HomeMy WebLinkAboutAgenda Packet City Council - 10/21/2008CITY COUNCIL AGENDA
OCTOBER 21, 2008
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11:45 A.M. - Proclamation declaring Friday, October 24, 2008 as "46th Annual St. Patrick School Halloween
Carnival Day"
Proclamation declaring Saturday, November 1, 2008 as "National Family Literacy Day"
Swearing -in Ceremony of newly appointed Board, Commission and Committee members
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
OCTOBER 21, 2008
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is 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 Usted desea dirigirse al Concilio y cree que su inglas es limitado, habra un intarprete inglas- espanol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Father Andrew Thayer, St. Bartholomew's Episcopal Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tem Priscilla Leal
Council Members:
Melody Cooper Interim City Manager Angel R. Escobar
Larry Elizondo, Sr. City Attorney Mary Kay Fischer
Mike Hummell City Secretary Armando Chapa
Bill Kelly
John Marez
Nelda Martinez
Michael McCutchon
E. MINUTES:
1. Approval of Special Meeting of October 7, 2008. (Attachment # 1)
Agenda
Regular Council Meeting
October 21, 2008
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Corpus Christi Aquifer Storage and Recovery
Conservation District (Confirmation of Officers)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. if deemed appropriate, the City
Council will use a different method of adoption from the one listed ;; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action
specified. A motion to reconsider may be made at this meeting of a
vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on any
reconsidered item.
H. CITY MANAGER'S REPORT: (NONE)
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 unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
3. Motion approving a supply agreement with Pencco, Inc., of San
Felipe, Texas for approximately 178,150 gallons of ferrous
sulfate in accordance with Bid Invitation No. BI- 0224 -08 based
on only bid for an estimated six -month expenditure of $149,997.
The term of the supply agreement will be for six months with an
option to extend for up to five additional six -month periods
Agenda
Regular Council Meeting
October 21, 2008
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
subject to the approval of the supplier and the City Manager or
his designee. Funds have been budgeted by the Wastewater
Department in FY 2008 -2009. (Attachment # 3)
4. Motion authorizing the purchase of specialized equipment for a
total amount of $403,716.87 utilizing funds from the 2007
Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund No. 1062. (Attachment # 4)
5.a. Motion authorizing the City Manager or his designee to accept
grant funding in the amount of $257,801.80 from the Texas
Department of Transportation (TXDOT) for Years 2 and 3 of the
Comprehensive Selective Traffic Enforcement Project (STEP) in
the Police Department for overtime Driving While Intoxicated and
Speed enforcement with a City match of $114,175.02 and to
execute all related documents. (Attachment # 5)
5.b. Ordinance appropriating $257,801.80 from the Texas
Department of Transportation (TXDOT) for funding for Years 2
and 3 of the Comprehensive Selective Traffic Enforcement
Project (STEP) in No. 1061 Police Grants Fund. (Attachment
#5)
6.a. Resolution authorizing the City Manager or his designee to
accept a grant of $748,018 from the Texas Department of State
Health Services to provide for the Women, Infants, and Children
program (WIC), based on an $11.55 reimbursement for each
participant served, and to execute all related documents.
(Attachment # 6)
6.b. Ordinance appropriating a grant of $748,018 from the Texas
Department of State Health Services in the No. 1066 Health
Grants Fund to provide for the Women, Infants, and Children
program (WIC), based on an $11.55 reimbursement for each
participant served. (Attachment # 6)
7. Motion authorizing the City Manager or his designee to execute
a two -year contract with the Department of State Health Services
for the administration of duties performed by the Vital Statistics
Program of the Health Department and for the payment of
record fees due to the State. (Attachment # 7)
Agenda
Regular Council Meeting
October 21, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
8. Ordinance appropriating $625,409 from the estimated program
income revenue in the No. 1066 Health Grants Fund as State
Fiscal Year 2008 -2009 program income to fund laboratory and
public health services for the period of September 1, 2008,
through August 31, 2009. (Attachment # 8)
9.a. Resolution authorizing the City Manager or his designee to
execute all documents necessary to accept the $150,000 grant
from the U.S. Department of Justice (DOJ), Office of Justice
Programs for support of the Corpus Christi Southeast Weed and
Seed Community for FY 2008 -2009. (Attachment # 9)
9.b. Ordinance appropriating $150,000 from the U.S. Department of
Justice, Office of Justice Programs in the No. 1067
Federal /State Grant Fund for support of the Corpus Christi
Southeast Weed and Seed Community for FY2008- 2009.
(Attachment # 9)
10.a. Resolution authorizing the City Manager or his designee to
accept a grant of $31,000 from the. Coastal Bend Council of
Governments and execute an Interlocal Agreement to provide
recycling and anti -litter education. (Attachment # 10)
10.b. Ordinance appropriating a grant of $31,000 from the Coastal
Bend Council of Governments in the No. 1051 Solid Waste
Grants Fund to provide recycling and anti -litter education.
(Attachment # 10)
11. Motion authorizing the City Manager or his designee to execute
a System Support Agreement with Mettler - Toledo, Inc., of
Columbus, Ohio for a term of five years, commencing
September 19, 2008 and ending September 18, 2013, and total
cost of $86,187.60, with the option to extend for up to one
additional five year term. The fee for the first year of the
agreement is $16,561.67. The system support agreement
covers hardware and software associated with the scale systems
at the Cefe Valenzuela Landfill and software for the J.C. Elliott
Landfill Transfer Station and Central Management Reporting
System. (Attachment # 11)
Agenda
Regular Council Meeting
October21, 2008
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
12. Motion authorizing the City Manager or his designee to grant a
permit to Sabco Operating Company of Houston, Texas to drill
an oil or gas well being State Tract 71 Well No. 1, approximately
three miles east of the Corpus Christi Marina in Corpus Christi
Bay. (Attachment # 12)
13. Motion authorizing the City Manager or his designee to execute
Amendment No. 16 to the engineering services contract with
Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas,
Texas in an amount not to exceed $259,744.80 for a restated
not to exceed total fee of $2,888,813.80 for the Corpus Christi
International Airport Airfield Drainage Phase VI and Taxiway
Rehabilitation, Signage and Lighting Improvement Projects for
construction management and inspection. (Attachment # 13)
14. Motion authorizing the City Manager or his designee to execute
Change Order No. 3 with Longhorn Excavators, Inc., of
Richmond, Texas in the amount of $59,602 for the Cefe F.
Valenzuela Landfill Section 4A Liner & Leachate Collection
System and Section 4B Excavation for sump modifications.
(Attachment # 14)
15.a. Ordinance appropriating $96,492.07 from the Unreserved Fund
Balance in the Reinvestment Zone No. 2 Fund 1111 for
contractor mobilization, demobilization and other construction
suspension costs for the Packery Channel Boat Ramp Parking
Lot and Access Road as per Change Order No. 2 to the
construction contract with Garrett Construction of Ingleside,
Texas; changing the FY 2008 -2009 Operating Budget adopted
by Ordinance No. 027776 to increase appropriations by
$96,492.07. (Attachment # 15)
15.b. Motion authorizing the City Manager or his designee to execute
Change Order No. 2 to the construction contract with Garrett
Construction of Ingleside, Texas, in the amount $96,492.07 for a
revised total contract price of $854,322.10 for the Packery
Channel Boat Ramp Parking Lot and Access Road FY 2007-
2008 for contractor mobilization, demobilization and other
construction suspension costs. (Attachment # 15)
Agenda
Regular Council Meeting
October 21, 2008
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
16. First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 2, to establish the Senior
Companion Program Advisory Committee; and providing for
publication. (Attachment # 16)
17. First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 2, to establish the Retired and
Senior Volunteer Program Advisory Committee; and providing
for publication. (Attachment # 17)
18. Second Reading Ordinance - Amending the Code of
Ordinances, Chapter 53, Traffic, Schedule V, Section 53 -254,
(Increase of State Speed Limit in Certain Zones) by establishing
a revised speed limit of 70 MPH on U.S. Highway 77 (increasing
the speed limit from 55 MPH to 70 MPH) from Interstate
Highway 37 to the City limits south; providing for penalties;
providing for publication. (First Reading 10/14/08) (Attachment
# 18)
19. Second Reading Ordinance - Amending the Code of Ordinance,
Chapter 53- Traffic, Section 53 -250- Schedule I, One -Way
Streets and Alleys, Section (a), by removing current one -way
traffic pattern on Riverwood Road to two way traffic in the
northbound and southbound direction of travel from F.M. 624
(Northwest Boulevard) to River Hill Drive, at all times; providing
for penalties; providing for severance; and providing for
publications. (First Reading 10/14/08) (Attachment # 19)
20. Second Reading Ordinance — Authorizing the City Manager or
his designee to lease Real Property to the United States Coast
Guard for $1.00 a year for a term of nineteen years, nine months
(beginning on January 1, 2009 and ending on September 30,
2028) in connection with a navigation marker mounted on the
east wall of the South Texas Institute for the Arts Building, an
Aid To Navigation (Aton) structure known as the "Corpus Christi
Channel Cut "B" West Range Front Light (Ac117817) "; providing
for publication. (First Reading 09/23/08) (Attachment # 20)
Agenda
Regular Council Meeting
October 21, 2008
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
J. PUBLIC HEARINGS:
ZONING CASES:
21. Case No. 0908 -02, Martin Hameka: A change in zoning from a
"FR" Farm -Rural District to an "1 -2" Light Industrial District
resulting in a change of land use from vacant farm land to light
industrial uses on property described as 5.009 acres out of
Margaret Kelly Land, Tract 3, Tracts A, B and C, located at 5802
Old Brownsville Road, located north of Old Brownsville Road
and approximately 1,100 feet southwest of Westpoint and Old
Brownsville Road intersection. (Attachment # 21)
Planning Commission and Staffs Recommendation: Approval of
an "1 -2" Light Industrial District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Martin
Hameka, by changing the Zoning Map in reference to 5.009
acres out of Margaret Kelly Land, Tract 3, same being described
as Tracts A, B and C, from "FR" Farm -Rural District to "1-2" Light
Industrial District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan;
providing a repealer clause; and providing for publication.
22. Case No. 0908 -03, Brown & Ortiz, P. C.: A change of zoning
from a "RE" Residential Estate District to a "B -3" Business
District resulting in a change of land use from vacant to retail
uses on property described as 3.777 acres, being part of Lot 6
and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden
Tracts, Volume A, Page 42, Nueces County, TX, located west of
Flour Bluff Drive approximately 130 feet north of the Flour Bluff
and Compton Road intersection. (Attachment # 22)
Planning Commission and Staffs Recommendation: Approval of
a "B-3" Business District.
Agenda
Regular Council Meeting
October 21, 2008
Page 8
ORDINANCE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Amending the Zoning Ordinance, upon application by Brown &
Ortiz, P.C., by changing the Zoning Map in reference to 3.777
acres being a part of Lot 6 and Lot 7, Section 41, Flour Bluff and
Encinal Farm and Garden Tracts, from "RE" Residential Estate
District to "B -3" Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; and providing
for publication.
RENEWAL COMMUNITY:
23.a. Public hearing to consider and nominate applications to the
Office of the Governor for Commercial Revitalization Deduction
allocations. (Attachment # 23)
23.b. Resolution nominating projects to the Office of the Governor for
Renewal Community Commercial Revitalization Deductions.
(Attachment # 23)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
24. Motion authorizing the City Manager or his designee to execute
a construction contract with H &G Contractors of Corpus Christi,
Texas, in the amount of $2,919,681.16 for the Laguna Shores
Road Rehabilitation from Graham Road to Hustlin' Hornet Drive
for the Total Base Bid and Additive Alternate No. 1. (BOND
ISSUE 2004) (Attachment # 24)
25. Resolution authorizing the City Manager, or his designee, to
execute an Advance Funding Agreement with the Texas
Department of Transportation (TXDOT) in the amount of
$1,683,570 for North Port Avenue from IH 37 to US 181 for
construction work. (BOND ISSUE 2004) (Attachment # 25)
26. Resolution approving a policy regarding identity theft detection
and prevention for utility customer accounts. (Attachment # 26)
Agenda
Regular Council Meeting
October 21, 2008
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
27. Resolution expressing official intent to reimburse costs with
respect to the Health Department Laboratory Air Handler and
Health Department Chiller replacement. (Attachment # 27)
28. Ordinance appropriating $355,000 of the Unreserved Fund
Balance in the General Fund No. 1020 for Health Department
Laboratory Air Handler replacement and Health Department
Chiller replacement; changing the FY 2008 -2009 Operating
Budget adopted by Ordinance No. 027776 to increase
appropriations by $355,000. (Attachment # 28)
29. Resolution of the City of Corpus Christi, Texas, authorizing the
South Texas Aggregation Project, Inc. (STAP) to negotiate an
Electric Supply Agreement for deliveries of electricity and
necessary related services effective January 1, 2009; approving
STAP contracting with FPL Energy Power Marketing, Inc. and
Direct Energy, LP and authorizing the City Manager to sign a
contract with STAP for the City's electricity needs for the period
beginning January 1, 2009 and extending up to December 31,
2013. (Attachment # 29)
30. Resolution approving the general location of bollards in the
vicinity of the Padre Island seawall and South Packery Channel
jetty. (Attachment # 30)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
31. Update on Coastal Bend Workforce Development Partnership —
Industry Outreach Initiative (Attachment # 31)
32. Report on Municipal Court Judges Salary Adjustments
(Attachment # 32)
33. Storm Water Drainage Utility Update (Attachment # 33)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
Agenda
Regular Council Meeting
October21, 2008
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present ft to the City
Secretary.)
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT
PROHIBITS THE CITY COUNCIL FROM RESPONDING AND
DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW
ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE
INQUIRY.
_3. ADVISE THE CITIZEN THAT THIS SUBJECT _WILL BE
PLACED ON AN AGENDA AT A LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER,
STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the - presiding office.
Agenda
Regular Council Meeting
October21, 2008
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at ; 3 0 p.m., on October 15,
2008.
(� ry tilul >� CCU -1
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the
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
I
Develop Street Plan
Texas A &M University— Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process Improvement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
Downtown Plan
Charter Review
1
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Priscilla Leal
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Michael McCutchon*
John Marez **
Nelda Martinez
*Arrived at 10:08 a.m.
* *Arrived at 10:10 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
October 7, 2008 - 10:00 a.m.
City Staff:
Interim City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
* * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
C. Executive session pursuant to Texas Govemment Code, Section 551.074 to deliberate the
appointment/employment of the City Manager with possible discussion and action related
thereto in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Garrett reported that the Council reviewed and considered seven (7) applicants for the
City Manager position and that the Council selected five (5) applicants that will be interviewed on
October 28`h. Mayor Garrett stated that the names of the five (5) applicants being considered will be
available to the public after the consultant has contacted those individuals.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 12:28 p.m. on October 7, 2008.
* * * * * * * * * * * **
—1—
2
a. C.C. AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT —
The board is recommending the confirmation of the following officers: Oscar Martinez
as President, Margie Rose as Vice - President and Fred Segundo as Secretary. (Note:
Section 8811.024 of the Texas Special District Local Laws Code requires the City
Council to confirm the election of officers annually.)
DUTIES: To develop and protect municipal aquifer storage areas created by the City of
Corpus Christi. The district may implement and develop aquifer storage and recovery
proj ects.
COMPOSITION: Five (5) directors appointed by the City Council to serve staggered
four -year terms. If a vacancy occurs on the board, the board may appoint a director to
serve the remainder of the term. The board shall annually elect officers and officers must
be confirmed by the City Council. The initial directors shall draw lots to determine which
three (3) directors shall serve four -year terms that expire at the end of the calendar year
four years after the effective date of the Act, and which two directors shall serve two -year
terms that expire at the end of the calendar year two years after the effective date of the
Act.
ORIGINAL
MEMBERS TERMS APPTD. DATES
Gustavo Gonzalez 12 -13 -08 10 -02 -08
Rudy Garza 12 -13 -11 10 -02 -08
Oscar Martinez 12 -13 -08 12 -13 -05
Margie Rose 12 -13 -11 12 -11 -07
Fred Segundo 12 -13 -08 12 -11 -07
—5—
3
Requested Council Date: 10/21/08
Alternate Date: 10/28/08
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Pencco, Inc., San Felipe,
Texas for approximately 178,150 gallons of ferrous sulfate in accordance with Bid Invitation No.
BI- 0224 -08 based on only bid for an estimated six-month expenditure of $149,997. The term of the
supply agreement will be for six - months with an option to extend for up to five additional six -
month periods subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted by the Wastewater Department in FY 08 -09.
BACKGROUND:
Purpose:
Previous Contract:
This chemical will be used by the Wastewater Department for odor
control at sixteen (16) treatment locations. In addition to supplying
the chemical, the supplier will perform atmospheric and wastewater
hydrogen sulfide (H2S) sampling at each of the treatment locations on
a bi- weekly basis.
The option to extend the previous contract was not exercised due to
supplier's inability to maintain contract pricing, requiring new bids to
be received.
Bid invitations Issued: Twenty-Six
Bids Received: One
Price Analysis: When compared to the previous contract, pricing has increased from
$.034 per gallon to $.078 per gallon.
Award Basis:
Funding:
Only Bid
BioCope, Inc., Canyon, Texas submitted a bid, however, their offer
has been deemed as non - responsive. Offer submitted by BioCope,
does not meet the technical specification requirements as required in
the bid documents.
Wastewater Department
520010- 4200 -33100
5200104200 -33110
520010 -4200 -33120
520010 -4200 -33130
520010 -4200 -33140
Michael'Barrera,
Assistant Director of Financial Services
FY -07/08
$8,507
63,373
63,377
9,192
5
Total $149,997
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4
Requested Council Action: 10/21/08
Alternate Council Date: 10/28/08
COUNCIL MEMORANDUM
RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of
$403,716.87 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus
Christi and budgeted in the Fire Grant Fund 1062.
■***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purpose:
Required Council Action:
The U.S. Department of Homeland Security awards annual grants to the
State of Texas, who then award sub - recipient grants to local jurisdictions.
The current grant was accepted by the City Council on November 13, 2007.
The purchase of this specialized equipment requires Council approval due
to the associated dollar amount.
In order that the City assure compliance with the State Purchasing Act and
City policies relating to purchases, adoption of the motion is necessary in
order to move forward with the proposed purchase.
Previous Council Action: On November 13, 2007 the City Council accepted a State Homeland
Security Grant in the amount of $1,389,430 from the Office of the
Governor's Division of Emergency Management, for the purchase of
specialized equipment and training.
Funding:
Fire Grant Fund -
520100 -1062- 00000 - 820746
520090- 1062 - 00000 - 820747
520090- 1062 - 00000 - 820748
Michael Barrera
Assistant Director of Financial Services
-13-
Total:
$139,731.27
200,739.70
63,245.90
$403,716.87
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 10/21/08
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept grant funding in the
amount of $257,801.80 from the Texas Department of Transportation (TXDOT) for Years
2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police
Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a
City match of $114,175.02 and to execute all related documents.
B. Ordinance appropriating $257,801.80 from the Texas Department of Transportation
(TXDOT) for funding for Years 2 and 3 of the Comprehensive Selective Traffic
Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an
emergency.
ISSUE: TXDOT is providing funding to continue the overtime DWI and Speed enforcement
grants in the Police Department for 2010 and 2011.
BACKGROUND INFORMATION: The grant provides overtime funding for DWI and Speed
enforcement across the City with varied days of the week and hours of operation.
PREVIOUS COUNCIL ACTION: The Council accepted and appropriated Year 1 of the grant on
September 16, 2008.
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds.
FUNDING: Officers will be working on an overtime basis, with the City providing $78,425.02 for
fringe benefits and $35,750 for mileage.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating
the funds.
Attachments:
TXDOT grant agreement
—17—
B. P. Smith
Chief of Police
Texas Traffic Safety eGrants
Fiscal Year 2009
Organization Name: City of Corpus Christi Police Department
Legal Name: City of Corpus Christi
Payee Identification Number: 17460005741000
Project Title: STEP 2009 Comprehensive
ID: 2009 - CorpusPD- S- MYG -Yr1 -0203
Period: 10/01/2008 to 09/30/2009
Page 1 of 45
-18-
City of Corpus Christi
STEP 2009 Comprehensive
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the, City
of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully
executed by both parties. For the purpose of this agreement, the Subgrantee is designated
as a(n) Local Government.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2009.
Project Title: STEP 2009 Comprehensive
Grant Period: This Grant becomes effective on 10/01/2008 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise
modified.
Total Awarded: $556,177.38
Amount Eligible for Reimbursement: $402,871.05
Match Amount: $153,306.33
2009 - CorpusPD- S- MYG -Yr1 -0203 Printed On: 8/28/2008
-19-
Page 2 of 45
City of Corpus Christi
STEP 2009 Comprehensive
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she /he is an officer
of the organization for which she /he has executed this agreement and that she /he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
activating and /or carrying out orders,
established policies or work programs
approved and authorized by the Texas
Transportation Commission
City of Corpus Christi
[Legal Name of Agency]
By:
[Authorized Signature]
By:
[District Engineer Texas Department of
Transportation]
[Name] [Name]
[Title] [Title]
Date: Date:
Under the authority of Ordinance or By:
Resolution Number (for local government):
(If Applicable) Director, Traffic OperationsDivision Texas
Department of Transportation (Not required
for local project grants under $100,000.00)
[Resolution Number] Date:
2009-CorpusPD-S-MYG. Yr1 -0203 Printed On: 8/28/2008
Page 3 of 45
City of Corpus Christi
STEP 2009 Comprehensive
YEAR LONG
DWI
I " Speed
F OP
F ITC
WAVE
1 DWI
fl Speed
OP
Program Element Selection
DWI: Driving While Intoxicated
Speed: Speed Enforcement
OP. Occupant Protection (Safety Belt and Child Safety Seat)
ITC: Intersection Traffic Control
Jurisdiction wide (DWI enforcement effort must be focused at locations
where there is an over - representation of alcohol - related crashes and /or
DWI arrests)
Jurisdiction wide (Speed enforcement should be focused on areas where
there is at least a 50% noncompliance with the posted speed limits and /or
a higher number of speed - related crashes)
Jurisdiction wide
CMV
Speed, OP CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations
and HMV
Note: If a DWI component is selected above, an SFST letter is no longer required
to be submitted with the proposal.
2009 - CorpusPD- S- MYG -Yr1 -0203 Printed On: 8/28/2008
—21—
Page 4 of 45
ORDINANCE
APPROPRIATING $257,801.80 FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING FOR YEARS 2 AND 3 OF THE
COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROJECT
(STEP) IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $257,801.80 is appropriated from the Texas Department of
Transportation for funding for Years 2 and 3 of the Comprehensive Selective Traffic
Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an
emergency.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the day of October, 2008.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved as to form October 7, 2008
T. Tnsha Dang
Assistant City Attomey
For City Attomey
Henry Garrett, Mayor
—22—
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, I/we
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
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
-23-
6
AGENDA MEMORANDUM
City Council Action Date October 21. 2008
AGENDA ITEM:
Item A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT OF $748,018 FROM THE TEXAS DEPARTMENT OF STATE HEALTH
SERVICES TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN
PROGRAM, BASED ON AN $11.55 REIMBURSEMENT FOR EACH
PARTICIPANT SERVED, AND TO EXECUTE ALL RELATED DOCUMENTS.
Item B: APPROPRIATING A GRANT OF $748,018 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH
GRANTS FUND TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN
PROGRAM, BASED ON AN $11.55 REIMBURSEMENT FOR EACH
PARTICIPANT SERVED; AND DECLARING AN EMERGENCY.
ISSUE: The Bureau of Clinical and Nutrition Services, Department of State Health Services
(DSHS), provides funding for supplemental food vouchers, and nutrition education at no
cost to low income pregnant and postpartum women as well as infants and children. This
program is known as the Women, infants and children (WIC) program. Services are
performed in accordance with the terms and specifications of the DSHS and the United
States Department of Agriculture (USDA). Based on a reimbursement of $11.55 for each
participant, the attached budget reflects the operational needs of the WIC program for
fiscal year 08 -09. This is a non - competitive grant with neutral budget impact.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved funding for FY07 -08.
FUNDING: No match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and
appropriate funding for the continuation of nutritional and individual counseling services to
low income women, infants, and children.
—27—
Anne Rodriguez, MP
Interim Director of Health
BACKGROUND INFORMATION
The special supplemental nutrition program for women, infants, and children (WIC) is a
health and nutrition program that is successful in improving the diets of infants, children,
and pregnant, postpartum, and breastfeeding women who are eligible for the program
through low income and nutrition - related risks. This item renews the current contract with
the Department of State Health Services to provide services to low income women, infants,
and children. The contract will begin on 10/01/08 through 09/30/09. The main goal of the
WIC Program is to educate mothers about proper nutrition for their babies and young
children. The WIC Division serves an average of 5,400 WIC clients per month.
—28—
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT OF $748,018 FROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE FOR THE WOMEN, INFANTS, AND
CHILDREN PROGRAM, BASED ON AN $11.55 REIMBURSEMENT
FOR EACH PARTICIPANT SERVED, AND TO EXECUTE ALL
RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$748,018 from the Texas Department of State Health Services to provide for the
Women, Infants, and Children (WIC) Program, based on an $11.55 reimbursement for
each participant served, and to execute alf related documents.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 10, 2008
a. L.41#
Elizabj R. Hundley
Assist • t City Attorney
for the City Attorney
EHres227.doe
-29-
Henry Garrett
Mayor
Corpus Christi, Texas
day 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
-30-
AN ORDINANCE
APPROPRIATING A GRANT OF $748,018 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE FOR THE WOMEN, INFANTS,
AND CHILDREN PROGRAM, BASED ON AN $11.55
REIMBURSEMENT FOR EACH PARTICIPANT SERVED; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant from the Texas Department of State Health Services, in the
amount of $748,018, is appropriated in the No. 1066 Health Grants Fund to provide for
the Women, Infants, and Children (WIC) Program, based on an $11.55 reimbursement
for each participant served. This funding is provided for the period beginning October 1,
2008, and ending September 30, 2009.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 10, 2008
1
iza >: h R. Hundle
Assis ant City Attorney
for the City Attorney
EHord247.doc
-31-
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: 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,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Rummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
EHord247.doc
—32—
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2009 - 030102 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of' the State of Texas, and
CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor),
a Government Entity, (collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(sl. The total amount of this Contract
is $748.018.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2008 and ends on 09/30/2009. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following.
a. Core Contract (this document)
b. Program Attachments:
2009 - 030102 -001 NSS -WIC LOCAL AGENCY -NOIMM
c. General Provisions (Sub- recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
—33—
9264R -1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
CORPUS CHRISTI, TX 78469 -9277
Vendor Identification Number: 17460005741027
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
—34—
OIAAQ_1
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By: By:
Signature of Authorized Official Signature
Date
Bob Bumette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
Date
Printed Name and Title
Address
AUSTIN, TEXAS 78756 City, State, Zip
(512) 458-7470
Bob.Bumette @dshs.state.tx.us
9264R -1
Telephone Number
E -mail Address for Official Correspondence
as tofontq rrr;.r 'k
-Elizabeth t a icl tai
Assistant City Attomey
For City Attorney
—35—
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM:
Item: A MOTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A TWO -
YEAR CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES FOR THE
ADMINISTRATION OF DUTIES PERFORMED BY THE VITAL STATISTICS PROGRAM OF THE
HEALTH DEPARTMENT AND FOR THE PAYMENT OF RECORD FEES DUE TO THE STATE.
ISSUE: This contract formalizes an agreement between the Department of State Health Services
and the City of Corpus Christi to provide the city with access to the state's database of Vital
Records. The city's office of Vital Statistics will be able to print copies of vital records as certificates
for consumers and will pay $1.83 to the state for each record printed. The city, in turn, collects a fee
from the consumer for the issued certificate.
REQUIRED COUNCIL ACTION: APPROVAL OF THE CONTRACT.
PREVIOUS COUNCIL ACTION: COUNCIL APPROVED FUNDING FY06 TO FY08
CONCLUSION AND RECOMMENDATION: RECOMMEND CITY COUNCIL TO AUTHORIZE THE
CONTRACT.
l iS irk �a�j , � #'
Annette Rodriguez, M.P.H. o '
Interim Director of Public Health
—39—
BACKGROUND INFORMATION
The Office of Vital Statistics is administered by the Health Department. During the fiscal years 2007
and 2008, there were a total of 40,238 birth certificates and 44,488 death certificates issued by this
office. In order to issue these certificates, there must be access to the State's database of vital
statistics information. This contract formalizes an agreement to provide this access. The fee of $1.83
per record is unchanged from that which has been charged previously by the State. In addition to
the fees paid to the State, the City agrees to maintain documentation of certificates generated and to
purchase supplies and equipment necessary to print the certificates. The cost of printing the
certificates and paying the $1.83 fee to the State is offset by the fees charged to the consumer. The
current fee for a birth certificate is $23.00 and a death certificate is $21.00. These fees are set by
the State. This contract begins September 1, 2008, and ends August 31, 2010.
-40-
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2009 - 028839 -001 (Contract), is entered into by and between the
Department of State Health Services (DSHS or the Performing Agency), an agency of the State
of Texas, for DSHS Program Vital Statistics Unit and CITY OF CORPUS CHRISTI (Receiving
Agency), a Government Entity, (collectively, the Parties).
1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency
agrees to purchase the services and/or goods as described in this Contract.
2. Total Amount of the Contract. The total amount of this Contract shall be determined by the
number of birth certificates printed as a result of searches of the database.
3. Term of the Contract. This Contract begins on 09/01/08 and ends on 08/31/2010. The
Parties are not responsible for performance under this Contract before both parties have signed
the Contract or before the start date of the Contract, whichever is later.
4. Authority. Performing Agency enters into this Contract under the authority of Health and
Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through
the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract
is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal
Cooperation Act, Chapter 791 et seq.
5. Documents Formine Contract. The Contract consists of the following.
a. Core Contract (this document)
b. Exhibits, if applicable
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and
incorporated herein through written amendment.
This Contract may be modified within the Contract period by written amendment signed by both
Parties.
6. Statement of Work.
Performing Agency agrees to provide on -line computer services in support of Receiving Agency
from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency
or computer application error, Performing Agency may temporarily suspend services without
advance notice.
—41—
92648 -1
Receiving Agency will search Performing Agency databases, locate data, and issue Certifications
of Vital Records to authorized individuals requesting such data. The certifications will be in a
format formally approved by Performing Agency. No limit will be established on the number of
searches per month not resulting in issuance of a certification, provided the number is
reasonable.
Receiving Agency will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by Performing Agency.
Performing Agency will assist in connection of the equipment, furnish software program and
provide technical assistance, if necessary.
Receiving Agency acknowledges that records may not be located in the searching process
instituted by Receiving Agency or records, which are located, may have errors due to:
A) normal key -entry errors in spellings;
B) accidental failure on the part of the Performing Agency to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
Receiving Agency will notify Performing Agency in writing, at least monthly of errors or
suspected errors that exist on the data base information.
Receiving Agency is to maintain an inventory control and account for each document produced
on "bank note" paper, including voided documents.
Receiving Agency is responsible for maintaining a system of vital record keeping that is in
accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there
under.
7. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by DSHS or goods provided under this Contract:
Name: Department of State Health Services
Address. 1100 West 49th Street
Austin, Texas 78756 -3199
Vendor Identification Number: 35375375371000
8. Payment Method.
Fee for Service
Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 83/100) for
each Certification of Vital Record printed as a result of searches of the database.
—42—
92648 -1
Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing
Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code
191.
9. Billine Instruction. Performing Agency will submit a monthly itemized billing showing the
number of transactions by date to Receiving Agency and payment will be made no later than
thirty (30) days following the billing date. Payment will be considered made on the date
postmarked.
10. Confidentiality. Parties are required to comply with state and federal laws relating to the
privacy and confidentiality of patient and client records that contain Protected Health
Information (PHI), or other information or records made confidential by law. Receiving Agency
will maintain sufficient safeguards to prevent release or disclosure of any information obtained
hereunder to anyone other than Receiving Agency employee(s) or those who have an official
need for the information and are authorized to receive such records. Receiving Agency further
agrees records obtained and issued, as specified under this contract, will be used for purposes as
herein set out and the use of these records or data for other purposes must be agreed to in writing
by both parties.
11. Security of Patient or Client Records. Receiving Agency agrees that all data received
from Performing Agency shall be treated as confidential, and ensure all information provided to
outsourced entities remains confidential and utilized as specified in any pertinent written
agreements. Data will not be used for any purpose other than that specifically set forth herein.
Data will not be made available to any other individual or organization without proper consent.
Data will be maintained to prevent unauthorized access and will not be used to track back to any
individual or organization identified by the data. Receiving Agency agrees to implement all
reasonable and necessary procedures to ensure that only authorized users will have access and
will notify Performing Agency immediately should it detect a security violation by one of its
employees or any other person. Receiving Agency is responsible for insuring that authorized
Receiving Agency employee(s) use only their own individual passwords while logged into
Performing Agency on -line computer applications.
Performing Agency will inactivate any individual who does not use their account for ninety (90)
days. Receiving Agency shall notify Performing Agency of all branch locations.
12. Suspension of Services Under This Contract. In the event of an emergency or computer
overload, Performing Agency may temporarily suspend services without advance notice. This
Contract may be immediately suspended upon reasonable suspicion by Performing Agency that
the terms of this Contract have been violated. Performing Agency further reserves the right to
terminate this Contract if, after reasonable notice and investigation, it is concluded that a
violation of this Contract has occurred.
13. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee
of accuracy regarding the data provided to Receiving Agency under this contract.
14. Termination. This Contract may be terminated by mutual agreement of both parties. Either
party may terminate this Contract by giving 30 day's written notice of its intent to terminate.
92648 -1
—43—
Written notice may be sent by any method, which provides verification of receipt, and the 30
days will be calculated from the date of receipt. This Contract may be terminated for cause by
either party for breach or failure to perform an essential requirement of the Contract
Performing Agency reserves the right to limit or cancel access under this Contract should
Performing Agency determine that is has insufficient capacity in its computer system to maintain
current levels of transactions by Receiving Agency and/or that continued access by Receiving
Agency is detrimental to the overall efficiency and operation of Performing Agency's computer
systems. Any such limitation or termination of services will be upon written notice to Receiving
Agency by Performing Agency.
Upon termination of all or part of this Contract, Department and Receiving Agency will be
discharged from any further obligation created under the applicable terms of this Contract except
for the equitable settlement of the respective accrued interests or obligations incurred prior to
termination.
15. Terms & Conditions.
A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable
federal and state statutes, rules and regulations.
B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to
contract formation, performance, interpretation, and any issues that may arise in any dispute
between the Parties, the Contract shall be governed by, and construed in accordance with, the
laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall
be Travis County, Texas.
C. Exchange of Client- Identifying Information. Except as prohibited by other law, Receiving
Agency and Performing Agency shall exchange Public Health Information (PHI) without the
consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and Safety Code §
533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall
disclose information described in Health and Safety Code § 614.017(a)(2) relating to special
needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of
that agency, unless Contractor documents that the information is not allowed to be disclosed
under 45 CFR Part 164 or other applicable law.
D. Records Retention. DSHS shall retain records in accordance with the Department's State of
Texas Records Retention Schedule, located at
http: / /www.dshs.state.tx.us /records /schedules.shtm, Department Rules and other applicable state
and federal statutes and regulations governing medical, mental health, and substance abuse
information.
E..Severability and Ambiguity. If any provision of this Contract is construed to be illegal or
invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent
and effect as if never incorporated, but all other provisions will continue. Parties represent and
agree that the language contained in this Contract is to be construed as jointly drafted, proposed
and accepted.
—44—
92648 -1
F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract
shall be deemed to have been received by a Party on the third business day after the date on
which it was mailed to the Party at the address first given above (or at such other address as the
Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of
receipt.
G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION
OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY
DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR
FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY
OPERATION OF LAW.
H. Waiver. Acceptance by either party of partial performance or failure to complain of any
action, non - action or default under this Contract shall not constitute a waiver of either party's
rights under the Contract.
I. Breach of Contract Claim. The process for a breach of contract claim against the Department
provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25
TAC § §1.431 -1.447 shall be used by Performing Agency and Receiving Agency to attempt to
resolve any claim for breach of contract made against Performing Agency.
J. Inspections.
Receiving Agency shall permit authorized Performing Agency personnel, during normal working
hours, to conduct site visits and review such records as needed to ascertain compliance with the
terms of this contract.
K. Voided Records.
To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged
Records, Performing Agency is asking all Local office staff to be prudent in reviewing and
checking record information on the computer screen prior to printing. The State Vital Statistics
Unit does not honor nor encourage what some may consider "courtesy or free copies ". All
documents printed via the remote access system are considered legal and viable documents.
Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it
can no longer be issued without authorization from the State Vital Statistics Unit Office.
Records printed by accident should be reported to the Security Manager to reset the lifetime
count. The State Vital Statistics Unit is not responsible for. printers not being turned on, printing
to wrong printer, printers not working properly, the accidental printing of a wrong record. In
order to reset the lifetime count of a customer, Receiving Agency must notify Performing
Agency Security Manager in writing to clear voided records from the remote access system's
customer lifetime counts and the original voided certificate must be sent into the State Vital
Statistics Unit Office.
L. Credits.
92648 -1
—45—
Performing Agency will handle credit requests on a case -by -case basis. Credits may be
considered in those cases of emergency situations, i.e., equipment and systems failures or
inclement weather. Receiving Agency shall submit these requests in writing along with pertinent
documentation to provide justification to the State Registrar and/or designee for approval.
Performing Agency will provide written documentation to the Receiving Agency on the status of
the approval of credit requests.
16. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES
By:
Signature oTAuthorized Official
Date
3111 f6
Bob Bumette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
CITY OF CORPUS CHRISTI
By:
Signature
Date
Printed Name and Title
Address
AUSTIN, TEXAS 78756 City, State, Zip
(512) 458-7470
Bob.Burnette@dshs.state.tx.us
92648 -1
Telephone Number
E-mail Address for Official Correspondence
—46—
Eliza Y'° -.'undley
Ass . City Attomey
For City Attomey
8
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM:
Item: ORDINANCE APPROPRIATING $625,409 FROM THE ESTIMATED PROGRAM
INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL
YEAR 2008 -2009 PROGRAM INCOME TO FUND LABORATORY AND PUBLIC HEALTH
SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2008, THROUGH AUGUST 31, 2009;
AND DECLARING AN EMERGENCY.
ISSUE: The Corpus Christi - Nueces County Public Health District receives funding from the
Department of State Health Services (DSHS) for various public health services. As a result
of this support, fees that are charged must be prorated to determine the percentage of
revenues that were generated using State /Federal funds. The State /Federal supported
revenues are deemed Program Income (PI). PI earned during the State fiscal year
(September 1 — August 31) must be spent during that year or returned to the State. PI
earned is to be used to supplement local funds for public health services. Staff reviews
actual earnings and projected earnings to recommend an annual appropriation to cover
expenditures. Expenditures have included laboratory and nursing supplies,
communications equipment, and staff training. Planned expenditures for FY 2008 -2009
includes supplies, minor equipment, contractual services, training, and computer
equipment for the laboratory, and nursing programs.
REQUIRED COUNCIL ACTION: Authorize an appropriation of $625,409 for FY 2008-
2009 Program Income.
PREVIOUS COUNCIL ACTION: Council approved funding FY07 -08
FUNDING: There are no match funds required.
CONCLUSION AND RECOMMENDATION: Recommend that the ordinance be approved
to provide a continuation of public health services to our community.
—49—
iAaa / a to /f
Annette Rodriguez, MPH
Interim Director of Health
BACKGROUND INFORMATION
The Corpus Christi - Nueces County Public Health District receives funding from the Texas
Department of State Health Services (DSHS) to provide various public health services.
The DSHS requires that revenues collected must be prorated to determine the percentage
of revenues that were generated using State /Federal funds. The State /Federal supported
revenues are deemed Program Income (PI). PI earned is to be used to supplement local
funds for public health services.
Private Vaccine (PI) in the amount of $104,333 is used to purchase yellow fever, Hepatitis
A, Hepatitis B, other vaccines, training and other needed supplies.
Immunization (PI) in the amount of $134,972 is used to purchase medical supplies, training
for staff and other needed supplies.
Sexually Transmitted Disease (STD) (PI) in the amount of $20,000 is used for medication,
outreach, training and other needed supplies.
Family Planning (PI) in the amount of $10,400 is used for medical supplies and other
needed supplies needed to operate the Family Planning program.
Laboratory and Medicaid Billing Combined (PI) in the amount of $152,000 is used for
reagents, equipment and other laboratory supplies.
Tuberculosis (TB) (PI) in the amount of $40,000 is used for medical supplies, x -ray
machine maintenance agreement and other needed supplies to operate the Tuberculosis
clinic.
Medicaid (P1) in the amount $163,704 is used to enhance the programs in which the
program income was generated.
—50—
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AN ORDINANCE
APPROPRIATING $625,409 FROM THE ESTIMATED PROGRAM
INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS
STATE FISCAL YEAR 2008 -2009 PROGRAM INCOME TO FUND
LABORATORY AND PUBLIC HEALTH SERVICES FOR THE PERIOD
OF SEPTEMBER 1, 2008, THROUGH AUGUST 31, 2009; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Estimated program income revenue, in the amount of $625,409, is
appropriated in the No. 1066 Health Grants Fund as State fiscal year 2008 -2009
program income to fund laboratory and public health services for the period of
September 1, 2008, through August 31, 2009.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 3, 2008
Elizabeth R. Hundley'
Assistant City Attorney
for the City Attorney
EHord245 revd.doc
—52—
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: 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,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
EHord245 revd.doc
-53-
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM:
A. Resolution authorizing the City Manager or designee to execute all documents
necessary to accept the $150,000 grant from the U.S. Department of Justice (DOJ), Office
of Justice Programs for support of the Corpus Christi Southeast (Flour Bluff) Weed and
Seed Community, for FY 2008 -2009.
B. Ordinance appropriating $150,000 from the U.S. Department of Justice, Office of Justice
Programs in the No. 1067 Federal /State Grant Fund for support of the Corpus Christi
Southeast Weed and Seed Community for FY 2008 -2009; and declaring an emergency.
ISSUE: The City of Corpus Christi has been awarded a $150,000 grant from the U.S.
Department of Justice, for the Corpus Christi Southeast (Flour Bluff) Weed & Seed
Community. The Weed & Seed Program federal grant must be renewed annually to
continue its current strategy. For the past ten years, Council has granted authorization to
accept and appropriate the Department of Justice funds for the Weed and Seed Program.
The grant period is from 10/01/2008 to 09/31/2009.
REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager
or his designee to accept and appropriate these funds.
FUNDING: U.S. Department of Justice, for the continuation of the Weed & Seed Program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
and ordinance.
SallyG &v k,'Direct &r
Parks an Recreation
Attachment: Background Information and the Corpus Christi South -East Weed
and Seed Community Map.
—57—
BACKGROUND INFORMATION
Administration of the Weed and Seed Program was assigned to the Parks and Recreation
Department on October 26, 1999. The Executive Office for Weed & Seed directed The City
of Corpus Christi to insure 50% of the budget went to the Law Enforcement side of the
program. This Corpus Christi Southeast (Flour Bluff) Weed & Seed Community grant in the
amount of $150,000 will be used for the support of the Weed & Seed Program from the U.S.
Department of Justice (DOJ). It will be dispensed per guidance from the DOJ as follows:
$75,000 for CCPD weeding efforts and $75,000 for seeding efforts. Our Site I North and Site
II West Communities have now been terminated after 10 years of service to the City of
Corpus Christi and will not receive future funding.
The Weed and Seed program is a comprehensive, multi- agency approach to combating
violent crime, drug use and gang activity in high crime neighborhoods. The program is
designed to "weed out" crime from targeted neighborhoods and then to "seed" these
neighborhoods with a wide range of crime and drug prevention programs that includes
human service agency resources. The four Weed and Seed major strategy
components are as follows: Law Enforcement, Community Policing, Prevention,
Intervention and Treatment and Neighborhood Restoration.
—58—
The City of Corpus Christi Weed & Seed Program
What is Weed and Seed?
The Weed & Seed program is a comprehensive, mufti-agency approach to
combating violent crime, drug use, and gang activity in high -crime neighborhoods.
Weed & Seed Goals
The goal of the Weed & Seed program is to "weed out" crime, from targeted
neighborhoods and then to "seed" the target communities with a wide range of
crime and drug prevention programs and human service agency resources.
Preventing crime from reoccurring and provide a safe environment, free of crime in
which law- abiding citizens can live, work and raise their families.
Weed & Seed Strategy
The Corpus Christi Weed & Seed program supports four major strategies.
1. The Law Enforcement Strategy: Designed to reduce violent crime, drug
trafficking and drug related crime in targeted neighborhoods.
2. The Community Policing Strategy: Designed to focus on increasing
police visibility and developing cooperative relationships between the police and
the citizens in the target areas. Creating a safe environment in which to live, work
and raise a family.
3. The Prevention, Intervention and Treatment Strategy: Safe Havens,
Law enforcement and social service agencies, and the community create an
environment where crime cannot thrive by providing a broad array of human
services, treatment referrals, drug and crime prevention programs, educational
and recreational activities.
4. The Neighborhood Restoration Strategy: Involves Federal, State, Local,
and Private sector resources converging on revitalized distressed neighborhoods
through economic development and by providing economic opportunities for
residents.
—59—
Weed & Seed Summary
The Weed & Seed program is a partnership with the Department of Justice, the
Community Capacity Development Office (CCDO) for Weed & Seed, the U.S.
Attorney's Office, the Corpus Christi Police Department and the City of Corpus
Christi. The City of Corpus Christi's Weed and Seed Program represents an
ambitious attempt to improve the quality of life in Corpus Christi within targeted
Sites.
The Corpus Christi Police Department serves as the responsible party for the
Weeding aspect of the program. CCPD continues to develop innovative efforts to
help eradicate crime and its effects of gangs, drugs and violence within the
neighborhoods.
The Parks and Recreation Department Weed and Seed Program serves as the
responsible party for the Seeding efforts. The strategy focuses on the
implementation of programs that address the priority risk factors that have been
identified throughout the city. Which are: 1) Family Management Problems and
Family Conflict, 2) Extreme Economic Deprivation, 3) Early Academic Failure and
Lack of Commitment to School, and 4) Early Intervention of the problem behavior.
Geographic Location
The City of Corpus Christi has been blessed with the opportunity of having three
recognized Weed and Seed target communities during the past 12 years. The
target communities have changed through the years. We now have two
Graduated Sites which is one that can use the Weed and Seed name but receives
no direct funding. Our first target community was designated as weed and seed
site I North and our second was designated as our Site II West Community. We
now have a new designated community called Corpus Christi South East Site
(Flour Bluff) which encompasses censes tracks 30 and 31.
Harold G. Smith
Weed & Seed Program Director
PO Box 9277, (1201 Leopard)
Corpus Christi, Texas 78469
Phone: (361) 826 -3489 / 882 -1300
Cell: (361) 815 -7431
—60—
Weed & Seed Program Map - Corpus Christi, Texas
Corpus Christi South East Site
-61-
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS NECESSARY TO ACCEPT THE $150,000 GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, FOR SUPPORT
OF THE CORPUS CHRISTI SOUTHEAST WEED AND SEED COMMUNITY, FOR FY
2008 -2009.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute all documents
necessary to accept a $150,000 grant from the U.S. Department of Justice, Office of
Justice Programs, for support of the Corpus Christi Southeast Weed and Seed
Community, for FY 2008 -2009.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 14, 2008
Lisa AguilSr'
Assistant City Attorney
For City Attorney
—62—
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 Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
—63—
ORDINANCE
APPROPRIATING $150,000 FROM THE U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS IN THE NO. 1067 FEDERALISTATE
GRANTS FUND FOR SUPPORT OF THE CORPUS CHRISTI SOUTHEAST
WEED AND SEED COMMUNITY, FOR FY2008 -2009; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $150,000 from the U.S. Department of Justice, Office of Justice
Programs, is appropriated in the No. 1067 Federal /State Grants Fund for support of the
Corpus Christi Southeast Weed and Seed Community, for FY 2008 -2009.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of , 2008.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 14, 2008
Lisa Aguilar
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
—64—
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
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hurnmell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
-65-
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM:
A) A resolution authorizing the City Manager or designee to accept a grant of $31,000 from the
Coastal Bend Council of Govemments and execute an interlocal agreement to provide
recycling and anti -litter education.
B) An ordinance appropriating a grant of $31,000 from the Coastal Bend Council of
Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter
education; and declaring an emergency.
ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application
process requires approval of the acceptance resolution by the City Council. The
grant must be accepted and the funds appropriated prior to spending grant
proceeds.
REQUIRED COUNCIL ACTION: Approval of resolution and ordinance as submitted.
PREVIOUS COUNCIL ACTION: Authorization to submit grant applications was approved on June
24, 2008.
CONCLUSION AND RECOMMENDATION: Approval of resolution and ordinance to appropriate
funding as submitted.
-69-
/uc AVis, .. ! L
awrence Mikolajczyk,
Interim Director of Solid Waste Services
BACKGROUND INFORMATION
The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through
the Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide
funding for eligible local and regional municipal solid waste projects in support of the adopted
regional solid waste managements plan for the CBCOG region.
In Fiscal Year (FY) 2002 -2003, Solid Waste Services received a total of $125,000 for the following:
$45,000 for Household Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10,000 for a
Recycling Media/Outreach Program, $10,000 for a Household Hazardous Waste Media/Outreach
Program, and $5,000 to publicize and increase participation in Stop Trashing Corpus Christi
Community Clean-up events.
In FY 2003 -2004, Solid Waste Services received a total of $56,932 for the following: $46,932 for
Solid Waste Local Enforcement, and $10,000 for Litter and Illegal Dumping Cleanup programs.
In FY 2004 -05, Solid Waste Services received a total of $38,619 for the following: $26,619 for Solid
Waste Local Enforcement, $2,000 for Education and Training, and $10,000 for Litter and Illegal
Dumping Cleanup Programs.
In FY 2005 -06, Solid Waste Services received a total of $44,880 for the following: $10,000 for a
Community Media Outreach campaign for the City's Anti -Litter Ordinance, $10,380 for a third year
of funding for an Assistant Compliance Officer, $4,500 for the disposal of scrap tires collected
during the City's Neighborhood Initiative Program, and $20,000 to purchase new collection units for
the used oil and HHW storage modules for the new Collection/Transfer Station at the J.C. Elliott
Landfill.
In FY 2006 -2007, Solid Waste Services received a total of $15,000 for recycling and anti -litter
education.
In FY 2007 -2008, Solid Waste Services received a total $31,120 for the following: $25,000 for
recycling and anti -litter education, and $6,120 for household hazardous waste education materials
and guides.
In FY 2008 -09, Solid Waste Services received a total of $31,000 to provide recycling and anti -litter
education. Due to the common theme of education, the Texas Commission on Environmental
Quality combined the City's two approved grants applications, one for $25,000 and one for $6,000,
under one contract.
—70—
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT OF $31,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS AND EXECUTE AN INTERLOCAL AGREEMENT TO
PROVIDE RECYCLING AND ANTI- LITTER EDUCATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$31,000 from the Coastal Bend Council of Governments and execute an interlocal
cooperation agreement to provide recycling and anti -litter education.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 10, 2008
Eliz -t -th R. Hundle
As ant City Attorney
for the City Attorney
EHres226.doc
—71—
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
—72—
AN ORDINANCE
APPROPRIATING A GRANT OF $31,000 FROM THE COASTAL BEND
COUNCIL OF GOVERNMENTS IN THE NO. 1051 SOLID WASTE
GRANTS FUND TO PROVIDE RECYCLING AND ANTI - LITTER
EDUCATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant of $31,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1051 Solid Waste Grants Fund to provide recycling and anti-
litter education.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 10, 2008
11/
44.1
Eliza es R. Hundley
Assis nt City Attorney
for the City Attorney
EHord248.doc
—73—
CITY OF CORPUS CHRISTI
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: 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,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
EHord248.doc
-74-
COASTAL BEND COUNCIL OF GOVERNMENTS
SOLID WASTE GRANT INTERLOCAL AGREEMENT
Misc. Education
09- 20 -G09
The Coastal Bend Council of Governments (COG) has received a grant through a contract with the
Texas Commission on Environmental Quality, which authorizes COG to redistribute solid waste fees
to support local and regional solid waste projects that are consistent with the regional solid waste
management plan. This interlocal agreement is a subcontract of the COG's contract with the TCEQ.
Funds for this agreement come from Solid Waste Disposal and Transportation Fees.
The COG and the SUBCONTRACTOR certify that they have authority to perform the services
contracted for by authority granted in The Interlocal Cooperation Act," Texas Government Code,
Chapter 791.
This Interlocal Agreement is entered into by and between the parties named below. Neither TCEQ
nor the State of Texas is a party to this Contract.
I. CONTRACTING PARTIES:
The Council of Governments: Coastal Bend Council of Governments
The SUBCONTRACTOR: City of Corpus Christi
II. CONTRACT ADMINISTRATION PROVISIONS:
See "Attachment A - General Contract Provisions" & "Attachment B - Special Contract
Provisions"
III. SERVICES TO BE PERFORMED:
See "Attachment C - Work Program of SUBCON 1 RACTOR" & "Attachment D - Schedule
of Deliverables from SUBCONTRACTOR"
IV. BUDGET AND PAYMENT PROCEDURES:
See "Attachment E - SUBCONTRACTOR Budget and Authorizations"
COUNCIL OF GOVERNMENTS SUBCONTRACTOR
Coastal Bend Council of Governments
John Buckner
Executive Director
Date: 0lAa/an oP
City of Corpus Christi
Lawrence Mikolajczyk
Acting Director, Streets and Solid Waste
Date.
Coastal Bend CnuryLofGovernments
Elizapeth
As&'stant City Attorney
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Table of Contents
A. General Contract
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
B. Special Contract
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Provisions
Legal Authority
Scope of Services
Purpose
Eligible Applicants/Recipients
Responsibility of the Subcontractor
Licenses, Permits and laws
Uniform Grant and Contract Management Act
Release of Claims
Insurance and Liability
Accounting Systems
Audit/Access to Records
Independent Financial Audit
Changes
Termination
Severability
Intellectual Property
Equal Opportunity and Affirmative Action
ADA Requirements
Utilization of Small, Minority, and Women's Business Enterprises
Energy Efficiency Standards
Acknowledgment of Financial Support
Data and Publicity
Hazardous Substances, Waste Disposal, and Manifests
Statues Relating to Nondiscrimination
Oral and Written Agreements
Safety and Protection
Force Majeure
Entire Contract
Provisions
Period of Performance
Scope of Services
Obligations
Reporting Requirements
Monitoring Requirements
Title to and Management of Real Property and Equipment
Compliance with Applicable Laws
Types and Standards of Solid Waste Implementation Projects
Supplemental Funding Standards
Funds in the MSWDTRF
Conflict of Interest
Authorized Representatives
Coastal Bend-L-719a of Governments
2
C. Work Program of SUBCONTRACTOR
D. Schedule of Deliverables from SUBCONTRACTOR
E. SUBCONTRACTOR Budget and Authorizations
Coastal Bend CorTiLof Governments
3
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
General Contract Provisions
Attachment A
Article 1 Legal Authority
The SUBCONTRACTOR and COG shall conduct the activities funded under this agreement in
accordance with all provisions of this agreement, including all applicable state and local laws, rules,
regulations, and guidelines. The main governing standards include, but may not be limited to the
following:
(1) 361.014, TEX. HEALTH & SAFETY CODE;
(2) 330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330);
and
(3)
The Uniform Grant and Contract Management Act, TEX. GOVT CODE, 783.001 et.
seq., and the Uniform Grant and Contract Management Standards, 1 Texas
Administrative Code (TAC),5.141 et. seq. (collectively, UGCMA).
Article 2 Scope of Services
The services to be performed by the SUBCONTRACTOR are outlined in the General Contract
Provisions (Attachment A), Special Contract Provisions (Attachment B), Work Program of
SUBCONTRACTOR (Attachment C), Schedule of Deliverables from SUBCONTRACTOR
(Attachment D), SUBCONTRACTOR Budget and Authorizations (Attachment E), and any Change
Orders, which are later incorporated into and made a part of this Agreement, as if set out word -for-
word this Contract (Agreement).
Article 3 Purpose
(a) The purpose of this Agreement is to accomplish the goals of 361.014(b), TEX. HEALTH AND
SAFETY CODE, as they relate to distributing solid waste fee revenue funds to support local and
regional solid waste projects consistent with the regional solid waste management plans approved by
the TCEQ and to update and maintain those plans.
(b) Under the overall goals of the funding program established under 361.014(b), TEX. HEALTH
AND SAFETY CODE, the more specific purposes of this Agreement are:
1. To enable the COG to carry out or conduct various municipal solid waste management -
related services and support activities within the COG's regional jurisdiction; and
2. To administer an efficient and effective, region -wide, pass - through (subgrantee)
assistance grants program and/or, where authorized by the COG in accordance with Article 4
of this Attachment, to conduct various COG - managed projects.
Coastal Bend,Cp8Qil of Governments
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Article 4 Eligible Applicants/Recipients
(a)
Eligible Pass - Through Grant Recipients.
1. Only those local and regional political subdivisions located within the State of Texas as
listed below are eligible to receive funding from the COG as a pass - through grant:
(1) Cities;
(ii) Counties;
(iii) Public schools and school districts (does not include universities or post
secondary educational institutions); and
(iv) Other general and special law districts created in accordance with state law,
and with the authority and responsibility for water quality protection or
municipal solid waste management, to include river authorities.
(v) Council of Governments
2. Local and regional political subdivisions that are subject to the payment of state solid
waste disposal fees and whose fee payments are in arrears, as determined by the TCEQ, are
not eligible to receive pass - through grant funding from the COG. The TCEQ shall provide,
on a quarterly basis, the COG a list of entities for which fee payments are in arrears. The
COG shall allow a potential pass - through grant applicant that is listed as being in arrears in
its fee payments the opportunity to provide documentation of payment of the fees owed the
state. If the potential applicant provides the COG with documentation of payment of the
fees, such as a canceled check or receipt from the state, the COG may consider that applicant
to be eligible to receive pass - through grant funding under this agreement. The COG shall
notify the TCEQ of any applicants for which a determination of eligibility was made under
this Subsection with the list of' projects to be provided under the requirements set forth in
Article 7.7.6 of TCEQ Contract No.582 -4- 65529.
Article 5 Responsibility of the Subcontractor
(a) The SUBCONTRACTOR shall be responsible for the professional quality, technical accuracy,
timely completion, and the coordination of all services and other work furnished by the
SUBCONTRACTOR under this Agreement, as set forth in Attachment C of this Agreement.
(b) The SUBCONTRACTOR shall perform such services as may be necessary to accomplish the
work required to be performed under this Agreement, in accordance with the COG and contractual
requirements and any and all applicable law.
(c) The COG may require the SUBCONTRACTOR to correct or revise any errors, omissions, or
other deficiencies in any reports or services provided by the SUBCONTRACTOR to ensure that such
reports and services fulfill the purposes of this Agreement. The SUBCONTRACTOR shall make the
required corrections or revisions without additional cost to the COG.
(d) Neither the COG's review, approval or acceptance of nor payment for any of the services shall
be construed to operate as a waiver of any rights under this Agreement or of any cause of action
Coastal Bend Geintof Governments
A -2
arising out of the performance of this Agreement; and the SUBCONTRACTOR shall be, and remain,
liable in accordance with applicable law for all damages to the COG including reasonable attorneys'
fees and court costs caused by the SUBCONTRACTOR's negligent performance of any of the
services furnished under this Agreement.
(e) The obligations of the SUBCONTRACTOR under this Article are in addition to the
SUBCONTRACTOR's other express or implied assurances under this Agreement or applicable law.
(f) All contractual expenditures using funds provided under this Agreement shall meet all
procurement laws and regulations applicable to the SUBCONTRACTOR and their subcontractors
and the Uniform Grant and Contract Management Act and the Uniform Grant Management
Standards. Note that competitive bidding will generally be required.
(g) The SUBCONTRACTOR shall be responsible for the management and fiscal monitoring of all of
their subcontractors and subgrantees. The SUBCONTRACTOR shall monitor its subcontractors and
subgrantees as necessary to ensure that their subcontractors and subgrantees are operating
consistently with applicable laws and regulations, applicable contracting policies, and this
Agreement. The SUBCONTRACTOR shall ensure that their subcontractors and subgrantees comply
with all record keeping and access requirements set forth in this Agreement. The COG reserves the
right to perform an independent audit of all SUBCONTRACTORS subcontractors and subgrantees.
The SUBCONTRACTOR, SUBCONTRACTORS subcontractors and SUBCONTRACTORS
subgrantees shall maintain detailed records.
Article 6 Licenses, Permits and Laws
The SUBCONTRACTOR shall, except as otherwise provided in this Agreement, be responsible for
obtaining any necessary licenses and permits, and for complying with any applicable Federal, State,
and municipal laws, codes, ordinances, and regulations, in connection with the work required by this
Agreement.
Article 7 Uniform Grant and Contract Management Act
The provisions of the Uniform Grant and Contract Management Act ( "UGCMA ") apply to this
Agreement to the extent required by law.
Article 8 Release of Claims
Upon satisfactory completion of the work performed hereunder and prior to final payment under this
Agreement for such work, or prior to settlement upon termination of this Agreement and as a
condition to final payment/settlement, the SUBCONTRACTOR shall execute and deliver to the
COG a release of all claims against the COG arising under or by virtue of this Agreement.
Article 9 Insurance and Liability
SUBCON TRACTOR shall maintain insurance coverage for work performed or services rendered
under this contract as specified in the Special Provisions. SUBCONTRACTOR understands and
agrees that it shall be liable to repay and shall repay upon demand to COG any amounts determined
by COG, its independent auditors, or any agency of state or federal governments to have been paid in
violation of the terms of this Agreement.
Coastal BendCetcil of Governments
A -3
Article 10 Accounting Systems
The SUBCONTRACTOR shall have an accounting system which accounts for costs in accordance
with generally accepted accounting standards or principles and complies with applicable State law,
regulations, and policies relating to accounting standards or principles. The SUBCONTRACTOR
must account for costs in a manner consistent with such standards or principles.
Article 11 Audit/Access to Records
(a) The SUBCONTRACTOR shall maintain and make available for review, inspection and/or audit
books, records, documents, and other evidence reasonably pertinent to performance on all work
under this Agreement, including negotiated changes or amendments thereto, in accordance with
accepted professional practice, appropriate accounting procedures and practices at the
SUBCONTRACTOR's office. The SUBCONTRACTOR shall also maintain and make available at
its Texas office the financial information and data used by the SUBCONTRACTOR or its designee
(including independent financial auditors) in the preparation or support of any cost submission or
cost (direct and indirect), price or profit analysis for this Agreement or any negotiated subagreement
or change order and a copy of the cost summary submitted to COG. The COG, Texas State Auditor's
Office, or any of COG's duly authorized representatives, shall have access to such books, records,
documents, and other evidence for the purpose of review, inspection and/or audit. During the
conduct of any such review, audit or inspection, SUBCONTRACTOR's books, records, and other
pertinent documents may, upon prior conference with the SUBCONTRACTOR, be copied by the
COG or any of its duly authorized representatives. All such information shall be handled by the
parties in accordance with good business ethics. The SUBCONTRACTOR shall provide proper
facilities within the State of Texas for such access and inspection.
(b) Audits conducted under this provision shall be carried out in accordance with State law,
regulations and policy, and generally accepted auditing standards and established procedures and
guidelines of the reviewing or audit agency(ies).
(c) The SUBCONTRACTOR agrees to the disclosure of all information and reports resulting from
access to records pursuant to Section (a) of this Article to COG. Where the audit concerns the
SUBCONTRACTOR, the auditing agency will afford the SUBCONTRACTOR an opportunity for
an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit
report.
(d) Records under Section (a) of this Article shall be maintained and made available during the
entire period of performance of this Agreement and until three (3) years from date of final COG
payment for the project. In addition, those records which relate to any dispute, litigation, or the
settlement of claims arising out of such performance, or costs or items to which an audit exception
has been taken shall be maintained and made available until completion of such action and resolution
of all issues which arise from it, or until the end of the regular three -year period, whichever is later.
(e) Access to records is not limited to the required retention periods. The authorized representatives
designated in Section (a) of this Article shall have access to records at any reasonable time for as
long as the records are maintained.
Coastal Bend c_o[Lof Governments
A -4
(f) The right to audit and access to records Article applies to financial records pertaining to all
subagreements and all subagreement change orders and amendments. In addition, this right of access
applies to all records pertaining to all subagreements, subagreement change orders and subagreement
amendments to the extent the records reasonably pertain to subagreement performance; if there is any
indication that fraud, gross abuse or corrupt practices may be involved; or if the subagreement is
terminated for default or for convenience.
(g) The COG reserves the right to require the reimbursement of any over - payments determined as a
result of any audit or inspection of records kept by the SUBCONTRACTOR on work performed
under this Agreement.
(h) The SUBCONTRACTOR shall include Sections (a) through (g) of this Article in all
subagreements and all change orders directly related to project performance.
Article 12 Independent Financial Audit
The SUBCONTRACTOR shall adhere to the Single Audit requirements of the UGCMA. The
SUBCONTRACTOR shall deliver to the COG each audit report within thirty (30) days of
completion of the audit report. The SUBCONTRACTOR is responsible for including the Single
Audit requirements in all subagreements and shall be responsible for insuring adherence to those
requirements by all subgrantees and subcontractors.
Article 13 Changes
(a) A Major Change will include one or more of the following:
(1) an increase or decrease in the amount of compensation to the SUBCONTRACTOR;
(2) an extension or shortening of the term of the Agreement;
(3) a significant change in the scope of the Agreement or the services to be performed; or
(4) any action that is beyond the authority of the Executive Director or the Project
Representative of the COG.
(b) Implementation of a Major Change must be preceded by a formal written amendment to the
Agreement. The amendment must contain a description of the proposed change. The amendment
must be signed by persons authorized to bind each party in contract. Any amendment that will
exceed the contractual authority of the Executive Director of the COG also requires the consent, at
Agenda, of a majority of the CBCOG Governing Board.
(c) Any proposed change that is not a Major Change may qualify as a Minor Change. In addition, a
delay or change in the work resulting from inclement weather will be treated as a Minor Change. A
Minor Change shall require the written agreement of both Project Representatives, but does not
require .a formal amendment to the contract. A copy of the authorization must be retained in the
appropriate file of both the SUBCONTRACTOR and the COG.
(d) If the SUBCONTRACTOR requests a Minor Change and the Project Representative of the COG
does not approve the request as a Minor Change, then the change shall be deemed a Major Change
Coastal Bend cBt2G11 of Govemments
A -5
and the SUBCONTRACTOR may only obtain authorization to proceed in accordance with
Section (b) of this Article.
(e) If the SUBCONTRACTOR makes any changes in personnel whose salaries are funded by this
grant, SUBCONTRACTOR must give COG prior notification and obtain prior approval from COG.
(f) Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal law or regulations are automatically incorporated into this Agreement without
written amendment hereto, and shall become effective on the date designated by such law or
regulation, provided if the SUBCONTRACTOR may not legally comply with such change,
SUBCONTRACTOR may terminate its participation herein as authorized by Article 14.
(g) COG may, from time to time, require changes in the Scope of the Services of the
SUBCONTRACTOR to be performed under this Agreement. Such changes that are mutually agreed
upon by and between COG and the SUBCONTRACTOR in writing shall be incorporated into this
Agreement.
Article 14 Termination
(a) This Agreement terminates upon full performance of all requirements contained herein, unless
extended in writing.
(b) This Agreement may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligation under this Agreement through no fault of
the terminating party. Failure on the part of the SUBCONTRACTOR to comply with the conditions
set forth in the agreement shall be the basis for termination of the agreement and/or the revocation of
any unexpended or inappropriately expended funds. Provided that no such termination may be
effected unless the other party is given:
(1) not less than ten (10) days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
(c) This Agreement may be terminated in whole or in part in writing by the COG for its
convenience: Provided that the SUBCONTRACTOR is given not less than ten (10) days written
notice (delivered by certified mail, return receipt requested) of intent to terminate.
(d) If termination for default under Section (b) of this Article or termination for convenience under
Section (c) of this Article is effected by the COG, any payment due the SUBCONTRACTOR at the
time of termination may be adjusted to the extent of any additional costs occasioned to the COG by
reason of the SUBCONTRACTOR's default. The equitable adjustment for any termination shall
provide for payment to the SUBCONTRACTOR for services rendered and expenses incurred prior
to the termination, in addition to termination settlement costs reasonably incurred by the
SUBCONTRACTOR relating to commitments which had become firm prior to the termination.
(e) Upon receipt of a termination action under Sections (b) or (c) of this Article, the
SUBCONTRACTOR shall:
Coastal Bend Coil of Governments
A -6
(1) promptly discontinue all services affected (unless the notice directs otherwise); and
(2) deliver or otherwise make available to the COG all data, drawings, specifications,
reports, estimates, summaries, and such other information and materials as may have
been accumulated by the SUBCONTRACTOR in performing this Agreement,
whether completed or in the process.
(I) Upon termination under Sections (b) and (c) of this Article, the COG may take over the work and
prosecute the same to completion by agreement with another party or otherwise.
(g) If, after termination for failure of the SUBCONTRACTOR to fulfill contractual obligations, it is
determined that the SUBCONTRACTOR had not so failed, the termination shall be deemed to have
been effected for the convenience of the COG. In such event, adjustment of the price provided for in
this Agreement shall be made as provided in Section (d) of this Article.
(h) If any delay or failure of performance is caused by a FORCE MAJEURE event as described in
the Article 27 of this Appendix, the COG may in its sole discretion terminate this Agreement in
whole or part under this Article.
Article 15 Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
Article 16 Intellectual Property
(a) For the purpose of this Article, "intellectual property" refers to 1) any discovery or invention for
which patent rights may be acquired, and 2) any photographs, graphic designs, plans, drawings,
specifications, computer programs, technical reports, operating manuals, or other copyrightable
materials, and 3) any other materials in which intellectual property rights may be obtained.
(b) Royalties and Patent Fees. The SUBCONTRACTOR shall pay all license fees and royalties and
assume all costs incident to the use or possession in the performance of the work or the incorporation
in the work of any Intellectual Property.
(c) Disclosure of Intellectual Property Produced during the work. The SUBCONTRACTOR shall
promptly notify the COG of all Intellectual Property which the SUBCONTRACTOR, including its
employees, subcontractors, or subcontractors employees may produce, either solely or jointly with
others, during the course of this work. In addition, the SUBCONTRACTOR shall promptly notify
the COG of all Intellectual Property to which the SUBCONTRACTOR may acquire rights in
connection with the performance of the work. Any notification under this paragraph shall contain
sufficient technical detail to convey a clear understanding of the Intellectual Property, and shall
identify any publication, sale, public use, or impending publication. Promptly upon request, the
SUBCONTRACTOR shall supply such additional information as the COG may request.
(d) In performing work under this Agreement, the SUBCONTRACTOR shall comply with all laws,
rules, and regulations relating to intellectual property, and shall not infringe on any third- parry's
Intellectual Property rights. SUBCONTRACTOR further represents and warrants to COG that in the
Coastal Bend sic8g4 J1 of Govemments
A -7
course of performing the work it will not use or possess any Intellectual Property owned by a third
party without paying any required royalty or patent fees. SUBCONTRACTOR warrants that it has
full title in and ownership of the Intellectual Property and any enhancements, updates or other
modifications, or that it has full power and authority to grant all licenses granted herein, and that
such license use by the COG will in no way constitute an infringement or other violation of any
Intellectual Property right of any third party. The SUBCONTRACTOR warrants that it shall have,
throughout any applicable license term hereunder, free and clear title to, or the right to possess, use,
sell, transfer, assign, license, or sublicense, products that are licensed or provided hereunder to the
COG by the SUBCONTRACTOR. Except as permitted in the Agreement, SUBCONTRACTOR
shall not create or permit the creation of any lien, encumbrance, or security interest in the work or
any part thereof, or any product licensed or provided hereunder to COG for which title has not yet
passed to COG, without the prior written consent of COG. SUBCONTRACTOR represents and
warrants to COG that neither it nor any other company or individual performing the work is under
any obligation to assign or give to any third party any Intellectual Property rights granted or assigned
to COG, or reserved by COG, pursuant to the Agreement. It shall hold the COG harmless for, and to
the extent permitted by the laws and Constitution of the State of Texas, defend, and indemnify the
COG against, any claims for infringement related to its work under this Agreement.
(e) Grant and License. With respect to such Intellectual Property as is (i) incorporated in the work
(other than Intellectual Property for which COG already possesses equal or greater Intellectual
Property Rights by virtue of this Agreement or otherwise), (ii) produced by SUBCONTRACTOR or
SUBCONTRACTORS employees, subcontractors, or subcontractorOs employees during the course
of performing the work, or (iii) specifically identified in the Supplemental Conditions as Intellectual
Property to which Intellectual Property Rights are granted pursuant to this paragraph,
SUBCONTRACTOR hereby grants to COG (i) a nonexclusive, perpetual, irrevocable, enterprise -
wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use
documentation, and (ii) a nonexclusive, perpetual, irrevocable, enterprise -wide license to authorize
others to reproduce, publish, or otherwise use such Intellectual Property for COGs purposes.
(0 Modification; Derivative Works. COG shall have the right, in its own discretion, to
independently modify any Intellectual Property to which license is granted herein for COGOs own
purposes and use, through the services of its own employees or independent contractors. COG shall
own all Intellectual Property to such modifications. SUBCONTRACTOR shall not incorporate any
such modifications into its Intellectual Property for distribution to third parties unless it first obtains
a license from COG.
(g) SUBCONTRACTOR expressly acknowledges that state funds may not be expended in
connection with the purchase of an automated information system unless that system meets certain
statutory requirements under section 2157.005 of the Government Code, relating to accessibility by
persons with visual impairments. Accordingly, the SUBCONTRACTOR represents and warrants to
COG that the technology provided to the COG for purchase is capable, either by virtue of feature
included within the technology or because it is readily adaptable by use with other technology, of (1)
providing equivalent access for effective use by both visual and nonvisual means; (2) presenting
information, including prompts used for interactive communications, in formats intended for
nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating
information used by individuals who are not blind or visually impaired. For purposes of this
paragraph, the phrase equivalent access means a substantially similar ability to communicate with or
make use of the technology, either directly by features incorporated within the technology or by other
reasonable means such as assistive devices or services which would constitute reasonable
Coastal Bend CopfsiLof Governments
A -8
accommodation under the Americans with Disabilities Act or similar state or federal laws.
Examples of methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical displays, and
customized display appearance.
(h) SUBCONTRACTOR will include in all subcontracts a provision similar in effect to the
following year 2006 Warranty as set forth in the Section.
(1) SUBCONTRACTOR also warrants that, with respect to work performed under this
Agreement, that all work is Year 2006 Compliant when used in accordance with the
applicable documentation, provided that all products used in combination with it (but not
themselves included in or with or incorporated into the work) properly exchange date data
with the work. SUBCONTRACTOR warrants that the work meets all applicable standards
of the Texas Department of Information Resources relating to the Year 2006 Compliance. In
the event any work performed under this Agreement is not Year 2006 Complaint, and the
SUBCONTRACTOR is provided written notice thereof, SUBCONTRACTOR shall at its
sole expense immediately cause such work to become Year 2006 Compliant in a manner that
will minimize interruption to ongoing business processes, time being of the essence.
(i) The SUBCONTRACTOR shall include provisions to effectuate the purposes of this paragraph in
all subcontracts and subgrants under this Agreement in the course of which Intellectual Property may
be produced or acquired.
Article 17 Equal Opportunity and Affirmative Action
The SUBCONTRACTOR shall agree that in the performance of this Contract, it will not
discriminate against any employee or applicant because of race, religion, color, sex, age, or national
origin and it will comply with Executive Order 11246, entitled "Equal Employment Opportunity," as
amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (Title
41 CFR Part 60). The SUBCONTRACTOR assures that no person will, on the grounds of race,
creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be
denied the benefit of, or be subject to discrimination under any program or activity funded in whole
or part under this Contract.
Article 18 ADA Requirements
The SUBCONTRACTOR shall comply with all applicable requirements of the Americans with
Disabilities Act of 1990, 42 U.S.C. 12101 - 12213.
Article 19 Utilization of Small, Minority, and Women's Business Enterprises
The SUBCONTRACTOR agrees that qualified Historically Underutilized Businesses (HUB's) shall
have the maximum practicable opportunity to participate in the performance of this Agreement.
Article 20 Energy Efficiency Standards
The SUBCONTRACTOR shall follow standards and policies on energy efficiency, which are
contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy
and Conservation Act (P.L. 94 -163).
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Article 21 Acknowledgment of Financial Support
The SUBCONTRACTOR shall acknowledge the financial support of the TCEQ and COG whenever
work funded, in whole or part, by this Agreement is publicized or reported in news media or
publications. All reports and other documents completed as a part of this Agreement, other than
documents prepared exclusively for internal use within the COG, shall carry the following notation
on the front cover or title page:
OR
Example:
PREPARED IN COOPERATION WITH THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
The preparation of this report was financed through grants from the State of Texas through
the Texas Commission on Environmental Quality.
Article 22 Data and Publicity
All data and other information developed under this Agreement shall be furnished to the COG and
shall be public data and information, except to the extent that it is exempted from public access by
the Texas Open Records/Public Information Act, TEX. GOV'T CODE 552. Upon termination of
this Agreement, all copies of data and information shall be furnished, at no charge to the COG, upon
request, to include data bases prepared using funds provided under this Agreement, and become the
property of the COG. Except as otherwise provided by the Agreement or the Act, the
SUBCONTRACTOR shall not provide data generated or otherwise obtained in the performance of
its responsibilities under this Agreement to any party other that the COG, State of Texas, and its
authorized agents.
Article 23 Hazardous Substances, Waste Disposal, and Manifests
The SUBCONTRACTOR and their subcontractors and subgrantees must comply with all applicable
Laws and Regulations, including but not limited to those relating to hazardous substances, waste
disposal, and manifests.
Article 24 Statues Relating to Nondiscrimination
The SUBCONTRACTOR shall comply with all applicable state and federal statues relating to
nondiscrimination which include, but are not limited to, those listed in the Uniform Grant
Management Standards.
Article 25 Oral and Written Agreements
All oral or written agreements between the parties hereto relating to the subject matter of this
Contract which were developed and executed prior to the execution of this Contract have been
reduced to writing and are contained in this Agreement.
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Article 26 Safety and Protection
Where applicable, the SUBCONTRACTOR shall be responsible for requiring its subcontractor and
subgrantees to maintain and supervise all necessary safety precaution and programs in connection
with the work. The SUBCONTRACTOR shall take all necessary safety precautions.
Article 27 Force Majeure
To the extent that either party to this Agreement is wholly or partially prevented from the
performance within the term specified of any obligation or duty placed on such party by reason of or
through decrees of or restraints by a government instrumentality, acts of God (except that rain, wind,
flood or other natural phenomena normally expected for the locality shall not be construed as an act
of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war,
rebellion, and sabotage, in such event, the time for the performance of such obligation or duty shall
be suspended until the disability to perform is removed. Determination of force majeure shall rest
solely with the COG.
No time extension shall be granted under this Article unless the party seeking relief has notified the
other in writing within a reasonable time after commencement of the event, of the anticipated length
and cause of delay, the measures taken or to be taken to minimize the delay, and the timetable by
which the SUBCONTRACTOR intends to implement these measures. The party seeking relief shall
also give written notice of the ending of the event within a reasonable time after the event has ended.
Article 28 Entire Contract
This Agreement, including Attachments A, B, C, D, and E, represents the entire Contract between
the contracting parties and supersedes any and all prior contracts between the parties, whether written
or oral.
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Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Special Contract Provisions
Attachment 13
Article 1 Period of Performance
The period of performance of this agreement begins on September 1, 2008 and ends on August 31,
2009.
Article 2 Scope of Services
(a) All parties agree that the SUBCONTRACTOR, in consideration of compensation described in
this Attachment and SUBCONTRACTOR Budget and Authorizations (Attachment E of this
Agreement), shall provide the services with COG as specifically described in the Work Program of
SUBCONTRACTOR (Attachment C of this Agreement) and Schedule of Deliverables from
SUBCONTRACTOR (Attachment D of this Agreement).
(b) The SUBCONTRACTOR agrees to implement the Project according to the agreed upon budget
shown in Attachment E of this agreement.
Article 3 COG Obligations
(a) Measure of Liability
In consideration of full and satisfactory performance hereunder, COG will be liable to
SUBCONTRACTOR in an amount equal to the actual costs incurred by SUBCON TRACTOR in
rendering such performance, subject to the following limitations:
1. COG is not liable for expenditures made in violation of "General Provisions for Texas
Commission on Environmental Quality's Standards Applicable to Implementation Projects
and Supplemental Funding Standards ", as described in Articles 8 and 9 of this Agreement,
which outline prohibited activities as defined by the Texas Commission on Environmental
Quality (TCEQ).
2. COG is not liable for any costs incurred by SUBCONTRACTOR in the performance of
this agreement, which have not been billed to COG within thirty (30) days following
termination of this agreement.
3. COG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by
SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of
this agreement or after termination of this agreement.
4. Except as specifically authorized by COG in writing, COG is liable only for expenditures
made in compliance with the cost principles and administrative requirements set forth in
Federal OMB Circular A -87.
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5. All representations, indemnifications, warranties, and guarantees made in, required by or
given in accordance with the Agreement, as well as all continuing obligations indicated in the
Agreement, will survive final payment, completion of the work and termination or
completion of the Agreement.
(b) Method and Schedule of Payment
1. Payments: Payments to pass - through grant recipients may be made only on a
reimbursement basis. Upon review and approval of each financial report, COG will make
payment to SUBCONTRACTOR against COG liabilities to be accrued hereunder.
2. SUBCONTRACTOR may account for expenses incurred and request reimbursement of
outlays under either a cash or an accrual basis, as defined and authorized under the UGCMA.
To be eligible for reimbursement under this Agreement, a cost must have been incurred and
either paid by the SUBCONTRACTOR prior to claiming reimbursement from the COG or
incurred by the last day of the time period indicated on a request for reimbursement form and
liquidated no later than forty-five (45) days after the end of that time period.
3. Financial reporting: The COG shall provide financial status report forms and
supplemental forms to be submitted by SUBCONTRACTOR at least quarterly and/or with
each request for reimbursement to itemize expenditures by budget category. Allowable
expenditures are set forth in Articles 8 and 9 of this Agreement. The COG shall review all
materials provided by the SUBCONTRACTOR with a request for reimbursement, and shall
not make a reimbursement payment unless all required items have been provided and are
deemed to be accurate
4. In general, expenditure documentation to be maintained by the SUBCONTRACTOR (but
not necessarily submitted to the COG with each Financial Status Report) should be whatever
is necessary to show that the work was indeed performed and that the expense was, in fact,
incurred. In addition, the documentation should also support the fact that the expenditure
was reasonable and necessary to this Agreement.
5. Documents that should be maintained, as appropriate for the expense, include by category,
the records listed below.
a. SALARY/WAGES
b. TRAVEL
c. EQUIPMENT
d. SUPPLIES
Time sheets that have been signed and approved.
Documentation, which, at a minimum, is consistent
with State Travel Regulations. The purpose of the
travel should be documented and supported with
actual receipts for hotel accommodations, public
transportation receipts, airline receipts, etc.
Purchase orders, invoices, and canceled checks.
Purchase orders (if issued), invoices, receipts, and
canceled checks.
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e. SUBCONTRACTS
Copy of subcontract, plus documentation that all costs
incurred under the contract were reasonable and
necessary. The subcontractor shall be required to
maintain the documents for each category of expenses
listed in this Subsection.
f. CONSTRUCTION All applicable documentation required for Equipment,
Salary, Supplies and Subcontractors.
g. OTHER Purchase orders, invoices, receipts, and canceled
checks.
6. All expenditures under the equipment, construction, or subcontract budget categories
must be approved in advance by the COG. Further, for any "other" category expenses not
specifically spelled out in this interlocal contract, the contract shall require that the
SUBCONTRACTOR obtain prior written approval from COG for that expense.
7. Travel Expenses. Reimbursement of travel expenses for out -of -state travel, except where
such travel is specifically authorized in writing by the COG, is prohibited. Prior to
authorizing any out -of -state travel by a pass - through grant recipient, the COG must obtain
written approval from the TCEQ to provide such authorization.
8. If requested by the COG, the SUBCONTRACTOR agrees to provide to the COG the
additional expense records and documentation materials, as listed in Subsection 5 of this
Article, and appropriate for the expense, for the time period requested by the COG, except
that the SUBCONTRACTOR will not be asked to submit records that have already been
provided to the COG with a Financial Status Report. The COG will provide reasonable time
for the SUBCONTRACTOR to comply with a request for additional records. If the COG
requests to review additional records to be provided by the SUBCONTRACTOR under the
COG's financial monitoring program, the COG will review those records and provide the
SUBCONTRACTOR a written summary of the findings of that review. The COG will also
allow the SUBCONTRACTOR reasonable time to respond to any findings of noncompliance
or other problems identified by the records review.
9. The COG shall not reimburse or otherwise make payment to SUBCONTRACTOR for an
expenditure that is not authorized under this Agreement. If it is determined, by either the
COG or the TCEQ that an expenditure that was reimbursed is not an authorized expense, the
COG shall request return and reimbursement of those funds from the grant recipient or,
where appropriate, the application of those funds to other authorized expenses, and shall not
provide any additional reimbursements to the pass - through grant recipient until the funds are
returned or are applied to other authorized expenses.
10. The SUBCONTRACTORS contractual costs must comply with allowable costs
requirements. SUBCONTRACTORS which are governmental entities must engage in
contractor selection on a competitive basis in accordance with their established policies. If
SUBCONTRACTOR has no competitive procurement policy or is a private entity,
SUBCONTRACTOR must generally select contractors by evaluation and comparison of
price, quality of goods or services and past performance. All subgrants awarded by the
SUBCONTRACTOR under this Agreement shall be in accordance with Subpart C, Sec._.37,
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Subsection (b) of the State Uniform Administrative Requirements for Grants and
Cooperative Agreements as set forth in Part III of the Uniform Grant Management Standards
adopted by the Governor's Office of Budget and Planning.
(c) SUBCONTRACTOR Close Out Report
No later than thirty (30) days following the termination of this agreement, SUBCONTRACTOR
must submit a COG Contract Close Out Report according to written instructions from COG.
Article 4 Reporting Requirements
(a) The SUBCONTRACTOR shall prepare and submit to the COG, a quarterly written progress
report concerning performance under this Contract. Such progress reports shall document
accomplishments and units of work performed under Attachment D of this agreement including
program results. All progress reports shall be submitted within 7 days after the end of each
quarterly period so that COG may submit a consolidated report to TCEQ within 20 days. A final
progress report shall be provided prior to the final request for payment under this Contract, but, in no
case later than 30 days after the end of the Contract period. Payments (reimbursements) required
under this contract may be withheld by the COG until such time as any past due progress reports are
received.
(b) The SUBCONTRACTOR quarterly progress reports required under Section (a) of this Article
contain descriptions of activities and costs for the COG to ensure that the provisions of this Contract
are being complied with. The SUBCONTRACTOR shall comply with any reasonable request by the
COG for additional information on activities conducted in order for the COG to adequately monitor
the SUB CONTRACTOR's progress in completing the requirements of and adhering to the provisions
of this Contract. The SUBCONTRACTOR shall certify in writing to the COG, through a final
progress report, the satisfactory completion of all activities and deliverables required under the pass -
through grant agreement.
(c) The SUBCON 1 RACTOR shall provide the COG with follow -up results information on a
schedule established by the COG, to include a report or reports sufficient to allow the COG to
provide the TCEQ a report in October 2009 on the continued results of the project funded under this
Agreement. In addition, the SUBCONTRACTOR shall continue to document, as appropriate to the
type of project, the results of the project activities for the life of the program or activity.
(d) The SUBCONTRACTOR's failure to comply with the requirements of this Article
constitutes a breach of this Contract.
Article 5 Monitoring Requirements
(a) COG may periodically monitor SUBCONTRACTOR for:
1. The degree of compliance with the terms of this Contract, including compliance with
applicable rules, regulations, and promulgations referenced herein; and
2. The administrative and operational effectiveness of the project.
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(b) COG shall conduct periodic analysis of SUBCONTRACTOR'S performance under this Contract
for the purpose of assessing the degree to which contractual objectives and performance standards, as
identified in this Contract or as subsequently amended, are achieved by SUBCONTRACTOR.
Article 6 Title to and Management of Real Property and Equipment
Subject to the obligations and conditions set forth in this Agreement, title to real property and
equipment (together hereafter referred to in this Article as property) acquired from funds provided
under this Agreement by the SUBCONTRACTOR shall vest upon acquisition or construction in the
SUBCONTRACTOR. All parties agree that upon full performance of this Contract, title shall
remain with the SUBCONTRACTOR, provided however, that if this Contract is terminated, due to
substantial failure by the SUBCONTRACTOR to fulfill its obligations under this Contract, title and
physical possession of all equipment and constructed fixtures shall, upon written notification from
COG, be transferred in good condition and within five (5) working days to COG.
(a) Subject to the provisions of this Agreement and as otherwise provided by state statutes, property
acquired or replace under this Agreement shall be used for the duration of its normally expected
useful life to support the purposes of this Agreement whether or not the original projects or programs
continue to be supported by COG funds.
(b) The SUBCONTRACTOR shall not grant or allow to a third party a security interest in any
original or replacement property purchased or constructed with funds made available to the
SUBCONTRACTOR under this Agreement.
(c) The use of property acquired under this Agreement, both during the term of this Agreement and
for the useful life of the property, shall be in accordance with Section 361.014(b) of the TEX.
HEALTH & SAFETY CODE, which directs that a project or service funded under this program must
promote cooperation between public and private entities and may not be otherwise readily available
or create a competitive advantage over a private industry that provides recycling or solid waste
services.
(d) The SUBCONTRACTOR may develop and use their own property management systems, which
must conform with all applicable federal, state, and local laws, rules and regulations. If an adequate
system for accounting is not in place or is not used properly, the Property Accounting System
Manual issued by the State Comptroller of Public Accounts will be used as a guide for establishing
such a system. The property management system used by the SUBCONTRACTOR must meet the
requirements set forth in this Section.
(I) Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of the property, who holds title, the
acquisition date, and the cost of the property, percentage of state participation in the cost of
the property, the location, use and condition of the property, and any ultimate disposition data
including the date of disposal and sale price of the property.
(II) A physical inventory of all equipment acquired or replaced under this Agreement shall be
conducted no less frequently than once every two years and the results of such inventories
reconciled with the appropriate property records. Property control procedures utilized by the
SUBCONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft of
the acquired property. Any loss, damage, or theft shall be investigated. The
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SUBCONTRACTOR shall develop and carry out a program of property maintenance as
necessary to keep both originally acquired and any replaced property in good condition, and
to utilize proper sales procedures to ensure the highest possible return, in the event such
property is sold.
(III) Certain types of equipment are classified as controlled assets and are subject to annual
revision. In accordance with the UGMS, the SUBCONTRACTOR should contact the Texas
Comptroller of Public Accounts property accounting staff or review the Comptrollers State
Property Accounting User Manual available on the Internet, for the most current listing.
Firearms shall be maintained on the SUBCONTRACTORS inventory system irrespective of
cost, and the following equipment with costs between $500 and $1,000 shall be maintained
on the inventory system: (1) stereo systems, (2) still and video cameras, (3) facsimile
machines, (4) VCRs and VCR/TV combinations and (5) cellular and portable telephones.
(e) The SUBCONTRACTOR may for the purpose of replacing property acquired under this
Agreement, either trade in or sell the property and use the proceeds of such trade -in or sale to offset
the cost of acquiring needed replacement property.
(f) The SUBCONTRACTOR agrees that if a determination is made that any property acquired with
funds provided under this Agreement with a current per -unit fair market value of $1,000 or more is
no longer needed for the originally authorized purpose, the COG has the right to require disposition
of the property by the SUBCONTRACTOR in accordance with the provisions of this Article.
(g) When, during the useful life of property acquired with grant funds under this Agreement by the
SUBCONTRACTOR and with current per -unit fair market value of $1,000 or more, the property is
no longer needed for the originally authorized purpose, the SUBCONTRACTOR agrees to request
disposition instruction form the COG or, if the COG is no longer administering a Regional Solid
Waste Grants Program, the TCEQ. Disposition instructions shall solicit, at a minimum, information
on the source and amount of funds used in acquiring the property, the date acquired, the fair market
value and how the value was determined (e.g., by appraisal, bids, etc.), and the proposed use of the
proceeds. The assessment of whether to authorize the proposed disposition of the property must
include a determination that disposition will comply with the private industry provisions. of
361.014(b) of the TEXAS HEALTH & SAFETY CODE ANN. In cases where the
SUBCONTRACTOR fails to take appropriate disposition actions, the COG may direct the
SUBCONTRACTOR to take excess and disposition actions. The dispositions may provide for one
of the alternatives as set forth in this Section.
(I) Retain title, sell, or otherwise disposed of with no obligation to compensate the COG.
(II) Retain title after compensating the COG. If the COG is compensated by the
SUBCONTRACTOR for property acquired using funds provided under this Agreement, the
COG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those
funds for other projects or activities that support this or similar future programs conducted by
the COG. The amount due will be computed by applying the percentage of state - funded
participation in the cost of the original purchase to the fair market value of the property.
(III) Sell the property and compensate COG. If the COG is compensated by the
SUBCONTRACTOR for property acquired using funds provided under this Agreement, the
COG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those
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funds for other projects or activities that support this or similar future programs conducted by
the COG. The amount due will be calculated by applying the COGs percentage of
participation in the cost of the original purchase to the proceeds of the sale after deduction of
any actual and reasonable selling and fixing -up expenses. If the grant is still active the net
proceeds from sale may be offset against the original cost of the property. When the
SUBCONTRACTOR is directed to sell the property, sales procedures shall be followed that
provide for competition to the extent practicable and result in the highest possible return.
(IV) Transfer title to the COG or to a third -party designated/approved by the COG. If the
SUBCONTRACTOR participated financially in the original purchase, the
SUBCONTRACTOR may be authorized payment from the receiving party of an amount
calculated by applying the percentage of the participation in the original purchase of the
property to the current fair market of the property.
(h) Items of property with a current per -unit fair market of less than $1,000 may be retained, sold or
otherwise disposed of by the SUBCONTRACTOR with no further obligation to the COG. Methods
used to determine per -unit fair market value must be documented, kept on file and made available to
the COG upon request.
(i) The COG shall include provisions in its Interlocal Agreements to implement and enforce the
provisions of this Article.
Article 7 Compliance with Applicable Laws
The SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules,
regulations and order of any public authority bearing on the performance of this contract, including,
but not limited to, the laws referred to in this Contract. If the SUBCONTRACTOR or COG
observes that this Contract is at variance therewith in any respect, the observing party shall promptly
notify the other party in writing, and any necessary changes shall be adjusted by appropriate Contract
modification. On request, the SUBCONTRACTOR shall furnish COG modification. If the
SUBCONTRACTOR performs any work knowing or having reason to know that it is contrary to
Laws or Regulations, the SUBCONTRACTOR shall bear all claims, costs, losses and damages
caused by arising out of or resulting therefor.
Article 8 Types and Standards of Solid Waste Implementation Projects
Local Enforcement
8.1. Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas Government
Code, unless: (a) the law enforcement agency is in compliance with all rules developed by the Commission on
Law Enforcement Standards and Education pursuant to Chapter 415, Texas Government Code; or (b) the
Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in
the process of achieving compliance with such rules.
8.2 When funding is to be provided for salaries of local enforcement officers, the funds recipient must certify
that at least one of the officers has attended or will attend within the term of the funding the TCEQ's Criminal
Environmental Law Enforcement Training or equivalent training.
8.3 Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided
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under this Agreementmay only be used for activitiesto enforce laws and regulations pertaining to littering and
illegal dumping, and may not be used for other code enforcement or law enforcement activities. Vehicles and
equipment that are only partially funded must be dedicated for use in local enforcement activities for a
percentage of time equal to the proportion of the purchase expense funded.
8.4 Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for
use by an enforcement offcer, must investigate major illegaldumping problems, on both public and private
property, in addition to investigating general litter problems on public property.
8.5 Entities receiv ing funds to conduct a local enforcement program must cooperate with the TCEQ's regional
investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the
TCEQ staff may constitute a reason to withhold future funding to that entity for Local enforcement activities.
8.6 Funds may not be used for investigation and enforcement activities related to the illegal dumping of
industrial and/or hazardous waste. Instances where industrial or hazardous waste is discovered at a site do not
preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement
activities are on the illegal dumping of municipal solid waste.
Litter and Illegal Dumping Cleanup
8.7 Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff and/or the
Keep Texas Beautiful organization, which is contracted by the TCEQ to administethe Lake and River
Cleanup program.
8.8 Projects funded to clean up litter or illegal dumping on private property must be conducted through a local
government sponsor or the PERFORMING PARTY. Funds may not be provided directly to a private
landowner or other private responsible party for cleanup expenses. The local government sponsor or the
PERFORMING PARTY must either contract for and oversee the cleanup work, or conduct the work with
its own employees and equipment.
8.9 The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be funded
from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate
threats to human health or the environment.
8.10 The costs for cleanup of Class 1 nonhazardous industrial waste that may be found at a municipal solid
waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ
to deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3
nonhazardous industrial waste that may be found at a municipal solid waste site may be funded in
conjunction with the cleanup of the municipal solid waste found at site.
8.11 All notification, assessment, and cleanup requirements pertaining to the release of wastes or other
chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAC
Chapter 330, TCEQ's MSW Rules, and 30 TAC Chapter 350, TCEQ's Risk Reduction Rules, must be
complied with as part of any activities funded under this Agreement.
8.12 All materials cleaned up using funds provided under this Agreement must be properly disposed of or
otherwise properly managed in accordance with all applicable laws and regulations. To the extent
feasible, it is recommended that materials removed from a site be reused or recycled. For projects to clean
up large amounts of materials, the PERFORMING PARTY should consider withholding at least ten
(10 %) percent of the reimbursements under a subgrant or subcontract, until documentation is provided that
the cleanup work has been completed and the materials properly managed.
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Source Reduction and Recycling
8.13 Any program or project funded under this Agreementwith the intent of demonstrating the use of products
made from recycled and/or reused materials shall have as its primary purpose the education and training of
residents, governmental officials, private entities, and others to encourage a market for using these
materials.
Local Solid Waste Management Plans
8.14 All local solid waste management plans funded under this Agreement must be consistent with the
PERFORMING PARTY's regional solid waste management plan, and prepared in accordance with 30
TAC Subchapter 0, Chapter 330, TCEQ Rules, and the Content and Format Guidelines provided by the
TCEQ.
8.15 In selecting a local solid waste managementplan project for funding, the PERFORMING PARTY shall
ensure that at least one year is available fotthe completion and adoption of the local plan.
8.16 Local solid waste managementplans may not be considered for funding by the PERFORMING PARTY
until the PERFORMING PARTY's regional solid waste management plan has been amended.
Citizens' Collection Stations "Small" Registered Transfer Stations and Community Collection Events
8.17 The design and construction of citizens' collection stations, as those facilities are defined under 30 TAC
Chapter 330, TCEQ Rules, may be funded. The costs associated with operating a citizens' collection
station once it is completed may not be funded.
8.18 The design and construction of small municipal solid waste and liquid waste transfer stations that qualify
for registration under §330.4(d) or §330.4(r), TCEQ Rules, may be funded. Other permitted or registered
transfer stations may not be funded. A municipal solid waste transfer facility may be eligible for a
registration if it serves a municipality with a population of less than 50,000, or a county with a population
of less than 85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid
waste transfer station may qualify for a registration if it will receive less than 32,000 gallons or less per
day. The costs associated with operating atransfer station once it is completed may not be funded.
8.19 Periodic community collection events, to provide for collection and proper disposal of non - recyclable
residential waste materials for which there is not a readily - available collection alternative, may be funded.
This type of project may not include regular solid waste collection activities, such as weekly waste
collection. Funded collection events may be held no more frequently than four times per year, and must
only be intended to provide residents an opportunity to dispose of hard-to-collect materials, such as large
and bulky items that are not picked up under the regular collection system, and might otherwise be
illegally dumped by residents.
Household Hazardous Waste Management
8.20 All household hazardous waste collection, recycling, and/or disposal activities must be coordinated with
the TCEQ's HHW program staff, and all applicable laws, regulations, guidelines, and reporting
requirements must be followed.
8.21 All Texas Country Cleanup events must be coordinated with the TCEQ's Texas Country Cleanup
program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be
followed.
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Technical Studies
8.22 All technical studies funded under this Agreement must be consistent with the PERFORMING PARTY's
regional solid waste management plan, and prepared in accordance with Guidelines provided by the
TCEQ.
Educational and Training Projects
8.23 Educational and training programs and projects funded under this Agreement must be primarily related to
the managementof municipal solid waste, and funds applied to a broader education program may only be
used for those portions of the program pertaining to municipal solid waste.
Other Types of Projects
8.24 If the TCEQ authorizes the PERFORMING PARTY to fund additional types of projects, under the
process set forth in Section 8.2'.9., Program Conditions, of this Agreement, the authorization incorporated
into this Agreement may include additional standards and restrictionsthat shall apply to use of funds for
that project or type of project.
Article 9 Supplemental Funding Standards
General Standards
9.1. The provisions of the Uniform Grant Management Standards (UGMS) issued by the Office of the
Govemor apply to the use of these funds, as well as the supplement financial administration guidance
established by the TCEQ to be applied under all contracts,TCEQ Allowable Expenditure Guidelines
9.2. Recipients of funds under this Agreement, including the PERFORMING PARTY, subgrant recipients,
and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of
state funds, including laws concerning the procurement of goods and services and competitive purchasing
requirements.
9.3. Funds may not be provided through a subgrant or subcontract to any public or private entity that is barred
from participating in state contracts by the Texas General Services Commission, under the provisions of
§2155.077, Government Code, and 1 TAC § 113.02, GSC Regulatims.
9.4. Public and private entities subject to payment of state solid waste disposal fees and whose payments are in
arrears may not receive funds under this agreement through either a subgrant or subcontract.
9.5. In accordance with §361.014(b), Texas Health and Safety Code, and 30 TAC §330.569(d), TCEQ Rules,
a project or service funded under this Agreement must promote cooperation between public and private entities
and may not be otherwise readily available or create a competitive advantage over a private industry that
provides recycling or solid waste services. Under this definition, the term private industry included non - profit
and not- for - profit non- governmental entities.
9.6. All equipment and facilities purchased or constructed with funds provided under this Agreement shall be
used for the purposes intended in the funding agreement.
9.7. A project or service funded under this Agreementmust be consistent with the PERFORMING PARTY's
approved regional solid waste management plan, and must be intended to implement the goals, objectives, and
priorities established in the regional plan.
Coastal Bendc,.Bcil of Governments
B -10
9.8. Funds may not be used to acquire land or an interest in land.
9.9. Funds may not be used to supplant existing funds. In particular, staff positions where the assigned
functions will remain the same and that were active at the time of the funding application or proposal, and were
funded from a source other that a previous solid waste grant, may not be funded.
9.10. Funds may not be used for food or entertainment expenses, include refreshments at meetings and other
functions. This provision does not apply to authorized employee per diem expenses for food costs incurred
while on travel status.
9.11. Funds may not be used for payment of salaries to any employee who uses alcoholic beverages on active
duty. Funds may not beused for the purchase of alcoholic beverages, including travel expenses reimbursed
with these funds.
9.12. Funds may not be used for employmentor otherwise contracts for services of a lobbyist or for dues to an
organization which employs or otherwise contracts for the services of a lobbyist.
9.13. Funds may only be used for projects or programs for managing municipal solid waste.
9.14. Except as may be specificallyauthorized in this Article or elsewhere in this Agreement, funds may not
be used for projects or facilities that require a permit from the TCEQ and/or that are located within the
boundaries of a permitted facility, including landfills, wastewater treatment plants, or other facilities. This
restriction may be waived by the TCEQ, at its discretion, for recycling and other eligible activities that will take
place within the boundaries of a permitted facility. The applicant and/or the PERFORMING PARTY must
request a preliminary determination from the TCEQ as to the eligibility of the project prior to the project being
considered for funding by the PERFORMING PARTY.
9.15. Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for
funding, must have received the registration before the project funding is awarded.
9.16. Except as may be specificallyauthorized in this Article or elsewhere in this Agreement, funds may not
be used for activities related to the collection or disposal of municipal solid waste. This restriction includes:
solid waste collection and transportation to a disposal facility, waste combustion (incineration or waste -to-
energy); processing for reducingthe volume of solid waste which is to be disposed of; landfills and landfill -
related facilities, equipment, or activities, including closure and post - closure care ofa permitted landfill unit; or
other activities and facilities associated with the disposal of municipal solid waste.
9.17. Funds may not be used to assist an entity or individual to comply within existing or pending federal,
state, or local judgement or enforcementaction. This restriction includes assistance to an entity to comply with
an order to clean up and/or remediate problems at an illegal dump site. However, the TCEQ may waive this
restrictions, at its discretion and on a limited case -by -case basis, to address immediate threats to human health
or the environment, and where it is demonstrated that the responsible party does not have the resources to
comply with the order.
9.18. Funds may not be used to pay penalties imposed on an entity for violation of federal, state, or local laws
and regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP)
under a federal or state order or penalty. Funds may be used in conjunction with SEP funds to support the
same project.
Article 10 Funds in the MSWDTRF
(a) It is the understanding of the parties that the source of the funds provided by the COG is the
Municipal Solid Waste Disposal and Transportation Revenue Fee (MSWDTRF). Due to demands
Coastal Bend C94$eI -®f Governments
B-11
upon that source for funds necessary to protect the health and safety of the public, it is possible that
the funds contained in the MSWDTRF will be depleted prior to completion of this Agreement. The
parties agree that all funding arranged under this Agreement is subject to sufficient funds in the
MSWDTRF. The SUBCONTRACTOR shall place this notice in all subgrants and subcontracts.
Article 11 Conflict of Interest
The SUBCONTRACTOR shall notify the COG immediately upon discovery of any potential or
actual conflict of interest. The SUBCONTRACTOR agrees that the COG and/or the TCEQ have
sole discretion to determine whether a conflict exists and that the COG and/or the TCEQ may
terminate the Agreement at any time, on the grounds of actual or apparent conflict of interest.
a. Notice of Conflict of Interest: The SUBCONTRACTOR shall notify the COG in writing
or any actual, apparent, or potential conflict of interest regarding any individual performing
or having access to information regarding the work. As applicable, the notification shall
include both organizational conflicts or interest and personal conflicts of interest. Any
individual with a personal conflict of interest shall be disqualified from taking part in any
way in the performance of any work that created the conflict of interest.
Article 12 Authorized Representatives
(a) The COG hereby designates the person in Exhibit B -1, Project Representative, as the individual
authorized to give direction to the SUBCONTRACTOR for the purposes of this Contract. The COG
Project Representative shall not be deemed to have authority to bind the COG in contract unless the
Executive Director of the COG has delegated such authority.
(b) Immediately upon receiving the Purchase Order or Notice of Award, the SUBCONTRACTOR
shall identify, as its Project Representative, the person authorized to receive direction from the COG,
to manage the work being performed, and to act on behalf on the SUBCONTRACTOR. The
SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the
SUBCONTRACTOR in contract unless the SUBCONTRACTOR, in writing, specifically limits or
denies such authority to the SUBCONTRACTORS Project Representative.
(c) Either party may change its Project Representative. In addition, the Project Representative of
either party may further delegate his or her authority as necessary, including any delegation of
authority to a new Project Representative. The party making the change in Project Representative
shall provide written notice of the change to the other party.
(d) The SUBCONTRACTOR shall ensure that it' s Project Representative, or his or her delegate, is
available at all times for consultation with the COG.
Coastal Bend cols, of Governments
B -12
Exhibit B
The COG designates the individual named below as the Project Representative for COG:
Name: Theresa Finch, Environmental Coordinator
Address: Coastal Bend Council of Governments
P.O. Box 9909
Corpus Christi, TX 78469
TEL: (361) 883 -5743 FAX: (361) 883 -5749
The SUBCONTRACTOR designates the individual named below as the
SUBCONTRACTOR's Project Representative. The SUBCONTRACTOR's Project
Representative is the person authorized to receive direction from the COG, to manage the
work being performed, and to act on behalf of the SUBCONTRACTOR:
Name: Paul Bass
Address: P.O. Box 9277
Corpus Christi, Texas 78469
TEL: 361 - 826 -1968 FAX: 361- 826 -1971
Coastal BendCtitO41-cf Governments
Exhibit B
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Work Program of SUBCONTRACTOR
Exhibit C
Goal:
Goal 2: Reduce the amount of municipal solid waste generated and disposed of in the Coastal Bend
Region.
2.1 Education and Training — Continue to use outreach and education programs to support program
initiatives and to facilitate long-term changes in attitudes about source reduction and recycling.
Objective 1: Education and Outreach Materials
Task la: Purchase education and outreach materials
Objective 2: Report the progress of the work program task and measure of program effectiveness.
Task 2a: Turn in Summary Reports (Form PT -S 1) to identify progress of the project in three -month intervals.
Time Frame: Summary Report due December 15, 2008 (to report on September, October, November), April 15,
2009 (to report on January, February, March) and August 15, 2009 (to report on May, June, July).
Task 2b: Turn in Results Reports (Form PT -R1) to identify specific results being accomplished by the
implementation of your project.
Time Frame: Results Report due December 15, 2008 (to report on September, October, November), April 15,
2009 (to report 011 January, February, March) and August 15, 2009 (to report on May, June, July).
Task 2c: Turn in Financial Status/Reimbursement Requests (Form PT -F1, PT -F2, and supplemental
documentation as identifies in the Special Contract Provisions (Attachment B) section, Article 3(b) 5, located on
page B -2.
Time Frame: Financial Status Report/ReimbursementRequests due January 15, 2009 (to report on September,
October, November, December) and September 15, 2009 (to report on April, May, June, July, August).
Coastal Bend- gc$i»i1.of Govemments
Exhibit C
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Schedule of Deliverables from SUBCONTRACTOR
Exhibit D
Task
Task 1: Purchase Educational Materials
Task 2a: Summary Report
Time Frame
08/31/2009
December 15, 2008,
April 15, 2009, and
August 15, 2009
Deliverable
Submit documentation of
materials purchased
PT -S Forms
Task 2b: Results Report
December 15, 2008,
April 15, 2009, and
August 15, 2009
PT -R Forms
Task2c: Financial Status Report/ReimbursementRequest
January 15, 2009 and
September 15, 2009
PT -F1, PT -F2, and
supplemental documentation
Coastal Bend Ccf.Olaf Governments
Exhibit D
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Subcontractor Budget and Authorizations
Exhibit E
Description
Cost
Supplies - Educational Materials
$ 31,000.00
TOTAL
$ 31,000.00
Coastal Benctepst4iLof Governments
Exhibit E
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM:
A motion authorizing the City Manager or his designee to execute a System Support Agreement
with Mettler - Toledo, Inc., of Columbus, Ohio, fora term of five years, commencing September 19,
2008 and ending September 18, 2013, and total cost of $86,187.60, with the option to extend for up
to one additional five year term. The fee for the first year of the agreement is $16,561.67. The
system support agreement covers hardware and software associated with the scale systems at the
Cefe Valenzuela Landfill, and software for the J.C. Elliott Landfill Transfer Station and Central
Management Reporting System.
ISSUE: The Solid Waste Services Department landfill and transfer station scale functions are
dependent upon computer hardware and software to accurately record disposal activity and
corresponding fees for refuse disposal customers. Entering into a System Support Agreement with
Mettler - Toledo, Inc. provides assurance that maintenance and upgrades of the proprietary hardware
and software are provided at the lowest cost, and that system technicians will promptly respond to
the City's requests for service The warranty period for the affected hardware and software expired
on September 18, 2008. Funding for this agreement is budgeted in the Solid Waste Services
Department fiscal year 2008 -09 operating budget.
REQUIRED COUNCIL ACTION: Approval of motion as submitted.
PREVIOUS COUNCIL ACTION: Previous maintenance agreements for the J.C. Elliott Landfill
scale system fell below cost threshold requiring City Council action.
CONCLUSION AND RECOMMENDATION: Approval of motion as submitted.
—107—
Lawrence Mikolajczy ,
Interim Director of Solid Waste Services
BACKGROUND INFORMATION
The City's refuse disposal operations generate significant revenue, and thus require assurance that
weights for solid waste received and corresponding landfill fees are accurately assessed and
recorded. The Cefe F. Valenzuela Landfill scale computer hardware and software systems are
designed, installed, and maintained by Mettler - Toledo, Inc. Mettler - Toledo, Inc. software is also
used to operate the J.C. Elliott Transfer Station scale computer system. The product warranty for
the Cefe F. Valenzuela Landfill scale hardware and software system expired on September 18,
2008.
The Cefe F. Valenzuela Landfill utilizes the Mettler - Toledo, Inc. Autoscale unattended scale system,
a system that allows commercial waste haulers the ability to expeditiously weigh in and out, thereby
saving time and money. The costs for private haulers, and for the City, to travel to and from the
Cefe F. Valenzuela Landfill location are at least partially offset by the time savings provided by this
state of the art scale system.
The J.C. Elliott Landfill Transfer Station operates with the Autoscale attended module. This system
does not include the customer card reader, keypad, and credit card functions of the unattended
system, but otherwise provides the same transaction tracking functions as the Cefe F. Valenzuela
Landfill system.
Authorizing the System Support Agreement with Mettler - Toledo, Inc. for a term of five years, with
option to renew for another five -year term, ensures that the landfill and transfer station scale
operations, as well as the Central Management Reporting System (CMRS), will be properly
upgraded and maintained for the lowest cost.
-108-
12
AGENDA MEMORANDUM
DATE: October 21, 2008
SUBJECT: Application to Drill State Tract 71 Well No. 1.
AGENDA ITEM: Motion authorizing the City Manager or his designee to grant a
permit to Sabco Operating Company of Houston, Texas, to drill an oil or gas well
being State Tract 71 Well No. 1 approximately three miles east of the Corpus
Christi Marina in Corpus Christi Bay.
ISSUE: An application has been submitted on behalf of Sabco Operating
Company for permit to drill State Tract 71 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 showing that the exception is necessary to
prevent confiscation of property.
REQUIRED COUNCIL ACTION: The City Code of Ordinances, 35 -56, requires
City Council approval of drilling permit applications for exceptional well locations
in Corpus Christi Bay.
RECOMMENDATION: Approval of the motion as presented.
.kiwis
Deborah A. arroqu , P.E.
Director of Gas Services
Additional Support Material
1. Exhibit A — Background Information
2. Exhibit B — Site Map
3. Exhibit C — Letter of Request
3. Exhibit D — Permit Application
—111—
BACKGROUND INFORMATION
Prior Council Action: On April 22, 2008 City Council granted a permit to Sabco Operating
Company of Houston, Texas, to drill two oil or gas wells outside the established cluster area being
State Tract 55 Well No. 8 approximately four miles east of the Corpus Christi Marina in Corpus
Christi Bay and State Tract 65 Well No. 1 approximately two miles north of Texas A & M Corpus
Christi in Corpus Christi Bay. Both wells were completed successfully.
On January 15, 2008 City Council granted a permit to Cabot Oil and Gas Corporation to drill an oil
or gas well at a location outside the established cluster area in Corpus Christi Bay, State Tract
88/89 Well No. 1. The well was completed successfully.
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. The well was completed successfully.
On May 16, 2006 City Council granted three permits to Sabco Operating Company to drill oil or gas
wells at an exceptional location in Corpus Christi Bay, State Tract 55 Well No. 5 and State Tract 52
Well Nos. 8 and 9. State Tract 55 Well No. 5 was drilled successfully. State Tract 52 Wells 8 and 9
were never drilled and the permits have expired.
On February 28, 2006, the City Council granted a permit to Sabco Operating Company to drill an oil
or gas well at an exceptional location in Corpus Christi Bay, State Tract 49 Well No. 6. The well was
drilled successfully.
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 designated the single cluster area for that State
Tract. Unless protested, permits to drill from regular locations do not require council approval.
Exceptional well locations are sites outside of the southwesterly comer, or "cluster area ", that allow
wells to be drilled as straight or directional boreholes for the purpose of obtaining the only access to
the geologic target. Section 35 -56 allows the City Council to grant permits for exceptional locations
if it is affirmatively established by 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. Council may grant these exceptional permits when it is necessary to
prevent confiscation of property.
"Confiscation of property ", as used in Sec. 35 -56 of the Code, is deemed to occur only where "it is
affirmatively established by 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."
—112—
EXHIBIT "A" Sheet 1 of 2
Sabco Operating Company of Houston, Texas, has submitted an application to drill an oil or gas
well being State Tract 71 Well No. 1 approximately three miles southeast of the Corpus Christi
Marina in Corpus Christi Bay. (See Exhibit "B" Sheet 1 of 4)
The proposed exceptional location for State Tract 71 No. 1 is approximately 2140 feet from the
nearest established cluster area and the proposed total depth of the well is 9500 feet. Sabco
Operating Company is requesting the exceptional location to drill the well in order to reach the
targeted reservoir by carefully selecting a directional path perpendicular to the existing fault line.
The proposed surface location has been selected in State Tract 71 so proper rendezvous is made
with the targets with minimum risk of failure. (See Exhibit "B" Sh. 2 of 4)
Sabco contends it would be risky to drill the well if not allowed to drill at the requested location. A
directional drill from the established cluster area would require either a very sharp angle or a very
long distance to reach the proposed target. It would be impossible to control. The success of the
well is also dictated by the complex fault structure in the area. (See Exhibit B Sheet 3 of 4)
The applicant has affirmatively established that not being allowed to drill the well outside the
established cluster area will result in a confiscation of property. Sabco Operating Company has
paid the applicable permit fee and posted the required bond and insurance certificate.
The Oil and Gas Advisory Committee held a public hearing on October 1, 2008 to consider the
application from Sabco Operating Company to drill at an exceptional location in Corpus Christi
Marine Recreation Area of State Tract 71. The committee voted to recommend approval of the
permit by the City Council.
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 $700 and will pay ad valorem tax in year one of approximately
$75,000 on the equipment and anticipated oil and gas reserves. Ad valorem tax will decrease from
year to year as the oil and gas reserves are extracted over the productive life of the well. 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 71 Well No. 1 at an
exceptional location be approved based on the fact that it is affirmatively established by 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.
—113—
EXHIBIT "A" Mast 2 of 2
RECEIVED
Stf',ti 3,2008
BY: ,'
N
co
J
E
StI
0
0
T
englneering-dtving- surveying
SABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77056 -3023
APPNOVID HY:
PROPOSED WELLS ST 71 WELL NO. 1 D`TE` AUCUST 2008
VICINITY MAP JOB NO. 661_08103
CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS SHIES N0. 1 OF 4
820 8ullalrstl CIrpgnvisti. Tea 78401 pf<ne: 351.887.8851 lax 341.8878855 emm8: neon -irccom mne -ic,com
AEF
Inc E girmng- Ovig- Svvyig P.08m 2927, Corpus Christi. Tens 78403
EXHIBIT B SHEET 1 OF 4
ST 71 WELL NO. 1
^ \
REQUESTED / /\ \
SURFACE LOCATION \
ST
NO. 1 / \ \. /
Y = 765,583 / X
/ X / \
4\ / C /
/ / /
/ ; /ESTABLISHED
/
/ CLUSTER AREA
/ PROPOSED
1 X BOTTOM HOLE
90 / / ;
LOCATION 47 8455
I /
• /
\
/ /� /
/ \_.�/
/
RECEIVED
CEP 0 3 2006
BY:
GRAPHIC SCALE: 1' =1000'
0
1000'
2000' 3000'
PROPSPECT OUTLINE
LEGEND
CLUSTER AREA
STATE TRACT LINE
NOTES:
1. COORDINATES ARE BASED ON GPS
DATA WITH AN ACCURACY OF ± ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM OF
1927, TEXAS SOUTH ZONE.
3. ALL SURVEY LINES ARE APPROXIMATE.
rye
er4neeAngdNNO.aurve Ing
SABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77056 -3050
SCAIE:
INN SY:
1' =1000'
0*
APPROVtD B(:
PROPOSED PLAT OF STATE TRACT 71 WELL NO. 1
SURFACE LOCATION
CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS
RA; Inc. Errear.7Nig- 814V48447 .eb[ 71127, 0814.44 Cali. Ma 78403 820 Be oatIC8**841. T.s 78401
MTh
AUGUST 2008
AEF
JOB N0.
881 -08103
sMW No.
20F4
raw 381817ffi51 fax 38187438E6 rrst nallroriccom mrw -isms
EXHIBIT B SHEET 2 OF 4
0
ST 71 WELL NO. 1
AND ALTERNATE SURFACE LOCATION NO. 1
\/ •
/ \
/
/
/
/
/
ESTABUSHED
CLUSTER AREA
/
REQUESTED
SURFACE LOCATION
ST 71 WELL NO. 1
X = 2,372,350
Y = 765,583
.........................................
4954
ALTERNATE SURFACE
\ LOCATION AND DIRECTIONAL
DRILL PATH NO. 2
GRAPHIC SCALE: 1' =1200'
/
s
1200'
2400' 3600'
RECEIVED
SEP 0 3 2008
BY:
ALTERNATE SURFACE /
LOCATION AND DIRECTIONAL
DRILL PATH NO. 1 /
2140'4•-
/ ESTABLISHED
CLUSTER AREA
PROPOSED
BOTTOM HOLE
LOCATION
/ X = 2,372,755
Y = 765,584
LEGEND
\4
CLUSTER AREA
STATE TRACT UNE
NOTES:
1. COORDINATES ARE BASED ON GPS
DATA WITH AN ACCURACY OF ± ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM OF
1927, TEXAS SOUTH ZONE.
3. ALL SURVEY LINES ARE APPROXIMATE.
engineering-diving-surveying
SABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77056 -3050
Cfu F:
DRAWN BY
APPROVED BY:
1' =1200'
DW
PROPOSED PLAT OF STATE TRACT 71 WELL NO. 1
SURFACE LOCATION
CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS
E+Nteeho'0^'69-510aMe P.0.8m 2827, Corpus CA1u9, Tea 78103
65TL
JOB NO.
AEF
AUGUST 2008
681 -08103
SHEET NO. 3 OF 4
820 B&NOIaSg (Attar* Teas 7810) *me 361.887.8891 for 361.887.9855 emm,T: rn ,vetia.wm �ne-im.ra
EXHIBIT B SHEET 3 OF 4
/RECEIVED
3EP u 8 2008
ST 71 WELL NO. 1
PROPOSED PRODUCTION PIPELINE ROUTE
EXISTING
PLATFORM #62
X= 2,377,173
Y= 769,480
GRAPHIC SCALE: 1" =1000'
X
PROPOSED
SURFACE LOCATION
ST 71 WELL NO 1
X = 2,372,350
Y = 765,583
engInee,ing41Nng- surveyIng
R.t. Ye
2000'
3000'
LEGEND
3/55 -8
X
— — STATE TRACT UNE
EXISTING WI I S
NOTES:
1. COORDINATES ARE BASED ON GPS
DATA WITH AN ACCURACY OF ± ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM OF
1927, TEXAS SOUTH ZONE.
3. ALL SURVEY LINES ARE APPROXIMATE.
SABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77056 -3050
SCALE
1^ =1000'
DRAWN BY:
DW
Br:
PROPOSED PLAT OF STATE TRACT 71 WELL NO. 1
PRODUCTION LINE
CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS
E
AEF
AUGUST 2006
JOB NO.
681 -06103
HLL1 NO.
m- %l,9 -9sv*9
P.O.Bo 2927, Capus Chu. Tans 78403 820 BAk4o-CtiCipurGhnsti. Texas 78401 Om 381.937.8851 fat 3519g7gg55
EXHIBIT B
4 OF 4
e -mot mOnrnccom n.,ne- nc.com
SHEET 4 OF 4
Saltet
August 14, 2008
Mr. Ricardo Guzman
Petroleum Superintendent
City of Corpus Christi
4225 South Port Street
Corpus Christi, TX 78415
RE: ST 71 #1 drilling permit
Corpus Christi Bay
Dear Mr. Guzman:
RECEIVED
AUG 1 8 2008
BY:
Sabco Operating Company is hereby applying for a permit to drill the captioned well
outside the cluster area. Attached, please find the following documents:
• Application foam
• Check for $1,500 Application Fee
• Statement of justification for drilling outside the "cluster" areas.
• casing program
• List of Lease Owners
We have directed RVE Surveying Company to provide the necessary plats and maps to
satisfy your requirements for presenting this application to the Oil and Gas Committee.
We would appreciate favorable consideration of this application. Please contact me at
713 - 840 -1980 or at iameson mnasabcooil.com if you need any further information for
processing this permit.
Very truly yours,
Sabco Operating Company
Max Jameson
Environmental/Regulato
F:\Sabco Operating CompanylRegulamry Agmrciestity of Corpus Christi 55#8'o8-03 -04 Justification to Drill 55#8 & 65#1
outside the cluster srea.doc
—118 -
1 un Pne C n4 Rlvd Sate 2300 • Houston. Texas 77056 -3050 • 713 -840 -1980 • 713 - 840 -0135 Fax
EXHIBIT "D"
CORPUS CHRISTI, TEXAS
OIL AND GAS REGULATION
APPLICATION FOR. PERMIT
TO: The City of Corpus Christi, Texas
FROM: Sabco Operating Company
1360 Post Oak Blvd., Suite 2300
Houston, Texas 77056 -3050
(hereinafter called "Applicant')
RECEIVED FEB 072008
Pursuant to the Corpus Christi Oil and Gas Ordinance, and particularly that part appearing as City
Code Oil 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 . a Private corporation X
existing under the laws of the State of Texas a public corporation
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:
Max Jameson
Sabco operating Company
1360 Post Oak Blvd., Suite 2300, Houston, TX 77056 -3050
In addition to Applicant, the parties listed as follows own a working interest in the well (if
none so state):
See attached
WELL DATA
Well Name: State Tract 71 #1
Field Name: Frio
Surface Location: X= 2,372,350; Y= 765,583
Bottomhole Location: X = 2,372,755: Y = 765.584
Vertical Depth: 9,500'
Projected Date of Commencement of Drilling: 05-01 -2008
—1 1 9—
CYYIQIT "M
Regular or Exceptional Permit:
This Application does (dees -net) request an exception to any requirements of Oil and Gas
Chapter 35 of the City Code. (NOTE: If the permit requested is exceptional, state the reasons
therefor in detail, using attachments and supporting data to the degree deemed necessary.)
Applicant's Warranties and Agreements:
Applicant warrants that all things stated or represented as factual in this application and any
attachments thereto are true and correct, and that all material representations of Applicant made
in connection 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 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 terms 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 of care is thereby 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 unleased
minerals and the fractional share of the Drilling Block owned as provided for in City Code
Section 35 -83 (B) (2)
Attached hereto is the bond required by the City of Corpus Christi for operations pertinent
to the location applied for (I anrt, Bay, or Gulf): (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 copy of the insurance policy or
Indemnity Agreement on file in the Oil and Gas Well Division which is sufficient to cover this
application.
Attached hereto is a plat of the area where drilling is to be conducted showing the proposed
location on surface and at bottornhole. (In "non- producing" land areas the plat shall be
—120—
EXHIBIT "D"
prepared by a licensed public surveyor and include the metes and bounds description of the
Drilling block(s) 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 05`h day of February ,2008.
Sabco Operating Company
Max Jameson
The State of Texas
Harris County
Subscribed and sworn to before me, the undersigned
authority, this 05 day of February , 2008 .
Notary Public in and for Harris County.
Received and Sled this ?2, day of 2006
Applicant
City Petr
tendent
F: Seam Operating Company\ReguWory Agencies\City of Corpus Christi EC 7141 ST 7IMI CCC Application.doc
—121—
EXHIBIT "D"
Working Interest Owners: ST 64#1, ST 65 #1, ST 65#2, ST 66#2, ST 68 #1, ST 71 #1
SABCO OIL AND GAS CORPORATION
1360 Post Oak Boulevard, Suite 2300
Houston, TX 77056
ROYAL ENERGY PARTNERS, LTD.
500 North Shoreline, Suite 807N
Corpus Christi, TX 78471
C.C. BAY, L.L.P.
500 North Shoreline, Suite 807 N.
Corpus Christi, TX 78471
KERSTING EXPLORATION COMPANY, L.L.P.
54 Twynbridge
San Antonio, TX 78259
WAG OIL, L.L.P.
500 North Shoreline, Suite 807 N.
Corpus Christi, TX 78471
CATAWBA PRODUCTION COMPANY, L.L.P.
500 North Shoreline, Suite 807 N.
Corpus Christi, TX 78471
COSTELLO EXPLORATION COMPANY, L.L.P.
3780 Grassmere
Corpus Christi, TX 78415
HAMMER EXPLORATION, L.L.P.
500 North Shoreline, Suite 807 N.
Corpus Christi, TX 78471
H R EXPLORATION, L.L.P.
4118 Nicklaus
Corpus Christi, TX 78413
HARRIGAN ENERGY PARTNERS, INC.
16821 Buccaneer, Suite 106
Houston, TX 77058 -2512
RWH, INC.
6246 Agassi Ace Court
Spring, TX 77379
—1 2 2—
EXHIBIT "0"
13
AGENDA MEMORANDUM
October 21, 2008
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to
the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL),
Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to
exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield
Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement
Projects for construction management and inspection.
AMENDMENT:
The amendment provides for additional construction phase and construction inspection
services for the Taxiway Rehabilitation, Taxiway Lighting and Aviation Drainage Phase 6
Improvement Projects. The contract was awarded to Haas Anderson of Corpus Christi,
Texas. The FAA approved the services being performed by PGAL. FM reserved the right
to qualify and approve inspectors for FAA funded projects. FAA is providing 95% of the
funding for the projects to be inspected.
CONSULTANT SELECTION /PROJECTS:
The City selected PGAL for Airport engineering services through an RFP for a multi-
year service agreement. The agreement is amended to authorize additional projects as
funding becomes available from the FAA. The City has historically utilized multi -year
engineering contract to successfully take advantage of year end FAA Discretionary
funds. A Request for Proposals was issued and the firm of Pierce Goodwin Alexander
Linville (PGAL) was hired in 2004.
The local sub - consultant on the projects will be Martinez, Guy and Maybik. Geotechnical,
engineering materials testing, inspection and laboratory testing services are being provided
by the local PSI office.
FUNDING: Funding is available from the Airport Capital Reserves and FM Grants.
RECOMMENDATION: Approval of the motion as presented.
_■rtz.--siGr /3 % K R5 /0.3 S
Fred Segundd / Kevin R. Stowers
Director of Aviation
Interim Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Contract Summary
Exhibit C. Location Map
HAHOMECEVINMEN AIR_ restoredt20041mprovemenis WE- P9MEAmdl6AwdMemo.doc
BACKGROUND INFORMATION
CONTRACT AMENDMENT SUMMARY:
The amendment provides for the design consultant to provide construction inspection
services for the project. The following services will be performed:
• Provide Project Manager and Engineer to manage and oversee all aspects of
Construction Management and Inspection Program. The Engineer will make site visits
periodically and as needed for the Project and will be available at all times to consult
and provide assistance. The Project Manager will coordinate various aspects of project
including assuring proper staffing levels as well as prepare billing and other oversight
tasks.
• Provide a full -time Civil Inspector trained and familiar with the type of construction
required for the project to monitor construction activities, materials testing, track project
progress and prepare daily reports for submission to the Airport and Engineer.
• Provide Electrical Inspector on an as -need basis depending on construction activities
and scheduling to monitor and report on construction activities relating to the installation
of airfield lighting, signage or other electrical items, track project progress and prepare
daily reports; and
• Provide part time clerical support.
The contract amendment is needed due to the resignation of the City's Aviation Engineer.
The additional professional engineering supervision for aviation projects is not available
from other City personnel. The project requires a familiarity with FAA procedures,
regulations and documentation. The amendment is based on hourly rates for the actual
time required for the project on a not to exceed basis. The fee amount represents up to
12- months of full time on site inspection, part time specialty inspection services (FAA
lighting and electrical), professional engineering supervision, project management and
clerical support. The City has historically been able to assign City inspectors only on a part
time basis to Aviation projects.
A complete list of services is included in the contract summary attached. See Exhibit B.
PROJECT DESCRIPTION:
The Taxiway Rehabilitation project will result in the overlay of the taxiways to address
deteriorating pavement and extend the life of the taxiways. It will also widen Taxiway B -4
from 60 -ft to 75 -ft, and widen Taxiway M from 50 -ft to 75 -ft. The Signage /Lighting
Improvements will result in the installation of new taxiway signage /lighting complying with
current FAA Air Circulars. Airfield Drainage Phase VI will result in the continued upgrade
of the airfield drainage system to accommodate a 25 -year rain event.
The construction contract with Haas Anderson Construction Ltd., of Corpus Christi, Texas
was awarded August 12, 2008. The contract award was in an amount not to exceed
$5,369,282.07.
FUNDING:
Funding is available from Airport Capital Reserve Funds. FAA Grants will reimburse the
—126—
L1•IJ/l \I CAL! Cl m.lc\nCIJ \nlo C onto 1A C A.nA lcn...dDL sCvkA A....
EXHIBIT A
Page 1 of 2
City and fund 95% of the cost for this contract.
BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and
recommended its approval.
—127—
1-9Nlniorue CvAAICV]CAI\AID raelnrnd\9(VfAI.nnm..mmonle \AC D(]tI IACGrnd1CA...ADLn C..An d....
EXHIBIT A
Page 2 of 2
CONTRACT SUMMARY
AMENDMENT No. 16
PGAL will provide architectural and engineering services for additional construction phase services and
construction inspection services for the:
• CCIA Taxiway Rehabilitation Improvements; and
• CCIA Drainage Phase 6 Improvements.
The scope of services will include services as provided by the Scope of Services attached as Exhibit A -16
Exhibit A, Section C Summary of Fees, is amended by the authorize services an additional total fee not to exceed
fee of $259,744.80. The total Amendment No. 16 not to exceed fee inclusive of all expenses is $259,744.80. A
summary of the schedule of fees is attached as Exhibit B -16. PGAL will use the summary of fees for Amendment
No. 16 when invoicing the City. Invoices for Amendment No. 16 will be based on the Engineer's estimate of the
percentage of the services completed. Invoices for travel, per diem and lodging will be evidenced by a copy of
invoices.
The restated total not to exceed fee inclusive of all expenses is $2,888,813.80.
All other terms and conditions of the June 8, 2004 contract, as amended, between the City and Consultant will
remain in full force and effect.
Exhibit A -16 continues on following page.
Exhibit B
Page 1 of 2
H: V1OME\K EVINS\ GEN V,IR_restored\2004Improvements\ E- PGAL\AEAma1b8SumExhB.doc
EXHIBIT A -16
Amendment Summary
CCIA Construction Projects FY 2008/09
The following services will be performed:
1. Provide Project Manager and Engineer to manage and oversee all aspects of Construction
Management and Inspection Program. The Engineer will make site visits periodically and
as needed for the Project and will be available at all times to consult and provide
assistance. The Project Manager will coordinate various aspects of project including
assuring proper staffing levels as well as prepare billing and other oversight tasks.
2. Provide a full -time Civil Inspector trained and familiar with the type of construction required
for the project to monitor construction activities, materials testing, track project progress
and prepare daily reports for submission to the Airport and Engineer.
3. Provide Electrical Inspector on an as -need basis depending on construction activities and
scheduling to monitor and report on construction activities relating to the installation of
airfield lighting, signage or other electrical items, track project progress and prepare daily
reports.
4. Provide vehicles, airfield radios and any other equipment necessary for the Engineer and
Inspectors to work within the Airport Operations Area. All on -site employees will be
badged as required.
5. Provide off -site clerical and technical staff for preparation of proper construction
management and inspection documentation.
6. Participate in pre- construction conference with Project Manager and Inspector(s) in
attendance.
7. Attend weekly construction meetings and help resolve design and construction matters.
8. Advise CCIA representatives on minor changes that do not affect cost and /or quality of the
Contractor's work.
9. Consult with Airport on changes in scope or design that affect cost and make
recommendations to Airport for solution.
10. Review and coordinate contractor's progress schedule and critical path updates with the
contractor and airport representatives.
11. Monitor amounts owed to the Contractor for progress and final payments.
12. Monitor and report on status of traffic control, barricades, SW3P, lighted runway closure
markers, and other tasks deemed as necessary.
13. Make pre -final and final inspections with the Airport staff and provide a statement of
completion for the project.
14. Review the Contractor's as -built construction drawings and prepare records of project as
constructed.
It is our understanding that the Airport will not require the Contractor to provide an on -site field office
for the engineer or inspector. We also understand that the airport will make available to the Inspector
office space, facsimile machine, photocopier, file space and various other items as required for the
preparation and distribution of Construction Management documentation.
Exhibit B
Page 2 of 2
HAHOME\KEVINS \GEN\ AIR_ restored120041mprovements \AE- PGAUAEAmlZ MExhB.doc
File : \Mproject\ councilexhibits \exh10019,10020,10021b.dwg
San Patricio County
PROJECT LOCATION
1000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
LOCATION MAP
NOT TO SCALE
CESAR CHAVEZ BLVD.
HWY 44
AGNES RD.
SITE PLAN
NOT TO SCALE
CITY PROJECT No. 10019, 10020, 10021
N
1
TAXIWAYS
ID
EXHIBIT "C"
TAXIWAY REHABILITATION, TAXIWAY SIGN -
AGE/LIGHTING AND DRAINAGE PHASE VI
IMPROVEMENTS
-1Rn-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 10 -06 -2008
MP MN
14
AGENDA MEMORANDUM
DATE: October 21, 2008
SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 3 (Project 5225)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 3
with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $59,602.00 for
the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and
Section 4B Excavation for sump modifications — Project # 5225.
ISSUES:
Groundwater conditions have been more severe that was indicated by geotechnical
analysis and groundwater modeling for the site. Additional work is required to de -muck the
sump, install additional gravel and rock drain media, pipes and other modifications.
RECOMMENDATION: Approval of the motion as presented.
vleAg
Kevin R. Stowers wrence Mikolajczyk
Interim Director - Engineering Services Interim Director of Solid Waste Services
Attachments:
a. Additional Information
b. Change Order Summary
c. Site Map
H:W OME\KEVINS \GEN\ LANDFILL\ ValenzuelaCells4A4B \CO3Memo.doc
—133—
ADDITIONAL INFORMATION
SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 3 (Project 5225)
Change Order: The change order provides for:
The modification of the groundwater sump is necessary to address continuing flows of
groundwater and silt into the sump. The following modifications are necessary to ensure
the groundwater drainage system will function as designed. The items included are:
• De -muck 46 -ft x 46 -ft sump area to permit excavator to sit in sump area;
• Excavate sump area and install 250+ tons of 3 -in x 5 -in rock to elevation 17.0 and place
geotextile fabric above 3 -in x 5 -in rock;
• Provide, mix, and install the following materials between elevation 17.0 and 20.0 in
sump area, and install at no additional charge the geotextile fabric specified by the
original contract at elevation 20.0;
• 143± tons of oversized washed rock;
• 143+ tons of 1.0 -in washed gravel drain media;
• 284+ tons of washed concrete sand;
• Install custom 12.0 -in ADS perforated pipe and geotextile wrap flow line at elevation
17.0 to the extent practical; and
• Install 24 -in diameter ADS perforated pump riser pipes with geo -net, bull rock,
geotextile and gravel drain media.
It is not anticipated that any further change orders will be required. Completion of the
project is anticipated during November.
A summary of the Change Order is attached. See Exhibit B.
PRIOR COUNCIL ACTION:
January 8, 2008 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to an engineering services contract with Chiang, Patel & Yerby, Inc. of
Dallas, Texas in the amount of $147,000.00 for a restated not to exceed fee of
$197,000.00 for design, bid and construction phase services for construction of disposal
Cells 4A and 4B at Cefe Valenzuela Landfill (M2008 -005).
May 27, 2008 —
A. Motion authorizing the City Manager, or his designee, to execute a contract with
Longhorn Excavators, Inc. of Richmond, Texas in the amount of $2,369,450.00 for
construction of Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection
System and Section 4B Excavation (M2008 -128).
B. Motion authorizing the City Manager, or his designee, to execute a contract engineering
materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas, in the amount
of $262,466.00 for construction of Cefe F. Valenzuela Landfill Sect 4A Liner &
Leachate Collection System and Section 4B Excavation project (M2008 -129).
July 8, 2008 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an
Exhibit "A"
Page 1 of 2
H:\HOMMKEV INS \GEN\ LANDFILL\ ValenzuelaCells4A4B \CO3BYgExA.doc
estimated amount not to exceed $100,400.00 for Cefe Valenzuela Landfill Leachate Ponds
Groundwater Monitoring System (M2008 -167).
July 22, 2008 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 1 for additional excavation and installation of a groundwater
underdrains in the amount of $231,399.00 with Longhorn Excavators, Inc., of
Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate
Collection System and Section 4B Excavation (M2008,-185).
September 9, 2008 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 2 for leachate pond service roadways, containment pond, culverts, and
roadway repairs in the amount of $297,986.35 with Longhorn Excavators, Inc., of
Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate
Collection System and Section 4B Excavation (M2008 -236).
PRIOR ADMINISTRATIVE ACTION:
January 3, 2008 — Award of an engineering services contract to HDR, Inc. of Corpus
Christi, Texas in the amount of $50,000.00 for Preliminary and Initial Design Services for
Cefe Valenzuela Landfill Disposal Cells 4A and 4B.
February 10, 2008 — Award of Amendment No. 2 to the engineering services contract to
HDR, Inc. of Corpus Christi, Texas in the amount of $20,500.00 for a restated not to
exceed fee of $217,500 for surveying services associated with the storm water disposal
pond for Cefe Valenzuela Landfill Disposal Cells 4A and 4B.
March 24, 2008 - — Award of Amendment No. 3 to the engineering services contract to
HDR, Inc. of Corpus Christi, Texas in the amount of $49,730.00 for a restated not to
exceed fee of $267,230 to separate bid and contract documents to permit early award of
Cefe Valenzuela Landfill Disposal Cell 4A and a subsequent separate award of Cell 4B.
FUTURE COUNCIL ACTION:
Award of construction contract for Sector 4B.
RECOMMENDATION: Approval of the motion as presented.
FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Funds.
Exhibit "A"
Page 2 of 2
H:V1OM EV(E V I NS \G EN\ LANDFILL \Va lenzue IaCeIIs4A4B \CO3BItiA.doc
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
OCTOBER 21, 2008
PROJECT: J.C. Elliott Citizens Collection Center and Transfer Station (Project 5192)
APPROVED: Motion No. M2008 -128 05/27/08
CONTRACTOR: Longhorn Excavators, Inc.
8653 F.M. 2775 Road
Richmond, TX 77469
TOTAL CONTRACT AMOUNT
25% Limit Amount
Change Order No. 1 (05/27/08)
Change Order No. 2 (09/11/08)
Change Order No. 3 (10/21/08)
Total
—136—
2,369,450.00
592,362.50
231,399.00
297,986.35
59,602.00
588,987.35 = 24.86% < 25%
Exhibit B
Page 1 of 2
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO: 3 FUNDING SOURCE: 550910- 3362- 00000 - 140328 CONTRACT TIME: 148 C.D.
Operating Department: Engineering Services DATE: October 2, 2008
Name of Project: Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B
Excavation — Proiect # 5225
Contractor: Longhorn Excavators, Inc. •
CHANGE AS FOLLOWS:
Sump modifications to address groundwater /silt conditions:
1. De -muck 46 -ft x 46 -ft sump area to permit excavator to sit in sump area,
2. Excavate sump area and install 250+ tons of 3 -in x 5 -in rock to elevation
17.0 and place geotextile fabric above 3 -in x 5 -in rock,
3. Provide, mix, and install the following materials between elevation 17.0 and
20.0 in sump area, and install at no additional charge the geotextile fabric
specified by the original contract at elevation 20.0:
• 143+ tons of oversized washed rock;
• 143 +tons of 1.0 -in washed gravel drain media; and
• 284+ tons of washed concrete sand.
4. Install custom 12.0 -in ADS perforated pipe and geotextile wrap flow line at
elevation 17.0 to the extent practical
5. Install 24 -in diameter ADS perforated pump riser pipes with geo -net, bull rock
geotextile and gravel drain media
TOTAL:
ADD DEDUCT
$3,250.00
$13,875.00
$19,657.00
$16,320.00
$6,500.00
$59,602.00
Why was this change necessary? (If left off the plans and specifications, explain why)
Groundwater conditions have been more severe that was indicated by aeotechnical analysis and groundwater
modeling for the site. Action is necessary to address continuing flows of silt into sump area.
How can similar changes be avoided in the future? Conduct a cost/benefit study to determine whether the reduced
volume capacity would warrant a shallower excavation to avoid potential change orders to address groundwater.
A. CONTRACT PRICE $ 2,369,450.00
B. TOTAL CHANGE ORDER (inc. current) $ 588,987.35
C. NEW CONTRACT PRICE $ 2,898 835.35
D. THIS CHANGE ORDER $ 59,602.00
E. PERCENT TOTAL CHANGE (B /A) 24.86% Project Engineer
F. PREVIOUS ADDN'L TIME AUTHORIZED 0 CD
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 7 CD
H. TOTAL ADDITIONAL TIME 0 CD
CITY OF CORPUS CHRISTI, TEXAS
By
City Engineer
APPROVED:
CONTRACTOR
By:
Title:
Operating Department
Director of Management & Budget
Legal Department
-137-
Exhibit B
Page 2 of 2
\Mproject \councilexhibits\ exh5225bCO2c.dwg
F.Y. 43
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PROJECT NO. 5225
SITE LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
CEFE F. VALENZUELA LANDFILL SECTION
(CHANGE ORGER NO. 2) -138-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 10/07/2008
15
AGENDA MEMORANDUM
City Council Action Date: March 25, 2008
SUBJECT: Packery Channel Boat Ramp Parking Lot and Access Road
(Project No. 3295)
AGENDA ITEM:
a. Ordinance appropriating $96,492.07 from the Unreserved Fund Balance in the
Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and
other construction suspension costs for the Packery Channel Boat Ramp Parking Lot
and Access Road as per Change Order No. 2 to the construction contract with Garrett
Construction of Ingleside, Texas; changing the FY 2008 -2009 Operating Budget
adopted by Ordinance No. 027776 to increase appropriations by $96,492.07.
b. Motion authorizing the City Manager or his designee to execute Change Order No. 2 to
the construction contract with Garrett Construction of Ingleside, Texas, in the amount
$96,492.07 for a revised total contract price of $854,322.10 for the Packery Channel
Boat Ramp Parking Lot and Access Road FY 2007 -2008 for contractor mobilization,
demobilization and other construction suspension costs.
ISSUE: The project was suspended during the summer to minimize disruption of public use of the
facility during peak demand. This allowed the entrance roadway to be completed prior to the
summer and have the parking lot available for public.
FUNDING: Funding is available from the Reinvestment Zone No. 2 Fund 1111 upon appropriation.
RECOMMENDATION: Staff recommends approval of the items as resented.
Sally Gavli
Director of
Additional
Exhibit "A"
Exhibit "B"
Exhibit "C"
rks & Recreation
Support Material:
Background Information
Change Order Summary
Location Map
evin R. Stowers
Interim Director of Engineering
H1 HOMED( EVINS\ GENNACKERY1 3295AccessRoadParkingLo1 1CO2Memo.doc _1 41—
AGENDA BACKGROUND INFORMATION
SUBJECT: Packery Channel Boat Ramp Parking Lot and Access Road
(Project No. 3295)
CHANGE ORDER SUMMARY: The change order provides for the materials cost
escalation that resulted during the suspension of work. The materials being delivered to
the contractor are being delivered beyond the completion date of the original contract to
complete the project. Material suppliers declined to honor their bid prices beyond the
original contract duration time due to cost escalations from their suppliers and the delay
in the project. Review of the material costs incurred by the contractor by the project
manager (ECMS, Felix Ocanas, P.E.) verified that the cost escalation is warranted.
The contract was bid, funds appropriated and certified based on a grant award
commitment letter from the Texas Department of Parks and Wildlife. The contract was
awarded, and the notice to proceed issued to the contractor based upon the
commitment letter. The City was subsequently informed by Texas Parks and Wildlife
that the paperwork to make funding available from U. S. Fish and Wildlife had been
delayed. Therefore, the delay was needed to comply with the grant regulations that
work was performed after the federal paperwork commitment had been secured. Work
was suspended due the need to comply with the grant regulations for reimbursement of
expenses and to avoid shutting the facility down during the peak summer tourist
season.
PROJECT DESCRIPTION: The project consists of the construction of approximately
17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing
Packery Channel Boat Ramp; construction of a 24 -foot wide, 1,200 LF (HMAC) access
road and related signage and pavement markings and other items including installation
of 1,000 square yards of concrete - reinforced pavement adjacent to the boat ramp,
concrete bollards, minor drainage improvements, 3,500 linear feet of electrical conduits
and pull boxes for future lighting, and minor landscaping items.
CONTRACT TERMS: The original contract specified that the project was to be
completed in 120 calendar days. Due to the suspension of work completion is
anticipated to be early December 2008.
PROJECT BACKGROUND: The Packery Channel Project, including the boat ramp,
was completed and the official ribbon cutting was held on October 6, 2006. The City of
Corpus Christi was awarded a $500,000 grant from the Texas Parks and Wildlife
Department (TPWD) on February 28, 2005 for expenses associated with the boat ramp.
The City applied for another TPWD grant in the amount of $500,000 to construct a
parking lot and access road to the boat ramp (Phase 2). That grant was awarded on
January 26, 2007.
The access road and parking lot project has been coordinated with the Texas General
Land Office and Corps of Engineers permits have been acquired. Access for future
H.\ HOME\ KEVINB\ GEN\ PACKERY13295AccessRoadParkingLol \CO2BkgExhA.doc 1 42—
phases including parking along Packery Channel was considered in the design of this
Phase 2 project. After construction of the access road and parking lot, a separate aid -to-
construction agreement will be executed with AEP for area lighting.
The Packery Channel project is a storm damage reduction and environmental
restoration project performed by the United States Corps of Engineers (USAGE)
Galveston District in which the City of Corpus Christi was the local sponsor. The project
consisted of a channel between the Gulf Intracoastal Waterway and the Gulf of Mexico.
The channel provided material for beach nourishment and backfill at the base of an
existing floodwall and water exchange between the Laguna Madre and the Gulf of
Mexico.
FUNDING: Funding is available the Reinvestment Zone No. 2 Fund (Packery Channel).
HA HOME ( EVINS\ GENIPACKERY1 3295ACCessRoadParkingLot 1CO2Bk9ExhA.doc 43_
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
October 21, 2008
PROJECT: Packery Channel Boat Ramp Parking Lot and Access Road
(Project No. 3295)
APPROVED: COUNCIL APPROVAL 03/25/08 (M2008 -079)
CONTRACTOR: Garrett Construction, Inc.
P. O. Box 1028
Ingleside, TX 78362
TOTAL CONTRACT AMOUNT 732,872.03
25% Limit Amount 183,218.00
Change Order No. 1 (04/28/08) 24,958.00
Change Order No. 2 (10/21/08) 96,492.07
Total 121,450.07= 16.6% < 25%
Funding: 550030 - 1111 -14800
—144—
Exhibit B
Page 1 of 2
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER No: 2 PROJECT No: 3295 CONTRACT TIME: 120 CD
Operating Department:
Park and Recreation Department Date: October 1, 2008
Name of Project: Packery Channel Boat Ramp Parking Lot and Access Road
Contractor: Garrett Construction Co.
CONTRACT CHANGE ADD
ITEM
F -1 (NEW) Contract Suspension Costs. Contractor was directed to suspend construction
Operations on May 14, 2008 and directed to resume work on September 1, 2008.
See Contractor's letter dated September 25, 2008, 1 page, with enclosure, 3 pages
requesting a change order for compensation for cost escalation due to the suspension..... $96,492.07
TOTAL THIS CHANGE ORDER $96,492.07
Why was this change necessary? (If left off the plans and specifications, explain why) This provides compensation to the
Contractor
due to suspension of work without the fault or negligence of the Contractor and for the City's convenience. Portions of the
Grant funds for this project were not made available in a timely fashion and the lateness of the funds was not made known to the
City until
after contract award and after start of construction. This provides full compensation to the contractor for said suspension.
How can similar changes be avoided in the future? NA
A. CONTRACT PRICE $ 732,872.03
B. TOTAL CHANGE ORDERS (include current) $ 121,450.07
C. NEW CONTRACT PRICE $ 854,322.10
D. THIS CHANGE ORDER $ 96,492.07
E. PERCENT TOTAL CHANGE (B /A) $ 16.6%
F. PREVIOUS ADDN'L TIME AUTHORIZED $ 0
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER. . $ 110 CD
H. TOTAL ADDITIONAL TIME $ 110 CD
CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR:
By: By:
Director of Engineering Services
Title:
PROJECT ENGINEER:
By:
APPROVED: Operating Department
Director of Management and Budget
Legal Department
City Manager
City Secretary
-145-
Exhibit B
Page 2 of 2
File : \ Mproject \councilexhibits \exh3295d.dwg
LOCATION MAP
NOT TO SCALE
0
O
TO CORPUS CHRISTI
000
c7
PACKERY CHANNEL BOAT RAMP
PARKING LOT AND ACCESS ROAD
VICINITY MAP
NOT TO SCALE
CITY PROJECT No. 3295
EXHIBIT "C"
PACKERY CHANNEL BOAT RAMP
PARKING LOT AND ACCESS ROAD
FY 2007 -2008
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 10 -06 -2008
INS NM
1■11, MIN
MP, NM
•••••
Page 1 of 2
AN ORDINANCE
APPROPRIATING $96,492.07 FROM THE UNRESERVED FUND
BALANCE IN THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR
CONTRACTOR MOBILIZATION, DEMOBILIZATION AND OTHER
CONSTRUCTION SUSPENSION COSTS FOR THE PACKERY
CHANNEL BOAT RAMP PARKING LOT AND ACCESS ROAD AS PER
CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT WITH
GARRETT CONSTRUCTION OF INGLESIDE, TEXAS; CHANGING THE
FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO.
027776 TO INCREASE APPROPRIATIONS BY $96,492.07; AND
DECLARING AN EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $96,492.07 is appropriated from the unreserved fund balance in the
Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and
other construction suspension costs for the Packery Channel boat ramp parking lot and
access road as per Change Order No. 2 to the Construction Contract with Garrett
Construction of Ingleside, Texas. The FY2008 -09 Operating Budget adopted by
Ordinance No. 027776 is changed by increasing appropriations by $96,492.07.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the of October, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: 0c4i 10 , 2008
By: .4
Lisa Aguilar
Assistant City Attorney
For City Attorney
H:LLEG- DIR \Lisa12008 ORDINANCES \ORD- Approp- PackeryBpa itrp.doc
Page 2 of 2
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
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
H:1LEG- DIMLisa\2008 ORDINANCES \ORD- Approp- PackeryBgatRamp.doc
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM: An ordinance amending the code of ordinances, City of Corpus
Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee;
providing for severance; and providing for publication.
ISSUE: To establish the Senior Companion Program Advisory Committee. This
committee will advise the City Council on the Senior Companion Program.
REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of
Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion
Program Advisory Committee.
PREVIOUS COUNCIL ACTION: On July 22, 2008 Council approved a resolution and
ordinance for the City Manager or his designee to accept a $270,943 grant awarded
by the Corporation for National and Community Services for the Senior Companion
Program (SCP).
FUNDING: There are no funds to establish the Senior Companion Program Advisory
Committee.
CONCLUSION AND RECOMMENDATION: Staff recommends the amendment
approval to the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish
the Senior Companion Program Advisory Committee.
Attachments:
Background Information
—151—
Sal y G
Parks and
, Director
ecreation Department
BACKGROUND INFORMATION
Upon the support and recommendation of the Corporation for National and Community
Service (CNS), the City of Corpus Christi has worked with Parks and Recreation Staff, the
Leadership Council on Senior Services and with the City's Legal Department in creating
the Senior Companion Program (SCP) Advisory Committee.
The committee shall consist of seven (7) members: five at -large representatives; one
current SCP Volunteer and one current SCP Volunteer workstation. These members must
express an interest in the issues of older adults and have knowledge of their capabilities of
older adults. In addition, the staff liaison for the committee will be the SCP Program
Coordinator or designated representative and the secretary will be the SCP Community
Services Officer or designated representative.
This committee shall act as an advisor to the City Council, City Manager and Parks and
Recreation Department staff regarding the SCP Program. Some of the duties and
responsibilities of the committee are as follows: advise on SCP volunteer recruitment
strategies, provide support in recruitment of volunteers and volunteer stations for the SCP
Program, serve as community advocates and liaisons for the SCP Program, assist in
development of non - federal resources to include fundraising for the SCP Program, advise
on programming for impact, advise on how to measure trends and impact of trends in the
community regarding the SCP Program, assist with the development and implementation
of program evaluations and surveys, conduct an annual assessment of the program by
surveying program volunteers, bi- annually assess project accomplishments and impact,
and attend special events and activities related to the SCP Program.
SCP assists low- income volunteers 60 years and over who are willing to serve as
companions to homebound elderly and /or disabled persons 21 years of age or older. The
Companions assist homebound individuals with daily living tasks, such as light meal
preparation, grocery shopping and minor housekeeping chores. They also provide critical
respite care service for hospice support to family caregivers. Their assistance allows
homebound clients to remain in their homes, delaying institutionalization while maintaining
their independence and dignity.
Companion benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and
either mileage reimbursement or bus tokens. In FY 2007 -2008, there were 62 companions
enrolled in the program. These volunteers contributed 46,651 hours of service in our
community
—152—
1
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 2, TO ESTABLISH THE SENIOR COMPANION
PROGRAM ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Code of Ordinances, Chapter 2, Administration, Article IV,
Miscellaneous Boards, Commissions and Committees, is amended to add new Division
to read as follows:
"DIVISION 26. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE
Sec. 2 -270. Created; purpose.
There is hereby created the Senior Companion Program Advisory Committee. The
purpose of the committee is to advise the City Council on the Senior Companion
Program.
Sec. 2-271. Duties.
The committee shall act as an advisor to the City Council and City Manager and Parks
Department Staff regarding Senior Companion Program, including but not limited to the
following activities;
"(a) Advise on Senior Companion recruitment strategies;
H :LEG- DIRU.isa\2008 ORDINANCESVSenior Companion Progran1105tWer 9 2008 ORDINANCE.DOC
2
(b) Provide support in recruitment of volunteers and volunteer stations for the Senior
Companion Program;
(c) Serve as community advocates and liaisons for the Senior Companion Program;
(d) Assist in development of non - federal resources to include fundraising for the Senior
Companion Program;
(e) Advise on programming for impact;
(f) Advise on how to measure trends and impact of trends in the community regarding
Senior Companion Program;
(q) Assist with development and implementation of program evaluations and surveys;
(h) Conduct an annual assessment of the program by surveying program volunteers;
(i) Bi- annually assess Senior Companion project accomplishments and impact; and
(i) Attend special events and activities related to Senior Companion Program.
Sec. 2 -272. Membership; terms; filling vacancies.
(a) The committee shall consist of seven (7) members. All members must express
an interest in the issues of older adults and have knowledge of the capabilities of older
adults. One member shall be a current Senior Companion Program ( "SCP ") Volunteer,
and one member shall represent the SCP Volunteer Station. To serve as the SCP
Volunteer representative, the member must be an active SCP volunteer for at least one
MALEG- D[12 '.Lisa\2008 ORDINANCES\ Senior Companion Progwcil €4S 9 2008 ORDINANCE.DOC
3
year, and currently serve a minimum of fifteen (15) hours per week. To serve as the
SCP Volunteer Workstation representative, the member must be an executive, director
or similar leadership position at a current SCP Volunteer Station for the City of Corpus
Christi.
(b)Of the initial members, four (4) members shall serve a two -year term and three (3)
members shall serve a one -year term, as determined by a drawing to be conducted at
the initial committee meeting. Thereafter, all terms shall be two (2) years. All members
shall serve until their successors are appointed and qualified.
(c) In the event a vacancy occurs during any term, the City Council appointment of a
new member shall be to fill the unexpired term.
Sec. 2 -273. Quorum; officers; staff liaison; meetings; subcommittees.
(a) The majority of members shall constitute a quorum, provided that the majority
vote of such quorum shall be necessary for the adoption or approval of any matters
before the committee.
(b) At the first meeting after creation of the committee, a majority of the whole
committee shall elect a chairperson and vice - chairperson to serve during the initial one -
year term. Thereafter, the chairperson and vice - chairperson shall be elected by a
majority of the whole committee to serve one -year terms. Following the initial election,
subsequent elections for chairperson and vice - chairperson shall be held each year at
the first regular meeting after appointments to fill expiring terms.
H: \LEG- DIR\Lisa @008 ORDINANCES\Senior Companion Progre4 Gs5ber 9 2008 ORDINANCE.DOC
4
(c) The SCP Program Manager, or designated representative, shall serve as the
staff liaison and the Community Service Officer or designated representative shall serve
as the secretary of the committee and shall send all notices for meetings, keep and
preserve the minutes, advise and consult with city officials as to the committee's work
and recommendations, assist the committee and its subcommittees in planning and
coordinating its efforts, and perform such other duties as may be of assistance to the
committee.
(d) The committee shall meet at least once each month and shall meet on the call of the
chairperson or of a majority of its members.
(e) The chair of the committee, with the approval of the committee, may establish such
subcommittees as may be necessary or appropriate to assist the committee in its
studies and in the performance of its duties. Members of such subcommittees shall be
appointed only from among members of the committee.
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.
H:V.EG•DIRWisa\2008 ORDINANCES\Senior Companion pmgmt Seiner 9 2008 ORDINANCE.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 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 Michael McCutchon
Bill Kelly
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: October 10, 2008
By:
Lisa Aguilar `)
Assistant City Attorney
For City Attorney
-157-
Henry Garrett
Mayor
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM: An ordinance amending the code of ordinances, City of Corpus Christi,
Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee;
providing for severance; and providing for publication.
ISSUE: To establish the Retired and Senior Volunteer Advisory Committee. This
committee will advise the City Council on the Retired and Senior Volunteer Program.
REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of
Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior
Volunteer Program Advisory Committee.
PREVIOUS COUNCIL ACTION: On July 22, 2008 Council approved a resolution and
ordinance for the City Manager or his designee to accept a $55,139 grant awarded by
the Corporation for National and Community Services for the Retired and Senior
Volunteer Program (RSVP).
FUNDING: There are no funds to establish the Retired and Senior Volunteer Program
Advisory Committee.
CONCLUSION AND RECOMMENDATION: Staff recommends the amendment
approval to the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish
the Retired and Senior Volunteer Program Advisory Committee.
Attachments:
Background Information
—161—
Sally G
Parks a
ik, Director
d Recreation Department
BACKGROUND INFORMATION
Upon the support and recommendation of the Corporation for National and Community
Service (CNS), the City of Corpus Christi has worked with Parks and Recreation Staff, the
Leadership Council on Senior Services and with the City's Legal Department in creating
the Retired and Senior Volunteer Program (RSVP) Advisory Committee.
The proposed RSVP Advisory Committee will be made up of seven (7) members: five at-
large representatives; one current RSVP Volunteer and one current RSVP Volunteer
workstation. Committee members must express an interest in the issues of older adults
and have knowledge of their capabilities of older adults. In addition, the staff liaison forthe
committee will be the RSVP Program Coordinator or designated representative and the
secretary will be the RSVP Community Services Officer or designated representative.
This committee shall act as an advisor to the City Council, City Manager and Parks and
Recreation Department staff regarding the Retired and Senior Volunteer (RSVP) Program.
Some of the duties and responsibilities of the committee are as follows: advise on
volunteer recruitment strategies, provide support in recruitment of volunteers and volunteer
stations forthe RSVP Program, serve as community advocates and liaisons forthe RSVP
Program, assist in development of non - federal resources to include fundraising for the
RSVP Program, advise on programming for impact, advise on how to measure trends and
impact of trends in the community regarding the RSVP Program, assist with the
development and implementation of program evaluations and surveys, conduct an annual
assessment of the program by surveying program volunteers, bi- annually assess project
accomplishments and impact, and attend special events and activities related to the RSVP
Program.
RSVP has proven to be exceptionally beneficial to both senior citizens and various public
and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older
who utilize their talents and experience to serve the needs of the community. During the
last grant period 824 enrolled volunteers contributed 130,432 hours during the 2007 -2008
fiscal year through 54 different non - profit organizations like the Corpus Christi Literacy
Council, KEDTV, South Texas Botanical Gardens, American Red Cross, CC Lions
Eyeglass Recycle Center and other community based organizations like Driscoll Children's
Hospital, Christus Spohn Hospitals, USS Lexington and Alameda Oaks Nursing Center.
RSVP dedicated 49,821.5 hours of service to various City departments including the Police
Department, Neighborhood Services, Airport, Museum, and Parks and Recreation.
—162—
1
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 2, TO ESTABLISH THE RETIRED AND SENIOR
VOLUNTEER PROGRAM ADVISORY COMMITTEE; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Code of Ordinances, Chapter 2, Administration , Article IV,
Miscellaneous Boards, Commissions and Committees, is amended to add new Division
to read as follows:
"DIVISION 28. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY
COMMITTEE
Sec. 2 -276. Created; purpose.
There is hereby created the Retired and Senior Volunteer Program Advisory
Committee. The purpose of the committee is to advise the City Council on the Retired
Senior Volunteer Program.
Sec. 2-277. Duties.
The committee shall act as an advisor to the City Council and City Manager and Parks
Department Staff regarding Retired and Senior Volunteer ('RSVP ") Program, including
but not limited to the following activities;
"(a) Advise on volunteer recruitment strategies;
H: \LEG- DIR\Lisa\2008 ORDINANCES'Rctired Senior Volunteer Pri October 9 ORDINANCE.DOC
2
(b) Provide support in recruitment of volunteers and volunteer stations for the Retired
And Senior Volunteer Program;
(c) Serve as community advocates and liaisons for the Retired and Senior Volunteer
Program;
(d) Assist in development of non - federal resources to include fundraising for the Retired
and Senior Volunteer Program;
(e) Advise on programming for impact;
(f) Advise on how to measure trends and impact of trends in the community regarding
Retired and Senior Volunteer Program;
(q) Assist with development and implementation of program evaluations and surveys;
(h) Conduct an annual assessment of the program by surveying program volunteers;
(i) Bi- annually assess project accomplishments and impact; and
(1) Attend special events and activities related to Retired and Senior Volunteer Program.
Sec. 2 -278. Membership; terms; filling vacancies; ex- officio members.
(a) The committee shall consist of seven (7) members. All members must express
an interest in the issues of older adults and have knowledge of the capabilities of older
adults. One member shall be a current RSVP Volunteer, and one member shall
represent the RSVP Volunteer Station.
H: \LEG- DIR \Lisa12008 ORDINANCES\Retired Senior Volunteer licsr2in October 9 ORDINANCE.DOC
3
To serve as the RSVP Volunteer representative, the member must be an active RSVP
volunteer who volunteers at least one (1) hour per month at a registered RSVP
Volunteer Station. To serve as the RSVP Volunteer Workstation representative the
member must be an executive, director or similar leadership position at a non - profit
agency that operates a RSVP Volunteer Station for the City of Corpus Christi.
(b) Of the initial members, four (4) members shall serve a two -year term and three
(3) members shall serve a one -year term, as determined by a drawing to be conducted
at the initial committee meeting. Thereafter, all terms shall be two (2) years. All
members shall serve until their successors are appointed and qualified.
(c) In the event a vacancy occurs during any term, the City Council appointment of a
new member shall be to fill the unexpired term.
Sec. 2 -279. Quorum; officers; staff liaison, meetings; subcommittees.
(a) The majority of members shall constitute a quorum, provided that the majority
vote of such quorum shall be necessary for the adoption or approval of any matters
before the committee.
(b) At the first meeting after creation of the committee, the committee shall elect a
chairperson and vice - chairperson to serve during the initial one -year term. Thereafter
the chairperson and vice - chairperson shall be elected to serve one -year terms.
(c) The RSVP Program Manager, or designated representative, shall serve as the
staff liaison and the Community Service Officer or designated representative shall serve
H:\LEG- DIR \Lisa\2008 ORDINANCES\Retired Senior Volunteer Prvy October 9 ORDINANCE.DOC
4
as the secretary of the committee and shall send all notices for meetings, keep and
preserve the minutes, advise and consult with city officials as to the committee's work
and recommendations, assist the committee and its subcommittees in planning and
coordinating its efforts, and perform such other duties as may be of assistance to the
committee.
(d) The committee shall meet at least once each month and shall meet on the call of the
chairperson or of a majority of its members.
(e) The chair of the committee, with the approval of the committee, may establish such
subcommittees as may be necessary or appropriate to assist the committee in its
studies and in the performance of its duties. Members of such subcommittees shall be
appointed only from among members of the committee.
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.
H: \LEG- DIR\Lisa\2008 ORDINANCES\Retired Senior VolunteecflrOctober 9 ORDINANCE.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 Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: October 10, 2008
w14
By:
Lisa Aguilar ,J
Assistant City Attorney
For City Attorney
—167—
18
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 53 — TRAFFIC,
SCHEDULE V, SECTION 53 -254 (INCREASE OF STATE SPEED LIMIT IN
CERTAIN ZONES) BY ESTABLISHING A REVISED SPEED LIMIT OF 70 MPH
ON U.S. HIGHWAY 77 (INCREASING THE SPEED LIMIT FROM 55 MPH TO
70 MPH) FROM INTERSTATE HIGHWAY 37 TO THE CITY LIMITS SOUTH;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi Code of Ordinances, Section 53 -254,
Schedule V, is hereby amended by adding the underlined text between the following existing
paragraphs (as shown below):
Up River Road:
From Erwin Street to Navigation Boulevard - -35 mph - -At all times
From Navigation Boulevard to a point approximately 1,200 feet north of Lantana
Road --40 mph - -At all times
Those portions of Up River Road within the city limits between a point 1,200 feet
north of Lantana Road and Renfrow Road - -40 mph - -At all times
Those portions of Up River Road within the city limits between Renfrow Road
and Rand Morgan Road - -45 mph—At all times
From Violet Road to a point approximately 1,200 feet west of Rehfield Road - -35
mph —At all times
From a point approximately 1,200 feet west of Rehfield Road to Sharpsburg
Road --40 mph - -At all times
From Rand Morgan Road to a point approximately 1,500 feet west of McKinzie
Road --40 mph - -At all times
From a point approximately 1,975 feet west of Loma Alta Street (near the
Missouri- Pacific RR track crossing) to a point approximately 2,200 feet east of
Hearn Road --40 mph —At all times
From a point approximately 2,200 feet east of Hearn Road to Hearn Road - -45
mph —At all times.
U.S. Highway 77:
From Interstate Highway 37 to the city limits south - -70 mph - -All times.
093008 ORD Amend 53 -254 US 77 —1 71—
U.S. Highway 181:
From the north city limits (MP 0.000) to the U.S. Highway 181 /Beach Avenue
Interchange (MP 2.064)--65 mph - -All times.
From the U.S. Highway 181 /Beach Avenue Interchange (MP 2.064) to a point
approximately 250 feet north of the center line of Belden Street - -55 mph--All
times.
SECTION 2. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 3. A violation of this speed limit may result in a citation being issued and a fine
being assessed.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full
force and effect for its purpose.
ATTEST:
Armando Chapa
City Secretary
Approved as to form: 22 -Sep -0
�
By: YJA
Veronica Ocan s
Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
093008 ORD Amend 53 -254 US 77 —1 7 2—
That the foregoing ordinance was read for the first time and passed to its second reading on this
the jq-' ' day of 0 c_}-% Le„..- 2008, by the following vote:
Henry Garrett 4-1-)a.. Priscilla G. Leal ____ P'
Melody Cooper ___ John E. Marez " l9a
Larry Elizondo, Sr. �v�_.e, Nelda Martinez _ ec.__
Mike Hummel) /r./ e. Michael McCutchon /�7 a
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 Michael McCutchon
Bill Kelly
APPROVED AND PASSED on this day of 2008.
ATTEST:
Armando Chapa, City Secretary Henry Garrett, Mayor
093008 ORD Amend 53 -254 US 77
-173-
AGENDA MEMORANDUM
SUBJECT: US 77 SPEED LIMIT INCREASE
AGENDA ITEM:
DATE: October 14, 2008
Ordinance amending the Code of Ordinance Section 53 -254, Schedule V, Increase of State
Speed Limit , by revising the speed limit on U.S. 77 from 55 Miles Per Hour to 70 Miles Per
Hour from Interstate Highway 37 south to the City Limit Boundary Line; providing for penalties;
providing for severance; and providing for publications.
ISSUE:
The Texas Department of Transportation conducted a recent speed study on U.S. 77 and is
requesting a speed zone change to 70 miles per hour from I.H. 37 south to the City Limit
boundary line. Staff recommendation is to amend the Code of Ordinances Section 53 -54
Schedule V, Speed Limits, by establishing the speed limit on U.S. 77 to be changed from 55
mph to 70 mph.
REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -254, Schedule
V, requires City Council Approval.
FUNDING: N/A
RECOMMENDATION: Approval of the motion as presented.
Kevin R. towers,
Interim Director of Engineering Services
/3/40g
Additional Support Material
Exhibit "A" Background Information
Exhibit "B" Site Map
Exhibit "C" Texas Department of Transportation Study
—174—
BACKGROUND INFORMATION
BACKGROUND:
Texas Department of Transportation has requested a speed zone change on U.S. Highway 77
from 1.11 37 to the City Limit line. A recent study conducted by Texas Department of
Transportation revealed the 85% percentile speed limit to be 70 miles per hour (Exhibit C.) The
creation of the new controlled access main lanes warranted TxDOT to conduct a new speed
study. A previous study was conducted in 1999 when this section of U.S. 77 had non - controlled
access.
REVIEWED BY TRANSPORATION ADVISOPRY COMMITTEE:
The Transportation Advisory committee has reviewed the recommendation and unanimously
voted to recommend approval to the City Council of the proposed Speed Zone Change on U.S.
77 from 55 miles per hour to 70 miles per hour.
EXHIBT "A"
Page 1 of 1
—175—
WEW_M:U,
19
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 53- TRAFFIC,
SECTION 53 -250- SCHEDULE I, ONE -WAY STREETS AND ALLEYS,
SECTION (A), BY REMOVING CURRENT ONE -WAY TRAFFIC
PATTERN ON RIVERWOOD ROAD TO TWO WAY TRAFFIC IN THE
NORTHBOUND AND SOUTHBOUND DIRECTION OF TRAVEL FROM
F.M. 624 (NORTHWEST BOULEVARD) TO RIVER HILL DRIVE, AT ALL
TIMES; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City of Corpus Christi Code of Ordinances, Section 53 -250, is
amended by deleting Riverwood Drive from Schedule I, One way streets and alleys,
Section (a), as shown:
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53 -250. Schedule I -- One -way streets and alleys.
Street or
Portion of Street
Direction
of Traffic
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 hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances.
C: \Documents and Settings \veronicao\DesktopUQt /798.ORD Amend 53 -250 Riverwood.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the I' -1-"' day of c' ob , 2008, by the following vote:
Henry Garrett Prsc_- Priscilla G. Leal
&"‘") `-
Melody Cooper frf, s e,nl— John E. Marez (j -,04,
Larry Elizondo, Sr. Nelda Martinez nl.,e.
Mike Hummell /k,� e, Michael McCutchon }
4-
Bill Kelly (k,2e,
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 McCutchon
Bill Kelly
PASSED AND APPROVED this the day of , 2008.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED AS TO FORM: 06- Oct -08
Veronica Ocanas
Assistant City Attorney
for City Attorney
C: \Documents and Settings \veronicao \Desktopllfatp8 ORD Amend 53 -250 Riverwood.doc
AGENDA MEMORANDUM
SUBJECT: Two -Way Traffic Pattern on Riverwood Road.
AGENDA ITEM:
DATE: October 14, 2008
A. Ordinance amending the Code of Ordinance, Chapter 53- Traffic, Section 53-250 -
Schedule I, One -Way Streets and Alleys, Section (a), by removing current one -way
traffic pattern on Riverwood Road to two way traffic in the northbound and southbound
direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times;
providing for penalties; providing for severance; and providing for publications.
B. Motion authorizing the City Manager of his designee to erect a "STOP" sign on River Hill
Drive at the intersection of Riverwood Road in the Northbound and Southbound
Direction.
ISSUE:
Texas Department of Transportation has constructed raised medians through out F.M. 624,
restricting left tum movements from Riverwood Road onto F. M. 624. This will allow re-
establishing the existing one -way northbound traffic on Riverwood Road into two -way traffic in
the northbound and southbound direction of travel from F.M. 624 (Northwest Boulevard) to River
Hill Drive, at all times. Given the nature of the two -way traffic on Riverwood Road, it is advised
to make the intersection of Riverwood Road and River Hill Drive an All -Way Stop to improve
safety.
REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Chapter 53- Traffic,
Section 53 -250, Schedule I, requires City Council Approval.
FUNDING: N/A
RECOMMENDATION: Approval of the proposed ordinance as presented.
Additional Support Material
Exhibit "A" Background Information
Exhibit "B" Site Map
la` 1 OP
Kevin R. Stowers,
Interim Director of Engineering Services
—1 8 1--
BACKGROUND INFORMATION
BACKGROUND:
In 1999 there was an increase of right angle collisions at the intersection of Riverwood Road
and F.M. 624 (Northwest Boulevard). The accidents were caused by motorist making left turns
from Riverwood Road onto eastbound F.M. 624 (Northwest Boulevard). On March 26, 2002,
City Council approved converting Riverwood Road from a two -way street into a one -way street
in the northbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at
all times. Texas Department of Transportation has made recent changes to F.M. 624
(Northwest Boulevard) which includes raised medians. The existing medians restrict left turn
movements from Riverwood Road onto F.M. 624 (Northwest Boulevard), thus, allowing
changing the current status of Riverwood Road from a one -way in the northbound direction into
a two -way traffic in the northbound and south bound direction of travel from F.M. 624 (Northwest
Boulevard).
REVIEWED BY TRANSPORATION ADVISOPRY COMMITTEE:
The Transportation Advisory committee has reviewed the recommendation and unanimously
voted to recommend approval to the City Council with the stipulation that an All -Way Stop be
installed at Riverwood Road and River Hill Drive and a raised island be installed on Riverwood
Road to channelize for right turns only onto F.M. 624 (Northwest Boulevard).
EXHIBT "A"
Pape 1 of 1
-182-
- Wild 31IS -
-183-
20
ORDINANCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO LEASE
REAL PROPERTY TO THE UNITED STATES COAST GUARD
FOR $1.00 A YEAR FOR A TERM OF NINETEEN YEARS, NINE
MONTHS (BEGINNING ON JANUARY 1, 2009 AND ENDING ON
SEPTEMBER 30, 2028) IN CONNECTION WITH A NAVIGATION
MARKER MOUNTED ON THE EAST WALL OF THE SOUTH
TEXAS INSTITUTE FOR THE ARTS BUILDING, AN AID TO
NAVIGATION (ATON) STRUCTURE KNOWN AS THE "CORPUS
CHRISTI CHANNEL CUT 'B' WEST RANGE FRONT LIGHT (ACLL
7817) "; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a
lease and all related documents to the U.S. Government (United States Coast
Guard) for $1.00 a year for a twenty -year term (from January 1, 2009 to
September 30, 2028) in connection with a navigation marker or Aid to Navigation
(ATON) mounted on the east wall of the South Texas Institute for the Arts Building
and known as the "Corpus Christi Channel Cut 'B' West Range Front Light (ACLL
7817)."
SECTION 2. Publication shall be made as required under § 3, Article IX of
the City Charter of the City of Corpus Christi.
ATTEST:
Armando Chapa
City Secretary
Approved as to form: 1 - Sep -08
Veronica Ocanas
Assistant City Attorney
For City Attorney
092308 ORD 20 -yr lease to USCG
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
—187—
That the foregoing ordi a ce was read forte first time and passed to its second
reading on this the egay of , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordinance was read for the second time and passed finally on
this the day of 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
PASSED AND APPROVED on this the day of , 2008.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor, the City of Corpus Christi
092308 ORD 20 -yr lease to USCG
—188—
STANDARD FORM 2
FEBRUARY 1965
EDITION / GENERAL
SERVICES
ADMINISTRATION
FPR (41 CFR) 1- 16.601
U.S. GOVERNMENT
LEASE FOR REAL PROPERTY
DATE OF LEASE LEASE No.
October 01, 2008 HSCG82- 08- L- 8N3067
THIS LEASE made and entered into this date by and between City of Corpus Christi,
whose address is 1201 Leopead Street, Corpus Christi, TX 78469 -9277, and whose interest
in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the
UNITED STATES OF AMERICA, hereinafter described as the United States Coast Guard,
hereinafter called the Government:
WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant
and agree as follow:
1. The Lessor hereby leases to the Government the following described premises,
hereinafter referred to as the "premises ".
Site address: A show on excerpt copy of US Coast and Geographical Survey Chart
No. 523, marked Exhibit "A" dated January 1962, and incorporated by reference herein
known as Corpus Christi Channel Cut 93" West Range Front Light (ACLL 7817)
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term
beginning on January 1, 2009 through September 30, 2028, subject to termination and
renewal rights as may be hereinafter set forth.
3. CONSIDERATION: The consideration for this lease shall be $1.00, of which the
receipt and sufficiency is hereby acknowledged for the operation and maintenance of this
property to be used by Aids to Navigation equipment for the benefit of the general public
in accordance with the terms and conditions hereinafter set forth.
4. NOTICE: The Government may terminate this lease, for cause, at any time by giving at
least thirty (30) days notice in writing to the Lessor and no rental shall accrue after the
effective date of termination. Said notice shall be computed commencing from the date
of receipt of termination notice. The Lessor may terminate this lease at any time by
giving at least ninety (90) days notice in writing to the Government. Said notice shall be
computed commencing from the date of receipt of termination notice.
STANDARD FORM 2
FEBRUARY 1965 EDITION
1 HSCG82- 08- L- 8N3067
—189—
5. This lease will continue (14 U.S.C. § 672) with the same terms and conditions, unless
and until the Government shall give notice of termination in accordance with paragraph
4, provided that adequate appropriations are available from year to year for payment of
rentals, and provided further that this lease shall in no event extend beyond September
30, 2028.
6. A Supplemental Agreement will be utilized to make changes /adjustments to this lease.
7. TAX IDENTIFICATION: All leases must include either a nine -digit Federal Tax
Identification number or a Social Security number. Please indicate below:
Name of Lessor: City of Corpus Christi Tax ID number: 74- 6000574
Telephone number: (361) 826 -3516 (City Property Mgr office)
8. COMPLIANCE WITH APPLICABLE LAW: The Lessor shall comply with all
Federal, State, and local laws applicable to the Lessor as Owner or Lessor, or both, of the
Premises, including, without limitation, laws applicable to the construction, ownership,
alteration or operation thereof, and will obtain all necessary permits, licenses and similar
items at Lessor's expense. The Government will comply with all Federal, State, and
local laws applicable to and enforceable against it as a tenant under this lease; provided
that nothing in this lease shall be construed as a waiver of any sovereign immunity of the
Government. This lease shall be governed by Federal law.
9. MAILING: Mailing refers to Certified Mail with return receipt and the date of
acceptance being the start date.
10. CHANGE OF OWNERSHIP NOTIFICATION: Lessor will notify Government
within thirty (30) days of any transfer of ownership of the described property; or change
in payment mailing address.
11. SUCCESSORS BOUND: The lease shall bind, and inure to the benefit of, the parties
and their respective heirs, executors, administrators, and successors.
12. INDEMNIFICATION: The Government, in the manner and to the extent provided by
Federal Tort Claims Act (28 U.S.C. § 2671 - 2680), as amended), shall be liable for, and
shall hold the Lessor harmless from claims for damage or loss of property, personal
injury or death caused by the act or omissions of the Government, its officers, employees
and agents in the use of the leased premises.
13. INGRESS/EGRESS: Lessor hereby grants to the Government, its contractors and other
duly assigned personnel, the right of ingress and egress (both vehicular and pedestrian)
necessary or convenient for the installation, use, maintenance, repair, operation, and
replacement of Government owned equipment across Lessor's property.
STANDARD FORM 2
FEBRUARY 1965 EDITION
2 HSCG82- 08- L- 8N3067
—190—
14. GOVERNMENT INSPECTION: The Government reserves the right, at any time after
the lease is signed and during the term of the lease, to inspect the leased premises and all
other areas of the building to which access is necessary to ensure a safe and healthy work
environment for the Government tenants and the Lessor's performance under this lease.
15. PERFORMANCE FAILURE: If Lessor fails to cure or remedy any failure to perform
any service, to provide any item, or meet any requirement of the lease within thirty (30)
days of Governments written notice to Lessor, Government may deduct any cost incurred
for the service or item, including administrative costs, from rental payments or
Government may perform the service, provide the item, or meet the requirement, either
directly or through a contract.
16. ANTI- DEFICIENCY ACT (31 U.S.C. § 1341, as amended): Nothing in this lease shall
constitute an obligation of funds of the United States in advance of an appropriation
thereof.
17. INSURANCE: The Government is a self - insured entity.
18. TAXES AND ASSESSMENTS: The Government is not responsible or liable for any
real property or personal property taxes, personal taxes, nor assessments levied or
assessed upon or against the leased premises.
19. CONDITION OF USE: The Government is responsible for meeting all applicable
Federal, State and local safety and other codes, and for obtaining all applicable Federal,
Sate and local permits, licenses, or other authorization required for operation of its
equipment.
20. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE, AND
REMOVAL: The Government is solely responsible for all costs connected with the
installation and maintenance of all Government owned equipment located on the leased
Premises. Installation and operation of Government equipment shall be done according
to applicable Government codes and accepted industry standards.
21. WARRANTY: Lessor makes no warranty, express or implied, as to the suitability of the
leased Premises for the Government's intended use or purpose and expressly disclaims
any such warranty.
22. SUBLETTING /ASSIGNMENT: Government may not sublet or assign the leased
Premises.
23. LEASE ADMINISTRATION: Administration of subject lease will be accomplished
by: Commander (rp), US Coast Guard, Civil Engineering Unit Miami, 15608 SW 117
Avenue, Miami, Florida 33177, Telephone: (305) 278- 6717..
24. SEVERABILITY: If any term or provision of this lease is held invalid or
unenforceable, the remainder of this lease shall not be affected thereby and each term
and/or provision hereof shall be valid and enforced to the fullest extent permitted by law.
STANDARD FORM 2 3 HSCG82- 08- L- 8N3067
FEBRUARY 1965 EDITION —1 91—
25. DISPUTES (DEC 1998): This contract is subject to the Contract Disputes Act of 1978,
as amended (41 U.S.C. § 601 -613). Except as provided in the Act, all disputes arising
under or relating to this contract shall be resolved under this clause.
a. "Claim ", as used in this clause, means a written demand or written assertion by
one of the contracting parties seeking, as a matter of right, the payment of money
in a sum certain, the adjustment or interpretation of contract terms, or other relief
arising under or relating to this contract. A claim arising under a contract, unlike
a claim relating to that contract, is a claim that can be resolved under a contract
clause that provides for the relief sought by the claimant. However, a written
demand or written assertion by the Contractor seeking the payment of money
exceeding $100,000 is not a claim under the Act until certified as required by
subparagraph (b) (2) of this clause. A voucher, invoice, or other routine request
for payment that is not in dispute when submitted is not a claim under the Act.
The submission may be converted to a claim under the Act, by complying with
the submission and certification requirements of this clause, if it is disputed as to
either liability or amount or is not acted upon in a reasonable time.
b. (1) A claim by the Contractor shall be made in writing and, unless otherwise
stated in this contract, submitted within six (6) years after accrual of the claim to
the Contracting Officer for a written decision. A claim by the Government
against the Contractor shall be subject to a written decision by the Contracting
Officer.
(2) (i) The Contractor shall provide the certification specified in paragraph (d) (2) (iii)
of this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not
been submitted as all or part of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good
faith; that the supporting data are accurate and complete to the best of my knowledge
and belief; that the amount requested accurately reflects the contract adjustment for
which the Contractor believes the Government is liable; and that I am duly authorized
to certify the claim on behalf of the Contractor."
(3) The certification may be executed by any person duly authorized to bind the
Contractor with respect to the claim.
c. For Contractor claims of $100,000 or less, the Contracting Officer must, if
requested in writing by the Contractor, render a decision within sixty (60) days of
the request. For Contractor- certified claims over $100,000, the Contracting
Officer must, with sixty (60) days, decide the claim or notify the Contractor of the
date by which the decision will be made.
STANDARD FORM 2
4 HSCG82- 08- L- 8N3067
FEBRUARY 1965 EDITION —1 92—
d. The Contracting Officer's decision shall be final unless the Contractor appeals or
files a suit as provided in the Act.
e. If the claim by the Contractor is submitted to the Contracting Officer or a claim
by the Government is presented to the Contractor, the parties, by mutual consent,
may agree to use alternative dispute resolutions (ADR). If the Contractor refuses
an offer for ADR, the Contractor shall inform the Contracting Officer, in writing,
of the Contractor's specific reasons for rejecting the offer.
f. The Government shall pay interest on the amount found due and unpaid from (1)
the date that the Contracting Officer receives the claim (certified, if required), or
(2) the date that payment otherwise would be due, if that date is later, until the
date of payment. With regard to claims having defective certifications, as defined
in FAR 33.21, interest shall be paid from the date that the Contracting Officer
initially receives the claim. Simple interest on claims shall be paid at the rate,
fixed by the Secretary of the Treasury as provided for in the Act, which is
applicable to the period during which the Contracting Officer receives the claim
and then at the rate applicable for each six (6) month period as fixed by the
Treasury Secretary during the pendency of the claim.
26. ASSIGNMENT OF CLAIMS (JAN 1986): a. The Contractor, under the Assignment
of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as
"the Act "), may assign its right to be paid amounts due or to become due as a result of
the performance by contract to a bank, trust company, or other financing institution,
including any Federal lending agency. The assignee under such an assignment may
thereafter further assign, reassign, or reassign its right under the original assignment to
any type of financing institution described in the preceding sentence.
b. Any assignment or reassignment authorized under the Act and this clause shall cover
all unpaid amounts payable under this contract, and shall not be made to more than one
party, except that an assignment or reassignment may be made to one party as agent or
trustee for two or more parties participating in the financing of this contract.
c. The Contractor shall not furnish or disclose to any assignee under this contract any
classified documents (including this contract) or information related to work under this
contract until the Contracting Officer authorizes such in writing.
(i) When the date for commencement of rent falls on the 15`h day of the month or
earlier, the initial monthly rental payment under this contract shall become due on
the first workday of the month following the month in which the commencement
of the rent is effective.
(ii) When the date for commencement of rent falls after the 15th day of the month, the
initial monthly rental payment under this contract shall become due on the first
workday of the second month following the month in which the commencement
of the rent is effective.
STANDARD FORM 2
FEBRUARY 1965 EDITION
5 HSCG82- 08- L- 8N3067
—193—
27. This lease incorporates by reference the applicable clauses in GSA Form 3517A
( "General Clause "), with the same force and affect as if they were given in full text.
Upon request, the Government will make the full text available or the full text may be
found at http: / /www,gsa.Qov /leasingform.
28. This lease supersedes Permit No. Lease 08- 020 -62, which was negotiated with an
indefinite term.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the
date first above written.
LESSOR:
BY
(Signature) (Official title)
IN PRESENCE OF:
(Signature) (Address)
UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY / US COAST GUARD
BY: Anna Perez - Giuliani, Realty Specialist.
(Signature) (Official title)
STANDARD FORM 2
FEBRUARY 1965 EDITION
6 HSCG82- 08- L- 8N3067
—194—
CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: September 23, 2008
AGENDA ITEM: Authorizing the City Manager or designee to lease real property to the
United States Coast Guard for $1.00 a year for a term on nineteen years, nine months
(beginning on January 1, 2009 and ending on September 30, 2028) in connection with a
navigation marker mounted on the east wall of the South Texas Institute for the Arts
Building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut
'B' West Range Front Light (ACLL 7817) "; and providing for publication.
ISSUE: City Ordinance No. 6471 was approved on March 28, 1962 granting the U.S.
Coast Guard a revocable permit to install a navigation marker located near the City barge
docks on the south shore of the ship channel. This marker is one of the most critical
navigation aids for ships entering the Ship Channel. The Coast Guard has requested a new
long term lease which is proposed to begin January 1, 2009 and end on September 28,
2028 at an annual rate of $1.00 per year. This is the same rate included in the original
1962 permit.
Generally, an ordinance granting or authorizing the execution of a lease of City property for
more than five years must be read at two regular meetings of the City council. The
ordinance will not be acted upon until the twenty- eighth day after the first reading and
requires a publication of notice of the proposed lease within five days following each of the
two readings.
FUNDING: None required for this item.
RECOMMENDATION: Approval of the ordinance as presented.
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Kevin Stowers
Interim Director of Engineering Services
Background Information
City Council Exhibit (ANTON Front Light ACLL 7817)
U.S. Government Lease for Real Property
H:WOME\EUSEBIOG\GENWgenda Items \Coast Guard Navigation Marker IeasetAgenda Memorandum.doc
—195—
BACKGROUND INFORMATION
SUBJECT: Coast Guard Lease for Navigation Marker ACLL 7817
BACKGROUND: City Ordinance No. 6471 was approved on March 28, 1962 granting the
U.S. Coast Guard a revocable permit to install a navigation marker located near the City
barge docks on the south shore of the ship channel. The marker is now mounted on the
east wall of the South Texas Institute for the Arts Building as shown on the attached Exhibit
B. The navigation marker known as "Corpus Christi Channel Cut "B" West Front Light
(ACLL 7817) is needed for navigation purposes of ships approaching the ship channel.
The Coast Guard requested a long term lease to replace the current annual lease which
will conform to their new Homeland Security Policy. The Coast Guard originally requested
that the lease begin on September 1, 2008 and end on September 30th to coincide with
their fiscal year. However, due to the City Charter's two reading requirement and twenty -
eight day delay, this lease would not take effect until mid - December. The lease term has
been renegotiated and revised to begin on January 1, 2009 and end on September 30,
2028. Council approval of the ordinance is requested.
PRIOR COUNCIL ACTION:
1. March 28, 1962 - Ordinance authorizing and directing the City Manager
Of the City of Corpus Christi, for and on behalf of the City , to execute a contract in
the form of a Revocable Permit to the United States Coast Guard in lieu of a
Revocable Permit dated August 16, 1961, for the use by the United States Coast
Guard of an area 15 feet square located near the City barge docks on the south
shore of the ship channel, all as more particularly described and set forth in the
permit, a copy of which is attached hereto and made a part hereof, and declaring an
emergency. (Ordinance No. 6471)
PRIOR ADMINISTRATIVE ACTION: None
FUTURE COUNCIL ACTION: None
H:WOME\EUSEBIOG \GENWgenda Items \Coast Guard Navigation Marker lease \Background.doc
EXHIBIT A
—196—
-197-
FYHIRIT R
21
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: October 21, 2008)
Case No. 0908 -02. Martin Hameka: A change of zoning from a "FR" Farm -Rural District to an "I -2" Light
Industrial District resulting in a change of land use from vacant farm land to light industrial uses on property
described as 5.009 acres out of Margaret Kelly Land, Tract 3, Tracts A, B and C, located at 5802 Old
Brownsville Road, located north of Old Brownsville Road and approximately 1,100 feet southwest of
Westpoint and Old Brownsville Road intersection.
Planning Commission & Stafrs Recommendation (September 17, 2008): Approval of an "I -2" Light
Industrial District.
Requested Council Action: Approval of an "I -2" Light Industrial District.
Summary:
• Request: The applicant requests to rezone three tracts of land to develop the 5.009 acres of existing
"F -R" Farm -Rural District land into "I -2" Light Industrial District property. The property is
undeveloped agricultural land. With a change in zoning to light industrial, the property will be
developed with a 6,000 square foot metal building. It will be slab -on -grade concrete foundation. The
building will be divided into three separate spaces to be rented. The applicant has not specified the
type of light industrial uses that will occupy the rental spaces.
• The purpose of "F -R" Farm -Rural District is to allow outlying areas inside the city to be used for
agricultural purposes and to assist in the control of scattered commercial and industrial uses of the
land. The "F -R" District does not require any setbacks or limits on height of structures but does
require all single family uses to be located on lots a minimum of five acres in size.
• The purpose of the "I -2" Light Industrial zoning district is to provide for light industrial uses
including light manufacturing, open storage, fabrication, warehousing, and wholesale distributing, in
high or low buildings with access to an arterial street, freeway, or railroad in central or outlying
areas of the city. Commercial retail and service uses are allowed, but residential uses are not
allowed in the "I -2" Light Industrial District. Article 24 of the Zoning Ordinance, requires a
minimum front yard setback of twenty (20) feet without a minimum side or rear yard setback,
except when abutting a residential district, then ten feet is required.
• Existing Land Uses: The subject property is vacant. The adjacent property to the north is zoned a
"F -R" Farm -Rural District, for agricultural purposes. The property to the south and across Old
Brownsville Road is zoned an "I -3" Heavy Industry District and is vacant. The adjacent property to
the east is zoned an "I -2" Light Industrial District and is partially vacant with existing development
consisting of an industrial park and a communications company. The property to the west is zoned
"F -R" Farm Rural District and vacant.
• Flood Hazard: The subject property is in Zone C. Flood Hazard Zone C represents areas of
minimal flooding.
• Utilities: An 8 inch water line is located on Old Brownsville Road. Wastewater service is not
available. The site plan provided by the applicant proposes a septic field.
-201-
Agenda Memorandum
Case No. 0908 -02 (Martin Hameka)
Page 2
Transportation/Traffic Impact: The subject property is located on Old Brownsville Road
approximately 340' west of Tupper Lane. Brownsville Road is designated as a primary arterial street.
Based on the Institute of Transportation Engineers Trip Generation Manual, 76 Edition, development of
this property could generate approximately 42 trip ends on a weekday. , The number of additional trips
generated by the subject property will not have a significant impact on the capacity of Old Brownsville
Road.
• Public Safety:
o Police: The Corpus Christi Police Department will serve the proposed project and there is
no impact due to development.
o Fire: The existing fire station at 1550 Horne Road will serve the proposed project. There is
a fire hydrant at the southeast comer of the site with another hydrant proposed at the
southwest comer of the property.
• Potential Nuisances: The request for a change of zoning to the "I -2" Light Industrial District is
consistent with adjacent land uses so there are no potential nuisances.
• Comprehensive Plan Consistency: The Comprehensive Plan states the future land use for the
subject property and the adjacent property shall be light industrial. The subject property is located in
the Port/AirportNiolet (P.A.V.) Area Development Plan. The Comprehensive Plan identifies policy
statements for land use decisions. City Charter requires rezoning to be consistent with the
Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will
amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy
Statements and the Port/Airport/Violet Area Development Plan to ensure consistency of zone
change requests with the Comprehensive Plan:
Corpus Christi Policy Statements:
POLICIES - INDUSTRIAL
A. Provide adequate and suitably -zoned land for both light and heavy industries.
In recognition that not all industrial uses have the same locational or service needs, industrially
zoned land should be available in a variety of areas throughout the city. The quantity of available
land should be abundant enough to keep land prices at a level that will not discourage new
industries from locating in Corpus Christi. Provision of sufficient land for industry should take
into account the wide variety of needs and activities associated with industrial uses.
B. An active program should be developed to retain and expand existing industry.
One of the principal components of industrial growth comes from the expansion of existing
industry rather than from the development of new industry. Programs that will promote
competitively priced industrially -zoned land for expansion should be supported.
C. Properly planned industrial parks should be encouraged.
A primary objective is to attract new industry for Corpus Christi. Business should be
encouraged to develop in industrial parks that are properly planned and landscaped. Large
industrial parks are to be encouraged as they usually offer more utilities and amenities to
mitigate the effect of industrial development than do smaller, individual -lot developments.
Staff Comment: The proposed change of zoning consistent with General Policy Statement.
Agenda Memorandum
Case No. 0908 -02 (Martin Hameka)
Page 3
Port/Airport/Violet Area Development Plan (ADP) Policy Statements:
The specific goal of the Port/AirportNiolet Area Development Plan is to promote redevelopment of
under -used land and proper development of abundant vacant land in the area. An awareness of the
multiplicity of uses, variety of special interest groups, economic development needs, and long time
frame needed to bring about change influences the policies and plans. Some of the principal
objectives of the development plan are:
• Minimize incompatible land uses surrounding the airport while encouraging aviation
dependent industrial businesses to take advantage of the proximity and access to the
airport.
• Coordinate Port and Airport development with adjacent City controlled and regulated
public and private lands.
• Due to the strategic location of the study area consider the regional transportation needs
of the City, emphasizing transportation services linking the Port and Airport. The City's
ability to encourage compatible growth within, and adjoining, the airport is critical to
accomplishing the goals and objectives of this Plan. Formulation of a proactive but
flexible development strategy will maximize market opportunities, insuring adequate
public facilities and developments of the highest quality. Capitalizing on the market
potential of the airport area, the City's role must not be only one of regulator, but one of
partner and active participant. The key to this role is to achieve community consensus on
what should occur in the area, then to aggressively promote this common vision.
STAFF COMMENT:
• The promotion of light industrial activities is in the land use goal for this portion of the
Port/Airport/Violet area and the rezoning is consistent with the overall intent of the
Comprehensive Plan.
Notification: Of the twenty -four (24) notices mailed to the surrounding property owners zero (0) were
returned in favor and one (1) (33.53 %) was returned in opposition. The 20% rule is invoked. This case is
considered controversial. State law 20% rule is invoked when property owners who own 20% 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.
Bob Nix, AICP
Assistant City Manager of Development Services
FGM/blp
Attachments:
1) Zoning Report
2) Planning Commission Minutes (September 17, 2008)
3) Ordinance
PIM/Project Manager
SrCP /CP
Planning Director
H \PLN- DIR \ SHAREMBeverly 20013 CClSepe0M0908- 02AGENDAMEMD.doc — 2 0 3
CITY COUNCIL
ZONING REPORT
Case No.: 0908 -02
City Council Hearing Date: October 21, 2008
Applicant: Martin Hameka
Owner: Same
Representative: Mc Dowell Engineering
Address: 5802 Old Brownsville Road, Corpus Christi, TX
Legal Description/Location: 5.009 acres out of Margaret Kelly Land, Tract 3, Tracts A, B and
C, located at 5802 Old Brownsville Road, located north of Old Brownsville Road and
approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection.
Zoning
Request
From: "F -R" Farm -Rural District
To: "I -2" Light Industrial District
Area: 5.009 acres
Purpose of Request: To rezone three tracts of land for light industrial uses and construct a 6,000
square foot building with three rental spaces.
Existing Zoning and
Land Uses
Zoning
Existing Land Use
Future Land Use
Site
"F -R" Farm -Rural District
Vacant
Light Industrial
North
"F -R" Farm -Rural District
Vacant
Light Industrial
South
"I -3" Heavy Industrial
District
Light industrial uses and
vacant land
Light Industrial
East
"I -2" Light Industrial District
Commercial and light
industrial uses and vacant
land
Light Industrial
West
"F -R" Farm -Rural District
Vacant
Light Industrial
ADP, Map &
Violations
Area Development Plan: Port/Airport/Violet: The request for a change in zoning to an
"I -2 "Light Industrial use is consistent with the future land use in the Comprehensive Plan.
Map No.: 052040
Zoning Violations: None
Staffs Summary:
• Request: The applicant requests to rezone three tracts of land to develop the 5.009 acres of
existing "F -R" Farm -Rural District land into "I -2" Light Industrial District property. The property
is undeveloped agricultural land. With a change in zoning to light industrial, the property will be
developed with a 6,000 square foot metal building. It will be slab -on -grade concrete foundation.
-204-
Zoning Report
Case No. 0908 -02 (Hameka, Martin)
Page 2
The building will be divided into three separate spaces to be rented. The applicant has not
specified the type of light industrial uses that will occupy the rental spaces.
• The purpose of "F -R" Farm -Rural District is to allow outlying areas inside the city to be used for
agricultural purposes and to assist in the control of scattered commercial and industrial uses of the
land. The "F -R" District does not require any setbacks or limits on height of structures but does
require all single family uses to be located on lots a minimum of five acres in size.
• The purpose of the "I -2" Light Industrial zoning district is to provide for light industrial uses
including light manufacturing, open storage, fabrication, warehousing, and wholesale distributing,
in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying
areas of the city. Commercial retail and service uses are allowed, but residential uses are not
allowed in the "I -2" Light Industrial District. Article 24 of the Zoning Ordinance, requires a
minimum front yard setback of twenty (20) feet without a minimum side or rear yard setback,
except when abutting a residential district, then ten feet is required.
• Existing Land Uses: The subject property is vacant. The adjacent property to the north is zoned a
"F -R" Farm -Rural District, for agricultural purposes. The property to the south and across Old
Brownsville Road is zoned an "I -3" Heavy Industry District and is vacant. The adjacent property
to the east is zoned an "I -2" Light Industrial District and is partially vacant with existing
development consisting of an industrial park and a communications company. The property to the
west is zoned "F -R" Farm Rural District and vacant.
• Flood Hazard: The subject property is in Zone C. Flood Hazard Zone C represents areas of
minimal flooding.
• Utilities: An 8 inch water line is located on Old Brownsville Road. Wastewater service is not
available. The site plan provided by the applicant proposes a septic field.
Transportation/Traffic Impact: The subject property is located on Old Brownsville Road
approximately 340' west of Tupper Lane. Brownsville Road is designated as a primary arterial street.
Based on the Institute of Transportation Engineers Trip Generation Manual, 7ih Edition, development
of this property could generate approximately 42 trip ends on a weekday. The number of additional
trips generated by the subject property will not have a significant impact on the capacity of Old
Brownsville Road.
• Public Safety:
o Police: The Corpus Christi Police Department will serve the proposed project and there is
no impact due to development.
o Fire: The existing fire station at 1550 Horne Road will serve the proposed project. There
is a fire hydrant at the southeast corner of the site with another hydrant proposed at the
southwest corner of the property.
• Potential Nuisances: The request for a change of zoning to the "I -2" Light Industrial District is
consistent with adjacent land uses so there are no potential nuisances.
• Comprehensive Plan Consistency: The Comprehensive Plan states the future land use for the
subject property and the adjacent property shall be light industrial. The subject property is located
in the Port/Airport/Violet (P.A.V.) Area Development Plan. The Comprehensive Plan identifies
-205-
Zoning Report
Case No. 0908 -02 (Hameka, Martin)
Page 3
policy statements for land use decisions. City Charter requires rezoning to be consistent with the
Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning
will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi
Policy Statements and the Port/AirportNiolet Area Development Plan to ensure consistency of
zone change requests with the Comprehensive Plan:
Corpus Christi Policy Statements:
POLICIES - INDUSTRIAL
A. Provide adequate and suitably -zoned land for both light and heavy industries.
In recognition that not all industrial uses have the same locational or service needs, industrially
zoned land should be available i » ..a variety of areas - throughout the city. The quantity of
available land should be abundant enough to keep land prices at a level that will not discourage
new industries from locating in Corpus Christi. Provision of sufficient land for industry should
take into account the wide variety of needs and activities associated with industrial uses.
B. An active program should be developed to retain and expand existing industry.
One of the principal components of industrial growth comes from the expansion of existing
industry rather than from the development of new industry. Programs that will promote
competitively - priced industrially -zoned land for expansion should be supported.
C. Properly planned industrial parks should be encouraged.
A primary objective is to attract new industry for Corpus Christi. Business should be
encouraged to develop in industrial parks that are properly planned and landscaped. Large
industrial parks are to be encouraged as they usually offer more utilities and amenities to
mitigate the effect of industrial development than do smaller, individual -lot developments.
Staff Comment: The proposed change of zoning is consistent with General Policy Statement.
Port/Airport/Violet Area Development Plan (ADP) Policy Statements:
The specific goal of the Port/AirportNiolet Area Development Plan is to promote redevelopment of
under -used land and proper development of abundant vacant land in the area. An awareness of the
multiplicity of uses, variety of special interest groups, economic development needs, and long time
frame needed to bring about change influences the policies and plans. Some of the principal objectives
of the development plan are:
• Minimize incompatible land uses surrounding the airport while encouraging aviation
dependent industrial businesses to take advantage of the proximity and access to the
airport.
• Coordinate Port and Airport development with adjacent City controlled and regulated
public and private lands.
• Due to the strategic location of the study area consider the regional transportation needs of
the City, emphasizing transportation services linking the Port and Airport. The City's ability
to encourage compatible growth within, and adjoining, the airport is critical to
accomplishing the goals and objectives of this Plan. Formulation of a proactive but flexible
development strategy will maximize market opportunities, insuring adequate public facilities
and developments of the highest quality. Capitalizing on the market potential of the airport
area, the City's role must not be only one of regulator, but one of partner and active
-206-
CASE # 0908 -02
1. NEIGHBORHOOD — 2006 AERIAL
LOA
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CASE # 0905 -02
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CASE # 0908 -02
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1 ER J Estate Residential - ER
!LW?' Low. Density Residential. - LDR
Med Density Residential. - MDR
High Density Residential. - HDR.
Mobile Home - MH
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Commercial - COM
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Low Density Residential - LDR
Med Density Residential.. - MDR
High Density Residential. - HDR
Mobile Home - MH
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1 Po 1 Profession( Office - PO
Commercial. COM
Light Industrial- LI
Heavy Industrial -:Hl
Public Semi - Public - PSP
CASE #O
3. NEIGHBORHOOD - F
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SUBJECT
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908 -02
UTURE LAND USE
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Transportation Plan
_. •rg .•nosae
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Collectors •
Expressways _'___.
Parkway
++++F Railroad
DC
Tourist- TOR
Re:.earcblBusiness Park - RBP
Light Industrial - LI
He l vy Industrial - HI
PuLdic "1emi- Public - PSP
?ark
Oi ainage Corridor - DC
0; edge Placement - DP
Wafer
Gonservation1Preserration - CP
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Arterials " " "" ""
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Expressways
Parkway
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Tnn rsl- TOR
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Light Industrial - LI
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Public Semi-Public - PSP
Park
Drainage Corridor - DC
Dredge Placement- DP
Water
Conservation/Preservation - CP
LI
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CASE # 0908 -02
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6. SITE EXISTING ZONING,
NOTICE AREA & OWNERSHIP
A-1 Apa!trtent HoLI e 0SYnM 111
41A. lyaltment Hou &g5tnk 13
2-2 Apartment House District I3
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1A Ona Family Dwelling Dphut
1B One FalPly Dweling Dist Pt
1- One Family U 1IIO9 DPI Pt
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CASE # 0908 -02
PLANNING COMMISSION, STAFF
and APPLICANT RECOMMENDATION
From: "FR"
To: "I -2„
ORDINANCE:
Zoning Report
Case No. 0908 -02 (Hameka, Martin)
Page 4
participant. The key to this role is to achieve community consensus on what should occur in
the area, then to aggressively promote this common vision.
STAFF COMMENT:
• The promotion of light industrial activities is in the land use goal for this portion of the
Port/Airport/Violet area and the rezoning is consistent with the overall intent of the
Comprehensive Plan.
Street R.O.W.
Street
Urban
Transportation Plan
Type
Existing ROW
and Paved
Section
Planned ROW
and Paved
Section
Traffic Volume
Existing vs
Capacity
Old
Brownsville
Road
A -3, Primary Arterial
180 feet with 25-
30 feet of
pavement and
roadside ditches
130 feet, with 95
feet back of curb
to back of curb
No Counts
Available /Planned
capacity 36,000
ADT
Plat Status:
The subject property is not platted.
Planning Commission's and Staffs Recommendation: Approval of an "I -2" Light Industrial
District.
Number of Notices Mailed —
Favor
Opposition
(As of October 1, 2008)
17 within 200 foot notification area; 7 outside notification area
0 (inside notification area); 0 (outside notification area)
1 (33.53 %) (inside notification area); 0 (outside notification area)
This case is considered controversial.
Attachments: 1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site -2006 Aerial
5. Site — Subject Property
6. Site — Existing Zoning, Notice area, Ownership
7. Comments received from Public Notices mailed
8. Notice Mailing List
9. District Uses
10. City Charter — Article 5
11. Subject Property Aerial/Metes and Bounds
12. Planning Commission, Staff and Applicant Recommendation
—207—
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0908 -02 Revised
Name: Martin Hameka
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 24
Returned undeliverable: 2
I. Notices returned from within the 200 -foot notification area:
Favor: 0
Opposition: 1 (33.53% - Controversial)
#4 (33.53 %), Eamonn Timothy Williams, 413 Hoover Dr., Lewisville,
TX 78067 "We don't wish the taxes to increase."
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: 0
III. Responses received from owners /applicants of subject area:
Favor: 0
Opposition: 0
IV. Unsolicited responses received concerning subject area:
Favor: 0
Opposition: 0
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- 19 -
ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS
Section 4A4 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "F -R" Farm-Rural District. The purpose of this district is:
A. To permit the continued use of the land for agricultural property;
B. To assist in the control of scattered commercial and industrial uses of the land.
Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other
members of their families, and their employees. (Ordinance 22851, 02/18/97)
( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering
of the crops growing on the premises. (Ordinance 22851, 02/18/97)
(3) Field and truck crops.
( 4) Orchards and vineyards.
( 5) Greenhouses and nurseries.
( 6) Brush land and pasture land.
( 7) Livestock ranches, except swine, and guest ranches.
( 8) Sale and storage of hay and straw.
( 9) Oil and gas wells and appurtenances.
(10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi - public uses.
(11) Home occupations.
(12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track
operations, but not including passenger stations, freight terminals, switching and classification yards, repair
shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations.
(13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99)
(14) Accessory buildings and uses including but not limited to:
(a) Temporary sales stands for the sale of fans or ranch products produced on the premises,
provided only one such stand may be used on each fans or ranch, and shall be located not closer
than 30 feet from an adjoining property line, and not less than 40 feet from the roadway.
(b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to
exceed thirty-five (35) feet in height nor overhang or project into the public right-of-way and
pertain only to the products sold at the temporary sales stand or pertaining to such other permitted
uses in this district.
02/08
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(c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises
on which such sign is located, may not exceed the following parameters:
(Ordinance 25687, 03/30/04)
(1) For properties developed with single - family uses, the sign may not exceed six (6)
square feet, including rider signs, and in addition allow the use of one letter -sized flyer
box per premise. Only on sign per street frontage is allowed.
(2) For undeveloped properties containing not less than three (3) acres and not more than
five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen
(16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized
flyer box per premise is permitted.
(3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a
height of eight (8) feet and a sign area of 32 square feet. Only one sign per street
frontage is allowed. The use of one letter -sized flyer box per premise is permitted.
For the purposes of this section, street frontage includes frontage along a canal or a golf
course.
(15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or
bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01)
Section 4A -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this
Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5)
off - street parking spaces provided and so arranged that ingress and egress to such spaces are from
driveways approved by the Traffic Engineer of the City of Corpus Christi.
Section 4A-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained
in Article 23. For any use not contained in Article 23, no off - street loading regulations apply except that
loading and unloading shall take place off any public right -of -way.
Section 4A -5 Area Regulations. The lots in this area shall have an area of five (5) acres or more.
Section 4A-6 Supplementary height and area regulations are contained in Article 27.
02/08 F -R
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ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS
Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for
Tight manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off -
street loading and off-street parking for employees and with access by major streets or railroad in either
central or outlying locations.
Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "3-5" Primary Business District except for signs as enumerated in Item
(2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent
or temporary housing of persons except as described in Item (3) below.
(2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable
signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973,
Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas
Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby
adopted as the supplementary outdoor sign regulations for this zoning district and by this reference
is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06)
(3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on
the premises. (Ordinance 22851, 02/18/97)
(4) The following uses, and any similar uses which are not likely to create any more offensive noise,
vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum
amount normally resulting from other uses permitted, such permitted uses being generally
wholesale and retail trade, service industries, and light industries that manufacture, process, store,
and distribute goods and materials and are generally dependent on raw materials refined elsewhere
and manufacture, compounding, processing, packaging, or treatment, as specified of the following
products or similar products.
Chemicals, Petrolemn. Coal. and Allied Products
Cosmetics and toiletries
Ice manufacture, including dry ice
Ink manufacturing (mixing only)
Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds
(blending only)
Laboratories
Perfumes and perfumed soap (compounding only)
Pharmaceutical products
Soap, washing or cleaning, powder or soda (compounding only)
Clay. Stone. and Glass Products
Clay, stone, and glass products
Concrete products (except central mixing and proportioning plant)
Pottery and porcelain products (electric or gas fired)
Food and Beveraee
02/08
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Bakery products, wholesale (manufacturing permitted)
Beverage, blending, bottling (all types)
Candy, wholesale (manufacturing permitted)
Chewing gum
Chocolate, cocoa, and cocoa products
Coffee, tea and spices, processing and packaging
Condensed and evaporated milk processing and canning
Creamery and dairy operations
Dairy products
Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing
Flour, feed and grain (packaging, blending, and storage only)
Fruit and vegetable processing (including canning, preserving, drying, and freezing)
Gelatin products
Glucose and dextrine
Grain blending and packaging, but not milling
Ice cream, wholesale (manufacturing permitted)
Macaroni and noodle manufacture
Malt products manufacture (except breweries)
Meat products, packing and processing (no slaughtering)
Oleomargarine (compounding and packaging only)
Poultry packing and slaughtering (wholesale)
Yeast
jv(ptals and Metal Products
Agricultural or farm implements
Aircraft and aircraft parts
Aluminum extrusion, rolling, fabrication, and forming
Automobile, truck trailer, motorcycle, and bicycle assembly
Boat manufacture (vessels Tess than five tons)
Bolts, nuts, screws, washers, and rivets
Container (metal)
Culvert
Firearms
Foundry products manufacture (electrical only)
Healing, ventilating, cooking, and refrigeration supplies and appliances
Iron fabrication (ornamental)
Machinery manufacture
Nails, brads, tacks, spikes, and staples
Needle and pin
Plating, electrolytic process
Plumbing supplies
Safe and vault
Sheet metal products
Silverware and plated ware
Stove and range
Tool, die, gauge, and machine shops
Tools and hardware products
Vitreous enameled products
Textiles. Fibers and Beddine
Bedding (mattress, pillow, and quilt)
Carpet, rug and mat
02/08 1-2
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Hat bodies of fur and wool felt manufacture (including men's hats)
Hosiery mill
Knitting, weaving, printing, finishing of textiles and fibers into fabric goods
Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing)
Yarn, threads and cordage
Wood and Pacer Products
Basket and hamper (wood, reed, rattan, etc.)
Box and crate
Cooperage works (except cooperage stock mill)
Furniture (wood, reed, rattan, etc.)
Pencils
Planing and mill work
Pulp goods, pressed or molded (including paper mache products)
Shipping container (corrugated board, fiber, or wire bound)
Trailer, carriage, and wagon
Veneer
Wood products
Unclassified Uses
Animal pound
Animal, poultry, and bird raising, commercial
Automotive repair, minor, major, and heavy
Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell,
lumber, and the like)
Bus garage and repair shop
Button manufacture
Carbon paper and inked ribbons manufacture
Cigar and cigarette manufacture
Circus grounds
Cleaning and dyeing of garments, hats and rugs
Coal and coke storage and sales
Contractor's shop and storage yard
Exposition building or center
Fairgrounds
Fur finishing
Greenhouses, wholesale
Industrial vocational training school, including internal combustion engines
Kennels
Laboratories, research, experimental, including combustion -type motor testing
Leather goods manufacture, but not including tanning operations
Laundries
Livery stables and riding academy
Market, wholesale
Motion picture production
Outside storage
(i) All outside storage shall be screened from view from the at -grade public right -
of-way;
(ii) The outside storage may not be located in the required minimum building
setbacks.
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1 -2
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Printing, publishing, and engraving
Produce and storage warehouse
Railroad switching yard primarily for railroad service in the district
Theater, including a drive -in or outdoor theater
Tire sales and service
Tire retreading and vulcanizing shop
Truck or transfer terminal, freight
Truck sales and repair (heavy load vehicles)
Truck stop, with overnight accommodations permitted
Vehicle impound yard
Wholesale houses and distributors
Sports arena or stadium
Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may,
if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the 1-2" Light Industrial
District only after the location and nature of this use has been approved by the Board of Adjustment after public
hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use
until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that
necessary safeguards will be provided for the protection of surrounding property and persons. The Board in
reviewing the plans and statements shall consult with other agencies created for the promotion of public health and
safety. (Ordinance No. 25534, 10/21/03)
(1)
The storage of explosives used for perforating or fracturing (tracing) oil and gas well casing,
provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol,
Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal.
Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 20-5 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained
in Article 23.
Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of
Article 24, and in addition the following regulations shall apply:
20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining
an "R -IA ", "R -1B ", "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district.
20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining
an "R -IA ", "R -1B ", "R -2 ", "A -1 ", "A-1A", or "A -2" residential district.
20 -6.03 Whenever any building in the 1-2" Light Industrial District adjoins or abuts upon a
residential district, such building shall not exceed three stories nor 45 feet in height,
unless it is set back one foot from all required yard lines abutting such residential district
for each foot of additional height above 45 feet.
20 -6.04 Whenever any building or structure, including but not limited to a bird coop, canary,
corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light
Industrial District used to house animals, poultry, or birds in an animal pound,
coarmercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a
residential district, the building or structure shall be set back not less than 100 feet from
all required yard lines abutting a residential district.
02/08 1 -2
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(1) A Farm-Rural zoning district is not considered a residential district for the
purposes of this subsection.
(2) No setbacks are required for fenced pastures of at least one acre used to hold
livestock, such as cattle and horses. (Ordinance 24567, 08/28/01)
Section 20-7 Supplementary height and area regulations are contained in Article 27.
02/08 1 -2
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ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the `B -1" Neighborhood Business District. This district provides
primarily for retail shopping and personal service uses to be developed either as a unit or in individual
parcels to serve the needs of nearby residential neighborhoods.
Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes:
(1) Any use permitted in the "AB" Professional Office District.
(2) Automobile parking Tots.
(3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere.
(4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair,
custom cleaning shop not involving bulk or commercial type plants, household furniture
upholstery shop accessory to retail furniture sales, and bakeries.
(5) Fueling.
( 6) Offices and office buildings.
(7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No
portable sign is permitted within this district. (Ordinance 026735, 4/17/06)
(8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists'
studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving
stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and
other personal service uses of a similar character.
(9) Retail stores, including florist shops and greenhouses in connection with such shops, but there
shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of
oysters or processing of fish.
(10) Self - service Laundries.
(11) Undertaking business or establishment.
(12) Accessory buildings and used customarily incidental to the uses permitted in the district, except
that outside storage and outside sales area are not permitted.
(13) Hand operated or automated self - service car washes.
(14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with
no service bays.
Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 12-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained
in Article 23.
Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on
Article 24, and in addition the following regulations shall apply:
02/08
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12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining
an •R -1A ", `R -1B ", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district.
12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining
an "R -1A ", "R -1B ", "R -1C ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district.
Section 12 -6 Supplementary height and area regulations are contained in Article 27.
02/08 B-1
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ARTICLE 16. "11-4" GENERAL BUSINESS DISTRICT REGULATIONS
Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "B-4" General Business District. The purpose of this district is to
provide sufficient space in appropriate locations for all types of commercial and miscellaneous service
activities, particularly along certain existing major streets where a general mixture of commercial and
service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy
trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with
manufacturing.
Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Any use permitted in the "3-1" Neighborhood Business District.
( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters.
(3) Athletic field or baseball field.
( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and
storage. (Ordinance 22851, 02/18/97)
( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts
and tire sales and service within an enclosed building. Wholesale house of not more than 6,000
square feet in floor area.
( 6) Bowling alleys and billiard parlors.
( 7) Food storage lockers.
( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01)
( 9) Hotels, motels, or motor hotels.
(10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No
portable sign is permitted. (Ordinance 026735, 4/17/06)
(11) Printing, publishing, and engraving.
(12) Milk distributing stations, provided there is no bottling on the premises.
(13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers.
(14) Skating rink in an enclosed building.
(15) Swimming pool or natatorium.
(16) Accessory buildings and uses, except that outside storage is not permitted.
(17) Public or governmental buildings.
(18) Mini - storage enclosed. (Ordinance 24566, 08 /28/01)
02/08 B-4
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ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS
Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "11-5" Primary Business District. This district is located principally in
the central city area and is intended to provide for all types of business, commercial and service activities,
as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing
generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order
to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and
requirements for off -street parking and loading are included in the regulations.
Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes:
(1) Any use permitted in the "B-4" General Business District except one - family or two- family
dwellings unless the dwellings are ancillary to the main use and located in the same structure.
(2) Candy manufacture.
(3) Greenhouse or conservatory, commercial.
( 4) Drug or pharmaceutical products manufacture.
(5) Laboratories, research and experimental.
(6) Millinery manufacture.
( 7) Optical goods manufacture.
(8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33.
SUPPLEMENTAL SIGN -- REGULATIONS, PERMITS, PLATS AND FILING FEES.
Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may
project into the public right -of -way for a distance of not more than twenty-four (24) inches with a
clear height of nine (9) feet above the sidewalk and shall not extend above the height of the
building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project
above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee,
it shall not extend outside the line of' the canopy or marquee and shall maintain a clear height of
eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted.
Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification
Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code,
Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the
supplementary outdoor sign regulations for this zoning district and by this reference is
incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06)
( 9) Accessory buildings and uses.
Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except
for properties located east of U. S. Highway 181 and Upper Broadway Street where off -street parking is not
required.
(Ordinance 25390, 07/15/03)
Section 17-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained
in Article 23.
02/08 B-5
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Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in
the chart of Article 24, and in addition the following regulations shall apply:
17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining
an "R -IA ", "R -1B ", "R -IC" "R -2", "A -1 ", "A -1A ", or "A -2" residential district.
17 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining
an "R -1A ", "R -1B ", "R -1C" "R -2", "A -1 ", "A -IA ", or "A -2" residential district
Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08 B-5
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- 47 -
ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "AB" Professional Office District. This district is intended to
encourage office development of high character in attractive surroundings with types of uses and exterior
indication of these uses so controlled as to be generally compatible with single - family or multiple - family
dwellings conveniently located within or adjacent to the district.
Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Any use permitted in the "R -IA" One - family Dwelling District.
( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97)
( 3) Multiple - family dwellings.
( 4) Boarding, rooming, and lodging houses.
(5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a
service customarily carried on as a business.
( 6) Non - profit, religious, educational, and philanthropic institutions.
( 7) Business and professional offices and office buildings provided the following conditions are met:
(a) No building may be constructed with, or altered to produce a store front, show window,
or display window;
02/08
(b)
There shall be no display from windows or doors and no storage of merchandise in the
building or on the premises; and
(c) There shall be no machinery or equipment, other than machinery or equipment
customarily found in professional or business offices, used or stored in the building or on
the lot.
( 8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies
primarily to patients or occupants of the building; provided, however, there shall be no entrance to
such shop except from inside the building and further provided that there be no exterior signs
advertising such shop except as provided in item (13) of this section.
( 9) Child care centers.
(10) Apartment hotels. A business may be conducted within the building for the convenience of the
occupants of the building, provided there shall be no entrance to such place of business except
from inside the building and further provided that there be no exterior signs advertising such
business.
(11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician
including teaching of art, music, dancing or other artistic instruction, provided the following
conditions are met:
(a) No building may be constructed or altered to produce a store front, show window or
display window;
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AB
- 48 -
(b) There shall be no display from windows or doors;
(c) There shall be no storage of merchandise in the building or on the premises, and no
machinery or equipment other than customarily accessory to permitted uses;
(d) No exterior sign shall be permitted except as provided in item (13) of this section; and
(e) There shall be no adverse effect created on adjacent or neighborhood properties by reason
of dust, odor, vibration, glare or noise.
(12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof
signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06)
(13) Reserved. (Ordinance 024715, 12/18/01)
(14) Reserved.
(15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including
retail sales accessory to the main use. (Ordinance 24715, 12/18/01)
(16) Assisted living facility. (Ordinance 24566, 08 /28/01)
(17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01)
Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 11-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained
in Article 23.
Section 11 -5 Height, Ares, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in
the chart of Article 24, and in addition the following regulation shall apply:
11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or
sororities where no cooking facilities are provided in individual rooms or apartments.
Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08 AB
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- 25 -
ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS
Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this
article, are the regulations in the "R -1A" One - family Dwelling District. The purpose of this district is to
provide for single - family residential development of relatively more spacious character together with such
public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary
or are normally compatible with residential surroundings. The district is located to protect existing
development of high character and contains vacant land considered appropriate for such development in the
future.
Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not
including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an
extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and
provided no retail or wholesale business office or store is maintained on the premises.
(2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97)
(3) Churches and parish halls, temples, convents, and monasteries.
( 4) Colleges and schools, public and non - profit private schools, having a curriculum and conditions under
which teaching is conducted equivalent to a public school and institutions of higher learning. In connection
with the use of such premises as a college or school, the premises may be used for signs, excluding portable
signs, which are within 100 feet of a public street for identifying any permitted educational or related
athletic facility or publicizing related educational events provided that no sign contain any commercial
message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a
public street are permitted without restriction provided such sign does not incorporate flashing, moving, or
intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise
limited. Any sign not in compliance with this paragraph for the use of colleges and schools described
herein shall be granted the status of a nonconforming sign upon the registration of such sign with the
Building Official or his designated representative within six months of the effective date of this ordinance
verifying for each sign:
(a) that the sign was constructed and in use prior to January I, 1989;
(b) that the sign is used to identify or publicize educational or related athletic events;
(c) the location of the sign; and
(d) the percentage of total sign area which is used or dedicated to a commercial logo or
commercial message.
All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of
Article 26 -11. Nonconforming Signs of this Zoning Ordinance.
(5) Home occupations.
( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric
and telephone mains and incidental appurtenances.
( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges
and similar activities operated as a business), nonprofit, nongovernmental public recreation, and
community buildings.
02/08
R -1A
-243-
- 26 -
( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations,
but not including passenger stations, freight terminals, switching and classification yards, repair shops,
roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations.
( 9) Shell dredging in water submerged areas.
(10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during
development being conducted on the same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction, or upon the expiration of a period of two years from
the time of erection of such temporary buildings, whichever is sooner.
(11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on
which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04)
(a) For properties developed with single - family uses, the sign may not exceed six (6) square feet,
including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per
street frontage is allowed.
(b) For undeveloped properties containing not less than three (3) acres and not more than five (5)
acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet.
Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is
permitted.
(c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight
(8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of
one letter -sized flyer box per premise is permitted.
For the purposes of this section, street frontage includes frontage along a canal or a golf course.
(12) Child care homes.
(13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest
houses, swimming pools, home barbecue grills, storage, off - street parking and loading spaces, customary
church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or
intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi-
public uses.
(14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99)
(15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or
bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01)
Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 5-4 Off- street Loading Regulations. The off - street loading regulations for permitted uses are contained in
Article 23.
02/08 R -1A
-244-
- 27 -
Section 5 -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the
chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this
Ordinance and have the same force and effect as if all the notations and requirements set forth therein were
fully set forth or described therein. In the "R -IA" District all lots in platted subdivisions may comply with
the lot area and yard requirements of the "R -IB" District as minimum requirements.
Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08
-245-
R -IA
City Charter - Article V
ARTICLE V. PLANNING
Sec. 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public Interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting in August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city coundl regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; (2) Review and make
recommendations: to the city coundl on all proposals to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; (3) Monitor and oversee the effectiveness of the
comprehensive plan, review and make recommendations to the coundl on any
amendments to the plan, and forward to the coundl comprehensive updates to the
plan at least once every five years; (4) Review and make recommendations to the
city coundl regarding zoning or zoning changes in a manner to insure the
consistency of any such zoning or changes in zoning with the adopted
comprehensive plan; (5) Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city In a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
(6) Review and make recommendations to the city council on the city's annual
budget and any capital improvement bond program.
(b) The departments of the city govemment shall cooperate with the planning
commission in fumishing it such information as is necessary in relation to its work.
(c) The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the dty's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
thereof, including neighborhood, community and, area -wide plans. The
—246—
comprehensive plan shall include the following elements: (1) A future land -use
element; (2) An annexation element; (3) A transportation element; (4) An economic
development, element; (5) A public services and facilities element, which shall
include a capital improvement program; (6) A conservation and environmental
resources element; and (7) Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall Include policies for its implementation
and shall be implemented, in part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following Its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as forth in this section.
Sec. 5. Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
-247-
A1INMggi!I
N. UNE OF
TRACT 3
' NO VISIBLE OR APPARENT PIPELINES
AFFECT THE PROPERTY.
R.O.W. • TO AMOCO PIPELINE CO.
IN V. 285, P. 830, ( DRNCT)
DOES NOT AFFECT THIS PROPERTY.
R.O.W. TO HANLON PIPELNE CO.
IN V. 248, P. 158, ( DRNCT)
DOES NOT AFFECT THIS PROPERTY.
• C.P.L ESMT AND R.O.W. IN
V. 281, P. 406, (DRNCT) IS
BLANKET FOR AREA.
133.61 AC.
OF
TRACT 3
MARGARET KELLY LANDS
sunk Idatitesnotspenalao
OUR LADY OF THE LAKE CONVENT
50AC.
(S 89° 54' 00 °E 268.85')
[S 90° 00' 00'E 268.92]
RN
WW
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n 0 b
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oo
81.44' I 85.78'
ti
TRACT A
5.009 AC. I
OF THE 5.009 AO
OF TRACT 3,II
'AIAHGARET KELLY Ii011D
TRACT B
BB.TY
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FROM ERVIG, WC.
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a
CORKSOMMJEUS
m.at .... ».mom.
5.009 Acres
out of Traci 3, Margaret Kay L800
V. 5, P. 40, ( MRNCT)
Corpus Cat Naas Comfy. Tea
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Airminewr 1/
STATE OF TEXAS JOB NO. 07-0512
COUNTY OF NUECES
5.009 ACRES
ALL that certain tract or parcel of land situated in Nueces County, Texas, same
tying within the Corporate City Limits of Corpus Christi, Texas, same being out of
Tract 3 of the subdivision of the Margaret Kelly Land as recorded in Volume 8,
Page 40 of the Map Records of Nueces County, Texas, same being Tracts A, B and C
as described and conveyed In Volume 1548, Page 441, Volume 1548, Page 450 and
Volume 1548, Page 459 of the Deed Records of Nueces County, Texas, and described
by metes and bounds as follows, to-wit:
BEGINNING at a 5/8 Inch iron rod found for the Northeast corner of this tract,
same being the Northeast corner of said Tract C, same lying in the North boundary
line of said Tract 3, same being the Northwest corner of Prewit Industrial Village as
recorded in Volume 37, Pages 60-61 of the Map Records of Nueces County, Texas;
THENCE, along the West boundary line of said Prewit Industrial Village, SOUTH
00 degrees 00 minutes 00 seconds WEST 69339 feet to a B inch iron rod found for
the Southeast corner of this tract, same being the Southeast corner of said Tract C,
same being the Southwest corner of said Prewit Industrial VWage, same lying in the
Northwest right-of-way margin of Old Brownsville Road;
THENCE, along said Northwest right-of -way margin of Old Brownsville Road,
SOUTH 49 degrees 09 minutes 51 seconds WEST 356.73 feet to a 5/8 inch iron rod
set for the Southwest corner of this tract, same being the Southwest corner of said
Tract A, same being the Southeast corner of a 133.61 acre tract out of said Tract 3;
THENCE, along the common boundary line of this tract with said 133.61 acre tract,
NORTH 00 degrees 03 minutes 52 seconds EAST 927.12 feet to a 5/8 inch Iron rod
found for the Northwest corner of this tract, same being the Northwest corner of
said Tract A, same being the Northeast corner of said 133.61 acre tract, same lying
in said North boundary line of said Tract 3;
THENCE, along the North boundary line of this tract and of said Tract 3, SOUTH
89 degrees 54 minutes 00 seconds EAST 268.85 feet to the place of beginning and
containing 5.009 acres of land.
I hereby cerdfy that this survey as reflected in the above Field Notes and attached
plat conforms to the current Texas Surveyors Association Standards and
Specifications for a Category IA, Condition II Land Survey.
2c+0BRv
Dated this the 27devpf Juc..•7
�✓ i
SEAL:
Ronald A. Voss,
Registered Professional Land Surveyor No.2293
-249-
toro8- a2.(Pfv:.
KELLY MARGARET
F -R
BROWN LEE'
11
z
From: FR"
To: "I-2"
100 200
.Feet
WOMACK FARM
D STRIAL ILLAGE
R -18
/ -3
DAWSON ADDITION
maw
Prepared By: SRR
Department of Development Services
CASE # 0908 -02
PLANNING COMMISSION, STAFF
and APPLICANT RECOMMENDATION
From: "FR"
To: "1 -2"
ORDINANCE:
ocn
CCM
N
"i"x
Vi•T
SUBJECT
PROPERTY
LOCATION MAP
es.
f
City of
Corpus
Christi
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday September 17, 2008
5:30 P.M.
COMMISSIONERS:
Rudy Garza, Chairman
A. Javier Huerta, Vice - Chairman *arrived at
5:31p.m.
John C. Tamez
Johnny R. Martinez
James Skrobarczyk
Evon J. Kelly
Govind Nadkarni *arrived at 5:32p.m.
David Loeb
Mark Adame
ABSENCES:
None
1. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:30 p.m. by Chairman
Garza.
STAFF:
Bob Nix, AICP Assistant City Manager of
Development Services
Johnny Perales, PE, Deputy Director of
Development Services/ Special Services
Faryce Goode - Macon, Assistant Director of
Development Services/Planning
Miguel Saldana, Special Services
Bob Payne, AICP, Senior City Planner
Jay Reining, First Assistant City Attorney
Yvette Aguilar, Attorney I
Beverly Lang- Priestley, Recording Secretary
III. PUBLIC HEARING AGENDA ITEMS
B. ZONING
1. New Zoning
a. Case No. 0908 -02
Martin Hameka - A change of zoning from a "F -R" Farm Rural
District to an "1 -2" Light Industrial District resulting in a change of
land use from vacant farm land to light industrial uses
5.009 Acres out of Margaret Kelly Land, Tract 3 located at 5802
Old Brownsville Road, located north of Old Brownsville Road and
approximately 340 feet west of Tupper Lane.
Mr. Robert Payne, Development Services, presented the above case via Power Point stating
the applicant is Martin Hameka and the subject property is located on Old Brownsville Road. Mr.
Payne stated the request is for a change of zoning from a "FR" Farm -Rural District to an
"I -2" Light Industrial District for the construction of a 6,000 square foot building with three rental
spaces. Mr. Payne stated that the subject property is five acres and vacant. The adjacent property
to the north and west, also zoned "FR" Farm- Rural, is vacant. The property to the south and across
Old Brownsville Road is zoned "I -3" Heavy Industrial and is vacant. Mr. Payne stated the property
to the east of the subject property is zoned "I -2" Light Industrial and is partially vacant with
existing development consisting of an industrial park and a communications company.
-251-
Planning Commission Minutes
September 17, 2008
Page 2
Mr. Payne stated the purpose of the "F -R" District is to allow outlying areas inside the city
to be used for agricultural purposes and requires all single family uses to be located on lots with a
minimum of five acres in size. The purpose of the "I -2" Light Industrial zoning district is to
provide for light industrial uses including light manufacturing, open storage, warehousing, and
wholesale distributing. Mr Payne stated commercial retail and service uses are allowed, but
residential uses are not allowed in the "I -2" Light Industrial District. Mr. Payne stated the Future
Land Use Map indicates light industrial for the area and staff recommends approval. Of the 24
notices mailed, only one was returned and it was in opposition due to concern of increased taxes.
In response to Commissioner Skrobarczyk, Mr. Payne stated the subject property is not in
an AICUZ area.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner
Tamez. Motion passed unanimously.
-252-
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY MARTIN HAMEKA, BY CHANGING THE ZONING MAP IN
REFERENCE TO 5.009 ACRES OUT OF MARGARET KELLY LAND,
TRACT 3, SAME BEING DESCRIBED AS TRACTS A, B, AND C, FROM
"FR" FARM -RURAL DISTRICT TO "1 -2" LIGHT INDUSTRIAL
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Martin Hameka, 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,
September 17, 2008, during a meeting of the Planning Commission, and on Tuesday,
October 21, 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 5.009 acres out of Margaret Kelly Land, Tract 3,
same being Tracts A, B, and C, as described and conveyed in Volume 1548, Page 441,
Volume 1548, Page 450 and Volume 1548, Page 459 of the Deed of Records of
Nueces County, Texas, located north of Old Brownsville Road and approximately 1,100
feet southwest of Westpoint and Old Brownsville Road intersection, from "FR" Farm -
Rural District to "1-2" Light Industrial District. (Zoning Map 052040) (Exhibit A)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
Q:GSharecNapAgenda12 008 \10- 21\oRD- zoning0908- 02Harrre rdoc
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35 -3 of the Zoning
Ordinance of the City of Corpus Christi.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council 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 21st day of October, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
Mayor, City of Corpus Christi
City Secretary
APPROVED: October 13, 2008
Y
Assistant City ttomey
For City Attorney
Q:\SharedWaytgenda\200B 10- 21\ORD- zoning090B- 02Har2R942.doc
Page 3 of 3
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 Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Q:\Shared\Jay\Agenda12008\10 -21 \ORD -zon ing0908- 02Ham€k'd- r2.doc
KELLY MARGARET
F -R
11
y
C
D STRIAL LLAGE
From: FR"
To: 1-2"
0 100 200
ocFeet
WOMACK FARM
R -18
1 -3
DAWSON ADDITION
W24/2008
Prepared By: SRR
Department Of Denelppm nr SOMME
CASE # 0908 -02
PLANNING COMMISSION, STAFF
and APPLICANT RECOMMENDATION
From: "FR"
To: "1 -2"
ORDINANCE: eXy ,,g I T A
!30
CCY
SUBJECT
PROPERTY
1.
000
BEAR
/
City of
LOCATION MAPI i `Chr7sti
STATE OF TEXAS
COUNTY OF NUECES
5.009 ACRES
30B NO. 07-0512
ALL that certain tract or parcel of land situated in Nucces County, Texas, same
lying within the Corporate City Limits of Corpus Christi, Tram, same being out of
Tract 3 of the anbdlvblon of the Margaret Kelly Land as recorded in Volume 8,
Page 40 of the Map Records of Nunes County, Texas, same being Tracts A, B and C
at described and conveyed In Volume 1548, Page 441, Volume 1548, Page 450 and
Volume 1548, Page 459 of the Deed Records of Nunes County, Texas, and described
by mew and bounds as follows, to -wit:
BEGINNING at a 5/8 inch iron rod found for the Northeast corner of this tract,
same being the Northeast corner of said Tract C, same lying in the North boundary
line of said Tract 3, same being the Northwest corner of Prewlt Industrial Village as
recorded in Volume 37, Pages 60-61 of the Map Records of Nueces County, Texas;
THENCE, along the West boundary line of raid Prewit Industrial Village, SOUTH
00 degrees 00 minutes 00 seconds WEST 69339 feet to • 31 Inch Iron rod found for
the Southeast earner of this tract, same being the Southeast comer of aid Tract C,
same being the Southwest corner of said Prewlt IndueMab Village, some lying In the
Northwest right -of -way margin of Old Brownsville Road;
THENCE, along said Northwest right -of -way margin of Old Brownest8e Road,
SOUTH 49 degrees 09 minutes 51 seconds WEST 356.73 fee to • 5/8 inch Iron rod
set for the Southwest corner of this tract, nine being the Southwest comer of said
Trees A, same being the Southeast corner of a 133.61 acre tract out of said Tract 3;
THENCE, along the common boundary line of this tract with said 133.61 acre tract,
NORTH 00 degrees 03 minutes 52 seconds EAST 927.12 feet to a 5/8 Inch iron rod
found for the Northwest corner of this tract, same being the Northwest corner of
said Tract A, same being the Northeast corner of aid 133.61 acre tract, same lying
its. said North boundary line of said Tract 3;
THENCE, along the North boundary line of this tract and of said Tract 3, SOUTH
89 degrees 54 minutes 00 seconds EAST 268.85 feet to the piece of beginning and
containing 5.009 acres of land.
I hereby certify that this survey as reflected N the above Field Notes and attached
plat conforms to the current Texas Surveyors Association Standards and
Specifications for Category IA, Condition H Land Survey.
2[01
D
tV
ated this the 27dagpf J "4"," SOP.'
SEAL:
Ronald A. Von,
Reghtered Professional Land Surveyor No.2293
-257-
p9D8- eta (kevisei
OUR LADY OF THE LAKE CONVENT
50AC.
(S 89' 54' 00'E 286.85')
IS 90.00' 00'E 288.929
x. UNE OF
TRACT5
• NO VISIBLE OR APPARENT PIPELINES
AFFECT THE PROPERTY.
• R.O.W. TO AMOCO PIPENNE CO.
IN V. 255. P.538 (DPLICT)
DOES NOT AFFECT TNIBPROPERTY.
• R.O.W. TO HANLON PIPELINE CO
IN V. 208, P. 168. (ORNCT)
GOES NOT AFFECT THIS PROPERTY.
• C.P.L ESMT AND R.O.W.1N
V. 284, P. 101, 1ORNCT)'8
BLANKET FOR MEM
133.61 AC.
OF
TRACT3
MARGARET KELLY LANDS
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MARGARET KELLY WC
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71914I616178191 10111I12I191
120'
TYPICAL 10X20 PARKING SPACES
BUILDING /PARKING LAYOUT
—w— EXISTING 8" WATER LINE
b EXISTING FIRE HYDRANT
-- DIR. OF SURFACE DRAINAGE
PROPOSED CHAINLINK FENCE
PROPOSED SEPTIC FIELD
PROPOSED WATER SERVICES
AND METERS (3 TOTAL)
® PROPOSED FIRE HYDRANT
<= DIRECTION OF TRAVEL
PROPOSED IMPROVEMENTS
MARGARET KELLY LAND, 5 AC OF TR 3
MARTIN HAMEKA, OWNER
AUGUST 28, 2008
McDowell Engineering, Inc.
710 Buta s St. Suite 309 Corpus Christi, DC 78401
Office: 361 -887 -2131 Fax: 361- 887 -0920
7
1
-259-
.soar -oz
22.
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: October 21, 2008)
Case No. 0908 -03, Brown & Ortiz, P.C.: A change of zoning from a "RE" Residential Estate District to a
"B -3" Business District resulting in a change of land use from vacant to retail uses on property described as
3.777 acres, being part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, Volume
A, Page 42, Nueces County, TX, located west of Flour Bluff Drive approximately 130 feet north of the Flour
Bluff and Compton Road intersection.
Planning Commission & Staff's Recommendation (September 17, 2008): Approval of a'B -3" Business
District.
Requested Council Action: Approval of a "8 -3" Business District.
Summary:
• Request: The applicant is requesting a change of zoning on 3.777 acres from "RE" Residential Estate
District to `B -3" Business District. The property is located on the west side of Flour Bluff Drive,
approximately 1,000 feet south of the South Padre Island Drive and Flour Bluff Drive intersection.
The subject property is approximately 1,300 feet deep and 126.5 wide. The purpose of the request is to
rezone the 3.777 acres and combine the property with the 10.366 acre `B -3" Business District to the
north for a major retail center of 100,000 tol 45,000 square feet.
• Existing Land Uses and Zoning: The adjacent property to the north is vacant and zoned
"B -3" Business District. To the south the property contains one residence and is zoned
"RE" Residential Estate (one unit per acre). To the east across Flour Bluff Drive the property is
zoned 13-3" Business District and developed with commercial and public (church) uses. To the
west the property is vacant and zoned `B -3" Business District Regulations.
The existing "R -E" Residential Estate District allows single family uses on one acre lots. The front
yard setback is 50 feet with a 25 foot side and rear yard setback. Minimum height is 35 feet or three
stories. The property is located under a Navy designated Air Installation Compatible Use Zone
(AICUZ), Accident Potential Zone II which recommends low density residential use of one to two
units per acre maximum density (Attachment 12). The "RE" is frequently used as a zoning district
for areas that are under the AICUZs.
The proposed `B -3" Business District allows office and retail commercial uses. The front yard
setback is 20 feet and the rear and side yard setbacks are 0 feet unless adjacent to a residential
district, then a 10 foot setback is required. The `B -3" District does not allow permanent residential
uses and was originally created by the City for a commercial district for use under the Navy's Air
Installation Compatible Use Zones.
• Existing Circulation: The property is adjacent to Flour Bluff Drive which is constructed as a two
lane rural cross section with roadside drainage ditches. The proposed 2008 Bond Program contains
a $6,850,000 two phase project for improvement of Flour Bluff Drive between SPID and Don
Patrick) Road. This project includes the reconstruction and widening of the existing unimproved two
lane roadway with a turning lane where necessary. Other improvements include: curb and gutter,
sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. This project
will include a bike path.
-263-
Agenda Memorandum
Case No. 0908 -03 (Brown & Ortiz, P.C.)
Page 2
• Utilities: The nearest water lines (8 ") available to the subject property are at the northeast corner of
the lot, along South Padre Island Drive and along Compton Road. An eight inch sewer line is
adjacent to the northern edge of the subject property.
• Flood Hazard: The subject property is in Zone C, which is not within the 100 year flood plain.
• Drainage: Prior to permitting for development the property will need to be platted which will
require a storm water quality master plan to address all drainage issues. Currently, there is not an
adopted storm water master plan for the area.
• Public Safety:
o Police: The Corpus Christi Police Department serves the subject property area.
o Fire: There is a hydrant approximately 120 feet from the subject property. The closest fire
station is number 13, located at 1802 Waldron Road, approximately one mile away.
• Future Land Use Plan: The subject property is designated for estate residential uses in the
Comprehensive Plan. However, immediately adjacent to the north, the adopted land use plan calls
for commercial uses. While the proposed commercial use is not specifically consistent with the land
use map, the proposed land use is generally consistent with the plan since the property could be
combined with the commercial zoning to the north to form a major commercial node at a strategic
freeway /arterial intersection.
• Urban Transportation Plan: The subject property is located on Flour Bluff Drive approximately
1,000 feet from the intersection of South Padre Island Drive and Flour Bluff Drive. South Padre
Island Drive is designated as a Freeway and Flour Bluff Drive is an arterial and in the Urban
Transportation Plan. The planned future right -of -way for Flour Bluff Drive is 95 feet with four (4)
lanes and a center turn lane. Also, the Transportation Plan calls for an east/west C -1, 60 foot right -
of -way, two lane collector street to extend from Flour Bluff Drive west and parallel to South Padre
Island Drive. Placing the proposed collector on the southern edge of the subject property would
provide a desirable boundary between the commercial and residential uses and would aid circulation
to and from the major commercial site at the SPED/Flour Bluff Drive comer.
The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system,
which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than
twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the
performance of a road system and to quantify the Community's overall goals for road system
performance. Based on current average daily trips at 18,880, the roadway is estimated to be
functioning at less than Level of Service C. The Urban Transportation Plan indicates that the
capacity at LOS C for a two lane collector street is 3,000 trips per day.
• Comprehensive Plan Consistency: While the proposed rezoning is not consistent with the land
use map, the proposed rezoning may be considered consistent with the Comprehensive Plan when
taking into account the need to place high density commercial activities at major comer locations.
The subject property is located in the Flour Bluff Area Development. Broadly, the plan encourages
growth while maintaining a balance between private property owners and the continued operation of
the Naval Air Station. Several policy statements are available in the Corpus Christi Policy
Statements and the Flour Bluff Area Development Plan to assure rezonings are consistent with the
City's Comprehensive Plan.
-264-
Agenda Memorandum
Case No. 0908 -03 (Brown & Ortiz, P.C.)
Page 3
Corpus Christi Policy Statements:
• Residential Policy c:
COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL
AREAS SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN.
Commercial development can be a great convenience adjacent to a residential neighborhood,
providing goods, services, and employment within walking distance. However, care must be taken
in design of commercial property to make sure the use is compatible with adjacent residential
development. Traffic from commercial areas should be routed away from residential areas. In order
to protect residential areas, open space, screening fences, and landscaping should be required and
loud or disruptive uses should be prohibited unless other design techniques are used to make the
uses compatible.
Staff Comment: Placing the proposed collector street between the commercial uses and the low
density residential use will help to create a buffer between the two land uses and assure an efficient
circulation system.
• Commercial Policy b:
MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR
FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS,
SCREENING FENCES, OPEN SPACE AND LANDSCAPING.
Compact commercial centers should be located at major intersections. Commercial centers that are
compact as opposed to linear in form provide for a grouping of activities. Such grouping of
activities generally permits more effective traffic management, i.e., left turn conflicts can be
minimized, entryways /exits can be designed to serve several businesses and right turns onto major
streets can be encouraged.
Commercial centers should also be designed so that the impacts of automobile intrusion, noise, and
visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping
can provide an essential buffer between shopping and residential areas. (See Attachment 11: Figure
4 Optimal Locations for Medium and High Density Developments.)
Optimal locations for medium and high density developments are identified in Figure 4: Optimal
Locations for Medium and High Density Developments of the Corpus Christi Policy Statements
(Attachment 11) which discourages strip development along arterial streets. Compact high density
development should be located at the intersection of major streets to reduce left tuming movements
at mid -block locations. High- density development should provide sufficient open space,
landscaping, and/or buffer zoning to create a smooth transition between uses.
Staff Comment: The proposed rezoning will help create the necessary acreage for a major
commercial center with access to a high capacity freeway /arterial intersection.
Flour Bluff Area Development Plan
The specific goals and objectives of the Flour Bluff Area Development Plan include:
• Encourage or require responsible growth that will preserve the existing natural environment. The
environment in Flour Bluff is unique to Corpus Christi. Awareness of the value of wetlands as a
natural resource and as retention ponds, and woodlands and brushlands for habitat are needed to avoid
destruction of these important resources.
-265-
Agenda Memorandum
Case No. 0908 -03 (Brown & Ortiz, P.C.)
Page 4
• Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The
presence of the Naval Air Station is important to the economy of Corpus Christi and every effort
should be made to encourage their continued operation.
• Propose appropriate land uses and a compatible transportation network to serve future land uses.
Facilitate infrastructure planning through a reasonable estimate of future land use and densities.
• Creation of a clean, litter free environment with adequate public services. Illegal dumping is a major
concern on Flour Bluff, which affects the quality of life in the area.
• Continue large lot development in the southwest quadrant to maintain the distinct atmosphere
established by existing development and use.
• Preserve and enhance public access and recreational opportunities along the Laguna Madre and Cayo
del Oso.
• Organize vehicular movement through the area, establishing gateways /entrances, pedestrian and
vehicular pathways as practical.
• Revitalize deteriorated housing and promote new residential development consistent with the
Comprehensive Plan and not in conflict with infrastructure availability, Air Installation Compatible
Use Zones, flood plains or other factors.
Staff Comment: The proposed rezoning is generally consistent in terms of the type of district relative to
the Navy flight zones and the existing and planned infrastructure.
Notification: Of the fifteen (15) notices mailed to the surrounding property owners one (1) notice was
returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is
considered noncontroversial. State law 20% rule is invoked when property owners who own 20% 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.
777-1-44
Bob Nix, AICP
Assistant City Manager of Development Services
FGM/blp
Attachments:
1) Zoning Report
2) Planning Commission Minutes (September 17, 2008)
3) Ordinance
H :PLN- DIRISHARED\Bevnrby2008 CCSept'o8\0908 -03AGENDAMEMO.doc
PIM/Pmlat Manager 4
SrCP /CP
Planning Director
CITY COUNCIL
ZONING REPORT
Case No.: 0908 -03
City Council Hearing Date: October 21, 2008
Applicant &
Legal
Description
Applicant: Brown & Ortiz, P.C.
Owner: Gene Allen (c /o Sue Allen); Roger D. Rape; James R. Cameron (c /o Wells Fargo)
Representative: Kenneth W. Brown, AICP; Brown & Ortiz, P.C.
Address: Approximately 1,180 feet south of the southwest corner of Flour Bluff and South Padre
Island Drive, located at 1302 Flour Bluff Drive, Corpus Christi, TX 78418, Nueces County
Legal Description/Location: 3.777 acres, consisting of part of Lot 6 and Lot 7, Section 41, Flour
Bluff and Encinal Farm and Garden Tracts, Volume A, Page 42, NCMR, Nueces County, Texas
Zoning
Request
From: "RE" Residential Estate
To: "B -3" Business District
Area: 3.777 acres
Purpose of Request: The property to be rezoned will be used (in conjunction with the adjacent
property to the north) for retail purposes.
Zoning
Existing Land Use
Future Land Use
Site
"RE" Residential Estate
Vacant
Estate Residential (up to
one dwelling per acre)
North
"B-3" Business District
Regulations
Commercial and Vacant
Commercial
South
"RE" Residential Estate
Partially Vacant, One
Residence
Estate Residential (up to
one dwelling per acre)
East
"B-3" Business District
Regulations
Commercial and Public
Uses
Commercial
West
"RE" Residential Estate
Vacant
Estate Residential (up to
one dwelling per acre)
Area Development Plan: The Flour B uff Area Development Plan encourages responsible
growth that will provide desirable neighborhoods, adequate public services while preserving the
natural environment and assure compatibility with the Naval Air Station flight patterns.
Map No.: 036032
Zoning Violations: None
—267—
Zoning Report
Case No. 0908 -03 (Brown & Ortiz, PC)
Page 2
Staff's Summary:
• Request: The applicant is requesting a change of zoning on 3.777 acres from "RE" Residential
Estate District to `B -3" Business District. The property is located on the west side of Flour Bluff
Drive, approximately 1,000 feet south of the South Padre Island Drive and Flour Bluff Drive
intersection. The subject property is approximately 1,300 feet deep and 126.5 wide. The purpose of
the request is to rezone the 3.777 acres and combine the property with the 10.366 acre
"B -3" Business District to the north for a major retail center of 100,000 to145,000 square feet.
• Existing Land Uses and Zoning: The adjacent property to the north is vacant and zoned
"B -3" Business District. To the south the property contains one residence and is zoned
"RE" Residential Estate (one unit per acre). To the east across Flour Bluff Drive the property is
zoned `B -3" Business District and developed with commercial and public (church) uses. To the west
the property is vacant and zoned `B -3" Business District Regulations.
The existing "R -E" Residential Estate District allows single family uses on one acre lots. The front
yard setback is 50 feet with a 25 foot side and rear yard setback. Minimum height is 35 feet or three
stories. The property is located under a Navy designated Air Installation Compatible Use Zone
(AICUZ), Accident Potential Zone II which recommends low density residential use of one to two
units per acre maximum density (Attachment 12). The "RE" is frequently used as a zoning district
for areas that are under the AICUZs.
The proposed "B -3" Business District allows office and retail commercial uses. The front yard
setback is 20 feet and the rear and side yard setbacks are 0 feet unless adjacent to a residential
district, then a 10 foot setback is required. The `B -3" District does not allow permanent residential
uses and was originally created by the City for a commercial district for use under the Navy's Air
Installation Compatible Use Zones.
• Existing Circulation: The property is adjacent to Flour Bluff Drive which is constructed as a two
lane rural cross section with roadside drainage ditches. The proposed 2008 Bond Program contains
a S6,850,000 two phase project for improvement of Flour Bluff Drive between SPID and Don
Patricio Road. This project includes the reconstruction and widening of the existing unimproved two
lane roadway with a turning lane where necessary. Other improvements include: curb and gutter,
sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. This project
will include a bike path.
• Utilities: The nearest water lines (8 ") available to the subject property are at the northeast comer of
the lot, along South Padre Island Drive and along Compton Road. An eight inch sewer line is
adjacent to the northern edge of the subject property.
• Flood Hazard: The subject property is in Zone C, which is not within the 100 year flood plain.
• Drainage: Prior to permitting for development the property will need to be platted which will
require a storm water quality master plan to address all drainage issues. Currently, there is not an
adopted storm water master plan for the area.
• Public Safety:
o Police: The Corpus Christi Police Department serves the subject property area.
—268—
Zoning Report
Case No. 0908 -03 (Brown & Ortiz, PC)
Page 3
o Fire: There is a hydrant approximately 120 feet from the subject property. The closest fire
station is number 13, located at 1802 Waldron Road, approximately one mile away.
• Future Land Use Plan: The subject property is designated for estate residential uses in the
Comprehensive Plan. However, immediately adjacent to the north, the adopted land use plan calls
for commercial uses. While the proposed commercial use is not specifically consistent with the land
use map, the proposed land use is generally consistent with the plan since the property could be
combined with the commercial zoning to the north to form a major commercial node at a strategic
freeway /arterial intersection.
• Urban Transportation Plan: The subject property is located on Flour Bluff Drive approximately
1,000 feet from the intersection of South Padre. Island Drive and Flour Bluff Drive. South Padre
Island Drive is designated as a Freeway and Flour Bluff Drive is an arterial and in the Urban
Transportation Plan. The planned future right -of -way for Flour Bluff Drive is 95 feet with four (4)
lanes and a center turn lane. Also, the Transportation Plan calls for an east/west C -1, 60 foot right -
of -way, two lane collector street to extend from Flour Bluff Drive west and parallel to South Padre
Island Drive. Placing the proposed collector on the southern edge of the subject property would
provide a desirable boundary between the commercial and residential uses and would aid circulation
to and from the major commercial site at the SPID/Flour Bluff Drive corner.
The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system,
which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than
twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the
performance of a road system and to quantify the Community's overall goals for road system
performance. Based on current average daily trips at 18,880, the roadway is estimated to be
functioning at less than Level of Service C. The Urban Transportation Plan indicates that the
capacity at LOS C for a two lane collector street is 3,000 trips per day.
• Comprehensive Plan Consistency: While the proposed rezoning is not consistent with the land
use map, the proposed rezoning may be considered consistent with the Comprehensive Plan when
taking into account the need to place high density commercial activities at major corner locations.
The subject property is located in the Flour Bluff Area Development. Broadly, the plan encourages
growth while maintaining a balance between private property owners and the continued operation of
the Naval Air Station. Several policy statements are available in the Corpus Christi Policy
Statements and the Flour Bluff Area Development Plan to assure rezonings are consistent with the
City's Comprehensive Plan.
Corpus Christi Policy Statements:
• Residential Policy c:
COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL
AREAS SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN.
Commercial development can be a great convenience adjacent to a residential neighborhood,
providing goods, services, and employment within walking distance. However, care must be taken
in design of commercial property to make sure the use is compatible with adjacent residential
development. Traffic from commercial areas should be routed away from residential areas. In order
to protect residential areas, open space, screening fences, and landscaping should be required and
-269-
Zoning Report
Case No. 0908 -03 (Brown & Ortiz, PC)
Page 4
loud or disruptive uses should be prohibited unless other design techniques are used to make the
uses compatible.
Staff Comment: Placing the proposed collector street between the commercial uses and the low
density residential use will help to create a buffer between the two land uses and assure an efficient
circulation system.
• Commercial Policy b:
MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR
FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS,
SCREENING FENCES, OPEN SPACE AND LANDSCAPING.
Compact commercial centers should be located at major intersections. Commercial centers that are
compact as opposed to linear in form provide for a grouping of activities. Such grouping of
activities generally permits more effective traffic management, i.e., left turn conflicts can be
minimized, entryways /exits can be designed to serve several businesses and right turns onto major
streets can be encouraged.
Commercial centers should also be designed so that the impacts of automobile intrusion, noise, and
visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping
can provide an essential buffer between shopping and residential areas. (See Attachment 11: Figure
4 Optimal Locations for Medium and High Density Developments.)
Optimal locations for medium and high density developments are identified in. Figure 4: Optimal
Locations for Medium and High Density Developments of the Corpus Christi Policy Statements
(Attachment 11) which discourages strip development along arterial streets. Compact high density
development should be located at the intersection of major streets to reduce left turning movements
at mid -block locations. High- density development should provide sufficient open space,
landscaping, and/or buffer zoning to create a smooth transition between uses.
Staff Comment: The proposed rezoning will help create the necessary acreage for a major
commercial center with access to a high capacity freeway /arterial intersection.
Flour Bluff Area Development Plan
The specific goals and objectives of the Flour Bluff Area Development Plan include:
• Encourage or require responsible growth that will preserve the existing natural environment. The
environment in Flour Bluff is unique to Corpus Christi. Awareness of the value of wetlands as a
natural resource and as retention ponds, and woodlands and brushlands for habitat are needed to avoid
destruction of these important resources.
• Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The
presence of the Naval Air Station is important to the economy of Corpus Christi and every effort
should be made to encourage their continued operation.
• Propose appropriate land uses and a compatible transportation network to serve future land uses.
Facilitate infrastructure planning through a reasonable estimate of future land use and densities.
—270—
Zoning Report
Case No. 0908 -03 (Brown & Ortiz, PC)
Page 5
• Creation of a clean, litter free environment with adequate public services. Illegal dumping is a major
concern on Flour Bluff, which affects the quality of life in the area.
• Continue large lot development in the southwest quadrant to maintain the distinct atmosphere
established by existing development and use.
• Preserve and enhance public access and recreational opportunities along the Laguna Madre and Cayo
del Oso.
• Organize vehicular movement through the area, establishing gateways /entrances, pedestrian and
vehicular pathways as practical.
• Revitalize deteriorated housing and promote new residential development consistent with the
Comprehensive Plan and not in conflict with infrastructure availability, Air Installation Compatible
Use Zones, flood plains or other factors.
Staff Comment: The proposed rezoning is generally consistent in terms of the type of district relative to
the Navy flight zones and the existing and planned infrastructure.
Street R.O.W.
Street
Urban
Transportation Plan
Type
Existing ROW
and Paved
Section
Planned ROW
and Paved
Section
Traffic Volume
Flour Bluff
Drive
A -1, Minor Arterial
120 feet with 25-
30 feet of
pavement (no
curb and gutter)
95 feet, with 64
feet back of curb
to back of curb
18,880
South Padre
Island Drive
F -1,
Freeway /Expressway
300 feet, 6 thru
lanes, 4 frontage
road lanes
400 feet, 4 to
lanes
9,653
Plat Status: The property is not platted
Department Comments:
• While the Future Land Use Plan indicates Residential Estate for the property, this narrow
strip of land can be combined with the existing commercially zoned property located at
the major expressway arterial intersection.
• During the platting process, consideration should be given to placing the proposed east -
west collector along the southern edge of the subject property to assure adequate
circulation for this potentially larger commercial site.
• Given the Comprehensive Plan's recommendation to place major commercial activities at
major intersections, the proposed rezoning is considered consistent with the overall intent
of the Comprehensive Plan.
-271—
Zoning Report
Case No. 0908 -03 (Brown & Ortiz, PC)
Page 6
Planning Commission's and Staffs Recommendation: Approval of a "B -3" Business
District
Number of Notices Mailed — 12 within 200 foot notification area; 3 outside notification area
Favor — 1 (inside notification area); 0 (outside notification area)
*Opposition — 0 (inside notification area); 0 (outside notification area)
(As of October 1, 2008)
Attachments: 1. Neighborhood 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site — 2006 Aerial
5. Subject Property
6. Site — Existing Zoning, Notice area, Ownership
7. Comments received from Public Notices mailed
8. Notice Mailing List
9. District Uses
10. City Charter — Article V- Planning
11. Site Plan and Metes and Bounds
12. AICUZ II Map of Subject Property.
13. Planning Commission, Staff and Applicant Recommendation
—272—
,SUBJECT
PROPERTY`
CASE # 0908 -03
1, NEIGHBORHOOD - 2006 AERIAL
Subject
Pr■;+efly
Referto Map _ <.:• •Veighborhood
Existim) Lana ure. 4 :.;•; vailabie
cam
OCA7 ?ON MAP, r-
CASE # 0908 -03
1, NEIGHBORHOOD - 2006 AERIAL
Subject
Pr■;+erty
Referto Map _ <.:• •Veighborhood
Existim) Lana ure. 4 :.;•; vailabie
cam
CASE # 0908 -03
2. NEIGHBORHOOD - EXISTING LAND USE
Estate Residential. • ER
- Low Density Residential - LDR
- id Density Residential. - MDR
"sity Residential. - HDR
Mobile Home - MH
7.1r- Vacant - VAC
F afessiona( Office - PO
Commercial. COM
J Light Industrial - Ll
Heavy Industrial - HI
;n I Public Semi - Public - PSP
SUBJECT
'PROPERTY
r
OCATION MAP, /
!
City DI
Corf0&
Chri ai
CASE # 0908 -03
2. NEIGHBORHOOD - EXISTING LAND USE
Estate Residential. • ER
- Low Density Residential - LDR
- id Density Residential. - MDR
"sity Residential. - HDR
Mobile Home - MH
7.1r- Vacant - VAC
F afessiona( Office - PO
Commercial. COM
J Light Industrial - Ll
Heavy Industrial - HI
;n I Public Semi - Public - PSP
SUBJECT
'PROPERTY
OCATION MAP, /
!
City DI
Corf0&
Chri ai
ER
SUBJECT
PROPERTY
CASE it 0908 -03
3. NEIGHBORHOc)D FUTURE LAND USE
tan AgricuituraURUral -
Pc
rk 1 Estate Residential - ER
1 ow flimsily Res. - LDI •
d • ;ity Res. -MD"
ten. =i ph Density Res. - "0
Die Home -MH
can' - VAC
-0 I Professional Office - PO
Commercial -COM
Transportation Plan
x,..noscd
Arterials
Collectors • •
Expressways __'__.
Parkway
±1±1± Railroad
_ _ ? Tourist - TOR
Research /Business Park - RBP
Light Industrial - LI
H Heavy Industrial - HI
Puixlk >emi- Public - PSP
I ?.Irk
f 0r:inage Corridor -DC
PP 0; edge Placement -DP
[ Borer
[co Conservation /Presentation - CP
SUBJECT
'PROPERTY
r
OCATION MAP, /
City pi
Coitms
Chri :li
FtADRE IstA.wD
COL'
qh. .
LDP
a
ER
suer C
PRr ERE
i1Cn? •
CUM
ih°
-JCV - con^
CASE # 0908 -03
3. NEIGHBORHOOD - FUTURE LAND USE
'I Aaricultural/Rural -AR Tc•ore.r • 7 0H
L fate Residential - ER earch/Business Park - RBP
r w -ren pity Res. - LDR 'ndustrial - Id
d Density Res. - MD. ' ,..Justtial - HI
_up p - eusify Res. - r a - -Pc Semi- Public - PSP
'bite Home - MH I Pm*
j = ,anr - VAC [c. j Drainage Corridor -DC
of ;tonal Office - PO �P -. Dr adge Placement - DP
mm- • dal -cam War -r
c':' ConservationlPreservation - CP
Trans.p ^nation Plan
•
Arterials
Collectors
Expressways
Parkway
Railroad
FE
770
SUBJECT
' PROPERTY
OCA7 ?ON MAP, /
City pi
Coigns
Chri :li
7r.AtE ESTATES
CASE # 0908 -03
SITE- 200:., AERIAL
%A
Subject
Property
Refer to Map : -or'v?ighborhood
Existing La.::'. ...so available
PADRE
17 / // B: -3:
EX TON IND CENTER:
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CASE # 0908 -03
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PLANNING COMMISSION, STAFF
and APPLICANT RECOMMENDATION
From: "RE"
To: "B -3"
ORDINANCE:
SUBJECT
PROPERTY
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0908 -03
Name: Brown & Ortiz, P.C.
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 15
Returned undeliverable: 0
I. Notices returned from within the 200 -foot notification area:
Favor: 0
Opposition: 0 ( %)
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: 0
III. Responses received from owners /applicants of subject area:
Favor: 1
Mr. Roger D. Rape, Owner, 2828 E. Harrington — No comments
Opposition: 0
IV. Unsolicited responses received concerning subject area:
Favor: 0
Opposition: 0
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- 21 -
ARTICLE 4B. "RE" RESIDENTIAL ESTATE DISTRICT REGULATIONS
Section 4B-1 The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this
article, are the regulations in the "RE" Residential Estate District. The purpose of this district is to provide
for single - family residential development of a spacious character together with the related recreational
facilities normally required to provide an orderly, attractive and spacious residential living environment.
This district also provides for those agricultural uses which are compatible and in harmony with a lower
density residential living environment, which area is subject to conditions that are normally detrimental to
"R -1B" District density.
Section 48-2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97)
( 2) Field and truck crops.
( 3) Orchards and vineyards.
( 4) Greenhouses and nurseries.
( 5) Storage of hay and stables for horses.
( 6) Oil and gas wells and appurtenances.
( 7) Public parks, golf courses, driving ranges and other similar public and semi - public uses.
( 8) Railroad rights -of -way, including a strip of land with tracks and auxiliary facilities for track
operations, but not including passenger stations, freight terminals, switching and classification yards, repair
shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations.
( 9) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during
development being conducted on the same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction, or upon the expiration of a period of two years,
from the time of erection of such temporary buildings, whichever is sooner.
(10) Accessory buildings and accessory uses including, but not limited to, private garages, servants'
quarters, guest houses, swimming pools, home barbecue grills, storage, and off - street parking and loading
spaces.
(1 1) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99)
(12) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or
bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01)
(13) Temporary nonilluminated signs pertaining to the lease, hire, or sale of' a building or premises on
which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04)
(a) For properties developed with single - family uses, the sign may not exceed six (6) square feet,
including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per
street frontage is allowed.
02/08 RE
-293-
- 22 -
(b) For undeveloped properties containing not less than three (3) acres and not more than five (5)
acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet.
Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is
permitted.
(c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8)
feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one
letter -sized flyer box per premise is permitted.
For the purposes of this section, street frontage includes frontage along a canal or a golf course.
Section 4B-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 48-4 Off- Street Loading Regulations. The off -street loading regulations for permitted uses are contained
in Article 23.
Section 48-5 Height, Area and Bulk Regulations. Height, area, and bulk requirements are set forth in the Chart
of Article 24.
Section 4B-6 Supplementary height, area and bulk regulations are contained in Article 27.
02/08
-294-
- 83 -
ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS
Section 15-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "B -3" Business District. The purpose of this district is to provide
sufficient space in appropriate locations for all types of commercial and miscellaneous service activities,
particularly along certain existing major streets where a general mixture of commercial and service activity
now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking
activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with
manufacturing.
Section 15-2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Any use permitted in the `B -1" Neighborhood Business District except dwellings, boarding and
lodging houses.
( 2) Amusement place in an enclosed building, auditorium or theater except open air drive -in theaters.
( 3) Athletic field or baseball field.
( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and
storage. (Ordinance 22851, 02/18/97)
Sales and repair of plumbing, heating, electrical, and air - conditioning equipment, and auto parts
and tires sales and service with an enclosed building. Wholesale house of not more than 6,000
square feet in floor area.
( 5)
( 6) Bowling alleys and billiard parlors.
( 7) Food storage lockers.
( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01)
( 9) Hotels, motels, or motor hotels.
(10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No
portable sign is permitted. (Ordinance 026735, 4/17/06)
(I1) Printing, publishing and engraving.
(12) Milk distributing stations, provided there is no bottling on the premises.
(13) Radio or television broadcasting stations, studios and offices, but not sending or receiving towers.
(14) Skating rink in an enclosed building.
(15) Swimming pool or natatorium.
(16) Accessory buildings and uses, except that outside storage is not permitted.
(17) Public or governmental buildings.
(18) Mini - storage, enclosed. (Ordinance 24566, 08 /28/01)
02/08 B-3
-295-
-84-
(19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of
this Ordinance.
(20) Service stations.
(21) Taverns, lounges or bars.
(22) Automobile service, painting and body work are permitted as an accessory use within an enclosed
building when associated with auto sales establishment.
(23) Car washes.
(24) Camper shell sales and installation.
(25) Commercial parking garage.
(26) Automotive repair, major and minor, provided all work is performed inside of a building.
(27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00)
Section 15-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 15-4 Off- street Loading Regulations. The off -street loading regulations for permitted uses are contained
in Article 23.
Section 15-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of
Article 24 and, in addition, the following regulations shall apply:
15 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining
an "R -1A" "R -113" "R -1C" "R-2", "A-1", "A -1A ", or "A -2" residential district.
15 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining
an "R-1A", "R- 1B", "R -IC" "R-2", "A -1 ", "A -1A ", or "A -2" residential district.
15 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or
displayed for sale shall not be permitted in the yard areas required by Article 24.
(Ordinance 22851, 02/18/97)
Section 15-6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08 B-3
-296-
- 49 -
ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "B -1" Neighborhood Business District. This district provides
primarily for retail shopping and personal service uses to be developed either as a unit or in individual
parcels to serve the needs of nearby residential neighborhoods.
Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Any use permitted in the "AB" Professional Office District.
(2) Automobile parking lots.
(3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere.
( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair,
custom cleaning shop not involving bulk or commercial type plants, household furniture
upholstery shop accessory to retail furniture sales, and bakeries.
(5) Fueling.
( 6) Offices and office buildings.
( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No
portable sign is permitted within this district. (Ordinance 026735, 4/17/06)
( 8)
( 9)
Personal service uses including barber shops, banks, beauty parlors, photographic or artists'
studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving
stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and
other personal service uses of a similar character.
Retail stores, including florist shops and greenhouses in connection with such shops, but there
shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of
oysters or processing of fish.
(10) Self - service Laundries.
(11) Undertaking business or establishment.
(12) Accessory buildings and used customarily incidental to the uses permitted in the district, except
that outside storage and outside sales area are not permitted.
(13) Hand operated or automated self - service car washes.
(14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with
no service bays.
Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 12 -4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained
in Article 23.
Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on
Article 24, and in addition the following regulations shall apply:
02/08 B -1
-297-
- 50 -
12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining
an "R-1A", "R -IB ", "R -1C ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district.
12-5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining
an "R -IA", "R -1B", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district.
Section 12 -6 Supplementary height and area regulations are contained in Article 27.
02/08
-298-
B-1
- 47 -
ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
Section 11-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in
this article, are the regulations in the "AB" Professional Office District. This district is intended to
encourage office development of high character in attractive surroundings with types of uses and exterior
indication of these uses so controlled as to be generally compatible with single - family or multiple - family
dwellings conveniently located within or adjacent to the district.
Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Any use permitted in the "R -IA" One- family Dwelling District.
( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97)
( 3) Multiple- family dwellings.
( 4) Boarding, rooming, and lodging houses.
( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a
service customarily carried on as a business.
( 6) Non -profit, religious, educational, and philanthropic institutions.
( 7) Business and professional offices and office buildings provided the following conditions are met:
(a) No building may be constructed with, or altered to produce a store front, show window,
or display window;
(8)
( 9)
(b) There shall be no display from windows or doors and no storage of merchandise in the
building or on the premises; and
(c) There shall be no machinery or equipment, other than machinery or equipment
customarily found in professional or business offices, used or stored in the building or on
the lot.
Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies
primarily to patients or occupants of the building; provided, however, there shall be no entrance to
such shop except from inside the building and further provided that there be no exterior signs
advertising such shop except as provided in item (13) of this section.
Child care centers.
(10) Apartment hotels. A business may be conducted within the building for the convenience of the
occupants of the building, provided there shall be no entrance to such place of business except
from inside the building and further provided that there be no exterior signs advertising such
business.
(11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician
including teaching of art, music, dancing or other artistic instruction, provided the following
conditions are met:
(a) No building may be constructed or altered to produce a store front, show window or
display window;
02/08 AB
-299-
-48-
(b) There shall be no display from windows or doors;
(c) There shall be no storage of merchandise in the building or on the premises, and no
machinery or equipment other than customarily accessory to permitted uses;
(d) No exterior sign shall be permitted except as provided in item (13) of this section; and
(e) There shall be no adverse effect created on adjacent or neighborhood properties by reason
of dust, odor, vibration, glare or noise.
(12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33.
SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof
signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06)
(13) Reserved. (Ordinance 024715, 12/18/01)
(14) Reserved.
(15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including
retail sales accessory to the main use. (Ordinance 24715, 12/18/01)
(16) Assisted living facility. (Ordinance 24566, 08/28/01)
(17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01)
Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 11-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained
in Article 23.
Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in
the chart of Article 24, and in addition the following regulation shall apply:
11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or
sororities where no cooking facilities are provided in individual rooms or apartments.
Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08
-300-
AB
- 25 -
ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS
Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this
article, are the regulations in the "R -1A" One- family Dwelling District. The purpose of this district is to
provide for single - family residential development of relatively more spacious character together with such
public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary
or are normally compatible with residential surroundings. The district is located to protect existing
development of high character and contains vacant land considered appropriate for such development in the
future.
Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not
including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an
extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and
provided no retail or wholesale business office or store is maintained on the premises.
( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97)
(3) Churches and parish halls, temples, convents, and monasteries.
( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under
which teaching is conducted equivalent to a public school and institutions of higher learning. In connection
with the use of such premises as a college or school, the premises may be used for signs, excluding portable
signs, which are within 100 feet of a public street for identifying any permitted educational or related
athletic facility or publicizing related educational events provided that no sign contain any commercial
message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a
public street are pemtitted without restriction provided such sign does not incorporate flashing, moving, or
intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise
limited. Any sign not in compliance with this paragraph for the use of colleges and schools described
herein shall be granted the status of a nonconforming sign upon the registration of such sign with the
Building Official or his designated representative within six months of the effective date of this ordinance
verifying for each sign:
(a) that the sign was constructed and in use prior to January 1, 1989;
(b) that the sign is used to identify or publicize educational or related athletic events;
(c) the location of the sign; and
(d) the percentage of total sign area which is used or dedicated to a commercial logo or
commercial message.
All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of
Article 26-11, Nonconforming Signs of this Zoning Ordinance.
( 5) Home occupations.
( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric
and telephone mains and incidental appurtenances.
( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges
and similar activities operated as a business), nonprofit, nongovemmental public recreation, and
community buildings.
02/08 R -1A
-301-
- 26 -
( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations,
but not including passenger stations, freight terminals, switching and classification yards, repair shops,
roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations.
( 9) Shell dredging in water submerged areas.
(10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during
development being conducted on the same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction, or upon the expiration of a period of two years from
the time of erection of such temporary buildings, whichever is sooner.
(11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on
which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04)
(a) For properties developed with single - family uses, the sign may not exceed six (6) square feet,
including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per
street frontage is allowed.
(b) For undeveloped properties containing not less than three (3) acres and not more than five (5)
acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet.
Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is
permitted.
(c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight
(8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of
one letter -sized flyer box per premise is permitted
For the purposes of this section, street frontage includes frontage along a canal or a golf course.
(12) Child care homes.
(13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest
houses, swimming pools, home barbecue grills, storage, off - street parking and loading spaces, customary
church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or
intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi-
public uses.
(14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99)
(15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or
bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01)
Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 5-4 Off -street Loading Regulations. The off - street loading regulations for permitted uses are contained in
Article 23.
02/08 R -1A
-302-
- 27 -
Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the
chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this
Ordinance and have the same force and effect as if all the notations and requirements set forth therein were
fully set forth or described therein. In the "R -IA" District all lots in platted subdivisions may comply with
the lot area and yard requirements of the "R -1B" District as minimum requirements.
Section 5 -6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08
-303-
R -1A
Attachment 10
City Charter — Article V
ARTICLE V. PLANNING
Sec. 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting in August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; (2) Review and make
recommendations to the city council on all proposals to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; (3) Monitor and oversee the effectiveness of the
comprehensive plan, review and make recommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; (4) Review and make recommendations to the
city council regarding zoning or zoning changes in a manner to insure the
consistency of any such zoning or changes in zoning with the adopted
comprehensive plan; (5) Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city in a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
(6) Review and make recommendations to the city council on the city's annual
budget and any capital improvement bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing it such information as is necessary in relation to its work.
(c) The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
thereof, including neighborhood, community and, area -wide plans. The
-304-
comprehensive plan shall include the following elements: (1) A future land -use
element; (2) An annexation element; (3) A transportation element; (4) An economic
development, element; (5) A public services and facilities element, which shall
include a capital improvement program; (6) A conservation and environmental
resources element; and (7) Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for its implementation
and shall be implemented, in part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. 5. Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
-305-
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CASE # 0908 -03
Air Instillation Compatabilify Use Zones
Legend
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Zone 1
•Control r z Accident Potential
Zone Zone 2
SUBJECT ^
PROPERTY
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'LOCATION MAP
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City puus
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From: "RE"
To: "B -3"
WO PLACE
AAQWERRA -E ESTATES
1 OAK TERRAC
OAK TERRACE ESTATES
OAK T&1.RACE UNI `26'2008
J,� Preper dSy:SRR
Dep2fimenr of Developnr Services
CASE # 0908 -03
PLANNING COMMISSION, STAFF
and APPLICANT RECOMMENDATION
From: 11RE"
To: "8-3"
ORDINANCE:
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday September 17, 2008
5:30 P.M.
COMMISSIONERS:
Rudy Garza, Chairman
A. Javier Huerta, Vice - Chairman *arrived at
5:31p.m.
John C. Tamez
Johnny R. Martinez
James Skrobarczyk
Evon J. Kelly
Govind Nadkarni *arrived at 5:32p.m.
David Loeb
Mark Adame
ABSENCES:
None
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:30 p.m. by Chairman
Garza.
STAFF:
Bob Nix, AICP Assistant City Manager of
Development Services
Johnny Perales, PE, Deputy Director of
Development Services/ Special Services
Faryce Goode - Macon, Assistant Director of
Development Services/Planning
Miguel Saldaiia, Special Services
Bob Payne, AICP, Senior City Planner
Jay Reining, First Assistant City Attorney
Yvette Aguilar, Attorney I
Beverly Lang- Priestley, Recording Secretary
HI. PUBLIC HEARING AGENDA ITEMS
B. ZONING
1. New Zoning
b. Case No. 0908 -03
Brown & Ortiz, P.C. - A change of zoning from a
"RE" Residential Estate District to a "B -3" Business District
resulting in a change of land use from vacant to retail uses
3.777 acres, being part of Lot 6 and Lot 7, Section 41, Flour Bluff
and Encinal Farm and Garden Tracts, Volume A, Page 42, Nueces
County, TX, located west of Flour Bluff Drive approximately 130
feet north of the Flour Bluff and Compton Road intersection.
Mr. Payne presented the above case via Power Point stating the applicant is Brown and
Ortiz and the subject property is located at 1302 Flour Bluff Drive. Mr. Payne stated the request
is for a change of zoning from a "RE" Residential Estate District to a "B -3" Business District.
Mr. Payne stated the applicant would like to combine the subject property with the 20 acres to the
north for a large super center.
Mr. Payne stated that the adjacent property to the north is zoned `B -3" Business District
and is vacant. To the south, the property contains one residence and is zoned "RE" Residential
Estate, which requires one unit per acte,3 Rf a front yard setback of 50 feet and side and rear
Planning Commission Minutes
September 17, 2008
Page 2
yard setbacks of 25 feet, with a minimum lot width of 150 feet. To the east across Flour Bluff
Drive the property is zoned `B -3" Business District and developed with commercial and public
(church) uses. To the west the property is vacant and zoned 'B -3" Business District. Mr. Payne
stated the difference between a 'B -3" and a 'B -4" is that dwellings are not allowed in the 'B -3"
District. Mr. Payne stated the "B -3" zoning is typically used around airports and that this area is
in a Navy Air Installation Compatible Use Zone, Accident Potential Zone II, which recommends
low density residential use of one to two units per acre maximum density. High density uses are
discouraged.
Mr. Payne stated the Future Land Use Plan shows a strip of commercial area very close to
the subject property, and staff believes the proposed use to be a logical one even though the
Future Land Use Plan does not show this particular property as commercial.
Mr. Payne stated staff recommends approval and of the fifteen notices mailed, one was
returned in favor and zero were returned in opposition.
In response to Commissioner Nadkarni, Mr. Payne confirmed that Lot 23 to the north of
the subject property is a 20 acre tract and is already zoned "B-3" and is the property which the
applicant plans to develop along with the subject property.
In response to Commissioner Loeb, Mr. Payne stated that staff believes the "B -3" to be an
acceptable district for use in this situation and is the district traditionally used in Navy Air
Installation compatible use zones. Mr. Payne further stated that within the next year there will be
a Joint Land Use Study with the Navy and the "B-3" zoning district will be revisited.
Public hearing was opened.
Mr. Ken Brown, P.C., representative for Wal -Mart came forward in support of the request
stating the applicant wants to create a commercial mode at the subject location. Mr. Brown
stated they are working with staff to ensure compatibility with the surrounding uses and had a
pre- meeting with staff dealing with platting infrastructure utilities and other issues. Mr. Brown
stated he respectfully requests support for the application and stated they have an engineer
present if the Commissioners have any questions.
Public hearing was closed.
Motion for approval was made by Commissioner Martinez and was seconded by
Commissioner Skrobarczyk. Motion passed unanimously.
-310-
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY BROWN & ORTIZ, P.C., BY CHANGING THE ZONING MAP IN
REFERENCE TO 3.777 ACRES BEING A PART OF LOT 6 AND LOT 7,
SECTION 41, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "B-3"
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Brown & Ortiz, P.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,
September 17, 2008, during a meeting of the Planning Commission, and on Tuesday,
October 21, 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 3.777 acres being a part of Lot 6 and Lot 7,
Section 41, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff
Drive approximately 130 feet north of the Flour Bluff and Compton Road intersections,
from "RE" Residential Estate District to "B -3" Business District. (Zoning Map 036032)
(Exhibit A)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
Q:1SharedUaylAgenda1 2008 11 0- 2 11ORD- zoning0908- 03Browptit- s.3.doc
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35 -3 of the Zoning
Ordinance of the City of Corpus Christi.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council 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 21st day of October, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: October 14, 2008
All 1. Or �',.
Yv! a Aguil -j%
Ass'stant City Attorney
For City Attorney
Q:\SharedUayAgenda\2008\10-21 \ ORD- zoning0908- 03Eiftenntia- B-3.doc
Page 3 of 3
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 Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Ct1SharedUay1Agenda20o8110- 21 \ORD- zoning0g08- 03Broan rF3 -3.doc
RJJJ COVE CENTER
PARE ISLAND
AIF4'ERRA • ESTATE
1 OAK TERRAC
OAK TERRACE ESTATES
CASE # 0908 -03
PLANNING COMMISSION, STAFF
and APPLICANT RECOMMENDATION
From: "RE"
To: "B -3"
ORDINANCE:
METES AND BOUNDS DESCRIPTION
3.777 ACRES
All that certain tract or parcel containing 3.777 acres of land in Nueces County,
Texas, being part of Lot 6 and Lot 7, Section 41, of "Flour Bluff and Encinal Farm and
Garden Tracts" (FBEFGT), a subdivision of record in Volume A, Page 42, of the
Nueces County Map Records (NCMR), also being the same tract which was called
3.812 acres (1.888 Acre Tract I, and 1.924 acre Tract II), and conveyed from Robert
C. Wilkerson, District Director, IRS, to Gene Allen, James R Cameron, and Roger D.
Rape, by an Instrument of record in Volume 2166, Page 869, of the Nueces County
Deed Records (NCDR), said 3.777. acres being more particularly described by metes
and bounds as follows, basing Coordinates and Bearings upon the Texas Coordinate
System of 1983 (1993 Adjustment), South Zone, to wit:
BEGINNING at a 5 /8 "IR (X= 1373063.44', Y= 17135089.94') set at the northeast
corner of said 3.812 acre tract and southeast corner of Lot 30 of Lots 23 -30 Incl.,
Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, NCMR,
lying in the west line of Flour Bluff Drive (width unknown), at its intersection with the
south line of Lot 5 and north line of Lot 6, FBEFGT, said beginning point being
located southwesterly approximately 1,000 feet along Flour Bluff Drive from South
Padre Island Drive, AKA State Highway Number 358 (SPED);
THENCE S 28 °33'13" W,.126.50 feet along the west line of Flour Bluff Drive to a 5/8"
iron rod set at the southeast corner of said 3.812 acre tract and northeast comer a
tract which was called 5.5 acres and conveyed from Lura D. Sweatt to Hart F. Smith,
by an instrument of record in Document #1997036476, of the Nueces County Official
Public Records of Real Property (NCOPRRP);
THENCE departing Flour Bluff Drive, N 61 °27'51" W, 1300.66 feet along the common
line of said 3.812 acre and 5.5 acre tracts to a 5/8" iron rod set at the southwest
corner of said 3.812 acre tract and an interior corner of said 5.5 acre tract;
THENCE N 28 °32'09" E, 126.50 feet along the common line of said 3.812 acre and
5.5 acre tracts to a 5/8" iron rod (X= 1371920.75', Y= 17135711.29') set at the
northwest corner of said 3.812 acre tract and most westerly northeast corner of said
5.5 acre tract, lying in the south line of Lot 17 Lexington Industrial Center, a
subdivision of record in Volume 28, Page 37, NCMR;
Page 1 of 2 Pages
—315—
tow - 03
METES AND BOUNDS DESCRIPTION
3.777 ACRES
Page 2
THENCE S 61 °27'51" E, along the north line of said 3.812 acre tract, at 135.06 feet
pass a 5/8" iron rod found at the southeast corner of said Lot 17, and southwest
corner of Lot 18, Lexington Industrial Center, a subdivision of record in Volume 41,
Page 74, NCMR, at 227.39 feet pass the calculated southeast comer of said Lot 18
and southwest corner of Lexington Industrial Center Lot 19, a subdivision of record In
Volume 60, Page 58, NCMR, from said calculated corner, 5/8" iron rods found bear:
S 28 °32'46" w. 0.24' and S 28 °11'42" W, 0.33', at 597.51 feet pass the southeast
comer of said Lot 19 and southwest corner of Lot 23, Lexington Industrial Center,
and continuing for a distance in all of 1300.70 feet to the PLACE OF BEGINNING,
containing 3.777 acres of land, more or less. A certified plat has been prepared
under the same job number as a part of this professional service.
Compiled By:
Johnson & Pace Incorporated
1201 NW Loop 281 • LB -1
Longview, Texas 75604
Lonn . Pace, II
Professional Land Surveyor
Texas Registration No. 1573
Engineering • Architecture.' Surveying
Job No. 2154 -015
Date: June 20, 2008
Page 2 of 2 Pages
—316—
.00e -31 7- ....r 3f re fm` flea Odd a. <[
aal 99999!9 \a a•a i %a•nen. \ore- wse\.v.a' :4
23
CITY COUNCIL
AGENDA MEMORANDUM
CITY COUNCIL ACTION DATE: October 21, 2008
AGENDA ITEM:
A. Public hearing to consider and nominate applications to the Office of the Govemor for
Commercial Revitalization Deduction allocations.
B. Resolution nominating projects to the Office of the Governor for Renewal Community
Commercial Revitalization Deductions which include:
1. Pietsch Realty Investments, LLC to receive an allocation for $600,000 from the 2008
Commercial Revitalization Deduction for a building located 326 N. Chaparral. 8 -10
jobs will be created.
2. UBP Properties, LLC to receive an allocation for $1,500,000 from the 2008
Commercial Revitalization Deduction for a building located 807 N. Upper Broadway.
1 -2 jobs will be created.
3. Nueces Bay WLE, LP and Topaz Power Group to receive a binding commitment for
an allocation of $2,100,000 from the 2009 Commercial Revitalization Deduction fora
building located at 2002 E. Navigation Blvd. 25 new full -time jobs will be created.
The binding commitment is subject to the following upon approval by the City
Council in 2009:
a. Project will be placed in service by December 31, 2009
b. Funding is secured
c. Land /property acquisition is complete or under lease
d. Full -time jobs are created or retained.
ISSUE: As one of forty designated Renewal Communities nationwide, the City of Corpus Christi may
nominate $12 million of Commercial Revitalization Deductions each year during the designated
period. According to the Internal Revenue Service (IRS), the Commercial Revitalization Agency
(CRA) may make the following types of allocations:
1. An allocation in the year that the project is completed.
2. A binding commitment to make an allocation of a specified dollar amount to a qualified
revitalization building in the calendar year in which the building is placed in service.
3. A carryover allocation.
The Office of the Govemor serves as the Commercial Revitalization Agency (CRA) and is
responsible for certifying allocations nominated by the goveming bodies of the Renewal Communities
in Texas. Local projects approved by the City Council must be submitted to the CRA by November
1, 2008.
REQUIRED COUNCIL ACTION: Approval of the resolution as presented.
PREVIOUS COUNCIL ACTION: The Agreement was previously approved by City Council on
August 21, 2007 for fiscal year 2007 -2008.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the projects to be
submitted to the Office of the Governor for the 2009 Commercial Revitalization Deductions.
ir/'na..)
Irma Caballero, Director
Economic Development
-321-
2008 Allocation
Project Name: Pietsch Realty Investments, LLC
Project Location: 326 N. Chaparral
Project Census Tract: 3
New Jobs Created: 8 -10
Jobs Retained: N/A
Total Investment: $1,300,000
Placed in Service: October 2008
Allocation Request: $600,000
Summary
Pietsch Realty Investments, LLC began renovations of the property at 326 N. Chaparral
Street, in August 2007. The building has been vacant since a catastrophic fire destroyed
much of the interior in the late 1990s. The building is being renovated for a
bar /entertainment lease space and is scheduled to be placed in service October24, 2008.
-322-
2008 Allocation
Project Name: UBP Properties, LLC
Project Location: 807 N. Upper Broadway
Project Census Tract: 3
New Jobs Created: 1 -2
Jobs Retained: N/A
Total Investment: $8,000,000
Placed in Service: October 2009
Allocation Request: $1,500,000
Summary
A 40,000 square foot office building located at 807 N. Upper Broadway was originally
constructed in 1953 by the Southern Minerals 00 Company. In 1967, the building was sold
to HEB and served as its corporate headquarters until 1985. In May 2008, UBP
Properties, LLC was formed by Jerry and Kathy Dewbre, and the building was purchased
for the purpose of revitalizing the building for dual commercial and residential use.
The building will be rehabilitated to include commercial office space on the first floor,
luxury condominiums on the second and third floors, and an addition to include
approximately 8,000 square feet for a fourth floor on the current roof and convert a portion
of the basement to parking.
—323—
2008 Allocation
Project Name: Nueces Bay WLE, LP and Topaz Power Group
Project Location: 2002 E. Navigation Blvd
Project Census Tract: 4
New Jobs Created: 25
Jobs Retained: N/A
Total Investment: $433,000,000
Placed in Service: December 2009
Allocation Request: $2,100,000 (2009)
Summary
Nueces Bay WLE, LP and Topaz Power Group, LLC are requesting a binding commitment
to make an allocation of the Commercial Revitalization Deduction of $2.1 million for the
calendar year 2009, for the renovation of the Nueces Bay Power Plant.
The three existing power generating units at the Nueces Bay Power Station were built
between 1949 and 1972. The oldest unit is expected to be demolished as part of the
project. The redeveloped Nueces Bay units shall continue to be gas -fired power
generation units. The $433 million capital investment will add 25 new full -time jobs at an
average annual salary of $75,000.
—324—
City of Corpus Christi
Renewal Community - CRD Allocations
2008 - 2009
-325-
2008
2009
J. Golden Properties, Inc.
7,900,000.00
-
Gary & Burke
2,000,000.00
-
UBP Properties, LLC
1,500,000.00
-
Pietsch Realty Investments, LLC
600,000.00
-
Adame Group
-
8,950,000.00
Nueces Bay WLE, LP
-
2,100,000.00
Total CRD Allocations
12,000,000.00
11,050,000.00
Maximum CRD Allocation per year
12,000,000.00
12,000,000.00
Available CRD Allocation
-
950,000.00
-325-
UBP Properties, LLC
Commercial Revitalization Deduction
Renovation of
807 N. Upper Broadway
-326-
UBP Properties, LLC is pleased to present this application for a carryover allocation of
the Commercial Revitalization Deduction for calendar year 2008, for the renovation of the
property at 807 N. Upper Broadway, Corpus Christi, Texas.
PROJECT INFORMATION
1. Executive Summary
A 40,000 square foot office building was constructed at 807 N. Upper Broadway in 1953
by the Southern Minerals Oil Company. In 1967, the building was sold to HEB and served as its
corporate headquarters until 1985. The building then remained vacant for 23 years. In May,
2008, UBP Properties LLC was formed by Jerry and Kathy Dewbre, and the building was
purchased for the purpose of revitalizing the building for dual commercial and residential use.
WKMC Architects were hired and prepared preliminary designs completed to rehabilitate the
first floor for use as commercial office space, and convert the 2 °d and 3'd floors to luxury
condominiums. The project will also include an approximately 8,000 square feet addition for a
4d' floor on the current roof and convert a portion of the basement to parking.
2. Company/Personal Background
Jerry and Kathy Dewbre are the owners of UBP Properties which owns the building and
will undertake the project. Jerry and Kathy have been residents of Corpus Christi since 1980.
For the past 20 years Jerry has owned and operated Dewbre Petroleum Corporation a local
independent oil and gas company which has 15 full time employees.
3. Propose of the Project
The purpose of the project is to revitalize a portion of Corpus Christi's infrastructure that
has been idle for more than 20 years by re- opening high quality office space and providing a
secure and high quality residential space for persons desiring to live in downtown Corpus
Christi.
4. Construction/Rehabilitation
The construction/rehabilitation will consist of complete removal of all existing interior
walls, then rewiring, re- plumbing, and reconstruction of new interior walls on the first, second,
and third floors. The first floor will remain exclusively for commercial office space. The third
and fourth floors will be converted to residential units. There will be 3 units on each floor. A
ramp will be constructed to allow a portion of the existing basement level to be used for
underground parking. The remainder of the basement will include a conference/training room
and storage. An additional 8,000 square feet of space will be enclosed on the roof. This will
include one additional residential unit, as well as a meeting room and work -out facility for
common use by all tenants. The existing parking areas outside the building will be paved and
landscaped. A security fence will be constructed to enclose the entire facility. The building cost
1
—327—
$1.48 million. Demolition of the existing interior of the building and 2 small detached buildings,
and complete rehabilitation of the building and parking lot is estimated to cost $6.5 million.
It is important to note that the purpose of this application is to request an allocation of the
Commercial Revitalization Deduction for only the commercial rental portion of this project. The
residential aspect will not be rental property. The residential units will be held for sale. The
commercial aspect of the project meets the test for substantial rehabilitation because the
rehabilitation will cost substantially more than the cost of the building, it is located in the
Renewal Community District and it will be completed and placed in service prior to January 1,
2010. This application requests a carryover allocation of $1,500,000 of the available funds for
calendar year 2008.
5. Construction Schedule
Detailed architectural design is in progress. Plans are to begin demolition in December,
2008, so that demolition can be completed and construction can begin in January, 2009. We
expect to have incurred 10% of the expected final basis no later than March 1, 2009, and to
complete the project by October 1, 2009.
6. Zoning
The property is zoned B -6 Primary Business Core District. No zoning changes are
needed.
Application of Section 1400I
Aside from meeting the location requirements and being leasehold improvements to real
property the project satisfies the Qualified Building and Expenditure requirements as follows:
In order to qualify for the Commercial Revitalization Deduction, the expenditure must
meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building'. Section
14001(b)(1)(B) states that a qualified revitalization building means any building if the building is
placed in service by the taxpayer after the rehabilitation and the building is substantially
rehabilitated (within the meaning of section 47(c)(1)(C), which reads as follows:
(C) Substantially rehabilitated defined
(i) In general
For purposes of subparagraph (A)(i), a building shall be treated as having been
substantially rehabilitated only if the qualified rehabilitation expenditures during the 24-
month period selected by the taxpayer (at the time and in the manner prescribed by
regulation) and ending with or within the taxable year exceed the greater of —
(I) the adjusted basis of such building (and its structural components), or
2
—328—
a» $5,000.
The adjusted basis of the building (and its structural components) shall be determined as
of the beginning of the 1st day of such 24 -month period, or of the holding period of the building,
whichever is later. For purposes of the preceding sentence, the determination of the beginning of
the holding period shall be made without regard to any reconstruction by the taxpayer in
connection with the rehabilitation.
Qualified Building
In order to qualify for the Commercial Revitalization Deduction, the expenditure must meet
the tests of Section 1400I(6) defining a "Qualified Revitalization Building ". Section
1400I(b)(1)(A) states that a qualified revitalization building means any building if the building is
placed in service by the taxpayer and the original use of the building begins with the taxpayer.
(b) QUALIFIED REVITALIZATION BUILDINGS AND EXPENDITURES- For purposes
of this section- -
(1) QUALIFIED REVITALIZATION BUILDING - The term qualified revitalization
building means any building (and its structural components)
if --
(A) the building is placed in service by the taxpayer in a renewal
community and the original use of the building begins with the taxpayer, or
(B) in the case of such building not described in subparagraph (A), such
building
(i) is substantially rehabilitated (within the meaning of section 47(c)(1)(C)) by
the taxpayer, and
(ii) is placed in service by the taxpayer after the rehabilitation in a
renewal community.
Qualified Expenditure
Section 1400I(b)(2) states that in order to qualify for the Commercial Revitalization
Deduction, the expenditure must meet the tests of being a "Qualified Revitalization
Expenditure ". There are several tests here with the first being an amount properly capitalized and
depreciable under section 168 of the IRC. As well, 1400I(b)(2)(i) requires the property must be
non - residential real property or Sec.1250 property.
3
—329—
The following code sections establish that the expenditures incurred in the construction of the
project are qualified expenditures due to their nature as depreciable real property used in a trade
or business.
(2) QUALIFIED REVITALIZATION EXPENDITURE-
(A) IN GENERAL - The term `qualified revitalization expenditure' means
any amount properly chargeable to a capital account for property for which
depreciation is allowable under section 168 (without regard to this section)
and which is --
(i) nonresidential real property (as defined in section 168(e)), or
(ii) section 1250 property (as defined in section 1250(c)) which is
functionally related and subordinate to property described in clause (i).
Sec. 168. - Accelerated cost recovery system
(a) General rule
Except as otherwise provided in this section, the depreciation deduction provided by
section 167(a) for any tangible property shall be determined by using —
(1) the applicable depreciation method,
(2) the applicable recovery period, and
(3) the applicable convention.
(c) Applicable recovery period
For purposes of this section, the applicable recovery period shall be determined in
accordance with the following table:
In the case of: The applicable recovery period is:
3 -year property 3 years
5 -year property 5 years
7 -year property 7 years
10 -year property 10 years
15- yearproperty 15 years
20- yearproperty 20 years
Waterutilityproperty 25 years
Residential rental property 27.5 years
Nonresidential real property 39 years.
Any railroad grading or tunnel bore 50 years.
—330—
(B) Nonresidential real property
The term "nonresidential real property" means section 1250 property
which is not -
(i) residential rental property, or
(ii) property with a class life of less than 27.5 years.
Sec. 1250. - Gain from dispositions of certain depreciable realty
(c) Section 1250 property
For purposes of this section, the teen "section 1250 property" means any real
property (other than section 1245 property, as defined in section 1245(a)(3)) which is or
has been property of a character subject to the allowance for depreciation provided in
section 167.
Sec. 167. - Depreciation
(a) General rule
There shall be allowed as a depreciation deduction a reasonable allowance for the
exhaustion, wear and tear (including a reasonable allowance for obsolescence) -
(1) of property used in the trade or business, or
(2) of property held for the production of income.
Relevance to Allocation Plan
As stipulated in Section 1400I(e)(1)(A), the Commercial Revitalization Amount must be
allocated pursuant to a qualified allocation plan of the commercial revitalization agency. A
qualified allocation plan is described in 1400I(e)(2) as the plan which established the priorities to
be considered in the allocation process and the degree in which a project contributes to this
allocation plan.
(e) RESPONSIBILITIES OF COMMERCIAL REVITALIZATION AGENCIES-
(1) PLANS FOR ALLOCATION- Notwithstanding any other provision of this section,
the commercial revitalization expenditure amount with respect to any building shall be
zero unless—
(A) such amount was allocated pursuant to a qualified allocation plan of
the commercial revitalization agency which is approved (in accordance with
5
–331–
rules similar to the rules of section 147(f)(2) (other than subparagraph
(B)(ii) there of) by the governmental unit of which such agency is a part, and
(B) such agency notifies the chief executive officer (or its equivalent) of
the local jurisdiction within which the building is located of such allocation
and provides such individual a reasonable opportunity to comment on the
allocation.
(2) QUALIFIED ALLOCATION PLAN- For purposes of this subsection, the term
qualified allocation plan' means any plan—
(A) which sets forth selection criteria to be used to determine priorities of
the commercial revitalization agency which are appropriate to local
conditions,
(B) which considers --
(i) the degree to which a project contributes to the implementation
of a strategic plan that is devised for a renewal community through a
citizen participation process,
(ii) the amount of any increase in permanent, full -time employment
by reason of any project, and
(iii) the active involvement of residents and nonprofit groups within
the renewal community, and
(C) which provides a procedure that the agency (or its agent) will follow in
monitoring compliance with this section.
Contribution to the Implementation of a Strategic Plan
This application used as a basis for a strategic plan the Comprehensive Plan for the City
of Corpus Christi and the South Central Area Development Plan. The Comprehensive Plan and
its elements have been prepared by the City of Corpus Christi Planning and Development
Department and adopted by the City Council as Ordinance of the City.
The elements of the Comprehensive Plan serve as the best existing guide by which to
judge the appropriateness of a particular project. Therefore elements of this Comprehensive plan
will be used to measure the degree to which a project contributes to the strategic plan for the
renewal community. In accordance with Sec. 14001(eXB)(iii), the elements of the
Comprehensive Plan were studied by numerous citizens and community organizations and
presented their verbal or written recommendations during public hearing conducted by the
Planning Commission and City Council.
6
–332–
By Ordinance of the City of Corpus On July 21, 1987, a document entitled City of
Corpus Christi Policv Statements: An Element of the Comprehensive Plan which should be used
as a guideline for growth and development for the entire City and to be used as a guideline to
facilitate Area Development Plans. The comprehensive policy statement set forth the overall
guiding philosophy or concept for the rest of the City's comprehensive plan elements.
The policy statements enumerate seven specific goals for Corpus Christi and a review of
the list shows that the project complies with all of the specific goals in the Comprehensive Plan.
1. MAINTAIN .AND IMPROVE THE QUALITY OF LIFE FOR ALL CITIZENS
2. DEVELOP A VITAL AND GROWING ECONOMIC BASE FOR CORPUS CHRISTI
3. MAINTAIN AND IMPROVE THE STABILITY OF EXISTING RESIDENTIAL AND
COMMERCIAL AREAS.
4. MAINTAIN AND ENHANCE THE NATURAL AND MAN -MADE ENTITIES OF
CORPUS CHRISTI.
5. PROMOTE EQUAL OPPORTUNITY FOR ALL CITIZENS TO PARTICIPATE IN A
QUALITY LIVING, WORKING, CULTURAL, AND RECREATIONAL ENVIRONMENT.
6. ENCOURAGE ORDERLY DEVELOPMENT OF NEW RESIDENTIAL, COMMERICAL,
AND INDUSTRIAL PROPERTIES TO ACCOMMODATE GROWTH.
7. ENCOURAGE A HIGH LEVEL OF DESIGN TN THE OVERALL DEVELOPMENT OF
THE CITY.
Active Involvement of Residents and Non -Profit Groups
UBP Properties, LLC has implemented a strategy to identify residents of the Renewal
Community in order to take advantage of the Renewal Community Employment Tax Credit and
position the company for Zero Percent Capital Gains in compliance with the requirements for
such treatment.
Real Estate Contract and Finance
Attached is a copy of the warranty deed showing that UBP Properties, LLC owns the
subject property and evidence of sufficient financial resources is evidenced by the letter of
commitment from American Bank. Both items may be found in the exhibits section of the
application.
Explanation of Good Standing Exhibits
—333—
7
As part of the approval process for the CRD, the Office of the Governor requires a
variety of certificates of good standing with the state and local authorities, evidence of site
control, and evidence of adequate financial resources to construct the project. Included in the
exhibits are the following items that serve to prove the good standing, ownership and finances of
the applicant:
1. City of Corpus Christi Renewal Community Commercial Revitalization Application
Packet
2. Secretary of State (SOS) status of 1) individual 2) tenants and 3) any other entity.
3. Texas Comptroller of Public Accounts - corporate status, Tax ID, sales & use tax status, and
franchsie tax
4. Property Data Sheet Nueces County Appraisal District
5. Evidence that company is in good standing with the Nueces County Tax Collector
6. Letter of commitment from a lending institution stating that you qualify for a loan in
the amount necessary to construct or rehabilitate the project and/or evidence that
you have the funds available to complete construction or rehabilitation of the project.
7. Copy of warranty deed
8. Proof of authority to do business in Texas
—334—
Nueces Bay WLE, LP
Commercial Revitalization Deduction
Renovation of Nueces Bay Power Plant
2002 E. Navigation Blvd.
-337-
Executive Summary /Company Information/Purpose of Project
Nueces Bay WLE, LP and Topaz Power Group, LLC are pleased to present this
application for a binding commitment to make an allocation of the Commercial
Revitalization Deduction for the calendar year 2009, for the renovation of the property at
2002 E. Navigation Blvd., Corpus Christi, Texas.
Topaz Power Group has undertaken a major capital redevelopment project on the
site of the existing Nueces Bay Power Station on the Corpus Christi Ship Channel in the
City of Corpus Christi over a two -year period. The power plant is currently owned and
operated by Topaz Power Group, which is an Austin, Texas -based limited liability
company owned by a subsidiary of Carlyle/Riverstone Global Energy and Power Fund
III, L.P.
The subject property is actually owned by Nueces Bay WLE, LP, a Texas Limited
Partnership, owned .1% by Topaz Power Group GP II, LLC and 99.9% by Topaz Power
Group LP II, LLC. Any future references to the owner in this application will be to this
entity.
The three existing power generating units at the Nueces Bay Power Station were
built between 1949 and 1972. The oldest unit is expected to be demolished as part of the
project. The combined cycle of the redeveloped units is expected to have a total 692 -
MW capacity, which represents a net increase of 163 MW over the total capacity of the
current units. This project will provide electric power to the ERCOT power grid serving
areas outside the local region, will result in significant direct and indirect local
investment and job creation and will provide long term electric reliability for the entire
Nueces County region.
The redeveloped Nueces Bay units shall continue to be gas -fired power
generation units.
Included in the total costs of the renovation described in the development plan
section, are costs related to the redevelopment of existing buildings on the subject
property. Since these costs are related to the rehabilitation of existing buildings that
greatly exceed the cost basis of the buildings; the expenditures meet all tests for project
qualification under 1400I of the Internal Revenue Code. This application requests a
binding commitment to make a Commercial Revitalization Deduction allocation of $2.1
million for the 2009 calendar year.
2
—338—
Rehabilitation Development Plan
Nueces Bay WLE, LP has entered into an "Incentive Agreement" with the City of
Corpus Christi, Texas. A copy of the incentive agreement is attached in the exhibit
section of this application. The "Incentive Agreement" explicitly details the development
plan for the project. Below please find a brief synopsis of the project costs:
Capital Investment in redevelopment
of power generating units $344.5 million
Labor (construction personnel
and engineers) 88.5 million
Totals $433.0 million
3
—339—
Project Description
Legal Description and Zoning
The project is located at 2002 E. Navigation Blvd. and a map and legal
description of the property is presented below:
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RCJFDEC Addrw lowta
address 2007 E NAVIGATION BLVD 78402-1913 is in the Copu. Christi, TX Renewal Community
Sow Information dirk Mw to unto* Ito B .
TX • Gwen aw.<Es MANN • Cann TMLL, 0050.00
SpW1 -Pos mines& Csmmunb
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A. North
A legal description of the subject property can be found in the special warranty
deed presented in the exhibits section of this application. Current zoning information on
the subject property can also be found in the exhibits section.
—340—
Application of Section 1400I
Aside from meeting the Location requirements and being leasehold improvements
to real property the project satisfies the Qualified Building and Expenditure
requirements as follows:
In order to qualify for the Commercial Revitalization Deduction, the expenditure
must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building".
Section 1400I(b)(1XB) states that a qualified revitalization building means any building if
the building is placed in service by the taxpayer after the rehabilitation and the building is
substantially rehabilitated (within the meaning of section 47(c)(1)(C), which reads as
follows:
(C) Substantially rehabilitated defined
(i) In general
For purposes of subparagraph (A)(i), a building shall be treated as having been
substantially rehabilitated only if the qualified rehabilitation expenditures during the
24 -month period selected by the taxpayer (at the time and in the manner prescribed
by regulation) and ending with or within the taxable year exceed the greater of—
(I) the adjusted basis of such building (and its structural components), or
(II) $5,000.
The adjusted basis of the building (and its structural components) shall be
determined as of the beginning of the 1st day of such 24 -month period, or of the holding
period of the building, whichever is later. For purposes of the preceding sentence, the
determination of the beginning of the holding period shall be made without regard to any
reconstruction by the taxpayer in connection with the rehabilitation.
Qualified Building
In order to qualify for the Commercial Revitalization Deduction, the expenditure
must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building'.
Section 14001(b)(1)(A) states that a qualified revitalization building means any building if
the building is placed in service by the taxpayer and the original use of the building
begins with the taxpayer.
(b) QUALIFIED REVITALIZATION BUILDINGS AND EXPENDITURES- For
purposes of this section- -
(1) QUALIFIED REVITALIZATION BUILDING - The term qualified
revitalization building means any building (and its structural components)
5
—341—
if --
(A) the building is placed in service by the taxpayer in a renewal
community and the original use of the building begins with the taxpayer, or
(B) in the case of such building not described in subparagraph (A), such
building
(i) is substantially rehabilitated (within the meaning of section
47(c)(1)(C)) by the taxpayer, and
(ii) is placed in service by the taxpayer after the rehabilitation in a.
renewal community.
Qualified Expenditure
Section 1400I(bX2) states that in order to qualify for the Commercial
Revitalization Deduction, the expenditure must meet the tests of being a "Qualified
Revitalization Expenditure". There are several tests here with the first being an amount
properly capitalized and depreciable under section 168 of the IRC. As well,
1400I(b)(2)(i) requires the property must be non - residential real property or Sec.1250
property.
The following code sections establish that the expenditures incurred in the
construction of the project are qualified expenditures due to their nature as depreciable
real property used in a trade or business.
(2) QUALIFIED REVITALIZATION EXPENDITURE -
(A) 1N GENERAL - The term `qualified revitalization expenditure' means
any amount properly nhargeable to a capital account for property for which
depreciation is allowable under section 168 (without regard to this section)
and which is --
(i) nonresidential real property (as defined in section 168(e)), or
(ii) section 1250 property (as defined in section 1250(c)) which is
fimctionally related and subordinate to property described in clause (i).
Sec. 168. - Accelerated cost recovery system
(a) General rule
Except as otherwise provided in this section, the depreciation deduction provided
by section 167(a) for any tangible property shall be determined by using —
(1) the applicable depreciation method,
—342—
(2) the applicable recovery period, and
(3) the applicable convention.
(c) Applicable recovery period
For purposes of this section, the applicable recovery period shall be determined in
accordance with the following table:
In the case of The applicable recovery period is:
3-year property 3 years
5 -year property 5 years
7-year property 7 years
10 -year property 10 years
15 -year property 15 years
20 -year property 20 years
Water utility property 25 years
Residential rental property 27.5 years
Nonresidential real property 39 years.
Any railroad grading or tunnel bore 50 years.
(B) Nonresidential real property
The term "nonresidential real property" means section 1250 property
which is not -
(i) residential rental property, or
(ii) property with a class life of less than 27.5 years.
Sec. 1250. - Gain from dispositions of certain depreciable realty
(c) Section 1250 property
For purposes of this section, the term "section 1250 property" means any real
property (other than section 1245 property, as defined in section 1245(a)(3))
which is or has been property of a character subject to the allowance for
depreciation provided in section 167.
Sec. 167. - Depreciation
(a) General rule
There shall be allowed as a depreciation deduction a reasonable allowance for the
7
-.343—
exhaustion, wear and tear (including a reasonable allowance for obsolescence) -
(1) of property used in the trade or business, or
(2) of property held for the production of income.
Relevance to Allocation Plan
As stipulated in Section 1400I(e)(1)(A), the Commercial Revitalization Amount must
be allocated pursuant to a qualified allocation plan of the commercial revitalization
agency. A qualified allocation plan is described in 1400I(e)(2) as the plan which
established the priorities to be considered in the allocation process and the degree in
which a project contributes to this allocation plan.
(e)
RESPONSIBILITIES OF COMMERCIAL REVITALIZATION AGENCIES-
(1) PLANS FOR ALLOCATION- Notwithstanding any other provision of this
section, the commercial revitalization expenditure amount with respect to any
building shall be zero unless —
(A) such amount was allocated pursuant to a qualified allocation plan of
the commercial revitalization agency which is approved (in accordance with
rules similar to the rules of section 147(0(2) (other than subparagraph
(B)(ii) there of) by the governmental unit of which such agency is a part,
and
(B) such agency notifies the chief executive officer (or its equivalent) of
the local jurisdiction within which the building is located of such allocation
and provides such individual a reasonable opportunity to comment on the
allocation.
(2) QUALIFIED ALLOCATION PLAN- For purposes of this subsection, the
term qualified allocation plan' means any plan —
(A) which sets forth selection criteria to be used to determine priorities of
the commercial revitalization agency which are appropriate to local
conditions,
(B) which considers-
(i) the degree to which a project contributes to the implementation
of a strategic plan that is devised for a renewal community through a
citizen participation process,
(ii) the amount of any increase in permanent, full -time employment
–344–
8
by reason of any project, and
(iii) the active involvement of residents and nonprofit groups within
the renewal community, and
(C) which provides a procedure that the agency (or its agent) will follow in
monitoring compliance with this section.
Real Estate Contract and Finance
Attached as part of the exhibits is a copy of' the warranty deed showing that
Nueces Bay WLE, LP owns the subject property. Evidence of sufficient financial
resources can be obtained from the City of Corpus Christi, as this requirement has
already been met during the "Incentive Agreement" application.
Explanation of Good Standing Exhibits
As part of the approval process for the CRD, the Office of the Governor requires a
variety of certificates of good standing with the state and local authorities, evidence of
site control, and evidence of adequate financial resources to construct the project.
Included in the exhibits are the following items that serve to prove the good standing,
ownership and finances of the applicant:
1. City of Corpus Christi Renewal Community Commercial Revitalization Application
Packet
2. Secretary of State (SOS) status of 1) individual 2) tenants and 3) any other entity.
3. Texas Comptroller of Public Accounts - corporate status, Tax ID, sales & use tax
status, and franchise tax
4. Account Status from Texas Workforce Commission
5. Property Data Sheet Nueces County Appraisal District
6. Evidence that company is in good standing with the Nueces County Tax Collector
7. Copy of warranty deed
8. Proof of authority to do business in Texas
9
—345—
Pietsch Realty Investments, LLC
Commercial Revitalization Deduction
Renovation of
326 N. Chaparral Street
-349-
Executive Summary /Company Background/Purpose of Project
Pietsch Realty Investments, LLC is pleased to present this application for
allocation of the Commercial Revitalization Deduction for calendar year 2008, for the
renovation of the property at 326 N. Chaparral Street, Corpus Christi, Texas. The
building which has been vacant since a catastrophic fire destroyed much of the interior in
late 1990's, is being renovated for a bar /entertainment lease space.
The parties involved in this development include the applicant, Pietsch Realty
Investments, LLC and WV Chaparral- Lawrence, LLC (the lessee). Pietsch Realty
Investments, LLC is owned 50% by Christopher Todd Pietsch and 50% by C. Fredrick
Pietsch. WV Chaparral- Lawrence, LLC, a related entity, is owned 80% by Christopher
Todd Pietsch, 10% by Lindsay Abel and 10% by Ryan Pietsch, and will be operating a
bar /entertainment venue at the site location. A lease agreement between the two parties
will be executed upon the opening of the venue in late October of 2008.
WV Chaparral- Lawrence, LLC entered into a lease agreement with Gordon
Cizon, the previous owner, during 2007. Part of the lease agreement, was a purchase
option that was exercised in May of 2008 by Pietsch Realty Investments, LLC.
The building, located on the comer of Chaparral Street and Lawrence Street (and
includes 324 — 326 N Chaparral Street and 317 Lawrence Street) began renovations in
August 2007 and is slated to be completed in the later part of October of this year. The
development plans call for renovation of the existing facility to house a bar /entertainment
venue.
As shown in the development plan, since the costs to improve the property are for
the rehabilitation of an existing building that greatly exceeds the cost basis of the
building the expenditures meet all tests for project qualification under 14001 of the
Internal Revenue Code. Total cost for all real property improvements is $758,000 to
date, all of which are qualifying expenditures. This application requests an allocation of
$600,000 in the current year 2008, the year in which the building will be placed into
service.
The total investment for this project will be in excess of $1,300,000 including the
cost of the building, improvements, furniture and fixtures. Evidence of the financial
resources is presented in the subsequent attachments of this application. Involvement of
Residents and Non -profit groups includes identifying residents of the area in order to take
advantage of the Renewal Community Employment Tax Credit and also attempt to reach
the employment requirements for obtaining the Zero Percent Capital Gains on the
ultimate sale of the property.
1
—350—
Property Description
Legal Description and zoning:
The project is located at 326 N. Chaparral Street in Downtown Corpus Christi and
a map and legal description of the property is presented below:
A- 326 N. Chaparral St.
Lot seven (7), Block two (2), Beach Portion, according to the map recorded in volume A,
pages 2 -3, map records, Nueces County, Texas, save and except the 9.16' x 99.16' out of
the N.W. corner of Lot 7, Block 2, Corpus Christi, Texas
2
—351—
Development Plan
Pietsch Realty Investments, LLC purchased 326 N. Chaparral Street for $500,000
in May of 2008. The rehabilitation of this building will encompass a full renovation of
the first and second floors of the subject building. The renovations will be suited to
operating a bar /entertainment venue in Downtown Corpus Christi. The renovations
began in August 2007 and have been completed, awaiting inspections for all permits.
Major costs of renovations are as follows:
Sprinkler System $52,000
HVAC 60,000
Plumbing 54,000
Electrical 72,000
The total cost of renovations to date is $758,000. Other costs of renovations
include demolition, wall reinforcement, interior finish -out, and exterior facade updates.
Future expansion plans include utilizing the roof top to create a roof top deck experience.
This expansion is planned for the first quarter of 2009 and is expected to cost $125,000.
The total investment for the project will be in excess of $1,300,000.
Application of Section 14001
Aside from meeting the location requirements and being leasehold improvements
to real property the project satisfies the Qualified Building and Expenditure
requirements as follows:
In order to - qualify for the Commercial Revitalization Deduction, the expenditure
must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building ".
Section 1400I(b)(1)(B) states that a qualified revitalization building means any building if
the building is placed in service by the taxpayer after the rehabilitation and the building is
substantially rehabilitated (within the meaning of section 47(c)(1)(C), which reads as
follows:
(C) Substantially rehabilitated defined
(i) In general
For purposes of subparagraph (A)(i), a building shall be treated as having been
substantially rehabilitated only if the qualified rehabilitation expenditures during the
24 -month period selected by the taxpayer (at the time and in the manner prescribed
by regulation) and ending with or within the taxable year exceed the greater of-
3
-352—
(I) the adjusted basis of such building (and its structural components), or
(II) $5,000.
The adjusted basis of the building (and its structural components) shall be
determined as of the beginning of the 1st day of such 24 -month period, or of the holding
period of the building, whichever is later. For purposes of the preceding sentence, the
determination of the beginning of the holding period shall be made without regard to any
reconstruction by the taxpayer in connection with the rehabilitation.
Qualified Building
In order to qualify for the Commercial Revitalization Deduction, the expenditure
must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building'.
Section 1400I(b)(1)(A) states that a qualified revitalization building means any building if
the building is placed in service by the taxpayer and the original use of the building
begins with the taxpayer.
(b) QUALIFIED REVITALIZATION BUILDINGS AND EXPENDITURES- For
purposes of this section- -
(1) QUALIFIED REVITALIZATION BUILDING - The term qualified
revitalization building means any building (and its structural components)
if --
(A) the building is placed in service by the taxpayer in a renewal
community and the original use of the building begins with the taxpayer, or
(B) in the case of such building not described in subparagraph (A), such
building
(i) is substantially rehabilitated (within the meaning of section
47(c)(1)(C)) by the taxpayer, and
(ii) is placed in service by the taxpayer after the rehabilitation in a
renewal community.
Qualified Expenditure
Section 1400I(b)(2) states that in order to qualify for the Commercial
Revitalization Deduction, the expenditure must meet the tests of being a "Qualified
Revitalization Expenditure ". There are several tests here with the first being an amount
properly capitalized and depreciable under section 168 of the IRC. As well,
1400I(b)(2)(i) requires the property must be non - residential real property or Sec.1250
Property.
4
—353—
The following code sections establish that the expenditures incurred in the
construction of the project are qualified expenditures due to their nature as depreciable
real property used in a trade or business.
(2) QUALIFIED REVITALIZATION EXPENDITURE -
(A) IN GENERAL - The teen `qualified revitalization expenditure' means
any amount properly chargeable to a capital account for property for which
depreciation is allowable under section 168 (without regard to this section)
and which is --
(i) nonresidential real property (as defined in section 168(e)), or
(ii) section 1250 property (as defined in section 1250(c)) which is
functionally related and subordinate to property described in clause (i).
Sec. 168. - Accelerated cost recovery system
(a) General rule
Except as otherwise provided in this section, the depreciation deduction provided
by section 167(a) for any tangible property shall be determined by using —
(1) the applicable depreciation method,
(2) the applicable recovery period, and
(3) the applicable convention.
(c) Applicable recovery period
For purposes of this section, the applicable recovery period shall be determined in
accordance with the following table:
In the case of: The applicable recovery period is:
3 -year property 3 years
5-year property 5 years
7 -year property 7 years
10 -year property 10 years
15 -year property 15 years
20 -year property 20 years
Water utility property 25 years
Residential rental property 27.5 years
Nonresidential real property 39 years.
Any railroad grading or tunnel bore 50 years.
—354—
(B) Nonresidential real property
The term "nonresidential real property" means section 1250 property
which is not -
(i) residential rental property, or
(ii) property with a class life of less than 27.5 years.
Sec. 1250. - Gain from dispositions of certain depreciable realty
(c) Section 1250 property
For purposes of this section, the term "section 1250 property" means any real
property (other than section 1245 property, as defined in section 1245(a)(3))
which is or has been property of a character subject to the allowance for
depreciation provided in section 167.
Sec. 167. - Depreciation
(a) General rule
There shall be allowed as a depreciation deduction a reasonable allowance for the
exhaustion, wear and tear (including a reasonable allowance for obsolescence) -
(1) of property used in the trade or business, or
(2) of property held for the production of income.
Relevance to Allocation Plan
As stipulated in Section 1400I(e)(1)(A), the Commercial Revitalization Amount must
be allocated pursuant to a qualified allocation plan of the commercial revitalization
agency. A qualified allocation plan is described in 1400I(e)(2) as the plan which
established the priorities to be considered in the allocation process and the degree in
which a project contributes to this allocation plan.
(e) RESPONSIBILITIES OF COMMERCIAL REVITALIZATION AGENCIES-
(I) PLANS FOR ALLOCATION- Notwithstanding any other provision of this
section, the commercial revitalization expenditure amount with respect to any
building shall be zero unless—
(A) such amount was allocated pursuant to a qualified allocation plan of
the commercial revitalization agency which is approved (in accordance with
rules similar to the rules of section 147(1)(2) (other than subparagraph
6
-355-
(B)(ii) there of) by the governmental unit of which such agency is a part,
and
(B) such agency notifies the chief executive officer (or its equivalent) of
the local jurisdiction within which the building is located of such allocation
and provides such individual a reasonable opportunity to comment on the
allocation.
(2) QUALIFIED ALLOCATION PLAN- For purposes of this subsection, the
tern qualified allocation plan' means any plan —
(A) which sets forth selection criteria to be used to detennine priorities of
the commercial revitalization agency which are appropriate to local
conditions,
(B) which considers --
(i) the degree to which a project contributes to the implementation
of a strategic plan that is devised for a renewal community through a
citizen participation process,
(ii) the amount of any increase in permanent, full -time employment
by reason of any project, and
(iii) the active involvement of residents and nonprofit groups within
the renewal community, and
(C) which provides a procedure that the agency (or its agent) will follow in
monitoring compliance with this section.
Contribution to the Implementation of a Strategic Plan
This application used as a basis for a strategic plan the Comprehensive Plan for
the City of Corpus Christi and the South Central Area Development Plan. The
Comprehensive Plan and its elements have been prepared by the City of Corpus Christi
Planning and Development Department and adopted by the City Council as Ordinance of
the City.
The elements of the Comprehensive Plan serve as the best existing guide by
which to judge the appropriateness of a particular project. Therefore elements of this
Comprehensive plan will be used to measure the degree to which a project contributes to
the strategic plan for the renewal community. In accordance with Sec. 14001(e)(B)(iii),
the elements of the Comprehensive Plan were studied by numerous citizens and
community organizations and presented their verbal or written recommendations during
public hearing conducted by the Planning Commission and City Council.
7
–356–
By Ordinance of the City of Corpus On July 21, 1987, a document entitled City of
Corpus Christi Policy Statements: An Element of the Comprehensive Plan which should
be used as a guideline for growth and development for the entire City and to be used as a
guideline to facilitate Area Development Plans. The comprehensive policy statement set
forth the overall guiding philosophy or concept for the rest of the City's comprehensive
plan elements.
The policy statements enumerate seven specific goals for Corpus Christi and a
review of the list shows that the project complies with all of the specific goals in the
Comprehensive Plan.
1. MAINTAIN AND IMPROVE THE QUALITY OF LIFE FOR ALL CITIZENS
2. DEVELOP A VITAL AND GROWING ECONOMIC BASE FOR CORPUS
CHRISTI
3. MAINTAIN AND IMPROVE THE STABILITY OF EXISTING RESIDENTIAL
AND COMMERCIAL AREAS.
4. MAINTAIN AND ENHANCE THE NATURAL AND MAN -MADE ENTITIES OF
CORPUS CHRISTI.
5. PROMOTE EQUAL OPPORTUNITY FOR ALL CITIZENS TO PARTICIPATE IN
A QUALITY LIVING, WORKING, CULTURAL, AND RECREATIONAL
ENVIRONMENT.
6. ENCOURAGE ORDERLY DEVELOPMENT OF NEW RESIDENTIAL,
COMMERICAL, AND INDUSTRIAL PROPERTIES TO ACCOMMODATE
GROWTH.
7. ENCOURAGE A HIGH LEVEL OF DESIGN IN THE OVERALL DEVELOPMENT
OF THE CITY.
Active Involvement of Residents and Non -Profit Groups
Pietsch Realty Investments, LLC and WV Chaparral- Lawrence, LLC have
implemented a strategy to identify residents of the Renewal Community in order to take
advantage of the Renewal Community Employment Tax Credit and position the company
for Zero Percent Capital Gains in compliance with the requirements for such treatment.
Real Estate Contract and Finance
Attached as part of the exhibits is a copy of the warranty deed showing that
Pietsch Realty Investments, LLC owns the property and evidence of sufficient financial
resources is evidenced by the closing document and deed of trust showing the amounts
loaned by First Victoria National Bank.
8
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Explanation of Good Standing Exhibits
As part of the approval process for the CRD, the Office of the Governor requires a
variety of certificates of good standing with the state and local authorities, evidence of
site control, and evidence of adequate financial resources to construct the project.
Included in the exhibits are the following items that serve to prove the good standing,
ownership and finances of the applicant:
1. City of Corpus Christi Renewal Community Commercial Revitalization Application
Packet
2. Secretary of State (SOS) status of 1) individual 2) tenants and 3) any other entity.
Business Organization Inquiry Texas Secretary of State Domestic
Corporation in existence
3. Texas Comptroller of Public Accounts - corporate status, Tax ID, sales & use tax
status, and franchsie tax
4. Account Status from Texas Workforce Commission
5. Property Data Sheet Nueces County Appraisal District
6. Evidence that company is in good standing with the Nueces County Tax Collector
7. Letter of commitment from a lending institution stating that you qualify for a loan in
the amount necessary to construct or rehabilitate the project and/or evidence that
you have the funds available to complete construction or rehabilitation of the project.
8. Real estate contract demonstrating that you are acquiring the property, evidence that
you own the property or land lease agreement.
9. Copy of warranty deed
10. Proof of authority to do business in Texas
9
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Page 1 of 3
RESOLUTION
NOMINATING PROJECTS TO THE OFFICE OF THE GOVERNOR FOR
RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS
WHEREAS, the Department of Housing and Urban Development designated the City of
Corpus Christi's Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as a "Renewal
Community" eligible to share in tax incentives to stimulate job growth and promote
economic development;
WHEREAS, the Renewal Community designation provides federal tax incentives to
businesses located in the Renewal Community;
WHEREAS, each Renewal Community may allocate $12 million of Commercial
Revitalization Deductions per year and up to $10 million per project for substantially
rehabilitated or newly construction buildings in the Renewal Community;
WHEREAS, a business can deduct 50 percent of the building in the first year the building
is placed in service or deduct the full amount of eligible expenditures pro rata over 10
years;
WHEREAS, each Renewal Community may make the following types of allocations of the
Commercial Revitalization expenditure amounts — an allocation in the calendar year in
which a qualified revitalization building is placed in service; a binding commitment to make
an allocation of a specified dollar amount to a qualified revitalization building in the
calendar year in which the building is placed in service; and a carryover allocation;
WHEREAS, each Renewal Community must submit to the Office of the Governor a plan
for awarding its $12 million in Commercial Revitalization Deductions ( "Allocation Plan ");
WHEREAS, on December 19, 2006, the City Council adopted its Allocation Plan, titled
"City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's
Renewal Community Commercial Revitalization Deduction Allocation Program" ( "Local
Strategic Plan ") to submit to the Office of the Governor; and
WHEREAS, under its Local Strategic Plan, the City published notice of the Commercial
Revitalization Deduction application process, received applications, and reviewed
applications for compliance with the Local Strategic Plan;
WHEREAS, the City desires to nominate three (3) projects for allotments totaling
$5,150,000 for 2008 to complete the allocation for the current year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS,
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Page 2of3
SECTION 1. The following project is approved by the City of Corpus Christi
and nominated for approval by the Office of the Governor to certify the following allocation
of the Commercial Revitalization Deductions totaling $5,150,000:
1. Pietsch Realty Investments, LLC, to receive an allocation for $600,000 from
the 2008 Commercial Revitalization Deduction for a building located at 326
N. Chaparral. 8 - 10 jobs will be created.
2. UBP Properties, LLC, to receive an allocation for $1,500,000 from the 2008
Commercial Revitalization Deduction for a building located at 807 N. Upper
Broadway. 1 - 2 jobs will be created.
3. Nueces Bay WLE, LP, to receive a binding commitment for an allocation of
$2,100,000 from the 2009 Commercial Revitalization Deduction for a building
located at 2002 E. Navigation Boulevard, subject to the following upon
approval by the City Council in 2009:
a. Project will be placed in service by December 31, 2009
b. Funding is secured
c. Land /property acquisition is complete or under lease
d. Full -time jobs are created or retained.
SECTION 2. The City Manager, or designee, is authorized to execute a certification to the
Office of the Governor that the City of Corpus Christi has followed the procedure in its
Allocation Plan, to the best of his or her knowledge, and the application approved in this
Resolution is complete and meets the requirements of the commercial revitalization
deduction program.
ATTEST:
Armando Chapa
City Secretary
Approved: October 14, 2008
R. Qinin
First Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
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—368—
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
Page 3 of 3
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—369—
24
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive
(Project No. 6278)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of
$2,919,681.16 for the Laguna Shores Road Rehabilitation — Graham Road to Hustlin'
Hornet Drive for the Total Base Bid and Additive Altemate No. 1.
ISSUE: This project, part of the Bond 2004 street projects, involves elevating,
reconstructing and widening Laguna Shores Road between Graham Road and Hustlin'
Hornet Drive to alleviate frequent inundation during high tides that disrupts traffic flow. The
existing bridge structure over the channel will be demolished and reconstructed, and
approximately 5,700 linear feet of the roadway will be demolished and reconstructed. A
permit is required from the U.S. Army Corps of Engineers for mitigation of the impact on
wetlands. The project has bid and Council approval is required for construction to begin.
FUNDING: Funding for this project will come from the Capital Improvement Budget FY
2008.
RECOMMENDATION: Staff recommends approval of the motion as presented.
3A:g
evin R. Stowers
Interim Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A-1" Prior Actions
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
H: \HOME\VelmaP\GEMSTREET\6278 LAGUNA SHORES \CONSTRUCTIONVpe3Mrmtloc
BACKGROUND INFORMATION
SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Homet Drive
(Project No. 6278)
PROJECT DESCRIPTION: The project involves elevating, reconstructing and widening
Laguna Shores Road between Graham Road and Hustlin' Hornet Drive to alleviate
frequent inundation during high tides that disrupts traffic flow. It consists of a base bid with
Parts A and B and Additive Alternate No. 1.
> Base Bid, Part A— Bridge Construction: Consists of demolishing the existing bridge
structure over the channel; excavating approximately 805 CY for channel widening; and
installing a new box beam bridge structure and a new metal beam guard rail. It also
involves water and wastewater improvements at the channel crossing; specifically,
replacing approximately 140 LF each of 12" waterline, 16" force main, and 10" force
main as well as installing new air release valves at the channel crossing.
➢ Base Bid, Part B — Street Construction: Consists of demolishing, reconstructing and
widening approximately 5,700 LF of a two -lane 12 -foot roadway; installing
approximately 5,050 SY of articulated concrete matting; installing approximately 5,125
SY of erosion control matting; reconstructing new driveways with 18" RCP culverts and
safety end treatments; installing new sign structures along the roadway; and new
pavement striping and traffic buttons.
Additive Alternate No. 1: Consists of various street improvements contingency items,
such as removing the existing HMAC pavement, select fill for the embankment, and
other items.
The project requires a U. S. Army Corps of Engineers Wetlands Mitigation Permit, which
the City is awaiting. The U. S. Army Corps of Engineers Galveston Office has been
affected by the impact of Hurricane Ike, and is currently behind in their processing of
permits. The bid items have provisions that would allow for an extension of time for project
start.
BID INFORMATION: The City received proposals from six bidders on September 24, 2008
(see Exhibit "B" Bid Tabulation). The estimated construction cost is: Base Bid - $2,195,453;
Additive Alternate No. 1- $309,385. The bids for Total Base Bid only (Part A and Part B)
ranged from $2,619,043.95 to $3,798,275.42. The bids for Total Base Bid plus Additive
Altemate No. 1 ranged from $2,919,681.16 to $4,187,146.92.
According to the special provisions specifications for this project, the method of award is as
follows:
1. Total Base Bid (Part A + Part B), or
2. Total Base Bid + Additive Alternate No. 1
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EXHIBIT "A"
Page 1 of 2
Although two of the contractors submitted lower bids on Part B (street construction), the
method of award dictates that the total base bid shall consist of Part A (bridge
construction) and Part B (street construction) combined. Therefore, the City's consultant,
RVE, Inc., and City staff recommend that the construction contract be awarded to H &G
Contractors in the amount of $2,919,681.16 for the Total Base Bid (Part A and Part B) plus
Additive Alternate No. 1.
CONTRACT TERMS: The contract specifies that the working time for the completion of the
project will be 120 calendar days for Base Bid Part A (bridge construction) and 360
calendar days for Base Bid Part B (street construction), and that Part A will be constructed
concurrently with Part B. Completion is anticipated in November 2009.
PROJECT BACKGROUND: This project is part of the Bond Issue 2004 projects, which
were approved by voters on November 2, 2004, the City of Corpus Christi held an election
to consider a number of ballot propositions to fund major capital improvements for the
community. The Bond Issue 2004 package included $95 million in projects to be funded
from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health
and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects.
The projects targeted the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
—375—
H \HOMP\VeIntnPV,PMSTREE1169711 1 AQI INA SHORES\CONSTRUCTIOMAnanda Ba&nmvnd.doc
EXHIBIT "A"
Page 2 of 2
PRIOR PROJECT ACTIONS
SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Homet Drive
(Project No. 6278)
PRIOR COUNCIL ACTION:
1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi (Ordinance No. 026022).
3. May 31, 2005 - Ordinance appropriating $423,980 from the unappropriated
miscellaneous revenues from Water CIP Fund 4080; and appropriating and approving
the transfer of $423,980 from Water CIP Fund 4080 into Street CIP Fund 3530 for the
Laguna Shores Street Improvement Project; amending capital budget adopted by
Ordinance No. 026188 by increasing appropriations by $847,960. (Ordinance 026285)
4. May 31, 2005 - Motion authorizing the City Manager, or his designee, to execute a
Contract for Professional Services with RVE, Inc. in the amount of $423,980 for Laguna
Shores Road - Graham Road to Hustlin' Hornet. (BOND ISSUE 2004) (Motion No.
2005 -175)
5. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital
Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546)
PRIOR ADMINISTRATIVE ACTION:
1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
4. August 2, 2005 — Administrative approval of a geotech testing agreement with Rock
Engineering and Testing Laboratory Inc. in the amount of $16,630 for Laguna Shores
Road - Graham Road to Hustlin' Hornet.
5. May 1, 2007 — Administrative approval of Amendment No. 1 to the Contract for
Professional Services with RVE, Inc. in the amount of $24,770 for Laguna Shores Road
- Graham Road to Hustlin' Hornet.
6. February 5, 2008 — Administrative approval of Amendment No. 2 to the Contract for
Professional Services with RVE, Inc. in the amount of $0 for Laguna Shores Road -
Graham Road to Hustlin' Hornet.
7. July 23, 2008 — Administrative approval of Amendment No. 3 to the Contract for
Professional Services with RVE, Inc. in the amount of $43,380 for a restated fee of
$492,130 for Laguna Shores Road - Graham Road to Hustlin' Hornet.
8. July 24, 2008 - Administrative approval of a construction testing agreement with Rock
Engineering and Testing Laboratory Inc. in the amount of $5,430 for Laguna Shores
Road - Graham Road to Hustlin' Hornet.
—376—
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EXHIBIT "A -1"
Page 1 of 1
mum ea; no. c 3 J09,365.00
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LAGUNA SHORES ROAD REHABILITATION
GRAHAM RCA' TO HUSTLIN' HORNET DRIVE
PROJECT NO, 827E
REM OTY UNIT DESCRIPTION
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Heinove urines structure In accordance with the specifications
(complete M plate, per Lump Sum)
Remove Guard Rafts In accordance with the specification,
(cornp1ete In place, per Linear PWD
Excavation • Widen Gunnel M accordance with the
apeclflatbns, (compete In place, per Cubic Yard)
5" Concrete Deck Slab In accordance WM specifications,
(complete N place, per Square Foot)
Prestressed Concrete Box Beam (Type 4820) In accordance
with the epWMcaM1aM, complete In place per Linear Foot)
Prestressed Concrete Box Beam (Type 5520) In accordance
with the apecfkalba, complete in place per Linear Pont)
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at AB mein In atamance with the specifications,
(Compare b pita, per Linear Foot)
Concrete Abutment (Type 020 Beam) (CL C) M accordance
win the apedficellons. (00074949 In place, per Cubic Yard)
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ElesSomeric 5arlry ((620-N) In accordance wNh the
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Class II Condee Surface Treatment In accordance with the
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Remove 12' Walellpe et Channel Cmashp In accordance with
specIIalbns, (ampNle In place. per Linear Fool)
12' PVC Waterline Under Channel In accordance with the
Specifications. (complete N pace. per Linear Foot)
Trench Sally In accordance with the sacllations, (complete
and In pace. per Linear F000
Nemave 10' Pome Main at Channel Crossing In accordance
with the specifications, (complete In place. per Linear Fool)
Remove 16" Forte Main at Channel Crossing in accordance
with the speclflcalbns, (complete In place, per Linear P000
I10" PVC Forte Main Under Channel In accordance with the
speclfl0lbns, (complete b place, per Linear Fool)
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P.O. Box 839
Conroe, TX 77305
TOTAL
PRICE
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$ 213750
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P.G. Box 1028
Ingleside, TX 76362
TOTAL
PRICE
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UNIT
PRICE
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Salinas Construction
Taetnologles, Ltd
3734 FM 3008
Pleasanton. TX 76064
TOTAL
PRICE
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$ 31.785.051
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Construction, Ltd.
P.O. Box 7602
Corpus Christi. TX 76487
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$ 8.000.001
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5 21.89200'
$ 373,700.00
$ 48,125.00
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P,0. Box 6906
Corpus Christi, TX 70489
TOTAL
PRICE
$ 15,500.00
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P&G Contractors, Inc.
P.O. Box 10706
Corpus Christi, TX 78460
TOTAL
PRICE
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$ 2,982.501
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15 35.442.00
$ 186485.00-1
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54,837 50
$ 1,782 .00
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LAGUNA SHORES 130A13 REHABILITATION
GRAHAM ROAD TO HUSTLIM HORNET DRIVE
PROJECT N0. 6276
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Air Release Valve ArisenNy -16' Force Main In accordance
MI5 the specifications, (complete M place, per Each)
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Trench Safely In actNeace with the specifications, (complete
and M place. pet Linear Foot)
Connect to Existing 10' Force Main M accordance wOh the
specifications. (meipMe hi Mace, per Lump 511)
Conned to ExIsthp 18' Fdree Maln M accordance with the
spedhutbns, (compete M place. per Lump Sum)
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, A2.1412.15, A3.1 #32 664.1- .44.10)
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88
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Temporary Tnmc Control M accordance with the
specifications, (complete In place. per 1-011P Sum)
O2pne AddMory Day M accordance with the specifications.
(complete In pleat, Per Day)
Storm Water PolIMbn Prevention Plan and ImplemeMalbn In
accordance with the specifications, (cemplele and In place per
Lump Sum)_
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'Allowance tor ConsinttIoq Start Exlensbn In accordance with
Specie, Provisions A-58, b 14 day Inmmmds as needed
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'Remove Existing Roadway Sign In accordance with the
specifications. (complete In place, per Each)
Remove Existing Driveways Si accordance with the
sledlkatbna, template M place, per Sgaure Foot)
1' Orange Constmdbn Barter Fence In accordance with the
spedfPatient. ( compete Si place. per Linear Foot)
Select FM Embankment M accordance Atli the specifications.
(compete M place, per Cud* Yam)
Geogtq EX 1103 M accordance wan the specifications.
(compete M place. per Square Yam)
114' Type A Grade 1 Base (Flexible Bose- High Strength) in
accordance wi l the specifications. (complete M place, per
Square Yard)
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loriveway Reconstruction In accordance with the specifications,
(compete b place. per Square Foot)
AttlMMed Concrete Block Matting M accordance with the
spedflcatbm, ( omplete In place, per Square vast)
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P.O. Box 630
Conroe. TX 77305
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S 281.251
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Grade Adjustment for 12' Waterline Valve Riser In acrnrdance
66.1 6 EA $ 45000 $ 2700.00 E 1200.00 E 7,200,00 $ 700.00 $ 4.200.00 $ 825.41 $ 4,952.48 $ 741.00 $ 4,448.00 $ 750.00 E 4,50000
with the specifications. (nmprate M place. per Each)
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$ 228 .75
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•onstmctlon
109188, Ltd
FM 3006
T% 76064
TOTAL
PRICE
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$ 10,30050
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Mon, Ltd.
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7692
MI. TX 78467
TOTAL
PRICE
E 8,597.50
$ 217 50
$ 748.001
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P.O. Box 0906
Corpus Christi, T %78466
TOTAL
PRICE
E 782.60
$ 16.000.00
S 29,920.001
E 27954001
$ 2,400.00
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HMG Contractors. Inc.
P.O. Box 10706
Corpus Christi, T %78460
TOTAL
PRICE
E 6,032.00
S 195.00
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5 12,180.00
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E 24.422201
E 16.208.001
5 3,287.00
$ 27,332.801
E 900.00
E 1,800.00
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5 45000
S 450.00
LAGUNA SHORES ROAD REHABILITATION
GRAHAM ROAD TO HUSTLIN HORNET DRIVE
PROJECT NO. 8273
DESCRIPTION
Retective Pavement Markings TY. 1 (W) (41 OSLO) (100 mil)
In at:conlancewt the specXkalMB, (complete In place, per
Square Foot)
Reflective Pavement Markings TY. 1 (W) (8') (SLO) (100 Coll)
In accordance with Be specifications. (complete In place, per
Square FOOL)
Reflective Pavement Markings TY. 1 (W) (24 ") (SLD) (100 mil)
In accordance with the specifications, (complete In place, per
Square Foot)
RvBMNe Pavement Markings 71,1 (Y) O-) (ORN) ON MIL)
In accordance with the specifications. (complete In place, per
Square Foot)
6616dM Pavement mantraps 11011800r TY.II'A'A In
secmdance with the sped8Cations, (Complete In place, per
Each)
Metal Beam Guard Rail In accordance with the specifications.
(complete In pleas, per Linear Fool)
501F Standard Guardrail Terminal (SGT) In accordance with
the specifications. (complete In place, per Each)
Guard RY End TrealnM8 M somMenc9 with the
spad8nlbne, (Comdata m place, per Eadl)
New Roadway 519171/18=011181100 w8h the specifications.
(complete In plan, per Eadl)
Roadway/Right-of-way excavation (complete M place, per
Cubic Yard)
Remove Drainage Culverts In accordance with the
specifications, (nmplele in place, per Linear Foot)
RC Pipe (CL 111) (18') . Driveways In acordance with the
specifications, (complete in don. per Linear FOOL)
Sale End TN. (TY II) RC Pipe (18') (6:1) In accordance col@ the
specifications, (complete M place. per Each)
RC Plpe (CL 111) (241 Cross Drainage Si accordance with the
spedfcatMS, (00mpleie in place, per Linear Foot)
Sale End Td. (TY It) RC Pipe (24') (311) In accordance with the
apedlcal)one, (complete In place, per Each)
Re -Grade Ditch M accordance with the specification. (complete
In place, per Linear Foot)
wane Aafustmen1 Mr 10' Force Main Verve RISer In
accordance with the spedtnliom, (complete In Mace. per
Each)
Grade Ad(uslmem for 16' Force Main Valve Riser In
attddance with the specifications. (nmPlele In place. per
Each)
TOTAL BASE BID PART B:
(BId Items 81.181.6, 82.1412.23, 83.1 -82.8, 64.1 6135.143E2)
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SLC Construction, L.P.
P.O. Box 639
Conroe. TX 77305
UNIT TOTAL I I PRICE I E PRICE PRICE PRICE PRICE
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$ 25,312.50
.213,75.1 10
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1$ 10,360.00
$8,
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Gantt Construction Co.
P.O. Box 1028
Ingleside, TX 78362
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$ 4,348.90
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$ 277.201
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Salinas Construction
Technologies. Ltd
3734 FM 3006
Pleasanton. 7%75064
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$ 2.957.605.40 E 2993,921,43
Haas-Anderson
Construction, Ltd.
P.O. Box 7692
Corpus ChdeB, TX 78467
UNIT 1 TOTAL
PRICE PRICE
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$ 22,501
$
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IS 1 ,706.25
$ 100]5
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15 6,212.501
8
1 5 23,40.00
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Bay Ltd.
P.O. Box 9909
Corpus Christi, TX 76469
UNIT TOTAL I UNIT I TOTAL
PRICE PRICE 1 PRICE PRICE
3,p jWS'^4",- i•nz —.� T ' " }°3°aPy'
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$ 3 ,728.751
8
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$ 283.501
8
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$
8
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HAG Contractors, Inc.
P.O. Box 10706
Corpus Chdell, TX 70460
TOTAL BASE BID (Part A • Part B):
TOTAL BASE 610 ELUS ADDITIVE ALTERNATE NO. 1:
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Remove Exb1td HMAC Pavement M =Pardente with the
epe_dllatbns, (complete M pbce, per Snare Yard)
8
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1
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$
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14' Type A Grade 1 Base (Flexible Base - Koh Strength) in
acv odsnce with the spedflaB0ns, (complete in place. per
Square Yard)
Pdme Coat in accordance with the spedflatbns. (complete in
place. per Gallon)
1
'€ 6'
8.
rug
8$
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GgIRK
E-
81
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11
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Reflective Pavement MaMrgs TV. 1 (W) (6') (SID) DOD m00
In accordance wit the sp tfatbm. (complete In place. per
Spare Foot)
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a$$
j$p�E8:
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)Reflective Pavement Markings Reflector TY.II -A -A M 1
accordance with Me specification, (complete In place, per
Each)
fi
8
=
i
2s
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$a
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RC Pipe (CL In) (1C)- omewsays in accordance with the
specifications. (complete M place. per Linear Fpm)
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0£B
8
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1Re -Grade Ditch M secordance with the specification, (complete
in place. per Linear Foot)
j
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$0
6
18
<%
F
UL
EE
28
LAGUNA SHORES ROAD REHABILITATION
GRAHAM ROAD TO HUSTLIN' HORNET DRIVE
PROJECT NO. 6278
F
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ce x Oly. Sedion B -2 -7 states. 'The unit price shall govern over the amou
8
2
EXHIBIT "B"
LAGUNA SHORES ROAD
GRAHAM ROAD TO HUSTLIN' HORNET
(PROJECT NO. 6278)
PROJECT BUDGET
October 21, 2008
FUNDS AVAILABLE
ESTIMATED
BUDGET
Street CIP
$3,411,644.48
Water CIP
75,814.32
Wastewater CIP
200,907.95
Storm Water CIP
102,349.34
Construction Management (AGCM Inc.)
15,084.00
Total
$ 3,790,716.09
FUNDS REQUIRED
Construction Cost (H &G Contractors)
$ 2,919,681.16
Construction Contingencies
291,968.12
A/E Consultants (RVE Inc.)
492,130.00
Testing Services (Rock Engineering & Testing Lab)
22,060.00
Construction Management (AGCM Inc.)
15,084.00
Engineerinq Reimbursements
16,290.00
Finance Reimbursements
29,196.81
Incidental Expenses (Printing, Advertising, etc.)
4,306.00
Total
$ 3,790,716.09
-381-
EXHIBIT "0"
Page 1 of 1
\Mproject \councilexhibits \exh6278b. d wg
CORPUS CHRISTI BAY
N
PROJECT No. 6278
[PROJECT LOCATION
LOCATION MAP
NOT 70 SCALE
EXHIBIT 'D'
LAGUNA SHORES ROAD
REHABILITATION - GRAHAM ROAD
TO HUSTLIN' HORNET DRIVE
—QA9_
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 10/10/2008
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25
AGENDA MEMORANDUM
DATE: October21, 2008
SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264)
(BOND ISSUE 2004)
ADVANCE FUNDING AGREEMENT
AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an
Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the
amount of $1,683,570 for the North Port Avenue from IH 37 to US 181. (BOND ISSUE
2004)
ISSUE: The State of Texas, acting through the Texas Department of Transportation, has
agreed to enter in an Advance Funding Agreement with the City of Corpus Christi for the
North Port Avenue from IH 37 to US 181. The City's participation is to provide the right -of-
way required, and any utility adjustments and /or relocation costs. The City's participation
also consists of construction responsibilities, including advertise for construction bids, issue
bid proposals, receive and tabulate the bids, and construction contract award. The City will
administer the contracts throughout the construction phase of the project.
FUNDING: Funding is available from the FY 2008 -2009 Street Capital Improvement
Program Budget.
RECOMMENDATION: Staff recommends approval of the Resolution as presented.
Kevin Stowers,
Interim Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Project Actions
Exhibit "B" Advance Funding Agreement
Exhibit "C" Location Map
H:\ USERS2U4OME \VELMAP \GEN \TXDOTNORTH PORT AVENUE AGENDA ben 55
BACKGROUND INFORMATION
SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264)
(BOND ISSUE 2004)
ADVANCE FUNDING AGREEMENT
ADVANCED FUNDING AGREEMENT: The City's participation is 20% of the cost of the
improvements and 80% will be paid for with federal funds. The total estimated cost of the
proposed Project is $8,017,000. It is understood that the proposed improvements will be
done by the City of Corpus Christi. The City of Corpus Christi will transmit to the State with
the return of the Advance Funding Agreement, a warrant or check in the amount of
$80,170 made payable to the "Texas Department of Transportation" for the City's share of
the State's costs of review and oversight for the Project. This is a construction estimate
only; final participation amounts will be based on actual charges to the Project.
The Texas Department of Transportation anticipates letting the proposed project in
February 2009. The construction responsibilities will be carried out by the City of Corpus
Christi as follows:
a. Advertise for construction bids, issue bid proposals, receive and tabulate the bids
and conditional award of the project, and formally award the project. Administer
the contract throughout the construction phase of the project. Administration of
the contract includes the responsibility for construction engineering, construction
record documentation and for issuance of any change orders, supplemental
agreements, amendments, or additional work orders, which may become
necessary subsequent to the award of the construction contract with the approval
of the State. In order to ensure federal funding eligibility, projects must be
authorized by the State prior to advertising for construction.
b. All contract letting and award procedures must be approved by the State prior to
letting and award of the construction contract. The City shall notify the State of
pre - letting, and pre - construction meetings; invitation to work -in- progress meetings.
c. All contract change order review and approval procedures must he approved by
the State prior to start of construction.
d. Upon completion of the Project, the City will issue and sign a "Notification of
Completion" acknowledging the project's construction completion along with one
set of "as built" plans.
e. For federally funded contracts, the parties to the Advance Funding Agreement will
comply with federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
Form "FHWA- 1273" in the contract bidding documents. If force account work will
EXHIBIT 'A"
Page 1 of 2
H: USERS2\HOME\VELMAP\GEMTXDOTNORTH PORT AVENUE\2006 OQIOIBR(FIANCE FUNDING AGREEMENT WGENDA BACKGROUND
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR, Part B.
Following is a breakdown of the costs:
DESCRIPTION
TOTAL
ESTIMATE
COST
PARTICIPATION
FEDERAL
STATE
LOCAL
COST
%
COST
%
COST
Construction
$8,017,000
80%
$6,413,600
0%
$0
20%
$1,603,400
Subtotal
8,017,000
80%
6,413,600
0%
0
20%
1,603,400
Direct State Costs (includes
plan review, inspection and
oversight) 5%
400,850
80%
320,680
0%
0
20%
80,170
Indirect State Costs (no local
participation required except
for service projects)
497,856
80%
398,285
20%
99,571
0%
0
Total
$8,915,706
$7,132,565
$99,571
$1,683,570
PROJECT DESCRIPTION: The North Port Avenue from IH 37 to US 181 Project is a
Bond Issue 2004 project that will provide primary access from IH 37 to the Port of Corpus
Christi. The scope of the work consists of the reconstruction of a four (4) lane roadway
including protected left turn lane with new curb and gutter and sidewalks; Americans with
Disabilities Act (ADA) curb ramps; lane stripping and pavement markings; underground
storm water system improvements; water and wastewater improvements; removal of
abandoned /unused driveways; and new street lighting.
The total projected cost of constructing the project, including water, wastewater, storm
water utilities, street lighting, and parking areas is $18,056,217. The total TXDOT portion
of the estimated• cost of construction is $8,915,706, of which the City's portion is
$1,683,570. TXDOT anticipates letting the project in February 2009.
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2004. The November 2, 2004 election was
held jointly with Nueces County and coincided with the Presidential Election. The Bond
Issue 2004 package includes $95 million in projects to be funded from ad valorem property
taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public
Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed
projects target the City's most immediate needs to improve existing physical facilities,
provide for growth, and protect the City's investment in its infrastructure.
FUNDING: Funding is available from the FY 2008 -2009 Street Capital Improvement
Program Budget.
EXHIBIT 'A"
Page 2 of 2
H: \USERS2WOME\VELMAP\GEN \TXDOT WORTH PORT AVENUE\2008 OCTOY82CFpNCE FUNDING AGREEMENTAGENDA BACKGROUND
PRIOR PROJECT ACTIONS
SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264)
(BOND ISSUE 2004)
ADVANCE FUNDING AGREEMENT
PRIOR COUNCIL ACTION:
1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the
2004 Bond Capital Improvement Projects. (Resolution No. 026015)
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi. (Ordinance No. 026022)
3. June 13, 2006- Resolution authorizing the City Manager, or his designee, to execute
an Advanced Funding Agreement with the Texas Department of Transportation
(TXDOT) in the amount of $153,000 for North Port Avenue from IH 37 to US 181.
(Resolution No. 026827)
4. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a
loan application to the Texas Military Preparedness Commission for their Texas
Military Value Revolving Loan Fund in the amount of $10,507,390 for the
reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour
Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron
Field. (Resolution No. 026830)
5. June 13, 2006 — Resolution approving the reimbursement statement expressing the
City's official intention to reimburse the costs of projects funded through the Texas
Military Value Revolving Loan Fund. (Resolution No. 026831)
6. September 12, 2006 - Resolution authorizing the City Manager, or his designee, to
execute an Advanced Funding Agreement with the Texas Department of
Transportation (TXDOT) in the amount of $330,424 for North Port Avenue from IH 37
to US 181. (Resolution No. 026978)
7. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the
amount of $146,994,500. (Ordinance No. 026997)
EXHIBIT "A -1"
Page 1 of 2
H:\ USERS2 *IOME\VELMAP \GEMTXOONJORTH PORT AVENUE\200B OL.18E8F&DVANCE FUNDING AGREEMEN1\PRIOR PROJECT ACTIONS
8. April 10, 2007 — Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus
Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181.
(Motion No. M2007 -095)
9. June 10, 2008 — Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract For Professional Services with MEI maverick
Engineering, Inc. from Corpus Christi, Texas in the amount of $1,970,108, for a total
restated fee not to exceed $2,719,329, for North Port Avenue from IH 37 to US 181.
(Motion No. M2008 -147)
PRIOR ADMINISTRATIVE ACTION:
1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-
03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
EXHIBIT "A -1"
Page 2 of 2
H: \USERS2W OME\VELMAP\GEMTXOOT\NORTH PORT AVENUE\2008 OCTOB9i8c9'AOICE FUNDING AGREEMENTIPRIOR PROJECT ACTIONS
CSJ # 0916 -35 -155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For North Port Avenue Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ",
and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called
the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 111044 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Goveming Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
The scope of work for this LPAFA is described as reconstruction of a 4 -lane roadway and
protected left turn lane with new curb and gutter and sidewalks; Americans with Disabilities Act curb
ramps; lane striping and pavement markings; underground storm water system improvements; water
and wastewater improvements; removal of abandoned /unused driveways; and new street lighting.
Location of the project is on North Port Avenue from IH 37 to US 181 in Corpus Christi. The portion
proposed for this project will provide the primary access from IH 37 to the Port of Corpus Christi.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.— �.1
CYHIRIT "B"
CSJ # 0916 -35 -155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, The Local
Govemment is responsible for performance of any required architectural or preliminary
engineering work. The State will review and comment on the work as required to accomplish the
public purposes of the Local Government. The State will cooperate fully with the Local
Government in accomplishing these local public purposes to the degree permitted by State and
Federal law. The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and
the special specifications and special provisions related thereto, the latest edition and revisions of
the State's Roadway Design Manual or the American Association of State Highways and
Transportation Officials A Policy on Geometric Design of Highways and Streets, and /or the
American Association of State Highway and Transportation Officials Policy for the Development of
Bicycle Facilities.
10. Construction Responsibilities will be carried out by the, Local Govemment. as follows and not as
stated in the Master Agreement:
a. The local Govemment shall advertise for construction bids, issue bid proposals, receives
and tabulate the bids and conditional award of the project, the Local Government can then
formally award the project. The Local Government will administer the contract throughout
the construction phase of the project. Administration of the contract includes the
responsibility for construction engineering, construction record documentation and for
issuance of any change orders, supplemental agreements, amendments, or additional work
orders, which may become necessary subsequent to the award of the construction contract
with the approval of the State. In order to ensure federal funding eligibility, projects must
be authorized by the State prior to advertising for construction.
b. All contract letting and award procedures must be approved by the State prior to letting and
award of the construction contract. The Local Government shall notify the State of pre -
letting, and pre - construction meetings; invitation to work -in- progress meetings.
c. All contract change order review and approval procedures must he approved by the State
prior to start of construction.
d. Upon completion of the Project, the Local government will issue and sign a "Notification of
Completion" acknowledging the project's construction completion along with one set of "as
built" plans.
e. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR, Pact ij1 _
CSJ # 0916 -35 -155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Govemment's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non - federal and non -state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Govemment's funding share for the estimated cost of preliminary engineering
for the project. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
e. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Govemment shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Govemment shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
govemment. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
EXIiIBIT "B"
CSJ # 0916 -35 -155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Govemment shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider. At the request of the State,
the Local Government shall submit any information required by the State in the format directed by
the State.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Debarment Certification. The Local Govemment shall not contract with any person that: is
suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal agency or that is debarred or suspended by the State.
17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
FXHIRIT "R"
CSJ # 0916 -35 -155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and /or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Date:
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
HIBIT "B"
CSJ # 0916 -35 -155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
EXHIBIT `B"
ATTACHMENT B
PROJECT LOCATION MAP
CSJ # 0916 -35 -155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
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EXHIBIT "B"
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Actual
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oo
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1,603,400
80,170
o
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0
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0
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O
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o
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(20 %)
1,603,400
1,603,400
0
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it
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Federal
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398,285
7,132,565
Total
Estimate
Cost
8,017,000
O
O
O
IC
0
C
ao
400,850
497,856
8,915,706
Q
Z
N/A
Description
Construction
SUBTOTAL
Direct State Costs (including plan
I review, inspection and oversight) 5%
clndirect State Costs (no local
participation required except for
service projects)
TOTAL
First Payment due prior to PS &E by
State
Second payment due 60 days prior to
the project letting
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Revised 05/02/2008
FYWIRIT "R"
AFA— LPAFA_OffSys
File : \ Mproject \councilexhibits \exh6264.dwg
San Patricio County
LOCATION MAP
NOT TO SCALE
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VICINITY MAP
NOT TO SCALE
CITY PROJECT No. 6264
EXHIBIT 'C'
NORTH PORT AVENUE -FROM
IH -37 TO US HWY 181
—2QR-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 10 -06 -2008
- OM
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION ( TXDOT) IN THE
AMOUNT OF $1,683,570 FOR NORTH PORT AVENUE FROM IH
37 TO US 181 FOR CONSTRUCTION WORK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute an
Advance Funding Agreement with the Texas Department of Transportation
(TXDOT) in the amount of $1,683,570 for the construction work for North Port
Avenue from IH 37 to US 181.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS O FO5J4(13- Oct -08
Veronica Ocanas
Assistant City Attorney
For City Attorney
—399—
Henry Garrett
Mayor
HAI F(:_IIIRNwrnnirmf\1 FN(:\1 A f: F N fl A IT F NI S \OR In7in \1 f191 RFSf adv R inr1 A Nn46Dnr1 A..n d,...
day of , 2008.
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Michael McCutchon
—400—
26
CITY COUNCIL
AGENDA MEMORANDUM
October 21, 2008
AGENDA ITEM: Resolution approving the Utilities Business Office Policy to Detect and
Prevent Identity Theft.
ISSUE: The Fair Credit Reporting Act was amended to require that utilities adopt
programs to identity, detect and mitigate identity theft.
REQUIRED COUNCIL ACTION: Approval of the Resolution.
CONCLUSION AND RECOMMENDATION: App rovaof a ' esolution.
Attachments:
Background Information
Resolution
Policy
-403-
Michae Barrera i
Assistant Director of Financial Services
BACKGROUND INFORMATION
The Fair Credit Reporting Act was amended to require that banks and "creditors"
adopt programs to identify, detect and mitigate identity theft by November 1, 2008.
The Federal Trade Commission has adopted rules to implement this program, and
its definitions include utilities as a type of creditor. The term `creditor" is defined to be
any person who regularly extends, renews, or continues credit. "Credit" is defined as
the right granted by a creditor to a debtor to defer payment of debt or to incur debts
and defer its payment or to purchase property or services and defer payment
therefore.
The basic elements of the program are as follows:
(1) identify relevant "red flags" applicable to your utility account process
(2) identify how your utility detects the "red flags"
(3) explain how your utility will respond to any "red flags" that are detected, in order
to prevent and mitigate identity theft
(4) review and update the program.
A "red flag" is defined as a "pattern, practice, or specific activity that indicates the
possibility of identity theft."
The Utilities Business Office currently has similar procedures in place to detect and
prevent identity theft. The guidelines in the new policy serve to formalize those
procedures and enhance the protection afforded to our customers.
-404-
RESOLUTION APPROVING A POLICY REGARDING IDENTITY THEFT DETECTION
AND PREVENTION FOR UTILITY CUSTOMER ACCOUNTS
Whereas, the Fair & Accurate Credit Transactions Act of 2003 ( "Act") was signed into
law to amend the Fair Credit Reporting Act, to improve accuracy of consumer reports
and help prevent identity theft in covered accounts;
Whereas, under the rules adopted pursuant to the Act, covered accounts includes
municipal utility accounts;
Whereas, under the rules adopted pursuant to the Act, municipal utilities are required
to implement a written program for the detection, prevention and mitigation of identity
theft as related to utility accounts;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
Section 1. The City Council approves the attached policy to detect and prevent identity
theft related to utility customer accounts.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on
the day of , 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved: pct• I ° 2oot%
Lisa Aguilar J
Assistant City Attorney
for City Attorney
-405-
City Policies
City of
Corpus
Christi
SUBJECT: Identity Theft Detection and Prevention for NO: F -5.3
Utility Customer Accounts EFFECTIVE: 11/01/08
APPROVED: DATE:
'Angel Escobar
Interim City Manager
I. PROGRAM ADOPTION
The City of Corpus Christi ( "Utility ") developed this Identity Theft Prevention Program
( "Program ") pursuant to the Federal Trade Commission's Red Flags Rule ( "Rule "), which
implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C.
F. R. § 681.2. This program was approved by Corpus Christi City Council on
, 2008.
II. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule
Under the Red Flags Rule, every financial institution and creditor is required to
establish an "Identity Theft Prevention Program" tailored to its size, complexity
and the nature of its operation. Each program must contain reasonable policies
and procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and
incorporate those Red Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and
mitigate Identity Theft; and
4. Ensure the Program is updated periodically, to reflect changes in risks to
customers or to the safety and soundness of the creditor from Identity Theft.
F -5.3 Identity Theft Detection and Prevention for UtilityON er Accounts Page 1 of 6
B. Definitions
This Policy incorporates the following defmitions:
1. The Red Flags Rule defines "Identity Theft" as "fraud committed using the
identifying information of another person" and a "Red Flag" as "a pattern,
practice, or specific activity that indicates the possible existence of Identity
Theft."
2. According to the Rule, a municipal utility is a creditor subject to the Rule
requirements. The Rule defines creditors "to include finance companies,
automobile dealers, mortgage brokers, utility companies, and
telecommunications companies. Where non - profit and government entities
defer payment for goods or services, they, too, are to be considered creditors."
3. All the Utility's accounts that are individual utility service accounts held by
customers of the utility whether residential, commercial or industrial are
covered by the Rule. Under the Rule, a "covered account" is:
a. Any account the Utility offers or maintains primarily for personal, family
or household purposes, that involves multiple payments or transactions;
and
b. Any other account the Utility offers or maintains for which there is a
reasonably foreseeable risk to customers or to the safety and soundness of
the Utility from Identity Theft.
4. "Identifying information" is defined under the Rule as "any name or number
that may be used, alone or in conjunction with any other information, to
identify a specific person," including: name, address, telephone number, .
social security number, date of birth, government issued driver's license or
identification number, alien registration number, government passport
number, employer or taxpayer identification number.
III IDENTIFICATION OF RED FLAGS
In order to identify relevant Red Flags, the Utility considers the types of accounts that it
offers and maintains, the methods it provides to open its accounts, the methods it
provides to access its accounts, and its previous experiences with Identity Theft. The
Utility identifies the following red flags, in each of the listed categories:
A. Notifications and Warnings received from consumer reporting agencies or other
consumer information service providers
1. Report of fraud accompanying a consumer report;
2. Notice or report of a credit freeze on a customer or applicant.
F -5.3 Identity Theft Detection and Prevention for Utility Casten rtccounts Page 2 of 6
B. Suspicious Identifying Information
1. Identifying information presented that is inconsistent with other information the
customer provides (example: inconsistent birth dates);
2. Identifying information presented that is inconsistent with other sources of
information (for instance, an address not matching an address on a credit report);
3. Identifying information presented that is the same as information shown on other
applications that were found to be fraudulent;
4. Identifying information presented that is consistent with fraudulent activity (such
as a social security number or driver's license number that is the same as another
utility customer);
5. An address presented that is the same as that of another person;
6. A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law social security numbers
must not be required); and
7. A person's identifying information is not consistent with the information that is
on file for the customer.
C. Suspicious Documents
1. Identification document or card that appears to be forged, altered or not authentic;
2. Identification document or card on which a person's photograph or physical
description is not consistent with the person presenting the document;
3. Other document with information that is not consistent with existing customer
information or is not consistent with readily accessible consumer information; and
4. Altered lease documents, or altered divorce decrees or altered marriage
certificates.
D. Suspicious Account Activity or Unusual Use of Account
1. Change of address for an account followed by a request to change the account
holder's name;
2. Mail sent to the account holder is repeatedly returned as undeliverable;
3. Notice to the Utility that an account has unauthorized activity;
F -5.3 Identity Theft Detection and Prevention for Utility Et419&rAccounts Page 3 of 6
4. Breach in the Utility's computer system security; and
5. Unauthorized access to or use of customer account information.
E. Alerts from Others
1. Notice to the Utility from a customer, identity theft victim, law enforcement or
other person that the Utility has opened or is maintaining a fraudulent account for
a person engaged in Identity Theft.
IV. DETECTING RED FLAGS
A. New Accounts
In order to detect any of the Red Flags identified above associated with the opening
of a new account, City staff will take the following steps to obtain and verify the
identity of the person opening the account:
1. Require certain identifying information such as name, date of birth, residential
and business address, principal place of business for an entity, driver's license or
other government- issued identification.
2. Upon receipt of identifying information, staff person taking the initial application
will run a consumer credit report or public data report to confirm information
provided.
3. Do not open the account, and take steps to mitigate possibility of identity theft as
described in Section V below, if the reports indicate fraud, or indicate discrepancy
with identifying information.
B. Existing Accounts
In order to detect any of the Red Flags identified above for an existing account,
Utility personnel will take the following steps to monitor transactions with an
account:
1. Verify the identification of customers if they request information (in person, via
telephone, via facsimile, via email); and update as necessary.
V. PREVENTING AND MITIGATING IDENTITY THEFT
In the event Utility personnel detect any identified Red Flags, such personnel shall take
one or more of the following steps, depending on the degree of risk posed by the Red
Flag:
1. For new accounts, do not open the account until customer has brought in proof of
identifying information.
F -5.3 Identity Theft Detection and Prevention for Utility cu4E Qa ccounts Page 4 of 6
2. For existing account, contact the customer and require the customer to bring in
proof of identifying information within 30 days. Turn off the utilities if the
customer does not provide the information by the time requested.
3. Notify law enforcement and the customer if the consumer reports indicate report
of identity theft or fraud when identifying information cannot be independently
identified.
VI. PROGRAM UPDATES
This Policy will be periodically reviewed and updated at least every year by the Identity
Theft Committee (described below) to reflect changes in identity theft risks to customers
of the Utility. The Committee is jointly headed by the Utilities Business Office Manager
and Call Center Manager and consists of the Assistant Director of Financial Services, the
Director of Financial Services, attorney assigned to the Financial Services Department,
and the Resolutions Supervisor. At least once a year, the Identity Theft Committee will
meet to consider the Utility's experiences with Identity Theft situations, changes in
Identity Theft methods, changes in Identity Theft detection and prevention methods,
changes in types of accounts the Utility maintains and changes in the Utility's business
arrangements with other entities. After considering these factors, the Identity Theft
Committee will determine whether changes to the Policy are warranted. If warranted, the
recommended changes will be presented to City Council for their consideration. The
determination to make changes to this policy will be made after careful consideration of
the following:
A. Past experience(s) with identity theft.
B. Changes in methods of identity theft.
C. Changes in methods to detect, prevent, and mitigate identity theft.
D. Changes in the types of accounts the Utility offers.
VII. PROGRAM ADMINISTRATION
A. Oversight
The Supervisor of the department responsible for utility applications (i.e., the
Program Administrator) will be responsible to ensure appropriate training of utility
application staff on the Program, for reviewing any reports regarding the detection of
Red Flags, and determining which steps of prevention and mitigation should be taken
in particular circumstances.
B. Stab' Training and Reports
Staff responsible for implementing the Program shall be trained either by or under the
direction of the Program Administrator in the detection of Red Flags, and the
responsive steps to be taken when a Red Flag is detected.
F -5.3 Identity Theft Detection and Prevention for Utility-0F4' er Accounts Page 5 of 6
C. Service Provider Arrangements
In the event the Utility engages a service provider to perform an activity in
connection with one or more accounts, the Utility will take the following steps to
ensure the service provider performs its activity in accordance with reasonable
policies and procedures designed to detect, prevent, and mitigate the risk of Identity
Theft.
1. Require, by contract, that service providers have such policies and procedures in
place; and
2. Require, by contract, that service providers review the Utility's Program and
report any Red Flags to the Program Administrator.
D. Customer Address Discrepancies
1. When Utility receives notice from any consumer reporting agency that a
substantial difference exists between the address for the consumer that Utility
provided and the address(es) in the consumer reporting agency's file for that
particular consumer, the Utility will verify the information in the consumer report
provided by the consumer reporting agency with the consumer.
2. Once the address is confirmed, the Utility shall furnish the confirmed address to
the consumer reporting agency as part of the information it regularly furnishes for
the reporting period.
VIII QUESTIONS REGARDING THIS POLICY
Questions regarding this Policy shall be directed to the Director of Financial Services or
designee, who may be contacted at (361) 826 -3613.
F -5.3 Identity Theft Detection and Prevention for Utility Gus'44raccounts Page 6 of 6
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
-412-
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27
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM:
Resolution expressing official intent to reimburse costs with respect to the Health Department
Laboratory Air Handler and Health Department Chiller Replacement.
ISSUE:
On November 4, 2008, a bond issue will be presented to the citizens of Corpus Christi outlining
seven different propositions. Proposition No. 4 is in the amount of $1,150,000 for the rehabilitation
of the City/County Health Development Facility. Included in this figure is the cost for replacement
of the Health Department's Laboratory air handler, as well as the Health Department's chiller
replacement. A contract for replacement of these items has already been awarded on an emergency
basis due to the critical need for keeping immunizations and specimens at the proper temperature.
The funding for this contract will be from the General Fund's unreserved fund balance — in
anticipation of being reimbursed if Proposition No. 4 of the bond issue passes. If the proposition
does not pass, then the expenditures will remain in the General Fund unless it is determined that
altemate financing should be used.
REQUIRED COUNCIL ACTION:
City Council approval of the reimbursement resolution in order to proceed with the project as
scheduled.
FUTURE COUNCIL ACTION:
Last quarter of fiscal year 2009 — Ordinance authorizing the issuance and sale of City of Corpus
Christi, Texas General Obligation and Improvement Bonds.
CONCLUSION AND RECOMMENDATION:
Staff recommends City Council approval of the Resolution as presented.
Attachment:
Resolution
—421—
Constance P. Sanchez
Interim Director of Financial Services
RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS WITH
RESPECT TO THE HEALTH DEPARTMENT LABORATORY AIR HANDLER AND
HEALTH DEPARTMENT CHILLER REPLACEMENT
WHEREAS, the City of Corpus Christi, Texas (the "City") is a home -rule municipality and political
subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and
construction of the projects described on Exhibit "A" hereto (collectively, the 'Project") prior to the
issuance of obligations by the City in connection with the financing of the Project from available funds,
particularly the City's General Fund;
WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of
such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such,
chooses to declare its intention, in accordance with the provisions of Section 1.150 -2 of the Treasury
Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the
Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
THAT:
Section I. The City reasonably expects to incur debt, including, but not limited to, bonds subject to voter
approval in November 2008, as one or more series of obligations, with an aggregate maximum principal
amount not to exceed $355,000, for the purpose of paying the aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt
obligations will be issued by the City in furtherance of this Statement after a date which is later than 18
months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with
respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax- exempt obligation will be issued pursuant to this
Statement more than three years after the date any expenditure which is to be reimbursed is paid.
Date: October 21, 2008
Attest:
Armando Chapa, City Secretary HENRY GARRET, MAYOR
CITY OF CORPUS CHRISTI
Approved as to form: October 14, 2008
By: T y-z / RA,,,.-t ev
Lisa Aguilar, Assistatit2City Attorney
For the City Attorney
-422-
Exhibit "A"
Health Department Laboratory Air Handler replacement and Health Department Chiller replacement.
-423-
28
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 21, 2008
AGENDA ITEM:
Ordinance appropriating $355,000 of the Unreserved Fund Balance in the General Fund No.
1020 for Health Laboratory Air Handler replacement and Health Department Chiller
replacement; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776
to increase appropriations by $355,000.
ISSUE:
Health Laboratory Air Handler and the Health Department Chiller are in need of replacement.
REQUIRED COUNCIL ACTION:
FUNDING:
Unreserved Fund Balance of the General Fund No. 1020.
CONCLUSION AND RECOMMENDATION:
City staff recommends approval of the ordinance as submitted.
:c
Eddie Houlihan
Assistant Budget Director
Attachments:
Background information
Memo - Air Handler Declaration of Emergency
Memo -HVAC Chillers Declaration of Emergency
Ordinance
—427—
BACKGROUND INFORMATION
Work on the Health Laboratory Air Handler replacement and the Health Department Chiller
replacement was approved on an emergency basis in September 2008. The Laboratory Air
Handler replacement is necessary to maintain our state certification and has an estimated cost of
$136,000. The Chiller replacement is necessary to keep immunizations at the proper temperature
and for the comfort of the public and employees. The Chiller replacement has an estimated cost
of $219,000. The replacement of the Air Handler and the Chiller are included in Proposition
four of the Bond 2008 Project List. Voting will occur on November 4, 2008 for Bond 2008. If
Proposition Four passes, the costs incurred for these two projects will be reimbursed. If
Proposition Four fails, the costs will remain as a General Fund expenditure or alternative means
of financing these expenditures will need to be explored.
—428—
MEMORANDUM
TO: Honorable Mayor and Council Members
FROM: George K. Noe, City Manager
SUBJECT: Waiver to Procure Replacement Bio- Safety Laboratory Air Handler
Declaration of Emergency
DATE: August 26, 2008
SUMMARY: The air handler Is in a deteriorated condition and able to maintain only the
minimum range of acceptable negative air pressures. The unit must be replaced to
increase the negative air pressure to a level that is more acceptable to CDC. The
replacement will also help achieve laboratory temperatures that ensure proper operation of
equipment during peak summer temperatures.
BACKGROUND: Failure of the two chillers that provide chilled water that is used to cool
the building resulted in unacceptable temperatures in the Blo- Safety Laboratory.
Temporary chillers were rented to provide chilled water pending emergency acquisition of
replacement chillers. Temperatures in the BSL as observed by Engineering and General
Services personnel in the BSL range between 78 and 80 degrees during peak afternoon
temperatures.
Health Department personnel state that 80 degrees is the maximum temperature to ensure
proper operation of laboratory equipment. The only way to further reduce temperatures is
to increase exhaust air from the BSL with a replacement air handler.
Health Department personnel state their temperature reports indicate temperatures of up to
86 degrees. Engineering and General Service personnel have not been able to confirm
these reports by visiting the BSL since rental chillers were installed. Confirmation to
confirm the high temperatures have been unsuccessful when the BSL was inspected on
dates of reported high temperatures.
In order to ensure continued certification of the BSL, it appears necessary to proceed
immediately with replacement of the air handler.
PRIOR ACTIONS TAKEN: A contract for engineering and architectural services for the air
handler was awarded upon receipt of the Texas Department of Health Grant. The grant
provided for the replacement of the air handler, replacement of VCT flooring with an epoxy
laboratory floor, and replacement of the suspended acoustical ceiling with a solid sheetrock
ceiling.
HA HOMEY CEVINSiGEMHEALTM5234BSL2003 CCNole albn .doe
-429-
Administrative Award
Page 1 of 2
The project was bid on July 16, 2008 as part of the grant awarded by the State. The grant
required all invoices to bear a July 31, 2008 date and be submitted to the State by
September 30, 2008. The Health Department directed the bid not be awarded due to time
constraints.
The apparent low bidder (Malek, Inc. of Corpus Christi, TX) has agreed to honor their bid
submitted July 16, 2008 of $118,880.00. The bid includes:
Base Bid - air handler installation of $107,650.00;
Additive Alternative No. 1— Test & Balance Wing C HVAC - $2,230.00; and
Additive Altemative No. 2 — Digital Control for Air Handler - $9,050.00.
ADDITIONAL INFORMATION: The contract provides for replacement of the air handler to
be complete in 75 calendar days.
CONTRACT AUTHORITY: The City Manager is authorized to approve contracts by in
excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action
must be reported to the Council. Additionally, the Local Government Code 252.022(a)
exempts this repair from State competitive bid requirements because it is necessary to:
• preserve the property of the municipality;
• preserve or protect the public health or safety of the municipality's residents; and
• is due to unforeseen damage to public machinery, equipment or other property.
FUNDING: The procurement funding will be from the Fund Balance, lease purchase, or as
otherwise determined by the Budget and Finance Department.
ACTIONS AUTHORIZED: 1 authorized the following actions to ensure continued
certification of the BSL:
1. staff proceed with administrative award of the BSL air handler procurement to
Malek, Inc.; and
2. an emergency be declared to preserve the property of the municipality, protect the
public health or safety of the municipalities residents, or that the procurement is
necessary because of unforeseen damage to public machinery, equipment, or other
property.
HAHOMEVCEVINSIGENWEALT 'i523455L200$\CCNdllicatlon.doc
—430—
Adminlatrative Award
Paps 2 of 2
MEMORANDUM
TO: Honorable Mayor and Council Members
FROM: George K. Noe, City Manager
SUBJECT: Waiver to Procure Health Department HVAC Chillers
Declaration of Emergency
DATE: August 11, 2008
SUMMARY: The coil and fin assembly of the two chillers installed at the Health
Department have experienced premature corrosion. The chillers can no longer maintain
acceptable indoor temperatures throughout the building during peak summer demand.
Installation of temporary chillers is necessary to maintain accreditation and operation of the
Bio- Safety Laboratory.
BACKGROUND: There are two 90 -ton chillers that provide chilled water that is used to
cool the building. The unit is designed to produce 40-42 degree water. The chiller coils
and fins are deteriorated which prevents the water from achieving the design temperature.
Water is exiting the chiller at 48 -50 degrees. Water exiting the chiller is circulated into the
building and returned to the chillers to complete the cooling loop. Areas of the building at
the end of the loop are not being adequately cooled.
The chiller as manufactured has copper coils with aluminum cooling fins. The dissimilar
metals have generated a cathodic reaction causing the coil /fin unit to corrode.
Replacement of the coil /fin assembly is not economic given the age of the chillers and the
high cost of labor and materials (60 -75% of the total replacement cost). Such a repair
would also open internal chiller components to the environment.
PRIOR ACTIONS TAKEN: The chillers were evaluated by two local mechanical
contractors (Pro -Tech and Weathertrol) that recommended replacement. The units were
also evaluated by a local mechanical engineer (Stridde Callins Associates).
Based on that information, connections were made to spray the coils and fins with water
during office hours. This resulted in more acceptable temperatures throughout most of the
building. The exceptions were areas at the end of cooling loops. It was hoped that this
would be adequate to permit the procurement of replacement chillers in early 2009.
ADDITIONAL INFORMATION: Staff was notified Friday, August 8, 2008 that conditions in
the Bio -Safety Laboratory required that the CDC be notified. Staff was also notified at that
time the notification could result in decertification. Staff was also informed that
recertification could take six to twelve months. This information requires the City proceed
with an emergency procurement or replacement chillers to avoid decertification.
—431—
Administrative Award
Page 1 of 2
CURRENT ACTIONS: The City has identified temporary chillers that are available. They
will be installed upon a declaration of emergency. Stridde Callins was instructed to prepare
chiller specifications adequate to support the procurement of informal bids no later than
Wednesday, August 20, 2008. The replacement chiller procurement will proceed without
formal bid advertisements and Council award subject to approval of the Emergency
Procurement.
CONTRACT AUTHORITY: The City Manager is authorized to approve contracts by in
excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action
must be reported to the Council. Additionally, the Local Government Code 252.022(a)
exempts this repair from State competitive bid requirements because it is necessary to:
• preserve the property of the municipality;
• preserve or protect the public health or safety of the municipality's residents; and
• is due to unforeseen damage to public machinery, equipment or other property.
FUNDING: The procurement funding will be from the Fund Balance, lease purchase, or as
otherwise determined by the Budget and Finance Department.
RECOMMENDATION: The following actions were authorized as emergency actions to
maintain essential health and safety functions:
1. staff was authorized to proceed with administrative procurement of replacement
chillers; and
2. an emergency was declared to preserve the property of the municipality, protect the
public health or safety of the municipalities residents, or that the procurement is
necessary because of unforeseen damage to public machinery, equipment, or other
property.
—432—
Administrative Award
Pane 2 of 2
ORDINANCE
APPROPRIATING $355,000 OF THE UNRESERVED FUND BALANCE IN THE
GENERAL FUND NO. 1020 FOR HEALTH DEPARTMENT LABORATORY AIR
HANDLER REPLACEMENT AND HEALTH DEPARTMENT CHILLER
REPLACEMENT; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED
BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $355,000; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $355,000 of the Unreserved Fund Balance in the General Fund No.
1020 is appropriated in Fund No. 1020 General Fund for Health Department Laboratory
air handler replacement and Health Department chiller replacement.
SECTION 2. That the FY 08 -09 Operating Budget adopted by Ordinance No. 027776 is
changed by increasing appropriations by $355,000.00.
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 two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 21st of October, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form: October 14, 2008
By:
Lisa Aguilar, Asslsant City Attorney
for the City Attorney
A:\LEG- DIR\Lisa\2008 ORDINANCES\I- Iealth Deptc igsfs.doc
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: 1 /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:ULEG- DIR\Lisa\2008 ORDINANCES\Health DepLcS14rLdoc
29
CITY COUNCIL
AGENDA MEMORANDUM
October 21, 2008
AGENDA ITEM: A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
AUTHORIZING THE SOUTH TEXAS AGGREGATION PROJECT, INC. (STAP) TO
NEGOTIATE AND EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR
DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES
EFFECTIVE JANUARY 1, 2009; APPROVING STAP CONTRACTING WITH FPL
ENERGY POWER MARKETING, INC. AND DIRECT ENERGY, L.P. AND
AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH STAP FOR
THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1,
2009 AND EXTENDING UP TO DECEMBER 31, 2013.
ISSUE: The South Texas Aggregation Project, Inc. Board of Directors recently
approved recommending negotiating with FPL Energy Power Marketing, Inc. and
Direct Energy, L.P. for electricity needs. Attached is a memo from STAP
attorneys with additional information.
REQUIRED COUNCIL ACTION: Approval of the Resolution.
CONCLUSION AND RECOMMENDATION: Approval of the Resolution.
f- L --
Rudy Garza / �% )
Director of GoGernmerit Affairs
-437-
Lloyd
Gosselink
_ATTORNEYS AT LAW
Ms. Doyle's Direct Line: (512) 322 -5820
Email: kdoyle@Iglawrmn.00m
TO: STAP Members
MEMORANDUM
FROM: Geoffrey Gay
Kristen Doyle
DATE: October 10, 2008
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322 -5800
Facsimile: (512) 472 -0532
www.Iglawfirm.com
RE: ACTION NEEDED BY ALL STAP MEMBERS - Resolution to support
locking in electric prices and authorizing contracts with Direct Energy and FPL
Energy
IMPORTANT NOTICE — PLEASE PLACE THE ATTACHED RESOLUTION ON THE
AGENDA FOR COUNCIL CONSIDERATION AT THE NEXT SCHEDULED
MEETING.
STAP's current electric contract will expire on December 31, 2008. The STAP Board has
approved indicative electric pricing available through FPL Energy and Direct Energy Business
Services (DEBS) for all STAP members for a five (5) year term beginning January 1, 2009
through December 31, 2013. Energy markets have been falling in response to recessionary
pressures and the STAP Board desires to lock -in very favorable gas based pricing for as long as
possible (five years). If members act quickly, STAP should be able to fix rates for each of the
next five years at commodity prices (i.e. excluding non - bypassable wires charges) that range
from 8.0 cents (possibly lower) to 8.5 cents. This means that STAP members will lock -in prices
for five years that are near the electric prices members are currently paying.
Adopting this resolution is a necessary step for all STAP members that will not
participate in the long term contract. The contract with FPL Energy and DEBS that will be
negotiated and secured as a result of the authority granted by the attached resolution is structured
like the energy contracts STAP has put together for members over the past six years. There is no
prepayment of capacity costs or debt allocation associated with this contract.
For those members that have passed or are planning to pass an ordinance to
participate in the long term purchase power agreement (PPA) with Luminant, you should
also take action to pass the attached resolution. FPL Energy will be the wrap energy provider
for the power needs not served by the PPA. Because of this and at the Board's instruction to
provide added protection for all STAP members, FPL Energy has agreed to initially secure 100
percent of the power needs for all STAP members, including those participating in the PPA. For
those members participating in the PPA, FPL Energy will allow CAPP /STAP to exercise a one-
time option to back out of the FPL Energy contract the portion of energy associated with base
load and substitute energy under the Luminant agreement. Although we don't anticipate that
1 Invd rnsselink Rochelle R Townsend PC
Page 2
October 9, 2008
CAPP will be unable to issue bonds to fund the prepayment required by the PPA, this added
security provided by FPL Energy is critical as we await the full ramifications of the unfolding
credit crisis.
In the new contractual structure, approved by the STAP Board, FPL Energy will provide
power and DEBS will provide billing and other customer services. In the future, STAP members
will receive advanced services beyond what was previously offered by Constellation.
Explanation of the Contracting Process
The contracting process is exactly like the process used the last contracting period. Your
council will need to approve one of the two attached model resolutions. One resolution (Model
Resolution A) authorizes STAP to act as an agent to negotiate and execute a contract for the
member's electricity needs while the other resolution (Model Resolution B) requires the city to
contract with STAP to purchase power for the member through STAP and to designate an
individual with the power to execute the contract.
The resolutions streamline contracting procedures. The resolutions empower the
Chairman of STAP to sign a contract with the selected power provider on behalf of all STAP
members for 2009 - 2013 energy needs. A majority of STAP members previously authorized the
STAP Chairman to execute the 2007 energy contract on their behalf. Model Resolution A
accomplishes that objective for 2009 - 2013. Model Resolution B is to be adopted by those cities
whose charters prevent the cities from delegating contracting power to anyone but the mayor or
other designated city representative. For those cities, the resolution directs the city to contract
with STAP for the city's 2009 -2013 electricity needs. In addition, both resolutions reiterate that
each member is obligated only for its proportionate share of the contracted load Every STAP
member should expeditiously adopt one of the two resolutions and provide a copy of the
resolution to our office.
To assist you in determining which model resolution your city should adopt this year, we
have attached a list of cities that adopted Model Resolution A last year and a list of cities that
adopted Model Resolution B.
If you have any questions or need more information, please contact Geoffrey (512/322-
5875, ggay @lglawfirm.com) or Kristen (512/322 -5820, kdoyle @Iglawfirm.com).
Lloyd Gosselink Roctk88-& Townsend, P.C.
RESOLUTION
OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE SOUTH TEXAS
AGGREGATION PROJECT, INC. (STAP) TO NEGOTIATE AN ELECTRIC SUPPLY
AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED
SERVICES EFFECTIVE JANUARY 1, 2009; APPROVING STAP CONTRACTING
WITH FPL ENERGY POWER MARKETING, INC. AND DIRECT ENERGY, L.P. AND
AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH STAP FOR
THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1,
2009 AND EXTENDING UP TO DECEMBER 31, 2013.
WHEREAS, the City of Corpus Christi, Texas (City) is a member of South Texas Aggregation
Project, Inc. (STAP), a nonprofit political subdivision corporation dedicated to securing electric
power for more than 50 political subdivision members in the competitive retail market; and
WHEREAS, STAP negotiated favorable contract terms and a reasonable commodity price for
delivered electricity since 2002 resulting in significant savings for its members; and
WHEREAS, the City's current contract for power expires December 31, 2008; and
WHEREAS, STAP members must secure power supplies for 2009 or revert to high price
standard contracts and independently shop for a power contract; and
WHEREAS, the STAP Board of Directors is currently considering indicative retail energy
prices that point to favorable pricing for the five year period ending December 31, 2013; and
WHEREAS, experience gained by the STAP Board indicates that entering into a wholesale
power contract, as distinct from a retail contract, effective January 1, 2009 may provide for
greatest potential savings for STAP members; and
WHEREAS, power providers desire to execute a contract with one, and only one, entity rather
than have unique contracts for each STAP member; and
WHEREAS, STAP believes that the pricing opportunity window for favorable 2009 deliveries
will be short -lived and that STAP must be able to commit contractually to prices within a 24-
hour period in order to lock -in favorable prices; and
WHEREAS, experiences in contracting for STAP load since 2002 demonstrated that providers
demand immediate response to an offer and may penalize delay with higher prices; and
WHEREAS, aggregated rates contracted during favorable pricing periods are likely to be lower
than prices obtained by the City contracting individually during the same time period; and
WHEREAS, suppliers demand assurance that STAP will pay for all contracted load; and
WHEREAS, the City must assure STAP that it will budget for energy purchases and honor its
commitments to purchase power for its electrical needs through STAP for the period beginning
January 1, 2009 and extending through December 31, 2013; and
—440—
WHEREAS, STAP intends to contract with both FPL Energy (power supply) and Direct
Energy (billing, administrative and other customer services).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1: That the STAP Board and its consultants and advisors are agents authorized to
negotiate for the City's electricity needs as a member of STAP for a term to begin January 1,
2009 and extending up to December 31, 2013.
Section 2: That the City approves STAP contracting with FPL Energy Power Marketing, Inc.
and Direct Energy, L.P. for the supply of electric power and related, necessary services for the
City for a term to begin January 1, 2009 and extending up to December 31, 2013.
Section 3: That the City will execute a contract with STAP that permits the Chairman of STAP
to sign a Commercial Electric Supply Agreement for the City's electricity needs and related,
necessary services beginning January 1, 2009 and extending up to December 31, 2013, as a
member of STAP and commits its load for the same period pursuant to the contract
recommended and approved by the STAP Board of Directors.
Section 4: That the City will budget and approve funds necessary to pay electricity costs
proportionate to the City's load under the supply agreement arranged by STAP and signed by the
Chairman of STAP on behalf of all STAP members for the term beginning January 1, 2009 and
extending up to December 31, 2013, subject to annual appropriation of funds.
Section 5: That a copy of the resolution shall be sent to Geoffrey M. Gay, legal counsel to
STAP, 816 Congress Avenue, Suite 1900, Austin, Texas 78701, fax no. 512/472 -0532.
PRESENTED AND PASSED on this day of
regular meeting of the City Council of the City of Corpus Christi, Texas.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: October 14, 2008.
Lisa Aguilar
Assistant City Attorney
for the City Attorney
—441—
, 2008 at a
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
—442—
30
RESOLUTION
APPROVING THE GENERAL. LOCATION OF BOLLARDS IN THE
VICINITY OF THE PADRE ISLAND SEAWALL AND SOUTH PACKERY
CHANNEL JETTY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. If proposition on the November , 2008, ballot is passed by the voters of
the City of Corpus Christi, the City Manager shall install bollards at the following
locations:
a. On the beach seaward of the concrete Padre Island seawall
(1) One row of bollards must be installed that will preserve a 25' wide
pedestrian safe space adjoining the seawall.
(2) A second row of bollards must be installed to allow two -way vehicle
passage if there is no through- access, and one -way traffic if there is
through- access.
(3) Areas for head -in parking, seaward of and parallel to the first row must
be provided.
(4) Head -in parking areas may not be located across from walkways that
provide access to the seawall and beach from hotels, condominiums,
parking lots, and other beach access points along the seawall. These
areas should be marked as pedestrian crossings.
(5) The bollards must be placed so as to maximize the area of pedestrian -
safe beaches near the shore in front of the seawall, while still maintaining
vehicle - lanes.
b. On the beach between the north end of the concrete Padre Island seawall and
the south jetty of Packery Channel.
(1) The bollards must be installed 50 feet landward of mean high tide for a
distance of approximately 1550 feet from the north end of the concrete
seawall to a point 600 feet from the south jetty.
(2) The bollards must be spaced to prevent the passage of vehicles
between the bollards.
(3) At the northern end of the row of bollards parallel to the water, another
row of bollards must be installed perpendicular to the initial row of bollards
that extends seaward to the line of mean low tide.
Bollard Resolution — 10152008a
—445—
1
2
(4) At least two areas must be designated for boat launch access, and the
bollards spaced to allow vehicles and boat trailers through the row of
bollards.
c. The attached diagram (Exhibit A) illustrates the approximate location of the
bollards.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: 15th day of October, 2008.
R. day eining
First ssistant City Attorney
For City Attorney
Bollard Resolution -- 10152008a
—446—
Corpus Christi, Texas
of 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Bollard Resolution — 10152008a
—447—
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31
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update on Coastal Bend Workforce Development Partnership — Industry Outreach
Initiative
STAFF PRESENTER(S):
Name
JoAnn Hooks
Title /Position /Organization
OUTSIDE PRESENTER(S):
Director of Education Initiatives
Name Title /Position /Organization
1. Mary Ann Rojas
2. Tim McDaniel
3. Dr. Anne Matula
President /CEO
Workforce Solutions of the Coastal Bend
Plant Manager
DuPont (Port Industries of Corpus Christi)
President
Craft Training Center
ISSUE & BACKGROUND: Workforce Solutions of the Coastal Bend, Port Industries of Corpus
Christi, the Craft Training Center, and education partners have contributed an enormous amount
of time and talent to the future of our community by elevating the issue of having a well - trained and
skilled workforce. Due to the efforts of this partnership, the eyes of our emerging workforce have
opened to the wonderful education and employment opportunities we have in the Coastal Bend. In
fact, in 2007, through the cooperation of the Craft Training Center, community colleges, industry
partners and other training providers, more than 1,000 individuals received training while working
(which enhanced their skill level), over 10,000 students in the Coastal Bend learned about job and
training opportunities through the Community Workforce Development Partnership effort, and best
of all, industry and education alliances have been strengthened.
We will continue to work collaboratively as we address our workforce needs now and in the future.
The partnership will work with our emerging electric generation industry to ensure we have a
trained workforce that is ready to meet employment needs. With an emphasis on "growing our
own" skilled and successful workforce, we will keep the Coastal Bend competitive in the global
economy.
REQUIRED COUNCIL ACTION: None.
—451—
,
JoAnn Hooks `
Director of Education Initiatives
Dr. Anne Matula
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33
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 05/13/08
AGENDA ITEM:
Presentation on status of the impervious surface calculations for the storm water drainage utility.
ISSUE:
Staff will present to Council a report on the status of the storm water drainage utility impervious
surface calculations.
REQUIRED COUNCIL ACTION:
No Council action is required.
PREVIOUS COUNCIL ACTION:
At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model,
staff was directed to come forward with rates for the establishment of a Storm Water Utility. On
December 18, 2007 Council directed staff to move forward with an ERU -based ( "Equivalent
Residential Unit ") rate model and passed a Resolution declaring intent to establish a storm water
utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for
new water and storm water rates. On January 29, 2008, staff presented to Council various policy
recommendations for consideration and received direction. On February 12, 2008, Council approved
a Resolution setting the date of the Public Hearing for the utility creation ordinance of April 8, 2008.
A Public Hearing regarding the proposed ordinance was held on April 8, 2008 in accordance with
Council recommendation. On April 29, 2008, the first reading of the ordinance creating a storm
water utility was approved. The second reading of that same ordinance was held on May 13, 2008.
On August 26, 2008, City Council approved a contract in the amount of $124,935 between the City
of Corpus Christi and HDR Engineering, Inc. for final calculations of impervious surface and further
development of the storm water billing data base.
CONCLUSION AND RECOMMENDATION:
No Council ct on is required at this time.
ector of Sto
Water Operations
Attachments:
Background Information
Presentation
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BACKGROUND INFORMATION
On December 18, 2007, the City Council approved a Resolution declaring its intent to establish a
storm water utility system for implementation in Fiscal Year 2008 -2009. The utility was created
on May 13, 2008 with the second reading of the Ordinance establishing a Storm Water Utility.
Implementation of a storm water utility charge to be based on impervious surface rather than
impervious proxy is scheduled for August 1, 2009.
On August 26, 2008, Council approved a contract between the City and HDR Engineering, Inc.
for services regarding both the finalization of development of impervious surface information as
well as further development of the utility policies, charges, etc. HDR Engineering subcontracted
with Sanbom to perform the calculation of impervious surface area.
Aerial photography has been completed and Sanborn is currently completing preliminary work
on the digital photographic data. The next phase of this project is to identify areas as pervious or
impervious. The project's aggressive timeline requires that this process begin by October 30,
2008. The presentation to Council on October 28, 2008 is to give a status report on progress thus
far and to confirm the types of development/property which will be considered pervious or
impervious.
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