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
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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
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CEFE F. VALENZUELA
MUNICIPAL LANDFILL
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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-
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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..
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Michael~, Gunning, AICP ,/
:\SSIstant Director of Development Services
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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.
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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
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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
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West ! "]-2" Light-Industrial Light industrial uses Light-Industrial
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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.
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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
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Street
Type
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Volume
(2001)
Not available
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Rancho \ista Boulevard
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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)
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· 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
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Favor
Opposition
(As of May 11 20(16)
Attachment:
Zoning Map
Preliminary Map
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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
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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
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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
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.
oJ lJB&~,
, 1
Mi."""'. ..
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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
,
,. ,
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M~ l!ef
~
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. 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
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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
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. 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
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. 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
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. New Review Procedures
· Historic Overlay District Designation
· Master Plat
· Site Plan Review
· Master Sign Plan
· Temporary Use Permit
· Written Interpretation
· Administrative Adjustment
8
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.. '
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. 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
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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 ...
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.' ~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
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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
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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.
.. .
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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
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P::Jrklng Buffer
Street Buffer
17
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.~~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
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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
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. 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
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· Horizontal - Projections or recesses 200/0 of length
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. Vertical - Change in height based on height and
length
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24
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. 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
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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,
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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
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. Change in Nonconforming Use
. Nonconforming
· Uses & Structures
· Signs
· Improvements
· Lot of Record
31
f...............~.....-
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n
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. 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
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. Undefined words have their normal dictionary
definition
. New abbreviations table
. Struck unused terms
33
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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,
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"'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\
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..
"
....... 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
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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