HomeMy WebLinkAboutAgenda Packet City Council - 07/11/2006
CITY COUNCIL AGENDA
JULY 11,2006
Corpus Christi
tiea CiIV
11 :45 A.M. . Proclamation declaring July 15, 2006 as "Neighbor-to-Neighbor Day"
Certificate of Commendation - Brian Lewis, United States Bowling Congress
"At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JULY 11, 2006
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PRONIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is ear/ier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject please present it to the City Secretary
Si Usted desea dirigirse at Concilto 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
contactthe City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor John Smith, First Family Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro T em Jesse Noyola
CouRfil Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Ketly
Rex Kinnison
John Marez
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1 Approval of Regular Meeting of June 27, 2006. (Attachment # 1)
Agenda
Regular Council Meeting
July 11 , 2006
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
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Building Standards Board
Cable Communications Commission
Civil Service Board/Commission
C. C Business and Job Development Corporation
C. C Regional Transportation Authority
Human Relations Commission
Planning Commission
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G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, In which event the item or items will immediately be
withdl'awn for individual consideration in its normal sequence after the items not
requiting separate discussion have been acted upon. The remaining items will
be adopted by one vote.
COg&ENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FR PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
3 Motion approving a supply agreement with Oil Patch Petroleum,
Inc., of Corpus Christi, Texas for lubricating oils, greases and
antifreeze in accordance with Bid Invitation No. BI-0143-06 based
on only responsive bid for an estimated six-month expenditure of
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Agenda
Regular Council Meeting
July 11, 2006
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$67,451.65 of which $11,241.94 IS budgeted in FY 2005-2006.
The term of the agreement shall be for six months with an option
to extend for up to four additional six-month periods, subject to
the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by the using departments
in FY 2005-2006 and requested for FY 2006-2007. (Attachment
# 3)
4 Motion approving the purchase of five (5) heavy trucks and the
lease/purchase of three (3) heavy trucks in accordance with Bid
Invitation No. BI-0151-06 from the following companies in the
following amounts based on low bid for a total amount of
$501,519.88. All eight units are replacements. Funding is
available for the five units to be purchased from the FY 2005-
2006 Capital Outlay Budget in the Maintenance Services Fund.
Financing will be provided through the City's lease/purchase
financing program for the three units to be lease/purchased.
(Attachment # 4)
Grande Truck Center
San Antonio, TX
7 Units
$425,756
Fleet Pride International
Corpus Christi. TX
1 Unit
$75,763.88
Grand Total: $501,519.88
5. Motion approving a supply agreement with Comlink Wireless
Tech, Inc. (Comlink), of Grapevine, Texas for radio replacement
batteries for the total amount of $94,767.87, of which $7,897.34
is budgeted in FY 2005-2006. The term of the supply agreement
will be for twelve months with an option to extend for up to two
additional twelve-month periods, subject to the approval of the
supplier and the City Manager or his designee. Funds have been
budgeted by the using departments in FY 2005-2006 and
requested for FY 2006-2007. (Attachment # 5)
6.a. Resolution authorizing the City Manager or his designee to accept
a grant from the Coastal Bend Regional Advisory Council in the
amount of $5,164.44 to be used for the purchase of equipment,
supplies, and services to support the delivery of emergency
medical services for the Corpus Christi Fire Department.
(Attachment # 6)
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Regular Council Meeting
July 11 , 2006
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6b. Ordinance appropriating $5,164.44 from the Coastal Bend
Regional Advisory Council into the NO.1 056 Ambulance Fund to
purchase equipment, supplies, and services to support the
delivery of emergency medical services for the Corpus Christi Fire
Department. (Attachment # 6)
7 Ordinance appropriating $23,301.25 from the sale of seized
vehicles in the NO.1 061-821 005 Fund for purchase of equipment
and training of officers. (Attachment # 7)
8 Ordinance appropriating $9,053 from the Unreserved Fund
Balance in the No. 5611 Liability/Employee Benefits-Liability
Fund. $10,890 from the Unreserved Fund Balance in the No.
5612 Liability/Employee Benefits-Workers Compensation Fund,
$3,293 from the Unreserved Fund Balance in the No. 5613
Liability/Employee Benefits-Administration Fund: and transferring
to the No. 4710 Visitors Facilities Fund to reimburse the Visitors
Facilities Fund; amending FY 2005-2006 annual budget adopted
by Ordinance No. 026385 by increasing appropriations and
revenues by $23,236. (Attachment # 8)
9.a. Motion authorizing the City Manager or his designee to execute
a construction contract with Nuway International of Corpus
Christi, Texas, in the amount of $1,378,948.58 for the Base Bid
and Additive Alternate NO.1 forthe Northwest Library Expansion.
(BOND ISSUE 2004) (Attachment # 9)
9.b. Motion authorizing the City Manager or his designee to execute
Amendment No. 2 to the contract for professional services with
Solka Nava Torno Architects of Corpus Christi, Texas, in the
amount of $61,840 for a total restated fee of $270,005 for the
Northwest Library Expansion. (Attachment # 9)
10. Motion authorizing the City Manager or his designee to execute
a construction contract with Sechrist-Hall Company, of Corpus
Christi, Texas in the amount of $115,035 for the Utilities Building
Re-Roof Project 2006. (Attachment # 10)
11 Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with
HDR Engineering, Inc., (Shiner, Moseley & Associates Inc.) of
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Regutar Council Meeting
July 11, 2006
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Corpus Christi, Texas in the amount of $162,344 for a total re-
stated fee of $445,044 for the Corpus Christi Ship Channel Utility
Crossing. (Attachment # 11)
12. Motion authorizing the City Manager or his designee to execute
an engineering services contract with Kleinfelder, of Corpus
Christi, Texas in the amount of $27,250 for preparation of the
Texas Commission on Environmental Quality Multi-Sector
General Permit Reapplication and Storm Water Pollution Plan
Review/Modification (Attachment # 12)
13.a. Ordinance appropriating $188,531 from interest earnings of the
Public Health and Safety 2004 CIP Fund No. 3359 for the J.C.
Elliott Landfill Permit Modification application; amending the FY
2004-2005 Capital Improvement Budget adopted by Ordinance
No 026188 by Increasing appropriations by $188,531.
(Attachment # 13)
13 b. Motion authorizing the City Manager or his designee to execute
Amendment No. 15 with Shiner, Moseley & Associates, Inc. in the
amount of $370, 170 for Engineering Services associated with an
amendment application of the J. C. Elliott Landfill Texas
Commission of Environmental Quality Permit to increase final
contours and disposal capacity. (Attachment # 13)
14.a. Motion authorizing the City Manager or his designee to execute
a contract with Corpus Christi Disposal Services, Inc. of Corpus
Christi, Texas guaranteeing the delivery of specific tonnage of
acceptable waste collected within the boundaries of the Coastal
Bend Council of Governments, to the City's Cefe Valenzuela
Municipal Landfill for a period of twenty years. (Attachment # 14)
14.b. Motion authorizing the City Manager or his designee to execute
a contract with Dawson Recycling, Inc., of Gregory, Texas
guaranteeing the delivery of specific tonnage of acceptable waste
collected within the boundaries of the Coastal Bend Council of
Governments, to the City's Cefe Valenzuela Municipal Landfill for
a period of twenty years. (Attachment # 14)
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July 11 , 2006
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14.c. Motion authorizing the City Manager or his designee to execute
a contract with Captain Hook, Inc., of Corpus Christi, Texas
guaranteeing the delivery of specific tonnage of acceptable waste
collected within the boundaries of the Coastal Bend Council of
Governments, to the City's Cefe Valenzuela Municipal Landfill for
a period of twenty years. (Attachment # 14)
15 Motion authorizing the City Manager or his designee to authorize
payment of Invoices 864160 and 864300 for twelve months
software maintenance with Sungard HTE, Inc., of Lake Mary,
Florida in an amount not to exceed $114,712. Included in the
maintenance agreement are the HTE modules for Utilities
Business Office, Central Cashiering, Accounts Receivable,
Collections, Development Services, Housing and Community
Development and Click 2 Government. (Attachment # 15)
16. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with Nueces
County, Texas for City of Corpus Christi, Texas, to provide
lifeguard services on Nueces County Gulf Beaches in Newport
Pass and Padre Balli Parks owned by County. (Attachment # 16)
17a. Motion approving the Sanitary Sewer Construction and
Reimbursement Agreement submitted by JJAR Development,
LLP, owner and developer of Legends of Diamante Unit 1 located
east of Rodd Field Road and north of Slough Road for the
installation of 2,660-linear feet of an 18-inch PVC sanitary sewer
collection line (Attachment # 17)
17. b. Ordinance appropriating $160,776 from the Sanitary Sewer
Collection Line Trust Fund No. 250420-4220 to pay JJAR
Development, LLP, for the installation of 2,660-linear feet of an
18-inch PVC sanitary sewer collection line as specified in the
Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement to develop Legends of Diamante
Unit. 1 (Attachment # 17)
18.a. Motion approving the Arterial Transmission and Grid Main
Construction and Reimbursement Agreement submitted by JJAR
Development, LLP, owner and developer of Legends of Diamante
Unit 1 located east of Rodd Field Road and north of Slough Road
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Regular Council Meeting
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for the installation of 2,360-linear feet of 12-inch PVC water grid
main, (Attachment # 18)
18.b. Ordinance appropriating $108,452.88 from the Arterial
Transmission and Grid Main Trust Fund No. 209010-4030 to pay
the JJAR Development, LLP reimbursement request for the
installation of 2,360-linear feet of 12-inch PVC grid main to
develop Legends of Diamante Unit 1. (Attachment # 18)
19.a. Second Reading Ordinance - Abandoning and vacating a parcel
of unimproved street right-of-way containing 2,456-square feet
out of the Plat of Brighton Village Unit 4 Subdivision, Nueces
County, Texas, and located on Stone Henge Street east of
Sterling Drive, in connection with the Realignment of Stone
Henge Street. (First Reading 06/27/06) (Attachment # 19)
19,b. Second Reading Ordinance - Declaring as surplus property a
parcel of land containing 2,456-square feet out of the Plat of
Brighton Village Unit 4 Subdivision, Nueces County, Texas, and
located on Stone Henge Street east of Sterling Drive, in
connection with the Realignment of Stone Henge Street. (First
Reading 06/27/06) (Attachment # 19)
19.c. Second Reading Ordinance - Approving the conveyance of a
parcel of surplus property containing 2,456-square feet remaining
from the Realignment of Stone Henge Street, to the adjacent
property owners, Jesse and Celina Buentello, in exchange for
their perpetual maintenance of the property, and authorizing the
City Manager or his designee to execute a quitclaim deed for the
property. (First Reading 06/27/06) (Attachment # 19)
20.a. Second Reading Ordinance - Abandoning and vacating a parcel
of unimproved street right-of-way containing 822-square feet out
ofthe Plat of Brighton Village Unit 4 Subdivision, Nueces County,
Texas, and located on Stone Henge Street at Derby Drive, in
connection with the Realignment of Stone Henge Street. (First
Reading 06/27/06) (Attachment # 20)
20.b. Second Reading Ordinance - Declaring as surplus property a
parcel of land containing 822-square feet out of the Plat of
Brighton Village Unit 4 Subdivision, Nueces County, Texas, and
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Regular Council Meeting
July 11, 2006
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located on Stone Henge Street at Derby Drive, in connection with
the Realignment of Stone Henge Street. (First Reading 06/27/06)
(Attachment # 20)
20.c. Second Reading Ordinance - Approving the conveyance ot a
parcel of surplus property containing 822-square teet remaining
from the Realignment of Stone Henge Street, to the adjacent
property owner, Eduardo Perez, in exchange for his perpetual
maintenance ot the property, and authorizing the City Manager or
his designee to execute a quitclaim deed for the property. (First
Reading 06/27/06) (Attachment # 20)
21 Second Reading Ordinance - Abandoning and vacating a 22,692-
square foot portion of an unsurfaced, 40-foot wide dedicated
public right-of-way (Yorktown Boulevard Extension), out of Lots
9 and 24, Section 52, Flour Bluff and Encinal Farm and Garden
Tracts, located east ot Laguna Shores Road, between the
Laguna Shores Road right-ot-way and the Laguna Madre; subject
to owner's compliance with the specified conditions. (First
Reading 06/27/06) (Attachment # 21)
22.a. Second Reading Ordinance - Declaring eighteen City-owned
properties (listed in Exhibit C) as surplus property, which include
one developed residential property located at 3705 Topeka Street
and seventeen vacant tracts of land, nine ot which are irregular
in shape and not suitable for building. (First Reading 06/27/06)
(Attachment # 22)
22,b. Second Reading Ordinance - Authorizing the sale of eighteen
surplus properties (listed in Exhibit C) consisting of one residential
property located at 3705 Topeka Street, and eight developable
tracts which will be sold individually to the public by sealed bid,
and nine irregularly-shaped properties which will be sold to the
adjacent landowners in exchange fortheir perpetual maintenance
and care of the property; and authorizing the City Manager or his
designee to execute the necessary deeds for all eighteen surplus
properties to be sold and conveyed. (First Reading 06/27/06)
(Attachment # 22)
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Regular Council Meeting
July 11, 2006
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I. PUBLIC HEARINGS:
ZONING CASES:
23. Case No. 0506-09. Buchalter Real Estate. LLC: A change of
zoning from a "R-1 B" One-family Dwelling District to a "B-1"
Neighborhood Business District, being 1.00 acre out of Paisley's
Subdivision, located 150 feet from the northeast intersection of
Sycamore Place and Greenwood Drive. (Attachment # 23)
Planning Commission and Staffs Recommendation: Denial of
the "B-1" Neighborhood Business District and in lieu thereof,
approval of a "B-1 A" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Buchalter
Real Estate, LLC, by changing the zoning map in reference to
one acre out of Paisley's Subdivision, from "R-1 B" One-family
Dwelling District to "B-1A" Neighborhood Business District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan; providing a penalty.
PUBLIC HEARING ON PROPOSED BUDGET:
24 Proposed FY 2006-2007 Operating Budget. (Attachment # 24)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
25. Corpus Christi Regional Economic Development Corporation
Quarterly Presentation (Attachment # 25)
K.
REGULAR AGENDA
CONflDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
26. Motion confirming the City Manager's appointment of Bryan P.
Smith as Police Chief. (Attachment # 26)
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July 11 , 2006
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27 Resolution expressing official intent to reimburse $12,000,000 in
costs with respect to the construction of improvements to the
City's Utility System, (Attachment # 27)
28. Motion authorizing the City Manager or his designee to execute
a five-year Consulting Services Agreement with the Corpus
Christi Convention and Visitors' Bureau (CVB) for the purpose of
promoting convention and visitor activity. (Attachment # 28)
29 Resolution amending Resolution No. 026216 adopted on April 12,
2005, to authorize the City Manager to accept applications to the
Sanitary Sewer Trunk System Trust Fund and to develop a new
program for funding of Sanitary Sewer Trunk Fund System and
other Infrastructure Systems. (Attachment # 29)
30. Second Reading Ordinance - Changing the name of Winnebago
Street to Uptown Avenue between Carancahua Street and Upper
Broadway. (First Reading 06/13/06) (Tabled 06/27/06)
(Attachment # 30)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete
ingles-espanol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
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Regular Council Meeting
July 11, 2006
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M. EXECUTIVE SESSION:
PUBLIC NOTICE IS given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act. Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
31 CITY MANAGER'S REPORT
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Upcoming Items
32 MAYOR'S UPDATE
33, COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at _ ;l~
Armando Chapa
City Secretary
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Regular Council Meeting
July 11,2006
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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
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agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
June 27, 2006 - 10:00 a.m.
PRESENT
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 Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor John Elford of S1. John's United Methodist
Church and the PledgeJf Allegiance to the United States flag was led by Council Member
Kinnison
Mayor Garrett called for approval of the minutes of the regular Council meeting of June
6, 2006 and June 13, 2006 A motion was made, seconded, and passed to approve the
minutes as presented
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Mayor Garrett deviated from the agenda and referred to Item 33, a presentation on plans
for the 4tc of July - Big Bang Celebration. Assistant to the Mayor Diana Z. Garza briefly
described the major events scheduled for the celebration. First, she said at 7:00 a.m., the
Corpus Christi Roadrunners would hold their ''4 for the 4th" four-mile run. At 10:00 a.m., an
Independence Day Patnotic Ceremony would be held. She introduced Mr. Juan Saenz,
chairman of the Mayor's Committee on Veterans Affairs, who invited the Council to attend the
ceremony at Sherrill Park
Ms Garza introduced Ms Vicki Lewis with the Buccaneer Commission, who described
the plans for the parade and fireworks. Ms. Lewis reported that the Buccaraders would stage
the parade at the Memorial Coliseum north parking at 6:00 p.m. The route would proceed north
onto southbound Shoreline to Coopers Alley to the water side of Shoreline to Palo Alto, and
then disperse She said anyone who was still interested in participating should submit their form
to the Bue Commission bv this Friday
Ms LewIs also spoke on behalf of Ms. Shelley Parks with H-E-B regarding the Big Bang
Fireworks ceremony, which H-E-B has sponsored for 20 years. She said this year's fireworks
would be shot over the l S.S Lexington rather than from a barge in the marina. She thanked
the Harbormaster. the US. Coast Guard, the U.S.S Lexington, the Port of Corpus Christi, and
the Fire Marshall for making this possible The ceremony would begin at 9:30 p.m. and would
be simulcast by Hot Z-95
Minutes - Regular Counci Meeting
June 27 2006 - Page 2
Ms, Garza Introduced Ms. Pat Eldridge, vice-president of the Bayfest Board of Directors,
to discuss the vendors for the event Ms. Eldridge, accompanied by the Bayfest mascot
'Beeker", stated that they "vould be selling turkey legs and soft drinks courtesy of H-E-B.
n conclusion, Ms Garza thanKed Ms. Sandra Alvarez and AT&T for sponsoring the
event t-shlrts. She also thanked the Buc Commission, the CVB, the RTA, and the City of
Corpus Christi's Traffic Engineering, Police, Parks and Recreation, Marina, Solid Waste and
Streets Fire (EMS'I and the Public Information Office departments for their assistance.
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Mayor Garrett referred to Item 2 and the following board appointments were made:
Corpus Christi Diqital Community Development Corporation
Bud Harris (Reappointed)
Henry Garrett (Reappointed)
Louis Garza (Reappointed)
Roland Mower (Reappointed)
John D Fernandez (AppOinted)
Sylvia Whitmore (Appointed)
Port of Corpus Christi Authority
Ruben Bonilla (Reappointed)
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Mayor Garrett called for conSideration of the consent agenda (Items 3 - 19). City
Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion
on Items 14 and 18. There were no comments from the public. Council members requested
that Items 10 11, 12. and 14 be pulled for individual consideration. A motion was made,
seconded and passed to approve Items 3 through 19, constituting the consent agenda, except
for Items 10, 11, 12, ana 14. which were pulled for individual consideration. City Secretary
Chapa pOlled the Council for their Jotes as follows:
3. MOTION NO. 2006-178
Motion approving a service agreement with OneSource Facility Services, Inc., of Corpus
Chnsti, Texas for custodial service for the Frost Building in accordance with Bid
Invitation No. BI-O 130-06 based on best value for an estimated annual expenditure of
$75,540 of which $12,590 ,s budgeted for FY2005-2006. The term of the contract will be
for twelve months vVith an option to extend for up to two additional twelve-month periods,
subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted by Building Maintenance In FY2005-2006 and requested for
f='V2006-2007
The foregOing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia, Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular CounCl Meeting
June 27 2006 - Page 3
4 MOTION NO. 2006-179
Motion approving the purchase of twenty-six (26) light bars and sirens from Fleet Safety
Equipment, of Houston, Texas In accordance with Bid Invitation No. BI-0157-06 based
on low total bid for a total amount of $57,720 The equipment is to be used by the Police
Department on marked police patrol sedans. Funds are available in the Police Law
Enforcement Trust Fund and the Police Department Justice Assistance Grant.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia. Kelly Kinnison, Marez. Noyola, and Scott, voting "Aye".
5. MOTION NO. 2006-180
Motion approving a supply agreement with B&G Chemicals & Equipment Co., Inc., of
Houston, Texas for mosquito insecticide for a total estimated semi-annual expenditure of
$49,893.80 of which $16,631.26 is for FY 2005-2006. The term of the supply agreement
wi!; be for SIX months with an option to extend for up to five additional six-month periods,
subject to the approval of the supplier and the City Manager or his designee. The
nsecticide will be ,Jsed by the Vector Control Division of the Health Department. Funds
have been budgeted by Storm Water in FY 2005-2006 and requested for FY 2006-2007.
rhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia. Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye".
6 MOTION NO. 2006-181
Motion approving a supply agreement With Oil Patch Petroleum, Inc., of Corpus Christi,
Texas for Reformulated Gasoline and Low Emission Diesel fuel in accordance with Bid
invitation No. BI-0163-06 based on low bid for an estimated expenditure of
$1 322,20173 of which $220.366.95 is budgeted for FY 2005-2006. The term of the
supply agreement is for six months, with an option to extend for up to five additional six-
month periods subject to the approval of the supplier and the City Manager or his
deSignee. Funds have been budgeted by Maintenance Services in FY 2005-2006 and
wil be requested hr FY 2006-2007.
The foregOing motion was passed and approved with the following vote: Garrett,
Chesney Cooper Garcia, Kelly Kinnison Marez, Noyola, and Scott, voting "Aye".
7 MOTION NO. 2006-182
Motion approving a supply agreement with IDEXX Distribution, Inc., of Westbrook, Maine
for the laboratory testing reagent "Colilert" in accordance with Bid Invitation No. BI-0160-
06 based on only bid for an estimated annual expenditure of $37,317, of which,
$6.219.50 is budgeted for r=y 2005-2006. The term of the supply 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
nave been budgeted by the Health and Water Departments in FY 2005-2006 and
requested for FY 2006-2007
The foregOing motion was passed and approved with the following vote: Garrett,
Chesney Cooper Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 27,2006 - Page 4
8.a MOTION NO. 2006-183
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$99,326 from the Governor's Division of Emergency Management (GDEM) for funding
eligible from the Department of Homeland Security.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b ORDINANCE NO. 026832
Ordinance appropriating $99,326 from the Governor's Division of Emergency
Management n :he No. 1061 Police Grant Fund to purchase law enforcement
equipment for the Police Department.
An emergency was declared. and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott. voting "Aye"
g.a. RESOLUTION NO. 026833
Resolution authOrizing the City Manager or his designee to execute a Gift Agreement
with the Friends of Corpus Chnstl Public Libraries which provides the City with $55,000
for improvements to the Parkdale Branch Library.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye",
9,b ORDINANCE NO. 026834
Ordinance appropriating $257352.70 into the Library Capital Improvement Program
i=und No. 3210 for improvements to the Parkdale Branch Library from the following
sources: $187,458.57 from the William T Neyland Estate; $55,000 from the Friends of
Corpus Christi Public Libraries, and $14,894.13 from unappropriated interest earnings
trom the Library Capital Improvement Program Fund No. 3210 for Parkdale Library
mprovements; amending FY 2005-2006 Capital Budget adopted by Ordinance No.
026188 to Increase appropriations by $257,352.70
An emergency was declared and the foregoing ordinance was passed and approved
\Nlth the following vote: Garrett Chesney. Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott voting "Aye"
Minutes - Regular COuncl Meeting
June 27 2006 - Page 5
13. MOTION NO. 2006-187
Motion authorizing the City Manager or his designee to purchase Alvarion WiMAX
equipment in the amount of $94,076.79 from Science Applications International
Corporation (SAIC), of San Diego, California. SAIC is an approved Catalog Information
System Vendor With the Texas Building and Procurement Commission (TBPC). This
purchase will allow for the WiFi network backhaul where fiber optic cable is not available
yet
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
15. MOTION NO. 2006-189
Motion authorizing the City Manager to execute a Deferment Agreement with Southside
Ventures. L.P (Developer), in the amount of $248,019.09 for public improvements
including construction of water, wastewater. paving, and drainage improvements for
Foxwood Estates Phase I located south of Saratoga Boulevard and west of Everhart
Road, in accordance with the Platting Ordinance Section V-Required Improvements,
Subsection ..LI...3.(b contingent upon receipt of letter of credit compliant with City
requirements by June 30, 2006
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia, Kelly Kinnison. Marez. Noyola, and Scott, voting "Aye".
16. MOTION NO. 2006-190
Motion authorizing the City Manager to execute a Deferment Agreement with Souths ide
Ventures. L.P (Developer), in the amount of $305,119.38 for public improvements
including construction of water, wastewater, paving, and drainage improvements for
Foxwood Estates Phase III, located south of Saratoga Boulevard and west of Everhart
Road, In accordance with the Platting Ordinance Section V-Required Improvements,
Subsection A.3 (b',
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia, Kelly Kinnison Marez. Noyola, and Scott, voting "Aye".
17.a MOTION NO. 2006-191
Motion approving the Arterial Transmission and Grid Main Construction and
Reimbursement Agreement submitted by the London Independent School District, owner
and developer of Lot 1 London School Tracts, located on FM 43 approximately 8,000-
linear feet west of the intersection of SH 286 and FM 43 for the installation of 8,394-
linear feet of 16-inch C-905 PVC water arterial transmission main.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia, Kelly Kinnison. Marez. Noyola, and Scott, voting "Aye".
Minutes - Regular Counci Meeting
June 27, 2006 - Page 6
17,b ORDINANCE NO. 026835
Ordinance appropriating $903,019.06 from the Arterial Transmission and Grid Main
Trust Fund No. 209010-4030 to pay the London Independent School District
reimbursement request for the Installation of 8,394-linear feet of 16-inch C-905 PVC
water artenal transmission main to develop Lot 1, London School Tracts.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott. voting "Aye"
~8. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a long-term lease agreement,
five (5) years, with San Antonio MTA, L.P. d/b/a Verizon Wireless to construct, maintain,
and operate a sixty-foot (60') high monopole type tower for use in connection with
providing communications services at the Corpus Christi International Airport in
consideration of an annual rental fee and extended automatic rental terms being three
3 successive penods of fjve (5) years each.
The foregOing ordinance was passed and approved on its first reading with the following
Jote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained
19. ORDINANCE NO. 026836
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding
collection for unauthorized utility usage. (First Reading 06/13/06)
The foregoing ordinance was passed and approved on its second reading with the
following vote Garrett. Chesney Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye'
Mayor Garrett opened discussion on Item 10 regarding a contract for L1DAR and
Bathymetric Survey in the Nueces Delta for the U.S. Army Corps Nueces River Basin Feasibility
Study. Mr Scott asked if this contract would assist the city with its release program. Assistant
City Manager Ron Massey stated that the city would be paying part of the cost for this study,
noting that it counted toward the citys contribution for the Nueces Basin Feasibility Study. He
said the Coastal Bend Bays and Estuaries Program was also contributing toward the study
costs. The study would allow Dr Montagna with UTMSI to conduct a bathymetric survey and
develop a computer model of the estuary. He said the study hoped to show that when the city
activated the Rincon Channel, the path of the freshwater could be diverted to cover a larger
area of the estuary. In effect using less water more effectively.
Mr Scott asked how many years of data the city needed before they could ask the State
for aSSistance with their release program Mr. Massey replied that at least two or three years of
data would probably be necessary. Mr Scott expressed frustration that there always seemed to
be additional requests for data. City Manager Noe replied that this project was distinguished
from other projects because the city was working In conjunction with the Corps as part of a
larger project. Consequently, he said the city could gain more potential partners through this
initiative, assisting the city in funding the monitoring expense and building project support. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular COGncl Meeting
June 27 2006 - Page 7
10. MOTION NO. 2006-184
Motion authorizing the City Manager or his designee to enter into an agreement with the
Coastal Bend Bay and Estuary Program to perform a L1DAR and Bathymetric Survey in
the Nueces Delta, the worK to be used as in-kind services for the City's involvement in
the U S Army Corps Nueces River Basin Feasibility Study and authorizing payment of
$120,733
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia. Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 11 regarding the Marina Development Project
Phase III. Mr. Marez asked how many boats the city expected to attract through its upcoming
special events, such as Bayfest, Buccaneer Days, and the U.S. Open Windsurfing Regatta.
Parks and Recreation Director Sally Gavlik replied that many boaters were expected to attend
the events, and also added that Marina Superintendent Peter Davidson currently had a waiting
-ist of boaters anxIous to lease the new slips as soon as they were available. She said she
would proVide Mr. Marez with an estimated number of boaters for the special events as well the
number of boaters on the waiting 'ist for new slips City Secretary Chapa polled the Council for
their votes as follows
11. MOTION NO. 2006-185
Motion authorizing the City Manager or his designee to execute Change Order NO.2 to a
construction contract with CCC Group, Inc., of San Antonio, Texas in the amount of
$316,134 for the Corpus Christl Marina Development Project Phase III (Floating Docks
E. != G and H) for Additive Alternates NO.4 and 5
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 12 regarding a contract for the Cefe F.
Valenzuela Landfill Site Development Project. In reply to Mr. Marez's question, Assistant
Director of Engineering Services Kevin Stowers stated that the city would be mounting antennas
on the KEDT tower as well as a 110-foot pole tower at the airport. He said the wireless
communications tower was necessary to permit electronic and date communication with the city.
in addition. he said the tower would provide electronic communication and data redundancy for
Cefe Valenzuela Landfill and the airport He said the additional scale software will interface
billing data from the scales to the City financial system. City Secretary Chapa polled the
Council for their votes as follows
12. MOTION NO. 2006-186
Motion authorizing the City Manager or his designee to execute Change Order NO.8 for
the construction of an additional lift station, a wireless communications tower, and scale
software for finanCial interface with the City's software system in the amount of $280,353
with Longhorn Excavation, Inc, of Richmond Texas for the Cefe F. Valenzuela Landfill
Site Development Project.
The foregOing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia, Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Councl Meeting
June 27 2006 - Page 8
Mayor Garrett opened discussion on Item 14 regarding a contract with the Corpus Christi
Regional Economic Development Corporation (EDC) for airport business development services.
in response to Mr Garcia's question, Director of Aviation Dave Hamrick replied that the city
contracted with the EDC to provide non-aviation business development in December 2004. He
reportee that the partnership had been extremely successful: next month, he anticipated
bringing the Council a lease agreement that could positively impact airport revenues by
5365,000 a year He saic the lease agreement was a long-term agreement with a Fortune 500
Company for developing the business center at the airport entrance. In addition, he said staff
Nould bessulng an RFP for an airport hotel.
Mr Garcia asked 'or an update on the airport industrial park. Mr. Hamrick replied that
that Fortune 500 Company was interested in developing the entire 54 acres in the airport
'ndustrial park including a smorgasbord of development such as warehousing and distribution
centers He praised the EDC for their efforts in cementing the deal. City Secretary Chapa
polled the Council for their votes as follows
14. MOTION NO. 2006-188
Motion authorizing the City Manager or his designee to execute an agreement with the
Corpus Christi Regional Economic Development Corporation (CCREDC) in the amount
of $50.000 for Airport Business Development Services, effective July 1, 2006.
The foregOing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper Garcia Kelly Kinnison, Marez, and Scott, voting "Aye"; Noyola
abstained.
r . r * * * * ~ * * * * w
Mayor Garrett referred to Items 20 and 21, and a motion was made, seconded, and
passed to open the public hearings on the following street right-of-way closures:
20.a Public heanng to consider abandoning and vacating a parcel of unimproved street right-
of-way containing 2,456-square feet out of the Plat of Brighton Village Unit 4
Subdivision Nueces County, Texas, and located on Stone Henge Street east of Sterling
Dnve, In connection with the Realignment of Stone Henge Street.
21.a. PubliC hearing to consider abandoning and vacating a parcel of unimproved street right-
of-way containing 822-square feet out of the Plat of Brighton Village Unit 4 Subdivision,
Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in
connection with the Realignment of Stone Henge Street.
City Engineer Angel Escobar explained that Stone Henge Street, located in Brighton
Village Unit 4, was realigned to match up with Boardwalk Avenue, located in the new Boardwalk
Unit 2 Subdivision As a result, he said that excess street right-of-way developed along the
south Side of two properties located between Sterling Drive and Derby Drive. He reported that
the affected property owners had requested that the City convey this excess land to them. He
said city staff recommended conveying the two parcels in exchange for the property owner's
perpetual care and maintenance of the said properties. He noted that the entire area conveyed
will be retained as a Utility Easement to accommodate existing facilities.
No one spoke against the proposed street right-of-way closures. Mr. Kinnison made a
motion to close the public hearings, seconded by Mr Scott, and passed. City Secretary Chapa
Minutes - Regular Counc:! Meeting
June 27, 2006 - Page 9
polled the Council for thel votes as follows:
20.b FIRST READING ORDINANCE
Abandoning and vacating a parcel of unimproved street right-of-way containing 2,456-
square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas,
and located on Stone Henge Street east of Sterling Drive, in connection with the
Realignment of Stone Henge Street.
The foregoing ordinance was passed and approved on its first reading with the following
\/ote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
JOtlng "Aye"
20.c FIRST READING ORDINANCE
Declanng as surplus property a parcel of land containing 2,456-square feet out of the
Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone
rlenge Street east of Sterlmg Dnve, in connection with the Realignment of Stone Henge
Street
The foregoing ordinance was passed and approved on its first reading with the following
\late: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye'
20.d. FIRST READING ORDINANCE
Approving the conveyance of a parcel of surplus property containing 2,456-square feet
remaining from the Realignment of Stone Henge Street, to the adjacent property owners,
Jesse and Celina Buentello, in exchange for their perpetual maintenance of the property,
and authorizing the City Manager or his designee to execute a quitclaim deed for the
oroperty
The foregOing ordinance was passed and approved on its first reading with the following
\lote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
Joting "Aye'
21.b FIRST READING ORDINANCE
Abandoning and vacating a parcel of unimproved street right-of-way containing 822-
square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas,
and located on Stone Henge Street at Derby Drive, in connection with the Realignment
of Stone Henge Street
The foregOing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye'
Minutes - Regular Councl Meeting
June 27 2006 - Page 10
21.c FIRST READING ORDINANCE
Declaring as surplus property a parcel of land containing 822-square feet out of the Plat
of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone
Henge Street at Derby Drive, in connection with the Realignment of Stone Henge Street.
The foregoing ordinance was passed and approved on its first reading with the following
vote Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
\loting "Aye"
21.d FIRST READING ORDINANCE
Approving the conveyance of a parcel of surplus property containing 822-square feet
remaining from the Realignment of Stone Henge Street, to the adjacent property owner,
Eduardo Perez, I'l exchange for his perpetual maintenance of the property, and
authorizing the Cty Manager or his designee to execute a quitclaim deed for the
property
The foregoing ordinance was passed and approved on its first reading with the following
vote Garrett, Chesney. Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott,
voting "Aye"
Mayor Garrett referred to Item 22, and a motion was made, seconded, and passed to
open the public hearing on the following street right-of-way closure:
22.a Puolic hearing to consider abandoning and vacating a 22,692-square foot portion of an
unsurfaced, 40-foot wide dedicated public right-of-way (Yorktown Boulevard Extension),
out of Lots 9 and 24, Section 52. Flour Bluff and Encinal Farm and Garden Tracts, east
of Laguna Shores qoad, between the Laguna Shores Road right-of-way and the Laguna
Madre
Acting Director of Development Services Michael Gunning stated that staff and the
developer were requesting the abandonment and vacation of a portion of Yorktown Boulevard
that would connect with Laguna Shores Road. He said the abandonment of the right-of-way
would facilitate the Laguna Shores Resort and Marina development.
Mr Gunning added that a portion of the right-of-way was located in an existing drainage
way. He said the property owner had agreed to expand the drainage easement to 104 feet
wide In addition, he said the owner would be required to allow public pedestrian access to the
Laguna Madre waterway on the south side of the plat
No one spoke In opposition to the street right-of-way closure. Mr. Scott made a motion
to close the public hearing, seconded by Mr Chesney. and passed. City Secretary Chapa
polled the Council for their votes as follows:
Minutes - Regular Counc Meeting
June 27, 2006 - Page 11
22.b. FIRST READING ORDINANCE
Abandoning and vacating a 22,692-square foot portion of an unsurfaced, 40-foot wide
dedicated public right-of-way (Yorktown Boulevard Extension), out of Lots 9 and 24,
Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located east of Laguna
Shores Road, between the Laguna Shores Road right-of-way and the Laguna Madre;
subject to owner's compliance with the specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
Jote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
Joting "Aye"
Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to
open the public hearing on the following proposed Platting Ordinance amendment:
23.a. Public hearing to consider amending the Section III. H. 5 of the Platting Ordinance to
provide that completion of water and/or wastewater improvements shall comply with the
more stringent development standards required by the City of Corpus Christi or the entity
providing water and/or wastewater service prior to endorsement of the plat by the
Development Ser./lces Engineer; providing a severability clause; providing a repealer
clause and providing for an effective date
Acting Director of Development Services Michael Gunning explained that the Planning
CommiSSion was recommending the proposed Platting Ordinance amendment to appease
outside suppliers providing water and wastewater services within the city's ET J, particularly the
Nueces County Water Improvement Districts Nos. 3 and 4 on the island. Basically, he
explained that the amendment would comply with the more stringent development standards of
an entity providing water and wastewater (i.e. improvement district) if other than the City before
the final plat was endorsed. Mr Gunning stated that the city required that 75 percent of the
infrastructure needed to be installed before the plat was recorded. By contrast, he said Nueces
County Water Improvement District Nos 3 and 4 (Mustang Island and Port Aransas) required
100 percent completion of the infrastructure Mr Gunning stated that therefore, staff was
recommending the ame'ldment to reflect the water improvement districts' more stringent
requirements
No one spoke In opposition to the proposed Platting Ordinance amendment. Mr. Kelly
made a motion to close the public hearing, seconded by Ms Cooper, and passed.
n response to Mr Garcia's question, Mr. Gunning replied that the city had entered into
Interlocal Agreements with both Nueces and Kleberg Counties to administer the city's platting
regulations in its ET J He said the agreements contained requirements similar to today's
proposed amendments; however these agreements did not cover the Nueces County Water
Improvement Districts service areas. He said potential projects in these service areas would be
iocated on Mustang Island within the city limits City Manager Noe added that as the city grew,
the proviSion would apply to any outSide (non-city) providers of water and wastewater services
,n new growth areas
Mr Scott asked why the city set a 75 percent standard for infrastructure development.
Mr. Gunning replied that the rule had been in place since 1973 to ensure that a developer had
essentially completed the necessary infrastructure serving a potential subdivision before the plat
was recorded He said the development community considered the 75 percent level a fair
benchmark Mr Scott agreed that the 75 percent rule seemed to be a good concept. Mr. Noe
Minutes _. Reguiar Counc:i Meeting
June 27, 2006 - Page 12
agreed but said the water districts asked the city to Initiate this change because they wanted to
see a 100 percent level on their projects City Manager Noe added that the area in question
was only a small portion of the city limits
Mr Scott stated that he did not understand why the city was making it harder for
developers to build In Corpus Christi. Mr. Gunning replied that he supported the recommended
change because he did rot feel the amendment would significantly impact the developers. He
said the majority of the plats approved at 75 percent included 100 percent of the necessary
water and sewer improvements. He noted that Ms Mary Moss with the Nueces County Water
Improvement Distnct No 4 and an engineer had raised the issue with staff.
City Manager Noe suggested that if the Council had concerns about the proposed
amendment, they could table the item today and invite the representatives from the water
districts to discuss their:::oncerns Mr Garcia and Mr. Scott spoke in support of Mr. Noe's
suggestion
Mr Kelly asked how many water districts had more stringent requirements. Mr. Gunning
replied that the proposed amendment would affect any water improvement districts or other
services providers wherever they may occur. At this time, Mr. Gunning said there were three
existing entities he was aware of. but not all three had more stringent requirements.
Mayor Garrett suggested that the Council pass the ordinance on first reading, and then
ask the water district representatives to discuss their concerns during the second reading,
scheduled for the second Council meeting in July The Council concurred with the Mayor's
suggestion City Manager Noe stated that he would schedule the second reading when the
water distnct representatives could attend. City Secretary Chapa polled the Council for their
votes as follows
23. FIRST READING ORDINANCE
Amending the Section III. H. 5 of the Platting Ordinance to provide that completion of
water and/or wastewater Improvements shall comply with the more stringent
development standards required by the City of Corpus Christi or the entity providing
water and/or wastewater service prior to endorsement of the plat by the Development
Services Engineer; providing a severability clause; providing a repealer clause; and
providing for an effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, and Noyola, voting
"Aye" Scott voting "No"
~ ~. ~ * * * ~ ~ * ~ * ~ *
Mayor Garrett referred to Item 24, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0506-04, HEB Grocery Company, LP: A change of zoning from a "R-1 B/SP"
One-family Dwelling District with Special Permit to a "B-4" General Business District on
Alameda Estates, Block 2, Lots 7C, 70, 7E, 7F and a portion of Lot 3, located 167 feet
east of Delano Lane and Robert Drive intersection.
.... ,,'-'"
Minutes Regular Council Meeting
June 27. 2006 -- Page 12
City Secretary Chapa stated that the Planning Commission and staff recommended the
denial of the "B-4" General Business District and in lieu thereof, approval of a revised Special
Permit for a parking 10' and the drive-thru pharmacy subject to a site plan and five (5)
conditions
No one spoKe In upposition to the zoning change. Mr. Kinnison made a motion to close
the public hearing seconded by Mr Scott, and passed City Secretary Chapa pOlled the
CounCl! for their votes as follows
24 ORDINANCE NO 026837
Amending the Zoning Ordinance, upon application by HEB Grocery Company, LP, by
changing the zoning map in reference to Alameda Estates, Block 2, Lots 7C, 70, 7E, 7F
and a portion of LOt 3, (currently zoned "R-1 B/SP" One-family Dwelling District with a
Special Permit) by granting a Special Permit for 91 parking spaces and a drive-through
pharmacy, subject to a site plan and five (5) conditions; amending the Comprehensive
Plan to account for any deviations from the eXisting Comprehensive Plan; providing a
penalty
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott voting "Aye'
Mayor Garrett referred to Item 25, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case
Case No. 0506-06, Louis R. and Lucy Nell Evans: A change of zoning from a "R-1 B"
One-family Dwelling District to an "1-2" Light Industrial District, being a 3.271 acre tract
out of Lot 1. Block 1 Brezina Farm Tracts located at the southwest intersection of
Bratton Road and Brezina Road and west of Weber Road (W.O.W.).
City Secretary Chapa stated that the Planning Commission and staff recommended the
approval of the "1-2" light Industrial Distnct.
No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Mr. Kinnison, and passed.
Mr Noyola askec what the developer's plans were for the property. Acting Assistant
Director of Development Services Faryce Goode-Macon replied that the developer was
undecided at this time, :)ut was considering warehousing, manufacturing, or other industrial
uses. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Councl Meeting
June 27 2006 - Page 14
25. ORDINANCE NO. 026838
Amending the Zoning Ordinance, upon application by Louis and Lucy Evans, by
changing the zoning map in reference to Brezina Farm Tracts, being a 3.271 acre tract
out of Lot 1, Block 1 from "R-1 B" One-family Dwelling District to "1-2" Light Industrial
District. amending the Comprehensive Plan to account for any deviations from the
eXisting Comprehensive Plan; providing a penalty.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott, voting "Aye"
Mayor Garrett referred to item 26, and a motion was made, seconded, and passed to
open the public hearing or the following zoning case
Case No. 0506-07, DHS Enterprises: A change of zoning from a "B-4" General
Business District to an "1-2" Light Industrial District at River Square Unit 1, Lot 2, Block 3,
ocated along the 10rtheast intersection of Interstate 37 access road and Turtle Creek
Boulevard
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Kelly, and passed City Secretary Chapa polled the
Council for their votes as follows:
26. ORDINANCE NO. 026839
Amending the Zoning Ordinance, upon application by DHS Enterprises, by changing the
zoning map In reference to River Square Unit 1, Lot 2, Block 3, (currently zoned "B-4"
General Business District) by granting a Special Permit, subject to a site plan and ten
1 0) conditions; amending the Comprehensive Plan to account for any deviations from
-he existing Comprehensive Plan. providing a penalty.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott, voting "Aye"
Mayor Garrett referred to Item 27, and a motion was made, seconded, and passed to
open the public heanng or the following zoning case
Case No. 0506-05, Mariano Fernandez: A change of zoning from a "R-1 B" One-family
Dwelling District to a "B-1" Neighborhood Business District at Koolside Addition south
20-foot of Lot 24 and north 30-foot of Lot 25 Block 1, located 500 feet north of McArdle
Road and east side of Dorothy Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended the
denial of the "B-1" Neighborhood Business District. He noted that the ordinance presented for
Council consideration reflected the applicant's request.
Acting Assistant Director of Development Services Faryce Goode-Macon reported that
the applicant, Mr. Mariano Fernandez. was requesting the zoning change to provide 11
additional parking spaces for the adjoining Taqueria Acapulco Restaurant. She said the
restaurant was located near the intersection of Airline and McArdle Roads; the owner proposed
Minutes - Regular Council Meeting
June 27, 2006 - Page 15
expanding the parking IDt along Dorothy Street, a residential area. She said there were
currently three houses to the south of the proposed parking lot on Dorothy Street. Ms. Macon
stated that the developer proposed to place the parking lot in a mid-block range, which
constituted an intrusion of commercial use into the neighborhood. Ms. Macon stated that the
subject property containe(] a single-family residence
in conclusion, Ms. Macon stated that the future land use for the area supported
residential uses thus. staff recommended denial of the "B-1" district and retention of the "R-1 B"
district
Mayor Garrett called for public comment. Mr. Jack Colmenero, representing Mr.
Fernandez. displayed a diagram showing the proposed parking lot. He said the applicant
proposed to landscape the first 30 feet along Dorothy Drive. A standard screening fence was
proposed to separate the landscape area from the parking area. She said the fence would also
be placec along the side setbacks. At the property line, he said they proposed erecting a
wrought Iron fence He said Mr. Fernandez planned to close the area at 10:00 a.m. to prevent
any vehicles from parking In the lot and the lot would be well lit.
Mr Phil Rosenstein, 949 Bobalo, spoke in support of the proposed parking lot. He said
he patronized the restaurant, and often had to park across Airline Road and then cross the busy
street, which was dangerous.
Mr Garcia made a motion to close the public hearing, seconded by Mr. Scott, and
pas see
Mr Noyola stated that at first, ne understood that the proposed parking lot would have
an exit on Dorothy Street, which was not the case. Therefore, he spoke in support of the
proposed parking lot. He expressed concern, however, that the notices had only been sent to
property owners in the notification area. Ms. Macon stated that approximately half of the
properties In the notification area were rental properties, but renters did not have a say in the
zoning Issues per ordinance
Mr Gunning described the history of the commercial development at the McArdle and
Airline Roads intersectior He said staff wanted to consider a long-term plan for this area to
create viable, neighborhood commercial uses on Airline Road that could meet performance
standards on Dorothy Street. He said staff wished to minimize the impact of commercial uses
on the Dorothy Street neighborhoods by retaining lots that would be compatible with the homes
across the street He said the residences on Dorothy Street were marginal at best, and the
neighborhood needed helo.
Mr Scott recalled a number of zoning cases throughout the last five or six years that the
Council had denied to protect the neighborhoods behind Airline Road. Mr. Scott stated that
approving this request would set a bad precedent Mr. Scott also noted that the Planning
CommiSSion had denied the zoning change. Mr. Gunning replied affirmatively, stating that a
majority of the Council plus one would be required to pass the ordinance.
Mr Marez stated tnat the parking for this restaurant was problematic. He acknowledged
that Mr. Colmenero and Mr. Fernandez had made a number of concessions to the
neighborhood to address their concerns. He expressed concern about individuals parking
across Airline Road and then crossing the street to the restaurant. Mr. Marez asked if the
applicant had considered acquiring a property south of the restaurant, toward Catfish Charlie's.
Mr. Colmenero replied that Mr Fernandez was attempting to acquire the first home on the south
Minutes Regular Counci Meeting
June 27, 2006 - Page 16
side. Mr Marez stated that he hated to stifle a growing business, but he found the proposed
solution difficult to accept
Mr Garcia stated that if the Council were to approve the zoning change, then could they
require that the lot be closed earlier than 10:00 p.m and that the property owner maintain the
green space. Mr Gunning repliec that a Special Permit could add these types of conditions, but
he said staff was not recommending a Special Permit. He said staff had received and rejected
other requests from businesses on McArdle Road wishing to expand onto Dorothy Street. He
said that allowing an exception would set a bad precedent, opening the door to encroachment
Issues on Weber. Everhart and other roads.
Mr. Kelly asked if the city' had increased its enforcement efforts on Special Permits since he
served on the Planning Commission In the 1990s. Mr. Gunning replied affirmatively, saying that
the Code Enforcement inspectors In the Neighborhood Services department were able to
pursue zoning violations. He said staff was in the process of validating all the Special Permits
that had been approved and determine whether they were still active. He said staff found it
difficult to track Special permits, relying primarily on reports from residents to find violations. Mr.
Kelly stated that even when residents notified the city about violations, the city did not have the
teeth to enforce Special Permits.
Mr Kelly stated that If the city approved this request, It would destroy that block of
Dorothy Street. Subsequently, it would be difficult to Justify not allowing encroachment from
McArdle Road if the Council allowed it from Airline Road in this case. He spoke against the
zoning change because it could destroy the entire neighborhood
Mr Noyola stated that he had spoken in support of the zoning change, but after hearing
the discussion, he felt it was not right to divide the neighborhood. He spoke against allowing
businesses to encroach upon reSidential neighborhoods, such as in the recent Christus Spohn
zoning case. He said he was opposed to the zoning change.
Mr Kinnison made a motion to close the public hearing, seconded by Mr. Scott, and
passed City Secretary Chapa polled the Council for their votes as follows:
27. FAILED
Amending tho Zoning Ordln::mce, upon 3pplic3tion by M3ri3no Forn3ndoz, by ch3nging
the zoning m3p in reference to Koolside Addition South 20 feet of Lot 24 3nd north 30
feet of Lot 25 Block 1, from "R 1 B" One bmily D'I.'olling District to "B 1" Noighborhood
Business District; 3mending the Comprehensive PI3n to 3ccount for 3ny deviations from
tho oxisting Comprehonsive P13n; providing 3 pemlty.
The foregOing ordinance failed with the following vote. Garrett, Chesney, Cooper,
Garcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "No".
Mayor Garrett referred to Item 28, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case
!v1inutes - Regular Council Meeting
,June 27 2006 - Page 17
Case No. 0506-08, MG Buildinq Materials: A change of zoning from a "R-1 B" One-
family Dwelling District, "T-1A" Travel Trailer Park District (T-1A), ''1-1B'' Manufactured
Home Park District. and a "B-4' General Business District to an "1-2" Light Industrial
District In Joslin Tract, BloCK A, LOts 7 and 8, and 0.941 acres out of Lot 3, Section 28,
Fiour Bluff and Encmal Farm and Garden Tracts, located 2,120 feet from the northwest
!'~tersection elf EnniS Joslin Road and South Padre Island Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended
denial of the "1-2" light Industrial District and In lieu thereof, approval of a Special Permit
subject to a site plan and SiX (6) conditions
City Secretary Chapa also said that the ordinance needed to be amended to include
language specifying that a "B-4" General Business District with a Special Permit was being
recommended, Mr Garcia made a motion to amend the ordinance as noted by Mr. Chapa,
seconded by Mr Scott, and passec.
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,
Actmg Assistant Director of Development Services Faryce Goode-Macon noted that the
Special Permit needed to be amended to correct the hours of operation, which should read from
7:00 a.m. to 6:00 p,m, Mr Scott made a motion to amend the ordinance as recommended by
staff seconded by Mr, Kinnison, and passed. City Secretary Chapa polled the Council for their
'fotes on the ordinance as amended as follows:
28. ORDINANCE NO. 026840
Amending the Zoning Ordinance, upon application by MG Building Materials, Ltd., by
changing the zoning map in reference to Joslin Tract, Block A, Lots 7 and 8, and 0.941
acres out of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R-
IB One-family Dwelling District, "T-1A (T-1)" Travel Trailer Park District, "T-1b"
Manufactured Home Park District, and "B-4" General Business District to "B-4" General
Business District and granting a Special Permit for outside storage, subject to a Site
Plan and SIX conditions; amending the Comprehensive Plan to account for any
deViations from the existing Comprehensive plan; providing a penalty.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison,
Marez, Noyola, and Scott, voting ".Aye" ,
~ ~ ~ * * * . * * * * . .
Mayor Garrett opened discusSion on Item 29 regarding the Enforcing Underage Drinking
Laws (EUDL) grant. Acting Police Chief K.A. Bung stated that Police Commander Garcia,
Commander Alvarado, and Ms, Pat Eldridge joined forces to create a coalition of community
partners to fight underage drinking, including five school districts, Texas A&M University -
Corpus Christi, and seven other agencies. He said Corpus Christi was one of four cities in
Texas to receive a grant award
Chief Bung introduced Ms. Eldridge, who provided more information. Ms. Eldridge
recognized a number of representatives from the coalition group who were in the audience.
She described the role each coalition member played in the effort
Minutes -- Regular Council Meeting
June 27. 2006 - Page 18
Mayor Garrett asked for more Information on the "Party Buster" hotline that was being
established through the Crime Stoppers agency. Ms. Eldridge replied that Commander
Alvarado, who managed the Campus Crime Stoppers, planned to post notices in high schools
with the hotline number so students could tip the police on illicit parties.
Mr Garcia asked if the city's alcohol and drug problems were concentrated in a certain
part of town. Chief Bung answered negatively, saying that the problems were citywide. He said
the Police department could not address the problems through enforcement alone; rather, he
said the community needed to become involved as well
Mayor Garrett called for public comment. Mr Abel Alonzo, 1701 Thames, spoke in favor
the grant. and emphasized the importance of community involvement. City Secretary Chapa
polled the Council for thel( votes as follows:
29.a MOTION NO. 2006-192
Motion authorizing the City Manager or his designee to accept an Enforcing Underage
Dnnking Laws (EUDL) grant In the amount of $35,702 from the State of Texas, Texas
Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking
laws, to prevent youth access to and illegal use of alcohol, and provide for an
educational program with a City cash match of $20,599, and in-kind contribution of $746,
foe a total project cost of $57,047
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye",
29.b ORDINANCE NO. 026841
Ordinance appropriating $35,702 from the State of Texas, Texas Alcoholic Beverage
Commission in the NO.1 061 State and Federal Grant Fund for funding to enforce and
orevent underage drinking
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott. voting "Aye"
29.c RESOLUTION NO. 026842
Resolution authOrizing the City Manager or his designee to execute an Interlocal
Agreement with the Corpus Christi Independent School District in the amount of $6,000
for EUDL grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 27 2006- Page 19
29.d RESOLUTION NO. 026843
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement with the Flour Bluff Independent School District in the amount of $2,000 for
the EUDL grant actvities
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
29.e RESOLUTION NO. 026844
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement with the Calallen Independent School District in the amount of $2,000 for
EUDL grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
29.f. RESOLUTION NO. 026845
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement With the Tuloso-Midway Independent School District in the amount of $2,000
for EUDL grant activities
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
29.g RESOLUTION NO 026846
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement with the West Oso Independent School District in the amount of $2,000 for
EUDL grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
29.h RESOLUTION NO. 026847
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement With Texas A&M University-Corpus Christi in the amount of $5,000 for EUDL
grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 27 2006 - Page 20
29.i. RESOLUTION NO. 026848
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement with the Council on Alcohol and Drug Abuse in the amount of $9,256 for
EUDL grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, (3arcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 30 approving the FY 2006-2007 Crime Control
and Prevention Distnct budget There were no comments from the Councilor the public. City
Secretary Chapa polled the Council for their votes as follows
30. BESOLUTION NO. 026849
Resolution approving the FY 2006-2007 Budget for the Corpus Christi Crime Control and
Prevention District
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 31 regarding the sale of city surplus
properties City Engineer Angel Escobar reported that staff was requesting that the Council
declare eighteen city properties as surplus properties so they could be sold. He said the city
had acquired the maJonty of the tracts for street projects, and the remnant tracts were irregularly
sized and shaped. He referred to a list of the properties in the agenda book.
Mr Escobar stated that staff offered the larger tracts that were suitable for development
TO Neighborhood Services before offering them for sale. Of the original nineteen properties, he
said Neighborhood Services elected to use one property in their in-fill lot program, leaving
eighteen properties. In addition, he said nine of the eighteen tracts (Items 1 - 10) would be
conveyed to the adjacent property owners in exchange for their perpetual maintenance and
care He said the property at 3705 Topeka would be sold by sealed bid to the public. Finally,
1e said the remaining eight properties (Items 11- 18) that were suitable for development would
oe sold by sealed bid as well.
Mr Kelly asked why Neighoorhood Services found only one lot that was eligible for the
,n-filllot program He pointed out that one of the lots on Topeka Street seemed appropriate for
the program since it already had a residence on It. Director of Neighborhood Services Yvonne
I-Jaag replied that a neightJor on Topeka Street was interested in purchasing the home. She
said city inspectors looked at all the properties on the list, but found only one property that was
suitable
Mr Noyola stated that he and his wife had purchased property on the corner of
Washington and Soledad, which was near 2723 Osage, one of the lots being recommended for
sale He asked City Attorney Fischer whether he should abstain from voting on the item. City
A.ttorney Fischer replied t'1at Mr Noyola should abstain If he felt his vote could lead to his
economic benefit
There were no corlments trom the public. City Secretary Chapa polled the Council for
Their votes as follows
..... .""
Minutes - Regular Council Meeting
June 27,2006 - Page 21
31.a fiRST READING ORDINANCE
Declaring eighteen City-owned properties (listed in Exhibit C) as surplus property, which
Include one developed residential property located at 3705 Topeka Street and
seventeen vacant tracts of land nine of which are irregular in shape and not suitable for
::ludding
The foregOing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper Garcia. Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained
31.b FIRST READING ORDINANCE
Authorizing the sale of eighteen surplus properties (listed in Exhibit C) consisting of one
residential property located at 3705 Topeka Street, and eight developable tracts which
will be sold individually to the public by sealed bid, and nine irregularly-shaped
properties which will be sold to the adjacent landowners in exchange for their perpetual
rnalntenance and care of the property; and authorizing the City Manager or his designee
Ie execute the necessary deeds for all eighteen surplus properties to be sold and
conveyed.
The foregOing ordinance was passed and approved on its first reading with the following
vote Garrett, Chesney. Cooper Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained
~ * * * * * ~ * ~ * * x
Mayor Garrett called for a brief recess to present proclamations.
k * * * ~ * * * ~ * * *
Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton,
spoke against the city's beach grooming on Packery Channel, allegedly without a U.S. Corps of
Engineers permit He said he had notified the Corps of Engineers and they were conducting an
investigation.
Mr Jack Gordy, 4118 Bray, spoke regarding the city's lack of enforcement of the State
Highway Beautification Act and city sign ordinances In particular, he pointed out problems on
Weber.. South Padre Island Drive, and Kostoryz Roads. Mr. Noyola asked Mr. Noe to look into
the matter Mr Noe replied that staff would research Mr. Gordy's claims and report to the
Council He added that staff would also schedule an update on the electronic bulletin board
controversy
The following indiViduals spoke in support of allocating $25,000 in hotel/motel occupancy
tax (HOT) funds to the Instituto de Cultura Hispanica: Mr. Carlos Fernandez, 7517 Annemasse;
Ms. Dora Garcia, 625 Gregory; and Mr Richard Alegria, 1617 N. Chaparral.
Mr Scott stated that he was In favor of allocating HOT tax funds to the Convention and
ViSitors Bureau. He stated, however that if the city had extra revenues from ad valorem taxes,
then the Council could conSider giving the additional revenue to the Arts and Cultural
CommisSion for disburseMent to the arts community City Manager Noe replied that the Council
Minutes - Regular Counc Meeting
June 27, 2006 - Page 22
made a commitment to reduce the property tax rate for any increase in values; thus, staff did not
expect to see an increase in property tax revenues
Mr Marez spoke i1 support of funding the Instituto de Cultura Hispanica,
Mr Tom Schmid 319 Long Point, thanked the Council and the City Manager for
promoting tourism n the community He spoke in support of increasing funding for tourism
marketing
Mr Kevin Latone 900 N Shoreline, spoke in support of increasing CVB funding for
tourism marketing He also asked that the Council remove the Columbus Fleet debt from the
CVB budget, and that they consider allocating the 35 percent increase in April HOT tax
revenues to the CVB budget for marketing efforts
Mr Rod Miller, executive director of the Art Center of Corpus Christi, asked the Council
to conSider increasing their current HOT tax funding allocation from $15,000 to $60,000.
.. '...- * * --j,,- ok' .,. -~"
Mayor Garrett called for a brief recess.
~ * * * * ~ * * * x *
Mayor Garrett opened diSCUSSion on Item 32, the second reading ordinance changing
the name of Winnebago Street to Uptown Avenue between Carancahua and Upper Broadway
Streets City Engineer Angel Escobar reported that staff stood by its initial recommendation to
approve the street name change request because it met the requirements in the ordinance.
Mayor Garrett called for public comment. The following individuals spoke against the
street name change request because of the street's historical value: Bunny Arnim Tinker, 1010
Furman Avenue; Joel Mumphord and Danny Noyola Jr., 4132 Kevin. Mr. Mumphord and Mr.
Noyola suggested a compromise by changing the name to "Uptown Winnebago" Street.
Mr Kelly spoke ir favor of the street name change request because Winnebago Street
proper was so far removed from the section being proposed for a name change. He also
questioned whether retaining the name on this section of the street actually preserved the city's
historical heritage
The follOWing individuals spoke In support of the street name change request: James
Chroblnski and Abel Alonzo, 1701 Thames.
Mr Noyola stated that the portion of Winnebago Street in question was historically
significant He felt it would be confUSing if the name was changed to Uptown Avenue. Mr.
Noyola spoke in favor of naming the street "Uptown Winnebago" Street as a compromise
measure
Ms. Cooper spoke in favor of the street name change request. Since the street was
already divided, she did 'lot see a problem with renaming the portion in question. She stated
that the city desperately needed development in this area of the city. While she enjoyed
studying history she said she did not see the historical significance of the current name. She
also said she did not like the name Uptown Winnebago Street because it was too long.
Minutes - Regular Council Meeting
June 27 2006 - Page 23
Mr Kelly said he disagreed with Mr. Noyola's reasons for rejecting the request, but he
::;ould understand Mr. Chesney's rationale for opposing the name change as stated last week.
However, Mr. Kelly said he was prepared to make a motion to amend the ordinance to change
~he name to Uptown Wlnnebago Street
City Secretary Chapa replied that he was uncertain whether the Council had the
authority to amend the name change He pointed out that the applicant had filed a formal
"equest and paid an application fee requesting a specific name. City Attorney Fischer
::;oncurred with Mr. Chapa. saying that the Council had to have the applicant's concurrence
before they could propose changing his request.
Mayor Garrett asked Mr Mark Adame, representing the applicant Joe Adame, to
;:omment on the compromise measure to rename the street Uptown Winnebago Street. Mr.
Adame spoke against the name Uptown Winnebago because it was too long. He said they
oreferred the name Uptown Avenue
City Attorney Fischer pointed out that the property owners on that section of Winnebago
Nould also have to concur with the Uptown Winnebago Street name. Mr. Adame stated that his
firm owned all the property In that area
Mr Marez asked for clarification on the street name change process. Specifically, he
questioned If an indlvldua: could apply to change the name of only one block of a particular
street. City Secretary Chapa replied that the Council recently adopted an ordinance clarified the
street renaming process outlined in the Council poliCies. He said anyone who owned property
or lived on a street block that they wished to rename could apply for a street name change. He
said they would have to pay the $500 application fee. If the application qualified under the
guidelines. he said staff processed the application and then presented it to the Council for
consideration. He said 'he Council ,jecided whether the application met the extenuating
circumstances outlined in the ordinance
A diSCUSSion ensued whether the application met the extenuating circumstances outlined
n the ordinance City Engineer Escobar replied that the Traffic Engineering division
recommended approval of the street name change request because Winnebago Street was
already divided. He said 1+ four or five people living In a mid-block of a mile-long street applied
"or a street name change however, then staff would deny this application because it did not
'neet the extenuating circumstances in the ordinance
Mr Scott apologized to Mr. Mumphord about a misunderstanding they had regarding the
street name change process. He said the point he was trying to make was that if he wanted to
change the 300 block of Bermuda Street to Scott Avenue, for example, he could apply but it did
'lot guarantee that hiS application woule be approved. In this case, he said staff recommended
approval of the street name change request. He said he liked the current street name change
orocess Finally, he spoke in favor of the street name change request.
Mr Chesney stateo that he still did not feel a compelling case had been made to change
the street name. He was interested In finding a compromise in which the developer could
propose a name preserving the history of the street and the area. He felt changing the name to
Uptown Avenue would be confusing. He said he felt street name changes were appropriate
Nhen they honored the city's history or a businesses or individuals that made a significant
contribution to the community. He was against changing the street name because it might help
a partiCUlar development Such as in this case.
Minutes -- Regular Council Meeting
June 27, 2006 - Page 24
Mr Mark Adame replied that he would be willing to consider another street name, but
was opposed to the Uptown Winnebago name. Mr. Chesney replied that he would be willing to
table this item until the next Council meeting so Mr Adame could speak to the community. If
the Adames could not come to an agreement with the community, then he said the Council
could vote on the Item at the next meeting. If, however, Mr. Adame wanted the Council to vote
on the matter now then Mr. Chesney would withdraw the offer.
Mr Adame stated that his company was taking a tremendous risk by investing the
proposed development He said hurdles like this street name change took away their
entrepreneurial Spirit. but he was willing to try to find a compromise.
Mayor Garrett asked for a motion to table the item until the next Council meeting (July
11). Mr. Noyola made the made as stated by the Mayor, seconded by Mr. Garcia, and passed.
Mayor Garrett offered to meet with Mr. Adame and community members in his conference room
to see if they could reach a compromise. He said the proposed development would truly benefit
the community and he did not want to break their spirit
Mr David Noyola stated that he did not agree with the Council's decision to try to
compromise on the name change. He said the citizens were requesting that the street name
remain Winnebago Street, and it appeared that the Council was bowing to the developer's
wishes instead He asked the Council not to compromise and to deny the request.
. w * * ~ ~ * w .~ * x *
Mayor Garrett referred to item 34, a presentation on the Summer Connections program
and other dropout prevention program by Dr. Ridge Hammonds. Dr. Hammonds explained that
Summer Connections was an employment enhancement program targeting at-risk students
from Oak Park and Evans Elementary Schools by providing hands-on learning about career and
vocational opportunities. He said the program's goal was to introduce students to a wide variety
of career opportunities included allied health, art. music, geology, kinesiology, dental, law
enforcement, and process technology. Now in its seventh year, he said the program was funded
primarily through a grant from Flint Hills Resources, and through partnerships with CCISD, Del
Mar College, Texas A&M University-Corpus Christi, and other community organizations.
Dr Hammonds stated that the Summer Connections program was one of the many
dropout prevention programs in the community. He said many area agencies had the common
goal of increaSing graduation rates by keeping kids in school longer so they could find a
meaningful job
Dr Hammonds stated that on October 22, he was asked to make a presentation at the
International Dropout Prevention Conference in San Antonio, TX. He said he planned to
present a "map' of all the city's dropout prevention efforts to better organize the efforts, reduce
repetition and increase cooperation He said the City Council may have the unique ability to
call the various players" TOgether With cooperation from CCISD, Del Mar, Texas A&M, and the
Caller Times, he said the Council could lead an effort by schools, private and public agencies.
in conclusion, Dr. Hammonds invited the Council to attend a "graduation" ceremony this
Thursday night for the 60 at-risk students completing the program this summer.
Mr Marez spoke n support of the Summer Connections program, saying he would like
to see the program expanded to provide year-round services. He said he would like the city to
become a formal program partner by providing resources to help with the expansion. He
Minutes- Regular Council Meeting
June 27 2006 - Page 25
discussed the Importance of mentoring and shadowing programs in keeping at-risk youth in
school. Mr Garcia suggested that the Council could appoint Mr. Marez as the Council
representative leading the effort.
City Manager Noe stated that two years ago, a citywide effort led by the Citizens for
Excellence group created a blueprint for addressing dropout rates. He suggested that the city
could re-examine the goals raised by the group. Dr. Hammonds replied that while the Citizens
'or Excellence plan was a good effort. he felt the Summer Connections program and the
community needed to go beyond the talking point stage and into action. He advocated the
creation of a clearinghouse of services that citizens could contact for help in dropout prevention.
Mr Noyola askedf the Summer' Connections program was a citywide program. Dr.
Hammonds answered negatively, saying that because of funding constraints, the program was
!mited to two CCISD campuses, Evans and Oak Park Elementary Schools. To expand the
orogram he said they needed funding partners with the same commitment and vision, like Flint
Hills
Mr Noyola spoke I support of expanding the program to other school districts, possibly
Through school funding. Dr. Hammonds replied that the program costs were $30,000 a year
olus $20.000 in in-like kind funding to operate at the two elementary schools.
~ ~ x * * . * * * k * *
Mayor Garrett referred to Item 35, a presentation of the 3rd Quarter FY 2005-2006
Budget/Performance report. Assistant Budget Director Eddie Houlihan reported that with 82.75
percent of General Fund budgeted revenues received, the city was on track to meet the
projections In the proposed budget. He noted that the revenue projection was $775,598, or
one-half percent. higher than the budgeted amount. Regarding sales tax revenues, Mr.
Houlihan stated the revenues were budgeted at a four percent increase over the prior year, but
the city was currently seeing an eight percent increase over FY 2005 through the first nine
months Regarding Solid Waste Services revenues, Mr. Houlihan stated that revenues were
anticipated to fall slightly below the budgeted amounts due to decreased tonnage. He noted
that Municipal Court revenues remained strong, and franchise fee revenues were on track with
projections and the budget
Regarding Generai Fund expenditures, he said 71.63 percent of the budget had been
expended by 75 percent of the year completed. He stated there were no major variances at this
,Ime Mr. Houlihan reviewed charts depicting the year-to-date (YTD) General Fund revenues
and expenditures.
Mr Houlihan discussed the status of the Enterprise Funds. He highlighted the
performance of a number of departments. including Water, Gas, Wastewater, Airport, Golf, and
Marina. Regarding the Water fund, he said they experienced an increase in revenues due to
.jry weather conditions Regarding the Gas fund, he said revenues were slightly below budget
Jue to warm weather. He said expenditures were at 713 percent of budget and were expected
to comen under ~udget to help compensate for the revenue shortfall. Regarding the
wastewater fund, he said revenues and expenditures were on track with budget. Regarding the
.t:..irport fund, he said revenues were decreased due to a reduction in oil and gas leases.
Regarding the Golf fund, he said revenues were expected to come in slightly higher than budget
and expenditures should:::ome in line with budgeted amounts. Finally, regarding the Marina
:Judget, he said there was decrease in revenues due mainly to the loss of a major lessee and
'he reduction in the number of shr,mp boats docked at the marina. He said expenditures were
Minutes Regular Counc: Meeting
June 27,2006- Page 26
slightly less than budgeted to compensate for the revenue shortfall. Mr. Houlihan then
displayed a number of charts depicting the Enterprise Funds YTD revenues and expenditures.
Mr Houlihan discussed the status of the Internal Service funds, which primarily served
internal customers and ::harged a fee for services. Regarding the Stores Fund, he said
revenues were in line with projections but slightly less than budgeted. He said expenditures
were slightly less than budgeted due to lower than expected sales. Regarding the Maintenance
Services fund. he said revenues were consistent with budgeted amounts. He said expenditures
were under budget due to capital outlay purchases that were not finalized until the fourth
quarter Regarding MIS, he said revenues were consistent with the budget, but expenditures
were lower thar, budgeted due tc the deferment of certain expenses. Regarding Engineering
fund revenues and expenditures, he said they were consistent with budgeted amounts. Finally,
he said Risk Management expenditures were lower than budgeted for health insurance, general
liability and workers' compensation. Mr Houlihan then displayed a number of charts depicting
the Internal Service Funds YTD revenues and expenditures
Mr Houlihan discussed the status of the Special Revenue funds. Regarding the Hotel
Occupancy Tax fund he said revenues were budgeted about 6.5 percent above FY 2005
estimates approximately nine percent above budget. Regarding the Reinvestment Zone NO.2
Fund, he said the fund saw a revenue increase driven by favorable appraised values in the
Packery Channel area. Regarding the Visitors' Facility fund, he said revenues and expenditures
were under budget mainly because contractor revenues and expenditures were not booked until
the year end audits were complete. He said revenues were expected to come in $500,000 over
budget and expenditures were expected to come in $150,000 over budget. Finally, regarding
the Crime Control District fund. he said revenues increased because sales tax revenues came
in at 7 percent rather than 4 percent as budgeted. Mr Houlihan then displayed a number of
charts depicting the Special Revenue Funds YTD revenues and expenditures.
Council members asked questions about the use of Hotel Occupancy Tax funds. City
Manager Noe suggested that these questions could be better addressed during the next
presentation, an overview of the proposed FY 2006-07 budgets for Special Revenue, Internal
Service. and Debt Service funds
Mayor Garrett referred to Item 36, an overview of the proposed FY 2006-07 budgets for
Special Revenue, Internal Service, and Debt Service funds. Assistant City Manager Oscar
Martinez discussed the Internal Service fund, comprised of the Stores, Maintenance Services,
Municipal Information Services, Engineering Services, and Risk Management funds. He noted
that Internal Services fund saw an increase of eight FTEs primarily due to employees being
transferred into the Customer Call Center
Regarding the Stores Fund, Mr Martinez said warehouse services comprised 87 percent
of the fund's activity, bu: also included printing, postage, and copy sales. He said the fund
balance for expenditures nad been drawn down slightly ($50,000) in FY 2006 and 2007.
Regarding the Maintenance Services fund, Mr. Martinez stated that revenues were
derived from allocations, fuel sales, and transfer of funds from other departments for capital
outlay purchases. With regard to expenditures, he said that $250,000 was set aside in Reserve
appropriations to address fluctuating fuel costs; $100,000 was set aside to begin an equipment
replacement program: and $100,000 was set aSide to begin a building maintenance program.
Minutes - Regular COunci Meeting
June 27 2006 - Page 27
Regarding the Municipal Information Systems fund, Mr. Martinez stated that major
revenues Included a moderate increase in the General Fund due to a new Police Computer
Aided Dispatch System. In addition, he noted increases in the allocations for Water and
Wastewater due to the full implementation of the Customer Call Center. Finally, he pointed out
that an Increase in on-line transactions had caused an increase in the E-Government budget.
Mr Kinnison asked if the city charged a fee for on-line transactions. Director of E-
Government Services Susan Cable replied that the Council had directed staff not to pass the
charge onto the customer for utility bill payments, only for traffic tickets. She said staff could
bring forward an item to pass on the charge to customers if the Council wished. Mr. Noyola
spoke against passing or the charges to customers because the city had already increased
.Jtility rates
Mr Kinnison asked about the Increase in the visitors facility fund. MIS Director Ogilvie
Gencke explained that the city supported SMG with data and connectivity services in the past.
Over time he said MIS has been able to estimate the amount of services more accurately; the
first year, he said MIS hac to make a rough estimate on the costs
Mr Kinnison asked about $1 miilion increase In water and wastewater fund budgets. Mr.
Gencke replied that one of the major costs was the MAXIMO program implementation. City
Manager Noe offered to provide Mr Kinnison with more detailed information on the funds.
Regarding Municipal Information Systems expenditures, Mr. Martinez stated that the
fund saw Increased personnel costs due to the addition of seven FTEs funded from the MIS
fund. He said approximately $2.5 million of the total appropriation was programmed to support
the Corpus Christi Digital Community Development Corporation's WiFi initiative, city fiber
network, and other wireless applications Finally, he said due to an estimated Unreserved Fund
Balance of $584,747 at the end of FY 2006. FY 2007 expenditures were budgeted $404,649
greater than revenues
Regarding the Engineering Services fund's major revenues, Mr. Martinez reported that
allocations to other funds were reduced for FY 2007 due to an estimated Fund Balance of
$962,930 for FY 2006 Regarding expenditures, he said the Engineering fund typically has
numerous vacancies during the year and uses the vacancy savings to fund temporary services
when needed Mr Garcia suggested that if the Engineering department had a savings, they
could use the savings to provide extra benefits to attract more engineers. Mr. Martinez stated
that the Engineering department was faced with a challenge to attract and retain qualified
engineers because of compensation issues. Mr. Garcia stated that the city needed to focus on
ways to attract qualified employees in all categories, especially Legal, Engineering, and
Development Services Mr Martinez replied staff was well aware of the problem and was trying
to address it.
Regarding the Combined Risk Management Fund's major revenues, Mr. Martinez
replied that health revenues reflected no Increase in premiums for the Citicare and Police plans,
but Fire premiums had been increased by 10 percent. He said the actuarial-based increase
proposed for FY 2007 was offset by the Risk Management fund's strong Unreserved Fund
Balance Regarding expenditures. he noted that the majority of the operating expenses are
actuarially determined. -Ie also stated that approximately $5.3 million of the $8.6 million
increase reflected from FY 2006 estimates to FY 2007 budget projections was attributable to the
city's estimated costs Incurred for group health insurance, workers' compensation, and other
self insurance claims being less than the amounts projected by our actuary analysts. In
Minutes - Regular Council Meeting
June 27, 2006 - Page 28
addition, ne stated that the cost of insurance policy premiums was increasing by approximately
$500,000 due to increases in weather-related coverage.
Mr Martinez discussed the Special Revenues funds, comprised of the Visitors Facility,
Crime Control, LEPC, and Development Services funds. Regarding major revenues, he
displayec a chart Of the percentage of revenues obtained through taxes, fees/permits,
convention center/arena, other, and transfer from other fund revenue sources. He said the
revenues listed were inclusive of all the Special Revenue funds as follows: Hotel Occupancy
Tax (HOT); Reinvestment Zone No.2; Seawall Improvement Fund; Arena Facility Fund;
Business and Job Development fund: Development Services; Visitors Facility; LEPC fund; and
Crime Control Districtl'un:j
Mr Martinez discussed the Special Revenue fund's expenditures. He said Crime
Control District revenues were strong due to robust increases in sales tax, and continued to
support 50 police officers He said HOT tax revenue was scaled back from the current year to
compensate for the impact of the bowlers convention. He said the CVB contract was currently
being negotiated and would be presented to the Council on July 11. He said the CVB budget in
FY 2007 was $2.641 million, and $90 130 increase over FY 2006. He said the Business and
Job Development fund continued the same level of service for large and small businesses and
affordable housing. ;-;e said Development Services included full funding for all FTEs; over
$40,000 set aside for training; and $100,000 In Reserve Appropriations. Finally, he said
$81.904 was set aSide fOI maintenance needs at the Convention Center facilities.
Mr Scott stated that he was in favor of increasing the marketing budget for the CVB. He
proposed using HOT tax Dr sales tax revenues that came in above estimates and apply them to
the CVB budget. In addition, he proposed using a portion of the funding for the arts community,
through the Arts and Cultural Community
City Manager Noe replied that staff could provide the Council with estimates on what
additional resources the city could have available in the HOT tax fund as a result of higher than
budgeted revenues He said if the Council wished to allocate the extra revenues to the CVB for
a one-time expenditure or for the arts. staff could work on that. However, he was hesitant to
commit to funding additional arts program through the General operating budget because there
were so many competing needs. He also noted that staff did not account for the fact that as the
city lowered the effective property tax rate, the amount the city received was less. Mr. Noe also
pointed out that the Nueces County Tax Appraisal District had not finalized the numbers
regarding the property tax freeze. He suggested that staff could provide a more solid number in
September Mr Scott preferred to make a decision before the end of the budget process, not in
September
Mr Scott asked about the pOSSibility of moving the Columbus Fleet debt to the debt
service fund. City Manager Noe reminded the Council that staff had suggested doing this about
four years ago, but the Council had opposed it. Mr Scott asked staff to provide information on
the history of Columbus Fleet debt in their packets He said he was in favor of moving the
Columbus Fleet debt to the debt service fund.
Mr. Kinnison stated that he did not mind giVing the CVB more marketing money, but he
wanted them to have a definite program. He pointed out that staff was actually presenting a
budget With a $150,000 deficit, and was spending surplus money just to break even. He said
the HOT tax estimate may be overly optimistic, based on historical values.
...... .,-.
Minutes Regular Council Meeting
June 27, 2006 - Page 29
Mr Kinnison noted that the Convention Center budget increased by $250,000, and he
asked staff to provide Information on the Increase. He said this fund needed to be considered in
the long term If the city wanted to attract any future conferences.
Regarding the Columbus Fleet debt, Mr Kinnison stated that he had researched the
topic and recalled that in 1999. the community was promised that it would not have to pay for
the debt. He said like itJr not, the Council made this commitment. He said there were nine
more years left on the debt, with a payment of $280,000 a year.
Mr. Chesney stated that he found it difficult to keep a commitment made by the Council
in 1999 unless the city had entered into a contractual agreement to that effect. If the Council
made a political commitment, however, he did not feel obligated to keep that promise. He felt
the impact on the citizens would be lessened through the debt service fund because it was
Intended to pay long-tem' debt. '-1e asked City Manager Noe to provide the Council with their
options
Mr Kelly stated hat the Council had an obligation to keep its promise regarding the
Columbus Fleet if it was made, in order to maintain their integrity.
Mr Martinez discussed the Debt Service Fund, which was used to pay principal and
interest for long-term debT Regarding revenues, he said a complete Capital Improvement Plan
based on the financial capacity of the Debt Service funds would be presented to the City
Council in August 2006. He also said that FY 2005 "Other Revenues" category reflected the
sale of $60 million for Bond 2004 approved projects Regarding expenditures, he referred to a
chart depicting expenditures by fund.
in conclusion, Mr Martinez covered the budget calendar as follows: July 11 - public
nearing July 18 - first reading ordinance; and July 25 - second reading ordinance and
adoption
Mr Kinnison asked for a booklet including budgets from organizations the city was
funding Mr. Martinez replied that staff was compiling the booklet and would submit it soon.
in response to Mr Garcias question, Mr. Martinez stated that the Capital Improvement
Project Budget would be submitted in August. He said it would provide all projects in the queue
for the next one, three and seven years
~ * * * * * * * . * * *
Mayor Garrett called for the City Manager's report. City Manager Noe recognized the
Wastewater department for receiving awards from the National Association of Clean Water
Agencies for their plants. Wastewater Superintendent Foster Crowell said he was proud of the
wastewater staff. He also announced that Corpus Christi was one of thirteen cities involved in
the Water is Life pilot program sponsored by the association.
City Manager Noe stated that the city issued a press release announcing that it was
negotiating with Earthlink as our first alliance partner in the Wi-Fi network.
Mayor Garrett asked for an update on the public safety facilities. He also asked staff to
consider installing a rail at Sherrill Park to assist veterans in operating the flagpole.
Minutes - Regular Councl' Meeting
June 27,2006 - Page 30
Mayor Garrett called for Council concerns and reports, Mr, Noyola asked for an update
on the Sunnybrook Manshiem drainage project City Engineer Angel Escobar stated that
project would be bid in August, with award scheduled in the first meeting in September. He said
construction should begin in September or October. He said the project would take
approximately 14 months to complete
Mr Noyola asked how the West Oso tennis court improvements were funded. Director
of Parks and Recreation Sally Gavlik replied that the city funded the improvements through two
separate CDBG grants. A.ssistant Director of Engineering Services Kevin Stowers added that
the city had $105,000 to spend through those grants. He said the main purpose of the project
was to resurface the courts, extending their life span by approximately six to eight years.
Mr Noyola asked for a status report on the selection of Fire and Police Chiefs. City
Manager Noe replied that he expected to announce one selection this week and one next week.
He expected the Council to consider at the first selection on July" 1.
Mr Scott stated that an Island constituent was complaining about ongoing problems with
mosquitoes related to wastewater issues. He asked Assistant City Manager Ron Massey to
,ook into It. He also reported that TxDOT was holding a series of public hearings in numerous
Texas cities, but they listed Calallen as a city instead of Corpus Christi. He asked staff to
contact TxDOT about errc,-
Mr Marez reported a concern about a city-owned lot on the 4700 block of Arlene Street
that was not being maintained He asked Mr. Noe to look into it.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 3:45 p.m. on June 27, 2006.
~ * * * ~. * ~ * * * * ~ *
2
a. BlJILDING STANDARDS BOARD - One (1) vacancy with term to 3-03-07 chosen from one
of the following categories: realtor, architect, engineer, general contractor, home builder or
building materials dealer.
DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be
construed to secure the beneficial interests and purposes of safety, health, and general welfare,
through structural strength, stability, sanitation, adequate light and ventilation, and safety to life
and property from fire and other hazards incident to the construction, alteration, repair removal,
demolition, use and occupancy of building or structure.
COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents
of the City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect,
engineer, general contractor, home builder or building materials dealer. Appointed by the City
Council for 3 year staggered terms. Elects its own chairman.
MEMBERS
Gregory Glen Spivey (Attorney), Chair
Ted Stephens (Engineer)
Renee L. Carter (Member at Large)
Jesus J. Jimenez (Engineer)
Frank Hastings (Member at Large)
John B. Smith (Member at Large)
***David Amori (Engineer)
TERMS
3-03-08
3-03-09
3-03-08
3-03-08
3-03-09
3-03-07
3-03-07
ORIGINAL
APPTD. DATES
5-17-05
3-21-06
5-17-05
5-17-05
5-17-05
5-24-05
5-17-05
***Resigned
INDIVIDUALS EXPRESSING INTEREST
Lisa Huerta
Vice President, Kendall Erosion Control Services.
Activities include: Membership Chairman for the
National Association of Women in Construction,
Association of General Contractors, and National
Association of Homebuilders. (Building materials
dealer) (4-15-05)
Richard Stracener
Sales/Rental, W aukesha- Pearce Ind. Attended
Glendale Community College in Glendate, Arizona
and Del Mar College. Current Chairman of the
Associated Builders and Contractors. (Building
Materials dealer) (4-29-05)
Alfonso Trujano Jr.
Project Manager, Dos Logistics, Inc. Received B.S.
in Civil Engineering and Graduate courses on Civil
Engineering. Secretary of the American Society of
Civil Engineers and TSPE member. Received the
Excellence on Leadership Award and nominated for
2004 Torch Award for Marketplace Ethics.
(Engineer and Homebuilder) (6-26-06)
.....
b. CABLE COMMUNICATIONS COMMISSION - Two (2) vacancies with three-year terms to
7-27-09.
DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement
approved by the City Council, recommend regulations, encourage, develop and promote the use
of access channels, assure that access channels offer a diversity of programming and services,
work with user groups to develop sources of funding, conduct evaluations of the cable system
and review and audit reports, and advise the City Council on rate adjustment requests.
COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by
the City Council. No person or employee with ownership interest in a cable communications
franchise granted by the city shall be eligible for membership on the commission. Each
commission member is encouraged to have access to local cable communications system
programming. The commission shall select from its membership a chairperson and a vice-
chairperson whose terms shall be one year.
MEMBERS
* * Juan Garcia, Jr., Chair
Dr. Bruce Nelson Stratton
Robert A. White
Connie Gutierrez
*Stephen R. West
TERMS
7-27-06
7-27-08
7 -27 -08
7-27-07
7-27-06
ORIGINAL
APPTD.DATES
9-23-03
7-12-05
7-12-05
1-10-06
10-11-05
*Seeking reappointment
**Not seeking reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Stephen R. West
NO. OF MTGS.
THIS TERM
9
NO.
PRESENT
8
% OF ATTENDANCE
LAST TERM YEAR
89%
OTHER INDIVIDUALS EXPRESSING INTEREST
Fred Greenberg
Semi-Retired, Help Seniors Get Online. Attended
The University of Pennsylvania Wharton School of
Finance. Received a Real Estate brokers License.
Former member and Chairman of the Nueces
County Appraisal District, Animal Control Board
member, and Building Standards board member.
(9-27-05)
Sandra 1.. Maddox
Marketing, KTOV UPN Television. Attended Del
Mar College, Southwest University and U.S. Air
Force Activities include: Chamber of Commerce
Ambassador Chair, HSMA and Leadership Corpus
Christi_ (5-24-05)
Scott Polton
Manager, AT&T. Attended the University of Texas
at Austin. Activities include: Executive Committee
and State board member of Coastal Conservation
Association, Quail Unlimited, Ducks Unlimited,
SEA and Citizen's University. (6-19-06)
Hortencia B. Sanchez
Certified as an Office Clerk from Legal Assistant
Associates. Pursuing a B.A in Telemarketing and
minor in International Law. Activities include:
certified Director of Religious Education, Legal
Assistant Association, and Executive Liaison of the
CIty PT.o. at Haas Middle School. Received the
"Who's Who" Award from Junior College. (2-24-
05)
Latnce M. Sellers
Department HeadlFSMIV, Texas Department of
Criminal Justice. Received AA in
Communications from Del Mar College. Activities
include: Steering Committee for Flour Bluff I.S.D.
Educational Foundation, cable access show
"Community Outreach", and State Democratic
Executive Committee for Women. (2-23-05)
c. CIVIL SERVICE BOARD/COMMISSION - One (1) vacancy with term to 6-15-07. (The
City Manager appoints to the Civil Service Commission and the City Council appoints to the
Civil Service Board. Traditionally, the same member serves on the Board and Commission.)
DUTIES: To adopt amend, and enforce a code of rules and regulations providing for
appointment, employment, or suspension in all positions in the classified service based upon
citizenship, character, merit, efficiency, and industry, which shall have the force and effect of
law; and also rules regulating promotions, demotions, reduction of force of employees in the
classified service and in what order they shall be dismissed and reinstated.
COMPOSITION: Three (3) members shall be appointed by the Council for three-year terms
or until a successor is named. The members choose their own chairman and appoint a chief
examiner, not a member of the Board, who shall also act as secretary. Members receive $5.00
per Board meeting, not to exceed $100.00 per year.
MEMBERS
Jose Moncada
John Silvas
***Cydney Farrar
TERMS
6-15-09
6-15-08
6-15-07
ORIGINAL
APPTD. DATES
8-23-05
3-08-05
7-18-00
***Resigned
(Note: City Manager George K. Noe is recommending the appointment of Eileen Butler to the
Civil Service Commission.)
INDIVIDUALS EXPRESSING INTEREST
Joe Benavides
USMC Retired. Received Bachelors in
Management and Human Resources. Member of
the Regional Transportation Authority Board of
Directors. (3-03-05)
Eileen Butler
Director of Human Resources and External Affairs,
South Texas Lighthouse for the Blind. Received
B.A. from Texas A & M University - Corpus
Christi and currently pursuing certification as
Certified Compensation Specialist through W orId at
Work Association. Activities include: Red Cross,
c.c. Human Resources Management Association
and former member of Lion's Club. (6-16-06)
Shelley Franco
Senior Quality Assurance Manager/Equal
Opportunity Officer. Has received various training
in equal opportunity, human resources, and fraud
investigations. Activities include: assisting the
Patriot Band & Honor Guard of America, Inc. with
various projects, TWC's Equal Opportunity
Department in the Department of Labor's Civil
Rights Center. (6-07-05)
Leila Gallegos-GarcIa
Human Resources Manager, USS Lexington
Museum On The Bay. Currently a member of the
Corpus Christi Human Resources Management
Association Chapter. (7-15-06)
Angelica E. Hernandez
Attorney, Paul G. Kratzig & Associates. Received
B.A. from Saint Mary College and J.D. from
Washburn University School of Law. Activities
include: State Bar of Texas, c.c. Bar Association,
American Bar Association, Coastal Bend Women's
Lawyers Association, Defense Research Institute,
League of W omen Voters, C.C. Barrios
Association, Hispanic Chamber of Commerce and
Wests ide Business Association. (3-21-06)
Eduardo HinOjosa
Retired, State of Texas Administration. Received a
Master's degree. Activities include: Planning
DeciSiOn Making Member at Kostoryz Elementary
School. Received the "Rancher of the Year"
A ward. (3-04-05)
G. Douglas Johnson
Director of Human Resources, Peerless Cleaners.
Received B.A. from Texas A & M - Corpus Christi.
Activities include Member of the Corpus Christi
Human Resource Management Association, T- Ball
coach and Southslde Little League. (2-23-05)
Coeta Montgomen
DIrector of Operations, University of Incarnate
Word Received B.A. in Management/Human
Resources and M.S. in Occupational Training and
Development from Texas A & M University -
Corpus Christi. Activities include: C.C. Human
Resources Management, Society for Human
Resource Management, Chamber of Commerce,
and Leadership Corpus Christi. (06-15-06)
Jenmter M NesmIth
Marketing Assistant, mc Bank. Graduate of Del
Mar College and Texas A & M University - Corpus
Christi. ActivitIes include: Junior League of
Corpus Christi, c.c. Literacy Council, Mentor,
Brown Bag Challenge, Phi Theta Kappa Alumni,
and Programming for Republican Future. (6-09-06)
DaVId Sharp
V ocational Rehab Counselor, Texas Division of
Rehabilitation Services. Received B.S. in
Chemistry at the Math University of Wisconsin and
M. Education at the University of Texas at Austin.
Activities include: V ocational Counselor for the
State of Texas and the Development Committee for
the Rehabilitation Services Systems. (6-16-06)
Jennifer Welp
Human Resources Manager, Maverick Engineering,
Inc. Received a B.A. in Business Management
from Southwest Texas State University and M.A.
from Texas A & M University - Corpus Christi.
Currently serves on the Corpus Christi Human
Resources Management Association Board of
Directors and is familiar with the civil service
process. (3-07-05)
<1 CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION - Three (3)
vacancies with two-year terms to 7.31-08.
DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public
purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through
Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b
approved by voters on November 5, 2002.
COMPOSITION: The affairs of the Corporation shall be managed by a board of directors
which shall be composed of five persons appointed by the City Council ofthe City. The terms of
the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to
succeed themselves. No Director may serve longer than six years consecutively, unless such
servlce is required to complete an unexpired term. Each director must be a resident of the City.
MEMBERS
Gail Hoffinan, Chair
*****Robert Broadway, Vice Chair
*Michael Bertuzzi
*****Dr. Rosie Bonilla
Sam J Susser
TERM
7-31-07
7-31-06
7 - 31-06
7-31-06
7-31-07
ORIGINAL
APPTD. DATE
1-08-02
9-12-00
7 -13-04
9-12-00
9-12-00
*Seeking reappomtment
*****Has met the six-year limitation allowed by ordinance
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Michael BertuzZl
NO. OF MTGS.
THIS TERM
<:;
NO.
PRESENT
.+
% OF ATTENDANCE
LAST TERM YEAR
80%
OTHER INDIVIDUALS EXPRESSING INTEREST
Morly 80atnght
Self-employed. Received Master's m Automotiv
Engineering. Activities include: MechanicallPlumbin
Advisory Board, Leadership Corpus Christi, Corpus Chris
Executive Association. (3-03-06)
Oavld Cadena
V lce President-Credit Products Underwriter, Bank
of Amenca. Received B.A. from Texas A & M
l iniverslty Corpus Christi. Activities include:
(',c. Hispanic Chamber of Commerce and the
POAP Fundraiser (3-04-05)
Rohert Cagle
V ice President-Turnaround Division, Repcon, Inc.
Received 8.S. in Engineering Science and
-
Mechanics and M.A. in Business Administration.
Member of the Rotary Club of Corpus Christi. (4-
21-05)
Joe Cisneros III
CEO, Corpus Christi Hispanic Chamber of
Commerce. Recipient of the Small Business
Advocate Award from the Small Business
Association and the Westside Business Association.
(8-18-04)
William D. Dodge, III
Principal, The Dodge Company. Received B.S.
from the University of Texas at Austin and attended
Southern Methodist University Southwestern
Graduate School of Banking. Activities include:
Del Mar College Foundation, American Red Cross,
Airport Board, Port of Corpus Christi, and
Education Service Center Region 2 Board Member
(6-09-06)
Foster Edwards
President, Stewart Title Company. M.A. in
Political Science, Southwest Texas State University.
Activities include: former President of C.C.
Industrial Foundation, Secretary of Nueces County
Beach Advisory Committee, Convention and
Visitors Bureau. Graduate of Leadership Corpus
Christi, Class XI. (5-05-06)
Guadalupe J. Gomez
Self-employed, Business Consultant. Received
B.A. in Business Finance. Member of the Westside
Business Association. (3-10-05)
Diane LaRue
Independent Marketing Director, Melaleuca, Inc.
Attended LaSalle University, Temple University
and Holy Family College. Activities include:
Mission 911, IW A Golf Chair and Gala Committee,
Blessed Sacrament Convent Auxiliary, Pan
American Roundtable and Leadership Corpus
Christi Class XXIX. (2-25-05)
Randall L. Meredith
Attorney, Meredith Law Office. Received B.A. and
M.B.A. from Texas State University and J.D. from
St. Mary's University School of Law. Dedicated to
family and community. (3-21-05)
JennIfer M. Nesmith
Marketing Assistant, mc Bank. Graduate of Del
Mar College and Texas A & M University - Corpus
Christl. Activities include: Junior League of
Corpus Christi, C.c. Literacy Council, Mentor,
Brown Bag Challenge, Phi Theta Kappa Alumni,
and Programming for Republican Future. (6-09-06)
Deltlno Ornelas
Unit Director, H.E.B. Grocery Company. Activities
include: board member of the Westside Business
Association, Del Mar College Business Board and
Del Mar College Foundation. Received the
Business Man of the Year for Hispanic Chamber of
Commerce and Diversity Council Member of the
Year. (5-24-05)
Larrv Rast
Owner, Marathon Mortgage. Received B.A in
Sociology from Texas Tech University and M.A in
Community Counseling from Stephen F. Austin
State University. Activities include: Special
Olympics volunteer, Ronald McDonald House, and
Member of the Housing and Urban Development
Families Self-Sufficiency Advisory Committee.
( 11-14-04)
Curtis A. Rock
Business Development Manager, Rock Engineering
and Testing Laboratory, Inc. Received B.A in
Management Information Systems. Activities
include: ASSOCIated Builders and Contractors,
Leadership Corpus Christi, W orId Affairs Council
of South Texas. Chamber of Commerce and
Hispanic Chamber of Commerce. (4-04-06)
Elov 1-1 Salazar
Sole Proprietor/Investor, Salazar Investments.
Received A.A. in Business Administration from Del
Mar College and attended Texas A & M University-
Kmgsville. ActIvities include: American Red
Cross, Westside Business Association, Heart of
Corpus Christi, Chairman of Nueces County Tax
AppraIsal District, and Downtown Management
Dlstnct (5-26-06)
Latnce M. Sellers
Department Head/FSMIV, Texas Department of
Criminal Justice. Received AA. in
C'ommunications from Del Mar College. Activities
mclude: Steering Committee for Flour Bluff I.S.D.
Educational Foundation, cable access show
"Community Outreach", and State Democratic
Executive Committee for Women. (2-23-05)
Marsha Williams
Realtor, RelMax Metro Properties. Received RA.
in Business from Texas A & I University
Kingsville. Active member of the Kiwanis Club
and the RelMax Lifetime Hall of Fame. (6-09-05)
e CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY - Five (5) vacancies
with terms to 6-30-08, one to represent the interest of the transportation disadvantaged.
DUTIES: To operate and provide for public transportation system for Nueces County and the
cities included in the Authority.
COMPOSITION: Board of Directors consist of eleven (11) members - five (5) appointed by
the City Council; three (3) appointed by Nueces County Commissioners Court; two (2)
appomted by the Mayors of Cities In the Transit Authority other than Corpus Christi, and the
ChaIrman who IS appointed by the Board The principal municipality shall make its
appomtments to the board so that at least one of the appointees is designated to represent the
interests of the transportation disadvantaged. The statute does not mandate that this Board
member be "transportation disadvantaged." [f Chairman is from the membership, the entity that
appomted that person will appoint a replacement. Terms shall be for two years; members may
serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggest
that the appointmg bodies should consider the appointment of a regular rider of the transit
system
MEMBERS
Roland Barrera. ChaIrperson
Anna M Flores (Nueces County)
*Crystal Lyons (City Council Transp. Disad.)
* John F Longona. (City CouncIl)
*John Yalls (City Councll)
***Davie CIssna (f'ity Council)
*****John J. Buckle) (City Council)
Carmen P. Arias (Nueces County)
David Martmez (Nueces County)
Sara SalVlde. (Mayor of other Cities)
Glenn Martin (Mayor of other ('ities)
TERM
10-02-07
09-18-07
06-30-06
06-30-06
06-30-06
06-30-06
06-30-06
09-18-07
09-18-07
09-19-07
09-19-07
ORIGINAL
APPTD. DATE
9-14-99
10-08-03
6-08-04
6-08-04
10-11-05
6-08-04
4-27-99
10-08-03
10-08-03
9-28-05
9-28-05
*Seeking reappomtment
***Resigned
*****Has met the eight-year !Imitation by State law and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
~O. OF MTGS.
NAME THIS TERM
Crystal Lyons (Trans/Dis.) 1')
John F Longona I ~
John Valls
NO.
PRESENT
11
12
o
% OF ATTENDANCE
LAST TERM YEAR
85%
92%
100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Abel Alonzo
Received B.A. in Sociology and training in ADA,
Access, Awareness and Advocacy. Member of the
Westside Business Association. Received the Spirit
of ADA Pioneer Award, Jefferson Award, and
Who's Who Among Students in American Junior
Colleges- Del Mar College. (4-05-06)
Damon Bentley
Restaurant Owner and U.S. Coast Guard. Received
B.S. in Electrical Engineering from the U.S. Coast
Guard Academy and in pursuit ofM.A. from Texas
A & M University - Corpus Christi. Activities
include: Pilot/Officer and President of Utopia
World Cuisine & Lounge. (5-01-06)
Teresa Carrillo
Executive Director, Coastal Bend Bays Foundation.
Received B.S. in Marine Science Emphasis and
M.S. in Estuarine Ecology. Activities include:
Flint Hills Community Council, Beautify Corpus
Christi, Earth Day Bay Day Committee and
Environmental Representative for the Coastal Bend
Regional Water Planning Group. (3-18-05)
Mannt] Cummins
Owner, Cummins CPA, P.C. Received B.A. from
In Business Administration and M.A. in
International Management. Activities include:
Coastal Bend Bays Foundation, Texas Renewable
Energy Industries Association, Mexico Group of
Corpus Christi, South Texas Amigos de Mexico and
the c.c. Hispanic Chamber of Commerce.
Received the Small Business of the Year Award.
(7-04-06)
Vincent E. Doyle
Engineering Service, Corpus Christi Army Depot.
ReceIved Trade School Vocational Certification.
Interested in serving community. (2-22-05)
Thomas E. Dreyer
Received M.A. in Psychology. Member of the
Veterans Band of Corpus Christi. (8-04-05)
JamIe Duff
Government Intern, CorpusBeat Magazine.
Received B.A. in English at Texas A & M
University and currently pursuing M.A. from Texas
A & M University - Corpus Christi. Activities
include: Corpus Christi Focus and Church of the
Good Shepherd Bell Choir. (1-06-06)
Ernest R" Garza
President, Ernest R. Garza & Co., P.C. Received
RA III Accounting from c.c. State University and
is a Certified Public Accountant and Real Estate
Broker. Activities include: Director of the Nueces
River Authority Board, Chamber of Commerce,
Habitat for Humanity, Hispanic Chamber and
Northwest Business Association. Received
Accountant of the Year Award. (6-20-06)
Guadalupe J. Gomez
Self-employed, Business Consultant. Received
RA in Business Finance. Member of the Westside
Business Association. (3-10-05)
Art Granado
Owner, The Insurance Group. Attended Texas A &
I University. Activities include: Chairman of The
Heart of Corpus Christi, Forward Corpus Christi -
Grass Roots Committee, Leadership Class, and
CBAllJ. (4-24-06)
Fred Greenberg
Investment Management, Self-employed. Attended
Del Mar College and Wharton School of Finance at
the University of Pennsylvania. Activities include:
Ad Hoc Sign Committee, and former member of
Nueces County Tax Appraisal District. (1-25-06)
Ronald Hamllton
Student, Del Mar College. Attended Diesel Driving
Academy and Southern University. (1-24-06)
Angehca E Hernandez
Attorney. Paul G Kratzig & Associates. Received
RA. from Saint Mary College and J.D. from
Washburn University School of Law. Activities
include: State Bar of Texas, c.c. Bar Association,
American Bar Association, Coastal Bend Women's
L.awyers Association, Defense Research Institute,
League of W omen Voters, c.c. Barrios
Association, Hispanic Chamber of Commerce and
Westside Business Association. (3-21-06)
Oscar Hinojosa
Retired, Corpus Christi Army Depot. Attended Del
Mar College. Activities include: former Chairman
of Human Relations Commission, Citizen's Nueces
County Gang Task Force and Citizen's Police
Academy. (5-04-06)
Everest Huerta
President, EGH Construction. Received an
Associates degree in Applied Science. Member of
the Corpus Christi Hispanic Chamber of Commerce
and named Business Man ofthe Year. (9-03-04)
Diane LaRue
Independent Marketing Director, Melaleuca, Inc.
Attended LaSalle University, Temple University
and Holy Family College. Activities include:
Mission 911, IW A Golf Chair and Gala Committee,
Blessed Sacrament Convent Auxiliary, Pan
American Roundtable and Leadership Corpus
Christi Class XXIX. (2-25-05)
GrandI s Lenkin
Vice President, International Bank of Commerce.
Community activities include: Salvation Army,
u.s.a., First Women President of Bay Area Navy
League, Boy Scouts of America, United Way of the
Coastal Bend and Lighthouse for the Blind.
Received the Y Women in Careers Award,
Sweetheart of the Year Award, Silver Beaver
Award, Humanitarian Award and the Commander's
Award for Public Service. (6-01-04)
Randall L. M eredi th
Attorney, Meredith Law Office. Received B.A. and
M.B.A. from Texas State University and J.D. from
St. Mary's University School of Law. Dedicated to
family and community. (3-21-05)
Mike Morgan
President/CEO, National InterPrint Corporation.
Activities include: Associated Builders and
Contractors, Bayfest and Corpus Christi Country
Club Membership Committee. (4-04-06)
John W Owen
President/CEO, Goodwill Industries of South
Texas, Inc. Received B.S. in Education from the
University of Wisconsin and Goodwill Industries
International Executive Training Program.
Activities include: Southside Rotary Club, Karen
E. Henry Foundation for Accessible Housing, Texas
Association of Goodwill Industries and Leadership
c.c. Alumni. (4-20-06)
Maunce G. PortIS
Owner, Portis Kountry Kitchen. Received B.A. in
Music, M.S. in Education Administration and Ed.D.
in Music Conservation. Activities include: Rotary,
Bucarader, 100 Black Men, S1. John's Choir.
Received NAACP Presidents Award, Legends III
Music and Father of the Year. (5-02-06)
JanlIe Pvle
Vice President, Pyle & Associates, Inc. Received
RS m Civil Engineering from Oklahoma State
University. Activities include: Boy Scout Venture
Troop Advisor, Southside Rotary Club Member,
After Hours Quilters Vice President, Leadership
Corpus Christi and Texas Society of Professional
Surveyors. (8-09-04)
Nehda S. OrtJZ
Received B.A. from Texas A & m University -
Corpus Christi. Activities include: Columbus Fleet
Association, Westside Business Assocation - Board
member and recording secretary, C.c. Chamber of
Commerce, Hispanic Chamber, and Salvation
Army (4-04-06)
CurtlsA. Rock
Business Development Manager, Rock Engineering
and Testing Laboratory, Inc. Received B.A. in
Management Information Systems. Activities
include: Associated Builders and Contractors,
Leadership Corpus Christi, World Affairs Council
of South Texas, Chamber of Commerce and
Hispanic Chamber of Commerce. (4-04-06)
Latnce M. Sellers
Department Head/FSMIV, Texas Department of
Criminal Justice. Received A.A. in
Communications from Del Mar College. Activities
include: Steering Committee for Flour Bluff I.S.D.
Educational Foundation, cable access show
"( 'ommunity Outreach", and State Democratic
Executive Committee for Women. (2-23-05)
John B SmIth
Lead Pastor, First Family Church. Received B.S.
from Liberty University and pursuing M.A.
ActiVIties mclude: Leadership Corpus Christi,
WorId Affairs Council of South Texas, and Rotary
Club, (4-14-05)
Elov Soza
Volunteer, Sunny Brook Nursing Home. Received
B.S. in Biology and working on M.S. in Chemical
Engineering. Member of the Committee for
Persons with Disabilities. (4-05-06)
Sam Watson
Agent, State Farm Insurance. Received B.A. in
Psychology. Member of the National Association
of Insurance and Financial Advisors. (2-21-05)
HUMAN RELATIONS COMMISSION - Nine (9) vacancies with terms to 6-14-07, 6-14-08
and 6-14-09 representing the following categories: 5- Regular members, 1 - Rental Dwelling
and 3 Youth. The Mayor will also designate the Chairperson for a one-year term. (Mayoral
appointment with approval of Council)
DUTIES: To study problems of group relationships within the City, and to devise and
recommend to the Mayor and City Council ways and means of discouraging and combating
prejudIce, intolerance, and bigotry III all groups in their relations with one another; to discover all
practices and policies calculated to create conflicts and tensions, and to recommend ways and
means of eliminating any unfair or unjust discrimination by or against any person or group.
Recommendations ma) be presented to the Mayor and City Council directly by the Committee or
it may mstruct the Human Relations Administrator to present them to the City Manager.
COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the
Mayor with approval of the CouncIl to study problems of group relationships within the City;
one who shall represent the selling of dwellings, one who shall represent the renting of dwellings
and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall
not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11)
members shall serve Ihree-year terms. The Chairperson of the Committee for Persons with
DisabIlities servmg as an ex-officio voting member
MEMBERS TERMS
Crystal Lyons, Chalrperson 6-14-08
Sam Watson 6-14-08
Gi 1bert F \lente~ 6-14-07
*Robert Adler 6-14-06
***Dr. Carol Ledbetter 6-14-06
* Lucy Reta 6-14-06
* * * J enni fer Starr 6-14-08
***Dr. Clifton Baldwin 0-14-08
Stuart EloVltz, M.D. 6-14-07
O.K. SmIth (Selling Dwellings) 6-14-07
VACANT (Rental Dwellings) 6-14-06
**Thomas V Lopez (Youth) 6-14-06
**Tony (JR) Bonilla (Youth) 6-14-06
* * Albert Santoya (Y outhi 6-14-06
Linda Falwell-Stover (Com. Per. Dis. Chair) Ex-officio (Voting)
Errol Summerlin (Legal Aide Society) Continuous
ORIGINAL
APPTD. DATES
6-14-05
6-14-05
2-15-05
6-22-04
9-23-03
6-22-04
2-15-05
11-11-03
9-19-00
2-15-05
6-22-04
6-14-05
6-14-05
9-23-03
*Seekmg reappointment
**Not seeking reappointment
***Resigned
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Robert Adler
Lucy Reta
NO. OF MTGS.
THIS TERM
10
10
NO.
PRESENT
7 (3 exc.)
9 (l exc.)
% OF ATTENDANCE
LAST TERM YEAR
70%
90%
(Note: The Housing Authority is recommending the new appointment of Marta M. Del Angel
for the Rental Dwellings category)
OTHER INDIVIDUALS EXPRESSING INTEREST
Rental Dwelline:
Marta M. Del Angel
Recreation Leader, C.C. Housing Authority.
Attended Del Mar College. Activities include:
National Night Out, Residents Associations, and
youth programs including Community Youth
Development and Weed and Seed. (Rental
Dwellings) (5-19-06)
Ret!ular members:
Jack English
Retired, Clothing Business Owner. Received B.A.
from Baylor University. Activities include:
Chamber of Commerce, Coterie Social Club,
Salvation Army, Apropos Women's Wear and
Village Center Merchants. (Regular member) (6-
20-06)
Chriselda R. Everett
President/CEO, Workforce Network, Inc. Received
B.A. from the University of Texas at Austin.
Activities include: United Way Allocations
Committee, Southside Rotary Board Member, Self-
sufficiency Committee Member. (Regular
member) (6-07-05)
G. Douglas Johnson
Director of Human Resources, Peerless Cleaners.
Received B.A. from Texas A & M - Corpus Christi.
Activities include: Member of the Corpus Christi
Human Resource Management Association, T- Ball
coach and Southside Little League. (Regular
member) (2-23-05)
........ .C.;OO;'
Herman Lee Jones] I
Orientation and Mobility Instructor, South Texas
Lighthouse for the Blind. Received B.A in
Psychology, M.A. in IndustriaVOrganizational
Psychology and M.A in Educational Psychology
with emphasis in Orientation and Mobility.
Member of the Regional Transportation Advisory
Committee. (Regular member) 6-22-06)
Kelley A. KnIght
Interior Design Consultant. Received AA from
Miss Wades Fashion Merchandising and Interior
Design College. Activities include: American Red
Cross, Children with Disabilities Xtreme Sports
Camp, Victim Impact panel and visits prisons all
over South Texas speaking to offenders on
outcomes after cnmes. (Regular member) (6-20-
06)
JennIfer M Nesmith
Marketing Assistant, mc Bank. Graduate of Del
Mar College and Texas A & M University - Corpus
Christi. ActivitIes include: Junior League of
Corpus Christi, C.C. Literacy Council, Mentor,
Brown Bag Challenge, Phi Theta Kappa Alumni,
and Programming for Republican Future. (Regular
member) (6-09-06)
Leah Patterson
Director of Sales. Solomon P. Ortiz International
Center. Activities include: Membership Chair of
Academic Booster Club, Public Relations Chair for
Rachel's Vineyard Ministries, Celebration for Life
Committee. Board Nominee for YMCA and
Volunteer Silent No More Awareness Campaign.
(Regular member) (6-06-06)
GUIllermo "\Vinie" Perez
Retired Assistant Principal, CCISD. Received B.S.
m EnglishlHistory, and M.S. in Mid-Management
Admmistration. Activities include: LULAC, GI
Forum, Retired Teachers, Leadership Corpus
Christi and Disabled Veteran. (Regular member)
(()7-12-05)
Rev. Derrick Reaves
Semar Pastor, S1. John's Baptist Church. Has
received several professional degrees. Activities
mclude: Advisor on Mayor's Council,
Interdenominational Ministerial Alliance, and
former member of the Ethics Commission.
(Regular member) (6-30-06)
Youth members:
Analicla Banales
Student, Tuloso-Midway High School. Member of
theTuloso-Midway High School Student Council.
Received the United States Achievement Academy
Award for Minority Leadership. (Youth) (6-05-06)
Mariann Bryant
Senior, Richard King High School. Activities
include: Spanish Club, Key Club, National Honor
Society, Spanish Honor Society and ranked Top 20.
(Youth) (5-14-06)
Catie Collins
Junior, Richard King High School. Member of the
National Spanish Honor Society. (Youth) (4-13-05)
Caroline Cooper
Junior, W. B. Ray High School. Activities include:
Sea City Work Camp, Catholic Charities, Star
Leadership Program and Top 20. (Youth) (5-17-06)
Jared Cummings
Junior, Richard King High School. Activities
include: church volunteer, Church Youth President,
and multiple leadership programs at Del Mar and
the Lexington. (Youth) (4-18-05)
Jonathan Flack
Semor, Tuloso-Midway High School. Activities
include: Church Youth group, Student Council
President, Who's Who Among American High
School Students, Business Professionals of America
Leadership Academy and Student Council Project
Coordinator. (Youth) (6-08-06)
Karen Marie Maldonando
Junior, W.B. Ray High School. Activities include:
Vice President of Student Council, National Honor
Society, Spanish Honor Society and Softball.
(Youth) (5-17-06)
Amanda Leigh Villarreal
Junior, Calallen High School. Activities include:
Calallen Site Based Decision Making Team, Teen
Leadership, Junior Representative for Church, Sea
City Work Day Camp, Texas Forensic Association,
National Forensic League Association, Calallen
UIL Academic, Debate and Speech Historian and
TFA Speech Tourney Facilitator. (Youth) (5-31-
06)
PLANNING COMMISSION Three (3) vacancies with three-year terms to 7-31-09.
DUTIES: To make and amend a master plan for the physIcal development of the City; to
recommend to the City Council approval or disapproval of proposed changes in the zoning plan;
to exercise control over platting or subdividing land within the corporate limits of the city and
within an area extending five miles beyond the City limits; to submit annually to the City
Manager not less than 90 days prior to the beginning of the budget year a list of recommended
capItal improvements which in the opinion of the commission are necessary or desirable during
the forthcoming 5 year period; to require mformation from other departments of the City
government in relation to its work; to be responsible to and act as an advisory body to the City
Council and to perform such additional duties and exercise such additional powers as may be
prescribed by ordinance of the City Council.
COMPOSITION: Nme (9) members which shall consist of nine registered voters of the City
appointed by the City (~ounciL Elects its own chairman from among its membership at the first
regular meeting m August of each year
MEMBERS
R. Bryan Stone Chair
* Rudy Garza
Johnny R. Martinez
James Skrobarczyk, Sf.
A. Javier Huerta
*****Eloy H. Salazar
*****Robert Zamora
Michael Pus ley
Fred Braselton
TERM
7-31-08
7-31-06
7-31-08
7-31-08
7 -31-07
7 -31-06
7 - 3 1-06
7-31-07
7-31-07
ORIGINAL
APPTD. DATE
7 -09-02
2-22-05
7-12-05
7-12-05
7-26-05
7-11-00
7 -11-00
2-13-01
7 -13-04
*Seeking reappomtment
*****Has met the six-year limitation allowed by ordinance and is ineligible forreappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
1::;
NO.
PRESENT
25
% OF ATTENDANCE
LAST TERM YEAR
100%
NAl'\1E
Rud v Garza
NO. OF MTGS.
THIS TERM
OTHER INDIVIDUALS EXPRESSING INTEREST
Mody Boatright
Self-employed. Received Master's in Automotive
Engineering. Activities include: Mechanical/
Plumbing Advisory Board, Leadership Corpus
Christi, Corpus Christi Executive Association. (3-
03-06)
Robert Cagle
Vice President-Turnaround Division, Repcon, Inc.
Received B.S. in Engineering Science and
Mechanics and M.A. in Business Administration.
Member of the Rotary Club of Corpus Christi. (4-
21-05)
Nicolas Curiel III
Realtor, Richard Serna & Associates. Licensed as a
Real Estate Agent and Broker. Serves on the
Grievance Committee for the c.c. Association of
Realtors. (1-25-06)
Miles Graham
Senior Vice President, 1 st Commerce Bank.
Attended Del Mar College. Activities include:
Associate Member of Builders Association,
President of Flour Bluff Independent School
District Education Foundation, Home Builder and
Development Services Advisory Group. (6-30-06)
Fred Greenberg
Investment Management, Self-employed. Attended
Del Mar College and Wharton School of Finance at
the University of Pennsylvania. Activities include:
Ad Hoc Sign Committee, and former member of
Nueces County Tax Appraisal District. (1-25-06)
Paul Grivich
Extensive background in finance, accounting and
management. B.S. in Political Science, Sam
Houston State University. Activities include:
former member of the Board of Adjustment and
current member of the Nueces County Tax
Appraisal District. (2-25-05)
Willard H. Hammond, Sr.
Semi-retired, Self-employed. Activities include:
Board member of I.B.c. Bank, President Emeritus
of c.c. Apartment Association, former member of
Airport Board and real estate operations in all areas.
(6-15-06)
R. Bryan Johnson
Self-employed, Real Estate Broker. Received B.S.
in Applied Sociology from Texas State University
and pursuing M.A. from Texas A & M - Corpus
Christi to become a Certified Commercial
Investment Manager. Interested in serving the
community. (5-31-05)
Evon J Kell)
Realtor, Blue Ribbon Realty. Received B.A. from
St Mary's University and Real Estate License from
Real Estate Institute of Corpus Christi. Activities
mclude: c.c. Concert Ballet Board Secretary and
Guild Treasurer Received the Outstanding
Educator from Calallen Independent School
District (5-03-06)
Diane LaRue
Independent Marketing Director, Melaleuca, Inc.
Attended LaSalle University, Temple University
and Holy Family College. Activities include:
Mission 911, IW A Golf Chair and Gala Committee,
Blessed Sacrament Convent Auxiliary, Pan
American Roundtable and Leadership Corpus
Christi Class XXIX. (2-25-05)
Marv A Moya
Human Services Tech., Texas Department of
Family and Protective Services. Attended Del Mar
College and has a real estate license. Received a
Certificate of Appreciation from TXDFP and from
Nueces Child Welfare Foundation. (2-28-05)
Scott Polton
Manager, AT&T. Attended the University of Texas
at Austin. Activities include: Executive Committee
and State board member of Coastal Conservation
ASSOCIation, Quail Unlimited, Ducks Unlimited,
SEA and Citizen's University. (6-19-06)
John Powell
Real Estate Agent Currently a junior at Texas A &
M Corpus Christi. Has real estate education and
licenses (5-31-05)
Richard Pulido
Regional Superintendent, U.S. Navy. Received
B.S. m Business Management from Park College.
Activities include Prostate Cancer Committee with
the American Cancer Society, Leadership Corpus
Chnsti, Deacon of Gardendale Baptist Church,
Junior Achievement Volunteer Program and Cable
Communications Commission. (7-08-05)
Leo RIOS
Realtor, ReMax Metro Properties. Attended Blinn
College and Del Mar College. Activities include:
CC Board of Realtors, Texas Association of
Realtors and the Texas Real Estate Political Action
Committee. (6-02-05)
John S Taylor
President, Associated Builders and Contractors.
Received B.S. from Sam Houston State University
and M.A. for Texas A & M University. Activities
include: c.c. Chapter of American Institute of
Architects, C.c. Mustangs, c.c. Downtown Rotary
Club, c.c. Development services and Building
Code Board of Appeals. (7-12-05)
Jerry J Trevino
Attorney, Law Firm of Jerry J. Trevino, P.c.
Received B.S. in Business Management, B.S. in
Engineering and J.D. in Law. Activities include:
Knights of Columbus, Little League Board, and
various legal organizations. (11-10-05)
Marsha Williams
Realtor, RelMax Metro Properties. Received B.A.
in Business from Texas A & I University
Kingsville. Active member of the Kiwanis Club
and the RelMax Lifetime Hall of Fame. (6-09-05)
3
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Oil Patch Petroleum, Inc.,
ror lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI-0143-06
based on only responsive bid for an estimated six month expenditure of $67,451.65 of which
$] ],24] 94 is budgeted 10 FY05-06" The term of the agreement shall be for six months with an
option to extend for up to four additional six month periods. subject to the approval of the
suppliers and the City Manager or his designee. Funds have been budgeted by using departments
in FY 05-06 and requested for FY06-CP
..................................................................................
BACKGROUND:
Purpose
These items are used by the Fire Department, Maintenance
Services, and Solid Waste Department during routine scheduled
maintenance work on City owned vehicles and equipment.
PreVIOus Contract:
The option to extend the previous contract was not exercised due
to the vendor's inability to maintain pricing, therefore, requiring
the City to issue new bid invitations.
Bid Invitations issued:
Twelve
Bids Received:
Two
Price Analysis:
When compared to the previous bid of2006, pricing has increased
approximately 9%. According to the vendor, the increase is due to
the contmued tight market for oil and oil based products.
Award Basis:
Only Responsive Bid
The bId received from Arnold Oil, Company, Corpus Christi,
Texas has been deemed as non-responsive for failure to submit
fIrm fixed pricing as required.
Funding:
Solid Waste Department
Fire Department
Maintenance Services
520050-1020-12520
520050-1020-35100
520050-5] ] 0-401 00
520050-5110-40140
$5,000.00
1,241.94
3,750.00
1,250.00
"
Grand Total:
$] 1,241.94
----
BID INVITATION NO. BI-0143-06
LUBRICATING OILS. GREASES
& ANTIFREEZE
BUYER: GABRIEL MALDONADO
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
iTEM
DESCRIPTION
OIL PATCH PETROLEUM
Corpus Christi, Tx
UNIT TOTAL
PRICE PRICE
ARNOLD OIL
Corpus Christi, Tx
UNIT TOTAL
PRICE PRICE
!) HYDRAULIC OIL (AW46) $5,997.00 $7.074.00
~' 0 HYDRAULIC OIL (AW68) 5,029.65 4,237.05
30 UNIVERSAL TRACTOR FLUID 9.110.00 9.285.00
40 MOTOR all 15 w 40 11,240.25 11.307.15
50 MOTOR OIL 5 w 30 8.794.25 9,182.25
fO MOTOR OIL 10 w 30 1,720.00 1.873.00
- 0 MOTOR OIl. 30 w 1.4 76.25 1.675.90
80 MARINE OUTBOARD MOTOR Oil 2,376.00 2.771.00
90 AUTOMATIC TRANSMISSION FLUID 4.444.45 4.571.95
(DEXTRaN III/MERCON)
10.0 AUTOMATIC TRANSISSION FLUID 8.226.60 8,036.00
(MERCON V)
'1.0 EXTREME PRESSURE GEAR LUBE 1,426.90 1,276.90
2.0 ANTIFREEZE-FULL STRENGTH 6.919.30 7.328.95
13.0 ANTIFREEZE (DEXCOOL) - FULL STRENGHT 691.00 520.20
$67,451.65 69.139.35
Note: The bid received from Arnold Oil, Company, Corpus Christi, Texas
has been deemed as non-responsive for failure to submit firm
fixed pricing as required.
4
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of five (5) heavy trucks and the
lease/purchase of three (3) heavy trucks In accordance with Bid Invitation No. BI-0151-06 from the
following companies in the following amounts based on low bid for a total amount of$501,519.88.
All eight units are replacements. Funding is available for the five units to be purchased from the FY
2005-2006 Capital Outlay budget In the Maintenance Services Fund. Financing will be provided
through the City's lea'le/purchase financing program for the three units to be lease/purchased.
Grande T ruck Center
San Antonio, TX
7 Units
$425,756.00
Fleet Pride International
Corpus Christi. TX
I Unit
$75,763.88
Grand Total: $501,519.88
**********************************************************************************
Purpose:
The trucks will be used by the Water, Storm Water and Waste Water
Departments Replaced units will be disposed of through standard
disposal of surplus property procedures, including live auctions and/or
electronic auctions.
Bid Invitations Issued.
Fifteen
Bids Received:
Three
Price Analysis:
The City last purchased similar items in 2003 and pricing has increased
8%.
Basis of Award:
Low Bid
Funding:
Bid Items I, 4 and 5 will be purchased and funded through:
Maintenance Services Fund $345,326.88
550020-5110-40120
Capital Outlay Nos. 44, 86, 87,96 and 56
Bid Items 2 and 3 will be funded through the City's lease/purchase
financing agreement for a sixty-month period. The estimated interest rate is
5.5%. The actual interest rate will be determined after acceptance of the
vehicles.
The estimated annual payment is $35,801.64. Total estimated cost over the
sixty-month period, including principal of $156,193. 00 and interest of
$22,815.20, is $179,008.07.
The scheduled delivery date for lease/purchase Items 2 and 3 is December
2006. Therefore, funding is not required through the end of FY 05-06.
Funds have been requested by the Water and Storm Water Departments in
FY 06-07 and will be requested in all subsequent budget years.
Capital Outlay Nos. 52, 88 and 89
-----
Michael Barr a
Procurement & General ServIces Manager
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5
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Comlink Wireless Tech Inc.,
(Comlink) Grapevine, Texas for radio replacement batteries for the total amount of$94,767.87, of which
$7,897.34 is budgeted in FY 05-06. The term of the supply agreement will be for twelve months with an
option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and
the City Manger or his designee. Funds have been budgeted by the using departments in FY 05/06 and
requested for FY 06/07.
*******************************************************************************************
BACKGROUND
Purpose:
This bid invitation is a cooperative effort between the City of Corpus and
Nueces County. Nueces County will enter into their own contract with the
successful bidder.
The batteries are required to operate the two way radios used by Police
personnel in communicating with a central dispatcher and among
themselves. Fire, Aviation and the Utility Departments also utilize these
batteries.
A ward BaSIS
Police personnel use these batteries in carrying out their day to day duties of
protecting the public. The Police Department has field tested other batteries
on the market and found them to be less reliable than the batteries sold by
Comlink. This contract is exempt from the competitive bidding statutes as a
procurement necessary to preserve or protect the public health or safety of
the municipality's residents.
Price Analysis:
Pricing has decreased 11 % since the last bid of 2002.
Funding:
--.
Police
1020-11801-530240
Fire
1020-12040-530240
Aviation
4610-35005-530240
4610-35010-530240
4610-35020-530240
4610-35030-530240
4610-35040-530240
4610-35050-530240
4610-35000-530240
Gas
4130-34130-530240
Street
1020-12310-520090
$6,510.13
875.42
37.50
37.50
25.00
13.33
62.50
136.94
8.33
153.94
36.75
Mic el Barrera,
Procurement & General ServIces Manager
Total: $7,897.34
BID INVITA.TiON NO. BI-0080-06
REPLA.CEMENT BATTERIES FOR ERICSSON
G.E RADlm
BUYER (;INA SANCHEZ
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
COMLlNK
WIRELESS
BID Grapevine, TX
ITE.M DESCRIPTIO['-, OTY UNIT UNIT PRICE TOTAL
II Batter; for Encsson "4LJ Each S 63.00 $ 47,187.00
MPAJMPC Radio. RH607
.:'1 Battery for Ericsson j1;J Each $ 66.00 $ 20,592.00
pes Radio, BN2932
:1 Battery for Ericsson Portabl8 04 Each $ 54.40 $ 5,657.60
Radio BK8 191210;4 RbA
4.1 Battery for Ericsson LPE!Pnsrn 385 Each $ 40.80 $ 15,708.00
Radio. BKB 191202 R2p
".1 Battery for Ericsson Portabl," 53 Each $ 52.79 $ 2,797.87
Radio. BKB 191210n
6) Battery for Ericsson 21 Each $ 81.60 $ 1,713.60
MPNM/MTL Radio. R860f
7) Battery for Ericsson , Each $ 71.40 $ 499.80
Portable Fadio. BN2782!1~
8) Battery for Ericsson Portable 9 Each $ 68.00 $ 612.00
Radio BKB-191202/2RIB
lOTA', $ 94,767.87
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 11, 2006
AGENDA ITEM:
~. Resolution authonzing the City Manager, or his designee, to accept a grant from the
Coastal Bend RegIOnal Advisory Council in the amount of$5,164.44 to be used for the purchase
of equipment, supplies, and services to support the delivery of emergency medical services for
the Corpus Christi Fire Department.
B. Ordinance appropnating $5,164.44 from the Coastal Bend Regional Advisory Council
mto the 1056 ambulance fund to purchase equipment, supplies, and services to support the
delivery of emergency medical services for the Corpus Christi Fire Department; and declaring an
emergency
ISSUE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City
a series of checks as a grant in the amount of $5,164.44. This is a direct grant for the benefit of the
City's ElvIS operations. No application was required.
This is the sixth year that the RAe has distributed similar grants. Every EMS agency within the
twelve county Coastal Bend area, who is actively participating in the RAC, is receiving funding
based upon the number of trauma responses they make. The funds originate from the Texas
Department of State Health Services and are routed to the RAe.
REQUIRED COUNCIL ACTION: Council's adoption of the motion and ordinance are necessary
to permit utilization of these funds
PREVIOUS COUNCIL ACTION: The Council has previously approved five similar grants.
CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve the
ordinance to appropriate the funds to the Ambulance Fund 1056 to purchase equipment, supplies,
and services to support the delivery of emergency medical services.
RiChar~ Fire Chief
RESOLUOON
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT FROM THE COASTAL BEND REGIONAL
ADVISORY COUNCIL IN THE AMOUNT OF $6,164.44 TO BE USED
FOR THE PURCHASE OF EQUIPMENT, SUPPLIES, AND SERVICES
TO SUPPORT THE DELIVERY OF EMERGENCY MEDICAL SERVICES
FOR THE CORPUS CHRISTI FIRE DEPARTMENT.
IE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to accept a grant in the
amount of $5,164.44 from the Coastal Bend Regional Advisory Council for the purchase
of equipment, supplies and services to support the delivery of Emergency Medical
Services for the Corpus Christi Fire Department.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED:
J" (~~ ,2006.
By:
W/~
Joseph a y "6
Assistant City Attorney
For City Attomey
ReIO-CBRAC-grlnt2
.,....... -~...
2
Corpus Christi, Texas
of I 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
R8IO-C8RAC-grant2
AN ORDINANCE
APPROPRIATING $5,184.44 FROM THE COASTAL BEND REGIONAL
ADVISORY COUNCIL INTO THE NO. 1056 AMBULANCE FUND TO
PURCHASE EQUIPMENT, SUPPLIES, AND SERVICES TO SUPPORT
THE DELIVERY OF EMERGENCY MEDICAL SERVICES FOR THE
CORPUS CHRISTI FIRE DEPARTMENT; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISn,
TEXAS:
SECTION 1. That $5,164.44 from The Coastal Bend Regional Advisory Council is
appropriated in the 1056 Ambulance Fund to purchase equipment, supplies and
services to support the delivery of Emergency Medical Services for the Corpus Christi
Fire Department
SEcnON 2. That upon written request of the Mayor or five Council members, copy
alaChed, the City Council (1) finds and dedares 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 11th day of July, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED:
: /
'.1 v (~\ , 2006
By:
~/!r--/
Joseph amey 0
Assistant City Attorney
For City Attorney
OnMppr-Flre-CBRAC
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 I
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
J<<ry Garcia
BIf Kelly
Rex A. Kinnison
J_. Noyola
Mlrk Scott
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 7/11/06
AGENDA ITEM: Ordinance appropriating $23,301.25 from the sale of seized vehicles
in the NO.1 061-821 005 for purchase of equipment and training of officers and
declaring an emergency.
ISSUE: Chapter 59 of the Code of Criminal Procedure, which is entitled Forfeiture of
Contraband, allows our department to seek forfeiture of certain property used in the
commission of a felony
BACKGROUND INFORMATION: Evading police in a vehicle is a felony; therefore their
vehicles become subjed to asset forfeiture. The funds from sale of forfeited property
must be appropriated and used for law enforcement purposes.
The Juvenile Enforcement Team frequently seizes vehicles used in the commission of
a felony and the proposed appropriation of funds will be used for equipment and
training of these officers.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds.
~~
K.A. Bung
Acting Chief of Police
Mtachments:
ORDINANCE
APPROPRIA nNG $23,301.25 FROM THE SALE OF SEIZED VEHICLES
IN THE NO. 1011-821005 FUND FOR PURCHASE OF EQUIPMENT
AND TRAINING OF OFFICERS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $23,301.25 from the sale of seized vehicles is appropriated in the
No. 1061-821005 Fund for the purchase of equipment and training of police officers.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this, the 11th day of July, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Henry Garrett, Mayor
Approved as to form t;L I'J (' I 2006
JosePh~ ~
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, l!we
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
BiH Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
Julv 11.2006
AGENDA ITEM: ORDINANCE APPROPRIATING $9,053 FROM THE UNRESERVED FUND
BALANCE IN NO. 5611 LIABILITY/EMPLOYEE BENEFITS-LIABILITY FUND, $10,890 FROM THE
UNRESERVED FUND BALANCE IN NO. 5612 LIABILITY/EMPLOYEE BENEFITS-WORKERS
COMPENSATION FUND. $3,293 FROM THE UNRESERVED FUND BALANCE IN NO. 5613
LIABILITYIEMPLOYEE BENEFITS-ADMINISTRA TION FUND; AND TRANSFERRING TO NO. 4710
VISITORS F AC1LITlES FUND TO REIMBURSE THE VISITORS F ACILITlES FUND; AMENDING FY
2005-2006 ANNUAL BUDGET ADOPTED BY ORDINANCE 026385 BY INCREASING
APPROPRIA TIONS AND REVENUES BY $23,236; AND DECLARING AN EMERGENCY.
ISSUE: This ordinance will reimburse the Visitors Facility fund for former Coliseum employee self insurance
costs for the period of November 1.2004 through July 31 2005
REQIJIRED COUNCIL ACTION:
FUNDING: Unreserved Fund Balance of Fund No 5611.5612 and 5613
CONCLlJSION AND RECOMMENDATION: Approval of the Ordinance.
')
~tJ f ~k
Eddie Houlihan
Assistant Budget Director
Attachments:
BACKGROUND INFORMATION
\lemorial ColIseum was only operated for the first quarter ofFY05 (August 1, 2004
through October 3 I, 2004) A Self Insurance allocation was charged to the Memorial Coliseum
m the Visitors' Facditv Fund for the ftlll year The portion of the allocation related to property,
wind and flood msurance should be charged for the filII year since these costs would be incurred
regardless of the status of the building The portion of the allocation related to the employees
(i.e, workers' Compensation, Surety bonds, Unemployment, etc ) should have been charged for
only three months The amount charged for the Self Insurance allocation was $78,060 - the
corrected SelfInsurance allocation is $54,824 leaving a difference of$23,236 to be refunded from
the Unreserved Fund Balance in No 5011 LiabilitylEmployee Benefits-Liability Fund ($9,053),
No 5612 Liability/Employee Benefits- Workers' Compensation ($ 10,890) and No. 5613
Liability/Employee Benetits-Admmistration ($3,293) to the No. 4710 Visitors' Facility Fund.
ORDINANCE
APPROPRIATING $9,053 FROM THE UNRESERVED FUND BALANCE
IN NO. 5611 LIABILITY/EMPLOYEE BENEFITS-LIABILITY FUND,
$10,890 FROM THE UNRESERVED FUND BALANCE IN NO. 5612
LIABILITY/EMPLOYEE BENEFITS-WORKERS COMPENSATION
FUND, $3,293 FROM THE UNRESERVED FUND BALANCE IN NO.
5613 LIABILITY/EMPLOYEE BENEFITS-ADMINISTRATION FUND;
AND TRANSFERRING TO NO. 4710 VISITORS FACILITIES FUND TO
REIMBURSE THE VISITORS FACILITIES FUND; AMENDING FY 2005-
2006 ANNUAL BUDGET ADOPTED BY ORDINANCE 026385 BY
INCREASING APPROPRIATIONS AND REVENUES BY $23,236; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $9,053 from the unreserved fund balance in No. 5611 Liability!
Employee Benefits - Liability Fund, $10,890 from the unreserved fund balance in No.
5612 Liability/Employee Benefits-Workers Compensation Fund, $3,293 from the
unreserved fund balance in No 5613 Liability/Employee Benefits-Administration Fund;
are appropriated and transferring to No. 4710 Visitors Facilities Fund to reimburse the
Visitors Facilities Fund; for former Coliseum employee self insurance costs.
seCTION 2. That the FY 2005-2006 annual budget adopted by Ordinance 026385 is
amended to increase appropriations and revenues by $23,236.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
Immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of
2006.
A TrEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: July 6. 2006
Lisa Aguilar, sistant City Attorney
for City Attorney
Corpus Chnsti, Texas
_ Day of
______., 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth In the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E Marez
Jesse Noyola
Mark Scott
9
AGENDA MEMORANDUM
City Council Action Date: July 11, 2006
SUBJECT: Northwest Library Expansion (Project No. 4319)
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to execute a construction contract
with Nuway International of Corpus Christi, Texas, in the amount of $1 ,378,948.58 for
the Base Bid and Additive Alternate NO.1 for the Northwest Library Expansion.
B. Motion authorizing the City Manager or his designee to execute Amendment No.2 to
the contract for professional services with Solka Nava Torno Architects in the amount of
$61.840 for a total restated fee of $270,005 for the Northwest Library Expansion.
I,SUE: The City-wide November 2004 Bond Election allocated $2,000,000 for the purpose
of adding 5,000 square feet and renovating and reconfiguring the existing 7,340 square
feet. During a scope definition meeting with the architects and City staff, it was determined
that the 5,000 square foot expansion should occur to the north of the property. Land
purchase should be sufficient in size to allow a future driveway from the rear parking area
to be extended to McKinzie Road.
F,UNDING: Funds for this project are available from the FY 2004-2005 Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
1iJ/-1l ('J-
Herbert Canales
Director of Libraries
,.
--
7 " 'tJ~
I R. Escobar, P.E.
irector of Engineering Services
~ional SUDDort Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Bid Tabulation
Exhibit "Oil Project Budget
Exhibit "E" Location Map
H:\HOME1RachelleIGENIPubhC Fac,litiesI4319.NW L,brary\ConstructionlAgenda Memo doc
BACKGROUND INFORMATION
SJ,JBJECT: Northwest Library Expansion (Project No. 4319)
BOND ISSUE 2004 PROJECT
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
Improvements for the community, Bond Issue 2004. The November 2,2004 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities. provide for growth, and protect the City's investment in its infrastructure.
.eJtOJECT DESCRIPTION (Construction): The proposed project consists of the following:
The Northwest Library was built to provide library services to the residents of Corpus
Christi residing in the Northwest area of the City. The existing facility currently contains
7,340 square feet. The City-wide November 2004 Bond Election allocated $2,000,000 for
the purpose of adding 5,000 square feet and renovating and reconfiguring the existing
7,340 square feet. Since the original construction was completed in 1982, additional
parking was added to the rear of the property in 1998 and roof repairs were made in 2004.
During a scope definition meeting with the architects and City staff, it was determined that
the 5,000 square foot expansion should occur to the north of the property. Land purchase
should be sufficient in size to allow a future driveway from the rear parking area to be
extended to McKmzle Road
Specifically, the project consists of exterior building renovations to cement plaster finishes
and glazing, a new entry canopy structure, and a complete interior reconfiguration including
new partitions. floor, wall and ceiling finishes, and replacement of existing mechanical,
plumbing and electrical systems. The new addition consists of a slab-on-grade foundation,
structural steel frame, built-up roofing system, exterior cement plaster finishes, storefront
and glazing, interior finish-out, and new mechanical, plumbing and electrical systems, in
accordance with the plans, specifications and contract documents.
lID INFORMATION: This project consists of the following:
. Base Bid
. Additive Alternate NO.1 - Entry Canopy
. Additive Alternate NO.2 - Asphalt Repairs
. Additive Alternate NO.3 - Additional Parking
. Additive Alternate No 4 - Loop Road
H:\HOME\Racheli8\GEN\PuhfC F ac+lilI8S\431 ~.-NW lIbrary\C:mstrlicllCn\.A.genda Background doc
The City received proposals from five bidders on June 7, 2006 (see Exhibit "C" Bid
Tabulation). The engineer's estimated construction cost is $1,315,600. Bids ranged from:
· Base Bid: $1,342,585.58 to $1,755,295.00
· Additive Alternate NO.1: $36,363.00 to $70,000.00
· Additive Alternate NO.2: $16,000.00 to $35,500.00
· Additive Alternate NO.3: $57,815.00 to $78,000.00
· Additive Alternate NO.4: $43,749.00 to $57,000.00
· Total: $1,496,512.58 to $1,995,795.00
Solka Nava Torno Architects and City staff recommend that a construction contract be
awarded in the amount of $1,378,948.58 to Nuway International Inc. of Corpus Christi,
Texas for the Base Bid and Additive Alternate NO.1. As the project progresses, it is the
intent of the City to award additional additive alternates as funding allows through the use
of available contingency funds.
CONTRACT TERMS: It is proposed that the project be completed in 305 calendar days,
with completion anticipated in June 2007.
IQ,NTRACT SUMMARY: A contract summary for Amendment NO.2 to the contract for
professional services with Solka Nava Torno Architects is attached as Exhibit "8."
PRIOR COUNCIL ACTION:
1. November 2, 2004 - Resolution expressing official intent to reimburse costs ofthe 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9. 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi (Ordinance No. 026022).
3. March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800. (Ordinance 026188)
4. May 17, 2005 - Ordinance appropriating $196,385 from City Hall CIP Fund 3160,
transferring to and appropriating in Library CIP Fund 3210 for the Northwest Library
Expansion; amending capital budget adopted by Ordinance No. 026188 by increasing
appropriations by $392,770. (Ordinance No. 026262)
5. May 17. 2005 - Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Solka Nava Torno Architects in the amount of
$196,385 for the Northwest Library Expansion. (Motion 2005-147)
PRIOR ADMINISTRATIVE ACTION:
1. AUQust 26. 2004 - Distribution of Request for Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2. March 25.2005 - Addendum NO.1 to the Request for Qualifications No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
3. April 13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
4. June 2. 2006 - Administrative approval of Amendment NO.1 to the contract with Solka
Nava Torno Architects in the amount of $11 ,780 for the Northwest Library Expansion.
"l:\HOME\RacheileIGENIPubhc fac,lit,esI431.-NW LNaryIConstruct:Jr-\Agenda Background doc
CONTRACT SUMMARY
This City of Corpus Christi, Texas hereinafter called "CITY", and Solka Nava Torno Architects,
hereinafter called "CONSULTANT", agree to the following amendment to the Contract for
Professional Services for Northwest Library Expansion (Proiect No. 4319) as previously
authorized and amended by
Original Contract___
Amendment No.1
=M~ 17, 2005.=~--Motion No. 2005-147
June 2, 2006 Administrative A roval
$196,385.00
$11,780.00
· In the original contract, Exhibit 'A' PART 1. SCOPE OF SERVICES, SECTION A. BASIC
SERVICES, 2. Desion Phase shall be modified by the addition of the following scope:
Preparation of bid documents for the architectural alternates and coordination of the
work for the civil engineering alternates.
· In the original contract, Exhibit 'A' PART 1 SCOPE OF SERVICES, SECTION A. BASIC
SERVICES, 4. Construction Phase shall be modified by the addition of the following scope:
Attendance at numerous additional on-site meetings and pre-installation conferences.
· In the original contract, Exhibit "A", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL
SERVICES, 4. Construction Observation Services shall be modified by the addition of the
following scope.
Provide an average of 20 man-hours per week during the 44 weeks of projected
construction time.
SCHEDULE OF FEES
--
ORIGINAL
CONTRACT AMD. NO.1 AMD. NO.2 TOTAL
IlAslc SERVICES
1 Preliminary Phase $8,650.00 $0.00 $0.00 $8,650.00
2 Desion Phase 91,350.00 11,780.00 7,370.00 110,500.00
3 Bid Phase 7,550.00 0.00 0.00 7,550.00
4 Construction Phase 27,450.00 0.00 15,810.00 43,260.00
Subtotal Basic Services 135,000.00 11,780.00 23,180.00 169,960.00
ADDITIONAL SERVICES
Permit Preparation and Fees (as i
1 applicable) (AUTHORIZED) 5,585.00 0.00 0.00 5,585.00
2 Topographic Survey (AUTHORIZED) 8,500.00 0.00 0.00 8,500.00
3 Library Consultant 0.00 0.00 0.00 0.00
4 Construction Observation Services 34,500.00 0.00 38,660.00 73,160.00
5 Formal Presentations (AUTHORIZED) 6,600.00 0.00 0.00 6,600.00
6 Warranty 6,200.00 0.00 0.00 6,200.00
Subtotal Additional Services i 61,385.00 0.00 38,660.00 100,045.00
.--- -_. ~.~ _.1'
TOTAL AUTHORIZED FEE $196,385.00 $11,780.00 $61,840.00 $270,005.00
H"\HOME\Rache11e\GEN\Pubilc Fa':lllties\431C-NW L,hrary\.A,,)(j N' "'"1tract Summar\' doc
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NORTHWEST LIBRARY EXPANSION
(PROJECT NO. 4319)
PRELIMINARY PROJECT BUDGET
July 11, 2006
ESTIMATED
BUDGET
I $ 2,056,245.581
FUIOS REQUIRED:
Construction Cost (Nuway International) $ 1,378,948.58
Construction Continaencies 88,008.00
AlE Consultants (Solka Nava Torno Architects) 270,005.00
Asbestos Abatement 20,000.00
Land Acquisition 41,668.00
F umishinas & Eauioment 125,000.00
Enajneerina Reimbursements 50,179.00
Administrative Reimbursements 43,011.00
Incidental Expenses (Printina, Advertisina, etc.) 7,168.00
Teslna (Geotech & Quality) 14,337.00
Municipal Art $ 17,921.00
T otaf.. ... . . .. . ................................................................................................ $ 2,056,245.58
EXHIBIT "D"
Page 1 of 1
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PROJECT LOCA TION
NORTHWEST LIBRARY
CITY PROJECT No. 4319
LOCA TION MAP
NOT TO SCALE
EXHIBIT "E"
NORTHWEST LIBRARY EXPANSION
PROJECT
CITY COUNCIL EXHIBIT ~
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1 =" =
DATE 07-05-2006 ~
10
AGENDA MEMORANDUM
DATE: July 11,2006
SUBJECT: Utilities Building Re-Roof Project 2006 (Project No. 8558)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract in the amount of $115,035 with Sechrist-Hall Company of Corpus
Christl, Texas for the Utilities Building Re-Roof Project 2006.
g,SUE: The proposed project is necessary to replace the roof at the Utilities Building
located at 2726 Holly Road. The roof is old and has been in poor condition for a number of
years The total contract fee of $115,035 exceeds the $25,000 contract limit; and requires
City Council approval.
F,.....DING: Funds for this project are available In the FY 2005-2006 Water and
Wastewater Capital Operating Budget
ATION: Staff recommends approval of the motion as presented.
/'
Eduardo Garana, P E
Director of Water Department
~~
g I R. Escobar, P. E.,
irector of Engineering Services
~~~, ?)S/O<p
Foster Crowell, '
Director of Wastewater Department
Itddjtional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tabulation
Exhibit "D" Location Map
H:\USERS/\HOt,1F\VEI.MAP\(-;FN"JVA. :.'ER\A'<S8\AGFNOA ~lFMC:l
BACKGROUND INFORMATION
SUBJECT: Utilities Building Re-Roof (Project No. 8558)
PROJECT DESCRIPTION: The proposed project consists of re-roofing approximately
20,100 square feet of existing roof, commencing on 18 September 2006, consisting of
all work including: removal of all existing roofing system and substrate; installation of
new roof membrane system Including parapet flashing, metal fascia, expansion joint
cover plumbing vent flashing and gutter and downspout; and site cleanup with proper
disposal of all matenals. all in accordance with the drawings, specifications, and
contract documents
BiD INFORMATION: Bids were received on June 21, 2006 with two (2) bidders
submitting proposals The two (2) bidders are Sechrist-Hall Company and Haeber
Roofing Company. See Exhibit' C' Bid Tabulation. The bid proposal was set up as a
Base Bid The Bid Proposal submitted by Haeber Roofing Company is an Irregular Bid
for failure to submit Sections A-28 Considerations for Contract Award and Execution, A-
29 Contractor's Flela Administration Staff, and A-30 Amended "Consideration of
Contract" Requirements as specified in the Plans and Specifications.
Sechnst-Hall Company has successfully completed projects with the City of Corpus
Christl. Therefore. the City's consultant, Chuck Anastos Associates, Inc., and City staff
recommend awarding the Base Bid in the amount of $115,035 to Sechrist-Hall
Company of Comus Christi, Texas
CONTRACT TERMS: The contract specifies that the working time for completion is 90
calendar days and that work shall commence on 18 September 2006. Anticipated
project completion IS 16 December 2006.
FUNDING: Funds for thiS project are available In the FY 2005-2006 Water and
Wastewater Capital Operating Budget.
PRIOR COUNCIL ACTION:
1. Julv 26, 2005 - Approval of the FY 2005-2006 Capital Operating Budget
(Ordinance No. 026385)
PRIOR ADMINISTRATIVE ACTION:
1. April 27, 2006 - Executed Small AlE Agreement with Chuck Anastos Associates,
Inc. in the amount of $14,500 for the Utilities Building Re-Roof Project 2006.
EXHIBIT "A"
Paqe 1 of 1
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UTILITIES BUILDING RE-ROOF PROJECT 2006
(PROJECT NO. 8558)
July 11, 2006
FUNDS AVAILABLE:
Water .
Wastewater.
Total
FUNDS REQUIRED:
Construction (Sechrist-Hall Company). ...... ...
Contingencies (10%)..
Consultant (Chuck Anastos Associates, Inc.). .
Major Projects Activity. . .
Construction Inspection Activity
Printing
Advertising.
Total
i' SERS2\HOME\VE L MAPIGEN-.WA TER\8558\PR iJJECT BUDGET
$73,767.50
$73,767.50
147,535.00
$115,035.00
11,500.00
14,500.00
500.00
5,000.00
500.00
500.00
$147,535.00
EXHIBIT "B"
Page 1 of 1
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UTILITIES BUILDING
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HOLLY ROAD
PROJIJICT NO. 8558
SITE PLAN
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EXHIBIT "D"
UTILITIES BUILDING RE-ROOF
PROJECT 2006
CITY COUNCIL EXHIBIT ~
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 06/21/2006 ~
11
AGENDA MEMORANDUM
City Council Action Date: July 11, 2006
SUBJECT: Corpus Christi Ship Channel Utility Crossing (Project No. 7173/8429)
And Removal of Lines (Project No. 8549)
62ENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc.
(Shiner, Moseley & Associates, Inc.) of Corpus Christi, Texas in the amount of $162,344,
for a total re-stated fee of $445,044, for the Corpus Christi Ship Channel Utility Crossing.
U;SUE: The existing utility crossing was installed in 1959 and consists of two 12-inch
(outside diameter) steel water mains, two 12-inch (outside diameter) steel wastewater
mains and two 10-inch (outside diameter) steel gas mains, as well as one fire alarm cable.
These lines are approaching the end of their useful life and are not deep enough to
accommodate the Port of Corpus Christi's current plan to widen and deepen the Corpus
Christi Ship Channel. New water and wastewater mains will be installed approximately 30
feet lower than at present. HDRIShiner Moseley has provided and is continuing to provide
out-of-scope and additional services for this project; therefore, an amendment to their
contract for professional services is being requested and Council approval is required.
FUNDING: Funds for this project are available from the FY 2004-2005 Utilities Capital
Improvement Program Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~
.~~~~~ fJ.l,"/<7/ ~
Foster C rowel!
Director of Wastewater Services
frlJ: ~p./ r~n
A~e R. Escobar, P.E.
Director of Engineering Services
7.(,. ~
amltional Support Material:
8chibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:\HOMElRachelleIGENIWaslewater\7173 & ~429\Amd No . IAgenda Memo.doc
BACKGROUND INFORMATION
SUBJECT: Corpus Christi Ship Channel Utility Crossing (Project No. 7173/8429)
And Removal of Lines (Project No. 8549) - AMENDMENT NO.1
AMENDMENT NO.1 DESCRIPTION: HDRIShiner Moseley has provided and is continuing
to provide out-ot-scope and additional services for the project, including the following:
· ADDITIONAL CONSTRUCTION OBSERVATION SERVICES:
1. Base Bid 1 originally had a 120-calendar day (four months) construction contract
duration. In the original construction contract, the contractor is allowed to work
Saturdays and 24 hours per day for drill pull-back operations. Saturdays and 24 hour
per day operations are not covered in the original engineering services contract.
AMOUNT: $12,584.00
2. Contractor Change Order No. 1 to Base Bid 1 was a contractor's request to work
extended hours dUring the drilling and reaming operations. Construction observation for
these extended hours was not included in the original engineering services contract.
Change Order NO.1 was a City credit for $13,000 from the contractor to cover the
additional construction observation required during extended working hours.
Construction observation services for these extended working hours are not covered in
the original engineering services contract
AMOUNT: $13,000.00
3. Change Order NO.3 to Base Bid 1 increased the construction contract by 45 calendar
days to accommodate relocating the drill entry points to reduce the risk of a drilling mud
"frac-out" and negatively impacting the foundation of the Corpus Christi Museum of
Science and History Construction observation services for the additional 45 calendar
days are not covered in the original engineering services contract.
AMOUNT: $16,916.00
4. Construction observation services for Base Bid 2 were not covered in the original
contract for engineering and consulting services This project has a 180-calendar day
construction schedule.
AMOUNT: $76,164.00
5. Base Bid 1 Contractor's Change Order NO.2 and Change Order NO.3 - On December
19. 2005, the contractor experienced a drilling mud "frac-out" adjacent to the Corpus
Christi Museum of Science and History while reaming the first of four bore holes as part
of the horizontal drilling procedure with the City's concurrence. The drill entry points for
the remaining three bores were relocated to the west and south to reduce the risk of
impact to the museum resulting from potential frac-out while completing the remaining
bores This frac-out could not have been anticipated and was not the result of
erroneous construction documents. HDRIShiner Moseley performed additional tasks
that are not typical construction contract change orders. They coordinated with Rock
'.i \HOME\Ra(1)el!e\GEN\V~'as'i3.....a'_f:'r'.7i- _-~ & 8':29\Amc No Agen1.::J2;d~.~,ground d,y
Engineering and Testing Laboratory Inc. (RETL) regarding the potential impact of the
frac-out on nearby structures and recommendations for mitigating the problem. The
consultant developed a traffic control plan for the closure of Mesquite Street and
coordinated with the City Traffic Engineering Department, the Solomon Ortiz Center,
and the Corpus Christi Museum of Science and History. They also revised the water
line and wastewater line tie-in locations on the south side of the Corpus Christi Ship
Channel, and coordinated with Urban Engineering regarding revising the location of the
proposed Hughes Street Pump Station Discharge.
· ADDITIONAL BID PHASE SERVICES:
Engineering Services for project re-bid and reformatting of documents. These services
were provided in response to a need resulting from circumstances outside the control of
HDRIShiner Moseley. Bids were opened on August 17, 2005 and all bids were rejected
on August 25, 2005 due to contractor failure to properly complete their bids. At a
meeting on August 25, 2005, the City Attorney rejected all bids. At the request of the
City. HDRIShiner Moseley revised the format of the bid documents and re-bid the
project. Construction documents were reformatted at the request of the City. Bids were
opened on October 12, 2005 and two contracts were subsequently awarded to two
different contractors.
AMOUNT: $3,900.00
· ADDITIONAL DESIGN PHASE SERVICES:
1. Side Slope Stability Investioation -In March 2004, the City requested that HDRIShiner
Moseley initiate a study to investigate the stability issues with the Corpus Christi Ship
Channel side-slopes to address concerns from the USACE regarding construction costs
to re-establish the side-slopes after removal of the utilities. Shiner Moseley coordinated
a geotechnical investigation, reviewed existing drawings, performed a conceptual
assessment of side-slope stability, and began investigating potential construction
methods. In April 2004, the City directed the firm to halt the investigation prior to its
completion and proceed with design to include removal of the utilities from within the
side-slopes.
AMOUNT: $17,800.00
AMOUNT: $9,980.00
2. TCEQ Permit Issues - On October 14, 2004, the City directed HDRIShiner Moseley to
contact the TCEQ to initiate TCEQ review of the installation of new utilities. The
consultant coordinated with TCEQ regarding water line testing and casing, as well as
approval of the wastewater line through Spring 2005. (This coordination was not
anticipated as the City of Corpus Christi had historically been reviewing water and
wastewater projects in-house without submitting them to TCEQ for approval.) Approval
to waive installation of a cased waster-line crossing was obtained.
AMOUNT: $12.000.00
TOTAL OF AMENDMENT NO.1: $162,344.00
FUTURE COUNCIL ACTION: Any necessary construction contract change orders.
p,ROJECT BACKGROUND: The existing utility crossing was installed in 1959 and
consists of two 12-inch (outside diameter) steel water mains, two 12-inch (outside
diameter) steel wastewater mains and two 10-inch (outside diameter) steel gas mains, as
well as one fire alarm cable, These lines are approaching the end of their useful life and
EXHIBIT "A"
Pa e 2 of 5
H:\HOMEIRachelieIGENlWaslewater\7 c 73 & 'i429\AMd No "Agenda Hackground doc
are not deep enough to accommodate the Port of Corpus Christi's current plan to widen
and deepen the Corpus Christi Ship Channel. New water and wastewater mains will be
installed approximately 30 feet lower than at present. The gas mains and fire alarm cable
are no longer needed and will not be replaced. The water and wastewater mains provide
service to North Beach residents and to the Port of Corpus Christi Authority (PCCA). The
existing utility crossing will be removed upon successful installation and testing of the new
utility crossing. Project construction was awarded to two contractors: Akerman Construction
Co. Inc is near completion of construction of the new utility crossing (Base Bid 1) and King
Fisher Manne Service IS scheduled to begin removing the existing utilities (Base Bid 2) in
late August or September 2006
This project originally bid on August 17, 2005. At that time the bids received were
substantially over budget. The contract documents, including the plans and specifications,
were modified and plans were reissued to rebid on October 12, 2005.
,ASE BID 1 - INSTALLATION OF NEW UTILITIES (No. 7173/8429):
This project consists of permitting, design, and installation of approximately 2,572 linear
feet (above-ground horizontal distance) of two uncased 12-inch (internal diameter)
wastewater force mains and two uncased 16-inch (internal diameter) potable water mains.
These were placed beneath the Corpus Christi Ship Channel in the vicinity of the Harbor
Bridge using horizontal directional drilling.
The drill entry pad was located on a city-owned parking lot at the corner of Hirsch Street
and Mesquite Street adjacent to the Corpus Christi Museum of Science and History (see
Sheet 3). The drill exit pad was located on city-owned property adjacent to the intersection
of Pearl Street and East Surfside Boulevard, approximately 2,600 linear feet north of the
drill entry pad. An extensive area was required for pipeline assembly and fabrication prior
to pipe pulling. Approximately one-half mile of pipe was strung out from the drill exit point
adjacent to East Surfside Blvd near Pearl Street northerly along East Surfside Boulevard.
In addition, Breakwater Avenue, Bridgeport Avenue, and Coastal Avenue were closed
between East and West Surfside Boulevard for approximately one month. Vehicular traffic
from the east and west sides of U S 181 were detoured to Burleson Street, which provides
access to both areas.
Temporary construction easements were required to accommodate project construction
and pipe string-out from Robert E. Clark et al. and from George Ghably and Ghali Dawod.
The City's Land Acquisition Department secured these from Mr. Clark, Mr. Ghably, and Mr.
Dawod.
The installation project has permitting requirements. An Individual Permit was required
from the U.S. Army Corps of Engineers (USACE) and a Port of Corpus Christi Authority
(PCCA) easement was needed under the Port-owned Ship Channel. HDRIShiner Moseley
has received a Letter of Permission (abbreviated Individual Permit) from the USACE. The
City also obtained a utility easement from the PCCA.
~SE BID 2 - REMOVAL OF THE EXISITNG UTILITY CROSSING (No. 8549):
. e existing utility crossing will be removed upon successful installation and testing of the
installation of the new utility crossing. On the north side of the Ship Channel, the existing
pipe manifold is located immediately south of the Texas State Aquarium Dolphin Bay
H:\HOME\Racheile\GEN\Wastew31Pr\7 '3 & t'429\Arw) Nn \.Ager1C'2 Far:kground,do(
Exhibit. On the south side of the Ship Channel, the existing pipe manifold is located near
the Corpus Christi Museum of Science and History adjacent to its Columbus Fleet Exhibit.
Each existing utility will be removed between the manifolds, for approximately 980 linear
feet (above-ground horizontal distance) for each line.
By way of a performance specification, the contractor will be given flexibility in choosing the
means and methods of pipeline removal. He will submit a work plan that has been
designed and sealed by a Professional Engineer licensed to practice in the State of Texas.
The work plan will be reviewed by various project stakeholders prior to start of work,
including the PCCA, USCG, USACE, City of Corpus Christi, and HDRIShiner Moseley.
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Motion authorizing the City Manager, or his designee, to execute
an engineering services contract with Shiner Moseley & Associates in the amount of
$282,700 for the Corpus Christi Ship Channel Utility Crossing. (Motion No. 2002-418)
2. March 29. 2005 - Approval of the FY 2004-05 Capital Improvement Budget. (Ordinance
No. 026811)
3. October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a
construction contract with Akerman Construction Co. Inc. of Purcell, Oklahoma in the
amount of $2,883,568 for the Corpus Christi Ship Channel Water and Wastewater
Utility Crossing REVISED AND RE-BID for the installation of a new utility crossing
(Base Bid 1). (Motion No. 2005-378)
4. November 15. 2005 - Motion authorizing the City Manager, or his designee, to execute
a construction contract with King Fisher Marine of Port Lavaca, Texas in the amount of
$3,250,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing
REVISED AND RE-BID for removal of the existing utility crossing contingent upon the
issuance of the Notice to Proceed being delayed until August 2006. (Motion No. 2005-
406)
5. January 17, 2006 - Motion authorizing the City Manager, or his designee, to execute
Change Order NO.3 to a construction contract with Akerman Construction Co. Inc. of
Purcell, Oklahoma in the amount of $139,000 for the Corpus Christi Ship Channel
Water and Wastewater Utility Crossing Project Base Bid One for the relocation of the
entry point. (Motion No. 2006-008)
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13. 2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
H:\HOMElRachelleIGENIWastewater\7'73 & 'l4291Amd No 1'.Agenda Background doc
5. March 28. 2002 - Addendum NO.4 to the Request tor Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-at-town).
6. Mav 17, 2004 - Administrative approval at a geotechnical testing agreement with Rock
Engineering & Testing Laboratory Inc. in the amount at $11 ,200 for the Corpus Christi
Ship Channel Utility Crossing
7. April 22, 2005 - Administrative approval of a pre-construction testing agreement with
Fugro Consultants, LP, in the amount ot $1,500 tor the Corpus Christi Ship Channel
Utility Crossing.
8. January 18. 2006 .- Administrative approval of Change Order No. 1 with Akerman
Construction Co Inc. of Purcell, Oklahoma in the deductive amount at $13,000 tor the
Corpus Christl Ship Channel Water and Wastewater Utility Crossing REVISED AND
RE-BID for the installation of a new utility crossing (Base Bid 1).
9. January 18. 2006 -- Administrative approval of Change Order No. 2 with Akerman
Construction Co Inc. of Purcell, Oklahoma in the amount of $22,900 for the Corpus
Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE-BID for
the installation of a new utility crossing (Base Bid 1).
H\HOME\RaChelle\GEN\Wastewa1er",; 173 & 84::9\Ama Nc 1 P.:;Jend<,' Bdckground doc
CONTRACT SUMMARY
1. SCOPE OF PROJECT: Corpus Christi Ship Channel Utility Crossing (Project No.
7173/8429) and Removal of Lines (Project No. 8549) - AMENDMENT NO.1
The existing utility crossing was installed in 1959 and consists of two 12-inch (outside
diameter) steel water mains, two 12-inch (outside diameter) steel wastewater mains and
two 1 O-inch (outside diameter) steel gas mains, as well as one fire alarm cable. These lines
are approaching the end of their useful life and are not deep enough to accommodate the
Port of Corpus Christi's current plan to widen and deepen the Corpus Christi Ship Channel.
New water and wastewater mains will be installed approximately 30 feet lower than at
present. HDRIShiner Moseley has provided and is continuing to provide out-of-scope and
additional services for this project; therefore, an amendment to their contract for
professional services is being requested and Council approval is required.
2 SCOPE OF SERVICES
The AlE hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, AlE
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
to complete the project
3. FEES
ORIGINAL
CONTRACT AMD. NO.1 TOTAL
BASIC SERVICES
1 Preliminary Phase $68,200.00 $0.00 $68,200.00
2 Desion Phase 57,900.00 9,980.00 67,880.00
3 Bid Phase 19,100.00 17,800.00 36,900.00
4 Construction Phase 39,300.00 0.00 39,300.00
Subtotal Basic Services 184,500.00 27,780.00 212,280.00
I
ADDITIONAL SERVICES (Allowance) (AUTHORIZED)
1 Permit Preparation 17,900.00 12,000.00 29,900.00
ROW Acquisition Survey &
2 Topographic Survey 27,900.00 0.00 27,900.00
3 ROW Title Services 5,900.00 0.00 5,900.00
4 Construction Observation Services 42,000.00 122,564.00 164,564.00
5 Start-Up Services 1,900.00 0.00 1,900.00
6 Warranty Phase 2,600.00 0.00 2,600.00
Subtotal Additional Services 98,200.00 134,564.00 232,764.00
TOTAL AUTHORIZED FEE $282,700.00 $162,344.00 $445,044.00
H:\HOMEIRacheiie\GENlWaslewalen7173 & 'J4291Amd No 11Conlrac1 Summary. doc
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CITY PROJECT No. 7173/8429
EXHIBIT RCR
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UTILITY CROSSING
CITY COUNCIL EXHIBIT
C/7Y OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 07-05-2006
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AGENDA MEMORANDUM
DATE: Ju Iy 11, 2006
SUBJECT: TCEQ Multi-Sector General Permit (Project No. 1130)
AGEttDA ITEM:
Motion authorizing the City Manager, or his designee, to execute an engineering services contract
with Kleinfelder of Corpus Christi, Texas the amount of $27,250.00 for preparation of the Texas
Commission on Environmental Quality Multi-Sector General Permit Reapplication and Storm Water
Pollution Plan Review/Modification
~ The City's Multi-Sector General Permit for storm water will expire August 20, 2006
requiring modification of the Storm Water Pollution Prevention Plan and submittal of Notice of Intent
to TCEQ for nine City facilities
Addifional Support Material:
Exhibit A: Background Information
Exhibit B: Location Map
H \HOME\KEVINSIGENISTORMWA TlMultlSectorPermlllMemo. DOC
ADDITIONAL BACKGROUND MEMORANDUM
PROJECT DESCRIPTION: Texas Commission on Environmental Quality Multi-Sector
General Permit Reapplication and Storm Water Pollution Plan Review/Modification. The
City is required to maintain Storm Water Permits and Storm Water Pollution Prevention
Plans for all of Its major facilities The current permits are expiring August 20, 2006. The
TCEQ public comment period was closed on the proposed Multi-Sector General Permit
May 19, 2006
The City has nme facilities that will have their permit expire which require modification of
the eXisting permits and their submittal to TCEQ. HDR/Shiner Moseley is preparing the
Storm Water Permit, Storm Water Pollution Plan and Notice of Intent for Cefe Valenzuela
Landfill as a new facility
CONTRACT SUMMARY: The contract will result in the preparation of a new Notice of
Intent following modification of the current Storm Water Pollution Prevention Plans for the
nine facilities The nine (9) facilities are:
· Corpus Christi International Airport;
· Corpus Christl Marina,
· J. C. Elliott Landfill;
· Allison Wastewater Treatment Plant.
· Broadway Wastewater Treatment Plant;
· Greenwood Wastewater Treatment Plant;
· Laguna Madre Wastewater Treatment Plant:
· Oso Wastewater Treatment Plant;
· Whitecap Wastewater Treatment Plant
A Notice of Termination will also be submitted for the inoperative Wests ide Landfill to fully
codify the closure of the site and release it from coverage under the current Multi-Sector
General Permit. The contract will result in an educational program to train facility
personnel on regulatory changes and permit compliance at each facility.
The Consultant will perform the following services as part of the Storm Water Pollution
Prevention Plan update and Multi-Sector General Permit reapplication:
· Regulation review;
· Preparation of current and proposed land use description;
· A site and area reconnaissance visit;
· Review of physical data of each site;
· Preparation of detailed illustrations of storm water controls;
· Submittal of Notice of Intent permit; and
· Submittal of Notice of Termination for the Westside Landfill.
FUNDING: Funding IS available from Storm Water through the Water Fund.
Exhibit A
Pa e 1 of 1
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LOCATION MAP
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PROJECT No. 1130
EXHIBIT "B"
TCEQ MUL TI-SECTOR GENERAL PERMIT
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 07/06/2006
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13
AGENDA MEMORANDUM
DATE: July 11, 2006
SUBJECT: Cefe Valenzuela Landfill - Project No. 5186
AGENDA ITEM:
a. Ordinance appropriating $188,531.00 from interest earnings of the Public Health and
Safety 2004 CIP Fund No. 3359 for J. C. Elliott Landfill Permit Modification application;
amending the FY 2004 - 2005 Capital Improvement budget adopted by Ordinance No.
026188 by increasing appropriations by $188,531.00; and declaring an emergency.
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 15
with Shiner, Moseley & Associates, Inc. in the amount of $370,170 for Engineering
Services associated with an amendment application of the J.C. Elliott Landfill TCEQ
Permit to increase final contours and disposal capacity.
ISSUE: TCEQ ordered the City to move overfill from Sector 9 into Sector 11. While this
decreases the capacity of Sector 11, TCEQ agreed consider modification of the landfill
permit to increase the final contours to increase disposal capacity. Permit modification
services are required to pursue this opportunity
FUNDING: Funds are available from interest earnings and remaining proceeds from the
Public Health and Safety CIP Fund
RECOMMENDATION: Staff recommends approval of the ordinance and motion as
presented
/"
n el R Escobar, P. E,
Director of Engineering Services
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FCJtZ Jeffrey Kaplan
Director of Street & Solid Waste Services
A,ditional Support Material:
Exhibit "A" Background Information
Exhibit "8" Contract Summary
Exhibit "C" Location Map
H:\HOMEIKEVINSIGENILANDF ILL \Valenzuela\DESIGNIAEAmd15Memc doc
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ADDITIONAL INFORMATION
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ENGINEERING SERVICES:
The proposed engineering amendment is necessary for the City to pursue a TCEQ landfill
operating amendment which increases disposal capacity at J C. Elliott. The amendment is
designed to provide the City with sufficient capacity to meet solid waste disposal needs in a
manner that allows the City to proceed with final construction of the Elliott transfer station
(currently under design}, and then operation of the planned integrated waste management
system This integrated system includes operation of the Cefe Landfill in conjunction with
the transfer station and citizens collection center. The amendment will allow the City to
avoid the potential costs associated with any overfill resulting from the relocation of overfill
from Sector 9
The permit amendment reqUires the submission of four primary parts. Parts I and II
explain the need for the facility land use issues and a discussion of location restrictions
associated with the facility Part III of the application defines specific design criteria,
including a revised discussion of the site's geology and groundwater conditions, drainage,
closure and post-closure care requirements. Part IV includes the site operating plan, which
must now incorporate all of the requirements of the revised rules adopted by the TCEQ in
December 2004 A '~Ol'tract summary is attached. See Exhibit B.
BACKGROUND:
Solid \Naste Services received permission from TCEQ to temporarily overfill Sector 9 to
accommodate the construction schedule for Cefe Valenzuela. This allowed the City to
tighten the timing between the use of remaining J. C. Elliott capacity and completion of
Cefe Valenzuela Landfill. Delaying the bidding and construction of Cefe Valenzuela
prevented the premature expenditure of capital project funds and duplication of facilities for
an extended tlnle
TCEQ subsequently issued a directive to the City to relocate the permitted temporary
overfillm Sector 9 when Sector 11 was completed. A request to delay the relocation was
denied by TCEQ, but they stated that they would consider a permit amendmentto increase
the height and disposal volume in Sector 11. Council approved a change order to
excavate and transportation of approximately 209,000 cubic yards of overfilled municipal
solid waste from Sector 9 to Sector 11 at J. C Elliott Landfill. Council also authorized the
expenditure to pay for compaction and cover of the relocated waste as an additional task
per the landfill operating agreement With Allied Waste (BFI)
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
-j IHOME'r E","NSI(;E~,IL,L I,DF "L\ alenz'lela\r IFSI:;r LAEAmd1 'iBkgExhA, doc
Exhibit "A"
Page 1 of 3
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
escrow funding with the Texas Department of Transportation (TxDOT) in the amount of
$157,482.45 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 amount of $14,875,294.00 with Longhorn Excavation, Inc., of Richmond,
Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2005-308).
b. Motion authorizing the 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 Christi Texas for the Cefe F. Valenzuela Landfill Site Development Project
(M2005-309).
October 25, 2005 - Motion authorizing 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).
November 8, 2005 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 11 for construction phase engineering services with Shiner, Moseley &
Associates, Inc. In the amount of $647,120 for the Cefe F. Valenzuela Landfill.
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 F Valenzuela Landfill Site Development Project.
January 17, 2006 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 12 to the Contract for Professional Services with Shiner Moseley in the
amount of $390,70000 subject to availability offunds, to the Cefe Valenzuela Landfill for a
Solid Waste Citizen Collection Center and Transfer Station at the J.C. Elliott Landfill.
May 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 In the amount of $547,500.00 with Longhorn Excavation, Inc., of Richmond, Texas
for the Cefe F Valenzuela Landfill Site Development Project.
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
June 6, 2006 - 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
Exhibit "A"
Page 2 of 3
H:\HOME\KE ViNS\GE NILAN DFILLValenzuelalDES IG NIAEAmd 15BkgExhA doc
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
June 27,2006 - Motlor authorizing the City Manager, or his designee, to execute Change
Order NO.8 for the construction of an additional lift station, a wireless communications
tower and scale software for financial interface with the City's software system in the
amount of $280,353.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe
F. Valenzuela Landfill Site Development Project
ADMINISTRATIVE ACTIONS
December 14, 2005 - Approval at Change Order NO.2 to decrease pay allowance by
$40,00000 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
Februa~, 2006 -. Approval of Amendment No. 13 in the amount of $24,950.00 for the
modification of mechanical, electrical and plumbing plans.
March 31. 2006 - Approval of Change Order No 5 in the amount of $16,547.53 for various
civil, mechanical architectural and pipeline adjustments.
In Process - Approval of Amendment No. 14 in the amount of $24,150.00 for plan
modifications to for TCEQ review at Cefe Valenzuela to permit modification of the water
system
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 Public Health and Safety CIP Fund.
H:\HOME\KFVINS\GFN\l.C,NC<=IL.l Valellzuela\DE.SIGr~\AEAmd15BkgExhA doc
Exhibit "A"
Page 3 of 3
CONTRACT SUMMARY
SECTION !II ADDITIONAL SERVICES
The Engineer IS authorized to proceed with the following services
B. ADDITIONAL SERVICES
TASK 4.18 J C. Elliott Landfill Permit Modification - Increase Height of Final Contours
The Engineer will provide the City with a permit amendment proposal acceptable for TCEQ review and
approval. The Engineer will provide the following services
Provide an application includinQ the followinq sections:
. Part I - General information
. Part II - Land use, geology and location restrictions
. Part III - Facility design
. Part IV - Site Operating Plan
The scope of services Will conform to current TCEQ regulations and include:
. Geological/Geotechnical and Hydrogeological Investigation
Aerial Photography including a one mile radius from the site and topographic survey of the site (Provided
by the City)
. Permit Application Part I - General Information
. Permit Application Part II - Description of Existing Conditions and Character of the Site
. Permit Application Part III, Site Development Plan - Engineering Design Information and Detailed
Investigative Reports
. Permit Application Part IV - Site Operating Plan
. Permit Amendment Application Submittal
. TCEQ Review - Address regulatory comments to attain technically complete status
. Public Heanng - Minimally Contested (if required)
. TCEQ grants or denies permit
A. Part I of the Permit Amendment Application
The Engineer will prepare the technical requirements of Part I of the application in accordance with
Section 330.52 of the Municipal Solid Waste Management Regulations (MSWMR). To the extent
possible the Engineer will utilize information developed for the City's transfer station registration to
prepare Part I of the application.
The Engineer will prepare the following documents for Part L
. A supplemental report outlining the purpose for the facility
. General location map using Texas Department of Transportation (TxDOT) maps as the base
. General topographic map using USGS 7.5 min Quad maps
. Land ownership map of all property within 500 feet of the site
. Legal description of the property (provided by the City)
. Property owner's affidavit
. Legal Authonty Form
H:\HOME\KEVINSIGEN\LANDFILL \Valenzuela\DESIGN\AEAmd15SMA doc
. EVidence of competency
. Appointments
. EVidence of financial assurance
. Deliverables
· The Engineer will deliver the prepared Part I of the application, including the general application
forms (Part A) and submit Part I with forms to the TCEQ as part of the entire application.
. Meetings
. 1 he Engineer will have monthly progress meetings with the City and others.
. City Responsibilities
. T he City wll; need to provide the Engineer with a legal description of the permitted property.
· The City w:ll need to prOVide the Engineer with the City's financial reports (CAFRs) for the
purpose of demonstrating finan::lal assurance
. The City will provide the Engineer access to files related to previous correspondence between the
1'-::EQ related agencies or studies related to the current landfill permit.
Part II of the Permit Amendment Application
The Engineer will prepare the technical requirements of Part II of the application in accordance with
Section 330.53 of the MSWMR Information developed for the City's transfer station registration will be
utilized in prepanng Part lI)f the application to the extent possible.
The Engineer will gather th8 necessary Information for Part II of the application including:
. Supplementary teChnical report
. Existing conditions summary
. Cultural resources ArcheologYI
. Land use map
· Transportation Information Including adequacy of roads, volume of vehicular traffic, volume of
traffic expected to be generated bv facility operations and the site's impact on airports in the site's
vICInity
· General geology and soils statement, including general geologiC and soil conditions, data on fault
areas. seismiC Impact zones and unstable areas
. Ground and surface water statement Including data on floodplainS and wetlands
· Protection of endangered species statement, including the impact of the solid waste disposal
facility on endangered or threatened species
Part III of the Permit Amendment Application
The Engineer will develop the Site Development Plan with its attachments to provide for a design that
addresses all aspects Of the landfill's design and operation
The Site Development Plan will conform to S33055 and S33056 including the information required on
drinking water protection in accordance with section S330200
The Engineer will develop (3 Site Development Plan that includes the following items:
· Pian for addreSSing requirements related to discharges of solid waste or pollutants adjacent to or
into waters of the state or waters of the US
. Run-on and <un off control svstem
H:\HOME\KEVINS\GEN\L.A.NDFIL\ Walenzuell\DESIC,NIAEAmd15SMA doc
. Dikes, embankments and drainage structures
. Drainage calculations using HEC-1 and HEC-2, or the Rational Method, or other approved
methods
. Storage, treatment and disposal of surface or groundwater that has become contaminated by
contact with solid waste
. Flood control measures
. Final cover design to provide for effective long-term erosion stability
. Protection of endangered species
. Appropriate landfill markers
The following attachments will be included in the Site Development Plan:
Attachment 1 - Site layout Plan
The Engineer will prepare constructed maps showing the following: outline of the waste cell units and fill
sectors; the general sequence of filling operations; locations of interior site roadways to provide access to
fill areas; locations of monitoring wells and gas probes; dimensions of drainage ditches; locations of
buildings; fencing; filling; maximum waste elevations and final cover; and where appropriate, plans for
screening the site from public view. The sequencing drawings will be of sufficient detail to demonstrate
that the site will be in compliance with applicable state and federal regulations on a continuous basis.
Drawings will show generalized design and location of all site roads and ancillary facilities.
Attachment 2 - Fill Cross-section
The Engineer will prepare a representative number of fill cross sections consisting of plan profiles across
the site, through or very near the soil borings, and available design and construction details of compacted
perimeter or toe berms
Attachment 3 - Existing Contour Map
The Engineer will construct the existing contour map using digital contour and planimetric data acquired
by the City during the most recent aerial photography event.
Attachment 4 - Geology Report
The Engineer through their subconsultant Kleinfelder, Inc. will provide a discussion of the geologic
conditions in the vicinity of the facility including the following topics.
. Description of the regional geology of the area
. Description of the geologic processes active in the area
. Description of the regional aquifers in the vicinity of the facility
. Report on subsurface conditions at the site including aquifer thickness and strata description
. Description of the proposed groundwater monitoring system
Attachment 5-Groundwater Characterization Report
The Engineer through our subconsultant Kleinfelder, Inc. will provide a discussion of groundwater
conditions including the following items.
. Tabulation of groundwater monitoring data from wells on-site
. Identification of the upper-most aquifer
H:\H OMEIKEVI NSIGE NILAN DFI Lt. \Valenzuela IDES I G NIAEAmd 15SMA. doc
· Map showing the groundwater contours and gradient at the site
. Calculation of groundwater flow velocity
. Tabulation of aquifer test data if needed
Attachment 6 - Groundwater Protection Plan and Drainage Plan
The Engineer will provide design and discussion of site drainage conditions including the following items.
· Drawings shOWing the drainage areas and drainage calculations
. IJentlficatlon of the 1 DO-yea' floodplain
. Drainage and runoff control analYSIS
· Descrlptlor of the hydrologic method and calculations used to estimate peak flow rate, volume
and velocity
· The 25-year 24-hr rainfall Intensity used for facility design
· Hydraulic calculations and designs for sizing the necessary collection and drainage features
· Structural designs of the collection drainage and or storage facilities
· A maintenance plan for ensuring the continued operation of the collection system
· Calculation of expected erosion tc occur from the final cover using the RUSLE
. Floodplain control and analYSIS
Attachment 7 - Final Contour Map
The Engineer will prOVide a constructed map showing the final contours of the entire landfill to include
internal drainage and side slopes, down chutes, berming, etc as well as the peak flows, volume and
velocity of surface drainage entering and departing the completed fill area plus areas subject to flooding
due to a 1 OO-year frequencv flood Cross-sections shall be provided.
Attachment 8 - Cost Estimate for Closure and Post- Closure Care
The Engineer will prOVide a cost estimate for closure and post-closure care costs in accordance with
~330.280 330286 (relating to Financial Assurance)
Attachment 9 - Applicant's Statement
The Engjneer will provide to the City of Corpus Christl a statement to be signed by the City that assures
the applicant is familiar with the Site Development Plan and is aware of all commitments presented in the
plan, that the applicant IS also familiar with all pertinent requirements in the regulations, and that he
agrees to develop and operate the site .n accordance with the plan the regulations, and any permit
special prOVisions that rnay be Imposed
Attachment 10 - Soil and Liner Quality Control Plan (SLQCP) and Geomembrane Liner Evaluation
Report (GLER)
The Engineer will provide documentation of procedures for, and type and frequency of testing of soil and
geosynthetic materials to be used during construction of the waste cells The Engineer of Record will use
it as the pian during all liner construction The existing SLQCP and GLER will be used for this section.
H:\HOMFKF VINSIGENILANDFILlValenzuei,:IOESIi;N\AEAmd15SMA doc
Attachment 11 - Ground-Water Sampling and Analysis Plan (GWSAP)
The Engineer will provide documentation of procedures, test methods and testing frequency for sampling
and analyzing samples from groundwater monitoring wells.
Attachment 12 - Final Closure Plan
The Engineer will provide documentation of final closure requirements and procedures prepared in
accordance with 9330.250-330256 (relating to Closure and Post-Closure). This will include an updated
final cover quality control plan.
Attachment 13 - Post-Closure Care Plan
The Engineer will provide documentation of post-closure care requirements and procedures prepared in
accordance with 9330.250-330.256 (relating to Closure and Post-Closure).
Attachment 14 - Landfill Gas Management Plan (LGMP)
The Engineer will develop a Landfill Gas Management Plan including the following items.
. A description of how landfill gases will be monitored, managed and controlled
. A description of the proposed system(s), including installation schedules and procedures and
monitoring procedures
. A backup plan to be used if the main landfill gas management system breaks down or becomes
ineffective
Attachment 15 - Leachate and Contaminated Water Plan
The Engineer will prepare documentation of methods of managing leachate and contaminated water to
prevent contamination of surface water and groundwater
Part IV of the Permit Amendment Application
The Engineer will develop a Site Operating Plan meeting the requirements of 9330.114, Technical
Requirements of Part IV of the application. The Site Operating Plan will be prepared to meet the recent
rule changes regarding site operating plans
The Engineer will develop a Site Operating Plan (SOP) that will include the following items.
. Description of personnel and equipment to be employed at the facility
. Description of the procedures that operating personnel shall follow concerning the operational
reqUirements
. Other Instructions necessary to ensure that operating personnel comply with local, state or
federal regulations
. Fire protection plan odor control plan and ponding water plan.
. Procedures for the detection and prevention of the disposal of regulated hazardous waste.
Procedures include random inspections of incoming loads, records of all inspections, training for
appropriate facility personnel responsible for inspecting loads, notification to the TCEQ and
provisions for remediation of the incident
H:\HOMEIKEVINSIGENILANDFI LL \ValenzuelalDES IGNIAEAmd 15SMA.doc
B. City Review and Submittal of the Permit Amendment Application
The City and outside legal counsel, retained by the City of Corpus Christi, will review the Application prior
to final submission to the TCEQ The Engineer will respond to two sets of comments from both the City
and their attorneys as part:->f this scope
The Engineer will prepare five copies at the Draft Permit Amendment Application for the City for legal
review and comment. The Engineer will attend one meeting in Corpus Christi or Austin Texas to address
any questions or comments prior to finalization of the Application Upon acceptance of the application by
the City and their iegal counsel, the Engineer will prepare eight copies of the Final Application and
forwanj them to the eit'J fa their files and submission of four copies to the TCEQ.
TCEQ Review
The City of Corpus Christi and the Engineer will provide input to address TCEQ technical review
comments Up to three additional meetings with TCEQ will be held, as necessary, to ensure an
understanding of the TeEf) comments and concerns. The Engineer will prepare a response to TCEQs
comments and submit the response to the TCEQ TCEQ will review the response to comments and, if
satisfactory, will deClare the application technically complete It is anticipated that at least two rounds of
NOD comments are typically submitted by the TCEQ before the application is considered technically
complete based on prevIous cases
The Engineer will attend one publiC meeting in support of the permitting process, lasting up to one day.
Then Enginer will make a brief presentation to the local Council of Governments to obtain a determination
of compliance with the Regional Solid Waste Management Plan
Public Hearing Preparation
Once declared technically complete by the TCEQ Staff, the opportunity for a Public Hearing will then be
published in the Texas Register ana, if required, a Public Hearing will be scheduled. In preparation for a
Public Hearing. the project team will prepare expert testimony and exhibits in support of the outside legal
counsel it IS assumed that minimal preparation will be required for a hearing that is not highly contested.
Basic exhibits conSisting of enlargements of figures from the permit application will be provided for
purposes of pubic presentations by the City of Corpus Christi staff The Engineer will provide expert
testimony by up to three people at a heanng lasting up to two days.
Project Management
The Engineer understands what has to be Included in the permit application and has developed project
guides for permits and permit amendments The project guide provides a basis for project organization,
project reviews and methodologies incorporated into the project guide is Corpus Christi's specific scope
and schedule This gUide provides each member of the project team with an understanding of the
projects purpose administrative reqlJlrements and quality control procedures.
The Engineer wil! prepare a project gUide for the project The purpose of the project guide is to define and
document procedures for the administration, production and quality control elements to the staff assigned
and those supporting the project SpeCifiC portions of the guide will be updated from time to time
throughout the project such as budget and schedules All staff IS expected to refer to the guide
throughout the project and keep their CODY of the instructions current as additional information and/or
changes are dlstnbuted
SECTION VI. FEE i~_~fI1enged bdlliUI!?~ljlon of Phase III fees to read
Sectio;; VI FEE
The City will pay the Engineer a restated total not to exceed fee of $4,119,710.00. This fee will be full
and total compensatlor' fo' all services provided and expenses incurred. The fee is subject to the
H:\HOME IKEVI NS IGE NIL/IN D Fill ,Va lenzuel;; IDE S I,:; N\AEAmd 15SMAdoc
availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of
funds. This amendment authorizes the following fees
A FEE FOR ADDITIONAL SERVICES
The City agrees to pay the Engineer for services provided in accordance with the Scope of Services and
Fee under this Amendment an additional fee for additional services not to exceed $370,170.00. The
revised total fee as amended is not to exceed $4,119,710 00
SUMMARY OF FEES
. AUTHORIZA TIOO--- - - .... I_EEE__
I Original Contract____ __ __
] Amendment No.1
I Amendment No, 2
I Amendment No, 3____ ____
i Amendment No.4
I
I Amendment No.5
! Amendment No, 6
1---
I Amendment NO.7 ____
i Amendment NO.8
I ---------
I Amendment NO.9 ______
I Amendment No. 10
! Amendment No. 11
I Amendment No. 12
i Amendment No. 13
l Amendment No. 14
I
l Amendment No. 15
i 4.18.A - A lication Pre aration
i 4.18. B - Permit Review Assistance
I
f---------------- ------
I TotaL____ _______.
- -- -~--_._.,._.__._.._-
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H:\HOME\KEVINS\GEN\LANDFILL IValenzuela\DES IGNIAEAmd 15SMA. doc
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-'-~-----_.- 129,250
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18
CEFE F. VALENZUELA
MUNICIPAL LANDFILL
LOCA TION MAP
NOT TO SCALE
EXHIBIT "C"
CITY COUNCIL EXHIBIT ~
CITY Of CORPUS CHRIST/, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DA TE: 07 /05/2006 ~
CEFE F. VALENZUELA LANDFILL
(amendment no. 15...final contours and disposal capacity)
ORDINANCE
APPROPRIATING $188,531.00 FROM INTEREST EARNINGS OF THE
PUBLIC HEALTH AND SAFETY 2004 CIP FUND NO. 3359 FOR THE
J.C. ELLIOTT LANDFILL PERMIT MODIFICATION APPLICATION;
AMENDING THE FY 2004 -- 2005 CAPITAL IMPROVEMENT BUDGET
ADOPTED BY ORDINANCE NO. 026188 BY INCREASING
APPROPRIATIONS BY $188,531.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $188,531.00 from interest earnings of the Public Health and Safety
2004 CIP Fund No. 3359 is appropriated for the J. C, Elliott Landfill Permit Modification
application.
SECTION 2. That the FY 2004 -- 2005 Capital Improvement Budget adopted by
Ordinance No. 026188 is amended by increasing appropriations by $188,531.00.
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 11th day of July, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Afr. ROVE~ 06 ~IY 2006
V ~ V\~ If.-~
Veronica Ocanas
Assistant City Attorney
for City Attorney
06. VO. 070606, Eng.App, ORD. CefeValenzuela. doc
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 requinng suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bm Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 7/11/2006
AGENDA ITEM: a) Motion authorizing the City Manager, or designee, to execute a contract with
Corpus Christi Disposal Services, Inc. guaranteeing the delivery of specific tonnage of acceptable
waste collected within the boundaries of the Coastal Bend Council of Governments, to the City's
Cefe Valenzuela Municipal Landfill for a period of twenty years.
b) Motion authorizing the City Manager, or designee, to execute a contract with Dawson Recycling,
Inc., guaranteeing the delivery of specific tonnage of acceptable waste collected within the
boundaries of the Coastal Bend Council of Governments, to the City's Cefe Valenzuela Municipal
landfill for a period of twenty years.
c) Motion authorizing the City Manager, or designee, to execute a contract with Captain Hook, Inc.,
guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of
the Coastal Bend Council of Governments, to the City's Cefe Valenzuela Municipal Landfill for a
period of twenty years.
ISSUE: To enter into obligatory "Put or Pay" contracts with Commercial Solid Waste Haulers
delivering acceptable waste to the Cefe Valenzuela Landfill for disposal.
REQUIRED COUNCIL ACTION: Approve contract as submitted by staff.
PREVIOUS COUNCIL ACTION: Council has previously approved Put or Pay contracts with other
commercial haulers for the J.C. Elliott Landfill (Corpus Christi Disposal, Inc., Dawson Recycling, Inc.,
Captain Hook, BFI, Sixteen Services, and Trailer Trash).
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Approve contract(s) as submitted.
BACKGROUND INFORMATION
With the anticipated opening of the Cefe Valenzuela Landfill, and closing of the J.C. Elliott Landfill, it
is necessary establish contracts with the major solid waste haulers to help assure a consistent flow
of solid waste tonnage during our transition year, fiscal year 2006-07 and well into the future.
Competition in the Coastal Bend COG region from landfills in San Antonio and Robstown has
resulted in a continuing 'leed to be competitive In price and service while guaranteeing a secure
disposal facility for solid waste haulers in our area
The City has entered Into similar put or pay agreements with Corpus Christi Disposal, Inc., Dawson
Recycling. Inc and Captain Hook beginning in 2001 for the J.C. Elliott Landfill. City Council
approved the contracts and amendments on the following dates
Corpus Christi Disposal. Inc original contract August 17,2004
Dawson Recycling. Inc. original contract September 17, 2002
amended contract December 20, 2005
Captain Hook original contract July 17, 2001
amended contract August20,2002
BFI original contract June 26,2001
amended contract August 20, 2002
Sixteen Services original contract July 17, 2001
amended contract August20,2002
Trailer Trash original contract March 11, 2003
Approval of these contracts will help the City's efforts to stabilize waste volumes at the Cefe
Valenzuela Landfill
CONTRACT SUMMARY:
Consistent in scope with prior agreements the main change is that the base rate for disposal has
been changed from $19. SO/ton to a percent discount off of each fiscal year's City publiShed disposal
rate. Haulers opting to bnng 80% of their historical disposal volume receive a 25% discount from the
published rate. A 28% discount is offered to haulers that agree to 100% of their historical volume
when disposing at the Cefe Valenzuela Landfill. The haulers are billed monthly, with penalties for
late payments. Corpus Christi Disposal Services, Inc. and Dawson Recycling Inc. have elected to
bring 80% of historical tonnage to the Cefe Valenzuela Landfill, and Captain Hook is guaranteeing
100%
The effective date of the contract IS the first day the Cefe Valenzuela Landfill is open to accept
waste. Upon the effective date, prior put or pay agreements will expire for the Elliott landfill and
these new agreements will take effect The term of the new agreements is 20 years. The
haulers named in the contracts will receive 30 days written notice, prior to the opening of the
Cefe Valenzuela Landfill and corresponding termination of the existing put or pay contracts at
the Elliott landfill.
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Julv 11. 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to authorize
payment of invoices 864160 and 864300 for twelve months software maintenance with
Sungard HTE, Inc. of Lake Mary, Florida in an amount not to exceed $114,712.00.
Included in the maintenance agreement are the HTE modules for Utilities Business Office,
Central Cashiering, Accounts Receivable, Collections, Development Services, Housing
and Community Development and Click 2 Government.
ISSUE: Software must be maintained to allow for upgrades and improvements and to
ensure that it stays compatible with other systems. HTE, Inc. provided a invoices for
annual maintenance from July 1, 2006 through June 30, 2007 of the City of Corpus
Christi's Sungard HTE application modules. HTE, Inc. is the sole provider of Sungard HTE
application software maintenance.
BACKGROUND: On March 26, 1996, City Council authorized the purchase ofthe Sungarcl
HTE Customer Information System from Sungard HTE, Inc. of Lake Mary, Florida. The
system was purchased to replace the old IBM mainframe system in the custom programs
written in house for utility billing, cashiering, and accounts receivable applications. The
purchase was part of the City's overall plan to replace outdated mainframe systems with
state of the art technology and to provide Y2K compliance. Today this system drives the
Customer Information System, providing not only the utility billing function for the City
Utilities Business Office, but also providing a system for Central Cashiering, Accounts
Receivable and Collections, Development Services, and Housing and Community
Development. In June 2004 the City added the Click to Government modules to the
H T E suite of applications.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000
PIlEVIOUS COUNCIL ACTION:
1. July 12, 2005, authorization for FY0506 Annual Maintenance.
2. June 29,2004, authorization for FY0405 Annual Maintenance
3. June 29, 2004, authorization to purchase Click to Government modules to the
H,T.E. suite of applications
4. March 26, 1996, authorization to purchase the Sungard H.T.E Customer Information
System.
FUNDING: The total cost of $114,712.00 will be funded from the MIS Department FY0506
budget
CONCLUSION AND RECOMMENDATION: Staff recommends approval of motions as
presented.
Co>'<;:', ~ '--'Gc.
Ogilvie Gericke
Director of MIS
Attachments: None
-
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: .July 11, 2006
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation
agreement with Nueces County, Texas, for City of Corpus Christi, Texas, to provide lifeguard
services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by
County.
ISSUE: Nueces County has requested that the City hire 2 additional lifeguards to its Gulf
Beach Lifeguard staff to provide lifeguard services at the County beaches and the City
would be reimbursed for the costs of the services. The rates for the reimbursement are
provided in the background information and are included as an exhibit to the interlocal
cooperation agreement The seasonal lifeguards would be supervised by City staff.
REQUIRED COUNCIL ACTION: Council must approve intergovernmental agreements.
PREVIOUS COUNCIL ACTION: none
CONCLUSION AND RECOMMENDATION: Staff recommends approval of interlocal
agreement with Nueces County for lifeguard services.
A.achments:
Background Information
BACKGROUND INFORMATION
1. The following will be provided/performed by the City of Corpus Christi Parks &
Recreation Department:
~t~f Provid~dJ7 days/weekL
~feguard (112 days/6 hrs/day)
L--h-i f~ard_i U ~~_a~/6J!~s/_~aJY) .
lotal
uT--r----
-+-:-. Salary FICA
$ 6,518.40 $ 404.14
6,518.40 404.14
------- -..
lJl},()~_6~~Q__ J_~08.28
Total
$ 6,922.54
6,922.54
$13,845.08
2. The following will be provided/performed by the Nueces County Parks & Recreation
Department:
A. Lifeguard stands (2)
B. First Aid Equipment and Materials (2 bags)
C. Radios (2)
D. Automatic Defibrillator (2 units)
E. Lifesaving board and float (2)
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH NUECES COUNTY
TEXAS FOR CITY OF CORPUS CHRISTI, TEXAS TO PROVIDE
LIFEGUARD SERVICES ON NUECES COUNTY GULF BEACHES IN
NEWPORT PASS AND PADRE BALLI PARKS OWNED BY COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager or designee is authorized to execute an Interlocal
Cooperation Agreement with Nueces County Texas for the City of Corpus Christi, Texas
to provide Lifeguard Services on Nueces County Gulf Beaches in Newport Pass and
Padre Balli Parks owned by County. A copy of the Agreement is on file in the City
Secretary's Office and a copy is attached.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
~ED 6 June 2006
~iS
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attomey
Henry Garrett
Mayor
C:I(Doyle.03. 06\PARI<&REC .27\BeachI06 0606DC .Intrloc: .KNueces Co Beach SrvsLife. Guard. Res doc
Page 2 of 2
Corpus Christi, Texas
_ day of ______ ___,2006
The above resolution was passed by the following vote:
Henry Garrett_ ____ ____
Brent Chesney______
Melody Cooper_n__
Jerry Garcia __ __ __ ..
William Kelly_ ___ '.
Rex A Kinnison
John E Marez
Jesse Noyola
Mark Scott
CI( Doyle. 03. 06\PARK&REC. 27\BeachI06. 0606 DC .Intr 'ocLKNueces Co.BeacnSrvsLlfe. Guard. Res.doc
:#: '2oobo007Q
Page 1 of 4
INTERLOCAL COOPERATION AGREEMENT FOR
LIFEGUARD BEACH SERVICES
This Agreement (including Exhibits) is entered into between Nueces County, Texas
(County) and the City of Corpus Christi, Texas (City) for purposes of the Texas
Interlocal Cooperation Act, Texas Government Code, Chapter 791, to achieve efficiency
in meeting intergovernmental responsibilities.
I. SERVICES PROVIDED
(a) City and County agree to provide services (described in detail on attached
Exhibit A) on the public Gulf beach in parks owned by County at Padre and Mustang
Islands, as shown on map attached as Exhibit B ("County Beach"). The Exhibits are
made a part of this Agreement for all purposes. The provided services are generally
described as follows:
Lifeguards & Stations: City shall provide Lifeguards and County shall provide
Lifeguard Stations. Stations shall be positioned and Lifeguards shall be deployed
to provide coverage of the County Gulf Beach during the period on or about May
25 through September 5, or Labor Day, whichever is sooner, for each year this
Agreement is in effect; however, for the initial term of this agreement, this service
shall begin on a date mutually agreed on by the parties;
(b) The County and City specifically agree that the Lifeguards are the employees of
the City and that the City shall retain all liability for workers compensation and other
liabilities that may arise from this employment. The County and City agree that the
City shall use City supervisors to control and supervise said employees.
II. CONSIDERATION
This Agreement recognizes that the City collects beach parking permit fees in the
County Gulf Beach area. The form of consideration to be provided by County to City for
beach services provided by City shall be paid in cash, credit for revenue allocated to
County for County's share of beach parking permit fees under the Interlocal Agreement
between City, County, and the City of Port Aransas, or mutually agreed upon in-kind
goods and services provided at mutually agreed market prices. The bill shall be for City
services, including the cost of the two (2) lifeguards, as described in detail on the
attached Exhibit A
The City shall send a monthly bill to County for services rendered. County shall pay
City in the manner set out above within ten (10) days after receipt of each monthly bill.
As required by ~ 791.011 (d)(3) Texas Government Code, this Agreement specifies that
each party paying for the performance of governmental functions or services must make
those payments from current revenues available to the paying party.
CIDocumenls and Setlings\BPersohn7280\My Documents\ParkBoard\06 0605DC Changes Intrtocl KNueces Co Beach SrvsLife Guard Clean (2).doc
Page 2 of 4
III. TERM
This Agreement shall be effective from the date of execution through September 9,
2006. and shall automatically renew each year for a new specified term under the same
conditions (except for cost increases described below) if neither party has notified the
other of its desire to terminate the Agreement thirty (30) days prior to each September
9, or as provided for in paragraph IV Cost increases for future years after the initial term
of this Agreement shall be limited to increases in the cost of fuel and lubricants plus an
adjustment for inflation based on the past 12 month increase in the Consumer Price
Index for all other line items (e.go, staff, etc.).
The City acknowledges County's authority and capacity to be bound to the renewal
terms depends upon County's budgeting to cover or fund this contract for each
successive renewal term.
IV. DEFAULT
If the City fails to perform or comply with any terms or conditions of the Agreement, the
County may terminate the Agreement after giving the City thirty (30) days notice in
writing of the failure to comply with the Agreement. The City shall have thirty (30) days
to cure any default
If the County fails to perform or comply with any terms or conditions of the Agreement,
the City may terminate the Agreement after giving the County thirty (30) days notice in
writing of the failure to comply with the Agreement. The County shall have thirty (30)
days to cure any default.
V. GOVERNMENTAL SERVICES
This Agreement is between City and County for the purpose of providing governmental
services and is not for the benefit of any third party or individual.
VI. ENTIRETY CLAUSE
This Agreement expresses the entire Agreement between the parties. Any modification,
amendment, or addition to this Agreement shall not be binding upon the parties unless
reduced to writing and signed by persons authorized to make these agreements on
behalf of the respective party
C\Documents and Settings\BPersohn7280\My Documoots\Par1\Board\06 0605DC Changes IntMod KNueces Co Beach SrvsLife Guard Clean (2).doc
Page 3 of 4
EXECUTED IN DUPLICATE ORIGINALS on the
ATTEST:
day of
,2006.
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
By:
George K. Noe, City Manager
Ord. No,
BY CITY COUNCIL __ day of ______
AUTHORIZED
,2006
Secretary
~:D 6 June 200619 May 2006
oyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
EXECUTED on 9'f-</f1..t.. d I
NUECES COUNTY
, 2006, at Nueces County, Texas.
By:
NUECES COUNTY-
/ /
Attested:. n (~~,
By: G~ ~~-~\JJ-c-
NUIi'CES COUN~Y CII=RIL ae.~ ~ ~~ Ckrk
C:\Oocuments and SetllngsIBPersohn7280\My Documents\ParkBoard\06 0605DC Changes Intrlocl KNueces Co Beach SrvsLife Guard Clean (2).doc
EXHIBIT A
LIFEGUARD
Page 4 of 4
1. The following will be provided/performed by the City of Corpus Christi Parks &
Recreation Department:
, .
i Staff Provided (7 days/weekL,._ + Salary~_
I Lifeguard (112 days/e. hrs/day) .. ..+"......$ 6.5181..4H.0 I.~.,$._.
I lifeguard (11l.S!~s/6 hrs/day) p+ 6,518.40 _
_ Tot~1 _ $13,03~~Q..l
~__~H ....__0'.
FICA Total
404.14 $ 6,922.54
-
404.14 6,922.54
808.28 $13,845.08
-.--
2. The following will be provided/performed by the Nueces County Parks &
Recreation Department:
A. Lifeguard stands (2)
B. First Aid Equipment and Materials (2 bags)
C. Radios (2)
D. Automatic Defibrillator (2 units)
E. Lifesaving board and float (2)
CIDocuments and SettingslBPersohn7280\My Documents\ParkBoardl06 0605DC Changes Intr10cl KNueces Co Beach SrvsLife Guard Clean (2).doc
Port
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17
AGENDA MEMORANDUM
July 11, 2006
AGENDA ITEM:
a. Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by JJAR Development, LLP, owner and developer of Legends of Diamante Unit 1
located east of Rodd Field Road and north of Slough Road for the installation of 2,660 linear
feet of an 18-inch PVC sanitary sewer collection line; and
b. Ordinance appropriating $160,776.00 from the Sanitary Sewer Collection Una Trust Fund No.
25042Q-4220 to pay JJAR Development, LLP, for the installation of 2,660 linear feet of an 18-
inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line
Extension Construction and Reimbursement Agreement to develop Legends of Diamante
Unit 1; and declaring an emergency.
IISUE: JJAR Development, LLP, owner and developer of Legends of Diamante Unit 1, will start the
installation of 18-inch PVC sanitary sewer collection line extending approximately 2,660 linear feet to
tbe east, along Slough Road, from an existing manhole located in front of Greystone Unit 1
Subdivision and terminating at a proposed manhole located near the intersection of Slough Road
and proposed Amethyst Drive once the City Council approves the Sanitary Sewer Collection Line
Extension Construction and Reimbursement Agreement and appropriates funds to pay for the
installation from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting
Ordinance ,
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
it~~~~c.P
Acting Director of Development Services
/
F: n s Teniente, P.E.
nt Director of Development Services
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit 0
Background Information
Application for Sewer Line Reimbursement
Application for Sewer Line Credit
Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement
AGENDA MEMORANDUM
~TIONAL BACKGROUND INFORMATION
MCKGROUND: The development and platting of Legends of Diamante Unit 1 (see Agreement,
Exhlltit 1) requires the off-site extension of an 18-inch sanitary sewer collection line. The off-site
sanitary sewer collection line extends 2,660 linear feet to the east, along Slough Road, from an
existing manhole located in front of Greystone Unit 1 Subdivision and terminates at a proposed
manhole located near the intersection of Slough Road and proposed Amethyst Drive (see
AI...ment, Exhibit 2).
The 18-inch sanitary sewer collection line is required to provide sanitary sewer service to Legends of
Dlamante Subdivision and is eligible for reimbursement as a sanitary sewer collection line in
accordance with the Platting Ordinance and 1983 Master Sanitary Sewer Plan for the Southern
Portion of Corpus Christi. The Legends of Diamante preliminary plat was approved by Planning
Commission on August 10, 2005. The 1983 Master Sanitary Sewer Plan designated this line
segment as a 15-lnch collection line. The final plat for Unit 1 was approved by Planning Commission
on Jllnuary 25, 2006. An 18-inch gravity line was extended to provide the grade necessary to serve
the area of the preliminary plat. The developer has submitted application for sewer line
reimbursement and a Sanitary Sewer Collection Line Extension Construction and Reimbursement
Aareement (see Exhibit D) with supporting documentation in compliance with provisions of the
Platting Ordinance The Application for Sewer Line Reimbursement is attached (see Exhibit B).
In accordance with the reimbursement criteria in the Platting Ordinance, the developer of Legends of
Dlamante Unit 1 is eligible for a maximum reimbursement equivalent to 50% of the mathematical
pfOduct obtained by multiplying the off-site pipe diameter in inches by the fee value of the property to
be platted in Unit 1 The acreage fee value is 63 lots x $319/1ot = $20,097.00 and the average pipe
diameter in inches is 18-inches. Therefore, the maximum reimbursement is ($20,097.00 x 18) x 50%
= $180.873.00
The total construction cost submitted by the developer for the installation of 2,660 linear feet of 18-
inch sanitary sewer collection line is $275,666.96. The developer submitted an Application for Sewer
Line Credit (see Exhibit e), which allows the Developer to deduct the wastewater acreage fee from
the reimbursement and receive a credit for the wastewater acreage fee that is applied to the
..stewater acreage fees during final plat recordation. The wastewater acreage fee is subtracted
from the construction cost (see Agreement, Exhibit 3).
The construction cost, less the acreage fee credit ($275,666.96-$20,097.00=$255,569.96), is greater
than the maximum reimbursement. The Developer is eligible for only the maximum reimbursement,
\\tlich is $180,873.00 minus the sanitary sewer credit for Unit 1 ($180,873.00-
$20,097.00=$160,776.00). Reimbursement is payable upon completion and acceptance of the
senitary sewer collection line work with the actual reimbursement based on the maximum
reimbursement and not to exceed $160,776.00. Additionally, the developer is eligible for
reimbursement of the remaining construction cost as future units of Legends of Diamante are platted
per Section V.B.6.f)(2)(ii)(4)(d) of the Platting Ordinance.
I EXHIBIT A I
APPLICATION FOR SEWERLINE REIMBURSEMENT
L James Tracv of JJAR Development L.L.P., owner and developer of proposed
Legends of Diamante Unit I Subdivision, hereby request reimbursement of
$ 160,776.00 for the installation of the sanitary sewer (collection line) as provided for by
City Ordinance No. 17W6. Said $ 275,666.96 is the construction cost, including 7.5%
Engineering, in excess of e lot/acreage fee, as shown by the cost supporting documents attached
herewith
J ames Tracy, General er
JJAR Development, L.L.P.
7/!'Z~~
( ate)
THE ST ATE OF TEXAS )(
COUNTY OF NUECES )(
This instrument was acknowledged before me on
en 05
, 20 ~ , by
Texas
JTA-R l)e.U~CipO\~.n+
l..LP
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... 21. ..
iJ.dt,1. ~ ~6{'"Lb;:;
Notary Public in and for the State of Texas
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and
determined to be correct Reimbursement is subject to:
(a) suffiCIency of funds In the Collection Line Trust Fund, and
(b) appropriation and approval by the City Council.
7-6 ,,06
(Date)
II Exhibit B II
APPLICATION FOR SEWERLINE CREDIT
L James Tracy of ]JAR Development L.L.P. , owner and developer of proposed
Legends of Diamante Unit 1 Subdivision, hereby apply for $ 20.097.00 credit
towards the sanitary sewer lot/acreage fee for the sanitary sewer (collection line) extension installed
as proVided for by City Ordinance Nr. 17396. $ 275.666.96 is the construction cost, including
7.25Dk Engineenng, as shown by th4 cost supporti~nts attached herewith.
\. / \ ~ It
__ : I " \ 7 oS or;
James Tracy. General Part e - I (Dat~)
JJAR Development, L.L.P.
THE STATE OF TEXAS )(
COUNTY OF NUECES )(
This instrument was acknowledged before me on
07-05
Zc::cxo
,l9_,by
__._.. ____.J J PtlS.._ ~l~ l('\pr<'l~
P
, a Texa<;
, n e a 0 sat
... $ MCMEE
Mv CommIIIIon .....
June 21. 2e*
n.
/Odk ~ '1/J~aaz,
Notary Public in and for the State of Texas
CERTIFICA nON
The infoffilation submitted WIth this application has been reviewed and determined to be
correct and a credit of $~. CI"17__ I" herewith approved.
~--~~d
elopment Services Engmeer
7-6 -eM"
(Date)
II Exhibit c II
SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND
REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Sanitary Sewer Collection Line Extension Construction and Reimbursement
Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter
"City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and JJAR Development, LLP, a Texas limited liability partnership, 4933
Ambassador Rd., Corpus Christi, Texas 78416 (hereinafter "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 13.325 acres called Legends of Diamante Unit
1 located on the north side of Slough Road, east of Rood Field Road, as shown in the
attached Exhibit 1;
WHEREAS, the City's 1983 Sanitary Sewer Master Plan requires the construction of a
sanitary sewer collection line extension in order for Legends of Diamante Unit 1 to have
sanitary sewer service;
WHEREAS, the size of the collection line is required to be 18-inches to achieve the
grade necessary to serve the area of the Legends of Diamante preliminary plat;
WHEREAS, Developer, will soon be commencing construction on infrastructure and
related site improvements in accordance with City approved construction plans and
specifications;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a sanitary sewer collection line extension;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a sanitary sewer collection line
extension;
WHEREAS, it is essential that the sanitary sewer collection line extension be
constructed in connection with the development for service to be provided upon
completion of the development;
WHEREAS, it is in the interest of the City and the Developer for the 18-inch collection
line to be constructed along with the Developer's project at this time;
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
Exhibit D
1of6
1. REQUIRED CONSTRUCTION
The Developer shall construct the 18-inch PVC sanitary sewer collection line needed for
Legends of Diamante Unit 1 in compliance with the City's Platting Ordinance and under
the plans and specifications approved by the City Engineer.
2. PLANS AND SPECIFICATIONS
a The Developer shall contract with a professional engineer, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 18-inch PVC sanitary sewer collection line, as shown in Exhibit 2, with
the following basic design:
(1) Install 1,183 linear feet of 18-indl PVC sanitary sewer collection line (8'-
10' deep).
(2) Install 1,477 linear feet of 18-indl PVC sanitary sewer collection line
(10'-12' deep)
(3) Install 3 (three) 4-foot diameter manholes (8'-10' deep).
(4) Install 3 (three) 4-foot diameter manholes (10'-12' deep).
(5) Install 4 (four) 18-inch stub-outs and plug.
(6) Install 2,660 linear feet of trench Safety.
(7) Repair safety end treatment and culvert.
(8) Install 2,660 linear feet of Dewatering.
(9) Install 2,660 linear feet crushed stone embedment.
(10) Traffic Control
(11) Performance and Payment Bonds
The sanitary sewer collection line will be constructed from an existing
manhole located in front of Greystone Unit 1 Subdivision and extend in an
easterly direction, parallel to Slough Road, and terminate at a proposed
manhole located near the intersection of Slough Road and proposed
Amethyst Drive.
b. The plans and specifications shall comply with City Standard Wastewater
Detail Sheets and Standard Specifications.
c. Before the Developer begins construction.a, the plans and specifications must
be approved by the City's Director of Engineering Services.
2016
3, SITE IMPROVEMENTS
Prior to construction of the 18-inch sanitary sewer collection line, the Developer shall
acquire and dedicate to the City the required utility easement or right-of-way for the
installation of the 18-inch sanitary sewer collection line.
4. PLATTING FEES, Developer shall pay to the City of Corpus Christi the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a contract and include within the contract that the 18-inch sanitary sewer collection line
shell be constructed, in accordance with the approved plans and specifications, and
completed by July 31,2007.
6 TIME IS OF THE ESSENCE
Time is of the essence in the performance of this contract.
7. DEFAULT
The following events shall constitute default:
a. Developer fails to engage a professional eQ9ineer for the preparation of plans
and specifications for this project by the 10tti calendar day after the date of
approval by City Council.
b. Developers professional engineer fails to submit the construction plans and
specifications to the City's Director of Engineering Services by the 40th
calendar day after the date of approval by City Council.
c. Developer fails to award a contract for the construction of the J;>roject,
according to the approved plans and specifications, by the 70 calendar day
after the date of approval by City Council,
d, Developer's contractor does not reasonably pursue construction of the project
according to the approved plans and specifications.
e. Developer's contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before July 31,2007.
In the event of default, the City shall have all its common law remedies in addition to the
following:
a. Cancellation of this reimbursement agreement without notice or cure.
b, Refusal to record plat(s) or issue any certificate of occupancy for any
structure to be served by the project.
30f6
8. THIRD-PARTY BENEFICIARY
Developers contracts with the professional engineer for the preparation of the plans
and specifications for the construction of the project, contracts for testing services, and
with the contractor for the construction of the project shall provide that the City shall be
a third party beneficiary of each contract.
9. PERFORMANCE AND PAYMENT BONDS.
Developer shall require its contractor for the construction of the project, before
beginning the work, to execute to Developer and the City a performance bond if the
contract is in excess of $100,000 and a payment bond if the contract is in excess of
125,000. The performance and payment bond shall comply with Texas Government
Code. Chapter 2253 and shall be in the form and substance as attached hereto.
10.. NOTICE.
Should Developer fail to perform any obligation or duty of this agreement, the City shall
give notice to Developer, at the address stated above, of the need to perform such
obligation or duty, and should Developer fail to perform the required obligation or duty
within 15 days of receipt of the notice, the City may perform the obligation or duty,
ctlarging the cost of such performance to Developer. Developer will pay to City the cost
d such performance within 30 days from the date Developer receives notice of the cost
d such performance. Notice required by the paragraph may be by United States Postal
Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a
commercial delivery service that provides proof of delivery, delivery prepaid; or by
personal delivery. In the alternative, in the event of Developers failure to cure any such
breach after notice, the City may terminate this agreement. The provision for notice and
cure contained herein shall not apply to a default under paragraph 7 hereinabove.
11 WARRANTY
Developer shall fully warranty the workmanship of and function of the sanitary sewer
gravity trunk main, sanitary sewer trunk force main, and lift station and the construction
thereof for a period of one year from and after the date of acceptance of the facilities by
the City Engineer
12. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 18-inch sanitary sewer
collection line, not to exceed $160,776.00. See Cost Estimate attached hereto as
exhibit 3.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 18-inch sanitary sewer collection line by the professional
engineer hired by the Developer. However, the expenses may not exceed 7.5% of the
costs of construction of the 18-inch sanitary sewer collection line.
40f6
13. INDEAfNIFICA TlON. Developer shalllndemnHy and hold harmless the City, Its
egents, officers, and employees from all suits, actions, or claIms and from all
Ila"lIlty for any and all InJuries or damages sustained by any person, Including
wlfhout Ilmltatlon wodrers compensation, persona/Injury or death, arising from
or Incident to this 18-1nch sanitary sewer collecUon line construction.
14. This agreement is a covenant running with the land, Legends of Diamante Unit 1, a
subdivision in Nueces County, Texas, and shall be recorded in the Official Public
Records of Nueces County, Texas.
15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of
this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit
4.
16. EFFECTIVE. This agreement becomes effective and is binding upon and shall
im..e to the benefit of the City and Developer, and their respective heirs, successors,
and assigns from and after the date of execution.
exECUTED IN DUPLICATE originals, this
day of
,2006.
A TIEST:
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
George K. Noe, City Manager
APPROVED: (.~ day of Ju\,!
By: 11... .~dIu
~. Smith
Assistant City Attomey
for the City Attorney
,2006
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2006, by
George K Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
50f6
DEVELOPER
ATTEST:
JJAR Development LLP
.-----~
By:
I '\
~/
mes Tracy, General partne;;j-
By:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ()(O- 28 , 2006, by
James Tracy, General Partner, on behalf of JJAR Development, LLP.
1)dk /J ?J;l-c14, -
Notary Public, State of Texas
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OEM G MCNEE
My CommIIIIon ExpIMI
June 28. 2001
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LEGENDS OF DIAMANTE UNIT 1
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Exhibit 1
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Off-Site Sanitary Sewer Cost breakdown
Exhibit 3
I ITEM-
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DESCRIPTION
18" PVC (8'-10':::;ut)
18' PVC (10 -12 Cut)
4' Diameter Manhole (8'-10' Deep)
4' Diameter Manhole (10' 12' Deep)
,18" Stub Out and Plug
Trench Safety
~ep~lr Safety_En~_!reatment and Culvert
8 Qewatering (if needed)
9 Crushed stone embedment (if dewatering)
10 Traffic Control
L
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'3
UNIT QUAN.
UNIT
PRICE
TOTAL
COST
$86,359.00
$127,760.50
$10,500.00
$11,400.00
$840.00
--- -- ---- -- .--
$2,660.00
$750.00
-_._~~-
1?,660.00
15,320.og
1 183 $73.00
1 477 $86.50i
3 $3,500.00'
3 $3,~OO.QOl
4 $210.00
2,660 i $-'1.00 I
1 $]50.00 I '
2,660 ~1-.~0 l
2,660 ! $2.00 !
I _____L.
1 I $650.00 i $650.00
------ ------
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75% Engineering fee' $18,667.46
_=J =====r---=--- --=~~.
Payment and Perfor,ITlC3I1c:e Bonds j ~8, 100.00
..' . t' To-t"ar-----+$275,666. 96~
m. _._.____~--_.-
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1 Maximum Reimbursement Unit 1 $180,873.00
I Less Lot Acreage Fee Credit Unit 1 ($20,097.00)
Reimbursement Amount for Unit 1 $160,776.00
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Reimbursement Authorized When Unit 2 Plats
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($160,776.00)
$114,890.96
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Exhibit 3
~
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112. as amended, requires all persons or firms seeking to do business with the
City to provide the following information Every question must be answered. If the question is not applicable,
answer with uNA"
FIRM NAME JJAR Development. LLP
STREET: .4933 Ambassador Rd.
CITY:
Corpus Christi
ZIP:
78416
FIRM Is: 1 Corporation ___ 2 Partnership X
5 Other
3. Sole Owner
4. Association _
DISCLOSURE QUESTIONS
II additional space is necessary. please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest"
constituting 3% or more of the ownership In the above named "firm".
Name Job Title and City Department (if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership In the above named "firm".
Name Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
oonstltuting 3% or more of the ownership In the above named "firm".
Name Board. Commission or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership In the above named "firm".
Name Consultant
N/A
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person:
James Tracy
Title:
General Partner
(Type or Print) \ ~\
Signature of Cert~ying person:~ \. ~_ Dafe:
Page 1 of2
AN ORDINANCE
APPROPRIATING $160,776.00 FROM THE SANITARY SEWER
COLLECTION LINE TRUST FUND NO. 250420-4220 TO PAY
JJAR DEVELOPMENT, llP., FOR THE INSTAllATION OF
2,660 LINEAR FEET OF AN 18-INCH PVC SANITARY SEWER
COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER
COLLECTION LINE EXTENSION CONSTRUCTION AND
REIMBURSEMENT AGREEMENT TO DEVELOP LEGENDS OF
DIAMANTE UNIT 1; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCil OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $160,776.00 is appropriated from the Sanitary Sewer
Collection Line Trust Fund No. 250420-4220 to pay JJAR Development, llP., for
the installation of 2,660 linear feet of an 18-inch PVC sanitary sewer collection
line as specified in the Sanitary Sewer Collection Line Extension Construction
and Reimbursement Agreement to develop Legends of Diamante Unit 1.
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and suspends the Charter rule that requires consideration of and
voting upon ordinances at two regular meetings so that this ordinance is passed
and shall take effect upon first reading as an emergency this the 11th of July,
2006
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form July 6,2006.
By:
~Omtd/
ry . Smith
Assistant City Attorney
For City Attorney
H:LegDir\gws\agenda\2006\05-2'7\JJAR legends SS Collection
Page 2 of2
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: INle, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced. or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:I egDlr\gws agenda'2006\O'i-1'7JJAR legends SS Collection
18
AGENDA MEMORANDUM
July 11 , 2006
AGENDA ITEM:
a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement
Agreement submitted by JJAR Development, LLP, owner and developer of Legends ofDlamante Unit
1 located east of Rodd Field Road and north of Slough Road for the Installation of 2,360 linear feet of
12-inch PVC water grid main; and
b. Ordinance appropriating $108,452.88 from the Arterial Transmission & Grid Main Trust Fund No.
209010-4030 to pay the JJAR Development, LLP reimbursement request for the Installation of2,360
linear feet of 12-inch PVC grid main to develop Legends of Diamante Unit 1; and declaring an
emergency.
ISSUE: JJAR Development. LLP, owner and Developer of Legends of Diamante Unit 1, will start the installation
of 2,360 linear feet of 12-inch PVC water grid main, once the City Council approves the Arterial Transmission
and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the Installation
from the Arterial transmission and Grid Main Trust Fund in compliance with the Platting Ordinance.
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Background Information
Applcation for Waterline Reimbursement
Application for Waterline Credit
Arterial Transmission and Grid Main Construction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
MCKGROUND The development and platting of the Legends of Diamante Unit 1 (see
AgnMment, Exhibit 1) required a total extension of 2,360 linear feet of 12-inch PVC water
grid main along the south side of Slough Road. The proposed 12-inch water grid main
begins at the existing 12-inch water line previously installed by others at the east property
line of Greystone Unit 1 and extends east to approximately the intersection of Slough Road
and propose Amethyst Drive (see Agreement, Exhibit 2).
The 12-inch PVC water grid main is required by the City's 1997 Water Distribution System
Master Plan and is eligible for reimbursement as a water grid main in accordance with the
Platting Ordinance
The developer submitted an Arterial Transmission and Grid Main Construction and
Reimbursement Agreement (see Exhibit D) and supporting documentation in compliance
with provisions of the Platting Ordinance. The Application for the Water Line
Reimbursement and supporting cost documentation is attached (see Exhibit B).
The total construction cost submitted by the developer for the installation of 2,360 linear
feet of 12-inch PVC water grid main is $ 117,776.88 (see Agreement, Exhibit 3). The
developer submitted an Application for Water Line Credit (see Exhibit C), which allows the
Developer to deduct the water acreage fee from the reimbursement and receive a credit for
the water acreage fee that is applied to the water acreage fees during final plat
recordation The water acreage fee is subtracted from the construction cost.
The construction cost, less the acreage fee credit ($117,77688-$9,324.00=$108,452.88),
is $108.45288
Reimbursement would be payable upon completion and acceptance of the water grid main
work with the actual reimbursement to be determined based on the actual construction cost
and not to exceed $108,452.88
I Exhibit A I
Page 1 of 1
APPLICATION FOR WATERLINE REIMBURSEMENT
L James Tracy of ]JAR Development L.L.P, owner and developer of proposed
Legends of Diamante Unit 1 Subdivision, hereby request reimbursement of
$ 108.452.88 for the installation of the water (arterial transmission or grid main) as provided
for by Cay Ordinance No. 17092 Said $ 117,776.88 is the construction cost, including 7.5%
Engineering. in excess of the lot/arreage fee. as shown by the cost supporting documents attached
herewab. '
i ~-
I' /
\ furlA k
--::r James Tracy, General P
, J J AR Development, L.L.
7/of7tJ~
I
(Date)
THE STATE OF TEXAS )(
COUNTY OF NUECES )(
0.- .MCAB
It( Cca..... .....
..... -. ..
07-05 ,200;. , by
lLP ~~p
, a Texas Corporation, on behalf of the said C6rp6ffttien.
/JJk' c4 'lJ!tJt2Oc
Notary Public in and for Nueces County, Texas
This instrument was acknowledged before me on
CERTIFICA nON
The information submitted with this application for reimbursement has been reviewed and
determined to be correct Reimbursement is subject to:
(a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and
(b) appropriation and approval by the City Council.
/~40 ~.~-;t'
,. e apment Services-Engineer
7~-as
(Date)
II Exhibit B II
APPLICATION FOR WATERLINE CREDIT
L James Trac\ of JJAR Development L.L.P., owner and developer of proposed
Legends of Diamante Unit I ____ Subdivision, hereby apply for $ 9.324.00 credit
towards the water lot/acreage fee for the (Arterial Transmission or Grid Main) as provided for by
City Ordinance No_ 17092 Said S 117,776.88 is the construction cost, including
7.5%Engmeering. as shown by the fost supporting~ents attached herewith.
__~/HU.4 ~ _ { , 710~O ~
,/ j ~~mes Tracy. General P (Date)
lJAR Development, L.L.P.
THE STATE OF TEXAS )(
COUNT'1 OF NUECES )(
2CO'-
This instrument was acknowledged before me on _ 07 -OS ,1-9-_,
LLP
by __ 'J""JA R D€uelC"l~..w d- _ ___ _ ____________' a Texas Corporation, on behalf of the said
... S MCA1IE
My ConwnIIIIon __
...... s. 2GOI
J~ ~ ~(1at;b
Notary Public in and for Nueces County, Texas
CERTIFICATION
fhe information submitted with this application has been reviewed and determined to be
correct and a credit of $_ ,32.4. ciJ
is herewith approved.
7-~ -O~
(Date)
II Exhibit c II
ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND
REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Arterial Transmission and Grid Main Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a
Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and
JJAR Development, LLP, a Texas limited liability partnership, 4933 Ambassador Rd.,
Corpus Christi, Texas 78416 (hereinafter "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 13.325 acres called Legends of Diamante Unit
1 located on the north side of Slough Road, east of Rodd Field Road, as shown in the
attached Exhibit 1;
WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of
a 12-inch PVC grid main in order for Legends of Diamante Unit 1 Subdivision to have
water service; and
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a 12-inch PVC grid main;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a 12-inch PVC grid main;
WHEREAS, it is essential that the 12-inch PVC grid main be constructed along Slough
Road, in connection with Legends of Diamante Unit 1 for it will provide future service
connections to the north, south, and east;
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
1 REQUIRED CONSTRUCTION
The Developer shall construct the 12-inch PVC grid main needed for Legends of
Diamante Unit 1 in compliance with the City's Platting Ordinance and under the plans
and specifications approved by the City Engineer.
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 12-inch PVC grid main, as shown in Exhibit 2, with the following basic
design:
Exhibit D
10f6
(1) Install 2,360 linear feet of 12-inch PVC grid main.
(2) Install 4 (four) 12" Gate Valve and Box.
(3) Install 1 (one) 12"x12"x8" Tee.
(4) Pressure test and Disinfect
(5) Install Test Riser Assembly
(6) Performance and Payment Bonds.
The 12-inch PVC grid main will be constructed along the south side of Slough
Rd. from the existing 12-inch water line previously installed by others at the
east property line of Greystone Unit 1 and extend east to approximately the
intersection of Slough Road and propose Amethyst Drive.
b The plans and specifications shall comply with City Standard Water Detail
Sheets and Standard Specifications.
c Before the Developer begins construction, the plans and specifications must
be approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the 12-inch PVC grid main, the Developer shall acquire and
dedicate to the City the required utility easement or right-of-way for the installation of the
12-inch PVC grid main
4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall
award a contract and include within the contract that the 12-inch grid main shall be
constructed in accordance with the approved plans and specifications and completed by
July 31 2007
6. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of this contract.
7. DEFAULT
The following events shall constitute default:
a. Developer fails to engage a professional engineer for the preparation of plans
and specifications for this project by the 10th calendar day after the date of
approval by City CounciL
20f6
d
Developer's professional engineer fails to submit the construction plans and
specifications to the City's Director of Engineering Services by the 40th
calendar day after the date of approval by City Council.
Developer fails to award a contract for the construction of the J,>roject,
according to the approved plans and specifications, by the 70 calendar day
after the date of approval by City Council.
Developer's contractor does not reasonably pursue construction of the project
according to the approved plans and specifications.
Developer's contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before July 31,2007.
b
c
e
In the event of default. the City shall have all its common law remedies in addition to the
following:
a Cancellation of this reimbursement agreement without notice or cure.
b Refusal to record plat(s) or issue any certificate of occupancy for any
structure to be served by the project.
8 THIRD-PARTY BENEFICIARY
Developer's contracts with the professional engineer for the preparation of the plans
and specifications for the construction of the project, contracts for testing services, and
with the contractor for the construction of the project shall provide that the City shall be
a third party beneficiary of each contract.
9. PERFORMANCE AND PAYMENT BONDS.
Developer shall require its contractor for the construction of the project, before
beginning the work, to execute to Developer and the City a performance bond if the
contract is in excess of $100,000 and a payment bond if the contract is in excess of
$25,000. The performance and payment bond shall comply with Texas Government
Code, Chapter 2253 and shall be in the form and substance as attached hereto. The
performance and payment bond shall name Developer and City as joint obligees.
10. NOTICE.
Should Developer fail to perform any obligation or duty of this agreement, the City shall
give notice to Developer, at the address stated above, of the need to perform such
obligation or duty, and should Developer fail to perform the required obligation or duty
within 15 days of receipt of the notice, the City may perform the obligation or duty,
charging the cost of such performance to Developer by reducing the reimbursement
amount due Developer. Developer will pay to City the cost of such performance within
30 days from the date Developer receives notice of the cost of such performance.
Notice required by the paragraph may be by United States Postal Service, First Class
Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery
service that provides proof of delivery, delivery prepaid; or by personal delivery. In the
3 of 6
alternative, In the event of Developer's failure to cure any such breach after notice, the
City may terminate this agreement The provision for notice and cure contained herein
shall not apply to a default under paragraph 7 hereinabove
11. WARRANTY
Developer shall have contractor execute a warranty of the workmanship of and function
of the arterial transmission line and the construction thereof for a period of one year
from and after the date of acceptance of the facilities by the City Engineer. Said
warranty will be assigned and transferred to the City upon completion of this project.
12. REIMBURSEMENT
8. The City will reimburse the Developer 100% of the cost of the 12-inch PVC grid
main, upon satisfactory completion and testing in compliance with approved plans and
specifications, not to exceed $108,452.88. See Cost Estimate attached hereto as
Exhibit 3.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 12-inch PVC grid main by the professional engineer
hired by the Developer. However, the expenses may not exceed 7.5% of the costs of
construction of the 12-inch grid main
13. City agrees that it will not unreasonably withhold approval of the plans, progress,
evaluations, or reimbursements under this agreement, upon verification of satisfactory
inspection and testing results
14. INDEAfNIF/CA TION. Developer shall indemnffy and hold harmless the City, its
agents, offICers, and employees from all suits, actions, or claims and from all
lability for any and all injuries or damages sustained by any person, including
wlfhout limitation workers compensation, personal injury or death, arising from
or incident to this 12-inch PVC grid main construction.
15. This agreement is a covenant running with the land, Legends of Diamante Unit 1, a
subdivision in Nueces County, Texas, and shall be recorded in the Official Public
Records of Nueces County, Texas
16. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of
this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit
4.
17. EFFECTIVE. ThiS agreement becomes effective and is binding upon and shall
inure to the benefit of the City and Developer, and their respective heirs, successors,
and assigns from and after the date of execution. .
40r6
EXECUTED IN DUPLICATE originals, this
day of
,2006.
ATTEST:
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
George K. Noe, City Manager
APPROVED: (, ~ day of _~~
,2006
By: ~... . ~dtv
~.Smith
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2006, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
50f6
DEVELOPER:
JJAR Development LLP
By:
/--~
.~/~
. ~es Tracy, General Pa er
THE STATE OF TEXAS
COUNTY OF NUECES
ATTEST:
By:__
This Instrument was acknowledged before me on ~.~ ,2006, by
James Tracy, General Partner, on behalf of JJAR Development, LLP.
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LEGENDS OF DIAMANTE UNIT 1
LOCATION MAP.
Exhibit 1
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ITEM
DESCRIPTION
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12' PVC Water iine
'12" Gate valve and Box
,g"x12"x8" Tee
Test Riser Assembly
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Off-Site Water Cost Breakdown
Exhibit 3
UNIT QUAN.
UNIT
PRICE
TOTAL
COST
LF 2,360 $39.50 $93,220.00
EA 4 $1,675.00 $6,700.00
$485.00 -... -
EA $485.00
EA 2 $310.00 $620.00
-~_..__...-
LS 1 $1,000.00 $1,000.00
SubTotal $102,025.00
- -- ----- --
7.5% Engineering fee:
_ n _!
paymeo' aod Pertormaoce Bonds I
Total:
Less Lot Acreage Fee Credit Unit 1 ~-
Reimbursement Amount for Unit 1
$7,651.88
- - -- --- ---
$8,100.00
- -. -.--....-.----. ..----
$117,776.88
($9,324.00)
$108,452.88
=-\ Exhibit 3
~
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information Every question must be answered. If the question is not applicable,
answer with "NA"
FIRM NAME <<
STREET:
JJAR Development. LLP
4933 Ambassador Rd.
CITY:
Corpus Christi
ZIP:
78416
FIRM Is: 1 Corporation ____ 2 Partnership X
5 Other
3. Sole Owner
4. Association _
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse SIde of this page or attach separate sheet.
1 . State the names of each "employee" of the City of Corpus Christi having an "ownership Interest"
constituting 3% or more of the ownership In the above named "firm".
Name Job Title and City Department (if known)
NJA
2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest"
constituting 3% or more of the ownership in the above named "firm".
Name Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
N/A
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person: James Tracy ___
Signature m cert"::::~:n~ ~
Title: General Partner
Date: ~/ ~<f (CJ ~
1\ Exhibit 4 II
Page 1 of2
AN ORDINANCE
APPROPRIATING $108,452.88 FROM THE ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 209010-
4030 TO PAY THE JJAR DEVELOPMENT, LLP,
REIMBURSEMENT REQUEST FOR THE INSTALLATION OF
2,360 LINEAR FEET OF 12-INCH PVC GRID MAIN TO
DEVELOP LEGENDS OF DIAMANTE UNIT 1; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $108,452.88 from the Arterial Transmission and Grid Main
Trust Fund No. 209010-4030 is appropriated to pay JJAR Development, LLP's,
reimbursement request for the installation of 2,360 linear feet of a 12-inch PVC
grid main to develop Legends of Diamante Unit 1 .
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and suspends the Charter rule that requires consideration of and
voting upon ordinances at two regular meetings so that this ordinance is passed
and shall take effect upon first reading as an emergency this the 11 th of July,
2006
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved as to form: July 6, 2006.
By:
~,,,:,
a W. Smith
Assistant City Attorney
For City Attorney
H'I cegDir\gws\agenda\2('06\07 -11 Legends of Diamante
Page 2 of2
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: INVe, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:I egDlr\gws\ agenda 20(ii)\07-ll \ I egend-; of Diamante
19
2nd Reading
(First Reading held June 27. 2006)
AGENDA MEMORANDUM
June 27, 2006
SUBJECT: Stone Henge Street
Disposition of Surplus Property (J. Buentello)
AGENDA ITEM:
A. Public Hearing to consider abandoning and vacating a parcel ot unimproved street
right-ot-way containing 2,456 square teet out ot the Plat ot Brighton Village Unit 4
Subdivision, Nueces County, Texas, and located on Stone Henge Street east ot
Sterling Drive, in connection with the Realignment of Stone Henge Street.
B. Ordinance abandoning and vacating a parcel of unimproved street right-ot-way
containing 2,456 square feet out ot the Plat ot Brighton Village Unit 4 Subdivision,
Nueces County, Texas, and located on Stone Henge Street east ot Sterling Drive, in
connection with the Realignment of Stone Henge Street.
C. Ordinance declaring as surplus property a parcel of land containing 2,456 square
teet out ot the Plat ot Brighton Village unit 4 Subdivision, Nueces County, Texas,
and located on Stone Henge Street east of Sterling Drive, in connection with the
Realignment ot Stone Henge Street.
D. Ordinance approving the conveyance of a parcel of surplus property containing
2,456 square feet remaining from the Realignment ot Stone Henge Street, to the
adjacent property owners, Jesse and Celina Buentello, in exchange tor their
perpetual maintenance of the property, and authorizing the City Manager or his
designee to execute a quitclaim deed for the property; and declaring an emergency.
ISSUE: The plat for Brighton Village Unit 4 was filed for record in 1984 with Stone Henge
Street as a dedicated public right of way. The location of the Boardwalk Unit 2 Subdivision
west of Brighton Village Unit 4 required the realignment ot Stone Henge Street as it
continued westerly from Brighton Village Unit 4 into the Boardwalk Unit 2 Subdivision.
Excess right of way was identified and is being considered to be sold and conveyed to the
adjoining property owner. As compensation to the City for this parcel, the landowner will
provide perpetual care and maintenance of the property. In addition to the conveyance,
the City will re-plat each property to include the newly added surplus property.
To begin the process of conveyance, a public hearing will be held to vacate and abandon
the parcel ot right ot way. Once the parcel is declared surplus property it will be conveyed
to the adjacent landowner by Quitclaim Deed. For purposes of producing clear title and a
correct lot description, the City will re-plat the property for the landowners. The re-plat map
will contain a new lot number that will include the newly added surplus property.
REQUIRED COUNCIL ACTION: Public Hearing process and passage of the three
ordinances as submitted.
FUNDS: No funding required
RECOMMENDATION: Staff recommends the approval of the ordinances as presented.
r
'viR ~ -;h:p6
'~el'R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Council Exhibit (R.O.W. to Vacate & Abandon)
H:\HOMEIEUSEBIOGIGEN\Agenda Items\Stonehenge ROW Conveyance.Buentello\Agenda Mem.Buentello.doc
BACKGROUND INFORMATION
SUBJECT: Stone Henge Street
Disposition of Surplus Property (Buentello)
PRIOR COUNCIL ACTION:
1. February 22. 2005: Ordinance authorizing the City Manager, or his designee, to
execute a Participation Agreement with Onac Developers, Inc., owner and developer
of The Boardwalk Unit 2 Subdivision I site of the new souths ide elementary school for
public street improvements on Boardwalk Avenue and Stone Henge Drive, an urban
street abutting a dedicated public park, in accordance with the Platting Ordinance,
not to exceed $106,031.21 for City's share of costs of the improvements; and
declaring an emergency. (Ordinance No. 026160).
FUTURE COUNCIL ACTION: None
OVERVIEW:
Backaround:
Stone Henge Street, located in Brighton Village Unit 4, was realigned to match up
with Boardwalk Avenue located in the new Boardwalk Unit 2 Subdivision. As a result
of this realignment, excess street right of way developed along the south side of two
properties located between Sterling Drive and Derby Drive as shown on the attached
Exhibit B. The owners of these properties have requested that the City convey this
excess land to them. City staff has determined that it is in the best interest of the
City to convey these two parcels in exchange for the property owner's perpetual care
and maintenance of the properties.
To commence the conveyance process, a public hearing will first be held to consider
closing and vacating each parcel of land. The two parcels will then be declared as
surplus properties and finally will be subsequently conveyed by Quitclaim Deed to
the adjacent property owners. The entire area conveyed will be retained as a Utility
Easement to accommodate existing utilities. For purposes of producing clear title
and a correct lot description, the City will re-plat the property for the landowner at no
cost to them.
H:\HOME\EUSEBIOG\GEN\Agenda Items\Stonehenge ROW Conveyance.BuentelloIBackground.doc
EXHIBIT A
<_._.~"'."-""'-, ~...-._.._-..,_.-
PARCEL LOCA nON
CORPUS CHRISTI
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LOCA TION MAP
NOT TO SCALE
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STONE HENGE ST
NEW STRE[TRO~_-=-= ...~==-~=~=
PARCEL TO BE VACl\TED ~
(BUENTELLO)
CITY PARK
VICINITY MAP
NOT TO SCALE
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EXHIBIT -B-
CITY COUNCIL EXHIBIT ~
CITY OF CORPUS CHRISTI, TEXAS .
OEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1 ="' =
- -
OATE: 05-10-2006 ~ -
STONE HENGE STREET
ItO. W. TO VACA TE & ABANDON
AN ORDINANCE
ABANDONING AND VACATING A PARCEL OF UNIMPROVED
STREET RIGHT-OF-WAY CONTAINING 2,456 SQUARE FEET OUT OF
THE PLAT OF BRIGHTON VILLAGE UNIT 4 SUBDIVISION, NUECES
COUNTY, TEXAS, AND LOCATED ON STONE HENGE STREET EAST
OF STERLING DRIVE, IN CONNECTION WITH THE REALIGNMENT OF
STONE HENGE STREET.
WHEREAS, there is an 2,456-square foot portion of unimproved street right-of-way out
of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on
Stone Henge Street east of Sterling Drive, that is not needed for the Realignment of
Stone Henge Street or for other municipal purpose, that the City desires to abandon and
vacate: and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the unimproved street right-of-way
for all purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 2,456-square foot portion of unimproved street right-of-way out of
the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on
Stone Henge Street east of Sterling Drive, is abandoned and vacated for public use as
street right-of-way, subject to Owner's compliance with the following specified
conditions as part of the abandonment and vacation:
1 Fair market value is waived because Owner will be providing perpetual
maintenance of the property
2 Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services
3 Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval; however, the Director of Development Services may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
H :\LEG-DIR \ V eronicaO\ENGINEERING\Abandon & Vacate ORD\06. VO.ORD.StoneHenge.Ab& V ac-2,456sqft
doc
That the foregomg ordinance was read for the first time and passed to its second
()-l'r~. \x1 ^^"-P 0
reading on this the __'~i_ da~Of___--a- . _ _ ,2006, by the following vote:
Henry Garrett _._ \~_~ Rex A. Kinnison ~
Brent Chesney _ ___ John Marez
Melody Cooper ,...tt! Jesse Noyola flljll f
Jerry Garcia _. -~t-= 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 Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the
day of
,2006.
ATTEST
THE CITY OF CORPUS CHRISTI
Annando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form: 05 June 2006
j .' (' //
By: 1\~/<<\f,{Ltv ~~_______
Veronica Ocanas
Assistant City Attorney
For City Attorney
H:\LEG-D1R \V eronicaO\FNG [NEERING\Abandon & Vacate ORD\06. VO.ORD.StoneHenge.Ab&Vac-2,456sqft
doc
ORDINANCE
DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND
CONTAINING 2,456 SQUARE FEET OUT OF THE PLAT OF
BRIGHTON VILLAGE UNIT 4 SUBDIVISION, NUECES COUNTY,
TEXAS, AND LOCATED ON STONE HENGE STREET EAST OF
STERLING DRIVE, IN CONNECTION WITH THE REALIGNMENT OF
STONE HENGE STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the 2,456-square foot parcel of unimproved street right-of-way out of
the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on
Stone Henge Street east of Sterling Drive, is declared surplus property, being a
remainder from the Realignment of Stone Henge Street.
H:\LEG-DIR\VeronicaO\ENG INEERING\Abandon & Vacate ORD\06.VO.ORD-StoneHenge-2456sqft-SurPty.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the r'2;.11I^ d~ of ~.~. _~ AM , 2006, by the following vote:
Henry Garrett__~_ ____ Rex A. Kinnison
-~
4
'~iJlf
~~-
Jerry Garcia
Mark Scott
~
~
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
BiN Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the __ _m day of
2006 by the following vote:
Henry Garrett
Rex A Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bitt Kelly
PASSED AND APPROVED, this the
day of
,2006.
ATTEST.
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form 05 June 2006
By 01 U~(LO {j.~__ .~~
Veronica Ocanas
Assistant City Attorney
For City Attorney
H :\LEGD/R \ V eronica()\ENG I NEERIN(i Abandon & Vacate ORD\06. VO.ORD-StoneHenge-2456sqft-SurPty.doc
AN ORDINANCE
APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS
PROPERTY CONTAINING 2,456 SQUARE FEET REMAINING FROM
THE REALIGNMENT OF STONE HENGE STREET, TO THE
ADJACENT PROPERTY OWNERS, JESSE AND CELINA BUENTELLO,
IN EXCHANGE FOR THEIR PERPETUAL MAINTENANCE OF THE
PROPERTY, AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A QUITCLAIM DEED FOR THE PROPERTY;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS. THAT:
SECTION 1. That the City Manager, or his designee, is authorized to convey a parcel
of surplus property containing 2,456 square feet remaining from the realignment of
Stone Henge Street, as shown on the attached Exhibit, as surplus property, and that the
City Manager, or his designee, is authorized to execute a quitclaim deed to the adjacent
property owners in exchange for their perpetual maintenance of the property.
H'\ LFG- D IR \ V eronicaO\EN G INEER ING\Abandon & Vacate ORD\06.VO ORD.StoneHenge. Sale-2456sqft.doc
Jerry Garcia
That the foregoing ordinance was read
reading on this the _ll:i:day of _
Henry Garrett~~_ I
Brent Chesney (~J{/\k ,
~-
-~
- ---~
_, 2006, by the following vote:
r the first time and passed to its second
Rex A Kinnison
John Marez
Melody Cooper
Jesse Noyola
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 Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the
day of
,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved as to form 06 June 2006
/
By r{U\~[A; OCQl(
Veronica Ocanas
Assistant City Attorney
For the City Attorney
H:\LEG- 01 R\ V eronicaO\FNG INEERING\Abandon & Vacate ORD\06 VO.ORD.StoneHenge.Sale-2456sqft.doc
counei/exhibits exh6266dc6267 c. dw
PARCEL LOCA rlON
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EXHIBIT -B"
STONE HENGE STREET
R.O.W. TO VACATE & ABANDON
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI. TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 05-10-2006
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20
2nd Reading
(First Reading held June 27, 2006)
AGENDA MEMORANDUM
June 27,2006
SUBJECT: Stone Henge Street
Disposition of Surplus Property (E. Perez)
AGeNDA ITEM:
A. Public Hearing to consider abandoning and vacating a parcel at unimproved street
right-at-way containing 822 square teet out at the Plat at Brighton Village Unit 4
Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby
Drive, in connection with the Realignment of Stone Henge Street.
B. Ordinance abandoning and vacating a parcel of unimproved street right-at-way
containing 822 square teet out at the Plat of Brighton Village Unit 4 Subdivision,
Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in
connection with the Realignment at Stone Henge Street.
C. Ordinance declaring as surplus property a parcel of land containing 822 square feet
out of the Plat of Brighton Village unit 4 Subdivision, Nueces County, Texas, and
located on Stone Henge Street at Derby Drive, in connection with the Realignment
of Stone Henge Street.
D. Ordinance approving the conveyance of a parcel of surplus property containing 822
square teet remaining from the Realignment at Stone Henge Street, to the adjacent
property owner Eduardo Perez, in exchange tor his perpetual maintenance at the
property, and authorizing the City Manager or his designee to execute a quitclaim
deed for the property; and declaring an emergency.
ISSUE: The plat for Brighton Village Unit 4 was filed for record in 1984 with Stone Henge
Street dedicated as a public right of way. The Boardwalk Unit 2 Subdivision build west of
Brighton Village Unit 4 required the realignment of Stone Henge Street as it continued
westerly from Brighton Village Unit 4 into the Boardwalk Unit 2 Subdivision. As a result of
the realignment of Stone Henge Street, excess right at way resulted and was considered
for disposition and conveyance to the adjoining property owner. This adjoining property
owner, Mr. Eduardo Perez, has willingly agreed to accept this excess land containing 822
square feet. As compensation to the City for this parcel, the landowner will provide
perpetual care and maintenance of the property. For purposes of producing clear title and
a correct lot description, the City will re-plat the property for the landowner at no cost to
him.
To begin the process of conveyance, a public hearing will be held to vacate and abandon
the parcel of right of way. Once the parcel is declared surplus property it will be conveyed
to Mr. Perez by Quitclaim Deed.
REQUIRED COUNCIL ACTION: Public Hearing process and passage of the three
ordinances as submitted.
FUNDS: No funding required.
RECOMMENDATION: Staff recommends the approval of the ordinances as presented.
1.J'1 J:: z:;.".~ -'"/z.o/"''''
~ge~ R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B Council Exhibit (R.O.W. to Vacate & Abandon)
H:\I-IOME\EUSEBIOG\GENlAgenda Items\Stonehenge ROW Conveyance.PerezlAgenda Mem.Perez.doc
BACKGROUND INFORMATION
SUBJECT: Stone Henge Street
Disposition of Surplus Property (E. Perez)
PRIOR COUNCIL ACTION:
1. February 22. 2095: Ordinance authorizing the City Manager, or his designee, to
execute a Participation Agreement with Onac Developers, Inc., owner and developer
of The Boardwalk Unit 2 Subdivision, site of the new southside elementary school for
public street improvements on Boardwalk Avenue and Stone Henge Drive, an urban
street abutting a dedicated public park, in accordance with the Platting Ordinance,
not to exceed $106,031.21 for City's share of costs of the improvements; and
declaring an emergency. (Ordinance No. 026160).
FUTURE COUNCIL ACTION: None
OVERVIEW:
Backaround:
Stone Henge Street, located in Brighton Village Unit 4, was realigned to match up
with Boardwalk Avenue located in the new Boardwalk Unit 2 Subdivision. As a result
of this realignment, excess street right of way developed along the south side of two
properties located between Sterling Drive and Derby Drive as shown on the attached
Exhibit B. The owners of these properties have requested that the City convey this
excess land to them. City staff has determined that it is in the best interest of the
City to convey these two parcels in exchange for the property owner's perpetual care
and maintenance of the properties
To commence the conveyance process, a public hearing will first be held to consider
closing and vacating each parcel of land. The two parcels will then be declared as
surplus properties and finally will be subsequently conveyed by Quitclaim Deed to
the adjacent property owners, The entire area conveyed will be retained as a Utility
Easement to accommodate existing utilities. For purposes of producing clear title and
a correct lot description, the City will re-plat the property for the landowner at no cost
to them.
H'\HOME\EUSEBIOGIGENlAgenda ItemslStonehenge ROW Conveyance,PerezIBackground.doc
EXHIBIT A
COLin~lIeXr'lb'($ eln6266&c6L67c Jjt
PARCEL LOCA nON
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(BUENTELLO) (PEREZ)
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EXHIBIT "B"
STONE HENGE STREET
R.O.W. TO VACATE & ABANDON
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 05-10-2006
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AN ORDINANCE
ABANDONING AND VACATING A PARCEL OF UNIMPROVED
STREET RIGHT-OF-WAY CONTAINING 822 SQUARE FEET OUT OF
THE PLAT OF BRIGHTON VillAGE UNIT 4 SUBDIVISION, NUECES
COUNTY, TEXAS, AND lOCATED ON STONE HENGE STREET AT
DERBY DRIVE, IN CONNECTION WITH THE REALIGNMENT OF
STONE HENGE STREET.
WHEREAS, there is an 822-square toot portion ot unimproved street right-ot-way out ot
the Plat ot Brighton Village Unit 4 Subdivision ot Nueces County, Texas, and located on
Stone Henge Street at Derby Drive, that is not needed for the Realignment ot Stone
Henge Street or tor other municipal purpose, that the City desires to abandon and
vacate; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the unimproved street right-ot-way
for all purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 822-square foot portion of an unimproved street right-of-way out
of the Plat ot Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on
Stone Henge Street at Derby Drive, is abandoned and vacated for public use as street
right-of-way, subject to Owner's compliance with the following specified conditions as
part of the abandonment and vacation:
1. F air market value is waived because Owner will be providing perpetual
maintenance ot the property.
2. Upon approval trom Council and ordinance issued, all grants ot easement
closures must be recorded at Owner's expense in the real property records ot
Nueces County Texas Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
3. Owner must comply with all the specified conditions ot the ordinance within 180
days ot Council approval; however, the Director of Development Services may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
H :\LEG-DIR\ V eronicaO\ENCi INEERING\Abandon & Vacate ORD\06. VO.ORD. StoneHenge.Ab& V ac-822sqft.doc
That the foregOing o~dinance was re~rst time and passed to its second
reading on this the cA~ P--- day of __ __, 2006, by the following vote:
Henry Garrett #l~~ Rex A. Kinnison
r ,
Brent Chesney ~ ~ ~ John Marez
~-
~-
That the foregoing ordinance was read for the second time and passed finally on this
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
-mr
Bitl Kelly
the __~ day of
2006 by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bit! Kelly
PASSED AND APPROVED, this the
day of
,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form June 5,2006
By .'\~~~1A(;~ ___
Veronica Ocanas
Assistant City Attorney
For City Attorney
H:\LEG..DI R\VeronicaO\F~G INEERING\Abandon & Vacate ORD\06.VO.ORD.StoneHenge.Ab&Vac-822sqft.doc
ORDINANCE
DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND
CONTAINING 822 SQUARE FEET OUT OF THE PLAT OF BRIGHTON
VILLAGE UNIT 4 SUBDIVISION, NUECES COUNTY, TEXAS, AND
LOCATED ON STONE HENGE STREET AT DERBY DRIVE, IN
CONNECTION WITH THE REALIGNMENT OF STONE HENGE
STREET.
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the 822-square foot parcel of unimproved street right-of-way out of
the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on
Stone Henge Street at Derby Drive, is declared surplus property, being a remainder
from the Realignment of Stone Henge Street.
H. \LEG- DI R\ V eromcaO\EN G INEERING\Abandon & Vacate ORD\06. VO.ORD-StoneHenge-822sqft-SurPty.doc
AN ORDINANCE
APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS
PROPERTY CONTAINING 822 SQUARE FEET REMAINING FROM THE
REALIGNMENT OF STONE HENGE STREET, TO THE ADJACENT
PROPERTY OWNER EDUARDO PEREZ, IN EXCHANGE FOR HIS
PERPETUAL MAINTENANCE OF THE PROPERTY, AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A QUITCLAIM DEED FOR THE PROPERTY; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is authorized to convey a parcel
of surplus property containing 822 square feet remaining from the Realignment of Stone
Henge Street, as shown on the attached Exhibit, as surplus property, and that the City
Manager, or his designee is authorized to execute a quitclaim deed to the adjacent
property owner, Eduardo Perez m exchange for his perpetual maintenance of the
property
H:\LEG DIR\VeronicaO\! NCi INEFRING\Abandon & Vacate ORD\06.VOORD.StoneHenge.Sale-822sqft.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on thiS the c9, ~ day of ~ ' 2006, by the following vote
Henry Garrett ~ Rex A Kinnison
Brent Chesney John Marez
Jerry Garcia
Mark Scott
Melody Cooper
Jesse Noyola
Bill Kelly
-rMf-
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of ___ ____u__, 2006 by the following vote:
Henry Garrett -_.- -~_..._..- -"- Rex A. Kinnison
Brent Chesney John Marez
-"-~'----'-
Melody Cooper --_._-- Jesse Noyola
Jerry Garcia Mark Scott
-, -..--.-..-.,-
Bill Kelly ----.---
PASSED AND APPROVED, this the
day of
,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form: 06 June 2006
By: ~~~Gv~__
Veronica Ocanas
Assistant City Attorney
For the City Attorney
H. \LEG- DI R\V eronicaO\EN GIN EERI NG,A bandon & Vacate ORD\06, va, ORD,StoneHenge, Sale-822sqft.doc
eouneilexhibits exh6266&6267e,dw
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EXHIBIT -B"
STONE HENGE STREET
R.O.W. TO VACATE & ABANDON
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 05-10-2006
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21
2nd Reading
(First Reading held June 27,2006)
CITY COUNCIL
AGENDA MEMORANDUM
June 27, 2006
AGENDA ITEM:
a. Public tlearing to wllsider abandoning and vacating a 22,692-square foot portion of an
unsurfaced, 40-foot wide dedicated public right-at-way (Yorktown Blvd. Extension), out of
Lots 9 & 24, Sec. 52, Flour Bluff & Encinal Farm & Garden Tracts. east of Laguna Shores
Road, between the Laguna Shores Road right-at-way and the Laguna Madre.
b. Ordinance abandoning and vacating a 22,692-square foot portion of an unsurfaced, 40-foot
wide dedicated public right-of-way (Yorktown Blvd. Extension), out of Lots 9 & 24. Sec. 52,
Flour Bluff & Encinal Farm & Garden Tracts, east of Laguna Shores Road, between the
Laguna Shores Road right-of-way and the Laguna Madre; subject to owner's compliance
with the specified conditions
ISSUE: Urban Engineering, on behalf ot Laguna Shore Resort and Marina L.P. is requesting the
street abandonment and vacation of a 22,692-square foot portion of a 40-foot wide unsurfaced,
dedicated public right-ot-way (Yorktown Blvd Extension), to allow for the future development of a
resort and marina in the area.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any
portion of street rights-of-way. City Code 49 -12, requires notification of the public prior to the
abandoning and vacating ot any street rights-of-way_
RECOMMENDATION: Staff recommends approval ot the ordinance on an emergency basis.
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
Exhibit D - Drainage Ditch
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUNC
Urb~:m Engineenng, en behalf of Laguna Shore Resort and Marina L. P., is requesting the
street abandonment and vacation of a 22,692-square foot portion of a 40-foot wide
unsurfaced, dedicated pUblic right of way (Yorktown Blvd. Extension). The existing right of
way (ROW) is occupied by the drainage channel extending east of the Yorktown Boulevard
intersection with Laguna Shores Road. The public ROW is being abandoned and vacated
and rededicated as a drainage easement as part of the future development of a resort and
marina. The ROW to be abandoned and vacated is located in a "B-4" General Business
Distnct.
The Owner, Laguna Shore Resort and Marina L.P., desires to offset the unsurfaced public
right-of-way, by rededicating as a 40-foot wide drainage easement. An additional 32-foot
wide drainage easement will be dedicated to the south as part of the proposed plat. Tyler
Subdivision, Block 8, Lots 10 and 11 approved by Planning Commission on Feb. 23, 2005.
Owner will dedicate a total 1 04-foot wide drainage easement. The drainage easement will
consist of the 40-foot wide unsurfaced right of way with an additional 32 feet to be
dedicated with the plat on the south side. An additional 32-foot wide drainage easement
will be dedicated as part of the proposed replat of Holliday Harbor subdivision to the north.
The dedicated 104-foot wide drainage easement will be constructed according to the
attached Exhibit C' ""he Owner will be required to allow public pedestrian access to the
Laguna Madre waterway (along the 24.5 foot embankment of the drainage easement)
within the 32 feet to be dedicated with the plat on the south side to be dedicated on the
south side
All public and franchised utilities were contacted regarding this closure request and no
objections were received by any of the utility companies.
Staff recommends that payment of the fair market value be waived because owner will be
dedicating a drainage easement of greater value to off-set the proposed abandoning and
vacating of the public right of way The owner has been advised of and concurs with the
conditions of the right-of-way abandonment.
EXHIBIT A
FROM ~, 'r
l\!:~P -\.CtHF: D-r;'~tr' d r-)e\'e\opnH~:\tC::pr\'ice~
:JA TE 1(
ro THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: -LLLne2LZQQJi
'RDINANCE CAPTION
P ~bi neard-i9:0 CCH1Sl, ,,:r (~JLJdlll:jl!llij'i'J dill) vacatiiig d ~.'2,G~)L-;::,LjUClrC fi...)l)t portion of an unsurfaced, 40-foot \'yidl;
tec!igl,t-of ,val tJ\v'L'he! Df Luts 9 ,Sc 24, See. 52. Flour Bluff & Encinal Farm
(-ifi: ! T, dCiS. "dSt 'Jf L :gul!.) SIHms Hid.! betv.;ccl" the La~'-Ina Shore, Road right-of-way and the Laguna Madre
C j, .<lc3i,ar.\],lillilg ,d (;'21 1110ipmtiuIl dilulbul-faced.40-footwidededicatedpulJlicrighl
ol-way (Yorktown Blvd. ExtenSion). out of Lots 9 & 24, Sec. 52, Flour Bluff & Encinal Farm & Garden Tracts, east of
LClguna Shores Road, between the LaguI13 Shores Road right-of-way and the Laguna Madre; subject to owner's
compliance with the specified conditions
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat IS recorded III Volume A. Pages 41--43, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF ~LOSURE
Staff recommeilds that payment of the fair market value be waived because Owner will be dedicating
additional drainage easement, to off-set the proposed abandoning and vacating of public right-of-way.
Owner ...vi!1 re-dl"dicate an Iinimum 40-foot wide drainage easement. An additional 32-foot drainage easement
on the south side of the 40-foot right-of-way will be dedicated with the proposed Tyler Subdivision, Block 10,
Lots 10 & 11. An additional 32-foot drainage easement on the north side of the 40-foot right-of-way will be
dedicated at the time of the replat of Holliday Harbor Subdivision.
')
T he Owner will ue required to allow public pedestrian access to the Laguna Madre waterway within the 32 feet
to be dedicatee with the plat on the south side
4
~~o surface improvements will be allowed on the drainage easement.
5
Owner IS required to close, abandon, and realign Shore Drive between Yorktown Blvd. and Seaside Drive at
the time of replatting Holliday Harbor
E:
Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real
property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit
approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be
submitted to th: Director of Development Services.
Owner must cvnply with ail the :opecified conditions of the ordinance within 180 days of Council approval.
ment Services
;\pproved
Date:
\gen\ag06\st-CioIYorktcwn ORD
EXHIBIT B
AN ORDINANCE
ABANDONING AND V ACA liNG A 22,692-SQUARE FOOT PORTION
OF AN UNSURFACED 40-FOOT WIDE DEDICATED PUBLIC RIGHT-
::JF-WA Y \ 'lORKTOWN BOULEVARD), OUT OF LOTS 9 AND 24,
SECTION 52, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS;
..OCA TEIJ EAST OF LAGUNA SHORES ROAD BETWEEN LAGUNA
SHORES ~OAD RIGHT .OF-WA Y .AND THE LAGUNA MADRE;
5UPI~C"- TO -:OMPL !,f1,NC F WITH THE SPECIFIED CONDITIONS.
WHEREAS tb !~ a J i,:nE: rtlU! i of]!", unsurfaced 40-foot wide
dedicated public right-of-way (Yorktown Boulevard) out of Lots 9 and 24, Section 52,
FloUi Bluff & Encinal I=ami ~ Garden Tracts plat recorded in Volume A, Pages 41-43,
Map Recor,js of Nueces County Texas, located east of Laguna Shores Road, between
the Laguna Shore":- Ri!ad 'Igh'of-way and tile Laguna Madre, that Laguna Shore Resort
and Marina L.P is requesting to have abandoned and vacated as a street right-of-way
to allow for the futureievelop'1len1 of a resort and marina and
WHEREAS, It has been determined that it IS feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the right-of-way for street
purposes, subject to the provisions below
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT-
SECTION 1. That ihe 22,692-square foot portion of an unsurfaced 40-foot wide
dedicated public right- of-way! Yorktown Boulevard) (depicted on Exhibit C) out of Lots 9
and 24 Section 52 Flour Bluff & Encinal Farm 7 Garden Tracts, plat recorded in
Volume A Pages 41-43 Map Records of Nueces County, Texas, located east of
Laguna Shores Road between the Laguna Shores Road right-of-way and the Laguna
Madre, IS abandoned and vacated for public use as a right-of-way, subject to Laguna
Shore Resort and Marina L.P 's compliance with the following specified conditions as
part the abandonment and Jacatlon
i Payment of the fair market value IS waIved because Sec. 49-12 of the Code
Of Ordinances eliminates payment of the fair market value when an
abandoned street IS unimproved, as it is in this case and the Owner will be
dedicating public drainage easement of greater value related to Tyler
subdiVISion and Holliday Harbor subdivision, to off-set this abandonment and
vacation ()f publiC riqht-ofway (depicted on Exhibit D).
Owner will i"e-dedlcat\':: (j minimum 40-foot Wide drainage easement. An
additional 3?-foot drainage easement on the south side of the 40-foot right-of-
way will be dedicated with the proposed Tyler Subdivision, Block 10, Lots 10
8- 11 l'.n arjditional 32 foot drainage easement on the north side of the 40-
t-{:Le2. ;fr'..\\;.; ",JE:l'l:1 -,;iJ;lh,{', \ )"kl '\\"1', 1 ,1.;1-
foot nght-ot-way wili be dedicated at the time ot the replat of Holliday Harbor
Subdivision
The Owr'er 's required to allow public pedestrian access to the Laguna Madre
waterwav within the 32 feet to be dedicated with the plat on the south side.
No su'fa~e nprovenlerl' s allowed Cl1 the drainage easement
,-
Owne I) I =;qUlred to)ose, abanJol1 and i calign Shore Drive between
Yorktown Blvd. and Seaside Drive at the time at replatting Holliday Harbor.
6) Upon approval from City Council and ordinance issued, all grants of street
closures must be recorded in the real property Map Records of Nueces
County, Texas, in which the property is located. Prior to building permit
approval of construction, an up-to-date survey, abstracted for all easements
and items of record, must be submitted to the Director of Development
Services
"7 Owner must comply with all the specified conditions of the ordinance within
180 days at Council approval.
H le!,~a" WS'H'J~)l(i'j 2(!()6".27 'nrkl(1\\Tlll,'lldon
That the ioregc'inq u dll ance was' hiCJ fOI the first time anD passed to its second
'eadin 1)11 this the
(~
j a\; ,)t
\.~.__",k
200h by the following vote
()rent c'-;<;[ "
Iii !\flaIE;
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~1~--
v/U
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( ]:, ~/I(
----T--
(()/, t
'1em)' -; d! Ie It
,~
F~ex A Kinnison
f\~elod ! r; or' f'
p'-----~~p N '~
Jerrv C-;c:n:Cl
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~A;=:Jrk Srntt
Bill Kelly
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That the foregOing ordinance was fp;:Jd for the second time and passed finally on this
the
day of
2006 by the following vote:
Henry Garrett
Rex A. Kinnison
Brent (~hesney
John Marez
Melody Cooper-
Jesse Noyola
Jerry Ga rCla
Mark Scott
Bill Kelly
PASSED AND APPROvED this the
day of
,2006.
ATTEST.
CITY OF CORPUS CHRISTI
-,...-.-..........- --
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved June 22 2006
By. -Lll. .' ") ...
. GKiYc~'~S~ith~"--
Assistant City Attorney
For City Attorney
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EXHIBIT D
1
22
2nd Reading
(First Reading held June 27. 2006)
AGENDA MEMORANDUM
SUBJECT: Sale of City Surplus Properties
June 27, 2006
AGENDA ITEM'
A Ordinance declaring eIghteen City-owned properties (listed in Exhibit C) as surplus
property, which include one developed residential property located at 3705
Topeka Street and seventeen vacant tracts of land nine of which are irregular in
shape and not suitable for building.
B. Ordinance authorizing the sale of eighteen surplus properties (listed in Exhibit C)
consisting of one residential property located at 3705 Topeka Street, eight
developable tracts which will be sold individually to the public by sealed bid, and
nine irregularly-shaped properties which will be sold to the adjacent landowners in
exchange for their perpetual maintenance and care of the property; and
authorizing the City Manager or his designee to execute the necessary deeds for
all nineteen surplus properties to be sold and conveyed.
ISSUE: The City owns eighteen tracts of land that were acquired for various purposes. The
majority of these tracts were acquired for street projects and are remainders that are of
irregular shape and size. Nine of the tracts will be sold by sealed bid to the public. The
City would like to sell and dispose of all these tracts in order to eliminate maintenance
responsibilities and expense. There is no interest expressed by City departments for use
of these tracts. Council approval is required to declare these properties as surplus and to
approve their sale and disposition
REQUIRED COUNCil ACTION: Passage of the ordinances as submitted.
FUNDING: No funding is required for this ordinance.
RECOMMENDATION: Approval of the ordinances as presented.
"
Attachments:
I~ ~ ~~6
t
Angel R. Escobar, P. E.
Director of Engineering Services
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Location Maps (18)
List of Surplus Property
H:\HOMF\EIISEBIOG\GE!\ilAgendi' Items\Salr' of SUI pius Propertv\Agenda Memorandum Surplus Property.doc
BACKGROUND INFORMATION
SUBJECT, Sale of City Surplus Properties
June 27,2006
BACKGROUND
ThE? Cd) currentlj h()ld~ eighto!ln properties I!sted ill Exhibit C, which are not needed for
any specific purpose 1 rlese properties consist of eight developable tracts, nine irregularly-
shaped properties, ;'1nd one residential property located at 3705 Topeka Street. These
properties were acquired over several years for various City projects.
The developable tracts were acquired by a various means including tax sale auctions,
private dedication, excess Navy Clear Zone land and other land acquisitions for certain
public projects that have since been abandoned. The nine irregularly-shaped properties
consist of mainly remainders from past street projects. The adjoining property owners
have shown willingness to accept these properties
In 1955, the City purchased two lots on Alameda Street for extension of Brawner Parkway
unto Alameda Street. In 1964, a property behind Alameda on Topeka Street was also
purchased for this same project. In September 2002, the City sold off the two lots on
Alameda as surplus property. This remaining property, 3705 Topeka, was used a rental
unit until 2002 The property is vacant and is in need of major repairs.
City Land Acquisition staff sent a notice to all departments informing them of the intent to
sell and dispose of these properties Of the original nineteen properties, one was kept by
Neighborhood Services to be utilized in their In-Field Housing Program. The remaining
eighteen properties require monthly mowing and maintenance and are being considered
for declaration as surplus and then disposal
It is proposed to sell the eight developable tracts by sealed bid to the public. A minimum
bid of $100.00 will be set. The property at 3705 Topeka will also be sold by sealed bid to
the public setting a minimum hid of $35,000 The nine irregularly-shaped tracts will be
conveyed to the adjacf,nt land owners in exchange for their perpetual maintenance and
care of the property
PRIOR COUNCIL ACTION:
1 Auqust 21, 1990 - Authorizing the sale by the law firm of Calamne, Linebarger,
and Graham of fourteen (14) Tax Sale properties which have or will extend
beyond the two year redemption period of fiscal year 1990-1991 with opening bids
of twenty-five percent of the judgment amount or $100, whichever is greater, and
releasing all liens and judgments to provide free and clear title. (Resolution No.
20965 )
2, November 1~ 1995.- Authorizing the City Manager or his designee to sell portions
qf RrennAn Addition illdllding Lots c:; 6 7 8 9, and1 0 and the portions of Lots
EXHIBIT A
1 of:{
15,16,17,18 19, and 20, south of the drainage ditch, Block 4 (Tract B), (Motion
#M95-328) .
3 September 9,2002 -
d. Ordinance vacating and abandoning a 5,02146 square foot portion of a 40-foot
wide unimproved street right-of-way out of Lots 35 and 36, Block 817, Port
Aransas Cliffs Addition, adjclcent to the Alameda Street right-of-way so that the
tract of land Cdn be sold as surplus property; and declaring an emergency.
Ord 025012
b. Ordinance approving the sale of surplus property consisting of 5,02146 square
feet out of a 40-foot wide unimproved street right-of-way from Lots 35 and 36,
Block 817 Peri Aransas Cliffs Addition, and authorizing the City Manager or his
designee to execute a Real Estate Sales Contract with the adjacent property
owner, Dr. James A. Ayers, forthe fair market value of $18,250; and declaring an
emergency. Ord.025013
4 December 10. 2002 - Ordinance approving the sale of surplus houses to be
moved and authorizing the City Manager or his designee to execute an Earnest
Money Contract and Bill of Sale for all surplus houses available to be sold by
sealed bid in connection with the McArdle Road Street Improvement Project,
Phase 3 (#6146), Bond Issue 2000, RFQ #C-6 and declaring an emergency.
Ord.025125
5 February 11, 2003 - Ordinance approving the sale of surplus property consisting
of 2,249.64 square feet (0.052 ac.) of vacant land out of Lot 11, Section 48, Flour
Bluff and Encinal Farm and Garden Tracts located west of the Compton Road and
First National Boulevard intersection in Flour Bluff and authorizing the City
Manager or his designee to execute a Special Warranty Deed to the adjacent
property owner, CCSemloh Partnership, Ltd., for the market value of $500, and
declaring an emergency Ord. 025186
6 January 18, 2005 - Ordinance approving the sale of surplus property for the
market value of $4,800, consisting of 2,226,6 square feet (0.051 ac.) of vacant
land consisting of the remainder of Lot 2, Block 2, Brayton Addition, located at the
northwest corner of Carancahua SL and Agnes SL and authorizing the City
Manager or his designee to execute a Real Estate Sales Contract and Special
Warranty Deed to the adjacent property owner, A.G. Edwards Development, Ltd.,
L.P, and declaring an emergency Ord.026108
7 Auqust 30, 2005-
a. Ordinance declaring a City owned vacant lot described as Lot 1, Block 121,
Beach Portion Addition as surplus property which is located west of Sam Rankin
Street and south of Hughes Street, and declaring an emergency. Ord.026419
b. Ordinance authorizing the City Manager or his designee to execute a Real
Estate Sales Contract with the Port of Corpus Christi Authority for the sale of City
surplus property described as Lot 1, Block 121, Beach Portion Addition and to
execute a Special Warranty Deed for the conveyance of this lot, as permitted by
the Texas Local Government Code 272.001 (b)(5), in connection with the Port's
Souths ide Military Rail Yard project, and declaring an emergency. Ord.026420
8 February 21 , 2006 --
a. Ordinance declaring a parcel of land containing 3,452.70 square feet as surplus
property out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on
EXH IBIT A.
2of3
nle northprnm( 1St corner of the Wooldridge Road and Airline Road intersection in
connection Witll the Wooldridge Road Street Improvement Project, Phase 1 - S
3taples tu )\lrll1e, !lroJect 6267 (Bond 2004). Ord 026665
!) Ordinance aoprovinq the conveyance of a parcel of surplus property containing
~,452 70 squar-e feet out of Lot 1. Block 3, Wooldridge Creek Unit 9 Subdivision.
loci-lted ()n the northernmost corner of the Wooldridge Road and Airline Road
interspchlrl tu the adjacent property owner In exchange for their perpetual
Ila!lltr~lll!ll (] i Hit, lJr Jper'\ cHld dS uJilsideration lor partial payment towards a
i-\Ei--- ele(lll(al~asPlTlent required tor the street widening project, and authorizin~J
the City Manager or his deSignee to execute a Special Warranty Deed for the
,Jroper1y ,Hil cjeclann~; an r~nlergenGY Old 026666
8. February 2L2006-
a.. Ordinance declaring a parcel of land containing 4,169.05 square feet as surplus
property out or Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east
corner of the Wooldridge Road and Airline Road intersection, in connection with
the Wooldndge Road Street Improvement Project, Phase 2 - Airline to Rodd
Field, Project 6266 (Bond 2004). Ord. 026662
b. Ordinance approving the conveyance of a parcel of surplus property containing
4,16905 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on
the east c;orner of the Wooldridge Road and Airline Road intersection, to the
adjacent property owner in exchange for their perpetual maintenance of the
property and as consideration for partial payment towards a AEP electrical
easement required for the street widening project, and authorizing the City
Manager or his designee to execute a Special Warranty Deed forthe property and
declaring an emergency. Ord. 026663
FUTURE COUNCIL ACTION: None
H:\HOME'-DavrdAc;IGI=N'AC;ENDA MEMOIBackgrculid info Surplus property.doc
EXHIBIT A
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2929 BLAKE ST
StAKE SUBD., N. PORT, OF 10
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CITY COUNCIL EXHIBfT
CITY OF CORPUS CHRlsn, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGe: 1 of 18
DA TE: 06 06 2006
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CITY COUNCIL EXHIBIT
Ctrr OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 18
DATE: 06-06-2006
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VICINITY MAP
NOT TO SCALE
WILLIAMS DR @ RODD FIELD RD
FB & EF & GT SEcr 28, PORr OF Lor 17
18,128 SF
II CITY COUNCIL EXHIBIT ~
II COY OF CORPUS CHRISTI, TEXAS
I DEPARTMENT OF ENGINEERING SERVICES
PAGE: 18 of 18 ::r =
- -
II DATE: 06-09-2006 ~
EXHIBIT "B"
LIST OF SURPLUS PROPERTY
A. SALE TO ADJACENT LANDOWNER:
---'---.--
-- -- -r----- -----.--- ------ ------
Lit N~~=-- ~-- --SUbdiViS~:~al D~~:::tior~ _ -~-
-- - +-- - --+-+
. . "iak, 3"", "'- ' -t
- .---) IbbOn -- -- 13:1,'\(--1----- -.
-1-;; 1[lghte~-;;I- i:~n ~- .- .--t 1
~_~~L: ~~::~~.Ile:---~ 1~:r~~Z~=~ ]---1--- 1
I',' f'arker's "!" )Jr.-u: "Ch ; J' .,
, ~: ~':'an"h";- :;::~:'~:;=I. .. 8,'.. ~::.~f2~4
I" 4:".'-; S Tancallu2 Brayton "-.ddr _----1._ _ _.E of 8
!----"--
"j i
,';238
~
~'--r-
SALE BY PUBLIC BID:
.n_ __
I .---~-
Legal Description
Subdivision Block
Lot
-.
!!. No,
10 3015
'1-1 6425
12 5709
13
14 723
Street
Surfside
(:C Beacl1 Acrln
,-
Saratoga ind · 'k
----1---- .~
141
106
Chapman
Gollihar
-.-- ---- ,- ,---
Merzbacher/Jester F _B and Enc Sec ',6
Osage
15 River Park/Beai
~ I-- Sea Pines f),
----
,. 3'y, Topeka f'F. ; Lffs", 17
r--I--. ----1-------- - ----
l_1~ '- VVilliams/~()~:iel(~_~ ._ __.-L__
i" of 8
3
W f<-. BlaKe 1 &'L
---.- ----
Wood Ri,.er #_ _.__
7B
-..-...--
Size
-'ZonillQ" Buildable Area {SFl Width Lel]gth Date Aca. PIl!!!ed
- --
'-" -,j"ll,,: S.393 IrreQular Irregular 03/06179 No
-.-..,---
! ,,-LJ<!rn! 1 095 21.9 triag. 07102176 No
:.:~:...:..-._-- __'._._n
. '" ". 'I!"" . 1'\1.- , ) 25n 37.5 120.5 03/07172 No
--"--_. '-'-.-
j ~tjSi(jt~j 'Itld: N,) 1,960 triag. triag. 07/01/88 No
Residential No 2.250 15 150 04/08/89 No
-- ----- - -_..._~_..~....- ---- -
:\.~!i'-J(;!-Iliaj --j., 1,743 Irregular Irregular 05107/82 No
Residential No 2,960 93 75 02/03170 Yes
Residential No 2,000 Irregular Irregular 08/09/88 No
ReSidential No 960 Irregular Irregular 08/09/88 No
-
--.-c-----
Zonina Buildable
Commercial No
Industrial No
Commercial Yes
Residential Yes
Residential No
Residential Yes
Residentiai Yes
pt 2R&29-3C R"sideiltiai House
____...1 Cc'r2.~~__._Y es .___J
\'iUME\NolirlaK,PRu,J~.Ci \~'OU ,5 >-Jperty IVlgnltlutil u' ;,urplus Propert\,
Size
Area (SF) Width LellQth Date Aca. Platted
1,272 54.7 46.5 07/07/83 No
37,157 Irregular Irregular 11/21/84 Yes
5,750 Yes
12,500 50 250 08/08/02 No
11,500 100 115 03/07172 Yes
15,158 137.9 110 06/22/44 Yes
6,893 61 113 Yes
8.125 65 125 07/10/64 Yes
21,083 No
6/21/2006
EXHIBIT C
Page 1 of 2
ORDINANCE
DECLARING EIGHTEEN CITY-OWNED PROPERTIES (LISTED IN
EXHIBIT C) AS SURPLUS PROPERTY, WHICH INCLUDE ONE
DEVELOPED RESIDENTIAL PROPERTY LOCATED AT 3705 TOPEKA
STREET AND <5EVENTEEN VACANT TRACTS OF LAND, NINE OF
WHICH ARE IRREGULAR IN SHAPE AND NOT SUITABLE FOR
BUILDING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS
SECTION 1" That eignteen City owned properties (listed In Exhibit C), whioh include
one developed residential property located at 3705 Topeka Street and seventeen
\lacant tracts of land r dne of I,vhlct! are Irregular III shape and not suitable for building,
are declared surplus ploperty
~rori!(:.:aC it' [
;--
IA.
r~'
Exhibit C
LIST OF SURPLUS PROPERTY
SALE TO ADJACENT LANDOWNER:
=r --L~y-al Descriptio;
1- -=- Street -'_ u+-fu!!ic!!;'I~;=1-_~locb+---
-i~:'" ~
=\;~r y=\ ~'::'_~ ~~~e-~t-~I
.+!~..~~1~ .
Parker s Addn
B'aytu , ;"Udr
n._ _ Br~lto'l Aj~
Surf$lde CC Beach Adc n
SALE BY PUBLIC BID:
t--------l'- ,------------...--
t~~~~l'. Strr:~'-
f- ----
i,
I
1---"-
[1)
~
I ; 3
Chapman kanc~ Rd
Gollihar
Merzbache:/Jester
Os e
.tiver Park'Be"_
. ,Sea Pines Dr
3 !tJ_~ IT opeka
lW IlIjams/RDdc~~leld
No addre",,-
_..::::..._+ pi
- -- -F--
,\- t~,:
Legal Description
Subdivision Blod
sarat~g-;,~',t_-1--
Kools,de Addl 6
FB&EF&CT See. 513
W.K Blake Accin 1&2'
Wood River #t
Sea P,nes Aden
PA Cliffs Addr
FB&Ef&(,T
..._~--
I --~!
Z-;;n;-;lli--I Buildable
-t
oL.__
I'f 1[)
.; 236
;.,3d
Jf2
,-
:
N()
:lUS'"d' Nu
-------+-- - --.-..
No i / /su
No 1.960
trrangle
Triangle
r.jJ
.-..-.- .l-...----.---..--.-.---,--~- - --'-
uf 16 I Residential I No
)' 2&4 I f~"s,del1t,al No
)( 1 i Residential No
Jf 8 J Residential No
!o?~.1:.9mmerClal L.~' No __
-- !
Lot I
I
!
-----~-----
Zoninq
Buildable
---'--
pt of 8 Industrral No
26 Commercial Yes
Eai of 8
'B
Residential
Residential
Yes
No
1 , Residential Yes
~ :3~ReSldential I---yes -
.~.. IPL8&293~;~:;'~ H~::'.
":G-rJIR' ',' "~a(\'J:~jG'h!E'FRIN'\P8' t,T" ih!t'
Size
Area (SF) I Width
!
-. .--- +---
Irregular
') 398
i \J~h
2 i.9
)') c::.. ~": 5
i--":::"~--
I 3,743 Irregular
2,960 Irregular
2,000 Irregular
960 Irregular
1 ,272 Irregular
Area (SF)
Size
Width
...............'-
Lenqth Date A~ Platted
f-------~ -~-
Irregular 03/06/19 Yes
tnag 0/ /02:1 6 Yes
Tnangle 0:5107//2 Yes
Triangle Oi/01/88 Yes
150 04/08/89 Yes
'~-'-
Irregular 05/07/82 Yes
Irregular 02/03/70 Yes
Irregular 08/09/88 Yes
Irregular 08/09/88 Yes
Irregular 07/07/83 No
Lenqth Date ACQ. Platted
37,157 Triangle Triangle 11/21/84 Yes
7,210 Irregular Irregular 07/09/03 Yes
14,025 55 255 08/08/02 No
11,500 100 115 03/07/72 Yes
15.158 137.8 110 06/22/44 Yes
6,893 61 113 06/23/93 Yes
8,125 65 125 07/10/64 Yes
18,128 Irregular Irregular 09/18/64 No
5/21/2005
Page 2 of 2
1 hat tt+, 'megcln~J ()'~H'ance W3SE'alJ for the first tl!ne and passed to its second
readincJ C1n this thF ,,1"'" jay of ~1Lt 200fJ by the following vote
r3rent
I". r ~,~;:) re7
/) i. i
'-' 1-:-T'-----
t.
( 1/ I I {
--+~
P; , \J~
:'___~LtZ~l1,-'v."
Hellly ;."11 rei:
- -~-l-
loX L,\ KIIH1ISOI
r'v1elod (nOI'p
:' !
iesse Noyola
Jerry I Jarcla
, i,\i
,
II/lark ~c:otl
I,' <-
- -~~-=-.
Bill Kp!
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
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED thiS the
day of
,2006.
ATTEST
Armando Chapa
City Secreta ry
Henry Garrett
Mayor City of Corpus Christi
APPROVED AS TO FORM 20 June 2006
N.,\ l' \ !0V~, { "- L/tt~ttlf,
'w ~ ----------
Veronica Ocanas
Assistant City Attorney
for City Attorney
'-ani.>.!;]'
AN ORDINANCE
AUTHORIZING THE SALE OF EIGHTEEN SURPLUS PROPERTIES
(LISTED IN EXHIBIT C) CONSISTING OF ONE RESIDENTIAL
PROPERTY LOCATED AT 3705 TOPEKA STREET, EIGHT
DEVELOPABLF TRACTS WHICH WILL BE SOLD INDIVIDUALLY TO
THE PUBLIC BY SEALED BID, AND NINE IRREGULARLY-SHAPED
PROPERTIES WHICH WILL BE SOLD TO THE ADJACENT
LANDOWNERS IN EXCHANGE FOR THEIR PERPETUAL
MAINTENANCE AND CARE OF THE PROPERTY: AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE
NECESSARY DEEDS FOR ALL EIGHTEEN SURPLUS PROPERTIES
TO BE SOLD AND CONVEYED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager or his designee, is authorized to sell the eighteen
surplus properties (listed in Exhibit C) consisting of one residential property located at
3705 Topeka Street eight developable tracts which will be sold individually to the public
by sealed bid. and nine irregularly-shaped properties which will be sold to the adjacent
landowners in exchange for their perpetual maintenance and care of the property; and
that the City Manager, or his designee, is authorized to execute the necessary deeds for
all eighteen surplus properties to be sold and conveyed.
y:\ lEI 1\1 PV \T(''';,';n)!NI INFI R l~ ( ,\ Py: \ \\ '06\/n (li,rl7()6()RD 19Pror>cr1ics.Sale.doc
Exhibit C
LIST OF SURPLUS PROPERTY
{::., SALE TO ADJACENT LANDOWNER
Letjal DeSCIlf.iUOL
r~ ~~~:d~isiol' _I ~19S:~J
.-.-
. _ Str~_~l
J
, 'ohleentl '
t _cc_ -- r-+
+2-"~+!:~Jrleteentt . _~''L I eLe < -+ oll
ii~kers,A "I "I,
r '.' T~L~rf;ark;'~-Ali~L __ lpdrKe" Addr' +~ ____
'),'V ,P,um Boo, ',Jdl ;-:c
t 4" !:: Caranc2'u '~;,;-,-'--=-~ ----
t4.~- !:c; Tancar ts ~~. -:\.j;
L_lJ~~:~.rs~ _. - tC'::Be.a..o Adl,l 4
B SALE BY PUBLIC BID:
--...
.'T- -"---~
~oning I Buildable
--~--i
., "CC ,,,0>,1
'C'
. :"i
I
'.'or 'd I
. ,,'~ "" ,
,1 L
Ul 16
,.',Ut:lId
----...----r-- -
Residential
ReSidentia'
1-' .L
)f 2&4
Q
i Legal Descriptiol
""-~l~i:t-=--~ ~'~='r Sll-~division_ Bloc~
:.:tr=: ~:=ran R~ch Rd ~:~~:~::;::~;K! 6 l
__*J. -+- f
' Merzbache Jfcster FB&Ef&CT'" I Sec ~'3 . ,a" of 8 Residential
"4=-. Os e V\ K -~Iake AC~~~?~ - '~._' Residential
,River Park He. '>!i,e'!:,:: Rive>;' #'-+. ". ,+- ___., Residential
"it -Iso> p"" s " P"'c !'<"",-!-,', i- ,__ R"ideoli'
.~ J~) Topeka P0._C_~ffs--\dd,_~_ c t p;)b&,?9-3Q.. ReSidential
'~L l/~llIiar:'~ 0 c elc ~B&r:'&( - ,~~ 2( __ ..i.(crnrneicla!...
Nc'
i~1. )
Nu
['J:
No
Nu
No
No
No
:'::-ot I Zonin~
=----t..
l
--+..----1-----
Jf 8 i ,",dus\lIal No
No aadr- --
I EGnIP'<""Vl;C?()\FN(~INFfRI""-;\P8,1 A\hh'h,1 ('
[c'
I Commercial
Buildable
Yes
Yes
No
Yes
Yes
House
'Y'es
'---
T-~ Size
Area (SF) Width Lenqth Date Acq. Platted
~ f-----' ~-_..
:'398 Irregular Irregular 03/06/79 Yes
J9S 219 trlag 0/02, /6 Yes
,'.250 rllangle Tllal1gle 0,,/07/ 12 Yes
1,960 Triangle Triangle 07/01/88 Yes
2,250 15 150 04/08/89 Yes
_0-.__"-'
3.7 43 Irregular Irregular 05/07/82 Yes
2,960 Irregular Irregular 02/03/70 Yes
2,000 Irregular Irregular 08/09/88 Yes
960 Irregular Irregular 08/09/88 Yes
.e
1,272 Irregular Irregular 07/07/83 No
Size
Area (SF) Width Lenqth Date Acq. Platted
37.157 Triangle Triangle 11/21/84 Yes
7.210 Irregular Irregular 07/09/03 Yes
14,025 55 255 08/08/02 No
11,500 100 115 03/07/72 Yes
15,158 137.8 110 06/22/44 Yes
6,893 61 113 06/23/93 Yes
8,125 65 125 07/10/64 Yes
-.
L 18,128 Irregular Irregular 09/18/64 No
6/21/2006
fhat t'1E foreg(w:;J crdl'1ance ,,",'as 'cad for the first time and passed to its second
Ii'
(eading un tt11S tne
dav at
I.
2006, by the following vote.
Henrv Carrett
t, \\.
f~ex A Kinnison
Melod'y' 'ooper
lesse Noyo!a
-~94<..
~~~
I I,
!] u,JJil~ ,.....
- ~----
){
--u---
Brent C'lesnev
( t\
.4
lohn Marez
Jerry3df
:v1ark Scott
Bill Kellv
! .L t,(
\L__ --4-
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 Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the ___ day of
,2006.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form' 20 June 2006
\ "C\". i .:/.(
I , jft .,'.1 II Ii ., i_
By: ,"" \, ~"\.l t.... ',.lLL''''-''' 2
Veronica Ocanas
Assistant City Attorney
For the City Attorney
H !,
1')\\
i {, 'N' lNI 'Pi}!'''P\? '()o \1(' '1(:)706 (lR.D ICJPrn',crlics.SClle.doc
23
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 7/11/06)
Cue No. 0506-09. Buchalter Real Estate. LLC: A zoning change request from "R-IB" One-family
Dwelling District to a "B-1" Neighborhood Business District, being a 1.00 acre out of Paisley' s Subdivision,
located 150 feet from the northeast intersection of Sycamore Place and Greenwood Drive.
'Juntn\! Commission and Staff's Recommendation (5/31/06): Denial of the "B-1" Neighborhood Business
District and approval of a "B-lA" Neighborhood Business District.
"ested Council Action: Denia] of the "B-1" NeIghborhood Business District and approval of a "B-IA"
Neighborhood Business District
Puoese of Request: Change the eXIsting zoning to allow a retail use, specifically a Dollar General
Store.
S.....marv :
· The applicant is requesting a change of zoning for a one (1) acre tract from "R-IB" One-family
Dwelling District to a "B-1" Neighborhood Business District for a Dollar General Store.
· The subject property is being subdivided out of a 30 acre parent tract of Paisley's Subdivision and is
currently undeveloped. [t is located in the southwest corner of the tract and approximately 150 feet
from the intersection of Sycamore Place and Greenwood Drive.
· The Dollar General Store IS proposed as a single tenant building that is 9,104 square feet. Dollar
General will employ approximately 3-5 people. The typical hours of operation for the Dollar General
Store are: Monday-Saturday from 9am-8pm and Sunday from 10am-8pm.
· The "B-1" Dlstnct offers various retaIl, office, and restaurant uses to serve the needs of nearby
resldentIal neighborhoods. Bars, luuoges. taverns and auto repair uses are not allowed.
· De\elopment of this property with the proposed use could generate approximately 595 vehicle trip
ends per day. The subject property is located along Greenwood Drive, an arterial roadway that is
deslgned to accommodate large volumes of traffic. Traffic generated from this project would have
direct access to the artenal roadway wlthout traversing residential neighborhoods to the north, south,
east or west
· Propertles ImmedIately adjacent to north, south, and east of the subject property are zoned "R-IB"
One-family Dwelling District. The current zoning across Greenwood Drive to the west is "B-1"
Neighborhood Business District. The Comprehensive Plan Elements can generally be supportive of
neighborhood busmess development since the subject property has direct access to an arterial road.
· The proposed budding does not meet the delivery area setback requirement of fifty (50) feet from the
residential property lme to the south or the side yard setback requirement to the north as required in
the "B-1 A" Neighborhood Business District. The applicant will request variances for these items
from the Zoning Board of Adjustment
Agenda Memorandum
C_ No. OS06-09 (Buchalter Real Estate, LLC)
PaF2
-\..Jieant's Position: The applicant IS agreeable to a "B-lA" Neighborhood Business District.
N~don; Of the twenty-five (25) notices mailed to the surrounding property owners, one (1) was
returned in favor and one (1) was returned m opposition. The 20% rule is not invoked. This case is
co..lclered noncontroversial.
MGIFGM/blp
AUlIe=--ents:
1) Zoning Report
2) Planning Commission Minutes (5/31/06)
3) Ordinance
// ":wf;1f ~- '.
~c~~: Gunning, Aic;WV~
Acting Director of Development Services
H '.PLN-DlR\SH '\RED\GAIl 'WORD\AGENDMEM\2001i\May\0506-09 AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No.. 0506-09
PI.nuing Commission Hearing Date: May 31, 2006
!J
Ii
II
Applicant: Buchalter Real Estate, LLC
Owner' Manuel M, Gonzales
Agent: RJS Development -- Mark Bush
Legal DescrtptlonlLocatlon: Being 1.00 acre out of Paisley's Subdivision, located 150 feet
from the northeast intersection of Sycamore Place and Greenwood Drive.
i From: "R-IB" One-family Dwelling District
To: "B-1" Neighborhood Business District
Area: 1 acre
Purpose of Request: Change the existing zoning to allow a retail use, specifically a Dollar
! General Store
1
~
"0
II
ClI
~(Il
.1 ~
~~
f
~
Zoning
Site "R-IB" One-family Dwelling
District
Vorth ; "R-I B" One-family Dwelling
; District
~ __ ..._~_____ _n_ _
South "R-IB" One-famil) Dwelling
District
East i "R-lB" One-family Dwelling
1-0____ j District ___ _
! West ! "B-1" Neighborhood
__1 Bu~iness Distrj(;_~_
Existing Land Use
Undeveloped land
Future Land Use
Traditional Neighborhood
Undeveloped land
Traditional Neighborhood
Low density single-family
residential
Undeveloped land
Traditional Neighborhood
Traditional Neighborhood
Commercial and Medium
densi residential
Commercial and Multi-
famil
CI(S <1.1
Ii
...-
~ .S
~>
Area Development Plan: Westslde - The future land use map recommends low-density
residentIal. however, a modification to the plan allowing for controlled neighborhood business
uses is acceptable,
Map No.: 049040
Zoning Violations None
lOlling Report
Case No. 0506-09 (Buchalter Real Estate, LLC)
Page 2
J~
("I)
'IS
-.s
~r.fJ.
. The applicant is requesting a change of zoning for a I acre tract from HR_} B" One-family
Dwelling District to a "B-1" Neighborhood Business District for a Dollar General Store.
. The subject property IS being subdivided out of a 30 acre parent tract of Paisley's
Subdivision and is currently undeveloped. It is located in the southwest comer of the tract
and approximately 150 feet from the intersection of Sycamore Place and Greenwood Drive.
. The Dollar General Store is proposed as a single tenant building that is 9,} 04 square feet.
Dollar General will employ approximately 3-5 people. The typical hours of operation for the
Dollar General Store are: Monday-Saturday from 9am-8pm and Sunday from} Oam-8pm.
C'
eIS
~
::I
r.fJ.
~
~
.....
tl:l
. The "B-1" DIstrict offers various retail, office, and restaurant uses to serve the needs of
nearby residential neighborhoods. Bars, lounges, taverns and auto repair uses are not
allowed.
. Development of this property with the proposed use could generate approximately 595
vehicle trip ends per day. The subject property is located along Greenwood Drive, an arterial
roadway that is designed to accommodate large volumes of traffic. Traffic generated from
this project would have direct access to the arterial roadway without traversing residential
neighborhoods to the north, south, east or west.
.
Properties immediately adjacent to north, south, and east of the subject property are zoned
"R-IB" One-family Dwelling District. The current zoning across Greenwood Drive to the
west IS "B-1" Neighborhood Business District. The Comprehensive Plan Elements can
generally be supportive of neighborhood business development since the subject property has
direct access tD an arterial road
i
I ·
i
i
I
I
I
The proposed building does not meet the delivery area setback requirement of fifty (50) feet
from the residential property line to the south or the side yard setback requirement to the
north as required in the "B-1 A" Neighborhood Business District. The applicant will request
variances for these items from the Zoning Board of Adjustment.
~~----- --T-
Street
I -'_"__Ein~
Greenwood Drive Arter
- --... .--.--
--..-.-..-'.--."-- .._- ---..----. .--.-.-
Type l Paved Section Volume
_.~-,.~-- -- (2001)
ial 64 feet 12,250 a.d.t.
- --
I The subject property is not platted
I
Lorung Report
elSe No 0606-09 (Bernard and Kim Seger)
Page 3
J:l
!
.
."
II
e/.) e
=
~
a=
Approvalof"F-R" Farm-Rural District
It
Q e
IJ
~
.III
~
U
I Pending
i
I
i Number of Notices Mailed: 8
I Favor: 0
! Opposition:
! (As of June, 2006)
Attachment: Zoning Map
H:\PLN-DIR\SHAREDlGA II \ WORD\70NRPTS\2006\June\0606-09 Report doc
CLIFF MAUS VILLAGE
,
A-1
B-1
PAISLE
SUe.
"I:C.,.
,o~
IiCI:I.
R-1B
PAISLEY HOFFMAN TRACT 12.D
05/16/06 SRR
Zoning Map
Case Z0506-09
foR Form RUNt Olotrk:'
RE Reside.... estate District
RA en. Family OweIllng Dlotrlct
R.'''' On. F...., Dwelling DIIII'IcI
R-'B On. FomlIr Dwelling Dlltrlct
R.,e On. Family Dwelling Dlllnct
R~TH Tc\wnhou$e Dwelling District
B~' Neighborhood Business Dlltrlct
B-1A Neighborhood Buslnes. District
B-2'" BI"llr 1IIInd Buoln... Dlltnct
1-2 Light Indultrlo' Dlltrlct
1.3 Heavy Indullrll' OJ_Irk:!
SP Spacial Permit
PUD Planned Unit Development
He Historlclf-Cuhura' Landmark Preservation
R.2 Multiple Dwelling Dlltriet
T.'''' Tray", Trlller PlrI. Dlolrlel
T.1B Mlnulactured Home Plrt< Dlotrict
B.2 Boyfront BUBlne.. DIBtrtct
BD COrpul ChrlBU Beach o.llgn Dllrtct
8.3 Buaines. District
T.1C Manufactured Home Subdi\lilion Oi..rk.
AT1 Apar1ment House Dtstrict
....,... "'panment HOUII Dlotrtcl
AS Pro'e.slonal Office District
8006 Primary Business Core Ois'rlct
1.1 Limited Industrial Districl
N
A
8-4 Gen.ral Busln... District
City of Corpus C:hrlati. Te.a.
A-2 Apartment House Oistrlcl
8.5 Prim.ry Bu.ln.... District
AT ApartJrtent.Tourtsl District
Dep.nmenl of O-'opment'Services
o 50 100
P""'\...--
200
. 'feet
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Cbambers- City Hall
Wednesday - May 31, 2006
e. 0506-09
Buchalter Real Estate, LLC: From a "R-I B" One-family Dwelling District to a
"B-1" Neighborhood Business District
A 1.00 acre out of Paisley's Subdivision, located 150 feet from the northeast intersection
of Sycamore Place and Greenwood Drive.
Shannon Murphy presented the above case with a Power Point presentation stating the request was
for a "B- 1" Light Industrial District for the development of a Dollar General Store. The subject property is
cUltently undeveloped and is located near the intersection of Sycamore Place and Greenwood Drive. The
swrounding land use is single family use with a neighborhood business to the west of the subject property.
The future land use recommends single family use with a modification to controlled neighborhood use. The
faGility is approximately 9,104 square feet and will employ three (3) to five (5) people. The hours of.
operation will be from 9:00 a.m. to 8:00 p.rn. There were twenty-five notices mailed with two (2) notices
received in favor and two (21 notices received in opposition. Staff recommends denial of the "B-1 "
Neighborhood Business District and, In lieu thereof, approval of a "B-1 A" Neighborhood Business District.
Public hearing was opened.
Mark Bush, representative of Buchalter Real Estate, Corpus Christi, Texas stated the applicant was
agreeable to the recommendation and is available for questions.
In answer to CommIssioner Huerta' s question, Mr. Bush stated the residents adjacent to the
property line do have a wood fence and would be agreeable to placing a landscaped screening fence on the
SUbject property. There are forty-five spaces available for parking with spacing of one (1) car per every two
hundred (200) square feet of floor area.
('pmmiSSlOner Puslev stated eoneem with the dumpster abutting to the residential area.
MIchael Gunning stated that a more appropriate location for the dumpster needed to be located.
CommiSSIOner Zamora stated that the "B-1 A" IS an appropriate zoning for this project and believed
that the screening fence will take care of the parking and dumpster issues
Denial of the "B-1" Neighborhood Business District and approval of the "B-1 A" Neighborhood
Business District was made by Commissioner Zamora and seconded by Commissioner Martinez. Motion
passed unanimously
H:\PL"I-D!R\SH,A,RED\liAlt WORD" ;GENDMEM\2001i'\1"y\0501i-09 Minutes Excerpt doc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY BUCHALTER REAL EST AT!, LLC, BY CHANGING THE ZONING
MAP IN REFERENCE TO ONE ACRE OUT OF PAISLEY'S
SUBDIVISION, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO
"B-1A" NEIGHBORHOOD BUSINESS DISTRICT DISTRICT;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
VWHI!REAS, the Planning Commission has fOlWarded to the City Council its reports and
recommendations concerning the application of Buchalter Real Estate, LLC, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHBREASt with proper notice to the public, public hearings were held on Wednesday,
May 31, 2006, during a meeting of the Planning Commission, and on Tuesday, July 11,
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
VWHEREAS, 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.
NeW, 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 one acre out of Paisley's Subdivision, located 150
feet from the northeast intersection of Sycamore Place and Greenwood Drive from "R-
1 B" One-family Dwelling District to "B-1A" Neighborhood Business District. (Map
049040) (Exhibit)
S8CTION 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.
SICTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SIeTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 6. 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
atached, 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 11th day of July, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Annando Chapa
CIty Secretary
APPROVED: June 29.2006.
Henry Garrett
Mayor, City of Corpus Christi
ry . Smith
A.sistant City Attorney
For City Attorney
H :\LEG-DIRISharedIGaryS\agenda\2006\07 -1'10506-09 Buchalter all gws060627 doc
Page 3 of 3
Corpus Christi, Texas
day of
12006
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. "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
WHliam Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
---
~ .\LE G-DI R\Shared\GaryS\agenda' 2006\07 -11 \0506-09 Buchalter alt gws060627. doc
BETNG A J.oo ACRE PARCBL OF LAND our OF PAISLEY'S SUBDIVISION, CITY
OF CORPUS CHRISTI. NUECES COUNTY, TEXAS. fURTHERMORE DESCRIBED
AS FOLLOWS;
POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF PAlSLBY'S
SUBDMSION, ON 111! BASTERL Y IUOHT ..()f-WA Y LIN! OF GREENWOOD
ROAD; 'IlIENC2 RUN N 2r22'! J' B ALONG SAID EA81'RLY RIGHT .oP-W A Y
LTN'E A. DISTANCE OF 120.00 FEET TO A POINT: TRENC1! tEA VINO SAID
EAST!IU.Y RlOHT"()F-WA Y LINE, R.UN S 61"40'45" E A DISTANCE OF 363.00
FEET TO A POINT; THENCE RUN S 2r'22'11" W ^ DISTANCE OF 120.00 FEET
TO A POINT; mENCE R.UN N 61.~4S. W A DISTANCE OF 363.00 FEET TO THE
POINT OF BEGINNING. HEREIN OESCRfBET> PARCEL CONTAINS 1.00 ACRES.
MORE OR LESS.
OSf)/()-Oq
mTa Of TI1CAS
CI10NtY or NUBCI!8
1.1JOO ACR!
it. ~ OF A 1.000 A.CU 1'JAC'l' OUT 01' LOT l2. SICIlO'N D, PAIlLBY'S
S..~ 01' TIll ROJIIIMAl'f ntACI' J.J ~ INVOI..UNI A. PA.OI28.
~ UCOJDI OPNUBCII CO\JNt'Y, 'l'BXA8, AJoID B!DoICJ MORE PAa:nC'VLAJU. Y
~ BY MBTBS AND BOUNDS AS FOLLOWS;
..-.mcG.. ..... fOIl r..l.e....-v...1faid-oi-,.,.,.... ol~ RoId
(If LO.W.).1Ir ... ...,ofan woo4....1Wt i. ......Jal . y",- 17,....
51. .... JMaIdI CoDy, r.aa.. tIr lie WlllItCOllllf of.... LcIt 12. ... 0 ..
....
_IlH"~li.-ol~"'" ...2I,It.......
(..... Merta2r'. 15" BIll), to. ~ ... 1IoD_ wItl alp 1It_"
~~
~'K
infO aDd 1PIlriDI.ud Lot 12, Seed.]) 1M foIln1n1 twO (2) CGUneF.
1).....' ....... z.tt, a...... tfJUM....1D . ~ Jocb boa 104 wtIb CIp let.
Z).... -tIlt 'WId, ......f4........ a \i"''' toll wIda., . III
.... .' .J....~ lit 1.11IIII.......-ar..
Pall. ualt 1 ..,.8aalb61.<<r4,..E8t, ..~Gt917.23 f;et, (~
SouIIa 6 -<<r'45" 'SlIt);
....a wilt dIlII1bIUt lDDofaW (h..64'MlO11 PaIr, Ualt 1, Nordt ,............
.---- ef ... (uIW Nc:dt 611140'45" 1!IIt),1D 1M POM 01' B&GINNING m:l
......... t... acftI or Iml.
... ~ JlA8l8l1&re1A iltIII -.-,-.&eeI llOP'-atu. of IIi4 ~ftOd. Put. Ulail
.. .... ,.....W .... . dtItIDoI ofJiII.23 .... (c:aUed Nwth 61."0'''''' East, l~'o.oO
tM)
I. 81111wn T. AIb, do llGI1i111bM.. ~ - UIOCi'" ablbit ~ prepII'C4 bID ·
.......,. sumIT ...."ltd UDder IIQ' dIzeotion dmtq March 2006. I1KI is true lI\d comet If) the
'*' flfmy bowl. and belief
of-I SO (0&
Dde
~~
T.AIb
It~l ;;k~ Prafteioul LIod S~or
No. J681 Sl* ofT8IW
AIM1IIIMI1b: BIlMlftt" 1.1\00 .-net
lob: "" 1222
OI/U/JOOI liON 15:tO (TlIRl NO 59&) liIou
()SCXO '0'1
J~I 2' 19' ), a
10' U'
;! II i iFi I i r 't S /
"
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i! ;~ ;~~ 4" ,
U\
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I
fR z v::
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0 ~ ....
0 ... ~
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en
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9'
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...,
~J l
72' 12' 12' 12' 12 J
"'""'H" -tee:Ol)'--
, ~
1 --
! GREENVDOD RDAD
---
)> (80' R,D.V.>
If)
If)
OR:o)>
() (./)
~ I
fTl
(/)
nPw or ~
SMWllatlneerbl&GnIu" .""
ao& Oat II.......... Clrtle ClI.DIft
Pelham, Jllaho... 35114
(aosl aSRo6lIls
"ax, (2001 :J2o'~o4
. - ..
~ MIl .........
OSOtrQi to (\ 9\ Dlp
24
CITY COUNCIL
AGENDA MEMORANDUM
luly 11 2006
AGENDA ITEM'
Public Hearing on the Proposed FY 2006-07 Operating Budget.
ISSUE:
Section 102.006 of the Texas Local Government Code reads as follows:
The governing body of a municipality shall hold a public hearing on the proposed
budget. Any taxpayer of the municipality may attend and may participate in the
hearing.
REQUIRED COUNCIL ACTION:
Conduct the public hearing.
f .
'J~1d (A\d_Lhm-~
Eddie Houlihan
Assistant Director of Management & Budget
........ "....
25
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Corpus Christi Regional Economic Development Corporation Quarterly Report
OUTSIDE PRESENTER(S):
Name
Title/Position
Organization
Roland C. Mower, CEO/President, C.C. Regional Economic Development
Corporation
ISSUE: Quarterly presentation to City Council regarding an overview of the
following
· Business Recruitment Update
· Existing Industry Update
· Membership Update
· Economic Development Plan Update
REQUIRED COUNCIL ACTION:
No action required
Additional Background
Exhibits
26
CITY COUNCIL
AGENDA MEMORANDUM
I :itv Council Action Date: July 11, 200~
AGENDA ITEM. MoLo11 ;onf!!lllii \9 HI, i:liy [vb lage: s appointment of Bryan P. Smith as Police
Chief
ISSUE: Following the retirement of Chief Pete Alvarez, the City conducted a search to secure a
replacement for this position. That process included
r\Aeetings with employees business leaders and community organizations to discuss the qualities
necessary in the next Chief of Police.
Advertisement In the International Association of Chiefs of Police (IACP) publication, Police
Chief Magazine TML PEJC (police exec Jobs.com) and the City's internet site.
Receipt of 38 applicatiom; whIch were screened down to eight persons to go through an
Assessment Center.
Conduct of an Assessment Center by an outside consultant with assessors including police chief
from two major cities, a former city manager of a large Texas community and a representative of
the Civil Service Commission
A formal interview conducted by the City Manager and his Assistant City Managers.
As a result of this process, the City Manager has selected Bryan P. Smith to serve as the City's
, ,
next Chief of Police Commander Smith's resume is attached.
REQUIRED COUNCIL ACTION: The Police Chief is an appointment of the City Manager and
that appointment must be confirmed by the City Council in accordance with state statute.
CONCLUSION AND RECOMMENDATION: That Bryan P. Smith be confirmed as Chief of Police.
~
'George K. Noe
City Manager
Attachments: Resume of Bryan P. Smith
~.'~~fntflT~'
Qualifications Summar~
321 John Sartain Street
(~orpus Christi, Texas 78:10 1
161-88r;-26R:1
'I i'l' ( I tlT"1 ""lie' !k!',111n;..~!]f !]:15 h.-CII t!le hC11, 'd my pl(lj'('~sil1!la! lIfe f()f the
!:ist t w'ent:. rl I,' year., , and I ha n:: served in tht: nnk of CommalKkr f()r the last nine years
I havc experience in (111 aspects ofrolicc managcmem, and have a record of demonstrated
Sl.'~'cess Iii ,..ChlC' jag challenging <')j'K'f<.ltiona! ubjCCll\C:> whik 1l1l:<:tin.s slriz:l fiscal goals
l\1y dutks require that f mAke regular presentations to the City Council and City Staff,
and 1 have a solid record of accomplishment in addressing their issues and concerns with
competence and profeS,Jionalism.1 have workedproductivel)' and successfully 'with other
area law enforcemeul qencies,poUcc as~ociations, COmml.lULW groups, local refineries,
the Port of Corpus ChrISti, neighborhood Qr~itations and the business community. My
background and lrainiq,g provide a solid foundation of experience for the highest levels of
('(\mmand within a police organization
Experience
.
1'~1fllr-~
Polree Gaptaia, Corpus Christi&llieeDepattftlMt; 1992-t997
Police Lieutenant, Corpus Christi Police Department; 1986-1992
}>oUce Sergea.., Corpus Chri$tiPoliee DePartment; 1984-1986
l>()lice })atrolman, Corpus Christi Polic.e Department; 198 t - I 9&4
.
.
.
.
.
Crime Control and Prcnntion District Coordinator, I 999-present
Homeland Security Liaison, 2006-present
City Bargaining Team Mtlllber - 20061abor contract negotiations
.
Education
. it't:lil~t~[l~~'~.i~~?i~~.ntiij,j~tr!lti!!tlit~~) - University of the Incarnate Word,
San Antonio, Texas (t\1ay,2006) ,
. UlicHet~~'i~ftJ}fgtllefi1!:es.'(U~S) - University of the Inoarnate
Word, San A.ntpnio, Texas (De<:ember, 2004); Cum Laude
· Session 205, Quantico, VA
· (!'lIfJj.i.*'MJn~~.f) - Graduation September, 2006
O~tive
Command
Experience
Brvan Patrick Smith
.'
321 John Sartain Street
Corpus Christi, Texa~ 7840 I
:~61-886.2684
,\ '1 ('xccutiv\' kvel pC1s1ti(1n in [l medium tc> large POi Ice DCpa!1mcnt, allowing
me to utilize my talents and skills to increase the value of public service
:!;rougholliillunh'l1.lscd, probkrt: (lric'nld lljJna~)':ment, 'shik
cmp!lasizing th:: v;iluc of employees
,Ian, 2005- Present
Police Commander
i_'orpllS Christi Police UcpL
Uniform Division, Sector II Command
. Responsible for co-managing a $22-million budget, with a combined
staff of281 police officers and 101 civilians
· K..esponsible pollee patrol functions in the south half of Corpus Christi
(Sector II)
· Responsible for the coordination and management of the Crime
Control & Prevention District, which generates $4.2 million for 50
additional police officers and a Juvenile Assessment Center.
· Conduct quarterly presentations to City Cowlcil on Crime Control and
Prevention District budget and activities
. Serve as the Police representative on the City of Corpus Christi!s
n~otiation team - currently in contract negotiations with the Corpus
christi Police Officers' Association
. Responsible for the management and operations of the Corpus Christi
Police Department Search and Recovery Dive Team,
. Serve as the Corpus Christi Police Department's Homeland Security
Liaison,
Nov, 20()1- Jan, 2005 Corpus Christi Police Dept.
Commander - Training & Crime Prevention Division
. Responsible for all elements of the Corpus Christi Police Academy,
including the 28-week training course for nc\vly hired cadets.
· Responsible fur all Tn-Service training pro':ided to 435 CePD Police
Officers,
· Responsible tbf maintaining training compliance with all TCLEOSE
standards and directives.
. Responsible for the coordination and management of crime prevention
services and public relations activities.
· Served as a public speaker and media representative for the Chief of
Police.
· Responsible for developing and presenting all public information
presentations for the Crime Control and Prevention District, resulting
in a successful renewal vote in November, 2002
Police
,'8- \Ll\ );
(I. rp1.~:-~ C'hrls'; Pc,l.~'c [)cpt
Police Commander,- Unffonn Division
'.lanagcd ~lalJ 0 I. ,<' S pui!l.'t' ofill.'cr:; i!lhi l'1Vl i IUlI.:-
; ;;:\'c!'[','" tht Dt.'l'artl!H,>nt', "Tact.ic:d,'\ler Plan", alhwing fur !he
me!:> ,ilL cHili,,'l)' fCckpLl\l1h'IH "f !'J1W' ""f\.'C' during unforeseen
\. illCr~(ill':) I'. itk,ut ulllll.ing 0\ u lill.,
leSlh.nJ,', t, ~i i high ri,~, ~:iIU:\t!(
r ~'~; [ :: i ~ ~ ,l "J t:iI l.' ~~ :
'.,.!thin: ".' ('iI, 11Inih, Ir1Cjlldil1i~
~ .. \
,d..\ '- <!~rl L~: '"J,
t!\'.: ',\'1"1 L'itl1J
:unl) ".;IEi,!; ,it, "'d. i,,,i' .l<,j ] )", 1 :II! .L, h'1Y;, nile! rcdu..::cd
htalitv accidents h 47%
i,m, 1997- May, 1998. &: May 1999- Nov, 2001
Police Commander - Police Community Relations Division
. Manage division of seventeen () 7) officers and civilians \..~th an
annual budget of $800.000 a year.
Responsible for managing all crime prevention activities, including
Neighbors On Watch, the DARE program, Officer Friendly, Senior
t:itizen SerVlces, Crime Stoppers, Campus Crime Stoppers, and
Seniors and Lnw !:nforcement Together (SALT!.
· Developed the Gang Prevention Program, to educate parents on the
'ady signs and symptoms of gang involvement.
. '_-:OOrdinated with local community groups to implement a highly
successful graffiti removal program.
;:oordinated with local community groups to implement a gang tattoo
removal program
.. Organized the Department's first Community Oriented Policing
training program, \vhich preceded our initial steps into Commtlnity~
based policing.
f~stablisl]('c) the Police Department's first \\ cb Page on the Internet to
provide the citizens of otlr community gre.alcr access to our services
. First Line' Supervisor Instructor - Communication Class.
Corpus Christi Weed Coordinator for the \Veed & Seed Program,
funded by the US Dept. ofJusticc
995.Currcnl ('orrus Christj Police D<.pt. Corpus Christi, TX
Special Operations
Polic-e Search and Recovery Dive Team
· Prepare training schedules, equipment eyaluation and procurement plam, team
budgets and call-out protocols,
SWAT Team
· Assistant SWAT Commander, 1996-2001. Served as back-up
Commander for aU SWAT operations.
~~ '.f I \.., ; f
'i]'US Chmli f\dl,'~' [)cpu_','rvu~ ; 'kisl! TX
Police Captain
Communly Relallons OlV1Sion- 1994-1997
Executive antcer ofDivisioll
P,ospunsibk for all dh'isional asslFnmclits. ,.'rnrk'Yl'l' Sdlcdllling and
['rocuremen( of equipment.
'entre! !nfonnahnn Drw::ion - 1992- H1C14
',lanaged ;\ ~':l!' ,If 42 riat.! ('nlr; clerks \' 1111 an annual [)udgt't uf
I,UUU,Ouu
~.ucccssrllJl) \.1. tliani/.cd tiK j clcph0n~' lZcponing Unit (lRl.:).
decreasing the operational cost of the' unit while increasing its
cfIi(lCIll) (hi~ als,.) dii~J\\('d l'l~ht {S) U1Ui~Ji (':i,~'\.i P(dl\..~(' ()frl(er~ t.)
retum to regular patrol dut\
. mpro\'cd divisi,)nal morak. which had reached a low point prior to
my entering the division. By emphasizing the value of the employee
and increasing employee inpUl on operational matters, divisional
productivity increased 37% in two years.
. Developed a system to create a stolen vehicle "hot-sheet" for patrol
officers utilizing infonnallon available in ow computerized Records
Management System. This system is still in use today.
. Coordinated training and policy in the area of repetitive strain injuries
(carpal tunnel), increasing productivity while decreasing \vorkman's
":ompcnsMion claims and lost work time
1986-1992 Corpus Christi Police Dcpt.CorpU$ Christi, TX
Lieutenant
. Supervised various patrol shifts from 1986-1988
. Supervised the Vice Squad from 1988-1989.
. Supervised the Narcotics Section from 1989 -1990.
· SWAT Ueuten:mt from 1997-1992
1984-1986 ('orpus Christi Police DcpLCorpus Christi, TX
Sergeant
. Served in Spt:,;:1I Servic{'s Divisic.!1 (VjeelNarcotics)
1981-1984 Corpus Christi Police Dept.Corpus Christi, IX
Patrolman
. Joined Corpus Christi Police Department on August 24, 1981.
Cettfiea tions
.,.tIIlzed
Skits
Educati on
Boards &
Cofnmrttees
!,iaSlti j i, l HiS)- l'eacf' ,)nleT: It:11Il1Cali,)!
'[ f I:-;! ::,' i nl:\r,::m:n' lnqrU('[()f I~ ertitlc3ti.\n
,lsic <\\ -\ 1 (\nifictlliun- Federal BtH\.'tiu ()llnvcstigati()[)
Jnii.c<J S\\i\l 'erliflc.tlll'n Dallas l'(>Iic\ Department
\ ertll\ed !'utJ!IC InfonnatlUn \ JIlICe:
In":1 ).1 l;\ P.\li(in~~ In~:f.r'IL 1:;1
I ied\~\ [{chlle',n: inSlru:ll';
'. ~ J <:! . P 1 !~: I ): l:i h rl 1_:' <If ::-\!
I -\1 >1 ,:\\1\ anced DI\'C l'cr111Ica!:,
\ l< 1 '" i;,
,-l; ( (;1. \I-:! ,
.
t..fI!;lerofiBtfSi"LY:Adminitstmloo",(ttiBA)-. Univcrsitv of the
lflcarnale Word (May, 2006)
B_.r.~S~~~S) - University of the
Incarnate ~ 0 ,ember~4) ", ,.'
F.~tiolllfhlltoademy{JradUlw'{Sessi{ln 205), Quantico, V A
"~oltM_ger (CP!\1) certification Graduation
r. 2006
.
.
.
National Conference for Community and Justke (NCeJ), 2005 Wa!k-
as-One Governmental Chair
Del Mar Legal Professions Committee Board Member
Corpus Christi Crime Control & Prevention District .- Board
(mrdinator
· 200G "Relay for Life" Board Member - supports cancer research
· !vfHMR Advisory COtmci! - Past Board Member
.
.
T'aclre Bell:lviora! Health - f'3s1 Ad\'isory Council Board Member
intcrgtwcrnmcntal COlllmissicn un Drug and Alcohol Abuse Past
\dvisory t>.Icmll\.',
· "orp\ls Chris!.i Weed & Seed I'ropam - Prc';iotls Weed Coordinator
27
(Try COUNCIL
AGENDA ME!\10RANDllM
it\ ('oUllcil ,\ction Date: ()7 /11 !()6
_f----______..__
A(a:'\IH \ HE\I
Resolutlun l'xprc:;sllig "ftiL'lal mten! t,\ reimburse $12.tH)(),CHIO in costs with respect to the
(,('liS! I" 1: '.lCI11' I,lL I , I ;1
ISSUE:
The City 01 Corpus Christl II1tends !u issue City of Corpus Christi, Texas Utility Revenue
Improvement Bonds dunng the first ljuarter of FIscal Year 2006-2007. Included in these bonds will
be fundi ng for capital expenditures related to the design, planning, acquisition andlor construction of
certa1l1 pmjeds descnbed on Exhibit nA" ofthe Resolution. In order to adhere to the time schedules
to insure timely completIon ofthese prl ljCc1s, the City must move j()lward with contracts prior to the
complellun (l1the final c ()sing or tIlt' Bmcts. These amounts will not exceed $12,000,000. For the
City {p he eligible for rennbursement 1(1) any expcmlIturcs incurred prior to the bond sale, the City
must (b.:larc its intent ll' reimbur:--e ihclf for payments made prillr to the bonds being sold. This
action must meet -;pcc'ifi t! '-: '1 rCa~lll\ Regulations and requires approval by the City Council.
REQUIRED COUNCIL ACTION:
City (nunc1l appronl ( t' the reImbursement resolution in order to proceed with the projects as
schedul,'{l.
FUTllRE COUNCIL ACTIOI\:
Fall ;::I)U() Ordinance authonzing the Issuance and sale of City of Corpus Christi, Texas Utility
System Revenue Bonds. Series 2000,
CONe) .USION AND RECOMMENDATION:
Staff rccummendc- Clty ( ouneiJ appnn al of the ResolutIon as presented.
(,,~~~:'..c?_~ 0 (/1.v~
Cindy O'Bri~
Director of Financial Services
Attachment:
Resolutlon
( )
i)(I( \ i i( I( ! "
\iPR(\.I~'li'
\I'i,', ~'I\(
i i)~! ~,\I H
! !' l!
()III<
RESPH' !
, ,,1 '!
" !l:'-J 10 RIIMBURSl
j() II IE J ()'\JSTTU ("nON OF
I \ ,\', 11\ 1
,-iILRi,\" 'Ie \i
\ "ifill '. i ! 1,1 L
, I II', \ it \ "I I. d home-rule municipality and
,litlL'a \!"c1!\
! 'li, I, ttl'
\. \--
ill RI \" h
Icqu hIt I"!I1(1 ,Yh1;' "1
prioi Ie. h, h,lI,lI", l'
wailabk funds rani,'Idad,
,,"Pl" ,[ 1','\ L''\I','II.'iIllIl'' 11 l','llnel!IOn with the design, planning,
'I II., PI 'I,", I, !',cnh,'d " I "hllli' \' !!!Tl'10 (c'lllcctivcl:--', the "Project")
3al" 1f" 1\\ ii ' iilCl!1.11 "ith thc financing. of the Project from
und, "fl'W (ii' l'tilil' '\Qcl1l enterprise fund:
WIIERL\S. illL' 1.'11 finds, dlrl'lc.ich. and dedares that the rellnbursement of the City for the
p aym en I. ,) I such lxpend [Iur,s \\ III hl appr upriate and consistent with the lawful objectives of the City
and, as slIch, chouseo,lo .ieclare Its intenlluiL III accordance \vilh the provisions of Section 1.150-2 of the
freasur: R',:gulatLIIl>ciI ,buro,., Ihelr I,) )ueh paYilll'nb a1 \l1ch timc ,L:; it issues obligations to finance
the Project
IHERFFC lRl RF
n-IRISTl lHAT
RF'SOi VF]) HV ['HE I rv C'OUNCII OF THE CITY OF CORPUS
::,ectlOl1 t. The ','i!\ reasonably ('xpccts it \\111 II1cur debt as one or more series of obligations,
with an aggregate maxim un, prillclpa alllGunt not IU C\:eeed $12,000,000, for the purpose of paying the
aggregate costs of the Ilru!ec
Ss;.:!Jon 2 Ail ,ost, to he r:lmbursed pursuant hereto will be capital expenditures, No tax-
exempt obligations wIll be i~sued oy the ':'11\ in furtherance of this Resolution after a date which is later
than 18 months after the laler 0 t (I the dale the expenditures are paid or (2) the date on which the
propert\ \\ jth respect '0 whi:h sllch e\.pellditures were made, is placed ill service.
SectIOn) ihe iorcgoing. notwilh;landing. 11>' tax-exempt obligation will be issued pursuant to
this Resclution meTe than three vcar~ liter the date am expenditure which is to be reimbursed is paid,
;'\ttest:
( '1t\ of Corpus Christi, Texas
-\rmando Chapa, City '';ec etar'
HENRY GARRETT, MAYOR
( 'ITY OF CORPUS CHRISTI
APPROVED THIS TlIP-th DAY OJ Julv, 2006
t!. ..v~~"~
__~__n_...~_ ._..._______"__ _. u___ ..________
Lisa Aguilar, sistant City Attorney
for the City Attome\
j"hihit' \'
Impro\ cments and extensions to tl1(' \\ ater, Stormwater, \Yastewater, and Gas Systems.
28
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 11, 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a five year
,;onsuiting service agreerllenl with the Corpus Christl Convention and Visitor's Bureau (CVB) for the
purpose of promoting convention and visitor activity
ISSUE: The existing consulting contract was approved by the City Council on February 8, 2000 for a
five year period to expire on July 31,2005. The contract vas extended automatically as provided in
the contract through July 31, 2006. A revised Contract is recommended to be executed for a new
five year term effective August 1, 2006 through July 31, 2011
REQUIRED COUNCIL ACTION: Approval of a motion authorizing the City Manager to execute a
revised contract with the CVB
PREVIOUS COUNCIL ACTION:
February 8, 2000- Contract Approval
February 20, 2001 - Contract Amendment Regarding Board of Directors
April 24, 2001- Contract Amendment Regarding Appointment of Non-voting Members
September 16,2003 - Contract Amendment Regarding Appointment of Non-Voting Members
CONCLUSION AND RECOMMENDATION: That the City Council authorize the City Manager to enter
into a five year consulting contract with the Corpus Christi Convention and Visitors Bureau.
(J7l FI~
NAME
Attachments:
1) Background Memorandum
2) Proposed Consulting Contract
BACKGROUND INFORMATION
The current consultlllg contract between the City of Corpus Christl and the Convention and
Visitors Bureau (eVB) p,ovides for a live year term expiring on July 31, 2005, but is subject to
an automatic renev,al ;m ,10 annual basIs t here after
During the current Flsca! Yea' ('11\ .;;H\11 and reprl'sentm!\e~ uf rhi' ( on venti on and Visitors
Bureau began negotiatiol or aI: anencL:d contract Provided belo. are some primary terms
proposed in the ne\^' cont'act
I. The C VB will provide convention and visitor services III a manner satisfactory to the City;
2. The CVB will proVide 1O The City by May lof each year a Business/ Marketing Plan and line
item budget;
3. The CVB will be responsible for conformance to accounting Standards and completion of an
independent audit within 90 days of completion of the fiscal year,
4. The eVB shall make periodic and annual reports to the City of activities and work
accomplished..
5. The primary performance indicator of the CVB shall be the level of Hotel Occupancy tax
earned bv the City during each contract year;
6. All services performed by the eVB must be in conformance with the purpose for which Hotel
Occupancy Tax ray is expended;
7. A minimum funding level ofthil1y-five percent of the total 7% Hotel Occupancy Tax earned
during each contract YeaI
8. Included in the miOlmum funding le\e1 mentioned above shall be a sum necessary to pay the
debt service on the City's Certificate of Obligation expended for the location and site
development of the plaza for the Las Carabelas Columbus fleet;
9. Provision for payment of an incentive to the CVB for assisting the City in achieving an annual
J% increase in excess of the historical three year rolling average of7%. Hotel Occupancy Tax
earnings
10 Redesignates the required membership of the eVB Board of Directors; and
11. Requires certain insurance requirements.
('ONSllLTING SERVICES AGREEMENT
rh" ( ,nsuit nt' "l!vill':S\!:'Jl','mlTl ~ exel'uted 11\ and het\hl'n the City of Corpus Christi,
l'exas a I1lw1iclpal curpuratJull ~l1en':ll1dlter tlK' Tll)") dnd the Corpus Christi Convention &
\'islto! ~urldU ,j 1'1'" at, '[C'Xi1:; l10Ilrr,1l1t corp,)ratiun org.anizcd Cor the purpose of promoting
'01'\'(':1 II ... \1\ 'I 'h '''!'' i fpl,!! 1\;1\ 1l,'1 (h,'!, I!laner the "('ontractol''')
\\'J " 'J. ' :\ k:"
and the City benefits both indireltl)
~ales d\ and hllk! an 1 milk'
conventioneers; and
'1: :~ 1 n -1" 1 ')t' ~"ltjonccr" to Corpus Christi,
through murc l'conomic actlvity and directly by increased
\ P:l1lC\ ]1C(1lll de\"loped hv such visitors and
WHER.EAS, ContractuI' has profeSSIonal personnel who are trained and experienced in the
field or \lsitor anJ C,')n\ ention promotion and the City desires to continue such professional
promotion and advertising service through a contractual arrangement with Contractor;
NOW. THEREFORE. in conSideration of the mutual covenants contained herein, the parties
agree IS fo1l0wS'
l. SCOPE OF SERVICES.
1.0 I ('on tractor shall perform the foll'lwing services in a satisfactory and proper manner, as
determined by the City whose representative shall be the City Manager of the City of Corpus
Christi or his/her designee,
1.02 rh: Contractor ,hall soliclI \anous organizations and associations to conduct
meetings/conventions/tradeshows within Corpus Christi year-round. These target organizations
will be identified b\ Contractor In addition Contractor will utilize various
advertising/marketing techniques to promote City of Corpus Christi as a desirable year-round
meeting/convention destination.
1.03 !'ourism. (ont1'ac1<..)r shall promote the City of Corpus Chnsti as a year-round destination.
Those services shall I!1clude but are not limited to information services, web site, attendance at
traveVtrade/shows, e-mail requests, phone inquiries, advertising, public relations special
promoti'H1s and/or packaging
1.04 Contractor shall design and implement an advertising campaign with state, national, and
international coverage to feature the Corpus Christi area as an attractive region in which to
vacation or have conventions or group meetings.
1.05 Contractor shall pfiwide SUpp0rt services to conventions in Corpus Christi.
1.06 Contractor shall operate visitor information centers, as Contractor deems appropriate,
which shall make referrals to City attractions, including but not limited to the Texas State
Aquanum, U .S.S Lexington, Corpus Christi Museum of Science and History, American Bank
Center and Whataburger Field as well as other area attractions.
,
l.07 i ontractor :;hall pwvidc informal\lln and advice 10 businesses interested in tourism and
11' en;,,)'1' 'Iated husil1CS< ;') 11" (' )rpu~ ('hrist! i!rr_~('
I.OX ' olltraclor ~11al! advise the \ 1\\ In prolcCled gnl\\lh ut l.)urism and convention-related
i,J !;)e~, \i)! ,ill' ilC\l fi\, \,' lrS;' ,bsist Cil\ pldnning l,m)rt.
II \PPROPRIATIONS AND Al IlIT
2.01 \ cntractor shall pn,vide Ihe tily ( ouncil mlh a prellll1l1lar) Business/Marketing Plan (as
descrihed 111 ';,\\1"11 T\') h \h\ ", Ih \ l':U ','nlrch'\(" "h:111 i)l()\'ide the final plan to Cit\
CounCil no later than .\ugust I. each VCaI
2.02 the parties mutually agree ,md understand that fundmg under this Agreement is subject to
annual appropriations by the City Coullul and that each fiscal year's funding must be included in
the budget for that year and is not effective until approved by the City Council.
2.03 Contractor must maintain revenue provided under this Agreement in a separate account
established f(.r lhal purpose and n,l) no. \'omminglc City funds \\1th any other funds,
2.04 lxpenditures exceeding the total hudgeted amount must he paid from clearly identified
funds of Contractor.
2.05 Interest earned on funds contributed to Contractor by the City must be clearly identified,
credited, and reflected on the books ,IS resulting from such investment of such funds and the
same shall be avadable for Contractor use within the convention and visitor fund account.
2.06 rhe parties agree that receipt of~hese funds creates a fiduciary duty of the Contractor.
2.07 CpntractOl alse shall prm/lde an independent audit for expenditures of funds allocated
under thl s agreement for cadl vear bas'..>l on a fiscal veal' ending July 31.
2.08 Accounting records and the necessary lI1dependent audit also must conform to the
accounting standards as promulgated by the American Institute of Certified Public Accountants
and tc. the requirements Ilf applicabk slate law so as to include a statement of support, revenues
and e\pl'nse~. and balan( c sheets f()r a] funds
2.09 Early reports of an independent audit of the Contractor's expenditures and revenues during
the previous fiscal year performed by a Certified Public Accountant in accordance with
Generally Accepted Ac\.~ounting Pnncipals (GAAP) shall be submitted to the City Manager
within Sixty (90) day~, aflCr the end of '~ach fiscal year that this Agreement is in effect.
II I RECORDS.
L01 1'\Il' buuk::, ul acc,;Ul1t uf 'he c\ll1\ention and \lsitor fund held by Contractor shall be
maintatn,'d in a f(.rm approved hv the ('ity's l hrector of Fmance and shall be available for
lnSpeC!(\! ml,t '('1"\ ilL' tr the i)ir.'clw md hlS I,ll hn dllh allthml/ed agents and representatives
JUIlI1!-, {, c'llLI!'ll> ;l,',,,! llll' " ('(liil ,ld,ll [.zccll1,b >h~ili h, l,lllltained for at least 3 \C',lI'S
,iftcrli [1ii,tt' I ,; leI :illal,'! \ I' i, isrl'~'I1LIlI
1\. REPORTS.
4.01 By May I of each year, the Contractor will provide City Manager with a
Business/Marketing plan which outlines the overall objectives of the Contractor. The Plan will
describe the plan of action for the upcoming year including strategic markets; a line item budget
and siglllficant initiative:" Opportunities to promote city funded venues will be specifically
identified and included in the plan, Other information necessary to describe the Contractor's
efforts will be included as well
4.02 Performance Repons: The Contractor will periodically report to the City Council on the
activities and v,rork accomplished. The Contractor shall make any special presentations or
prepare specific reports if requested by the members of the City Council within 30 days of such
request.
4.03 Annual Reports, The Contractor shall report annually on the outcomes of the performance
measures presented in the Business/Marketing plan for the previous year. The Annual Report
shall be due within sixty (60) days after the end of each fiscal year that this Agreement is in
effect
V. PERFORMANCE MEASURES.
5.01 The performance (if the Contractor under this agreement shall be based on level of hotel
occupancv tax earned
5.02 Contractor shall be deemed to have met its performance requirements for a particular fiscal
year I f the amount of 7~/" portion of the hotel occupancy tax earned and received by City for that
Contractor fiscal year meets or exceeds the minimum threshold of $6,200,000.
5.03 Contractor's fiscal year begins August I and ends July 31.
VI CONDUCT OF SERVICES
6.01 All of the Services provided by the Contractor pursuant to this Agreement shall be in
conformity with the purposes for which the Hotel OccupanC) Tax (HOT) revenues may be
expended as provided in the laws of the State of Texas.
VII. BOND.
4
',01 i1: !)ttlc(,'r~ and .'mploye,:s p! Contractor deSignated 1,) withdraw funds trom the
('011VC1 I u"j I," t md shu1 lw \;\cred h\l hlanh'l ficklit\' hond in a penal slim of
SIOO,!iil( S'J\.l b,;nd slnll h,' pr"\ldcJ h: (\mtral'liH Issunl h) I corporate surety designating
\,~ontnl\. t\'I a:- Ildll1cd l!lSUlcd, dnd I' SUI L IUrIll a~ \\1 Ix appnl\t.:d \ Ihe City Atturncy,
\, III COl\lPt\SAIIO'\,
S,O ~ 111 r ,:Iii'!!" i'l' i, . pl'rl~mlwd hy C(1nlmclor in
accordillh\' \\ III thiS \gll:emt'nL lilt I, !h shall pa: onlraclClr dnllually the sum of 35% uf the
,--Oil \ ',1 hi :,'\1'1(\1' \' 1:;\ :('1"1 !,'cei\<.',l h\ the ('il\ !l)' IlK' Contractor's current fiscal
year, di\lded IIlto monthly payments described III SectlOll g,O~, lhe amount to be paid to
ContractuI' is referred to Il thiS Agreement as the Base Amuunt Provided, however, that should
hotel/motd tdX receipts received hy the City for the twe! vc months ending Mareh 31 in any year
fall beh\ $5,5RO,llOO tlL' Base'\moul11 for the following fiscal year may be renegotiated, Each
of the above amounts shall be calculated based upon the amount of City hotel/motel tax receipts
recei\',>d by the Ci1y~xc !uding tll(' 1\'..;,) percent increase adopted in t 999 for convention center
expanSlc'n
8.02 Dunng the lenn oi this Agreement, the City shall pay to Contractor a sum equal to one-
twelfth of the total annual amount payahle to Contractor for the convention and visitor services
provided in accordance with this Agreement on or about the first of each month; provided
however the (ity Manager lS authonzed to alter the payment schedule to increase payments
early III the year if such payments are justified by documentation provided by Contractor.
8.03 ['he CIty shall deduct from the Base Amount funding due to Contractor such sums as are
necessary to pay the debt servIce Oil 1, $2,910,000 portion of the City's combination tax and
municlp,tl h,te L..:cupam'y tax j'.'\Cl1l\ certificates of obligation expended for the location and
site dC\elopment Dr the plaza ten' the Las Carabelas Columbus Fleet as a museum display
adjaCC111 10 the Corpus Christi Museum of Science and History: sLlch deductions are identified in
ExhibIt \ The elly reserves the right 1(1 off-set up to the entire amount of any payment from the
City 1, ( ontractor under this Agreement as may be necessary to cover such obligation, and in the
event. dddititll1;t\ funds de requFcd !( cover such payment, the Contractor agrees to pay such
funds to the CilY \\ ithin live (5) day~, Provided, further, Contractor assures the City that the City
shall no: be liable fO! any operatl11g ddicit incurred by the Contractor to pay the debt service on
the C"liimbus Fled Hor shall the Contractor seek funding from the City for any such operating
deficit Contractor's obligations unde! this provision are expressly subject to (a) the continued
apprupnatlOll by theCil each yi. ar n1 hotel/motel tax funds for Contractor in an amount at lease
equal tc the formulu prccided under tlw Agreement and notwithstanding anything herein to the
contrar;, Cunlractor s c bligations concerning Las Carabelas (olumbus Fleet and the above-
deSCribed bonds arc no1 a general liahility of the Contractor but are solely payable out of the
revenues received from the City mto Contractor's convention and visitor fund.
8.04 C\mtractor ma\ b,: entitled to additional incentive payment, to be calculated as follows:
Contractor shall receivl 50o,~) (if the City's 7% hotel tax receipts, (which excludes the 2%
dedicated to rcpa: the d,'bt on the American Bank Center.) for amounts which exceed the 3 year
rollin~! \Ver~lgc r IllOrt than 1.0 ( The 1 year rolling average is the average of the City's 7%
~
hotel tax receipts j(~'r pre\lous three ftsc al years I'or example. suppose the amount of hotel tax
recC'ip:, l'ik'hb \.'a!" :.'00'" thnHI "'00" is ;1' follows
fiscal Year
20\\:
2(il
:.'(';'-'
2(
:\ll1ll1111t oj 70/0 hotel tax receipts
$h.OOO,OO()
S().180JI(I()
'\h'\6" cion
':::::Oi\()ll
The:' .,ct' rnllillg civerag for lislld \ c't .:'00" is IhC'l\Cragc of th,. receipts for years 2002, 200]
and 2004, or $6,181,800 multiplied by 103% equals $6,367,254, Therefore, in this example, the
incentIVe base to Contractor in fiscal year 2005 would be the difference between collections of
$6,550,000 and $6,367,254, which equals $182,746. Therefore, 50%, or $91,373, would be paid
as an lil<.:cntive to the COlltractor Any) car in which a limited number of events or groups cause
a disproportionate increase in the HOT collections, the prior year's HOT collection plus 3% will
be substituted for the actual collection for that year
8.05 r( recci\t'll1centi\ payment. i' 1!1tractor must he in compliance with all terms of this
Agreement.
IX. BOARD OF DIRECTORS
9.01 fhe affairs of the Contractor shall be governed by a board of directors ("Board") which
shall be composed of eleven (11) members selected directly by the City Council of the City. The
members shall be representatives of the following groups:
2 members from the hotel industry;
2 members from the attraction industry:
2 members from the restaurant industry; and
5 members from the community at large.
All terms of current Board members serving on the Board as of or uly 31, 2006 end July 31, 2006.
9.02 The !\1a) or and City Manager, or their designees, shall serve as ex-officio advisory non
voting members of the Board. In addition, the Council will appoint a representative from the
Port of Corpus Christi Authority and a representative from the Regional Transportation
Authority to serve as ex.. officio advisory non voting members.
9.03 Appointments to the Board will be for staggered, two-year terms. For the initial
appointments lots will be drawn with five to serve one-year terms, six to serve two-year terms.
No person may serve ;lS a voting member of the Board for a period longer than six years
consecutively, unless such service is required by virtue of the person's position or title or to
complete an unexpired term The Contractor may make recommendations to the City Council
for directors as direct! Irs' terms expire, but the Contractor always shall nominate more
individuals than the number oj' positions available The City Council will provide serious
()
consi<.lt'r:ltlOn to tht' board's recnmmendatlons. hul IS Iwl restricted tn select members submitted
~y the . 'ilL! '('ll ,1!1\ "the! \'n'lf'
Junn,
~..rJ" i \ \.
WI I IIlUIL' i1ldl I,ent) ii\ i. (2: J pCI c"ill ,; regularly scheduled meetings
Iw' fl' 11 \'1 lJ ,lutom~ltL ... :lC~lr'c'\ \\hl h \acancy shall be promptly
\1 I'. i "sh,lI! \ " " : I k.;s L'\CllSl'd l1\ Ihe huard IU!
I'UT It-, "1 '11t'I'IP1!-, atkr rill' lhSCIlCt' \I!\ membcr. otherwise eligible.
UneXi.il:--.nl al!:-'L'[jLi.~
"Cri(l!,
2,o.,d I !'1 '
;h,,1
"f< n' r',:i 1 nj-r'! \',t h, r""
,( !ch '. !L\""llic \"IClllC\,
Ce1ntl Hear " D reel ,";'; 11a' .qablish Ihnse stllI1ding. lilmmittees it deems necessary.
The Board is authorized 10 and shall employ a PresidenvCluef Executive Officer to exercise day
to da) managemenl and administratic'Il of Contractor
9.04 'll' B(lard \11 Direl tors will')p':late under bylaws developed by the Board. Changes to the
bylaws may be made onlv by a two-thirds vote of Contractor's Board of Directors. No change in
bylaw~ may be cCJnsidered which is inconsistent \\r1th any provision of this Agreement. The City
Manager will be notified of any changes to the bylaws at least two weeks prior to the adoption of
said hbws hI,. the B0ard of Director;,;
9.05 \:ontractor agrees that meetmgs of its board of directors shall be open to the public, and
such meetings may l)e closed only when the board determines that an executive session is
necessary for the purpOSl of discussing proprietary business.
9.06 rhe City and Comractor agree that in no event shall the City be liable for any contracts
made b) Contractor with any person. firm, corporation, association or governmental body
9.07 nil.' Cit) and ('onraClJlr agree that in no cvent shall the City be liable for any damages,
inJurieS. or losses chargl~d to or adjudged against Contractor arising from its operations, or the
use or maintenance of it:- facilitic..;
x nJ{l\l AND TERMINATION
lCLO lhe lermA ! he <\.grccmcnt shail commence as of August 31, 2006 and shall continue
until uly 3] 20] subject to tcrminlltlon as provided herein.
10,02 Lither part) may terminate this Agreement at any time for any reason by giving one year's
prior wTitten notice to the other party. In the event the City shall cancel this Agreement upon
one )ca(s notlce. th( City shall assume any obligations of the convention and visitor's fund with
a tem1 (If less than one :'ear and any other obligation approved in advance by the City Manager.
The Citv reserves the right to tenninate the contract without notice for cause.
7
XL MISCELLANEOLS
i I 01 I hiS i\grccnwnt constitutes j no"ation and supersedes all other contracts and
unJcr:-'ldLdint'-2> jlIL'l\,usI mad," hCl\\,"I..L lhe ( anJ llk (ll'cater Curplls Christi 13usil1l'sS
\llian, me! hl't\' !:l'll tl1\ Cit\ :ll1d th' ( 11rpus ('hrisll ("lI1\l'l1tion :md Visitors Bureau.
! 1 0) 'ntr'\ct,)r !;pl'I'lfi.alh reStT\lS 11)(' right to changl' ils nallll' as a corporate entity and do
',u':m 'ld '1'r( I..';UI 1'".1 l' 11lt''' 1]' ""l11l'li:!1', ' with Ihl' la\\" o( the State pf Texas.
No sud, ,hang\.' 1 ram or use \)1 addiuonal names shal j Iwkl'llled a modification or this
\p'CC''1!'!!
11.03 CUlltractur shall u)mpl> with all applicable federal. State, and local laws, rules and
regulatimls, Il1 providing sen'ices under this agreement
11,04 All notices. requests or other communications related to this Agreement shall be made in
writing and may he given by: (a) depositing same in the United States Mail, postage prepaid,
certified. return receipt requested. addressed as set forth in this paragraph; or (b) delivering the
same to the party to be 'lotified Notlee given in accordance with (a) hereof shall be effective
upon deposit in the tJnited States mall. The notice addresses of the parties shall, until changed as
provided herein, be as foiiows
( Itl' ('it) of Corpus Christi, Texas
.\tkntion: George K Noe, City Manager
20 l Leopard Street
PCI Box 9277
Corpus Christi, Texas 78469
f 'ontracto1': Corpus Christi Area Convention & Visitors Bureau
1201 Shoreline Dnve
Corpus Christi, Texas 7840]
Attn: President
Il.O~ If for any reason dny section, paragraph, subdivision, clause, phrase, word or provision of
this /\.greement shall r\~ held Illvalid or unconstitutional by final judgment of a court of
competent jurisdiction, It shall nol affect any other section, paragraph, subdivision, clause,
phrase, word or provisic,n of this Agreement, for it IS the definite intent of the parties that every
section, paragraph. subdivision, clause. phrase, word or provision hereof be given full force and
effect for its purpose
II.0f) No amendments. modifications or other changes to this Agreement shall be valid or
effective absent the written agreement of the parties This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original and all of which shall constitute
but one and the same instrument
s
1.117 " ulldus',\\lU ahl at'lct'( Unt I, ontractol may cllpynghL to the use and bene1it or lhe
it\ l <\fj"i" ('r!'-ll 1l1\ 111"'1'1'1\1'1 dnClll11Cm il deems arrwpriatc and qualified for
o!,\rI ir ,tndn.l\ "j;nin .,te; ,aid ,op\lIi!hts 1'(\1 the' 11h during the term of this Agreement.
1 iSilr,L hi!' I(',,! \i1!npi \\ 11 11lached! \hlbil H regarding insurance requirements,
IxeCll'
IgnH
'11 'h,' Litl> I ,dIC:lk'll helll \ hindill~ the n'Sr(~l,tive narties as of the date or last
('n "
'W"!" IWI" I 11\ l,
CORPI S CHRISTI ('I 'NVFNTJON &
\ iSI ()I<.) Ul KI.AL
By
Cit'\' ManaQ.er
Date
B) ,
Chainnan of the Board
Date
13y:__ _
City Secretary
APPROVED AS fO LFGA i FOR\.1
-n.....
ChiS], day 01 CO::Z;006
13y:1~~""'V- '
Assistant C ity .A:tt~e)
for ('it> 1\ ttome\'
DATE
06/01/0'"
06/01108
06/01109
06/01110
06/01111
06/01112
06/01113
06/01114
03/01115
rOTAL
ANNUAL
$262,329.63
$275,939.80
$267,004.77
$260,666.22
$273,704.97
$286,124.17
$262,324.37
$272,462.04
$254,908.45
q
EXHIBIT A
Las Car'abellas
" lilllhin,ltion Tax ~\: Hotd Occupanc~
Tax Rc,'cnuc Certificates of Ohli~ati()n
'-;erif'.. t 994-" \s Refunded
S2,91O,OOO Dated 12-15-94
10
[Xl II Ii I i Is
I"!~l R.:.~.NCE REQlJIREMENT~
( O.YfRACTOR'S LIABILll \ INSURANCE
"ntr:\c't,)! '1Hi.l. l' \1 1."'1ll!1,,'I1\',. Ilrk un de! this :lgrl'Cn1<:!1\ until cdl insurancc required
II' 11tl!!!l'(.' '1\1 II \ It\ !i.!e lP\'1',,\ sl!~'h! ur~\l\~'I.' t untractllr musllhlt
lIi l\\ In. ,lib. IlnraCln!!i C(\!l!!1!cnc',' \\nrk unti! all similar InSlInlllCC requircd (\1' the
('I'llr h'1 1 i< l1et'T. ,.ht qn(,d
n 'ntLIl(" 'lill" f Irn!~1 tll 1\'" l~lsk 1I.1anaL'Cl tw (~) c(\pies of Certificates of
ilburanCl. >lwwlilg Ule wLO\\!llg 11l1l1JIIlUl1l cuverage by insmance company~s)
Il>,eptablc II the (ity'"' Risk i\bnager Tk City must be named as an additional insured
o the Cerwrai ani Au1U!1l(\hil, i!ahilit\ l'lllicies and a bLlllket waiver of subrogation is
uircd m 1I1prlicahlc rnlit 1("
TYPF OF INSVRANCE
MINIMUM INSURANCE COVERAGE
~
3(1-Day written notice of caneellatlOn, non-renewal
termination or material change and I (I da) "riftt!! not jet
of cancellation for nonpayment of premium is required on
all certificates
"-_..... -
Bodily Injury and Property Damage
Per occurrence aggregate
,'OMMERCIAl GENERA I \13 un :IH,'L1diI
CommerCial Form
Premises Operations
Products Completed OperatIon, Hazard
4. Contractual Liabilit)
s I.ooa.aoa COMBINED SINGLE LIMIT
PROFESSI(lNAL LIABIU i 'r Il1ciJding
Coverage provided must cover 'Jfficers, dlrect,lrs. CTnployees
and agents
ERRORS and OMISS!UW
$1.000,000 COMBINED SINGLE LIMIT
._-~
in the event oJ ai cidenh Jf an: kind, Contractor must furnish the Risk Manager with
..:\,pies oj' a! repors of such ace dents within 10 days of all \ accident
II, ADl21IION.-1\J .IiliQ1IREJ01;:'NIS
A. Certificate ill' Insurance
· The City of Corpus Christi must be named as an additional insured on the
(icncral Liability policy ;lt1d a blanket waiver of subrogation is required on all
applicahle policies
· If YClur in,urance company uses the standard ACORD form, the cancellation
clause (bottom right) must be amended by adding the wording "changed or"
hetween "he" and "canceled", and deleting the words, "endeavor to", and deleting
the wordillg after 'left' Tn thc alternative. COP) of policy endorsement with
required cancellati(1Tl language to the applicable policy is required.
II
. 1 Ice name ijf the projt'ct Plust he li<:\e!i under ""r)e<;cTiption of Operations"
. '\\ d l11JnU1IUJl1, a 3U-da~ written noti(~e oi cancdlatlolL non-renewaltenninatiLln
I I UtLrid Ch,lllfCl' ,llhi I 10-da\ "ritten notice III cancellation for non-payment
,'il illl I> ,'Lj.l 'n
Ik
,-', dl'-dl~
, I
ii ; il 'iit..Ulli....
Jl'~ 1,;,-;11';\\ u; it:, Lk'-' the C.\.istcl1l'e (d' the
( l H 4). an authorized representative of the
,I k\kr c;[wl'iflcilh stating whether items 1 H,
covnage eqlllred 1:1) Items 1,I)
i1; Pi"l Onl!i~lll!J' i!lclulk
( I H 4) are mcluded or excluded,
CCVB Contractors Agreemen'
7-19-05 er Risk Mgmt
29
CITY COUNCIL
AGENDA MEMORANDUM
July 11, 2006
AGENDA ITEM:
Resolution amending Resolution No 026216 adopted on April 12, 2005, to authorize the City
Manager to accept applications to the Sanitary Sewer Trunk System Trust Fund and to develop a new
program for funding of sanitary sewer trunk fund system and other infrastructure systems.
ISSUE: Resolution No. 026216 suspended applications to the Sanitary Sewer Trunk System Trust Fund due
to shortage of funding The continued growth in land use development has emphasized the need for
construction of new wastewater infrastructure. The proposed amendment will allow developers the
opportunity to make application for future reimbursement If and when funding becomes available.
REQUIRED COUNCIL ACTION: Amend Resolution No 026216 to accept new applications to the Sanitary
Sewer Trunk System Trust Fund for future reimbursements as Trust Fund monies become available.
RECOMMENDATION: Staff recommends approval of the re
Attachments:
Exhibit A - Background Information
Exhibit B - Resolution
h \genlag04\sp30r
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT Amend Resolution to Accept Applications to the Sanitary Sewer Trunk Trust
Fund
BASIS AND FUNCTION OF TRUST FUNDS:
City Ordinance No. 17396 adopted in December 1982 established the Sanitary Sewer Trunk
Trust Fund and the Sanitary Sewer Collection Line Trust Fund. The payment of wastewater
lot/acreage/pro rata fees of developers is required prior to plat recordation and fees are
deposited in the two funds as follows'
1. Sanitary Sewer Trunk System Trust Fund is funded by Lot or Acreage Fees and 75%
of the surcharge fees.
2. Sanitary Sewer Collection Line Trust Fund is funded by Pro-rata Fees on Collection
Lines and 25% of the surcharge fees.
A significant change occurred in the Sanitary Sewer Trunk Trust Fund when Ordinance
025424, approved on August 19, 2003, amended the Platting Ordinance. The amendment
authorized the use of the Fund to construct not only trunk lines but also force mains and lift
stations In addition, the amount of funds for the construction cost was appropriated prior to
start of construction to ensure developer was reimbursed.
Council approved interim financing on April 12, 2005 due to shortage of funds in the Sanitary
Sewer Trunk System Trust Fund to reimburse pending applications to the Sanitary Sewer
Trunk System Trust Fund at that time In addition, Council approved Resolution No. 026216
to suspend applications to the Sanitary Sewer Trunk System Trust Fund until a new program
was developed and approved by Council. In order to sustain the continued growth and
development in the City it is now proposed to accept applications to the Sanitary Sewer Trunk
System Trust Fund
STEPS TO PROCESS NEW APPLICATIONS
A Receive new applications (Design Memorandum) for the Sanitary Sewer Trunk
System Trust Fund for improvements to include lift stations, force mains and trunk
lines consistent with Wastewater Master Plan.
B. Application is required to be in compliance with Platting Ordinance requirements.
C Council approval of agreement will determine order of future reimbursement per
provisions of Platting Ordinance.
EXHIBIT A
Page 1 of 2
RESOLUTION
AMENDING RESOLUTION NO. 026216 ADOPTED ON APRIL 12,
2005, TO AUTHORIZE THE CITY MANAGER TO ACCEPT
APPLICATIONS TO THE SANITARY SEWER TRUNK SYSTEM
TRUST FUND AND TO DEVELOP A NEW PROGRAM FOR
FUNDING OF SANITARY SEWER TRUNK FUND SYSTEM AND
OTHER INFRASTRUCTURE SYSTEMS
WHEREAS, in the time since Resolution No. 026216 was adopted on April 12,
2005, authorizing the City Manager to suspend application to the Sanitary Sewer
Trunk System Trust Fund until a new program is developed and approved by
Council, interest in developing property requiring design and construction of
sanitary sewer trunk lines has continued; and
WHEREAS, in order to continue the sound development and growth of the City
of Corpus Christi, it is necessary to direct the City Manager to accept applications
to the Sanitary Sewer Trunk System Trust Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. Resolution No. 026216 is hereby amended to authorize the City
Manager to accept applications to the Sanitary Sewer Trunk System Trust Fund;
SECTION 2. Approved applications to the Sanitary Sewer Trunk System Trust
Fund only commits the City to future reimbursements if, as, and when funds for
that purpose become available;
SECTION 3. City Council hereby ratifies that portion of Resolution No. 026216
directing the City Manager to develop a new program for funding of infrastructure
required for new development
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED AS TO FORM:
~
.... ary . Smith
Assistant City Attorney
For the City Attorney
July 6 2006
H:LEG-DIR/gws/agenda/2006/07 -11/SSTSTFRes
'...... ,,--
Page 2 of 2
ComllS Chnst: Tf~xas
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 E Marez
Jesse Noyola
Mark Scott
H:LEG-DIR/gws/agenda/2006/07 -11/SSTSTFRes
-
30
CITY COUNCIL
AGENDA MEMORANDUM
Date: June 6, 2006
SUBJECT: Proposed Re-naming of Winnebago Street between Carancahua Street and
Upper Broadway to Uptown Avenue
AGENDA ITEM:
a. Public hearing for proposed re-naming of Winnebago Street between Carancahua
Street and Upper Broadway to Uptown Avenue.
b. Ordinance changing the name of Winnebago Street to Uptown Avenue between
Carancahua Street and Upper Broadway; Providing for severability; and providing for
publication,
ISSUE:
The City has received a request from a property owner abutting Winnebago Street to
re-name Winnebago Street to Uptown Avenue. (Exhibit 1).
REQUIRED COUNCIL ACTION:
The Code of Ordinances specifies the process for the naming and re-naming of public
streets. This process requires the City Council to conduct a public hearing to receive
public comment on the proposed re-naming and to render a decision. The City
Secretary's Office has published notice of this public hearing and also sent notices of the
public hearing to all owners and tenants affected by the proposed name change.
RECOMMENDATION~
Staff recommends Council conduct a public hearing to determine whether adoption of
the ordinance is warranted.
~: F [J (, /0 ?!o6
~t>~ 'Angel R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Background Information
Applicant Request -, Exhibit 1
Site Map Exhibit 2
Letters uj response !fOil; Ci v and Puoiic uff1C1als txhibn j
AGENDA MEMORANDUM
Background Information
BACKGROUND:
street Re-namin~ Process: Followlng is a brief summary of the procedure established
for re-naming city streets:
1. Appl1cant must resIde on or own property on the subject street section.
Z. Applicant is to provlde the appl1cation and a $500.00 research fee to determine and
survey all owners and tenants whose residences or places of business are on the subject
street and to determine a "processing fee" commensurate with the cost of mailing and
compiling responses to the required survey and for publishing a notice of public hearing.
3. A survey of the property owners and tenants is conducted and if 75% or more of the
total owners and tenants surveyed support the proposed street renaming the process
continues to the next phase.
4. Traffic Engineering requests comments from Utilities Office Manager, Director of
Development Services. Director of Engineering Services, Fire Chief, Police Chief, U.S.
Postmaster, City landmark CommIssion, Nueces County Historical Commission and the
Nueces County Historical Society on the proposed re-naming.
5. The applicant is notified of the results of the survey.
5. City Manager sets date for public hearing by the City Council.
6. City Secretary pub I ishes notice of a public hearing and mails notice to all affected
property owners and tenants not less than ten days in advance of the public hearing.
7. On the date of the Council's public hearing, the Council renders a decision at that
time or at some other time convenient for the Council to continue the matter.
Winneba~o Street:. The 600 block of Winnebago Street is a 36 foot wide street
connecting Carancahua Street and Upper Broadway. The property on both sides of the
street is owned by tr'e Shutters Venture LLC represented by Joe Adame, Member.
Knuckleheads is thE ore other tenant that shares frontage on this portion of the street.
(See Exhibit Z)
~sponse to Survey and Review by City Departments / Aqencies:
The survey of affected property owners and tenants identifies that 100% of the total
surveyed property owners and or tenants responded in support of the proposed street
re-naming. Written comments with regard to the proposed street renaming have been
solicited and received from Utilities Office Manager, Director of Development Services,
Director of Engineering Services, Fire Chief, Police Chief, U.S. Postmaster, City Landmark
Commission i Nueces (ounty Historical Commission and the Nueces County Historical
Society for the proposed re-nammg.
The ~,jUE'ce~ COU'1t/ HistoriG! Cnmmissim' and the (it') Landmark Commission are
opposed to thp fHOpospd n::.'nrmdng'\U othpr nffici21.!s havE no opposition to the request.
(See xhibit'~ \
Policy on Re-naming Streets I Recent Council Actions:
. City Council established an official Council policy in 1994 declining to change the
names of streets in Corpus Christi except under unusual, extenuating
CHcumstances (Resolution 21901, 03-2294)
. City Council approved the street renaming of Parkdale Drive to Whataburger Way.
(September , 2(02)
. City COLUlel app'oved the narne "Northwest Boulevard" to supplement the State's
FM 624 Stale system designat 1011 of this street In addition, Council approved re-
namlng sections of Up River Road (to Leopard Street) and Leopard Street (to
nterstate 37 Access) HI Lhe ~~(}!thwest area for consistency purposes (Ordinances
023585-023588, 03-23-99l.
. City Council approved the street re-naming of Belden Street to Concrete Street.
Implementation Cost:
Implementatlon costs for the street name change, if approved, would be restricted to
the cost of replacing ground-mount street name signs located on Carancahua and
Wlnnebago and at Upper Broadway and Winnebago Street. Street name slgns are
installed and maintained by the City. The estimated City cost for replacement of the
existing street name signs with the proposed name change is $125. In accordance with
current city ordinance the street name change costs will be borne by the applicant if
request is approved
j :' \
C:. ~-')... i \
/ !.
(; !
- ,
jd.
Joe Adame & Associates, Inc.
FlU SERVICE COMMERCIAL & INDUSTRIAL REAL ESTATE
cbruan 1~. 100(,
Mr, .J\rmando Chap~,
City SecretaD
City of Corpus elmst!
1201 Leopard Street
Corpus Christi. Texas 784(! I
Dear Annando.
TIus letter is our request for a Street WUIle change of the 600 Bl~~ Winnebago Street to Uptown
Avenue We currently are converting the seven stot)' former Atlantic ~~~; Building into 34 residentia110ft
condominiwns. We hope to start construction in the fall of 2006. Our proposed address for the new project
would be 3400 Uptown Avenue, The new street address would be in keeping with the 34 units and signify a
major real estate de,elopment in the uptown district of Corpus Christi
At one time Winncbago Street ran from North BrO\mlee to Upper Broadway. When IH 37 was built the
freewa) cut off one block of Winnebago Street located on the southeast side of the freeway. We currently
own all the land and the only building located in the 600 block of Winncbago. This building's current
address is 602 Winncbago. This portion of Wirmebago Street is located between N Carancahua on the west
and Upper Broadway on the east The street actually dead ends at Upper Broadway and is a one way street
flow1I1g east It is confusing for someone 10 look for an address when the major portion of the street is cut
offb\ an Interstate highw3'
Attached you will find maps ~Uld l11fOnnatlOll that will be helpful in describing the area, We plan on
marketing the units soon and would like to Hrm up the Street name change as soon as possible. Tlus would
be very helpful in our m3Thcting camp,ugl1. It is our understanding that if the request is in keeping with the
city polK" 3 formal rC(jues' along wilh a "r,~<:('arch fcc" will be required lnank you for your consideration
SlIlcerd} .
{;bt
Jo~ Adame, Member
Shutters Venture, LLC
JA:ka
Enclosures
xc: Mayor Henry Garrett
Councilman Mark Scot t
Traffic Engineer Ricardo Guzman
Exhibit 1
Shc)r(~lii!fj Firi/;l
~
.
iel ,~jl" '
H;
IIlte 1DDllf) · r'(JqHJ~; :hnsll. 1exm 78401
urpuc rl'! 1st' exits 784bB.) );4
"-ld1vi( H T')8f
"i k;i :'H>~V \. r-,RH'~
Individual Membership
Society of Industrial and
Office Realtors@
I~
-; - -
L--'
EXHl RP
SUBJECT
- SITE PLAN-
IN [f\! r\1 F:8A(~'
Traffic Engineering Div,
Engineering Services Dept.
COMMI1TEE~
[/WAN<,EHED PROPEl I
t ~; j -+ c:Ou l{ I !'hAJSB
C" I [lA"vIFV. ('EMI'IT!'
HISTOR\ APPRBCIATIP",
HISTORlCAl MARltERS
NCHC ARCHIVES
URAL HIS rOR \
HERITAGE TOURISM
MUSBlJII.1S
ARCHE010C,
CERTIFIED LOCAl
GoVERNMENT
PUBLIC POLICY
NUECES COUNTY HISTORICAL COMMISSION
~l 'E(TS COI'~FY ( 'IRTIIO\ISF' llOl I FOPAR[) ~TPFFT. ROOM t 10.03
CPRP\ is CHRISTL T\ 78401
.',
-',.3 up River Ed.
"orpus Christi, Texas
78410 1,~ 1
~1ay 22, 2006
1 t )11>:
t. Fox 92
Corpus Christi
,~".
.,.)~..~;.,[ ,
..,~~~2S.',...~..
::..r[j~.Ji_..: r~
! 1 l ~' !
RE
Ie hhcm
The NueCtS
is
1(-''1 I
':]
sll ..
t (l
1 en;, y t L-:;
- ht Ilaml_ ~~J 'cp 'hri Et f:t L"eets was
Ijj::ce, 'hel I: tC;t
ct,] 1\( ca' ed it! till evival
! t-: 1 I'~ .,,::ITi. ~1 t
'.E') ::en'ric
! i I" el el
i...--r,
J!~ttY~,
/ .
'WlQrr-JAOJAQA...../
j,n: t a Ei: enhaue
~)H; rman
Exhibit 3
1 of 8
RECE'IVED
MAY 2 4 2006
Traffic Engineering Division
HV ,,1
)rp!l~
hn'tl
une I 2006
" ,."..,-
Ar. ,dCli,j( bU~i:
ratilc 1'/iUI ,ugel
:::Ity of C OIpUS Christ,
p. 0 Bu' 9:)77
~Ofpu..<; fiJ1sil; f--~).U~ hLL( <f~' 'I
SubjeCt Proposed Street Renaming
of Winnebago Street
Dear MI Guzman:
At the Landmark. Corrmlssion's regularty scheduled meeting on May 25, 2006, the renaming of
Wlnnebago Street was an agenda action Item and the Lardrnat Commission OIX)Osed the recommenda1lon of
renaming Winnebago Street. One of the most important reasons fa any fam of preservation is its educational
VCflu.. in ihis case. the follolMng infama1ion is provided:
This short block. visually and physically, establishes the most eastern end of Winnebago as seen on
the 887 Augustus Koch "Birds Eye View tv1ap of Corpus Christi;"
Because of interstate Highway 37 and its attendant approaches, this portion of the street is all that
is linked with other Colonel Kinney's early related street names (Upon, Comanche, Tancahua,
Carancahuo, Buffalo ond Antelope):
, If one Is living in the "Golden Shutters," one's curiosity might be raised to the extent of researching
Informa1ion on the Winnebago Family and having done that. one might wonder why Colonel
kJnney included this tribe vvith the others: and
Given the possible development on the north side of Interstate Highway 37 and new approaches
'0 tt-,f.:; Harbel Bridge, the rest d Wlnnebago might soon disappear. Unfortunately, this has alreadv
happened to some Of its side streets: Tops. Jones, Chiptto and Media.
i jo not see (,OV, thE: deveiope'! con put forth a more compelling reason to change the street name than
the severol compelling reC1SOIlS not to
Sincerely,
Iw
CC ~/1ayOi Henry Garrett & City Council Members
Armando Chapa, City Secretary
Michael Gunning, Acting Director Development Services
landmark. Commissioners
t:j~p
(H:PjfjR-lY;:",-"'.r('Drt\LAII'lMp.Rk\!i:r:tr-1S.-P!CAI;-"~) C:-:UiIVlAH 0'-(1 fOJ:,
Exhibit 3
2 of 8
MEMORANDUM
DA T t 'Vlav i L 2006
1
F"
{ alia lH.JZidi /
i~"g" R oS, ut"" "HenCH of Engilleenng servicel;!): ~h.-
Ji:OP)SE NAMI~IC OF WlNNEB/\GO
5' is iFe
The Engineering Department has had an opportunity to review the proposed
street name change of Winnebago Street to Uptown Avenue from Comanche to
Upper Broadway. The integrity of the street wilt not be compromised by the
proposed name change and all expenses to do so will be born by the applicant.
The Engineering Department does not have any objection to the renaming of
Winnebago as proposed,
Exhibit 3
3 of 8
. ~~~p~~
-= = Ch 1St)
~
, .J. 1ill'. . ;i'<'.. l
DATE:
May 17, 2006
Ri.,.n1o Guzman, Tramc Manager A\ 1./
Terry Chapa, Acting UBO Manager /\ l/
TO:
FROM:
SUBJECT:
Proposed street renaming of Winnebago
The Utilities Business Office does not foresee any major problems in the renaming
of Winnebago Street to Uptown Avenue since there are very few utfllty accounts
that win be affected.
Exhibit 3
4 of 8
,,' H\ 01
(' .
, l )rpus
hnstl
MEMORANDUM
~
:):
.,(h:o"j( Gilzrrlln liotfi: Manoqei
IK)M
MiClloel GJnrllfiQ f\IC ~
Actinq fjirector of ,,€\Iplopment Services
DATE:
June 6. 2006
SUBJEC T
Prr::::posed Street Rpnoming of Wlnnebago Street
have received Gnd reviewed the application to re-name Winnebago Street to
Uptown Avenue. After reviewing the application, the following information is provided:
Staff researched street name records and determined that the
proposed 'lame is not a sound-alike or duplicate of an existing street;
The Landriark Commission met on Thursday, May 25, 2006 at 4:30 p.m,
in the City Council Chambers and at that meeting, the Commission
voted against the name change of Winnebago Street; and
, At trlls time, Staff encourages pursuit of other options because of the
historical significance of the existing street name.
t you r,ave only questions or need additional information, please call me or
Faryce Goode-Macon Acting Assistant Director at (361) 826-3560, who also serves as
the Staff Liaison to the Londmark COrT1mission at this time,
,II; leLI'_.
//[/ {j1;4./ ~
Micha I N. Gunning, AICP
Acting Director of Development Services
IW
CC Landmark Commission Members
File
;H:A..N-~l:1\\Wl!~J~.ANDNARI<'lUIi-h'i'MNM-l!A9 i!f.lH r:a:NArvt=.M fv'()tjY:;.
Exhibit 3
5 of 8
'I' '1
c1l
ag<
From
To;
Bate:
Subject
Ken Bung
Guzman RIcardo
5/22/200672030 PM
Re-Nammg Winnebago
Police Department has no problem with the proposed new name
Exhibit 3
6 of 8
From
To'
Date:
Subject.
RIChard Hook~
Guzman Ricardo
5!73/?OO(i 31 4 i'tI/I
Name change
Sorry Lx the c,mfus'un Wf haw" r,n Groblen! with the name change Let me know if we can be of further
~Slst;::,n,
cc
RrJile N~r
Exhibit 3
7 of 8
C'R HE"T0P!J rARCI!'> M/\!".I POST 0FFICF
~ UNITED SmTE5
~ POSTIl/'SERVICE
Ma\ 2? 200f;
Mr. Ricardo Guzman
Traffic Manager
City of Corpus Christi
P. O. Box 9277
Corpus Christi, TX 78469-9277
Dear Mr. Guzman
I am in receipt of your correspondence dated May 3, 2006 regarding the renaming
of Winnebago Street between Carancahua Street and Upper Broadway to Uptown
Avenue
IF- Postal 08iVIC . SUPPO:lS ~, i) propose;;] [-2nanling.
Sincerely,
//! /) .j
L~~
--Greg Gonz~
Officer in Charge
809 Nueces Bay Blvd.
Corpus Christi, TX 78469-9998
Exhibit 3
8 of 8
RECEIVED
MAY 2 4 2006
Traffic Engineering Division
Page 1 of 2
ORDINANCE
CHANGING THE NAME OF WINNEBAGO STREET TO UPTOWN
AVENUE BEWTEEN CARANCAHUA STREET AND UPPER
BROADWAY PROVIDING FOR SEVERABILITY' AND PROVIDING
FOR PUB! Ie .A' ION
WHEREAS. alte al ilC ,Ice::: : e.:jUIIE:U Ll}i I 4[i tlit: City Code of Ordinances, a
;Juoilc 'leafing was !lei!. or: i ut~sda( .June i ' 2006 dUring a meeting of the City
Coun d In the Council Chambers at City Hall 1201 Leopard, in the City of Corpus
:::hns' :1 Cjv\! 3 inl I ec;tl"jc! p'~ sonsilic)wcd te appear and be heard; and
WHEREAS. the Citv C )urlCII finds as required by Resolution 21901 adopted on March
22 1994 thaturlusua extenuating circumstances Justify changing the name of
Wllmebago Stree tu Uptown )\venue between Carancahua Street and Upper
Broadway
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI TEXAS THAT
SECTION 1 fhat the name of Winnebago Street IS changed to Uptown Avenue
between Carancahua Street and Upper Broadway
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, subdlvlslor 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 [;revision hereof be given full force and effect for its purpose.
SECTION 3. Publication shaH be made in the offiCial publication of the City of Corpus
Christ: as required by the City Charter of the City of Corpus Christi.
SECTION 4, Upon final adoption of this ordinance as required by Section 49-1 of the
City Code of Ordinances, a copy of this ordinance shall be furnished by the City
Secretary to the department heads and the Postmaster, and the traffic engineering
department shall at the direction of the City Manager, place street name signs, as
speCified in subsectior: (6) of said section
C)o(
\VERON"~A,
C6 'I VO Cil"\D l\net'r_1~U) l{enarn(-;
Page 2 of 2
That r,
readl
fOje~Jo r:9Hc na:h:::e \a~)
on this the J"'~ day
.:ad fo the first time and passed to its second
\x\...VIJ.....Q... 20Cl6 by the following vote:
Henl '. ,arrf;t1
~i- 'V'
RexA Kinnison
B:er- ,::;~,
E Mare/
(~,
J
~,
1'1\...61-
Mele O(ID?'
I,::;sse Novola
J e r f\" :1' C, d
Malk Scott
-~~~
BI!I r:
t
That the foregorng ordrnance was cead for the second time and passed finally on this
the davof 2006 by the following vote:
Henrv (JarretT
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E, Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the "~_~ day of____ ~__
,2006.
ATTEST
Armando Chapa
City Secretary
Henry Garrett
Mayor City of Corpus Christi
Approved as to form: 05 June 2006
1 ~.
~V', it," L . /
. . ~ \~ LA./ J,l), k_~__
Veronica Ocanas
Assistant City Attorney
for City Attorney
!-"O( 'Jk1[ \VERON' ')CA! :, 1 'Te'T,!110f D61 I/OORD WTnetego,; Rename d'Y