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HomeMy WebLinkAboutAgenda Packet City Council - 05/09/2006 CITY COUNCIL AGENDA MAY 9, 2006 Corpus Christi All-America CiIV Public Notice that the City Council will tour the J. C. Elliott and Cefe Valenzuela Landfills immediately following the May 9, 2006 Council Meeting and will discuss matters related to landfill operations. The bus tour will begin at the Staples Street entrance to City Hall. 1145 A.M. - Proclamation declaring May 9,2006 as "Employees in Public Transportation Day" Proclamation declaring May 12, 2006 as "Community Connections: America's Promise to Kids Day" Proclamation declaring the week of May 8-13, 2006 as "Water Utilities Awareness Week" Proclamation declaring the month of Mayas "Asian/Pacific American Heritage Month" Ceremonial Presentation by Regional Transportation Authority to City of check for the Street Improvement Program Presentation of the Public Technologies Institute 2005-2006 Tech Leader Award to Ogilvie Gericke "At Your Service Award", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 9, 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 opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address, Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary, Si Usted desea dirigirse al Conci/io y cree que su ingles es limitado, habra un inter prete ingles-espanol en todas las juntas del Concilio para ayudarle Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) 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 John Smith, First Family 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 Tem John Marez Coun,iI Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting May 9,2006 Page 2 E. MINUTES: 1 Approval of Regular Meeting of April 25, 2006. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2 * Animal Control Advisory Committee Arts and Cultural Commission Building Code Board of Appeals Citizens Advisory Health Board 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 withdrllwn 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 CONSJNT 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) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9, 2006 Page 3 3 Motion approving a supply agreement with Casco Industries, Inc., of Pasadena, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, for an estimated annual expenditure of $115,609.50. The term of the 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 Fire Department in FY 2005-2006. (Attachment # 3) 4.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $159,671 from the United States Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2006 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under an established Interlocal Agreement and to execute all related documents. (Attachment # 4) 4.b Ordinance appropriating $159,671 from the United States Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grants Fund to purchase law enforcement equipment for the Police Department and Nueces County. (Attachment # 4) 5.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $136,380 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) 5.b. Ordinance appropriating $136,380 from the Executive Office of the President, Office of National Drug Control Policy in the No. 1061 Police Grants Fund to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to submit a grant application to Texas Parks and Wildlife in the amount of $125,000 for construction of the Corpus Christi Beach Promenade along Corpus Christi Beach and meeting phase 1 for CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9, 2006 Page 4 a total of .51 miles of Promenade, with a City match of $15,000 from the Bond 2004 Project and an in-kind donation of $10,000 from the Corpus Christi Beach Association. (Attachment # 6) 7 Ordinance transfernng $1,141,876 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund; and appropriating the $1,141,876 as City required matching funds for the 2005-2006 Fiscal Year Senior Community Services Program. (Attachment # 7) 8. Motion authorizing the temporary closure of Park Street from Northbound Shoreline to Southbound Shoreline from 6:00 A.M. on May 22,2006 through midnight on May 31,2006, and waiving the requirements of Subsections 49-17(a) and (b) for the 2006 Velocity Games due to a finding that the event will promote the City and provide sufficient publicity and economic benefit to justify the waiver under Section 49-17 ( r ) of the Code of Ordinances. (Attachment # 8) 9. Motion approving the application from Christus Spohn Hospital Health Systems to temporarily close Third Street as shown below for required utility, drainage and paving improvements associated with the proposed permanent closure of Third Street from Ayers Street to Elizabeth Street: (Attachment # 9) Third Street between Ayers Street and Elizabeth Street from 9:00 A.M., on May 10,2006 and continuing for sixty (60) calendar days. 10. Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the contract with RAM Technologies, Inc., of Fort Washington, Pennyslvania in the amount of $82,790 for a total re-stated fee of $459,190 for contract management and technical services necessary for implementation of Phase 1 of the citywide Automated Meter Reading (AMR) project. (Attachment # 10) 11 . Motion authorizing the City Manager to execute a Deferment Agreement with Porto Villageo No.1, Ltd., a Texas Limited Partnership, (Developer), in the amount of $372,762.70 for the installation of street paving, curb, gutter and sidewalk public improvements to serve Porto Villageo Subdivision, located CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9, 2006 Page 5 between State Highway 361 and the Gulf of Mexico and south of Mustang Island Estates Drive, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3(b). (Attachment # 11 ) 12.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with Mostaghasi Investment Trust, developer of King's Point Unit 6 located east of South Staples Street and north of Yorktown Boulevard for the installation of 1,364 linear feet of off-site 12-inch sanitary sewer collection line. (Attachment # 12) 12.b. Ordinance appropriating $267,825.50 from the Sanitary Sewer Collection Line Trust Fund No. 250420-4220 to pay Mostaghasi Investment Trust for the installation of 1,364 linear feet of off-site 12-inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop King's Point Unit 6. (Attachment # 12) 13, Ordinance abandoning and vacating a 17,016.20-square foot portion of an existing drainage easement out of Lots 30 thru 34, Block 32, King's Crossing Unit 10: subject to compliance with the specified conditions. (Attachment # 13) 14. Ordinance abandoning and vacating a 3,880.26-square foot portion of an existing drainage easement out of Lots 36 thru 39, Block 32, King's Crossing Unit 10; subject to compliance with the specified conditions. (Attachment # 14) 15. Ordinance abandoning and vacating a 1 ,870-square foot portion of a 1 O-foot wide utility easement out of Lots 1 and 2 and Lots 23 and 24, Block 4, Lexington Estates; subject to compliance with the specified conditions. (Attachment # 15) 16. Ordinance amending the Code of Ordinances, Chapter 57 Vehicles for Hire, Section 57-135, Fares - Amounts, to add a provision to allow for traffic delay time charges and modifying the effective date of rate changes and amending Section 57-105, Neat and Clean Appearance of Drivers, to allow drivers to wear shorts during the summer months. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9, 2006 Page 6 l. PUBLIC HEARINGS: ZONING CASES: 17 Case No. 0306-04, City of Corpus Christi/Harbors Homeowners' Association: A change of zoning from a "B-4" General Business District with a "PUD-2" Planned Unit Development 2 to a revised "8-4" General Business District with a "PUD-2" Planned Unit Development 2. Porto Bello Subdivision (The Harbors), Block 1, Lots 1-70 and 70A-150, located west of U.S. Highway 181 and West Causeway Boulevard, east of Rincon Road and Canal A and south of Nueces Bay. (Attachment # 17) Planning Commission and Staffs Recommendation: Approval of the "B-4" General Business District with a Planned Unit Development PUD-2 revised site plan by: 1. Removing building pad sites, 2. Denial of allowing for storage of recreational vehicles/trailers on Lot 3 ORDI NANCE Amending the Zoning Ordinance, upon application by the City of Corpus Christi and the Harbors Homeowners' Association, by changing the zoning map in reference to Porto Bello Subdivision (The Harbors), Block 1, Lots 1-70 and 70A-150, from "8-4" General Business District with a "PUD-2" Planned Unit Development 2 to a revised "B-4" General Business District with a "PUD-2" Planned Unit Development 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 18. Case No. 0306-05. United Rentals: A change of zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District. The property being 654.3 square feet out of Holly Industrial Subdivision Lot 6, Bohemian Colony Lands Section 3, located on the east side of Ayers Street between Gibbs Street and Holly Road (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9,2006 Page 7 Planning Commission and Staffs Recommendation: Denial of an "1-3" Heavy Industrial District, and in lieu of, approval of a Special Permit, 654.3 square feet in area, for one (1) 2,000 gallon above ground fuel tank for the storage of diesel fuel, subject to a site plan, and approval of the Fire Marshall and Zoning Board of Adjustment. ORDINANCE Amending the Zoning Ordinance, upon application by United Rentals, by changing the zoning map in reference to 654.3- square feet out of Holly Industrial Subdivision, Lot 6, Bohemian Colony Lands, Section 3, by granting a Special Permit for an above ground fuel storage tank, subject to a site plan and three conditions; 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. 19" City's Americans with Disabilities Act Title II Transition Plan and Non-Discrimination Ordinance Quarterly Report (Attachment # 19) 20. Northwest Branch Library Expansion and Renovation (Attachment # 20) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 21 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Calallen Independent School District by which the District provides a temporary site for the operations of the Northwest Branch Library while the Northwest Branch Library site undergoes expansion and renovation. (Attachment # 21) 22 Resolution electing to be eligible to participate in tax abatement and adopting Tax Abatement Guidelines and Criteria. (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9,2006 Page 8 23 Resolution authorizing the City Manager or his designee to petition the Texas Alcoholic Beverage Commission to grant an order authorizing the City to prohibit the possession of an open container of an alcoholic beverage within the Central Business District (Attachment # 23) (RECESS REGULAR COUNCIL MEETING) L MEETING OF CITY CORPORATION: 24. CORPUS CHRISTI HOUSING FINANCE CORPORATION: (Attachment # 24 ') AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING Date: Tuesday, May 9, 2006 Time: During the meeting of the City Council beginning at 10:00 a m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President Mark Scott calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Mark Scott, President Bill Kelly, Vice President Brent Chesney Melody Cooper Jerry Garcia Henry Garrett Rex A. Kinnison John Marez Jesse Noyola Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer 3. Approve Minutes of October 18,2005 meeting. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9, 2006 Page 9 4. Financial Report. 5. Consideration and approval of providing $16,500 to the City of Corpus Christi to assist in the relocation of the historic Mary Carroll House to Heritage Park. 6. Public Comment. 7. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a 1a junta y cree que su ing1es es /imitado, habr;3 un interprete ingles-espanol en la reunion 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 A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9, 2006 Page 10 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. 25 Executive session under Texas Government Code Section 551.071 regarding Cause No. C=06-133, Cody Smithers, Jeff Ozbirn, and Home Sharing Individuals 1-19 at 326 Meldo Park, Corpus Christi, Texas aka Safeplace vs. City of Corpus Christi, Texas, with possible discussion and action related thereto in open session. O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 26c CITY MANAGER'S REPORT * Upcoming Items 27 MAYOR'S UPDATE 28 COUNCIL AND OTHER REPORTS P. 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 0/ Of) p.m., May 5,2006. ~ Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 9,2006 Page 11 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 CHRIST', TEXAS Regular Council Meeting April 25, 2006 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison Jesse Noyola City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Melody Cooper Mark Scott Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor James Anaya of Travis Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of April 18, 2006. City Secretary Chapa noted that the minutes incorrectly reflected Mayor Pro Tern Marez's abstention on Item 16.b., which approved the FY 2006 Consolidated Annual Action Plan, by omitting his abstention on the Emergency Shelter for Youth program. A motion was made and passed to approve the minutes as amended. * .* * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 11). City Secretary Chapa announced that Mr. Kelly was abstaining from the vote and discussion on Items.s and 7. There were no comments from the public. Council members requested that Items 5 and 6 be pulled for individual consideration. A motion was made and passed to approve Items 2 through 11, constituting the consent agenda, except for Items 5 and 6, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. ORDINANCE NO. 026743 Ordinance appropriating $302,000 from the Vehicle Capital Reserve in Fund 5110 Maintenance Services for vehicle and equipment purchases; amending the FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $302,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye" Cooper and Scott were absent. Minutes - Regular Council Meeting April 25. 2006 - Page 2 2 b. MOTION NO. 2006-126 Motion approving the purchase and lease purchase of two (2) aerial bucket trucks from Philpott Motors, of Port Neches, Texas for the total amount of $135,354. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). These trucks will be used by the Municipal Information Systems and Water Departments. Funding for the purchase of one bucket truck is available in the Capital Outlay Budget of the Maintenance Services Fund. Funds for the lease purchase of the second truck will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 3. MOTION NO. 2006-127 Motion approving the lease purchase of two (2) front end loader tractors and purchase of three (3) track excavators from the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0102-06, based on low bid, for a total amount of $192,735.89. The construction equipment will be purchased for the Parks and Recreation and Water Departments. Funding for the lease purchase of the front end loaders will be provided through the City's lease/purchase financing program. Funding for the purchase of the excavators is available in the Capital Outlay Budget of the Maintenance Services Fund. All of the recommended items are replacements to the fleet. Anderson Machinery Corpus Christi, Texas Item NO.1 $110,378.16 Robstown Hardware Robstown, Texas Item NO.2 $61.360 H & V Equipment Services Corpus Christi. Texas Item NO.3 $20,997.73 Grand Total $192,735.89 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 4.a. RESOLUTION NO. 026744 Resolution authorizing the City Manager or his designee to execute a $10,000 Solid Waste Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments to develop a Community Media Outreach Campaign for the City's Anti-Litter Ordinance. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. Minutes - Regular Council Meeting April 25, 2006 - Page 3 4.b. ORDINANCE NO. 026745 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to develop a Community Media Outreach Campaign for the City's Anti-Litter Ordinance An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 4.c. RESOLUTION NO 026746 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments in the amount of $10,380 for salary for a third year of grant funding for an Assistant Compliance Officer. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 4.d. ORDINANCE NO. 026747 Ordinance appropriating $10,380 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for salary for a third year of grant funding for an Assistant Compliance Officer An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 4.e. RESOLUTION NO. 026748 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments in the amount of $4,500 to pay for disposal of scrap tires collected during the City's Neighborhood Initiative Program. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 4.f. ORDINANCE NO. 026749 Ordinance appropriating $4,500 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to pay for disposal of scrap tires collected during the City's Neighborhood Initiative Program An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye": Cooper and Scott were absent. Minutes - Regular Council Meeting April 25. 2006 - Page 4 4.g. RESOLUTION NO. 026750 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments in the amount of $20,000 to purchase new collection units for used-oil and HHW storage modules for the new CollectionfTransfer Station at the J. C Elliott Landfill. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent 4.h. ORDINANCE NO. 026751 Ordinance appropriating $20,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to purchase new collection units for used-oil and HHW storage modules for the new CollectionfTransfer Station at the J. C. Elliott Landfill. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 7 RESOLUTION NO 026754 Resolution expressing official intent to reimburse costs of the Packery Channel Improvement Project The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly abstained; Cooper and Scott were absent. 8 MOTION NO. 2006-128 Motion authorizing the City Manager or his designee to execute a testing agreement with Kleinfelder, of Corpus Christi, Texas in the amount of $40,559 for the Water Main Improvements: Leopard Street and Third Street project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent Minutes - Regular Council Meeting April 25, 2006 - Page 5 9 MOTION NO. 2006-129 Motion approving the application from The Corpus Christi Chamber of Commerce to temporarily close the following street section for the Corpus Christi Chamber Mixer Event, May 11,2006 at 12:01 a.m. to May 11,2006 at 11 :59 p.m. 1. The two inside travel lanes of Northbound Shoreline Boulevard from Power to Palo Alto, exclusive of the median crossovers at Power and Palo Alto, beginning at 12:01 a.m., Thursday, May 11,2006 through 11 :59 p.m., Thursday, May 11,2006. 2. Southbound Shoreline Boulevard from Power to Palo Alto, exclusive of the median crossovers at Power and Palo Alto, beginning at 12:01 a.m., Thursday, May 11, 2006 through 11 :59 p.m.. Thursday, May 11,2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 10. MOTION NO. 2006-130 Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Raju Bhagat, (Developer), in the amount of $42,900 for the installation of storm, sanitary and water public improvements to serve Whelan Tract, Unit 4, Block 1, Lots 1 and 2, located east of Navigation Boulevard and south of Interstate Highway 37 (IH 37), 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, Garcia, Kelly. Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 11.a. ORDINANCE NO. 026755 Ordinance authorizing the City Manager or his designee to execute a Lease Agreement with Peter Bryant (MMD Communications) for a term of 8 days in April, 2007, for the Texas International Yacht and Jet Plane Show at the Peoples Street T-Head. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 11.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a Lease Agreement with Peter Bryant (MMD Communications) for a term of 8 days in April, 2007, for the Texas International Yacht and Jet Plane Show at the Peoples Street T-Head; providing for two 5 year renewals upon City Manager, or designee, finding show successful for City. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. Mayor Garrett opened discussion on Item 5, a resolution to determine whether to sell or retain the City Library's mineral interests in the Anita Neyland Trust. In response to Mr. Garcia's question, Director of Libraries Herb Canales stated that staffs recommendation was to retain the City's mineral rights. Mr. Canales further explained that there were three other beneficiaries to Mrs. Minutes - Regular Council Meeting April 25 2006 - Page 6 Neyland's Trust, and they had decided to retain their rights. Mr Garcia asked how much money the City Library had received to date from the Trust. Mr. Canales replied that the City Library had received over $365,000 in proceeds from the Trust thus far; they expected to receive between $500,000 and $600,000 once all the assets were sold. Mr. Garcia asked how the funds were being used. Mr. Canales replied that in 2005, the Council approved a plan to use the entire $600,000 in proceeds for capital improvements at Parkdale Library. In addition, he said the Friends of the Library had raised $52,000 toward the project. The Council also approved staff's recommendation to rename the Parkdale Library in honor of Mr. Neyland, once the improvements were completed. Mr Garcia asked Mr. Noe to look into improving the Carmel Parkway and Staples Street Intersection near the library. Mr. Canales mentioned that Parkdale Plaza had been sold to a new owner, but their redevelopment plans, which included this intersection, were unknown at this time. Mr Kinnison asked City Manager Noe if he had decided to retain the mineral interests, or If he planned to solicit offers for sale. City Manager Noe replied that staff recommended retaining the mineral interests, but the resolution was crafted to allow the City to sell the mineral interests in the future if it was more profitable City Secretary Chapa polled the Council for their votes as follows: 5 RESOLUTION NO. 026752 Resolution amending Resolution 026056 by adding Section 2 that also authorizes City Manager or designee, to determine whether to retain or sell City of Corpus Christi Library's 25% beneficial interest in the mineral interests owned by the Anita Neyland Trust, established under the W T Neyland Last Will and Testament. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison. Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. Mayor Garrett opened discussion on Item 6 regarding Packery Channel. Mr. Kinnison asked If staff knew what the city's chances were to receive this grant. Special Assistant to the City Manager Tom Utter stated that it was soon to tell. He said the city was submitting two grant applications for this project and for the Lawrence Street L-Head parking lot project. He said the city would find out if they had been awarded the grants in late June or July. Mr. Kinnison asked what would happen if the city did not receive the grants. Mr. Utter replied that if the city was not awarded the grants, then staff would scale back the projects so they could be completed with the $300,000 budget. City Secretary Chapa polled the Council for their votes as follows: 6, RESOLUTION NO. 026753 Resolution authorizing an application to the Texas Parks and Wildlife Department for assistance in funding a public parking lot and access road on Packery Channel; declaring the City eligible for such assistance; authorizing the City to be local sponsor of the project; and directing and authorizing the City Manager to file the application and to execute all documents pertaining thereto. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly abstained; Cooper and Scott were absent. Minutes - Regular Council Meeting April 25, 2006 - Page 7 * * * * * * * * * * * * * Mayor Garrett referred to Item 12, a presentation on the City-Wide Wireless Fidelity Broadband Mesh Network Business Plan. Director of Municipal Information Services (MIS) Ogilvie Gericke stated that the Corpus Christi Digital Community Development Corporation held their first Board meeting on April 17, and elected Mr. Bud Harris with Del Mar College as chairman. He introduced Mr. Roland Mower with the Economic Development Corporation and Mr. Jimmy Bray, legal consultant. On behalf of the C.C. Digital Community Development Corporation Board, Mr. Harris thanked the Council for appointing them to assist them with the Wi-Fi Initiative. At their first Board meeting on April 17, he said the Board discussed future endeavors and reviewed the business plan. He said the business plan was a technical, comprehensive document, and the Board viewed it as a starting point for the process as they learned more about it. He said the Board welcomed the Council's input and comments on the Wi-Fi initiative business plan during staffs presentation today. He said the Board was committed to making the initiative a success, and they wished to carry out the Council's will on the project. Finally, he thanked staff for their efforts on developing the business plan. Mr. Kinnison asked Mr. Harris if the Board had access to a third party review of the business plan. Mr. Harris responded negatively. Mr Gericke stated that since Mr. Brian Anderson with Next Step Consulting could not be here today, he would be discussing the business plan in Mr. Anderson's place. Mr. Gericke stated that the goals of the business plan were as follows: improve city services; improve other governmental services (school districts, RTA, Port, county, and State); provide access to individuals and businesses; and grow jobs. Mr. Gericke stated that the principles of the business plan were as follows: to maximize the economic value; to provide a level playing field; to bridge the digital divide; to provide framework that maximizes creativity in developing the portal; and to find partners that would bring assets. Mr, Gericke discussed the market trends for the Wi-Fi initiative as follows: broadband was emerging as a critical infrastructure; applications drive the bandwidth requirements; fixed and mobile broadband access was emerging as a user requirement; and metro Wi-Fi networks enable competitive consumer value. Mr. Gericke covered the components of the business model, designed to foster a partnership with access to all; as follows: network (fiber and wireless); portal; Internet Service Providers (ISP); and applications. Mr. Gericke stated there were four phases to the city's implementation strategy: Phase 1 - establish core Wi-Fi network services; Phase 2 - establish a community network portal; Phase 3 - create Digital Community Development Programs; and Phase 4 - expand network services and coverage. Regarding the network, Mr. Gericke stated that the City needed to partner with an Internet Service Provider (ISP); create a level playing business field for allISPs; ensure a maximum market penetration; and higher community/consumer value. Mr. Gericke discussed the community portal concept. He said initially, the portal would offer free network access and then later could access value-added services such as eCommerce, advertising services, syndicated news, and community newsletters. Finally, he said subscription and value added services access could be provided through Earthlink, AOL, and MSN platinum. Minutes - Regular CouncIl Meeting April 25, 2006 - Page 8 Mr Gericke stated that staff had developed four different business scenarios with detailed cost projections as follows Scenario 1 city operation only; Scenario 2: city and corporationl Wi-Fi network alliance; Scenario 3: city, corporationlWi-Fi Network Alliance, and community portal; and Scenario 4: city, corporationlWlSP Alliance, community portal, and government. Mr Gericke stated that under Scenario 1, the city would solely fund the implementation (debt) and maintenance and support, with a five percent annual increase over Years 1 through 5. The city would implement cost reduction and service improvement Wi-Fi applications. The community would have limited access alternatives in this scenario. Under Scenario 1 Mr. Gericke said the city's current network services expenses were approximately $2.5 million He said the city was investing $7 million in the Wi-Fi initiative, and if the city chose not to partner with another entity, it would have to repay the costs over a 20-year period. He pointed out, however, that the city expected to see cost savings from city programs using the Wi- Fi technology, such as the automated meter reading (AMR) and automated vehicle location (AVL) systems. He noted that the city's costs under Scenario 1 would increase from $2.6 million in Year 1 to $3.1 million in Year 5 Mr Gericke discussed Scenario 2, which assumed that the city had partnered with a major Internet service provider (ISP) that would share their customer base. He said the city and the ISP would share the costs of operating and maintaining the network as well as building it out. The benefit under this scenario was that the city could make the Corpus Christi Digital Community Development Corporation responsible for the $7 million debt, and work with the ISP to pay the costs. He said the city had spoken with a nationallSP that was interested in partnering with the city in the endeavor. The ISP felt they could pay the corporation an average of $8 per subscriber per month. Under this scenario, Mr. Gericke said staff felt the city could keep their 0 & M costs constant at $2.5 million from Year 1 through Year 5 In addition, he said the city's total network operating expense would decrease in Year 1 to $2.2 million, compared to $2.6 million in Scenario 1. Mr Gericke covered Scenario 3, which included the same assumptions as in Scenario 2 but also included community portal services He said small businesses could use the portal for E- commerce opportunities to attract outside business. The city's costs under this scenario would remain the same, as in Scenario 2, but the corporation would probably see higher profits that could fund Digital Community Development programs. He provided cost projections from Year 1 to Year 5 Mr Gericke discussed Scenario 4, which included the same assumptions as in Scenarios 2 and 3. but assumed that the corporation would expand the network infrastructure to the greater metro area locations. In addition, the corporation could provide low-cost (wholesale) Wi-Fi access services to other government agencies. He provided cost projections from Year 1 to Year 5. Mr Gericke discussed the corporation's expenses related to the Wi-Fi project as follows: to maintain a small administration staff of four individuals; pay debt for Wi-Fi implementation and start-up capital; to fund network upgrades to meet carrier grade service requirements; to fund temporary professional services resources to support development and operations; to fund host services (no infrastructure cost) for portal and E-commerce marketplace; and to fund marketing and digital community programs based on board priorities and available funds. He then reviewed a detailed chart of the corporation's revenues and operating expenses for five years. Mr. Gericke discussed the schedule for the Wi-Fi implementation. He said Northrup Gromman was in the process of installing the Wi-Fi network, with a scheduled completion date in August 2006. Thus, the city needed to sign an agreement with an ISP in July or August so the network could be fully used Minutes - Regular Council Meeting April 25. 2006 - Page 9 Mr Marez expressed concern that the national media was not recognizing the city for its ground breaking efforts on Wi-Fi. City Manager Noe replied that he had spoken with Business Unit Manager Leonard Scott about allocating funds for marketing efforts. He said the only way to substantially increase the publicity would be to retain a firm to educate the national press about the city's Wi-Fi initiative. He said this type of expense was not built into the budget but could be added if the Council desired. Mr Marez spoke in support of hiring a marketing firm to publicize the city's efforts. Mr. Kinnison stated that while he supported the city's Wi-Fi initiative, he and staff differed significantly on the Wi-Fi business plan. He expressed concern that a third party evaluation was not completed on the business plan. He also expressed concern that the city did not have an ISP partner for the initiative yet; he said other cities with a Wi-Fi initiative had a partner from the onset. He said he knew of two unfavorable reviews of the City's Wi-Fi initiative that were a cause of great concern to him. In response to Mr. Kinnison's question, City Manager Noe replied that the corporation had to receive Council approval of their budget before they could start making expenditures. Mr. Kinnison asked that if the corporation generated excess profits, could the funds be transferred to the city's general fund. Mr. Jimmy Bray, legal counsel, answered affirmatively, saying that by statute, any funds remaining after Wi-Fi operating expenses and reserves were met could be transferred to the general fund. Mr. Kinnison asked about the administrative staff line item of $355,000. City Manager Noe stated that the staff included one person in charge with three key support staff members. Mr. Gericke added that the primary staff member would develop new business, two would keep track of business transactions, and one would provide administrative support. Mr. Kinnison pointed out that in other cities, these types of positions were eliminated once the city entered into a partnership with an ISP. Mr. Noe replied the city did not intend to duplicate any positions, so if there was no need for four positions, they could be eliminated. In response to Mr. Kinnison's question, City Manager Noe replied that the business plan assumed that the city's share of the costs would remain constant at $2.5 million. Ultimately, he said the city's goal was to reduce their share of the costs over time if the project was successful. He said the plan treated the $2.5 million as a financial transaction between the city and the corporation in which the city was buying their services. Mr. Kinnison asked the Corpus Christi Digital Community Development Corporation Board to carefully review the proposed business plan. He said he would provide the Board members with more information. He said he wished to see the Wi-Fi initiative become a success, but he did not understand why the city's approach differed so much from the course other cities had chosen. He hoped the city would enlist business professionals to run this business, so the city could get back to doing what it does best, namely providing municipal services. In response to Mr. Garcia's question, Mr. Gericke replied the city would see a return on its investment immediately if the Corporation could assume the debt for the project because the city would not be responsible for that payment. Mr. Garcia spoke in favor of the Wi-Fi project. He agreed with Mr. Marez's comments about more publicity efforts for the initiative, but he felt the more successful the program was, the more publicity it would attract. Mr. Garcia asked for staff's thoughts on how successful the project could be. Mr. Gericke replied that the city was in the unique position of having a fairly large network and having the resources, through Del Mar College, to train small businesses on its use. He felt the city had the community partnerships it needed to ensure that the network would be used extensively. Minutes - Regular Council Meeting April 25, 2006 - Page 10 Mr. Noyola asked about the city's prospects for ISP partnerships. City Manager Noe replied staff had discussed the Wi-Fi initiative with a number of major companies, including Google, IBM, Earthlink, and Sysco. He said several companies were expected to become lead partners in the endeavor, based on the advanced state of the negotiations. He predicted that once the corporation was up and running, the city would have an agreement with the lead company. Mr Noyola agreed with Mr. Kinnison's comment that he did not want to see taxpayer dollars paying for this initiative. He would rather see the city turn over the management to their partner. City Manager Noe replied that the business plan showed that the city's cost for these services would remain constant at $2.5 million over the five-year period. Additionally, the plan was to have the corporation assume the debt for the entire system, to be repaid out of the partnership revenues. Thus, the city was relieved of its obligation to pay the $7 million in debt currently in the utility system. Mr Noyola asked staff to comment on Mr. Kinnison's assertion that the city's approach to Wi-Fi was vastly different from the approach taken by other communities. Mr. Gericke replied that the city began considering Wi-Fi at a different point than most communities. Initially, the city's Interest in Wi-Fi was limited solely to municipal services like automated meter reading (AMR) operations Other cities thought about Wi-Fi as a way to provide Internet access at the start. Mr. Noyola stated that he was depending on staffs recommendations regarding this project since this wasn't his area of expertise. He said his main concern was that the city provided the basic services that citizens depended on, like police, fire, and street maintenance. He said he hoped the city was going in the right direction with this project. In response to Mr. Kinnison's question, City Manager Noe replied that the connectivity services of the MIS department were being transferred to the corporation. The corporation in turn would re-contract the services and reimburse the city. *'!\'k********** Mayor Garrett opened discussion on Item 13 regarding the agreement between the city and CC Digital Community Development Corporation. Mr. Jimmy Bray, the city's legal consultant, explained that the agreement provided the basic framework under which the Corporation would operate, coupled with the Articles of Incorporation and the by-laws that the Council had previously approved. He referred to a three-page summary in the Council's agenda packet that highlighted the agreement's major provisions. There were no comments from the audience. City Secretary Chapa stated that Item 13.a. would be considered as an emergency ordinance rather than a first reading ordinance. City Secretary Chapa polled the Council for their votes as follows: 13.a. ORDINANCE NO. 026756 Ordinance approving the Agreement for Services between the City of Corpus Christi and the CC Digital Community Development Corporation regarding Wi-Fi Network. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison voting "No"; Cooper and Scott were absent. Minutes - Regular Council Meeting April 25, 2006 - Page 11 13.b. MOTION NO. 2006-131 Motion authorizing the City Manager or his designee to execute a Wi-Fi Facility License Agreement with AEP Corporation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison voting "No"; Cooper and Scott were absent 13.c. FIRST READING ORDINANCE Granting to the CC Digital Community Development Corporation a non-exclusive franchise to operate, maintain, construct, extend, and upgrade facilities of the City of Corpus Christi Citywide Integrated Wi-Fi Network in the Public Rights-of-Way. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison voting "No"; Cooper and Scott were absent. Mayor Garrett opened discussion on Item 14 regarding the city's tax abatement guidelines and criteria. City Secretary Chapa announced that this item was being withdrawn by staff. City Manager Noe stated that the item would be rescheduled for the May 9 Council meeting. 14. WITHDRAWN Resolution electing to be eligible to p::uticipate in tax abatement and adopting tax abatement guideline6 and criteria. Mayor Garrett opened discussion on Item 15 regarding an amendment to the Corpus Christi Business and Job Development Corporation's Guidelines and Criteria for Granting Business Incentives. Director of Economic Development Irma Caballero stated the proposed amendment was designed to provide the corporation with as much flexibility as possible to grant business incentives. She said staff recommended the removal of Section 4(g), which limited the maximum amount of incentives pre job created to $5,000 Instead, the Board, with input and recommendations from the Economic Development Corporation, would set the amount of incentive on a per project basis. She explained that in many other communities, the incentive amounts were in the range of $15,000 to $20,000 per job. To be competitive, Ms. Caballero said the Board needed this added flexibility. In addition, Ms. Caballero stated that the term "enterprise facilitation" was being recommended for inclusion in Section 1 Definitions (e) under "Business Incubator". This would allow the Board to consider funding for small business through enterprise facilitation type programs. Mr. Kelly asked if the city still had the same amount of resources for economic incentives had changed. Ms. Caballero answered affirmatively. In response to Mr. Kelly's question, Ms. Caballero stated that if the city was serious about attracting a major manufacturer with higher paying Jobs to the area, then the city needed to be prepared to offer greater incentives. Mr. Kelly asked that if the city changed its guidelines, would there be companies that would consider locating in Corpus Christi now that had not looked at us previously. Mr. Roland Mower, Director of the Regional Economic Development Corporation (EDC), replied affirmatively, saying that the EDC was extremely supportive of these changes. In his previous position with the Bryan/College Station EDC they commissioned a study to analyze the use of 4A incentives. The findings indicated that to attract manufacturing jobs around the state, a number of communities were Minutes - Regular Council Meeting April 25,2006 - Page 12 willing to offer $15,000 to $20,000 incentives. In addition, he said many communities did not have any return on investment (ROI) requirements that had to be repaid to the city. The City of Corpus Christi, in contrast, looked at a positive ROI of greater than six percent that would be paid back in less than seven years. City Manager Noe added that the proposed amendment was consistent with the recommendations from the city's Economic Summit in January. Mr. Mower stated that the EDC had hired Mr. Bill Fruth, the economist who presented at the Economic Summit, to create an incentive matrix and to build a rational economic incentive policy. Mr. Kelly stated that if the Council passed the proposed amendment. they were going to expect more results out of the EDC. Mr Noyola, Mr. Marez, and Mr. Garcia spoke in support of the proposed amendment because it would make the city more competitive in attracting new businesses. In response to Mr. Garcia's question, Mr. Noe stated that the 4A sales tax generated approximately $4.5 million a year; $2.1 million went to repay the debt on the baseball stadium, $500,000 went to affordable housing, and $1 8 million went to economic incentives for small businesses. Mayor Garrett asked for public comment. Mr. Abel Alonzo suggested that the 4A Board work with WorkSource to ensure that the city had a trained workforce already in place to fill any new jobs created City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 026757 Resolution approving an amendment to the Corpus Christi Business and Job Development Corporation's Guidelines and Criteria for Granting Business Incentives to provide flexibility in the approval of incentive for capital investmenUfacilities and to include a definition of an enterprise facilitation. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. Mayor Garrett opened discussion on Item 16, a resolution directing publication of the Notice of Intention to issue Certificates of Obligation on the landfill projects, Director of Financial Services Cindy O'Brien explained that the city planned to issue up to $20 million, but would fine-tune the amount so it would be closer to $18 million in project costs. She said the bond proceeds would be usacl to complete work on J.C. Elliott landfill and finalize arrangements for the Cefe Valenzuela landfill so it would be completed by the deadline. In addition, she said staff was asking Council approval to retain the services of M.E. Allison as financial advisor, and McCall Parkhurst and Horton as bond counsel. Mayor Garrett asked if the landfill project was on time. Assistant Director of Engineering Kevin Stowers replied affirmatively, saying that staff anticipated an August opening date. City Manager Noe added that staff planned to arrange a tour of the landfill site at the end of a future Council meeting. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 25, 2006 - Page 13 16. RESOLUTION NO. 026758 Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation (Landfill Project); and resolving other matters relating to the subject. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. Mayor Garrett opened discussion on Item 17 regarding the Oso Water Reclamation Plant project. Assistant Director of Engineering Services Kevin Stowers stated that approval of the item would provide for an alternate power facility upgrade to the plant. City Engineer Angel Escobar further explained that the item was comprised of three parts. The first part appropriated the interest earnings to fund the project. The second part awarded the construction contract to R.S. Black Civil Contractors. Finally, the third part approved an electrical power agreement with AEP to bring the power source into the plant There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 17.a. ORDINANCE NO. 026759 Ordinance appropriating $5,198,719 from the unappropriated interest earnings from Wastewater 1995A Capital Improvement Program Fund 4242 for the Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade Part 1; amending Capital Budget adopted by Ordinance No 026188 by increasing appropriations by $5,198,719. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 17.b. MOTION NO. 2006-132 Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors, Inc.lMachinery & Materials, Inc. (a joint venture), of Corpus Christi, Texas in the amount of $5,118,719 for the Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade Part 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. 17.c. MOTION NO. 2006-133 Motion authorizing the City Manager or his designee to execute an electrical power agreement with American Electric Power (AEP), of Corpus Christi, Texas in the amount of $80,000 for the Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade Part 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent. * * * * * * * * * * * * * Minutes - Regular Council Meeting April 25, 2006 - Page 14 Mayor Garrett called for petitions from the audience. Mr. Gabe Lozano Jr., 4602 Mokry, spoke in favor of transferring Scott Davison and Brenda Gonzales to their former positions at Oso Golf Course. Mayor Garrett replied that the City Council did not get involved in personnel matters; he advised Mr. Lozano to speak with City Manager Noe. City Manager Noe noted that he had spoken with Mr. Lozano regarding this matter before, but he would meet with him again if he wished. k * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe reported that tomorrow from 7:30 a.m. to noon, the Storm Water department would hold its annual exercise to drill on storm surge levee preparations during the hurricane season. He said portions of North Port Avenue would be restricted to traffic during the exercise. City Manager Noe reported this Thursday, the city would hold an Open House at the Customer Call Center beginning at 11 :00 a.m. to publicize the new city assistance number, 826- CITY. He said the center was receiving over 35,000 calls per month. The city was also going to expand the call center's hours until 7:00 p.m. initially. City Manager Noe announced that the third Wi .... Fi educational roundtable would be held for local school districts this Thursday from 1 :30 p.m. to 3:30 p.m. in the Sixth Floor Conference Room. Another roundtable was scheduled for small businesses in May. City Manager Noe reminded the Council that the mid-term retreat would be held next Tuesday, May 2 from 8:30 a.m. to 3:30 p.m. Mayor Garrett reported that he was receiving positive comments about the Customer Call Center, and he asked City Manager Noe to let them know. Mayor Garrett called for Council concerns and reports. Mr. Marez asked City Manager Noe to look into complaints about the Glasscock landfill between Marina del Sol Condos and the Holiday Inn Emerald Beach. He asked code enforcement staff to investigate. Mr. Nee replied that there had been complaints about individuals camping out in the area, and staff would look into it. Mr. Marez also thanked Ms. Annie Leal and the Call Center for their responsiveness. Mr Noyola asked City Manager Noe to consider giving Annie Leal and the Customer Call Center staff an "At Your Service" Award. He also said that he drove by the Peter Piper Pizza at the Mission Plaza, and noticed that orange sandbags had marked the missing curb that he mentioned last week. He preferred to see the area marked with orange netting so people could see it more easily. Mr. Noe replied that the area was under TxDOT control, but staff would follow up on it. Mr Noyola presented City Manager Noe with a copy of ordinances and resolutions regulating shelter and rehab locations in cities nationwide. He asked him to provide copies to the rest of the Council for their information A discussion ensued about whether the Council had directed the Planning Commission to develop a potential ordinance on zoning issue for shelters, rehab facilities, and the like. City Manager Noe replied that when the Planning Commission considered the Metro Ministries case, they asked for a presentation on the issue at one of their future meetings. He said staff was currently researching the types of ordinances regulating this issue in other cities, and had asked their UDC consultant, Duncan and Associates, to research the issue as well. He said staff had not crafted an ordinance at this time, and it was soon to say that they were developing an ordinance. Minutes - Regular Council Meeting April 25, 2006 - Page 15 Mr. Kinnison, Mayor Garrett, and Mr. Chesney spoke against the development of an ordinance regulating shelters and rehab facilities because they did not feel the majority of the Council wanted an ordinance. They asked staff communicate to the Planning Commission that the Council had not directed them to craft an ordinance. Mr Noyola stated that he was not asking for an item to be placed on the agenda regarding this issue. He said the media had mistakenly portrayed him as advocating an ordinance. Rather, he was simply asking staff to research the issue. Mr. Kelly spoke in support of Mr. Noyola's request, saying that the public perception was that the city was planning to aggressively move the homeless out of the city and into industrial areas. He thought Mr. Noyola's request was appropriate and should be accommodated There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 11 :35 am. on April 25, 2006. * * * * * * * * * * * * * 2 a. ANIMAL CONTROL ADVISORY COMMITTEE - Two (2) vacancies with three-year terms to 5- 31-09 representing the following categories: 1 - Community at Large and 1 - Animal Welfare. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City-County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex-officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City-County Health and Welfare Department or his designated representative shall serve as the secretary ofthe Board. MEMBERS *****Susan Thiem (Cornrn at Large), Chair Kendal L. Keyes (Cornrn at Large), Vice Chair *Sharon Massad (Animal Welfare) Z. Paul Reynolds (Cornrn at Large) Dr. John Buckley (Cornrn. at Large) Dr. William Watson (Veterinarian) Pamela Rhyner (Animal Welfare/shelter) City Manager or Representative Annette Rodriguez, Director of Public Health Cherne Stunz, Supervisor, Animal Control TERMS 5-31-06 5-31-08 5-31-06 5-31-07 5-31-07 5-31-07 5-31-08 Ex-Officio, Nonvoting Ex-Officio, Nonvoting Ex-Offico, Nonvoting ORIGINAL APPTD. DATES 6-13-00 2-11-03 5-13-03 5-11-04 5-11-04 5-11-04 5-10-05 *Seeking reappointment *****Not seeking reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Sharon Massad (Animal Welfare) I 0 NO. PRESENT 7 % OF ATTENDANCE LAST TERM YEAR 70% OTHER INDIVIDUALS EXPRESSING INTEREST Barbara E. Beynon Environmental Investigator, Texas Commission on Environmental Quality. Received B.A. and M.S. in Geology from Texas A & M University - Kingsville. Member of the C.c. Kennel Club and an AKC approved Conformation judge. (Animal Welfare organization) (2- 20-05) Tamie Duff Government Intern, CorpusBeat Magazine. Received RA. in English at Texas A & M University and currently pursuing M.A. from Texas A & M University - Corpus Christi. Activities include: Corpus Christi Focus and Church of the Good Shepherd Bell Choir. (Community At Large) (1-06-06) Carolyn Moon Teacher, Corpus Christi Independent School District. Received M.A. in Communications and Special education. Active member of the League of Women Voters and the Texas Democratic Women. (Community at Large) (4-29- 05) CTuillermo "Willie" Perez Retired Assistant Principal, CCISD. Received B.S. in EnglishlHistory, and M.S. in Mid-Management Administration. Activities include: LULAC, GI Forum, Retired Teachers, Leadership Corpus Christi and Disabled Veteran. (Community at Large)) (07-12-05) Cheryl ()umones Owner, The Pet Nanny. Received an Associates in Sociology. Volunteers for the Lost Pet Hotline and CCi\RE, (Animal Welfare organization) (2-28-05) ! ames D. Robbins Retired, United States Army & Civil Service Air Traffic. Received a degree in Business Management and Certificate of Ministry. Activities include: Mayor's Committee on Veteran Affairs and formerly on Food Service Advisory Committee. Received the Eagle Scout Award and several military awards. (Community at Large) (2-19-05) William R Schroeder Owner, Corpest Service Company. President of the Coastal Bend Pest Control Association and member of the Food Service Advisory Committee. (Community at Large) (2- 23-05) Tudith Ann Sisson Owner, Laguna Shores Pet Salon. Received a B.S. in Pharmacy. Founded the Coastal Bend Small Breed Rescue. Activities include: former volunteer of Lost Pet Hotline, member of Pet finder and speaks to schools and church groups. Received the Jefferson Award. (Animal WelfarelShelter)(2-19-05) b AllTS AND CULTURAL COMMISSION - Four (4) vacancies with terms to 9-01-06, 9-01-07 and 9-01-08 representing the following categories: 1 - Visual Arts, 1 - Business Development, 1 - Economic Development/Tourism and 1 - Marketing. (Since two of the terms expire on 9-01-06, it is recommended that the new appointments be reappointed to a three-year term to 9-01-06.) (Mayoral appointment subject to confirmation by Council.) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities III and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public SpacelPublic Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A&M Umversity, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non-lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. MEMBERS Armando Camina (Public Art / Public Space), Chair ****Deborah Fullerton (Visual Art) Linda Avila (Texas A&M-CC) Frank Trimble (Architecture) Elia Gutierrez (CiVIC Leader) Ed Grove (Marketing) ***Chad Luhan (Business Development) Gloria T. Bilaye-Benibo (Dance) Judith Prewitt, Ph.D. (Education/Youth) ***Rebecca Esparza (Economic Dev./ Tourism) DeAnn Gould-Lancaster (Public Art! Public Space) Anne Stewart (Del Mar College) Lynda AJ. Jones (Education/Youth) J. Don Luna (Drama) Guadalupe Garcia (Economic Dev.lTourism) Dr. James A. Rennier (Music) ***Daiquiri Richard (Marketing) ***Resigned ****Has exceeded the number of absences allowed by ordinance TERM 9-01-08 9-01-07 9-01-06 9-01-08 9-01-07 9-01-06 9-01-06 9-01-07 9-01-07 9-01-08 9-01-06 9-01-08 9-01-06 9-01-07 9-01-06 9-01-07 9-01-06 ORIGINAL APPTD. DATE 10-08-02 8-24-99 2-22-00 10-11-05 2-22-00 8-24-04 8-24-04 12-14-04 8-24-04 5-10-05 11-13-01 11-13-01 6-17-03 6-17-03 5-10-05 12-14-04 10-08-02 (Note: The Arts and Cultural Commission is recommending the new appointments of Joye LaBarreU (Marketing), Lisa Godwin (Economic Development/Tourism), Molly Merkle (Visual Arts) and Jessica Davila Burnett (Business Development).) INDIVIDUALS EXPRESSING INTEREST Christopher Aebu Owner, Restaurant Lavender. Attended the California Culinary Academy. (Economic Development/Tourism) (4-28-05) Grace Barraza-Vega Art Teacher, Gregory Portland Independent School District. Received B.A. with teacher certification. Activities include: Member of the National Association of Latino Arts and Cultural, and is a artist in paint and photography. (Visual Arts) (1-25-06) Jessica Davila-Burnett Director, Corpus Christi Chamber of Commerce. Received Bachelors Degree in Organization and Development and pursuing Masters Degree in Organizational Development. Activities include: Texas Homeless Network, Toys for Tots, YWCA, March of Dimes, Ronald McDonald House, and Leadership Corpus Christi. (Business Development) (4-04-06) Lisa Y. Godwin Associate Attorney, Porter, Rogers, Dahlman & Gordan, P.e. Received B.A. in Political Science from the University of Texas at Arlington and J.D. from the University of Texas School of Law. Activities include: C.e. Festival of the Arts, Coastal Bend Women Lawyers Association, Corpus Christi Literacy Council, Corpus Christi Bar Association and C.C. Human Resources Association. (Economic Development/Tourism) (3-29-06) Joye A. LaBarrett Executive Director, Corpus Christi Ballet. Attended Ventura College, Northampton Community College and Texas Chiropractic College. Activities include: C. C. Symphony Board of Directors Brazilian Rhapsody Committee, e.e. Symphony Orchestra Society, C.C. Chamber of Commerce By the Bay and HEB Feast of Sharing. (Marketing or Economic Development/Tourism) (11-03-04) Molly Merkle Artist, W -Studio. Received Associates of Arts and is a certified gemologist. Served on the Board of Trustees at South Texas Institute for the Arts. (Visual Art) (7-09-04) Coeta Montgomery Director, University of Incarnate Word. Received B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Corpus Christi Chamber of Commerce, Rotary Club, and the C.C. Human Resource Management Association. (Economic Development/Tourism) (2-23-05) Robert L. McCarty Comptroller, Women's Shelter of South Texas. Received B.A. from Corpus Christi State University. Activities include: Texas Society of CPA's, American Institute of CP A's and Leadership Corpus Christi Class 29. (Economic Development/Tourism) (6-23-04) fennifer l McClaren Education Coordinator, Art Center of Corpus Christi. Received B.A. in Psychology and Art Education. Activities include: Earth DaylBay Day, mosaic artist, educator and teacher. (Visual Arts) (3-03-06) Jennifer NesmIth Marketing Assistant and Business Development Specialist, mc Bank:. Attended Del Mar College and Texas A & M University - Corpus Christi. Activities include: Junior League of Corpus Christi, C.C. Literacy Council, Mentor, Brown Bag Challenge, Phi Theta Kappa Alumni, and Programming for Republican Future. (Marketing or Economic Development/Tourism) (4-19-06) Sylvia SamanIego Owner, MEDBILL. Attending Del Mar College. Activities include: Graffiti Wipe Out Coordinator for the Volunteer Center of Coastal Bend, President of C.c. Barrios Association, Chair of Arts and Cultural Committee for Progressive Populist Caucus, South Texas Alliance for Peace and Justice, and organizes art activities. (Economic development/Tourism) (2-02-06) Richard A. Sanchez Realtor, Tropical Realty. Attended Del Mar College. Activities include: President of the Texas Jazz Festival, Appraisal Review Board and Founder of the Veterans Band of Corpus Christi. (Economic DevelopmentJTourism or Marketing) (3-15-06) Van P. Villa Office Manager/Licensed Agent, Meadow Insurance Agency Inc. Received B.A. in French and M.A. in French Literature. Member of the Ballet Nacional Dance Center, Asian Museum and other arts organizations. (Economic Development/Tourism or Visual Arts) (4-05-06) c. BUILDING CODE BOARD OF APPEALS - Two (2) vacancies with four-year terms to 5-04-10 representing the following categories: 1 - Not connected with building industry and 1 - Engineer. DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing written notice on form provided by the Building Official and payment of $265 fee. The board may vary the application of any provisIOn of the Building Code to any particular case where in its opinion the enforcement of the Code would do manifest injustice. and would be contrary to the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of the Building Official should be modified or reversed. The Board must specify the manners, conditions, and reason for the variation. Either party may appeal the Board's decisions to the City Council. COMPOSITION: Seven (7) members appointed by the City Council for four-year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building mdustry, and one member not connected with the building industry. Quorum shall require four (4) members. MEMBERS Bill Alford (Buildmg Industry) *Cliff Atnip (Not conn wlbldg. ind.) Johnny Cotton (Architect) *Ronald Wheaton (Engineer) Philip Skrobarczyk (Gen. Cont.) John Taylor (Building Industry) Don R. Boyd, Jr. (Building Industry) TERMS 5-04-08 5-04-06 5-04-07 5-04-06 5-04-07 5-04-08 5-04-09 ORIGINAL APPTD.DATES 5-11-04 5-17-05 7-27-99 6-11-02 6-28-99 5-11-04 5-17-05 *Seeking reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Cliff Atnip (Not Conn. w/bldg.) 4 Ronald Wheaton (Engineer) 4 NO. PRESENT 3 4 % OF ATTENDANCE LAST TERM YEAR 75% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Mody Boatright Self-employed. Received Master's m Automotive Engineering. Activities include: MechanicaVPlumbing Advisory Board, Leadership Corpus Christi, Corpus Christi Executive Association. (Engineer) (3-03-06) John Kendall President, Kendall Erosion Control Services. Received B.S. in Construction from Indiana State University. Holds a building inspectors certification and Flood Plain Manager certification. Has previously worked as a staff representative to the Building Code Board of Appeals, Board of Adjustment and Building Standards Board. (Not Conn. with Building Industry) (4-11-05) Mary A Moya Human Services Tech., Texas Department of Family and Protective Services. Attended Del Mar College and has a real estate license. Received a Certificate of Appreciation from TXDFP and from Nueces Child Welfare Foundation. (Not conn. with Building Industry) (2-28-05) d. CITIZENS ADVISORY HEALTH BOARD - One (1) vacancies with term to 11-11-08. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three- year terms, five (5) by the Commissioners Court; and one member appointed jointly by the City and the County The board elects its own president and vice president. MEMBERS Amanda Stukenberg (City), Vice Chair ***Maricruz Cantu (City) Rose Caballero (County) Suzzette Chopin (City) Leo Barrera, Jr. (County) VACANT (County) James Chrobocinski (City) Patricia Lynn Crangle (City) Dr Tony Diaz (County) V ACANT (County) .A.raselia Barrera (Joint) (PENDING) TERMS 11-11-06 11-11-08 Non-Expiring 11-11-08 Non-Expiring Non-Expiring 11-11-07 11-11-08 Non-Expiring Non-Expiring 11-11-08 ORIGINAL APPTD. DATES 5-08-01 2-21-06 4-99 2-21-06 4-24-84 2-21-06 2-21-06 11-11-78 2-21-06 ***Resigned INDIVIDUALS EXPRESSING INTEREST Dr. George H. Fisher President, Ear, Nose and Throat Associates. Received M.D. from the University of Alabama Medical School. Certified Commercial and Airline Transport Pilot, Single and Multiengine and Instructor Pilot. Activities include: Director - American Bank, former member of C.C. Yacht Club, YMCA and former Chief of Staff of Driscoll Children's Hospital. (3-30-06) Mariah J. Henderson Co-Owner/Physical Therapist, OPPT, Inc. Received a B.A. in Physical Education and M.A. in Physical Therapy. Co- owner of The Pilates Training Center and Advisory Board member of the Del Mar Physical Therapy Assistant Program. (11-04-04) Laura 1. Herbert Professional Insurance Advisor, Arvak Insurance Group. President of CBARU, President of Delta Gamma, RCIA teacher and member of Easter Star 354. (2-21-05) I ason Dean Sewell Registered Nurse, Corpus Christi Medical Center. Graduate of Del Mar College with an AA in Nursing. Certified in Advanced Cardiac Life Support and Oncology Nursing Society. Interested in being active in the community is a position of his expertise. (2-16-06) Russell Stowers Director Physical Therapist Assistant Program, Del Mar College. Received A.A.S. in Physical Therapy, B.S. in Community Health, M.S. in Education Technology and Ed.D. Graduate 2006. Activities include: American Physical Therapy Association, Texas State Guard/Texas Medical Rangers. Received Leadership and Teaching Excellence Award and 2005 Outstanding Academic Advisor. (1-22-06) e COMMISSION ON CHILDREN AND YOUTH - Six (6) vacancies with terms to 5-31-08 and 5-01- 09 representing the following categories: I - Health, 2 - At Large, 1 - Youth Services, 1 - Legal and 1 - District Attorney's office. 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, Sheriffs 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) *Guy Nickelson (Youth Services) Drew Reining (Education) ***Liana Gonzales (At Large) Penny Grochow (Law Enforcement) *Lauren Ranly (Legal) Caitlin Martin (Youth Rep.) *Coretta Graham (D.A.'s Office) Capt. Vidal De La Cerda (Sheriffs Office) Capt. Tim Wilson (Police Off.) Dr. Philip Rhoades *Seeking reappointment **Resigned 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 ~-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 1-10-06 5-17-05 2-14-06 12-06-95 8-16-94 (NtJte: The Commission on Children and Youth is recommending the reappointment of Vicky Alexander (Health), Miles Toren (At Large), Guy Nickelson (Youth Services), Lauren Ranly (Legal) and Coretta Graham (D..4..'s Office). Coretta Graham was nominated by the District Attorney's office.) A TTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Vicky Alexander (Health) Miles Toren (At Large) Guy Nickelson (Youth Services) Lauren Ranly (Legal) Coretta Graham (D. A. Offi ce) NO. OF MTGS. THIS TERM 8 5 4 8 8 NO. PRESENT 8 4 3 (I excused) 4 (4 excused) 8 % OF ATTENDANCE LAST TERM YEAR 100% 80% 75% 50% 100% (Note: Lauren Ranly's (Legal) absences were excused due to medical reasons.) OTHER INDIVIDUALS EXPRESSING INTEREST Rod Carpenter Pastor, Solid Rock u.P.C. Member of the Corpus Christi Partnership Council and received the Governor's Volunteer Award. (At Large) (5-05-05) Aaron Ci. De La Garza CTE Program Advisor, Corpus Christi Independent School District. Received B.S. in Curriculum and Instructions and M.S. in Administration. Activities include: Texas State Education Association and the Corpus Christi Principals and Supervisors Association. (Youth Services) Charles J. Lee Assistant Principal, Corpus Christi Independent School District Central Park. Received B.S. in Intermediate Studies and M.S. in Education Administration from Texas A & M University Corpus Christi. Activities include: Parent Teacher Organization, ATPE and CCPSA. Received the Teacher of the Year nomination. (Youth Services) (4-17-06) SeSee Munson Broker, Lone Star Business Services. Received Bachelor's degree in Economics from Hollins University and is a licensed Real Estate Agent. Activities include: Leadership Corpus Christi and Junior League of Corpus Christi Executive Board. Received the President's Award for Achievement from c.c. Executive Women International and Outstanding Volunteer Award from the C.c. State School. (At Large) (3-07-06) Guillermo .'Willie" Perez Retired Assistant Principal, CCISD. Received B.S. in English/History, and M.S. in Mid-Management Administration. Activities include: LULAC, GI Forum, Retired Teachers, Leadership Corpus Christi and Disabled Veteran. (At Large) (07-12-05) 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Casco Industries Inc., Pasadena, Texas fbr firefighting clothing consisting of ninety sets of pants and coats, based on only bid, for an estimated annual expenditure of$115,609.50. The term of the 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 Fire Department in FY05-06. ,................................................................................. BACKGROUND: Purpose The firefighting clothing is worn by City Firefighters for protection against fire and heat. Previous Contract: The previous contract was not extended due to reVISIons to specifications. Award Basis: Only Bid The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past ten years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Pasadena, Texas is the exclusive dealer in Texas, representing Globe Firefighters SUItS. Fund ing: Fire Dept. 520040-1020-12010 $115,609.50 Total $115,609.50 ~ FIREFIGHTING CLOTHING CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO Date. 4/13/06 BID TABULATION FIREFIGHTING CLOTHING BI-0132-06 Gasco Industries Pasadena, Texas Unit I Extended Item Description Qty. Price Price Turnout Goat 90 $767.19 $69,047.10 2 Turnout Pant 90 517.36 46,562.40 Manufacturer Globe Total $115,609.50 The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past ten years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Caseo Industries Inc., Pasadena, Texas is the exclusive dealer in Texas. representing Globe Firefighters Suits 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/09/06 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $159,671 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2006 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under an established interlocal agreement and to execute all related documents. B. Ordinance appropriating $159,671 from the U. S. Department of Justice, Bureau of Justice Assistance in the NO.1 061 Police Grant Fund to purchase law enforcement equipment for the Police Department and Nueces County. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment. technology, and other material directly related to basic law enforcement functions REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds PREVIOUS COUNCIL ACTION: Approval to enter into an interlocal agreement with Nueces County and permission to submit the grant on 04/28/06. FUNDING: There is no match required of the grant. Funds are available for a 4-year period beginning 10/01/2005 (the first fiscal year of the appropriation) CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds K. A. Bung Acting Chief of Police Attachments: · Award document from U.S. Department of Justice · Interlocal Agreement with Nueces County 02/28/06 BACKGROUND INFORMATION The JAG funds have been received for 2 years; prior to that they were known as the Law Enforcement Block Grant funds. Since 1999, we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County; each entity filed an application separately and handled financial and performance reporting separately. A disparate allocation occurs when a constituent unit of iocal government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Under the new guidelines, jurisdictions certified as disparate were required to submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds to be distributed to each of the units of local government and the purposes for which the funds will be used. The JAG application process required an interlocal agreement with Nueces County indicating who would serve as the applicant/fiscal agent for the joint funds. The City and County staff met and agreed that the City would serve as the lead agency. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for anyone or more of the following purpose areas: . Law enforcement programs . Prosecution and court programs . Prevention and education programs . Drug treatment programs . Corrections and community corrections programs . Planning, evaluation. and technology improvement programs With this eleventh award, the Law Enforcement Block Grant (LEBG) and JAG program has provided a total of $3,597,601 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, and other police equipment. Any law enforcement or justice Initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. The Police Department will purchase law enforcement equipment to include radars, light bars, and radios. Nueces County funds will provide for a Drug Prosecutor in the District Attorney's Office and the Jail Management System in the Sheriffs Department. . Department of Justice )ftice of J USl1ce Programs Bureau of Justice Assistance (Itnce of.l ",th,' Programs !i.';Jlngroli 1:> ( _1(15 ....priI25, 200' \ilr. George N,)e City of Corpus Christi 1201 Leopard, City l-Iali PO. Box 92T Corpus Chnstl IX 78469-92 '7 Dear Mr. Noe On behalf of Attorney General Albeno Gonzales, 1l IS my pleasure to Inform you that the Office of Justice Programs has approved your application for funding under the FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of$]59,67] for City of Corpus Christi. Enclosed you Will find the Grant Award and Special CondItIons documents. This award is subject to all administrative and financial reqUIrements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings. and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate you have questions regardIng thIS a\<drd. please 'ontact Program Questions. Tim F. Jel'fries, Program Manager at (202) 616-7385; and FinancIal Questions. the Officl' of the Comptroller, Customer Service Center (CSC) at (800) 4 <;R-0786, or vou may c{.ntact the CSC at ask oc@usdoJ.gov ongratulatJons. and we look forward workIng\< ith you SIncerely. /J- \ .--/ Domingo S Herraiz Director, Bureau of Justice Assistance [-:nclosures ,9._ 6C{i Ulll;.;) S GMS APPLICATION NUMBER ~OO &; - F / 5 'to - T'I.. - )).J THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND COUNTY OF NUECES, TEXAS 2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this J8tl' day of FdXl.ltJr}. 2006, by and between the COUNTY of NUECES, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of CORPUS CHRISTI, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Nueces County, State of Texas, witnesseth. WHEREAS, this Agreement is made under the authority of Section 791.011 (a), Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%) of all funds received from the JAG award: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. GMS APPLICATION NUMBER ~OO ~ - ~ / 5 ~ 0 - T'/. - Da- NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%) of JAG funds received from this award Section 2. COUNTY agrees to use the fifty percent (50%) of JAG funds received from CITY under this agreement for the enhancement of law enforcement during its 2006- 2007 fiscal year Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furniShing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. GMS APPLICATION NUMBER ~M0 - ~/5'8:0 -~-D0 ATTEST: ~i'V"-C ~ C ~"-< /"'t~ , Armando Chapa City Secretary APPROVED AS TO FORM: Jose h Harney Assistant City Atto ney Terry Shamsie County Judge ~J' Diana Barrera County Clerk NUECES ~ ') , {\ ~~'~..~~~_?..~... "U I \'Iv, , 'If cgUHCIl.__ 2)2k,1 o~ ............ih:-- SECRnJ,tv ((L- ORDINANCE APPROPRIATING $159,671 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1061 POLICE GRANTS FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT AND NUECES COUNTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SEcnON 1. That $159,671 from the U. S. Department of Justice, Bureau of Justice Assistance is appropriated in the No. 1061 Police Grants Fund for the purchase of law enforcement equipment for the Police Department and Nueces County. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 9th of May, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form~ lILd ~ , 2006 /j~ I~~ Joseph Hanley, Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, l/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, 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 Jerry Garcia John E. Marez BiN Kelly Rex A. Kinnison M.'ody Cooper Jesse Noyola Mark Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/09/06 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $136,380 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $136,380 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. ISSUE: The Office of National Drug Control Policy provides funding each year for the City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative (HIDT A). REQUIRED COUNCIL ACTION: Approval to appropriate funds. PREVIOUS COUNCIL ACTION: The HIDTA grant has been operational for 10 years. Council has appropriated funds each year for the grant. FUNDING: There is no match required by the City. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. fl4 K.A. Bung Acting Chief of Police Attachments: Award documents BACKGROUND INFORMATION The Corpus Christi Police Department is in the tenth year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program analyst, one administrative assistant, overtime for 3 Corpus Christi Police Officers, and lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. Houston HIDT A 15311 Vantage Parkway West, Suite # 286 HoUStOn, TX 77032 Phone' (281) 372-5855 Fa.x (281) 3"""2-5865 To: . HIDT A Award Recipient From: Carol Wilson Fax: Pages: Phone: Date: 4/25/2006 Re: CC: --.-.- . O:munents: Please find enclosed the following documentation: Cir FY2006 Houston HIDT A Award Letter and Cooperntive Agreement err. FY2006 SF424 Application for Federnl Assistance 'This documentation represents the HIDTA funding for your agengls participation in Houston lnitlative( s ) . Please obtain the appropriate signature on ALL documentation. There are numerous places for the responsible signator to sign. Upon obtaining this signature, please return the documentation to: Houston HIDT A Director's Office AnN: Carol M WIlson 15311 Vantage Parkway West Suite # 286 Houston, TX 77032 It states in the Award letter to return the documentation to the Finance Unit - National HIDTA Assistance Center. HO'ire'U?r, in order that the Houston HIDT A Director's may track these awards, please return them to the abo'U?-mentioned address instead of the Finance Unit address in Miami, FL If you have any questions, please feel free to contact me at (281) 372-5855. Carol M WIlson \tv) Financial Manager, Houston HIDTA ..~'\Qi'i,j '.. '."~.""'.c ~: i;~ ... ~!~ ',j.l.~.'~.. '/ ~..;;:: ~ '~_" ._,'" 0, ......-?J - 'l~""" ....:l.'~'/ :)-1'/ . -,,\ EXECUTIVE OFFICE OF THE PRESIDENT OFFKE OF NATIONAL DRUG CONTROL POLlCY Washin~ton. D.C. 20503 March 13, 2006 Acting Chief Brian Uhler Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Actmg Chief Uhler: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number I6PHNP517Z) has been awarded in the amount of $136,380. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston High Intensity Drug Trafficking Area (HIDT A) and approved by the Office of National Drug Control Policy (ONDCP) The original and one copy of the grant agreement, including certain Special Conditions, are enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, resolution of audit findings, and the maintenance of a minimum level of cash-on-hand. Should your organization not adhere to the terms and conditions of this grant, it is subject to termination for cause or other administrative action. If you accept thIS award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Centerc11200 NW 20th Street Suite 100 Miami, FL 33172 (305) 716-3270 Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Jaime Vega at (202) 19:"-6790. Sincerely, ff ff. /~ Joseph D. Keefe Assistant Deputy Director for State and Local Affairs Enclosure ORDINANCE APPROPRIA TJNG $136,380 FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY IN THE NO. 1061 POLICE GRANTS FUND TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TexAS: SecTiON 1. That $136,380 from the Executive Office of the President, Office of National Drug Control Policy is appropriated in the No. 1061 Police Grants Fund to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and dedares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 9th of May, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form Gvl v-J 3 ,2006 J088p/l Ha1J;- I ~ Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, Ilwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, 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 Jerry Garcia John E. Marez BiN Kelly Rex A. Kinnison Mefody Cooper Jesse Noyola Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 9.2006 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Parks and Wildlife in the amount of $125,000 for construction of the Corpus Christi Beach Promenade along Corpus Christi Beach and meeting phase I for a total of .51 miles of beach, with a City match of $15,000 from the Bond 2004 Project and an in kind donation of $10,000 from the Corpus Christi Beach Association. ISSUE: Phase I of the Corpus Christi Beach Promenade was completed in 2004 as part of a grant from the General Land Office's Coastal Management Program. This grant application is to request funding from Texas Parks and Wildlife Departmenfs Recreational Trails Program to continue the remaining phases of the trail. REQUIRED COUNCIL ACTION: Authorization to submit an application to Texas Parks and Wildlife in the amount of $125,000. PRIVIOUS COUNCIL ACTION: NONE CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to submit grant application. Attachments: none Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE IN THE AMOUNT OF $125,000 FOR CONSTRUCTION OF THE CORPUS CHRISTI BEACH PROMENADE ALONG CORPUS CHRISTI BEACH AND MEETING PHASE I FOR A TOTAL OF .51 MILES OF PROMENADE, WITH A CITY MATCH OF $15,000 FROM BOND 2004 PROJECT AND AN IN KIND DONATION OF $10,000 FROM THE CORPUS CHRISTI BEACH ASSOCIATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Texas Parks and Wildlife in the amount of $125,000 for construction of the Corpus Christi Beach Promenade along Corpus Christi Beach and meeting Phase I for a total of .51 miles of Promenade, with a City match of $15,000 from Bond 2004 Project and an in kind donation of $10.000 from the Corpus Christi Beach Association. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of. or terminate the grant, if awarded to the City. ATTEST- CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: 24 April, 2006 ~ Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H. \LEG-DIR\OlgaRlDoyleIResolu. tion\06 .0424DC. T XP&W ild.lifegran tappl. $1 25000.citymatch. $15000 .doc Page 2 of 2 Corpus Christi. Texas _ day of ,2006 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H\LEG-DIR\Olga R\DoylelResolu tion\06. 0424DC. TXP& Wild.lifegran tappl. $125000 .citymatch$15000 . doc 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 9. 2q06 AGeNDA ITEM: Ordinance transferring $1, 141 ,876 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund; and appropriating the $1,141,876 as City required matdling fund8 for the 2005-06 Fiscal Year Senior Community Services Program; and declaring an emergency. ISSUES: The City matching funds for the Senior Community Services Division were approved in the Fiscal Year 2006 budget and must be appropriated in the No.1 067 Parks and Recreation Grants Fund. COUNCIL ACTION: City Council action is required to authorize the expenditure of funds and appropriate City matching funds for the Senior Community Services program. PREVIOUS COUNCIL ACTION: Council approval is required to authorize City matching funds on an annual basis for the continuation of the Senior Community Services Programs including the Elderly Nutrition Program, Retired and Senior Volunteer Program, and Senior Companion Program. FUNDING: Funds were approved in the FY 2006 City Budget. CONCLUSION AND RECOMMENDATION: City Council authorization is requested for the transfer of funds from the No. 1020 General Fund and appropriation of the transferred funds as City matching funds in the No. 1067 Parks and Recreation Grants Fund. Attachments: Background BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through federal and state grants, which contribute 58% towards the total operating budget. These projects include the Elderly Nutrition Program, Retired and Senior Volunteer Program and the Senior Companion Program. The requested appropriation of funds includes the required cash match for the grants received, as well as funds to maintain the current levels of services offered at eight Senior Centers. All congregate and home delivered meals operations are coordinated through the Elderly Nutrition Program. This service provides a fully prepared, well-balanced meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared in the Nutrition Education and Service Center located at the Del Mar College West Campus. We project to serve 150,741 congregate meals and 125,534 home delivered meals this fiscal year and 870 hours of Benefits Counseling service units. Senior center operations offer a comprehensive social services component; recreation/leisure activities; nutrition education; advocacy; health education; community education; special interest classes and physical fitnesslwellness programs. There are 8 designated senior centers located throughout the city. The Retired and Senior Volunteer Program has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the past grant period over 965 enrolled volunteers contributed over 145,359 hours each month through 100 different non-profit, health care proprietary and governmental agencies. The Senior Companion Program (SCP) assists low-income volunteers 60 years and over who are willing to serve as companions to homebound and elderly persons in the community. The Companions assist homebound individuals with daily living tasks, such as meal preparation, respite care, grocery shopping and light housekeeping. Their assistance allows homebound clients to remain in their homes, delaying institutionalization. There are presently 67 Companions providing 66,949 hours of community based services to 71 disabled or homebound clients in Corpus Christi. Page 1 of 2 ORDINANCE TRANSFERRING $1,141,876 FROM THE NO. 1020 GENERAL FUND TO THE NO. 1067 PARKS AND RECREATION GRANT FUND; AND APPROPRIATING THE $1,141,876 AS CITY REQUIRED MATCHING FUNDS FOR THE 2005-06 FISCAL YEAR SENIOR COMMUNITY SERVICES PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $1,141,876 in the No 1020 General Fund Account is hereby transferred to the NO.1 067 Parks and Recreation Grant Fund and is appropriated as City required matching funds for the 2005-06 Fiscal Year Senior Community Services Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this __ day of , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED 4 May 2006 Rr~ Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H IL EG-DIR\Olga R\Ooyle\Ordlnance\06. 0502 DC T ranstr 977692. CityMat chFY0506.SrComm. Srvs. .doc Page 2 of 2 Corpus ChristL 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 ILEG-DIR\OlgaR\DoYIe\Ordinance\060502DCT'ansfr Y77692 CityMatchFY0506 SrComm Srvsdoc 8 AGENDA MEMORANDUM DATE: May 9,2006 SUBJECT: 2006 VELOCITY GAMES AGENDA ITEM: Motion authorizing the temporary closure of Park Street from Northbound Shoreline to Southbound Shoreline from 6:00 A.M. on May 22, 2006 through midnight on May 31, 2006, and waiving the requirements of subsections 49-17 (a) and (b) for the 2006 Velocity Games due to a finding that the event will promote the City and provide sufficient publicity and economic benefit to justify the waiver under section 49-17 (r) of the Code of Ordinances. ISSUE: The 2006 Velocity Games will require the temporary closure of Park Street within the event boundary (See Exhibit "B") and waiver of subsections 49-17 (a) and (b). As a condition of the street closure, section 49-17 (a) requires that all events shall be open to the public and admission shall be free and section 49-17 (b) requires that all profits derived from the event shall be used for charitable purposes. Velocity Games, Inc. has requested that the City Council waive these requirements in accordance with section 49-17 (r), which authorizes City council to waive these requirements if it finds that the 2006 Velocity Games event will promote the City and provide sufficient favorable publicity and economic benefits to justify the waiver. REQUIRED COUNCIL ACTION: Temporary street closures for large public events and waivers authorized by 49-17 (r) require City Council approval. PREVIOUS COUNCIL ACTION: Temporary street closure and waiver was approved last yea r FUNDING: Nt A RECOMMENDATION: Staff recommends approval. ( d; of Engineering Services ~ ,,~ ~itional Support Material 1. Exhibit "A-1" - Restricted Construction Area Location 2. Exhibit "A_2" - Event Layout and Emergency Lane Location 3. Exhibit liB" - Park Street Closure 4. Exhibit "C" - Permit Application \ \ \ \\ '\%\ \ ~ N Ni "r\~I'~I<I<\:-\- ,-- ) '_/~. - _ ,," ~'rI\J~ "'~'-' ~-~~~~--~ McGEE ~H.--" ,I------.~ ~~~~ l~ If) ~ mrm HIHH Wj u~ \~ ~--- i II l IL(~ "'I MEMORIAL .p.rn- ~ COLISEUM r? r -I . ~ .--::==r=--=rUb v-l' ~\ ->.\ '2.\ 0- \ ~. , G )1' ~.. \<' --r \~\- --- / < '-----_/ . -:.;~--- - - - -- , ~-7--~ ) c/// > --~ ~--- ~ "CAUGH^ PARk EVENT BOUNDARY GAMES RESTRICTED CONSTRUCTION AREA VELOCITY KEY: --- I!~;'n.if!~} I t,...ioI',~""'.--:;' T<1<1<1 <1 <1 <1 April 26, 2006 Traffic Engineering Div. Engineering Services Dept LOCATION AREA 2006 VELOCITY GAMES EXHIBIT A-l RESTRICTED CONSTRUCTION SUBJECT ~ -- - - - - ~ \\ -------- 51 ------;;~ ~\l5; ~^ ~p.~' \ ../ ~. N F ~J \ , \ .- \ \ - \ ----' \ "-.-----/ /// (~r\0~ -~- C~~I:" (/ .,_-::-~ '\ \:d.\ '3', 0' \t\ \~ \ \ \~ \\~ \(0\ \ u:> \ I, 7<<-\ \ , \'~.\ , G \ \ '\ =[I]~~ "'-- +-- +-- +-- +-- +-- +-- +-- E III ~ ~~4 "-I \\\L \ _.-- ~.~ \ ~~/'///-;~;~~~\;\O ~\.~____--..-- / "i \ __ 'N _ :::;:.....-- VIP \ /"0 ._---- PARKING \ (--- / /. \ V/ /) L ~-+ McCAUGHiIJ~ PARK ,~t>,~i~~F EVENT BOUNDARY RESTRICTED CONSTRUCTION AREA GAMES VELOCITY KEY: --- ERG - fpfp fpfpJlp fp 26. 2006 Traffic Engineering Div. Engineering Services Dept Apri 2006 VELOCITY GAMES EXHIBIT: "A-2 EVENT LAYOUT AND EMERGENCY LANE LOCATION SUBJECT ~ -- - - - - ~ \ \ \ \ \ ~' \ N \ \ ('"".P"~~(=~ -----~ ,).-. N ,,~~// ~ " -:( \~ \ '" \ 0\ \ cO, ~\ '0\ \t\ \~ II ~\ '---' ~\ PARK AVE TEMPORARVl \)~\ STREET CLOSURE . _ c. '-- ,>- c r""~' ."",,\,~. ; S'..rl fC'..."..... ~ A.:A.' t.-..,._..~, "'IC.-o~____-./",-_" . r .~~ ~J.OJJr ! ':;<:~=?,...2;._- .r,r Ii ,J /1 I . y'\......- ..__,..~O~I ----------- n L... .r--- ~;l:=l... f, "..,--. " 1..--' L... ~~_ MEMORIAL \ U COLISEUM , I' DI l~I-~b \N,,'t.:1< (---" -,-- ..,\ C,\ .~\ \~ \'!l\ . / // 10 \;\.'JQ- - . ..////.. \N.~:--- (-----~? ,."",-~ "j/ "./ , .' /1 <If" '",cCAUGHAN . .~ \ PARK EVENT BOUNDARY TEMPORARY ROAD CLOSURE Apri GAMES VELOCITY KEY --- 26, 2006 Traffic Engineering Div. Engineering Services Dept. McGEE REACH ~~r-- ,-------r!---...... {fy .@ II ~ ~~ ~ ~ f?p1jf!p ~ ~ f!p - - - - ~ 2006 VELOCITY GAMES EXHIBIT B' SUBJECT PARK ST CLOSURE -- - - - - ~~- TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLICA TION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1 Name of Organization Sponsoring Event: 2 Name of Proposed Event: 3 Date of Planned Event 4 Key Contact Individual 5 6 sr;eJ #- 7 List foods and beverages to be served: 8 Services Requested by the City: /J/lo--v-U( 10 Attach a diagram illustrating in detail thll/~ion of booths. stages, restrooms, first-aid stations, etc., that will be included in the event. fyr Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 9 11 Attach an official letter of transmittal requesting approval of the event. Exhibit "C" PermIt to Close Street for Public Events 2 12 In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free: B. All profits derived from the event shall be for charitable causes; C. Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D.* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A" E. * Completion of I ndemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G * Written approval for the temporary street closure must be obtained from (i) one hundred (100) percent of the manaqing tenants or, if the property is vacant. manaaingproperty owners of the property abutting that portion of the street to be closed to vehicular traffic: and (in for the Downtown Manaoement District only (bounded by Lower Broadwav. Interstate 37, Shoreline Boulevard (includinq the marina areas, and Kinney Street), ninety (90%) percent of the managino tenants, or, if the property is vacant. manaqina property owners of the property abutting that portion of the street to be closed to vehicular traffic. H Provide adequate number of restroom facilities to accommodate the anticipated public; 1.* Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers. or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes The final layout of booths shall be approved by the Director of Parks and Recreation L. Provide for potable water within the event site; M. Provide first-aid stations; N. Provide continuous cleaning of the site during the event and return it to pre-event condition after event ends; O. Restore any damaged City property promptly after event ends; P Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-at-way; R No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival-type rides will not be permitted. V Building and Electrical permits for a temporary promotional event, associated constructionand Certificate of Occupancy are required. Permit to Close Street for Public Events 3 * Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: ~~ Event Chairman/Organizer spo&~~r Date Submitted: n ADDITIONAL REQUIREMENTS A Permittee must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department ofInsurance Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance. the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permittee will be promptly met. B Certificate of Insurance '" The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies >I< [fyour insurance company uses the standard ACORD form, the canceUation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of change or cancellation is required. c If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (l )-(8), an authorized representative of the insurance company must include a letter specifically stating whether items] .B. (J )-(8) are included or excluded. III A completed Disclosure of Interest must be submitted with your proposal. Street Closure insurance requirements 9.5..00 ep Risk Mgmt. INDEMNITY AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS COUNT'{ OF NUECE~ s , WHEREAS, Section III of said standards. entitled Procedure and Pennit Requirements, requires a contractor for a pennit to close or block any part of a roadway to file a statement with the director of Engineenng Services Traffic Engineering division indemnifying the City against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit Issued by the City Now, therefore, m consideratIOn for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City said permit applicant agrees to indemnify and save harmless and defend the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities. losses or expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permIt. rhe Contractor, during the tenn of operations specified in this Public Right-of- Way Blockage PermIt, '>V'ill proVIde and maintam at the Contractor's expense a Commercial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit "A". The City of Corpus Christi must be named as Additional Insured on the policy. Evidence of required Illsurance coverage will be by a Certificate of Insurance furnished to the Director of Engineenng Services Traffic Engineering Division prior to the proposed blockage under this permit. .~ Witness my (our) hand(s; this _ / ._/_ day of .~ ~ C Permit A plicant IYddJ~ iJ~ ~ !)t, Event ,2000. EXHIBIT E L !NIYRANQEREQUIBgMENTS A, Lessee must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City. The Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional Insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. I TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE i I I 30-Day written notice of cancellation, non. Bodily Injury and Property Damage i renewal, material change or termination and 10 Per occurrence aggregate I day written notice of cancellation for non payment of premium Is required on all certificates COMMERCIAL GENERAL LIABILITY including: $1.000,000 COMBINED SINGLE LIMIT 1 Commercial Form 2. Premises - Operations 3 Products/ Completed Operations Hazard 4 Contractual Liability 5 Broad Form Property Damage 6 Independent Contractors - Personal Injury LlQUOR LIABILITY 1 Vendors providing and / or selling alcohol $1,000.000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - Owned, Non-owned or rented vehicles I ; Contractors & Subcontractors delivering tents $500,000 COMBINED SINGLE LIMIT stages, bleachers. temporary structures and large items AT A MINIMUM, STATUTORY LIMITS of $20,000/ Lessee workers and vc!unteers $40,000 for BODILY INJURY & $15,000 for PROPERTY , DAMAGE Required if Lessee employs any person other than himself/herself: WORKERS COMPENSpTIOt0 WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH" OF THIS EXHIBIT ! i EMPLOYERS liABILITY $500000 L .- I I ACCIDENT POLICY FOR/OLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON L $10,000 DEATH or DISMEMBERMENT per PERSON C I n the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents withir 10 days of the accident /eloc!t/ Games Ins 'e" 2-16-06 eo Ris~ Mgmt 9 AGENDA MEMORANDUM DATE:Mav 9.2006 SUBJECT: CHRISTUS SPOHN HOSPITAL HEAL TV SYSTEMS THIRD STREET CLOSURE AGENDA ITEM: Motion approving the application from Christus Spohn Hospital Health Systems, to temporarily close Third Street as shown below for required utility, drainage and paving improvements associated with the proposed permanent closure of Third Street from Ayers Street to Elizabeth Street. 1. Third Street between Ayers Street and Elizabeth Street from 9:00 A.M. on May 10, 2006 and continuing for sixty (60) calendar days. ISSUE: Proposed temporary closure of Third Street from Ayers to Elizabeth Street to through traffic beginning May 10, 2006 and continuing for sixty (60) calendar days for required utility, drainage and paving improvements associated with the proposed permanent closure. Northbound traffic around the Spohn Hospital campus will have additional capacity with the opening of the newly constructed lanes on Santa Fe and Etizabeth Streets. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval PREVIOUS COUNCIL ACTION: This project was authorized by City Council as part of the Spohn Hospital Street Reconfiguration Project. FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. /d1:~~ s/f,4-6' Director of Engineering Services Afditional Support Material 1. Exhibit "A" Site Map ...~, \~~i ~~~~_ ~ AYERS ST. CHRISTUS \,,~ '\s \\.~--~ SPOHN PARKING AREA \ N \-~--------~ \ t; \ / \ ~I'\ \ / \ ':A ( \. \ (j) ~ ~ 'J7 ~ rn ~ vJ ~ ~ I I 1 ? PARKING GARAGE JlUGANEJE INS C II t <J /', \\ SURGICARE (;::::1 ? c: ~ c) ~ ~ t T"-"'7-7\ ,/- /,., \(//')~\ --v/ / /./...'.' 'v/// 'l/' --''l - V // '~/// CHRISTUS~/ --\~ SPOHN- - .-.. -- ' :/ M~ICAL PLAZA '/ / , .~~-~//. ,A. ".--- ~ //' /' /}, / , / r . -- //,' (j) '~. ,. / :...\ / -- ~/ \'" //, \/ . // ,/ / / n ~ ',; , - t CHRlSTUS SPlHI CANCEl CENTER (j) ~' ~ 'J7 ~ \r\ ~ , , T t , VIC~NTE I~. JOAN NEIJASLU~~~SqULAR ) , I _-1_ BOOTY ST ? S' -- ", <= c) /' . S\ ~~~~~ /' ,:-:") '--'?) - J t_ v 'Cr 'Cr\ (\ lJ (.Vi JJ I. 01 (j) /,-1 _ J ~ N SCl\LE ~~ T S CHRISTUS SPOHN PAVILION ELIZABETH ST. '-----\\\- \-- \ \ PROJECT LOCATION TEMPOARY FULL STREET CLOSURE \ \ --~----\ \ \ \ , \ L\ \ \ -----\, \--- _ ~lL KEY I272J - TEMPOARY 1/2 STREET CLOSURE .. - TRAVEL LANE OPEN TO TRAFFIC /' \ \ .---- \ \ '\ - SITE PLAN - = -- - - - - EXHIBIT "A" SUBJECT' 3RD ST. TEMPOARY FULL STREET CLOSURE BETWEEN AYERS ST. AND ELIZABETH ST. ~ Traffic Engineering Div. Engineering Services Dept. 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract with RAM Ter.baologies. Inc. of Fort Washington, PA in the amount of $82,790, for a total re-stated fee of $459, 190, for contract management and technical services necessary for implementation of Phase I of the citywide Automated Meter Reading (AMR) project. City Council Action Date: 5/09/06 ISSUE: RAM Technologies, Inc. (RAM) completed the initial phases (developing the AMR approach, m8n~ vendor solicitation and selection, pilot implementation) of this initiative and is cWTently engaged in maJ1ag;ng the efforts aDd parties of the AMR Year 1 Expansion. The original cootract was submitted and approved with the UDderstanding that the City should conduct a site survey in the Year I Expansion area. The purpose for the survey was to confirm the meter inventory requirements as well as identify any needed infrastructure work. Because of the excessive cost involved, the City decided not to conduct the survey for the Year I area, but to utilize the data and statistics gathered during the pilot program as a guide. As a result of this decision, RAM bas been required to expend significant hours assembling and maintaining meter inventories so as to detennine the I'Clplacement needs for the Year 1 build-out. Additionally, RAM has applied additional homs working with the City to coordinate and confirm project budgets for the current and remaining project expansion years at the rcque&t of the City. Though the contract must be amended, the added cost is still less than the cost of the survey, which was estimated to be approximately $116,610 for Year 1 expansion area, and over $650,000 for the entire 5 year build-out area. REQUIRED COUNCIL ACTION: Council approval of motion amending the contract with RAM Technologies. PREVIOUS COUNCIL ACTION: · City Council approved a contract with RAM Technologies, Inc. of Fort Washington. PA for contract management and technical services necessary for implementation of Phase 1 of the citywide Automated Meter Reading (AMR) project. FUNDING: Funds for this project are available from the FY2004-2005 Utilities Capital Improvement Budgets. CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the motion authorizing the City Manager or his designee to execute Amendment No.1 to the Contract with RAM Technologies, Inc. of Fort Washington, PA in the amount of $12,790, for a total re-stated fee of $459,190, for contract management and technical services necessary for implementation of Phase I of the citywide Automated Meter Reading (AMR) project, ~ O~ Cindy O'Bri:}; Director of Financial Services A1lIcIIment: Amendment No.1 to the Contract with RAM Technologies, Inc. of Fort Washington, PA. Amendment NO.1 to Contract between RAM Technologies, Inc. and City of Corpus Christi, Texas regarding Automated Meter Reading System Year 1 Expansion Whereas, the City of Corpus Christl ("City") and RAM Technologies, Inc. ("Consultant") executed a Contract regarding Automated Meter Reading System authorized by City Council on August 23. 2005 in Motion 2005-279 ("Agreement"); Now, therefore, the parties agree to amend the Agreement to expand the scope of services as follows 1 City has engaged Consultant to provide services in connection with City's project, described as Automated Meter Reading System Year 1 Expansion. 2. Scope of Work Consultant shall provide additional services for the project in accordance with the attached Exhibit A. Management and Technical Services Proposal Phase II-Year 1 System Expansion-Proposal Amendment. 3. Fee. The City agrees to pay Consultant for services provided in accordance with Exhibit A, an additional fee not to exceed $82,790.00 (in figures), (Eighty-two thousand seven hundred ninety and no/xx dollars) (in words) for a restated total fee of $459,190 (in figures), (Four hundred fifty-nine thousand one hundred ninety dollars) (in words). 4. This Amendment NO.1 takes effect upon execution by the City Manager. 5. All other terms and conditions of the Agreement remain unchanged. Agreed to by: CITY OF CORPUS CHRISTI By: _._ George K Noe, City Manager Date: Attest: By: Armando Chapa, City Secretary ! . J '?-oo J. Approved ~s to form:n Ivl~ T, By: ....A.'........ 'J Lisa Aguilar, A si tant City Attorney for City Attorney RAM TECHNOLOGIES, INC. By: id.L(A t:-() /fAL__ Robert A. Tulio ' Title: President Date: I{ !?C!Z60b Management and Technical Services Proposal For The City of Corpus Christi Automated Meter Reading System Year 1Expansion Phase 11- Year 1 System Expansion - Proposal Amendment PRESENTED BY RAM Technologies, Inc. Revised_ v2 April 20, 2006 City of Corpus Christi -: AMR Year 1 Expansion Proposal Amendment T able of Contents 1.0 INTRODUCTION ................................... ............................. ............... ........................4 2.0 EXECUTIVE SUMMARy...................................................... .......... ........... ..... ...........5 3.0 PROJECT DEFINITION - AMR SYSTEM YEAR 1 EXPANSION .............................6 4.0 PROJECT RESOURCES, DURATION AND COSTS ...............................................7 5.0 PROJECT REQUiREMENTS............. .... ................................ ....... .............. ..............9 6.0 l'ERMS AND CONDITIONS ...... ....... ................................... ......................................9 I Technologies, Inc. Confidential Proposal 3 City of Corpus Christi - AMR Year 1 Expansion Proposal Amendment 1.0 Introduction 1.1 Purpose This document is being submitted as a proposal amendment to expand the existing contract of RAM Technologies, Inc. for additional consulting services and hours. These services and hours are in addition to the previous proposal for Management and Technical Services accepted by the City of Corpus Christi in July 2005. The original proposal was submitted with the understanding that a Site Survey would be performed in the field for all areas of the City to be converted to AMR. The City of Corpus Christi subsequently decided not to perform a site survey and has initiated the Year 1 Expansion phase of the AMR build out RAM Technologies recommended that the City of Corpus Christi should conduct a Site Survey in the upcoming AMR expansion areas as was done prior to implementing the AMR pilot. A survey provides many advantages to the project - most notably a survey confirms meter inventory requirements for the project as well as identifying any infrastructure work needed in the field. As a result of not performing the survey RAM has expended significant project hours assembling and maintaining meter inventories - as opposed to determining the actual quantities, sizes and types via a survey in the field. In addition, RAM has also applied a substantial quantity of hours working with the City to coordinate and confirm project budgets and CIP allocations for the current and remaining project expansion years. We appreciate the opportunity to provide you with this proposal, and look forward to working with the City of Corpus Christi on this important project. If further clarification of the information contained in this document is needed, please do not hesitate to contact us. I Technologies. Inc. Confidential Proposal 4 ~itv of Corpus Christi - AMR Year 1 Expansion Proposal Amendment ~.Q.. Exe_~u_ti~e. Summary _._.________.... RAM Technologies, Inc. (RAM) is pleased to provide this technical services proposal amendment to the City of Corpus Christi. RAM has completed the initial phases (developing the AMR approach, managing vendor solicitation and selection, pilot implementation) of this initiative and is actively engaged in managing the efforts and parties in the AMR Year 1 Expansion on behalf of the City of Corpus Christi (City). RAM is submitting thiS proposal as an amendment to accommodate expanded work efforts related to the Year 1 AMR Expansion in lieu of a site survey. 1 Technologies. Inc. Confidential Proposal 5 City of Corpus Christi - AMR Year 1 Expansion Proposal Amendment 3.Q~roje~~Defi!lition - A~~_~~~tem YeCir 1 Expansion 3.1 Scope of Services Following are the summary level services that are required in support of the Corpus Christi AMR system expansion for the year 1 build- JUt. As you will see I have left the field survey references in this amendment as submitted in the original proposal. A. Assemble and maintain water and gas meter inventories and prepare ordering quantities and schedules for the Utilities from which meters (water and gas) will be purchased (based on what is found in the field and deployed from stock). · Define and maintain AMR meter inventory requirements (with City and vendor) and prepare ordering quantities and schedules for water meters and registers to accommodate AMR (initially thought would be derived from field site survey) · Define and maintain AMR meter inventory requirements (with City and vendor) and prepare ordering quantities and schedules for gas meters and indexes to accommodate AMR (initially thought would be derived from field site survey) · Define and maintain requirements for water meter vendors related to potting of meter registers vs. potting of "pig tails" (initially thought would be derived from field site survey) · Define and maintain requirements for Hexagram Meter Transmission Units (MTUs) single and dual port to maximize AMR coverage while reducing individual unit costs AMR (initially thought would be derived from field site survey) · Coordinate and confirm project budgets and CIP allocations for the current and remaining project expansion years - as a result of actual AMR installations and infrastructure work efforts I Technologies, Inc. Confidential Proposal 6 Expansion Proposal Amendment continuity. 4._:Q_~r.oject Resour_~~~! RAM will maintain AMR project resource assignments In order to Insure project - AMR Year 1 Ci of Corpus Christi Duration and Costs the to support requirements necessary management The table below represents a summary level breakdown of the additional project completion of the AMR Year 1 Expansion. Define and maintain AMR meter inventory requirements (with City and vendor) and prepare ordering quantities and schedules for water meters and registers to accommodate AMR Define and maintain AMR meter inventory requirements (with City and vendor) and prepare ordering quantities and schedules for gas meters and indexes to accommodate AMR Define and maintain requirements for water meter vendors related to potting of meter registers vs. potting of "pig tails" Define and maintain requirements for Hexagram Meter Transmission Units (MTUs) single and dual port to maximize AMR coverage while reducing individual unit costs AMR Coordinate and maintain infrastructure ''work lists" between vendor and Water and Gas Departments for remediation work identified in the field during AMR site conversions. of Coordinate and confirm project budgets and CIP allocations for the current and remaining project expansion years - as a result - - 7 Proposal :hnologies, Inc. Expansion Proposal Amendment , , I I I ~ Tot.1 I I I t_n "---- ~--i 414 , $82,790 I I I 9 of Corpus Christi - AMR Year 1 actual AMR installations and infrastructure work efforts ~~ I f-~~ I ----- No g, , .nc. has experienced an aggregated 37.5% increase in hours expended over original projections predicated on a site survey being completed prior to implementing AMR In the field for the Year 1 Expansion areas. Above costs represent a 22% increase to the original proposed cost estimate for year 1 (8/24/2005 - 7/31/2006). 8 Proposal ;hnologies, Inc. City of Corpus Christi - AMR Year 1 Expansion Proposal Amendment 5.0 Proje~~R~q~!rertl.nts Due to the important nature of this project and desired timeline, it is required that RAM have timely access to the City of Corpus Christi's pertinent documentation and personnel to complete this effort. 6.0 Terms and Conditions It is understood that any significant changes in the scope of these efforts may result in an adjustment to the fees stated in Section 4.0, to reflect a lower or higher fee depending upon the circumstances. Project Assumptions from Original Proposal Submitted in June 2005 1, Project will initiate in August or September 2005 and continue for a 12 month period 2. New Hexagram NCC server will be installed and functioning in a production mode to accommodate the system expansion prior to initiating year 1 build-out 3. PMO will oversee all work efforts and intersecting project activities 4. CC resource requirements are in addition to the proposed RAM resources 5. Meter inventory and site survey information for meters included in the Year 1 build-out will be readily available to the project team prior to initiating the Year 1 build-out 6 Metering components will be readily available in volumes to support AMR pilot requirements 7 Vendor MTU and DCU components will be readily available in volumes to support AMR pilot requirements 8 WiFi will be deployed in throughout the areas containing Year 1 build-out accounts prior to the installation of AMR devices in the field 9, Full system expansion is desired over a five (5) year period 10. Project management requirements over the five (5) year expansion period will reduce annually 11. Work will be performed on a Time & Materials basis (against best estimates) 1 Technologies. Inc. Proposal 9 11 AGENDA MEMORANDUM May 9,2006 AGENDA ITEM: Motion authorizi ng the City Manager to execute a Deferment Agreement with Porto Villageo No.1, LTD., a Texas Limited Partnership, (Developer), in the amount of $372,762.70 for the installation of street paving, curb, gutter and sidewalks public improvements to serve Porto Villageo Subdivision, located between State Highway 361 and the Gulf of Mexico and south of Mustang Island Estates Drive, in accordance with the Platting Ordinance section V- Required Improvements, Subsection A.3 (b). ISSUE: Mr. DeAngelo with Urban Engineering on behalf of Porto Villageo No.1, LTD., a Texas Limited Partnership, developer of Porto Villageo, submitted deferment agreement documentation to defer the construction of street paving, curb, gutter and sidewalks public improvements to serve said subdivision in accordance with the Platting Ordinance, Section V..Required Improvements, Subsection A. 3. (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Porto Villageo No. 1, LTD., a Texas Limited Partnership (Developer). CONDITION: Developer must deposit a letter of credit or equally liquid negotiable security with the City of Corpus Christi in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. opment Services Attachments: Exhibit A Background Information Exhibit B Location Map Exhibit C Deferred Improvements Exhibit 0 Cost Estimates Exhibit E Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Porto Villageo, located between State Highway 361 and the Gulf of Mexico and south of Mustang Estates Drive, required the construction of street pavement public improvements. Mr. DeAngelo, with Urban Engineering on behalf of Porto Villageo No. 1, LTD., a Texas Limited Partnership, owner and developer of Porto Villageo submitted deferment agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance. The Planning Commission at its December 14, 2005 meeting approved the plat for Porto Villageo. On February 22, 2006, the Planning Commission recommended the execution of the Deferment Agreement and found reasonable cause to delay the requirement to complete 75% of the required public improvements to expedite the recordation of the plat. A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and Porto Villageo No.1, LTD., will allow the developer to defer the construction of required improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved by the City Council. The deferment of the improvements will allow the Developer to expedite the recording of the plat and obtain building permits. The developer has agreed to deposit $372,762.70 in the form of a check, which is 110% of the estimated cost of constructing the required improvements (Exhibit C), in compliance with the Platting Ordinance. Construction plans for the deferred public improvements were reviewed and approved. Construction is underway at this time and the construction of storm water infrastructure has been completed RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A GULF OF MEXICO // r- - --- ---...r=-~I 1 I I '_--I I ! i :I~; 'I i --J._n_..L___--lliU n'__ 361 HIGHWA MEXICO OF GULF '" LOCATION MAP N.T.S 'gURSA ENGINEERING "- COItfIIUI CHRtSTl. lDAS ~=---::---~~ EXHIBIT B ~ ~ == l-l c= l-l ~ 0:; 0) -, r~' ~~? .~C;' T~~ Trott ;~7 ~V'9to"'~ l.lond S!ctlN '/oL ~4, 1:9' '5{i- '~1. ~~c-:.rdtt ()f ~II.J~C~~ Counh L 4 \El ,'13 ZONt ~\,~~ 'i\\ '0 ! i "' It ,j " \ ... L fl'. .., ,--C ~ (F.L ..r~ i.f)~lE // (I) ~~:F ",./'/" / ___;~,~?.eL.:;~' -"'lIO'-'~ ./ ,/=-~-' /~ ,Y \ // // ... ,'/~r'''' . , \ \ ',,- ~\J ' II - ~- --, ~--- "'~" ~~~"~ ~"01f,"-"~~aio \ or<: ':'~~ \ ~' .\ W~'i.lwol.loI'-~' t'\t_ l,~.. I"WJ .~~ r:', \ \ \ \ \ \ ~'-~ \ -, ~l - \ !~~; ~~~~-~--~~ :'.;L_~~~ ., B "'/1 3 (El '~~.",.,. \.~ -", ~~-- '0 " '" 1 t " ~ J --_ ,." 1..." i,,_ ~ _ I!il!l ...... ZO'J[ ,~ '7'- / -.)'-., , ~---~., : I .~. I I ,~~~~" J ':~ ,~~ ' ~l~,1 - ,,' J'\ J ---.' 'I' / r--__ ' -/T I I ---.-trr. I ' , ), I I" .....~-.:r::..:::1~ ~. 2' i f I ~ " 1"'",- '." I /,~ I ,~, .'" ' '>t ,'J __ofJ' I ,,0 '}JlI ,8 1.-''--- 1/ '1'< I I lli '1 ~ . _ , ~--'::"1_ =-_-:.::L J~-=:>'- , ~- ':l ZONE r-"i (Er\" ,5 ", _..- -- --. 'j61r - ~- ,._~--~... '...~t.'\. -- -"-"-. _.::....- - I _ -l. _ "1'- - I I . 'D. /"f"'1I ' f,; 'Itl I,. ," " I ;3 , I l._ r- - EXHIBIT C - PAvtKi ~ FOR PORlO~GEO COFFUSCfils1l. TEXAS ~ ~ = ~ Cd ~ ~ n Eng: Jim Urben By DDR EXHIBIT A DERFERMENT ESTIMATE FOR PAVING IMPROVEMENTS PORTO VILLAGEO Feb. 3,2006 Job No. 40002.00.03 i (JUAN. + i UNIT QUAN. I ]0./.. I UNIT I PRICE 7,927r------8720Isy -- : $ --= -:::~~I. l~:~~~ II~; n i ~ - 20,0501- 22,055 SF ! $ ] , ] \ LS : $ ~_u_._ ..,. ) iLS i $ ---1---- .. I I DEFERMENT ITEMS SUB-TOTAL: I I I i ENGINEERING FEE @ 7.5%: I I TOTAL ESTIMATED DEFERMENT: [ I I I -+ --- I -+-- -.-_---1--. ; --.-..---.- .----- ------t-n .. --f---- I - .-.,- .- -- -- .n._ -1- --+._.n_ .---~- ==-~~=--=-==~=t *' -- .--- _n._. --- --- .---.-1-.- __,_"_'_~ -___ _ .~-_,.____._.._____ L _ _ _ I - ___n_ __ - ___+ _ _ _ ---- -- -- ----- + - I ---t-- >=- :-:-: ---==:- - - --l~--T- - --"~--- - ------,,--- ---1'- --===t== I -..-. .. ...-- --"'--------- ._---- -~"". ! -- ! -.--..---.----~ --~---- - ----,--- __ _ __.__".._._...J.- .---+-____ ! ITEM I DESCRlYfION A. PAVING IMPROVEMENTS . f--- -.--- -1-- J i] w' HMA C Including Prime Coat .. 2"!6" Soil Cement wIT' Crushed Concrete I---+-- .-----.-- 3 16" 'L' Curb 4-t4;- Concrete Sjd~waIk------ - _n_______ ,~.....'.,~ !Pavement Repair (2' Wide Paving Tief~ ~= 6 124"x60' RCP Entrance Culven 9.00 9.00 ]5.00 4.00 ],170.00 8,600.00 .... . --.--- --1- - -- .. ,.. --O' _ ------1.-~___ . -- 1--- ..-..- I-- ---.. .- .--.-----. I-- --. - I - -- -. -- I I I I -.,... .-.----....... -- -- .. - -- - --. i I I I I i I i ! , i i I I ! , , I ___,_, __...L.....--._ ! __ ___ n_.. _.,. _ .-...-- ---- ,. I ----- ---!--- -. -- ---- - ----- - ---_.. _.~ .--. --- _.~. i ----- , ; I --+--. -. -- -.------ Urban Engineering 2725 Swantner Corpus Christi, Texas 78404 1-361-854-3101 EXHIBIT D TOTAL COST $78,480.00 $93,77 J.()() $76,515.00 $88,220.00 $1,170.00 $8,600.00 $346,756.00 $26,006.70 $372,762.70 DEFERMENT AGREEMENT STATE OF TEXAS fi fi COUNTY OF NUECES fi This Agreement is entered into between the City of Corpus Christi, a Texas home rule municipality, 1201 leopard Street, Corpus Christi, Texas 78401 (hereinafter "City") and Porto Villageo No, 1, LTD., a Texas limited Partnership (hereinafter "Developer"). WHEREAS, Developer in compliance with the City's Platting Ordinance, has filed a plat to develop a tract of land Porto Villageo (herein called "Development"); WHEREAS, the plat of Porto Villageo, (Exhibit 1), approved by the Planning Commission on December 14, 2005 provides for the construction street pavement, curb, gutter and sidewalks public improvements; WHEREAS, the Platting Ordinance, Section III, Paragraph H, Subparagraph 5, requires Developer to construct seventy-five percent (75%) of the required on-site, public improvements, including construction of street pavement, curb, gutter and sidewalks, Exhibit 2, prior to the time the above said plat of the Development is filed for record; WHEREAS, Developer agrees to construct on-site infrastructure and related site improvements in accordance with the City approved construction plans and specifications; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the improvements required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit the sum of Three-Hundred Seventy-two Thousand, Seven-Hundred Sixty-two and 70/100 Dollars ($372,762.70), which is 110% of the estimated cost of constructing the deferred improvements, as shown on the costs estimate, which is attached hereto and incorporated herein as Exhibit 3, with the CITY OF CORPUS CHRISTI; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements including, construction of storm water lines, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V, Paragraph A, Subparagraph 3. (b) of the Platting Ordinance. Deferment Agreement cash version.doc EXHIBIT E NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to waive the requirement that required improvements be seventy-five percent (75%) complete before the final plat is endorsed by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the required improvements, including construction of the of street pavement, curb, gutter and sidewalks as shown in Exhibit 2, (hereinafter "deferred improvements"), for up to one (1) year from the date this Deferment Agreement is approved. 2. The Developer agrees to deposit Three-Hundred Seventy-two Thousand, Seven- Hundred Sixty-two and 70/100 Dollars ($372,762.70) check, with the CITY OF CORPUS CHRISTI, which is 110% of the estimated cost of constructing the required improvements, as shown on Exhibit 3, which is attached an incorporated into this Agreement. Said check, shall be deposited with the City of Corpus Christi before the beginning of the City Council meeting to be held on May 9,2006. Failure of Developer to deposit said check as set forth herein shall make this Agreement null and void. A copy of the check is attached and incorporated as Exhibit 4. 3. The Developer agrees to construct the deferred improvements, including construction of street pavement, curb, gutter and sidewalks public improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by May 9,2007, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Porto Villaaeo No.1. L TO.. a Texas Limited Partnership 703 Osuna Rd. NE Suite 6 Albuaueraue. NM 87113 and thereafter refund to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. 5. If the deferred improvements have not been completed by May 9,2007, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 7 below, the City will withdraw and transfer the balance of the amounts received, including any interest earned. to the appropriate City fund and the City will then begin Oefennent Agreement cash verslon.doc completion of the deferred improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If the City constructs all or any part of the deferred improvements, the Developer agrees to reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete the deferred improvements, within thirty (30) days after City completes the deferred improvements and bills the Developer. 6, The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the deferred improvements the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts _ 8, The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable, 9. The Developer covenants to construct the deferred improvements, and that such covenant shall be a covenant running with the land. 10. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 11. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 12. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted Deferment Agreement cash verslon.doc opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 13. This Agreement shall be construed under and in accordance with the laws of the State of Texas. All obligations of the parties created hereunder are performable in Nueces County, Texas. Any and all lawsuits pursuant hereto shall be brought in Nueces County, Texas. 14. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No, 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 15, This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Deferment Agreement cash version.doc EXECUTED in triplicate this J8tL day of A-/t:..! '-' , ,2006. D McCall Porto Villageo No.1, LTD., a Texas Limited Partnership ("Developer") 703 Osuna Rd. NE Suite 6 Albuquerque, NM 87113 By: ~,-~(" ~ l..El.U ~I(!D STATE OF TeXAS 9 ~L.i u..c 9 COUNTY OF--NUECeS 9 nus instrument was acknowledged before me on the ~rt- day of A Pf?.l'~ , 2006, by D. /h~ell '-L- , in the capacity herein stated and as the act and deed of said entity. 8GfRCW. $EN- lmtI. YOUNGBlOOD _..._tF__ .... ..__ ps-llJSi~6 =~~CAAS . Ne:~ ,L<e)(.1 ao DetermenCAgreement_cash_verslon(2] CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST' By: ARMANDO CHAPA, City Secretary THE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 By: GEORGE K. NOE City Manager This instrument was acknowledged before me on the day of , 2006, by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This 4/!1 day of IYJLL-t By {}ffltf.J. ~ .J Ga 8m Assistant City Attorney For the City Attorney ,2006. Deferment_Agreement_ cash _ version(2] ,-.., N ~ = ~ ~ n I I 11 I t>IJ "!I ~ 11;1 I I ; I'~ I ~ '-.-I 11a 11 J \ 11 ! n J i ~ I!h I , i~J~ i J i ~ It I 11 1 t ~ II Ii ! I = i j I iJ :: .tt J 1 ll11 1 ~ == '\ t I'll I I ~ I. I ! ~ ~ ,Hh b i I,ll I . ~ ~--1 , 11 ~I II. rt'l I lj i I,ll! i ,Jill It ~ ~ d 11 11 111 J~fl Il ! I !! rrljt J It f ~I " I 1),1 11 · JI 11, I I JI u I · J! m1i !l J I !p I 11 t; 11 11 If tlill t -IJ it:1 ~ "I 111 J~ I I it I J! II I I d I ~ 11 ul I - !fl 'LIt c ,i". ~ "~l~ I '~ :::,. 1 .1..- ~ $ I ~l' ~ c "!tA ~ !!IH ihu .'.."......,.........,', . . . . : : , ' , . _. ....h '" ........ I ~ U l h;~ ~ii t I ~ 8 "11 ~ hI)' 11 1 ,1A 11 ~.[; 11 1 ; .o81! I ~z 2 11 ! II t~ 1 li 1 Ji i1nlll 11 I 11 1:1 ~ :l Ii ~ 5J I 11 11 I h& J~ ! ta .0 I It I U It,! iJ I!i t'll ~ 11 i 11 " 1111 : J." IS,; I J t tl !IJ1,! I!! flj) J Jl ; :f Ul\ ih { !! (!Ji i !!l I ~; 1~ it;.. t !l I~dl I !l' I ! 111 ~liJ III I 3. ~a: ! ! ~ :-;':1 7' ;:; ~ ;;;- , lii~ J1Ztt :1111 J hili . 'u J!'ll tJltl1 Ie I ffJ~f 11 ~ ~ )1 t f jl f~1 J I j 11 il1et I! iflll( : ~ i 'Ii J I i J I 'I ~ .. it I ~ 11 ' J. i JII~ I · ~! ii.1 : EXHIBIT 1 (Page 1 of 2) I1III III I III I !il i~!i~~iii:~~~~~~!~~. ~ . ~.~....~ .......... .~ 111....'..1111..111 ~ r ~. ~. ~ liif~~~~j~iii~~~~~~~!~! ~Iiiliiii~!iiii!i~iiiiij "" , ..,....... .. 'i.. ......... ',,!'..nnlll ... .... .u. ......III U~~d~~I~~~~I_ / t I ~ U 1!1 ~I;il I I or. If,. It 11 [I I J ~li II I i~ ; if ' 11 ~ r It J', ;C~I II I ':1 '1 " ~ 'I ! II , t It! I. I J . I II Illlii" if !j ('11111 I III' t r : Ii I J J=' J I ;, .tJ] ,I I iJ flfl I Jl IIIJ I ,s III ( · ell J: ill; 111 j! !Ii I i~ It if I' I lit t "I I::, I "I' J .. .II', I I)" riit: 1. '~:i , ,,;:: " ~ __N . \ ~ ! <- : .. ~ -' ., .. ~... . ; ~~ __.. ___ _ _, __L ,___ ~~.T._~ __ __ _,.i.-=-. _'__' __,...u - !fl 'I,J~ c 'Ia,i u 'lJ:t ....~1... ~ ~ J ..If ~ '!J.ra , ~ lalU ~ ihii . ! J~ . !~ I ! ! -- M ~ => M ~ t>J) = ~ '--'" ~ ~ ~ $ == ~ ~ EXHIBIT 1 (Page 2 of 2) " .: ':! /\ \, , \, \ 1 ~....." I , ~, I I \ -~, t '<~~J T~ ;\, I 1- I ~\ I I J ...~ ~ ~ ......\, // , \o! S ,-"} " \ \ /\ c/~, G ,~ " -' .&Y"" "..." ~;- !' ~y. 0" ./'.... ~':f ~~~ ~v.*'o :~-1l ~.S' ,,~ _.J!.ljIo.~ 1....~ ~.-'C ~"'~ :2 .~ 1~ '" ~I! .\ ',.~.". 'I.~. ...., ':"~:" . . . ". "'.' w ~ i // f/ ! //~ 1/ 11 ///- /,/" .. ~ 1, ,,/ ..,.-/ I , I / 'I 1 I "1 . , :'1 1 'I j I ~ 1 ,1 ~~ ~t' I; ~t t t I N ~ to '" ? , ,r/ [/ i I I I I f 1 :.-- 1 I ~ 11 i ~! l}" g f/A~ ~ ;'~I ~/ ..../ / I e !t <:> to;;; / I ~- t'" / / iI " If --------'''i. , I i I .-, :;. j' 1 - I J i /~ "I';': - ! 1 I 1 'k r ; I , .I ... t .~ .., i j : ~ N ~ ~ ~ 53 ~ ~ m :~ :~,(t)~; -...m." ' . :-~ ... . ~ '. '. "i' '" ':'.,.,,~ . ... . -. ..' . -'. .. I',....' .."..,,:.:"..1,' . '-. . ~ . . .> , "':';",:':-,'i.I:'~::',~',I'''':: ,-. " .... . . . . -.,' "'1": ..", : .. .... .r.'. "', . ,: :~::'a..': . << a. ", . ~,"-"'wr....:;:' , .-"'" EXHIBIT 2 EXHIBIT A DERFERMENT ESTIMATE FOR PAVING IMPROVEMENTS PORTO VllLAGEO Eng: Jim Urban By: DDR ITEM I DESCRIPTION A. PAVING JMPltOVEMENTS ___] !] Y:i" HMAC lncJudin~ Prime Coat 2 16" Soil Cement w(2" Crushed Concrete 3 6"' tV Cwb 4 4' CODCrete Sidewalk 5 PaveQIeIJI Repair (2' Wide Paving Tie) 6 124"x60' RCP Entrance Culvert -- , I I QUAN. I J---- I I -r-----.- I Th I -.'.--+--- I i I I -+- ---- _. -----.-- I ! -~-- I ,---,----. --'--1--- -,--- -.-',,------,'--, -- --r----- :--:i==- =-:-==-~ =t.== =~=_1-_____ ~-===-== +_, ~l~i -L ..:~~ ....-JC ----1---------------- ----j--- :- f- ..=~ - .. --=---~~~-- -------t-.-- -_. ----- -- -- --- 1-------- + -- ----.-, --' ----.-"- -- ,- --- -- I , ------.---- .--,------- - i----'- ._..",<-_..__...,,+-~ '-_._....__"_' -."___"___'_"__", _" ----...L_______ , -_.~----- -------i--.--. ------.--.''t : ; . : ! -<, -.-- - --.----- "..._, , i ,--~---_. i i 1------, I --L i Feb. 3,2006 Job No. <40002.00.03 " , 7,927 9,472 4,637 20,050 ] I ] t.,l11.&N. + I i uJ"Iin I JO./. I I TOTAL COST I UNIT I PRICE I 8720 SY Is 9.00 $78,480.00 10,4] 9 SY !$ 9.00 $93,771.00 5,10) LF Is ]5.00 $76.5) 5.00 22,055 SF 1$ 4.00 $88.220.00 ] LS 1$ 1,170.00 $1,170.00 ] LS 1$ 8,600.00 $8,600.00 I DEFERMENT ITEMS SUB-TOTAL: $346,756.00 I I i ENGINEERING FEE @ 7.5%: $26,006.70 I I TOT AL ESTIMATED DEFERMENT: $372,762.70 i .~-------._..- , , I I ____, I , , i I ! ----r- I - i I i ! i I I I I I ! Urban Engineering 2725 Swantner Corpus Christi, Texas 78404 1-361-854.3101 RXHTBIT 3 1-- 1007 , PORTO VILa-AGEOltO.1 L TD ~ 15305 ToaruGA-eOURT 3O-91i140 i CORPUS CHflISTI, '" "'... 'l),re ~~ .. I 'P tfi' fi ~ /1., '. , '.-.,.-,;..;..'';'''-. ---,' d,';,er,O,;.<-,rr. V 0".,'".::. t'?,,'~.',_~......... .s {J'(, ,e;~l ,,". ,.' "I.,a;.,.,r,_!,.,~,I,...,,~,.,..~,..,~,.. t:Y€ #l7J.JIJ~_ ~r~ 1iIot:JS1~~~VIl~ ~f, ..'::=: ~,,'~ FtastNatlooa1 Bank ~~,~ Co~~ti,TriiSi8403-' . _1.\~. ......w.frosrbank.cOm Fo~CI<UZJ ~~ ~i!'~ '-0 .- .- A'...'. .~-<.,..>"..~..,,: .'. ". . ~.......... ...':'~~ 4# EXHIBIT ~4 ft CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered, If the question is not applicable, answer with "NA" FIRM NAME STREET: Porto Villaaeo No.1. L TO.. a Texas Limited Partnership 703 Osuna Rd. NE Suite 6 CITY: AlbUQuerQue ZIP: 87113 4. Association _ FIRM Is: 1 Corporation ___ 2 Partnership X 5 Other 3, Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. state the names of each "employee" of the City of Corpus Christi having an "ownership interest" con.ituting 3% or more of the ownership in the above named "flnn". Name Job Title and City Department (if known) NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" COnMituting 3% or more of the ownership in the above named "finn". Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" con.ituting 3% or more of the ownership In the above named "flnn". Name Board, Commission or Committee NONE 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3010 or more of the ownership in the above named "firm". Name Consultant NONE CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas 8S changes occur, Certifying Person: o McCall Title: PSJrtner (Type or Print) Signature of Certifying Person:_. Q~~ c ~ Date: ,;- / -o~ I Exhibit 511 12 AGENDA MEMORANDUM May 9, 2006 AGENDA ITEM: a. Motion approving the Sanitary Sewer Collection Une Extension Construction and Reimbursement Agreement with Mostaghasi Investment Trust, developer of King's Point Unit 6 located east of South Staples Street and north of Yor1down Blvd. for the instaHation of 1,364 linear feet of off-site 12-inch sanitary sewer collection line; and b, Ordinance appropriating $267,825,50 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay Mostaghasi Investment Trust for the installation of 1,364 linear feet of off- site 12-inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop King's Point Unit 6; and declaring an emergency. ISSUE: Mostaghasi Investment Trust, developer of King's Point Unit 6, will start the installation of 1,364 linear feet of off-site sanitary sewer collection line once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to pay for said installation from the Sanitary Sewer Collection Une Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented, ~ CIJ..A B.A. Holly, AIC~ Director of Deve opment Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit 0 Exhibit E Exhibit F Background Infonnation Area Map Sanitary Sewer Collection Line Exhibit Map Application for Sewer Line Reimbursement Cost Estimate Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM Af'TIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of King's Point Unit 6 (see Exhibit B) required the ofJ-site extension of a 12-inch sanitary sewer collection line. The oft-site sanitary sewer collection line extends approximately 1,364 linear feet in a westerly direction from the west property line of King's Point Unit 6 to an existing manhole located on the west side of South Staples Street (see Exhibit C) The 12-inch sanitary sewer collection line is required to provide sanitary sewer service to King's Point Unit 6 and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance, The developer submitted an application for sewer line reimbursement and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement (see Exhibit F) with supporting documentation in compliance with provisions of the Platting Ordinance, The Application for Sewer Line Reimbursement and supporting documentation is attached (see Exhibit D) In accordance with the reimbursement criteria in the Platting Ordinance, the developer of King's Point Unit 6 is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the off-site pipe diameter in inches by the fee value of the property. The acreage fee value is 35.817 acres x $1277.00 per acre = $45,738.31. The average pipe diameter in inches is 12-inches Therefore, the maximum reimbursement is ($45,738.31 x 12) x 50% = $274,429.86. The total construction cost submitted by the developer for the installation of 1,364 linear feet of 12- inch sanitary sewer collection line is $267,825.50 (see Exhibit E). This is less than the maximum reimbursement of $274,429.86 permitted by the Platting Ordinance. Reimbursement is payable upon completion and acceptance of the sanitary sewer collection line work with the actual reimbursement based on the maximum reimbursement and not to exceed $267,825.50. EXHIBIT ;, ~ ~ -e .. UPES BLVD. Ii ~ o -oJ Z o ~ 2:: ~ ~ . I :~~ ~ 0.. lASS AND VEL" E:NGINEERING C[R>US CHRISTI. TX COMP. tIl ExJ-NW> JOI NO. 05021 SCALE. AS SHCIWN PLDT SCALE. 1. .. 1000' PLOT DATE. 4/4/06 SH[[l 1 or 1 1--' V) a:: o o o o ~ I (f) Z .f fZ S Cl Yorktown Blvd. ~ c f o ...J AREA MAP 1" = 1000' KING'S POINT UNIT 6 AREA MAP CORPUS CHRISTI, TX \ \ II Ir II Exhibit B II Page 1 of 1 s ~u CL~ ~ ~~ ~ ~~I I 2~r ..j ~Iis \ \ PROP. 12.PVC SS 1,364 LF of 12-incb PVC Sanitary Sewer Collection Line PROP. 12.PVC ss II~ ,..: 100' DRAINAGE ROW t> f 5 ~I 6 @ -SITE- ~I ~KING'S POINT UNIT 6) l . , 1" = 200' KING'S POINT UNIT 6 12- GRAVITY SANITARY SEWER COLLECTION UNE RElMBURSMENT CORPUS CHRISTI, TX ~ Exhibit c 1 Page 1 of 1 APPLICATION FOR SEWER LINE REIMBURSEMENT I, George Mostaghasi, owner and developer of proposed King's Point Unit 6 Subdivision, hereby request reimbursement of $267,825.50 for the installation of the sanitary sewer collection line in conjunction with said Subdivision as provided for by City Ordinance No, 17092, Said $267,825,50 is the construction cost, including 7.5 % Engineering, as shown by the cost of supporting documents attached herewith, " ~ --- Ll~~(,-O b Developer Date THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on ~ ~ <; _, by George Mostagh ~i , 200<Q ...,...,~~I~/'",.. ':-Qo~...,... Q~~P PEGGY LANE Notary Public, State of Texas My Commission Expires April 27, 2008 CERTIFICATION The infonnation submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund, and (b) appropriation and approval by the City Council. /,IR ~,../ ! Director of Engineering Services (City Engineer) .ytlt? 6' (Date) 05021-AppL Water Une Reimbursement Form I Exhibit 0 I Page 1 of 1 'S,SS-COST ESTIMArE KING'S POINT UNIT 6 )/3012006 SHEET I OF 1 ~(12 C~st Estimate Kin,'s Point Unit 6 OFF -SITE SANIT A,Y SEWER EIMBURSEMENT ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT WATER ITEMS 1. 12" PVC Pioe I 1364 LF 100.00 $ 136,400,00 2, S"PVC PIPE I 9 LF 90.00 810.00 3, FG Manhole 4 EA 4,500.00 18,000.00 4. 20" Steel Casing Pipe Bored In Place 77 LF 600.00 46.200.00 5. Pavement I Walk PatchinQ , 1 LS 12,000.00 12,000.00 6, Traffic Control During Construction 1 LS 22,000.00 22,000.00 7, Trench Saftev for Excavation I 1373 LF 10.00 13,730.00 SUB. TOTAL $ 249,140.00 I 7.5% ENGINEERING $ 18,685.50 I I , TC TAL OFF-SITE SANITARY SEWER CONSTRUCTION $ 267,825.50 i I I I -0 Q) m c.o >< CD 2: .... C' o ;::;: =: m SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and Mostaghasi Investment Trust, 6333 Queen Jane, Corpus Christi, Texas 78414 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 35.817 acres called King's Point Unit 6 located on the north side of Yorktown Blvd., east of South Staples Street, as shown in the attached Exhibit 1 ; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a Sanitary Sewer Collection Line Extenslon;u---- --- WHEREAS, it is essential that the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; WHEREAS, it is in the interest of the City and the Developer for the 12-inch collection line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1, REQUIRED CONSTRUCTION The Developer shall construct the 12-inch PVC sanitary sewer collection line needed for King's Point Unit 6 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 1 of 6 .., - - -. - ( Exhibit F ] 2 PLANS AND SPECIFICATIONS a The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 12-inch PVC sanitary sewer collection line, as shown in Exhibit 2, with the following basic design' (1) Install 1 ,364 linear feet of 12-inch PVC sanitary sewer collection line. (2) Install 9 linear feet of a-inch PVC sanitary sewer collection line. (3) Install 4 (four) Fiberglass manhole, (4) Install 77 linear feet of 20-inch Steel Casing Pipe Bored In Place. (5) Install PavementlWalk Patching. (6) Install Traffic Control During Construction, (7) Install 1,373 linear feet of Trench Safety for Excavation. The sanitary sewer collection line will be constructed from the west property line of King's Point Unit 6 and extend in a westerly direction to an existing manhole located on the west side of South Staples Street. b. The plans and specifications shall comply with City Standard Wastewater Detail Sheets and Standard Specifications, c Before the Developer begins construction~ the plans and specifications must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 12-inch sanitary sewer collection line, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of the 12-inch sanitary sewer collection line. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5, DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12-inch sanitary sewer collection line, in accordance with the approved plans and specifications, by May 31, 2007. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 2 of 6 7 DEFAULT The following events shall constitute default: a Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council, b Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70t calendar day after the date of approval by City Council. d Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before May 31, 2007. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project UY-THIRD-PARTYljENEFICIARY. ..- Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Government Code Chapter 2253 and shall be in the form and substance as attached hereto. 10. NOTICE Should Developer fall to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty. and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, 3 of 6 EXECUTED IN DUPLICATE originals. this __.___ day of ,2006. ATTEST CITY OF CORPUS CHRISTI ....--..-. .- Armando Chapa, City Secretary By: George K. Noe, City Manager APPROVED: _I-.j.~ _ day of f'r'VA.y ,2006 By: ritv Gary . Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2006, by George-K....bI~Cjtv-Manager. City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public. State of Texas 5 of 6 DEVELOPER ATTEST: f (u, ~ Mostaghasl Investment Trust ~\ ") ~ , ,.~~~~ ------ By: Hossein Mostaghasi, Trustee 6333 Queen Jane Corpus Christi, Texas 78414 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~ d5 ( , 2006, by Hossein Mostaghasi, Trustee, on behalf of Mostaghasi Investment Trust. ~~~ _' .." blic->SWJELofT~xas \\"IUf", ::-'::f<>!} ~r.:'" f~? ..t~~ ~,,:-.. :~f ",,~,:'~,~~" PEGGY LANE Notary Public. State of Texas My Commission Expires -- -/l;prtt U. LUUCl 6 of 6 r f ~ . en N :~ f~ Cl:: \ 0 ci 0 0 0 0 0 0 ~ 0 I ~ Vl w \ z 0 UPES BLVD. z z ..J ..J Ii o w en ~ ~ z -c: g CD Z o 0:: 0:: -c: :::I; <3 I-Y~rktown Blvd. II II ...: o .-.f '0 ..J MEA MAP 1" = 1000' ....ss AND WELSH OfGINEERING CORPUS CHRISTI. lX COtP, t<<l EXI-NiW' JOB NO. 05021 ,SCALE. AS SHIIWN PLOT SCALE. l' '" 1000' PLOT DATE. "/4/06 SHHT 1 Of" 1 KING'S POINT UNIT 6 AREA MAP CORPUS CHRISTI. TX II Exhibit 1 II Page 1 of 1 s ..,u ~~ ~ ~~ 'N ~~~. I ~iI: i ~v' tb \ \ 1,364 LF of 12-incb PVC Sanitary Sewer Collection Line ,-PROP, 12"PVC 55 PROP. 12"PVC SS ~'.- _u I t __u_ ~, 1" = 200' KING'S POINT UNIT 6 12- GRAVIlY SANITARY SEWER COlLECTION UNE RElMBURSMENT CORPUS CHRISTI, TX \I~ ,..: 100' DIWN.a.GE ROW 5 ~I 6 0 -SITE- ~I ~KING'S POINT UNIT 6) II Exhibit 2 ~ Page 1 of 1 '~.SS"COST FSTIMA n: KING'S POINT UNIT t, 313012006 SHEET 1 OF I ,."'l Cost Estimate Kin~'s Point Unit 6 OFF -SITE SANIT A~Y SEWER EIMBURSEMENT UNIT PRICE AMOUNT - - 100,00 1-$ 136,400.00 90.00 810.00 4,500.00 18,000.00 600.00 46,200.00 12,000.00 12,000.00 22,000,00 22,000.00 10.00 13,730.00 UNIT LF LF EA LF LS LS LF QUANTITY 1364 9 4 ! 77 .L - 1 ... - 1 ... 1373 DESCRIPTION n Place ITEM ( WATER ITEMS 1: 12" PVC Pipe 2. 8"PVC PIPE 3, FG Manhole 4. 20" Steel Casing Pipe Bored 2,. Pavement I Walk Patching ~ Traffic Control During Construction 7 Trench Saftey for Excavation SUB.TOTAL $ 249,140.00 ... 7.5% ENGINEERING $ 18,685.50 .. i I T~T AL OFF-SITE SAN IT ARY SEWER CONSTRUCTION $ 267,825.50 I ! i t I ! I - - - -0 Q) m CO >< CO ::r -l. c: o :=: -., ->- (.0,) ~'" F'; CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112. as amended, requires all persons or firms seeking to do business with the City to provide the following mformation Every question must be answered, If the question is not applicable. answer with "NA" FIRM NAME ~ ~ lY/-k'-.-r- STREET fIn, W,'" . CITY: a ZIP: > ~ 0-1 tf-- FIRM is i Corporatlon._ __ 2 Partnership ___. . 3 Sole Owner Other _~_____ . . ___ .'.____~______ DISCLOSURE QUESTIONS 4. Association_ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) ~;A/C 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title ~A/C __._<_.__._ - I <. I 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" "o,.slltoting 30/00rmore of-the-ownershipin1helloove--named..!!finn". ~---- Name Board, Commission or Committee -_.~ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant , H~4:~----- CERTIFICATE I certify that all Information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi Texas as changes occur Certifying Person ~5?'( ^/ /){Ab~~-,,__-,-_.- Title: , I r . Signature 01 Certjlv~::::~~n~__ ..-/ V~_____ __.. 1/V/sI<< 4-8:-5-0 ~ Date: II Exhibit 4 II AN ORDINANCE APPROPRIATING $267,825.50 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 250420-4220 TO PAY MOSTAGHASIINVESTMENT TRUST FOR THE INSTALLATION OF 1,364 LINEAR FEET OF OFF-SITE 12-INCH SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP KING'S POINT UNIT 6; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $267,825.50 is appropriated from the Sanitary Sewer Collection Line Trust Fund No. 250420-4220 to pay Mostaghasi Investment Trust for the installation of 1,364 linear feet of off-site 12-inch sanitary sewer collection line as specified In the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop King's Point Unit 6. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 9th of May, 2006, ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary Approved as to form May 4, 2006 By: ~K~~ Assistant City Attorney For City Attorney H: LegDI'gws 'agenda 2006 !)5-()9 KlngsPotTltU6SSCoII 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: 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 legDirgws agenda2(!()fi\O"-OQ\ KingsPnmtUfiSSC,,1l 13 CITY COUNCIL AGENDA MEMORANDUM May 9, 2006 AGENDA ITEM: Ordinance abandoning and vacating a 17,016.20-square foot portion of an existing drainage easement out of Lots 30 thru 34, Block 32, King's Crossing Unit 10; subject to compliance with the specified conditions; and declaring an emergency. ISSUE: The reason for the closure of the drainage easement is to allow for the future construction of lot grading for residential development proposed to be built over said easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are In compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis ~ B.A. Holly, AICP \ Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND- Urban Engineering, on behalf of King's Crossing Realty, is requesting the abandonment and vacation of a 17 ,016.20-square foot portion of an existing drainage easement out of Lots 30 thru 34, Block 32, King's Crossing Unit 10, in order to accommodate the future development of the lots within the area occupied by the existing utility easement. The easement to be abandoned and vacated is located in an "R-1 B" One-Family Dwelling District All public and franchised utilities were contacted regarding the vacating and abandonment of the utility easement. None of the city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. The reduction in drainage easement for this basin will not adversely affect drainage to adjoining properties as confirmed by Urban Engineering. Staff recommends payment of the fair market value of $31.200 for the abandonment and vacation of the 17,016.20-square foot portion of the existing drainage easement. The owner has been advised of and concurs with the conditions of the easement closure. EXHIBIT A FROM' B.A. Holly, AICP, Director of Development Services DATE: May 3,2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: May 9,2006 ORDINANCE CAPTION: Ordinance abandoning and vacating a 17,016,20-square foot portion of an existing drainage easement out of Lots 30 thru 34, Block 32, King's Crossing Unit 10; subject to compliance with the specified conditions; and declaring an emergency, OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded 1<'1 Volume 64. Pages 205-206, of the Map Records of Nueces County, Texas SPECIFIED CONDITIONS AS PART OF CLOSURE: 1 Owner shall pay the fair market value of $31.200 for the abandonment and vacation of the tota; 17,016,20-square foot portion of the drainage easement. 2) 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. 3 Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval REQUESTED BY: B.A, Holly, AICP, irector of Development Services DATE: t),- ~-ap APPROVED: DATE EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 17,016.20-SQUARE FOOT PORTION OF AN EXISTING DRAINAGE EASEMENT OUT OF LOTS 30 THROUGH 34, BLOCK 32, KING'S CROSSING UNIT 10; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 17,016.20-square foot portion of an existing drainage easement out of Lots 30 through 34, Block 32, King's Crossing Unit 10, that Urban Engineering, on behalf of King's Crossing Realty, L TO, is requesting to have abandoned and vacated as a drainage easement to accommodate the future development of the lots within the area occupied by the existing drainage easement; 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 existing drainage easement for drainage 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 17,016.20-square foot portion of the existing drainage easement out of Lots 30 through 34, Block 32, King's Crossing Unit 10, plat thereof recorded in Volume 64, Pages 205-206, of the Map Records of Nueces County, Texas, is abandoned and vacated for public use as a drainage easement (described on attachment hereto), subject to King's Crossing Realty, L TO's, compliance with the fo'owing specified conditions as part of the abandonment and vacation: 1) Owner shall pay the fair market value of $31,200 for the abandonment and vacation of the total 17,016.20-square foot portion of the drainage easement 2) Upon approval from City Council and issuance of the ordinance, all grants of easement closures must be recorded at the 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. 3) 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 as to consideration and voting upon ordinances at f I. Leg!ganw~ agenda:200fJ05.( ly;KlllgsCroSSlllg <0 easement abandon two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 9th day of May, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor, City of Corpus Christi APPROVED: May 4, 2006. Gary W. Smith Assistant City Attorney For City Attorney H:Leg/garvws/agenda!2006/0"-09/KingsCrossmg 30 easement abandon 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H' Leg/garywsiagendal2006i05-119IKings( 'rossmg 30 easement abandon Map to Accompany Aeldnotes for the closure of a drainage easement (not based on an on-the-ground survey) out of Lots 30, 31, 32, 33 and 34, Block 32, Kings Crossing Unit 10, a map of which is recorded in Volume 64, Pages 205- 206, Map Records of Nueces County, Texas, Lot " Block 41 1<""'9 i C1oI.sing Unit 1 ~ J MIl. 59. Pgs. 18J-188, Mop ~ 01 NWCtI$ Ccunty. r~ UNE L1 l2 L3 L4 L5 L6 BEARING N6<T40'34"E N71'42 28 E N89'13 OO"E N8T1642 E 586"34 49 E S88'51 31"E DISTANCE 55.55 57.10' 121 .36 36.18 149.17' 42.69 " \ - J6 \ 29 150 100 ~ 50 0 100 I, [ I Grap.hic Scale 1"=100' 200 I EXHIBIT C DATE: Feb. 17, 2006 SCALE: 1 "=100' JOB NO.: 20354.A4.01 SHEET: 1 of 2 DRAWN BY: XG -- CHICAGO~ ~ ........ lr) Vj j : CONSTANCE I LAKE HURON , LAKE ! V) I if '~\./ f ''-'~orkwo "-"" --~'~ '~~ \ -~"'. '---- ./ ~.- ~"--.. --- ""-.,'-.:::----: '"'-.,,~"'- .--"'-"- -1 -=Lit__ BOSTON \ . A:A: //~ 2'" . ~o~y (\JI. / \' / / /- Yorktown Boulevard --. <u ~ V) I i w V> Vl < lLJ BOBe z z lLJ .::: lLJ LOCATION MAP N.T.S. Map to Accompany Fieldnotes for the closure of a drainage easement out of Lots 30, 31, 32, 33 and 34, Block 32, King $- Crossing Unit 10, a map of which is recorded In Volume 64, Pages 205-206, Mop Records of Nueces County, Texas. EXHIBIT C DATE: Feb. 17, 2006 SCALE: None JOB NO.: 20354.A4.0 1 SHEET: 2 of 2 DRAWN BY: XG 14 CITY COUNCIL AGENDA MEMORANDUM May 9, 2006 AGENDA ITEM: Ordinance abandoning and vacating a 3,880.26-square foot portion of an existing drainage easement out of Lots 36 thru 39, Block 32, King's Crossing Unit 10; subject to compliance with the specified conditions; and declaring an emergency. ISSUE: The reason for the closure of the drainage easement is to allow for the future construction of lot grading for residential development proposed to be built over said easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No, 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis ~ B.A. Holly, AICP Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Urban Engineering, on behalf of King's Crossing Realty, is requesting the abandonment and vacation of a 3,880.26-square foot portion of an existing drainage easement out of Lots 36 thru 39, Block 32, King's Crossing Unit 10, in order to accommodate the future development of the lots within the area occupied by the existing utility easement. The easement to be abandoned and vacated is located in an "R-1 B" One-Family Dwelling District. All public and franchised utilities were contacted regarding the vacating and abandonment of the utility easement. None of the city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. The reduction in drainage easement for this basin will not adversely affect drainage to adjoining properties as confirmed by Urban Engineering. Staff recommends payment of the fair market value of $7,120 for the abandonment and vacation of the 3,880.26-square foot portion of the existing drainage easement. The owner has been advised of and concurs with the conditions of the easement closure. EXHIBIT A FROM B.A. HOlly AICP, Director of Development Services DATE: May 3, 2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: May 9,2006 ORDINANCE CAPTION: Ordinance abandoning and vacating a 3,880.26-square foot portion of an existing drainage easement out of Lots 36 thru 39, Block 32, King's Crossing Unit 10; subject to compliance with the specified conditions; and declaring an emergency, OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 64, Pages 205-206, of the Map Records of Nueces County, Texas SPECIFIED CONDITIONS AS PART OF CLOSURE: 1 Owner shall pay the fair market value of $7,120 for the abandonment and vacation of the total 3,880,26-square foot portion of the drainage easement. 2) 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. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. REQUESTED BY: ~ B,A. Holly, AICP~ Director of Development Services DATE: ~tjp APPROVED DATE EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 3,880.26-SQUARE FOOT PORTION OF AN EXISTING DRAINAGE EASEMENT OUT OF LOTS 36 THROUGH 39, BLOCK 32, KING'S CROSSING UNIT 10; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 3,880.26-square foot portion of the existing drainage easement out of Lots 36 through 39, Block 32, King's Crossing Unit 10, that Urban Engineering, on behalf of King's Crossing Realty, L TO, is requesting to have abandoned and vacated as a drainage easement to accommodate the future development of the lots within the area occupied by the existing drainage easement; 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 existing drainage easement for drainage 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 3,880.26-square foot portion of the existing drainage easement out of Lots 36 through 39, Block 32, King's Crossing Unit 10, plat recorded in Volume 64, Pages 205-206, of the Map Records of Nueces County, Texas, is abandoned and vacated for public use as a drainage easement (described on attachment hereto), subject to King's Crossing Realty, L TO's, compliance with the following specified conditions as part of the abandonment and vacation: 1 ) Owner shall pay the fair market value of $7,120 for the abandonment and vacation of the total 3,880.26-square foot portion of the drainage easement 2', Upon approval from City Council and issuance of the ordinance, all grants of easement closures must be recorded at the 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. 3) Owner must comply with 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 as to consideration and voting upon ordinances at H:Leg/garyws/agenda/200n/05 09/KingsCrossing 36 easement abandon two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 9th day of May, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor, City of Corpus Christi APPROVED: May 4, 2006. a...h~dk. ~ Assistant City Attorney For City Attorney H: Leg! garyws/agenda' 2 OOA/O 5-09 /KingsCrossmg 36 easement abandon 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, City of Corpus Christi _.. .___...______m.'.______..__. ...__..___ Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H:Leg/garyv,rs/agenda/2006/OS-09/KingsCrossing 36 easement abandon Map to Accompany Fieldnotes for the closure of a drainage easement (not based on an on-the-ground survey) out of Lots 36, 37, 38 and 39, Block 32, Kings Crossing Unit 10, a map of which is recorded in Volume 64, Pages 205-206, Map Records of Nueces County, Texas. / ,/ Lot I, 8Iock #1 Kittg:' Croaing Unlt 1 ~ J ~ 59. "". 18]-188. IIt1p RecorrJ. of ~ lAllm~ TUGS UNE L1 L2 L3 L4 L5 L6 L7 L8 \ '---.Oroinoge Easement_. ) _ L N8.F~'41"W -, - -- _ __ _ 54.12... - - Point (J/ iJIginning for fieJdnoi. '-:n'Ption -- --- I J5 I~ J4 23 w .::i i_Y ;~7.5'u,E. --_L _._'~ , 50 , 00 ~ 50 0 , 00 I I, Graphic Scale ,"= '00' BEARING 57725 35-E 565'32 54 E 559'48 11 E 559'24 19 E 563"1350 E S7(102 52 E S5X43'04-E S89"3814"W 200 I DISTANCE 21.53' 66.93' 73.60' 62.67' 23.37' 37.59' 27.71' 36.23' EXHIBIT C DATE: Feb. 17. 2006 SCALE: 1"= 1 00' JOB NO.: 20354.A4.01 SHEET: 1 of 2 DRAWN BY: XG c:: ~c ICONSTANCE iLAKE HURON Yorktown Boulevard l CHICAGO Q.) -.;;;, ~ lr) V) I w Vl Vl <( LAKE V) ~(~ ti/ 'y~ ,- )\,/ -, ~ '''--E.so POrkH/, -------.... ""---." ----___ oy "'" ~ :~ ~-- ~/ "--... ". ~"'-... - "".~ ~---- T T ", ........ <b B~Tb~----- ~ w z z w i= w \ \ A // 'LAA // RO~'Y (~. ,-/ r. / / / ,-/ LOCATION MAP N.T.S. Map to Accompany Fieldnotes for the closure of 0 drainage easement (not based on on on-the-ground survey) out of Lots 36, 31, 38 and 39, Block 32, King's Crossing Unit 10, a mop of whlch is recorded in Volume 64, Pages 205-206, Map Records of Nueces County, Texas. EXHIBIT C DATE: Feb. 17, 2006 SCALE: None JOB NO.: 20354.A4.01 SHEET: 2 of 2 DRAWN BY: XG 15 CITY COUNCIL AGENDA MEMORANDUM May 9,2006 AGENDA ITEM: Ordinance abandoning and vacating a 1 ,870-square foot portion of a 10- foot wide utility easement out of Lots 1-2, and Lots 23-24, Block 4, Lexington Estates; subject to compliance with the specified conditions; and declaring an emergency. ISSUE: Ed Hicks Nissan, L TD, is requesting the closure ofthe utility easementto allow for the redevelopment of the site and future construction of a new building and pavement area for a pre-owned vehicle lot. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located, Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No, 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis -=-~L-.. B.A. Holly, AICp\ Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND' Ed Hicks Nissan, LTD. is requesting the abandonment and vacation of a 1 ,870-square foot portion of a 10-foot wide utility easement out of Lots 1-2, and Lots 23-24, Block 4, Lexington Estates. Ed Hicks Nissan, LTD. is requesting the closure of the utility easement to allow for the redevelopment of the site and future construction of a new building and pavement area for a pre-owned vehicle lot. The easement to be abandoned and vacated is located in Zone B-3 "Business District" within the city limits of Corpus Christi. All public and franchised utilities were contacted. Water Department has an existing waterline within the easement that will be relocated by the Water Department at owner's expense" Owner is to provide all actual labor cost and materials for the work to be done. Estimated labor cost for the work to be done is an approximate cost of $3,700.00 and will take the Water Department approximately 20.5 man hours to do the work. Owner is to provide all required materials for the work to be done as follows: 300 LF - 6" C900PVC Pipe 1 ea. - 6" MJ Gate Valve 2 ea. . 6" MJ 900 Bend 1 ea. - 6" x 4" MJ Reducer 6 ea. - MJ Locking Ring Kits Water Department is to install a water meter either in the 15" wide utility easement to be dedicated by Owner, or within the Cosner Street public right-of-way, or the South Padre Island Drive right-of-way, if required. Wastewater Department has an existing sanitary sewer line and manhole that will remain in place in the portion of easement to be closed, but will become private and maintained by the owner. A new sanitary manhole wi/I be constructed within the dedicated easement right-of-way, at owner's expense. AEP 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 Staff recommends payment of fair market value be waived because Owner will be dedicating a utility easement of greater value to off-set the proposed abandonment and vacation of the easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A FROM BA Holly. AICP Director of Development Services DATE: May 3 2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: May 9,2006 ORDINANCE CAPTION: Ordinance abandoning and vacating a 1870-square foot portion of a 10-foot wide utility easement out of Lots 1-2, and Lots 23-24 Block 4, Lexington Estates; subject to compliance with the specified conditions; and declaring an emergency, OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 10, Page 27 of the Map Records of Nueces County, Texas, ~PECIFIED CONDITIONS AS PART OF CLOSURE Fair Market value will be waived because Owner will be dedicating a utility easement of greater value to off-set the proposed abandonment and vacation of the easement. 2 IN ater Department has an eXisting waterline that will be relocated by the Water Department at owner's expense. Owner is to provide all actual labor cost and materials for the work to be done. Estimated labor cost is an approximate cost of $3,700,00 and will take the Water Department approximately 20.5 man hours to do the work. Water Department is to install a water meter either in the 15" wide utility easement to be dedicated by Owner, or within the Cosner Street public right-of-way, or the South Padre Island Drive right-of-way if required Owner is to provide all required materials for the work to be done as follows 300 LF 1 ea, 2 ea 1 ea fi ea 6" :':;900PVC Pipe 6" MJ Gate Valve 6" MJ 900 Bend 6" :' 4" MJ Reducer MJ Locking Ring Kits 3 Wastewater Department has an existing sanitary sewer line and manhole that will remain in place in the portion of easement to be closed, but will become private and maintained by the owner. 4 A new sanitary manhole will be constructed within the dedicated easement right-of-way, at owner's expense 5, AEP will seek reimbursement if adjustments to their facilities become necessary. 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 mus' comply with all the specified conditions of the ordinance within 180 days of Council approval. REQUESTED BY: ctor of Development Services APPROVED: DATE EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 1,870-SQUARE FOOT PORTION OF 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1 AND 2 AND LOTS 23 AND 24, BLOCK 4, LEXINGTON ESTATES; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1 ,870-square foot portion of the 10-foot wide utility easement out of Lots 1 and 2 and 23 and 24, Block 4, Lexington Estates, that Ed Hicks Nissan, L TO, is requesting to have abandoned and vacated as a utility easement to allow for the redevelopment of the site and future construction of a new building and pavement area for a pre-owned vehicle lot; 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 10-foot utility easement for utility 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 1 ,870-square foot portion of the 10-foot wide utility easement out of Lots 1 and 2 and 23 and 24, Block 4, Lexington Estates, is abandoned and vacated for public use as a utility easement (described on attachment hereto), subject to Ed Hicks Nissan, L TO's, compliance with the following specified conditions as part of the abandonment and vacation: 1) That payment of fair market value for the easement closure is waived, because ONner will be dedicating a utility easement of greater value to off-set the proposed abandonment and vacation of the easement. 2) Water Department has an eXisting waterline that will be relocated by the Water Department at owner's expense. Owner is to provide all actual labor cost and materials for the work to be done. Estimated labor cost is an approximate cost of $3,700 and will take the Water Department approximately 20 5 man hours to do the work. Water Department is to install a water meter either in the 15' wide utility easement to be dedicated by Owner or with in the Cosner Street public right-of-way, or the South Padre Island Drive right-of-way, if required. Owner is to provide all required materials for the work to be done as follows: 300LF - 6" C900PVC Pipe 1 ea. - 6" MJ Gate Valve 2 ea, - 6" MJ 90 deg. Bend 1 ea, - 6" x 4" MJ Reducer 6 ea, - MJ Locking Ring Kits. H :Leg/garvws/agendal2006,05-09/Lexmgton Estates easement abandon 3) Wastewater Department has an existing sanitary sewer line and manhole that will remain In place in the portion of easement to be closed, but will become private and maintained by Owner. 4) A new sanitary manhole will be constructed within the dedicated easement right-af-way, at Owner's expense. 5) AEP will seek reimbursement if adjustments to its facilities become necessary. 6) Upon approval from City Council and issuance of the ordinance, all grants of easement closures must be recorded at the 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 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 9th day of May, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi Armando Chapa City Secretary APPROVED: May 4, 2006. ~I&. - G ry ,Smith Assistant City Attorney For City Attorney H:Leg/t!:arnvs/agenda2006/0 '-09'1 exington Estates easement abandon 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia WiUiam Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H:Leg/garyws/agendai200605-09iLexington Estates easement abandon I I 17 '7 7 -'"'"0 7T- T ,- r- r ;r- r- r- ,r-r-/-:;~/---;~~ /', / /561'30'OO.E 148.00'/ / / "" V /_:; '//'5' Utolty EOSOM,',' / // k - ~'...J~ JJ_,<~~N~'~'Q9~ ,-!~,ClQ'L _ /} ;..J' ",,-- EASEMENT TO BE .' L 8'0 - DEDICATED 00 ? ui AREA-2,220 SQ. FT. 0) N Z 561'30'00"( 10.00' 1 ! {/ ~t~ ,r/ (,(" (' /' 11~ 81 g " ~ I '~,.+- ~___' ~ t: o 19~ 0 J ~ (/) Z /(/)O I J ~ 0 c~ r--- , ~ ~I I- 0Cl I ~ tj z ~ '" 'l1 wO"-- '~~l ~w I I~ .tJ ~ ~ L5 i~ ~1 <! -J a::: I';::)::: w U <{ lit) ,. I ;r . )" ,A 1'<)/ Ii.,' ! / ,/ L. i/i t \ \ ../ , -- -'-- ; \ I ( ,\J ~ j r\~ L t_ I VOL o PC; 2 7 \ t\ \ i) F N ( T L (~J i 24 r r--'~oint of geginning ) i,.. I 500' 5.00' N61'30'OO"w 8 "i "e;" o.~ c:: 1: .~ " 2' &CXl /'" ~ 0_ 00 . 0 o . Olf) b>~ N Ul f- '-, -*, '-.... I E ~~; 1= W llIJ ~ 00 OC w :z ~ o , ! r-' SOUTH P ADRE ~8o DR. (SoHo 358) EASEMENT CLOSURE & DEDICATION I ! Iflparwiby. BLOCK 4, LEXINGTON ESTATES , 8oss30~4 ~/s~o;,~l;n;~rinq ED HCKS FAMILY PROPERTIES Corpus Christi, Tx, 78404 (361) 882-5521 (phone) (361) 882-1265 (fox) EXHIBIT C Job No: 05078 Scate: 1 "=30' Date: 4-06-06 Drawing No: UE Plotsco/e: 1 =1 Sheet 2 of 2 z o (j') ~ w c:> o a:: a:::: z w 0 ~ W I- Z ~ Z I 4: if) c.:> ~ 0 :-, U 0 0 a:::: ~ <D 1- I ,c ! o -J W ~ <: r '- s.: if) w o z ~ co ~ ~ o ~ ~ W ~ Ul o ~ \ w z :s >- ...J a:::: ...J ~ 0 0 a:::: a:::: ~ c( U ie tl'--;rO!'1 fS A -~: ...... ;0. i>>f), i' ... ~".""..f N >- er- o I- if) o ~ ~TE 358 SOUTH PADRESLAND DR. a:::: w z if) o o OHANNA HERITAGE 8R BE ~;:~;;:;:~~ii ; LOCATION MAP , 4: ~~~t~g~T 4~L~E~Y~TtN DE~~;;~~ON EXHIBIT C It ~<<J by:. . Job No: 05078 Boss &- Welsh Engmeermg ED HICKS FAMILY PROPERTIES Sco/e; 1"=30' 3054 So. Alomeda St. Dote' 4-06-06 Corpus Christi, Tx. 76404 Drawlnc No' UE-2 (361) 882-5521 (phone) _ '. . (361) 882-1265 (fax) Pfotscot,.'. 1=1 Sheet 1 of 2 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/09/06 AGENDA ITEM: Amending the Code of Ordinances Chapter 57 Vehicles for Hire, Section 57-135, F ares--Amounts, to add a provision to allow for traffic delay time charges and modifying the effective date of rate changes and amending Section 57- 105, Neat and Clean Appearance of Drivers, to allow drivers to wear shorts during the summer months, ISSUE: The cab companies have requested modifications In the ordinance to deal more effectively with rising gas prices, traffic delay time, and provide drivers more comfortable attire during hot summer months. BACKGROUND: The current ordinance provides for a fuel surcharge to go into eff~ct the 1st day of the month after checking the rates on the 10th of the month. The recommendation is if the price on the tenth (10th) day of the month is twenty-five cents" ' ($0.25) higher or lower than the price of the preceding month, the adjustment will go into effect immediately instead of waiting until the first (1st) day of the consecutive month The ordinance also provides for an additional traffic delay time maximum charge of $18.00. Modifications to driver apparel allows for the drivers to wear Bermuda or cargo shorts with a finished hem during the months of April through August. The taxicab company owners agree with the recommended modifications. REQUIRED COUNCIL ACTION: Approval is necessary to enact the changes in the ordinance , CONCLUSION AND RECOMMENDATION: ordinance changes Staff recommends accepting the ~4 K. A. Bung Acting Chief of Police Attachments: Ordinance AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 57 VEHICLES FOR HIRE, SECTION 57-135, FARES-AMOUNTS, TO ADD A PROVISION TO ALLOW FOR TRAFFIC DELAY TIME CHARGES AND MODIFYING THE EFFECTIVE DATE OF RATE CHANGES AND AMENDING SECTION 57-105, NEAT AND CLEAN APPEARANCE OF DRIVERS, TO ALLOW DRIVERS TO WEAR SHORTS DURING THE SUMMER MONTHS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 57. Vehides for hire, as follows: Sec. 57-135. Fares-Amounts. There is hereby established as the rates of fare for taxicabs within the city limits of the City of Corpus Christi for one (1) or more persons, not exceeding five (5) persons, of two dollars and twenty-five cents ($2.25) for the first one-fifth ( 1/5) mile or less, and an additional charge for each succeeding one-fifth ( 1/5) mile or fraction thereof, based upon the average retail price of one (1) gallon of regular gasoline sold within the City of Corpus Christi and in accordance with the following chart: TABLE INSET: Per gallon gasoline pnce Charge per succeeding 1/5 mile --..."--..-- Under 2.25 $0.35 2.25-2.499 0.36 - 2.50-2.749 0.37 _'_M. __ ._._. ____._._ 2.75--2.999 0.38 --"-' ------.-.-- 3.00-3,249 0.39 --_...... -------- 3.25-3.499 0.40 3.50--3,749 0.41 Note: Sliding scale formula shall be applied, ad infinitum. The price of one (1) gallon of regular gasoline sold within the City of Corpus Christi shall be determined by the Oil Price Information Service, as reported by AAA at www.fuelgaugereport.com. Such price will be determined by the current ()ni-1raxi-I05-135 Corpus Christi price given by AAA at 9:00 a.m. Central Standard Time (CST) on the tenth (10th) day of each month and will go into effect at 12:01 a.m. CST on the first (1 st) day of the consecutive month. H9W8ver. if the Price on the tenth (10th) day of the month is twenty-five cents lSO.25) higher or lower than the price of the preceding month the adiustment will go into effect immediatel~ instead of waitina until the first (11) day of the consecutive month. The taxicab inspector shall disseminate the gasoline price, In addition to the above taxicab rates of fare, taxicabs may charge a flat rate fuel surcharge of twenty-five cents ($0.25) for each fare. For each one (1) hour of waiting time or traffic delay time, the maximum charge shall be t\&.~nty fOll'eiahteen dollars ($18.00) ($24.00), aGCUmulated in increments of forty cents ($0.40) per minute. The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fares may include a fifty cent ($ 0.50) surcharge per fare collected from one (1) or more persons not to exceed five (5) persons. Lower rates may be charged a1 the option of the taxicab certificate holder. * * * Sec. 57-105. Neat and clean appearance of drivers. (a) It shall be the responsibility of every certificate holder to require and to ensure that his or her drivers are neat and clean in appearance while on duty. All certificate holders shall require a driver employed or under contractual agreement with said holder to comply with the following: (1 ) All male drivers shall wear full length pants, shirts with sleeves and collars, socks and closed-toed shoes. except that durina the months of April throuah Auaust. shorts. commonly referred to as Bermuda shorts or carao shorts. with a finished hem may be worn . (2) All female drivers shall wear full length slacks, regular length skirts, blouses, closed-toed shoes, and stockings. except that durina the months of April throuah Auoust. shorts. commonlv referred to as Bermuda shorts or caroo shorts. with a finished hem may be worn. (3) All drivers shall wear clean, unsoiled and untorn clothing. (4) All drivers shall maintain proper personal hygiene, Le., be shaven, have facial hair neatly trimmed, be free of offensive body odor, and have clean, combed hair. (b) While on duty, all drivers are prohibited from wearing: (1) Tee shirts as an outer garment (2) Sweat shirts and sweat pants. (3) Halters or tube tops, (4) Shirts with tails worn outside pants, Ord-Taxi-105-135 Failure to comply may result in the suspension or revocation of a driver's permit * . * . * SECTION 2. 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. SECTION 3. 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 4. 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 9th day of May, 2006 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form~, 2006 By: ~ I~ Joseph rney Assistant City Attorney For City Attorney Ord-Taxi-105-135 Corpus Christi I 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: IM/e, 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 Ord-Taxi-105-135 17 A(~ENDA l\'IEMORANDllM PllBU( nEARING ZONING ((']1\ I nuncd ActIOn Date 5/9/0()) Case No. 0306-04-Cih of COr(ms Christi/Harbors Homeowners' Association: A zoning change from a "B-4' C;,'neral HU:-.1J1e~~ D:stnc1 wl1h a "PI :0-2" Planned {:nit Development 2 to a revised "B-4" General Business lhslnct \vlth d "I'UD-2" Planned [Imt Development 2, Porw Bello Subdivision (The Harbors), Block L Lot, ! 70 and 70.\- 50 located 'vest oj I .S, HIghwa\ ISI and West Causeway Boulevard, east of Rincon Road .md ('ana! ;\ and ~Ol th of Nu('ce~ H~!, Planning Commission and Staff's Recommendation (3/22/06): Approval of the "B-4" General Business Distnct with a Planned Unt Development PUD-2 revised sIte plan by Remo\m~ buIlding pad sites, Dcmai of allowing for stmage ofrecreatlonal vehIcles/trailers on Lot 3, Requested Council Action: Appmval 011he "B-4" General Business District with a Planned Unit Development 1'110-2 revi"ed site pian )n RcmO\mg bUlldmg pad SItes, Dema I of allowmg for storage of recreatIOnal vehicles/trailers on Lot 3. Purpose of Request: RevI~e eXIsting PIIJ)- 2 to allow for consolidation of one or more lots and storage of recreatIOnal vehicleitrailers on one 101 Summan: . the tIt:, (I (drpas Chnsti and the Harbors Homeowners Association are co-sponsoring a rnlsed Planncc LJlllt De\'Cll)pment-2 (PUD-2). It1 an effort to allow for the consolidation of one 0: more i\)t~ fm smgle-famIi constructIOn and to allow for storage of recreational ,,>hlcles/ traller' . 1 he orlgmal PID. ) for the SUbJl'l.t property was approved III 1981 for a 140 lot single-family subdivislOll WIth INS Jcs<. than h.OOO square feet. subject to a site plan with four (4) conditions. Such condiU\)]l' an I SIte plan tt mclude hulldltlg pad area. One structure per lot. 2 Tv.ent) (2(1) foot front setback for garage area of single-family structure, 3 ReductIOn of cul-de-sac lots from seven (7) to four (4) along each street. 4 Include a common wall agreement and a ten (10) foot wide maintenance strip next to the zero lot Jin<:' lots along the cul-de-sac area . (urrent and potential property U\\I1ers are requesting the removal of condition one (1) that illustrates buildmg pad sites for each lot on the site plan, Removal of the pad site area on the site plan would enable propert) owners to bUIld over lot lines, m the event two or more lots are ckslred fiJr c\m~,trudion of a slIl,l!le-family structure \genda \lc,,,,,randllJ1l aSk: Nl' I' i<,-U--lI( 11\, I 'rpli l:'hllSII Il"rhol', ii"'llk:O\\IKI' '\''''k:ldIIOl1i Page 2 · An additIonal cond,tion IS requested to allow for storage of recreational vehicles/trailers on Lot 3 0' the Porto Bello SubdIVisIon I The Harbors) Storage of such uses shall be screened along the prllperty lInes by a "IX (6) toot wood pnvacy fence and landscaped, irrigated, and maintained in a slf11llar fashIon to t he other common areas wlthlll the subdiVISIOn, In the event storage of such u,.,,'s 011 I.ul'. c' mtlllues beY'll1d August 3 I, 200x, a masonry wall along the property lines of the l(d shall replacl' th 51\ i (l) foot ,I. ol)den pm an knce Such masonry fence shall be screened \\ lth landscapml! · A reVISIon tl) the anginal Site plan \\ 111 alllm for lower density residential development within the subdiVIsion as opposed to thl' ongmal 140 hOllsmg pad SItes, · Storage 01 recreatwnal vehicles; trailers on a deSignated lot w1l1 provide for more open space on lots that currently slOfe such uses on the property with the single-family home. Applicant's Position: lhe apphcam IS III agreement with recommendation. Notification: Of the ont: hundred forty-two (142) notices mailed to the surrounding property owners, twenty-one (21) were returned 111 favor and two (2) were returned in opposition, The 20% rule is not invoked. This case is cons;dered noncontroversial, hnt ~ ;"Q;" discnssion. Mich~~Unning, AICP Assistant Director of Development Servic MG/FGM als Attachments: 1) Zoning Report 2) Planning Commlsswn Mmutes (V22!06) -' ) Ordinance f I\PLN-Di!Z\5 i tAR I I )\( iail,WORD\A, iENDMEM ,200(,1\1;i!.:h'0306-04 ACiFNDAMFMOdoc CITY COUNCIL ZONING REPORT Case ~o. 030tJ-04 Planning Commission Hearing Date \1arch 22. 2006 "i bli ~ C - C ~:;: Cl- - .- c ~ ~ c.,.. C.I '" ._ Cl.I c..~ Cl- -<r: Applicant Citv ofCoqms Christi and Harbors Homeowners' Association Owner: Same.ls applicant Agent Same..is applicant Propert~ Area: Porto Hello SubdivisIOn (The Harbors), Block 1, Lots 1-70 and 70A-150. lllcaled west of l! S Highway 181 and West Causeway Boulevard, east of Rincon Road and Canal A and south of Nueces Bay, - rIl Cl.I = a' ~ bli C .- C o N From' "8-4" Ceneral Business District with a PUD-2 Planned Unit Development 2 To Re\lsec Development = "B-4" (1L'lleral Business District with a PUD-2 Planned Unit Area 21.818 acres Purpose of Request: Revlse existing PUD-2 to allow for consolidation of one or more lots and storage of recreational vehicle/trailers on one lot. "C C ~ ~ "C = ~ Cf) c ~ .... v: C ~- o~ N Cf) == .- - '" .~ ~ ___~~_~_-=---Z~~~g- __ _~=~--Existing Land Use Site i "B-4" General Busmess -i Single-family residences District wi PUD-2 Planned i __ +LJ!l.lt .?c;veIO~l!1_e!~~Lrr)-2) i----- . . . Vorth : "B-4 (,eneral Busll1ess i Porto Bello SubdIVISIOn . District i Office and vacant land ,--t--,-'.-;;- i ,---t-~--- 50Ulh ! . B-4 Genera.! Bllsmess i \r acant land District - -j----- - -------j-- East "'A. r':'~!:!meTlI-I()llri~ Par~ Wesr ~_()~t of!'itY_hLrn!tjO C _L.) !_~~!1~1 Future Land Use Low-density residential Tourist use Commercial Park Water area ~ ~ V: ~ 5 Area Development Plan: Nor1h Central ~~ ~.... Map: 0306-04 ~ ]: Zoning Violations: None ~> Zonmg Rc'pon Case 1'.u '1,'Ob-\)4 (en)' t'tC{;rpus Chr"11 and Harbors Homeuwners' Assoclallon) Page :' . ...--. lo. ~ e e = rJ:J '" !O.. I;..; ~ - . rJ:J · The C ty of (orpus Christi and the Harbors Homeowners' Association arc l0-spollsoring a rC\'lsed Planned Unit Development -2 (PUD-2), in an effort to ailol\' Ilr the consolJdation of onc or morc lots for single-family construction and In ,Jllc)\, for storage (li"rccreational \'ehiclcs/trailers, · rhc anginal PUD-2 for the subject propel1y was approved in 1981 for an 140 lot smgle-family subdi\ lSlon with lots less than (1,000 square feet, subject to a site plan \Vllh four (4) conditions, Such conditions are: I. Site plan to 1I1clude building pad area. One structure per lot. rwenty (20) foot front setback for garage area of single-family structure. Reductl\)n of cul-de-sac lots from seven (7) to four (4) along each street. ,f, Include a common wall agreement and a ten (l0) foot wide maintenance strip neAt to the zero lot line lots along the cul-de-sac area. Current and potentIal property owners are rel{uesting the removal of condition one ( I) that illustrates building pad sites for each lot on the site plan. Removal of the pad site area on the site plan would enable property owners to build over lot lines. ill the event t\\(1 or more lots are desired for construction ofa single-family strudw,-:, An additional condition is requested to allow for storage of recreational vehicles/trailers on Lot 3 of the Porto Bello Subdivision (The Harbors). Storage of such uses shall be screened along the property lines by a six (6) foot wood privacy fence and landscaped, irrigated, and maintained in a similar fashion to the other common areas within the subdivision. In the event storage of such uses on l.ot 3 c.,mtinues beyond August 31. 2008, a masonry wall along the property lines '.-,fthe ]'It shall replace the six (6) toot wooden privacy fence. Such masonry fence shall bt, screened with landscaping · .'\ reviSIOn to the original site plan will allow for lower density residential development withlll the subdivision as opposed to the original 140 housing pad sltes · Storage of recreational vehicles/trailers on a designated lot will provide for more open space on lots that currently store such uses on the property with the single- family home, "t~ (IJ ::0 V1~ .... --- ----..' - .. I- -'-~_. ,.. - -----,- Streel i Type I . U.~~}=!ig]~~yay 181 ~_=__'j}~pressway..~1120' R.g.W. (6 lanes) Volume (2001) 49,700 a.d.t. Paved Section I,onmg Report C'asc t\" ! \06~U4 ( Page J uj Co:pus Chnsfl and !larbors] lomcm\ Iwrs' Associalion) " .... = ~ .... S:~ r:r; rhe subject prop<.Ttv IS pLltted .... c ""- ~ ..... e ~ .... E ; E Cl.o ~"-- rhl' subject I'roplTty IS a c-lI1gie.lamily subdivIsion developed under a Planned Unit Develnpmen -2 i pun -2) 111 ] 9x I Of the 140 lots, approximately 50 are developed with single- famll\ home, c .~ ..... ~ 't:l c ~ e e o u ~ C( I::: ~ ..... !JJ Approval of the 'BA" General Business DIstrIct \\"ith a Planned Unit Development PUD-2 revised site plan by Remov1l1g buIldmg pad sites, 2 AlloWlllg for storage uf recreational vehicles/trailers on Lot 3. Storage of such uses on I ot.~ "hall be screened along the property lines by a six (6) foot wood privacy t'<:nce and landscaped. irrigated, and maintained in a similar fashion to the other l:omnWt1 areas within the subdivision, In the event storage of such uses on Lot 3 continues beyond August 3 I, 2008, a masonry wall along the property lines of the lot shall replace the six (6) foot wooden privacy fence. Such masonry fence shall b,~' screened with landscaping c ,= = ..... ~.~ .g .! ~ = = .- ~ = e e E: ~ e u 8 Q.I =' Appwvallll the'BA' Cicneral Busmess Dlstnct with a Planned Unit Development PUD-2 revIsed sl1e plan i))' Removll1g buIldIng paCi '.Ites, 2 Demal cl allowin\S fot storage of recreatIOnal vehicles/trailers on Lot 3. '" ""'''0 = <l,.i ~ ~ e .~ e u o ~ U~ Number nf NotJ,~'es MaIled Favor 21 OppOSItion 2 (As ofApnl I L .?IIOSI 42 Attachments Zonlllg Map Revised PUD-2 SIte Plan H:\PLN-j llH \SHAKEll\(jAILWOR I l\ZONRPTS\2006\March\CC0306-04 REPORT,doc ~ ~ / 0/ , " ",,"''I:- / /' "', ~I v~ ", ~ ' ~'! " ,. v / Q:-"" II ,,/ " Q1 0#.. ~,f ~I "\ 1/ ~/ / 4.; ~ ..... y /-.... ..... ~ ..... V ..l. ^- ..... o CITY OF C.C. ~ R-1B NUECES BAY PARK 01MAR06/HK CASE NO. Z0306-04 NOTICE MAP l..u-~ ~ 1 ! 1, .."., ,,1,",;',.'.. . . '. 11<1 .' - ,__, ,;1.: . . ~ - '.-'- -. - f-R Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District T-1B Manufactured Home Park Dis!. T-1C Manufactured Home Subdivision Distnct A-I Apartment House District A-1A Apartment House District A.2 Apartment House District AT Apartment-Tourist District AB Professiona' Office District 1-1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development 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 Dis!. B-3 Business District B-4 General Business District B-5 Primary Business District B-6 Primary Business Core District GIS > Team ":!!;""lllt! ~ NORTH He Historical-Cultural landmark Preservation o 75 150 300 . , Feet \..- , \ , \\ ii""~7=' , 1; \ \ ~ I' t i I' -+ I~ ',L " " I. j; " f~ I' ,j f- !, , :- \ ,1,.! I !j ,Ii ~- \' I I; " ~ I~ I, j ~-- ~~ ,"-. ~~t. 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" " " C" U ~; t n ,p; .- \;1 u C.)I fi ~) c::.,J pC -; w1 ~ ..;; oL , co ~ 0: '" "c %~ 0- 2~ ~~ O. t; -3 o r<\ () N 'V -Z 'V -/' CS V i :1 ' I ~ 111 : it' ~ ! : II I ! i I ,#...:.---- . i MINUTES RI<GliLAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday -- March 22, 2006 3 03(16-()4 Cit, of Corpus ChrIstI/Harbors Homeowners' Association: From "B-4" Genera] BUe-mess Dlc.trict \\ ith a "PUD-2" Planned Umt Development 2 to a revised "B-4" Genera] Busmess District with a "PUD-2" Planned Unit Development 2 (allowing for comolidation of one of more lots and storage of recreational vehIcle/trailers) .'M________ P0!10 Bello SubdivIsIOn (The Harbors), B]ock 1, Lots 1-70 and 70A-150, located we"t ofU,S, Highway 181 and West Causeway Boulevard, east of Rincon Road ane Canal A and c.outh of Nueces Bay, Faryce Goode-Maclin revle\-\ed the above request for a revised "B-4" General Business District with a'Pl ![)-2" Planned UllIt Development 2, The subject property which was developed in 1981 had a site plan showmg 140 lots \'hich approXImately fifty lots have been developed into single family residences The owners are requesting removal of the building pad site that was attached to the original site plan allowmg consolidation of one or more lots for mcrease of lot size and reducing density with an addItional request for the purpose of providmg a storage area for recreational vehicles on Lot 3 of the subject property If approved, Lot 3 will be screened With a wood fence, After August 31, 2008, if storage !S~tlll hemg utllizee a masonry wall with landscaping will replace the wood fence. In ans\ver to ('omnlissIoner Pusley s questIOn. Ms, Goode-Macon stated that the subdivision has deed restnclions on the~ub]ect property Betty Black. 72'::' CJ nwn Harbor. ('otlJUS ChrISti. Texas stated that she was in favor of the PUD request but was m opposItion of the storage lot and believe it would not be an attractive addition to the area I own two (2) lots m the subd!\Ision and believe it would diminish the value of the lots, In answcJ to (~'Oi11mISSlOner Skrobarczyk's questIon, Ms, Goode-Macon stated that the boat storage IS compatIbk With me "B-4" distrICt. CommlSSIOntT lam. Ira slated he \\ as m favor of the removal of the building pad but not in favor of the storage req LIes! Gus Leona", 4647 Snug Harbor. (orpus Chnstl, Texas stated his opposition to the storage area and be]le\ cs it IS a safety hazard, MI, Leonos suggested appro va] of consolidation of the lots and allowing the neIghbors tu dISCUSS a so]utlon for the storage lot. Mr. Leonos stated that the storage was a temporary solution to the problem. John Sloan, PresIdent of Harbors' AssociatIon, Corpus Christi, Texas stated that he was the owner of lot 5 and IS in favor of the proposal. The boat storage area will temporarily solve the parking of the boats and boat trailers. ,,\ large portion of the boats owned are in the water and the subdivision has allowed indIviduals to screen theIr boats on their property, however, the main issue is the boat trailers. There is no property on the subdivision owned for permanent boat storage but the association has received pennisslOll from the O\\l1er of Lot 3 to utlllZc that lot for boat storage until August 31, 2008. The size of [,ot 3 \\ 11 hold a ma\ lr11UTIl nf ~-l 0 traller" ["here IS a current problem of residents parking their boats on the strt'L't ,1l1d the suhJI\ ISlPn has no \\a) ot policing that. The lots In the subdivision are approximately ,.+5 feet .\ ,de and \\ Illlwt pluvlde adnluutc ~puce for parkll1g I'he deed restnctions and lease instructions prohibil nerythmg hut hoa' traIlers I H..commend approve of this requL'st as submitted, In answer tn ('ol11n i1SS10ner Zamora question, Mr Sloan stated storage would be on a first come, /lrst serve baSIS and the Board of DIrectors had voted on approval of]t. Mr. Zamora stated that this appeah tl> be temppran stor-age solullon \ Ice-( 'halrlllJn Gal za stated he W,b In favor of the PI I D-2 request but does not believe it is right TO appn', t' the sturage r'.'qu.,'st. As the n's1 of this PI'!) develops. the boat storage will become a problem, In answer to Comnl1sslOner Pusley s question, Ms, Goode-Macon stated that the "B-4" zoning does not allo\\ outSIde storage, Comm]ssloner Pusley stated he didn't believe the boat storage fit within the subdl\IS10n (t)mmlSSlOner Hra,,dton staled that the assoCiation should be lfl control of the boat trailers. 10m Riley (owner )f Lot 871, 726 (rown Harbor. Corpus Chnsti, Texas stated his agreement for the proposed PUD hut has ~, problem WIth the storage and do not believe it should included in this request Public hean ng,vas closed. l\totion tor approval of PUD-2 to allow for boat storage on Lot 3 expiring on August 31,2007 and removal of building pad site was made by Commissioner Pusley and seconded by Commissioner Martinez After further d]s,ussion, ( 'ommh.slOner Pusle) withdreW hIS motion, i\lotion for approv,J of rcmo\al of budding pad site was made by Commissioner Skrobarczyk and seconded hy CommlSSIOne! Zamora MotIon passed una111mouslv H:\PLN-DIR.SHAREII\(ic\ II' WOR, )\AGENDM FM\2(Ji)(,''vlarch\O,lOll-04 MInutes xcerpl.doc Page 1 of :3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI AND THE HARBORS HOMEOWNERS' ASSOCIATION, BY CHANGING THE ZONING MAP IN REFERENCE TO PORTO BELLO SUBDIVISION (THE HARBORS), BLOCK 1, LOTS 1-70 AND 70A-150, FROM "B-4" GENERAL BUSINESS DISTRICT WITH A "PUD-2" PLANNED UNIT DEVELOPMENT 2 TO A REVISED "B-4" GENERAL BUSINESS DISTRICT WITH A "PUD-2" PLANNED UNIT DEVELOPMENT 2; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The City of Corpus Christi and the Harbors Homeowners' Association, 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, March 22, 2006, during a meeting of the Planning Commission, and on Tuesday, May 9, 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 ctm-st+-anG-its--c-ffireRs-. .. _______ 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 Porto Bello Subdivision (The Harbors) , Block 1, Lots 1-70 and 70A-150, located west of U.S. Highway 181 and West Causeway Boulevard, east of Rincon Road and Canal A and south of Nueces Bay from "B-4" General Business District with a Planned Unit Development 2 (PUD-2) to a revised "B-4" General Business District with a Planned Unit Development 2 (PUD-2). (Map 044049) (Exhibit- PUD-2 as Requested) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H :\LEG-DI R\garyws\garyws\agenda '2006\05.09\0306-04zoningregula r,doc Page L of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached. the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 9th day of May, 2006. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi Armando Chapa City Secretary APPROVED May 4, 2006 "Ii ,,/:'} } Id-IL Ga W'. Smith Assistant City Attorney For City Attorney H:\LEG..DIR\garyws Igarywslagenda\2006\05-09\0306-04zoningregular ,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, City of Corpus Christi -----..-.... ..-.--.------.--- --- ..------".-- ----_..- ._..._..._-_._-_._~-_._..- ~--- Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H :\lE G-D I R\garyws\garyws \agenda \2006\05-09\0306-04zoningregular.doc 18 \CENDA :\1EMORANDLM PlTllUC HEARIN(' - IONI.\IC ,( It' (ouncll\L'tlun nate 5/9/(6) Case No. 0306-0S-lJnited Rentah: A /(lnll1g changc tram an "1-2" Light Indushial District to an "1-3" Heavy Indu:.1T1al Dlslnct The poperl) h':ll1g ()~43 square teet oul ot Holly Industnal Subdivision Lot 6, Bohemian Colony lands :-;Cl'tlor 3. ,)catcd 0'1 the '.:ast side ot\vcrs Street bet\\een Gibbs Street and Holly Road Planninl! Commission and Staff's Recommendation (3/22/06): Denial of an "1-3" Heavy Industrial District, and In heu of, approval o'a SpeCial Pcnlll!, 654,) square feet in area. for one (1) 2,000 gallon above ground fuel 'an~; for the sh'ra!!e, dIesel j leI. "'Ihlcct to a SIlL' plan. and approval of the Fire Marshall and Zoning Board or Adlw,tmC1l1 Requested Council Action: Dema] oj an "1-3" Heavy Industnal District, and in lieu of, approval of a Special Pem,it. (,54 ) square reet In area, j,)r \lIlt' i, I) 2,000 gallon above ground fuel tank for the storage of diesel fuel, subJ\'l.t f" aqtc plan md apprnval of the Fire Marshall and Zonmg Board of Adjustment Purpose of Request \lIew for one ( 1 ! aoo'e ground fuel tank for diesel fuel Summan: . Appl1cant IS requestin~, a change ot ,70nll1g to an "1-:1" Heavy Industrial District to locate one (1) abow ground fuel tank for diesel fuel Capacity ot'the tank IS 2,000 gallons and the containment facility is 6543 square feet Il1 area . The "ubject property includmg 1 he o\erall site IS currently developed as a general rental store. . The Southslde .\reel o,'ve]opment Plan Future Land \ Ise Map recommends the property area to retain Its "1-2" light [ndustnal Distnct c1ass1flcation · The proposed ab()\e ground fuel tank is not an allo\ved use III the "1-2" Light Industrial District. . The requested "1-.\ ' Dstnct Itsh ahove ground fue! tank for storage oft1ammable liquids. Such use is claSSifIed as an Objectionable lses that may be located within an "1-3" District after approval by the Zonll1g Board 0\ r\dju--;tment and the lire Marshall. A SpeCial Permit in lieu of an "1-3" Zoning D1--;tnct could alcommtJdate an 3bo\e ground fuel tank. . If an "I-J"' [llstnct or SpeCial PcnTIlt IS approved. tht' location and installation of the fuel tank on the sIte 1--; subject to meeting state and local fire code requirements and approval by the Zoning Board of Adjustment as an objectionable use · Access for the subject property is proVided along Ayers Street. .\genda \ktn(lrandum l ase N(l ,) ;" 11)-0-; (l nJ1l',' KtnUi Page 2 Applicant's Position: I'he appl1cant IS 111 agreement \vlth recommendation, Notification: Of the four (~) notIce~ mailed to the sUIToundmg property owners, zero (0) were returned in favor and III oppositIon The 20% rule is not invoked. This easel. considered nonC,ontroverSial. , ' , . d,4 (. .( \ i '0{/~VhyN-V, / Michael N, Gunning, AICP c\sslstant Director of Development Services MG/FC iMals Attachments: 1 ) Zoning Report 2) Plannmg CommIssion Mmutes n 22/06) ),) Ordinance H\PLN-DIRSIIAREDGall '\"!URD '. \GENUM 1'1\120UfJ,\larch\030()-()5 A(iENDAMEMO,doc CITY COUNCIL ZONING REPORT Case No. mO(l-O" Planning Commission Hearing Date \1arch 22. luO() '; bL ~ s:: ..... e ~; c. .... .- c ~ co:l ~ t.I '" .- Q.; 'a~ c. < Applicant Umted Rentab Owner: Arnold Brothers Properties Agent Sam (lrta Propert~ Area: Being 654,") square feet out of Holly Industrial Subdivision Lot 6, Bohemia Colony Lands, SectIon.) located on the east side of Ayers Street between Gihbs Street and Holly Road From: "1-2" Light Industrial District ... fI) QJ ;. To "[-?' Heavy IndustrIal Distnct QJ c.::: : Area tJ54,3 ~quare feet .- = c N Purpose of Request: Allo\', for one (I) above ground fuel tank for diesel fuel fI) QJ fI) ;J "0 = co:l ...;l "0 = co:l ~ = .- = o N bL .5 ... <Il .- Ol<l ~ Use Future Land Use e Light Industrial -- Light Industrial Light Industrial -- Light Industrial Commercial ___..._____L-.....-_ -- -~-~~~irti~gL~~d.. , C:;eneral rental stor Sitl.:' _ ~~ninL "].2" Light Industnal District "J-2" Light Industnal District ..., -+.. - -------~-..---- ! l.ight Industrial ')'0111 h -------r--- . .- Industrial' Light Industrial "1-2" Light District ---..-..----- - ']-2" Light lndustna District "13-4" (Jeneral Husll1ess District Easl Undeveloped -~ We.\! Undeveloped ~ ~ Area Development Plan: Southside-The future land use map supports light industrial co:l e :;.~ uses un tllC subject propert \ :\ Special PCllllit could accommodate the proposed use. ~ Map 0480)8 ~] ~ > Zoning Violations: None ~ ioning Repurt ase No !!3i16-0~ (l nlted Rent,lIS) i'age 2 .... a.. ('1:1 E E = rJ) '" ~ ('1:1 .... rJ) · Appltcant! S rt'questmg a change of zonmg to an "1-3" Heavy Industrial District to locate one ( !) abu\(~ ground fuel Lmk !{1I dlese] fuel ('apacity ofthl' tank is 2,000 gallons and the contamllll'nt tu,;ilit~ I~ ')54\ ~qllare feet It1 area, · rhe~llbJc, i pi tlpert\ m.;ludlt1t-( the overall site IS CU[Tent]~ developed as a general rental store. . Ihf S()llth~ld, Area Develupment Plan Future Land Use Map recommends the property area tu retam It-; "I 2" Light Industnal DIStTlCt classification, . The proposed Jbove ground fuel tank is not an allowed use in the "1-2" Light Industrial District . The requested'I-J" DlStnct lists above ground fuel tank for storage of flammable liquids. Such use IS classified a~ an ObJectionable Uses that may be located within an "1-3" District after approval by the Z@ing Board of Adjustment and the Fire Marshall. A Special Permit III ]Ieu of <111 ".}" Zomng District could accommodate an above ground fuel tank. . 11an '13' Dr.,tnct or SpeCial PermIt is approved, the location and installation of the fuel tank on the ,site IS ~ubject to meetmg state and local fire code requirements and approval by the Zonmg Board of AdJustmenI as an objectionable use, · Access for the subject property ]s prOVIded along Ayers Street. ~ o ~ .... G.l Q"l a.. .... rJ} Street . --Typ~------ ,--- - Paved Section Volume 2001 64' 22,150 a,d.t. \yers Street Arterial ~--~ i 95' R.O.W. lE.a~ement I I wi '" .... = =.... ==~ 00 l'he subject property IS pan of a platted lot Zonmg Report Case N" 0'06-1)) <1 imtni Rentals i Page 3 '" .... = QJ E E o ~ .... :: QJ E .... lo.. ec Q., Q,j Q · i\hO\\' ground fuel tanks requtre an "I-\" Hea\y Industnal District and further approval by th,: ;I1nmg Hoard ol,\dJlIslment as all ohwetlonahlc use · lhl: plUposcl "1-_;"' Dlstr:l: \\ ould .1110\\ lur the above ~round fuel tanks on a small portion (654 1SliUaJ fecl) 01 thc '..':]1 Ire buslI1css sllc · A SpeCIal P~Tmlt. In 'leu lit thc "1-3" Hea'.)' Industnall hstnct, on the pad site per the site plan and me; es and bounds description would accommodate the accessory use of a storage tank as n'qut'sted by the applIcant \\lthout unnecessarily creating opportunities for other lIlcompanbk hean mdustnai uses · rile appilcant notl11ed stan that that a pre-submissIOn meetmg with the Fire Marshall occurred to Identify an acceptable locatlOn for the proposed tank. = .~ .... ec "C t: = ec QJ - E VJ E o (,j QJ " Dellla 01 an'I-' Hea\y Industrial Dlstnet. and In heu of, approval of a Special Permit, 654.3 square fed III ar.:a. flll onc ( ! ) 2.000 gallon abu\c ground fuel tank for the storage of diesel fuel, subject to a sIte nlan. and appn'\ al of the FIre Marshall and Zoning Board of Adjustment. :: .~ :: .... t:)t).5: -oe'a = "J .... "J :: =.... Q,j = E E .p. e := _ 0 - U ;3 QJ ~ Denial of an'{-;.' Heavy lndustnal DistrIct, and m lieu of approval of a Special Permit, 654.3 square feet iii area, for one ( 1 ) 2,000 gallon above ground fuel tank for the storage of diesel fuel, subject to a sIte plan, and appnnal of the FIre Marshall and Zoning Board of Adjustment. fIl -"0 :: QJ Q,I .. e "Qj e (,j o Q,j U" Number or NotJu~s Mailed Favor - I) Opposition- 0 (As of Apnl 1 L 2006J , ~ Attachments Zonmg Map S1te Plan 'I:\Pl N-])!F "IIAF!I. Ij,\1 '.\llRl 70NFPT" :0\1', ~Lir,h.('('I)'II!1-[)' FI'PORI"'H :B~,~ It.o ' 'l.{ '. " y~ O..ql) ALEX5-MARCH-06-06 (E;J ~\ BE '='~~~~ G/& f)" _ 00' . r t:r 12 t?/ I?/c ...... Iyr~t:r ........... , ,Dt:r"i0, '~ "1G~ ............... '. ~It''''''''''' -.......,./ ....~ '-........' ......, ....... / \ \ -"- ............... ~ / / .E~2, / , , \ , ~Q3Q~~QS I NOT:ECB MA~ I 8-1 Neighborhood BUSlOess District 6-1A Neighborhood Business District 1-2 Light Industrilll District farm Rur..1 Ol:s.lric. ~.Th uwnhoulte Ow;'lllng tils,f,. e.-2A BOJrrier Island 8USlness District 1-3 H..vy tnduslrial District SP Special Permit PUD Planned Unit Oev.'opment He Hislorical~ullura' landm.rlr. Pres.ervation Rt: Rttstdentiill Estate Ui:r.lrkl R-2 Multiple Dwelling Oislrlf;l 1: -1A (iI'W'el Trailer ParI<. Qisl,_c; "{A One family D""Uing District q, A One Famity Owefling Oi.,,.;(1 R.'8 One family Dwelhng Di.trict q, ~c OM f.mil, Ow.Ding mal,iel B-2 Bayfront Business District r-16 Manufactured Home- Parlo O,strict 8-3 Busines5DistricI N ... w...I~~ii:':;~i ~ E L;;~'''::':J ,,- S 150 300 Feet 80 Corpus Christi B.~ch OesiGn Districl City of Corpua Christi TX T..1C Manufactured Home Subdi'<lision District A.1 A~rtm.n1 Hous.e Districl A.1A Apartment House Distract B" Gen.r.' Busin.... District A-2 Apartment House District B.5 Primary Busines5 District A.T Apartm.nt.TourI$IOi5tflC\ B-6 Primary Business Cor. District Limited Induslrial Distrtct AS Prote5s;on~1 OHi~. Otstncl ~..~~. ,-, --e o ~h~~<S<S~~~ ~~.~~ \\\-.\)~.'J1'i (-30' Ml>6 5tu/~ (;-,476 \ \--~/NI&II C,L N2<:JoaWE ! F=6/V~5 :t\= -- --~ t"'tl ,:t t.. r . 0-- Ul~Qt '~, ~ - - . . . ell \7- \ nVl )> - '--1 m m . . -- II -0 ~I ~> ~Z < . Oi . . "'"'1 l..-'l ~ () ~ " ,~ l- i ~. ,..- I, ... . . 1 . ~ ~ ~ t", ':'(~ l::... .~~ ~~ u.~ .~~ -a~ 94;9' u ~ ~ "' I'll r- I 1 6 " ~ ~ 01 ~ t:l ': ~ 9r, l> ? 'S\ ~ \3 S2\ ~ ~ s::. 7G . Z ~~ iw i ~ .~ l \1 I 'r I - 'N\ I . I , QA- [:.e ':6 3c{v ,~o~~- \c . . . . - ." . . :. ~ MINlJTES RE( aJLAR PLANNING COMMISSION MEETING Council Chambers- City Hall \" ednesday - March 22, 2006 h l/,1Ch-05 IJnlled Rentals: From "1-1" Light Industnal District to an "1-3" Heavy Industrial Disti!fL_____ --~- ..f,9 Jeres out of Holly Industnal SubdivisIOn Lot 6, Bohemian Colony Lands ')eCl!On 3, located on the east side of Ayers Street between Gibbs Street and !Iolv Road Public hearing was opened, No one In favur nr OpposItion Puhllc heanng was llosed, MutlOn for approval was made by V Ice Chairman Garza and seconded by Commissioner Salazar. Motion passed unanimously H PLN-DIR\SHARf'D\r;AII \\()RD \GEND'VlI'.\l ~(I(I(,March\()306-()5 Minutes ExccIVt.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY UNITED RENTALS, BY CHANGING THE ZONING MAP IN REFERENCE TO 654.3 SQUARE FEET OUT OF HOLLY INDUSTRIAL SUBDIVISION, LOT 6, BOHEMIA COLONY LANDS, SECTION 3, BY GRANTING A SPECIAL PERMIT FOR A FOR AN ABOVE GROUND FUEL STORAGE TANK, SUBJECT TO A SITE PLAN AND THREE CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of City of Corpus Christi, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 22, 2006, during a meeting of the Planning Commission, and on Tuesday, May 9, 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 an above ground fuel storage tank on a 654.3 square foot area, subject to a site plan and three (3) conditions (currently zoned "1-2" Light Industrial District), located east of Ayers Street between Holly Road and Gibb Street (048038) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following three (3) conditions: 1. USES: One (1) 2,000 gallon above ground fuel storage tank for the storage of diesel fuel. 2. TANK REVIEW: The above ground fuel storage tank is subject to approval by the Fire Marshal and Zoning Board of Adjustment. 3. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined H :\LEG-DIR' SHARE DlGARYSIAGE NDA \2006\OS-09\0306-05Z0NINGORDI NANCESP. DOC Page 2 of 3 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 9th day of May, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor. City of Corpus Christi APPROVED May 4, 2006 Oil.. ,hoJ1n"U ________ ~ Assistant City Attorney For the City Attorney H .\LE G-OI R\S HARE D\GARYS'AGE NOA \2006\05.09\0306-05l0NI NGOROINANCESP. 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, 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- DI R\SHARE D\GAR Y SIAGE N DA \2006\05-09\0306-05Z0N I NGORDI NANCES p, DOC llll U.IIAN ENGINEERING March 21, 2006 .Job No. 40521.00.00 \.~._-_._._.. .,,~ I )854 3 o BOX (,c55 . _ ORPUS CHR!S;i Tl'XAS 78466-6355 FAX (361 )854.600 1 Exhibit A 654.30 SQuare Foot Tract State of Texas County ofNoe(es Fieldnote!\ for the rezoning of a 654.30 square foot tract out of Lot 6, Holly Industrial Subdivision, a map of which is recorded in Volume 22 Page 37, Map Records ofNueces County, Texas; said tract being more fully described by metes and bounds as follows Beginning at a point for the north cmner of this tract, from which point the west comer of Lot 22A, Holly Industrial Subdivision, a map of which is recorded in Volume 54, Page 66, Map Records ofNueces County, Texas, same being the north comer of said Lot 6 bears North 28028'57" East 34.50 feet thence, North 61030'00" West 258.57 feet~ Thence, SOUIh 61030'O(r' East, a distance of29.08 feet (no monumentation found or set) for the east comer of this tract~ Thence, South 28017'57' West, a distance of22.50 feet for (no monumentation found or set) the south comer oftrus tract; Thence, North 61030'00" West, a distance of 29.08 feet (no monumentation found or set) for the west comer ofthis tract; Thence, North 28028'51" East, a distance of 22.50 feet to the Point of Beginning and containing 654.30 square feet afland. Bearings arc based on the recorded plat of Holly Industrial Subdivision, a map of which is recorded in Volume 22, Page 37, Map Records ofNueces County, Texas. Unless this field notes description including preamble, seal and signature appears in its entirety in its original fonn. surveyor assumes no responsibility for its accuracy, Urban Engineering ~~2~ J n J_ Sal ~ R.P.L. License No. 4909 2725 SWANTNER Dr . CORPUS CHRISTI TEXAS 78a04 S:\Survevmg\4052 l\fu4052 I OOOO,dQC Page I of I - mc1d@Jurbonengcorr ~ Ctt4et:- O~O~~OC:; ~O~~ HdS~:E 90G-~0-S i N " '\ (; ~ +' II) en o .... <..} '0 1Il (II o ~ o L 0- SITE -.,' . '\ \" '\. \ . ---- , ---__...4 I (/) ~J ... W W g; U1 ,___._. . (f'; Q: ~ <( , '-:"11 ___'n _. ---""1 I , Ii' , I, : j I , II J I. I 'Ill , 'M ~\I al: ----"- .~---) t ,I '\,,\\1: ,. ,.' ~ "----- ----.. H.9~~:V:. RO~p " T7~ ] I j ~ I ; i I ' , I ,. .__." _-:..-1 ~ :_~.'~""~..:m,i:-~ -~- , I i -"f~'~" _.D8l\E I ----~ n__.L. ~......i__~__L.." I ~ ~\ClIIlIr . ." '-- .-- , ; I ~ : i j I'" L_______ I, L ___,~"..J_,.J.._~i.-.!...-...... ~_~,_~.J..._~ _ ........ , , ...~.- _ L_ ,.;...1 -l-.. ,., LOCATION MAP N.T.S. Lot 22A Holly InduWlal SUbdJWIIon Vol. 54. Pg. 88. Map Rec0rd8 of Nuecee County. TelCCI$ N61":SO'OO"W 258.57' ',- No Manum., tMlon Found ~ Set lot Un. -tJ Ii ~j l!i ~Iil <"" Point of Beginning I I t'1 " 0')1. . 0 ~I~ ZI I I 561.30'00"( 29.08' LotS Holy Induetrld SUbdM.fcn VoL 22. Po. 37, MQI) Recorda of Nuecee County, Tex~ Found or Set No Morlumentotkln No MooumentatlOfl Found or s.t ~ "- ~~ CD. ~f;:j ('of z 654.30 SQ. FT. ~ rii-o icU1 Nti ~ CI) No M<lrllJm.,totIOll round or Set N61.JO'OO-W 29.08. No Motlum.,tatrOfl Found or Sot ~ ' " , I GRAPHIC SCALE 1-=20' o 20 I, 'F Exhibit B Map to Accompany nELDNOTES for the rezoning of (l 654.30 square foot trtlct out of Lot 6, Holly lndusb;ol Subdivision, Q mop of which ;3 recor"ded in Volume 22. PQge 37. Mop Records of Nueces County. Tele08. DA 1[: MAR. 21. 2008 SCAI E; 1..20' JOB NO.: 40521.00.00 SHEET: 1 OF 1 DRAWN BY; DL ..-7.....t'1 ..-, '7 /1/. _ ..r'1c:' HOdel Hd917:E 90C::-170-S 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by the Human Relations Department on the City's ADA Title II Transition Plan and the City's Non-Discnmination Ordinance, STAFF PRESENTER(S): Name 1. Leon Bazar Title/Position Director Department Human Relations ISSUE: The City Council is to receive quarterly updates regarding the efforts made under the City's ADA Title II Transition Plan and the City's Non-Discrimination Ordinance. BACKGROUND: Please see attached REQUIRED COUNCIL ACTION: None at this time ~ /f ~ - 1'mj. .- !)~/\J Leon Bazar Director of Human Relations Additional Background XX Exhibits BACKGROUND INFORMATION Recap of Title II Transition Plan Progress Americans with Disabilities Act (ADA) The City of Corpus Christi's Title II ADA Transition Plan consists of accessibility improvement projects for cross-disabilities through the removal of barriers for access to public programs, services, and activities, The ongoing Title II Transition Plan efforts are presented by the foHowing categories of Public Facilities, Public Programs, Site Development, Outreach, Citywide Curb Ramps and Individual Curb Ramp Requests: I. Public Facilities The City's Engineering Services Department completed the contract for the initial projects identified in the City's 2002 self-evaluation, in which improvements were made in 26 City public facilities to improve such areas as restrooms, parking spaces, signage, ramps, railings, thresholds and doorways/entrances, The City through the Committee For Persons With Disabilities has begun work to update the transition plan document and further monitoring, II. Programs A. Police Department The Police Department, with input from Municipal Court and Human Relations, has been working on a proposal for a voluntary ADA parking monitor program. III. Site Development Employees working in the areas of accessibility compliance, plan reviews and facility Inspections and projects will continue to be rotated into the State of Texas' training academy on Texas Accessibility Standards through the Texas Department of Licensing and Regulation. One staff member from Human Relations is scheduled to attend the next Academy class, A total of 6 employees have completed the Academy training program IV. Outreach The promotion of accessibility awareness is a continuing effort. Monthly employee training classes Include segments on diversity awareness, sensitivity training and People First Language training. Similar training segments are provided during supervisory training programs throughout the year in intervals approximately 6 to 8 weeks long, Annual ADA compliance training is provided for public entities, public businesses and the City's departmental ADA coordinators. Quarterly scheduled training and technical assistance sessions with Mr. Aaron McCullough from the Disabilities Law Research Project were held in November over a three(3) day period for various City Departments and Leadership. The focus of these sessions involving the Department ADA Coordinators included review of the progress of each department relative to the Transition Plan. Additional technical assistance sessions were held with Legal, Engineering Services, Human Resources, Parks and Recreation, and Human Relations. Mr McCullough also reviewed pending accessibility complaints and City Hall accessibility and made recommendations, V. Citywide Curb Ramps There are 24 defined projects related to ADA curb ramps or path of travel under Bond 2004. Of which 17 are in the design phase and 7 are in the preliminary project phase. Utilizing TXDOT, CDBG, Bond 2000, Bond 2004, and Drainage CIP 2004 funds, the City of Corpus Christi will have expended approximately $125 million impacting accessibility for persons with disabilities in our community. Non-Discrimination Ordinance Summary on Complaints Based on Disability By Category A Under the category of "Investigations of all complaints received regarding discrimination by a place of Public Accommodations", there have been 2 disability complaints filed: 1 . Apartment Complex Issued tenants notice regarding removal of barriers on walkways 2. Political Office Added accessible parking, accessible door-bell, and removed obstructions from path of travel 3, School Coordinated with district administration in resolution of allocation of accessible parking, B. Under the category of "Effect on Other Governmental Entities", there has been 1 complaint that was referred to the appropriate agency/entity: 1 . School District campus needs to allocate accessible parking between staff and parents C, Under the category of "Investigation of all complaints received excluding People with Disabilities from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program activity operated or contracted by the City of Corpus Christi", the total number of disability complaints is 642 for this Quarter: 1. Complaints (512) for Engineering Services related to compliance and/or existence of curb ramps, detectable warnings, off-spec detectable warnings, and detectable warnings at hazardous vehicular ways. 2 Complaints (107) for Parks & Recreation for accessibility to and in City Parks 3. Automated Trash Carts Citizens who are unable to take the trash cart to the curb for automated trash pick up service may request a reasonable accommodation for "back door" service. Since the adoption of this ordinance, the City is providing 143 accommodations through an alternate trash pick up service for citizens with disabilities. This includes 9 requests for this Quarter. NON-DISCRIMINATION ORDINANCE UPDATE: Other than ADA disability related complaints and concerns, the Human Relations Department IS also responsible for enforcing the non-discrimination applications relative to employment and fair housing. The Human Relations Department has contractual agreements with the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD). During this Quarter, 11 EEOC Employment discrimination cases were resolved and closed, Of these, 9 were No Fault Settlements resulting in eitherre-instatement, monetary settlement, neutral Letter of Reference, or required employee and supervisor training. We currently have approximately 78 EEOC employment cases in the Investigative and/or mediation stage. Race/national origin constitute 66% of statute/basis for discrimination charges, One Fair Housing case was closed and two other housing complaints were resolved alleging harassment of tenant with disability and unequal treatment of tenant with a disability. We currently have 10 fair housing cases in the investigative and/or mediation stage, in both contracts case closures require the local Human Relations staff to conduct investigations, on-site visits, obtain witness statements, review related documents, and mediate and negotiate settlements when appropriate. Additional steps could include the issuing of subpoena and temporary restraining orders when required. The department receives the support of the Corpus Christi Human Relations Commission (CCHRC) in review and approval of legal process steps. Human Relations Department · ADA Compliance · Non-Discrimination Ordinance Quarterly Update May 9.2006 . . . . .. @ Accessibility Improvements In Public Facilities · Engineering Services has completed the barrier-removal project for accessibi lity within 26 City public facilities. 2 · Committee For Persons With Disabilities, in coordination with Engineering Services, reviewing prioritization of street and curb ramp work identified in the Transition Plan City of Corpus Christi n ~ ility Improvements blic Programs A -b ,..,., ".... . if"'tI ,... . \.,,, e ,:) .;:) I . Pu I Police Department, with input from Municipa Court and Human Relations, preparing proposal for Voluntary ADA Parking Mo program. itor 3 n ty of Corpus Christi . c Accessibility Improvements in Site Development . Identify participants for attendance at the State of Texas Academy on Texas Accessibility Standards through the Texas Dept. of Licensing and Regulation (TDLR) . One staff member from Human Relations scheduled to attend the next Academy class. Six employees have now been rotated into this Academy. 4 ty of Corpus Christi C · Continuing training for new employees, Customer Service employees and participants of Supervisory Training for diversity awareness, sensitivity training, and People First language training. · ADA Technical Assistance and training for City departments ( 3 day period) was conducted by Aaron McCullough, ADA Specialists with Disability law Research project. 5 Corpus Christi City of A. -b-'-t I it f ,... " ~ <<", .. ,." ... . """ ... "'", ... .... ... """..,... """"" J"" \" ,-,. C .~ .;;:) I .... j.Y I m tJ. u v erne I I L'::>> V. Citywide Curb Ramps . on 6 Currently have 24 specifically defined ADA curb ram p projects or ADA related path of travel projects under Bond 2004 As of January 31, 2005, 17 are in design phase and 7 in preliminary project phase Utilizing TXDOT, CDBG, Bond 2000, Bond 2004, and Drainage CIP 2004 funds, we will have spent approximately $125 Milli on ADA improvements on cit streets City of Corpus Christi Total of 645 Ordinance complaints based on disability for this Quarter - 2 on Places of Public Accommodations (Public Businesses). 1 referral to Other Governmental Entities. on City Public Facilities and Programs, of which 9 were on the use of trash carts for automated trash pick up services. Significant increase - 142 complaints from Feb. '04 to end of April '05 versus 865 from April '05 to January 31, 2006. 7 City of Corpus Christi 8 Types of Accessibility Complaints - Curb Ramps Not Compliant or Existent - Detectable Warnings Not Existent - Hazardous Vehicular Way Not Identified - Off-Spec Truncated Domes in Use - Accessible Parking Not Compliant or Existent Parks Not Accessible City of Corpus Christi Apartment Complex ... issued regarding removal of barriers. Political Office... added accessible parking, accessible door-bell, and removed obstructions from path of travel. School ... coordinated with district administration in resolution of allocati accessible parking 9 tenants notice on of City of Corpus Christi epartment also responsible for rimination applications relative ." housing, and places of public 10 City of Corpus Christi · Compliance Officers' investigative plans include request and review of related documents, witness interviews, on-site visits, issue determination, mediate, and negotiate settlements. Some cases may require issuance of subpoena and temporary restraining orders. · Department receives support of Human Relations Commission and Committee For Persons With Disabilities. 1 1 City of Corpus Christi . 11 EEOC Employment discrimination cases resolved during this Quarter .9 were No Fault Settlements resulting in reinstatement, monetary settlement, neutral Letter of Reference, and/or required Supervisor and Employee Harassment and Non-Discrimination training . Race/National Origin constitute 660/0 of Statute/Basis for Discrimination charge · Currently have approximately 78 EEOC employment discrimination cases in the investigative and/or mediation stages Cit · Closed one HUD Fair Housing case and two housing complaints this Quarter · Complaints included alleged harassment of tenant with disability and unequal rent treatment of tenant with a disability · Currently have 10 HUD Fair Housing cases in investigative and/or mediation stage 13 the City of Corpus Christi information: City of Corpus Christi Human Relations Department www.cctexas.com (361) 880-3190 TTY (361) 844-1759 For more 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Northwest Branch Library Expansion and Renovation STAFF PRESENTER(S): Name Title/Position Department 1. 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Ore:anization 1. Ray Torno 2. Architect Solka Nava Torno Architects ISSUE: Northwest Branch Library bond program. BACKGROUND: In November, 2004 voters approved a $2 million bond issue for the expansion and renovation of the Northwest Branch Library. Design work has been completed and the City will be advertising for bids in mid-May Construction should begin in early August and the project IS schedtded to be completed by the Summer of 2007 REQlllRED COllNCII ACTION: Award of construction contract should take place in late June or early July. /' #L<~-./- Herb Canales Director of Libraries Exhibits Attached NonhweslllllralY EXDlnsion Cill Project # 4319 Bond 2004 Project ,~ -------- '~ II millll.. ff)[f@[]]oorn~ Site Plan Northwest Library Expansion - 20' If 4' 0 10' 20' 40' .;;l5;l'.....__ ~.~ GRAi"HC SCALf 1 " ~.."".... " \ ; '. / "N.. TRUE ~~ SIIIIiITIQ7DDIII -0' 20' May 9, 2006 Site Plan - Alternates No. 3 & 4 Northwest Library Expansion - - 20' If 4' 0 10' 20' 40' ~". , , , , , N TRUE jJ[hiill:W'~ alJlmj\!ILTlIIII 20'-0' 2006 May 9, Existing Library Exterior SIIUI121!11Jl..1 tI.. FI8Ir PlaR Functional Improvements · Improved circulation and interna traffic flow for patrons a nd staff · Better staff visibility and control from circulation desk · New main entry is closer to main parki ng a rea · Full TASj ADA accessibility and compliance · Expanded children's and adult collections and activity areas · Improved control of public computer work stations · Enlarged meeting room with improved acoustics Larger public restrooms and addition of children and staff restrooms New HV AC system for better humidity/temperature controls and code compliance New lighting, electrical power, computerjcfata, telephone and security systems . . . . '---I ~L_~_J__~ ~__L_L~ :- - - - - - - _UtU- - - - -_: ~ ~ I 'ENTRY 1- _I 1J~ SllIIm:I[lffilllIl May 9, 2006 New Exterior E- t~ ~- . , . .. ~'t"". ~.~.'''..j.. .';,. "\iIf.: . ~ ~"1';' i1mtlli~ SllUm\~illII.I' 2006 May 9, Pro_ Ori na Buildin Addition/Renovation ~_._-_._---- -...------....--, . Completed 1982 . Scheduled Completion May 2007 . 7,500 SF + 700/0 . 12,750 SF . Cost $422,046 . Budget $1,303,362 . Adult Area 2,965 SF +530/0 . Adult Area 4,550 SF . Adult Shelving 2,835 LF + 11 % · Adult Shelving 3,158 LF . Child Area 1,238 SF + 1570/0 . Child Area 3,188 SF . Child Shelving 1,134 LF + 600/0 . Child Shelving 1,818 LF May 9, 2006 SIIIIm.\[ITDI.I 1}0\!w~ 21 \.GENDA MEMORANDUM DATE: May 9, 2006 SlJ8JECT: Temporal'\. Site for Nortlnvest Branch Library Operations AGENDA ITEM: R.esolutiUJ1 authorizing the City r'vlanagcr or his designee to execute an Interlocal Cooperation Agreement with the Calallen Independent School District by which the District provides a temporary site for the operations of the Northwest Branch Library while the Northwest Branch Librarv site undergoes expansion and renovation. ISS U E: In Novembec 2004, the voters approved $2 million for the expansion and renovation of the Northwest Branch Library. During expansion and renovation the library will be closed for about one year. The Calallen Independent School District is offering a temporary site at the former Annaville Elementary School, located at 3901 Cliff Crenshaw Road. The total space availahle to the City is 4,500 sq. n City will be given access to parking and will pay a portion of electrJci1\ City \vill nol pay a lease The library \.vill move to this temporary location at the end of Julv followlllg the completion of the Summer Reading Program. The School Board of the Calallen Independent School District has approved the InterIocaI Agreement. Attached is a map showing the existing location and the temporary location. REQUIRED COllNCIL ACTION: Interlocal Cooperation Agreements require City Council approval. RECOMMENDATION: Staff recllmmends appro \ al oflnterlocal Cooperation Agreement -d~ t:--~L--- Herb Canales Director of I. ibraries ~ ns ...... c: (1) E Q) - w (1) - - .- > ns c: c: <( 0 en ...... Q) c: ~ 0 .- ...... C\I ns I (.) II 0 - Q) (1) () 0::: c CO ~ -fooJ en ns 0 '- 0 Q) Q. > E ro So.... Q) I- .- ~ '- ns '- ..c .- ...J ...... tn (1) ~ .c: ~ 0 Z CALALLEN INDEPENDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI INTERLOCAL AGREEMENT TO PROVIDE TEMPORARY SITE FOR THE NORTHWEST BRANCH LIBRARY WHEREAS, the votcrs of Corpus Christi approved a $2 million bond issue in November, 2004 to expand and renovate the Northwest Branch Library on 3202 McKinzie Road; \VHEREAS, in the spirit of cooperation, the Calallen Independent School District (District) will provide a temporary site for public library services while the Northwest Branch Library undergoes expansion and renovation, from about August, 2006 through August 2007. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. The District will lease rent-free to the City of Corpus Christi (City) a portion of the Annaville Elementary SchooL located at 3901 Cliff Crenshaw Road, known as "the cafeteria" for approximately one year for temporary public library services while the Northwest Branch Library (Library) is expanded and renovated. The cafeteria and two adjacent restrooms are approximately 4,500 sq. feet. 2. Librarv is expected to move some time between July 15 and August 1,2006. 3. Library will for pay for electricity it uses during the lease period. District will bill City thirty- three percent (33%) of the monthly electrical bill for the wing of the school where cafeteria is located. representing approximately the amount of space to be used by the Library. 4. Library \vill provide custodial services for the leased area. 5. Library will have access to twenty (20) parking spaces and will be responsible for designating parking spaces as handicapped and striping spaces for Library usage as needed. 6. District will be responsible for providing the following utility services: electrical, water, and waste\Valer. Distnct will be responsible for maintenance of plumbing, HV AC and electrical systems 7. Library will be responsible for routine maintenance, 8. Library wIll be responsible for changing the existing phone line for library use and paying all related custs. 9. Library will be responsible for setting the hours of operation. The hours and days of operation will likely the same as they are now: Mon. 2-9; Tues.-Thurs., 10-9; Fri. & Sat., 10-6; Sun. (school year only) 2-6. Staff will arrive earlier and leave later than the public hours defined above. 10. Library will be responsible for way finding signage to and from the building used by Library. 11. Any changes or adjustments to the building or parking area made to meet ADA requirements will be paid by City. 12. District will provide keys to the building used for library operations, and will be responsible for making any changes to secure portions of the remainder of the building not accessible to city staff or library patron~ 13. The City Manager and Supenntendent are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the actlvities provided for in this Agreement. 14. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original ofthe attached Participation Notice. 15. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 2 16 'J enn of Agreement a. This Agreement shall become effective as to each Party when approved and executed by that Party b Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed monthly, subject to the approval of the City Manager and Superintendent, 17, All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 18. ThiS Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement 19, The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the lnterlocal Cooperation Act. 20. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision, To this end the remaining provisions of this Agreement are severable and continue in full force and effect 21, If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the Jegallimitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect 22. Nothing in this Agreement is mtended, nor may it be deemed, to waive any governmental, 3 official. or other immunitv or detense of any of the Parties or their officers, employees, representatives. and agents as a result of the execution of this Agreement and the performance of the covenants contamed in this Agreement. 23. This /\greement may be amended by the City Manager and Superintendent, the authorized representatives of the governing bodies of the Parties 24. This "'.greement shall be governed hy the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. 25. Unless expressly otherwise provided, any notices or other communication shall be given to the other hy mailing to the following addresses: To the City: Mr Herb Canales. Director of Libraries 80~ Comanche Corpus ChrIsti, Texas 7840] rei (361) 826-7070 Fa'. (36])826-7046 To the District: Arturo Almendarez, Ed.D., Superintendent Calallen Independent School District 4205 Wildcat Corpus Christi. Texas 784] 0 IN WITNESS WHEREOF, we have executed this Agreement as of the date first above written. CALALLEN INDEPENDENT SCHOOL DISTRICT 4205 Wildcat Corpus Christi. Texas 78.~ B~L~~_:'~/2J :2dat. President. Board of Trustees BY:(}~b()j~~~% __ 4-. , a.O(O Arturo Almendarez, Ed. Date Superintendent 4 CITY OF CORIJUS CHRISTI By:____ ___ _ __ George K. Noe Date City Manager Approved as to form onlv: For City tttomey, ',,,,,/ By _''1 JJ.~~l'>~ Jjp Veronica Ocanas Date Assistant City Attorney 5 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CALALLEN INDEPENDENT SCHOOL DISTRICT BY WHICH THE DISTRICT PROVIDES A TEMPORARY SITE FOR THE OPERATIONS OF THE NORTHWEST BRANCH LIBRARY WHILE THE NORTHWEST BRANCH LIBRARY SITE UNDERGOES EXPANSION AND RENOVATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. The CIty Manager or hiS designee IS authorized to execute an Interlocal Cooperation Agreement with the Calallen Independent School District by which the District provides a temporary site for the Northwest Branch Library operations. SECTION 2. The CIty Manager or his designee is authorized to make editorial and non- substantive modifications and execute amendments to the Interlocal Cooperation Agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts including, but not limited to time extensions, modifications to schedule, modificatIons in scope of work and any changes dictated by entities providing grant funding for the project ATTEST CITY OF CORPUS CHRISTI Henry Garrett Mayor Veronica Ocanas Assistant City Attorney For City Attorney 501.06 Interlocal.Calallen ISD.RES LIB. doc Corpus ChristL Texas day of , 2006 The above resolution was passed by the following vote: Henry Garrett ______ Brent Chesney ___________ Melody Cooper Jerry Garcia William Kelly Rex A Kinnison John E Marez Jesse Noyola Mark Scott 5 01.06lnterlocafCalallen ISD.RES UB.doc 22 (11'\ (()( \(11. \(,1 \()\ !\HMOR\NIH \1 ('it, (ounl'il Action Datc: 05/09/06 \CE\D\ IIT!\I: I"~'~I 'Ulll'll " ,\.111, i" h,' \,11.'.11+, [iI P:lllll''I';llL' Illla>.; ahatement and adopting I;:, I"~ ,lh'll ( Id 111\ .I11,j ( I II. 18Sll' I a\ dh;lll.'l1h'nl olUllklllll'S .llid lTitena dl'l' ellecll\e f()!' two (2) years, The most recent gUldel!lh \\\.'1', d'!')1'7\.'d 111 \pl'1l ,-c .'I)Il-t. II1\.' "aIll\.' guidelines and criteria are proposed with a re\ ISl,'n " SliJ'J1IlI'[ lk\\.'I"pm\.'lll ,1!'lhlihl11g in till' Ihl\\nll1\\n arl';!, REQl IRED CO( NCII ACTION: \ppro\al ()fl'I'-;oll1tioll electing to be eligible to participate in la\. ah~lklllent <1]1<1 ,ld\'ptlllg fa\. \hatement (Jl1ldelilles and Critnia, PRE\IO( IS COl '\i( 'II ACTION: I Ill' current t!.liidclincs \\erc adopted on April 27. 2004 and amendCll "n '\jl\\l'mh\T I i), ~O()-+ CON( 1.( 810\ AND RECOMMENnATION: Recommend the council approve the resolution electilH'. 11\ bl' eli!11 hie to !larticipall' III 1;!\ abatement and adopting Tax Abatement Guidelines and Critend .~L~-+~.~';"'_~_._ Gary W, Smith \ssistant Cih' Attorney Attachmcnts: \DOCI '\!I ! .Ieannlt'l (,(\!.., l'rnp'ClI\lllcII,\gClld," "rill Tax .\huIClllelil (iuidelincsdoc BACKGROUND INFORMATION \1 Il d Iff d 1 I ,j Ii . I:d l'tikl I I'll II: '~(" ,hu\\ the changes fi.om the ') (.~ -+ r', \ ,1''11 eI. II ; 1'1 ( ) \\ J I \I! ( ! 111._' I'[l", !()\hh glli(kilt \1 PIUi'll ','~\Ld I ~lte~'()r:','" ,lit' CIITIC'd f(w,.vard in these revised l:II:,:I\ll: will UJ]]LJI1Ul' tu !la\ l: L'llglbility for tax abatement. T11l'L'\ t~l( IlS :JlUp(l~l'li .II~' IIlL'nded tu prumolL' lesicklltial development primarily III lh.," ( "I11:al HlISlnes' Dlstlct (CBDl dellned as the area hounded hy the ship clunnel UII thl north, tile hl\ .)11 the cast, Park Street on the south, and Upper Rr')ad\\.t\ '0 1 arC'd\l \ ,-'S! \.'IJ Laredo to Staples to fH," 7 and then east IH 37 to HI;cjl\\,j 1'\ Imd nOnl un , 1 to the ship channel. (See attached map) These rC:'dt!enl al pn'lccts \\]1 I b, lllc'.lblc for abatemcnt for a period of 7 years (2 c\>n--'n !I! 11l'ius li\ II :Jsl,j:lrdsted tu the l'lIITl.'nt 4. years (2 constmction plus 2). fhc ')e;, el la~,-' 01 abatcllk'flt ill!' tI1l'sL' lesldentlal facilities will he as follows: COllslrul'lion period (1101 10 l'.'\lTl'd 2 years) Year Y car' Year Y car ~ Y Cd! ~ 1000/0 100% 100% 100% 100% 100% ~ Sine: d' c'lltL:I RUSI1KSS District (CH[)) residential f~lCilIty is not intended to crL'a1L:ubc. bu is lIltcllded I" further L'conomic development hy providing housing III the il,)\\ lito ,vn area, the III 11limum Job creatIon reqUIrement is waived. For l1IjxullJ~C' faCIlities havmg kss thanl)O% resl<.iential, thejob requirement will be pi illdtl'd .:; ThL' 'l'j It'\', d c\ lmll1l1llJi.\ (C'lhilS tracb arc It1creased from 5 to 10 per the Jp\,roved b' Hi i i dier the 20()O census, Renewal community census " -L':; I I! !", dnl! )( I e'\panSIon tr wt , dl' Attach l11L'tl h '- LfJ SHIP ( HANNEL 11 II u ~ " ~ ) ~ lliB1J. ' :, !illJIlJJilHIlli 'lLllJlJI]]]illl1illlIIlllJill. , '1fI" rmlY t.1 ~'..'! Iffi. __ !"tc .,..., ,rnru /' ; 'rnITI I; ,. ....~';' rnn. -- -c<:"\\ \','.., __. il1L:':'..'~ nmmc: IIS~ _~_ f~11 LOCATION MAP NOT TO SCALE GIn OF:ORPUS CHRISTI PAGE 1 OF 1 DA TE: 04/19/2006 ~ ~~ -- - - - - ~r:.J CENTRAL BUSINESS DISTRICT (CaD) CITY COUNCIL EXHIBIT RESOLUTION ELECTING TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT AND ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA WHEREAS. Texas Ta;. Code Section 312.002 requires a taxing unit to establish cjuldeliflt}S anc cnterlawvernlng tax abatement agreements prior to designating an 1rea JS.i rt'inJeSrnlen1 zon(: dnd 0:l1tering Into d tax abatement agreement; WHEREAS, Seeliori 3 2002 requires a taxlrlg unit to adopt a resolution stating that the taxing unit elects to ber:ome eligible to participate In tax abatement; WHEREAS. tax abatement gUidelines and critena are effective for two years; WHEREAS, the current tax abatement guidelines were adopted on April 27, 2004 and amencied on November 16. 2004: and WHEREAS, the City CJuncil desires to continue to be able to offer tax abatement under the gUidelines and criteria adopted hereby NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS: SECTION 1. The City CounCil elects to become eligible to participate in tax abatement pursuant to Texas Tax Code, Chapter 312 SECTION 2. The City :~ouncil establishes guidelines and criteria governing tax abatement agreements by the City of Corpus Christi. Texas A copy of the guidelines and cntena IS attached ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary .- Henry Garrett Mayor APPROVED: May 4 2006 ./ ~. By: -~ Smith ~--_.- A.ssistant City Attorney for City Attorney H LegDir;wsagenda 20rI!3..0509\ii xabatem elltgu,J eil "eS Corpus (::hnstl Tex:as , )f ,2006 The ;:lbc,ve resolution was passed by the following vote: Hem (',lrrett Bren1 Chesney Melo(jy Cooper Jerry Garcia Bill Kell\ Rex A. Kinnison John E Marez Jesse Noyoia Mark Scott 1\'30509 adopting tax abatement gUI'Jelines & c:r:ten~ 2 CORPUS CHRI~;Ti U,. 2006 CITY OF CORPUS CHRISTI GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT VHEREAS th,.' ittractlor 0' H1g-terrTl Adler] \iciluemd the establishment of new permanHlt full-lIrmi lubs n trle ar.:;a \'v(iUiCJ enhal1(~e the eCOI10nllC base of area taxing entities; and VHERE.AS C' ,rpl,S Crlrlstl I hi competeNlth other ,;ommunities across the nation currentlv offering tax Incucements te attract new plant and modernization projects, and studies have hC\lvn that a fa,'ordble loca ta <:'1mate and start-up tax cor'icessions rank second on the list of prio!lt<es for ,lev'. plant installatlon~. (II expansions and NHEREAS tax abatement IS one of the principal means by which the public sector and the privatf~ sector car forgel partnership '0 promote real economic growth within a community; and /VHEREA.S an y te: x. incent'ves)ffered must be strictly limited in application to those new and eXisting Industries \1at brim) new wealth to the community in order to avoid reducing the neede'j 'ax revenues of1rea taxl1g entities; and 'VHEREAS. thE: PrJperty Redevelopment and Tax Abatement Act (the "Act"), Chapter 312 of the Texas Tax Coeje "luthorizes counties, cities and lLJl1iC! coilsqe_districts to provide property tax abatement for Ilm,tec periods of time as an Inducement for the development or redevelopment of a p'or'erty a 1C /v'HEREAS. the Ac I requires ellQlble taxing Jurrsdlcllons to establish Guidelines and Criteria as to eligibility for tax abatemer't agreements prior to granting any future tax abatement, said Guidelines and Cnteria t be unchanged for a two-year period unless amended by a three-fourths vote: dnc \/VHEREAS. a federally designateij Renewal Community constitutes designation as a Texas Enterprise Zone under~hapter 2303 of the Texas Government Code, and designated Texas Enterprise Zone constitutes desl~Jnatlorr as a Reinvestment Zone without further hearing or other procedural requirements under Cnapter 312 of the Texas Tax Code, and WHEREAS. the U Department of HOUSing and Urban Development designated Census Tracts 1 3, 4, 10 11 .3~,,_;2iC 50 as one of forty Renewal Communities nationwide eligible n share In $1 i billion In tax incentives to stimulate lob growth, promote economic development and create affordable hOUSing, and WHEREAS. to ass,ure a common coordinated effort to promote economic development, these C,uidellnes anc Criteria have been circulated among Nueces County, the City of Corpus Christ! and other governmental entitles for consideration as a common policy for all jurisdictions which choose to participate in tax abatement agreements; NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that the Renewal CommunIty continues to be designated as a Reinvestment Zone and these Guidelines and Critena for granting tax abatement be adopted CORPUS CHRISTI i.L:, 2006 :,ectlon 1 Definitions JlJ~t!atemeDJ 'llpan the ternpmarv full or partial exemption from ad valorem taxes of certain ,\dded Value to reCi! and personal propertv In a zone designated for economic development f,UIDoses pursLlant !o the AI t b i ~()Q~d"i c:!lL1E' fnei inS ttle Increase in the assessed value (if an eligible property as a result f t~Xpanslu"', ir ' 'lodEjrnl;:atJOn"lf an eXisting facility or construction of a "new facility." It 'e\i'~ no1 'ne.'1nr pclude 'cefen"rj maln1ellance ' IJ2lAqreement" means a contractual agreement between a property owner and/or lessee and Jfl Eligiblejurlsejlctl'Jn for the purposes of tax abatement ',Q. 'Base Year.\jalue means the assessed value of eligible property as of the January 1 [>receding the execution of an Agreement plus the agreed upon value of eligible property nr'!OVernenls mad,., after January 1 but before the execution of the Agreement. ~ "B~slc Manufactunnq or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described. used or to be used for the production of [Jroducts !)r service..; which jerive a majority of revenue from points beyond a 50-mile radius )f Nueces Ce,unty W~cLitrc~Jhi.:oi'l~SS .,Jlstnct i \::'DB) R.esldenliai Facility means a Multi-family Housinq Facility Q,i:;[rLictvJ,,--.'.cih/atecJ.Q thE dlea encOfl1passec bv tile industrial Canal/Ship Channel on _:hnst E'~;~ll,rle east. Park Street on the south, and on the west as laf~cL~ west Of1 Laredo to Staples to 1-37, east on 1-37 to State ._,,?:L:;:;11 Hiqr:w;:;/ 13 tJ the Industrial Canal/Ship Channel. no ,-';" f!r ;(i.~s:::a -'2f t.'l~_Facilltv_ 'an be utiUzed for non-housing _':..:..::lS'L:: 'Jl1_ "Deferred Maintenance" means improvements necessary for continued operations which do 'lot Improve proejuct'vity or alter the process technology. 'Economic Life" means the number of years a property improvement is expected to be in service In a Facility ~:) "Ellqlble JUrisdiction" means the City of Corpus Christl or Nueces County and any rnunlcipality the majority of which is located in Nueces County, that levies ad valorem taxes upon and prOVides services to property located within the proposed or existing zone deSignated pursuant to the Act W "Enterprise Zone Residential Redevelopment Facility" means buildings and structures used or tc be used primarily for 'esidential purposes and which are located within an enterprise zone UsJ "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity ill "FaCility" means property improvements completed or in the process of construction which together compromise an integral whole. CORPUS CHRIST! 200b Mixeo-use Jac,illY rnean5 d Idullty [laving reSidential :md commercial uses where the ornmerc:al USE ocuples f10re than 20% of the structure 'Mljltl-famJiL hO~!9" nleallS d iacility designed arranged or used exclusively for the use ,ni occuDancy Gf 'hree or mC'IL families Ilvln~J Independently of each other. The dwelling tricture nFl\ '1lcluie a trip.ex dpartment townhouse. condominium. cooperative, high-rise. ,"te ,~ Modernization mE'ans ttle I eplacemenl and upgrading of eXisting facilities which increase ThE' productive InpUt or output, updates the technology or substantially lowers the unit cost of '118operatlofl and .::xtends the economic life of the facilities Modernization may result from 'rlE constructicn Jlteratloli or Installation of buildings structures, fixed machinery or "qldpment It shctll not be for the purpose at reconditioning, refurbishing, repairing or .ornpletlon of deferred maintenance ~QJ 'New Facility' means a pn)perty previously undeveloped which is placed into service by 'lleans other than cr In con/lJnctlon with an expansion or modernization. 'eg] 'O\^mer" means the owner of a Facility subject to abatement If the Facility is constructed on d leased prope1y the owner shall be the party which O'Nns the property subject to tax abatement Thp o'her part I te the lease shall JOin In the execution of Agreement but shall !lot be obligated to'lssure performance of the party receiVing abatement. ,:1 "Permanent full-time job" means ':1 new employment position created by a business that provides a regular work schedule of at least 35 hours per week or 1820 hours of employment pel year to a hJueces County reSident and maintains the employment position dUring the term )f the abaternent agreement '22 'petrochemical FaCility" means tluildings and structures including fixed machinery and equipment, the primary purpose of which IS or will be the manufacture or processing of c'et'ochemicais Jr fl iels bv phYSical or chemical change _1 'Reqlonal. Distribution Center Facility" means buildings and structures, including fixed n1ar;hinery and eqUipment. used ()r to be used primarily to receive, store. service or distribute (::Jocds or materrals!wned by the Facility operator where a majority of the goods or services are distributed to pc!nts beyond a 50-mile radius of Nueces County. till "ReOlonal Telecommunications/Data Processinq Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the FaCility operator where a maJoritv of the services are provided to points beyond a 50-nile radius of Nueces County L{) "Reqlonal ViSitor/Amusement Facility" means buildings and structures used or to be used primarily as a stadium, arena, amusement park or similar attraction or sports venue. CORPUS CHRISTI '. 2006 Benewal Community FaclI!'!y" means a building or structure in the Corpus Christi Renewal ~(',nmunity which Includes Census Tracts 1, 4 ,2. 10 11_ 13 3:), alie! 50 to be used for 'hp creatlOrflfi nl"W bUSiness c)r business expansion but not a relocation of a business, Rehabilitation" m~;ans thai the Added Value as defined uf the project exceeds the base /8'J( of a development pro~,ertv b'! $250.000 l_ Texas Enterprise Zone' I-leans any census block ';Jroup With greater than 20% poverty, federally deslgrlated Renevval Community or area designated as a Texas Enterprise Zone :mo( to 200 Section 2 Abatement Authorized. (a:1 Authorized Facilities 1 A-Facility may be eligible for abatement if It is a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility Regional Visitor/Amusement Facility, Enterprise Zone Residential Redevelopment Facility ~~'!n:ra' BUSiness Dlstr!ct ,eBD) Res!dential Facility and Petrochemical Facility Abatement may be granted for new facilities and improvements to eXisting facilities 'or the purpose of modernization or expansion, or 2 ;\Renewal Community Facility, as defined, may be conSidered on a case by case basis for abatement ift is a Renewal Community Facility and If the building or structure will be defined as rehabilitation project or IS defined as new facility Projects that may be considered as Renewal Community Facility Include mixed-use facilities, retail facilities, hotel accommodations (b) Creation of New Value, Abatement may only be granted for the additional value of eligible property improvements made subject to and listed in an abatement Agreement between the Eligible JuriSdiction and the property owner and lessee (if required), subject to such limitations as said iurisdictiun may require. The economic life of the improvements must exceed the term of '118 abatement Agreement iC) Eliqible Propertyu.batement may be extended to the value of the improvements to real property, including buildings, structures, fixed machinery and equipment, and site Improvements, plw, that office space and related fixed improvements necessary to the operation and administration of the Facility !d) Inellqible Property, The following types of property shall be fully taxable and ineligible for abatement: land; inventOries; supplies; tools; furnishings and other forms of movable personal property; vehicles vessels; aircraft; housing; hotel accommodations; deferred maintenance investments: property to be rented or leased except as provided in Section 2(c) improvements for the generation or transmission of electrical energy not wholly consumed by a New Facility or expansion; any improvements, including those to produce, store or distribute natural gas, flUids or gases, which are not integral to the operation of the FaCility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned operated or directed by a political subdivision of the State of Texas; CORPUS CHRISTi '120Gb ni'"SS at I) ,t 'he at,n If' tYle'lf priJpertv are spec1fl.ally authorized by the Eligible , !r!Sdlctlon e) Pf.rlod oL~p_(j~meri\ ;',batement :",t\al! be qra1lted ('ffectlve Nlth the Januar:l 1 valuation date immediately hi lowing tt18 Ijatt of e\ecutlcl1 ut the Agreement i\baternent shall be allowed for a period f five year" f 'lIo:vinC] ttle comp'etlon of construction If the period of construction exceeds t vo years 'hI' F;,;illty shed! t'E- (:nsiderpeJ completed for ,!urposes of abatement and in no Ise shali t'lfc tot 11 period of 'lh:,tement inclllslve of the :mstruction period, exceed seven ~?a r~;:; 2 Abatemen1 fo ~ Renewal Community Facility shall be granted effective with the January 1 valuation cats immediately following the date of execution of the Agreement Abatement shall be allowed 'or a period e,f 'wo (2) years following the completion of construction, If trie perrodJf constructior exceeds two years, the Facility shall be considered completed hr purposes of 3batement after the two (2) year period and in no case shall the total period of abatenlenL InClUSive of the construction period, exceed four years for a new hCllity and five years fcr 2: rellabilltated facility l l\baternenLI:;: a Cic::!~.G~ 8,~.c:.~! I:;;::S u~,Ii . . .... '~8D, Res, .lei ilial Facility shall be qranted f:ffectlve 'vvlth the Januar\ 1 Jaluation date immediately followinq the date of execution of trie A~FeeIJJQ.lL Abatenlen: ,?hall be allowed for a period of five years followinq the completion ot cO'lstructlon If the period of construction exceeds two years, the Facility shall be conSidered completed for purposes of abatement and in no case shall the total geriOcU;,f at)atement incluSive the construction period, exceed seven years, If) \':;Oll1pletlon of Construction Tne completion of construction shall be deemed to occur upon Il1e earliest of tr.e fedlowlnQ (~venb when a:wtificate of ol~cupan(~y is issued for the project (if it is located within a city), when commecial production of a product or provisioll of a service is achieved at the Friciity 3) when the ar~hitect ur engineer superVising construction issues a certificate of substantia cOllpletlon or SOnle similar Instrument, or 4 two 2) ve8rs1fter the date of the Agreement The above determination shall be made by the Eligible jUrisdiction offering the abatement, in Its sole and absolute discretion. based upon the above criteria and such other factors as the JUrisdiction may deem relevant The determination of the completion of construction shall be conclUSive, and any judiCial review of such determination shall be governed by the substantial evidence rule CORPUS CHRISTI U,o,_2006 (g! l\b9tement Percent~ ~'-lon Renewal10mmunlty Facility a Facility NhlC'l provides liCit iess than 50 (but not more than 99) new permanent full- ilJ1!E: Jobs the perc'~ntage of la' at.ated shall be 111 accordance with the following schedule: Year .mstructlcln Pelnds (1101 to e:x.ceed 2 years Year 1 YearL Year? Year 4 Year~ -- 1 PercentagE': of Abatement i 100% II 50% ----~ --~ - ~ 50 % _______~ 50% ' - ----., --~g~:~-=--=--=_=__J ProVided that, tor ,j FaCility which provides not less than 100 (but not more than 199) new Dermanent full-t1mf' jobs, the percentage of tax abatement shall be in accordance with the 'ollowing SChedule Percentage of Abatement . (over $10 million in Added I _ ,__ ___ Val ue__~_~ _______~_100% -------J 50% I -~_._-~- 50% 50% 50% 50% Yea! .- Percentage of Abatement (for Hie first $10 million In Added Value Construction Pencd (not [0 exceed 2 l'E3ars) Year 1 Year 2 Year 3 Year 4 YearS 100% 75% 75% 75% ----- ---. -.-......------. --- 75% 75% .=-J -l Provided that. far FaCility which provides at least 200 new permanent full-time jobs, the Der~entage Of tax allatement shall be in accordance with the following schedule: .- Percentage of Abatement (over $10 million in Added Value ysal Percentage of Abatement (for the first $10 million in Added Value CUrlstructlon Penud (not to exceed 2 y'~dr?) Year 1 Year 2 Year 3 Year 4 Year 5 100% 100% ---------- 100% ------_.__._--~._-~-- 100% -----_.~-- 100% 100% 100% 50% 50% 50% 50% 50% ! .~ ~~ In the event the Added Value caused by the Project is less than $2.0 million, no abatement shall be granted unless the Facility IS a Rehabilitation Project as described in Section 2 (h). For compliance purposes. the date for determining a permanent full-time job shall be January 1 of each vear commencing with the January 1 following the date of completion of CORPUS CHRISTi rid; 2006 )Istruction 1'1e :'ercentaje .)\ ,ibatemen\ provided each year under the Agreement shall ',e I)ased upcm the employment Illformatlon as of January 1 of such year. As a result the ctJal annurjl ,f atatemen; nil, /ary from year to year based upon employment levels and . ,'cuerl vallkill( ,ilS F Or example Company A has an abatement Agreement entered 5/1/95 and projects to 'E:Jte 250 rel'nailent full time Ibs If Hie actual experience of Company A Involves iuctllatlfl~: Ipvels the actu;:11 1tiatement under the .Agreement could follow the following itrr'rn Year ~Qll2lQ 'iiQ~Il1 8J2atem~D1J.fJi~~mm) Abatement (Over $1 Omm) 1 1 /~j6 1 1 1~1T 1 1 ISIS 1 1/99 1 1/00 1 1/01 1 1/02 15( 25( 15(, 50 25C 100% 100% 75% 100% 75% 50% 100% 100% 100% 75% 75% 50% 50% 25% *Constructlon Underway 2 Renewal Community Facilities ProVided that for a Renewal Community Facility which creates one (1) new permanent full- lime Job per $50,000 of Added Value to a property following the completion of construction a no maintains Hle same level of employment for the term of the abatement agreement, the Dercentage Of tax abated shall be in accordance with the following schedule: "y -Olal Percentage of Abatement for Projects Involving Rehabilitation 100% 100% 100% 100% Percentage of Abatement for New Facilities C:Jnstruction Period (not to excE3.ed 2 YE3ars) Year 1 Yearl. Year i -------I I 75% .~_j _ ___ 0% __~_~_j 100% 75% ""01 compliance purposes, the date for determining a permanent full-time job shall be six 'nonths from the jate of completion The bUSiness must maintain the same level of pmploymenl or increase employment during the term of the agreement. For example C;ompany X IS rehabilitating a building in the Renewal Community for a commercial use. The current value of the building IS $250,000 and Company X estimates an added value of $750,000 The Job requirement Will be to create and maintain a minimum of 15 permanent full-time positions during the term of the abatement agreement. ($750,000/ $50,000 = 15) For residential multi-family housing, the job creation requirement will be waived. For mixed- 'Jse facilities. the jOb requirement will be prorated For example: Company Y is constructing CORPUS CHRISTI ,2006 3 fl1lxed-use facility that IS 30G;0 non-reSidential and the Added Value IS $1,500,000. The job requirement will be to create and malntalfl a mlflimum of 9 permanent full-time Jobs during :he term of the abCitement agreement. (1 500000 X 30 = $450,000/$50,000=9) centrJ:j?LJSlleS; ..Ql':.J1Ict i qjJi.Resldelll0.i..FJcillties ~,)vldedJb~Lror ,~c:elgi~J.lJ2~~:;;f_1~SS [)lst.r.I~.t~(:~BglRe::!.lC)entlal FaCility, the percentaqe of ,,!'aJ29te~::;I@JiJ2t: In accordarlC::Q..with the follmvlnq schedL:ile: Year ,~onstruction Period (not to exceed 2 years) Year 1 Year 2 Year 3 ... ..__Year 4 Year 5 Percenta~ of Abatement i 100% l ')0% ---.'---- :00% 100% ----,~._- 100% 100% -_._._.~-_.. ~ ----,---- Since Central BU;lnes:::. DIStllct (CBDI ReSidential Facilities are residential multi-family housinq, the 10b,Qeation requirement IS waived (h) L1VlnQ WaQe Requirement In order to count as a permanent full-time job under this tax abatement prograrn, the Job should proVide a "Iiving wage" for the employee. The target Ilvmg wage under this abatement program shall be that annual amount equal or greater than poverty level for a family of three, established by the 2004 U.S. Department of Health and Human Services Poverty C;uidelines, diVided by 1820 hours per year, which is $8.60 per rlOU: The Governmental Unit shall have the right to adjust the living wage target under these Guidelines and insert a specific target in each property tax abatement Agreement to J,overn the abatement offered under that Agreement (i) Rehabilitation Prolects The $2 million minimum Added Value requirement for abatement shall not apply to rehabilitation projects which involve the adaptive reuse of an existing structure or bUilding for a Facility In order to qualify as a rehabilitation project under this proVision, the project must involve a minimum Added Value, as defined, of $250,000. Any '.ehabilitation proje::t must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will 'nclude both the value of the land and the existing improvements. For such rehabilitation projects, all Eligible Property in excess of the Base Year Value shall be subject to abatement plus the value of personal property such as furniture and movable equipment which would utherwise be conSidered Ineligible Property for any other type of abatement category. In no event, however may the total value of personal property subject to abatement exceed $1 rnilllon or the total amount of all property subject to abatement in a rehabilitation project exceed $5 million (j) Estimated Added Value or Added Value Requirement. At the time of execution of the tax abatement Agreement, the Owner shall reasonably estimate the Added Value upon completion of construction of any improvements to real property in connection with the Project For Renewal Community Facility, the owner shall provide reasonable estimates of the Added Value to be made to the property in addition to the estimated Added Value. This "Estimated Added Value" and. for Renewal Community Facility, "Added Value" shall be " CORPUS CHR!STI 2006 <,tated In thE' Agmement Ir I Hie event that upon completion of construction of the Improvements, the Added '/alue. as determined by the Nueces County Appraisal District. .hall at any tme thereafter dUrlnS) the term of the abatement Agreement be less than eighty- 'A percent (85'~!o of the Estilllated Added 'value. not due to circumstances beyond the ')I'trol ()f Oi/mer the Owner agrees to pay an amount equal to the then current tax rate of . 'actl Eligible JUI Isdctlon prr)jld abatement applied to the difference between the actual ;\d'led '/aluE fn)m f~lghty-f! /e :'fel cent (850:(. \ uf the Estlm,lted Added Value, multiplied by )( llif IU', nlr 11,::t perCE:-ntaq(')f Abatement prOVided mder the Agreement For the jl,)05!"S 't"1 POVISiCW tht" :,orm'C!I.:umstances beyc nd the control of Owner" shall )elude casualty I, )sses Ilat!oncli economic factors. shutdowns due to governmental regulations strikes acts ofvar .llld the like The formula for calculating such additional tax 'JlIined as foliow iTa, Rate] x [(8~o( of Est Added .Jaiue - .Actual.A'v') x (100%, . Abatement%)] = Additional Tax k) Properties in Industrial Districts For eligible property to be constructed in an area which IS covered by an executed industrial district agreement with the City, the method of calculating payments In lieu Of property taxes for such eligible property shall be as set forth in the Industrial dlstnct agreement As an alternative to an Industrial district agreement. an eligible property mav be c (wered ')y a 1ax abatement agreement. but such shall constitute an Pie'~,t!on b i tr-Ie OWl 'ef that Hie ,a no and Improvements shai not be included within any type C\t industrial district ,mangement tollowing the expiration of the tax abatement agreement. I) Economic Quallflcallon fOf Non-ReSidential Development and Mixed-Use Facilities. In order te) be eligible for tax abatement. the planned improvement musl create nu later than the January 1 follOWing the completion of construction and maintain throughout the remainder of the term of the Agreement the minimum number of 5(, permanEnt full-time jobs In Nueces County or for Renewal CJmmunity FaCility, must create within six months following the completion of construction one (1 new permanent full-time job per $50,000 of Added Value to a property and maintain the same level of employment or increase employment during the tenr of the abatement agreement. If the project is a mixed-use facility, the job requirement will apply to the non-residential Improvement and will be prorated as deSCribed In Section 2(g )(2) mus1 not adversely affect competition In the local market with established local businesse~ (m) Taxability From the execution of the Agreement to the end of the abatement period, taxes shail be payable as follows ! ) The value of Ineligible Property as provided in Section 2( e) shall be fully taxable (except for personal property added in connection with a Rehabilitation Project); (2) The Base Year Value of eXisting Eligible Property as determined each year shall be fully taxable; and (~,) The Added Value of new Eligible Property (and certain personal property added In CORPUS CHRISTI .2006 connectlo; J with a Rehabilitation ProJect.1 shall be taxable in the manner described in Section 21 g) dbove Section:3 Application (3 I vVrltten-6QQ!~~1!Q!.1 Any present or potential owner of taxable property may request tax lbatement by filing a written application with (!i the City Manager of the City, if such property ; vv!thln the elt, lir\1its. or (I! the County Judge of Nueces County, if such property is in the H1':v~orp(lrated3rE1S of Nueces County (b I Contents of Application The application shall consist of a completed application form accompanied by'l general description of the new Improvements to be undertaken; a descriptive list Jf the improvements for which abatement IS requested; a list of the kind, nurnber and locatIOn of all proposed improvements of the property; a map and property rJescription. and a time schedule for undertaking and completing the proposed improvements In the case of a modernization or expansion project, a statement of the assessed value of the Facility. separately stated for real and personal property, shall be qlven for the tax/ear Immediately preceding the application. The application form may reqUire such financial and other Information as the City, County or other Eligible jurisdiction, is applicable deems appropriate for evaluating the financial capacity and other relevant 'actors of the appll( ant IC) Written Notification to Governlnq Bodies. Upon receipt of a completed application, the City ~\!1anager or County Judge. as the case may be, shall forward a copy of the application to the ~)res,dlng offlcel of the governing body of each Eligible Jurisdiction having jurisdiction of the :,roperty covered b, the applicatlor \ di Feasibility A.fter receipt of an application for abatement, the City or the County, as applicable, shali consider the feasibility and the impact of the proposed tax abatement. The study of feaSibility shall Include, but not be limited to, an estimate of the economic effect of the abatement of Taxes and the benefit to the Eligible jurisdiction and the property to be .:overed by such abatement e) No_ Abatement If Construction has Commenced. No tax abatement Agreement shall be approved if the applicatiorr for the abatement was filed after the commencement of construction alteration or Installation of improvements related to the proposed Modernization. Expansion or New Facility (f) Vanance. Requests for variance from the prOVisions of Section 2 of these guidelines may be made in wntten form, provided, however, that no variance may extend the term of abatement beyond five years after completion of construction. Such requests shall include a complete (jescription of the circumstances explaining why the applicant should be granted a variance. ';pproval of a request for variance requires a three-fourths (3/4) vote of the governing body of each Eligible Jurisdiction providing abatement Section 4 Public Hearing and Approval. (a) DeslQnation of Zone. A resolution designating a zone for tax abatement under the Act may not be adopted by the City or the County until a public hearing has been held at which Interested persons are entitled to speak and present evidence for or against the designation. CORPUS CHRIST! .1 .200b Nutlce 0' the hearing shall be prc1vlded to each Eligible Jurisdiction and to the public in the nanner f8qured b theA.cl ib f~!!JvestmerlL~om; .A.ccordinq 10 Chapter 312 of the Texas Tax Code, a designated Texas !::r'lerprrse Zune c(:nstltute~ designation as a Reinvestment Zone without further hearing or .Hler procecJcnll r"?qulrenwnt~ Under Chapter 2302 of the Texas Government Code, a eclerally desigr':ate(j Renewal C>nHTlUnlty or Census Block Group with poverty greater than ,0 iorstltutes ieslgnatl)n 3:1 Texas Enterprrse z,Jne Therefore, the Renewal ;Cd nm! ntv! Re'!lvestrm.nt .?( 1', without further heannq (C) RequiredFrndlrlili In ord(~r to enter Into a tax abatement Agreement, the County or City 'nLlSt find that the tf~rms of the proposed Agreement meet these Guidelines and Criteria. ! dl Reservatlon~)LFSigJlts NoH ling herein shall be construed to limit the authority of the City, the ':ounty or any other jurisdiction to examine each application for tax abatement before it on a ase-by-case baSI:; and determine in its sole and absolute discretion whether or not the ,reposed project s~lould be granted temporary tax abatement and whether or not it complies Nith these GuiaeJir.es and Criteria is feasible. and whether or not the proposed temporary 'lbatement uf taxe5 willlnur,j to the long-term benefit of such Eligible jurisdiction. Section 5 Agreement i a l Contents of Tax Abatement Agreement The tax abatement Agreement with the Owner of nle Facility shall include the '1stwnated value to be SUDlect to abatement and the Base Year Value; 2 the Dercentage of value to he abated each year as provided in Section 2(g); 31 the commencement date and termination date of abatement; 4 a provIsion that the term of the Agreement shall extend until five (5) years after the ex.plcatlorl of trle penod of tax abatement. ') the proposed use of the Facility, nature of construction, time schedule, map, property descrrptlorl arid improvements list as provided in the application as required; 'J the contractLal obligations In the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law: and :' the amount of Added Value and required number of permanent full-time jobs. (b) Jime of Execution The tax abatement Agreement shall normally be executed within 60 days after the applicant has provided all necessary information and documentation. (e) Attorney's Fees In the event any attorney's fees are incurred by the Eligible jurisdiction in the preparation of a tax abatement Agreement, said fees shall be paid by the applicant upon execution of the Agreement COF~PUS CHRISTI .. 2000 Section 6 Recapture (a Failure to Commence Operation Durinq Term of Aqreement. In the event that the Facility IS 10t completed and does not begin operation with the minimum number of 50 permanent full- tinlE! Jobs by the Januar/ 1 following the completion of construction or for Renewal C>rlmurllty Facilit', at least Olle permanent full-time lob per $50,000 of Added Value within 31.' months tollowing the completion of construction, no abatement shall be given for that tax ledr, and the full dmount of taxes assessed against the property shall be due and payable lor that tax year n the event that the Owner of such a Facility fails to begin operation with the minim urn numDer of 50 permanent full-time jobs by the next January 1 or for Renewal '::;ornmunlty FaCllitv at least one permanent full-time Job per $50,000 within 1 year following the completion of construction. then the abatement Agreement shall terminate and all abated taxes during the period of~onstrlJction shall be recaptured and paid within 60 days of such rerrnination (b) Discontinuance of Operations Durinq Term of Aqreement In the event the Facility is completed and begins operation with the required number of jobs but subsequently discontinues operations and the required number of permanent full-time jobs is not rnaintalned as required in section 6(3), for any reason, except on a temporary basis due to fire explOSion or :Jther casualty or accident or natural disaster, the Agreement may be terminated by the Eligible Jurisdiction providing abatement. and all taxes previously abated :)'y virtue of the Agreement shall be recaptured and paid within 60 days of such termination. (c! Delinquent Taxes. In the event that the Owner allows ItS ad valorem taxes to become je!inquent and fails to timely and properly follows the legal procedures for their protest and/or contest, thE Agreement shall terminate and so shall the abatement of the taxes for the tax year of the delinquency The total taxes assessed without abatement, for that tax year shall be paid within 60 days from the date of termination (d\ Notice of Default. Should the Eligible jurisdiction providing abatement determine that the Owner is in default according to the terms and conditions of its Agreement, it shall notify the Owner In writing at the address stated in the Agreement that if such is not cured within 60 ,jays from the date of such notice (the "Cure Period") then the Agreement may be terminated In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided herein (e) Actual Capital Investment. Should the Eligible jurisdiction providing abatement determine that the total level of capital Investment in eligible property is lower than provided in the Agreement, the difference between the tax abated and the tax which should have been abated based upon the actual capital Investment as determined shall be paid to the taxing 3gencies within 60 days of notification to the Owner of such determination. (f) Reduction in Rollback Tax Rate. If during any year of the period of abatement with respect to any property any portion of the abated value which is added to the current total value of the Eligible jurisdiction but is not treated as "new property value" (as defined in Section 26012(17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" in accord with Section 26.04(c)(2) of the Texas Tax Code and if the Eligible jurisdiction's budget calculations indicate that a tax CORPUS CHRISTI ".1"12006 It>'- in ("~cessf t'e'fcdlb,ck t::L' rate" ,~ required to fund the operations of the Eligible in-;dictIO!l tor Pie ';ucceeding year then the Eligible jurisdiction shall recapture from the 'iX ,ayer ,I Ii :f ar amount (-'ClUell the lesser of the tollowlng The amount c t the taxes abated for that year by the Eligible jurisdiction with respect to slHr 1(1,p"yei The amfJUnt ctJtalned JY !,UUrClctlng the rollback tax rate computed without the abated proper, \,i!Uf berng treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by trle total lssessed value of the Eligible Jurisdiction If the Eligible IUr!sd!~~tlon has granted an abatement of taxes to more than one taxpayer, then II)e amount of the recaptwe calculated In accord With subparagraph (2) above shall be ; ,rcrated en the :)ass of the amOIH11 of the abatement with respect to each taxpayer, /\11 'ecapturec taxe:c must be paid within thirty (30) days after notice thereof has been given tu Hie affected taxpayer Pf~nalty and interest shall not begin to accrue upon such sum until tne first day uf the month 1ollowltlQ such thirty (30) day notice, at which time penalty and IlitHest shall acf'rUt In acco'd With the laws at the State of Texas !g) Contlnuatlon.QL Tax Lien The amount of tax abated each year under the terms of these GUidelines and the Agreerlent shall be secured by a first and prior tax lien which shall continue In existence from lear to year throughout the entire term of the Agreement or until a!1 'axes whether assessed or recaptured, are paid In full. Section 7 Administration (a) Annual Assessrner t The Nueces County Appraisal District shall annually determine an assessment of the real and personal property subject to an Agreement. Each year, the Ovvner shall furnish the Appraisal Distnct With such Information as may be necessary for the abatement Once \ialue has been established the Appraisal District shall notify the affected pmsdictlons 'Ahleh 18VY taxes of the amount of the assessment and the abatement. b) {\ccess to Faclllli' The A.greelllent shall stipulate that employees and/or designated representatives of the Eligible JUrisdiction will have access to the Facility during the term of trie .L\greement to inspect the l=acility to determine if the terms and conditions of the .Agreement are t)elrig met t\lllllspections will be made only after giving 24 hours prior notice anc~ will only be conducted In such manner as to not unreasonably interfere with the construction and/or operation of the Facility All inspections will be made with one or more representatlves)f the Owner and in accordance with its safety standards. c) t\nnual Evaluation. Upon completion of construction, the Eligible jurisdiction individually or in conjunction with other affected Jurisdictions, shall annually evaluate each Facility receiving abatement to ensure compliance with the Agreement and report possible violations of the Agreement (d) Annual Reports The Owner shall certify to the governing body of the Eligible Jurisdiction on or before April 1 each year that the Owner is in compliance with each applicable term of the agreement Additionally dunng the initial four years of the term of property tax abatement, CORPUS CHRISTI Aplil 2006 the Owner shall provide to the Eligible Jurisdiction approving the abatement an annual report : overing those ItenlS listed on Schedule 1 In order to document its efforts to acquire goods mu services Oil a local basIs Such annual report shall be prepared on a calendar year hasls and stlail b," submitted to the Eligible jLJrlsdictlon no later than ninety (90) days TJllowing the er-,d cf eactl such calendar year The annual report shall be accompanied by if, Judit letter p'eplred by an Irldependent accounting firm which has reviewed the report. el2u'y Loc~J~rCJvislon Each reCipient of property tax abatement shall additionally agree to preference and pnority to local manufacturers. suppliers, contractors and labor, except Nth~re flot reasonably pOSSible to do so Without added expense, substantial inconvenience, )f sacnfice 1[1 cper ating efflclencv In any such exception cases involving purchases over S 1 00000 a Justification for sucn purchase shall be Included in the annual report. Each such recipient shall further acknowledge that It IS a legal and moral obligation of persons 'eceiving property lax abatement; to favor local manufacturers, suppliers, contractors and abc)r, all other factors being equal For the purposes of thiS provision, the term "local" as Jsec} 10 (jescnbe manufacturers suppliers contractors and labor shall include firms, f)uslnesses, and pel'sons WllO reSide in or maintain an office In either Nueces County or San Pawcio County iil the event of a breach of the buy-local provision, the percentage of c'lbatement shali be proportionately reduced equal to the amount the disqualified contract ')e1fS to the t.Jtcll wnstruction COSl for the project if)~iqht to Modify or. Cancel. Notwithstanding anything herein orin any agreement to the contrary, the goverrling body of the Eligible JUrisdiction may cancel or modify the agreement f the Owner falls te comply Nith the AgreemenT ]4 CORPUS CHRISTI April :Z006 SCHEDULE 1 "Buy u)Cal" Annual Reports 'hi' followlrlCj ;,lfo'matlorl Sh:lli year L'bl::' clur:nq th" fllst four /8drs reponed to the Governmental Unit on a calendar- f the tax dbatement program: Dolldr d!lluUrt spent for lTIaterials* (local) "- Dollar:=Jmourt spent for rnaterials* (total) Dollar amourt spent for labor** (local) 4 Dollar amourt spent for labor** (total) &:, Number of jotJS created in the construction project (local). f Number 0' jo')S created In the construction project (total). 7 Number of fJII-time and part-time jobs created on a permanent basis (local) and wages paid to erllployees. c Number or jODS created CHi a permanent basis (total) "Matenals" IS defined to Include all materials used in excavation, site improvement, demolition. concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding. insulation, temporary construction facilities, supplies, equipment rental in construction small tools and consumables. This term does not lncludf' major Items)f machinery and equipment not readily-available locally. r+ "Labur" IS defined to InClude all labor In connection with the excavation, site Improvement. demOlition. concrete construction. structural steel, fire proofing, equipment placement. piping fdectrica. Instruments, painting and scaffolding, insulation, construction services, craft benefits. payroll burdens, and related labor expenses. This term does not include engineerrng services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor shall includE firms. businesses. and persons who reside in or maintain an office in either Nueces C:'ountv or San Patricio County II ,[ 15 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/09/06 AGENDA ITEM: Resolution authonzing the City Manager, or the City Manager's designee. to petition the Texas Alcoholic Beverage Commission to grant an order authorizing the City to prohibit the possession of an open container of an alcoholic beverage within the Central Business District. ISSUE: The unregulated public possession and consumption of alcohol has created numerous public safety and nuisance problems in this geographical area. REQUIRED COUNCIL ACTION: Passing of the resolution PREVIOUS COUNCIL ACTION: None FUNDING: No funding is involved CONCLUSION AND RECOMMENDATION: Staff recommends passing of the resolution. ~~ lZ':u.n~ Acting Chief of Po Ice Attachments: . Resolution . Map BACKGROUND INFORMATION The City of Corpus Chnsti recognizes that unregulated public possession and consumption of alcohol has created numerous public safety and nuisance problems in certain areas of town. The Texas Alcoholic Beverage Commission (T ABC) provides for the City to petition them for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the public consumption of an alcoholic beverage within the Corpus Christi Central Business District ("'District") This district is a compact and contiguous geographical area of the City in which at least ninety percent (90%) of the land is used for commercial purpose. It is within this district that there are individuals who engage in activities that create nuisances and pose threats to the health and safety of the citizenry of the City. These activities may hinder the efforts of the City, to include those of merchants located with the District, in attracting citizens and visitors to the City in general. The City recognizes the potential issues associated with open containers and public consumption of an alcoholic beverage; therefore, the City Council deems it necessary and proper and in the best interests of the citizenry of the City to petition the Commission for an order to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage within the Distnct. After the resolution is passed, we will send it and the map to TABC and ask for an Order to get authorization to pass an Ordinance creating the district. Upon authorization, the ordinance will be written and brought to City Council for approval. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO PETITION THE TEXAS ALCOHOLIC BEVERAGE COMMISSION TO GRANT AN ORDER AUTHORIZING THE CITY TO PROHIBIT THE POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE WITHIN THE CENTRAL BUSINESS DISTRICT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: WHEREAS, under ~109.35 of the Texas Alcoholic Beverage Code, the City of Corpus Christi ("City") can petition the Texas Alcoholic Beverage Commission ("Commission") for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the public consumption of an alcoholic beverage within the Corpus Christi Central Business District ("District"); and WHEREAS, the unregulated public possession and consumption of alcohol has created numerous public safety and nuisance problems; and WHEREAS, the Distnct is a compact and contiguous geographical area of the City in which at least ninety percent (90%) of the land is used for commercial purposes and has historically been the primary location within the City where business has been transacted ; and WHEREAS, the City Council finds that within the District there are individuals who engage in activities that create nuisances and pose threats to the health and safety of the citizenry of the City; and WHEREAS, the sometimes offensive and dangerous behavior of said individuals ;s often associated with their consumption of an alcoholic beverage; and WHEREAS, the City Council finds that the above described activities may hinder the efforts of the City, to include those of merchants located with the District, in attracting citizens and visitors to the City in general, as well as to said District; and WHEREAS, the City Council recognizes that the possession of an open container of an alcoholic beverage and public consumption of an alcoholic beverage within the District are risks to the health, safety and general welfare of the citizenry of Corpus Christi, as well as to that of visitors to the City; and WHEREAS, the City Council deems it necessary and proper and in the best interests of the citizenry of the City to petition the Commission for an order authorizing said City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage within the District; NOW THEREFORE BE IT RESOLVED BY THE CITY OF CORPUS CHRISTI THAT: SECTION 1. The City Council finds that the possession of an open container of an alcoholic beverage and public consumption of the same within the District are risks to the health safety and general welfare of the citizenry of the City; SECTION 2. It IS In the citizenry's best interests to petition the Commission for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage withIn the District SECTION 3. The City shall provide a copy of this resolution as a petition to the Commission, at the earliest possible date, for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage within the Distnct and SECTION 4. The City shall attach to said petition a copy of the map depicting the Distnct to be covered by said prohibitions, as well as such other information as may be beneficial to said Commission regarding these matters. AlTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form 1:1 c-. "" If (-M= (t-~~ Joseph Ha ey I Assistant City Attorney For City Attorney L__. 2006 The above resolution was passed by the following vote: Henry Garrett ______. Brent Chesney John E Marez Melody Cooper Jerry Garcia Corpus Chnstl Texas of Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott .2006 24 AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING DATE: Tuesday, May 9.2006 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE City Council Chambers, 1201 Leopard St., Corpus Christi, TX 78401 1 President Mark Scott calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Mark Scott, President Bill Kelly, Vice President Brent Chesney Melody Cooper Jerry Garcia Henry Garrett Rex A. Kinnison John E. Marez Jesse Noyola Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3 Approve Minutes of October 18, 2005 meeting. 4 Financial Report. 5. Consideration and approval of providing $16,500 to the City of Corpus Christi to assist in the relocation of the historic Mary Carroll House to Heritage Park. 6 Public Comment. 7 Adjournment. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING October 18,2005 2:45 p.m. PRESENT Board of Directors Mark Scott, President Bill Kelly. Vice President Brent Chesney Melody Cooper* Jerry Garcia Henry Garrett Rex A. Kinnison John Marez Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez. Asst. Secretary Cindy O'Brien, Treasurer Constance p, Sanchez, Asst. Treasurer ABSENT Jesse Noyola * Arrived at 2:46 p.m President Scott called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted, President Scott called for the approval of the minutes of the July 26, 2005 meeting. Mr. Garcia made a motion to approve the minutes as presented, seconded by Mr. Chesney, and passed. President Scott called for the financial report. City Manager Noe referred to a balance sheet and a summary of transactions for two months ended September 30, 2005. There were no questions. President Scott opened discussion on Item 5, a resolution pertaining to the proposed issuance of up to $15,000.000 in Multi-Family Mortgage Revenue Bonds in connection with a 250-unit apartment project by Costa Tarragona L Ltd. City Manager Noe explained that this item mirrored the resolution the Council adopted earlier during today's meeting. Mr. John Bell, legal counsel, further explained that the Housing Finance Corporations Act required that the City Council approve and authorize the CCHFC to issue bonds first, and then the CCHFC could meet and actually issue the bonds. He noted that the loan agreement, the trust indenture, and other related documents to the issuance. which were prepared by McCall Parkhurst and Horton, were available if the Council wished to view them. Hl' said staff hoped to close the transaction early next month. There were no comments from the Board. Secretary Chapa polled the Board members for their votes as follows: Minutes CCHFC Regular Meeting October] 8, 2005 Page. 5. RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE, SALE, AND DELIVERY OF MUL TIFAMIL Y HOUSING REVENUE BONDS (THE VILLAS AT COST A TARRAGONA I), SERIES 2005; APPROVING THE FORM AND SlJBST ANCE AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND INSTRUMENTS PERTAINING THERETO; AUTHORIZING OTHER ACTIONS AND DOCUMENTS; AND CONT AINING OTHER PROVISIONS RELATED TO THE SUBJECT, The foregoing resolution was passed and approved with the following vote: Scott, Chesney, Cooper, Garcia, Garrett, Kelly, Kinnison, and Marez, voting "Aye"; Noyola was absent. President SCOtl cailed for rubli( comment. There were no comments from the audience. There being ne> further business to come before the corporation, President Scott adjourned the meeting at 2:48 p.m. un October] 8. 2005. Corpus Christi Housing Finance Corporation Balance Sheet April 30,2006 Assets Current assets: Cash in bank Investments Accrued Interest Due from other funds Total assets Liabilities and Fund Balance Liabilities: Accounts Payable Due to other funds Total liabilities Fund balance: Undesignated Total fund balance Total liabilities and fund balance $ 32,690 245,000 84 $ 277,774 277,774 277,774 $ 277,774 Corpus Christi Housing Finance Corporation Summary of Transactions For Nine Months Ended April 30, 2006 Fund balance at August 1, 2005 Revenues: NRP Holdings-Bond App. Fees Interest Change in fair value of investments Application fees Participation fee Issuance fee Miscellaneous revenue Total revenues Expenditures: Property expense Administrative costs Legal fees Bond issuance fee (Infrastructures) Total expenditures Fund balance at Apnl 30,2006 ... $ 316,418 52,000 7,315 2,948 2,300 500 5,550 625 71,238 10,013 4,850 95,019 109,882 $ 277,774 MEMORANDUM TO: President Mark Scott and Members of the Board of CCHFC FROM: George K. Noe, General Manager DATE: May 5, 2006 SUBJECT: Call for a Meeting of the CCHFC I am requesting that a meeting of the CCHFC be held on Tuesday, May 9, 2006, during the meeting of the City Council beginning at 10:00 a. m. to consider one item. City staff has previously notified the City Council that the City has received a generous donation of the Mary Carroll home (formerly located at 901 Tancahua) for relocation to Heritage Park. The City Council has taken action to provide $50,000 from the CDBG program for renovation and restoration of the house once it is relocated to Heritage Park. The house is now ready to be moved and Mr. William Bell of JFK Home Movers who is working for the developer has offered to move the house at his cost of $16,500. I am requesting the Corporation Board to consider providing these funds to the City of Corpus Christi from the Corporation's unreserved balance. Staff would like to again recognize Mr. Charmquist who is redeveloping the property in the area and is donating the house; Mr. Myron Grossman who not only is assisting Mr. Charmquist in his real estate capacity but also is a member of the City's Landmark Commission and played a major role in facilitating the donation; and Mr. Bell who is providing his services at his cost. We believe that the relocation and renovation of this historic home in Heritage Park will add one further major dimension to the Heritage Park area. '- G rge K. Noe, General Manager