HomeMy WebLinkAboutAgenda Packet City Council - 01/15/2008CITY COUNCIL AGENDA
JANUARY 15, 2008
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11:45 A.M. — Recognition of 2007 South side Rotary Club "Unsung Hero Award" Recipients
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
JANUARY 15, 2008
10:00 A.M.
PUBLIC # THE U E OF CELLULAR LA PHONES AND SOUND DACTIVATED AG ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS L ING MEETINGS of THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si Listed desea dirigirse al Concilio y cree qua su ingl s es limitado, habra un int rprete ingl s -espar of en Codas las juntas
del Concilio pars ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Reverend Robert Malsack, First Presbyterian Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tern Melody Cooper
Council Members:
Larry Eli undo, Sr. City Manager George K. Noe
Mike Hummel) City Attorney Mary Kay Fischer
Bill Kelly City Secretary Armando Chapa
Priscilla a. Leal
Michael McCutchon
John E. Marez
Nelda Martinez
E. MINUTES: (NONE)
Agenda
Regular Council Meeting
January 15, 2008
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BQARDL&COMMIT]EEAPPOINiMENTS (Attachment #1)
1 .
Human Relations Commission
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. Ideemedappropriate, 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 'S REPORT
'
Upcoming Items
I.
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 carless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for indi
Agenda
Regular Council Meeting
January 15, 2008
Page 4
cITY COUNCIL
fJOR1TYISSUES
(Refer to legend at the end of the
agenda summary)
8, Second Reading Ordinance — Amending the Code of
Ordinances, City of Corpus Christi, Chapter 17, establishing a
$2.50 convenience fee for residential utility payments via Internet
or Automated Telephone System; and providing for publication.
(First Reading 01/08/08) ( # 8)
J. PUBLIC HEARINGS:
ZONING CASE:
9. Case No. 1207-03, lJ Stor of CC # IVL!LC: A change of
zoning from a "B-4" General Business District to an "1 -2" Light
Industrial District resulting in a charge of land use from
commercial to industrial on 3.117 acres out of Bohemian Colony
Lands, Lot 5, Section 2, located approximately 170 feet north of
Holly Road and approximately 275 feet east of Kostoryz Road.
(Attachment#9)
Plannin gSommis ion and Staffs Recommendation: Denial of
the "1-2" Light Industrial District and, in lieu thereof, approval of a
Special Permit for an outdoor storage facility for recreational
vehicles and boats, subject to a site plan and five (5) conditions.
ORDINANCE
Amending the Zoning ordinance, upon application by 1. Stor of
CC # IV, L.L.C., by changing the zoning map in reference to
3.117 acres out of Lot 5, Section 2, Bohemian Colony Lands,
from "B-4" General Business District to "B-4/SP" General
Business District with a Special Permit to allow for an outdoor
storage facility for recreational vehicles and boats, subject to a
site plan and five (5) conditions; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing for a repealer clause; providing a
penalty; providing for publication.
Agenda
Regular Council Meeting
January 15, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
PLATTING ORDINANCE AMENDMENTS:
10.a. Public hearing and First Reading Ordinance amending the
"Corpus Christi Platting Ordinance" by amending Section XIII; by
adding new Sections V-1, XIII.A., and XIII. B; to provide for
development exactions determination and an appeals process;
providing a repealer clause. (Attachment # 10)
10.b. Public hearing and First Reading 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 a penalty clause; providing for publication; and
providing an effective date. (Attachment # 10)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS AND ORDINANCES:
11. Motion authorizing the City Manager to execute a Development
Agreement with Turner Industries, LLC (Developer), to establish
development requirements for a pipe fabrication facility located
at the intersection of 1H-37 and Clark wood Road. (Attachment
## 11)
L. PRESENTATIONS:
Public ommen will not be solicited on Presentation items.
12. 1 -69 1 Texas Transportation Corridor (TTC) Update by Texas
Department of Transportation (TXDOT) (Attachment # 12)
13. Presentation of Proposed Plans for Padre staples Mali by
Trademark Properties (Attachment # 13)
14. Follow-up Presentation on Utility Alternative Financing Study by
Duncan and Associates (Attachment # 14)
15. Presentation on Proposed Changes to the Methods of
Wastewater Acreage and Lot Fee Assessment Associated with
New Development (Attachment # 15)
Agenda
Regular Council Meeting
January 15, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
M. PUBLIC COMMENT FROM THE AUDIENCE IENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD
APPROXIMATELY 12 :OO P.M. OR AT THE END OF THE
COUNCIL MEETING WHICHEVER IS EARLIER. LIEF . PLEASE
LIMIT PRESENTATIONS To THREE MINUTES. IF YOU PLAN
TO ADDRESS THE 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 i
Agenda
Regular Council Meeting
January 15, 2008
Page
CIT COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
0. 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.
17. MAYOR'S UPDATE
18. COUNCIL AID OTHER REPORTS
P. ADJOURNMENT:
OURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, al 1 p.m., January 9 2008.
,rvA,
Armando C a pa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www. ote cas.00r after 7 :00 p.m. on the
Wednesday before regularly scheduled council meetings.
If technical problems occur, the agenda will be uploaded
on the Internet by Thursday morning.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
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IPUS G\ C
Develop Street Plan
Texas A &M University — Corpus Christi
Expansion
Neighborhood improvement Program
(NIP) and Mode! Block Expansion
Development Process Improvement
Bond 2005
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
1
HUMAN RELATIONS COMMISSION — Three (3) vacancies with terms to 6-14-08
and 6-14-10 representing the following category: — Regular. (Appointed by the Mayor
with approval of the Council) (Mayor to designate the Chairperson)
DUTIES: To study problems of group relationships within the City, and to devise and
recommend to the Mayor and City Council ways and means of discouraging and
combating prejudice, intolerance, and bigotry in all groups in their relations with one
another; to discover all practices and policies calculated to create conflicts and tensions,
and to recommend ways and means of eliminating any unfair or unjust discrimination by
or against any person or group. Recommendations may be presented to the Mayor and
City Council directly by the Committee or it may instruct the Human Relations
Administrator to present them to the City Manager.
COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by
the Mayor with approval of the Council to study problems of group relationships within
the City; one who shall represent the selling of dwellings, one who shall represent the
renting of dwellings and one member of the staff of the Legal Aid Society to serve
continuously, and three (3) shall not be more than 20 years of age at time of appointment
serving one -year terms. Eleven 11 members shall serve three -year terms. The chair of
the commission shall be designated by the Mayor. The Chairperson of the Committee for
Persons with Disabilities serving as an ex-officio voting member.
ORIGINAL
WMjERS TERMS APPTD. DATES
***Crystal Lyons, Chairperson 6-14-08 -14 -05
Sam Watson 6-14-08 6-14-05
***Leah Patterson 6-14-10 7 -24 -07
Robert Adler 6-14-09 6-22-04
Kelley A. Knight 6-14-09 741-06
Lucy Beta 6-14-09 6-22-04
***Jack English 6-14-08 7-11-06
Rev. Derrick Reaves 6-14-08 7-11-06
Richard Pulido 6 -1440 7 -24 -07
Margie Myers (Selling Dwellings) 6-14-10 7 -24 -07
Marta Del Angel (Rental Dwellings) 6-14-09 7-11-06
Johnny Dean Richter Meisner (Youth) 6-14-08 7 -24 -07
Jared Cummings (Youth) 6-14-08 7-24-07
Lauren McAdams (Youth) 6-14-08 7 -24 -07
Linda Falwell - Stover (Com. Per Dis. Chair E - officio (Voting)
Errol Sum merlin (Legal Aide Society) Continuous
Legend`
*Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
INDIVIDUALS EXPRESSING INTEREST
Kay H. Aeby
Jim Boller, ITT
Rebecca Esparta
Ramiro Gamboa
Rick Greenfield
Chon -Kyun Kim
Self - employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board
Representative. Former Member of the Downtown
Redevelopment Committee. (6-18-07)
President/Owner, Jim Boller & Associates, Inc and
President of Banking Associates, Inc. Received BS in
Education/Business and Minor in Economics. Recipient of
#1 Salesman in the Nation for Hallmark Cards and Mosier
Safe Company. (12-31-07)
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. (11-8-07)
Radiology Technologist, Vela Medical Center and
Columbia Hospitals, Inc. Activities include: LULAC
Council #1 President, Spohn Federal Credit Union Board
President, Hispanic Chamber of Commerce and Bayfest,
rfest,
Inc. Board Member. Graduate of Leadership of Corpus
Christi Class XX. (12-28-07)
Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. (1-
(1-
8-08)
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.D. in Political Science, State University of New York at
Binghamton. Recipient of Research Grant, Tuition
Scholarship and Graduate Teaching Assistantship and
International Student Grant -in -Aid Award. (5-14-07)
Patrici
2
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Q1/q8/OQ
AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute
an amendment to the interlocal agreement with Nueces County to participate in the
Crisis Intervention Team (CIT), provide officers trained in crisis intervention to serve on
the team, and provide $50,000 of in-kind services for officer training to participate in the
Crisis Intervention Team (CM.
ISSUE: Nueces County received a grant from the Substance Abuse and Mental Health
Services Administration to establish a crisis intervention team in Iueces County to
divert persons with mental illness and/or co-occurring substance abuse disorders to
community based services rather than place them in jail.
BACKGROUND: The City entered into an interlocal agreement 01/24/07 to participate
in the Crisis Intervention Team. An amendment is required this second year of the
agreement for the City to provide an in -kind match of $50000 to train CCPD officers
and dispatchers in Crisis Intervention Recognition. Alt training will be conducted on-
duty and reimbursed by the grant. As officers encounter individuals on the street that
may have a substance abuse or mental illness issue, a member of the CIT will be
contacted to review the case and make a recommendation to incarcerate or not. The
training provides officers with this information.
The interlocal agreement is in effect from January 24, 2007 through April 30, 2008.
The Nueces County Commissioners Court will consider the agreement on January 23,
2008.
REQUIRED COUNCIL ACTION: Approval of the interlocal agreement.
FUNDING: Funds are available in the General Fund — Police Budget.
CONCLUSION AND RECOMMENDATION: Staif recommends approval of the interlocal
agreement.
Attachments:
Interlocal agreement
Bryan P. Smith
Chief of Police
INTERLOCAL CONTRACT ACT AMEI MENT NO. 1
NUECES COUNTY AND
CITY OF CORPUS CHRISTI
WHEREAS, the County of Nueces and City of Corpus Christi (herein "City") entered
into an Interlocal Contract ("Contract") for implementation of the Jail Diversion Program
offered through a grant provided by the Substance Abuse and Mental Health Services
Administration (SAMHSA) on January 24, 2007;
WHEREAS, Section 9 of such agreement allows for this Contract to be modified by
written agreement;
WHEREAS, the SAMHSA program grant consists of three years and budget year 2
has recently been approved by SAMHSA;
WHEREAS, the parties wish to extend the agreement to correspond to the end of the
SAMHSA Year 2 budget and allow for expenditures consistent with the approved Year 2
budget;
NOW THEREFORE, Nueces County and City in consideration of the mutual
agreements contained in the original contract, herein, and additional time and monies
allocated pursuant to this amendment do hereby mutually agree:
1. The following paragraph is added as paragraph 11 to section 1,
Obligations of City:
"Provide Fifty Thousand Dollars ($50,000) of in -kind services
through Crisis Intervention Team "CIT." training of City of
Corpus Christi law enforcement officers which have not previously
undergone this training, and through provision of a CPR instructor
for C.I.T. training, and a CIT Coordinator /Trainer as referenced
above in paragraph 1. Documentation substantiating monetary
value of in -kind services will be provided to County, excluding
any overtime. Documentation shall be sufficient to comply with
SAMHSA Grant requirements.
2. The first sentence of the first paragraph of Section 2, Obligations of the
County, is withdrawn in its entirety and replaced with the following:
"Reimburse the Corpus Christi Police Department the cost of the
Officer's 40-hour wages (excluding overtime) for every Officer
that completes the Crisis Intervention Team Training, prior to
February 28, 2007."
3. The following paragraph is added as paragraph 11 to section 2, Obligation
of the County:
"Reimburse the City for the travel expenses incurred for their CIT
Trainer /Coordinator to attend SAMHSA related conferences at the
County's request. Travel expenses are limited to pre- approved
airfare and hotel, and County per diem. Receipts shall be provided
prior to reimbursement."
4. The first paragraph of Section 3, Term, is withdrawn in its entirety and
replaced with the following:
"This Agreement shall be in effect from January 24, 2007 through
April 30, 2008."
5. All other provisions of contract shall remain the same.
IN WITNESS WHEREOF, Nueces County and the City of Corpus Christi have
executed these presents in duplicate.
WITNESS our hands on this day of _ , 2007.
NUECES COUNTY
BY:
County Judge
ATTEST:
BY:
County Clerk
CITY OF CORPUS CHRISTI
BY:
City Manager
ATTEST:
BY:
City Secretary
DATE:
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN AMENDMENT TO THE INTERLOCAL
AGREEMENT WITH NUECES COUNTY TO PARTICIPATE IN
THE CRISIS INTERVENTION TEAM (CIT), TO PROVIDE
OFFICERS TRAINED IN CRISIS INTERVENTION TO SERVE ON
THE TEAM, AND PROVIDE x50,000 OF 1N-KIND SERVICES FOR
OFFICER TRAINING TO PARTICIPATE IN THE CRISIS
INTERVENTION TEAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager, or his designee, is authorized t execute an
amendment to the interlocal agreement with Nueces County to participate in the Crisis
Intervention Team (CIT), to provide officers trained in crisis intervention to serve on the
team, and provide $50,000 of in -kind services for officer training to participate in the
Crisis Intervention Team (CIT).
ATTEST:
Armando Chapa
City Secretary
APPROVED:
Joseph Harney
Assistant City Attorney
For City Attorney
Res ol.1ntAg- IT,do
, 2008.
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
.
of , 2008
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
Resor-IntAg-CIT.doc
2
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 15 2008
AGENDA ITEM:
Resolution authorizing the City Manager or designee to submit a grant application to the
Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community
Outdoor Outreach Program (CO-OP), an outdoor recreation program for youth participating
in the City's summer program.
ISSUE:
In order to apply for funding specked in the Community Outdoor Outreach Grant, the City
Council must approve a resolution to submit a grant for the Community OOutdoor Outreach
Grant (CO-OP) funded by the Texas Parks and Wildlife Department.
REQUIRED UIRED COUNCIL ACTION:
Authorization to submit an application to the Texas Parks and Wildlife Department for the
Community Outdoor Outreach Program (CO-OP) in the amount of $30,000.
PREVIOUS COUNCIL ACTION:
None
CONCLUSION AND RECOMMENDATION:
The Recreation Centers Division of the Corpus Christi Parks and Recreation Department
recommends approval of request to submit grant application.
Sally G
Parks a
Director
Recreation Department
Attachments: Grant Application Form
Certification & Program rar Assurances
BACKGROUND INFORMATION
The Recreation Center Division of the Corpus Christi Parks and Recreation Department is
applying for funds from the Texas Parks and Wildlife Department to offer an outdoor
recreation /education program to area teens. Activities will include fishing, camping,
kayaking, orienteering and wildlife and flora identification. The program will be named
Escape Outdoors!
Texas Parks & Wildlife Department
TRPA Community Outdoor Outreach Program
Applicant's Certification &,Proqram A
(Must be signed/dated by same person who signed resolution.)
As the duly authodzed representative of the sponsor 1 certify that the sponsor
Has the required "seed" funds or resources available and sufficient for the project as required.
Has the legal authority to apply for teach assistance and the institutional, managerial and financial capability to ensure proper
planning, management and completion of the project described in this application.
will give the Slate of Texas, hereafter referred to as °S a °, through any authorized representative, access to and the right to
examine all al records, books, papers, or documents related to the assistance; and will establish a proper accounting system
in accordance with generally accepted accounting standards or agency dim.
hill provide and maintain competent and adequate supervision at the project site to ensure that the completed work conforms to
the project agreement.
Will furnish quarterly progress reports and such other information as may be required by the Department.
Will initiate and complete the work within the applicable time frame after receipt of approval from the Department.
Will establish safeguards to prohibit employees and volunteers from using their positions for a purpose that conslitutes or presents
the appearance of personal or organizational conflict of interest or personal gain.
Will comply with all State and Federal statues relating to non-discrimination. These include but are not limited to; (a) Trite VI of the
Civil Rights Act of 1964 .L, 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Tie IX
of the Educalion Amendments of 1972, as amended (20 U.S.C. i§ 1681 -1683, and 1685-1686) which prohibits
domination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which
prohibits discrimination on the basis of handicaps; d the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age; (e) any other non-discrimination provisions in the sic
statute(s) under which application for TRPA assistance is being made, and (f) the requirements of any other non-
discrimination statute(s) which may apply to the application.
w 11 comply with all applicable requirements of all other State and Federal laws, regulations and policies governing this program.
As the duly authorized representative of the sponsor 1 certify that the sponsor agrees to all stipulaons in the Applicants
Certification & Program Assurances.
QCorpus Christi Parks and Recreation Department Esc ' : Outdoors!
Sponsor Name Project Name
George K Noes City Manager
George K. Noe, City Manager - Print or Type Name and Tree f �
l cial
Date
Must be signed and dated.
Page I of
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND
WILDLIFE DEPARTMENT IN THE AMOUNT OF $30,000 TO
OPERATE THE COMMUNITY OUTDOOR OUTREACH
PROGRAM (CO-OP), AN OUTDOOR RECREATION PROGRAM
FOR YOUTH PARTICIPATING IN THE CITY'S SUMMER
PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to submit a
grant p li ation to the Texas Parks and Wildlife Department in the amount of
$3OOOO to operate the Community Outdoor Outreach Program (CO-OP), an
outdoor recreation program for youth participating in the City's summer program.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO FORM: January 4, 2008
Lisa Au fr
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
HALE -CIF IB. annielLisal -auth rant- omm ut utdrPro -P rk .dv
Page2of2
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummel'
Bill Kelly -
Priscilla G. Leal
John E. Marez
Nelda Martinez --
Michael McCutchon
H: LE -Di 1,Jear nielLi al -auth rant -Com utr ut rPro - Parks.do
4
AGENDA MEMORANDUM
DATE: January 15, 2008
SUBJECT: Application to Drill State Tract 88/89 Well No. 1
AGENDA ITEM: Motion authorizing the City Manager or his designee to grant a permit to
Cabot Oil and Gas Corporation of Houston, Texas, to drill an oil or gas well approximately
atel
three and one half miles north of Flour Bluff in Corpus Christi Bay being State Tract 88/89
Well No. 1.
ISSUE: An application has been submitted on behalf of Cabot Oil and Gas Corporation
for a permit to drill State Tract 88/89 Well No. 1 which will be located in the marine
recreation area of Corpus Christi Bay. The location of the proposed well is outside the
established cluster area, and the applicant has requested an exception based on an
affirmative re showing that the exception is necessary to prevent confiscation of property.
REQUIRED COUNC1L ACTION: The City Code of Ordinances, 35 -56, requires City
Council approval of drilling permit applications for well locations outside the established
cluster areas in Corpus Christi Bay.
RECOMMENDATION: Approval of the motion as presented.
Debbie A Marroquin,
Director of Gas Services
Additional Sup . ort Materi = I
1. Exhibit A — Background Information
2. Exhibit B Site Map
3. Exhibit C — Letter of Request
4. Exhibit — Texas General Land Office Letter
5. Exhibit E Permit Application
BACKGROUND INFORMATION
Prior Council Actiom On December 18, 2007 City Council granted a permit to Sabco
Operating Company to drill an oil or gas well at a location outside the established cluster area
in Corpus Christi Bay, State Tract 55 Well No. 7.
On May 16, 2006 City Council granted three permits to Sabco Operating Company to drill oil
or gas wells at locations outside the established cluster areas in Corpus Christi Bay, State
Tract 55 Well No. 5 and State Tract 52 Well Nos. 8 and 9.
On February 28, 200 6, the City Council granted a permit to Sabco Operating Company to drill
an oil or gas well at a location outside the established cluster area in Corpus Christi Bay, State
Tract 49 Well No. 6.
Background Information: The City Code of Ordinances, Section 35-56, sets standards
for wells drilled in the area of Corpus Christi Bay south of the Ship Channel and west of the
Gulf Intracoastal Waterway. The well surface locations must be located in the southwesterly
corners of the 640 acre State Tracts to qualify for administrative approval as regular locations.
The ordinance allows the first producing well in a particular State Tract to be the designated
single cluster area for that State Tract. Unless protested, permits to drill from regular locations
do not require council approval.
Well locations outside of the established cluster area of state tracts are permitted for the
purpose of obtaining the only access to the geologic target. Section 35 allows the City
Council to grant permits for these locations if it is affirmatively established by the lessee that
use of a surface location in the applicable duster area readers it physically impossible to
make a satisfactory bottom --hole completion within the applicable state lease tract. Council
may grant these permits when it is necessary to prevent confiscation of property.
The proposed permit location is approximately 2700 feet from the established cluster area in
State Tract 89 and approximately 2300 feet from the established cluster area in State Tract
No. 88. Neither alternative is feasible to drill the proposed reservoirs at the necessary points.
(See Exhibit "B" page 3 of 3) Cabot Operating Company is requesting a surface location
outside the established cluster area to make it possible to reach the proposed reservoirs at an
alignment and location that will yield the maximum recovery of oil and natural gas safely.
Cabot contends it would be physically impossible to drill the well if not allowed to drill at the
requested location. It is the applicant's contention that not being allowed to drill the well
outside the established cluster area shall result in a confiscation of property. (See Exhibit "C")
Cabot 011 and Gas Corporation has paid the applicable permit fees and posted the required
bond and insurance certificate.
The oil and Gas Advisory Committee held a public hearing on December 19, 2007 to consider
the application from Cabot Oland Gas Corporation to drill at the requested location in Corpus
Christi Marine Recreation Area of State Tract 89. The committee voted unanimously that the
application for State Tract 88/89 Well No. 1 be recommended for approval by the City Council
as applied for.
The Texas General Land Office Geology and Engineering Sections reviewed the application
and agree it would not be prudent to drill the well from the established cluster areas and
respectfully request the City grant the exception and allow Cabot to drill the well from its
optimal location. (See Exhibit "D")
Exhibit "A"
Pagel of 2
Economic Impact: If approved and successfully completed the proposed well will result in a
positive economic impact to the community. The lessee will pay the City a permit application
fee of $1500, an annual inspection fee of $350 and will pay ad valorem taxes on the
equipment and production. The State will collect royalty funds that will be deposited in the
Permanent School Fund to help support education across the state on a per pupil basis.
Staff Recommendation: Staff recommends the permit to drill State Tract 88/89 Well No. 1 at
the requested location be approved based on the fact that it is affirmatively established Y the
lessee that use of a surface location in the applicable cluster area renders it physically
impossible to make a satisfactory bottom -hole completion within the applicable state lease
tract as necessary to prevent a confiscation of property.
Exhibit "A"
Page 2 of
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Exhibit "B"
1 of 3
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Cabot 011 & Gas Corp.
-- I
Corpus Christi Bay Prospect
Nueces County, Texas
i
11
A
1
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4 Well Path O. ;on -- .....
Cabot ST :::,z #1
Shallowest (Green) Target Outline
Intermediate (Blue) Target Outline
Deepest (Red) Target Outline
Exhibit
3 of 3
CCarat Oil & Gas Corporation
Gull Coast Region
December 13, 2007
Mr. Ricardo Guzman
City of Corpus Christi
Gil and Gas Division
4225 S. Fort Street
Corpus Christi, TX 78401
Re: Cabot Oil & Gas Corporation
State Tract 88/89 Well #1
Exception to Municipal Code
Chapter 35 Oil and Gas Well Ordinance
Dear Mr. Guzman:
Cabot Oil & Gas Corporation respectfully requests an exception to the City of Corpus
Christi, Municipal Code, Chapter 35 Oil and Gas Well Ordinance, Sections 35-36. Cabot
is proposing to drill the State Tract 88/89 Well 41 which is a directional well to a
proposed total depth of 12,228 feet that is targeting approximately 12 Frio Sands. The
targeted structure migrates from the southwest corner of State Tract 89 to the east side of
State Tract 88 at deeper depths. The proposed directional well allows Cabot to minimize
its operational footprint, reduce the total well count and minimize its surface presence
while maximizing the opportunity to encounter the target Frio Sands.
The City of Corpus Christi has requested that Cabot move its surface location to the
southwest comer of Tract 89 which is approximately 3000 feet to the northwest. Even
assuming drilling the proposed well from a surface location within the designated "cluster
area" could be mechanically done, Cabot would be required to drill to 7900 feet, then
change the azimuth of the wellbore 28 degrees before the well penetrates any of the
targeted sands. These changes will add an additional 1,120 feet to the total depth of the
well. Such a bend in the wellboro and the added footage will increase drilling time and
the probability of lengthy workovers and repairs while risking the recovery of the State's
mineral resources. Moreover, such a well from the City's alternate location(s) would
exceed the torque rating/design cri
Cabot appreciates the opportunity to present the required supporting documentation to the
Corpus Christi Oil and Gas Advisory Board on December 19, 2007. If you have any
questions or if additional information is needed, please contact the undersigned at 713-
822-0894.
Sincerely,
Cabot Qil & Gas Corporation
9)
Kimberly A. Dillard, P.E.
Regulatory Supervisor
.cc Matt Reid
George Taylor
Flip Whitworth
/foe
T E X
December 13, 2007
Mr. Ricardo Guzman
City Petroleum Superintendent
1201 Leopard Street
Corpus Christi, Texas 78401
Re: Cabot oil & Gas corporation
State Tract 88/89 Unit
Corpus Christi Bay
Dear Mr. Guzman:
ire -
A Li ANO IP F rt.[ CE.
JERRY I A 'T IS N, COMMISSIONER
Thank you for the opportunity to discuss the two projects currently involving both the City of
Corpus Christi and the General Land office. Please let me know if you need any additional
information concerning the removal of the production platform on State Tract 414.
With respect to the request by Cabot Oil & Gas Corporation for an exception to the city's drilling
ordinances for surface locations, 1 thought that it might be helpful to reduce my comments to
writing for your future reference. As stated, the oil and gas rights underlying State Tracts 88 and
89 in Corpus Christi Bay are owned by the Permanent School Fund (PSF). The PSF benefits
Texas public school students from kindergarten through the 12th grade, generating revenue that
is distributed on a per -pupil basis.
Based upon information provided by Cabot and reviewed by my Geology and Engineering
Sections, it would not be prudent for Cabot to drill the unit well from the alternative surface
locations proposed by the city. The additional 1 ,120 feet of borehole and the 28 degree bend at
7,900 feet required to penetrate the targeted sands from the appropriate angle will increase
drilling time, increase the risks of setting casing in the hole, increase the probability of future
workovers, and may exceed the torque rating for the drill pipe which would cause loss of the
wellbore and potential failure of the project.
The benefits to the city if the exception is granted include reducing drilling time and minimizing
the number of wells, platforms and flowlines needed to efficiently drain the reservoir. The
benefit to the PSF is that Cabot's proposed location offers the best opportunity for our lessee to
successfully drill and complete the well, possibly generating millions of dollars for the fund.
Stephen F. Austin Building • 1700 North Congress Avenue • Austin, Texas 78701 -1495
Post Office Box 12873 • Austin, Texas 78711 -2873
512- 463 -5001 • 800-998-4GLO
w .glo.stato.tx,us
Cu-1111%1f "
Mr. Ricardo Guzman
December 13, 2007
Page Two
Therefore, the GLO respectfully requests that the city grant the exception and allow Cabot to
drill the well from its optimal location. If you have any questions or concerns, please call me at
(512) 475 -1542. Thank you for your attention in this matter.
Sincerely,
(_
R. .ert :. Hatter, Director
Mineral Leasing Division
Texas General Land Office
CC: Kim Dillard, Cabot Oil & Gas Corporation
CORPUS CHRISTI, TEXAS
OIL AND GAS REGULATION
APPLICATION FOR PERMIT
TO: The City of Corpus Christi, Texas
FROM: Name CABOT OIL & GAS CORPORATION
Address
1200 ENCLAVE PARKWAY, STE 300
HOUSTON, TX
(hereinafter called "Applicant")
Pursuant to the Corpus Christi 011 and Gas Ordinance, and particularly that pad
appearing as City Code 00 and Gas Chapter 35, and the rules and regulations pursuant
thereto, Applicant respectfully requests that it be granted a permit to drill and operate a
well for production of oil, gas and other minerals within the City limits of said City at the
location and in the manner set forth herein.
IDENTITY:
Applicant is a person __ . ., a partnership private corporation
existing under the laws of the State of —�-, a public corporation x
other association
Applicant's agent for addressing correspondence and for delivery of service of notice or
citation relating to this application and any permit granted thereon, until further written
notice, is: -
BELAIRE ENVIRONMENTAL, I1 C .
P.O. BOX 741
,,,a 7838'
ATTN: KI i I NORVELL
In addition addition to Applicant, the parties listed as follows own a working
interest in the well (if
none, so state):
NONE
WELL DATA
Well Name: STATE TRACT 88/89 WELL #1
Field Name WEST MUSTANG ISLAND-
.
Surface Location: 1 Y.756575
Bottomhole Location: X. 2411080; Y=756187
Vertical Depth: 12196' MD, 10540' TVD
Projected Date of Commencement of Drilling: i /23108
Exhibit "E"
DEC, 4. 2007 3:52PM CABOT GC 2816482791 N0. 8669 P. 2
BiquIarorE, Eng 1• t :I Permit
This Application '• = } (does not) request an exception to any requirements of Oil and Gas
Chapter 35 of the ity Code. (NOTE: If the permit requested is exceptional, state the
reasons therefor In detail, using attachments and supporting data to the degree deemed
necessary.)
A olicant's Yjarrantie Agrnents:
Applicant warrants that all things stated or represented as factual in this application and
any attachment thereto are true and correct, and that all material representations of
Applicant made in onnection therewith are and will be true and correct: at the penalty of
any permit granted herein being null and void.
Applicant understands that any permit granted pursuant to this application is and will be
subject to all valid ordinances, rules and regulations of the City of Corpus Christi governing
the subject matter, as well as all other valid and applicable laws, rules and regulations of
other governmental bodies having Jurisdiction. Applicant is familiar with these, or has notice
of same, and agrees to comply therewith.
Applicant will submit to the City Council, the Oil and Gas Advisory Committee ee or to the City
Manager any and all other information or data respecting this application required to be
furnished; and Applicant will appear before any such body or person for conference, public
or private hearing, and give testimony reasonably required hereunder.
In Bay Recreation Areas, Applicant hereby agrees, insofar as It has the right and authority
so to do, to allow lessees of State Lease Tracts adjoining the State Lease Tract covered by
this application to utilize unused surface locations on Its tract as prescribed by Ordinance of
the City of Corpus Christi and on the terrris and conditions set forth in such Ordinance.
In Marine Areas, Applicant agrees to furnish boat transportation during normal working
hours from shore to the location covered by this application for the purpose of any
inspection of said location and facilities situated thereon conducted by any official or
employee of the City of Corpus Christi; provided that no extra duty care is thereby
imposed t y
imposed on Applicant.
Attached hereto are true copies of all existing permits or applications for permits from other
governmental agencies, pertaining to the well for which this application is made.
In nonexempt Land Drilling Blocks, attached hereto Is a list of all owners of unle sed
minerals and the fractional share of the Drilling Block owned as provided for in City Code
Section 5 (2).
Aftached hereto is the bond required by the City of Corpus Christi for operations p ertinent
to the location applied for (Land, Bay, or Guy: (or) reference is here made to the blanket
bond filed by Applicant with the City Petroleum Superintendent; (or) reference is made to
the indemnity Agreement between Applicant and the City of Corpus Christi filed with the
City Petroleum Superintendent
Attached hereto is a copy of the insurance policies or certificates required by the City of
Corpus Christi City Code; (or) reference is here made to the c of the insurance olio . policy or
Indemnity Agreement on file in the 011 and Gas Well Division isiion which is sufficient to cover
this application.
Attached hereto is a plat of the area where drilling is to b conducted showing the
proposed location on surface and at bottomhole. (In "non-producing" land areas the plat
shall be prepared by a licensed public surveyor and include the metes and bounds
description of the Drilling Blocks to be unitized.)
Attached hereto is the casing program for the well.
For land wells: Attached hereto are the names and addresses of the owners of all
surface property within 400 feet of the well bore.
Applicant hereby agrees that the City of Corpus Christi is authorized to take over and
expend funds to retain control of the well as provided in Corpus Christi City Code
Section 35-104.
Submitted this 50+h day of
120 £ 1
sti,LaaAk
ab-ca- 4.4d;Ek
Applicant
The State of Texas
County
Subspribed and sworn to bebre me, the undersigned this nde�rsMned author�tyf this day of
20_07
Received and filed this
day of
Notary Public in and for 'r
County, _ e C( �
, 2001.
City Pet Jeum perintendent
5
AGENDA MEMORANDUM
DATE: January 15, 2008
SUBJECT: Memorial Coliseum Immediate Preservation Requirements
uirements
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a Job Order Contract
with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $99,669 for the
Memorial Coliseum immediate preservation requirements.
ISSUE: Memorial Coliseum is in a deteriorative state due to age, lack of use and limited
maintenance over the past several years. This building poses safety and security risks in
addition to its poor aesthetic condition. This project proposes to provide roof patching,
plywood window covers, removal of existing concrete entry, and demolition of the exterior
ticket booth and canopy to improve the security, safety and appearance of the facility.
FUNDING: Funds for this project have been made available in the General Fund.
RECOMMENDATIQN: Staff recommends approval of the motion as presented.
even R. Stowers
Interim Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A-1" Prior Project Actions
Exhibit "B" Location Map
H:IH ME\LYNDA$I EMPublic l=acilities\434 - Memorial Coliseum Investigation- RepairslMemorandum.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Memorial Coliseum Immediate Preservation Requirements
uirements
(Project No. 4345)
PROJECT INFORMATION: Due to the age and lack of use or maintenance, the Memorial
Coliseum is experiencing severe deterioration of the building and is becoming an uninviting
presence to the downtown district. A recent committee was established to consider
immediate limited repairs to preserve the facility until new activities and overall renovations
could be identified. The most critical elements identified were:
• deterioration of the building envelope, which allowed water infiltration and damage
to the interior of the building,
• lack of security,
• safety concerns and
• eroding appearance.
This project will provide roof patching, plywood window covers and demolition of the
exterior ticket booth and canopy. The roof repairs and window treatments will significantly
reduce the chance of damage due to water infiltration and improve both security and
appearance of the facility. The demolition of the ticket booth and canopy improves the
security, safety and appearance of the facility. The design work necessary to complete this
project is included in the fee.
PROJECT DESCRIPTION: This project will utilize the City's Job order Contract method to
provide immediate repairs to the existing facility. Work on the roof will include patching to
prevent the further infiltration of water into the structure. The windows will be boarded up,
painted and properly secured to minimize potential vandalism and water infiltration. The
existing ticket booth and canopy will be demolished, removed and properly disposed.
The demolition work will require temporary closure of two north bound Shoreline Blvd lanes
for safety purposes. This project will take approximately four weeks to complete,
depending on weather conditions, and will provide overall improved building integrity,
security, safety and appearance. The project is being coordinated with the Street
Department for the most cost efficient and effective execution for street barricades.
The Job Order Contract provides to furnish labor, material and equipment to:
1. Remove existing concrete entry and sidewalk cover at building east entry on Ocean
Drive. Demolition will include the concrete filled steel columns.
2. Finish area where columns were removed to be smooth and flush with existing
sidewalk area.
3. Remove existing wood roof section where concrete cover ties to existing building
face. (Flashing is to remain in place.)
EXHIBIT "A"
Page 1 of 2
H:\HOMEILYNDASXGENPublic Facilities14345 - Memorial Coliseum Investigation- Repairs\Agenda Background.doc
4. Remove existing ticket sales kiosk.
5. Cover existing windows and glass doors with 3,500 s.f. of plywood to board up
building. Framing will be included as required. Existing roll-up doors on south and
west sides of building will not be covered.
6. Patch existing missing and damaged roof sections up to 8,000 square feet. Roof
repairs are based on the roof report by SolkaNavaTomo. The contractor has stated
that additional and future roof repairs can be done for $7.81/s.f. with a 100 s.f.
minimum. Unit price will be subject to review every 180 days due to current
inflation rates of materials.
7. Any additional design work necessary to complete this contract is included in the
contract fee.
METHOD OF CONSTRUCTION: UCTION: Job Order Contracting (JOC) is an innovative contracting
technique created for facilities maintenance and construction - related services to assist with
obtaining greater contractor performance in relation to smaller projects on a cost - effective
and timely basis. The MC Program utilizes an "on- call' general construction contractor on
an as- needed basis for an Indefinite Quantity Contract to perform minor construction,
repair, rehabilitation or alteration of facilities.
Job Order Contracting streamlines the construction procurement process by establishing
an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery
orders based on specific projects as needed. This process is extremely flexible, allowing
scope and cost to be accurately detailed BEFORE award. The following are important
benefits of using this contract method:
Allows a better defined scope with cost for the customer.
Construction contract award can be accomplished in less than one month,
significantly shortening the procurement time.
Each delivery order is a stand -alone contract. Future awards will be based
specifically on the contractor's performance and the needs of the City of Corpus
Christi.
Change Orders are minimized. The approved contractor will specifically conduct
detailed site visits and discussions with City Staff to review the requirements, work
conditions, and facility condition prior to submitting a proposal. This will significantly
reduce and/or eliminate unforeseen conditions and excessive cost growth.
EXHIBIT "A"
Page 2 of 2
H:IH MEILYNDA I EN Public Facililies\4345 - Merrrvrial Coliseum investigation- RepaIrslAgenda Background.doc
PRIOR PROJECT ACTIONS
SUBJECT: Memorial Coliseum Immediate Preservation Requirements
(Project No. 4345)
Prior Project Actions have included:
PRIOR COUNCIL ACTION:
1. November 20 _2007 — Ordinance appropriating $100,000 from the Unreserved Fund
Balance in the General Fund No. 1020 for Memorial Coliseum immediate preservation
requirements; changing the FY 2007-2008 Operating Budget adopted by Ordinance No.
027352 by increasing appropriations by $100,000. (ordinance No. 027498)
PRIOR ADMINISTRATIVE CTION:
1. Juj_1JL2QQ7 — Administrative approval of a small NE Agreement with Solka Nava
Torno in the amount of $16,500 for the Memorial Coliseum Investigation.
2. January 3, 2007 — Distribution of Request for Qualifications (RFQ) No. 2007-01 Job
Order Contracting.
3. January 29, 2007 — Distribution of Addendum No. 1 to the Request for Qualifications
(RFQ)No. 2007 -01 Job Order Contracting.
EXHIBIT "I"
Pa0,1 of 1
H;1H MEILYNDA 1 EH1Public Facilities14345 - Memorial Coliseum In estigalion- Repairs ohhseum Prior Actions.doc
File : \Mproject
courncllexhibits exh4345.dwg
LOCATION MAP
NOT TO SCALE
VICINITY MAP
NOT TO SCALE
CITY PROJECT No. 4345
CORPUS CHRISTI BAY
EXHIBIT "B"
MEMORIAL COLISEUM
IMMEDIATE PRESERVATION REQUIREMENTS
CITY OF CORPUS CHRISTI, 7EXA5
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING I SERVICES
PAGE: 1 of
DATE: 1-03-2008
6
AGENDA MEMORANDUM
DATE: January 15, 2008
SUBJECT: Water Garden Repairs
AGENDA ITEM:
A. Ordinance appropriating and transferring $500,588 from the Unreserved Fund
Balance in the No. 1020 General Fund to and appropriating in the No. 4710 Visitors
Facilities Fund for the Water Garden repairs; changing the FY 2007 - 2008
Operating Budget adopted by Ordinance No. 027352 by increasing appropriations
by $1,001,176 and increasing estimated revenues by $500,588; and declaring an
emergency.
B. Motion authorizing the City Manager, or his designee, to execute a Job Order
Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of
$398,732 for the Water Garden Repairs.
ISSUE: The proposed project will restore Water Garden operations which failed in
September 2007. A power loss to the existing mechanical pump room at the Water
Garden resulted in flooding of the pump room and electrical system damage. This project
provides for replacement of the failed electrical systems, new separate backup power
supply, and relocates the emergency shut off switch to restore operations to the structure.
Completion of the project will result in restored operations to the City's Water Garden.
FUNDING: G: Funds for this project have been made available from General Fund reserves.
RECOMMENDATION: Staff recommends approval of the motion as presented.
trrSally Gavlik
ti Director of Parks & Recreation Interim Director of Engineering Services
PD
( /0 5 70 8.
Kevin R. Stowers
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit 1`C" Contract Proposal
Exhibit "0" Location Map
H:IHQME\LYNDAS GEN1Public Facilities\3350 - Water Garden \Mernorandum.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Water Garden Repairs
(Project No. 3350)
PROJECT !NFQRMATION,: This proposed project restores Water Garden operations. In
September 2007, a power loss was experienced to the Mechanical Pump Room servicing
the facility. The mechanical room includes a sump pump designed to remove any ground
water or water from system leaks entering into the pump room. The power loss caused the
sump pump to fail and flooding to occur that damaged the mechanical and electrical
systems. There are currently no provisions for backup power or emergency notification of
system outages. The proposed improvements will address these issues and the
underground water lines. This facility has a history of underground water line leaks that
result in the loss of thousands of gallons of water. This project will expose and investigate
the underground 14" water lines and flanges. Repairs to the flanges are included within
the proposed scope. The final design will be completed as part of this project under the
Job Order Contract. The Job Order Contract provides the most effective means to quickly
address the problems and restore operations
PROJECT DESCRIPTION: The proposed project restores Water Garden operations with
emergency backup power and notification. This project was placed within the Job Order
Contract (JOC) to expedite potential solutions and repairs. The final design will be
completed within the project for new electrical panels, controls, and wiring with new
emergency power backup, auto transfer switch, emergency manual shut off switch with
new alarm horn/strobe and auto dialer. The project will also clean and repack pump
grease bearings and install a new fan for mechanical room ventilation/exhaust.
Additionally, the underground 14" water lines and flanges will be exposed and investigated
for leaks which will require saw cutting, removal and repair of the existing concrete walks at
12 different locations. Repairs to the flanges are included in the project construction.
JOB ORDER CONTRACT DELIVERY ERY S STEMS: Under Texas Local Goverment Code
271.120, "A governmental entity may award Job Order Contracts for the minor
construction, repair, rehabilitation, or alteration of a facility if the work is of a
recurring nature but the delivery times are indefinite and indefinite quantities and
orders are awarded substantially on the basis of pre- described and pre - priced
tasks."
This contracting technique was originally approved by City Council on September 20, 2005
using the Texas Cooperative Partnering Network (TCPN). Fire Station #13 ADA Co -Ed
Improvements and Kiwanis Softball Field Improvements (both Bond 2004 projects) were
successfully completed under the TCPN JOC. The TCPN utilized Centennial Contractor
Enterprise, Inc based out of San Antonio for the construction repairs. At the time of award,
City staff informed the Council that if this method of construction improvements was
successful, the City of Corpus Christi would look at the cost benefits of partnering with
EXHIBIT "A"
Page 1 of 2
H:IHOMEILYNDA IGEN\Public Facilikies1335O - Water GardenAAgenda oackground.doc
other Cooperative Purchasing networks located in Texas and try to further maximize
project dollars utilizing other approved JOG contractors.
On January 3, 2007, the City of Corpus Christi issued an RFP (2007-01) for JOC
contractors. This would enable the City of Corpus Christi to more effectively target local
contractors including minority /minority business enterprises and HUB contractors. It also
would avoid the pass through fees associated with the TCPN.
Six contractors submitted proposals; however, one proposal was received late and was
returned unopened. After evaluation by staff and the selection committee it was
recommended to pursue JOG Contracts with two contractors:
1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300
Ocean Drive, Corpus Christi, Texas, 78412, and
2) Nu gray International, Inc., 2621 Holly Road, Corpus Christi, Texas, 78415
Since being approved, the City of Corpus Christi has successfully completed several
projects using this method and these contractors resulting in expedited construction
schedules and cost savings to the City.
METHOD OF CONSTRUCTION: Job order contracting JOC is an innovative contracting
technique created for facilities maintenance and construction- related services to assist with
obtaining greater contractor performance in relation to smaller projects on a cost - effective
and timely basis. The JOG Program utilizes an "on -call" general construction contractor on
an as- needed basis for an Indefinite Quantity Contract to perform construction, repair,
rehabilitation or alteration of facilities.
Job Order Contracting streamlines the construction procurement process by establishing
an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery
orders based on specific projects as needed. This process is extremely flexible, allowing
scope and cost to be accurately detailed BEFORE award. The following are important
benefits of using this contract method:
• Allows a better defined scope with cost for the customer.
• Construction contract award can be accomplished in less than one month,
significantly shortening the procurement time.
• Each delivery order is a stand -alone contract. Future awards will be based
specifically on the contractor's performance and the needs of the City of Corpus
Christi.
• Change Orders are minimized. The approved contractor will specifically conduct
detailed site visits and discussions with City Staff to review the requirements, work
conditions, and facility condition prior to submitting a proposal. This will significantly
reduce and/or eliminate unforeseen conditions and excessive cost growth.
Page of 2 j
H:1H MEILYNDA I E Public Facflittes13350 - Water GardenlAgenda Background.doc
PUBLIC FACILITIES AND IMPROVEMENTS
(REMOVAL OF ARCHITECTURAL BARRIERS)
PROJECT BUDGET
April 13, 2004
FUNDS AVAILABLE:
ESTIMATED
BUDGET
General Fund
FUNDS REqUIRED:
$ 500,588.00
Construction Cost (Alpha Building Corporation)
398,732 00
I Construction Contingencies
45,535.00
AE Consultant
8,000.00
Engineering Support (Inspection, reimbursements, etc;
48,321.00
Total
500,588 00
EXHIBIT "B"
Page 1 of 1
BUILDING CORPORATION
First Choice For Facilities Renovation & Construction
Mr.Angel Escobar, P.E.
Director of Engineering Services
co Mr. Jury Shoemaker P.E.
City of Corpus Christi
Engineering Services
1201 Leopard Street
Corpus Christi, TX 78401
03 January 2008
We are pleased to present our proposal for selective demolition and repairs at the Water Gardens, Corpus
Christi, TX. This proposal is based on the attached scope of work and unit price estimate.
Work includes:
1. Remove existing damaged electrical gear in underground vault
2. Replace damaged electrical gear in underground vault
3. Install new generator, UPS system and external disconnect
4. Service and reinstall electric motors.
5. Provide enclosure for new generator.
6. Investigate and repair flange connections (up to 12 each) at Water Garden header piping
Total cost for this work is: S 398,732.00
Schedule for this work: Start within 10 days of Notice to Proceed and complete within 9 days from
commencement (100 days total)
Please contact me at (361)-533-0293 should you have any questions regarding this matter.
Sincerely,
Joy
Bill Millar
Project Manager
TAMU-CC Project Office
6300 Ocean Drive, Corpus Christi, Texas 78412
P 361- 825 -2591 F 361 - 825 -2594 www.alphabuilding.corn
CREATING ENVIRONMENTS WHERE GREAT THINGS CAN HAPPEN
Exhibit C
Pages 1 of
CITY OF CORPUS CHRISTI ENGINEERING DEPARTMENT
SHEET NO: 1 OF 1
PROJECT: Water Garden Repairs & Improvements 2007
PREPARED BY: RJY
LU
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ca
w
PROJ. NO: 3350
DATE: 09 Jan 08
TOTALS
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ENGINEERING
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COST CONTROL - PLANNING/SCHEDULING
ENVIRONMENTAL ONMEI TAL & CLEAN UP
SUBTOTALS
SALES TAX @ 6 3/4%
1
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CONTINGENCY 10 % TDC
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connect Wiring -- Remove Locks & Tags
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1111611TWal
PROJECT
LOCATION
LOCATION MAP
NOT TO SCALE
[ITYPROJECT No.3350
VICINITY MAP
NOT TO SCALE
WATER GARDEN REPAIRS
CITY OF CORPUS CHRISTI, TEXAS
CITY F CORPUS CHRIST!,
EXHIBIT "0"
CITY COUNCIL EXH. I T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of I
DATE: 12-30-2004
ORDINANCE
APPPROPRIATING AND TRANSFERRING $500,588 FROM THE
UNRESERVED FUND BALANCE IN THE NO. 1020 GENERAL
FUND TO AND APPROPRIATING IN THE NO. 4710 VISITORS
FACILITIES FUND FOR THE WATER GARDEN REPAIRS;
CHANGING THE FY 2007 - 2008 OPERATING BUDGET
ADOPTED BY ORDINANCE NO. 027352 BY INCREASING
APPROPRIATIONS BY $'1,001,'1 AND INCREASING
ESTIMATED REVENUES BY $500,588; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. An amount of $500,588 from the Unreserved Fund Balance is
appropriated and transferred from the No. 1020 General Fund to and
appropriated in the No. 4710 Visitors Facilities Fund for the Water Garden
Repairs.
SECTION 2. The FY 2007 -• 2008 Operating Budget adopted by Ordinance No.
027352 is changed by increasing appropriations by $1,001,176 and increasing
estimated revenues by 500,588.
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 ordinances at to regular meetings so that this ordinance is passed
and shall take effect upon first reading as an emergency this the 18th of January,
2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: 08-Jan-08
r ,
By:
Veronica Ocanas
Assistant City Attorney
for City Attorney
01508 ORD App 4 Water Garden_REV_CSO
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
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 Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
01508 ORD App 4 Water Garden_REV_CSO
Page 1 of 1
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
AN AMENDMENT TO THE TEXAS INTERNATIONAL YACHT & JET
PLANE LEASE AGREEMENT (with two five -year renewals: 2008 -2012
and 2013 -2017) WITH MMD COMMUNICATIONS OF NORTH PALM
BEACH, FLORIDA, TO INCREASE ANNUAL TERM FROM EIGHT (8)
DAYS TO TEN (10) DAYS, EXPAND LEASED PREMISES AREA, AND
INCREASE MINIMUM ANNUAL RENTAL FEE TO $30,000; AND
PROVIDING FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or designee, is authorized to execute an
amendment to the Texas International Yacht & Jet Plane Lease Agreement (with two
five -year renewals: 2008 -2012 and 2013-2017) with MMD Communications of North
Palm Beach, Florida, to increase annual term from eight (8) days to ten (10) days,
expand leased premises to include the northbound lanes of East Shoreline Blvd from
south right-of-way of Schatzell to north right -of -way of Taylor Street, and increase
minimum annual rental fee from $25,000 to $30,000. A copy of the tease as amended
is attached and will be on file with the City Secretary.
SECTION 2. Under Article IX, Section 3 of the City Charter, this ordinance and the
Lease Agreement are effective on the 61St day after City Council adoption of this
ordinance on second and final reading; and the second and final reading of this
ordinance is at least twenty-eight (28) days after the first reading.
SECTION 3. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:ILE - DIR1Lisal rdinance 20071Yacht Show Lease Amendment.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2008, 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 , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Eli ondo, Sr. Nelda Martinez
Mike Humrnell Michael McCutchon
Bill Kelly
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: January 2, 2008
By: ,...1
Lisa Aguilar
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 15, 2008
AGENDA ITEM
First Reading Ordinance authorizing the City Manager, or designee, to execute an
amendment to the Texas International Yacht & Jet Plane Show Lease Agreement (with
Two 5 year renewals: 200 8-12 & 2013-17) with MMD Communications, nications, to increase annual
term from 8 days to 10 days, expand leased premises area, and increase minimum annual
rental fee to $30,000; providing for severance; and providing for publication.
ISSUE: Peter Bryant, President of MMD Communications has requested that the initial
lease authorized for the 2007 Texas International Yacht Show be amended to increase the
term from 8 days to 10 days, and revise the Shoreline leased premises to include the
northbound lanes of East Shoreline Blvd from south right-of-way of &ctell to north right -
of -way of Taylor Street. The parties also desire to revise the minimum annual rental fee
from $25,000 to $30,000, with renegotiation of minimum annual rental fee in 2010. The
Lease Agreement as amended is attached as Exhibit A and a copy is on file with the City
Secretary.
REQUIRED COUNCIL ACTION: Authorization of Lease as amended.
PREVIOUS COUNCIL ACTION: On May 30, 2006, Council approved multi -year lease with
MMD Communications.
FUNDING: NA
CONCLUSION AND RECOMMENDATION: It is City Staffs recommendation that the City
Council approve the Lease Agreement as amended with Peter Bryant (MMD
Communications, a Florida corporation).
Attachment: Background Information
Sally avr Director
Parks an F Recreation Department
BACKGROUND INFORMATION
The 1st Annual Texas Internati
Page 1 of 21
2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
LEASE AGREEMENT (With Two 5 Yr Renewals: 2008 -12 & 2013 -17)
BETWEEN THE CITY OF CORPUS CHRISTI
AND
MMD COMMUNICATIONS
4
§ KNOW ALL PERSONS BY THESE PRESENTS:
4
THE STATE OF TEXAS
COUNTY OF NUECES
This lease agreement "Lease" is entered into by and between the City of Corpus
Christi, a Texas home rule municipal corporation "City ", acting through its duly
authorized City Manager or his designee ("City Manager"), and MMD Communications
" a Florida corporation.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and
covenants contained herein, agree as follows:
Section 1 Definitions.
City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation
City Attorney means the City's Attorney or the City Attorney's designee
(C) City Council means the City's City Council
(D) City Manager means the City's Manager or the City Manager's designee
(E) Code means the City's Code of Ordinances, as amended
(F) Director means the City's Director of Parks and Recreation or the Director's
designee
(G) Event means the Texas international Yacht & Jet Plane Show conducted and
sponsored by Lessee.
{H} Lease means this agreement and all Exhibits and attachments
(1) Lessee means MMD Communications ( "Lessee "), a Florida corporation
organizing and managing the annual Texas international Yacht & Jet Plane
Show
(J) Lessee's Agent means a duly authorized representative of MMD
Communications
Hs1LEG DIR\Jeannie LisaMinfl_Ya htJet,Lea . enew,Dec 14 2007 clean.doc
Page 2 of 21
(K) Marina means the City's Municipal Marina
(L) Police Chief means the City's Police Chief or the Police Chiefs designee
11 Premises means the site for the Event, more fully described in the attached
Exhibits A, B, and C that are incorporated by reference in this Lease as if fully set
out in their entirety
(N) Risk Manager means the City's Director of Risk Management or the Director of
Risk Management's designee
(0) Traffic Engineer means the City's Traffic Engineer or the Traffic Engineer's
designee
Section 2 Term; 8 Days in April 2007; Two 5 Year Renewals; gals; Effective Date.
(A) 8 Days in April 2007 This Lease is for a term of eight days, beginning on April
23, 2007 at 12:01 p.m. Lessee shall be entitled to non - exclusive use, for the purpose of
set -up and take -down preparations, of the Premises for a period of eight consecutive
days, from April 23, 2007 at 12:01 p.m. through April 30, 2007 at 6:00 p.m.; .arid to the
exclusive use of said Premises for a period of up to four days from April 26, 2007 at
6 :00 am through April 29, 2007 at 6:00 p.m.
Two 5 Year Renewals +rals City Manager shall renew this Lease for a term of ten (10)
days in April 2008 -12 if City Manager finds that the 2007 Event is successful for City.
Further, City Manager shall renew this Lease for a term of ten 1 days in April 2013-17
if City Manager finds that the 2012 Event is successful for City. The Use Periods for
2007 and the projected Use Periods for 2008 -12 and 2013-17 are shown in the attached
Exhibit D.
(C) Effective Date This Lease is effective on the day of - - , 2007. (As
required by City Charter, the effective date is the 61-11-47lay after the adoption by City
Council on second and final reading of the ordinance authorizing the execution of this
Lease.)
Section 3 Premises. The City grants to Lessee the privilege of using the following
described City property to conduct the Event:
(A) Peoples Street T -Head; Shoreline This includes the entire Peoples Street
T -Head in the Marina, including boat slips and other amenities, except for areas
under lease by the City and except for areas which may be leased in the future by
the City for construction of stand -alone building in the Peoples Street T- I--lead. The
Shoreline Premises include the northbound lanes of East Shoreline Boulevard
(ESB) from the south right -of -way of Shat ell St. Sc t el to the north right -of-
way of Taylor Street, including median and crossover areas within the above area
subject to the restriction in Section 4(B) of this Lease. This area is more fully
detailed in the attached Exhibit A. (Lessee must at all times keep an
H:1 LEG- DIR\Jeanni \ .i a \T Intl. a htJet.Lease_R n w.De 14 2007 clean.doc
Page 3 of 21
unobstructed pavement corridor at least eighteen feet wide on the east
side of ESB from Schatzell to Taylor Street for emergency vehicle use.)
All Marina tenant boats in the Peo le Street T -Head will be removed b Frida
p.m. i t ' 2008.
(B) Fenced Premises The Fenced Premises include fenced -in portions of the Event
Premises. This area is more fully detailed in the attached Exhibit A. Note: This
Lease does not include the American Bank Center or parking lots adjacent to
the American Bank Center. Use of any of these facilities will be covered under a
separate agreement, that is executed between the City and Lessee, if this use is
determined to be necessary by Lessee.
(C) Airport Premises; Separate Lease(s) Note: This Lease does not include the
facilities at the Corpus Christi International Airport ("Airport") for the Static
Aircraft/Jet Plane Show and the Classic Cars Show. Use of any of these
facilities will be covered under one or more separate agreements, executed
between the Lessee and City and/or Tenants at the Airport, if this use is
determined to be necessary by Lessee.
(D) Street closure Areas The street closure process, as outlined by the Traffic
Engineer and further described in Section 10 of this Lease, will govern all street
closures. Street closure areas are shown in the attached Exhibit B.
Section 4 Other Areas; Other Use of Premises.
(A) Requests by Lessee for use of additional City -owned areas requires prior written
approval from the Director.
(B) No concession stand, ride, or other apparatus connected with the Event may be
placed in or on the grass or shrubbery areas within the Premises along Shoreline
Blvd. without the prior written permission of the Director.
Section 5 Event Layout Diagram. At least two weeks prior to the Event, Lessee or
Lessee's Agent must provide the Director with a detailed diagram (Exhibit C) showing
the final Event layout and including all related activities. Layout of the Event is subject
to the approval of the Director.
Section 6 Fees; In Lieu of Marina Rental Fees, Marina Receives Greater of:
$30,000 or 10% of Net Profits, as defined in Exhibit F.
(A) In consideration of granting Lessee use of the Premises, Lessee must pay City a
use fee of $100. The fee is due and payable upon the City Council's final approval
of this Lease. This fee is in addition to any other use and permit fees required in
this Lease, by City ordinance, or State Iaw.
(B) Lessee must pay to Marina rental fees of $o.1 per square foot per day for all
Marina areas used on the Peoples Street T -Head (excluding areas covered by City
H 1 LEG- D1RIJeannielLisalTxintl.Ya htJet.Lea e.l enewr.De 14 2007 clean.da
Page 4 of 21
leases to vendors). Also, Lessee must pay to Marina rental fees for in -water boat
storage of exhibitor, patrol, medical, and media boats. The rental fees for in-water
boat storage will be controlled and governed by separately executed agreements
between Lessee and the Marina superintendent. The Marina rental fees in this
Section 6 will be billed as an actual and direct cost under Section 7 of this
Lease. However, in lieu of paying these Marina rental fees, Lessee shall pay to
Marina the greater of: (1) $30,000 or (2) 10% of the net profits from all events
staged on the Premises, including but not limited to profits from entry fees,
admission fees, concessions, and exhibitor contracts (including, but not limited to,
boat slip fees). Net Profits is defined in the attached Exhibit .
(C) Lessee must pay a deposit of five thousand dollars ($5,000) at least one month i
Page 5 of 21
(D) The City's actual and direct costs, incurred in assisting with the Event, may
include, but are not limited to, the following:
(1) Damages: Damage to City property as a result of the Event will be billed to
Lessee at the cost of repair. Lessee will first be given an opportunity to repair
any damage and restore damaged item, premises, or structure to the
condition in which Lessee received it.
(2) Clean Up and Litter Removal: Costs of labor contracted for clean -up during
and after the Event, including any additional clean -up that is required by the
Directors of relevant City departments at the conclusion of the Event, at
applicable City rates for the year billed. Lessee will be given the opportunity
to hire and work its own clean -up crew to perform clean up services and litter
removal during and after the Event;
(3)
Security and Crowd & Traffic Control: Costs of City Police Officers provided
for security, crowd control, traffic control, and off-site traffic control, at
applicable City rates for the Police Officers assigned, and costs for additional
directional signage, barricades, and cones or other supplemental traffic
control devices, as well as the associated set -up costs, that are provided by
the City. The Police Chief shall determine the number of officers needed for
the Event, including during set -up and take down preparations, in the interest
of public safety; and
a4 Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by exhibitor boats at Marina and not paid for
by exhibitors before Event is over.
(s)
Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by Lessee or Lessee's agents at Marina and
not paid for by Lessee or Lessee's agents before Event is over.
(6) Costs for any other services requested by Lessee or Lessee's Agent and
provided by the City.
Section 8 Emergency Contact Numbers; Notice.
(A) Lessee shall provide emergency contact numbers to the City's Marina
Superintendent and the Director at least one week in advance of the Event.
An notices, demands, requests, or replies provided for or permitted, under this
Lease, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; by deposit with an overnight express delivery
service, for which service has been prepaid; or, by fax transmission. Notice
deposited with the United States Postal Service in the manner described above will
be deemed effective two (2) business days after deposit with the United States
H:1LE - DIRkJeannie\Lisa\TxIntl,Ya htlet.Lease.Rene .Dec'14 2007 clean,doc
Page 6 of 21
Postal Service. Notice by telegram or overnight express delivery service will be
deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed effective upon
transmission with proof of delivery to the receiving party. Alt these
communications ations must be made only to the following:
If to the City: If to the Lessee:
Director of Parks and Recreation Peter Bryant
City of Corpus Christi M D Communica s
1201 Leopard Street, 78401 180 S. Federal ighway 4ig
P.O. Box 9277, 78469-9277 Suite 2 - cotT1-5 40
Corpus Christi} Texas Delray Be . h FL 83488 N. eti...„4 Roei c+1,
(361)880-3461 (561) 9-04
FAX (361) 880 -3864 F (561)279-
E-mail SallyG@ texas. om P -tern. , ic 81+0_13/3
1:;:t4 race} 3 E/40. i CoM
Either party may change the address to which notice is sent by using a method set out
above. Lessee shall notify the City of an address change within tern 10 days after the
address is changed.
33
FL . 33408
S,L- 8L'2- ggoif
Section 9 Public Notices. Lessee shall, at its own expense, provide to the City's
Marina Superintendent, for distribution to the public, Marina tenants, and commercial
entities, public notices detailing the Event's scheduled activities. The notices shall be
provided within ten 10 working days of the City Council's approval of this Lease. All
postal expenses incurred by the City Marina in mailing notices for the Event will be
billed to the Lessee under Section 7 of this Lease.
Section 1 Temporary Street Closures.
(A) Lessee must make application to and receive permission from the City for the
temporary closure of any streets, in accordance with Chapter 49 of the Code.
Lessee must comply with the application procedures, to obtain a permit for
temporary street closures, that are contained in the Code, including application cut-
off dates and permit fees.
(B) Except as set out in the Code, Lessee must not obstruct or interfere with traffic on
Shoreline Boulevard, either northbound or southbound, at any time during the term
of this Lease.
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(C) All street closures require the approval of the City Council to confirm the closures.
Lessee acknowledges that the decision to confirm the closure of streets is within
the sole discretion of the City Council, acting upon the application, at the time the
application is submitted.
Section 11 Parking.
(A) Lessee shall provide parking and signage, for people with disabilities, in close
proximity to the Event entrance and its related activities, as the areas are defined
in the Premises maps (Exhibits A, 13, & C).
(B) In addition, Lessee shall provide five (5) parking passes, if passes are based on
City's needs, for City personnel scheduled to work during the Event.
(C) Lessee must endeavor to include information on parking restrictions and parking
options in printed pre -Event publicity generated by Lessee.
Section 12 Barricades, Traffic signs. Lessee shall provide, at its sole cost and
expense, for the installation and maintenance of all required barricades, traffic signs,
signs to limit public viewing areas, and other traffic control devices for the safe control of
vehicular and pedestrian traffic at, and external to, the Premises as set forth in the traffic
control plan approved by the Traffic Engineer for the Event. The Traffic Engineer may
require Lessee to provide temporary directional signage to the nearby
attractions /facilities affected by any street closures and traffic circulation around the
Event.
Section 13 Premises Signage and Advertising. All on- Premises signage and
advertising that Lessee proposes to utilize for the Evert must receive the Director's prior
written approval. Lessee or Lessee's Agent may request inflatable advertising for only
those events that receive national television exposure.
Section 14 Rest Rooms; s; First Aid; Drinking Water. Lessee shall provide functional
and sanitary portable restrooms, including restrooms for people with special needs, and
first aid stations, with drinking water, in both the viewing area of the Premises and on
the Peoples Street T -Head in the Marina. Alt of the aforementioned entione items shall be
provided throughout the duration of the Event.
Section 15 Additional Security. Lessee must separately contract and pay for any
additional security, such as daily pre and post -Event public viewing hours and night
watch security, that Lessee deems necessary in the crane and patrol boat dock areas.
If this security is provided by City's Police Officers, the expense will be billed to Lessee
as an actual and direct cost in accordance with Section 6 of this Lease.
Section 16 Insurance.
(A) Lessee shall secure and maintain, at Lessee's sole expense during the term of this
Lease, 1 a Commercial General Liability insurance policy, (2) a Liquor Liability
insurance policy, (3) an Automobile Liability insurance policy, an Accident
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Insurance Policy insuring Volunteers, and Workers' Compensation insurance;
all required policies shall have the limits and requirements shown in the attached
Exhibit E.
(B) The Certificate(s) of Insurance must be sent to the Risk Manager at least two (2
weeks prior to the starting date of the Event. The Certificate(s) of Insurance must
provide at Least thirty (30) days written notice of cancellation, intent to not renew, or
material change of any coverage required in Exhibit E.
(C) Lessee shall provide copies of all insurance policies to the City Attorney upon the
City Manager's written request.
Lessee shall require that any vendor that sole alcoholic beverages at the Event
furnish proof of Liquor Liability insurance with the Limits and requirements ents set out in
Exhibit E. The Certificate(s) of Insurance must be sent to the Risk Manager at
least two (2) weeks prior to the starting date of the Event and must provide that the
City receive at least thirty (30) days written notice of cancellation, intent not to
renew, or material change of any coverage required in Exhibit E.
Section 17 Indemnity, Lessee ( "Indemnitor ") hereby agrees to fully
indemnify, save and hold harmless the City of Corpus Christi, its
officers, employees, agents, representatives, and servants
("1 ndem nitees") against any and all Liability, damage, loss, claims,
demands and actions of any nature whatsoever on account of
personal injuries (including, without limitation on the foregoing,
workers' compensation, premises defects, and death claims), or
property loss or damage of any kind whatsoever, which arise out of,
are in any manner connected with, or are caused by, or are claimed to
arise out of, are claimed to be in any manner connected with, or are
claimed to be caused by, either proximately or remotely, wholly or in
part, an act or omission, negligence or misconduct by Indemnitor,
Indemnitor's officers, employees, agents, representatives, servants,
contractors, patrons, licensees or invitees entering upon the
Premises (as described in Section 3 of this Lease) including, but not
limited to, those portions of Shoreline Boulevard and adjacent
portions of the road median, the Seawall, and the Marina, that are
closed to participate in, hold, attend, or observe the Event and
associated activities, with the expressed or implied invitation or
permission of the Indemnitor and including, but not limited to,
exposure to the hazards commonly associated with large crowds,
streets closures, third-party food preparation and distribution, high
speed boat racing, and excessive heat; or when any said injury or
damage is the result, proximate or remote, of the violation by
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Indemnitees or any of Them, Indemnitor, or any of Indemnitor's
agents, representatives, servants, employees, contractors, patrons,
guests, licensees, or invitees of any law, ordinance, or governmental
order of any kind; or when said injury or damage may in any other
way arise from or out of the improvements located on the Premises,
out of the use or occupancy of the improvements at the Premises, or
of the Premises itself, by Indemnitees or any of them, !ndemnitor, or
Indemnitor's officers, agents, servants, employees, contractors,
patrons, guests, licensees, or invitees.
The terms of indemnification are effective whether said injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of Indemnitees, or any of them. Lessee
covenants and agrees that it shall investigate all claims and demands,
attend to their settlement or other disposition, defend all actions
based thereon with counsel satisfactory to Indemnitees, and pay all
charges of attorneys and ail other costs and expenses of any kind
from any of said liability, damage, loss, claims, demands, or actions.
Section 18 Safety Hazards.
(A) Lessee shall, upon written notice of an identified safety hazard by the Police Chief,
the city's Fire Chief, Director, or Risk Manager, correct the safety hazard(s) within
six hours of receipt of the notification or, if a different response time is included in
the notification received, within the time frame included in the written notice of
safety hazard.
(B) If Lessee or Lessee's Agent does not correct the safety hazard(s) within six hours
or the time stated in the notification, as applicable, City may correct, or cause to be
corrected, by any means reasonably available, the existing safety hazard and will
bill Lessee for the associated cost of correction(s) as an actual and direct expense,
in accordance with Section 6 of this Lease.
Section 19 Damages to City Property.
(A) The Director shall provide Lessee's Agent with a list of damages, if any, to City
property located on the Premises within two (2) working days after the close of the
Event. Lessee shall restore all items on that list to their condition prior to the
Event, to the satisfaction of the City's Director of Engineering, within three (3)
working days of receipt of the list.
(B) If Lessee fails to restore all items on the list, the Director may do so, or may cause
the same to be done, and will bill Lessee for the restoration as an actual and direct
cost, as set out in Section 6 of this Lease.
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(C) Lessee or Lessee's Agent shall, upon conclusion of the Event, fill and compact all
holes in grass areas of the Premises made by Lessee or any entity or person
participating in the Event. The Director shall approve the use and type of fill
material prior to filling by Lessee. Any subsidence within the Premises must be
additionally filled by Lessee or Lessee's Agent.
Section 20 Pavement, Curbs, Sidewalks, and Seawall. Any work that creates holes
or other changes to the pavement, curbs, sidewalks, or Seawall requires the prior
written approval of the Director and the City's Director of Engineering Services before
the work is performed; provided however, that no approval shall be given if the work will
require subsequent repairs by the City.
Section 21 Permits.
(A) Lessee shall obtain, and require that all vendors obtain, all permits applicable to
the Event which may include, but are not limited to, the following:
(1) a city - County Health Department permit for each booth selling food and all
associated permits for food handling
(2) a Promotional Event Zoning Permit and a Temporary Structure Event Permit
with a Certificate of Occupancy from the City's Building Inspections
Department;
(3) a Street Closure Permit from the City's Traffic Engineering Department;
(4) a Special Event Alcohol Permit from the City's Park & Recreation Department;
(5) a Solicitation Permit from the City's Collection Department;
(6) a Regatta and/or Marina Event Permit, as mandated by 33 D.S.C. Section
loo, as amended, from the City's Marina Superintendent; and
(7) a helicopter Landing/Taking Off Permit from the City's Airport Manager
(B) Lessee must also obtain permission from the U.S. Coast Guard for use of the
navigable waterways prior to the Event.
(C) Lessee or Lessee's Agent must notify the Director, at least two weeks prior to the
Event, of any special conditions imposed by any permitting agency or the U.S.
Coast Guard upon Lessee, in relation to the Event.
Section 22 Cleanup. Lessee shall require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals
during the Event. Lessee may designate the zone, but it will not be less than 10 feet by
20 feet in the immediate area around each food and beverage booth.
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The clean-up must be performed hourly and immediately after closing the Event
each day. All trash cleaned up must be properly deposited in trash bags provided
by Lessee and taken to a location designated by Lessee.
(B) Lessee may hire and work its own clean -up crew during and after the Event. if the
Director determines that additional clean -up is necessary, Director will give Lessee
or Lessee's Agent two (2) hours notice to increase services and if, after the
expiration of the response time, the work remains unsatisfactory, the Director may
authorize the use of City workers, and the cost for the labor provided by the City's
clean -up workers shall be billed to Lessee as an actual and direct cost pursuant to
Section 6 of this Lease.
Section 23 Storm Water inlet Screens. Lessee shall, at its sole cost and expense,
install screens, approved by the City's Storm Water Utility Division, across all storm
water inlets on the Peoples Street T -Head and within any closed streets in the Premises
prior to the beginning of the exclusive use period of this Lease. Lessee shall ensure
that drainage is not blocked or impeded by the placement of the screens. Lessee shall
remove the screens within the non - exclusive use period after the close of the Event.
However, Lessee must remove screens (along with any trash that has accumulated
over the screens) immediately if heavy rain is imminent, or upon the direction of the
Stormwater Superintendent or designee.
Section 24 Construction.
The construction work for displays, stages, electrical, etc., within the Premises or
adjacent closed streets shall be conducted in accordance with the City's building
codes and restrictions.
(B) Construction requested by Lessee that can be foreseen by City to cause damage
shall only be authorized if (1) Lessee provides the Director with written assurance,
submitted prior to the construction being performed, that Lessee agrees to remedy
said damage in accordance with Section 19 of this Lease; and (2) the Director pre -
approves the construction in writing.
Section 25 Temporary Buildings. Lessee must receive prior written approval from
the Director to place any temporary buildings on the physical ground of the Premises.
Otherwise, all temporary buildings moved onto the Premises for the Event shall be
placed and must remain on trailers to promote expeditious removal.
Section 26 Electrical & Water Services. Electrical and water service may not be
provided on or at all parts of the Premises. Lessee must apply for and secure a
Temporary Promotional Event Permit from the City's Building Inspection Division in
order to install electrical service for the Event. Furthermore, a Certificate of Occupancy
must be signed by the proper inspectors to have all temporary services, such as food,
electrical, plumbing, teats and structures, inspected and approved. It is the
responsibility of Lessee to call each inspector for an appointment to inspect and obtain
approval for each temporary service prior to the commencement of the Event.
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Section 27 Permissible Vendor Location Markings. No paint or semi- permanent
markings will be permitted that obliterate or deface any pavement markings, street curb
markings or signs heretofore existing for the guidance of motor vehicles or pedestrians.
Chalk or tape markings may be used to pre -mark locations on the sidewalk or street.
Painted markings will only be permitted in grassy areas with the prior written approval of
the Director.
Section 28 Dispute Resolution. The City and Lessee agree that any disputes which
may arise between them concerning this Lease, such as determining the amount of
damage to City property occurring as a result of the Event, must be submitted for
determination and resolution, first to the Director, and thereafter by right of appeal to the
City Manager. The decision of the City Manager may be appealed to the City council
by giving written notice of appeal to the City Secretary within ten (10) days after the
written decision of the City Manager has been received by Lessee. In the event of an
appeal, the decision of the City Council will be final. This Lease in no way waives
Lessee's right to seek other legal remedies during the appeal process.
Section 29 Emergency Vehicle Lanes. Lessee shall, at all times during the Event
and non - exclusive use periods, maintain emergency vehicle lanes upon the Premises
as may be designated by the City's Fire Chief. Lessee must ensure that all emergency
vehicle lanes are kept clear of all obstructions.
Section 30 Fence. Lessee may provide, at its sole expense, a temporary six foot (6')
chain link fence, with gates for access as shown on Exhibit A. The fence will help
improve security, crowd control, litter control, and keep bicycles, skateboards, animals,
and personal coolers out of the Event area.
Section 31 Admission Fee. Lessee may charge an admission fee within the fenced
portion of the Premises as shown on Exhibit A.
Section 32 Volunteers. Lessee must require all volunteers who will participate in the
Event to sign an accident waiver form, which will be maintained on file with Lessee.
The accident waiver form used by Lessee shall be reviewed by the Risk Manager and
approved by the City Attorney at least two weeks prior to the Event.
Section 33 Assignment. Lessee may not assign or transfer this Lease or sublease
the whole or any part of the Premises without the prior written consent of the City
Council.
Section 34 Breach. Any breach by Lessee of any covenant or condition contained in
this Lease entitles the City to terminate this Lease without notice or demand of any kind,
notwithstanding any license or permit issued by the City, and no forbearance by the City
of any prior breach by Lessee is a waiver by or estoppel against the City.
Section 35 Right of Lessee to Use Public Streets. Lessee acknowledges that the
control and use of public streets is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
interest in the public property to Lessee.
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Section 36 Right of Lessee to Use Public Parks. Lessee acknowledges that the
control and use of public parks is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
interest in the public property to Lessee.
Section 37 Not Partnership or Joint Venture. This Lease may not be construed as
or deemed by the parties to be a partnership, joint venture, or any other relationship
which requires the City to co- sponsor or incur any liability, expense, or responsibility for
the conduct of the Event or associated activities. Payments received from Lessee by
the City are compensation for the provision of the City services, as described in this
Lease, and for granting Lessee the right to use public property for the limited purpose
described.
Section 38 Agreement between Parties. This Lease is between the City and Lessee
for the purpose of described herein and is not for the benefit of any third party or
individual.
Section 39 City Services Subject to Appropriation. Lessee recognizes that the
services agreed to be provided by the City, pursuant to this Lease, are subject to the
City's annual budget approval and appropriation process. The continuation of any
contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of
each year, is subject to appropriations and budget approval. The City does not
represent that the expenditures required by the City for the provision of services
required by this Lease will be adopted by future City Councils, said determination being
within the sole discretion of the City Council at the time of adoption of each fiscal year
budget. if the expenditures required by the City for the provision of services required by
this Lease are not adopted for the upcoming applicable fiscal year, then City may
terminate this Lease, without recourse by Lessee, only at the end of the current
applicable fiscal year.
Section 40 Compliance with Laws
Lessee must comply with all applicable Federal, State, and local government laws,
rules, regulations, and ordinances which may be applicable to its operation at the
Premises and its performance under this Lease including, without limitation,
compliance with the Americans with Disabilities Act, as amended. All compliance
required by Lessee under this section shalt be at Lessee's sole expense and cost.
This Lease is also subject to applicable provisions of the City Charter.
If any action or proceeding is brought to enforce compliance with this Lease, or for
failure to observe any of the covenants of this Lease, Lessee must pay the City the
sum that a court of competent jurisdiction may adjudge reasonable as attorney's
fees in said action or proceeding, or in the event of an appeal as allowed by an
appellate court, if a judgment is rendered in favor of the City.
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Section 41 Interpretation; Venue. This Lease will be interpreted according to the
Texas laws that govern the interpretation of contracts. The parties agree that venue lies
in Nueces County, Texas, where this Lease was entered into and will be performed.
Section 42 Non-discrimination. Lessee warrants that they are and will continue to be
are Equal Opportunity Employer. Lessee hereby covenants that all of its employees,
participants, invitees, guests, and members of the public shall be treated equally without
regard to or because of race, color, creed, national origin, ethnicity, sex, disability, or
age and, specifically regarding the employer- employee relationship, in compliance with
all Federal and State laws prohibiting discrimination in employment.
Section 43 Force Majeure. No party to this Lease will be liable for failures and delays
in performance due to any cause or circumstance beyond their control including, without
limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts
of God or the public enemy, common carrier, severe inclement weather, riots or
interference by civil or military authorities. The rights and obligations of the parties will
be temporarily suspended during this period to the extent performance is reasonably
affected.
Section 44 Survival of Terms. Termination or expiration of this Lease, for any
reason, shall not release either party from any liabilities or obligations set forth in this
Lease that (a) the parties have expressly agreed shall survive the termination or
expiration, or (b) remain to be performed or by their nature would be intended to be
applicable following the termination or expiration.
Section 45 Construction of Ambiguities. The parties expressly agree that they have
each independently read and understood this Lease. Any ambiguities in this Lease
shall not be construed against the drafter.
Section 46 Captions. The captions employed in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions hereof.
Section 47 Entirety Clause. This Lease and the incorporated and attached Exhibits
constitute the entire agreement between the City and Lessee for the use granted. All
other promises and representations, oral or otherwise, unless contained in this Lease,
are expressly revoked, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its Exhibits of the terms, conditions, promises,
and covenants relating to Lessee's operations and the Premises to be used in the
operations that are the subject of this Lease.
Section 48 Severability.
it is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word hereof be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, provision, phrase,
or word of this Lease or the application hereof to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Lease, or the
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application of said term or provision to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected hereby.
To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Lease, then the remainder of this
Lease is not affected thereby; and in lieu of each illegal, invalid, or unenforceable clause
or provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 49 Marina Sale or Lease; Lease Assignment Subject to Council Approval.
If the Marina is sold or leased to another operator, the operator shall be bound by all
provisions of this Lease.
Under Section 4 of Article IX of the City Charter, "rho franchise or lease of property of
the City shall be transferred by the holder [Lessee] thereof except with the approval of
the Council expressed by ordinance, which approval shall not be unreasonably
withheld."
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Page 16 of 21
SIGNED IN DUPLICATE, each of which shall be considered an original, on this the
2007.
ATTEST:
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM:
Lisa Aguilar, Assistant City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF NUECES
3
3
3
CITY OF CORPUS CHRISTI
George K. Noe, City Manager
This instrument was acknowledged before me on , 2007, by
George K. Noe, or his designee, , City Manager of the
City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said
corporation.
Notary Public, State of Texas
Printed name:
Commission expires:
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Page 17 of 21
LESSEE: MMD COMMUI'JICA IONS
Signature:
Printed Name: Peter Bryant
Title: President Date:
STATE OF FLORIDA
A
COUNTY OF
This �r � `� �� �o i✓
This instrument was acknowledged wedged before me on �� �. a by
Peter Bryant, President of MMD Communications, a Florida corporation, on behalf of
said corporation.
Lary ' ublic, State of Florida
Printed name:
Commission expires:
4:2\
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CORPUS CFI&TI naunnauN Hnnwn, em OF CORPUS eN2rsri. TEXAS
APRIL 24 - 27, 2009
1
Texas international Boat Show
Page 18 of 21
EXHIBIT D
TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
YEAR NON-EXCLUSIVE USE PERIODS
2007 12 :01 p.m. Monday, Apr. 23, 2007
thru 6:00 p.m. Monday, Apr. 30, 2007
4 DAY EXCLUSIVE USE PERIODS
6 :00 a.m. Thursday, Apr. 26, 2007
thru 6:00 p.m. Sunday, Apr. 29, 2007
2008 Exclusive Use Period: 12 :01 am. Sat. Apr. 19, 2008 thru 6:00 p.m. Monday Apr.
28, 2008 (10 day exclusive use period).
2009 -12 Exclusive Use Period: 12:01 a.m. Sat. Apr
. (10 day exclusive use period)
• 2013-17 Exclusive Use Period: 12:01 a.m. Sat. Apr.
, . (l0dayexclusiveuseperiod)
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thru 6:00 p.m. Monday
- -, thru 6:00 p.m. Monday
Page 19 of 21
EXHIBIT
INSURANCE REQUIREMENTS
A. Lessee must not commence work under this Lease until all insurance required herein has been obtained and
such insurance has been approved by the City. The Lessee must not allow any subcontractor to commence
work until all similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE
30-Day ay Notice of Cancellation, non- renewal, materia
change or termination required on all certificates
COMMERCIAL GENERAL LIABILITY including:
1. Commercial Form
2. Premises rt Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
LIQUOR LIABILITY
1. Vendors providing and/ or selling alcohol
AUTOMOBILE LIABILITY -- Owned, Non - owned or
rented vehicles
1. Contractors & Subcontractors delivering tents,
stages, bleachers, temporary structures and
other large items
2. Lessee workers and volunteers
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
ACCIDENT POLICY FOR VOLUNTEERS
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
$1,000,000 COMBINED EC SINGLE LIMIT
$1,000,000 COMBINED SINGLE LIMIT
$500,000 C MBINED SINGLE LIMIT
AT A MINIMUM , STATUTORY LIMITS of $20,000 /
$40,000 for BODILY INJURY & $15,000 for
PROPERTY DAMAGE
Required if Lessee employs any person other
than himself/herself:
WHICH COMPLIES WITH THE TEXAS WORKERSO
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$100,000
$5,000 MEDICAL PAYMENTS per PERSON
$10 $1O,000 DEATH or DISMEMBERMENT per PERSON
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such
accidents within ten (10) days of the accident.
International Yacht & Jet Plane Show ins. req.
12-16-05ep Risk Mgmt
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Page 20 of 21
II. ADDITIONAL REQUIREMENTS
A. Lessee 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 workers' compensation
coverage provided must be in an amount sufficient to ensure that all workers' compensation
obligations incurred by the Lessee will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, Compensation coverage 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 ". In
lieu of modification of the ACORD form, separate policy endorsements addressing the
same substantive requirements are mandatory.
The name of the event, including exact dates including move-in and move out
dates shall be shown under the Description of Operations/ Locations Vehicles/ Special
Items.
• At a minimum, a -day written notice to the Risk Manager and Parks and Recreation
Director of material change, non - renewal, termination or cancellation is required.
C.
If the Certificate of Insurance does not show on its face the existence of the coverage required by
items 1.B (1) -(7 ), an authorized representative of the insurance company must include a
letter specifically stating whether items 1.6. (1) - (7) are included or excluded.
International Yacht & Jet Plane Show ins. req.
1 12-16-05ep Risk Mgmt
H:ILE -DI \Jennie\ Lisa \TxlntLYa htJet Lease.F en .De 14 2007 cl an.doc
Page 21 of 21
Exhibit F
The following May 24, 2006 e-mail from Peter Bryant to Doyle Curtis (with minor
revisions by Doyle Curtis) shall be used in defining "Net Profits" as used in this Lease:
"Peter Bryant' yan p @bellso th._ 05/24/06 5 :28 :51 PM
"Dear Doyle,
The following is my [Peter Bryant' s] interpretation of net profit for purposes of the
contracts for the boat show.
Gross revenue is the total amount of revenue generated from slip sales, exhibit booth
sales, hard standing area space sales, sponsorship sales, concession sales, ticket
sales, etc.
Gross profit is equal to gross revenue minus the cost to generate this revenue ie
commissions and salaries.
Net profit is equal to gross profit minus all other costs associated with the staging of the
event ie tent rental, salaries, telephone, hotel costs, catering costs etc.
would have no problem with establishing a base figure of $25,000 or 10% of net profit,
whichever is greater.
Please give me a call.
With best regards
Peter Bryant
Texas International Boat Show"
N:1LE -D1f \J annielLi a1TxIntl.YachtJ t.Leas . en w.De 14 2007 clean.doc
8
AN ORDINANCE
AMENDING DIi G THE CODE F ORDINANCES, CITY F CORPUS
CHRISTI, CHAPTER 17, ESTABLISHING $2.50 CONVENIENCE IENCE FEE
FOR RESIDENTIAL unurif PAYMENTS VIA INTERNET R
AUTOMATED TELEPHONE SYSTEM; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Chapter 17, Finance and Taxation, Article 1, of the Code of Ordinances is
amended to add new section 17-3.1, to read as fellows:
"Sec. 17 -3.1 Convenience fee for residential utility pappepts ma a via Internet or
aureate telephone ayen. --
"The convenience fee for residential utili • a rents made via the Internet or throu
automated telephone system is $25Opertransgction."
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. This ordinance takes effect February 4, 2008.
H:IL G -DI \Lisa \Ordinance 2007Tlectronic payment fee.DOC 1/2/2008
That the foregoing rdln ne was read for the first time and passed to its second
reading on this the _ day of , 2008, by the following vote:
Henry Garrett _ Priscilla a Leal
Melody Cooper John B. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel' Michael McCutchon
Bill Kelly Ma5/A4-+
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael M Cut hon
Bill Kelly
PASSED AND APPROVED, this the day of _ , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: January 2, 2008
By:
Lisa Aguil
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 8, 2SiQ8
AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 17,
Establishing $2.50 Convenience Fee for Residential Utility Payments via internet or
Automated Telephone System; providing for severance; and providing for publication.
ISSUE: The City was one of the first municipal ipal governments to implement ent online
payments. In 2002, the City entered into an agreement for a payment application with
Texas Local Interactive, a wholly owned subsidiary of the National Information Consortium
USA. The rate for bank transaction fees was 2 percent. In October 2002, the first month
when the online utility payment service was launched, 141 payments were made for
$16,102 with bank transaction fees of $418.66.
As web usage expanded and technology improved, in 2004 E- Government implemented an
online payment system from HTE which interfaced with the utilities HTE billing system. At
the same time, E-Government conducted a request for bids for a new merchant account
and was able to secure a lower rate of 1.8 percent through Bank of America. Currently,
bank transaction fees and other direct costs are funded in the E- Government Services
Department operating budget. In Fiscal Year 2006-07, the total amount of payments had
increased 376 percent over Fiscal Year 2003 -2004. Online and IVR payments are being
made by eight percent of the City's total utility customers, so significant increases in online
and IVR payments are anticipated to continue.
REQUIRED COUNCIL ACTION: Passage of the ordinance amendment ent to establish a
convenience fee for electronic payments via Internet and Interactive Voice Response (IVR)
telephone system of utility bills.
PREVIOUS COUNCIL ACTION:
In April 2003, City Council approved an amendment to the Code of Ordinances, Chapter
17, Finance and Taxation, by adding Electronic Payment Use Fees to establish the fee
structure for electronic payments via Internet of Municipal Court Fines and Fees (This
online ticket payment application was discontinued, with future plans to implement a new
service interfaced with the Court Specialists, Inc., application used by Municipal Court.)
FUNDING: The ordinance amendment requires no expenditure of funds.
CONCLUSION AND RECOMMENDATION: Ap•roval of the or finance as presented.
677121)/
Oscar Martinez Annie Leal
Assistant City Manager
Interim Director, E -G vernment Services
BACKGROUND INFORMATION
Currently, residential customers can access their utility account balance and pay online
through Internet with a credit card (Visa and Mastercard). The online SITE utility billing
system, implemented in October 2004, has built -in database interfaces and allows
customers to make payments by credit card. Customers are able to access account
information, status, balance, last bill sent and last payment received, consumption
information, including graphs for the last three years, billing history with bill date, due date,
balance forward, current charges, and total bill. In addition, customers can access service
summaries for status, start and stop dates, 12 -month average charge, graphs for last 12
billings and billing statements with detailed billing and charges.
The phone IVR, implemented in August 200 5, allows customers, by phone, to make
payments by credit card, secure access of current status, hear previous billing and
payment information for a 12 -month period, request payment or billing history and account
status via fax.
In addition to providing improved customer service and 24/7 access, the online and phone
utility payment systems offload many customer calls. Over 6,500 utility customer access
the online account information monthly.
As usage of the online and telephone utility billing applications increased, the dollar amount
collected steadily increased as follows:
Fiscal Year
Total Amount Collected
2003-04
$1,991,058
2004-05 - -
$2,511 ,991
2005 -06*
$6,295,864
2006-07
$9,492,669
*Telephone system not implemented until August 2005.
Staff is recommending the establishment of a convenience fee for utility customers
(residential only) in the amount of $250 per transaction based on bank fees charged and
additional related direct costs to cover the credit card payment and security applications via
Internet and automated telephone system. In a 2005 study published by Northern Illinois
University of local governments in the United States with online payment applications
(parking violations, utilities, property taxes and water- related payments), 76 percent of the
local governments charged a convenience fee.
Direct annual costs include:
Sungard HTE application annual fee - - - -- --
- $1O,140
Selectr ri telephone application annual fee
$18,506
SSL security certificate
$233
$3,600
IVR processing fee (fee for each transaction over the phone
system
Server maintenance
$5,400
Server leases - Sungard HTE, Selectron, web cluster servers
8
$8,208
Total - - - - - - -- - -- - - - -- - - -- - --
$46,087
We derived the $2.50 flat fee as follows:
During the first three months of the current fiscal year (2007-08), we have collected
$2,631 976 with 14,853 transactions online and 8,759 transactions by phone. Applying the
rate for bank transaction fees of 1.8 percent to projected total credit card payments for this
fiscal year, total bank fees are estimated to be $189,502. Adding the other direct costs of
$46,087, the total cost for online and IVR payments this fiscal year is estimated to be
$235,589. Dividing this number by the total projected transactions of 94,448 for this fiscal
year, the estimated cost per transaction is $2.494.
The convenience fee calculation will be reviewed annually during the budget process.
9
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: January 15, 200 8)
Case No. _ 1207-03 U Stor C.C. IV LLC: A change of zoning from a "B-4" General Business District
to an "1-2" Light Industrial District resulting in a change of land use from commercial to industrial on
3.117 acres out of Bohemian Colony Lands, Lot 5, Section 2, located approximately 170 feet north of
Holly Road and approximately 275 feet east of Kostoryz Road.
Planning Commission & Staffs Recommendation ecembcr 12 2007 : Denial of the "1-2" Light
Industrial District and, in lieu thereof, approval of a Special Permit for an outdoor storage facility for
recreational vehicles and boats, subject to a site plan and the following five conditions:
1. Uses: The only uses permitted by the Special Permit other than those uses permitted by
right in the
"13-4" General Business District is an outdoor storage facility for recreational vehicles and
boats.
2. Lighting: All security lighting must be directional and shielded and be directed away from
adjacent residences and nearby streets. Full cutoff shields required for all lighting. No light
projection permitted beyond the property line near all public roadways and residential
development.
3. Trash Dumpsters: No trash dumpsters allowed within fifty (50) feet of the property lines
adjacent to the residential use.
4. Maintenance of vehicles: No maintenance of recreational vehicles and boats including
power washing of vehicles or flushing of boat motors is permitted.
5. Time Limit: Such Special Permit shall be deemed to have expired within eighteen months
of the date of this ordinance, unless the property is being used, or significantly developed,
as outlined in Condition #1 and in compliance with all other conditions.
Summary:
• Request: The applicant is requesting a zoning change from a "B-4" General Business District to an
"1 -2" Light Industrial District to allow an outside storage facility to accommodate approximately
117 recreational vehicles and boats. Approximately 44 spaces will be uncovered, 70 spaces will be
covered, and three spaces will be enclosed. The proposed use is located on a 3.117 acre tract and is
located generally 300 feet northeast of the intersection of Holly Road and Kostoryz Road. The
3,117 acre tract is to be developed in conjunction with and at the rear of a mini- storage facility
which will front on Holly Road.
• Proposed Use: The applicant proposes storage of recreational vehicles and boats on the subject
3.117 acre tract in conjunction with and at the rear of a proposed mini- storage facility to front on
Holly Road. The applicant will operate the mini- storage facility and the outside storage facility on a
24 -hour basis with electronically secured gates on each entrance from Holly Road and Kostoryz
Road.
• Zoning: The "B -4" General Business Di
Agenda Memorandum
Case No. 1207-03 (U Store C.C., IV, LL)
Page 2
• Existing Land Uses: The subject property is currently vacant. The property immediately to the
south that consists of 1026 acres is also vacant and is zoned "B-4" General Business District. That
property is proposed as a mini- storage facility and will include as part of its development the 3.117
acre subject property as an outdoor storage facility for recreational vehicles and boats. To the east
and north is a medium density residential development with duplexes and four -piees which is
zoned "B-4" General Business District. The property to the west is vacant and is also zoned
"8-4" General Business District.
• Utilities: The area is served by water and wastewater.
• Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the
potential traffic generated by a storage facility with 117 parking spaces will be approximately 59
vehicle trip ends per day.
• Comprehensive Ian Future Land Use: The proposed "I-2" " zoning is not consistent with the
adopted future land use plan. The future land use plan recommends commercial for the subject
property.
Notification: Of the nine notices mailed to the surrounding property owners, zero (0) were returned in
favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered
non- controversial. State law 20% rule is invoked when property owners who own o% of the land
within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a
three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than
a simple majority. Unless such proposed change is approved by the Planning Commission such
change shall not become effective except by a favorable vote of a majority plus one of the City
Council present and voting.
/1/4-
Bob Nix, AICP
Assistant City Manager of Development Services
NGllibl p
Attachments:
1) Zoning Report
2) Planning Commission Minutes (December 12, 2007)
3) Ordinance
PIM/Project Manager
SrCP/CP
Planning Director
H:1PL1 -DI ISHA DIBev rly1 007 \D ' 7\1207- A iENDAMEM .do
CITY COUNCIL
ZONING REPORT
Case No.: 1207-03
City Council Hearing Date: January 15, 2008
Applicant &
Legal
Description
Applicant: U St or of C.C. #IV, LLC
Owner: Same as Applicant
Agent: Wayne Lundquist
Legal Description/Location: 3.117 acres out of Lot 5, Section 2, Bohemia Colony Lands located
approximately 300 feet northeast of the intersection of Kostoryz Road and Holly Road.
Zoning Request
From: "i3-4 " General Business District
To: "I -2" Light Industrial District
Area: 3.117 acres 1 square feet
Purpose of Request: To allow for additional storage facility with outside storage for recreational
vehicles and boats.
Existing Zoning and Land
Uses
—
-
Zoning
Existing Land Use
Future Land Use
Site
"B-4" General Business District
Vacant
Commercial
North
"B-4" General Business District
Medium Density
Residential
Medium Density Residential
South
"B-4" General Business District
Vacant
Commercial
East
"B-4" General Business District
Medium Density
Residential
Medium Density Residential
West
"B-4" General Business District
Vacant
Commercial
ADP, Map &
Violations
Area Development Plan: Southside ADP. The proposed rezoning is not consistent with the adopted
future land use map which identifies commercial for the subject property.
Map loo.: 047038
Zoning Violations: None
Zoning Report
Case No. 1207-03 (U Stor of C.C. #IV, LLC revised)
Page 2
Staff's Summary
• Request: The applicant is requesting a zoning change from a "13-4" General Business
District to "I -2" Light Industrial District to allow an outside storage facility to accommodate
approximately 117 recreational vehicles and boats. Approximately 44 spaces will be
uncovered, 70 spaces will be covered, and three spaces will be enclosed. The proposed use
is located on a 3.117 acre tract and is located generally 300 feet northeast of the intersection
of Holly Road and Kostoryz Road. The 3.117 acre tract is to be developed in conjunction
with and at the rear of a mini- storage facility which will front on Holly Road.
• Proposed Use: The applicant proposes storage of recreational vehicles and boats on the
subject 1117 acre tract in conjunction with and at the rear of a proposed mini- storage
facility to front on Holly Road. The applicant will operate the mini- storage facility and the
outside storage facility on a 24-hour basis with electronically secured gates on each
entrance from Holly Road and Kostoryz Road.
• Zoning: The "B-4" General Business District is intended to accommodate a full range of
commercial uses including retail, personal service uses and mini- storage facilities.
However, the "B-4" District does not allow outdoor storage of any kind. Outdoor storage is
permitted only in the "1 -2" Light Industrial or "1-3" Heavy Industrial Districts. The "B-4"
District requires a twenty (20) foot front yard setback, and ten (10) foot side and rear yard
setbacks for buildings when adjacent to properties zoned residentially. This district does
not require a minimum lot size and the height is unlimited.
• Existing Land Uses: The subject property is currently vacant. The property immediately
to the south that consists of 3.026 acres is also vacant and is zoned "B-4" General Business
District. That property is proposed as a mini- storage facility and will include as part of its
development the 3.117 acre subject property as an outdoor storage facility for recreational
vehicles and boats. To the east and north is a medium density residential development with
duplexes and four -pie es which is zoned "B-4" General Business District. The property to
the west is vacant and is also zoned "B-4" General Business District.
• Utilities: The area is served by water and wastewater.
• Transportation: Based on the Institute of Transportation Engineers Trip Generation
Manual, the potential traffic generated by a storage facility with 117 parking spaces will be
approximately 59 vehicle trip ends per day.
• Comprehensive Flan Future Land Use: The proposed "1-2" zoning is not consistent with
the adopted future land use plan. The future land use plan recommends commercial for the
subject property.
Street R.O.W.
_ Street
Type
-
Paved Section
-- volume (2007)
Holly Road
Al- Minor
Arterial
--
95' ROW (64' back to back)
1 7,732 a.d.t.
(between Kostoryz
Road and Carroll
Lane)
Kostoryz Road
Al- Minor
Arterial
95' ROW (64' back to back)
19,772 a.d.t.
(between Holly
Road and SPID)
* a.d.t. — Average daily
trips
Zoning Report
Case No. 1207-03 Stor of C.C. #IV, LLC revised)
Page
-
The subject property is not platted and must be latted before a building ermit is issued.
Department
Comments
• A change of zoning to "I ;„ Light Industrial District for the subject property would be inconsistent
with the Southside Area Development Plan which indicates commercial as the future land use.
Staff Recommendation
Denial of the "1 -2" Light Industrial District and in- lieu - thereof approval of a Special Permit for an
outdoor storage facility for recreational vehicles and boats, and subject to a site plan and the following
five (5) conditions:
1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right
in the "B-4" General Business District is an outdoor storage facility for recreational vehicles
and boats.
2. Lighting: All security lighting must be directional and shielded and be directed away from
adjacent residences and nearby streets. Full cutoff shields required for all lighting. No light
projection permitted beyond the property line near all public roadways and residential
development.
3. Trash um st r : No trash dumpsters allowed within fifty (50) feet of the property lines
adjacent to the residential use.
4. Maintenance of vehicles: No maintenance of recreational vehicles and boats including
power washing of vehicles or flushing of boat motors is permitted.
5. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the
date of this ordinance, unless the property is being used as outlined in Condition #1 and in
compliance with all other conditions.
Planning
Commission
Recommendation
Approval of Staff Recommendation.
Comments
Received
Number of Notices — 9
Favor — 0
Opposition — 0
(As of December 24, 2007)
Attachments: 1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site 2006 Aerial
5. Site — Existing Zoning, Notice area, Ownership
6. Comments received from Public Notices mailed
7. Ownership List
8. Site Plan
H:IPLN -DIR\ HAREDIBEVERLY\2007 PC1Z N PT IDECEMBEI \ C11 07 -0 U STORE C.C. , LLC REVISED.DOC
CASE # 7207 -03
T. NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at witv6v. actexas.com
CASE # 1207-03
2. NEIGHBORHOOD - EXISTING LAND USE
Estate Residential. - ER
Low Density Residential. LDR
Abed Density Residential. - MDR
High Density Residential. HDR
Mobile Home - MH
Vacant - VAC
Professional Office - PO
Commercial - COM
Light industrial -
Heavy industrial - HI
Public Semi-Public - PSP
CASE # 1207-03
3. NEIGHBORHOOD - FUTURE LAND USE
. . Agricultural/Rural - AR
Estate Residential - ER
Low Density Res. - LDR
Medium Density Res. - MDR
Nigh - Density Res. - HRD
sew Mobile Home - l l I
Professional Office - P
NM Commercial - COM
MN Tourist - TOR
MO Research Business Park - RBI'
� J
Light Industrial - LI
1` Heavy Industrial - HI
MS Public/Semi-Public - PSP
NM Park
Drainage Corridor - DC
Li Dredge Placement - DP
:at Water
Conservation /Preservation - CP
Arterials
Collectors
Expressways
Parkway
Railroad �.....1
Existing
Proposed
01=30C
C
LOCATION MAP
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at vinsw. ectexas.com
27 23
RE TM
22
CASE # 1207-03
5. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
A-1
A.OA
A -2
AB
AT
8-1A
8-2
8-2A
8.3
8-4
8-5
8-8
BD
F-R
HC
Apartment House District
Aparitrient House District
Apartment Heine District
Professional Office District
Apariment-Totaist District
Neighborhood Business District
Neighborhood Business District
Beyfront DiSifiCt
Ekrrier Island Business 04frici
8usine.1 District
GMered 8ussDbf
Primary Business District
Primary Business Ccre District
Ccfpus Offish Beech Design Dist
Form Rural Distlici
Historicol.Cerltural Larndfnirth
Proservebon
Lirriled Industrial District
1.2 Ugh, industrial District
1-3 Heavy industrial District
KID Planned Wit Development
R-IA One Farndy Dogging District
8.18 Dna Family °wolfing District
R-10 One Family Dwelling Dtnct
R.2 Multiple Chweling District
RA One Fern* Diveling District
FIE Residential Esteie District
R-TH Toovso08.,g01i8cl
SP Special POMO
r-m Travel Tatter Park Dial*,
TAB Manufactured Home PEA District
T-IC Manufactured Horne Subdhcision
District
r7.1
Subject Owners Owners
LLI Property kr, in favor in opposition
_4 Owners within 200' listed on
attached ownership table
*-fp COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 1207 -03
Name: U Store C.C., IV, LLC
Circled =FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 9
Returned undeliverable: 0
I. Notices returned from within the 200 -foot notification area:
Favor: 0
Opposition: 0 ( )%
H. Responses received from outside the 200 -foot notification area:
Favor: 0
OppOSitiOII: 0
III. Responses received from owners /applicants of subject area:
Favor: 0
Opposition
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Page 1 of
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY U STOR OF CC #IV, L.L,C., BY CHANGING THE ZONING MAP IN
REFERENCE TO 3.117 ACRES OUT OF LOT 5, SECTION 2,
BOHEMIAN COLONY LANDS, FROM "B-4" GENERAL BUSINESS
DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A
SPECIAL PERMIT TO ALLOW FOR AN OUTDOOR STORAGE
FACILITY FOR RECREATIONAL VEHICLES AND BOATS, SUBJECT
TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
rec nmendatr ns concerning the application of J Stor of CC #I V, L.L C., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
December 12, 2007, during a meeting of the Planning Commission, and on Tuesday,
January 15, 2008, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 3.117 acres out of Lot 5, Section 2, Bohemian
Colony Lands, located approximately 170 feet north of Holly Road and approximately
275 feet east of Kostoryz Road, from "B-4" General Business District to "B-4/SP"
General Business District with a Special Permit to allow for an outdoor storage facility
for recreational vehicles and boats, subject to a site plan, attached, and fire (5)
conditions. (Zoning Map 047038) (Exhibit)
SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to
the following five conditions:
1. Uses: The only uses permitted by the Special Permit other than those uses
permitted by right in the "E_" General Business District is an outdoor storage
facility for recreational vehicles and boats.
H:1 LEO -DIR1 haredlGaryslagenda1 00811- 151ORD- oning1 07- 03UStore- special permits:Jac
Page 2 of 4
2. Li htinq: All security lighting must be directional and shielded and be directed
away from adjacent residences and nearby streets. Cutoff shields required for all
lighting. No light projection permitted beyond the property line near all public
roadways and residential development.
3. Trash Dumpsters: No trash dumpsters allowed within fifty (50) feet of the
property lines adjacent to the residential use.
4. Maintenance of vehicles: No maintenance of recreational vehicles and boats
includin g power ashin of vehicles or flushing of boat motors is permitted.
5. Time Limit: Such Special Permit shall be deemed to have expired within
eighteen months of the date of this ordinance, unless the property is being used,
or significantly developed, as outlined in Condition #1 and in compliance with all
other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1 937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. 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 8. 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 9. 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 as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 1 5th day of January, 200 8.
H :ALE -DIF a hared\ ary lag rida12O \1.I 1 D- ening12O7 -O U #ore- spedal per it,dac
ATTEST: CITY OF CORPUS CHRISTI
Page 3 of
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: January 7, 2008
Ga W. » mith
Assistant City Attorney
For City Attorney
H:1LE -D1F l haredl ary lagenda12OO 11 -1 \o D- oning1 7-O Utore- special permit, do
Page 4 of 4
Corpus Christi, Texas
day of
, 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon
H:\ LEG -DIF 1 hared\ aryS\agenda 2 O 11 -1 \OFD - ening1207 -O U tore -sp cial perrnit.doc
01- 07 -'08 10:58 FAOf7 -GITY OF CC DEV SVCS 3618263590
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URDAN
ENc3INEERING
State of Texas
County of Nueces
T-764 P002/004 F-048
November 21, 2007
Job No. 41177400 01
Fieldnotes for a 3.117 acre tact of land out of Lot 5, Section 2, Bohemian olore+ Lands, a map of +hic is
recorded in Volume A, Page 48, Map Records of I ueces County, Texas, said 3.117 acre tract being more fully
described b ► metes and bounds as follows:
Beginning at a point on the south boundary of Lot 1, 13lock 1, Holly Park, a map of which is recorded in
Volume 62, Pages 116-117, Map Records of Nueces County. Texas, from which point, a 5/8 inch iron rod stamped
"Bass and Welsh, Engineering" found on the east boundary of Kostoryz Itoul, an 80.00 foot wide public roadway,
for the northwestern most corner of said Lot 1, Block 1, bears North 1 °26'01" West, a distance of 273.1 feet;
Thence, North °0116" East, along the south boundary of said Lot 1, Block 1, a distance of 10.02 feet for
the northern most corner of this tract;
Thence, South 61°25'46" East, continuing along the south boundary of said Lot 1, Block 1, a distance of
609.47 feet for the eastern most corner of this tract;
Then, South 29°00'00" Wet, along the west boundary of said Lot 1, Block 1, a distance of 147.79 feet
for a corner of this tract;
Thence, North 61°25'12" West, a distance of . feet for a corner of this tract;
Thy, South °58'20}' West, a distance of 152.46 feet for a corner of this tract;
Thence, North 61°25'46" West, a distance of 300.01 1' et for the tern most comer of this tract;
Thence, North 28°58'20" East, a distance of 265.18 feet for a per of this track
'hence, North 28 °59'09" East, a dice of .00 feetto the Point of Beginning and containing 3.117
acres of land.
Bearings are based on the recorded plat of Lot 1, Block 1, Holly Park, a map of which is recorded in
Volume 62, Pages 116-117, Map Records of Nunes County, Teas.
Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its
original form, surveyor assumes no responsibility or liability for its accuracy
Urban Engineering
,fu - f &laza ', R.P.L.S.
License No 4909
(36141tartsglypataxsurveyingviirmomiNVitOdialibef, CORPUS CHRiSli TEXAS 78404
www.urboneng.com
I ao7 -03
FAX (361)854-6001
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10
AGENDA MEMORANDUM
A. Public hearing and First Reading Ordinance amending the "Corpus Christi
Platting Ordinance" by amending Section I1I; by adding new Sections VA,
XIIIA, and III. ; to provide for development exactions determination and
an appeals process; providing a repealer clause.
B. Public hearing and First Reading 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 a penalty clause; providing for
publication; and providing an effective date.
ISSUE: In discussion of Presentation Item No. 20 and Regular Agenda Items No. 21 .a. and 21.b of
the City Council meeting of September 18, 2007, staff received direction to develop amendments to
the existing Corpus Christi Platting Ordinance to modify minimum standards for required water
system improvements and associated developer trust fund reimbursement procedures for
:develpments falling outside of the city limits but within the City's Extraterritorial Jurisdiction ET.
ISSUE: House Bill No. 1835, effective June 18, 2005, added Section 212.904 to the Texas Local
Government ent Code. This section 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.
RECOMMENDATION: Staff recommends approval of the ordinances as presented.
Bob Nix, A. I . C . P.
Assistant City Manager for Development Services
ATTACHMENTS:
Exhibit A. Background Information
Exhibit B Proposed Ordinance Amendment, Water System Standards and Reimbursement
Requirements
Exhibit C Proposed Ordinance Amendment, Establishing Rough Proportionality
Requirements
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The agenda for the September 18, 2007 City Council meeting included Presentation Item
No. 20, "Water Trust Fund Update: Development Outside City Limits ". Also included within the Regular
Agenda for this meeting were Item Igo. 21.a., "Motion approving the Arterial Transmission and Grid Main
Construction and Reimbursement Agreement submitted by Billy W. Sanders and Robbie Sanders, owners and
developers of London Club Estates located north of FM 43 and east of the FM 43 and FM 763 intersection for
the installation of 4,951 linear feet of 16 inch PVC water arterial transmission main", and Item Inc. 21.b.,
"Ordinance appropriating $295,268.97 from the Arterial Transmission and Grid Main Trust Fund No. 54045°-
21805 -4030 to reimburse Billy W. Sanders and Robbie Sanders for the installation of 4,951 linear feet of 16
inch PVC water arterial transmission main".
Discussion related to the presentation and agenda items mentioned above focused on various city growth
issues, in particular the types of development which are possible under the current ordinances versus
desirable growth patterns, levels of water system improvements required by the current ordinances, and the
impact of existing reimbursement policies and procedures on development in the areas which fall within the
City's Extraterritorial Jurisdiction (ETJ), but outside the city limits.
The motion and ordinance included in Item 21 of the Regular Agenda were not passed when voted on by the
Council, and staff was directed to develop amendments to the applicable City ordinances to modify standards
for required water system improvements in the area between the city limits and the ETJ. Staff was also
directed to develop amendments to the applicable City ordinances to modify reimbursement procedures for
water line improvements within the same areas.
Exhibit B includes the proposed amendment to the Corpus Christi Platting Ordinance, amending Sections
IV. H.4.e , V.B.5.a), V. B.5. , V. B.5.f , and deleting Section V. B.5. j. By enacting these amendments, two
classes or groups of developments will be created, those within the city limits, and those outside.
Section 212.904 was added to the Texas Local Government Code by House Bill No. 1835, effective June 18,
2005. This section 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. Amending the ordinances to limit reimbursement of water
system infrastructure improvements to developers outside of the city limits requires that the standards of
rough proportionality be established. Exhibit B includes the proposed amendment to the Corpus Christi
Platting Ordinance, amending Sections 11, VA, and XIII, by amending Sections 11 and XIII, and by adding new
Secti ns.VA, XIII.A, and XIII.B.
In addition, during the months of September and October, the City experienced various water distribution
system operational difficulties. These operational issues resulted in an investigation by the Texas
Commission on Environmental Quality, and ultimately, and Administrative Order was issued. In an effort to
reduce the potential for more related issues in the future, staff was directed to develop amendments to the
Platting Ordinance to restrict the installation of "dead end" waterlines as part of new development. These
restrictions are included in the proposed amendments to Section V.B.5.a) of the Platting Ordinance.
Exhibit A
Page 1 of
Page 1 of 18
AN ORDINANCE
AMENDING SECTION V.D. "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 A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the extension of public water and wastewater facilities should be accomplished in
an orderly and compact manner and the extension of such services beyond undeveloped tracts
results in an unreasonable i
Page 2 of 18
"v. B. 5. Waterlines. - i .. ri # 4.
- .. y The provisions set forth _V.13.5 .a) shall
apply to sections V. I3.5, V.I3.5A and V.B.5B of the Platting
Ordinance.
v. B. 5. a)
■
d by the Vatef
Every
lot within a - proposed subdivision failing _within the
jurisdiction of the City_ of Corms Christi 1 l ttin
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
eonstmetien Planning_- Commission approval of the
subdivision plat.
v. B. 5. a) Installation of permanent mains in the distribution
system that do not p ro ide for Distribution
System Loo in required to ensure water
circulation and quality shall be prohibited, ec
as otherwise perrnited herein. Upon approval a
City_ Council dead end water supply mains and
distribution mains may be temporarily permitted
when an eistin • line is extended, and the further
extension of the line is alreay_rranned to
begin construction within three ears. All permitted
dead end lines shall conform to TUQiequirements
and_ standards as well as city standards. No other
dead end lines are permitted whether they are
privately owned or blicly owned.
v. B. 5. a) Water main extensions associated with phased
construction that do not fully provide _ for
Ditributio$vstem Looping shall not be activated
for service beyond the point where looping
re luir r ents are met, except s othe wi e permitted
ed
herein, All pennitted dead end lines shall conform
to TCEQ requirements and standards, as well as city
standards. No other dead end lines are emitted
whether they are - _atlp. rhuned or pub_ly
owned.
EXHIBIT
Page 3 of 18
v. B. 5. a) where a proposed development ---includes areas
currently served - pead End I'vlalns� required
infrastructure_ - improvements that__ provide for
establishing Distribution _ System Looing and
elimination of the Dead End Mains shall be defined.
If these itripj_iovcnients qualify 4s arterial, i , distribution main _extensions, as applicable, they
will be administered in accordance with the
requirements o Section y..5.
v. B. 5. b) Definitions:
v. B. 5. b) Dead End Main: Any water main, whether fire,
distribution, grid, arterial, or transmission main that
terminates at a • oint other than a connection to
another line or main which
ayen_ Looping.
rovides for Distribution
v. E. 5. b) Distribution System Looping: Alignment or
routing of water distribution mains in combination
with associated grid or arterial mains that provides
service to__ each adjoining property using a
minimum of two independent routes of water flow.
v. B. 5. c)
For property located within the City limits on the
effective a 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 and/or
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
EXHIBIT B
Page 4 of 18
service on individually platted lots /properties.
V. B. 5. f) Arterial Transmission and Grid Main Extensions
eosti
Page 5 of 18
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:
v. B. 5. f) (1) The developer must submit an
application for reimbursement,
including all cost - supporting
documentation, to the Director of
Deputy Director of Development
Sri a ia1 Serineer
prior to the installation of such
arterial transmission main or grid
main; and
v. B. 5. 0 (1) (If the location or size of the
developer's proposed arterial
transmission main or grid main is not
consistent with the City's Water
Transmission Master Plan,
Distribution System Standards, and
the 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 Water Master Plan
and/or Distribution System
Standards to the Director of
EXHIBIT
Page 6 of 18
Engineering Services and the
Assistant City -- Manager for
Development Services. If the
Director of Engineering Services
and the Assistant City Manager
approve the proposed amendment,
then the amendment must be
submitted to the Planning
Commission for its recommendations
and then to the City Council for
consideration.
v. B. 5. 0 (1) 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 existing
water distribution system, which
analysis aaII also identify the scope
and se water __ tej
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 eentain a
main—extensiens shall identify the
scope and sequencing of water
system improvements _necessary to
maintain the water distribution and
fire protection standards across the
•
f the
Cites. The fire flow at each fire
hydrant servin the site of r used
EXHIBIT
Page 7 of 18
development must meet fire
protection standards for the _ type of
building occupancy and the type of
construction proposed based op ISO
buiding construction__ and fire flow
standards as sletennincci by the
Building _Official or the Fire
Marshal. In the event of a
jjgreement between the Building
Official and the Fire Marshal
regarding _g__ fire flow standards, fire
protection requirements.,_____ or ISO
buildi
Page 8 of 18
main or grid main necessary to meet the
Distribution System Standards, Water Transmission
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
i _ of that portion of the arterial
transmission main or grid main is more than
$200,000.
v. 13. 5. f) (1A) i• 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—Deputy Director to ment
Services /Special Services Engineer prior to
the installation of such grid main, and is
approved by said
. ery ces /r • e ut Director of
Pv1oprnenServices/Specia1 Service
Engineer.
v. B. 5. f) if the developer
costs for installation of such transmission
main or grid main as required by the
Jjstributioystern Standards and Fire
Suppression Rating -Schedule, are greater
than the lotacreage fee, the developer may
be reimbursed (less any lot/acreage fee
credits) from funds available from the Grid
and Arterial Transmission Mains Trust Fund
for the cost of that porti
Page 9 of 1
which exceeds
the amount of the installation cost that is
rougher Troportionl to the impact of the
development on the City and required by the
Distribution System Standards and Fire
api pressiQf Rating Schedule as determined
by City Council. Provided, however, in
order to be reimbursed as set forth in this
subsection:
v. B. 5. 0 1A) ii. 1 The developer must submit an
application for reimbursement,
including all cost - supporting
documentation, to the
Deputy Director of Development
Services /Special Services Engineer
prior to the installation of such
arterial transmission main or grid
main; and
v. B. 5. f) l A ) (ii.) (If the location or size of the
developer's proposed arterial
transmission main or grid main is not
consistent with the City's Water
Transmission Master Plan,
Distribution System Standards, and
the 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 Water Master Plan
and/or Distribution System
Standards to the Director of
Engineering Services and the
Assistant City- - Manager _ for
Development Services. If the
D4irector of _ Engineering Services
and the Assistant City Manager
approve the proposed amendment,
EXHIBIT
Page 10 18
then the amendment must be
submitted to the Planning
Commission for its recommendatio 1
and them to the City Council for
consideration.
v. B. 5. 0 (1A) (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 are
analysis_ of the _ irnpact of . - -_ the
increased demand on the existing
Water __distribution system and
identi ire the scope and sequencing
of water system_ 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 shall contain a
recommended sequencing of
construction of transmission or grid
main extensions
. necessary
to maintain water distribution and
fire protection standards within the
City._ The _fire flw at each fire
hydrant serving the site of the
proposed de elo ment must meet
fire protection standards for the type
of - building occupancy and
construction proposed as determined
the Building Official or the Fire
Marshal.
EXHIBIT B
Page 11 of 18
v. B. 5. 0 (IA) (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 i
Page 12 of 18
v. 13. 5A.- Arterial Transmission and Grid Main Extensions: in the
event of the arterial transmission main or grid system is not
in place when required for development, the developer may
install that ortlon of arterial transmission main or grid
main necessary to meet the Distribution System Standards
Water Transmission Master Plan, and Fire Suppression
Rating S aedue, provided, however the grid _system shall
be developed as approximate one rrrie maids beyond the
existing id to ensure that sufficient service is available.
V. B. _- A. c) In the event the arterial transmission main
or . id s stem re . uired to serve the develo ' meat was
installed banother,_thn the subsequent deeloper shall
be required to pay an amount a ul to the post of
installation of the arterial transmission main or grid system
required_ to serve the development _ter-ined on a prorata
basis. The Cit shall collect from a developer connecting
to the main installed by another a rorata reimbursement
based on capacity used;
$Pro Rata Reimbursement = ($Cost of additional capacity)
X (Total demand created new development Total
additional capaAy originally r, _ by previous
develoroment)
Where:
$Costofadditionalcapacity = (Total cost of system
installed by on ;al develo • er - Estimated Cost of
minimum system required to service only original
(level rnent as approved ineer
plus accrued interest, until cost of -excess capacity is
reimbursed to the developer or to the utility that funded or
purchased the improvements.
V. B. 5B. Waterlines in_ newly annexed territory. _For grope 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
Cif, the folio in shall appl . CI Council may determine that
the ro used develo annexed territory a treated as
de elo rent within the city limits V. B. if the proposed
development is found to determine a superior public interest or
Novidc a superior public benefit. A su erior� ublic interest or a
superior public benefit b via of description n and not limitation,,
may include affordable housing, economic development, or the
property was an exed rsuant to the City's annex do lan.
EXHIBIT B
Page 13 of 18
V. B. _ __5B. a Before any unit of a subdivision, or single 1t, or tract for
which the zoning is other than sin_gle-family singe—family or duplex use
i
Page 14 of 18
minimum aystem r uire to service only i inal
development, as aprdt n freer
plus accrued interest, until cost of excess a aity is
reimbursed to the developers or to the utility that funded or
urehased the improvements.
v. B. 5. f) (2) Distribution Main Extensions: When a subdivision,
single lot, or tract is developed within the city
limits and within an existing grid or in the adjacent
grid area, but is not adjacent to the grid main, the
extension of a water line may be made to serve this
property either by the City or the developer if such
extension is necessary to meet the Distribution
System Standards. The "maximum extension" shall
be limited to one -half mile (2,640 feet) or, if the fee
value of the property does not equal 50 percent of
the off -site extension cost, the extension will not be
made unless the developer provides the difference
up to 50 percent of the off-site extension cost,
which difference shall be non - reimbursable.
v. B. 5. f) (2) Credits: if the developer installs such
distribution main within the city limits, the
developer shall be credited for the actual
off-site installation costs 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—Deputy Director of Development
Services /Special Services n fine r prior to
the installation of such distribution main,
and is approved by said Director of
Engineering Services /City Engineer.
v. B. 5. 0 (2) (Reimbursements: ments: If the developer
costs for installation of such distribution
main within the city limits are greater than
the lot/acreage fee, the developer shall be
reimbursed (less any lot/acreage fee credits)
from funds available from the
Distribution Mains Trust Fund for that
portion of the distribution main installed by
the developer up to the "maximum
EXHIBIT
Page 15 of 18
extension" criteria described above.
Provided, however, in order to be
reimbursed as set forth in this subsection:
�. B. 5. f) (2) The developer must submit an
application for reimbursement,.
including all cost- supporting
documentation, to the
Deputy Director of Develoanent
Services S ia1 _ Services Engineer
prior to the installation of such
distribution main; and
v. B. 5. f) (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 City Ma n g_er for
Development Services and the
Director of Engineering Services
difeetors 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. f ) (2) (The submissions for draft
amendments to the Distribution
System Standards must address the
current availability of related
infrastructure (including wastewater
EXHIBIT
Page 16 of 18
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 Distri
Page 17of18
•_ _
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,
iphrae, 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.
EXHIBIT B
Page 18 of 18
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of _ -- 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr,
Mike Rummell
Bill Kelly
Priscilla G. Leal
John B. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2008, by the following vote:
Henry Garrett - - Priscilla G. Leal
Melody Cooper John E. flare
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel' Michael M cCutchon
Bill Kelly
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: January _, 2008
By:
Gary W. Smith
Assistant City Attorney
For City Attorney
EXHIBIT B
Page 1 of 5
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 determinati
Page 2 of 5
jxe1opment_Srvices Engineer") who holds a license _issued under
Chapter 1001, Occupations Code, and is retained h _the CiV,
VA. E. INDIVIDUALIZED DETERMINATION. N. The Development Services Engineer
shall conduct an analysis of the impact by the _ specific proposed
4ykpment,
VA. C. DEVELOPER'S REPORTS, STUDIES AND INFORMATION, MATI N. The Deyelopment
Services Engineer may require the develo er at the devel er's ex
to submit any study, report or other information to assist in making the
proportionality cleter nination.
VA. D. DEVELOPMEI T _SERVICES ENGINEER REPORT. in order p approve an
exaction _irement as roughly proportional to the - -- impact
proposed development, the I evel prr ent der ices En in er shall re are
report which measures the irr act of the r used development in a
meanin l way, and shows how the it act thus measured - is roughly
propoilional_in nature and extent to the exaction requirement.
VA. E. INCORPORATION ATION OF DETERMINATION BY PLANNING COMMISSION. The
determination ofiRmortionality (and any report on the issue made by tie
f e elopmerit Services Engineer). shad be incorporated in the Planning
Commission's decision on each plat application."
SECTION 3. That Section XIII, "Appeal," of "Corpus Christi Platting Ordinance," of the City
of Corpus Christi Municipal Code is amended to read as follows:
"SECTION XIII - APPEAL.
XIII. A. GENERALLY. Any subdivider contesting any disapproval and/or the
interpretation and/or application of any rule, standard, regulation,
determination, requirement, or necessity set forth in this Ordinance
directly, with the exception of a rough proportionality determination by
the- Development Services engineer er VA 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. 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
EXHIBIT C
Page 3 of
provisions, if the Planning Commission is not in compliance with the
Ordinance.
XIII. B. ROUGH PROPORTIONALITY of EXACTIONS.
XIII. B. I . No Waiver. The City may not rewire a developer _to waive the
right of appeal authorized b this section as a condition for
approval of a development project.
XIII. B. 2. _Planning Commission Appeal. Should a developer not agree with a
determination of proportionality made_p r §VA. the developer may
present a study contesting_ the determination of_p_r_opprtio nali
The cieve-loper shall present such study to the__ Planning
Commission at the time the developer's application is considered.
Applicant's appeal- shall waive the statutory time ibrapproving or
disapproving plats. Applicant's appeal shall designate which
facility exaction(s) is are being contested and shall include the
study supporting applicant's_ contest of the proportionality
determination._ At the appeal, the developer may present evidence
and testimony under procedures adopted by the City. After lieglig
any - - estim ' and _reviewing the evidence. the Planning
Commission _ shall make its determination_ within - thirty (30)
calendar da s from the date of the final submission of any
testimony or evidence by the developer.
XIII. B. 3. City Council Appeal. A developer who disputes the determination
n ade_ ,y the Planning Crnrnission n a appeal to the city_ council
ky filing written notice of appeal with the Ci Seetary within
thirty calendar days from the date of the lannin
Commission's determination. Applicant's appeal shall_ designate
which facility exaction(s) is/are berm contested and shall include
the study supporting applicant's _ contest of the ro ortionali
determination. At the a • • eal the develo • er ma a resent evidence
and testimony under procedures adapted b the �i . fit �ncil
shall hear the appeal within thirty calendar days from the date
the appeal is filed and shall make a final determination within
thirty (30) calendar days- from the date of the final submission of
any testimony or evidence b the develo er. The lat as a roved
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
c_ity Council to a county or district court of the coup in which the
development project is located within thirty_( calendar days
from the date of the final determination by the Cites Council."
EXHIBIT C
Page 4 of 5
SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provisi
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 , 200 8, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper Y_. _._ John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell ell Michael M C tehon
Bill Kelly
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: January 7, 2008
By:
Gary W. Smith
Assistant City Attorney
For City Attorney
EXHIBIT C
11
AGENDA MEMORANDUM
AGENDA ITEM:
January 15, 2008
Motion authorizing the City Manager to execute a Development Agreement with Turner Industries,
LLC, (Developer), to establish development requirements for a pipe fabrication facility located at the
intersection of III 37 and Clark wood d Road.
ISSUE: Turner Industries, LLC, developer of Turner Industries pipe fabrication facility, expects to complete
the initial phase of the project by November, of 2008. The Development Agreement will allow for the
recordation of the plat and the temporary use of the property for pipe assembly. The recordation of the plat
will enable the applicant to construct both the on-site improvements and required off-site infrastructure
improvements simultaneously. The simultaneous construction of both the on-site and off -site improvements
will be required for the applicant to meet the operational deadline ofNovember, 2008. The recordation of the
plat will occur once the applicant posts the required security and meets all of the conditions for approval of the
final plat. All improvements within the project will conform to the Platting and Zoning Ordinances except as
specifically modified in the agreement.
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Development
pment
Agreement with Turner Industries Group, LLC, (Developer).
RECOMMENDATION: Staff recommends approval of the motion as presented.
Bob N i x, AICP
Assistant City Manager, Director of Development Services
Attachments:
Exhibit A
Exhibit B
Background Information
Development Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: Turner Industries Group, LLC, Developer, is developing
approximately 35 acres of land located on the southeast corner of the intersection at
Interstate Highway 35 and Clark wood Road.
Turner Inustries Group, LLC is proposing to expand their operations here in Corpus
Christi and develop a pipe fabrication facility that will primarily serve the petrochemical
industry.
The Development Agreement will allow for the recordation of the plat and the temporary use of
the property for pipe assembly. The agreement will allow the developer to complete both
the on -site and off -site infrastructure improvements in time for the November, 2008
opening.
AGREEMENT SUMMARY:
A. The Developer is pursuing the development of property it owns located at the
intersection of Interstate Highway 37 and Clarl wood Road as a pipe fabrication and
assembly facility to include a new administrative office building, fabrication facility,
lay -down yards, and material storage area.
B. The Developer desires to begin improvement of the property for use for temporary
outdoor assembly work prior to plat recordation or issuance of permits for
construction of the permanent improvements;
C. The City's Platting Ordinance prohibits the issuance of building permits prior to the
construction of water and wastewater facilities to serve the development;
D. Construction of the water and wastewater facilities required to serve the development
will significantly delay the recording of the approved plat and issuance of the
required permits;
E. The Developer proposes to construct the required water, wastewater, and storm water
facilities simultaneous with the construction of the permanent improvements for the
facility, providing an alternate means of water and wastewater service until the
required water and wastewater improvements are designed, constructed, approved
and accepted by the City, and to post an adequate security to assure the construction
of the water, wastewater, and storm water improvements;
Exhibit A.
F. The Developer desires the City to record the plat and issue permits for the
construction of the permanent i
TURNER INDUSTRIES GROUP DEVELOPMENT AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
This Turner Industries Group Development Agreement (Agreement) is made and entered into by
and between the City of Corpus Christi, Texas (City), a Texas home rule municipality, and
Turner Industries Group, L. L.C. (Developer), a limited liability company authorized to do
business in Texas, hereinafter collectively referred to as the "Parties ", upon the premises and for
the purposes set out herein, and is effective as stated in this Agreement.
A
INTRODUCTION
The Developer is pursuing the development of property it owns located at the intersection of
Interstate Highway 37 and Clarkwood Road as a pipe fabrication and assembly facility to
include a new administrative office building, fabrication facility, lay -down yards, and
material storage area, as depicted on the site plan attached hereto as Exhibit -A";
B. The Developer desires to begin improvement of the property for use for temporary outdoor
assembly work prior to plat recordation or issuance of permits its for construction of the
permanent improvements;
ements;
C. The City's Platting Ordinance prohibits the issuance of building permits prior to the
construction of water and wastewater facilities to serge the development;
D. Construction of the water and wastewater facilities required to serve the development will
significantly delay the recording of the approved plat and issuance of the required permits;
E. The Developer proposes to construct the required water, wastewater, and store rat r
facilities simultaneous with the construction of the permanent improvements for the facility,
providing an alternate means of water and wastewater service until the required water and
wastewater improvements are designed, constructed, approved and accepted by the City, and
to post an adequate security to assure the construction of the water, wastewater, and storm
water improvements;
provrnents;
F. The Developer desires the City to record the plat and issue permits for the construction of the
permanent improvements, upon Developer's posting of sufficient security for construction of
the required water, wastewater, and storm water improvements with the City. Developer's
provision of a sufficient potable water supply, , pro nisi n of alternate waste rat :r disposal, and
provision of temporary storm N•vat r management measures until the water, Wastewater, and
storm water facilities are approved and accepted by the City, and that the City will not issue a
permanent Certi f irate of Occupancy for any facility constructed on the property prior to
completion and acceptance of the water, wastewater‘ and storm water improvements; and
Plwe 1 of9 071213
G. All other ordinances, rules and regulations concerning the development shall apply.
NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the
Parties agree as follows:
Section 1. Developses obligations.
1.1, The Developer will pay 100% of the total cost (including engineering. permits.
testing and construction) of the amendment of the wastewater master plan,
wastewater improvements, the water improvements, and storm water
improvements subject to applicable reimbursement from the appropriate water
and/or wastewater trust fends.
1.. Developer shall temporarily provide a sufficient potable water supply and
provision of alternate wastewater disposal, acceptable to the City - County Health
Department, Trent, as described in Exhibit "131" attached), provide temporary storm
water management measures acceptable to the City, until the water, wastewater,
and storm water facilities are approved and accepted by the City.
1.3. Developer shall provide a site plan for the temporary use of the property during
the construction phase. Such site plan shall include provisions for access,
screening, security, and work areas (as described in Exhibit "B2" attached).
1.4. Construction of the infrastructure improvements shall begin prior to April 1, 2008,
and shall be diligently pursued to completion, with completion on or before
November 1, 200 8.
1.5. Construction of the infrastructure improvements shall not begin until the City has
reviewed and approved the plans for construction of such improvements.
1.6. The Developer shall deposit with the City security equal to 1 l0% of the estimated
cost of constructing the infrastructure improvements. The estimated cost is set
.forth on Exhibit "C" attached. The security may be a letter of credit issued by a
bank in Corpus Christi, Nueces County, Texas, in a form and content acceptable
to the Finance Director and the City Attorney of the City. The security may be
cash or other security approved and accepted by the Finance Director and City
Attorney of the City.
1.7, Developer shall construct the perrrtanent improvements for the facility
substantially as depicted on the site plan (Exhibit "A").
1.8. Developer shall provide screening by providing a fence with a minimum height of
six feet constituting a visual obstruction along the defined perimeter or the
material storage'areas and the lay-down yard, and the fabrication/assembly area.
Pacie 2 o 9 071213
1.9. Developer shall provide for landscaping along the Interstate Highway 37 frontage
of the property for a depth of at least one hundred fifty (1 50) feet which area may
include the administrative office building and parking for the facility. In addition
all zoning regulations will be applied for the development of the site.
1.10. Landscaping along Cl ar wood Road will be required to meet the regulations of
the Corpus Christi Zoning Ordinance.
Section 2.
Plat Recordation. Upon submission and approval of the amendment to the
wastewater master plan, approval of the preliminary and final plats of the
property, delivery to the City of the security required in 1. 6 above, upon
submission of an approved final plat and upon payment of all applicable fees and
charges, the City shall record the final plat, at the sole expense of the Developer,
in the Real Property Records of Nue es County, Texas.
Section 3. Issuance of Permits and Certificates of Occu anc
3.1 The City will issue a temporary authorization to occupy the outdoor assembly
area, lay -down yard, and material storage areas, as depicted on Exhibit "A" upon
compliance with 1.2 above. Such temporary authorization shall expire upon the
issuance of a certificate of occupancy for the permanent improvements on the
property for the conduct of such activity or on November 1, 2008, whichever
occurs earlier. The certificate of occupancy for the permanent improvements will
not be issued until off site improvements are in operation and serving the subject
property.
3.2 Upon the submission ofa complete application for construction permit, fully
compliant with all applicable ordinances and technical codes, the City will issue
permits for the construction of the permanent improvements on the property upon
compliance with 1.1, 1. 4, 1.5, 1.6, and 1.7.
Section 4. The following general terms and conditions shall apply to this Agreement:
4.1 Term. The terns of this Agreement will commence on the Effective Date (as
defined below) and continue until completion of the objectives of this Agreement.
unless terminated on an earlier date under other provisions of this Agreement or
b y written agreement of the City and the Developer, as provided for in Secti
4.2. Amendment by Agreement. ent. This Agreement may be amended at any time by
mutual written consent of the City and the Developer, or its successors or
permitted assigns.
4.3. As.signmenx. This Agreement and the rights of the Developer may be assigned to
any subsequent owner of the property, subject to the prior written consent of the City,
which consent will not be unreasonably withheld. Any assignment will be in writing,
will specifically set forth the assigned rights and obligations and will be executed by
the proposed assignee.
4.4. Cooperation. The Parties will cooperate with each other as reasonable and
necessary to carry out the intent of this Agreement, including but not limited to
the execution of such further documents as may be reasonably required.
43. Notice. Any notice given under this Agreement must be in writing and may be
given: (i) by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; (ii)
by depositing it with Federal Express or another service guaranteeing "next day
delivery", addressed to the party to be notified and with all charges prepaid; (iii)
by personally delivering it to the party, or any agent of the party listed in this
Agreement; or (iv) by facsimile with confirming copy sent by one of the other
described methods of notice set forth. Notice by United States mail will be
effective on the earlier of the date of receipt or three days after the date of
mailing. Notice given in any other manner will be effective only when received.
For purposes of notice, the addresses of the Parties will, until changed as provided
below, be as follows:
City: City of Corpus Christi
Attn: City Manager
1201 Leopard Street
PO Box 9277
Corpus Christi TX 78469-9277
With Re quired Copy to: City of Corpus Christi
Attn: City Attorney
1201 Leopard Street
PCB Box 9277
Corpus Christi TX 78469 -9277
Developer: Turner Industries Group, L.L.C.
Attention: John M. Golashesky
3 850 Pasadena I I Ord.
Pasadena, Texas 77503
Page 4 of 9 071213
The Parties may change their respective addresses to any other address within the
United States of America by giving at least five days{ written notice to the
other party. The Developer may, by giving at least five (5) days' written notice to
the City, designate additional parties to receive copies of notices under this
Agreement,
4.6. S v r _llit :C ;._Waiver. If any provision of this Agreement is illegal, invalid, or
unenforceable, under present or future laws, it is the intention of the Parties that
the remainder ofthis Agreement not be affected, axed, i
execution of this Agreement is duly authorized and adopted in conformity with
the articles of incorporation and bylaws.
4.1 l . Relationship of Parties. In performing this Agreement, both the City and
Developer will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, jointventurers. or associates of n another. The
employees or agents of either party may not be, nor be construed to be, the
employees or agents of the other party for any purpose.
4.12. Survival of Terms. All representations, warranties, covenants and agreements of
the Parties, as well as any rights and benefits of the Parties pertaining to the
transaction contemplated hereby, will survive the original execution date of this
agreement.
4.13. Proportionality. The Developer agrees that the public improvements
contemplated to be made by or at the expense of the Developer are roughly
proportional to the Development ent under Section 212.904, Texas Local Government
Code.
4.14
4.15
Eorcp Majeure. In the event of unforeseeable third party delays in the construction
of the improvements or force majeure and upon a reasonable showi
written notice by certified mail, return receipt requested, advising Developer of
the default and giving Developer thirty (30) days r m date of receipt f the letter
to cure the default. lithe Developer fails to cure the default relating to public
infrastructure construction after receipt or h notice and opportunity i to cure, the
City Engineer may transfer any monies received and interest eamed to the
appropriate fund of the City to complete the deferred infrastructure listed in
Exhibit " C". In the event there are any monies received by the City from the
Developer, plus interest earned, remaining after the City has completed
construction o the deferred infrastructure in listed in exhibit C ", the excess
m nies% both principal and interest, shall be refunded to the Developer, within
sixty (6 0) days of the completion oiconstruction and settlement of eonstntctioii
contracts. :N;otwithstanding the t r goi , any reimbursements huurser ents available to
Developer er- shall be applied to the public infrastructure construction costs for the
benefit of Developer.
The undersigned Parties have executed this Agreement on the dates indicated h iow4
CITY OF CORPUS U CHRISTI, TEXAS
a Texas municipal corporation
By:
TURNER INDUSTRIES GROUP, LL..
a limited liability company
By:
Decemner 13, 2007
,40:1:4,.,5 '00c A'at,,,s- 4lois
/
,
EXHIl•r "A'
DRAFT
EXHIBIT "."
Temporary Use Plan
I . The number of employees working on site will be no less than 6 and not more than 25.
2. Temporary toilet facilities and hand wash stations Will be provided through a private
vendor, proposed to be Skid - -Can upon the following conditions—cleaning will be
dependent upon the number of people using them.
3. Potable water will be provided in sanitized seated containers. The containers will be
sanitized and sealed daily and delivered to the job site. Paper cups will be provided.
4. Access to the temporary facility will be from Clarkwood Road as reflected on the general
site layout in exhibit "B2" on the next page.
H- { Le# ir\gw k De v er l)e g' .Turner 71) 08
EXHIBIT "131"
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EXHIBIT "B2"
En g: Murray Hudson, P.E. Preliminary Platting Cost Estimate
Client: Turner Industries Group, LLC for
By: C.R.R. LOT 1, BLOCK
TURNER INDUSTRIES TRACTS
Dec. 4, 2007
Job No. 44821,A7.0
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101
1 of 2
EXHIBIT "C"
DESCRIPTION
QUAN.
QUM. + "
UNIT
TOTAL
%
1111M PRICE
COST
A. PAVING IMPROVEMENTS:
MI
im'r vem n s
No pavan • improvements are required for . i ttin * therefore no costs for paving
were estimated.
==
'
B. STORM SEWER IMPROVEMENTS:
No storm sewer Improvr eats are required for + #stun . therefore no costs for storm sewer improvements
were estimated.
l TS.
C. WATER IMPROVEMENTS:
1
16" PVC C-900
2,439
I
$225.00
75.00
$548,775.00
8" PVC -900
2,997
3147
$26.50
' $83,395.50
3
16" Gate Valve and Box
2
2
EA
$1,200.00
$2,400.00
4
" Gate Valve and Box
8
8
EA
$650,00
$6,200.00
16"x8" Reducer
4
4
EA
$950.00
$8,800,00
6
16 " Ductile Iron Cross
2
EA
$760.00
$1,500.00
7
16"x8" Ductile Iron Tee
EA
$700.00
$700,00
8
8" Ductile Iron Tee
2
EA
$650.00
$1 ,300.00
9
Fire Hydrant Assembl Complete In -place
14
14
EA
$2,500.00
$35,000.00
10
16"x8" Tapping Sleeve VIA /B" Tapping Gate Valve
1
1
LS
$2,860,00
$2,850,00
Tie to Existing " Waterline
1
1
EA
$1,000.00
$1 ,000,00
12
160' Bore w130" casing Leopard Street
160.
1
168
LF
$800,00
$60,400.00
1 , O.
-- -- - - - -- - - --
13
Bore Pit
�..��..._
1
L$
$10,000.00
14
16" PIu
11111111111.111111.1131
IIIIIIIEIIIIIIIIIIIBI
EA
EA
$445.00
$446.00
8" Plug
$285,00
$1,425.00
WATER UB T TAL.
$748,190.50
- - - -- -- - -- - - - - --
D. SANITARY SEWER IMPROVEMENTS:
1
15" PVC f'24' Cut)
460
492
LF
$110,00
$ 4 120.00
2
15" PVC (20'--22' Cut)
469
492
LF
$100.00
$49 200.00 -,
3
8" PVC (20'-22' Cut)
438
460
LF
$95,00
$43 700.00 1
4
8" PVC (181-20' Cut)
454
477
LF
$85.00
$40+646.00 •
5
OSHA Trench Protection
1 ,830
1,922
LF
$1.75
$3.363.50_
6
Embedment
1,830
1 ,922
LF
$6.50
$1 2,493.00
7
Well Pointing
1 ,830
1,922
LF
$22.50
$43 245.00
Directional Bore w124" Casing Leopard Street
160
168
1
all
M
EA
$250,00
$25,000.00
$6,500.00
42, 000.00
9
Bore Pit
1
1 1
$25 000.00
10
6' Diameter Manhole 221-24' Deep)
$6,600.00
11
5' Diameter Manhole 201-22' Deep)
1
1
EA
$6,260,00
$6,260.00
12
5' Diameter Manhole 18' -20' Deep)
2
EA
$6,000.00
$12,000.00
SANITARY SEWER SUB -TOTAL:
$338,416.50
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101
1 of 2
EXHIBIT "C"
Eng: Murray Hudson, P.E. Preliminary Platting Cost Estimate
Client: Turner Industries Group, LLC for
By: C.R.R. LOT 1, BLOCK 1
TURNER INDUSTRIES TRACTS
Dec. 4, 2007
Job No. 40821.A7.00
ITEM
DESCRIPTION
QUAN.
QUAN. +
UNIT
UNIT
TOTAL
6%
IIIIII
PRICE
COST
E. MISCELLANEOUS ITEMS:
=
1
Bondin. and Insurance
1
LS
$50,000.00
$50.000.00
Construction Entrance
1
1
EA
$5,000.00
$5,000.00
$5,000.00
Silt Fence
LS
$5,000.00
---
MISCELLANEOUS SUB-TOTAL:
$60,000.00
TOTAL ESTIMATED IMPROVEMENT COST:
,$1,146,607.00
F. ADMINISTRATIVE ITEMS:
1
EI__._..j!i.Q8%2121nction
Topcgraphic Survey for design
$91.728.66
__2
$2,500.00 1
3
Construction Testing
$5000.00
4
Construction Staking @ 3% of construction
$34,398.21
5
Storm Water Pollution Prevention Plan
'
$1,850.00 .
1
_
TOTAL ESTIMATED ADMINISTRATIVE COST:
$136,476.77
-- --t-----
TOTAL COST:
$1,282,083.77
ADDITIONAL 10% REQUIRED FOR DEFERMENT:
• $128,208.38
-I -F-----
TOTAL REQUIRED DEFERMENT (110%):
$1,410,292.16
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Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101
2 of 2
12
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: January 15, 2008
AGENDA ITEM: Presentation by TXDOT on 1-69/Texas Transportation Corridor (TTC)
OUTSIDE PRESENTER (S):
1. Craig Clark, P. E.
District Engineer TXDOT
ISSUE: TXDOT will update the Council on the 1 -6 project.
REQUIRED UIFEED C U fCIL ACTION: None.
za.001w
Angel R. Escobar, P.E.
Interim Assistant City Manager
I- 69 /TTC UPDATE
PRESENTATION
Texas
Department
of Transportation
Corpus Christi District
I- 69 /TTC
• I -69 is a planned 1,600 -mile national
highway connecting Mexico, the United
States and Canada.
• I -69 in Texas will be developed under
the Trans -Texas Corridor master plan.
The proposed I- 69 /TTC connects
Texarkana /Shreveport to Mexico
• The initial study_area is roughly 650
miles long.
1
I- 69/TTC
Tier One
DEIS
DRAFT ENVIRONMENTAL
IMPACT STUDY
• Details on the project procedure
• Alternatives considered
• Affected Environment
• Public Input
2
Recommended
Tier Two Study
Area
Southern End
of I- 69/TTC
3
TOWN HALL MEETINGS
• 10 Town Hall Meetings Planned
• Less formal than public hearings
• One in the Corpus Christi District —
Robstown on February 6
PUBLIC HEARINGS
• 46 public hearings along the I-69/TTC
alignment
• 8 public hearing in the Corpus Christi
District — Alice, Beeville, Corpus Christi,
George West, Goliad, Kingsville, Refugio,
Sinton
4
I- 69/TTC CORRIDOR
SEGMENT COMMITTEES
■ Commission will create Corridor Segment
Committees
• Rules were adopted at Commission Meeting
on December 13
■ Committee is limited to no more than 24
members
• Members will be appointed by local &
regional entities
I- 69 /TTC Short - listed Proposers
Bluebonnet Infrastructure
Investors
Project Manager — Mr. Alfonso OroI
Cintra — Equity Owners
Citigroup
Earth Tech
Blanton 84 Associates
Maunsell
Othon
WM. Webber, LLC
Ferrovial Agroman S.A.
ZAI ACS I- 9/TTC Team
Project Manager — Mr. Dwight Munk
Zachry American - Equity Owners
ACS Infrastructure Dev. — Equity
Owners
Steer Davies Cleave
UBS Securities, LLC
Dannenbaum Engineering
ACI Consulting
SICE
Dragados
Williams Brothers Construction, Inc.
Zachry Construction Corporation, Inc.
5
I- 69/TTC DEIS
& Procurement Schedule
• Tier One DEIS Approved November 2007
• CDA RFP Issued December 2007
. TTC Town Hall Meetings January 2008
• DEIS Public Hearings Feb. -Mar. 2008
• RFP Deadline March 2008
• CDA Evaluations Complete April 2008
• Recommendation to Commission Spring 2008
• Early CDA Facility Agreement 77) Fall 2008
■ Tier One EIS Record of Decision — Late 2008
QUESTIONS /COMMENTS?
www.dot.state.tx.us
6
WHERE HAS THE MONEY
GONE?
Impact of Inflation
• Competition for Materials
• Hot Mix Costs
1980's = $20 /ton
2U07 = $80 /ton
• No new refineries
■ No new cement kiln
7
Impact of Inflation
Environmental issues that add to the cost of
doing business
• Clean Air Act
• Clean Water Act
• Endangered Species Act
State Gas Tax Allocation
i
Wit 4.1
141.14119,114 41,0
F 0377971
Public Schools
24
TxDOT
57
Other DPS
40 1
$1 .000.000.DOO
$10.000,000,000
88.000.000,000
88,000,000,000
$4.000,000.000
82,000.000,000
80
Restriction on Access to Private
Sector investment
Cash Flows - Pre -2007 Session
TxDOT Cash Flow s
Pre-Session
2005
2006
2007
2008
2009
2010
2011
2012
s aM s
• Pass- Through
0 S* Bonds
a TPf
• Debt Service
■ wry
■ Maintenance
Cash Flows —Post 2007 Session
TxC TOash Flows
Post - Session
• coks
• Pass-Through
� Bonds
O 1W
• Debt Service
• mobiiity
• maitYterta nce
SAFETEA-LU: What Rappers to a National Gas Tax Dollar
For ever 1 sent to Washington:
IMU
Federal Rescission 2007 .
Uncertainty of Federal Funds
• Rescissions to Texas total $666 million to
date
■ Texas faces nearly $950 million in
rescissions by 2009
• Federal Highway Trust Fund will go $4
billion in the negative in 2009
OTHER DOT's STRUGGLING
GDOT head predicts 'tough road ahead'
Saturday, December 08, 2007
By Erin Fuchs
Dalton Bureau
DALTON, Ga. -- A week after officially assuming her new position, Gena Abraham,
commissioner for the Georgia Department of Transportation, visited officials at City
Hall here Friday to talk about GDOrs money woes.
"We have tremendous under - funding," Dr. Abraham said " ... We have got a tough
road ahead of us."
Dwindling transportation dollars from the federal government and gasoline tax
revenues that have not kept pace with rising road construction costs have left a
funding shortfall at the state level.
Lack of funds has N.M. road projects on hold
SANTA FE — The state can't move ahead with 29 road construction projects,
including a stretch of 1-25 north of Albuquerque, because of a financing shortfall of
nearly $500 million, Transportation Secretary Rhonda fraught told lawmakers.
Summary
• TxDOT revenues are declining
• - Cash flow problem is result of:
1. inflation
2. Diversion of state transportation dollars to pay
for other state priorities
3. Uncertainty of federal funds
4. Restrictions on access to private sector
investments (SB 792)
11
Increased Demand on Our
Highway System
What is TxDOT Doing?
• Reduce letting volumes for FY 2008
• Limited mobility funding in FY 2009 & FY
2010
• Reduce Expenditures
• Will shift focus to maintenance of existing
transportation system
12
Mobility Projects Scheduled for FY 2008
Highway
Project
Description
Status
Cost
IH 37
Cat 3 '
Construct Frontage
Roads and Modify
Ramps (Phase 1)
Scheduled for Feb 2008
S10.7 million
1H 37
:
'
Construct New Direct
Connector (Phase II)
Delayed — May be let in
late 2008
518 million
Avenue A
'
'
Laredo
Construct two lanes
with Center Left Turn
Lane from Business 35
to Oak Lane in Aransas
Pass
Scheduled for June 2008
1 million
�
FM 3386
Construct New FM
Road
Delayed -- May be let in
FY 2009 or put on hold
Pharr
Additional Projects to be
Delayed from FY 08 Letting
District
Project
Description
Let Date
Estimated
Construction
Coat
Cat 2
Cat 3 '
Cat 4
Corpus Christi
Carbon
Plant Rd,-
1 -37
Modify
ramps
(Phase2)
February
2008
$10,700,000
$10,700,000
-0-
-0-
Laredo
$40,263,976
$72,630,772
Pharr
4,400,000
28,494,369
Estimated
Delayed
Construction
Cost - State
$1,157,103,001
$401,905,416
$132,105,789
$508,131,541
Category 2,3,4 Totals = $1,042,143,746
13
QUESTIONS /COMMENTS?
13
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of Proposed Plans for Padre Staples Mall
STAFF PRESENTER(S):
Name
1. Irma Caballero
2.
3.
Title /Position
De artment
OUTSIDE PRESENTER(S):
Name
Director of Economic Development
Title /Position
Or anization
1. Terry Font si
2.
3.
President & CEO -
Trademark Properties
ISSUE: Evaluate and consider the economic impact of the redevelopment f Padre
Staples Mall.
BACKGROUND:
Terry Montesi has requested an opportunity to brief the council on proposed changes to
Padre Staples Mall.
REQUIRED COUNCIL ACTION:
None at this time.
{; \.L? }C;L1ME' 1'1R: $ie 11 O ALS- 1l'Fernp September 25 '07 Presentation Agenda.doc
c:=N-
Irma Caballero
Director of Economic Development
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„::.- - ry , . Padre Stapies Mai "A Prime Candidate for Redevelopment and Expansion”
Proximity and visibility to $1 B tourism industry ... ,. , .
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i "Failure to elevate this important element of community retail and tounsm
E : infrastructure to level comparable to venues in other areas could lead to a ..* .
i. 3 deterioration in the competitiveness of Corpus Christi.' Dr. Ray Perryman
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IMI holds the premie r mall portfolio in the . .
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14
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Follow up presentation of the Duncan Associates "Utility Alternative Financing Study,"
which, on December 19, 2006 and January 23, 2007, discussed alternative funding
methods for financing the expansion of wastewater and storm water facilities to
accommodate the demands of growth. The current presentation allows the opportunity for
further discussion with consultant.
OUTSIDE PRESENTER(S):
Name
1. James B. Duncan, FAICP
Title /Position
President
Organization
Duncan Associates
ISSUE: Staff has previously received directive from City Council to identify and evaluate
alternative methods of financing expansion of wastewater and storm water facilities to
accommodate the demands of growth. This presentation will provide opportunity for further
discussion with consultant.
BACKGROUND: The City retained Duncan Associates to evaluate utility financing
alternatives available to the City and present a recommended course of action.
REQUIRED COUNCIL ACTION: None
Bob Nix, AICP
Assistant City Manager
Exhibits
1. Power Point Presentation
Utility
Alternative
Financing
Study
Prepared by Duncan Associates
Presentation to Corpus Christi City Council
December 19, 2006
Consultant Personnel
IIIJames B. Duncan, FAICP
• 46 years planning and infrastructure financing experience
• Former Director, Austin, Hollywood and Broward County
• Manager, nation's first multi- facility development fee system
• Co-Author, nation's first impact fee enabling act
IIIClancy J. Mullen
• 20 years planning and impact fee experience
• Infrastructure financing specialist, Duncan Associates
• Author of over 200 impact fee studies and ordinances
• Speaker, NIFR and APA conferences and workshops
Eric Damian Kelly, J.D., FAICP
• 30 Years land use law and planning experience
• Senior legal advisor, Duncan Associates
• Editor, Mathew Bender *Zoning and Land Use Controls"
• Author, Numerous books and reports on adequate facilities
1
Infrastructure Finance Experience
Purpose of Project
• Explore alternative methods for securing fair
developer participation in the cost of expanding
the wastewater collection system and storm
water drainage system to accommodate the
demands of growth.
2
Order of Presentation
• Alternative Financing Methods
• Survey of Similar Texas Cities
• Wastewater Facilities
• Current financing, issues, alternatives,
recommendations
• Storm Water Facilities
• Current financing, issues, alternatives,
recommendations
▪ •
Summary of Recommendations
Alternative Financing Methods
• Utility Rate
• Monthly charge based on water consumption paid by utility customer
• Storm Water Utility Fee
• Monthly charge based on pervious area paid by utility customer
• Acreage Fee
• One-time assessment per acrellot at time of subdivision paid by developer
• Pro Rata Charge
• One-time pro rata charge for oversized lines paid by developer to another developer
•
. Impact Fee
Connection Surcharge
• one-time flat fee assessment at time of connection to utility paid by builder
`'•. ' .• One -time proportionate fair share fee at time of building permit paid by builder
's5
A„.
3
Survey: Capital Facility Financing
2005 Growth
City PopoI t.), I1r1te' Wastcvn tci
{i #C1 {I11 VYntef
Austin 690.252 0,79° Hetea {Impact Fee Ratesfimpact Fee Storm Water €.1tllitylFee -in -Lieu
Fort Worth 824,067 2.78% Rates/Impact Fee Rates/impact Fee Gen. Fund /Storm Water Utility
El Paso 598.590 1.18% Rates/Impact Fee Rates. Impact Fee General Fund IProperty Tax)
Arlington 382,805 1.62% Rates/ Impact Fee Rates/ Impact Fee Storm Water Utility Fee
Corpus Christi 283,474 0.44% Utility Rates Utility Rates Water Utility Rates
Plano 250.096 2.22% Rates/Impact Fee Rates/Impact Fee Storm Water Utility Fee
Garland 216,346 0.03% Utility Rates Ratesi1mpact Fee Gen. Fund/Storm Water Utility
Lubbock 209,737 0.98% Utility Rates Utility Rates Storm Water Utility Fee
Laredo 208.764 3.11% Utility Rates Utility Rates Storm Water Utility Fee
Irving 193,649 0.17% Utility Rates Utility Rates Gen. Fund /Storm Water Utility
Amarillo 183,021 1.02% Utili Rates Utllit Rates General FundeSales Tax
1
Survey: Utility Rate Comparison
RESIDENTIAL UTILITY RATE COMPARISON
COMMERCIAL UTILIT1 RATE COMPARISON
City Prr!rlakeilp4,1
Rfii�•
VVd Milo,
Role Ll1ihI F1-r{3
I111r1Fil'.if'f'
Austin
Fort Worth
El Paso
Arlington
Corpus Christi
Plano
Garland
Lubbock
Laredo
Irving
Amarillo
690,252
624,067
598,590
362,805
283,474
250,096
216.346
209,737
208.754
193.649
183 021
$33.31
$23.00
$126.72
$64.67
931.90
$113.14
$21.50
570.17
$14.25
$22.75
513.27
$41.55
$20.12
530.74
5117.30
3162.76
$181.59
538.25
5145.21
524.78
512.46
579.48
5406.32
$111.53
ilia
519.50
r1l!
556.00
560.00
533.12
570.00
573.75
n/e
519,209
$+3,219
55,405
$10,720
nia
53.519
nla
nla
nisnfa
nfa
Meta
347 345
61
• =1.30
103.78
853
•
4
Current Wastewater Financing
• Ratepayers fund treatment plant expansion
• Most large cities charge impact fees for treatment costs
• Developers fund trunklcollection line expansion
• Developers install lines to serve their subdivision plus
adjacent property, and are reimbursed for oversizing
• Developers who don't oversize pay a variety of fees
used to reimburse developers who do (see next slide)
Trunk/Collection Line Financing
• Acreage fee {$1,331 /acre or $332/Iot)
• Goes into trunk line reimbursement fund
• Connection surcharge ($234/connection)
• 75% to trunk line fund /25% to collection line fund
• Pro rata fee $ .91 /linear foot of <15" line)
• Goes into collection line reimbursement fund
• Flat rate different from most pro rata systems
,
5
Wastewater Financing Issues
• Trunk fund reimbursement expanded to
include lift stations /force mains in 2003
• City loaned $3.5 million to trunk line fund and
froze new applications and reimbursements
in 2005 — Ban on new applications lifted in
October 2006
Need funding to repay loan and meet
...anticipated future reimbursements
Wastewater Financing Issues, cont'd
• Major planned capital expenditures
• $124 million total over three years
• $34 million growth - related needs (30% of total)
• $28.3 million treatment plant expansion
• $5.5 million collection system expansion
• Recent utility rate increases (6%/yr)
6
•
Wastewater Alternatives
• Impact Fees
• Feasible now for treatment plant expansion costs
• Not feasible now for trunk /collection line system
(master plans to be completed early next year)
• Would not solve trunk line fund problem ($3.5m)
• Acreage Fees
• Not impact fee — detailed study not required
• Could be increased to level needed to repay $3.5m
trunk line fund loan and keep fund solvent
Wastewater Alternatives, co nt' d
• "True" Pro Rata Fees
• Current pro rata fee is "flat" fee charged developers
connecting to 15" or smaller lines; goes into City
trust fund to reimburse developers for oversizing
• "True" pro rata fee is based on actual cost to
oversize lire and is paid directly to original developer
• Problems with current pro rata fee approach:
• Flat fee does not recognize actual line costs, which vary
• As middleman, City risks collecting inadequate funds
7
Wastewater Recommendations
• Increase Acreage Fee
• Impact fee not feasible for lines; true pro rata fee
won't repay $35 million loan
• Once loan and reimbursements repaid, consider
converting to impact fee and/or pro rata fee system
• Convert Pro Rata Fee to True Pro Rata Fee
• Avoid repeat of trunk line funding problem
• Consider Impact Fee for Treatment Expansion
• Shift growth cost from ratepayers to new customers
Current Storm Water Financing
• No separate storm water fund
• Capital and O&M funded out of water utility rates
• Previous efforts to form storm water utility fee:
• 1993 Council adopts resolution to establish utility fee
• 1995 Staff drafts proposed utility fee and holds public hearings
• 1 996 Drainage ad hoc committee recommends against utility fee
• 1997 Storm Water Management Advisory Committee created
• 1999 Council identifies creation of utility fee as priority issue
• 1999 staff prepares action plan calling for utility fees by 2000
• 1 999 Council extends committee existence to advise on fee
• 2002 Committee recommends against fee and for higher rates
• Council defers action pending completion of storm water master plan
x ,,. • Master plan delayed by level of protection and funding role issues
•
iY
8
Storm Water Financing Issues
• Extensive Improvement Needs
• $212 million in CIP (mostly unfunded deficiencies)
• $48m in next 3 years ($2.3m growth or 5 %)
• $164m beyond 3 years ($5.5m growth or 3%)
• Master plan will identify growth needs (no costs)
• Relatively High Water Rates
• Rates have been increasing 6% annually
• Commercial rates are twice survey average
Storm Water Financing Alternatives
• Drainage Impact Fees
• Feasible after re- scoped master plan completed
• Acreage Fees
• Oversizing costs cannot be calculated in advance
• Pro Rata Fees
• Calculated for each line oversizing with funds used
to directly reimburse original developer
-4 Storm Water Utility Fees
\. \,,f. Dedicated funding for both capital and O&M costs
. 4; for existing development and growth-related needs
9
Storm Water Recommendations
• Consider Storm Water Utility Fee (Again)
• Lack of dedicated funding leads to ender- funding
existing problems and O &M
4', Consider Future Drainage Impact Fee
• Re -scope master plan to support fee (project costs,
portion attributable to growth)
• Define class of improvements covered by fee
Summary of Recommendations
• Wastewater
• Increase acreage fees to adequately cover force
mains, trunk k lines and lift stations now
• Convert pro rata fee from "flat -rate" to "true" now
• Consider future treatment plant impact fee
• Storm Water
• Consider storm water drainage utility fee (again)
• Consider future drainage impact fee (after plan)
10
15
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation on proposed changes to the methods of wastewater
acreage and lot fee assessment associated with new development.
STAFF PRESENTER(S):
Name Title/Position Department
1. Juan Perales, Jr. Deputy Director DevelopmentSvcs.
2.
3.
OUTSIDE PRESENTER(S):
Name T
1. n/a
2.
ISSUE: The City Council has previously directed staff to develop means of ensuring
the solvency of the developer trust funds. Staffs efforts to date have been
concentrated on the Wastewater Trunk Lire Trust Fund. Code changes adopted for
this fund will serve as a template for the remaining three trust funds. This
presentation is intended to provide an overview of proposed changes in the method
of calculating wastewater acreage and lot fees to the Council and obtain input prior
to preparing the necessary changes to the Platting Ordinance.
REQUIRED COUNCIL ACTION: None.
ijz
Bob Nix, AICP
Assistant City Manager
Development Services
PowerPoint presentation X
Supplemental information
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CIP Sequence No.
Annual average for years 2006, 2007, and 2008
TOTAL
Rodd Field Village Improvement District
Sanitary Sewer Master Plan Updates
Sanitary Sewer Installation in Developed Areas
Wood River Force Main and Lift Station Upgrade
Wastewater Lift Station - Cimarron & Yorktown Road
Wastewater Lift Station - Cimarron & Lens Drive
Buckingham Lift Station
Greenwood Plant Expansion from 8 to 12 MGD
Allison Plant Expansion from 5 to 7 MGD
Oso Plant Diversion to Greenwood Service Area
Project Description
$11,470,000
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2 I Allison Plant Expansion from 5 to 7 MGD (continued)
Long Range Sequence No. Project Description
Average Annual Cost for fiscal years 2010 through 2016
TOTAL
Sanitary Sewer Master Plan Update (continued)
Trunk Installation on County Road
Nile Drive Trunk Main
Everhart Road Gravity Line South of Country Club Lift Station
Sanitary Sewer Installation in Developed Areas (continued)
Wood River Force Main and Lift Station Upgrade
Bison Drive Lift Station and Gravity Line
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so Diversion to Greenwood Service Area
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development with 1 lot,
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10 acre commercial
development with 5 lots,
1" water meters for each
10 acre residential
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10 acre industrial
development with 1 lot,
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10 acre commercial
development with 5 lots,
10 acre residential
development
Scenario
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