HomeMy WebLinkAboutAgenda Packet City Council - 12/18/2001CITY
COUNCIL
AGENDA
City of
Corpus
Christi
December 18, 2001
12:00 p.m. - Joint Meeting between the City Council and the Corpus Christi Crime Control and Prevention
District to discuss the quarterly update and the continuation of the Crime Control and Prevention
District. (Basement Training Room)
1:45 p.m. Swearing-in ceremony newly appointed Board, Committee and Commission Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
DECEMBER 18, 2001
1:00 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 5:30 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl&s-espa~ol en todas las juntas del
Concilio para ayudade.
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 361-880-3105) at least 48 hours in advance so that appropriate an'angements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Father Pedro Elizardo, Corpus Christi Cathedral.
C. Pledge of Allegiance to the Flag to the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Jesse Noyola
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.__
City Secretary Armando Chapa
Agenda
Regular Council Meeting
December 18, 2001
Page 2
E. MINUTES:
Approval of Joint and Regular Meetings of December 11,2001.
(Attachment # 1 )
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as mofions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adopfion from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a t~vo 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.
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 forindividual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving a supply agreement with Neptune Technology
Group, Inc., Tallasee, Alabama, for 2,638 cold water
displacement type and turbine type water meters in accordance
with Bid Invitation No. BI-0174-01 based on Iow bid, Iow bid
meeting specifications and best bid for an estimated annual
expenditure of $114,355. The term of the supply agreement will
be for twelve months with an option to extend for up to two
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December18,2001
Page 3
o
additional twelve-month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have been
budgeted in FY2001-2002 by the Water Department.
(Attachment # 2)
Motion authorizing the City Manager or his designee to execute
a construction contract with Environmental Specialities
International, Inc., of Baton Rouge, Louisiana in the amount of
$1,755,778.35 for the J.C. Elliott Landfill Sector 9 Liner
Improvements and Final Cover System Installation Phase 2.
(Attachment # 3)
Motion authorizing the City Manager or his designee to execute
a construction contract with Bay Area Contracting & Construction,
Inc., of Corpus Christi, Texas, in the amount of $80,047 for the
Zavala Senior Center Drainage Improvements. (Attachment # 4)
Ordinance abandoning and vacating a 2,308.71-square foot
portion of a 10-foot wide, utility easement out of Block CR, Levek
Tract; requiring the owner, Kimco Realty Corporation, to comply
with the specified conditions and replat the property within 180
days at owner's expense. (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
a contract with Utility Revenue Management Company, Inc. of
Houston, Texas, to provide utility revenue enhancement services
for a term of thirty-six months in consideration of payment up to
50% of increased revenues, based on total amount of increased
revenues collected. (Attachment # 6)
Resolution authorizing the City Manager or his designee to
execute a three-year agreement with Fairway Systems, Inc., to
provide software licensing and support to the City's two golf
courses. (Attachment # 7)
Motion authorizing the City Manager or his designee to accept
additional grant funding in the amount of $7,900 from the
Executive Office of the President, Office of National Drug Control
Policy, to support the Police Department's role in the Texas
Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area. (Attachment # 8)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December18,2001
Page 4
,8,
10.
11.
12.
13.a.
Ordinance appropriating $7,900 in the No. 1050 Federal/State
Grants Fund from the Executive Office of the President, Office of
National Drug Control Policy to support the Police Department's
role in the Texas Coastal Corddor Initiative in the Houston High
Intensity Drug Trafficking Area. (Attachment # 8)
Ordinance appropriating $103,495 from the Unreserved Fund
Balance in the No. 9010 Crime Control and Prevention District
Fund and amending the FY2001-2002 Budget, adopted by
Ordinance No. 024528, to increase appropriations by $103,495
in the No. 9010 Cdme Control and Prevention District Fund for
the purchase of five police vehicles. (Attachment # 9)
Motion approving the purchase of 44 police package sedans in
accordance with Bid Invitation No. B1-0036-02 from Padre Ford,
Corpus Christi, Texas based on Iow bid for a total of $910,756.
Thirty-eight (38) of the sedans are replacements and six (6) are
additions to the fleet. Funding is available from the FY2001-2002
Capital Outlay Fund and the Crime Control and Prevention
District Fund. (Attachment # 9)
Resolution authorizing the City Manager or his designee to submit
a grant application in the amount of $60,180 to the State of
Texas, Criminal Justice Division for Year 3 funding available
under the Victims of Crime Act (VOCA) Fund for the Police
Department's Family Violence Unit. (Attachment # 10)
Resolution authorizing the City Manager or his designee to submit
a grant application in the amount of $88,435 to the State of
Texas, Criminal Justice Division for Year 3 funding available
under the Violence Against Women Act (VAWA) Fund for the
Police Department's Family Violence Unit. (Attachment # 11)
Resolution authorizing the City Manager or designee to submit a
grant application to the U. S. Bureau of Reclamation Water
Conservation Field Services Program in the amount of
$20,468.75 for the purchase of educational program kits entitled
"Learning to be Water Wise." (Attachment # 12)
First Reading Ordinance - Amending Ordinance No. 022164,
which adopted the City of Corpus Christi, Texas Dune Protection
and Beach Access Regulations, by revising Appendix VII,
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December18,2001
Page 5
13.b.
14.a.
14.b.
15.
16.
Designated Beach Fee Areas; providing for an effective date; and
providing for penalties. (Attachment # 13)
First Reading Ordinance - Amending Article VIII, Fees, of Chapter
10, Beachfront Management and Construction, of the Code of
Ordinances, City of Corpus Christi; providing for an effective date;
and providing for penalties. (Attachment # 13)
Motion to amend prior to Second Reading the Ordinance granting
one-year franchise extension to Central Power and Light
Company to clarify the compensation provision. (Attachment #
14)
Second Reading Ordinance - Granting a one-year franchise
extension to Central Power and Light Company for provision of
light, heat, and power. (First Reading - 11/13/01) (Attachment #
14)
Second Reading Ordinance- Amending the Code of Ordinances,
Chapter 53 - Traffic, Section 53-252, Schedule III - Parking
Prohibited at All Times on Certain Streets, by prohibiting curbside
parking at all times on Santa Fe Street between Meldo Park Lane
and Robert Street; and providing for penalties. (First Reading -
12/11/01) (Attachment # 15)
Second Reading Ordinance - Amending the Code of Ordinances,
Chapter 53 - Traffic Section 53-254, Schedule V, by revising the
speed limits on the following street sections; and providing for
penalties: (First Reading - 12/11/01) (Attachment # 16)
a)
b)
On Whitecap Boulevard, reduction from 40 MPH to
35 MPH between a point 1,000-ft west of Cruiser
Street to Isabella Court.
On McKinzie Road (FM3386), revising the existing
speed limits to the following:
* 50 MPH to 45 MPH, from a point
approximately 620-ft north of Kingsbury
Drive to a point approximately 1,050-ft south
of Haven Drive.
* 50 MPH to 60 MPH, from a point
approximately 1,050-ft south of Haven Drive
to the South City Limit.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December18,2001
Page 6
17.
18.a.
18.b.
19.
20.
21.
Second Reading Ordinance - Amending Section 55.73 of the
Code of Ordinances, City of Corpus Christi, regarding Water
Service on Mustang and Padre Islands. (First Reading - 12/11/01 )
(Attachment # 17)
Motion to amend prior to Second Reading the proposed
ordinance amending Article 11, "AB" Professional Office District
and Article 33, Permits, Plats and Filing Fees of the Zoning
Ordinance. (Attachment # 18)
Second Reading Ordinance - Amending the Zoning Ordinance by
amending Article 11, "AB" Professional Office District
Regulations, by revising Section 11-2 Use Regulations; by
amending Article 33 Permits, Plats and Filing Fees, by revising
Section 33-1.03 Conditional Sign Permit -'AB' District. (First
Reading - 12/11/01 ) (Attachment # 18)
PUBLIC HEARINGS: (NONE)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
South Texas (Electric) Aggregation Project (STAP) Update
(Attachment # 19)
Update on Base Realignment and Closure (BRAC) Legislation
and Process (Attachment # 20)
Initial Preview of Capital Budget and Capital Improvement Plan
(Attachment # 21)
22. Quarterly Update on Re-Engineering Efforts (Attachment # 22)
23.
Quarterly Update on Airport Terminal Reconstruction Project
(Related Action Item #24) (Attachment # 23)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
24.
Motion authorizing the City Manager or his designee to approve
the Roadway/Parking Lot Design for the Corpus Christi
International Airport. (Attachment # 24)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December18,2001
Page 7
25.
26.
27.
28.a.
28.b.
28.c.
28.d.
L=
First Reading Ordinance - Revising Section 55-151(b) of the
Code of Ordinances, City of Corpus Christi, relating to the City's
Water-Well Leasing Program. (Attachment # 25)
Motion authorizing the City Manager or his designee to execute
an agreement with SMG to perform pre-opening services and
management services for the Multi Purpose Arena. (Attachment
# 26)
Motion authorizing the City Manager or his designee to execute
an agreement with the Golf Course Effluent Distribution System,
L. L. C., the Corpus Christi Country Club (CCCC), and Kings
Crossing Country Club (KCCC) to provide for the transportation
and use of treated effluent at those golf course facilities.
(Attachment # 27)
Resolution establishing a program to promote local economic
development and to stimulate business and commercial activity
with respect to the development of the Corpus Christi
International Airport; and authorizing a grant to Corpus Christi
Regional Economic Development Corporation. (Attachment # 28)
Ordinance approving a one-year ground lease at Corpus Christi
International Airport. between the City of Corpus Christi and the
Corpus Christi Regional Economic Development Corporation.
(Attachment # 28)
First Reading Ordinance - Approving a long-term ground lease at
Corpus Christi International Airport between the City of Corpus
Christi and the Corpus Christi Regional Economic Development
Corporation. (Attachment # 28)
Resolution approving an Economic Development Grant
Agreement between the City of Corpus Christi and the Corpus
Christi Regional Economic Development Corporation.
(Attachment # 28)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December18,2001
Page 8
29.
30.
31.
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIWNG YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, p/ease speak into the microphone
Iocated at the podium and state your name and address. If you have a petition
or other information pe/laining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es limitado, habra un int~rprete
ingl~s-espa~ol en la reunibn de la junta para ayudade.
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.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session pursuant to Texas Government Code Section
551.071 regarding Jon Harwood et al v. City of Corpus Christi,
No. 00-4149-G, 319th District Court, Nueces County, Texas with
possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of Corpus Christi Project #3219,
Nourishment of Corpus Christi Beach - 2001, with possible
discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 for legal advice regarding Priscilla G. Leal v. the City of
Corpus Christi, et al No. 01-0253-E, 148th District Court, Nueces
County, Texas, with possible discussion and action related
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December18,2001
Page 9
thereto in open session.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
32. CITY MANAGER'S REPORT
33.
34.
O.
NOTE:
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 3:30 p.m., December 14, 2001.
Armando Chapa
City Secretary
The City Council Agenda can be found on the City's Home
Page at www.cLcorpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2001-2002
CITY COUNCIL GOALS
AND
PRIORITY ISSUES
[ ~'~CONT~ING PRIORITY ISSUES
Airport / Seawall / Convention Center / Arena
* Continue quarterly reporting process for these initiatives.
'86 Bond Issue Improvements
· Update status on Senior Centers.
· Provide communication on completion of these projects (e.g. "Report to the Community").
· Continue community involvement on issues such as Leopard Street improvements.
Privatization / Re-Engineering
· Clearly define "privatization" and "re-engineering."
· Make decisions regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days.
· Establish process to identify what services can and cannot be privatized.
· Continue focus on park maintenance.
.Finance
· Maintain the 5-year forecast model.
~. Review the Au_east 1 budget adoption deadline.
Crime Control and Prevention
Confmue implementation of the Community Policing initiative.
· Establish date for Crime Control and Prevention District election.
· Continue City participation in Youth Opportunities United and other youth crime initiatives.
Employee Health Care
· Address concerns related to employee compensation and benefits, including health insurance.
· Work to coordinate Police and Fire health benefits with those of other City employees
Economic Development Sales Tax
· Establish election date.
Storm Water Utility
· Reconsider implementation plan for a Storm Water Utility..
Packerv Channel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landfall
* Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste managemem system, including privatization.
Internet
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Communicate brush pickup via e-maiL
CDBG
· Continue active role.
Frost Bank Building
· Lease and complete renovation
Annexation Plan
* Implemem currem island annexation plan
ADA Transition Plan
· Develop and approve ADA Transition Plan within 90 days.
Redistricting
· Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District contracts and determine date for approval
Council Action Items
· Staff completes action requests in a timely manner.
City / County Health Issues
· Continue discussions with County to determine structure and process for the most effective
and efficiem delivery of health services
Marketing of CC Museum and Columbus Ships
· Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
NEW PRIORITY INITIATIVES AND ISSUES
City staff will develop and present to City Council action/]'mplementation plans for the following priority
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma ster Drainage Plan
i Garwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
[~ Improve Permitting Process (onLine
~Pa~e Island Development Plan
/ customer service)
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
** Road Projects
Southside Traffic Plan
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Developmem Plan
Traffic Controls (channeling, studying on/offramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Publie Improvements
Arts and Seieneas Park Plan
Budget Item
** Capital Improvement Program Item
MINUTES
JOINT MEETING OF THE
CORPUS CHRISTI CITY COUNCIL AND THE
CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION
December 11, 2001 - 12:00 p~m.
CITY COUNCIL
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Jesse Noyola
Brent Chesney
Javier Colmenero
Henry Garrett
Bill Kelly*
Rex A. Kinnison
John Longoria*
Mark Scott*
Ci_ty StaffPresent
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ram6n
ECONOMIC DEVELOPMENT COP.p,
Joe Adame, Chairman
Jim Barnette
N. Foster Edwards
Ray Hayes
A1 Jones
ABSENT
Edward Martin
Bill Dodge
Bernard Paulson
Jacob Mufioz
George Karo
Sam L. Susser
Mayor Neal called the meeting to order in the Basemem Training Room of City Hall. City
Secretary Chapa checked the roll and verified that a quorum of the Council was present to conduct
the meeting. (The EDC Board did not need a quorum since they were only providing information to
the Council.)
Mr. Adame introduced Mr. Ron Kitchens, President and CEO of the EDC, who updated the
Council on the community's economic situation. He noted tha~ as a result of the general downturn
of the national economy and the September 1 lth terrorist attacks, many cities around the country are
experiencing difficult economic situations. The Corpus Christi area, on the other hand, has been
fating better for a variety of reasons, including the presence of~e military bases, the local colleges
and universities, the use of sales tax abatements and other reasons.
*Council Members Kelly, Longoria and Scott arrived at approximately 12:10 p.m.
Mr. Kitchens said there seems to be a new attitude of exhtement in the city, which has been
evidenced by the passage of the bond program last year. He emphasized the importance of
maintaining a good quality of life and one element of that is clem beaches. He used the example of
a potential client who opted to go to South Padre Island instead of Corpus Christi because of the poor
condition of the beaches here. He also gave several examples of how the EDC is assisting in the
growth of small businesses. One of the EDC's tools is its web ske, which lists several buildings that
are available along with contact persons for each.
1'r
Minutes - Joint Meeting
December 11, 2001
Page 2
Mayor Neal asked Mr. Kitchens what tl~e I:DC needs _-2om tne City Council. A discussion
ensued about a possible 1/8th cent sales tax for economic devel,v, ment and job creation, and Council
members noted that those monies should be administered by a ~?arate board. City Manager Garcia
pointed out that in the near future, the Council will be mak-n§ several key decisions affecting
economic development, the Crime Control and Prevent/:u District and possible Charter
amendments.
In response to Council members' questions, Mr. Kitcbms discussed the European market,
oil drilling, and the city's one-stop development center. Mr. kD. yes commented on the importance
of Texas A&M University-Corpus Christi's Harte Research Imqstute, which is the world's second-
largest endowed research center for maritime studies. He said he believes the institute will play a big
part in Corpus Christi's continuing economic development. Th~',e. was also discussion about the need
for a first-class industrial park as well as opportunities to parmff with TAMU-CC and NAS-Corpus
Christi.
There being no other business, the Mayor adjourned the meeting at 12:52 p.m. on December
11, 2001.
MINUTES
CITY OF CORPUS CHRISTI, TEX_&S
Regular Council Meeting
December 11, 2001
1:I0 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Jesse Noyola
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Mark Scott
City_ Staff:
City Manage: David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretar:-.~-'mando Chapa
Recording Se~etary Rachelle P. Ram6n
Mayor Neal called the meeting to order in the Council Chambers of City Hall and he
delivered the invocation. The Pledge of Allegiance to the United States flag was led by Council
Member Garrett. City Secretary Chapa called the roll and verified :sat the necessary quorum of the
Council and the required charter officers were present to conduct the meeting. Mr. Chapa announced
that Item 48, regarding the University Drive right-of-way abandozanent, was being withdrawn by
staff. He said the date and time of the new public heating will be ar~ounced. Mayor Neal called for
approval of the minutes of the regular Council meeting of November 20, 2001. A motion was made
and passed to approve the minutes as presented.
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Committee for Persons with Disabilities
Billy Ray Sayles
C.C. Regiomi Economic Development Corp.
Gloria Perez
Landmark Commission
Michael Cleary (Reappointed) Elmon Phillips (Rea?pointed)
Kevin Maraist (Reappointed) Alan Wahlers
Mayor Neal announced the following executive sessions:
Pursuant to Texas Government Code Sections 551.071 and 551.086 to discuss and deliberate
commercial or financial information from a business ?rospect, Vision Technologies
Aerospace Ltd., that the City Council seeks to have loca:e in or near the City of Corpus
Christi and to deliberate the offer of financial or other incer~.-ves in connection therewith, and
to obtain legal advice related thereto, with possible discus~on and action related thereto in
Minutes - Joint Meeting
December 11, 2001
Page 2
Mayor Neal asked Mr. Kitchens what me I:DC needs _~om me City Council. A discussion
ensued about a possible 1/8th cent sales tax for economic devek_ument and job creation, and Council
members noted that those monies should be administered by a .~-?amte board. City Manager Garcia
pointed out that in the near future, the Council will be roak-n, g several key decisions affecting
economic development, the Crime Control and Prevention District and possible Charter
amendments.
In response to Council members' questions, Mr. Kitck'~as discussed the European market,
oil drilling, and the city's one-stop development center. Mr. l-D. yes commented on the importance
of Texas A&M University-Corpus Christi's Harte Research Imritute, which is the world's second-
largest endowed research center for mahtime studies. He said he believes the institute will play a big
part in Corpus Christi's continuing economic development. Thee. was also discussion about the need
for a first-class industrial park as well as opportunities to parm~ with TAMU-CC and NAS-Corpus
Christi.
There being no other business, the Mayor adjoumed the meeting at 12:52 p.m. on December
11, 2001.
Minutes - Regular Council Meeting
December 11, 2001
Page 3
Department. Funds have been budgeted by the Gas Department in FY2001-2002.
The foregoing motion passed by the following vote: NeaL Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11. M2001-452
12.
Motion approving the pumhase of 26 radios with chargem, belt clips and rings from M/A-
COM Private Radio Systems, Inc., Ingleside, Texas, for the total amount of $59,126.50. The
award is based on sole soume and will be used by the Police Department. Funds are
provided through the Crime Control and Prevention District and the Police General Fund.
The foregoing motion passed by the following vote: Neal. Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye.'
M2001-453
Motion approving the purchase of fifty vehicles consisting of 45 pickups, 3 vans and 2
sedans from the following companies for the following amounts in accordance with Bid
Invitation No. BI-0025-02, based on low bid and low bid meeting specifications. Various
City departments will use these vehicles. Seven units are additions to the fleet; the remaining
units are replacements. Funds are available in the FY2001-2002 Capital Outlay Fund.
Crosstown Ford Vista Chevrolet
Comus Christ. Texas Comus Christi. Texas
Bid Items 1-4, 10, 11, 12 and 14 Bid Items 8 and 9
$525,579 $233,400.80
Creveling Dodge
Comus Christi. Texas
Bid Items 13 and 15
$57,392
Padre Ford
Comus Christi. Texas
Bid Items 5-7 and 16
$114,821
Grand Total:
$931,192.80
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.a. M2001-454
Motion authorizing the City Manager or his designee to purchase from DataSeek Corporation
a turnkey solution consisting of EMC storage area network and StorageTek tape backup
solution for $732,130 purchase to be financed over a three-year period and including a 36-
month warranty. This solution is the first phase in creating a disaster recovery system and its
supports increasing data storage requirements economically. DataSeek Corporation is a
qualified information services vendor with the State of Texas.
Minutes - Regular Council Meeting
December 11, 2001
Page 4
The foregoing motion ?zssed by the following ,,ote: Nea! Chesney, Colmenero, Garrett;
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.b. M2001-455
13.c.
Motion authorizing the City Manager or his designee ',o purchase from Sh-ius Computer
Solutions hardware to attach the production AS/400 to fi~e EMC storage area network and
StorageTek tape backup solution for $50,875 purchase to be financed over a three-year
period and including a 36-month warranty. Sirius Computer Solutions is a qualified
information services vendor with the State of Texas.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-456
Motion authorizing the City Manager or his desi~ee to purchase from Computer
Resource/6000 Tivoli Storage Manager software for the SrorageTek tape backup solution and
associated training for $42,870 purchase to be financed over a three-year period and
including a 36-month warranty. Computer Resource/600~) is a qualified information services
vendor with the State of Texas.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14. M2001-457
15.
Motion authorizing the City Manager or his designee To purchase from SBC DataComm,
Inc., in accordance with the State of Texas Cooperative Purchasing Program. for a total of
$501,561 an IP phone system with interactive voice response and integrated contact
distribution. Configuration, setup and installation are included in the contract. This system
will be compatible and integrated with the surveillance and security system improvements
at the Wesley Scale Dam/Choke Canyon Dam/pump station. It will allow for centralized
video surveillance and data and voice communications and will provide interactive voice
response and call grouping. This will provide a compatible phone system for the Water
Utilities, outlying Water and Wastewater facilities and :he Emergency Operating Center.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenem, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-458
Motion authorizing the City Manager or his designee to execute a construction contract with
Insituform Technologies Inc. in the amount of $1,519,8 J 9 for the sanitary sewer mink main
Minutes - Regular Council Meeting
December 11, 2001
Page 5
16.
17.
18.
20.
rehabilitation.
The foregoing motion passed by the following vote: NeaL Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye.'
M2001-459
Motion authorizing the City Manager or his designee to exe~'xae a construction contract with
Camrett Corporation, Corpus Christi, Texas, in the amount o:'$130,790.76 for the West Guth
Park improvements.
The foregoing motion passed by the following vote: NeaL Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye.-
M2001-460
Motion authorizing the City Manager or his designee to exe.."ute a construction contract with
Sprinkler King of San Antonio, Texas in the amount of $562~369.50 for the youth outdoor
sports facilities irrigation improvements at the following sites: South Guth Park, Waldron
Park, and Bill Witt Park.
The foregoing motion passed by the following vote: Neak Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye.'
M2001-461
Motion authorizing the City Manager or his designee to exe,:ute a construction contract with
R.S. Black Engineers & Contractors of Corpus Christi, Texas in the amount of $3,522,263
for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 pump
modifications (electrical, mechanical, and instrumentation ~stems upgrade).
The foregoing motion passed by the following vote: Neak Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye_-
M2001-463
Motion authorizing the City Manager or his designee to ex~mte a construction contract with
Haeber Roofing Company of Corpus Christi, Texas in the amount of $54,234 for the Fire
Station No. 15 Re-Roof FY2001-2002 project.
The foregoing motion passed by the following vote: Neak Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
December 11, 2001
Page 6
~1. M200!-46.~
22.
23.
Motion authorizing the City Manager or his designee :o execute an amendment to an
engineering services contract with LVN, Inc. dba Smith. Russo & Mercer in the amount of
$125,950 for the Street Resurfacing project to provide for sanitary sewer line replacements
and the relocation of the SPID/Crosstown 30" waterline to Johanna Street.
The foregoing motion passed by the following vote: Neal. Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-465
Motion authorizing the advertising for sale of Lots 20 and 21. Block 4, Gulfway-Airline Park
Unit #1 containing a total of approximately 20,000 square feet.
The foregoing motion passed by the followiflg vote: N~I. Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 024675
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Robert M. Galvan, Jr., owner of Lots 21-24, Block 15, Port Aransas Cliffs,
to install, operate, maintain, relocate, and/or remove a 2' force main within the Ocean Drive
right-of-way, approximately 280 linear feet in length. :o tie to an existing sanitary sewer
manhole located in public right-of-way at the juncture of Sinclair Street and Ocean Drive,
establishing a fee of $430 and other specified conditions.
An emergency was declared and the foregoing ordinance .tossed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longofia. Noyola, and Scott voting "Aye."
24.a. ORDINANCE NO. 024676
24.b.
Ordinance appropriating $63,388.75 in the Sanitary Se~er Collection Line Trust Fund No.
4220-250420 to pay a reimbursement request from Bmselton Land Ventures, Inc. for the
installation of 1,572 linear feet of an off-site 10-inch PVC Sanitary Sewer Collection Line
to develop Unit 2 and future units of Village at Dunbar.on Oak Subdivision.
An emergency was declared and the foregoing ordinance .tossed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoha- Noyola, and Scott voting "Aye."
M2001-466
Motion approving the reimbursement application for 563,388.75 submitted by Braselton
Land Ventures, developer of Village at Dunbarton Oak Subdivision, for the installation of
Minutes - Regular Council Meeting
December 11,2001
Page 7
25.
26.
27.
1,572 linear feet of an off-site 10-inch ¢VC Sanitary Sewer. Collection Line provided for
Unit 2 and future units.
The foregoing motion passed by the following vote: Neal. Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye.-
ORDINANCE NO. 024677
Ordinance amending the Code of Ordinances, Chapter 53- Traffic, Section 53-250 - Schedule
1, One-Way Streets and Alleys, Section (A-l) School Areas, by establishing a one-way
traffic pattern at Sanders Elementary School on Republic Drive fi.om the direction of
Killarmet Drive to Congressional Drive; and providing for penalties.
An emergency was declared and the foregoing ordinance pa_~,ed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, Chapter 53 - 'l':affic, Section 53-252, Schedule
III - Parking Prohibited at All Times on Certain Streets, by prohibiting curbside parking at
all times on Santa Fe Street between Meldo Park Lane and Robert Street; and providing for
penalties.
The foregoing ordinance passed on first reading by the :'ollowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, azd Scott voting "Aye."
FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, Chapter 53 - T~c Section 53-254, Schedule
V, by revising the speed limits on the following street sections; and providing for penalties:
on Whitecap Boulevard, reduction from 40 MPH to 35 MPH between a point 1,000 fi. west
of Cruiser Street to Isabella Court; on McKinzie Road (FM3386), revising the existing speed
limits to the following: 50 MPH to 45 MPH, from a poim approximately 620 fi. north of
Kingsbury Drive to a point approximately 1,050 fi. south of Haven Drive; 50 MPH to 60
MPH, from a point approximately 1,050 fi. south of Haven Drive to the south city limit.
The foregoing ordinance passed on first reading by the :'ollowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
29. RESOLUTION NO. 024679
Resolution amending the City Investment Policy to make minor revisions for clarification
and following changes; to change investment benchmarks :o constant maturity indexes; to
list U.S. Treasuries as a separate investment group; to Md money market accounts as
Minutes - Regular Council Meeting
December l 1,2001
Page 8
authorized investment; to modi ,'y in ~,,c~l gov.:,'~ment investment pools' to delete required
investment target of 25% in U.S. Treasury Securities from investment mix requirement.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
31.a. RESOLUTION NO. 024681
Resolution authorizing the City Manager or his designee to execute an Inteflocal Cooperation
Contract with Texas A&M University-Kingsville in the amount of $600,000 for an air quality
research and planning program, which includes air quality monitoring and modeling projects,
and development of an emissions inventory for the Nueces and San Patricio County Area.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
31.b. RESOLUTION NO. 024682
32.
33.
Resolution authorizing the City Manager or his designee to execute an Inteflocal Cooperation
Contract with Texas A&M University-Corpus Christi in the amount of $140,000 for
pollution prevention parmership and educational outreach program, which includes small
business assistance and public education on pollution prevention and air quality in Nueces
and San Patricio counties.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 024683
Ordinance amending the Code of Ordinances, Chapter 2, Administration, Article IV,
Miscellaneous Boards, Commissions and Committees, Division 15, by changing the title of
Division 15 fi.om the "Senior Community Services AdVtS°ry Committee" to the "Leadership
Committee for Senior Services"; amending the Code of Ordinances, Chapter 2,
Administration, Article IV, Miscellaneous Boards, Cmm~dssions and Committees, Division
15, by amending Sections 2-170, Membership, and 2-173, Duties, Repealing Section 2-174,
Senior Companion Program Advisory Committee, in its entirety.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute an amendment to the
lease agreement executed with Padre Soccer League on November 12, 1996, Ordinance No.
Minutes - Regular Council Meeting
December 11,2001
Page 9
34.
022750, to increase the leasehold area and to incorporate a2ditional language.
The foregoing ordinance passed on first reading by the _%Ilowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, ~d Scott voting "Aye."
ORDINANCE NO. 024684
Ordinance authorizing the City Manager or his design~ to execute a three-year lease
agreement with two option years with the Corpus Christi C:.ty Employees Credit Union to
install automatic teller machines (ATMs) at Municipal Co-.a't, Coliseum and City Hall for
monthly payments of $1 O0 or 10% of net profit; whichever, is greater.
The foregoing ordinance passed on second reading by the _-'ollowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, az.d Scott voting "Aye."
36.a. ORDINANCE NO. 024686
Ordinance amending the City of Corpus Christi, Texas Dune Protection and Beach Access
Plan, an element of the City of Corpus Christi Comprehe~ive Plan, by adopting a policy
statement in support of PackeD' Channel, revising the defirmon of"erosion area line" and
description of eroding area boundary, and by revising ?igure 5, which illustrates the
beachfront construction line, erosion area restriction line, md erosion area line.
The foregoing ordinance passed on second reading by the :'ollowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, ~d Scott voting "Aye."
36.b. ORDINANCE NO. 024687
Ordinance amending the definition of"erosion area line- m Section 10-1 of the Code of
Ordinances, City of Corpus Christi.
The foregoing ordinance passed on second reading by the 5ollowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, ar_d Scott voting "Aye."
36.C. ORDINANCE NO. 024688
Ordinance amending Ordinance No. 022164, which adop:ed the City of Corpus Christi,
Texas, Dune Protection and Beach Access Regulations, by re~fsing Appendix m, Beachfi'ont
Construction Line, Erosion Area Restriction Line, and Ere-ion Area Line.
The foregoing ordinance passed on second reading by the :'ollowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, md Scott voting "Aye."
Minutes - Regular Council Meeting
December 11,2001
Page I0
M.~yor Neat opened -~iscussion o~ Item ~c thermal ir-_a~ng cameras. Council Member
Colmenero asked Fire Chief J.J. Adame to describe the cameras. ?Ie explained that the city received
grant monies which are being used to prepare rapid intervention ,-ts to be carded by firefighters. He
said these cameras will assist the firefighters in search and rescue operations as well as ensuring that
fires are completely extinguished. City Secretary Chapa polled the Council for their votes as follows:
9. M2001-450
Motion approving the pumhase of three (3) thermal im ~_a~ng cameras from Four Alarm Fire
Equipment, MES, Houston, Texas in accordance with B32 Invitation No. BI-0021-02, based
on low bid meeting specifications for a total amount ,f $29,250. The thermal imaging
cameras will be used by the Fire Department. Funds have been budgeted by the Fire
Department in FY2001-2002.
The foregoing motion passed by the following vote: Nmi, Chesney, Colmenero, Gan-eR,
Kelly, Kinnison, Longoria, Noyola, and Scott voting _,': e.
Mayor Neal opened discussion on Item 10, emergency r~-ponse vehicle. Responding to Mr.
Colmenero, Police Chief Pete Alvarez said the vehicle will be used to support the department's
SWAT rescue team. City Secretary Chapa polled the Council ."or their votes as follows:
10. M2001-451
Motion approving the purchase of one emergency re_-~nse vehicle (ERV) from Lenco
Industries, Pittsfield, Massachusetts, for the total amour: of $180,050 based on sole source.
The emergency response vehicle (ERV) will be used by :he Police Deparunent. Funds are
available in the Law Enforcement Block Grant, FY1999-2000 and FY2001-2002. This item
will be a new addition to the fleet.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 19, digester blowers. City Secretary Chapa said the
actual dollar amount is $413,915 (rather than $413,000 as listed on the agenda). Council Member
Kelly made a motion to amend as stated, seconded by Council Member Colmenero, and passed. Mr.
Chapa polled the Council for their votes as follows:
19. M2001-462
Motion authorizing the City Manager or his designee to ~ecute a construction contract with
Minutes - Regular Council Meeting
December 11, 2001
Page I 1
R.S. Black Engincers& Contractors of Corpus Christi, TX in Se ammmt of $413.9t 5 for the
Broadway Wastewater Treatment Plant digester blowers & air diffusers replacement project.
The foregoing motion passed, as amen&d, by the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 28, solid waste grants.
Ms. Pat Suter, a member of the city's recycling committee and the Coastal Bend Council of
Govemments Committee, said it is very refi'eshing for the city to take the lead in these grant requests,
as it did in 1992 with the formation of the Local Emergency Planning Committee.
Ms. Kit Price Blunt, 8317 Seashore, spoke in favor of the proposed funding. She encouraged
the city to look for funding in next year's budget to im~plement the citizen's trash and recycling
center on a full-scale basis. She said this is modeled after an award-winning facility in Florida.
Mr. Jeffrey Kaplan, Director of Solid Waste Services, who used to work in Dade County,
Florida, discussed how that community dealt with a large problem of illegal dumping. He said the
citizens' trash and recycling center in Corpus Christi will also serve as a transfer station, which will
become part of the long-term operating plan for the Valenzuela Landfill. City Secretary Chapa polled
the Council for their votes as follows:
28. RESOLUTION NO. 024678
Resolution authorizing the City Manager or his designee to mbmit a Municipal Solid Waste
Grant Application to the Coastal Bend Council of Governments in the amount of $150,000
for construction of a citizens' trash and recycling center, with a City in-kind match of
$50,000 in the No. 1050 Federal/State Grants Fund, for a total project cost of $200,000.
The foregoing resolution passed by the following vote: Neak Chesney, Colmenem, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 30, marina office buildings. Responding to Mr.
Colmenero, City Manager Garcia explained that these contracts are for the continued use of the
existing offices (located in modular buildings). He said a more permanent location for the marina
offices is planned in the future. City Secretary Chapa polled the Council for their votes as follows:
30. RESOLUTION NO. 024680
Resolution authorizing the City Manager or his designee to execute two one-year renewable
Minutes - Regular Council Meeting
December 11, 2001
Page 12
lease contracts, subject to the non-appropriation of funcs c'avqe in eac? ~onwact. f,,r thc lease
of modular buildings from General Electric Capital Modular Space tbr use at the Corpus
Christi Marina as Marina office space.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenem. Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 35, concessionaire agreement. Mr. Colmenero asked
when a request for proposals for concession services will be is**aed. Mr. Garcia said that city staff
is discussing the food operations with SMG, the management company for the convention center and
arena. He said they hope to select a concessionaire who will partner with SMG and the city to
provide some of the food service equipment. He said this contract is to continue operations at the
existing facilities until the new ones are closer to completion~ City Secretary Chapa polled the
Council for their votes as follows: ~
35. ORDINANCE NO. 024685
Ordinance authorizing the City Manager or his designee to execute an amendment to the
lease agreement executed with Noble Food Services Inc. on November 21, 2000, by
Ordinance No. 024289 to extend the term of the lease.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal opened discussion on Item 37, Leopard S~eet improvements. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
37.a. RESOLUTION NO. 024689
Resolution authorizing the City Manager or his designee :o execute Change Order No. 9 with
Texas Depmtment of Transportation in the amount of S49,238.08 for revised bus stop
improvements as part of Leopard Street improvements, Phases 1 and 2 (Rehfeld to McKinzie
Road) construction contract in accordance with the adxxnced funding agreement.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Caesney absent.
37.b. RESOLUTION NO. 024690
Resolution authorizing the City Manager or his designee to execute a furore Change Order
Minutes - Regular Council Meeting
December 11, 2001
Page 13
37.c.
with the Texas Department of Transportation in the amc, mt not to exceed $39,200 for
median landscaping improvements as part of Leopard Stree: improvements, Phases 1 and 2
(Rehfeld to McKinzie Road) construction contract in accordzace with the advanced funding
agreement.
The foregoing resolution passed by the following vote: Neal. Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chemey absent.
M2001-467
Motion authorizing the City Manager or his designee to increase the escrow amount with the
Texas Department of Transportation in the amount of $110.460.03 as part of the Leopard
Street improvements Phases 1 and 2 from Rehfeld to McI(in~ie Road construction contract
in accordance with the advanced funding agreement.
The foregoing motion passed by the followingTM vote: Neai. Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chemey absent.
37.d. RESOLUTION NO. 024691
Resolution authorizing the City Manager or his designee to execute Change Order No. 9 with
the Texas Department of Transportation in the amount of 550,965 for revised bus stop
improvements and traffic signal conduit as part of the Leopard S~eet improvements, Phase
3 (McKinzie Road to Rand Morgan Road) construction mntract in accordance with the
advanced funding agreement.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chemey absent.
37.e. RESOLUTION NO. 024692
Resolution authorizing the City Manager or his designee to execute a future Change Order
with the Texas Depmtment of Transportation in the amok.mt not to exceed $30,800 for
median landscaping improvements as part of the Leopard Street improvements, Phase 3
(McKinzie Road to Rand Morgan Road) construction contract in accordance with the
advanced funding agreement.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chemey absent.
Mayor Neal opened discussion on Item 38, golf course sm&..,-. He noted that the deadline for
the request for proposals (RFPs) is January 30, 2002. Mr. Garcia SaZd at that time staffwill compile
Minutes - Regular Council Meeting
December 11, 2001
Page 14
the RI:? resuks and prese,~t ,hem to the C9upcil.
Council Member Kinnison asked if the study will examine the feasibility of a new 18-hole
golf course and/or the expansion of the current golf courses. Mr. Tony Cisneros, Director of Park
and Recreation, replied affirmatively. Mr. Kinnison said he did not see any reference in the RFP to
the location of a new course, and Mr. Cisneros said staff is not looking at specific sites at the
beginning of the study. However, the RFP states that ifa third gotf course facility is deemed viable
by the market analysis, the city may ask the selected firm to evaluate and propose suitable locations.
Mr. Kinnison said this study will answer questions about the economic feasibility of a third course.
Council Member Scott asked if staff believes firms will respond to the RFP. Mr. Garcia and
Mr. Cisneros both replied affirmatively. Responding to Council .Member Longoria, Mr. Garcia said
the two main objectives of the study are to analyze the area golf market as it applies to the Corpus
Christi metropolitan area and a general analysis of the economic feasibility of a third golf course. Mr.
Longoria asked about the budget for the study. Mr. C?neros replied that staff is estimating it will
cost $30,000 to $35,000.
In reply to Council Member Kelly, Mr. Cisneros said the study area incorporates a 50-mile
radius outside the Corpus Christi city limits. Mr. Garcia said thax figure was somewhat arbitrary and
can be adjusted if the consultant feels it should be. Council Member Noyola commented on the drop
in the number of golf rounds in the last year. Mr. Cisneros said there are many reasons for that
decline and that information will be provided to the consultant. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
38. M2001-468
Motion authorizing the release of a request for proposals and statement of qualifications for
an area golf market and feasibility study for the City of Corpus Christi, Texas.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria voting "No."
Mayor Neal opened discussion on Item 39, annexation ox~ih~ances. The Mayor first called for
comments on Items 39.a.-39.e. and there were none. City Secretary Chapa polled the Council for
their votes as follows:
39.a. ORDINANCE NO. 024693
Ordinance annexing Wood River Areas A and B contiguous to the city limits in the vicinity
of the Wood River Subdivision; providing for a service plan for the annexed areas of land;
providing that the owners and inhabitants am entitled to all rights, privileges, and burdens
of other citizens and property owners of the City of Corn_ us Christi and are subject to and
Minutes - Regular Council Meeting
December 11, 2001
Page 15
bound by the City Charter, ordinances, resolutions and rules: providing for amendment of
the official maps of the City of Corpus Christi, and provid/ng for an effective date.
The foregoing ordinance passed on second reading by the !ollowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
39.b. M2001-469
Motion to amend annexation ordinance for Area C in Item B prior to second reading by:
1) Service Plan Section C.3.: Add to the end of this section concerning water and
wastewater facilities: "The City Council agrees that as to Area C, Tract 1, the owners
of the property may rely upon the continuing availability of the City's standard
service extension policies now in existence for wa~er and wastewater facilities to
serve the property consistent with the development plans outlined in the Special
Zoning Permit which is on the agenda for approval by the City Council."
2) Correcting service plan for Area C, Sectlon B, Address for Fire Station #15 from
"1402" to "14402" Commodore Drive.
The foregoing motion passed by the following vote: Neak Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
39.c. ORDINANCE NO. 024694
Ordinance annexing Padre Island Area C, Tracts 1 and 2, contiguous to the city limits in the
vicinity of the Nueces-Kleberg County Line and adjacent to South Padre Island Drive (Park
Road 22) and south of Sea Pines Drive; providing for a ser~Sce plan for the annexed tracts
of land; providing that the owners and inhabitants are entitled to all rights, privileges, and
burdens of other citizens and property ownerffofthe City of Corpus Christi and are subject
to and bound by the City Charter, ordinances, resolutions and rules; providing for amend-
ment of the official maps of the City of Corpus Christi and providing for an effective date.
The foregoing ordinance passed on second reading, as mended, by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
39.d. ORDINANCE NO. 024695
Ordinance annexing Area D, a 919.17 acre area in the vicinity of Mustang Island, southeast
of the Corpus Christi Ship Channel, between the city limits of the City of Corpus Christi and
the west city limits of the City of Port Aransas, contiguous to the city limits of the City of
Corpus Christi; providing for a service plan for the annexed area of land; providing that the
owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and
property owners of the City of Corpus Christi and area 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, and providing for an effective date.
Minutes - Regular Council Meeting
December 1 I, 2001
Page 16
The foregoing ordi;~avce passed on second reading by ~¢ following vote: I le'd. Chesney,
Colmenero, Garrett, Kel! Kinnison, Longoria, Noyoia. and Scott voting "Aye."
39.e. ORDINANCE NO. 024696
Ordinance annexing Area E, Gulf of Mexico Water Area east of Port Aransas and Aransas
Pass containing 13,128.45 acres of water area, more or !ess, adjacent to Mustang Island and
partly in Nueces County, Texas and partly in Aransas County, Texas, and contiguous to the
city limits of the City of Corpus Christi; providing for a mrvice plan for the annexed area of
land; providing that the owners and inhabitants are entitled to all 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, ordinances, resolutions and roles; providing for amend-
ment of the official maps of the City of Corpus Christi. ~d providing for an effective date.
The foregoing ordinance passed on second reading by be following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longor~a, Noyoia. and Scott voting "Aye."
With regard to Items 39.f. and 39.g., City Manager Gamia explained that the original
annexation plan, which was initiated six months ago, contemplated that the city would enter into an
agreement with Nueces County, which is currently cleaning the beaches in the annexation area. He
said that agreement would have had the city pay the costs that the county incurred until the city could
transition into its own beach-cleaning operation. He pointed out that the city hired a consultant to
study the most economical and state-of-the-art cleaning methods. However, the city's proposed
agreement was rejected by the County Commissioners Court last Wednesday.
As a result, Mr. Garcia said, he called together all of the city's depa~ tments that would be
affected by the annexation so they can begin mobilizing to ~ovide beach-cleaning services by
January 1, 2002. He said staff followed its existing pumhasing procedures to order the necessary
equipment; in addition, they are in the process of hiring the staff for that work.
Responding to Council Member Colmenero, Assistant City Manager Utter replied that the
Commissioners voted 5-0 for a different beach-cleaning contract than originally negotiated. Deputy
City Manager Noe said staff will be bringing the Council a budget amendment, but the bulk of the
funds will come from hotel occupancy taxes, which are eli~ble for beach cleaning. The capital
funding for the equipment is on a lease-purchase basis.
Council Member Kinnison asked about the beach sticker program and the funds that the
county has already collected through it. Mr. Utter said the city cannot access those funds..Mr. Garcia
said the county has an ethical responsibility to spend those fonds on the beaches but only the
Commissioners can answer whether or not they will do so. City Attorney Bray said the county has
an obligation to spend the monies for beach-related services as defined by the General Land Office
(GLO) regulations, which includes not only beaches but also recreational facilities they have.
Mr. Garcia added that staffwill meet with GLO repres~tatives this Friday to further discuss
Minutes - Regular Council Meeting
December 11,2001
Page 17
the program. Mr. Jorge Cruz-Aedo, Director of Financial Service. said the city's beach stickers
should be ready in January. Mr. Bray said the GLO regulations state :hat in order to get a beach plan
approved, govemmental entities within a county have to provide re::procity for beach parking. Mr.
Cruz-Aedo said staff is contacting its utility billing collection a.-eas, including the HEB stores,
regarding the possibility of selling the city beach stickers at those locations.
Council Member Chesney asked if it is known how much money the county has collected
in beach permits and Mr. Garcia replied that they do not know. Mr. Chesney expressed frustration
that just since April of this year, the county has opted to not enter --to agreements with the city on
three separate occasions. Mr. Gamia replied that city staff will ccminue to try to cooperate with
county officials. Mayor Neal called for public comment.
Mr. Abel Alonzo, 1701 Thames, said that while the Counc£ cannot do anything regarding
the actions of the County Commissioners, the citizens can throu~ the election process.
Mr. Chapa polled the Council for their votes on Items 39.5 and 39.g. as follows:
39.f. M2001-470
Motion to amend the annexation ordinance for Area F in Item B prior to second reading by:
1) Amending the ordinance and service plan by corre~g the service plan for Area F,
Section B1 and B2, address for Fire Station #15 from ~1402" to "14402" Commodore
Drive.
2) Amending the ordinance and service plan, Section B. by renumbering B6 and B7 as
B7 and B8 and inserting a new B6 as follows: "B..~ Operation and Maintenance of
Parks, Playgrounds and Swimming Pools-Any ?ark that may be under the
responsibility of the County will be maintained by --e City only upon dedication of
the park by the County to the City and the City's ~ceptance of said park. In the
event any parks, playgrounds or swimming pools do _--'dst, and the parks, playgrounds
or public swimming pools are accepted as City-o,a:ed public facilities by the City
of Corpus Christi, Texas, then they will be maintained to the same extent and degree
that parks, playgrounds and swimming pools and cdaer similar areas of the City of
Corpus Christi, Texas are maintained. The City Cou-cil finds and determines that the
property known as Lot One (1), Block One (1), S2rise Shores, an unplatted sub-
division, comprising approximately one (1) acre i~ area, has not been accepted by
Nueces County as a public park, is not being accep~-xi by the City of Corpus Christi
as any type of public park and shall by annexed as _mvate property."
The foregoing motion passed by the following vote: Nea2 Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longor. a absent.
39.g. ORDINANCE NO. 024697
Ordinance annexing Mustang Island Area F, Tracts 3A_ 3B, 4 and 5 located between
Minutes - Regular Council Meeting
December 11, 2001
Page 18
Mustang Island State ['ark and the City o:Port ,xr, nsas .~4 conti~m~ons V, the c? limits
the City of Corpus Christi; providing for a service ?ia.n for the annexed area of land;
providing that the owners and inhabitants are entitled to all fights, privileges, and burdens
of other citizens and property owners of the City of Co::pus Christi and are subject to and
bound by the City Charter, ordinances, resolutions and n:2~. providing for amendment of the
official maps of the City of Corpus Christi, and provid/zg for an effective date.
The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scoz voting "Aye"; Longofia absent.
Mr. Garcia said this annexation program is very forwazd-thinking and he appreciates the
Council's support in bringing it to fruition.
Mayor Neal opened discussion on Item 40, ann~exation p' -...m for beach area of the Jones Tract.
There were no comments from the audience. City Secretary Ch .aFa polled the Council for their votes:
40. M2001-471
Motion approving an annexation calendar and authoriT/"g staff to prepare service plan and
City Council public hearings to consider annexation of approximately forty-four acres
described as: Tract 1 - A publicly and privately owned _,~-'p of land with about 9,600 feet of
gulf beach frontage, from the south most property line o.;Padre Balli County Park to a point
500 feet south of the south most property line of the Lax~zence Jones Property. The width of
the strip extends westward from the City Limit Line on fie Gulf of Mexico, being the 1.37-
foot line above mean sea level to a point along the vege~tion line approximately 200 feet
west of and generally parallel to the shoreline of the Gx/f of Mexico.
The foregoing motion passed by the following vote: N~al, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Scott voting "Aye"; Longoria and Noyola absent.
Mayor Neal opened discussion on Item 41, water service on Mustang and Padre Islands. Mr.
Utter explained that this item allows for properties on the island :o be treated similarly (if not exactly
the same) as the rest of the property in the city limits. There w~e no comments from the audience.
City Secretary Chapa polled the Council for their votes as follows:
41. FIRST READING ORDINANCE
Ordinance amending Section 55.73 of the Code of Oxtinances, City of Corpus Christi,
regarding water service on Mustang and Padre Islands.
Minutes - Regular Council Meeting
December 11, 2001
Page 19
The foregoing ordinance passed on first reading by the following vote: Neal, Chesncy,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voung "Aye"; Longoria absent.
Mayor Neal referred to Items 42-46 regarding zoning of the newly annexed areas..Mr. Utter
said staff does not believe there are any objections to the proposed zonings. He said Area C is
different in that one of the affected property owners, Mr. Laurence Jones Jr., hired expert land
planners and a legal expert to develop a plan that has fewer population densities than what the
Planning Commission or city staffwould have recommended. He said they are requesting a special
permit to move the densities around on the 1,260-acre tract owned by .Mr. Jones. Mr. Utter noted that
Mr. Jones provided the Council with a map showing the proposed intensities and densities.
Council Member Kinnison made a motion to open the public hearing on Items 42-46,
seconded by Council Member Kelly and passed. City Secretary Chapa read the description of the
proposed zonings and Mayor Neal called for public corr~nent on each one.
With regard to Item 43 (Area C), Mr. Laurence Jones Jr. thanked the Planning Department
staff for their assistance. He said they intend to have a high-quality development that is sensitive to
the needs of the environment.
There were no other comments from the public or the Council. Council Member Kinnison
made a motion to close the public hearing, seconded by Council _Member Scott and passed. Mr.
Chapa polled the Council for their votes on Items 42-46 as follows:
42.
(~a$e No, C1001-1A. Ci_ty of Corn_ us Christi (Annexation Areas A and BI: Consideration of
zoning on newly annexed territory to a "R-lB" One-family Dwelling District, located on the
east side of East Riverview Drive, south of the Nueces River. Mr. Chapa said the Planning
Commission and staff recommended approval of the "R- 1B' District.
ORDINANCE NO. 024698
Amending the Zoning Ordinance upon application by the City. of Corpus Christi by changing
the zoning map in reference to the newly annexed tracts totaling 50.841 acres, designated as
Areas A and B, by zoning as "R-lB" One-family Da-elling District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott young "Aye"; Longoria absent.
43.
Case No. 1001-2A. Ci_ty of Corn_ us Christi (Annexation Area C~: Consideration of zoning of
newly annexed territory to "F-R" Farm-Rural District, "R-1B' One-family Dwelling District
and "AT" Apartment Tourist District, located along South Padre Island Drive (Park Road
22), south of Sea Pines Drive. Mr. Chapa said the planning Commission and staff
Minutes - Regular Council Meeting
December 11, 2001
Page 20
45.
reco'm~epded appre,,al of a~, "F,.-II¥' Diqtrict v,itb a special permit for mixed use
development on Tract 1.2; an "AT" District with a specia~ ~rmit for mixed use development
on Tract 1.1; and an "AT" District on Tract 2.
ORDINANCE NO. 024699
Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing
the zoning map in reference to the newly annexed 1,282-acre tract, designated as Area C, by
zoning as "R-lB" One-family Dwelling District with a special permit for a mixed-use
development on Tract 1.2; as "AT" Apartment-Tourist District with a special permit for a
mixed-use development on Tract 1.1; and as "AT" Apa~mient-Tourist District on Tract 2;
amending the Comprehensive Plan to account for my deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola; and Scot, voting "Aye"; Longoria absent.
Case No. 1001-3A: Cit-¢ of Co?us Christi (Annexation Area DJ: Consideration of zoning
on newly annexed territory to a "F-R" Farm-Rural Di~xrict, located on the west of State
Highway 361 and south of the Corpus Christi Ship Channel. Mr. Chapa said the Planning
Commission and staff recommended approval of the "F-R" District.
ORDINANCE NO. 024700
Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing
the zoning map in reference to the newly annexed 919A --acm tract, designated as Area D,
by zoning as "F-R" Farm-Rural District; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinan~ passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scoa voting "Aye"; Longoria absent.
Case No. 1001-4A. City of Corpus Christi (Annexation Area El: Consideration of zoning on
newly annexed territory to a "F-R" Farm-Rural District, '.ocated on the Gulf of Mexico at the
Corpus Christi Ship Channel. Mr. Chapa said the Planning Commission and staff
recommended approval of the "F-R" District.
ORDINANCE NO. 024701
Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing
the zoning map in reference to the newly annexed 13,125.45-acre tract, designated as Area
E, by zoning as "F-R" Farm-Rural District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Minutes - Regular Council Meeting
December 11, 2001
Page 21
46.
Colmenero, Garrett, Kehy, Kinmson, Noyola, and Scott x .,...ng Aye Longor~a absent.
C~e No. 1001-5A. City of Corpus Christi (Annexation ArE FI: Consideration of zoning on
newly annexed territory to an "AT" Apartment-Tourist Dism.,.m located approximately 5,500
feet northeast of Mustang Island State Park to the city limit :~ine (the southeast property line
of the Windjammer Condominium) of the City of Port m. Mr. Chapa said the Planning
Commission and staff recommended approval of the "AT" Disn'ict.
ORDINANCE NO. 024702
Amending the Zoning Ordinance upon application by the Ci~- of Corpus Christi by changing
the zoning map in reference to the newly annexed tracts *xxaling 718 acres, designated as
Areas F.1 and F.2, by zoning as "AT" Apartment-Tourist District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal referred to Item 47, and a motion was made, seconded and passed to open the
public hearing on the street improvements for Southmoreland Addition and Hampshire Road.
Mr. Fred Kemper said he owns the lots at 5596 and 5598 Hampshire Road. He said that in
1986 a woman cimulated a petition in his neighborhood telling the residents that they would not have
to pay for the improvements to Hampshire Road (including curbs Md gutters). He said the current
residents do not understand the information they have received from the city regarding the
assessments for the proposed improvements.
Mr. Angel Escobar, Director of Engineering Services, said ~hat after the 1986 bond program,
a petition was cimulated for improvements to Hampshire Road. Currently there are 19 property
owners on that portion of Hampshire Road and they were notified of their assessment. He said they
were also notified that if they meet the qualifications, the CDBG grant program will pay for the cost
of the assessment. He said the street is located in a CDBG-qualified area. Mr. Kevin Stowers pointed
out that the petitions were re-validated two years ago when the project was initiated.
Responding to Council Member Colmenero, Mr. Escobar explained that citizens' petitions
for street improvements are funded on a "first-come, first-serve' basis as the monies become
available, either through a bond issue or the CDBG program (such as with Hampshire Road). He said
the petition is re-validated before the city goes out for bids on the construction. He said after the city
receives bids and the construction amounts are determined, the pro~. owners on the affected street
are sent a letter informing them about their particular assessment az(l the date of the public heating.
Mr. Escobar said three property owners on Hampshire have alrea~.- called requesting information
about the CDBG grants.
Minutes - Regular Council Meeting
December 11, 2001
Page 22
Counci'. Member Kelly said a letter that Mr. Kempe: showed to t~te (.e,mcil doc; '~ot inform
the property owners that the CDBG grants are available, much less how to apply for them. Mr.
Escobar said staff can provide a follow-up letter to the owners.
Council Member Kinnison asked about eligibility issues. Mr. Utter said the only people who
are eligible for the CDBG grants for assessments are low-income property owners who live on the
property being assessed.
Mayor Neal asked what would happen if the items concerning the Hampshire Road project
were tabled for a few weeks so staff can make a good-faith effort to talk to the neighbors. Mr.
Escobar said the bids would be good through the middle of January. Mayor Neal then made a motion
to table Items 47.b. and 47.d. until January 8, 2002 to allow staffto contact the affected persons on
Hampshire Road. Council Member Garrett seconded the motion to table and it passed. Mr. Garrett
made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary
Chapa then polled the Council for their votes on Items 47.a., 47.c. and 47.e. as follows:
47.a. ORDINANCE NO. 024703
Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas: Southmoreland Addition Street
Improvements, Phase 3A, Lewis Street between Richard and Clemmer, and Southmoreland
Addition Street Improvements, Phase 4A, Ramsey Street between Brawner Parkway and
Norton Street; imposing assessments totaling $42,036.88 against property abutting the
improvements, affected railways, and property and railway owners; fixing corresponding
liens on property and charges against properW owners; providing for subsequent adjustment
ofussessment amounts and the corresponding liens and charges based on as-built conditions;
specifying assessments payment terms and lien enforcement measures.
An emergency was declared and the foregoing ordinance .tossed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria. Noyola, and Scott voting "Aye."
47.b. TABLED
47.c. M2001-472
Motion author/zing the City Manager or his designee to execute a construction contract in
Minutes - Regular Council Meeting
December 11, 2001
Page 23
the amount of $664,099.25 with A. Orti7 Constraction :md Paving for Southmoreland
Addition Street Improvements, Phase 3A, Lewis Street between Richard and Clemmer. and
Phase 4A, Ramsey Street between Brawner Parkway and Norton Street.
The foregoing motion passed by the following vote: Neal. Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
47.d. TABLED
47.e. M2001-473
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $477,777 with Reese Contracting Inc. for minor storm drainage improvements
along Jester Street.
The foregoing motion passed by the following vote: Neal Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
48.a. WITHDRAWN
total .................................... ,~,d L ' 7D
48.b. WITHDRAWN
48.c. WITHDRA3__W.W~
Minutes - Regular Council Meeting
December 11, 2001
Page 24
48.d. WITHDRAW2N
(§12 77 ........................
Mrs J .............................
Mayor Neal referred to Item 49, and a motion was made. seconded and passed to open the
public hearing on the following zoning case:
49.
Case No. 1101-02. Rod Packard: A change of zoning from a "B-3" Business District to an
"1-2" Light Industrial District, Baywood Addition, Block 1, Lot 1, located on the southwest
comer of South Padre Island Drive and Ba~wood Lane. City Secretary Chapa said the
Planning Commission and staffrecommended denial of:he "I-2" District and he noted that
the 20% role is in effect.
Mr. Michael Gunning, Director of Planning, explained 'chat the applicant is requesting the
zoning change in order to legalize the existing outside tire repasr services and outside tire storage
occurring on the property. He said a zoning violation has been .vending at Municipal Court for the
past two years. He said the existing "B-3" District allows general business uses but no residential
uses and it does not permit any outside storage, which the "I-2- District does allow. Mr. Gunning
then showed slides of the subject and adjacent properties. Ma) or Neal called for public comment.
Ms. Mary Buhider said she owns Lot 4 and the east ~alf of Lot 5, Block 5, Baywood
Addition, which are adjacent and to the rear of the subject property. She said she also owns Lots
1,2,3,4 and 5 of Block 2, Baywood Addition, which are located ~woss Baywood Drive. She said the
subject property has old, used tires stacked all over and it resembles a junk yard. She said instead of
complying with existing zoning regulations, the property owner, is attempting to change the zoning
to legalize its use. She said she is against changing the property to industrial zoning.
Council Member Chesney made a motion to close the public hearing, seconded by Council
Member Colmenero, and passed. Council Member Scott made a motion to concur with the Planning
Commission's and staWs recommendation to deny the zoning :hange. The motion was seconded
by Council Member Garrett. Mr. Chapa polled the Council and :he motion passed as follows: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 50, and a motion was made. seconded and passed to open the
public hearing to consider amendments to Article 11, "AB" Prof~sional Office District, and Article
33, Permits, Plats and Filing Fees. There were no comments from the audience. Mr. Chesney made
Minutes - Regular Council Meeting
December 11, 2001
Page 25
a motion to close the public heating, seconded by Mr. Colmenero, ~zd passed. City Secretary Chapa
polled the Council for their votes as follows:
50. FIRST READING ORDINANCE
Ordinance amending the Zoning Ordinance by amending Article 11, "AB" Professional
Office District Regulations, by revising Section 11-2 Use IL%relations; by amending Article
33 Permits, Plats and Filing Fees, by revising Section 33-L03 Conditional Sign Permit -
"AB" District.
The foregoing ordinance passed on first reading by the :',ilowing vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to the presentation on the day's ager, Sa (Item 51), an update on city
Intemet "e-government" initiatives. Ms. Susan Cable, Director e:' Communications and Quality
Management, explained that e-government has become the new ser:.ce standard for both the public
and private sectors because it provides 24-hour, 7-days-per-week zccess, is physically convenient
and fast. With regard to service delivery, the benefits are that e-go,.~'nment provides better record-
keeping and shortens the process.
Ms. Cable said that currently the city's job application is a:-a/lable on-line for the applicant
to fill out, but it has to be printed and either mailed, faxed or broug-.~ back to the city. She said there
is also GIS information available on-line as well as a citizen commmt form. She said the challenges
facing the city in its e-government initiatives are a lack of funding mckend systems and expertise.
However, there are many competent extemal providers which offer 5exible funding, interfacing with
backend systems, hardware and technical expertise, experience ar,~ security.
Ms. Cable said that focus groups were formed to provide ~_---mt in the formation of the one-
stop development center for building inspections and other proce~-es. She said city staff has been
negotiating with Texas Local Interactive, a service provider, to ad2x'ess the following target areas:
utility bill payments and information; payment of traffic tickets md fines; job applications; and
additional applications. She said a separate contract will be neede~ :a provide building inspections
and permits on-line. The next step will be to bring back a contract _-'or the Council's consideration.
Council Member Kinnison noted that several e-govemmem 7mviders promote their services
at government conferences and he asked if staff had contacted them. Ms. Cable replied that they sent
a request for proposals to a large number of providers and staff is tt2tested in a company which can
supply as many of the services as possible. Responding to Counci2 Y4ember Colmenero, Ms. Cable
and Mr. Ogilvie Gericke, Municipal Information Systems Dire.m~r, further described security
procedures offered by Texas Local Interactive as well as web page ~afformation.
Minutes - Regular Council Meeting
December 11, 2001
Page 26
Mayor *'~eal called foi petitic.ns from ti.,e ¢udience.
Ms. Ofelia Chavez, 6136 Hidden Oaks, said that in Febrzary 2000 her husband, Juan Sema,
and a co-worker were hit from behind by Ms. Katie Rodriguez. daughter of Rene Rodriguez (an
attorney) and Judge Nelda Rodriguez. Ms. Chavez said that Miss Roddguez signed a note saying the
accident was her fault. Ms. Chavez then went on to describe ,,he expenses and lost wages her
husband has incurred as a result of the accident and the diffi~lty they have had in f'mding an
attorney to represent them. She said they are seeking assistance 5'om elected officials to remedy the
situation and will continue to publicize it.
Mr. Jack Gordy, 310 Norton, said that one of the Counc£'s executive session items that day
was regarding John Doe v. City of Corpus Christi. He said that ~-wsuit was brought against the city
because the City Manager did not want to comply with state la'a- to release information regarding
water users. He said in another instance, attomey Jorge Rangel ~dled the city for something but the
information was blacked out in the copy Mr. Gordy received. He also referred to signs publicizing
the bond projects.
Ms. Crystal Lyons, 13901 Cabana, discussed a resolution that was passed by the Committee
for Persons with Disabilities which supports the adoption and mforcement of Texas accessibility
standards in the City of Corpus Christi. The resolution notes thza one in every five Americans has
a disability and those numbers will increase as people grow proportionally older; as a result,
additional accessibility will be necessary.
Mr. Leon Perez, 904 Buford, complained that Vector Control is not adequately dealing with
the mosquito problem. City Manager Garcia described the actions that Vector Control takes.
Mr. Abel Alonzo, 1701 Thames, commended the Mayor -:md Council for appointing a diverse
group of people to the city's boards and committees.
Mayor Neal called for the City Manager's report. Mr. G~-zia said that next week the Council
will have a joint meeting at noon with the board of the Crime Control and Prevention District
followed by the Council's regular meeting. Mayor Neal said he ~-as just informed that his daughter
is expecting a child. He then called for Council concerns and ,reports.
Mr. Garrett said one of the taxicab owners said he has had trouble locating the taxicab
inspector to get his drivers permitted. Mr. Garcia said staff wiZ provide a report. Mr. Garrett also
asked Mr. Utter to provide an update on the Frost building down. own. Mr. Scott complimented staff
on the annexation process and he asked about the status of the hz:se closures. Mayor Neal said he did
not have any new information. Mr. Scott also referred to the Natioml Civic League's award program,
and he suggested that the Council spend some time in January k~ttmg their agenda for the next few
months. Mayor Neal replied that he would like to get past Jan,~_,-y 22nd fn'st.
Minutes - Regular Council Meeting
December 11, 2001
Page 27
Mr. Chesney said ne ag~eeq with Mr. S:"tt mgardi',g the need ~.o set the Council's agenda for
the coming months and he asked about the status of the marina RFPs. Mr. Garcia replied that staff
received seven responses to the RFP and throe of the respondents were interviewed. He said staff
would like the Council to authorize them to negotiate a memorandum of agreement that will explore
several issues before they make a final recommendation. He said they will make a presentation in
January. Mr. Chesney asked about a proposal made by Mr. Leon Loeb. Mr. Garcia said he spoke at
length with Mr. Loeb about the cimumstances surrounding his proposal, which involves developing
a comer of the marina rather than the whole marina area as requested in the RFP. A brief discussion
ensued. Mr. Chesney also reported illegal activity at a house across the street from Corpus Christi
Transfer, and he congratulated Mayor Neal, the outgoing president of the Texas Municipal League.
Mr. Noyola asked for information about the status of the resolution in support of
neighborhood improvements, and he commented favorably on an event sponsored by the Tejano
Academy of Fine Arts. Mr. Colmenero reported a pedestrian accident across the street from Texan
Trail and he expressed concern about safety issues there. He also asked for information about the
revitalization of Louisiana Parkway and he announced that he was elected as an at-large
representative for the Hispanic Elected Local Officials organization.
Mr. Kelly complimented staff on negotiating landscaping improvements to Leopard Street,
and he asked when the top coat will be constructed there. Mr. Escobar said it can be applied after it
stops raining and the surface dries. He said it should take about three weeks to lay the hot mix. Mr.
Kinnison agreed that the Council needs to hold a mini-retreat soon.
Mr. Longoria asked about the status of the policy regarding a civilian union. Mr. Garcia
replied that he met today with representatives of the United Steel Workers of America. who
presented staffwith a proposed agreement they would like the city to adopt. He said the union will
be holding elections for officers on January 12, 2002.
Responding to another question from Mr. Longoria, Mayor Neal said the newspaper reported
that he and Mr. Garrett had withdrawn their support for the dues check-off issue. The Mayor said
he cannot speak for Mr. Garrett, but he has not withdrawn his support for a policy to deal with the
union. He said both issues will be coming back to the Council on January 22, 2002. In reply to Mr.
Kinnison, Mr. Garcia said some Texas cities which have dues check-off also have v, xitten
agreements with civilian unions. He said staffwill be developing a policy that deals with unions. Mr.
Chesney made the distinction that the Council directed staffto develop a general policy as opposed
to an agreement with a specific union. Mr. Garcia emphasized that staff's recommendation all along
has been against the formation of a civilian union, dues check-off and developing this policy.
However, the Council directed him to develop a policy and he will continue to meet with
representatives of any employee groups. He noted that on January 22, 2002, staff will bring back the
dues check-off item and a policy on how to deal with unions.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:10 p.m. on December 11,2001.
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Neptune Technology
Group Inc., Tallasee, AL for 2,638 cold water displacement type and turbine type water meters
in accordance with Bid Invitation No. BI-0174-01 based on low bid, low bid meeting '
specifications and best bid for an estimated annual expenditure of $1 I4,355. The term of the
supply agreement will be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted in FY 01-02 by the Water Department. i .
Purpose: The water meters are installed ia new and replacement applications
throughout the City's xxater distribution system to record customer
water constlmption. ~
Previous Contract:
The option to extend the current contract was not exercised, d~e to
the vendor's inability to supply the meters on a timely basis.
Bid Invitation Issued: Twelve
Bids Received: Five
Pricing Analysis:
When compared to the last bid of June 1999 pricing has remained
stable.
Award Basis:
Low Bid - Items 1.3 - 1.5
Low Bid Meetin~ Specifications - Items 1.1, 1.2, 2.1 and 2 2
The bids submitted by Hersey Meters Inc. and ABB Water Meters
Inc. do not meet specification requirements regarding NSF
Standard 60/61 certification.
Funding:
Michael BaXrrera, C.~.
Procurement and General Services Manager
Best Bid - Items 2.3-2.7,
ldersey Meters Inc. docs not meet specification requirements
regacd~ng NSF Standard 00./61 certification. Badger Meter Inc. has
taken exception to specifications regarding buyback of i
noncompliant meters. ABB Water Meter Inc. was previously
under contract for water meters but has a record of poor
performance regarding timely delivery of meters. Therefore, an
award to Neptune Technology Group Inc. has been deemed to be
in the best interest of the City.
Water Department 550040-4010-31510 $90,000 r/
520150-4010-31520 30,000
Total $120~000
BID INVITATION NO. BI-0174-01
WATER METERS
SUYER: MARIA GARZA
ITEM DESCRIPTION QTY UNIq
1.1 5/8"X 3/4"
1.4 1 1/2" with two hole
companion flange
1,5 2" with 2 hole companion
flange
20 QOLD WATER TURBINE
METERS
2.1 1 1/2" turbine meter
w/companion flange
2.2 2" turbine meter with
companion flanges
2.3 3" turbine meter
2.4 4" turbine meter
2,5 6" turbine meter w/strainer
2.6 8" turbine meter w/strainer
2000 eac~
400 each
100 each
50 each
30 each
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
20 each
20 each
10 each
2 each
4 eac~
1 each
1 each
-~ERSEY METERS INC.
;LEVEl_AND, NC
UNIT TOTAL
PRICE PRICE
(1)
$22.89 $45780.0£
NEPTUNE TECHNOLOGY
GROUP INC.
TALLASSEE, AL
UNIT TOTAL
PRICE PRICE
$23.40 $46.800.00
(1)
41.00
60.40
155.00
225.00
(2)
268.00
(2)
268.00
(2)
309.00
(2)
534.00
(2)
1,56400
ABB WATER
METERS, INC.
OCALA, FL
UNIT TOTAL
PRICE PRICE
16,40000 41 O0 16.400.00
6.04000 6025 6.025.00
7,75000 154 O0 7.700,00
6,750.00 220.00 6.600.00
5,360.00 277.00 5.540.00
5.360.00 277.00 6.~40.01]
3,090.0G 41500 4.1S0.0~
1,068,0¢ 750.00 1,6oo.oc
6,2560£ 1,70000 6.800.0(
2.249 O{ 2.800.00
(2)
3,30000 4.500.00
$3410 $68,2000¢
BADGER METER, INC.
MILWAUKEE, WI
UNIT TOTAL
PRICE PRICE
$3175 $6~,500.00
(1)
40.00
6425
18275
255.95
307.00
313.00
(8)
409.00
(3)
589.00
(3)
16,000 OC 46.50 18,60000
6,425.0C 7225 7,225.00
9,1375( 185.00 9,250.00
7,678.50 224,75 6,742.50
6,140.00 325.00 6,500,0(;
6,260,00 355,00 7,100.0C
4,090.00 49500 4,950.0C
(4)
1,178.00 695.00 1,390.00
(4) { ,
6.780.00 1,599.00 6,396.00
(3) (4)
2,505 O0t 2,25000I
{3) (4)
2.7 10" turbine meter w/strainer 3.800.001 ' 3595.001
Total Award: $109,403,00 $114,355,00 $138,19400 $1~7,498.50
(1) The bids submitted by Hersey Meters Inc. and ABB Water Meters Inc. do not meet specification requirements regarding
NSF Standard 60/61 certification.
(2) The bids submitted by Hersey Meters inc. does not meet specification requirements regarding
NSF Standard 60/61 cert~cation.
(3) ABB Water Meter Inc. was previously under contract for water meters but has a record of poor performance regarding
timely delivery of meters,
(4) Badger Meter inc. has taken exception to specifications regarding buyback of noncompliant meters.
3
Ir~ '
AGENDA MEMORANDUM
December 18, 2001
SUBJECT: J.C. Elliott Landfill Sector 9 Liner Improvements & Final Cover System
Installation, Phase 2 (Projects #5124 & #5125)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $1,755,778.35 with Environmental Specialities
International, Inc., of Baton Rouge, Louisiana for the Sector 9 Liner Improvements & Final
Cover System Installation, Phase 2 (J. C. Elliott Landfill).
ISSUE: Liner Improvements and Final Cover Systems are required by the Texas Natural
Resource Conservation Commission (TNRCC).
FUNDING: Funding is available from the Public Health and Safety Capital Improvement
Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~ Date
Director - Solid Waste Services
~T~,ngel R. Escobar, . . ' Date
Director- Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Preliminary Budget
Exhibit C - Location Map
Exhibit D - Bid Tabulation
H:\HOM E\KEVINS~GEN\LAND FILL\S ECTO R9\^CTRAWD.M
ADDITIONAL INFORMATION
BACKGROUND: The J. C. Elliott Landfill consists of a series of disposal areas that are
developed as needed. Landfills have evolved from simple disposal sites with limited
improvement into engineered systems providing a high level of environmental protection.
Each disposal area within the J. C. Elliott Landfill consists of a disposal cell/sector with
liners, monitoring requirements, leachate collection systems, and gas collection systems.
A final cover is installed after an area has been filled to ensure compliance with TNRCC
regulations.
The currently-used disposal area (Sector 8) was constructed during 1999. Construction
of the next disposal cell, identified as Sector 9, needs to proceed at this time to ensure that
the constructed cell will be ready when required. The City also needs to proceed with next
Final Cover System (Phase 2) for J. C. Elliott Landfill.
PRIOR COUNCIL ACTION:
May 15. 2001 -
1. Motion authorizing the City Manager, or his designee, to execute an engineering
services contract with Shiner, Moseley and Associates, Inc. in an amount not to
exceed $148,600 for the J. C. Elliott Landfill Sector 9 Liner Improvements and
Phase 2 Final Cover System (M2001-180).
2. Motion authorizing the City Manager, or his designee, to execute a contract with
Trinity Engineering Testing Corporation for a fee not to exceed $187,498 for Quality
Control Testing, Soil and Liner Evaluation ReportJGeomembrane Liner Evaluation
RepoWBallast Evaluation Report and Final Cover System Evaluation Report for the
J. C. Elliott Landfill Expansion Sector 9 Liner Improvements and Phase 2 Final
Cover System (M2001-181 ).
PROJECT DESCRIPTION: This project consists of the construction of Sector 9 and
installation of the next phase (Phase 2) of the final cover system. Sector 9 involves the
construction of a composite clay and geomembrane liner and leachate collection system
on an area of approximately ten (10) acres. Phase 2 of the Final Cover system includes
site clearing and grading, excavation, backfill, geosynthetic geocomposite, linear Iow
density polyethylene geomembrane, drainage geocomposite, protective soil cover, topsoil,
concrete retaining walls, and erosion control by seeding.
BID INFORMATION: A total of four (4) proposals were received on December 5, 2001,
with bids ranging from $1,755,778.35 to $2,531,128.05 (see Exhibit D - Bid Tabulation).
The high bidder submitted a bid bond dated December 29, 2001 which is deemed non-
responsive. The qualified Iow bidder was Environmental Specialities International, Inc., of
Baton Rouge, Louisiana with a bid of $1,755,778.35. The engineer's estimate was
$2,247,869.
Exhibit "A" J
Page 1 of 2
BID RECOMMENDATION: Environmental Specialities is an established company whose
principals and employees are experienced with projects of this nature, having successfully
completed similar projects including the first final cover project for the City. After reviewing
the company's capabilities, the City's consultant Shiner, Moseley & Associates, Inc., and
City staff recommend that Environmental Specialities be awarded the construction contract
in the amount of $1,755,778.35.
CONTRACT TERMS: The contract specifies that the project Sector 9 will be completed
first within 90 calendar days, and the entire project will be completed within 180 calendar
days. Completion of Sector 9 is anticipated during April, 2002, with completion of the
entire project by the summer of 2002.
I Exhibit "A" I
Page 2 of 2
J. C. Elliott Landfill Expansion Sector 9 Liner Imorovements
& Phase 2 Closure
Preliminary Project Budget
December 11, 2001
FUNDS AVAILABLE:
Public Health and Safety Bond Funds ........................
Total ............................................................................
$2.275.456.35
$2,275,456.35
~IRED:
Construction Contract
Sector 9 Liner Liner Installation (A/E Est.) ........
Phase 2 Closure (A/E Est.) ...............................
Project Contingency (10%) ..........................................
QA/QC Testing Contract
Sector Liner Liner Installation ..........................
Phase 2 Closure ...............................................
Engineering Design/Permit (Shiner, Moseley)
Sector Liner Liner Installation ..........................
Phase 2 Closure ...............................................
Construction Inspection (in NE contract) ....................
Survey (in A/E contract) ..............................................
Engineering Project Liaison .........................................
Incidental Expenses (Printing, Advertising, etc.) .........
TOTAL .........................................................................
$ 899,278.60
$ 856,499.75
$175,580.00
$104,288.00
$ 83,210.00
$ 77,215.00
$ 71,385.00
$ -0-
$ -0-
$ 4,000.00
$ 4,000.00
$2,275,456.35
Exhibit B I
Page 1 of 1
\ Mproject \, councilexhibits \ exh ~12 4~5125.dwg
F. kt. 665
F.M. 43
LOCATION BAP
N.T.S.
I CLOSED SECTION OF LANDFILL
AREA UMITS
P[RIMETER SITE
SECTOR 9 ~cc[ss ROm
UNER IMPROVEMENTS ~
c,ov. ,
~s~ 2~ //
k k // PR~ECT S~TE
PROJECT ~ 5124 & ~ ~125~ ~
J.C. ELLZOTT LANDFZLL SECTOR 9
LZNER IMPROVEMENTS & FINAL COVER
SYSTEM ZNSTALLATZON , PHASE 2
Cl~ OF CORPUS CHRIST, TE~S
NUMBER
ICURRENT LANDFILL
AREA SECTORS
EXHZBZT "C"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 12-11-200 !
AGENDA MEMORANDUM
DATE: November 27, 2001
SUBJECT: Zavala Senior Center Drainage Improvements (Project No. 4168)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Bay Area Contracting & Construction, Inc. in the amount of
$80,047 for the Zavala Senior Center Drainage Improvements.
ISSUE: The earthen area between the Zavala Senior Center and the Joe Garza Swimming
Pool has been a source of continuing drainage problems for several years. The firm of
Bright + Dykemas Architects, Inc. was hired to correct the drainage problems. Plans and
Specifications are complete to proceed with the construction phase.
FUNDING: Funds for this project are available from the FY 1998-1999 and FY 1999-2000
Community Development Block Grant (CDBG) Program.
RECOMMENDATION: St~)ff recommends approval of the motion as presented.
/,~lc~rl~ R'art, b,j~/o~of l~ou~ir~g ~'~'[¢~Angel R. Escobar, P. E!,' ' -
and CommdTlity Development ~ Director of Engineering Services
Additional Support Material:
Exhibit"A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tabulation
Exhibit"D" Location Map
H:\HO M E~VE LMAR~G E N'tCOBG\ZAVALA~A 168~G E N DA MEMO
BACKGROUND INFORMATION
SUBJECT: Zavala Senior Center Drainage Improvements (Project No. 4168)
PRIOR COUNCIL ACTION:
1. May 12, 1998 - Ordinance approving FY 1998-1999 Community Development Block
Grant (CDBG) Program (Ordinance No. 023313).
2. May 18, 1999 - Ordinance approving FY 1999-2000 Community Development Block
Grant (CDBG) Program (Ordinance No. 023637).
PRIOR ADMINISTRATIVE ACTION:
1. March 3, 1999 - Executed Agreement with Bright + Dykemas Architects, Inc. for the
Zavala Senior Center Drainage Improvements in the amount of $8,000.
2. December 17, 1999 - Executed Amendment No. 1 to the Agreement with Bright +
Dykemas Architects, Inc. for the Zavala Senior Center Drainage Improvements in
the amount of $4,266.67, for a total restated fee of $12,266.67.
PROJECT BACKGROUND: The Zavala Senior Center is located in the central part of
Corpus Christi at 510 Osage. The earthen area between the Zavala Senior Center and the
Joe Garza Swimming Pool has been a source of continuing drainage problems for several
years. The firm of Bright + Dykemas Architects, I~c. was hired to correct the drainage
problems. Design Phase has proceeded utilizing additional funding from a subsequent year
under the Community Development Block Grant (CDBG) Program. The consultant contract
was amended to incorporate site beautification as specified in the CDBG Program. Upon
project completion, the drainage problems will be eliminated, and the central courtyard
provided with decorative concrete congregation walking and sitting facilities.
PROJECT DESCRIPTION: The project consists of demolition, concrete walkway
construction and modifications, concrete slab construction, concrete paver installation,
landscaping, irrigation system installation, custom steel fencing, minor electrical work, and
earthwork in accordance with the plans, specifications and contract documents.
*BID INFORMATION: The project consists of a Base Bid and two (2)Additive Alternates.
The City received proposals from four (4) bidders on November 14, 2001. See Exhibit "C"
Bid Tabulation. The bids range as follows:
· Base Bid from $61,810 to $80,661
· Additive Alternate No. 1 from $14,500 to $82,561
· Additive Alternate No. 2 from $3,737 to $86,868
EXHIBIT "A"
Page I of 2
The Engineer's estimated construction cost is $83,717. The Bid Proposal submitted by
M&M Road and Construction, Inc. of Corpus Christi, Texas did not include the correct
company name and is therefore considered a non-responsive bid.
The City's consultant, Bright + Dykemas Architects, Inc., and City staff recommend that
based on Iow bid and past satisfactory experience, the Base Bid and two (2) Additive
Alternates be awarded in the amount of $80,047 to Bay Area Contracting & Construction,
Inc. of Corpus Chdsti, Texas for the Zavala Senior Center Drainage Improvements.
CONTRACT TERMS: The contract specifies that the project will be completed in 120
calendar days, with completion anticipated by the end of April 2002.
FUNDING: Funds for this project are available from the FY 1998-1999 and FY 1999-2000
Community Development Block Grant (CDBG) Program.
H:IH OMEtVELMAR~GEN~CDBG'tZAVALA'~AGEN DA BACKGROUND
EXHIBIT "A"
Page 2 of 2
ZAVALA SENIOR CENTER DRAINAGE IMPROVEMENTS
(Project No. 4168)
Project Budget
November 27, 2001
FUNDS AVAILABLE:
CDBG 1998 - 99 (530000-1050-859907) [Drainage] ........................
CDBG 1999 - 00 (530000-1050-850012) [Beautify] ...........................
Total .......................................................................................
FUNDS REQUIRED:
Construction (Bay Area Contracting & Construction, Inc.) ..................
Contingencies (10%) ..................................................................
Consultant (Bright + Dykemas Architects) .......................................
Consultant (Jesse Barrera) .........................................................
Facilities Management ...............................................................
Major Projects ...........................................................................
Survey ....................................................................................
Construction Inspection ..............................................................
ADA Review (TX Dept. of Licensing and Regulation) .........................
Testing ..................................................................................
Printing ....................................................................................
Advertising ...............................................................................
Total .....................................................................................
BUDGET
$100,000.00
40,000.00
$140,000.00
$80,047.00
8,004.70
12,266.67
613.00
307.00
2,500.00
456.00
5,000.00
600.00
1,000.00
500.00
500.00
$111,794.37
H:~HOME~VELMAR\GENICDBGtZAVALA'~PROJECT BUDGET
IEXHIBIT "B" I
Page 1 of I
Tabulated by:
Date: November 14. 2001
Tabulation of Bids
Department of Engineering- City of Corpus Christi, Texas
Angel R. Escobar, P.E., Director of Engineering Services
Time of Completion: 120 calendar days Engineer's Est.:
page 1 of 2
$ 83,717.00
Project: Zavala Senior Center Bay -Area Contracting MCC Enterprises
Drainage Improvements & Construction, Inc. PO Box 260316
Project No.: 4168 3902 S. Port Ave. Corpus Christi, Texas 78426-0316
Corpus Christi, Texas 78415
Item:
Description:
Unit Price Amount
Unit Price Amount
Total Base Bid
All work and materials required
$ 61,810.00
$ 80,661.00
to complete the project described
in the contract doucments.
Total Base Bid +
Base Bid, plus aggreagate and
$ 76,310.00
$ 82,561.00
Additive Alternate
cobblestone surface applied to
No. 1
the concrete drainage swale.
Total Base Bid +
Base Bid + Additivew Alt.
$ 80,047.00
$ 86,868.00
Additive Alternate
No. 1, plus at two locations,
No. 1 +
provided a fixed steel picket fence
Additive Alternate
(between Sr. Center and Joe Garza
No.2
Pool Bath house).
Tabulation of Bids
Department of Engineering- City of Corpus Christi, Texas
page 2 of 2
Project: Zavala Senior Center Reese Contracting M&M Road and
Drainage Improvements PO Box 8352 Construction, Inc. "
Project No.: 4168 Corpus Christi, Texas 78468 1250 McBride
Corpus Chrsiti, Texas 78407
Item:
Description:
Unit Price Amount
Unit Price Amount
Total Base Bid
All work and materials required
$ 78,777.00
$ 71,750.00
to complete the project described
in the contract doucments.
Total Base Bid +
Base Bid, plus aggreagate and
$ 79,777.00
$ 75,200.00
Additive Alternate
cobblestone surface applied to
No. 1
the concrete drainage Swale.
Total Base Bid +
Base Bid + Additivew Alt.
$ 83,777.00
$ 79,750.00
Additive Alternate
No. 1, plus at two locations,
No. 1 +
provided a fixed steel picket fence
Additive Alternate
(between Sr. Center and Joe Garza
No.2
Pool Bath house).
'• Nonresponsive bid, due to incorrect company name on supplied bid bond.
File : \Mproject\councilexhibit$\exh4168.dwg
= ~R~T -- ~ ~ } .] '4 /"~ X X~ CORPUS CHRISTI BAY
LOCATION ~P
NOT TO SCALE
NOT TO SCALE
CITY PROJECT NO. 4168 EXHIBIT "D"
ZAVALA SENIOR CENTER
DRAINAGE IMPROVEMENTS
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHZBT_T
DEPAR77vlENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 11-21-2001
5
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 4, 2001
AGENDA ITEM: Ordinance abandoning and vacating 2308.71-square foot portion of a
foot wide, utility easement out of Block CR, Levek Tract; requiring the owner, Kimco Realty
Corporation, to comply with the specified conditions and replat the property within 180 days
at owner's expense; and declaring an emergency.
ISSUE: On behalf of Kimco Realty Corporation, Urban Engineering is requesting the
easement closure to remove the easement from the property to allow for the expansion of a
building for a business venture.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE:
expense.
RECOMMENDATION:
emergency basis.
Owner must replat the property within 180 days at its
Staff recommends approval of the ordinance as presented on an
(~-~ 'Angel R. Escobar, P.E. '
Director of Engineering Services
Attachments:
Exhibit A - Background Information
Exhibit B - Site Location Map
Ordinance
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Purpose of Request and Location of Property.
On behalf of Kimco Realty Corporation, Urban Engineering is requesting the abandonment
and vacation of a 2308.71-square foot portion of a 10-foot wide utility easement out of Block
CR, Levek Tract. The abandonment and vacation (closure) of the utility easement is needed
to allow Kimco Realty Corporation to construct a 26,300 square foot expansion to an existing
retail center to accomodate a new business, Bed, Bath and Beyond.
The new business will be located in the southwest quadrant of the intersection of South
Padre Island Drive and Everhart Street, directly south of Chick-FiI-A. The new building will
be an eastward addition to the building occupied by Shoe Carnival, with expansion extending
about 160 feet into the existing parking lot. Other business in the retail center are Ross and
Best Buy.
Platting Requirements and Issuance of Building Permits.
The closure of an easement requires replatting (or platting) within 180 days after City Council
approves the closure. Additionally, no building permits can be issued for the construction of
this building until the matter of the easement closure is approved by Council. Plans for the
new building are currently under review in the City's Building Division.
Responses from Public and Franchised Utilities.
All public and private franchised utilities were contacted regarding the requested closure. The
Wastewater and Water Departments both have existing utilities within the portion of utility
easement requesting to be abandoned. The owner has been apprised of the requirement that
these two utilities be relocated at his expense. Southwestern Bell Telephone Company also
had no objections to the abandonment and vacation of this easement with the condition that
any existing telephone facilities in the easement right-of-way be relocated at the property
owner's expense, including the acquisition of any additional utility easements. There were
no other objections regarding the proposed easement abandonment.
Staff Recommendations.
Staff has recommended approval of the ordinance as presented and that payment of the fair
market value be waived because Owner will be dedicating a utility easement of equal or
greater value to off-set the proposed abandonment. The owner has been advised of and
concurs with the conditions of the easement abandonment.
h:\...\gen~ag0 l\esmt-clo\leve k.m
EXHIBIT A
LOCA
TION
/ SHOE BUI~ING~
r
.................................... ~ ~_ _ ~ _ _~
.UBA CLOSURE EXHmBmT
EASEMENT
ENGINEERING BLOCK C~ City o~ Corpus Christi
s c.m~ LEVEK T~ACT. Depa~ment of Engineering Se~ices
AN ORDINANCE
ABANDONING AND VACATING A 2,308.71 SQUARE FOOT PORTION
OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF BLOCK CR,
LEVEK TRACT; REQUIRING THE OWNER, KIMCO REALTY,
CORPORATION, TO COMPLY WITH THE SPECIFIED CONDITIONS
AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S
EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 2,308.71 square foot portion of a 10 foot wide utility easement out of
Block CR, Levek Tract, as recorded in Volume 56, Pages 130, Map Records Nueces County,
Texas, that the owner, Kimco Realty Corporation, (Owner), wishes to have abandoned and
vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus
Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the
provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 2,308.71 square foot portion of a 10 foot wide utility easement out of
Block CR, Levek Tract, as recorded in Volume 56, Pages 130, Map Records Nueces County,
Texas is abandoned and vacated for public use as a utility easement, subject to Owner's
compliance with the following specified conditions as part of the abandonment and vacation:
That payment of fair market value by Owner be made in the amount of $3,660 for the
vacating and abandonment of this portion of the 10 foot ~vide utility easement.
The Owner must replat the portions of Levek Tract being abandoned and vacated within
180 days at Owner's expense; provided however, the City Engineer may extend the time
limit for an additional 180 days if extenuating circumstances outside the Owner's control
necessitate an extension.
SECTION 2. That upon written request of the Mayor or five council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings so
that this ordinance is passed and takes effect upon first reading as an emergency measure this the
18th day of December, 2001.
L:\LEG-DIR\JOSEPH\WORD\ORD-Lcvek.doc
AGENDA MEMORANDUM
RECOMMENDATION: Motion authorizing the City Manager or his designee to execute a
contract with Utility Revenue Management Company, Inc., Houston, Texas to provide utility
revenue enhancement services for a term of thirty-six months in consideration of payment up to
50% of Increased Revenues, based on total amount of Increased Revenues collected.
BACKGROUND:
Purpose:
The contract will enhance the City's efforts of collecting revenues due
from Water, Wastewater, Gas and Solid Waste Services. The specific
scope of work includes identification of oppommities for revenue
recovery through corrections of problems not previously identified by
staff through meter inaccuracy, theft of service, and/or billing related
inconsistencies. Through effective utilization of the contractor's
proprietary software and database, the City will be able to identify
and isolate those accounts that reflect inconsistencies against nationai
averages of consumption for various types of customers and accounts.
The contractor will identify and analyze the causes of revenue loss
from unbilled or misbilled water, wastewater, gas and solid waste
usage, quantify the potential revenue enhancement associated with
the correction of those problems and manage the implementation and
execution of the corrective action.
RFP's Issued:
Two
RFP's Received:
One
Due to the specialized nature of this service, the potential for
receiving multiple proposals was limited and acknowledged from
the start of the process.
Award Basis:
The proposal was evaluated on the company's background and
experience (35 points), their method of approach (35 points) and the
proposed fee schedule (30 points). The average score for URM was
83 points. The company has provided similar services for the City of
Atlanta, City of Austin, City of Nashville, City of San Diego (CA)
and Jefferson Parish, LA. Through the company's efforts, increased
revenues in excess of $29 million dollars were identified for all of
these entities combined.
Funding: The contract provides for funds to be paid from the actual monies
collected through the company's revenue enhancement efforts.
Theretbre, no appropriated funds tbr the current fiscal year will be
4~~~~required to support this contract.
Michael B~arrera, C P I~
Procurement & General Services Manager
CONTRACT SUMMARY
1. Services to be Provided: Utility Revenue Management Company, Inc. (Contractor) will
provide the investigation, work order and field services necessary to maximize the billable
revenues to all Accounts for water, wastewater, gas and/or solid waste services provided by the
City.
2. Definitions:
(a) Account: The term "Account" means water, wastewater, gas and/or solid waste
service of any nature being rendered or delivered by the City for which service the City is
entitled to receive payment. The term Account does not include any domestic untreated
or contract raw water service being provided, firelines to the extent specified in the
contract, or meters at water treatment plants.
(b) Base Revenue: the average monthly billings on an Account for up to twelve-month
period immediately preceding the Contractor's notation of error on an Account.
(c) Increased Revenues: The amount of monthly income received by the City on an
Account, over and above the Base Revenue subsequent to corrective action being taken
on said Account, where such corrective action was approved in writing by the City's
Project Manager in accordance with the contract.
3. Term: 36 months, subject to termination with or without cause upon 30 days notice. Contract
may be extended for twelve months after initial term.
4. Payment: If any work performed by Contractor resulted in Increased Revenues on an Account,
the amount of monthly Increased Revenues including backbills for that Account will be shared
for a term of 36 months. The allocation will depend upon the total amount of Increased
Revenues collected from all Accounts up to that time:
Total amount of Increased Revenues
Collected by City for All Accounts
Allocation of Increased Revenues
City Contractor
Up to $1.0 million dollars
$1.0 million through $1.5 million dollars
Over $1.5 million dollars
50% 50%
55% 45%
60% 40%
5. All payments to Contractor will be from Increased Revenues.
6. Expenses. All out-of-pocket expenses incurred by the City in repairing or replacing meters
shall first be paid from the aggregate mnount of Increased Revenues from all Accounts on which
the Contractor has performed work.
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting on December 18, 2001
AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a three-
year agreement with Fairway Systems, Inc. for a software license and to provide software
support to the City's two golf courses, -
ISSUE: The current Software Agreement for the golf operations at both courses expires
December 31,2001. The approval of this software support agreement is necessary in order
to ensure that the software system currently used at both municipal golf courses is maintained
at a level appropriate to maximizing both operational efficiencies and customer satisfaction.
This software is responsible for all of the tee times, merchandising sales, Point of Sale control,
inventory control, etc. for the golf operations.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year agreements.
FUNDING: This Agreement has been funded in the Park & Recreation Golf Division Lease
Operating Budget under Lease/Purchase Payments.
RECOMMENDATION: Staff recommends that the three-year Software License and Support
Agreement be approved.
ADDITIONAL SUPPORT MATERIAL
Background Information
Agreement Summary
Resolution
Marco A. Cisneros,
Director of Park and Recreation
X
X
X
AGENDA MEMORANDUM
BACKGROUNDINFORMATION
BACKGROUND: In July of 1998, the City of Corpus Christi entered into a Software Agreement
with Fairway Systems, Inc. for the purchase of hardware and software for a golf management
system to be utilized by both municipal golf courses. This was a three-year agreement which
allowed the City to make monthly payments for hardware, software and software support. The
December 2001 payment is the last payment under this contract. There is currently no
mechanism in place to extend software support or to receive new releases and updates beyond
December 2001. This Agreement will provide for the software license and software support
at the current level for an additional three years as well as provide for the licensing of the
software and the receipt of updates and new releases.
AGENDA MEMORANDUM
AGREEMENT SUMMARY
1. The City of Corpus Christi's golf courses use a golf management system created by Fairway
Systems, Inc.
2. The current software license and support agreement expires on December 31,2001.
3. The new Software License and Support Agreement provides for software support, software
licensing, upgrades and new releases for a three-year period beginning January 1,2002,
and ending December 31, 2004.
4. The new Agreement requires a fee of $12,000 for calendar year 2002 and $16,000 per year
for the subsequent two years of the contract term, to be invoiced monthly.
5. The City may terminate this Agreement at any time, for any reason, by providing written
notice to Fairway Systems, Inc.
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A THREE-YEAR AGREEMENT WITH FAIRWAY SYSTEMS, INC., TO PRO-
VIDE SOFTWARE LICENSING AND SUPPORT TO THE CITY'S TWO GOLF
COURSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a three-year
agreement with Fairway Systems, Inc., to provide software licensing and support to the
City's two golf courses, Gabe Lozano, Sr., Golf Center and Oso Beach Municipal Golf
Course. A copy of the agreement is on rite with the City Secretary.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on
the __ day of _ ,2001.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM on the /~)--~ay of
JAMES R. BRAY JR., CITY A-I-TORNEY
Elizabe~R. Hundle:, Assil~tant City Att~J~y
Samuel L Neal, Jr., Mayor
8
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 6, 2001
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept additional grant funding in the
amount of $7,900 from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Departments role in the Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
B. Ordinance appropriating $7,900 in the No. 1050 Federal/State Grants fund fi.om the
Executive Office of the President, Office of National Drug Control Policy to support the
Police Department's role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area; and declaring an emergency.
ISSUE: The Office of National Drug Control Policy is providing additional funds for the FY
2001/2002 year for the City to participate in the Texas Coastal Corridor High Intensity Drug
Trafficking Area Initiative (HIDTA).
BACKGROUND INFORMATION: The Corpus Christi Police Department is in the fifth year as a
participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by
the Executive Office of the President, Office of National Drug Control Policy. The additional funds
will provide lease vehicles for 3 Corpus Christi Police Officers working overtime under the grant.
The program focuses on this specific geographic area because it serves as a conduit for narcotics into
Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct
illegitimate businesses with a consumer base that affects the local population with residual crime.
Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug
Enforcement Administration, Internal Revenue Service, U. S Customs, and the Bureau of Alcohol,
Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics
trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces,
Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics
through this area will be disrupted and long entrenched families of narcotics traffickers will be
apprehended. The profits fi.om the sales of narcotics will be identified and seized and the intelligence
gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country.
Chief of Police (
ADDITIONAL SUPPORT MATERIAL
Cooperative Agreement
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
Washington, D.C. 20503
August 21, 2001
Chief Pete Alvarez, Jr.
Corpus Christi Police Dept.
321 John Sartain Street
Corpus Christi, TX 78403
Dear Chief Alvarez, Jr.:
Cooperative Agreement #I 1PHNP517 has been increased and now totals $162,242.
The original and one copy of Modification I are enclosed. If you accept this modification,
sign the Modification and return a copy to The Assistance Center in Miami. Keep the
original copy of the Modification for your file.
All terms and conditions of the original award apply to the Modification. If you have any
questions pertaining to this grant axvard, please feel free to contact Phuong DeSear on
202-395-6739.
~chnlid ~
National HIDTA Director
Enclosures
Executive Office of the President
Office of National Drug Control Policy
I. Recipient Name and Address
Corpus Christi Police Dept.
321 John Sartain Street
Corpus Christi, TX 78403
AWARD
Cooperative Agreement
Page lofl
4. Award Number: I1PHNP517
5.Project Period: 1/1/2001 to 12/31/2001
Budget Period: 1/1/2001 to 12/31/2001
IA. Recipient IRS/Vendor No. 6. Date: 8/21/200I 7. Action
2. Subrecipient Name and Address 8. Supplement Number I [] Initial
[] Supplemental
2A. Subrecipiem IRS/Vendor No. 9. Previous Award Amount $154,342
3. Project Title 10. Amount of This Award $7,900
Texas Coastal Corridor Initiative initiative
12. Special Conditions (Check, if applicable)
11. Total Award $162,242
[~] The Cooperative Agreement approved subject to such conditions or limitations as are set
above
is
forth in the original Cooperative Agreement.
1. Statutory Authority for Grant: Public Law 106-554
AGENCY APPROVAL
14.Typed Name and Title of Approving ONDCP
16.
18.
Official
Kurt F~ Schmid
O!ffice 9fNational Drug Control Policy
Acco ting Classification Code 19. HI
RECIPIENT ACCEPTANCE
15. Typed Name and Title of Authorized Recipient
Official
Chief Pete Alvarez, Jr.
Corpus Christi Police Dept.
I7. Signature of Authorized Recipient
TA AWARD
Date
Budget Detail Report
HIDTA Location: Houston
Task Force: Texas Coastal Corridor Initiative
Recipient Agency: Corpus Christi Police Department
Resource Agency: Corpus Christi Police Department
Fiscal Year: 2001
Grant: I1PHNP517
Personnel: Name
Program Analyst
Administrative Aide
Annual Time Amount
$40,000.00 1 $40,000
$20,500.00 1 $20,500
Total Personnel: $60,500.00
Benefits:
Name
Program Analyst
Administrative Aide
Annual Time Amount
$10,000.00 1 $I0,000
$5,000.00 1 $5,000
Total Benefits: $15,000.00
Overtime:
Position
Investigator
Investigator
Investigator
Hours Rate Amount
270.00 $33.00 $8,910
270.00 $33.00 $8,910
270.00 $33.00 $8,910
Total Overtime: $26,730.00
Services:
Name
Radio Airtime/Maintenance
License Plate Reader Installation
Reprogram from Texas Coastal Corridor IRS
Months
12
1
1
Rate
$176.00
$50,000.00
$7,900.00
Total Services:
Amount
$2,112
$50,000
$7,900
$60~012.00
Total: $162,242
Page I or' I
ORDINANCE
APPROPRIATING $7,900 IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE
OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE
DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR
INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING
AREA; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $7,900 is appropriated in the No. 1050 Federal/State Grants Fund from the
Executive Office of the President. Office of National Drug Control Policy, to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the
City Council (1) finds and declares un 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
2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~ZC~,~,I'~ 11%2001
James R. Bray, Jr.
City Attorney
By:
Lisa Aguilar ~)
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
H:\LEG-DIR\LISA\ORD3\ORD3.462
9
COUNCIL MEMORANDUM
RECOMMENDATION: (A) Appropriating $ 103,495 from the unreserved fund balance in
the No. 9010 Crime Control and Prevention District Fund and amending the FY 01-02 budget,
adopted by Ordinance No. 024528, to increase appropriations by $103,495 in the No. 9010
Crime Control and Prevention District Fund for the purchase of five police vehicles; and
declaring an emergency.
(B) Motion approving the purchase of 44 police package sedans in accordance with Bid
Invitation No. BI-0036-02 from Padre Ford, Corpus Christi, Texas based on low bid for a total of
$910,756. Thirty-eight (38) of the sedans are replacements and six (6) are additions to the fleet.
Funding is available from the FY01-02 Capital Outlay Fund and the Crime Control and
Prevention Fund.
Purpose:
These police package sedans will be used by the Police
department for normal police work. The six additions to
the fleet will be used by the Crime Control and Prevention
District.
Bid Invitations Issued:
8
Bid Invitations Received:
2
Basis of Award:
Low Bid
Price Comparison:
The City purchased thirty-seven police patrol sedans last
year for a unit price of $21,320.
Maintenance Services
550020-5110-40110
Capital Outlay Item No.126
$683,067
Crime Control and Prevention District
550040-9010-11711
550020~9010-11717
Capital Outlay ltemNos. 122&124
81,000
202,495
M~chaelXBarrera, AP M
Procurement & General Services Manager
Total:
$966,562
City of Corpus Christi
Purchasing Division
Bid Tabulation
Bid Invitation No. BI-0036-02
Police Patrol Sedans
Quantity: 44 each
Unit Price Total
Padre Ford
Corpus Christi, Texas
$20,699.00
$ 910.756.00
Crosstown Ford Sales, Inc.
Corpus Christi, Texas
20,994.00
923,736.00
ORDINANCE
APPROPRIATING $103,495 FROM THE UNRESERVED FUND BALANCE
IN THE NO. 9010 CRIME CONTROL AND PREVENTION DISTRICT FUND
AND AMENDING THE FY 01-02 BUDGET, ADOPTED BY ORDINANCE
NO. 024528, TO INCREASE APPROPRIATIONS BY $103,495 IN THE NO.
9010 CRIME CONTROL AND PREVENTION DISTRICT FUND FOR THE
PURCHASE OF FIVE POLICE VEHICLES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $103,495 is appropriated from the unreserved fund balance in the No. 9010
Crime Control and Prevention District Fund and amending the FY01-02 Budget, adopted by
Ordinance No. 024528. to increase appropriations by $103,495 in the No. 9010 Crime Control and
Prevention District Fund for the purchase of fixe police vehicles.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the
City Council (1) finds and declares an emergency due to the need for immediate action necessary for
the efficient and effective administration of City affairs and (2)suspends the Charter rule that requires
consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed
and takes effect upon first reading as an emergency measure this the __ day of ,
2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~i'~-~¼~-~r- ~2_ ,2001
James R. Bray, Jr.
City Attorney
Lisa Aguilar
Assistant City Auornc~
Samuel L. Neal, Jr.
Mayor
H:\LEG- DIR\LISA\ORD3\ORD3.461
~,.~......ll~
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 7, 2001
AGENDA ITEM: Resolution authorizing the submission of a grant application in the mount of
$60,180 to the State of Texas, Criminal Justice Division for Year 3 funding available under the
Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit.
ISSUE:. Third year funding is available 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·
BACKGROUND INFORMATION: The grant continues the Police Department's Family Violence
Unit 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, reassurance, and guidance for resolving
problems and referrals to other social sen, ice agencies.
The grant covers the salary/benefits for a Victim Case Manager, equipment, supplies, training, and
mileage· /he case manager provides 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
located at the District and County Attorneys office. Primary and secondary victims of crime are
assisted in an effort to stabilize their lives after victimization, help victims to understand and
participate in the criminal justice system, and provide victims of crime with a measure of safety and
security. The case manager also works closely through coalitions and with other agencies in an
ongoing effort to identify needs and to improve the quality and continuity of services to victims in the
community. Additionally, they provide training to community groups regarding victimization issues
and available resources, thereby increasing community awareness.
FUNDING: The grant application deadline to the local Council of Governments is January 4, 2002
with funding available 7/1/02 - 6/30/03. The State provides $48,144 and the City $12,036, which is
a 20% required grant match that may be in-kind or cash contribution· Volunteer hours provide
$4,336 toward the match with the law enforcement trust fund providing $7,700 for equipment,
supplies, and travel. The funding is not on a declining percentage or ending funding cycle with the
State approving funding for the first three years·
REQUIRED COUNCll, ACTION: Approval to submit the grant.
RECOMMENDATION: Staffrecommends submission of the grant.
· varez. J~f~
Chief of P°lic~e-'~
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Victims of Crime Act (VOCA) Fund
Project Narrative
l. Problem Statement and Data
Crime victims and their families are often so severely traumatized by violent crime that
their ability to function in daily life is greatly impaired and they are often unable to seek
the resources available to assist them. Most victims have little knowledge and experience
with community resources or where to begin to seek help. The criminal justice system
itself can be confusing and overwhelming for victims, and their lack of knowledge about
the process can contribute to a sense of helplessness and frustration, often leading to
decreased cooperation with law enforcement and prosecution efforts.
The Corpus Christi Police Department's FBI Uniform Crime Reports reflecting the
number of violent crimes for the past six years and current to date:
Part One 1995 1996 1997 1998 1999 2000 Jan-Sept
Crime 2001
Homicide 31 18 18 16 15 15 14
Rape 216 276 154 143 194 193 163
Robbery 504 485 428 352 388 436 410
Agg. Assault 2,013 2,241 2,267 1,583 1,885 1,457 1,248
Total # 2,764 3,020 2,867 2,095 2,482 2,101 1,835
offenses
FBI, Uniform Crime Report, Corpus Christi Police De artment
These numbers do not include approximately 3,000 domestic violence cases repotted to
the Police Department; they also do not include victims of burglaries, DWI/Hit and Run
traffic incidents, terroristic threats, harassment, stalking, or other crimes.
2. Goal Statement
The overall goal of the Victim Advocacy Section is to minimize the impact of crime on
the victims of violent crime and their family members, and to assist the victim regain a
sense of control over their lives by re-establishing trust and stability within the criminal
justice system. Services to attain the goal include, but are not limited to crisis
intervention, community recourses information and referral, legal advocacy, victims'
compensation assistance.
3. Target Group
The project will serve Corpus Christi, (population 280,000, 123 square miles) and target
the victims of violent crimes including burglary of a habitation, DWI/Hit & Run traffic
incidents, terroristic threats, harassment, stalking, homicide, assault, rape, robbery, and
Page I
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Victims of Crime Act (VOCA) Fund
other violent crimes. Victim will be provided advocacy services regardless of gender,
ethnicity, age, or income.
4. Project Activities
The Corpus Christi Police Departments' Victim Advocacy Section is specifically
designed to address the needs of victims of violent crimes. January 15, 2001 was the
initiation of the Victim Advocacy Section. During the VOCA Grant Fiscal Year of 06-01-
00 to 05-31-01, the victim advocate served 681 victims representing 1,795 units of
service (i.e. crisis intervention, information and referral, justice support, etc.) and
anticipates providing services to 1000 victims in the 2001-2002 fiscal year.
Providing crime victims information on the criminal justice system, empower victims,
often leading to better cooperation with law enforcement and prosecution efforts.
The Corpus Christi Police Department Family Violence Unit or the Criminal
Investigative Division assign cases to the victim case manager. Victim case
managers will also identify victims of violent crime by reviewing offense reports
generated by the Corpus Christi Police Department. They will contact crime
victims by letter, by phone, or in person for the purpose of outreach, follow up,
arrest notification, information and referral, or assistance with criminal justice
procedures. They will serve as liaison between victims whose cases are being
investigated and the investigators/criminal justice system. They will assist
victims in understanding department policies and procedures and notifying them
of progress on their cases.
b. Direct services will include:
2.
3.
4.
5.
9.
10.
Crisis counseling/crisis inter~'ention
Safety Planning
Assisting victims w/understanding CCPD policies and procedures
Assistance with emergency financial needs.
Notification regarding eligibility and assistance with application to the
Crime Victim Compensation fund, including notary services.
Criminal justice support and case information
Advocating on victims' behalf with other agencies and within the criminal
justice system
Information and referrals to local social service agencies
Victim Case follow-up
Notification to victims of parole eligibility dates and discharge dates
Create and distribute public service announcements about the availability and
duties of the Crime Victims Case Manger. Make presentations to law
enforcement and community groups on various topics related to victims of crime.
Page 2
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE I)MSION
City of Corpus Christi, Texas
Victims of Crime Act (VOCA) Fund
Responds to requests from the Attorney Generals Office for paper~vork related to
all cases filed for Compensation. In 1998 the crime victim liaison responded to
425 cases; in 1999, 281; in 2000, 379. Currently for the year 2001, the victim
case manager has responded to 269 requests from the Attorney Generals Office.
5. Project Objectives
Project Objective 1: Our primary goal is to provide victims of violent crimes advocacy
services to address their individual needs regarding victimization.
Output Measure Fiscal Year 2003: Provide advocacy services to 1000 victims of
violent crimes. Advocacy services include one or more of the services: crisis
counseling, information and referral, criminal justice support advocacy,
emergency legal advocacy, assistance filing compensation claims and protective
orders, personal advocacy, follow-up contact, and safety planning.
Outcome Measure Fiscal Year2003: Victims provided with support and advocacy
services will live independemly of violence. An increase in number of victims
filing charges for assaults and increase in number of victims who are assisted in
applying for magistrate orders, protective orders and crime victim compensation.
Project Objective 2: The secondary goal for the victims of violent crimes advocacy
services is to create public awareness and education to all persons subject to direct or
secondary effects of victims of violent crimes.
Output Measure Fiscal Year 2003: To provide law enforcement personnel and
community service agencies with victim sensitivity training to problems facing
victims of domestic violence. Educate the public on domestic violence and
related issues by participating in presentations and information booths, training
seminars, and fairs.
Out Come Measures Fiscal Year 2003: Increase the number of referrals by law
enforcement officers and community agencies due to and established working
relationship with law enforcement and community agencies.
Current Data and Target Levels:
Target Level
Victims Assisted with Advocacy Services GrantYear GrantYear Gram Year
2000-2001 2001-2002 2002-2003
Crisis Counselin~lntervention 136 90 150
Follow-Up 158 155 250
Information and Referral in Person 230 142 300
Page 3
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
City of Corpus Christi, Texas
Victims of Crime Act (VOCA) Fund
Telephone Contact Information and Referral 240 173 400
Mail Information and Referral 235 288 500
Justice Support Advocacy 363 280 600
Emergency Financial Assistance 19 7 20
Emergency Advocacy-Magistrate Orders 40 18 40
Crime Victim Compensation Claims 52 45 65
Personal Advocacy 221 120 200
Attorney General Report Requests 10 t 168 250
Law Enforcement Training & Community Speeches 163 20 200
Current Data:
Total
Victims Served by Type of Victimization GrantYear G-rantYear Victims Served
2000-2001 . 2001-2002 Jan 15-Oct 31,2001
Child Physical Abuse 11 29 40
Child Sexual Abuse 27 34 61
DUI/DWI 6 14 20
Domestic Violence 447 239 686
Adult Sexual Assault 27 28 55
Elder Abuse 13 12 25
Adults Molested As Children 2 2 4
Survivors of Homicide Victims 15 10 25
Robbery/Burgiary 4 24 28
Assaults Non-Family Related 144 183 327
Harassment/Terror Threat 28 24 52
Runaways 6 8 14
Other 3 2 5
Total Victims of Crime Served 733 609 1342
· We anticipate the unit will be able to provide services to over 2,000 victims of violent
crime.
Documentation of victim contacts: The victim case manager will document all
contacts with victims. Information collected will include age, gender, race, number
and description of services provided to each victim and the dates of those services.
Documentation will also reflect the request for assistance with filing criminal charges
and assistance with crime victims' compensation. This system will allow the case
manager to track the case through the criminal justice system to final disposition.
PROJECT SUMMARY
The Victim Case Manager provides services designed to provide intervention based on
assessed needs to victims of all types of violent crime. From first contact through follow
Page 4
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Victims of Crime Act (VOCA) Fund
up, staff seeks to identify immediate and long-term needs. The case manager provides
services such as crisis intervention, assistance with obtaining basic necessities, clear and
accurate information~ emotional support, referrals to local agencies, or advocacy on the
victim's behalf. The ultimate goal being to help the victim regain a sense of
independence and control over their lives and minimize the impact of the crime on the
victim and family. When the victim receives appropriate counseling, referral, and
guidance, the victim has the opportunity to restore equilibrium that existed prior to the
victimization much more quickly. As the victim is able to rely on systems in place to
help, the victim can reestablish trust and a sense of stability.
Page 5
APPLICATION FOR GRANT FUNDING
OF¥1CE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
City of Corpus Christi, Texas
Victims of Crime Act (VOCA) Fund
BUDGET SUMMARY
Categor~ CJD Grantee In-Kind Total
Personnel $ 42,476 $ $ 4,336 $ 46,812
Professional and Contractual $ $ $ - $
Travel and Training $ 522 $ 2,500 $ - $ 3,022
Equipment $ $ 3,000 $ - $ 3,000
,Supplies $ 5,146 $ 2,200 $ $ 7,346
'Total Direct Charges $ 48,144 $ 7,700 $ 4,336 $ 60,180
Indirect Costs (not allowed) $ $ $ - $
I'OTAL $ 48,144 $ 7,700 $ 4,336 $ 60,180
ESTIMATED PROGRAM INCOME: The project does not anticipate earning any program
income.
PERSONNEL: Total = $46,812; CJI) = $42,476; Grantee In-Kind = $4,336
Salaries = $35,236
Victim Case Manager 100% of time $30,900
Volunteer Staff: 542 hours valued at $8/hour
$ 4,336
The full-time Victim Case Manager will provide the following services: Crisis intervention,
assistance with criminal justice proceedings, assistance filling crime vic(un compensation
applications, personal advocacy, assessment of needs and referral, telephone follow-up,
information gathering, volunteer recruitment/training/supervision, community, education, grant
record keeping, and sensitivity training to law enforcement officers.
Volunteers will contribute 542 hours valued at the hourly rate of $8 providing an in-kind
contribution of $4,336 during the proposed grant period.
Fringe Benefits - $11,576
Fringe Benefits on $ 30,90~
Texas Municipal Retirement System 10.92% $ 3,374
FICA 7.65% $ 2,364
Insurance $ 5,838
total Fringe Benefits $ 11,576
PROFESSIONAL AND CONTRACTUAL: The project does not anticipate any professional
or contractual services.
Page6
APPLICATION FOR GRANT FUNDING .................................................
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Victims of Crime Act (VOCA) Fund
TRAVEL and TRAINING: Total = $3,022; CID = $522; Grantee = $2,500
Travel and Training CJD Grantee
A. In-state travel and training costs $ - $ 2,500
B. Local mileage: 1,512 miles annually ~ .345/mile $ 522 $
C. Out-of state travel and training costs $ - $
A. Costs will be used to send the employee to training conferences within Texas related to crime
victim issues. Costs will be expended using the City of Corpus Christi travel policy which
uses the Runzheimer Travel index to provide per diem quotations; additional costs may
include tuition, lodging, rental cars, and other related fees.
B. Local mileage rate is according to City of Corpus Christi established mileage rate. Case
Manager will use own vehicle to contact victims at homes, attend meetings at other agencies,
and attend conferences and training sessions.
C. At this time we are unable to be specific in other out-of-town training opportunities and the
costs to be paid by this grant funding
EQUIPMENT: Total = $3,000; Grantee = $3,000
Equipment Local
Copy machine $ 1,000
Computer for volunteers to enter information into data base $ 2,000
Total $ 3,000
The case manager and volunteers to administer the program will use the equipment.
SUPPLIES: Total = $7.346: CJD = $5.146; Grantee = $2,200
Supplies CJI) Local
A. Office supplies $ 1,000 $
B Communications
1. Cellular phone airtime (35 x 12) $ 360 $
2. Pager($6x 12) $ 721 $
C. Printing educational literature _ $ 2,964 $
D. Postage $ 7512 $
E. ]Miscellaneous office equipment $ $ 2,200
The case manager and volunteers to administer the program will use the supplies.
Page 7
VOCA 02/03
Cate~or}, CJI) Grantee In-Kind Total
Personnel $ 42,476 $ $ 4,336 $ 46,812
Personnel: Victim's Case Manager 100% time $ 30,900 $ $ $ 30,900
Fringe Benefits: retirement, insurance $ 11,576 $ ; $ $ 11,576
Volunteer staff: 542 hours valued at $8/hour $ I $ 4,336 $ 4,336
14 hours per week
Professional and Contractual $ $ $ $
Travel and Traimng $ 522 : $ 2,500 $ $ 3,022
Equipment $ !$ 3,000 $ $ 3,000
Supplies $ 5,146 $ 2,200 $ $ 7,346
Total Direct Charges $ 48,144 $ 7,700 $ 4,336 $ 60,180
Indirect Costs (not allowed) $ $ $ $
TOTAL $ 48,144 $ 7,700 $ 4,336 $ 60,180
80.000% 20.0001oA
$ 12,036
Fringe Benefits on $ 30,900
Texas Municipal Retirement System 10.92% $ 3,374
FICA 7.65% $ 2.364
Insumnce $ 5.838
Total Fringe Benefits $ 11,576
rravei and Trainin~ CID Local
A. In-state travel and training costs $ $ 2,500
B. Local mileage: 126 miles/mo ~ .345/mile $ 522 $
Total $ 522 $ 2,500 $ 3,022
Equipment CJI) Local
Copy Machine $ $ 1,000 '
Computer for volunteers to enter info into database $ 2,000
Total $ $ 3,000 $ 3,000
Supplies CJD Local lnKind
A. Office supplies $ 1,000 $ $
B. Communications
1. Celhilarphoneairtime(35x12) $ 360 $ $
2. Pager ($6x 12) $ 72 $ $
C. Printing educational literature $ 2,964 $ $
D. Postage $ 750 $ $
E. Miscellaneous office equipment $ $ 2,200 $
Total $ 5,146 $ 2,200 $ $ 7,346
12/7/01 VOGABUDGET010203.XLS/0203
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
A GRANT APPLICATION IN THE AMOUNT OF $60,180 TO THE STATE
OF TEXAS, CRIMINAL JUSTICE DIVISION, FOR YEAR 3 FUNDING
AVAILABLE UNDER THE VICTIMS OF CRIME ACT FUND FOR THE
POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application
of $60,180 to the State of Texas, Criminal Justice Division, for Year 3 funding available under the
Victims of Crime Act Fund for the Police Department's Family Violence Unit.
SECTION 2. The City of Corpus Christi will provide matching grant funds of $7,700 and in-kind
contribution of $4.336.
SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City
of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved ~: c~.~ I ~-,2001: ,lames R. Bra)', Jr., CiD' Attorney
By:
Lisa Aguilar ~
Assistant City Attorney
H:\LEG-DIR\LISA~R ES\RES.069
'~ - r
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 7, 2001
AGENDA ITEM: Resolution authorizing the submission of a grant application in the mount of
$88,435 to the State of Texas, Criminal Justice Division for Year 3 funding available under the
Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit.
ISSUE:. Third year funding is available from the State of Texas, Criminal Justice Division, under the
Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of
reducing and preventing violence against women.
BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit
which utilizes officers and volunteers to contact every family violence victim when a written report is
made by a field officer or from a walk-in to the unit at the Police Department. The grant funds one
Victim Case Manager to contact victims who often fear retaliation and violence when the offender is
released following arrest; contact with an advocate (case manager) can provide information
concerning alternatives, available services, and protective orders to avoid continued violence. The
case manager serves to establish and encourage a working relationship between social agencies and
the Police Department and provides educational opportunities to the community through speaking
engagements, public service announcements, distribution of literature, etc. The long term goal of the
grant is to provide victims of domestic violence and other serious crimes with crisis intervention,
follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available
resources, and assist with immediate and long-term safety needs.
FUNDING: This year the Criminal Justice Division is changing the funding cycle for VAWA grants
to a September I start date; therefore this grant application covers a 15-month period from 6/1/02 to
08/31/03.
The State provides $66.305 and the City $22,130. a 25% required grant match that may be in-kind or
cash contribution. We are utilizing the volunteer hours from other agencies Child Protective Services,
Police volunteers, etc. to provide $13,520 toward the match. The law enforcement trust fund is
providing $8,610 for supplies, travel, and miscellaneous equipment. The funding is not on a declining
percentage or ending funding cycle with the State approving funding for the first three years. The
grant application deadline to the local Council of Governments is 01/04/02.
REQUIRED COUNCIL ACTION: Approval to submit the grant.
RECOMMENDATION: Staff recommends submission of the grant.
Chief of Police
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Violence Against Women Act (VAWA)
Project Narrative
1. Problem Statement and Data
Family violence is an especially corrosive social problem and is unmistakably a causative
factor of crime and social disorder. With the number of cases doubling from 2,367 in
1993 to 4,086 in 2000, officers have become solely dedicated to investigating a case and
can provide little time for assistance. Therefore, the Victim Advocacy Section is needed
to ensure that victims are afforded their rights from the reporting of the crime through the
final disposition of the offender.
Family Violence offenses for the City of Corpus Christi are detailed below according to
the state statute penal code offense:
2001
FAMILY VIOLENCE OFFENSES 1998 1999 2000 Jan-Oct
HS 481.115 Possession Controlled Substance FV 0 3 9 0
ItS 481.121 Possession of Marijuana FV 0 3 5 1
HS 483.041 Possession of Dangerous Drag 0 0 1 0
PC 19.02 Attempted Murder FV 1 0 0 0
PC 19.02 Murder FV 1 2 2 2
PC 19.03 Capital Murder FV 0 I 0 3
PC 20.02 False Imprisonmoat FV 2 8 11 10
PC 20.03 Kidnapping FV 2 3 3 3
PC 20.04 Aggravated Kidnapping FV 2 4 0 2
PC 21.11 Indecency With A Cinld FV 50 38 46 42
PC 22.01 Asseult-Farmly - CMfFV I 0 2 0
PC 22.01 Assault FV 3240 3206 3096 2325
PC 22.011 Attempted Sexual Assault FV 1 I 2 3
PC 22.01 t Sexual Assault FV 22 37 30 31
PC 22.02 Attempted Aggravated Assault FV 4 4 3 0
~C 22.02 Aggravated Assault (Drive-by) FV I 0 0 0
PC 22.02 Aggravated Assault FV 164 180 182 179
PC 22.021 Aggravated Sexual Assault FV 52 40 44 46
PC 22.04 Attempted Injury to a Child/Elderly FV 0 0 1 0
PC 22.04 Injury to a Chilct/Elderlv FV 139 136 140 78
~C 22,041 Abandon~xffEndmlgenng Child FV 6 l 1 9 5
PC 22.05 Deadly Conduct FV 8 7 10 10
PC 22.07 Terroristic Threats FV 428 445 365 239
PC 25.02 Proh Sex Cond FV 0 3 0 1
PC 25.03 Child Custedy FV 2 I 3 3
PC 25.07 Violation of Protective Order FV 76 73 37 29
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
City of Corpus Christi, Texas
Violence Against Women Act (VAWA)
PC 28.02 Attempted Arson 0 0 1 0
PC 28.03 Criminal Mischief FV 32 20 14 13
PC 29.02 Robbery FV 1 4 2 1
PC 29.03 Attempted Aggravated Robbery. FV 1 0 0 0
PC 29.03 Aggravated Robbery FV 0 I 2 2
PC 30.02 Burglary FV 5 8 14 14
PC 30.05 Crinfinal Trespass FV 13 5 4 3
PC 31.03 Theft FV 1 2 4 5
PC 31.07 Unauthorized Use of Motor Vehicle FV 0 I 0 0
PC 36.06 Retaliation FV 3 3 1 4
PC 38.02 Failure to Identify FV 2 0 0 0
PC 38.03 Resisting Arrest FV 12 9 6 2
PC 38.04 Evading Arrest FV 9 3 4 3
PC 3805 Hindering Arrest FV 1 0 0 0
PC 42.01 Disorderly Conduct FV 0 5 2 2
PC 42.07 Harassment FV 82 41 25 28
PC 42.071 Stalking FV 0 1 4 1
PC 42.072 Stalking FV 6 8 0 4
PC 42.12 Discharging Firearm 0 0 I 2
PC 46.02 carrm, g Weapons FV 2 I I 1
TOTAL 4,372 4,318 4,086 3,097
PC = Penal Code: FV = Fanuly Violence: CM = Class "C' ~Misdemeanor DB = Drive-by shooting
Goal Statement
The goal is to lessen the trauma experienced as a direct result of victimization by
providing victims of domestic violence and other serious crimes with follow up
assistance, encouraging cooperation with law enforcement personnel, facilitating
utilization of available resources, and assisting with immediate and long-term safety
needs.
Target Group
The project will serve the city of Corpus Christi, (population 280,000, 123 square miles)
and target the victims of domestic violence cases. These cases include assault/aggravated
assault, child abuse, violation of a protective order, kidnapping, homicide, harassment,
terroristic threat, stalking, and sexual assault. Victims of other very serious violent
crimes may also receive services as part of this project.
Project Activities
The Corpus Christi Police Department's Victim Advocacy Section is specifically
designed to address the needs of family violence victims and victims of other
2
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Violence Against Women Act (VAWA)
serious crimes. The Victim Advocacy Section was established on January 15,
2001, and designated a civilian Victim Case Manager to contact victims of family
violence by telephone and conduct follow up contacts~ The case manager serves
as liaison between victims whose cases are being investigated and the
investigators/criminal justice system. They will assist victims in understanding
department policies and procedures and notifying them of progress on their cases.
Direct
1.
2.
3.
4.
services will include:
Crisis counseling/crisis imervemion
Safety Planning
Transportation to emergency shelter or other safe location
Assistance with obtaining the Magistrate's Order for Emergency
Protection and with obtaining the one-year protective order.
Assistance with emergency financial needs.
Notification regarding eligibility and assistance with application to the
Crime Victim Compensation fund, including notau services.
Criminal justice information
Personal advocacy/intervention
Information and referrals to local social service agencies
Create and distribute public service armouncemems about the availability and
duties of the Victim Case Manger. The first year of operation, the case manager
developed a Victim Advocacy Brochure, Safety Plan, and Victim Services
Announcement. These items were provided to patrol officers for distribution. In
addition, they were distributed throughout the city and to other social service
agencies.
The Case manager will provide training to police departmem personnel who deal
directly with victims and to community groups to increase awareness of domestic
violence and sexual assault related issues and available services. During January
15, 2001 thru May 31, 2001, the Victim Case Manager trained 64 law
enforcement officers at 6 training sessions.
Project Objectives
Output Measures:
2.
3.
4.
5.
Number of cases reported to Family Violence Unit
Number of cases assigned to Family Violence Unit
Number of cases filed by Family Violence Unit
Number of cases cleared by Family Violence Unit
Documentation of victim comacts: The victim case manager will document all
contacts with victims of domestic violence. Information collected will include
age, gender, race, number and description of services provided to each victim and
the dates of those services. Documentation will also reflect the request for
assistance with filing criminal charges on the abuse, protective orders, and
assistance with crime victims' compensation. This system will allow the case
3
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Violence Against Women Act (VAWA)
6.
manager to track the case through the criminal justice system to final disposition.
Reporting of Case Manager Public Awareness Activities:
a. Number of educational programs presented
b. Number of man-hours devoted to public education of services
c. Number of contacts with community agencies
Outcome Measures and Target Levels
· The Family Violence Unit should see an estimated 10% increase in the number of
successfully filed domestic violence cases. It is expected that victims who are now
receiving intensive follow up services will demonstrate a higher level of cooperation
than victims who receive no services at all will. The data below illustrates the number
of cases filed by CCPD since the inception of the Victim Advocacy Section has more
than tripled.
· With the increased publicity and community awareness, we anticipate the number of
reported cases will increase by 10%. The number of case reported to the police since
the Victim Advocacy Section was established has more than tripled.
· The number of officers to be trained is estimated at 80; this includes 20 cadet trainees
and 3 in-service sessions of approximately 20 officers each.
· We anticipate the unit to be able to provide services to over 1,200 victims of family
violence.
· The Victim Advocacy Section provides law enforcement personnel and community
service agencies with victim sensitivity training. In less than one calendar year, we
have trained 102 people at 8 presentations. We anticipate educating and training
approximately 100 people; this includes 20 cadet trainees, 3 in-service sessions of
approximately 20 officers each, and 20 civilians and community members.
Current Data:
Total Offenses Sept. - Dec. 1999 Jan. - Dec. 2000 Jan. -Oct. 2001
Reported 1,888 7, 035 5,394
Assigned 1,888 7,035 5,394
Filed 1,152 5,222 4,024
Victims Served by Type of Grant Year Grant Year Total
Victimization June 2000- June 2001- Victims Served
May 2001 May 2002 Jan 15-Oct 31,2001
Family Violence 398 625 1023
Sexual Assault 16 20 36
Stalking 11 4 15
Other 34 11 45
..................................... APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Violence Against Women Act (VAWA)
Current Data and Target Levels:
Target
Victims Assisted with Advocacy Grant Year Grant Year Level
Services June2000- June 2001- Grant Year
May 2001 May 2002 June 2002-
May 2003
Crisis Counselin$/Intervention 45 90 150
-~ollow-Up/Mail Contact & Referral 254 155 250
Information and Referral in Person 89 142 300
Telephone Contact Information and 144 173 400
Referral
Justice Support Advocacy 327 280 600
Emergency Financial Assistance 5 7 20
Emergency Advocacy-Magistrate i 92 18 40
Orders
Crime Victim Compensation Claims 19 45 65
Personal Advocacy 58 120 200
Law Enforcement Trainings 64 42 100
and community presentations
Totals 1097 1030 2025
PROJECT SUMMARY
Family violence is an especially corrosive social problem and is unmistakably a causative
factor of crime and social disorder. Since 1993, the number of family violence cases
reported to the police department has almost doubled from 2,367 to 4,086 in 2000. As a
result of this increase in family violence incidents, the Corpus Christi Police Department
has become more responsive to family violence incidents by developing arrest-preferred
policies, realizing that a pro-arrest policy in cases of Domestic Violence could effectively
reduce the incidents of future violence. These policies generally require the officer to
arrest the primary aggressor in every domestic violence incident. Because of the large
number of incidents, the officers are solely dedicated to investigations and can provide
little time for assistance. Therefore, a Victim Advocacy Section has been established
within the police department and a Victim Case Manager has been assigned to the Family
Violence Unit to provide services to victims and their family members.
The goal of the Victim Advocacy Section is to fill in the gaps in existing victim services.
We are here to ensure that victims are afforded their rights from the outcry, the reporting
of the crime to the final disposition of the offender. The Victim Case Manager helps
achieve this goal by providing victims of domestic violence and other serious violent
crimes with follow up assistance, encouraging cooperation with law enforcement,
facilitating utilization of available resources, and assisting with immediate and long-term
safety needs. The Victim Case Manager will conduct the initial intake interview with
5
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Violence Al~ainst Women Act (VAWA)
BUDGET SUMMARY 15- month period
Category. CJI) Grantee In-Kind Total
Personnel $ 53.096 $ $ 13.520 $ 66,616
~rofessional and Contractual $ $ $ $
Travel and Training $ 1,768$ 485 $ $ 2,253
Equipment $ , $ 5,00~ $ $ 5,000
Supplies $ 4,385 $ 3,125 $ $ 7,510
Total Direct Charges $ 59,24[ $ 8,61C $ 13,520 $ 81,379
Indirect Costs (11.91% of direct $ 7,057 $ $ $ 7,057
:barges)
tOTAL $ 66,30.~$ 8,610 $ 13,520 $ 88,435
ESTIMATED PROGRAM INCOME: The project does not anticipate earning any program
income.
PERSONNEL: Total = $66,616; CJI3 = $53,096; In-Kind = $13,520
Salaries = $53,096
Victim Case Manager 100% of time $38,625
Volunteer staff, 1690 hours valued at $8/hour $13,520
Fringe Benefits = $14,471
Fringe Benefits on $ 38,625
Texas Municipal RetiremenL~y_s_t~ _. 10.92% $ 4,218
FICA 7.65% $ 2,955
Insurance $ 7,298
Total Fringe Benefits $ 14,471:
PROFESSIONAL AND CONTRACTUAL: No services are requested.
TRAVEL and TRAINING: Total = $2,253; CJD = $1,768; Grantee = $485
~ CJD I Local
In-state travel and training costs 1 ~21580 $ 4850
Local mileage: 100 miles/mo. ~ 345/mile $
A. Costs will be used to send the employee to training conferences within Texas related to crime
victim issues. Costs will be expended using the City of Corpus Christi travel policy which
uses the Runzheimer Travel index to provide per diem quotations; additional costs may
include tuition, lodging, rental cars, and other related fees.
7
APPLICATION FOR GRANT FUNDING
OFFICE OF T~IE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Violence Against Women Act (VAWA)
victims and inform them of ail available options for assistance, both through the police
department as well as other agencies in the community. They will work with local social
service agencies to ensure that victims receive the necessary counseling to help them
recuperate from the crime. In addition, they will walk the victim through the Criminal
Justice System from the initiai intake to the final hearing and will provide any follow-up
casework activities needed by the victim, including, but not limited to completing a
personai safety plan. In addition to direct services to victims, the Case Manager will
work directly with community groups to increase awareness of domestic violence and
sex-ual assault related issues and available services.
6
APPLICATION FOR GRANT FUNDING
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSION
City of Corpus Christi, Texas
Violence Against Women Act (VAWA)
B. Local mileage rate is according to City of Corpus Christi established mileage rate. Case
Manager will use own vehicle to contact victims at homes, attend meetings at other agencies,
and attend conferences and training sessions.
At this time we are unable to be specific in other out-of-town training opportunities and the costs
to be paid by this grant funding.
EQUIPMENT: Total = $5,000; Grantee = $5,000
IVideo projector for computer I$ 5,0001
The case manager and volunteers to administer the program will use the equipment.
SUPPLIES: Total = $7,510; CJD $4,385; Grantee $3,125
CJI) Local
A. Office supplies $ 625 $
B. Communications
1. Cellular phone airtime (30 x 15) $ 4512 $
2. Pa$er($6x 15) $ 90 $
C. Priming educational literature $ 2845 $
D. Postage $ 375 !$
E. Miscellaneous office equipment $ :$ 3,125
The case manager and volunteers to administer the program will use the supplies.
INDIRECT COSTS: Total = $7,057
Total Direct Charges $
Indirect Costs (11.91% of direct charges) $
Based on the approved cost allocation plan from the City of Corpus Christi.
59,249
7,057
VAWA 02/03 15 month period
Cate§or~ CJD Grnntee In-Kind Total
Personnel: total $ 53,096 $ $ 13,520 ' $ 66,616
Victim's Case Manager 100% time $ 38,625 $ $ $ 38,625
Fringe Benefits: retirement, insurance $ 14,471 $ $ $ 14,471
Volunteer staff: 1690 hours valued at $8/hour $ $ 13,520 $ 13,520
estimated 26 hours per week (65 wks)
Professional and Contractual $ $ $ $
~Fravel and Training $ 1,768 $ 485 $ $ 2,253
Equipment $ $ 5,000 $ $ 5,000
Supplies $ 4,385 $ 3,125 $ $ 7,510
['otal Direct Charges $ 59,248 $ 8,610 $ 13,520 $ 81,378
Indirect Costs (l 1.91% ofdire~ct charges) $ 7,057 $ $ $ 7,057
TOTAL $ 66,305 $ 8,610 $ 13,520 $ 88,435
75% 25.024%
$ 22,130
Fringe Benefits on $ 38,625
Texas Municipal Retirement System 10.92% $ 4,218
FICA 7.65% $ 2,955
Insurance $ 7,298
Total Fringe Benefits $ 14,471
Yravel and Trnininl[ CJD Local
A. In-state travel and training costs $ 1,250 $ 485
B. Local mileage: 100 miles/mo ~ .345/mile $ 518 $
Total $ 1,768 $ 485 $ 2,253
Equipment CJD Local
Video Projector for computer $ $ 5,000
Total $ $ 5,000 $ 5,000
Supplies CID Local
A. Office supplies $ 625 $
B. Communications
1. Cellular phone airtime (50 x 15) $ 750 $
2. Pager($9xl5) $ 135 $
C. Printing educational literature $ 2,500 $
D. Postage $ 375 $
E. Miscellaneous office equipment $ $ 3.125
Total $ 4385 $ 3,125 $ 7,510
12/7/01
VAWAMARTHA.XLS 0203-15
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
A GRANT APPLICATION IN THE AMOUNT OF $88,435 TO THE STATE
OF TEXAS, CRIMINAL .IUSTICE DIVISION, FOR YEAR 3 FUNDING
AVAILABLE UNDER TIlE VIOLENCE AGAINST WOMEN ACT FUND
FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application
of $88,435 to the State of Texas, Criminal Justice Division, for Year 3 funding available under the
Violence Against Women Act Fund for the Police Department's Family Violence Unit.
SECTION 2. The City. of Corpus Christi will provide matching grant funds of $8.610 and in-kind
contribution olr' S 13.520.
SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City
of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved .- ~ ~- ~-~ I )_ , 2001: James R. Bra>', Jr., CiD' Attorney
By:
Lisa Aguilar /,~
Assistant City Attorney
---~
CITY COUNCIL
AGENDA MEMORANDUM
December 18, 2001
AGENDA ITEM: Authorizing the City Manager, or the City Manager's designee, to submit a grant
application to U.S. Bureau of Reclamation Water Conservation Field Services Program in the amount
of $20,468.75 for purchase of educational program kits entitled "Learning To Be Water Wise".
ISSUE: The U. S. Bureau of Reclamation Water Conservation Field Services Program is offering
funding assistance to aid in the implementation of Water Conservation Plans. The resolution will
authorize the City Manager or his designee to submit a grant application.
BACKGROUND: The purpose of the grant application is to gain financial assistance to purchase
1,250 Learning to be WaterWise curriculum program kits to distribute to local fifth-grade school
students. The Water Department will provide matching funds of $20,468.75 plus in-kind services in the
amount of $6,256.55 for a total of $26,725.30 for a period ending September 15, 2003. The program
will be distributed to local schools where homes were built before 1993.
Learning to be Water Wise program focuses on water and energy efficiency, with an emphasis on the
most commonly used resources around the home - water. The program classroom activities meet the
Texas Education Agency TEKS learning standards for the fifth grade level. The overall goals for the
program are to generate immediate residential water saving results and build environmental
responsibility in students and their families. The student receives a resource action kit containing both
water and energy related products for home installation with parent involvement.
Since 1991, the Water Department has distributed free educational programs to grade levels K through
8. The Learning to be WaterWise program was first introduced in 1998. During the 2000-2001 school
year, nine local schools utilized in this program, allowing to students to achieve savings of 85 million
gallons of water and wastewater. The grant proposal will allow the Water Department to double its
current educational outreach to fifth grade students.
IMPLEMENTATION SCHEDULE: The deadline for submission of the grant application is
December 20, 2001. U. S. Bureau of Reclamation will noti~ applicants by mid-January 2002.
Recommendations: Approval of a resolution.
ADDITIONAL SUPPORT MATERIAL
Background Information []
Contract Sununaxy []
Ordinance/Resolution ·
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Eduardo Garafia, P.E. - Water
Superintendent
APPLICATION FOR FINANCIAL ASSISTANCE
WATER CONSERVATION FIELD SERVICES PROGRAM
Fiscal Year 2002
Title of Proposal Application Number
(Completed by Reclamation)
Learning to be WaterWise in Corpus Christ
TvDe of Pro0osal Date Submitted
(Check one box only)
[] Planning Addvity [] Demonstration Activity December 15, 2001
[] Implementation Activity ~ Education
Name and Address of Applicant Applicant's Siqnatory
(Nan~ and Telephone Number)
City of Corpus Christi Water Department
Eduardo Garafia, pi=., (361)857-1881
Eduardo Garaha, P.E. Water Superintendent Applicant's Activi~ Mona;let
P. O. Box 9277 (Name and Phone Numl~r)
Corpus Christi, TX 78469-9277 Yolanda R. Marruffo, Mgmt. Assistant ill
(361) ~57-1879
Estimated Total Cost Amount Requested* Local Conl~ibution
(From Budget) (From Budget) (From Budget)
$47,194.05 $20,468.75 $26,725.30
Activity Description
(Explain what you hope to do and how you intend to accomplish it.)
The City of Corpus Christi Water Department is requesting financial assistance from the U.S. Bureau of
Reclamation in the amount of $20,468.75 to purchase educa~onal program kits entitled, Learning to be
Water W/se. The financial assistance will be used to purchase 1,250 Learning to be Water VVise
program kits at a unit cost $32.75 each for a total of $40,937.50. The City agrees to provide matching
funds of $20,468.75, plus in-kind services in the amount of $6,256.55 for a total of $26,725.30 for a
period ending September 15, 2003. The program will be used to educate frith-grade students on the
benefits of water efficiency in the home environment. The program will help to change long-term water
use habits for local residents.
The City has obtained a letter of support from the Corpus Christ Independent School District, the largest
school district in our city (copy attached). The City will take the initiative to contact other school district
officials to solicit their participation. City staff members will make site visits to school campuses to discuss
the program with school representatives. City staff members will provide presentations to teachers to
explain the program objectives and benefits. Teachers, who express intent to use the Program, must
submit a signed agreement to the City. The City will be responsible for ordering and delivering program
kits to schools. The City agrees to submit measurable results of water savings to the U. S. Bureau of
Reclamation no later than September 15, 2003.
~a~e 2
Activity Purpose
(Explain why the act~ty is important or necessary and why Rec;amation should support it.)
The Coastal Bend region historically experiences recurring drought conditions. During the 1990's,
Corpus Christi has implemented water use restrictions on two occasions. The water use restrictions
affect all customer classifications. Corpus Christi has a relatively Iow per capita water use less than 160
gallons per person per day (gpcd) as developed by the Texas Water Development Board.
Most households in Corpus Christi maintain a Iowto medium income level. The program will be targeted
to schools located in sections of the commun~ where homes were constructed pdor to 1993. The
program will also serve to replace inefficient plumbing fixtures, which would otherwise not be replaced by
homeowners.
The City of Corpus Chdsti maintains an ac'five water conservation plan aimed at public education, public
outreach and media relations. Financial assistance is needed to help expand its currently use of the
Learning to be WaterWise educational program to a larger segment of schools. The program will
provide beneficial education to two generations of water users.
Water Conservation Field Services Program
Fiscal Year 2002
City of Corpus Christi Water Department
Grant Proposal and Supplemental Information
Program Objectives
The City of Corpus Christi serves as a regional water provider to the Coastal Bend area with over 400,000
people. More than sixty percent of the population reside in the Corpus Chdsfi city limits. During the last
several years, the City has dealt with recurring drought conditions. Dudng 2001, the City implemented its
Drought Contingency Plan when the combined resen~oir system capacity of Lake Corpus Christi and Choke
Canyon Reservoir dropped below 30 percent.
The City of Corpus Christi Water Department has filed a current Water Conservation Plan with the Texas
Natural Resource Conservation Commission and the Texas Water Development Board. Section 4.2.1.2
School Programs of the Water Conservation Plan identifies the Learning to be WatorWise program as one
of the school-related activities used to target young water consumers. The program is utilized to promote
water-use ethics among students that may be carried into their adult life. Children also have direct contact
with their parents and may have a better opportunity to influence their parents' behavior.
This proposal will help the City accelerate the volume of students reached through its school-related
programs. The program serves to promote and educate the community on the need to improve water
efficiency in the home environment. The City agrees to provide matching funds to meet the requirements of
the proposal.
Program Summary
since 1998, the City has distributed the Learning to be WaterlAF~se educational program to local fifth grade
classrooms. The program is made available to schools who can utilize the beneficial tools included in the
kit, along with meeting their TEKS objectives as required by the Texas Education Agency.
Learning to be WaterW'lse Program teaches home resource awareness and savings, introducing students
to the concept of a resource, and then extending that knowledge to natural resources in our daily lives.
Classroom activities provide real life activities to reinforce learning the basic core subjects required by state
and national learning standards. The program focuses on water and energy efficiency, empha~.ing the
most commonly used resources around the home. The overall goals for the Program are to generate
immediate residential savings results, while building resource awareness and environmental responsibility
in students and their families. The Resource Action Kit for the Learning to be WaterWise Program contains
both water and energy related products for home installation with parent involvement.
The average classroom maintains a maximum of 25 students. We estimate that the 1,250 Learning to be
Water~tse program kits will be delivered to fifty (50) fifth-grade classrooms.
Each participant receives a Resource Action Kit containing efficient technologies for their homes and
materials to perform the hands-on activities. Program materials include:
Each student/teacher receives:
Resource Action Kit which includes · 2.0 gpm high efficiency showerhead
· 2.0 gpm dual swivel kitchen aerator
· 1.5 gpm flip-lever lavatory aerator
· LivingWise CD-ROM Game
· Water Facts Slide Chart
· Mini Tape Measure
· Toilet Tank Leak Detector Tablets
· Water Temperature CheckCard
· Lawn Watering/Rain Gauge
· Toilet Fill Cycle Regulator
· Flow Rate Test Bag
· Teflon Tape
· Installation Instructions and Warranties
· Recycled Box
Each teacher/classroom receives:
Program Video
Classroom Postern
Lesson Plans/Curriculum Correlation
Supplementary Activities
Spanish Support Materials
Handy Implementation Checklist
Comprehensive Teacher Packet
Graduate Credit Registration Form
Toll-Free Telephone Support
Interactive Poster Project
Student Activity Booklet
Dear Parents Letter
Certificate of Achievement
Pre and Post Surveys
Household Report Card
Program Contest
Interac'~ve Program Website
Toll-Free Telephone Support
The Learning to be WaterWise education program, as designed by the National Energy Foundation (NEF),
provides complete instructions and learning tools to help teach 5th grade students about the efficient use of
water and energy. The program includes lesson plans that correlate to the Texas TEKS for Social Studies
and Science Curriculum Standards. The program provides students free educational materials and water
efficient plumbing fixtures to promote water conservation.
Expected Environmental Benefits:
· Each Water Wise student's family will save an average of 5,500 gallon of water, 5,500 gallons
of wastewater and 575 kWh of electricity or 28 therms of gas.
· Provide water conservation conscious consumers for two generations.
Educate students on source of local freshwater resources; identify water and wastewater
treatment process; and learn the impacts of storm water pollution.
Project Cost
The cost of each Learning to be Water Wise student kit is $32.75, multiplied by 1,250 kits, equals
$40,937.50. The City is requesting financial assistance from the U.S. Bureau of Reclamation in the amount
of $20,478.75. The City agrees to provide equal matching funds for $20,478.75, plus in-kind estimated
cost in the amount of $6,256.55 during a pedod beginning mid-January 2002 and ending September 15,
2003.
f
Program Implementation Schedule
The Learningto be WaterWise Program has no required time frame for program implementation.
Teachers can schedule the activities to coincide with their lesson plans and timetables. The Corpus Christi
Program will begin February 2002 and be carried through the end of August 2003. Teachers will be
allowed to implement the program at their own pace. The City will provide continuous communication
throughout the program use to ensure program success.
1. Teacher and School Identification
2. Program Introduction to Teachers
3. School Shipment Notification
4. Program Kit/Material Delivery
5. Delivery Confirmation (letter and telephone)
6. Program Implementafion Schedule (via facsimile and telephone)
7. Program Assignment Identification (checklist)
8. Program Checklist Reminder (facsimile and telephone)
9. Program Completion Discussion
10. Thank You Notes Sent to Participating Teachers
The City has obtained a support letter from the Corpus Christi Independent School District. The District
agrees to encourage teachers to participate in the Learning to be Water Vtfise Program and to distribute
notice of the program through teacher newsletters and workshops. Corpus Christi Independent School
District serves as the largest school district within the city limits. Others districts, including Tuloso-Midway
lSD, Calallen lSD, Flour Bluff lSD, West Oso lSD along with private and parochial schools, will given the
opportunity to participate with the program. The program will be distributed on a first-come, first serve
basis to schools located in segments of the community whereby homes were built prior to 1993.
Measurable Results
Upon completion of the Learning to be WaterWise Program, students will be asked to complete a
Household Report Card to grade their homes from a resource efficiency standpoint. This is serve as a
verification mechanism of actions taken and technologies installed in the home. Students will be asked to
supply information on the following:
(~uestions:
Did you install the high efficiency showerhead?
Did you install the water efficient kitchen aerator?
Ddi you install the high efficiency bathroom sink aerator?.
Did you measure your home water temperature?
Did any of your toilets leak?
Did you measure how much water your toilet flushes?
Did you calculate household water savings?
Did you involve or teach your family?
Did you measure your showerhead flow rate?
Did you complete the program?
written report will be submitted identifying the percentage of "yes" answers given by the students.
Teachers will administer an identical pre and post survey to students to determine the learning impact and
the knowledge gained through the Program. The City agrees to submit the results of the pre and post
survey scores to the U.~. Bureau of Reclamation.
Upon completion of the Program, students will be asked to conduct a survey of their property and assess
their family's daily habits and resource usage. Students will be respond to the following questions. A
percentage of the median response will be reported to the U.S. Bureau of Reclamation.
Questions:
Where does your water supply come from?
What type of energy is used to heat your home?
How many water heaters are in your home?
What size are the water heaters?
How many showers does your home have?
How many people live in your home?
How many showers does your family take in one week?
What is the average shower time of your family per week?
How many toilets does your home have?
Does your home have a lawn that is watered?
If yes, how many times a week is it watered during the summer?
Do you use xeriscaping design in your garden?
Does your home have a hot tub?
Does your home have a pool/spa?
Do you have a dishwasher?.
If yes, how many loads do you do per week?
Do you have a clothes washer?
If yes, how many loads do you do per week?
What type of home do you live in?
Does your family own or rent your home?
Was your home built before 19927
How did you like the program?
Commitment
The City is committed to achieving the goals of the project. The City maintains pdor experience in working
with the local school districts and presenting educational programs to teachers. The City agrees to commit
staff support including the Management Assistant III and the Management Aide positions, which are pa~t of
the City of Corpus Christi Water Department's Public Education and Communications Activity.
Future Benefits
The City of Corpus Christi plans to continue the use of the program past the agreement pedod. The
Learning to be Water Wise program will serve to educate hvo generations of consumers on efficient water
usage. The water saving tools, including the showerhead, kitchen aerator and lavatory aerators will serve to
provide water efficiency in these homes for many years.
Contact
Yolanda R. Marruffo, Management Assistant III for the City of Corpus Christi Water Department will serve
as the principle contact to the U. S. Bureau of Reclamation for the purpose of this grant. Correspondence
can be sent to P. O. Box 9277, Corpus Christi, TX 78469-9277. Office telephone numbers are (361) 857-
1879 (office) or (361) 857-1889 (fax).
Application Submitted to:
Mr. Brenton Johnson,
Water Conservation Field Services Program Manager
U. S. Bureau of Reclamation
300 East 8th Street, Suite 169 G Austin, TX 78701-3225 Phone (512) 916-5661, Fax (512) 916-5662
APPLICATION FOR FINANCIAL ASSISTANCE
WATER CONSERVATION FIELD SERVICES PROGRAM
Fiscal Year 2002
CITY OF CORPUS CHRISTI WATER DEPARTMENT
LEARNING TO BE WATER WISE PROGRAM
BUDGET SUMMARY
The City of Corpus Chdsti is submitting an application for financial assistance to the U. $. Bureau of
Reclamation for the purpose of purchasing Learning to be Water Wise program kits at a cost of $32.00 per
Student, plus an additional $0.75 for shipping each kit, for a total of $32.75 per student kit.
City of U.S. Bureau of
Corpus Reclamation
Christi Costs* Cost Total
Year One - 2002
Cost to Purchase 835 Learning to be Water $13,673.13 $13,673.12 $27,346.25
W/se Program Kits at $32.75 each.
In-Kind - Salary and Benefits
Management Assistant III (5% of time)
Administrative Aide (5% of time) 2,352.28 2,352.28
1,371.78 1,371.78
Year Two - 2003
Cost to Purchase 415 Learning to be Water
Wise Program Kits at $32.75 each. 6,795.62 6,795.63 13,591.25
in-Kind - Salary and Benefits
Management Assistant Ill (5% of time) 1,599.70 1,599.70
Administrative Aide (5% of time) 932.79 932.79
Total $26,725.30 i $20,468.75 $47,194.05
* City costs will be incurred over a two-year pedod, ending September 15, 2003.
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO U.S. BUREAU OF
RECLAMATION WATER CONSERVATION FIELD SERVICES PROGRAM
IN THE AMOUNT OF $20,468.75 FOR PURCHASE OF EDUCATIONAL
PROGRAM KITS ENTITLED "LEARNING TO BE WATER WISE"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
submit a grant application to U.S. Bureau of Reclamation Water Conservation Field
Services Program in the amount of $20,468.75 for purchase of educational program kits
entitled "Learning to be Water Wise." The City match for this grant is $20,468.75 in the
No. 4010 Water Fund, plus $6,256.55 in in-kind services, for a total project costs of
$47,194.05.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 13th day of January, 2001.
James R. Bray Jr.
City Attorney
R. Ja~' P~ining
First'As~istant City Attorney
Samuel L. Neal, Jr.
Mayor
R13788A2.wpd
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 14, 2001
AGENDAITEM:
A. Amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas Dune
Protection and Beach Access Regulations, by revising Appendix VII, designated beach fee
areas; providing an effective date; providing for penalties; providing for severance; and
providing for publication.
B. Amending Article VIII, Fees, of Chapter 10, Beachfront Management and Construction, of the
Code of Ordinances, City of Corpus Christi; providing for penalties; providing for an effective
date; providing for severance; and providing for publication.
ISSUE: Now that the City has compteted the majority of the annexation on Mustang and Padre
Islands, the City can move forward to adopt a new beach parking policy including locations and
fees. Such policies can only be adopted by the City Council and must subsequently be approved
by the Texas General Land Office (GLO).
BACKGROUND INFORMATION: Prior to the last round of annexation completed on December
11, 2001, the City of Corpus Christi has previously allowed Nueces County to issue beach parking
stickers and collect the revenue therefrom within the City limits (principally at the Seawall area).
With the institution of the latest annexation, the City must now move forward to adopt formal
locations where parking permits will be required and establish a parking permit fee schedule in
order that these may be transmitted to GLO for approval and subsequent implementation by the
City.
RECOMMENDATION: Staff is recommending that the City Council approve the two agenda
ordinances, the first of which would establish a map delineating where parking fees would be
charged and where under State law free parking areas would be located. The second ordinance
establishes the method by which beach parking permit fees would be established and how the
permits would be sold and monitored. In essence, the permit fees would be established through
a fee schedule by the City Manager each year and would be submitted to the City Council on an
annual basis as part of the City's annual operating budget.
We recommend approval of these two ordinances.
W. Thomas Utter
Assistant City Manager
AN ORDINANCE
AMENDING ORDINANCE NO. 022164, WHICH ADOPTED THE CITY
OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH
ACCESS REGULATIONS, BY REVISING APPENDIX VII, DESIGNATED
BEACH FEE AREAS;PROVIDING AN EFFECTIVE DATE;PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION
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 Appendix Vii, Designated Beach Fee Areas, Corpus Christi, Texas,
Dune Protection and Beach Access Regulations, as adopted by Ordinance 022164 on
February 28, 1995, is amended by substituting the revised Appendix VII, which is
attached to and incorporated into this ordinance as Attachment A.
SECTION 2. This ordinance goes into effect upon approval of this amendment to
Appendix VII, Designated Beach Fee Areas, Corpus Christi, Texas, Dune Protection
and Beach Access Regulations, by the General Land Office under §15.8(e) of Title 31 of
the Texas Administrative Code.
SECTION 3. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
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 of this ordinance be given full force and effect for its purpose.
SECTION 5. 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.
R14053A2.doc
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APPENDEX VII
(EXEMPT) CITY tErT LIKE .. ..
OBLF OF MEXICO
DESIGNATED BEACH FEE AREAS
S
CITY PARKING FEE
1
OGOOOOO COUNTY PARKING FEE
1 ............ MUSTANG SLAND STATE PARK
PARKING FEE
I YYVYYYVN wAA FREE BEACH PARKING
AN ORDINANCE
AMENDING ARTICLE VIII, FEES, OF CHAPTER 10, BEACHFRONT
MANAGEMENT AND CONSTRUCTION, OF THE CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI; PROVIDING FOR
PENALTIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
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 Article VIII, Fees, of Chapter 10, Beachfront Management and
Construction of the Code of Ordinances, City Of Corpus Christi, is revised to read as
follows:
"Chapter 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION*
"ARTICLE VIII. FEES.
"Sec. 10-86. Beach User Fee.
"A. In order to establish and maintain beach-related services and facilities for the
preservation and enhancement of access to and from and safe and healthy use of
public beaches by the public, c ~"" ~ ..... ~' ,,"";"~"~""'~"*"; ...... ~'" "~' .... '" ~"'
r. .... *.. ,.....-*..~.~;.-h ~.~ -...~ ........ ~' ~'"""~' ..... ~'*"" the fo owinq beach user fees
are established:
"1. Beach Parkinq Permit. The City Manaqer shall prepare a fee schedule of
beach parkinq permits. This schedule shall be submitted to the City Council on
an annual basis durinq the preparation of the City's annual operatinq budqet.
Such fees must recover, to the extent possible, the City's costs of providinq
beach-related services, as defined in Section 10-87.B. The parkinq permit fee
schedule shall be filed with the City Secretary, and copies shall be provided to
the City Council.
"2. Reserved.
"B. No beach parking permit fee shall be charged for parking in the ,. ..... free beach
areas designated in Appendix VII.
R14053B2.doc
2
"C. In lieu of the beach parking permit issued by the City under subsection A of this
section, the City Council may authorized recoqnition of beach parkinq permits issued by
the City of Port ^ransas or Nueces or Kleberq County, if the .qovemmental entity
imposes beach parking fees, that equals or exceeds the beach parkinq permit fee
issued by the City, and enters into an interlocal cooperation aqreement with the City that
provides for reciprocal recoqnition and enforcement of beach parking permits.
"Sec, 10-87. Use of Fee Revenue,
"A, Revenues from beach user fees may be used only for beach-related services.
"B. "Beach-related services" means reasonable and necessary services and facilities
directly related to the public beach which are provided to the public to ensure safe use
of and access to and from the public beach, such as vehicular controls, management,
and parking (including acquisition and maintenance of off-beach parking and access
ways); sanitation and litter control; life guarding and lifesaving; the cleaning or removal
of debris from the beach by handpicking, raking, or mechanical means; law
enforcement; beach nourishment projects; beach/dune system education; beach/dune
protection and restoration projects; providing public facilities such as restrooms,
showers, lockers, equipment rentals, and picnic areas; recreational and refreshment
facilities; liability insurance; and staff and personnel necessary to provide beach-related
services. Beach-related services and facilities shall serve only those areas on or
immediately adjacent to the public beach.
"C. All funds derived by City from beach user fees requirement of this article shall be
used exclusively for the following purposes:
"1. Printing and distributinq the permits.
"2. Other costs of administerinq the requirements of the beach user fee proqram.
"3. Provision, construction, maintenance, replacement, and repair of:
"(a) Sanitary facilities on the beach provided for the use and convenience
of the public.
"(b) On and off beach parking facilities.
"(c) Traffic control or road siqns, devices or structures on the beach.
"(d) Sand dunes.
"4. Cleanin,cl and maintenance of the public beach.
"5. Public safety on the beach.
"6. All costs directly related to the manaqement of the beach.
R14053B2.doc
"D. Not less than 15% of the funds received shall be set aside to enhance access,
provide for safe and healthy use of public beaches, or to provide for public facilities and
public services.
"Sec. 10-88. Indirect Costs and Accounting.
"A. No more than 10% of beach user fee revenues shall be expended on reasonable
indirect costs related to beach-related services.
"B. "Indirect costs" means costs of administrative programs, services, or personnel that
partially support beach-related services and to which beach user fee revenues are
applied using a general rather than detailed method of apportionment.
"C. Exce t ap_~A~rovided in The """*'""; ..... ,~....a., c~.a....~..;..;~,... ,h.. ~......~. ..... ~....
Frcgram !,", acccrda,qcc '::!th the !nterlocal Agreements (See Appendix VIII for copies of
current interlocal aqreements) between the City of Port Aransas, Nueces County,
Kleberg County and the City of Corpus Christi regarding beach user fees, the Director of
Q ....... ~ reports ............ to the General
Financial Services shall send quarterly. '
Land Office in ..... '~ ....... ~+~- ~'-*'--~'-~-'~ ........ +~ The re
............................. = ............ ports shall state the
amount of beach user fee revenues collected and itemizing how beach user fee
revenues are expended. Beach user fee revenues shall be maintained and accounted
for so that fee collections may be directly traced to expenditures on beach-related
services. Beach user fee revenues shall not be commingled with any other funds and
shall be maintained in special accounts. Beach user fee revenue expenditures shall be
documented in a separate financial statement for each different beach user fee. Beach
user fee revenue account balances and expenditures shall be documented according to
generally accepted accounting principles.
"Sec. 10-89. Beach parkinq prohibited without beach parkinq permit.
"(a) Except within Mustanq Island State Park or within a free parkinq area desiqnated in
Appendix VII of the City Of Corpus Christi, Texas, Dune Protection And Beach Access
Regulations, no person may park a motor vehicle on a public beach within the City,
which borders on the Gulf of Mexico, unless a valid beach parking permit is affixed to
the vehicle's windshield.
"(b) It shall be the duty of each police officer, or such other officer or employee of the
City as may be authorized by the City Manaqer, to take the state vehicle license number
of any vehicle parked on a Gulf beach without a valid beach parkinq permit sticker
affixed to the vehicle's windshield, the time and date the vehicle was found parked on
the Gulf beach, the approximate location where the vehicle was parked, and the make
of the vehicle, and to issue, in writinq, on a form provided by the City, a notice to answer
to the charqe ofparkind on a Gulf beach without a valid beach parkind permit within ten
(10) days durinq the hours and at the place specified in the notice.
"(c) In a prosecution of an offense under this section, it is presumed that the reqistered
owner of the motor vehicle is the person who parked the vehicle at the time and place
the offense occurred.
R14053B2.doc
4
"Sec. 10-90. Sale of Beach Parkinq Permits.
"Beach parkinq permits shall be made reasonably available to alt members of the public
at all times. In furtherance of this section the City Manaqer, or the City Manaqer's
desiqnee, may sell permits bv the followinq methods:
"1. Direct sales to the public throu.qh the Utilities Billin.q Office, park facilities, and
on site.
"2. Direct sales to the public at any City fire station located on Mustanq or Padre
Islands.
"3. Sales to merchants and vendors for subsequent sales to the public.
"(a) The City Manaqer may set the fees to be paid to merchants and
vendors authorized to sell beach parkinq permits by this subsection. The
fees shall be at a rate determined to be in the best interest of the City.
"(b) The City Mana.qer may establish further rules, bonds, fees, or other
procedures to be used In the bulk sales of permits. Copies of any rules,
bonds, fees, or other procedures must be filed with the City Secretary, and
a copy provided to the members of the City Council before the rules,
bonds, fees, or other procedures .qo into effect.
Secs. -1~-89-10-91--10-96. Reserved.
SECTION 2. The initial fee schedule for beach parking permits prepared by the City
Manager shall impose a fee of $10.00 per year, or $5.00 per month, for each vehicle
parked on a public beach within the City, except within the Mustang Island State Park,
or any area designated as a free beach areas in Appendix VII of the City Of Corpus
Christi, Texas, Dune Protection And Beach Access Regulations.
SECTION 3. This ordinance goes into effect upon approval of these amendments to
Article VIII, Fees, of Chapter 10, Beachfront Management and Construction, of the
Code of Ordinances by the General Land Office under §15.8(e) of Title 31 of the Texas
Administrative Code.
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 of this ordinance be given full force and effect for its purpose.
R14053B2.doc
5
SECTION 5. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R14053B2.doc
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 12, 2001
AGENDA ITEM: (a) Motion prior to second reading of ordinance granting one-year franchise
extension to Central Power and Light Company to clarify the compensation provision.
(b) Ordinance granting a one-year franchise extension to Central Power and Light Company for
provision of light, heat and power.
ISSUE: The franchise was approved on first reading on November 13. As pointed out in the
previous agenda memorandum, State law now prescribes the methodology for compensating the city
for the company's use of public ways. Because of possible ambiguity in Section 3 of the ordinance,
the compensation provision, it is recommended that the following be substituted for the original
language:
SECTION 3. In lieu of the annual payment imposed in paragraph 2 of Section 1 of the
Franchise, which was amended and extended by Section 1 of the Franchise, Central Power
and Light Company shall pay the City of Corpus Christi compensation in an amount equal to
the charge per kilowatt hour determined for 1998 (calculated in accordance with Texas
Utilities Code Section 33.008(b)) multiplied times the number of kilowatt hours delivered
within the City's boundaries.
RECOMMENDATION: Approval of the substituted Section 3 and the ordinance, as amended.
1JRB0500.035
AN ORDINANCE
GRANTING A ONE-YEAR FRANCHISE EXTENSION TO CENTRAL
POWER AND LIGHT COMPANY FOR PROVISION OF LIGHT, HEAT,
~ND POWER.
WHEREAS, Central Power and Light Company, a corporation duly authorized to conduct business
in the State of Texas, currently holds a franchise from the City of Corpus Christi, Texas for provision
of electric light, heat and power granted by Ordinance 10173, passed and approved by the City
Council on March 24, 1971, which amended and extended a franchise granted on January 10, 1950;
and
WHEREAS, the franchise agreement was modified by Ordinance 20431 passed and approved by
the City Council on August 23.1988. to provide for monthly rather than semi-annual fee payments;
and
WHEREAS, tile franchise agreement xxas extended .%r one .x ear ~:~ Ordinance 024308. passed and
approved by City Council on December 19.2000;
WHEREAS, such franchise will expire December 3 I. 2001; and
WHEREAS, in Senate Bill 7. now codified in Section 33.008, Texas Utilities Code, the 76th Texas
Legislature established a statutory formula for charges for use by electric utilities of city streets,
alleys and public ways effective JanuaLv 1, 2002; and
WHEREAS, Central Power and Light Company and the City of Corpus Christi, Texas desire to
extend its existing franchise tinder the same terms and conditions for an additional one (1) year
period which xx ill extend to the effective date or' Senate Bill 7: .~nd
WHEREAS, the City Council of the City of Corpus Clu-isti finds that such extension under the same
terms and conditions is in the best interest of the citizens of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Electric Light. Heat and Poxx'er Franchise granted by the City of Corpus
Christi. Texas. to Central Poxver and Light Company by Ordinance 10173, as amended by
Ordinances 20431 and 024308 (the "Franchise"). is hereby extended for a period of one (I) year
to commence January I. 2002 and to expire December 31. 2002 at midnight, unless renewed or
extended.
SECTION 2. Except these terms and conditions that conflict with Section 33.008 of the Texas
Utilities Code. the terms and conditions of thc curremly existing Franchise are incorporated into
this one-year extension by reference and shall continue in full force and effect.
SECTION 3. In lieu of the annual payment imposed in paragraph 2 of Section I of the
franchise, which was amended and extended by Section 1 of the Franchise, Central Power and
l,ight Cc~mpany shall pa.,,' the City of Corpns Christi the maximum municipal franchise charge
authorized by Section .~. ~)08(b) ot the I~exas Utilities Code.
SECTION 4. This grant is conditioned that Central Power and Light Company shall file its
written acceptance of this franchise no later than December 31,2001.
SECTION 5. This ordinance should be published as required by the City Charter.
That the tbregoing ordinance was read for the first time and passed to its second reading on this
the 1,~f~day of [~/:y,,'-4~m,~l, by the following vote:
Samuel L. Neal. Jr.
Javier D. Colmenero
Rex A. Kinnison
John Longoria
Mark Scott
Brent Chesney
Henry Garrett
Bill Kelly
Jesse Noyola
That the foregoing ordinance was read for the second time and passed finally on this the __
day of
Samuel L. Neak Jr.
Javier D. Colmenero
Rex A. Kinnison
John Longoria
Mark Scott
PASSED AND APPROVED this the
ATTEST:
,2001. by the following vote:
Brent Chesney
Henry Garrett
Bill Kelly
Jesse Noyola
dav of .2001.
Armando Chapa, City Secretary,
Samuel L. Neal. Jr., Mayor
LEGAL FORM APPROVED t{-- ~
JAMES~ BRAY, JR., Ci~Y ATTOR~N EY
,2001:
ORDINANCE STATUS
AGENDA ITEM:
Ordinance - Amending the Code of Ordinances, Chapter 53 - Traffic Section 53-252,
Schedule III, Parking Prohibited At All Times on Certain Streets, by prohibiting curbside
parking at all times on Santa Fe Street between Meldo Park Lane and Robert Street;
and providing for penalties:
FIRST READING:
December 11,2001
Passed: 9-0 (Unanimous Vote)
FINAL READING:
December 18, 2001
COMMENTS:
(None)
AGENDA MEMORANDUM
DATE: November 29, 2001
SUBJECT: Curbside Parking Restriction on
Santa Fe Street
AGENDA ITEM: Ordinance amending the Code of Ordinances Section 53-252, Schedule III
- Parking Prohibited at All Times on Certain Streets, by prohibiting curbside parking at all times
on Santa Fe Street between Meldo Park Lane and Robert Street.
ISSUE: Curbside parking restrictions are necessary along a portion of Santa Fe Street
following its recent roadway re-surfacing improvements and revised lane striping pattern. The
restriction is necessary to eliminate the possibility of on-street conflicts between "through"
traffic and occasionally parked vehicles. Further, most motorists do not expect to encounter
curbside parking on a street of Santa Fe's type.
City Council Action Required: Curbside parking restrictions extending along any roadway for
a distance exceeding 1,500-feet in continuous length must be approved by the City Council.
RECOMMENDATION: Approval of the ordinance as submitted.
ADDITIONAL SUPPORT MATERIAL
Additional Background Information
Exhibit 1 - Site Map
Ordinance
AgMernSantaFeNPA.NO1
'~ng'el R. Escobar, P.E.
Director of Engineering Services
Curbside Parkinq Restriciton on Santa Fe
Page I of 2
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
Santa Fe Street Improvements: Recent street resurfacing improvements for Santa Fe Street
between Doddridge Steet and Robert Street included re-striping of the street from two lanes
per direction (total of four-lanes) to one lane in each direction with a center continuous left turn
lane (total of three-lanes). This was done in order to provide safer, wider traffic lanes and a
safer street for the many left turn movements into the numerous residential side streets. This
striping pattern has been adopted in the City's Master Transportation Plan as the street cross-
section for collector roadways abutting residential development. Subsequently, with only one
through lane per direction, no curbside parking can be permitted.
Existing Development and Curbside Parking Demand: IResidential development exists on
both sides of Santa Fe Street with the majority of homes fronting onto the intersecting side
streets. No curbside parking demand has been observed following the introduction of the new
three-lane striping configuration on Santa Fe Street. Although the prior four-lane striping
pattern did not include curbside parking restrictions during the morning and evening peak traffic
periods, there had been little or no curbside parking demand observed during any time of the
day. Parking at Lamar Park is accommodated along two other streets bounding this park
(Barracuda Street and Center Drive).
Review by Transportation Advisory Committee: The proposal for curbside parking
restrictions at all times on Santa Fe Street has been reviewed and unanimously supported by
the Transportation Advisory Committee.
Curbside Parkin,q Restdciton on Santa Fe
Page 2 of 2
PROPOSED
"NO PARKING ANYTIME"
CURBSIDE PARKING
RESTRICTION
IEXHIBIT 1 srrsM~p
kkil~ SUBJECT: PROPOSED "NO PARKING ANYTIME" RESTRICTION ON
_--- --. SANTA FE STREET BETWEEN Traffic Engineering Div.
~.~, MELDO PARK ORIVE AND ROBERT STREET Engineering Services Dept.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-252, SCHEDULE III, PARKING
PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY
PROHIBITING CURBSIDE PARKING AT ALL TIMES ON
SANTA FE STREET BETWEEN MELDO PARK LANE AND
ROBERT STREET; PROVIDING FOR PENALTIES; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 53- Traffic, Section 53-252, Schedule III, Parking prohibited at all
times on certain streets, by prohibiting curbside parking at all times on Santa Fe Street
between Meldo Park £ane and Robert Street.
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53-252. Schedule III, Parking prohibited at all times on certain streets.
Santa Fe Street. both sides, between Meldo Park Lane and Robert Street.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3, Publication shall be made one time in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties tbr violation are as provided ~n Sec. _~-55 Code of Ordinances.
jh 1500.001
16
ORDINANCE STATUS
AGENDAITEM:
Ordinance - Amending the Code of Ordinances, Chapter 53 - Traffic Section 53-254,
Schedule V, by revising the speed limits on the following street sections; and providing
for penalties:
a) On Whitecap Boulevard, reduction from 40 MPH to 35 MPH
between a point 1,000-ft west of Cruiser Street to Isabella Court.
b) On McKinzie Road (FM3386), revising the existing speed limits to
the following:
* 50 MPH to 45 MPH, from a point approximately 620-ft north
of Kingsbury Drive to a point approximately 1,050-ft south of Haven
Drive.
* 50 MPH to 60 MPH, from a point approximately 1,050-ft
south of Haven Drive to the South City Limit.
FIRST READING:
December 11,2001
Passed: 9-0 (Unanimous Vote)
FINAL READING:
December 18, 2001
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
DATE: November 30, 2001
SUBJECT:
Speed Limit Revisions
on Whitecap Boulevard and McKinzie Road (FM 3386).
AGENDA ITEM: Ordinance amending Code of Ordinances Section 53-254, Schedule V,
Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following
street sections:
a. On Whitecap Boulevard, reduction from 40 MPH to 35 MPH between a point 1,000-ft west
of Cruiser Street to Isabella Court.
b. On McKinzie Road (FM 3386), revising the existing speed limits to the following:
;~ 50 MPH to 45 MPH, from a point approximately 620-ft north of Kingsbury Drive to a
point approximately 1,050-ff south of Haven Drive.
;~ 50 MPH to 60 MPH, from a point approximately 1,050-ft south of Haven Drive to the
South City Limit.
ISSUE: Speed limit revisions are necessary to reflect changes in abutting land uses, traffic
congestion, traffic accident experience, roadway improvements or physical changes warranting
higher or lower speed limits, and changes in predominantly used travel speeds by motorists on
particular road sections.
RECOMMENDATION:
above.
Staff recommends approval of the proposed ordinance as outlined
'~fg~l R. E_scobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Background Information
Exhibit "1" - Whitecap Boulevard
Exhibit "2" - McKinzie Road
Ordinance
AgMemWhitecapEtc SpL
Speed Limit Revisions on Whitecap, McKinzie
Page 1 of 3
AGENDA MEMORANDUM
Additional Background Information
Backqround Information
Methodology for Setting Speed Limits on Streets (85th-Percentile and Speed Management
Methodology): The procedures used to set speed limits on urban streets are the result of years of
research and experience in the urban street business. Like most cities, the City's Traffic
Engineering staff uses what is known as the "85~h-percentile" study methodology to set speed
limits. The "85th-percentile" speed is the speed at which 85% of motorists are driving at or below.
Two key assumptions in use of the "85t'-percentile'' method of selecting speed limits, also backed
up by years of research, are that (1) 15% of drivers tend of drive at an unreasonably high, unsafe
speed and (2) that a strong majority (70%) of drivers travel at a speed between the measured
"median speed" and the "85th-percentile" speed. Historically, speed limits set at the sampled "85~h-
percentile" speed of a street typically result in the fewest number of traffic speed violations.
However, flexibility also exists in setting speed limits that create uniformity of speed limits on
certain functional classification of roadways. Having uniform speed limits on each of primary
(arterial) streets and neighborhood collector roadways is beneficial to motorists who travel
throughout the city. The Traffic Engineering Office refers to the latter method of speed limit
assignments as "speed management".
Whitecap Boulevard (EXHIBIT 1):
Whitecap Boulevard is the main roadway through the residential areas of the Padre Isles
Subdivision and is carrying steadily increasing volume of traffic with continued home development
within this subdivision. The Traffic Engineering Office, Police Department and Padre Isles Property
Owners Association (POA) frequently receive complaints that traffic on Whitecap Boulevard is
allowed to travel speeds unsafe for the residential development along this street which is
experiencing increasing amounts of walking, jogging, and bicycling activity within the street.
Whitecap Boulevard is without sidewalks, and the City provided a dedicated hiking/biking lane on
each side of Whitecap in the early 1990's. The POA has requested the section of Whitecap
between Park Road 22 and the west end of Whitecap to have a uniform 35 MPH speed limit. Staff
feels a 35 MPH speed limit is justified on the basis of uniformity with nearly all other residential
collector roadways in the City having 35 MPH speed limits.
McKinzie Road (FM 3386) (Exhibit 2):
McKinzie Road, following the street widening improvements between Interstate 37 and Haven
Drive a few years ago, has been experiencing increasing traffic volumes and through traffic flow
between Interstate 37 and Agnes Street. The speed limit was raised from 40 MPH to 50 MPH
following completion of the street improvements, inclusive of the area adjacent to Tuloso-Midway
High School. A study by the Texas Department of Transportation, following complaints from the
Tuloso-Midway School administration, has resulted in the recommendation of a lower speed limit
adjacent to the school. In addition, TxDOT is recommending a higher speed limit south of Tuloso-
Midway High School where there is virtually no development south to the South City Limit The
City's Traffic Engineering Office concurs with TxDOT's recommended speed limit revisions.
Speed Limit Revisions on Whitecap, McKinzie
Page 2 of 3
PRIOR COUNCIL ACTION: The most recent Council actions related to these streets speed limits
are:
· Established existing 35 and 40 MPH speed limit on Whitecap Boulevard (Ord. 22477, 01-1996)
· Estabtished current speed limits on McKinzie Road (Ord. 24104, 07-2000)
BOARD / COMMITTEE REVIEW: The Transpor'[ation Advisory Committee has reviewed these
Staff recommendations and voted unanimously to recommend City Council approval.
Speed Limit Revisions on Whitecap, McKinzie
Page 3 of 3
Go~
OF WHITECAP BLVD.
PROPOSED SPEED LIMIT
REDUCTION 40 MPH TO ,35 MPH
IEXHIBIT I S:T,: MAP
IIIIIflll SUBJECT: PROPOSED SPEED LIMIT REVISION ON WHITECAP BLVD .......
~ --~ BETWEEN pARK Rflall 9') Alan leaRGII a P_fllIDT Tran,e ,-ng,neenng Div.
~o " ..................... ---"- Engineering Servlcee Dept.
HIGH SCHOOl.
HAVEN
XIST.
40 MPH
West Gufft
Park
KINGSBURY
"~'"'-'"'~PROPOSED
SPEED LIMIT
REDUCTION
50 MPH to 45 MPH
g
"~"~PROPOSED
SPEED LIMIT
REVISION
50 MPH to 60 MPH
EXHIBIT 2 SITE MAP
SUBJECT: PROPOSED SPEED LIMIT REVISION ON McKINZIE ROAD Traffic Engineering DIv.
~... BETWEEN LEOPARD AND SOUTH CITY LIMIT LINE Engineering Servlcea Dept.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-254, SCHEDULE V, BY REVISING THE
SPEED LIMITS ON THE FOLLOWING STREET SECTIONS:
a)
b)
On Whitecap Boulevard, reduction from 40 MPH to 35 MPH
between a point 1,000-ft west of Cruiser Street to Isabella Court.
On McKenzie Road (FM 3386) revising the existing speed limits to
the following:
-50 MPH to 45 MPH, from a point approximately 620-ft north of
Kingsbury Drive to a point approximately 1,050-ft south of Haven
Drive.
-50 MPH to 60 MPH, from a point approximately 1,050-ft south of
Haven Drive to the south City Limit;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 53- Traffic, Section 53-254, Schedule V, increase of state speed limits
in certain zones, by revising the speed limits on the following street sections and to read
as follows:
CHAPTER 53 TRAFFIC
ARTICLE Vlll. SCHEDULES
Sec. 53-254. Schedule V, increase of state speed limit in certain zones.
l, Fhitecap Bo,devard:
From Park Road 22 (South Padre Island Drive) to Sire'ct Isabella Court-35MPH-AIl times
McKenzie Road:
jhl500.001
2
From a point 400 feet south of the centerline of Leopard Street (Sta. 53 + 50) to a point
~^..,~.
approximately 620 1,050 feet ....... south of
Haven Drive-45 mph-At all times
From a point approximately 620 1.050 feet na:-tk south of ..... ~ .... . ................. ,
Haven Drive to the south city limits-~_0 mph-At all times
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City
of Corpus Christi as required by the City Charter of the Cit.',' of Corpus Christi.
SECTION 4. Penalties for violation are as provided in Sec. 53-55 Code of Ordinances.
jhl500.001
17
ORDINANCESTATUS
AGENDAITEM:
Ordinance amending Section 55-73 of the Code of Ordinances, City of Corpus
Christi, regarding water service on Mustang and Padre Islands; Providing for
severance; and providing for publication.
FIRST READING:
December 11, 2001
Passed: 8-0
(Absent - John Longoria)
FINAL READING:
December 18, 2001
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 5, 2001
AGENDA ITEM: Amending Section 55-73 of the Code of Ordinances, City of Corpus
Christi, regarding water service on Mustang and Padre islands; providing for severance;
and providing for publication.
ISSUE: The City Code of Ordinances Section 55-73 requires property owners requesting
connection to the City's water system to demonstrate availability and accessibility of sewer
service to their property. Section 55-73 requires property owners to connect to a public
wastewater line if the line is within 300 feet of the subject property. Where a wastewater
line is not with in 300 feet of a property, a private sewage disposal system may be allowed,
except for properties located in FEMA Flood Zone A on Padre and Mustanq Islands
between Mustang Island State Park and the National Sea Shore. This prohibition has
placed an unreasonable burden on property owners on Padre and Mustang Island where
a wastewater line is hundreds and sometime thousands of feet from the property owner's
property. In addition, the prohibition contradicts county and state standards which could
allow a private wastewater sewage disposal system (contingent upon meeting all state
requirements).
PREVIOUS COUNCIL ACTION: Dudng the 2001 Annexation public hearings, City Council
directed staff to assist Dr. Walter in development of his property and to remove barriers,
which would place an unreasonable restriction on his property. Dr. Waiter's property is
located south of Padre Balli Park and east of Park Road 22, abutting the Nueces/Kleberg
County Line.
As staff has reviewed Dr. Waiter's situation, we have discovered that similar situations exist
in two other cases, one of which involves the location of the Island Sun Church.
REQUIRED COUNCIL ACTION: In order to remove unreasonable restrictions on
development of property on the Island, staff is recommending an amendment to the City
Codes regarding water service (which directly affects the ability to use on-site sanitary
sewer systems). Only the Council can undertake such changes.
CONCLUSION AND RECOMMENDATION: We are recommending approval of the
attached ordinance Section 55-73 of the Code of Ordinances, City of Corpus Christi,
regarding water service on Mustang and Padre Islands in order to remove overly restrictive
barriers to development
Michael N. Gunning, AI~P ~
Director of Planning ~ ~,
W. Thomas Utter
Assistant City Manager
AN ORDINANCE
AMENDING SECTION 55-73 OF THE CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, REGARDING WATER SERVICE ON MUSTANG AND
PADRE ISLANDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 55-73 is revised to read as follows:
"Sec. 55-73. Showing of availability of service on portions of Padre and Mustang
Islands.
"(a) A:[ Except as provided in subsections (c),(d), and (e) of this section, all applicants
for water service on Padre and Mustang Islands lying tm~.-:cn Mustang Island State
Park and the Padre Island National Seashore must, prior to receiving such service, in
addition to m~ting all other requirements of the city's ordinances, show that sewer
service is available to the tract to be served or will be made available to the tract
simultaneously with the cenn~.-'~.tion to the eiht water system~~
"(b) An existing water customer in the area above described must connect to the sewer
system within six (6) months from the time such sewer system is within three hundred
(300) feet of any boundary of the property receiving water service, if said sewer system
is available through public right-of-way without the necessity of crossing Padre Island
Drive.
"(c) Subsection (a) does not apply to a lot platted before November 7, 2001, which is
served by private sewa,qe disposal systems constructed in accordance with the Texas
Natural Resource Conservation Commission rules for On-Site Sewe.qe Facilities, 30
TAC Chapter 285, provided that such lots are not located in areas of special flood
hazard (A-zone), as designated in the Federal Insurance Administration Flood Hazard
Boundary Map, and further provided that owners of such properties enter into a written
contract with the city aRreeing to connect to city sewer at such time that city sanitary
sewer service becomes available as provided herein.
RlO618C3.wpd
2
"(d) Subsection (a) does not apply to a lot platted after November 7, 2001, if the owner
of the platted lot enters into a written contract with the City a.qreein.q to connect to a city
sanitary sewer when City provided sanitary sewer service is within three hundred (300}
feet of any boundary of the property receivinq water service and the platted lot is:
"(1) Located on the west side of State HiRhwey 361 between Packery Channel
and Mustang Island State Park;
"(2) Larger than two (2) acres;
"(3) Within an "F-R" Farm-Rural or "RE" Residential Estate District; and
"(4) Is being used for a single family residential dwelling, church, public parkI or
other public use.
"(e) Subsection (a) does not apply to a lot platted after November 7, 2001, if the owner
of the platted lot enters into a written contract with the City aRreeinR to connect to a city
sanitary sewer when a city sanitary sewer service is within three hundred (300) feet of
any boundary of the property receiving water service and the platted lot is:
"(1 ) Located on the east side of Park Road 22 between Nueces County Padre
Bali Park and the boundary line between Nueces and Kleber.q Counties;
"(2) Larger than two (2) acres;
"(3) Within an "F-R" Farm-Rural, "RE" Residential Estate, or "AT" Apartment-
Tourist District; and
"(4) Is being used for a single family residential dwelling, church, public park, or
other public use.
"(t') Water service shall be made available to a lot platted after November 7, 2001, to
the owner of the platted lot, without a showing that sewer service is available to the lot,
if the lot is:
"(1) Located on the east side of State Hi.qhway 361 between the Mustang Island
State Park and the Nueces Water Control and Improvement District ~.4 water
tank facility;
"(2) Larger than one (1) acre; and
"(4) Is being used for a public use."
R10618C3.vf13d
3
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Chdsti.
RIQ618C3.v~x~
18
AGENDA MEMORANDUM
PUBLIC HEARING-ZONING (City Council Action Date: December 18,2001)
Motion to amend ordinance prior to second reading of the proposed ordinance amending Article I 1, "AB"
Professional Office District and Article 33, Permits, Plats and Filing Fees of the Zoning Ordinance.
Summary: An ordinance to amend Article 11, "AB" Professional Office District and Section 33-1.03 Condition
Sign Permit "AB" District of Zoning Ordinance was approved on its first reading on December 11, 2001. The
ordinance as approved in its first reading was vague in its allowance in the size of sign increases. Section 2 of the
proposed ordinance is amended to reflect the intent of the maximum size of the sign increase. Attached is the
amended ordinance with the proposed changes double underscored.
MicEael N. Gunning, AICP
Director of Planning
MG/MS/er
Attachment:
1) Ordinances
Pages 2 - 7
H:\PLN-DIR\ERMA\WORDXAGENDM EM\A RTICLE I I MOTIONMEMO DOC
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: December 11, 2001)
Zoning Ordinance Text Amendment: An amendment to Article 1 I, "AB" Professional Office District
and Article 33, Permits, Plats and Filing Fees.
Planning Commission and Staff's Recommendation (II/07/01): Approval of the proposed
amendments to Articles 11 and 33.
Requested Council Action: Approval of the proposed amendments to Articles 11 and 33 and adoption of
the attached ordinance.
Purpose of Request: To amend the permitted signs in the "AB" District, allow retail sales associated with
permitted "AB" District uses and allow additional signs with Planning Commission approval.
Summary: Signs in the "AB" District are limited to one xvall sign per premise with an area of twenty (20) square
feet regardless of the number of buildings. If an owner wanted a freestanding sign, an application for a conditional
sign permit is required. Approval of the conditional sign permit would allow the freestanding sign in lieu of the wall
sign and limited to twenty (20) square feet in area and a height of fifieen (15) feet. These limitations have been
stated as being too restrictive. The Staff has proposed to amend the "AB" District to allow more signs (see
attachment). The amendment would allow one monument sign per premise and wall signs for each building on the
premise. The monument sign would be permitted twenty (20) square feet and a height of six (6) feet. Wall signs
would permit four (4) square feet of sign area per tenant per building with the maximum of twenty (20) square feet
per building.
Currently there are uses in the "AB" District that as a normal function of the use, have retail sales, such as a barber
shop, beauty shop, computer service, etc. The "AB" District does not permit any retail. As proposed, the
amendment would allow any use permitted in the "AB" District to have retail sales provided it is associated with the
permitted use. This amendment will allow the barber and beauty shops to continue selling their hair cam products
without violating the law or requesting a change of zoning to alloxv the retail sales.
Article 33-1, Conditional Sign Permit - "AB" District, authorizes the Planning Commission to grant a freestanding
sign in lieu of the permitted wall sign. The freestanding sign is limited to twenty (20) square feet and a height of
fifteen (15) feet. This article of the Zoning Ordinance is recommended to be modified to allow more than one
freestanding sign. The proposed amendment would allow the Planning Commission to grant a height increase for
the monument sign along the front yard, permit additional monument signs for detached buildings, and allow an
increase in wall sign area to 32 square feet. The additional monument signs would be limited to 20 square feet per
sign face on a 2-sided sign and a height of 6 feet. The increase in wall sign area would still limit each
tenant/occupant to 4 square feet. ~~C'~~' po
Director of Planning
MG/MS/mb
Attachments:
1) Ordinance Pages 2-6
H:~PLN-DIR\ERMA\WORD~AGENDMEMLARTICLE I 1 AGENDAMEMO DOC
Page 1 of 6
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 11,
"AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS, BY
REVISING SECTION 11-2 USE REGULATIONS; BY AMENDING
ARTICLE 33 PERMITS, PLATS AND FILING FEES, BY REVISING
SECTION 33-1.03 CONDITIONAL SIGN PERMIT--'AB' DISTRICT;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 7, 2001, during a meeting of the Planning Commission, and on Tuesday,
December 11, 2001, 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 revising Article 11, "AB" Professional Office District Regulations, Section
11-2 Use Regulations, to read as follows:
"ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
"Section 11-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(12)
(a) Detached/freestandinq siqn:
(i)
One, 1-sided or 2-sided, on-premise detached/freestandinq
monument siqn, excludinq a directional siqn, per street
frontaqe is permitted provided it does not exceed a siqn area
H RLEG-DIR~DoyleDCuftis~MYDOCS~200 I\P&ZORD0 l~Zoning,ord~DOYLEC~200 l~Art 11AB.Signs. Sec33-1.03.doc
Page 2 of 6
of twenty (20) square feet per side and a heiqht of six (6)
feet;
The siqn may be illuminated provided it does not contain any
bare bulbs or neon li,qhts. The sign, if illuminated, shall be
· '~*~'~" have ;"* .... ....., ,.~..-.+...~ ... ~.....u ...~....~ internal
qhtinq, back liqhtinq, or shielded, directional ,qround
li.qhtinq.+
(b)
Wall
si,qn
si,qns are permitted in addition to the detached/freestandinq
provided they comply with the followinq conditions: Thc
Each tenantJoccupant is permitted one siqn attached fiat
aqainst the wall of the buildinq provided the siqn does not
exceed four (4) square feet in si,qn area and the total siqn
area for the individual buildinq does not exceed twenty (20)
square feet; the siqn shall not proiect more than eiqhteen
(18) inches from the walt and shall not extend above the
hei,qht of the buildincl;
(ii)
Each illuminated siqn must be internally illuminated or back
lighted; and
(iii) Roof siqns, neon siqns and portable siqns are prohibited.
to;
(14) Additional siqns may be permitted by conditional siqn permit under Article 33-1.
H:\LEG-DIR\DoyleOC urtis~IYDOCS~200 I\P&ZORD0 l~Zoning.ord\DOYLEC~001 ~A~t 11AB.Signs,Sec33-1,03.doc
Page 3 of 6
(15) Accessory buildings and uses customarily incidental to the uses permitted in this
district, includinq retail sales accessory to the main use.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 33, Permits, Plats and Filing Fees, Section 33-1.03
Conditional Sign Permit - "AB" District, to read as follows:
"ARTICLE 33. PERMITS, PLATS AND FILING FEES
"33-1.02 Conditional Sign Permits.
In districts specified in Section 33-1, signage in excess of that allowed by right in
a district can be permitted as a conditional use with approval of the Planning
Commission. Such use would be judged appropriate upon review of a site plan
and sign elevation. The applicant will be required to demonstrate compliance
with the guidelines set forth in this Ordinance relating to (1) the use, (2) the lot
size, (3) the lot frontage, (4) the adjacent uses, (5) the hazard to passing traffic
and (6) the effect on the overall value of the area.
"33-1.03 Conditional Sign Permit- "AB" District.
Purpose: The number of siqnsl siqn heightI and si.qn area shall bn
commensurate with the relative size of the buildinql lot area and lot
frontaqe. The Planninq Commission shall have the authority to approve
si.qnaqe less than the maximum siqnaqe permitted under this section
based on the characteristics of the area and the properW, siqn size, siqn
desiqn and its appropriateness to the area.
A. The Planninq Commission, in the manner set forth below, may
consider conditional use siqn permits to authorize increases in sign
area, siqn heiqht, siqn desiqn, or the number of siqns in excess of that
allowed by riqht in the "AB" Professional Office District.
(1)
An increase in siqn area or heiqht is limited to one sign on th~.
premise that is located within the front vard setback and thP.
!.".crcaco increased siqn is limited to a total of no more than thirty
(30) square feet of siqn area and twelve (12) feet in heiqht.
(2)
Additional monument siqns may be permitted provided that each
sign identifies a separate buildinq and does not exceed a siqn area
or heiqht as stated in Section 11-2(12)(a).
H:\LEG-DIR~DoyleDCurtis~IYDOCS~200 I\P&ZORD0 l~Zonlng ord\DOYLEC~00 l~Art 11AB.Signs. Sec33-1.03.doc
Page 4 of 6
(3) Wall siqn area may be increased to no more than thirty-two (32)
square feet per buildinq, but in no event shall any tenant/occupant
have a si.qn qreater than four (4) square feet.
B. As part of the application for a Conditional Siqn Permit, the applicant
must submit the followinq:
(1) A detailed site plan drawn to scale and indicatinq the existinq or
proposed location of buildinqs, parkinq areas, drive aisles, landscaped
areas and monument siqns.
(2) An elevation plan of the proposed monument si.qn indicatinq the
height, siqn area, type of illumination, types of material, and colom
proposed.
(3) An elevation plan of the buildinq wall which contains the wall siqn,
indicatinq siqn design, siqn area, type of illumination, types of material,
and colors proposed.
Hc!~ht:
~[ ......* '"~';"~' '";" !cast affect ~tr~,
H:~LEG-DIR\DoyIeOC urtis~VlYDOCS~200 I\P&ZORD0 l~.oning.o~\OOYLEC~2001~A~11AB.Signs. Sec33-1.03.doc
Page 5 of 6
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time, except
as changed by this ordinance and any other ordinances adopted on this date, remain in
full force and effect.
SECTION 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 any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word, or provision hereof be given full force and effect for its purpose.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:~LEG-DIR'~DoyleDCurtis~IYDOCS~200 i\P&ZORD0 l~Zoning.ord~13OYLEC~200 l~Art 11AB.Signs. Sec33.1.03.doc
(0(r~ ~age 1 of 6
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 11,
"AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS, BY
REVISING SECTION 11-2 USE REGULATIONS; BY AMENDING
ARTICLE 33 PERMITS, PLATS AND FILING FEES, BY REVISING
SECTION 33-1.03 CONDITIONAL SIGN PERMIT--'AB' DISTRICT;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 7, 2001, during a meeting of the Planning Commission, and on Tuesday,
December 11,2001, 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 Chdsti, Texas, is
amended by revising Ar/icle 11, "AB" Professional Office District Regulations, Section
11-2 Use Regulations, to read as follows:
"ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
"Section 11-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(12)
(a) Detached/freestandinq siqn:
fi)
One, 1-sided or 2-sided, on-premise detached/freestandinq
monument siqn, excludinq a directional siqn, per street
frontaqe is permitted provided it does not exceed a siqn area
H:~EG.DIR~DoyleOCurtis~IYOOCS~.00 I~P&ZORD01 ~Zoning.or~DOYLEC~200 l~Act 11AB.Signs. Sec33-1.03.doc
$
Page 2 of 6
of twenty (20) square feet per side and a heiqht of six (6)
feet;
The siqn may be illuminated provided it does not contain any
bare bulbs or neon fiqhts. The sign, if illuminated, shall be
........... , internal
liRhtnq, back liqhtinq, or shielded, directional qround
liqhtinq.f
(b)
Wall siqns are permitted in addition to the detached/freestandinq
si,qn provided they comply with the fotlowinq conditions: Thc
Each tenantJoccupant is permitted one siqn attached fiat
against the wail of the buildinq provided the siqn does not
exceed four (4) square feet in siqn area and the total siqn
area for the individual buildinq does not exceed twenty (20)
square feet: the sian shall not project more than eiahteen
(18) inches from the wall and shall not extend above the
heioht of the building.;
(ii)
Each illuminated siqn must be internally illuminated or back
lighted; and
(iii) Roof siqnsI neon siqns and portable siqns are prohibited.
~.- ....... ..-- ....,-..";~"..;* .'"~*~- - .- .- - to;
(14) Additional siqns may be permitted by conditional siqn permit under Article 33-1.
H:~LEG-DIR\DoyleDCurtis~IYDOCS~200 I~P&ZO RD0 l~Zoning,orcl\OOYLEC~200 l~Art 11AB.Signs. Sec33-1.03.doc
+
Page 3 of 6
(15) Accessory buildings and uses customarily incidental to the uses permitted in this
district, includinq retail sales accessory to the main use.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 33, Permits, Plats and Filing Fees, Section 33-1.03
Conditional Sign Permit -"AB" District, to read as follows:
"ARTICLE 33. PERMITS, PLATS AND FILING FEES
"33-1.02 Conditional Sign Permits.
In districts specified in Section 33-1, signage in excess of that allowed by right in
a district can be permitted as a conditional use with approval of the Planning
Commission. Such use would be judged appropriate upon review of a site plan
and sign elevation. The applicant will be required to demonstrate compliance
with the guidelines set forth in this Ordinance relating to (1) the use, (2) the lot
size, (3) the lot frontage, (4) the adjacent uses, (5) the hazard to passing traffic
and (6) the effect on the overall value of the area.
"33-1.03 Conditional Sign Permit - "AB" District.
Purpose: The number of siqns, siqn heiqht, and siqn area shall be
commensurate with the relative size of the buildinq, lot area and lot
frontaqe. The Planninq Commission shall have the authority to approve
siclnaqe less than the maximum siqnaqe permitted under this section
based on the characteristics of the area and the property, siqn size, siqn
desiqn and its appropriateness to the area.
A. The Planninq Commission, in the manner set forth below, may
consider conditional use siqn permits to authorize increases in siqn
area, siqn heiqht, siqn desiqn, or the number of si(ins in excess of that
allowed by ri(iht in the "AB" Professional Office District.
(1) An increase in siqn area or heiqht is limited to one siqn on the
premise that is located within the front yard setback and the
!.~crc~cc increased sian is limited to a total of no more than thirty
(30) square feet of siqn area and twelve (12) feet in heiqht.
(2) Additional monument siqns may be permitted provided that each
si(In identifies a separate buildinq and does not exceed a siqn area
or heiqht as stated in Section 11-2(12)(a).
H:~LEG-DIR~DoyleDC urtis~vlYDOCS~00 I\P&ZORD0 l~Zoning,ora\OOYLEC~2001 ~A~ 11AB.Signs. Sec33-1.03.doc
5
Page 4 of 6
Wall siqn area may be increased to no more than thirty-two (32)
sauare feet per buildinq, but in no event shall any tenant/occupant
have a siqn qreater than four (4~ square feet.
B. As part of the application for a Conditional Siqn Permit, the applicant
must submit the followinq:
(1) A detailed site plan drawn to scale and indicatinq the existinq or
proposed location of buildinqs, parkinq areas, ddve aisles, landscap~
areas and monument siqns.
(2) An elevation plan of the proposed monument siqn indicatinq the
heiqht, siqn area, type of illumination, types of material, and colom
proposed.
(3) An elevation plan of the buildinq wall which contains the wall siqn,
indicatinq sicln desiqn, siqn area, type of illumination, types of material,
and colors proposed.
H:\LEG-DIR\DoyleOCurtis~IYDOCS~200 I~P&ZORD0 l~.oning,o~DOYLEC~00 l~Art 11AB.Signs.Sec33-1.03.doc
Page 5 of 6
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti,
Texas. approved on the 27~h day of August. 1973, as amended from time to time, except
as changed by this ordinance and any other ordinances adopted on this date, remain in
full force and effect.
SECTION 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 any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase,
word. or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word, or provision hereof be given full force and effect for its purpose.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DIR~DoyleDCurtisWIYDOCS~00 I\P&ZORD0 l~Zoning.orcl\DOYLEC~200 l~Art 11AB.Signs. Sec33-1.03.doc
Page 6 of 6
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 11 th day of December, 2001, by the following vote:
Samuel L. Neal, Jr. Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of ,2001, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henq/Garrett
William Kelly
PASSED AND APPROVED, this the
ATTEST:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
day of ,20~
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM December 13, 2001
Jam es(~ray, J ~/~City/,~t~o r.n ey.~j ,
Doyle/l~Curtis
SenioY"Assistant City Attorney
H:~EG-DIR'~DoyleDC urtis'~lYDOCS~.00 I'J:)&ZORD0 l~.Zoning,ord~DOYLEC~001 ~Art 11AB.Signs. Sec33-1.03,doc
19
CITY COUNCIL
AGENDA MEMORANDUM
December 12, 2001
AGENDA ITEM: South Texas (Electric) Aggregation Project (STAP) Update
PRESENTER{S}:
1. Mark L. McDaniel, Director, Office of Management & Budget
2. Geoffrey Gay, Legal Counsel, STAP
ISSUE:
After engaging in bid a bid process and extensive negotiations with several finalists, an
agreement has been reached between STAP and First Choice Power, Inc. to provide
member's (including the City of Corpus Christi) electric power supply for calendar year
2002. The commodity price and terms and conditions of service are very favorable, and
extensive efforts have been taken to minimize risk and maximize savings in a new
deregulated market. Mr. Geoffrey Gay, STAP Legal Counsel, will provide a general report
regarding the contract and associated fiscal impact.
RECOMMENDATION:
No action required.
Marl~ L. MclSanidl
Director of Management and Budget
BACKGROUND INFORMATION
Senate Bill 7 in the 1999 Legislature enacted electric deregulation and allowed cities and
other entities to aggregate their electric load for purposes of purchasing electricity more
economically. SB 7 provided the creation of a political subdivision corporation under the
Chapter 303 of the Local Government Code.
On March 23, 2001, the City of Corpus Christi hosted a meeting of CPL area cities to discuss
aggregation. The consensus of the meeting was that the cities should proceed together to
aggregate electric load through a political subdivision corporation. Subsequently, the Council
has taken the following progressive actions as recommended by City staff and the STAP
Board.
PREVIOUS RELATED COUNCIL ACTIONS:
April 10, 2001 - Approval of Resolution, which approved the Articles of Incorporation for
the South Texas Electric Project, Inc (STEP). Later known as the South Texas Aggregation
Project, Inc. (STAP).
May 8, 2001 - Approval of STAP By-Laws and the City's membership in the Project.
October 30, 2001 - Approval of Resolution, authorizing the City Manager or his designee
to sign an Electric Supply Agreement with the winning bidder for the electric load of the
South Texas Aggregation Project, Inc. (STAP) upon confirmation of economic benefit to the
city.
Attachments:
Power Point Briefing
South Texas Aggregation Project
STAP Achieved:
1. Excellent commodity price
indicative bids)
aY
(better than `4fial
2. Favorable terms and conditions
3. Simplicity and accountability
4. Rate by rate, account by account analysis
and ability to focus on problem areas where
solutions could increase savings
5. Unity
STAP Savings to Ca
• In Comparison to Price to BE
— over $1,200,000 in estimated savings compared
to price to beat (PTB) when including savings
passed on by LNRA
— Conservative projection - savings will likely be
higher under CPL's standard offer contract
— Avoidance of penalties could save $100,000
STAP Savings to Corpus Christi
• In Comparison to 2001 Prici�xb
— Lower fuel costs and disappearance of fuel
surcharges
— PUC represents that PTB for CPL will save
7.61%; STAP will save Corpus Christi
additional 6.3% off PTB (or additional 9% off
PTB with addition of LNRA savings)
Total savings, including PTB and STAP
contract , estimated $2,800,000
QuestionslComments
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Update on Base Realignment and Closure (BRAC) Legislation and
Process
STAFF PRESENTER(S):
Name
TiflelPosifion
1. NA
Department
OUTSIDE PRESENTER(S):
Name TiflelPosition OrRanizafion
t. Gary Bushell Consultant to the South Texas Military Facilities Task
Force and Corpus Christi Chamber of Commerce
ISSUE:
Presentation provided at the request of City Council, regarding the recent
discussions and decisions in relation to possible closure of U.S. military facilities.
REQUIRED COUNCIL ACTION:
Presentation - No action required at this time.
David R. Garcia
City Manager
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
December 18, 2001
AGENDA ITEM: Overview of Proposed FY 2002 Capital Budget - Format Changes
CITY STAFF PRESENTER(S):
Name Title
Mark L. McDaniel Director of Management and Budget
ISSUE: The Charter requires the City Council to act on the Comprehensive Plan or
any element thereof within sixty days of submittal by the City Manager. The Annual
Capital Budget is part of the Comprehensive Plan and therefore requires Council
approval. As a prelude to Council review and discussion, Staff would like to highlight
some of the format changes which should help facilitate review of the document and
discussion scheduled for January 8t~ and 15t".
BACKGROUND:
This initial presentation is intended to familiarize the City Council with document
format changes and detail the process that will lead up to the adoption of the
FY2002 Capital Budget by the City Council. In compliance with City Charter
requirements, the Planning Commission will first review the Capital Improvement
Planning Guide at its December 19~ Meeting as part of the overall Comprehensive
Plan.
REQUIRED COUNCIL ACTION:
No formal action is required at this time. The Council is scheduled
FY2002 Capital Budget on First Reading on January 8, 2002.
to review the
MarC( L. McDaniel
Director of Management and Budget
CITY OF
CORPUS
CHRISTI
Proposed
FY2002 Capital Budget
and
Capital Improvement
Planning Guide
FORMAT
ENHANCEMENTS
■ Includes Short -Range and Long -Range Capital
Improvement Plan (CIP) Components
■ Short -Range CIP has been adjusted to three years and
is fully -funded
• More reasonably and accurately matches available resources
with programmed multiyear capital and operating
expenditures
• Improves project scheduling
• Corresponds with bond election cycle
■ Long -Range CIP allows for planning beyond the
traditional five-year period
CIP PLANNING PROCESS
Long -
Range
CIP
Short -
Range CIP
Annual
Capital
Budget
CURRANT PROJECTS
UNDERWAY
Most Bond Issue 2000 general obligation
projects, the Seawall and major Airport
renovations are reflected in the prior fiscal year
category of the short-range CIP
• Funding has already been appropriated and
obligated
• Project updates provided via quarterly
presentations to Council
SCHEDULE
DECEMBER 18, 2001 -
DECEMBER 19, 2001 -
JANUARY 8, 2002 -
JANUARY 15, 2002 -
Official Delivery to Council
Planning Commission Public
Hearing / Review & Discussion
City Council Public Hearing/
Review & Discussion/ I st
Reading
City Council Discussion /
Adoption on 2nd Reading
Questions
4",
Comments
22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: December 14, 2001
AGENDA ITEM: Quarterly Update - Re-engineering Efforts
CITY STAFF PRESENTER(S):
Name
1. Ronald F. Massey
2. Eduardo Garana
3. Foster Crowell
4. Steve Klepper
Title
Assistant City Manager
Water Superintendent
Wastewater Superintendent
CMMS Coordinator
OUTSIDE PRESENTER:
Name
1.
2.
3.
Title/Position
Dept/Div
ACM-Public WorkslUtil.
Water
Wastewater
Wastewater
Organization
ISSUE: Quarterly Update to Council on Re-engineering Efforts
BACKGROUND: City Council authorized the Water & Wastewater Department to re-
engineer in December, 2000. A contract to implement a CMMS was approved by the
Council in October, 2001.
Ronald F. ~
Assistant City Manager
Re -Engineering Progress Report
December 78, 2001
✓ Effectiveness: doing the right things
✓ Efficiency: with as few resources as practical
E3
✓ Economy:: at the lowest reasonable total cost
KEY TO RE-ENGINEERING =
Improving Work Management ,,,$
L oU
A Computerized Work Management
(CMMS) is a tool to improve:
planning & scheduling work
(P 2)
stems
E 3
allocating resources among competing priorities
preserving assets (& reducing equipment failures)
tracking work activity costs
recording infrastructure condition
THE STAGEIS SET
& Work Has Begun
City -Wide Master Plan developed
�l Council authorized $800,000 of the pilot
(October 30, 2001)
� Workshop held for all potential users
(November 28-29, 2001)
(p 3)
E 3
10 Copies of software acquired for development
(December 2001)
�l 1st Business Unit initiated: O.N. Stevens Plant
(December 2001)
The 1st Component of the Pilot will
focus on Water & Wastewater
1.
2.
3.
4.
O. N. Stevens Water Treatment Plant
Wastewater Treatment Plants
(all 6 plants)
Water Distribution (& GIS interface)
a
t
x
Begin
Dec 2001
Feb 2002
Spring `02
Wastewater Collection (& GIS interface) Spring `02
After step 4, assess results & determine whether to fund:
• other activities in the Pilot (e.g. Solid Waste, CQM))
• interfaces with People Soft & HTE
(p 4)
"Go Live"
April 2002
July 2002
Fall `02
Fall `02
City -Wide Work Management
Systems Workshops Nov 2
(p 5)
Obtained consensus on approach & standards
from participants representing most City Depts
Standards developed for: � Communications plan
work priorities
work status
work types
asset criticality
asset condition
established
Project leads identified
A Consistent Approach Will Be Used
For Each Business Unit _w
The focus is more on improving business`p
than it is on computer technology
Analyze current business practices
Model best management practices & identify
opportunities
Gather asset data & load into CMMS
Develop job plans & Manual of Practices
Train users in system
(p 6)
ractices
QUESTIONS?
3 �Ee x
l;n
~'-~"~*'~ ~ ~
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 18, 2001
AGENDA ITEM: Quarterly Council update on the Airport Terminal Reconstruction and other
related projects.
ISSUE: The Corpus Christi International Airport is undergoing several capital projects
including the terminal reconstruction, roadway/parking improvements and the commercial apron
expansion and partial replacement. Council has directed staffto prepare quarterly presentations.
REQUIRED COUNCIL ACTION: None
ALTERNATIVES: None
IMPLEMENTATION SCHEDULE: Presentations will be prepared for delivery to Council
each quarter, and will continue until the projects are completed or as otherwise directed by
Council.
PRIOR / FUTURE COUNCIL ACTION: Council has had extensive involvement since project
began and staff will be bringing additional items to Council as required.
BOARD/COMMITTEE REVIEW: All major issues are submitted to the Airport Board for
their suggestions and recommendations.
FUNDING: Funds for these projects are from several sources including FAA Grants, Reserves,
PFC's, Bonds, and lease revenue.
Also available for the presentation will be Doug Ellis, Project Manager, DMJM.
Dave Hamrick
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Power Point Presentation
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
December 18, 2001
PROJECT DESCRIPTION: Quarterly Council Update on the Terminal Reconstruction and related
projects.
The terminal reconstruction is within schedule and budget. Anticipated move-in is scheduled for
August, 2002.
As a result of the increased security measures imposed by the FAA, staff has been working with
tenants in an attempt to redesign the terminal (checkpoint) and parking lot/roadway projects to
better accommodate the tenants and the traveling public. As a result of the Aviation and
Transportation Security Act, signed into law by President Bush on November 19, 2001, additional
changes in our normal operating procedures can be expected. A synopsis of the provisions ofthe
law is attached.
Expenditures have increased as a result of the additional security costs and revenue has
decreased as a result of the increased security requirements and a reduction in the number of
passengers. Staff has made cuts in the expenditure budget, primarily by the elimination of capital
purchases, (excluding the obligated parking lot revenue project reimbursement and a new easy-go
cart for use in the parking lot), deferring some non-critical maintenance, reducing non-essential
expenditures, and delaying in filling some vacant positions. Our current projection includes a net
deficit of $261,149 attributable to the September 11th attack, minus federal reimbursement for the
additional security related expenses. Due to the possibility of federal reimbursements, along with
additional revenue due to new Comair service and charter flights to Las Vegas, it is possible that
we could end the year with either a balanced budget or a net gain.
In the current design the concessionaires are located after, or post, checkpoint and we have seen a
decrease in associated revenue. Indications are that the FAA restriction of ticketed passengers
only post checkpoint will be permanent so we are relocating the checkpoint so that all
concessionaires, except for the bar, are pre-checkpoint. If passengers in the bar want to order
from the restaurant, we have redesigned so that they will be able to.
We have been notified (verbally) that the prohibition of parking unauthorized/unattended vehicles
within 300' of the terminal should be considered permanent. There is a Council action item on
today's' regular agenda that addresses the Parking Lot/Roadway redesign. Understanding that at
some point in the future the restriction may be relaxed or removed, and wanting to be as user
friendly for our customers, we have prepared a new concept we believe will be approved by the
newly created Transportation Safety Administration that will allow us to use the short term parking
and the area immediately adjacent to the east side of the terminal for rental car operations. The
redesign is based on amendments that are currently being used at other airports and requires that
vehicles being parked within 300' of the terminal be inspected. We will be able to accomplish this
with the new design and, if the restriction is ever lifted in the future, resume normal operations at no
additional costs. Because of the expected heavy traffic on the north portion of International Drive
and additional drainage concerns associated with the VT Aero construction project, we are
proposing that this project be phased. The first phase would address the Parking Lot, Loop Road
i-T-
and Rental Car ready/return areas, replacing the 12" water line feeding north on International Drive,
and replacing the street lights on all of International Drive. We also plan on listing, as add
alternates, covered canopies connecting the long-term lot to the terminal canopy. The 2n~ phase
would be to complete International Drive. This concept is supported by our current on-property
rental car companies (letter attached), and the Airport Board.
FUNDING: Funding is available from a series of sources, including FAA entitlement grants, bonds,
reserves, PFCs, and FAA reimbursement for increased expenses directly associated with federally
mandated additional security.
BOARDICOMMrrrEE RECOMMENDATION: The relocation of the checkpoint and design
modifications of the Parking LotJRoadway project was approved by the Airport Board on November
28,2001.
. EXHIBIT A 1
0 0 0
ill
[]
0 0
0 0
CORPUS CHRISTi iNTERNATIONAL AIRPORT
GENERAL ACTIVITY REPORT
NOVEMBER 2001
AM EAGLE/SiMMONS
ASA/DELTA
CONTINENTAL
CONTINTENTAL EXP
SOUTHWEST
CHARTER FLIGHTS
AUSTIN EXPRESS
'rtL NOV 0t
'lq'L NOV 00
INCI(DEC)
* REV & NON-REV
* PASSENGERS
ENPLANED DEPLANED
6,t44 6,220
1,723 1,679
2,877 2,933
7,8t6 8,074
11,755 11,853
ENPLANED SEATS SEATS
+1- LOAD AVAILABLE AVAILABLE
TOTAL LAST YR FACTOR 2001. 2000
12,364 (1,599) 48.2% 12,734 11,514
3,402 (286) 58.6% 2,940 3,000
5,8t0 817 51.2% 5,620 4,565
15,890 (t,146) 73.8% 10,695 12,356
23,608 (3,973) 60.8% t9,330 27,265
(27) 0.0%
(387) 0.0% t ,482
61,074 (6,601) 59.2% 51,219 60,182
73,64t 61.3% 60,182
(8,963)
30,315 30,759
36,916 36,725
(6,601) (5,966) (12,567) -17.9%
Market Share
Load Factors
20%
38%
6%
Io%
BAM EAGLE/SIMMONS
m CONTINENTAL
BSOUTHW~ST
AM EAGLE/SIMMONS
ASA/DELTA
CONTINENTAL
CONTINENTAL EXP
SOUTHWEST
CHARTER FLIGHTS
AUSTIN EXPRESS
YTD '2001
YTD '2000
INCI(DEC)
26%
BASA/DELTA
n CONTiNTENTAL EXP
· YEARTO DATE PASSENGERS
°~OF MKT ENPLANED DEPLANED TOTAt,
20.55% 79,777 81,497 161,274
4.79% 18,628 18,932 37,560
6.18% 24,108 24,358 48,466
25,75% 101,734 100,332 202,066
42.50% 166,861 166,745 333,606
0.24% 953 947 1,900
0.00%
100% 392,061 392,811
424,873 426,301
(32,812) (33,490) (66,302) -7.7%
IBAM EAGLE/SIMMONS mASNDELTA
o CONTINENTAL I-i CONTINTENTAL EXP
B SOUTHWEST
ENPLANED YTD Y'iT) AVERAGE
+1- SEATS AVERAGE LOAD
LAST YR AVAILABLE ENPLANED FACTOR
(12,756) t40,998 7,252 56.6%
(3.385) 31,920 ¶ ,693 58.4%
(2,780) 48,197 2,192 50.0%
636 136,539 9,249 74.5%
(tl,730) 295,446 15,169 56.5%
(1,189) 87 0.0%
0.0%
(1,508)
784,872 (32,812) 653,100 35,642 60.0%
851,174
Enplanements by Airline
%
OF MKT
CORPUS CHRISTI INTERNATIONAL AIRPORT
GENERAL ACTIVITY REPORT
NOVEMBER 2000
LOAD SEATS SEATS
PASSENGERS +1- FACTOR AVAILABLE AVAILABLE
ENPLANED DEPLANE TOTAL LAST YR 201)~) 21)~)q 1999
SIMMONS/AM EAGL 2t.4T%
ASA/DELTA 0.29%
AUSTIN EXPRESS 0.97%
CONTINENTAL 8,38%
CONTINTENTAL EXP 24.40%
SOUTHWEST 42.39%
CHARTER 0.08%
7,743 8,065 15,808 (2,464) 67.2% 11,514 14,642
2,009 1,886 3,895 294 67.0% 3,000 2,950
387 367 754 754 26.1% 1,482
2,060 1,883 3,943 426 45.1% 4,568 3,466
8,962 9,008 17,967 (1,837) 72.5% 12,356 12,812
15,728 15,490 31,218 (992) S7.7% 27,268 27,758
27 29 s~ (11s) 0.0% 0 0
TrL NOV 00 100% 36,016 36,725 73,641 (2,034) 61.3% 60,182
TrL NOV 99 38,668 38,907 77,575 62.8% 61,618
INC/DEC (1,752) (2,182) (3,934) -5.1% (1,436)
*TTL REV/NON-REV PSNGRS
61,618
YEAR TO DATE PASSENGERS
+1- OVER
%OFMKT ENPLANE~D DEPLANE TOTAL LASTYR
AM EAGLE/SIMMON 22% 92,533 95,584 188,117 (18,375)
ASA/DELTA 5% 22,0t3 21,885 43,898 5,390
AUSTIN EXPRESS 0% t,608 t,626 3,234 3,234
CONTINENTAL 6% 26,888 22,24t 49,129 7,523
CONTINENTAL EXP 24% 101,098 104,137 205,235 (14,873)
SOUTHWEST 42% 178,591 178,632 357,223 (3,441)
CHARTER FUGHTS 0.51% 2,142 2,196 4,338 509
YTD'2000
YTD'1999
INClDEC
100% 424,873 426,301 851,174 (19,733)
43S,687 435,220 870,907
(10,814) (8,919) (19,733) -2.3%
TrL NOV 00
l'rL NOV 99
INC/DEC
YTD '2000
Y'n) '1999
INClDEC
FAA REPORT ON OPERATIONS
AIR GENERAL
CARRIER AVlATION MILITARY TOTAL
955 4,591 4,595 10,141
953 5,620 4,691 11,264
2 (1,o20) (06) (1,123) -lO%
11,012 54,189 54,199 119,400
11,506 54,83t S1,332 117,669
(494) (642) 2,867 1,731 1%
I'TL NOV 0t
TFL NOV 00
INC/(DEC)
YTD '2001
YTD '2000
INCI(DEC)
FAA REPORT ON OPERATIONS
AIR GENERAL +1- OVER
CARRIER AVIATION MILITARY TOTAL LAST YR
504 4,213 4,354 9,071
955 4,591 4,598 10,141
(451) (378) (241) (1,070) -11%
8,318 52,967 53,823 115,108
11,0t2 64,180 ~4,109 119,400
(2,994) (1,222) (376) (4,202) ..4%
%OF MKT
AIRBORN(BERRY AV) 32.1%
AM EAGLE/SIMMONS 1.8%
ASA/DELTA 2.1%
AMERIFLIGHT, INC. 0.0%
CONTINENTAL EXP 0.0%
CONTINENTAL 0.0%
SOUTHWEST 25.6%
UPS (AirNow) 38.4%
AUSTIN EXPRESS 0.0%
TTL NOV 01 100%
TTL NOV 00
INCI(DEC)
'Yl'D'2001
Y'TD'2000
INC/(DEC)
CARGO ;LBS)
ENPLANED ENPLANED DEPLANED DEPLANED
FREIGHT MAIL FREIGHT MAIL TOTAL
26,646 46,387 71,933
894 3,044 3,938
678 4,130 4,708
21,577 31 33,038 2,734 67,380
36,810 50,207 86,017
83,511 31 134,656 5,778 223,976
110,007 27,806 170,552 26,586 334,950
(26,496) (27,TT5) (35,896) (20,807) (110,974) -33%
1,131,984 224,462 1,646,390 162,527 3,t66,363
1,059,600 420,572 1,910,314 838,398 3,928,884
72,384 (196,110) (263,924) (375,871) (763,621) -19%
+1- OVER
LAST YR
(8,13o)
(16,989)
1,800
(8,278)
*not reported
*not reported
(44,660)
(3S,700)
(61)
(110,974)
N~ldO ~.~dO
(:s-x/s,
I
Cs
lTL NOV 81
'ITL NOV 00
INCI(DEC)
YTD '2001
YTD °2000
INCI(DEC)
I~AA REPORT ON OPERATION~
AIR GENERAL +1- OVER
CARRIER AVIATION MILITARY TOTAL LAST YR
504 4,213 4,354 9,071
065 4,591 4,595 10,141
(45t) (378) (241) (t,070) -11%
8,318 52,967 53,023 115,108
11,012 54,189 54,199 119,400
(2,694) (1,222) (376) (4,292) -.4%
%0F MKT
AIRBORN(BERRY AY) 32.1%
AM EAGLE/SIMMONS 1.8%
ASA/DELTA 2.1%
AMERIFLIGHT,INC. 0.0%
CONTINENTAL EXP 0.0%
CONTINENTAL 0.0%0
SOUTHWEST 28.6%
UPS (AirNow) 38.4%
AUSTIN EXPRESS 0.0%
TTL NOV 0t 100%
l'rL NOV 00
INCI(DEC)
YTD '2001
YTD '2000
INC/(OEC)
CARGO {LBS)
ENPLANED ENPLANED DEPLANED DEPLANED
FREIGHT MAIL FREIGHT MAIL TOTAL
25,546 46,387 7t ,933
894 3,044 3,938
578 4,130 4,708
21,677 31 33,038 2,734 57,380
35,810 50,207 86,017
83,511 3t 134,656 5,778 223,976
110,007 27,806 170,562 26,685 334,950
(26A96) (27,775) (35,896) (20,807) (110,974) -33%
1,131,984 224,462 1,646,390 162,527 3,165,363
1,059,600 420,572 1,910,314 638,398 3,928,884
72,384 (196,110) (263,924) (375,871) (763,521) -19°/o
+1- OVER
LAST YR
(8,130)
(16,965)
1,800
(8,278)
*not reported
*not reported
(44,680)
(35,700)
(61)
(110,974)
December 11, 2001
David R. Garcia, City Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Dear Mr. Garcia:
A combined car rental agency meeting was held on December 11, 2001 with Dave Hamrick,
Director of Aviation, and his staff to discuss redesign of the proposed Roadway/Parking Lot
Construction Project.
As a result of this meeting an agreement was reached among the car rental agencies currently
located at the Airport that the proposed changes on this Project, as presented by the Aviation
Department, result in the most accommodating, user-friendly and best design for the traveling
public and rental car agencies.
We would also request that we be given the opportunity to expand our car rental facilities beyond
the existing FAA Tower Building when the demolition of this building is completed.
We certainly appreciate Mr. Hamrick inviting us to this meeting and allowing us the opportunity
to express our ideas.
~~.~fincerely,
Tom Hallick, Owne~"~
Avis Rent-A-Car
~nny Rilflge, Manager
tage Rent-A-Ca~/
Eddie Vawser, Owner
Budget Rent-A-Car
Doug Darfiell, Owner
He~ent-A-Car
Phil Ridgeway, President
National Rent-A-Car
cc: Mayor Loyd Neal
Council Membem
OVERVIEW OF SELECTED PROVISIONS IN THE NEW AVIATION AND
TRANSPORTATION SECURITY LAW
To assist you in becoming familiar with the new law, we have prepared the listing of provisions
below that are likely to be most relevant to you, and to your airport and airline clients. This
includes a synopsis of the provisions and the section of the Act where the provision is located.
SECURITY ADMINISTRATION AND OVERSIGHT
· Establishes a Transportation Security Administration (TSA) within the Department of
Transportation (Sec. 101).
· Creates the new position of Under Secretary of Transportation Security to head the TSA
(Sec. 101).
Makes the Under Secretary responsible for all transportation security, including aviation
(Sec. 101).
Gives the Under Secretary full authority to hire, fire, and determine screeners' condition of
employment and to decide whether to allow unionization by screeners, who cannot strike
under any circumstance (See. 101).
· Creates a seven-member Transportation Security Oversight Board to review the Under
Secretary's actions (Sec. 102).
FEES AND FUNDING
Requires the Under Secretary to impose a uniform security fee on all passengers for trips
originating at U.S. airports that is not to exceed $2.50 per enplanement per leg, and is not to
exceed up to $5.00 per trip (one-way) (See. 116).
Allows the Under Secretary to impose an additional fee on airlines should the passenger fee
not be sufficient to cover the costs of various security services including costs for Federal
screening personnel, the Federal air marshal program, and certain civil aviation security
research and development. This aggregate additional fees collected may not exceed the
amount paid by airlines in calendar year 2000 for screening passengers and property. The
fees collected per carrier in fiscal years 2002, 2003, and 2004 may not exceed the amount
paid by that carrier in calendar year 2000 for screening passengers and property (Sec. 118).
Authorizes (subject to appropriation) a total of $1.5 billion for fiscal years 2002 and 2003 to
reimburse airport operators, on-airport parking lots, and vendors of on-airfield direct services
to air carriers for direct costs incurred by such operators to comply with new, additional, or
revised security requirements imposed on such operators by the FAA or TSA on or afier
September 11, 2001 (Sec. 121).
Page 1 of 4
Suggests that airports receiving Federal financial assistance should meet with the tenants of
the airports (other than airlines) to discuss adjustments to tenants' rents to account for revenue
losses incurred on or after September 11, 2001 (Sec. 122).
Suspends for fiscal year 2002, the requirement for competition plans if an airport's Passenger
Facility Charge fees or Airport Improvement Program grant is to be used to improve security
(Sec. 123).
Allows increased flexibility to use Airport Improvement Programs grants in fiscal year 2002,
including payment of debt service to prevent a default and for security operations (Sec. 119).
PASSENGER AND PROPERTY SCREENING
Requires that uniformed Federal personnel supervise all screening of passengers and property
(Sec. 110).
· Requires a system to screen all checked baggage be in place at all airports by no later than
January 18, 2002 (60 days after President Bush signed the legislation into law) (Sec. 110).
· Provides alternative means to screen checked baggage if Explosive Detection Systems (EDS)
are not available by January 18, 2002. These alternatives include (1) a bag match program, (2)
manual search, (3) canine search, or (4) other means or technology approved by the Under
Secretary (Sec. 110).
· Requires Explosive Detection Systems (EDS) be used to screen all checked baggage by no
later than December 31, 2002, if available (Sec. 110).
· Requires that a system be put in place to screen, inspect, or otherwise secure all cargo
transported in all cargo aircraft as soon a practical (Sec. 110).
Requires the Under Secretary to deploy a Federal workforce to screen all passengers and
property by November 19, 2002 (1-year after President Bush signed the legislation into law.)
In the meantime, private screening companies will continue to screen passengers and property
(Sec. 110).
Requires the Under Secretary to establish a pilot program to allow private companies under
contract with the Under Secretary to screen passengers and property. The program begins on
November 18, 2002 and ends on November l 8, 2004. Airport operators must submit
applications. The Under Secretary may select only one airport from each of the five airport
security risk categories (Sec. 108).
· Allows an airport to 'opt-out' of Federal screening and have a private company under contract
with the Under Secretary screen passengers and property. The airport must submit an
application to the Under Secretary to be considered. The program begins two years after the
Under Secretary certifies to Congress that Federal screeners are in place. Certification must
occur no later than November 19, 2002 (Sec. 108).
Page 2 of 4
AIRPORT PARKING RESTRICTIONS (300-FOOT RULE)
Allows an airport to be exempt from any security rule, order, or other directive restricting the
parking of passenger vehicles, including limiting parking to no closer than 300 feet from the
terminal, if the airport has sufficient safeguards in place. To qualify, airports must consult
with their State and local law enforcement authorities and certify in writing to the Under
Secretary that these measures have been taken. The Under Secretary must respond to airports
within a designated timeframe (if determining that restrictions must be continued) (Sec. 106).
AIRPORT PERIMETER ACCESS SECURITY
Allows the U.nder Secretary to deploy law enforcement personnel at any airport secure area to
counter security risks following consultation with airport operators and law enforcement
authorities (Sec. 106).
Requires the Under Secretary in deploying law enforcement personnel to consider the physical
security needs of air traffic control facilities, parked aircraft, aircraft servicing equipment,
aircraft supplies (including fuel), automobile parking facilities within airport perimeters or
adjacent to secured facilities, and access and transition areas at airports served by other means
of ground or water transportation (Sec. 106).
· Requires the Under Secretary to screen all individuals, goods, property, vehicles and other
equipment before entry into airport secured areas (Sec. 106).
Requires the Under Secretary to prescribe specific requirements for such screening and
inspection that vall assure at least the same level of protection as will result from screening of
passengers and their baggage (Sec. 106).
Requires vendors having direct access to the airfield and aircraft to develop security programs
(Sec. 106).
Allows for using biometric or other technology that positively verifies the identity of each
employee and law enforcement officer entering an airport secure area (Sec. 106).
Requires the Under Secretary to develop a plan to provide technical assistance to enhance
security at small and medium airports (less than 1 percent of total annual U.S. enplanements)
and financial assistance to defray the cost of enhancing security (Sec. 106).
Requires the FAA Administrator to establish pilot programs at no fewer than 20 airports to
test and evaluate new and emerging technology for providing access control and other
security protections for closed or secured areas (Sec. 106).
Page 3 of 4
ENHANCED SECURITY MEASURES
· Allows the Under Secretary to establish a uniform system of identification for all State and
local law enforcement personnel for use in obtaining permission to carry weapons in aircraft
cabins and in obtaining access to an airport secured area, if otherwise authorized to carry such
weapons (Sec. 109).
· Allows the Under Secretary to establish requirements to implement trusted passenger
programs to expedite the screening of certain passengers (Sec. 109).
Allows the Under Secretary to provide for using technologies, including wireless and wire
line data technologies, to enable the private and secure communication of threats to aid in
screening passengers and other individuals on airport property who are identified on any State
or Federal security-related data base for the purpose of having an integrated response
coordination of various authorized airport security forces (Sec. 109).
Allows the Under Secretary to provide for the use of voice stress analysis, biometric, or other
technologies to prevent a person who might pose a danger to air safety or security from
boarding the aircraft of an air cander or foreign air carrier (Sec. 109).
Allows the Under Secretary to provide for the use of technology that will permit enhanced
instant communications and information between airborne passenger aircraft and appropriate
individuals or facilities on the ground (Sec. 109).
Allows the Secretary of Transportation to require airports to maximize the use of technology
and equipment that is designed to detect or neutralize potential chemical or biological
weapons (Sec. 120).
MISCELLANEOUS PROVISIONS
Requires that aircraft flight deck doors and locks be strengthened as soon as possible
(Sec. 104).
Requires air marshals on every high security-risk flight as determined by the Under Secretary
and allows for air marshals on all other flights (See. 105).
Page 4 of 4
AGENDA MEMORANDUM
DATE: December 18, 2001
SUBJECT: Approval of the Roadway/Parking Lot design for the Corpus Christi
International Airport.
AGENDA ITEM: Motion authorizing the City Manager or his designee to approve the
Roadway/Parking Lot design for the Corpus Chdsti International Airport.
ISSUE: Council policy Number 13 states: "It is the City Council's intent to review requests
for proposals from consultants for projects of special interest, and conceptual designs of
major buildings and other major capital projects, which involve decisions concerning
aesthetics and other controversial factors which ultimately require review by the City
Council."
Due to the recent additional security requirements, adjustments were required to the
odginal Roadway/Parking Lot design that had previously been presented to Council. Staff
has developed what is believed to be the user-friendliest redesign. Additional background
for this item is contained in the Airport Reconstruction Quarterly Presentation material.
Dave Hamrick
Director of Aviation
Attachments:
PowerPoint presentation (Quarterly Presentation)
C:~WINDOWS~TEMP~ROADWAYPAR K]NGAGENDAMEMO.DOC
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 14, 2001
AGENDA ITEM: Ordinance revising Section 55-151(b) of the Code of Ordinances,
City of Corpus Christi, relating to the City's water-well leasing program; providing for
severance; and providing for publication.
ISSUE: The City of Corpus Christi by ordinance Sec 55-151 (b) is required to maintain
a water well leasing program with sufficient leased acreage to produce 60 million gallons
per day (MGD). The City currently owns or leases several standby water wells for
emergency conditions to supplement the City's water supply. A series of wells are located
near Lake Corpus Christi (LCC) and downstream of LCC adjacent to the Nueces River in
the Gulf Coast Aquifer. Another system of four wells is located near the City of
Campbellton in Atascosa County. The City also leases property that does not include wells
in anticipation of drilling during drought. The City contracted with HDR to evaluate the
existing standby groundwater supply. In order to allow the City Manager to implement
HDR's recommendations, the Council will need to amend the ordinance to provide the
flexibility to consider all available soumes of water to supplement the LCC/CCR system.
REQUIRED COUNCIL ACTION: Adopt ordinance amending Section 55-151(b),
Code of Ordinances.
PREVIOUS COUNCIL ACTION: The original ordinance requiring the City Manager
to acquire groundwater wells was adopted in February of 1987 during a drought.
CONCLUSION AND RECOMMENDATION: With the construction of the Mary
Rhodes pipeline, the availability of other surface and groundwater options, and the
expense and quality issues with the current groundwater sources, this ordinance
should be amended to allow the City Manager greater flexibility in pursuing other
options.
BACKGROUNDINFORMATION
The City of Corpus Christi acquired groundwater wells and leases in anticipation that they could
be used to supplement the Lake Corpus Christi (LCC)/Choke Canyon Reservoir (CCR) systems
during critical drought conditions.
Corpus Christi's standby groundwater supply system currently includes twelve wells adjacent to or
downstream of Lake Corpus Christi and four wells in Atascosa County near Campbellton. (The City
owns eight wells, and leases eight properties with and eleven properties without water wells.)
The well leases near Lake Corpus Christi were acquired during the drought of the 1980's as a
short-term water supply solution during a severe drought. The Campbellton wells were purchased
during the 1950's -- also during a drought. The well leases were acquired since no other source
of water was available. The leases were acquired knowing the wells would only be used as a
short-term solution under a specific set of circumstances. The wells were never intended to
supplement the City's water supply on a long-term basis. Since the leases could be renewed for
only five more years, the leases would not meet the City's long-term water needs. HDR recently
completed an evaluation of the existing Standby Groundwater Supply wells and leases. A copy
of their evaluation was provided to Council in the City Manager's report dated December 7 Their
report recommends the following:
Report Recommendations
Well Name Abandon Maintain Convert'
Girl Scout, Boy Scout X
CC#l, CC#4 Brown#2, Smith#l, Smith#2, Phillips, X ....
__Gallagher, Dunn
Peter, Brown #1, Nason X
**Properly leases without wells.
t~Campbellton (should be sold)
*Convert from production well to monitoring well. ------
**Bednorz, Countiss and Nicholson leases should be considered for monitoring wells.
All other leases should be allowed to expire.
The usefulness of the existing wells and leases near Lake Corpus Christi, the Nueces River, and
Campbellton as a groundwater supply has changed in recent years. The addition of the Mary
Rhodes Pipeline from Lake Texana and the purchase of the Garwood water rights in the Colorado
River Basin have made the City's water supply system more drought tolerant. The Garwood and
Lake Texana water are highly dependable sources located in prolific regions. The Garwood water
is also a senior water right (November 2, 1909) virtually guaranteeing the water. Thus, the need
for standby groundwater supplies is significantly diminished since the water provides a long-term
solution from Lake Texana and the Colorado River.
AN ORDINANCE
REPEALING SECTION 55-151 (b) OF THE CODE OF ORDINANCES, CITY
OF CORPUS CHRISTI, WHICH REQUIRED THE CITY MANAGER TO
PURSUE A WATER-WELL LEASING PROGRAM; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 55-151(b) of the Code of Ordinances is repealed.
"Sec. 55-151. Water conservation and drought contingency plan.
"(a) The Water Conservation and Drought Contingency Plan for Corpus Christi, dated
August 24, 1999, a true copy of which is on file in the office of the city secretary, is
adopted, and shall be followed in matters concerning water conservation, drought
management, and water supply enhancement programs.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R13773A1.wpd
Standby Groundwater
Supply System
Presentation to:
Corpus Christi City Council
December 18, 2001
WATER
Current Policy
VSec. 55-151. Water conservation and
drought contingency plan.
T(b) The city manager shall pursue a water well
leasing program to obtain and maintain
sufficient leased acreage to produce at least
sixty million (60,000,000) gallons per day of
groundwater to supplement surface supplies,
as needed.
HDR Engineering Evaluation
Other Opportunities for
Standby Water Sources
VOptimum use of Lake Texana supplies
VGarwood water
®Better groundwater quality to the northeast
along pipeline route
-Desalination Options
100.0%
90.0%
80.0%
0
.°�_. 70.0%
d
rn
60.0%
0
U)
£ 50.0%
d
j 40.0%
N
E0 30.0%
w
20.0%
10.0%
0.0%
What would Reservoir Levels be
without Lake Texana ?
m m m W 0 O N N
Year
With Texana
— Without Texana
A
Nr
Appro)amately80,000 aeft
or 8.5% of System
Storage Net Improvement
Due to Mary Rhodes
m m m W 0 O N N
Year
I
Conclusions
VBetter options for Supplemental mater
Supplies Are Available Today
VCity Ordinance Sec. 55-151 Limits The
Flexibility Of City Manager
Recommendation
V Amend Sec. 55-151_ (b) to provide the City Manager
Maximum flexibility to arrange for supplemental water
supplies.
City of Corpus Christi
Standby Groundwater Supply
Evaluation
Presentation to:
Corpus Christi City Council
December 18, 2001
fq
"""I ��! --cl!._
iA'Slifi
Asunt -- ;
r
$r '
's}�40u,ndwat r
,^"�r \ r v \ L+...a' r �- d �. .,f i'i'i rf ry >• - i .-�i
D if t`+.
d 1r j �7 rc 'r�rc FFA j �l: dA.�
it JOUJ�)J17 S+ ON i
'f�..
CAMPBELLTON }
,DEL t r '� - ' `' r F<; 4 Wells
RIO
� _1 � �1, (Carnzo Wilcox Aquifer)
OOMI if
14
R
_.
River
EAGLE
PASS
` Nueces
a ti
ivec�
LAKE CORPUS CHRISTI AREA�� ` I
BARE 12 Wells (Gulf Coast Aquifer) T_ 3„
And 17 Land Leases
c f f ip
Summary of City's Standby
Groundwater Supply
• Campbellton Wells
—4 Wells, 11.8 mgd supply (max)
(13,200 acft/yr)
• Lake Corpus Christi Wells
12 Wells, 14.2 mgd supply (max)
(15,900 acft/yr)
_._ _._ r -„Y ��fi.. vK £ i' :,'i"�, Tit [° '. �� ..T .,✓ X» n e�pa�,� ._
er. 5-.A �• -n � `�' � :. v ,,rt
imp e'fiton VUeYI
4L NNI,
�.a 4 landNIle
yup
ti
City of -
I ' Campbellton
140
10
♦dam i t
�, 1
IL
Campbellton Well Issues
• Need to overhaul pump facilities at each well
(actual max production approx. 9.8 mgd (1.0,970 acft/yr))
• Potential long-term drawdown impacts
• Must cool water before discharge to river
• Large losses in delivery to Calallen Dam
• Must provide for local users
(Campbellton Area)
5
Opinion of Probable Cost —
Campbellton Wells
Total Project Costs
$10,9259900
Annual Cost
$1,630,800/yr
Project Supply
(as delivered to Calallen Dam)
3,845 acft/yr
Annual Cost
$424/acft/yr
6 LT`g7
1 LG\
$400
$300
R
$100
$0
Project Cost Comparison
Garwood Pipeline
Campbellton Wells
fq
F L'
S Y
L iS r i+40
6
mi,
r
r
i
aP
c rfr d:• 1 ' An \\ -- �A o cc..Z yir '♦ 1
Operational
!! Mathis
Not Operational
■ Leased Property
LAKE CORPUS CHRISTI AREA
12 ells Gulf Coast Aquifer)
And 17 Land Leases
� r �• r -� .
111111 I^n ,�:.
Orange
Grove4-1
,
9 r i
�'Gt�R S � r
CHRISTI/y
-- � f
1 r �
_ r
/ r
�� ' 4', - '` / BIuntzer r
LCC Well Issues
• Need to overhaul pump facilities at each well
• Water Quality- of GW degrades SW supply
• Interconnectivity of GW and SW
• Water Quality impact to Lower Nueces River
Water Users
E
I��
t -
3000
2500
2000
cn
rn
91500
fA
0
1000
.1
M
Lower Nueces River Basin Water Quality
Total Dissolved Solids
TDS WQ Standard =1000 mgA.
341 mg�L
Nueces River At
Mathis
456 mgAL
Nueces River At O.N.
Stevens intake
10
1310 mg AL
Groundwater Reserve Wells
fq
1400
1200
rn 1000
E
N
C
p 800
F
C
d
V
6 600
U
d
s
'C
°
z 400
U
KIN
0
Lower Nueces River Basin Water Quality
Chloride Concentrations
Chloride concentration WQ Standard =300 mg,L III
--------——————————— I — — — — — — — — — — — —— '335mgiL
'-
162 mq,L
73 mgt J
Nueces River At Nueces River At O.N. Groundwater Reserve Wells
Mathis Stevens Intake
I1 fq
2.00
1.80
1.60
1.40
1.20
CnE
d 1.00
v
Q 0.80
CO
0.60
0.40
0.20
0.00
Lower Nueces River Basin Water Quality
Bromide Concentrations
Approximate Threshold To Meet Standard =0.7 mgfi-
--------------------— — — — — — — — — — — — —
0.53 mg A.
0.19 mgAL
Nueces River At O.N. Stevens
Nueces River At Mathis Intake
12
1.17 mq rL
Groundwater Reserve Wells
huq
Water Quality Degradation Issues
• Impact
— Koch
to Industrial Customers
— Celanese
• Impact to Municipal Customers
— City of Corpus Christi
— SPMWD
• Impact to Other Water Rights Users
— Robstown (WCID#3)
13 Aq
Opinion of Probable Cost
LCC Wells
Total Project Costs
Annual Cost
Project Supply
Annual Cost
14
fZ
$600
` $400
ip
$300
N
O
U
'c
$200
$0
Project Cost Comparison
Garwood Pipeline
15
LCC Wells
fq
Summary of
Standby Groundwater Supplies
• Campbellton Wells
More expensive than other water supply
options
— Very inefficient use of the resource
— Difficult Regulatory constraints (temperature
and groundwater export fees)
— Need to maintain local (Campbellton) supply
from the wells
Summary of
Standby Groundwater Supplies
(cont'd)
• LCC Wells
-- Reasonable raw water cast for supply
— Negatively impacts water quality for both City
raw water customers and other water rights
holders
— Increases complexity and cost at City's water
treatment plant
— Long-term degradation of Lower Nueces River
water quality
17
FaZ
26
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting: 12/18101
AGENDAITEM:
Motion authorizing the City Manager to execute an agreement with SMG to perform pre-
opening services and management services for the Multi Purpose Arena.
ISSUE:
Pdor to the election in November of 2000, the City Council mede a policy decision to have
the Multi Purpose Arena operated by a private contractor. The City solicited proposals
from companies qualified to run the facility and received two proposals.
PREVIOUS COUNCIL ACTION:
On October 10, 2000, the City Council selected SMG as the firm to manage the facility.
REQUIRED COUNCIL ACTION:
Execution of an agreement covering pre-opening and management of the facility is
necessary to implement that policy decision.
FUNDING IMPACT:
Pre-opening costs have been budgeted in the overall project budget. The agreement
provides for the City to pay operating costs plus a management fee which begins at
$125,000 in the first year of operation and growing to $150,000 in the fifth and final year
of the contract. The firm may also earn a bonus of 25 percent of the base fee based on
the overall financial performance of the facility and the results of customer feedback on the
performance of the contractor. The expenses and management fee will be part of the
operating budget that will be derived from fees and charges at the Arena.
CONCLUSION AND RECOMMENDATION:
Pdvate management was a key element of the Arena project presented to the voters. The
agreement that has been reached is consistent with the financial pro forma developed as
part of the feasibility analysis. It is recommended that the motion be approved.
George K. Noe
Deputy City Manager
BACKGROUND INFORMATION
Key Elements of the Agreement
Tenn: Consulting during design, pre -opening and 5 years of operation from the date of
opening of the Arena.
Management Services: Overall direction of the facility including the duty and authority to
direct, supervise, manage and control the proper and efficient operation of all activities
within the Arena including establishing and implementing (once approved by the City)
booking policies and negotiating with users, planning and coordinating the operations of
the Arena including retention of employees, training and supervision. As part of the base
service, SMG will also coordinate licensing, advertising, promotion, marketing and sale of
luxury boxes. The sale of naming rights is a service that may be provided at the City's
option for compensation to be mutually agreed upon.
Convention Center. By mutual agreement, the City and SMG may agree to amend the
agreement to provider for SMG to manage the Convention Center and/or Memorial
Coliseum.
Fees: Technical Services and Pre -opening costs will be reimbursed on a time and
expenses basis. Management Fees shall be as follows:
Year 1 $125,000
Year 2 $130,000
Year 3 $135,000
Year 4 $140,000
Year 5 $150,000
incentive Fees: Based on a combination of financial performance and customer
evaluation, SMG may earn an incentive fee of 25% of the management fee in any given
year. In the first two years of operation, the financial benchmark will be meeting the
budgeted net performance. In the remaining 3 years, it would be achieving operating
income.
Termination: The contract may be terminated for cause at any time and with or without
cause after the third year of operation.
Non -Compete: SMG agrees not to operate a competing facility within 100 miles of the
Arena.
Arena Management Team: The City has the right to approve employees for certain key
positions and agrees not to solicit and hire those persons except the chief engineer for 12
months following termination of the agreement.
City of
Corpus
= Chnsti
%00,...O -
TO: Mayor and City Council Members
FROM: George K. Noe, Deputy City Manager
DATE: December 14, 2001
SUBJECT: SMG Agreement for Management Services for Arena
MEMO
The final agreement with SMG to perform pre -opening services and management services
for the Multi Purpose Arena will be distributed for review by City Council on Monday,
December 17, 2001.
For any additional information on this issue, please contact me at 880-3222.
Thank u,
George K. Noe
Deputy City Manager
City Manager's Office
P.O. Box 9277 • Corpus Christi, Texas 78469-9277 9 (361) 880-3234 • FAX (361) 880-3202
27
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting 12/18101
AGENDA ITEM:
Motion authorizing the City Manager to execute an agreement with the Golf Course
Effluent Distribution System, L. L. C., the Corpus Christi Country Club (CCCC), and Kings
Crossing Country Club (KCCC) to provide for the transportation and use of treated effluent
at those golf course facilities.
ISSUE:
Use of treated effluent in accordance with TNRCC regulations for turf irrigation is a good
vehicle to maximize the utilization of potable water supplies. Th proposed agreement
provides for the users to pay the capital and operating costs for the distribution system;
the City would provide the effluent. At the conclusion of a 20-year period, all effluent
would be paid for based on rates charged to ail effluent customers. This action, in
essence, creates a treated effluent system and will require other users to pay for the
effluent received.
FUNDING IMPACT:
Under the agreement the capital and direct operating cost of the system will be borne by
the golf courses. The Utility Fund would receive some added revenue from the sale of
effluent to existing users (Padre Isles, Pharaoh's, etc.).
CONCLUSION AND RECOMMENDATION:
Recommendation: Maximizing the use of treated effluent in accordance with regulations
is beneficial to the community. The creation of such a utility is the appropriate vehicle to
maximize use. Under the agreement, the users are paying the cost of capital and
operations. Staff recommends approval or'the agreement.
George K. Noe
Deputy City Manager
BACKGROUND INFORMAl'iON
The City currently provides treated effluent to its municipal golf facilities to use for irrigation
in accordance with TNRCC rules. In addition to its own courses, the City provides effluent
to Padre Isles Country Club, Pharaoh's golf course and the Grandstands. The City does
not currently charge these users for the effluent. The City was approached by
representatives of the CCCC and KCCC with the proposal that those entities construct a
line to the Oso Wastewater Treatment Plant and transport effluent to the Courses for
imgation use. The proposed agreement is the result of discussions with CCCC and KCCC
representatives.
Additional Information
Effluent Water Distribution Line for Corpus Christi Country Club and Kings
Crossing Country Club
Key Business Terms
1. Effluent Water Distribution System. This agreement is subject to all of the terms,
provisions and conditions of the Texas Natural Resources Conservation Commission
('"['NRCC") Reclaimed Water Permit R-10401-003, which permit is incorporated herein by
reference for all purposes.
2. Conveyance. The Clubs have created a new business entity (Golf Course
Effluent Distribution System, L.LC.) jointly owned by them that they will arrange for and
secure the capital financing which will be amortized over a pedod of 20 years ('q'he
Finance Period") and that new business entity will secure the right of way, construct the
pipeline and all amenities in order to pursue this project. The City of Corpus Christi will be
responsible for the day-to-day operations and maintenance of the system and the Clubs
shall pay for the cost of such operations and maintenance on a monthly basis. The Clubs
shall submit the plans and specifications for the construction to the City for approval pdor
to construction. In the event the City wishes to have the Clubs construct a facility of larger
capacity, the City may request such oversize and shall pay the added cost of construction.
City will cooperate on permitting and acquiring the right-of-way and all other matters to
finalize construction of pipeline.
3. Bondin,q Requirements. The construction contractor shall be required to provide
payment and performance bonds and insurance as required by the City of Corpus Christi.
4. Effluent Water Service. The City of Corpus Christi will provide effluent water at
the point of discharge at the Oso Treatment Plant. Dudng the initial 20 year period dudng
which the required improvements are financed, the consumption by The Clubs shall be in
accordance with the schedule found in Attachment I and that amount of treated effluent
shall be provided by the City at no charge. Usage in excess of these amounts computed
on a quarterly basis shall be paid for by the Clubs at the rate charged all other effluent
users. After the finance period of no more than 20 years, all consumption by The Clubs
will be paid for on a per-gallon basis at the then current rate paid by other effluent water
customers. At the time of execution of this memorandum, it is assumed that this rate will
be 35 percent of the commercial water rate. However, the City reserves to change that on
its sole authority at any time. The Clubs agree that there will be no resale of effluent water
to any third parties outside of this agreement, but The Clubs may reallocate between
themselves the water provided under this agreement. The City shall be allowed to use the
facilities to convey treated effluent to other customers provided that the Clubs be given
precedence within the amounts spelled out in Attachment I in any conflict in either
availability or capacity.
5. Ownership. The Clubs' new business entity will transfer title and ownership of the
Effluent Water System free of liens or other encumbrances to the City of Corpus Christi
at no cost. The City agrees to provide the effluent at the appropriate amounts, quantities,
and qualities agreed to for that same period of time and thereafter.
6. Expiration. This agreement ends at the completion of the 20 year finance period
when The Clubs payoff the entire financing package.
7. One, oinq Duration. Once the Effluent Water System has been built, financed,
and paid off, it is contempla~[ed by both parties that this agreement shall be ongoing, shall
survive the term of the mortgage, and shall be continually utilized by The Clubs thereafter
for their future effluent water needs, and the City agrees to provide and deliver the water,
both at the quantity and quality levels agreed to herein.
8. Current Water Service. In addition to the Effluent Water System provided for
herein, which is a separate transaction with the City, the City agrees to provide water
service to The Clubs under the same terms and conditions as other water customers
during and after the term of this agreement.
9. The Clubs agree to irrigate the property that they currently own and will not
extend the irrigation services to non-owned country club property. Corpus Christi County
Club owns 150 acres, more or less, and Kings Crossing Country Club owns 250 acres,
more or less.
Attachment
Treated Effluent Usage Estimates by month (in O00s)
CCCC KCCC Total
January 5,000 7,500 12,500
February 5,000 7,500 12,500
March 7,000 10,500 17,500
April 9,000 13,500 22,500
May 14,000 21,000 35,000
June 15,000 22,500 37,500
July 20,000 30,000 50,000
August 20,000 30,000 50,000
September 12,000 18,000 30,000
October 7,000 10,500 17,500
November 6,000 9,000 15,000
December 5,000 7,500 12,500
312,500
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 14, 2001
AGENDAITEM:
A. Resolution establishing a program to promote local economic development and to
stimulate business and commercial activity with respect to the development of the
Corpus Christi International Airport; and authorizing a grant to Corpus Christi Regional
Economic Development Corporation.
B. Ordinance approving a one~year ground lease at Corpus Christi International Airport
between the City of Corpus Christi and the Corpus Christi Regional Economic
Development Corporation; providing for severability; and declaring an emergency.
C. Ordinance approving a long-term ground lease at Corpus Christi International Airport
between the City of Corpus Christi and the Corpus Christi Regional Economic
Development Corporation; providing for severability; and declaring an emergency.
D. Resolution approving an economic development grant agreement between the City of
Corpus Christi and the Corpus Christi Regional Economic Development Corporation;
and providing for severability.
ISSUE: The City, working with Nueces County and the Port of Corpus Christi, has been
requested by the Corpus Christi Regional Economic Development Corporation (CCREDC)
to assist in providing incentives to induce VT Aerospace, Ltd to locate at the Corpus Christi
International Airport (CCIA). As part of these inducements, it is necessary to provide a
long-term ground lease to the CCREDC on which a minimum of two hangars can be
constructed for the new company. In order to facilitate construction, a one-year ground
lease to the CCREDC will be approved as well. In addition, a standby agreement referred
to as an economic development grant agreement also needs to be executed. Only the City
Council can approve this type of lease and grant program.
BACKGROUND INFORMATION: For a number of months, the City, County, Port and
the CCREDC have all partnered together to provide inducements to VT Aerospace, Ltd to
locate an aircraft refurbishing facility at CCIA. Under the terms of the proposed multi-party
agreement, the City will lease 10 acres, with an option for 20 more, to the CCREDC (a one-
year lease and a 30-year lease are included in this agenda item). The cost of that lease,
which under FAA regulations involves the simple cost of providing the land, is set at
$10,000 a year. Of much greater impact, however, is the establishment of a program to
promote local economic development under Chapter 380 of the Texas Local Government
Code. Under this provision, the City, County, and the Port are individually being asked to
provide an economic development grant agreement that would back up the necessary
lease payments to fully amortize the cost of construction of the hangars. Under the terms
of the agreement between the CCREDC and VT Aerospace, Ltd, the first hangar will be
leased for five years and the second hangar for seven years. VT Aerospace, Ltd has
guaranteed the lease payments for those two time periods and can renew in the future. If
the leases are not renewed, and the City, Port, County and CCREDC cannot find another
tenant, then the three governmental entities would each pick up one-third of the lease
payment, subject to appropriations. We estimate that at a maximum, the annual individual
payments would not exceed $420,000, with a maximum liability of slightly over $6 million.
PREVIOUS COUNCIL ACTION: The Port of Corpus Christi approved their economic
development grant (standby agreement) at the Port Commission meeting on Tuesday,
December 11. Nueces County has the agreement on their agenda for December 19. The
Corpus Christi Industrial Development Corporation approved an inducement resolution for
the CCREDC for the issuance of up to $18 million of bonds for the project on December
11.
RECOMMENDATION: We would recommend that the City Council move forward with
establishing a program under Chapter 380 to promote local economic development and
to stimulate business and commercial activity with respect to development at the CCIA,
authorize an economic development grant to the CCREDC, and authorize both a one-year
and a long-term ground lease at the CCIA for the project.
I have attached copies of the various resolutions and ordinances, as well as a copy of the
long-term ground lease (the one-year ground lease is similar in ail respects except the
term) and a copy of the flow chart showing the various elements of the project. We
recommend approval of these two ordinances.
W. Thomas Utter
Assistant City Manager
RESOLUTION
ESTABLISHING A PROGRAM TO PROMOTE LOCAL ECONOMIC
DEVELOPMENT AND TO STIMULATE BUSINESS AND COMMERCIAL
ACTIVITY WITH RESPECT TO THE DEVELOPMENT OF THE CORPUS
CHRISTI INTERNATIONAL AIRPORT; AND AUTHORIZING A GRANT
TO CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT
CORPORATION
WHEREAS. the City has heretofore concluded that it would be in the best interest of the
City and the general public to expand the Corpus Christi International Airport (the "Airport"); and
WHEREAS, feasibility studies prepared in connection with the renovation and expansion
of the Airport recognized the need for expanded business and commercial development at the Airport
to enhance the use of the Airport (as expanded): and
WHEREAS, the Corpus Christi Regional Economic Development Corporation" (the
"Corporation") exists for the purpose of promoting and encouraging economic development
throughout the Greater Corpus Christi area; and
WHEREAS, the Corporation has been active in pursuing the location of an airplane
maintenance facility at the Airport for use by Vision Technologies Aerospace. Ltd. ("VT Aero"), as
a facility that qualifies as an "airport facility" for which tax-exempt bonds (the "Bonds") can be
issued; and
WHEREAS. the Corporation proposes that the Corpus Christi Industrial Development
Corporation. a non-profit, non-stock industrial dex eiopment co~oration created by the City to act
on its behalf to tbster and encourage new and expanded business enterprises in the City, issue Bonds
and loan the proceeds to the Corporation to construct the airplane maintenance facility for use by VT
Aero; and
WHEREAS, the Corporation is seeking from the City f'mancial assistance, in the form of
a grant, to provide additional funding to enable the timely development of the airplane maintenance
facility to benefit the Airport: and
WHEREAS, Section 52-a of Article III of the Texas Constitution authorizes the Texas
Legislature to provide for the creation of programs and the making of loans and grants of public
money for the public purposes of development and diversification of the economy of the state, the
elimination of anemplo.x ment and undercmplo.x ment in the state, the stimulation of agricultural
innovation, the fostering of the growth of enterprises based on agriculture, or the development or
expansion of transportation or commerce in the state: and
WHEREAS. under authority of Section 52-a of Article III of the Texas Constitution, the
Texas Legislature enacted Chapter 380. Texas Local Government Code {"Chapter 380"), which
provides that the governing body of a municipality may establish and provide for the administration
of one or more programs, including programs for making loans and grants of public money and
providing personnel and services of the municipality, to promote state or local economic
development and to stimulate business and commercial activity in the municipality; and
WHEREAS, the City Council solicited public commem regarding the establishment of the
economic development program hereinafter authorized at its meeting on December 18, 2000; and
WHEREAS. the City has determined that, in reliance upon the findings made in the
feasibility study prepared in connection with the City's renovation and expansion of the Airport, it
is in the best interests of the development of the Airport that the City establish and approve a
program under the authority granted to the City by Chapter 380 to promote economic development
and to stimulate business and commercial activity within the Zone, specifically by providing the
grant hereinafter described in order to encourage the development of the airplane maintenance
facility at the Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
~ That the facts and recitations contained in the preamble of this Ordinar~ce are
hereby found and declared to be true and correct.
~F.,,C.,_TI~)_~[~; That the City Council hereby determines that there shall be established,
pursuant to authority granted to the City by Chapter 380, a program pm'suant to which the City will
provide economic assistance in an effort to achieve the economic development objectives of the City,
to-wit, the promotion and development of aviation and commercial activities at the Airport. The
City Council hereby finds that the economic development program outlined in this Ordinance is
necessary to stimulate business and commercial actix it3 within the City. specifically at the Airport.
to diversify the economy of the City. and to promote employmem within the City in sectors which
currently experience underemployment.
~ That the term of the economic development program described in this
Ordinance shall expire on January 1. 2022. and no loan or grant shall be made under the economic
development program after such date unless the City Council then serving affirmatively takes action
to extend the economic development program established by this Ordinance. xvith such changes to
the economic development program established by this Ordinance as may be determined by such
City Council so acting in the future.
~ That the economic development program hereby established specifically
relates to the development of thc airplane maimcmmce facility at thc .,\irport. a project the City finds
necessary to achieve the objectives described in Section 2 of this Ordinance. To that end, the City
hereby agrees to make a grant to the Corporation in such mounts as are described in the "Economic
Development Grant Agreement" between the City and the Corporation, in substantially the form
attached hereto (the "Grant Agreement").The City Manager is hereby authorized to execute and
deliver the Grant Agreement. as well as an3' other instruments or documents necessa~, to implement
and effectuate the intent of this Ordinance. including, without limitation, the timing and procedures
for funding the grant, the execution of notes in favor of the Corporation to evidence the City's intent
to fully fund the grant and other matters related thereto.
~ That if any section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity, or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Legal form approved 0,e,C, I°{'
'~ ~ Attorney
Samuel L. Neal, Jr., Mayor
,2001.
3
AN ORDINANCE
APPROVING A ONE-YEAR GROUND LEASE AT CORPUS CHRISTI
INTERNATIONAL AIRPORT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT
CORPORATION; PROVIDING FOR SEVERABILITY; AND DECLARING
AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute the one-year "Ground Lease
at Corpus Christi International Airport Between the City of Corpus Christi and the Corpus Christi
Regional Economic Development Corporation," a substantial copy of which is attached hereto as
Exhibit A and incorporated herein for all purposes.
SECTION 2. If for an), 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 fome and effect for its
purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. That upm3 written request of the Mayor or five Council members, copy
attache& to find and declare ~ emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rote as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed and shall take effect upon first reading as an
emergency measure this the day of ., 2001.
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal. Jr.
Mayor. The City of Corpus Christi
_~.O~~THE ~"1t DAYOF
J~'R.~ l~r~ay, Jr., Cflty At-~-omey
IJRB4000.006
Ground Lease at Corpus Christi International Airport
Between the City of Corpus Christi and the
Corpus Christi Regional Economic Development Corporation
(One-Year Term)
This Lease is between the CITY OF CORPUS CHRISTI. a Texas municipal corporation
(the "City"), and the CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT
CORPORATION, a Texas nonprofit corporation. (the "CCREDC').
Recitals:
Whereas, the City owns the Corpus Christi International Airport (the "Airport"), located
in Nueces County, Texas;
Whereas, the CCREDC desires to lease a certain parcel of land at the Airport to construct
a master-planned aviation maintenance facility at the Airport ultimately to be subleased to Vision
Technologies Aerospace. Ltd. ("VT Aero"), as a sublessee as set out in Section 5;
Whereas. the parties wish to enter into a written lease for land on which the CCREDC
will construct said aviation maintenance facility., which shall include up to six aircraft hangars,
each capable of accommodating a wide-body aircraft, xvith related ramp improvements adjacent
to the west taxiway (collectively the "Facility") under the terms and conditions herein contained;
Whereas, in entering into this Lease, the City is exercising its authority as a home rule
city under the Constitution of the State of Texas, including but not limited to its authority under
Texas Local Government Code Chapter 380 and the Resolution adopted by the City on
December t8, 2001 pursuant to Chapter 380 of said Code;
Agreement:
1. Premises. The City leases unto the CCREDC an area located on the west side of the
terminal as described on the attached and incorporated Exhibit A (the "Premises") for the
construction and operation of the Facility. which site contains approximately ten (10) acres of
land. together with easements and access for ingress and egress. Additionally, the City grants to
the CCREDC an option to lease up to an additional twenty (20) acres of land adjacent thereto as
described on the attached and incorporated Exhibit B (the "Option Premises") for the
construction and operation of additional phases of the Facility. Upon the exercise of any of the
options granted herein, such portion of the Option Premises covered by the exercise of the option
shall be and become part of the Premises as described herein. The City Manager may adjust the
boundaries set forth in Exhibits A and B consistent with the purposes of this Lease, so long as
the tract described in Exhibit A does not exceed ten acres and the tract described in Exhibit B
does not exceed twenty acres
2. Term. This Lease is for a term of one il) year beginning at 12:01 a.m., January 1,
2002 (the "Effective Date") and ending at 12:00 midnight, December 31, 2002 (the "Termination
Date"); provided that, upon the execution of a new Ground Lease by the parties covering the
EXHIBIZ "A"
Premises providing for a longer lease term. this Lease shall terminate and be of no further force
or effect.
3. Ground Rent. (a) Calculations. As a substitute for fair market value rent payments
and pursuant to U.S. Department of Transportation Federal Aviation Administration (FAA)
policies and procedures concerning the use of revenue. Section VII.B.5.. the City shall charge the
CCREDC as Ground Rent under this Lease the reimbursable costs of providing aeronautical
services and facilities to the Premises, such cost being based upon the cost of City staff services,
any loss of revenue due to decreased use of lands for agricultural purposes and other expenses as
documented in accordance with City policies and FAA regulations. The amount of reimbursable
costs to be paid as Ground Rent for the year of this Lease shall be $10,000.00 per year.
(b) Payment. The City shall bill the CCREDC the amount of the reimbursable cost to be
paid as Ground Rent under this Lease on a quarterly basis, which amount shall be due and
payable on the last day of each calendar quarter during the Lease. Any such payments not paid
within ten days of the due date shall be considered past due.
(c) Agent. The City Manager. or his designee ("the City Manager") appoints the
Aviation Director, or designee, (the "Aviation Director") as agent to receive all rentals and
reports under this Lease.
(d) Reports. The CCREDC shall cause its sublessee to submit monthly reports to the
Aviation Director showing the number and type of planes landed and gross landing weight for
each plane landed during the month, including the day and time, and such other related
information that may be requested from time to time. The Aviation Director and the CCREDC's
sublessee shall agree upon a form to be used for this report.
4. Use of Premises. The CCREDC shall cause the Premises to be used solely for
Facility operations, including aviation maintenance and related activities. The CCREDC and its
sublessee shall have preferential use only of any apront s) constructed by the City.
(a) Parldng. The CCREDC and its sublessee shall be authorized to park on the Premises
all Facility and employee automobiles, trucks, vans and similar vehicles, vendors and customers
without the payment of any additional fees to the City. The CCREDC shall cause its sublessee
nevertheless to comply fully with all of the Aviation Director's re!es and regulations fi)r parking
and using vehicles at the Airport.
(b) Signs. The CCREDC and its sublessee may install on the Premises signs or other
corporate identification of the business. The size, type, design and location of such signs or other
corporate identification shall be subject to the Aviation Director's prior written consent, which
consent shall not be withheld unreasonably.
(c) Rates. The CCREDC shall cause its sublessee to provide its services at the Airport
on a fair, equal and nondiscriminatory basis, and to charge a fair, reasonable, and
nondiscriminatory price for each unit of sale or service; provided that such sublessee shall be
allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of
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price reductions to volume purchasers. Nothing herein contained is intended to be construed as
vesting in the City any power or authority to regulate the charges for services rendered on the
Premises by the CCREDC's subiessee.
(d) Prohibited activities and uses. The following activities and uses are expressly
excluded from this Lease and the CCREDC and its sublessee are prohibited from any such use or
activity:
(1) Ground Transportation for hire. (The CCREDC's sublessee may provide
ground transportation for its employees as a service; however, said service may not be
offered to the general public on a commercial basis.)
(2) Automobile Rental Service.
(3) News and sundry sales.
(4) Advertising concessions except for those that may be conducted within the
Facility.
(5) Barber~ valet and personal services.
(6) The sale of food or drink, except from dispensing machines located within the
Facility: however, no cafe or cafeteria type of service ma)' be operated. (7) The sale of flight or trip insurance.
(8) Commercially engaging in the business of making reservations for hotels,
motels and other lodging.
(9) Sale or transfer of fuel into any aircraft or from any aircraft.
(10) For profit charter flights.
(11) Flight or ground instruction, except instruction or training for employees or
agents of the C CREDC's sublessee is allowed.
(e) Non-Exclusive Right To Use Airfield. The CCREDC and its sublessee shall have a
non-exclusive right to use the public areas of the Airport facilities including the runways,
taxiways, aprons, ramps and navigational aids, and facilities, in accordance; with the applicable
federal, state, and local lax~s, rules, and regulations.
(f) Acceptance of Premises. The CCREDC shall cause its sublessee to acknowledge
that it has inspected the Premises and accepts the Premises in their present physical condition.
5. Assignment and Sublease. (a) Except as explicitly set forth in this Section, the
CCREDC shall not assign, sell, convey, transfer, mortgage, or pledge this Lease or any part
thereof without the prior ~witten consent of the City. Any restrictions which form a part of any
such written consent granted must be incorporated into a xwitten instrument and form a part of
this Lease. The City authorizes the CCREDC to sublease the Facility to VT Aero, and the City
hereby consents to the sublease of the Premises to VT Aero in accordance with the terms of a
Sublease (the "Sublease") approved by the City Manager. The CCREDC and its sublessee shall
not use. or permit any person to use. the Premises. for any purposes other than as the Facility.
(b) Change in Control. If the CCREDC or its sublessee merges, consolidates, acquires.
affiliates, or associates with any other person, company, corporation or other entity, or in any
manner whatsoever either is bought out or buys out another person, company, corporation or
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other entity, and such merger, consolidation, affiliation or association results in a change in
control or management of the operations authorized herein, then in that event, such merger,
consolidation, affiliation; or association will be considered by the City as an assignment of this
Lease which requires the prior written approval of the City. Any such merger, consolidation,
affiliation or association without such consent is violation of this Article. and subjects this Lease
to termination under Section 16 of this Lease.
(c) Other Changes. Name Changes or mergers or other affiliations that do not result in
a change of control or management of operations may be approved by the City Manager.
6. Right to Amend. If the FAA, or its successors, requires modifications or changes in
this Lease as a condition precedent to granting funds for Airport improvements, the CCREDC
and its sublessee agree to consent to the amendments, modifications, or changes of this Lease as
may be reasonably required to obtain the funds; provided, however, that neither party will be
required to pay increased rent or change the use of the Premises or accept a relocation or
reduction in size of the Premises until the CCREDC and the City have executed an amendment
to this Lease that is mutually satisfactoD' to all parties for any terms or conditions of this Lease
affected by such actions or the Lease is terminated
7. Subordination to U.S./FAA Requirements. This Lease is subordinate to the
provisions of any existing or future agreement between the City and the United States relating to
operating or maintaining the Airport. the execution of which has been or may be required as a
condition to the expenditure of federal funds for the development of the Airport. If' the effect of
such agreement with the United States is to take any of the Premises under this Lease out from
the control of the City or to substantially destroy the coromercial value of the Premises, then the
City must provide adequate replacement Premises to the CCREDC or just compensation for the
taking of such Premises.
8. Construction of Improvements.
(a) Plans. All plans and specifications for the improvements related to the construction
of each phase of the Facility upon the Premises shall meet all of the City's fire and building code
requirements. Upon final completion and acceptance of the Facility by the CCREDC, the
CCREDC shall cause two sets of mylar as-built plans and one electronic copy of the record
documents to be provided to the Aviation Director, who will keep the plans on file at the Airport
and provide a copy to the City SecretaD.. Further. the CCREDC shall cause said documents to be
kept current, by requiring that two sets of mylar as-built plans and one electronic copy of all
record documents showing any alteration in excess of $15,000 to the Facility during the Lease to
the Aviation Director in the same manner as provided for the Original plans and specifications.
The exterior design, color scheme, and plans and specifications for the Facility must be approved
by the Aviation Director, which approval shall not be unreasonably withheld. The plans and
specifications as approved by the Aviation Director must be in compliance with all code
requirements as presented. No substantial changes or alterations must be made in said plans or
specifications after initial approval by the Aviation Director without the consent of the Aviation
Director, ~vhich consent shall not be unreasonably withheld.
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(b) Permits. The CCREDC shall cause its sublessee, at its expense, to obtain all licenses
and permits required for any maintenance, repairs, construction on. or use of the Premises. The
cost of developing all plans and specifications as provided herein and the construction of
improvements and facilities upon Premises shall be paid solely by the CCREDC's sublessee and
must not be an expense to the City whatsoever.
(c) Ownership of Facility. Upon the termination of this Lease, ownership of the
Facility shall revert to the City, free and clear of all liens, leases and other encumbrances and
adverse interest in property and improvements.
(d) Inspections. During the progress of all construction, the City Manager's duly
authorized representatives may enter upon the Premises, during normal business hours with
reasonable prior notice, and make such inspection as may be reasonably necessary to satisfy the
Aviation Director that the work or construction meets such requirements and standards.
(e) Remodeling and Repairs. During this Lease, the CCREDC and its sublessee shall
(subject to the other terms and conditions of this Lease) have the continuing right to remodel,
renovate and refurbish the Facility and any improvements and facilities thereon, or any part
thereof, and to build and construct new additions and improvements thereto and thereon,
provided notice has first been given to the Director of Aviation, whose approval of the
modifications must not be unreasonably withheld.
(f) Required Provisions and Bonds. The CCREDC shall include in any construction
contract or subcontract all provisions required by the Aviation Director relating to the operations
of the contractor on the Airport; and such provisions shall include a payment and performance
bond for any work in excess of $100,000 to be performed by the CCREDC or the contractor.
(g) Liens. The CCREDC and its sublessee shall not allow a lien to attach to the
Premises or the CCREDC's leasehold interest without the prior written approval of the City
Manager. Not~vithstanding the City Manager's approval, the City's fee simple estate in the
surface of the property burdened by the CCREDC's leasehold estate must be exempt from such
lien. and any lien shall contain the following language:
"Lender agrees that the lien created by this instrument is effective only as to the
CCREDC's leasehold estate created by the lease dated the day of ,
2001. executed by the City of Corpus Christi. as the City, and the CCREDC, as
the lessee, and does not affect the City's interest, being the fee simple estate
burdened by the CCREDC's leasehold estate."
or such other language as is approved by the City Attorney.
(h) Foreclosure. In the event of any foreclosure by any lender, financing agency, or
guarantor of its lien or liens on the Facility. fixtures, or trade fixtures located on the Premises.
such lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and
duties of the CCREDC. including without limitation paying rent, as if said lender, financing
agency, or guarantor was originally named tenant herein, and such lender, financing agency, or
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guarantor will have a reasonable time after date of foreclosure (not less than three hundred sixty
(360) days to sublease the remaining Improvements to such parties as may be approved by the
City.
(i) Certificate of Occupancy. The CCREDC covenants that the construction of the
initial hangar improvements, including all workmanship and materials, will be of first-class
quality and will be in accordance with the plans and specifications approved by the Aviation
Director. As used herein, the term "first-class quality" means of the same quality as buildings
used or to be used for the same or similar purposes already constructed at the Airport. When the
City's Building Official is satisfied that such construction is so in compliance, the Building
Official shall deliver a Certificate of Occupancy to the CCREDC and its sublessee. After
completing any alteration to the Premises, the CCREDC's sublessee must certify to Aviation
Director that the alteration was completed according to the approved plans and specifications
complying with all applicable laws, and regulations.
(j) Alterations. The CCREDC and its sublessee shall not make any external alteration
or any internal alteration that exceeds $15,000 or install any fixtures (except trade fixtures,
equipment, furniture and other items of personal property removable xvithout material damage to
the Premises) during the Lease without the Aviation Director's prior written approval, which
shall not be unreasonably withheld. If the Premises are damaged by such removal, they must be
immediately repaired.
(k) Construction Indemnity. The CCREDC and its sublessee shall include in all
construction contracts entered into, a provision requiring the contractor to indemnify, hold
harmless, defend and insure the City~ including its officers, agents, and employees, against the
risk of legal liability far death, iajury or damage to persons or property, direct or consequential,
arising or alleged to arise out of, or in connection ~vith, the performance of any or all of such
construction work, whether the claims and demands made are just or unjust, unless san~e are
caused by the gross neg!igence or willful act of the City, its officers, agents, or employees. The
CCREDC shall require its sublessee to furnish, or require the contractor to furnish, insurance as
required in Section 22 herein.
9. Leasehold Mortgage. (a) As used herein. "Leasehold Mortgage" means any
mortgage or deed of trust covering the CCREDC's leasehold interest in this Lease given by the
CCREDC to a Leasehold Mortgagee to secure repayment of funds advanced or to be advanced
by a Leasehold Mortgagee to the CCREDC to construct the Facility on the Premises (the
"Project"). As used herein, "Leasehold Mortgagee" means the mortgagee or beneficiary under
the Leasehold Mortgage. As used herein, "mortgage" means any mortgage, deed of trust; or other
indenture consisting of a lien on the CCREDC's leasehold interest created hereunder, together
with a promissory note or obligation or bond which it secures. Subject to the conditions set forth
herein, the CCREDC may mortgage its leasehold interest created hereunder, solely for the
purpose of (1) obtaining financing to construct the Project. including any additional construction
or alteration thereof made subsequent to the initial construction, (2) refinancing such
construction mortgage, and (3) providing financing in connection with the assigmnent or transfer
by the CCREDC of its interest iu this Lease and its leasehold interest created hereunder,
provided, however, that. with respect to the financing described in clauses (2) and (3) above, the
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principal amount of any such mortgage must not be greater than the original principal amount of
the mortgage obtained to construct the Project, including any additional construction or alteration
thereof made subsequent to the initial construction and provided:
(i) Such mortgage in no way affects or diminishes the City's interest in the
Premises. or its rights under this Agreement. nor relieves the CCREDC of any of its
obligations hereunder,
(ii) Under no circumstances is the City's fee simple interest in the Premises
subordinate to such mortgage;
(iii) Such mortgage covers no interests in any real property other than the
CCREDC's leasehold interest in the Premises hereunder; and
(iv) The making of such a mortgage by the CCREDC will not be deemed to
constitute an assignment or transfer of this Lease, nor will any mortgagee, as such, be
deemed an assignee or transferee of this Lease.
(b) Rights of Leasehold Mortgagees. No Leasehold Mortgage is binding upon the City
in the enforcement of its rights and remedies under this Lease and by law provided, unless, and
until, a copy thereof has been delivered to the Aviation Director. The City Manager agrees to
execute an estoppel certificate and any other similar documentation as may reasonably be
required by the Leasehold Mortgagee so as to certify to the status of this Lease and to the
performance of the CCREDC hereunder as of the date of such certification. The CCREDC shall
cause its sublessee to furnish Aviation Director a written notice setting forth the name and
address of any Leasehold Mortgagee. If a Leasehold Mortgagee or purchaser at foreclosure of
the mortgage acquires the CCREDC's leasehold interest in the Premises, by virtue of the default
of the CCREDC under the mortgage or otherwise, this Lease will continue in full force and
effect so long as the Leasehold Mortgagee or purchaser at foreclosure is not in default hereunder,
including the obligation to timely pay rent. For the period of time during which the Leasehold
Mortgagee or any purchaser at tbreclosure of a mortgage holds the CCREDC's leasehold interest
in the Premises. the Leasehold Mortgagee or such purchaser becomes liable and fully bound by
the provisions of this Lease. With respect to any Leasehold Mortgagee of the Premises, the City
agrees that the following apply:
(i) If requested by a Leasehold Mortgagee, who is duly registered in writing with
the Aviation Director, any notice from the City affecting the Premises must be
simultaneously delivered to the CCREDC and such Leasehold Mortgagee at its registered
address, and if so registered, no notice of default or termination of this Lease affecting
the Premises given by the City shall be deemed legally effective until and unless like
notice has been given by the Aviation Director to such Leasehold Mortgagee.
(ii) Any Leasehold Mortgagee entitled to such notice shall have any and all
rights of the CCREDC with respect to the curing of any default hereunder by the
CCREDC.
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(iii) The City will not enter into any material modification of this Lease affecting
the Premises without the prior written consent thereto of each Leasehold Mortgagee who
becomes entitled to notice as provided in this Section. The foregoing does not apply nor
may be construed to apply to any right the City may have to terminate this Lease pursuant
to its terms. The CCREDC shall provide any Leasehold Mortgagee with notice of any
proposed modification.
(c) Termination. If the City elects to terminate this Lease for any default by the
CCREDC with respect to the Premises, the Leasehold Mortgagee that has become entitled to
notice as provided in this Section has not only any and all rights of the CCREDC with respect to
curing of any default with respect to the Premises, but also the right to postpone and extend the
specified date, for a maximum of 90 days, for the termination of this Lease (Leasehold
Mortgagee's Right to Postpone)in any notice of termination by the City to the CCREDC
(Termination Notice), subject to the following conditions:
(i) The Leasehold Mortgagee must give the Aviation Director written notice of
the exercise of the Leasehold Mortgagee's Right to Postpone at least ten (10) days prior to
the date of termination specified by the :\viation Director in the Termination Notice and
simultaneously pay to the Lessor all amounts required to cure all defaults then existing
(as of date of the exercise of Leasehold Mortgagee's Right to Postpone) which may be
cured by the payment of a sum of money.
(ii) The Leasehold Mortgagee must pay any sums and changes which may be due
and owing by the CCREDC and promptly undertake to cure, diligently prosecute, and, as
soon as reasonably possible, complete the curing of all defaults of the CCREDC with
respect to the Premises which are susceptible of being cured by the Leasehold Mortgagee.
(iii) The Leasehold Mortgagee's exercise of its Right to Postpone ~nay extend the
date for the termination of this Lease specified in the Termination Notice for a maximum
of six {6) months.
(iv) I£ be~bre the date specified lbr the termination of this Lease as extended by a
Leasehold Mortgagee's exercise of its Right to Postpone. the Leasehold Mortgagee has
performed and observed all of the CCREDC's covenants and conditions under the [,ease
with respect to the Premises and no further defaults with respect to the Premises have
occurred which not have been timely cured, then, all defaults under this Lease with
respect to the Premises will be deemed to have been cured, and the City's Termination
Notice will be deemed to have been withdrawn.
(v) Nothing herein may be deemed to impose any obligation on the City's part to
deliver physical possession of the Premises to a Leasehold Mortgagee.
(vi) If more than one Leasehold Mortgagee seeks to exercise an3' of the rights provided
for in this Section, the most senior tienholder is entitled, as against the others, to exercise such
rights. Should a dispute arise among Leasehold Mortgagees regarding the priority of lien, the
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Leasehold Mortgagees must prove to the satisfaction of the City Attorney that they have settled
that dispute.
10. Repairs And Maintenance. The CCREDC shall cause its sublessee to make any
and all repairs and replacements necessary to keep the Premises in a first class condition and safe
repair and shall make any and all repairs and replacements necessary to remedy defects of a
structural nature. The CCREDC shall cause its subtessee to provide janitorial service and
maintenance to keep the Premises in a clean, attractive and sanitary condition at all times. The
landscaping must be well maintained and kept in a neat and tidy condition. The Aviation
Director shall have the right to inspect the Premises during Lessor's normal business hours with
reasonable prior notice. The CCREDC shall cause its sublessee to repair any and all damage
caused to real and/or personal property of the City occurring on the Premises or elsewhere on the
Airport as the result of the willful or negligent acts, or omissions of the CCREDC, its employees
or agents, and not the result of acts or omissions of the City, its employees or agents. As to the
paved common use areas of the Airport, the CCREDC has no obligation to make any structural
improvements to these areas, which is solely the obligation of the City, including any obligation
to maintain repair, resurface, repave or cap the surface in a smooth and operable condition,
similar to other national airports: provided that. the CCREDC shall be responsible for any
improvements required for its construction activities and for the repair of any damages caused
during construction.
11. Security Badges. Each of the employees of the CCREDC and its sublessee needing
access to a restricted area (including the AOA. see Section 12) must wear a security
identification badge. A fee and a deposit will be required for each badge, and a replacement fee
will be required for each lost badge. The CCREDC shall cause its sublessee to notify the
Aviation Director immediately after an employee is terminated or loses a badge.
12. Access to the Aircraft Operating Area (AOA). (a) The CCREDC, its sublessee,
and their respective contractors, suppliers of materials, furnishers of services, employees, agents.
and business invitees, shall comply ~xith ali present and future laws. rules, regulation, or
ordinances promulgated by the City, the Airport. the Federal Aviation Administration (FAA), or
other governmental agencies to protect the security and integrity of the Aircraft Operating Area
(AOA), as defined by the Airport and the FAA. and to protect against access to the AOA by
unauthorized persons.
(b) Procedures. Subject to the approval of the Aviation Director, the CCREDC shall
cause its sublessee to adopt procedures to control and limit access to the AOA by the CCREDC,
its sublessee and their respective contractors, suppliers of materials, fumishers of services,
employees, and business invitees in accordance with all present and future Airport and FAA
laws, rules, regulations, and ordinances. Physical barriers to prevent access to the Air Operations
Area must be in effect during any construction upon the Premises.
(c) Indemnification. The CCREDC further agrees cause its sublessee to to indemnify,
hold harmless, defend and insure the the City. its officers, agents, and employees against the risk
of legal liability tbr death, injury, or damage to persons or property, direct or consequential.
arising from entry of the AOA permitted, allowed or otherwise made possible by the CCREDC
or sublessee or their respective contractors, suppliers of materials, fumishers of services,
employees, business invitees, agents, or any person under the direction of such sublessee in
violation of the City, Airport, and FAA laws. rules, regulations, or ordinances or such sublessee's
Director-approved procedures tbr controlling access to the AOA.
(d) Fines. The CCREDC shall cause its sublessee to pay any Federal Aviation
Administration fines associated with security breaches or infractions by its agents, officers,
business invitees, or employees in the AOA. regardless of whether the fine is assessed to the
City, Airport, or the CCREDC or its sublessee, and their respective agents, officers, business
invitees, or employees, which may be passed through to the CCREDC, its sublessee, agents or
employees as set out in the City Code of Ordinances, Sec. 9-32.
(e) Movement into Aircraft Operations Area ("AOA"). The CCREDC and its
sublessee shall have access to the Airport's AOA, subject to compliance with all applicable FAA
and Airport security procedures. Movement of all aircraft and persons from the Premises into the
AOA and from the AOA into the Premises must be cleared in accordance with Airport and FAA
roles and regulations. The CCREDC's sublessee is primarily responsible for opening and closing
any security gates and doors permitting access to or from the Premises from or to the AOA.
(f) Vehicles in AOA. No vehicles owned or operated by the CCREDC or its sublessee
may operate within the movement or non-movement areas of the AOA except in compliance
with FAA and Airport regulations.
(g) Airport Certification. The CCREDC shall cause its sublessee to comply with all
rules that are applicable to its operations on the Airport under the Airport Certification Rules of
the Federal Aviation Regulations, Part 139, ms amended [14 CFR Part 139, as amended]. Copies
of the FAR are available in the office of the Aviation Director.
(h) Airport SecuriD-.The CCREDC, its sublessee, and their officers, employees,
invitees, agents, contractors, and guests sha!l compb xxith all federal and local Airport Security
Regulations adopted by the City pursuant to 14 CFR Part 107. as same may be amended. The
CCREDC shall cause its subiessee to indemnify and hold harmless the City, its officers and
employees, from any charges, fines, or penalties that may be assessed or levied by the FAA by
reason of the negligent or intentional failure of the CCREDC or its sublessee and their officers,
employees, invitees, agents, contractors, or guests to comply with such Airport Security
Regulations, regardless of xvhether the CCREDC. the City, or Airport has such fine, charge, or
penalty levied against it.
(i) 14 CFR Part 77 Requirements. The CCREDC shall cause its sublessee to comply
with the notification and review requirements set out in Part 77 of the Federal Aviation
Regulations [14 CFR Part 77]. as amended, if it plans to construct or modify any present or
current structure, antenna, or buildiog located on the Premises. Copies of the FAR are available
in the office of the Aviation Director.
(j) Control of Structures. The CCREDC shall cause its sublessee to not erect nor
permit the erection of any structure, antenna, or building, nor permit the growth of any tree on
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the Premises. which has highest point above a mean sea level elevation established by FAA and
the City as a height limitation on such structure, antenna, building, or object. The City may enter
the Premises and remove the encroaching structure, antenna, building, or object at the expense of
the CCREDC's sublessee.
(k) Aerial Approaches. The City Manager ma5' take any action he considers
necessary, to protect the Airport's aerial approaches against obstruction, including the right to
prevent the CCREDC or its sublessee from erecting, or permitting to be erected, any building,
antenna, or structure on or adjacent to the Airport. which in the City Manager's opinion, would
limit the usefulness of the Airport or constitute a hazard to aircraft.
(1) Right to Overflight. The City hereby reserves, for the use and benefit of the public,
a right of flight for the passage of aircraft above the surface of the Premises, together with the
right to cause in the airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used for flight in the air. using the airspace for, landing at, or taking off from,
or operating on the Airport.
(m) Airport Layout Plan. The CCREDC shall cause its sublessee to furnish the
Aviation Director with an amended airport layout plan prior to completion of construction.
13. Hazardous Substances. (a) The CCREDC and its sublessee shall comply with all
environmental laws, rules, regulations, orders, and permits applicable to the their operations on
or in the vicinity of the Airport, including but not limited to required National Pollutant
Discharge Elimination System Permits and all applicable laws relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated substances. Except
for the hazardous substances governed by and transported in full compliance with the
transportation laws of the state or federal government, neither such party shall knowingly use,
store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on
or near the Airport without the Aviation Director's prior written approval and without first
obtaining all required permits and approvals from all authorities having jurisdiction over the
operations on or near the Airport.
(b) If the CCREDC or its sublessee determines that a threat to the environment,
including but not limited to a release, discharge, spill, or deposit of a hazardous or regulated
substance, has occurred or is occurring which affects or threatens to affect the Airport, or the
persons, structures, equipment, or other property thereon, such party must immediately verbally
notify (1) the Airport's Public Safety Office and (2) all emergency response centers and
environmental or regulatory agencies as required by law or regulation. Such party shall provide
the Aviation Director with written confirmation of the verbal report within 72 hours and
cooperate fully with the Airport in promptly responding to, reporting, and remedying any threat
to the environment, including ~vithout limitation a release or threat of release of a hazardous or
regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in
accordance with applicable law or as authorized or approved by any federal, state, or local
agency having authority over environmental matters.
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(c) The CCREDC shall cause its sublessee to keep a readily accessible file of Materials
Safety Data Sheets for each hazardous substance stored, used or transported in accordance with
federal and state transportation laws, which file must be posted and immediately available to any
Airport or the City employee who responds to the scene in the event of an accidental discharge
of a hazardous substance. The sublessee's employees shall try, to determine which hazardous
substance was accidentally discharged and have that MSD sheet available for the first responders
to the scene.
(d) The CCREDC shall cause its sublessee to undertake all required remediation and pay
all costs associated with its action or inaction that directly or indirectly causes the Airport to fail
to materially conform to all then applicable environmental laws, rules, regulations, orders, or
permits. The rights and obligations set forth in this Section 14 survive termination of this Lease.
14. Nondiscrimination/Affirmative Action.
(a) Nondiscrimination-general. The CCREDC and its sublessee, as a part of the
consideration hereo£ covenants that: (1) no person on the grounds of race, creed, color, religion,
sex. age, national origin, disability, or political belief or affiliation will be excluded from
participation in. denied the benefits of. or otherwise be subjected to discrimination in the use of
the Premises; (2) in the construction of any improvements on, over, or under the Premises and
the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age,
national origin, disability or political belief or affiliation will be excluded from pmxicipation in,
denied tt,,e benefits of, or otherwise be subjected to discrimination; (3) the CCREDC and its
sublessee shall use the Premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as
amended, and with any other applicable state or federal laws or regulations, as amended.
(b) Nondiscrimination-business owner. This Lease is subject to the requirements of
the U.S, Department of Transportation's regulations. 49 CFR Part 23, Subpart F. The CCREDC
and ils snblessee agree that they will not discriminate against any business owner because of the
owner's race, national origin, or sex in connection xvith the award or performance of any
concessioll agreement, management contract or subcontract, purchase or lease agreement, or
other agreement covered by 49 CFR Part 23, Subpart F.
(c) Remedy for breach. If any party breaches a non-discrimination covenant, upon due
notice and opportunity to cure, the City may reenter the Premises and the Premises and all the
leasehold interest therein shall revert to the City and its assigns. This provision is not effective
until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including
exercise or expiration of appeal rights.
(d) Affirmative Action. The CCREDC shall cause its sublessee to undertake an
affirmative action program as rcqoired by 14 CFR Part 152. Subpart E, to insure that no person
on the grounds of race, creed, color, religion, sex. age, national origin, handicap, or political
belief or affiliation is excluded from participating in any employment activities covered in 14
CFR Part 152. Subpart E. The CCREDC shall cause its sublessee to assure that no person will be
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excluded on these grounds from participating in or receiving the services or benefits of any
program or activity covered by that Subpart. The CCREDC shall cause its sublessee to further
agree to require its covered suborganizations to provide similar assurances to undertake
affirmative action programs and to require assurances from their suborganizations, as required by
I4 CFR Part 152. Subpart E. The CCREDC shall cause its sublessee at its expense to comply
with any applicable requirements of the Americans ~ith Disabilities Act (ADA) as it may be
amended.
15. Compliance with laws.
(a) General. The CCREDC shall cause its sublessee to promptly observe, comply with,
and execute the provisions of any and all present and future governmental laws, ordinances,
rules, regulations, requirements, orders and directions. Failure to observe or comply with the
aforementioned laws will subject this Lease to cancellation by the City under Section 17 of the
Lease.
(b) Federal. The CCREDC shall cause its sublessee to comply with all applicable
Federal la,vs, rules, and regulations, including xvithom limitation the Drug Free Workplace Act,
the Violence in the Workplace Act. the Americans x~ith Disabilities Act. and any other acts that
the U.S. Congress passes that applies to any entity that operates at the Airport.
(c) Disadvantaged Business Enterprises (DBE). The CCREDC and its sublessee shall
understand and agree to the following assurances: It is the City's policy that DBEs have the
maximum practicable opportunity to be awarded Airport contracts. The CCREDC and its
sublessee agree to use good faith efforts to promote this policy through the Lease at the Airport.
Additionally, the CCREDC shall cause its sublessee as an Equal Opportunity Employer to use
good faith efforts to provide maximum opportunity for the consideration and use of DBEs in the
contracting, subcontracting and purchasing activities associated with this Lease and to abide by
all applicable provisions of the Airport's DBE Program and this Lease. The CCREDC and its
sublessee further agree that no person ~vill be excluded from participation in. denied the benefits
of. or otherwise be discriminated against in connection with the award and performance of any
Airport contract because of race. color, religion, national origin, sex, age, disability, or political
belief or affiliation, and as more specifically provided in Section 14 hereof.
(d) State. The CCREDC and its sublessee shall covenant to comply with all applicable
state laws, rules, and regulations.
(e) Local. The CCREDC and its sublessee shall covenant to comply with all applicable
City ordinances, and rules and regulations promulgated by the Aviation Director.
16. Cancellation - Termination.
(a) Cancellation by the CCREDC. Without limiting any other rights and remedies to
which the CCREDC or its sublessee may be entitled by common law. statutorv law. or as
elsewhere provided in this Lease. this Lease ma>' be coa~celed by the CCREDC or it~ sublessee at
any time in the event of one or more of the following events:
(i) The permanent abandonment of the Airport:
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(ii) The lawful assumption by the United States Government. or any authorized
agency thereof, of the operation, control, or use of the Airport, or any substantial part or
parts thereof, that substantially restricts the CCREDC's sublessee from operating for at
least 150 days;
(iii) The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport that continues for at least 150 days; or
(iv) The default by the Airport in the performance of any covenant and the
failure of the Airport to remedy the default for 150 days after receipt by the City of
written notice to remedy the same.
(b) Termination by the City. Without limiting any other rights and remedies to which
the City may be entitled at common law, statutory law. or as elsewhere provided in this Lease,
this Lease may be terminated by the City if the CCREDC:
(i) Is in arrears in paying any part of the rent, fees, or charges for thirty (30)
business days ("business" days are Monday through Friday). or such other time as may be
provided herein (the ten business days commence on the receipt of written notice from
the Aviation Director to the CCREDC and its sublessee of the default);
(ii) Makes a general assignment for the benefit of creditors;
(iii) Abandons the Premises or any part thereof:
(iv) Files a voluntary petition in banka'uptcy;
(v) Defaults on indebtedness to any lender with a security interest on any of the
personal property of the CCREDC or its subtessee at the Premises: or
(vi) Otherwise defaults in the performance of any of the covenants of the
CCREDC and continues the default fbr 60 days. or such ether time as may be provided
herein, after receipt of written notice from the Aviation Director of the default. (If the
default is such that it cannot be cured within 60 days or such other times may be set out
in the notice of default, the CCREDC is deemed to have cured the defhult if it within the
applicable period commences performance and thereafter diligently prosecutes the same
to completion.)
(c) The City's Right of Entr3, Upon Termination. If the City terminates the Lease or if
the Premises are abandoned, the City may enter upon the Premises.
(i) In the event of termioation by the City. the CCREDC hereby irrevocably
appoints the City Manager its agent to remove any and all persons or property from the
Premises and place any property in storage for the account of and at expense of the
CCREDC. Except for personal property belonging to third parties, all property on the
Premises is hereby subjected to a contractual landlord's lien to secure payment of
-14-
delinquent rent and other sums due and unpaid under this Lease, any and all exemption
laws are hereby expressly waived in favor of such landlord's lien; and it is agreed that
such landlord's lien is not a waiver of any statutory or other lien given or which may be
given to the City but is in addition thereto.
(ii) The CCREDC agrees that if it defaults, the City Manager may. on 30 days
prior written notice, sell the CCREDC's property found on the Premises at a public or
private sale with proceeds of the sale applied first to the cost of the sale, then to the cost
of storage of the property, if any, and then to the indebtedness of the CCREDC, with the
surplus, if any, to be mailed to the CCREDC at the address herein designated. If the City
terminates and reenters the Premises, the City may relet the Premises and if a sufficient
sum is not realized, after paying expenses of the reletting, to pay the rent and other sums
agreed to be paid by the CCREDC, the CCREDC agrees to pay any deficiency within 30
days of Aviation Director's written demand therefor, including itemized breakdown of all
costs related thereto. The CCREDC further agrees to hold harmless and indemnify the
City including its officers, agents, and employees, against any loss or damage or claim
arising out of the City's action in collecting monies owed it under this paragraph, except
for any loss. damage, or claim caused by the negligence or willful misconduct of the City
or its employees.
(d) Notice of Termination. If an event of default occurs, and after due notice the
defaulting party has failed to cure, the complaining party may at any time after the expiration of
any cure period, and if the default has not been cured, terminate this Lease by notice in writing.
The Lease will be terminated on the date specified in the notice but not less than 5 business days
from mailing the notice. Rental payments are payable only to the date of termination.
(e) Partial Destruction. If the Premises or the Facility or the Airport facilities
reasonably necessary to operate the Facility are partially damaged due to acts of God or other
acts outside the control of the CCREDC or the City to the extent that the Facility cannot be used,
then this Lease may be terminated or suspended until the damage is repaired. If the Lease is
terminated as provided for herein, the rent will be abated from the date of the casualty. Provided,
however, that the CCREDC must use its insurance proceeds to either replace the Facility or
remove all trace of the Facility and take the Premises back do,~a to raw land. Any remaining
insurance proceeds will be paid as directed by the CCREDC. The City Manager is the sole judge
of the extent of damage to the Airport and may terminate or suspend the Lease until the damage
is repaired. If the Premises or the Facility are damaged the CCREDC may terminate or suspend
the Lease, and if suspended set a time period for the CCREDC to repair the damages to the
Premises or the Facility.
17. Property Rights upon Expiration or Termination.
(a) Removal of Equipment. Upon termination or expiration of this Lease, the
CCREDC or its sublessee may remove all removable furniture, fixtures and equipment installed
by them within 30 business days after termination or expiration of the Lease. Any damage to the
Premises caused by the removal of such property must be repaired within 15 business days after
termination or expiration of the l_ease to the satisfaction of the Aviation Director.
Notwithstanding the foregoing, if the CCREDC or its sublessee fails to remove such removable
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furniture, fixtures and equipment within 30 business days from the date of termination or
expiration of this Lease, then the City Manager may, at his option, take title to the said
personalty and sell lease or salvage the same, as permitted by law. Any net expense the City
Manager incurs in behalf of the City in disposing of the personalty must be paid by the CCREDC
within 10 days of the City Manager's written demand therefor including an itemized breakdown
of the costs recaptured and the balance due.
(b) New Lease - Equipment Removal Not Required. If the City and the CCREDC
negotiate a new lease, the CCREDC does not have to remove its equipment or personal property.
(c) Improvements Revert to The City. Except for the CCREDC's personal property
and subject to Section 8, at the expiration of the Lease all improvements placed on the Premises
by the CCREDC shall revert to the City in accordance with the City Charter, Article VIII,
Section 2, as amended.
(d) Holdover. Any holding over by the CCREDC of the Premises after the expiration or
other termination of this Lease will be on a month-to-month tenancy at sufferance, at the then
current monthly rental rate. and the CCREDC agrees to surrender the Premises upon 30 days
written notice. Failure to timely surrender the Premises following notice subjects the CCREDC
to a monthly hold over fee of the then current monthly rental rate for each month of delay.
18. Redelivery of Premises. Upon expiration or termination of this Lease, the
CCREDC shall deliver the Premises to the City peaceably, quietly, and in as good condition as
the same now are or may be hereafter improved by the CCREDC or the City, normal use and
wear thereof and damage by casualty excepted. In addition to landlord's lien provided by the
law of the State of Texas, the Airport has a contractual lien on all property of the CCREDC on
the Premises as security for non-payment of rent.
19. The CCREDC's Maintenance Obligations.
(a) Premises. The CC}*,EDC shall cause its sublessee to maintain the Premises in good
appearance and repair, and in a safe condition at its expense. The CCREDC shall cause its
sublessee to maintain, repair, replace, paint, or otherwise finish all leasehold improvements on
the Premises (including, withom limitation, walls, partitions, floors, ceilings, windows, doors,
and glass, and all farnishings, fixtures, and equipment therein). All of the maintenance, repairs,
finishing and replacements must be of quality at least equal to the original in materials and
workmanship.
(b) Quality of Maintenance. It is the intent of the Aviation Director and the CCREDC
that all improvements will be maintained in such a manner as to keep the Facility intact, in good
repair, and in such condition that it will be usable at the end of the Lease. The CCREDC shall
cause its sublessee to comply with the maintenance obligations of Sections 10 and 19 and with
all applicable governmental laws. rules, or regulations. The Aviation Director is the sole judge of
the quality of such maintenance, which must be reasonable and consistent with other Airport
properties. The Aviation Director may at any time. during the City's normal business hours, with
reasonable prior notice, enter upon the Premises to determine if the CCREDC is fulfilling the
-16-
maintenance requirements of this Lease. The Aviation Director must notify the CCREDC in
writing of any default. If the required maintenance in the Aviation Director's notice to the
CCREDC is not commenced by the CCREDC within t5 business days after receipt of written
notice, or is not diligently prosecuted to completion, the Aviation Director may enter upon the
Premises and perform the subject maintenance, and the CCREDC agrees to reimburse the
Airport for its cost within 30 days after Aviation Director's written demand therefor, together
with copies of all bids for the repairs and maintenance.
(c) Correct Hazards. The CCREDC shall cause its sublessee to immediately correct
any hazardous or potentially hazardous condition on the Premises after receipt of notice from the
Aviation Director. At the Aviation Director's discretion, the CCREDC shall require its sublessee
to close the Premises, or any affected portion, until the baT~rdous or potentially ba?ardous
condition is removed or corrected.
20. The City's Obligations:
(a) To operate Corpus Christi Intemational Airport as a public airport during this Lease
subject to the assurances given by the City to the United States Government under the Federal
Airport Act.
(b) To make water, gas, and wastewater service available to the property lease line
upon the same basis as applies to other businesses on the Airport. The CCREDC shall cause
its sublessee to pay for utility usage charges for water, gas, wastewater, electricity and other
utilities supplied to the Premises during the Lease as such charges become due and payable.
21. Indemnification.
(a) General. The CCREI)C shall cause its sublessee to indemnify, hold harmless,
defend and insure the City, its officers, agents, and employees from and against any and all
claims and causes of. action, administrative proceedings, judgments, penalties, fines,
damages, losses, demands, liabilities, or expenses ~vhatsoever (including reasonable
attorney's fees and costs of litigation, mediation and/or administrative proceedings) which
may be brought, alleged, or imposed against the City, its officers, agents, or employees
arising directly or indirectly from or in any way connected with (i) any property damage or
loss, personal injury, including death, or adverse effect on the environment arising out of
any action or inaction of the sublessee with regard to its operations hereunder, including
the use or occupancy of the Premises, or in providing access to secured areas of the Airport
as set out herein, excepting only such liability as may result from the gross negligence of the
City, including its officers, agents, and employees; (ii) the failure of such sublessee, its
agents or employees, to comply with the terms and conditions of this Lease, or to comply
with any applicable federal, state, or local laws, rules, regulations, or orders including, but
not limited to, any and all federal, state, or local environmental laws, rules, regulations, or
orders; or (iii) release of any hazardous or regulated substances or waste onto, into, or
from the Premises or other Airport property connected in any way with the sublessee's
operations or the action or inaction of such sublessee, its agents or employees, regardless of
whether the act, omission, event, or circumstance constituted a violation of applicable law
-17-
at the time of the occurrence. The rights and obligations set forth in this Paragraph shall
survive the termination of this Lease.
(b) Special Claims. The CCREDC shall cause its sublessee to defend, at its own cost,
and protect, indemnify, and otherwise hold harmless, the City, including its officers, agents, and
employees (including but not restricted to the posting of bond and release of attachment) from
and against any and all claims in any way arising out of or in connection with the construction,
repair, or maintenance work undertaken hereunder by, through or on behalf of the CCREDC or
its sublessee, or arising out of or in connection with the operation of the concession under this
Lease, including but not restricted to attachments, liens or levies, and whether or not the claim is
meritorious, made, failed or asserted by any party other than the CCREDC or its sublessee
against the City, including its officers, agents, and employees or the Premises or improvements
thereon or part thereof, or monies owing to the Airport.
(c) Notice. Notwithstanding the above indemnifications, the CCREDC shall give the
Aviation Director notice of any matter covered hereby and forward to the Aviation Director
copies of every demand, notice, summons, or other process received in any claim or legal
proceeding covered hereby within 10 working days of the CCREDC's receipt of said notice,
demand, summons, etc.
22. Insurance. (a) The CCREDC ~hall cause its sublessee to provide insurance in the
amounts and types of coverages required by the City's Risk Manager. Sach insurance
company(les) shall provide the Aviation Director and the Risk Manager certificate(s) of
insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which
shows the level and type of insurance. The insurance company(les) shall provide the Aviation
Director 30 days written notice, by certified mail, prior to cancellation, non-renewal, or material
change in the insurance policy(les).
(b) The City's Risk Manager will annually assess the level and types of insurance
required by the Lease. The Risk Manager can increase or decrease the level or types of insurance
by giving the CCREDC and its sublessee notice no less than 60 days prior to the annual
anniversary, date of the Effective Date of the Lease; however, such increase or decrease of the
level or type of insurance must be comparable with, and no greater than, the minimal levels or
types of insurance of other tenants with similar activities on the Airport. The CCREDC and its
sublessee shall have 30 days to procure the changed insurance and provide written proof of
insurance to the Aviation Director.
(c) All insurance required by this Lease must be primary insurance, and not in excess of
or contributing with other insurance which the CCREDC's sublessee may carry. Ail policies
must name the City as an additional insured or loss payee. The insurance policies as required by
this Lease must apply separately to the City, as if separate policies had been issued to such
sublessee and the City.
(d) The amounts of all required insurance policies must not be deemed a limitation of the
covenant to indemnify the City, and if the CCREDC's sublessee or the City becomes liable in an
amount in excess of the amount(s) of such policies, then the CCREDC's sublessee must
-18-
indemnify the City from the whole thereof, except in the event of grossly negligence or willful
misconduct on the part of the City, its officers, agents, or employees.
23. Notice. Notices are sufficient if in writing; and sent by certified mail, return receipt
requested, postage prepaid, or by overnight delive~ service, or by facsimile as addressed below:
If to the City:
If to the CCREDC:
Aviation Director
Corpus Christi International Airport
100 International Drive
Corpus Christi, Texas 78406
ph: (361) 289-0171
fax: (361) 289-0251
President
Corpus Christi Regional Eco. Dev. Corp.
800 N. Shoreline Drive, Suite 1300 South
Corpus Christi, Texas 78401
ph: (361) 882-7448
fax: (361) 882-9930
or to such other address as may be designated in writing from time to time. All notices sent by
certified mail are deemed received on the third business day after mailing. All notices sent by
overnight deliveR' are deemed received on the next business day after being sent. Ali notices sent
by facsimile are deemed received on the day sent. Any party may change its address by giving
notice to all other parties as set out herein.
24. GENERAL PROVISIONS.
(a) Mineral Rights. The City expressly reserves all water, gas, oil and mineral rights in
and under the soil beneath the Premises.
(b) No Waiver of Forfeiture. Any failure or neglect of the City Manager or the
CCREDC at any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive the City's right thereafter to declare a forfeiture tbr like or other or
succeeding breach or default.
(c) Force Majeure. Neither the City nor the CCREDC will be deemed to be in breach
of this Lease if either is prevented from performing any of its obligations hereunder by reason of
force majeure. Force Majeure means any prevention, delay, or stoppage due to strikes, lockouts,
labor disputes, acts of God, including inclement weather and/or periods of rain or snow, inability
to obtain labor or materials, or reasonable substitutes therefor, governmental restrictions or
requirements, governmental regulations, governmental controls, inability to timely obtain
governmental approvals, enemy or hostile government action, civil commotion, fire or other
casualty, and other causes beyond the reasonable control of the party obligated to perform. All
such events excuse the performance by such party for a period equal to any such prevention,
delay, or stoppage, including: the obligations imposed with regard to commencement or payment
of rental and other charges to be paid by the CCREDC pursuant to this Lease and the obligation
of the City to deliver the Premises.
(d) Quiet Enjoyment. The City covenants that it has the authority to execute this Lease,
that at commencement of the Lease. the City has good title to the Premises and that throughout
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the term hereof, the CCREDC will have peaceful and uninterrupted possession of the Premises
subject to its payment of Rentals and other charges and to its performance of the covenants of the
Lease. The City agrees to remedy any violation of quiet enjoyment caused by the City or one of
the other Airport Tenants and to honor the CCREDC's tenancy for the term of the Lease.
(e) Rules and Regulations. The Aviation Director may adopt and enforce Rules and
Regulations, to be uniformly applied to similar uses and users of similar space, which the
CCREDC agrees to observe and obey with respect to the use of the Premises and the Airport, and
the health, safety and welfare of those using the Premises and the Airport.
(f) Headings. The titles and headings in this Lease are used only for reference, and in no
way define or limit the scope or intent of a provision of the Lease.
(g) Venue. Venue of any action brought under this Lease lies in Nueces County, Texas,
exclusively, where the Lease was executed and will be performed.
(h) Successors and Assigns. Subject to the limitations upon assignment and transfer
herein contained, this Lease binds and inures to the benefit of the parties hereto and their
respective successors and assigns.
(i) No Third Party Benefit. No provision of this Lease creates a third party claim
against the City of Corpus Christi, the Airport. or the CCREDC, beyond that which may legally
exist in the absence of any such provision.
(j) Taxes and Licenses. The CCREDC shall cause its sublessee to pay all taxes of
whatever character, including ad valorem and intangible taxes, that may be levied or charged
upon the Premises, leasehold Improvements, or operations hereunder and upon the CCREDC's
rights to use the Premises, whether the taxes are assessed against the CCREDC or the City prior
to the past due date. The CCREDC shall cause its sublessee to pay' any and all sales taxes arising
in connection with its occupancy or use of the Premises whether thc taxes are assessed against
the CCREDC or the City. The CCREDC shall cause its sublessee to obtain and pay for all
licenses or permits necessary or required by taw for the construction of Improvements, the
installation of equipment and furnishings, and any other licenses necessary for the conduct of its
operations hereunder. If the CCREDC wishes to contest any such tax or charge, that contest will
not be a default under the Lease so long as the CCREDC diligently prosecutes the contest to
conclusion and promptly pays whatever tax is ultimately owed. Further, the CCREDC must pay
any taxes not being contested prior to the past due date.
(k) Trash and Refuse. The CCREDC shall cause its sublessee to arrange for the
collection and lawful disposal of all trash and other refuse resulting from its operation of the
Premises. The CCREDC shall cause its sublessee to provide and use suitable sealed fireproof
receptacles approved by the Aviation Director tbr all trash and other refuse generated by the
CCREDC's use of the Premises. Piling of boxes, cartons, barrels or other similar items in. or
within view from, a public area is not permitted. The CCREDC shall cause its sublessee to
comply with all applicable laws and regulations relative to trash disposal, and the CCREDC
must pay the costs associated with trash removal and disposal.
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(1) Terms binding on successors and assigns. All of the terms, covenants and
agreements herein contained shall be binding upon and shall inure to the benefit of the
successors and assigns of the CCREDC and the City.
(m) Estoppel. Both parties agree that at an5 time and from time to time at reasonable
intervals, within fifteen (15) days after written request by the other party, such party will execute,
acknowledge and deliver to the party designated by the other parry, a certificate in a form as may
from time to time be provided, certifying the following, as well as any other provision
reasonably requested by the other party: (i) that the CCREDC has entered into occupancy of the
Premises and the date of such entry if requested; (ii) that this Lease is in full force and effect, and
has not been assigned, modified, supplemented or amended in any way (or if there has been any
assignment, modification, supplement or amendment, identifying the same); (iii) that this Lease
represents the entire agreement between the City and the CCREDC as to the subject matter
hereof (or if there has been any assignment, modification, supplement or amendment, identifying
the same); (iv) the date of commencement and expiration of the term; (v) that all conditions
under this Lease to be performed by the City, if any, have been satisfied (and if not, what
conditions remain unperformed): (vi) that to the 'knowledge of the signor of such writing no
default exists in the performance or observance of any covenant or condition in this Lease and
there are no then existing defenses or offsets against the enforcement of this Lease by the City or
specifying each default, defense or offset of which the signer may have knowledge; and (vii) the
amount of rent or other rental, if any, that has been paid in advance and the amount of security, if
any, that has been deposited with the City.
(n) Short Form of Lease. The parties agree to execute a short form of lease referring to
this Lease and suitable for recording.
(o) Sublease. The parties agree and acknowledge that the CCREDC's obligations
hereunder are conditioned on the delivery of a fully executed sublease between the CCREDC, as
sublessor, and Vision YechnoIogies Aerospace. Ltd.. as sublessee, to use the Facility constructed
by the CCREDC upon the Premises. If Vision Technologies Aerospace, Ltd. and the CCREDC
fail to enter into a sublease, the CCREDC may terminate this Lease within 60 days of notice that
there will be no sublease, and the Lease xvill automatically terminate upon the Aviation
Director's receipt of the CCREDC's notice of termination for failure to execute a sublease with
Vision Technologies Aerospace, Ltd. without further action of the City Council being required.
(p) Radio Antenna. Subject to the Aviation Director's prior written approval as to height
and location, which will not be unreasonably withheld, the CCREDC may furnish and install, at
its own expense, a radio antenna on the roof of the building over the Premises, subject to (i) any
and all zoning and other regulatory laws, ordinances, statutes, rules, regulations and orders
applicable thereto. (ii) the CCREDC obtaining any and all building and other permits, licenses
and other approvals with respect thereto. (iii) the antenna and building both must be structurally
sound and not adversely cffect the soundness of andJor the condition of the roof and/or other
parts of the building, and (ix') any and all costs of maintaining and operating the same must be
paid entirely by the CCREDC. Upon thc expiration or termination of this Lease, the CCREDC
shall remove said antenna(s) and restore any damage to the roof and/or building and Premises
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caused by the installation and/or removal thereof the CCREDC must pay for all costs for the
repair and maintenance of said installation of the antenna.
(q) Environmental Assessment. The CCREDC will conduct a phase I environmental
assessment of the Premises prior to start of construction by the CCREDC to establish a baseline
for the Premises. The CCREDC will provide the City a copy of the phase I environmental
assessment prior to start of construction.
(r) Requirements of Sublessee. The CCREDC may fully discharge its obligation to
cause its sublessee to take the actions described above in various provisions of this Lease by
requiring such actions in the Sublease between the CCREDC and its sublessee and enforcing the
Sublease in accordance with its terms. The CCREDC shall not be required to take any further
action, other than the contractual requirement as specified above, to cause such sublessee to
perform as required.
(s) Terms binding on successors and assigns. All of the terms, covenants and
agreements herein contained must be binding upon and inure to the benefit of the heirs,
successors and assigns of the CCREDC and the City.
EXECUTED on ,2001.
Attest:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
By:.
David R. Garcia, City Manager
Legal Form Approved on
James R. Bray. Jr. City Attorney
,2001
By:.
CORPUS CHRISTI REGIONAL ECONOMIC
DEVELOPMENT CORPORATION
By:
President
C:\WlNDOWS\FEMP\City-GroundLcase-I doc - 22 -
AN ORDINANCE
APPROVING A LONG-TERM GROUND LEASE AT CORPUS CHRISTI
INTERNATIONAL AIRPORT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT
CORPORATION; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute the long-term "Ground
Lease at Corpus Christi International Airport Between the City of Corpus Christi and the Corpus
Christi Regional Economic Development Corporation," a substantial copy of which is attached hereto
as Exhibit A and incorporated herein for all purposes.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision oft_his ordinance, for it is the definite intent oft_h, is City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its
purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
1JRB4000.007
Ground Lease at Corpus Christi International Airport
Between the City of Corpus Christi and the
Corpus Christi Regional Economic Development Corporation
(30-Year Term)
This Lease is between the CITY OF CORPUS CHRISTI. a Texas municipal corporation
(the "City"), and the CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT
CORPORATION, a Texas nonprofit corporation, (the "CCREDC").
Recitals:
Whereas, the City owns the Corpus Christi International Airport (the "Airport"), located
in Nueces County, Texas;
Whereas, the CCREDC desires to lease a certain parcel of land at the Airport to construct
a master-planned aviation maintenance facility at the Airport ultimately to be subleased to Vision
lechnologies Aerospace. Ltd. ("VT Aero"), as a sublessee as set out in Section 5;
Whereas, the parties wish to enter into a wrinen lease for land on which the CCREDC
will construct said aviation maintenance facility, which shall include up to six aircraft hangars,
each capable of accommodating a wide-body aircraft, with related ramp improvements adjacent
to the west taxiway (collectively the "Facility") under the terms and conditions herein contained;
Whereas, in entering into this Lease, the City is exercising its authority as a home rule city
under the Constitution of the State of Texas. including but not limited to its authority under Texas
Local Government Code Chapter 380 and the Resolution adopted by the City on December 18,
2001 pursuant to Chapter 380 of said Code;
Agreement:
1. Premises. The City leases unto the CCREDC an area located on the west side of the
terminal as described on the attached and incorporated Exhibit A (the "Premises") for the
construction and operation of the Facility, which site contains approximately ten (i0) acres of
land, together with easements and access for ingress and egress. Additionally, the City grants to
the CCREDC an option to lease up to an additional twenty (20) acres of land adjacent thereto as
described on the attached and incorporated Exhibit B (the "Option Premises") for the
construction and operation of additional phases of the Facility. Upon the exercise of any of the
options granted herein, such portion of the Option Premises covered by the exercise of the option
shall be and become part of the Premises as described herein. The City Manager may adjust the
boundaries set forth in Exhibits A and B consistent with the purposes of this Lease, so long as
the tract described in Exhibit A does not exceed ten acres and the tract described in Exhibit B
does not exceed twenty acres
2. Term. This lease is for a term of approximately thirty (30) years beginning at 12:01
a.m., on the date of execution below (the "Effective Date") and ending at 12:00 midnight,
December 31. 2031 (the "Termination Date"); provided that. this Lease shall terminate upon the
later to occur of the tbllowing events:
EXHIB. IZ "A"
(a) December 31, 2022, being the date of expiration of the Sublease to VT Aero, or
(b) The date that those Corpus Christi Industrial Development Corporation Industrial
Development Revenue Bonds (the "Bonds") issued in an amount not to exceed the
principal sum of $18,000.000 in connection with the construction of the Facility have
been discharged in tull and all obligations to the issuer of any letter of credit in
connection with the Bonds have been discharged in full.
3. Ground Rent. (a) Calculations. As a substitute for fair market value mm payments
and pursuant to U.S. Departmem of Transportation Federal Aviation Administration (FAA)
policies and procedures concerning the use of revenue, Section VII.B.5., the City shall charge the
CCREDC as Ground Rent under this Lease the reimbursable costs of providing aeronautical
services and facilities to the Premises, such cost being based upon the cost of City staff services,
any toss of revenue due to decreased use of lands for agricultural purposes and other expenses as
documented in accordance with City policies and FAA regulations. The amount of reimbursable
costs to be paid as Ground Rent for the first year of this Lease shall be $10,000.00 per year. Such
amount shall be subject to adjustment in future years based upon the actual amount of
reimbursable costs determined by the City in accordance with the FAA policies and procedures.
The City shall give written notice to the CCREDC of any adjustments and the basis therefor at
least ninety (90) days prior to the commencement of each Lease year. Otherwise, the same
amount shall apply for the next succeeding Lease year.
(b) Payment. The City shall bill the CCREDC the amount of the reimbursable cost to be
paid as Ground Rent under this Lease on a quarterly basis, which amount shall be due and
payable on the last day of each calendar quarter during the Lease. Any such payments not paid
within ten days of the due date shall be considered past due.
(c) Agent. The City Manager, or his designee ("the City Manager") appoints the
Aviation Director, or designee. (the "Aviation Director") as agent to receive all rentals and
repons under this Lease.
(d) Reports. The CCREDC shall cause its subtessee to submit monthly reports to the
Aviation Director showing the number and type of planes landed and gross landing weight for
each plane landed during the month, including the day and time, and such other related
information that may be requested from time to time. The Aviation Director and the CCREDC's
sublessee shall agree upon a form to be used for this report.
4. Use of Premises. The CCREDC shall cause the Premises to be used solely for
Facility operations, including aviation maintenance and related activities. The CCREDC and its
sublessee shall have preferential use only of any apron(s) constructed by the City.
(a) Parking. The CCREDC and its sublessee shall be authorized to park on the Premises
all Facility and employee automobiles, trucks, vans and similar vehicles, vendors and customers
without the payment of any additional lees to the City. The CCREDC shall cause its sublessee
nevertheless to comply frilly with all of the Aviation Director's rules and regulations for parking
and using vehicles at the Airport.
-2-
(b) Signs. The CCREDC and its sublessee may install on the Premises signs or other
corporate identification of the business. The size, type, design and location of such signs or other
corporate identification shall be subject to the Aviation Director's prior written consent, which
consent shall not be withheld unreasonably.
(c) Rates. The CCREDC shall cause its sublessee to provide its services at the Airport
on a fair, equal and nondiscriminatory, basis, and to charge a fair, reasonable, and
nondiscriminatory price for each unit of sale or service; provided that such sublessee shall be
allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers. Nothing herein contained is intended to be construed as
vesting in the City any power or authority to regulate the charges for services rendered on the
Premises by the CCREDC's sublessee.
(d) Prohibited activities and uses. The following activities and uses are expressly
excluded from this Lease and the CCREDC and its sublessee are prohibited from any such use or
activity:
(1) Ground Transportation tbr hire. (The CCREDC's sublessee may provide
ground transportation /hr its employees as a service; however, said service may not be
offered to the general public on a commercial basis.)
(2) Automobile Rental Service.
News and sundry sales.
Advertising concessions except for those that may be conducted within the
(3)
(4)
Facility.
(5)
Barber, valet and personal services.
(6) The sale of fbod or drink, except from dispensing machines located within the
Facility; however, no cafe or cafeteria type of service may be operated. (7) The sale of flight or trip insurance.
(8) Commercially engaging ia the business of making reservations for hotels.
motels and other lodging.
(9) Sale or transfer or' fuet into any aircraft or from any aircraft.
(10) For profit charter flights.
(11) Flight or ground instruction, except instruction or training for employees or
agents of the CCREDC's sublessee is allowed.
(e) Non-Exclusive Right To Use Airfield. The CCREDC and its sublessee shall have a
non-exclusive right to use the public areas of the Airport facilities including the runways,
taxiways, aprons, ramps and navigational aids. and facilities, in accordance: xvith the applicable
federal, state, and local laws, rules, and regulations.
(f) Acceptance of Premises. The CCREDC shall cause its sublessee to acknoxvledge
that it has inspected the Premises and accepts the Premises in their present physical condition.
5. Assignment and Sublease. (a) Except as explicitly set forth in this Section, the
CCREDC shall not assign, sell. convey, transfer, mortgage, or pledge this Lease or any part
-3-
thereof without the prior written consent of the City. Any restrictions which form a part of any
such written consent granted must be incorporated into a written instrument and form a part of
this Lease. The City authorizes the CCREDC to sublease the Facility to VT Aero, and the City
hereby consents to the sublease of the Premises to VT Aero in accordance with the terms of a
Sublease (the "Sublease") approved by the City Manager. The CCREDC and its sublessee shall
not use. or permit any person to use. the Premises. for any purposes other than as the Facility.
(b) Change in Control. If the CCREDC or its sublessee merges, consolidates, acquires,
affiliates, or associates with any other person, company, corporation or other entity, or in any
manner ~vhatsoever either is bought out or buys out another person, company, corporation or
other entity, and such merger, consolidation, affiliation or association results in a change in
comrol or management of the operations authorized herein, then in that event, such merger,
consolidation, affiliation; or association will be considered by the City as an assignment of this
Lease which requires the prior written approval of the City. Any such merger, consolidation,
affiliation or association without such consent is violation of this Article, and subjects this Lease
to termination under Section 16 of this Lease.
(c) Other Changes. Name Changes or mergers or other affiliations that do not result in
a change of control or management of operations may be approved by the City Manager.
6. Right to Amend. If the FAA, or its successors, requires modifications or changes in
this Lease as a condition precedent to granting funds for Airport improvements, the CCREDC
and its sublessee agree to consent to the amendments, modifications, or changes of this Lease as
may be reasonably required to obtain the funds; provided, however, that neither party will be
required to pay increased rent or change the use of the Premises or accept a relocation or
reduction in size of the Premises until the CCREDC and the City have executed an amendment
to this Lease that is mutually satisfactory to all parties for any terms or conditions of this Lease
affected by such actions or the Lease is terminated.
7. Subordination to U.S./FAA Requirements. This Lease is subordinate to the
provisions of any existing or future agreement between the City and the United States relating to
operating or maintaining the Airport. the execution of which has been or may be required as a
condition to the expenditure of federal funds for the development of the Airport. If the effect of
such agreement with the United States is to take any of the Premises under this [ease out from
the control of the City or to substantially destroy the commercial value of the Premises, then the
City must provide adequate replacement Premises to the CCREDC or just compensation for the
taking of such Premises.
8. Construction of Improvements.
(a) Plans. All plans and specifications tbr the improvements related to the construction
of each phase of the Facility upon the Premises shall meet all of the City's fire and building code
requirements. Upon final completion and acceptance of the Facility by the CCREDC, the
CCREDC shall cause two sets of mylar as-built plans and one electronic copy of the record
documents to be provided to the Aviation Director. who will keep the plans on file at the Airport
and provide a copy to the City Secretary. Further. the CCREDC shall cause said documents to be
-4-
kept current, by requiring that two sets of mylar as-built plans and one electronic copy of all
record documents showing any alteration in excess of $15,000 to the Facility during the Lease to
the Aviation Director in the same manner as provided for the Original plans and specifications.
The exterior design, color scheme, and plans and specifications for the Facility must be approved
by the Aviation Director, which approval shall not be unreasonably withheld. The plans and
specifications as approved by the Aviation Director must be in compliance with all code
requirements as presented. No substantial changes or alterations must be made in said plans or
specifications after initial approval by the Aviation Director without the consent of the Aviation
Director. which consent shall not be umeasonably withheld.
(b) Permits. The CCREDC shall cause its sublessee, at its expense, to obtain all licenses
and permits required for any maintenance, repairs, construction on, or use of the Premises. The
cost of developing all plans and specifications as provided herein and the construction of
improvements and facilities upon Premises shall be paid solely by the CCREDC's sublessee and
must not be an expense to the City whatsoever.
(c) Ownership of Facili~. Upon the termination of this Lease, ownership of the
Facility shall revert to the City. tree and clear of all liens, leases and other encumbrances and
adverse interest in property and improvements.
(d) Inspections. During the progress of all construction, the City Manager's duly
authorized representatives rnay enter upon the Premises, during normal business hours with
reasonable prior notice, and make such inspection as may be reasonably necessary to satisfy the
Aviation Director that the work or construction meets such requirements and standards.
(e) Remodeling and Repairs. During this Lease, the CCREDC and its sublessee shall
(subject to the other terms and conditions of this Lease) have the continuing right to remodel,
renovate and refurbish the Facility and any improvements and facilities thereon, or any part
thereot: and to build and construct new additions and improvements thereto and thereon,
provided notice has first been given to the Director of Aviation. whose approval of the
modifications must not be unreasonably withheld.
(F) Required Provisions and Bonds. The CCREDC shall include in any construction
contract or subcontract all provisions required by the Aviation Director relating to the operations
of the contractor on the Airport; and such provisions shall include a payment and performance
bond for any work in excess of $100.000 to be performed by the CCREDC or the contractor.
(g) Liens. The CCREDC and its sublessee shall not allow a lien to attach to the
Premises or the CCREDC's leasehold interest without the prior written approval of the City
Manager. Notwithstanding the City Manager's approval, the City's fee simple estate in the
surface of the property bnrdened by the CCREDC's leasehold estate must be exempt from such
lien, and any lien shall contain the follox~ing language:
"Lender agrees that the lien created by this instrument is effective only as to the
CCREDC's leasehold estate created by the lease dated the __ day of _,
2001. executed by the City of Corpus Christi. as the City, and the CCREDC, as
-5-
the lessee, and does not affect the City's interest, being the fee simple estate
burdened by the CCREDC's leasehold estate."
or such other language as is approved by the City Attorney.
(h) Foreclosure. In the event of any foreclosure b5 any lender, financing agency, or
guarantor of its lien or liens on the Facility, fixtures, or trade fixtures located on the Premises.
such lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and
duties of the CCREDC, including without limitation paying rem, as if said lender, financing
agency, or guarantor was originally named tenant herein, and such lender, financing agency, or
guarantor will have a reasonable time after date of foreclosure (not less than three hundred sixty
(360) days to sublease the remaining Improvements to such parties as may be approved by the
City.
(i) Certificate of Occupancy. The CCREDC covenants that the construction of the
initial hangar improvements, including all workmanship and materials, will be of first-class
quality and will be in accordance with the plans and specifications approved by the Aviation
Director. As used herein, the term "first-class quality" means of the same quality as buildings
used or to be used for the same or similar purposes already constructed at the Airport. When the
City's Building Official is satisfied that such construction is so in compliance, the Building
Official shall deliver a Certificate of Occupancy to the CCREDC and its sublessee. After
completing any alteration to the Premises, the CCREDC's sublessee must certify to Aviation
Director that the alteration was completed according to the approved plans and specifications
complying with all applicable laws, and regulations.
(j) Alterations. The CCREDC and its sublessee shall not make any external alteration
or any internal alteration that exceeds $15,000 or install any fixtures (except trade fixtures,
equipment, furniture and other items of personal property removable without material damage to
the Premises) during the Lease without the Aviation Director's prior written approval, which
shall oot be unreasonabl.x x~ithheld. If the Premises are damaged by such removal, they must be
immediately repaired.
(k) Construction Indemnity. The CCREDC and its sublessee shall include in all
construction contracts entered into. a provision requiring the contractor to indemnify, hold
harmless, defend and insure the City, including its officers, agents, and employees, against the
risk of legal liability for death, injury or damage to persons or property, direct or consequential,
arising or alleged to arise out of. or in connection with, the performance of any or all of such
construction work, whether the claims and demands made are just or unjust, unless same are
caused by the gross negligence or willful act of the City, its officers, agents, or employees. The
CCREDC shall require its sublessee to furnish, or require the contractor to furnish, insurance as
required in Section 22 herein.
9. Leasehold Mortgage. (a) As used herein, "Leasehold Mortgage" means any
mortgage or deed of trust covering the CCREDC's leasehold interest in this Lease given by the
CCREDC to a Leasehold Mortgagee to secure repayment of funds advanced or to be advanced
by a Leasehold Mortgagee to the CCREDC to construct the Facility on the Premises (the
-6-
"Project"). As used herein. "Leasehold Mortgagee" means the mortgagee or beneficiary under
the Leasehold Mortgage. As used herein. "mortgage" means any mortgage, deed of trust; or other
indenture consisting of a lien on the CCREDC's leasehold interest created hereunder, together
with a promissory note or obligation or bond which it secures. Subject to the conditions set forth
herein, the CCREDC may mortgage its leasehold interest created hereunder~ solely for the
purpose of (1) obtaining financing to construct the Project. including any additional construction
or alteration thereof made subsequent to the initial construction, (2) refinancing such
construction mortgage, and (3) providing financing in connection with the assignment or transfer
by the CCREDC of its interest in this Lease and its leasehold interest created hereunder,
provided, however, that, with respect to the financing described in clauses (2) and (3) above, the
principal amount of any such mortgage must not be greater than the original principal amount of
the mortgage obtained to construct the Project, including any additional construction or alteration
thereof made subsequent to the initial construction and provided:
(i) Such mortgage in no way affects or diminishes the City's interest in the
Premises, or its rights under this Agreement. nor relieves the CCREDC of any of its
obligations hereunder.
(ii) Under no circumstances is the City's fee simple interest in the Premises
subordinate to such mortgage;
(iii) Such mortgage covers no interests in any real property other than the
CCREDC's leasehold interest in the Premises hereunder: and
(iv) The making of such a mortgage by the CCREDC will not be deemed to
constitute an assignment or transfer of this Lease, nor will any mortgagee, as such, be
deemed an assignee or transferee of this Lease.
(b) Rights of Leasehold Mortgagees. No Leasehold Mortgage is binding upon the City
in the enforcement of its rights and remedies under this [..ease and by law provided, unless, and
untik a copy thereof has been delivered to the Aviation Director. The City Manager agrees to
execute an estoppel certificate and any other similar documentatiot~ as may reasonably be
required by the Leasehold Mortgagee so as to certify, to the status of this Lease and to the
performance of the CCREDC hereunder as of the date of such certification. The CCREDC shall
cause its sublessee to furnish Aviation Director a ,~-itten notice setting forth the name and
address of any Leasehold Mortgagee. If a Leasehold Mortgagee or purchaser at foreclosure of
the mortgage acquires the CCREDC's leasehold interest in the Premises. by virtue of the default
of the CCREDC under the mortgage or otherxvise, this Lease will continue in full force and
effect so long as the Leasehold Mortgagee or purchaser at foreclosure is not in default hereunder,
including the obligation to timely pay rent. For the period of time during which the Leasehold
Mortgagee or any purchaser at foreclosure of a mortgage holds the CCREDC's leasehold interest
in the Premises. the Leasehold Mortgagee or such purchaser becomes liable and fully bound by
the provisions of this Lease. With respect to an3' Leasehold Mortgagee of the Premises, the City
agrees that the following apply:
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(i) If requested by a Leasehold Mortgagee, who is duly registered in xvriting with
the Aviation Director. any notice from the City affecting the Premises must be
simultaneously delivered to the CCREDC and such Leasehold Mortgagee at its registered
address, and if so registered, no notice of default or termination of this Lease affecting
the Premises given by the City shall be deemed legally effective until and unless like
notice has been given by the Aviation Director to such Leasehold Mortgagee.
(ii) Any Leasehold Mortgagee entitled to such notice shall have any and all
rights of the CCREDC with respect to the curing of any default hereunder by the
CCREDC.
(iii) The City will not enter into any material modification of this Lease affecting
the Premises without the prior written consent thereto of each Leasehold Mortgagee who
becomes entitled to notice as provided in this Section. The foregoing does not apply nor
may be construed to apply to any right the City may have to terminate this Lease pursuant
to its terms. The CCREDC shall provide any Leasehold Mortgagee with notice of any
proposed modification.
(c) Termination. If the City elects to terminate this Lease for any default by the
CCREDC with respect to the Premises, the Leasehold Mortgagee that has become entitled to
notice as provided in this Section has not only any and all rights of the CCREDC with respect to
curing of any default with respect to the Premises, but also the right to postpone and extend the
specified date, for a maximum of 90 days, for the termination of this Lease (Leasehold
Mortgagee's Right to Postpone)in any notice of termination by the City to the CCREDC
(Termination Notice), subject to the following conditions:
(i) The Leasehold Mortgagee must give the Aviation Director written notice of
the exercise of the Leasehold Mortgagee's Right to Postpone at least ten (10) days prior to
the date of termination specified by the Aviation Director in the Termination Notice and
simultaneously pay to the Lessor all amounts required to cure all defaults then existing
(as of date of the exercise of Leasehold Mortgagee's Right to Postpone) which may be
cured by the payment of a sum of money.
(ii) The Leasehold Mortgagee must pay any sums and changes which may be due
and owing by the CCREDC and promptly undertake to cure, diligently prosecute, and. as
soon as reasonably possible, complete the curing of all defaults of the CCREDC with
respect to the Premises which are susceptible of being cured by the Leasehold Mortgagee.
(iii) The Leasehold Mortgagee's exercise of its Right to Postpone may extend the
date for the termination of this Lease specified in the Termination Notice for a maximum
of six (6) months.
(iv) If. betbre the date specified tbr the termination of this Lease as extended by a
Leasehold Mortgagee's exercise of its Right to Postpone. the Leasehold Mortgagee has
performed and observed all of the CCREDC's covenants and conditions under the Lease
with respect to the Premises and no further defaults with respect to the Premises have
-8-
occurred which not have been timely cured, then. all defaults under this Lease with
respect to the Premises will be deemed to have been cured, and the City's Termination
Notice will be deemed to have been withdrawn.
(v) Nothing herein may be deemed to impose any obligation on the City's part to
deliver physical possession of the Premises to a Leasehold Mortgagee.
(vi) If more than one Leasehold Mortgagee seeks to exercise any of the rights provided
for in this Section, the most senior lienholder is entitled, as against the others, to exemise such
rights. Should a dispute arise among Leasehold Mortgagees regarding the priority of lien, the
Leasehold Mortgagees must prove to the satisfaction of the City Attorney that they have settled
that dispute.
10. Repairs And Maintenance. The CCREDC shall cause its sublessee to make any
and all repairs and replacements necessary to keep the Premises in a first class condition and safe
repair and shall make any and all repairs and replacements necessary to remedy defects of a
structural nature. The CCREDC shall cause its sublessee to provide janitorial service and
maintenance to keep the Premises in a clean, attractive and sanitary, condition at all times. The
landscaping must be well maintained and kept in a neat and tidy condition. The Aviation
Director shall have the right to inspect the Premises during Lessor's normal business hours with
reasonable prior notice. The CCREDC shall cause its sublessee to repair any and all damage
caused to real and/or personal property of the City occurring on the Premises or elsewhere on the
Airport as the result of the willful or negligent acts, or omissions of the CCREDC, its employees
or agents, and not the result of acts or omissions of the City, its employees or agents. As to the
paved common use areas of the Airport, the CCREDC has no obligation to make any structural
improvements to these areas, which is solely the obligation of the City, including any obligation
to maintain repair, resurface, repave or cap the surface in a smooth and operable condition,
similar to other national airports; provided that. the CCREDC shall be responsible for any
improvements required for its construction activities and for the repair of any damages caused
during construction.
1 !. Security Badges. Each of the employees of the CCREDC and its sublessee needing
access to a restricted area (including the AOA, see Section 12) must wear a security
identification badge. A fee and a deposit will be required for each badge, and a replacement fee
will be required for each lost badge. The CCREDC shall cause its sublessee to notify the
Aviation Director immediately after an employee is terminated or loses a badge.
12. Access to the Aircraft Operating Area (AOA). (a) The CCREDC, its sublessee,
and their respective contractors, suppliers of materials, furnishers of services, employees, agents,
and business invitees, shall comply with all present and future laws, rules, regulation, or
ordinances promulgated by the City, the Airport, the Federal Aviation Administration (FAA), or
other governmental agencies to protect the security ,'md integrity or' the Aircraft Operating Area
(AOA), as defined by the Airport and the FAA, and to protect against access to the AOA by
unauthorized persons.
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(b) Procedures. Subject to the approval of the Aviation Director, the CCREDC shall
cause its sublessee to adopt procedures to control and limit access to the AOA by the CCREDC,
its sublessee and their respective contractors, suppliers of materials, fumishers of services,
employees, and business invitees in accordance with all present and future Airport and FAA
laws. rules, regulations, and ordinances. Physical barriers to prevent access to the Air Operations
Area must be in effect during any construction upon the Premises.
(c) Indemnification. The CCREDC further agrees cause its sublessee to to indemnify,
hold harmless, defend and insure the the City, its officers, agents, and employees against the risk
of legal liability for death, injury, or damage to persons or property, direct or consequential,
arising from entry of the AOA permitted, allowed or otherwise made possible by the CCREDC
or sublessee or their respective contractors, suppliers of materials, fumishers of services,
employees, business invitees, agents, or any person under the direction of such sublessee in
violation of the City, Airport, and FAA laws, rules, regulations, or ordinances or such sublessee's
Director-approved procedures for controlling access to the AOA.
(d) Fines. The CCREDC shall cause its sublessee to pay any Federal Aviation
Administration fines associated with security breaches or infractions by its agents, officers.
business invitees, or employees in the AOA, regardless of whether the fine is assessed to the
City, Airport, or the CCREDC or its sublessee, and their respective agents, officers, business
invitees, or employees, ~vhich may be passed through to the CCREDC, its sublessee, agents or
employees as set out in the City Code of Ordinances. Sec. 9-32.
(e) Movement into Aircraft Operations Area ("AOA"). The CCREDC and its
sublessee shall have access to the Airport's AOA, subject to compliance with all applicable FAA
and Airport security procedures. Movement of all aircraft and persons from the Premises into the
AOA and from the AOA into the Premises must be cleared in accordance with Airport and FAA
rules and regulations. The CCREDC's sublessee is primarily responsible for opening and closing
any security gates and doors permitting access to or from the Premises from or to the AOA.
(t) Vehicles in AOA. No vehicles owned or operated by the CCREDC or its sublessee
may operate within the movement or non-movement areas of the AOA except in compliance
with FAA and Airport regulations.
(g) Airport Certification. The CCREDC shall cause its sublessee to comply with all
rules that are applicable to its operations on the Airport under the Airport Certification Rules of
the Federal Aviation Regulations. Part 139. as amended [14 CFR Part 139, as amended]. Copies
of the FAR are available in the office of the Aviation Director.
(h) Airport Securit3'.The CCREDC. its sublessee, and their officers, employees,
invitees, agents, contractors, and guests shall comply with all federal and local Airport Security
Regulations adopted by the City' pursuant to 14 CFR Part 107. as same may be amended. The
CCREDC shall cause its sublessee to indemnify and hold ham~less the City, its officers and
employees, from any charges, fines, or penalties that may be assessed or levied by the FAA by
reason of the negligent or intentional failure of the CCREDC or its sublessee and their officers,
employees, invitees, agents, contractors, or guests to comply with such Airport Security
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Regulations. regardless of whether the CCREDC, the City. or Airport has such fine, charge, or
penalty levied against it.
(i) 14 CFR Part 77 Requirements. The CCREDC shall cause its sublessee to comply
with the notification and review requirements set out in Part 77 of the Federal Aviation
Regulations [14 CFR Part 77]. as amended, if it plans to construct or modify any present or
current structure, antenna, or building located on the Premises. Copies of the FAR are available
in the office of the Aviation Director.
(j) Control of Structures. The CCREDC shall cause its sublessee to not erect nor
permit the erection of any structure, antenna, or building, nor permit the growth of any tree on
the Premises, which has highest point above a mean sea level elevation established by FAA and
the City as a height limitation on such structure, antenna, building, or object. The City may enter
the Premises and remove the encroaching structure, antenna, building, or object at the expense of
the CCREDC's sublessee.
(k) Aerial Approaches. The City Manager may take any action he considers
necessary, to protect the Airport's aerial approaches against obstruction, including the right to
prevent the CCREDC or its sublessee from erecting, or permitting to be erected, any building,
antenna, or structure on or adjacent to the Airport, which in the City Manager's opinion, would
limit the usefulness of the Airport or constitute a hazard to aircraft.
(1) Right to Overflight. The City hereby reserves, for the use and benefit of the public,
a fight of flight for the passage of aircraft above the surface of the Premises, together with the
fight to cause in the airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used for flight in the air, using the airspace for, landing at, or taking off from,
or operating on the Airport.
(m) Airport Layout Plan. The CCREDC shall cause its sublessee to furnish the
Aviation Director with an amended airport layout plan prior to completion of cc, nstruction.
13. Hazardous Substances. (a) The CCREDC and its sub!essee shall comply with all
enviromv, ental laws, rules~ regulations, orders, and permits applicable to the their operations on
or in the vicinity of the Airport. including but not limited to required National Pollutant
Discharge Elimination System Permits and all applicable la~vs relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated substances. Except
for the hazardous substances governed by and transported in full compliance ~vith the
transportation laws of the state or federal government, neither such party shall knowingly use.
store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on
or near the Airport without the Aviation Director's prior written approval and without first
obtaining all required permits and approvals from all authorities having jurisdiction over the
operations on or near the Airport.
(b) If the CCREDC or its sublessee determines that a threat to the environment,
including but not limited to a release, discharge, spill, or deposit of a hazardous or regulated
substance~ has occurred or is occurring which affects or threatens to affect the Airport. or the
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persons, structures, equipment, or other property thereon, such party must immediately verbally
notif,v (1) the Airport's Public Safety Office and (2) all emergency response centers and
environmental or regulatory agencies as required by law or regulation. Such party shall provide
the Aviation Director with written confirmation of the verbal report within 72 hours and
cooperate fully with the Airport in promptly responding to, reporting, and remedying any threat
to the environment, including without [imitation a release or threat of release of a hazardous or
regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in
accordance with applicable law or as authorized or approved by any federal, state, or local
agency having authority over environmental matters.
(c) lhe CCREDC shall cause its sublessee to keep a readily accessible file of Materials
Safety Data Sheets for each hazardous substance stored, used or transported in accordance with
federal and state transportation laws, which file must be posted and immediately available to any
Airport or the City employee who responds to the scene in the event of an accidental discharge
of a hazardous substance. The sublessee's employees shall try to determine which hazardous
substance was accidentally discharged and have that MSD sheet available for the first msponders
to the scene.
(d) The CCREDC shall cause its sublessee to undertake all required remediation and pay
all costs associated with its action or inaction that directly or indirectly causes the Airport to fail
to materially conform to all then applicable environmental laws, rules, regulations, orders, or
permits. The rights and obligations set forth in this Section 14 survive tetxnination of this Lease.
14. Nondiscrimination/Affirmative Action.
(a) Nondiscrimination-general. The CCREDC and its sublessee, as a part of the
consideration hereof, covenants that: (1) no person on the grounds of race, creed, color, religion,
sex, age, national origin, disability, or political belief or affiliation will be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of
the Premises; (2) in the construction of any improvements on. over, or under the Premises and
the furnishing of services thereon, no person on the grounds or' race. color, religion, sex. age,
national origin, disability or political belief or affiliation will be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination: (3) the CCREDC and its
sublessee shall use the Premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations. Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as
amended, and with any other applicable state or federal laws or regulations, as amended.
(b) Nondiscrimination-business owner. This Lease is subject to the requirements of
the U.S. Department of Transportation's regulations. 49 CFR Part 23, Subpart F. The CCREDC
and its sublessee agree that they will not discriminate against any business owner because of the
owner's race. national origin, or sex in connection xvith the award or performance of any
concession agreement, management contract or subcontract, purchase or lease agreement, or
other agreement covered by 49 CFR Part 23. Subpart F.
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(c) Remedy for breach. If any party breaches a non-discrimination covenant, upon due
notice and opportunity to cure, the City may reenter the Premises and the Premises and all the
leasehold interest therein shall revert to the City and its assigns. This provision is not effective
until the procedures of Title 49, Code of Federal Regulations. Part 21 are completed, including
exercise or expiration of appeal rights.
(d) Affirmative Action. The CCREDC shall cause its sublessee to undertake an
affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person
on the grounds of race, creed, color, religion, sex. age, national origin, handicap, or political
belief or affiliation is excluded from participating in any employment activities covered in 14
CFR Part 152, Subpart E. The CCREDC shall cause its sublessee to assure that no person will be
excluded on these grounds from participating in or receiving the services or benefits of any
program or activity covered by that Subpart. The CCREDC shall cause its sublessee to further
agree to require its covered suborganizations to provide similar assurances to undertake
affirmative action programs and to require assurances from their suborganizations, as required by
14 CFR Part 152, Subpart E. The CCREDC shall cause its sublessee at its expense to comply
with any applicable requirements of the Americans with Disabilities Act (ADA) as it may be
amended.
15. ComPliance with laws.
(a) General. The CCREDC shall cause its sublessee to promptly observe, comply with,
and execute the provisions of any and all present and future governmental laws, ordinances,
rules, regulations, requirements, ordexs and directions. Failure to observe or comply with the
aforementioned laws will subject this Lease to cancellation by the City under Section 17 of the
Lease.
(b) Federal. The CCREDC shall cause its sublessee to comply with all applicable
Federal laws, rules, and regulations, including without limitation the Drug Frae Workplace Act,
the Violence in the Workplace Act, the Americans ~vith Disabilities Act, and any other acts that
the U.S. Congress passes that applies to any e~atity that operates at the Airport.
(c) Disadvantaged Business Enterprises (DBE). The CCREDC and its sublessee shall
understand and agree to the lbllowing assurances: It is the City's policy that DBEs have the
maximum practicable opportunity ko be awarded Airport contracts. The CCREDC and its
sublessee agree to use good faith efforts to promote this policy through the Lease at the Airport.
Additionally, the CCREDC shall cause its sublessee as an Equal Opportunity Employer to use
good faith efforts to provide maximum opportunity for the consideration and use of DBEs in the
contracting, subcontracting and purchasing activities associated with this Lease and to abide by
all applicable provisions of the Airport's DBE Program and this Lease. The CCREDC and its
sublessee further agree that no person will be excluded from participation in, denied the benefits
of, or otherwise be discriminated against in connection with the award and performance of any
Airport contract because of race. color, religion, national origin, sex, age, disability, or political
belief or affiliation, and as more specifically provided in Section 14 hereof.
(d) State. The CCREDC and its sublessee shall covenant to comply with all applicable
state laws, rules~ and regulations.
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(e) Local. The CCREDC and its sublessee shall covenant to comply with all applicable
City ordinances, and roles and regulations promulgated by the Aviation Director.
16. Cancellation - Termination.
(a) Cancellation by the CCREDC. Without limiting any other rights and remedies to
which the CCREDC or its sublessee may be entitled by common law, statutory law, or as
elsewhere provided in this Lease, this Lease may be canceled by the CCREDC or its sublessee at
any time in the event of one or more of the following events:
(i) The permanent abandonment of the Airport;
(ii) The lawful assumption by the United States Government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or any substantial part or
parts thereof, that substantially restricts the CCREDC's sublessee from operating for at
least 150 days;
(iii) The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport that continues for at least 150 days; or
(iv) The default by the Airport in the performance of any covenant and the
failure of the Airport to remedy the default for 150 days after receipt by the City of
written notice to remedy the same.
(b) Termination by the City. Without limiting any other rights and remedies to which
the City may be entitled at common law. statutory law. or as elsewhere provided in this Lease,
this Lease may be terminated by the City if the CCREDC:
(i) Is in arrears in paying any part of the rent, fees. or charges for thirty (30)
business days ("business" days are Monday through Friday), or such other time as may be
provided herein {the ten business days commence on the receipt of written notice from
the Aviation Director to the CCREDC and its sublessee of the default);
(ii) Makes a general assignment for the benefit of creditors:
(iii) Abandons the Premises or any part thereof;
(iv) Files a voluntaD' petition in bankruptcy;
(v) Defaults on indebtedness to any lender with a security interest on any of the
personal property of the CCREDC or its sublessee at the Premises: or
(vi) Otherwise defanlts in the performance of any of the covenants of the
CCREDC and continues the default for 60 days. or such other time as may be provided
herein, after receipt of written notice from the Aviation Director of the default. (If the
default is such that it cannot be cured within 60 days or such other times may be set out
in the notice of default, the CCREDC is deemed to have cured the default if it within the
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applicable period commences performance and thereafter diligently prosecutes the same
to completion.)
(c) The City's Right of Entry Upon Termination. If the City terminates the Lease or if
the Premises are abandoned, the City may enter upon the Premises.
(i) In the event of termination by the City, the CCREDC hereby irrevocably
appoints the City Manager its agent to remove any and all persons or property from the
Premises and place any property in storage for the account of and at expense of the
CCREDC. Except for personal property belonging to third parties, all property on the
Premises is hereby subjected to a contractual landlord's lien to secure payment of
delinquent rent and other sums due and unpaid under this Lease, any and all exemption
laws are hereby expressly waived in favor of such landlord's lien; and it is agreed that
such landlord's lien is not a waiver of any statutory or other lien given or which may be
given to the City but is in addition thereto.
(ii) The CCREDC agrees that if it defaults, the City Manager may, on 30 days
prior written notice, sell the CCREDC's property found on the Premises at a public or
private sale with proceeds of the sale applied first to the cost of the sale, then to the cost
of storage of the property, if any, and then to the indebtedness of the CCREDC, with the
surplus, if any, to be mailed to the CCREDC at the address herein designated If the City
terminates and reenters the Premises, the City may relet the Premises and if a sufficient
s ,urr, is not realized, after paying expenses of the reletting, to pay the rent and other sums
agreed to be paid by the CCREDC, the CCREDC agrees to pay any deficiency within 30
days of Aviation Director's written demand therefor, including itemized breakdown of all
costs related thereto. The CCREDC further agrees to hold harmless and indemnify, the
City including its officers, agents, and employees, against any loss or damage or claim
arising out of the City's action in collecting monies owed it under this paragraph, except
for any loss, damage, or claim caused by the negligence or willful misconduct of the City
or its errtployees.
(d) Notice of Termination. If an event of default occurs, and after due notice the
defaulting party has failed to cure, the complaining party may at any time after the expiration of
any cure period~ and if the default has not been cured, terminate this Lease by notice in writing.
The Lease will be terminated on the date specified in the notice but not less than 5 business days
from mailing the notice. Rental payments are payable only to the date of termination.
(e) Partial Destruction. If the Premises or the Facility or the Airport facilities
reasonably necessary to operate the Facility are partially damaged due to acts of God or other
acts outside the control of the CCREDC or the City to the extent that the Facility cannot be used,
then this Lease may be terminated or suspended until the damage is repaired. If the Lease is
terminated as provided for herein, the rent will be abated from the date of the casualty. Provided.
however, that the CCREDC must use its insurance proceeds to either replace the Facility or
remove all trace of the Facility and take the Premises back down to raw land. Any remaining
insurance proceeds will be paid as directed by the CCREDC. The City Manager is the sole judge
of the extent of damage to the Airport and may terminate or suspend the Lease until the damage
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is repaired. If the Premises or the Facility are damaged the CCREDC may terminate or suspend
the Lease, and if suspended set a time period for the CCREDC to repair the damages to the
Premises or the Facility.
17. Property Rights upon Expiration or Termination.
(a) Removal of Equipment. Upon termination or expiration of this Lease. the
CCREDC or its sublessee may remove all removable furniture, fixtures and equipment installed
by them within 30 business days after termination or expiration of the Lease. Any damage to the
Premises caused by the removal of such property must be repaired within 15 business days after
termination or expiration of the Lease to the satisfaction of the Aviation Director.
Notwithstanding the foregoing, if the CCREDC or its sublessee fails to remove such removable
furniture, fixtures and equipment within 30 business days from the date of termination or
expiration of this Lease, then the City Manager may, at his option, take title to the said
personalty and sell lease or salvage the same, as permitted by law. Any net expense the City
Manager incurs in behalf of the City in disposing of the personalty must be paid by the CCREDC
within 10 days of the City Manager's written demand therefor including an itemized breakdown
of the costs recaptured and the balance due.
(b) New Lease - Equipment Removal Not Required. If the City and the CCREDC
negotiate a new lease, the CCREDC does not have to remove its equipment or personal property.
(c) Improvements Revert to The City. Except for the CCREDC's personal property
and subject to Section 8, at the expiration of the Lease all improvements placed on the Premises
by the CCREDC shall revert to the City in accordance with the City Charter, Article VIII,
Section 2, as amended.
(d) Holdover. Any holding over by the CCREDC of the Premises after the expiration or
other termination of this Lease will be on a month-to-month tenancy at sufferance, at the then
current monthly rental rate, and the CCREDC agrees to surrender the Premises upon 30 days
written notice. Failure to timely surrender the Premises £ollowing notice subjects the CCREDC
to a monthly hold over fee of the then current monthly rental rate for each month of delay.
18. Redelivery of Premises. Upon expiration or termination of this Lease~ the
CCREDC shall deliver the Premises to the City peaceably, quietly, and in as good condition as
the same now are or may be hereafter improved by the CCREDC or the City, normal use and
wear thereof and damage by casualty excepted. In addition to landlord's lien provided by the
law of the State of Texas. the Airport has a contractual lien on all property of the CCREDC on
the Premises as security for non-payment of rent.
19. The CCREDC's Maintenance Obligations.
(a) Premises. The CCREDC shall cause its sublessee to maintain the Premises in good
appearance and repair, and in a safe condition at its expense. The CCREDC shall cause its
sublessee to maintain, repair, replace, paint, or othe~vise finish all leasehold improvements on
the Premises (including. without limitation, walls, partitions, floors, ceilings, windows, doors,
and glass, and all furnishings, fixtures, and equipment therein). All of the maintenance, repairs,
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finishing and replacements must be of quality at least equal to the original in materials and
workmanship.
(b) Quality of Maintenance. It is the intent of the Aviation Director and the CCREDC
that all improvements will be maintained in such a manner as to keep the Facility intact, in good
repair, and in such condition that it will be usable at the end of the Lease. The CCREDC shall
cause its sublessee to comply with the maintenance obligations of Sections 10 and 19 and with
all applicable governmental laws, rules, or regulations. The Aviation Director is the sole judge of
the quality of such maintenance, which must be reasonable and consistent with other Airport
properties. The Aviation Director may at any time, during the City's normal business hours, with
reasonable prior notice, enter upon the Premises to determine if the CCREDC is fulfilling the
maintenance requirements of this Lease. The Aviation Director must notify the CCREDC in
writing of any default. If the required maintenance in the Aviation Director's notice to the
CCREDC is not commenced by the CCREDC within 15 business days after receipt of written
notice, or is not diligently prosecuted to completion, the Aviation Director may enter upon the
Premises and perform the subject maintenance, and the CCREDC agrees to reimburse the
Airport for its cost within 30 days after Aviation Director's written demand therefor, together
with copies of all bids for the repairs and maintenance.
(c) Correct Hazards. The CCREDC shall cause its sublessee to immediately correct
any hazardous or potentially hazardous condition on the Premises after receipt of notice from the
Aviation Director. At the Aviation Director's discretion, the CCREDC shall require its sublessee
to close the Premises, or any affected portion, until the hazardous or potentially hazardous
condition is removed or corrected.
20. The City's Obligations:
(a) To operate Corpus Christi International Airport as a pubiic airport during this Lease
subject to the assurances given by the City to the United States Government under the Federal
Airport Act.
(b) To make water, gas, and wastewater service available to the property lease line
upon the same basis as applies to other businesses on the Airport. l~e CCREDC shall cause
its sublessee to pay for utility usage charges for water, gas, wastewater, electricity and other
utilities supplied to the Premises during the Lease as such charges become due and payable.
21. Indemnification.
(a) General. The CCREDC shall cause its sublessee to indemnify, hold harmless,
defend and insure the City, its officers, agents, and employees ti'om and against any and all
claims and causes of. action, administrative proceedings, judgments, penalties, fines,
damages, losses, demands, liabilities, or expenses whatsoever (including reasonable
attorney's fees and costs of litigation, mediation and/or administrative proceedings) which
may be brought, alleged, or imposed against the City, its officers, agents, or employees
arising directly or indirectly from or in any way connected with (i) any property damage or
loss, personal injury, including death, or adverse effect on the environment arising out of
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any action or inaction of the sublessee with regard to its operations hereunder, including
the use or occupancy of the Premises, or in providing access to secured areas of the Airport
as set out herein, excepting only such liability as may result from the gross negligence of the
City, including its officers, agents, and employees; (ii) the failure of such sublessee, its
agents or employees, to comply with the terms and conditions of this Lease, or to comply
with any applicable federal, state, or local laws, rules, regulations, or orders including, but
not limited to, any and all federal, state, or local environmental laws, rules, regulations, or
orders; or (iii) release of any hazardous or regulated substances or waste onto, into, or
from the Premises or other Airport property connected in any way with the sublessee's
operations or the action or inaction of such sublessee, its agents or employees, regardless of
whether the act, omission, event, or circumstance constituted a violation of applicable law
at the time of the occurrence. The rights and obligations set forth !n this Paragraph shall
survive the termination of this Lease.
(b) Special Claims. The CCREDC shall cause its sublessee to defend, at its own cost,
and protect, indemnify, and otherwise hold harmless, the City, including its officers, agents, and
employees (including but not restricted to the posting of bond and release of attachment) from
and against any and all claims in any way arising out of or in connection with the construction.
repair, or maintenance work undertaken hereunder by, through or on behalf of the CCREDC or
its sublessee, or arising out of or in connection with the operation of the concession under this
Lease, including but not restricted to attachments, liens or levies, and whether or not the claim is
meritorious, made, failed or asserted by any party other than the CCREDC or its sublessee
against the City, including its officers, agents,. and employees or the Premises or improvements
thereon or part thereof, or monies owing to the Airport.
(c) Notice. Notwithstanding the above indemnifications, the CCREDC shall give the
Aviation Director notice of any matter covered hereby and forward to the Aviation Director
copies of every demand, notice, summons, or other process received in any claim or legal
proceeding covered hereby within 10 working days of the CCREDC's receipt of said notice,
demand, summons, etc.
22. Insurance. (a) The CCREDC shall cause its sublessee to provide insurance in the
amounts and types of coverages required by the City's Risk Manager. Such insurance
company(ies) shall provide the Aviation Director and the Risk Manager certificate(s) of
insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which
shows the level and type of insurance. The insurance company(ies) shall provide the Aviation
Director 30 days written notice, by certified mail, prior to cancellation, non-renewal, or material
change in the insurance policy(les).
(b) The City's Risk Manager will annually assess the level and types of insurance
required by the Lease. The Risk Manager can increase or decrease the level or types of insurance
by giving the CCREDC and its sublessee notice no less than 60 days prior to the annual
anniversary date of the Effective Date of the Lease: however, such increase or decrease of the
level or type of insurance must be comparable with. and no greater than, the minimal levels or
types of insurance of other tenants xxith similar activities on the Airport. The CCREDC and its
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sublessee shall have 30 days to procure the changed insurance and provide written proof of
insurance to the Aviation Director.
(c) All insurance required by this Lease must be primary insurance, and not in excess of
or contributing with other insurance which the CCREDC's sublessee may carry. All policies
must name the City as an additional insured or loss payee. The insurance policies as required by
this Lease must apply separately to the City, as if separate policies had been issued to such
sublessee and the City.
(d) The amounts of all required insurance policies must not be deemed a limitation of the
covenant to indemnify the City, and if the CCREDC's sublessee or the City becomes liable in an
amount in excess of the amount(s) of such policies, then the CCREDC's sublessee must
indemnify the City from the whole thereof, except in the event of grossly negligence or willful
misconduct on the part of the City, its officers, agents, or employees.
23. Notice. Notices are sufficient if in writing; and sent by certified mail, return receipt
requested, postage prepaid, or by overnight delivery service, or by facsimile as addressed below:
If to the City:
If to the CCREDC:
Aviation Director
Corpus Christi Intemationa! Airport
100 International Drive
Corpus Christi, Texas 78406
ph: (361) 289-0171
fax: (361) 289-0251
President
Corpus Christi Regional Eco. Dev. Corp.
800 N. Shoreline Drive, Suite 1300 South
Corpus Christi, Texas 78401
ph: (361) 882-7448
fax: (361) 882-9930
or to such other address as may be designated in writing from time to time. All notices sent by
certified mail are deemed received on the third business day after mailing. All notices sent by
overnight delivery are deemed received on the next business day after being sent. All notices sent
by facsimile are deemed received on the day sent. Any party may change its address by giving
notice to all other parties as set out herein.
24. GENERAL PROVISIONS.
(a) Mineral Rights. The City expressly reserves all water, gas, oil and mineral rights in
and under the soil beneath the Premises.
(b) No Waiver of Forfeiture. Any failure or neglect of the City Manager or the
CCREDC at any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive the City's right thereafter to declare a forfeiture for like or other or
succeeding breach or default.
(c) Force Majeure. Neither the City nor the CCREDC will be deemed to be in breach
of this Lease if either is prevented from performing any of its obligations hereunder by reason of
force majeure. Force Majeure means any prevention, delay, or stoppage due to strikes, lockouts,
-19-
labor disputes, acts of God, including inclement weather and]or periods of rain or snow. inability
to obtain labor or materials, or reasonable substitutes therefor, governmental restrictions or
requirements, governmental regulations, governmental controls, inability to timely obtain
govemmental approvals, enemy or hostile government action, civil commotion, fire or other
casualty, and other causes beyond the reasonable control of the party obligated to perform. All
such events excuse the performance by such party for a period equal to any such prevention.
delay, or stoppage, including; the obligations imposed with regard to commencement or payment
of rental and other charges to be paid by the CCREDC pursuant to this Lease and the obligation
of the City to deliver the Premises.
(d) Quiet Enjoyment. The City covenants that it has the authority to execute this Lease,
that at commencement of the Lease, the City has good title to the Premises and that throughout
the term hereof, the CCREDC will have peaceful and uninterrupted possession of the Premises
subject to its payment of Rentals and other charges and to its performance of the covenants of the
Lease. The City agrees to remedy any violation of quiet enjoyment caused by the City or one of
the other Airport Tenants and to honor the CCREDC's tenancy for the term of the Lease.
(e) Rules and Regulations. The Aviation Director may adopt and enforce Rules and
Regulations, to be uniformly applied to similar uses and users of similar space, which the
CCREDC agrees to observe and obey with respect to the use of the Premises and the Airport, and
the health, safety and welfare of those using the Premises and the Airport.
(f) Headings. The titles and headings in this Lease are used only for reference, and in no
way define or limit the scope or intent of a provision of the Lease.
(g) Venue. Venue of any action brought under this Lease lies in Nueces County, Texas,
exclusively, where the Lease was executed and will be performed.
(h) Successors and Assigns. Subject to the limitations upon assignment and transfer
herein contained, this Lease binds and inures to the benefit of the parties hereto and their
respective successors and assigns.
(i) No Third Party Benefit. No provision of this Lease creates a third party claim
against the City of Corpus Christi, the Airport, or the CCREDC. beyond that which may legally
exist in the absence of any such provision.
(,j) Taxes and Licenses. The CCREDC shall cause its sublessee to pay all taxes of
whatever character, including ad valorem and intangible taxes, that may be levied or charged
upon the Premises, leasehold Improvements, or operations hereunder and upon the CCREDC's
rights to use the Premises, whether the taxes are assessed against the CCREDC or the City prior
to the past due date. The CCREDC shall cause its sublessee to pay any and all sales taxes arising
in connection with its occupancy or use of the Premises xvhether the taxes are assessed against
the CCREDC or the City. The CCREDC shall cause its sublessee to obtain and pay for all
licenses or permits necessary or required by law tbr the construction of Improvements, the
installation of equipment and furnishings, and any other licenses necessary for the conduct of its
operations hereunder. If the CCREDC wishes to contest any such tz~x or charge, that contest will
- 20 -
not be a default under the Lease so long as the CCREDC diligently prosecutes the contest to
conclusion and promptly pays whatever tax is ultimately owed. Further, the CCREDC must pay
any taxes not being contested prior to the past due date.
(k) Trash and Refuse. The CCREDC shall cause its sublessee to arrange for the
collection and lawful disposal of all trash and other refuse resulting from its operation of the
Premises. The CCREDC shall cause its sublessee to provide and use suitable sealed fireproof
receptacles approved by the Aviation Director for all trash and other refuse generated by the
CCREDC's use of the Premises. Piling of boxes, cartons, barrels or other similar items in, or
within view from, a public area is not permitted. The CCREDC shall cause its sublessee to
comply with all applicable laws and regulations relative to trash disposal, and the CCREDC
must pay the costs associated with trash removal and disposal.
(1) Terms binding on successors and assigns. All of the terms, covenar~ts and
agreements herein contained shall be binding upon and shall inure to the benefit of the
successors and assigns of the CCREDC and the City.
(m) Estoppel. Both parties agree that at any time and from time to time at reasonable
intervals, within fifteen (15) days after written request by the other party, such part)' will execute,
acknowledge and deliver to the party designated by the other party, a certificate in a form as may
from time to time be provided, certifying the following, as well as any other provision
reaser~.ab!y requested by the other party: (i) that the CCREDC has entered into occupancy of the
Premises and the date of such entry if requested; (ii) that this Lease is in full force and effect, mid
has not been assigned, modified, supplemented or amended in any way (or if there has been any
assignment, modification, supplement or amendment, identifying the same); (iii) that this Lease
represents the entire agreement between the City and the CCREDC as to the subject matter
hereof (or if there has been any assignment, modification, supplement or amendment, identifying
the same); (iv) the date of commencement and expiration of the term; (v) that all conditions
under this Lease to be performed by the City, if any, have been satisfied (and if not, what
conditions remain unperformed)' (vi) that to the knowledge of the signor of such writing no
default exists in the performance or observance of any covenant or condition it~. this Lease and
there are no then existing defenses or offsets against the enforcement of this [,ease by the City or
specifying each default, defense or offset of which the signer may have knowledge; and (vii) the
amount of rent or other rental, if any, that has been paid in advance and the amount of security, if
any, that has been deposited with the City.
(n) Short Form of Lease. The parties agree to execute a short fo~m of lease referring to
this Lease and suitable for recording.
(o) Sublease. The parties agree and acknowledge that the CCREDC's obligations
hereunder are conditioned on the delivery of a fully executed sublease between the CCREDC, as
sublessor, and Vision Technologies Aerospace. Ltd.. as sublessee, to use the Facility constructed
by the CCREDC upon the Premises. If Vision Technologies Aerospace, Ltd. and the CCREDC
fail to enter into a sublease, the CCREDC may terminate this Lease within 60 days of notice that
there will be no sublease, and the Lease will automatically terminate upon the Aviation
-21 -
Director's receipt of the CCREDC's notice of termination for failure to execute a sublease with
Vision Technologies Aerospace, Ltd. without further action of the City Council being required.
(p) Radio Antenna. Subject to the Aviation Director's prior written approval as to height
and location, which will not be unreasonably withheld, the CCREDC may furnish and install, at
its own expense, a radio antenna on the roof of the building over the Premises. subject to (i) any
and all zoning and other regulatory laws, ordinances, statutes, rules, regulations and orders
applicable thereto, (ii) the CCREDC obtaining any and all building and other permits, licenses
and other approvals with respect thereto, (iii) the antenna and building both must be itructurally
sound and not adversely effect the soundness of and/or the condition of the roof and/or other
parts of the building, and (iv) any and all costs of maintaining and operating the same must be
paid entirely by the CCREDC. Upon the expiration or termination of this Lease, the CCREDC
shall remove said antenna(s) and restore any damage to the roof and/or building and Premises
caused by the installation and/or removal thereof the CCREDC must pay for all costs for the
repair and maintenance of said installation of the antenna.
(q) Environmental Assessment. The CCREDC will conduct a phase I environmental
assessment of the Premises prior to start of construction by the CCREDC to establish a baseline
for the Premises. The CCREDC will provide the City a copy of the phase I environmental
assessment prior to start of construction.
(r) Requirements of Sublessee. The CCREDC may fully discharge its obligation to
cause its sublessee to take the actions described above in various provisions of this Lease by
requiring such actions in the Sublease between the CCREDC and its sublessee and enforcing the
Sublease in accordance with its terms. The CCREDC shall not be required to take any further
action, other than the contractual requirement as specified above, to cause such sublessee to
perform as required.
(s) Terms binding on successors and assigns. All of the terms, covenants and
agreements herein contained must be binding upon and inure to the benefit of the heirs.
successors and assigns of the CCREDC and the City.
EXECUTED on ,2001.
Attest:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
By:
David R. Garcia. City Manager
Legal Form Approved on
James R. Bray, Jr. City Attorney
,2001
By:
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CORPUS CHRISTI REGIONAL ECONOMIC
DEVELOPMENT CORPORATION
By:.
President
RESOLUTION
APPROVING AN ECONOMIC DEVELOPMENT GRANT AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI
REGIONAL ECONOMIC DEVELOPMENT CORPORATION; AND
PROVIDING FOR SEVERABILITY
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute the "Economic
Development Grant Agreement" between the City of Corpus Christi, Texas, and the Corpus Christi
Regional Economic Development Corporation, a substantial copy of which is attached hereto as
Exhibit A and incorporated herein for all purposes.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this resolution 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 resolution, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its
purpose.
ATTEST:
Armando Chapa
City Secretary
APPROVED THIS THE lq
Samuel L. Neal. Jr.
Mayor, The City of Corpus Christi
DAY OF ~]~z:o~(~ . 2001:
James R. Bray, Jr., City Attorney
1JRB4000.008
ECONOMIC DEVELOPMENT GRANT AGREEMENT
This Economic Development Grant Agreement is by and between the CITY OF
CORPUS CHRISTI. TEXAS, a home-rule city and municipal corporation (the "City") and the
CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION. a Texas
non-profit corporation (the "CCREDC").
Recitals:
Whereas, the City has leased a portion of the Corpus Christi International Airport
("Airport") to the CCREDC by a one-year Ground Lease approved by the City Council on
December 18, 2001, and it is anticipated that the City Council will finally approve a long-term
Ground Lease for the same property on or about January 15, 2002 (the one-year and long-term
leases being collectively referred to herein as the "Ground Lease");
Whereas. the Ground Lease authorizes the CCREDC to sublease a portion of said
property to VISION TECHNOLOGIES AEROSPACE. LTD.. a Texas limited partnership ("VT
Aero") by a Sublease (the "Sublease") consistent with the terms and conditions of the Ground
Lease, pursuant to which the CCREDC will be obligated to construct "Hangar 1" and "Hangar 2"
(each as defined in the Sublease), and will be ~urther obligated to make certain ramp and site
improvements to provide access to and from Hangar 1 and Hangar 2;
Whereas, it is anticipated that the CCREDC will arrange for the issuance by the Corpus
Christi Industrial Development Corporation of its industrial development revenue bonds (the
"Bonds") in an amount not to exceed the principal sum of $18,000,000 in order to obtain
sufficient funds for the construction of hangars and improvements required under the terms of
the Sublease and will enter into a Loan Agreement (the "Loan Agreement") to provide for the
payment of the principal and interest on the Bonds together with the various fees and expenses
associated with the Bonds:
Whereas. a letter of credit (the "Letter of Credit") from BANK OF AMERICA, N.A. (the
"Bank") is anticipated to be issued to provide additional sectrrity for the Bonds, in favor of the
trustee of the Bonds. and the Bank will not issue the Letter of Credit without among other
collateral, the financial commitments of the City, the County of Nueces (the "County"), and the
Port of Corpus Christi Authority of Nueces County (the "Port") to provide funding for economic
development activities of the CCREDC under certain circumstances;
Whereas. the City has adopted a Resolution on December 18, 2001, establishing an
economic development program to encourage the promotion and development of aviation and
commercial activities at the Airport. in order to diversify the economy of the City, and to
promote employment within the City in sectors xvhich experience underemployment;
Whereas. the City desires that the Bank issue said Letter of Credit and further desires the
CCREDC to be able to utilize the proceeds from the sale of the Bonds to construct said hangars
and make such other improvements as an inducement and to enable VT Aero to hire employees
EXI:I. IBI "A"
who reside in the City of Corpus Christi thereby increasing its tax revenues from VT Aero and
its employees and enhancing the quality of life tbr its citizens consistent with the economic
development program described in the Ordinance:
Whereas. the City is willing to enter into this Economic Development Grant Agreement
with the CCREDC pursuant to the Ordinance and the pro,/isions of Chapter 380 of the Texas
Local Government Code to provide economic development funding to the CCREDC under
certain circumstances on an incremental basis, prior to the end of each of the terms for Hangar 1
and Hangar 2 set forth in the Sublease, or at the end of such time thereafter if the said Sublease
terms are extended by CCREDC and VT Aero, and to continue in effect until the CCREDC's
obligations under the Loan Agreement, the Bonds and the Letter of Credit have been discharged
in full; and
Whereas, the parties to this Economic Development Grant Agreement intend this
Agreement to be a standby obligation, to provide funding only on an incremental basis as needed
prior to the end of the each of the terms for Hangar 1 and Hangar 2 set forth in the Sublease, or at
the end of such time of any sublease of Hangar 1 and Hangar 2 by CCREDC, including any
extension of the Sublease with VT Aero for so long as the Bonds remain outstanding or a
payment obligation to the Bank exists under the Letter of Credit, but in no event beyond
December 31, 2022;
NOW, THEREFORE, for valuable consideration received to the satisfaction of the City
and the CCREDC, and for the third party benefit of the Bank as the issuer of said Letter of
Credit, the parties do hereby agree as follows:
Agreement:
1. Funding. Subject to the limitations stated in this Agreement. the amount of funding
required from the City under this Agreement shall be an amount equal to one-third (1/3rd) of the
annual amount of installments due under the Loan Agreement by the CCREDC. These
installments are designed to pay the principal and interest installments arising under the Bonds
together with the trustee fees. remarketing fees and Letter of Credit fees associated therewith.
The obligation of the City to provide the funding shall commence on the Payment Demand Date
(as hereinafter defined) and shall be payable annually thereafter until the Payment Termination
Date (as hereinafter defined). Notwithstanding anything to the contrary contained in this
Agreement, the City's maximum payment obligation hereunder shall be limited to $6,060.000 in
the aggregate. Furthermore. if the initial sublease term for Hangar I under the Sublease ends on
or before April 30, 2008. the City's payment obligations hereunder shall in no event exceed the
following amounts in the years specified:
Maximum Payment
2007 -2008
$300,000 per year
2009 - 2021
$420.000 per year
-2-
If, however, the initial sublease term for Hangar 1 under the Sublease ends on or after May 31,
2008. the City's payment obligations hereunder shall in no event exceed the following amounts
in the years specified:
Years
Maximum Payment
2008 - 2009
$300,000 per year
2010 - 2022
$420,000 per year
2. Payment Demand Date. The Payment Demand Date shall be determined as follows:
(a)
In the event VT Aero gives notice to the CCREDC, in accordance with the terms of
the Sublease, that it is not exercising its rights to continue the Sublease for either or
both hangars upon the expiration of their respective initial lease terms or at the end of
such time thereafter if the said Sublease terms are extended by CCREDC and VT
Aero: and
(b)
In the event that the CCREDC has not procured another subtenant to assume the
duties of VT Aero under the Sublease as to such hangars or otherwise provide for the
payment of the CCREDC's obligations under the Loan Agreement after the
expiration the Sublease;
(c) Then the Payment Demand Date shall be that date 123 days prior to the expiration of
sublease term under the Sublease as to such hangar or hangars.
3. Payment Termination Date. The funding required under this Agreement shall
continue on the same date of each year following the Payment Demand Date until the earlier to
occur of (a) the date the CCREDC has procnred another subtenant acceptable to the City to
assume the duties of VT Aero under the Sublease as to such hangar or hangars or otherwise
provide for the payment of the obligations coming due under the Loan Agreement alter the
expiration of the Sublease. or (b) the Bonds have been discharged in full and all obligations to
the issuer of any letter of credit in connection with the Bonds have been discharged in full (the
"Payment Termination Date").
4. Determination of Funding Amount. In the event that the Sublease expires as to only
Hangar I or Hangar 2, the amount of funding required under this Agreement shall be limited as
follows. The exact amount of funding required under this Agreement shall be further reduced by
an amount equal to one-third (1/3rd) of the amount of any partial Sublease payments, any
settlement amounts, or any other funds available to pay the obligations arising under the Loan
Agreement received by the CCREDC and paid tbr the following Sublease year prior to the
Payment Demand Date. In the event that the CCREDC receives any such payments or funds
after the Payment Demand Date, an amouot equal to one-third (l/3rd) of any such funds shall be
rebated to the City by the CCREDC. In addition, should the Sublease be terminated prior to its
stated expiration date as a result of an event of default caused by VT Aero, the exact amount of
-3-
funding required under this Agreement shall not include amounts due and owing by VT Aero to
the CCREDC under the terms of the Sublease or to the Bank under the Letter of Credit.
5. Place for Payment. The funding required under this Agreement shall be paid to the
CCREDC at its offices at 800 N. Shoreline Drive. Suite 1300 South. Corpus Christi, Texas, in
immcdiatcly available funds or by wire transfer to an account designatcd by the CCREDC by
written notice not less than five (5) days prior to a Payment Demand Date.
6. Term. The term of this Agreement shall commence upon the date of execution
below and continue until December 31, 2022. Notwithstanding the foregoing, on the date that
the Loan Agreement and the Bonds are discharged in full and all obligations under any letter of
credit issued in connection with the Bonds (including the Letter of Credit) have been discharged
in full, this Agreement shall terminate and be of no further fome or effect.
7. Notices. All notices shall be in writing, and if sent by mail shall be sent by certified
mail. return receipt requested, postage prepaid, or by overnight delivery service, or by facsimile
as addressed belo~v:
Ifto the City:
City Manager
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469
Ph: (361) 880-3220
Fax: (361) 880-3839
If to the CCREDC:
President
Corpus Christi Regional Economic Development Corporation
800 N. Shoreline Drive, Suite 1300 South
Corpus Christi. Texas 78401
Ph: (361) 882-7448
Fax: (361) 882-9930
If to the Bank:
Bank of America. N.A.
Attn: Ted Puckett
500 North Shoreline Boulevard
Corpus Christi. Texas 78471
Ph: 061) 881-6797
Fax: (361) 881-6809
-4-
or to such other address as may be designated in writing from time to time. All notices sent by
certified mail are deemed received on the third business day after mailing. All notices sent by
overnight delivery, are deemed received on the next business day after being sent. All notices sent
by facsimile are deemed received on the day sent. Any party may change its address by giving
notice to all other parties as set out herein.
8. Appropriations. The obligations of the City hereunder are subject to the
appropriation of funds for such purposes in future years in accordance with the City Charter,
applicable State law and any other regulatory requirements applicable to the City. Any payment
made by the City pursuant to this Agreement shall be made out of current revenues available to
the City.
9. Subordination of City's Payment Obligations. The City's payment obligations
under this Agreement and any security interest in, lien on, or pledge of these obligations are and
will be subordinate to the lien on, pledge of, and security interest in the revenues of the City
securing the currently outstanding bonds of the City, and the City reserves the right to issue
bonds and other securities and enter into agreements that constitute securities that are secured by
a lien on. pledge of. and security interest in its revenues and other income superior to the
obligation of the City to make the payments required by this Agreement or to any lien on, pledge
of, or security interest in such revenues and income asserted by the CCREDC or the Bank in
connection with this Agreement.
10. Information Regarding the City. The City retains the right to approve any
information regarding the City, including without limitation the City's financial information,
proposed to be used in connection with the issuance of the Bonds or the Letter of Credit.
11. Severability. [f any portion of this Agreement or the application thereof to any
person or circumstance shall be held to be invalid or unconstitutional by any court of ,c~mpetent
jurisdiction, the remainder of this Agreement shall not be affected thereby and. shall cuntinue to
be enforceable in accordance with its terms.
12. Non-Waiver of Rights. It is understood and agreed that no failure or delay in
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise thereof preclude any other or further exercise thereof or the exercise of
any right, power or privilege under this Agreement.
13. Governing Law. The provisions of this Agreement shall be construed in accordance
with the laws of the State of Texas.
14. Venue. Venue for any action brought under this Agreement lies in Nueces County,
Texas, exclusively, ~vhere the Agreement was executed and will be performed.
15. Headings. The titles and headings in this Agreement are used only for reference, and
in no way define or limit the scope or intent of a provision of the Agreement.
-5-
16. Execution in Counterparts. This Agreement may be executed in any number of
counterparts. Each counterpart, when so executed, shall be deemed to be an original and taken
together they shall constitute but one and the same agreement.
I7. Successors and Assigns. All of the terms, covenants and agreements herein
contained shall be binding upon and shall inure to the benefit of the successors and assigns of the
City, the CCREDC and the Bank.
EXECUTED on ,2001.
CITY OF CORPUS CHRISTI
ATTEST:
By:. By:.
City Manager
APPROVED AS TO LEGAL FORUM:
,2001
City Secretary
By:.
City A~orney
CORPUS CHRISTI REGIONAL ECONOMIC
DEVELOPMENT CORPORATION
By:,
Name:
Title:
C:~WIN DOWS\TEMP\City-EDGA4 doc
-6-
TEFRA Hearing
CCIDC —
City Council
Approved
Attomey
�-- General
Approved
ICCREDC I
Assignment Trustee***
ofinterests
to
Payment \
for ease Land Lease
City of CC
Lease of Facility
to VT
Letter of Bond Payments Bond
Cre it * Proceeds
Bonds ** Bond Purchase
Loan
Loan —
Payments
Construction
Lease Payment - 5 Years
7 years
(2 yr notice)
Full Amortization of Costs of
Issuance in 7 years
20 year term
* Letter of Credit:
By Bank of America
If VT Pulls out, Stand by
Parties agree to put payment
up front. Letter of Credit
Remains
** Bonds:
Lower Floater Remarketing Rated
with Swap
*** Trustee
Trustee Bank can not be
letter of credit provider
/3
December 10, 2001
WTU
Notes and Comments
¸'1
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