HomeMy WebLinkAboutAgenda Packet City Council - 11/13/2007CITY COUNCIL AGENDA
NOVEMBER 13, 2007
11 :45 A.M. - Proclamation declaring November 14, 2007 as "World Diabetes Day"
Proclamation declaring November 1 , 2007 as "Disney Finding Nemo Day"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
NOVEMBER 18, 2007
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED 'D 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 1 :00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak i
Agenda
Regular Meeting
November 13, 2007
Page 2
CITY COUNCIL
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(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. '' Citizens Advisory Health Board
' Ethics Commission
' Sister City Committee
Transportation Advisory Committee
G. EXPLANATION ATIOI 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. CITY MANAGER'S REPORT
Upcoming Items
1. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council Member
or a citizen, in which event the item or items will immediately be withdrawn for
individual consideration in its normal sequence after the items not requiring
separate discussion have been acted upon. The remaining items will be
adopted by one vote.
CONSENT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES
ANCES
FROM! PRE 1I S MEETINGS:
this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
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November 13, 2007
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3. Ordinance appropriating $1,205000 from the Unreserved Fund
Balance in the No. 1020 General Fund for the following items:
Police vehicles $155,000; two (2) replacement ambulances
si 0,000; Parks and Recreation vehicles and equipment
$260,000; Street maintenance $$500,000; Animal Control vehicles
$80,000; and Downtown improvements $50,000; changing the FY
200 7-2008 Operating Budget adopted by Ordinance No. 027352
by increasing appropriations by $1,205,000. (Attachment # 3)
4. Motion approving the purchase of two (2) ambulances from San
Antonio Ambulance Sales, Inc., of San Antonio, Texas for a total
amount of $202,658. The award is based on the cooperative
purchasing agreement with the Texas Local Government
Purchasing Cooperative (TLGPC). The ambulances will be used
by the Fire Department. The units are replacements to the fleet,
Of the total $202,658 required, $160,000 is scheduled to be
appropriated from the Unreserved General Fund balance and
$42,658 is available in the FY 200 7-2008 Fire Department budget.
(Attachment ## 4)
5. Motion approving a service agreement with Brown Mule Mowing
Inc., of Corpus Christi, Texas for street and drainage ditch right-
of-ways, based on best value in accordance with Bid Invitation
No. BI-0222-07 for an estimated two year expenditure of
$847,488.64 of which $282,496.21 is budgeted for the remainder
of FY 2007-2008, The term of the contract will be for twenty -four
months, subject to annual appropriations, 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 Storm Water Department in FY
2007 -2008. (Attachment ent ## 5)
6. Motion approving supply agreements with the following
companies for the following amounts for traffic sign faces and
traffic sign blanks based on low bid in accordance with Bid
Invitation No. BI-0220-07 for an estimated annual expenditure of
$1 11,295.50 of which $74,197 is required in FY 2007 -2008. The
term of the agreements shall be for twelve months with option to
extend for up to two additional twelve month periods, subject to
Agenda
Regular Council Meeting
November 13, 2007
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agenda summary)
the approval of the suppliers and the City Manager or his
designee. Funds have been budgeted by the Street Department
for FY 2007-2008. (Attachment ## 6)
Focal, Inc. Vulcan Signs
Frankfort OH Foley. AL
Group: 1 Groups: 3
$53,946.50 $57,349
GRAND TOTAL: $111,29530
7.a. Resolution authorizing the City Manager or his designee to
execute a subrecipient agreement and accept a State Homeland
Security Grant from the Office of the Governor's Division of
Emergency Management in the amount of $1,389,430 for the
purchase of specialized equipment and training. (Attachment #7)
7.13. Ordinance appropriating $1 ,389,430 from the Office of the
Governor's Division of Emergency Management Homeland
Security grant program in the No. 1062 Fire Grants Fund for the
purchase of specialized equipment and training. (Attachment ## 7)
8. Resolution of the City Council of the City of Corpus Christi, Texas
authorizing the Corpus Christi Police Department to adopt a
citywide policy for towing vehicles when the operator has no proof
of financial responsibility. (Attachment # 8)
9. Motion approving the allocation of $54,806 from the Hotel
cupancy Ta Fund and $39,604 from the General Fund to fund
grant contracts with thirteen 3 Arts and Cultural organizations
for a total of eighteen 18 arts projects. Funding was authorized
in the FY 2007-2008 budget. (Attachment # 9)
10.a. Resolution authorizing the City Manager or his designee to accept
a $724,026 grant awarded by the Area Agency on Aging of the
Coastal Bend for the FY 2007 Senior Community Services,
Elderly Nutrition Program in the No. 1067 Parks and Recreation
Grants Fund. (Attachment # 10
Agenda
Regular Council Meeting
November 13, 2007
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CITY COUNCIL
PRIORITY ITY ISSUES
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agenda summary)
10.b. Ordinance appropriating a $724,026 grant from the Area Agency
on Aging of the Coastal Bend for the FY 2007 Senior Community
Services, Elderly Nutrition Program in the No. 1067 Parks and
Recreation Grants Fund. Attachment ## 10)
11.a. Motion authorizing the City M na r or hi esi n e to exten the
software maintenance agreement for twelve (12) months with
Infosol, Inc., of Bellaire, Texas in an amount not to exceed
$54,525A2. Included in this maintenance agreement is the
support for the CourtHouse software currently being utilized by
the Municipal Court. The maintenance agreement provides for
software and technical environment support, including any
necessary upgrades as they become available. This vendor
qualifies as sole source. (Attachment # 11
11.b. Motion authorizing the City Manager or his designee to approve
purchase of continued annual maintenance costs from Infosol,
Inc., of Bellaire, Texas for software and hardware for the
CourtHouse software subject to annual appropriation of funds
based on sole source. (Attachment # 1
12. Ordinance abandoning and vacating an 8,978- square foot portion
of a 10-foot wide utility easement out of Lots 2 -9, Hatch
Commercial Sites, located north of and adjacent to the Leopard
Street public right-of-way; requiring the owner, Longhorn Transfer
and Storage, LTD, to comply with the specified conditions.
(Attachment # 12)
13. Second Reading Ordinance - Authorizing the City Manager or his
designee to execute an amendment to the Stadium Lease
Agreement between the City of Corpus Christi, Texas and Round
Rock Baseball, Inc, and assigned to Corpus Christi Baseball Club,
LP, a Texas Limited Partnership to authorize the use of Capital
Repair Funds for alterations, additions, and new improvements
subject to Lessee paying supplemental rent to replenish the
Capital Repair Fund; providing for publication. Attachment # 13)
(First Reading - 10/16/07)
Agenda
Regular Council Meeting
November 13, 2007
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CITY COUNCIL
PRIORITY ITY ISSUES
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agenda summary)
J. PUBLIC HEARINGS:
14.a. Public hearing to consider abandoning and vacating a 30,887.54-
square foot portion of the Eden Lane public right -of -way, out of
Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located east of the
McBride Lane street right-of-way, and north f I -37. (Attachment
# 14)
14.b. First Reading Ordinance Abandoning and vacating a 30,887.54-
square foot portion of the Eden Lane public right -of -way, out of
Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located east of the
McBride Lane street right-of-way, and north of IH -37; subject to
compliance with the specified conditions. (Attachment # 14)
1.a. Public hearing to consider amending the Corpus Christi Platting
Ordinance by repealing Section IV.G regarding parks and
playgrounds and adopting a new section IV.G of the Corpus
Christi Platting Ordinance regarding public open space.
(Attachment# 15)
15.b. First Reading Ordinance - Amending the City of Corpus Christi
Platting Ordinance by repealing Section IV. G. "Parks and
Playgrounds," and adopting a new Section IV. G. "Public Open
Space, " to provide for the dedication of park and public open
space on the platting of property, the creation of a community
enrichment fund and payments thereto, payment of fees in lieu of
land dedication, payment of a park development fee, providing for
park development improvements, providing for dedication of land
or payment of fees after filing of the plat for the property and upon
the replat of property, and providing for review of dedication
requirements; providing a repealer clause; providing a penalty
clause; providing for publication; and providing for an effective
date. (Attachment# 15)
K REGULAR AGENDA
CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES:
16. Resolution adopting the Texas Enterprise Zone Policy.
p g
(Attachment # 16)
Agenda
Regular Council Meeting
November ber 18, 2007
Page 7
cITY COUNCIL
PRIORITY ISSUES
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agenda summary)
17.a. Resolution amending Resolution No. 027061, adopted on
November 14, 2006 nominating Flint Hills Resources, L.P. to the
Office of the Governor Economic Development and Tourism
through the Economic Development Bank for designation as a
qualified business and Triple Jumbo Enterprise Project under the
Texas Enterprise Zone Program under the Texas Enterprise Zone
Act, Chapter 2303, Texas Government Code. (Attachment # 17)
17.b. Resolution nominating Stripes, LLC to the Office of the Governor
Economi Development and Tourism through the Economic
Development Bank for designation as a qualified business and
Single Retained Job Enterprise Project under the Texas
Enterprise Zone Program under the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code. (Attachment # 17)
1 7.c. Resolution committing to nominate Valero Refining - Texas, L.P.
to the Office of the Governor Economic Development and Tourism
through the Economic Development Bank for designation as a
qualified business and Triple Jumbo Job Enterprise Project under
the Texas Enterprise Zone Program under the Texas Enterprise
Zone Act, Chapter 2303, Texas Government Code for the next
biennium beginning in October, 2009. (Attachment # 17)
17.d. Resolution committing to nominate CITGO Refining and
Chemicals Company, L.P. to the Office of the Governor Economic
Development and Tourism through the Economic Development
Bank for designation as a qualified business and Triple Jumbo
Job Enterprise Project under the Texas Enterprise Zone Program
under the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code for the next biennium beginning in October,
200 9. (Attachment # 17)
18. Resolution amending Selection Criteria No. 7 to the Corpus
Christi Commercial Revitalization Local Strategic Plan.
(Attachment# 18)
19. First Reading Ordinance - Ordinance amending Chapter 12
"Boats, Bays and Waterways," Article 1 "In General," Section 12 -7
"Bathing, swimming and wading prohibited in certain waters," and
Section 12 -31 "slow, No Wake Zones„ of the Code of Ordinances,
City of Corpus Christi, to prohibit swimming, bathing, and wading
in the navigable channel of Packery Channel and to establish the
Agenda
Regular Council Meeting
November 13, 2007
Page
portions of Packery Channel adjacent to developed areas along
Packery Channel as a slow, no wake zone; providing a repealer
clause; providing a penalty; providing or publication. (Attachment
# 19)
L. PRESENTATIONS.
Public comment will not be solicited on Presentation items.
20. Briefing on Bond 2008 Process (Attachment # 20)
21. Proposed Platting Ordinance Amendments related to "Dead End"
water lines and Developer Trust Funds (Attachment # 21)
22. Corpus Christi Regional Economic Development Corporation
(EDC)Quarterly Report (Attachment # 22)
23. City Council Memorial Coliseum Committee Update Attachnnent
# 23)
M. PUBLIC COMMENT ENT F M THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
AROXIMATELY 12 :00 P.M. DR AT THE END OF THE
COUNCIL MEETING WHICHEVER IS EARLIER. . PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS SS T1 COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT 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.)
�i usted se dirige a la junta y cree que su ingles es llmitado, habra un in erprete
iris -espar of en la reuni n de la junta Para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, A C C SE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. TING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
CITY COUNCIL_
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November 13, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
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agenda summery)
N. EXECUTIVE SESSIONS:
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.
24. Executive session under Texas Government Code Section
551.087 for deliberations regarding economic development
negotiations, with possible discussion and action related thereto
in open session.
25. Executive session under Texas Government Code Section
551.071 regarding Case No. 06-0070-A; Joe McComb and Joe
McComb Enterprises, Inc. Vs. The City of Corpus Christi, in the
28th Judicial District Court of Nueces County, with possible
discussion and action in open session.
26. Executive session under Texas Government Code Section
551.071 regarding Texas Commission on Environmental Quality
Rai 101 3851 1, Docket No. 2007 -1409 ML II- ; Enforcement
Case No. 34544, with possible discussion and action in open
session.
O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow -up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
27. MAYOR'S UPDATE
28. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
November 13, 2007
Page 10
CITY COUNCIL
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agenda summary)
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at �� r ,f () p.m., November 9, 2007.
Armando Chaps
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at vwrv.texas.orri 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 items that implement
council goals.
City Council Goals 2007 -2009
Lt\3?-3
1v))947
0/?pus C\
Develop Street Plan
Texas A &M University — Corpus C h ri sti
Expansion
Neighborhood Improvement Program
(NIP) and Mode! Block Expansion
Development Process lmprovement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Council Workshop
October 30, 2007 - 8:00 a. m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummel'
Council Members:
Larry Ell ondo, Sr.*
13111 Kelly
Priscilla Leal
Michael IlcC utch o n **
John are*
Nelda Martinez
ABSENT
Melody Cooper
*arrived 8:03 a.m.
* *arrived 8:07 a.m.
** *arrived at 8:28 .m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the workshop meeting to order in the Council Chambers of City Hall.
Assistant City Manager Ron Massey provided a brief overview of the water rates including
the purpose of the workshop; maps of the Corpus Christi Regional Water System supply and
customers; and a background of the rate structure.
Tony Bagwell, HDR Engineering, referred to a powerpoint presentation including factors
affecting class and rate distinctions; graphical representation of the system; the existing monthly
minimum charge and meter ratios; residential use patterns; suggested volume rate block
restructuring; considerations for rate restructuring; summary of recommended cost reallocations;
cost of service calculations for raw and treated water; funding storm water issues; storm water
recommendations as per the Duncan report; storm water funding de uatcy; storm water allowa le
fees per the Local Government Code; storm water fees in other Texas cities; and storm water fee
considerations. Assistant City Manager Massey reported on the overall utility funding issues and
next steps.
council members asked questions regarding water distribution to the island; treatment of
water for Port Aransas; reclorinating stations; timeline for phasing in AWWA standards for meter
ratio; the number and type of customers with eight inch or large water lines; restructuring of cost for
wastewater; winter averaging use; the determination for indoor use; irrigation systems in the City;
analysis for new revenue; cost of service increases; impact fees; storm water costs; declining block
restructuring rates; the suggested rate for large volume users; unbilled city water expenses; adding
cost recovery to OCL classes for funding of capital improvement projects; the highest percentage of
cost within the water distribution system; development of a program for indigent seniors; storm water
efforts outside the city limits; permit program for storm water; ditches outside the city limits; funding
of storm water; type of rate structure to fund the debt service and maintenance and operation costs
for storm water; impermeable cover approach fee structure; whether the Unified Development Code
addresses impervious cover zoning regulations; calculated cost to customers; and rates evaluated
for residential and commercial customers.
Minutes — Council Workshop
October 30, 2007 — Page 2
Council Member Hummell suggested funding storm water as a separate source; evaluating
landscaped property versus solid impervious cover; and not allowing OCL customers to pay for
storm water costs. Council Member McCutchon suggested a rate structure for impervious cover and
an application for reduction of rates. Council Member Kelly suggested that the businesses be
eligible for rate reductions based on the percentage of impervious cover on the property. Council
Member Leal requested copies of the previous rate structures.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council workshop a 9:43 a. m. on October 30, 2007.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 30, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tern Mike Hummel'
Q9unc[[ Members: City_ Staff:
Larry Elizondo, Sr. City Manager George K. Noe
Bill Kelly City Attorney Mary Kay Fischer
Priscilla Leal City Secretary Armando Chapa
Michael McCutchon
John Marez
Nelda Martinez
ABSENT
Melody Cooper
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Mark Behrendt with Galilean Lutheran Church and
the Pledge of Allegiance to the United States flag was led by Council Member John Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of October
23, 2007. Council Member ber I Cutohon requested that the minutes be amended by removing the
wording "in advance of the buildout" on page 7. A motion was made, seconded, and passed to
approve the minutes as amended.
** * * * * * *t *
Mayor Garrett called for the City Manager's report. City Manager Noe introduced the new
director of Municipal Information Systems Michael Armstrong. Mr. Noe announced the hiring of the
new Airport Director Fernando Segundo. City Manager Noe provided an update on the
implementation of the Beach Watch signage. Mr. Noe announced that the Bond 2008 presentation
is scheduled for November 13t ". He said staff is working with the Administration Committee relating
to the utility extension financing and policies. Mr. Noe announced that the City received an upgrade
in the Insurance Service Office (ISO) rating from a Class 4 to a Class 3. Mr. Noe spoke regarding
the changes to the Texas Municipal Retirement System; full implementation of the Noise Ordinance;
and the Development Services' project management system.
* * * * * * * * * * *
Mayor Garrett announced that Item 16 regarding an appeal of Roland Garza of the Cable
Communications Commission would be rescheduled.
16. EPSTPONEDTO NOVEMBER MEETING
* * * * * * * * * *
Minutes — Regular Council Meeting
October 30, 2007 — Page 2
Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). There were no
comments from the public. Council members requested that Item 5 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MQ.DON No. 2007 -279
Motion approving a supply agreement with Pencco, Inc. of San Felipe, Texas for
approximately 435 tons of hydr flu r ailicic acid in accordance with Bid Invitation No. 131-
0009-08 based on only bid for an estimated annual expenditure of $212,062.50, of which
$159,046.92 is required in FY 2007 -2008. 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 Water Department in FY 2007 -2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting `Aye "; Cooper was absent.
a MOTION No. 2007 -280
Motion authorizing the purchase of equipment for a total amount of $151,943 utilizing funds
from the 2006 High Intensity Drug Trafficking Area Grant awarded to the City of Corpus
Christi and budgeted in Police Grant Fund 1061.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooper was absent.
4. MOTION NO. 2007 -281
Motion authorizing the City Manager or his designee to purchase specialized equipment in
the amount of $436,086.37 using funds from the 2003 and 2006 Homeland Security Grant
Programs, in No. 1062 Fire Grant Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
6. MQTION NO. 2007 -283
Motion authorizing the City Manager or his designee to execute a construction contract with
Rabalaisl& E Constructors, of Corpus Christi, Texas in the amount of $338,780 forte O.N.
Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY 2007 -2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
7. ORDINANCE NO. 027462
Ordinance appropriating $70,000 from unappropriated settlement proceeds in the No. 3160
City Hall CIP Fund; transferring and appropriating in the Park CIP Fund No. 3280 for
relocation of the Ropes /Steamboat House from Carancahua to Mesquite Street and
associated expenses; amending the FY 2007 Capital Budget adopted by Ordinance 026997
by increasing appropriations in Park CIP Fund 3280 by $70,000.
Minutes — Regular Council Meeting
October 30, 2007 — Page 3
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye; cooper was absent.
3. ORDINANCE NO. . 027463
Ordinance authorizing the City Manager or his designee to execute a five -year lease with
Bayfest, Inc., of Corpus Christi, Texas, for the use of the Grande-Grossman House, located
at 1517 North Chaparral in Heritage Park, as their business offices, in consideration of
Bayfest, Inc. paying a monthly fee of $500.
An emergency declared, and the foregoing ordinance w s passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez" voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 5 regarding an Arterial Transmission and Grid
Main Construction and Reimbursement Agreement submitted by Baybreeze Development L.P.
Council Member Hummell asked questions regarding previous action and the actual cost associated
with fire hydrant assembly. Deputy Director of Development Services Johnny Perales said some
agreements listed the fire hydrant assembly as a lump sum item with a unit cost of $3,500 and the
other agreements had the assembly broken down to four separate items totaling $3,240 for the
installed fire hydrant assembly cost. In response to Mr. Hummell, Mr. Perales said the listed price
was for an installed fire hydrant assembly.
Council Member McCutchon spoke regarding the installation of a dead -end main. City
Manager Noe said the dead -end line is short term and additional units will be installed adjacent to
the development. In response to Dr. McCutchon, Mr. Perales said there was a preliminary plan to
show the proposed units. Council Member Elizondo asked for a status on the water distribution
standards and requested a standard format for reviewing the cost of materials. Council Member
Hummell asked questions regarding the timeline for reimbursement.
A motion was made by Dr. McCutchon to table Item 5 to the end of the meeting to review the
master plan for the development. The motion was seconded by Ms. Leal and passed.
* * * * * * * * * * * * *
Mayor Garrett ref rred to Item 9, and a motion w s made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 1 007 -01, Southside Ventures LP: A change of zoning from a "R-1B" One - family
Dwelling District, "R-113/SP" B /SP" one - family Dwelling District with a Special Permit and "B-1"
Neighborhood Business District to a "R-10" One-family Dwelling District on property
described as 32.82 acres of and situated in Lots 5 and 6, Block 11 of Bohemian Colony
Lands, located approximately 300 feet east of the intersection of Weber Road (FM 43) and
ratton Road.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "R-10" One-family Dwelling District.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their
votes as follows:
Minutes — Regular Council Meeting
October 30, 2007 — Page
9. ORDINANCE NO. 027646
Amending the Zoning Ordinance, upon application by S uth ide Ventures, L.P., by changing
the zoning map in reference to 32.82 acres out of Lots 5 and 6, Block 11, of Bohemian
Colony Lands, from "R-1 B" One - family Dwelling District, "R-113/SP" One - family Dwelling
District with a Special Permit, and "B-1" Neighborhood Business District to "R-10" " ne-
fmily Dwelling District; amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan; providing a repealer clause; providing a penalty;
providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, , voting
"Aye"; Cooper and Martinez were absent.
Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 10O7 -02, AEP Texas Central Co.: A change of zoning from a " -1 B" One-family
Dwelling District to an "1 -2" Light Industrial District (Tract 1) and an "1-3" Heavy Industrial
District (Tract 2), 15.38 acres (Tract 1) and 0.029 acres (Tract 2) of land on property
described as Lot 2, Block 7 of Bohemian Colony Lands, located approximately 700 feet
south of the intersection of Frederick Drive and Ayers Street.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "1 -2" Light Industrial District for Tract 1 and denial clan "1 -3" Heavy Industrial District for Tract
2, and in lieu of, approval of an "1 -2" Light Industrial District with a special Permit on Tract 2, for one
(1) 10,000 gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan,
and approval of the Fire Marshal and Zoning Board of Adjustment.
No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the
public hearing, seconded by Mr. Kelly, and passed. Interim Assistant Director of Development
Services Faryce Goode -Macon stated that there was a correction to the ordinance to provide for a
split tank with 8,000 gallons for diesel and the remaining 2,000 gallons for unleaded fuel.
A motion was made by Mr. Hummell to amend the ordinance to allow for the split tank,
seconded by Mr. Marez and passed. Mr, Chapa polled the Council for their votes as follows:
10. ORDINANCE NO. 027465
Amending the Zoning Ordinance, upon application by AEP Texas Central Company, by
changing the zoning map in reference to 15.38 acres (Tract 1) out of Lot 2, Block 7,
Bohemian Colony Lands, from."R-1B" Or e- family Dwelling District to "1 -2" Light Industrial
District; and 0.029 acres (Tract 2) out of Lot 2, Block 7, Bohemian Colony Lands, from "R-
IB" One - family Dwelling District to "1-2" Light Industrial District with a Special Permit for one
(1) 10,000 gallon above ground split fuel storage tank for the storage of 8,000 gallons of
diesel fuel and 2,000 gallons of unleaded gasoline, per the metes and bounds description;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a penalty; providing for
publication.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon,
Marez, and Martinez, voting "Aye; Cooper was absent.
Minutes - Regular Council Meeting
October 30, 2007 — Page
Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0907 -02 Shoreline ks_ln .: A change of zoning from a "T-16" Manufactured
Home Park District to a "R-1C" C" One - family Dwelling District on property described as 46.502
acres out of Lots 7, 8, and 9, Section 40, Flour Bluff and En inai Farm and Garden Tracts,
located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue
Road.
City Secretary Chapa stated that the Planning Commission recommended approval of the
"R-1C" One-family Dwelling District (for original request of 46.502 acres). City Secretary Chapa
stated that the Planning ing staff recommended approval of the "R-1C" one - family Dwelling District (for
new request of 21.569 acres, which is less than originally requested by applicant).
No one appeared in opposition to the zoning change. Mr. Eliondo made a motion to close
the public hearing, seconded by Mr. Marez, and passed.
In response to Council Member Martinez, City Secretary Chapa stated that council would
have to amend the ordinance if they chose to concur with staffs recommendation.
Interim Director of Development Services Faryce Goode-Macon referred to a powerpoint
presentation including theexisting land use map for the original request and the revised request by
the applicant; the aerial photo; views of the subject property; and the future land use map for the
original and revised request.
Council members asked questions regarding the difference between the planning
commission and staff's recommendation; the developer's concerns to reduce the original acreage;
whether staff concurred with the developer; the difference between approving the original request
and the revised request; and the type of development.
Michael Bridges, 4530 Oso Parkway, said the revised request was made to preserve
alternatives for future development.
Ms. Martinez made a motion to amend the ordinance to approve staff's recommendation,
seconded by Mr. Kelly and passed. Mr. Chapa polled the Council for their votes as follows:
11. ORDINANCE NO. 027466
Amending the Zoning Ordinance, upon application by Shoreline Oaks, Inc., by changing the
zoning map in reference to 21 .569 acres out of Lots 7 and 8, Section 40, Flour Bluff and
En anal Farm and Garden Tracts, from "T-1B" Manufactured Home Park District to "R-1C"
One-family Dwelling District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Elizondo, Hummeli, Kelly, Leal, McCutchon,
Marez, and Martinez, voting "Aye"; Cooper was absent.
Minutes — Regular Council Meeting
October 30, 2007 -- Page 6
Mayor Garrett referred to Item 12 regarding the Corpus Christi Convention and Visitors
Bureau (CVB) Quarterly Report. Keith Arnold, CEO of the Convention and Visitors Bureau, referred
to a po werpoint presentation including the fiscal year review for 2006 -2007; the convention sales
and marketing teams; convention sales and tourism marl eting programs and initiatives for 2007 -
2008; and examples of CVB ad placements.
Council Members asked questions regarding the study of nature tourism sites by Ted
Eubanks; development of nature trails; year end review for leads and bookings of meetings and
conventions; hotel availability; reasons that would prevent the city from not receiving the bid for the
U.S. Bowling Congress; and a visitors center on the island.
Mayor Garrett referred to Item 13 regarding the Unified Development Code (UDC) Parks
Focus Group Final Report and Recommendation. Special Assistant of Development Services
Michael Gunning provided a brief overview of the focus group and its members.
Bob Payne, Senior Planner for Development ent Services, referred to a powerpoint presentation
including the existing park dedication requirements; the proposed UDC park dedication
requirements; graphs of the 2006 park dedication comparison parison of existing requirements versus the
proposed requirements; an example of the proposed UDC park dedication fees applied to 2006
approved plats; and what other cities do regarding park improvement fees.
Council Member Kelly asked questions regarding applying fees on a regional basis; whether
the $50 new park development fee is reasonable for requiring or refurnishing a regional park; the
amount of money to build a regional park; and staffs recommendation for the park development
fees.
Sally Gavlik, Director of Parks and Recreation said the initial fee would not generate a lot of
revenue and could be reviewed by the Council every three years. Ms. Gavlik stated that a regional
park would cost $10-12 million. In response to Mr. Kelly, Ms. Gavlik said staff originally
recommended $200 as the park development fee.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Mike Hummel', 600 Leopard Street,
spoke regarding the appointment made to the Port of corpus Christi Authority prior to the upcoming
Council election. Adele Martinez, 4826 Nesbitt, and Olga Gonzales, 1809 Yale Street, spoke
regarding staffing concerns and Site Council issues at Lindale Senior Center. Robert Gonzalez,
3507 Lawnview, spoke regarding the rehiring process for city jobs. James Rome, 218 Chandler
Lane; Cornelius Hayes, 225 Oleander; and Kim Seger, 205 Chandler Lane, spoke regarding sewer
problems in the Bessar Park Subdivision. Heidi Hovda, Downtown Management District, invited the
public to attend the free concert series "Luncheon on the Grass" in La Retama Park on October 31,
November 7th and 14th. John Kelly, 3621 Austin, spoke regarding a joint development for
interconnecting pedestrian /biking trails as part of the Texas A M University — Corpus Christi
expansion.
Mayor Garrett returned to Item 13 regarding the Unified Development Code (UDC) Parks
Focus Group Final Report and Recommendation. Bob Payne, Senior Planner for Development
Services, returned to the powerpoint presentation including the renewal community reduced fee; a
Minutes — Regular Council Meeting
October 30, 2007 — Page 7
renewal community reap; park service analysis in renewal community; the parks mater plan analysis;
and Planning Commission and the Park Focus Group recommendations.
Council members asked questions regarding renewal community fees; the cap on the
increase of fees; the review by the Council every three years; staffs recommendation of $200 for the
new park development fee; the reason other cities charge the $200 development fee; whether fees
can be decreased; accountability of the fees in lieu of land; the Padre Island Investment Corporation
agreement and property; wetland protection; and park dedication requirements for Cape Summer
Unit 1 Cape Summer Unit 11 and Commodore's Cove Unit 11.
Council Member Kelly recommended revising Section 1V.G.7.a Park Development Fee, to
change the Park Development Fee from $50.00 to $200.00 and deleting the last phrase "butte fee
may not be increased by more than 1% per three -year period. Council Members Hummel! and
McCutchon supported the recommendation.
Council Member Hummell recommended revising Section IV.G.7.a Park Development Fee,
to hnge the review of the fees by the City Council from once every three -year period to a two -year
period. Council Member belly supported the recommendation.
Mayor Garrett opened discussion on Item 14 regarding an update of the Bayfront Master
Plan. Assistant City Manager Massey and Raymond Gignac, Gignac and Associates, provided a
presentation including a background of the master plan; the four development options;
recommended Option ; maps and views of the development zones; downtown park themes and
concepts; S.E.A. Town signage concepts and w yfinding; S.E.A. Town street ape design
guidelines; the status of the Bond 2004 Project — Bayfront Park; and the Bond Issue 2004 timeline.
Council members asked questions regarding the number of lanes in each direction;
partnerships with the Regional Transportation Authority; the location of the voyage Exhibit; Phase 2
of the project; the original completion date; and possible timeline of construction and estimates for
the southern portion of Shoreline Boulevard.
Mayor Garrett opened discussion on item 15 regarding a presentation by the Commission on
Children and Youth on a platform for family issues. Director of Parks and Recreation Sally Gavlik
explained that the National League of Cities requested that member cities develop a platform on
strengthening families and improving the outcomes for children. Ms. Gavlik added that the
Commission on Children and Youth developed the City's platform.
Dr. Sherri Phillabaum, Chair of the Commission on Children and Youth, referred to a
powerpoint presentation including a background and the mission statement of the Commission on
Children and Youth; accomplishments of the commission; updating of the mater plan; and the five
basic components and responses of the platform.
Council members asked questions regarding the purpose fora platform; the duties of Youth
Opportunities United (YOU); Juvenile Assessment Center funding; the intent of the resolution;
accomplishments of YOU; funding for the Social Science Research Center; the response to sustain
the Youth Advisory Committee; plan for restructuring of city government; types of funding and
amounts; and whether the City funded YOU.
Council Member Leal requested information regarding the District 3 representatives on the
Youth Advisory Committee.
Minutes — Regular Council Meeting
October 30, 2007 — Page 8
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
15. RESOLUTION NO. 027467
Resolution to support the Children, Youth and Family Platform of the National League of
Cities and the Corpus Christi Commission on Children and Youth.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye'; Cooperwas
absent.
Mayor Garrett returned to Rem 5 regarding an Arterial Transmission and Grid Main
Construction and Reimbursement Agreement submitted by Baybreeze Development L.P. Ms.
Martinez made a motion to remove Item 5 from the table, seconded by Mr. Kelly and passed.
Deputy Director of Development Services Johnny Perales provided an overall layout of the
total proposed Terra Mar development outlining the limits of the water line reimbursement; the
existing master plan; and the preliminary plat for the development. Council Members asked
questions regarding the looping of the development. Mr. Perales suggested that the connection of
the south valve could be closed causing the line to be inactive. -City Secretary Chapa polled the
Council for their votes as follows:
5.a. MOTION NO. 2007 -282
Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Baybreeze Development, L.P., owner and developer of Los Arbles
at Terra Mar Unit 2 located south of Holly Road and east of Rodd Field Road for the
installation of 1 ,240- linear feet of 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
5.11 ORDINANCE NO. 027461
Ordinance appropriating $71,641,71 from the Arterial Transmission and Grid Main Trust
Fund No. 540450 -21805 -4030 to reimburse Baybreeze Development, L.P. for the installation
of 1 ,240- linear feet of 12 -inch PVC water grid main.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye'; Cooper was absent.
Mayor Garrett opened discussion on Item 17 regarding the City Corpus S all Business and
Support Guidelines and Criteria. Director of Economic Development Irma Caballero gave a brief
presentation including introducing the representatives that identified the needs of the small
businesses community; the key components of the policy; 10-key steps to starting a business;
Corpus Christi Fund Alliance; small Business Advocacy Program; Procurement Technical
Minutes — Regular Council Meeting
October 30, 2007 Page 9
Assistance Center; Corpus Christi Economic Development Office; and the Business Resource
Listing.
Council members asked questions regarding partnerships; whether the policy proposes a
small business sales tax; and the tracking of small businesses and contracts.
Abel Alonzo, 1701 Thames, thank Ms. Caballero and the committee members involved in
developing the policy and spoke regarding the importance of helping local small businesses.
City Secretary Chapa polled the Council for their votes as follows:
17. RESOLUTION NO. 027468
Resolution approving the City of Corpus Christi Small Business Support Guidelines and
Criteria.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare z, and Martinez, voting "Aye"; coo perw s
absent.
Mayor Garrett opened discussion on Item 18 regarding the selection of a site for the
Broadway Wastewater Treatment Plant. Director of Engineering Angel Escobar introduced the
presentation team: Director of Wastewater Foster Crowell, and consultants Govind Nadkarni and
Dan Leyendecker.
Mr. Escobar referred to a powerpoint presentation including the council directive of
September 25th; views and a summary of housing demographics for the existing treatment plants
and proposed sites; the number of acres owned at the Greenwood site; drive by animation for Flint
Hills Site, Citgo Site, Broadway Site, comparison of Flint Hills and Broadway and Citgo and
Broadway; updated costs for the directional drilling under the Ship channel — Twin 30' Force Mains;
costs for Resaca ca Lift Station to Greenwood Twin 30" Force Mains; revised matrix; cost comparison;
and staffs recommendation.
Council members asked questions regarding the delineation of Port property from the
Broadway Plant; the direction of the expansion at Greenwood; the reason twin force mains are
needed; needed flow for the Broadway plant; utilization of both force mains; alternative to having a
second force main; storage basins; the amount of clay pipe that can be replaced with $10 million;
the source of the grade for land geometry; residential breakdown for Broadway; the number of
homes impacted north of the Channel; total cost to build north of the Channel; the cost of land north
of the Channel; cost comparison; social concerns rating; constructability of the effluent line at
Broadway; staffs recommendation; Flint Hills consideration of the neighborhood; condemnation of
property; determination of the point system; time factor for permitting and construction; permitting
factors; impacts to the system for development in the Port and downtown areas; timeframe for
building plant on a raw site; possible acquisition of the dredge spoil disposal area or military staging
g g
site from the Port; extension of rail on Port land; the quality of the plant; the location of the proposed
bridge; when the Port received appropriation on the new rail line; the feasibility of diverting to the
Laguna Madre plant; the negative impacts for building at existing site; the Hillorest neighborhood's
position on rebuilding at Broadway; the use of the acres at Cayo de Oso; the cost to put pipelines
under the Ship Channel; whether the Port property is for sale; the costs for Site 5; and
consideration of a land swap for the Broadway site.
Minutes — Regular Council Meeting
October 30, 2007 — Page 10
Mayor Garrett called for comments from the audience. Bill Durrill, 210 Del Mar, asked the
Council to not look at other alternatives and decide on one of the developed options. Carolyn Moon,
4902 Calvin, spoke in support of the existing Broadway site. Henry Williams, s, President of the
Hillcrest Residents Association, asked the Council to make a decision in the best interest of the
neighborhoods and City. He added that the association did not want the new plant at the existing
Broadway, Flint Hills or Citgo site and suggested the City take an in -depth look at property north of
the Ship Channel. Errol Summerlin, Attorney for the Hill rest Association, provided information on
the delays, increased costs, and planned expansion for Greenwood. He asked staff for the number
of acres owned at Greenwood. Daniel Pena, 2813 Hulbirt, spoke regarding cost comparisons and
recommended Site No. 8. Mr. Pena asked the Council to slow down the process to review the
figures.
Craig Brown, Director of Public Affairs for Flint Hills, thanked the Council for being sensitive
to the needs of Hillrest and said the Flint Hills site for the wastewater treatment plant would
negatively impact the quality of life for the neighborhood. Mr. Brown also confirmed that Flint Hills
would not be willing sellers of their property. Andrew DuArte, 1203 Van Loan, spoke regarding
issues of environmental justice and reverse condemnation and asked the Council to make the right
decision. Abel Alonzo, 1701 Thames, said that expanding Greenwood would not be effective and
asked the Council to make a decision to build where it is more efficient. Gloria McChester, 1222
Van Loan, provided a history of the Hill rest area and the changes in the community. Jesse Garcia,
17433 St. Gertudis, said Citgo has worked with the neighborhood and supports the Hill rest
community. John Kelley, 3621 Austin, spoke in support of the transfer to Greenwood and tearing
down the Broadway property for economic redevelopment.
Council Member Kelly asked Mr. Williams if the Hillrest neighborhood would support the
rebuilding of the Broadway Treatment plant. Mr. Williams said the neighborhood would consider the
decision but still asked the Council to consider the area north of the Ship Channel.
A motion was made by Ms. Martinez to select the site ranked No. 3, which is the current
Broadway Treatment Plant site, for the location of the new wastewater treatment plant and directing
staff to work with the Port to discuss other land swap options that would reduce the cost of
construction at this location; however should the Port location not be available, the City will continue
with the existing location. The motion was seconded by Mr. Marez. City Secretary Chapa
announced that Council Member Elizondo would abstain from the discussion and vote of this matter.
City Secretary Chapa polled the Council for their votes as follows:
18. MOTION No. 2007 -284
Motion selecting the site ranked No. 3, which is the current Broadway Treatment Plant site,
for the location of the new wastewater treatment plant and directing staff to work with the
Port to discuss other and swap options that would reduce the cost of construction at this
location; however should the Port location not be available, the City will continue with the
existing location.
The foregoing motion was passed and approved with the following vote: Garrett, Hummel!,
Kelly, Leal, M Cut hon, Marez, and Martinez, voting "Aye"; Eli ondo abstained; Cooperwas
absent.
* * * * * * * * * * * **
Minutes — Regular Council Meeting
October 30, 2007 — Page 11
Mayor Garrett called for Council concerns and reports. Council Member McCutchon asked
that the schedule for trimming the palm trees along the Causeway (Padre Island) coincide with the
trimming on Ocean Drive. Dr. McCutchon recognized his father for retiring after49 years of private
practice. Dr. McCutchon asked for the status on the Water Resources Development Act (WRDA)
bill. City Manager Noe said the bill was currently on the President's desk. Dr. McCutchon provided
a copy of the City of Galveston's resolution and suggested that the City have a similar policy for
trash removal, seaweed control and trash removal.
Council Member Hummel' said happy birthday to this father. Mr. Hummel] reported on the
trash in the drainage area near Oso Golf Course. Mr. Hummel] asked staff to research the rational
program "Rails to Trails" to develop a hike and bike trail along Ennis Joslin and the regional park.
Mr. Hummell recommended a proposal be made to the MPO to see if the money for Holly Road
could be redirected for Ocean Drive.
Council Member Leal congratulated the students from South Park Middle School for
receiving the Texas Education Agency (TEA) Recognition. Ms. Leal asked to review the MPO list to
see the priority level for Williams Road between Airline and Staples. Ms. Leal thanked Director of
Solid Waste Jeff Kaplan for addressing the solid waste problem last week. Ms. Leal also thanked
City Secretary Armando Chapa and staff for their work. Ms. Leal announced a town hail meeting on
Wednesday, November 7th from 6:00 p.m. to 8:00 p.m. at South Park Middle School.
Mayor Garrett asked questions regarding an agreement with the American Bank Center for
the barge dock. City Manager Noe said the City allows the ABC center to manage the parking
areas.
Council Member Martinez thanked City Manager Noe for following up on the bat issue at the
Selena Auditorium,
City.
Council Member Kelly thanked Assistant City Manager Ron Massey for his work with the
Council Member Elizondo thanked Assistant City Manager Margie Rose forme efforts at the
Bill Witt Complex.
Council Member mber Mare reported on high weeds and grass on Louisiana Parkway. Mr. Marez
thanked Mr. Massey for his service to the City and wished him good luck on his new position.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 6:43 p.m. on October 30, 2007.
2
a. CITIZENS ADVISORY HEALTH BOARD One (1) vacancy with term to 11-11-10.
DUTIES: To study and assist in health and human service operations, services and
programs, and to make recommendations to the City and County through the Director of
Health and Human Services.
COMPOSITION: Eleven 11 members, five (5) members appointed by the City Council
for three -year terms, five (5) by the Commissioners Court; and one member appointed jointly
by the City and the County. The board elects its own president and vice president.
ORIGINAL
friEMJERS TERMS ATI. DATES
Amanda Stukenberg (City), Vice Chair 11 -11 -09 5-08-01
Mary Jane Garza (City) 11 -11 -0 3-20-07
Ruben Garza (County) 6-30-09 6-30-07
Suzette Chopin (City) 11 -11 -0 -21-06
Leo Banera, Jr. (County) 6 -30 -09 4-24-84
VACA TT (County)
*Rebecca Esparza (City) 11-11-07 3-20-07
Russell Stowers (City) 11 -11- 6 -12 -07
Dr. Tony Diaz (County) 6-30-09 11-11-78
VACANT (County)
Araselia Barrera (Joint) 11 -11 -0 2-21-06
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Rebecca Esparza (City) 7 (2 EXC) 7%
OTHER INDIVIDUALS EXPRESSING INTEREST
Kay H. Aeby
David Berlanga
Self - employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board
Representative. Former Member of the Downtown
Redevelopment Committee. (6-15-07
Financer/ManageriBusinessDeveloperiCEO, Maker Capital
Group, Fung Shui Lounge, Sang&Dav LLC, and American
Builders. Received Bachelors Degree from University of
Texas, Austin and currently working on Masters of Public
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
* ** **Has met six -year service limitation
Laura L. Hebert
Edward Kownslar
Patricia Mattocks
Michael San Miguel
Administration/City Management, Texas State University.
Activities include: Habitat for Humanity, Organizer for
Hispanics Organized for Public Education (HOPE), and
Social Director for Zeta Psi. (9-18-07)
Owner and President, Hebert Insurance Group, Inc. Past
President of C A.I{U and Past President of Delta Gamma,
RCIA teacher, and member of Eastern Star 354. (6-7-07)
Li
b. ETHICS COMMISSION — Three (3) vacancies with terms to 10-0140. (Appointed by
2/3 vote of the full council)
DUTIES: In addition to having jurisdiction of complaints involving any "city official ",
the duties of this commission are to prepare and publish pamphlets and other materials
explaining the duties of individuals subject to the code of ethics; review all statements
and reports filed with the city; annually review the code of ethics and make appropriate
recommendations to the city council; review all public opinions related to the code of
ethics that are issued by the city attorney; prepare and disseminate a report listing all
campaign contributions and expenditures for each candidate within 30 days following the
deadline for filing the last campaign finance reports for each city council election. The
commission shall have such meetings as may be necessary to fulfill its responsibilities.
The chairperson or any three members may call a meeting provided that reasonable
notice is given to each member. The commission shall meet at least once a year. The
date of the annual meeting shall be in September. The commission shall comply with the
Texas Open Meetings Act.
COMPOSITION: Nine members appointed by a two-thirds vote of the full council.
Nominations are to be solicited from a wide variety of professional and community
organizations in the city but interested individuals may also submit their names for
consideration. Initially, the terms of three members shall be one year, and the initial
terms of another three terms shall be two years. The persons having such shorter terms
shall be determined by lot. No holding over is permitted except as expressly provided in
the code of ethics. The commission shall elect a chairperson and a vice- chairperson.
ORIGINAL
MEMBERS TERM APPTD, DATE
Linda Figueroa 10-01-09 5-10-05
Harlan Heitamp 10-01-09 11-11-03
Dr. Nicholas Adame 10-01-08 10-25-05
Miguel Carranco 10-01-08 4 9-06
**John de Montel 10 -01 -07 9-19-06
Jo a Guzman 10-01-09 10-14-03
*Rick Marcantonio 10-01-07 12-14-04
*Robert N. Corrigan. 10-01-07 10-14-03
James Richard Cramer 10-01-08 10-14-03
(Note: The Ethics Commission is recommending the new appointment of Laura
Hebert and as alternate nominee, Randall Barrera.)
Legend
*Seeking reappointment
**Not seeking reappointment
**'Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
DANC
NAME THIS TERM PRESENT LAST T ERM YEAR
Rick Marcantonio antonio l EXC ) 83%
Robert N. Corrigan (1EXC)
OTHER INDIVIDUALS EXPRESSING INTEREST
Kay H. Aeby
Randall Barrera
Rebecca Esparza
Angie Flores
Jack Gordy
Laura L. Hebert
Self - employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board
Representative. Former Member of the Downtown
Redevelopment Con m.ittee. (6-15-07
Attorney, Self- Employed. Received BA from Southwest
Texas State University and Juris Doctor from Texas
Southern University. Activities include: Hispanic
Chamber of Commerce, America' Registry of Outstanding
Professionals, Texas Trial Lawyers Association and the
Texas Bar Association. (10-19-07
Public Relations Consultant. Received Associate In Arts,
Journalism from Del Mar College, Bachelor of Business
Administration, Marketing and Master of Business
Administration from University of the Incarnate Word, San
Antonio. Activities include: Board Member — American
Cancer Society and Co- founder and co-facilitator, M. D.
Anderson Cancer Support Group. (11-08-07)
Leasing Agent, Landlord Resources. Attended Massey
Business School, University of Shopping Centers and is a
Licensed Real Estate Agent. Activities include: Boys
Girls Club of Corpus Christi Board, Leadership Corpus
Christi Board of Governors, Heart of Corpus Christi Board
Member and Downtown Redevelopment Committee. 4-07)
Retired military. High school graduate plus one year at Del
Mar College. (11-06-07
Owner and President, Hebert Insurance Group, Inc. Past
President of CBAHU and Past President of Delta Gamma,
RCIA teacher, and member of Eastern Star 354. (6-7-07
Melissa Hofstetter
Chon -Kyun Kim
R. Bryan Johnson
Rene Saenz
Michael Shooshan
Owner, Secretarial Solutions. Currently attending Texas
A &M University — Kingsville pursuing a degree in social
work.. Activities include: Oso Park Neighborhood
Association, Court Appointed Special Advocates (CASA),
National Honor Society of Social Workers, and Spaulding
for Children. (944-07)
Assistant Professor, Texas A &M University- Corpus
Christi. Received B.A. in History from Kyunghee
University, Seoul, South Korea, M.P.A. in Public
Administration, Korea University, Seoul, South Korea, and
Ph.. i
c, SISTER CITY COMMITTEE - One (1) vacancy with term to 9-10.
DUTIES: To study ways and means of improving relations with the Corpus Christi sister
cities and to advise and consult with and assist the Mayor, the City Council, the City
Manager and all other City agencies, boards and officials in accomplishing the purposes
of the Sister City program.
COMPOSITION: It shall consist of a Steering Committee of twenty-one r em ers and
various subcommittees, members who shall be broadly representative of the racial,
religious and ethnic groups in the community. The members shall be appointed by the
City Council and shall serve three -year terms or until their successors are appointed and
qualified. The Steering Committee shall be responsible for the overall administration and
implementation of the City's Sister City program. There shall be a subcommittee for each
sister city authorized by Resolution of the City Council. Members of each such
subcommittee shall be appointed by the Steering Committee plus members from the
community at large as deemed necessary and sufficient by the Steering Committee. Each
subcommittee shall be responsible, under the direction of the Steering Committee, for
primary study, liaison and recommendations for each sister city. The offices of the
committee shall consist of a General Chairman, V- Chairman for each of the Sister City
subcommittees established in accordance with Sec, 2-152. The Chairman and each vice -
chairman shall be elected by majority vote of the sister city committee annually. If the
General Chairman is absent, a vice - chairman shall be elected from the committee to serve
as General Chairman during his/her absence.
1LEMBERS
Brenda "Brandi" Williams
Danny Williams
Randy Farrar
Alfonso Trujano, Jr.
Sulchbir Singh
Farley L. Frazier
Rose Gunji
Ellen Murry
Jonathan E. Lancaster
Heather Stanton Moret sohn
Guillermo "Willie" Perez
Westi Horn
Arm Jaime
Almira Flores
Tim Dowling
***Drew Matlock Reining
Javier 111 I. Morin
Drue Combs
Flicka Rahn
George B. Kopf
Sharon L. Phillips
ORIGINAL
TERM APPT . DATE
9 -09 9-11-07
9 -09 9-11-07
9 -10 6-11-02
9 -10 9 -11 -07
9-08 9-12-06
9 -10 6-12-07
9 -08 11-08-05
9-08 4-16-02
9-08 6-12-07
9 -10 9-14-04
9-10 1-16-07
9-10 6-15-04
9-08 6-13-00
9- 1 9-12-06
9-10 7-10-07
9-10 7-10-07
9-08 7-10-07
9-09 9 -12 -06
9-09 6-15-04
9-09 6 -12 -07
9-09 9-09-02
Le end:,
Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has mt six-year service limitation
(Note: The Sister City Committee is recommending the new appointment of Melissa
Melendez.)
INDIVIDUALS EX.PRESSING INTEREST
Matthew D em art i n o
Vincent E. Doyle
Dora L. Hidalgo
Melissa Melendez
Leo Rios
Officer/Pilot, United States Navy. r. Received Bachelor of
Science from Cornell University. Currently enrolled in
American Military University, International Relations.
Activities include: Chief of Naval Aviation Training
(CNATRA)Stage Head Manager. (9-4-07
Engineering Service, Corpus Christi Army Depot.
Received Trade School Vocational Certification. Interested
in serving community. (9-12-07)
Clinical Record Administrator, IVIHIVIR of Nueces County.
Registered Health Information Technician. Activities
include: Coastal Bend Health Information Management
Association, Former President of the South Texas Amigos
de Mexico, President of Fuerza Comunitaria, and Advisory
Board Member to the Institute of Mexicans Abroad (IME).
Received the Hispanic Women's Network Las Estrellas
Award. (141-07)
Viola Performer, Texas A &M University — Corpus Christi.
Received Bachelor in Music Performance from Louisiana
State University, Master in Music Performance from The
Cleveland Institute of Music, Artist Diploma from
Dusquenes University, and Doctoral in Musical Arts from
University Arizona. Activities include: Member of the
Islander String Quartet, Principal Violist of The Kingsville
Symphony Orchestra, and Suzuki Program Director at the
Early Childhood Development Center. (846-07)
Realtor, Rernax Metro Properties. Activities include:
Knights of Columbus, Hispanic Chamber of Commerce,
Board of Directors of Coastal Bend Immigration Counsel,
and Texas Political Action Committee. (9-25-07)
Michael Shooshan
Self - employed. Received an Associate's degree and
currently pursuing a Bachelor's in Engineering. President
of a Park Neighborhood Association and Neighborhood
Watch Program. Participant in Citizen's Police Academy.
(9-14O7)-
d. TRANSPORTATION ' ATION ADVISORY COMMITTEE — Three vacancies with terms
4-30-08 and 4-30-10. (Note: One member has traditionally been the incumbent
securiol officer at the Naval Air Station)
DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety
investigation, traffic accident, injury and damage prevention i
R. Bryan Johnson
Glenn R. Jones
Thomas L. Knight
Roy Ortega, Jr.
Eloy Barrera Soza
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. (9-25-07
Realtor, Cold Drell Banker Pacesetter Steel. Received BS in
Business Economics, State University of New York.
Served as United States Navy Air Traffic Controller. 16-07)
Owner — President, Fiesta Margaritas. Received Bachelor of
Arts Degree in Political Science Public Administration /History
and Secondary Education Teaching Certificates in American
Government History and Special Education. Received Young
Republican "Man of the Year" 1975 and was in Del Mar
College Hall of Fame 1971 (4-3-07)
Owner, Victorian Hall LLC. Attended numerous Tech
Schools and Symposiums. interested in community
involvement. (9-25-07)
Volunteer and Community Advocate. Received B.S. in
Biology and working on M.S. in Chemical Engineering.
Former Member of the Committee for Persons with
Disabilities. (9-17-07
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: vex
T r 13 2007
AGENDA : Ordinance appropriating $1,205,000 from the unreserved Fund Balance in
No. 1020 General Fund for the following items: Police vehicles $ 155,000; 2 replacement
ambulances $160,000; Parks and Recreation Vehicles and Equipment $260,000; Street
maintenance $500,000; Animal Control vehicles $80,000 and Downtown improvements
$50,000; Changing FY 0-2008 Operating Budget adopted by Ordinance No. 027352 by
increasing appropriations by $1,205,000; and declaring an emergency.
ISSUE: On July 10, 2007 the City Council passed an Ordinance appropriating $2,902,327 from
estimated excess revenues over expenditures in the General Fund (Fund 1020) for "one - time'
expenditures. The Ordinance included several items from various General Fund departments.
At that time it was stated that if some of the items could not be purchased or encumbered (due to
the short amount of time before year end) staff would come back to the City Council in FY 2007 -
2008 and appropriate the necessary funds so the remaining items could be purchased.
REQUIRED COUNCIL ACTION: Approval of ordinance appropriating funds to be used for
one - time expenditures.
CONCLUSION AN RECOMMENDATION: City staff recommends approval of the
ordinance as submitted.
Eddie Houlihan
Assistant Budget Director
Attachments:
Background information
Ordinance
BACKGROUND INFORMATION
On January 10, 2006 the City Council passed Resolution No. 026605 reaffirming
financial policies, providing policies for maintenance of the General Fund's fund balance at an
adequate level and providing policy direction on preparation of the FY 2006 -2007 budget. The
Resolution states that it is the goal of the City Council to maintain a reserve in the General Fund
unreserved fund balance which totals at least 1O% of total annual General Fund appropriations.
The Resolution also states that undesignated fund balance in excess of the 1O policy
y
requirement may be recommended for expenditure on one-time improvements, with a priority on
infrastructure and equipment which will reduce the need for future debt.
Based on the guidance of this Resolution the City Council passed an Ordinance on July 10, 2007
appropriating $2,902,327 for various "ore -time" items in the General Fund. At the time the
Ordinance was passed revenues were anticipated to exceed expenditures by $2,954,067,
Currently revenues are expected (annual audit is not yet complete) to exceed expenditures by
more than $3,000,000. At the time the Ordinance was passed Council was informed that in the
event some of the items could not be purchased or encumbered by year end staff would come
back and appropriate funds in FY 2007-2008 so remaining items could be purchased. The
current ordinance is appropriating funds to purchase the following items:
Police Vehicles
Five additional Police Package sedans $115,000
Two Crime Scene Vans 40,000
Total Police Vehicles $155,000
Two Replacement Ambulances $160,000
Park & Recreation Equipment:
Two 12 Yard Dump Trucks $ 160,000
2.5 Ton Flatbed Truck 70,000
Power Feed Brush Chipper 30000
Total Park & Recreation Equipment $260,000
Street Maintenance $500,000
Four 1/2 Ton Pickup Trucks for Animal Control $80,000
Downtown improvements
TOTAL
$54,00
U2L=
BACKGROUND BACICGROUND INFORMATION
The remaining items listed above are as they were presented in the Jul 1 2007 Ordinance
name
except for the two ambulance replacements. At that time the Fire Department anticipated
purchasing two ambulance remounts for $160,000, but have subsequently determined purchasing
two new ambulances for a total of $202,658 is more advantageous to the department. The
additional $42,658 needed will come from the Fire Department's FY 2007-2008 Operating
Budget.
Page 1 of 2
ORDINANCE
APPROPRIATING $1,205,000 FROM THE UNRESERVED FUND
BALANCE IN NO. 1020 GENERAL FUND FOR THE FOLLOWING
ITEMS: POLICE VEHICLES $155,000; 2 REPLACEMENT
AMBULANCES $'160,000; PARKS AND RECREATION VEHICLES AND
EQUIPMENT $260,000; STREET MAINTENANCE $500,000; ANIMAL
CONTROL VEHICLES $80,000; DOWNTOWN IMPROVEMENTS
$50,000; CHANGING 2007-2008 OPERATING BUDGET ADOPTED BY
ORDINANCE 027352 BY INCREASING APPROPRIATIONS BY
$'1,205,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,205$000 from unreserved fund balance is appropriated in No.
1020 General Fund for "one time' expenditures in the 2007 -2008 Operating Budget
including: polive vehicles $155,000; 2 replacement ambulances $160,000; Parks and
Recreation vehicles and equipment $260,000; street maintenance $500,000; animal
control vehicles $8OOOO; downtown improvements $50000;
SECTION 2. That the FY 2007 -2008 operating budget adopted by ordinance 027352 is
changed to increase appropriations by $1,205,000.
SECTION 3. 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
i
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 , 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: , 2007
]
Lisa Aguilar
Assistant City Attorney
For City Attorney
HALEG-DiR\Jeannie‘Lisa\ORD-appropGeneralFund2007-2008.doc
Page 2of2
Corpus Christi, Texas
Day of , 2007
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: Uwe, 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
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cutchon
H:1LEG D1R' eannie \Lisa 0RD- apprep en ralFund2007- 00 .do0
4
Requested Council Action: 11/13/07
Alternate Council Date: 11/20/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of two (2) ambulances from San Antonio
Ambulance Sales, Inc., San Antonio, Texas for a total amount of $202,658, The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC),
The ambulances will be used by the Fire Department. The units are replacement to the fleet. Of the total
$202,658 required, $160,000 is scheduled to be appropriated from the Unreserved General Fund balance
and $42,658 is available in the FY 07 -08 Fire Department budget.
Purpose:
Basis of Award:
Funding:
The ambulances will be used by the EMS Division of the Fire Department
for emergency medical response services. The units will replace two
existing medical units within the Fire Department, allowing EMS to
maintain the existing level of service in the community.
The vehicles will be purchased through the cooperative purchasing
agreement with the TLGPC. TLGPC is administered by the Texas
Association of School Boards (TASB) and o -s o sore l by the Texas
Municipal League (TML) and the Texas Association of Counties (FAQ.
TLGPC acts as an independent agency awarding exclusive cooperative
purchasing contracts for its members.
Fire Department
550020 -1020 -35100
Mich * .{ : arrera
Assi . t Director of Financial Services
FY 07-08
$202,658.00
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Requested ouucil Date: 11/13/07
Alternate Date: 11/20/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a service agreement with Brown Mule Mowing
Inc., Corpus Christi, Texas for street and drainage ditch right -of -ways, based on best value in
accordance with Bid Invitation No. - 0222 -07 for an estimated two year expenditure of
$847,488.64 of which $282,4962 1 is required for the remainder of FY 07/08. The term of the
contract will be for twenty -four months, subject to annual appropriations, 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 Storm Water Departtnent in
FY 07/08.
Purpose:
The contract will establish a regularly scheduled mowing cycle for
street and drainage ditch right -of -ways located on the west and
northwest part of the City. It is a component of the Storm Water
Department's overall ROW mowing program. It places approximately
853 acres of ROW mowing under contract. An additional 1,650 acres
of drainage ditch is maintained by the department to contribute to a
well managed, proactive approach to Storm Water ROW maintenance.
Previous Contract: The option to extend the previous contract has been exercised,
requiring the City to distribute new bid invitati
6
Requested Council Action: 11/13/07
Alternate Council Date: 11/20/07
AGENDA MEMORANDUM
RECOMMENDATION: Moti
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7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11/13/2007
AGENDA ITEM:
Item A. A resolution authorizing the City Manager, or his designee, to execute a subrecipient agreement and
accept a State Homeland Security Grant from the Office of the Governor's Division of Emergency
Management in the amount of $1,389,430 for the purchase of specialized equipment and training.
Item B. An ordinance appropriating $1,389,430 from the Off ice of the Governor's Division of Emergency
Management Homeland Security Grant Program in the No. 1062 Fire Grants Fund for the purchase of
specialized equipment and training; and declaring an emergency.
ISSUE: The Office of the Governor's Division of Emergency Management has informed the City that our
jurisdiction has been awarded a grant in the amount of $1,389,430 from the Fiscal Year 2007 Homeland
Security Grant Program. The purpose of the grant is to carry out homeland security projects that will
significantly improve local and regional terrorism prevention, preparedness, and response capabilities.
A need analysis has been conducted and specialized equipment has been identified. Bids will be secured for
the purchase of the equipment.
REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute a
subrecipient agreement, accept the grant and appropriate funds.
PREVIOUS COUNCIL ACTION: Council has previously approved accepting funds from the 2003 and
2006 State Homeland Security Grant Programs.
CONCLUSION AND RECOMMENDATION: Staff recommends approving the resolution and ordinance
to execute a subrecipient agreement, accept the grant and appropriate funds in the amount of $1,389,430.
Richard Hooks
Fire Chief
Attachments:
1. Resolution
2. Ordinance
3. Notice of Sub- recipient Award
C:\Docurnents and s stings \RickR \My Docurn nts\Agenda Iterns\1389430 homeland.doc
BACKGROUND INFORMATION
The U. S. Department ent o Homeland Security annually issues grants to the State of Texas. The
Governor's Division of mergenc r Management serves as the State's agent for the various grant
programs. These funds shall be used to provide law enforcement and emergency response
communities with enhance capabilities for detecting, deterring, disruptin g preventing and
g
responding to potential threats of man made, natural disaster and acts of terrorism.
C:\Docurnents and Settings\RickR\My Docurn ntslAgendak It: ms\1389430 homeland.doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A SUBRECIPIENT AGREEMENT AND ACCEPT A STATE
HOMELAND SECURITY GRANT FROM THE OFFICE OF THE
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT IN THE
AMOUNT OF $1,389,430 FOR THE PURCHASE OF SPECIALIZED
EQUIPMENT AND TRAINING.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1 . The City Manager, or his designee, is authorized to execute a
s breci lent agreement and accept a State Homeland Security Grant from the Office of
the Governor's Division of Emergency Management in the amount of $1,389,430 for the
purchase of specialized equipment and training.
ATTEST: THE CITY OF CORPUS CHR1STI
Armando Chapa Henry Garrett
Cfty Secretary Mayor
APPROVED: ��f/���� 7 2007.
By:
Joseph Home
Y
Assistant City Attorney
For City Attorney
Res o -FD St-FirnS e a do
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garret
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Reno- FD- St -HmSec .do
2
AN ORDINANCE
APPROPRIATING $1,389,434 FROM THE OFFICE OF THE
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
HOMELAND SECURITY GRANT PROGRAM IN THE NO. 1062 FIRE
GRANTS FUND FOR THE PURCHASE OF SPECIALIZED EQUIPMENT
AND TRAINING; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 7. That $1,389,430 from the Office of the Governor's Division of Emergency
Management Homeland Secuiity Grant Program is appropriated in the No. 1062 Fire
Grants Fund for the purchase of specialized equipment and training to improve the
City's ability to respond to homeland security issues.
SECTION 2. That upon written request of the Mayor or five Council members, bers, 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 13th day of November, 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED:
By:
Joseph mey
Assistant City Attorney
For City Attorney
Ord-Appr-Fire-1-15-7.doc
, 2007
Corps Christi, Texas
day of , 2007
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.
Respectfulty, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eiizondo, Sr.
Mike Rummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
RICK PERRY
Governor
DIVISION OF EMERGENCY MANAGEMENT
Office of the Governor
Mai!in ddr ss: Contact Numbers:
PO Box 4087 512 - 424 -2138 Duty Hours
Austin, Texas 78773 -0220 512- 424 -2277 ton -Duty Hours
512 -424 -2444 Fax
October 12, 2007
The Honorable Henry Garrett
Mayor, City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78469 -9277
Dear Mayor Garrett:
P .y ical Address:
5805 N. Lamar Blvd.
Austin, Texas 78752
STEVEN McCRAW
Director
Office of Homeland Security
JACK COLLEY
Chief
•
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k21 Your jurisdiction is being awarded a sub-grant for the Fiscal Year (FY) 2007 Homeland Sec ; -
nt
Program RSGP to carry out homeland security projects that will significantly improve local and
regional ten -orism prevention, preparedness, and response capabilities. Proposed local, regional, and
urban area projects were grouped into investments that were submitted to U. S. Department of Homeland
Security DIE for review and approval. Grant funds must be used for projects which support the
investments approved by DHS, which are highlighted in Enclosure 1.
The following additional grant- related documents ments are enclosed:
1. Notice of Sub- recipient Award. (Enclosure 2)
A. The Notice of Sub-recipient ien Award for the 2007 HS GP must be signed by the chief elected official
of your jurisdiction unless that authority has been delegated. Other signatures will require an
accompanying statement from the chief elected official authorizing the individual to sign for the
jurisdiction.
2. Direct Deposit Authorization. (Enclosure 3)
A. GDEM must have a current Direct Deposit Authorization from your jurisdiction in order to transfer
grant funds electronically to a designated bank account to reimburse you for grant - funded
expenses. Additional copies are available from the Texas State Comptroller's website at:
http://www. window. state.tx.usitaxinfoitax forms/74- i 8.9 d . An appropriate local official,
typically your finance officer, must sign the Direct Deposit Authorization.
B. If you submitted a completed Direct Deposit ri a i on form with prior Homeland
Security Grant Program, you do not need to submit another unless your bank account
information has changed.
RECEIVED
OCT ] R Z00)
C!ry' MANAGER'S OFFICE
3. Grant Management Highlights for Executives (Enclosure 4)
This document includes helpful information for homeland security grant management.
Please send the original signed Sub Recipient Agreement and signed Direct Deposit 1u horizat
applicable) to GEM at the following address:
Mail:
Division of Emergency Management
Attention: SAA Section
P.O. Box 4087
Austin, TX 78773 -0270
Please retain a copy of each form for your records.
The deadline for returning the signed Notice
Authorization if applicable) is November b
be withdrawn if the required materials are not
will not be granted.
Courier:
Division of Emergency Management
Attention: SAA. Section
5805 N. Lamar
Austin, TX 78752
of Sub - Recipient Award, and signed Direct Deposit
er 2007. The offer of a homeland security sub-grant will
postmarked by the due date. Extensions to this date
If you have any program questions regarding
512-424-7801.
Si
ely,
Jack olley
Chief
HS P, please contact the SAA at 512-424-7809 or
Enclosures:
1. DHS Approved Investments
2. 2007 Notice of Sub-recipient Award
3, Direct Deposit Authorization
4. Grant Managerr nt Highlights for Executives
8
CITV COUNCIL
AGENDA MEMORANDUM
City council Action Date: 11/13/07
AGENDA ITEM: A resolution of the City Council of the City of Corpus Christi,
Texas, authorizing the Corpus Christi Police Department to adopt a city-wide
policy for towing vehicles when the operator has no proof of financial
responsibility.
ISSUE: The Police Department wants to develop a policy for the towing of vehicles
that do not have the required proof of financial responsibility.
REQUIRED COUNCIL ACTION: Passing of the resolution.
PREVIOUS IOUS CO NCIL ACTION: None.
FUNDING: No funding is involved.
CONCLUSION AND RECOMMENDATION: Staffrecommends passing of the resolution.
Bryan P. Smith
Chief of Police
Attachments:
• Resolution
BACKGROUND INFORMATION
The Texas Transportation code sec. 601.051 provides that a person may not operate a
vehicle in the state of Texas unless financial responsibility is established for that
vehicle. Financial responsibility includes proof of liability insurance, a surety bond filed
with DPS, a deposit with a county judge, a deposit with the state comptroller, or a
certificate of self insurance issued by DPS.
Over the past several months a number of Texas cities, such as San Antonio, Arlington,
and Irving, have adopted towing policies to authorize police officers to tow vehicles
when the owner does not have the required proof of financial responsibility. The goal
is to protect the public safety by reducing the number of uninsured vehicles on the
public streets and highways. Most of the tow policies include provisions that have the
police officers make a reasonable attempt to verify coverage and allow for discretion
not to tow when there are mitigating circumstances. The City of Corpus Christi would
like to join with other Texas cities in trying to address the problem of the estimated 20%
of Texas drivers who do not have proof of financial responsibility.
A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, AUTHORIZING THE CORPUS CHRISTI POLICE
DEPARTMENT TO ADOPT A CITY-WIDE POLICY FOR TOWING
VEHICLES WHEN THE OPERATOR HAS NO PROOF OF
FINANCIAL RESPONSIBILITY.
WHEREAS, it is the intent of the City Council to protect the public health, safety
and welfare; and
WHEREAS, municipalities may, under their police powers, enact reasonable
regulations to promote the health, safety and welfare of citizens; and
WHEREAS, Texas Transportation Code Section 311.001(a) provides that a
home -rule municipality has exclusive control over and under the public highways,
streets, and alleys of the municipality; and
WHEREAS, Texas Transportation Code Section 601.051 provides that a person
i
may not operate a vehicle in the State of Texas unless financial responsibility is
established for that vehicle; and
WHEREAS, S, Texas Transportation Code Section 601.053(a) pthat as a
condition of operating a motor vehicle to which Section 601.051 applies, the
operator shall on request provide to a peace officer evidence of financial
responsibility;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. The Corpus Christi Police Department is hereby authorized to
adopt a city -wide policy for towing motor vehicles when the owner or operator of
the vehicle either fails to maintain, or cannot present proof of, financial
responsibility required by the State under Section 601.051 of Texas
Transportation Code.
ATTEST:
rm ndo Chaps
City Secretary
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Approved as to form 4/0....-44,- ., 2007
Joseph Ham y
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
of
- .# 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
9
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 13 2007
AGENDA ITEM: Motion approving the allocation of $54,800 from the Hotel
Occupancy
Tax Fund and $39,604 from the General Fund to fund grant contracts with thirteen
(13) arts
and cultural organizations for a total of eighteen (18) arts ro'ects. Fundin was auth . projects. authorized
in the FY 2007 -2008 budget.
ISSUE: Funds are annually allocated for Arts and Cultural subgrant awards. The Arts
and Cultural Commission makes recommendations for allocation of those funds and
refers their recommendation to City Council. The Commission performed a rigorous
examination of the grant submissions and awarded scores based on the proposals. The
Arts Grant guidelines require City Council approval of all subgrant awards.
REQUIRED COUNCIL ACTION: Allocation of the Arts Projects funding and the
awarding of the art subgrant allocations to the arts organization must be approved by
the City Council.
PREVIOUS COUNCIL ACTION: On May 8, 2007, the City � Council a pproved funding of
23 subgrant projects to 16 arts and cultural organizations. The total amount funded was
$107, 292.
Board/Commission Action: The Arts and Cultural Commission approved the subgrant
recommendations at their September 13, 200 7, meeting.
FUNDING: The total recommended allocation of $94,404 is to be funded from the FY
2007 -2008 budget authorization for arts in the Hotel Occupancy Tax fund 530000-000000) and the General fund (1020-13825-530000-000000).
CONCLUSION AND RECOMMENDATION: It is recommended that the motion be
approved for the allocation of $54,800 from the Hotel Occupancy Tax fund 1030 -
13815-530000) and $39,604 from the General fund (1020-13825-530000) to fund a
total of 13 arts and cultural organizations. Funding has been authorized for the FY 07-
0 budget.
Sally Gavlil , Director
Parks and Recreation Department
Attachments: Background Information
2008 Su rant Awards Sheet
BACKGROUND INFORMATION
Annually, the city Council includes funding in the operating budget for support to
various non - profit arts programs in the City. The Arts and Cultural Commission
(formerly the Municipal Arts Commission) solicits grant requests from local
organizations and then makes its recommendation of funding to the City Council, The
recommendation for FY 07-08 is based on a two -part evaluation of grant applications
by
the Arts and Cultural Commission members as a whole and the Subgrant Committee, a
standing committee of the Arts and Cultural Commission. The recommendations are
based on artistic merit, community needs, impact on tourism, the applying
organization's ability to match the grant (50% of the total project award), and how ►ell
the artistic production will be marketed.
A project selection procedure, the Arts Subgrant Guidelines, was developed in 1986,
modeled after the Texas Commission on the Arts Peer Panel Review and has been
updated regularly ever since. The process uses a worksheet rating s tem that
addresses specific questions on the quality of each grant request. The Subgrant
Committee has, over the years, continued to improve the funding application packet.
The final recommendation is adjusted mathematically to the amount of funds available.
Applicants have the option of applying for up to two (2) projects, for a g rant total per
organization of $10,000. This year, eighteen (18) project grant requests totaling
$121,905 were received. The Arts and Cultural Commission is recommending that the
eighteen (1 8) project grants requests from thirteen (13) arts and cultural organizations
be funded as scored.
The Arts Subgrant Guidelines define a process that provides an organization, that has
submitted an acceptable proposal, with two (2) opportunities to appeal their
recommended level of funding; first with the Arts and Cultural Commission and then
with the city Council. This year there were no appeals made to the Arts and Cultural
Commission.
The total allocation recommended by the Arts and Cultural Commission to the arts
organizations is $94,404 for art subgrants.
1
1
Arts Group /Organization
1. Alcorta's Ballet
Alorta's Ballet
2, Bayfest Arts Festival
3. Cathedral Concerts
4. School for the Arts
School for the Arts
5. Chamber Music So.
6. CCCon ert all t
CCCon ert allet
7. Intl. Competition
8. CCSymphony So c.
9. TAMU Perf. Arts
TAMU-Weil Gallery
O. C. C. Chorale
1, C.C. Ballet
12. Fighting to Rid Gangs
13. K -Space
K -S ace
2008 Subgrant Awards
Project
Subgrant Award
HOT GF
a l o he Inolvidable
b) Spring Break special
Children's Art Tent
2007 Concert Series
a)Mime and Movement
b)Chamber Music loon shop
2007 Series
a)Bailando al airs fibre
b) Spring Gala
Intl Piano & String Competition
Return of the Prodigy
a) Ferguson Bravo! Series
b)Oso Bay Biennial
Brahms
Swan Lake
Ritmo Y Sabor
a Billy Colbert
b G ra tt i Project
$3300
$7800
$8300
$4200
$7400
$8504
$2960
$4740
$7600
$3600
$3600
$3700
$1825
$4200
$8100
$7000
$4Q7'!
$3508
Total 530000-1030-13815 Arts Grants /Projects (HOT funding) $54,800
530000 - 1020 -13825 Arts Subgranting (General Funds) $39,604
Grand Total: $94,404.00
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: , N v mber 13, 2007
AGENDA ITEM:
Item A: Resolution authorizing the City Manager or designee to accept a $724,026 grant
awarded by the Area Agency on Aging of the Coastal Bend for the FY 2007 Senior Community
Services, Elderly Nutrition Program in the No. 1067 Parks and Recreation Grants Fund; and
declaring an emergency.
Item B: Ordinance appropriating a $724,026 grant from the Area enc Aging of
g on g g
the Coastal Bend for the FY 2007 Senior Community Services, Elderly Nutrition
Program in the No.1067 Parks and Recreation grants fund; and declarin g an
emergency.
ISSUE: This grant made available through the Area Agency on Aging of the Coastal Bend
provides funding for the continuation of the Senior Community Services, Elderly Nutrition
Program. This funding includes an FY 06 carryover capital equipment and additional meals
award issued August 31, 2007. The fund authorization will be for the period October 1, 2006
through September 30, 2007.
REQUIRED COUNCIL ACTION; Council authorization is required to accept and appropriate
Federal grant funds from the Area Agency on Aging of the Coastal Bend to fund the Elderly
Nutrition Program from October 1, 2006 through September 30, 2007.
PREVIOUS COUNCIL ACTION: City Council accepts and appropriates Federal funds from the
Area Agency on Aging of the Coastal Bend for continuation of the Senior Community Services,
Elderly Nutrition Program on an annual basis.
FUNDING: in Area Agency on Aging of the Coastal Bend is issuing grant in the amount of
g a g
$724,026 n Federal funds to the City of Corpus Christi. This includes 8�
� 223 for the
continuation of the Senior Community Services Elderly Nutrition Program from October 1, 2006
through September 30, 2007 and 40,803 in FY 06 Carryover funds.
CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and
appropriate funds from the Area Agency on Aging of the Coastal Bend.
-12-4FL-frOk
dally Gavlik, Director
Parks and Recreation Department
Attachments: Background Information
BACKGROUND INFORMATION
The City receives grant funding for the Senior Community Program r ram throw h federal
and state grants that must be appropriated each year. These projects include the Retired
Senior Volunteer Program, Senior Companion Program, the Title XX Meals on Wheels
Program and the Elderly Nutrition Program.
The Elderly Nutrition Program coordinates the congregate and home delivered meals
operations to provide a fully prepared, well - balanced meal to senior center members and
homebound and/or disabled persons throughout the City. The meals are prepared in the
Nutrition Education and Service Center located at the Del Mar College West Campus. Last
fiscal year (October 2005 -- September 2006) we served 123,630 congregate meals; 89,238
home delivered meals and 1 ,23125 hours of Benefits Counseling service units. Benefits
Counseling is a service provided by Certified Benefits Counselors (Senior Center Supervisors)
to increase access to public benefits and community resources through assessments and
provide information and referral assistance for older adults and caregivers.
Senior center operations offer a comprehensive lifestyle enhancement component which
includes assessment; recreation leisure activities; health and wellness programs; nutrition
education; advocacy; health education; community education; referrals; emergency
transportation and escort; special interest classes and special events.
NOTIFICATION OF FUNDS AVAILABLE
AREA AGENCY ON AGING OF THE COASTAL BEND
POST OFFICE BOX 9908
CORPUS CHRISTI, TEXAS 78469
SUBCONTRACTOR: Date: August 31, 2007
Ills. Elsa Munoz
City of Corpus Christi
Senior Community Services
Post Office Box 9277
Corpus Christi, Texas 78469
CONTRACT PERIOD: 10/0 1 /2006 - 09/30/2007 a
CONTRACT NUMBER: AA3 -07484
AWARD ISSUANCE NUMBER: 5
This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend
Council of Governments — Area Agency on Aging for the period October 1, 2006 through September
30, 2007. The funds awarded under this addendum are for the above period in the amount(s) shown
below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for
services provided in accordance with all requirements set forth in the referenced contract. The
Subcontractor certifies upon request for • any funds awarded under this addendum that the
Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded
from participation in this contract by any federal department or agency or by the State of Texas.
PROGRAM
7
Frior Contract
Award -
T —
FY06
Carryover
Award Capital
Equipment (1)
--
F 06
Carryover
Award
Additional
Meals
FYO7
Cumulative
Award
CONGREGATE
MEALS
** III.c 1f SG �SI
3
$340,663
$ 15,027
,.
' $ 10,749-
$366,439
ROME DELIVERED
MEALS III
$305,848
$ 15,027
$ - 0 -
.
$320,875
SUPPORTIVE
SERVICES III-13
$36,712
$ - -
$ - 0 -
$36,712
TOTAL AWARD
$683,223
S 30,054
+�
I ,
$724,026
This award represents the funds awarded for 'Capital Eq ipm n '; refer to Attachment 4 for
equipment details.
(2) This award represents funds awarded for 'Additional Meals : These funds offset local funds
that will be used to purchase food related supplies minor equipment refer to Attachment A for
details of additional meals.
n P. Buckner, Executive Director
oastal Bend Council of Governments
C %ON U- Otw• Ud.# �a.w 1s w4..1 *111 *VUF1.04#42Q0NNSm c..vcocc CO.A 31 4#c
cc: City of CC, Grants Depi.
Alin; Marta Benavidez
Post Office Box 9277
Corpus Christi, TX 78469
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Subcontractor Service Purchase . Prlo it Costs Match .: ry
Portion Re oast _ i '.,.: ,rti .aw... 000 u�+c '
Alvey Washing Eqpt.
4 it of Corpus Christi Congregate & Home Packa'e Priority. #1 542,57 12,523, 530.054 530,05
Delivered I�Aesls - -_ -' - - - - -- - 530,054
MEM- - - Cl Meals Cl Meals
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Delivered Meals
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s
Page lof 4
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
ACCEPT A $724,026 GRANT AWARDED BY THE AREA
AGENCY ON AGING OF THE COASTAL BEND FOR THE FY-
2007 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION
PROGRAM IN THE NO. 1067 PARKS AND RECREATION
GRANTS FUND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the city Manager or designee is authorized to accept a
$724,026 grant awarded by the Area Agency on Aging of the Coastal Bend for
the FY-2007 Senior Community Services, Elderly Nutrition Program in the No.
1067 Parks and Recreation Grants Fund.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED AS TO FORM: October 24, 2007
Lisa Agll
Assistant City Attorney
For the city Attorney
H:1LE -DIF ILIs \ esolutlon 20071Res-AuthGrant-SeniorCommunity.doc
Page 2 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hmell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1LE -DIF \Lisa \F esolutU n 2007‘Res-AuthGrant-SeniorCommunIty.doc
Page 1 of 2
AN ORDINANCE
APPROPRIATING A $724,026 GRANT FROM THE AREA AGENCY ON
AGING OF THE COASTAL BEND FOR THE FY 2007 SENIOR
COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM! IN THE
NO. 1067 PARKS AND RECREATION GRANTS FUND; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED Y THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $724,026 is appropriated from the Area Agency on Aging of the
Coastal Bend for the FY 2007 Senior Community Services, Elderly Nutrition Program in
the No. 1067 Parks and Recreation Grants Fund.
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 rote 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 day of , 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: October 24, 2007
By:
Lisa Aglla
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H.ILE -DI \Lisa \ordinan OO \ RD- Approp= r nt- enfor Community.doc
Page 2 of 2
Corpus Christi, Texas
- Day of , 2007
TO THE MEMBERS S F 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: Uwe, 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,
ectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1LE -DI \Li alordinanoe 0071 [ R pprop- Grant - Senior Community.doc
11
C1TV COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
November 13, 2007
A. Motion authorizing the City Manager or his designee to extend the software maintenance
agreement for twelve 12 months with Infosol, Inc. of Bellaire, Texas in an amount not to exceed
$54,52542. Included in this maintenance agreement is the support for the CourtHouse software
currently being utilized by the Municipal Court. The maintenance agreement provides for software
and technical environment support, including any necessary upgrades as they become available.
This vendor qualifies as sole source.
B. Motion authorizing the City Manager or his designee to approve purchase of continued annual
maintenance costs from Infosol, Inc. of Bellaire, Texas for software and hardware for the
CourtHouse software subject to annual appropriation of funds based on sole source.
ISSUE: Software must be maintained to allow for upgrades, improvements and to ensure that it
stays compatible with other systems. Infosol, Inc. provided a quote for support and maintenance of
CourtHouse from January 1, 2008 through December 31, 2008 Infosol, Inc. is the only vendor
providing this service for CourtHouse software and qualifies as sole provider.
REQUIRED UIF ED Co 1 CIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: During March 1998, City Council authorized the purchase of
Court House software, with a five year maintenance agreement, from CSI. CSI later announced that
they would no longer support the product after June 30, 2006 and during December 2004 City
Council authorized a change in vendor to Infosol for support and continuity of the software. On
December 13, 2005 Council extended the maintenance agreement with Infosol. On January 23,
2007 Council extended the maintenance agreement with Infosol.
FUNDING:
Amount Budgeted
Source of Funds
114,525.42
5210 -40495- 530230
CONCLUSION AND RECOMMENDATION:
N:
Staff recommends approval of the motion as presented.
e-- 0 iAii-v-
Connie Burns
Interim Director of MIS
Attachments:
• Exhibit A — Software Maintenance Agreement
• Schedule A -- Software and Fees
• Schedule B — Standard Support Charges
• Schedule C — Definitions and examples ples of covered and non - covered support terms
• Addendum "A" - Test Environment
• Exhibit B — =Sole Source Letter
• Exhibit C — Infosol Invoice 20071003-01
BETWEEN:
SOFTWARE MAINTENANCE ANCE AGREEMENT
City of Corpus Christi
1201 Leopard St.
Corpus Christi, Texas 78401
(Hereinafter referred to as "LICENSEE")
And
INF S L, INC.
Two Allen Center
1200 Smith 16th Floor
Houston, Texas 77002
(Hereinafter referred to as "LICENSOR")
TERM: 1 -01 -2008 to 12-31-2008
WHEREAS, LICENSOR has licensed to LICENSEE the software as specified in Schedule A and the LICENSEE
wishes to have LICENSOR perform software maintenance services on the licensed software pursuant to the
following terms:
I. DEFINITIONS
A. Software. The term "Software" shall mean the computer programs in object code and source code and
documentation including any corrections, bug fixes, enhancements, updates or other modifications,
including custom modifications, to such computer programs and documentation for those products listed
in Schedule A of this agreement.
B. y t m. The term "System" shall mean all Software, maintenance, equipment, system or database
management software, and other services provided by LICENSOR under the terms and conditions of the
Software License Agreement.
C. Normal l Business Hours. Normal Business Hours for LICENSOR for purposes of this agreement are:
Monday through Friday
8 :00 am- 5 :00p.m. CST
Excluding LICENSOR's holidays:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
(If a scheduled holiday falls on a weekend, it will be taken on either the previous Friday or
subsequent Monday.)
D. Critical incident. A problem or error has occurred that has caused the software or a major portion of the
software to be inoperable.
1
E. Priority incident. A problem or error has occurred that does not prevent use of the product, but affects
LICENSEE's ability to conduct business. A workaround may exist, but is cumbersome or time
consuming.
F. Non - priority incident. A minor problem which may be cosmetic or may affect usability, but for which
there is an easy workaround.
II. SCOPE OF WORK
A. This agreement covers at no additional cost to LICENSEE ::
1. Reasonable amounts of consultation by telephone to LICENSEE'S designated contact for questions
concerning operation of software. LICENSEE'S designated contact must have attended
LICENSOR'S training classes for the supported product(s). LICENSOR agrees to train up to six
employees of the LICENSEE'S as part of this initial agreement. Once those six have been trained
additional fees will be accessed accordingly as outlined in Schedule B of this document to be paid by
the LICENSSEE.
2. Fixes for any errors or inconsistencies in the software, or failures of the software to perform in
accordance with the License Agreement or software manuals notified to LICENSOR by LICENSEE
during the term of this agreement. LICENSEE shall assist LICENSOR in identifying the
circumstances in which such errors or inconsistencies were discovered and in providing documentary
evidence of the same.
3. New releases to existing software and related documentation. One major release annually and other
releases as required due to changes in State and Federal requirements and/or software error
correction.
B. Items not covered under this agreement will be billed per LICENSOR's standard support charges.
LICENSOR will notify LICENSEE when a request for assistance is not covered under this agreement and
will be billable and will receive approval from LICENSEE before the services are performed. This
agreement does not cover:
1. Programming for customized development or modifications requested by LICENSEE.
2. Operational problems with products not covered by this agreement.
3. Errors caused by customer misuse of the software.
4. Recovery assistance necessary due to negligence of LICENSEE or Acts of God.
5. Installation expense for system enhancements.
6. Continuing education and training.
7. Non - critical support calls initiated outside of normal business hours.
8. Installation, maintenance, and training of hardware, operating systems, databases, and third party
software.
C. Customization
I. LICENSEE shall submit a written request for any custom work.
2. LICENSOR will review the custom work requests and present LICENSEE with a written definition
of customizing to be performed, a time schedule and a price quote.
3. LICENSOR will begin work only after receiving written confirmation by LICENSEE.
2
III. PROCEDURES
A. Telecommunications. LICENSEE shall install and have operational at the time of software installation
and during the term of this agreement a PPP connection, or VPN, or a 56k modem and dial -up telephone
line along with the required third -party software for LICENSOR'S use in diagnosing reported incidents.
Long distance charges will be reviewed annually and if they exceed 15% of the annual support fee for that
year an adjustment may be made to next year's annual support fee.
B. Diagnosis and response. LICENSOR will provide problem diagnosis for incidents reported by
LICENSEE and will supply program fixes or solutions in a timely manner consistent with the urgency of
the problem. LICENSEE will send written documentation of the problem including its priority to
LICENSOR.
L Critical Incidents. LICENSOR will respond immediately to diagnose the problem. LICENSOR will
work diligently with LICENSEE to correct the problem as soon as possible.
2. Priority Incidents. Licensor will respond within two hour of notification by LICENSEE to
diagnose the problem. Within forty -eight (48) hours, LICENSOR will either provide a solution to
the problem or mutually agree with LICENSEE upon a schedule for implementation of a solution.
3. Non - Priority Incidents. LICENSOR will respond within twenty -four hours. LICENSOR will
provide a solution to the problem in the next release of the software.
4. LICENSOR and LICENSEE may agree that problem investigation would be better conducted at
LICENSEE'S location. In the event that LICENSOR'S personnel travel to LICENSEE'S location,
LICENSEE will pay LICENSOR for travel and subsistence expenses. If LICENSOR, in its
reasonable judgment, determines that a suspected error condition was attributable to a cause other
than an error in the Software, then Licensee will pay for LICENSOR'S efforts on a time and
materials basis.
C. Escalation Process. If a problem is not addressed in a timely manner, LICENSEE may escalate the
support process by contacting the Customer Support Manager, then the Vice President of Professional
Services, and then the President.
I. TERM AND TERMINATION
a. Term. The term of this agreement shall commence on 1-01-2008 and shall continue until
12 -31 -2008. Subsequent terms will be for a period of one year, after which either party on
thirty (30) days prior written notice may terminate this agreement. LICENSOR retains the
right to increase annual maintenance fees at the beginning of each subsequent term. Should
LICENSOR elect to increase annual maintenance fees, LICENSOR will give notice of such
increase to LICENSEE thirty (3 0) days prior to the commencement of the subsequent term.
b. Renewal. This agreement may be renewed for successive, one -year terms upon the terms
and conditions stated herein. At each subsequent renewal, the annual fee shall not increase
more than 15% greater than the then current maintenance fee charged by LICENSOR to
LICENSEE.
c. Termination. Either party may terminate this agreement in the event of default by the other
party. In the event of termination by LICENSOR or default by LICENSOR, fees paid by
LICENSEE for any period after the termination date shall be refunded by LICENSOR. In
the event of termination by LICENSEE or default by LICENSEE, any maintenance fees up
to the termination date shall become due and payable and fees previously paid shall not be
refundable.
3
V. PAYMENT
LICENSEE shall pay to LICENSOR the annual maintenance fee designated for each product listed in
Schedule A. Subsequent annual fees will be payable in advance. If the annual support fee is not paid
within 90 days of the invoice date, this Software Maintenance Agreement shall be void. A reinstatement
penalty of % of the invoice amount shall be assessed in addition to the regular fee and must be paid in
advance in order to reinstate the agreement.
VI. TITLE
Any changes, additions or enhancements in the form of new or partial programs or documentation as may
be provided under this agreement shall remain the property of LICENSOR, are proprietary to LICENSOR
and title thereto remains with LICENSOR.
VII. GENERAL PROVISIONS
A. Assignment. Neither LICENSEE nor LICENSOR shall assign or otherwise transfer any right of interest in
this Agreement, in the Software, or any components of the Software, and expressly including, without
limitation, the source code, in whole or in part, to anyone, including any parent, subsidiaries, affiliated
entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger,
consolidation or reorganization, including by operation of law, without the other party's prior written
consent.
B. Entire cement. This document and its incorporated documents embodies the complete agreement of
the parties hereto superseding all oral or written previous and contemporary agreements between the
parties relating to matters herein and, except as otherwise provided herein, cannot be modified without
written agreement of the parties.
C. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
I. Governing i; Venue. This Agreement and all of the transactions contemplated herein shall be
governed by and construed in accordance with the laws of the State of Texas. The provisions and
obligations of this Agreement are performable in Nueces County, Texas such that exclusive venue for any
action arising out of this Agreement shall be in Nueces County, Texas.
E. Headings. The headings of this Agreement are for the convenience of reference only and shall not affect
in any manner any of the terms and conditions hereof.
F. Notices. All notices given hereunder will be sent registered, certified, or overnight delivery, addressed to
the other party at the address shown in the first paragraph of this Agreement or other such address as
either party may specify in writing.
G. Insurance. LICENSOR shall at Licensor's own expense, procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder by LICENSOR, its agents, representatives,
employees or subcontractors.
H. Force Majeure. Neither party shall be in default nor otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises by any reason beyond its reasonable
control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires,
epidemics, or riots. The parties will promptly inform and consult with each other as to any of the above
causes, which in their judgment may or could be the cause of a delay in the performance of this
Agreement.
I. Insurance. Licensor agrees to comply with the attached insurance requirements.
4
VIII. UPGRADES
LICENSEE will be given proper and timely written notice addressing upgrade issues. The LICSENSEE
will have 30 days to reply to such notice. After 30 days, LICENSOR will allow the LICENSEE 120
more days to install the upgraded software. The LICENSEE is required to stay current on LIEN R' S
latest release of the Software. If LICENSEE chooses not to upgrade, then LICENSOR will have no other
choice but to discontinue maintenance on Licensee's software. In order for the LICENSOR to provide
the "best" and "least expensive" support to all our LICENSEES, then LICENSOR requires that all
LICENSEES stay current with our software. LICENSOR shall provide upgrades at no additional cost to
LICENSEE. Should LICENSEE choose not to utilize the upgrade, LICENSOR shall refund pro rata
share of the annual maintenance fee.
5
IN WITNESS WHEREOF, the parties have caused this Agreement, which shall insure to the benefit of and be
binding upon the successors of the respective parties, for the term specified and any subsequent renewals.
By:
INFOSOL, CITY OF CORPUS CHRISTI
Si
ture
Name
Title
Date: 1 -.. • Z 2- -
By: __
SipSignature
Name
Title
Date:
Approved to ion:
.a Aguilar
Assistant City A • rney
For City Attorney
6
SCHEDULE A - SOFTWARE AND FEES
Product Annual Maintenance Fee
Year three Annual Support for
COURTHOUSE
CORPUS CHRISTI MUNICIPAL COURT
54,525.42
7
SCHEDULE B - STANDARD S 1 CHARGES
1. Support from INFOSOL Office:
A. Custom Programming Requests
13.
C.
D.
E.
Database Performance Evaluation
Database Administration Services
Hardware Support Services
Other Services Not Covered by Maintenance Agreement
2. On-Site Support:
A. On-Site Customer will be billed:
B. Required parts and Material
C. All reasonable travel related expenses as described:
• Travel by automobile from the time a Infosol
technician leaves Infosol office until he /she returns
• Travel time
• Required air fare and car rental paid by Customer
• If an overnight stay is required, reasonable lodging and meals
are paid by Customer Actual Expense
3. Communications i.e. long distance and modem)
charges pertaining to support
4. Continuing Education and Training
at LICENSEE'S facility Plus travel related expenses
5175.00 per hour
$400.00
$175.00 per hour
$175.00 per hour
$175.00 per hour
$200.00 per hour
Actual Expense
Per Standard IRS Rate
$50.00 per hour
Actual Expense
5. Invoice payment terms are NET 30 DAYS.
*A11 the above pricing is subject to change with 30 days prior notice.
Actual Expense
$1,000.00 per day
8
SCHEDULE C - DEFINITIONS AND EXAMPLES OF COVERED AND
NON- COVERED SUPPORT TERMS
Covered Items:
1. What is "Reasonable amounts of consultation by telephone :"
A. Reasonable amounts of consultation is defined as the practical amount of time necessary to assist a fully
staffed court and application trained person in resolving operational questions concerning the software.
Such questions may consist of:
(1) How do f run a particular function within the program and how often?
(2) Where do 1 find a particular function within the program?
What data elements are required in a specific area of the program?
. Telephone guidance for untrained employees will not be provided under this agreement.
2. Infosol Operational Enhancements which are covered:
A. An operational enhancement is a change to a current feature of the software making the feature easier to
use. It could have expanded capabilities, improved audit trails, stronger user control, or all of the above. An
example includes:
1 Covered enhancement would include any enhancement request, which is approved by the Infosol
enhancement committee as a valuable addition to the software package for all or a majority of the
clients.
3. State Required Enhancements:
A. The State mandated a new report, a change to an old report, or the capture and maintenance of new data
elements. An example includes:
(1) State requiring the collection of administrative and education cost for law enforcement officers.
4. New Features or modules purchased by LICENSEE from LICENSOR which were not original part of the base system and
presently incorporated in this agreement, may incur an additional maintenance fee but will be included under this
maintenance agreement once purchased.
Not Covered Items:
1. Long Distance Telephone Charges and Long Distance Modem Charges for items not covered by this maintenance
agreement with be charged at actual expense.
2. Customized Programming:
A. Custom programming is performed at the request of the Customer for changes to a current program or the
development of a new or additional program. Examples include:
1 The software provides a standard data entry screen. The customer requests a modification to this
screen.
(2) Customer requests defendant's driver's license number be included on the cash list.
3. This Product under Another Hardware and/or Software Platform:
A. Infosol Software and third party products must be compatible with the operating system and hardware for
which the software is designed. Examples include:
(1) Customer operates a single user DOS version of Infosol software, WordPerfect and Informix.
Customer desires to upgrade to a multi -user environment. This upgrade requires the purchase
of the multi -user version of the operating system, Infosol Software, WordPerfect and Informix.
4. Interfacing To Peripherals Such As Personal Computers, Terminals, Printers, Modems, etc. :
A. Interfacing to peripherals requires both hardware and software communication. The peripheral must be
physically connected to the computer. The operating system must be configured to support the peripheral.
9
5. Operational Problems With Products Not Covered By "A Support Agreement ":
A. The Infosol Software Maintenance Contract is solely for the support and maintenance of Infosol
software and DOES NOT include the support or maintenance of other (customer owned) software or
hardware products.
6. Errors Related to User Misapplication:
A. Erroneous erasure of data or programs and/or misapplication of data. An example is:
(1) Erasing data in error or a wrong date on a large number of records requires Infosol to write a routine to
recover or correct the information.
7. Recovery Assistance:
A. Restoring the system to a useable state. An example is:
(1) The hard drive on the computer is damaged during relocation and/or an Act of God, requiring Infosol to
restore programs and/or data to a repaired/replaced hard drive.
8. Continuing Education and Training:
A. Education and training of operational and/or state enhancements, the purchase of additional modules, the
purchase of a new release or product capability. Examples include:
(1) Enhancements to the original version purchase.
Addition of a module not purchased at the time of sale.
(3) New employees or additional users.
9. Installation of Enhancements:
A. Installations of enhancements whether operational or state required are provided by electronic media. These
software changes must be loaded to the Customer's computer before operation of the enhanced program by
the user. In loading the software changes, alterations to the database that stores user information may be
required. If so, the Customer's current database must be converted to the altered format before operation of
the enhanced program. The complexity of alterations and/or enhancements may require additional training.
10
ADDENDUM "A"
TEST ENVIRONMENT:
Infosol will provide installation of software into a test environment prior to installation into production for a test
period to be determined by agreement between licensee and licensor.
Standards for the test environment will duplicate production environment standards and will be used for testing and
validation of the software prior to installation onto the production envirorn ent.
11
INSURANCE REQUIREMENTS
LI ENS R'S INSURANCE
A. Licensor must not commence work under this agreement until all insurance required herein have
been obtained and the City has approved such insurance. Licensor must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has been
Obtained.
8. Licensor must furnish to the City's Risk Manager, two copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice
30 -Day written notice of cancellation, non - renewal, Bodily Injury and Property Damage
termination. or material change and 10 day written Per occurrence aggregate
notice of cancellation is re • uired on all certificates
COMMERCIAL GENERAL LIABILITY including: 1 $500,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury
AUTOMOBILE LIABILITY
1. OWNED, NON-OWNED or RENTED 1 $1,000,000 COMBINED SINGLE LIMIT
WORKERS COMPENSATION
EMPLOYERS LIAR ILITY
PROFESSIONAL LIABILITY including:
Coverage provided must cover officers,
employees and agents
1. ERRORS and OMISSIONS
Which complies with the Texas Workers'
Compensation Act and Section Ii of this exhibit
$500,000/$500,000/$500,000
$500,000 COMBINED SINGLE LIMIT
directors, (Defense costs not included in face value of the policy)
In the event of accidents of any kind, Licensor must furnish the Risk Manager with copies of all
reports of any accident within 10 ten days if any accident.
ADDITIONAL REQUIREMENTS
A. Licensor must obtain workers' compensation coverage through a licensed
insurance company obtained in accordance with Texas law. The contract for
coverage must be written on a policy and endorsements approved by the Texas
Department of Insurance. The coverage provided must be sufficient to assure
that all workers' compensation obligation incurred by the Contractor will be
promptly met.
B. Certificate of Insurance:
12
The City of Corpus Christi must be named as an additional insured on the General
Liability policy and a blanket waiver of subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to ", and deleting the wording after "left ".
The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice of cancellation, non-renewal, termination or
material change and a 1 -day written notice of cancellation for non - payment is required.
B. If the Certificate of Insurance does not show on its face the existence of the coverage
required by items 1.B (1)-(6), an authorized representative of the insurance company
must include a letter specifically stating whether items 1.B. . 1 - are included or
excluded.
13
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12
CITY COUNCIL
AGENDA MEMORANDUM
November 13, 2007
AGENDA ITEM: Ordinance abandoning and vacating an 8,978- square foot portion of a
10 -foot wide utility easement out of Lots 2-9, Hatch Commercial Sites, located north of and
adjacent to the Leopard Street public right-of-way; requiring the owner, Longhorn Transfer
and storage, LTD, to comply with the specified conditions; and declaring an emergency.
ISSUE: The closure is being requested in order to utilize all of the property and allow for
the future construction and development over said easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the approval
of building permit and construction, an up -to -date survey, abstracted for all easements and
items of record, must be submitted to the Assistant City Manager of Development Services.
These requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: staff recommends approval of the ordinance as presented on an
emergency basis.
geA'
Bob Nix, AICP
ACM of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Longhorn Transfer and Storage, LTD, ("Owners"), are requesting the abandonment and
vacating of an 8,978- square foot portion of a 10-foot wide utility easement out of Lots 2 -9,
Hatch Commercial Sites, which is located north of and adjacent to the Leopard Street
public right -of -way. The easement to be abandoned and vacated is located in a 1 `2" Light
Industrial District.
The abandonment and vacating of the utility easement is being requested by the owner to
accommodate the future construction and development of the property within the area
occupied by the existing easement.
All public and franchised utilities were contacted. None of the city departments and
franchised utility companies had any objections with the portion of utility easement to be
abandoned.
Staff recommends payment of the fair market value of $1,135.00 within 30 days of the
adoption of this easement closure ordinance, on a one -tiime py ment basis, for the
abandonment and vacating of an 8,978- square foot portion of a 1O foot wide utility
easement. The owner has been advised of and concurs with the conditions of the
easement abandonment and vacation.
EXHIBIT A
Pagel of 3
AN ORDINANCE
ABANDONING AND VACATING AN 8,978-SQUARE E FOOT PORTION
OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 2-9, HATCH
COMMERCIAL CIAL SITES, LOCATED NORTH OF AND ADJACENT TO
THE LEOPARD STREET PUBLIC RIGHT-OF-WAY; REQUIRING THE
OWNER, LONGHORN TRANSFER & STORAGE, LTD., TO COMPLY
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, Longhorn Transfer & Storage, LTD., ( "owner" is requesting the
��I1H
abandonment and vacating of a 8,978- square foot portion of a 10-foot wide utility
easement out of Lots 2 -9a Hatch Commercial Sites, located north of and adjacent to the
ar Street public right-of-way. The easement to be abandoned and vacated is
Leopard
located in a "1 -2" Light Industrial District; 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 utility easement, subject to the
provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That 8,978-square uar foot portion of a 10-foot wide utility easement out of
Lots 2-9, Hatch Commercial Sites, located north of and adjacent to the Leopard Street
public right-of-way, as recorded in Volume 17, Page 50, of the Map Records of Nueces
es
County, Texas, is abandoned and vacated, subject to Owner's compliance with the
conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Owner must pay the fair market value of $1,135.00 within 30 days of the adoption
of this easement closure ordinance, on a one - time payment basis, for the
abandonment and vacation of the total 81978- square foot portion of the 10 -foot
wide utility easement.
2) Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval.
approval from Council and issuance of the ordinance, all grants of
3 Upon p
easement closures must be recorded at owners expense in the real property
Map Records of Nueces County, Texas, in which the property is located. Prior to
i approval of construction, an up -to -date survey, abstracted for all
permit
easements and items Building of record, must be submitted to the Director of
Development Services.
HALE -Dl l hared\ arvMagenda1 007 1 -1 1O D- abandon -ve ate tiiEa rr tiara -Lon hornTransf tg.do
Page 2 of 3
SECTION 3. 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
ry
and suspends the Charter rule that requires consideration of and voting upon
regular meetings so that this ordinance is passed and shall take
ordinances at two red
effect upor, first reading as an emergency this the 13 th day of November, mber, Zoo .
ATTEST: ST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: l emb r 7, 2007.
Ga Smith
t
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
�. ► rumcv .,—nr- I.T..C‘mr 1e ni9nC i 1 -1 1 D- abandon - ra t ltilEa meat- L.onghornTrar sf .do
Page 3 of 3
Corpus Christi, Texas
Bay of , 2007
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 rd' nar� es at two regular meetings: lire, therefore, request that you
ordinances
said pass this ordinance finally on the date it is introduced, or
suspend said �rter rule and
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
Melody Cooper
Larry Eli and , Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
ine
Michael McCutchon
1-1.‘1 flIP\ h2rpri\C ry \2Oenda\ Oo7\l 1 -13 \o L - abandon - rooate tiiE ernent- ,onghornTran f tg.doo
ampsnev Rd
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LQCATIQN ASAP
SCALE: 11111000.
-;.:.
osre,57...;+%
oint ofUeinif
PROPOSED 10' UTILITY EASEMENT
TO BE CLOSED (8,978 Sq. ft.)
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0.21 ACRES
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8
PROPOSED EASEMENT CLOSURE
LOTS 2 -9. HATCH COMMERICAL SITES
a,p,.,d b,. LONGHORN TRANSFER & STORAGE, LTD—OWNER
Bass & Welsh Engineering
3054 So. Alameda St
Corpus Christi, Tx. 78404
(381) 582-5521 (phone)
(361) 862 --1265 (fox)
26 o: 07020
Scalit AS SHOW4
Datec 8-07
Orrnrihg —CLDSE
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Most st 7 of I
EXHIBIT C
13
AGENDA MEMORANDUM
October 16, 2007
SUBJECT: Whataburger Field - Right Field Party Deck — Project No. 4350
AGENDA ITEM:
a. Ordinance appropriating $250000.O0 from the Reserved for Capital Repair Work in the
Business and Economic Development Fund 1140 for construction of a Right Field
Party Deck at Whataburger Field; amending FY 2007-08 Annual Budget adopted by
Ordinance No. 027352 to increase appropriations by $250,000.00; and declaring and
emergency.
b. First Reading Ordinance authorizing the City Manager or his designee to execute an
amendment to the Stadium Lease Agreement between the City of Corpus Christi,
Texas and Round Rock Baseball, Inc., and assigned to Corpus Christi Baseball Club,
LP, a Texas limited partnership to authorize the use of Capital Repair Funds for
alterations, additions, and new improvements subject to Lessee paying supplemental
rent to replenish the Capital Repair Fund; providing for publication.
c. Motion authorizing the City Manager or his designee, to execute a Design and
Construction contract with Corpus Christi Baseball Club, LP, of Corpus Christi, Texas
in the amount of $250,000,00 for the construction of a Right Field Party Deck at
Whataburger Field.
FUNDING: Funding is available from the Whataburger Field Capital Repair Reserve. The
funds will be repaid by the Corpus Christi Baseball Club, L.P., in the form of supplemental
Lase payments.
RECOMMENDATION: EI DATION: Approval of the motion as presented.
Angel R.'Escobar, P. E.
Director of Engineering Services
/40/91
ADDITIONAL SUPPORT MATERIAL
Exhibit A.
Exhibit P.
Exhibit C.
Exhibit D.
Exhibit E.
Background I nformation
Lease Summary
Contract Summary
Site Map
Architectural Drawings
H:1HOME\ EVI S \GENNBasebaIi RightFieidPartyDeck\AwdMen o.doc
BACKGROUND INFORMATION
PROJECT DESCRIPTION: The project will result in the construction of a Party Deck at the same
suite level on the right field line. The deck will provide additional seating and be available for lease.
ADDITIONAL INFORMATION: The deck will provide additional lease space for groups and
organizations on a per game lease basis. The deck will provide groups with a level of enhanced
service for special events and other occasions. An architectural schematic of the proposed deck
improvements is attached. See Exhibit B.
The Design Construction Management Agreement allows the Hooks to independently bid and
negotiate the construction of the deck. This is critical to having the deck complete and available for
the beginning of the 2008 season.
The contract with the Hooks for design and construction services to:
• ensure the work is properly design and constructed;
• establishes authorization to expend Capital Repair Funds for the project; and
• protects the City from exposure to any claims that might arise.
LEASE: The lease amendment clarifies that the Capital Repair Fund Reserve can be used for
the construction of such alterations, additions, or construction of new improvements. It also
specifies that
• the funds may be used only when there is an unencumbered balance of
$175000.00 or more; and
• Lessee is obligated to ay a supplemental rent t replenish the account until the
balance equals $250000.00.
See Lease Summary {Exhibit B).
CONTRACT: The contract will be directly between the City and Corpus Christi Baseball Club.
The Hooks will select and contract with the design team, contractor, testing laboratory. Prior to
starting work the Hooks contractor will provide the City with a certificate of insurance, payment
and performance bonds. The City will issue a sales tax .. -exemption farm, review the plans,
conduct periodic inspections and make the final inspection prior t acceptance. See Contract
Summary (Exhibit C).
IMPLEMENTATION SCHEDULE: The project is scheduled to be complete prior to the first home
game of the 2008 season.
H:\H ME\KEVIN \ EN\ Baseball \Rl htFfieldPartyDeck\AwdBkgExhA.doo
FEXHIBFTA J
Page 1 of 1
Exhibit B
Page 1 of_g_l
LEASE AMENDMENT SUMMARY
Article V, Beginning Condition, Alterations and Improvements, Section 5.3
Alterations, is amended to read as follows:
Section 5.3 Alterations. Any subsequent alterations, additions, or construction
of new improvements on or in the Leased Premises must be consistent with the
permitted uses of the Leased Premises as set forth in Section 4.5 and must be
consistent with the then appearance of the Leased Premises and the uses being
made thereof; and must be approved in advance in writing by the City, such
approval not to be unreasonably withheld; provided, however, that Lessee is not
required to obtain the City's prior approval for (a) non - structural remodeling or
installation or removal of I emovables or other trade fixtures and equipment; (b)
temporary improvements or alterations to accommodate particular events; (c)
alterations required to comply with any applicable law or any requirements of the
Sanctioning Association; (d) alterations resulting from restorations or repairs of
existing facilities; or (e) any nonstructural alterations costing less than $100,000,
with respect to any single alteration, or $500,00 in any calendar year with respect
to a series of alterations. Notwithstanding the foregoing, Lessee shall have the
right to construct additional facilities upon the Land so long as the same are
consistent in exterior appearance with the architectural theme of the Baseball
Stadium, Lessee provides the City reasonable evidence of Lessee's ability to pay
for the same, and so long as the same, when completed, will not have reduced
the overall utility of the Baseball Stadium or weakened or impaired the structural
integrity of the Baseball Stadium. For work requiring the City's approval, Lessee
shall submit the plans, specifications and construction drawings to the City with
Lessee's request for approval. Anything to the contrary herein notwithstanding,
no such alterations, additions, or improvements shall cause the facilities within
the Leased Premises to cease to qualify as a {`project" under Section 4A(i) of
Article 5190.6, Texas Revised Civil Statutes. In the event the Capital Repair
Work Account after, accounting for all ,Capital Repair Work_proppsed by Lessee
pursuant to Section 71 1 d , has an unencumbered balance of $175,000 or more,
Lessee with the a royal of the Cit which a. 'royal shall not be unreasonabl
0•
withheld ma
utilize such unencumbered Ca • ital Re • air Work Account funds for
the construction of such alterations, additions, or construction of new
im • rovements. If Lessee so utilizes the Ca ital Re .air Work Account funds the
Lessee shall be obligated to • a the su • • lemental rent as • rovided in Sections
4.3 b and 4.4 b until the Ca • ital Fie • air Work Account has a balance of
$250,0 00 during the initial term and a balance calculated in accordance with
7.11 c below for an renewal o•tion .eriod. Should the su Iemental rent not
.
restore to the Capital Repair Work Account the amount used ,for _the financing of
such alteration addition or construction of new im • rovements within twent -four
24 months of the com•letion of such alteration addition or construction of new
improvements, then, in such event, Lessee shall pay _from_i own funds such
amount necessary to so restore the Capital Repair Work Account within sixty (60)
HANOME‘KEVINS‘GENIBasebalIkRightFieldPartyDecklAwdLeaseSumEAB.doc
da s of notice from the Ci . Addition all and not ithstandin • an • rovision of
this, Lease, in the event ca •ital repairs are required pursuant to Section 7.11 and
funds available in the Capital Rpoir Work Account are not sufficient to perform
the re• aired Ca • Rai e._air_ Mork due to _use of funds in the Capital Repair Work
Account _for the finan in • of alterations additions or construction of new
Lmproverunts under this Sector) then Lessee shall pav, from _its own funds the
cost of the Capital- Feir_Work up-tot-- mount of funds used from the Capital
Repair Work Account for finan in. alterations, additions, or construction of new
ro e n nts up der this Section;
Exhibit B
Page 2 of 2
J"i:1H ME KEVINS\ E \Bas ba1J \RightFieIdPart D k AwdLeasesumExhB . doc
DESIGN AND CONSTRUCTION AGREEMENT SUMMARY
CONSTRUCTION MANAGER'S DUTIES
(1) Construction Manager will retain the services of a firm(s) or individual(s) professionally and fully qualified to act
as the design professional registered or licensed to practice engineering by the State of Texas;
(2) The Construction Manager will select and contract with a qualified general contractor for the Project;
(3) Construction Manager will ensure that all necessary licenses, permits, inspections, or other authorizations
necessary to construct the project are obtained by the contractor and its subcontractors;
Construction Manager has or will secure the expertise, experience, and knowledge as well as the necessary
plant, personnel and financial capability to perform the Design Services and the Work in accordance with the terms
of the Contract;
(5) Prior to the award of a construction contract the Construction Manager will ensure its general contractor has
visited and inspected the Project site and the local conditions under which the Project is to be designed, constructed
and operated, and Construction Manager has performed such tests, if any, as are necessary to determine the
conditions under which the Work will be performed, and Construction Manager accepts the conditions of the Work
site and has taken those conditions into account in entering into the Contract;
(6) Contemporaneous with execution of the construction contract, insurance certificates (Exhibit A) as set forth in
Article 14, and payment bonds (Exhibit B) and performance bonds (Exhibit as set forth in Article 15 shall be
delivered to City.
(7) Construction Manager will pay all fees and expenses due and payable to the consultants, design professionals,
and general contractor.
(8) Construction Manager assumes full responsibility to City for the improper acts and omissions of its
Subcontractors or others employed or retained by Construction Manager in connection with the Project.
CITY'S RESPONSIBILITIES
City will provide funding for the construction of the Project through and from the Capital Repair Work Account
established by Section 7.11 of the Stadium Lease Agreement in a sum not to exceed $250,000.00 payable based
on the percentage of construction completed as evidenced by progress payments to the contractor subject to the
delivery of copies of monthly progress payments certified by signature of an individual professionally and fully
qualified to act as the design professional registered or licensed to practice architecture or engineering in the State
of Texas. Progress payments will not be made more than once per thirty day period.
Exhibit C
Page 1 of 1
Fps : projrct‘counclie ht is ex )4 5p dhrg
LOCATION MAP
NOT To
CORPUS CHRISTI BAY
MAIN ENTRANCE
CITY PROJECT No. 4350
WHATABURGER FIELD -RIGHT FIELD
PARTY DECK
CITY COUNCIL EXII1BIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 10-08-2007
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s Exhibit E-
Page 4 of _4
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
AMENDMENT TO THE STADIUM LEASE AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI, TEXAS AND ROUND ROCK
BASEBALL, INC., AND ASSIGNED TO CORPUS CHRISTI BASEBALL
CLUB, L.P., A TEXAS LIMITED PARTNERSHIP, TO AUTHORIZE THE
USE OF CAPITAL REPAIR FUNDS FOR ALTERATIONS, ADDITIONS,
AND NEW IMPROVEMENTS SUBJECT TO LESSEE PAYING
SUPPLEMENTAL RENT TO REPLENISH ISH THE CAPITAL REPAIR
FUND; PROVIDING IDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to execute an amendment to
the Stadium Lease Agreement between the City of Corpus Christi, Texas and Round
Rock Baseball, Inc., and assigned to Corpus Christi Baseball Club, L.P., a Texas
Limited Partnership, to authorize the use of Capital Repair funds for alterations,
additions, and new improvements, subject to Lessee paying supplemental rent to
replenish the Capital Repair Fund.
SECTION 2. Publication shall be made in the official publication of the City of Corpus
Christi by publishing a description of the lease, including the names of the parties, the
term, payments to the City and purpose of the lease.
H:\LE -DlR\ hared\ ary lagenda1 00 11 O -16\ r'd- B seball tad urrit_easeAgreement.do
Page 2 of 2
That the foregoing ordin ne was read r the in time and passed to its second
reading on this the
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
day of
44-
2007, by the following vote:
Priscilla G. Leal
John E. arez
Nelda Martinez __74:_f___
Michael McCutchon Ant_
That the foregoing ordinance was read for the second time and passed to its final
reading on this the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
PASSED AND APPROVED this the day of , 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: October 10, 2007
)
G ry ' . Smith
Assistant City Attorney
for the City Attorney
Henry Garrett
Mayor
H:\LEG-DIR\Shared\GarySNagenda‘2007\10-1610rd-CCBaseballStadiumLeaseAgreement.doo
AMENDMENT TO STADIUM LEASE AGREEMENT
This Amendment to the Stadium Lease Agreement made and entered into the 24th day of
April, 2004, by and between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a
Texas home rule municipality, and ROUND ROCK BASEBALL, INC. ("Lessee"), and
assigned to CORPUS US CH ISTI BASESBALL CLUB, LP, a Texas Limited Partnership,
is made and entered into this the day of October, 2007;
WITNESSETH:
WHEREAS, City and Lessee desire to amend the terms of the Stadium Lease Agreement
to provide for the means of financing and constructing additional improvements to the
Baseball Stadium;
WHEREAS, City and Lessee desire to maintain in force and effect all other terms of the
Stadium Lease Agreement;
NOW, THEREFORE, in consideration of the covenants and agreements herein contained
to be kept and performed by City and Lessee, the Parties agree to amend the Stadium
Lease Agreement as follows:
Article V, Begi
a "project" under Section 4Ai of Article 5190.6, Texas Revised Civil Statutes. In the
event the Capital Repair Work Account, after accounting for all Capital Repair Work
proposed by Lessee pursuant to Section 7.11(d), has an unencumbered balance of
si 75,000 or more, Lessee, with the approval of the City, which approval shall not be
unreasonably withheld, may utilize such unencumbered Capital Repair Work Account
funds for the construction of such alterations, additions, or construction of new
improvements. If Lessee so utilizes the Capital Repair Work Account funds, the Lessee
shall be obligated to pay the supplemental rent as provided in Sections 43b and 4.4(b)
until the Capital Repair Work Account has a balance of $250,000 during the ini
THE IE CITY:
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
Approved as to legal form October L, 2007
A,
Mary i ay Fr
City - ftomey
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the - day of October, 2007, by
Henry Garrett, Mayor of the City of Corpus Christi, a Texas home rule municipality, on
behalf of the city.
Notary Public, State of Texas
li:LegDirigwsiEng/WhataburgerFieldiAmendmenttoStadiumLease
LESSEE:
ATTEST
STATE OF TEXAS
COUNTY OF NUECES
CORPUS CH 1 BASEBALL CLUB, LP
Rei • Ryan
General Partne
7--i--
This instrument was acknowledged before me on the day of September, Zoo? ?-e,d. ?Ma')
General Partner of Corpus Christi Baseball Club, LP, a Texas limited
partnership, on behalf of the partnership.
DEBORAH BOWMAN
#Y commssiON EXPIRES
SEPTEMBER 13, 2008
Notary Public, State of Texas
H:LegDirigws/Eng/WhataburgerField/AmendmenttoStadiunthease
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
C y of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the followkng informailon. Every question must be a ereld_ f the question is not applicable, answer with 'NA'.
FIRM � 1 i t
M NAME ', r !!! r ,
STREET. f
L�
FIRM is: 1. Corporation
2. Par#nersh P ea/
CITY: .' Ck,r;it 3. Sole Owner 0 4. Association 0
5. Other
DISCLOSURE 5 TIO S
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 Chris having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm ".
Name Job rile and City Department Of known)
2. State the names of each of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name# " ie
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
' or more of the ownership in the above named "flan.
Name
Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpos•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
CERTIFICATE
1 certify that all informalion provided is time and correct as of the date of this statement that 1 have not knowingly
wthheld dsdosure of any inforrnalian requested; and that supplemental statements vall be promptly submitted to the City
of Corpus Chasti, Texas as changes occur.
r ---
Certifying Person: ,
(Type or Print)
Signature of Cerffying Person:
Etd1z! [e:
Date:
14
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM
November 13, 2007
a. Public hearing to consider abandoning and vacating a 30,887.54- square foot portion of the
Eden Lane public right -of -way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east
of the McBride Lane street right-of-way, and north of ICI 37.
b. Ordinance abandoning and vacating a 30,887.54- square foot portion of the Eden Lane
public right -of -way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east of the
McBride Lane street right -of -way, and north of IH 37; subject to compliance with the
specified conditions.
ISSUE: Javelina Refinery is requesting to abandon and vacate the public street right -of -war to
better secure the property around the refinery and to restrict access to the area so as to better
prevent unauthorized activities, including the dumping of trash, within the area.
PRIOR COUNCIL ACTION: February 21, 2006 (Ord. No. 026652) - Council had previously
approved the closure of a 7,216- square foot portion of Eden Lane. The entire public street right -of-
way could not be abandoned and vacated at that time due to ongoing negotiations between Javelina
Refinery and the remaining resident for the purchase of that property.
REQUIRED UIF ED COUI CIL ACTION: City Charter requires Council approval to abandon and vacate any
portion of street rights -of -way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights-of-way.
RECOMMENDATION: DATION: Staff recommends approval of the ordinance as presented.
W
Bob Nix, AIC - --
ACM of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Javelina Refinery, is requesting the abandonment and vacating of the 30,887.54- square foot portion
of the Eden Lane public right-of-way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east of
the McBride Lane street right of-way, and north of1H 37. The dedicated ROW to be abandoned and
vacated is located in an "1 -2" Light Industrial District. Javelina Refinery will be retaining the entire
30,887.54-square feet of the Eden Lane public right -of -way as a utility easement.
. The said portion of public right-of-way is being abandoned and vacated to better secure the
property around the refinery and to restrict access in the area so as to better prevent unauthorized
activities, including the dumping of trash, within the area.
on February 21, 2006, (Ord, 026652), Council approved the closure of a 7,215-square foot portion
of Eden Lane. At the time, Javelina Refineries was not able to close the entire public street right-of-
way because they were still negotiating the purchase of some property with a remaining resident in
the area. Javelina Refinery will not be using the Eden Lane right-of-way for any vehicular truck
traffic, but will have a chainlink fence across the street right-of-way with a gate and a sign, with a 24
hour emergency cumber to allow public and private utility companies access to the utilities within the
remaining utility easement for maintenance repairs and as an emergency entrance.
All public and franchised utilities were contacted regarding this closure request. The City Water
Department requires that the owner retain a minimum 15-foot wide utility easement at owner's
expense, for an existing 2 -inch waterline. Gas Department has an existing -inch gas line, on the
northern portion of the Eden Lane right -of -way, and requires that the owner retain a utility easement
at their expense. AEP and AT&T both have aerial overhead distribution cable lines on joint use
poles within the easement and are asking that the owner retain a utility easement for the existing
cable.
Staff recommends that the Owner pay the fair mar cet value of $23,166.00 within 30 days of adoption
of the street closure ordinance for the abandonment and vacating of the 30,887.54-square foot
portion of the Eden Lane street right -of -way. The owner has been advised of and concurs with the
conditions of the right-of-way abandonment.
EXHIBIT
Page 1 of
AN ORDINANCE
ABANDONING AND VACATING A 30,887.54- SQUARE FOOT
PORTION OF THE EDEN LANE PUBLIC RIGHT-OF-WAY, OUT OF
LOTS 3, 3A, 4, & 5, EHLERS GARDEN TRACTS, LOCATED EAST OF
THE MCBRIDE LANE STREET RIGHT-OF-WAY, AND NORTH OF 1H37;
SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS
WHEREAS, Javelina Refinery is requesting the abandonment and vacating a
30,887.54-square foot portion of the Eden Lane public right -of -way, out of Lots 3, 3A, 4,
Ehlers Garden Tracts, located east of the McBride Lane Street right -of -way, and
north of 1H 37; 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 utility easements} subject to
the provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 30,887.54-square foot portion of the Eden Lane public right-of-
way, out of Lots 3, 3A, & 5, Ehlers Garden Tracts is abandoned and vacated, subject
to Owner's compliance with the conditions specified in Section 2. below. A temporary
utility easement is retained over, under, along, across, and through the abandoned
right-of-way until the existing utilities in each easement are relocated or abandoned.
The plat of the subdivision is recorded in Volume 6, Page 33, Volume 37, Page 124,
and Volume 31, Page 69 of the Map Records of Nueces County, Texas.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) That the Owner pay the fair market value of $23,1 66.00 within 30 days of the
adoption of this street closure ordinance, on a one -time payment basis, for the
abandonment n vacation of a 30,887.54-square foot portion of the Eden Lane
street right -of -way.
2) Owner must retain the entire 30,887.54-square foot portion of the Eden Lane
street right-of-way ropoed for closure as a utility easement for the continuous
maintenance of all existing public and private utilities within the right -of -way, b y
the appropriate private and public utility companies.
3) No additional vehicular traffic by refinery trucks will be allowed on the Eden Lane
right-of-way, only for utility maintenance purposes or as an emergency entrance
or exit.
H- \I _FG -DlI \Shared\ ary \agenda\ OO7111 -1 1OIUD- abandon- vacate,!av Tina ef1rler - tilE ement.d0
Page 2 of
4) Owner will be allowed to construct a chain -link fence with gate across the right-
of-way with a sign and 24 hour emergency number for utility maintenance
access.
5) The relocation of any existing City or private utilities will be done at owner's
expense.
6) 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 p roperty 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.
H•1I FCC -rlI \ h irPd1 Rr laaenda12O 7111 -1 31ORD-abandon-vacateJavelinaRefinery-UtilEasementdoe
Page 3 of
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 20, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of _ — _: 2007, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse l oyo l a
Mark Scott
PASSED AND APPROVED, this the day of , 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: November 7, 2007
)Y)
Garyv1 Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
H \LEG --DI \Shard\ rySlag nda\ OO7'l1 -1 \OF D- abandon -va at JaV final firs ry- Ut1IEa rn nt.do
0
F-
ED
w
•
GOLOSTON ENCINEVING, INC,
PROPOSED- EDEN UW
STREET CLOSURE
SITE MAP
PRol ! DATE: 11
10/05
EXHIBIT C
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Date: November 1 , 2007
AGENDA ITEM:
a) Public hearing to consider amending the City of Corpus Christi Platting Ordinance by repealing
Section W. G. `Parks and Playgrounds," and adopting a new Section W. G. "Public Open Space ".
b) Ordinance amending the City of Corpus Christi Platting Ordinance by repealing Section TV. G.
"Parks and Playgrounds," and adopting a new Section W. G. "Public Open Space," to provide for the
dedication of park and public open space on the platting of property, the creation of a Community
Enrichment Fund and payments thereto, payment of fees in lieu of land dedication, payment of a park
development fee, providing for park development improvements, providing for dedication of land or
payment of fees after filing of the plat for the property and upon the replat of property, and providing
for review of dedication requirements; providing for severance; providing a repealer clause; providing a
penalty clause; providing for publication; and providing for an effective date.
BACKGROUND:
Planning_ Commission and Staff Recommendation 10/3/0 : Planning Commission and Staff
recommend approval of the Unified Development Code (UDC) Parks Focus Group Final Report to
repeal IV.G. Parks and Playgrounds and adopt Section W.G. Public Open Space of the Platting
Ordinance, with one amendment to Section 1V.G.1 .b to allow a 50 percent reduction of park
dedication requirements for properties located in the Renewal Community. The amendment is further
described in Attachment C.
On September 13, 2007 the UDC Parks Focus Group recommendations were presented to the
Development Services Advisory Committee (DSAG). The DSAG suggested a change to the proposed
amendment to Section IV.G. . c) for subdivisions where all lots are for multifamily housing types
(Attachment B). DSAG suggested the dedication requirement should be one acre for each 200
proposed dwelling units, calculated at 75% of maximum zi r n, ity with no credits or refunds,
assuming no zoning change made after the determination.
The proposed UDC Parks Focus Group's revisions, without change, were unanimously recommended
by the Park and Recreation Advisory Committee PAC on September 13, 2007. PRAC discussed
and decided not to support DSAG's suggested change.
During the presentation to City Council on October 30, 2007, City Council directed staff to revise
Section IV. G. 7 (shown below) for Council's consideration at the public hearing.
Iv. G. 7 Park Development Fee
N. G. 7. a)
In addition to the land dedication or fee in lieu set forth in Sections IV. G. 5 and IV. G.
6 above, there shall also be a Park Development Fee of $50.00 $200 per dwelling unit.
The fee shall be reviewed by City Council only once every three two years and may be
revised as necessary by an ordinance of the City Council. Any increases to the fee
should be sufficient to provide for development of the land to meet the standards for a
public park to serve the subdivision, , but the fee -may not be increased by more-than
•I Cok per three -year period:
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page
SUMMARY:
The Parks, Recreation and Open Space Master Plan, which was adopted in 2002, recommended that the
City's parkland dedication ordinance be updated. Issues to be addressed in any park dedication
ordinance revisions included:
1) Tying park dedication requirements to housing density. Currently, the ordinance requires the
same proportion and amount of land (or money in lieu of land) for a one unit per acre development as
for a 30 unit per acre development of the same parcel size (currently a 5% dedication.) While the
current dedication method is proportional and the acreage requirement is the same for either
development, the need for park and recreation facilities 1 services is much greater for a 30 unit per acre
development than it is for a one unit per acre development.
2) Funding for Community and Regional Park needs. The current ordinance only collects funds
that can be spent on neighborhood park improvements within 1-V2 miles of the subdivision. A method
is needed to fund community and regional park improvements which would serve areas beyond the 1 -1
mile limit.
3) Collection of Park Dedication land or fees after platting has occurred. Currently, if a property is
platted under commercial or industrial zoning, park dedication is not required. The ordinance currently
does not have language that requires a collection of fees if the proposed use changes from commercial
or industrial to a residential use, or from single- family to a multi- family use (whereby residential
density usually increases.) Residential land uses are permitted in the following non- residential zoning
districts: "AB" Professional Office District, "B-1A" Neighborhood Business District, "B-1"
Neighborhood Business District, "B-2A" Barrier Island Business District, "B -2" Bayfront Business
District, "BD" Corpus Christi Beach Design District, and "B-4" General Business District.
4) Comparability of Corpus Christi to other Texas City Park Dedication Requirements. The
proposed text amendment allows for proposed fee increase based on a review of other Texas cities'
park dedication and development fees.
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page 3
City
Survey _ f Park Dedication Fees from other Texas Cities
Park Dedication
Fee
(based on 1 Park Improvement
acre dwelling Fee (based on fee per
unit)' - dwelling unit) Total Fee
UDC Focus Grou
$250.00
1 er 100)
$50.00
$3 00.00
% Fee Higher
than Proposed
Focus Group's
$0 Fee
UDC City Council
San Antonio
Fort Worth
$200.00
N/A
$225.00
$450.00
$357.00
$413.00
Georgetown
Colle
e Station
Arlin • on
$500.00
$247.52
jper1O1)
N/A
$1,370.00
El Paso (flat rate) N/A $1,370.00 357%
FBased on estimated value of undeveloped residentially appraised land of $25,000. Staff will provide are appraised value of
one acre from Nueces County Appraisal District under separate cover at the Council hearing, pending fulfillment of
the City's work order request to the County.
$358.00
$1,031.00
102%
244%
The Parks Focus Group's members met once a month from January through July 2007 to review the
portions of the UDC that address parkland dedication. The Parks Focus Group was advised at the first
meeting that their recommendations for public open space would be the document presented at the
required public hearings before Planning Commission and City Council. However, the Group was also
advised that if staff took exception to any recommendation, that information would also be presented.
Parks Focus Group recommendation highlights include:
• Review of the Community Enri
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page 4
• Planning Commission and staff are proposing a 50% reduction of the park fees (similar to the
reduction currently applied to building permit fees) for properties within the Renewal
Community boundaries that have not previously satisfied the public open space dedication
requirements; and
• Fee would be collected prior to recordation of final plat.
An analysis of our current park inventory compared to the National Recreation and Park Association
(NRPA) standards indicates that the City of Corpus Christi is in need of additional parkland for pocket
parks, neighborhood parks, and community /regional parks.
Type of Park
-
Current
j Inventory
(in acres)1
f
NRPA
; Formula2
Amount of
Parkland
: Needed to Meet
NRPA
Standard (in
; acres )3
Parkland
Deficit
(in acres)
Cost of
Purchasing
Land to
Meet
Deride
Pocket Park (0.15
to 3 acres)
142
13 acres 1
1,000 ersons
443
301 i
$7,525,000
Neighborhood Park
(3 to 10 acres
434
2 acres 1
1,000 persons
591
158
$3,950,000
r-Community Park
(10 to 100 acres)
715
2 acres 1 i
1,000 ersons
591
0
-
Large Community
Park/Regional
100 acres)
356
3 acres /
887
531
$13,275,000
Total Estimated
Cost
$24,750,000
1 Source: City of Corpus Christi Parks and Recreation Department
2 Source: National Recreation and Park Association
3 Source: Based on June 30, 2007 building permit data and using the housing unit method of calculating populations, the
Development Services department estimated a current population to be 295,594 persons.
4 Based on estimated value of undeveloped residentially appraised land of $25,000. Staff expects to provide an appraised
value of one acre from Nueces County Appraisal District under separate cover at the Council hearing, pending
fulfillment of the City's work order request to the County.
Using our Geographic Information System (GIS), staff has determined there are 10,945.4 acres of
current undeveloped residentially zoned land available for single family and multifamily development
in our city limits. Applying the maximum dwelling unit density permitted by each zoning district to the
available land, there are approximately 76,703 dwelling units potentially available for single family and
multifamily development. This does not account for future annexed land.
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page
1 Source: City of Corpus Christi Development Services Department. Acreage that had a future land use of non-
residential was subtracted from the total residentially zoned acreage.
2 Based on estimated value of undeveloped residentially appraised land of $25,000. Staff will provide an
appraised value of one acre from luces County Appraisal District under separate cover at the Council
hearing , pending fulfillment of the City's work order request to the County.
3 Note: The maximum dwelling unit density for each zoning district has been applied and acreage has been
subtracted for infrastructure - calculated at 75% of total acreage for single family and % of total acreage for
multifamily
The Parks and Recreation Department has indicated that the cost of improvements to develop a park
once land has been acquired is shown below:
> Pocket Parks -- 0.15 to 3 acres
• The cost of developing a typical pocket park may range from $ 125,000 to $250,000.
• Cost is dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre.
• Neighborhood Park - 3 -10 acres
• The cost of developing a typical neighborhood park may range from $250,000 to
$600,000.
• Cost is dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre additionally.
• Community Parks 10 to 100 acres
• The cost of developing a typical community park may range from $600,000 to
$4,900,000.
• Costs are dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre additionally.
• Large Community Parks/ Regional Park 100 plus acres
• The cost of developing a typical large community park/ regional park begins at
minimum of 1,250,000.
• Costs are dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre additionally.
Acreage
Available for
Residential
Development'
-' --
Total Per
, Acre Cost2
1
Total No. of
� Potential
Dwelling
Unit s3
Total
Potential Fee
Collected at
S50 per unit
(Focus
Grou
' Total Potential
Fee Collected
at S200 per
unit
(Proposed
L
increase)
Single - family
zoned land
9,958.2
$25,000
52,241
$2,612,040
$10,448,162
Multifamily
zoned land
987.2
$25,000
24,462
$1,223,095
I
$4,892,379
Totals
10,945,4
76,703
$3,835,135
$15,340,541
1 Source: City of Corpus Christi Development Services Department. Acreage that had a future land use of non-
residential was subtracted from the total residentially zoned acreage.
2 Based on estimated value of undeveloped residentially appraised land of $25,000. Staff will provide an
appraised value of one acre from luces County Appraisal District under separate cover at the Council
hearing , pending fulfillment of the City's work order request to the County.
3 Note: The maximum dwelling unit density for each zoning district has been applied and acreage has been
subtracted for infrastructure - calculated at 75% of total acreage for single family and % of total acreage for
multifamily
The Parks and Recreation Department has indicated that the cost of improvements to develop a park
once land has been acquired is shown below:
> Pocket Parks -- 0.15 to 3 acres
• The cost of developing a typical pocket park may range from $ 125,000 to $250,000.
• Cost is dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre.
• Neighborhood Park - 3 -10 acres
• The cost of developing a typical neighborhood park may range from $250,000 to
$600,000.
• Cost is dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre additionally.
• Community Parks 10 to 100 acres
• The cost of developing a typical community park may range from $600,000 to
$4,900,000.
• Costs are dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre additionally.
• Large Community Parks/ Regional Park 100 plus acres
• The cost of developing a typical large community park/ regional park begins at
minimum of 1,250,000.
• Costs are dependent on existing site conditions and level of development as determined
with community input.
• If irrigation is included it would be approximately $50,000 per acre additionally.
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page
Greenwayl hear Park
• The cost of developing a typical green ray may range from $100,000 to $650,000 per
half mile.
• Costs are dependent on existing site conditions and level of development as determined
with community input.
A park development fee is instrumental to develop and provide park amenities once land has been
acquired. In order to meet NRPA's standards for regional parks for the City's current projected
population, three to five regional parks would be developed. Based on the analysis, a $50 park
development fee would be able to develop one large community park/regional park, depending on the
existing site conditions and number of amenities provided. A $200 fee could possibly develop a
minimum of two large community parks/regional parks. • These parks would serve subdivisions
consistent with the Parks, Recreation, and Open Space Master Plan.
REQUIRED COUNCIL ACTION:
Approve the ordinance amending the Corpus Christi Platting Ordinance by repealing Section 11,1.G
regarding parks and playgrounds and adopting Section JV.G regarding public open space through the
public hearing process of two readings (November 13, 2007 and December 11, 2007.)
rye Go t+ i e-Macon.
Interim A • stant Director of Development
ment
Services/Planning
etiCt)-
ichael N. Gun ' g, AIC
Special Assistant, Development Services
FGM MGIBPlsm
Attachments:
1) Additional Background
2) Attachment A: UDC Park Focus Group members
3) Attachment B: September 12, 2007 DSAG memo to PRAC
4) Attachment C: Renewal Community Reduced Fee and Map
5)
H;
ISHARED\shannonlUDOUDC Parks CC agenda memo 1 11 0 7.do
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page 7
Additional Background
In January 2005, the City entered into a contract with Duncan Associates to prepare the Unified
Development Code (UDC), a single source document combining our zoning, platting, and related
development regulations. During a 45-day public review period over forty online comments were
submitted consisting of over five - hundred (500) different line items. Once the review of the comments
was completed, seven focus groups were established for the purpose of addressing the new code
provisions proposed under the draft UDC (dated May 2006). Each group selected a chair and an
assistant chair to conduct the meetings. Staff facilitates the meetings and provides support and
expertise for the subject areas. The UDC topics being reviewed by the different focus groups are as
follows:
• Signs
Park Development
• Landscaping
• Base Zoning
Infrastructure
• Shared Access
• Administrative Procedures
The Signs, Parks, and Landscaping Focus Groups have completed review of their respective sections
within the draft UDC. Staff is moving forward with the recommendations from these committees and
will be presenting them as text amendments to the current adopted regulations. The Parks revisions are
presented as a text amendment to the Corpus Christi Platting Ordinance Section IV.G. Parks and
Playgrounds (to be renamed "Public Open Space.")
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page 8
Attachment A: UDC Parks Focus Group Members
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Daiquiri Richard, Chair
Beautify Corpus Christi
Jaime P le, Vice Chair
• • .
John Brattn
Developer
w�
Pe ryas Law Firm
Grego Perkes
Garrett Dorsey 111
PAC Board member, Hogan Homes
--
JR Tucker
John Tucker Homes
Freddie Seaquist
Freedom Homes
Dawn Bissell
Friends of the Park,
Pope Parkrovement Pret
Harry Power
Country Club HA President
El, Salazar
Kin. s Cr ssin • I ei. hbprb od Association
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page
Attachment B
Memo
Date: 9/1 2/2007
To: PRAC
From: Robert Payne, AICP, Senior City Planner
RE: DSAG Recommended Revision to Platting Ordinance on 9/12107
IV. G. 6. c) For subdivisions where all lots are for multifamily housing types, the
dedication requirement shall be one acre for each 200 proposed dwelling
units_ calculated at % of n a it rr or in _density with no credits or refunds.
acing no oning change_ made after the chance
Upon additional review of DSAG recommendations by staff, the following deletion is warranted:
IV.G.9 Additional Dedication
I. G. 9. a} The dedication required by this Section shall be made by filing of the final
plat or concurrently by separate instrument unless additional dedication
is required subsequent to the filing of the final plat.
Iv. G. 9. b) For multifamily development or development where park land was neither
previously dedicated nor payment was made with the filing of a plat, the
additional dedication or payment in lieu of land required by this Section
shall be made at the time of the building permit application.
CC: Robert Nix, Assistant City Manager- Development Services
Johnny Perales, Deputy Director- Development Services
Michael Gunning, AICP, Planning Consultant
Sally Gavlick, Director of Parks and Recreation
DSAG Members
UDC Parks and Open Space Committee
Public Hearing
UDC Parks Focus Group Final Report and Recommendation
Page 10
Attachment : Renewal Community Reduced Fee and Map
During the presentation to the Planning Commission on September 19, 2007, Section 1V.G.1 .b was
questioned as potentially increasing costs where the City is focusing on encouraging redevelopment
(downtown). This section requires a parkland dedication to be applied when development occurs. If
platted properties have not previously met public open space dedication requirements, dedication shall
be required at the time these properties are developed. The Planning Commission stated that properties
in areas the City is promoting redevelopment for residential should not be required to pay additional
money for parks.
Subsequently, staff proposed a 50% reduction of the park requirements for properties in the Renewal
Community. The Renewal Community is scheduled to expire in 2009; therefore the reduction would be
temporary (however, HUD has proposed to Congress that the program be extended to 2015.) Staff
suggested that the 50% reduction would be a logical expansion of the existing policy to discount
building permit fees by 50% for properties located in the Renewal Community Area. A map of the
Renewal Community is provided in Attachment C.
As part of the discussion at the Planning Commission public hearing, staff presented an analysis of park
land needs in the reinvestment zone area. In general, according to the City's Park, Recreation and Open
Space Master Plan and national standards, the area is adequately served with sufficient park land.
However, the staff pointed out that there are a number of parks and open spaces that are currently
"under - developed" with only a minimum of existing improvements. Any fees collected from projects
in the Renewal Community would more than likely be spent on park facility improvements, rather than
on creating new parks. Such parks include: La Retama Park, Artesian Park, Blutcher Park, South Bluff
Park, the "Bayfront Park" project, green spaces below the bluff balustrade, as well as other
undeveloped or partially developed neighborhood and pocket parks in the area. As an estimate, park
improvements for these parks may cost several million dollars.
After discussion, the Planning Commission supported staffs recommendation to amend Section
iv..10.b. to include the fifty (50) percent reduction of the open space dedication requirements in the
Renewal al Community as follows:
IV. G. 10. b. If a dedication requirement arose prior to the effective date of this Ordinance,
that dedication requirement shall be controlled by the public open space dedication
requirements in effect at the time such obligation arose, except that additional dedication shall
be required if the actual density of structures constructed upon the property is greater than the
former assumed density. Additional dedication shall be required only for the increase in density
and shall be based upon the ratio set forth in Section IV.O. 5 of this section. Properties within
the Renewal Community boundaries that have not previously satisfied public open space
dedication requirements (previously a park dedication requirement) will he required to
pay fifty percent (50%) of the park dedication fee.
Page 1 of 14
AID ORDINANCE
AMENDING THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE BY
REPEALING SECTION IV. G. "PARKS AND PLAYGROUNDS," AND
ADOPTING A NEW SECTION IV. G. "PUBLIC OPEN SPACE," TO
PROVIDE FOR THE DEDICATION OF PARK AND PUBLIC OPEN SPACE
ON THE PLATTING OF PROPERTY, THE CREATION OF A COMMUNITY
ENRICHMENT FUND AND PAYMENTS THERETO, PAYMENT OF FEES IN
LIEU OF LAND DEDICATION, PAYMENT OF A PARK DEVELOPMENT
FEE, PROVIDING FOR PARK DEVELOPMENT IMPROVEMENTS,
PROVIDING FOR DEDICATION OF LAND OR PAYMENT OF FEES AFTER
FILING OF THE PLAT FOR THE PROPERTY AiD UPON THE REPLAT
OF PROPERTY, AND PROVIDING FOR REVIEW OF DEDICATION
REQUIREMENTS; PROVIDING FOR SEVERANCE; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Unified Development Code Parks focus group has reviewed the
provisions rovi ions o the Unified Development Code relating to parks and public open
proposed
spaces and has recommended revisions to the relevant provisions of the Platting
ordinance;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 3, 200 7, during a meeting of the Planning Commission, and on Tuesday,
November 13, 2007, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this ordinance would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION t The Platting ordinance, Section IV "Design Standards," subsection G.
"Parrs and Playgrounds" is hereby repealed.
"SECTION I. DESIGN STANDARDS
a
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future _t er a: ' Gh park. The f rm s
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SECTION 2. The Platting Ordinance, Section 111 "Design Standards," subsection G. is
adopted and shall read as follows:
"SECTION IV. DESIGN STANDARDS
a,
Iv. G. PUBLIC OPEN SPACE
Ili, G. 1. Purpose
Iv. G. 1. a The •ur•ose of this Section is to provide recreational areas in the
form of public arks as a function of the subdivision of land for
residential uses and site development in the City
111, G. 1. b Public parks are those public open s •aces • rovidin • for a variety of
outdoor recreational o • • ort, nities and located within convenient
distances from a ma*orit of the residences be served. The
_... Oman/ cost_ of public ublic be borne by the ultimate
rsid
ential ro o r ners who, by reason of the proximity of their
property to such parks, shall LeAlgsj_-irnwy beneficiaries of such
facilities.
Iv. G. 2. Ap I I bi I1
Iv. G. 2. a Public • ark dedications shall a 1 to both land and develo
costs for such parks for residential subdivisions of prilsin
type.
••
me rat
IV. G.. Exemptions
1 The followin • shall be excluded from the re • uirer eats of this Section:
(1) Land develo • ed for nonresidential uses.
ft\ LEG -DIF 1 har dl ary \a enda\200 \11 -1 3\ Ord-Platting Ord --Open Spaces—Cornrnmittee.doc
2 Re • lats without vacation of existin
. •
Page 8 of 14
fatted areas or amendin
• fats which have
Section
reviousl satisfied the re•uirementsofthis
(31 Pats of single-family residential subdivisions containing lots of
five acres or lar• er • rovided a note is • laced on the •fat
indicatin
that the area encoed within the
fat has not
satisfied the re• irements of this Section and that such
re . uirements shall be satisfied u on the subdivision of the
•ro•e or develo•ment of the
sin -fail drellin . or
ro•ert for other than one
4 Wetlands that would re• ire a •err it from the U. S. Arm
Goes of En
material.
veers for the dischar
e of fill or d red e
Those wetlands shall not be acce •ted as satisfaction of
the requirements of this Section.
(b) Determination of those wetlands shall be made by a
representative of the U. S -,.1r r _cor f nir
or certified wetlands delineator and shall be the
resp nsibility_ f the applicant.
111. a 3. b Should it be desired to male residential use of the land listed in
• ara. ra • h a above no build in . • erit shall be issued for
residential construction and no residential construction shall
commence until the owner satisfies the requirements of this
Section.
IV.G.3.c
Pro s ert • reviosl
owned b Padre Island Investment vestment Cor •oration
is 1� - covered by the Water Agreement authorized by
Ordinance No. 10189 of Se•tember 17 1971 which incor•orated
b reference A
reements related to the
rovision of water to P I IC
pr rty dated September 30, 1 7o and January 5 1968 other
than Case Summer Unit 1 Ca •e Summer er Unit 11 and
Commodore's Cove Unit li subdivisions is exem •t from the
parkland dedication provisions of this Section as having satisfied
the provisions of that agreement, except that the area contained in
Cape Summer Unit 1, Cape Summer Unit 1.1_, and Commodore's
Cove Unit_ 11 subdivisions shall not be exempt from parkland
dedication provided that the park dedication shall be in accordance
with this _ section The -park dedication requirement for Cape
Summer Unit 1, Cape Summer Unit J_l and Commodore's ore's Cove Unit
1 1 shall rennin a total of 45 95 acres for the three units; and that not
more than 50 •ercent credit ma be • iven u on the dedication of
not more than 50 acres of habitat area corn rised of u • lands and •
flats contained in the Commodore's Cove Unit 11 area.
H:1 LEG -D1R\ hered1 ar lagenda2 OO7\11- 1lord- Platting Ord—Open Spaces—Cornmmittee.doc
Page 9 of 14
Iv. G. 4 Co r uni nri hn nt Fund
Iv. G. 4. a There is hereb established a s.e iai fund for the de. osit of all sums
paid in iju 05 land dedication in accordance with this Section or
any reedin• regulations.- The fund shall be anon as - the
"C mmLJnity_E ri hment Fund ".
IV. G. 4. b The Cit shall account for all sums said in lieu of land dedication
under this Section with reference to the individual cats involved.
ended b
An
within seven years from the date received b_he City for
a uiitin or deel . rent of a . ubiic ark. Such funds shall be
considered to be sent on a first in first out basis. If not so
expended, the owners of the ro last clay f such
eriod shall be entitled to a ro rata refund of such sum coin . uted
on a square feta• a of area basis. The erners f such re rt
shall request such refund within 12_ months prior to the last day of
years of entitlement in writing or such entitlement shall
the seven .
be terminated.
Ill. G. - - -L d Dedication
Iv. G. 5. a) Whenever a _final slot is filed of record within the City g ri di ti n
(ci limits ET, for development of a residential subdivision such
slat shall contain a clear fee siripin.pcledication of an area of land
within the subdivision to the Cit for • ark purposes.
Iv. G. 5. b For subdivisions where all tots are for single - family housing types,
the dedication re,uiremenf shall be determined b the ratio of
one acre for each 100 r • used dw llin • units. Exam le: 1
dwelling unit (du) = 0.01 acres;- 25 du's = 0.25 acres* du's =
0.75 acres. 200 d u = acres.)
111, G. 5. c For subdivisions where all lots are for multifamily housing t •es the
dedication re
•uire ►ent shall be determined b the ratio of one
funds
1
aid for such
•
u
r
•
uses shall be ex
•
•
the Cit
acre for each 200 . r . sed der ellin * units.
du = 0.005 acres; 25 du's = 0.125 acres. 75 du's =
Exam le: 1
dwellin
unit
0.375 acres. 300 du = 1.5 acres.
Iv. G. 5. d For subdivisions with both sin • le-famil and multifamil h usin• yes
the a • • re • riate dedication requirement in Se ti n IV, G. . b and
Section IV. G. 5, cahall apply..
1 . G. 5. e A • relit ina s tat shall show the area • r . sed to be dedicated
. under this Section. The re• uired land dedication of this subsection
may be met bye payment of money in lieu of land when permitted
or re • uired b the other • rovisions of this Section.
H:\LE -DIF 1 hared\ ary lagendal2OO7\11 -"1 1 rd- Platting Ord - -Open Spaces -- omr-nrnittee.do
Page 10 of 14
LV.G. 5. f) In the event that ark land nd dedication is re. uired however a
• rellmina or final •lat is not re uired this dedication shall be met
prior to the issuance of a buildin• •ermit.
I , G. 5. The area of the ark to be dedicated shall be measured and
calculated to the centerline of an street boundin• said park i in
the subdivision.
Iv. G. 6 Fee in Lieu of Land
1N.,_1he Ciyrnay re wire a fee in lieu of land dedication. Before making
tbjjJcision the QjtyhaI1 obtain a recommendation for the cash
• a ment in lieu of land from the Parks and Recreation Adviso
Committee. such •
to the time of Min
a ment in lieu of land shall be made at or
rior
the final
lat or
nor to the issuance of a
building •ermitwhere a slat is not re. uired.
Iv. G. 6J) The fee in lieu of land dedication re• uir meat shall be met by a
went r oional to the amount of land required to be
dedicated and usin • the fair market value of the land at the time of
construction start. The value shall be determined by a valid losin•
statement dated within the last twelve months or agreed u • on by
the devefo er and the Qi .
11. G. 6. c Should the Cit acce • t the fee in lieu of land the fees shall be • laced
initiomrnunity Enrichment Fund and shall be used forthe
ac url ftlor or improvement of parks most ilkel to serve the
residents of the subdivision. The •ark most likel to serve a
subdivision shall in no case be located more than one and one -half
miles from the subdivision, taking into consideration factors such
as the •roximit of ma.or barriers to accessibilit includin•
freeways, navi • able streams and bodies of water.
IV. G 6. Communit Enrichment Fund monies shall be used only for parkland
ac • uisition and • ark develo • rent includ in • utilit extensions
required to serve recreationl areas.
I. Park erel meta Fee
I. G. 7. a In addition to the and dedication or fee in lieu set forth in Sections I.
G. 5 and__I . G. 6 above there shall also be a Park Development Fee
of $50.00 per dwellini unit. The fee shall be reviewed by_Qy Council
only once eve three ears and ma be reprised as necessa b an
ordinance of the 01 Council. An increases to the fee should be
sufficient to • rovide for develo • anent of the land to meet the
standards for a • ubli • ark to serve the subdivision but the fee may
not be increased by more than 10% per three- -year period
IN/. G. 7. b) The fee shall be collected • rior to recordation of the final plat. When
nonresidential _subdivision _is deyelo d later a in le family,
H:1. LEG -DIR\ har d\ ary la end 12 0 111 -131 rd- Platting Ord—Open Spaces -- ommmittee.do
Page 11 of 14
multifamily, assisted living r nursing home develo.ment the fee will
be collected prior to of the building permit.
ly. G. 7. c Cash • a ments ma be used ant for develo merit of a_ public
recreational area that will serve the subdivision consistent with the
Parks Recreation and Open- S •ace Master Ilan.
Iv. G. 8 Park Develo • ment Im • rovements
Ill. G. ._ a) An applicant may propose to construct the public park improvements
in lieu of the park deveio rrent fee described in Section IV.G.6 or
IV.G. 7 above. Before the City can a. 'rove the a. •fiat's . ro.osal, a
recommendation is required from the Parks and Recreation Adviso
Committee. All im • rovemerits shall either b n Tally uaranteed or
accepted by the City • rior to the filing of a final plat in the case of
• Tatted develo • merits or . rior to issuance of certificates of oc u • anc
JV.C.9
IV. G. 9.
in the event that
fat a
• 1
royal is not re
uired. The
rocess offinancial
t r shall be the sane as that fund in Section n ,A.3 and shall
be used whether a plat approval is required or riot. Once
improvements are acce.ted b the City, the applicant shall deed the
property and improvements ents to the Cit .
Additional Dedication
The dedication re. uired b this Section shall be made by fin. .f the
final •lat or concurrent b se • arate instrument unless additional
dedication is re
uired subse
cent to the Ellin
of the final
lat. If the
actual number of corn
feted dwellin
units exceeds the fi.ure u•on
which the original dedication was based additional dedication shall
be re • uired and shall be made b the subdivider b • a rent of the
cash in lieu of land amount • rovid - ebv orb the conveyance of
additional land_ required the City,
_Iv. G. 9. b) For_ r_e§irlenfial develo arkland was neither previously
dedicated nor payment was made with the filin_g of a plat the
additional dedication or *a rent in lieu of land required by this
Section shall be made at the time of the building permit application.
Ill. G. 10. Prior Dedication
Iva G. 10 a Credit shall be • iven for land or move dedicated in accordance with
this Section.
LVSQR ,1 -if a de d_i aticn requirement arose prior to the effective date of this
Ordinance that dedication requirement shall be controlled by the
public o •erg s.ace dedication requirements in effect at the time such
obIi • ation arose ex e. t that additional dedication shalt be re aired if
the actual densi of structures constructed upon the property _is
Tea*. than the former assumed densit . Additional dedication shall
be re uired onl for the increase in densit and shall be based u.on
H:1LE -DIR1 h redl ary lagend 1 007111 -1 O rd- Platting Ord - -Open Spaces—Commrnittee.doc
Page 12 of 14
the ratio set forth in Section IV.G.5 of this section. Pro•erties within
the Renewal Com uni boundaries that have not • revi u ly satisfied
public open space dedication requirements reviou 1y a pawl.
dedication requirement) will be r •uired to pay fifty percent ° of
tLi 11.1t_ok Oedication fee.
Additional Fie uir rune s
111. G. 11. a An land dedicated to the Cit under this Section shall be suitable for
park arrd recreation uses deterrrired the fit ,
Iv. G. 11, b Detention or retention areas may be accepted in addition to the
re • uired dedication. If acce . ted as • art of the • ark the detention or
retention area deskr shall be as recommended by the Parks and
Recreation De•artr ent and shall meet all .ark re.uirements
consistent with the Parks Recreation and Open Space Master Plan.
IV. G. 1 . - Parks should be eas to access and open to public view so as to
benefit area d evelo • ment enhance the visual character of the city,
•rotect •ublic safet and minimize conflict with ad'acent land uses.
The folio grin • • uidelines should be used _in desi nin • •arcs and
jacent development.
111. G. 11. d 1 Where • h sicall feasible • ark sites should be located
adjacent to green rays or schools in order to encoura•e both
shared facilities and the • oteritial -devlo • rent of new sites.
III. G. 11. e 2) -- A pro. osed subdivision aclacent to a •ark shall not be
desi • ned to restrict reasonable access to the • ark from other
area subdivisions. Street and greenwa s connections to
existing or future adispining subdivisions ma be re, aired to
provide reasonable access to parks.
LVG. 11 Streets ttirig a public _park shall be built in accordance with
. the Cor. us Christi Urban Trans • ortation Plan and the
standards of this ordinance• however the Cit ma re• uire an
local access street built ad'acent to a • ark to be constructed to
collector width shall on' be re• aired at • ark fronta• a to ensure
access and revent traffic con estion. The a • • iicant ma
request oversize participation in such instance.
I. G. 12. Review of Dedication Requirements
iL?. 12. a The Ci council shall review the fees set forth in this Section n
once eve three ears. The Ci Council shall take into account
inflation as it affects land and ark develo • anent costs as well as
the City's tar, eted level of service for arkland per to
pulatior .
R:I LEG -D1 \hared ary \aiendal2OO \11 -1 1 rd- Platting Ord- -Open Spaces -- ornrnrnittee.do
Pagel 3 of 14
I Submittal Requirements
Iv. G. 13. a The Cit shall have the o.tion of re • uirin• information relatin
to the
ro•osed dedication site s and ism
rovements in order to assess that
the
rovisions of the ordinance are achieved."
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 5. 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 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION ". This ordinance shall take effect upon and after publication of this
ordinance.
H:\ LEG -DIR \Shared\ arys \a nd \ 007\11 -1 \ rd- Platting Ord--Open Spaces—Commmittee.doc
Page 14 of 14
That the foregoing ordinance was read for the first time and passed to its second
g
reading on this the day of !_ , 2007 by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
- -
Mike Hummel' Michael M Cut hors
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the day of �, 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper - John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel! Bich el McCutchon
Bill Kelly
PASSED AND APPROVED this the , day of - -- , 2007.
ATTEST:
Armando Chapa, City Secretary
Approved: November er , 2007
By:
Gaily W. Smith
Assistant City Attorney
For City Attorney
H:\ LEG }DIR\ Shared\ ary lagend 12007\1 t -1 lord- Platting Ord - -Open Spaces— ernmmi ee.de
CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
16
CITYCOUNCIL
AGENDA MEMORANDUM
city council Action Date: November 13, 2007
AGENDA ITEM: Resolution adopting the Texas Enterprise Zone Policy.
Y
ISSUE: The Texas Enterprise Zone Program operated by the State of Texas is an
economic tool used by local and regional governments to encourage development and
redevelopment in areas of distress. It provides state tax incentives for prospective
nominees for job growth and retention and capital investment into the area in which it
receives the benefit. City of Corpus Christi Texas Enterprise Zone Policy sets forth
guidelines and criteria outlined by the State of Texas by the Office of the Governor
Economic Development and Tourism. The attached plan provides a policy and delineates
local criteria for nominating Enterprise Zone Project designation.
REQUIRED UII E COUNCIL ACTION: Approve the Resolution as presented.
CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Corpus
Christi Texas Enterprise Zone Policy.
ill�
4\frma Cab Zero, irec
Economic Development
Pagel of 2
A RESOLUTION
ADOPTING THE TEXAS ENTERPRISE ZONE POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Texas Enterprise Zone Policy, attached hereto, is hereby
adopted.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
APPROVED AS TO FORM: November er , 2007
)t,t,./_k5
r Smith
Assistant City Attorney
For the City Attorney
H:1 LEG -DIR\ h red\ ary \agend \ 1:107\1 1 -1 31Res-AdoptTexasEnterprisennePolicy.doc
Page 2 of 2
Corpus Christi, Texas
of
2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel]
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
i- A LEG -DIF l har dl ary \agend 1 0 111 -1 3\Res-AdoptTexasEnterpriseZonePolicy.doc
City of Corpus Christi
Texas Enterprise Zone Policy
Draft
I. Policy
The City of corpus Christi (the City) is committed to improving the quality of life for its
citizens by the promotion of quality development in all parts of the City. This policy and
procedures are established in an effort to sustain, develop and expand the ford economy
by promoting and encouraging development and redevelopment projects that enhance the
City's economic base, diversify and/or expand job opportunities which create additional
local and regional revenue and enhance the City's fiscal ability to provide high ualit
municipal services for the safety, comfort and enjoyment of residents throughout the City.
The Texas Enterprise Zone program is an economic development tool for local
communities to partner with the State of Texas to encourage job creation and capital
investment in economically distressed areas of the state. A qualifying business is
nominated by its local city or county to receive state sales tax refunds. By rantin these
incentives to businesses in need, the City of Corpus Christi seeks to encourage
improvements and progress and at the same time adhere to the rules and regulations set
forth by the State.
Each applicant must be nominated for Enterprise Zone designation by the Corpus Christi
City Council. An applicant may request a meeting(s) with appropriate City staff prior to
submitting a request for nomination in order to obtain information and seek clarification.
The meeting will be scheduled through the Economic Development Office.
A preliminary review will be completed by City staff within approximately 20 working days
to ensure compliance with these guidelines. if the application does not meet the criteria
the applicant will be notified and will have approximately 1 orkin days to supply
required information.
All project information provided to or developed by the City may be subject to disclosure
under the Texas Public Information Act.
Nothing in this policy shall imply that the City is under any obligation to nominate a project
for Enterprise Zone designation. Each applicant will be evaluated on the basis of
individual merits. The decision to approve or deny economic nomination shall be at the
sole discretion of the City Council.
The City Council may vary, alter, and/or waive any of the criteria ser forth herein when
such variance, alteration and/or waiver is in the public interest and does not conflict with
rules and regulations set forth by the state.
II. Applicability
Several criteria exist for an area to be recognized as an enterprise zone in the state of
Texas. To be considered an enterprise zone one of the following must be met:
• A block group determined by the U.S. Census Bureau decennial census to have a
poverty rate of 20% or more. The block group will remain an enterprise zone until it
no longer qualifies upon subsequent decennial census results.
• Any distressed county in Texas is an enterprise zone. The State of Texas defines
distressed as meeting certain requirements. The county has a poverty rate above
15.4% according to the most recent census decennial data. At least 25.4% of the
adult population does not hold a high school diploma or high school equivalency
certificate. The unemployment rate is 4.9% or higher and has been for the
preceding five years. Nueces county does not qualify as a distressed county as of
2006 due to an improvement in the unemployment rate.
• Federally defined renewal community, empowerment zone, or enterprise community
may function as an enterprise zone. Renewal Community census tracts 1, 3, 4, 10,
and 11 in Corpus Christi and the expanded Renewal Community census tracts 5, 7,
13, 35, and 50 in Corpus Christi are designated as Enterprise Zones.
For a business to qualify for the Enterprise Zone program the business does not have to
be physically located in an enterprise zone. However to qualify for incentives the business
will be required to hire at least 35% new employees who reside in an enterprise zone or
who are economically disadvantaged as outlined by the State.
III. Authority
A. Local Authorit . The City of Corpus Christi adopted this policy by Resolution No
..— - on - 2007. The policy is intended to provide guidelines to City
Staff and interested parties regarding benefits and incentives to business underthe
Texas Enterprise Zone program.
B. Statuto Authorit . Tax incentives will be provided in accordance with the
procedures and criteria outlined in the policy as authorized by Chapter 2303 of the
Texas Goverment Code.
!V. Benefits to Participation
Designated projects are eligible to apply for state sales and use tax refund on taxable
items. The level and amount of refund is related to the capital investment and jobs created
at the qualified business site
Level of Capital Investment
Maximum number ` Maximum
of Lobs allocated potential refund
L$40,900t0$399,999 10 $25,000
$400,000 to $999,999 25 _ $62,500
$1,000,000to$4,999,999 12 B
$5,000,000to$149999,999 • s $1,250,�OO
Double Jumbo Project
$150,004,000 to
$249,999,999
500
Triple Jumbo Project
$250,000,000 or more 500
V. Selection Criteria
$2,500,000
$3750,000
Maximum refund per
job allocated
$2,50Q
$2,500
500
$2,500
$5000
$7.500
Every two years the State of Texas can designate up to 105 slots to qualifying businesses
� 9
for enterprise zone program benefits. The City of Corpus Christi can nominate u p to
slots every two years. A single business is allowed up to three slots. The number of slots
selected i
Eailiciiation rLgLiirprollts outlined by the State are as follows:
• Enterprise project designation is up to a five year period, in addition to a 90-day
window prior to the quarterly deadline application /designation date as shown on
page 5 of this policy. Employment and capital investment commitments must be
incurred and met within the 90-day window to the designation expiration date.
• Projects may be physically located in or outside of an Enterprise Zone.
• if located within a zone, the company commits that 25% of their new employees will
meet economically disadvantaged or enterprise zone residency requirements.
• If located outside of a zone, the company commits that 35% of their new employees
will meet economically disadvantaged or enterprise zone residency requirements.
See Appendix A for further information.
• Jobs must provide employment of at least 1,820 hours annually.
• Jobs must exist through the end of the designation period, or at least three years
after the date on which a state benefit is received, whichever is later.
• Retained jobs may count towards benefit status under certain circumstances. See
Appendix A for further information.
• on meetin • all state re • uired criteria . ro'ects will be selected for recommendation to the
City Council based u son the foliowin• priorities:
1. The project creates or retains a significant number of full-time jobs
2. The capital investment is no less than $200,000.
3. The project is located in an Enterprise Zone or Renewal Community Census
Tract.
4. The project develops or redevelops in the Downtown area.
5, The project generates economic development in the surrounding area.
The chart below provides a point value for scoring Enterprise Zone projects.
1-EITterprise Zane Proitct selection Criteria
:!9nificar:! Si_gnificant number of full - time created or retained jobs
Point Value
Capital investment of no less than $200,000 25
Project location is in Enterprise Zone or Renewal Community 20
Development or redevelopment in the Downtown area 20
Generates economic development in the surrounding area 15
VI. Application Process
Applications are accepted in the Office of the Governor from nominated businesses
quarterly. Applications must be in the office of the Governor by the first working day of
March, June, September, and December and no earlier than five business days prior to the
deadlines.
Quarterly Application
Deadline i
90 -Day Window *
Designation
Ex'iration
09/04/07
04/23/07
09/04/12
12/03/07
07/23/07
12/03/12
03/03/08
10/17/07
03/03/13
06/02/08
01/23/08
06/02113
09/02/08
04/22/08
09/02/13
12/01/08
07/18/08
12/01/13
03/03/09
10/14/08
03/03/14
06/01/09
01/20/09
06/01 /14
working days; excludes weekends and state and federal holidays
The City shall not grant any incentive unless the business submits a full and complete
application and provides additional information as may be requested. The accuracy of the
information in the application is the sole responsibility of the applicant. Upon request the
applicant shall provide supporting documentation. Any misstatementoforerror in fact may
render an application null and void and may be cause for repeal of any ordinance adopted
in reliance of said information.
It is the sole responsibility of the applicant to meet the State guidelines and requirements.
VII. Fees
State Fees
A nonrefundable fee will be assessed for each application. A fee of $750 will be charged
for enterprise project status. A fee of $1 ,500 will be charged to double jumbo enterprise
project status and $2,250 for triple enterprise project status. Enterprise projects will be
assessed 3% on the amount of any refund benefit received under the state enterprise zone
program.
Local Fees
A nonrefundable fee will be assessed for each application made payable to the City of
Corpus Christi in the amount of $200. This is an addition to the state assessed fees for
application.
Appendix A
1. According to the State of Texas economically disadvantaged is defined as:
An individual who at the time of hire:
a. was unemployed for at least three months before obtaining employment with a
qualified business; or
b. receives public assistance benefits, such as welfare or food stamp payments, or a
member of an employee's immediate family receiving supplemental security
Income or Aid to Families with Dependent Children payments. (Food stamps must
be received by the employee only, not a member of the employee's immediate
family.; or
c. has a physical or mental digabiIity (a disability that constitutes or results in a
substantial barrier to employment and can reasonably be expected to benefit in
terms of employability from vocational rehabilitation services. NOTE: Individuals
must be certified by an authorized agency or doctor.); or
d. is homeless (lacks a fixed or regular nighttime residence or whose residence is a
supervised public or private shelter providing temporary living accommodations); or
e. is a foster child (an individual on behalf of whom state or local government
payments are made and for whom a court order removing the child from the
custody of the parent and specifying a manager conservator exists); or
f. is on parole or entering the workplace after being confined in a unit or correctional
facility of the institution division of the Texas Department of Criminal Justice or the
Texas Youth Commission; or
g, is an individual whose total family income meets the low income or moderate
income limits developed under Section 8, United States Housing Act of 1937.
Includes all income by employee, spouse, all dependents, and family members
living with employee as of the employment date.
2. According to the State of Texas job retention projects are available under
limited circumstances. To qualify for a job retention project, a business must
present documentation o the applicant jurisdiction supporting any one of the
following circumstances:
a. that permanent employees will be permanently laid off;
b. the business will permanently close down;
c. the business will relocate out of state;
d. the business is able to employ individuals in accordance with Section 2303.402; or
e. the business facility has been legitimately destroyed or substantially impaired due
to fire, flood, tornado, hurricane, or any other natural disaster and that at least 60
percent of the capital investment is being spent to repair damages resulting from
the disaster.
All of the retaned jobs must be certified by the Comptroller of Public Accounts beforeany
benefits for jobs can be obtained.
3. Chapter 2303 of the Texas Government Code
2303.406 (a) Enterprise Project Designation
The bank [Texas Economic Development Bank] may designate a project or activity of a
business as an Enterprise project only if the bank receives all of the information required
by Section 2303.4052 and determines that the business is seeking job retention benefits
and 10 percent increase in the production capacity of the business will occur.
§ 2303.401 (2) Definitions
"Retained job" means a job that existed with the qualified business before designation of
the business's project or activity as an Enterprise Project that:
A. has provided employment to a qualified employee of at least 1,820 hours annually;
and
B. is intended to be an employment position for at least three years after the date on
which a state benefit is received as authorized by this chapter.
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 13, 2007
AGENDA ITEM:
A. Resolution amending Resolution 027061, adopted on November 14, 2006 nominating
Flint Hills Resources, LP to the Office of the Governor Economic Development
Tourism through the Economic Development Bank for designation as a qualified
business and Tale Jumbo Enterprise Project under the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government
Code.
B. Resolution nominating Stripes, LLC to the Office of the Governor Economic
Development & Tourism through the Economic Development Bank for
designation as a qualified business and Single Retained Job Enterprise Project under
Project
the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter
2303, Texas Government Code.
C. Resolution committing to nominate Valero Refining — Texas, L.P. to the Office of the
Governor's Economic Development & Tourism through the Economic
Development Bank for designation as a qualified business and Triple Jumbo
Enterprise Project under the Texas Enterprise Zone Program under the Texas
Enterprise Zone Act, Chapter 2303, Texas Government Code for an advanced
commitment for the next biennium beginning in September 2009.
D. Resolution committing to nominate CITGO Refining and Chemicals Company, L.P. to
the Office of the Governor's Economic Development & Tourism through the
Economic Development Bank for designation as a qualified business and Triple
Jumbo Enterprise Project (Project) under the Texas Enterprise Zone Program under
the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act) for an
advanced commitment for the next biennium beginning in September 2009.
ISSUE: Projects seeking designation as an Enterprise Project must obtain a nomination
by the governing body of the City of Corpus Christi to the Office of the Governor. Flint
Hills Resources, LP has been nominated for designation for a Triple Jumbo Enterprise
Project receiving three slots under previous Texas governin g statutes. Flint Hills
Resources, KP will make capital investments of $250 million and retain 500 jobs. It is the
request of Flint Hills Resources, LP to reference new language regarding job retention
qualifications in the nominating resolution.
Stripes, LLC has requested the City of Corpus Christi to consider nomination of the
company for one Enterprise Zone slot. Stripes, LLC will make capital investments
exceeding $5 million over the next fi ve years which will assist in meetin g job retention and
growth goals.
Valero Refining — Texas, L.P. has requested the City of Corpus Christi to consider
commitment to nominate the company as a Triple Jumbo Texas Enter rise ro'J ect
receiving three slots for an advanced commitment for the next biennium beginning in
September 2009. Valero Refining — Texas, LP will make capital investments of $250
million and retain 823 jobs.
CITGO Refining and Chemicals Company, LP. has requested the City of Corpus Christi
to
consider a commitment to nominate the company as a Triple Jumbo Texas Enterprise
project receiving three slots for an advanced coy mitmentforthe next biennium beginning
in September 2009. CITGO Refining and Chemicals Company, LP will make capital
investments of $250 million and retain 540.
REQUIRED ED COUNCIL ACTION: Council approval of the resolution.
PREVIOUS COUNCIL ACTION: Flint Hills Resources, LP was nominated by the City of
Corpus Christi Resolution #027061, 061, for a Triple Jumbo Enterprise Zone Project under the
Texas Enterprise Zone Program on November 14, 200 6.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution
amending the nominating Resolution for Flint Hills as a Triple Jumbo Texas Enterprise
Project, as presented. Staff recommends approval of the Resolution nominating Stripes,
LLC for one Texas Enterprise Zone slot, as presented. The 2007 biennium will use four
slots leaving 2 slots available. Staff recommends approval of the Resolutions nominating
Valero Refining — Texas, L.P. and CITGO Refining and Chemicals Company, L.P. as Triple
Jumbo Texas Enterprise Projects receiving three slots each for an advanced commitment
for the next biennium beginning in September 2009.
Irma Ca.. Ilea , irz• a r
Economic Development
BACKGROUND INFORMATION
Under State Law, the Office of the Governor — Economic Development and Tourism
� Tour�srr�
Division through the Texas Economic Development Bank administers the Texas n '
� terpne
Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code, the purpose of the program is to encourage job creation, job � , retention,
and capital investment in areas of economic distress.
A qualifying business is nominated by its local city or county to receive state sales tax
refunds. By granting these incentives to businesses in need, the City � of Corpus Christi
seeks to encourage improvements is and progress and at the same time adhere to the rules
and regulations set forth by the State.
Communities participating in the Texas Enterprise Zone Program are re uired o
t provide
incentives to the project in addition to offering nomination for participation in the
. p p Texas
Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas
Enterprise Zone.
A designated project located in the Texas Enterprise Zone must agree to hire at least 25
percent of their employees from the enterprise zone or economically groups
disadvantaged 9 9 p
and in return will receive a refund of sales and use tax (S UT) p aid to the Office of the
Comptroller. If the project is Located outside the zone, the hi to agree ro'ect must a
p 1 9 re at
least 35 percent of Its new employees from the Enterprise Zone or economically distressed
groups.
The program allows a refund of $2,500 up to $7,500 for each job created or retained.
investment Levels are adequate, the Local nominating governing body may nominate a
project as a Double or Triple Jumbo Project designation, increasing the value per job
created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project
can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate
of up to $3.75 million.
Level of Capital Investment
Maximum
number of
Maximum potential
jbs allocated
refund
$40,000to $ 10
$400,000 to $999,999 25
$1,0O0,000to$4,99999 125
$5,0001000tof 500
$149,999,999
Double Jumbo Project
$150,000,000 to
$249,999,999
Triple Jumbo Project
$250,000,000 or more
500
500
$25,000
$62,500
_ $312,500
$1,250,000
$2,500,000
$3 #750,000
Maximum refu n d
per job allocated
$2,500
$2,500
$2,500____
$2,500
$5,000
$7,500
State Law allows each participating community with a population less than 2 0
� , to
nominate up to four slots per biennium and communities with a population more than
250,000 to nominate up to six slots per biennium. Since the City of Corpus Christi's
population exceeds the 250,000 population threshold, up to six slots can receive
designation during this biennium. A double jumbo project assumes two of the number
of
slots allowable and a triple assumes three.
The City of Corpus Christi has nominated a number of projects including the Greyhound
Racetrack. First Data Corporation, Coastal Refining and Marketing, C1TGO Refini
■ � and
Chemicals Company, L.P., Trinity Towers, L.P., APAC Corporation, and Valero Refining
Texas, L.P. To date, the designated enterprise zone projects have resulted in several
billion in investment in Corpus Christi. These capital investments represent more than
han
one -third of all capital investment in all of the state enterprise zones combined.
Flint Hills Resources, LP: Flint Hills Resources, LP "Flirt Hills" is a subsidiary of Koch
ch
Industries ("Koch"), a privately held corporation and is currently headquartered in Wichita,
to
Kansas. Flint Hills Resources operates refining complexes in Alaska (North Pole),
Minnesota (Pine Bend) and Texas (Corpus Christi) with a combined crude oil ropes `
p s� ng
capacity of about 800,000 barrels of crude oil per day. The company currently has more
than 3,200 employees, including approximately 1 ,400 in Texas.
Flint Hills is a leading producer of petrochemicals and related products, with primary
manufacturing facilities at the Corpus Christi refining complex. The company produces
chemical intermediates — used in the manufacture of items such as polyester resins and
automotive, agricultural and consumer products — from its plant near Joliet, Illinois.
Flint Hills' Texas refining complex receives crude oil and other raw materials via h
to
Corpus Christi Ship Channel and pipelines. With a processing capacity of about 300,000
barrels of crude oil per day, the refinery produces a variety of petroleum products
r p ducts
important to everyday life.
Refined products -- including lour - sulfur gasoline and diesel, and jet fuel — are transported
to San Antonio, Bastrop, Austin, Waco and Dallas /Fort Worth area via company pipelines.
elines■
p p
Due to $1 billion spent and extensive modifications, the refinery is producing cleaner-
burning �
burning fuels which have resulted in significant environmental upgrades at the Corpus
pus
Christi complex in the past decade.
Section 2303. o a D of the Texas Government Code allows a project or activity of
qualified business to be designated an Enterprise Project and receive job retention
benefits if 25% of new employees are either residents of an Enterprise Zone or
economically disadvantaged individuals. Flint Hills anticipates achieving this result.
Flint Hills projects that the Enterprise Zone Project will allow it to retain its existing
employment level at the Corpus Christi refinery with no anticipated layoffs or significant
workforce reductions. The company further understands that 500 jobs will be allocated for
this proposed designation. These retained jobs meet the definition of "retained job" in
Texas Government Code § 2303.401(2).
Flint Hills is proposing to make capital investments of $250 million in re-tooling
improvements to increase the production capacity and market efficiencies of the Corpus
Christi Refinery over the next five years.
Flint Hills is requesting three slots allowed by a Triple Jumbo Enterprise Zone Project
� t
designation. Flint Hills will make capital investments of $250 million and retain 500 jobs.
Stripes, LLC: Stripes, LLC "Stripes" is a subsidiary � of Susser Holdings Corporation
("Susser") currently headquartered in Corpus Christi. Susser is the largest non- refiner
convenience store operator and motor fuel distributor in Texas. Stripes operates over 320
retail convenience stores in Texas and Oklahoma and over 135 Laredo Taco Company
restaurants.
Susser has been in operation since 1938 and has a long history of steady rowth.
Recently, Stripes has obtained the old Wal -Mart building located at 4525 Ayers Street in
Corpus Christi. The company plans to relocate their corporate headquarters and regional
offices to this building. This relocation will consolidate resources thereby assisting in
meeting job retention and growth goals.
Stripes estimates that over the next five years, through expansion, renovation and new
construction, capital expenditures will exceed $5 million, but remain less than $'150 million.
Stripes is currently one of the top twenty convenience store chains in the United States
and expects to add 16-18 new retail locations this year.
Stripes is requesting one Texas Enterprise Zone slot and will make capital investments
exceeding $5 million and retain current jobs.
Valero Refining — Texas, LP: Valero Refiring — Texas, LP ("Valero Refining") " is a
■
r
subsidiary of Valero Energy Corporation ( a Fortune 500 company based in San
Antonio, TX. Valero is the largest refiner in North America with locations in Canada, the
Gulf Coast, the West Coast and the Caribbean. Valero employs approximately 21,000
individuals and has $38 billion in assets.
Valero Refining — Texas, L.P. Corpus Christi Refinery has been recognized as one of
safest refiners in the country by the Occupational Safety and Health Association's
Voluntary Protection Program. The refiner specializes in environmentally clean fuels and
has the capacity to produce 340,000 barrels per day. Approximately 820 individuals are
employed on the facility's 523 combined acres. It has also been considered one of the
most sophisticated and technologically advanced refiners in the world.
Valero operates two refinery locations in the Corpus Christi area. Between these two
locations, the West plant and the East plant, a wide variety of p etrochemical and
petroleum products are manufactured. The West plant produces reformulated gasoline
(RFG) and low-sulfur diesel. It also stands as one of the very few refiners outside of
California to produce California Air Resources Board (GARB) gasoline and diesel. The
East plant produces light products including conventional gasoline, diesel, 'et fuel
propane, butane, light naphthas, asphalt and petroleum coke.
Valero carries a strong record of steady growth in this community. Over the course of
approximately three years, Valero made capital investments of $1.024 billion towards the
Corpus Christi facility. This figure was above the amount committed to in June 2004 of
$511,93 million. Valero is currently retaining 823 jobs in Corpus Christi and has certified
p rt red
500 jobs with the Texas Comptroller of Public Accounts. Valero �
anticipates spending an
p
estimated $250 million over a five year period (2009 through 2014) and retaining the
existing level of employment of jobs.
Valero Refining - Texas, L.P. would like to be nominated for Enterprise Zone designation,
receiving three slots, for an advanced commitment for the next biennium beginning in
September 2009.
CITGO Refining and Chemicals Company, L : CITGO Refining and Chemicals
Company, L.P. ("CITGO") is a subsidiary of CITGO Petroleum Corporation ("CITGO
Petroleum") and is currently headquartered in Houston, Texas. CITGO Petroleum is
owned by PDV America, Inc., an indirect, wholly owned subsidiary of Petr Leos de
Venezuela, S.A., the national oil company of the Bolivanan Republic of Venezuela.
CITGO is recognized as a leading manufacturer, marketer, and transporter of asoline 'et
turbine fuel, diesel fuel, heating oils, lubricants, refined waxes, petrochemicals, asphalt,
and petroleum-based industrial products.
CITGO produces a wide range of conventional and reformulated g asoline to meet the
needs of marketers and retailers. CITGO refineries produce 117 million barrels of
gasoline, 61 million barrels of distillates and 25 million barrels of er jet fuel year.
p
According to CITGO, success has been due to a continued commitment to safe worksites
for employees, environmental stewardship, and a focus on the long -term financial health
of the company through strategic growth and business diversity. CITGO currently
in Christi.
540 jobs n Corpus Christ.
CITGO anticipates spending an estimated $250 million over a five year period (2009
through 201 and retaining the existing level of employment.
CITGO would like to be nominated for Enterprise Zone designation, receiving three slots,
for an advanced commitment for the next biennium beginning in September 200 9.
Chapter 2303 of the Texas Government Code
2303.406 (a) Project Designation
The bank [Texas Economic Development Bank] may designate a project or activity of a
y
business as an Enterprise project only if the bank receives all of the information required
by Section 2303.4052 and determines that the business is seeking job retention benefits
and 10 percent increase in the production capacity of the business will occur.
§ 2303.401 (2) Definitions
"Retained job„ means a job that existed with the qualified business before designation of
the business's project or activity as an Enterprise Project that:
A. has provided employment to a qualified employee of at least 1,820 hours annually;
and
B. is intended to be an employment position for at least three years after the date on
which a state benefit is received as authorized by this chapter.
Page 1 of 4
RESOLUTION
AMENDING RESOLUTION 027061, ADOPTED ON NOVEMBER 14,
2006, NOMINATING FLINT HILLS RESOURCES, LP, TO THE OFFICE
OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM
THROUGH THE ECONOMIC DEVELOPMENT BANK FOR
DESIGNATION AS A QUALIFIED BUSINESS AND TRIPLE JUMBO
ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE
PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER
2303, TEXAS GOVERNMENT CODE
WHEREAS, the City of Corpus Christi "City" on October 14, 2003, passed Ordinance No.
026513 electing to participate in the Texas Enterprise Zone Program, and the local incentives
offered under this resolution are the same on this date as were outlined in Ordinance No.
025513;
WHEREAS, the Office of the Governor Economic Development and Tourism "EDT" through
the Economic Development Bank (Bank) will consider Flint Hills Resources, LP "Flint Hills")
as an enterprise project pursuant to a nomination and an application made by the City;
WHEREAS, the City desires to pursue the creation of the proper economic and social
environment in order to induce the investment of private resources in productive business
enterprises located in the City and to provide employment to residents of enterprise zones and
to other economically disadvantaged individuals;
WHEREAS, under Chapter 2303, Subchapter F of the [Texas Enterprise Zone Act] Texas
Government Code (the "Act"), Flint Hills has applied to the City for designation as an enterprise
project;
WHEREAS, the City has previously nominated Flint Hills as a triple jumbo enterprise project by
Resolution 027061, adopted on November 14, 2006; and
WHEREAS, the City finds that Flint Hills, located at 2825 Suntide Road, meets the criteria for
designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the
following grounds:
1. Flint Hills is a "qualified business " under Section 2303.402 of the Act since it will be
engaged in the active conduct of a trade or business at a qualified business site located
within the governing body's jurisdction located inside an enterprise zone and at least
twenty -five percent (25.0%) of the business' new employees will be residents of an
enterprise zone or economically disadvantaged individuals; and
2. There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the area; and
3. The designation of Flint Hills as an enterprise project will contribute significantly to the
achievement of the plans of the City for development and revitalization of the area, and
4. Flint Hills is located in the Enterprise Zone that is also an area designated by the federal
government as a Renewal Community;
H :LeiDirl haredI U /agendaI 007/11 -1 / e oludonFlintHiIl
Page 2 of
WHEREAS, the City finds that Flint Hills meets the criteria for tax relief and other incentives
adopted Y the City and nominates Flint Hills as a triple jumbo enterprise project on the grounds
that it will be located at the qualified business site, will maintain its existing level of employment
and an increased level of economic activity and stability;
WHEREAS, the City finds that it is in the best interest of the City to nominate Flint Hills as a
triple jumbo enterprise project pursuant to the Act; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE crry OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the findings of the City and its actions approving this resolution taken at the
council meeting are hereby approved and adopted.
SECTION 2. That Flint Hills is a "qualified business," as defined in Section 2303.402 of the Act,
and meets the criteria for designation as a triple jumbo enterprise project, as set forth in Section
2303, Subchapter F of the Act and the designation of the enterprise project as a triple jumbo
enterprise project will count as three designations against the total number designations
allowed.
SECTION 3. That the enterprise project shall take effect on the date of designation of the
enterprise project by the agency and terminate on December 3, 2012.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: November 8, 2007
Gory W Smith
Assistant City Attorney
For City Attorney
H:LegDirfShared !GINS {agendaf 00Tl11 -1 / e olutionFlintHills
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Page 3 of 4
Corps Christi, Texas
day of -- �, 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Flame
Bill Kelly _..
Priscilla G. Leal - -
John E. Mare r..
Nelda Martinez
Michael M C t hon
I- .I ...nirl h rnd1f IAMiztelAtifl21 []C1711 i 3/ReSOIUtiOf FlintHills
Page 4 of 4
THE STATE OF TEXAS §
COUNTY OF NUECES§
1, Armando Chapa, City Secretary. of the City of Corpus Christi, Texas, do hereby
certify that the above and foregoing is a true and correct copy of Resolution Number
passed by the City of Corpus Christi City Council on the this day of
2007.
Armando Chapa
City Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
Armando Chapa, City Secretary of the City of Corpus Christi, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this
Notary P u b l i o, State of Texas
My commission expires:
H:L Dirl hared /GINS /ag nda/2007111 -1 / esolutionFIintHills
day of �- -- - , 200 7.
Page 1 of
RESOLUTION
NOMINATING STRIPES LLC, TO THE OFFICE OF THE GOVERNOR
ECONOMIC DEVELOPMENT & TOURISM THROUGH THE ECONOMIC
DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED
BUSINESS AND SINGLE RETAINED JOB ENTERPRISE PROJECT
UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE
TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS
GOVERNMENT CODE
WHEREAS, the City of Corpus Christi "City" on October 14, 2003, passed Ordinance No.
025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives
offered under this resolution are the same on this date as were outlined in Ordinance No.
025513;
WHEREAS, the Office of the Governor Economic Development and Tourism ("EDT") through
the Economic Development Bank "Bank" will consider Stripes LLC `Stripes" as an enterprise
project pursuant to a nomination and an application made by the City;
WHEREAS, the city desires to pursue the creation of the proper economic and social
environment in order to induce the investment of private resources in productive business
enterprises located in the City and to provide employment to residents of enterprise zones and
to other economically disadvantaged individuals;
WHEREAS, , under Chapter 2303, Subchapter F of the [Texas Enterprise Zone Act] Texas
Government Code (the "Act"), Stripes has applied to the City for designation as an enterprise
project;
WHEREAS, the City finds that Stripes, to be located at 4525 Ayers Street, meets the criteria for
designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the
following grounds:
1. Stripes is a "qualified business" under Section 2303.402 of the Act since it will be
engaged in the active conduct of a trade or business at a qualified business site located
within the governing body's jurisdiction located inside of an enterprise zone and at least
twenty -five percent (25.0%) of the business' new employees will be residents of an
enterprise zone or economically disadvantaged individuals; and
2. There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the area; and
3. The designation of Stripes as an enterprise project will contribute significantly to the
achievement of the plans of the City for development and revitalization of the area, and
WHEREAS, the City finds that Stripes meets the criteria for tax relief and other incentives
adopted by the City and nominates Stripes as a single retained job enterprise project on the
grounds that it will be located at the qualified business site, will retain its existing level of
employment, economic activity and stability;
L-1•1 .ealirl hororli ''_IAig}onrantinf'ifUl7J"I 1 -1: /RpsnfliitinnStrjnes
Page 2 of
WHEREAS, S, the City finds that it is in the best interest of the City to nominate Stripes as a single
retained job enterprise project pursuant to the Act; and
NOW, THEREFORE, BE IT RESOLVED E ` THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION t That the findings of the City and its actions approving this resolution taken at the
council meeting are hereby approved and adopted.
SECTION 2. That Stripes is a "qualified business,„ as defined in Section 2303.402 of the Act,
and meets the criteria for designation as a single retained job enterprise project, as set forth in
Section 2303, Subchapter F of the Act.
SECTION 3. That the enterprise project shall take effect on the date of designation of the
enterprise project by the agency and terminate on December 3, 2012.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: November 8, 2007
( tk-'
G try Wa. smith
Assistant City Attorney
For City Attorney
H:LegDir /Shared /G Slagendal 00711 1- 1 3/Resolut an tripes
Henry Garrett
Mayor
Page 3 of 4
Corpus Christi, Texas
day of , 2006
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut on
H :Leg DiriS haredl W lagendal 007/11 -'1 /Resolution tapes
Page 4 of
THE STATE OF TEXAS §
COUNTY OF NUECES§
1, Armando Chapa, City Secretary. of the City of Corpus Christi, Texas, do hereby
certify that the above and foregoing is a true and correct copy of Resolution Number
passed the City of Corpus Christi City Council on the this day of
, 2007.
Armando Chapa
City Secretary
THE STATE OF TEXAS
COUNTY OF NIECES
BEFORE ME, the undersigned authority, on this day personally appeared
Armando Chapa, City Secretary of the City of Corpus Christi, Texas, known wn to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this day of _, 2007.
Notary Public, State of Texas
My commission expires:
H: Leg Dir/ hared/ W /agendal 007/11 -1 /Resolution tripes
Page 1 of
RESOLUTION
COMMITTING TO NOMINATE ATE VALERO REFINING — TEXAS, L.P. TO
THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT
TOURISM THROUGH THE ECONOMIC DEVELOPMENT T BANK FOR
DESIGNATION AS A QUALIFIED BUSINESS AND TRIPLE JUMBO
JOB ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE
ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT,
CHAPTER 2303, TEXAS GOVERNMENT EI T CODE FOR THE NEXT
BIENNIUM BEGINNING IN OCTOBER, 2009
WHEREAS, the City of Corpus Christi "City's) on October 14, 2003, passed Ordinance No.
025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives
offered under this resolution are the same on this date as were outlined in Ordinance No.
025513;
WHEREAS, the Office of the Governor Economic Development and Tourism "EDT" through
the Economic Development Bank (Bank" ) will consider Valero Refining — Texas, L.P. "Valero'')
as an enterprise project pursuant to a nomination and an application to be made by the City for
the next biennium beginning October, 2009;
WHEREAS, the City desires to pursue the creation of the proper economic and social
environment in order to induce the investment of private resources in productive business
enterprises located in the City and to provide employment to residents of enterprise zones and
to other economically disadvantaged individuals;
WHEREAS, REAS, under Chapter 2303, Subchapter F of the [Texas Enterprise Zone Act] Texas
Government Code (the "Act"), Valero will apply to the City for designation as an enterprise
project;
WHEREAS, the City anticipates that Valero will meet the criteria for designation as an
enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:
1. Valero is a "qualified business" under Section 2303.402 of the Act since it will be
engaged in the active conduct of a trade or business at a qualified business site located
within the governing body's jurisdiction located inside of an enterprise zone and at least
twenty -five percent (25.O%) of the business' new employees will be residents of an
enterprise zone or economically disadvantaged individuals; and
2. There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the area; and
3. The designation of Valero as an enterprise project will contribute significantly to the
achievement of the plans of the City for development and revitalization of the area, and
4. Valero is located in the Enterprise Zone that is also designated by the federal
government as a Renewal Community.
H:1 LEG -DIF \hared\ ary lagendal2007\11 -1 I esolution Valero.doc
Page 2 of
WHEREAS, the City anticipates that Valero will meet the criteria for tax relief and other
incentives adopted by the City and commits to nominating Valero as a triple jurnbo job
enterprise project on the grounds that it will be located at the qualified business site, will retain
its existing level of employment and an increased level of economic activity and stability, upon
filing a full and complete application and providing additional information as requested;
WHEREAS, the City finds that it is in the best interest of the City to commit to nominate Valero
as a triple jumbo job enterprise project pursuant to the Act; and
NOW, THEREFORE, E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS
SECTION 1. That the findings of the City and its actions approving this resolution taken at the
council meeting are hereby approved and adopted.
SECTION 2. That the City council commits to nominating Valero upon filing a full and complete
application and providing additional information as requested as a 'qualified business,,, as
defined in Section 2303.402 of the Act, and as a triple jumbo job enterprise project, as set forth
in Section 2303, Subchapter F of the Act and the designation of the enterprise project as a triple
jumbo enterprise project will count as three designations against the total number of
designations allowed in the next biennium to begin October, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: November 8, 2007
L, ‘it_ ,.,„
Tiiik
Ga VII Smith
Assistant City Attorney
For City Attorney
H:1LE -DtR\ hared\ ary \agenda1200 111- 13\Resolu #ion Valero.doc
Henry Garrett
Mayor
Page 3 of 4
Corpus Christi, Texas
day of
2006
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli on o, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
I-I.11 F{ i iR1 harm#1( nry 12aRn fat Q0711 1 -1311 esolution Valero_doc
Page 4 of
THE STATE OF TEXAS §
COUNTY OF NUECES §
1, Armando Chapa, City Secretary of the City of Corpus Christi, Texas, do hereby
certify that the above and foregoing is a true and correct copy of Resolution Number
ber
passed by the City of Corpus Christi City Council on the this day of
2007.
Armando Chapa
City Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
Armando Chapa, City Secretary of the City of Corpus Christi, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this day of , 2007.
Notary Public, State of Texas
My commission expires: _ --
H :1LE -DIR1 hared\ ary lagenda12007111 -1 Mesolution Valero.doc
Page 1 of
RESOLUTION
COMMITTING TO OMIT ATE CITGO REFINING AND CHEMICALS
COMPANY, L.P. TO THE OFFICE OF THE GOVERNOR ECONOMIC
DEVELOPMENT & TOURISM THROUGH THE ECONOMIC
DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED
BUSINESS AND TRIPLE JUMBO JOB ENTERPRISE PROJECT
UNDER THE TEXAS ENTERPRISE F ISE ZONE PROGRAM UNDER THE
TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS
GOVERNMENT CODE FOR THE NEXT BIENNIUM BEGINNING IN
OCTOBER, 2009
WHEREAS, EAS, the City of Corpus Christi "City" on October 14, 2003, passed Ordinance No.
025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives
offered under this resolution are the same on this date as were outlined in Ordinance No.
025513;
WHEREAS, the Office of the Governor Economic Development and Tourism "EDT" through
the Economic Development Bank ("Bank") will consider CITGO efir ing and Chemicals
Company, L.P. `CITG " as an enterprise project pursuant to a nomination and an application
to be made by the City for the next biennium beginning October, 2009;
WHEREAS, the City desires to pursue the creation of the proper economic and social
environment in order to induce the investment of private resources in productive business
enterprises Iodated in the City and to provide employment to residents of enterprise zones and
to other economically disadvantaged individuals;
WHEREAS, EAS, under Chapter 2303, Subchapter F of the [Texas Enterprise Zone Act] Texas
Government Code (the "Act"), CITGO will apply to the City for designation as an enterprise
project;
WHEREAS, the City anticipates that CITGO will meet the criteria for designation as an
enterprise project under Chapter 2303, Subchapter F of the Act n the following grounds:
1. CITGO is a "qualified business" under Section 2303.402 of the Act since it will be
engaged in the active conduct of a trade or business at a qualified business site located
within the governing body's jurisdiction located inside of an enterprise zone and at least
twenty -five percent (25,0% ) of the business} new employees will be residents of an
enterprise zone or economically disadvantaged individuals; and
2. There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the area; and
3. The designation of CITGO as an enterprise project will contribute significantly to the
achievement of the plans of the City for development and revitalization of the area, and
4. CiTGO is located in the Enterprise Zone that is also designated by the federal
government as a Renewal Community,
H•11 n.nlRIShareri ry Rks enda1200711 1 -133 Resolutio l CITG .doc
Page 2 of
WHEREAS, E S, the City anticipates that CITGO will meet the criteria for tax relief and other
incentives adopted by the City and commits to nominating CITGO as a triple jumbo job
enterprise project on the grounds that it will be located at the qualified business site, will retain
its existing level of employment and an increased level of economic activity and stability, upon
filing a full and complete application and providing additional information as requested;
WHEREAS, the City finds that it is in the best interest of the City to commit to nominate CITGO
as a triple jumbo job enterprise project pursuant to the Act; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the findings of the City and its actions approving this resolution taken at the
council meeting are hereby approved and adopted.
SECTION 2. That the City Council commits to nominating CITGO upon filing a full and
complete application and providing additional information as requested as a "qualified
business," as defined in Section 2303 402 of the Act, and as a triple jumbo job enterprise
project, as set forth in Section 2303, Subchapter F of the Act and the designation of the
enterprise project as a triple jumbo enterprise project will count as three designations against
the total number of designations allowed in the next biennium to begin October, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: November 8, 2007
Ga?y J. Smith
Assistant City Attorney
For City Attorney
H:\LE - DIR\Shar d\ ary \agenda\ OO7\11 -1 \ esolution CITGO.doc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Page 3 of
Corpus Christi, Texas
day of -, 2006
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
HALE -DI \ haredl arry lagenda12DO 7111 -131F esolution CITGO.doc
Page 4 of
THE STATE OF TEXAS §
COUNTY OF NUECES §
11 Armando Chapa, City Secretary, of the City of Corpus Christi, Texas, do hereby
certify that the above and foregoing is a true and correct copy of Resolution Number
passed by the City of Corpus Christi City Council on the this day of
2007.
Armando Chapa
City Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
Armando Chapa, City Secretary of the City of Corpus Christi, Texas, mown to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this day of } 2007.
Notary Public, State of Texas
My commission expires:
HALE -DIF \Shared\ ary lagenda12O07111 -1 \Resolution CITGadoc
18
CITY COUNCIL
AGENDA MEMORANDUM
November 13, 2007
AGENDA ITEM: Resolution amending Selection Criteria No. 7 of the Corpus Christi
Commercial Revitalization Local Strategic Plan.
ISSUE: The Community Renewal Act of 2000 requires local governments and
states that have a federally designated Renewal Community in their jurisdiction to
adopt a plan for allocating the Commercial Revitalization Deductions. The Corpus
Christi Revitalization Local State Plan was approved by the City Council on October
23, 2007. The Plan is being resubmitted to amend the selection criteria Item 7 to
allow for funding to be in place for preliminary phases of project work, and provides
a requirement for assurance /documentation about financial capability to complete
the project.
REQUIRED COUNCIL ACTION: Approval of the amendment, as presented.
CONCLIJSION AND RECOMMENDAT1ON: City staff recommends approval of the
amendment to the Corpus Christi Commercial Revitalization Local Strategic Plan.
Lr7
4Alrma Ca allero, Dire t
r
Economic Development
i av or
}
hristi
City of Corpus Christi
2007 -2008 Renewal Community
Commercial Revitalization Local Strategic Plan
The plan below establishes procedural steps as required by Federal, State and Local
governments, which must be implemented by the Coordinating Responsible Authority
(CoR.A)for the Corpus Christi Renewal Community. The Corpus Christi
p Renewal
Community is allocated $12 million annually to offer tax deductions to eligible businesses.
uses.
These funds will be allocated based upon the following percentages: 85% or $10,200,000 f
for large projects and 15% or $1,800,000 for small projects.
The City Council may vary, alter and/or wave the deadline, selection criteria, selection
iect�on
priorities and point values when such variances, alteration and/or waiver is in the public
interest.
Outreach Process
Notifying the business community about the opportunities and benefits available through
the Renewal Community (RC) program is as follows:
1. Public notice inviting applications for Commercial Revitalization Deduction (CRD)
allocations will be published in the Corpus Christi Caller -Times at a minimum of
once a year indicating deadlines for submitting applications. The Public Notice will
provide applicants a minimum of 30 days notice of the deadline to submit
applications.
2. One to two Renewal Community bus tours will be held each year.
3. Small Business Development seminars will be held in the rin and Fall of each
year.
p g
4. Application information will be available by contacting the CoRA at 361 ) 826-
3850 or via the City of Corpus Christi's web site at:
bI2://www.cctexas.comLeconomjcdeyeIoprnentL
Deadline for Ap • li ati n
Project applications will be accepted through June 30th of each year. At that time all
applications will be reviewed and selected based upon criteria established b y the D.S.
Department of Housing and Urban Development (HUD) and the Governor's Office as
well
as focal priorities established in this plan.
If CRD Tax Credits are still available, another public notice will be issued no later
than the
first week in July of the sarre year.
Selection Criteria
The CoRA will review applications which must meet the following requirements:
1. The expenditures of the project meet the statutory requirement of the allowable
Commercial Revitalization expenditures.
2. The CRD deduction is less than $10 million.
3. The applicant is in good standing with the Texas Comptroller of Public Accounts
and the Texas Workforce Commission has confirmed that the applicant is current
on unemployment insurance tax.
4. The project will add value to the existing tax base.
5. The project proposes to directly or indirectly create or retain a minimum of
ten 10 permanent full- time jobs in the Renewal Community.
6. The project adds residential and/or commercial square footage or
demonstrates an increased property value in the Renewal Community.
y
7.
The applicant has completed the project or has financing in place to
complete the preliminary phase of the project and demonstrates financial
capability to complete the project.
8. The project contributes to the City's Area Development Plans.
9. The project is located in one of the following Renewal Community census
tracts: 1, 3, 4, 10, 11, 7, 50, 5, 13 or 35.
10. The project is eliminating slum or blight in a particular area within the
Renewal Community.
11. The project is appropriately zoned.
12. The project must be completed by the end of the second calendar year in
which the allocation is made. The CRD can be applied to the depreciable
costs of a new building or the costs associated with an existing building
that is substantially rehabilitated.
13. The applicant commits to providing information on permanent jobs
created and retained as a result of the proposed project when requested
by the Economic Development office,
Large Pro'e t Selection Priorities
Projects will be selected for recommendation to the City Council based upon the
following priorities:
1. The project provides residential units in the Downtown area.
2. The project redevelops a vacant building or lot in the Downtown area.
3. The project is located in the Industrial District with significant job creation at wages
es
exceeding $50,000 per year, per job.
4. The project provides for significant job creation at wages exceeding $40,000 per
year, per job.
5. Projects may be given full point value if the capital investment exceeds $10 million.
6. Project is a public /private partnership with the City and/or is a project of the Corpus
Christi Regional Economic Development Corporation (CCREDC).
The chart below provides a point value for scoring of Large projects:
Large Project Selection criteria
Residential in Downtown Area
Redevelopment in Downtown Area
Industrial District Job creation at $50,000 + per ear, er j
Job Creation at $40,000 + per year, er lob
Project Investment exceeds 10 million
Small ProJect Selection Priorities
!LntVae
30
25
20
15
10
Projects will be selected for recommendation to the City Council based upon the
following priorities:
1. The project provides residential units in the Downtown area.
2. The project redevelops a vacant building or lot in the Downtown area.
3. Each job shall pay at least a "living wage ". For the purposes of this Program "living
wage" shall mean that annual amount determined by the U. S. Department of Health
and Human Services for the Corpus Christi area as being at the poverty level for a
family of three, divided by 2,080 hours per year.
4. The project creates between 2 to 10 jobs. Projects may be given full point value if
job creation is 10.
5. Projects may be given full point value if the capital investment is $1 million.
The chart below provides a point value for scoring of Small projects:
Small Pro -e t Selection Criteria
Residential in Downtown Area
Redevelo • m ent in Downtown Area
Job Creation - each sob will • a at least a "livin • wa • e"
Pro'ect creates between -10 'obs
Pro'ect Investment is $1 million
Point Value
30
25
20
15
10
Recommendation will be submitted to the City Manager and City Council for approval.
Submittal to the Governor's Office
Within 10 working days following the approval of applications by the City Council, the
CoRA will submit to the office of the Governor the following documentation:
1. A certification signed by the City Manager as the CEO of the governing body that
the governing body has followed the procedures as indicated in this plan and to the
best of his or her knowledge, each application approved by the City council is
complete and meets the requirements of the Commercial Revitalization Deduction
(CRD) Program.
2. Copy of each application nominated by the city Council to receive the CRD
allocations, public notice for the application process, governing body's motion
nominating the project, reasonable explanation for each project being selected or
denied and identifies the criteria set forth above in the explanation.
3. Ail CRD approved projects must be submitted to the Governor's Office
Y
November 1 of each year.
4. The Commercial Revitalization Local Strategic Plan must be submitted to the
Governor's Office in December of each year.
Annuallitport Requiremer
t
The Renewal Community CoRA will submit an annual report rt t the Community Renewal
Agency (CRA) describing the status of each active project in its jurisdiction receiving CRD
allocations. The annual reports will be due March 1 of each calendar year beginning in
2003 and ending in 2010 and reporting on activity ending December 31 of the previous
will p
year. The report ill include the following information:
1. Status of all projects currently in process in addition to those already in
service (including success stories, press releases, and any other news
coverage).
2. A brief narrative describing the impact of the CRD on the RC.
a Number of direct and indirect jobs both new and retained and approximate
average salary.
4. Copy of the Renewal Community's annual report to HUD.
Page 1 of 2
A RESOLUTION
AMENDING SELECTION CRITERIA NO 7 OF THE CORPUS
CHRISTI COMMERCIAL REVITALIZATION LOCAL STRATEGIC
PLAN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Selection Criteria N . of the Corpus Christi Commercial
.
Revitalization Local Strategic Plan adopted by Resolution No. 027457 on
October 23, 2007, is amended to read as follows:
"Selection Criteria
"7. The applicant has completed the project or has financing in
place to complete the rliminary parse _ f the root and
- -1
demonstrates financial capability to correlate thero't."
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED AS TO FORM: November 7, 2007
tti (If LI)
G r 1) S it
Assistant City Attorney
For the City Attorney
H:1LEG DIR \Sharedl ary lagenda1 007 111- 131Res- ApprovArnend ommercialRevitalizationPlan.doc
Page 2of2
Corpus Christi, Texas
of
2007
The above resolution was passed by the following vote:
Hoary Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:\ LEG -D \hared\ ry \agenda\ 007 '11 -1 31Res-ApprovAmendCCCommercialRevitalizationPlan.doc
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 13.2007
AGENDA ITEM: Ordinance amending chapter 12 "Boats Bays and Waterways," ays, Article!
"In General," Section 12-7 "Bathing, swimming and wading P rohibited in certain waters,"
and Section 12 -31 "Slow, No Wake Zones" of the code of Ordinances, City of Corpus
Christi, to prohibit swimming, bathing and wading in the navigable channel of Packery
Channel and to establish the portions of Packery Channel adjacent to developed � � pad areas
along Packery Channel as a slow, no wake zone; providing a severability clause; , providing
a repealer clause; providing a penalty; providing for publication.
ISSUE: The City has reviewed the navigable waterways from the Kennedy Causeway
through Packery Channel to the Gulf of Mexico to determine the area where "Slow,
Wake" Signs should be installed for safety.
BOARD/COMMITTEE REVIEW: 1IE11 : The Parks and Recreation Department held two public
meetings on the Island for residents to express their concerns about the proposed
establishment of Slow, No Wake" areas. There was mixed reaction at the meetings as to
how the proposed areas and signs would be designated.
REQUIRED COUNCIL ACTION: The City Council must approve the establishment of the
designated area. Once City Council has approved the area, the recommendation will be
forwarded to Texas Parks and Wildlife Department for their review and p blication in the
State Register prior to the designation being finalized.
PREVIOUS COUNCIL ACTION: none
CONCLUSION AND RECOMMENDATION: ►TION: It is recommended that "Slow, No Wake" area
be designated as noted on the attached maps and by Ordinance.
Sally Gavhk, Director
1) Parks and Recreation
Attachment: Background Information
Map
BACKGROUND INFORMATION
Packery Channel was completed in 200 7. Once the channel was opened the area
between Kennedy Causeway and the Gulf of Mexi
BACKGROUND INFORMATION - page 2
The current recommendation does account for the homes along the channel and the
to protect those property rights. While the suggestion was also made to make the entire
area "Slow, No Wake" but not post the signs until there was development, we found this
� s
could not be done legally and the city would have liability in those areas whether a sign
was posted or not. The proposed Ordinance protects the current property owners and
once or if there is additional development along the area a separate recommendation will
have to be prepared for Council.
A second request was to incorporate the Intercoastal Waterway r in the "Slow, No Wake"
area. This area is controlled by the Coast Guard and does not fall under the guidelines for
the City of Corpus Christi.
A second phase of the discussion centered on swimming in the navigable waterways.
Almost everyone agreed that there should be no swimming in the navigable waterways.
Swimming created a hazard to the boaters. However, swimming was not the same as
wade fishing, windsurfing or kite boarding. All of which would be allowed as these are done
close to the bank of the water and do not interfere with navigable waterways. Additional
signs would be placed in areas where this could be a problem.
Page 1 of 3
AN ORDINANCE
AMENDING CHAPTER 12 "BOATS, BAYS AND WATERWAYS,"
ARTICLE 1 "IN GENERAL," AL," SECTION 12- "BATHING, SWIMMING
AND WADING PROHIBITED IN CERTAIN WATERS," AND SECTION!
12 -31 "SLOW, NO WAKE ZONES" OF THE CODE OF ORDINANCES,
CITY OF CORPUS CHRISTI, TO PROHIBIT SWIMMING, BATHING AND
WADING IN THE NAVIGABLE CHANNEL OF PACKERY CHANNEL
AND TO ESTABLISH THE PORTIONS OF PACKERY Y CHANNEL
ADJACENT TO DEVELOPED AREAS ALONG PACKERY Y CHANNEL
AS A SLOW, NO WAKE ZONE; PROVIDING A SEVERABILITY
ABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A
PENALTY; PROVIDING FO PUBLICATION
WHEREAS, the use of the navigable channel of Packery Channel by motorized
watercraft create a condition that is not suitable and safe for public swimming, bathing
and wading; and
WHEREAS, the presence of boat ramps into Packery Channel from the Intracoastal
Waterway eastward adjacent to the area developed by boat ramps and commercial
developments and from the eastern end of the Packery Channel basin, east of the State
Highway 361 bridge westward through the residentially developed area adjacent to
Pakerr Channel pose a risk of collision of vessels and erosion of the shoreline unless
the speed of vessels in the areas is controlled; and
WHEREAS, the City Council has determined that these proposed regulations would
best serve public health, safety, and convenience and the general welfare of the City of
Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 12 "Boats, Bays and Waterways," Article 1 in General," Section
12-7 "Bathing, swimming and wading prohibited in certain waters" of the Code of
Ordinances is amended to read as follows:
Sec. 12-7. Bathing, swimming and wading prohibited in ert in waters.
It shall be unlawful for any person to go into any of the following described
waters for the purpose of bathing, swimming or wading:
6 The navi• able waterwa of Pale Channel from the east side of the
John F. Kenned
Causewa
to the end of the ietties in the Gulf of Mexico.
H:1LE -DIF \ hared\ ary \ fiend 2 OO 111- 13\ORD- Packery h nnel-- noswirr nowake.doc
Paget of
SECTION . Chapter 12 "oats, Bays and Waterways," Article 1 "In General," Section
12-31 "Slow, No Wake zones' of the Code of Ordinances is amended to read as
follows:
Sec. 12-31. slow, No Wake zones.
(a) Alt man-made canals adjacent to and through residential
developments and the entire width of Packery Channel from the line
between 97 deg. 1_3_min. 14.037 sec. west, 27 deg. 37 min. 42A8 sec.
north and 97 deg. 12 min. 59.069 sec. west, 27 deg. 37 min. 42.409 sec.
north, west of adje4R-ing the residential development fronting Packery
Channel eastward to the •oint of intersection of the Pace Channel
Basin and the Packet. Channel Canal at a line extending between 97 deg.
12 min. 42.48 sec. west, 27 deg. 37 ruin. 1. 74 sec. north and 97 deq. 12
min. 44.904 sec. west 27 de • . 36 min. 57.404 sec. north and Packery
Channel from the eastern shore of the Intracoastal Waterway at a line
extending between 97 deg. 14 min. 19.5 sec. west , 27 de q_. 38 rain. 26
sec. north and 97 de • . 14 min. 1 8.075 sec. west 27 de.. 38 min. 9.472
sec. north eastward to a line extending between 97 deg. 14 min. 14.13
sec. west 27 de • . 38 min. 0.014 sec. north and 97 de • . 14 min. 6.4 sec.
w dpk_38 k_38 min. 3.169__s_pc...mrth shall be designated "Slow, No
Wake" zones.
SECTION 3. 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 shalt not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION . That all ordinances or parts of rdin n e in conflict with this ordinance
are hereby expressly repealed.
SECTION 5. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1 -8 of the City Code of
Ordinances.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H:ILE -DIF \hard\ aryS\agenda\ 007\11 -1 3\ORD-Packery Channel—noswimnowake.doc
Page3of3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2007, by the following vote:
Henry Garrett _ -_ Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCut hon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the day of $ 2007, by the following vote:
Henry Garrett , _ Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
APPROVED D A i PASSED on this day of , 2007.
ATTEST:
Armando Chapa, City Secretary Henry Garrett, Mayor
APPROVED: November 7, 2007
Gary . Smith
Assistant City Attorney
For City Attorney
H:\LE RDI 1 hared\ ary laaendal 00111 -1 \O D -P kery Channel—noswimnowake.doc
Packery Channel
Ordinance
k.;t "fto -JV"i L :. -0 .2i lri i -2i- t
City Comicir
f ovemb r 13 2007
Recommendation of Ordinance
1 Amending Chapter 12, "Boats, Bays and Waterways,"
Article 1 "in general," Section 12-7 "Bathing, Swimming
and Wading prohibited in certain waters/' and Section
12-31 "Slow, No Wake Zones" of the code of ordinances,
City of Corpus Christi, to prohibit swimming, bathing and
wading in the navigable channel of ackery Channel and
to establish the portions of ac ery Channel adjacent to
developed areas along Packery Channel as a Slow, No
Wake Zone; providing a severabihity clause; providing a
repealer clause; providing a penalty; providing for
pugblication.
2
Sec. 12 -7. Bathing, swimming and
wading prohibited in certain waters.
• It shall be unlawful for any person
to go into any of the following
described waters for the purpose
of bathing, swimming or wading:
{6} The navigable waterway of
Packery Channel from the east
side of the John F. Kennedy
Causeway to the end of the jetties
in the Gulf of Mexico.
•
A resident wade fishing at Packery.
3
Sec. 12 -31. Slow, No Wake zones
• (a) All man -made canals adjacent to and through residential
developments and the entire width of Packery C annel from t
developments and the entire width of Paclerr c annel from the
line between 97 deg. 13 min. 14.037 sec. west, 27 deg. 37 min.
42.48 sec. north and 97 deg. 12 rain. 59.069 sec. west, 27 deg. 37
min. 42.409 sec. north, west of the residential development
fronting Packery Channel eastward to the point of intersection of
the Packery Channel Basin and the Packery Channel Canal at a line
extending etween 97 deg. 12 min. 42A8 sec. west, 27 deg. 37
min. 1.74 sec, north and 97 deg. 12 min. 44.904 sec. west, 27 deg.
36 min. 57.404 sec. north and act ery Channel from the eastern
shore of the Intracoastal Waterway at a line extending between 97
deg. 14 min. 19.5 sec. west , 27 deg. 38 min. 26 sec. north and 97
deg. 14 min. 18.075 sec. west, 27 deg. 38 min. 9.472 sec. north
eastward to a line extending between 97 deg. 14 min. 14.13 sec.
west, 27 deg. 38 min. 0.01 sec. north and 97 deg. 14 min. 6.4
sec. west , 27 deg. 38 min. 3.169 sec. north shall be designated
flow, No Wake" zones.
4
Public Meetings
• The Parks and Recreation Department held two public meetings in
September; at which time residents were allowed to speak for,
against, or to modify the recommended changes to the current
ordinances.
lst Ptib1i in9
Location: Island in the Son
Date: Sept. 13, 2007
Time: 7pm
Attendance: Over 70 residents
Total number of Speakers: 18
Main Topic: No Wake Zone
# of Speakers FOR: 13
# of Speakers AGAINST:
rid Public Meeting
Location: Holiday -Inn, Sunspree
Date: Sept. 20, 2007
Time:
Attendance: 43 Residents
Total number of speakers: 17
Main Topic: No Wake Zone
# of Speakers FOR: 14
# of Speakers AGAINST: 3
• Only one speaker was against the "No swimming" in navigable
waterways.
6
Written Comments
• For those unable to participate in the
public meetings, citizens were able to mail
in written comments until Sept. 28th,
2007.
• 39 written comments were received.
— 37 For the ordinance as recommended
— 2 Against the ordinance
Alternative solutions and why we
didn't take them
• Change the entire channel to a No Wake Zone.
— Travel time is the biggest factor why this solution was
not taker. We want to attract boaters not discourage
them.
— The alternative solution took between 38 and 42
minutes to get from the Kennedy Causeway to the
Gulf of Mexico
- The recommended ordinance took between 12 and 18
minutes to get from the Kennedy Causeway to the
Guff of Mexico
8
Process
• City Council Approval
• Texas Parks and Wildlife
Approval
- Will be advertised in the State
Register for 30 days
• Implementation
Signage posted
- Enforcement training will begin
scow
WAKE
20
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Briefing on Bond 2008 process
STAFF PRESENTER(S):
Name TitlelPosition
1. George K. Noe City Manager
2.
3.
OUTSIDE PRESENTER(S):
Name
1. None
2.
3.
Title /Position Organization
REQUIRED COUNCIL ACTION: None
PowerPoint
Supplemental information
a
0
eorge K. Noe
City Manager
Bond 2008
Key Policy Issues
• Process for Proposition Development
• Financing Plan and Size
• Funding Cost of Utility Relocations and
Upgrades
1
Process
_I 2000 and 2004 Bond Process
• Staff with Council input develops list of
potential projects for consideration
• Staff presents Financial Plan (size,
timing, tax rate issues, etc.) for Council
adoption
• Iterative process between staff and
Council to prepare proposed package
• Citizen input solicited on Proposal
• Package finalized and adopted
:____t_enacessiakas_arouncl 6 months
2
Overall Schedule
t Bond Categories
• Propositions listed in categories of use
• Streets, Parks, Libraries, Public Safety, Health, Economic
Development, etc.
• Bond 2000 Breakdown
• Streets .o
• Parks and Museum 15,E%
• Health and Public Safety 17.3%
N Bond 2004 Breakdown
• Streets 71.9%
• Public Health and Safety 2%
• Public Facilities °o
• Parks and Recreation 7.8%
• Bayfront Master Plan 12.3%
3
Financing Plan
Financing Plan Assumptions
• Assume Bond Elections on 4 year cycles (2008,
2012, 2016)
• Assume level Debt Service Tax Rate
• Bond Issue Limits:
Fiscal Year
Amount
Debt Service
Tax Rate/$100
2008
$153,400,000
' .1992
2012
$138,825,000
.1992
r
2016 Sour1 On
mil+ i
Utility Costs
Funding for Utility Relocations
4 and Upgrades
• 2000 and 2004 — Utilities paid for all utility
costs
• For Street Projects, Utilities represented 1:1
match
• Alternatives include all or a portion of Utility
relocation to be funded from GO bonds
• Impact is fewer projects but less pressure on
Utility rate increases
5
Status
• Staff is developing 2008 CIP which is
foundation for project candidate list
• Contracts with firms to scope and
estimate are being prepared for Council
consideration
• Need outreach for any "new projects"
from public
• Tour?
Questions, Discussion,
Direction
6
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation on Proposed Amendments to the Platting Ordinance
Intended to Address Issues Related to the Developer Trust Funds and "Dead End"
Waterlines.
STAFF PRESENTER(S):
Name _ TitIe/Position Deoa,tment
1. Juan Perales, Jr. Deputy Director Development Svcs.
2.
3.
OUTSIDE PRESENTER(S):
Name TitlelPosition Or anization
1. nla
2.
ISSUE; During the City Council meeting of September 18, 2007, staff was directed
to develop ordinance amendments necessary to address issues with devetopertrust
fund activity outside of the city limits. Dining the City Council meeting of October 30,
2007, staff was directed to also develop ordinance amendments necessary to
prohibit the propagation of "dead end" waterlines. The presentation is intended to
provide an overview of proposed ordinance amendments to the Council and obtain
input prior to action on the amendments by the Planning Commission, and
presentation to representatives of the development community.
REQUIRED COUNCIL ACTION: None.
WAAL
Robert Nix
Assistant City Manager
Development Services
PowerPoint presentation X
Supplemental information X
Proposed Amendments
to the Platting Ordinance
11/9/2007 1
Primary Intent of Proposed
Platting Ordinance Changes
• Limit developer trust fund reimbursement of water
system extensions to only those within the city limits.
• Prohibit the design and/or construction of "dead ends,
water line segments within the scopes of improvements
failing within the authority of the platting ordinance.
111912007 2
1
Associated or Secondary
Platting Ordinance Considerations
• Exempting developments outside of the city limits from lot or
acreage fees.
• Requiring any development within the ETJ to connect to an
approved treated water supply.
• Clarifying master plan amendment requirements.
• Prohibiting use of wells for potable or fire water supply for any
development within the authority of the platting ordinance.
• Defining and incorporating rough proportionality requirements.
3
Overview of Proposed Platting
Ordinance Changes
• Section V.B.5 is changed to identify requirements for water lines
within the city limits only. New sections V.B.5A and V.B.5B have
been created to identify requirements for water lines outside the city
limits and water lines within newly annexed areas, respectively.
2
Overview of Proposed Platting
Ordinance Changes, contd.
• Section V.B..a, Required Improvements, Minimum Standards for
Waterlines: Proposed changes require that all developments within
the City's Extra - territorial jurisdiction provide access to an approved
treated water supply, instead of only those developments within one
mile of an adequate existing water infrastructure.
• Section . . .c , Required improvements, Minimum Standards for
Waterlines: Proposed changes exclude developments outside of
the city limits from paying lot or acreage fees.
5
Overview of Proposed Platting
Ordinance Changes, contd.
• Section .B. .a , Required Improvements, Minimum Standards for
Waterlines: Proposed changes add paragraphs (1), (2), and (3),
that establish requirements for "Distribution System Looping ", and
prohibition of "Dead End Mains ".
1 Section 1 .B. .b , Required Improvements, Minimum Standards for
Waterlines, Definitions: Proposed changes add paragraphs (13)
and (14), which add definitions for "Dead End Mains ", and
"Distribution System Looping'", respectively.
3
Overview of Proposed Platting
Ordinance Changes, contd.
• Section V.B. .f , Required Improvements, ents, Minix um Standards for
Waterlines: Proposed changes establish a ceiling of $200,000 on
reimbursement of water system extensions as prescribed in the
existing ordinance. Where costs of water system extensions are
greater than $200,000, the reimbursement of costs will be based
on the proposed guidelines of rough proportionality included in new
Section VA, and be subject to City Council approval on a case by
case basis.
11 (9/2001 7
Overview of Proposed Platting
Ordinance Changes, contd.
• Section .B. .f 1 , Required Improvements, ents, Minix ur Standards for
Waterlines: Proposed changes limit acreage fee credits and
reimbursement of costs for qualified water arterial and Arid main
improvements only to developments within the city limits;
• and, in the event that an amendment to either the Water Master
Plan or the Water Distribution Standards is necessary, an analysis
of the impact of the increased demand on the existing water
distribution system will be required, and scope and sequencing of
water system improvements necessary to maintain water distribution
and fire protection standards will be identified,
11/9/2007 8
Overview of Proposed Platting
Ordinance Changes, contd.
• Section V.B.5.f)(2), Required Improvements, Minimum Standards for
Waterlines: Proposed changes limit acreage fee credits and
reimbursement of costs for qualified water distribution main
improvements only to developments within the city limits;
• and, in the event that an amendment to either the Water Master
Plan or the Water Distribution Standards is necessary, an analysis
of the impact of the increased demand on the existing water
distribution systems will be required, and scope and sequencing of
water system improvements necessary to maintain water distribution
and fire protection standards will be identified.
9
Overview of Proposed Platting
Ordinance Changes, contd.
• Section V.B. .j , Required Improvements, Mirnimum Standards for
Waterlines: Proposed changes remove the option of using on site
wells for potable water and/or fire protection in all subdivisions which
fall under the provisions of the Platting Ordinance. (New on-site
wells would only be available to individual properties of ten acres or
more and those properties outside of the City's EN.)
11/9/2007
5
i .:
Overview of Proposed Platting
Ordinance Changes, contd.
• Section 11, Definitions: Proposed changes add Section 111, definition
of "Exaction Requirement'.
• Section VA, "Rough Proportionality of Exactions": Proposed
changes add Sections VA.A. through V . E., which incorporate the
general requirements for implementing rough proportionality
procedures within the Platting Ordinance.
• Section XIII, Appeal: Proposed changes exempt the contesting of
rough proportionality determinations from the existing appeal
processes within the Platting Ordinance, and establish new appeal
processes specific to rough proportionality determinations.
1119/2007
Proposed Schedule for Adoption
of Platting Ordinance Changes
11
• November 13, 2007 Post legal notice for Planning Commission and
City Council public hearings, and presentation to City Council.
• November 14, 2007: Presentation to the Development Services
Advisory Group 1 S G , and presentation to the Planning
Commission.
• November 28, 2007: Public Hearing before Planning Commission
and action on recommendation to City Council.
• December 11, 2007: First public hearing before City Council.
• December 18, 2007: Second public hearing before City Council and
action on adoption.
1119!2007 12
6
L
Presentation Goals
• Obtain City Council input on proposed changes to the Platting
Ordinance related to water system requirements.
• Present proposed schedule for adoption of these changes to the
Platting Ordinance.
• Obtain City Council direction to develop similar changes to the
Platting Ordinance related to the wastewater developer trust funds.
11/9/2007
13
Proposed Platting Ordinance
Concepts for Future Consideration
• Adopt new "process" for evaluating adequacy of fund (based on
results of current efforts to restructure developer trust funds).
• Create a City owned and operated rural water supply district to
provide retail water service within the area outside of the city limits
but within the city's ETJ. (may require the creation of a local
government corporation).
11/9/2007
14
11/9/2007
Questions/Discussion
15
8
Page 1 of 17
AN ORDINANCE
AMENDING SECTION V.B. "MINIMUM STANDARDS" OF THE
PLATTING ORDINANCE TO REQUIRE CONNECTION TO APPROVED
TREATED WATER SUPPLY, TO REQUIRE LOOPED WATER LINES,
AND TO MODIFY THE PROVISIONS FOR REIMBURSEMENT AND
DEVELOPER SHARE OF WATER ARTERIAL AND GRID MAIN AND
WATER DISTRIBUTION LINE CONSTRUCTION COSTS; PROVIDING
A REPEALER CLAUSE; PROVIDING G A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the extension of publi
Page 2 of 17
"v. B. 5. Waterlines.
. The provisions set forth in y...a shall
appl to sections V. . , V.I3.5A and V. . i of the Platt
ordinance.
v. B. 5. a)
r *i
Every
lot within a prosed subdivision failing within the
'urisdiction of the Ci of Co •us Christi Plattin
Ordinance shall be provided with access to an approved
treated water supply. The water system shall be designed
in accordance with the Distribution System Standards
published by the Water Division, Corpus Christi, Texas, in
effect at the time of commencement of water system
construction.
v. B. 5. a) Installation of . ern anent mains in the distribution
stem ti_ka_t_nol.A.ottm_____Tide for Distribution
System Looping required to ensure water
circulation and quality shall be prohibited.
v. B. 5. a) Water main extensions associated with phased
construction that do not fully • rovide for
Distribution System Loo • in shall not be activated
for service beyond the point where looping
requirements are met.
v. B. 5. a) where__ a proposed develorent _ includes area
currently served _by Dead End Mains, required
infrastructure improvements shall provide for
establishing Distribution S stem Loo in and
elimination of the Dead End Mains.
v. B. 5. b) Definitions:
v. B. 5. b) Dead End Main: An water main whether fire,
distribution grid arterial or transmission main that
terminates at a point other than a connection __to
another line or main which p rovides for Distribution
System Looping.
CAjrAordinance amendment october 007\ D- Plattingwaterl l -08 do
Page 3 of 17
v. B. 5. (14) Distribution System Loo in • : Alignment ent r
routiof water distribution mains in minain
with associated # rid or arterial mains that provides
service to each aj oinin roe ui
minimum of two independent routes of water flow.
v. B. 5. c)
For pro se located within the Cit units on the
effective date of this ordinance before any unit of
a subdivision, or single lot, or tract for which the
zoning is other than single- family or duplex use is
completed and the final plat signed, the developer
will be required to pay to the City of Corpus Christi
a lot fee or acreage fee, whichever is greater. If the
subdivision is zoned for single- family or duplex
use, the developer shall pay the applicable lot or
acreage fee for single- family or duplex use,
whichever is greater, plus a surcharge. This
surcharge will apply to all property, new or existing,
when a service tap is applied for. All lot andor
acreage fees and pro -rata fees will be paid to the
Department of Public—Utilities Development
Services prior to the subdivision plat being released
for filing by the City. Surcharges and tap fees will
be paid to the Department of Public Utilities
concurrently with the tap application for water
service on individually platted lots /properties. Wi-ti
ctions .
v. B. 5. f ) (1) Arterial Transmission and Grid Main Extensions
costing $200,000 or less: In the event ef—the
arterial transmission main or grid system is not in
place when required for development, the developer
may shall install that portion of arterial transmission
main or grid main necessary to meet the
Distribution System Standards, Water Transmission
C:\jp\ordinance amendment oetob r 0 7\ D- Plartin water 1 1 -0 .do
Page 4 of 17
Master Plan, and Fire Suppression Rating Schedule,
provided, however the grid system shall be
developed as approximate one mile grids beyond
the existing grid to ensure that sufficient service is
available and further providing that the cost of
installation of that portion of the arterial
transmission main or grid main is $200,000 or less.
Each fire hydrant serving a site of a proposed
develo Tent shall fire flow that meets fire
otection standards for the se of bui ld in
occu anc rand construction ro osed. T
v. B. 5. 0 (1) (Credits: If the developer installs
such arterial transmission main or grid main, the
developer shall be credited for the actual installation
cost up to the amount of his lot acreage fee,
provided an application for credit, including all
cost - supporting documentation, has been submitted
to the
Engineer fepty Director of Development
Services /Special Services Engineer prior to the
installation of such grid main, and is approved by
said
Engineer-Dgputy Director of eeiment
Services ecial services n ineer.
V. B. 5. 0 1 ii. Reimbursements: If the developer
costs for installation of such transmission main or
grid main are greater than the lot/acreage fee, the
developer shall be reimbursed (less any lot acreage
fee credits) from funds available from the Grid and
Arterial Transmission Mains Trust Fund for that
portion of the arterial transmission main or grid
main installed by the developer up to a maximum of
that which is required by the Distribution System
Standards to complete the next grid loop from the
grid system in place or under construction prior to
the developer's installation, i.e., if any portion of a
grid loop is in place or under construction prior to
the developer's installation, the developer may be
reimbursed for completing that grid loop, plus up to
a maximum of one additional grid loop, if such
installation is required by the Distribution System
Standards. Provided, however, in order to be
reimbursed as set forth in this subsection:
C:Vp‘ordinance amendment october 007\O D- Plattin iaterl l- 8.do
Page 5 of 17
v. B. 5. (1) The developer must submit an
application for reimbursement, including all cost-
supporti
Page
analysis _ of the ins .act of the
increased demand on the existing
water distribution system and
identi in the sco a and se uencin
of water ytrr improvements
necessary _ to maintain water
distribution and fire protection
standards at the site of the proposed
development and all tracts of land
along the route of the proposed
transmission or grid main extensions.
The draft amendment to the Water
Master Plan and/or Distribution
System Standards should contain a
recommended sequencing of
construction of transmission or grid
main extensions mss the City—of
the City. The fire flow at each fire
h drant serving the site of r nosed
develo men must meet fire
protection standards for the type of
building occuarr_ and the type of
construction s ro . osed as determined
by the Building Official or the Fire
Marshal.
v. B. 5. f ) (1) (An arterial transmission main or grid
main construction and
reimbursement agreement has been
approved by the City Council before
the developer starts construction.
Such reimbursement shall only be
made when monies are fully
available in and appropriated from
the Grid and Arterial Transmission
Mains Trust Fund. The order of
reimbursement will be determined
according to the date the arterial
transmission main or grid main
construction and reimbursement
agreement is approved by the City
Council.
v. B. 5. 0 (1 A Arterial Transmission and Grid Main Extensions
costing more than $200 00 0: In the event of the
arterial transmission main or grid system is not in
CAjpkordinanee amendment o sober 007\O D- Plattingl ater E I -0 .do
Page 7 of 17
place when required for development, the developer
may install that portion of arterial transmission
main or grid main necessary to meet the
Distribution System Standards, Water Transmission
Master Plan, and Fire Suppressi
Page 8 of 17
. d loop
f7P 1" x fu e f e . fS f'Y!Y * ti l d l
such inst1y l tor yn .which exceeds S
the
amount of the installation cost that is
rouhl fro . ortional to the imn act of the
development on the City an re uired by the
Distribution System Standards and Fire
Su ression Rating Schedule s determined
bar City Council. Provided, however, in
order to be reimbursed as set forth in this
subsecti
V. B. 5.
0
(lam
(ii.) (3)
CAjp\ordinance amendment a tober 0071 D- Plattin Water -08.doc
Page9ofl7
then the amendment must be
submitted to the Planning
Commission for its recommendation.,
and then to the City Council for
consideration.
The submissions for draft
amendments to the Water Master
Plan and/or Distribution System
Standards must address the current
availability of related infrastructure
(including wastewater service,
adequate drainage facilities, and
roads constructed to the standards of
the Transportation Plan) and an
analysis of the impact of the
increased demand on the existin
water distribution s stem and
identify—in the_ scope and seq encin
of water system improvements
necessary to maintain water
distribution and fire _protection
standards at the site of the ro osed
development and all tracts of land
along the route of the proposed
transmission or grid main extensions.
The lraft amendment to the Water
Master Plan and/or Distribution
System Standards should contain a
recommended sequencing of
construction of transmission or grid
main extensions aer ss the—City
s ` ey -- `
rie T irtwarr ent r rttrrl^ 77ni -t r necess ry
♦+iL+ TV R ec
to maintain water distribution and
fire protection standards vithin the
City. The fire flow at each fire
hydrant serving the site of the
proposed develo rnet must meet
r protection standards for the typs
of building o c anc and
constr ti proposed, as determined
by the Building Official or the Fire
Marshal.
Page lof1
v, B. 5. f (1A) An arterial transmission main or grid
main construction and
reimbursement agreement has been
approved by the City Council before
the developer starts construction.
Such reimbursement shall only be
made when monies are fully
available in and appropriated from
the Grid and Arterial Transmission
Mains Trust Fund. The order of
reimbursement will be determined
according to the date the arterial
transmission main or grid main
construction and reimbursement
agreement is approved by the City
Council.
V. B. 5A. Waterlines outside the ii limits. For • ro serty located outside
thiy1ints but within the 's extraterritorial jrisdiction and
within the Ci 's certificated area for water service the followin
shall apply. For the r aes of this section V.B., property shall be
deemed to be outside _the city limits if the property was not
included within the ci limits on the effective date of this
ordinance. Ci Council ma determine that the .ro • osed
development outside the city limits be treated as a development
within the et limits , B. 5. if the • ro . osed develo rent is
found to determine a superior public interest or provide a superior
public benefit. A superior public_ interest or a superior public
benefit, by wly of _description and not limitation, may include
affordable housing, economic levelo meat or the . ro se is
scheduled for annexation within three ars,accordin to the
City's annex ti r plan.
B. 5A. a) Surcharges and tap fees will be s aid to the -Uti1r Billing
Office concurrentl with the to. a • • lication for water
service on individual)
lasted lots/
ro
ernes. Lot and
acrea. a fees shall not be char. ed on property outside the
city limits.
V. B. 5A. -b- Arterial Transmission and Grid Main Extensions: In the
event of the arterial transmission main or grid system is not
in ' lake when re • uired for develo ' ment the develo • er ma
install that portion of arterial transmission n main or rid
main necessary to meet the Distribution System Standards,
Water Transmission Master Plan and - _Fire _Sumession
Rating _Schedule, - provided, however the system shall
\jplordinance amendment October 20071ORD-PlattingWateril-08.doc
V. r 5A. Y
Page 11 of 1
be developed as as . roximate one mile . ' ds beyond the
existing wicllo ensure that sufficient service is available.
Reimbursement. In the event the arterial transmission main
or Ls ' d s stem re • uired to serve the develo . ment was
installed by another then the develo • er shall be required to
a an arr ount a ual to the cost of installation of the
arterial transmission main or 'd s stem re • uired to serve
the development determined on a • rorata basis. The City
shall , collect from a developer connectin . to the main
installed by another a prorata reimbursement based on
capacity used•
$ProRata Reimbursement = ($Cost of additional capaci r
1_ otal demand created b /Total
additional capacity originally rovided b revious
development)
Where:
Cost of additional ca • ai = Total cost of s stem
installed byoriginal de relo er - Estimated Cost of
minin urns stem r uired to service only_ on in l
devilment* as approved by City ineer
plus interest at the rate paid for the bonds issued prior to
corn • letion of the water line . er annum until said until
cost of excess capacity is reimbursed.
V. B. 5B._ Waterlines_ in newly annexed territory. For Droperty located
outside the ci limits but within the Ci 's extraterritorial
jurisdiction and within the City's certificated area for water service
on the effective date of this ordinance but later _annexed into the
Ci the followin • shall a • • l . Cit Council ma determine that
the proposed development in newly annexed territory be treated as
4ve1Qpmentjtihin the city limits V. B. , if the propo§ed
development is found to determine a su serior public interest or
provide a superior public benefit. A superior public interest or a
superior public benefit, by way of description and not limitation,
ma include affordable housin * economic develo • ment or the
property was annexed pursuant to the City's annexation lan.
v. B. 5B. a) - Before any unit of a subdivision, or single lot, or tract for
which the zonin is other than sin # 1e-famil or du • lex use
is completed and the f nallat sign_th developer will be
required to pay to the City of Corpus Christi a lot fee or
acreage fee whichever is greater. If the subdivision is
zoned for sin le -famil or du • lex use the develo • er shall
pay the applicable lot or acreage fee for stele- family or
dlex use whichever is greater, plus a surcharge. This
CAjp‘ordinance amendment october 0071 F D- Platting/ aterl 1-08.doc
Page 12 of 17
srchar. * e will a•ly to all property, new or existinwhen
a service to ' is a died for. All lot andor acrea a fees and
ro -rata fees will be
aid to the Ike • artment of
Development Services prior to the subdivision plat being
released fir filing
b the City. Surchar es an ap fees will
be paid to the Utility Billin. Office concurrentl with the
tap application for water service on individually platted
lots • ro • erties. If lot and aer a } e fees were not s aid at the
time of • lattin • of the property, then lot and acreage fees
shall be charged prior to the jrne n re 1at of the property
or ,may part thereof is filed for record.
v. B. 5B. b) Arterial Transmission and Grid Main Extensions: In the
event of the arterial transmission main or grid system is not
jpptace when ruined for develo • rent the developer may
install that portion of arterial transmission main or grid
main necessary to meet the Distribution System Standards,
Water Transmission Master Plan, and Tire Suppression
Ratin Schedule . rovided however the # rid s stem shall
be develo
ed as a
91
roximate one mile
ids be and the
existing grid to ensure that sufficient service is available.
V. B. 5B. e Reimbursement. In the event the arterial transmission main
or grid system to serve the development was
installed by another, then the developer shall be required to
pay an amount equal to the cost of installation of the
arterial transmission main or s stem re . uired to serve
the development determined on a prorata basis. The City
shall collect from a developer connecting to the main
installed by another a . rorata reimbursement based on
capacity used;
$ProRata Reimbursement= ($Cost of additional capacityl
2L(Total demand created by new development Total
additional capacity originally provided by_previous
deveIopment
Where:
$Cost of additional capacity= (Total cost of system
installed by original- leveloper stirrrated...Cost of
minimum system required to service gnly ors final
development as a roved b En it inecr
plus interest at the rate paid for the bonds issued prior to
completion of the water line per mum until paid, until
cost of excess capacity is reimbursed.
CAjp\ordinance amendment o tob r 7\ D- Plattin i ateri I -08.doc
Page 13 of 17
v. B. 5. 0 Distribution Main Extensi
Page 14 of 17
Dewy -- DirectorLDeve1opment of
Services Spe 1 Services En ineer
prior to the installation of such
distribution main; and
v. B. 5. 0 (2) (If the location or size of the
developer's proposed distribution
main is not consistent with the City's
Distribution System Standards and
Fire Suppression Rating Schedule,
the developer's application for
reimbursement may not be
considered until an amendment to
the Distribution System Standards
has been approved by the City
Council. The developer must
prepare and submit a draft
amendment to the Distribution
System Standards to the Directors of
Engineering Services and the
Assistant City Manager for
Development Services. If the
assistant Ci Manager for
Development Services and the
Director of Engineering Services
approve the proposed
amendment, the amendment must be
submitted to the Planning
Commission for its recommendation
and to the City Council for
consideration.
v. B. 5. 0 (2) (The submissions for draft
amendments to the Distribution
System Standards must address the
current availability of related
infrastructure (including wastewater
service, adequate drainage facilities,
and roads constructed to the
standards of the Transportation Plan)
at the site of the proposed
development and all tracts of land
along the route of the proposed
distribution main extensions. The
draft amendment to the Distribution
C:\jp\ordinance amendment October 0 7\O D- Piatti waterl I-08.doc
Page 15 of 17
System Standards should contain a
recommended sequencing of
construction of distribution main
extensions
per's s
r Necessary
to maintain water distribution and
fire protection standards with the
City's service area.
v. B. 5. 0 (2) (An distribution main extension
construction and reimbursement
agreement has been approved by the
City Council before the developer
starts construction. Such
reimbursement shall only be made
When monies are fully available in
and appropriated from the
Distribution Mains Trust Fund. The
order of reimbursement will be
determined according to the date the
distribution main extension
construction and reimbursement
agreement is approved by the City
Council. In instances where
properties are adjacent to a
distribution main installed by others,
a front foot pro -rata fee per foot will
be charged for that portion of the
main fronting the property, to be
paid when the property is
developed."
SECTION 2. That Section V. , ,j , "Required luired Improvements; Minimum Standards;
Waterlines," of the Platting Ordinance is repealed:
v. B. 5. j)
s
1 ;
i
IR
the lot is
C:\jp\ordinance amendment October 007\O D- PlattingWaterl 11-08.doc
Page 16 of 17
co7
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force
and effect for its purpose.
SECTION 5. 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 6. That publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall take effect upon and after publication of this ordinance.
C:\jp\ordinance amendment October 007\ RD- Plat"tingWaterl 1 -0 .doc
Page 17 of 17
That the foregoing ordinance was read for the first time and passed to its second reading on this
the �_.. day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel' Michael McCutchon
hon
Bill Kelly
PASSED AND APPROVED, this the day of , 2007.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: November 7, 2007
By:
Gary W. Smith
Assistant City Attorney
For City Attorney
C:\jp\ordinance amendment ()tuber 071 F D- Plattingl ater! 1 -0 ,doc
Page 1 of
AN ORDINANCE
AMENDING THE "CORPUS CHRISTI PLATTING ORDINANCE" BY
AMENDING SECTION XIII; BY ADDING NEW SECTIONS VA, XIII.A.,
AND XIII.B; TO PROVIDE FOR DEVELOPMENT EXACTIONS
DETERMINATION AND AN APPEALS PROCESS; PROVIDING A
REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE
WHEREAS, House Bill No. 1835, effective June 18, 2005, added Texas Local Government
Code Section 212.904, and requires municipalities to make a determination of rough
proportionality when requiring a developer to bear a portion of the costs of municipal
infrastructure improvements through dedications, payment of fees, or payment of construction
costs; and
WHEREAS, the City Planning Commission and the City Council, in accordance with the
Charter of the City of Corpus Christi, the state law, and the ordinances of the City of Corpus
Christi, have given the required notices and have held the required public hearings regarding this
amendment to the City of Corpus Christi Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That Section II, "Definitions" of the Corpus Chri
Page 2 of
VA. . INDIVIDUALIZED DETERMINATION. The Develo. rnent Services En sneer
shall conduct an anal sis of the im • act b the s a ecific proposed
de� rrient.
C. DEVELOPER'S REPORTS STUDIES AND INFORMATION. The Develo meet
Services Engineer may require the developer, at the developer's expense,
to submit an stud . report or other information to assist in making the
proms reality determination.
VA. . DEVELOPMENT SERVICES ENGINEER REPORT. In order to as .rove an
exaction re
uiren r t -- as Tougily proportional, to the im t of the
ro • osed develo . ment the Develo ' rent Services En ineer shall re • are
a report which measures the impact of the proposed dement in a
meaningful way, and shows how the impact, thus measured, iq roughly
proportional in nature and extent to the exaction requirement.
A. E. INCORPORATION OF DETERMINATION BY PLANNING COMMISSION. The
determination of • ro • rtio ali and an re • rt on the issue made b the
Development Services En. sneer shall be into • orated in the planning
Commission's decision on each tat a 1jeation,"
SECTION 3. That Section XIII, "Appeal," of the Corpus Christi Platting Ordinance is amended
to read as follows:
"XIII APPEAL.
XIII. A. - GENERALLY. . Any subdivider contesting any disapproval and/or the
interpretation anchor application of any rule, standard, regulation,
determination, requirement, or necessity set forth in this Ordinance
directly, with the exception of a rough proportionality , determination
the Development_ Services Engineer per _ §VAS or by delegation of
authority, shall have the right, after filing a written request with the
Secretary of the Planning Commission, to have a hearing thereon before
the Planning Commission within twenty --one (21) days after the date of
filing of such request. Any subdivider not satisfied with the ruling of the
Planning Commission, shall have the right to appeal such rulings or
decisions to the City Council of the City of Corpus Christi by giving
written notice to the City Secretary within fifteen (15) days after the final
hearing before the Planning Commission. ion. The fee for processing an appeal
is published in the Development Services fee schedule, Article XII,
Chapter 14, Code of Ordinances. The City Manager may also appeal such
rulings or decisions to the City Council in accordance with the same
provisions, if the Planning Commission is not in compliance with the
Ordinance.
CAjp\ordinance amendment oetober 2071 1 D- Plattin exaction 11-08-07 and final.do
Page 3 of
XIII. a ROUGH PROPORTIONALITY OF EXACTIONS.
XIII. B. 1. No Waiver. The Ci ma not re • uire a develo • er to waive the
right of appeal authorized by this section as a condition for
goal of a development ro' ect.
XIII . B. 2. Plannin C m ission A • seal. Should a develo • er not au ee with a
determination of proportionality made per §V A, the developer may
present a study contesting the dterrnination proportionality.
The develo • er shall • resent such a stud to the P tannin •
Commission at the time the developer's application is considered.
• •
licant's a eal shall waive the statuto time for as • r vin or
•i
disapproving plats. _Applicant's , appeal shall designate which
facility exactions) is /are being contested and shall include the
study supporting applicant's contest_ of the r ortionali
P ty
determination. At the appeal the developer may present evidence
and testimony under procedures adopted b t.City. After hewn g
any testimon and reviewin the evidence the Plannin
Commission shall make its determination within thirty (30)
calendar days from the date of the final submission of an
testimony or evidence b the develo • er.
XIII. B. 3. City Council Appeal. A developer who d spates the determination
made by the Planning Commission ma a • • eal to the Ci Council
byfiJirig.yI1jtten_notice of a eat within
thirty (30) calendar days from the date of the Planning
Commission's determination. Applicant's appeal shall designate
which fa ilia actin is /are being contested and shall include
the study supporting applicant's contest of the proportionality
determination. At the appeal, the developer maprsnt evidence
and testimony under procedures ado to the �i . fit council
shall hear the appeal within thirty (30) calendar days from the date
the _weal is filed and shall make a final determination within
thirty 30 calendar clays from the date of the final submission of
any _ttimonr evidence by the developer. The plat, as approved
by the Planning Commission shall be revised to conform to the
decision of City Council._
XIII. B. 4. Judicial Appeal. A developer may appeal the determination of the
City Council to a county or district court of the county in which the
develo meat •ro`ect is located within thirt 30 calendar da s
from the date of the final determination by the Ci Council."
SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
CAjp\ordinance amendment oemober 07\O D- Plattrn exa tiori 11-08-07 and fnal.do
Page 4 of 5
SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force
and effect for its purpose.
CAjpkordinance amendment october 200 \O1 - Plattinge a tion 11-08-07 and final.doe
Page 5 of 5
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of , 2007, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED AND APPROVED, this the day of , 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: , 2007
By:
Gary W. Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C:\jp\ordinance amendment o toter 007\O D- Plattingexa tion 11-08-07 and final.doc
22.
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Corpus Christi Regional Economic Development Corporation
(EDC) Quarterly Report
STAFF PRESENTER(S):
Name
Title/Position De • artment
1. None
2.
3.
OUTSIDE PRESENTER(S):
Name Title/Position Or • anization
1. Roland Mower CEO EDC
2.
3.
REQUIRED COUNCIL ACTION: None
PowerPoint
Supplemental Information: Strategic Plan for Action
2
Table of Contents
I. Introduction page
11. The Importance of PRIMARY Jobs page
111. The CCREDC and its Role in Our Community page
ik Overview page
A. Where we've been
B. Where we are today
. The CCREDC 5-Year Strategic Plan for Action 200 7-2012
A. Economic Targets
B. Job and Wage Targets
A. Components of the Plan
A. Existing Industry Program
1. Program Action Steps
2. Program Performance Measures
B. Employer Attraction Program
1. Program Action Steps
2. Program Performance Measures
VII, The Future --The Cornerstones of our Economic Growth
A. Development of a Globally Competitive Workforce
1. Strategic Focus
13. Development of Premier Business Parks & Building Resources
1. Strategic Focus
C. Development of Innovation infrastructure
1. Strategic Focus
D. Expansion of our international Presence & Involvement
t Strategic Focus
pages 7-8
pages 9-11
pages 12-14
11ill. Conclusion page 15
3
I. Introduction
Imagine...
a successful community that works together to achieve common goals that lead to prosperity for
everyone...a community that works to renew and rekindle personal and community economic
opportunities...a community that utilizes its resources to their fullest potential to create, grow, and
sustain quality economic growth that is sensitive to the natural resources and environment.
We didn't get to where we are today by thinking small. Our ancestors were giants...tlne vaquero,
the rancher, the wildcatter, the shipbuilder, the educator, the merchant To them, the bigger the
challenge, the better. They didn't shy away from the future; they embraced and molded it into what
our community is today.
Let us rededicate ourselves to that can-do spirit, that ability to look at ourselves honestly, change
the things that are holding us back and take a firm grasp, an ownership of the future. The Corpus
Christi Region is poised to attain the many opportunities that are being created by the new global
economy. Success and prosperity for all will require that we ignite our imaginations and embark on
a journey that will lead us to a better future. This strategy is a roadmap of that journey and
combined with other efforts in the community, everyone will experience prosperity.
Working together, this vision will become reality!
On behalf of the citizens of the Corpus Christi Region,
The Board of Directors
Corpus Christi Regional Economic
Development Corporation
4
U. The Importance of PRIMARY Jobs
Our economy's growth is heavily dependent upon money flowing into this area. The best way to bring
money into our area is to import 11 through primary industries. These primary industries, both large and
small, produce products or services that are consumed by people outside our community. When people
outside our community buy these products, new money flows into our area in the form of new payrolls and
taxes. This money then circulates, increasing the earnings of all other businesses and tax revenues as well.
As our primary businesses increase, the quality of our economic base grows. So, as you can see, primary
industries are very important to our community because they have the maximum positive impact on our
economy.
For this we will continue to focus on primary industries that pay wages higher than the area's average and
on companies that need our area's assets and who provide the greatest impact. We will continue to support
the primary companies who are already here and help them expand. By doing so, the standard of living
rises for everyone, the tax base expands, government services improve, schools, parks and everything else
benefits. It's called prosperity. True prosperity, however, can only be achieved if the entire community
unites together behind a strong economic development effort.
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5
111. The CCREDC and its Role in Our Community
The Corpus Christi Regional Economic Development Corporation (CCREDC) is a nonprofit corporation
whose mission is to expand and enhance the region's economic base by developing and/or
supporting projects that create primary jobs.
The CCREDC works to attract new high paying primary Jobs to the area and, supports and
advocates on behalf of our existing industries. The CCREDC is developing processes to encourage
entrepreneurial development of primary jobs within the community. The CCREDC serves as the vital
single point of contact and research clearinghouse for companies looking to come to our area and
for companies who are already here.
The important role performed by the Corpus Christi Regional Economic Development Corporation
cannot be overstated. We are the "go -to" organization when it comes to attracting, retaining,
expanding, and developing primary jobs in our community. That's our job; that's our focus; that's
what we do best!
While attracting and retaining primary jobs to our area is critically important, the role of the CCREDC's
mission encompasses much more. The CCREDC serves as a catalyst - building regional collaboration
among our economic development partners. In this role we not only take the lead in addressing
obstacles that stand In the way of the community's economic success, we also bring forth
strategies to enhance the region's prosperity.
This document is the CCREDC's strategic plan — our organization's roadmap for organizing, coordinating
and leading the expansion of our entire region's economic base.
We understand our mission.
We have planned our work and now we will work the plan.
We will succeed.
6
Iv. Overview
A. Where we've been.
Make no mistake about it, during the 1980's and 1990's, South Texas went through a difficult economic
period. However, between 2000 and 2004 we saw significant improvement. Our overall job growth for the
last five years is in the top half of the nation's 361 metropolitan areas. Between 1 999 and 2004 we
experienced a net gain of 10,300 jobs, and this was during a period in which many areas in the nation
suffered net losses in total jobs.
B. Where we are today.
Participants in the Corpus Christi Regional Economic Development Summit in January 2006 were asked
how aggressive should the Corpus Christi community be regarding its economic development program?
The response was resoundingly strong — very aggressive! Although we've seen positive changes in our
economy since 2000, the participants recognized that the community must significantly increase its efforts to
ensure sustained economic growth through a consistent generation of key, quality primary jobs.
The POLICOM Corporation annually ranks the economic strength of MSAs. These rankings are based on
several factors including wages, job creation, and per capita incomes. The economic strength rankings for
Corpus Christi are as follow (out of 361 MBAs)
100
200
300
•
Year
4
•
44
A primary goal of the CCREDC is for our AMA's economic strength to rank in the top 20% in the
nation.
The following is a plan of how we do it.
T
v. The CCREDC 5-Year Strategic Plan for Action 2OO7 2012
In order to fulfill our mission, which is to expand and enhance the region's economic base by
developing and /or supporting projects that create primary jobs, the Corpus Christi Regional
Economic Development Corporation has developed a five -year strategic plan. The CCREDC will play
a direct role in primary job attraction and the retention and expansion of our existing primary
employers. The CCREDC will serve as a catalyst, supporter and facilitator on other key issues that
affect the community's long- term economic competitiveness and prosperity.
This strategic plan has been developed with two key criteria in mind.
A. Economic Targets
We will target primary industries that provide a wage structure that will support the needed growth of our
economy. These industries include:
Extraction (support activities for the oil and gas industries)
• Electric power generation
• Petrochemical
Fabrication
Electronic retailing
• Water transport (overlaid photos representing the targeted industries)
• Warehousing
•
Knowledge-based businesses
• Professional services
• Enterprise management
While these targets of today are based on current economic realities, they may be replaced by other targets
in the future. The CCREDC has the agility to adjust its strategic focus and allocate resources to the targets
that offer us the greatest opportunity.
In addition to our targeted primary industries, there are other emerging economic sectors which we will be
prepared to accommodate and attract. These include:
Energy technologies and development
• lariotechnoloy
• Coastal marine research
. Job and Wage Targets
Job growth — is important but of even greater significance to the community's economic future is the quality
of the jobs.
We will support the creation of primary jobs that boost our average per capita income. The POLICOM
Corporation, after assessing the economy in Corpus Christi, recommended the following primary job and
wage targets that will be necessary to create economic growth:
Year
1
00=
2007
} ' 2008
New Jobs
180
339
497 ,.
510
523'
536
570.
605 = .
622
656
729
807.
Job and Wage Targets
New .Job Wages
$44,558
46,410
47,798
48,823
49,875
50,954
52,951
Area Ave. Wage
$32,904
U
% of Area Ave.
135%
137%
137%
136%
135%
134%
135%
135%
134%
133%
132%
132%
132%
131%
129%
128%
128%
126%
125%
124%
56,431
57,862
59,331
61 ,235
63,118
64,694
43,427.
44,878' _
46,384...,
47,946:'.
49,561
51,231
14,000
73,949
75,936
- a
77,973
These targets represent net -new primary jobs for the community. The growth may be from the expansion of
existing companies, attraction of new companies, or creation of new jobs through entrepreneurial activities.
Notes on Measurement:
We need to establish reliable and meaningful statistical goals to measure our economic progress
and guide our strategic planning.
The traditional measurement standard of "Jab count" does not adequately report describe or reflect
if our economy is growing stronger. Measuring an economy's health requires a more complete set
of metrics including retail sales, home sales, per capita incomes, bank deposits and average wages.
The net increase In primary jobs and investments will be reflected in positive changes in these
economic indicators.
The following sections detail our action plan to meet these targets.
W. Components of the Plan
A. Existing Industry Program
9
The existing industries of Corpus Christi are an important source of new economic growth and vitality.
These companies are already vested in the community, employing people and paying taxes.
Communities somet mes underestimate the importance of what we refer to as an 'Existing Industry
Program: Remember, it is much easier to support an existing company's expansion than to recrurt a new
company to move here.
Research has shown that up to % of new jobs are created by existing businesses in a community
rather than by those that relocate to a community. (Dr. David Birch, Massachusetts Institute of
Technology and Cognetics, Inc.)
A very important element of an 'Existing Industry Program" is to have a clear, identified advocate or °go to
organization for the primary industries. This goes well beyond the development of financial incentive
packages. An effective program serves as a conduit for the communication of information to the
community's decision - makers; it supports the existing industries and assists them with community issues.
The C REDC's Existing Industry Program will do what is possible, reasonable, and equitable to keep
existing primary companies operating, employing people and paying taxes. The CCREDC Existing Industry
Program will encourage and support the expansion efforts of the community's existing primary employers.
1. Existing Industry Program Action Steps 2007/2008
Develop a program name and logo for the Existing Industry. Program in order to provide an identity and
community awareness.
• Develop a mechanism that will establish the CCREDC as the central advocate and "go to organization for
primary employers in the Corpus Christi area.
•
Identify the primary employers in the Corpus Christi area, both manufacturing and nonmanufacturing and
develop a database of these employers with essential contact and product information.
• Create and implement a problemlissue resolution team to address needs identified through surveys,
visitations, and other employer contact.
Administer a standardized survey to all primary employers and issue a report on the findings.
• Visit 75 primary employers to increase CCREDC's understanding of the companies and issues they may
face. The ultimate goal is to visit with each primary employer annually.
• Recognize 10 primary employers each year through appropriate activities.
0
• Develop and implement a mechanism to track net new jobs created and capital investments made each
year by the existing primary employers. Report the creation of new jobs and investments in which the
CCREDC provided leadership and assistance. Report the economic impact of the total new activity in which
the CCREDC played a role.
Existing Industry Program Action Steps 200812012
Change the Action Plan, as needed, to reflect changing conditions or needs as identified by the Program
through economic conditions, surveys, visitations or other input forms.
CONTINUE:
Primary employer advocacy and action.
• Resolving, as necessary, issues and concerns identified by the area primary employers; administering
annual surveys; reporting findings; identifying issues and concerns.
• Visitations to primary employers
• Primary employer recognitions
• Annual reports of net new jobs and investments and the role played by the CCREDC
2. Existing Industry Program Performance Measures:
Primary employers database developed, maintained, and updated.
Annual survey conducted and report issued.
Effective and functioning problem resolution teams established, implemented, and sustained.
Industry visitations implemented and sustained
B. Employer Attraction Program
The CCREDC's Employer Attraction Program will increase the number of primary employers in Corpus
Christi. This will help to diversify the economy which will cause the economy to become more stable, larger
in size, and better in quality. Every community, especially in today's dynamic and volatile economic
environment, must work consistently to attract new pri mary employers to ensure the local economy will
continue to expand.
Corpus Christi needs to create approximately 14,000 new primary jobs over the next 20 years to
have positive growth in the economy. Global Setting Study, POLICOM Corporation, 2006
Marketing communities today involves a different set of tools and techniques than in the past. To be
effective in today's economic environment it is important to use a rifle rather than a shotgun. All programs
must be adaptable and flexible to be able to reach the marketplace that will best attract new jobs and
investments. Long gone are the days of brochures, videos, and mass mailings. Today it is about innovation,
data, and building trusting personal relationships. The Internet has fundamentally changed the way
11
companies analyze potential new facility locati
12
VII. The Future —The Cornerstones of our Economic Growth
Our economic future depends on how well our community accomplishes four things:
• The development of a globally competitive workforce
• The development of publicly- owned business parks and building resources
• The development of an Innovation' infrastructure
• The expansion of our international presence and involvement
Over the past five years the competition for new jobs and investments has dramallcally increased in the
United States. Communities are looking for new ways of positioning themselves for success. Our success
will depend on the quality of our vision, commitment, and innovation. Utilizing old approaches and
techniques or taking a 'gait and see" attitude will lead to failure and a declining local economy. Thinking big
and bold action, coupled with a long - terra focus, will lead us to success.
The following Cornerstone initiatives affect the community's economic competitiveness and future well-
being. These initiatives are not the sole responsibility of the C R D . They are community issues and must
be addressed through community focus, cooperation, and collaboration. There is a need for a campaign to
tell the nation and world that Corpus Christi is an excellent place to live, work, and play. It would be a
campaign that consistently tells the good news" about our community from every facet and organization,
both public and private. In order to maintain a consistent message, the campaign must be coordinated
through one point and involve the participation of all entities that have a role in making this such a wonderful
community. This is not intended to take the place of campaigns of existing organizations but would be
designed to enhance and complement such initiatives.
A. Development of a Globally C m t i t i v Workforce
Like everyone else, we're in the people business. Our economic goals can only be achieved with a quality,
skilled workforce. Such a workforce is absolutely essential if we want to compete in the global economy
over the long haul. Absent an aggressive strategy to address this issue, our regional economy will become
less and less competitive.
A swiftly rising number ofAmeri an workers at every skill level are in direct competition with
workers in every corner of the globe.
STRATEGIC I FOCUS
The CCREDC proposes that a Workforce Competitiveness Task Force be established with the following
responsibilities:
• Assess the current workforce situation in the community
• Determine what assets are available in the community.
• Determine what will be the future demands in the workplace
• Identify the best practices for us to follow, and,
• Develop and implement a substantive community -based strategy to create a globally competitive
workforce.
Our future depends on it!
13
B. Development of Premier Business Parks & Building Resources
Publicly- owned business development parks, complete with infrastructure, are essential to attracting target
industries which provide new primary jobs and investments. Infrastructure means all site permitting, zoning,
and environmental clearances. Although we have abundant land for development, most of it is in private
ownership and does not have infrastructure to support business attraction.
The average time from the commencement of the site search to "turning dirt" or starting construction is
approximately between 120 and 180 days. Therefore, the site search process gets shorter and shorter.
The Site Selection Search Process
Length of typical site selection search months or more
S o pita n r. n � .•° rv. - , � rte or:.
Source: Robert Ady, Ady International, Forbes, May 2006
The two leading site selection consultants, Fluor and McCallum Sweeney Consulting, state that they are
now seeing the process condensing closer to 90 days.
It is during the site seam process when the community must demonstrate to the company or site consultant
representing the company that the assets and resources are in place and ready for construction. If the land
is not in place with the necessary public services in place and permits obtained to allow the company to
proceed quickly with construction, the company will look elsewhere. To be competitive in today's
environment we need to have the necessary land resources in place ready to accommodate new quality
employers.
An inventory of quality industrial buildings in suitable locations is essential to provide interested new
companies. The average request from our prospects is for a facility of 100,000 square feet, with at least
feet clear height and all public utilities, including heavy power.
Let's get to work!
STRATEGIC FOCUS
• We must rapidly pursue the creation of two or three new business parks or "employment centers" to
accommodate the companies interested in relocating to the community. These parks must be high quality in
design and offer all essential infrastructure to support the operations demanded by companies today and in
the future.
• In association with the new business parks, consideration must be given to the provision of suitable
buildings either by the presence of a speculative structure or a building designed and ready for construction.
These are essential assets for job and investment attraction and expansion.
14
C. Developmentofan 'Innovation Infrastructure"
A good idea is worth its weight in gold.
Most economists and business leaders in America believe our nation's economic future depends on
innovation and the development of new ideas, services, products and processes. The ability to function in
this Innovation Economy is the key to the current and future economic success of our community.
Innovation is the process by which ne ■* ideas enter the economy and change what is produced, how it is
produced, and the way production itself is organized. As Peter Drucker, an international management
consultant once stated, 'Business has only two basic functions: Lin and innovation. Marketing and
innovation produce results. AO the rest are costs.°
The Corpus Christi region has done well in developing some key core industries but we need to provide
more support for emerging industries and technologies. These hold the key to a balanced regional economy
that can grow and continue to expand.
Simply said, we need to develop the infrastructure to support the innovation Economy.
Nurturing home grown companies, which are primary in nature, is becoming more and
more popular throughout the United States. This approach is a significant contributor to the Innovation
infrastructure.° Understanding that Microsoft was once a start -up company, communises are placing greater
and greater emphasis on 'growing their own economy.
An effective entrepreneurial development program is concerned with creating new companies
which, when they evolve, will be primary employers. They will eventually sell their products
or services outside the area and not be dependent upon the focal economy. They will import wealth to the
area.
Nanotechnology, clean energy, information technology, biotechnology...let's get ready!
STRATEGIC FOCUS
• The emerging jobs and the jobs of the future depend on innovation and the application of innovation and
creativity. We must support and help enhance the existing innovation from the private sector and
educational institutions and significantly expand the "innovation infrastructure" in order to attract knowledge-
based activities. We must understand what that infrastructure entails and aggressively pursue a strategy
that positions us in the new economy.
D. The Expansion of our lntemational Presence & Involvement-
International presence and involvement is essential to reaching full economic potential for any community in
today's global economy. The Port of Corpus Christi operates in a global arena, the City of Corpus Christi
has several sister city relationships, Texas A M— Corpus Christi has international relationships, the World
Affairs Council of South Texas is presenting international programs in the community, and many local
companies have international customers.
This is a good foundation upon which to build.
15
International trade and development, «reverse investments' (foreign companies building facilities in Corpus
Christi), and institutional cooperation all add substance to our local economy. Many communities across the
nation are taking advantage of the international marketplace to grow and expand their economies. We must
do the same.
STRATEGIC FOCUS
Corpus Christi is strategically located in the Americas and must take full advantage of this asset,
particularly in Mexico. International relationships are critical in the global economy. This requires reaching
out to international communities and countries that either share similar goals and assets or offer each other
complementary assets that make each stronger economically or culturally.
• The CCREDC will help expand our area's international relationships based on current activities in the
community, re- energize old relationships, especially through the Sister City program, and actively pursue
new international initiatives and opportunities.
vill. Conclusion
In 1519, Spanish explorer fonso Alvarez de Pineda sailed into the beautiful waters that he later named
Corpus Christi Bay. Like so many who would follow in his footsteps to South Texas, he was a person of
bold vision. Our area has always attracted those with a special type of vision, people who had the ability to
dream big and do what it took to get the job done, not allowing anything to stand in their way. Let us
recapture that same kind of spirit, the attitude that no matter the challenges, we will succeed.
This is no time to be timid.
It's a time to think BIG!
Few good things in human affairs `just happen'. In a majority of
cases, things happen only when people dream of a better tomorrow,
decide they truly want it to happen, and then act to turn their dreams
into reality. That's what vision is all about.
"Vision Team
Burt Nanus
The Futurist
May -June 1996
Corpus Christi = 1111114
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Strategic Plan for Action 2007 -2012
The EDC will play a direct role in primary job attraction, the retention and expansion of our exlsting
primary employers and will serve as a catalyst, supporter and facilitator" on other key ISSUeS that affect
th e community' long-term economic competitiveness and prosper"it .
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800 North Shoreline Blvd. Suite 1300 South
Corpus Christi, Texas 78401 361.882.7448 www.ccr fc.c i-n
23
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: City Council Memorial Coliseum Committee Update
PRESENTER(S):
Name
Mike Hummell
Nelda Martinez
John Marez
Title Position
Chairman
Committee Member
Committee Member
REQUIRED CO UNCIL ACTION: None
Attachment
Demolition and Immediate a Preservation Costs
A. Demolition
1 Complete Demolition of existing Memorial Coliseum
(Above and below ground removal, wood piles cut off
below grade)
1,000,000 to $1 ,400,000
2 Alternate Demolition (Above ground removal, $500,000 to $700,000
slab to remain)
B. immediate Preservation Recommendations
1 Patch Roofing
2 Secure Building (Plywood Window Covering)
3 Security Lighting at Building Exterior
4 Mechanical Considerations (Refer to Report)
5 Interior and Exterior Housekeeping (Refer to Report)
6 Demolition of Ticket Booth and Canopy
$64,000.00
$18,000.00
$20,000.00
$0.00
$0.00
$10,000,00
Total $120,000.00