HomeMy WebLinkAboutAgenda Packet City Council - 10/08/2002CITY
COUNCIL
AGENDA
"Corpus Christi Celebrating 150 Years"
October~', 2002
:45 p.m.
Proclamation declaring October 10, 2002 as "Lights On Afterschool! Day"
Proclamation declaring October 18 - 20, 2002 as "42"~ Annual Texas Jazz Festival"
Proclamation declaring October 26 - 27, 2002 as "8~ Annual Family Festival Weekend"
Proclamation declaring the month of October, 2002 as "Breast Cancer Awareness Month"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
OCTOBER 8, 2002
2:00 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 eadier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes, ff you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingl&s es limitado, habr~ un int&rprete ingl~s-espafiol en todas las juntas del
Concilio pare ayudarte.
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 arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Donald G. Leavell, Corpus Christi Christian Fellowship.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Mark Scott
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
City Manager David R. Garcia
City Attorney James R. Bray, Jr.__
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
O~ober8,2002
Page 2
E. MINUTES:
1. Approval of Regular Meeting of September 24, 2002.
(Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
Arts & Cultural Commission
Museum of Science and History Advisory Committee
Storm Water Management Advisory Committee
Water Resoumes Advisory Committee
Ethics Commission
Park and Recreation Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
ratherthan a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence aflerthe 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)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October8,2002
Page 3
oa.
Motion approving a supply agreement for part time security
personnel for the Convention Center Facilities in accordance with
Bid Invitation No. BI-0138-02 with Southern Secudty Company,
Corpus Chdsti, Texas, based on Iow bid for an estimated annual
expenditure of $115,625. The term of the contract shall 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 by
Convention Center and Coliseum in FY2002-2003. (Attachment
#3)
Motion approving a supply agreement with Dell Financial
Services, Round Rock, Texas for lease of approximately 600
personal computers, in accordance with the State of Texas
Cooperative Purchasing Program for an estimated three-year
expenditure of $1,423,782. The term of the contract 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 Manageror his designee. Funds have been budgeted by
the using departments in FY2002-2003 and will be requested for
all subsequent budget years. (Attachment # 4)
Motion authorizing the City Manager or his designee to execute
an agreement with Cingular Wireless LLC, Altanta, Georgia, for
wireless telephone services based on the State of Texas
Cooperative Purchasing Program for an estimated annual
expenditure of $251,038.20. The term of the contract will be for
twelve months with an option to extend for up to two additional
twelve-month pedods subject to the approval of the supplier and
the City Manager or his designee. This service will be used by all
City departments requiring cellular service. Funds have been
budgeted by the using departments in FY2002~2003.
(Attachment # 5)
Motion authorizing the City Manager or his designee to execute
a construction contract with Fencing Inc. of Texas, of Corpus
Christi, Texas, in the amount of $84,895 for the J.C. Elliott Landfill
Fence Repairs Project. (Attachment # 6)
Motion authorizing the City Manager or his designee to execute
a construction contract with Garver Construction of Houston,
Texas, in the amount of $2,241,537 for street resurfacing on Up
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
October8,2002
Page 4
7.bo
o
10.
11.a.
River Road (IH 37 to Leopard Street). (Bond Issue 2000)
(Attachment # 7)
Motion authorizing the City Manager or his designee to execute
a construction contract with King-Isles, Inc., of Corpus Christi,
Texas, in the amount of $4,981,673 for street resurfacing on
Ayers Street (South Padre Island Drive to Port Avenue) and
Gollihar Road (Crosstown Exprasswayto Kostoryz Road). (Bond
Issue 2002) (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
a testing services contract with Rock Engineering & Testing
Laboratory, Inc. of Corpus Christi, Texas, in the amount of
$39,170 for materials testing on Ayers Street (South Padre
Island Drive to Port Avenue) and Gollihar Road (Crosstown
Expressway to Kostoryz Road). (Bond Issue 2002) (Attachment
# 7)
Motion authorizing the City Manager or his designee to execute
a construction contract with Garver Construction of Houston,
Texas, in the amount of $2,524,704 for the 30-inch Gravity Sewer
Line from Greenwood Drive to Richter Ditch. (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
a construction contract with Garver Construction of Houston,
Texas, in the amount of $1,552,629 for the Up River Road 24-
inch Water Line Improvements from Lantana Road to IH37,
Phase 4. (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the engineering laboratory, inspection and
materials testing service contract with Professional Services
Industries (PSI) of Corpus Christi, Texas, in the amount of
$40,062 for the Corpus Christi International Airport Roadway and
Parking Lot Improvements (Phases 2, 3 and 4). (Attachment #
10)
Resolution determining the necessity for and ordering the
improvement of the following highway in Corpus Chdsti, Nueces
County, Texas: Jamaica Street from Mediterranean to Caribbean,
specifying that certain of these improvements will be paid for
partly by the City and partly by assessments while others will be
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October8,2002
Page 5
11.b.
12.
13.a.
13.b.
14.a.
paid for entirely by assessments; and directing the City's Director
of Engineering Services to file a Notice of Proposed Assessments
with the Nueces County Clerk. (Bond Issue 2000) (Attachment
#11)
Resolution approving plans and specifications for improvements
to the following highway in Corpus Chdsti, Nueces County, Texas:
Jamaica Street from Mediterranean to Caribbean, approving the
Director of Engineering Services' project construction cost
estimate including an estimate of the portion of costs to be paid
by the City and the portion to be paid by assessments; setting a
public hearing on these proposed assessments to occur during
the November 19, 2002 City Council Meeting; directing the City
Secretary to arrange to publish notice of this public headng; and
ordering the Director of Engineering Services to provide wdtten
notice of the public hearing to property owners. (Bond Issue
2000) (Attachment # 11)
Motion approving the application by the Harley-Owners Group
(HOG) for the temporary closing of Chaparral Street between
Lawrence Street and William Street, between 5:00 p.m.,
Thursday, October 17, 2002 and 2:00 a.m., Friday, October 18,
2002, pending proof of insurance. (Attachment # 12)
Motion authorizing the City Manager or his designee to execute
Attachment No. 7 to Contract No. 7460005741-2003 with the
Texas Department of Health in the amount of $128,562 to enable
the Corpus Christi - Nueces County Public Health Distdct to
upgrade to a Level B Capacity in the National Laboratory
Response Network for coping with bioterrorism threats.
(Attachment # 13)
Ordinance appropriating a grant in the amount of $128,562 from
the Texas Department of Health in the No. 1050 Federal/State
Grants Fund for upgrading the Corpus Chdsti-Nueces County
Public Health District to a Level B Capacity Bioterrorism Testing
Laboratory Facility. (Attachment # 13)
Motion authorizing the City Manager or his designee to execute
Attachment No. 06 to Contract No. 7460005741-2003 with the
Texas Department of Health in the amount of $600,000 based on
a $9.45 reimbursement for each participant served, to fund group
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
O~ober8,2002
Page 6
14.b.
15.
16.a.
16.b.
17.
18.
nutrition education, individual counseling, and to distribute food
vouchers at no cost to individuals identified as having nutritional
deficiencies and/or nutritional risk during the period of October 1,
2002 through September 30, 2003 as part of the Women Infant
Children (WIC) Federal Program. (Attachment # 14)
Ordinance appropriating a renewal grant from the Texas
Department of Health, in the amount of $600,000 based on a
$9.45 reimbursement for each participant served, in the No. 1050
Federal/State Grants Fund to fund nutrition education, individual
counseling, and to distribute food vouchers at no cost to
individuals identified as having nutritional deficiencies and/or
nutritional risk. (Attachment # 14)
Resolution approving formation of the North Padre Island
Development Corporation, and approving its articles of
incorporation and bylaws. (Attachment # 15)
Ordinance authorizing the City Manager or his designee to
execute a lease agreement with Host International, Inc., of
Bethesda, Maryland, for the operation of a news and gift
concession at the Corpus Chdsti International Airport for a period
not to exceed twelve months. (Attachment # 16)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a long-term lease agreement with Host
Intemational, Inc., of Bethesda, Maryland for the operation of a
news and gift concession at the Corpus Christi International
Airport for a term of ninety-six months. (Attachment # 16)
Resolution establishing guidelines for city staff to follow in
negotiations for development of the marina and the patented
water area. (Attachment # 17)
Second Reading Ordinance - Waiving the publication of legal
notice renaming the park at 13608 Port Royal on Padre Island
from Cobo Park to Douden Park. (First Reading - 9/24/02)
(Attachment # 18)
I. PUBLIC HEARINGS:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
O~ober8,2002
Page 7
ZONING CASES:
19.
Case No. 0802-02, HDB Enterprises, Inc.: A change of zoning
from an "R-lB" One-family Dwelling District to a "B-4" General
Business Distdct on a 0.502 acre out of Nueces River Irrigation
Park, Annex No. 1, located 150 feet north of Northwest Boulevard
and 475 feet west of County Road 69. (Attachment # 19)
Planninq Commission's and Staff's Recommendation: Approval
of the "B-4" General Business District.
ORDINANCE
Amending the Zoning Ordinance upon application by HDB
Enterprises, Inc. by changing the zoning map in reference to
0.502 acre out of Nueces River Irrigation Park, Annex No. 1, from
"R-lB" One-family Dwelling Distdct to "B-4" General Business
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
20. E-Government, Internet Site Services- Update (Attachment # 20)
21.
Corpus Christi Park and Recreation Open Space Master Plan
2002-2007 (Attachment # 21)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
22.
Resolution approving the Resolution authorizing the issuance of
bonds by the Corpus Chdsti Business and Job Development
Corporation and the execution of a project agreement, and a
bond pumhase agreement with respect to the Arena Project.
(Attachment # 22)
23.
First Reading Ordinance - Authorizing the City Manager or his
designee to execute an amendment to the lease agreement
executed with Noble Food Services, Inc., of Corpus Chdsti,
Texas, on November 21, 2000, by Ordinance No. 024289, and
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda-
Regular Council Meeting
O~ober8,2002
Page 8
24.
25.
amended on December 11, 2001, by Ordinance No. 024685, to
extend the term of the lease from 3:01 a.m. January 1,2003, until
3:00 a.m. August 1, 2004. (Attachment # 23)
Motion authorizing the City Manager to send out a Request for
Qualifications (RFQ) followed by a Request for Proposals (RFP)
to retain a food and beverage company (F & B Company) to
manage the food service operation at the Bayfront Plaza
Convention Center and New Multipurpose Arena for a period of
five years, beginning August 1, 2004. (Attachment # 24)
First Reading Ordinance - Amending the Code of Ordinances,
Article V, Chapter 57, Vehicles for Hire, by revising the previsions
regarding Auto Wreckers, and providing for penalties. (Tabled
9/17/02) (Attachment # 25)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERR
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. PLEASF
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se didge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espa~ol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October8,2002
Page 9
26.
27.
28.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time durfng 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 fo/lowing 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 off/ce.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of San Benito v. PG&E Gas Transmission,
Texas Corporation et. al, No. 96-12-7404-A, 107th District Court,
Cameron County, Texas, and the remaining claim of the City of
Corpus Christi related thereto, and regarding similar claims of the
City of Corpus Christi against other similar entities, with possible
discussion and action related thereto in open session.
Executive session pursuant to Texas Govemment Code Sections
551.071, 551.072, and 551.087 regarding acquisition and
development of a site for a minor league baseball stadium in the
Arena/Convention Center/Port of Corpus Christi area, location of
a professional baseball franchise in the facility, and possible real
estate agreements with the Port of Corpus Christi Authority and
RSR Sports implementing the stadium, with possible discussion
and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 regarding James Skrobarcek v. City of Corpus Christi,
No. 024974-F, 214th District Court, Nueces County, Texas, with
possible discussion and action related thereto in open session.
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.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October 8, 2002
Page 10
29. CITY MANAGER'S REPORT
30.
31.
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 2:00 p.m., October 4 ,2002.
Armando Chapa
City Secretary
The City Council Agenda can be found on the City's Home
Page at www. ci.corpus-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
A~rport / Seawall / Convention Center / Arena
· Continue quarterly repor~ng process for these initiatives.
'86 Bead,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.
priv~fi~ation / Re-En~ineerine
· Clearly define '~ivafization" and "re-engineering."
· Make decision~ regarding privatizafion 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.
· Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Crime Control and Prevention
· Continue 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,
Emolovee Henlth 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
Eeonomic Develooment Sales Tax
· Establish election date.
NEW PRIORITY INITIATIVES AND ISSUES
City staff wlll develop and present to City Council action/implementation plans for the following priority
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma ster Drainage Plan
Garwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contxacts
New Funding Sources / Plan for Inner City Improvements
Improve Permitting Process (online / customer service)
Padre Island Development Plan
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
**Road Projects
Southside Traffic Plan
Storm Water Utility
· Reconsider/mplem~ntafion plan Er a Storm Water Utility.
Packerv Channel
Continue quarterly reports on the progress of the TIF and Beach ResWration Project.
L4ndf~!
· Continue to evaluate the efficiency and effectiveness of operations.
* Examine alternatives for solid waste management systen~ including privatization.
Intem~t
· 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-mall.
· Continue active role.
Frost Bank Buildina
· Lea~e and complete renovation
AnnexatiOn Plain
· Implement current islnnd annexation plan
ADA Transifipn Plan
· Develop and approve ADA Transition Plan within 90 days.
Redtstrietln~
· Develop Council-approv~ redistricting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District con~'acts and determine date for approval
Council Action Items
* Staff completes action requests in a timely manner.
CRv / County Health. Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Markeflnn of CC Museum and Columbus Shins
· Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Governments
Development Initiative P~kages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post-$ommit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, sRldying op./off ralllps Oll SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTAmPubli¢ Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Mark Scott
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
ABSENT
John Longoria
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 24, 2002 - 2:00 p.m.
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Rev. Dr. Tim Brewer, Grace United Methodist Church, and the Pledge of
Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa
called the roll and verified that the necessary quorum of the Council and the required charter officers
were present to conduct the meeting. Mayor Neal stated that Council Member Longoria was not
present because he was called out of town on business. The Mayor then called for approval of the
minutes of the regular Council meeting of September 17, 2002. A motion was made and passed to
approve the minutes as presented.
Mayor Neal referred to Item 2 and the following board appointment was made:
Port of Corpus Christi Authority
Bernard A. Paulson
Mayor Neal read a proclamation honoring Mr. William B. "Bill" Pruet Jr., who passed away
on September 21, 2002. Mr. Pmet served on the Corpus Christi City Council from 1985-89 and was
later elected president of the Corpus Christi Convention and Visitors Bureau. He said Mr. Pruet and
his wife, Phyllis, who have two children and three grandchildren, established The Trend House. The
Mayor then recessed the meeting so the Council could attend Mr. Pruet's memorial service.
Upon reconvening the meeting, Mayor Neal opened discussion on Item 21, renaming Cobo
Park. Council Member Scott said the neighbors worked tirelessly to improve that park. He noted that
the Park and Recreation Advisory Committee voted unanimously to change the park's name. Council
Member Chesney commended the citizens involved, particularly the Doudens. He invited any of
them to join the Friends of the Park Committee. City Secretary Chapa polled the Council as follows:
Minutes - Regular Council Meeting
September 24, 2002 - Page 2
21.
FIRST READING ORDINANCE
Ordinance waiving the publication of legal notice renaming the park at 13608 Port Royal on
Padre Island from Cobo Park to Douden Park.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
MayorNeai called for consideration of the consent agenda (Items 3-15). City SecretaryChapa
announced the following abstentions by Council members: Mr. Noyola on Items 3 and 9.a.-b.; Mr.
Chesney on Item 10.a.; Mr. Scott on Item 10.b.; and Mr. Kelly on Item 14. Council members
requested that Items 9 and 14 be discussed. There were no comments from the audience. Mr. Chapa
polled the Council for their votes and the following were passed:
3. M2002-315
Motion approving a supply agreement for portable chemical toilet service in accordance with
Bid Invitation No. BI-0117-02 with BFI Waste Services of Texas, L.P., Corpus Christi,
Texas based on low bid for an estimated annual expenditure of $35,484.50. 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 are budgeted by the using departments in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longoria absent.
4. M2002-316
Motion approving the purchase of three (3) "Bullard" thermal imaging cameras from Four
Alarm Fire Equipment, Houston, Texas based on only bid for a total amount of $29,100. The
thermal imaging cameras will be used by the Fire Department. Funds are available from a
grant through the Federal Domestic Preparedness Program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longofia absent.
5. M2002-317
Motion authorizing the City Manager or his designee to execute a construction contract with
Adrian Enterprises of Corpus Christi, Texas, in the amount of $288,900 for the Youth
Outdoor Sports Facilities Lighting Improvements Project at South Guth Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Minutes - Regular Council Meeting
September 24, 2002 - Page 3
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
6. M2002-318
10.a.
Motion authorizing the City Manager or his designee to execute a construction contract with
R.E. Rabalais Constructors, Ltd., dba Rabalais I & E Constructors of Corpus Christi, Texas,
in the mount of $26,690 for the Youth Outdoor Sports Facilities Lighting Improvements
Project at Dr. Hector P. Garoia Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
M2002-319
Motion authorizing the City Manager or his designee to execute a construction contract with
F & W Electrical Construction, Inc. of Floresville, Texas in the amount of $221,000 for the
Youth Outdoor Sports Facilities Lighting Improvements Project at Bill Witt Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
M2002-320
Motion authorizing the City Manager or his designee to execute a construction contract with
R.E. Rabalais Constructors, Ltd., dba Rabalais I & E Constructors of Corpus Christi, Texas
in the amount of $134,690 for the Youth Outdoor Sports Facilities Lighting Improvements
Project at Evelyn Price Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
M2002-323
Motion authorizing the City Manager or his designee, to execute a Real Estate Sales
Contract with Adan Martinez and wife, Mafia Martinez, in the amount of $62,000, plus
$1,500 in closing costs and an additional amount not to exceed $22,500, for relocation
assistance to cover moving costs, price differential payments and incidental expenses for
replacement housing, for the purchase of fee simple property rights for Parcel 9, being all of
Lot 12, Block 4, Mount Vernon Subdivision, with street address of 4901 Prinston, necessary
for the McArdle Road Street Improvement Project, Phase 3, No. 6146, Project No. C-6, and
for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney abstaining; Longoria absent.
Minutes - Regular Council Meeting
September 24, 2002 - Page 4
10.b. M2002-324
Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract
with Eric Barnes and wife, Maria Barnes, in the amount of $67,000, plus $1,500 in closing
costs and an additional amount not to exceed $5,250 for relocation assistance of any existing
tenants, including but not limited to rental assistance or down payment supplement for
replacement housing and moving costs, for the purchase of fee simple property rights for
Parcel 11, being all of Lot 12, Block 5, Mount Vernon Subdivision Unit 2, with street
address of 4901 Lansdown, necessary for the McArdle Road Street Improvement Project,
Phase 3, No. 6146, Project No. C-6, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Scoa abstaining; Longoria absent.
11.a. M2002-325
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$46,058 from the Texas Department of Transportation for Year Three of the Intersection
Traffic Control Selective Traffic Enforcement Project (STEP) for traffic enfomement
overtime within the Police Department and to execute all related documents.
The foregoing motion passed by the following vote: Neal, Chesney, CoImenero, Garrett,
Kelly, Kinnison, Noyola, and Scoa voting "Aye"; Longoria absent.
11.b. ORDINANCE NO. 025030
Ordinance appropriating $46,058 from the Texas Department of Transportation for funding
to continue the Intersection Traffic Control Selective Traffic Enfomement Project (STEP)
within the Police Department in No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kiunison, Noyola, and Scott voting "Aye"; Longoria absent.
12. M2002-326
Motion authorizing the City Manager or his designee to execute a contract with Siemens
Transportation System, Inc. of Cedar Rapids, Iowa in the amount of $80,760 for hardware
and software support services on the Police and Fire Depatiment's 200 Mobile Data
Computer/Automated Vehicle Locator systems located in emergency vehicles. The term of
the contract is one year.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes - Regular Council Meeting
September 24, 2002 - Page 5
13. M2002-327
15.
Motion authorizing the City Manager or his designee to execute a contract for professional
services between AMTEC of Hartford, Connecticut and the City of Corpus Christi for a five-
year t~m~ to provide arbitrage compliance se~-ices.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
ORDINANCE NO. 025032
Ordinance a mending the ClearSource/Grande fi'anchise to provide one-month extension for
broadcasting of public and repeat Government Access Channel programming.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal opened discussion on Item 9, airport lift station project. Responding to Council
Member Kelly, City Manager Garcia explained that Pate & Pate, LLC, was the low bidder at
$959,685 but they were unable to successfully comply with the bonding requirements. Consequently,
staff is recommending canceling that contract and awarding the project to the next lowest bidder,
Jalco Inc. for $1,026,400. He said staffcould cancel all the bids and rebid the project but it would
involve a substantial delay. He added that the extra funds are contained in the construction budget.
City Secretary Chapa polled the Council for their votes as follows:
9.a. M2002-321
Motion rescinding authorization for the City Manager or his designee to execute a
construction contract with Pate & Pate, LLC, of The Woodlands, Texas in the amount of
$959,685 for the Corpus Christi International Airport Lift Station and Sanitary Sewer
Relocation Project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longoria absent.
9.b. M2002-322
Motion authorizing the City Manager or his designee to execute a construction contract with
Jalco, Inc. of Houston, Texas in the amount of $1,026,400 for the Corpus Christi
International Airport Lift Station and Sanitary Sewer Relocation Project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longofia absent.
Minutes - Regular Council Meeting
September 24, 2002 - Page 6
Mayor Neal opened discussion on Item 14, intention to issue certificates of obligation (COs).
Council Member Kinnison said that according to the agenda material, the COs could be issued for
up to $35 million and he thought the mount was much smaller. Ms. Lee Ann Dumbauld, Finance
Director, said it is a smaller number; however, they have allowed for the ability to size up for cost
of issuance and for any premium that might be paid on the bonds. Deputy City Manager Noe said
the estimate for construction of the convention center expansion remains at $22.8 million.
Mr. Kinnison asked whether the hotel/motel occupancy tax receipts have been sufficient
enough to allow for a higher issuance of COs than originally planned. Ms. Dumbauld said this should
take care of it for quite a while with the current rate the city is receiving, in addition to the growth
the city has experienced. City Secretary Chapa polled the Council for their votes as follows:
14. RESOLUTION NO. 025031
Resolution by the City Council of the City of Corpus Christi, Texas, directing publication
of notice of intention to issue Combination Tax and Revenue Certificates of Obligation,
Series 2002; and resolving other matters relating to the subject (for the purpose of funding
renovations and improvements to the Convention Center).
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent.
Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
16.
Case No. 0702-01, Mostaghasi Investment Trust: A change of zoning from an "F-R" Farm-
Rural District to an "AB" Professional Office District on Area 1 and a"B-l" Neighborhood
Business District on Area 2, on Airline Subdivision Unit 3, Block 1, Lot 1, located on the
east side of Airline Road and south of Cimarron Road.
City Secretary Chapa said the Planning Commission and staff recommended denial, and in
lieu thereof, that an "R-2" Multiple Dwelling District be approved on Area 1 and a "B-I"
Neighborhood Business District be approved on Area 2.
Mr. Michael Gunning, Planning Director, said the applicant Mr. Mostaghasi originally
requested a change of zoning on the 3.2-acre la'act of land from "F-R" to "B-l" on Area 2 (which
fronts on Airline Road) and to "AB" on Area 1 in the rear. He said there were two public hearings
before the Planning Commission, which recommended the "R-2" zoning on Area 1 which staff
supported and the applicant agreed to. He said Mr. Mostaghasi would like to develop Area 1 with
town homes and Area 2 with retail uses.
Mr. Gunning said that some residents to the south of the subject property indicated at the
Planning Commission that they were opposed to the rezoning because they did not want their line
Minutes - Regular Council Meeting
September 24, 2002 - Page 7
of sight from their properties to be blocked and they felt it would block wind flow as well. Mr.
Gunning added that this is a difficult piece of property to develop and staff recommends approval.
No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close
the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes:
16. ORDINANCE NO. 025033
Amending the Zoning Ordinance upon application by Mostaghasi Investments Trust by
changing the zoning map in reference to Lot 1, Block 1, Airline Subdivision Unit 3, from"F-
R" Farm-Rural District to "B-1" Neighborhood Business District on Area 2 and to "R-2"
Multiple Dwelling District on Area 1; amending the Comprehensive Plan to account for any
deviations fi.om 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 17, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
17.
Case No. 0702-02, David L. Grant dba ILLUSIONS: A change of zoning fi.om an "R-lB"
One-family Dwelling District to an "AB" Professional Office District on Alameda Park
Subdivision, Block 4, Lot 1, located on the southeast side of Gertie Street and Robert Drive
intersection.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"AB" Professional Office District.
Mr. Gunning said that Mr. Grant's hair salon is located in a neighborhood and he is seeking
a zoning change to "AB" Professional Office District, which would accommodate the current use.
He said the Planning Commission unanimously recommended denial of the zoning change; in
addition, they did not consider a special permit to allow Mr. Grant to operate his hair salon in that
location for one year. Mr. Gunning said that before the Council meeting he received a second
petition (containing 69 signatures) in opposition to the zoning change, which brings the percentage
opposed to over 52% within the 200-foot notification area.
Mr. Gunning then showed slides of the subject property and adjacent properties as well as
current zoning designations. He said the hair salon operation at that location is an illegal use and Mr.
Grant was issued a notice of zoning violation in July 2002. He said a zoning change would be
necessary in order to legalize the property's use. Mayor Neal called for public comment.
Ms. Candi Jinnette, 622 Collingswood, said she is a 17-year resident of the neighborhood in
question. She said she is representing other residents who are opposed to the rezoning or special
Minutes - Regular Council Meeting
September 24, 2002 - Page 8
permit requests and she asked the others to stand and be noted. Ms. Jiunette then showed slides of
the hair salon and the surrounding properties. She said that speed humps were installed on Robert
Drive in April 2002 to try to alleviate cut-through traffic and, according to the city's zoning report,
estimated traffic generation would be 41 additional daily vehicle trips as a result of the hair salon.
Ms. Jiunette also discussed parking concerns and safety issues due to the lack of sidewalks in that
neighborhood. She expressed concern about a "domino" effect occurring if the rezoning is granted
and she noted that Mr. Grant has been operating his business illegally for almost three months.
Ms. Shelley Bennett, 4410 Wesley Dr., said she has lived in that neighborhood for years. She
said Mr. Grant ignored the law regarding the rezoning issue until he was issued a citation and forced
to follow the proper procedure. She said there are other hair salons operating in appropriately zoned
locations along Avalon, Alameda and Everhart and she urged the Council to deny the rezoning.
Mr. David Grant, the applicant, said he does not think the residents described what the
condition of the neighborhood is, saying it is fairly mn-dom. He said most of the people who signed
the petition do not live within or close to the 200-foot notification area. He said two people work at
the hair salon and they do not have very many clients during the day. He added that the property is
located on the comer of Robert and Gertie streets. Mr. Grant said he believes his business can serve
as a positive catalyst in the neighborhood and he expressed concern about children riding their
bicycles in the area. He requested a special permit to operate in that loeatiun for one year and, if
granted, he promised that he would not apply for another permit.
Mr. Kelly made a motion to close the public hearing, seconded by Mr. Garrett, and passed.
Mr. Chapa explained that the ordinance before the Council is the applicant's request and if they
approve i t, t hey w ill b e approving t he r ezoning; or they can o pt t o c uncur with t he Planning
Commission's and staff's recommendation of denial of the rezoning.
Mr. Kelly made a motion to concur with the Planning Commission's and staff's
recommendation of denial of the rezoning; seconded by Mr. Noyola. Mr. Chapa polled the Council
and the motion passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and
Scott voting "Aye"; Longoria absent.
17. DENIED
Mr. Scott said he has a great deal of respect for Mr. Grant, who has worked to upgrade
another subdivision. Mr. Scott said he feels that the debate about opening a business in a
neighborhood is valid but he is concerned about comments made about Mr. Grant and the perception
of how he does business.
Minutes - Regular Council Meeting
September 24, 2002 - Page 9
Mayor Neal referred to Item t8, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
18.
Case No. 0702-03, Arnold and Doris Hill: A change of zoning from an "R-lB" One-family
Dwelling District to a "B-l" Neighborhood Business District on Lexington Subdivision,
Block 3, Lot 51, located on the norlh side of Sacky Drive, approximately 300 feet east of
Ayers Street.
City Secretary Chapa said the Planning Commission and staffrecommended approval of the
"B-I" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr.
Noyola made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa
polled the Council for their votes as follows:
ORDINANCE NO. 025034
Amending the Zoning Ordinance upon application by Arnold and Doris Hill, by changing
the zoning map in reference to Lot 51, Block 3, Lexington Subdivision, from "R- 1B" One-
family Dwelling District to "B-l" Neighborhood Business 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,
Garrett, Kelly, Kinnison, N. oyola, and Scott voting "Aye"; Colmenero and Longoria absent.
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
19) was regarding the Juvenile Assessment Center of the Crime Control and Prevention District. Mr.
Dan Whitworth, Director of Park and Recreation, explained that 15% of all juvenile offenders
commit 75% of all violent offenses nationally. He discussed patterns of behavior of juvenile
offenders, saying that between the ages of 9 and 12, youth begin to commit status offenses (such as
truancy and curfew violations) and if they do not receive services at that time, they will go on to
commit violent offenses by the age of 14.
Mr. Whitworth said that since the Juvenile Assessment Center (JAC) opened in September
1999, it has provided comprehensive case management to 2,211 at-risk youth and their families. He
said the cycle of delinquency was broken in over 81% of those cases. In addition, the JAC has gained
the attention of the Office of Juvenile Justice and Delinquency Prevention in Washington, D.C., and
it has been used as an international model for other programs.
Mr. Whitworth pointed out that the JAC was begun with funds fi.om the Crime Control
District (CCD). He said that Ms. Maxiah Boone, who was hired to operate the JAC, successfully
obtained a Title V delinquency prevention grant that provided funds needed to hire a municipal
juvenile judge and four case managers in addition to the two CCD-funded case managers.
The Park and Recreation Director said the JAC returned over 663 children to school for a
Minutes - Regular Council Meeting
September 24, 2002 - Page 10
total of 34,825 ADA-eligible days during FY2002, keeping them offthe streets and saving local
school districts $870,625 in ADA funding. He said the pre-case management attendance was: 53 in
the "good" category, 75 fair, and 146 poor. After case management the attendance was: 163 good,
64 fair, and 47 poor. He added that 70% of the youth who were processed committed no additional
offenses and the recidivism rate was only 9%. He said that after case management, the JAC was able
to reduce by more than one-half violent and non-violent delinquent behavior among the youth who
came through the program.
Mr. Whitworth said the program's success is largely due to its partnership with the Municipal
Juvenile Court, which refers juvenile offenders to the JAC for assessment and/or case management.
In addition to the Title V grant, the court also receives funding from a juvenile accountability
incentive block grant. Mr. Whitworth said preventing delinquency benefits the whole community.
Judge Deanie King, Juvenile Court Judge, said there are many youth coming through the
court and being sent to the JAC. She said that Youth Opportunities United and other entities have
created a list of risk factors, which have changed somewhat in that truancy has gone down as a risk
factor for delinquency. As a result, some of the other risk factors have shifted into priority status,
which she explained. She said it is her goal to refer every child who comes to Municipal Juvenile
Court to ease management services because they are effective. Mayor Neal commended Judge King
for her efforts, saying that the Council's appointment of her was a good decision.
Council Member Garrett said he and the entire Council wanted to thank Judge King for her
commitment to the program. Council Member Noyola said he has heard many good things about
Judge King and her court.
Council Member Chesney asked Judge King to explain the difference between her court and
Judge Lewis' court. Judge King explained that she has the same jurisdiction of the Justices of the
Peace. Also, the city court is a"shadow" system of the county's juvenile system because they handle
Class B and above offenses and everything in her court is Class C criminal offenses. She said that
prior to this system, the Class C offenses were handled at the regular Municipal Court along with
the other cases. Mr. Chesney discussed the hnportance of assessing juvenile behavior and attempting
to keep youth out of the adult penal system.
In response to a question from Mr. Chesney, Ms. Boone replied that her position, two case
managers, three intake staff members, an office assistant and almost all of the JAC's operational
funding comes from the Crime Control District, for a total of about $295,000. She said the Title V
funding is for additional case managers and the judge's position. She noted that it is very gratifying
to see how many more youth the JAC can reach now than were able to be reached through the TR/P
program, which she also headed up.
Police Cmdr. Bryan Smith, CCD Coordinator, said that prior to the opening of the JAC,
police officers had to literally babysit youth who had been picked up at night and taken to the Corona
Training Center. He said the difference was that previously there were no services provided to the
juveniles or assessments conducted because that is not what a police officer is trained to do. He said
the whole purpose of the JAC is to intervene before a juvenile's behavior tums criminal.
Minutes - Regular Council Meeting
September 24, 2002 - Page 11
Council Member Colmenero asked how parents are responding to the JAC. Cmdr. Smith said
that from the police perspective, parents' response has been verypositive. He said some parents have
told them that they were not aware that their child was suicidal or had gang problems. He said often
police officers do not get to see the end result of their work but this program has created synergy
between the police, the courts and intervention and prevention efforts. Ms. Boone added that the JAC
accepts referrals from the various police agencies and the courts and they refer families to a wide
variety of social service organizations.
Council Member Kelly asked about the JAC's affect on crime statistics. Cmdr. Smith said
he thinks it has had an impact on juvenile crime and he noted that gang-related activity and graffiti
problems have decreased. He said the recidivism rate is phenomenally low and he added that these
are long-term programs that need to be continually nurtured. Mr. Kelly asked what other proactive
programs the Police Department has in place. Cmdr. Smith said those programs include the Juvenile
Enforcement Team, bicycle patrol, and directed patrol. He said the point is to keep gangs and drugs
from becoming common elements and, therefore, negative influences in neighborhoods.
Mayor Neal recognized Ms. Paige Dinn, co-chair of Youth Opportunities United, and he
thanked everyone for their efforts.
The second presentation (Item 20) was the quarterly report of the airport terminal
reconstruction project and other related projects. Mr. Dave Hamrick, Aviation Director, introduced
Mr. Richard Maxwell, project architect with Gensler, and Mr. Doug Ellis, project manager with
DMJM Aviation Services. Mr. Hamrick said the new terminal is scheduled to be open November
1, 2002, and flights will be operating from there beginning November 3, 2002.
Mr. Hamrick said that with regard to the terminal construction, the contractor has been
focusing on the interior work, including I-IVAC, plumbing and electrical, terrazzo flooring and
elevators. I n addition, t he extension of the roadway canopy i s being constmcted. H e s aid t he
passenger loading bridge tie-dom have been installed as part of Phase 2 of the terminal apron
improvements, and the loading bridges are currently being installed. He also discussed delivery dates
for the terminal and gate hold room furniture. The Aviation Director also discussed the roads and
parking project, which is expected to be completed by August 8, 2003, and he showed slides of the
construction progress.
City Manager Garcia said that although the terminal will be open on November 1,2002, there
will still be aspects of the project being done primarily behind the scenes and in the parking areas.
Mr. Hamrick said the city received a good response from its request for proposals for news and gift
shop services which will be taken to the Airport Board and the Council for approval. He added that
the Transportation Security Administration (TSA) has asked the city to build out 3,000 square feet
of office space for them in the new terminal, which was not ingluded in the original design. He said
they are negotiating an add-on contract and method of payment for that project. Mr. Garcia said he
believes the traveling public will be very pleased with the new terminal's enhanced amenities.
Minutes - Regular Council Meeting
September 24, 2002 - Page 12
Responding to Mayor Neal, Mr. Hamrick said that the whole area to the current Gate 5 will
eventually be torn down as will the old control tower. However, first the city has to do asbestos
abatement in addition to leasing two floors of the old tower to TSA if and until the Council autho-
rizes the build-out of the new terminal for their offices.
Council Member Colmenero asked about the transition period, which Mr. Ellis discussed.
He said the existing concourse will be cordoned off after November 1a and the two new security
checkpoints wilt be in place and operational in the new concourse. He said the airlines initially will
be worldng from their current ticket locations but the passengers will have to board through the new
concourse.
Council Member Garrett asked if cars in the short-term parking lot will still have to be
inspected. Mr. Garcia replied that there is a rule prohibiting parking within 300 feet of the terminal;
however, the city asked to reopen part of the short-term parking area and, in order to do so, staff have
to conduct inspections of cars parked there. Mr. Garrett asked if the traffic pattern will be improved
once the new terminal opens. Mr. Hamrick said that people will be able to drop passengers off at the
drive-through immediately adjacent to the front of the terminal. He added that there will also be
customer and commercial lanes.
Council Member Scott asked about the canopy extension. Mr. Hamriek said the Council was
provided with a notice of intent for the Aviation Department to go out for a design/build RFP. He
said they anticipate it will cost about $600,000. Mr. Scott said he believes the new terminal will be
architecturally significant and he complimented those involved.
Mayor Neal called for public comment on non-agenda items and there were none.
Mayor Neal opened discussion on Item 22, appropriating the utility system bond proceeds.
Mr. Mark McDaniel, Director of Management and Budget, said the city did not do the reflmding
portion on some older revenue bonds. However, they did roll the commercial paper (which was $42
million) and the balance is $53,599,700, which will be appropriated to the various projects. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes:
22. ORDINANCE NO. 025035
Ordinance appropriating $53,599,700 from the proceeds of the sale of Utility System
Improvement Bonds Series 2002 in the Nos. 4084 Water 2002 Capital Improvement Plan,
4244 Wastewater 2002 Capital Improvement Plan, and 3487 Storm Water 2002 Capital
Improvement Plan Funds to fund various eligible Water, Wastewater and Storm Water
projects on the FY97-98, FY98-99, FY99-00, FY00-01 and FY01-02, Capital Improvement
Projects list.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes - Regular Council Meeting
September 24, 2002 - Page 13
Mayor Neal opened discussion on Item 23, computerized maintenance management system
(CMMS). City Secretary Chapa said that Council Member Noyola would be abstaining on this item.
City Manager Garcia said staff made a very detailed presentation on this issue when EMA Inc. first
discussed the annual implementation phases of the project, of which this is the second phase.
Assistant City Manager Ron Massey explained that this particular contract will give
reinforcement training for the water production and wastewater treatment depa~ hnents. The program
will then be extended to the departments of water distribution, wastewater collection, stormwater,
gas, and the airport. Mr. Massey discussed the organizational redesign that has taken place and he
said they will implement new business practices by focusing on customer sen, ice. Those practices
include performance/service measures; continuous improvement programs; work planning and sche-
duling; and citywide work/service standards.
Mr. Massey said they are also continuing to develop technology and incorporating licenses,
integration and training. He said that CMMS will be linked to the programs ofPeopleSoft, GIS and
HTE and they will replace the airport software. In addition, the contract will involve training of non-
utility staff who create utility work orders (health, hydrant testing, etc.). He added that the city is on
target for the master plan schedule and budget.
Mr. Gareia said the philosophy that staffhas been moving toward over the last four years is
to reduce the overall number of city employees but to keep the remaining workforee as productive
if not more productive than previously. Mr. Massey said the contract can be canceled at any time but
staffwould like to get through the utility departments first.
Mr. Foster Crowell, Wastewater Superintendent, used the wastewater treatment plants to
explain how this new work program operates. He said they incorporated work coordinators and
planners/schedulers as well as included the maintenance activities. He said it was a complex program
to implement while still maintaining the continuous operation of the six treatment plants and 93 lift
stations. He said the employees have experienced changes in their job duties and have received
training for multiple tasks.
Council Member Kinnison asked about the timing of the contract funding. Mr. Massey said
that al~er this year there is the option to extend the program into the General Fund departments. Mr.
Kinnison said Mr. Massey had indicated it would be spread out to FY 2005-06. Mr. Massey said the
advantage of the contract's structure is that it can be implemented based on what the city can afford
and execute. Mr. Garcia said that while the cost is substantial, the savings are also substantial and
it requires a lot of intensive, hands-on education for everyone in the workforee.
Mr. Kinnison also asked about the system's software. Mr. Massey said there are few licenses
associated with the system because it is web-based, which also simplifies the upgrade process. He
said every time another phase is implemented, the required connectivity is also done so that it is fully
functional. Ms. Nancy Lerner, project manager fxom EMA, said the software the city purchased came
bundled with the first year of maintenance and the city's MIS Department has budgeted for the future
maintenance of it (15% of the software purchase price). She said they are controlling the acquisition
of new sof~vare so the city is never paying to maintain more than what staffis actually using.
Minutes - Regular Council Meeting
September 24, 2002 - Page 14
Responding to Council Member Colmenero, Mr. Garcia said they are creating a fully
integrated data base in which, for example, staffwill be able to immediately determine the status of
a particular job work order. Mr. Massey said the data base will also include such information as the
number and kinds of assets (pieces of equipmen0 the city maintains and operates. Mr. Colmenero
requested a copy of the calendar. There were no comments fi.om the audience. Mr. Chapa polled the
Council for their votes as follows:
23. M2002-328
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
contract with EMA Inc. of Houston, Texas in the amount of $1,253,000 for next phase
implementation of the computerized maintenance management system (Aviation, Gas, Storm
Water, Wastewater and Water Departments).
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, and
Kelly voting "Aye"; Noyola abstaining; Kinnison, Longoria and Scott absent.
Mayor Neal noted that the executive sessions (Items 24 and 25) were withdrawn. He then
called for the CityManager's report. Mr. Garcia asked Mr. Juan Ortiz, Coordinator of the Emergency
Operations Center, to discuss the anticipated track of Tropical Storm Isidore into Louisiana. He
noted that Corpus Christi is expected to experience some of the effects of the storm surge, resulting
in higher than normal tides. Mr. Chesney complimented staff for keeping the Council and the public
informed about the storm. Mr. Garrett asked about contingencies for the JFK Causeway, which Mr.
Ortiz explained.
Mr. Garcia and Mr. Massey also discussed how Tropical Storm Fay washed out a bridge at
the ese Creek which is key to the operation of the J.C. Elliott Landfill. Mr. Garcia said that as a
result, staff is having to take emergency measures to maintain that operation. Mayor Neal asked
about the status of the National Guard request for those bridges. Mr. Massey said one went through
Eec channels but it was denied. Mr. Garcia said staffwill resubmit the request through civilian
channels.
Mr. Garcia said the next Council meeting will be held October 8t~ and scheduled items
include the wrecker ordinance and dilapidated housing. He added that last week the Council voted
to cancel the October 15~ Council meeting since most of the Council and several staffmembers will
be attending the Texas Municipal League Conference in Ft. Worth October 16-19. He said that on
October 22na there will be a joint meeting at noon with the Convention and Visitors Bureau board
followed by the regular Council meeting.
Mayor Neal asked City Attorney Bray what information city staff can provide to the Council
and the public about the propositions on the November 5~ ballot pertaining to the strong mayor form
of government and the marina leases. Mr. Bray said staff is planning to provide factual information
about what the effect of those propositions will be if they are passed.
Minutes - Regular Council Meeting
September 24, 2002 - Page 15
The Mayor also asked if the Council can pass a resolution either in favor of or against the
proposed charter revisions. Mr. Bray said the Council can pass a resolution as they did on the
constitutional amendments but they cannot spend money to make copies and distribute them. Mr.
Kelly said he thought the individual Council members' positions were clear and he questioned
whether a resolution would be appropriate. Mr. Chesney said he has no problem with it as long as
it is legal. Mayor Neal said he would like staff to bring back resolutions on each one of those items.
He then called for Council concerns and reports.
Mr. Chesney said he had discussed with the City Manager and with Mr. Whitworth the
problem relating to the parking behind the police and fire substation on the island. He asked if
something will be brought before the Council. Mr. Garcia replied that there is an extensive history
with that parking lot and he asked the City Engineer to provide a full report.
Mr. Chesney also announced a Friends of the Park meeting on October 10~ fi.om 5:30 p.m.
to 8:30 p.m. and a town hall meeting on September 30t~ at Miller High School hosted by Mr. Kelly,
Mr. Garrett and himself. Mr. Chesney also referred to flooding problems that have been occurring
frequently. Mayor Neal said the stormwater master plan will be coming before the Council in the
next 30 days. Mr. Gamia said he has told staff that it does not do any good to identify the needs that
exist without also providing funding options.
Mr. Chesney also asked about expediting the builders' permitting process through the city.
Assistant City Manager Margie Rose said that today they were able to work out the details relating
to the requirement for having certified engineers' seals on some of the plans that are submitted via
fax. Mr. Chesney said that is an important issue to the builders.
Mr. Garrett said they have been discussing the problem with the parking lot on the island
since 1990. He said he received a copy of a letter fi.om Ms. Elizabeth Johnson and he asked Mr.
Massey to have staff contact her. Mr. Garrett also asked about the status of the public safety training
center. Mr. Garcia said the land acquisition is underway and Mr. Angel Escobar, Director of
Engineering Services, said additional progress should be made in the next 30 to 60 days. Mr. Garrett
also said that a meeting needs to be held with the wrecker company representatives to make sure they
understand the proposed changes to the ordinance.
Mr. Kinnison referred to the explanations that will be provided about the ballot issues. He
said the information about the baseball stadium did not clearly state that if the stadium is not built,
that money stays within the jobs development program for a specific period of time and then it has
to be used for the specific purposes.
Mr. Colmenero reiterated his request that staff address the high weed problem throughout
the city.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 6:38 p.m. on September 24, 2002.
2
ARTS & CULTURAL COMMISSION - Eight (8) vacancies with terms to 9-01-03, 9-01-
04 and 9-01-05 representing the following categories: 1 - Art / Business Development, 2 -
Public Art / Public Space, 1 - Del Mar College, 1 - Economic Development / Tourism, 1-
Architecture, 1 - Visual Art and 1 - Marketing. (Mayoral appointments subject to
confirmation by Council)
DUTIES: To recommend the use, location, lease or purchase of works of art to be
considered a part of the beautification or cultural development of the City; to advise owners
of private property in relation to beautification of their properties; to prepare specifications
for the maintenance of works of art and to inspect such work for the guidance of the City
departments concerned.
COMPOSITION SUMMARY: Seventeen (17) members appointed by the Mayor subject
to confirmation by the Council for three-year terms to provide advice on beautification and
cultural development of the City. The Commission shall represent the following categories:
(2) marketing representatives; (2) Economic Development/Tourism representatives; (2)
Public Space/Public Art representatives; (2) Youth/Education representatives; and one
representative from Music, Visual Art, Dance, Drama, Architecture, Texas A&M University,
Del Mar College, Civic Leader, and a Business development group such as the Chamber of
Commerce, and the Hispanic Chamber of Commerce.
MEMBERS TERM
ORIGINAL
APPTD. DATE
* Chuck Anastos (Pub. Art/Pub. Space), Chairman 9-01-02
Linda Avila (Texas A&M-CC), Vice-Chairman 9-01-03
** Deborah Fullerton (Visual Art) 9-01-04
*** Frank Trimble, III (Architecture) 9-01-02
Elia Gutierrez (Civic Leader) 9-01-04
Ricardo Sanchez (Marketing) 9-01-03
** Sheila Rogers (Art / Business Development) 9-01-03
Cynthia Alcorta (Dance) 9-01-04
Dennis Kemmerer (Education/Youth) 9-01-04
Anna M. Flores (Economic Dev./Tourism) 9-01-05
** Elizabeth Reese (Public Art/Public Space) 9-01-03
** Anne Stewart (Del Mar College) 9-01-02
Tracie Rodriguez (Education/Youth) 9-01-03
George Balli (Drama) 9-01-04
** Joe Ochoa (Economic Dev./Tourism) 9-01-03
Colin Sykes (Music) 9-01-04
** Leticia Mondragnn (Marketing) 9-01-03
12-12-00
2-22-00
8-24-99
11-13-01
2-22-00
2-29-00
8-24-99
11-13-01
12-08-98
4-23-02
8-24-99
11-13-01
11-13-01
8-24-99
11-13-01
12-12-00
2-22-00
* Seeking reappointment
** Has exceeded the number of absences allowed by ordinance
*** Resigned
10-08-02.wpd, p. 1
ATTENDANCE RATE OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Chuck Anastos (Pub. Art/Space) 12
12 100%
NOTE: The Arts & Cultural Commission is recommending the following individuals for
appointment: Lynda Jones (Public Art/Public Space) and Norma Urban (Economic
Development / Tourism). They are recommending the following individuals for
reappointment or reinstatement: Sheila Rogers (Art/Business Development), Elizabeth
R eese (Public Art/Public Space), Deborah Fullerton (Visual Art), Anne Stewart (DelMar
College) and Chuck Anastos (Public Art/Public Space). They are also recommending
that Chuck Anastos represent the Architecture category instead of Public Art ~Public
Space.
OTHER INDIVIDUALS EXPRESSING INTEREST
Architecture, Music, Visual Art, Dance, or Dramn
Edgar Farrera
Self-employed Architectural Consultant. Master's
degree in Architecture from U.T. Austin. Peer Panel
member of the Arts & Cultural Commission. Former
Director of the Columbus Fleet Association from
1992-94. (Architecture) (8-01-01)
Brian Watson
Freelance photographer, writer and journalist. B.A. in
Managerial Studies, Rice University. Numerous
academic awards: President's Honor Roll at Rice
University, National Dean's List and member of Phi
Kappa Phi Academic Honor Society. Participant in
the Community Leadership Development Program,
receiving training in wide variety of areas affecting
the disabled (transportation, housing, employment and
advocacy). (Visual Art) (11-26-01)
Art / Business Development
DeAnn Gould-Lancaster
Arts Manager/Consultant (self-employed). M.A. in
Arts Management, University of Illinois - Springfield;
B.A. in Political Science with a minor in Sculpture,
Clarion University of Pennsylvania. Professional and
community activities include: American Association
of Museums, National Association for Museum
Exhibition, and New Neighbors League. (Art /
Business Developmen0 (8-05-02)
Larcy L. Weingartner
Owner, Sonshine Photos. Active volunteer with the
Art Center of Corpus Christi and Art Fest. Recipient
10-08-02.wpd, p. 2
Del Mar College
Shawnee Jones-Bonnette
Economic Development/Tourism
David Barganski
Kevin Ferrau
James Jones, Ph.D.
Joe W. Oliver
of various fine art awards. One of his photographs is
displayed in the White House. (Art / Business
DevelopmenO (8-07-02)
Dance educator & choreographer, Del Mar College.
B.A. in Dance, University of Houston - Clear Lake.
B.Ed. with Dance specialization, University of
Houston Main Campus. Serves as a
Teacher/choreographer for Corpus Christi Ballet and
Harbor Playhouse. Activities include: Del Mar
College Cultural Programs Committee Chair (1999-
2000) and C.C. Grant Review panelist (1999). (Del
Mar College) (9-30~01)
Financial Consultant, A.G. Edwards. Graduate of
Sinton High School with Honors. B.B.A. with
Finance Major from Texas A&M - College Station.
(Economic Development/Tourism) 0-23-00)
Asset Manager, Citgo Refining & Chemicals. M.B.A.
from Pepperdine University; B.S. in Chemical
Engineering, California State Polytechnic University.
Community activities include: Padre Soccer League
Board member, Director of Player Development and
Coach; City of Corpus Christi Park and Recreation
Department Volleyball League player. (Economic
Development/Tourism) (3-08-02)
Retired Professor of Management, Del Mar College.
Ph.D. from University of North Texas; M.B.A. from
Texas A&M-Corpus Christi. Recipient of the
President's Award from the Hotel Motel Condo
Association for significant contributions to the
hospitality industry. (Economic Development
/Tourism)(8-13-O1)
Inspection Supervisor, Citgo Refining & Chemical.
B.S. in Mechanical Engineering, University of Texas
at Austin. Professional activities include: American
Society of Mechanical Engineers and a Registered
Professional Engineer in Texas. Volunteers with
youth sports organizations. (Economic
Development/Tourism) (3-08-02)
10-08-02.wpd, p. 3
Education/Youth
Zachary Walter
Marketing
Randy Lara
Daiquiri Richard
Public Art / Public Space
Isabel Arraiza
Dale D. Berry
Annando Camina
Willie Campbell
10-08-02.wpd, p. 4
CCISD 5th Grade Teacher, Oak Park SES. B.A. in
Elementary Education, TAMU-CC. Member of
Kappa Delta D. Volunteers with Big Brothers/Big
Sisters, Odyssey of the Mind coach and Oceans in
Jeopardy coach. Recipient of FAME Award for
acting from TAMU-CC. Founder of the 10th Street
Theater. (Education/Youth) (05-20-99)
Marketing Specialist, Driscoll Children's Hospital.
Member of Young Professionals Club, Corpus Christi
Chamber of Commerce Ambassador, and Koch
Coastal Bend Community Advisory Council. (9-13-
00) (Marketing)
Executive Director, Beautify Corpus Christi
Association. B.A. in Communications from Texas
A&M ~2orpus Christi. (Marketing) (7-19-01)
Ph.D. candidate in Sociology, Boston College.
Member of the American Sociological Association.
Proponent of multicultural art in our community.
Recipient of Latino Scholar Award from Boston
College in Spring 2001. (Public~4rt/PublicSpace) (9-
07-01)
Director of Development, Texas A&M - Kingsville.
B.A. from Howard Payne University. Professional
and community activities include: Beautify Corpus
Christi and the Association of Fund Raising
Professionals. (Public Art/Public Space) (1-24-02)
Director, Wondrous Stories. Community and
professional activities include: AVANCE board
member, Hope-Faith & Dreams board member, has
held successful writing workshops and has a
television program in syndication called Mondo
Power Thoughts. Recipient of various sales awards.
(Public ~4rt /Public Space) (9-24-02)
Occupation: Oil and Refining Industry. Corporate
Trustee - St. John's Baptist Church; also a Youth
Director and Sunday School Teacher. Enjoys painting
and art. Very interested in serving his community.
(Pubtic ,~rt /Public Space)(1-14-O0)
Ahnira Flores
Linda O. Gibbson
Brian York Grant
LyndaA.J. Jones
Molly Merkle
Mary "Linda" Moya
Jennifer Anne Taylor
10-08-02.wpd, p. 5
Radiology Technician, North Bay Hospital. Graduate
of Spohn Hospital School of Radiologic Technology.
Professional and community activities include:
Hispanic Women's Network of Texas (past president)
and the Coastal Bend Society of Radiologic
Technology, and Vice-Chair on the State Board of
Hispanic Women's Network of Texas. Recipient of
the Las Estrellas Award (Hispanic Women's
Network). (Public Art/Public Space) (8-09-02)
Artists Representative. Associate's degree
(Medicine). Coordinates and participates in weekly
life drawing class at Art Center of Corpus Christi.
Volunteers as a docent for South Texas Institute of the
Arts. Board member of Padre Island Enrichment
Women's Club. Employedbyoperacompanyprior to
relocating to Corpus Christi. (Public Art/Public
Space) (10-03-00)
Director of Critical Care, Christus Spolm Health
System. Educated in England with degrees in Nursing
Management from the Oxford College of Technology.
Member of Del Mar College Nursing Advisory Board.
Singing Member of Corpus Christi Chorale. (Public
Art/Public Space) (9-07-01)
Fine Arts Teacher, Carroll High School. Part-time
Assistant, W Studio. Co-owner, "WPB - Web Page
Builder", web page design and hosting. B.A. in
Education with major in Art and minor in English.
(Public Art/Public Space) (6-18-01)
Completing her senior year in Fine Arts program at
Texas A&M-Corpus Christi. Serves on the Board of
Trustees at South Texas Institute for the Arts. Artist
at W-Studio with Bill Wilhelm. (Public Art/Public
Space) o-00
Real estate agent. Board member of the Tejano
Academy of Fine ASrts and member of LULAC. Has
lived in Corpus Christi over 40 years. (Public Art /
Public Space) (2-02-00)
Executive Director, Family Outreach. M.A. in Arts
Policy and Administration, Ohio State University;
B.A. in Art History, University of South Carolina.
Served as a grant panelist for the Idaho Commission
on the Arts (ICA) reviewing and evaluating grant
Carolyn Young
Texas A&M - CC
J. Don Luna
Karen L. Middleton
applications. Has ten years experience in project
management, grant writing and corporate and
foundation relations. (Public Art/Public Space) (8-
12-02)
Candidate for Masters of Arts degree in Studio Art,
Texas A&M-Corpus Christi. B.A. in Heating and
Speech Therapy, University of Texas at Austin.
Professional artist and licensed professional heating
and speech therapist. Active with the Art Museum of
South Texas Board of Trustees, South Padre Island
Chamber of Commerce. (Public Art/Public Space)
(9-27-02)
Associate Professor of Theater, Texas A&M 42orpus
Christi. M.F.A. in Acting and Directing, University
of Arizona. Extensive experience acting and directing
for theater and film. (1-14-00) (Texas A&M- CC)
Professor of Business Management, Texas A&M
42orpus Christi. Ph.D. Business Administration,
University of Houston; M.B.A. Management &
Marketing, University of Texas - San Antonio;
Bachelor's degree in Music Education, Bradley
University, Peoria, IL. Has performed with vocal
groups in concerts in the Midwest and Northwest
U.S., as well as in Asia. Was a music educator for 13
years before completing her Ph.D. in Business
Administration. (Texas A&M- CC) (9-29-00)
10-08-02.wpd, p. 6
b. MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMYi~rEE - Four (4)
vacancies with terms to 9-01-03 and 9-01-05, two of which represent the following
categories: 1 - Friends of the Museum nominee and 1 - CCISD nominee. (Mayoral
appointments subject to confirmation by Council)
DUTIES: To consult with the Museum Director on operation of the museum; to act as
advisory to the City Council on matters pertaining to the operation, support, and development
of the Corpus Christi Museum.
COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent
of the Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by
Friends of the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall
seek suggestions from Friends of the Museum, Museum Auxiliary, Museum AdvisoryBoard,
and fi-om Board of Trustees of other Corpus Christi school districts. Ex-officio members
shall include the City Manager and Superintendent of CCISD, or their designated
representatives. The term of each advisory member shall be three years.
MEMBERS TERM
ORIGINAL
APPTD.DATE
* Mary G. Longoria, Chairperson 9-01-02 11-01-94
Dr. Alexey Sadovski 9-01-04 2-13-01
Lynda Falconer 9-01-03 2-13-01
* Kathy Heymann (Friends of Museum) 9-01-02 10-08-96
Dr. Henry Brennecke (Museum Auxiliary) 9-01-04 9-26-95
Phyllis Howerton Riddle (Museum Auxiliary) 9-01-04 2-12-02
Donna Flyrm (Friends of the Museum) 9-01-03 10-08-96
** Joe E. Martinez Jr. (CCISD) 9-01-03 2-13-01
* Patricia Bacak-Clements 9-01-02 10-08-96
Anna Peterson 9-01-03 2-13-01
Tony C. Diaz 9-01-04 9-26-95
City Manager Ex-officio, nonvoting
CCISD Superintendent Ex-officio, nonvoting
* Has met the six-year service limitation and is ineligible for reappointment
** No longer a CCISD employee and is ineligible to represent this category
NOTE: The Friends of the Museum are nominating Joe E. Martinez Jr., formerly
representing CClSD, as their representative.
INDIVIDUALS EXPRESSING INTEREST
David Barganski
Financial Consultant, A.G. Edwards. Graduate of
Sinton High School with Honors. B.B.A. with
Finance Major f~om Texas A&M - College Station.
($-23-00)
David Blanke, Ph.D.
Assistant Professor of History, Texas A&M - C.C.
Ph.D., M.A. in History fi-om Loyola University
10-08-02.wpd, p. 7
Grady Blount, Ph.D.
Randy Lara
Lawrence Wilk, M.D.
(Chicago). Member of the Organization of American
Historians and the American Historical Association.
(9-20-01)
Chair of the Department of Physical and Life
Sciences, Texas A&M C.C. Professor of
Environmental Science and Geology. Creator of
StarDate, now an internationally syndicated PBS radio
program. Completed a three-year NASA JOVE
fellowship working with the U.S.G.S. Planetology
Office to determine the effects of asteroid and comet
impacts on the Earth's environment (1997). (9-20-01)
Marketing Specialist, Driscoll Children's Hospital.
Attended Southwest Texas State University. Active
with the following: member of Young Professionals
Club, C.C. Chamber of Commerce ambassador, and
Koch Coastal Bend CommunityAdvisory Council. (9-
13-00)
Orthopedic Surgeon. B.S., Psychology, University of
Michigan; M.D., Orthopaedic Residency. Member of
Boys Scouts and Ada Wilson Hospital. (6-29-01)
10-08-02.wpd, p. 8
c. STORM WATER MANAGEMENT ADVISORY COMMITTEE - Two (2) vacancies
with terms to 6-30-03. (Mayoral appointments subject to confirmation by Council)
DUTIES: The duties of the committee are to become familiar with the issues surrounding
storm water management as well as the City's NPDES permit for storm water and to advise
the Mayor and Council on these issues as the City continues its implementation of the Storm
Water Quality Plan.
COMPOSITION: Eleven (11) members appointed by the Mayor with the approval of the
council to represent various community interests. All members shall serve two-year terms.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Willard Hammonds, II, Chairman 6-30-03 8-24-99
W. Greg Carter 6-30-03 8-24-99
Robyn Cobb 6-30-03 8-24-99
* Roberto Cardenas 6-30-03 7-10-01
Richard Haynes 6-30-03 7-10-01
Claudia L. Lobell 6-30-03 8-24-99
Henry Nuss 6-30-03 8-24-99
* Joe Ortiz 6-30-03 8-24-99
Leon Loeb 6-30-03 7-10-01
Ted Stephens 6-30-03 8-24-99
Dan Winship 6-30-03 8-24-99
* Has exceeded the number of absences allowed by ordinance
OTHER INDIVIDUALS EXPRESSING INTEREST
Irene Chavez
Assistant Director of Community Relations, Corpus
Christi State School. B.A. in Speech Communication
from St. Mary's University. Community activities
include the following: Founding member and
treasurer of the Coastal Bend Cesar Chavez
Committee, Coastal Bend Alliance for Youth member
and Assistant Community Relations Liaison for the
Volunteer Services Council of the C.C. State School.
(6-04-02)
Michael Cox
Sr. Environmental Engineer, Valero Refining Co.
B.S. in Chemical Engineering, University of Houston.
Member of the United Way, Air and Waste
Management Association, and American Institute of
Chemical Engineers. (8-11-99)
Hector Estrada, Ph.D.
Associate Professor of Civil Engineering, Texas
A&M - Kingsville. Ph.D. and M.S. in Civil
10-08-02.wpd, p. 9
Ralph C. Geckle
Ed A. Lopez
James A. Needham
Patrick D. Veteto
Engineering, University of Illinois at Urbana-
Champaign. Member of the American Society of
Civil Engineers and Mechanical Engineers (ASCE
and ASME). Has published on structural engineering
in various peer-reviewed journals and conference
proceedings. (5-14-02)
Chemist/Environmental Scientist. M.S. in
Environmental Science and B.S. in Chemistry. 27
years experience as an Analytical or Environmental
Chemist. Three years teaching experience in college
level laboratory courses. Thorough understanding of
qualitative and quantitative measures. (8~11-99)
Executive Vice-President / Chief Lending Officer,
The Bank of Alice. B.B.A. in Finance, Texas A&I
University; Graduate School of Banking, University
of Wisconsin at Madison. Community activities
include: former member of the Coastal Bend
Workforce Development Corporation, Housing
Authority board and Boys and Girls Club; current
member of Hispanic Chamber and Texas Appraisal
and Licensing Board. (7-22-02)
Coordinator of Programs, Texas A&M-Corpus
Christi. Serves as a liaison between Texas A&M
University System and South Texas business,
industry, govemment, trade organizations and
professional groups. B.S. andM.S, in Construction
Management; Ph.D. in Architecture. Member of
Local Emergency Planning Committee, United Way,
Air Quality Committee and No~h Bay Community
Advisory Committee. (6-13-01)
President, RVE Inc. B.S. in Chemical Engineering
from Texas A&M University - College Station.
Member of the Chamber of Commerce Board of
Directors and President of the Corpus Christi Chapter
of American Society of Civil Engineers. (8-06-02)
10-08-02.wpd, p. 10
d~
WATER RESOURCES ADVISORY COMMITTEE - Three (3) vacancies with terms to
4-01-03 and 4-01-04 representing the following categories: 1 - Military facility, 1- School
district and 1 - Citizen at large. (Mayoral appointments subject to confirmation by
Council)
DUTIES: To advise thc City Council, City Manager and Water Superintendent in matters
of water resources management. The City Council, City Manager and Water Superintendent
may refer matters to the committee to obtain their views.
COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the
Council for two-year staggered terms. The members shall include 1 - residential customer
(home owner) of the City's water system; 1 - large commercial customer of the City water
system, 1 - wholesale raw or treated water customer of the City's regional water supply
system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a
school district located within the city , 1- representative of a military facility, 1 -
representative of landscaping/nursery/horticulture interest; 1 - representative of apartment
owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two
Council member(s) to serve as ex-officio member(s).
MEMBERS TERM
ORIGINAL
APPTD. DATE
Kimberly Stockseth (Residential) 4-01-03
Jon Kiggans (Lg. commercial) 4-01-03
Carola Serrato (Wholesale treated) 4-01-03
Bob Kent (Port Industries) 4-01-04
* Conrado Garcia (School district) 4-01-04
* Capt. Richard Marcantonio (Military) 4-01-03
Herman Johnson, Sr. (Landscaping) 4-01-04
Lena Coleman (Apt. Owners) 4-01-04
* Maribel Bermudez (Citizen at Large) 4-01-04
Council Member Henry Garrett Ex-officio
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Residential (Homeowner)
Kevin Betts
Executive Director, Trinity Towers Retirement
Community. Associate's degree fxom Columbus State
College. Certified Assisted Living Manager in Texas.
(Residential) (6-15-01)
Lawrence H. Wilk, M.D.
Orthopaedic Surgeon. B.S. in Psychology, University
of Michigan; M.D., Orthopaedic Residency.
Currently serving on Coastal Bend Health Facilities
Development Corporation. (6-29-01)
10-08-02.wpd, p. 11
Laree Commercial
Michael Cox
Sr. Environmental Engineer, Valero Refining Co.
B.S. in Chemical Engineering, University of Houston.
Member of the United Way, Air and Waste
Management Association, and American Institute of
Chemical Engineers. (Large commercial) (9-10-01)
Wholesale Raw or Treated water
Pete Anaya, P.E.
City Manager, City of Alice. Oversees the Alice
Water Authority. B.S. in Civil Engineering,
University of Texas at Austin. Member of the
Alice/Jim Wells County Master Planners, Alice
Economic Development Council and the Chamber of
Commerce. (Wholesale raw water) (2-06-02)
JimN~smi~
Manager/District Engineer, San Patricio Municipal
Water District. M.S. in Hydraulic and Sanitary
Engineering and Bachelor's in Civil Engineering,
Comell University. Member of the American Water
Works Association, the American Society of Civil
Engineers and the Portland Rotary Club. (VFholesale
treated or raw water) (2-06-02)
Military Facilities
Capt. Paula Hinger
Commanding Officer, Naval Air Station Corpus
Christi. B.S. in Medical Technology, University of
Florida; Aviation Officer Candidate School,
Pensacola, FL; Master's degree fi.om Naval War
College. (Military facility)(8-06-02)
Landscaping/Horticulture/Nursery
James Gill
President, Gill Landscaping Nursery. Member of the
Texas Certified Nursery Professional Board.
(Landscaping) (10-$0-01)
Jim Parker
President, Parker Landscaping Company. B.B.A.
from North Texas State University. (Landscaping)
(10-24-01)
W. Michael Womack
County Extension Agent ~ Horticulture, Texas
Cooperative Extension (Nueces County). M.S. in
Floriculture, University of Florida. Member of the
National Association of County Agricultural Agents.
(tlortlcatture) (11-13-01)
lO-08-02.wpd, p. 12
Citizen at Large
Douglas R. Duma
Jane H. Stanford, Ph.D.
Center Director, University of the Incarnate Word
(Del Mar campus). Holds a Master's degree in Public
Administration. Member of the Rotary International
Club. Has received numerous personal and unit
awards during Coast Guard career. (Citizen at Large)
a-SO-02)
Consultant, Strategic Management Solutions. Serves
as an adjunct professor at Texas A&M - Corpus
Christi. Ph.D. in Organization Theory and Strategic
Management and an M.B.A. Current member of
Leadership Corpus Christi Class XXX, the Chamber
of Commerce and the Hispanic Chamber of
Commerce. (Citizen at Large )(1-29-02)
lO-08-02.wpd, p. 13
ETHICS COMMISSION - Three (3) vacancies with three-year terms to 10-01-05.
(Appointed by two-thirds vote of the full Council)
DUTIES: In addition to having jurisdiction of complaints involving any "city official", the
duties of this commission are to prepare and publish pamphlets and other materials
explaining the duties of individuals subject to the code of ethics; review all statements and
reports filed with the city; annually review the code of ethics and make appropriate
recommendations to the city council; review all public opinions related to the code of ethics
that are issued by the city attorney; prepare and disseminate a report listing all campaign
contributions and expenditures for each candidate within 30 days following the deadline for
filing the last campaign finance reports for each city council election. The commission shall
have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any
three (3) members may call a meeting provided that reasonable notice is given to each
member.
COMPOSITION: Nine members appointed by a two-thirds vote of the full council.
Nominations are to be solicited from a wide variety of professional and community
organizations in the city but interested individuals may also submit their names for
consideration. Initially, the terms of three members shall be one year, and the initial terms
of another three terms shall be two years. The persons having such shorter terms shall be
determined by lot. No holding over is permitted except as expressly provided in the code of
ethics. The commission shall elect a chairperson and a vice-chairperson.
MEMBERS TER~.
ORIGINAL
APPTD. DATE
* Garry Bradford, Chairman
Rev. Dr. Raymond Kiser
** Rev. Derrick Reaves
** Fred Haley
Harold R. Fredrickson
Eduardo Hinojosa
Captain Craig Reynolds
Herbie Garcia, Jr.
Gloria Perez
10-01-02 4-28-98
10-01-03 11-09-99
10-01-02 10-12-99
10-01-02 11-14-00
10-01-04 10-09-01
10-01-03 8-12-97
10-01-04 6-13-00
10-01-04 3-13-01
10-01-03 11-09-99
* Not seeking reappointment
** Seeking reappointment
ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Rev. Derrick Reaves 5 2 40%
Fred Haley 5 2 40%
10-08-02.wpd, p. 14
OTHER INDMDUALS EXPRESSING INTEREST
Kevin Betts
Executive Director, Trinity Towers Retirement
Community. Associate's degree from Columbus State
College. Certified Assisted Living Manager in Texas.
(6-15-01)
Jack Gordy
Retired military. High school graduate plus one year
at Del Mar College. (5-22-01)
Charles Irwin
Retired Professor of Management, Texas A&M-
Corpus Christi. Ed.D., Business Administration.
Served as the Campus Ethics Advisor for TAMU-CC.
Volunteer activities include serving as Civic Club
President and former President of Pharaoh Valley
Neighborhood Association. (7-03-01)
Roy Martinez
Letter Carrier, U.S. Postal Service. Member of
American Legion, G.I. Forum, Disabled American
Veterans, and National Association of Letter Carders.
Has been recognized by the Postal Service for
customer service. (11-02-99)
Nancy Glenn Reynolds
Assistant Professor in the College of Educalion, Texas
A&M University - Corpus Christi. Doctorate of
Education from Baylor University; M.S. in Education
Administration & Foundations, Illinois State
University. Created and now directs the ASCENT
program for non-traditional students. Serves on the
committee that is writing the new state-mandated test
for teacher certification. (9-25-02)
Michelle Thomas
Injury Prevention Coordinator, Driscoll Children's
Hospital. B.S. in Kinesiology/Health Education,
Texas A&M University- Corpus Christi. Community
and professional activities include: Vice-Chair,
Corpus Christi Youth Alcohol Awareness Coalition;
charter member of Safe Communities; member of
Coastal Bend Regional Advisory Council on Travel.
Recipient of the 2001 Texas Department of Health
EMS Citizen Award for developing the Keep Your
Kids Safe (KYKS) program. (8-22-02)
A.N.M. Waheeduzzaman
Associate Professor of Marketing, Texas A&M-
Corpus Christi. Ph.D. in Business Administration,
Kent State University; M.B.A. in International
Business, George Washington University; B.A. in
Marketing, Dhaka University, Bangladesh. Recipient
of Distingnished Teacher Award from the University
lO-08-02.wpd, p. 15
Elaine A. Yellen
of New Haven. Member of the American Marketing
Association, Academy of International Business and
Alpha Mu Alpha (AMA honor society). (9-28-01)
Assistant Professor of Nursing, Texas A&M
University-Corpus Christi. Ph.D. in Nursing. Active
volunteer with St. Bartholomew's Church. Member
of Texas Nurses Association - local chapter. (9-20-01)
10-08-02.wpd, p. 16
f. PARK AND RECREATION ADVISORY COMMITTEE - One (1) vacancy with term
to 8-23-03.
DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation
areas and centers and other grounds under its purview by the City Manager.
COMPOSITION: Eleven (11) members appointed by the City Council, who are residents
of the City and serve without compensation for a two-year term beginning August 23, or until
their successor is appointed. The Board elects its Chairman.
MEMBERS. TERM
ORIGINAL
APPTD. DATE
Sandra Billish, Chairman 8-23-04 9-14-99
Rome Gregorio, Vice-Chairman 8-23-04 8-22-00
Anne Baker 8-23-03 9-14-99
* Robert Anderson 8-23-03 8-21-01
J. Bradley Clarke 8-23-03 8-21-01
Billy Olivarez 8-23-03 3-25-97
Gerardo Alvarez 8-23-03 1-26-99
Maria A. Ramos 8-23-04 2-12-02
Patricia Pefia 8-23-03 7-09-02
Davie Cissna 8-23-04 8-20-02
Dorrinda Garza 8-23-04 8-20-02
* Has exceeded the number of absences allowed by ordinance
INDIVIDUALS EXPRESSING INTEREST
Clifford E. Bost
Assistant Public Information Officer, Texas
Department of Transportation. B.A. in
Communication, TV/Fill from Texas A&M
University - Corpus Christi. Community activities
include: Cubmaster P-11 for Boy Scouts of America
(BSA), President of Coastal Bend Top Soccer,
Chairman of the Planning Advisory Committee for
Nueces County MHMR. Recipient of the Texas Dept.
of Protective and Regulatory Services Foster Parent of
the Year Award and the BSA District Award of Merit.
(S-06-02)
John E. Dunn
Retired civil servant (GS 13). Professional and
community activities include: Mayor's Council on
Senior Citizen Affairs, former member of Park and
Recreation Advisory Committee and ACOA member.
Special recognitions include: Chairman of the Human
Relation Council for Defense Communication Agency
in Washington, D.C. and President of the National
10-08-02.wpd, p. 17
Kevin Ferrau
Gregory T. Perkes
James Robbins
William James Shack
Michelle Thomas
Tommy E. Watson, Jr.
10-08-02.wpd, p. 18
Association of Government Engineers. (7-25-01)
Asset Manager, Citgo Refining and Chemicals.
M.B.A. fiom Pepperdine University, B.S. in Chemical
Engineering from California State Polytechnic
University. Community activities include the
following: Padre Soccer League board member,
director of player development and coach; City of
Corpus Christi Recreation Depamnent volunteer
league player. (3-08N02)
Principal Attorney, The Perkes Law Firm. J.D. from
St. Mary's University and B.A. from U.T. Austin.
Professional and community involvement include the
following: Secretary and Editorial Board member for
Corpus Christi Lawyer Magazine, course director for
the Annual Civil Appellate Law Seminar, Leadership
Corpus Christi graduate XIX, sergeant-at-arms of the
Downtown Rotary Club, YMCA Teen and Outreach
Services and the Texas Family Business Scholarship
Foundation. Recipient of the American Jurisprudence
Award in Contract Law. (6-27-02)
Retired pilot and air traffic controller. Certification in
Ministry, Howard Payne University; A.A.S. in Mid-
management and Communications, North Lake
College, Irving, Texas. Activities include: Volunteer
chaplain at Bay Area Hospital, and church missions
(Brazil, Costa Rica, Turkey, Viet Nam, Peru and E1
Salvador). ($-10-02)
Employed as a cook. Attended W.B. Ray High
School. (12-27-00)
Injury Prevention Coordinator, Driscoll Children's
Hospital. B.S. in Kinesiology/Health Education,
Texas A&M University- Corpus Christi. Community
and professional activities include: Vice-Chair,
Corpus Christi Youth Alcohol Awareness Coalition;
charter member of Safe Communities; member of
Coastal Bend Regional Advisory Council on Travel.
Recipient of the 2001 Texas Department of Health
EMS Citizen Award for developing the Keep Your
Kids Safe (KYKS) program. (8-22-02
Self-employed business owner for over twenty years.
Community activities include: Nueces County
Animal Control Board, Nueces County Parks Board,
moderator for the Friday Morning Club and Buc
Parade official. Recipient of the Rotarian of the Year
Award from 1998-99. Currently serving on the Food
Service Advisory Committee - willing to resign if
appointed. (7-25-02)
10-08-02.wpd, p. 19
3
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for part time security workers
for the Convention Center Facilities in accordance with Bid Invitation No. BI-0138-02 with
Southern Security Company, Corpus Christi, Texas, based on low bid for an estimated annual
expenditure orS115,625. The term of the contract shall 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 by Convention Center and
Coliseum in FY 02-03.
BACKGROUND:
Purpose:
This supply agreement will provide part time security workers at
the Convention Center and the Coliseum. These security workers
will supplement the four City employees who presently provide
around-the-clock building security at the Convention Center and
will provide security services for events held at the Convention
Center and the Coliseum.
Previous Contract:
The option to extend the previous contract has been exercised,
requiring the City to issue new bid invitations.
Bid Invitations Issued:
Fourteen
Bids Received:
Three
Price Analysis:
Pricing has remained stable since the last bid of 1999.
Award Basis: Low Bid
Funding:
Convention Center
~ ~ ~ Coliseum
Michael Barrera,
Procurement and General Services Manager
530000-4710-13600
530000-4710-13620
Total
$147,540
23,672
$171,212
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
September 26, 2002
Bid Invitation No. BI-0138-02
Part-Time Security Workers for Convention Center
Estimated 12,500 Hours
BIDDER
UNIT PRICE
TOTAL
Southern Security
Corpus Christi, Texas
$9.25
$115~625.00
Eddie Garza Security
Corpus Christi, Texas
9.40
117,500.00
Horacio Ortiz Security
Corpus Christi, Texas
10.75
134,375.00
4
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving a supply agreement with Dell Financial Services,
Round Rock, Texas for lease of approximately 600 personal computers, in accordance with the
State of Texas cooperative purchasing program for an estimated three year expenditure of
$1,423,782. The term of the contract 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 by the using departments in FY02-03 and
will be requested for all subsequent budget years.
Purpose:
The term of the lease will be for thirty-six months. This lease contract will
provide approximately 550 desktop computers and 50 laptops to be ordered by
various departments throughout the year. It will allow the City to upgrade
approximately one third of its total inventory of computers over the twelve
month contract period.
The decision to lease computers was influenced by an ongoing trend in the
overall inventory of PC's owned by the City. The stock of PC's currently in
service is becoming older and the PC's are requiring a higher amount of
maintenance to keep them operational. This lease contract will provide a thirty-
six (36) month warranty, which will minimize the repair and labor cost of
maintaining an antiquated PC inventory. When PC's are replaced, the City has
previously had a difficult time disposing of the used computer equipment. In
order to offset this trend, the City is initiating a lease program that will guarantee
PC's will be upgraded every three years. At the end of the three year lease, the
contractor will take back the used equipment, eliminating the disposal issue. This
recommendation initiates a Citywide lease program that will ensure employees
have the most current technology available.
Over the past year, the City has analyzed PC procurement and functionality mad
has also developed standard PC specifications. The Dell GX-260 has been
chosen as the standard desktop unit and the Dell C-840 is the City's
recommended laptop selection. Presentations have been made to the IT
Hardware Subcommittee by Compaq, Dell, Gateway and IBM. Dell is a
frontrunner in the industry. They not only provide a very reliable PC but have
also hosted training sessions for City technicians to obtain the knowledge and
skills necessary for Dell Certification. Dell offers the City expedited service and
the City can requisition parts directly from the manufacturer. Dell also maintains
licensing records for all software purchased from them.
Prior Council Action
June 11, 2002 - Motion No. M2002 - 161 authorizing the City
Manger to enter into a three year master lease with Dell Financial
Services for 70 personal computers.
Award Basis:
State of Texas Cooperative Purchasing Program - Qualified
Information Systems Vendor.
Funding:
Monies are budgeted in the 520100 expense account ( minor
computer equipment) of the various operational budgets of the
requesting departments.
Various City Departments -520100 FY(02-03) $827,041.67
The PC's will be ordered on a monthly basis as requests for PC
replacements are received by the MIS department. The price for
each desktop is $1,488, scheduled as a monthly lease payment of
$51.15. The price for each laptop is $2,981, scheduled as a
monthly lease payment of $102.46. The cost for the software
license is $319 scheduled as a monthly lease payment of $I0.49.
At the end of the fiscal year, if all 550 desktops and all 50 laptops
are ordered, the monthly lease payment will be $39,549.50 or
$474,594 annually, with a three year cost of $1,423,782. Annual
funding will be requested during each of the following budget
years. The ongoing contract is contingent upon all future budget
appropriations.
Dell Marketing, LP.
One Dell Way, Building 8, Box 8747
Round Rock, TX 78682
Municipal Master Agreement:
16~2~
Lessee Legal Name: Corpus Christi, City of
Dear Customer. This Municipal Master Lease ('Master Lease') is written in simple and easy to reed language.
Please read this Master Lease thoroughly end feet free to ask us any questions you may have about it. The words
YOU and YOUR refer to the Lessee. The words WE, US, and OUR refer to the Lessor, Dell Marketing, L.P.
MASTER AGREEMENT. The terms of lhis Agreement are master terms which may be incorporated into, and
constitute a part of, one or more Schedules between us and you. Each Schedule will constitute a separate,
assignable Lease Agreement which incorporates the terms of this Master Lease. When the term 'Lease' is used
in this Master Lease, it will mean each Schedule individually, together with the terms of this Master Lease. This
Master Lease and each Schedule is a complete and exclusive statement of our Agreement concerning the
Schedule. -
IMPORTANT: FOR THE SAKE OF CLARITY, PLEASE DISTINGUISH BETWEEN THE TERMS AND
CONDITIONS APPLICABLE TO THE LEASING TRANSACTION (AS STATED IN THIS MASTER LEASE AND
EACH SCHEDULE) AND THE TERMS AND CONDITIONS THAT GRANT WARRANTY RIGHTS IN
CONNECTION WITH THE MANUFACTURE AND SALE OF THE EQUIPMENT (AS STATED IN DELL'S SERVI(
AGREEMENT). THE LEASING RIGHTS AND OBEGATIONS PROVIDED IN THIS MASTER LEASE AND EACl-
SCHEDULE ARE NOT AFFECTED BY THE ORAL STATEMENTS OR REPRESENTATIONS OF THE
MANUFACTURER'S SALES FORCE.
TERMS'CONDITIONS:
1. LEASE AGREEMENT; PAYMENTS: We agree to lease to you and you agree to lease from us the
Equipment ('Equipment') listed on any Schedule entered into by beth of us. You promise to pay us the
Lease payments shown on any Schedule according to the terms of the Schedule~
2. GENERAL TERMS; EFFECTIVENESS: You agree to all the ten-ns and conditions of this Master Lease and
each Schedule. The Equipment will not be used for pemonal, family or household purposes. If the cost or
taxes vary from the estimate, you agree that we may adjust the Lease payment and/or (Purchase) Option
Price accordingly upward or downward up to twenty percent (20%). You acknowledge receipt of a copy of
this Master Lease and each Schedule and acknowledge that you have selected the Equipment covered by
each Schedule. This Master Lease will be effective as of the Effective Date set forth below. INDIVIDUAL
SCHEDULE(S) WILL COMMENCE ON THE EARLIER OF THE DATE SPECIFIED ON EACH SCHEDULE
OR THE DATE YOU ACCEPT THE EQUIPMENT. UNLESS YOU NOTIFY US OF YOUR REJECTION OF
THE EQUIPMENT BEFORE SUCH TIME, THE EQUIPMENT SHALL BE DEEMED ACCEPTED BY YOU
SEVEN (7) BUSINESS DAYS AFTER THE DATE OF SHIPMENT, SUBJECT TO ANY RIGHT OF RETURN
PROVIDED BY THE MANUFACTURER. You appoint us as your attorney-in-fact for the sole purpose of
executing, delivering and recording financing statements on your behalf to show our interest in the
EquipmanL You agree that weare authorized without notice to you, to supply missing information or correct
obvious errors in this Master Lease and any Schedule. Any security deposit you have given us may be used
by us to cover any costs or losses we may suffer due to your default of any Lease. The security deposit is
refundable upon expiration of the Lease, provided all Lease terms and conditions have been performed.
3. LATE CHARGES; OTHER CHARGES: If any payment is not made when due, you agree to pay a late charge
at the rate of ten percent (10%) of such late payment and each month thereafter, a finance charge of one an(
one-half percent (1.5%) on any unpaid delinquent balance. You also agree to pay a documentation fee of $0.
4. RENEWAL: Unless the Schedule has a $1.00 purchase option, after the original term of a Schedule expires,
the Schedule will automatically renew for successive one (!) month terms unless you send us written notice
' that you do not want it to renew at least sixty (60) days before the end of any term.
5. EQUIPMENT OWNERSHIP: Title to the leased Equipment shall not pass to you unless and until you
exercise a purchase option and make the required pumhase payment. You agree to keep the Equipment
free from liens and en~_~mbrances.
Lessee: please initial her~/0 ~ to certify that you have received and read this page.
Revision: 08/24/01 / Page I of 5
Reference: 11053485
,~. NO WARRANTIES: WE ARE LEASING THE EQUIPMENT TO YOU 'AS IS', WITH NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. We assign to you for the term of this Master Lease and each Schedule any
transferable manufacturer or supplier warranties. Neither us, nor any of our assignees, are liable to you for
any breach of those warranties; such warranties being the sole covenant and obligation of the Equipment
manufacturer or supplier. You agree that upon your acceptance of the Equipment, you will have no set-offs o~
. counter-claims against us.
For the sake of clarity, please distinguish between the general obligations of the manufacturer in connection
with the sale and performance of the Equipment, and the limited obligations of us, as lessor, as stated in this
Master Lease and each Schedule. Claims connected to the Equipment's performance must be addressed by
you directly with the Equipment manufacturer or supplier, separate and agart from the leasing relationship,
and you may not withhold lease payments dudng the pendency of such claims.
7. MAINTENANCE; USE; INSTALLATION: you are responsible for installation and maintenance of, and for any
damage to, the EquipmenL You must maintain and use the Equipment in compliance with all laws and
regulations. If the Equipment malfunctions, is damaged, lost or stolen, you agree to continue to make all
payments due un-der this Master Lease and each Schedule.
8. EQUIPMENT LOCATION: You will keep the Equipment only at the address shown on the Schedule and you
will not move it from that address unless you get our prior ~vritten consent.
9. INSURANCE: Until a Schedule is paid in full and the Equipment has bccn returned to us, you certify that you
are self-insured or you will: (a) keep the Equipment insured for its full replacement value against all types of
loss, including theft, and name us or our assignees as loss payee; and, (b) provide and maintain an
acceptable general public liability insurance policy. If you do not provide us with acceptable evidence of
insurance, we may, but will have no obligation to, obtain insurance for you and add a charge to your monthly
payment which will include the premium cost and related costs.
10. RISK OF LOSS: You shall bear the entire risk of loss with respect to any Equipment damage, destruction,
less or theft. No event of loss shall relieve you of your obligation to make rental payments under this Lease.
If any item of Equipment is damaged you shall promptly notify us and, at your expense, within thirty (30)
days of such damage, cause all necessar~ repairs to be made to return the Equipment to its previous
condition. In the event of the condemnation, taking, loss, destruction, theft or damage beyond repair of such
Equipment, you shall promptly notif~ us and on the next rental payment date pay to us an amount equal to
the sum of (a) all past due rents and other past due amounts, (b) the present value of the sum of all remainin(
unpaid rental payments due or to come due under the Lease during the term, discounted at the interest rate '
implicit in the Lease, less one (1%) percent, plus (c) the amount of our booked Lease end residual value:
Upon our receipt of such payment in full, we shall transfer title to the affected Equipment to you, AS IS,
WHERE IS, WITHOUT ANY WARRANTY OF ANY KIND, free and clear of all liens, claims and
encumbrances.
11. LIABIMTY: WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES TO YOU OR ANY THIRD
PARTIES CAUSED BY THE EQUIPMENT OR ITS USE. You agree to reimburse us for, and to defend us
against, any claims for losses or injuries caused by the Equipment and any costs or attorney fees relative to
those claims.
12. TAXES; PERSONAL PROPERTY TAX FEES: You agree to pay us all personal property taxes assessed
against the Equipment and a related administration fee or at our sole election we may opt to charge you a
liquidated periodic personal property tax fee. In addition we may charge you a one time personal property tax
fee prior to lease terminatien to offset any potential assessed or pending personal property tax exposure.
You agree to reimburse us for applicable sales and/or use tax and all other taxes, fees, fines and penalties
which may be imposed, levied or assessed by any federal, state or local government or agency which relate
to this Master Lease and each Schedule, the Equipment or its use. Fines and penalties will be limited to any
incurred as a result of your failure to act in accordance with federal, state and local tax laws and codes
and/or the terms of this Lease. You agree to reimburse us for reasonable costs incurred in collecting or
paying any taxes, assessments, charges, penalties or fees.
Lessee: please initial here ~ to certifl/that you have received and read this page.
Revision: 08/24/01 ~ Page 2 of 5
Reference: 11053485
'13. ASSIGNMENT: YOU MAY NOT SELL, PLEDGE, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT
OR THIS MASTER LEASE OR ANY SCHEDULE. We may sell, assign or transfer ail or any part of this
Master Lease, any Schedule and/or the Equipment. The new owner will have the same rights that we have,
but you agree you will not assert against the new owner any claims, defenses or set-offs that you may have
against us or any supplier. You agree that any assignment will not materially affect your rights and benefits
under this Master Agreement or any Schedule.
14. DEFAULT; DAMAGES: If you (a) fail to make any Lease payment when due or (b) become insolvent or
commence bankruptcy or receivership proceedings or have such proceedings commenced against you, or (c'.
terminate your existence by merger, consolidation, sale of substantially all your assets, or (d) default under
any other agreement you have with us or our affiliates, or (e) otherwise breach any provision of this Master
Lease or any Schedule, we may accelerate the remaining balance due on this Master Lease and any
Schedule and demand the immediate return of the Equipment to us. If you do not retum the Equipment to us
within ten (10) days of our notice of your default, you will also pay a liquidated Equipment charge equal to the
anticipated Lease-end residual value'of the Equipment. We may also use any remedies available to us unde~
the Uniform Commercial Code or any other applicable law. You agree to pay our attorney's fees at twenty-fiv~
percent (25%) of'the amount you owe, plus ail actual costs, including ail costs of any Equipment
repossession. You waive any notice of our repossession or disposition of the Equipment. By repossessing
any Equipment, we do not W~ive our dght to collect the balance due on any Lease. We will not be
responsible to you for any consequential or incidental damages. Our delay or failure to enforce our rights
under this Master Lease and each Schedule will not prevent us from doing so at a later time.
15. CHOICE OF LAW; JURISDICTION; VENUE; NON-JURY TRIAL: You and any guarantor agree that this
Agreement end each Schedule will be deemed fully executed and performed in the State of Texas and will be
governed by Texas law; however, in the event that we sell or assign this lease to another party, you agree the
lease will be construed in accordance with the laws of the state in which such third party maintains its
principal place of business. YOU AND ANY GUARANTOR ALSO EXPRESSLY AGREE TO: (a) BE
SUBJECT TO THE PERSONAL JURISDICTION OF THE STATE BY WHOSE LAWS THIS LEASE IS TO BI:
CONSTRUED, (b) ACCEPT VENUE IN ANY FEDERAL OR STATE COURT IN SUCH STATE, AND (c)
WAIVE ANY RIGHT TO A TRIAL BY JURY. Any charge in the Agreement and each Schedule charge which
exceeds the amount allowed by law shall be reduced to the maximum allowed.
16. FINANCE LEASE; AMENDMENTS: THIS MASTER AGREEMENT AND EACH SCHEDULE IS A 'FINANCE
AGREEMENT' UNDER THE UNIFORM COMMERCIAL CODE AS ADOPTED IN MICHIGAN ('UCC'). THIS
MASTER AGREEMENT AND EACH SCHEDULE MAY NOT BE AMENDED EXCEPT BY A WRITING WHICt
WE HAVE SIGNED. YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES YOU MAY HAVE UNDER UCC
2A-508 THROUGH 2,4-522, INCLUDING ANY RIGHT TO: (a) CANCEL THIS MASTER AGREEMENT AND
EACH SCHEDULE; (b) REJECT TENDER OF THE EQUIPMENT; (c) REVOKE ACCEPTANCE OF THE
EQUIPMENT; (d) RECOVER DAMAGES FOR ANY BREACH OF WARRANTY; AND (e) MAKE
DEDUCTIONS OR SET-OFFS, FOR ANY REASON, FROM AMOUNTS DUE US UNDER THIS MASTER
AGREEMENT AND EACH SCHEDULE. IF ANY PART OF THIS MASTER AGREEMENT AND EACH
SCHEDULE IS INCONSISTENT WITH UCC 2A, THE TERMS OF THIS MASTER AGREEMENT AND EACH
SCHEDULE WILL GOVERN.
17. EQUIPMENT RETURN: If you do not exercise the Lease End Purchase Option at the end of any Schedule
term, as extended or renewed ("l'erminatlen Date'), you will immediately crate, insure and ship the
Equipment, in good working condition, to us by means we designate, with all expenses to be prepaid by you.
If you fail to return the Equipment to us as agreed, you shall pay to us the regular Lease payments each
month from the Termination Date until the Equipment is retumed. You will be responsible for any damage to
the Equipment dudng shipping.
18. PURCHASE OPTION: If you are not in default, you may at any t~me with sixty (60) days prior written notice
purchase all (but not less than all) the Equipment for a price equal to the sum of all remaining payments to
come due during the term (if any) plus the Lease End Purchase Option price indicated on Schedule A plus
any applicable sales taxes and fees. You must give us sixty (60) days advance written notice of your intent
to exercise this option unless the purchase is being made at the end of the term and the purchase option is
$1
Lessee: please initial here ~j~'- to certify that you have received and read this page.
Revision: 08/24/01~-- Page 3 of 5 Reference: 11053485
19. REPRESENTATIONS & WARRANTIES: You represent and warrant to us that: (a) you are a duly organized
public body corporate and politic with full power and authority to enter into and perform your obligations under
this Master Lease and each Schedule; and that this obligation issued on your behalf is within the meaning of
Sectio~ 103 of the Internal Revenue Code of 1986 (the 'Code'); (b) ail necessary actions of your goveming
body have been taken and all necessary procedures have been complied with to give full effect to the
execution, delivery and performance of this Master Lease and each Schedule; (c) this Master Lease and
each Schedule is valid, binding and enforceable according to its terms; (d) you have, in accordance with all
applicable laws, budgeted and appropriated sufficient funds to make ail lease payments and meet ail of your
other obligations for the current fiscal year and such funds have not been expended for other purpose; (e) yo~
will do ail things lawfully within your power to obtain and maintain funds for payment of the lease payments
(including providing for such payments in each budget or appropdatico request submitted and adopted), to
have such porUons of budgets or appropriation requests approved, and to exhaust ail available reviews and
appeals in the event such portion of any budget or appropriation request is not approved; (f) you have
complied with ail public bidding requirements applicable to this Master Lease and each Schedule and the
acquisition of the Equipment; (g) you have provided financial information and other statements to us which
are accurate an~ correct; (h) upon our request, you will annually provide current financial statements,
budgets;, proofs of appropriation and other financial information relating to your ability to continue this Master
Lease a~,d each Schedule; (i) the Equipment will be used only byyou and only to perform essential
govemmentaJ or proprietary functions consistant with the permissible scope of your authority;, (j') you agree
that you will timely file a Form 8038-GC (or, as necessary, Form 8038-G), or any revised or renumbered form
with the Intemai Revenue Ser~c,e in accordance with Section 149(e) of the Code and the Regulati°ns
thereunder, and you agree to appoint us as your Agent for the purpose of maintaining a book entry system
as required by Section 149(a) of the Code. The person executing this Master Lease and each Schedule
warrants that he or she possess the requisite and necessary authority and authorization to execute same on
your behalf.
20. NON-APPROPRIATION: If you (a) are not ailetted funds for the next fiscal year to continue leasing the
Equipment; (b) have no funds for the purchase, lease or rental of equipment performing similar functions to
lhose performed by the Equipment; and (c) have no funds from any other sources (collectively, a
'Non-appropriation'), then you may terminate this Master Lease and each Schedule at the end of the
then-current fiscal year, and you will not, in the sole event of Non-appropriation, be obligated to make
payments beyond the end of the then-cun'ent fiscal year, except that you will be obligated, to retum the
Equipment to us at your sole expense. In the event of Non-appropriation, you will furnish to us upon request
an opinion of your counsel which explains the basis of the Non-appropriation, together with appropriate
documentation evidencing the Non-appropriation. If, within one (1) year after termination for
Non-appropriation, you appropriate funds to pumhase, lease or rent equipment performing functions similar to
those performed by the Equipment, then it will be conclusively deemed that monies have been appropriated f¢
the continuance of the Lease and, at our sole option, this Master Lease and each Schedule may be
. automatically reinstated.
21. NON-SUBSTITUTION. To the extent permitted by law, you agree that if this Master Lease and each Schedul,
is terminated for Non-appropriation, you will not purchase, lease or rent equipment performing functions simile
to those performed by the Equipment for a period of one (1) year after termination date; This Section shall
remain in full force and effect notwithstanding any termination of this Master Lease and each Schedule.
22. SAVINGS. If any provision of this Master Lease and each Schedule is unenforceable, invalid or illegal, the
remaining provisions will continue to be effective. You will not be required to payand we will not be permitted
to collect any amount in excess of the maximum amount of interest permitted by law ('Excess Interest'). If
any Excess Interest is provided for or determined to have been provided for under this Master Lease and eact
Schedule, then: (A) this subsection shall govern and control; (B) you will not be obligated to pay any Excess
Interest; (C) any Excess Interest that we may have received hereunder shall be, at our option (1) applied as a
credit against the outstanding lease payment obligations (not to exceed the maximum amount permitted by
law), (2) refunded to you, or (3) any combination of the foregoing; (D) any interest rate(s) provided for herein
shall be automatically reduced to the maximum lawful rate allowed under applicable law, and this Master
Lease and each Schedule shall be deemed to have been, and shall be, reformed and modified to reflect such
reduction; and (E) you will not have any action against us for any damages arising out of the payment or
collection of any Excess I~[terest.
Lessee: please initial here_,/_~ to certifl/that you have received and mad this page.
Revision: 08/24/01 ~v.., Page 4 of 5 Reference: 11053485
23. PURCHASE ORDERS: You may use purchase ordem in lieu of Equipment Schedules provided lhat such
purchase order(s) provide that they are issued pursuant to this Master Agreement and contain at least ail of
the information that would be contained in an Equipment Schedule executed hereunder. Such information
includes, but is not limited to, the lease term, quantity, model number, equipment description, serial number
(if required), monthly lease payment, and any other monetary obligations. Any terms and co~ditions
contained in any purchase order to be used in lieu of an Equipment Schedule shall not apply and the only
terms and conditions which are applicable are those cOntained in the Master Agreement. Moreover, the
terms and conditions of this Master Agreement are incorporated into and become a part of each purchase
order to be used in lieu of an Equipment Schedule.
24. FAX EXECUTION PROVISIONS: At our election, we may accept a fax transmission of this Master Agreemen-
and/or Schedule. If we accept a fax transmission, the fax version of this Master Agreement and/or Schedule,
as received by os, shail constitute the original Master Agreement and/or Schedule and shall be binding on
you as if it were manually signed. We may treat and rely upon any fax version of this Master Agreement
and/or Schedule as the original. However, no fax version of the Master Lease Agreement and/or Schedule(s)
shall become effective and binding against us until manually signed by us in our Michigan offices. If you elect
to sign aad transmit this Master Agreement and/or Schedule by fax, you waive notice of our acceptance of
this Master Lease Agreement and/or Schedule and waive receipt of the accepted Master Agreement and/or
Schedule.
(Lessee) (Lessor)
Corpus Christi, City~
Authorized Signer./
Print Name:
Title:
Date:
Dell Marketing, LP.
~ . Authodzed Signer:
.~"~. J ' ' 0 Date:
/~proved as to form:
James R. Bray Jr
City Attorney
Assistant City Attorney
Revision: 08/24/01 Page 5 of 5 Reference: 11053485
AMENDMENT TO MUNICIPAL MASIEK LEASE AGREEMENT
This Amendment d*~,~l the day of ,2002
The City of Corpus Christi ("You" and "Your") and Dell Marketing, LP. (''We', "Us", and "Our") eatered
into Municipal Master Lease Ag~emem No. 1666209 dated , (the "Master Lease") and
hereby agree to amend the terms of the Master Lease as provided herein.
1. The third sentence in Pmagraph 2 (General Terms; Effectiveuess) is hereby deleted in its entirety.
2. Th~ words "SEVEN (7) DAYS" are hereby deleted and ~Ptaeed with "1'11~ l EEN (15) DAYS" in
the seventh sentence in Paragraph 2 (General Terms; Effectiveness).
3._ The ninth, tenth and eleventh sentences in Paragraph 2 (General Terms; Effectiveness) are hereby
- deleted in their entirety.
Paragraph 3 (Late Charges; Other Charges) is hereb3 deleted in its entirety and replaced as
follows:
"You agree to pay interest for overdue payments as follows: A payment is considered overdue en
the 31 ~ day after the later of.' ( 1 ) the date you receive the goods under the contract, (2) the date the
performance of the service under the Lease is completed, or (3) the date you receive an invoice for
the goods or services. A payment b~ns to accrue inter~t on the date the payment is overdue.
You agree to pay interest on overdue payments at the rote of one percent (1%) each month.
Interest on overdue payments stops accruing on the date you mail or eleetrenically tntusmit the
payment.'
5. Subsections (a), Co) and (c) of Paragraph 10 (Risk of Loss) are hereby deleted in their entirety and
replaced as follows:
"(a) aH past due vats and other past due amounts for such Equipment, Co) the present value of the
sum of aH remaining unpaid rental payments due or to come due under the Lease for such
Equipment dm-ing the term, discounted at the interest rate implicit in the Lease, less one percent
(1%), plus (c) the amount of our booked Lease end residual value for such Equipment."
6. The following is hereby inserted at the be~nning of the second sentence in Paragraph 11
(Liability): "To the extent permitted by law,".
7. Paragraph 14 (Default; Damages) is hereby deleted in its entirety and replaced with the following:
"If yon (a) fail to make any Lease payment wiflai. ~ (15) days of its due date, and such
failure confnucs for fifteen (15) days after we give you written notice of such non-payment, or
become insolvent or commence bagkn~tey or receivership proceedings or have such proceedings
commenced against you, or (c) terminate your existence by merger, consolidation, sale of
substantially all your asse~s, or (d) default under ~my other agreement you have with us or our
alTlliatcs, which default r~mning UllelLr~ beyoxld ally grace period provided in such agreement, or
(e) otherwise breach any provision of this Master Lease or any Schedule, we may accelerate the
remaining balance due on this Master Lease and any Schedule and demand the immediate return
of the Equipment to us. If you do not return the Equipment ~ us within ten (10) days of our
notice of your default, you will also pay a liquidated Equipment charge equal to the anticipated
lease end residual walue of the Equipment. In the event of your default, we may also use any
remedies available to us under thc Uniform Commercial Cede or any other applicable law. In the
event of default, you agree te pay oar attorneys' fees at twenty-five percent (25%) of the amount
you owe, plus aH actual costs, including aH costs of any Equipment repossession_ In the event of
your default, you waive any notice of our repossession or disposition of the Equipment. By
12.
13.
14.
15.
16.
17.
18.
~vossassing any Equipment, we do not waive our right to collect the balance due on any Lease.
We will not be responsible to you for any eousequential or incidental d~m%oes. Our delay or
failure to enforce our rights trader this Master Lease and each Schedule will not prevent us from
doing so at a later thne."
The following is hereby deleted from the first sentence in Pasagraph 15 (Choice of La, q,
Jurisdiction; Venue; Non-Jury Trial): "however, in the event &at we sell or assign this lease to
another party, you agree the lease will be construed in accordance with the'laws of the state ~
which such third party malntail~ its principal place of busings.'
The words "AS ADOPTED IN MICHIGAN" are hereby d~letod from the first sentence in
Paragraph 16 (Finance Lease; Amendments).
The following is hereby deleted from subsection (a) in Pam~,~dh 19 (Representatiom and
Warranties): "and that this obligation issued on your behalf is within the meaning of Section 103
of the Internal Revenue Code of 1985 (the "Code");".
The following is hereby deleted fxom subsection (e) ~ Para~h 19 ~tatious and
Warranties): "and to exhaust all available reviews and appeals in tbe event such portion of
budget or appropriation request is not approved".
Subsection (j) is hereby deleted in its entirety from Paragraph 19 (Rep~s~tations and
Paxagraph 20, subsection Co) is hereby deleted in its entirety and replaced with the following.
"(b) have no funds within the department specified on the Schedule for the purchase, lea.se or
rental of Equipment performing similar functions to those performed by the Equipment; and"
The words "to continue leasing the Equipment" is hereby inset te~l following the words "have no
funds from any other sources" in subsection (c) of Para~h 20 (Non-Appropriation).
The last sentence in Paragraph 20 (Non-Appropriation) is hereby deleted in its entirety.
Pamlpaph 21 (Non-Sabsfitution) is hereby deleted in its entirety.
Paragraph 24 (Fax Execution Provisions) is hereby deleted in its entirety.
All provisions in the Master Lease not amended by this Amendment shall be in full force and
effect ns set forth in the Master Lease.
CITY OF CORPUS CHRISTI
By:. ,~'~2~ .' ,,
DELL MARKETING, L.P.
Approved as to form:
James R. Bray Jr
City Attorney
Lisa Agul[8~
Assistant City Attorney
5
AGENDA MEMORANDUM
RECOMMEDATION: Motion authorizing the City Manager, or his designee, to execute an agreement
with Cingular Wireless LLC, Atlanta, Georgia, for wireless telephone services based on the State of
Texas Cooperative Purchasing Program for an estimated annual expenditure of $251,038.20. The term of
the contract 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. This service will be
used by all City departments requiring cellular service. Funds have been budgeted by the using
departments in FY02/03.
Purpose: Wireless communications are essential for daily operations of City Government in
providing services and public safety for the community. This contract will provide
wireless service for approximately seven hundred thirty-two (732) cellular
telephones currently in service throughout the City. The plan is structured on a
"pooled" minute basis that provides an allowance of up to 266,700 minutes per
month. By pooling the estimated minutes allocated to each employee, the City can
share unused minutes among those users that may have a higher than normal
airtime bill. It provides for an increase of efficiencies in the allocation and use of
billed alrtime minutes. The home calling area covers all of South Texas and
extends from Brownsville up to San Antonio, west to Midland and east to Austin,
Houston and the East Texas border. The Dallas/Fort Worth metroplex, Abilene,
Lubbock and Amarillo are also included in the home calling area. Calls made
from the home calling area are covered under the basic airtime minutes. This plan
will cover approximately 85% of all wireless communications users. Separate
plans are available for the remaining 15% of users.
Award Basis:
The contract is awarded by the Telecommunications Services Division of the
Texas Department of Information Services (DIR) under the TEX-AN 2000 plan.
DIR is a qualified information services vendor (QISV) that operates under the
Texas Cooperative Purchasing Program.
Price Comparison:
The City currently spends, on average, $33,000 in monthly wireless
communication expenditures for approximately 200,000 airtime minutes. The
recommended plan will reduce the cost to $21,000 and allow for an additional
66,700 minutes of airtime.
Funding: Various City Departments
530200 - Telephone Services
Michae[xBarrera, ~.lS.M.
Procurement & General Services Manager
$400,000
732 Telephones
City of Corpus Christi
TEX - AN 2000 - Pricing
W~reless Communication Services
Cingular Wireless
Item Description
1 266,700 airtime minutes
poo ed plan
Unit I Price
Months
12 $20,919.85
Extension
$ 251,038.20
6
AGENDA MEMORANDUM
October 8, 2002
SUBJECT: J.C. Elliott Landfill Fence Repairs - Project No. 5137
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
in the amount of $84,895.00 with Fencing Inc. of Texas, of Corpus Christi for the J. C.
Elliott Landfill Fence Repairs Project.
ISSUE: Fencing is required to contain debds on the permitted landfill site. Repair of the
existing fencing is necessary to ensure that wind blown materials remain on site.
FUNDING: Funding is available from the Public Health and Safety Capital Improvement
Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~,~: ry K Date
Director - Solid Waste Services
/~g~l R. Escobar, P.E. ~Date
Director- Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Preliminary Budget
Exhibit C - Location Map
Exhibit D - Bid Tabulation
H:\HOME\KEVINS\GEN\LANDFILL\FENCING\^CTRAWD.M
ADDITIONAL INFORMATION
BACKGROUND: J. C. Elliott Landfill maintains a perimeter fence that is eighteen-feet (18')
high to ensure windblown debris remains within the permitted landfill. The Texas
Commission on Environmental Quality (TCEQ) (formerly TNRCC) regulations require that
landfill operators contain all waste on site. The fencing system developed by Solid Wastes
Services has become a prototype that TCEQ shares with other landfill operators as an
effective Iow-cost method of debris control.
PROJECT DESCRIPTION: The total of length of fencing to be repaired is 11,700 linear
feet (LF). Repairs consist of the removal and replacement of an 18-feet high (3 panels, 6'
wide), 2" x 4" galvanized welded wire fence. The project also includes the resetting of
sixteen (16) existing poles, replacing twenty-one (21) existing poles with new poles, and
the installation of eleven (11 ) new poles. The project includes all necessary cross poles
and hardware.
BID INFORMATION: A total of three (3) proposals were received on September 18, 2002,
with bids ranging from $84,895.00 to $129,068.00 (see Exhibit D - Bid Tabulation). The
qualified Iow bidder was Fencing Inc. of Texas, of Corpus with a bid of $84,895.00. The
engineer's estimate was $117,172. Texas Fencing is an established local company whose
principals and employees are experienced with fencing projects.
BID RECOMMENDATION: Approval of the motion as presented.
CONTRACT TERMS: The contract specifies that the project be completed first within 90
calendar days after notice to proceed with completion anticipated during January, 2003.
Exhibit "A" J
Page 1 of 2
J. C. Elliott Landfill
Fence Repairs
Preliminary Project Budget
October 8, 2002
Proiect No. 5137 PRELIMINARY ACTUAL
BUDGET BUDGET
FUNDS AVAILABLE:
120,925
Public Health and Safety Capital improvement Funds
Total I 120,925
F D D'
Construction 84,895
Construction Contingencies (15%) 12,730
Design Consultant (Arch./Engineer) 9,500
Engineering Reimbursements 6,300
Testing (Geotech & Quality Control) N.A.
Survey N.A.
Inspection 3,500
Miscellaneous Expenses (Printing, Advertising, Express, etc.) 4,000
TotalI 120,925I
Page 1 of 1
H:~HOM E\KEVINS\GEN\LAN DFILL\FENClNG\'~CONSTBU.EXC
· S CHRISTI BAY ~N~
PROJECT LOCATION
~' ,,,i~~~7 "7 I-
,
PROdECT SITE
WC~NZTY ~P
NOT TO SCALE
C~ PR~ECT NO. 5137 EXHiBiT "C"
CZTY ~UNC~L EXHiBiT
J.C. ELL~OTT FENCE REPAIRS ~ o~ ~,~
PAGE: I of 1
CI~ OF CORPUS CHRISTI, TE~S DA~: 10-08-2002
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services ENGINEER'S ESTIMATE:
DATE: Wednesday, September 18,2D02
TIME OF COMPLETION:
$117,172.00
90 Calendar Days
J.C. ELLIOTT LANDFILL FENCE REPAIRS
PROJECT NO. 5137
Fencing Inc. of Texas
P.O. Box 7005
Corpus Christi, TX 78467
Reynaldo Do Los Santos •
5746 Leopard St
Corpus Christi, TX 78408
D&C Fence Company, Inc.
8423 Leopard
Corpus Christi, TX 78409
REM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A-1
Remove existing fence and replace
with new 18' high (3 Layers, 6' Wde)
2" x 4" galvanized welded wire fence
including cross poles and hardware,
complete in place per LE.
11,700
L.F.
$6.45
$75,465.00
$9.51
$111,267.00
$9.46
$110,682.00
A-2
Remove and reset existing 25' poles,
I complete in place per EA.
16
EA.
$100.001
$1,600.00
$76.84
$1,229.44
$360.00
$5,760.00
A-3
Remove existing 25' poles and replace
with new CCA treated (0.6 pcf) poles,
complete in place per EA.
21
EA.
$250.00
$5,250.00
$76.84
$1,613.64
$435.00
$9,135.00
A-4
Install new CCA treated (0.6 pcf) poles,
complete in place per EA.
11
FA.
$230.00
$2,530.00
$76.84
$845.24
$306.00
$3,366.00
A-5
Remove existing 25' pole and dispose,
complete in place per EA.
1
EA.
$50.00
$50.00
$76.84
$76.84
$125.00
$125.00
TOTAL BASE BID $84,895.00
5115,032.16
$129,068.00
MATHEMATICAL ERROR CORRECTED. Exhibit D
Page 1 of 1
7
AGENDA MEMORANDUM
DATE: October 8, 2002
SUBJECT:
Street Resurfacing
Up River Road (IH 37 to Leopard Street)
Ayers Street (SPID to Port Avenue)
Gollihar Road (Crosstown to Kostoryz)
Bond Issue 2000 Project No. C-4
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute a construction
contract with Garver Construction of Houston, Texas, in the amount of
$2,241,537.00 for Street Resurfacing on:
· Up River Road (IH 37 to Leopard Street)
(Bond Issue 2000)
Motion authorizing the City Manager, or his designee, to execute a construction
contract with King Isles, Inc. of Corpus Christi, Texas, in the amount of
$4,981,673.00 for Street Resurfacing on:
· Ayera Street ( SPID to Port Avenue); and
· Gollihar Road (Crosstown to Kostoryz)
(Bond Issue 2000)
Motion authorizing the City Manager or his designee, to execute a testing services
contract with Rock Engineering & Testing Laboratory, Inc. in the amount of
$39,170.00 for materials testing on:
· Ayers Street ( SPID to Port Avenue); and
· Gollihar Road (Crosstown to Kostoryz)
(Bond Issue 2000)
ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package
under Proposition No. 1 Street Improvements. These construction contracts and the
testing agreement ara necessary to complete the work.
FUNDING: Funds for this project are available in the FY 2001-2002 Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
.E.
~Water
Foster C~owell,
Director of Wastewater
Director o-f Water
'~(~g~l R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tab
Exhibit "C" Project Budget
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT:
Street Resurfacing
Up River Road (IH 37 to Leopard Street)
Ayers Street (SPID to Port Avenue)
Gollihar Road (Crosstown to Kostoryz)
Bond Issue 2000 Project No. C-4
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
2. Apd124, 2001 - Motion authorizing the City Manager or his designee to execute an
engineering services contract in the amount of $519,000 with LNV, Inc. d.b.a. Smith,
Russo & Mercer for Street Resurfacing at the following sites:
· Up River Road (IH 37 to Leopard);
· Ayers Street (SPID to Port Avenue); and,
· Gollihar Road (Crosstown to Kostoryz) (M2001-160)
3. December 11, 2001 - Motion authorizing the City Manager or his designee to
execute Amendment No. 2 to an engineering services contract in the amount of
$125,950 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the
following sites:
· Up River Road (IH 37 to Leopard);
· Ayers Street (SPID to Port Avenue);
· Gollihar Road (Crosstown to Kostoryz), and
· Mission Center Sanitary Sewer Relocation
4. January 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget
for $152,674,800. (Ordinance No. 024730)
5. June 18, 2002 - Motion authorizing the City Manager or his designee to execute
Amendment No. 4 to an engineering services contract in the amount of $238,860
with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following
sites:
· Up River Road (IH 37 to Leopard);
· Ayers Street (SPID to Port Avenue);
· Gollihar Road (Crosstown to Kostoryz), and
· Mission Center Sanitary Sewer Relocation
EXHIBIT "A"
Page 1 of 4
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
4. June 22, 2001 - Administrative approval of Amendment No. 1 to the Agreement for
Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount
of $14,995 for Street Resurfacing at the following sites:
· Up River Road (IH 37 to Leopard)
· Ayers Street (SPID to Port Avenue)
· Gollihar Road (Crosstown to Kostoryz)
5. January 28, 2002 - Administrative approval of Amendment No. 3 to the Agreement
for Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount
of $2,200 for Street Resurfacing at the following sites:
· Up River Road (IH 37 to Leopard)
· Ayers Street (SPID to Port Avenue)
· Gollihar Road (Crosstown to Kostoryz)
FUTURE COUNCIL ACTION: Nothing Anticipated
PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2000. The November 7, 2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street Improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
PROJECT DESCRIPTION:
Part A - Up River Road from IH 37 to Leopard Street (Project f~6t4t)
Items of work include 1,800 SY of pavement repair, 17,812 SY of seal coat, 1,908 tons of
HMACP, 2,732 SF curb ramps, 5,650 LF 24-inch water line, 5,700 LF 8-inch water line,
2,100 LF cured in place pipe (CIPP), and 405 LF of 8-inch sanitary sewer line, including
all appurtenances as per plans and specifications.
EXHIBIT "A"
Page 2 of 4
Part B - Avers Street from SPID to Port Avenue (Project tf6142)
Major items of work include 4,230 SY of pavement repair, 34,473 SY of seal coat, 4,000
tons of HMACP, 133 SF curb ramps, 2,900 LF 16-inch water line, 1,900 LF 8-inch water
line, 3,190 LF 12-inch sanitary sewer line, 1,400 LF of CIPP and 4 each RTA bus pads,
including all appurtenances as per plans and specifications.
Part B - Gollihar Road from Crosstown Expressway to Kostoryz (Project 1~6143) -
Major items of work include 5,020 SY of pavement repair, 43,000 SY of seal coat, 5,000
tons of HMACP, 6,090 SF curb ramps, 5,300 LF 16-inch water line, 6,200 LF 8-inch water
line, 5,300 LF 12-inch sanitary sewer line, 1,425 LF 8-inch sanitary sewer line, and 11 each
RTA bus pads, including all appurtenances as per plans and specifications.
BID INFORMATION - PART A: UP RIVER ROAD (Project ~-6141)
This project consist of a base bid and one deductive alternate. The City received
proposals from three (3) bidders on September 11, 2002. (See Exhibit "B-l") The bids
ranged from:
Base Bid: $2,241,537.00 to $2,712,869.60
Ded. Alt. No1: $18,000.00 to $ 0.00
The Engineer's estimated construction cost for Part A: Up River Road (base bid only) is
$2,102,051. Garver Construction, Ltd. of Houston, Texas, was the lowest responsive
bidder. The difference between the engineer's estimate and the bid price is primarily
attributable to utility relocation costs. The combined utility capital fund is adequate to
address the overage. Therefore, the City's Consultant, LNV, Inc, d.b.a., Smith, Russo &
Memer, and city staff, recommend that based on Iow bid and past satisfactory experience,
a contract be awarded in the amount of $2,241,537.00 to Garver Construction, Ltd., for
Street Resurfacing on Up River Road from IH 37 to Leopard Street for the base bid only.
BID INFORMATION - PART B: AYERS STREET & GOLLIHAR ROAD (Projects f1{6142
& 6143)
These projects were bid together as a single project and they consist of one base bid and
two deductive alternates. The City received proposals from three (3) bidders on
September 11, 2002. (See Exhibit "B-2") The bids ranged from:
Base Bid:
Ded. Alt. No1:
Ded. Alt. No2:
$4,981,673.00 to $6,646,842.40
$ 31,725.00 to $ 423.00
$ 52,710.00 to $ 502.00
The Engineer's estimated construction cost for Part B: Ayers Street and Gollihar Road
(base bid only) is $5,166,803.70. King Isles, Inc. of Corpus Christi, Texas, was the lowest
responsive bidder. The City's Consultant, LNV, Inc, d.b.a., Smith, Russo & Mercer, and
city staff, recommend that based on Iow bid and past satisfactory experience, a contract
be awarded in the amount of $4,981,673 to King Isles, Inc. for Street Resurfacing on Ayers
Street from SPID to Port Avenue and Gollihar Road from Crosstown to Kostoryz.
EXHIBIT "A"
Page 3 of 4
CONTRACT TERMS:
The contract for:
· Part A: Up River Road specifies that the project will be completed in 450
calendar days, with completion anticipated by the end of February 2004.
· Part B: Ayers Street & Gollihar Rood specifies that the project will be completed
in 570 calendar days, with completion anticipated by the end of June 2004.
EXHIBIT "A"
Page 4 of 4
TAHULI1TION Or BIDS Page 1 of 20
DEPARTMENT or anon aRm - CITY or CORPUS CHRISTI, TEEAS
TABULATED BY: 'Angel R. Escobar, P.B., Director of Engineering Services
DATE: September 11, 2002 TIME or COMPLETION: 450 Calendar Days ENOIIMCt'S ESTI10MR: $2,102,O51.i
EXHIBIT 8•1
Page 1 of 20
Part A
Garver Construction,
Ltd.
W.T. Young Construction
L.P.
Jalco,
Inc.
C-4 Street Resurfacing and Utility Improvements
5402
Lawndale
PO Box
9197
5146 Lotus
Street
Part A - Up River Road
Houston,
TX 77023
Corpus Christi,
TX 78469
Houston,
TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMUET
A-1
Mill and Inlay
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-2
Seal Coat
17,812
SY
$2.00
$35,624.00
$1.30
$23,155.60
$1.80
$32,061.60
A-3
2" HMACP Overlay
1,908
TON
$51.00
$97,308.00
$59.00
$112,572.00
$74.00
$141,192.00
A-4
HMACP Level Up
200
TON
$70.00
$14,000.00
$64.00
$12,800.00
$70.00
$14,000.00
A-5
Mill 0"-3"
9,770
SY
$1.00
$9,770.00
$1.00
$9,770.00
$2.00
$19,540.00
A-6
Pavement Repair Up River
1,800
SY
$31.00
$55,800.00
$31.00
$55,800.00
$30.00
$54,000.00
A-7
Pavement Repair Ayers
0
BY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-8
Pavement Repair Gollihar
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-9
Backfill Pavement Edges
0
STA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-10
REFL PVMT MRK 4" (White)(Broken)
1,600
LF
$0.50
$800.00
$0.55
$880.00
$0.60
$960.00
A-11
REFL PVMT MRK 4" (Yellow)(Solid)
6,220
LF
$0.50
$3,110.00
$0.57
$3,545.40
$0.60
$3,732.00
A-12
REFL PVMT MRK 4" (White)(Solid)
640
IF
$0.50
$320.00
$0.55
$352.00
$0.60
$384.00
A-13
REFL PVMT MRK 4" (Yellow)(Broken)
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SHEET SUB -TOTAL:
$216,732.00
$218,875.00
$265,869.60
EXHIBIT 8•1
Page 1 of 20
TABULATION of BIDS Page 2 of 20
DEPARmmm OF BNOItanma - CITY or Corvus CaRIBTI, TmaLs
TABULATED BY: 'Angel R. Escobar, P.Z., Director of Engineering Services
DATE: September 11, 2002 TIME OF COKPLZTION: 430 Calendar Days ENBI CER'B SSTn1ATE: $2,102,0S1.i
EXHIBIT B-1
Page 2 of 20
Part A
Garver Construction,
Ltd.
W.T. Young Construction
L.P.
Jalco,
Inc.
C-4 Street Resurfacing and Utility Improvements
5402
Lawndale
PO Box
9197
5148 Lotus
Street
Part A - Up River Road
--ouston,
HsesseME
TX 77023
Corpus Christi,
TX 78469
Houston,
TX 77045
IS
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A-14
REFL PVMT MRK 8" (White)(Solid)
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-15
PREFAB PVMT MRK 24" (White)(Solid)
230
IF
$23.00
$5,290.00
$26.00
$5,980.00
$25.00
$5,750.00
A-16
PREFAB PVMT MRK 24" (Yellow)(Solid)
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-17
PREFAB PVMT MRK 24" (White)(Arrow)
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-18
PREFAB PVMT MRK (White)(Word)
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-19
PREFAB PVMT MRK 12" (White)(Solid)
180
IF
$13.00
$2,340.00
$14.00
$2,520.00
$14.00
$2,520.00
A-20
PREFAB PVMT MRK 18" (White)(Solid)
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-21
RAISED REFL PVMT MRK (TY II -A -A)
90
EA
$6.00
$540.00
$7.00
$630.00
$7.00
$630.00
A-22
RAISED REEL PVMT MRK (TY I -C)
90
EA
$6.00
$540.00
$7.00
$630.00
$7.00
$630.00
A-23
WRK ZN PVMT MRK 4" (White)(Broken)
1,600
IF
$1.00
$1,600.00
$1.20
$1,920.00
$1.20
$1,920.00
A-24
WRK ZN PVMT MRK 4" (White)(Solid)
640
IF
$1.00
$640.00
$1.20
$768.00
$1.20
$768.00
A-25
WRK ZN PVMT MRK 4" (Yellow)(Broken)
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-26
WRK ZN PVMT MRK 4" (Yellow)(Solid)
6,220
IF
$1.00
$6,220.00
$1.25
$7,775.00
$1.20
$7,464.00
SHEET SUB -TOTAL:
$17,170.00
$20,223.00
$19,682.00
EXHIBIT B-1
Page 2 of 20
TABULATION or BIDS Page S of 20
DEPARTIMUT Or ENGINEERING - CITY Or CORPUS CHRISTI, TEXAS
TABULATID BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TINE Or COM07LETION: 450 Calendar Days ENOIMMBR'8 ESTnQTE: $2,102,051.1
EXHIBIT B•1
Page 3 of 20
Part A
Garver Construction,
Ltd.
W.T. Young Construction
L.P.
Jalco,
Inc.
C-4 Street Resurfacing and Utility Improvements
5402
Lawndale
PO Box
9197
5148 Lotus
Street
Part A - Up River Road
IRROM
Houston,
TX 77023
Corpus Christi,
TX 78469
Houston,
TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
$SPIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A-27
WRK ZN PVMT MRK 8" (White)(Solid)
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-28
SHORT TERM PVMT MRK (Tab)(W)
680
EA
$3.00
$2,040.00
$1.30
$884.00
$1.20
$816.00
A-29
SHORT TERM PVMT MRK (Tab)1Y-21
320
EA
$4.00
$1,280.00
$1.30
$416.00
$1.20
$384.00
A-30
OZONE ADVISORY DAY
1
EA
$3,710.00
$3,710.00
$240.00
$240.00
$1,500.00
$1,500.00
A-31
TRAFFIC CONTROL UP RIVER (STREET
1
LS
$47,639.00
$47,639.00
$28,800.00
$28,800.00
$110,000.00
$110,000.00
WORK)
A-32
TRAFFIC CONTROL AYERS (STREET WORK)
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-33
TRAFFIC CONTROL GOLLIHAR (STREET
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
WORK)
SUB -TOTAL PART A SASE BID
$288,571.00
$269,498.00
$996,251.60
(STREET WORE):
EXHIBIT B•1
Page 3 of 20
TABULATION OP BIDS Page 4 of 20
DEPARTMENT OF ENUINB =NO - CITY OP CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION: 450 Calendar Days ENOINE6A'S ESTIMATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
[DIST PRICE AMOUNT
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
B-1
Utility Pavement Repair -Up River
15
SY
$20.00
$300.00
$36.50
$547.50
$30.00
$450.00
B-2
Utility Pavement Repair -Ayers &
0
Gollihar
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-3
Concrete Curb Ramp w/ Truncated
Domes
2,816
SF
$24.00
$67,584.00
$19.00
$53,504.00
$12.00
$33,792.00
B-4
Remove 6" Curb & Gutter
445
LF
$2.00
$890.00
$5.00
$2,225.00
$4.00
$1,780.00
B-5
Remove Concrete Sidewalk
1,848
SF
$0.50
$924.00
$2.50
$4,620.00
$4.50
$8,316.00
B-6
6" Curb & Gutter
445
LF
$52.00
$23,140.00
$22.00
$9,790.00
$50.00
$22,250.00
B-7
Remove & Replace Conc Driveway
0
SF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-8
Unanticipated Sidewalk Removal
100
SF
$0.50
$50.00
$2.50
$250.00
$5.00
$500.00
B-9
Unanticipated Driveway Removal
20
SF
$1.00
$20.00
$5.00
$100.00
$6.00
$120.00
B-10
Unanticipated Curb & Gutter
Removal
20
LF
$4.00
$80.00
$7.00
$140.00
$9.00
$80.00
B-11
15" RCP
25
LF
$72.00
$1,800.00
$58.00
$1,450.00
$110.00
$2,750.00
B-12
18" RCP
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-13
36" RCP
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SHEET SUB -TOTAL:
$94,788.00
$72,626.50
$70,038.00
EXHIBIT B-1
Page 4 of 20
TABULATION or BIDS Page 5 of 20
DEPARTMENT Or ENGnUZ tINO - CITY OY CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.B., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION: 450 Calendar Days ENUIMffiM'S ESTIMATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
B-14
42" RCP
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-15
5'x5' Box
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-16
8'X3' Box
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-17
5' Curb Inlet
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-18
Modify Curb Inlet
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-19
Grate Inle
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-20
Manhole Riser
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-21
Type B Manhole wl Post Inlet
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-22
Adjust Manhole Elevation
13
EA
$922.00
$11,986.00
$660.00
$8,580.00
$550.00
$7,150.00
B-23
Removal Curb Inlet
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
8-24
Silt Fence
100
LF
$4.00
$400.00
$5.00
$500.00
$1.50
$150.00
B-25
Trench Safety for Drainage
25
LF
$1.00
$25.00
$2.50
$62.50
$1.00
$25.00
B-26
Trafftic Control Up River (Drainage
1
LS
$44,264.00
$44,264.00
$9,000.00
$9,000.00
$20,000.00
$20,000.00
mp
SHEET SUB -TOTAL:
$56,675.00
$18,142.50
$27,325.00
EXHIBIT B-1
Page 5 of 20
TADULATION Or SIDS Page 6 of 20
D39PM MMT Or 12M1'MKIRING - CITY Or CORPUS CHRISTI, T&SAS
TABULATED BY: 'Angel R. Escobar, P.S., Director of Rogiceering Serviws
DATE: September 11, 2002 TIME OF COMPLETION: 450 Calendar Days RNOIMR6R'S RSTDNATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
U.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
UNIT PRICE AMOUNT
Jalco, Inc.
5140 Lotus Street
Houston, TX 77045
AMOUNT
U7$0.00
B-27
Traffic Control Ayers (Drainage
Imps)
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
B-28
Traffic Control Gollihar (Drainage
Imps
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
SUB -TOTAL PART A BASE BID
(DRAINAGE S):
$151,463.00
$90,769.00
$97,363.00
EXHIBIT B-1
Page 6 of 20
TABULATION Or BIDS Page 7 of 20
DEPARMINT Of ENOINffitINO - CITY Or CORPUS CHRISTI, TEEAS
TABULATED BY: 'Angel R. Escobar, P.E., Direator of Engineerinq Services
DATE: September 11, 2002 TndE Or C06MATION: 450 Calendar Days ENOINffit'S ESTIMUMTE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part -A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045,
UNIT PRICE AMOUNT
C-1
Utility Pavement Repair -Up River
7,500
SY
$16.00
$120,000.00
$36.50
$273,750.00
$23.00
$172,500.00
C-2
Utility Pavement -Ayers & Gollihar
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-3
Remove 6" Curb & Gutter
70
LF
$2.00
$140.00
$6.00
$420.00
$14.00
$980.00
C-4
Remove Concrete Sidewalk
1,000
SF
$0.50
$500.00
$2.50
$2,500.00
$2.50
$2,500.00
C-5
Remove Concrete Driveway
300
Sr
$4.50
$1,350.00
$5.00
$1,500.00
$13.00
$3,900.00
C-6
Remove Concrete Pavement
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-7
Remove & Replace Concrete Island
400
SF
$4.50
$1,800.00
$12.00
$4,800.00
$15.00
$6,000.00
C-8
6" Curb & Gutter
70
IF
$52.00
$3,640.00
$24.00
$1,680.00
$65.00
$4,550.00
C-9
Concrete Sidewalk
1,000
SF
$5.00
$5,000.00
$7.00
$7,000.00
$8.00
$6,000.00
C-10
Concrete Driveway
300
SF
$12.00
$3,600.00
$10.00
$3,000.00
$16.00
$4,800.00
C-11
24" Cement Lined, Coated, DIP
5,650
IF
$82.00
$463,300.00
$64.00
$474,600.00
$100.00
$565,000.00
Waterline
C-12
20" C905 DR 18 Waterline
5
IF
$74.00
$370.00
$790.00
$3,950.00
$500.00
$2,500.00
C-13
16" C905 DR 18 Waterline
30
LF
$48.00
$1,440.00
$314.00
$9,420.00
$300.00
$9,000.00
SHEET SUB -TOTAL:
$601,140.00
$782,620.00
$779,730.00
EXHIBIT B-1
Page 7 of 20
TABULATION OF BIDS Page S of 20
DRPARTIMENT OF RNGINmtING - CITY OP CORPUs CHRISTI, Tzzu
TABULATED BY: 'Angel R. Escobar, P.R., Director of Engineering services
DATE: September 11, 2002 TnM OF COMPLETION: 450 Calendar Days ZMGIIMMMIS RA2IMU1904: $2,102,051.:
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
OBIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
C-14
12" C900 DR 18 Waterline
45
LF
$34.00
$1,530.00
$158.00
$7,110.00
$180.00
$8,100.00
C-15
B" C900 DR 18 Waterline
5,700
LF
$28.00
$159,600.00
$28.90
$164,730.00
$50.00
$285,000.00
C-16
24" Any Angle Bends
10
EA
$1,259.00
$12,590.00
$2,280.00
$22,800.00
$1,000.00
$10,000.00
C-17
20" Any Angle Bends
2
EA
$981.00
$1,962.00
$2,060.00
$4,120.00
$800.00
$1,600.00
C-18
16" 90' Bends
1
EA
$489.00
$489.00
$1,560.00
$1,560.00
$470.00
$470.00
C-19
16" Any Other Angle Bends
4
EA
$416.00
$1,664.00
$1,500.00
$6,000.00
$400.00
$1,600.00
C-20
12" Any Angle Bends
3
EA
$235.00
$705.00
$380.00
$1,140.00
$190.00
$570.00
C-21
8" Any Angle Bends
57
EA
$90.00
$5,130.00
$325.00
$18,525.00
$105.00
$5,985.00
C-22
24"x16" Tee
0
EA
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
C-23
24"xl2" Tee
1
EA
$1,500.00
$1,500.00
$2,700.00
$2,700.00
$1,300.00
$1,300.00
C-24
24"x8" Tee
3
EA
$1,562.00
$4,686.00
$2,520.00
$7,560.00
$1,200.00
$3,600.00
C-25
16"x8" Tee
1
EA
$521.00
$521.00
$1,600.00
$1,600.00
$540.00
$540.00
C-26
12"x8" Tee
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SHEET SUB -TOTAL:
$190,377.00
$237,645.00
$318,765.00
EXHIBIT B4
Page 8 of 20
TxBux noy Or BIDE Page 9 of 20
DEPARTMENT or ENGINEERINO - CITr Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Iscobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION: 450 Calendar Days ENGINEER'S ESTn MTS: $2,102,051.1
EXHIBIT B-1
Page 9 of 20
Part A
Garver Construction,
Ltd.
W.T. young Construction
L.P.
Jalco,
Inc.
C-4
Street Resurfacing and Utility Improvements
5402
Lawndale
PO Box
9197
5148 Lotus
Street
Part A - Up River Road
Houston,
TX 77023
Corpus Christi,
TX 78469
Houston,
TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C-27
8"x8" Tee
17
EA
$212.00
$3,604.00
$380.00
$6,460.00
$140.00
$2,380.00
C-28
24"xl6" Cross
1
EA
$3,325.00
$3,325.00
$3,840.00
$3,840.00
$2,200.00
$2,200.00
C-29
16"x8" Cross
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-30
12"x8" Cross
1
EA
$600.00
$600.00
$850.00
$850.00
$320.00
$320.00
C-31
8"x8" Cross
1
EA
$435.00
$435.00
$610.00
$610.00
$210.00
$210.00
C-32
24" Butterfly Valve w/ Box
4
EA
$4,772.00
$19,088.00
$4,950.00
$19,800.00
$3,400.00
$13,600.00
C-33
16" Butterfly Valve w/ Box
3
EA
$2,936.00
$8,808.00
$3,180.00
$9,540.00
$1,800.00
$5,400.00
C-34
12" Gate Valve w/ Box
2
EA
$1,516.00
$3,032.00
$1,630.00
$3,260.00
$1,200.00
$2,400.00
C-35
B" Gate Valve w/ Box
32
EA
$925.00
$29,600.00
$1,090.00
$34,880.00
$640.00
$20,480.00
C-36
30"x12" Reducer
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-37
24"x20" Reducer
1
EA
$1,199.00
$1,199.00
$1,630.00
$1,630.00
$900.00
$900.00
C-38
16"x8" Reducer
2
EA
$540.00
$1,080.00
$750.00
$1,500.00
$250.00
$500.00
SHEET SUB -TOTAL:
$70,771.00
$82,370.00
$48,390.00
EXHIBIT B-1
Page 9 of 20
TABULATION or BIDS rage 10 of 20
DEPARMENT OP MenalERING - CITr Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.Z., Director of Engineering Services
DATE: September 11, 2002 TIME Or COMWTION: 450 Calendar Days ZNGI102II1'S ESTIMATE: 02,102,051.1
EXHIBIT B-1
Page 10 of 20
Part A
Garver Construction,
Ltd.
W.T. Young Construction
L.P.
Jalco,
Inc.
C-4
Street Resurfacing and Utility Improvements
5402
Lawndale
PO Box
9197
5148 Lotus
Street
emosseMEN
Part A - Up River Road
Houston,
TX 77023
Corpus Christi,
TX 78469
Houston,
TX 77045
DESCRIPTION
QTY.
MIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C-39
B"x6" Reducer
15
EA
$161.00
$2,415.00
$370.00
$5,550.00
$90.00
$1,350.00
C-40
8"x4" Reducer
1
EA
$156.00
$156.00
$360.00
$360.00
$90.00
$90.00
C-41
31OXx24" Tapping Sleeve 6 Valve w/
1
EA
$16,390.00
$16,390.00
$32,280.00
$32,280.00
$32,000.00
$32,000.00
o
C-42
1122%x8" Tapping Sleeve 4 Valve w/
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-43
Hydra -stops on 24" Waterline
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-44
Hydra -stops on 20" Waterline
1
EA
$16,693.00
$16,693.00
$19,600.00
$19,600.00
$20,000.00
$20,000.00
C-45
Hydra -stops on 16" Waterline
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-46
Fire Hydrant Assembly w/ 16"x6"
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Tee
C-47
Fire Hydrant Assembly w/1211x6" Tee
1
EA
$3,111.00
$3,111.00
$2,880.00
$2,880.00
$3,000.00
$3,000.00
C-48
Free ire Hydrant Assembly w/8"x6"
19
EA
$2,857.00
$54,283.00
$2,725.00
$51,775.00
$2,800.00
$53,200.00
C-49
Remove Exist Fire Hydrant Assembly
14
EA
$225.00
$3,150.00
$840.00
$11,760.00
$340.00
$4,760.00
C-50
6" Plug
2
EA
$63.00
$126.00
$450.00
$900.00
$210.00
$420.00
C-51
Abandon Exist Water Valve
11
FA
$260.00
$2,860.00
$480.00
$5,280.00
$80.00
$880.00
SHEET SUB -TOTAL:
$99,184.00
$130,385.00
$115,700.00
EXHIBIT B-1
Page 10 of 20
TAB=TION OP EIDE Page 11 of 20
DEPAR'ffiNT or EROIR&SnINO - CITY OF CORPUS CSRISTI, TEXAS
TASUL&M BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TnM OF COMPLETION: 450 Calendar Days ENGINEER'S ESTIIGITE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE A14IONT
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
OBIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
DESCRIPTION
QTY.
UNIT
C-52
Abandon Exist Water Valve Vault
7
EA
$366.00
$2,562.00
$840.00
$5,880.00
$1,200.00
$6,400.Q0
C-53
Adjust Existing Valve Elevation
28
EA
$51.00
$1,428.00
$450.00
$12,600.00
$220.00
$6,I60.00
C-54
Sodding
50
BY
$5.00
$250.00
$12.00
$600.00
$7.00
$350.00
C-55
Up River Watt Services off 8"
57
EA
$831.00
$47,367.00
$1,010.00
$57,570.00
$550.00
$31,350.00
C-56
Ayers Water Services Off 8"
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-57
Ayers Water Services Off 16"
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-58
Gollihar Water Services
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
< 35 LF
C-59
Gollihar Water Services
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
35 to 65 LF
C-60
Trench Safety for Waterline
11,400
LF
$14.00
$159,600.00
$1.00
$11,400.00
$1.00
$11,400.00
C-61
Exploratory Excavation Trench
800
LF
$19.00
$15,200.00
$21.00
$16,800.00
$30.00
$24,000.00
C-62
Exploratory Excavation Spot
40
EA
$563.00
$22,520.00*
$600.00
$24,000.00
$400.00
$16,000.00
C-63
Water Utility Allowance (Up River)
1
LS
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
SHEET SUB -TOTAL:
$293,927.00
$173,850.00
$142,660.00
EXHIBIT B-1
Page 11 of 20
*Er=r in Bid Extension, Corrected Figures Shown
TABULATION OF BIDS Page 12 of 20
DEPARTMENT OF ENGINEERING - CITY Or CORPUS CHRISTI, TERM
TABULATED BY: 'Angel R. Escobar, P.R., Director of Engineering Services
DATE: September 11, 2002 TIME OP COMPLETION: 450 Calendar Days SWISHER'S ESTIMATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
Jalco, Inc.
5148 Lotus Street
Houston, TX . 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C-64
Water Utility Allowance (Ayers
0
LS
$90,000.00
$0.00
$90,000.00
$0.00
$90,000.00
$0.00
Gollihar)
C-65
Traffic Control Up River
1
LS
$44,264.00
$44,264.00
$30,000.00
$30,000.00
$100,000.00
$100,000.00
(Waterlines)
C-66
Traffic Control Ayers (Waterlines)
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-67
Traffic Control Gollihar
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(Waterlines)
C-68
Connection to Existing Line (6",
14
EA
$293.00
$4,102.00
$1,280.00
$17,920.00
$800.00
$11,200.00
8", 12")
C-69
Connection to Existing Line (16",
3
EA
$762.00
$2,286.00
$6,900.00
$20,700.00
$4,000.00
$12,000.00
2011, 24")
SUB -TOTAL PART A BASE BID
$1,306,051.00•
$1,475,690.00
$1,528,445.00
(WATERLINES):
EXHIBIT B-1
Page 12 of 20
•Error in Bid Total, Corrected Pigures Shown
TABULATION or BIDS Page 19 of 20
DEPARTIOENT OF ENOIImmINO - CITI OP CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.S., Director of Engineering Services
DATE: September 11, 2002 ME OP COMPLETION: 450 Calendar Days ENQINZKR-S ESTng TE: 02,102,051.1
EXHIBIT B-1
Page 13 of 20
Part A
Garver Construction,
Ltd.
W.T. Young Construction
L.P.
Jalco,
Inc.
C-4
Street Resurfacing and Utility Improvements
5402
Lawndale
PO Box
9197
5148 Lotus
Street
Part A - Up River Road
Houston,
TX 77023
Corpus Christi,
TX 78469
Houston,
TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
MOUNT
UNIT PRICE
MOUNT
D-1
Utility Pavement Repair-
275
SY
$16.00
$4,400.00
$36.50
$28.00
$7,700.00
Up River
$10,037.50
D-2
Utility Pavement Repair -Ayers fi
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Gollihar
D-3
Remove 6" Curb fi Gutter
20
LF
$2.00
$40.00
$6.00
$120.00
$14.00
$280.00
D-4
Remove Concrete Sidewalk
60
SF
$0.50
$30.00
$2.50
$150.00
$2.50
$150.00
D-5
Remove Concrete Driveway
0
SF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-6
Remove Concrete Pavement
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-7
Remove fi Replace Concrete Island
60
SY
$4.50
$270.00
$108.00
$6,480.00
$15.00
$900.00
D-8
6" Curb fi Gutter
20
LF
$52.00
$1,040.00
$24.00
$480.00
$65.00
$1,300.00
D-9
Concrete Sidewalk
60
SF
$5.00
$300.00
$8.00
$480.00
$8.00
$480.00
D-10
Concrete Driveway
0
SF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-11
15" PVC Sanitary Sewer (12'-14
50
LF
$113.00
$5,650.00
$148.00
$7,400.00
$220.00
$11,000.00
Cut)
D-12
12" PVC Sanitary Sewer
0
LF
50.00
$0.00
50.00
$0.00
50.00
50.00
(6-8' Cut)
D-13
12" PVC Sanitary Sewer
-0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(8-10' Cut)
SHEET SUB -TOTAL:
$11,730.00
$25,147.50
$21,810.00
EXHIBIT B-1
Page 13 of 20
TABULATION OF 2ID5 Page 14 of 20
DEPARTMENT OP ENOIN8mm - CITI OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF CCKPIATION: 450 Calendar Days ENGnZRR'S ESTIMATE: $2,102,051.1
EXHIBIT B-1
Page 14 of 20
Part A
Garver Construction,
Ltd.
W.T. Young Construction
L.P.
Jalco,
Inc.
C-4
Street Resurfacing and Utility Improvements
5402
Lawndale
PO Box
9197
5148 Lotus
Street
Part A - Up River Road
Houston,
TX 77023
Corpus Christi,
TX 78469
Houston,
TX 77045
EVENEEMNEW
DESCRIPTION
QTY.
UNIT
UNIT PRICE
ANWNT
UNIT PRICE
AMOUNT
UNIT PRICE
MOUNT
D-14
12" PVC Sanitary Sewer (10-12'
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cut)
D-15
12" PVC Sanitary Sewer (12-14'
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cut)
D-16
10" PVC Sanitary Sewer (12-14'
23
LF
$104.00
$2,392.00
$141.00
$3,243.00
$210.00
$4,830.00
Cut)
D-17
8" PVC Sanitary Sewer (<6'Cut)
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-18
8" PVC Sanitary Sewer
(6-8' Cut)
190
LF
$98.00
$18,620.00
$70.00
$13,300.00
$100.00
$19,000.00
D-19
8" PVC Sanitary Sewer
(8-10' Cut)
25
LF
$98.00
$2,450.00
$87.00
$2,175.00
$140.00
$3,500.00
D-20
8" PVC Sanitary Sewer
(10-12' Cut)
142
LF
$98.00
$13,916.00
$132.00
$18,744.00
$170.00
$24,140.00
D-21
12" CIPP
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-22
10" CIPP
1,200
LF
$39.00
$46,800.00
$46.00
$55,200.00
$68.00
$81,600.00
D-23
8" CIPP
910
LF
$34.00
$30,940.00
$40.00
$36,400.00
$68.00
$61,880.00
D-24
Point Repair 8", 10", or 12" Line
4
EA
$2,225.00
$8,900.00
$12,000.00
$48,000.00
$3,000.00
$12,000.00
D-25
Extra Length for Point Repair
20
LF
$100.00
$2,000.00
$480.00
$9,600.00
$150.00
$3,000.00
D-26
6" Pipe Bursting to 8"
2,500
LF
$45.00
$112,500.00
$58.00
$145,000.00
$60.00
$150,000.00
SHEET SUB -TOTAL:
$238,518.00
$331,662.00
$359,950.00
EXHIBIT B-1
Page 14 of 20
TABULATION Or HIDE Page 15 of 20
DEPARTMENT Or ENGINEERING - CITY Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.S., Director of Engineering Services
DATE: September 11, 2002 TIMP Or COMPLETION: 450 Calendar Days ENGIIR3m'8 ESTZMATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
UNIT PRICE AMOUNT
1 Jalc:
5148 Lo7
Houston,
ses
UNIT PRICE
SHEET SUB -TOTAL:
$238,516.00
$331,662.00
D-27
Sanitary Sewer Laterals Thru Storm
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
11-28
41m San Sewer MH (Fiberglass)(<61)
5
EA
$4,348.00
$21,740.00
$3,060.00
$15,300.00
$3,000.00
D-29
Extra Depth for 4'o Manholes
5
VF
$366.00
$1,830.00
$470.00
$2,350.00
$120.00
D-30
5'a San Sewer MH (Fiberglass)(101)
5
EA
$2,816.00
$14,080.00
$7,310.00
$36,550.00
$8,000.00
D-31
5'e Drop San Sewer MH
1
EA
$6,337.00
$6,337.00
$7,620.00
$7,620.00
$9,000.00
(Fiberglass)(10')
D-32
Extra Depth for 5'm Manholes
15
VF
$50.00
$750.00
$720.00
$10,800.00
$220.00
D-33
Rehab Sanitary Sewer Manhole (<61)
12
EA
$4,482.00
$53,784.00
$3,680.00
$44,160.00
$5,000.00
D-34
Extra Depth for Rehab Manholes
55
VF
$271.00
$14,905.00
$410.00
$22,550.00
$130.00
D-35
Remove Sanitary Sewer Manhole
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
D-36
Abandon Sanitary Sewer Manhole
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
D-37
Adjust Manhole Elevation
15
EA
$1,088.00
$16,320.00
$8,910.00
$133,650.00
$600.00
D-38
Grout Fill Abandoned Line
9
CY
$209.00
$1,881.00
$7,770.00
$69,930.00
$200.00
SHEET SUB -TOTAL:
$131,627.00
$342,910.00
o, inc.
:us Street
TX 77045
AMOUNT
$359,950.00
$0.00
$15,000.00
$600.00
$40,000.00
$9,000.00
$3,300.00
$60,000.00
$7,150.00
$0.00
$0.00
$9,000.00
$1,800.00
$145,850.00
EXHIBIT 84 as
Page 15 of 20
TABULATION or BIDS
DEPARTMENT Or PNOINSSRIDO - CITY Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION; 450 Calendar Days
Page 16 of 21
ENSIMIRR's B8TI101TE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
U.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
OBIT mica AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
D-39
Boring
0
LF
$75.00
$0.00
$0.00
$0.00
$60.00
$0.00
D-90
Trench Safety for Sanitary Sewer
Mains
500
LF
$16.00
$8,000.00
$7.00
$3,500.00
$1.00
$500.00
D-41
Sodding
50
SY
$5.00
$250.00
$12.00
$600.00
$7.00
$350.00
D-42
Seeding
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-43
Up River Sewer Services < 25 LF
23
EA
$324.00
$7,452.00
$1,170.00
$26,910.00
$750.00
$17,250.00
D-44
Up River Sewer Services 25 to 55LF
25
EA
$392.00
$9,800.00
$1,780.00
$44,500.00
$1,400.00
$35,000.00
D-45
Ayers Swr Service on Rehabilitated
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
Line
$0.00
D-46
Ayers Swr Services on Replacement
0
EA
$0,00
$0.00
$0.00
$0.00
$0.00
$0.00
Line
D-47
Gollihar Swr Services < 30 LF
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-48
Gollihar Swr Services 30 to 70 LF
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-49
Exploratory Excavation Trench
40*
LF
$19.00
$760.00#
$90.00
$3,600.006
$30.00
$1,200.00#
D-50
Exploratory Excavation Spot
2*
EA
$563.00
$1,126.00#
$4,000.00
$81000.00#
$500.00
$11000.00#
D-51
Waste Water Utility Allowance (Up
River)
1
LS
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
SHEET SUB -TOTAL:
$57,388.00
$117,110.00
$85,300.00
EXHIBIT B-1
Page 16 of 20
* Revised Quantities to Match Plan Quantity #Revised Extensions, Corrected Figures Showa
TABULATION or EIDE
DEPAPMOWT Or ENGIOERM - CITY Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME Or CON]PLETION: 450 Calaadax Days
Page 17 of 20
ENGINEER'S ESTIMATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
MOUNT
Waste Water Utility Allowance
D-52
0
LS
$60,000.00
$0.00
$60,000.00
$0.00
$60,000.00
$0.00
(Ayers 6 Gollihar)
D-53
Traffic Control Up River
1
LS
$44,264.00
$44,264.00
$19,800.00
$19,800.00
$60,000.00
$60,000.00
(San Sewer)
D-54
Traffic Control Ayers (San Sewer)
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-55
Traffic Control Gollihar (San
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Sewer)
D-56
8" Pipe Bursting to 8"
265
LF
$45.00
$11,925.00
$58.00
$15,370.00
$60.00
$15,900.00
SUB -TOTAL PART A EASE BID
9195,452.00#
9851,999.509
9688,810.00#
(SANITARY SEWER IMPROVEMENTS):
#Revised Bid Total, Corrected rigores Shown
EXHIBIT B-1
Page 17 of 20
TABULATION OP BIDS Page 19 of 20
DEPARTMENT Or ENBINEERINo - CITY Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME Or COMPLETION: 450 Calendar Days ENGINEER'S ESTIMATE: $2,102,051.3
Part A
C-4 Street Resurfacing and Utility Improvemeents
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 LaWndale
Houston, TX 77023
OBIT PRICE AMOUNT
W.T. Young Construction L.P.
PO Box 9197
Corpus Christi, TX 78469
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE ANCOW
E-1
Bus Pad
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
E-2
Traffic Control Ayers (ATA Imps)
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Traffic Control Gollihar
E-3
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(RTA Imps)
SUB -TOTAL PART A BASE BID
$0.00
$0.00
$0.00
(RTA IMPROVEMENTS):
EXHIBIT B-1
Page 18 of 20
TABULATION or BIDS Page 19 of 20
DEPARTMENT or ENOS'NE RIBO - CITY Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Servide
DATE: September 11, 2002 TIME Or COMPLETION: 450 Calendar Days ZKOnOOMIS ESTIMATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
W.T. Young Construction
L.P.
PO Box 9197
Corpus Christi, TX 78469
REIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
A6 -DA
Deductive Alternative Pavement
1,800
SY
$10.00
$18,000.00
$0.00
$1.00
$1,800.00
Repair Up River Road
$0.00
SUB -TOTAL PART A
$18,000.00
$0.00
$1,900.00
DEDUCTIVE ALTERNATIVE 1:
EXHIBIT B4
Page 19 of 20
TABULATION or BIDS
DEPARTMENT Or ENGINEERING - CITY Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineeriaq Services
DATE: September 11, 2002 TIME Or COMPLETION: 450 Calendar Days
Page 20 of 20
ENGISKER'S ESTIMATE: $2,102,051.1
Part A
C-4 Street Resurfacing and Utility Improvements
Part A - Up River Road
DESCRIPTION QTY. UNIT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
OMIT PRICE AMOUNT
W.T. Young Construction
L.P.
PO Box 9197
Corpus Christi, TX 78469
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMDONT
SUB -TOTAL PART A BASE BID
(STREET WORK):
$288,571.00
$269,438.00
$398,251.60
SUB -TOTAL PART A BASE BID
(DRAINAGE IMPROVEMENTS);
$151,463.00
$90,769.00
$97,363.00
SUB -TOTAL PART A BASE BID
(WATERLINES):
$1,306,051.00#
$1,475,690.00
$1,528,445.00
SUB -TOTAL PART A BASE BID
(SANITARY SEWER IMPROVEMENTS):
$495,452.00#
$8511999.5011
$6661010.00$
SUB -TOTAL PART A BASE BID
(RTA IMPROVEMENTS):
$0.00
$0.00
$0.00
TOTAL PART A BABE BID:
$2,241,537.00#
$2,687,896.50#
$2,712,869.60#
TOTAL PART A
DEDUCTIVE ALTERNATIVE 1:
$18,000.00
$0.00
$1,800.00
EXHIBIT B-1
#Revised Bid Total, Corrected Figures shown Page 20 of 20
TABULATION OP BIDS Page 1 of 20
DEPARTMENT or BNOIIBIDtINO - CITY Or CORPUS CHRISTI, TMA
TABULATED BY: 'Angel R. Escobar, P.B., Director of Engineering Services
DATE: September 11, 2002 T111Z OF COM@LZTION: 570 Calendar Days ENOIN&ER'S ESTIMATE: $5,166,803.70
EXHIBIT B-2
Page 1 of 20
Part B
King -Isles,
Inc.
Garver Construction,
Ltd.
Jalco,
Inc.
C-4 Street Resurfacing and Utility Improvements
1641 Goldston
Road
5402
Lawndale
5148 Lotus
Street
Part B - Ayers Street & Gollihar
Road
Corpus Christi,
TX 78409
Houston,
TX 77023
Houston,
TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A-1
Mill and Inlay
7,836
SY
$13.50
$105,786.00
$14.00
$109,704.00
$21.00
$164,556.00
A-2
Seal Coat
77,473
SY
$1.25
$96,841.25
$1.20
$92,967.60
$1.80
$139,451.40
A-3
2" HMACP Overlay
9,000
TON
$47.25
$425,250.00
$47.70
$429,300.00
$74.00
$666,000.00
A-4
HMACP Level Up
700
TON
$75.00
$52,500.00
$58.80
$41,160.00
$70.00
$49,000.00
A-5
Mill 0"-3"
6,200
SY
$3.00
$18,600.00
$2.10
$13,020.00
$2.00
$12,400.00
A-6
Pavement Repair Up River
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
A-7
Pavement Repair Ayers
4,230
SY
$28.50
$120,555.00
$33.00
$139,590.00
$22.00
$93,060.00
A-8
Pavement Repair Gollihax
5,020
SY
$28.50
$143,070.00
$33.00
$165,660.00
$22.00
$110,440.00
A-9
Backfill Pavement Edges
50
STA
$300.00
$15,000.00
$130.40
$6,520.00
$110.00
$5,500.00
A-10
REEL PVMT MRK 4" (White)(Broken)
5,600
LF
$0.55
$3,080.00
$0.50
$2,800.00
$0.60
$3,360.00
A-11
REEL PVMT MRK 4" (Yellow)(Solid)
22,875
LF
$0.60
$13,725.00
$0.50
$11,437.50
$O.60
$13,725.00
A-12
REEL PVMT MRK 4" (White)(Solid)
8,795
LF
$0.55
$4,837.25
$0.50
$4,397.50
$0.60
$5,277.00
A-13
REEL PVMT MRK 4" (Yellow)(Broken)
3,400
LF
$0.60
$2,040.00
$0.50
$1,700.00
$0.60
$2,040.00
SHEET SUB -TOTAL:
$1,001,284.50
$1,018,256.60
$1,264,809.40
EXHIBIT B-2
Page 1 of 20
TABULATION OF BIDS Page 2 of 20
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TSEAS
TABULATED BY: 'Angel R. Escobar, P.Y., Director of Engineering Services
DATE: September 11, 2002 TIME Or COMPLETION: 570 Calendar Days ENGINEER'S ESTIMATE: $5,166,803.70
Part B
C-4 Street Resurfacing and Utility Improvements
messes Part B - Ayers Street 6 Gollihar Road
mememe
DESCRIPTION QTY. UNIT
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
A-14
REFL PVMT MRK 8" (White)(Solid)
1,205
LF
$1.25
$1,506.25
$1.10
$1,325.50
$1.20
$1,446.00
A-15
PREFAB PVMT MRK 24" (White)(Solid)
2,061
IF
$26.00
$53,586.00
$23.30
$48,021.30
$25.00
$51,525.00
A-16
PREFAB PVMT MRK 24" (Yellow)(Solid)
480
IF
$26.00
$12,480.00
$23.30
$11,184.00
$25.00
$12,000.00
A-17
PREFAB PVMT MRK 24" (White)(Arrow)
16
EA
$375.00
$6,000.00
$344.50
$5,512.00
$400.00
$6,400.00
A-18
PREFAB PVMT MRK (White)(Word)
15
EA
$550.00
$8,250.00
$503.50
$7,552.50
$550.00
$8,250.00
A-19
PREFAB PVMT MRK 12" (White)(Solid)
1,747
IF
$14.00
$24,458.00
$12.70
$22,186.90
$14.00
$24,458.00
A-20
PREFAB PVMT MRK 18" (White)(solid)
116
LF
$17.00
$1,972.00
$14.80
$1,716.80
$16.00
$1,856.00
A-21
RAISED REFL PVMT MRK (TY II -A -A)
460
EA
$7.25
$3,335.00
$6.40
$2,944.00
$7.00
$3,220.00
A-22
RAISED REFL PVMT MRK (TY I -C)
410
EA
$7.25
$2,972.50
$6.40
$2,624.00
$7.00
$2,870.00
A-23
WRK ZN PVMT MRK 4" (White)(Broken)
5,600
IF
$1.25
$7,000.00
$1.10
$6,160.00
$1.20
$6,720.00
A-24
WRK ZN PVMT MRK 4" (White)(Solid)
8,795
LF
$1.25
$10,993.75
$1.10
$9,674.50
$1.20
$10,554.00
A-25
WRK ZN PVMT MRK 4" (Yellow)(Broken)
3,400
IF
$1.25
$4,250.00
$1.10
$3,740.00
$1.20
$4,080.00
A-26
WRK ZN PVMT MRK 4" (yellow)(Solid)
22,875
LF
$1.25
$28,593.75
$1.10
$25,162.50
$1.20
$27,450.00
SHEET SUB -TOTAL:
$165,397.25
$147,804.00
$160,829.00
EXHIBIT B-2
Page 2 of 20
TABULATION or BIDS Page 3 of 20
DEPAR75ONT Or ENGINEERING - CITY Or CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.B., Director of Engineering Services
DATE: September 11, 2002 TIME Or COMPLETION: 570 Calendar Days ENGINEER'S ESTI101TE: $5,166,603.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
DESCRIPTION QTY. UNIT
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
A-27
WRK ZN PVMT MRK 8" (White)(Solid)
1205
IF
$2.50
$3,012.50
$2.10
$2,530.50
$2.50
$3,012.50
A-28
SHORT TERM PVMT MRK (Tab)(W)
2370
EA
$1.00
$2,370.00
$2.10
$4,977.00
$1.20
$2,844.00
A-29
SHORT TERM PVMT MRK (Tab)(Y-2)
2505
EA
$1.00
$2,505.00
$2.10
$5,260.50
$1.20
$3,006.00
A-30
OZONE ADVISORY DAY
2
EA
$150.00
$300.00
$3,710.00
$7,420.00
$1,500.00
$3,000.00
A-31
TRAFFIC CONTROL UP RIVER (STREET
0
IS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
WORK)
A-32
TRAFFIC CONTROL AYERS (STREET WORK)
1
LS
$5,500.00
$5,500.00
$4,028.00
$4,028.00
$190,000.00
$190,000.00
A-33
TRAFFIC CONTROL GOLLIHAR (STREET
1
LS
$5,500.00
$5,500.00
$4,028.40
$4,028.40
$190,000.00
$190,000.00
WORK)
SUB -TOTAL PART B BASE BID
(STREET WORK):
$1,185,869.25
$1,194,305.00
$1,817,500.90
EXHIBIT B•2
Page 3 of 20
TABULATION OF SIDS Page 4 of 20
DEPARTMENT OF ENGIN]MtING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION: 570 Calendar Days ENOINEER'S ESTIMATE: $5,166,803.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part e - Ayers Street a Gollihar Road
DESCRIPTION QTY. UNIT
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
B-1
Utility Pavement Repair -Up River
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-2
Utility Pavement Repair -Ayers s
200
SY
$35.00
$7,000.00
$20.00
$4,000.00
$32.00
$6,400.00
Gollihar
Concrete Curb Ramp wl Truncated
B-3
6,222
SF
$12.50
$77,775.00
$20.00
$124,440.00
$12.00
$74,664.00
Domes
B-4
Remove 6" Curb 6 Gutter
1,200
IF
$5.00
$6,000.00
$1.00
$1,200.00
$4.00
$4,800.00
B-5
Remove Concrete Sidewalk
4,845
SF
$1.75
$8,478.75
$0.40
$1,938.00
$4.50
$21,802.50
B-6
6" Curb s Gutter
1,200
IF
$20.00
$24,000.00
$41.00
$49,200.00
$50.00
$60,000.00
B-7
Remove 6 Replace Cont Driveway
261
SF
$10.00
$2,610.00
$6.00
$1,566.00
$30.00
$7,830.00
B-8
Unanticipated Sidewalk Removal
210
SF
$3.00
$630.00
$1.00
$210.00
$5.00
$1,050.00
B-9
Unanticipated Driveway Removal
30
SF
$5.00
$150.00
$1.00
$30.00
$6.00
$180.00
Unanticipated Curb S Gutter
5-10
60
IF
$5.00
$300.00
$1.00
$60.00
$4.00
$240.00
Removal
B-11
15" RCP
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
B-12
18" RCP
85
LF
$50.00
$4,250.00
$62.00
$5,270.00
$160.00
$13,600.00
B-13
36" RCP
40
IF
$190.00
$7,600.00
$146.00
$5,840.00
$250.00
$10,000.00
SHEET SUB -TOTAL:
$138,793.75
$193,754.00
$200,566.50
EXHIBIT B-2
Page 4 of 20
TABULATION OP BIDS
DEPARTMENT Or ENOIXECRINO - CITY 01 CORPUS CHRISTI, TZXAS
TABULRTW BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION: 570 Calendar Days
Part B King -Isles, Inc.
C-4 Street Resurfacing and Utility Improvements 1641 Goldston Road
Part B - Ayers Street & Gollihar Road I Corpus Christi, TX 78409
B-14
42" RCP
60
LF
$155.00
B-15
5'X5' Box
70
LF
$375.00
B-16
8'X3' Box
65
LF
$800.00
B-17
5' Curb Inlet
3
EA
$2,250.00
B-18
Modify Curb Inlet
3
EA
$750.00
B-19
Grate Inle
1
EA
$2,500.00
B-20
Manhole Riser
3
EA
$2,000.00
B-21
Type B Manhole wl Post Inlet
1
EA
$3,900.00
B-22
Adjust Manhole Elevation
25
EA
$650.00
B-23
Removal Curb Inlet
1
EA
$900.00
B-24
Silt Fence
200
IF
$5.00
B-25
Trench Safety for Drainage
160
IF
$15.00
$0.00
Traffic Control Up River (Drainage
$0.00
B-26
$129,610.00
0
LS
$0.00
Imps)
SHEET SUB -TOTAL:
$9,300.00
$26,250.00
$52,000.00
$6,750.00
$2,250.00
$2,500.00
$6,000.00
$3,900.00
$16,250.00
$900.00
$1,000.00
$2,700.00
$0.00
$129,800.00
Garver Construction, Ltd.
5402 Lawndale
Street
Houston,
TX 77023
77045
SPIT PRICE
AMOUNT
$252.00
$15,120.00
$280.00
$376.00
$26,320.00
$471.00
$30,615.00
$31,500.00
$3,500.00
$10,500.00
$700.00
$2,100.00
$2,300.00
$1,250.00
$1,250.00
$850.00
$2,550.00
$3,000.00
$1,400.00
$1,400.00
$900.00
$22,500.00
$2,500.00
$600.00
$600.00
$4.00
$800.00
$5,600.00
$1.00
$180.00
$0.00
$0.00
$130.00
$113,935.00
Page 5 of 20
ENOINSER'S EST33OLTE: $5,166,303.70
Jalco, Inc.
5148 Lotus
Street
Houston, TX
77045
UNIT PRICE
AMOUNT
$280.00
$16,800.00
$450.00
$31,500.00
$630.00
$40,950.00
$2,300.00
$6,900.00
$1,000.00
$3,000.00
$3,000.00
$3,000.00
$2,500.00
$7,500.00
$5,600.00
$5,600.00
$550.00
$13,750.00
$130.00
$130.00
$1.50
$300.00
$1.00
$180.00
$0.00
$0.00
$129,610.00
EXHIBIT B-2
Page 5 of 20
TABULIMON OF BIDS Page 6 of 20
DEPARTMENT OF ENGINEERING - CITY OP CORPUS CHRISTI, TEXAS
TABUL&M BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TINE OF COMPLETION: 570 Calendar Days ENGIN86R-S ESTng=: $5,166,603.70
Part 5
C-4 Street Resurfacing and Utility Improvements
Part 5 - Ayers Street 6 Gollihar Road
DESCRIPTION QTY. UNIT
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
Traffic Control Ayers (Drainage
B-27
1
IS
$20,000.00
$20,000.00
$3,000.00
$3,000.00
$20,000.00
$20,000.00
ImpH-28
Traffic Control Gollihar (Drainage
1
IS
$20,000.00
$20,000.00
$3,000.00
$3,000.00
$20,000.00
$20,000.00
Imps
SUB -TOTAL PART N SASS BID
$303,593.75
$313,689.00
$370,176.50
(DRAINAGE IMMOVINS24T9):
EXHIBIT B-2
Page 6 of 20
TAR =TIOW or albs Page 7 of 20
DSPARTmERT or ENGIMaiRING - CITY Or CORPUS CHRISTI, TEMUMS
TABULATED BY: 'Angel R. Escobar, P.R., Director of Engineering Services
DATE: September 11, 2002 TIME Or COM07LETIOH: 570 Calendar Days ENGINEER'S ESTIMOMTE: $5,166,803.70
C-4
Part B
Street Resurfacing and Utility Improvements
Part B - Ayers Street 6 Gollihar
Road
UNIT
King -Isles,
1641 Goldston
Corpus Christi,
UNIT PRICE
Inc.
Road
TX 78409
AMOUNT
Garver Construction,
5402
Houston,
UNIT PRICE
Ltd.
Lawndale
TX 77023
AMOUNT
Jalco,
5148 Lotus
Houston,
UNIT PRICE
Inc.
Street
TX 77045
AMOUNT
DESCRIPTION
QTY.
C-1
Utility Pavement Repair -Up River
0
SY
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-2
Utility Pavement -Ayers n Gollihar
14,500
SY
$30.00
$435,000.00
$20.00
$290,000.00
$36.00
$522,000.00
C-3
Remove 6" Curb 5 Gutter
105
IF
$5.00
$525.00
$1.00
$105.00
$14.00
$1,470.00
C-4
Remove Concrete Sidewalk
60
SF
$3.00
$180.00
$1.00
$60.00
$2.50
$150.00
C-5
Remove Concrete Driveway
0
SF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-6
Remove Concrete Pavement
240
SY
$45.00
$10,800.00
$2.00
$480.00
$16.00
$3,840.00
C-7
Remove 5 Replace Concrete Island
0
SF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-8
6" Curb 6 Gutter
105
IF
$20.00
$2,100.00
$41.00
$4,305.00
$65.00
$6,825.00
C-9
Concrete Sidewalk
60
Sr
$7.50
$450.00
$4.00
$240.00
$8.00
$480.00
C-10
Concrete Driveway
0
SF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-11
24' Cement Lined, Coated, DIP
70
LF
$70.00
$4,900.00
$204.00
$14,280.00
$200.00
$14,000.00
Waterline
C-12
20" C905 DR 18 Waterline
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-13
16" C905 DR 16 Waterline
8,200
LF
$50.00
$410,000.00
$48.00
$393,600.00
$70.00
$574,000.00
SHEET SUB -TOTAL:
$863,955.00
$703,070.00
$1,122,765.00
EXHIBIT B-2
Page 7 of 20
TABULATION OF BIDS
DEPARTMENT OF ENenw;RING - CITY OF CORPUSCBRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Serviata
DATE: September 11, 2002 TIME OF COMPLETION: 570 Calendar Days
Page 8 of 20
ENGINEER'S ESTIMATE: $5,166,603.70
+ Error in Bid Extension, Corrected Figure Shown
EXHIBIT B-2
Page 8 of 20
Part B
King -Isles,
Inc.
Garver Construction,
Ltd.
Jalco,
Inc.
C-4
Street Resurfacing and Utility Improvements
1641 Goldston
Road
5402
Lawndale
5148 Lotus
Street
Part B - Ayers Street 6 Gollihar
Road
Corpus Christi,
TX 78409
Houston,
TX 77023
Houston,
TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C-14
12" C900 DR 18 Waterline
360
LF
$39.50
$14,220.00
$68.00
$24,480.00
$65.00
$23,400.00
C-15
8" C900 DR 16 Waterline
8,100
LF
$23.25
$188,325.00
$36.00
$291,600.00
$42.00
$340,200.00
C-16
24" Any Angle Bends
6
EA
$2,000.00
$12,000.00
$1,400.00
$8,400.00
$1,100.00
$6,600.00
C-17
20" Any Angle Bends
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-18
16" 90° Bends
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-19
16" Any Other Angle Bends
8
EA
$900.00
$7,200.00
$875.00
$7,000.00
$430.00
$3,440.00
C-20
12" Any Angle Bends
2
EA
$475.00
$950.00
$540.00
$1,080.00
$240.00
$480.00
C-21
8" Any Angle Bends
81
EA
$250.00
$20,250.00
$280.00
$22,680.00
$105.00
$8,505.00
C-22
24"x16" Tee
2
EA
$2,500.00
$5,000.00
$2,200.00
$4,400.00
$1,500.00
$3,000.00
C-23
24"x12" Tee
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-24
24"x8" Tee
1
EA
$2,200.00
$2,200.00
$1,900.00
$1,900.00
$1,400.00
$1,400.00
C-25
16"x8" Tee
5
EA
$1,100.00
$5,500.00
$1,000.00
$5,000.00•
$500.00
$2,500.00
C-26
12"x8" Tee
1
EA
$550.00
$550.00
$550.00
$550.00
$270.00
$270.00
SHEET SUB -TOTAL:
$256,195.00
$367,090.00
$369,795.00
+ Error in Bid Extension, Corrected Figure Shown
EXHIBIT B-2
Page 8 of 20
TABULATION OF BIDS Page 9 of 20
DEPARTMENT OP ENOnwarNG - CITY 03 CORPUS CHRISTI. TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Servioea
DATE: September 11, 2002 TIME OS COMPLETION: 570 Calendar Days ENGINEER'S ESTIMATE: $5,166,903.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
DESCRIPTION QTY. UNIT
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
C-27
8"xe" Tee
22
EA
$375.00
$8,250.00
$350.00
$7,700.00
$150.00
$3,300.00
C-28
24"xl6" Cross
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-29
16"x8" Cross
2
EA
$1,450.00
$2,900.00
$1,420.00
$2,840.00
$720.00
$1,440.00
C-30
12"x8" Cross
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-31
8"x8" Cross
5
EA
$450.00
$2,250.00
$430.00
$2,150.00
$200.00
$1,000.00
C-32
24" Butterfly Valve w/ Box
2
EA
$4,000.00
$8,000.00
$3,700.00
$7,400.00
$3,500.00
$7,000.00
C-33
16" Butterfly Valve w/ Box
13
EA
$2,500.00
$32,500.00
$1,900.00
$24,700.00
$1,700.00
$22,100.00
C-34
12" Gate Valve w/ Box
3
EA
$1,250.00
$3,750.00
$1,400.00
$4,200.00
$1,200.00
$3,600.00
C-35
8" Gate valve w/ Box
65
EA
$800.00
$52,000.00
$750.00
$48,750.00
$620.00
$40,300.00
C-36
30"x12" Reducer
1
EA
$3,800.00
$3,800.00
$4,750.00
$4,750.00
$3,400.00
$3,400.00
C-37
24"x20" Reducer
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-38
16"x8" Reducer
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SHEET SUB -TOTAL:
$113,450.00
$102,490.00
$82,140.00
EXHIBIT B-2
Page 9 of 20
TABULATION Or SIDS
DEPARTMENT Or ENOINSSRISG - CITY Or CORPUS CHRISTI, TwAs
TABULATED BY: 'Acgel R. Escobar, P.B., Director of Engineering Services
DATE: September 11, 2002 TIME Or COMPLETION: 570 Calendar Days
Page 10 of 20
ENGINEER'S ESTIMATE: $5,166,803.70
Part B
C-4, Street Resurfacing and Utility Improvements
Part B - Ayers Street 5 Gollihar Road
DESCRIPTION QTY. UNIT
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
C-39
8"x6" Reducer
25
EA
$200.00
$5,000.00
$200.00
$5,000.00
$90.00
$2,250.00
C-40
8"x4" Reducer
2
EA
$190.00
$380.00
$200.00
$400.00
$90.00
$180.00
3102%x24" Tapping Sleeve 5 Valve w/
C-41
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
1122%x8" Tapping Sleeve 6 Valve w/
C-42
1
EA
$2,000.00
$2,000.00
$14,000.00
$14,000.00
$3,200.00
$3,200.00
C-43
Hydra -stops on 24" Waterline
1
EA
$20,000.00
$20,000.00
$19,100.00
$19,100.00
$25,000.00
$25,000.00
C-44
Hydra -stops on 20" Waterline
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-45
Hydra -stops on 16" Waterline
1
EA
$13,500.00
$13,500.00
$15,300.00
$15,300.00
$15,000.00
$15,000.00
Fire Hydrant Assembly w/ 16"x6"
C-46
5
EA
$3,800.00
$19,000.00
$3,600.00
$16,000.00
$3,200.00
$16,000.00
Tee
C-47
Fire Hydrant Assembly w/12"x6" Tee
1
EA
$3,500.00
$3,500.00
$3,380.00
$3,380.00
$3,000.00
$3,000.00
Free ire Hydrant Assembly w/8"x6"
C-48
31
EA
$2,900.00
$891900.00*
$3,250.00
$100,750.00
$2,900.00
$89,900.00
C-49
Remove Exist Fire Hydrant Assembly
24
EA
$250.00
$6,000.00
$156.00
$3,744.00
$340.00
$8,160.00
C-50
6" Plug
4
EA
$75.00
$300.00
$50.00
$200.00
$210.00
$840.00
C-51
Abandon Exist Water Valve
45
EA
$75.00
$3,375.00
$20.00
$900.00
$80.00
$3,600.00
SHEET SUB -TOTAL:
$162,955.00
$180,774.00
$167,130.00
* Error in Bid Extension, Corrected Figure Shown
EXHIBIT B-2
Page 10 of 20
TABULATION O! BIDS Page 11 of 20
DEPARTMENT or ENGINEERIKG - CITY of CORPUS CHRISTI, TEEAS
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION: 570 Calendar Days ENGINEER'S ESTIMATE: $5,166,803.70
EXHIBIT B-2
Page 11 of 20
Part B
King -Isles,
Inc.
Garver Construction,
Ltd.
Jalco,
Inc.
C-4
Street Resurfacing and Utility Improvements
1641 Goldston
Road
5402
Lawndale
5148 Lotus
Street
Part B - Ayers Street & Gollihar
Road
Corpus Christi,
TX 78409
Houston,
TX 77023
Houston,
TX 77045
DESCRIPTION
9TY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C-52
Abandon Exist Water Valve Vault
1
EA
$1,500.00
$1,500.00
$2,800.00
$2,800.00
$1,200.00
$1,200.00
C-53
Adjust Existing Valve Elevation
61
EA
$175.00
$10,675.00
$795.00
$48,495.00
$220.00
$13,420.00
C-54
Sodding
100
SY
$25.00
$2,500.00
$5.00
$500.00
$7.00
$700.00
C-55
Up River Watr Services Off 8"
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C-56
Ayers Water Services Off 8"
20
EA
$875.00
$17,500.00
$550.00
$11,000.00
$550.00
$11,000.00
C-57
Ayers Water Services Off 16"
11
EA
$1,225.00
$13,475.00
$720.00
$7,920.00
$700.00
$7,700.00
C-58
Gollihar Water Services
10
EA
$750.00
$7,500.00
$860.00
$8,600.00
$660.00
$6,600.00
< 35 IF
C-59
Gollihar Water Services
35
EA
$1,500.00
$52,500.00
$1,400.00
$49,000.00
$900.00
$31,500.00
35 to 65 IF
C-60
Trench Safety for Waterline
16,750
IF
$1.00
$16,750.00
$7.00
$117,250.00
$1.00
$16,750.00
C-61
Exploratory Excavation Trench
1,150
IF
$10.00
$11,500.00
$6.00
$6,900.00
$30.00
$34,500.00
C-62
Exploratory Excavation Spot
60
EA
$150.00
$9,000.00
$560.00
$33,600.00
$400.00
$24,000.00
C-63
Water Utility Allowance (Up River)
0
IS
$45,000.00
$0.00
$45,000.00
$0.00
$45,000.00
' $0.00
SHEET SUB -TOTAL:
$142,900.00
$286,065.00
$147,370.00
EXHIBIT B-2
Page 11 of 20
TABULATION OP BIDS
DEPARTMENT OP ENOINE am - CITY OF CORPUS CHRISTI, TOGS
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OP COMPLETION: 570 Calendar Days
Page 12 of 20
EaGnmOt'S ESTIMATE: $5,166,803.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
DESCRIPTION QTY. UNIT
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
Water Utility Allowance (Ayers &
C-64
1
IS
$90,000.00
$90,000.00
$90,000.00
$90,000.00
$90,000.00
$90,000.00
Gollihar)
Traffic Control Up River
C-65
0
IS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(Waterlines)
C-66
Traffic Control Ayers (Waterlines)
1
LS
$48,000.00
$48,000.00
$18,750.00
$18,750.00
$85,000.00
$85,000.00
C-67
Traffic Control Gollihar
1
IS
848,000.00+
848,000.00+
$18,750.00
$18,750.00
$85,000.00
$85,000.00
(Waterlines)
C-68
Connection to Existing Line (6",
37
EA
$600.00
$22,200.00
$95.00
$3,515.00
$750.00
$27,750.00
8", 12")
Connection to Existing Line (16",
C-69
4
EA
$1,800.00
$7,200.00
$700.00
$2,800.00
$4,000.00
$16,000.00
20", 24")
SUB -TOTAL PART 8 BASE BID
$1,754,855.00
81,773,304.00
82,212,950.00
(WATERLINES):
*Bid Omitted, Corrected Figures Shown
EXHIBIT B-2
Page 12 of 20
TABULATION OP BIDS
DEPARTNSNT OF ENOIMMrNO - CITY OP CORPUS CHRISTI, T88A9
TABULATSD BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OP CCNPLETICN: 570 Calendar Days
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street n Go111har Road
King -Isles,
DESCRIPTION
QTY.
Ltd.
Utility Pavement Repair-
1641 Goldston
D-1
5402 Lawndale
0
$14.00
Up River
TX 78409
Houston,
Utility Pavement Repair -Ayers 6
UNIT
D-2
AMOUNT
6300
AMOUNT
Gollihar
$0.00
D-3
Remove 6" Curb 6 Gutter
30
D-4
Remove Concrete Sidewalk
170
D-5
Remove Concrete Driveway
145
D-6
Remove Concrete Pavement
9
D-7
Remove 5 Replace Concrete Island
0
D-6
6" Curb 6 Gutter
30
D-9
Concrete Sidewalk
170
D-10
Concrete Driveway
145
$75.00
15" PVC Sanitary Sewer (12'-14
$11.00
D-11
SY
0
$0.00
Cut)
$0.00
D-12
12" PVC Sanitary Sewer
1255
$41.00
(6-8' Cut)
SF
D-13
12" PVC Sanitary Sewer
2160
$850.00
(8-10' Cut)
$10.00
$1,450.00
SHEET SUB -TOTAL:
$1,595.00
Page 19 of 20
ENUIt01EA'S ESTI101TS: $5,166,809.70
Jalco, Inc.
King -Isles,
Inc.
Garver Construction,
Ltd.
AMOUNT
1641 Goldston
Road
5402 Lawndale
$226,800.00
$14.00
Corpus Christi,
TX 78409
Houston,
TX 77023
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
SY
$0.00
$0.00
$0.00
$0.00
SY
$35.00
$220,500.00
$20.00
$126,000.00
LF
$5.00
$150.00
$2.00
$60.00
Sr
$3.00
$510.00
$2.00
$340.00
SF
$5.00
$725.00
$2.00
$290.00
Sy
$75.00
$675.00
$11.00
$99.00
SY
$0.00
$0.00
$0.00
$0.00
IF
$25.00
$750.00
$41.00
$1,230.00
SF
$6.50
$1,105.00
$5.00
$850.00
SF
$10.00
$1,450.00
$11.00
$1,595.00
LF
$0.00
$0.00
$0.00
$0.00
IF
$45.00
$56,475.00
$91.00
$114,205.00
IF
$60.00
$129,600.00
$105.00
$226,800.00
$411,940.00
$471,469.00
Page 19 of 20
ENUIt01EA'S ESTI101TS: $5,166,809.70
Jalco, Inc.
5148 Lotus Street
Houston,
TX 77045
UNIT PRICE
AMOUNT
$0.00
$0.00
$36.00
$226,800.00
$14.00
$420.00
$2.50
$425.00
$14.00
$2,030.00
$25.00
$225.00
$0.00
$0.00
$70.00
$2,100.00
$8.00
$1,360.00
$16.00
$2,320.00
$0.00
$0.00
$70.00
$87,850.00
$80.00
$172,800.00
$496,330.00
EXHIBIT B-2
Page 13 of 20
TABULATION OP BIDS Page 14 of 20
DEPARTIUNT OF ENGINEERING - CITY OT CORPUS CHRISTI, TERAS
TABULATED BY: 'Angel R. Escobar, P.E., Director o4 Engineering Services
DATE: September 11, 2002 TI101 OP COM07LETION: 570 Calendar Days ENenU M'S ROMU TE: $5,166,803.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
Hing -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
D-14
12" PVC Sanitary Sewer (10-12'
21800
LF
$80.00
$224,000.00
$105.00
$294,000.00
$85.00
$236,000.00
Cut)
D-15
12" PVC Sanitary Sewer (12-14'
2,275
LF
$100.00
$227,500.00
$145.00
$329,875.00
$140.00
$318,500.00
Cut)
D-16
10" PVC Sanitary Sewer (12-14'
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cut)
D-17
8" PVC Sanitary Sewer (<6'Cut)
340
IF
$40.00
$13,600.00
$60.00
$20,400.00
$90.00
$30,600.00
D-18
8" PVC Sanitary Sewer
675
LF
$59.00
$39,825.00
$91.00
$61,425.00
$95.00
$64,125.00
(6-8' Cut)
D-19
8" PVC Sanitary Sewer
375
LF
$67.00
$25,125.00
$142.00
$53,250.00
$100.00
$37,500.00
(8-10' Cut)
D-20
8" PVC Sanitary Sewer
160
LF
$90.00
$14,400.00
$152.00
$24,320.00
$165.00
$26,400.00
(10-12' Cut)
D-21
12" CIPP
1,400
LF
$53.00
$74,200.00
$45.00
$63,000.00
$80.00
$112,000.00
D-22
10" CIPP
0
LF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-23
8" CIPP
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-24
Point Repair 8", 10", or 12" Line
3
EA
$5,500.00
$16,500.00
$1,000.00
$3,000.00
$3,000.00
$9,000.00
D-25
Extra Length for Point Repair
16
IF
$250.00
$4,000.00
$100.00
$1,600.00
$150.00
$2,400.00
D-26
6" Pipe Bursting to 8"
0
IF
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SHEET SUB -TOTAL:
$639,150.00
$850,870.00
$838,525.00
EXHIBIT B•2
Page 14 of 20
TABULATION Or BIDE Page IS of 20
DEPARTMENT OY EDGIUMMUNG - CITY OF CORPUS CHRISTI, TERM
TABULATED BY: 'Angel R. Escobar, P.B., Director of Engineering Service/
DINE: september 11, 2002 TIME OP COMPLETION: 570 Calendar Days ENGIVERR'S ESTIIATE: $3,166,803.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street 6 Gollihar Road
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
DESCRIPTION
QTY.
UNIT
D-27
Sanitary Sewer Laterals Thru Storm
8
EA
$2,500.00
$20,000.00
$750.00
$6,000.00
$3,300.00
$26,400.00
Box
D-28
9'e San Sewer MH (Fiberglass)(<6')
29
EA
$1,800.00
$52,200.00
$2,050.00
$59,450.00
$3,200.00
$92,800.00
D-29
Extra Depth for 9'e Manholes
69
VF
$150.00
$10,350.00
$130.00
$8,970.00
$120.00
$8,280.00
D-30
5'e San Sewer Poi (Fiberglass)(10')
26
EA
$4,000.00
$104,000.00
$3,600.00
$93,600.00
$8,000.00
$206,000.00
D-31
5'e Drop San Sewer MH
2
EA
$4,750.00
$9,500.00
$5,100.00
$10,200.00
$9,000.00
$18,000.00
(Fiberglass)(10')
D-32
Extra Depth for 5'e Manholes
46
VF
$300.00
$13,800.00
$130.00
$5,980.00
$220.00
$10,120.00
D-33
Rehab Sanitary Sewer Manhole (<6')
5
EA
$2,250.00
$11,250.00
$5,300.00
$26,500.00
$4,500.00
$22,500.00
D-34
Extra Depth for Rehab Manholes
18
VF
$150.00
$2,700.00
$125.00
$2,250.00
$130.00
$2,340.00
D-35
Remove Sanitary Sewer Manhole
21
EA
$750.00
$15,750.00
$500.00
$10,500.00
$300.00
$6,300.00
D-36
Abandon Sanitary Sewer Manhole
2
EA
$350.00
$700.00
$875.00
$1,750.00
$700.00
$1,400.00
D-37
Adjust Manhole Elevation
35
EA
$650.00
$22,750.00
$1,000.00
$35,000.00
$600.00
$21,000.00
D-38
Grout Fill Abandoned Line
63
CY
$250.00
$15,750.00
$125.00
$7,875.00
$200.00
$12,600.00
SHEET SUB -TOTAL:
$278,750.00
$268,075.00
$429,740.00
EXHIBIT B-2
Page 15 of 20
TABULATION OF BIDS Page 16 of 20
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TERAS
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TIME OF COMPLETION: 570 Calendar Days ENGINEER'S ESTIMDMTE: $5,166,503.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
King-Iales, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
1Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
DESCRIPTION
qTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
ANVINT
UNIT PRICE
AMOUNT
D-39
Boring
20
LF
$75.00
$1,500.00
$50.00
$1,000.00
$60.00
$1,200.00
D-40
Trench Safety for Sanitary Sewer
10050
LF
$2.00
$20,100.00
$8.00
$80,400.00
$1.00
$10,050.00
Mains
D-41
Sodding
100
SY
$15.00
$1,500.00
$5.00
$500.00
$7.00
$700.00
D-42
Seeding
1200
SY
$3.50
$4,200.00
$1.00
$1,200.00
$0.60
$720.00
D-43
Up River Sewer Services < 25 LF
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-44
Up River Sewer Services 25 to 55LF
0
EA
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-45
Ayers Swr Service on Rehabilitated
17
EA
$1,250.00
$21,250.00
$375.00
$6,375.00
$550.00
$9,350.00
Line
D-46
Ayers Swr Services on Replacement
16
EA
$950.00
$15,200.00
$222.00
$3,552.00
$600.00
$9,600.00
Line
D-47
Gcllihar Swr Services < 30 LF
8
EA
$1,150.00
$9,200.00
$780.00
$6,240.00
$750.00
$6,000.00
D-48
Gollihar Swr Services 30 to 70 IF
25
EA
$1,750.00
$43,750.00
$1,650.00
$41,250.00
$1,500.00
$37,500.00
D-49
Exploratory Excavation Trench
750
IF
$12.00
$9,000.00
$6.00
$0.00
$30.00
$0.00
D-50
Exploratory Excavation Spot
44
EA
$200.00
$8,800.00
$560.00
$0.00
$500.00
$0.00
D-51
Waste Water Utility Allowance (Up
0
IS
$30,000.00
$0.00
$30,000.00
$0.00
$30,000.00
$0.00
River)
SHEET SUB -TOTAL:
$134,500.00
$140,517.00
$75,120.00
EXHIBIT B-2
Page 16 of 20
TABULATION OP BIDS Page 17 of 20
DEPARTm=T or ENGI1mmt1liG - CITY OP CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TINE OP COMPLETION: 570 Calendar Days ENGINEER'S ESTIMATE: $5,166,803.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street 6 Gollihar Road
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 76409
UNIT PRICE AMOUNT
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
UNIT PRICE AMOUNT
1Jalco, Inc.
5146 Lotus Street
Houston, TX 77045
UNIT PRICE AMOUNT
DESCRIPTION
QTY.
UNIT
D-52
Waste Water Utility Allowance
1
LS
$60,000.00
$60,000.00
$60,000.00
$60,000.00
$60,000.00
$60,000.00
(Ayers a Gollihar)
Traffic Control Up River
0
LS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
D-53
(San Sewer)
D-54
Traffic Control Ayers (San Sewer)
1
LS
$48,000.00
$48,000.00
$13,000.00
$13,000.00
$95,000.00
$95,000.00
0-55
Traffic Control Gollihar (San
1
LS
$48,000.00
$48,000.00
$19,600.00
$19,600.00
$105,000.00
$105,000.00
Sewer)
SUB -TOTAL PART B BASE BID
$1,620,340.00
$1,623,531.00
$2,099,715.00
(SANITARY SEWER IMPROVEMENTS):
EXHIBIT B•2
Page 17 of 20
TABULATION Or BIDS Page 10 of 20
DEPARTMOLNT or ENGINEERING - CITY Or CORPUS CHRISTI, TMMS
TABULATED BY: 'Angel R. EScobar, Y.Z., Director of Engineering Services
DATE: September 11, 2002 TIME Or COMPLETION: 570 Calendar Days ENGIVEZRIS ESTIMATE! $5,166,903.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
King -Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
lJalco, Inc.
5148 Lotus Street
Houston, TX 77045
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
E-1
Bus Pad
15
EA
$7,000.00
$105,000.00
$7,100.00
$106,500.00
$8,700.00
$130,500.00
E-2
Traffic Control Ayers (RTA Imps)
1
IS
$2,750.00
$2,750.00
$1,500.00
$1,500.00
$8,000.00
$8,000.00
E-3
Traffic Control Gollihar
1
IS
$3,750.00
$3,750.00
$1,500.00
$1,500.00
$8,000.00
$8,000.00
(RTA Imps)
SUB -TOTAL PART B BASE BID
$111,500.00
9109,500.00
9146,500.00
(ATA IMPROVEMENTS)
EXHIBIT B,2
Page 18 of 20
TABOLATION OP BIDS Page 19 of 20
DEPARTMENT or ENGINEERING - CITY OP CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel E. Escobar, P.E., Director of Engineering Services
DATE: September 11, 2002 TINE OT COMPLETION: 570 Calendar Days ENGINEER'S ESTIMATE: $5,166,903.70
C-4
Part B
Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
QTY.
UNIT
Hing -Isles,
1641 Goldston
Corpus Christi,
UNIT PRICE
Inc.
Road
TX 78409
AMOUNT
Garver Construction,
5402
Houston,
UNIT PRICE
Ltd.
Lawndale
TX 77023
AMOUNT
Jalco,
5148 Lotus
Houston,
UNIT PRICE
Inc.
Street
TX 77045
AMOUNT
DESCRIPTION
A7 -DA
Deductive Alternative Pavement
4,230
SY
$7.50
$31,725.00
$10.00
$42,300.00
$0.10
$423.00
Repair Ayers
SUB -TOTAL PART B
$31,725.00
$42,300.00
$423.00
DEDUCTIVE ALTERNATIVE 1:
A8 -DA
Deductive Alternative Pavement
5,020
SY
$10.50
$52,710.00
$10.00
$50,200.00
$0.10
$502.00
Repair Gollihar
SUB -TOTAL PART B
$52,710.00
$50,200.00
$502.00
DEDUCTIVE ALTERNATIVE 2:
EXHIBIT B,2
Page 19 of 20
TABULATION OF BIDS Page 20 of 20
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Angel R. Escobar, P.E., Director of Engiaeerinq Services
DATE: September 11, 2002 TIME OF COMPLETION: 570 Calendar Days ENGIMZZR'E ESTIMATE: $5,166,803.70
Part B
C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street & Gollihar Road
King -Isles, Inc.
1641 Goldston Road
Corpus Christi., TX 78409
Garver Construction, Ltd.
5402 Lawndale
Houston, TX 77023
Jalco, Inc.
5148 Lotus Street
Houston, TX 77045
SEEN
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
SUB -TOTAL PART B BASE BID
$1,185,869.25
$1,194,305.00
$1,817,500.90
(STREET WORK):
SUB -TOTAL PART S BASE BID
$308,593.75
$313,689.00
$370,176.50
(DRAINAGE IMPROVEMENTS):
SUB -TOTAL PART B BASE BID
$1,754,B55.00
$1,773,304.00
$2,212,950.00
(WATERLINES):
SUB -TOTAL PART B BASE BID
$1,620,855.00
$1,823,531.00
$2,099,715.00
(SANITARY SEWER IMPROVEMENTS):
SUB -TOTAL PART B BASE BID
$111,500.00
$109,500.00
$146,500.00
(RTA IMPROVEMENTS):
TOTAL PART B RASE BID:
$4,981,673.00+'
$5,214,329.00
$6,646,842.60
TOTAL PART B
$31,725.00
$42,300.00
$423.00
DEDUCTIVE ALTERNATIVE 1:
TOTAL PART B
$52,710.00
$50,200.00
$502.00
DEDUCTIVE ALTERNATIVE 2:
EXHIBIT B-2
Page 20 of 20
*Error in Bid Total, Corrected Figures Shown
PRELIMINARY PROJECT BUDGET
BOND ISSUE 2000 PROJECT C-4
October8,2002
PART A: UP RIVER ROAD
Funds Available:
Uo River Road
Streets ....................................................................... $ 447,500.00
Water ......................................................................... 1,594,270.00
Storm Water ................................................................ 156,400.00
Wastawatar ................................................................. 656,100.00
Total ...................................................................................................... $ 2,854,270.00
FUNDS REQUIRED:
Construction (Garver Construction, Ltd.):
Street ............................................................................ $ 288,571.00
Storm Water ................................................................... 151,463.00
Wastewater .................................................................... 495,452.00
Water ............................................................................ 1,306,051.00
Construction Total .................................................................................. $ 2,241,537.00
Contingencies ......................................................................................... 224,153.00
Consultant (Smith Russo & Mercer) .............................................................. 314,880.00
Consultant (Phil Boehk, P.E.) ...................................................................... 5,842.00
Consultant (James Lontos, P.E.) .................................................................. 4,247.00
Bond Issuance Expense ............................................................................ 6,611.00
Administrative Reimbursements .................................................................. 12,000.00
Engineering Reimbursements ...................................................................... 15,000.00
Testing ................................................................................................... 25,000.00
Printing, Advertising, etc ............................................................................. 5,000.00
Total ...................................................................................................... $2,854,270.00
EXHIBIT C I
Page I of 2
PART B: AYERS & GOLLIHAR
Funds Available:
Streets ....................................................................... $1,489,900.00
Water ......................................................................... 2,193,791.00
Storm Water ................................................................ 411,457.00
Wastewater ................................................................. 2,060,080.00
RTA ........................................................................... 111,500.00
Total ...................................................................................................... $ 6,266,728.00
FUNDS REQUIRED:
Construction (Garver Construction, Ltd.):
Street ............................................................................ $1,185,869.25
Storm Water ................................................................... 308,593.75
Wastewater .................................................................... 1,620,855.00
Water ............................................................................ 1,754,855.00
RTA .............................................................................. 111,500.00
Construction Total .................................................................................. $ 4,981,673.00
Contingencies ......................................................................................... 398,533.00
Consultant (Smith Russo & Mercer) .............................................................. 781,805.00
Consultant (Phil Boehk, P.E.) ...................................................................... 14,000.00
Consultant (James Lontos, P.E.) .................................................................. 4,923.00
Bond Issuance Expense ............................................................................ 18,624.00
Administrative Reimbursements .................................................................. 11,000.00
Engineering Reimbursements ...................................................................... 12,000.00
Testing ................................................................................................... 39,170.00
Printing, Advertising, etc ............................................................................. 5,000.00
Total ...................................................................................................... $6,266,728.00
EXHIBIT C J
Page 2 of 2
NUECES BAY
UP ,RIVER RD. (// 6141) N
LOCATION ~
NOT TO SCALE
PBOJECT ~ 6141 EXHZBZT "D"
UP R~VER RD STREET RESURFACZNG CZTY ~UNCZL EXHZBZT
(Bond ~ssue 2000 Project C-4) ~PA~Nr Or ~N~/~/,C
PAGE: I of 3
CI~ OF CORPUS CHRISTI, TE~S DATE: 10-02-2002
r~pro~lect ~ eONOissue ~pro~ect~coun¢#exh~b~t~ \ exhC-4.dw~
NUECESBA¥
) - ' ~1 ~ ~5 ~ ~ ~. /r: ~ ~ /~ ~o~0~ ~,~, ~
~ ~ ~ORU
AYERS
LOOATZON ~P
NOT TO S~LE
PROUECT ~ ~1~2 EXHIBIT "D"
AYE~S ~T~EET ~E~U~FAqING CITY ~UNCIL ~XHIBIT
(Bond Issue 2000 Pro] ec t C-4) ~E~ ~ ~ Sm~C~
Cl~ OF CORPUS CHRISTL ~S DATE: 10-02-2002
I.--
.<
,M?ro~ect ~ eONDissue ~pro~ectscouncilexhibits ~ exh C-4. dw~
NUECES BAY ~
N
IH 37 ~ , ,
GOLLIHAR (g6143)
LOCATJON ~
NOT TO S~LE
PROJECT ~ 6143 EXH~BZT "D"
GOLL~H~ RD STREET RESURFAC~NG CZ~ COUNCIL EXHiBiT ~
(Bond ~ss~e 2000 P~oject C-4) OEPAR~T OF ENGINEERING SER~CES
PAGE: 3 Of 3 ! i
CI~ OF CORPUS CHRISTI, TE~S DATE: 10-02-2002 ~
8
AGENDA MEMORANDUM
DATE: October 1,2002
SUBJECT: 30-Inch Gravity Sewer Line Greenwood Drive to Richter Ditch
(Project No. 7196)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Garver Construction in the amount of $2,524,704 for the 30-Inch
Gravity Sewer Line Greenwood Drive to Richter Ditch.
ISSUE: This is the first of three projects that will lead to the elimination of three lift stations,
rehabilitate the Kostoryz Lift Station, and provide new gravity sewer line mains. This
project is part of the Wastewater Facilities Implementation Plan.
FUNDING: Funds to finance the project are available in the FY 2001-2002 Wastewater
Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Ctowell,
Director of Wastewater Department
',~g~ R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B' Project Budget
Exhibit "C" Bid Tabulation
Exhibit "D" Location Map
H :~10 M E~VELMAR~G EI~WASTEWA~719~,G EN DA MEMO
BACKGROUNDINFORMATION
SUBJECT: 30-Inch Gravity Sewer Line Greenwood Drive to Richter Ditch
(Project No. 7196)
PRIOR COUNCIL ACTION:
1. August 18, 1998 - Motion authorizing the City Manager, or his designee, to execute
a contract for engineering services with Goldston Engineering, Inc. for a total fee not
to exceed $187,800 for the (a) Kostoryz Road Utilities Adjustments from Holly Road
to Saratoga Boulevard; (b) Kostoryz Road from South Padre Island Drive to Holly
Road Drainage Improvements Study; and (c) Lift Station Improvements and Carolyn
Heights Diversion to Greenwood Wastewater Treatment Plant (Motion No. M98-
284).
2. October 17, 2000 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 for Stage 2 services to the engineering contract in the
amount of $565,865 with Goldston Engineering, Inc. for the Lift Station
Improvements and Carolyn Heights Diversion to Greenwood Wastewater Treatment
Plant (Motion No. M2000-373).
PRIOR ADMINISTRATIVE ACTION:
1. July 16, 2001 - Amendment No. 2 in the amount of $2,000 to the engineering
contract with Goldston Engineering, Inc. for environmental services on the Lift
Station Improvements and Carolyn Heights Diversion to Greenwood Wastewater
Treatment Plant - Lift Station and Force Main Project.
PROJECT BACKGROUND: The proposed project is the first of three projects that will
rehabilitate the Kostoryz Lift Station and lead to the elimination of three lift stations as
follows:
1. Carolyn Heights Lift Station
2. Crestmont Lift Station
3. Yellow Rose Lift Station
Upon completion of this project, 1.4 MGD (million gallons per day)of wastewater flow will
be diverted from the Oso Wastewater Treatment Plant to the Greenwood Wastewater
Treatment Plant. This will provide relief to the Oso VVastewater Treatment Plant while the
Greenwood Wastewater Treatment Plant can easily accommodate the additional flows.
This project is a necessary component of Phase One of the Wastewater Facilities
Implementation Plan.
PROJECT DESCRIPTION: The proposed project consists of approximately 9,300 linear
feet of 30-inch diameter PVC gravity sewer main; 1,400 linear feet of 12-inch diameter PVC
H:\HO M E~VE L MAR~GE N~WASTEWAT~7196~AGENDA BACKGROUND
EXHIBIT "A"
gravity sewer main; 2,000 linear feet of 8-inch diameter PVC gravity sewer main; 400 linear
feet of 12-inch and 16-inch PVC fome main; concrete and fiberglass manholes, and 956
linear feet of 20-inch to 42-inch diameter steel casings (borings); in accordance with the
plans, specifications and contract documents.
BID INFORMATION: The City received proposals from seven (7) bidders on September
25, 2002. See Exhibit "C" Bid Tabulation. The bids range from $2,524,704 to $3,150,840.
The Engineer's estimated construction cost for the project is $3,200,000.
The City's Consultant, Goldston Engineering, Inc., and City staff recommend that based on
Iow Total Base Bid, the Total Base Bid be awarded in the amount of $2,524,704 to Garver
Construction of Houston, Texas for the 30-Inch Gravity Sewer Line Greenwood Drive to
Richter Ditch.
FUNDING: Funds for this project are available in the FY 2001-2002 Wastewater Capital
Improvement Budget.
H:~HO M E~VEL MAR~GEN~WASTEWA~7196~GENDA BACKGROUND
EXHIBIT "A"
Page 2 of 2
PROJECT BUDGET
30-INCH GRAVITY SEWER LINE
GREENWOOD DRIVE TO RICHTER DITCH
(Project No. 7196)
October 2, 2002
FUNDS AVAILABLE:
Wastewater ClP Fund .................................................................................... $3,045,614.00
FUNDS REQUIRED:
Construction (Garver Construction) .................................................................. $2,524,704.00
Contingencies (10%) .................................................................................... 252,470.00
Consultant (Goldston Engineering, Inc.) ............................................................ 186,790.00
Major Projects Activity ................................................................................... 20,000.00
Construction Inspection Activity ....................................................................... 41,650.00
Testing ........................................................................................................ 19,000.00
Printing ....................................................................................................... 500.00
Advertising .................................................................................................. 500.00
Total ......................................................................................................... $3,045,614.00
EXHIBIT "B"
Page 1 of 1 J
H :\HO M E~VELMAR~GEI~WASTEWA~71 !~6~PROJ ECT BUDGET
EXHIBIT "C" J
Page 1 of 2
EXHIBIT "C"
Page 2 of 2 ~
PROJECT LOCATION
N
F,M. 43
LOCATION J/IAP
NOT TO SCALE
MCARDLE
SPID
HOLLY ROAD o~
RICHER ~
~')1
SARATOGA BLVD
CARROLL
PROJECT No. 7196
PROJECT SITE
LOCATION MAP
NOT TO SCALE
EXHIBIT "D"
30-INCH GRAVITY SEWER LINE GREENE(X)D
DRIVE TO RICHTER DITCH
CIT'~ OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 10/02/2002
9
AGENDA MEMORANDUM
DATE: September 27, 2002
SUBJECT: Up River Road 24-Inch Water Line Improvements Lantana Road to IH 37,
Phase 4 (Project No. 8444)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Garver Construction in the amount of $1,552,629 for the Up
River Road 24-Inch Water Line Improvements Lantana Road to IH 37, Phase 4.
ISSUE: Due to severe external corrosion, the Up River Road Water Transmission Main is
in extremely poor structural condition and has experienced numerous main breaks. Phase
4 is the last phase to upgrade the Up River Road Water Transmission Main. The proposed
project will provide more reliable service and additional capacity to serve industrial
customers in the area.
FUNDING: Funds to finance the project are available in the FY 2001-2002 Water Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Ed u ~_.~o (~a~ana, "
Director offWater Department
~Dirn~el R. Escobar, P. E.,
ector of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tabulation
Exhibit "D" Location Map
BACKGROUNDINFORMATION
SUBJECT: Up River Road 24-Inch Water Line Improvements Lantana Road to IH 37,
Phase 4 (Project No, 8444)
PRIOR COUNCIL ACTION:
1. May 28, 1996 - Award of contract for engineering services in the amount of
$125,500 to J. R. Thompson Engineering and Bass & Welsh Engineering for the Up
River Road Transmission Main Project, Phases 1 and 2 (Motion No. M96-156).
2. March 17, 1998 - Approval of Amendment No. 3 in the amount of $338,840 to J. R.
Thompson Engineering and Bass & Welsh Engineering for engineering services for
the Up River Road Transmission Main Project, Phases 2, 3, and 4 (Motion No. M98-
075).
PRIOR ADMINISTRATIVE ACTION:
1. June 4, 1997 - Amendment No. 1 in the amount of $13,000 to the engineering
contract with J. R. Thompson Engineering and Bass & Welsh Engineering for the
Up River Road Transmission Main Project, Phases 2 and 3.
2. Au,qust 7, 1997 - Amendment No. 2 in the amount of $3,850 to the engineering
contract with J. R. Thompson Engineering and Bass & Welsh Engineering for the
Up River Road Transmission Main Project, Phases 2 and 3.
3. April 1, 1999 - Amendment No. 4 in the amount of $14,000 to the engineering
contract with J. R. Thompson Engineering and Bass & Welsh Engineering for the
Up River Road Transmission Main Project, Phase 4.
4. September 25, 2000 - Amendment No. 5 in the amount of $10,600 to the
engineering contract with J. R. Thompson Engineering and Bass & Welsh
Engineering for the Up River Road Transmission Main Project, Phase 3.
5. February 22, 2001 - Amendment No. 6 in the amount of $14,950 to the engineering
contract with J. R. Thompson Engineering and Bass & Welsh Engineering for the
Up River Road Transmission Main Project, Phase 4.
6. Au,qust 17, 2001 - Amendment No. 7 in the amount of $9,000 to the engineering
contract with J. R. Thompson Engineering and Bass & Welsh Engineering for the
Up River Road Transmission Main Project, Phase 4.
PROJECT BACKGROUND: The Up River Road Water Transmission Main is being
upgraded in phases. It extends 38,000 feet in length and serves the City's industrial area.
Approximately 34,770 feet of the line was 20-inch cast iron pipe (installed in the 1920's)
and 3,230 feet (east of Southern Minerals Road) was 8-inch asbestos cement line that
adversely affected operating pressures. Of the 155 water meters inventoried, 25 range
from 2-inches to 16-inches and service major customers like Koch, Saber, Quintana, and
Koch Refining. Phase 4 is the last phase and the most eastward portion.
H:V-~OM E~VELMAR\G EN\WATE Rfl~B444'~AGENDA BACKGROUND
EXHIBIT "A"
Page 1 of 2
PROJECT DESCRIPTION: The proposed project consists of the construction of
approximately 10,000 linear feet of new 24-inch water line in Up River Road from Lantana
Road to IH 37/Omaha Drive and associated pavement patching/repair, connections to
existing water main laterals, fire hydrants and water meters and other work as shown in the
plans and specifications required to complete the project, in accordance with the plans,
specifications and contract documents.
BID INFORMATION: The City received proposals from four (4) bidders on September 18,
2002. See Exhibit "C" Bid Tabulation. The bids range from $1,552,629 to $2,243,926.
The Engineer's estimated construction cost for the project is $1,830,860. The Bid Bond
submitted by Hoot Johnson Construction of Hillsboro, Texas was not an original and is
therefore considered a non-responsive bid.
The City's Consultant, Bass & Welsh Engineering, and City staff recommend that based on
Iow Total Base Bid and past satisfactory experience, the Total Base Bid be awarded in the
amount of $1,552,629 to Garver Construction of Houston, Texas for the Up River Road 24-
Inch Water Line Improvements Lantana Road to IH 37, Phase 4.
FUNDING: Funds for this project are available in the FY 2001-2002 Water Capital
Improvement Budget.
EXHIBIT "A"
Page 2 of 2
H :\HO M E~VE LMAR',GEI~WATE R~B444'~,G E N DA BACKGROUND
PROJECT BUDGET
UP RIVER ROAD 24-INCH WATER LINE IMPROVEMENTS
LANTANA ROAD TO IH 37, PHASE 4
(Project No. 8444)
September 30, 2002
FUNDS AVAILABLE:
Water CIP Fund ............................................................................................. $1,934,975.00
FUNDS REQUIRED:
Construction (Garver Construction) .................................................................. $1,552,629.00
Contingencies (10%) .................................................................................... 155,260.00
Consultant (J. R. Thompson Engineering and Bass & Welsh Engineering) ............... 173,488.00
Major Projects Activity ................................................................................... 12,000.00
Construction Inspection Activity ....................................................................... 25,600.00
Testing ........................................................................................................ 15,000.00
Printing ....................................................................................................... 500.00
Advertising .................................................................................................. 500.00
Total ......................................................................................................... $1,934,975.00
IEXHIBIT "B"
Page I of I I
4P
TABULATION OFBIDB
DEPT OF ENGMIEERING CITY OF CORPUS CHRISTI
J'
Ppd I2
TABULATIONSY:'ArOOFLEe r,P.E.,Dire &Erginmw S� TIME OF CIXAPLETION: ENOR88fYATE NAJ3/m-0U
Dm , SMEembw 18, Y m Cewdu Days
UP RIVER ROAD IMPROVEMENTS, LANTANA ROAD TO RWT, PHASE N
CARVER CONSTRUCTION
`JAL00, MC.
YJ.T.YOUN000NSTR.Oo.
11OOTJOHNSWCONSTRaIm
PROJECTNO.3Mt
6Mt LPwntlalP, Xauilgy TX ]101!
PA. eo%Zfitl,Ngpbn, T%TTJ27
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D TION LN W
UN CE WAL
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1 PIP :YP%n. zP wen nrocn ...e
_____
N c%
f'
TABULATION OF BIDS
DEPT OF ENGINEERING CRYOFCOFPUSCHRISTI
PMIQOf2
TABULATION BY:'NpdR EanEer. P.E.. Wmc4raf E�pheaAp Servkn TIME OF COMPLETION: ElD �TB SIAMINOM
DW: SepYnber 10.2002 SggCWendyD&"
1 E17Wb�by Cobbw.Yer-TOWa/axn ftmbOOOeamOYd
2 NOn•RMppItlw BM-BMBaWad ftbM, A1, bmtnal~ ..
N
/VL~ece~
NUE£ES BAY
PROJECT LOCATION
SOUtHErN MIN~ALS
AGNES
CCIA
CITY PROJECT NO. 8444
LOCATION MAP
NOT TO SCALE
EXHIBIT "D"
UP RIVER ROAD 24-INCH WATER LINE IMPROVE-
MENTS LANTANA ROAD TO IH-37, PHASE 4
CIT~' OF CORPUS CHRISTI, TEXAS
C~TTY COUNC%L EXHZBr_T ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I ol= I
____---
DATE:08-02-2002 ~
10
AGENDA MEMORANDUM
October 8, 2002
SUBJECT: Corpus Christi International Airport Terminal Roadway and Parking Lot
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
engineering laboratory, inspection and materials testing service contract in the amount of
$40,062.00 with Professional Services Industries (PSI) for the Corpus Christi Intemational
Airport Roadway and Parking Lot Improvements (Phases 2, 3, and 4) (1019).
ISSUES:
Award of a materials inspection and laboratory testing contract is necessary to ensure the
materials and construction conforms to the plans and specifications.
FUNDING: Airport Capital Projects Funds has the required funds available.
RECOMMENDATION: Approval of the motion as presented.
Dave Hamrick
Director of Aviation
scobar, P. E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Site Map
Exhibit C. Project Budget
H:\HOME\KEVINS~GEN~AIR\981MPRVN\Iandside\LabAmend 1 Memo.doc
BACKGROUNDINFORMATION
PROJECT DESCRIPTION: The project consists of the construction of a loop road and
access roads, a reconstructed and enlarged parking lot, employee and rent car lots,
underground electrical, storm sewer and water utility lines, roadway and area lighting,
additional pedestrian canopy, security and inspection stations, toll plaza and facilities, and
landscaping. Future phases will include a reconstructed entrance road, drainage and other
improvements.
MATERIALS INSPECTION/TESTING: PSI provided a proposal for Phase 1 materials
inspection and laboratory services. Phase 1 consists primarily of the loop roadway in front
of the new Terminal Building. That contract in the amount of $21,270 was administratively
approved to avoid any construction delay. Future phases were to be addressed through
amendment of the contract.
PSI has now delivered proposals for Phases 2, 3 and 4 of the project. Project phasing was
established to minimize the impact on Terminal users. The phasing does not affect the
services to be performed. Therefore, the three phases are combined into a single
amendment for Council consideration.
The contract fee is based on an estimate of necessary services. Fees will be paid only for
those services actually performed.
ADDITIONAL INFORMATION: The project was originally envisioned to include the
entrance road, loop roadway, service roads, additional parking, improved lighting, and
landscaping. During the design phase, events and available funding dictated that the
project be phased to ensure funding availability.
The original design scope envisioned an urban entrance roadway with curb and gutter.
Funding was not deemed adequate to accommodate an underground storm drainage
system. Drainage was to be discharged into modified ditches along the roadway. The
magnitude of required drainage improvements further increased when development of the
area west of the entrance road was considered.
The events of September 11 and subsequent changes in secudty regulations required the
modification of the plans to allow the utilization of short-term parking and the rental car
parking lots. Although the modifications added to the expense of the project, they were
essential to providing the public with the convenience of nearby short term and rental car
parking.
H:\HOME\KEVINS\GEN~AIR\981MPRVN~Iandside\LabAmend 1BackgroundExhA.doc
EXHIBIT A
Page 1 of 3
The importance of maximizing customer convenience continued to be central to the design
process. An important component of customer convenience was the need to provide
shade and weather protection for pedestrians. This resulted in the extension of the central
canopy.
Council was informed that the project would be phased to ensure the vital elements of the
project could be constructed with available funds.
PRIOR COUNCIL ACTION: Prior Council Action:
March 24, 1998 - Motion authorizing the City Manager to execute a contract in the amount
of $129,000 with RusselI-Veteto Engineering, Inc. (M98-088).
Auqust 25, 1998 - Resolution approving the financial feasibility plan to fund the 5-Year
Capital Improvement Program for CClA, including the Terminal Reconstruction
program (Res. 023426).
March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside
Development concept at CCIA (M99-089).
July 20, 1999 - Adoption of the Capital Budget (Ord. 023703), including Landside Roadway
System - Entrance Road and Parking Lot Improvements projects (Airport ClP
Projects No. 7 & 10).
November 30, 1999 - Motion approving Amendment No. 2 with RVE, Inc. in the amount
of $385,000 for engineering services associated with the roadway/parking lot
improvements (M99-414).
December 18, 2001 - Approval of the roadway/parking lot design for Corpus Christi
International Airport (M2001-482).
January 15, 2002 - Adoption of the Capital Budget (Ord. 024730), including Landside
Roadway System - Entrance Road and Parking Lot Improvements projects (Airport
CIP Projects No. 4 & 5).
January 29, 2002 - Motion approving Amendment No. 6 with RVE, Inc. in the amount of
$146,150 for engineering services associated with revisions of construction
documents for the roadway/parking lot improvements to address FAA security
regulations (M2002-037).
July 9, 2002 ~ Motion authorizing the City Manager, or his designee, to award a
construction contract in the amount of $7,100,922.74 with Berry Contracting, LP
(dba Bay Ltd.) for the Corpus Christi International Airport Roadway and Parking Lot
Improvements, Phase 1.
Prior Administrative Action:
June 28, 1998 - Approval of Amendment No. 1 to the contract with RusselI-Veteto
Engineering, Inc. to reduce construction phase services and the authorized contract
fee by $5,400 for a new total of $123,600.
February 9, 2000 - Approval of contract with Professional services Industries, Inc. (PSI)
in the amount of $13,185 for geotechnical engineering and testing.
May 2, 2000 - Approval of Amendment No. 1 to the contract with Professional services
H:\HOME~KEVINS\GEN~AIR\981MPRVN~andside\LabAmend 1BackgroundExhA.doc
Industries, Inc. (PSI) in the amount of $959 for geotechnical engineering and
testing.
October 27, 2000 - Approval of Amendment No. 3 with RVE, Inc. in the amount of $6,965
for investigation of additional parking lot lighting.
December 29, 2000 - Approval of Amendment No. 4 with RVE, Inc. in the amount of
$14,990 for revision of the construction phasing plan.
January 17, 2002 - Approval of Amendment No. 5 with RVE, Inc. in the amount of
$24,177.62 for preparation of conceptual altematives and presentation materials to
address revised FAA security requirements.
Au,qust 20, 2002 - Approval of Amendment No. 7 with RVE, Inc. in the amount of $10,000
for conceptual design modifications for covered parking and entrance road for
inclusion of underground drainage.
Au(~ust 28, 2002 - Approval of Contract for materials inspection and testing services with
Professional Services Industries (PSI) in the amount of $21,270 for the Corpus
Christi Intemational Airport Roadway and Parking Lot Improvements - Phase 1.
FUTURE COUNCIL ACTION: Council will be requested to act on the following items:
· Award of a change order to modify parking entrances, access control, and other
modifications needed to accommodate future covered parking;
· Award of a contract amendment for design services associated with covered parking
and inclusion underground storm drainage for the entrance road;
· Award of a contract for design build of covered parking;
· Award of a construction contract for the entrance road; and
· Award of a contract for construction materials inspection and testing for the entrance
road.
RECOMMENDATION: Approval of the motion as presented.
H:\HOME\KEVINS\GEN~AIR\981MPRVN~Iandside~LabAmend 1BackgroundExhA,doc
File : \Mproject\councilexhibits\exh1019.dw~l
N
San Patricio Counfy
CORPUS
CHRISTI
BAY
PROJECT LOCATION
1000 INTERNATIONAL ORIV~
CORPUS CHRISTI, TEXAS
LOOATION BAP
NOT TO SCALE
HWY 44 {AGNES ST,)
AIRPORT ENTRANCE ROAD
N
ROADWAY &
PARKING LOT
AIRPORT TERMINAL
CITY PROJECT NO. 1019
SITE LAYOUT
NOT TO SCALE
CORPUS CHRISTI INTERNATIONAL AIRPORT
ROADWAY AND PARKING LOT IMPROVEMENTS
PHASE 2, 3 & 4
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "B"
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I ol= I
____--.-
DATE: 10-08-2002 ~
Corpus Christi International Airport
Roadway and Parking Lot Improvements
Preliminary Project Budget
September 25, 2002
Proiect No. 1019
.'UNDS AVAILABLE:
Airport Capital Improvement Funds
Water Capital Improvement Funds
Total
PRELIMINARY ACTUAL
BUDGET BUDGET
7,690,370 I I
467,585
8,157,955 I I
Construction 7,100,923
Construction Contingencies (5%) 337,927
Design Consultant (Arch ./Engineer) (Pm-rata for Loop 587,283
Roadway & Parking only)
Engineering Reimbursements 7,500
Testing (Geotech & Quality Control) 61,322
Survey 14,000
Inspection 45,000
Miscellaneous Expenses (Printing, Advertising, Express, etc.) 4,000
T°tal I 8'157'955 I I
H:\HOME\KEVINS\GEN~AIR\981MPRVN\LANDSIDE\LABAMEND.EXC
Page 1 of 1
11
AGENDA MEMORANDUM
DATE: September 19, 2002
SUBJECT:
Jamaica Drive Street Improvements (Project No. 6139)
BOND ISSUE 2000 PROJECT NO, C-IR
AGENDA ITEM:
A. Resolution determining the necessity for and ordering the improvement of the following highways in
Corpus Christi, Nuecas County, Texas:
· Jamaica Ddve Street Improvements from Mediterranean to Caribbean
specifying that certain of these improvements will be paid for partly by the City and partly by
assessments while others will be paid for entirely by assessments; and directing the City's Director of
Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk (BOND
ISSUE 2000).
Resolution approving plans and specifications for improvements to the following highways in Corpus
Christi, Nueces County, Texas:
· Jamaica Drive Street Improvements from Mediterranean to Caribbean
approving the Director of Engineering Services' Project Construction Cost Estimate including an
estimate of the portion of costs to be paid by the City and the portion to be paid by assessments;
setting a public hearing on these proposed assessments to occur during the November 19, 2002 City
Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and
ordering the Director of Engineering Services to provide written notice of the public hearing to property
owners (BOND ISSUE 2000).
ISSUE: Jamaica Drive is a rural road section with inadequate shoulders, roadside ditches, and no sidewalks
and need to be reconstructed to urban standards. Reconstruction will provide smoother riding surfaces,
improved drainage, and increased pedestrian safety; and fulfill property owner requests for street and sidewalk
improvements.
FUNDING: Funds to finance the proposed project are available in the Street Bond Fund and Utilities
Commercial Paper Program.
RECOMMENDATION: Staff recommends approval of the Resolutions as presented.
Director of Engineering Services
Additional Support Material:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D'
Exhibit "E"
Exhibit "F"
Exhibit "G'
Exhibit "H'
Exhibit "1"
Agenda Background Material
Location Map
Necessity Resolution
Plan Resolution
Bid Tabulation
Preliminary Assessment Roll
Preliminary Project Budget
Time Schedule
Notice of Proposed Assessments
H:\HOM E~VELMAR~GE N',STREIE~6139 JAMAICA~N ECESSITY~AG EN DA MEMO
SUBJECT:
Jamaica Drive Street Improvements (Project No. 6139)
BOND ISSUE 2000 PROJECT NO. C-IR
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held
on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and
levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by
the voters in Propositions 4 and 5 (Ordinance No. 024269).
2. March 27, 2001 - Motion authorizing the City Manager, or his designee, to execute an engineering
services contract in the amount of $459,300 with Bass & Welsh Engineering, Inc. for Neighborhood Street
Reconstruction at the following sites:
· Laguna Shores Road
· Azores Road
· Catcay Road
· Jamaica Drive (Motion No. M2001-122).
3. February 12, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1
to the Engineering Services Contract for design, bid, and construction phase services of the Riviera Lift
Station in the amount of $46,250 with Bass & Welsh Engineering, Inc. for Neighborhood Street
Reconstruction along Laguna Shores Road (Motion No. M2002-046).
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and
Safety, Parks and Recre~ition, Street Improvement Projects) to 73 local architectural and engineering
firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public
Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and
engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08. (Public Health
and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering
firms.
4. April 11,2002 - Public Meeting at Flour Bluff Intermediate School to inform Property Owners of upcoming
construction improvements.
FUTURE COUNCIL ACTION: · Holding a public hearing (November 19, 2002)
· Closing the public hearing (November 19, 2002)
· Adopting the preliminary assessment roll (November 19, 2002)
· Awarding construction contract (November 19, 2002)
· Adopting the final assessment roll (tentative date February 2004)
PROCEDURES: Resolution No. 022767 specifies the procedures that apply to the assessment process. (In
the past, ordinances were necessary to initiate the assessment process, which may now be taken via
resolutions). Testimony by the Director of Engineering Services and the city-retained real estate appraiser is
made in writing and filed before the public hearing.
GENERAL: The Tropic Isles Subdivision is an older neighborhood that was originally platted in 1956 along
the east side of Jamaica Drive and dedicated the right-of-way as 50-feet on Jamaica. Areas on the west side
of Jamaica were platted at different times and increased the right-of-way with an additional 10-feet in width.
H:\HOME~VELMAR~GEN\STREET~6139 JAMAICA~ ECESSITY'~,G EN DA BACKGROUND
EXHIBIT "A"
Page 1 of 2
These subdivisions included the following: · Caribbean Place Unit 1 platted in 1961
· Caribbean Place Unit 4 platted in 1971
· Caribbean Place Unit 3A platted in 1972
· Caribbean Place Unit 3B platted in 1975
The area is comprised primarily of residential house district. The deteriorated condition of the public
infrastructure consists of street pavement in poor condition, roadside ditches that provide poor drainage,
asphaltJcaliche driveways and no sidewalks. The utility water and wastewater lines are old and in need of
replacement.
A petition submitted October 5, 1987 and was qualified through the Voluntary Paving Program and approved
for funding in the voter approved November 2000 Bond Election. Utility work will be accomplished prior to
reconstruction of the street so that street and drainage work need not be disturbed in the future for utility
replacement. The project improvements consist of new pavement, curb and gutter, sidewalks, driveways and
storm drainage, plus water/wastewater improvements.
PROJECT DESCRIPTION: This project consists of the complete removal of about 2,600 linear feet of street
and replacement with a new 28-foot back of curb to back of curb street containing concrete curbs and gutters,
4-feet concrete walks, Portland cement stabilized base and asphalt surfacing, the removal of existing sanitary
sewer gravity mains and service laterals and replacement thereof with about 2,400 linear feet of new 8-inch
and 10-inch PVC gravity mains and service laterals, the construction of a new storm sewer system consisting
of inlets and about 1,900 linear feet of underground storm sewer pipes, the removal of existing water mains
and water laterals and replacement with about 2,600 linear feet of new 8-inch PVC water line with 6-inch
laterals and service connections and other work as shown in the plans and specifications required to complete
the project, in accordance with the plans, specifications, and contract documents.
CONTRACT BIDS: The preliminary assessment roll is based on bid proposals received for the project on
Wednesday, August 28, 2002. The project consists of a Base Bid; and Salinas Construction Technologies of
Pleasanton, Texas was the lowest responsible bidder at $1,064,545.70. The engineer's estimate is
$1,050,110. Two (2) bid proposals were received; and the bids range from $1,064,545.70 to $1,408,074.65.
Working time for completion of this project is 280 calendar days.
H:\H OM E~VE L MAR~GEN~STREE~6 ~ 39 JAMAICA~N ECES SITY~GENDA BACKGROUND
EXHIBIT "A"
Page 2 of 2
File : ~Mpro/ect\councilexhibits~exh6139.dw~
/C~.~ ~ ~r / / PROJECT S~TE
VICINITY ~P
PROJECT No. 613g NOT ~0 ~C~ EXHZBZT "B"
J~ZCA STREET IMPROVEMENTS FROM cz~ COUNCZL EXHZBZT ~
DEPAR~ENT OF ENGINEERING SER~C~S
BEDZTER~E~ TO C~ZBB~ P~GE: ~ of 1
CI~ OF CORPUS CHRISTI, TEXAS DATE: 09-09-2002 ~
RESOLUTION
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLOWING HIGHWAY IN CORPUS
CHRISTI, NUECES COUNTY, TEXAS: JAMAICA STREET FROM
MEDITERRANEAN TO CARIBBEAN, SPECIFYING THAT CERTAIN OF
THESE IMPROVEMENTS WILL BE PAID FOR PARTLY BY THE CITY
AND PARTLY BY ASSESSMENTS WHILE OTHERS WILL BE PAID FOR
ENTIRELY BY ASSESSMENTS; AND DIRECTING THE CITY'S
DIRECTOR OF ENGINEERING SERVICES TO FILE A NOTICE OF
PROPOSED ASSESSMENTS WITH THE NUECES COUNTY CLERK
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. Under Corpus Christi City Charter Article X, Section l(a)(12) and Texas
Transportation Code Chapter 313, the city council determines that it is necessary to improve and
orders the improvement of the following highway in the city:
Jamaica Street from Mediterranean to Caribbean.
As specified in more detail in Project plans and specifications, the Jamaica Street
Improvements Project will include:
1. filling, grading, lowering, paving, or repairing the streets in a permanent manner;
2. widening the streets to 28 and 36 feet back of curb to back of curb;
3. constructing and realigning curbs, gutters, and sidewalks; and
4. constructing driveways.
For purposes of this resolution, "highway" includes any part of a street, alley, public
place, or square including a part let~ wholly or partly unimproved in connection with another
street improvement.
SECTION 2. The Project consists of three categories of improvements: a) street, curb,
gutter, and sidewalk improvements to be paid for partly by the city and partly by assessments; b)
driveways to be paid for entirely by assessments; and c) other improvements, to be paid for by
the city, because either the assessment statute does not apply to these improvements or the city is
not making assessments to pay for them. An, assessment against abutting property or affected
railway property will create a lien on the property and a personal habthty and charge agmnst the
property owner.
If the property is exempt from a street improvement assessment lien when the
EXHIBIT"C"
Page 1 of 3
improvements are ordered, then no assessment lien will be created. The owner of the exempt
property, however, will be personally liable for an assessment in connection with the property.
An owner of exempt property may voluntarily execute a Builder's and Mechanic's Lien Contract
and Note to place a lien on the property.
SECTION 3. To ensure that assessment liens take effect as soon as possible, and to
ensure that the liens will apply to the fullest extent even if assessed property is subdivided or
sold, the director of engineering services will file a notice of the proposed assessments with the
Clerk of Nueces County, Texas. This notice will describe, or describe by reference, each parcel
of property abutting the proposed improvements and affected railway property, if any. The
notice will be substantially in the form attached to this resolution as Exhibit 1.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
this the I.~ day of,.~'~%(~r- . 2002.
Approved
James R. Bray, Jr.
City Attorney
By:(.._~ 4>. 1~, ,.~_ I ·
,J~}~ P. Burke, J;. - -~
~]fistant City Attorney -
EXHIBIT "C"
Page 2 of 3 I
CORPUS CHRISTI, TEXAS
DAY OF ,2002
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
EXHIBIT "C"
Page 3 of 3 J
RESOLUTION
APPROVING PLANS AND SPECIFICATIONS FOR
IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN
CORPUS CHRISTI, NUECES COUNTY, TEXAS:
Jamaica Street from Mediterranean to Caribbean
APPROVING THE DIRECTOR OF ENGINEERING
SERVICES PROJECT CONSTRUCTION COST ESTIMATE
INCLUDING AN ESTIMATE OF THE PORTION OF COSTS
TO BE PAID BY THE CITY AND THE PORTION TO BE
PAID BY ASSESSMENTS; SETTING A PUBLIC HEARING
ON THESE PROPOSED ASSESSMENTS TO OCCUR
DURING THE NOVEMBER 19, 2002 CITY COUNCIL
MEETING; DIRECTING THE CITY SECRETARY TO
ARRANGE TO PUBLISH NOTICE OF THIS PUBLIC
HEARING; AND ORDERING THE DIRECTOR OF
ENGINEERING SERVICES TO PROVIDE WRITTEN
NOTICE OF THE PUBLIC HEARING TO PROPERTY
OWNERS
In its Resolution No. passed on October 8,2002, the City Council determined
that it was necessary to improve and ordered the improvement of the following highway in
Corpus Christi, Nueces County, Texas:
Jamaica Street from Mediterranean to Caribbean
In Resolution No. passed on October 8, 2002, the City Council stated that the
Project consisted of 3 categories or improvements: 1) street, curb, gutter, and sidewalk
improvements to be paid for partly by the city and partly by assessments; 2) driveways to be paid
for entirely by assessments; and 3) other improvements, to be paid for by the city, because either
the assessment statute did not apply to these improvements or the city was not making
assessments to pay for them.
The city's department of engineering services prepared detailed project plans and
specifications. The city then received bids to construct the project accordingly.
After evaluating the apparent lowest responsible bid to cdnstruct the Project, the director
of engineering services prepared a Project Construction Cost Estimate (attached as Exhibit A).
This estimate specifies anticipated total Project construction cost and the city portion of this cost,
the preliminary total of assessments, and various assessment rates. The estimate also includes a
bid tabulation and a preliminary assessment roll listing proposed assessments against each
abutting or affected property.
EXHIBIT "D" J
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The project plans and specifications are approved.
SECTION 2. In accgrdance with Texas Transportation Code Section 313.024, the
Project construction cost estimate is approved; however, the assessments listed in the preliminapy
assessment roll cannot be imposed until after a public hearing is conducted in accordance with
state law and the city council's Assessment Process Rules Resolution.
SECTION 3. A public hearing on proposed assessments for the Jamaica Street
Improvements Project will be held during the City Council's NOvember 19, 2002 meeting. This
meeting will begin at 2:00 p.m. in the City Council Chambers, 1201 Leopard, Corpus Christi,
Texas.
SECTION 4. The city secretary will arrange to publish notice of this public hearing in
accordance with the Assessment Process Rules Resolution.
SECTION 5. The director of engineering services will provide written notice of the
public hearing to property owners in accordance with the Assessment Process Rules Resolution.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved this the ~__ day of
James R. Bray, Jr.
City Attorney
/¢hn m. Burke: Jr.
L, Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
,2002.
EXHIBIT "D"
Page 2 of 3 ]
CORPUS CHRISTI, TEXAS
DAY OF ,2002
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
EXHIBIT "D"
Page 3 of 3 I
BID TABULATION
BIDS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
BID DATE: Wednesday, August 28, 2002
Engineers Estimate: $1,050,110.00
Calendar Days: 280
JAMAICA DRIVE STREET
IMPROVEMENTS - PROJECT NO. 6139
Salinas Construction
3734 FM 3006
Pleasanton, TX 78064
W. T. Young Construction
P. O. Box 9197
Corpus Christi, TX 78469
ITEM DESCRIPTION QTY. UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART A - STREET, SIDEWALK AND DRIVES
A-1
2 1/2" HMAC, complete in place per square yard
7,573
S.Y.
$8.00
$60,584.00
$9.30
$70,428.90
A-2
4" RIC Walk, complete in place per square foot
17,886
S.F.
$3.18
$56,877.48
$4.00
$71,544.00
A-3
6" R/C Curb & Gutter, complete in place per linear
foot
5,038
L.F.
$9.00
$45,342.00
$10.20
$51,387.60
A-4
6' R/C Driveway, complete in placer per square foot
12,280
S.F.
54.64
$56,979.20
$6.25
$76,750.00
A-5
10" Cement Stabilized Base to 1' BC, complete in
place per square yard
9,234
S.Y.
$9.43
$87,076.62
$12.00
$110,808.00
A-6
Street Excavation to V BC, complete in place per
squre yard
9,234
S.Y.
$13.81
$127,521.54
$9.60
$88,646.40
A-7
Traffic Control during construction for Street and
Surface Items, complete in place per lump sum
1
L.S.
$12,772.27
$12,772.27
$8,000.00
$8,000.00
A-8
Ozone Days, complete in place per each
3
EA.
$1,000.00
$3,000.00
$200.00
$600.00
A-9
Remove and Relocate Fence, complete in place per
lineal foot
1 600
L.F.
$11.42
$6,852.00
1 $12.001
$7,200.00
SUBTOTAL PART 'A' - STREET AND SURFACE ITEMS - ITEMS (A1 -A9) $457,005.11 $485,364.90
Page 1 of 4
JAMAICA DRIVE STREET
IMPROVEMENTS - PROJECT NO. 6139
Salinas Construction
3734 FM 3006
Pleasanton, TX 78064
W. T. Young Construction
P. O. Box 9197
Corpus Christi, TX 78469
ITEM DESCRIPTION CITY. UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART B - STORM SEWER
B-1
5' Special Inlet, complete in place per each
5
EA.
$3,914.29
$19,571.45
$2,260.00
$11,400.00
B-2
5' Inlet, complete in place per each
11
FA.
$2,373.61
$26,109.71
$2,280.00
$25,080.00
B-3
15" RCP, complete in place per linear foot
747
L.F.
$33.51
$25,031.97
$42.00
$31,374.00
B-4
18" RCP, complete in place per linear foot
1,188
L.F.
$36.59
$43,468.92
$65.00
$77,220.00
B-5
Manhole, complete in place per each
4
EA.
$2,173.65
$8,694.60
$2,850.00
$11,400.00
B-6
Temporary Pavement Patching, complete in place
per square yard
506
S.Y.
$28.68
$14,512.08
$46.00
$23,276.00
B-7
Permanent Pavement Patching, complete in place
per square yard
5
S.Y.
$67.34
$336.70
$46.00
$230.00
B-8
Trench Safety for Storm Sewer Pipes, complete in
place per linear foot
1,935
L.F.
$1.00
$1,935.00
$2.00
$3,870.00
B-9
Traffic Control during construction for Storm Sewer,
complete in place per lump sum
1
L.S.
$4,257.42
$4,257.42
$8,000.00
$8,000.00
B-10
Brick Manhole Riser on existing RIC J -Box,
complete in place per each
1
EA.
$750.00
$750.00
$900.00
$900.00
B-11
Adjust (Convert) RIC inlet to Junction Box,
complete in place per each
5
EA.
$1,768.43
$8,842.15
$1,740.00
$8,700.00
B-12
Storm Water Pollution Prevention, complete in
place per lump sum
1
L.S.
$15,500.00
$15,500.00
$24,000.00
$24,000.00
B-13
Grass Sodding, complete in place per square yard
2,580
S.Y.
$0.65
$1,677.00
$10.80
$27,864.00
B-14
12" RCP, complete in place per lineal foot
75
L.F.
$41.70
$3,127.50
$49.00
$3,675.00
SUBTOTAL PART "B" - STORM SEWER - ITEMS (B1 -B14) $173,814.50 $256,989.00
Page 2 of 4
Page 3 of 4
Salinas Construction
W. T. Young Construction
JAMAICA DRIVE STREET
3734 FM 3006
P. O. Box 9197
IMPROVEMENTS - PROJECT NO. 6139
Pleasanton, TX 78064
Corpus Christi, TX 78469
ITEM DESCRIPTION CITY. UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART C - SANITARY SEWER
PVC Sanitary Sewer Service with Cleanout,
C-1
complete in place per each
37
EA.
$695.19
$25,722.03
$1,440.00
$53,280.00
C-2
8" PVC Pipe, complete in place per linear foot
50
L.F.
$21.01
$1,050.50
$150.00
$7,500.00
C-3
10" PVC Pipe, complete in place per linear foot
2,535
L.F.
$23.01
$58,330.35
$63.25
$160,338.75
4' Dia. FG Manhole 4'- 6' Deep, complete in place
C-4
per each
7
EA.
$2,930.71
$20,514.97
$2,900.00
$20,300.00
4' Dia. FG Manhole 6'- V Deep, complete in place
C-5
per each
1
EA.
$2,925.06
$2,925.06
$3,430.00
$3,430.00
4' Dia. FG Manhole 8'- 10' Deep, complete in place
C-6
per each
2
EA.
$3,604.19
$7,208.38
$4,680.00
$9,360.00
5' Dia. FG Manhole 10'- 12' Deep, complete in
C-7
place per each
1,750
L.F.
$30.31
$53,042.50
$24.00
$42,000.00
Temporary Pavement Patching, complete in place
C-8
per square yard
830
S.Y.
$28.68
$23,804.40
$46.00
$38,180.00
De -Watering for Sanitary Sewer, complete in place
C-9
per linear foot
2,600
L.F.
$4.15
$10,790.00
$12.00
$31,200.00
Crushed Stone Embedment for Gravity Sanitary
C-10
Sewer Pipe, complete in place per lineal foot
2,585
L.F.
$9.08
$23,471.80
$19.00
$49,115.00
Permanent Pavement Patching, complete in place
C-11
per square yard
60
S.Y.
$67.34
$4,040.40
$46.00
$2,760.00
Trench Safety for Sanitary Sewer Service Pipes,
C-12
complete in place per lineal foot
2,585
L.F.
$1.00
$2,585.00
$5.00
$12,925.00
Traffic Control during construction for Sanitary
C-13
Sewer, complete in place per lump sum
1
L.S.
$4,257.42
$4,257.42
$8,000.00
$8,000.00
Rehabilitate Existing Manhole (install fiberglass
C-14
liner), complete in place per each
1
EA.
$3,427.70
$3,427.70
$2,880.00
$2,880.00
Wastewater Utility Allowance, complete in place per
C-15
lump sum
1
L.S.
$12,000.00
$12,000.00
$12,000.00
$12,000.00
SUBTOTAL PART 'C' - SANITARY SEWER - ITEMS (C1 -C15) $253,170.51 $453,268.75
Page 3 of 4
JAMAICA DRIVE STREET
IMPROVEMENTS - PROJECT NO. 6139
Salinas Construction
3734 FM 3006
Pleasanton, TX 78064
W. T. Young Construction
P. O. Box 9197
Corpus Christi, TX 78469
ITEM DESCRIPTION --F-Q-T-YF UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART D - WATER
D-1
1" Single Water Service, complete in place per
each
38
EA.
$649.28
$24,672.64
$760.00
$28,880.00
D-2
6" DI 90 -degree EL, complete in place per each
2
EA.
$246.08
$492.16
$300.00
$600.00
D-3
6" Gate Valve wBox, complete in place per each
10
EA.
$879.42
$8,794.20
$840.00
$8,400.00
D-4
6" PVC Pipe, complete in place per lineal foot
300
L.F.
$19.12
$5,736.00
$30.00
$9,000.00
D-5
6" X 6" X 6" Tee, DI, complete in place per each
1
EA.
$248.95
$248.95
$384.00
$384.00
D-6
6" DIA X 30" PVC Pipe Nipple, in place per each
2
EA.
$277.65
$555.30
$150.00
$300.00
D-7
8" x 6" DI Reducer, complete in place per each
31
EA.
$375.38
$1,126.14
$228.00
$684.00
5-8
8" x 8" x 6" Tee, DI complete in place per each
61
EA.
$411.73
$2,470.38
$372.00
$2,232.00
D-9
8" PVC Pipe, complete in place per linear foot
2,6301
L.F.
$21.47
$56,466.10
$28.00
$73,640.00
D-10
8" Gate Valve wBox, complete in place per each
9
EA.
$1,072.07
$9,648.63
$1,000.00
$9,000.00
D-11
Temporary Pavement Patching, complete in place
per square yard
272
S.Y.
$28.68
$7,800.96
$46.00
$12,512.00
D-12
Fire Hydrant Assembly, complete in place per each
7
EA.
$3,011.58
$21,081.06
$3,120.00
$21,840.00
D-13
Trench Safety for Water Pipes, complete in place
per linear foot
2,930
L.F.
$1.00
$2,930.00
$2.00
$5,860.00
D-14
6" DI 45 -degree EL, complete in place per each
16
EA.
$263.18
$4,210.88
$360.00
$5,760.00
D-15
Water Tie In (6" Pipes and Larger), complete in
place per each
9
EA.
$1,664.20
$14,977.80
$840.00
$7,560.00
D-16
Traffic Control during construction for Water,
complete in place per lump sum
1
L.S.
$4,257.42
$4,257.42
$8,000.00
$8,000.00
D-17
12" Tapping Saddle with 8" Tapping Gate Valve,
complete in place per each
1
EA.
$5,103.20
$5,103.20
$2,880.00
$2,880.00
D-18
8" DI 45 -degree EL, complete in place per each
4
EA.
$356.94
$1,427.76
$480.00
$1,920.00
D-19
6" AC Water Pipe Disposal, complete in place per
lineal foot
100
L.F.
$15.56
$1,556.00
$60.00
$6,000.00
D-20
Water Utility Allowance, complete in place per lump
sum
1
L.S.
$7,000.00
$7,000.00
$7,000.00
$7,000.00
SUBTOTAL PART 'D" - WATER - ITEMS (D1 -D20) $180,555.58 $212,452.00
TOTAL BASE BID (PARTS A, B, C, D) $1,064,545.70 $1,408,074.65
9X
to 2
.t W
0
O
A _
Page 4 of 4
EXHIBIT"F" I
Page 1 of 11
Page 1 of 11
Preliminary Assessment Roll
Jamaica Dr. - Caribbean Dr. to Mediterranean Dr., 6139
9-30-02
a~ D~r.~lon Quantit~ De~crl~lon ~e Amount Amount
I EXHIBIT "F'
Page2ofll I
Page 2 of 11
Preliminary Assessment Roll
Jamaica Dr. - Caribbean Dr. to Mediterranean Dr., 6139
9-30-02
and D~o~tl~lon Quanttt( Do~crytlofl Rate ~unt ~unt
IEXHIBIT "F"
Page3ofll I
Page 3 of 11
Preliminary Assessment Roll
Jamaica Dr. - Caribbean Dr, to Mediterranean Dr., 6139
9-30-02
I EXHIBIT "F"
Page4of11 I
Page 4 of 11
Preliminary Assessment Ro~l
Jamaica Dr. - Caribbean Dr. to Mediterranean Dr., 6139
9-30-02
and I~scd~)n Quaotlt~ Desc, dldloa Rate Amount Amount
21 Doggett. John R. 72.69 ff. Curb, Gutter and Pavement - Fr~3t ~ S9.75 per ft. = S708.73
3219 Jamaide Dr/ye 0.00 ft. Curb, Gutter and Pavement ~ Side ~ $4.88 per ft. = S0.0C
C~q~us Christi. TX 78418 227.56 ft. 4 fl. Wide Sidewalk - Front ~ $1.00 per ft. = $227.5~
3219 Jamaica Dr. 0.00 ft. 4 · Wide Sidewalk - Side ~ $0.50 per ft. = $0,0(~
Lot 28. Block 9 277.80 sf I - 15.8 fl. W'ide Ddveway @ $5.01 per ft. = $1,391.78
Tropic Isles 0.00 sf No Second Ddveway ~ $5.01 per ft. = $0.0~
0.00 ft. NO Extras ~ $0.00 per ft. =
22 Pana, Is/eel J~ 72.69 ft. Curb, Gutter end Pavement - Front ~ $9.75 per ft. -- $708,73
Rt. 3. Box 3P 0.00 ft. Curb, Gutter and Paverne~t - Side ~ $4.88 per ff. = $0.06
Laredo, TX 7ft403 290,76 ft, 4 ft. Wide Sidewalk - Front ~ $1.00 per ff. = $290.76
32t3 Jamaica Dr. 0.00 ff. 4 ft. Wide Sidewalk - Side @ $0.50 per ft. = $0.00
Lot 27, Block 9 0.00 sf No DHveway @ $5.01 per ft. = $000
Tropic Isles 0,00 sf No Second Ddveway @ $5.01 per ft. = $0.00
B~46-0~09-0270 0.00 ft. No Extras @ $0.00 per ft. = $0.00
0.00 ft. No Extras @ $0.00 per ft. = $0.00
23 Wa/den, Michael Stephen 72.68 fl. Curb, Gutter and Pavement - Front ~ $9.75 per ff. = $708,63
CO~TPUS Christi, TX 78416 227.52 fl. 4 ff. Wide Sidewalk - Front @ $1.00 per ft. = $227.52
3207 Jamaica Dr. 0.00 ft. 4 ff. Wide Sidewalk - Side @ $0.50 per ft. = $0.00
LOt 26, Block 9 277.80 sf 1 - 15.8 ft. Wide Driveway @ $5.01 per ft = $1,391.78
I'roplc Isles 0.00 sf NO Second Driveway @ $5.01 per ft. = $0,00
0.00 ft, No Extras @ $0.00 per fl. = $0.00
R-lB $2,327.93
24 Bronson, James M. 145,36 fl. Curb, Gutter and Pavement - Front @ $9.75 per ft. = $1,417.26
3201 Jamaica D~ve 0,00 ft Curb, Gutter and Pavement - Side @ $4.89 per fl. = $0.00
Co~pus Christi, TX 78418 494.24 ft. 4 ff. Wide Sidewalk - Front @ $1.00 per ft. = $494.24
320t Jamaica DHve 0.00 ft. 4 ff. Wide Sidewalk - Side @ $050 per ft. = $0.00
tropic Isles 199.40 sf I - 10,9 fl, Wide Driveway @ $5.01 per ft. = $998.99
0.00 ft. No Extras @ $0.00 per ff. $9.00
:~-IB $3,909.48
25 ~lumberg, Helen M. 72.68 ft. Curb, Gutter and Pavement - Front @ $9+75 per ft. $708.63
~*pus Christi, TX 78418 224.32 ft. 4 ft. Wide Sidewalk - Front @ $1.00 per fi. $224.32
3¶41 Jamaica Dr. 0.00 ff. 4 ft. Wide Sidewalk - Side @ $0.50 per ft. $0.00~
lot 23. Block 9 290.60 sf 1 - 16.6 fl Wide Driveway ~ $5.01 per fl. $1.455,91
tropic Isles 0.00 sf No Second Driveway @ $5.01 per ff. $0.00
0.00 ff. NO Extras @ $0.00 per ff. $0.(X
I EXHIBIT "F"
Page 5 of 11
Page 5 of 1 ~i
Prelimina~/Assessment Roll
Jamaica Dr. - Caribbean Dr. to Mediterranean Dr., 6139
9-30-02
and D~tl~tlon Quantit~ D~lcrlrtlon R~te A~oum Amount
R-lB $2,426.94
End Jamaica Dr. - Southeast Side
From Caribbean Dr. to Mediterranean Dr.
I EXHIBIT "F'
Page60fll I
Page 6 of 11
Preliminary Assessment Roll
Jamaica Dr. - Caribbean Dr. to Mediterranean Dr., 6139
9-30-02
I Proper~O~mer I A~se~tment A~se~ment Asl~e,$rnent ~se*.~nt ~ T~I
~in Jamai~ Dr. - No.west Side
Fr~ Caribbean Dr. to Med~effanean Dr.
~-IB $38.00
000 sf No S~nd Ddveway ~ $5.01 per ff. = $0.0~
R-lB $164.90
3f ~7 Coveway Dr. 0.~ ff. 4 fl. Wide SId~alk - Front ~ $1,00 ~r ff = $0.00
L~ 5, Block 1 0.00 sf No Ddveway ~ $5.01 per fl. = $0,00
Caribbean Place Unit 1 0.00 sf NO S~nd Ddveway ~ $5.01 per fl, = $0.00
R-lB $164.90
I EXHIBIT "F"
Page 7 of 11
Page 7 of 11
Preliminary Assessment Roll
Jamaica Dr. - Cadbbean Dr. to Medi~rranean Dr., 6139
9-30-02
and O~c~t~on Qu~ntlt~ D~scri~lofl Rate Amount Amount
I EXHIBIT "F" J
Page 8 of 11
Page 8 of 11
Preliminary Assessment Roll
Jamaica Dr. - Caribbean Dr. to Mediterranean Dr., 6139
9-30-02
and Description Quintlt~ Descrl~on Rate ,~munt Amount
IEXHIBIT"F"
Page 9 of 11
Page 9 of 11
Preliminarj Assessment Roll
Jamaica Dr. - Caribbean Dr. to Meditenanean Dr., 6139
9-30-02
and D#r,d~on Quantlt~ ~r.d~lon Rate An'~unt Amount
Lot 20, Block 3 360.00 ft. 4 ft. Wide Sidewatk - Side @ $0,50 per ft. : $180.00
I EXHIBIT "F"
Page 10 of 11 I
Page 10 of 11
Prelimina~ Assessment Roi{
Jamaica Dr. -Cadbbean Dr. to Mediterranean Dr., 6139
9-3002
and Descll~tlon quanflt~ De~rll)flon Rate Amount Amount
0.00 ft. No Extras @ $0.00 per ft. = $0.00
0.00 ft. No Extras @ $0.00 per ft. $0.0(
¢02 Medite~anean Dr. 0.00 ff. 4 ft. Wide Sidewalk - Front @ $1.00 per ft, $0.0(
End Jamaica Dr, - Northwest Side
From Caribbean Dr. to Mediterranean Dr.
EXHIBIT "F"
Page 11 of 11
Page 11 of 11
PRELIMINARY PROJECT BUDGET
JAMAICA STREET IMPROVEMENTS
FROM MEDITERRANEAN TO CARIBBEAN
(Project No. 6139)
September 13, 2002
FUNDS AVAILABLE:
Streets .......................................................................................
Storm Water .................................................................................
Wastewatar .................................................................................
Water ..........................................................................................
Total ..........................................................................................
FUNDS REQUIRED:
Construction (Salinas Constr. Technologies):
Street ............................................................
Storm Water ...................................................
Wastewater ...................................................
Water ............................................................
$457,005.11
173,814.50
253,170.51
180,555.58
Subtotal Construction ..................................................................
Contingencies ..............................................................................
Consultant (Bass & Welsh Engineering) .............................................
Consultant (Goldston Engineering) ...................................................
Consultant (James K. Lontos, P, E.) ................................................
Finance Reimbumements ...............................................................
Engineering Reimbursements .........................................................
Testing (Fugro South, Inc.) ...............................................................
Bond Issuance Expense ..................................................................
Misc. (Printing, Advertising, etc.) ......................................................
Total ..........................................................................................
$601,175.20
214,310.22
303,686.11
228,891.96
$1,348,063.49
$1,064,545.70
106,454.57
140,000.00
5,411.00
368.18
3,878.89
11,844.28
1,980.00
10,826.43
2,754.45
$1,348,063.50
IEXHIBIT "G"
Page I of 1 I
TIME SCHEDULE
Jamaica Drive Street Improvements
from Mediterranean to Caribbean
Receive Bids August 28, 2002
Determination of Necessity and Schedule Public Hearing October 8, 2002
Advertise for three (3) consecutive weeks:
lS' advertisement October 14, 2002
2na advertisement October 21, 2002
3r~ advertisement October 28, 2002
Deadline to advertise 21s~ day before Public Hearing October 29, 2002
Mail out individual notices October 31,2002
Deadline to send out individual notices 14th day before November 5, 2002
Public Hearing
Public Hearing and Award Contract November 19, 2002
Pre-Construction Meeting December 23, 2002
Notice to start Construction January 27, 2003
Complete Construction (280 Calendar Days) December 2003
EXHIBIT "H" I
Page I of 1
H:IHO M E~VEL MAR\GEN~STRE ET~6139 JAMAICA\N EC ESSITY~TIM E SCHEDULE
NOTICE OF PROPOSED ASSESSMENTS
Preliminary Assessment Roll
Jamaica Ddve Street Improvements
from Mediterranean to Caribbean
This street shall be constructed by excavation to a width and depth to permit the laying
of a standard 6-inch curb and gutter section, 10-inch cement stabilized base, 2.5-inch
hot mix asphaltic concrete pavement. The street shall be 28-feet and constructed within
the existing right-of-way. There will be 4-foot wide standard reinforced concrete
sidewalks 4-inches thick with ADA compliance and 6-inch thick reinforced concrete
driveway.
The assessment rates have been calculated in accordance with the City's current
assessment policy and the Iow bid prices submitted by Salinas Construction
Technologies of Pleasanton, Texas. The assessment rates are as follows:
Bid Prices for
Assessable Maximum
Item Improvements Plus Assessment
Engineering Costs Rates per C. C.
(Adjusted per C. C. Code Code Section 49-21
Section 49-21)
6" C. G. & PVMT.-28'-0" B-B $27.37 $19.50
Sidewalk - 4' Conc. SAN $2.75 $1.00
Driveways $5.01 $5.01
Residential, Church, School Property
6" C. (3. & PVMT. $9.75
Sidewalk (4') $1.00
Driveways $5.01
Actual Cost '~ Street (C. G.,
Pavement 28' B-B) Base Bid $57.74
Total Bid Price $1,064,545.70
Preliminary Assessments $93,591.72
City Share $970,953.98
!
~/ng~l R~ Escobar, P.E., ' '
'Director of Engineering Services
H:\HOML~VEL MAR~G E N'.~TREET~ 139 JAMAICA\N ECESSITY~NOTIC E OF PROPOSED ASSESSMENTS
EXHIBIT "1" I
Page 1 of I
12
AGENDA MEMORANDUM
DATE: October 2, 2002
SUBJECT:
Temporary Closing of Chaparral Street for Harley-Owners Group Corpus
Christi Bikers Rally
AGENDA ITEM:
1. Motion approving the application by the Harley-Owners Group for the temporary closing of
Chaparral Street between Lawrence Street and William Street, between 5:00 p.m., Thumday,
October 17, 2002 and 2:00 a.m., Friday, October 18, 2002, pending proof of insurance.
ISSUE: The Harley-Owners Group has requested a temporary closing of a section of Chaparral
Street in the Downtown Business District to accommodate the parking of this groups' Harley-
Davidson motorcycles during an evening of shopping, dining and entertainment at the many
restaurants, stores and nightclubs in the downtown area.
REQUIRED COUNCIL ACTION: Per the provisions of ~3~LiJ~a[~s Section 49-16,
Application for temporary street closings on major streets must be submitted to the City Council for
consideration of approval.
RECOMMENDATION: Staff recommends approval of the motion for the temporary street closing.
Exhibits
1.
2.
4.
5.
6.
7.
8.
'Angel R. Escobar, P.E.
Director of Engineering Services
Additional Information:
Site Map
Correspondence from Harley-Owners Group
List of Biker Rally Events
Schedule of Biker Rally Events
Biker Rally Sponsors
Special Events Permit
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND INFORMATION: Corpus Chdsti was selected by the Harley-Owners Group
(H.O.G.) to host the 2002 Texas State Harley-Owners Group Rally. The Texas State Rally, Inc.
was incorporated by H.O.G., a division of the Harley-Davidson Motor Company, to promote and
state the yearly Texas State H.O.G. Rally, which is one of 47 state rallies conducted each year.
Since its inception in 1983, H.O.G. has become the largest factory sponsored motorcycle club in
the world with over 325,000 members.
Economic Impact: Although an estimated 400 biker participants will attend the H.O.G. Rally, it is
estimated some 3,000 visitors will attend the 3-day Rally event which will result in a positive
revenue impact for area merchants. The H.O.G. Rally will consist of a number of festivities for its
members, kicking-off with an evening of bike-parking, dining and entertainment on Chaparral Street
on Thursday, October 17, 2002 at 5:00 p.m.. Festivities will also include a Harley parade on Ocean
Drive and a private concert and dance at Memorial Coliseum.
Chaparral Street Closing: (Exhibit 2) The proposed temporary closing of Chaparral Street will
entail no street festivities, vendors, sale of goods, or any other uses of the public right-of way, and
will only provide an opportunity for a centralized parking of the participants' Harley-Davidson
motorcycles for increased security and display to the general public. The H.O.G. organizes will hire
off-duty Police officers to secure and patrol Chaparral Street during the temporary street closing.
All east-west streets (crossing Chaparral Street) will remain opened to traffic during the requested
Chaparral Street closing, with motor traffic on Chaparral detoured to Water and Mesquite Streets.
Support by Downtown Business District and Abutting Property Owners: The Downtown
Management District (DMD) have discussed the proposed street closing in its meeting, with the
consensus that the DMD support of this event based on the approval of abutting memhants and
property owners. All memhants and property owners along the section of Chaparral Street
requested for temporarily closure have agreed to the proposed street closing.
PROPOSED TEMPORARY CLOSING OF
CHAPARRAL ST. FOR CORPUS CHRISTI
BIKER RALLY
BUFFA~
LEOpA~
ST.
STARR ST.
PEOPLES ST.
SUBJECT:
CITY COUNCIL EXHIB%T 2
TEMPORARY CLOSING OF CHAPARRAL ST.
FOR CORPUS CHRISTI BIKER RALLY
SITE MAP
Traffic Engineering Div,
Engineering Services Dept,
EXHIBIT 4
October 2, 2002
Via Hand belivery
Mr. C..T. Rodriguez
Traffic Engineering Division
City of Corpus Christi
120! Leopard
Corpus Christi, Texas 78469
Re: Corpus Christi Biker Rally
bear AAr. Rodriguez:
Thank you for your help and consideration of our street closure request for the upcoming
Corpus Christi Biker Rally. I have enclosed the completed Application For Permit To Close Street For
Public Event along with our check in the amount of $200.
Our interest in closing the street on Thursday evening, October 17, 2002 has to do with o
"Walking Poker Run" that will benefit Halo Flight and Special Olympics. These are both charities in our
community that our worthy of this type of support.
We are requesting that the city waive the insurance requirements as it is our understanding
that has been done in the past for similar groups. However, we are only making that request because
of the time issue in submitting this information timely to the counsel. ]] can assure the city we will
have insurance in place os represented by the enclosed insurance proposal on or before the event. We
simply have not secured that coverage as we have other proposals being submitted. Again, we will hove
coverage, but ore requesting the waiver because of the time issue.
Finally, I om enclosin9 the Petition for Street Closure documents that we had executed. AS
you can see one of the owners would only sign if we limited our request to the 300 block of Chaparral
Street.
Again, I appreciate your help and if you need anything further do not hesitate to contact me.
Sincerely,
M. Randall Hicks
Corpus Christi Biker Rally
P. O. Box 270394
Corpus Christi, Texas 78427
09/27/02 17:04 FAX 4014335460 NAUGHTON INS ~001
Naughton Insurance, Inc.
L365 Wren ~oag Trail, ~s! Providcnce, RI 02915
l~Mall Adde¢_t< In fo O naught ord~ urL~l¢¢ .,'0m
Mall Atldre~: EO. Box 619~, Prov{dcne¢, RI 02940
TRANSMITTAL COVER SHEET
DATE: September 27, 2002
TO:
Mr. Randall Hicks
FAX NO,: 1-877-847-0248
FROM: Kevin J. Naughton
SUBJECT: TGOB, L.L.C. d/b/a Corpus Christi Biker Rally
NO. OF PAGES INCL.
THIS COVER SHEET: 2
MESSAGE:
Randall:
Attached p~ease find our proposal for the Corpus Christi Biker
Rally.
Should you wish to proceed with this coverage, kindly forward your
check for ~he premium as shown prior to your event date.
Y~TN/cll
Attachment
KJN/156641
09/27/02 17:04 FAX 4014335460 NAUGItTON INS ~002
?
TGOB, LLC. D/BIA CORPUS CHRISTI BIKER RALLY
2002 MOTORSPORTS INSURANCE PROPOSAL
PRIMARY LIABILITY
Premises Liability
Spectator Liability
Products Liability (Food,
Concessions)
Personal Injury Liability
Special Vehicles Coverage ($50,000)
Incidental Medical Malpractice
Professional Liability-EMT's
Nurses, Pargmedics
Named Peril Pollution Liability
Participant Legal Liability
Errors and Omissions Coverage
(limit $50t000)
Drivers, Car Owners, and Sponsors
Liability
Contractual Liability
TuninG & Testing Liability
Premises DamaGe Liability
($100,000)
Fireworks Liability-Sponsor's Risk
Coverage provided for the Corpus
Christi Motorcycle Rally to be
held on October 17 - 20, 2002.
Limit:
$1,000,000 Per Occurrence, No Aggregate
'Subject to a $250 Deductible, Property Damage 0nly
Insurance Company: St. Paul Surplus Lines Insurance Company
FLAT ANNUAL PREMIUM including surplus lines tax.
PETITION FOR STREET CLOSURE
Event: The Corpus Christi Biker Rally - Thunder by the Bay is
Date: Friday, October 17, 2002
Location: 200, 300, & 400 blocks of Chaparral Street
Event Time: 8:30 p.m.
Street Closure Time: 5:30 p.m.
Vendors: No outside vendors
Pedestrian Access: No gate - open to the public
Security: Security is being worked through the Police Department under the
advisement of Police Chief Alvarez.
Corpus Christi Biker Rally - Thunder by the Bay is planning an event in Downtown
which will take place on the 200 - 400 blocks of Chaparral Street. This event will
involve the parking of hundreds of bikes on Chaparral Street during the hours of 8:30
p.m. until approximately midnight. It is estimated this event will bring approximately
__ people into the Downtown area.
Educational Services-Jim Carlisle /
Gordon Cizon
Bobby Morris
Theo Dimopoulos
.j~ ~Gene A~llen
Robert Racusin
Thomas King
Janet or Buz Maxwell
Fred Baker or Erik Ward
'!
Sea Gulf Villa - Preston Bishop
Jack O'Hara or Joe Afram
Parking Lot - Trammel Crow
Rochel Melcher
- ~on~a ~ilvertooth
Lynn Allison
FROM :
FAX NO. :
Sep. 20 2002 02:20PM P1
PETITION FOR STIlE, ET CLOSURE
The corPus Chriati Bik~ Rall~ - Tbtmdcr by the Bay is
Fricl~y, O~tober 17, 2002
l~uation:
200, 300, ~Z 400 blocks og Chaparral $,ree~
Event Thee: g:3 0 p.m,
Strut Closure Time: 5:30 p,m,
vendor~:
No ou~d.e velado~
Pedes~ian AcceSs: lqo gate - open to the public
Security:
S~curity is being worked through the Polico Department under tlle
~avi~ment of Police Chler Alvar~z.
Corpul~ Christi Biker Rally - Thund~ by tl~ Bay is pI---~-R ~a event in Dow~town
v~ich will take ptac~ on me 200 - 400 btock~ of C~pa~fi Slr~t- .This event vail
involve th~ lm~king of b~mr]r~ds of bik~ on Clmparm/Stx**t during the hour~ of 8:30
p.m. until appmgimat~ly mickfi41ht. It is cstimat~ this ~v~nt will bring approximately
p~opl= into the Downtown ~ro~.
County Appraisal Di~l,-Ollle Grant
Gordon Cleon
- Patrld{ Beam
Thomas Kaug
Bobby MorriS
,Imxet or Buz Mazwcll
Fred B~k~r or Erlkward
Robert l~¢usin
09/20/2002 FRI 14:10 [TX/RX NO 7003]
PETITION FOR STREET CLOSURE
Event:
Date:
Location:
Event Time:
Street Closure Time:
Vendors:
The Corpus Christi BikEr Rally - Thunder by the Bay is
Friday, October 17, 2002
20(~& 400 blocks of Chaparral Street
:30 p.m.
No outside vendors
Pedestrian Access: No gate - open to the public
Security:
Security is being worked through the Police Department under the
advisement of Police Chief Alvarez.
Corpus Christi Biker Rally - Thunder by the Bay is planning an event in Downtown
which will take place on the 200 - 400 blocks of Chaparral Street. This event will
involve the parking of hundreds of bikes on Chaparral Street during the hours of 8:30
p.m. until approximately midnight. It is estimated this event will bring approximately
people into the Downtown area.
PROPERTY OWNE~,~)
Educational Services-Jim Carlisle
Nueces County Appraisal Dist.-Ollie Grant
Patrick Beam
Thomas King
Janet or Buz Maxwell
Fred Baker or Erik Ward
B~t~ Lomax
~ordon Cizon
Bobby Morris
Thco Dimopoulos
jtene Allen
Robert Racusin
S~P-17-2002 09:01P FROM:
T0:9912492 p:3/4
PETITION FOR STREET CLOSURE
Date:
The Corpus Christi Biker Rally - Thunder by the Bay is
Friday, October 17, 2002
Locatioll:
Event Thnc:
200 300, & 400 blocks of Chapan'al Street
8:30 p.,n.
Street Closurc Time: 5:30 p.m.
Velndors:
No outside vendors
Pedestrian Access:
Security:
No gate open to the public
Security is being worked tltrough the Police Department under the
advisement of Police Chief Alvarez.
Corpus CNdsti Biker Rally - Thnnder by the Bay is plrmning an event in Downtnwn
which will rikc place on the 200 - 400 block~ of Chaparral Street. This cvem will
involve the parking el'hundreds el'bikes on Chaparral Str¢¢~ dm'big die liours of 8:30
pm. until approximately midnight. It is estimated this event will bring approxim~ttely
_ people into the Downtown area.
PROPERTY OWNERS
EducatiOnal Services~kJim Carlisle
Brad Lomax
Nueces Connt3, Appraisal Dist.-OIlie Grant
Gordon Cizon
I atrick Beam
/~¢//..~/.~.T h o m as King
Jartet or Baz Maxwell
Fred [Raker or Erik Ward
Bobby Morris
Thee Dimopoulos
Gene Allen
Robert Racusin
09/23?2002 ~3:~5 36~-88~-~535
Sea Gulf ViIl~, ~ton Bishop
Jack O'Hara or 3oe Afl-am
Parking Lot - Trammel Crow
Roe~-Me~cr
TRAHHEL CROW COMPANY
PAGE
~ooi
01/81
09/23/2002 M0N 14:17 [TX/RX NO 7042]
09/20/2002 14:10 5122092044 AGA PROPERTIES, INC. PAGE 02
PETITION FOR STREET CLOSURE
IS'
Event:
The Corpus Christi Biker Rally - Thunder by the Bay
Date: ~'~, OJct~ober 17, 2002
Location: 200, 300, & 400 blocks of Chaparral Street
Event Time: 8:30 p.m. ~f-'] )
Vendors' No outside vendors
Pedestrian Access: No gate - open to thc public
Security:
Security is being worked through the Police Department under the
advisement of Police Chief Alvarez.
Corpus Christi Biker Rally - Thunder by the Bay is planning an event in Downtown
which will take place on the 200 - 400 blocks of Chaparral Street. This event will
involve the parking of hundreds of bikes on Chaparral Street during the hours of 8:30
p.m. until approximately midnight. It is estimated this event Will bring approximately
__ people into the Downtown area.
PROPERTY. OWN~~
Educational Servlces-Jim Carlisle
.¢B~ Lomax
Nueces CounW/A,A~pyraisal Dist.-Ollie Grant
Patrick Beam
Thomas King
Janet or Buz Maxwell
Gordon .Cizoo
09/23/2002 M0N 14:37 [TX/RX NO 7049]
09/18 '01 19:32 NO.O05 01/01
PETITION FOR STRF. ET CLOSURE
The Corpus Christi Biker Rltlly - Thunder by the Bay is
Friday. October 17, 2002
Location:
200, 300, & 400 blocks of (~apana[ Street
Event Tiroe: 8:30 p.m.
Street Closure Time: 5:30 p,ro,
Vendors:
No outride vendors
Pedestrian Access: No gate - opcn to thc publil;
8e~u.,it3c.
Security i; being worked tl~.ugh the Police Dep'~uq:ment under the
advisement of?olice Chief AJvarez.
Corpus Christi Biker Rally - Thund~l' by the Bay i~; pl~.ni.~ ~m event in Downtown
whic.~ will take place on the 200 - 400 blocks of (llaparr*l $11:eet. This event will
i~volYe the parking of hundreds of bikes ov Chap;~aI Street during the hours of 8:30
p.m. until approxiroately midnight. It i~ estimated Ibis event will bring approximately
people into the Downtown area.
Educational Serwices-J~m Carlisle
/ B~/~ Lomax
Ntl~qj~es Co~ty ~Appraisal D[qt.--Ollie Grant
Cordon Cizon
Bobby Mo'rris
Thoma~ King
Thco Dimopoulos
Jan~ or Buz Maxwell
Fred Baker or Er/k Ward
Robert Racusin
09/23/2002 M0N 15:31 [TX/RX NO 7051]
09/24/2002 10:49 FAX 361 888 6651 DOUG ALLISON ~003
Sca Gulf Villa - Preston Bishop-
Jack O'Hara or Joe Afram
Parking Lot - Trammel Crow
Rochel Melchcr
09/24/2002 TUE 10:44 [TX/RX NO 7068]
Corpus Christi Biker Rally Page 1 of 1
EXHI~T 5
A brand new Open Bike rally comes to Texas October 17, 18, 19 & 20, 2002. Be o part of the first Annual
the Bay" Corpus Christi Biker Rally. Everything from field events to poker runs to o tattoo contest to o pa
like none other in the country.
Vendors
Parade Around the Bay
Loud Bike Contest
Sunday Services
Dealer Party
Tattoo Contest
Live Bands
Bike Blessing
Walking Poker
Ama,eur Bike 5
Poker Run
Departure BBQ L
Come join the fun - Register today!
5ire (c) 2002 Corpus Christi Biker Rally
All Rights Reserved
http ://www.corpuschristibikerrally.com/ 10/02/2002
Schedule Page 1 of 2
EXHIBIT 6
Rally Schedule
October 17, 18, 19 and 20, 2002
Yhursda¥ Oc~ober~ 17
8:00 am - 12:00 pm Noon - Vendor Setup
12:00 pm - 6:00 pm Registration Opens, Vendors Open
Meet and Ride to the New Corpus Christi Harley Davidson dealer. (Special di
5:30 pm - 7:30 pm ride registrants)
8:30 pm Walking Poker Run Downtown Corpus Christi, first walker out.
10:00 pm Last Walker in; Live Band and Party at Dr. Rockit's Blues Bar
· ir;ay c~'ober i~1 2002
8:00 am - 8:00 pm Registrafion
8:00 am - 10:00 pm Vendors open
Poker Run; First bike out at 10:00 am; Last bike in et 3:00pm
10:00 am - 3:00 pm Erou~ht to you by ~o~pus ~hr/~ti ~ar/ey-Dav~dson, Znc
3:00 - 6:00 pm Bike Games Brought to you by dorpus ~hr/kt/ Har/ey-Davidson, 2nc
6:15 pm - 7:00 pm Parade from Corpus Christi Harley bavidson to the Concrete 5teeet ~o~ par
8:00 pm - 12:00 am
Party at Concrete 5treet...LIVE BAND5 (....Tust signed "TRACY CONOVER...
web site at www.tracyconover.com)
8:00 am - 8:00 pm [ Registration
http://www.corpuschristibikerrally.com/schedule.htm 10/02/2002
Schedule Page 2 of 2
EXHIBIT
8:00 am - 10:00 pm Vendors open
9:00 am - 10:30 am Tattoo Contest
8:00 am - 11:30 am Amateur Bike Show; 3'udging from lO:OOam to lO:30am
8:00 om - 10:00 om Loudest Bike Contest..."Wake up the Neighbors"
"Crosstown Parade Around the I~y" brought to you by the Official Car beale
11:00 om - 6:00 pm Corpus Christi Biker Rally, Crosstown Ford, "The Different beefier"
6:00 pm - 7:30 pm Photo at 'The Lexington"
7:45 pm - 8:15 pm Winner of contest announcements and introductions
8:1§ pm - 12:00 am Party at Concrete Street...LTVE BANDS
Sunday, October 20, 2002
10:00 am - 12:00 pm Sunday Services...New Wine Fellowship Church...Corpus Christi's Biker Frien
Bike Blessing by Pastor and fellow biker Fred Zumalt immediately following
12:30 pm - 1:00 pm Morning Services
Free BB(~ Lunch at the New Wine Fellowship Church...Corpus Christi's Biker
1:00 pm - 3:00 pm Church
..~c/~dule subJect fo change
Come join the fun - Register today!
Return Home
5ire (c) 2002 Corpus Christi Biker Rally
All Rights l~eserved
http://www.corpuschristibikerrally.com/schedule.htm 10/02/2002
Corpus Christi Biker Rally Page 1 of 2
EXHIBIT 7
View our SpOnSOrS:
Corpus Christi Harley Davidson
2626 5PID
Corpus Christi, TX 78415
(361) 854-3146
JB's Crafts & Things-Corpus Christi, TX
(361) 99~?-§311
"The Official Tools of the Corpus Christi Biker Rally"
http://www.corpuschristibikerrally.com/sponsors.htm 10/02/2002
Corpus Christi Biker Rally
H. G. Garrett
Sal~s Representative
361-877-4433
ccmacmon~yahoo.com
Page 2 of 2
EXHIBIT ?
More sponsor information coming soon!
Come join the fun - Reqister today!
Return Home
Site (c) 2002 Corpus Christi Biker Rally
All Rights Reserved
http://www, corpuschristibikerrally.com/sponsors.htm 10/02/2002
2.
3.
4.
5.
0CT-02-2002
10.
11.
00:26
P. 0~
'I'I~YFIC ENGINEERING DIVISIOH
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
APPJLICA TION FOR PERMIT TO C, LOSE
~, TREET FOR PUBLIC EVENTS
EXHIBIT 8
Name of Orgar'ization
Name of Propc~sed Event~
Date of Planne~d, Event:
Key Contact Individual:
Street(s) Requested for (
SlYpnsoring Event:
~6f- ~¢~'
Phone No.
;Iosure, Dates and Times of Day - DESCRIBE:
Purpose of Event and O~tailed Description of Activities Planned: ~'4~ .~,.'~
List foods andibeverage~j. to be served:
Services Requested by
Attach a dlagr ~m dlustraflng in detail the location of booths, stages, restrooms, flint-aid ~tation~
Enclose a ch~ck or morie¥ order for $200 to cover administratiYe costs of handling ap¢icatio~
payable to th~ City of CSr~us Christi (~ity Ordinance #204~3~
Attach an official letter ~ transmittal reque~tin~ appro¥al of the event.
10/01/2002 TUE 10:08 [TX/RX NO 7281]
0CT-02-2002 00:2~ P.~4
12.
Permit to Close $1 aet
for Public Events
~ 2
In consideratiol, of obtaining a permit to close a City street for a public event, the applicant or
sponsoring orghnization ~grees to comply with the following applicable conditions:
A. Admittar ce to said event shall be free;
B. All pmfit~ derived f om the event shall be for charitable causes;
C. Pay the ~ity four-p ~cent (4%) of the gross receipts derived from event, or reimburse the
City for all costs in~ :urred by the City in support of said event. Accurate financial records
shall be ~aintaine(I and payment shall be made to the city within sixty (60) days after the
event er ds.
D.* Provide 3nd maintain an insurance policy with the limits and requirements shown on the
attachec Exhibit *,~ ".
E,* Complel ion of lndE mniflcetion Agreement;
F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineedn~
Division ~and Police Department. The City shall be reimbursed for its installation of all traffic
signage and bard( ading determined by the City to be necessary for safe control of the
event.
G.* Written ~pproval for the temporary street closure must be obtained from (i) one hundre~
(100) p~rcent of tl~e mana(~ino tenants, or, if the erooertv is vacant, managinq proper
ownersbf the property abutting that nortion of the street to be closed to vehicular traffic
and (ii)Ifor the D~wntown ManaGement District only (bounded bv Lower Broadway
Iqtersta~ 37. Sho~line Boulevard (includim3 the marina areas, and Kinney Street), nineb
(90%) ~rcent of the mana~3in(3 tenants, or. if the property is vacant, mana~3ino orooerb
owners ~3f the ore,arty abuttin~ that oortion of the street to be closed to vehicular traffic
H. Provideiadequate !number of restroom facilities to accommodate the anticipated public;
I.* Obtain ~e appropriate alcohol and food permits required by State and Local authorities
at least ~vo (2) we~eks prior to the event;
J. All security other t~an perimeter traffic control shall be provided by sponsor; security she
consist ~f off-duty ~ity Police officers, or other type security officially approved by the Cit~
K. All con&truction oflbooths, stages, displays, electrical services and plumbing shall compl
with Cit~ Codes. ,'~he final layout of booths shall be approved by the Director of Parks an,
Recrealion;
L. Provide~for potabl~ water within the event site;
M. .Provide~ first-aid s~ations;
N. Pmwde[continuou~ cleaning of the site during the event and return it to pre-event conditio
after event ends;
O. Restor~ any damaged City property promptly after event ends;
P, Coordihate all phases of event with appropriate City departments to insure a safe an
succes~ful event;l
Q. Vehicle's shall be ~rohibited from parking on grass areas within the street right-of-way;
R. No obliteration orldefacmg of the street surface or s~dewalk; except by chalk markings;
S All Ci~iNoise Abfitement Ordinances shall be complied with:
T. Allow far the free ~assage of emergency veh c es nto event area in case of emergenc,.
U_ Carnival-type rides will not be permitted.
V. Buildin{~ and Electrical permits for a temporary promotional event, associated constructi(:
and Cdrtificate of!Occupancy are required.
10/01/2002 TUE 10:08 [TX/RX NO 7281]
0CT-02-2002 00:27
Permit to Close Stol
for Public Events
Evidenc( that these
Engineeq prior to th
P. 05
3
conditions have been meet must be presented to the City Traffic
request being submitted to the City Council for final approval.
Signed:
Event Chairman/Organizer
Sponsoring Organization
Date Submitted:
10/01/2002 TUE 10:08 [TX/RX NO 7281]
0CT-02-2002 88:27 P.06
71tE STATE
2OUNTY OF
TI~XAS
fECES
DEMNITY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
WHEREAS~ Section III of said standards, entitled Procedure and Permit Reouirejtlents,
-equires a contra4tor for a pehnit to close or block any part of a roadway to file a statement with the
~irector of Engflleering Set4/ices Traffic Engineering division indemnifying the City against all
:laims or eause, i of action 13y reason of or arising from the closing or blocking of the roadway
)umuant to a p~r~t issued ~y the City.
Now, therefore.., in o4nsidevation for the issuance ora permit to the undersigned by the City
, f Corpus Christi, for the purpose of bamcading, blocking or closing a street, alley or other public
-ight-of-way in shid Ci .ty, said permit applicant aerees to indemnify and save harmless and defend
he CtW of Corp' ts Chnsu, !ts agents and employees from any and all clmms, lawsmts, demands,
iabilities, losses )r expense.q, including court costs and reasonable attorney's fees, for or on account
~[' any injury to ~ ny person, ar any death at any time resulting from such injmy, or any damages to
my property wh, ch arise or may be alleged to have arisen directly or indirectly, as a result of the
granting of this [ ermit.
The Con ~aCtor. duri~ ~g the term of operations specified in this Public Pdght-o f-Way Blockage
~'ennit, will propide and n~mntaln at the Contractor's expense a Commercial General Liability
'nsurance policy!with the limits and requirements shown on the attached and incorporated Exhibit
'A". The City oyCorpus Cl4ris~i must be named as Additional Insured on the policy. Evidence of
· equired insur~m :e coverag~ will be by a Certificate of Insurance furnished to the Director of
:-ngineering Sec 'ices Traffi;~ Engineering Division prior m the proposed blockage under this permit.
, hand(s) ~is 0~.- day of
Vitness my (om
Permit Applicant
Event
10/01/2002 TUE 10:08 [TX/RX NO 7281]
0CT-02-2002 00:2?
Permittee muslt not conm[ence work under this agreement ~..~ti_'i he/she hns obtnined nil insu~n~-e
required herei~ m~ such i~surnnce has been approved by the City. Nor -,~y Peri. tree ~!!ow any
peru/tree must ~rumish to tt~ City's Risk....S~er.2 ,opies of Certitlcstes o£ Insurance, with the City
~m__~ a~ an ~dition~ ~ for all liability policies, and a b!~ket waiver of mbrosation on
AUTOMOBILE LIABILI
ORRENIgD
['Y-.OWNEI~ NON-OWNfiD
~TION
"4
WORKERS' COMPENS,
E.M~LOYERS' LIABILI ,'?/
I
$5~.~ COMBIIqt~ SINGLE LIMIT
WHICH COMPLIES ~ THE 1 ~;~AS WORKERS'
COMPENSATION ACT AND PARAGRAPH 11 OF THIS
In the event ~f accidents!of any kind, Permittee must furnish the Risk Manager with copies of all
reports of ~ accide, nts a~ the same time t _l~t_. ~ the repons are forwarded to any other int~'ested parties,
10/01/2002 TUE 10:08 [TX/RX NO 72811
0CT-02-2002 80:28 P.08
II, ADDITIONAL
A. Permittee mu~
IlL
a liceused comp
by the Texas D
obtain workers' compensation coverage through a licensed insurance company ur
araace obt~ m accordance vnth T~xas law. If such covezage is obtained through
lily, the co~h__act for coverage must be wfitt~ ona policy and endorsements al:lproved
~amuem qfInsurance.
Whether worke rs' compe~
through ~lf-in~nmce, th~
workers' coa~p~n~.ation ~
~ion ~overage i~ provided through a licemed insurm~ eompsay or
coverage provided mu~t be in an amount sufficient to assure th~ ail
li~iom incu~ed by Permi~ee will be prompt~ met.
A completed D~iosure of lmerest must be submitted
The City of Corpus Chrmi must b~ nan~ as ~ ad~ ~ on ~ ~
~~ ~r~ W~' C~ ~ ~d a bl~ w~ ~ ~fion
ff~ ~ ~p~y u~s the ~d ACO~ fo~ t~ ~fion ~ ~o~
At a ~mum, a ~dsy wvilleu uofiee of c~ge or ~fion ~ ~ir~.
I
~ yo~ propose.
Sm~ Closure iasurauce requn~..~.,..
9.5-00 ~ Risk bigmt,
10/01/2002 TUE 10:08 [TX/RX NO 7281]
13
CITY COUNCIL
AGENDA MEMORANDUM
September 30, 2002
AGENDA ITEM:
Item A: A motion authorizing the City Manager or his designee to execute
Attachment #7 Contract #7460005741 2003 in the amount of
$128,562.00 to enable the Corpus Christi-Nueces County Public Health
District to upgrade to a level B classification in the National Laboratory
Response Network for coping with bioterrorism threats.
Item B:
An ordinance appropriating grant of $128,562 from the Texas Department of
Health in the No. 1050 Federal/State grants fund for upgrading the Corpus
Christi-Nueces County Public Health District to a level B capacity
bioterrorism testing laboratory facility; and declaring an emergency.
ISSUE: The Corpus Chdsti-Nueces County Public Health District has received one
attachment for the upgrade of the laboratory department to become a level B
laboratory. This attachment covers personnel, fringe benefits, travel, equipment,
supplies and miscellaneous items. The grant monies will be utilized to hire one
microbiologist, to renovate the microbiology section of the laboratory to meet the
requirements of a level B laboratory, and to purchase equipment and supplies
needed to identify those biological agents most likely to be used as agents for
bioterrorism. The Bioterrorism Response Laboratory will cover Nueces County.
This attachment covers the period September 1, 2002 through August 31, 2003.
This represents 20% of the funding approved by the Congress of the United States.
FUNDING: 1050 Federal/State Grant Fund
REQUIRED COUNCIL ACTION: Approval of the contract attachment and
appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends the contract be
approved and funding of $128,562.00 be appropriated for upgrading our current
laboratory to a level B for the purpose of protecting public health against a threat of
bioterrorism. This is an amendment to a non-competitive state grant with neutral
budget impact. There is no city match required. Federal monies are expected to
allow Texas Department of Health to continue to fund the microbiology position for
an additional five years.
Ardys Bo~strom, M.D., M.P.H.
Acting Director of Public Health
ORDINANCE
APPROPRIATING GRANT OF $128,562 FROM THE TEXAS DEPARTMENT
OF HEALTH IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR
UPGRADING THE CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT TO A LEVEL B CAPACITY BIOTERRORISM TESTING
LABORATORY FACILITY; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That grant of $128,562 is appropriated from the Texas Department
of Health in the No. 1050 Federal/State grants fund for upgrading the Corpus Christi-
Nueces County Public Health District to a Level B capacity Bioterrorism testing
laboratory facility.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, thc 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 ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved
James R. Bray, Jr.
City Attorney
Lisa Aguilar ~)
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
· ~ ~2002
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
TDH Document No. 7460005741 2003
Contract Change Notice No. 04
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing
with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as PERFORMING
AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT NO. 07 : LAB - BIOTEp, RORISM PREPAREDNESS
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
RECEMNG AGENCY:
CORPUS CHRISTI-NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By:
(Signature of person authorized to sign)
(Name and Title)
Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract
TEXAS DEPARTMENT OF HEALTH
(Signature of person authorized to sign)
Melanie A. Doyle, Director
Grants Management Division
(Name and Title).
Date:
Cover Page 1
DM GMD - Rev. 12/00
DETAILS OF ATTACHMENTS
Att/ TDH Term Financial Assistance Direct Total Amount
Amd Program Assistance (TDH Share)
No. ID Begin End Source of Amount
Funds*
01 BRLHO/INNOV 09/01/01 08/31/03 State 150,000.00 0.00 150,000.00
02 TB/PC 01/01/02 12/31/02 93.116 87,979.00 0.00 87,979.00
03 TB/PC 09/01/02 08/31/03 State 162,823.00 0.00 162,823.00
04 IMM/LOCALS 09/01/02 08/31/03 State93.268 124,223.00 0.00 124,223.0{3
05 OPHP/LPHS 09/01/02 08/31/03 State93.991 117,975.00 18,696.00 136,671.00
06 BNS/WIC-CARD 10/01/02 09/30/03 10.557 0.00 0.00 0.00
07 LAB/BIOTERR 09/01/02 08/31/03 93.283 128,562.00 0.00 128,562.00
TDH Document No.7460005741 2003 Totals
Chan~e No. 04 $771,562.00 $ 18,696.00 $790,258.00
*Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
DOCUMENT NO. 7460005741-2003
ATTACHMENT NO. 07
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: BUREAU OF LABORATORIES
TERM: Sep!ember 01, 2002 THRU: August 31, 2003
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY shall assist RECEIVING AGENCY in the implementation of
RECEWING AGENCY'S Centers for Disease Control and Prevention (CDC) project, Public
Health Preparedness and Response for Bioterrorisrn. This project is designed to upgrade state
and local public health jurisdictions' preparedness for and response to bioterrorism, other
outbreaks of infectious disease, and other public health threats and emergencies.
PERFORMING AGENCY shall ensure that core diagnostic capabilities for bioterrorist agents
are available at all state and major city/county public health laboratories. These funds will
enable state or major city/county laboratories to develop the capability and capacity to conduct
rapid and accurate diagnostic and reference testing for select biologic .agents likely to be used in
a terrorist attack.
PERFORMING AGENCY'S Texas Bioterrorism Response Laboratory shall:
· Maintain a level B or C capacity bioterrorism testing laboratory with a staff trained
and proficient in the CDC biothreat protocols;
· Maintain extensive collaboration with all hospitals located in their service area to plan
for response activities for bioterrorism threats;
· Present laboratory-oriented training to hospital and reference laboratories in service
area on the Laboratory Response Network (LRN) Level A protocols to include
packaging and shipping of both biological and chemical samples according to
published CDC protocols such that 90% of these laboratories have received this
instruction during the term of this contact;
· Maintain a system for safe specimen transport from local laboratories when
necessary;
· Explore the capabilities and needs of local laboratories; '-
· Prepare daily reports during an incident, a monthly summary incident report and a
quarterly training report according to RECEIVING AGENCY guidelines and forward
to Director, Microbiological Services Division. Daily reports will be sent
electronically, monthly and quarterly reports can be sent electronically or on paper to
arrive no later than the 7th working day following the reporting period, and,
· In time of declared need, provide staff trained in bioterrorism protocols to other
public health laboratories on a temporary basis (surge capacity).
ATTACHMENT - Page 1
PERFORMING AGENCY'S laboratory division's microbiologist shall be responsible for
training others, setting up and performing all procedures, monitoring and evaluations,
communicating with all other laboratories, and interacting with RECEiVING AGENCY and the
CDC.
PERFORMING AGENCY shall utilize staff or other equipment purchased with funds under this
Attachment to assist RECEiVING AGENCY regional staff in responding to a public health
emergency as directed in writing by RECEIVING AGENCY.
PERFORMiNG AGENCY shall comply with all applicable federal and state laws, rules,
regulations, standards and guidelines in effect on the beginning date of this contract Attachment
unless amended. The following documents are incorporated by reference and made a part of this
contract Attachment. These include:
Public Law 107-117, Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist Attacks on the United States
Act, 2002;
· Centers for Disease Control and Prevention (CDC) Guidance for Fiscal Year 2002
Supplemental Funds for Public Health Preparedness and Response for Bioterrorism
(Announcement Number 99051 Emergency Supplemental); and,
· PERFORMiNG AGENCY'S FY 03 Grant Application and Worksheet for Local Public
Health Preparedness and Response for Bioterrorism, and any written revisions.
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMiNG
AGENCY shall inform RECEWING AGENCY Program, in writing, if it shall not continue
performance under this Attachment in compliance with the amended standard(s) or guideline(s).
RECEWING AGENCY may terminate the Attachment immediately or within a reasonable
period of time as deteiTnined by RECEIViNG AGENCY.
PERFORMANCE MEASURES
The following performance measures(s) will be used to assess, in part, PERFORMiNG
AGENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract.
PERFORMING AGENCY shall submit quarterly progress reports which describe
accomplishments, challenges, barriers, impact and progress toward achieving the work plan
goals and objectives contained in PERFORMiNG AGENCY'S FY 03 Grant Application and
Worksheet for Local Public Health Preparedness and Response for Bioterrorism.
PERFORMiNG AGENCY shall identify performance measures for project objectives and target
levels of performance for Focus Area C.
PERFORMING AGENCY shall provide services in the following county(ies)/area: Nueces.
SECTION II. SPECIAL PROVISIONS:
ATTACHMENT Page 2
General Provisions, Reports Article, third paragraph, is revised to read as follows:
PERFORMING AGENCY shall submit quarterly progress reports and an annual report to
RECEIVING AGENCY Regional Director no later than 30 days after the end of each
quarter and thirty days (30) following the end of PERFORMING AGENCY'S contract
term in a format specified by RECEIVING AGENCY. PERFORMING AGENCY shall
provide RECEWING AGENCY other reports including financial reports RECEWING
AGENCY determines necessary to accomplish the objectives of this contract and to
monitor compliance. If PERFORMING AGENCY is legally prohibited from providing
such reports, it shall immediately notify RECEIVING AGENCY.
ATTACHMENT - Page 3
SECTION III. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUIPMENT*
SUPPLIES
CONTRACTUAL
OTHER
$35,000.00
6,762.00
1,000.00
20,150.00
9,000.00
0.00
56,650.00
TOTAL $128,562.00
Total reimbursements will not exceed $128,562.00.
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 30th
of November.
* Equipment list attached.
ATTACHMENT - Page 4
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: BUREAU' OF LABORATORIES
TDH DOC. NO: 7460005741 2003
ATTACHMENT NO: 07
Change No. 04
EQUIPMENT LIST
ITEM DESCRIPTION NO. O~ UNIT EXTENSION
UNITS COST
001 Autoclave for biohazardous waste and media, Market Forge Model Z-MF- 1 7,150.00 $ 7,150.00
STEM-R.
002 Floor model bacterial incubator, Thermo-Forma Model 3960. 1 6,500.00 $ 6,500.00
003 Water filtration RO purification system, Milipore Elix 10. I 6,500.00 $ 6,500.00
TOTALS [$ 20,150.00
Items may be brand name, if specified, or equivalent.
Equipment List Page I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS~ GRANTS~
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1)
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress in co. nnection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2)
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-Ill, "Disclosure Form to Report Lobbying," in accordance with it's
instructions.
(3)
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction impose, d by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Signature
Print Name of Authorized Individual
Date
7460005741 2003-07
Application or Contract Number
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Organization Name and Address
1702 HORNE ROAD
Approved as to form:
James?. Bray Jr
By: ~
,.
CORPUS CHRISTIt TX 78469-0000
14
AGENDA MEMORANDUM
SUBJECT: Women, Infants, and Children (WIC) Program
AGENDA ITEM:
DATE: September 30, 2002
Motion authorizing the City Manager or his designee to execute Attachment No. 06 to Contract
No. 7460005741-2003 with the Texas Department of Health in the amount of
$600,000.00 based on a $9.45 reimbursement for each participant served, to fund group
nutrition education, individual counseling, and to distribute food vouchers at no cost to
individuals identified as having nutritional deficiencies and/or nutritional risk during the
period of October 1, 2002 through September 30, 2003 as part of the Women Infant
Children (WIC) federal program.
An ordinance Appropriating a renewal grant, fi.om the Texas Department of Health, in the
amount of $600,000.00 based on a $9.45 reimbursement for each participant served, in
the No. 1050 Federal/State Grant Fund to fund nutrition education, individual counseling,
and to distribute food vouchers at no cost to individuals identified as having nutritional
deficiencies and/or nutritional risk; and declaring an emergency.
ISSUE:
The Bureau of Clinical and Nutrition Services, Texas Department of Health (TDH) provides
funding for supplemental food vouchers, nutrition education, and immunizations at no cost to
low income pregnant and postpartum women, infants, and children. Services are performed in
accordance with the terms and specifications of the TDH and/or the United States Department
of Agriculture (USDA). Based on reimbursement of $9.45 for each participant the attached
budget reflects the operational needs of the WIC program for fiscal year 2003. Previous
appropriations of $437,297.00 were approved by City Council in January 2002. This is a non
competitive grant with neutral budget impact. There is no city match requirement.
REQUIRED COUNCIL ACTION: Authorize execution of the attachment to the public
health contract and appropriation of funds.
RECOMMENDATION: Staff recommends that the motion and ordinance be approved to
provide a continuation of nutritional and individual counseling services to Iow income women,
infants, and children.
Ardys Bo~trom, M.D., M.P.H.
Director of Public Health
ORDINANCE
APPROPRIATING RENEWAL GRANT FROM THE TEXAS DEPARTMENT OF
HEALTH IN THE AMOUNT OF $600,000 BASED ON A $9.45
REIMBURSEMENT FOR EACH PARTICIPANT SERVED IN THE NO. 1050
FEDERAL/STATE GRANTS FUND TO FUND NUTRITION EDUCATION,
INDIVIDUAL COUNSELING, AND TO DISTRIBUTE FOOD VOUCHERS AT
NO COST TO INDIVIDULS IDENTIFIED AS HAVING NUTRITIONAL
DEFICIENCIES AND/OR NUTRITIONAL RISK; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a renewal grant from the Texas Department of Health in the
amount of $600,000 based on a $9.45 reimbursement for each participant served is
appropriated in the No. 1050 Federal/State grants fund to fund nutrition education,
individual counseling, and to distribute food vouchers at no cost to individuals identified
as having nutritional deficiencies and/or nutritional risk.
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 role 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 ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved
James R. Bray, Jr.
City Attorney
Samuel L. Neal, Jr.
Mayor
,2002
Lisa Aguilar
Assistant City Attorney
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
TDH Document No~ 7460005741 2003
Contract Change Notice No. 03
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing
with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as PERFORMING
AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT NO. 06 : BNS - WIC CARD PARTICIPATION
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
CORPUS CHRISTI-NUECES COUNTY PUBLIC
FI~ALTH DISTRICT (CITY)
By:
(Signature of person authorized to sign)
(Name and Title)
Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract
RECEIVING AGENCY:
TEXAS DEPARTMENT OF HEALTH
(Signature of person authorized to sign)
Melanie A. Doyle, Director
Grants Management Division
(Name and Titlet
Date: ~)~ {q I 0b
DM GMD - Rev. 12/00
DETAILS OF ATTACHMENTS
Att/ TDH Terra Financial Assistance Direct Total Amount
Amd Program Assistance (TDH Share)
No. ID Begin End Source of Amount
Punds*
01 BRLHO/INNOV 09/01/01 08/31/03 State 150,000.00 0.00 150,000.00
02 TB/PC 01/01/02 12/31/02 93.116 87,979.00 0.00 87,979.00
03 TB/PC 09/01/02 08/31/03 State 162,823.00 0.00 162,823.00
04 IMM/LOCALS 09/01/02 08/31/03 State93.268 124,223.00 0.00 124,223.00
05 OPHP/LPHS 09/01/02 08/31/03 State 93.991 117,975.00 18,696.00 136,671.00
06 BNS/WIC-CARD 10/01/02 09/30/03 10.557 0.00 0.00 0.00
TDH Document No.7460005741 2003 Totals
;Change No. 03 $643,000.00 $18,696.00 $661,696.00
*Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
DOCUMENT NO. 7460005741-2003
ATTACHMENT NO. 06
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: BUREAU OF NUTRITION SERVICES
TERM: October 01, 2002 THRU: September 30, 2003
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY shall provide supplemental food instruments, nutrition education and
counseling to enhance good health care at no cost to low-income pregnant and postpartum
women, infants and children identified to be at nutritional risk. In meeting this goal,
PERFORMING AGENCY shall:
Perform professional, administrative and clerical services necessary to determine
eligibility, provide food instruments, and provide appropriate nutrition education and
counseling to qualified women, infants and children in a specified geographic area.
PERFORMING AGENCY shall ensure adequate staff coverage and uninterrupted
delivery of services. Services shall be performed according to the terms and
specifications of RECEIVING AGENCY'S Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC) and/or the United States Department of Agriculture
(USDA) as referenced in this Attachment. During the term of this Attachment, USDA
will issue regulations, instructions, policies and/or directives which may be incorporated
into the State WlC Policy and Procedures Manual and program rules.
PERFORMING AGENCY shall provide services in the authorized geographic service
ama(s) described in PERFORMING AGENCY'S application and agreed to by
RECEIVING AGENCY. PERFORMING AGENCY can change the authorized
geographic service area(s) with approval from RECEIVING AGENCY. If RECEIVING
AGENCY disagrees on change of geographic service area(s), PERFORMING AGENCY
may terminate this contract with at least thirty (30) days written notice.
Assist in the collection of data that will identify benefits of this nutrition intervention
program and furnish financial, health, nutrition education and any other special reports in
a timely manner as required by RECEIVING AGENCY Program's (i, ritten rules and
policies for the compilation of such data.
Determine eligibility of applicants through assessment of their income, residence and
nutritional status; provide nutrition education and counseling; train staff; conduct
outreach to potential applicants; make referrals to other health and human service
providers; complete surveys as requested; and maintain records as required by
RECEIVING AGENCY Program's written rules and pplicies.
ATTACHMENT - Page 1
Determine participants' access to health care, medical care and other human services, and
make appropriate referrals. PERFORMING AGENCY shall have a system in place to
provide participants with appropriate health services or make appropriate referrals to
health care providers under written agreements that ensure confidentiality of participants'
personal information.
Issue prenumbered food instruments furnished by RECEIVING AGENCY to qualified
participants who shall use such instruments to obtain specified food items from
participating vendors; maintain complete accountability and security of all food
instruments received from RECEIVING AGENCY; and be held financially responsible
for all unaccounted for food instruments and/or for the redeemed value of those issued to
ineligible participants. PERFORMING AGENCY shall be held financially liable for
issuance of infant formula instruments that are not authorized or proscribed according to
the State WIC Policy and Procedure Manual.
Review the immunization records of WIC Program applicants/participants to ensure that
immunizations are current. Make appropriate referrals to health care providers for
necessary immunizations.
Offer services during extended hours of operation outside the traditional times of 8:00
a.m. to 5:00 p.m., Monday through Friday, according to the Annual Plan of Operations as
approved by RECEIVING AGENCY and incorporated by reference.
Implement or expand PERFORMING AGENCY'S breastfeeding peer counseling
program for training and salaries of peer counselors who assist pregnant and
breastfeeding WIC participants in normal breastfeeding situations, when funding is
available, if participation in this program is requested by PERFORMING AGENCY and
approved in writing by RECEIVING AGENCY.
Implement lactation services for WIC clients who have breastfeeding problems that are
beyond the expertise of their local WlC staff and/or peer counselors using International
Board Certified Lactation Consultants or the most qualified equivalent. Lactation
services may also include staff training and lactation equipment. RECEIVING
AGENCY will provide written approval of PERFORMING AGENCY'S plan to use
lactation funding. The plan must include qualifications of any non-board certified
lactation consultant PERFORMING AGENCY proposes to use.
Ensure adequate staff coverage and uninterrupted delivery of WIC services if any
member of PERFORMING AGENCY'S staff is approved in writing by the RECEIVING
AGENCY to participate in RECEIVING AGENCY'S dietetic internship program. This
internship will consist of no less than 900 hours of supervised learning experiences in a
variety of nutrition-related facilities and will prepare PERFORMING AGENCY'S
selected staff member to better meet the needs of WlC participants.
ATTACHMENT - Page 2
RECEIVING AGENCY will provide three (3) types of breastpumps for eligible WIC
participants by distributing breastpumps to PERFORMING AGENCY or by authorizing
PERFORMING AGENCY to purchase breastpump collection kits. If PERFORMING
AGENCY is authorized to purchase the breastpump collection kits, RECEIVING
AGENCY will provide written notification of the specific types of collection kits. If this
requirement is implemented, then the actual cost of collection kits purchased by
PERFORMING AGENCY will be reimbursed by RECEIVING AGENCY utilizing WIC
Food Grant funds. When PERFORMING AGENCY receives or is authorized to
purchase collection kits, Nutrition Services and Administration funds may not be used for
that purpose. The cost for the purchase of the breastpump collection kits will not affect
administrative surplus calculations. The number and cost of the collection kits purchased
shall be identified separately on the face of the claim for reimbursement (State of Texas
Purchase Voucher, Form B- 13).
Implement or expand PERFORMiNG AGENCY'S use of a registered dietitian (RD) to
provide an array of technical services. With prior written approval from RECEIVING
AGENCY, obtain the services of a RD who is registered with the Commission on
Dietetic Registration to provide services for PERFORMING AGENCY such as:
assistance with quality assurance, staff training, assistance with the annual nutrition
education and breastfeeding plan, individual counseling for high-risk participants, and
facilitated discussion classes.
PERFORMING AGENCY shall comply with all applicable federal and state laws, roles,
regulations, standards, and guidelines in effect on the beginning date of this Attachment unless
amended. The following documents are incorporated by reference and made a part of this
contract Attachment.
4.
5.
6.
Child Nutrition Act of 1966, as amended, 42 USC 1786;
Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248,
3016, 3017 and 3018;
RECEIVING AGENCY Quality Care: Client Services Standards for Public
Health and Community Clinics;
WlC Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37;
Food and Nutrition Service (FNS) Guidelines; and
FNS Instructions issued under the FNS Directives Management System
A copy of the current WIC Policy and Procedure Manual has been made available to
PERFORMING AGENCY. The WlC Policy and Procedure Manual, all revisions made to the
WIC Policy and Procedure Manual through the Texas WlC Bulletin, and written notices are
incorporated into this Agreement by reference. PERFORMING AGENCY has a duty to become
familiar with the contents and procedures contained within the WlC Policy and Procedure
Manual. PERFORMING AGENCY shall comply with all of the requirements of the WlC Policy
and Procedure Manual and Program rules as well as state and federal laws and amendments
governing or regulating the WIC Program.
ATTACHMENT - Page 3
PERFORMING AGENCY is responsible for ensuring that employees or agents acting on behalf
of the PERFORMING AGENCY comply with all of the requirements of the WIC Policy and
Procedure Manual, Program rules and all state and federal laws and amendments governing and
regulating the WIC Program.
Within thirty (30) days of receipt of an amended policy or rule, PERFORMING AGENCY shall
inform RECEIVING AGENCY program in writing if it will not continue performance under this
Attachment in compliance with the amended policy or rule. RECEIVING AGENCY may
terminate the Attachment immediately or within a reasonable period of time as determined by
RECEIVING AGENCY.
PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, PERFORMING
AGENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract.
98% of families who participate in the WIC program by receiving food instruments shall
also receive nutrition education classes or individual counseling services to coincide with
food voucher issuance;
· Of all pregnant women who enter the WIC program, at least 32% shall be certified as
eligible during the period of the first trimester of their pregnancy;
88% of clients who are enrolled in the program, excluding dual participants, transfer
locked and/or migrant clients, shall participate as food instrument recipients each month
(breast-feeding infants are also included in the client count);
· 60% of infants whose mothers were participants in the program during pregnancy shall
be breast-fed at or before the time of their certification of eligibility;
98% of clients who indicate during the enrollment process that they have no source of
health care shall be referred to at least one source of health care at certification of
eligibility; and,
A monthly activity report which demonstrates PERFORMING AGENCY'S efforts
towards meeting assigned annual targets shall be completed and submitted to
RECEIVING AGENCY within seven (7) working days after the end of each month.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Assurances Article, is hereby amended to include the following:
PERFORMING AGENCY hereby agrees that it shall comply with Title VI of the Civil
Rights Act of 1964, 42 USC §§ 2000d et seq., Title IX of the Education Amendments of
1972, 20 USC {}{}1681 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USC {}
ATTACHMENT - Page 4
794, Age Discrimination Act of 1975, 42 USC §§ 6101 et seq.; all provisions required by
implementing the regulations of the Department of Agriculture, 7 CFR Part 246;
Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964;
28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and
guidelines, to the effect that no person will, on the grounds of race, color, national origin,
sex, age, or disability be excluded from participation under any program or activity for
which PERFORMING AGENCY receives federal financial .assistance from FNS; and
hereby gives assurance that it shall immediately take measures necessary to implement
this Attachment.
PERFORMING AGENCY shall compile data, maintain records and submit reports, as
required, to permit effective enforcement of the nondiscrimination laws and permit
authorized USDA and State of Texas personnel, during normal working hours, to review
such records, books, and accounts as needed to ascertain compliance with the
nondiscrimination laws. The Department of Agriculture, Food and Nutrition Services,
has the right to seek judicial enforcement if PERFORMING AGENCY violates any
nondiscrimination laws. This Assurance is binding on PERFORMING AGENCY, its
successors, transferees, and assignees, as long as they receive assistance or retain
possession of any assistance from the Department of Agriculture. The person or persons
whose signatures appear on the COVER PAGES of this Attachment are authorized to
sign this Assurance on behalf of PERFORMING AGENCY.
General Provisions, Standards for Financial and Programmatic Management Article, Item
A, regarding internal budgeting and Item C, regarding billing, collection, and fee schedules are
not applicable to this Attachment.
General Provisions, Terms and Conditions of Payment Article, is hereby modified to include
the following paragraphs:
The participant caseload will be assigned by RECEIVING AGENCY Program by giving
written notice to PERFORMING AGENCY. The participant caseload is subject to
change upon written notice to PERFORMING AGENCY from RECEIVING AGENCY
Program with PERFORMING AGENCY'S concurrence. PERFORMING AGENCY
assumes liability for all food costs resulting from PERFORMING AGENCY exceeding
its assigned caseload. The number of individuals served in excess of assigned caseload
are not to be included in the calculation of earned administrative funds as described
below.
RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative
costs incurred when determining eligibility, providing appropriate nutrition education and
counseling, issuing food instruments, making participant referrals, vendor evaluation,
outreach, start-up costs and general administrative support.
Administrative costs will be reimbursed based on actual costs, but not to exceed the
"maximum reimbursement" set out below, based upon the sum of the participants who
actually receive food instruments each month plus infants who do not receive any food
ATTACHMENT - Page 5
instruments whose breastfeeding mothers were participants to the extent that the total so
derived does not exceed PERFORMING AGENCY'S total assigned caseload within any
given month. Surplus funds (the amount by which maximum reimbursements exceed
actual costs) can be accumulated and carried forward within the Attachment term.
Surplus encumbered by September 30 shall be billed and vouchers received by
RECEIVING AGENCY no later than December 31, 2003.
PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT:
During the term of the Attachment, PERFORMING AGENCY shall earn administrative
funds at the rate of $9.45 for each participant served as defined above.
PERFORMING AGENCY agrees that:
(1)
PERFORMING AGENCY shall identify and document separately not less than
19% of total administrative costs as expenditures directly related to nutrition
education and counseling. Nutrition education and counseling expenditures shall
be supported by documentation of participant attendance or non-attendance.
(2)
RECEIVING AGENCY will reimburse PERFORMING AGENCY for
administrative expenses at a rate not greater than 5.26 times the amount of
properly documented expenditures for nutrition education and counseling, but not
more than is earned based on actual participation not to exceed PERFORMING
AGENCY'S assigned participant caseload, plus any incentive funds allocated to
PERFORMING AGENCY by RECEIVING AGENCY.
(3)
(4)
RECEIVING AGENCY will limit (cap) PERFORMING AGENCY'S indirect
costs to the lesser of the rate approved by RECEIVING AGENCY'S Fiscal
Division or twenty (20) percent applied to PERFORMING AGENCY'S total
direct salaries plus benefits reimbursed by RECEIVING AGENCY. However,
approval shall be obtained from RECEIVING AGENCY'S Fiscal Division before
the recovery of any indirect costs is permitted, except for indirect cost recoveries
using amounts contained in the Uniform Grants Management Standards (UGMS)
for which approval can be granted by the WIC Program office.
RECEIVING AGENCY will identify annually to PERFORMING AGENCY an
amount of funds that shall be spent for breastfeeding promotion. The allocation
of breastfeeding funds to PERFORMING AGENCY will be based on
PERFORMING AGENCY'S proportional share of the statewide combined total
of pregnant and breastfeeding participants as reported to RECEIVING AGENCY.
RECEIVING AGENCY also reserves the right to withhold a proportionate
amount of earned administrative funds when evidence exists that nutrition
education and/or breastfeeding promotion is not being provided by
PERFORMING AGENCY, or PERFORMING AGENCY is not complying with
the provisions of USDA and/or RECEIVING AGENCY directives.
ATTACHMENT Page 6
(6)
RECEIVING AGENCY reserves the fight to utilize a competitive offering for the
award of any future contracts at the end of the term of this Attachment.
(7)
RECEIVING AGENCY may amend or terminate this Attachment if available
funds become reduced, depleted, or unavailable during the term of the Attachment
to the extent that the WIC Program is unable to provide administrative funding at
the rate(s) shown above. RECEIVING AGENCY will provide written
notification to PERFORMING AGENCY of such fact.
(8)
RECEIVING AGENCY may pay for additional services as specified in this
Attachment if provided by PERFORMING AGENCY during the term of this
Attachment (but not otherwise paid during the term of this Attachment) if it is in
the best interest of the State and RECEIVING AGENCY Program to do so. If
PERFORMING AGENCY exceeds the amount of earned administrative funds as
stated above, PERFORMING AGENCY shall continue to bill RECEIVING
AGENCY for the services provided. If additional funds become available at a
later date for the provision of these services, RECEIVING AGENCY may pay
PERFORMING AGENCY a share of these funds.
(9)
RECEIVING AGENCY may provide incentives to WIC local agencies for clients
who are provided WIC services outside the normal traditional hours to the extent
that federal funding is available.
(10)
RECEIVING AGENCY may adjust the base reimbursement rate defined above
during the term of this Attachment if it is in the best interest of the State and
RECEIVING AGENCY and if additional administrative WIC Grant funds are
available.
PERFORMING AGENCY shall indicate separately on the face of the claim for
reimbursement (State of Texas Purchase Voucher, TDH Form B-13) the costs associated
with nutrition education, breast-feeding, and other administrative costs.
General Provisions, Advance Payments Article, is not applicable to this Attachment. However,
PERFORMING AGENCY will be allowed the option of receiving a two (2) month cash advance
in accordance with WIC Program Policy and Procedures.
General Provisions, Program Income, paragraph one, is not applicable to this Attachment.
General Provisions, Overtime Compensation Article, is not applicable to this Attachment.
General Provisions, Equipment and Supplies Article, is replaced with the following:
PERFORMING AGENCY shall accept responsibility and financial liability for all
equipment and supplies purchased with RECEIVING AGENCY funds, whether
purchased locally by PERFORMING AGENCY or by RECEIVING AGENCY and
ATTACHMENT Page 7
transferred to the care and custody of PERFORMING AGENCY. PERFORMING
AGENCY shall conduct an annual physical inventory of all equipment purchased by
RECEIVING AGENCY and submit it at a time to be specified by RECEIVING
AGENCY. RECEIVING AGENCY reserves the right to recover the cost of equipment
or supplies purchased by RECEIVING AGENCY and placed in the custody of
PERFORMING AGENCY if such articles are lost, stolen, or otherwise unaccounted for.
General Provisions, Reports Article, second paragraph, second sentence, is replaced with the
following:
A final report, Financial Status Report, Federal form 269 (TDH Form GC-3), shall be
submitted no later than December 31, 2003.
SECTION III. BUDGET:
All categories of costs billed to RECEIVING AGENCY, and allocation of such costs, shall be in
accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by PERFORMING
AGENCY and approved by RECEIVING AGENCY. This document is incorporated herein by
reference and made a part of this Attachment.
ATTACHMENT - Page 8
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS. GRANTS.
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(I)
(2)
(3)
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress in c~nnection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-Ill, "Disclosure Form to Report Lobbying," in accordance with it's
instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction impose, d by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Signature
Print Name of Authorized Individual
Date
7460005741 2003-06
Application or Contract Number
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Organization Name and Address
1702 HORNE ROAD
CORPUS CHRISTI, TX 78469-0000
CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT
WIC PROJECT 38
OPERATING BUDGET FY 2003
DESCRIPTION
AMOUNT
SALARIES $360,406
RETIREMENT $69,757
GROUP INSURANCE $34,289
CHEMICAL & HOUSEHOLD $1,045
BOOKS & PERIODICALS $418
FOOD & FOOD SUPPLIES $209
MEDICAL SUPPLIES $2,090
MINOR COMPUTER EQUIPMENT $366
MINOR OFFICE EQUIPMENT $314
OFFICE SUPPLIES $3,658
MAINTENANCE MATERIAL $627
PROFESSIONAL SERVICES $2,090
RECREATION SUPPLIES/EQUIP. $209
LIGHT, HEAT, POWER $10,452
POSTAGE/FREIGHT $1,359
RENTAL/LYNIFORM $941
TEMPORARY SERVICE $3,658
RENTAL/BEEPER $3,136
MILEAGE REIMBURSEMENT $1,359
TELEPHONE $8,362
BUILDING MAINTENANCE $6,271
EQUIPMENT MAINTENANCE $523
MEMBERSHIP DUES $209
TRAINING/TRAVEL $1,777
PRiNT/COPIES-CITY $105
REIM. CITY- IN-KIND $63,300
TRANS. TO INS. FD 138/GRP. INS $20,142
TRANS. TO INS. FD 139/SELF. INS. $2,928
TOTAL $600,000
15
AGENDA MEMORANDUM
October 3, 2002
AGENDA ITEM: Resolution approving formation of North Padre Island Development
Corporation, and approving its articles of incorporation and bylaws.
ISSUE: In November 2000, the City Council approved an ordinance creating Reinvestment Zone
Number 2 in connection with development of a channel and other facilities in the Packery Channel
area. After a petition, the Council submitted the ordinance to the voters in April 2001, and the
voters approved. The project is moving forward.
From the outset, it was stated that bonds to fund the project would be payable solely from the tax
increment from the fund and not from other city revenues, and that the transaction would be
designed to completely insulate general city revenues from liability on the bonds.
The Tax Increment Financing Act, Tax Code Section 311.010(f), provides that the Council and
board of directors of the reinvestment zone may contract with a local government corporation to
manage !he r. einvestment zone or implement the project and financing plan. A local government
corporatton ~s one created under Chapter 431, Subchapter D of the Transportation Code to aid or
act on behalf ora local government. We are aware of at least three Texas cities, including the
City of Houston, that have created a local government corporation in conjunction with
undertaking a tax increment project, and where bonds have been issued by such a corporation to
finance project costs under a tax increment zone project and financing plan.
Bond counsel and staff recommend creation of a local government corporation, the "North Padre
Island Development Corporation," as a vehicle to issue the bonds for the project. This will assure
the maximum insulation of the City from liability for the bonds and any potentially adverse
consequences related thereto.
The corporation is proposed to have five directors, serving at the pleasure of the Council. Initial
directors will serve until December 31, 2002; thereafter, terms are two years. It is proposed that
the following staff`members be designated as the initial directors: David Garcia, Skip Noe, Ron
Massey, Angel Escobar, and Lee Dumbauld
Approving creation of the corporation now will facilitate sale of the bonds which is anticipated for
November or December of this year.
RECOMMENDATION: That the resolution be approved as presented.
A RESOLUTION
APPROVING FORMATION OF NORTH PADRE ISLAND DEVELOPMENT
CORPORATION, AND APPROVING ITS ARTICLES OF
INCORPORATION AND BYLAWS
WHEREAS, an application in writing seeking the incorporation of a local government
corporation under the provisions of the Subchapter D, Chapter 431, Texas Transportation Code, to
be known as "North Padre Island Development Corporation" (the "Corporation"), has been filed with
the City Council of the City of Corpus Christi, Texas (the "City"), by three individuals, each of
whom is a citizen of the State of Texas, of the age of 18 years or more and residents of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
Section 1. That the City Council of the City found and determined, and hereby finds and
determines, that it is necessary and advisable that the Corporation be formed.
Section 2. That the City Council of the City hereby approves the form of articles of
incorporation proposed to be used in organizing the Corporation, a copy of which is attached hereto
as "Exhibit A", and the form of bylaws proposed to be used by the Corporation, a copy of which is
attached hereto as "Exhibit B", and hereby grants authority for the incorporation of the Corporation.
Section 3. That it is hereby officially found and determined that said meeting was open to
the public as required by law; and that public notice of the time, place, and purpose of said meeting
was given as required by Chapter 551, Texas Government Code.
Section 4. All resolutions and parts thereof in conflict herewith are hereby expressly
repealed insofar as they conflict herewith.
Section 5. That this Resolution shall take effect immediately from and after its adoption and
publication in accordance with the law, and it is accordingly so resolved.
ATTEST:
Armando Chapa
City Secretary
APPROVED THIS
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
DAY OF ~o/~'~'~ ,2002;
James.~x~.Q~R'' ~iy,~Attomey
CORPUS CHRISTI, TEXAS
DAY OF ,2002
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:",LEG-DIR~NOEMILLISAW-.ESW,.ES.004
ARTICLES OF INCORPORATION
OF
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
We, the undersigned natural persons, each of whom is at least eighteen (18) years of
age or more, and a resident and a qualified voter of the City of Corpus Christi, Texas (the
"City") and a citizen of the State of Texas, acting as incorporators of a corporation imder
the provisions of Subchapter D of Chapter 431, Texas Transportation code (the "Act"), and
Chapter 394, Vernon's Texas Codes Annotated, Texas Local Government Code (the "Local
Government Code"), do hereby adopt the following Articles of Incorporation for such
corporation:
ARTICLE I
The name of the corporation is NORTH PADRE ISLAND DEVELOPMENT
CORPORATION (the "Corporation").
ARTICLE II
The Corporation is a public non-profit corporation.
ARTICLE III
The period of duration of the Corporation shall be perpetual.
ARTICLE IV
The Corporation is organized for the purpose of aiding, assisting, and acting on
behalf of the City in the performance of its governmental functions to promote the common
good and general welfare of the City, including, without limitation, the development Of the
geographic area of the City included or to be included in Reinvestment Zone Number Two,
City of Corpus Christi, Texas (the "Zone") and neighboring areas, as more particularly
described in Ordinance No. 024270 adopted by the City Council of the City, and as
boundaries of the zone. may be amended fi.om time to time, as well as assisting the City and
the Board of Directors of the Zone with respect to their respective duties and
responsibilities under Chapter 311, Texas Tax Code, in furtherance of the promotion,
development, encouragement and maintenance of employment, commerce, economic
development and public facility development in the Zone.
EXHIBIT "A"
The Corporation is formed pursuant to the provisions of the Act as it now or may
hereafter be amended, and Chapter 394, Texas Local Government Code, which authorizes
the Corporation to assist and act on behalf of the City to accomplish any governmental
purpose of the City and to engage in activities in the furtherance of the purposes of its
creation.
The Corporation shall have and exercise all of the rights, powers, privileges,
authority, and functions given by the general laws of the State of Texas to non-profit
corporations, incorporated under the Act including, without limitation, the powers granted
under thc Texas Non-Profit Corporation Act, Article 1396-1.01 et seq., Vernon's Texas
Civil Statutes.
The Corporation shall have all other powers of a like or different nature not
prohibited by law which are available to non-profit corporations in Texas and which are
necessary or useful to enable the Corporation to perform the purposes for which it is
created, including the power to issue bonds, notes or other obligations, and otherwise
exercise its borrowing power to accomplish the purposes for which it was created.
The Corporation is created as a local government corporation pursuant to the Act
and shall be a governmental unit within the meaning of Subdivision (2), Section 101.001,
Texas Civil Practice and Remedies Code. The operations of the Corporation are
governmental and not proprietary functions for purposes of the Texas Tort Claims Act,
Section 101.001 et seq., Texas Civil Practice and Remedies Code. The Corporation shall
have the power to acquire land in accordance with the Act as amended from time to time.
ARTICLE V
The Corporation shall have no members and shall have no stock.
ARTICLE VI
All powers of the Corporation shall be vested in a Board consisting of five (5)
persons who shall be appointed by the City Council of the City. The initial board members,
each of whom resides in ~e City, are identified in Article IX below and shall serve for the
term expiring on the date set forth therein. Subsequent board members shall be appointed
by the City Council of the City. Each subsequent board member shall serve for a staggered
term of two (2) years or until his or her successor is appointed by the City Council of the
City, unless such board member has been appointed to fill an unexpired term, in which case
the term ol~such board member shall expire on the expiration date of the term of the board
member who he or she was appointed to replace. Any board member may be removed from
office at any time, with or without cause, by the City Council of the City.
2
All other matters pertaining to the internal affairs of the Corporation shall be
governed by the Bylaws of the Corporation, so long as such Bylaws are not inconsistent
with these Articles of Incorporation or the laws of the State of Texas.
ARTICLE VII
The street address of the initial registered office of the Corporation is 1201 Leopard,
Corpus Christi, Texas 78403, which is within the city limits of the City, and the name of its
initial registered agent at such address is David Garcia.
ARTICLE VIII
The names and street addresses of the incorporators, each of whom resides within
the City, are:
NAME ADDRESS
David R. Garcia 1201 Leopard
Corpus Christi, Texas 78403
George K. Noe 1201 Leopard
Corpus Christi, Texas 78403
Axmando Chapa 1201 Leopard
Corpus Christi, Texas 78403
ARTICLE IX
The Corporation shall be governed by a board of directors consisting of 5 directors.
The names and street addresses of the initial directors, each of whom resides within the
City, are:
NAME ADDRESS
David R. Garcia
George K. Noe
Ronald L. Massey
Angel R. Escobar
Lee Ann Dumbauld
1201 Leopard, Corpus Christi, Tx 78403
1201 Leopard, Corpus Christi, Tx 78403
1201 Leopard, Corpus Christi, Tx 78403
1201 Leopard, Corpus Christi, Tx 78403
1201 Leopard, Corpus Christi, Tx 78403
The initial directors shall serve a term that expires December 31, 2002, and shall
hold office for the term for which the initial director was appointed and until the director's
successor is elected or appointed and has qualified.
ARTICLE X
A resolution approving the form of these Articles of IncorporatiOn has been adopted
by the City Council of the City on October 8, 2002.
ARTICLE XI
No Director shall be liable to the Corporation for monetary damages for an act or
omission in the Director's capacity as a Director, except for liability (i) for any breach of
the Director's duty of loyalty to the Coq~oration, (ii) for acts or omissions not in good faith
or which involve intentional misconduct or a knowing violation of Iaw, (iii) for any
transaction from which the Director received an improper benefit, whether the benefit
resulted from an act taken within the scope of the director's office or (iv) for acts or
omissions for which the liability of a Director is expressly provided by statute. Any repeal
or amendment of this Article by the Directors shall be prospective only, and shall not
adversely affect any limitation on the personal liability of a Director existing at the time of
such repeal or amendment. In addition to the circumstances in which a Director is not
personally liable as set forth in the preceding sentences, a Director shall not be liable to the
fullest extent permitted by any amendment to the Texas statutes hereafter enacted that
further limits the liability of a Director.
ARTICLE XII
In accordance with the provisions of Section 501 (c)(3) of the Intemal Revenue Code
of 1986, as amended (the "Internal Revenue Code"), and regardless of any other provisions
of these Articles of Incorporation or the laws of the State of Texas, the Corporation: (a)
shall not permit any part of the net earnings of the Corporation to enure to the benefit of
any private individual (except that reasonable compensation may be paid for personal
services rendered to or for the Corporation in effecting one or more of its purposes); Co)
shall not direct any of its activities to attempting to influence legislation by propaganda or
otherwise; (c) shall not participate in or intervene in (including the publication or
distribution of statements), any political campaign on behalf of any candidate for public
office; and (d) shall not attempt to influence the outcome of any election for public office or
to carry on, directly or indirectly, any voter registration drives. Any income earned by the
Corporation after payment of reasonable expenses, debt and such reserves as may be
4
necessary as set forth in the authorizing documents related to the issuance of debt by the
Corporation shall accrue to the City.
The City shall, at all times, have an unrestricted right to receive any income earned
by the Corporation, exclusive of amounts needed to cover reasonable expenditures and
reasonable reserves for future activities. Any income of the Corporation received by the
City shall be deposited into such account or fund as determined by the City Council of the
City. No part of the Corporation's income shall inure to the benefit of any private interests.
If the Board of Directors determines by resolution that the purposes for which the
Corporation was formed have been substantially met and all bonds issued by and all
obligations incurred by the Corporation have been fully paid or provision made for such
payment, the Board shall execute a certificate of dissolution which states those facts and
declares the Corporation dissolved in accordance with the requirements of Section 394.026
of Vernon's Texas Codes Annotated, Local Government Code, or with applicable law then
in existence. In the event of dissolution or liquidation of the Corporation, all assets will be
turned over to the City for deposit into such account or fund as the City Council shall
direct.
ARTICLE XIII
If the Corporation is 'a private foundation within the meaning of Section 509(a) of
the Internal Revenue Code, the Corporation (a) shall distribute its income for each taxable
year at such time and in such manner as not to become subject to the tax on undistributed
income imposed by Section 4942 of the Internal Revenue Code; (b) shall not engage in any
act of self-dealing as defined in Section 4941 (d) of the Internal Revenue Code; (c) shall
not retain any excess business holdings as defined in Section 4943(c) of the Internal
Revenue code; (d) shall not make any investments in such manner as to subject it to tax
under Section 4944 of the Internal Revenue Code; and (e) shall not make any taxable
expenditures as defined in Section 4945(d) of the Internal Revenue Code.
ARTICLE XIV
The City Council may at any time consider and approve an ordinance directing the
Board to proceed with the dissolution of the Corporation, at which time the Board shall
proceed with the dissolution of the Corporation in accordance with applicable state law.
The failure of the Board to proceed with the dissolution of the Corporation in accordance
with this Section shall be deemed a cause for the removal from office of any or all of the
Directors as permitted by Article VI of these Articles of Incorporation.
5
ARTICLE XV
These Articles may not be changed or amended unless approved by the City Council
of the City.
IN WITNESS WHEREOF, we have hereunto set our hands this day of
2002.
Incorporator
Incorporator
Incorporator
Before me, on this day personally appeared the foregoing individuals, known to me
to be the persons whose names are subscribed to the foregoing instrument in my presence.
Given under my hand and seal of office this
Notary Public
BYLAWS OF NORTH PADRE ISLAND DEVELOPMENT CORPORATION
TABLE OF CONTENTS
ARTICLE I
PURPOSE.
ARTICLE II
BOARD OF DIRECTORS ............................................. 2
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Appointment Classes, Powers, Number, and Term of Office ........ 2
Meetings of Directors ...................................... 2
Annual Meetings ......................................... 2
Regular Meetings ......................................... 2
Special and Emergency Meetings ............................ 2
Quorum ................................................ 3
Conduct of Business
Committees
Compensation of Directors .................................. 4
Director's Reliance on Consultant Information .................. 4
ARTICLE III
OFFICERS
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
ARTICLE IV
Titles and Term of Office ................................... 4
Powers and Duties of the President ........................... 4
Powers and Duties of the Vice President ....................... 4
Treasurer ............................................... 4
Secretary ............................................... 5
City Manager's Offices .................................... 5
Officer's Reliance on Consultant Information ................... 5
Heating Officer .......................................... 5
MISCELLANEOUS PROVISIONS ...................................... 6
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Fiscal Year .............................................. 6
Seal .................................................... 6
Notice and Waiver of Notice ................................ 6
Resignations ............................................. 6
Gender ................................................. 6
Appropriations and Grants .................................. 6
EXHIBIT"B"
Section 7. Code of Ethics ........................................... 6
ARTICLE V
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Right to Indemnification .............................. ..... 6
Advance Paymem ........................................ 7
Indemnification of Employees and Agents ...................... 7
Appearance as a Witness ................................... 8
Non-exclusivity of Rights .................................. 8
Insurance ............................................... 8
Notification ............................................. 8
Savings Clause ........................................... 8
ARTICLE VI
AMENDMENTS
BYLAWS
OF
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
ARTICLE I
PURPOSES
North Padre Island Development Corporation (the "Corporation") is organized for the
purpose of aiding, assisting, and acting on behalf of the City of Corpus Christi, Texas (the
"City") in the performance of its governmental functions to promote the City, including,
without limitation, the development of the geographic area of the City included or to be
included in Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone") and
neighboring areas, as more particularly described in Ordinance No. 024270 adopted by the
City Council of the City, and as the boundaries of the Zone may be amended from time to
time, as well as assisting the City and the Board of Directors of the Zone with respect to their
respective duties and responsibilities under Chapter 311, Texas Tax Code, in furtherance of
the promotion, development, encouragement and maintenance of employment, commerce,
economic development and public facility development in the Zone.
The Corporation is formed pursuant to the provisions of Subchapter D, Chapter 43 I,
Texas Transportation Code (the "Act") as it now or may hereafter be amended, which
authorizes the Corporation to assist and act on behalf of the City to accomplish any
governmental purpose of the City and to engage in activities in the furtherance of the purposes
for its creation.
The Corporation shall have and exercise all of the rights, powers, privileges, authority,
and functions given by the geneya, l laws of the State of Texas to non-profit corporations
incorporated under the Act including, without limitation, the Texas Non-Profit Corporation
Act, Article 1396-1.01 et seq., Vernon's Texas Civil Statutes.
The Corporation shall have all other powers of a like or different nature not prohibited
by law which are available to non-profit corporations in Texas and which are necessary or
useful to enable the Corporation to perform the purposes for which it is created, including the
power to issue bonds, notes or other obligations, and otherwise exercise its borrowing power
to accomplish the purposes for which it was created.
The Corporation is created as a local governmental corporation pursuant to the Act and
shall be a governmental unit within the meaning of Subdivision (2), Section 101.001, Texas
Civil Practice and Remedies Code. The operations of the Corporation are governmental and
not proprietary functions for purposes of the Texas Tort claims Act, Section 101.001 et seq.,
Texas Civil Practice and Remedies Code. The Corporation shall have the power to acquire
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land in accordance with the Act as amended from time to time.
ARTICLE II
BOARD OF DIRECTORS
Section 1. Appointment, Powers, Number, and Term of Office. All powers of
the corporation shall be vested in the Board of Directors (the "Board"). The Board shall
initially consist of five (5) persons who shall be appointed by the City Council of the City, as
evidenced by the approval of the Articles of Incorporation by the City Council. Each initial
Director shall serve for the term expiring on the date set forth in the Articles of Incorporation.
Subsequent Directors shall be appointed by the City Council of the City. Each subsequent
director shall serve for a term of two (2) years, expiring on December 31 of each year.
Directors may be appointed to succeed themselves. Each Director must be a resident and
qualified elector of the City. Each Director shall serve until a successor is appointed. Any
director may be removed from office at any time, with or without cause, by the City Council
of the City.
Section 2. Meetings of Directors. The Directors may hold their meetings and may
have a office and keep the books of the Corporation at the City Hall, or such other place or
places within the city as the Board may from time to time determine; provided, however, in
the absence of any such determination, the City Hall shall be the registered office of the
Corporation in the State of Texas.
The Board shall meet in accordance with and file notice of each meeting of the Board
for the same length of time ad in the same manner and location as is required of a City under
Chapter 551, Government Code (the "Open Meetings Act").
The Corporation, the Board, and any committee of the Board exercising the powers of
the Board are subject to Chapter 552, Government Code (the "Public Information Act").
Section 3. Annual Meetings. The annual meeting of the Board shall be held at the
time and at the location in the City designated by the resolution of the Board for the purposes
of transacting such business as may be brought before the meeting.
Section 4. Regular Meetings. Regular meetings of the Board shall be held at such
times and places as shall be designated, from time to time, by resolution of the Board.
Section 5. Special and Emergency Meetings. Special and emergency meetings of
the Board shall be held whenever called by the President of the Board or by a majority of the
Directors who are serving duly appointed terms of office at the time the meeting is called.
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The Secretary shall give notice of each special meeting in person, by telephone,
electronic mmsmission (e.g. facsimile transmission or electronic mail) or mail at least three (3)
days before the meeting to each director. Notice of each emergency meeting shall also be
given in the manner required of the City under the Open Meetings Act. Unless otherwise
indicated in the notice thereof, any and all matters pertaining to the purposes of the
Corporation may be considered and acted upon at a special or emergency meeting.
Section 6. Quorum. A majority of the Board shall constitute a quorum for the
consideration of matters pertaining to the purposes of the Corporation. If at any meeting of
the Board there is less than a quorum present, a majority of those present may adjourn the
meeting from time to time. The act of a majority of the Directors present and voting at a
meeting at which a quorum is in attendance shall constitute the act of the Board, unless the act
of a greater number is required by law, by the Articles of Incorporation, or by these Bylaws.
A Director who is present at a meeting of the Board at which any corporate action is
taken shall be presumed to have assented to such action, unless his or her dissent shall be
entered in the minutes of the meeting or unless he or she shall file a written dissem to such
action with the person acting as the secretary of the meeting before th adjoummem thereof or
shall forward such dissem by registered mail to the Secretary of the Corporation immediately
after the adjournment of the meeting. Such right to dissent shall not apply to a Director who
voted in favor of the action.
Section 7. Conduct of Business. At the meetings of the Board, matters pertaining
to the purposes of the Corporation shall be considered in such order as from time to time the
Board may determine.
At all meetings of the Board, the President shall preside, and in the absence of the
President, the Vice President shall preside. In the absence of the President and the Vice
President, an acting presiding officer shall be chosen by the Board from among the Directors
present.
The Secretary of the Corporation shall act as secretary of all meetings of the Board, but
in the absence of the Secretary, the presiding officer may appoint any person to act as
secretary of the meeting.
Section 8. Committees. The Board may, by resolution passed by a majority of the
Directors, designate committees of less than all members to assist with specific matters within
the Board's authority. A committee shall act in the manner provided in the authorizing
resolution. Each committee so designated shall keep regular minutes of the transactions of its
meetings and shall cause such minutes to be recorded in books kept for that purpose in the
office oftbe Corporation, and shall report the same to the Board from time to time.
Committees authorized to exercise the powers of the Board shall give notice of any meeting in
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the manner required for a meeting of the Board.
Section 9. Compensation of Directors. Directors, as such, shall not receive any
salary or compensation for their services as Directors.
Section 10. Director's Reliance on Consultant Information. A Director shall not
be liable if while acting in good faith and with ordinary care, the Director relies on
information opinions, reports, or statements, including financial statements and other financial
data, concerning the Corporation or another person, that were prepared or presented by:
(a) one or more other officers or employees of the Corporation;
(b) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are with'm the person's professional or expert competence; or
(c) a committee of the Board of which the Director is not a member.
ARTICLE III
OFFICERS
Section 1. Titles and Term of Office. The officers of the Corporation shall be the
President, Vice President, a secretary, a treasurer, and such other officers as the City Council
may from time to time elect or appoint. One person may hold more than one office except that
one person shall not concurrently hold the offices of President and Secretary. The term of
office for each officer shall be one (1) year with the term of off'ice expiring on July 31 of each
year. Officers may be reelected.
Section 2. Powers and Duties of the President. The President shall be a member
of the Board and shall preside at all meetings of the Board.
Section 3. Powers and Duties of the Vice President. The Vice President shall be
a member of the Board. The Vice President shall perform the duties and exercise the powers
of the President upon the President's death, absence, disability or resignation, or upon the
President's inability to perform the duties of his or her office. Any action taken by the Vice
President in the performance of the duties of the President shall be conclusive evidence of the
absence or inability to act of the President at the time such action was taken. A Vice President
shall have such other powers and duties as day be assigned to him or her by the Board or the
President.
Section 4. Treasurer. The Treasurer shall have custody of all the funds and
securities of the Corporation which come into his or her hands. When necessary or proper, he
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or she may endorse, on behalf of the Corporation, for collection, checks, notes and other
obligations and shall deposit the same to the credit of the Corporation in such bank or banks or
depositories as shall be designated in the manner prescribed by the Board; he or she may sign
all receipts and vouchers for payments made to the Corporation, either alone or jointly with
such other officer as is designated by the Board; whenever required by the/Board, he or she
shall render a statement of his or her cash account; he or she shall enter or cause to be entered
regularly in the books of the Corporation to be kept by him or her for that purpose full and
accurate accounts of all moneys received and paid out on account of the corporation; he o~' she
shall perform all acts incident to the position of Treasurer subject to the control of the Board;
and he or she shall, if required by te Board, give such bond for the faithful discharge of his or
her duties in such for as the Board may require. The Treasurer need not be a member of the
Board.
Section 5. Secretary. The Secretary shall keep or cause to be kept the minutes of
all meetings of the Board in books provided for that purpose; he or she shall attend to the
giving and s_erving of all notices; in furtherance of the purposes of the Corporation and subject
to the limitations contained in the Articles of Incorporation, he or she may sign with the
president in the name of the Corporation and/or attest the signatures thereof, all contracts,
conveyances, franchises, bonds, deed, assignments, mortgages, notes and other instruments of
the Corporation; he or she shall have charge of the Corporation's books, records, documents
and instruments, except the books of account and financial records and securities of which the
Treasurer shall have custody and charge, and such other books and papers as the Board may
direct, all of which shall at all reasonable times be open to the inspection of any Director upon
application at the office of the Corporation during business hours; and, he or she shall in
general perform all duties incident to the office of Secretary subject to the control of the
Board. The Secretary need not be a member of the Board.
Section 6. City Manager Offices. The City Manager of the City or the designee
thereof will serve as the Executive Director of the Corporation, provide administrative support
services for the Corporation, and perform duties as prescribed by the Board and the City
Council.
Section 7. Officer's Reliance on Consultant Information. In the discharge of a
duty imposed or power conferred on an officer of the Corporation, the officer may in good
faith and with ordinary care rely on information, opinions, reports, or statements, including
financial statements and other financial data, concerning the Corporation or another person,
that were prepared or presented by:
(a)
one or more other officers or employees of the Corporation, including members
of the Board; or
(b) legal counsel, public accountants, or other persons as to matters the officer
-5-
reasonably believes are within the person's professional or expert competence.
Section 8. Hearing Officer. The Executive Director or the designee thereof shall
serve as "hearing officer" of the Corporation for the purpose of conducting any public hearing
required under the Internal Revenue Code of 1986 as a condition precedent to the issuance of
tax-exempt bonds by the Corporation.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year. The fiscal year of the Corporation shall be the same as the
City, m: such other consecutive twelve-month period determined by the Corporation and
approved by the City.
Section 2. Seal. The seal of the Corporation shall be such as from time to time
may be approved by the Board.
Section 3. Notice and Waiver of Notice. Whenever any notice whatever is
required to be given under the provisions of these Bylaws such notice shall be deemed to be
sufficient if given by depositing the same in a post office box in a.sealed postpaid wrapper
addressed to the person entitled thereto at his or her post office address, as it appears on the
books of the Corporation, and such notice shall be deemed to have been given on the day of
such mailing. A waiver of notice, signed by the person or persons entitled to said notice,
whether before or after the time stated therein, shall be deemed equivalent thereto.
Section 4. Resignations. Any Director or officer may resign at any time. Such
resignations shall be made in writing and shall take effect at the time specified therein, or, if
no time be specified at the time of its receipt by the president or Secretary. The acceptance of
a resignation shall not be necessary to make it effective, unless expressly so provided in the
resignation.
Section 5. Gender. References herein to the masculine gender shall also refer to
the feminine in all appropriate cases, and vice versa.
Section 6. Appropriations and Grants. The Corporation shall have the power to
request and accept any appropriation, grant, contribution, donation, or other form of aid from
the, federal government, the State, any political subdivision, or municipality in the State, or
from any other source.
Section 7. Code of Ethics. The Directors of the Corporation shall be subject to
Chapter 2, Article V, of the Code of Ordinances of the City of Corpus Christi.
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ARTICLE V
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 1. Right to Indemnification. Subject to the limitations and conditions as
provided in this Article V and the Articles of Incorporation, each person who was or is made a
party or is threatened to be made a party to or is involved in any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative, arbitrativc or
investigative (bereinahcr a "proceeding"), or any appeal in such a proceeding or any inquiry
or investigation that could lead to such a proceeding, by reason of the fact that he or she, or a
person for whom he or she is the legal representative, is or was a Director or officer of the
corporation or while a director or officer of the Corporation is or was serving at the request of
the Corporation as a director, officer partner, venturer, proprietor, lxustee, employee, agent or
similar functionary of another foreign or domestic corporation, partnership, joint venture, sole
proprietorship, Irnst, employee benefit plan or other enterprise shall be indemnified by the
Corporation to thc fullest extent permitted by thc Texas Non-Profit Corporation Act, as the
same exists or may hereafter be amended (but, in the case of any such amendment, only to the
extent that such amendment permits the Corporation to provide broader indemnification rights
than said law permitted the Corporation to provide prior to such amendment) against
judgments, penalties (including excise and similar taxes and punitive damages), fmcs,
settlements and reasonable expenses (including without limitation, attorneys' fees) actually
incurred by such person in counection with such proceeding, and imlemnification under this
Article V shall continue as to a person who has ceased to serve in the capacity which initially
entitled such person to indemnity hereunder. The rights granted pursuant to this Article V
shall be deemed contract rights, and no amendment modification or repeal of this Article V
shall have the effect of limiting or denying any such rights with respect to action taken or
proceedings arising prior to any such amendment, modification or repeal. It is expressly
acknowledged that the indcranification provided in this Article V could involve
indcnmificatiun for negligence or under theories of strict liability.
Section 2. Advance Payment. The right to indemnification conferred in this
Article V shall include the right to be paid in advance or reimbursed by the Corporation the
reasonable expenses incurred by a person of the type entitled to be indemnified under Section
1 who was, is or is threatened to be made a named defendant or respondent in a proceeding in
advance of the final disposition of the proceeding and without any determination as to the
person's ultimate entitlement to indemnification; provided, however, that the payment of such
expenses incurred by any such person in advance of the final disposition of a proceeding, shall
be made only upon delivery to the Corporation of a written affirmation by such director or
officer of his or her good faith belief that he or she has met the standard of conduct necessary
for indemnification under this Article V and a written undertaking, by or on behalf of such
person, to repay all amounts so advanced if it shall ultimately be determined that such
indemnified person is not entitled to be indemnified under this Article V or otherwise.
-7-
Section 3. Indemnification of Employees and Agents. The Corporation, by
adoption of a resolution of the Board, may indemnify and advance expenses to an employee or
agent of the Corporation to the same extent and subject to the same conditions under which it
may indemnify and advance expenses to Directors and officers under this Article V; and the
Corporation may indemnify and advance expenses to persons who are not or were not
Directors, officers, employees or agents of the Corporation but who are or were serving at the
request of the Corporation as a director, officer, partner, venture proprietor, ~xnstee, employee,
agent or similar functionary of another foreign or domestic corporation, parmership, joint
venture, sole proprietorship, trust, employee benefit plan or other enterprise against any
liability asserted against him or her and incurred by him or her in such a capacity or arising
out of his or her status as such a person to the same extent that it may indemnify and advance
expenses to Directors under this Article V.
Section 4. Appearance as a Witness. Notwithstanding any other provision of this
Article V, the Corporation may pay or reimburse expenses incurred by a Director or officer in
connection with his or her appearance as a wihaess or other participation in a proceeding
involving the Corporation or its business at a time when he or she is not a named defendant or
respondent in the proceeding.
Section 5. Non-Exclusivity of Rights. The right to indemnification and thc
advancement and payment of expenses conferred in this Article V shall not be exclusive of
any other right which a Director or officer or other person indemnified pursuant to Section 3
of this Article V may have or hereafter acquire under any law (conunon or statutory),
provision of the Articles of Incorporation of the Corporation or these Bylaws, agreement, vote
of disinterested Directors or otherwise.
Section 6. Insurance. The Corporation may purchase and maintain insurance, at
its expense, to protect itself and any person who is or was serving as a Director, officer,
employee or agent of the Corporation or is or was serving at the request of the Corporation as
a Director, officer, partner, venturer, proprietor,-trustee, employee, agent or similar
functionary of another foreign or domestic corporation, partnership, joint venture,
proprietorship, employee benefit plan, trust or other enterprise against any expense, liability or
loss, whether the Corporation would have the power to indemnify such person against such
expense, liability or loss under this Article V.
Section 7. Notification. Any indemnification of or advance of expenses to a
Director or officer in accordance with this Article V shall be reported in writing to the
members of thc Board with or before the notice of the next regular meeting of the Board and,
in any case, within the 12-month period immediately following the date of the indemnification
or advance.
Section 8. Savings Clause. If this Article V or any portion hereof shall be
-8-
invalidated on any ground by any court of competent jurisdiction, then the Corporation shall
nevertheless indemnify and hold harmless each Director, officor or any other person
indemnified pursuant to this Article V as to costs, charges ad expenses (including attorneys'
fees), judgments, fines and in amounts paid in settlement with respect to any action, suit or
.proceeding, whether civil, criminal, administrative or investigative, to the full extent permitted
by any applicable portion of this Article V that shall not have been invalidated and to thc
fullest extent permitted by applicable law.
ARTICLE VI
AMENDMENTS
A proposal to alter, amend, or repeal these Bylaws shall be made by the alTuTaative
vote of a majority of thc full Board at any annual or regular meeting, or at any special meeting
if notice of thc proposed amendment be contained in the notice of said special meeting. Any
proposed change or amendment to the Bylaws, however, must be approved by the City
Council of the City to be effective.
APPLICATION FOR AUTHORIZATION AND APPROVAL
OF THE FORMATION OF NORTH PADRE ISLAND
DEVELOPMENT CORPORATION
STATE OF TEXAS :
COUNTY OF NUECES :
CITY OF CORPUS CHRISTI :
PURSUANT TO the provisions of Subchapter D, Chapter 431, Texas Transportation Code
(the "Act"), the undersigned individuals (the "Incorporators"), each being a citizen of the State of
Texas, of the age of 18 years or more, and a resident of the City of Corpus Christi, Texas (the
"City"), hereby make application to the City Council of the City for the authorization and approval
of the incorporation of a nonprofit local government corporation to be called "North Padre Island
Development Corporation" (the "Corporation"), which Corporation shall have the authority to carry
out the public purposes for which it is incorporated, to exercise the powers with which it is invested
by the Act, its Articles of Incorporation and the City, acting through its City Council, including the
power to issue bonds, notes or other obligations to accomplish such public purposes and powers, as
a public instnunentality and nonprofit corporation to exist and act on behalf of, and for thc benefit
of, the general public, the City and the State of Texas.
PURSUANT TO the provisions of the Act, the undersigned Incorporators attach hereto and
present herewith to the City Council of the City for approval, proposed Articles of Incorporation and
Bylaws, pursuant to which it is proposed that the Corporation be formed and governed by.
PURSUANT TO the provisions of the Act, and this application, the undersigned
Incorporators hereby request that the City Council of the City adopt appropriate resolutions
authorizing and approving the formation of the Corporation, the filing of the Articles of
Incorporation, and appointing an initial Board of Directors of the Corporation.
DATEDthis ,~ dayof 0~ ,2002.
Respectfully submitted,
Before me, on this day personally appeared the foregoing individuals, known to me to be the
persons whose names are subscribed to the foregoing instnanent in my presence.
Given under my hand and seal of office this
III".Ci~'~:~ MY C~MI881GN EXPIRES II
Notary Public
16
AGENDA MEMORANDUM
RECOMMEDATION: (A) Ordinance authorizing the City Manager to execute a short-term
lease agreement with Host International, Inc., Bethesda, Maryland for news and girl concession at
the Corpus Christi International Airport for a period not to exceed twelve months.
(B) Ordinance authorizing the City Manager to execute a long-term lease agreement with Host
International, Inc., Bethesda, Maryland for news and gift concession at the Corpus Christi
International Airport for a period of ninety-six months.
Background:
The Corpus Christi International Airport is currently in the process of
improving and modifying the main terminal building that includes the
complete reconstruction of the main terminal facilities. Beneficial occupancy
of the new terminal is scheduled for November of 2002. As part of the
terminal redevelopment program, a news and gif~ concession will be built on
the second floor of the terminal. The recommended lease agreements will
grant the concessionaire the rights to establish and operate a news and gift
concession for use by airport passengers on a daily basis. The purpose of the
short-term lease agreement is to allow the concessionaire to operate from a
temporary facility while Phase II of the permanent facility is being
constructed. The long-term lease agreements will take effect sixty (60) days
after the second reading which will be scheduled for Council action at least
twenty-eight (28) days after the first reading.
The concessionaire will be granted leased space in the gate hold-room
departure lobby, office space and inventory storage space. In return for the
lease privileges, he will be required to pay rental rates for the office space
and inventory storage space and will pay the greater of the minimum annual
guarantee (mag) fee submitted in his proposal or ten percent of the
concessionaire's gross revenues as defined in the lease agreements.
Board Action:
The recommended lease agreements were presented to the Airport Advisory
Board at their monthly meeting on October 2, 2002. The Board voted and
passed the recommendation as submitted.
Award Basis: Proposals were received from three companies; Team Joint Venture, Dallas
Texas, The Hudson Group, East Rutherford, New Jersey and Host
International Inc., Bethesda, Maryland. A committee was formed made up of
the Director of Aviation, the Assistant Director of Aviation and the
Procurement & General Services Manager. Each proposal was evaluated
according to the criteria listed in the request for proposal which included
experience, financial ability, management plan, minimum annual guarantee
and proposed layout, design and d6cor. Host International Inc. received the
highest score. The long term contract will guarantee a minimum armual
revenue stream of $110,000 per year for an eight year total of $880,000.
Michael Barrera, C.P.~.
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
EVALUATION MATRIX
NEWS AND GIFT CONCESSION
Host Internationl, Inc. Team Joint Venture The Hudson Group
Bethesda, Maryland Dallas, Texas East Rutherford, New Jerse~
Evaluation criteria Maximum Points Points [ Points
Points Awarded AwardedI Awarded
Experience 20 points 20 20 20
Financial Ability 20 points 20 18 19
Management Plan 20 points 18 18 20
Minumum Annual Guarantee 20 points 20 15.9 10.8
Proposed layout, design and d~eor 20 points 20 19 18
TOTAL 9.__~8 90.9 87.8
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A LEASE AGREEMENT WITH HOST INTERNATIONAL, INC.,
BETHESDA, MARYLAND FOR THE OPERATION OF A NEWS AND GIFT
CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT
FOR A PERIOD NOT TO EXCEED TWELVE MONTHS; AND DECLARING
AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Lease Agreements with Host International, Inc., Bethesda, Maryland for the operation of a news
and gift concession at the Corpus Christi International Airport for a period not to exceed twelve
months.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an 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 rule 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 ,2002.
Attest:
The City of Corpus Christi
Armando Chapa
City Secretary
Approved this the ! day of ~,'~o{l~xt-'
JAMES R. BRAY, JR., CITY ATTORNEY
t/Jo~ P. Burke~-Jr. '~
td(ssistant City Attorney --
Samuel L. Neal, Jr.
Mayor
,2002.
H:\LEG-D1R\john\ORDINANCE~Airport News and Girl Concession 12 mo.wpd
SHORT TERM LEASE AGREEMENT
WITH Host International, Inc.
THE STATE OF TEXAS §
KNOWN BY ALL THESE PRESENT:
COUNTY OF NUECES §
This Lease Agreement is entered into this the 8th day of October, 2002 between
the City of Corpus Christi, a Texas municipal corporation, ("CITY") acting through its
duly authorized representative the City Manager, or designee, ("City Manager"), PO
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, and Host International,
Inc. ("CONCESSIONAIRE"), whose principal office and place of business is 6600
Rockledge Drive MS #6-7, Bethesda, Maryland, 20817, acting through its duly
authorized representative ("CONCESSIONAIRE'S AGENT").
City and Concessionaire, in consideration of faithful performance of the
covenants herein, agree as follows:
Premises. CITY leases to CONCESSIONAIRE the Premises, which consists of
leased space in the gate hold-room departure lobby for the sale of news and gift
merchandise, office space, and inventory storage space located in the Airport
terminal facility, all as shown on the attached and incorporated Exhibit A
(collectively called the "Premises"). CONCESSIONAIRE shall maintain the
Premises and all improvements in a good and safe condition during the Lease
term.
Permitted Uses. CONCESSIONAIRE must use the Premises for the operation
of a News and Gift Concession.
3. Term. This Lease Agreement is to commence upon the date of award by the City
Council for a period not to exceed one year. Except for provisions related to
insurance and performance bond requirements and construction / build-out of the
temporary location in the new Terminal Facility, all other requirements of this
agreement shall not begin until the date of beneficial occupancy. Beneficial
occupancy is defined as the date the new Terminal Building is open and
operational.
Rental. CONCESSIONAIRE must pay the CITY the monthly concession and
rental fee as calculated and set out in Section 7 of the long term Lease
Agreement. Fees due for any partial month shall be calculated on a pro-rata
basis.
Terms and Conditions. All other Terms and Conditions of the Long Term
Lease Agreement are incorporated herein for all purposes, as if fully attached
hereto.
EXECUTED IN DUPLICATE ORIGINALS this
by the authorized representative of the parties.
day of ,2002,
ATTEST:
City of Corpus Christi, Texas
Armando Chapa
City Secretary
David R. Garcia
City Manager
Approved as to Legal Form on
James R. Bray, Jr., City Attorney
By:.
John P. Burke, Jr.
Assistant City Attorney
,2002
CONCESSIONAIRE:
Name: Steven I~. Johnson
Title: Vice President, Business Development
I£tzv a I
Leased Area
CHECK POINT
Corpus Christi Intemal~o#al ~lrporl -
FOOD COURT I ~,o I
CITY GATE AREA
FIGURE Cl
PROPOSED
NEWS/GIFT CONCESSION AREA
CORPUS CHRISTI
INTERNATIONAL AIRPORT
2002 NEWS/GIFT LEASEAGREEMENT
EFFECTIVE
NOTE: ALL MEAsUREMEN'I~ ~ DETE~ 'ITlE
AREA OF EXCLUSIVE SPACE
KEY MAP
EXHIBIT "A~' Leased Area
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A LONG-TERM LEASE AGREEMENT WITH HOST
INTERNATIONAL, INC., BETHESDA, MARYLAND FOR THE
OPERATION OF A NEWS AND GIFT CONCESSION AT THE CORPUS
CHRISTI INTERNATIONAL AIRPORT FOR A TERM OF NINETY-SIX
MONTHS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
long-term lease agreement with Host International, Inc., Bethesda, Maryland for the operation of
a news and gift concession at the Corpus Christi International Airport for a term of ninety-six
months.
H:\LEG-DIR\john\ORDINANCE~A. irport News and Gift Concession 60 mo.wpd
LONG-TERM LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
KNOWN BY ALL THESE PRESENT:
This Lease Agreement is entered into this the __ day of ,2002
between the City of Corpus Christi, a Texas municipal corporation, ("CITY") acting through its
duly authorized representative the City Manager, or designee, ("City Manager"), PO Box
9277, Corpus Christi, Nueces County, Texas 78469-9277, and Host International, Inc.
("CONCESSIONAIRE"), whose principal office and place of business is 6600 Rockledge Drive
MS #6-7, Bethesda, Maryland, 20817, acting through its duly authorized representative
("CONCESSIONAIRE°S AGENT").
WITNESSETH:
THAT, for and in consideration of the rentals to be paid City by Concessionaire and the
respective covenants of the parties hereto, it is mutually agreed between City and
Concessionaire as follows:
City hereby leases, demises, and lets unto Concessionaire, and Concessionaire hereby
hires and takes from City, the following leased premises, all located within the terminal building
at Corpus Christi International Airport (hereinafter called "the Airport") for the uses and
purposes set forth below and as shown on Exhibit "A" hereto attached and made a part
hereof.
2. TERM OF AGREEMENT
The term of this Agreement is eight (8) years, commencing on
terminating on
and
3. USES, PRIVILEGES, RESTRICTIONS
Subject to the terms and conditions hereinafter contained, City grants to Concessionaire the
following rights and privileges;
A. To the extent allowed by law, the exclusive right to operate a News and Gift
concession in the terminal building at the Airport. Exclusive rights granted herein shall not
preclude City from providing specialty shop concessions that focus on the sale of a specific
category of goods or merchandise so long as they do not directly compete with the "typical"
gift, news, sundry and snack food businesses provided by Concessionaire. Alcoholic
beverages and prepared foods and beverages are prohibited for sale by Concessionaire.
B. The right of ingress to and egress from the leased premises and the Airport for
Concessionaire, its officers, employees, agents, and servants, patrons, and invitees, and its
suppliers of service and furnishers of materials, subject to the rules and regulations and
applicable laws, codes, ordinances, and other regulatory measures relating to the use and
operation of the Airport, and subject further at all times to the Director of Aviation's approval
and control.
C. The right to install, operate and maintain signs on the leased premises for the
purposes of identifying the Concessionaire. The number, size, location, general type, and
design of said signs and the method of installation shall be subject to the prior written approval
of the Director of Aviation.
D. Concessionaire shall not at any time engage in any business or activity on the
leased premises or anywhere upon the premises of the Airport other than those activities
specifically authorized and contemplated under the terms of this Agreement without first
securing written authorization from the City.
4. RIGHTS AND PRIVILEGES RESERVED BY CITY
A. The Director of Aviation shall have the right at all times to raise objections to the
condition of the leased premises, quality of goods offered for sale, prices charged, and the
character of the service rendered, and to require that all objectionable practices either be
remedied or discontinued within a reasonable period of time.
B. All rights, privileges, or interests acquired by the Concessionaire under the terms
of this Agreement may, at the option of the City, following written notice of thirty (30) days, be
suspended or finally terminated if such suspension or termination is found by City, acting in
good faith, to be necessary to secure federal financial aid for the development and
2
improvement of the Airport.
C. City shall have the right, at any and all reasonable hours, to enter upon the
leased premises of Concessionaire for the purposes and to the extent necessary to protect
City's rights and interests, to provide for periodic inspection of the leased premises from the
standpoint of safety and health, and to check Concessionaire's compliance with the terms of
this Agreement.
5. OBLIGATIONS OF CONCESSIONAIRE
A. Improvements
Concessionaire shall, without cost to City, provide all improvements, alterations, repairs,
and trade fixtures necessary for the customary operation of such a concession, including, but
not limited to, sales counters, display cabinets, interior partitions, special lighting fixtures, wall
coverings and finishes, floor covering, and all other equipment, furniture, and furnishings
necessary in the proper conduct of Concessionaire's business. All improvements, furniture,
fixtures, and equipment used in the leased premises shall be high quality, safe, fire-resistant,
attractive in appearance, and shall require written approval of the Director of Aviation prior to
installation.
B. Title
All affixed improvements made to the leased premises and additions and alterations
thereto made upon the leased premises by Concessionaire shall remain the property of the
Concessionaire until the termination of this Agreement (whether by expiration of the term
cancellation, forfeiture, or otherwise), at which time fixed improvements shall become the
property of City, unless City exercises its option to have Concessionaire remove said
equipment.
C. Replacement or Removal
Concessionaire shall not replace or remove, in whole or in part, any elements of the
fixed leasehold improvements and trade fixtures in the leased premises without the prior
written consent of City's Director of Aviation, who may, at his/her discretion, condition such
consent upon the obligation of Concessionaire to replace same by an improvement specified in
such consent.
D. Alterations
Concessionaire shall not make any structural alterations to said Terminal Building
without the prior written consent of City's Director of Aviation. If any such alterations are
permitted, Concessionaire shall pay all costs in connection therewith, including the restoration
of the leased premises to the condition which existed prior to the making of such alterations by
Concessionaire, provided such restoration is demanded by City.
E. Conduct of Concession Operations
Concessionaire shall conduct its concession operations in a first-class manner
and in accordance with the highest standards for similar operations at other major air terminals
and in the region. The service shall be prompt, clean, courteous, and efficient. Concessionaire
shall maintain its leased premises at all times in a safe, clean, orderly, and inviting condition, to
the reasonable satisfaction of the Director of Aviation.
F. Quality of Goods/Merchandise - Prices
(1) It is specifically stipulated and agreed by and between City and
Concessionaire, with reference to the goods and merchandise sold by Concessionaire to the
public using the facilities of the Airport, that Concessionaire will at all times maintain a degree
of quality and quantity comparable to similar operations in airports of comparable size and
standards throughout the United States.
(2) Prices charged by Concessionaire shall not exceed the prices charged for
similar offerings at convenience stores in the Corpus Christi Area for comparable items.
(3) All goods and merchandise sold or offered for sale by Concessionaire
must conform in all respects to federal, state, and municipal laws, ordinances, and regulations.
G. Additional Airport Customer Services
Concessionaire shall and agrees to make money change for any persons requesting
such accommodation.
H. Hours of Operation
Concessionaire shall observe and comply with the following minimums as relating to
hours of concession operations at the Airport:
(1) Adequate services to meet public demand are to be maintained in the terminal
building at least one-half (1/2) hour prior to the first aircraft departure to one-half (1/2) hour
after the last scheduled aircraft arrival, each day, seven (7) days per week,
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(2) These hours of operation are subject to adjustment upon seven (7) days'
written notice by the Director of Aviation to the Concessionaire if changes in airline schedules
require the modification of the hours.
I. Furnishings, Fixtures, and Equipment
Except as otherwise specifically provided herein, Concessionaire shall furnish,
install, and maintain at its cost all furnishings, fixtures, and equipment necessary to equip and
operate the various facets of the concession in the manner and at the standards contemplated
hereunder. Such furnishings and fixtures shall be of high quality, safe, fire-resistant, modern in
design, and attractive in appearance. Any and all new furnishings, fixtures, and equipment and
or replacements installed or placed by Concessionaire in its leased premises shall be subject
to the prior approval of the Director of Aviation.
J. Personnel
Concessionaire shall at all times provide a full-time, active, qualified, competent, and
experienced manager to supervise the concession operations and otherwise to represent and
act for the Concessionaire in matters pertaining to the day-by-day operation of the concession.
Concessionaire's employees shall be clean, courteous, efficient, and neat in appearance.
Concessionaire shall not employ any person or persons in or about the Concessionaire's
leased premises who use improper language or act in a loud or boisterous or otherwise
improper manner. Upon written notification by the Director of Aviation to Concessionaire that
any person employed by Concessionaire at the Airport is, in City's opinion, disorderly, un-
sanitary, or otherwise unsatisfactory, Concessionaire shall take corrective action within
twenty-four hours and shall inform the Director of Aviation, in writing, of such action. All on-site
personnel must meet the requirements for and obtain a CCIA Security badge, the cost of which
is to be borne by Concessionaire. Employee permit parking is available and shall be provided
by the Airport with the cost of permitting borne by Concessionaire.
K. Licenses, Permits, Franchises, Taxes
Concessionaire shall bear, at its own expense, all costs of operating the News and Gift
Concession, including any and all taxes assessed against its furnishings, equipment or stocks
of merchandise and supplies, and shall obtain and pay for all permits, licenses, franchises, or
other authorizations required by authority of law in connection with the operation of its business
at the Airport.
L. Compliance with Laws, Regulation, Ordinances, Rules
Concessionaire shall at all times comply with applicable Federal, State, and Local laws
and regulations, all applicable health rules and regulations, all applicable ordinances of the City
of Corpus Christi and the County of Nueces, and the rules and regulations governing the
operation, use, and control of Corpus Christi International Airport as an airport.
M. Utility Services
City shall provide electric service to Concessionaire. Payment for this service is included
in the pementage of rental fees in paragraph 7 hereof. Concessionaire shall pay for all other
utility services used by it at the public utility rates applicable for such services in the Corpus
Christi area.
N. Maintenance of Concessionaire's Premises
(1) Routine Maintenance
Concessionaire agrees to assume full responsibility for the maintenance,
at its own cost, of the leased premises, it being expressly understood that City will provide only
for major maintenance and repairs to the building structure. Concessionaire has inspected the
leased premises prior to the execution of this Agreement and is satisfied with the physical
condition of the leased premises, and its taking possession thereof is agreed to be conclusive
evidence of its receipt of the leased premises in good order and repair. Concessionaire agrees
to faithfully and fully maintain leased premises in good order and repair throughout the entire
term of this Agreement of any extension hereof. Concessionaire further agrees that upon the
termination of this Agreement for any reason, it shall, except as otherwise provided in
paragraphs 15 and 20 hereof, restore the leased premises to the same condition as when
received, reasonable and ordinary wear and tear accepted. If the leased premises shall not be
so kept by Concessionaire, City may enter the leased premises (without such entering causing
or constituting a termination of this Agreement or any interference with the possession of the
leased premises by the Concessionaire) and do all things necessary to restore the leased
premises to the condition required by this Agreement, charging the cost and expense to
Concessionaire; and Concessionaire shall pay to City all such costs and expenses in addition
to the rentals, fees, and charges herein provided.
(2) Custodial Responsibilities
Concessionaire shall, at its own costs and expense, provide custodial services
6
within the leased premises, including sweeping, cleaning, and waxing floors; dusting and
washing of interior window surfaces. Concessionaire shall be responsible, at its own cost, for
the maintenance and repair of all lighting fixtures within the leased premises, including the
replacement of incandescent and fluorescent lamps, starters, ballasts, and other similar
appurtenances. Concessionaire shall keep the leased premises free from flies, roaches, other
insects, and rodents. Concessionaire shall not permit the accumulation of rubbish, trash,
debris, or other litter in and upon the leased premises and shall, at its own expense, provide for
the disposal of such items in the trash dumpster provided by City for all terminal building
tenants, and City will be responsible for the removal of rubbish, trash, debris, or other litter from
the Airport premises. Concessionaire shall provide and use suitable receptacles for all
garbage, trash, and other refuse on or in connection with the leased premises. Piling of boxes,
cartons, barrels, or other similar items in an unsafe manner in or about the leased premises,
the loading dock, or other areas of the Airport, is forbidden.
6. SERVICES TO BE PERFORMED BY CITY
A. Unless otherwise limited by Federal or State statutes, executive order, rules, or
regulation, City shall at its cost, furnish ordinary air conditioning and heat for Concessionaire's
leased premises twenty-four (24) hours a day.
B. Subject to the provisions of paragraph 5.M. hereof, City shall furnish electric
current to existing outlets in Concessionaire's areas.
C. Concessionaire is required to obtain all licenses and permits required by law to
perform under and pursuant to the terms of this Agreement. It is agreed and understood
between the parties hereto that Concessionaire hereby agrees and consents that immediately
upon surrender, termination, default or cancellation of this Agreement, Concessionaire hereby
covenants and promises all such licenses and permits shall be assigned to City and or
terminated or surrendered to City by Concessionaire.
7. FEES, CHARGES, ACCOUNTING RECORDS AND REPORT
A. Annual Guarantee
For the rights and privileges set forth herein, for the period commencing, and
ending twelve (12) months thereafter, Concessionaire agrees to pay City a minimum annual
guarantee of either $110,000, ONE HUNDRED TEN THOUSAND DOLLARS or $0.26 per
enplaning passenger, whichever is greater, or a percentage of gross receipts, (as defined in
paragraph B.) whichever is computed to be the greater. One-twelfth (1/12) of $110,000 shall be
due and payable on or before the first of each month for the month that the payment is due. If
the payment's not received by the fifth day of each month, then a penalty will be assessed as
per Section 7D(3).
For the subsequent years of this Agreement thereafter, the minimum annual
guarantee payment shall be adjusted for the ensuing twelve (12) month period, to a sum of
money equal to eighty-five percent (85%) of the total fees payable for the previous twelve (12)
month period, provided, however, that in no event shall the minimum annual guaranteed
payment for the ensuing twelve (12) month period be less than either $110,000, ONE
HUNDRED TEN THOUSAND DOLLARS or $0.26 per enplaning passenger, whichever is
greater.
During the time Concessionaire is located in the temporary kiosk location, only
7.B below will be required as financial consideration for the rights and privileges set forth
herein.
B. Percenta.qe of Gross Receipts Paid to City
The percentage of gross receipts to be paid to City is as follows;
(1) A sum equal to ten percent (10%) of the gross receipts derived by
Concessionaire during the month of account from the sale of all items whatsoever, in
connection with Concessionaire's News and Gift Shop operation in the terminal building.
C. Payment Terms
(1) Fifteen (15) days after the beginning of each calendar month during the
term hereof, Concessionaire shall pay to City a sum of money which represents the excess of
the difference between the percentage fee due on gross sales for the previous month or $0.26
per enplaned passenger for the previous month, whichever is greater, less one-twelfth (1/12) of
the $110,000 payment made on or before the first of the previous month. In the event the
percentage fees due shall not exceed the minimum annual guarantee due during any month in
the term hereof, then no additional percentage fee shall be due and payable for such month.
(2) All remittances for rentals, fees, and charges are to be made payable to
the City of Corpus Christi and remitted to the office of the Director of Aviation, 1000
8
International Drive, Corpus Christi, Texas 78406.
D. Delinquent Char.qes or Fees
(1) Concessionaire shall be responsible for payment of interest and penalty on
amounts not remitted in accordance with the terms of this Agreement or amounts determined
to be due and owing to City, unless waived by the City Commission.
(2) Interest
Interest on all past due amounts due the City shall be charged at the lawful
legal rate, as may be amended. The obligations for payment and calculations thereof shall
commence upon the day following the due date established herein.
(3) Penalty
In addition to interest described above, Concessionaire may be
responsible for payment of penalty on amounts not remitted in accordance with the terms of
this Agreement as may be determined by the Director of Aviation or his designee. Said penalty
shall be ten percent (10%) of the amount then due or $100.00 whichever is greater. The
obligation for payment and calculation thereof shall commence upon the day following the due
dates established herein.
(4) Annual Statement Results
If, as a result of the annual statement required in F.2, additional amounts
are disclosed to be due and owing to City, interest and penalty shall be calculated thereon in
accordance with the paragraph 7.D.(1), (2), and (3). Concessionaire shall remit to City any
additional amounts identified as due and owing according to the written statement. Interest and
penalty thereon for any remittance received later than 90 days after the close of the year shall
be calculated and billed by City. If no written statement is received within 180 days, the City
may make an independent audit, which costs and any monies owed as a result of the audit,
including penalties and interest, shall be paid by Concessionaire.
(5) Nonexclusivity
This provision permitting collection of interest and penalty by City on
delinquent payments is not to be considered City's exclusive remedy for Concessionaire's
default or breach with respect to delinquent payment. The exercise of this remedy is not a
waiver by City of any other remedy permitted under the Agreement, including but no limited to
termination of this Agreement.
E. Definition of Gross Receipts
The term "gross receipts" as used herein shall mean the aggregate amount of the
gross selling price received by Concessionaire from all sources through the operations of the
concession granted by this Agreement. It shall be all-inclusive whether or not such sales are
made by cash or credits or whether the selling price is collected or uncollected. It shall include
all business transacted at the Airport. Deductions shall be allowed only for the amount of any
federal, state, or local excise and sales taxes presently or hereafter levied upon such sales or
to be collected from the purchaser, and bona fide reimbursements to Concessionaire by its
agents or employees for shortages in cash.
F. Statements, Books, and Records
(1) Within fifteen (15) days after the close of each calendar month during the
Term of this Agreement, Concessionaire shall submit to City, in a form and with detail
satisfactory to City, a statement of its gross receipts during the preceding month from its
operations at the Airport upon which the percentage payments to City set forth in 7.A are
computed, said statement to be signed by a responsible accounting officer of Concessionaire,
along with any additional fees due for revenues in excess of minimum. In addition, a late
monthly report penalty of $100.00 per month is due for any report received after the twentieth
(20) day.
Concessionaire shall keep full and accurate books and records showing all
of its gross receipts pertaining to operations at the Airport, and City shall have the right,
through its representatives, and at all reasonable times, to inspect such books and records,
including sales tax return records. Concessionaire hereby agrees that all such records and
instruments will be made available to City at the leased premises for at least a three (3) year
period.
(2) Concessionaire shall employ an independent certified public accountant
who shall furnish within one hundred twenty (120) days after the close of each contract year a
written statement to City stating that in their opinion the percentage fee paid by Concessionaire
to City during the preceding year pursuant to this Agreement was made in accordance with the
terms of this Agreement. Such statement shall also contain a list of the gross receipts as
shown on the books and records of Concessionaire and which were used to compute the fees
paid to City during the period covered by the statement. Failure on the part of Concessionaire
10
to submit this required statement within one hundred twenty (120) days after the close of each
contract year will result in the City assessing a late processing fee of Fifty and No/100 dollars
($50.00) for each month or fraction thereof that the statement is past due.
G. Audit
City reserves the right, at City's expense, to audit Concessionaire's books and
records of receipts at any time for the purpose of verifying the gross receipts hereunder. If, as a
result of such audit, it is established that concessionaire has understated the gross receipts, as
defined herein, by three percent (3%) or more, the entire expense of the audit shall be borne
by Concessionaire. Any additional percentage fee due shall forthwith be paid by
Concessionaire to City with interest thereon at ten percent (10%) per annum from the original
due date.
H. Additional Fees and-CharRe
Concessionaire shall pay to City additional fees and charges under the following conditions:
(1) If City has paid any sum or sums or has incurred any obligation or
expense which Concessionaire agreed to pay or to reimburse City; or
(2) If City is required or elects to pay any sum or sums or incurs any
obligations or expense because of the failure, neglect, or refusal of Concessionaire to perform
or fulfill any of the conditions of this Agreement.
I. Temporary Reduction of Minimum Guaranteed Fee
In the event that the following condition exists during the Agreement, the minimum guaranteed
fee shall be reduced to the percentage fee for the period of time the condition continues to
exist:
If for any reason the number of passengers deplaning from scheduled airline flights or
regular commuter flights at the Airport during any period of thirty (30) thirty or more
consecutive days is less than 75% of the number of such deplaning passengers in the
same month during the preceding calendar year, provided however, that for the months
of November through December 2002 of this contract (2002) the number of deplaning
passengers shall be compared to the number of such deplaning passengers in the
same month during the year 2000.
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iNDEMNITY
Concessionaire agrees to indemnify, protect, defend, and hold harmless
the City, and any successors, assigns, agents, officers, directors, employees,
and affiliates of City, (collectively referred to herein as"indemnitees") for, from,
and against any and all liabilities, damages, claims, suits, losses, causes of
action, liens, judgments, and expenses (including court costs, attorney's fees,
and costs of investigation) of any nature, kind or description arising or alleged to
arise by reason of injury to or death of any person or damage to or loss of
property (1) occurring on, in, or about the leased premises, or (2) by reason of
any other claim whatsoever of any person or party occasioned or alleged to be
occasioned in whole or in part by any act or omission on the part of
Concessionaire or any invitee, licensee, employee, director, officer, servant,
Contractor, or subcontractor, or (3) by any breach, violation, or non-performance
of any covenant of Concessionaire under this lease (collectively referred to
herein as "liabilities"), even if such liabilities arise from or are attributed to the
concurrent negligence of any indemnitee. The only liabilities with respect to
which Concessionaire's obligation to indemnify the indemnitees does not apply
is with respect to liabilities resulting solely from the negligence or willful
misconduct of an indemnitee. If any action or proceeding shall be brought by or
against any indemnitee in connection with any such liability or claim,
Concessionaire, on notice from City, shall defend such action or proceeding, at
Concessionaire's expense, by or through attorneys reasonably satisfactory to
City. The provisions of this Paragraph shall apply to all activities of
Concessionaire with respect to the leased premises, building or complex,
whether occurring before or after the commencement date of the lease term, or
before or after the expiration or termination of this lease. Concessionaire's
obligations under this paragraph shall not be limited to damages, compensation,
or benefits payable under insurance policies, workers' compensation acts,
disability benefit acts, or other employees benefit acts. The terms of this
provision shall survive the termination of this lease to the extent any such
damage occurs prior to such termination.
12
INSURANCE AND PERFORMANCE BOND
A. Liability Insurance
Concessionaire must secure and maintain at Concessionaire's expense during the term
of this Agreement, a Commercial General Liability insurance policy with the limits and
requirements shown on the attached and incorporated as Exhibit "B". The Certificate
of Insurance must be sent to City's Risk Manager and Airport Director and must provide
thirty (30) days written notice of cancellation, intent not to renew or material change of
any coverage required herein. Concessionaire will provide copies of all insurance
policies to the City Attorney upon the City Manager's written request.
The amount of all required insurance policies is not deemed to be a limitation on
Concessionaire's agreement to indemnify and hold harmless City, and in the event
Concessionaire or City becomes liable in an amount in excess of the amount or
amounts of the policies, then Concessionaire must save City harmless from the whole
liability.
City shall have no liability for any premiums charged for such coverage, and the
inclusion of City as a named insured is not intended to, and shall not, make City a
partner or joint venturer with Concessionaire in its operations at the concession
Premises.
B. Future Insurance Requirements
Concessionaire and City understand and agree that the minimum limits of the insurance
herein required may become inadequate, and Concessionaire agrees that it shall
increase such minimum limits upon receipt of notice in writing from City.
C, Adiustment of Claims
Concessionaire shall provide for the prompt and efficient handling of all claims for bodily
injury, property damage or theft arising out of the activities of Concessionaire under this
Agreement.
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D. Conditions of Insurance Default
City may terminate this Agreement in accordance with Section 17 of this agreement if
Concessionaire fails to consistently maintain said insurance levels.
E. Performance Bond
A Performance Bond, conditioned on performance of all of the Concessionaire's
covenants set forth in the Agreement, in the amount equal to one-half the first year's
Minimum Annual Guarantee will be required from the selected Concessionaire and shall
be renewed annually and remain in effect for the entire term of the Agreement. The
Performance Bond shall be (i) issued by a company licensed to conduct business in the
State of Texas; (ii) in the form approved by the City; and (iii) delivered to the Office of
the Director of Aviation.
10. NONDISCRIMINATION
Concessionaire, for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree, that (1) no
person on the ground of race, color, or national original shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of the leased
premises; (2) that in the construction of any improvements in the leased premises and the
furnishing of services thereon, no person on the grounds of race, color, or national original
shall be excluded from participation in the project, denied the benefits of, or otherwise be
subjected to discrimination; (3) that Concessionaire shall use the leased 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, and as said Regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, City
shall have the right to terminate this Agreement and to re-enter and repossess the facilities
thereon, and hold the same as if this Agreement had never been made or issued.
Concessionaire further agrees to undertake all applicable mandated actions that may be
14
required pursuant to Americans with Disabilities Act, as may be amended.
11. AFFIRMATIVE ACTION
The Concessionaire assures that it will undertake an affirmative action program as
required by 14 CFR Part 12, Subpart E, to insure that no person shall on the grounds of race,
creed, color, national origin, or sex be excluded from participating in any employment activities
covered in 14 CFR Part 162, Subpart E, The Concessionaire assures that no person shall be
excluded on these grounds from participating in or receiving the services or benefits of any
program or activity covered by this subpart. The Concessionaire assures that it will require that
its covered sub organizations provide assurances to the Concessionaire that they similarly will
undertake affirmative action programs and that they will require assurances from their sub
organizations, as required by 14 CFR, Part 152, Subpart E, to the same effect.
12. DISADVANTAGED BUSINESS DEVELOPMENT
A. This Agreement is subject to the requirements of the U.S. Department of
Transportation's regulations, 49 CFR part 23, subpart F. The Concessionaire agrees that it will
not discriminate against any business owner because of the owner's race, color, national
origin, or sex in connection with the award of performance of any concession agreement
covered by 49, CFR part 23, subpart F.
B. Concessionaire agrees to include the statements in paragraph 13.A. in any
subsequent concession agreements that it enters and cause those businesses to similarly
include the statements in further agreements.
C. Concessionaire shall comply with Airport's approved Disadvantaged Business
Enterprise (DBE) program submitted in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Office of the
Secretary, Part 23, Participation by Minority Business Enterprise programs of the Department
of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
D. If Concessionaire is a DBE firm, evidence of certification is a Disadvantaged
Business Enterprise issued under a Disadvantaged Business Enterprise program approved by
the Department of Transportation shall be provided prior to the commencement of this
15
agreement. If Concessionaire is eligible for certification as a DBE, but is not currently certified,
Concessionaire shall notify City of its eligibility prior to the commencement of this agreement
so that the certification process can be initiated.
13. EMINENT DOMAIN
In the event that the United States of America or the State of Texas or any entity having
the power of eminent domain shall, by exercise of the right of eminent domain or any other
power, acquire title in whole or in part to the Airport, including any portion assigned to
Concessionaire, Concessionaire shall have no right of recovery whatsoever against City but
shall make its claim for compensation solely against the United States of America or the State
of Texas or the condemning entity., as the case may be.
14. UNTENANTABLE PREMISES AND RELOCATION
A. If leased premises are partially damaged by fire or other casualty, but not
rendered untenantable, City shall repair the premises at its own cost and expense, subject to
the limitations of Paragraph 15.E.; provided, however, that if the damage is caused by the
negligent act or omission of Concessionaire, its sub lessees, agent, or employees,
Concessionaire shall be responsible for reimbursing City for the cost and expenses incurred in
such repair.
B. If the damage be so extensive as to render the leased premises untenantable but
capable of being repaired in sixty (60) days, the same shall be repaired by City at its own cost
and expenses, subject to the limitations of Paragraph 15.E., and the fees payable by
concessionaire shall be proportionately paid up to the time of such damage and cease until
such time as the assigned premises shall be restored and again made tenantable; provided;
however, that if said damage is caused by the negligent act or omission of Concessionaire, its
sub lessees, agents or employees, the fees due will not abate and Concessionaire shall be
responsible for reimbursing City for the costs and expenses incurred in such repair.
C. In the event the premises are completely destroyed by fire or other casualty or so
damaged that they will remain untenantable for more than sixty (60) days, the City shall be
under no obligation to repair, replace and reconstruct the leased premises, and concession
fees shall be paid up to the time of such damage and destruction and thereafter cease until the
16
premises shall be fully restored. If within twelve (12) months after the time of the damage or
destruction the leased premises have not been repaired or reconstructed for Concessionaire's
use, or other reasonable facilities provided, Concessionaire may give City written notice of its
intention to cancel this Agreement in its entirety as of the date of such damage or destruction.
D. Notwithstanding paragraph 15.C., if the leased premises are completely
destroyed as a result of the negligent acts or omissions of Concessionaire, fees payable
hereunder shall not abate and City may, in its sole discretion, require Concessionaire to repair
and reconstruct the leased premises and pay the costs therefor; or City may, in its sole
discretion, repair and reconstruct the leased premises and Concessionaire shall be responsible
for reimbursing City for the costs and expenses incurred in such repair.
E. It is understood that, in the application of the foregoing Paragraphs 15.A., B., and
C., City's obligations shall be limited to repair or reconstructing of the leased premises, where
applicable, to the same extent and of equal quality as obtained at the commencement of this
Agreement, City will not be responsible for repair or replacement of improvements, furniture,
furnishings, equipment or expendables.
F. Should the improvements, furniture, furnishings, equipment or expendables, or
any part of them, be destroyed or damaged, they shall in all instances be repaired or replaced
by Concessionaire whether or not said damage or destruction is covered by insurance,
provided that this Agreement has not been canceled in accordance with the terms thereof.
Redecoration and replacement of damaged or destroyed furniture, furnishing, equipment and
expendables shall also be the responsibility of Concessionaire and any such redecoration,
refurnishing, and re-equipping shall be of equivalent quality to that originally installed
hereunder. If Concessionaire fails to repair or replace such damaged or destroyed
improvements subject to a schedule approved by City or fails to redecorate or replace
damaged or destroyed furniture, furnishing, equipment and expendables, and provided that
this Agreement has not been canceled, City may make such repairs or replacement and
recover from Concessionaire the cost and expense of such repair or replacement.
G. The Director may require the Concessionaire to vacate or relocate all or part of
the Premises upon first giving written notice to the Concessionaire. The notice must identify
that portion of the Premises to be vacated or relocated and the date the Concessionaire must
vacate. The Airport will work with the Concessionaire to locate replacement Concession space
17
within the Terminal of the approximate size of the Premises taken. Airport has no obligation or
liability to pay any moving cost or any claim for lost revenue or profits associated with the
relocation or removal of Concession space from the Concessionaire's premises. The Airport
will reimburse the Concessionaire for the unamortized capital investment for each portion of
the Premises taken within 60 days after Concessionaire vacates that portion as required by this
provision. Unamortized capital investment shall be defined as the cost of the capital
investment as agreed upon by Concessionaire and City less straight line depreciation from the
date Concessionaire begins operations in the permanent location.
15. LIABILITY OF CITY
It is specifically understood and agreed that City shall have no liability to Concessionaire
for damage to or loss of property of Concessionaire, its employees, agents, servants, or
patrons, from any cause whatsoever, unless such damage to or loss of property shall be
caused by gross negligence or willful misconduct on the part of City, its employees, agents, or
servants.
16. ASSIGNMENT AND SUBLETTING
Concessionaire shall not assign this Agreement or sublet the leased premises, either in
whole or in part, prior to the Corpus Christi City Council approving such assignment or
sublease. No request for, or consent to, such assignment or sublease shall be considered
unless Concessionaire shall have paid all rentals, fees, and charges which have accrued in
favor of City and Concessionaire shall have otherwise met all other legal obligations to be
performed, kept, and observed by it under the terms and conditions of this Agreement or as
this Agreement may be subsequently amended or modified.
17. TERMINATION BY CITY
This Agreement shall be subject to cancellation by City in the event of the happening of
any or more of the following contingencies:
A. Concessionaire shall file a voluntary petition of bankruptcy; or if proceedings in
bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to
such proceedings; or if a court shall take jurisdiction of Concessionaire and its assets pursuant
18
to proceedings brought under the provisions of any federal reorganization act; or if a receiver
for Concessionaire's assets is appointed; or if Concessionaire shall be divested of its rights,
powers, and privileges under this Agreement by other operation of law.
B. Concessionaire shall abandon and discontinue the conduct and operation of said
concession at the Airport.
C. Concessionaire shall default in or fail to make any payments at the times and in
the amounts as required of it under this Agreement.
D. Concessionaire shall fail to perform, keep, and observe all of the covenants and
conditions contained in this Agreement to be performed, kept, and observed by it, including,
but not limited to, the payment of fees and other charges in the time, manner, and amount as
provided in this Agreement and compliance with all applicable laws, ordinances, codes, rules,
and other regulatory measures of the United States of America, the State of Texas, County of
Nueces and City of Corpus Christi, and the rules and regulations governing the use, operation,
and control of the Airport.
E. All rights, privileges, or interests acquired by Concessionaire under the terms of
this Agreement may, at the option of City, following written notice of thirty (30) days, be
suspended or finally terminated if such suspension or termination is found by City, acting in
good faith, to be necessary to secure Federal financial aid for the development and
improvement of said Airport.
F. Upon the happening of any of the contingencies recited in subsection B, C, and D
of this paragraph 17, City shall give written notice to Concessionaire to correct or cure such
default, failure to perform, or breach; and if, within thirty (30) days from the date of such notice,
the default, failure to perform, or breach complained of shall not have been corrected in a
manner satisfactory to City's Director of Aviation, then, in such event, City shall have the right,
at once and without further notice to Concessionaire, to declare this Agreement terminated and
to enter upon and take full possession of the leased premises.
G. Upon the happening of any one of the contingencies enumerated in subsection A
of paragraph 17 hereof, this Agreement shall be deemed to be breached by Concessionaire
and thereupon, ipso facto and without entry or any other action by City, this Agreement shall
terminate, subject to be reinstated only if such involuntary bankruptcy or insolvent proceedings,
petition for organization, trusteeship, receivership, or other legal act divesting Concessionaire
19
of this rights under this Agreement shall be denied, set aside, vacated, or terminated in
Concessionaire's favor within sixty (60) days form the happening of the contingency. Upon the
happening of said latter events, this Agreement shall be reinstated as if there had been no
breach occasioned by the happening of said contingencies, provided that Concessionaire
shall, within ten (10) days after the final denial, vacating, or setting aside of such petition on the
vacating, terminating, or setting aside of such appointment, pay or discharge any or all sums of
money which may have become due under this Agreement in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all their obligations which may have
accrued and become payable in the interim.
18. TERMINATION BY CONCESSIONAIRF
Concessionaire may cancel this Agreement and terminate all or any of its obligations
hereunder at any time Concessionaire is not in default under the terms hereof by giving thirty
(30) days written notice upon or after the happening of any one of the following events.
A. The permanent abandonment of the Airport as an air terminal.
B. The issuance by any court of competent jurisdiction of an injunction substantially
preventing or restraining the use of the Airport or of the terminal building and the remaining in
force of such injunction for at least ninety (90) days.
C. The breach by City of any of the terms, covenants, and conditions of this
Agreement and the failure of City to act to remedy such breach for a period of sixty (60) days
after the receipt of written notice from concessionaire of the existence of such breach.
D. In the event of destruction of all or a material portion of the Airport or its facilities,
or in the event that any agency or instrumentality of the United States Government or any state
or local government were to occupy the Airport or a substantial part thereof, or in the event of
military mobilization or public emergency where theirs is a curtailment (either by executive
decree or legislative action) of normal civilian traffic at the Airport or of the use of motor
vehicles or airplanes by the general public or in the event of a limitation of the supply of
automobiles or automobile fuel supplies or parts for general public use, or in the event of
strikes, boycotts, labor disputes, embargoes, shortage of materials, provided; however, that
any of said events must first result in material interference with Concessionaire's normal
business operations or substantial diminution in Concessionaire's gross revenues of 50% for a
20
period of sixty (60) or more consecutive days.
19. WAIVE RS
A. The acceptance of charges and fees by City for any period or periods after a
default of any of the terms, covenants, and conditions herein contained to be performed, kept,
and observed by Concessionaire shall not be deemed a waiver of any rights on the part of the
City to terminate this Agreement for failure by Concessionaire to so perform, keep, or observe
any of the terms, covenants, or conditions hereof to be performed, kept, and observed.
B. No waiver of default by either party of any of the terms, covenants, or conditions
of this Agreement to be performed, kept, and observed by either party either prior to or after
either party may have remedied the same, shall be construed to be or act as a waiver of any
subsequent default of any of the terms, covenants, and conditions herein contained to be
performed, kept, and observed by either party.
20. DISPOSITION OF FURNISHINGS AND EQUIPMENT UPON TERMINATION
A. Upon the termination of this Agreement or any renewal thereof by lapse of time,
and the operation of the News and Gift concession at the Airport is assumed by a third party
selected by City, then, in such event, Concessionaire agrees with City that it shall and will be
reimbursed by City for the remaining unamortized investments made by Concessionaire at the
Airport.
B. In the event of any termination or cancellation of this Agreement, other than by
lapse of time, City shall have no liability to Concessionaire whatsoever except that City shall
have and is hereby given the right by Concessionaire to purchase, at salvage value to be
determined by Concessionaire, the furniture, fixtures, and equipment of Concessionaire then
installed, if City so desires.
C. At such time as a third party operator may provide its own furnishings, fixtures,
and equipment, and under the circumstance that the City elects not to purchase the
furnishings, fixtures, and equipment of Concessionaire herein, then Concessionaire shall
remove furnishings, fixtures, and equipment, with fixed improvements remaining the property of
City as provided in 5.B.
21
General Counsel
HMS Host Corporation
6600 Rockledge Drive
Bethesda, MD 20817
Senior Vice President of Development
HMS Host Corporation
6600 Rockledge Drive
Bethesda, MD 20817
or to such other respective addresses as the parties may designate to each other in
writing from time to time.
24. GOVERNMENTAL FACILITIES
In the event the Federal Government discontinues the provision and operation of air
traffic controls, navigational aids, and other airport facilities which are now or may hereafter be
furnished by it, City shall not be required or obligated to furnish such facilities and services
after discontinuance thereof by the Federal Government.
25. AIRPORT SECURITY
Concessionaire covenants and agrees that it will at all times maintain the integrity of the
Airport Security Plan and FAR Part 107, as amended from time to time. Should
Concessionaire, through a negligent act of its own, allow access to the Security Identification
Display Area to an unauthorized person or persons, and City should be cited a civil penalty for
the concessionaire's breach of security, Concessionaire agrees to reimburse City for any
monetary civil penalty which may be imposed upon City by the Federal Aviation Administration.
26. GOVERNMENTAL RIGHTS
Nothing in this lease shall be construed or interpreted in any manner whatsoever as limiting,
relinquishing, or waiving of any rights or ownership enjoyed by City in said Airport or in any
manner waiving or limiting its control over the development, improvement, operations, and
maintenance of the Airport or in derogation of such governmental rights as City possesses,
except as may be otherwise specifically provided herein.
27, PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience in reference and are not
23
intended to specificaliy define or limit the scope of any provision of this Agreement.
28. FAMILIARITY AND COMPLIANCE WITH TERMS
A. Concessionaire represents that it has carefully reviewed the terms and conditions
of this Agreement and is familiar with such terms and conditions and agrees to faithfully comply
with the same to the extent to which said terms and conditions apply to its activities as
authorized and required by this Agreement.
B. It is understood that Concessionaire's proposal submitted in response to the
Request for Proposal relative to the award of this Agreement, and any written answers to
questions asked by City are all made part of this Agreement by reference, and this Agreement
shall supersede any conflicting agreements.
29. SUCCESSORS AND ASSIGNS
All previsions of this Agreement shall extend to bind and inure to the benefit not only of
City and of Concessionaire, but also their legal representatives, successors, and assigns.
30. ATTORNEY'S FEES AND COSTS
Should this lease be placed by CITY in the hands of any attorney for collection, or for
handling costs of bankruptcy or probate proceedings, CITY shall be entitled to recover its costs
and reasonable and necessary attorneys fees. In such event, reasonably and necessary
attorneys fees are agreed to be ten percent (10%) of all sums due and owing under the
Concession Agreement, unless otherwise pleaded and proved.
31. STATE LAW AND VENUE DETERMINATION
This Agreement shall be subject to and governed under the laws of the state of Texas.
Any and all obligations and payments are due and per[ormable and payable in Nueces County,
Texas. The parties agree that venue for purposes of any and all lawsuits, causes of action,
arbitrations, or other disputes shall be in Nueces County, Texas.
32. CANCELLATION OF ALL PREVIOUS NEWS AND GIFT CONCESSION AGREEMENTS
By mutual execution of this Agreement the parties agree to cancel all prior News and
24
Gift Concession Agreements in effect for operation by Concessionaire at Corpus Christi
International Airport as of the date of said mutual execution.
33. PUBLICATION COSTS
Concessionaire agrees to pay the costs of newspaper publication of this Agreement and
related Ordinance as required by the City Charter.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective proper officers and have affixed their corporate seals hereto as of the day and
year first above written.
EXECUTED IN DUPLICATE ORIGINALS this
authorized representative of the parties.
__ day of ,2002, by the
ATTEST:
City of Corpus Christi, Texas
Armando Chapa
City Secretary
David R. Garcia
City Manager
Approved as to Legal Form on
James R. Bray, Jr.
City Attorney
,2002
By:
John P. Burke, Jr,
Assistant City Attorney
25
CONCESSIONAIRE:
Name: Steven L. Johnson
Title: Vice President, BuSiness Development
26
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Corpus Christi Internal~ansi/~rpo# -
LEASED PR
ECK POINT
AISES
FOOD COURT
CITY GATE AREA
0
FIGURE Cl
PROPOSED
NEWS/GIFT CONCESSION AREA
CORPUS CHRISTI
INTERNATIONAL AIRPORT
2002 NEWS/GIFT LEASEAGREEMENT
EFFECTIVE
NOTE: AU. MEASUREMENTS TO DETERMINE THE
LOP.~ATED IF SUCH INTERIOR WALL EXISTED.
~ I~r~: 8-2002.
27
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..............
® NEWS/GIFT (148.30 SF)
,PEdCAx srQ1AG(
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FIGURE C2
PROPOSED
NEWS/GIFT INVENTORY AREA
CORPUS CHRISTI
INTERNATIONAL AIRPORT
2002 NEWS/GIFT LEASE AGREEMENT
EFFECTIVE
NOTE: ALL MEASUREMENTS TO DETERMINE THE
AREA OF EXCLUSIVE SPACE LEASED SMALL
BE FROM THE INTERIOR OF THE EXTERNAL
WALLS AND FROM THE CENTERLINE TO
CENTERLINE OF EACH INTERIOR WALL. OP,
IN THE ABSENCE OF INTERIOR WALLS, THE
POINT OF SAID CENTERLINE WOULD BE
.... .. LOCATED IF SUCH INTERIOR WALL EXISTED.
KEY MAP
CM:M AREA
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(SDSDS Y)
NEWSIGIFT INVENTORY -STORAGE AREA
..............
® NEWS/GIFT (148.30 SF)
,PEdCAx srQ1AG(
Q
FIGURE C2
PROPOSED
NEWS/GIFT INVENTORY AREA
CORPUS CHRISTI
INTERNATIONAL AIRPORT
2002 NEWS/GIFT LEASE AGREEMENT
EFFECTIVE
NOTE: ALL MEASUREMENTS TO DETERMINE THE
AREA OF EXCLUSIVE SPACE LEASED SMALL
BE FROM THE INTERIOR OF THE EXTERNAL
WALLS AND FROM THE CENTERLINE TO
CENTERLINE OF EACH INTERIOR WALL. OP,
IN THE ABSENCE OF INTERIOR WALLS, THE
POINT OF SAID CENTERLINE WOULD BE
.... .. LOCATED IF SUCH INTERIOR WALL EXISTED.
KEY MAP
CM:M AREA
Clirw APPRCAU UY. WrO
'M Wt. b 2UUl
10!Ht )5 })\MLAS Gtr
EXHIBIT "B"
INSURANCE REQUIREMENTS
I. CONCESSIONAIRE'S LIABILITY INSURANCE
A. Concessionaire must not commence work under this agreement until Concessionaire has
obtained all insurance required herein and the City has approved such insurance. The
Concessionaire must not allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been obtained.
B. Concessionaire must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s) acceptable
to the City's Risk Manager. The City must be named as an additional insured for all liability
policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation, non-renewal, Bodily Injury and Property Damage
material change or termination required on Per Occurrence Aggregate Limit
all Certificates
$1,000,000 Combined Single Limit
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3 Products/Completed Operations Hazard
4. Contractual Insurance
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
Automobile Liability -- Owned, Non-owned $1,000,000 Combined Single Limit
or Rented
Workers' Compensation
Employers' Liability
Which Complies with the Texas Workers'
Compensation Act and Section II of this
Exhibit
$500,000 per injury or disease
C. In the event of accidents of any kind, the Concessionaire must furnish the Risk Manager
with copies of all reports of such accidents at the same time that the reports are
forwarded to any other interested parties.
29
II. ADDITIONAL REQUIREMENTS
Ac
Concessionaire must obtain workers' compensation coverage through a licensed
insurance company or through self-insurance obtained in accordance with Texas law. If
such coverage is obtained through a licensed company, the contract for coverage must
be written on a policy and endorsements approved by the Texas Department of
Insurance.
Whether workers' compensation coverage is provided through a licensed insurance
company or though self-insurance, the coverage provided must be in an amount
sufficient to assure that all workers' compensation obligation incurred by the
Concessionaire will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of
subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or between "be" and
"canceled", and deleting the words, "endeavor to", and deleting the wording after "left".
· The name of the project must be listed under"Description of Operations".
· At a minimum, a 30-day written notice of material change, non-renewal, termination or
cancellation is required.
Co
If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1.B (1)-(7), an authorized representative of the insurance
company must include a letter specifically stating whether items 1 .B. (1)-(7) are included
or excluded.
3O
17
RESOLUTION
ESTABLISHING GUIDELINES FOR CITY STAFF TO FOLLOW IN
NEGOTIATIONS FOR DEVELOPMENT OF THE MARINA AND THE
PATENTED WATER AREA
WHEREAS, the City Council wishes to publicly provide guidance to City staff for
negotiations for development in the Marina and the patented water area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. These guidelines shall establish policy for City staffto follow in
negotiating with private developers for projects in the Marina and the patented water area.
SECTION 2. Any proposed development:
A. Will not create a carnival atmosphere, but will be tasteful and consistent with
preserving the bayfront as an area of special beauty while maintaining the family
atmosphere that currently exists.
B. Will not prevent existing activities such as fishing, boat launching, and public access
to charter and shrimp boats.
C. Will not be offered tax abatements or rebates.
D. Will not allow gambling, legal or illegal.
E. Will assure free parking for current activities, including access to charter and shrimp
boats.
F. Will be consistent with planned Marina improvements.
G. Will assure the City receives fair market value for any right granted.
ATTEST:
Armando Chapa
City Secretary
APPROVED THIS THE DAY OF
James R. Bray, Jr., City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
,2002:
18
ORDINANCE STATUS
AGENDA ITEM:
Ordinance waiving the publication of Legal Notice; renaming the Park at 13608 Port Royal
on Padre Island from Cobo Park to Douden Park; providing for severance; and providing
for publication.
FIRST READING:
September 24, 2002
Passed: 8-0 (Absent - John Longoria)
FINAL READING:
October 8, 2002
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting on September 24, 2002
AGENDA ITEM:
Adoption of an ordinance authorizing the renaming of Cobo Park as Douden Park.
ISSUE:
The City has established a formal policy for naming parks and recreation facilities. The
City has received a renaming request from the Cobo Park Committee for Cobo Park
located at Cobo de Bara Circle on the Island.
BACKGROUND:
The Park and Recreation Advisory Committee voted unanimously at their September
11, 2002 regular meeting to recommend that the City Council consider waiving the
newspaper publication for this renaming request related to Cobo Park, in part due to
health concerns for the Doudens. The Committee also is asking that the City Council
approve the requested renaming.
REQUIRED COUNCIL ACTION:
City Council must approve the naming of all City facilities, parks and recreation facilities
and that process is finalized by the adoption of an ordinance.
RECOMMENDATION:
Staff recommends the renaming of Cobo Park as Douden Park be approved and the
waiver granted as requested.
ADDITIONAL SUPPORT MATERIAL
Request for the Naming of Parks and
Facilities Form
Daniel L. Whitworth
Director, Park and Recreation
X
ItS~UBaT ]~OR TH~
OF PAI~S AND FACILII'm$
PARK AND R,~CRP. dq,'fI*OIq* Di~AR~
CITY OF COiU'U8 CHRISTI, TEXAS
Doyouml~V.r~m~oqpmiz~on~p~lo~m_~mqu~? ye. ~;
FOR OIP'Flt.~ USE ONLY:
AN ORDINANCE
WAIVING THE PUBLICATION OF LEGAL NOTICE; RENAMING THE
PARK AT 13608 PORT ROYAL ON PADRE ISLAND FROM COBO
PARK TO DOUDEN PARK; PROVIDING FOR SEVERANCE; AND PRO-
VIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Pursuant to Policy No. 6 of Council Policies, Resolution No. 21901,
adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation
Advisory Committee, the City Council waives the publication of legal notice.
SECTION 2. The name of the park at 13608 Port Royal on Padre Island, currently
known as Cobo Park, is hereby renamed Douden Park.
SECTION 3. 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, para-
graph, subdivision, clause, phrase, word or provision of this ordinance, for it is the def-
inite intent of the City Council that every section, paragraph, subdivision, phrase, word
and provision hereof shall be given full force and effect for its purpose.
SECTION 4. Publication of this ordinance will be made in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus Christi,
Texas.
19
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: October 8, 2002)
Case No. 0802-02~ HDB Enterprises~ Inc.: A change of zoning from an "R-lB" One-family Dwelling
District to a "B-4" General Business District on a 0.502 acre out of Nueces River Irrigation Park Annex No. I,
located 150 feet north of Northwest Boulevard and 475 feet west of County Road 69.
Planning Commission and Staff's Recommendation (08/14/02): Approval.
Requested Council Action: Approval of the "B-4" General Business District and adoption of the attached
ordinance.
Purpose of Request: To develop the property as commercial.
Summary: The applicant has requested a change of zoning fi.om a "R-I B" One-family Dwelling District to a "B-4"
General Business District in order to develop the property with commercial uses. The subject property is the north
0.502 acre of a 1.671-acre tract of land that fronts Northwest Boulevard. The south 1.169 acres are zoned a "B-4"
District. Development of the adjoining property to the south and the subject property is planned as a joint
development. Access to the subject property is proposed through the adjoining "B-4" District property that has direct
access to Northwest Boulevard. Northwest Boulevard is approximately 350 feet south of the subject property. The
adjoining 23.45 acre area to the north, east and west is zoned with a "R-lB" District and is primarily undeveloped
except for a neighborhood athletic field. Approximately 50 feet east, there is a "B-4" District tract containing 5.04
acres and extends north approximately 975 feet fi.om Northwest Boulevard. The property is developed with a mini-
storage facility and automotive services. Southwest of the subject property along Northwest Boulevard is an "AB"
Professional Office District area developed with a church and west of that site is a "B-4" District developed with a
veterinarian clinic. The Comprehensive Plan recommends the area to develop with low density residential. Since
the subject property is planned for development with the "B-4" District to the south and has frontage along
Northwest Boulevard, an arterial, the requested "B-4" District can be supported. Approval of the "B-4" District
would require screening along the north, east and west property lines of the subject property due to residential
adjacency. With future access to the subject property provided through the adjoining south property to Northwest
Boulevard the impact of expanding the "B-4" District would be minimal on the planned residential area to the north,
east and west.
Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, eight (8) notices were mailed to the property owners within a
200-foot radius, of which none were returned in favor or in opposition. This is a noncontroversial case.
Director of Planning
MG/FGM/er
Attachments:
1) Zoning Report Pages 2-8
2) Comments Received Page 9
3) Planning Commission Minutes Page 10
4) Ordinance Pages 11-12
H:~PLN-DIR~ERMA\WORD~AGENDMEM~0802-02AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0802-02
August 14, 2002
M9C
HDB Enterprises, Inc.
Being 0.502 acre out of Nueces River Irrigation Park Annex No. 1, located 150 feet north of
Northwest Boulevard and 475 feet west of County Road 69.
0.502 acre (21,867 square feet)
1.671 acres
"R- 1B" One-family Dwelling District
"B-4" General Business District
Undeveloped land.
To develop the property as commercial.
Not applicable.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zoning:
North, East, West- "R-1B" One-family Dwelling District
South - "B-4" General Business District
Adjacent Land Use:
All directions - Undeveloped land.
Zoning
Cam~ No. 0802-02 0-1DB Ent~rpm~$)
P~g~ 2
Number of Residential Units Aflowed:
"R-lB" - 3 units (7.26 dwelling units per acre on 0.50 acres)
"B-4" - 18 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Specialty retail center- 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor
area x 10,000 square feet of gross floor area (per ITE Manual) = 406 average weekday vehicle trip
Adiacent Streets/Classification:
a) Northwest Boulevard (F.M. 624) - 350 feet south of subject property - arterial
Right-of-Way Design
Current:
a) 150-foot right-of-way with an 82-foot wide rural paved section.
Planned:
a) Same as current.
2001 Traffic Count {24-hour~ weekday~ non-directional):
a) 27,669 vehicles per day
Zoning History of Property:
In December 1999, the subject property was annexed into the City and zoned an "R-lB" District.
Recent Surrounding Zoning Cases:
May 2002, Riverside Hospital Tract, Block 1, Lot 2, located on the south side of Northwest
Boulevard at the Wildcat Drive intersection and southeast of the subject property was granted a
change of zoning from "AB" District to "B-4" Dis~ct.
August 2001, 3.5 acres out of Nueces River Irrigation Park, Section 2, Lot 1, located on the south
side of Northwest Boulevard, approximately 600 feet west of County Road 69 and 400 feet south
of the subject property was granted a change of zoning from "FR" District to "B-4" District.
Zonln~o Report
Case No. 0802-02 (HDB Enterprises)
Page 3
In December 1999, the area along Riverwood Drive, east of River Hill Drive and the subject
property, was annexed into the City and zoned an "R-lB" District.
In Februmy 1997, a 0.91 -acre tract southwest of the subject property, was granted a change of zoning
from an "F-R" District to a "B-4" District for a retail store.
Zoning Inventory:
The subject property is part of the undeveloped "R-lB" District that contains 23.95 acres. Further
to the north and west is 1,049.81 acres predominantly developed with single-family residences.
There are several tracts of land zoned a "B-4" District with a 2.06-aere tract of undeveloped land
south of the subject property and 5.04 acres to the east developed with mini -storage and automotive
services. There is an "AB" District southwest of the subject property that contains 2.46 acres and
is developed with a church.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
fi.om a "R-lB" One-family Dwelling District to a "B-4" General Business District in order
to develop the property with commercial uses. The subject property is the north 0.502 acre
of a 1.671-acre tract of land that fronts Northwest Boulevard. The south 1.169 acres are
zoned a "B-4" District. Development of the adjoining property to the south and the subject
property is planned as a joint development. Access to the subject property is proposed
through the adjoining "B-4" District property that has direct access to Northwest Boulevard.
Northwest Boulevard is approximately 350 feet south of the subject propex~y. The adjoining
23.45 acre area to the north, east and west is zoned with a "R-lB" District and is primarily
undeveloped except for a neighborhood athletic field. Approximately 50 feet east, there is
a "B-4" District tract containing 5.04 acres and extends north approximately 975 feet from
Northwest Boulevard. The property is developed with a mini-storage facility and automotive
services. Southwest of the subject property along Northwest Boulevard is an "AB"
Professional Office District area developed with a church and west of that site is a "B-4"
District developed with a veterinarian clinic. The Comprehensive Plan recommends the area
to develop with Iow density residential. Since the subject property is planned for
development with the "B-4" District to the south and has frontage along Northwest
Boulevard, an arterial, the requested "B4" District canbe supported. Approval of the "B4"
District would require screening along the north, east and west property lines of the subject
property due to residential adjacency. With future access to the subject property provided
through the adjoining south property to Northwest Boulevard the impact of expanding the
"B-4" District would be minimal on the planned residential area to the north, east and west.
Conformity to the Comprehensive Plan and I amd Use Compatibility: The Comprehensive
Plan Elements can support the requested "B-4" District because the proposed development
will have direct access to an arterial without traversing a residential area. The Northwest
Area Development Plan's adopted future land use map recommends the area to develop with
Zoning Report
Case No. 0802-02 (HDB Enterprises)
Page 4
low density residential. However, the "B4" District adjoins another "B4" District to the
south that is under the same ownership and the south property has direct access to Northwest
Boulevard, an arterial. Approval of the "B-4" District would be an expansion of the "B-4"
District to the south and east.
Potential Housing Density: A "R-lB" District permits a density of 7.26 dwelling units per
acre or 3 units on the subject property. The "B-4" District permits a density of 36.30
dwelling units per acre or 18 units on the subject property. This increase in density will not
impact the area.
Height/Bulk/Setbacks/Etc: The "R-lB" District requires a front yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. The "B-4" District requires a frnt yard
setback of twenty (20) feet with no required side or rear yard setback unless adjacent to a
residential district where a setback often (10) feet is required along that adjacency. A ten
(10) foot setback would be required along the north, east and west property lines due to the
residential adjacency. The "R-lB" District limits the building height to three O) stories or
35 feet. The "B-4" District does not limit the building height.
Signage: The "R-lB" District limits signs to one wall sign not to exceed one square foot.
Signs in the "B-4" District are unlimited as to size, height, or number provided they are
located behind the fi'ont yard setback. Freestanding signs within the fi'ont yard setback are
limited to one sign per street frontage with an area of forty (40) square feet and a height of
25 feet.
Traffic: The development of commercial uses on the subject property could generate
approximately 406 dally trip ends. Northwest Boulevard is 350 feet south of the subject
property and is classified as an arterial designed to handle large volumes of traffic.
Parking/Screening: Retail development is required to provide one off-street parking space
for each 200 square feet of gross floor area. Compliance with the off-street parking will be
required during the permitting phase of the development. A standard screening fence with
a height of not less than six (6) feet is required when a business or industrial use abuts a
residential district. A screening fence will be required along the north, east and west property
lines.
Costs to Ci _ty: All of the infrastructure required to serve the subject property will be at the
developer expense during the platting phase. Additional costs to the City are not anticipated.
· Platting: Platting of the property is required.
Pros: (Ideas in support of the request.)
a)
The requested "B-4" District is an expansion of the adjacent "B-4" District to the south and
further east.
Zoning Report
Case No. 0g02-02 (HDB Enterprises)
Page 5
b)
The proposed commercial development is consistent with the pattern established along
Northwest Boulevard.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The requested "B-4" District is not consistent with the Northwest Area Development Plan's
adopted land use map.
Staff Recommendation:
Approval.
Attachments:
Zoning and Ownership Map
Ownership List
H:XPLN-DIR~ERMA\WORD~.ONRFI~\0802-02CCREPORT.DOC
O.C.L
R-lB
MAR I ANO LOPEZ
DE HERRERA GRANT
R-I suBjecT X
~IVER
IRRIG, PARK
F-R
R-lB
B-4
F-R
IRRIGATION PARK
2
2
Jul 31, 2002 - RP
i0
CASE Z0802-02
F-R
· - Property Owner in Favor
X Property Owner Opposed
See Comments on Page(s) ~
Subject property
Owners within 200 feet Ileted on uttoched ownership lest
Applicant: HDB Enterprises, Inc.
3200 Agnes St. 78405
1
Z0802-02 336005490301
DELUXE PROPERTIES
3200 AGNES
CORPUS CHRISTI TX 78405
HERRERA GRANT N POR 21.75 ACS
OWNERSHIP LIST
CASE NO. 0802-02
Representative: Albert E. Franco, Jr.
RVE, Inc.
P. O. Box 2927 78403
2
Z0802-02 587900000300
H D B ENTERPRISES INC
11617 UPRIVER RD
CORPUS CHRISTI TX 78410
NUECES RIVER IRRIG PK ANNEX 81,
4.572 ACS
1
Z0802-02 587900010030
DELUXE PROPERTIES
3200 AGNES
CORPUS CHRISTI TX 78405
NOECES RIVER IRRIG PK ANNEX 81
LT 3 BK 1
1
Z0802-02 587900010040
DELUXE PROPER'lIES
3200 AGNES
CORPUS CHRISTI TX 78405
NUECES RIVER IRRIG PK ANNEX 81
LT 4 BK 1
1
Z0802-02 587900010050
DELUXE PROPERTIES
3200 AGNES
CORPUS CHRISTI TX 78405
NUECES RIVER IRRIG PK ANNEX 81
LT 5 BK 1
3
Z0802-02 588400000100
CALVARIO BAPTIST CHURCH
14358 NORTHWEST BLVD
CORPUS CHRISTI TX 78410
NUECES RIVER IRRIG PK ANNEX 82
LT lA
4
Z0802-02
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXS 78416
SP
Z0802-02 587900000300
H D B ENTERPRISES INC
11617 UPRIVER RD
CORPUS CHRISTI TX 78410
NUECES RIVER IRRIG PK ANNEX 81,
4.572 ACS
Z0802-02
PEGGY BAI~ALES
3134 SEVEN TREES
CORPUS CHRISTI, TEXAS 78410
Z0802-02
CHARLES SCHROEDTER
RIVER RIDGE HOMEOWNER'S
ASSN.
13901 RIVERWAY DR.
CORPUS CHRISTI, TEXAS 78410
Z0802-02
DAVID CROFT
WOODRIVER HOMEOWNER'S ASSN.
4033 WOOD RIVER D1L
CORPUS CHRISTI, TEXAS 78410
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0802-02
HI)B Enterprises, Inc.
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor: None.
Opposition: None.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:XP LN-D IR~ERMA\WORD\COMMDATA~0802 -02COMMENTS.DOC
q
Planning Commission Minutes
August 14, 2002
HDB Enterprises, Inc.: 0802-02
REQUEST:
"F-R" Farm-Rural District to "B-4" General Business District being 0.502 acre out of
Nueces River Irrigation Park Annex No. 1, and located 150 feet north of Northwest
Boulevard and 475 feet west of County Road 69.
Mr. Saldafia presented a computerized slide illus~ation of the subject property and the
surrounding area. The subject property is part of the undeveloped "R-lB" District that contains 23.95 acres.
Further to the north and west is 1,049.81 acres predominantly developed with single-family residences.
There are several tracts of land zoned a "B-4" District with a 2.06-acre tract of undeveloped land south of
the subject property and 5.04 acres to the east developed with mini -storage and automotive services.
There is an "AB" Disltict southwest of the subject property that contains 2.46 acres and is developed with a
church.
The applicant has requested a change of zoning fi.om a "R-I B" One-family Dwelling District to a
"B-4" General Business District in order to develop the properly with commercial uses. The subject
property is the north 0.502 acre of a 1.671-acre Iract of land that fronts on Nor&west Boulevard. The south
1.169 acres are zoned a "B-4" District. Development of the adjoining property to the south and the subject
property is planned as a joint development. Access to the subject property is proposed through the
adjoining "B-4" Dislrict property that has direct access to Northwest Boulevard. Northwest Boulevard is
approximately 350 feet south of the subject properly. The adjoining 23.45 acre area to the north, east and
west is zoned with a "R-lB" Dislrict and is primarily undeveloped except for a neighborhood athletic field.
Approximately 50 feet east, there is a "B-4" Dislxict tract containing 5.04 acres and extends north
approximately 975 feet fi.om Northwest Boulevard. The property is developed with a mini-storage facility
and automotive services. Southwest of the subject property along Northwest Boulevard is an "AB"
Professional Office District area developed with a church and west of that site is a "B-4" District developed
with a veterinarian clinic. The Comprehensive Plan recommends the area to develop with low density
residential. Since the subject property is planned to be developed with the "BM" District to the south and
has fi.ontage along Northwest Boulevard, an arterial, the requested "B-4" District can be supported.
Approval of the "B-4" District would require screening along the north, east and west property lines of the
subject property due to residential adjacency. With future access to the subject property provided through
the adjoining south area to Northwest Boulevard the impact of expanding the "B-4" District would be
minimal on the planned residential area to the north, east and west.
The Northwest Area Development Plan's adopted future land use map recommends the area to
develop with Iow density residential. However, the "B-4" District adjoins another "B-4" District to the
south that is under the same ownership and the south property has direct access to Northwest Boulevard, an
arterial. Approval of the "B-4" District would be an expansion of the "B-4" District to the south and east.
There were 8 notices mailed to property owners within 200-radius of which none were returned in
favor or opposition.
Mr. Saldafia explained that the pie shaped portion of the property would be developed with the
adjoining property. The remaining notched section would serve as access to Northwest Boulevard.
Commissioner Pusley expressed concern with "B4" District abutting an "R-lB" District.
Chairman Berlanga opened the public hearing.
Pat Veteto, RVE, 820 Buffalo Street, said that the developer wants to develop a convenience store.
He added that HDB enterprises is Les Brandt. Mr. Veteto said that the Mariano Lopez De Herrera Grant
owns the pie, the "B-4" District and the "R-lB' District
Public hearing was closed.
Motion by Amsler, seconded by Mims to approve the rezoning. Motion passed with Salazar being
absent.
· APPLICANT'S REQUEST
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HDB
ENTERPRISES, INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO 0.502 ACRE OUT OF NUECES RIVER IRRIGATION
PARK ANNEX NO. t, FROM "R-tB" ONE-FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of HDB for amendment to the City of
Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
August 14, 2002, dudng a meeting of the Planning Commission, and on Tuesday,
October 8, 2002, dudng 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
Chdsti and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 0.502 acre out of Nueces River Irrigation Park
Annex No. 1, located 150 feet north of Northwest Boulevard and 475 feet west of
County Road 69, from =R-I B" One-family Dwelling District to "B-4" General Business
District. The 0.502 acre tract is described by metes and bounds on the attached Exhibit
A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti,
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.
~JEGALV~W~LEG-D~R`~:)~y~eDcur~is~MYD~cS~2~P&z~RD~2~z~ning.~rd~D~YLEC~2~Z~8~2~ HD~n~r.~.O~.~.~.d~ ~/
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the offkfial publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the Ci~y Council (I) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
end (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 8th day of October, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM 10 September, 2002
James R. Bray, Jr.
By: ,~,__] ~_/t.4./
Doyle ~/'Curtis
Senior Assistant City Attorney
~LEGAL~_AWVL.EG-DIR~DoyleDCuffts~,tYDOCS~2002~P&ZORD02~oning .ord~DOYI.E~ HDSEnter. Prises,O~ ~,&~.d~ ~
20
CITY COUNCIL
AGENDA MEMORANDUM
DATE: September 4, 2002
AGENDA ITEM: E-Government Services presentation on new features of the
redesigned City's Internet site, new online payment and business transactions,
and other E-Government initiatives.
CITY STAFF PRESENTER(S):
Name Title/Position
Dept/Division
Susan Cable Director
E-Government Services
BACKGROUND: Advanced technology is enabling government to improve
customer service, increase operational efficiencies, and promote economic
development. On-line information and electronic transactions, including payment
processes, have become a standard for effective communication and interaction
with the public. In February 2002, City Council approved a contract with Texas
Local Interactive to implement a series of online payment and information
applications.
Usage of the City site has increased greatly over the last three years, from 3,000
hits per day to over 18,000 hits per day this past August. In a survey conducted
in Spring 2002 by the Caller-Times, 76 percent of residents in Corpus Christi
have Internet access. With more people online, and all the new features on the
City site, we anticipate even larger growth in citizens doing business with us
through the web.
City staff will provide a briefing of the City Internet site redesign and a number of
new features, as well as some other new e-government initiatives.
Susan Cable
Director, E-Government Services
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
City Council Meeting: October 8, 2002
AGENDA ITEM: Presentation to the Council of the Corpus Chdsti Parks, Recreation & Open
Space Master Plan 2002-2007 by the consultant, James Carillo of Halff Associates.
STAFF PRESENTER(S):
Name Title/Position Department
Dan Whitworth
Director
Park & Recreation
OUTSIDE PRESENTER(S):
Name
Title/Position
Or,qanization
James E. Carillo Vice President, Director of Operations Halff Associates
ISSUE: In order for the Park and Recreation Department to provide for and continually improve
park and recreational facilities, provide trail and linear park opportunities, and preserve open
spaces in the City the five-year Master Plan was developed. The Texas Parks and Wildlife
Department has grant guidelines which require parks and recreation needs to be prioritized and
addressed in an action plan format, which the Master Plan accomplishes. Halff Associates used
input from citizen surveys, meetings with key user groups, workshop meetings, public input
meetings, the Park Advisory Board, the Planning and Zoning Council, and the Park and
Recreation staff to produce the Master Plan.
PRIOR COUNCIL ACTION: None.
REQUIRED COUNCIL ACTION: None.
RECOMMENDATION: None.
Daniel L. Whitworth
Director, Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Presentation X
H \PR-DIR\CHRl$/$UPER$S~Councir~MasterPlanPresentation 1 doc
City of Corpus Christi Parks,
Trails and Open Space Master
Plan/Recovery Action Plan
Review of Preliminary
Recommendations
Halff Associates Inc.
Doug Wade & Associates
Raymond Turco and Associates
Presentation Outline
· Why Is the Parks Master Plan
important?
· Steps In the Planning Process
· Park Standards
· Needs Assessment
· Preliminary Recommendations
-Facilities
- Action/Implementation Plan
· Discussion
Why is a Park Master Plan
Important?
Creates a "snapshot" of where Parks system
is now.
Creates a forum for citizens to tell what types
of parks, trails and other facilities they want.
Sets goals for Parks, Trails and Open Space
System.
Establishes the priorities for next 5 to 10 years
and is used as a guide for future acquisition
opportunities.
Why is the Parks Master Plan
important?
· Helps the City apply for Texas Parks
and Wildlife grants for indoor and
outdoor park facilities development
· Without approved master plan, TPWD
grant applications may not score high
enough to effectively compete
· Grants are as high as $500,000 for
outdoor parks, $750,000 for indoor
facilities
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002
What is a Recovery Action
Plan?
· Document is also called a Recover,/
Action Plan
· Allows Corpus Christi to qualify for
Urban Parks and Recreation Recovery
grants (from Dept. of the Interior)
· Corpus Christi is one of only a few cities
in the state that qualifies
Steps in the Planning Process
· Demographics
· Inventory of Existing Parks
· Public Input (Citizens survey &
Public Meetings)
· Key Issues
· Concept Development
· Prioritlzation
· The Master Plan
Park Planning Areas
· Uses city's pre-established area
development plans (ADP's)
· Combines those into three major zones
with similar population totals
- North
- Central
- South
Park Planning Areas
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 2
Base Population Proiections
(include ET J)
· 2002 288,881+/-
Future Growth Projections
· 2007 - 16,835+/- (5.8% change from 2001)
· 2015 - 41,572+/- (14.4% change from 2001)
°2040 - 127,831+/- (44.3% change from 2001 )
Citizen Input
· Scientific citywide telephone Survey
· Public Meetings
· Key user interviews
· League needs
· Working sessions with Parks Advisory
Board
Survey Findings
· In your part of the city, what one
recreational facility is lacking?
- Playgrounds and equipment 18%
- Recreation Center 13%
-Skateboard activities/skate park 10%
- More parks 9%
Survey Findings
· Most important facilities to construct?
- More picnic tables 90%
- Playgrounds 89%
- Jogging/biking trails 86%
- Additional senior tacllitles 83%
- Skateboard Park 83%
- Basketball courts 82%
- Additional swimming pools 82%
- Amphitheater 82%
- Nature habitat areas 82%
- Soccer fields 80%
' C~ of
~ Christi
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 3
Survey Findings
· Most frequently mentioned existing
parks
· Cole 77%
· None 21%
· West Guth 19%
Survey Findings
· Support for Potential Capital improvements
- Renovate/upgrade existing parks 94%
- Develop neighborhood parks 90%
- Additional restreoms/concessions 89%
- Additional picnic areas 86%
- Build additional hike and bike trails 86%
- Build additional picnic pavilions 85%
- Develop greenbelts/preserve habitat 85%
- Plant more trees in the city 84%
- Build water playground 84%
- Median beautification 84%
What are Park Standards?
· Published goals that allow Corpus Christi to
compare its park system with other area and
regional cities.
· Target goals for the City to stdve towards ~
demonstrate commitment to quality of life for all
residents of the City.
· Two major types
- Spatial (number of acres of Parks per population,
distribution of parks throughout the city)
- Facility Standards (Numbers of different types of
facilities per population)
Recommended Starting
Standards for Park Acreage
· Neighborhood Parks - Recommended
Standard - 1.5 per 1,000 population ¢~
· Community Parks - Recommended
Standard -4.0 acres per 1,000
population ,)
· Total Recommended Close to Home
Parks Standards - 5.5 acres per 1000
population
~Ci~ of
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 4
Other types of Parks
· Special Purpose Parks - Variable standard,
suggest target goal of 3 to 4 acres per 1000
population
· Linear Parks/Linkage Parks - Variable
standard, suggest target goal of 2 to 4 acres
per 1000 pop.
· Open Space Preserves - 5 to 10 acres for
every 1000 residents of the city
· Total Recommended Standards for Other I
Parks- 13 to 20 acres per 1000 population
I
Neighborhood Parks - City-wide
· Current Acres ~ 280.43 Acres +/-
*Current Ratio to Ponulatlon - 0.97 acres per
1000 oooulation.
· 65% of recommended total
· Recommended Standard - 1.5 acres per
1,000 population
· Current 2002 Needs 433 acres
· Year 2007' Needs 458 acres
· Year 2015 Needs 495 acres
Size of Parks
66 out of 190+/- parks are considered
pocket parks (under 3 acres in size) -
represents almost 35% of the total
citywide
Over 50% of the parks in the system
are classified as underdeveloped
(very few or no recreation facilities
actually built on those park sites)
Community Parks - City-wide
· Current Acres - 744 Acres +/-
-Recommended Standard - 4,0 acres per
1,000 population
· Current Ratio to Population - 2,48 acres per
1000 population,
· 62% of recommended total
· Current 2002 Needs
· Year 2007 Needs
· Year 2015 Needs
193 acres
220 acres
322 acres
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 5
Key Needs by Planning Area
Deficiencies by Area - North
Fast growing area (4000+ new residents by
2007
West Guth and Labonte are only major active
parks
Hazel Bazemore is attractive natural park in
area, but is County owned
Significant deficiencies in most major play
fields (soccer, baseball) and playgrounds
West Guth is major park, but is not large
enough for projected population
Only 120 acres of active community parks -
should have over 350 acres.
Deficiencies by Area - Central
· Dr. Hector P. Gamia Park is major park, but is
largely undeveloped
· Cole and South Guth are other major parks
· Major community parks address only 40% of
need for most populated pa~t of the city
· Development of Dr. Hector P. Gamia and
recreational portions of State School property
is critical
Deficiencies by Area - South
· Fastest growth (over 10% in next five years
alone)
· Bill Witt is only major park with active sports
facilities
· Existing community parks are only 34% of
needed parks
· Has extensive beach and waterfront parks.
· Needs additional indoor recreation facilities
and major athletic facilities
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 6
Summary - key park needs
· Many small parks, most under-developed,
create a significant maintenance burden
· Well located "district" parks, but devoted mostly
to athletics (South Guth, Bill Wilt) and most are
small
· Significant need for larger "metropolitan" or
"regional" parks
· Significant need for additional active ballfield
facilities
· Aging pool and recreation center facilities
· Bay front and gulf waterfront parks provide open
space and family recreation
Guiding Planning Concepts
· Focus on qualify, not quantity
· The waterfront is important, but focus on
intedor parks for next 5 to 10 years
· Address one to two major parks at a time,
not small portions of many parks
· Adopt an aggressive grant and fund
leveraging approach
· Modify the park land dedication ordinance
to increase funding for new neighborhood
parks
Land Acquisition
· Major new regional park - plan to use area
adjacent to landfill site if feasible (could be
300 acres +)
· Northern portion of the city- Long range,
consider adaptive re-use of Brownfields site
for active recreation site (athletic facilities)
· Minimal additional acquisition for parks
contemplated
Open Space Component
· Key component for future grant applications
· Much of future open space will come from
permanent dedication of Oso Creek corridor
· Pursue acquisition or preservation of unique
habitat or environmental areas - I.e. Oak Molt
area near Packery Channel project
· Pursue additional key water front acquisitions
where feasible. Work with other public
entities.
· Where feasible, include open space in all
major new parks, especially grant candidate
parks.
CiW of
coi~u~
Christi
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 7
Coordination with Drainage
Master Plan
· Where feasible, utilize drainage
corridors as linear parks and trail
corridors as well
· Why?
- In many parts of the city, linear drainage
channels may be only opportunity for cross
town trails or linear parks
-Will make these corridors a more attractive
asset, not something to avoid looking at.
Action Plan
1. Upgrade existing large "district' parks - Dr. Hector P. Garcia Park
- South Guth Park
- Bill Witt Park
- Laborite Park
- Cole Park
- Total Estimated Cost - $6 to $10 million
Action Plan
2. Develop additional athletic facilities
- State School Soccer Complex - develop
Flour Bluff Sports Complex - develop
Navy site (Oso Fields) Soccer Fields -
enhance
- Calallen area facilities - enhance
Laborite or develop new facilities
- Total Estimated Cost - $4.5 to $7 million
Action Plan
3. Develop additional trails - Additional bayfront phases,
- Include the adaptive rs-use of Oso Rail
tressel as trail connection to Flour Bluff
- Oso Creek trails
- Linear trails along dreinage channels
- Renovate Hans Suter treil
- Total Estimated Cost - $2 to $3 million
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 8
Action Plan
4. Focus on key underdeveloped
neighborhood parks
- Redevelop in "packages" of one key area
per year for 10 years
- Allocate $500,000 annually for next 10
years
- Total Estimated Cost- $2.5 million over
next 5 years
Action Plan
5. Develop one major recreation center
North and south portions of the city have
no centers today
Partner with school districts if feasible
- Total Estimated Cost - $3 to $6 million
Action Plan
6. Develop unique recreation
opportunities
- Wind surfing park
- Additional bird watching parks
- Total Estimated Cost- $0.5 to $1.0
million
Action Plan
7. Continue to acquire land for open
space preserves and major parks
Focus on unique areas such as Oak Mot[
near the Packery Channel area
- Total Recommended Cost Allocation -
$0.5 to $1.0, adjust as needed annually
Total Estimated Overall Cost- $19 to $29
million
~____~ Christi
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 9
Modify Park Land Dedication
Ordinance
· Current system generates very little funding
for new parks
· Results in significant backlog of
neighborhood parks that are not developed or
are underdeveloped
· Convert to per unit system - amount per unit
to be determined
· Example - at $500 per unit, generates
$50,000 over a 100 unit development
· Average neighborhood park today costs
$500,000 to develop
Corpus Christi Park Recreation and Open Space Master Plan
Review of Preliminary Findings and Recommendations - October 8, 2002 10
22
CITY COUNCIL
AGENDA MEMORANDUM
October 1, 2002
AGENDA ITEM:
Resolution approving the resolution authorizing the issuance of bonds by the Corpus Christi
Business and Job Development Corporation and the execution of a project agreement, and a bond
purchase agreement with respect to the Arena Project.
ISSUE:
On October 7, 2002, the Corpus Christi Business and Job Development Corporation met and discussed
financing plans for Multi-Purpose Arena Facility. The Board recommended to City Council the financing
plans at the City Council meeting on October 8, 2002.
PRIOR COUNCIL ACTION:
In the November 7, 2000 election, Corpus Christi voters approved the ¼¢ sales tax to fund the Arena Project.
City Council Ordinance # 024269, dated November 14, 2000, approved the ¼¢ sales tax to fund the Arena
Project.
On August 25, 2001, City Council approved a Resolution authorizing the issuance of notes by the Corpus
Christi Job Development Corporation for $5,000,000 and the Execution of a Sales Tax Remittance Agreement
and a Project Agreement with respect to the Arena Project.
REQUIRED COUNCIL ACTION:
City Council approval of the Resolution approving the Resolution author/zing the Issuance of Bonds by the
Corpus Christi Business and Job Development Corporation and the Execution of a Sales Tax Remittance
Agreement, a Project Agreement and a Bond Purchase Agreement with respect to the Arena Project.
RECOMMENDATION:
The Corpus Christi Business and Job Development Corporation and City Staff recommend approval of the
Resolution approving the Resolution authorizing the Issuance of Bonds by the Corpus Christi Business and Job
Development Corporation and the Execution ora Sales Tax Remittance Agreement, a Project Agreement and a
Bond Purchase Agreement with respect to the Arena Project.
(Department Head Siguamre)
BACKGROUND INFORMATION
The Corpus Christi Business and Job Development Corporation (Board) met on August 6, 2001 and
discussed financial strategies for Multi-Purpose Arena Facility and approved a motion authorizing
the interim financing plans (land acquisition) for the Multi-Purpose Arena Facility. The Board met
again on August 21, 2001 to finalize the recommendation to the City Council for the financial
strategies for the Multi-Purpose Arena Facility.
On August 21, 2001, the City Council approved a Resolution approving the Resolution authorizing
the Issuance of Notes by the Corpus Christi Business and Job Development Corporation and the
execution of the Project Agreement between the City of Corpus Christi, Texas and the Corpus
Christi Business and Job Development Corporation for the purpose of evidencing the duties and
responsibilities of the respective parties with respect to the construction and acquisition of the Multi~
Purpose Arena Facility and the Sales Tax Remittance Agreement between the City of Corpus
Christi, Texas and the Corpus Christi Business and Job Development Corporation for the purpose of
evidencing the duties and responsibilities of the respective parties with respect to the collection,
remittance and transfer of such sales and use tax revenues.
The debt service on the bonds will be paid by the designated ¼ cent sales tax approved by City
Council on November 14, 2000.
RESOLUTION APPROVING THE RESOLUTION
AUTHORW2NG THE ISSUANCE OF BONDS BY THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
AND THE EXECUTION OF A PROJECT AGREEMENT, AND
A BOND PURCHASE AGREEMENT
WITH RESPECT TO THE ARENA PROJECT
WHEREAS, Corpus Christi Business and Job Development Ccntx}ration (the "Corporation") was
created under the auspices of the City of Corpus Christi, Texas (the "City"); and
WHEREAS, the Cotl~atiun heretofi:}re has issued, and the City approved the issuance of, its
Sales Tax Revenue Notes, Taxable Series 2001 (Arena Project) (the "Series 2001 Notes"), for the
propose of paying the costs of acquiring land and other related costs to the develupment of the "Arena
Project"; and
WHEREAS, the Corporation by resolution adopted October 7, 2002 authorized thc issuance of
the hereinat~ described bonds for thc purposes described in said n~solution; and
WHEREAS, it is deemed necessary and advisable that this Resolution be adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI THAT:
Section 1. The resolution (the "Resolution") adopted by the Corporation, in substantially the form
and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved,
and sales tax ~vanue bonds in the principal amount not to exceed $50,000,000 (the "Bonds"), may be
issued for the ~ of refunding the Series 2001 Notes, paying the costs of issuance incurred in
connection with the sale of the Bonds, and providing all or a portion of thc cost of the project as specified
in thc Resolution (the 'q~toject'3 for use by the City, which Project is in complimce with thc Developrmnt
Corporation Act of 1979, as amended; and said Resolution, Bonds and Project arc hereby approve&
Section 2. The "Project Agreement" between the City end the Coqoomtion, in subsmn~ly the
form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby
approved and the City Manager and the City Secretary are hereby authorized to execute, attest, seal and
deliver the Project Agreement.
Section 3. The "Bond Purchase Agreement" between the Corporation andthe underwriters named
therein, in substantially the form and substance as attached to this Resolution and made a part hereof for
all purposes, is hereby approved.
RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS; AND
APPROVING AND AUTHORIZING THE EXECUTION OF
A BOND PURCHASE AGREEMENT AND OTHER MA;i-i'~,RS
RELATED TO THE ISSUANCE OF THE BONDS
THE STATE OF TEXAS
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION §
WHEREAS, at an election held on November 7, 2000, a majority of the citizens of the City of
Corpus Christi (the "City*') voting at the election authorized the City to levy a sales and use tax on the
ll~ceipts at ~ of laxable items w~thin the City at a rate of one-eighth of olle percent for the promotion
and development of ~a multi-purpose municipal/a~aa (the "A~na") and for maintenance and open. lag
costs of the Arena for the life thereof, to be imposed for 25 yea~ at the rate of one-eighth of one percent;
and
WHEREAS, the City Council of the City levied said sales and use tax pursuant to an ordinance
adopted on November 14, 2000; and
WHEREAS, pumumt to the provisions of the Development Corporation Act of 1979, Axticle
5190.6, V.A.T.C.S., as amended (the "Act"), panicuhrly Section 4A thereof, the City created the Corpus
Christi Business and Job Development Corporation (the "Issuer"), a nonstock, nonprofit industrial
development corporation created to act on behalf of the City to satisfy the public ~ set forth in the
Act, specifically the pmpo~ of promoting and encouragi~ employment and the public welfare, and the
undemking of certain public improvements in accordance with the Act; and
WHEREAS, in accordance with the terms of the Act, the Issuer heretofore sold and delivered ~
Corpus Christi Business and Job Development Corporal. ion Sales Tax Revenue Note, Taxable Series 2001
(Arena Project), cuu~a'dy outstanding in the aggregale principal amount of $5,000,000 (the "Series 2001
Note"); and
WHEREAS, in connection with the issuance of the Series 2001 Note, the Issuer and the City
executed and delivered a Sales Tax Remittance ~ent dated as of August 1, 2001 (the "Transfer
Agreement") and a Project Agreement, dated as of August 1, 2001 (the "Project Agreement"); and
other matters as hereinafter described; and
WHEREAS, the Tramfe~ Agreement is in full force and effect, and has not been amended since
Ibe date of delivery of the Series 2001 Note, effectively converting interim ~nancing into long4mm
WHEREAS, the Board of Direotors of the Issuer desires, pursuant to authority granted by the Act,
to refund the outstanding Series 2001 Note; and
WHEREAS, the Issuer has received fwm the owner of the Series 2001 Note a written waiver of
the notice mqu~ements for the prior red~ia~ion of the Series 2001 Note as are set forth in the resolution
an~horizing the issuance of the Series 2001 Note; and
WHEREAS, except as otherwise noted in ~ Resolmion, capitalized Wm~s Shall have the meanings
asorlbed flmreto in Section 6 of&is Resolmion; and
WHEREAS, the Board of ~ of the Issuer further finds it necessmy and advisable to
authorize the issuance of the hereinal~ described bonds in part for the purpose of paying the costs of
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THAT:
Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bonds of the Issuer are hereby
anthorized to be issoed m~d delivered pursuant to and in accordance with tho Act, in an aggregate principal
amount not to exceed $50,000,000 for the propose of (i) constructing, equipping, operating and
mainlaining, or causing to be acquired, constracted, equipped, operated and maintained the Project, (ii)
refunding the Series 2001 Note, and (iii) paying other costs associated with the purposes described in
clauses (i) and (ii), for the specific purpose oftbe promc~don and en~ent of employment and the
Section 2. DESIGNATION OF THE BONDS. Each bond issued pummg to this Resolution
shall be designated: "CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
SALES TAX REVENUE REFUNDING AND IMPROVEMENT BOND, SERIES 2002 (ARENA
PROJECT)", and there shall be issued, sold, and delivered hereunder fully registered bonds, without
interest coupons, in the denomination of $5,000 each or any integral multiple thereof, numbex~d
consecutively from R-I upward, payable to the ~ registered owner thereof designated in Section 30
of this Resolution, or to the registered assignee or assignees of any of said bonds (in each case, the
"r~giste~d owner"), and payable serially or otherwise on the dates, in the years and in the principal
amounts, respectively, and dated, all as set forth in Lhe Purchase Agreement.
Section 3. INTEREST. The Bonds shall bear interest calculated on the basis of a 360-day year
composed of twelve 30-day months from the dates specified in the FORM OF BOND to theix respective
2
Section4. CHARACTERISTICS OF THE BONDS. (a) ' ' . Thelssuer
shall keep or cause to be kept at the desi~ated corporate txust office in Dallas, Texas (the 'q3esignated
Trust Office") of JPMorgan Chase Bank (the "Paying Agent/Registrar"), books or records for the
legi~n ofthe Iransfer and exchange of the Bonds (the 'q~q~istr~ion Books"), and the Issuer hereby
appoints the Payin~ Age~V~w~r as i~s r~dsirer and ~snsfer agent to keep such books or records and
mak~ such ~g~a~ons of ~2nsfers and exchang~ under such reasenable ~gul~ions as the Issuer and
Paying ~ may p~escr~; and the Paying ^~nt/P~ shah mak~ such r~u-atien~
tramfels and exchanges as h~in p~ov-ided. ~ Paying Agent/Registrar shall obtain and ~ in tile
Regislralion Books the address of the registered owner of each Bond to which payments with respect to
th~ Bonds shall be mailed, as hel~in provid~l; but it shall be the duty of each registered owner to notify the
Paying Agent/Registrar in writing of the ~4~&~s to which payments shall be mailed, and such interest
paym~ts sh~dl not be n~2iled ulll~ such ~otJ~ has ~ givell. To the extent poss~l¢ and under
reasonable cgvumstances, all tnmsfe~ of Bonds shall be ~sde within three business days after request and
presentation thereof. The Issuer shall have the right to inspect the Registration Books during regular
business hours of the Paying Agent, b~ otherwise the Paying Agent/Regist~ shall keep the
any other entity. Registration of each Bond may be mmsferred in thc Regiswation Books only upon
presentation and surr~ of such Bond to the Paying Agent~gis~rar for exchange or mmsfer of
registration and cancellation, t~gether with prop~ written instruments of assignment, in form ~nd with
guanmt~ of si~tures satisfactory to the Pad, ins Ag~/gegis~ar, (i) ~videncing the assignment of the
Bond, or ~ny perfion ~in any integral mul~ple of SJ,O00, ~o the assignee or assignees thereof, and
(ii) thc right of such ~asign~ or assigne~ to have the Bond or any such portion then:of registered in the
~ of such assignee or assignees. A form of assignment shall be p~h~d or endor~ed on each Bond
which shall be executed by the r~gistered owner or its duly authorized attorney or ~v~,,~entalive to
evidence an assignment the~of. Upon surrender of any Bonds or any portion or po~ons thereof for
such exclmnge or W~msfer in the Registration Books, and ~hall m~e notation of such excl~nge or tr~sfer
in the Assi~uaent section app~'ing on each Bond to thc assignee. The Issuer shall pay the Paying
Agent/Registr~s standard or customary fee~ and charges for making such transfer and delivery but ~h¢ one
1~qU~l~ ~C~oo~ or at,ch ffflllsf~ sh~ll ~ any ~txes or other governmental charges required to be paid
~ ~ thereto. Thc Paying Agen~a~ shall not be required to make exchange or transfers of
registration of ~ Bond or any lx~on thc~of (i) durin~ th~ p~od commencing with the close of busings
on ~ny Record Date and ending with the opening of business on the next followin~ principal or interest
payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to
maturity, within 45 days prior to its redemption date. As used herein, the term 'q~x~rd Date" shall mean
the 15th day of the month preceding an interest payment date.
of this Resolution, whether or not such Bond shall be ove~ue, and the Issuer and ~he Paying
Agent~_eg~Um shall not be affected by my notice to the conU~; and paymmt of, or on account o[ ~
pfiacipal of, p~mium, if any, and interest on any such Bond shall be made only to such registered owner.
AIl such payments shall be valid and effectual to saiJs~ and discharge fl~e liability upon such Bond to &e
extent of the sum or surns so paid.
(c) ~_~ent of Princ'_n~l of Bon& and Interes~ The Issuer hen~by further appoints ~he Paying
AgentdRe~ to act as ~he paying agent ~r paying ~e principal of and interest on ~he Bon&, md ~ ~
as its agent to conve~ and exchange or ~place Bonds, all as provided in this Resolution. The Paying
A~Registrar shall keep proper records of all payments made by the Issuer and the Paying
A~u'~Registrat ~ respect ~o the Bonds, and of all transfers and exchanges of Bonds, and all
t~lacements of Bonds, as provided in this Resolution.
(d) Re~_ laeement of Bonds: Authentication. Each Bond issued and delivered pursuant to this
Resolmion may be replaced as provided in this Section and Section 25 of this Resolution. Ifany Bond is
replaced, the substitute Bond issued in replacement for such Bond fliereof sh~fl be in lhe denomin~ion of
any integral multiple of $5,000 and have a p~iucipol maturity date corresponding to lhe mal~ty date of the
~ii~cipol of the Bond it is replacing; and each such Bond shall beat inten~ at ~he rate applicable to and
borne by the Bond it is replacing. The Paying Agent/Registrar shall replace Bonds as provided herein, and
each fully registe~ bond delivered in a'placement of say Bond as permitted or required by any provision
of ~ Resolution shall constitute one of liae Bonds for all ~ of this Resolution, and may again be
replaced. Each Bond issued and delivered pursuant to this Resolution is not required to be, and shall not
be, authenticated by the Paying Agcnt/Regis~, but on each Bond issued in replacement of m~y Bond or
Bonds issued under this Resolution, there shall be printed a "PAYING AGENT/REGISTRAR'S
AUTHENTICATION CERI'IIqCATE" (the "Authentication Certificate'), in substantially the form set forth
in the FORM OF BOND. An authorized representative of the Paying Age~ shall, be~r~ the
delivery of any such Bond, date and manually sign the Authentication Certificate, and no such Bond shall
be deemed to be issued or outstanding unless the Authemication Certificate is so executed. The Payin~
AgenVRe~U~ promptly shall cancel all Bonds, if any, surrendered for replacemem. No additional
x~solmions, orders, or resolutions need be passed or adopted by the governing body ofthe Issuer or any
other body or person so as to accomplish the foregoing replacemeat of any Bond or portion thereof, and
hhe Paying Agent/Registrar shall provide for the printing, execution, and delivery of ~he substitute Bonds
~ the manner prescribed herei~ Pursuant to Chapter 1206, Texas Government Code, the duty of
replacement of Bonds as aforesaid is hereby imposed upon the Paying AgenVRogistt~, and, upon the
execution of the Authentication Certificate, the substitute Bond shall be valid, incontestable, and enforceable
in h~e same rammer and with the same effect as the Bond which ori~einally was issued pursuant to this
Resolution, approved by the Attorney General, and registered by the Comptroller of Public Accounts.
4
have the characteristics, (vi) shall be signed and sealed, and (vii) the p~h,¢ipal of and in~est on the Bonds
shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND,
consistent with the provisions of the Purchase Ag~emenc
(t) Payment of Fees and ~. The Issuer bemby covenants with lhe registered owners of the
Bonds that it will pay the reesonable standard or customsry fees and charges of the Paying Agent/Regi,~um
for ils servicee with mspeet ~o the payment of the p,h,cipal of and interest on the Bonds, when due.
r~G~y. At the time of its appoiuuuen~ any successor Paying Agent/Regislrar shall have a capital stock and
surplus 8ggl~o~;iqg llot le~ th~n $25,000,000. The ~ssuer reserves the fight to, and may, at its option,
chm~ the Paying Agnn~ upon not less than 120 days written notice to the Paying
^_~u~T~egistrar, to be effective not later than 60 days p~ior to the next principal or interest payment date
ai~r such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its suceessur
by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer
¢ov~mt~ ~ promptly it will appoint a cumpetent and legally qualified ~ ~ c~mpany, fi~ncial
~ or other agency to act as Paying As~wgistrar under ~s Resolution. Upon any change in the
Bonds, to the new Paying AgenV~ designs~l and appointed by the Issuer. Upon any change in
the Paying Agnnt/Reg~h~, the Issuer premtxly will cause a writtan notice thereof to be sent by the new
Payin~ AgonVRegi~u~ to each registered owner of the Bonds, by United Sta~s mail first class postage
prepaid, which notiee also shah give the address of the new Payin~ AgenVRegisu~r. By aceepting the
position and l~'rforming as such, each Paying As~egistrar shall be deemed to have ag~ed to the
provisions of this Reeolutio~ and a ce~fled copy of ~ Resolmion shall be dslive~l to each Paying
(h) -~ The Bonds issued in ~changc 1bt th~ Bonds ~ issued to thc
Underwfitem shall be ~ issued in the fonn ora separate single fully registered Bond for each of the
mmmSfies thereof. Upon ~ issuance, the ownership of each such Bond ~hall be regisle~:ed in the name
of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC'), and except as
provided in Section 30 hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC.
Withrespect to Bonds regist~ in the name of Cede & Co., as nominee of DTC, the Issuer and
the Paying AgenVRegism~ shall have no responsib~ or oblisation to any securities brokers and deale~,
banks, irus~ companies, clear~g co~xwations and certain other o,~nizaiions on whose behalf DTC was
created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities
ha~actions among DTC Participants or to any person on behaff of whom such a DTC Participant holds
Agent/Registrer shall have no r~n>usibility or obligation with respect to (i) the accuracy of the records of
DTC, Cede & Co. or any DTC Participant with respect to any owae[~ interest in the Bonds, (ii) the
delivery to any DTC Participant or any other person, other than a registered owner of Bonds, as shown
on the Registration Books, of any notice ~ respect to the Bonds, or ('fii) the paymem to any DTC
Participant or any other person, other than a registered owner of Bonds, as shown in the Registration
Books of any amount with respect to principal of or interest on the Bonds. Notwithstanding any other
provision of this Resolution to the conUary, the Issuer and the PayinG Agent/Reg~h~ shall be c, mitled to
treat and consider the person in whose name each Bond is registered in the Registration Books as the
absolute owner of such Bond for the propose of paymem of principal and imerest with respect to such
Bond, for the purpose of registering Iransf~s with respect to such Bond, and for all other purposes
whatsoever. The Paying Agent/Regiga'ar shall pay all principal of and interest on the Bonds enly to or upon
the order of the ~ owners, as shown in the Registration Books as provided in this Resolution, or
their tn~spective attorneys duly authorized in writinG, and all such payments shall be valid and effective to
fuly satisfy and discharge the Iasue~s obligations with respect to payment of principal of and ~ on
the Bonds to thc extent of the sum or stuns so paid. No person other than a registered owner, as shown
payments of l~,iacipal and interest pursuant to this Resolution. Upon delivery by DTC to the PayinG
Agem/RegisUar of written notice to the effect that DTC has determ~od to substitute a new nominee in place
of Cede & Co., and subject to the provisions in this Resolution with respect to interest checks being mailed
to the registcn~i owner at the close of business on the Record Date, the words "Cede & Co." in this
Resolution shall refer to such new nominee of DTC. The Issuer heretofore has executed a''Blanket Letter
of ~tions" in the form prescribed by DTC, with respect to the book-eaiiy only system.
0) Successor Securities D ~epositery: Transfers Outside Book-Entry Onlv System In the event that
the Issuer determines that DTC is incapable of discl~ur~h~g its t~ousibilities desonl~d herein and in the
representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the
Bollds ~ they be able to ob~in certificated Bortds, the Issuer shall (i) appoint a successor securin'es
depository, qualified to act as such under Section 17(a) of the Securities and F.,xcban~e Act of 1934, as
amended, notify DTC and DTC Participants of the appoinlment of such successor securities depository
and transit one or more separate Bonds to such successor securities depository or (id notify DTC and
DTC Participants of the availability through DTC of Bonds and mmsfer one or more separate Bonds to
DTC Participants having Bonds credited to their DTC accounts. In such event, thc Bonds shall no longer
be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC,
but may be registered in the name of the successor securities dqx~sitory, or its nominee, or in whatever
6
(j) Payments to Cede & Co. Notwi~hu~ding any other provision of this Resolutio~ to the
cuuh~y, so long as any Bond is mgistenxl in the name of Cede & Co., as nominee of DTC, all payments
with respect to princil:~ of and interest on such Bond and all notices with ~ to such Bond shall be
made and given, re~pe~vely, in Ibc man.er provided in the representation letter ofthe Issuer to DTC.
Section 5, FORM OF BONDS. The form of all Bonds issued pursuant to this Resolution,
including file ft,m~ of RegisUation Cel~lcate of fl~e Comptroller of Public Accou~ of the State of Texas
to appear on the Bonds originally issued hereunder, the form ofthe Authentication Certificate to be pdiited
on each Bond, and the Fom~ of Assi~lwaent to be ~ on each Bond, shall be, respectively, sub~antially
as set forth in Exhibit A a~ached to this Resolution, with such at~,opri~ variations, omissions, or
Section6. DEFINirlONS. AsusedinthisResolufion, the following~t~m shallhavethemea~in~
"Act" shall mean the Development Coqooration Act of 1979, Article 5190.6, V.A.T.C.S., as
"Arena" shall have the meaning given said ~ttu in the preamble to this Resolution.
"Board" shall mean the Board of Directom of the Issuer.
"Bond" or "Bonds" shall mean fl~e Corpus Christi Business and Job Development Corporation
Sales Tax Revenue Refunding and Improvement Bonds, Series 2002 (A_mna Project), authorized to be
the Bonds initially issued and delivered pure,ant to this Resolution and all substitute Bonds exchanged
therefor, as well as all other substitute Bonds and ~placement Bonds issued pursuant hereto, and the term
"Bond" shall mean any of thc Bond~
"City" slmll mean the CiO/of Corpus ~ Texas.
7
'*Code*' shall mere the Imemal Revenue Code of 1986, as amended.
"Completion Obligations" means any bonds, notes or other obligations issued or incumxl by the
Issuer for the purpose of completing and payia~ a~y Cost of the Project for which the Bonds were issued,
in accoMance with the provisions of Section 22(e) h~eof.
"Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas, and any
"Cost"shall mean with respect to the Project, the cost of acquisition, construction and improvement
of the Project as provided ia the Act, including, without limitation, the cost of ~he acquisition of all land,
rights-of-way, p~ fights, easements, and interests, the cost of all machinery and equipment, financing
chargn~'s, interest during construction, necessary reserve funds, cost ofe~tlmates ~agl ofengineeriag and legal
services, plans, specifications, surveys, estimmes of cost and of revenue, other expenses necessary or
ard expanding any such Project, admin~i~uiive ~, and such other expense as may be necessary or
~ to the acquisition, cons~ction, reconsm~on, h~nuvement, and expansion thereof, the placing
of the same ia operation, and the financing of the Project.
provided that a Credit Ra&lg Agency having an outstanding rating on Parity Bonds would rate the Pmity
Bonds fully insured by a standard policy issued by the issuer ia its highest generic rating category for such
obligatiom; aad (ii) a letter of eredk or line of credit issued by my fmancial insti"~'on, provided tha~ a
Credit Rating Agency having an outstanding lai~g on the Pmlty Bonds would rate the Parity Bonds in its
two highest generic ratiag categories for such obli~a'6ons if the lel~or of credit or line of credit proposed m
be issued by such fumacial institution secured the ~nely payment of the ent~ principal ammmt of the Parity
Bonds and the interest therec~
"Credit R~tl,g Agency" means any nationally recognized municipal securities coxi,~ service
whom the ~ seeks and obtaias a mtiag on any issue or serias of Parity Bonds.
'T~efeasance Securities" means 0) direct, noncallable obligations of the United States of Araerica.
including obligmions that are cmcxmdi~'onally gummateed by the United States of America. (fi) noncallnhle
obligations of an agency or inslxum~,(udity of the United States of America, including obligations that are
uncondiu~ guaranteed or insured by the agency or instrum¢~c~ty and tlm on the date of the purc~
thereof are tared as to iavesunent quality by a nationally recognized iavesUnant rating £~ not less ~an
AAA or its equivalent, and (iii) noucallable obligations of a state or an agency or a county, municipality, or
other political subdivision of a state that have been refunded and that, on the date the Board adopts or
approves the proceedings authorizing the financial m~m~gements are rated as to inveslment quality by a
nationally mcogn~ i~ed investment ra~ng £am not less than AAA or its equivalent.
"Election" shall me~m the election held on November 7, 2000, authorizing the City to levy the Sales
Tax, and any election hereafter conducted with respect to the e~ion of, or change in the permitted uses
of, the Sales Tax.
"Fiscal Year" shall mean the fiscal year of the Issuer, being the twelve month period ending July 31
of each year.
'~rcestment Act" shall mean the Public Funds Inve~tmont Act of 1987, Chapter 2256, Texas
'q~ssuer" ~;hall mean Corpus Christi Business and Job Development Coqxaation.
'~IRMSIR" means each person whom the SEC or its staff has determined to be a nationally
"Parity Bonds" nhall mean the Bonds and any Additional Bonds hereai~er issued.
''Faying Agent/Regist:~' shall mean the financial institution so designated in acco~anee with the
provisions of Section 4 of this Resolution.
'Wledged Revenues" shall mean the Sales Tax, less any amounts due or owing to the Comptroller
as charges for collection or retention by the Comeuuller for refunds and to redeem dishonored checks and
drafts, to the extent such charges and retonfions are authorized or required by law.
"Project" shall mean the Costs for the improvement and enhancement of the Arena, as further
described in the Project Agreement, for the specific purpose of the promotion and encouragemem of
employment and the public welfare.
of August 1, 2001, as amended.
"Purchase Agreement" means the bond purchase contract between the Issuer and the Underwriters
pertaining to the purchase of the Bonds by the Undenvriters.
',Requi~l Reserve Amoune' shall mean 1.00 amos the average annual principal and intorm
requirement of the Parity Bonds; provided, however, that the Required Reserve Amount shall not exceed
9
10 percem of the aggregate proceeds (within the meaning of Section 148(d)(2) of the Code) of the Parity
Bonds.
"Reserve Fund Obligations" shall mean cash, Authorized Inveslmen~s, and any Credit Facility (one
or more), or ~y combination of the f~going.
"Rule" means SEC Rule 15¢2-12, as amended from time to time.
"Sales Tax" shall mean the one-eighth ofune percer~ sales and use tax approved by the citizens
of the City for the Arena at the November 7, 2000 election, end levied by the City within the boundaries
of the City as hey now or herent~n' exist, toe. fi,er with eny inc~enses in the aforesuid ra~e if provi~ ~
authorized by the laws of the State of Texas, including specifically the Act, and collected fi~r the benefit of
the Issuer and ;he Project, a/1 in accordance ~ the Act, includin~ p~icularly Section 4A thereof.
"SEC" means the United States Securiu'es and Exchange Comminsion~
"Series 2001 Note" shall mean the Corpus Chxisfi Business and Job Development Corporation
Sales Tax Revenue Note, Taxable Series 2001 (A~aa Project), currently outstanding in the aggregate
principal amount of $5,000,000.
"SID"means any person designated by the Sta~e of Texas or an authorized departmem, officer, or
agency thereof as, and detemdned by the SEC or its staff to be, a state information depositorywithin the
rnmning of the Rule from time to time.
'~rransfer Agreement" shall mean the Sales Tax Remittance Agreement dated as of August 21,
2001, between the City and the Issuer.
Section 7. PLEDGE. The Parity Bonds and any interest payable thereon ate and shall be secured
by end payable from a first lien on and pledge of the Hedged Revenues; and the Hedged Revenues are
further pledged to the establishment and maintenance of the Debt Service Fund end the Reserve Fund as
hereinafter provided. The Parity Bonds are and will be secured by and payable only tixnn the Pledged
Revenues and amounts on deposit in the ~ Service Fund and the Reserve Fund, and are not sect~ed
by or payable from a mortgage or deed ofm~ on any real, personal or mixed properties constituting the
Project.
Chapter 1208, Texas Government Code, applies to the issuance of the Bunds and the pledge of
the Pledged Revenues granted by the Issuer under this Section, and such pledge is the~tbre valid, effective,
and perfected. If Texas law is amended at any time while the Bonds are en~.vamding and unpaid such that
10
Bonds the perf*~on of the security interest in said pledge, the Issuer agrees to rake such measures as it
determines are reasonable ~md necess,my under Texas hw to comply with the applicable p~uvi$iom of
Chapter 9, Texas Business & Commerce Code mad enable a filing to perfect the security interest in said
pledge to occur.
Section 8. REVENUE FUND. There heretofore has been mated and established on the books
of the Issuer, and aceounted for separate and ~-t from ail other funds of the Issuer, a special fired entitled
"Corpus Christi Business and Job Development Corporation Sales Tax Revenue Fund (Arena Project)"
(hemhmtter called tim "Revenue Fund'S. All Pledged Revenues ~hall be credited to the Revenue Fund
iaiiuedismly upon receipt. Monies in said Fund shall be maintained at the Depository Bank.
Wilhin the Revenue Fund the Issuer may ~tablish sm account for the purpose of clqx~ifin~ a
pcmion of the Sales Tax, comistent with the proposition app,uved at the Election, for the paymem of the
costs ofmaimaining and operating the Project. The Issuer may fund any such aceoum so established with
Pledged Revenues ~ maldng the transfers required to be made in accordance with Sections 15, 16 and
17 hereof. The Issuer may withdraw and use, for any propose not inconsistent with the proposition
ap~,goved at the Election, any money in any such account so established to fund Costs of the Project for
c. apihal improvements, or to fund &e Debt Service Fund or the Reserve Fund; provided, however, ~t ~
to making such withdrawal for the propose of funding Costs of the Project for capital ~n;.r, rovements, such
wi~ and the specific capital improvem~ui~ to be funded with such money must be authorized and
,~v, oved by official ~-tion of the governing bed? of the ¢i~.
Section 9. DEBT SERVICE FUND. For the solepmpose ofpayingtheprincipatofandinten~
on the Parity Bonds and any Additional Bonds, as the same come due, there is hereby created and
established on the books of the Issuer a separate fund entitled the "Coqms Christi Business and Job
Develci~ment Coff~orafion Sales Tax Revenue Bonds Debt Service Fund (Arena Project)" 0tereinat~
called the "Debt Service Fund"). Monies in the Debt Service Fund shall be maintained at the Depository
Bane
Section 10. RESERVE FUND. (a) There is hereby created and established on the books of the
Issuer a sepmate fund ~mitled the "Oapus Christi Business and Job D~velopment Corporation Sales Tax
Revenue Bonds Re~m,e Fund (A~cma Project)" (hereinafter called the "Reserve Fund"). Reserve ]Fund
Obligations deposited to the credit of the Reserve Fund shall be used solely for the ~ of~tifing the
last of any Parity Bonds as they become due or paying principal of and interest on any Parity Bonds when
and to the ex'te~ the amounls in the Debt Service Fund are insufficient for such purpose. Reserve Fund
Obligations deposited to the credit of the Reserve Fund shall be maintained at the Depository Bank. The
Reserve Fund ~hal! be maintained in an amount equal to ~he Required Reserve Amount. ~bject to the
provisions of Section 16 befool, the chief financial officer of the Issuer may, at the option thereof, withdraw
all smplus in the Reserve Fund over the Required Re~ave Amount.
11
on deposit in the Reserve Fund or in substitution for or replacement of any existin4g Credit Facility. Upon
such replacement or substitution, cash or Authorized Investments on deposit in the Reserve Fund which,
taken together with the face amount of any existing Credit Facilities, are in exceas of the Required Reserve
Amount may be withdrawn by the Issuer, at the option of the chief financial officer of the Issuer, and
transf~n'red to the Revenue Fund for completion of the Project (if bond proceeds are the source of such
funds) or for other uses related to the Project as permitted by the t~,ma oftbe proposition approved at the
Election; provided that at the option of the chief financial officer of the Issuer, the face amount of any Credit
Facility may be reduced in lieu of such transfer.
(c) If the Issuer is required to make a withdrawal flora the Reserve Fund fi>r any of the purposes
described in this Section, the chief financial officer of the Issuer, acting en behalf of the Issuer, shall
lnvmpily notify the issuer of such Credit Facility of the necessity for a withdrawal fromthe Reserve Fund
for any such proposes, and shall make such withdrawal FIRST from available moneys or Authorized
Investments then on deposit in the Reserve Fund, and NEXT fix>m a drawing under any Credit Facility to
the ex-lent of such deficiency. Should there be more than one provider of Credit Facilities that are on
deposit in the Reserve Fund, the order of priority with respect to the drawings on such Credit Facih'ties shall
bo detemained by the Issuer and the providers of the Credit Facilities prior to any such drawings being
made thereunder.
(d) In the event there is a draw upon the Credit Facility, the Issuer shall reimburse the provider
of such Credit Facility for such draw, in accordance with the ~tm~ ofmuy agreement pursuant to which the
Credit Facility is issued, from Hedged Revenues, however, such reimbursement from Pledged Revenues
shall be subject to the provisions of Section 15 hereof ~d shall be subordinate and junior in fight of
payment to the payment of principal of and pi~nfium, if any, and inlm'eat on Parity Bonds.
Section 11. CONSTRUCTION FUND. (a) There is hereby created and established on thc
books of the Issuer a separate fund entitled the "Corpus ClnSsti Busineas and Job Development
Corporation Series 2002 Consmacfion Fund (Arena Projact)" (hereina~ called the "Consu'ucfion Fund").
The Conslruction Fund shall be maintained at the Depository Bank and shall be subject to and charged with
a lien in favor of the registered ownem of the Bonds until said money on deposit therein is paid out as herein
provided. The proceeds from the sale of the Bonds, other than any accrued interest and any capitalized
interest (which shall be deposited to the credit of the Debt Service Fund), shall be credited to the
Construction Fund together with such amounts required to fund the cost of the Project after making
required monthly deposits to the Debt Service Fund and Reserve Fund. All interest and profits from
investments made with money in the Cons~xuction Fund shall remain on deposit in the Construction Fund
and as part thereof.
12
Co) Money in the Constru~on Fund shall be subject to disbursement by the Issuer for payment
of any Cost of the Project. Disbursements fwm the Consmwtion Fund shall be made by check signed by
an officer ofthe Depusitory Bank onbehalfofthe Issuer. Such disbutsm~ents shall be made only upon the
submission of a request by the Issuer, aFln,aved by the C~.~y as pwvided in subsectinn (c) of this Seofion,
and stating that said purpose for which thc disbursement is requested constitutes a valid Cost of the Project.
(c) The provisions of subsection Co) of figs Section notwifl~uating, such officers and employees
of the Issuer shall no~ have authority to request the disbumement of money from the Conslmction Fund to
pay any such Costs of the Project until the payment of such Costs has been appwved in wfitiag by thc chief
fimmial officer of the City. Copies of invoices and s~ements with respect to a disbursement shall be
submitted ~o the chief financial officer of the City for ~,view thereby prior to the approval of said
disbursement request.
Section 12. TRANSFER. (a) Pursuant to the provisions ofthe Transfer Agreement, the City has
agreed to do any and all ~hln~ necessany to accoa~plish the h~fer of the Sales Tax collected for the
benefit of the Issuer to the Revenue Fond on a monthly basis. The Transfer Agreement shall govern matters
withrespect to the collection of sales taxes from the Comptroller, c~edits and mfands due and owing to the
Com~u~ler, and other matters with respect to the collec~don and Iransfer of the Sales Tar. The City shall
maintain the proceeds firm the cellection of ~he Sales Tax in a m~st accoum separate from all other fimds
of the City, with such trust account to be ma'.nained at an official depository bank of the City.
Co) The Chairperson and the Treasurer of the Board are hereby c~lered to do any and ali things
necessary ~o accomplish the transfer of monies to the Debt Service Fund in ample time to pay the principal
of and inte~eat on the PariW Bonds.
Section 13. DEPOSITS OF PLEDGED REVENUES; INVESTMENTS. (a) The Pledged
Revenues shall be dcpusited in the Debt Service Fund, the Reserve Fund and the Admin~hoilve Expense
Fund as her¢ina~'er desO'l~ when and as required by ~ Resolution.
Co) Money in any Fund established by this Resohtion may, at the option of the Bonrd, be invested
in Authcnized Investments; provided that all such depusiB and investments shall have a par value (or market
value whon less than par) exclusive of accrued ~uiv~st at all times at least equal to the amount of money
credited to such Funds, and shall be made in such manner that the money requh-ed to be expended from
any Fund will be avaihble at the proper firne or firaes. Money in the Reserve Fund shall not be invested
terms of cu~,~,~ marl~ value as of the last day of each year, except *hat direct obligations of fl~ United
Sta~es (State and Local Gov~uaaent Series) in buok-entry form shall be continuously valued at theft par
or face principal amount. Such investments shall be sold tno~apfiy when necessary to l~Vent any default
in coraection with lhe Parity Bond~
13
Section 15. Dlfl~T SERVICE REQUIREMENTS. (a) F,umptly after the delivery oftbe Bonds,
the Issuer shall cause to be Uausfvmxl ~o the Paying AgenVRegi~h~a and deposited to the credit of the
Debt Service Fund any accrued interest or capitalized interest reeeived from the sale and delivery of the
Bonds, as described in the certificate delivered in sccordance with the provisions of Seetion 31 hereof, and
any such deposit shall be used to pay the interest next coming due on the Bonds.
(b) The Issuer shall lransfer or cause to be transfen'ed Pledged Revenues on deposit in the
Revenue Fund, to the Paying AgenffRegistrar for deposit to the credit of the Debt Service Fund the
amounts, at the times, as follows:
(1) Such mounts, deposited in approximately equal monthly inmlM~ui~ on or
before the 25th day of each month beresf~er, commencM~ with the mcat& during which the
Bonds are delivered, or the month thereatter if delivery is made atter the 25th day thereof,
Fund and available for such purpose, to pay the interest scheduled to ar. crue and come due
(2) Such mnounts, deposited in wtnuximately equal monthly installraents on or
before the 25th day of each month hereafter, c~...,encing with the month durin~ which the
Bonds are delivered, or the month thereafter if delivery is made after the 25th day thereof,
es will be sufficient, togetber with other anac~ua.% if any, then on hand in the Debt Service
Fund and available for such purpose, to pay the principal scheduled to mstt~ and come
due on the Bonds on the next succeeding ~,,~ucip~ payment date.
Section 16. RESERVE REQUIREMENTS. When and so long as the Reserve Fund Obligations
h the Reserve Fund are not less than the Required Reserve Amount, no deposits need be made to the
credit of the Reserve FuncC When and ff the Reserve Fund contains less than the Required Reserve
Amomt due to the issuance of the Bonds or any Additional Bonds, beginning on the 25th day of the month
following the delivery of the Bonds to the Under,,vfiters, mad continuing for sixty months, the Issuer shall
transfer or cause to be wansfeaxed Pledged Revenues on deposit in the Revenue Fund, and deposit to the
credit of the Reserve Fund an amount equal to 1/60 of the difference det~mfined as of such delivery date
between the amount inthe Reserve Fund and tbe Required Reserve Amount. When and if the Re~ve
Fund at any time contains less ~ the Required Reserve Amount due to any cause or condition other than
the issuance of any Additional Bonds, ~ subject and subordinate to making the requLved deposits to the
credit of the Debt Service Fund, such deficiency shall be made up as soon as possible from the next
available Pledged Revenues, or from any other somces available for such purpose. The Issuer may
withdraw and use, for any pmlx~ relating to the Project not inconsistent with the provisions of the Act
and the gitn~osifion approved at the Election, all surplus in the Reserve Fund over the Required Reserve
14
the Issuer shall provide that ~ch Credit Facility shall be renewed al least twelve (12) months prior to the
the termination or ex~iralion of such Credit Facility will be acconnted for eilt~r by (i) obtain~g a substitute
Credit Facility no sooner lhan twenty-fl~or (24) months or no later than twelve (12) months prior to the
specified tennitmion or exphtaion date of the then existing ~ Facih'ty or (ii) by depositing cash into the
Reserve Fund in no more than twenty-four (24) monthly inmlhne~ of not less than one-t~m~y fourth
(1/24th) of the amount of such deficiency on or before the lSth day of each month, conih;encing on the
15th day of the month which is twelve (12) months prior to such termination or expiration date, to restore
the Debt Service Reserve Fund to the Required Reserve Ammmt.
Se~don 17. ADMINISTRATIVE EXPENSE FUND. There is her, by crated and e~tablished
on the books of the Issuer, and accounted for sep~ate and a~rt from all other funds of the Issuer, a
special trust fund entitled the "Corpus Christi Business and Job Development Corporation Sales Tax
Admini~ailve Expense Fund" (hereinatk. r called the "Administrative Expense Fund"). Money in the
Aclmini~ufive Expense Fund shall be maintained al the Depository Bank. After ranking the required
tra~fers to the Debt Service Fund and the Reserve Fund (ifnecessary) in accordance with Section 15 and
16 hereof; for so long as any Parity Bonds a~e ~ and onpaid, lhe Issuer shall transfer Pledged
Revenues from the Revenue Fund in an amount not exceedin~ $15,000 per Fiscal Year into the
Administrative Expense Fred. At notime shallthe Admini~h~iive Expense Fund have an amount in excess
of $15,000 on deposit therein. Money in the Administrative Expense Fund may be used to pay
administnm've and general expens~ oftbe Isauer, including, without limitation, the ~pense of an armual
audit, the fees and expen~ ofthe Paying Ag~nt~,egistrar and ~ay charges ofthe City for its administration
of any of the Issuer's affairs.
Section 18. FINDING OF ECONOMIC DEVELOPMENT. The Issuer hereby finds, based
upon information provided to it by the City, that the Projcet will foster and cnlmace economic devdopmem
in the City, by providing a venue where entensinment and cultural activities lhal eunvafly do not come to
tbe City will be allracted to and performed in the City, tlv,'reby expanding the sales tax and hotel occupancy
tax bases of the City, and providing ,mployrmmt opportunities to the eilizem of the C~ty.
Section 19. CONTINUING DISCLOSURE UNDERTAKING. (a) ~. (i) That
the Issuer shall provide annually, wi~in six months at~ ~le end of each Fiscal Year ~ading ia or atter 2003,
B hereto provided that such information m~d d~_a is customarily la, q~a'ed by the Issuer. Such information
shall be provided to any person upon request made to the Issuer provided that the Issuer ~eserves the rigbt
at any lime to coi,~aience mak~ such a~mual filings with the SID (if any, and if none, to each NRMSlR)
15
prepared in accordance with the accomfing vt~ciples described in Exhibit B hereto, or such other
accouming ~les as the lssuer may be z~! to ~ploy from 6me to time pumumt to state hw or
~,1~ and (2) audited, if the Issuer co~,~hsions an audit of such statements and the audit is completed
within the period du~ing which they must be provided. If lhe audit of such financial statemeai~ is not
complete within such period, then the Issuer shall l~v~ide unaudited financial staterooms by the x~ired
l~e and shall provide audited financial statemc~a~s for the applicable Fiscal Year to each NRMSIR and any
SID, when and if the audit report on such stai~ments become available.
(ii) Ifthe lsa~er cha~ges its Fiscal Year, it will notifi] the SID of the change (a~d ofthe date of the
new Fiscal Year end) prior to the next dam by which the Issuer olherwise would be required to provide
financial infomlation and operating d~ pursuant to hhis subsection (a). The financial infon~afion and
operafi~ da~ robe provided pursuant to this Section may be set f~h in full in one or more documents
document, if it is available from the MSRB) that therotofore hm been provided to the S1D or filed with the
SEC.
The Issuer shall notify any SID ~md the MSRB, in a timely mann~r,
of any of the following events with re~pect to the Bond~ if such ev~t is rnmerial within the meaning of~
1. Principal and interest payment delinquemies;
2. Non-payment rehted defaul~
3. Unscheduled draws on debt service reserves reflecting fnmncial difficulties;
6. Adverse tax opinions or events affecting thc tax-exempt status of lhe Bonds;
7. Modifications to righ~ of holde~ of the Bonds;
8. Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property secudng repaymem of the Bonds; and
u.
The Issuer shall notify any SID and the MSRB, in a 6mely nnnner, of any failure by the Issuer to provide
fma~ial infOIT~tiOll or ope~tJllg d~t~ ~ aCC, O~ with subsection (a) of this Section by the time
requiaxi by such subsection.
(c) Umailatiom, Diselalmem and Amendmeme. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section forso long as, but only for so long as, the Issuer m
an "obligated person" with respect to the Bonds within the meaning of the Rule, except that ~ae Issuer in
any event will give notice of any deposit made in accordance with this Resolulion or applicable law that
causes Bonds no longer to be Outstanding.
16
tight, ~mody, or clan hereunder to any other person. The Issuer undertal~s to provide only the financial
infonnmion, operating data, financial statements, and notices which it has expressly agxv~l to provide
pursuant to this Section and does not hereby undertake to provide any other information that may be
n~levant or material to a complete prescription of the Issuers financial results, condition, or prospects or
hereby madertake to update any information provided in accordance with this Section or otherM~, except
{ih) UNDER NO CIRCUMSTANCES SI-IAI J. THE ISSUER BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY TIIE
ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON frs PART, OF ANY COVENANT
SPECIFIED IN THIS SECi1ON, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOLrNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or perform~g its obligmions under this Section shall
comprise a breach of or defauk tmdar this Resolution for purpo~s of any othar provision of this Resolution.
Nothing in ~ Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under ~ and state securities laws.
(v) The provisions of this Section may be mended by the Issuer from time to time to a,!_~ W
changed circumstances that arise from a change in legal t~qukemeras, a change in law, or a ctum~ge in thc
identity, natu~, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as
so mended, would have permitted an undem, titer to purchase or sell Bonds in the primary offering of the
Bonds in compliance with the Rule, taking into account any amendments or inteqnetati~ ofthe Rule since
such offering as well as such chart,ged circmn.qtances and (2) either (a) the holders of a majority in aggregete
p~hcipal amoum (or any greater amount required by any other provision of~ Re~olutien that authorizes
such an amendment) of the outsmrding Bends consent ~o such amendment or (b) a per, on that is
unaffiliated with the Issuer (such as nationally reco~ i~axl bond counsel) determines ~ such amendment
amends the provisions ofthis Section, it ~hall include with any amended financial infotmalien or operaling
data next provided in accordance with subsec'don (a) of ~ Section an explanation, in narrative form, of
the ~eason for the amendment and of the i .mpact of any change in the type of financial information or
operating data so providexL The Issuer may also amend or repeal the provisions of this continuing
diselosme agreement if the SEC amends or repeah the applicable provision of the Rule or a court of final
jufi~h'cfion enters judgment that such provisiom of the Rule am invalid, but only if and to the extent lt~at thc
17
pmvis~ of this sentence would not [xevent an underwriter from lawfully purch~.~ing or selling Bonds in
the p~iaa~ry off=fi-g oflhe Bonds.
Section 20. PAYMENT. On or before Match 1, 2003, and semiannually on or before each
September 1 and March 1 flaereafier while any of the Bonds are outstanding and unpaid, the Paying
Agent/Registrar shall make paymem of the p~iacipal of and imerest on the Bonds to the holders thereof with
funds on deposit in the Debt Service Fuad and the Reserve Fund (if necessary).
Section 21. DEFICIENCIES; EXCESS PLEDGED REVE31UES. (a) If on any occasion there
shall not be sufficient Hedged Revenues to make the tequi~l deposits into the Debt Service Fund, the
Reserve Fund and the Admlni~i~:ilve Expense Fund, then such deficiency shah be made up as soon as
poas~le flora the nex~ available Hedged Revenues, or from any other sources available for such propose.
(b) Subject to maldn~g the requital deposits to the credit of the Debt Service Fund, the Reserve
Fund and the Administrative Expense Fund, when and as required by tiffs Resolution, or any resolution
amheri:,i~g the issuance of Additional Bonds, the excess Pledged Revenues may be used by the Issuer for
any hwful purpose not incxmsis~ wiOa lhe Act and the V~OlX~tion approved at the Elecfio~
Section 22. ADDITIONAL BONDS. (a) The Issuer shall have the ri4ght and power a~ any time
and fium time to time and in one or more series or issues, to authorize, issue and deliver ~ifionalparity
~vvenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for purposes
of financing of pmjeots (including the Project) under the provisions of the Act, or for the purpose of
refunding of any Parity Bonds or other obligations of the Issuer incun~ in connection with the financing
of projects (including the Project) undor the provisions of the Act. Such Additional Bonds, if and when
equally and ratably on a parity wlth the Parily Bonds, and all other outstanding Additional Bonds, from a
first lien on and pledge of thc Pledged Revenues.
(b) That the Debt Service Fund and the Reserve Fund established by this Resolution shall secure
and be used to pay all Additional Bonds as well as the Parity Bonds. However, each resolution under
the provisions of this Resolution and ~he provisions of any other resolution cr resolutions authorizin~
Additional Bonds to be deposi~d to the credit of the De~t Service Fond, the Issuer shall deposit to the
credit of the Debt Service Fund at least such amounts as am required for the payment of all p~h~cipal and
interest on said Additional Bonds then being issued, as the same come due; and that he ~ ~t
to be accumulated and maintained in the Reserve Fund shall be increased (if and to the extent necessary)
to an amour not less ~ the average annual principal and interest requimmants of all Parity Bonds and
Additional Bonds which will be outstanding after file issuance and delivery of the then proposed Additional
Bonds; and that the required additional amonm shall be so acommlated by the deposit in the Rasorve Fund
of all or any part of said required additional amount in cash iim~]ediately aiter ~he delivery of the then
proposed Additional Bonds, or, at the option of the Issuer, by the deposit of said required additional
18
proposed Additional Bonds, of not less than 1/60th of said required additional amount (or 1/60th of the
~ of said requLred ~;fional amount not deposited in cash as permitted above).
(d) No installment, series or issue of Additional Bonds shall be issued or delivered unless:
(i) The ~ and the Se~iary of the Board of the Issuer sign a written cerfificale
to the effect hhat the Issuer is not in default as to any covenant, condition or ob~ ~ c~
fl~ ~he Debt Service Fund and thc Reserve Fund each contains ;he amount then required to be
(h) The chief financial officer of the City signs a written certificate to the effect that, during
eiUher the next preceding Fiscal Year, or any twelve consecutive calenda~ month period ending not
more than ninety days prior to the date of the then proposed Additional Bonds, the Pledged
Revenues were at least equal to 1.25 limes the a~mual pth~cipal and ~ requirements
(computed on a Fiscal Year basis) in ~he Fiscal Year in which such requirements are scheduled to
be the greatest of all Parity Bonds and Additional Bonds to be outsta~dlng after the issuance of
~hen proposed Additional Bonds; m'M
(h) The governing body of the City by orificial action ~o~oves the issuance of the Bonds,
as realuimd by the Act.
The fol~going notwilhst~din~; the Issuer may issue Additional Bonds, all or a portion of the proceeds of
which are to be used to refund all of the outstanding Parity Bonds, without the necessity of satisfying the
provisions of clause (ii) of lifts sul:~ction.
(e) The Issuer reserves the right to issue or incur Additional Bonds to pay any Cost of
completing the Project for which the Bonds have previously been issued ("Completion Obligations"). Prior
to the delivery of Completion Obligations, the Issuer must provide, in ~ddMon to all of the applicable
certificates required by subsection (d) of this Section (other than the certificates not required under the
cix~ms~mces described below), the fi~llowing docuraents:
slating that the Project has not mg. efially changed in scope since the issuance of
~he Bonds and setting forth the aggregate Cost to be incurred to complete the
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Project which, in the opinion of such consulting engine~, has been or will be
hcun~ ~
a certificate of the chief financial officer of the City (A) ~ that all amounts
allocated to pay Costs of the Project from the proceeds of the Bonds were used
or are still available to be used to pay Costs of the Project; (B) containing a
calculation of 'he amount by which the ag~gate Cost of the ' ..nprovements
necessary to complete the Project (furnished in fl~e consulting engineer's certificate
descn~0ed above) exceeds the sum of the Costs of the Project paid to such date
plus the moneys m, aihble at such date within any construction fund or other like
account ~l~plicable to fl~e Project plus any other moneys which the chief flnmc~
officer of the City, in ;he discretion thereof, has &termin~ are available to pay
such Costs in ~' other fund; ~d (C) certifying that, in the opinion of the chief
fln~chl officer of the City, it is necessary for the Issuer to issue or incur the
Completion Obligations to provide funds for the completion of fl~.e Projec~
Anything herein '~o the con~a~y, the provisions of subsection (dXii) of this Section do not apply to
Completion Obligations if ~he agg~g~e principal amount of the Completion Obligations ~hen to be issued
does not exceed 15% of the aggregate ~iueipal amoum of the Bonds initi"~y issued to pay ihe Cost of the
Project.
(f) Any inslallment, series or issue of Additional Bonds may be issued in such a rammer that such
Additional Bonds would qualify as obligations described by Sec'don 103(a) of ~he Code.
Section 23. GENERAL COVENANTS. The Issuer further covenants and agrees that in
accordance with and to the extent requital or permitted by law:
to be deposited the amounts required to be deposited into the Funds created hereby; and any registered
owner of the Bonds may x~luire the Issuer, its officials and employees to cany out, respect or enforce the
covenants and obligadom of this Resolution, by all legal and equitable means, including specifically, but
without lhni~'on, the use ~ad filing of mandaraus proceeding, in ~ay corm of competent jur~'ction,
~again~ the Issuer, its officials and employees, or by the appointment of a receiver in equity.
Co) l.~ilAuflaa~, h is a duly created ~md existing industrial devek,pment corporation, and is
duly authorized under the laws of the State of Texas, including 'he Act, to create and issue the Bonds; that
all action on its part for ~he creadon and issuance of~he Bonds has been duly and effectively taken, ~md that
2O
the Bonds in the hands of the tq~iste~,d owners thereof am and will be valid and enforceable special
oblig~ions of the Issuer in accordmce with their terms~
(c) ~. It, while any Parity Bonds are ou~i~ding and unpaid, will not
additionally encumber the Hedged Revenues in any manner, except as permitted in this Resolution in
connection with Additional Bonds, unless said encumlmmce is m~ junior and subon, tins~e in all respects
to the liens, pledges, covenants ~ agreements of this Resolution; but the fight of fl~e Issuer to issue
of the Act, is specific~dly nx:o~ i~xl and ~ined.
(d) ' ' It, while any P~ity Bonds are outstanding and unpaid, will not
sell, convey, mort~, ~m~mber, lease or in any mmme~ ;tamfer title to, or otherwise dispose of the
Project, or any significant or substantial part thereof, without the qop~oval of the governinE body of the City.
(e) .O,~iiiaiI~.~l]~ (i)The Issuer heteby confirms the earlier levy by the City ofthe Sales
Tax at the rate vo~ecl at the Election, and the Issuer hereby warnmts and represents flint the ~ has duly
md lawfu~y ordered the hnpo~'on md collection of the Sales Tax upon all sales, uses and ~amactions as
are permitted by and described in the Ac~ throughout the boundaries of the City as such ~ ~
on fl~e date of the Election and as th~ may be expanded ~ time to time.
(h) For so long as any Parity Bonds are outstanding, the Issuer covenants, agrees and warrants
to toke ~nd pu~ue all action permiss~le under ~plicable law to cause the Sales Tax, at said rate or at a
higher raIe ffpermitted by ~plicable law, to be levied and collected continuously, in the manner md to the
maximum ex'~e~t p~mdtted by applicable law, ~a~d to cause no reduction, aba~ment or exemption in the
Sales Tax or rate of tax below ~he hue stated, confirmed and ordered in clause (i) ofthis subsection to be
(iii) If the City shall be authorized hereafter by applicable law to apply, impose and levy the Sales
Tax on any taxable items or transactions that am not subject to the Sales Tax on the date of the adoption
hereof, ;he Issuer, to the extent it 1 ~ega~ly may do so, hereby covenants and agrees to use its best efforts to
cause the City to take such action as may be required by applicable law to subject such taxable items or
tmmacfions to the Sales Tax.
(iv) 2-he Issuer agrees to take and pursue all action p~missible under applicable law to cause the
Sales Tax to be collated and remitted and deposited as herein required and as required by the Act, at the
earliest and mo~t frequent times l~tmitted by ~plicable law.
(v) The Issuer agrees and covenants at all times to use its best efforts to cause the City to ~ly
with ~ Transfer Agrtx~ent and the Project Agreement,
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(0 Records. It w~l keep proper books ofrecordandacconntinwhichfull, trueandcom~enlxies
will be made of all d~lh~?, activities and h-,m,~'lions relafi~ to tha Project, the Pledged Revenues and
the Funds created pursuant to this Resolution, and all books, documents and vouchers Elating the~o shall
at all ressonable times be made available tbr inspection upon request of any bon~oiders.
Seotion24. DEFEASANCE OF BONDS. (a) ~fe~ ~n~. That any Bond and the
interest thereon shall be deemedto be paid, mti.,~l andno longer Outstanding (a"Defeased Bond'% except
to the extc~ provided in subsection (d) of this Section, when payment ofthe principal of such Bond, plus
inten~st thereon to the due date (whether such due d~e be by reason of maturity or otherwise) eithar (i)
shall have been made or caused to be made in accordance with the terms ~bereof, or (ii) shall have been
provided for on or before such due date by irrevocably depositing with or making available to the Paying
AgenVRegisWar in accordance with an escrow agreement or other similar inslroment (the *'Fulure Escrow
AgreemenO for such payment (1) lawful money of the Uni~d States of America sufficient to make soeh
payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such
~'nes as will insure the availsh~'y, without l~inv~ameqt, of sufficient money to pLuvide for such paymem,
and when proper ~u~ugements have been made by the Issuer with the Paying Agent/Registrar for the
payment of its services until all Defessed Bonds shall have become due and payable. At such time as a
Bond shall be deemed to be a Defeasod Bond hereunder, as aforesaid, such Bond and the interast thereon
shall no longer be secured by, payable fium, or entitled to the benefits of, the Pledged Revenues, and soeh
p~;ueipal and interest shall be payable solely fixrm such money or Defeasance Securities. Notwithstanding
redeem Defeased Bonds lb. at is caa,~ in conjunction with the paymeot a,,m~gements specified in clauses
(i) or (ii) above shall not be irrevocable, provided that, in the proceedings providing for such paymem
arrangements, the Issuer expressly reserves the fight (1) to call the Defeased Bonds for redemption; (2)
to give notice of the reservation of that fight to lhe owners of the Defeased Bonds iuuuediately following
the making of the payment arrangements; and (3) to di~t that notice of the reservation be included in any
re&n~oiion notices that it authorizes.
(b) Investment in Defeasance Securities. Any moneys so deposited with the Paying Agent/Regislrar
may at the written direction of the Issuer be invested in Defeasance Securities, maiming in the amounts and
limes as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Regis~ ~ is not required for the payment ofthe Bonds and intere~ thereon, with respect to
which such money has been so deposited, shall be turned over to the I~suer, or d~po~ited as directed in
writing by the Issuer. Any Futu~ Escrow Agreement pu~uant to which the money and/or Defeasance
Securities are held for the payment of Defeased Bonds may contain provisions permitting lhe investment
or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities
upon the satisfaction of the requirements specified in sub~ctiens (a)(i) or (ii) of this Sectiom All income
from such Defeasance Securities received by the Paying Agent/Registrar which is not t~quil~l for the
22
(c) Paying A_oenffRegistra?' Service~ Until all Defeasod Bonds shall have become due and
payable, the Paying Agent/Reg~h~u shall perform the services of Paying Agent/Registrar for such Defeased
Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to
provide end pay for such services as required by this Resolution.
(d) Selection of Boncls for Defeasance. In the event that the Issuer elects to defense less than
all ofthe principid amount ofBonds ofa matulity, fl~ Paying Ag~t/R~gistr~ shall s~le~, or ~s~ to b~
s~l~l, such amount of Bonds by such r~dom m~&od as it d~ms fair end appropfiag.
Section 25. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a)
~. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or ~
the Paying A~mt/Registrar shall cause to be pdated, executed, and delivered, a new bond of the same
piiadpal amount, maturity, and interest rate, as the danmged, mutihted, lost, stolen, or destroyed Bond,
in replacement for such Bond in the manner hereina.qer provided.
by them to save each of them hal'mless from eny loss or damage with respect thereto. Also, in every case
of loss, the~ or destruction of a Bond, the registered owner shall furnish to the Issuer end to the Paying
AgenffRegistlar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may
be. In every case of damage or mmilafion of a Bond, the w~slcred owner shall surrender to the Payin~
Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) ~ Notwithstanding the fo~oing provimom of this Section, in the event
any such Bond shall have matured, and no default has occurred which is then continuing in the payment of
the principol of, redei~ilon premium, if eny, or interest on the Bond, the Issuer may mlthorize the payment
of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of
(d) Charge_ for Issuing Replacement Bon&. Prior to the issuance of any replacement bond, the
Paying Ag~dRe~ shall charge ~h~ regisa~ owner of such Bond with all legal, printi~ and other
expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section
by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of
the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable
by anyone, and sl~ll be entitled to all the benefits of ~ Resolution equa~y and proportionately with any
and all other Bonds duly issued under this Resohtio~
23
without necessity of fmther action by the governing body of the Issuer or a~ly other body or person, and
the duty of the replacement of such bonds is hereby authorized and i ~mposed upon the Paying
Agenl/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and
man~er and with the effect, as provided in Section 4(d) of this Resolution, for Bonds issued in conwt~ion
and exchange for other Bonds.
Section 26. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION; CUSIP NUMBERS AND BOND INSURANCE, IF OBTAINED. The
Chalrpemm of the Board of the Issuer is hereby authorized to have control of each Bond issued her*under
and all necessary records and proceedings pertaining to each Bond pending their delivery and their
investigation, examination, and approval by the Attorney General of 0ae State of Texas, and their
registration by the Compl~ller of Public Accounts of lhe State of Texas. Upon registration of each Bond
said Coa~uuller (or a deputy designated in writing to act for said CompUoller) shall msr0~lly sign the
Com~,uollegs Registration Certificate on each Bond, and the seal of said Coi~oadler shall be hnpressed,
or placed in facsimile, on each Bond~ The q~wu~ing legal opinion of ~he Issues Bond Counsel and the
assigned CUSIP numbers may, at the q~tlon of the Issuer, be printed on each Bond or on any Bonds
issued and delivered in conversion of and exchange or ~placement of any Bond, but neither shall have any
legal effect, and shall be solely for ~he convenience and h~formafion of the registered owners of the Bonds.
In addition, the form of bond counsel's opinion relating thereto, and an appropriate statement of insurance
supplied by a municipal bond insurance company providing insurance, if any, co~erh~g all or any p~rt of the
Bonds may be pried or at~ach~ to the Bonda
Section27. COVENANTS REGARDING TAX EXEMPTION. That the Issuer intends to issue
the Bonds as m-exempt obligations, and to that end hereby covenants to refrain from any action which
would advenely affect, or to take any action to assure, the treatment of the Bonds as obligations described
in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for
purposes of federal income taxation~ In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent ofthe pwceeds of the
Bonds or the projects financed ~hem~rith (less mounts deposited to a reserve fund, if any) are
used for any "private business use", as defined in section 141(bX6) of the Code or, if more than
10 percent of the proceeds are so used, that mounts, whether or not received by the Issuer, with
reg~ to such private business use, do not, under the terms of this Resolution or any underlying
arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of
the debt service on the Bonds, in conUavention of scction 141(bX2) of thc Code;
Co) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds orthe projects
24
financed ~th (lass amoums depasited into a reserve fund, if any) then the amou~ in excess
of 5 percent is used for a '~tniva~e busineas use" which is "rela~ed" and not "disproportions'', within
the meaning of section 141(bX3) of the Code, to the governmental use;
(c) to take any action to as,su~ that no amount which is greater than the leaser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited imo a reserve
goverra'nantal units, in conu'avantion of seedon 14 l(c) of the Code;
(d) to refrain from taking ~ action which would otbenndse result in the Bonds being
treated as "private acthn'~ bonds" within the meaning of section 141(a) of the Code;
(e) to refrain flora taking any action flint v~uld result in the Bonds being "federally
~d" within the meanin~ of section 1490)) of the Code;
invesm~m property (as defined in section 148Co)(2) of the Code) which produces a ma~riah'y
higher yield over the term of the Bonds, other than invesunem property acquired with -
(1) proceeds of the Bonds invested for a reasonable temporaxy period for
cut~l~ut ~funding of 90 days or less or advance refunding of 30 days or less until such
proceeds are needed for the purpo~ for which the bonds are issued,
(2) amo~rnta invested in a bona fide debt service fired, within the meaning of
section 1.148-1(b) of the Treasury Regulations, and
(3) amounts deposited in anyreasonably required reserve or replacement fund
to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds;
(g) to otherwise restrict the use of the proceeds of the Bonds or amounts ~rcated as
proceeds of the Bonds, as may be necessary, so that the Bonds do not otberwi~e co~'uavone ~he
requirements of section 148 of the Code (relating to arbitrage) and, to tho extent applicable, section
149(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year period
(ber, l-i~ing on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of
the "Excess Earnings", within the mean~ of section 148(0 of the Code and to pay to the United
Sta~es of Amedca, not hter thaa 60 days after the Bonds have beon paid in foll, 100 percent of the
amoum then required to be paid as a result of Excess Earnings under section 148(0 of the Code.
25
refunded bonds expended prior to the date of the issuance of the Bonds. It is the und~i~inadin_g of
Issuer that the covenants contained herein are intended to assure compliance with the Code and any
regu_.~lamms or rulings promulgated by abe U.S. Depamnent of the Treasury pursuant thereto. In lite event
fl~at mgulafiom or rulings are hereafl~ p~om, qgated which modify or expand provisions of the Code, as
applicable to the Bonds, the Issuer will not be requh"ed to comply with any covenant contained herein to
the extem tl~ such failure to comply, in the opinion of uafion~lly-mcol~p~ed bond mi, ~ not
adversely affect the exemption from federal income taxation of intema on the Bonds uader s~don 103 of
the Code. In fl~e event that regulations or rulings ~e here~ promulgated which impose additional
requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional
requi~e,,ents to the ex, em necessary, in the opinion of nmionally-recognized bond counsel, to prese~e ~he
exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In
fu~herance of the foregoing, the ~ the Vice Chahperson or ~he Treasurer may execute any
certificates or other ~ports required by the Code and w make such elections, on behalf of the issuer, which
may be permitted by the Code as are consistent with the propose for fiac issuance of the Bonds. In order
to facilitate compliance with the above clause (h), a *rRebate Fund'* is hereby established by the Issuer for
the sole benefit of fl~e UniWd States of America, and such Rebate Fund shall not be subject ~ the claim
of any other person, including without limitsfion fl~e registered owners of the Bonds. The Rebate Fund is
established for the additional purpose of compliance wi~h section 148 of the Code.
Section 28. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJF_LTL That the Issuer covenants to account for on its books and records the expenditure of
proceeds from the sale of the Bonds amd any inveslment earnings thereon to be used for paying the Costs
of the Project in accordance with the ~kements of lhe Code. The Issuer recogniz~ fl~t in order ~-
the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to
expenditur~ within 18 months of the la, er of the date that (a) the expenditure on a Project is made or (b)
each such Project is completed; but in no event hWr fl~n thee yea~s after the date on which the
expenditure is paid. The forgoing notwiths~ndin~ ;he Issuer reco~n~ i?es tha~ in order for proceeds ~o be
expended under the Code, the sale proceeds or invesUnent earnings must be expended no more than 60
days af~ the earlier of (a) fl~e fu~h ann~ersacy of the daw of initial delivery of the Bonds or (b) the date
the Bonds are retired. The Issuer agrees to obtain the advice of a nationally-recognized bond counsel if
such expenditure fails W comply with ~he foregoing W assure tha~ such expenditure will not adversely aff~
the tsx-exempt status of the Bonds. For purposes of this Section, the Issuer shall not be obligated to
comply wih this covenant if it oo~ains an opinion of a nafionally4ecognized bond counsel to ~he effect ~hat
such failure W comply will not adver~ly affect the excludability for federal ~e ~ p~ ~ ~
Section 29. DISPOSITION OF PROJECT. That the Issuer covenants that the property
constitu~g the Project will not be sold or otherwise disposed in a mmsaction resulting in the receipt ~ ~e
Issuer of cash or other compensation, unless the Issuer oblains an opinion of a nafionally-recogn~ i?ed bond
26
and disposed of in the ozflinmy coume of business shall not be treated as a transaction resulting in the
receipt of a~ or other compem~oa. Forp~ of this Section, the Issuer shall not be obligated to
co~.uly with this covenant if it obtains an opinion of a nationally-recognized bond cotmsel to the effect that
income of the interest
Section 30. SALE OF BONDS. (a) Sale offS. The sale of the Bonds to the Underwriters
is hereby authorized. The Bonds shall be sold to the Underwrite,, at such price, and subject to such teau~
and conditions as set forth in the Purchase Agreement, as shall be determined by the Executive Director
put,ant to subsection (b) below. The Executive Director, acting for and on behalf of the Issuer, is
authorized to ente~ into and catty out the Purchase Agreement wi& the Underwriters, in substauiJally the
form attached hero and w~de a part hereof for all proposes, with such changes as may be necessary to
effect the sale of the Bonds to the Underwriters. The authority of the Executive Director to execute the
Purchase Agreement shall expire if the Purchase Agreement has not been executed by the Issuer and by
the Underwriters (acting through their duly designated representative) by $:00 p.m., Friday, December 27,
2002. One Bond in the principal lanount maturing on each maturity date as set fl~tth in the Purchase
Agreement shall be delivered to the Underwriters, and the Underwriters shall have the right to exchang~
such bonds as provided in Section 4 hereof without cosL
the aggregate principal amouat of the Bonds, the date of delivery of the Bonds, the price at which the
Bonds will be sold, the years in which ~he Bonds will mature, the pdiicipal arno~mt of Bonds to mature in
each of such years, the rate of interest to be borne by each such maturity, the intent.st payment periods, ~he
dates, price, and terms upon and at which the Bonds shall be subject to redemption prior to maturity at the
option of the Issuer, as well as any raandatovj sinking fund redemption pwvisions, and all other matters
relating to the issu~ce, sale, and delivery of the Bonds and the refunding of ~he Series 2001 Note,
includin~ without limilafion, obtaining a municipal bond insurance policy and a debt service re.rye fund
sm~y bond in support of the Bonds, all of which ~.mll be specified in the Purchase Agreement; provided,
that (i) the price to be paid for the Bonds shall not less thao 95% of the aggregate original p~iucipal am~t
thereof, plus accrued imerest thereon from the date of their delivery, (ii) none of the Bonds shall bear
interest at arate greater than 10% per atmum ~d (iii)none of the Bonds shall mature at~M~ch 1,2026.
(c) f~g~:ilgl~a~. The "Official Statement" prepared in connection with the sale of the
Bonds, in substantially the form attached to this Re~olufion, is hereby accepted, approved and authorized
to be delivered in executed fixm to the Underwliter& The use of the "Preliminary Official Statellle~lt"
la~l:~d in conne~on with the sale of the Bonds is hereby ra~fied~
27
reserve fund policy to be obtaiaed from the Insult shall be ia an amount equal to the Requited Reserve
Amount for the Bonds. To tha~ end, for so long as said policies ~e in effect, the requirements of the
Imurer, as a condition to the issuance of said policies, am incorpo~aled by ~f~ace into this Resolution
and made a part bemof for all pu~oses, notwi~ any other pmvisioa of flais Resolution to the
con, my. The Executive Ditector is hereby authorized to execute any agreemc~ats or otber immnnents in
connection wi~ obmiaing any such policy.
Section 31. USE OF BOND PROCEEDS. The proceeds fixnn the sale of the Bonds, other than
costs of issuance paid in accordance with an instruction letter of the Issuer, shall be deposited to the credit
of the various Funds created by this Resolution as set forth in a certificate to be delivered to the Payin~
Agem/Reg~um a~ closing. Bond proceeds iemalning after the coakoletion of the Project either shall be
deposited to the credit of the Debt Service Fund or shall be used to purchase Bonds ia the open market.
Section 32. EXECUTION OF DOCUMENTS. The Clmi~on, the Vice Chaixperso~ the
Executive Director and the Sec~mpd oftbe Board ofthe Issuer arebereby auth~to execu'~e, deliver,
attest aad affix thc seal of the Issuer ~o all documents and immunenls necessary and appropriate ia
connection with the issuance, sale and delivery of the Bonds, including, without limitmion, the Paying
deacribed in SeO:ion 30(d) above, including, without limitation, any ~ent between the Issuer and the
Insurer to effect the delivery of a Credit Facility which constitutes a Reserve Fund Obligation. The
Chai ~n~rson, the Vice Chairperson, the Executive Director and the Secretaw of the Board of the Issuer,
md all other officers, employees, and a~ais of~e Issuer, and each of them, shall be and they ~e he. by
expressly authorized, empowered, and directed ftorn lime to time and at any time to do and perform all
such acts and things md to execute, acknowledge, and deliver ia the name and under the corpor~ seal
and on behalf of the Issuer all such instruments, whether or not herein memioned, as may be necessary or
desirable in order to cm'y out the terms and provisions of~ Resolution, tbe Bonds, the sale and delivery
of the Bonds and fixing all derails in connection therewith, and to approve aay Official Statement, or
Section 33. REASONS FOR REFUNDING. The Issuer is effecting the refunding ofthe Series
2001 Note pursuam to authority grained under the Act, The Board of Directors her~q~y ~ ~ it
is in the best interests of the Issuer to refund the Series 2001 Note for the following reasons. The Series
2001 Note was issued an obligation that was not descti~ in section 103 of the Code, with the intemion
oftefi~sncing the Series 2001 Note into long-Urea obligations that, to the maxiraum extem poss~le, would
q~nl!fy as obligations described ia section 103 of the Code. The issuance of the Bunds effects the
conversion of short-term financing into long-term, ~lx-exempt financing, as was originally intended when
the Series 2001 Note was issued, thereby enhancing the cash flow of the Issuer.
28
Section ~4. RULES OF CONSTRUCTION. For all purposes of this Resolution, unless the
co~xt m~-~s otherwise, allrei'=,~ces to designmd Sections and other subdivisions a~ to ~ ~
and other subdivisions of this Resohaion~ The words "bemin", '~ereof' and '"hereunder' and other words
of similg i.,,~,ol~ refer to this Resolution as a whole md not to ~y p~icul~ Section or o~her su~
Except where tbe con~ex~ otherwise requires, ~zo.s defmed in fl~is Resol~on to i ~m!~rt the singu~ nm~
me~s such provision as it exits on the 0~e this Resolution is adopted by the Issuer and any future
~nendmen~ t~o or successor provisions thereof. Any reference ~o ~he payment of principal in this
Resolution shatl be deemed to include the payment of any mandatory sinking fund ~on payraent~
Any re£w~ce to FORM OF BOND shall refer to the form ~oched to ~his Resolulion as Exin~oit A.
EXI~I~IT A
NO.
UNITED STATES OF AMERICA
STATE OF TEXAS
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
SALES TAX REVENUE REFUNDING AND IMPROVEMENT BOND,
SERIES 2002 (ARENA PRO~EC'r)
Date of
~ Cusip No.
October 15, 2002
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
ON THE MATURITY DATE specified above, CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (the "Issuer"), being a nonstock, nonprefit industrial development
coqxration organized and existing under the laws of file State of Texas, including p/micularly the
DevelolJment Corporation Act of 1979, .4aticle 5190.6, V.A.T.C.S., as amended (the "Act"), and acting
on behalf of the City of Colpus Chl'isti, Ter. as (the "City'S, tmeby promises to pay to the regismred owner
set forth above or to the assignee or assignees thereof (either being hereinal%r called the "registered
ownef') the principal amount set forth above, and to pay ini~t~t thereon from the date of the original issue
specified above, to the maturity date specified above, or the date of redemption prior to matmity, at the
inlm~;st rate per annum specified above with interest being payable on March 1, 2003 and semiannually
on each September 1 and March 1 thereafter; except that ifthe date ofauthenficafion ofthis Bondis hter
payment date next preceding the date of authentication, unless such date of authentication is atter any
Record Date but on or before the next following interest payment date, in which ease such pfinc~ am~
shall bear interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Bond ate payable in hwful money of the United
States of Amaica, without exchange or collection charges. The principal of this Bond shall be paid to the
registered owner hereof upon presentation and surrender of this Bond at malutity or upon the da~e fixed
for its redemption prior to maturity, at the cotpotme lrust office in Dallas, Texas (the "Designated Trust
Office'~ of JPMo,~ Chase Bank, which is the '~0fing Agent/Regi~mu" for this Bond. The payment of
interest on this Bond shall be made by the Paying Agent/P~gisttar to the registered owner hereof on the
iiii~test payment date by check or draft, dated as of such interest payment date, drawn by the Paying
Agem/Regislrar on, and payable solely from, funds of the Issuer required by the resolution authorizing the
States mail, first class postage prepaid' on each such interest payment date, to the x~istered o~ ~
at the ~ ~dress of the registered owner, es it appeaz~ ~ ~¢ 15th day of the month next preeed~g such
date (~e "Record Date") on the R~gistn~en Books kept by the Paying Agent/Registrar, as hereinaeter
described. Any accrued ~,~,e~t due upon the redemption of this Bond prior w maturity as provided herein
.~dl be paid to the registered owner at the Designated Trust Office of the Paying A~ent/Registrar upon
pre~£udion and smmnder of this Bond for mde..~aiJon andpaymant at tbe Designated Trust Oflice of the
Paying Agent/Regi~i~m. The Issuer covenants with the registered owner of this Bond tha~ on or before
matte avail_~ble to the Paying AganYRegiswar, from the "Debt Service Fund" created by the Resolution, the
araoan~ ~ to provide for thc paymem, in im,~liate~ ~n_~le fend~ of all p£iacipal ofmcl intem~
on the Bonds, when due. In addition, interest may be paid by such other method, acceptable to the Paying
A~ui/Regis~rer, requested by, and at the risk and expense of, the registered owner. Inthe event of anon-
payment of hnemst on a scheduled payment date, and for 30 days thcreatter, a new record da~ for such
fin~tq for the payment of such interest have been received from the Issuer. Notice of the Special Record
Date and of the scbeduled payment dine of the post due interes'~ (which shali be 15 days aibx the Special
Record Date) shall be sent at least five busineas days prior to the special record date by the United States
maii~ first-class postage prepaid, to the address of each owner of a Bond appearing on the Regi.~i~O. lon
Books at the close of business on the ~ business day next preceding the date of ~ilin_.~ of such notice.
IF THE DATE for the paymem of the p~h~cipal of or imere~ en this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which b~lclng ins~itutiens in the city where the Desi~oa~ Trust Office
of the Paying AgenttRegisWar is located are authorized by law or executive order to close, then the
for such payment shall be the next succeeding day which is not such a Smurday, Sunday, legal holiday, or
day on which bmddng hmi'"'""~iom are authorized to close; md l~jmem on such date sh~ have the same
force md effec~ as if made on thc ori~r, lnsl d_.~ payment was due. Notwithstanding the foregoing, during
any period in which ownership of the bonda of this Series is detea.mined enly by a book en4ry at a seenfifies
depository therefor, any payment to the securities depository, or its nominee or registered assi~onq~ shall be
THIS BOND is one of an issue of Bonds ~y dated the da~e o£ ori~fnal issue specified on the
faee of this Bond' anthotized in sccordanc~ with the ~ and laws of the Stste of Texas, including
particularly the Act, in the ~--~ prineip~l amount orS. for the purpo~ of (i) constructing,
m0inteined the Projeot, (ii) refunding the Series 2001 Note, and (iii) paying other cos~ associated with the
purposes desc6bed in clauses (i) and (ii), for the specific purpose of the promotion and encoun4ement of
employment and the public wehOair.
ON SEPTEMBER 1, 2012, or any date thereafter, the Bonds of this Series minuting on and after
September 1, 2013 may be redeemed prior to their scheduled maturities, at the ep'don of the Issuer, with
fands d~rived frera any available som'ce, as a whole, or in l~rt, and' if in pm't, the matorivd or m~a~ri~ies of
Bonds and the amounts the~of, to be redeemed shall be selected and designated by the Issuer, and thc
Issuer ~h~ll direct the Paying Agent/ReghU~ to call by lot Bonds, or pordons thereof within such maturities
and in such pilacipal amounts, for sedeaipilon (provided that a poriion of this Bond may bc ~ed ~y
in an integral multiple of $5,000), at the nxle~ollon price of the pils~pal amount the~of, plus accrued
fewer th~n all of the Bond~ of the same ma~ity and bearing the same interest rate are to be redeem~ the
pal'ti/ndgr Bonds of such maturity and bearing such interest rate shall be selected in accordance with the
arrangements between the Issuer and the securities depository.
THE BONDS are also subjeot to mandatory sedemp~on in part by lot pursuant to the terms oftbe
Re~olmion, on Sep)~mber 1, 20._, with re~pe~ to Bonds maturing September 1, 20._~ and on September
1, 20.__, with reapeot to Bonds maturing September 1, 20__, in the following years and in the l~llowing
amounts, at a price equal to the ~hzcipal amount thereof and accrued and unpaid interest to (but excluding)
the a~ of redemt~)n, without ~,,~n:
Year
The l.n~.cipal amount of the Bonds subject to sinking fund redemption required to be redeemed on any
mandatory sinking fund redemption date shall be reduced at the option of the Issuer by the t~ h~cipzl amonnt
of such Bonds which, at least fifty (50) days prior to the mandatory sinking fund red,minion date, shall have
been acquired by the Issuer, and delivered to thc Paying AganVRe~h~ for cancellation or shall have been
redeemed pursuant to the optional redemption provisions of this Bond and not prc~iously credited to the
determined only by a book enuy at a securities depository for the Bonds, the particular Bonds to be called
for m~mdatory redemption shall be selected in accordance with the arrangements between the Issuer and
the securities depository.
THE BONDS shall be subject to extraordinary optional redemption by the Issuer, in whole or in
pan (provided that a portion ofthis Bond may be tedcemed only in an integral multiple of $5,000) at any
fim~ or f~om time to time at a redemption price equal to the princil~l amonnt the~}f plus accrued interest,
ff any, to (but excluding) the redemi, fion date, without premium, ffthe Issuer has delivered to the City an
opinion of a luw firm selected by the Issuer with nationally reco~ i~ed standing with respect to section 103
ofthe Internal Revenue Code of 1986, as amended (the "Code"), addressed to the Issuer and the City
substantially W the effect that (i) a failure ~o redeem Bonds (or ~e relevant portion thereof) may adversely
affect the exclusion of interest on the Bonds from the gross income of the holders under section 103 of the
Code and (ii) redemption of the Bonds inthe araount se~ forth in the opinion (but inno smaller amount than
set for& in such opinion) would permit the continuance of any exclusion so afforded under section 103 of
the Code.
AT LEAST 30 days piior to the date fhxed for rcdemptio~ written notice of such redemption shall
be given by the Paying Agent/Registrar by United States mail, fn~t class postage pr~pni~ to the regist~d
owner of each Bond to be redeemed at its add.ss as it appeared on the books of the Payin~
AS~'~"~ism on the forty-filth day prior ~o tl~ dale fixed for ~lemption. The failure ~o ~eceive such
effecfivene~.s of ~ ~ for lhe redemption of Bonds. By the date fixed for any such ~empfion,
due provision shall be ~__. with the Paying Agent/Re~h~ ix the paymem of the requiled redeu~ilon
price for the Bonds which are ~o be so redeemed, plus accrued info,rest thereon to the dine fixed for
reck~o~ Ifs~ch n~ice of ~iemlxion is/iven and ifd~e ~,,Msion ibr such payment is m,ae, all as
provided above, the Bonds which are ~o be so redeemed thereby automatically shall be lreated as
to receive te redemplion price plus accrued interest from ~he Payi~ ^~'nt/Re~i~ut, out of the tmds
ALL BONDS OF THIS SERIES are issuable solely as fully registered Bonds, wilhout interest
coutxms, in the denominmion of any integral mukiple of $5,000. A.s provided in the Resolmion, this Bond,
or any unredeemed portion hereof, may, ~ the request of the registered owner or the assignee or assignees
helot; be assigned, transi'~,~t and exchaaged for a like aggregate principal amount of fully ~-giste~ed
Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as
~ case may be, having ~ same denomination or denominations in any integral multiple of $5,000 as
~eque~ted in writing by the appwpdate registered owner, assignee or assignees, as the case may be, upon
lXocedu~ set fro'th in the Resolution. Among other ~'quh~me~s for such assi~lment and ~.~a~fer, this
of assig~men~ in form and with ~ of sil~amr~ satisfac~ to the Payi~
suchporfion or portions hereof is or are lo be Iransf~d and rel~stered. The form of Assi~m~me~t
or eado~d on tiffs Bond shall be executed by ~he ~gista-ed owner or ~ duly authorized aV. omey or
representative to evidence lhe assi~m~ment hereof. The Issuea- shall pay the Paying AgenffReg~s
standard or customary fees aad cha.,ges for making such transfer, but the one r~esfing such ~f~ s~
pay any rexes or other governmental charges required to be paid wiih respect lhe~eto. The Paying
Agent/Regis~ shall not be required to make Irans~s of registralion of this Bond or any portion hereof
(l') dming the period coinmencing with the close of business on any Record Date lind ending with the
opening of business on the next ~llowing pd,~-ipal or interest payment date, or, (ii) with respect to any
date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying
~ as the absolute owner hereof for all purposes, inchding payment and discharge of liability
upon ~ Bond to the extent of such payment, and the Issuer and the Paying &gent~egisum shall not be
affected by aay n~ce to the conlmy.
a competent and l~gally qualified substitute therefor, and promlxly will cause written noti~ tl,emof to be
mailed to the registered owners of the Bonds.
BY BECOMING tho rogi~-~d owaor of this Bond, tho rogiste~od owner thereby acknowledges
all of the terms sad p~odsions of the Resolution, ~grees to be bound by such tenm and provisions,
acknowled~s th~, lhe P,~ol~on is duly recorded and avm'lable for inspection in lbo o~cial mlm~s and
records of the governing body of the Issuer, and agree~ that the terms and provisions of this Bond and the
Resolution constitute a contract between each registered owner hereof and the Issuer.
WHENEVER lhe bene~hi own~ship of this Bond is dei~mined by a book enlry at a securities
deposi~ry f~r the Bonds, the for~ing ~h,mms of holding, delivering or wansfenh,g uhis Bond sl~ll
be modified to require the a~p~opriate pet~n or entity to meet the n~quhvments of the securities depository
as to registering or tnmsf~.h~g the book entry to produce the same effect.
IT IS HEREBY cetlified, recited, and covenanted lhat this Bond lms been duly and validly
authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be
been performed, existed, and been done in accordance wi~h law; that this Bond is a special obligmion of
~he Issuer;, that neither the Sta~ of Texas, the City, nor any political corporation, subdivision, or ag~cy
of the State of Texas, nor any member of ~he Board of Directors of the Issuer, ei~er individually or
conectively, ~hall be obligated to pay the principal of or the interest on this Bond and neither the faith and
credit nor the taxing power (except as described b~low) of the State of Texas, the City, or any other
political co~poration, subdivim'on, or agency thereof is pledged to the payment of lhe v,'~-ipal of or tiao
~ on this Bond; that the ~,,h,cipd of and intert~t on this Bond, together with outstanding bonds ofthe
Issuer similarly secur~ are secunxiby and payable from a first lien on m~d pledge of certain funds created
under the Resolution and the revenues defined in the Resolution as hhe "Pledged Revenues", which include
flae proceeds of a one-eighth of one percent sales and use ~ax levied for the benefit of the Issuer ~ ~ C~
for the Arena project (the "Sales Tax") pumuant to Section 4A of the Act; and that the t~gistered owner
hereof shall not have the right to demand payment of the pfim;ipal of c~ interest on this Bond from any tax
proceeds other than the Sales Tax proceeds levied and collected for the benefit of the Issuer by the City
pursuant to Section 4A of the Act, or from any other source.
THE ISSUER has reserved the right, subject to restrictions stated and adopl~d by reference in the
Resolmion authorizing this Series of Bonds, to issue additional parity revenue bonds which also may be
made payable frcin aad secured by a lien on and pledge of the afc~said Pledged Revenues.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the ~ ofthe Board of Di~-tors of the Issuer and countersigned with the
marmal or facsimile signature of the Secre~ of the Board of Directors of the Issuer, and has caused the
official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond.
Secl~Yauy,
FORM OF REGISTRATION CERTIFICATE OF
THE COMPTROLLER OF PIJBLIC ACCOUNTS*:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
Attorney General ofthe State of Texas, and that this Bond has been registered by the Comptroller of pubic
Accounts of thc State of Texas.
Wimesa my signatu~ and seal this
(COIvlPTROLLER'S SEAL)
C(nnp~ller of Public Accoums
of the State of Texas
* To be printed only on the Bonds submil~ m the Office of Ihe Altomey Genet~ for approval.
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATF:
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompaaied by aa executed Registration C,m~cale of the
~ller of Public Acc, ou~s of the S~e of Texas)
It is hereby certified that this Bond has been issued trader the provisions of the Resolution descn~oed
on the face of this Bond; and that this Bond has been issued in exchange for or replaeemem of a ~
bonds, or a portion of a bond or bonds of an issue which originally was appioved by the Attorney General
of the State of Texas and ~egis~red by the Comptroller of Public Accounts of the State of Texas.
JPMorgan Chase Bank,
Paying Agent/Reg~u~
Authored Represelm~
FORM OF ASSIGNlvl~:
ASSIGNMENT
FOR VALUE RECEIVED, t~ unde~igncd registcr~ owner of this Bond, or duly authorized
~p~r&mtative or attorney thereof, hereby assigns this Bond to
/ /
(Assignee's Social Security (pfi~ or type Assignee's nmne
or Taxpayer Identification Number) and address, including zip code)
and hereby in'evoeably constitutes and appoims
attorney to transfer the ~h~on of this Bond on the Paying Agent/Registr~s Registration Books with
full power of substitution in the
Dated
Signature Guaranteed:
NOTICE: This si~a~u~ must be guammeed by a member ofthe New York Stock Exchange or
a cortimetcial bank or Irust compony.
NOTICE: This signature must correspond with the name of the Registered Owner appearing on
face of this Bond in every particular wilhout alteration or enlargemem or any change whatsoever.
A statement of insurance furnished by the Insurer (as defined in Section 30(d) hereof) with respect to the
municipal bond insmance policy issued for the Bonds may be v,i~ied on or affixed ~ &e ~&.
Exhibit B
to
Resolution
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 19 of th~s Resolution.
~nnual Financial Statements and Operating Data
The ~nancial information and operating a~t. wi~ ~ to the City to be provided annually in
accordance with such Seciiou are as specified (and included iu the Appendix or under the headings of the
Official Statemem ~fen~d to) below:
1. The infom3ation of the general type included in tables I through 4, inclusive.
2. Appendix D to the Official Statement~"Financiai Statements of the Corpus Christi
Business and Job Development Corporation".
Accounting Principles
The accounting principles ~eferred to in such Section are the accounting principles described in the
notes to the financial statements referred to in paragraph 2 above.
$47,540,000'
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
SALES TAX REVENUE REFUNDING AND IMPROVEMENT BONDS,
SERIES 2002 (ARENA PROJECT)
PURCHASE CONTRACT
October ,2002
Chairperson and Board of Directors
Corpus Christi Business and Job Development Corporation
1201 Leopard
Corpus Christi, Texas 78401
Ladies and Gentlemen:
The undersigned (the "Underwriters"), acting through the Authorized Representative
designated in Section l hereof (the "Authorized Representative"), offer to enter into the following
agreement (this "Purchase Contract") with the CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (the "Corporation") which, upon your acceptance of this offer,
will be binding upon you and upon the Underwriters.
The offer contained herein is made subject to your acceptance of this Purchase Contract on
or before 10:00 p.m., Corpus Christi, Texas time, on the date hereof and, if not so accepted, will be
subject to withdrawal by the Underwriters upon notice delivered to the Corporation by the
Underwriters at any time prior to the acceptance hereof by the Corporation.
1. Purchase and Sale of the Bonds. Upon the terms and conditions and upon the basis
of the respective representations, warranties, and covenants set forth herein, the Underwriters hereby
agree to purchase from the Corporation, and the Corporation hereby agrees to sell and deliver to the
Underwriters, all (but not less than all) of an aggregate of $47,540,000 original principal amount of
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION SALES TAX
REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2002 (ARENA PROJECT)
(the "Bonds"). The Bonds shall be dated October 15, 2002 and shall have the stated maturities, be
offered at the prices, and bear interest at the rates per annum all as set forth in the Official Statement
(hereinafter defined), h~terest on the Bonds will be payable initially on March 1, 2003 and on each
September 1 and March 1 thereafter. In addition, the authorization for the City Manager to obtain
a municipal bond insurance policy for the Bonds and a surety bond policy for the Reserve Fm~d for
*Preliminary, subject to change
#45232900vl
the Bonds is further described in Schedule I attached hereto. As provided in the Bond Resolution
(hereafter defined), the City Manager has been authorized by the Board of Directors of the
Corporation to execute this Purchase Contract based upon the information contained in Schedule 1
hereto. The purchase price for the Bonds is $ (representing an aggregate principal
amount of $ of Bonds, plus a net original issue premium of $ , less the
Underwriters' discount ors ), and no accrued interest. On behalf of the Corporation, the
Underwriters shall also transfer, via federal funds wire, on the date of the Closing the amount of
$ to the Insurer (hereinafter defined) as the insurance premiums for the bond insurance
policy and the surety bond policy, if any. This amount shall reduce the purchase price for the Bonds
and is being transferred to the Insurer by the Authorized Representative on the date of the Closing
(hereafter defined) as an accommodation to the Corporation.
The Bonds are to be issued pursuant to the provisions of Texas Revised Civil Statutes
Annotated Article 5190.6, as amended (the "Act"), specifically Section 4A of the Act, and are
secured under the provisions of a resolution dated October 7, 2002 authorizing their issuance and
sale (the "BondResolution") adopted by the Board of Directors of the Corporation (the "Board") on
the date hereof. The Bonds are to bear interest, be subject to redemption, and be payable as
provided in the Bond Resolution, all as described in the Official Statement referred to below.
Capitalized terms not defined herein shall have the meanings assigned in the Bond Resolution.
A portion of the proceeds received by the Corporation from the sale of the Bonds pursuant
hereto and certain other funds of the Corporation, if any, shall be utilized to redeem the Refunded
Notes (as defined in the Official Statement).
The Corporation and the City Council of the City of Corpus Christi, Texas (the "City") have
entered into a Sales Tax Remittance Agreement (the "FinancingAgreement") relating to the transfer
of the Sales Tax from the City to the Corporation and a Project Agreement (the "Project
Agreement ") relating to the construction and transfer of the Project from the Corporation to the City.
RBC Dain Rauscher Inc. represents that it has been duly authorized to execute this Purchase
Contract and has been duly authorized to act hereunder as the Authorized Representative. All
actions which may be taken hereunder by the Underwriters may be taken by the Authorized
Representative alone. In as much as this purchase and sale represents a negotiated transaction, the
Corporation understands, and hereby confirms, that the Underwriters are not acting as a fiduciary
of the Corporation, but rather are acting solely in their individual capacities as an underwriter for
their own accounts.
2. Public Offering. The Underwriters agree to make a bona fide public offering of all
of the Bonds at a price not to exceed the public offering price set forth on the cover of the Official
Statement and may subsequently change such offering price without any requirement of prior notice.
The Underwriters agree, for the purpose of enabling the Corporation to comply with its obligations
set forth in Section 5(1) of this Purchase Contract, to inform the Corporation of the date of expiration
of the initial offering period for the Bonds. The Underwriters may offer and sell Bonds to certain
#45232900vl -2-
dealers (including dealers depositing Bonds into investment trusts) and others at prices lower than
the public offering price (or yields higher than the public offering yields) stated on the cover of the
Official Statement. On or before Closing, the Authorized Representative shall execute the Issue Price
Certificate attached hereto as Exhibit A verifying the initial offering prices to the public at which a
substantial amount of each stated maturity of the Bonds was sold to the public.
3. Official Statement. The Bonds are described in the final Official Statement dated
the date hereof, a substantially final version of which is attached hereto as Exhibit B. Such final
Official Statement, together with the Appendices thereto, as further amended or supplemented only
in the manner hereinafter provided, is herein referred to as the "Official Statement".
The Corporation hereby authorizes and approves the distribution and use by the
Underwriters of the Official Statement in connection with the offering and sale of the Bonds. In
addition, the Corporation hereby ratifies and approves the distribution of the Preliminary Official
Statement dated October 17, 2002 relating to the Bonds (the "Preliminary Official Statement") and
its use by the Underwriters prior to the date hereof in connection with the offering and sale of the
Bonds. The Corporation shall within seven days of the date hereof(exclusive of Saturdays, Sundays,
and legal holidays) provide additional printed copies of the Official Statement in such form and
number as the Underwriters may request in order to enable the Underwriters to comply with their
obligations set forth in 17 C.F.R. Section 240.15c2-12 ("Rule 15c2-12"). In the event that the
number of additional copies of the Official Statement supplied to the Underwriters pursuant to the
immediately preceding sentence shall prove to be insufficient to enable the Underwriters to comply
with their obligations under paragraph (b) of Rule 15c2-12, the Corporation agrees to make available
from time to time such additional printed or photostatic copies of the Official Statement as may be
required to enable the Underwriters to comply with their obligations under Rule 15c2-12, but at the
expense of the Underwriters. Lastly, the Board hereby ratifies and approves the execution by the
Chairperson of the Board of a Rule 15c2-12 Certificate pertaining to the distribution of the
Preliminary Official Statement.
4. Security Deposit. Delivered to the Corporation herewith is a corporate check of the
Authorized Representative payable to the order of the Corporation in the amount of $475,000. The
Corporation agrees to hold such check uncashed until the Closing to ensure the performance by the
Underwriters of their obligations to purchase, accept delivery of, and pay for the Bonds at the
Closing. Concurrently with the payment by the Underwriters of the purchase price of the Bonds at
the Closing, the Corporation shall return such check to the Authorized Representative. Should the
Corporation fail to deliver the Bonds at the Closing, or should the Corporation be unable to satisfy
the conditions of the obligations of the Underwriters to purchase, accept delivery of, and pay for the
Bonds, as set forth in this Purchase Contract (unless waived by the Authorized Representative), or
should such obligations of the Underwriters be terminated for any reason permitted by this Purchase
Contract, such check shall inunediately be returned to the Authorized Representative. In the event
the Underwriters fail (other than for a reason permitted hereunder) to purchase, accept delivery of,
and pay for the Bonds at the Closing as herein provided, such check shall be retained by the
Corporation as and for full liquidated damages for such failure of the Underwriters and for any
defaults hereunder on the part of the Underwriters. Acceptance of such check by the Corporation
~45232900vl -3-
shall constitute a full release and discharge of all claims and damages for such failure and for any
and all such defaults, and neither the Corporation nor any other person shall have any further action
for damages, specific performance, or any other legal or equitable relief against the Underwriters.
The Underwriters and the Corporation understand that in such event the Corporation's actual
damages may be greater or may be less than such amount. Accordingly, the Underwriters hereby
waive any right to claim that the Corporation's actual damages are less than such amount, and the
Corporation's acceptance of this offer shall constitute a waiver of any right the Corporation may have
to additional damages from the Underwriters. The Authorized Representative hereby agrees not to
stop or cause payment on said check to be stopped unless the Corporation has breached any of the
terms of this Purchase Contract.
5. Representations and Warranties. The Corporation hereby represents and warrants
to the Underwriters as follows:
(a) The Corporation is a nonprofit industrial development corporation of the
State of Texas created by the City of Corpus Christi, Texas pursuant to Section 4A of the
Act, and is duly created, organized and existing in good standing under the laws of the State
of Texas and the Act.
(b) The Corporation has the power and is authorized under the laws of the State
of Texas, including particularly the Act, to (i) issue the Bonds for the purpose for which
they are to be issued, and (ii) enter into and perform this Purchase Contract, the Project
Agreement, and the Financing Agreement.
(c) The Corporation has the requisite right, power, and authority (i) to adopt the
Bond Resolution authorizing the issuance of the Bonds and the execution and delivery of
this Purchase Contract, the Project Agreement, and the Financing Agreement, (ii) to
execute, deliver, and perform its obligations under this Purchase Contract, the Project
Agreement, and the Financing Agreement, and (iii) to consummate the transactions
described in such instruments and in the Official Statement, and the Corporation has
complied with all provisions of applicable law in all matters relating to such transactions.
(d) The information contained in the Preliminary Official Statement is as of the
date hereof, and the information contained in the Official Statement as of the date of
Closing, will be correct in all material respects, and such information does not contain and
will not contain any untrue statement of a material fact and does not omit and will not omit
to state a material fact required to be stated therein or necessary to make the statements in
the Preliminary Official Statement, as of the date hereof, or in the Official Statement, as of
the date of Closing, in light of the circumstances under which they were made, not
misleading.
(e) The Corporation has duly authorized all necessary action to be taken by it
for (i) the issuance and sale of the Bonds upon the terms set forth herein and in the Official
#45232900vl
Statement; (ii) the approval of the Official Statement and the signing of the Official
Statement by a duly authorized officer(s); and (iii) the execution, delivery, and receipt of
this Purchase Contract, the Bonds, the Project Agreement, the Financing Agreement, and
any and all such other agreements and documents as may be required to be executed,
delivered, and received by the Corporation in order to carry out, give effect to, and
consummate the transactions described herein and in the Bonds, the Official Statement, the
Project Agreement, and the Financing Agreement.
(f) The Bond Resolution is and, on the date of the Closing, will be in full force
and, on the date of Closing, the Financing Agreement and the Project Agreement will have
been duly executed and delivered by the Corporation. The Bond Resolution is and, on the
date of the Closing, will be the legal and valid act of the Corporation, and, assuming the
due authorization, execution, and delivery of such instruments by the other parties thereto
and their authority to perform such instruments, this Purchase Contract, the Project
Agreement, and the Financing Agreement are, and, on the date of the Closing will be, the
legal, valid, and binding agreements on behalf of the parties thereto, enforceable (assuming
the due authorization and execution by the other parties to such documents) in accordance
with their respective terms (except to the extent that such enforceability may be li~nited by
bankruptcy, insolvency, reorganization, and similar laws affecting creditors' rights
generally and general principles of equity).
(g) The Bonds, when issued, delivered, and paid for as herein provided, will
have been duly authorized, executed, and issued and will constitute legal, valid, and binding
obligations of the Corporation entitled to the benefits of the Bond Resolution.
(h) Except as otherwise disclosed in the Official Statement, there is no action,
suit, proceeding, inquiry, or investigation at law or in equity or before or by any
commission, public board, or body pending against the Corporation or, to the knowledge
of the Corporation, threatened against or affecting the Corporation (or, to the knowledge
of the Corporation, any basis therefor) contesting the due organization and valid corporate
existence of the Corporation or wherein an unfavorable decision, ruling, or finding would
adversely affect (i) the transactions described herein or in the Official Statement relating
to the issuance of the Bonds by the Corporation, (ii) the validity or due adoption of the
Bond Resolution, or the validity, due authorization, and execution of the Bonds, this
Purchase Contract, the Project Agreement, the Financing Agreement, or any agreement or
instrument to which the Corporation is a party and which is to be used in the consummation
of the transactions described herein or in the Official Statement, (iii) the collection or
application of the Sales Tax pledged to pay the principal of and interest on the Bonds, or
(iv) the federal tax-exempt status of the interest on the Bonds. Except as described in the
Official Statement, the Corporation is not a party to any litigation or other proceeding
pending or, to its knowledge, threatened, in any commission, agency, or other
administrative body (either state or federal) which, if decided adversely to the Corporation,
would have a materially adverse effect on the financial condition of the Corporation.
#45232900vl -5-
(i) The authorization, execution, and delivery by the Corporation of the Official
Statement, this Purchase Contract, the Bonds, the Project Agreement, the Financing
Agreement, and the other documents described herein and in the Official Statement, the
adoption of the Bond Resolution by the Corporation, the consummation of the transactions
described herein and therein, and compliance by the Corporation with the provisions of
such instruments, do not and will not conflict with or constitute on the part of the
Corporation a breach of or a default under any provision of the Constitution of the State of
Texas or the Act or any other existing law, commission or administrative decision,
regulation, decree, or order or any agreement, indenture, mortgage, lease, or other
instrument by which the Corporation or its properties are or, on the date of Closing, will
be bound or affected.
(j) Other than the opinion of the Attorney General of the State of Texas
approving the Bonds as required by law and the registration of the Bonds by the
Comptroller of Public Accounts of the State of Texas (which approvals and registration
shall have been duly obtained or effected on or before the date of the Closing), and other
than such permits, consents, licenses, notices, and filings, if any, as may be required under
the securities or blue sky laws of any jurisdiction as requested by the Underwriters (all of
which, subject to Section 11 (c) hereof, shall have been duly made or obtained on or before
the date of the Closing), no permit, consent, license, notice, or filing with governmental
authorities is necessary or required (i) to permit the Corporation to execute and deliver this
Purchase Contract, the Financing Agreement, or the other instruments and documents
described herein or therein, to perform its obligations hereunder and thereunder, or to
consummate the transactions described herein or therein, or (ii) to issue and deliver the
Bonds as described herein and in the Official Statement, or to perform in accordance with
the terms hereof and thereof, or (iii) to adopt and enact the Bond Resolution, or to perform
in accordance with the terms thereof, or to issue and sell the Bonds as therein and in the
Official Statement provided.
(k) The financial statements of the Corporation included in Appendix C to the
Official Statement present fairly the financial position and the results of operations of the
Corporation at the respective dates and for the respective periods indicated therein, in
conformity with generally accepted account principles applied on a consistent basis
throughout the periods presented.
(1) If, after the date of this Purchase Contract to and including the date the
Underwriters are no longer required to provide an Official Statement to potential customers
who request the same pursuant to the Rule 15c2-12 (the earlier of (i) 90 days from the end
of the underwriting period (as defined in Rule 15c2-12) and (ii) the ti~ne when the Official
Statement is available to any person from a nationally recognized municipal securities
repository, but in no case less than 25 days after the end of the underwriting period for the
Bonds), the Corporation becomes aware of any fact or event which might or would cause
the Official Statement, as then supplemented or amended, to contain any untrue statement
of a material fact or to omit to state a material fact required to be stated therein or necessary
#45232900vl -6-
to make the statements therein, not misleading, or if it is necessary to amend or supplement
the Official Statement to comply with law, the Corporation will notify the Authorized
Representative (and for the purposes of this clause provide the Authorized Representative
with such information as it may froin time to time request), and if, in the reasonable opinion
of the Authorized Representative, such fact or event requires preparation and publication
of a supplement or amendment to the Official Statement, the Corporation will forthwith
prepare and furnish, at the Corporation's own expense (in a form and manner approved by
the Authorized Representative), a reasonable number of copies of either amendments or
supplements to the Official Statement so that the statements in the Official Statement as so
amended and supplemented will not, contain anyuntrue statement ora material fact or omit
to state a material fact required to be stated therein or necessary to make the statements
therein not misleading or so that the Official Statement will comply with law. If such
notification shall be subsequent to the Closing, the Corporation shall furnish such legal
opinions, certificates, instruments and other documents as the Authorized Representative
may deem necessary to evidence the troth and accuracy of such supplement or amendment
to the Official Statement.
(m) Between the date of this Purchase Contract and the date of the Closing the
Corporation shall disclose to, discuss with, and provide any information reasonably
requested by the Underwriters in cormection with any breach, default, or failure to comply,
of whatever nature and of which the Corporation has knowledge, regarding any law, loan
agree~nent, indenture, or other agreement to which the Corporation is a party or to which
the Corporation or any of the property or assets of the Corporation is otherwise subject.
(n) The Corporation has not been notified of any listing or proposed listing by
the Internal Revenue Service to the effect that the Corporation is a bond issuer whose
arbitrage certificates may not be relied upon.
(o) To the best of the knowledge and belief of the Corporation, the Preliminary
Official Statement contains information, including financial information on operating data,
concerning every entity, enterprise, fund, account, orperson that is material to an evaluation
of the offering of the Bonds; and the Corporation has entered into previous continuing
disclosure undertakings (the "Undertaking") in a written contract or agreement specified
in Rule 15c2-12 (b)(5)(i) and has not failed to comply with any such Undertaking in any
material respect.
(p) The Bonds conform to the descriptions thereof contained in the Official
Statement under the caption "THE BONDS"; the Bond Resolution conforms to the
description thereof contained in the Official Statement under the caption "THE BONDS";
the proceeds of the sale of the Bonds will be applied generally as described in the Official
Statement under the caption "SOURCES AND USES OF FUNDS" and the Undertaking
conforms to the description thereof contained in the Official Statement under the caption
"CONTINUING DISCLOSURE OF INFORMATION."
#45232900vl -7-
(q) Between the date of this Purchase Contract and the Closing, the Corporation
will not, without the prior written consent of the Underwriters, issue any additional bonds,
notes or other obligations for borrowed money payable in whole or in part from the
revenues of the Corporation's Sales Tax levied by the City and transferred to the
Corporation pursuant to the Act, nor will there be any adverse change of a material nature
in the financial position of the Corporation.
(r) The Corporation will apply, or cause to be applied, the proceeds from the
sale of the Bonds as provided in and subject to all of the terms and provisions of the Bond
Resolution and not to take or omit to take any action which action or omission will
adversely affect the exclusion from gross income for federal income tax purposes of the
interest on the Bonds.
(s) Any certificate, signed by any official of the Corporation authorized to do
so in connection with the transactions contemplated by this Purchase Contract, shall be
deemed a representation and warranty by the Corporation to the Underwriters as to the
statements made therein.
(t) Between the date of this Purchase Contract and the date of the Closing the
Corporation shall disclose to, discuss with, and provide any information reasonably
requested by the Underwriters in connection with any breach, default, or failure to comply,
of whatever nature and of which the Corporation has knowledge, regarding any law, loan
agreement, indenture, or other agreement to which the Corporation is a party or to which
the Corporation or any of the property or assets of the Corporation is otherwise subject.
6. Representations and Covenants. The Authorized Representative hereby agrees to
file the Official Statement with a nationally recognized municipal securities information repository.
Unless otherwise notified in writing by the Authorized Representative, the Corporation can assume
that the end of the underwriting period for purposes of the Rule 15c2-12 is the date of the Closing.
7. Delivery of, and Payment for, the Bonds. The consummation of the sale of the
Bonds to the Underwriters (the "Closing") shall be held at such location or locations as may be
mutually agreed upon by the Corporation and the Underwriters. The Closing shall be held at the
offices of McCall, Parkhurst & Horton L.L.P., 717 North Harwood, Suite 900, Dallas, Texas 75201
at 9:00 a.m., Dallas, Texas time, on November 21, 2002, or at such other time or date as shall be
mutually agreed upon by the Corporation and the Authorized Representative.
Subject to the conditions stated herein, at the Closing, the Corporation will deliver, or cause
to be delivered, to the Underwriters the Bonds (being one initial Bond per maturity) in temporary
form, duly executed and registered as hereinafter provided, together with the other documents
hereinafter mentioned, and tfie Underwriters will accept such delivery and pay the purchase price of
the Bonds as set forth in Section I hereof in immediately available funds by check or wire transfer
to or for the account of the Corporation. It is anticipated that the definitive Bonds shall be issued
in the form of one typewritten or printed bond for each maturity, registered in the name of
#45232900vl -8-
Cede & Co., as the registered owner and nominee for The Depository Trust Company, New York,
New York ("DTC") in the same aggregate principal amount of the Bonds. Delivery of the Definitive
Bonds as aforesaid shall be made at the place in New York, New York, designated by DTC. The
Corporation will have the opinion of Bond Counsel attached to or printed on the Bonds. The
definitive Bonds shall be in fully registered form, bear proper CUSIP numbers, and be in authorized
denominations and registered in such names and in such amounts as the Underwriters may request.
The definitive Bonds shall be made available to the Underwriters for checking and packaging not
less than two full business days prior to the Closing. In lieu of the foregoing, such Bonds shall be
held in safe custody by the paying agent/registrar or any authorized agent for the paying
agent/registrar. The paying agent/registrar shall release or authorize the release of such Bonds at the
Closing from safe custody to the Underwriters upon receipt by the Corporation of payment for the
Bonds as provided herein.
In addition, the Corporation and the Underwriters agree that there shall be a preliminary
Closing held at such place as the Corporation and the Authorized Representative shall mutually
agree, commencing at least 24 hours prior to the Closing; provided, however, in lieu of this
preliminary closing Bond Counsel may provide the counsel to the Underwriters with a complete
Transcript of Proceedings on the business day preceding the Closing. Drafts of all documents to be
delivered at the Closing shall be prepared and distributed to the parties and their counsel for review
at least three business days prior to the Closing.
8. Certain Conditions to Underwriters' Obligations. The obligations of the
Underwriters hereunder are subject to the satisfaction on or before the date of the Closing of each
of the following conditions (unless waived by the Underwriters in writing):
(a) The representations and warranties of the Corporation contained herein or
on any certificate or other document delivered pursuant to the provisions hereof shall be
tree on and as of the date of the Closing as though such representations and warranties were
made on and as of the date of the Closing.
(b) The Corporation shall have performed and complied with all agreements and
conditions required by this Purchase Contract to be performed or complied with by it prior
to or on the date of the Closing.
(c) At the time of the Closing, the Bond Resolution shall be in full force and
effect, and the Bond Resolution shall not have been amended, modified, or supplemented,
and the Official Statement shall not have been amended, modified, or supplemented, except
as may have been agreed to in writing by the Underwriters.
(d) At the time of the Closing, all official action of the Corporation related to
the Bond Resolution shall be in full force and effect and shall not have been amended,
modified, or supplemented.
#45232900vl -9-
(e) The Corporation shall not have failed to pay principal or interest when due
on any of its outstanding obligations for borrowed money.
(f) Except as described in the Official Statement, no suit, action, investigation,
or legal or administrative proceeding shall be threatened or pending before any commission
or governmental agency which is likely to result in the restraint, prohibition, or the
obtaining of damages or other relief in connection with the issuance of the Bonds or the
consummation of the transactions described herein, or which, in the opinion of the
Underwriters, would have a materially adverse effect on the transactions described herein.
(g) All steps to be taken and all instruments and other documents to be
executed, and all other legal matters in connection with the transactions described in this
Purchase Contract shall be reasonably satisfactory in legal form and effect to counsel for
the Underwriters.
(h) At or prior to the Closing, the Underwriters shall have received two (2)
executed copies of each of the following documents:
(1) the opinion, dated the date of the Closing, of McCall, Parkhurst &
Horton L.L.P., Dallas, Texas as bond counsel ("BondCounsel"), in substantiallythe
form attached in the Official Statement as Appendix D relating to the Bonds;
(2) the supplemental opinion of Bond Counsel in substantially the form
attached hereto as Exhibit C;
(3) an opinion, dated the date of the Closing, of Fulbright & Jaworski
L.L.P., San Antonio, Texas, counsel for the Underwriters, in substantially the form
of Exhibit D hereto;
(4) an opinion, dated the date of the Closing, of the City Attorneyin the
substantially form attached hereto as Exhibit E hereto;
(5) an opinion, dated the date of the Closing, dated the date of Closing,
of the general counsel to (the "Insurer") addressed
to the Underwriters, Bond Counsel, counsel to the Underwriters, the financial
advisors to the Corporation, and the Corporation in a form satisfactory to Bond
Counsel and counsel to the Underwriters;
(6) a certificate of the Corporation, dated the date of the Closing and
signed on its behalf by the Chairperson of the Board, acting solely in his official
capacity, in form satisfactory to Bond Counsel and counsel to the Underwriters, to
the effect that (a) the representations and warranties of the Corporation herein, or
in any certificate or document delivered by the Corporation pursuant to the
provisions hereof, are true and correct in all material respects on and as of the date
#45232900vl -10-
of the Closing as though such representations and warranties were made on and as
of the date of the Closing, (b) all agreements or conditions to be performed or
complied with by the Corporation hereunder to effect the delivery of the Bonds on
or prior to the date of the Closing have been performed or complied with, and
(c) there has not been any materially adverse change in the financial condition of
the Corporation since July 31,2001;
(7) the Official Statement executed on behalf of the Corporation by the
Chairperson and the Secretary by manual or facsimile signatures;
(8) a copy of the Bond Resolution and all other orders, ordinances, or
resolutions or other proceedings of the Corporation authorizing the issuance and
sale of the Bonds and the execution and delivery of this Purchase Contract, the
Official Statement, the Project Agreement, and the Financing Agreement in each
case certified by the Secretary of the Board, as having been duly adopted and being
in full force and effect and as being tree, accurate, and complete copies thereof;
(9) the unqualified opinion, dated on or prior to the date of the Closing,
of the Attorney General of the State of Texas (the "Attorney General"), relating to
the legality and validity of the Bonds, the defeasance of the Refunded Notes, and
approving the Bonds as required by law;
(10) evidence satisfactory to the Underwriters that the Bonds have been
registered by the Comptroller of Public Accounts of the State of Texas as required
by law;
(11) a letter from Moody's Investors Service, Inc., Standard & Poor's
Ratings Group, and Fitch Ratings indicating a rating for the Bonds which is not
lower than "Aaa", "AAA" or "AAA", respectively, based upon the issuance of the
bond insurance policy by the Insurer;
(12) a certificate, dated the date of the Closing, executed by the
Chairperson of the Board, acting solely in his official capacity, to the effect that
(i) except to the extent disclosed in the Official Statement, no litigation to which the
Corporation is a party is now pending before any federal or state court, or
administrative body, or to his knowledge threatened, that seeks to restrain or enjoin
the issuance or delivery of the Bonds or questioning the issuance or sale of the
Bonds, or the authority or action of the governing body of the Corporation relating
to the issuance or sale of the Bonds, or the levy, collection, or application of the
Sales Tax pledged to pay the principal of and interest on the Bonds, or the pledge
thereof, or that would otherwise adversely affect in a material manner the financial
#45232900v} -1 1-
condition of the Corporation to pay the principal of and interest on the Bonds; and
neither the corporate existence or boundaries of the Corporation nor the right to
hold office of any member of the governing body of the Corporation or any other
elected or appointed official of the Corporation is being contested or otherwise
questioned, or in any way contesting or affecting the validity of the Bonds, the
Bond Resolution, the Financing Agreement, the Project Agreement, or this
Purchase Contract, or contesting the powers of the Corporation to issue the Bonds,
or contesting authorization of the Bonds, or the Bond Resolution, or contesting in
any way the accuracy, completeness, or fairness of the Preliminary Official
Statement (to the extent not modified by the Official Statement) or the Official
Statement; and (ii) to the best of such person's knowledge, no event affecting the
Corporation has occurred since the date of the Official Statement which should be
disclosed therein for the purpose for which it is to be used or which it is necessary
to be disclosed therein in order to make the statements and information therein not
misleading in any respect;
(13) a certificate of the Corporation, dated the date of the Closing, and
signed by an authorized representative of the Corporation in the form approved by
Bond Counsel and satisfactory to the Authorized Representative and Underwriters'
counsel, with respect to arbitrage matters relating to the Bonds;
(14) a policy of bond insurance from the Insurer, which unconditionally
and irrevocably guarantees the full, complete, and timely payment of an amount
equal to the principal of and interest on the Bonds and a surety bond policy relating
to the Reserve Fund, along with the customary closing certificates executed by the
Insurer;
(15) copies of the election proceedings from the November 7, 2000
election authorizing the imposition of the Sales Tax and evidence of preclearance
of this election by the United States Department of Justice;
(16) a certificate from the authorized representative of the City relating
to certain matters with respect to the City, the Sales Tax, the Financing Agreement,
the Project Agreement, the City's Resolution (hereinafter defined) and the issuance
of the Bonds;
(17) the certificate of existence and a good standing certificate dated
within thirty days of the closing relating to the Corporation;
(18) the resolution adopted by the City Council of the City on October__,
2002 (the "City's Resolution") approving the Financing Agreement, the Project
Agreement, and the issuance of the Bonds; and
#45232900vl -12-
(19) Evidence satisfactory to the Authorized Representative that the
Refunded Notes are no longer outstanding and had been paid in full.
(i) The Underwriters shall receive such additional legal opinions, certificates,
proceedings, instruments, and other documents as counsel to the Underwriters or Bond
Counsel may reasonably request to evidence compliance hy the Corporation with legal
requirements, the truth and accuracy, as of the time of Closing, of the representations and
warranties of the Corporation contained herein, and the due performance or satisfaction by
the Corporation at or prior to such time of all agreements then to be performed and all
conditions then to be satisfied by the Corporation.
The Corporation shall have returned the corporate check of the Authorized
Representative delivered to the Corporation pursuant to Section 4 hereof.
(k) The Underwriters shall receive such additional legal opinions, certificates,
proceedings, instruments, and other documents as counsel to the Underwriters or Bond
Counsel may reasonably request to evidence compliance by the Corporation with legal
requirements, the truth and accuracy, as of the time of Closing, of the representations and
warranties of the Corporation contained herein.
All such opinions, certificates, letters, agreements, and documents will be in compliance
with the provisions hereof only if they are satisfactory in form and substance to the Underwriters and
their counsel and to Bond Counsel. The Underwriters shall he entitled to receive such conformed
copies or photocopies of such opinions, certificates, letters, agreements, and documents as the
Underwriters may reasonably request.
9. Conditions to Obligations of the Corporation. 3~he obligations of the Corporation
hereunder to deliver the Bonds shall be subject to receipt on or before the date of the Closing of the
purchase price set forth in Section 1 hereof, the opinion of Bond Counsel described in Section
8(h)(1) hereof, and the opinion of the Attorney General of Texas described in Section 8(h)(9) hereof.
10. Termination. The Underwriters shall have the right to cancel their obligation to
purchase the Bonds if, between the date hereof and the Closing, (i) legislation shall be enacted or
recommended to the Congress for passage by the President of the United States, or favorably
reported for passage to either House of the Congress by any conunittee of such House to which such
legislation has been referred for consideration, a decision by a Commission of the United States or
the United States Tax Commission shall be rendered, or a ruling, regulation, or statement by or on
behalf of the Treasury Department of the United States, the h~ternal Revenue Service, or other
governmental agency shall be made or proposed, the effect of any or all of which would be to impose
directly or indirectly federal income taxation upon interest received on obligations of the general
character of the Bonds or upon income of the general character to be derived by the Corporation in
such a manner as, in the reasonable opinion of the Underwriters, would materially adversely affect
the market price of the Bonds, or the market price generally of obligations of the general character
of the Bonds, or (ii) there shall exist any event which, in the reasonable judgment of the
#45232900vl q3-
Underwriters, either (a) makes untrue or incorrect in any material and adverse respect any statement
or information contained in the Official Statement or (b) is not reflected in the Official Statement
but should be reflected therein in order to make the statements and information contained therein not
misleading in any material respect, or (iii) there shall have occurred any national or international
calamity or crisis, including, without limitation, financial crisis, or a financial crisis or a default with
respect to the debt obligations of, or the institution of proceedings under the federal or the state
bankruptcy laws by or against the State of Texas or any political subdivision, agency, or
instrumentality of the State of Texas, the effect of which on the financial markets of the United
States being such as, in the reasonable judgment of the Underwriters, would make it impracticable
for the Underwriters to market the Bonds or to enforce contracts for the sale of the Bonds, or (iv)
there shall have occurred any (a) new material outbreak of hostilities (including, without limitation,
an act of terrorism) or (b) new material other national or international calamity or crisis, or any
material adverse change in the financial, political or economic conditions affecting the United States,
including, but not limited to, an escalation of hostilities that existed prior to the date hereof and the
effect of any such event on the financial markets of the United States, shall be such as would make
it impracticable, in the reasonable judgment of the Underwriters, for the Underwriters to sell the
Bonds on the terms and in the manner contemplated by the Official Statement; or (v) there shall be
in force a general suspension of trading on the New York Stock Exchange, or (vi) a general banking
moratorium shall have been declared by either federal, Texas, or New York authorities, or (vii) there
shall have occurred any materially adverse change in the affairs or financial condition of the
Corporation, except for changes which the Official Statement discloses have occurred or may occur,
or (viii) legislation shall be enacted or any action shall be taken by the Securities and Exchange
Commission which, in the written opinion of counsel for the Underwriters delivered to the
Underwriters and the Corporation, has the effect of requiring the contemplated distribution of the
Bonds to be registered under the Securities Act of 1933, as amended, or requiring the Bonds or the
Bond Resolution or any other document relating to the Bonds or transactions described herein to be
qualified under the Trust Indenture Act of 1939, as amended, or (ix) a stop order, ruling, regulation,
or official statement by or on behalf of the Securities and Exchange Commission shall be issued or
made to the effect that the issuance, offering, or sale of the Bonds, or of obligations of the general
character of the Bonds, is in violation of any provision of the Securities Act of 1933, as amended,
the Securities Exchange Act of 1934, as amended, or the Trust Indenture Act of 1939, as amended,
or (x) any state blue sky or securities commission or other governmental agency or body in a state
in which Bonds shall have been sold shall have withheld registration, exemption, or clearance of the
offering of the Bonds as described herein, or issued a stop order or similar ruling relating thereto,
and in the reasonable judgment of the Underwriters, the market for the Bonds would be materially
affected thereby, or (xi) the Constitution of the State of Texas shall be amended, or an amendment
shall be proposed, or legislation shall be enacted, or a decision shall have been rendered as to matters
of Texas law, or any order, ruling, or regulation shall have been rendered as to or on behalf of the
State of Texas by an official, agency, or department thereof, affecting the tax status of the
Corporation, its property or income, its bonds (including the Bonds), or the interest thereon, which
in the reasonable judgment of the Underwriters would materially affect the market price of the
Bonds.
#45232900vl -14-
If the Corporation shall be unable to satisfy the conditions to the obligations of the
Underwriters to purchase, to accept delivery of, and to pay for the Bonds contained in this Purchase
Contract, or if the obligations of the Underwriters to purchase, to accept delivery of, and to pay for
the Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase
Contract shall terminate and be of no further force or effect, and neither the Underwriters nor the
Corporation shall be under further obligation hereunder, except that the respective obligations of the
Corporation and the Underwriters set forth in Sections 12, 13, 14, 15, and 17 hereof shall continue
in full fome and effect. In addition, the Corporation shall promptly return the corporate check of the
Authorized Representative delivered to the Corporation pursuant to Section 4 hereof.
11. Particular Covenants of the Corporation. The Corporation covenants and agrees
with the Underwriters as follows:
(a) Subject to the limitations contained in paragraph 5(1) hereof, the Corporation
shall cooperate with the Underwriters in amending or supplementing the Official Statement
whenever requested by the Underwriters if, in the reasonable judgment of the Authorized
Representative, such amendment or supplement is required.
(b) The Corporation shall not revise, amend, or supplement the Official
Statement unless such revision, amendment, or supplement has been previously approved
by the Authorized Representative.
(c) The Corporation shall cooperate with the Underwriters and their counsel in
any endeavor to qualify the Bonds for offering and sale under the securities or blue sky laws
of such jurisdictions of the United States as the Underwriters may reasonably request, and
to maintain such qualifications in effect until the distribution of the Bonds described in the
Official Statement shall have been completed; provided, however, the Corporation shall not
be required to qualify as a foreign corporation or file a general written consent to suit or to
file a general written consent to service of process in any jurisdiction. The Corporation
consents to the use of the Bond Resolution, the Preliminary Official Statement, and the
Official Statement by the Underwriters in obtaining such qualifications.
(d) Any certificate or other instrument or document signed by an authorized
officer or agent of the Corporation and delivered to the Underwriters pursuant to the terms
and provisions hereof shall be deemed to be a representation and warranty made by the
Corporation to the Underwriters as to the statements made therein.
(e) From and after the date of this Purchase Contract through and including the
time of the Closing, the Corporation will not, without the prior written consent of the
Underwriters, issue any additional bonds, notes, or other obligations for borrowed money,
incur any material liabilities, direct or contingent, payable from or secured by any of the
revenues or assets that will secure the obligations.
#45232900vl -t5-
(f) If, at any time prior to the time of the Closing as herein provided, an event
of which the Corporation has knowledge occurs affecting the Corporation which is
materially adverse for the purpose for which the Official Statement is to be used and is not
disclosed in the Official Statement, the Corporation shall notify the Authorized
Representative, and if, in the opinion of the Corporation and the Authorized Representative,
such event requires a supplement or amendment to the Official Statement, the Corporation
shall supplement or amend the Official Statement in a form and in a manner approved by
the Underwriters, counsel to the Underwriters, and Bond Counsel to the Corporation.
12. Survival of Representations. All representations, warranties, and agreements of the
Corporation hereunder or in any certificate delivered pursuant hereto shall remain operative and in
full force and effect, regardless of any investigation made by or on behalf of the Underwriters, and
shall survive the delivery of and payment for the Bonds and any termination of this Purchase
Contract by the Underwriters pursuant to the terms hereof.
13. Payment of Expenses. Costs related to the issuance and sale of the Bonds,
including, but not limited to, costs of preparation, printing, and mailing of the Bonds, the Preliminary
Official Statement, and the Official Statement, the fees and expenses of Coastal Securities and Lores
Capital Management, L.L.C., the co-financial advisors to the Corporation, any fees and expenses
owed by the City, postage, any costs relating to the redemption of the Refunded Notes, the fees and
costs of Paying Agent/Registrar, the cost of obtaining credit ratings on the Bonds, the fees of the
Attorney General, the Insurer's premiums for the bond insurance policy and surety bond policy
(which may be transmitted by the Authorized Representative to the Insurer as described in Section
1 hereof), any other persons retained by the Corporation relating to this transaction, and the fees and
disbursements of Bond Counsel to the Corporation, shall be paid out of the proceeds of the Bonds
or other funds of the Corporation. The Underwriters shall pay for their costs related to the purchase
of the Bonds, including, without limitation, appropriate advertising expenses and the fees and
expenses of their counsel.
14. No Personal Liability. None of the members of the Board, nor any officer, agent,
or employee of the Corporation, shall be charged personally by the Underwriters with any liability,
or be held liable to the Underwriters under any term or provision of this Purchase Contract, or
because of execution or attempted execution, or because of any breach or attempted or alleged
breach, of this Purchase Contract.
15. Continuing Disclosure Agreement. The Corporation will agree in the Bond
Resolution to provide certain periodic information and notices of material events in accordance with
Securities and Exchange Connnission Rule 15c2-12, as described in the Official Statement under
"CONTINUING DISCLOSURE OF INFORMATION". The Authorized Representative has
reviewed the agreement as set forth in the Bond Resolution and the Underwriters' obligation to
accept and pay for the Bonds is conditioned upon delivery to the Underwriters or their agent of a
certified copy of the Bond Resolution containing the agreement described under such heading.
/~45232900v[ -16-
16. Notices. Any notice or other communication to be given to the Corporation under
this Purchase Contract may be given by delivering the same in writing at its address set forth above,
Attention: Chairperson and any notice or other communication to be given to the Underwriters under
this Purchase Contract may be given by delivering the same in writing to: RBC Dain Rauscher Inc.,
1001 Fannin, Suite 700, Houston, Texas 77002 Attention: Mr. Mark Nitcholas.
17. Parties in Interest. This Purchase Contract is made solely for the benefit of the
Corporation and the Underwriters (including the successors or assigns of the Underwriters), and no
other person shall acquire or have any right hereunder or by virtue hereof. This Purchase Contract
shall constitute the entire agreement between us and is made solely for the benefit of the Corporation
and the Underwriters (including successors or assigns of the Underwriters) and no other person shall
acquire or have any right hereunder or by virtue hereof. This Purchase Contract may not be assigned
by the Corporation. All of the Corporation's representations, warranties and agreements contained
in this Purchase Contract shall remain operative and in full force and effect, regardless of (i) any
investigations made by or on behalf of the Underwriters; (ii) delivery of and payment for the Bonds
pursuant to this Purchase Contract; and (iii) any termination of this Purchase Contract.
18. Goveming Law and Choice of Law. This Purchase Contract shall be governed by
and construed in accordance with the laws of the State of Texas and the United States of America.
19. Business Day. For purposes of this Purchase Contract, business day means any day
on which the New York Stock Exchange is open for trading.
20. Status of the Underwriters. It is understood and agreed that for all purposes of this
Purchase Contract and the transactions contemplated hereby the Underwriters have, in their role as
underwriters, acted solely as independent contractors and have not acted as a financial or investment
advisor, fiduciary or agent to or for the Corporation, whether directly or indirectly through any
person. The Corporation recognizes that the Underwriters expect to profit from the acquisition and
potential distribution of the Bonds.
21. General. This Purchase Contract may be executed in several counterparts, each of
which shall be regarded as an original and all of which will constitute one and the same instrument.
The section headings of this Purchase Contract are for convenience of reference only and shall not
affect its interpretation. This Purchase Contract shall become effective upon your acceptance hereof
and delivery of a signed copy of this Purchase Contract to the Authorized Representative.
[Execution page follows.]
#45232900vl -17-
Very truly yours,
RBC DAIN RAUSCHER INC.
J.P. MORGAN SECURITIES INC.
BY: RBC DA1N RAUSCHER INC.
By:.
Title:
Accepted and agreed to as of
the date first above written:
CORPUS CHRISTI BUSINESS AND
JOB DEVELOPMENT CORPORATION
By:
Chairperson, Board of Directors
#45232900vl S-1
Maturity {March 1)
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
20t7
2018
2019
2020
2021
2022
2023
2024
2025
SCHEDULE 1
PRiCING INFORMATION
Principal Amount Interest Rate
Yield
The Bonds shall be dated October 15, 2002 and interest shall accrue from the date of initial
delivery of the Bonds to the Underwriters and shall be payable initially on March 1, 2003, and each
September I and March I thereafter until stated maturity or prior redemption.
The City reserves the right to redeem, prior to maturity, those Bonds maturing on and after
March 1,20, in whole or in part from time to time, on March 1, 20__, and on any date thereafter,
at a price of par plus accrued interest to the date fixed for redemption, and without premium.
#45232900vl Schedule- 1
The City Manager is authorized to secure a bond insurance policy and debt service reserve
surety bond policy for the Bonds from for a combined premium
not to exceed $
#45232900vl Schedule-2
EXHIBIT A
ISSUE PRICE CERTIFICATE
The undersigned hereby certifies with respect to the sale of the "Corpus Christi Business And
Job Development Corporation Sales Tax Revenue Refunding and Improvement Bonds, Series 2002
(Arena Project)" in the aggregate original principal amount of $47,540,000 (the "Bonds ") as
follows:
1. The undersigned is the underwriter or the manager of the syndicate of underwriters
which has purchased the Bonds from the Corpus Christi Business and Job Development Corporation
(the "Corporation") at a negotiated sale.
2. The undersigned and/or one or more other members of the underwriting syndicate,
if any, have made a bona fide offering to the public of the Bonds of each stated maturity at the
respective prices set forth below.
3. The initial offenng price (expressed as a percentage of principal amount or yield and
exclusive of accrued interest) for the Bonds of each stated maturity at which a substantial amount
(at least 10%) of the Bonds of such stated maturity was sold to the public is as set forth below:
Principal Amount at Year of Offering Price
Stated Maturity ($) Stated Maturity or Yield (%)
#45232900vl A- 1
Principal Amount at Year of Offering Price
Stated Maturity ($) Stated Maturity or Yield (%)
4. The term "public", as used herein, means persons other than bondhouses, brokers,
dealers, and similar persons or organizations acting in the capacity of underwriters or wholesalers.
sales.
The offering prices described above reflect current market prices at the time of such
6. The CUSIP nmnber of the Bond with the latest stated maturity is
7. The undersigned understands that the statements made herein will be relied upon by
the Corporation in its efforts to comply with the conditions imposed by the Internal Revenue Code
of 1986, as amended, and by Bond Counsel in rendering their legal opinion concerning the
excludability of interest on the Bonds from the gross income of their owners.
EXECUTED AND DELIVERED this
RBC Dain Rauscher Inc.
By:
Title:
#45232900vl
A-2
EXHIBIT B
Official Statement
#45232900vl B-1
EXHIBIT C
[Supplemental Opinion of Bond Counsel]
November 21,2002
Corpus Christi Business
and Job Development Corporation
1201 Leopard
Corpus Christi, Texas 78401
City of Corpus Christi, Texas
1201 Leopard
Corpus Christi, Texas 78401
RBC Dain Rauscher Inc.,
as Authorized Representative of
a Group of Underwriters
1001 Fannin, Suite 700
Houston, Texas 77002
Ladies and Gentlemen:
We have served as bond counsel to the Corpus Christi Business and Job Development
Corporation (the "Corporation") in connection with the issuance of the "Corpus Christi Business
and Job Development Corporation Sales Tax Revenue Refunding and Improvement Bonds, Series
2002 (Arena Project)", in the original principal amount of $47,540,000 (the "Bonds") pursuant to
the provisions of a resolution duly adopted by the Board of Directors of the Corporation on
October 7, 2002 (the "Bond Resolution"). The Bond Resolution, the Financing Agreement, the
Purchase Contract, the Project Agreement, and the Agreement are referred to herein as the "Issuer
Documents". Capitalized terms not otherwise defined in this opinion have the meanings assigned
in the hereinafter defined Purchase Contract.
In our capacity as bond counsel to the Corporation, we have reviewed the following:
1. a certified copy of the Bond Resolution;
an executed counterpart of the Purchase Contract dated October , 2002 (the
"Purchase Contract") between the Corporation and the Underwriters named in such
Purchase Contract;
an executed counterpart of the Sales Tax Remittance Agreement dated as of October
__, 2002 (the "Financing Agreement") between the Corporation and the City of
Corpus Christi, Texas (the "City");
#45232900vl C-1
an executed counterpart of the Project Agreement dated as of October __, 2002 (the
"Project Agreement") between the Corporation and the City;
an executed counterpart of the Paying Agent/Registrar Agreement dated as of
October ,2002 (the "Agreement") between the Corporation and JPMorgan Chase
Bank, Dallas, Texas;
6. a copy of the Official Statement dated October ,2002;
the resolution adopted by the City Council of the City on October __, 2002 (the
"City's Resolution") approving the issuance of the Bonds and authorizing the
execution of and approving the Financing Agreement, the Purchase Contract, and the
Project Agreement;
such other agreements, documents, certificates, opinions, letters, and other papers as
we have deemed necessary or appropriate in rendering the opinions set forth below;
and
Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act"), and
such other provisions of the Constitution and laws of the State of Texas and the
United States of America as we believe necessary to enable us to render the opinions
herein contained.
In making our review, we have assumed the authenticity of all documents and agreements
submitted to us as originals, conformity to the originals of all documents and agreements submitted
to us as certified or photostatic copies, the authenticity of the originals of such latter documents and
agreements, and the accuracy of the statements contained in such documents.
Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set
forth, we are of the opinion that under the applicable laws of the United States of America and the
State of Texas in force and effect on the date hereof:
The Corporation has duly adopted and enacted the Bond Resolution in accordance
with the Act; the Corporation has full legal right, power, and authority to enter into
the Purchase Contract, the Agreement, the Project Agreement, and the Financing
Agreement, to adopt the Bond Resolution, and to issue, sell, and deliver the Bonds
to the Underwriters as provided in the Purchase Contract; the Corporation has duly
authorized and approved the execution and the delivery of, and the performance by
the Corporation of the obligations contained in, the Bonds, the Purchase Contract, the
Agreement, the Project Agreement, the Financing Agreement, and the Bond
Resolution, and all other transactions contemplated by the Official Statement; the
Corporation has complied with, and is in compliance with Texas law in all respects
regarding, the sale, issuance, and delivery of the Bonds, including the provisions
relating to its obligations under the Act, the Bond Resolution, the Bonds, the Project
Agreement, the Agreement, the Financing Agreement, and the Purchase Contract;
and assunfing the due authorization, execution, and delivery by the other contracting
#45232900vl C-2
parties to the Issuer Documents, the Bond Resolution and the Issuer Documents
constitute valid, legal, and binding agreements of the Corporation, enforceable in
accordance with their respective terms, subject to bankruptcy, insolvency,
reorganization or other laws relating to or affecting the rights of creditors generally
and general equitable principles.
2. The Refunded Notes had been redeemed and are no longer outstanding.
The Bonds are not subject to registration under the Securities Act of 1933, as
amended, and the Bond Resolution is not required to be qualified under the Trust
Indenture Act of 1939, as amended.
The statements in the Official Statement, insofar as they describe the Bonds and the
Bond Resolution (except for any financial, technical, or statistical data therein), under
the captions "THE BONDS" "REGISTRATION", "TAX MATTERS", "LEGAL
INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS",
"CONTINUING DISCLOSURE OF INFORMATION" (except under the subcaption
"Compliance with Prior Undertakings" as to which no opinion is expressed) and
APPENDIX A are correct as to matters of law and fairly and accurately present the
information purported to be presented therein.
The City is a home rule municipality, a political subdivision of the State of Texas,
and a body politic and corporate, duly created, organized and existing under the laws
of the State of Texas, with full authority to authorize the creation of the Corporation
and to levy and collect the Sales Tax securing the Bonds for the benefit of the
Corporation under the Act.
This opinion is furnished solely for your benefit and may be relied upon only by the
addressees hereof or anyone to whom specific permission is given in writing by us.
Very truly yours,
#45232900vl C-3
EXHIBIT D
[Letterhead of Fulbright & Jaworski L.L.P.]
November 21,2002
RBC Dain Rauscher Inc.,
as Authorized Representative of
a Group of Underwriters
1001 Fannin, Suite 700
Houston, Texas 77002
Ladies and Gentlemen:
We have acted as your counsel in connection with the purchase by you on this date of
$47,540,000 original principal amount of "Corpus Christi Business And Job Development
Corporation Sales Tax Revenue Refunding and hnprovement Bonds, Series 2002 (Arena Project)"
(the "Bonds") pursuant to a Pumhase Contract dated October __, 2002 (the "Purchase Contract")
between you and the Corpus Christi Business and Job Development Corporation (the
"Corporation"). This opinion is being furnished to you pursuant to Section 8(h)(3) of the Purchase
Contract. Unless otherwise expressly provided herein, capitalized terms used in this opinion shall
have the meanings ascribed to them in the Purchase Contract.
We have examined a printed copy of each of the Preliminary Official Statement and executed
copies of the Bond Resolution, the Financing Agreement, the Project Agreement, the Paying
Agent/Registrar Agreement, the City's Resolution, and the Official Statement, and we have
examined and rely upon certain of the certificates and opinions referred to in Section 8(h) of the
Purchase Contract.
In our examination, we have assumed the authenticity of all documents submitted to us as
originals, the conformity to original copies of all documents submitted to us as certified or
photostatic copies, the authenticity of the originals of such latter documents, and the accuracy of the
statements contained in such certificates.
Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set
forth, we are of the opinion that under applicable laws of the United States of America and the State
of Texas in force and effect on the date hereof:
1. The Bonds are exempted securities within the meaning of the Securities Act of 1933,
as amended, and it is not necessary in connection with the offer and sale of the Bonds to the public
to register the Bonds under the Securities Act of 1933, as amended, or to qualify the Bonds or the
Bond Resolution under the Trust Indenture Act of 1939, as amended. We express no opinion as to
#45232900vl D-[
any requirements as to the registration of any other security or qualification of any other instrument
under such Act.
2. We have not verified the information contained in the Official Statement. However,
as your counsel we have participated in discussions with respect to the Official Statement with
representatives of the Corporation, McCall, Parkhurst & Horton L.L.P., Bond Counsel, Coastal
Securities and Lotus Capital Management, L.L.C., co-financial advisors to the Corporation, and you,
and, as stated above, we have reviewed the Official Statement. In the course of such discussions and
review, nothing has come to our attention which leads us to believe that the Official Statement
[except with respect to the financial statements and other financial and statistical data included
therein and in the Appendices thereto, including but not limited to the financial statements appearing
in Appendix C thereto (as to which we have not been requested to express a view and as to which
we express no view)] contains any untme statement of a material fact or omits to state a material fact
necessary to make the statements therein, in light of the circumstances under which they were made,
not misleading.
In addition to the limitations set forth in the preceding paragraph, we have not been requested
to review, nor have we reviewed, any records or contracts of the Corporation or the basis for any
representations made by representatives of the Corporation, and the foregoing is subject to the
material, statements, and other data contained in the records or contracts of the Corporation and any
such representations, to the extent they are reflected in the Official Statement, not containing any
untrue statement of a material fact or omitting to state a material fact necessary to make the
statements contained in the Official Statement, in light of the circumstances under which they were
made, not misleading.
We express no opinion and make no comment with respect to the sufficiency of the security
for or the marketability of the Bonds.
This opinion is furnished solely for your benefit and may be relied upon only by the
addressees hereof or anyone to whom specific permission is given in writing by us.
Very truly yours,
#45232900vl D-2
EXHIBIT E
Opinion of City Attorney
November 21, 2002
Corpus Christi Business
and Job Development Corporation
1201 Leopard
Corpus Christi, Texas 78401
RBC Dain Rauscher Inc.,
as Authorized Representative of
a Group of Underwriters
1001 Fannin, Suite 700
Houston, Texas 77002
City of Corpus Christi, Texas
1201 Leopard
Corpus Christi, Texas 78401
McCall, Parkhurst & Horton L.L.P.
717 North Harwood, Suite 900
Dallas, Texas 75201
Fulbright & Jaworski L.L.P.
300 Convent, Suite 2200
San Antonio, Texas 78205
Coastal Securities
5555 San Felipe, Suite 2200
Houston, Texas 77002
Lotus Capital Management, L.L.C.
One Canal Place
365 Canal Street, Suite 1180
New Orleans, Louisiana 70130
Ladies and Gentlemen:
I serve as the City Attorney for the City of Corpus Christi, Texas (the "City") and have acted
as such in connection with the issuance of an aggregate principal amount of $47,540,000 original
principal amount of"Corpus Christi Business and Job Development Corporation Sales Tax Revenue
Refunding and Improvement Bonds, Series 2002 (Arena Project)" (the "Bonds") pursuant to the
provisions ora resolution duly adopted by the Board of Directors of the Corpus Christi Business and
Job Development Corporation (the "Corporation") on October 2002 (the "Bond Resolution").
The Bond Resolution, the Financing Agreement, the Purchase Contract, the Project Agreement, and
the Agreement am referred to herein as the "Issuer Documents"'. Capitalized terms not otherwise
defined in this letter have the meanings assigned in the Purchase Contract dated October _, 2002,
executed between the City and RBC Dain Rauscher Inc., as the authorized representative of the
underwriters (the "Purchase Contract").
In my capacity as City Attorney to the City, I have reviewed the following:
1. a certified copy of the Bond Resolution;
2. an executed counterpart of the Purchase Contract;
#45232900vl E-1
3. an executed counterpart of the Sales Tax Remittance Agreement dated as of October
__, 2002 (the "Financing Agreement") between the Corporation and the City;
an executed counterpart of the Project Agreement dated as of October __, 2002 (the
"Project Agreement") between the Corporation and the City;
an executed counterpart of the Paying Agent/Registrar Agreement dated as of
October__, 2002 between the Corporation and JPMorgan Chase Bank, Dallas, Texas
(the "Paying Agent/Registrar Agreement");
6. a copy of the Official Statement dated October ,2002;
the resolution adopted by the City Council of the City on October ,2002 (the
"City's Resolution") approving the issuance of the Bonds and authorizing the
execution of and approving the Financing Agreement, the Purchase Contract, and the
Project Agreement;
such other agreements, documents, certificates, opinions, letters, and other papers as
I have deemed necessary or appropriate in rendering the opinions set forth below; and
Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act"), and
such other provisions of the Constitution and laws of the State of Texas and the
United States of America as 1 believe necessary to enable me to render the opinions
herein contained.
In making my review, I have assumed the authenticity of all documents and agreements
submitted to me as originals, conformity to the originals of all documents and agreements submitted
to us as certified or photostatic copies, the authenticity of the originals of such latter documents and
agreements, and the accuracy of the statement contained in such documents.
Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set
forth, I am of the opinion that under the applicable laws of the United States of America and the
State of Texas in force and effect on the date hereofi
The City has duly adopted and enacted the City's Resolution in accordance with the
Act; the City has full legal right, power, and authority to enter into the Financing
Agreement and the Project Agreement and to adopt the City's Resolution; the City
has duly authorized and approved the execution and the delivery of, and the
performance by the City of the obligations contained in the Financing Agreement and
the Project Agreement and all other transactions contemplated by the Official
Statement; the City has complied with, and is in compliance with Texas law in all
respects regarding, the sale, issuance, and delivery of the Bonds, including the
provisions relating to its obligations under the Act, the City's Resolution, the Bonds,
and the Purchase Contract; and assuming the due authorization, execution, and
delivery by the other contracting parties of the issuer Documents, the City's
Resolution and the Issuer Documents constitute valid, legal, and binding agreements
#45232900vl E-2
of the City and the Corporation, enforceable in accordance with their respective
terms, subject to bankruptcy, insolvency, reorganization or other laws relating to or
affecting the rights of creditors generally and general equitable principles.
The City is a home rule municipality, a political subdivision of the State of Texas,
and a body politic and corporate, duly created, organized and existing under the laws
of the State of Texas, with full authority to authorize the creation of the Corporation
and to levy and collect the Sales Tax securing the Bonds for the benefit of the
Corporation under the Act.
The Corporation is a Texas non-profit corporation duly created by the City with the
authorization and the approval of the City Council of the City, and is duly organized
and validly existing under the provisions of the Act, and is acting on behalf of the
City in accordance with such Act.
All authorizations, approvals, licenses, permits, consents and orders of any
governmental authority, legislative body, board, agency or commission having
jurisdiction of the matter which are required for the due authorization of, which
would constitute a condition precedent to, or the absence of which would materially
adversely affect the due performance by the Corporation or the City of their
obligations under the lssuer Documents, the Bond Resolution, the City's Resolution,
and the Bonds have been obtained.
Based on reasonable inquiry made of the responsible City employees and public
officials, the City and the Corporation are not, to the best of my knowledge, in breach
of or in default under any applicable law or administrative regulation of the State of
Texas or the United States, or any applicable judgment or decree or any trust
agreement, loan agreement, bond, note, resolution, ordinance, agreement or other
instrument to which the City or the Corporation is party or is otherwise subject and,
to the best of my knowledge after due inquiry, no event has occurred and is
continuing which, with the passage of time or the giving of notice, or both, ~vould
constitute such a default by the City or the Corporation under any of the foregoing;
and the execution and delivery of the Bonds and the Issuer Documents and the
adoption of the City's Resolution and the Bond Resolution and compliance with the
provisions of each of such agreements or instruments does not constitute a breach of
or default under any applicable law or administrative regulation of the State of Texas
or the United States or any applicable judgment or decree or, to the best of my
knowledge, any trust agreement, loan agreement, bond, note, resolution, ordinance,
agreement or other instrument to which the City or the Corporation is a party or is
otherwise subject.
There is no legislation, action, suit, proceeding, inquiry or investigation, at law or in
equity, before or by any court, commission, government agency, public board or
body, pending or, to the best knowledge of the City or the Corporation, after due
inquiry threatened against the City or the Corporation, affecting the corporate
existence of the City or the Corporation or the titles of its officers to their respective
#45232900vl E-3
10.
offices, or affecting or seeking to prohibit, restrain or enjoin the sale, issuance or
delivery of the Bonds or the collection of the Sales Tax pledged to the payment of
principal of and interest on the Bonds pursuant to the Resolution or the City's
Resolution or in any way contesting or affecting the validity or enfomeability of the
Bonds, the Issuer Documents, or contesting the exclusion from gross income of
interest on the Bonds for federal income tax purposes, or contesting in any way the
completeness or accuracy of the Preliminary Official Statement or the Official
Statement or any supplement or amendment thereto, or contesting the powers of the
Corporation or any authority for the issuance of the Bonds, the adoption of the Bond
Resolution or the City's Resolution or the execution and delivery of the Issuer
Documents, nor, to the best knowledge of the City and the Corporation, is there any
basis therefor, wherein an unfavorable decision, ruling or finding would materially
adversely affect the validity or enforceability of the Bonds, the Bond Resolution, the
City's Resolution, or the Issuer Documents.
To the best of my knowledge and belief, the execution and delivery of the Issuer
Documents and compliance by the City and the Corporation with the provisions
hereof and thereof, under the circumstances contemplated herein and therein, will not
conflict with or constitute on the part of the City and the Corporation a inaterial
breach of or a default under any agreement or instrument to which the City or the
Corporation is a party, or violate any existing law, administrative regulation, order,
or consent decree to which the City or the Corporation is subject.
By official action the City has taken all steps to duly authorize, levy and collect the
Sales Tax and approve the City's Resolution all in accordance with the Act;
Except as disclosed in the Official Statement, no litigation is pending, or to my
knowledge, threatened, in any court, (1) seeking to enjoin the issuance or delivery of
the Bonds or the execution and delivery of the Issuer Documents, or in any way
contesting or affecting the validity or enforcement of the Bonds, the Issuer
Documents, the City's Resolution, or the Bond Resolution, or contesting the powers
of the City or the Corporation or any authority for the issuance of the Bonds, the
execution and delivery of the Issuer Documents, or the levying of the Sales Tax
securing the Bonds, or (2) except as disclosed in the Official Statement, in which a
final adverse decision would materially adversely affect the financial condition of the
City or the Corporation, or (3) contesting in any way the completeness, accuracy, or
fairness of the Official Statement;
The statements in the Official Statement under the captions "INTRODUCTION -
Description of the Corporation", "INVESTMENT POLICY", and "LITIGATION",
and references in other portions of the Official Statement describing the Corporation
and the City fairly and accurately summarize in all material respects the matters
presented therein, and insofar such information relates to matters of law, is true and
correct.
#45232900vl E-4
In addition, without having undertaken to determine independently the accuracy and
completeness of the statements contained in the Official Statement, during my participation in the
preparation of the Official Statement nothing has come to our attention which would lead us to
believe that the Official Statement (excluding therefrom the financial and statistical data and
forecasts included therein) contains any untrue statement of a material fact or omits to state a
material fact necessary to make the statements therein, in the light of the circumstances under which
they were made, not misleading.
This opinion is fumished solely for your benefit and may be relied upon only by the
addressees hereof or anyone to whom specific permission is given in writing by me.
Vepy truly yours,
#45232900vl E-5
PROJECT AGREEMENT
THIS PROJECT AGREEMENT (this "Contract") executed by and between the City of
Corpus Christi, Texas (the "City") and the Corpus Christi Business and Job Development Corporation
(the '*Corporation")
WITNESSETH:
WHEREAS, the Corporation was created by the City pursuant to authority granted by Article
5190.6, Texas Revised Civil Statutes, as amended (the "Act"), specifically with the Corporation to
possess the powers granted by Section 4A of the Act; and
WHEREAS, on November 7, 2000, the citizens of the City voting at an election on said date
approved the levy of a one-eighth of one percent sales and use tax upon the receipts at retail of
taxable items, pursuant to Section 4A of the Act, for the "Arena Project", as described in the
proposition approved by the citizens voting at said election (the "Arena Project Sales Tax"); and
WHEREAS, under authority of the Act, it is the intent of the Corporation to issue bonds,
notes or other obligations permitted by law (collectively referred to herein as the "Bonds") for the
purpose of financing eligible projects under the Act, particularly Section 4A thereof, and to secure
said bonds with the Arena Project Sales Tax collected by the City under authority of Section 4A of
the Act; and
WHEREAS, on the date of the execution of this Contract, the Corporation has adopted a
bond resolution (the "Resolution") and the City has approved the adoption of the Resolution by the
Corporation, which Resolution has authorized the issuance of the Bonds for the purpose of financing
Costs related to the construction, equipping, operation and maintenance of the "Arena Project" (as
so defined in the Resolution, the "Project"); and
WHEREAS, the Corporation and the City heretofore have entered into a sales tax remittance
agreement (the "Sales Tax Remittance Agreement") for the purpose of providing a mechanism for
distributing the Arena Project Sales Tax between the Corporation and the City; and
WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement
to evidence the duties and responsibilities of the respective parties with respect to the construction
and acquisition of the Project.
NOW THEREFORE, in consideration of the covenants and agreements herein made, and
subject to the conditions herein set forth, the City and the Corporation contract and agree as follows:
Section 1. DEFINITIONS AND INCORPORATION OF PREAMBLES. The terms and
expressions used in this Contract, unless the context shows clearly otherwise, shall have meanings
set forth herein, including terms defined in the Preambles hereto, which preambles are incorporated
in and made a part hereof for all purposes, or, if not defined herein, such terms shall have the
meanings given in the Resolution
Section 2. OBLIGATION OF CORPORATION TO ACQUIRE. The Corporation agrees
to pay, and will pay, all of the actual costs of acquiring and equipping, by purchase and construction,
the Project, through the issuance of its Bonds to provide the money for such payment, all in the
manner hereinafter described and as provided in the Resolution; and the Corporation, by such
payment, will thus acquire, construct and equip the Project for the benefit of the City.
Section 3. THE RESOLUTION. The proceeds from the sale of the Bonds will be used for
the payment of all of the Corporation's costs and expenses in connection with the Project and the
Bonds, including, without limitation, all financing, legal, printing, administrative, and other expenses
and costs incurred in issuing its Bonds and acquiring the Project, and to fund a debt service reserve
and the other funds required by the Resolution. The Resolution authorizes the issuance of Bonds in
the amount not to exceed $50,000,000, to cover the costs and expenses and other amounts required
for the initial development of the Project, and to refund the outstanding Series 2001 Notes issued by
the Corporation to acquire the site at which the Arena Project is to be constructed and other costs
associated with the development of the Arena Project, as specified in the Resolution. However,
should the Bond proceeds be insufficient for the payment of all of the Corporation's costs and
expenses in connection with the acquisition, construction and equipping of the Project, subject to the
limitations contained in the Resolution concerning the use of excess Pledged Revenues, the
Corporation may use Arena Project Sales Tax revenues, to the extent they are in excess of amounts
needed to pay debt service on the Bonds, and, if so required by the terms of the Resolution, to fund
and maintain a reserve fund, to complete the Project in accordance with the terms of the Resolution,
and in accordance with Section 4 hereo£
Section 4. ACQUISITION CONTRACTS. The City, acting on behalf of and as agent for
the Corporation, will enter into such contracts as are necessary to provide for acquiring, by purchase
and construction, the entire Project, and said contracts shall be executed as required by the laws
applicable to the City. The Corporation shall cause the amounts due under such contracts to be paid
from the proceeds from the sale of the Bonds. The Corporation shall deposit the proceeds from the
sale of the Bonds into the Construction Fund in accordance with the Resolution. Said Construction
Fund shall be used for paying the Corporation's costs and expenses incidental to the Bonds and to pay
the costs of acquiring, by purchase and construction, the Project. All contracts and draws on the
Construction Fund shall be approved by the Corporation and the City, and any form of written
approval signed by the Chairperson of the Board of Directors of the Corporation or by the Director
of Financial Services of the City will evidence the approval of the Corporation and the City for the
purposes of this Section 4. Draws on the Construction Fund shall be made in accordance with
Section 11 of the Resolution.
Section 5. OWNERSHIP OF PROJECT. (a) The Corporation will provide, make available,
and render, to and for the benefit of the City and its inhabitants, the facilities and services of the
Project paid for and acquired by the Corporation pursuant to this Contract. It is agreed that the City
always shall have the exclusive use of the Project. In consideration of the Corporation's acquiring,
making available, and rendering to and for the benefit of the City and its inhabitants, the facilities and
services of the Project, the City makes and agrees to comply with its covenants which are set forth
in the Sales Tax Remittance Agreement. As further consideration, it is agreed that the City will have
the sole responsibility for operating and maintaining the Project, and that funds for such purpose shall
be made available to the City by the Corporation from the Arena Project Sales Tax, consistent with
the proposition authorizing the levy and collection of the Arena Project Sales Tax approved by the
citizens of the City at the November 7, 2000 election. The City shall not be relieved of its covenants
and obligations under the Sales Tax Remittance Agreement, notwithstanding the failure of the
Corporation to acquire or construct all or any part of the Project. It is hereby provided that in further
consideration of the covenants made by the City under this Section and under the Sales Tax
Remittance Agreement, the City shall become the owner of the Project upon completion of the con-
struction of each distinct portion of the Project, as more particularly described in Section 5(b) of this
Contract.
(b) After completion of the acquisition and construction of each identifiable portion of the
.Project, and when an identifiable portion of the Project is ready to be placed in service, the City shall
~nspect the same and if it is found by the City to have been acquired and constructed as required by
this Contract, the City, acting by and through the City Manager of the City, shall notify the
Corporation in writing that it has accepted the Project. Upon such acceptance, all of the
Corporation's right, title, and interest of every nature whatsoever in and to such portion of the Project
automatically shall vest irrevocably in the City without the necessity of the execution of any convey-
ance by the Corporation, and such transaction shall result in the automatic sale and delivery of such
portion of the Project by the Corporation to the City, and the vesting of title to such portion of the
Project in the City in consideration for the agreement of the City to perform its obligations required
under this Contract. If requested in writing by the City, acting by and through the City Manager of
the City, the Corporation will execute and deliver to the City an appropriate instrument
acknowledging that such sale, delivery, and vesting of title has occurred, but such instrument shall
not be necessary to effect the automatic sale, delivery, and vesting of title, which shall occur as
described above. Until the acceptance of a portion of the Project by the City, all right, title, and
interest in and to a portion of the Project shall be in the Corporation. After such acceptance and the
resulting sale, delivery, and vesting of title in the City, the Corporation shall have no right, title, or
interest in, or responsibility with respect to, a portion of the Project and the Corporation shall have
no right to extend, improve or otherwise expend funds in the Construction Fund of the Resolution
for such portion of the Project.
Section 6. ACQUISITION. The City and the Corporation agree to proceed promptly with
the acquisition, by purchase and construction, of the Project. The City and Corporation hereby
covenant that they will make a diligent effort to complete such acquisition as soon as practicable. The
City and the Corporation do not anticipate any delays in completing the acquisition of the Project,
but the City and the Corporation shall not be liable to each other for any damages caused by any
delays in completion of the Project.
Section 7. USE OF CITY'S PUBLIC PROPERTY. By these presents, the City authorizes
use by the Corporation of any and all real property, streets, alleys, public ways and places, and
general utility or sewer easements of City for acquisition and construction of the Project.
Section 8. FORCE MAJEURE. If, by reason of Force Majeure, either party hereto shall be
rendered unable wholly or in part to carry out its obligations under this agreement, then such party
shall give notice and full particulars of such Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of the party
giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as hereinafter provided, but for no longer period,
and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other
industrial disturbances, acts of public enemy, orders of any kind of the Government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests,
restraint of government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming
such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely
within the discretion of the party having the difficulty, and that the above requirement that any Force
Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and
lockouts by acceding to the demands of the opposing party or parties when such settlement is
unfavorable to it in the judgment of the party having the difficulty. It is specifically excepted and
provided, however, that in no event shall any Force Majeure relieve the City of its obligation to
transfer Arena Project Sales Tax revenues to the Corporation as required under the Sales Tax
Remittance Agreement, and for the Corporation to apply, account for, and transfer the Pledged
Revenues as provided in the Resolution.
Section 9. REGULATORY BODIES. This Contract and the Project shall be subject to all
valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of
America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any
authorized representative or agency of any of them.
Section 10. TERM OF CONTRACT That the term ofthis Contract shall be for the period
during which the Bonds or any interest thereon are outstanding and unpaid.
[Execution Page Follows]
4
1N WITNESS WHEREOF, the Corporation and the City, acting under authority of their
respective governing bodies have caused this Contract to be duly executed in several counterparts,
each of which shall constitute an original, all as of the 21 st day of August, 2001, which is the date of
this Contract.
CORPUS CHRISTI BUSINESS AND
JOB DEVELOPMENT CORPORATION
ATTEST:
By
Chairperson, Board of Directors
Secretary, Board of Directors
(CORPORATION SEAL)
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
ATTEST:
City Secretary
(CITY SEAL)
23
CITY COUNCIL
AGENDA MEMORANDUM
September 26, 2002
AGENDA ITEM: Ordinance extending the Bayfront Plaza Convention Center and
Memorial Coliseum Concessionaire Agreement with Noble Food Service, Inc. for a
period of one year and seven months (January 1, 2003 to August 1, 2004).
ISSUE: The one year Concessionaire Agreement with Noble Food Service, Inc. will
expire at 3:00 AM on January 1, 2003. We need to act at this time to ensure continuity of
service while we plan for the expansion of the Bayfront Plaza Convention Center.
BACKGROUND: We are currently in the process of preparing the bid documents for
the construction phase of the expansion and renovation of the Bayfront Plaza Convention
Center. Groundbreaking for this project is expected to take place in November of this
year.
We anticipate the expansion and renovation of the Bayfront Plaza Convention Center will
significantly affect the concession operation. In addition, the new arena, which is also
being designed, will be attached to the convention center. We would like to be able to
have one food service company operate the concessions for both facilities. Although we
are starting the process to select a long-term foodservice provider, we feel the best time to
begin the new contract is when the new foodservice facilities are ready. This is expected
to be around September 1, 2004. This extension will also give us time to decide the
future of Memorial Coliseum after the new Multi-Purpose Arena is in operation.
Noble Food Service, Inc. has operated the concessions at the Bayfi'ont Plaza Convention
Center and Memorial Coliseum for approximately 17 years and has done a good job.
They have agreed to extend their existing agreement at the same terms for an additional
nineteen months. The percentage of gross receipts they pay to the City is fair, and it
would be in the best interest of the City and our customers to allow them to continue their
operation until we are ready to go out for a long-term contract.
ALTERNATIVE: Direct staff to go out for bids at this time on a new nineteen month
Concessionaire Agreement.
Bayfront Plaza
LEASE AGREEMENT SUMMARY
September 27, 2002
PARTIES INVOLVED: The City of Corpus Christi and Noble Food Service, Inc.
SERVICES TO BE PROVIDED: The City grants to Noble Food Service, Inc. the
exclusive rights to the concession (cash) sale of food and beverages at the Bayfront Plaza
Convention Center and Memorial Colisemn. Catering by outside caterers will be
allowed.
TERM: One year, seven months (January 1, 2003 to August 1, 2004).
PAYMENT: Noble Food Service will pay to the City the following percentages of gross
sales:
BAYFRONT PLAZA CONVENTION CENTER
All mixed drink and wine sales
All beer sales
All nonalcoholic beverages & food sales
31%
41%
41%
MEMORIAL COLISEUM
All beer sales
All nonalcoholic beverages & food sales
49%
42%
Noble Food Service, Inc. will pay the City 80% of the monies collected in the form of a
house privilege fee on subcontracts for the sale of novelties, programs, T-shirts, caps,
pictures, souvenirs, etc.
When Noble Food Service, Inc. acts as a retailer, selling items such as T-shirts,
souvenirs, postcards, novelties, etc., a flat fee of 5% of sales will be paid to the City.
Noble Food Service, Inc. will pay the City 10% of sales on all catering.
PRICE AND QUALITY OF MERCHANDISE: As a general policy, prices of
concession items will not be higher than those charged for the same quality merchandise
at comparable facilities elsewhere. All prices must be approved in advance by the
Director of Convention Facilities, or his designee.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE AN AMENDMENT TO THE LEASE AGREEMENT EXECUTED
WITH NOBLE FOOD SERVICES, INC., ON NOVEMBER 21, 2000, BY
ORDINANCE NO. 024289, AND AMENDED ON DECEMBER tt, 2001,
BY ORDINANCE NO. 024686, TO EXTEND THE TERM OF THE
LEASE; AND PROVIDING FOR SEVERANCE.
WHEREAS, the City and Noble Food Services, Inc., presently have a conces-
sion agreement in effect for the provision of concession services at Bayfront Plaza
Convention Center and Memorial Coliseum;
WHEREAS, the concession agreement, which was executed November 21,
2000, by Ordinance No. 024289, and amended on December 11, 2001, by Ordinance
No. 024885, expires at 3:00 a.m., January 1, 2003;
WHEREAS, the City is in the process of constructing a new arena and designing
improvements to the Bayfront Plaza Convention Center;
WHEREAS, the City will need additional time to ascertain its requirements for a
new lease agreement with a concessionaire; and,
WHEREAS, the City desires Noble Food Services, Inc., to continue operating the
Bayfront Plaza Convention Center and Memorial Coliseum concession until a new con-
cession agreement becomes effective.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute an amend-
ment to the lease executed with Noble Food Services, Inc., on November 21, 2000, by
Ordinance No. 024289, and amended on December 11, 2001, by Ordinance No.
024685, to allow for a one year and seven month term extension.
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 judg-
ment 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 in-
tent of the City Council that every section, paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose,
SECTION 3. There is no provision in the City Charter or state law that requires publica-
tion of this ordinance.
CITY COUNCIL
AGENDA MEMORANDUM
September 26, 2002
AGENDA ITEM: Motion authorizing the City Manager to send out a Request for
Qualifications (RFQ) followed by a Request for Proposals (RFP) to retain a food and
beverage company (F&B Company) to manage the foodservice operation at the Bayfront
Plaza Convention Center and New Multipurpose Arena for a period of five years,
beginning August 1, 2004.
ISSUE: The construction of the New Multipurpose Arena and the expansion and
renovation of the Bayfront Plaza Convention Center is expected to be completed by
August 1, 2004. As recommended by PKF Consulting in the Market Study and Financial
Analysis they performed for this project in June 2000, these two facilities will share a
new full-service kitchen and commissary. PKF Consulting also recommended we retain
one company to provide all concessions and catering. This arrangement would provide a
higher quality and consistency of food service at the facility, which is preferred by
meeting planners. Having on-site catering will also provide more dining opportunities
for trade show attendees and exhibitors, which will translate into increased revenues to
the facility.
BACKGROUND: After dialogue with our consultant, Conventional Wisdom, and
SMG, the Arena management firm, staff is recommending a Management Fee for Service
approach for this agreement. Under this approach, the F & B Company will be paid a fee
to manage the foodservice operation for the City. The City will pay all of the expenses
and receive all of the revenues from the foodservice operation. The net revenues would
be allocated to support the operating costs of the Arena and Convention Center. This
method allows facility management to participate in establishing the quality of food and
service. It also allows for the most flexibility in transitioning to the new catering system
at the facility. It should be noted that the approach is similar to the approach used in
contracting for management of the New Multipurpose Arena.
Selection of an F & B Company for the Bayfront Plaza Convention Center and New
Multipurpose Arena will proceed in three stages:
Stage One - Qualifications: The process begins with the City sending out a
Request for Qualifications (RFQ). We will assess the responsiveness to the
RFQ and review the information provided in the submittal. We may also
check references of the F & B companies to help assess past performance at
other facilities. A Foodservice Selection Committee will rank the firms. This
committee will be comprised of senior City staffmembers and representatives
from the community.
Stage Two - Proposals: The City will send Request for Proposals from the
most highly qualified firms of those that submitted a response to the RFQ.
The proposal will require a description of the F&B Company's approach to
the scope of services described herein and the proposed F&B Manager for the
Facilities.
The Foodservice Selection Committee will assess the qualifications and
competence of the F&B Company to perform the requested services as
demonstrated by the information submitted in the response to the RFP. We
will also interview the Manager candidate.
The Foodservice Selection Committee will make a recommendation to the
City Manager. The City Manager will review the recommendations and
request approval from the City Council to negotiate with the selected F&B
Company.
Stage Three - Negotiations: Upon approval of the City Council, City staff will
enter into contract negotiation with one of the firms. The negotiation period is
expected to last approximately 30 days. The contract will be subject to the
approval of the City Council.
ALTERNATIVE: Direct Staff to go out for bids on a traditional five year
Concessionaire Agreement.
_]~n B. Meyer, CFE ~L
t~'onvention Center Manager
Bayfront Plaza
City of
Corpus Christi, Texas
REQUEST FOR QUALIFICATIONS
TO PROVIDE
FOOD & BEVERAGE SERVICES
FOR THE
BAYFRONT PLAZA CONVENTION CENTER
&
NEW MULTIPURPOSE ARENA
September 27, 2002
Table of Contents
VII.
Introduction ................................................................. 3
Project Description And History ......................................... 4
Submittal Requirements .................................................... 7
Selection Schedule and Activity .......................................... 9
Scope of Services .......................................................... 11
Evaluation Process and Selection Criteria ............................. 13
Special Conditions ........................................................ 14
2
I. Introduction
The City of Corpus Christi (the "City") intends to retain a food and beverage company
("F&B Company") to provide food and beverage services for the Bayfront Plaza
Convention Center and New Multipurpose Arena (the "Facilities"). The five-year term
of this contract will be from August 1, 2004 to August 1, 2009. In addition, there will be
a Pre-Opening period fi:om approximately April 1, 2003 until September 1, 2004. The
City is interested in a Management Fee for Service arrangement.
The purpose of this Request for Qualifications ("RFQ") is to identify interested F&B
Companies and gauge their performance in servicing comparable facilities. The City
anticipates entering into a Food and Beverage Agreement ("F&B Agreement") with a
qualified F&B Company to provide services at the Facilities.
After the City analyzes the RFQ submittals, a Request for Proposals (RFP) will be issued
to certain F&B Companies. These companies will then be asked to prepare a food and
beverage service plan and present it to the City, along with their proposed F&B Manager
candidate.
Selection of an F&B Company for the Facilities will proceed in three stages:
Stage One - Qualifications
Review and analysis of RFQ Response - The City will assess the
responsiveness to the RFQ and review the information provided in the
submittal. The City will contact several of the current clients listed in the
F&B Company information for references, performance, responsiveness and
other data. The City will review information submitted and assess the F&B
Company's demonstrated knowledge of how to manage F&B facilities similar
in type to the Facilities in Corpus Christi.
Reference Checks and Possible Requests for Additional Information - The
City may contact references of the F&B Company to help assess past
performance at other facilities. The City may also request additional
information and clarification of the submittals of the F&B Companies.
Stage Two - Proposals
Requests for Proposals (RFP) fi:om short-listed firms - The City will request
proposals from the most highly qualified firms of those that submitted a
response to this RFQ. The proposal will require a description of the F&B
company's approach to the scope of services described herein and the
proposed F&B Manager for the Facilities.
Review of Management Proposal - The City will assess the qualifications and
competence of the F&B Company to perform the requested services as
demonstrated by the information submitted in the response to the RFP.
Manager Interview - During stage two of the selection process, Proposers will
be required to identify and submit the qualifications of a candidate for the
F&B Manager position. The F&B Manager candidate should take a leading
role in the presentation of the F&B service plan. The proposed F&B
Manager, with the support of the F&B Company, should demonstrate their
ability to perform the required services through presentation of their
Management Plan. The F&B Company should address the availability and
accessibility of personnel, equipment and other resources needed to
successfully provide F&B services to the facility. If requested, the City will
use its best efforts to protect the identity of the F&B Manager from disclosure
to the extent allowable by law.
Presentation to Governing Body - Proposing F&B Companies may be
required to make a presentation to the City's Foodservice Selection
Committee, a group of senior City staff members and representatives from the
community, who will make a recommendation to the City Manager. The City
Manager will review the recommendations and request approval from the City
Council to negotiate with a selected F&B Company.
Stage Three - Negotiations
Contract and Fee negotiation with selected Management Company- Upon
completion of the above assessments, the City will enter into contract
negotiations with one of the finns. The negotiation period is expected to last
approximately 30 days. After 30 days, the City in its sole discretion may elect
to continue negotiations with an F&B Company, or cease negotiations and
begin negotiations with another F&B Company. All contracts will be subject
to the approval of the City Council.
II. Project Description and History
Description of Facilities
The City of Corpus Christi is located on the Gulf Coast of Texas (the "State"), which is a
"right-to-work" State. The City is constructing approximately $22 million in
improvements to the existing Bayfront Plaza Convention Center and $35 million to
construct a new 10,000 seat Multi-Purpose Arena, which will be attached to the
Convention Center. These improvements will insure that the Complex will be the center
for conventions, athletic events, concerts and civic events in the South Texas area. These
improvements are expected to be completed by August 1, 2004. The City has contracted
with SMG to manage the new Multipurpose Arena, when it is completed. City staff
4
currently manages the Bayfront Plaza Convention Center; however, the City is currently
in negotiations with SMG to manage the Center.
Bayfront Plaza Convention Center- The Bayfront Plaza Convention Center is
located at the north end of Shoreline Drive, Corpus Christi, Texas. The street
address is 1901 N. Shoreline. When the improvements have been completed,
the Facility will include the following major units:
The Selena Auditorium, which is a 2,526-seat performing arts facility. It is
used for ballets, operas, symphonies, concerts, general sessions, etc. This
facility also has a Lounge and a Rehearsal Hall. Approximately 175 events
are held in this facility each year.
The Exhibit Hall, which is a space containing 76,500 sq. ft. of floor space.
This facility is used for exhibits, consumer and trade shows, private parties,
general sessions and concerts. This facility is used over 200 days each
year.
Two Banquet Halls. The existing 27,000 sq. fi. Banquet Hall is used for
large banquets, private parties, general sessions, trade and consumer
shows. About 200 events are held in this facility each year. In addition, a
new 20,000 sq. ft. Banquet Hall will be built. This facility will be located
near the new full-service kitchen facilities and have a spectacular view of
Corpus Christi Bay. This should be the premier banquet facility in all of
Corpus Christi. Both Banquet Halls can be sub-divided into smaller
rooms.
Meeting Rooms. In addition to the Banquet Halls, which can be used as
large meeting rooms, there will be ten other rooms, which may divided into
as many asl4 separate spaces. These rooms are used for breakout meeting
spaces, private parties, banquets, etc. About 1,600 events are held in the
meeting rooms each year.
Other Facilities. The Bayfi-ont Plaza Convention Center Expansion and
Rehabilitation Project will add approximately 75,000 square feet of new
space and rehabilitation of 52,000 square feet of existing facilities. In
addition to the new 20,000 sq. ft. Ballroom and meeting rooms, there will
be a new grand lobby and office spaces. There will also be a new full-
service kitchen, commissary, and loading dock, which will be located
between the Convention Center and New Multi-Purpose Arena.
New Multi-Purpose Arena - The New Multi-Purpose Arena will be
constructed under a separate contract at the same time the Convention Center
Expansion and Rehabilitation is being constructed. The Arena will have
seating for approximately lO,O00 seats, and have the capacity for arena
football, ice hockey, basketball, concerts, and a full variety of other events.
The New Multi-Purpose Arena will be built in a horseshoe configuration to
permit future expansion. The Arena seating is decked, providing multi-level
seating. Facility seating includes eleven luxury suites, 302 club seats, and
general admission seating. There will be seven concession stands, a private
club and a concourse containing approximately 9,000 sq. ft.
History of Foodservice Operations
In June 2000, PKF Consulting performed a Market Study with prospective financial
analysis for the proposed expansion and refurbishment of the Bayfront Plaza Convention
Center and New Multipurpose Arena. Their analysis contained the following
conclusions:
· PKF identified three basic categories of food and beverage service.
1. Catering, which includes receptions, sit down meals and restaurant activity
in the Bayfront Plaza Convention Center and New Multipurpose Arena.
2. Breaks, which are served during the day between meetings and can range
from a simple coffee service for school district-related meetings to
elaborate buffets for corporate meetings. The food caterer usually services
breaks.
3. Concessions will be served in the New Multipurpose Arena and in the
Exhibit Hall portion of the Bayfi'ont Plaza Convention Center. Concerts
also generate concession revenue in the Auditorium.
The Bayfront Plaza currently has an exclusive concessionaire, but an open
catering policy that allows users to hire the caterer of choice. Caterers pay the
City a 10% commission. The primary reason for this policy is that at present
we only have a catering kitchen, not a full-service kitchen.
Included in the plans for the expansion of the Bayfront Plaza Convention
Center is a new full-service kitchen and commissary. These facilities will be
conveniently located between the Bayfront Plaza Convention Center and New
Multipurpose Arena. When these new facilities have been completed
(approximately August 1, 2004), it is our intention to have an exclusive full-
service food and beverage provider under a Management Fee For Service
arrangement. Outside caterers will only be allowed to work in the Facilities
under special circumstances.
PKF Consulting has estimated the gross food & beverage (F&B) sales (in
2000 dollars) for the Bayfront Plaza Convention Center in the first stabilized
year after the expansion and renovation has been completed to be as follows:
6
Catering $2,935,695
Breaks $427,766
Concessions $430,708
Total $3,794,169
For the New Multipurpose Arena, the operating pro forma has estimated the
total gross revenue from the concession operations will be approximately
$1,286,000 per year when the facility is in full operation.
III. Submittal Requirements
Prior to submittal of the RFQ response, F&B Companies may submit a letter to the City
acknowledging receipt of the RFQ and inform the City of its intent to respond. The
company should also provide the name, address, telephone and facsimile number of the
individual who can address inquiries related to this RFQ and receive clarifications or
addenda from the City.
A non-mandatory pre-proposal meeting will be held at 10:00am on October 24, 2002 in
Room #144 of the Bayfront Plaza Convention Center, 1901 North Shoreline Drive,
Corpus Christi, Texas. City of Corpus Christi staffmembers will be present to answer
questions and to conduct a tour of the Facilities.
Questions concerning this RFQ should be submitted in writing to Harold R. Peterson,
Director of Convention Facilities, P.O. Box 9277, Corpus Christi, Texas 78469.
Questions may also be sent via facsimile to (361) 883-0788. Responses to questions will
be provided to all known proposers.
F&B Companies are required to submit information in the order and format requested in
this RFQ. Failure to do so may cause the submittal to be considered non-responsive to
the RFQ. Information requested in the RFQ and deemed to be privileged and
confidential may be submitted in a separate envelope marked "Privileged and
Confidential Information." The City will use its best efforts to protect such information
from disclosure to the extent allowable by law. Submittals should be addressed to the
City of Corpus Christi Purchasing Division, P.O. Box 9277, Corpus Christi, Texa~
78469. The envelope should be clearly marked "CONVENTION CENTER & NEW
ARENA FOOD SERVICE QUALIFICATION." Submittals may be delivered in
person to the Purchasing Division, City Hall, 1201 Leopard, Corpus Christi, Texas
78401. Any submittals received after the closing time will not be considered.
Information should be submitted in an 8 ½ format in ten (10) bound copies and one
unbound copy. Please do not use ring binders. The City reserves the right to reject any
or all submittals, and to waive any irregularities in the best interests of the City.
· Cover Letter
1. The identity of the F&B Company and any partners, consultants or
contractors included as part of the response.
2. The names of individuals involved in the preparation of the RFQ response
along with their relationship to the F&B Company.
A statement confirming that the F&B Company has sole and complete
responsibility for performing the services as defined in the RFQ and any
addenda issued to this RFQ.
A statement signed by a representative authorized to legally bind the F&B
Company and shall include an identification of the F&B Company as a
corporation or other legal entity.
F&B Company Profile
Data describing the F&B Company's current legal description, date of
incorporation, ownership, corporate office, number or years in business,
size of business, services offered, operating philosophy, financial
performance, persolmel policies, number of total employees and employee
demographics.
A comprehensive list of F&B service facilities operated by the F&B
Company. Include name, address and type of facility, and the name, title,
address, telephone and facsimile number of the client contact or contract
administrator.
3. The most recent audited financial statement of the F&B Company.
Comparable Facility Information
Provide the information for three (3) facilities, presently managed by the
F&B service company, that it deems comparable to the Corpus Christi
Facilities. F&B Companies are asked to elaborate on adjustments that
would be made relative to the Corpus Christi operation.
2. In a table format, F&B service companies should provide the following
information for each of the three service facilities:
a. Location of the facility.
b. The contracting entity (e.g. City, Authority, etc.) including the name of
the contract manager.
c. Square footage of exhibition space.
d. Square footage of meeting space.
e. Square footage of banquet space.
f. Number of seats in Arena
g. Number of seats in Auditorium.
h. Length of term of the F&B service agreement.
i. The number of full-time equivalent employees of the company at the
facility.
j. The number of events held in the most recent fiscal year broken down
into the following categories: conventions, trade shows, consumer shows,
meetings, banquets and other.
k. The number of attendees and events held in the most recent fiscal year
broken down by the same categories as above.
1. For the most recent fiscal year, the total gross food and beverage
revenue.
m. For the most recent fiscal year, the food and beverage expenses of the
facilities.
n. For the most recent year, the amount of fees and/or commissions paid
to the facility owner/operator.
The F&B Company should provide a list of the services provided at the
comparable facilities and note differences from those listed in the Scope of
Services section of this RFQ. This list should indicate which services are
subcontracted and which are provided by the F&B Company.
IV. Selection Schedule and Activity.
DATE ACTIVITY
October 10, 2002
October 24, 2002
November 11, 2002
RFQ issued
Non-mandatory pre-proposal briefing
Ten (10) bound copies and one unbound
copy of the response must be received by
5:00 CST on November 11, 2002.
9
Mid-November, 2002
Responses received by the City after that
date and time will not be considered.
Electronic, telegraphic or facsimile
responses will not be accepted. Submittals
should be addressed to:
City of Corpus Christi
Purchasing Division
P.O. Box 9277
Corpus Christi, Texas 78469
Proposals may be delivered in person to the
Purchasing Division, City Hall, 1201
Leopard, Corpus Christi, Texas 78401.
Review of submittals
The following represents a general timeline of activities with dates subject to
Modification, as necessary.
November 25, 2002
Issue RFP to short-listed firms
January 6, 2003
RFP submittals duc
January 16, 2003
Interviews - Times and location to be
determined
February 17, 2003
Recommendation to and approval of the
City Council to begin contract and fee
negotiations
February 18, 2003
Begin contract and fee negotiations with
selected F&B Company
April 1,2003
F&B Company begins pre-opening phase
August 1, 2004
New Arena commences operation. F&B
Company begins a five-year foodservice
operation at the Bayfront Plaza Convention
Center and New Multipurpose Arena.
10
V. Scope of Services
Pre-Opening Period - The F&B Company will be expected to help the City prepare for
the foodservice operation when the Facilities are completed in August, 2004. Included in
these duties will be assisting the City in the selection of the foodservice equipment,
preparation of menu's and recommendations concerning pricing, advance coordination
with our customers concerning foodservice events that will take place after August 1,
2004, assisting the City staff in the preparation of the budget for the foodservice
operation, and the planning for and hiring of the foodservice personnel.
Contract Period - The F&B Company must be prepared to manage all aspects of the
convention center and arena food and beverage operations in a professional manner and
according to the standards of major U.S. convention centers and arenas. The City expects
the following standards to be achieved in managing the foodservice operation for the
Bayfront Plaza Convention Center and New Multipurpose Arena.
F&B Service Management - Provide professional management for the F&B
service aspects of the Convention center and arena operations. Resources
should be expended efficiently and effectively. Ensure that the facilities are
well maintained, in good order, clean, safe and secure. Provide the City with
information regarding the use, operation, marketing, management, supervision
and maintenance of the F&B service facilities at the Bayfi:ont Plaza
Convention Center and New Multipurpose Arena.
Customer Services - Provide a high level of quality service to clients,
exhibitors and patrons of the Bayfront Plaza Convention Center and New
Multipurpose Arena. Establish operational units and vendor contracts to
provide for all aspects of client and exhibitor event-related requirements.
· Quality Control - Establish methods to ensure that the F&B Company and its
subcontractors provide high quality services.
· Fiscal Services - Maintain records and accounts and prepare operational
reports and budgets.
The selected F&B Company will be required to perform the Scope of Services listed
below. This description of the scope is provided so that the proposing F&B Company
can assess the requirements of the project. For the purposes of this RFQ, F&B
Companies are not required to submit an approach to the scope of services.
Maintain in good condition and account for the inventory of all kitchen
preparation equipment and service equipment, which are to be provided by the
City.
· Provide for the replacement of damaged, lost or missing smallwares.
11
Render food and beverage service in a professional and courteous manner or
cause subcontractors to render such services to our patrons in a professional
and courteous manner.
· Order, receive, and store of all food service supplies.
,, Adhere to the policies of the management of the Bayfront Plaza and New
Multipurpose Arena with respect to use of the facility and patron services.
· Operate the spaces in the Facilities designated for the sale at retail of food and
beverages whether temporary or permanent, at all times required by the City
and Facility management.
· Employ an onsite Food and Beverage Manager ("F&B Manager") at all times
during the period of the Agreement.
· Employ highly skilled professional full-time, on site management staff
possessing the necessary experience and expertise to provide the overall
management of a first class catering and concessions operation.
Provide uniforms to F&B Company employees.
· Provide necessary training to all F&B Company employees and cause
employees to perform the work in a professional and courteous manner.
· Develop and publish a food and beverage operating manual for the Facilities
that sets policies, procedures and established minimum acceptable operational
standards.
· Develop and maintain a standard recipe file for catering and concession
menus.
· Clean and rna'retain all facilities and fixtures used in the delivery of food
services.
· Establish preventative maintenance programs on all food service related
equipment.
· Engage exterminators to control vermin and pests as is necessary or required
by law.
· Manages all refuse and waste materials created by the F&B Company's
operations, including a recycling program.
· Regularly service fire protection and fire extinguishing systems in the kitchen
and food preparation areas.
12
· Develop and execute an acceptable sales and marketing program for the
catering and concession services at the Facilities, including a branding
strategy acceptable to the City and Facility management.
· Conform to all relevant laws, ordinances and regulations of the City, the State
of Texas and the Federal Government.
· Account for all food service revenues and expenses in conformity with
generally accepted accounting practices.
· Provide necessary financial reports to the City and Facility management.
· Collect and promptly disburse all taxes required by Federal, State and local
authorities.
* Cooperate with public safety programs and conduct its operations with due
diligence and care for the safety of all persons at all times.
· Obta'm and hold all pertinent permits and licenses necessary for the sale of
alcoholic beverages and the delivery of food services.
· Provide and maintain throughout the term of the Agreement all necessary
insurance coverage.
· Provide indemnification and hold harmless the City and the Facility
management for any legal liability that may arise from F&B Company acts or
omissions.
· Provide and maintain a liquor license throughout the term of the Agreement.
VI. Evaluation Process and Selection Criteria
The City shall appoint members to an evaluation team that may consist of local City staff
members, hospitality, and business personnel. The City's technical consultants will
support the evaluation team in the review and analysis &submitted proposals. Materials
submitted by interested F&B Companies will be evaluated based upon the criteria listed
below.
· The qualifications and competence of the F&B Company to perform the
requested services, and whose personnel have significant relevant experience.
13
The past performance and the ability of the F&B Company to successfully
manage facilities of similar type as demonstrated by evaluation of previous
clients.
Qualifications will also be evaluated upon the demonstrated understanding of
the importance of successfully operating within the Facilities.
· Responsiveness to the RFQ.
VII. Special Conditions
The RFQ does not commit the City to procure or award a contract for the scope of work
described herein.
All information submitted in response to the RFQ shall become the property of the City,
and as such, may be subject to public review as public records.
The City has sole discretion and reserves the right to reject any and all responses received
with respect to the RFQ and to cancel the RFQ or RFP process at any time prior to
entering into a formal agreement with a management company. The City reserves the
right to reasonably request additional information or clarification of information provided
in the response without changing the terms of the RFQ.
The City reserves the right to waive any technicalities or irregularities in any proposal.
Respondents acknowledge and agree that the City will not be liable for any costs,
expenses, losses, damages (including damages for loss of anticipated profit) or liabilities
incurred by the respondent or any member thereof as a result of, or arising out of,
submitting a proposal, negotiating changes to such proposal, or due to the City's
acceptance or non-acceptance of the proposal.
The City shall provide the release of all public information concerning the project,
including selection announcements and contract awards. Those desiring to release
information to the public must receive prior written approval from an authorized
representative of the City.
Neither the City nor any of its officers, agents, consultants or employees shall be
responsible for the accuracy of any information provided as part of this RFQ (including
appendices). All respondents are encouraged to independently verify the accuracy of any
information provided. The use of this information in the preparation of a response to the
RFQ is at the sole risk of the respondent.
Any terms and conditions of the response to this RFQ will remain in effect for 90 days
after the date of submission. The respondent shall not collude in any manner or engage in
any practices with any other respondent(s), which may restrict or eliminate competition
or othenvise restrain trade. Violation of this instruction will cause the City to reject the
14
respondent's submittal. This prohibition is not intended to preclude joint ventures or
subcontracts.
All responses submitted must be the original work product of the respondent. The
copying, paraphrasing or other use of substantial portions of the work product of another
respondent is not permitted. Failure to adhere to this instruction will cause the City to
reject the response.
The City reserves the right to amend the RFQ through written addenda. The City
reserves the right to waive any portion of the selection process in order to accelerate
the selection and negotiation with the top-ranked F&B Company.
The City reserves for itself all "Pouring Rights" and "Advertising Rights"
15
25
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Ordinances.
September 17, 2002
Ordinance amending Article V, Chapter 57, Vehicles for Hire, Code of
ISSUE: The City is amending the ordinance in response to numerous complaints regarding the
charging of certain fees and unwarranted towing of vehicles from private and public property.
REQUIRED COUNCIL ACTION: The City Counc'fl must approve the revisions to the ordinance.
PREVIOUS COUNCIL ACTION: The ordinance was last revised on 12/21/93 at which time fees
were changed and language modified.
FUNDING: No funding issues are involved.
CONCLUSION AND RECOMMENDATION: Staffrecommends approving the revisions to the
ordinance.
Chief of Police
BACKGROUND INFORMATION
Over the past few months, the City has received numerous complaints regarding the charging of
excessive fees and unwarranted towing of vehicles by area wrecker businesses. The proposed
amendments to the ordinance address the complaints received as well as the proper and safe
functioning of the auto wrecker towing business.
The modifications to the ordinance include changes in language since the last major modifications to
the ordinance were in December, 1993. The major changes to this ordinance are listed below:
1. Expands the definition of"auto wrecker" to include wreckers that tow improperly parked,
repossessed or abandoned motor vehicles.
2. Further defines a "consent tow" to include all tows, not just non-impoundments.
3. Removes exclusion of private property impounds from regulation trader the ordinance.
4. Creates new criminal offenses:
· to wrongfully tow a vehicle from private property;
· to tow a vehicle from a public street without consent, or at direction of a police
officer;
· to tow a vehicle from private property that is not properly sign posted;
· to violate any section of the wrecker ordinance~
5. No towing fee may be charged or collected, or if paid, refunded, if a veNcle has been
wrongfully towed.
Requires any wrecker with a business in the city and conducting tows that either start or end
within the city, to obtain a permit. This includes wreckers that only do salvage and/or
repossession tows.
Establishes a criminal offense to conduct a non-consent tow within the city limits without a
permit.
8. Revises the permit system, creating a rotation list permit and an auto wrecker permit. This
will provide for the permitting of all companies within the city.
9. Sets permit fees:
· Application fee for auto wrecker permits $100
· Operation fee per wrecker $126
· Application fee for rotation list permits $315
· Operation fee per wrecker $126
10. Provides for Police Department to issue annual permit decals affixed to the driver's window.
11. Requires wreckers to paint on their vehicles the sign "DROP FEE $35"
12. Adds probation to possible discipline that may be imposed on a permit holder (now includes
suspension and revocation)
13. Allows a permit to be suspended, revoked, or put on probation for violations of any law,
complaints of deceptive bus'mess practices or substantially unreasonable overcharges for
consent tows.
14, Establishes new maximum fees as listed below:
Description Current Recommended
Rotation list tow fee $50 $75
Private Property Impound No cap $85
Drop fee $50 $35
Additional labor $20 $30
Total maximum fee:
Rotation List $95 $130
Private property No cap $140
Walt time $10 $15
Unusual distance fee:
For tow originating from US77/IH37 and from $0 $15
the area within City limits west of US77flH37
For tow originafmg from area within City limits $0 $15
north offish Pass to Port Aransas City limits
Large wreckers:
Tow fee $95 $200
Walt time $30 $50
CORPUS CHRISTI CODE OF ORDINANCES
CHAPTER 57 VEmCLES FOR HIRE
ARTICLE V. AUTO WRECKERS
INTERIM CHANGES TO P, ROP0~ED ORpINANC~
This item was on the City Council agenda September 17, 2002, at which time it was
tabled to allow city staff to resolve any remaining questions of wrecker company owners
regarding the proposed changes. At, er further discussions and a meeting with wrecker
representatives, the following amendments were added to the proposed ordinance designed to
improve fairness, clarity and enforceability:
Sect. 57-220 Definitions
Adds several new definitions and clarifies certain existing terms:
1. Consent tow: adds a provision that a wrecker operator may consider an agent's apparent
authority in determining whether the wrecker is getting consent to tow from an authorized
party.
2. Drop fee: defines the fee to be charged in lieu of a towing fee where, at, er a wrecker has
been dispatched to, or is at the scene of a tow, and has started to physically attach the vehicle
to the auto wrecker, and the vehicle has not yet been towed from the scene, when the owner
requests its release.
3. Non-consent tow: excludes from regulation under the ordinance tows initiated by taw
enforcement agencies other than CCPD.
4. Parking facility: defines a parking facility to match state law as any public or private
property used in whole or part for paid or restricted parking.
5. Private property impound: provides a definition of PPI as a non-consent tow conducted
from private property.
6. Rotation wrecker and Wrecker company: clarifies the definitions that a wrecker company
holds an auto wrecker permit and a rotation wrecker holds a rotation list permit.
Sect. 5%221 Offenses
Clarifies that an offense is committed when a vehicle is towed from a parking facility and the
signage or notice provisions of the Texas Transportation Code have not been met.
SecL 57-222 Permit required
Deletes an exception to the ordinance for government-owned wreckers (which must he
pleaded and proved by the prosecution in any criminal matter) and creates a defense to
prosecution (which must he pleaded and proved by a defendant) that the wrecker was owned
and operated by a government body, or that the wrecker was operated solely for the transport
of salvage vehicles.
Sect. 223(d) Permit application
Clarifies that the holder of a rotation list permit need not also hold an auto wrecker permit for
owned wreckers not on the rotation list.
Sect. 5%224 Application and certification
Adds the requiremem that wrecker operators wear bright-colored safety vests at aecidem
scenes and locations where high visibility is required.
Sect. 57-233 Suspension, probation and revocation
In other to further strengthen the principal that allowing action against a permit for deceptive
business practices is, in fact, a safety-related provision with only an incidental impact on
economic regulation, wording of the proposal has been revised to allow action against a
permit for:
"susta'med complaints of repeated deceptive business practices, including but not
limited to, unconscionable actions or courses of action as defined by state law."
Sect. 5%254 Maximum fees
Corrects some math; sets the maximum fees for tows requ'u'ing additional time, labor and
equipmem at $135.00 for rotation tows and $145.00 for private property impounds. Also
clarifies that in the case of multiple vehicles, an extra fee may be charged for a vehicle and
trailer too large, or too heavily loaded to be safely towed by a single wrecker. Also provides
that a fee schedule shall be attached to consent tow invoices unless the vehicle owner consents
to the omission.
REMAINING ISSUES
It is anticipated that wrecker representatives will object to the issue of allowing
disciplinary action to be taken agama a permit holder for deceptive business practices as
being preempted by federal law. Wrecker owners will also dispute the requirement of a
"DROP FEE $35.00" sign affixed to the door of a wrecker as causing more problems than it
resolves. It is also believed wrecker owners will request the addition of an hourly fee rate for
working time while using large wreckers. Staff is not currently recommending the
establishment of a working time rote.
AN ORDINANCE
AMENDIHG ARTICLE V, CHAPTER 57, VEHICLES FOR HIRE, CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING THE
PROVISIONS REGARDING AUTO WRECKERS; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION,
WHEREAS, The proper and safe functioning of the auto wrecker towing business has a
significant impact on the safety and welfare of the general public since it involves the usa of
public streets of the City, often in circumstances necessitating prompt, competent removal of
dangerous traffic obstructions, and providing appropriate services to citizens who can be
stranded in particularly vulnerable positions; and
WHEREAS, The City has the authority granted under state law and 49 U.S.C. Section
14501(c)(2)(A) and (C) to regulate auto wreckers with regard to safety, minimum amounts of
proof of financial responsibility and with regard to pdces charged by auto wreckers in
transporting motor vehicles without the prior consent or authorization of the owner or
operator of the motor vehicle; and
WHEREAS, the authority of a municipality to establish and enforce regulations impacting
auto wreckers and their operations has been upheld by the United States Supreme Court in
City of Columbus v. Ours Garage and Wrecker Service, 122 S. Ct. 2226 (2002); and
WHEREAS, The City Council of the City of Corpus Christi finds it necessary to enact
regulations providing for the safety of its citizens, financial responsibility requirements for
auto wreckers and pdces for non-consent tows without otherwise regulating the price, route
or service of auto wreckers operating within city limits;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Section 57-220, Code of Ordinances, the definitions of auto wrecker, consent
tow, non-consent tow and unauthorized vehicle are revised to read as follows:
Sec. 57-220. Definitions
As used in this article, the following terms shall have the respective meanings ascribed to
them:
Auto wreckec Any motor vehicle used or designed for the purpose of towing, carrying,
pushing, or otherwise transporting a disabled, impounded, im~)rocerlv parked, reoossessed.
or abandoned motor vehicle.
Consent tow: Any Re~Am~eeRda~ tow conducted with the permission of, or at the direction
of, the towed vehicle's legal or registered owner, or such owner's aooarent authorized
representative. Except as set forth in the definition of 'non-consent tow' below, a tow will be
considered a consent tow where the owner is able to give consent. The vehicle will be towed
to the location designated by the vehicle's legal or registered owner, or such owner's
authorized representative =~ ~:'~" ~ "~" '" ~'~ "'" ...... ~ ............. , k....~
seetien.
Drop fee: The price to be cha~ed in lieu of a towin~l fee where, after an auto wrecker has
been dispatched to,.or is at the scene of a tow, and has started to ohvsicallv attach or
connect the vehicle to the auto wrecker, and the vehicle has not been to.wed from the scene
when the vehicle owner requests its release.
Non-consent tow: Any impoumJmeRt tow conducted without the permission er authorization
of, cr ~ct =t 5h: ............ the vehicle s legal or registered owner, or ..... the owner's
authorized representative, regardless of the vehicle's location or condition. Towing of the
vehicle of a person who has been taken into custody by a law enforcement agency is
considered a non-consent tow. Any impoundment tow from the scene of an accident is
considered a non-consent tow. Towin,q fees shall be chaff:led end paid
"Lc*. as set by this-seetie~ article. Th!: d-~fin!*.!c~ -"-~" ''~ ..........
i~/ate-pmpe~. This definition includes all tows from pdvate property conducted without the
vehicle owner's or representative's ....~ ,k~ ,..~..;.... ,~., .... .k;..k
consent, _., ............................ ..~.:
· .*k. ......... . ..* * ....... ..,..k..~.~.* ;.. ~=,.*;,.,. 57 2~~ A non-consent tow under this
article does not include tows initiated by law enforcement agencies other than the CORPUS
Christi Police Department.
Parking facility. Any public or pdvate property used, in whole or in part, for paid or restricted
parkin!q.
Private property impound: A non-consent tow from privete property.
Rotation wreckec An auto wrecker company permitted to conduct police-initiated rotation
and impound towina as well as towino work for compensation wi~in the territorial limits of the
City of Corpus ChdSt! Tk ...........
Unauthqdzed vehicle A vehicle parked, stored1 or located on a parkin~:l facility without the
consent of the parkin~l facility owner.
Wrecker company. An auto wrecker company permitted to conduct towin!:l work for
compenSation w.ith n. the terfitoda I m ts of the City of Corpus Christi.
SECTION 2. Section 57-221, Code of Ordinances, is revised to read as follows:
Sec. 57-22t. Offenses; Penalty.
(a} A Demon commits an ¢ffense if the person intentionally or knowir~lly without c~nsent of
the vehicle owner, operator, or authorized representative of the owner tows or causes the
towinR of a vehicle from private property, other than an abandoned, junked, ille.qally parked,
trespassin~l, repossessed, or unauthorized vehicle.
Cb) A Demon commits an offense if the person intentionally or knowinRly tows or causes the
towir~ of a vehicle from any public street, ri~ht-of-wav, beach, or oublio property without the
consent of the vehicle owner or operator, or at the direction of a sworn peace officer actinl:l in
his official capacity.
(c) A pemon commits an offense if the person intentionally or knowin~lly tows or causes the
towin,q of a vehicle as a unauthorized vehicle, in accordance with the Texas Transportation
Code, from a parkin,q facility that is not properly si[qn posted, or that the vehicle owner has
not received proper notice, or that the vehicle was not left in violation of Section 684.011 of
the Transportation Code, or that the vehicle was in or obstructin,q a paved driveway or
abutting public roadway used for enterin,q or exitin~q the facility..
(d) A person commits an offense if the person '-'~"~=~ * ......... ~ ....... ~ ....... ~..~. i,.
vielatier~ef violates any section of this article. Unless otherwise stated, a culpable mental
state is not a required element of an offense under this art c e. An offense under this section
cr punishable as provided by Section 1-6 of the City of Corpus
Christi Code of Ordinances.
(e) No t0win.q fees or cha~es may be imposed or collected, and if paid, shall be refunded
within five working days, for a tow conducted in violation of this article.
SECTION 3. Section 57-222, Code of Ordinances, is revised to read as follows:
Sec. 57-222. Permit required.
(a) It shall be unlawful for any person, firm, corporation, or partnership with a place of
business with n the territorial limits of the City of Corpus Chdsf;i to ddve or operate, or cause
to be driven or operated, any auto wrecker for the purpose of transporting a ~Jsabled-~
~mT-c::.-,-'~-d vehicle c,-.
depaman~t for comt~ensation from any location or to any location within the city limits of the
City of Corpus Chdsti without first having obtained ap~ut4~vmel~ permit issued under the
provisions of this article ................ o"'~ '-'-=-~*~'~ "' '~ .... '-"~--'.~'-' ~,-+~+ .....
(b) An auto wrecker owner, agent or employee comm ts an offense if the auto wrecker
conducts a non-consent tow from any location or to any location within the terdtoda! limits of
the City of Corpus Chdsti and does not hold a permit as issued under this article.
(c) It is a defense to the offenses in this article that the auto wrecker was owned and
operated by a aovernmental entity or that the auto wrecker was operated solely for the
transportation of salvage vehic es
SECTION 4. Section 57-223, Code of Ordinances, is revised to read as follows:
Sec. 57-223. Application, contents, fees.
(a) {C~eRem#y-J-Any person, firm, corporation, or partnership desidng to operate one (-1-) or
more auto wreckers for compensation in the City ef-Ceq)usC, hri~ shall make an odginal or
renewal application for an auto wrecker permit or an auto wrecker rotation list permit to the
chief of police as follows.
Original application.
(1) L!~ An odRinal application and renewal application shall contain the name, address,
and current phone number of tole all ownem_.
A..~_. If the owner of the auto wrecker is a padnership, the application .shall contain the
partnership's name, address, and phone numbers and the names, addresses, and
phone numbers of all partners.
B. If the applicant is a corporation, the application shall state the corporate name, the
office address, and phone number of the corporation, together with the names,
addresses, and phone numbers of the president and secretary of the corporation.
(2) For an auto wrecker oermit, the owner shall list each wrecker the owner wants to
permit and attach a copy of the Texas License Receipt and the Texas Tow Truck
Registration for each wrecker.
(3) For a rotation list permit, the Oowner shall list each wrecker the owner wants to
permit, the certification (Category A or Category B auto wrecker, see section 57-254),
and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration
for each auto wrecker ev~.
(4) Owner shall provide proof of ownership of all auto wreckers listed on the wrecker
permit or rotation list permit issued.
(5) Owner shall provide a current certificate from the county tax assessor-collector that
all City of Corpus Chdsti taxes on all property, real and personal, to be used in
connection with the owner's auto wrecker business are paid.
(6) For an auto wrecker rotation list permit, the owner Owne~ shall provide a copy of a
deed to or lease for the proposed location for the auto wrecker business and storage
facility and wdtten verification of the zoning of the proposed location from the city
planning department.
(7) Owner shall provide a wdtten statement that he will comply with the provisions of
this article and of all other ordinances, statutes and state laws applicable to motor
vehicles and auto wrecker businesses. Further, that owner will ensure compliance with
said laws by all his auto wrecker ddvers.
(8) Owner shall provide a A copy of owner's Texas Sales and Use Permit.
(9) A copy of owner's certificate of occupancy at the proposed business location.
(10) For an auto wrecker rotation list permit, the owner QwRer shall provide a A copy of
owner's current Texas Vehicle Storage Facility License. Owners licensed under Texas
Motor Vehicle Commission must also obtain a Texas Vehicle Storage Facility License.
(11) A copy of owner's certificate of insurance, see section 57-232.
(12) A list of all owner's auto wrecker ddvers, including each one's name, social
security number, date of birth, ddvers license number and state of license.
(c) Renewal application. Owner shall provide:
(1) Written confirmation of any changes in information supplied by previous application
or renewal.
(2) A current certificate or currant receipt marked paid from the county tax assessor-
collector that all city taxes on all property, real and personal, used in connection with
the owner's auto wrecker business ara paid.
(3) For an auto wrecker rotation list permit, the owner Qwne~ shall provide a ,~ copy of
owner's current Texas Vehicle Storage Facility License.
(4) Owner's insurance company shall provide a current certificate of insurance.
(5) ^ copy of owner's current Texas License and Receipt and Texas Tow Truck
RegistratiorJC:b C:~.
(6) A copy of the Texas Tow Truck Registratior.~C'-b C=~ for each new auto wrecker.
(7) A list of all owners' current auto wrecker drivers and required information [see
section 57-223(b)(11)].
(d) Original Application or renewal application. The appl cation for an auto wrecker or auto
wrecker rotation list permit Sakt-applir~ien~r renewal applicatiOn shall be accompanied by
an application fee of ~ ($100.00). If the application or renewal is denied,
E.'ft'.; Ec!!".'=. ($50.00) of the fee shall be kept to cover the cost of reviewing the application or
renewal application. If application or renewal is approved, the owner shall pay the permit
fees as provided in section 57-226.__v ° .... ,._......~* ~.___, ..... __v.._.."~"" _.~'~ ___.')'~ The holder of a rotation
I st permit need not also hold an auto wrecker permit for additiona! owned wreckers not on
the, rotation list.
(e) InsPection. Upon receipt by the police department of the foregoing information, any
applicable the storage facility and all auto wreckers will be inspected by a police department
representative as soon as practicable in accordance with the provisions of sections 57-224
and 57-240...._
SECTION 5. Section 57-224 (a) and (h), Code of Ordinances, is revised to read as follows:
Sec. 57-224. Appl~e~on and certiflca~on.
(a) The chief of police or,the police chief's desianee shall review each auto wrecker permit
application and each auto wrecker rotation li~t permit aoolication for compliance with this
article, and he shall inspect and certify each listed auto wrecker, business location, and
storage facility for rotation list permits if each listed auto wrecker meets the requirements of a
.rotation list Category A or Category B auto wrecker, and if the business location and storage
facility are acceptable and propedy zoned.
(b) (2) Be equipped with a power winch, winch line, and boom, with a factory-rated lifting
capacity of not less than =!;h'. thc'-'-.=.-.d (9,000) pounds, single-line capacity, If a hydraulic
wheel lift is installed, it must have a factory-rated capacity of not less than .~.'= ~'..v.~.._'~ r,.......v
h~' ...... , ..... , ,. ...... 4,000 pounds. If the unit does not have an established factory-rated
lifting capacity, then such capacity shall be determined by a testing procedure approved by
the chief of police.
(e) (14} A reflective, bd,qhtly colored safety vest which must be worn by the auto wrecker
operator at the scene of any acc dent or any ocat on where hi,qh visibility is required.
(h) All auto wreckers shall have flashing or rotating overhead waming lights that are in good
working order, with lenses free of oxidation, that rotate, that are clearly visible dudng daylight
hours and that comply with the ~ ~";~"'~" '~'~ o .... ~..~i,... -r.~,...... wi,.~. ....... -r .... ,-,~.,~
, ' applicable provisions of the Texas Transportation Code.
SECTION 6. Section 57-225, Code of Ordinances, is revised to read as follows:
Sec. 57-225. Notice of disapproval of application Or renewal; correction of defects.
The chief of police or the police chief's desi,qnee shall give owner wdtten notice of failure of
any application or renewal to meet all requirements, which requirements were not met, and
*";-~" (30) days to remedy any defect and/or meet ail requirements. If owner does not
remedy all defects and/or meet all requirements during the thirty-day cure period the chief of
police shall deny the application or renewal lc:
SECTION 7. Section 57-226, Code of Ordinances, is revised to read as follows:
Sec.$7-226. PermEissuance.
(a} The chief of police shall issue an auto wrecker permit to each owner whose application
complies with all requirements of this article upon owner's payment of an auto wrecker
operation fee of $126.00 for each auto wrecker permitl;ed to owner's issued permit number,
and the chief, of police shall issue an auto wrecker rotation list permit to each owner whose
application complies with all, requirements of this article upon owner's payment of a ~
h~ed-~e~-della~-(~315.00) permit fee.
lb) The ee~4:m~dmd,~ ($100.00) application fee shall be applied to the permit fee.
lc) In addition, the owner shall pay an auto wrecker operation fee of e~
....... ($126.00) for each auto wrecker permitted to owner's issued permit number.
SECTION 8. Section 57-227, Code of Ordinances, is revised to read as follows:
Sec. 57-227. Notice of denial; appeal.
The chief of police shall notify the owner in wdting of denial of an auto wrecker or rotation list
permit application at the business address in the application by United States mail. Owner
may appeal the denial, within ten,~"n~.v, days of the date of the notice of denial, by sending a
letter to the m=;,'c; City Manager stating that an appeal from the chief of police's ruling is
desired, r.=~. cc'.:'..-cil The City ManaRer or the City Manac3er's des~nee shall promptly and
within thirty,v-,~n~ days after receipt of the appeal hear the appeal and sustain, modify, or
reverse the police chief's ruling. The aute-wr~rmit shall not be issued until "~'~.., ....... w......"
the City Manaf~er or the City Manaf:ler's desif:lnee has heard the appeal and acted to sustain,
modify, or reverse the police chief's ruling.
SECTION 9. Section 57-228, Code of Ordinances, is revised to read as follows:
Sec. 57-228. Permit term.
(al Each auto wrecker and rotation list permit shall be issued for one (-1-) year from January 1
to December 31.
lb) If any auto wrecker or rotation list permit is issued for less than one (4) year the three
~315.00) permit fee and ............. *--'~'-'-'......., v...~'- "^"-'-.~.._. ($126.00)
operation fee per auto wrecker shall be prorated based on the number of months remaining
until December 31.
lc) Renewal fees will be paid in the same manner as set out above.
(d) There will be no refund of permit fees or operation fees.
SECTION 10. Section 57-229, Code of Ordinances, is revised to read as follows:
Sec. 57-229. Permits numbered; identification on vehicle: dror~ fee sien.
(al Each auto wrecker and rotation list permit issued by the chief of police shall be numbered
consecutively and each auto wrecker and rotation list permit holder shall affix =3!d ""lc
va:et, kef- the permit number in clearly legible numerals to all doors of each auto wrecker
covered by =3!d the permit. All ==!E identifications and permit numbers shall be permanently
affixed in letters no less than two (2) inches high.
lb) The chief of police shall issue annual permit decals for each permitted wrecker. The
decals shall be affixed to the driver's side window of each permitted wrecker.
(c) Each auto wrecker and rotation list permit holder shall permanently affix to the ddver's
side door of all permitted a~to wreckers in cleally le~lible letters no less than tWo inches hi;ih
a sign readinR: 'DROP FEE ~35.00."
SECTION 1'1. Section 57-230, Code of Ordinances, is revised to read as follows:
Sec. 57-230. Substitution of vehicle; fees.
An owner may substitute an unpermittad auto wrecker for one which has been permitted
upon providing written notice of intent to substitute. The notice shall contain all information
required by section 57-223. '-~'"~'"- ~k ....k~,~...*.. ~ .... · .....~
............................. ;,..,., cr c:t=?,cr; 0- :'_'~
w~nd owner shall pay a twer~,-dellar ($20.00) inspection fee for each substitute auto
wrecker. If the substitute auto wrecker complies with the requirements of section 57-223,
owner's aate-wmeker permit shall be amended to add the substitute auto wrecker and delete
the auto wrecker owner designates.
SECTION 12. Section 57-231, Code of Ordinances, is revised to read as follows:
Sec. 57-231. Adding vehicles; fees.
Owner may add one (!) or more additional auto wreckers to the aute-wmGke; permit by filing
a supplemental application containing all information required by section 57-223. If the
additional auto wrecker complies with the requirements of sections 57-223 and 57-224,
owner's aute-wmeker permit shall be amended to add the additional auto wrecker(s). The fee
for adding auto wreckers to ae~a~k~-w~'e*'~,er-permit shall be ch: k,,..,~.~.~ ,...~..,.. ~;...,...~
($126.00) prorated based on the number of months remaining until December 31, provided,
the minimum fee for adding an additional auto wrecker shall be ...~ft'.; dc!!:."c ($50.00).
SECTION 13. Section 57-232, Code of Ordinances, is revised to read as follows:
Sec. 57-232. Insurance.
(a) An owner shall procure, and keep in full force and effect, all insurance policies required
by this section. At the time of initial registration, and upon renewal, a certificate of insurance
must be filed with the chief of police. The certificate must certify the type and amount of
insurance coverage and provide immediate notice to the chief of police prior to cancellation
or matedal change in the policy.
(b) Th .............. ;~;*~e ' '
:=r~h "'-~.c '.-..'r:"~r := fc!!cv:=: The City's Director of Risk ManaRement shall establish the
minimum amount and type of insurance under the provisions of .Section 17-15 of the Code of
.Ordinances.
/'~,_, Each auto wrecker must be insured so as to meet the requirements of all other applicable
statutes in addition to meeting the insurance requirements set forth in this article.
(e-)-(d) An auto wrecker permit issued under this article shall automatically be suspended
upon cancellation or expiration, for whatever reason, of any insurance required by this
section.
(f)-Said~e) The policies shall contain a clause naming the city as an additional insured. The
chief of police shall have authority to increase the above requirements upon th!."'.; (30) days'
written notice to all owners.
(;',) {f) An odginal renewal certificate of insurance shall be provided to the chief of police at
least fiffeem(15) days before the ending date of any insurance in effect for each owner.
Failure to comply will result in the owner being deleted automatically from the rotation list
until the next monthly rotation list is published following the receipt of said renewal certificate.
SECTION 14. Section 57-233, Code of Ordinances, is revised to read as follows:
Sec. 57-233. Suspension: probation and revocation--Procedure, appeal.
(a) Notwithstanding any penal provisions contained in this Code, the chief of police
shall be authorized to revoke, er-suspend, or place on probation any auto wrecker or
rotation list permit for a violation of the state law, city ordinance or any other
regulations governing the operation of an auto wrecker, and for sustained complaints
of repeated deceptive business practices, includin;I but not limited to unconscionable
actions or courses of action as defined in state law, if ::!d v!c!:t!:.~ .lc committed by an
auto wrecker owner, his agents or employees. Such suspension or revocation or
probation shall be made in accordance with the following procedures:
(1) Upon complaint against any owner a~3ent or employee by any person, or upon his
own motion, charging a violation of any provision of any city ordinance, the regulations
goveming auto wrecker permits, or any state law, the chief of police or his desi;Inee,
after giving five (6) days' notice of the grounds of such complaint to the owner against
whom the complaint is made, shall hold a hearing at which all persons with relevant
information regarding the complaint sh=!! may be heard. At the conclusion of said
headng, the chief of police <;)r his desit:lnee may issue a warning to the owner or he
may permanently revoke or suspend the permit or may put the permit on probation.
Previous warnings, probations or suspensions within the preceding two (-2-) years may
be considered by the chief of police or his desi;inee in making hi= the decision.
(2) If the chief of police or his designee suspends the permit, said suspension shall be
for a period of not more than ..... ~'-*,,, ~50), days .... "-'~ t.. ~'= -..'~'~.~c "~!c.-.. ...._..~---" ~_~ ~'"~...._.. If the
chief of police places a permit on probation, the period of probation shall be for not
more than six months, and the chief's action shall he final.
(3) If the chief of police or his designee revokes a permit permanently or suspends a
permit, he shall notify the owner in writing of the reasons therefor. Said The notice
shall be deemed sufficient if posted in the United States mail addressed to the owner's
business address as contained in the original application for a permit or the latest
renewal application ~. The owner shall have the right to appeal
within ten /~n~,.v, days from the date of the notice of revocation by sending a letter
addressed to the m--.~,'cr City Manager stating that an appeal from the ruling of the chief
of police is desired. If an appeal from thc......=-'~"" v. ''~ *~'"..._ "~;"~_..... v. ^~ ~.v..~-"-';~ is perfected, as
herein provided, the ruling of the chief of police shall be SUSpending pending a hearing
by the ~.., ....... City Mana~ler or his des~f;Inee. CLx,· cc'.:'.-.c!! The City Mana.qer or his
desif:lnee shall promptly and within thirty (30) days, hear such appeal and shall either
sustain, modify, or revoke the ruling of the chief of police. If no appeal is taken from the
ruling of the chief of police within the time provided in this section, or If the _., .......
City Mana.qer or his desilqnee does not hear the appeal within thirty (30) days from
receiving notice of appeal, the ruling of the chief of police shall be final and the permit
revoked or suspended. VVhen a permit' , revocation is upheld, the
owner shall remove the city permit number from the sides of all wreckers previously
permitted, within five (6) working days of such notification.
SECTION 15. Section 57-234, Code of Ordinances, is revised to read as follows:
Sec. 57-234. Same Waiting period after revocation.
NO person, firm, partnership or corporation whose auto wrecker or rotation list permit has
been revoked shall be eligible to apply for a new aute-wr-e~J<er permit for a period of at least
one (1-) year from the date of s'.'-'~, revocation.
SECTION t6. Section 57-237, Code of Ordinances, is revised to read as follows:
Sec. $7-237. One company per business location.
Only one (-1-) permitted auto wrecker business and storage facility may operate by any one
(-1-) business address and/or location, regardless of whether the same person, partnership, or
corporation owns mere than one ~ permitted auto wrecker business. If two (2-) or more auto
wrecker businesses were in operation at the same business address and/or location prior to
March 8, 1988 they are exempted from this section. However, any owner whose auto
wrecker or rotation list permit is suspended or revoked by the chief of police, who voluntarily
removes himself from the wrecker rotation list, or who fails to renew his permit shall lose the
exemption and may not resume auto wrecker operations at the same business address
and/or location as another permitted auto wrecker business. Each owner may only operate
auto wreckers which are permitted to him in response to any call for service from the Corpus
Christi police department.
SECTION t7, Section 57-238, Code of Ordinances, is revised to read as follows:
Sec. 57-238. Twenty-four hour service.
Each owner holdinQ a rotation list permit shall maintain sufficient personnel and auto
wreckers to provide twenty-four-hour auto wrecker service under normal circumstances.
Each owner shall have at least one (-1-) telephone number which is answered twenty-four-
hours a day, seven (7) days a week by that auto wrecker business at its business address
and/or location, without routing telephone calls through a switchboard. Routing telephone
calls through a switchboard shall be grounds for suspending or revoking the aute-wrec~e~
SECTION 18. Section 57-239, Code of Ordinances, is revised to read as follows:
Sec. 57-239. Vehicle storage facility; attendant at business address and storage area.
An auto wrecker rotation list permit shall be issued only to an owner who has a properly
zoned vehicle storage facility at its business address which meets the following
requirements:
(-1-) (a) The storage area shall be completely enclosed with a wire or wooden
fence at least six (6) feet in height or as required by the zoning ordinance,
whichever requirements are greater, including a gate which is locked at all times
the owner or an agent or employee is not at the storage area. The fence shall be
continuously maintained in good condition.
,~,~"~ ,/b)The storage area shall have an all-weather su#ace such as concrete,
asphalt, black-top, stone, macadam, limestone, iron ore, gravel, caliche, or shell
that allows for the delivery and release of vehicles in all weather conditions.
(,3) (c) The storage area shall have a sign at the entrance which is clearly
readable from the street setting out the name of the auto wrecker business, the
street address, correct telephone number, and the hours vehicles will he
released to vehicle owners.
(4) ~d)The storage ama shall have a sign setting out the per diem charge for
storage and all other fees which may be charged by the owner. This sign shall
be clearly visible to a vehicle owner prior to the payment of any fees.
(6) (e)Owner shall maintain adequate illumination levels throughout the vehicle
storage facility which shall not be less than one-half ~d/~) foot-candies where the
vehicles are stored; one (-1-) foot-candles in the traffic lanes; and five (6) foot-
candles at the entrance.
(6) (f) Owner, his employee, or agent shall be at the auto wrecker business
address and shall have access to the vehicle storage facility, and all vehicles
stored there, during normal business hours.
~ Owner shall have a publicly listed phone which is answered at the business
address twenty4eu~ (24) hours a day seve~ (7) days a week using the name
permitted to owner. Use of an answering service which places the police
dispatcher on hold, or answering machine, is prohibited. Use of call fon#arding
off-site is only permitted if the owner or auto wrecker is on-duty for receipt of
assignments.
(h) The police dispatcher shall not be placed on hold to answer incoming calls.
Placing the police dispatcher on hold prior to obtaining all pertinent information
may subject an owner to being moved to the bottom of the rotation list at the
police chief's discretion.
(i) If an owner wishes to change the business address or phone number, that
owner must provide written notice to the police chief at least five (-6-) days after
the phone number is changed.
SECTION t9. Section 57-240, Code of Ordinances, is revised to read as follows:
Sec. 57-240. Inspection of vehicle storage ~.!:c: facility.
Prior to the issuance of an auto wrecker rotation .list permit, the chief of police or his desi,qnee
shall inspect the vehicle storage area to determine that it meets the provisions of section 57-
239 and that it is reasonably secured to protect stored vehicles against theft and vandalism.
He The inspector shall also check with the department of planning to ascertain whether the
storage area is located in a zoning district which allows auto wrecker businesses and vehicle
storage facilities.
SECTION 20. Section 57-241, Code of Ordinances, is revised to read as follows:
Sec. 57-241. Prerequisite to towing impounded or disabled vehicles.
(b) No auto wrecker shall winch, fight, or tow any vehicle which exceeds the auto wrecker's
weight limitations, except in case of an emergency as determined by a certified peace officer
at the scene.
(e) (b) ,Ner,-~e~e~ Rotation list tow .....................
rme,-~mt-tew Impounded vehicles towed by police-initiation off the rotation list shall be
taken to the city impound lot. Disabled vehicles shall be taken to the wrecker's vehicle stora~qe
facility. The auto wrecker dispatched for a ,=~erment rotation list tow shall be the next
scheduled rotation wrecker, unless the owner or ddver of the vehicle to be towed requests the
on-scene police officer to send another permitted auto wrecker prior to the time the next
scheduled rotation wrecker is dispatched to the scene.
(d) Consent tow .~. ' --- '~'~ .... " ..... ~--;'-'- *'-- +'-= * ....
· ...r---..-~ ...... '~ ._..~"* The auto wrecker dispatched for a consent tow shall be the next scheduled
rotation wrecker unless the vehicle owner or driver:
(1) Personally calls an auto wrecker of his/her preference, or
(2) Requests the on-scene police officer to send another permitted auto wrecker=
,o-Erior to the time the next scheduled rotation wrecker is dispatched to the scene. A not-for-
hire wrecker belonging to the owner may be celled by the owner for a consent tow.
(e) No vehicle shall be towed by an auto wrecker which does not display a Texas tow truck
plate, a Texas license plate, and a City of Corpus Christi wrecker permit decal.
(0 In a situation where safety or time dictates otherwise, the peace officer on the scene may
direct actions inconsistent with these requirements.
SECTION 21. Section 57-243, Code of Ordinances, is revised to read as follows:
Sec. 57-243. Dispatching in rotation.
(a) The police chief shall establish an equitable rotation list system of the owners holding
auto wrecker rotation list permits, where each owner is dispatched in rotation to the-seerm-ef
=,-, !mpc~:,':,d=d c; d!==b!_'-'d. ':=h!c!c a police-initiated tow. No police officer or dispatcher shall
cause any auto wrecker to go to the scene of a disabled or impounded vehicle other than the
next scheduled rotation wrecker unless:
(1) The closest wrecker is sent because:
a. An extreme emergency situation exists where a human life is at stake; or
b. An accident has blocked a traffic lane on the Harbor Bddge, Nueces Bay Causeway, JFK
Bridge or causeway, Interstate Highway 37, State Highway 77, State Highway 286, State
Highway 358, State Highway 44/358 interchange, or the respective highway access read
intersections where traffic congestion is causing traffic to backup on those highways; or
(2) The owner or ddver of a disabled or impounded vehicle wants to use another auto
wrecker than the next scheduled rotation wrecker and requests that company pdor to the
next scheduled rotation wrecker being dispatched to the scene.
(c) Failure to provide the card and fee schedule may result in revocation or suspension or
pfo~tion of owner's auto wrecker or rOtation list permit, which may be appealed as set out in
section 57-233.
SECTION 24. Section 57-254, Code of Ordinances, is revised to read as follows:
Sec, 57-254. Maximum auto wrecker service and storage fees.
The following towing fees shall be paid by the person reclaiming the ~
towed vehicle '-'-"~ ~*-~ "," .... .~.~. ;, ~,~.~,,~ ,,,, ,,, ~,, ,,~.;.a~ ~, ........ ~..~.~ ,,,, .....
~ ~'J ....... ' * ..... ~ ...... '~-~ "~"~"~ (a) Police-initiated non-consent rOtation list tow
fees will be paid to the city at the city vehicle impound lot.
~.~ r, ..... ~ ~ .... ~'~-"~'~'~ "~'a"~'~ (b) All other fees will be paid to the a~ auto
wrecker company according to that company's policy.
................ ,. ........... ~ ..... , , a vehicle owner or operator has paid all applicable
fees and. charges and reauests the release of a vehicle, after an auto wrecker has arrived at
the scene and. staded physically attaching the vehicle to the auto wrecker, and before the
vehicle has been towed from the location, the auto wrecker owner or ddver shall release the
vehicle upon payment of a drop fee in lieu of a towing fee.
(4) (d) Maximum towing, storage and administrative fees.
~ 1. All permitted wreckers other than rotation list Category B wreckers:
. ... ,, ..... 75.00
A. Normal rotation I st non-consent tow (includes double hook up) e~n nr~
B. Private.property impound ........................... . ............................. $85.00
C. Drop fee ....... ~.... ...... . ......... ...., ................... ~ .......... $35.00
.Z--D. Tire change rather than use dollies:
i. One tire .................................................................... $15.00
ii__Two fires .................................................................. $20.00
3. D. Required use of dollies, go-iacks or skate~ .............................. 25.00 $30.00
4. E. Additional labor such as winching for removal from a ditch or water, dghting an
overturned vehicle or for similar unusual circumstances (all inclusive)... 20.00530.00
5. F. Total maximum towing fee including the use of dollies and additional labor, but
excluding additional time at the scene and unusual distance... 9~a0
rotation list tow ................ ~ ........................................................... $135.00
private property impound tow .......................................................... $145.00
6. G. Additional fee for each half-hour or portion thereof at the scene in excess of one-half
hour not caused by delay on the part of the permit holder... =e~.0.0015.00 per 30 minutes
7. H. Unusual distance cha~e:
i. Addit ona fee for a tow od,qinatinR from the area within city limits west of Ca c0ate
Road to US 77 .................................................................. $5.00
ii. Additional fee for a tow ori,qinatin,q from US 77/IH 37 and from the area within city
limits west of US 77/IH 37 ........................................ ~ .......... $15.00
iii. Additional fee for a tow od,qinating from the area within city limits east of the JFK
Causeway to Fish Pass .................................................... , $5.00
iv. Additional fee for a tow ori.qinatin,q from the area within city limits north of Fish
Pass to Port Aransas city limits ............................................ $15.00
8. I. Cleanup only, no tow required ............................................... 25.00 :$35.00
2. Category B auto wreckers:
A. Normal eerme,,~Ce~ non-consent tow (inciudes double hookup)... ~ $200.00
B. Additional labor such as winching for removal from ditch or water, righting an overturned
vehicle, pulling an axle or for similar unusual circumstances (all inclusive) at t~mty-de#am
($20.00) per flffeeR-(15) minutes.
C. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour
not caused by delay on the part of the permit holder ..................... ~30.0050.00 per hour
~ 3. Daily storage fees:
sS_torage for all or part of the first twenty-feud24) hours, and for each subsequent twe,wty-
lc'-': (24) hour pedod or part thereof:
a~_. Recovered stolen vehicles ................................................ $ 5.00
bB. Vehicles with rated capacity less than one (:1-) ton according to manufacturer's rating
(including but not limited to passenger cars, vans and pickup trucks with a capacity of less
than one (-1-)ton) .................................................................... 7.50 $15.00
Corpus Christi, Texas
Council I~embers
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
orpus
Christi