HomeMy WebLinkAboutAgenda Packet City Council - 09/21/201011:45 A.M. - Proclamation declaring the month of September 2010 as "Senior Center Month"
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 ST.
CORPUS CHRISTI, TEXAS 78401
SEPTEMBER 21, 2010
12:00 P.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 4:00 p.m., or 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 tree que su ingles es limitado, habra un interprete ingles- espanol en todas las
juntas del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by Pastor Pamela Dykehouse, St. Luke's United Methodist
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 Joe Adame
Mayor Pro Tem Brent Chesney
Council Members:
Chris N. Adler City Manager Angel R. Escobar
Larry Elizondo, Sr. City Attorney Carlos Valdez
Kevin Kieschnick City Secretary Armando Chapa
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
Agenda
Regular Council Meeting
September 21, 2010
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
E. MINUTES:
1. Approval of Regular Meeting of September 14, 2010.
(Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the
City Council will use a different method of adoption from the one
listed; may finally pass an ordinance by adopting it as an emergency
measure rather than a two reading ordinance; or may modify the
action specified. A motion to reconsider may be made at this meeting
of a vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on
any reconsidered item.
H. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
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:
2.
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
a. Motion authorizing the City Manager or his designee to
accept a grant in the amount of $19,000 from Sam Houston
State University for the Project Safe Neighborhoods 2010
grant to continue the Save Our Streets campaign within the
Police Department and to execute all related documents.
(Attachment # 2)
Agenda
Regular Council Meeting
September 21, 2010
Page 3
3.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
b. Ordinance appropriating $19,000 from Sam Houston State
University in the No. 1061 Police Grants Fund for funding
available under the Project Safe Neighborhoods 2010 grant.
(Attachment # 2)
a. Motion authorizing the City Manager or his designee to
accept a grant in the amount of $89,290.07 from the State of
Texas, Criminal Justice Division to continue the Victims of
Crime Act (VOCA) grant within the Police Department for
Year 11 with a City cash match of $19,520, in -kind match of
$4,000 for a total project cost of $112,810.07 and to execute
all related documents. (Attachment # 3)
b. Ordinance appropriating $89,290.07 from the State of Texas,
Criminal Justice Division in the No. 1061 Police Grants Fund
for funding available under the Victims of Crime Act (VOCA)
Fund, and authorizing the transfer of $19,520 from the No.
1020 Cash contribution to Grants to the No. 1061 Police
Grants Fund as grant matching funds. (Attachment # 3)
4. Ordinance appropriating $1,000,000 into the Street C1P Fund
No. 3530 from the Regional Transportation Authority (RTA) for
the RTA 2010 Special Projects Program ($500,000) and for the
RTA 2009 Special Projects Program ($500,000); and changing
the FY 2010 Capital Budget adopted by Ordinance No. 028449
by increasing revenues by $1,000,000 in Street CIP Fund No.
3530. (Attachment # 4)
5. Motion authorizing the City Manager or his designee to execute
an Agreement for Geotechnical Engineering Testing Services
with Rock Engineering and Testing Laboratory, Inc. of Corpus
Christi, Texas in an amount of $133,945 for O.N. Stevens Water
Treatment Plant Raw Water Influent Improvements. (Water
Supply CIP FY 2010) (Attachment # 5)
I. EXECUTIVE SESSION: (NONE)
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
Agenda
Regular Council Meeting
September 21, 2010
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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.
J. PUBLIC HEARINGS:
ZONING CASE:
6. Case No. 0610 -05, City of Corpus Christi: The applicant is
requesting zoning the recently annexed properties to the "R-1B"
One - Family Dwelling District on property described as
approximately five (5) tracts, totaling approximately 6.635 acres,
of submerged land owned by the Port of Corpus Christi
Authority, along the southern shoreline of Nueces Bay.
(WITHDRAWN BY STAFF 08/17/10) (Attachment # 6)
Planning Commission and Staffs Recommendation: Approval
of the applicant's request to designate the newly annexed
submerged land along the south shoreline of Nueces Bay to the
"R-1B" One - Family Dwelling District consistent with annexation
Ordinance No. 028283.
ORDINANCE
Amending the Zoning Ordinance, upon application by City of
Corpus Christi, by changing the Zoning Map to establish a
Zoning District for approximately 5 tracts of newly annexed
submerged land (Annexation Ordinance No. 028283), totaling
6.635 acres, owned by the Port of Corpus Christi Authority,
along the southern shoreline of Nueces Bay, as "R -1 B" One -
family Dwelling District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing
for publication.
DEVELOPMENT SERVICES FEES:
7. Public Hearing to consider and First Reading Ordinance
amending Chapter 14 "Development Services," Article XIII,
"Development Service Fees ", Division 4, "Platting Ordinance
Fees ", Section 14 -1341, Platting ordinance fees ", and Chapter
55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70,
"Adoption of rules, regulations and water and gas fees ", and
Agenda
Regular Council Meeting
September 21, 2010
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Section 55 -71, "Sewer tapping fees ", of the Code of
Ordinances, City of Corpus Christi, to increase or establish fees
related to Platting Fees and Tap Fees. (Attachment # 7)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
8.
a. Ordinance appropriating $2,802,051 from the Federal
Aviation Administration Grant No. 3- 48- 0051 -046 -2010 in the
No. 3020 Airport Capital Improvement Fund to modify the
Terminal Building; changing the FY 2009 -10 Capital
Improvement budget adopted by Ordinance No. 028449 to
increase appropriations by $2,802,051. (Attachment # 8)
b. Motion authorizing the City Manager or his designee to
execute a construction contract with Barcom Commercial,
Inc., of Corpus Christi, Texas in an amount of $3,231,000 for
the Corpus Christi International Airport Terminal Building
Rehabilitation project for Base Bid only for the expansion of
the Federal Inspection Services (FIS) area to increase the
screening capacity of Customs and Border Protection,
Subject to Appropriation. (Attachment # 8)
9. Discussion and consideration of Executive search firms and
selection process for new City Manager. (Attachment # 9)
L. PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE. HEARD AT
APPROXIMATELY 4:00 P.M., OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the
microphone located at the podium and state your name and address.
If you have a petition or other information pertaining to your subject,
please present it to the City Secretary.)
Agenda
Regular Council Meeting
September 21, 2010
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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. CITY MANAGER'S COMMENTS: (NONE)
0. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletig board at the front
entrance to City Hall, 1201 Leopard Street, at j fi 0 p.m.,
on September 16, 2010.
qii
rmando Chapa
City Secretary
Anocio
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com on the Thursday before regularly
scheduled council meetings. If technical problems occur, the
agenda will be uploaded on the Internet by the Friday.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2010 -2011
C�1
Bayfront and Downtown Initiatives
Complete Utility Master Plans
Conservation and Recycling Education Plan
Comprehensive Economic Development
Approach
Street Improvement Plan
Development Process Improvement
Mary Rhodes Pipeline Phase II Water Plan
Safe and Healthy Community Initiatives
(Gang, Graffiti, and Physical Health Emphasis)
Support Continued Military Presence
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 14, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Brent Chesney
Council Members: City Staff:
Chris Adler City Manager Angel R. Escobar
Larry Elizondo, Sr. City Attorney Carlos Valdez
Kevin Kieschnick City Secretary Armando Chapa
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
Council Member Leal requested that a special prayer be given for her mother, Refugia
Gonzales, who turned 99 years old on September 13th. The invocation was delivered by Pastor
Isidro Pine with Kelsey Memorial United Methodist Church and the Pledge of Allegiance to the
United States flag was led by Council Member Marez.
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 Adame called for approval of the minutes of the regular Council meetings of August
24, 2010 and August 31, 2010. A motion was made and passed to approve the minutes as
presented.
Mayor Adame referred to Item 2 and the following board appointments were made:
Community Youth Development (78415) Program Steering Committee
Fr. Peter Martinez (Reappointed)
Belinda Barrera (Reappointed)
Jean M. Giegerich (Reappointed)
Linda Moyer (Reappointed)
Melanee Gonzalez (Appointed)
Sandra M. Rivera (Appointed)
Norma Solis (Appointed)
Museum of Science and History Advisory Committee
Thomas Kines (Reappointed)
Shannon Madden (Reappointed)
Kathy N. Juneau (Reappointed)
Jim Moloney (Reappointed)
Mona Been (Appointed)
* * * * * * * * * * **
Minutes -- Regular Council Meeting
September 14, 2010 — Page 2
Mayor Adame called for consideration of the consent agenda (Items 3 - 22). Mr. Abel Alonzo
requested that Item 19 be pulled for individual consideration. Council members requested that
Items 13, 15, and 18 be pulled for individual consideration. City Secretary Chapa polled the Council
for their votes as follows:
3. MOTION NO. 2010-206
Motion approving supply agreements with the following companies for the following amounts
in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -10-
4 for food items which include canned and frozen fruit and vegetables, meats and
condiments for an estimated six month expenditure of $181,017.60. The terms of the
contracts shall be for six months with options to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the
City Manager or his designee. Funds are available through the Meals on Wheels and
Elderly Nutrition Grants.
Ben E. Keith
San Antonio, Texas
100 Line Items
$64,052.30
LaBatt Food Service
Corpus Christi, Texas
99 Line Items
$51,041.58
Performance Food Group
Victoria, Texas
60 Line Items
$65,923.72
Grand Total: $181,017.60
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
4. MOTION NO. 2010 -207
Motion authorizing the purchase of specialized equipment for a total amount of $112,273
utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund No. 1062.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
5.a. MOTION NO. 2010-208
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$247,696 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding
eligible under the FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Local Solicitation, 50% of the funds to be distributed to Nueces County under an established
interlocal agreement and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
5.b. ORDINANCE NO. 028760
Ordinance appropriating $247,696 from the U. S. Department of Justice, Bureau of Justice
Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for
the Police Department and Nueces County.
Minutes — Regular Council Meeting
September 14, 2010 — Page 3
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
6.a. MOTION NO. 2010 -209
Motion authorizing the City Manager or his designee to accept funding in the amount of
$1,350 from Target for the purchase of equipment to assist the Repeat Offender Program for
the Police Department.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
6.b. ORDINANCE NO. 028761
Ordinance appropriating $1,350 in the General Fund No. 1020 from a grant from Target for
the purchase of equipment to assist the Repeat Offender Program for the Police
Department; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No.
028683 by increasing revenue and expenditures in the General Fund No. 1020 by $1,350
each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
7.a. RESOLUTION NO. 028762
Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from
the Texas Department of State Health Services to provide essential public health services
and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
7.b. ORDINANCE NO. 028763
Ordinance appropriating a grant of $202,923 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide essential public health services.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
8. MOTION NO. 2010-210
Motion authorizing the City Manager or designee to execute a contract with the Department
of State Health Services for the administration of duties performed by the Vital Statistics Unit
of the Health Department and for the payment of record fees in the amount of $1.83 per
printed record due to the State.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
-3-
Minutes — Regular Council Meeting
September 14, 2010 — Page 4
9.a. RESOLUTION NO. 028764
Resolution authorizing the City Manager or his designee to accept a grant of $5,000 from the
Texas Department of State Health Services for supplies to provide flu testing and to execute
all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
9.b. ORDINANCE NO. 028765
Ordinance appropriating a grant of $5,000 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide flu testing.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
10.a. ORDINANCE NO.028766
Ordinance transferring $104,185 from the No. 1020 General Fund to the No. 1 067 Park and
Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program
(RSVP); appropriating the $104,185 in the No. 1067 Park and Recreation Grant Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
10.b. ORDINANCE NO. 028767
Ordinance transferring $62,415 from the No. 1020 General Fund to the No. 1067 Park and
Recreation Grant Fund as City matching funds for the Senior Companion Program (SCP);
appropriating the $62,415 in the No. 1067 Park and Recreation Grant Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
11.a. RESOLUTION NO. 028768
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept a $46,379 grant awarded by the Area Agency on Aging of the Coastal Bend for the
FY 2010 Senior Community Services, Elderly Nutrition Program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
11.b. ORDINANCE NO. 028769
Ordinance appropriating a $46,379 grant from the Area Agency on Aging of the Coastal
Bend in the No. 1067 Parks and Recreation grants fund for the FY 2010 Senior Community
Services, Elderly Nutrition Program.
—4—
Minutes — Regular Council Meeting
September 14, 2010 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
12.a. RESOLUTION NO. 028770
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$5,000 from the National Recreation and Park Association for the 2010 -2011 Take Me
Fishing Program and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
12.b. ORDINANCE NO. 028771
Ordinance appropriating a $5,000 grant from the National Recreation and Park Association
in the No. 1067 Parks and Recreation Grant Fund, for the 2010-2011 Take Me Fishing
Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
14. RESOLUTION NO. 028774
Resolution supporting the continuation of the Festival of the Arts to be led by Community
supporters.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
16. MOTION NO. 2010-212
Motion authorizing the City Manager or his designee to grant a permit to Chaparral Energy,
L.L.C. to drill an oil or gas well being State Tract 470 Well No. 8 approximately 3.9 miles
west of Mustang Island in Corpus Christi Bay.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
17. RESOLUTION NO. 028775
Resolution approving the First Amendment to the Small Business Incentive Agreement
between the Corpus Christi Business and Job Development Corporation and Del Mar
College for the Fastrac® Growth Venture TM Program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
Minutes — Regular Council Meeting
September 14, 2010 — Page 6
20. MOTION NO. 2010-215
Motion authorizing the City Manager or his designee to execute a Professional Services
Contract with the Conrad Blucher Institute, Texas A &M University — Corpus Christi for an
amount not to exceed $90,588.00 for Salinity and Freshwater Inflow Monitoring associated
with the Rincon Bayou Diversion Project 2010 -2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
21. ORDINANCE NO. 028777
Ordinance exempting Vicha Estates, Block 1, Lot 1, a subdivision located south of Yorktown
Boulevard and east of Waldron Road, from the payment of the wastewater lot and acreage
fees pursuant to Section V.B.6.1) of the Platting Ordinance; requiring the owner /developerto
comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
22. ORDINANCE NO. 028778
Ordinance exempting Katherine Estates Subdivision, a subdivision located south of Oso
Creek, approximately two miles outside of the city limits, from the payment of Water and
Wastewater Lot and Acreage Fees pursuant to Sections V.B.5.k) and V.B.6.I) of the Platting
Ordinance; requiring the owner /developer to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
Mayor Adame opened discussion on Item 13 regarding a Weed and Seed Grant for the
Corpus Christi South East (Flour Bluff) Weed and Seed Community. Council Member Leal
expressed concern with the Site 1 North and Site II West communities not receiving future funding
and what is being done in those areas to combat crime. Director of Parks and Recreation Michael
Morris reported that the current Weed and Seed program grant for the last five years has been in
the Flour Bluff area. Harold Smith, Weed and Seed, explained that the Weed and Seed Program is
generally established for a five -year period and the City of Corpus Christi was authorized to have the
Weed and Seed Program for over 10 years in both the North and West areas of town. Mr. Smith
added that once Weed and Seed has been established fora certain area, the program can not be
placed in the previous boundaries. Mr. Smith stated that the programs that were implemented when
the Weed and Seed program was in Sites 1 and II are still in place today to help those areas.
City Secretary Chapa polled the Council for their votes as follows:
13.a. RESOLUTION NO. 028772
Resolution ratifying the City Manager's execution of documents necessary to accept a Weed
and Seed grant in the amount of $157,000 for Corpus Christi South East (Flour Bluff) Weed
and Seed Community for the support of the Weed and Seed Program from the U.S.
Department of Justice (DOJ).
Minutes — Regular Council Meeting
September 14, 2010 — Page 7
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez and Scott, voting "Aye ".
13.b. ORDINANCE NO. 028773
Ordinance appropriating a $157,000 grant from the U.S. Department of Justice for the
support of the Corpus Christi South East (Flour Bluff) Weed and Seed Community FY 2010-
2011 in the Federal /State Grant Fund No. 1067.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez and
Scott, voting "Aye ".
Mayor Adame opened discussion on Item 15 regarding permits to Sabco Operating
Company to drill oil and gas wells. Council Member Leal asked questions regarding the entity
responsible for enforcing inspections of gas and water wells and the amount of ad valorem taxes
collected. Director of Gas Operations Debbie Marroquin explained that the Texas Railroad
Commission has jurisdiction during the drilling process and after drilling, the City inspects once a
year. Ms. Marroquin reported that the estimated amount of the ad valorem taxes is approximately
$75,000 but the amount is dependent on the production from the reservoirs. In response to Council
Member Martinez, Construction Superintendent of Gas Jesse Cantu explained that the Texas
General Land Office approves the drilling prior to the permit being issued by the Texas Railroad
Commission. City Secretary Chapa polled the Council for their votes as follows:
15. MOTION NO. 2010 -211
Motion authorizing the City Manager or his designee to grant two permits to Sabco Operating
Company to drill oil or gas wells being State Tract 52 Well Nos. 8 and 9 approximately six
miles southeast of the Corpus Christi Marina in Corpus Christi Bay.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez and Scott, voting "Aye ".
Mayor Adame opened discussion on Item 18 regarding an agreement between the Corpus
Christi Business and Job Development Corporation and ACCION Texas, Inc. Emily Martinez,
Economic Development, reported that staff received a revised copy of the contract with ACCION.
Council Member Martinez thanked ACCION for the language included in the contract stating that
"the request from the applicant must include a notarized affidavit stating that they have applied for
normal financing from a bank, or similar lending institution, and have been denied a loan. In
response to Council Member Martinez, Vicki Garza with ACCION stated that the company is
regulated by a Board of Directors.
Ms. Martinez made a motion to substitute the contract. The motion was seconded by Mr.
Elizondo.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick abstained.
City Secretary Chapa announced that Council Member Kieschnick would be abstaining from
the discussion and vote on this item. City Secretary Chapa polled the Council for their votes as
follows:
Minutes — Regular Council Meeting
September 14, 2010 — Page 8
18. RESOLUTION NO. 028776
Resolution approving a Small Business Incentives Agreement between the Corpus Christi
Business and Job Development Corporation and Accion Texas, Inc., which provides grants
of up to $400,000, for the Interest Buy -Down and Grant Programs for Small Businesses and
authorizing the City Manager or his designee to execute a Small Business Incentive Project
Support Agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the Accion Texas Small Business Incentives
Agreement.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick abstained.
Mayor Adame opened discussion on Item 19 regarding Street Overlays Groups 1 and 2.
Abel Alonzo, Chairman of the Committee for Persons with Disabilities, thanked City Manager
Escobar and Director of Engineering Pete Anaya for the work accomplished for overlaying streets
and sidewalks. Council Member Adler stated that the City needs to find a better ways to address
repairs of potholes. Mayor Adame provided a status report on the street maintenance task force. In
response to Council Member Leal, Mr. Anaya provided an explanation of the overlay process.
City Secretary Chapa polled the Council for their votes as follows:
19.a. MOTION NO. 2010 -213
Motion authorizing the City Manager or his designee to execute Change Order No. 11 with
Bay, Ltd. of Corpus Christi, Texas in the amount of $244,759.47 for a total restated fee of
$3,417,085.23 for Street Overlays Group 1. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
19.b. MOTION NO. 2010 -214
Motion authorizing the City Manager or his designee to execute Change Order No. 8 with
Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $130,488.52 for
a total restated fee of $1,963,234.43 for Street Overlays Group 2. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
* * * * * * * * * * * * *
Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
23. Executive session under Texas Government Code Section 551.072 to deliberate the
purchase of real property, since the deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in negotiations with a third
person.
Minutes — Regular Council Meeting
September 14, 2010 — Page 9
24. Executive Session under Texas Government Code Section 551.071 Consultation with
Attorney, regarding Time Warner Cable franchise provisions regarding public education and
government access channels, with possible discussion and action in open session.
25. Executive Session under Texas Government Code Section 551.072 to deliberate the lease
of golf course properties, since the deliberation in open session would have a detrimental
effect on the position of the governmental body in negotiations with a third person.
25.1. Executive Session under Texas Government Code Section 551.0171 regarding fire
collective bargaining negotiations, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame advised the public that Items 23, 25, and 25.1. were informational only and no action
was taken or will be taken in open session. The following motion was passed with the following vote:
24. MOTION NO. 2010 -216
Motion to authorize the City Manager or designee to execute agreement to participate in a
coalition with other Texas cities which includes the hiring of the law firm of Miller and Van
Eaton of Washington D.C., to oppose the plan by Time Warner Cable to digitalize local
public, education and government access channels, with City's cost not to exceed $10,000
subject to certification of funds, and subject to ability of City to withdraw from the agreement
when deemed appropriate by the City Attorney.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
* * * * * * * * * * * **
Mayor Adame opened discussion on Item 32 regarding a lease agreement with Corpus
Christi Developments 1, LLC. Director of Aviation Fred Segundo introduced the presentation team
including Assistant Director of Aviation Enrique Castillo, Development Manager for Jones
Development Nick Jones, and Senior Manager for FedEx Ground Facility Jake Harris. Mr. Segundo
explained that this ordinance authorizes the execution of a ground agreement for a 30 year lease,
with two (2) ten -year options to renew, to allow for the development of a built to suit ground package
distribution center at the International Business Center. Mr. Segundo referred to a powerpoint
presentation including the location of the International Business Center; the development of the
build -to -suit facility; and future land development.
Council Member Marez spoke in support of the project. Council Member Scott thanked
Corpus Christi Development for their interest in Corpus Christi and the commitment to invest in the
City. In response to Mr. Scott, Mr. Segundo explained that a proposal has been submitted to the
Coast Guard for development and staff is uncertain when the time period for approval of that project.
Council Member Leal thanked the presentation team and stated that she looks forward to the
potential job creation from this project.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
September 14, 2010 — Page 10
32. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a thirty -year lease with Corpus
Christi Developments 1, LLC, doing business as Corpus Christi FXG, LLC ( "Lessee "), with
two ten -year options to renew, for approximately 356,320 square feet fronting Pinson Drive
(Industrial Park) to construct a distribution facility and related improvements, in consideration
of Lessee, paying $.09 cents per square foot for unimproved land including an adjustment of
up to 3% every five years as set out in the lease.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
* * * * * * * * * * * *
Mayor Adame referred to Item 26, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0810 -01, Jobita M. Coronado & Mary G. Dillard: A change of zoning from the "R-
1 B" One- family Dwelling District to the "B -1" Neighborhood Business District resulting in a
change of land use from one - family dwelling use to a neighborhood business use. The
property to be rezoned is the Austin Subdivision, Block 3, Lot 17 generally located at 502
Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa
Street and Baldwin Avenue.
No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close
the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their
votes as follows:
26. ORDINANCE NO. 028779
Amending the Zoning Ordinance, upon application by Jobita M. Coronado & Mary G. Dillard,
by changing the Zoning Map in reference to Austin Subdivision, Block 3, Lot 17, from "R-1B"
One - family Dwelling District to "R-1B/SP" One - family Dwelling District with a Special Permit,
subject to seven (7) conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
Mayor Adame referred to Item 27, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0810 -02, AN Corpus Christi Chevrolet, LP: A change of zoning from the "R-1B"
One - family Dwelling District to the "B -3" Business District resulting in a change of land use
from one - family dwelling to business use. The property to be rezoned is 6.87 acres out of
Woodlawn Estates Subdivision, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and
Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the
intersection of McArddle Road and Nile Drive.
Minutes — Regular Council Meeting
September 14, 2010 — Page 11
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including an aerial view; the existing land use map; the future land use map; the
oblique view of the subject property; the "R-1B" and "B -3" allowable uses; photos of the subject
property; and the site plan. Ms. Macon. stated that staff recommended approval of the applicant's
request forthe "B -3" General Business District and the Planning Commission recommended denial
of the "B -3" General Business District and in lieu thereof, approval of the "R -1 B /SP" One - family
Dwelling District with a Special Permit and ten (10) conditions. Ms. Macon reported that staff worked
with the Planning Commission to develop the conditions for the Special Permit.
MayorAdame called for comments from the audience. Michael Child, Auto Nation, provided
a background on the sales tax and job retention provided by Auto Nation Champion and stated that
the company needs access from McArdle Road for the expansion of the business. Mr. Child said the
plan for the property includes . fencing and landscaping. Mr. Child requested that the business be
allowed one drive way access from McArdle Road as far away from the school area as possible.
Steve Chapman, General Manager of Champion Honda, explained that there are no structures
associated with the zoning change and the company is requesting support of the zoning changes
with egress off McArdle in front of Clarion Drive. Mr. Chapman also reported that currently there is a
car dealership in the City with egress to Trojan Drive in front of a school. Joel Bocanegra, Finance
Director of Champion Honda and resident of Pharaoh Drive, asked the Council for consideration of
access to McArdle Road for the business.
Will Schnier, representative forthe applicant and civil engineer forthe project, stated that the
applicant worked very closely with staff to proactively come up with the eight (8) conditions to be
sensitive to the concerns of the neighborhood and enhance the proposal. Mr. Schnier stated that the
key aspects of the proposal include: 1) no proposed any building, lighting, or sound devices in the
area, 2) the proposal offers proposed landscaping, privacy screening fences, and no paving within
25 feet, and 3) the parcel shown is shown to be commercial in future land use map and
comprehensive map. Mr. Schnier explained that the Planning Commission is recommending
prohibiting access to McArdle Road and the applicant would like the Council's consideration to allow
at lease one drive way to McArdle Road forthe success of the business and the convenience of the
customers and an extended Special Permit period. Mr. Schnier also responded to questions
regarding the drainage; the storm water detention pond; traffic concerns, and the site plan.
Stephen Chapman, 1101 Clarion, spoke in opposition to allowing access from McArdle Road
because the property is in proximity to an elementary and middle school; traffic concerns; and to
preserve the character of the neighborhood as residential. Mr. Chapman expressed concern that the
property owner is requesting "B -3" zoning to sell the property. Mr. Chapman reiterated that he
supported the Special Permit but not the "B -3" zoning. Mr. Chapman presented pictures showing
that the property has access to McArdle Road through Daly Drive. Laura Chapman, 11301 Clarion
Drive, stated that a traffic study has been done for Clarion Drive that allowed for two speed bumps
on the street. Ms. Chapman is concerned about the affect the additional traffic will have on the
children in the neighborhood. Sandra Perez, 1302 Aswan, expressed concern regarding the traffic;
drainage problems; and the detention pond attracting additional mosquitoes.
The following topics pertaining to this item were discussed: the current zoning of the
property; whether there is currently access from McArdle Road and Daly Drive; the number of
driveway cuts allowed in the "B -3" and "R -1 B" zoning; staff's recommendation and the development
of the special permit; drainage concerns; the storm water flow for the area; whether the applicant
has met with the neighborhood; ingress and egress on McArdle Road with large vehicles; traffic
concerns with the expansion of Texas A & M University— Corpus Christi; the site plan; the request to
by the applicant for the Council to consider the one access at Clarion Drive; and consideration of a
condition that no large commercial truck be allowed access to McArdle Road.
_1 1 —
Minutes — Regular Council Meeting
September 14, 2010 — Page 12
Council Member Martinez made a motion to support Planning Commission's
recommendation. The motion was seconded by Ms. Adler. City Secretary Chapa polled the Council
for their votes as follows:
The motion failed with the following vote: Adler, Leal, and Martinez, voting "Aye "; Adame,
Chesney, Elizondo, Kieschnick, Marez, and Scott, voting "Aye ".
Mr. Kieschnick made a motion to amend the Planning Commission's recommendation to
allow for one access point at Clarion Drive with a height bar of 13 -feet. The motion was seconded by
Mr. Chesney.
The motion was passed and approved with the following vote: Adame, Adler, Chesney,
Elizondo, Kieschnick, Marez, and Scott, voting "Aye "; Leal and Martinez, voting "No ".
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kieschnick , and
passed. Mr. Chapa polled the Council for their votes as follows:
27. ORDINANCE NO. 028780
Amending the Zoning Ordinance, upon application by AN Corpus Christi Chevrolet, LP, by
changing the Zoning Map in reference to 6.87 acres out of Woodlawn Estates, Block 1, Lots
1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4,
from "R -1 B" One - family Dwelling District to "R1 -B /SP" One- family Dwelling District with a
Special Permit, subject to a Site Plan and ten (10) conditions; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan; providing a
repealer clause; providing a penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leaf,
Marez, Martinez, and Scott, voting "Aye ".
* * * * * * * * * * * * *
Mayor Adame called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the capital improvement program and suggested that the Council consider selling the
Garwood Water rights and selling the Gas Department. John Kelley, 413 Waco, spoke regarding the
developer trust funds and urged the Council to not create a separate fund for redevelopment. David
Loeb, 522 Hancock, spoke in support of staff's recommendation on the developer trust funds and
encourage the Council to consider more options to improve the community. Foster Edwards, CEO of
the Corpus Christi Chamber of Commerce, spoke regarding Conquer the Coast on September24t"
and 251 and the Secretary of the Army "Salute to the Military" dinner on November 9t "; and invited
the Council to the trip to Oklahoma City on October 5t" and 6th to see what has been done to
revitalize downtown area.
* * * * * * * * * * * * *
Mayor Adame referred to Item 28, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0810 -03, Fabian Molina Family, Ltd.: A change of zoning from the "B -4" General
Business District to the "1 -2" Light Industrial District resulting in a change of land use from a
general business to a light industrial use. The property to be rezoned is 0.977 acres out of
—12-
Minutes — Regular Council Meeting
September 14, 2010 — Page 13
Saratoga Weber Plaza Subdivision, Block 7, Lot 14, located at 3814 Acushnet Drive,
approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road.
No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the
public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheirvotes as
follows:
28. ORDINANCE NO. 028781
Amending the Zoning Ordinance, upon application by Fabian Molina Family LTD, by
changing the Zoning Map in reference to 0.977 acres out of Saratoga Weber Plaza
Subdivision, Block 7, Lot 14, from "B-4" General Business 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; and providing for
publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, and Scott, voting "Aye ";
Kieschnick and Martinez were absent.
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 29 regarding the retirement and contract
amendment for City Manager Escobar. City Attorney Valdez explained that City Manager Escobar
has announced his retirement effective January 4th and stated that this item is a proposed
amendment to the City Manager's employment conditions.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29. MOTION NO. 2010 -217
Motion to agree to the retirement and approve an amendment to the employment conditions
and salary for City Manager 'Angel R. Escobar.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye; Chesney was absent.
(Note: Mr. Kieschnick was absent during the vote on this item and there was a general
consensus of the Council to accept his vote.)
Mayor Adame opened discussion on Item 30 regarding the discussion and consideration of
recruitment and selection process for a new City Manager. Assistant Director of Human Resources
Joan McKaughan explained that this item is to provide the Council with information on executive
search firms to go forward with the selection of a new City Manager. Ms. McKaughan provided the
Council with a binder that consisted of the following information: a draft position profile for the City
Manager search in 2008 and the agenda item; a list of executive search firms provided by the
Municipal Human Resources Managers Group, the Texas Municipal League and govtjobs.com on
executive search firms; the seven (7) executive search firms that the City contacted; a list of the
proposals received and costs; a sample of the professional services agreement; and the proposals
from Affion Public, Bob Murray & Associates, Johnson & Associates, Slavin Management
Consultants, Strategic Government Consultants, The Mercer Group, Inc. and Waters- Oldani
Executive Recruitment.
-13-
Minutes — Regular Council Meeting
September 14, 2010 — Page 14
The following topics pertaining to this item were discussed: the position that Affion Public
filled in the City; Slavin's experience including that more than 95% of placements have remained at
their clients' position for more than five years; the triple guarantee by Waters - Oldani; anticipated
salary ranges; and staff's recommendations.
Ms. McKaughan stated that after reviewing the proposals, staff recommended consideration
of Affion, Strategic Government Consultants, and Waters- Oldani Executive Recruitment.
Council Member Marez provided information on the City of Aurora, Colorado and an
interactive feature on the website allowing public involvement in the process for selecting the City
Manager. Mr. Marez supported a similar concept to allow for public input. Council Member Scott
spoke regarding verifying the market pay range and providing a recommendation to the Mayor within
the next two weeks. Council Member Elizondo stated that it was important to do this process right
and not too quickly and would like to involve the business community, general public and other
governmental agencies in the process. Council Member Kieschnick stated that the process of
selecting a search partner is just as critical as selecting the City Manager and recommended
bringing back this item in two weeks. Mr. Kieschnick also suggested broadening the focus to other
sources including national cities comparable to our size. Council Member Martinez said the Council
should take the necessary time to find an executive search firm and focus on the competitive salary
and public input process. Council Member Leal asked staff questions regarding the
recommendation of Waters - Oldani and Affion and spoke regarding public input. Council Member
Adler stated that she was excited about the process and thanked staff for their work. Mayor Adame
thanked staff for their work and City Manager Escobar for helping the Council transition into this
process. Mayor Adame stated that it was important to provide an appropriate pay scale and include
the community in the process.
After input from the Council, City Secretary Chapa stated that staff would place an item on
the agenda next week to narrow down the selection of the executive firm.
Council Member Kieschnick asked the Council to accept his vote of "Aye" for Item 29
regarding accepting the resignation of the City Manager and the amendment to his employment
contract.
Mayor Adame opened discussion on Item 31 regarding the Passenger Facility Charge.
Director of Aviation Fred Segundo explained that this item is an appropriation of $1,950,752 from
the unreserved fund balance for the purpose of funding the local match for funding the rehabilitation
of the federal inspection services area and to pay off debt service for Airport 2000A and 2000B
series bonds. Mr. Segundo referred to a powerpoint presentation on the Passenger Facility Charge
(PFC) including a historical timeline; the annual collections; and the authorized uses.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
31.a. ORDINANCE NO. 028782
Ordinance appropriating $1,950,752 from the unreserved fund balance in Passenger Facility
Charge Fund No. 4621 and retaining $700,000 to fund Terminal Building Reconstruction
improvements, transferring $893,910 into the Airport 2000A Debt Service Fund No. 4640
and transferring $356,842 into the Airport 20006 Debt Service Fund No. 4641 for Debt
Service on Airport Improvements; changing the FY2009 -2010 Capital Budget adopted by
Ordinance No. 028449 to increase appropriations by $1,950,752.
—14—
Minutes — Regular Council Meeting
September 14, 2010 — Page 15
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney was absent.
31.b. ORDINANCE NO. 028783
Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683
by increasing revenues and expenditures by $1,500 in Airport 2000A Debt Service Fund
4640 and by $1,500 in Airport 2000B Debt Service Fund 4641, to be used for paying agent
and other fiscal fees.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney was absent.
Mayor Adame opened discussion on Item 33 regarding the issue of flexible permits for the
local refinery industry. Director of Intergovernmental Relations Rudy Garza explained that this item is
being brought forward at the request of Council members and stated that the resolution is regarding
the dispute between the U.S. Environmental Protection Agency (EPA) and the Texas Commission
on Environmental Quality (TCEQ) on flexible permits. Mr. Garza provided a background on the
timeline of action taken by the TCEQ and EPA on the flexible permitting issues.
In response to Council Member Marez, Mr. Garza stated that the only local facilities affected
are Valero and Flint Hills.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
33. RESOLUTION NO. 028784
Resolution urging the U.S. Environmental Protection Agency and the Texas Commission on
Environmental Quality to reach a compromise on the issue of flexible permits in a manner
that provides regulatory certainty to our local refining industry in the interest of protecting
health and safety, jobs, and future investment in our community.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney was absent.
Mayor Adame opened discussion on Item 34 regarding Yorktown Boulevard — Staples to
Cimarron. Director of Engineering Services Pete Anaya explained that Council authorized a
construction materials testing contract with Arias & Associates on June 8, 2010 contingent upon
requirement that a professional engineer reside in a local office and having the local office
accredited. Mr. Anaya added that the agreement was never executed pending the fulfillment of
those requirements. Mr. Anaya stated that the company has reported that they cannot fulfill those
obligations and staff is requesting that Council rescind the authority to contract with Arias &
Association and authorize the contract to Rock Engineering. Curtis Rock , Rock Engineering, was
available to respond to questions.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
September 14, 2010 — Page 16
34.a. MOTION NO. 2010 -218
Motion rescinding the authority previously granted by Motion No. 2010 -129 passed by
Council on June 8, 2010, which gave the City Manager or his designee the authority to
execute an Agreement for Construction Materials Testing and Engineering Services with
Arias & Associates, Inc. of Corpus Christi, Texas in the amount of $71,383 for Yorktown
Boulevard — Staples to Cimarron. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Marez, were
absent.
34.b. MOTION NO. 2010 -219
Motion authorizing the City Manager or his designee to execute an Agreement for
Construction Materials Testing and Engineering Services with Rock Engineering and Testing
Laboratory, Inc. of Corpus Christi, Texas in the amount of $48,000 for Yorktown Boulevard —
Staples to Cimarron. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Marez, were
absent.
34.c. MOTION NO. 2010 -220
Motion authorizing the City Manager or his designee to execute an Agreement for
Construction Materials Testing and Engineering Services with Rock Engineering and Testing
Laboratory, Inc. of Corpus Christi, Texas in the amount of $32,876 for Buckingham Estates
Force Main and Oso Plant Effluent Line. (CIP FY 2010)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Marez, were
absent.
* * * * * * * * * * * **
Mayor Adame referred to Item 35 regarding the developer trust fund issues. Assistant City
Manager Johnny Pereles referred to a powerpoint presentation including trust fund balances; the
methodology for evaluating proposed trust fund revenue structure; history of the revenue to
expenditure comparison for the trust funds; wastewater fund inter -fund transfers; the impact of the
inter -fund transfers; solutions recommend to increase wastewater trust fund viability; revenue
sources for the wastewater trust fund; revenue components of the combined wastewater funds;
existing apportionment of revenues for wastewater trust funds; proposed re- apportionment of
revenues (connection surcharge fees) for wastewater trust funds; wastewater collection line trust
fund activity before and after connection surcharge re- apportionment; wastewater trunk line trust
fund before connection surcharge re- apportionment; proposed revenue enhancements for the
wastewater trunk line trust fund; density factors; wastewater trunk line trust fund before and after
connection surcharge re- apportionment; wastewater trunk line trust fund with density factor applied
to historical activity; expansion of concept to water trust funds; water distribution line trust fund
activity before and after connection surcharge re- apportionment; water arterial line trust fund activity
before and after connection surcharge re- apportionment; water arterial line trust fund with density
factor applied; special consideration of re-development needs; and proposed adoption schedule.
Minutes — Regular Council Meeting
September 14, 2010 — Page 17
The following topics pertaining to this item were discussed: consideration of water
distribution fee reduction; the original fee structure not including reimbursement for lift stations; the
major lift station projects (Tortuga Dunes and Bahia Vista) that affected the water arterial fund; inter -
fund transfers; the recommendation to re- distribute existing fund revenue sources to better align with
needs and expenditures; connection surcharge fees; redevelopment fees; whether the utility
payment recovery would affect the funds; the process for appropriating and expending the trust
funds; infill redevelopment; and having a separate fund for redevelopment.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 6:11 p.m. on September 14, 2010.
* * * * * * * * * * * * *
2
CITY COUNCIL
AGENDA MEMORANDUM
Date: 09/214010
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$19,000 from Sam Houston State University for the Project Safe Neighborhoods 2010
grant to continue the Save Our Streets campaign within the Police Department and to
execute all related documents.
B. Ordinance appropriating $19,000 from Sam Houston State University in the No. 1061
Police Grants Fund for funding available under the Project Safe Neighborhoods 2010
grant, and declaring an emergency.
ISSUE: Project Safe Neighborhood grant funding has been awarded to continue the Save Our
Streets campaign.
BACKGROUND INFORMATION: The Corpus Christi Police Department in conjunction with the
Corpus Christi Crime Stoppers Association has continued the Save Our Streets campaign which
began with PSN funds in 2007. The campaign focus is to take firearms out of the hands of gang
members by offering a set monetary award for anonymous tips that lead to the arrest of any
known gang member in possession of a firearm. The hotline is answered on a 24 hour basis; the
information gathered from callers is relayed to designated Gang Units for follow -up investigation.
This is not a gun buy back program, but a cash rewards program for tips leading to the arrest of
any known gang member in possession of a firearm. The Crime Stoppers reward funds will be
provided by the Law Enforcement Trust Fund.
The goal of the grant is to continue a proactive law enforcement initiative designed to target gun
violence by offering the citizens of Corpus Christi a new avenue to report firearm related
problems and thereby provide law enforcement with information not readily available.
FUNDING: The State provides $19,000 to support the advertising campaign for the Save our
Streets campaign. There is no cash match.
REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating the funds.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award and
appropriating funds.
D. Troy Riggs
Chief of Police
Troyrccctexas.ccrn
886-2603
Attachments:
Grant acceptance notice
•
Subaward Agreement # 321- 20 -052J
1. Institution /Organization ( "SHSU")
Name: Sam Houston State University
Address: 903 Bowers Blvd., Suite 204
Box 2392
Huntsville, Tx 77341 -2392
2. Institution /Organization ( "SUBRECIPIENT ")
Name: Corpus Christi Police Department
Address: PO Box 9016
Corpus Christi, Texas 78469
3.Projcct Title
Project Safe Neighborhoods 2010
1.Prime Sponsor
Office of Justice Programs — Bureau of Justice Assistance
6. Period of Performance
July 1, 2010 —June 30, 2013
5. Prince Award # CFDA#
2010 -GP-BX -0020 16.609
7. Amount of Award
$19,000.00
9. SHSU PI/Project Director
Name: Kristi Kreier
Address: College of Criminal Justice
Box 2296
Huntsville, Texas 77341 -2296
Phone: 936 - 294-3579
Email: lckreier ashsu.edtt
10. SUBRECIPIENT PI/Project Director
Name: Pat Eldridge
Address: PO Box 9016
Corpus Christi, Texas 78469
Phone: 361 -886 -2696
Email: pat@cctexas.com
11. SHSU Contract Negotiations /Administration:
Name: Denise Ballard
Address: SHSU Office of Research Administration
Box 2392
Huntsville, Tx 77341 -2392
Phone: 936 -294 -3833
Entail; dballard n shsu.edu
12. SUBRECIPIENT Contact Negotiations /Administration
Name: same as block 10 above
Address:
Phone:
Etnail:
13, Invoices sent to:
Name: Tammy Winkler
Address: College -of Criminal Justice
Box 2296
Huntsville, Texas 77341 -2296
Phone: 936-294-1674
Entail: lcc_tlw@shsu.edu
shsu.edu
Attachments:
Subaward Agreement Terms and Conditions
Appendix A Statement of Work and Deliverables
Appendix B Budget
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representative.
SAM HOUSTON STATE UNIVERSITY
By:
Dan G. Davis, CPA
Title: Associate VP for Research Administration
Date:
-22-
CORPUS CHRISTI POLICE DE TMENT
By:
Title:
Date:
321200525 - Sub to Corpus Christi Police Department under C520 1
ORDINANCE
APPROPRIATING $19,000 FROM SAM HOUSTON STATE
UNIVERSITY IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING
AVAILABLE UNDER THE PROJECT SAFE NEIGHBORHOODS 2010
GRANT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $19,000 is appropriated from Sam Houston State University in the
No. 1061 Police Grants Fund for funding available under the Project Safe
Neighborhoods 2010 Grant.
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 September 2010.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved as to form: September 9, 2010
T. Trish' Dang
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
Day of • , 2010
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,
Joe Adame, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by. the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
3
CITY COUNCIL
AGENDA MEMORANDUM
Date: 09121/2010
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the
amount of $89,290.07 from the State of Texas, Criminal Justice Division to
continue the Victims of Crime Act (VOCA) grant within the Police Department for
Year 11 with a City cash match of $19,520, in -kind match of $4,000 for a total
project cost of $112,810.07 and to execute all related documents.
B. Ordinance appropriating $89,290.07 from the State of Texas, Criminal Justice
Division in the No. 1061 Police Grants Fund for funding available under the
Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,520 from
the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as
grant matching funds, and declaring an emergency.
ISSUE: Year 11 funding has been awarded from the State of Texas, Criminal Justice
Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the
primary mission of providing direct services to victims of crime.
REQUIRED COUNCIL ACTION: Accepting the grant award.
PREVIOUS COUNCIL ACTION: Approval to submit the application on 03/23/2010.
FUNDING: The State provides $89,290.07 and the City $23,520. The City is required
to contribute at least a 20% grant match that may be in -kind or cash contribution.
Volunteer hours provide $4,000 toward the match with the general fund providing
$19,520 to purchase equipment, supplies, and provide training. The funding is not on a
declining percentage or ending funding cycle.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant
award and appropriating funds.
D. T oy Riggs
Chief of Police
T royr cctexas. com
886 -2603
Attachments:
Grant acceptance notice
BACKGROUND INFORMATION
The grant continues the Victim Assistance Program that provides assistance to victims
and family members with the goal of lessening the short and long -term trauma
experienced as a direct result of victimization. Victims and their family members are
provided with information and guidance for resolving problems and referrals to other
social service agencies. The purpose of these services is to speed their recovery from
a criminal act to aid them in the criminal justice process.
The grant covers the salary/ benefits for two Victim Case Managers, equipment,
supplies, training, and mileage. The case managers provide services to victims
including information and referral, criminal justice support and case information,
assistance with filing forms for benefits available through the Crime Victims'
Compensation under the Texas Crime Victims Compensation Act, informing victims of
their rights as victims, advocating on victims behalf with other agencies and within the
criminal justice system, and transportation to shelter or to court. They also work with
the Victims Advocates Office located at the District and County Attorney's office, local
coalitions and other agencies in an ongoing effort to identify needs and to improve the
quality and continuity of services to victims in the community.
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
Grant Number: VA- I0 -V30- 15223 -11
Program Fund: VA- Victims of Crime Act Formula Grant Program
Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW -
Project Title: Victims of Crime Act
Grant Period: 09/01/2010 - 08/31/2011
Liquidation Date: 1I/29/2011
Date Awarded: August 31, 2010
CJD Grant Manager: Mary Hightower
CJD Award Amount:
Grantee Cash Match:
Grantee In Kind Match:
Total Project Cost:
$89,290.07
$19,520.00
$4,000.00
$112,810.07
The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division
(CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee
agrees to comply with the .provisions of the Governor's Criminal Justice Division's rules in Title I, Part I,
Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept'
button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees
with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific
Requirement(s), if any, cited below:
Condition(s) of Funding and Other Fund - Specific Requirement(s):
ORDINANCE
APPROPRIATING $89,290.07 FROM THE STATE OF TEXAS,
CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS
FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME
ACT (VOCA) FUND, AND AUTHORIZING THE TRANSFER OF $19,520
FROM THE NO. 1020 CASH CONTRIBUTION TO GRANTS TO THE
NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $89,290.07 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for funding available under the Victims of Crime Act
(VOCA) Fund, and authorizing the transfer of $19,520 from the No. 1020 cash
contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds.
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 on this the day of September, 2010.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved as to form September 8, 2010
T. T isha Dang
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, 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
Joe Adame
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
4
AGENDA MEMORANDUM
DATE: September 21, 2010
SUBJECT: RTA Interlocal Agreement for Street Improvement
AGENDA ITEM:
Ordinance Appropriating $1,000,000 into the Street CIP Fund No. 3530 from the Regional
Transportation Authority for the RTA 2010 Special Projects Program ($500,000) and for the
RTA 2009 Special Projects Program ($500,000); and Changing the FY 2010 Capital
Budget adopted by Ordinance 028449 by increasing revenues by $1,000,000 in Street cr
Fund NO. 3530; and Declaring and Emergency.
ISSUES: Appropriation of the contributions for the RTA Special Projects Program is
necessary before any expenditure of the funds can occur.
RECOMMENDATION: Approval of the ordinance as presented.
Pete Anaya,
Director — Engineering Services
361 -826 -3781
petea n Cad cctexas . com
Attachments:
Exhibit A - Additional Information
Exhibit B — Notification of Additional Funding
H:I HOMEIKEVIN51GENIRTA120101ApproOrdMemo .doc
—35—
ADDITIONAL INFORMATION
BACKGROUND: RTA provides funding for general purpose street improvements and RTA special
projects. The general purpose street improvement program funds are appropriated in the General
Fund as part of the annual budget process. The amount of general purpose street improvement
funds the RTA is providing for CY2010 is $1,082,656.00.
The RTA special project funds are appropriated into the Street CIP Fund to ensure expenditures are
made for RTA projects and the funds do not fall to the fund balance at the end of the fiscal year.
The funding level is set each year by the negotiation between the City Manager and RTA Executive
Director. The RTA is providing $500,000.00 for RTA special projects for CY2010.
RTA had previously made $500,000.00 available for the RTA CY2009 special projects, but had
verbally notified the City that they would not proceed with any 2009 special projects. Therefore, the
funds were not appropriated at the time. RTA has informed the City that it wishes to now proceed
with RTA special projects utilizing the 2009 special projects funds.
Both the 2009 and 2010 proceeds must be appropriated to allow their expenditures on the projects
selected by the RTA.
AGREEMENTS: The format of the current agreement with the Street Improvement Fund began in
1999. The City and RTA operated under a 1985 agreement until 1991. The 1985 agreement
provided for the RTA to pay the City an amount for certain transportation- related purposes. The
amount paid was adjusted by the inflation rate each year. During December, 1991, the RTA Board
established two funds to benefit all cities in the RTA service area.
The 1991 Street Improvement Fund continued the payment for certain transportation - related
purposes. The proceeds of the second fund (Transportation Assistance Fund) were used by the
City of Corpus Christi to defray the cost of Emergency Medical transportation until 1999.
AGREEMENT SUMMARY: The 1985 agreement was not terminated by the current inter -local
agreement. The 1985 inter -local agreement remains in full force and effect should the current inter-
local agreement not be renewed in the future. The agreement allows both the RTA and City to
identify particular projects being funded through the Program well in advance, and enable the RTA
to increase the overall amount available for the new Street Improvement Fund as part of its
operating budget.
The RTA General Manager and City Manager work together each year to develop a final list of
projects to be funded by the RTA. RTA allocates a percentage of its sales tax receipts to fund the
new Street Improvement Program.
Other major points of the agreement are:
• the RTA and City may enter into other agreements for street improvements or other
transportation related projects of mutual interest outside the terms of this inter -local
agreement;
• the RTA may directly pay the City, reimburse the City, or to directly contract for project
depending on whichever alternative is deemed most convenient or efficient;
Exhibit A
Page 1 of 2
-36-
• the City will report to RTA within ninety (90) days following the end of each year of the
agreement a brief report of funds received, fund expended for each project, and the status of
any project not completed;
• the term of the agreement is for one year, and is subject to automatic renewal; and
• termination of the agreement is subject to notification to the other party ninety (90) days in
advance of termination.
Exhibit A
Page 2 of 2
—37—
Regional Transr rtation Authority
NOTIFICATION OF ADDITIONAL FUNDING
(Street Improvement Fund)
. The Regional Transportation Authority in Corpus Christi, Texas ( "RTA "), a metropolitan
transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of
Corpus Christi, Texas ( "City "), a municipal corporation, have entered into an Inter -local
Agreement providing funding by the RTA to the City for a Street Improvement Program.
The. RTA has allocated the amount of $1,198,216.00 for the City's Street Program
General Purpose Fund and $500,000 for the City's Special Projects Program designated for
ADA transit enhancements for fiscal year 2009 under the annual Interlocal Agreement. All terms
and conditions of the existing Inter -local Agreement shall continue in full force and effect and
apply to this additional funding.
The City agrees to submit its proposed list of street improvement projects for fiscal year
2009 promptly. The City agrees to file a report with the RTA within 90 days following the end
of each year on the expenditure of the funds paid to the City during the previous fiscal year
DATED this day of July, 2009.
REGIONAL T
17......„
PORTATION AUTHORITY
By:•
ACCEPTED:
CITY OF CORPUS CHRISTI, TEXAS
By:��
Eduardo Carrion, Chief Executive Officer
el Escobar, City Manager
Exhibit B
Page 1 of 2
(361) 289 -2712 • 5658 Bear Lane • Corp hristl, Texas 78405 • Fax (361) 289 -0605
The B Customer Center • (361) 883 -2287 • 1806 S. Rri�a • Corpus Christi, Texas 78404 • Fax (361) 883 -9938
1-.! • :
• ;
Regional ilransportation Autlio4
NOTIFICATION OF ADDITIONAL FUNDING
(Street Improvement Fund)
...• •
•! ;
Regional Transportation Authority in Corpus Christi, Texas ("RIA"), a metropolitan
transit . authority operating under Chapter 451 of the Texas Transportation Code, and the City of
CUs: .Christi, Texas ("City"), a municipal corporation, have entered into an Inter-local
Agreernent providing funding by the RTA tothe City for a Street Improvement Program.
The RTA has allocated the amount of $1,082,656.00 for the City's Street Program
G.cri.Of41 ; Purpose Fund and $500,000 for. the City's Special Projects Program designated for
ADA:transit enhancements for fiscal year .2010 under the annual Interlocal Agreement. All terms
and conditions of the existing Inter-local Agreement shall continue in full force and effect and •
'applr; to this additional funding.
The City agrees to submit its proposed list of street iinprovement projects for fiscal .year
20lp promptly. The City agrees to file a'report with the RTA within 90 days following the end
Of each year on the expenditure of the funds paid to the City during the previous fiscal year. •
............
DATED this 20 day of July,.2Q10.
REGIONAL TRANSPORTATION AUTHORITY
/
By: -
Jorge C .4 kedo
Acting Inter m Chief Executive Officer
ACCEPTED:
CITY OF CORPUS CHRISTI, TEXAS
At,
At gel Escobar, City Manager
AproveilasioLegal font
j'V
Veronica Manes
Assistant City Attorney
For City Attorney
Exhibit B
Page 2 of 2
(361) 289-2712 • 5658 Bear Lane • Corpus Christi, Texas 76405 • Fax (361) 289•0605
The B Customer Center • (361) 883-2287 • 1806 S. Alameda * Corpus Christi, Texas 78404 • Fax (361) 883-9938
— 39-
•::
ORDINANCE
APPROPRIATING $1,000,000 INTO THE STREET CIP FUND NO. 3530 FROM
THE REGIONAL TRANSPORTATION AUTHORITY FOR THE RTA 2010
SPECIAL PROJECTS PROGRAM ($500,000) AND FOR THE RTA 2009
SPECIAL PROJECTS PROGRAM ($500,000); AND CHANGING THE FY 2010
CAPITAL BUDGET ADOPTED BY ORDINANCE 028449 BY INCREASING
REVENUES BY $1,000,000 IN STREET CIP FUND NO, 3530; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $500,000 is appropriated into the Street CIP Fund No. 3530
from the Regional Transportation Authority for the RTA 2010 Special Projects
Program, and $500,000 is appropriated into the Street CIP Fund No. 3530 from
the Regional Transportation Authority for the RTA 2009 Special Projects
Program.
SECTION 2. That the FY 2010 Capital Budget adopted by Ordinance No.
028449 is changed to increase revenues by $1,000,000 in Street CIP Fund No.
3530.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of September, 2010.
ATTEST
Armando Chapa
City Secretary
Approved: September 9, 2010
Lisa Agui
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
Corpus Christi, Texas
Day of , 2010
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,
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
5
AGENDA MEMORANDUM
DATE: September 21, 2010
SUBJECT: O.N. Stevens Water Treatment Plant Raw Water Influent Improvements
(Project No. 86431 CIP No. WAWS 02)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an
Agreement for Geotechnical. Engineering Testing Services with Rock Engineering and
Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $133,945.00 for O.N.
Stevens Water Treatment Plant Raw Water Influent Improvements. (Water Supply CIP FY
2010)
ISSUE: The O.N. Stevens Water Treatment Plant has hydraulic anomalies in the existing
piping configuration that limit the hydraulic capacity of the plant to less than the treatment
capacity of the plant. The most critical areas are located between the raw water junction
box and the sedimentation basins. In addition to the hydraulic restrictions posed by the
existing piping, the piping also makes it difficult to split incoming water flow between the
two treatment trains. This project proposes to eliminate all constrictions the front end
piping and allow a passive flow split between the two treatment trains.
The proposed testing contract is to evaluate the soil and groundwater conditions at the site
and to recommend types and depths of foundation and pavement systems suitable for the
proposed project. The scope of the exploration and analysis will include the subsurface
investigation, field and laboratory testing, engineering analysis and evaluation of the
subsurface soils and foundation and pavement recommendations. The exploration and
analysis of the subsurface conditions will be utilized to form a reasonable basis for the
foundation and pavement designs.
FUNDING: Funding is available from the Water Supply Capital Improvement Budget FY
2010.
:_,3•
JP
JTO,41-.
Gust- • Gonzalez, P.E.
Direct , r of Water S rvic
361 -826 -1874
gustavogo@cctexas.com
OMMEN - -"��[�- N: Staff recommends approval of the Motion as presented.
Additional Support Material:
Exhibit "A" Background
Exhibit "B" Prior Actions
Exhibit "Ctt Project Budget
Exhibit "D" Location Map
—45—
Pete Anaya, P.E.,
Director of Engineering Services
361 -826 -3781
petean @cctexas.com
H:SEOMEMelbO1GE1J\WATERIO. N. Sweat Water Tra/meat PtantH643- ON. Stevens Raw Water Influent IngtnvementsHarge Geotech Testin412 AGENDA MEMO.doe
AGENDA BACKGROUND INFORMATION
SUBJECT: O.N. Stevens Water Treatment Plant Raw Water Influent Improvements (Project
No. 86431 CIP No. WAWS 02)
GEOTECHNICAL TESTING CONTRACT DESCRIPTION: The proposed testing agreement is
with Rock Engineering and Testing Laboratory, Inc. (RETL) of Corpus Christi in the amount of
$133,945. The contract consists of the following:
D Subsurface Field Investigation $112,080.00
• Laboratory Testing Program $11,720.00
• Geotechnical Engineering Review and Report $10,145.00
TOTAL: $133,945.00
The subsurface field investigation, to evaluate the engineering characteristics of the foundation
bearing materials, will include reconnaissance of the project site, performing the test boring
operations and obtaining disturbed split spoon soil samples and relatively undisturbed Shelby
tube samples. Fourteen borings will be performed to maximum termination depths of 55 -feet
within the O.N. Stevens Water Treatment Plant project site.
In addition to the field investigation, a laboratory testing program will be conducted to determine
additional pertinent engineering characteristics of the subsurface materials necessary in
analyzing the behavior of the foundation and pavement systems for the proposed project. The
laboratory testing program will include supplementary visual classification and water content
tests on all samples. In addition, selected samples will be subjected to Atterberg limits tests,
percent material finer than the #200 sieve, unconfined comprehensive strength tests and 1 -D
Swell Potential.
Upon completion of the drilling and laboratory testing, RETL will prepare a Geotechnical
Engineering Report which will include foundation and pavement recommendations and various
construction considerations /site improvement methods.
PROJECT DESCRIPTION: A hydraulic analysis has identified several bottlenecks which restrict
flow to about 159 MGD ahead of the sedimentation basins and 133 MGD into the pre -
sedimentation basin. This project will consist of hydraulic improvements at the raw water influent
to increase the plant flow rate from 159 MGD to 200 MGD and increase the security and
serviceability of the plant. The ONSWTP is currently rated at a treatment capacity of 167 MGD
and is capable of being rated by the Texas Commission on Environmental Quality (TCEQ) to 200
MGD. Improvements will also be made to the pre - sedimentation basin allowing the entire plant
flow to receive pre- setting and blending of the raw river water and lake sources. These
improvements will enhance the performance of the treatment plant and increase the hydraulic
capacity by 67 MGD. These improvements are also required for the chemical feed
improvements, which will allow for more precise control of chemical dosing, resulting in
substantial cost savings. The raw water influent improvements will allow for 100% blending of
source waters for uniform treatment and increases in process efficiency, which will improve the
quality of the finished water.
EXHIBIT "A"
_ Q _ Page 1 of 2
H:IHOMEIKe1IKAGEN\WATERIO.N. Stevens Water Treatment Plant16643. O.N. Stevens RaW Water Influent ImpravemenIs4Large Geoleth Tesung13 AGENDA BACKGROUND.doc
GEOTECHNICAL SERVICES AND MATERIALS INSPECTION AND TESTING
REQUIREMENTS: In order for a testing firm to enter into a contract with the City of Corpus
Christi, they must meet minimum locally available geotechnical services and materials inspection
and testing requirements. For materials inspection and testing, the firm must have available in-
house equipment and employ qualified certified staff necessary to perform the work. Specifically
for asphaltic concrete testing (which includes testing of asphaltic concrete material, base and
subgrade), the firm must employ one professional engineer locally with a minimum of three years
of experience in testing roadway construction materials and a minimum of one person locally
with the proper Hot Mix Asphalt Specialist Certification (Level 1A minimum). As part of this
requirement, the City has given each local geotechnical consulting firm 6 months from March
2010 to meet the local engineer and accreditation requirement. Rock Engineering and Testing
Laboratory, Inc. meets the requirements.
PROJECT BACKGROUND: The O.N. Stevens Water Treatment Plant is an aging facility that
requires strategic capital improvement projects to enhance the operational readiness, code
compliance, and implementation of new and improved technologies and processes. This project
was identified in the City's Capital Improvement Plan to address the current hydraulic bottleneck
that limits total plant capacity to 159 MGD (or less).
FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project is
required. This geotechnical testing agreement does not include construction materials testing.
Approval of a construction materials testing agreement is required and will be addressed in the
future with a separate contract.
-47 —
H:IHOME1KelIyO1GENIWATERIO.N. Stevens Water Treatment Plant18643. O.N. Stevens Raw Water Influent Improvements arpe Greeted! Testing13 AGENDA BACKGROUND.dac
EXHIBIT "A"
Page 2 of 2
PRIOR PROJECT ACTIONS
SUBJECT: O.N. Stevens Water Treatment Plant Raw Water Influent Improvements
(Project No. 86431 CIP No. WAWS 02)
PRIOR COUNCIL ACTION:
1. December 15. 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
2. January 12. 2010 — Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with Freese and Nichols,
Inc. of Corpus Christi, Texas, in the amount of $1,880,000 for a restated amount of
$1,927,500 for the O.N. Stevens Raw Water Influent Improvements for preliminary,
design, bid and construction phase services and additional services. (Motion No. 2010-
013)
PRIOR ADMINISTRATIVE ACTION:
1. December 28. 2007 - Distribution of Request For Qualifications (RFQ) No. 2007 -05 CIP
Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms
(78 local and 113 non - local).
2. January 14.2008 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2007-
05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191
engineering firms (78 local and 113 non - local).
3. January 17. 2008 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2007-
05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191
engineering firms (78 local and 113 non - local).
4. May 27, 2008 — Administrative approval of an Agreement for Architect/Engineer
Consultant Services with Freese and Nichols, Inc. in the amount of $47,500 for O.N.
Stevens Raw Water Influent Improvements.
EXHIBIT "B"
Page 1 of 1
H:1HOME ICellyO \GEN\WATHRIO.N. Stevens Water Treatnxatt Plant\8643- O.N. Stevens R vgTater Influent Smpruvemente \Large Geetech Testing\4 PRIOR ACTIONS.doc
PROJECT BUDGET
O.N. STEVENS WATER TREATMENT PLANT
RAW WATER INFLUENT IMPROVEMENTS
Project No. 8643
September 21, 2010
FUNDS AVAILABLE:
Water Supply CIP (WAWS 02) $18,000,000.00
FUNDS REQUIRED:
Estimated Construction (Contractor TBD) $13,584,000.00
Contingencies 1,358,400.00
Consultant Fees:
Consultant (Freese & Nichols, Inc.) (Small A/E & Amd. No. 1) 1,927,500.00
Testing - Geotech (Rock Engineering and Testing Laboratory, Inc.) 133,945.00
Estimated Construction Materials Testing (TBD) 137,735.00
Reimbursements:
Contract Adminstration (Contract Preparation /Award /Admin) 305,640.00
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 475,440.00
Finance Issuance 169,800.00
Misc. (Printing, Advertising, etc.) 67,920.00
TOTAL $18,160,380.00
FUNDS REMAINING: ($160,380.00)
Future CIP Request $160,380.00
$0.00
EXHIBIT "C"
Pa9e1 oft
\Mproject\ councilexhibits \ exh8643. d wg
O. N. STEVENS WATER
TREATMENT PLANT
LOCATION
O.N. STEVENS
RAW WATER INFLUENT
IMPROVEMENTS
_.
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST! , TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 09/14/2010
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6
AGENDA MEMORANDUM
AGENDA ITEM:
PUBLIC HEARING — ZONING (City Council Action Date: August 17, 2010)
Case No. 0610 -05:
September 8, 2010
City of Corpus Christi: The applicant is requesting zoning the recently annexed
properties to the "R -1 B" One- family Dwelling District
The property to be zoned is approximately 5 tracts, totaling approximately 6.635
acres, of submerged land owned by the Port of Corpus Christi Authority, along
the southern shoreline of Nueces Bay
PLANNING COMMISSION AND STAFF RECOMMENDATION (June 23, 2010):
Planning Commission and Staff recommended approval of the Applicant's request to designate newly
annexed submerged land along the south shoreline of Nueces Bay to the "R-1B" One - family Dwelling District
consistent with annexation Ordinance 028283.
REQUIRED COUNCIL ACTION:
Approval of Planning Commission and Staffs Recommendation.
STAFF SUMMARY:
Background: By adoption of Ordinance 028283 in August 2009, with and effective annexation date of
September 1, 2009, the City corrected a long standing boundary issue along the south shoreline of Nueces
Bay. Originally, when the water along the shoreline was annexed in 1950 and 1969, the annexation ordinances
described a shoreline as of the date of annexation. Over time, as the shoreline eroded, the city limit line
moved away from the shoreline. The 2009 annexation ordinance changed the boundary description of the
shoreline so that overtime the city boundary will remain on the physical shoreline. The 2009 Ordinance is also
beneficial to clearly establishing the limits of Industrial District No. 1 as all of the land for industrial
development in the district is now clearly bounded by the physical shoreline.
Request: The City of Corpus Christi is requesting zoning to the "R-1B" One - family Dwelling District.
Existing Land Uses: Water District (Submerged Land).
Existing Zoning: No current zoning exists.
Requested Zoning: The subject property is proposed to be zoned "R -1 B" One - family Dwelling District. The
"R-1B" One - family Dwelling District allows for single family residential uses, churches, public and non - profit
private schools, and water uses.
Agenda Memorandum
Case No. 0610 -05 City of Corpus Christi
Page 2
Juan Perales, Jr., P.E.
Assistant City Manager, Departments of Engineering and Development Services
Email: johnnvpc cctexas.com
Phone: 361 -826 -3828
Attachments:
1. Zoning Report
2. Planning Commission Minutes
3. Ordinance (and site plan if appropriate)
CITY COUNCIL
ZONING REPORT
Case No.: 0610 -05
Planning Commission Hearing Date: June 23, 2010
Applicant &
Legal
Description
Applicant: City of Corpus Christi
Owner: Port of Corpus Christi
Representative: City of Corpus Christi, Development Services
Address: 2406 Leopard Street
Legal Description/Location: The property to be zoned is approximately 5 tracts, totaling
approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority,
along the southern shoreline of Nueces Bay.
Zoning
Request
From: Annexed — No Current Zoning
To: "R -1B" One - family Dwelling District
Area: Total of 6.635 Acres
Purpose of Request: The five tracts constitute land annexed by the City of Corpus Christi in
August of 2009 to adjust the discrepancy of the City limit line along the shoreline of Nueces Bay.
Zoning
Existing Land Use
Future Land Use
Site
None
None
Water
North
"R -IB" One - family Dwelling District
Water
Water
South
Industrial District No. 1
Dredge Placement
Dredge Placement
East
Industrial District No. 1
Dredge Placement
Dredge Placement
West
Industrial District No. 1
Dredge Placement
Dredge Placement
4 c
•
0.
e c
Area Development Plan: This tract of land is located in the Port Airport Violet Area
Development Plan. The proposed zoning is consistent with the adopted Future Land Use Plan
which designates the area for water uses.
Zoning Violations: None
Staff's Summary:
• Background: By adoption of Ordinance 028283 in August 2009, with and effective
annexation date of September 1, 2009, the City corrected a long standing boundary issue
along the south shoreline of Nueces Bay. Originally, when the water along the shoreline
was annexed in 1950 and 1969, the annexation ordinances described a shoreline as of the
date of annexation. Over time, as the shoreline eroded, the city limit line moved away from
the shoreline. The 2009 annexation ordinance changed the boundary description of the
shoreline so that over time the city boundary will remain on the physical shoreline. The
2009 Ordinance is also benefzcial to clearly establishing the limits of Industrial District No.
1 as all of the land for industrial development in the district is now clearly bounded by the
physical shoreline.
City Council Zoning Report
Case #:0610 -05, City of Corpus Christi
Page 2
• Request: The City of Corpus Christi is requesting zoning to the "R-1B" One - Family
Dwelling District to adjust the discrepancy of the City limit line along the shoreline of
Nueces Bay
• Existing Land Uses: Water District (Submerged Land).
• Existing Zoning: No current zoning exists.
• Requested Zoning: The subject property is proposed to be zoned "R -1B" One- family
Dwelling District. The "R -1B" One - Family Dwelling District allows for single family
residential uses, churches, public and non -profit private schools, and water uses.
• Background Information: Port of Corpus Christi and City Staff discovered several
boundary issues or corrections that were corrected along the south shoreline of Nueces Bay
between city limits and Industrial District No. 1. The annexation and disannexation
corrected the south Nueces Bay Shoreline to become the city limit line.
The 1950 and 1969 annexation ordinances along the south shoreline of Nueces Bay did not
account for accretion and erosion of the shoreline. The 1950 annexation ordinance was
based on a fixed boundary line across water and land areas. Shoreline areas not included in
the 1950 annexation were annexed in 1969 with an annexation ordinance that specifically
annexed the "present" shoreline. Both of these annexation ordinances created fixed
boundaries that have since changed over time.
Essentially, annexation and disannexation places water areas or submerged lands inside city
limits and land for development in Industrial District No. 1. Several areas along the
shoreline have eroded since the 1950 and 1969 annexations. These submerged lands,
totaling 6.635 acres, were annexed by Ordinance 028283 with an effective date of
September 1, 2009.
• Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the
subject property for water uses; therefore, the proposed "R-1B" One - family Dwelling
District is consistent with the City's Comprehensive Plan.
Plat Status:
The subject property is not platted.
Planning Commission and Staff Recommendation:
Planning Commission and Staff recommended approval of the Applicant's request to designate
newly annexed submerged land along the south shoreline of Nueces Bay to the "R-1B" One -
family Dwelling District consistent with annexation Ordinance 028283.
City Council Zoning Report
Case #:0610 -05, City of Corpus Christi
Page 3
Number of Notices Mailed Total — 2 within 200 foot notification area; 1 outside notification area
As of September 8, 2010
Favor
Opposition
— 0 (inside notification area); 0 (outside notification area)
— 0 (inside notification area); 0 (outside notification area)
Attachments: I. Existing Zoning, Notice area, Ownership
2. 2009 Annexation Map
3. Comments from Public Notices
4. Notice Mailing List
5. Ordinance 028283
EXHIBIT B
ANNEXATION OF SUBMERGED LANDS
ALONG SOUTHERN SHORELINE OF NUECES BAY
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COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0610 -05
Name: City of Corpus Christi
I. Notices returned from WITHIN the 200 -foot notification area:
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed:
Retumed undeliverable:
3
0
Favor: 0
Opposition: 0
II. Responses received from OUTSIDE the 200 -foot notification area:
Total number mailed: 1
Returned undeliverable: 0
Favor: 0
Opposition: 0
III. Responses received from owners /applicants of subject area:
Favor: 0
Opposition: 0
IV. Unsolicited responses received concerning subject area:
Total number mailed: 0
Returned undeliverable: 0
Favor: 0
Opposition: 0
1-1:1PLN- DIRISHAREDII. Planning Commission12010 PC120I0 Public Comments10610 -05 City of CC.doc
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CORPUS CHRISTI TX
7002 E NAVIGATION BLVD
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Paget of 4
ORDINANCE ° 2 8 2 8 3 f' rr .
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ANNEXING APPROXIMATELY FIVE TRACTS, /= ' WIN 0 ,,11
APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND OWNED , _ . ��._� j
THE PORT OF CORPUS CHRISTI AUTHORITY ADJACEN TO rHFu;`y ' ' ''{
CITY LIMITS ALONG THE SOUTHERN SHORELINE OF NUDES c �zx
THAT LIE BETWEEN THE CURRENT CITY LIMIT LINE A THE ,,.
NUECES BAY SHORELINE; PROVIDING THAT THE OWNER ,' ,,
INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, A
BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE
CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY
THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES;
PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE
CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERGENCY.
WHEREAS, with the exception of the area adjacent to the Nueces Bay Power Plant, the
City of Corpus Christi desires to set its boundary along the southern shoreline of
Nueces Bay, and to ensure that the shoreline shifts with normal accretion and erosion of
the shoreline;
WHEREAS, portions of the city limit line along the shoreline have remained static and
has not shifted with accretion and erosion, which has resulted in some submerged lands
not being within the City and some uplands that should be in the City's industrial district
being within the City limits;
WHEREAS, the Port of Corpus Christi Authority has petitioned the City to adjust its
boundaries along the southern shoreline of Nueces Bay by annexing submerged lands
between the current city limits and the shoreline within the areas patented to the Port of
Corpus Christi Authority by the State of Texas, under the authority of Section 43.028,
Texas Local Government Code;
WHEREAS, the City of Corpus Christi desires to annex approximately five tracts,
totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus
Christi Authority, adjacent to the city limits along the southern shoreline of Nueces Bay,
that lie between the current city limit line and the Nueces Bay shoreline, to the City of
Corpus Christi;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus
Christi;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed abuts and is contiguous anddldjacent to the City of Corpus Christi;
Page 2 of 4
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed constitutes lands and territories subject to annexation as provided by the
City Charter of the City of Corpus Christi and the laws of the State of Texas; and
WHEREAS, it has been determined that it would be advantageous to the City and to its
citizens and in the public interest to annex the lands and territory described in this
ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That approximately five tracts of submerged land, with approximately
6.635 acres, more or less, out of the submerged lands patented to the Port of Corpus
Christi Authority, as the successor of the Nueces County Navigation District, No. 1, by
the State of Texas, under the following patents issued by the State of Texas: Patent
No. 84, issued on May 7, 1936, recorded in Volume 47A; Patent No. 381, issued on
October 22, 1947, recorded in Volume 7 -B; and Patent No. 446, issued on January 9,
1956, are annexed to, brought within the corporate limits, and made an integral part of
the City of Corpus Christi. The tracts of submerged land being annexed are those
submerged lands, which are owned by the Port of Corpus Christi Authority, that are
between the current City limits and the current low water line along the southern shore
of Nueces Bay. The relocated City limits line is described in Exhibit A of this ordinance,
which is attached to and incorporated into this ordinance. The approximate location of
the tracts of submerged land are shown on the map in Exhibit B of this ordinance, which
is attached to and incorporated into this ordinance.
SECTION 2. The southern shoreline of Nueces Bay remains the City's corporate limits
notwithstanding any changes to the physical location of the shoreline caused by the
natural accretion or erosion of the shoreline.
SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed
by this ordinance are entitled to all the rights, privileges, and burdens of other citizens
and property owners of the City of Corpus Christi, and are subject to and bound by the
City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions,
laws, rules and regulations of the City of Corpus Christi and to all intents and purposes
as the present owners and inhabitants of the City of Corpus Christi are subject.
SECTION 4. That the official map and boundaries of the City and its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this ordinance as part of the City of Corpus Christi, Texas.
SECTION 5. That the City Manager or his designee is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extra territorial jurisdiction to add the territory annexed as required by law.
SECTION 6. if for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of the ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdictigr24t shall not affect any other section,
Page 3 of 4
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 7. This ordinance goes into effect at 12:01 a.m., September 1, 2009.
SECTION S. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council (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 August, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: August 19th, 2009
R.l y,leining/
First Assistant ity Attorney
For City Attorney
Joe Adame
Mayor
Page4of4
Corpus Christi, Texas
day of August, 2009
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,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
- 74-
EFFECTIVE DATE
301bLiMq
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
June 23, 2010
5:30 P.M.
COMMISSIONERS:
Rudy Garza, Chairman
Javier Huerta,
Vice - Chairman *Arrived 5:45 p.m.
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evan J. Kelly Absent
Govind Nadkarni *Arrived 5;48 p.m
Mark Adame Absent
John Taylor
STAFF:
Johnny Perales, P.E., Assistant City Manager,
Engineering and Development Services
Faryce Goode Macon, Assistant Director of
Development Services/Planning
Andrew Dimas, City Planner
Robert Payne, AICP, Senior City Planner
Deborah Brown, Assistant City Attorney
EIena Juarez Buentello, Recording Secretary
Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a
ingles en la junta para ayudarle
CALL TO ORDER
A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m.
B. ZONING
1. New Zoning
c. Case No. 0610 -05 City of Corpus Christi: To consider zoning the
recently annexed properties to the "R -1B" One - family Dwelling District
The property to be zoned is approximately 5 tracts, totaling approximately
6.635 acres, of submerged land owned by the Port of Corpus Christi
Authority, along the southern shoreline of Nueces Bay
Mr. Dimas presented New Zoning item "c ", Case No. 0610 -05, stating the City is
requested the zoning of 5 submerged tracts as part of the annexation process to the "R -1B"
One - family Dwelling District. Mr. Dimas stated the "R -1B" District provides for single family
residential uses and public uses with a minimum lot size of 6,000 square feet, a 25 foot setback
from street frontage, a density of 7.26 units per acre and a minimum lot width of 50 feet. Mr.
Dimas stated staff recommends approval.
In response to Commissioner Tamez, Mrs. Goode Macon stated the Commission's
previous direction regarding submerged lands has been to zone to the "R -1B" One - family
Dwelling District.
In response to Commissioner Skrobarczyk, Mrs. Goode Macon stated common zoning
practice is to downsize previously submerged land to keep the land in a holding pattern until a
time when there are definite plans for the land and a change of zoning can take place.
In response to Commissioner Skrobarczyk, Mr. Dimas stated the City acquired the lands
through accretion and these lands fall within the City limits.
Planning Commission Minutes
June 23, 2010
Page 2
Public hearing was opened. No one came forward in favor or opposition. Public hearing
was closed.
Motion to approve the applicant's request was made by Vice -Chair Huerta and seconded
by Commissioner Martinez. Motion passed unanimously with Commissioners Kelly and
Adame being absent.
Page 1 of 3`
ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING
MAP TO ESTABLISH A ZONING DISTRICT FOR APPROXIMATELY 5
TRACTS OF NEWLY ANNEXED SUBMERGED LAND (ANNEXATION
ORDINANCE NO. 028283), TOTALING 6.635 ACRES, OWNED BY THE
PORT OF CORPUS CHRISTI AUTHORITY, ALONG THE SOUTHERN
SHORELINE OF NUECES BAY, AS "R-1B" ONE - FAMILY DWELLING
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of the City of Corpus Christi, 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,
June 23, 2010, during a meeting of the Planning Commission, and on Tuesday,
September 21, 2010, 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 establishing a zoning district for approximately 5 tracts, of newly annexed
submerged land (Annexation Ordinance No. 028283, attached as Exhibit. " "A "), totaling
6.635 acres, owned by the Port of Corpus Christi Authority, along the southern shoreline
of Nueces Bay, as "R-1B" One - Family Dwelling District. (See Exhibits "B", "C" and "D"
for Maps of Tracts 1 -5)
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.
H: 1LEG- DIR1SharedlLEGAL- DEV.SVCS12010 Agenda19- 211CASE NO. 0610 -05 CITY OF CCIORD.City of C.C.. Recently Anexed to
R -1 BZoning.doc —7 7 —
Page 2of3
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 day of , 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor, City of Corpus Christi
APPROVED: September 13, 2010
eborah Walther Br
Assistant City Attorney
For City Attorney
H: 1LEG- DIR1Shared1LEGAL- DEV.SVCS12010 Agenda19- 211CASE NO. 0610-05 CITY OF CCIORD.City of C.C.. Recently Anexed to
R -1 BZoning.doc
—78—
Page 3of3-
Corpus Christi, Texas
day of , 2010
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
H: ILEG- DIR1SharedlLEGAL- DEV.SVCS12010 Agenda19- 211CASE NO. 0610 -05 CITY OF CCIORD.City of C.C.. Recently Anexed to
R -1 BZoning.doc -79-
ORDINANCE 02. 82 83
ANNEXING APPROXIMATELY :WE 11A004.
.APpRoximATELy 6035 ACRES, OF SUBMERGED LANI
THE 'pow OF CORPUS .9HANITt:AVTHoRoy ADJ
CITY LIMITS ALONG THE SOUTHERN SHORELINE OF
THAT BETWEEN THE CURRENT :Cirt LIMIT LINA:
NUECES BAY sHmegNE, PROVIDING THAT THE. OWNER
INHABITANTS ARE:ENTITLE:I TO ALL RIGHTS, PRIKEGEB*
BURDENS OF OTHER OMENS AND PROPERTY OWNERS OF THE
CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY
THE CITY CHARTER) ORDINANCES) .RESOLUTIONS, AND RULES,
PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE
CITY OF iCORPUS CHRISTI; PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE DATE; • PROviOINO- FOR PUBLICATION;
AND DECLARING AN EMERGENCY.:
Page 1' of •
WHEREAS;Vith the exception of the area adjacent t6 the Ntteceo Bet power Plant, the
City of orput Christi desires to set b boundary along the southern shoreline .of
Nimes Bey, and to ensure,thatthe shoreline shiftwwititnormal,ascretioriand erosion of
theshOtelloot
wHEREAsrpodION of the city *nit Iffle along the Shoreline have remained static and
has Shifted With accretion and erosion, which has resulted Mime submerged-lends
nottolop withiittho:Olty and sotrie uplands that should be in the cites industrial district
WHEREAS, the Port of Corpus chrittyAothotity.bee petitioned the city to adjust its
bounilattegfatopg the toutstri. shoreline of Nueces Bay by annexing submerged lands
between the .current city limttaand the shoreline within the areas patented to the Port of
Corpus .Christi Authority by (he Mate -of Texas, under the authorityof Section 4028,
Texas Local Government : Gode;
WHEREAS, the City of Corpus christi: desires to ono iipproXimatelyliVeiracts,
totaling approximately 6.635 acres, of submerged land owned byte Port of Corpus
Christi:Authority,: adjacent to:the.oity:liMittatong the southern shoreline of Nueces Bay,
that Ile between the current city limit line .and the Nuecas Bay shoreline, to the City of
Corpus Christ
WHEREAS, it has been by the City Council tette territory now proposed
to be annexed Iiet-Wholly within the .extratertitottai jurisdiction of the City of Corpus
WHEREAS, it has been determined by the City Council thatthe territory now proposed
to be annexed abuts and is contiguous and adjacent to the City of Corpus Chtistl;
EXHIBIT "A"
—80-
Page of 4
MIER-EA% it has been detemlined by the. cIty Council 'that thelerritory now proposer)
o be Annexed constltutes tandsand territories subjeCt to annexation as provided byte
cti Charter ate Pity oMerpos Christi and the lawS Odle Stets Of-Titait4 and
WHERE.Ak it 1100 .been determined that It would be advantageous to the City and to its
Citizens aniiirt:the'pliblic interest to annex the ands and territory described In lhis
ordinance,
NOW THEREFORE, SE.IT ORDAINED BY THE CITY COUNCIL OF THE CJTY OF
CORPUS CHRIST4 TEXAS
SECTION 1. That approximately five tracts of.subitiergedlant4 with approxirnately
8.036 acres, more or leas, out of the gibinerged lends patented lo the Port of 'Corpus
Christi' Authority; asithe Successor ofthe Nutic-esCounty-filavigatIon Ottitllot
the State or Texas, under the f011owing::potentaissued.Ofthe State orTexasl Patent
No. 84, Issued on Mey-7, 19364 recorded in Volon*.47Aoiatent No. 381, issued on
October 2Z 1947, redorded'in-VolliMe 7-B; and Patent No. 44B lamed on January 9.
I 966, are annexed to, brought within the corporate limits, and made integral: pertd
the Pity of Corpus Christi. The tracts of *billeted land beInglanneXed are those
submerged iand% which are-oWned *the Port of Corpus Ovid Authority, that :are
between the current city limits and:the:current low water line along the southern Shore
of Nueoes.filay.: The relocated _City Dolts jina::jsdeecited in EXhibit-A,tifthis ordlitancet_
which is attached to and .Incorporated into this,otdinance, The approximate: location of
the tracts 01 stitioxstiortjand are Anton on the map in EXhibit:1:1 &this ordinance) 01011
is attached to and Incorporated Into 'this ordinance:
SECTION 2. The wuthermishoraline. of *faces Bay. *0100)0 City's corporate:limits
notwithstanding any changes to OW00 lonatiOn.of the shoreline caused by the
natural. accretion- Or erosion Of the shoreline.
SECTION 3. That the 'OW/WS-and inhabitarits.of the tracts or parcels ofland ahrteXE4
by this ordinance are entitled to all the righta, privileges) and burdens anther Citizens
and property owners of the city of Corpus !Christi, : and are Subject to and hound by the
City 01040i-of the City of Corpus ChrIst, andihe ordinances,: nasolutIonst motions,
rtgas and MauiOjos of City of Corputehrigisand toallintenteand purposes
as the present owners and inhabitants ofthe City of Corpus Christi :ere subject.
SECTION 4. That the official map and :boundarlea,Of the City and Its eXtreteivitorlal
jurisdiction, preViously:adopted and mended? are .amended to include thelereitorias
described in this ordinance as part of the City Corpus Christi, Texas.
SECTION 0,4 That the coy."Mapager or his designeels.directect and authorized 10
perform or cause to be,peiformed all acts necessary to :correct the official map of the
City and its extra territorial Jurisdiction to add the terr.itOty annexed as required by law.
SECTION. S. if for any reason any section, parag00,,AutiliviOorll clause phrase,
word or .provisiori of the ordinance shell be held invalid or by final
judgmark of a court of cornpetent jurisdiction, it shall riot affect any other section,
- 8 1 -
;Page3.0 4
ParagraPh•osubavisiom clause, phrase, word or provIsIon of :th18- ordinance for it Is
degnite :Intent Otis: Oitytounck that every sectlon, paragraph, Subdkialon, :dams%
ptwase, word Of proviaion'hereof be given fuJi force encteffect for Its purpose.
agerpkil. This ottiltime gm. Into offeet at 12:01 Septentarl,1009.
SECTION 8. Publication shag be made in the official putjkationof the:City of PdrPus
Chnaffae. requkedbylheibity Charter 0f-the City of torput.Christl
SECTION 9. That upon written requesrof the Mayor or five Council mernbers,,o*OY
attached, the City. finds and declares an ernergeOPY due to the need for
frornediate action necessary fOt:taidOient and effeativeladmintstration of City •affetrs
and (g) suspends the Chaderirde that requites -consideration of and voting upon
ordinances at Moityragaler meetings ser'lhatihis• &Oilers* 18 passed takes effect
upon firstreactin4 as an emergency Me-000M on this the . :day of August 2009. .
ATTEST', • 'CITY -Of CORPUS CHRISTI
Armando Chaaa
City Secrete)/
APPROVED; August 19th, 2009
t Assistant ity Attorney
For City Attorney
Joe:Mame
Mayor
page :4 of 4
Corp Pa ChtIstL Texas,
day of August, 2009
DO THE imEmaggs OF THE MY COUNCIL
Corot Chtlitli TOM.
FOr the reasons set forth in the ernergency claustof the foregoing ordnance an
emergency exists requiring suspension of the -Charter rtileaslo consideration and
Ming itpdii ordinances ati*OlegOiat meetings. tereforei. request tat WO
suspend sad Charter:rule and pass _this ordinance finally on the date it is Introduced, or
oaf resent meeting orthe City Council.
Respectftilly, RespectfUlly
4o�
•Mayor
The above ordinance was passed by the following vote:
Joe Menlo:
ChS Adler
Brerit Chesney
Larry R. Elizondo, Sr,
Xevin KiesChnick
•john E. Morel
Nelda Martinez
Mark Scott
—83—
emenVE DATE
SUBJECT
PROPERTY
400 800
01,ttitID
Pram »d By: Si-7R
Demurer orOna'aproErnStrweea
EXHIBIT "B"
PLANNING COMMISSION &
STAFF RECOMMENDATION
From: Recently Annexed
To: "R-1B"
ORDINANCE NO.
. -8
SUBJECT
PROPERTY-
W. RsTR
CASE: 0610 -05
ANNEXA TION
TRA GT 2 (0.39 AC), TRACT 3 (2.56 AC)
EXHIBIT "C"
PLANNING COMMISSION &
STAFF RECOMMENDATION
From: Recently Annexed
To: "R -9 B!'
SUBJECT
PROPERTY
R. I E
Prepend ay: WM
Deparcrast u O.rr(oxisr mars rvices
CASE: 0610-05
ANNEXATION
TRACT 4 (Z72 AC), TRACT 5 (0.95 AC
EXHIBIT "D"
PLANNING COMMISSION
STAFF RECOMMENDATION
7
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
September 21, 2010
First reading ordinance amending Chapter 14 "DEVELOPMENT SERVICES," Article XIII, "DEVELOPMENT
SERVICE FEES ", Division 4, "PLATTING ORDINANCE FEES ", Section 14 -1341, Platting ordinance fees ",
and Chapter 55, "UTILITIES ", Article V, "TAPS AND CONNECTIONS ", Section 55 -70, "Adoption of rules,
regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City
of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees; and providing for
severance.
ISSUE: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that
various development fees and charges be annually indexed to the Construction Cost Index published in
Engineering News Record magazine.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
/A/:
Juan Perales(Jr., P.E.
Assistant City Manager
Engineering & Development Services
JohnnyP @cctexas.com
(381) 826 -3828
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
H:1PLN- DIRISPECIAL SERVICES1PLATSICOUNCIL MEMOSIDSD FEE INCREASES CONSTRUCTION 1NDEX.2010.000NCIL AGENDA MEMO.DOC
-89-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various
development fees and charges be annually adjusted to reflect the corresponding change in the Construction
Cost Index published in the Engineering News Record magazine. This cost index factor is a composite nation
wide factor based on detailed construction cost surveys for 20 major cities throughout the United States. The
published annual change in the composite construction cost index for August, 2010 is +3.4 %. Components of
this cost index increase from August, 2009 to August, 2010, include +3.2% for construction labor and +2.3%
for construction materials.
EXHIBIT A
H:IPLN- DIRISPECIAL SERVICESIPLATSICOUNCIL MEMOSIDSD FEE INCREASES CONSTRUCTION INDEX.2010,000NCIL AGENDA MEMO.BKGRND INFO.DOC
Page 1 of 7
AN ORDINANCE
AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII
"DEVELOPMENT SERVICE FEES" DIVISION 4 "PLATTING
ORDINANCE FEES," SECTION 14 -1341 "PLATTING ORDINANCE
FEES," AND CHAPTER 55 "UTILITIES," ARTICLE V "TAPS AND
CONNECTIONS," SECTION 55 -70 "ADOPTION OF RULES,
REGULATIONS AND WATER AND GAS FEES," AND SECTION 55 -71
"SEWER TAPPING FEES" OF THE CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED
TO PLATTING FEES AND TAP FEES; PROVIDING FOR SEVERANCE
AND PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 14 "Development Services," Article XIII "Development Services
Fees," Division 4 "Platting Ordinance Fees," Section 14 -1341 "Platting ordinance fees"
of the Code of Ordinances is amended to read as follows:
Sec. 14 -1341. Platting ordinance fees.
This division sets the amounts of the fees required by the platting ordinance.
TABLE INSET:
PLATTING ORDINANCE FEES
AMOUNT OF FEE
Platting application
Type l or IA < 1 acre
$171.00
Type I or IA 1 >= 5 acres
$341.00
Type I or IA > 5 acres
$554.00
Type II or IIA < 1 acre
$512.00
Type II or IIA 1 >= 5 acres
$792.00
Type II or IIA > 5 acres
$896.00
Type III or IIIA < 1 acre
$685.00
Type III or IIIA 1 >= 5 acres
$685.00
Type III or IIIA > 5 acres
$685.00
Application to extend a plat
$38.00
Application to plat single lot subdivision by Engineering
Services
$60.00
Deposit for review of deed or surveyor field notes
$50.00
H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS12010 Agenda19- 21 \Development Fees\DSD Fee Increases Construction
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Page 2of7
H:1 LEG- DIRISharedlLEGAL- DEV.SVCS12010 Agendal9- 21 \Development Fees1DSD Fee Increases Construction
index.2010.Ordinance.DWB Final.doc
Hardship variance application fee
$160.00
Platting appeal application fee
$50.00
Participation agreement
$610.00
Deferment agreement fee
$1,087.00
Utility easement by separate instrument fee
$249.00
Infrastructure trust fund lot & acreage fees
Lot fee for water infrastructure
$338.00 349.00
Acreage fee for water infrastructure
$ 4.00 1.400.00
Surcharge for water infrastructure
$0.00
Lot fee for water infrastructure for single- family or duplex
$171.00 177.00
Acreage fee for water infrastructure for single - family or
duplex
$0 699.00
Surcharge for water infrastructure for single- family or duplex
$22 236.00
Water distribution line front foot pro rata fee
$9.90 10.24
PIIC water tap fee
$480.00
PIIC lot fee for water infrastructure
$480.00
PIIC acreage fee for water infrastructure
$1,200.00
Lot fee for wastewater infrastructure
$369:08 382.00
Acreage fee for wastewater infrastructure
$4478:00 1,528.00
Surcharge for wastewater infrastructure
$260.00 269.00
Collection line front foot pro rata fee
$11.16 11.85
Lot fee for storm water infrastructure
$0.00
Acreage fee for storm water infrastructure
$0.00
Surcharge for storm water infrastructure
$0.00
Front foot pro rata charge
$0.00
Request for lot/acreage fee exemption determination
$60.00
Reimbursement agreement
$535.00
Recording fees
City's actual costs
H:1 LEG- DIRISharedlLEGAL- DEV.SVCS12010 Agendal9- 21 \Development Fees1DSD Fee Increases Construction
index.2010.Ordinance.DWB Final.doc
Page 3 of 7
SECTION 2. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70
"Adoption of rules, regulations, and water and gas fees," of the Code of Ordinances is
amended to read as follows:
Sec. 55 -70. Adoption of rules, regulations, and water and gas fees.
The rules and regulations concerning the control, operation and
administration of utility taps or services connections of water, gas and
sewer utilities owned by the city and the regulations prescribing fees for
utility taps or service connections are hereby adopted and approved as
follows:
(5) Fee schedule, gas:
(a) Inside city limits:
TABLE INSET:
Gas -- Residential, 1 and 2- family dwelling
$100.00
$100.00
Commercial up to two inch in size
300.00
300.00
Commercial larger than two inch in size
Special*
Special*
Loops
10.00
Meter moves
50.00
*To be determined by Gas Division at the time of the
(b) Outside city limits:
TABLE INSET:
request
-41
iv
vg; si,111Ka0-1
Gas—Residential, 1 and 2- family dwelling
$100.00
$100.00
Commercial up to two inch in size
300.00
300.00
Commercial larger than two inch in size
Special*
Special*
Loops
10.00
Meter moves
50.00
*To be determined by Gas Division at the time of the request
FI:I LEG- DIR1Shared \LEGAL- DEV.SVCS12010 Agenda19- 211Development FeesIDSD Fee Increases Construction
Index.2010.Ordinance.DWB Final.doc —93—
Page 4 of 7
(9) Fee schedule, water:
(a) Inside city limits:
TABLE INSET:
5/8 inch x 3/4 inch
$520.73
$432.73
3/4 inch
$534.73
$446.73
1 inch
$679.14
$591.14
Over 1 inch
Special*
Special*
Loops *, minimum
$212.00 $250.00
$24240 $250.00
Meter moves *, minimum
$5840 $60.00
$540 $60.00
*Denotes costs to be specified by the director of water utilities based on circumstances:
(b) Fees inside the city limits in subdivision in which the developer has
installed the service lines when the subdivision was constructed.
TABLE INSET:
I Rib:
�sG
c a.
zx�
5/8 inch x 3/4 inch
$160.65
3/4 inch
$174.65
1 inch
$217.30
(c) Outside city limits:
TABLE INSET:
518 inch x 3/4 inch
$722.73
$561.73
3/4 inch
$740.73
$576.73
1 inch
$968.14
$769.14
Over 1 inch Special*
Special*
Special*
H: ILEG- DIR \SharedlLEGAL- DEV.SVCS12010 Agenda19- 211Development FeesIDSD Fee Increases Construction
Index.2010.Ordinance.DWB Final.doc
—94—
Page5of7
Loops *, minimum
$32.09
$374.00
$381.40
$374.00
Meter moves *, minimum
$8640
$89.00
$88.00
$89.00
*Denotes costs to be specified by the director of water utilities based on circumstances.
(d) Fees outside the city limits in subdivision in which the developer has
installed the service lines when the subdivision was constructed.
TABLE INSET:
0'5
it '`..fg"
5/8 inch x 3/4 inch
$160.65
3/4 inch
$174.65
1 inch
$217.30
SECTION 3. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -71
"Sewer tapping fees," of the Code of Ordinances is amended to read as follows:
Sec. 55 -71. Sewer tapping fees.
(b) House service line tap charge:
(2) House sewer connections to be constructed in easements
shall be charged at a rate of eight hundred twenty-ene forty -nine
dollars ($82 -:A9 849.00) except as otherwise herein provided.
(3) House service connections to be constructed in streets shall
be charged at a rate of one thousand three hundred three forty -
seven dollars ($1,303,001.347.00) except as otherwise herein
provided.
(5) For sewers in streets of new subdivisions in which house
services are already installed to the property line and where final
connection is to be made by a plumber, a fee of one hundred fear
eight dollars ($x-0400108.00). This fee is to cover the cost of
recording and inspecting the sewer tap.
* * *
H: ILEG- DIRISharedlLEGAL- DEV.SVCS12010 Agenda19 -211 Development Fees DSD Fee Increases Construction
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_95_
Page 6 of 7
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.
H: ILEG- DIRISharedILEGAL- DEV.SVCS12010 Agenda19- 211Development Fees\DSD Fee Increases Construction
Index.2010.Ordinance.DWB Final.doc
- 9 6-
Page 7 of 7
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2010, by the following vote:
Joe Adame Priscilla G. Leal
Chris Adler John E. Marez
Brent Chesney Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Kevin Kieschnick
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2010, by the following vote:
Joe Adame Priscilla G. Leal
Chris Adler John E. Marez
Brent Chesney Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Kevin Kieschnick
APPROVED AND PASSED on this day of , 2010.
ATTEST:
Armando Chapa, City Secretary Joe Adame, Mayor
APPROVED: This 14th day of September, 2010
eborah W.
Assistant to `''" Attorney
For City Attorney
H: ILEG- DIRISHAREDILEGAL- DEV.SVCSI2010 AGENDAI9- 211DEVELOPMENT FEESIDSD FEE INCREASES CONSTRUCTION INDEX2010.ORDINANCE.DW9
FINAL.DOC
_91_
8
AGENDA MEMORANDUM
September 21, 2010
SUBJECT: Corpus Christi International Airport Terminal Building Rehabilitation
(Project No. E09046)
AGENDA ITEM:
a. Ordinance Appr opriating $2,802,051 from the Federal Aviation Administration Grant
No. 3 -48 -0051- 046 -2010 in the No. 3020 Airport Capital Improvement Fund to
rehabilitate Terminal Building, and declaring an emergency.
b. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of
$3,231,000.00 for the Corpus Christi International Airport Terminal Building
Rehabilitation project for Base Bid only for the expansion of the Federal Inspection
Services (FIS) area to increase the screening capacity of Customs and Border
Protection, Subject to Appropriation.
ISSUES:
• Council must appropriate grant funds before they may expended.
• Council must authorize the execution of the contracts in excess of $50,000.00. The
construction of the facility will provide the Federal facilities required to support and
accommodate international flights.
FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds
upon appropriation.
RECOMMFNI]ATIOW Annrnval of the motions as presented.
Fred Segundo
Director of Aviation
361- 289 -0171 ext. 1213
freds(cctexas.com
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit A -1 Previous Actions
Exhibit B. Bid Tabulation
Exhibit C. Budget
Exhibit D. Location Map
Pete Anaya, P.E.
Director of Engineering Services
361 - 826 -3781
petean@cctexas.com
H:1H0M E \KEV I NSIGEN IAIR_restored120091mproveme nts1E0904STerm in alRehabi litation &FI S1AwdConstrMema.doc
—101—
Page 1 of 1
BACKGROUND INFORMATION
SUBJECT: Corpus Christi International Airport Terminal Building Rehabilitation (Project
No. E09046)
PROJECT DESCRIPTION:
The project provides for the renovation and enlargement of the existing Terminal
Building Federal Inspection Services facilities. The existing station currently processes
approximately 50 persons per hour through Customs and Border Protection. The
renovated facility will allow the processing of between 200 and 250 persons per hour.
This is being achieved by:
• Increasing the number of processing stations;
• Increasing the size of the Arrivals Primary Processing Area;
• Improving the baggage claim facilities; and
• Increasing the size of the secondary bag screening area.
GRANT:
The City has received an offer for FAA Grant # 3- 48- 0051 -46 -2010 in the amount of
$2,802,051 for the rehabilitation of the Terminal Building to allow the re- configuration of
the FIS Facility This grant will fund 95% of the project(s) cost with the Airport providing
the 5% match. Appropriation of the grant proceeds is necessary to proceed with the
project.
BID STRUCTURE:
The project was bid as a base bid with five additive alternates consisting of the:
• Base Bid;
• Additive Alternate No, 1 — two color tile pattern in lieu of one color tile;
• Additive Alternate No. 2 — curvilinear acoustical ceiling pattern;
• Additive Alternate No. 3 - wall art and acrylic panes at baggage claim area;
• Additive Alternate No. 4 — perforated metal panels in two corridors; and
• Additive Alternate No. 5 — mosaic tile wall art at curved exit corridor.
BID INFORMATION:
Bids from five (5) firms were received, and publicly opened on Wednesday, August 11,
2010. The total of the base bids ranged between $2,999,700.00 and $3,473,040.00.
The bids for the Base Bid with Alternates 1 through 5 ranged from $2,967.535.00 to
$3,581,061.00. The consultant's opinion of probable cost was $2,967,535.00. See
Exhibit B.
The two apparent low bids (base bid only) were submitted by Teal Construction, Inc. of
Corpus Christi, Texas and FultonlCoastcon, Joint Venture of Corpus Christi, Texas.
During the bid review process, both firms withdrew their bids due to a material error in
the failure to include the required security and closed circuit television systems. Bidders
are permitted by Texas Common Law to withdraw their bids in the event of a material
Exhibit A
nn _ Page 1 of 2
11: 1H NI
DMMICEVINSIGEAIR_ restored120091mprovements1E0912 minalRehabilitation &RMAwdConstrBkgExhA.doc
error. The next low bidder, KJM Commercial of Corpus Christi, failed to sign their
proposal, which makes the proposal non-responsive, and does not represent a bona -
fide offer.
The number four proposal by Barcom Commercial, Inc. of Corpus Christi, Texas was
determined to be complete and qualified. The FAA found their price proposal to be
acceptable and has requested the City to expedite the award of the contract. FAA will
provide 95% of the funding for the project.
FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP
funds. The grant process is complete, but the funds must be appropriated by Council.
The project budget is attached. See Exhibit C.
TIME OF COMPLETION: The contract provides for the work to be complete within 180
calendar days of notice to proceed.
BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and
recommends approval.
RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed
the bids and recommend award of the Base Bid to Barcom Commercial, Inc. of Corpus
Christi. They are an established local contractor that has been in business for many
years and successfully completed many commercial and City projects.
FUTURE COUNCIL ACTION:
A proposal for the required engineering materials inspection, testing and laboratory
services contract is in preparation. Council will be requested to authorize the execution
of the contract if required.
Council will be requested to authorize any change orders as may be required.
Exhibit A
_ n — Page 2 of 2
HA HOMEIKEVIN51GEN1AIR _restored120091mprovements1E09 4 erminalRehabilitation &FIS1AwdConstrBkgExhA.doc
PREVIOUS ACTIONS
PRIOR COUNCIL ACTIONS:
October 13, 2009 — Motion authorizing the City Manager, or his designee, to execute a
professional engineering services contract with Jacobs Engineering Group, Inc. of Ft.
Worth, Texas in an amount not to exceed $75,400.00 for the Corpus Christi
International Airport Terminal Rehabilitation Conceptual Phase Services, Task 2 Airfield
Perimeter Road Rehabilitation, and Task 3 Airfield Terminal Apron Rehabilitation
Projects with Task Orders 2 and 3 subject to (1) FAA funding; (2) City Council
acceptance and ordinance appropriating the funds, and (3) Motion to authorize City
Manager or his designee to execute an amendment to the Agreement to authorize the
fees for Task Orders 2 & 3 (Motion No. 2009 -289).
December 15, 2009 — Ordinance adopting the FY2010 Capital Budget and Capital
Improvement Guide (Ordinance No. 028449).
February 16. 2010 - Motion authorizing the City Manager, or his designee, to execute a
professional architectural /engineering services contract Amendment No. 1 with Jacobs
Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $662,976.50 for
a restated not to exceed fee of $738,376.50 for the Corpus Christi International Airport:
• Task Order 4 — Terminal Rehabilitation Design through Construction Phase
Services - Federal Inspection Station Facility Renovation /Expansion,
• Task Order 5 — Wildlife Hazard Analysis and
• Task Order 6 — Electrical Tunnel Structural Integrity Investigation Motion No.
2010 -036).
PRIOR ADMINISTRATIVE ACTIONS:
June 17, 2009 — Release of Request For Qualifications (RFQ) No. 2009 -06 for Selection
of Planning and Architect/Engineering Services for Corpus Christi International Airport in
compliance with FAA Regulations for selection of consultant services.
Exhibit A -1
Page 1 of 1
H:IHOMEIKEVINSIGENIAIR_ restored 120091mprovements1E09046Term inalRehabi litation& FISIAwdConstrPriorActionsExhA -1.doc
—104 --
BID TABLUATION - BID SUMMARY
REHABILITATE TERMINAL BUILDING
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BID OPENING DATE: AUGUST 11, 2010
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$3,231,000.00
$3,195,000.00
$3,175,000.00
$2,999,700.00
$2,853,575.00
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ADD ALTERNATE NO. 4
ADD ALTERNATE NO. 5
$3,581,061.00
$3,304,888.00
$3,291,450.00
$3,296,300.00
$3,107,119.00
TOTAL BASE BID, ADD ALT. 1 THROUGH ADD ALT. 5 $2,967,535.00
Bids Withdrawn Due to Material Error
Airport Terminal Building Rehabilitation (Project No. E09046)
Preliminary Project Budget
September 21, 2009
FUNDS AVAILABLE:
Aviation CIP FAA Grant Funds $3,892,370.82
Airport Capital Reserve CiP Fund $ 432,485.68
Total $4,324,856.50
FUNDS REQUIRED:
Construction Contract $3,231,000.00
Project Contingency (5 %) $ 161,550.00
QA/QC Testing Contract (Estimated) $ 50,000.00
Engineering Design $ 738,376.50
Geotechnical Investigation $ 0.00
Construction Inspection (3 %) $ 96,930.00
Survey (N.A) $ _0_
Engineering Project Liaison $ 28,000.00
Printing $ 8,000.00
Advertising $ 6,000.00
Miscellaneous $ 5,004.00
TOTAL $4,324,856.50
EXHIBIT "C"
Page 1 of 1
H:WOMEIKEVINSIGENIAIR_ estored120091mprovementslE 09046TermfinalRehabililation&FIS AwdConstrBudgetExhC.doc
—106—
File : \ Mproject \councilexhibits\exh09046b.dwg
F.M• 624
COR "US
CHRISTI
BAY
M GLOW RD.
s
LOCATION MAP
NOT TO SCALE
HWY 44
AGNES PD.
BOCKHOLT RD
CORPUS CHRISTI
/INTERNATIONAL ■-,
\AIRPORTS
K \
PROJECT SITE
CCIA Terminal Building
BEAR LANE
MCGLOIN ROAD
I /
SITE LOCATION
NOT TO SCALE
PROJECT # E09046
EXHIBIT "D"
Corpus Christi International Airport
Terminal Building Rehabilitation
107
1
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 09 -21 -2010
ilkesourolro
AN ORDINANCE
APPROPRIATING $Z802,051 FROM THE FEDERAL AVIATION
ADMINISTRATION FOR GRANT NO. 3 -48 -0051 -046 -2010 IN THE NO.
3020 AIRPORT CAPITAL IMPROVEMENT FUND TO MODIFY THE
TERMINAL BUILDING; CHANGING THE FY2009 -10 CAPITAL
IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 028449 TO
INCREASE APPROPRIATIONS BY $2,802,051; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Funding in the amount of $2,802,051 from the Federal Aviation
Administration for Grant No. 3 -48 -0051- 046 -2010 is appropriated in the No. 3020
Airport Capital Improvement Fund to modify the terminal building at the Corpus Christi
International Airport.
SECTION 2. The FY2009 -10 Capital Improvement Budget, adopted by Ordinance
No. 028449 on December 15, 2009, is changed to increase appropriations by
$2,802,051.
SECTION 3. 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
, 2010.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 7, 2010
Eliza./ R. Hundley
Assis - nt City Attorney
for the City Attorney
EHord3l6 •
—108—
CITY OF CORPUS CHRISTI
Joe Aflame
Mayor
Corpus Christi, Texas
day of , 2010
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,
Council Members
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
EHord31 6
—109—
NO ATTACHMENT FOR THIS ITEM