Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 06/06/2006 CITY COUNCIL AGENDA JUNE 6, 2006 Corpus Christi AlI-_rica CiIV 1145 A.M. - Proclamation declaring the week of June 3-11,2006 as "National Neighborworks Week" Proclamation declaring the week of June 5-16,2006 as "Texas Military Forces Week" Commendations "Susan Polgar World Open Chess Competition for Girls Under 21" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JUNE 6, 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 opporlunity 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 perlaining to your subject, please present it to the City Secretary Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or 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 Arthur Lane, St. Matthew Baptist Church. C,. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem John Marez Council 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 E. MINUTES: 1 Approval of Regular Meeting of May 30,2006. (Attachment # 1) Agenda Regular Council Meeting June 6, 2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a prevIous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdl'8wn 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. CON~NT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROII PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2.a. Resolution authorizing the City Manager or his designee to accept a grant from MarkWest Javelina Company in the amount of $8,000 for Industrial Fire Training in the General Fund Fire Department. (Attachment # 2) 2.b. Ordinance appropriating $8,000 in Training Revenues received trom MarkWest Javelina Company into the General Fund Fire Department tor Industrial Fire Training; amending the FY 2005- 2006 Operating Budget adopted in Ordinance No. 026385 by increasing estimated revenues and appropriations by $8,000 each. (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regutar Council Meeting June 6, 2006 Page 3 3.a. Motion authorizing the City Manager or his designee to accept a $1,000 gift from Walmart to purchase books and other library materials for the Northwest Branch Library. (Attachment # 3) 3.b. Ordinance appropriating a $1,000 gift from Walmart into the General Fund No. 1020 to purchase library materials and amending the FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $1,000. (Attachment # 3) 4.a. Motion authorizing the City Manager or his designee to accept an amendment for a grant increase in the amount of $555 to Contract No. 771-06040 with the Texas State Library and Archives Commission to augment unexpended funds to allow for additional staff training and travel. (Attachment # 4) 4.b. Ordinance appropriating an additional $555 from an amendment to Contract #771-06040 from the Texas State Library Archives Commission into the NO.1 068 Library Grants Funds to augment unexpended funds to allow for additional staff training and travel. (Attachment # 4 ) 5. Motion authorizing the City Manager or his designee to execute Change Order No. 7 for the reconstruction of County Road 20 from FM 2444 to the Cefe Valenzuela County Road 20 Drainage Culverts in the amount of$389,862.80 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. (Attachment # 5) 6. Second Reading Ordinance - Amending the Corpus Christi City Code of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article III - Marina, Section 12-46 - Prohibition against living aboard water craft, by changing "Prohibition against" to "Policy regulating" and directing Marina Superintendent to adopt a live aboard policy and limiting the prohibition to "Except as authorized by the Policy"; providing for penalties under Section 1-6, City Code of Ordinances. (First Reading 05/30106) (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 6, 2006 Page 4 I. PUBLIC HEARINGS: ZONING CASES: 7 Case No. 0506-03. Yorktown Oso Joint Venture: A change of zoning from a "FR" Farm-Rural District to a "R-1C" One-family Dwelling District. The property being 37.510 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, portions of Lots 17 through 20, portions of Lots 29 through 31, and a portion of Dunn's Point Drive, Block 3, Lot 15 and Block 4, Lot 1 , located south of Yorktown Boulevard and east of the future extension of Rodd Field Road. (Attachment # 7) Planning Commission and Staff's Recommendation: Approval of the "R-1 C" One-family Dwelling District ORDINANCE Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture, by changing the zoning map in reference to being 37.510 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, portions of Lots 17 through 20, portions of Lots 29 through 31, and a portion of Dunn's Point Drive, Block 3. Lot 15 and Block 4. Lot 1, from "F-R" Farm Rural District to "R-1C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty clause. J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 8. Unified Development Code Public Review Draft and Information Regarding the 45-day Public Review Period (Attachment # 8) K. REGULAR AGENDA CON8IDERA TION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 9 Resolution authorizing the City Manager or his designee to execute a five year Natural Gas Supply, Transportation, and Facilities Construction Contract with National Energy & Trade, CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 6, 2006 Page 5 L.P., of Houston, Texas for the purchase of 100% of the City's natural gas requirements to begin on July 1, 2006 and expire on July 1, 2011. (Attachment # 9) 10. Resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation Project, Inc. ("STAP") to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2007; authorizing the City Manager or designee to sign a contract with ST AP for the City of Corpus Christi's 2007 and, if economically feasible, 2008 electricity needs; and committing to budget for energy purchases in 2007 and, if economically feasible, 2008 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2007 and, if economically feasible, 2008 through STAP. (Attachment # 10) 11a. Resolution approving guidelines regarding request from qualified charitable organizations for property tax exemption under Section 11 184 of the Texas Tax Code (Attachment # 11) 11.b. Resolution granting request of AI Amin Shrine Center for property tax exemption under Texas Tax Code Section 11.184. (Attachment # 11) 11c. Resolution granting request of Corpus Christi Masonic Lodge No. 189, A.F. & A.M. for property tax exemption under Texas Tax Code Section 11 184. (Attachment # 11) 12, First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding definition of local exchange access line and 9-1-1 service fees; providing for penalties. (Attachment # 12) L. SPECIAL BUDGET PRESENTATION: 13, Overview of Proposed FY 2006-2007 General Fund Budget (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 6, 2006 Page 6 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 la junta y cree que su ingles es limitado, habra un inter prete 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 SERA 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 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. 14. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 15 Executive session under Texas Government Code Section 551.071, regarding contemplated litigation by Donald Beadman, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 6, 2006 Page 7 16. Executive session under Texas Government Code Section 551.071 regarding Larry Young, et al v. City of Corpus Christi, Cause No. 13-03-00559-CV, in the Thirteenth District Court of Appeals, with possible discussion and action related thereto in open session. 17. Executive session under Texas Government Code Section 551.071 for private consultation with its attorney regarding potential claims related to the construction of the American Bank Center Arena. with possible discussion and action 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. 18. CITY MANAGER'S REPORT * Upcoming Items 19 MAYOR'S UPDATE 20. 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 1:30 p.m., June 2, 2006. ()J1JVl art/to ~ {ri?lcJ Armando Chapa 'jJ{ r City Secretary J CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Reg,,'ar Council Meeting June 6. 2006 Page 8 NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 30,2006 - 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 Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Melody Cooper Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Jerry Ward of Lighthouse Tabernacle Pentecostal Church and the Pledge of Allegiance to the United States flag was led by Council Member Scott. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 23, 2006. A motion was made and passed to approve the minutes as presented. ~ . * * * * * * . * * * * Mayor Garrett referred to Item 2, and the following board appointments were made: Tr~sDortation Advisory Committee David Seiler (Reappointed) Daniel Carrizales (Reappointed) Karen Beard (Appointed) Curtis A Rock (Appointed) W*r Shore Advisory Committee Phillip Lara (Reappointed) Victor Menard (Reappointed) James H. Davis (Appointed) Dr. George H. Fisher (Appointed) Robert R. Vega (Appointed) *~"*****'>l**** Mayor Garrett called for consideration of the consent agenda (Items 3 - 17). There were no comments from the audience. A motion was made and passed to approve Items 3 through 17, constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting May 30. 2006 - Page 2 3 MOTION NO. 2006-156 Motion approving the purchase of six (6) pickup trucks, two (2) cargo vans and seven (7) sedans from the following companies for the following amounts in accordance with Bid Invitation No. 81-0123-06, based on low bid and low bid meeting specifications for a total amount of $216,558. The vehicles are purchased for Maintenance Services and Police. All vehicles are replacement units. Funds are available in the Law Enforcement Trust Fund and the Operation Budget of the General Services Department. Champion Ford Corpus Christi, TX Pickups and Vans $124,872 Access Ford Corpus Christi, TX Sedans $91,686 Grand Total: $216,558 The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 4. MOTION NO. 2006-157 Motion approving a supply agreement with National Meters, Inc., of Lancaster, Ohio, for approximately 8,000 gas service regulators in accordance with Bid Invitation No. 81-0124-06, based on low bid for an estimated annual expenditure of $103,600, of which $17,266.67 is budgeted in FY 2005-2006. The term of the agreement shall 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 in FY 2005- 2006 and requested for FY 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 5 MOTION NO. 2006-158 Motion authorizing the City Manager or his designee to execute an agreement with the CHRISTUS Spohn Health System for the provision of medical director services in the amount of $30,000. for the City's Emergency Medical Services and emergency medical educational services. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 6.a. ORDINANCE NO. 026793 Ordinance appropriating $1,000 from the Wal-Mart Foundation in the General Fund No. 1020-11700; amending the FY 2005-2006 Operating Budget, adopted by Ordinance No. 026385, by increasing the amount approved by $1,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. -~.<. Minutes - Regular Council Meeting May 30 2006.. Page 3 6.b. MOTION NO. 2006-159 Motion approving payment in the amount of $1,000 to the Police Explores Post #133 for purchase of equipment and training of the Police Explorers. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye"; Chesney and Cooper were absent. 7 ORDINANCE NO. 026794 Ordinance appropnating $14,505 from the sale of seized vehicles in the No. 1061-821005 fund for purchase of equipment and training of pOlice officers. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent 8.a. MOTION NO. 2006-160 Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed grant in the amount of $225,000 in the NO.1 067 Parks and Recreation Grants Fund for Site I! West for the continued support of the Weed & Seed Program from the United States Department of Justice (DOJ) The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 8.b. ORDINANCE NO. 026795 Ordinance appropriating a $225,000 grant from the United States Department of Justice for Site II West for the continued support of the Weed and Seed Program FY 2005-2006 in the No. 1067 Parks and Recreation Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent 9. RESOLUTION NO. 026796 Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for FY 2006-2007 Texas Department of Family and Protective Services (DFPS) 78415 Community Youth Development (CYD) Program, with $500,000 DFPS funding. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. Minutes - Regular Council Meeting May 30, 2006 - Page 4 10. ORDINANCE NO. 026797 Ordinance transferring $3,000 from the No. 1020 General Fund Account No. 202965-1020 to Account No. 530000-1020-13700; and appropriating the $3,000 to pay expenses for the Bay Jammin' Concert series. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 11. MOTION NO. 2006-161 Motion authorizing the City Manager or his designee to approve a Letter of Agreement between the City of Corpus Christi and the Beautify Corpus Christi Association (BCCA). The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye"; Chesney and Cooper were absent. 12. MOTION NO. 2006-162 Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Division of the Health Department and for the payment of record fees due to the State. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye"; Chesney and Cooper were absent. 13. MOTION NO. 2006-163 Motion authorizing the City Manager or his designee to execute a professional services contract with GISPlanning, Inc., of San Francisco, California for an amount not to exceed $34,600 for a license to the City for the online use of GIS Planning's ZoomProspector software as hosted by GISPlanning, Inc. for use as client's Economic Development Site- Selection Analysis GIS Web Site The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 14. MOTION NO. 2006-164 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $74,500 for the Wholesale Raw Water SCADA Improvements - 2005 Project for the Replacement of Master Meter NO.1 at O. N. Stevens Water Treatment Plant. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. Minutes - Regular Council Meeting May 30 2006 - Page 5 15. ORDINANCE NO. 026798 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Mako Communications, L.L.C. (Owner) for the right to construct, maintain, and replace two (2) awnings within the North Lower Broadway Street right-of-way and one (1) awning within the Peoples Street right-of-way, adjacent to the Mako Communications building, located at 518 Peoples Street; establishing a fee of $162. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent 16. ORDINANCE NO. 026799 Amending the Platting Ordinance by adding the authority to delegate duties under the Platting Ordinance and specifying authority for signing plats by a professional engineer employed by the City; providing a severability clause; providing a repealer clause; and providing for an effective date. (First Reading OS/23/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 17. ORDINANCE NO. 026800 Amending the Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, revising Section 53-251. Schedule II by adding the category "Other Through Streets"; by adding Parr Street, from Comanche Street to Ahern Street, Ahern Street, from Parr Street to Bluntzer Street, and Bluntzer Street, from Ahern Street to Agnes Street; providing for penalties. (First Reading OS/23106) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. .,... .~-****:*'ir*~** Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0406-06, G.P. McCreless, Juan Meiia and Encino-Cimarron G.P. c/o Tim Clower: A change of zoning from a "R-1 B" One-family Dwelling District/"A-1" Apartment House District/"A-2" Apartment House District to a "B-1" Neighborhood Business District. The property being 39 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6,7,8,9 and 10, located 375 feet southwest of the intersection of Saratoga Boulevard and Cimarron Boulevard City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-1" Neighborhood Business District No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed Mr. Chapa polled the Council for their votes as follows Minutes - Regular Council Meeting May 30.2006 - Page 6 18. ORDINANCE NO. 026801 Amending the Zoning Ordinance, upon application by G.P. McCreless, Juan Mejia and Encino-Cimarron G.P. c/o Tim Clower, by changing the zoning map in reference to 39 acres out of Lots 6, 7. 8, 9 and 10, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One-family Dwelling District, "A-1" Apartment House District and "A-2" Apartment House District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty clause. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. Mayor Garrett referred to Item 19, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0406-07, Alan Anderson: A change of zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District. The property being .0121 acres out of 4.85 acres out of Lot 8, Block B, Ocker Addition, located at 1111 Southern Minerals Road and approximately 450 feet north of Sedwick Road. City Secretary Chapa stated that the Planning Commission and staff recommended the denial of the "1-3" Heavy Industrial District and in lieu thereof, approval of a Special Permit for the above-ground fuel tank per the metes and bounds description. No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 026802 Amending the Zoning Ordinance, upon application by Alan Anderson, by changing the zoning map in reference to .0121 acres out of 4.85 acres out of Lot 8, Block B, Ocker Addition (currently zoned "1_2" Light Industrial District) by granting a Special Permit for an above ground fuel storage tank per the metes and bounds description; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0506-01. Arriba Development. LLC: A change of zoning from a "R-1 BOne-family Dwelling District to a "B-4" General Business District. The property being 1.97 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County, Texas, located at the northwest intersection of Interstate 37 frontage road and Sessions Road. City Secretary Chapa stated that the Planning Commission and staff recommended the Minutes - Regular Council Meeting May 30. 2006 - Page 7 denial of the "B-4" General Business District and, in lieu thereof, approval of a "B-1/SP" Neighborhood Business District with a Special Permit for a one year period that allows for a hotel or motel development *(Mr Chesney arrived at 10:10 8.m) No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 026803 Amending the Zoning Ordinance, upon application by Arriba Development by changing the zoning map in reference to 1.97 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County, from "R-1 B" One-family Dwelling District to "B-1" Neighborhood Business District with a Special Permit for a hotel/motel use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty clause An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Cooper was absent. Mayor Garrett referred to Item 21, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0506-02, Nasser Farahnakian: A change of zoning from a "R-1 B" One-family Dwelling District to a "B-4" General Business District. The property being 5.739 acres out of 254.069 acres, Abstract 988, Nueces County, Texas, located along the southwest comer of Clarkwood Road and the newly constructed State Highway 44 Bypass. City Secretary Chapa stated that the Planning Commission and staff recommended the approval of the "B-4" General Business District. No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Chesney. and passed. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 026804 Amending the Zoning Ordinance. upon application by Nasser Farahnakian, by changing the zoning map In reference to being 5.739 acres out of 254.069 acres, Abstract 988, Nueces County, Texas, from "R-1 B" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty clause. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye'" Cooper was absent ~* ~ * * * * * * * * * * Minutes - Regular Council Meeting May 30, 2006 - Page 8 Mayor Garrett referred to Item 22, a presentation on the Coliseum Redevelopment Request for Qualifications/Request for Proposals process. Mayor Garrett emphasized that the purpose of the today's presentation was solely to discuss the Coliseum RFQ/RFP process, not the contract negotiations. Mr Noyola stated that the Council had already discussed the Coliseum RFQ and RFP process previously. Assistant City Manager Oscar Martinez responded affirmatively, stating that staff had presented an overview of the RFP/RFQ process in June 2005, and an update in January 2006. Mr. Noyola expressed concern that the Council was discussing the Coliseum Redevelopment process because he felt It could jeopardize the city's contract negotiations. He was against discussing the process in public because he felt it did not show good faith, and said he would not participate in the discussion if it involved the contract Mayor Garrett asked City Attorney Fischer if the Council could legally discuss the Coliseum redevelopment RFP and RFQ process. City Attorney Fischer answered affirmatively, as long as the Council focused the discussion strictly on the process, not the contract negotiations. She said any comments related to the contract negotiations could be discussed during the Council's executive session Mr Scott stated that he did not feel that discussing the process presented a problem. He stated that he thought the Council's previous discussion regarding the Coliseum redevelopment had been open and transparent, but the public appeared to be confused about the process. Mr. Scott stated that he hoped staff's review of the process would help clarify any public concerns about the Council's decision. He also hoped the review would reaffirm the Council's decision. Mr. Chesney agreed with Mr. Scott. He felt the city had gone through the process properly the first time, but he did not oppose today's review. He said the Mayor and other Council members had asked for the presentation to reach out to the public's concerns. Mr. Garcia thanked staff for providing additional information on the Coliseum RFP/RFQ process He reviewed the information, and said it had answered many of his questions. Assistant City Manager Oscar Martinez briefly reviewed the Memorial Coliseum RFP/RFQ process. He stated that at the May 2005 City Council retreat, the Council identified downtown revitalization as one of six priority areas. Subsequently, the Council directed staff to formulate a plan for the re-use and redevelopment of the Coliseum by year's end. In June 2005, Mr. Martinez stated that staff made a presentation on the Coliseum's proposed re-use and rehabilitation, including the use of a RFQ followed by an RFP process to qualified developers The Council approved the process and authorized staff to proceed. Mr Martinez reviewed the guiding principles on the coliseum re-use as follows: project to be Identified quickly so the deteriorating Coliseum structure did not become an eyesore; project must conform to the Bayfront Master Plan; limited city financial involvement; project must support Downtown redevelopment as a priority; and a transparent process. Mr. Martinez provided a process summary as follows: issue RFQ to a large list of potentially Interested developers; review responses and short list developers capable of performing based on firm competence and experience: RFP issued to short listed firms selected for negotiations; proposals analyzed with one firm selected for negotiations; Council to approve developer selected; and Final Plan and Lease to be brought back for Council approval. Minutes - Regular Council Meeting May 30 2006 - Page 9 Mr. Martinez reviewed a summary of actions on the Coliseum redevelopment process to date as follows: RFQ issued on July 25, 2005; six qualification statements received on September 12, 2005; notice to respondents who were short listed (landlord, NRP, Wisznia, TRT) sent on October 5,2005; RFP issued on October 17, 2005; pre-submittal conference held on October 21,2005; review and analysIs of responses to RFP completed in early January, 2006; and Council presentation and recommendation to negotiate with TRT presented on January 30, 2006. Mr. Martinez discussed the RFP evaluation process. He said staff assessed the qualifications and competence of RFP responders to perform the required services. In addition, he said a city team and PFK, the city's consulting team, reviewed and ranked the proposals. He said Mr. Raymond Gignac and the Bayfront Master Plan team also provided comments for the city team to consider Mr Martinez reviewed the RFP requirements considered by the evaluators as follows: proposer's core competency; project concept; economic development potential; community needs addressed; redevelopment of the surrounding area; conformance with the South Central Development Plan and the Bayfront Master Plan. He said additional RFP requirements evaluated how the heritage of the building and plaque would be memorialized; the estimated cost and projected revenues; the timeline for project completion; explanation on community involvement; and provided financial information. Mr Martinez discussed the PFK report, which was 17 pages long and included three exhibits He said PFK noted on page 2 of their report that three of the four proposals were responsive to the RFP requirements as follows: NRP Group, TRT Development Company, and Wisznia Associates. He said the report ranked the three responsive proposals as follows: TRT- 8.9 points: NRP .8.1 points; and Wisznla Associates - 7.7 points Mr Martinez covered the PKF report's conclusions and recommendations, which include three options for consideration, depending on available resources and motivation. First, the city could select TRT because it was the only plan that offered a positive impact and required little or no financial resources from the city. Second, the city could select Wisznia Associates but only after the firm had completed market research and retained a specialty retail developer. In addition, he said the city would have to agree to make a financial contribution to the project as proposed. Third, the city could follow a modified version of the landlord Resources recommendation by taking charge of the development process to secure a "new urban" retail mixed use project on the site. Thus, the city would hire a nationally f"ecognized firm to develop the analysis, determine the "gap" in the financial feasibility, and only move forward if the "gap" could be overcome with city subsidy or financial support Mr. Martinez ther~ reviewed the complete Memorial Coliseum RFP scoring matrix, stating that the Landlord Resources proposal was not scored After the evaluation process was completed, Mr. Martinez reported that staff provided the Council with a summary of the responses, the evaluation process, and the scores. He said the Council directed staff to enter into negotiations with TRT Holdings on January 31,2006. He said staff was still negotiating With TRT in conclusion, Mr. Martinez stated that staff had been following the process approved by the Council, along with the guiding project principles, that were outlined from the start. Of the four proposals submitted, he said three proposals were responsive to the RFP; landlord Resources was not responsive and thus was not scored. He said the TRT Holdings proposal was rated as the best proposal because it met the city's requirements as stated in the RFP. He noted that if the city chose to consider any other approach such as landlord Resources or the PKF recommendation, then staff would have to reject the three current proposals and begin the process anew. Minutes - Regular Council Meeting May 30, 2006 - Page 1 0 After conferring with City Attorney Fischer, Mr. Garcia decided to hold his questions until the executive session item dealing with the coliseum redevelopment. Mr Marez asked Mr. Martinez if he or any other member of city staff had a hidden agenda regarding the coliseum redevelopment. Mr. Martinez replied negatively. Mr. Marez spoke in support of staffs actions regarding the Coliseum redevelopment process. Mr Chesney thanked staff again for reviewing the Coliseum material again for the public's information * w * * * * * * * * * * * Mayor Garrett opened discussion on Item 26 regarding the Texas International Yacht and Jet Plane Show Lease. City Manager Noe stated that at last week's meeting, Council Member Kinnison had raised a question regarding the definition of "net profits" in the agreement. He said staff had clarified the definition in the agreement in Item 26.a. of the two-part item. There were no comments from the audience. In response to Mayor Garrett's question, Marina Superintendent Peter Davidson stated that staff would present a road closure item for the Council's review to close the T -head for the show. Mayor Garrett thanked Mr. Davidson for his efforts. Mr Scott commented that he wanted Mr. Peter Bryant, the boat show organizer, to know that the city was excited that the show was coming to Corpus Christi. Mr. Bryant replied that the show was progressing well, and people were excited about the prospect of visiting the city. With the publicity from the show, Mr. Bryant stated that the city could become a boating center for the southern region, including Mexico City Secretary Chapa polled the Council for their votes as follows: 26.a. MOTION NO. 2006-165 Motion to amend prior to second 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; by amending Lease Section 6 to provide that City, in lieu of marina rental fees, shall received greater of: $25,000 or 10% of Net Profits, as defined in Exhibit F. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye"; Cooper was absent. 26.b. ORDINANCE NO. 026806 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 Intemational 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. (First Reading 4/25/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent Minutes - Regular Council Meeting May 30 2006 - Page 11 Mayor Garrett opened discussion on Item 27 regarding the new Southside branch library. City Manager Noe stated that the Council authorized staff to negotiate an Interlocal Agreement with CCISD for a new Southside library location located near Kaffie Middle School. Director of Libraries Herb Canales stated that the proposed agreement was approved by the CCISD School Board last Monday. He said the major features of the agreement were as follows: the library site would be next to Kaffie Middle School; CCISD would provide a long-term lease for a $1 annual fee; addressed design and security issues raised by the Council; and CCISD would help staff the facility (184-day contract year) and share utility and custodial costs (12 months). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 27. RESOLUTION NO. 026807 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to locate and jointly operate a branch library on district property next to the Kaffie Middle School. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. GarGIa, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent Mayor Garrett opened discussion on Item 28 regarding the Cimarron Boulevard Street Improvement Project Phase 2. City Engineer Angel Escobar reported that this project was funded through the Bond 2004 issue; he also noted that the city was doing Phase 2, from Yorktown to Mireles Elementary (Bison Street), before Phase 1, from Saratoga to Yorktown. He said approval of Item 28.a. would award the construction contract to H & G Contractors in the amount of $3,774,91 O. Approval of Item 28.b. Nould award the Construction Materials Testing Contract to Rock Engineering and Testing Laboratory in the amount of $32,639 Mr Escobar stated that the project included the reconstruction and widening of the existing unimproved two-lane roadway to a functional arterial four-lane roadway with the following features: continuous center turn lane; curb and gutter; sidewalks; driveways; underground utilities; lane striping and markings. and installation of wheelchair ramps to meet TDLR requirements. Additionally, he reported that the project Included improvements to the drainage ditch from the intersection of Yorktown and Cimarron Boulevard through Bill Witt Park. He said a traffic signal would be installed at the intersection of Cimarron and Yorktown. He also explained that the project was being awarded now so construction could begin in the summer when Mireles Elementary School was less occupied Mr Escobar reported that the city would be holding a citizens meeting at Mireles Elementary School during the second week in June to explain the project sequencing. He said the city planned to hold a news conference to publicize the meeting. Mayor Garrett asked if the construction would remove the "dogleg" on Cimarron Boulevard. Mr. Escobar replied negatively, saying the dogleg would actually be enhanced because the road had to transition to the east at Bison Street to avoid AEP transmission lines. Mr Garcia asked if the city had any plans to extend the four-lanes of Yorktown Boulevard to the Staples Street intersection. Mr. Escobar replied that staff would definitely recommend this project for the Bond 2008 Issue, if the Council chose to have one. Minutes - Regular Council Meeting May 30, 2006 - Page 12 Mr Garcia asked if the city planned to address drainage issues from Saratoga to Yorktown Boulevards. Mr. Escobar replied that Phase 1 of the project would address drainage problems through Drainage Ditch 27 He said staff would bring an item for Council consideration in June to authorize the design of the ditch. In response to Mr. Scott's question, Mr. Escobar replied that the bids for the stated project came in approximately $1 million less than staff had anticipated. Mr. Scott stated that with the escalating cost of construction materials, he questioned how staff was able to find bids that were under budget, asked whether staff was sacrificing quality for low-cost work. Mr. Escobar replied that the consulting engineer did phase the work out so the contractor would have a clear idea on how to best build the project. He said the contractor took advantage of this schedule to complete the work more inexpensively Mr. Scott emphasized that the public would prefer to have a good product in the end, even if it took longer to complete. City Manager Noe added that the city had benefited from having an adequate number of bidders who were motivated to do the work. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 28.a. MOTION NO. 2006-166 Motion authorizing the City Manager or his designee to execute a construction contract with H & G Contractors of Corpus Christi, Texas in the amount of $3,774,910, subject to certification of funds, for Cimarron Boulevard Street Improvement Project - Phase 2 - from Yorktown to Bison (Mireles). (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 28.b. MOTION NO. 2006-167 Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. in the amount of $32,639 for the Cimarron Boulevard Street Improvement Project Phase 2 - from Yorktown to Bison (Mireles). (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 29 regarding a number of tax abatement agreements. Director of Economic Development Irma Caballero explained that the city received three applications for tax abatements. She said the first application was from Ullah Investments, Inc., submitted on August 8, 2005, for the construction of a La Quinta Inn & Suites located on McKenzie Road and 1-37. She said the project qualified under the Renewal Communities program guidelines. thus, the project was required to meet job creation requirements. Ms. Caballero stated that abatement policy allowed for 100 percent abatement for no more than two years during the construction period, and 75 percent for the following two years. Ms. Caballero reported that the second application was from Shutters Management Ltd., submitted on May 24, 2006, to convert the Shutters Building on 602 Winnebago Street into high-end loft condominium facility. She said the estimated added value to the property was between $11.5 million to $12 million. Under the new Central Business District guidelines, she said there were no job creation requirements for this project. She said the abatement would be for 100 percent for the Minutes - Regular Council Meeting May 30 2006 - Page 13 two years of construction and 100 percent for the five years thereafter. Ms. Caballero reported that the third application was submitted by the Nueces Loft Apartments, L.P on May 22, 2006 for the adaptive re-use of a historic downtown building into 66 rental apartments (lofts, one and two bedroom units). She said construction would start in September 2006 and end In September 2007. She said this project qualified under the Renewal Communities program guidelines. She said the tax abatement would be 100 percent for up to two years of construction, and 100 percent for the five years thereafter Mr Marez spoke in support of the residential projects proposed for the downtown area. He liked that the city did not have to worry about the job creation requirements for these types of projects He thanked Ms. Caballero and staff for encouraging more development in the downtown area. Mr Kelly noted that the Ullah Investments project was approaching completion. He asked how the two-year construction abatement applied to this project. Ms. Caballero replied that the project was estimated for completion next month; however, the application was submitted in August 2005, and this would become the base year for the property value. Mr Kinnison stated that he did not support tax abatements for residential developments that passed on the abatements to the individuals who purchased units, especially when those abatements didn't make or break the prolect. Mr. Scott replied that the Council and the community were committed to stimulating growth in the downtown area, citing the new arena, baseball stadium, and storm water improvement in the area. He felt the current tax abatement program would help stimulate growth in the downtown area. Mr Garcia disagreed with Mr Kinnison's comments regarding residential project tax abatements. He felt anyone who was investing in the downtown area should utilize any and all residential or commercial property abatements available. He said he would look upon tax abatements favorably until the city reached a plateau of the return on investments. He thanked Ms. Caballero and staff for their efforts There were no comments from the public City Secretary Chapa polled the Council for their votes as follows: 29.a. RESOLUTION NO. 026808 Resolution authorizing the execution of an agreement with Ullah Investments, Inc. providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, GarGIa, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting "No"; Cooper was absent 29.b. RESOLUTION NO. 026809 Minutes - Regular Council Meeting May 30, 2006 - Page 14 Resolution authorizing the execution of an agreement with Shutters Management, Ltd. providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Marez. Noyola, and Scott, voting "Aye"; Kinnison voting "No"; Cooper was absent. 29.c. RESOLUTION NO. 026810 Resolution authorizing the execution of an agreement with Nueces Loft Apartments providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 30 related to the Marina's new live aboard policy. Mr. Scott asked City Secretary Chapa to provide him with the minutes from the June 22, 1999 Council meeting in which the live aboard policy was discussed. He wanted to remind the current Council members who voted against the policy in 1999 that he voted in favor of the policy six years ago. Marina Superintendent Peter Davidson reported that until recently, the Marina had not been able to support live boards due to lack of facilities, infrastructure, and rules and regulations. He said the Marina had recently installed three sets of modern bathrooms, showers, and laundry facilities at each of the land masses. In addition, the city planned to construct 158 new boat slips with built-in sewage treatment. Mr Davidson stated that staff felt that 10 percent, or two to four boats, of each pier or dock would be able to support live boards. He emphasized that the Marina was a true asset to the downtown redevelopment drive There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows 30.a. FIRST READING ORDINANCE Amending the Corpus Christi City Code of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article 111- Marina, Section 12-46 - Prohibition against living aboard water craft, by changing "Prohibition against" to "Policy regulating" and directing Marina Superintendent to adopt a live aboard policy and limiting the prohibition to "Except as authorized by the Policy"; providing for penalties under Section 1-6, City Code of Ordinances. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent 30.b. RESOLUTION NO. 026811 Minutes - Regular Council Meeting May 30, 2006 - Page 1 5 Resolution authorizing new Parks and Recreation Slip Rental Fees for live aboards at the City Marina under revised Section 12-46, Code of Ordinances; providing for effective date. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. GarGIa, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye"; Cooper was absent *. k * * * * * * * * * * Mayor Garrett referred to Item 31 , a special budget presentation reviewing the proposed FY 2006-2007 Operating Budget. City Manager Noe explained that today's presentation was a broad summary of the FY 2006-2007 budget components. He said subsequent to this week, staff would schedule specific funds for detailed reviews. Assistant City Manager Oscar Martinez stated that today's broad review would cover the budget process, the budget document, and provide a budget overview. Regarding the budget preparation process, Mr. Martinez stated that the Council directed staff in January 2006 to incorporate the following considerations In the budget process: maintain effective tax rate; enhance public safety services and street maintenance; no reduction in other services; and any amount in the Unreserved Fund Balance in excess of the 10 percent goal may be recommended for one time expenditures. Mr Martinez explained the process staff used to prepare the budget, including the following components: clear identification of available resources; departmental expertise; goal to maintain current level of service; consideration of existing contractual commitments; consideration of volatile cost of fuel/electricity; consideration of least critical costs and expanded level of service requests prepared by departments; conformance with city policies and procedures; and inclusion of balanced scorecard Mr Martinez also briefly reviewed the FY 2006-07 budget document format. Mr. Martinez provided an overview of the FY 2006-07 budget. He reviewed graphs depicting the combined fund summary for revenues and expenditures by fund. He noted that staff excluded the cost of natural gas in the graphs because the volatility of the market skewed the city's true operating costs. Regarding salary adjustments, Mr Martinez stated that the budget included a three percent, merit-based increase for Civilian staff effective March 1, 2007 In addition, he said a three percent Increase for Police and Fire sworn personnel effective August 1,2006 in anticipation of the ongoing collective bargaining negotiations Mr Martinez covered the estimated health Insurance increases for FY 2006-07 as follows: Citicare - 0 percent; Fire 10 percent; and Police - 0 percent. He said staff used an actuarial analysis to determine the increases, but also evaluated the current status of the risk management fund to minimize the increases where possible. Mr Martinez reviewed a chart depicting the projected fund balance for each of the major fund categories (General fund, Enterprise fund, Internal Service funds, Debt Service funds, and Special Revenue funds). He said staff tried to match revenues to expenditures, and maintain the projected fund balance whenever possible Mr Martinez referred to a bar graph illustrating the history of the General fund unreserved fund balance. He said the 2005 fund balance was approximately $17,613,398; the 2006 fund balance was estimated at $19 million at year's end. Mr. Martinez displayed a graph depicting a history of the city's net taxable values. He said the city was currently enjoying a high-growth trend with appraised values at $11.34 billion, an Minutes - Regular Council Meeting May 30, 2006 - Page 16 Increase of 8.2 percent over the prior year. He cautioned, however, that property tax and sales tax revenues comprised over 50 percent of General fund revenues, so the city needed to monitor trends carefully. He also said the city would not be able to take advantage of the increased appraised values because by adopting the effective tax rate, the city could earn revenues only from new growth, not from increased appraised property values Mr Martinez reviewed a chart illustrating the historical tax rate from 1996 to 2006 (estimated) The current General fund tax rate was slightly over 40 percent, equivalent to 1993 tax rate levels Mr. Martinez briefly discussed the tax rate split for the FY 2006-07 budget as proposed. The General Fund O&M rate was estimated to decrease from $.4266 to $.4082; the debt service tax rate of $.1991 would remain the same. The total tax rate would decrease from $.6257 to $.6073. City Manager Noe emphasized that staff estimated the tax rate with information from the Nueces County Tax Appraisal District. If the information changed, then the tax rate would change. Mr. Martinez reviewed a bar graph depicting the percent change in sales tax collections from 1992 to 2006. Mr. Noyola asked Mr. Martinez to check if the 2006 collections included revenue generated by the bowlers. In response to Mr. Garcia's question, Mr. Martinez stated that the school finance reform bill would have a minimal effect on the General Fund. In conclusion, Mr. Martinez covered the budget calendar as follows: June 6 - General Fund budget discussion; June 13 - Enterprise fund budget discussion; June 27 - Special Revenue/Internal Services/Debt Service funds; July 11 - public hearing; July 18 - first reading; and July 25 - second reading and adoption. He thanked budget and finance staff for their help in compiling the budget document. Mr. Scott stated that as the city went through the budget process, he emphasized the need to stimulate economic growth. Since the city was going to receive additional revenues from the bowlers convention, he emphasized the need to invest the funds well. He said the city was doing well, but compared to the rest of the State, it was not growing at the same rate. Mr. Scott suggested using a portion of the funds to increase the CVS's marketing budget to promote tourism. City Manager Noe replied that the city may find that the Hotel Motel tax revenues were higher than estimated, and then could provide a one-time allocation to the CVS. Mr Scott noted that the budget included reductions to the beach cleaning budget, and he wanted staff to explain this later. He also asked staff to provide a "cheat sheet" explaining what it meant to increase the tax rate by 1 percent; to increase the valuation rate by 1 percent; and to Increase the sales tax rate by 1 percent. Mr Noyola spoke in support of providing three-percent employee salary raises across the board, not based on merit He was also in favor of giving the CVB more funding for tourism marketing. Finally, he asked if the city could maintain the current utility rates without affecting the Capital Improvement Program. He said the city had increased utility rates by three to five percent per year recently. City Manager Noe replied that staff could provide information on the impact of today's decisions on the long-term rates so Mr. Noyola could decide for himself. * . x * * * * * * * * * Mayor Garrett called for a brief recess to present a proclamation. * * * * * * * * * * * * * Minutes - Regular Council Meeting May 30. 2006 - Page 1 7 The Council returned from recess. Mayor Garrett called for petitions from the audience. Ms. Susan Thiem spoke against the alleged forced resignation of Ms. Cherrie Stunz, the former Animal Care services director Mr. J.E. O'Brien. 4 30 Pompano asked the Council to consider reinstating the city's internal auditor position ~. * * * * * ~. * . * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows 32. Executive session LInder Texas Government Code Section 551.072, deliberations about real property and Section 551.087, deliberations regarding economic development negotiations, as it relates to Coliseum Redevelopment, with possible discussion and action in open session. 33. Executive session under Texas Government Code Section 551.071 for private consultation with its attorney regarding potential claims related to the construction of the American Bank Center Arena, with possible discussion and action in open session. The Council went Into executive session. , * * * * * * * * K * * The Council returned from executive session. Mayor Garrett called for the City Manager's report. City Manager Noe reported that the city's public libraries were offering a summer reading program beginning at 11 00 a.m. today. He also announced that the Texas City Managers Association conference was being held In Corpus Christi from June 1-4 at the Omni Marina Hotel. Mr. Noe reported that beginning on May 31, the city would begin the outreach and review process for the Unified Development Code. The Planning Commission would review the draft on May 31, and the Council would review the draft on June 6. Subsequently, he said the public would have 45 days to comment on the draft Mr Noe reported that the fOllowing Items were scheduled for consideration next Tuesday as follows Genera! Fund budget review and the new gas contract. On June 13, the Council would consider the Enterprise fund budget and recommendations from J. Quad Associates regarding the Model Block Program ~ * * * * * * * * * * * Mayor Garrett re-opened the public comment period. Ms. Delphia White, 6202 Hartock Circle, spoke regarding a loose dog that was threatening to bite her in her neighborhood. Council Member Noyola stated that Ms. White had contacted him and various city departments regarding her problem to no avail City Manager Noe replied that staff could send a Directed Patrol Officer to the talk to the dog owner. He said the city could only cite the dog owner when the dog was caught. Mr. Scott added that the city could also impound the dog once it was caught. Mayor Garrett said the city would continue to work with her . , ~ * * * * ~ * * * * * Mayor Garrett called for Council concerns and reports. Mr. Chesney stated that there had been talk about restructuring the eVB Board, and he asked for an update. City Manager Noe Minutes - Regular Council Meeting May 30, 2006 - Page 18 replied that the CVB contract had expired, and staff had discussed the potential of reorganizing the board into a smaller group (11 members) with different categories (four members from industry and seven members at large). He said a recruitment effort was taking place to assemble nominees. Staff would bring the contract to the Council within the next two to three weeks. Mr. Chesney asked staff to include the internal auditor position in the proposed budget for consideration. City Manager Noe replied that staff would provide information on the costs for an Internal auditor in the budget presentation. Mr. Chesney also reported that Dr. Minz was experiencing an ongoing problem with cutoff valves at his residence. He asked Mr. Noe to look into it Mr Noyola stated that constituents had contacted him about the city's holiday trash pickup schedule. He said residents on a MondayfThursday pickup schedule only had trash pickup once in a week when a holiday fell on a Monday. He asked if those residents were prorated for the reduced service. City Manager Noe replied that the city only had seven designated holidays, and not all of the holidays fell on Mondays. He said no one could be impacted seven times a year by the holiday schedule, but more like three or four times a year at the maximum. He said the city did not prorate the bills because the total amount of trash that residents put out was the same, whether it was once or twice a week. City Manager Noe said the other option was to pay overtime and not offer employees the holiday time. Mr. Noyola did not want the city to pay overtime, but asked Mr. Noe to look into offering a discount those weeks when residents did not have trash pickup twice a week. ~ ~ * * * * * * * . * * * Mayor Garrett recessed the regular Council meeting to hold the Tax Reinvestment Zone No. 2 and North Padre Island Development Corporation meetings. ~ ~ * * * * * * * * * * * The Council returned from recess. Mayor Garrett opened discussion on Item 25 regarding a bond issuance by the North Padre Island Development Corporation. Director of Financial Services Cindy O'Brien reported that the Council must ratify the NPID Board's resolution to issue $2.9 million In bonds for Padre Island. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 026805 Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2006 Bonds in an aggregate principal amount not to exceed $2.9 Million The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained; Cooper was absent. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1 :50 p.m. on May 30, 2006. * ~ * * * * * * * * * * * 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/06/2006 AGENDA ITEM: Item A Resolution authorizing the City Manager. or hIS designee, to accept a grant from Markwest JavelIna Company m the amount of $X,OOO, for mdustnal tire training, in the General Fund Fire Department. (tern B Ordlllance appropriatlllg $8,000 in Training Revenues received from MarkWest Javelina Company. into the General Fund Fire Department for industrial fire training; amending the FY 2005- 2006 OperatIng Budget, adopted ill Ordinance No. 026385 by increasing estimated revenues and appropriations hy $8,000 each: and declaring an emergency. ISSUI; rhe Fire Department has recel\cd a check from MarkWest Javelina Company in the amount of $8J)00.00 for the specific purpose of training Firefighters in industrial firefighting. Several classes will be offered in llldustrial fire fighting through the Texas Engineering Extension Service at Texas A&M University in College StatIOn. The Fire Department will enroll as many firefighters in training as funds perrlllt. REQliIRED COUNCIL ACTION Council approval is required to authorize the City Manger to amend the FY 2005-2006 Operat1l1g Budget and Appropriate the $8,000 for industrial firefighter training. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends amending the FY 2005-2006 Operallng Budget and appropriatll1g $8.000 for industrial firefighter training. Ric ard Hooks Acting Fire Chief Attachment: 1. Resolution 2. Ordinance C:\Documents and Settings,MlS\My [)ocuments\Tnining Relmburments\Agenda Industrial FF Training.doc BACKGROUND INFORMATION Javelina Refinery IS withm the Clty of Corpus Christi limits. As such, we are responsible for providmg tire protection and emergency medical services. The grant will allow firefighters to reeel ve up-to-date technical industrial firefighting trall1ing. C:\Documents and Settings\MIS\My Documents\Training Reimburments\Agenda Industrial FF Training.doc RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT FROM MARKWEST JAVELINA COMPANY IN THE AMOUNT OF $8,000.00, FOR INDUSTRIAL FIRE TRAINING, IN THE GENERAL FUND FIRE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept a grant from the MarkWest Javelina Company in the amount of $8,000.00 for industrial fll'e training, in the General Fund Fire Department. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: wL... _ :3:':> ,2006. j By: ~l~/ Joseph mey 0 - Assistant City Attorney F or City Attorney Reso-Fire-Java 2 Corpus Christi. Texas m ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ReIO-FIre-Java AN ORDINANCE APPROPRIATING $8,000 IN TRAINING REVENUES RECEIVED FROM MARKWEST JAVELINA COMPANY INTO THE GENERAL FUND FIRE DEPARTMENT FOR INDUSTRIAL FIRE TRAINING; AMENDING THE FV 2005-2006 OPERATING BUDGET, ADOPTED IN ORDINANCE NO. 026385 BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,000 EACH; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,000 in training revenues received from MarkWest Javelina Company is appropriated in the General Fund Fire Department for industrial fire training SECTION 2. That the FY 2005-2006 Operating Budget, adopted by Ordinance No. 026385, is amended by increasing estimated revenues and appropriations by $8,000.00 each SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 6th day of June, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Henry Garrett Mayor ~..tll "- ~ .3 j 2006 By: /e!h Joseph amey () Assistant City Attorney For City Attorney Ord-Appr -Fire-Java 2 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: l/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia BiR Kelly Rex A Kinnison Jesse Noyola Mark Scott 3 AGENDA MEMORANDUM DATE: June 6, 2006 Sl BJECT: So, I ,OliO I lit! 11'011 \'v al mart for the Northvvest Branch Library AGENDA ITEMS: a i MotIon authonzing the City Manager or his designee to accept a $1,000 gift from Walmart to purchase booKs and other library materials for the Northwest Branch Llbran b Ordll1ance appropriating as! .000 gift from Walmart into the General Fund No. IU20 to purchase library materials and amending the FY 2005-2006 operating budget adopted by Ordinance No. 026385 to increase appropriations by $1,000; and declanng an emergenc\ ISSIE: \\ alman h'ls contrihuted $1,000 t(l the Northwest Branch Library to purchase boob and other library matenals REQUIRED COlJNCIL ACTION: Appropriation of funds require Council action. RECOMMENDA TION: Slaff recommends gift acceptance and appropriation of funds. ~c~~ Herb Canales Director uf Libraries ORDINANCE APPROPRIATING A $1,000 GIFT FROM WALMART INTO THE GENERAL FUND NO. 1020 TO PURCHASE LIBRARY MATERIALS AND AMENDING THE FY 2005-2006 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026385 TO INCREASE APPROPRIATIONS BY $1,000; AND DELCARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $1,000 gift from Walmart is appropriated into the General Fund No. 1020 to purchase library materials and the FY 2005-2006 operating budget adopted by Ordinance no 026385 is amended to Increase appropriations by $1,000. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for Immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 6th day of June, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: 31 May 2006: ~F\\l\[tL i:'a.r(~ _ Veronica Ocanas Assistant City Attorney for City Attorney 06 va 0606 WalmartAppOrd doc 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 4 AGENDA MEMORANDUM 81 BJECT ('orpus ,'hristi Public Library Interlibrary Loan c\mcndment to cuntracl #771-06040 for state fiscal year 2005-2006 DATE: June 6, 2006 A(.FNDA ITEMS a J 1\lotiun authorizing the ell) \lanager UI IllS deSignee to accept an amendment for a grant increase in the dnW1l11l \11 $555 tu contract #771-06040 with the Texas State library anJ\rchives (ommission to augment unexpended funds to allow for additional staff training and travel b) Ordinance appropriating ,m additional $555 from an amendment to contract #771- 06040 trorn Ple !'exas Srate Ibrary and Archives Commission into the no. 1068 library Granls I und to augment unexpended funds to allow for additional staff tlaming and travel: and declaring an emergency ISSl E: The lex as Stale l,ibrary and Archives Commission designates and funds ten regional Inlerlibrary L,.an Centers in Texas each fiscal year. Corpus Christi Public Library has been the Interilbrary Loan Center for the South Texas Library System since 1971-72 and continues te be so designated in the state fiscal year 2005-2006. Each of these Interlibrary LC1an Centers (] U ) provides lI1terli brary loan and referral services for any public, special or academi,: !J brary [J1 the I LC s geographiC service area which is designated by the Texas State Library ,1l1d Archives Commission. [LC's promote and facilitate the lending and hOml\Vln~' l[ ibrlf\ matcriab llllong libraries through Texas and the United States. PREVIOllS CO( NeiL ACTION CUlltract if-:""'dhd4( \\a:-- 1li1t!-llJalh appro\ cd b\ Council on September 13, 2005 by Resoiution :]0 !)::'1l44X REQUIRED COUNCIL ACTIO": Appropriati()nA lunds requin' C!I\ ('ounctl ApprovaL RECOMMENDATION: Staff recommends appropriation of funds. 4~-~~ Herb Canales Director of Libraries ORDINANCE APPROPRIATING AN ADDITIONAL $555 FROM AN AMENDMENT TO CONTRACT #771-06040 FROM THE TEXAS STATE LIBRARY ARCHIVES COMMISSION INTO THE NO. 1068 LIBRARY GRANTS FUND TO AUGMENT UNEXPENDED FUNDS TO ALLOW FOR ADDITONAL STAFF TRAINING AND TRAVEL; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional $555 from an amendment to contract #771-06040 from the Texas State Library and Archives Commission is appropriated into the No. 1068 Library Grants Fund to augment unexpended funds to allow for additional staff training and travel SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for Immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 6th day of June, 2006. ATTEST THE CITY OF CORPUS CHRISTI ----..-- _..~-_.._- --------"_.-- Armando Chapa City Secretary Henry Garrett Mayor APPROVED: 31 May 2006: I k . '" C "<:y-i .. \i' L IL. -lUU Ver' ica Ocanas Assistant City Attorney for City Attorney 06 VO 0606 TSLACAppOrd.doc Corpus Chnstl Texas Day of 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chnstl Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency eXists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council Respectfu lIy. Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E Marez Jesse Noyola Mark Scott 5 AGENDA MEMORANDUM DATE: June 6,2006 SUBJECT Cefe Valenzuela _andfill - Project 5186 AGENDA ITEM Motion authorizing the City Manager. or his designee, to execute Change Order NO.7 for the reconstructior of County Rcad 20 from FM 2444 to the Cefe Valenzuela County Road 20 Drainage Culverts in the arnount of $389.862.80 with Longhorn Excavation, Inc., of Richmond Texas foe the Cefe Valenzuela Landfill Site Development Project. ISSUE: County Road 20 IS iJ1adequately constructed to withstand heavy truck traffic between FM 2444 anc the Cpfe Valenzuela Landfill entrance road. Nueces County declined to reconstruct the road. but has approved the redesigned road section and reconstruction if performed by the City RECOMMENDATION: Approval of the motion as presented. ( p:J;/ l ~ It ft b/#c' --~L.; L_'_~ C~ ~b 9 I R Escobar. P E fC7(ZJeffrey Kaplan irector of Engineerng Services Director of Solid Waste/Street Services Attachments a. Additional Information b. Change Order Summary o Site Map H\HOME\KEVINS\GEN\LANCi'-'ILL 'jalenZ'le!c 'iv1enwdoc ADDITIONAL INFORMATION CHANGE ORDER: The change order provides for the widening and reconstruction of County Road 20 between FM 2444 and the County Road 20 Cefe Valenzuela storm water culverts. This will provide access to the Cefe Valenzuela Landfill entrance road on a street section designed to accommodate fully loaded garbage and transport trucks. The change will result in a roadway matching the section design of the entrance roadway. The roadway will have a 6- Inch compacted subgrade 15-inch crushed limestone base and 3-inches of asphaltic concrete pavement. The change order summary is attached. See Exhibit B. NUECES COUNTY COORDINATION/APPROVAL: The City approached the County Public Works Department regarding the development of Cefe Valenzuela Landfill. Based on agreements with neighboring property owners all truck traffic will approach the landfill from the north on FM 2444 and access the landfill entrance by turning west on County Road 20 County Road 20 is a 20-foot wide paved roadway. County Road 20 IS constructed with a rural county road section that has only 3 to 4-inches of based material This is inadequate to sustain continuous truck traffic. Nueces County stated that they did not have funding to reconstruct the roadway. They did review and approve the design of the City's drainage culverts to be installed across County Road 20 The City received permission to install the culverts and permission to construct an improved roadway section after review of the proposed roadway section. The reconstruction of the roadway was to be undertaken as a change order once additional bond funds were sold prior to opening the landfill The timing of the change order will allow the contractor to coordinate the paving of roadways within the landfill and the reconstruction of Countv Road 20 PRIOR COUNCIL ACTION: The most recent actions to initiate actual construction of Cefe Valenzuela Landfill have been: July 15, 2003 - ResolutIon authorizing the City Manager, or his designee, to execute a Local Project Advanced Funding Agreement for Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in the amount of · $16,000.000 for preliminary engineering; and · $900,000.00 for construction December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 0 for engineering services with Shiner, Moseley & Associates, Inc. in the amount of $222,000 for the finalization of plans for Cefe F. Valenzuela Landfill. January 25, 2005 - Motion authorizing the City Manager, or his designee, to increase the HIHOME\KE !iNSIGEN\LA\JDFILL . Jalenzuela\C07BkgExhA.doc Exhibit "A" I Page 1 of 3 escrow funding with the Texas Department of Transportation (TxDOT) in the amount of $15748245 for the construction of a proposed drainage culvert on FM 70 to serve Cefe Valenzuela Landfill March 29, 2005 - Approval of the FY2004 Capital Budget, Ordinance No. 022188. AUQust 30,2005 - a. Motion authorizing the City Manager, or his designee, to execute a construction contract In the arlOunt of $14,875.294 00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe >=' Valenzuela Landfill Site Development Project (M2005-308). b. Motion authorizing tne City Manager, or hiS designee, to execute a materials inspection, testing and laboratory services contract in the amount of $283,059.50 with Kleinfelder of Corpus Chrst T ~xas for theCefe F Valenzuela Landfill Site Development Project (M2005-309) October 25,2005 - Motion authorizmg the City Manager, or hiS designee, to approve an aid to construction In the amount of $196.540,00 with Nueces Electric Cooperative to extend electrical power to the Cefe F Valenzuela Landfill Site Development Project (M2005-370). December 13, 2005 - Motion authorizing the City Manager or his designee, to execute Change Order No 1 to increase the Enterprise Products pipeline adjustment allowance in the amount of $159 965.00 with Longhorn Excavation, Inc of Richmond, Texas for the Cefe 1= Valenzuela Landfill Site Development Project Mav 16, 2006 a. Motion authorizing the City Manager, or hiS designee, to execute Change Order NO.6 for the excavation and transport of overfill from J, C Elliott Landfill Sector 9 to Sector 11 Ir' the amount of $547,500.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F Valenzuela Landfill Site Development Project (M2006-143). b. Motion authorizing the City Manager, or his designee, to execute a work order with BFI Waste Services of North America, Inc of Scottsdale. Arizona, in the amount of $848,400 00 for the spread compaction and cover of overfill from Sector 9 delivered to Sector 11 of J C Elliott Landfill In accordance with the terms of the Landfill Services Agreement (M2006-144) Mav 1jL2006- Ordinance by the City Council of the City of Corpus Christi providing for the Issuance of City cf Corpus Christi Combination Tax and Solid Wastes Revenue Certificates of Obligation, Series 2006, in an amount not In excess of $20,000,000 and ordaining other rnatters related to the subject (Ord No, 026783). ADMINISTRATIVE ACTIONS: December 14, 2005 - Approval of Change Order No 2 to decrease pay allowance by $40,000 00 for the Duke Energy pipeline adjustment December 28.2005 - Approval of Change Order No, 3 in the amount of $13,800.00 to increase allowance for Onyx Energy pipeline adjustment (Pay Item 21). January 25. 2006 - Approval of Change Order No, 4 in the amount of $24,570.00 to provide and install 6 500 If of 5-strand barbed wire fence with galvanized T-posts and two corners March 31,2006- Approval of Change Order No, 5 in the amount of $16,547.53 for various civil, mechanical architectural and pipeline adjustments. H:\HOME..KEVINS\GU~._t\Nl'FIL ValenzuelJ\CC 7RhgExhA doc Exhibit "A" I Page 2 of 3 FUTURE COUNCIL ACTION: Award of contracts for Cefe Valenzuela Landfill including: · Award of any necessary change orders; · Award of a construction contract for a citizens collection center and solid waste transfer station at J. C. Elliott Landfill; · Design and construction of future disposal cells FUNDING: Funding IS available from the from pending Landfill CIP Bond Sale based on the reimbursement resolution. H .IHOME\KEVI NSIGEN\LANDFILL \ValenzuelalC07 BkgExhA.doc Exhibit "A" I Page 3 of 3 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JUNE 6 2006 PROJECT: Cefe Valenzuela Landfill Site Development - Project No. 5186 J C Elliott Sector 9 Overfill APPROVED Motion No 2005-308 08/30/05 CONTRACTOR: Longhorn Excavators Inc. 8653 F.M 2775 Road Richmond. TX 77469 TOTAL CONTRACT AMOUNT. 25% Limit Amount 14,875,294.00 3,718,823.50 Change Order No 1 (12/13/05) Change Order No 2 (12/13/05) Change Order No 3 (12/28/05) Change Order No 4 (01/25/06) Change Order No 5 (03/31/06) Change Order No 6 (05/09/06) Change Order No 7 (06/06/06) 159,965.00 ($40,250.00) 13,800.00 24,830.00 16,547.53 547,500.00 389,862.80 Total. 1.112,255.33 = 7.48% < 25% CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO ~ FUNDING SOURCE: 550910-3359-00000-140565 CONTRACT TIME: 425 C.D. Operating Department: Enqineerinq Services DATE: June 6, 2006 Name of Project Cefe F. Valenzuela landfill Site Development Proiect 2 - Proiect No. 5038 Contractor: lonQhorn Excavators, Inc CHANGE AS FOllOWS Reconstruct approximately 3,500 I.f of County Road 20 from FM 2444 to Cefe Valenzuela CR 20 storm water culvert crossing as a 24-foot wide asphalt roadway as per specifications and plans per attached unit quantities TOTAL ADD DEDUCT $389,862.80 Why was this change necessary? (If left off the plans and specifications, explain why) County Road 20 has only a 3 to 4-inch base that cannot support truck traffic. County declined to reconstruct the roadway, but approved the proposed desiqn if performed bv the City. How can similar changes be avoided in the future? Execute interlocal aQreement with other Qovernmental lurisdictions in advance of biddinQ. A CONTRACT PRICE. B. TOTAL CHANGE ORDER (inc current).. C. NEW CONTRACT PRICE ... D. THIS CHANGE ORDER.. E. PERCENT TOTAL CHANGE (BfA).... ... F. PREVIOUS ADDN'l TIME AUTHORIZED.. G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME.. ...... CITY OF CORPUS CHRISTI, TEXAS ...$ 14,875,294.00 .. .$ 1,112.255.33 ...$ 15,597.686.53 ...$ 389,862.80 7.48 % OCD OCD OCD CONTRACTOR Project Engineer By__ City Engineer By: Title APPROVED: Operating Department Director of Management & Budget legal Department Change Order No 7 Unit Quantities Description Excavation of approximately R" of existing asphalt and base material 2 Haul base and asphalt to stock pile near new landfill cell 3 Excavate remaining sub-grade dirt and haul to stock Pile near Channel "C 4. Place one foot (1 'j select fill in roadway subgrade 5 Place 15" crushed limestone base In roadway 6. Install 3500 If of asphalt 24 Wide - 3' thiCk 7 Allowance to seed disturbed areas 8 Provide necessary traffic control dunng construction 9 Borrow Pit Preparation 10 Mobilization/demobilization - two additional haul trucks No work is included within the FM 2444 TXDOT right of way No stripping or pavement markings are included No cost is included in event of utility conflicts ~ Unit Price Amount 1987 cy $3.00 $5,96100 1987 cy 6642 cy 3629 cy 7962 tons 9333 sy 1 1 1 $3.50 $6,954.50 $3.50 $23,247.00 $6.00 $21,774.00 $20.40 $162,424.80 $16.50 $153,994.50 LS $3,00700 LS $5,000.00 LS $3,500.00 LS $4,000.00 Total $389,862.80 , ~~ N& .... F. :z u.. '" C ~ >1WY 44 T--- I l ,1-_ -t-\_ '1 i lT I ai '" r'~h____ up '~;,_, \ lVUECES '} ~~R \. "" ~ I '-., '~, ~;::~~,~O-'lD -----.~~. I .' ".,~ i . >____'.::;, ______, __ _ z : ~ I -CGlc4RD"-," ~i il' ~--, ~I ~ ~ I :3 a I ' ~ I ? ,::y i ~GNES >- <5 '" ::c CORPUS :::> "" "-' u CHRISTI '" 0 :i CD INTERNATIONAL ~ ~IRPORT ~ >0: C>:: :5 U~. ----1__ __ U '" BEAR \, I L CORPUS "~ I I ~~ ~Cj 'O~<;j fYi!' c ," 66~ /.- C"'..j r Nl. ____~ -- c_ ~ --- f'7,C. ELLIOTT ~NDFILL .-/ ~/ -/ ~ Ht 43 f\JUECES (,~OijNTY ~~-] - '~665- \-~ · r --~L iU ____:n~, J c_~ # 71 _ _.l_, I" C ^O' RD ,~ /"---"--- ~ i ----I I PROJECT # 5186 c.o <Xl N :r: l"- V) '<t' 0 e::: 0 u ( ,FM 2444 I i F.M. 18 F.M. 16 CEFE F. VALENZUELA MUNICIPAL LANDFILL '" U"l o C>:: o Cl FMJ I LOCA TION MAP NOT TO SCALf EXHIBIT "e" CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/31/2006 ~ CEFE F. VALENZUELA LANDFILL (reconstruction of CR. 20) (Change Order No.7) 6 Page 1 of 4 AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES, CHAPTER 12 -BOATS, BAYS AND WATERWAYS, ARTICLE 111- MARINA, SECTION 12-46 - PROHIBITION AGAINST LIVING ABOARD WATER CRAFT, BY CHANGING "PROHIBITION AGAINST" TO "POLICY REGULATING" AND DIRECTING MARINA SUPERINTENDENT TO ADOPT A LIVE ABOARD POLICY AND LIMITING THE PROHIBITION TO "EXCEPT AS AUTHORIZED BY THE POLICY"; PROVIDING FOR PENALTIES UNDER SECTION 1-6, CITY CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi City Code Of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article 111- Marina, Section 12-46 - Prohibition against living aboard water craft, is amended by changing the "prohibition" to "policy regulating" and directing the Marina Superintendent to adopt a Live Aboard Policy regulating living aboard water craft, and limiting the prohibition to 'except as authorized by the policy", to read as follows "Chapter 12 - BOATS, BAYS AND WATERWAYS "ARTICLE III - MARINA * * * * * "Sec. 12-46. Policy regulating Prohibition against living aboard water craft. (a) The Marina Superintendent shall adopt and administer a Live Aboard Policy reQulatinq livinq aboard water craft at the Marina. .t.Qlfat-Except as authorized by the Live Aboard Policy, no Ne water craft whatsoever that wfH€H is being used by the persons aboard as a dwelling unit shall be permitted to moor. tie up or anchor within the marina, its basins, fairways, and anchorage areas, as these W€t:l areas are defined and described in the United States Corps of Engineers geodetic chart and map of said areas i..QLfbf-As used in thIs section Dwelling means any water craft that wf:H€R is being used as a permanent abode or residence in which a person or persons have the intention of remaining. Consideration will be given to whether the person or persons residing thereon maintain another ,; Doyle.!:; iJ6\ORD200:'i6\,'Jrdina'\ces.OC :33CDC "doptU',Abo! j Poi,cy Rev 1246,Orddoc Page 2 of 4 dwelling place, but whether or not another dwelling place is maintained shall not be determinative of whether the water craft is being used as a dwelling unit. Transient craft means a vessel that does not occupy a boat slip in the city marina by virtue of any contractual agreement with the city or other authorized entity. Transient slip means any marina boat slip occupied by a transient craft. (QlfGj-Exceot as authorized bv the Live Aboard Policv, use Yse of a water craft other than a transient craft for more than fifteen (15) days during any calendar month as a dwelling is prohibited. {&(G}- Transient craft shall be permitted to tie up, moor or anchor in an area in the marina assigned by the marina supervisory staff. ilLte+- The transient craft's owners, crews or guests may stay aboard the craft for a period of up to sixty (60) consecutive days, provided: (1) A transient craft permit is obtained from the office of the marina superintendent designating the craft as a temporary dwelling for a period not to exceed sixty (60) consecutive days from date of issue; (2) The transient craft permit is presented to city staff upon request; and (3) Further provided the transient craft's owners, crews, and guests comply with all other rules and regulations of the marina during the transient craft permitted period. illlJf}-A transient craft permit may be renewed one time during any twelve-month period by the marina superintendent or his designated representative upon a clear showing by the transient craft's owners, crews, or guests that all rules and regulations of the marina have been complied with during the previous transient craft permitted period. LblmThe violation of any applicable provision of this Code by the transient craft's owners, crews, or guests during a permitted period may subject the transient craft permit to immediate revocation by the marina superintendent. ULfAt-A regular slip tenant may stay aboard his/her craft while the craft is tied up, moored or anchored within the marina at the approved assigned slip provided: (1) A temporary stay aboard permit is obtained from the office of the marina superintendent designating the craft as a temporary dwelling for designated days not to exceed a total of fifteen (15) days during the calendar month specified in the permit; during any calendar month the total stay aboard days shall not exceed a total of fifteen (15) days. (2) The temporary stay aboard permit is presented to city staff upon request; and el( Doyle 03 06\ORD2003 06\Ordlnanc.es\06 0330DCAdoptLivAbord. Policy Rev 12.460rd .doc Page 3 of 4 (3) Further provided the regular slip tenant complies with all other rules and regulations of the marina during the temporary stay aboard permitted period. tiL.(ij--No raw sewage. garbage, Junk, waste, oil or any other substance whatsoever that might pollute or damage the aesthetics or the water quality shall be deposited or permitted to be deposited in the waters of the marina, its basins, fairways and anchorage areas i.!s.LffiuNo person or persons shall be permitted to use the land areas of the Corpus Christi Municipal Marina, the L-head and T-heads, or any other land area of the marina as a dwelling place for any length of time, whether the person or persons be in a vehicle, tent, any improvised shelter or without shelter. As defined herein, an overnight stay shall constitute using the land area as a dwelling place. SECTION 2. It IS the definite intent of the City Council that every section, paragraph, subdivision, phrase word and provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of thiS ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction. it shall not affect any other section, paragraph, subdivision clause. phrase, word or provision of this ordinance. SECTION 3. Violation of this ordinance or requirements implemented under this ordinance shall be punished under Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. This ordinance shall be effective upon publication C \1 Doyle 0306\ORD200:, 06 Ordinanc es\Clf J33lDC A,doptLiv AbudPclic, Rev.12.46 Ord doc Page 4 of 4 Jerry Garcia The for~2ing o. rdinance ~. ad for the first time and passed to its second reading on this th~..DL~ay of _ __ , 2006, by the following vote: Henry Garrett I Rex A. Kinnison Q-1- ~ 0Jt=- Brent Chesney John E. Marez Melody Cooper Jesse Noyola Mark Scott William Kelly The foregoing ordinance was read for the second time and passed finally on this the __ day of ______, 2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper John E. Marez Jesse Noyola Jerry Garcia Mark Scott William Kelly PASSED AND APPROVED on the ___ day of _ ,2006 ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary ~ 30 March 2006 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C:\(Doyle.03 06\ORD2003.06\Ordinanc.es\06.0330DC.AdoptLiv .Abord. Policy. Rev 1246. Ord.doc 7 AGENDA MEMORANDl1:\l PllBLH HEARING. ZONING lelt\ (.ounClI Action Date 6/6/(){1) Case No. 0506-03-Yorktown Gso Joint Venture: A zonmg change from a "F-R" Farm-Rural District to a "R-l (" ()ne-famil\ Dwel1ing Distnct The property bemg 37,510 acres out of Flour Bluff and Encinal Farm and (J.lrden I ract", Se:tlO:i 25, ponlon, ul Lots I! through 20, portIons of Lots 29 through 31, and porhon of Dum" Poml Dr1\\: Block 3, Lot I':; and Block 4 lot 1 located south ofYorkto\vn Boulevard and east of the futur" nkn"Oi el! R"dd leld RoaJ Plannin2 Commission and Staff's Recommendation (5/17/06): Approval of the "R-IC" One-family Dwe1Jml! Distnct Requested Council Action: Approva! I J1 the "R-I (" One-famIly Dwellmg District. Purpose of Request I )e\t'lopment of" 1-+! lot slI1g1e-famlly residentIal subdivision Summan, - The subject properly IS prop,)sed !(l! low-densIty resIdential development and consists of37.510 "h;res and h nOl platted - Plans for the tract mdicate tlle de\ e lopment of 141 lots for single-family usage, - lhe "R- (" Dhlrh'! allO\vs i'or a 1l11l1lmUm lot area 01'4,500 square feet and minimum lot width of 45 feet \\Ith a fmnt yard setback 01'20 feet. The "R-1B" District provides for a minimum lot area of 6.0()(i sqUaJ e feet and mll1Jl11UI11 101 WIdth of 50 feet wIth a front yard setback of 25 feet. . Proposed development would generate an addItional 1,410 average vehicle trips along Yorktown Boulevard, Yorktown Boulevard IS designed as a rural arterial roadway and is listed as an lnfunded long-I'an\.!e Sired :'00-:; ('apital Improvement Project -I he Southsldc ."\rea De\elopment Plan future land USe map recommends low-density developmen1 l(ir the subJect propert\' The "R-I (''' Distnct is consistent with the land use plan. Applicant's Position: [h appl1cant IS In agreement WIth recommendation. Notification: Of th~ eleven (11 i nOltCe~ mailed to the sUlToundmg property owners, zero (0) were returned In favor and zero i 0) were retumed 111 oppOSItion The 20% rule is not invoked. This case is considered noncon'roversi.l. // / / /) f/ tk.. ,/V/lcl!/ I~~ Michael~, Gunning, AICP ,/ :\SSIstant Director of Development Services MG/H il'v1iblp Attachments: 1) Zoning Report 2) Plannmg CommiSSIOn Mmutes is 706) 3) ( lrdinance H:\PLN' >IF ~IIA R.FI H,,,, Wi lRll j\CiFNI Hvlf. \1-2iilit'\1av\()5()6.() 1 ,\( iENIlAME'MOdoc CITY COUNCIL ZONING REPORT Case No. 0506-03 Planning Commission Hearing Date May 17. 2006 ! Applicant: Yorktown Oso Joint Venture Bart Braselton - ~ Owner: Same as Applicant ~ ~ Agent: Urban Engineering - Rhodes "Chip" Urban ~:g, Property Area: Being 37.510 acres out of Flour Bluff and Encinal Farm and Garden -='5 Tracts, Section 25, portions of Lots 17 through 20, portions of Lots 29 through 31, and 5 ~ portion of Dunn's Point Dnve, Block 3, Lot 15 and Block 4, Lot 1, located south of =a ~ Yorktown Boulevard and east of the future extension of Rodd Field Road. c. ~ - ell <lJ = co ~ t:)J) = ..... = o N From: "F-R" Farm-Rural District To: "R-I C' One-family Dwelling District Area: 37.510 acres Purpose of Request: Development of a 141 lot single-family residential subdivision "Cl = <<l t:)J)~ = llJ ..... ~ ~;:J N"Cl t:)J)C: = ~ ;~ ~ ..... lIo< f;Iil -- --.-------- Zoning Existing Land Use Future Land Use Site "F-R" Farm-Rural District Agriculture Low-density residential North "R-l B" One-family Residential lots Low-density residential _ _I Dwelling District. ----.-_. ~outh-h~y-R.:J.arm-Rural District I Agriculture Low-density residential East ! "F-R" Farm-Rural District Agriculture Low-density residential -~+----_._~ West ! "]-2" Light-Industrial Light industrial uses Light-Industrial i . . : Dlstnct --- ~---_.. -_.~ --- .----.-----....----.---- -- -_..__.._---_.__._-~-~- ~ ~ c.= <<l 0 ~~ ~] Q> -( Area Development Plan: Southside - The HR_1 C" District is consistent with the adopted Southside Area Development Plan land use map. Map: 042029 and 042030 Zoning Violations: None Zomng Report Case Nc. (h06-03 i \'orklovm i )so JomtJeniluc, Page 2 . The sublect property IS proposed for low-density residential development and consists of37 510 acres and is not platted . Plans for the tract indicate the development of 141 lots for single-family usage. . ~ '- ~ e e = 1Z1 '" &= . ~ - 1Z1 lhe'R-1 C' DistrIct allows for a mmimum lot area of 4,500 square feet and minimum lot wIdth of 45 feet wIth a front yard setback of 20 feet. The "R-IB" Dlstnct provides for a l1unimum lot area of 6,000 square feet and minimum lot \\ Jdth 0 50 feet with a front vard setback of 25 feet. Proposed development would generate an additional 1,410 average vehicle trips along )\)fktown Boul e\ ard. Yorktown Boulevard is designed as a rural arterial road\va' and IS hsted as an unfunded long-range street 2003 Capital Improvement Pro] ect . The 50lithsJde Area Development Plan future land use map recommends low- denslty Jevelopment for the subject property. The "R-l C" District is consistent \\ lth the land use plan - Street Type Paved Section Volume (2001) Not available -- Rancho \ista Boulevard L oc al -- 60' R.OW. w/42' paved : section +- -- 100' ROW w/24'rural : paved section : Planned- i 20' ROW w/2, .\ 7~ Bk to Bk paved section wi 26'median 5,070 a.d.t. @ Rodd Field Road ~ o ~ Yorktown Road R ural arterial - ~ ~ '- - 1Z1 '" - ... ~ .. - eo:: ~.. r.r. The subject property is not platted, Future plat approval IS subject to SPA 30 gravity line, lift :-:.tatlOl and furcl' mall1 being \:ompleted. accepted and being Cully operational by Yorktown 050 .Jomt "enture dei'eloper ( 'urrcnlh. the "c\ver 15 not available and the property is restricted to 23 Certificate 01 Occupancy Permlt5 due to the temporary lift station. I,orung lZepurt Case No 0506-03 (Yorktown Uso Joint VentUJe) Page 3 .... = :3 G.l = e G.l t: e till e Q.= QU · Yorktown Boulevard is included in the long range street CIP for the following section: 1. Yorktown Phase I: Staples to Rodd Field Road 2. Yorktown Phase II: Rodd Field Road to Oso Creek 3. Yorktown Phase Ill: Oso Creek to Waldron Road = = .- ""' till iC'g ! ~ \Ij e e = CJ ~ Approval of the "R-IC' DlstnCt. c = =-= .... = ~ 'W<N.... -c .S ~ = = .- Cl) = e e .! e e ~ = = U CJ Cl) ~ Approval of the "R-Ie" DlstnCt. ;1 ~ ~ e .- e ~ c~ U Number of Notices Mailed Favor Opposition (As of May 11 20(16) Attachment: Zoning Map Preliminary Map H:\PLN-DIR\SHARED\GAI l ,W()RD ZONRPTS \2006\May\0506-03 REPOR Tdoc .., Jf. / ~ 'ElJ ~ ~~1!: 1...2 yo~ , ~l'O~ '~I\t l!J / Ou, / ....~V: At~b ~R ALEXS-APRIL-28-06 @~a~1 ~Q5Q6]~Q3 I N{);'.!i':!(~ M.U" I A-11 One Family Dwelling OlstrtCl R.1C One Family DweOtng DistriCt 1C M.1nlJfatlu,ed Home Subdivision District ,;,.1 Apartment Houu OistriCI eo Corpus Chriltl Beach Oe.ign Dlltrict B.J Bu.ines. O..trkt ~2 Ught Industrial D~trict 1-3 H.avy Industrial Dl.tric1 SP Special Permit PUD Planned Unit Olvelopment He Historic:ll..cultural Landma"" P,...rv.tkm f.-R Farm Rural O.str'ct IJ:tE R..tdenlial(.sule Dlstnct RA One Family Dwelling DllUlct R-i. One Family D......lling Oi,lnel TH Townhou:." n....."ill'1" U;t;l(~t B.' "'eighborhood Busin... oi.lrkt B-1A Neighborhood BUlin... District 8-2A Elaffier Illand BUlin... District "'-~ /wIulllplEl C""t;lIin" Ol&.li(: 1A Tra.....! Trailel Park r'!Slncl 18 Maf'lufac-Iu'ed Home Fark District 8.2 B..ytront Business DI.trict ~T Apartment Tourist District 8-6 Prim..ry Bu.'n.... Core DI.trict 1-1 limited Industria' Diltrict N A W<4ii-~~E .... S 250 500 Feel \1A Apartm'ln! HOU5~ Oi51ri<:~ B -4 Gener..1 Bu.iness Oistrkt -0\,.2 Apartment Hoose Ois.lric; 8-5 Primal')' Business Olltric:t ~e PrOhll$$lonal OttlC'! Di.triel ~.,o.~ Ikrvoen .- o .9Z"ZZt 3.lt.lt.9lN J .. J - ~ , ~ v 00 ~j ~ a ~.g "2 I "3 o 1m c ~ o ~ ~ N II') ~ I" ~ ~ .... . .... (I) en N~"fi ! 3.t~.zy .aUl :1 : Ll Il)~ it 00 ,...N it ~~ ~I OO"~ M.,.60 Zt.9ZS o .- ~ ~ G1~ ij - - U ~ I ~ ""0 <l.J c::: o - ~ I:; 6 1 f;1~ ~i CO. Ng ". ....N . (J) .-N (I) ",OW"01 _ _ ,Ot lUlOW'OO1 poo~ _ .at eun l"'1 ~ . S .... ~~ ~j ..., -~ I')c ~i (I) 8 ~ ~ . Ot .8 ;;; .... "x '-NQl ~~:~ l~o..;z ~ zE~ 4IC ~:%:~ o ,eno o o 10 o o ,., o 41 o u. (1)0 o u'" :E.. 0.:..- E C> g N o o ,., o 10 "'*" e .; . 1! ~-D .I,,~ .!!~~ c$d ll.l.t: ~ ~-c... D 0.8 'is~.sE8" 1).3~~04.co::l ,g ... 0 Po e eO-lIS 0.... I ."c ~ N ! '!i"~C~~N u'$iiie:l:Jocl 00 -zc.c~oO ....."......~~-- "6. c~ _ Io'0.!.!0 e2 00 ~ Ii:.c e C O"e : "'::1 -'EO'loo 1').II'i"'R:eI')~o o 'VN 0 i &..al'S0.. -0 ~j i~ o~U)i Irl o!-oll'ii ~ g.! . "";'$- .a Ii Ni-ll.oa~~o IW ! cl') 0 I 00..;.J U ~ ~ o'!~. -i,!~.5"". ~ ~~OCe.!o 'i~ ~ c~.; iJ. -0'2 ~ ... 0 80.. o~a 30 e)'Vg ~'VRa.!1 oj.'! ~CDi.!!li! 9z ~: e .":"e.c :; .. t::l0 ouZ ~!~~~.!:3fio , (V\ ~ , ~ () \]) () q) \/)' a cJ MINUTES REGllLAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - May 17, 2006 ; 05116-03 Yorkto\'vll Oso Jomt: From a "F-R" Farm-Rural District to a "R J C~.One- farmJyDwelling DistrIct___ Bemg 37.5] 0 acres out of Flour Bluff and Encmal Farm and Garden Tracts, Section 25. portIOns of Lots 17 through 20, portions of Lots 29 through 31, and portIon of Dunn's Pomt Dnve, Block 3, Lot 15 and Block 4, Lot 1, located south at" Ynrktowll Boulevard and east of the future extension of Rodd FIeld Road f aryce (roode-Macon presented the above case wIth a powerpomt presentation showing the subject property located at Y orktO\\11 Boulevard and Roddfield Road wIth surrounding land use consistmg of vacant land \\ lth low denslt) residentIal to the north and light industrial to the west. The subject property is requestlllg a "R-l C" One-family Dwelling District for development of a 141 lot single family reSIdential subdi viSIOn. Mrs. Goode-Macon stated that the future land use map supports this district and calls for lo\v-density reSIdentIal development Public heanng .vas opened Bart Braselton. 74(16 Lake \ le\\ ('anyon, Corpus Chnstl. Texas stated he was available for questions Pubhc heanng ..vas closed, l\lotion tor approval for a "R-I ( One-famIly Dwellmg Distnct was made by Commissioner Zamora and seconded by ( ommlSSHlTIer 1\1artmez. ]\lotlOn passed unanimously with Commissioner Salazar ahstamlllg and ('ommisslOners Braselton and Pusley bemg absent Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY YORKTOWN OSO JOINT VENTURE, BY CHANGING THE ZONING MAP IN REFERENCE TO BEING 37.510 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 25, PORTIONS OF LOTS 17 THROUGH 20, PORTIONS OF LOTS 29 THROUGH 31, AND A PORTION OF DUNN'S POINT DRIVE, BLOCK 3, LOT 15 AND BLOCK 4, LOT 1, FROM "F-R" FARM RURAL DISTRICT TO "R-1C" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY CLAUSE; 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 Yorktown Oso Joint Venture, 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, May 17, 2006, during a meeting of the Planning Commission, and on Tuesday, June 6, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard: and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity. and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 37.510 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Portions of Lots 17 through 20, Portions of Lots 29 through 31, and a portion of Dunn's Point Drive, Block 3, Lot 15 and Block 4, Lot 1, located south of Yorktown Boulevard and east of the future extension of Rodd Field Road from "F-R" Farm Rural District to "R-1 C" One-family Dwelling District (Map 042029 & 042030) (Exhibit) 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, H:\LEG-DIR\garywslgaryws\agenda\2006\06-06\0506-03 Yorktown Oso JOint Venturegws060531.doc Page 2 of 3 except as changed by this ordInance and any other ordinances adopted on this date, remain In full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances 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 6th day of June, 2006 ATTEST: CITY OF CORPUS CHRISTI Henry Garrett. Mayor. City of Corpus Christi Armando Chapa City Secretary APPROVED: May 31 ~~~ G ry SmIth Assistant City Attorney For City Attorney 2006 H:\lEG-DIR\garyws\garyws\agenda\2006\06-06\0506-03 Yorktown 050 JOint Venturegw5060531.doc Page 3 of 3 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, 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 :ILE G-DI RIgarywslgarywslagenda\2006106-0610506-03 Yorktown Oso JOint Venturegws060531.doc I(jr .It,;-,.,~ '_It' P 2 '" ~ [U: U RIiIAII ENGINEERING Job No. 39319.0200 April 14,2006 STATE OF TEXAS COUNTY OF NUECES FiI:ldnotes for a 37.511 acre tract ofland (not based 011 an on the sround $UJVey) out of Lots 17, ) 8, 19,20,29, 30 and 31. Section 25, Flour Bluff & Eneinal Faml & Garden Tracts.. map of which is reconted in Volume A. Pages 41 th.m 43, Map Records of Nueces County, Texas and also being out of a portion ofDwm's Point Drive, Lot 1. Block 4 and Lot 15, Block 3, lIS shown on the recorded plat of Rancho Vista SubdivisIon Unit I, a map of which is recorded in Volume 64, Pages 225 thru 226. Map Records ofNueces County, Texas; said '17.511 acre tract being more fully described as follows: Beginning at a point on the centerline of Rodd field Road, a 40.00 foot wide public right-of-way casement for the north COl1ler of this tract, from which comer a PK nail at the intersection of the centerline of said Rodd Field Road and the centerline of Yorktown boulevard, a public roadway bears North 28042'32n East 89731 feet; Thence, S<luth 61 0 lnOh East, with the northeast boundary of this tract. a distance Of 800.52 feet for the point of curvawe of a circular curve twning to the right with a. delta angle of 10036'33", with a radius of 1000,00 feet, with a tang~nt length of92.85 feet and with an arc length of 185.17 feet; Thence. with saId circular curve to the right, an arc length of l&!L J 7 feet fur the point Qftangency; Thence, South 50040':17" East, COntinuing with the northeast boundaIy of this traet, a distance 01243.75 feet to the point of CWVature of II circular curve turning to !he left whose radius point bean Sou1b 4~S9'03" East 3050_00 feet and with a delta angleof2"'37'59". with a radius 00050,00 feet. with II tangent length of70,10 feet and willian arc length of 140.17 feet; tract; Yhence, with saId circular curve to the left. an arc length of 14().1 7 feet for the end of this curve and for a corner of this Thc:nce, continuing with the northeast ooundary of this tract, as follows: South 61017'30" East a distance 0013.88 feet; South 53011 '03" East a distance of70.3~ feet; South 61017'30" East a distance of 246.73 feet: South 69<'45'49h East a distance of I g6.66 feet; South 61"IT30" East a distance 0085.04 feet; South 18"42'30" West a distance of j 75.00 feet; South 6101130" East a distance of270. 19 fCl:t; South 28042'30" West a distanCt: of 30.00 feet; South 61017'30" East a distance of 170.13 feet to <\ point On the common boundary of Lots 28 and 29, Section 2 ~, said Flour Bluff & Encinal Farm & Carden Tracts. for 1he east comer of this tract; Thence, South 2304209" West, with the common boundary ofme above mentioned Lots 28 and 29, same being the ,outheast boundary of this tract, a distance of 585,00 feet for the south comer of this tract; Thence, North 61 "} 1'51" West, with the SQuthweslboundary of this !taCt. a distance ofl074.64 fed for the beginning of a circular curve whose radius point bears South 49'"37'20" East 259.10 feet and turning to !be left with a delta angle of9030'17", with a radius of 2591 0 feet. WIth a tangent length of 21 54 feet and with an arc length of 42.98 feet; tract; Thence. with S<)jd circular curve to the left, an arc length of 42.98 feet for the end oftms CUrve and for a COme;r of this rract; Thence. North 6 017'51" Nest, with lhe ~ol.ithwest boundary of this tract, a distance o(2) 0.19 feet for a corner ofmis Thence, North 28042'09" East, continuing with the southwest boundary of this tract, a distance of 17.64 feet for the point of curvature of a circular curve tumillS to the left whQSoc radius point bears North 6)017' 51" West 300.00 fOl:t and with a delta angle of 29020'05"_ with a radius of 300.00 feet, with a tangent length of18.52 feet and with an arc length of 153.60 feet; Thence. WIth said circular curve to the left, an arc length of 153,60 feet fur the point of tangency: 361)654-:'- 2725 )',',j,,\N-:-t\;U. DR . CORPUS CiRlSTI TEXAS 18404 FAX (361 )854-6001 '.6ng2\Da(a\"llrvt'ymg'~19) 19\02)()J,\(J9i 19('20()-lON[N(, doE"Oil@uconeng ;::orn Page lof2 . :"~JEo 7 .,- ~ ,1,1 P 3 ,.., ~ Job No. 39319.0200 ApriJ 14,2006 37.511 Acres Thence, North OQ037'56" West. continWng with the SO\llhwcst boundary oftbis tract. a distaooe 005.15 feet for the ' point of curvature of a circular curve turning to the left whose radius point bears South 89022'04" East 10.00 feet and with a delta angle of 89039'54", with a radius of 10.00 feet, with a tangent length of9.94 ~ and with an arc length of 15.65 feet; Thence, with said ciroular curve to the left, an arc length of 15.65 feet fortbe point of tangency; Thence. South 89"42' t 0" West, continlJing with the southwest boundary of this tract, a dist:anc;e of 300.41 feet for a comer of tb is tract; Thence. North 00017'50" West, continuing with the southwest boundary of this tract. a distaDce of 50.00 feet for the beginainC ofa cirwlar curve wbose r8dilL~ point bears North 00017'50" West 10.00 feet and turning to the left with a delta angle Df' 90"00'00", with a radius of 10.00 feet, with a tangent length of 10.00 fi:et and with an arc Iengtb of 15.71 feet; Thence, with said circular Curve to the left, an arc length of 15.71 feet for the point oftangeDcy lnd for the beginning of a cirwlar curve turning to the right whose radius poiot beam North 89"42'10" East 634.51 feet and with a delta angle of 29<>Q0'22", with Ii radius of 684 j I feet, with a tangent length of 177.06 feet and with aD arc: leugth of 346,53 feet; Thence, with said circular curve to the right. an arc lcngth of 346.53 feet for the point of tangency; Thence, North 2&042'32" East, coDtinuing with the southwest boundary of this tract, a distarn:e of24.81 feet for the point of curvature ofa circular curve turning to the left whose radius point bears North 61017'28" West 10.00 feet and with a delta angle of 90000'00", with a radius of 10,00 feet. with a tangent Ittlgth of 10.00 feet and with an arc len~ of 15.71 feet; tract; Thence, with said circular curve to the left. an Me length of ] 5,71 feet for the end of this curve and for a COmer of this Thence, Nonh 28042'32" East, continuing with the southwest boundary Qfthis tract, a distance of 50.00 feet for the oeginoing of a circular cw-ve whose radius point bears North 28042'32" East 10.00 feet and turning to the left with a delta angle of 9{}000'00., with a radius of] 0,00 feet, with a tangent lengthoflO.OO feet and with an arc length of 15.71 feet; Thet1ce, continuing with the southwest boundary oftrus tract, as foHows: North 28042'32" Eat a dimnceof 100.00 feet; North 61017'28" West II distance of 620.00 feet; South 28"'42'32" WC$t a di$tance of 44.57 feet; North 61" 17'28 .. West a distance of 292.00 feet to a point on the aforetnentioved centerline of Radel Field Road for the west comer of this tnsct, Thence, North 28D42'32" East, with the above mentioJK:d centerline QfRodd Field Road. same being the northwest ooundary of this tract, a distance of 422.26 feet to the Point of Beginning -.d having an arM of 37.511 acres, Bearings based On the recorded plat of Rancho Vista Subdivision Unit 1, a map ofwhicb is recorded in Volume 64. Pages 225 thru 226, Map Records of Nueces Cnunty, Texas. Unless this Field l\otes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor MSlDTIeS no responsibiJity or liability for its accuracy. URBAN ENGINEERING JUA~~~~~ License No, 4909 'EI'lg2\Dalll\Sl,lrvcYing\3 9319\0200'FN39' 190200-lQN.fNG dN Pue 2 ,.,f? 8 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding the Unified Development Code Public Review Draft and Information regarding the 45-day Public Review Period STAFF PRESENTER(S): Name 1. Michael N. Gunning, AICP Title/Pos ition Acting Director Department Development Services 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Lee Einsweiler, AICP 2. Brian Mabry AICP Consultant Consultant Duncan Associates Duncan Associates ISSUE: The Unified Development Code Public Review Draft and ensuing 45-day Public Review Period. BACKGROUND: On June 5, 2006. an intensive 45-day media and outreach effort will begin as the Unified Development Code (UDC) will be released to the general public for review and comment The Unified Development Code will replace existing codes regulating land development in the City and its extraterritorial jurisdiction. It will also serve to develop a consistent, coordinated system for development review and enforcement combining the City's platting and zoning ordinances into one complete and comprehensive document. The public review period marks an Important milestone as we progress toward adoption of the UDC slated for the fall of 2006. Together, the Consultants, Blue Ribbon Committee, and Staff have worked hard to make the UDC effort a success. By May 31 st, the Plann ing Commission would have heard the first presentation on the draft UDC, followed by a presentation to City Council on June 6th. Kickoff for the public review period will begin with meetings targeted at key stakeholders in areas such as development, economic development, neighborhood interest groups, environmental groups, and the everyday citizen. Also on June 5th, the Public Information Office will post the public draft on the City's website and allow the public to have input directly to City staff. Interviews and informational articles are slated for print in the Caller Times throughout the 45-day period As this important project affects so many facets of community, Staff expects a fair amount of discussion, which will lead to a better document for the City as a whole. REQUIRED COUNCIL ACTION: N/A /{//d~X/~ (Department Head Signature) Attachment: Power Point Slide Presentation Corpus Christi, Texas dunean Terry Morgan & Associates Urban Engineering McGloin + Sween May 31, 2006 I ,. . oJ lJB&~, , 1 Mi."""'. .. . Ii.-' l.- _ . , ",41 ,- Project Initiation Kickoff Meeting Public Involvement Review Process Strategy ~---_... Assessment Document ReviewlPlan Consistency Assessment Stakeholder InterviewsJField Surveys Local Review [Assessment Report Objectives/Strategies Code Drafting Modules Procedures Uses and Districts Development Standards Remaining Provisions Local Review [, Local Review [ Ado~tion Dr~!l~:=J 2 , ,. , i',- M~ l!ef ~ e , ~-. . Existing Platting and Zoning Ordinances Combined . Development Review Procedures Consolidated . Permitted Uses Combined Into One Use Table . General Development Standards (landscaping, signs. etc.) Consolidated . Enforcement, Nonconformities, Definitions Consolidated Into Own Articles . Platting + Zoning = 332 pages Draft UOC= 390 pages ...'V'~ .....;.~ Current Structure Proposed Structure "Ii.... .: PtlffY.'lSf:< :~. OefinrtlOtU ~ Ge,"le(ol Pmvisiom C."lSrridsQr'\d()rstnctMop~ 1 ....,"'n"rc P!u"l~ _:I. 2 lJf'~f:c ,..., 1,"'nl k~ Vlf'''' ~,Jdh"~ ;) lJt'Yt'lrl 0"/11 kc Vi".... fr"<"-<J r,-,~ 4 B::ht' ~vrJnY DI)Hlch ":4. tieignf. ...reo ond 6L4 Req. 15._P"",,,I"~ >SA. SIll' "0ll'JI0'""" 26 NonCO<'lformr.g Uses 27. St1l:lP. Hl'4Qhl, ~ and au" Req. 6 U-" Pc "]c.lativl 5 Spedal ~onrncJ DIS1Tl",I, 'lll' 29. The Bodtd of A4JstMent 7 C"n~lo"J OC:'...." o~ITH:'n' Slandllrc.Js 8 :.ubdN.\ on 0.,\.19n.s. IfnprOVi"m~r h 9 NonconlCllmlllc. 34_ Inl~toJlOf'. Pur~ 3.Conlicl 35. f.ntOl'~t VIOlatIori &f'enofl~ 36_ V<::lidlty 10 ~nl<.,"-~ment ).-;!"":-,.-i,> 11 O~f1MHJn'i 3 I f< .~ e ",,~0, -". ..' Ah... ,.. 1. General Provisions 2. Development Review Bodies 3. Development Review Procedures 4. Base Zoning Districts 5. Use Regulations 6. Special Zoning Districts 7. General Development Standards 8. Subdivision Design and Improvements 9. Nonconformities 10, Enforcement 11. Definitions 4 ,~. J <telle ~.' ., oJ5i' S <~ '... Qm,. ,~, .;;:' . '*'" ~. ",' ,-f":"'-'" . Text remains largely unchanged . New additions include · Authority · Jurisdiction · Rules of Statutory Construction · Transitional Provisions . Existing violations are not canceled by adoption of UDC . Dormant Projects u Response to amendments to Chapter 245 of TLGC u Clears old inactive permits out of the system u Gives criteria for reinstating permits by City Council u Applicant must apply for reinstatement within 60 days of effective date 5 4 'f n"'~vl.t . General · Consolidates review authority into one Article . Review Bodies · Provides information and responsibilities for all development review bodies . Summary of Review Authority · Table provides summary of review and final action ~""~tC....""-""'lIO"C.~_ 5.1' 3.19 UO HI Dc'" fl_l) , D 3.11 D m D 314 " 3.16 114 ~. 3.15 -D. ''''' .,. HI .,. l25 .,. 121 D " D " D D 1.10 . !?~ ll2 D"I D' tl.l) , "'--rSIr" PIu W_..I_ ..tIlIiolll Ad.imt..r. ....t De ....Il,.......C...I~.o::W. tt_r....... 0........ flit s.. "'-"kt..... . ..- ... No........ c.~ of .,. .......11~,. o..oklo.. e.. eo..a.iI...... .t..IltA<:". fbc,j.~ .....,.. ..atAoctlM S E.::. _. <3f~IoIII(......Do.clllon - - H....... '.,."..ra ~ ....... ~ld'ooUl"\olwWeo"______ l)_~_ P-~. ~....ft (tk..~_,~-()~~) I r...cMrontCcHlM1\lCdonCtn:'<<<:1IQ cnrc.o.:IIA<1o>1 tOC Tut A..,.,d,..rt u Il' .., <D, H ..' <D. B ..' <D. ,. Zo'*1 ","p A.~"""c"t i!""""Ocl H;;;;-;'" 0;;;.... Ol:rl:ri<tort..:;;'...... 0... n.e;; ~"II<IUllltt:lolwlc .'!'II: CofII1Io.....Un P..... .II.'~ ".. , i. " ,. ~.........o..I'l..L....,ndln~~- (> "O~..on - ".Jb~ H._~'.......__.j k.\Jc,~. k",~ D~n, Co.. ...w.. f~...o.d llIIn'" In , I D.,.. lut r,J.~'Ol>'It't'< ..<<:!Ilcu"'''l 0 >~~~f'Ild hirtor1o; O'ollrtlrl(l~I,,<< dJtl'lao..ltn4~.~ "'lJ!llakln IJ 6 'f';' . J ' .. . ................. .............~......... :,:;........' ....... ., ... .. I. . ..~.~ -- . ~" J ~J:~_nrtt~~~y\I . Common Review Procedures · Provisions applicable to all or most procedures · Preapplication conference for complex procedures · Applications must be complete to be processed · Submission requirements removed · Elaborates on existing public notice and hearing requirements · Appeal of administrative vs. legislative decisions 7 'W. .~ DeVAI ~ I n"'~.. . . New Review Procedures · Historic Overlay District Designation · Master Plat · Site Plan Review · Master Sign Plan · Temporary Use Permit · Written Interpretation · Administrative Adjustment 8 'B ;: B,a,'e .. ' .il" ,'/~"" . Change in Nomenclature · Similar districts combined · Designations more intuitive as to purpose · Historic Overlay is only completely new district . Interpretation of boundaries and newly annexed land largely unchanged .iI..-I,,',,,_.I...._.5...llIN ! , Residential Districts ..! bitting O..lgncrtion FR Farm-Rurol --.- - ,-_. RE Rll$ident.oI Estate . n__ ~______.__.._______. -i RS.I~-f~m..ily'-- ..j RA RS~.2 .~.n&le-f~2 .. .-.........-... -....1' ::: ~ RS.:.3 ~~.famJli'_~ . .fl..s,,-:i . Sin&le..f~m,iI}'.~ . . "'__..11 R. / C R.TH Townhouse R-TF !v.<~-!,amlly _ j R-2 RH-' !1':'.~if"ITI'1.l1 i A-I r ~~~i~*~~}:l ~tAT ; Nonreslclen<<lal Districts I .- CN .. N.il:hbor"--o~..s~"'-"'.erci.;t-:J /!rl and P,IA OF OfIi<:e i AB CR - Rll$oM: comn;;;:c;;t-"-'lI!r2. /!rIA and BD CG C;eneral Com.rn<!rci,,'. . I /!r3 and 8-4 c~~~::~::e,;;~'EO:~~i;I' --i ~~ BP Business Pari: i 1.1 __~__.w w m _m_~ ~._~ Il li&ht Ind".stri,,1 i 1-2 IH H. Industriol /-3 R-HH Manuf3Ctured Home T-I A GnG T-Ie p v ~.!~e.ar.o.'!al~~-"-i<:'--e_"-,,l~ .. T-t C -PUD ~!~o.~,~ d _LJ_!~K.J?r:::' Oye.~'~;:'l 1 PUt) 2 -H !-'il~.OIlC ()',-e~ar . N.v, 10 Islond Overb) 9 , I 'e',.. ,~;uiC~ll~8' , -,~. , -"-',~~., .", eau ations - . 3 ~ubdivision Types in RS-1, -2 and -3 · Conventional Subdivision . No public open space required · Limited number of housing r--" types permitted · Cluster Subdivision . 30% public open space required . Greater number of housing types permitted · Conservation Subdivision . 40% public open space required . Greatest number of housing types permitted 10 fIf ... 'f- . .' ~d~1itio'~~ri~ Q~~... . Housing Types · Provide common terminology throughout UDC · Conventional Single-Family · Zero Lot Line · Traditional House · Attached Single-Family · Townhouse · Apartment . Industrialized Housing 1_. I. I~I I' j I! I ~~~:~.~:. 1-'-1 I I .~ n-w~1 I LJ1I i i.[}: I I , j ,L,."",,",~. ----.. 1:IITI: J~j F~~1id 1:::I~j I: I ~ I '\ I, c I t" J . I u,.q 1 - -~~~-- ~ - 1 I I i , i I "I I ,L). :t .~= ~"I"""" _.J',"" . . '." ' : Urll'~'~ " f.il; 11 I I #, Ii ~~~iCPs~.......I.. 'I~.: e'. ,'~ egUtiQll.$,r con;entiO~al VS.Cluster or Conservation Conventional Allows 1 Housing Type - Cluster/Conservation, Several RS-3 DISTRICT - i - 20 10 a.ner I eol&ematio. "'\ ~f ~ I ~llIl' ~llKIIU LotU.., Tl;Joi1W !lid ; A ttadlt d 6.0 6.0 6.0 6.0 35% 35% 35% 35% - - - - -- --------- --------- 45% 45% 45% 45% 'I.BOO 'I BOO 4,ooJ 40 40 35 - 4,800 2:400 -- 40 IS I ~ 10 15 10 10 10 10 - ,- - ------- - - --------- --------- ) 0 S 0 10 10 10 S - - - ---------- --------- --------- 1--- 15 15 15 15 35% 35% 40% 35% 3S 35 1 35 35 -- Max. Densl units/acre' Mil" Open Spa:e (% site araa) Cluster ------- - Co n3e moo n Min. Lot Area (s .ft.) _Min. Lot Width (ft.) _ "'I;,., Site Area (sq ft) Pe r Site Per Dwellm Unit Min. Site Width (ft) __~__ _ _ __._ Mil" Dwellin Unit Width (ft) p~; I" Yards (ft) Street .?~':'~t...~'?~n..e~t Side (single) S ide (total) i 10 _ MI:R:~~i~~~~~~tlon &.._ ____ =1== ~is - - -- Max. Buildm Cove. ____-+--. 35% "1ax. Hei ht (ft.) ~___ 3S * =Con$e~ion $ubdi'ofi$ic"l only 6,ooJ SO ~_._. 12 . Access and Circulation . Off-Street Parking, Loading and Stacking . Landscaping, Buffering and Screening . Outside Display, Sales and Storage . Signs . Outdoor Lighting . Building Design . Dune Protection and Beachfront Construction . Flood Hazard Reduction 13 J . * . Specifies driveway width . Separation requirements according to street type . Shared access at discretion of ORC . Cross-access provisions · Nonresidential developments should be connected ~-:-. -~.= ==-;=.- =~..~ ~==-~:-:~'~-:=.~~-:-~.~-:=1 Future ExtensiOn; ." .' .. <, ."C' ., ", ':i", , - Undeveloped Property - street 14 ; . Current parking ratios preserved Alternative parking plan · Reduced ratios can be justified · Submit a parking study · Or provide alternative parking . On-Street, Off-Site, Shared, Valet Parking desIgn standards · Dimensions unchanged Stacking · Provides dimensions, design and number of spaces per activity Loading · Loading not required, but if provided, standards apply · No unloading from the street · Must be screened and buffered . . . . l !-~"'Iltomat.d td.r mKh~.! 'B::onkt.II<trI~ '--E;lubnc;_rn;'~a. . C';- w:.sh mn---:-~~~~x~ri ~_~__~~~~~h;; d~~~r_~~~ 2~~_~~_~ '. 9115Qltne pu_~ ISbnd _____ ~ri~!"~_. C()fltroMed 'ntrlllncr ~~~.~~;~!'~- - FI_':..oT!'~~":1't d.-~'~" th':Q~r.h , Y~~~'!J.L .m___ ~__~_~_fI'.~b_Iil::_-d Pnv~~J Other Ii ~ -t. l --..----- , MKbine TeR..ror~- Entt1ln<< tolbft EntrarKl!! to.~ b3Y___w_ Entr~'" to .....;:ash b:J.~_____ PasHftJ,4r loadin~ ;W"lla Pump .Iand ._.__..______ K4Y code box Ord.,. box Order bo,", to p.~L.;e~'n_f.; I __ 3 V~st;md l.g::::~ :~ ~:::::::: ~:: ~::::: ~_ ._. .. 15 ~~ M ~ing n97l~~r~ . Shift from pOint system to buffers . Standardized planting areas designed to · Eliminate or minimize potential nuisances · Enhance community image · Increase roadway beautification · Flexible - wider buffers require fewer plants · Consist of canopy trees, understory trees & palms . .. . ~....__r. .. . ..e...~. 16 -. t'_'" . '6 ~,- 11 L.I g.d - .' . . Buffer Types · Street · Parking · District Boundary . Existing plants receive credit . Tree protection credit: for existing trees in : buffer . Palm Substitution · 3 palms = 1 canopy tree · 2 palms = 1 understory tree UistflCi Boundary , liStriC' Buffer OF District i j i i I I I I ! ! i i I ! I I I L P::Jrklng Buffer Street Buffer 17 ~ .i ~e .~~ing n~~~fii . I nternal Parking Lot Landscaping · Island every 15 spaces · Terminal islands · Median islands every 6 rows , . Tree Preservation · Mature canopy coverage by district · Mature canopy area provided by species Residential Di,tric:t5 '~~ ~!F~~TH.-RM. R-MH ..~ Nonreside ntial 0 istl'icts --.------.--.--...- n<.OF CP CG.CI COO ,BP 'ILTH- t/':>11?,n :~.-,iano ')1:( 15 spaces max rnin Mln Tn'~' t .P10p_ C< vpra~e ("0 of de ,,'Iopfllenl) 100. 20.. ISO. -------~---~ 25.. 100. -~-----~-_._----- ~ o 200. 509 18 I ~ "- ""~F ]'~. '~~ ..- -;~~>~ .l-:<~._ / .. / ././" / . . .~<:?;~~~;~t@)-~ /" /' ./ "'. ,..-'/ -"---./.,"2>/' // /' Fe\' ~ 19 . Fixture, height source, mounting, timing · Concealed fixtures · 30 ft - parking areas, 15 ft- pedestrian and adjacent to residential · White light with similar sources in same development · No spilling over property line · ORC may require timers to conserve energy, provide safety and promote compatibility . Standards for specific situations I L_~___ ~ ----10 20 .. WA · B..}Ipdi if es~ jlY .-.___ . Provide visual interest and human scale . Apply to the following over 60,000 sq. ft. GFA · I ndoor recreation · Overnight accommodations · Restaurants · Retail sales and service · Self-service storage · Vehicle sales and service . Fac;ade materials addressed . Vertical and horizontal articulation 21 '.II-'.~ " ar1ija~Q.s. w- · ~lJdi ~ "''''", t , , . Articulation · Horizontal - Projections or recesses 200/0 of length *----, ::;'If '~f--- i'f;: .:>.' ~ (~,; OJt c '/$~' -....!:!ftv; no" "" ~'!j I. ---...<0% ;:A,(~ C'~ Rt: '. '.,. ~'-'1!)flqc-5:s . . ----..:. fctvOllt "2 r- .~. ....r- ----., . ---. "~--~ t\'-:'"';,7~ V"E,q.:;:;;~~ .., -.:.-:JI'Vr, U(j', ~ 22 f~ Ii ~;di i I c."'....'..'+.., ~' ~.' · ">!;;~"'b: '. ilftarYda,f;J!S ': ,"'" . Articulation · Awnings, pedestrian features 600/0 length -;f-.~ ~/ ~.(;,,"?, I ,:t (! )f.-"" '1fi,~'-'-;;_'(' F;O. . ~' 1..t..."'{',Z' --.... <t':1(!'6 _ 'is ))." ..J '. ---..!.:.lcA,rl_i"<f C{::- ---";.' .' '. ~<~:f^'G~fS -.......:..:::. " ...f "-.. ,:-:--....... ~nJ: i,!-~-:-":--:-'-. " - r; ,C~~:___ f''',,~ ." ~~~, 1 . O[/'. ........~~. / ~~.. -I... 23 W -..,;" ':.; # . .' 1, --. ~Vdi_. '&amJaY!!( ~ .~~,.",_.,. '9~; ;(i/.'~'''' ' . Articulation . Vertical - Change in height based on height and length I I i I l I' \ \ 24 W. Ji Ottj.er ~, :"" . , ;Sf.... dara~J.- ~. . Outside Display, Sales & Storage · Retail display area reduced from 50% to 30% · Retail sales 1,000 sq ft or 10% total site area · Outside storage unlimited but may not encroach into setbacks · Vehicle sales are exempt . Lighting · Concealed fixtures · Max height: 30 ft - parking areas, 15 ft - pedestrian and adjacent to residential . Signs · Applies in ET J - distance from street types determines how regulations apply · Rules for measuring signs and illumination · Provisions of Sign regulations amendment carried over · Dune Protection, Beachfront Construction & Flood Hazard · Mostly unchanged · Language clean up · Applicable provisions from City Code incorporated 25 'f~ . · ~~~i. n 5~~jSlRJ Imorovements . General Provisions · Applies within City limits and ET J · The City only maintains public facilities built to standards in this Article · Improvements must extend to perimeter · Provisions for homeowners associations · Alternative compliance for out-of-date master plans 26 ~ ;' "?< <..~ ' : " ' . &.I...,.....b....... '. di:>>'n!;i~jwlJ ':: ~f ", Irhorovements . S\reets · Now must be dedicated in fee simple · Provisions from Transportation Plan carried over · External connectivity to existing or planned street network required · Cul-de-sacs with landscaped island may be longer · Private street standards retained 27 r~ , ~ ~i~~;~, · n ~s.'Q. rt, -. IrilDrovements . Srdewalks · Min. width increased to 5 feet according to Transportation Plan · Mostly unchanged except not required in FR . Blocks · Unchanged except max. lengths expanded in FR and RE . Water and Storm Water Design · Unchanged . Wastewater Design · All lots in City limits are to be served by City wastewater · In ET J, if within a mile of sufficient system, must connect 28 . w~ k' ~R~i ~ . n 5i~w.~J ImDrovements . P~blic Open Space · Based on College Station case law · Survived litigation · Exem ptions . Nonresidential development . Replats . Single-family residential with all lots five acres or larger · Acres of Public Open Space per Dwelling Unit . Single-family & mixed - one acre per 230 units . Multifamily - one acre per 260 units · Fee in Lieu · Park Development Fee · Open Space Criteria ~ 29 1. n 5'isl,an, ,~.;.t'l.f""L ...,.. Improvements . Improvement Guarantees · Several Common Guarantees Established . Performance bond . Trust agreement . Letter of credit · All Require 1250/0 Total Cost of Project · City Enforces Guarantee If . Improvements fail final inspection . Applicant abandons project . City Participation Policy · Changes at staff direction · Clean up language, update terms and titles 30 .loJ< . . . f" 0.1:, 'r t . "P', i' ~ ~;l'IcoJlltm~~),- '. ~./l! . Nonconforming Use Status Ceases . Change in Nonconforming Use . Nonconforming · Uses & Structures · Signs · Improvements · Lot of Record 31 f...............~.....- . ..... .ik.~t'-<*;..,. n '.- .......... . Owner or subcontractor may be deemed in violation of UDC . No new utility connections to properties in violation . Each day is a new violation . City will not process applications submitted by owners of violating property . Fines are not assessed as correcting application is being reviewed 32 r~ .. o.~ni_ 1!'rf' t~lJ'~"",:<: ,..,.;-.\.~.'"..... . Undefined words have their normal dictionary definition . New abbreviations table . Struck unused terms 33 '-'.- .1l": 34 9 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A resolution authorizing the City Manager, or the City Manager's designee, to execute a five year natural gas supply, transportation, and facilities construction contract with National Energy & Trade, L.P, for the purchase of 100% of the City's natural gas requirement to begin on July 1, 2006, and expire on July ", 2011 ISSUE: The current natural gas supply contract expires on July 1, 2006 at 9:00 a.m. REQUIRED COUNCIL ACTION: Contracts exceeding $25,000 must be approved by the City Council. PREVIOUS COUNCIL ACTION: Approval of a resolution to execute a five year natural gas supply contract, transportation, and facilities construction contract with National Energy & Trade, L.L.C. for the purchase of 100% of the City's natural gas requirement to begin on July 1, 2001 and expire on July 1, 2006. Approved by City Council on May 24, 2001. RECOMMENDATION: Staff recommends that a five year natural gas contract be awarded to National Energy & Trade. L.P, after evaluating and rating all proposals. Deborah A Marroquin, P. Director of Gas Operation kdt~ Eddie Houlihan Asst. Dir. of Management & Budget dnbtml n. Ronald F. Massey ACM, Public Works/Utilities BACKGROUND INFORMATION Currently the City of Comus Christi purchases 100% of its daily natural gas requirements from National Energy & Trade L P ('NET') The present five year contract expires on July 1, 2006. Current contract price is HSCI (monthlv plus $0 20 Requests for Proposals were advertised for a three (3) year penod from July 1, 2006 to July 1. 2009 with an option to extend for up to two additional twelve month periods. In addition, proposals will be considered for a sixty (60) month period ending July, 2006. Options are subject to the approval of the Supplier and the City Manager, or his designee. Proposals are for a firm supply of 100% of the City's total requirements on a daily basis through a single supplier, but proposals would be considered to !?erve only specific distributions systems. However proposals limited to specific distribution systems would only be considered if other acceptable suppliers submitted proposals that would ensure service to the remaining distribution systems Two proposals were submitted by the following firms: (1) Crosstex Energy Services and (2) National Energy & Trade LP Crosstex Energy Services submitted a proposal for 100% of the City's total natural gas requirements indexed to the Houston Ship Channel (HSCI) monthly plus $0.15. This monthly price is based on daily volumes Any gas purchased above this volume would be priced at HSCI (daily) + $0 15 If the designated volume is not reached, Crosstex would buy back that volume at HSCI (daily) - $0.10 In addition, the cost to install the necessary facilities to deliver natural gas to the City at various locations is $411 ,484/year, which equates over a five year contract to $ 0.14/MCF This amount will be included monthly for a period of five years. (See Exhibit I) The second proposer National Energy & Trade. LP (NET) also submitted a 100% natural gas requirement proposal The gas cost IS calculated as the HSCI (daily) + $0.10. In addition, a reservation fee of $834,398 per year or $0.28/MCF will be included. (See Exhibit II). This fee will include approximately 24 miles of pipeline and associated right-of-ways and other necessary facilities The associated pipelines will allow the City to directly feed the farm taps on Highway 44, Increase pressure, if needed, back-feed the Flour Bluff arid Naval Air Station and have a direct feed to the Country Creek area Also Included in this proposal is a $50,000 per year donation to Operation Heat Help The City of Corpus Christi-Gas Department, after evaluating and rating all proposals based on the weighted factors of deliverability price, acquisition of interconnections, quality of gas, marketing proposals ana past performance, recommends that the 5-year natural gas supply contract be awarded to National Energy & Trade. LP EXHIBIT I PRICING -, MONTH MONTH i DAILY VOLUME DAILY VOLUME January ! 10,000 July 6,000 February ! 10,000 August 6,000 l Marc h 8,000 September 6,000 ----+ Apnl 7,000 October 6,000 ~-"-----"---+- Mal 6,000 November 8,000 ~-----+- \Junc 6,000 December 10,000 ~~----_._,.__._..~-- -- EXHIBIT II EVALUATION OF NATURAL GAS SUPPLY PROPOSALS 5 YEAR CONTRACTS Reservation Fee Customer Fee* Gas Cost Price Total NET $834,398 $0.28/MCF $30,831,491 HSCI (Daily) + .10 $31,665,889 Crosstex $411,484 $0. 14/MCF $30,505,532 HSCI (Monthly) + .15 ** $30,917,016 Differenoe $422,914 ..-.-- $325,959 $748,873 - -- . Based on a volume of 3,000001) MCF . * The monthly IS based on dail) volumes. Anvthing above that volume is HSCI (Daily) + .15. Anything below that volume is bought back at HSCr (Daily) minus (-) 10 SUMMARY OF GAS SUPPLY CONTRACT With National Energy & Trade, L.P. July, 2006 National Energy & Trade, LP (NET) will deliver 100% of the City's gas requirements, firm supply, on-demand deliverability City will pay HSCI (daily) plus $.10 and a reservation fee of $834,398 per year for 5 yea rs Elimination of over approximately $7,000,000 in Capital Improvement Projects and in- house construction costs. City will acquire 24 miles of pipeline which includes: A City owed natural gas pipeline to Flour Bluff ensuring back up supply to both, Flour Bluff and Naval Air Station. Two (2) Oso Crossings Pipeline system that delivers to the Annaville/Calallen system. PIpeline system that delivers to the Farm Tap systems. Retain ownership of land acquisitions and equipment required at two new delivery points (North Beach and Packery Channel). A $50,000 per year donation to Operation Heat Help. Additional Pricing Terms (e.g. Fixed Price) will be available at the City's request and at mutually agreeable terms. LNG cost which consists of $0 05 demand charge and $0.05 commodity charge. Provisions are made for points of delivery, pressure, regulators, measurement, and odorization. IR~~I . May 10, 2006 MEMOID . FROM' SUBJECT : Deborah Marroquin Karl Nalepa Evaluation of Natural Gas Supply Proposals The City of Corpus Christi Gas Department (CCGD) recently engaged R. J. Covington Consulting (RJC) to assist it in evaluating natural gas supply proposals received pursuant to a Request for Proposals to Furnish Natural Gas (RFP) issued by the CCGD, and providing a recommendation on which proposal offers the most benefit to the City. Our report begins with a briet background summarizing the purpose of the evaluation, and then provides our conclusions and recommendations regarding the preferred gas supplier to the City. Then the report summarizes the components of the RFP and the individual proposals Next it describes our modeling assumptions and results. Finally tht' report compares the proposals under the established evaluation criteria and describes the strengths and risks of each proposal. Backgrou nd The CCGD is currently purchasing its wholesale natural gas supply to serve the City's gas distribution system customers under a full requirements agreement with National Energy & Trade (NET). The existing gas supply agreement expires on June 30, 2006. In order to acquIre a succeeding wholesale supply reflective of market conditions, the CCGD issued its RFF in March 2006 to solicit proposals with a range of supply options. CCGD receIved supply proposals from National Energy & Trade and Crosstex Energy ServICes in response to the RFP. Conclusions and Reco/llmendatztJl1s Both NET and Crosstex have demonstrated that the companies can provide an adequate, relIable supply of natural gas to the City. Both are active in the natural gas marketplace and have represented that they have access to sufficient resources and transportation to meet the full requirements needs of the City. Based only on the commodity cost of gas, the difference m the proposals is too small to be used for decision making purposes. There are, however, two significant differences between the proposals. First, NET has offered a proposal to allow for the City's acquisition of certain facilities of value to the City The proposal allows the City to acquire on an expedited basis certain pipeline R,j Cuvington Consulting, LLC / 1044 Research Boulevard Suite A -3 L' 4usr/n Texas 7/,i759 (512) 331-4949 Fax: (512) 331-5743 www.RJCovington.com assets needed to enhance the reliability of the gas distribution system, without depleting its capital accounts. Second, NET proposes to include assistance to the City in the form of a contribution to its Heat Help program in the amount of $50,000 per year. Given these differences and considering that NET has been the City's natural gas supplier for the past five years, R}C would recommend that the City enter into negotiations with NET as its preferred supplier for the next contract period. Requestfol Proposals (RFPJ The CCGD issued its Request for Proposals to Furnish Natural Gas (RFP) in March 2006. The original RFP was amended once to add a delivery point for the Packery Channel System. The RFP contained the terms and conditions for which a potential supplier would be evaluated and selected. A summary of the terms and conditions are as follows: Term: Commencmg on July I, 2006 for a minimum of thirty six (36) months with the option to extend for up to two (2) additional twelve (12) month periods. Alternative proposals will be considered for a sixty (60) month period. Service: Full requirements is desired, but City will consider proposals to serve only specific distribution systems If other systems will be served by another supplier. Maximum daily requirements will vary up to 60,000 MMBtu per day. Price: Based on Inside FERC s Gas Market Report Houston Ship Channel Delivered Spot Gas (HSC Index) with a firm fixed markup Alternative pricing options will also be considered Other Considerations: Seller must provide delivery points and measurement and regulation of adequate capacity for each system as summarized in Exhibit 1. Exhibit 1 ...-- -~-"-' -'-'~--'-"- I System Max Flow Delivery M&R MAOP Rate Points Station I Corpus Christi . ..-.- 150 1350 mcf/hr I 2 100 150-200 2 required AnnavIllej Calallen mcf hr North Beach 150 60 mcfjhr 1 re uired ~-"-'_.~--'---'--" - ----- Padre Island 150 100 mcfj d 1 uired --...--...---.-...- Coun Creek' Kin Estates 150 70 mcf d 1 uired Packe Channel 35 30 mcfj d 1 uired ----,-_......._-- -- --- tlam1 T~s_. 35 various 10 --_.__..~ _._--_..._~ --,----- 2 ExceptlOns to full requirements service City retains the right to accept "mineral mterest gas" from facilities producing natural gas on City of Corps Christi properties. · CIty retains the right to purchase liquefied natural gas (LNG) from a source other than Seller. · City desires to acquire a backup delivery point in the Flour Bluff area and establish a separate Flour Bluff system, City retains the option to purchase gas from a source other than Supplier if Supplier cannot deliver gas at this location. Proposals must specify whether the cost of facilities is included in the price proposal, includmg the total cost, extent to which such costs are included, and amortization schedule In addition, the proposal should explain any options concerning recovery of facilities costs over time dnd City's acquisition of the facilities. Proposals should include estimates and location of gas reserves and gas supply contracts Supplier has available to serve the City. Supplier should include the number of other customers which rely on the contracts and the availability of facilities for transporting gas to its customers. Suppliers should also disclose its customers in Texas for whIch it is obligated during the term of the City's agreement to provide a firm supplv of at least 12,000 mef per dav. Proposals should reflect ..:ooperative programs through which Supplier and City together may affect lIlcreased sales Proposal C;ummane, Two proposals were receIved m response to the RFP. (I) National Energy & Trade (the City's current provider) and (2) Crosstex Energy Services. RJC has analyzed the proposals and has reviewed them respectively with NET and Crosstex to obtain further clarification of the proposed terms A summary of the proposals follow: National Energy & Trade (NET) Term: SIXty (60) months begmning July 1, 2006, or other mutually agreeable terms. Price: Platt's Gas Daily Houston Ship Channel Midpoint Index plus $0.10. Reservation Fee: The monthly reservation tee IS $0.16 on 15,000 MMBtul d tor the 60 month term or $0.09 on 15,000 MMBtu! d for al20 month term. Proposal includes transfer of certain assets to the City Other Considerations: Assets offered for transfer to CCGD indude dpproximatelv 24 miles of pipelines and associated rights of way,'omprising: ~-.-- 3 Two (2) Oso crossings Pipeline system serving the Annaville/Calallen systems Pipeline system serving the farm tap systems Pipeline system serving a new Flour Bluff delivery system Will invest in new North Beach and Packery Channel delivery stations and 3 new metering and regulating (M&R) stations. Will reactIvate backup interconnect at Old Brownsville Road Heat Help contribution of $50,000 per year for the term of the agreement. Crolistex Energy Services Term: Minimum of thirty six (36) months beginning July 1, 2006. Price: FIxed daily volume (varying by month according to Exhibit 2) at Platt's Inside FERC Houston Ship Channel Index plus $0.15. Daily swing volumes above the fixed volumes at Platt's Gas Daily Houston Ship Channel Midpoint Index plus $0.15. On days when the fixed daily volume exceeds actual takes, Crosstex will buy back the volumes not taken at the Gas Daily Houston Ship Channel Midpoint Index less $0.10. i Month i January I February ! March i i Apriln_._. : May...._ ,June__ Pail VOl. 6,000 6,000 6,000 6,000 8,000 10,000 Month Jul ~ August September ._ I October J November December Reservation Fee: Monthly reservation fee of $0.02 on the Maximum Daily Quantity of 60,000 Mcf/d. Other Considerations: Fixed daIly volumes may be lOcreased 2 percent annually to provide for growth in consumption, and may also be adjusted for new accounts developed as a result of marketing efforts between Crosstex and CCGD. Will provide transportation for mineral rights gas and liquefied natural gas (LNG) at $0.10 per MMBtu. During any month when takes are less than volumes received for transportation, Crosstex will purchase the excess gas (cash out) at Gas Daily Houston Ship Channel Midpoint Index less $0.15. CCGD is responsible for connecting facilities between Crosstex and mineral rights gas suppliers and LNG suppliers. 4 Will invest approximately $875,000 to lfistall three (3) miles of new pipeline, seven (7) new metering and regulating (M&R) stations, and update or reconfigure two (2) existing M&R 'itations, subject to final project evaluation and consultation with CCGD. Will not Install facilities to serve fam1 tap customers, but will enter into satisfactory transportation agreements St' that the fam1 tap customers will continue to be served. Model :"ssumptlOMs R]C developed an economic model to estimate the total cost of the two gas supply proposals to the City. The components of the model are: · Monthly forecast of gas requirements for the period July 2006 through June 2011. · Monthly forecast of fIrst of the month Houston Ship Channel (HSC) price index. · Monthly forecast of an equivalent daily HSC price index. tvlonthly forecast of the Consumer Pnce Index (CPI) to discount future costs. The (eGD prOVided daily purchase volumes for the six (6) years 2000 through 2005. These volumes were summed and then averaged to determine monthly average purchases. A comparison of historic actual purchases and forecast averages are presented m Exhibit 3. A maximum case was developed by taking the highest daily purchase for each month over the SIX year period and converting that value to a monthly purchase Similarly, a mmimum case was developed using the lowest daily purchase for each month over the penod. RJC observed no real growth over the historic period and therefore did not escalate thE' annual purchases over the forecast period. 5 Exhibit 3 City of CorpUI ChrtatJ On Department P'urcha.. Voiurntt 'OO.()J( &lC,OO(; ~ [\ ~..... jV~ '. 50000< \ j 4OO00c' I I mroc ~ ! 200,000 jJ , "'G,OOO I i ...... -. -~~----'---._-' ii 'I Q <$ <$ 9 9 lJ ~ '! '! Q q '! '! ~ ~ ~ ~ ~ ~ :;; ! ~ ~ ~ ! ~ ~ ~ The first of the month Houston Ship Channel (HSC) price index was derived from the most recent Department of Energy's Energy Information Administration (EIA) Short Term Energy Outlook (STEO). The STEO projected the Henry Hub gas price index for 2006 and 2007 by month. RJC compared the historic relationship between the Henry Hub and HSC indices, and determined that a five (5) percent premium existed at Henry Hub relative to the HSC during the winter months, and this adjustment was made to the STEO forecast to generate a forecast of the HSC price index. In addition, the EIA's Annual Energy Outlook provided its most recent long term forecast for gas prices and reflected a slight moderation in the price volatility observed recently. This was modeled as a one (1) percent per year reduction in the winter peak month prices over the period 2008 though 2011 A companson of historic monthly Houston Ship Channel index prices with forecast index prices art' presented in Exhibit 4 Exhibit 4 Houston Ship Channel Monthly Index Price SL, ':: .t~N/ "'J j ... !. $. Fo(~_t ~ ~ :;; ~ ~ ! q ~ 6 RJC also forecast the daily Houston Ship ChaJUlel price index by comparing the historic relationship between the first of the month and daily HSC indices, and determined that a three (3) percent premIUm existed for the average of the daily HSC prices relative to the monthly prices during all but the summer months (May through August). This adjustment was made to the monthly HSC forecast to generate a forecast of the HSC daily price mdex as presentee in Exhibit 5. Exhibit ') 'OU5ton Ship Choannel Monlhly va Oally Index Prl~ $'2 . ': :~' 11~ . ,A;V\ I.-r/~"~" .. " ....... fOll'M_t __n___ -~----- - --- .T--~-____.----_r_ " q i ~ ~ q ~ ~ 1 ~ ~ ~ ~ ~ Finally R)C projected the Consumer Pnce Index (CPI) as a proxy for inflation to discount the future cost streams calculated under each proposal using the economic modeL The CPI forecast was obtained for 2006 and 2007 from the EIA STEO, and annual changes to the CPI for 2008 through 2011 were obtained from EIA's Annual Energy Outlook. Over the penod the cpr averaged two (2) percent annual growth. Modeltrig i<.esults NET proposes a commodity, harge tor all gas purchased at the daily HSC index, and a fixed monthly reservation fee that recovers its 1l1vestment in facilities, including invesbnent in facilities it proposes to acquire and transfer to the City. Crosstex proposes a two-part commodity charge and a fixed monthly demand charge to recover its investment in ne\'\ facilities needed to serve the City. The commodity charge consists at a monthly fixed volume priced at the monthly HSC index and a swing volume priced at the daily H~)C index Our base case assumes a five (5) year gas supply agreement This is consistent with the RFP that anticipated a nunimum of three (3j years with the option to extend for up to two (2) years, or as an altema live, a five (5) year agreement A five year agreement also results ll1 stability of supply l.Jr a longer period of time than does a three (3) agreement. 7 Further, It IS our opinIOn that any fundamental changes in the natural gas market, such as the availability of local LNG imports, will not occur within three years but more likely after five years. And importantly, to the extent LNG supplies have an impact on market prices. the City's supply will reflect that impact since it is based on a market index. The results of our economic modeling of the two gas supply proposals are reflected in Exhibit 6 rhe values represent the present value average annual cost of the proposals. ExhibIt 6 "-.-....-.- I Commoditv Cost ~-- ReservlQQll Fee Total NET i $834,398 $30,831,491 $31,665,889 -- Crosstex $411,484 $30,505,532 $30,917,016 Difference I $422,914 $325,959 $748,873 -- These results should be interpreted in two parts. First, comparing the commodity cost portion of the evaluation shows that the two proposals differ by $326,000 on an annual basis. This amounts to a one (1) percent difference between the proposals and is well within the range of uncertainty of the forecasted gas demand and prices over five years, including even whether the future relationship of monthJy to daily pricing will hold. This difference is too small to be used for decision making purposes. Therefore, there is no statistical difference between the proposals based on gas cost. Second, comparing the fIxed portion of the proposals representing recovery of facilities costs shows that the two proposals differ by $423,000 on an annual basis. This difference essentially represents the value of the assets NET proposed to be transferred to the City. Over five years, this amount totals $2.1 million. In other words, for this amount, the City will acqUIre on an expedited basis certain pipeline assets needed to enhance the reliability of the gas distribution system and without depleting its capital accounts. Model SenSItiVIties RJC tested the proposal economics against several sensitivities, including: · maximum and minimum purchase volumes · two (2) percent per year escalation in average purchases ten (10) percent higher and ten (10) percent lower gas prices fj\c (5) percent per year escalation in gas prices RJC believes that any variations from the base case are more hkely to be towards lower pnces and higher sales compared to the base case. Market indicators reflect a slight decline in prices and longer term stability than what has been seen lately. Furthermore, recent reports suggest the potential for economic growth within the City along with the promise of increased sales through gas marketing cooperation with the selected supplier. The sensitivity cases indicate that on a relative basis, lower gas prices and higher gas sales improve the economics in favor of the NET proposal. 8 EvaluatiOn !'ntall, The RFP provldes a set at criteria by which the proposals will be evaluated. While other factors may be considered, the criteria give relatively greater weight to a sufficient and reliable supply of gas to the City, cost components of the proposals, and construction of new mtercOImects and acquisition of certain facilities by the City, In Exhibit 7, R]C provides" qualitati\e assessment of th" proposals consistent with the RFP cnteria: Exhibit 7 + ~~ I>eiiCri1iiOi\- +;;; NIIT Deliverability of gas I Has met all past supply Reliable and ! supply obligations to adequate supply : the City. Operates Timely delivery , several pipelines, has 15"'< multiple pipeline connections, and has access to multiple suppliers, + ---t-;o ..------- -+---------~-- i Pnce, Total cost to , Higher cost but . the C j tv within statistical uncertainty and includes value of I transferred assets, Pn;~ision Df new-- I Will invest in new pipeline connections, I delivery stations, Recovery (jf the cost i Proposal includes ot new facilities and i reservation fee to options for City's i recover facility costs fl. aCljuisitiol1 0 i and offer to transler __ i tacilitIes, i dine assets to Ci Assurann' that gas Has met all past supplied will meet supply obligations to ljuality requirements the City, - +-:\1~keting proposai~ +willingto work with tu promok usage anll I City for mutually s.Jes >1 g,b by the i beneJicial business , rdatll'nships 1() o{, 15% 10"< -+ 50:, 5l\ +---...- --- .~--- , Past performance to meet (jthe; supply obligations, -t-c--- i Has met all past i supply obligations to ! the City CrOlillllex Will provide the highest priority service to the City, Operates multiple pipelines, has multiple pipeline connections, and has access to multiple su liers. Lower cost but does not include value of assets transferred to the City, Will invest in new pipeline and M&R stations. Proposal includes demand charge to recover facility costs, Will provide pipeline quality gas meeting the City's s edfications, Will work with the City to develop future ! marketing ! partnerships tor new customers. I Have never curtailed I human needs , customers and has ! had only limited i industrial .Lcurtffilrnent~dueto 9 I hurricane damage. L Both NET and Crosstex submitted adequate proposals in response to the City's RFP. Crosstex provided useful background information about its ability to serve the City, while NET has demonstrated its ability by providing natural gas service to the City for the past fIve (5) years and therefore is a known entity to the City. Each proposal reflected certain strengths and risks: NET NET includes a specific option for City' 5 acquisition of certam facilities of value to the City. The proposal allows the City to acquire on an expedited basis certain pipeline assets needed to enhance the reliability of the gas distribution system, without depleting its capital accounts. The facilities are paid for through the monthly reservation fee and amounts to $2.1 million on a present value basis over the assumed 5 year term. The proposal also includes specific Heat Help assistance to the City in the form of an annual contribution of $50,000 over the term of the agreement. Conversely, the proposal's commodity gas pricing mechanism is based entirely on the daily price mdex. And as previously discussed, RlC estimates that over time, daily pricing results in slightly higher gas prices than does first of the monthly pricing. Crosstex Crosstex' proposal reduces pnce volatility by offering a fixed daily volume (varying by month) priced at the monthly index, with daily swing volumes above the fixed volumes priced at the daily index. In fact, nearly three-quarters of the average annual purchases are priced at the monthly index. Crosstex has committed to constructing new pipelines and delivery points with M&R stations to ensure adequate deliveries to the City. However, there is a risk that all the facilities cannot be constructed in time to meet a July 1 initial delivery date. Crosstex has investigated other options and is prepared to find other transportation options to ensure gas is delivered as needed, but these options have not been finalized. 10 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE TO EXECUTE A FIVE YEAR NATURAL GAS SUPPL V, TRANSPORTATION, AND FACILITIES CONSTRUCTION CONTRACT WITH NATIONAL ENERGY & TRADE, L.P., FOR THE PURCHASE OF 100% OF THE CITY'S NATURAL GAS REQUIREMENTS TO BEGIN ON JULY 1, 2006 AND EXPIRE ON JULY 1, 2011 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee is authorized to execute a five year Natural Gas Supply, Transportation, and Facilities Construction Contract with National Energy & Trade, L.P., for the purchase of 100% of the City's natural gas requirements to begin on July 1, 2006 and expire on July 1, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 24th day of May 2006 ~4~- hv 12 Ly4~iJ1li19 R. Ja~ Reining First Assistant City Attorney For City Attorney Henry Garrett Mayor R63303A' 2 Corpus Christi, Texas ___ of ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott R63303A1 I · u CO l.- I · c:: o o ~ a.. a.. :::J en en co <.9 co I.- :::J I · co Z en L- a> ....., c: a> en ~ a.. c o ....., C) c: en en .- c: c: > 000 :;::;:;::;0 m m . L.. L.. J a> a> . a. a. a:: 00"":- en en c: m m S (9(9-S ,+-,+-en o 0 c: L- L.. 0 000 ....., ......., (.) (.) ~ a> a> E L.. L.. -- -- C) oo~ C ~ . ._ en L.. ::JenCf) 0" <( "' o .. m t:: en c. m~~ ~ 0 co a>i:i:Z :c"'C · ..c .- J a> > s::: Om co O~ ~ t- W Z ----- . Q. - ...J - CD -c CO a... <:) t- CD N . oc!S c::> <:) >. c::> ~ C'-I + C) a... - ~ CD ~ >. c: - w ~ ~ - ....... - ~ c: CO -, 0 c: E 0 0 -- ... ----- ....... - co ~ 0 z c::> en . c::> :I: C'-I a... I CD - -- ~ (I) - Q. ~ (.) Q. -- - .... ::::J ~ a.. en -, ....... ....... c: c: . CD CD E .... . a... .... .... .... ::::J ::::J CD 0 0 l- . . . 0 ~ c .Q .e ~ ~ a.c 0 0 . .e E -C ~ 0 .- N .- ~~ s.... Q) en~s.... a. .eNO .e CD ~ '--""'" ... ~ c -C en 0 c 0 OC-C 0 N E Q) .Q E ~ s.... - ...c CD >< Q) 0 c..:> (\J Q) a. CD L- eo . . ~ . . I E c.. s.... Q) LL l- e:::: ... c: o (.) 8 N ... ..c: (.) ... :I I D.. ~ tn .., c: CD · E tn ! E ._ CD ~.., C"tn f ~ tnI' ftJ.1: C)C) - ~ ~ 2 ~.1: CiS'" c: tn ~c: _ 0 -- -- ftJ'" "'Cc.. 't- CD o ~ ~ CD oJ: U) cU o ~ en .: ~ ~ c: ftJ o Q) ;;tt:: c.. CD (.) >< w . ... ... tn ftJ C) .., tn CD '- CD .., c: .- - . . ftJ '- CD c: .- E ... ... o .., .., .1: C) .- '- .., c. CD CD (.) :5:l . . ~ - c.. c.. ~ C/) '- c: CD.- · .1: ~ "'C .., ~-CD o CD > c: > CD ftJ .- .- _ .1: E CD (.) o "'C ftJ '- c..'" 't-~O tn ~ c: ftJ (.) tn C) ftJ .- CD.c~ tn ~ :1 ~CI)iii (.) ~ '- '- ~ ~ :1 0 0 D..tnLL . .c '- CD .1: .., o ...: c: CD ftJ= E = o c: J: ftJ C):5 Z '- ..J CD CD= tn 0 ftJ CD .1: (.) (.) '- '- ~ ~ 0 D.. tn . (.) en CD (.) -- ~ CD en ~ en s... CI) c::: W 1>< enS wfn en en ze ou c..~ en I- Ww D:::z o ~ I- ... - .- L- a.. <( -c Q) . L- en .- - ..c ro en en .+-J 0 C Q.. CO 0 .+-J L- - :J a.. en Q) C..c O.+-J o Q) .+-J C ro o :J .+-J - O)CU C > -> Q) o 0 O+-' .co JO · 0 O::N > ..J Q. Q. :::) en en <( C) t- ..JenU ~....J<( ~<(~ ..Jenz 1-00 <(c..U ZOO::: LLO:::<C Oc..~ Z an o - I- <( :::) ....J ~ W r-'~ ..- m <.0 C'J ex) ~ I'- ex) 0 ex) ~ ~ - - L() I'- ex) ro CO ~ ~ +oJ ~ CO m I'- '" - tI7 ~ 0 CV) C") Y} Y} ~ N (j) +oJ (j) CV) L() en ~ L() (j) - - - 0 ~ L() L() () CV) 0 N en ex) L() CV) - - Y} ro 0 0 (9 CV) CV) Y} Y} CO -q- -q- iC (j) CO ~ iC CV) -q- (j) Cl) - - - Cl) -q- ~ N U. CV) ~ N C CO -q- ~ 0 Y} Y} Y} .- +-' ~ Cl) en Q) 0:: >< w Cl) r- u C/) c en ~ r- 0 ~ W c:: .- z () 0 0> E -- "t- o s- "'0 Q) 0 > .S:: Q) 0> "'0 a. 0 s- -- 0> C/) 0') 0> C 0 -- - -- co u s- ~ S -- u >- :J s- a. -- a. C/) :J C C/) 0 U "t- o 0 >- -- ~ >- - s- -- co .0 C/) co C/) C/) -- 0> 0> C/) u -- c 0> co c 0') C/) C/) -- -- :J C/) ~ o~ C/) 00 0> s- I t5 0> Q)-C co -- L- JE 0 -- c c-- 0 o C/) u -- co L- roO') co 2=- Q) (]) ~ >- C/) :J L() 0>-- <( a:: ~ -tc ole ole . . z o - l- e:( C Z w :E :E o u w ~ tn ea I- w Z -c c: CD E E o (.) CD '- ~ .. -- (.) CD oJ: .. -c c: '- ea _! - c: c. o c. .. ~ g' CI) -- --" c: > CD 0 o '- (.)'-" _ J!! CD ., CD (/) - '- eu D::c.tt1 . . - '- eu CD ~ o o _0 (/) ... CD 0 __ an ~~ :='1- (.) 0 ~ c: o c: -- -- .. eu eu t:: c: CD 0 (.) "'C 'I- C. o - c CD oJ:": __ .. CD ~ eu -- - (/) CD c. -:i J: c. tT s::: ~ (.) 0 CI) co ;:; .... (/) eu c: ... '- CD ~ CD '- ~ c. ~ 000 . . . 10 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: June 6, 2006 AGENDA ITEM: Resolution authorizing the South Texas Aggregation Project, Inc. ("STAP") to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2007; authorizing the City Manager to sign a contract with ST AP for the City of Corpus Christi's 2007 and, if economically feasible, 2008 electricity needs; and committing to budget for energy purchases in 2007 and, if economically feasible, 2008 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2007 and, if economically feasible, 2008 through STAP ISSUE. One of the primary goals of STAP is to achieve the greatest amount of savings in the deregulated market. The current ST AP electric contract will expire at the end of this year. At its May 2006 Board meeting, the STAP board discussed 2007 power supply options for STAP members. To meet ST AP's 2007 power needs, the ST AP Board recommended exclusive negotiations with Constellation, ST AP's power provider since 2005, for contract extension terms. There are two primary reasons for the Board's decision. First, lack of true competition in the market because all retail electric prices are so closely tied to natural gas prices. An indicator of this is the fact that during each of the previous five contracting cycles, bids have been extremely similar, often separated by fractions of a penny. STAP consultants expect little price differentiation again this contracting cycle. Second, preparation and release of an RFP imposes additional time of approximately 60 days from initial preparation to final contract negotiations into the contracting process. The STAP Board determined that the slim price differences between expected bids does not justify the extra time and expense necessary to prepare and release an RFP to the retail community - particularly if that delay means that ST AP will miss a potential favorable contracting window for 2007 prices. Also, the ST AP Board recognized that extending the current contract with Constellation avoids time consuming process of switching all accounts to a new provider. Constellation has been responsive to members' needs and questions and has indicated that they remain committed to providing STAP superior quality service. REQUIRED COUNCIL ACTION: Approval of the attached resolution as presented. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented. O~n/l7~ Oscar R. Martinez Assistant City Manager Attachments: Resolution authorizing an agreement with South Texas Aggregation Project, Inc. RESOLUTION NO. \ RESOLlITIO~ OF THE CITY OF CORPUS CHRISTI, TEXAS, ,\l iTHORIZING THE SOUTH TEXAS AGGREGATION PROJECT, INC. ,"STAP") TO ~EGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; \l THORIZING THE CITY MANAGER OR DESIGNEE TO SIGN A C()NTR~CT \VITH STAP FOR THE CITY OF CORPUS CHRISTI'S 2007 \ND, IF ECONOMICALLY FEASIBLE, 2008 ELECTRICITY NEEDS; \ND COMMITTING TO BLDGET FOR ENERGY PURCHASES IN 2007 \ND, If ECONOMICALLY FEASIBLE, 2008 AND TO HONOR THE CITY OF CORPllS CHRISTI'S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND, IF E<ONOMICALLY FEASIBLE, 2008 THROrGH ST AP. WHEREAS, the (']t\ of Corpus Christl Texas (CIty) is a member of South Texas Aggregation P'uJt'ct [n\ ("SI .'\J>"). J nonprofit political subdivision corporation dedicated to SCCllflnt' ekctric power l(lr its members in the competitive retail market; and WHEREAS, S {AP lieg' ,tiated f;\vorahle contract terms and a reasonable commodity price for deli\cnd tlectricit:. for STAP members since 2002, resulting in average savings 01' tlmt: percent ofl of the Price to Beat ("PTB") rate; and WHEREi\S, S lAP beli,~ves that the prIcing opportunity window for favorable 2007 deliveries unde" clther a wholesale or retail agreement will be short-lived and that ST AP must be ahle to commit contractually to prices within a 24-hour period in order to l(lck-m fet\ orablc prices regardless of whether STAP continues its historic practice of rclad agreemenh or enters the wholesale market; and \VHERF.\S, e\pl'r]eI1Cl> in conuactil1g for S I /\p load since 2002 demonstrated that Retail []c(1ri\ Prlviders demanc11mmediatc response to em offer and may penalize delay with hlc:hcr prices~ and WHEIUAS. S 1\1' :-; current ddivered energy pnces provide savings when measured against 'he PI Bate, ilnd aggregated rates contracted during favorable pricing periods tlT likcl) to he l(,wcr than pnccs obtained by the City contracting individually lUrIng thl same time p(~ri()d: and WHERlAS, po\\cr,uppliers demand assurance that STAr will pay for all contracted load; and WHEREAS, the City (1' Corpus ChrISti needs to assure STAP that it will budget for energy rurcha,es in 2007 and. 1 f practical, 2008 and honor its commitments to purchase power for Its electrical needs in 2007. and potentially 2008, through ST AP. BI. II RESi)l ViI) BY IHII ITY COt TNCIL OF THF CITY OF CORPUS CHRISTI, rEXi\ S Section 1: I hat the STAP Board and its consultants and advisors are authorized to negotiate on hehalf of '-'TAP memher:, and will evaluate for the City wholesale and retail power supply ontrac1 options for 2007 as compared t() a retail electric delivery contract for 2007 and, if nraCllcai :'008 Section 2: nut the ('lt~ Manager or designee is authorized to execute a contract with STAP that permits the S'} A P Board and its consultants and advisors to negotiate and sign the electric power agreement lor the C It~ . s 2007 and, if practicaL 2008 electricity needs as a member of STAP and commils its 2007 and, !' practical, 2008 load pursuant to the contract recommended and approved hv the Sl!\ P Bcurd of Directors Section 3 ['hat the City will commit to purchase power to meet all of its electricity needs eligible lor competition pursuant to the STAP approved supply agreement and approve funds necessary to pay ekctncity costs proportionate to the City's load under the supply agreement (whether wholesale or retail) arranged by STAP Section 4: That a copy of the resolutIon shall be sent to Geoffrey M. Gay, legal counsel to ST AP, at 816 Congress Avenue, Suite 1900, Austin, Texas 78701 PRESENTED A}\;O PASSED on this day of _ . ,2006, by a vote of ayes and nays at a regular meeting of the City Council of the City of T exa". ATTEST: THE CITY OF CORPUS CHRISTI Armandu Chapa City Secretary Henry Garrett Mayor APPROVED: May 24.. 2006 'i~~ _ h~~~ Lisa Aguila~.7 Assistant City Attorney for ('It: Attorney ') 11 ~"""""".~ ~ ..- -.~->- CITY COUNCIL AGENDA MEMORANDUM June 6, 2006 AGENDA ITEM: A. Resolution of the City of Corpus Christi, Texas approving guidelines regarding requests from qualified charitable orgamzations for property tax exemption under Section 11.184 of the Texas Tax Code. B. Resolution of the City of Corpus ChristI, Texas granting the request of Al Amin Shrine C enter for propertv tax exemption under Section 11.184 of the Texas Tax Code. C ResolutIon of the City of Corpus Christi, Texas granting the request of the Corpus Christi Masonic Lodge No. 189 A.F. & A.M. for property tax exemption under Section 11.184 of the Texas Tax Code. ISSUE: The City has determined that it is appropriate to adopt guidelines regarding requests from qualified charitable organizations for property tax exemption under Section 11.184 of the Tax Code. Both the Al Amin Shnne Center, 2001 Suntide Road, Corpus Christi, Texas, and the Corpus Christi Masonic Lodge NO.189 A.F. & A.M.. P. O. Box 6704, Corpus Christi, Texas have applied for property tax exemption under Section I 1.184 of the Texas Tax Code. Section 11.184, Organizations Engaged Primarily in Performing Charitable Functions, provides a three step process for an organization to receive tax exempt status. First, the organization must apply to the State Comptroller for a determination of whether the organization is engaged primarily in performing charitable functions. Second, the organization must receive approval from each taxing unit. Third, the organizatIOn must submit an application for an exemption to the appraisal district. Both the Al Amin Shrine Center and the Masonic Lodge No. 189 A.F. & A.M. have received a determination letter from the State Comptroller's Office and are now individually requesting approval ofthe exemption from each taxing unit. According to the guidelines established by the City of Corpus Christ! regarding requests from qualified charitable organizations for property tax exemption under Section] 1.184 ofthe Tax Code, both the Al Amin Shrine Center and the Masonic Lodge No. 189 A.F. & A M. do qualify for the exemption. REQUIRED COrNCIL ACTION: A.pprova1 of the Resolutions as presented. FUNDING: None CONCLliSION AND RECOMMENDATION: Staffrecommends approval of the Resolutions. ~ O'~ Cindy O'B~, Director of Financial Services Attachments: Background Information Resolutions Documentation from Al Amin Shrine Center requesting City Council consideration Documentation from the Masonic Lodge No. 189 A.F. & A.F. requesting City Council consideration BACKGROUND INFORMATION L\l Am10 Shnne Center. 2001 Suntide Road, Corpus Christi, Texas. and the Masonic Lodge No. 189 A.M. & i\.F havt' applIed t~)f property tax exemption under SectIOn 1] .184 of the Texas Tax Code. Section 11 184, Orgamzatlons Engaged Primarily 10 Performing Charitable Functions, provides a three step process f()r an organization to receive tax exempt status: 1 The organization must apply to the State Comptroller for a determination of whether the organization is engaged primarily in performing charitable functions, The organization must receive approval from each taxing unit, and The organization must submit an application for an exemption to the appraisal district. ."') "- 3 The property requesting to be exempt, the values of said property, and the potential annual loss in ad valorem taxes to the City of Corpus Christi, based on 2005 property tax rates are as follows: Taxable Value City's 2005 Property Tax AIAmm Temple 2001 Suntide Road 2001 Suntide Road-Personal Property Tuloso-Road Iotal $412,768 $31,911 $96,563 $2,583.10 195.19 604.29 $3.382.58 The Masonic Lodge CC Lodge 189 AF & AM $156,521 CC Lodge 189 AF & AM-Personal Property $2,000 Iotal $979.51 12.52 $992.03 The City IS also recommending adoption of a resolution standardizing the requirements an organization would need to apply for property tax exemption by the City of Corpus Christi. If an entity is approved for property tax exemption b) the ('it). to continue to receive an exemption after the fifth year, the organization must reapply for the exemption. RESOLUTION APPROVING GUIDELINES REGARDING REQUEST FROM QUALIFIED CHARITABLE ORGANIZATION FOR PROPERTY TAX EXEMPTION UNDER SECTION 11.184 OF THE TAX CODE WHEREAS, Section 11 184 of the Texas Tax Code authorizes taxing units to grant property tax exemptions to "qualified charitable organizations" in compliance with Section 11 184 of the Tax Code WHEREAS, "qualified charitable organization" is defined in Section 11,184 of the Texas Tax Code to mean a "statewide charitable organization" or a "local charitable organization", WHEREAS, "statewide charitable organization" is defined in Section 11.184 of the Texas Tax Code to mean a statewide organization that, with respect to its activities in this state, IS engaged primarily in performing functions listed in Section 11.18 (d) of the Tax Code. WHEREAS, "local charitable organization" IS defined in Section 11.184 of the Texas Tax Code to mean a statewide organization that is a chapter, subsidiary or branch of a statewide charitable organization; and with respect to its activities in this state, is engaged primarily in performing functions listed in Section 11.18(d) of the Tax Code; WHEREAS, section 11.18 (d) of the Tax Code provides that to qualify as a charitable organization under Section 11.18 of the Tax Code. an organization must be organized exclusively to perform religious, charitable, scientific, literary, or educational purposes, and engage In performing at least one of the following charitable functions: (1) providing medical care, (2) providing support to individuals in need including the poor, orphaned children, abused spouses and victims of natural disasters; families children and abused families, in need; (3) support to the elderly, (4) preservation of historical sites, (5) support for zoo, library, or the art facilities, (6) humane animal care; (7) water for public use, (8) fire response; (9) youth athletics; (10) wildlife preservation; (11) educational scholarships, (12) halfway house services; (13) elderly housing; (14) promotion of the arts; (15) charitable solicitations; (16) scientific research; (17) operating television station that receives grants from Corporation for Public Broadcasting; (18) low to moderate Income housing; (19) housing needs for elderly; or (20) housing for students of an Institution of higher education; WHEREAS, the City of Corpus Christi desires to adopt guidelines regarding requests from "qualified charitable organizations" regarding property tax exemption under Section 11.184 of the Tax Code; NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that these Guidelines Regarding Requests from Qualified Charitable Organizations for Property Tax Exemption under Section 11.184 of the Tax Code be adopted: SECTION 1. DEFINITIONS. (a) In this policy "Local charitable organization" means an organization that: tA) IS a chapter, subsidiary, or branch of a statewide charitable organization; and (8) with respect to ItS activities in this state, IS engaged primarily in performing functIons listed in Section 11 18(d) of the Tax Code. (2) "Qualified charitable organization" means a statewide charitable organization or a local charitable organization. (3) "Statewide charitable organization" means a statewide organization that, with respect to ItS activities in this state, is engaged primarily in performing functions listed in Section 11 18(d) of the Tax Code SECTION 2. APPLICATION. To apply for an exemption under this policy, the organization must provide the following information to the City Director of Financial Services; (1) Cover letter Identifying the name of the organization, and legal description of property (2) Copy of the most recent tax statement issued by Nueces County Tax Assessor and Collector (3) Determination from the State of Texas Comptroller Office that the organization is engaged primarily in performing functions listed in Section 11 18(d) and is eligible for an exemption under Section 11 184 of the Tax Code (4) EVidence that the organization is recognized by the Internal Revenue Service as a tax-exempt organlzatio'l under Section 501 of the Internal Revenue Code of 1986; (5) EVidence that the organization IS entitled to Issue an exemption certificate from sales taxes under Sect'on 151 310 of the Tax Code. (6) EVidence that the charter or bylaws of the organization require charitable work or public service. (7) EVidence establishing that the amount of monetary support contributed or in-kind charitable or public service performed by the organization in Proportion to the organization's operating expenses, the amount of dues received by the organization; and the taxes imposed on the organization's property during the preceding year if the property was taxed in that year and SECTION 4. REVIEW. (a) After receipt of an application for exemption, the City Director of Financial Services shall review the application for completeness with this policy. (b) After receipt of a completed application, the City Director of Financial Services shall determine the impact of the proposed tax exemption. (c) Upon receipt of a completed application, the City Director of Financial Services shall forward a copy of the application to the City Manager and City Council for review and consideration, along with statement of impact of the proposed tax exemption. (d) An exemption may not be granted unless the exemption is adopted either: (1) by the governing body of the taxing unit; or (2) by a favorable vote of a majority of the qualified voters of the taxing unit at an election called by the governing body of a taxing unit, and the governing body shall call the election on the petition of at least 20 percent of the number of qualified voters who voted in the preceding election of the taxing unit. (e) Required FindinQs. In order to approve a request, the City Council must find that the application meets these guidelines ill Reservation of RiQhts. Nothing herein shall be construed to limit the authority of the City to examine each application for tax exemption before it on a case-by-case basis and determine in its sole and absolute discretion whether or not it complies with these Guidelines. SECTION 5. SALE OF PROPERTY. (a) Sale of property. In the event the exemption is granted and the property is sold during the period of exemption, then organization shall immediately provide written notice of such sale to City Director of Financial Services. The exemption shall immediately terminate upon date of sale. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: June 1, 2006 ~~ Lisa Aguilar . Assistant City Attorney for City Attorney 4 RESOLUTION GRANTING REQUEST OF AL AMIN SHRINE CENTER FOR PROPERTY TAX EXEMPTION UNDER TEXAS TAX CODE SECTION I 1. t 84 WHEREAS. Al Amin Shnne Center, 200 1 Suntide Road, Corpus Christi, Texas, 78409, has filed an application [or properly tax exemption under Section 11.184 of the Texas Tax Code; "^ HEREAS, AI Amin Shrine Center, has received letter from the Texas Comptroller's Office that Al Amin Shrine Center qualifies for property tax relief as a qualifying charitable organizatlon; WHEREAS, Al Amin Shrine Center has provided information in compliance with the City of Corpus Christi Guidelines Regarding Requests from Qualified Charitable OrganizatIOns for Propert~ Tax Exemption under Section 11.184 of the Tax Code; NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPllS CHRISTI AS FOLLOWS: Section 1. rhe request of AI Amm Shrine Center for property tax exemption is hereby approved for property eligible under Section 11.184( c) of the Tax Code as determined by records ofNueces County Appraisal District. This exemption expires at the end of the fifth tax year after the year in which the exemption is granted. Section 2 This Resolution shall take effect and be in full force immediately after its adoption by the Council ATTEST' THE CITY OF CORPUS CHRISTI .'\rmando Chapa City Secretary Henry Garrett Mayor APPROVED: June I. 20U6 "r" ~,----, '- - Lisa Aguilar Assistant City Attorney for City Attorney ~ ~\lE c~ (If) ... JixAS ... COMPTROLLER OF PUBLIC ACCOUNTS P.o. BOX 13528 AUSTIN, TX 78711-3528 March 15,2006 Jim Cramer Al Amin Shrine Center 2001 Suntide Road Corpus Christi, Texas 78409 Dear Taxpayer, I am pleased to inform you that your organization qualifies for property tax relief. A.s you may know, the Texas Legislature allowed local taxing jurisdictions to give property tax relief to qualifying charitable organizations, as defined in Chapter 11.18, Property Tax Code. After reviewing your application, we have determined that your organization and its local chapters are eligible for this relief. A new determination letter and reapplication for the exemption is required following the end of the fifth year of exemption. You may apply to your county appraisal district for the propeny tax exemption. With your application, mc1ude a copy of this determination letter to show that your organization is primarily engaged in charitable activities. based on your classification as a 501(c)(8) or (10) organization with the Internal Revenue Service. Be aware that an organization may be qualified, but receive no benefit from the exemption because either It owns no property, or the appraisal district determines that the property is not used exclusively for qualifying charitable activities. Not all taxing jurisdictions offer this property tax exemption. The actual amount of your tax rel_ief is dependent upon local taxing authorities and your county appraisal district. If you have any questions aboUT your exemption, email.usattax.help@cpa.state.tx.us. or call toll free 1-800-531-5441 and ask for the exempt organizations~ection. -~ ...~ . r Lomax er, Tax Policy Division Form 50-301 (2'()2) RESOLUTION GRANTING REQUEST OF CORPUS CHRISTI MASONIC LODGE NO. 189, A.F. & A.M. FOR PROPERTY TAX EXEMPTION UNDER TEXAS T ~X CODE SECTION 11.184 WHEREAS, CdrpUS Christi IVlasonic Lodge No. 189. A.F & A.M., ("Masonic Lodge") with mailmg address POBox 6704, Corpus Christi. Texas, 78466-6704, has filed an applicatIon for property tax exemption under Section 11.184 of the Texas Tax Code; WHEREAS, Masonic Lodge has received letter from the Texas Comptroller's Office that Masol1lc l.odge qualifies for property tax relief as a qualifying charitable organization; WHEREAS. Masonic Lodge has provided information in compliance with the City of Corpus Christi GUIdelines Regarding Requests from Qualified Charitable Organizations for Propert) Tax Exemption under Section 11.184 of the Tax Code; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPl IS CHRISTI AS F( )LLOWS' Section 1 The request of Corpus Christi Masonic Lodge No. 189, A.F, & A.M, for property tax exemption is hereby approved for property eligible under Section 11,184 (c ) of the Tax Code as determined b:, records ofNueces County Appraisal District. This exemption expires at the end of the fiHh tax year after the year in which the exemption is granted, Section 2 This Resolution shall take effect and be in full force immediately after its adoption bv the Council ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Hem)' Garrett Mayor APPROVED: June 1. 2006 ~ -~ ~-=---V-'-----' Lisa Aguilar Assistant City Attome) for City Attorney ~ 'tt\E CO~ gF~.' t ~~i ... 1ixAS .. COMPTROLLER OF PUBLIC ACCOUNTS p.o. BOX 13528 AUSTIN, TX 78711-3528 March 21). 2006 Norman Royal Secretary Corpus Christi Lodge No 189. AF & AM Post Office Box 6704 Corpus Christi. Texas 7H466 Dear Mr. Royal: I am pleased to inform you that yom organization qualifies for property tax relief. As you may know, the Texas Legislatme allowed local taxingjmisdictions to give property tax relief to qualifying charitable organizations, as defined in Chapter 11.18, Property Tax Code. After reviewing your application. we have determined that your organization and its local chapters are eligible for this relief. A new determination letter and reapplication for the exemption is required following the end of the fifth year of exemption. You may apply to your county appraisal district for the property tax exemption. With your application, include a copy of this determination letter to show that your organization is primarily engaged in charitable activities. based on your classification as a 501(c)(8) or (10) organization with the Internal Revenue Service. Be aware that an organizatIon may be qualified, but receive no benefit from the exemption because either it owns no property, or the appraisal distnct determines that the property is not used exclusively for qualifying charitable activities. Not all taxing jurisdictions offer this property tax exemption. The actual amount of your tax relief is dependent upon local taxing authorities and your county appraisal district. If you have any questions about your exemption, email usattax.help@cpa.state.tx.us. or call toll free 1-800-531-5441 and ask for the exempt organizations section. . Lomax ger, Tax Policy Division Farm 50-301 (2.02) 12 CITY COUNCIL AGENDA MEMORANDUM city Council Action Date: 06J06J06 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding definition of local exchange access line and 9-1-1 service fees, providing for penalties, providing for severance; and providing for publication. ISSUE: Increase the local 9-1-1 wireline service fee to provide for additional funding for new projects and/or continued operation costs for the City's 24-hour 9-1-1 telecommunications center. BACKGROUND: In May 2002 the City became a home rule entity for purposes of administering and operating its own 9-1-1 system. In order to provide for the expense associated with the operation of this system the City is authorized to assess and collect a monthly 9-1-1 service fee on all residential and business telephone lines within the City. The proposed fee increase is from .70 to $1.00 for all residential lines and .90 to $1.20 for all business lines. This increase will provide for an estimated $370,000 in revenues. Approval of the fee increase at this time is necessary in order to give the providers time to modify their billings. REQUIRED COUNCIL ACTION: Approval of the fee increase. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the fee increase. d~r- K. A. Bung Acting Chief of Police Attachments: AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING DEFINITION OF LOCAL EXCHANGE ACCESS LINE AND 9-1-1 SERVICE FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1 Chapter 55 Article I, Section 55-7, is amended to read as follows: 'Sec. 55-7 Local exchange access line 9-1-1 service fee. (a) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning" City means the City of Corpus Christi. Federal service user means a service user with local exchange access line service dedicated to and paid for by the federal government for official federal use only Local exchange access line or equivalent local exchange access line means afly telephone .line or service for which a federal subscriber line charge is assessed ~ local exchange service provider on the customer's bill, communication channel, cable/br03dband services, or any other wire means that connects the customer to the public s'Nitched telecommunications network and provides the customer with ability to re3ch a public safety amw.'ering point by dialing the digits 9--1--1-: the physical voice qrade telecommunications connection or the cable or S,1 fee June 2006 DOC 2 broadband transport facilities, or any combination of these facilities, between an end user customer's premises, and a service provider's network that. when the dlqits 9-1-1 are dialed, provides the end user customer access to a public safety answering point throuqh a permissible interconnection to the dedicated 9-1-1 network. Each such connection (e.q. individual channel) provided to an end user customer shall constitute a separate "local exchanqe access line" or "equivalent local exchanqe access line." A service provider that bills federal subscriber line charges on all its retail lines and services to all its end user customers may use the federal subscriber line charqe as an alternative definition and may bill. collect. and remit 9-1-1 emerqency service fees on that basis. The term does not include coin-operated public telephone operatinq equipment, public telephone equipment operated by card reader, commercial mobile radio service that provides access to a paging or other one-way signaling service, a communication channel suitable only for data transmission, a line from a telecommunications service provider to an Internet service provider for the Internet service provider's data modem lines used only to provide its Internet access service and that are not capable of transmitting voice messages, a wireless roaming service, wireless service provider, or other nonvocal commercial mobile radio service, a private telecommunications system, or a wireless telecommunications connection subject to Texas Health and Safety Code, Section 771.0711. 9-1-1 service means a telecommunications service through which the user of a public telephone system has the ability to reach the city's public safety answering point by dialing the digits 9-1-1 )11 FEE JUNE 2006 DOC 3 9-1 1 service system means a system of processing emergency 9-1-1 calls. Public safety answering point means the city communications facility that: (1) Is operated continuously (2) Is assigned the responsibility to receive 9-1-1 calls and, as appropriate, to dispatch emergency response services directly or to transfer or relay emergency 9-1-1 calls to other public safety agencies; (3) I s the first point of reception by a public safety agency of a 9-1-1 call; and (4) Serves the city. Service supplier means an entity providing local exchange access lines to a service user in the city Service user means a person or business entity that is provided local exchange access lines In the city. Wireless service provider means a wireless service provider as defined in section 711 001 (12). Texas Health and Safety Code. (b) 9-1-1 emergency service fee. Each service supplier in the city shall collect a 9-1- 1 emergency service fee of seventy cents ($0.70) one dollar ($1.00) per month for each residential local exchange access line; and ninety cents ($0.90) one dQllar and twenty cents ($1.20} per month for each business local exchange access line~ and one dollar and twenty cents ($1.20) per month for each business trunk local exchanqe access line. The 9-1-1 emergency service fee shall be used -11 FEE JUNE 2006.00C 4 only for costs attributable to equipment and personnel necessary to operate the cIty's public safety answering point. c) Restrictions and limitations on 9-1-1 emergency service fee. The 9-1-1 emergency service fee imposed by this section is subject to the following restrictions and limitations (1) The 9-1-1 emergency service fee may only be imposed upon service users' local exchange access lines and equivalent local exchange access lines. (2) The 9-1-1 emergency service fee may not be imposed upon any cOln- operated or coin/card reader operated telephone equipment. (3) a Each billed service user is liable for the 9-1-1 emergency service fee imposed by this section until the fee is paid to the service supplier. b. The fee must be added to and stated separately in the service user's bill from the service supplier. c The service supplier shall collect the fee at the same time as the service charge to the service user in accordance with the regular billing practice of the service supplier. d. A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide 911 FEE JUNE 2006.DOC 5 telephone service to facility residents shall collect the 9-1-1 emergency service fee and transmit the fees monthly to the city. (4 No service supplier is obliged or authorized to take any legal action to enforce the collection of any billed 9-1-1 emergency service fee. (5 No service supplier may disconnect any service user's telephone service for failure to pay the 9-1 1 emergency service fee. (6! Each service supplier shall assess a 9-1-1 emergency service fee to each service user on a monthly basis and shall remit the collected 9-1-1 emergency service fee to the city no later than thirty (30) days after the close of the month in which the 9-1-1 emergency service fees were assessed (7, Each servIce supplier shall complete a remittance report in the form provided by the city. The remittance report must accompany the remitted 9-1.1 emergency service fees. (8 Each service supplier may retain from its remittance to the city no more than two (2) per cent of the collected 9-1-1 emergency service fees as its compensation for performing its obligations under this section. (9 \ Each service supplier shall provide the city with an annual list that includes the amount of all delinquent fees and the name and address of each nonpaying service user 911 FEE JUNE 2006.DOC 6 (10) Each service supplier shall retain records of the amount of 9-1-1 emergency service fees collected for a period not to exceed two (2) years from the date of collection. (11) The city may audit the records of collected 9-1-1 emergency service fees from any service supplier The city will pay for its auditor's costs. (12) All federal service users located in the city are exempt from the 9-1-1 emergency service fee. (Ord No. 25397, S 1,7-22-2003: Ord. No. 025868, S 1,7-27-2004) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final Judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, pUnishable as provided in Section 1-6 of the City Code of Ordinances SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall take effect upon publication. 911 FEE JUNE 2006.DOC 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the. __ day of __...' 2006, by the following vote: Henry Garrett John E Marez Brent Chesney Rex A Kinnison Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the ___ day of __ ___ __ 2006 by the following vote: Henry Garrett Rex A Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, thIs the __ day of ATTEST ,2006. Henry Garrett Mayor Armando Chapa City Secretary APPROVED )1~:~y.3 \.._ .2006 U 't...NVL A-c>\v~ .'-eL, Lisa Aguilar () .-- -._- Assistant City Attorney for City Attorney 911 fee June 2006 DOC 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 06-07 General Fund. STAFF PRESENTER(S): Name Oacar Martinez Eddie Houlihan Title/Position Department Assistant City Manager-Administrative Services Assistant Budget Director REQUIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget Adoption are scheduled for July 18th and July 2 th respectively. Power Point Presentation X Exhibits