HomeMy WebLinkAbout12983 ORD - 01/14/19761kh:1- 13-76; 1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT APPLICA-
TION TO BE SUBMITTED TO THE CRIMINAL JUSTICE COUNCIL TO
PROVIDE THE CITY WITH A NIGHT AND WEEKEND MAGISTRATE
PROGRAM, FOR A TERM OF THREE YEARS, COMMENCING FEBRUARY 1,
1976, AND TERMINATING ON JANUARY 31, 1979, ALL AS MORE
FOLLY SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED E%HIBIT "A "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized to
execute Grant Application to be submitted to the Criminal Justice Council to
provide the City with a Night and Weekend Magistrate Program, for a term
of three years, commencing February 1, 1976, and terminating on January 31,
1979, at a total cost of $45,000, with the first year to cost $15,125, all
as more fully set forth in the Grant Application, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to authorize execution of the aforesaid
Grant Application at the earliest practicable date in order that the Night
and Weekend Magistrate Program may be commenced as soon as possible creates
a public emergency and an imperative public necessity requiring the suspen-
sion of the Charter rule that no ordinance or resolution shall be passed
finally on the date of its introduction but that such ordinance or resolution
shall be read at three several meetings of the City Council, and the Mayor
having declared such emergency and necessity to exist, and having requested
the suspension of the Charter rule and that this ordinance be passed finally
on the date of its introduction and take effect and be in full force and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
day of January, 1976.
ATTEST:
CW Secretary MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
AP
DAY OF J Y, 1976:
EXfc A%T City torn-"
12983
OS tYpe TO - - o va-
)MB N.. BU-t1UIIS`_'
M&LER SHEET for FEDERAL GRANT APPLICATION /AWARD NOTIFICATION ,
1. APPLICATION GATE
yr mq
1876 1
ITE OBE COMPLETED BY APPLICANT OR CLEARINGHOUSE DEPENDING UPON STATE PROCEDURES
2 FEDERAL EMRWR ID NO.
, 3. APP,Lr - Organlz4dcnal Unit - 4.
ADDRESS - Street or P.O. Box --
,;City of- Corpus:, Christi, texas
P. 0: Box 9277
_ 'r
e. COUNTY - 7.STATE
!
8. ZIP CODE.
B. PRO? NO. (Catalog of Fed Domeetle Aeslatenee)
:'.corpus Christi`?
uecea.
Tex
78408
"'75' - -D03
10. TYr E�OOF ACTION -
- TYPE OF CHANGE (Cornplane If 10b or 10c was checked) _. 74.
ta'
:..1e'❑otherscopa
E1C6TING FED GRAM ID
iu,�Nant'-c -0 Modm�tio
❑JnereaedDWleta -. :1 e' ❑Increased Duration -'
- -_
:ib ❑cominnet-
- - b.❑Decreased Dollar %- b ❑ Decreaeed.Duration - -b ❑Cancellation
" yr: 0
19. APPLICANT TYPE - --
FONDS REOUESTEDI Fora -,gw Sh -O.IVA c.fl -(-Jm OecFl.J
16, REPUESTED FUND START ' '19_.� 2 -
_ Enter Letmr
A. Stets = - F. School Dleulct -®
A. FEDERAL ( / $ 00
1 &FUIJOS DURATION �l�MOnths)
B.'.Jntererata -: G.- Cormnun{ty Action Agenc
21.SrATF - / )$ 15.125 .00
+T9
C. Sub State Obt - -H. Sponsored Organization
22 LOCAL ( /$ - .00
17: ES' . PROJECT START 7b -?
D. County,: 1: Indian
2.7. OTHER I ) $ - .00
18. PROJECT DURATION -' 36 - {Months)
E. City - ` -J. Other (Specify in R-1,14
24. TOTAL CW,27,22,23) ( ) $ 00
26. BR EF TITLE OF - -
- APPLICANTS'PROJECT -_ 'Night Court Magistrate. Project- -.
26: DE�cRIPTION- OF.APPLICANTS PROJECT (Purpose). - -.
PrD>iide the City of Corpus Christi a night magistrate program to enhance the criminal justice
system for hoth•the accused and society, A night magistrate will be employed to cover those
:hours not now covered Monday through'Friday. Four other magistrates will be contracted with
j
;for weekend- coverage. The City of :Corpus Christi has facilities and personnel available to
provide`-the additional space and clerical assistance needed for this program.
27: ARtA'OF PROJECT IMPACT (4ndlmta City. County. State, am)
IT "County
28. CCVGRESSIONAL DISTRICT.. -;- 29.
Erwlronmamal ASSeesment Requiretl
30. CLEARINGHOUSE IS) TO WHICH SUBMITTED
OI App7ic"mt Dlefrina 1 mpeotetl 8V 1'tojaet
BY Srate)Fadaral Agency? - Yea
i.aOSUM b Mree Wide eONone -- ..
1.a NAME OFCO TACT PERSON_ - - -.
-b ADDRESS- Stron- P.O.Box �
cTE LEPHONE NO.
3ttdge•;Dan Flynn:
_
904. N. Brownlee, Corpus Christi, Texas
882 -5446
ITEMS 3238 TO BE COMPLETED BY CLEARINGHOUSE
MULTIPLE
32.CL,EARINGHOUSE ID
❑ CLEARINGHOUSE
33, a 4CTI ON BASED ON
b ACTION TAKEN
133,
flIEVIEW OF
ry❑NotH{eation a
With Comment a ❑Watered
STATE APPLICATION
' IDENTIFIER (SRI)
Stara
❑Application b
❑ Without Comment d ❑ Unfavorable
Number
STATE WIDE
I County/ City
County/ City
County/ City
County/ C{ty County/
City
County/ City
38.CLFARINGHOUSE
Ping Area
Ping Area
Ping Area
Ping Area Pine
Are,
Ping Area
IMPACT CODE
❑ Yes ❑
No
36. STATE PLAN REQUIRED
RECEIVING DATE yr mo day
FINAL CLEARINGHOUSE ACTION DATE
No
137, 138.
AT CLEARINGHOUSE
19 - --
yr mo day
❑Yes
79_ --
ITEMS 39-42 TO BE COMPLETED BY APPLICANT BEFORE SENRING FORM TO FEDERAL AGENCY
39 C*tRTI FICAT4ON :_..The epWlCent certiflen Thai to the beet of hla knowledge erM belle} the ebave date are true end : -' :Check bo H no'cl- rhr9houxe . ❑
HUrq{of
"'i: -£' ,:.; mrreeL'entl -thistorm ha. been du1Y authotized by the govemlrg body of the apPllmnL -.__. received In30days
40. e; I'fAMEyPrMt ar Type) .;:: -.
bTITLE -. :,
cSIGNATUREo th IzadR dTELEPNONE
NUMBER
;j.Matyin Townsead
rTE
City:ger
$84 -3011 -
41LO TdAILED TD E.E.DERAL JS TATS AGENCY -: - yr. - iawy_,day ..
OF EEDE -RAL STATE AE -_ -
42. NAM GNC
- � L
- ,�'1B_LY.
TO WHICH THIS APPLICATION SUBM -
- _L
ITEMS 43 -64TO BE COMPLETED BY FEDERAL OFFICE EVALUATING AND RECOMMENDING ACTION ON THE APPLICATION
43. GRANT APPLICATION ID
52. Application Recd.
53.e Exp. Action Date
., 63.b Rat. to Applicant
;(Anigned by Federal Agency)
-yr mo day
yr mo daY
-
d{fAlwaya Compie'�
yr mo day
19
19 _
53.a OR b
p�._
19
44. G' ANTOR AGENCY
R
A..nd d APPIIc.
Rev. Expected
54. E.P. Action
R
S,b aquent Ret. to
' E
V
Received
E
V
Anion Data
As 1�
E
V
Applicant
45. O$GANIZATIONAL UNIT
I
yr mo day
$
yr mo day
yr mo day
$
yr ma day
)
19 -_-
) 79
- --
19___
(
19 - --
46. AIMINISTERING OFFICE
4
19 - --
N 19
-� --
19 - --
N
19 - --
-
$
19 --
$ 19
- --
79_ --
$
47. AQORESS - Street or P. O. Box
48. CITY
9. STATE
60. ZIP CODE
51. TELEPHONE NUMBER
ITEMS 5565 TO BE COMPLETED BY THE FEDERAL OFFICE APPROVING THE GRANT APPLICATION
FINAL ACTION FINAL DATES yr mo day
FUNDSAPPROVED[For Chargm Show On)yAmL of)ne.(t /or Dec.(-).]
SS.a i❑ Awarded b ❑ Re)ect,d c ❑ Witnd- IS- --
60. FEDERAL AMOUNT (F Y funds) ( 1$ .00
56. Ff NDS AVAILABLE - 19 - --
61. STATE SHARE ( l$ .00
57. ENDING DATE 19 _ _ _
62 LOCAL SHARE ( ) $ .00
63. OTHER ( l $ .00
58. F DERAL GRANT 10
64. TOTAL (60, 61,62, 63) ! 1$ .00
69. FRr DERAL FUND ACCOUNT NUMBER .-
65. MULTIPLE PROGRAM -LINK
66. ITMARKS
6/73,
I
Page 1
Office of the Governor .:
9 Criminal Justice Ditdsion.
pPPLiCATION FOR GRANT
1. Applicant agency or Institution: 2. Program No. Under Which Funding Expected:
75 -D3
City of Corpus Christi 3, Type of Application: (Check one)
Original X Revision Continuation
If continued or revised give number of all grants
4. Short Title of Project: (Do-not exceed one typed line)
Night Court Magistrate
5. Project Director:
6. Financial Officer: 884 -3011
(Name, title, address, telephone) 882 -5446
(Name, title, address, telephone)
Judge Dan Flynn
Harold Zick, Director of Finance
Chief Municiple Court Judge
P. 0. Boa 9277
904 N. Brownlee, Corpus Christi,TX 78408
Corpus Christt, TX 78408
Signature
Signature
7. Period of Present Request:
B. Project Duration:
February 1, 1976
Ftnm February 1, 1976
From
January 31, 1977
Z .,,, January 31, 1979
Through
Total length_ 36 months
Request for Present Year or Period:
Total CJD Support Sought:
(Total for project, federal and state)
$ 15,125
$ 49,000
9. Official Authorized to Sign Application:
10. Federal Support:
(Name, title, address, telephone)
R. Marvin Townsend, City Manager
other federal support be available for any part of this
P. O.Boa 9277
project?
pro
x
Corpus Christi, TX 78408
—Y� —NO
994 -3011
If yes, identify and explain:
11. Attachments (check if included):
- (a) Clearinghouse reriery and comment (e) Contracts for services, equipment, and
Name of clearinghouse: constructions
(d) Letters of endorsement
(b) Loral governing body resolution X -
authorizing application (e) Other (describe)
12. Date: CJD USE ONLY
1 -9 -76 Grant Number Geographic Area:
13. Total Pages in Application: Region
Date Received County(s)
17
Program Area
City
Form CJD- 1(111174)
Office'of the Governor
Project Title:
Night Court Magistrate
I.
IL
Page 2
Criminal Justice Division
APPLICATION TOR GRANT `
Period of Present Request:
From February 1,1976
Througt+January 31, 1977
PRESENT PROJECT BUDGET
Budget Category
CJD Support
Federal
and State
Cash
Contribution
Cash
Total
*In-Kind
Contribution
A. Personnel
Cash
Contribution
A. Personnel
B. Professional & Contract Services
B. Professional Services
C. Travel
C. Travel
D. Equipment
500
D. Equipment
E. Construction
E. Construction
F. Supplies & Direct Operating Expense
625
F. Supplies & Direct Operating Expense
625
G. Indirect Cost
G' Indirect Cost
H. Total
$15,125
H. Total
$15,125
CONTINUATION FUNDING PLAN
ANTICIPATED PROJEUI' EXPENDITURES
Budget Category
SUBSEQUENT PERIOD—
SUBSEQUENT PERIOD —
CJD Support
Cash
Contribution
CJD Support
Cash
Contribution
A. Personnel
B. Professional Services
C. Travel
D. Equipment
E. Construction
F. Supplies & Direct Operating Expense
G' Indirect Cost
H. Total
III. Explanation of grantee cash contribution, in -kind contribution, and continuation funding plan. Describe (1)
nature, (2) source, and (3) project utilization of the grantee contribution for the present project period as
listed in the grantee contribution column of Page 2 of this application. Following this should be an explanation
-in the terms described above (nature, source, and project utilization), of how the applicant proposes to support
the project after CJD funding has concluded (attach continuation pages is needed).
NOTE: Initial funding by the CJD does not automatically qualify the project for continuation funding.
*This category is for information purposes only. Total for each category must be supported by Detail Budget
Narrative.
Form WIM (111174)
Form WD-1 (1(1/74)
Office oT the Governor .�.�
Criminal Justice Division
APPLICATION FOR GRANT
BUDGET NARRATIVE
Begin below and add as many continuation pages (3a, 3b, etc.) as may be needed to explain each item of the
project budget. Limit this narrative to an explanation of the basis for arriving
at the cost of each item including
grantee contribution items. This section must also describe the applicant's procurement procedures for equipment,
services, and construction, if such items are a part of the project budget,
A. Personnel
CJC Support
1. Magistrate Salary
$ 8,000
Benefits (retirement, insurance, etc.)
1,200 $ 9,200
B. Professional & Contract Services
1. One Magistrate each weekend at $100 for 48 weeks
4,800
D. Equipment
1. One Executive Desk and one Chair
$ 300
2. One 48x34xl2" Bookcase
100
3. One Filing Cabinet
100. 500
F. Supplies & Direct Operating Expense
1. Office supplies, forms, paper, copying, etc..
$ 200
2. Postage
50
3. Pageboy Pager $25 /month x 12 months
300
4. Telephone service, annual rate
75 625
H. Total
$15,125
Form WD-1 (1(1/74)
•
Page 4
Office of the Governor Criminal Justice Division
APPLICATION FOR GRANT
Project Plan and Support Data
This section constitutes the heart of the grant application. It is the appl'icant's detailed statement of the project -its
aims, precisely what will be done, whQ will be involved, and what is expected to result. With the project budget, it
constitutes primary evidence to CJD of the soundness of the project, the care and planning that has gone into its
formulation, and the responsibility and qualifications of the applicant and others who will be involved in canying it
out.
This section consists of two parts: the summary and the detailed project description.
Summary
In the space below, write a brief summary or total project.
A. Goals _ Provide the City of Corpus Christi a night magistrate program to enhance
the criminal justice system for both the accused and society.
B. Methods - A night magistrate will be employed to cover those hours not now
covered Monday through Friday. Four other magistrates will be contracted with for
weekend coverage.
C. Resources- The City of Corpus Christi has facilities and personnel available to
provide the additional space and clerical assistance needed for this program.
D. Results- This program will help to insure the constitutional rights of the accused
resulting in lower jail population and eliminating the unnecessary incarceration of
citizens. It will furhter provide judicial and legal assistance to police officers
not now easily available during the night hours.
E. Evaluation - Evaluation will be made by comparison of existing jail population
statistics with that of future months. Magistrates involved in the program will
be asked to evaluate the program at the end of the project period.
Form CJD -1 (1/1/74)
1
I
Ll
Page 4A
Criminal Justice Division
Office of the Governor:'
APPLICATION FOR GRANT
' DL•:TAiL PROJECT DESCRIPTION
Organize the remainder of this section under the following headings: A. Goats, B. Methods, C. Resources, D.
Results, and E. Evaluation. .
Insert after this sheet as many additional pages 4a, 4b, 4c, etc.) as may be needed to complete the description
of the Project Plan and Supporting Data. if the applicant wishes to append documents that cannot be readily
placed on continuation sheets, these documents should be listed on the last page of the Project Plan and copies
furnished with the application for staff review.
A. GOALS ,
The Corpus Christi Police Department responded: to 133,590 calls
for service from citizens during 1975. Approximately 9.7%
(or 12,350) of these calls resulted in arrests. All of these
prisoners were processed through the City Jail, both felonies
and'misdemeagors.
Felony prisoners are.housed in the City Jail while detectives
complete the required paperwork. At•this time they are trans-
ferrhd to the County Jail to make bond or to await trial.
Prisoners in this category numbered 4,732 during 1975.
Persons charged with misdemeanor offenses punishable fy a
Jail sentence-, ie., D.W.I., Theft over $5AO, etc., are also
processed through the City Jail prior to their transfer to
the County Jail.
I
Persons charged with violations of City Ordinances are
incarcerated in the City Jail while awaiting trial in
Municipal Court and while serving out time in lieu of
fines imposed.
In the two categories of misdemeanors 7,618 persons were
incarcerated in the City Jail during 1975.
One of the primary goals of the project is to reduce by
20% the number of persons spending time in jail because
of the unavailability of a Magistrate at the time of arrest.
In striving towards this goal it is appropriate to point
out that of the 12,350 arrests during 1975, 69.9% (or 8632)
were made between 8:00 p.m. and 8:00 a.m., with the great
majority of these arrests taking place between 8:00 p.m.
and 12:00 midnight.
A further breakdown of the time and type of arrests also
indicates other benefits to be derived from such an approach.
Felony Misdemeanors
Days - (8:00 a.m. - 8:00 p.m.) 1,820 1,898
Nights - (8:00 p.m. - 8;00 a.m.) 2,912 5,720
Felony arrests are almost evenly distributed between the
Page 4B
Page 4C
daytime and nighttime periods. These arrests are least subject
to the problems associated with spending excessive time in
jail because, as pointed out earlier, individuals charged
with felonies-are transferred to the County Jail as soon as the
paperwork is completed.
Misdemeanor arrests on the other hand, occur almost twice as
often during the nighttime hours as during the day. These arrests
are most subject to the benefits to be derived as a result of
having magisterial coverage during the nighttime hours.
A survey of the time spent in the City Jail for all those
arrested in 1975 reveals that the average stay in jail is 15.31
hours. Having a Magistrate available during the hours when
almost 70% of these arrests take place would substantially
reduce time spent in the City Jail awaiting adjudication in
Municipal Court.
Another aspect of the overall project goals pertains to
the availability of magisterial coverage during the nighttime
hours to assure that proper constitutional warnings are
given to arrested individuals. This accomplishes three things:
1. Assures constitutional protection to accused
individuals.
2. Permits greater investigative efficiency.
Page 4D
3. Encourages continuity of investigative effort
immediately upon arrest rather than a delay
until the following morning.
Note: New statutes pertaining to the handling of juvenile
offenders precludes taking a confession without
appearance before a magistrate.
There are currently thirty detective sergeants and five
lieutenants assigned to Criminal Investigation in the City
Police Department. Another thirty investigators deal
extensively with criminal matters concerning vice, narcotics,
and juvenile offenses. These sixty officers require search
warrants for a variety of reasons on an almost nightly basis.
An important goal of the project is to provide magisterial
coverage to reduce the time delays between the time the pro-
bable cause is developed and the time the warrant may be
executed. In the investigation of any criminal case this
time is extremely important. In cases involving narcotics,
gambling cases, and burglary cases which are breaking rapidly,
any delay in securing a warrant may be fatal to the apprehen-
sion of the criminal or to recovery of contraband and /or
stolen property. Several cases lost as a result of delays
in being able to contact a Magistrate have been documented
during the past few months.
The temporary committment for psychiatric evaluation of
persons who may be dangerous to themselves or others is
another important project goal. While no documentation is
readily available to determine exact ratios, it is reason-
able to expect that the time of need for such committment
papers would approximate the percentages experienced in com-
paring daytime and nighttime arrest rates.
B. METHODS
A night Magistrate will be employed to provide coverage
during the hours not now covered during the regular work
week (Monday through Friday).
Four other Magistrates will be contracted with to provide
weekend coverage. These Magistrates have been contacted
and all express willingness to perform this service on a
rotating basis.
This approach will provide coverage during the time the
regularly employed night Magistrate is off duty by indivi-
duals who are experienced in the needs of police officers
regarding warrants, warnings, and committment documents, as
well as the constitutional safeguards necessary for the
rights of those accused of crimes.
g
Page 4E
•
Page 4F
C. RESOURCES
The City of Corpus Christi is well qualified to fit such
a position into the existing Municipal Court system. The
system is administratively guided by a Judge who is desig-
nated as the presiding Judge and has responsibility for the
overall function of the several Judges and the Court System.
Existing clerical and administrative personnel will work with
the presiding Judge in managing the function of the Night
Magistrate and the Magistrates who are utilized on the weekends.
The City has been the recipient of numerous LEAA Grants and
is equipped to administer all fiscal and other managerial
functions.
D. RESULTS
The project will help to insure the proper adherence to con-
stitutional rights of persons accused of criminal offenses.
This concern will result in a lower jail population by re-
ducing the average time spent per inmate in jail and will have
the effect of making police officers more careful in their
choice of offenses for which the individual is booked.
A substantial saving in police man -hours will be realized in
several types of situations.
l '
1. The immediate availability of a Magistrate
for the issuance of search warrants.
2. The capability of continuing interrogations
of persons immediately after arrest.
3. A reduction of waiting time for the committ-
meat of mentally ill persons.
4. The ready availability of legal advise in
handling cases which are not clear cut in
their legal aspects.
E. EVALUATION
Evaluation will be accomplished by analysis of data gathered
in all cases participated in by the Magistrates. This data
will be utilized in regular quarterly reporting procedures.
Comparisons will be made of the jail population statistics
during the project with those of past time periods to show
the reduction in the average time spent per inmate per
incarceration.
Magistrates involved in the project will participate in the
evaluation at the end of the project period.
Page 4G
•
1
I
5
Office of the Governor Criminal Justice Division
Application for Grant
Project, Title:
The follovdng standard grant conditions, (where applicable), must he certified and agreed to by the
applicant in order to validate the application. Also, where a condition Is applicable and requires additional
Information, such information should be Included in or as an addition to the application. (Additional
explanation of these grant conditions may be found in CJD publication Guide for Grant Administration.)
Standard Grant Conditions
1. Project initiation. Acceptance of the grant award must be returned to the CJD within 30 days after the
date of the award. if an approved project has not commenced within 60 days after acceptance of the
grant award, the grantee will report by letter the steps taken to initiate the project, reasons for the
delay, and expected starting date. If 90 days after acceptance of the award the project is not opera-
tional, a further statement of implementation delay will be submitted by the grantee to the Criminal
Justice Division. On receipt of the 90 -day letter CJD may cancel the project and redistribute the funds
to other project areas. CJD, where warranted by extenuating circumstances, may request approval from
the LEAA regional office to extend the implementation date of the project past the 90-day period.
2 Project completion. With the exception of the final project report, final financial report, and liquida-
tion of goods or services encumbered before the termination date, grants must be completed no later
ibah the termination date set forth In the �_%tement of Grant Award or any approved extension
thereof. Grantees should keep in mind the grant condition prohibiting the obligation of funds beyond
such termination dates, the requirement for liquidation of obligations within 90 days after the termina-
tion date, and the requirement for the return of unobligated grant funds within such period.
3. Reports The grantee shall submit, at such times and in such forms as may he prescribed, any reports
that the Criminal Justice Division may require, including quarterly financial and progress reports and
final financial and progress reports. The grantee's failure to submit required reports within the
prescribed time contrails may result in unnecessary delays in the processing of request for funds;
4. Fiscal regulations. The fiscal administration of grants shall be subject to such rules, regulations, and
policies concerning accounting and records, payments of funds, cost allowability, submission of
financial reports, etc., as may be presecribed�by CJD, including those set forth In the CJD Guide for
Grant Administration.
5. Utilization and payment of funds. Funds awarded may be expended only for purposes and activities
covered by the grantee's approved project plan and budget. Payments will he made on the basis of
periodic requests and estimates of fund needs submitted by the grantee. Payments will be adjusted to
correct previous overpayments or underpayments and disallowances resulting from audit.
6. Written approval of changes Grantees must obtain prior written approval from CJD for major project
changes. These include (a) changes of substance in project activities, design, or research plan set forth
In the approved application; (b) changes in the project director or other key personnel identified in the
approved application; (c) expenditure of project funds representing more than a 15 percent or $2,500
variation, whichever is greater, In any category of the total approved budget, including both CJD grant
funds and grantee contribution; and (d) all additions to or deletions of approved equipment purchases.
Any project changes in the grantee's prerogative to initiate are subject to cost allowability and budget
guidelines that may be described in the CJD publication mentioned in the preamble to this section.
7. Application review changes Any changes effected in this application as a result of or during the course
r
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Page 5A
of CJD review will be deemed to have been ratified by the grantee upon CJD's receipt of the grantee's
request for funds or acceptance agreement.
8 Maintenance of records. Financial records, supporting documents, statistical records, required reports,
and all other records pertinent to the grant project or any component part thereof shall be retained for
three years from the date of the grantee's submission of the final expenditure report, except that
records for nonexpendable property acquired with federal grant funds shall be retained for three years
after final disposition. The records shall be retained beyond the three -year period if audit findings have
not been resolved. Provisions to this effect must be included in all contracts, subcontracts, or other
arrangements for implementation of this project or any component thereof.
9 Inspection and audit The State of Texas, the U.S. Department of Justice, and the Comptroller General
of the United States, or any of their duly authorized representatives shall have access to any books,
documents, papers, and records pertinent to this grant project for the purpose of making audit,
examination, excerpts, and transcripts. A provision to this effect shall be included in all contracts,
subcontracts, or other arrangements for Implementation of this project or any component therof.
10. Termination of aid. A grant may be terminated or fund payments discontinued by CJD if it finds a
substantial failure to comply with the provisions of P.L. 90.351 or regulations promulgated thereunder,
Including these grant conditions or application obligations, but only after notice and hearing and
pursuant to all procedures set forth in Sections 510 and 511 of P.L. 90 -351.
11. Obligation of grant funds Grant funds may not, without advance written approval by CJD, be obli-
gated prior to the effective date or subsequent to the termination date of the grant period. Obligations
outstanding as of the termination dale shall be liquidated within 90 days. Such obligations must be
related to goods or services provided and utilized for ultimate program purposes.
12. Titl2 to property. Title t.o property acquired wholly or partly with grant project fund-, In accordance
with approved budgets shall vest in the grantee, subject to divestment at the option of LEAA or CJD
(to the extent federal funds contributed to the acquisition thereof) exercisable only on notice within
180 days after the end of the grant period or termination of the grant. The grantee shall exercise due
care in the use, maintenance, protection, and preservation of such property during the period of
grantor interest.
13. Use of property for law enforcement purposes Ali property acquired with grant project funds or
donated property representing a grantee contribution shall be committed to use for law enforcement
purposes throughout its useful life.
14. Project income. All Interest or other income earned by a grantee with respect to grant funds or as a
result of conduct of the grant project (sale of publications, registrations fees, service charges on fees,
etc.) must be accounted for. Income should be applied to project purposes or in reduction of project
cost. Interest earned on grant funds must be returned to CJD. All other project income must be applied
to project purposes or as a reduction of total project cost.
15. Publications The grantee may publish, at Its own expense, the results of grant activity without prior
CJD review provided that any publication (written. visual, or sound) contains an acknowledgement of
CJD grant support: The following disclaimer must be contained in the aforementioned acknowledge-
ment:
The fact that the Criminal Justice Division furnished financial support to the activity described in
this publication does not necessarily indicate the concurrence of the Criminal Justice Division in
the statements or conclusions contained herein.
At least 25 copies of any such publication must be furnished to CJD but only 10 copies of training
materials (where used in grant project) must be supplied, except as otherwise requested or approved by
CJD. Publication of documents or reports with grant funds beyond quantities required to meet stan-
dard report requirements must be provided for in approved project plans or budgets or otherwise
approved by CJD and, for large quantity publication, manuscripts must he submitted in advance to
CJD.
Page 513
16. Copyrights. Where activities supported by this grant produce original books, manuals, films, computer
programs (including executable computer programs and supporting data in any form), or other copy -
rightable material, the grantee may copyright such, but CJD reserves a royalty -free, nonexclusive, and
- Irrevocable license to produce, publish, and use such materials, and to authorize others to do so.
Disposition of royalties will be determined by CJD. Provisions appropriate to effectuate the purposes
of this condition must be in all employment contracts, consultants' agreements, and other contracts.
17. Patents. If any discovery or invention arises or is developed in the course of or as a result of work
performed under this grant, by the grantee or contractor, the grantee shall refer the discovery or
Invention to CJD, which will determine whether or not patent protection will be sought; how any
rights therein, Including patent rights, will be disposed of and administered; and the need for other
action required to protect the public interest in work supported with federal funds, all in accordance
with the Presidential Memorandum of October 10;.1963, on Government Patent Policy. In the final
nkYrative ieport the grantee shall identify any.'4iscoaG or invention arising under or developed In the
course of or as a result of work performed under this grant or shall certify that there are no such
Inventions or discoveries.
18. Allowable costs. The allowability of costs incurred under any grant shall be determined in accordance
with the general principles of allowability and standards for selected cost items set forth in Office of
Management and Budget Circular A -87, Principles for Determining Costs Applicable to Grants and
Contracts with State and Local Governments," as further defined and delimited in conditions in the
CJD Guide for Grant Administ ration. Educational institutions are subject to standards set forth In
OMB Circular A -21.
19. Expenses not allowable. Grant funds may not be expended for (a) items not part of the approved
budget or separately approved by CJD; (b) purchase of land and construction of buildings or imple-
mentation of improvements thereon, or payment of real estate mortgages or tares, unless specifically
provided for in the grant agreement; (c) entertainment, amusements, or social activities, or incidental
frosts related thereto; (d) purchase of automobiles or other automotive vehicles unless provided for in
the grant agreement; or (e) indirect (overhead) costs, if the grantee does not have an indirect cost
allocation plan and rate acceptable to CJD, exc ?pt negotiated lump sum amounts included in the
approved application budget.
20. Proposal costs. Grant funds may not be committed or expended for costs of preparing proposals
without prior CJD approval-
2L Third party participation. No contract or agreement not incorporated in the approved proposal or
approved In advance by CJD may be entered into by the grantee for execution of project activities or
provision of services to a grant project (other than purchase of supplies or standard commercial or
maintenance services less than $2,500). Any such arrangements shall provide that the grantee will
retain ultimate control and responsibility for the grant project and that the contractor shall be bound
by these grant conditions and any other requirement% applicable to the grantee In the conduct of the
project.
22. Clean Air Act, in accordance with Presidential Executive Order 11602 and the provisions of the Clean
Air Act, 42 USC 1857 et seq., as amended by P.L. 91.604, 1970, any grant may be terminated and
expenditure of federal funds will be discontinued if at any time during the grant period the grantee has
been convicted of an offense under the Clean Air Act Grantee may not contract with any party
convicted under the Clean Air Act. Applicant certifies that it has not been convicted of any violation
of the Clean Air Act.
-23. Hatch Act. All persons funded by or contributing to this project agree to comply with Title 5, Chapter
15, Sections 1501 through 1503 and any amendments thereto, United Slates Code Annotated, more
commonly known as the "Hatch Act" relating to political activities.
24. Release of Information. Pursuant to Section 521 of the Act, all records, reports, papers, and other
documents kept by recipients of CJD funds, Including grantees and their contractors, relating to the
receipt and disposition of such funds are required to be made available to CJD and LEAA, under the
terms and conditions of the Federal Freedom of Information Act.
i
I
Page 5C
25. Relocation assistance. In conformance with the requirements of the Uniform Relocation Assistance
and Land Acquisitions Policies Act of 1970 (42 USC 4633), applicant hereby declares that this project
will not result in the displacement of one or more persons, businesses, or farm operations, and that no
real property shall be acquired for project purposes. It this declaration cannot be made, CJD will
provide the applicant a Relocation Assistance Certificate that must be completed before consideration
of the application.
26. Environmental impact. Any application for a grant involving: (a) construction, purchase, or alteration
of facilities; (b) implementation of programs involving the use of herbicides and pesticides; or (c) other
actions determined by the LEAA Regional Administrator to have a possibly significant effect on the
quality of the environment must Include either a draft environmental statement as required by Section
102(2)(c) of the National Environmental Policy Act or a declaration that the proposed action will not
have a significant impact on the environment.
27. Historic silts In any grant project involving construction, renovation, purchasing, or leasing of facilities
the grantee shall consult with the state liaison officer for historic preservation to determine whether
the undertaking may have an effect on properties listed in the National Register of Historic Places. If
the undertaking may have an adverse effect on the listed program properties CJD must be notified
before consideration of the application.
2 & Education support. No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving CJD financial assistance with the exception of the qualifications set forth
In Title IX, Section 901(A) of Public Law 92.318 (S6 Stat. 373).
To validate this application, the following special items must be certified and agreed to by the applicant:
Special Items
Nonsupplanting requirement. In compliance with the requirement that federal funds, made available under
Part C, Tittle I, Public Law 90 -351, as amended, be used "not to supplant state or local funds," this is to
certify that the below described recipient of federal funds under Part C, Title 1, Public Law 90 -351, as
amended, will use such funds to increase state or local funds that would, in the absence of such federal aid,
be made available for law enforcement purposes. It is understood that the above certification by the
financial officer will be required on the final report of expenditures and status of action grant funds.
Assurance of compliance with Civil Rights Act of 1964. The applicant hereby agrees that it will comply and
will insure compliance by Its contractors with Title VI of the Civil Rights Act of 1964 (Public Law 83 -352)
and all requirements imposed by or pursuant to Regulations of the Department of Justice (29 CRF Part 42)
issued pursuant to that title, to the end that no person shall on the grounds of race, color, or national origin
be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the applicant receives federal financial assistance. The grantee
further will comply with and insure compliance by its contractors with Justice Department equal employ-
ment regulation in federally assisted programs to the end that employment discrimination In such programs
on the grounds of race, color, creed, sex, or national origin shall be eliminated. The grantee recognizes the
right of the United States to seek judicial enforcement in Its contracts. Assurance of compliance with Title
28, Part 42, nondiscrimination; equal opportunity; Police and Procedures — Subpart E —Equal Opportunity
Guidelines. The applicant hereby agrees that it has complied with the requirements of Subpart E and has
filed the required certification and where applicable has on file a current affirmative action plan.
Applicant's agreement. It is understood and agreed by the applicant that any grant received as a result of
this application shall be subject to the above standard conditions, special items, and other policies and rules
Issued by the Criminal Justice Division for administration of grant projects; all provisions under P.L.
90.351, as amended; and memoranda issued by CJD.
Certified by:
Signature
R. Marvin Townsend
Name
. City Manager
Title
City of Corpus Christi
Date: 1 -9 -76 Agency
Form CJD-1 (111174)
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION
certify that:
LI This agency employs fewer than 50 people or has received or applied for less than $25,000
from Criminal Justice Division, therefore, the
(criminal justice agency)
is not required to file an equal opportunity program in accordance with 28 CFR 42.301 et
seq., Subpart E.
❑ This agency employs 50 or more people and has received or applied to the Criminal Justice
Division, Office of the Governor for total funds in excess of $25,000, therefore, the
has formulated an equal employment
(criminal justice agency)
opportunity program in accordance with 28 CFR 42.201, et seq., Subpart E if applicable,
and that it is on file in the office of
(name, address, title)
forreview or audit by an official of the Criminal Justice Division, Office of the Govemoror
the Law Enforcement Assistance Administration, as required by relevant laws and
regulations.
El Thic statp agency nr department has received LEAA funds from the Criminal Justice Divi-
sion, Office of the Governor, therefore, the
(criminal justice agency)
has formulated an equal employment opportunity program in accordance with the Appro-
priations Bill, 63rd Legislature, Regular Session and with 28 CFR 42.301 et seq., Subpart E
if applicable, and that it is on file in the office of
(name, address, title)
for review or audit by an official of the Criminal Justice Division, Office of the Governor
or the Law Enforcement Assistance Administration, as required by relevant laws and
regulations.
PROJECT TITLE
GRANT NUMBER
Official Authorized to Sign Application Project Director
DATE DATE
J
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
•
CORPUS CHRISTI TEXAS
ACADAY OF "A
Ir
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR
RESO4UTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE