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Agenda Packet City Council - 11/12/2002
CITY COUNCIL AGENDA "Corpus Christi Celebrating 150 Years" November 12, 2002 t :45 p.m. Proclamation declaring November, 2002 as "National Adoption Month" Proclamation declaring November 15, 2002 as "Texas Recycles Day" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 12, 2002 12:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 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. If 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, habra un int&rprete ingl&s-espa~ol en todas las juntas del Concilio para ayuda#e. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or sen/ices 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 Dave Evans, Parkway Presbyterian Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Javier D. Colmenero Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr.__ City Secretary Armando Chapa Agenda Regular Council Meeting November12,2002 Page 2 Ee Fe o He MINUTES: Approval of Joint Meeting of October 22, 2002, Regular Meeting of October 29, 2002 and Special Meeting of November 5, 2002. (Attachment # 1) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to Texas Government Code Section 551.071 regarding Arena proposals and proposal process, with possible discussion and action related thereto in open session. 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, 107~ 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. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4) Citizens Advisory Health Board Food Service Advisory Committee Library Board Landmark Commission Water Resources Advisory Committee Weed and Seed Program Steering Committee EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 3 Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. 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 er 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 ORDINANCF-~ FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the pumhase of three (3) riding mowers from Jones Equipment and Turi=, Inc., of Fort Worth, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $33,324. The riding mowers will be used by the Park and Recreation Department. Funds are available in the FY2002-2003 Capital Outlay Fund. (Attachment # 5) Motion approving the purchase of one (1) line jetting truck from the Houston-Galveston Area Council of Govem ments (HGAC), for a total amount of $79,725.55. The award is based on the Cooperative Purchasing Agreement with HGAC. This vehicle will be used by the Wastewater Department. Funds are available from the FY2002-2003 Capital Outlay Budget. This item will be an addition to the fleet. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 4 o 10. Ordinance appropriating $46,754.62 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to pumhase equipment and amending the FY2002-2003 Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $46,754.62 in the No. 5110 Maintenance Service Fund. (Attachment # 7) Motion approving the purchase of seven flatbed trailers, from H&V Equipment Services, of Corpus Chdsti, Texas in accordance with Bid Invitation No. BI-0007-03 based on Iow bid for a total amount of $46,754.62. The trailers will be used by Storm Water, Water and Wastewater Departments. Three items are replacements and four are additions to the fleet. (Attachment # 7) Motion approving a supply agreement with Univar, USA, Inc., of Corpus Christi, Texas, for approximately 1,312,079 pounds of sodium bisulflte in accordance with Bid Invitation BI-0006-03 based on best and lowest bid for an estimated annual expenditure of $190,251.46. 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. Funds have been budgeted by the Wastewater Department in FY2002~2003. (Attachment # 8) Motion approving a software maintenance and licensing supply agreement with SHI-Govemment Solutions, of Austin, Texas for Novell NetWare Operating System, Novell GroupWise and Novell ZENworks in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $84,283.93. 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. (Attachment # 9) Motion authorizing the City Manager or his designee to enter into a contract with Precision Task Group, Inc. (PTG), of Houston, Texas for consulting services for the PeopleSoft Financial Applications upgrade in accordance with the State of Texas Cooperative Purchasing Program for an amount not to exceed $300,000. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 12, 2002 Page 5 11. 12.a. 12.b. 13. 14. 15.a. Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas, in an amount not to exceed $99,700 for the J.C. Elliott Landfill Sector 10 Liner Improvements. (Attachment # 11) Motion approving the reimbursement application for $48,517 submitted by Shell Development Joint Venture, owner and developer of Barclay Grove Unit 7 Subdivision, for the installation of 2,125 linear feet of an off-site 12-inch PVC sanitary sewer collection line. (Attachment # 12) Ordinance appropriating $48,517 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Shell Development Joint Ventura's reimbursement request for the installation of 2,125 linear feet of an off-site 12-inch PVC sanitary sewer collection line to develop Barclay Grove Unit 7 Subdivision. (Attachment # 12) Resolution recognizing public necessity of acquiring utility and construction easements for the Southside Water Transmission Main Project, Phases 2, 2a, & 3, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Attachment# 13) Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gus Montis, in the amount of $121,500 plus $1,500 in closing costs and an additional amount not to exceed $10,000 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement business property, all for the purchase of fee simple property rights for Parcel 2, being all of Lot 12, Block 1, Mount Vemon Subdivision, with street address of 4902 Everhart Road, necessary for the McArdle Road Street Improvement Project, Phase 3. (BOND ISSUE 2000) (Attachment # 14) Motion authorizing the City Manager or his designee to accept grant funding in the amount of $73,420 from the Texas Department of Transportation for funding of a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI Enforcement and to execute all related documents. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 6 15.b. 16.a. 16.b. 17.a. 17.b. 18. 19.a. Ordinance appropriating $73,420 from the Texas Department of Transportation for a funding for a Ddving While Intoxicated Selective Traffic Enforcement Project (STEP) in the No. 1050 Federal/State Grants Fund. (Attachment# 15) Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $18,115 and execute a contract with the Corporation for National and Community Service for the continuation of the Retired and Senior Volunteer Program. (Attachment # 16) Ordinance appropriating a grant in the amount of $18,115 awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program. (Attachment # 16) Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $4,375 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. (Attachment # 17) Ordinance appropriating a grant in the amount of $4,375 awarded bythe Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. (Attachment # 17) Ordinance authorizing assignment of Hangar and Fixed Base Operator's Lease with the City of Corpus Chdsti from Mercury Air Group, Inc., to Mercury Air Center-Corpus Chdsti, Inc. with Mercury Air Group, Inc., to remain liable for performance of the lease terms. (Attachment # 18) Ordinance adopting and levying a sales and use tax for the purpose of continuing to finance the operation of the Corpus Chdsti Crime Control and Prevention Distdct as approved by the voters of Corpus Chdsti in Proposition 1 at the election on November 5, 2002; declaring the results of the election continuing said district; providing an effective date. (Attachment # 19) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 7 19.b. 20. 21. 22. 23. Ordinance adopting and levying a sales and use tax of one-eighth of one pement for purposes authorized by Section 4A of the Development Corporation Act as approved by the voters of Corpus Christi in Propositions 2, 2A, and 2B at the election on November 5, 2002; providing an effective date. (Attachment # 19) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as Corpus Christi City By the Sea Girls Fast Pitch League, for the use of a portion of Botsford Park for its softball program and in consideration of Corpus Christi City By the Sea Gids Fast Pitch League maintaining the premises and improvements. (Attachment # 20) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central Corpus Chdsti Association for the use of a portion of Botsford Park for its football program and in consideration of South Texas Pop Wamer Youth Football Central Corpus Christi Association maintaining the premises and improvements. (Attachment # 21) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a long-term lease agreement with Host International, 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. (First Reading - 10/08/02) (Attachment # 22) Second 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 Christi, Texas, on November 21, 2000, by Ordinance No. 024289, and 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. (First Reading 10/08/02) (Attachment #23) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda sumrna~) Agenda Regular Council Meeting November12,2002 Page 8 PRESENTATIONS: Public comment will not be solicited on Presentation items. 24. Cdme Control and Prevention Distdct Five Year Plan (Attachment # 24) 25. 26. 27. 28. Proposition 2 - Sales Tax Update and Timeline (Attachment # 25) Proposition 4- Marina Leases/Development Update (Attachment # 26) Packery Channel Project, Status Update (Attachment # 27) (Related Action Item # 34) PUBLIC HEARINGS: ZONING CASES: Case No. 0902-03, Christus Spohn Health System: A change of zoning from an "A-l" Apartment House District with a "SP" Special Permit and "AB" Professional Office Distdct with a "SP" Special Permit to a "B-2" Bayf'ront Business Distdct on Ocean View Addition, Block I, Lots 4, 5, and 6, and Block IIA, part of Lot 3, located on the west side of Ocean Drive; approximately 150 feet south of Morgan Avenue. (Attachment # 28) Planninq Commission's and Staffs Recommendation: Approval of the "B-2" Bayfront Business District. ORDINANCE Amending the Zoning Ordinance upon application by Christus Spohn Health Systems by changing the zoning map in reference to Lots 4, 5, and 6, Block I, and part of Lot 3, Block IIA, Ocean View Addition, from "A-I"/SP Apartment House Distdct with a Special Permit and "AB"/SP Professional Office District with a Special Permit to "B-2" Bayfront Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 12, 2002 Page 9 29. 30.a. 30.b. 31.a. 31.b. Case No. 0902-04, Jim Walter Homes, Inc.: A change of zoning from a "F-R" Farm-Rural Distdct to a "B-4" General Business Distdct on 2.0936 acres out of a 160.62-acre tract out of the Gregodo Fadas Grant, located on the east side of U.S. Highway 77, approximately 800 feet south of County Road 52. (Attachment # 29) Planninq Commission's and Staffs Recommendation: Approval of a "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Jim Walter Homes, Inc., by changing the zoning map in reference to 2.0936 acres out of a 160.62-acre tract out of the Gregodo Fadas Grant, from "F-R" Farm-Rural Distdct to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. OPEN SPACES MASTER PLAN: Public hearing concerning the adoption of the City of Corpus Christi Parks, Recreation and Open Spaces Master Plan. (Attachment # 30) First Reading Ordinance - Amending the Comprehensive Plan to the City of Corpus Christi by adopting the City of Corpus Christi Parks, Recreation and Open Spaces Master Plan, and providing for repeal of conflicting ordinances. (Attachment # 30) STREET ASSESSMENTS: Public hearing on proposed assessments for improvements to the following highways in Corpus Chdsti, Nueces County, Texas: (Bond Issue 2000) (Attachment # 31) Azores Drive from Caribbean to cul-de-sac; and Catcay Drive from Caribbean to cul-de-sac Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas: (Bond Issue 2000) (Attachment # 31) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31.c. 32.a. 32.b. 32.c. 32.d. Azores Drive from Caribbean to cul-de-sac; and Catcay Drive from Caribbean to cul-de-sac imposing assessments totaling $89,821.28 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as-built conditions; specifying assessment payment terms and lien enforcement measures. Motion authorizing the City Manager or his designee to execute a construction contract with Salinas Construction of Pleasanton, Texas in the amount of $883,739.07 for the following: (Bond Issue 2000) (Attachment # 31 ) Azores Drive from Caribbean to cul-de-sac; and Catcay Ddve from Caribbean to cul-de-sac RIGHT-OF-WAY: Public hearing to consider vacating and abandoning a 28,800- square foot portion of an 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street street rights-of-way. (Attachment # 32) Ordinance vacating and abandoning a 28,800-square foot portion of a 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street rights-of-way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. (Attachment # 32) Public headng to consider vacating and abandoning a 18,000- square foot portion of a 60-foot wide street right-of-way on Hughes Street, between the Water Street and West Shoreline Boulevard street rights-of-way. (Attachment # 32) Ordinance vacating and abandoning 18,000-square foot portion of a 60-foot wide street right-of-way on Hughes Street, between the Water Street and West Shoreline Boulevard street rights-of- Agenda Regular Council Meeting November12,2002 Page 11 way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. (Attachment # 32) 32.e. Public hearing to consider vacating and abandoning 62,832- square feet of the west side portion of the North Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-wayline of Resaca Street right-of-way. (Attachment # 32) 32.f. Ordinance vacating and abandoning 62,832-square feet of the west side portion of the North Shoreline Boulevard street right-of- way, approximately 792-feet north of the north right-of-way line of Resaca Street right-of-way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. (Attachment # 32) COMMUNITY COMMERCIAL REVITALIZATION: 33.a. Public headng to consider and approve the State of Texas Commercial Revitalization Deduction Allocation Program and State Plan and the City of Corpus Chdsti Commercial Revitalization Local Strategic Plan. (Attachment # 33) 33.b. Resolution endorsing the State of Texas Renewal Community Commemial Revitalization Deduction Allocation Program and State Plan. (Attachment # 33) 33.c. Resolution adopting the City of Corpus Chdsti Commercial Revitalization Local Strategic Plan. (Attachment # 33) 33.d. Public hearing to consider, prioritize and nominate applications for Commercial Revitalization Deduction Allocations. (Attachment# 33) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 34. Resolution authorizing the City Manager or his designee to execute Coastal Lease No. CL20020005 with the State of Texas for the North Padre Island Storm Damage Reduction and CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 12 35. Environmental Restoration Project (Packery Channel Project) and implement project mitigation and the Memorandum of Understanding regarding the monitoring of the Mollie Beattie Coastal Habitat Community and Molly Beattie Methodology. (Attachment # 34) Ordinance by the City Council of the City of Corpus Chdsti, Texas, providing for the issuance of $31,490,000 City of Corpus Chdsti, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, and ordaining other matters relating to the subject. (Attachment # 35) PUBLIC COMMENT FROM THE AUDIENCE ON MATTER~ NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN 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 petlaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl6s es limitado, habr~ un int6rprete 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. 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 brfef discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 13 36. CITY MANAGER'S REPORT 37. 38. O. NOTE: * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:30 p.m., November 8 , 2002. Armando Chapa ' City Secretary ~ The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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 [ ~CONTINUING PRIORITY ISSUES Ai~rport / Seawall / Convention Center / Arena · Confnue quarterly reporting process for these initiatives. '86 Bond Issue Imnrovements · Update status on Senior Centers. · Provide communication on compl~ion of these projects (e.g. "Report to the Community"). · Contim~e coml~unity involvement on issues such as Leopard Street improvements. PrivaBzation / Re-En~ineerin~ · Clearly define "privatization" and "re-engineering." · Make decisionS regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be pdvatized. · Continue focus on park maintenance. Finnee · Maintain the 5-year forecast model, · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Comm~ty Policing initiative. Establish date for Crime Control and Prevention District electio~ Continue City participation in Youth Opportunities United and other youth crime initiatives. Emolov~e Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Eeonomic Develonment Sales Tax · Establish election date. NEW PRIORITY INITIATIVES AND ISSUES City staff wtll develop and present to City Council action/implement~ion plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan Gm'wood Water *New Golf Course *Charter Revision with Speeitic Charge(s) *More Funding for Economic Development *Fire and Police Contracts 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 implementation plan for a Storm Water Utility. Packerv Channel · Continue quarterly reports on the pwgress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste monasement system, including prlvatization. tut~r~t · Continue regular updates and exponsion of the City's web site, including individual council member web pages. · Establish target date for onlino permitting process. · Communie, ate brush pickup via e-mail. · Continue active role. Fros~ Bank Duildin~ · Lease and complete renovation ?omexation Plan Implement current island annexation plan ADA Transition Plan · Develop and approve ADA Transition Plan within 90 days. RedJstricfln~ Develop Council-approwd redistricting plan for the City of Corpus Christi ln~uwtrla! District Contract · Review Industrial District contracts and determine date for approval Council Action Item · Staff completes action requests in a timely manner. City / Count. Health Issues * Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Markeflne of CC Museum and Columbus Shins · Continue to develop mnrketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Othe~ Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Publi¢ Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS October 22, 2002 - 12:05 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Brent Chesney* Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott CONVENTION AND VISITORS BUREAU Dave Prewitt, Vice Chairman Bill Goin Bill Morgan Jody Patel Linda Routh John Trice Dan Viola Lillian Riojas (Ex-Officio) City StaffPresent City Manager David R. Garcia Deputy City Manager George Noe City Secretary Armando Chapa City Attomey James R. Bray Jr. Recording Secretary Rachelle Parry ABSENT Council Member John Longoria Bert Quintanilla, Board Chairman Vangie Chapa Brad Lomax Cristina Garza Govind Nadkami Victor Gonzalez Tom Schmid Mayor Neal called the meeting to order in the Sixth Floor Conference Room of City Hall. City Secretary Chapa checked the roll and verified that there was a quorum of the City Council. He said a quorum was not needed of the Convention and Visitors Bureau (CVB) board because this was a presentation meeting. Mr. Prewitt said he was leading the meeting in place of Mr. Quintanilla. He noted that there is a vacancy on the board due to the passing of Mr. Bemey Seal. He said the nominations committee will be making a recommendation. Mr. Jerry Van Beveren, with the accounting firm of Flueshe, Van Beveren and Kilgore, said this is the first year they have audited the CVB. He said they issued a clean opinion with no qualifications to the report. He said they also recommended only two adjustments-one for depreciation and another for amortization. Council Member Scott asked if all the issues had been resolved regarding the former Greater Corpus Christi Business Alliance, of which the CVB was a member. Mr. Van Beveren said that for the most part they had been with the exception of the Columbus Fleet. He said they made a few recommendations to the CVB staff. Mr. Wayne Bennett, President and CEO, also referred to Mr. Seal, saying he had a vision about what Corpus Christi could be and it is up to the members to make that vision a reality. He said that at the beginning of the fiscal year, the CVB's goals were to find ways to make the best use of their funding, to increase staff training, and improve the web site. However, adjustments needed to be made following the terrorist attacks on September 11, 2001 which, among other things, greatly impacted tourism all over the country. *Council Member Chesney arrived at the meeting. Mr. Bennett said the CVB began "branding" Corpus Christi to include Padre Island in every piece of information they produce. They also emphasized the drive market and the leisure aspects oftourismhere. Ms. MarthaKleine, Director of Convention Sales, discussed the 2002-03 convention sales goals, including definite bookings, room nights, leads generated, leads for room nights, Minutes - Joint Meeting October 22, 2002 ~ Page 2 conventions serviced and convention service leads. She discussed the impact that the renovation of the convention center will have on upcoming conventions and she noted that many convention planners are waiting for that renovation to be completed. Mr. Bennett also stated that the CVB's promotional video was named the best in the state by the Texas Association of Convention and Visitors Bureaus. He also discussed a report prepared by Dr. Jim Lee and Dr. Patrick Crowley entitled "Tourism and Its Economic Impact on Corpus Christi." He said that taking into account the size of this city, the CVB's staff and their budget, the Corpus Christi CVB is probably the highest performing bureau in the state. Ms. Carol Dunton, CVB Public Relations Manager, discussed the performance of the web site, which has a new address: www.corpuschristicvb.com. She said that they have increased the site's performance by over 50% each month. She said the CVB pays under $1,000 per year for the web site and the total web site revenue generated through TravelHero booking service for October 2001 through September 2002 was $4,666.08. She said they will also have a Spanish version available beginning this weekend and she showed examples of magazine articles. Responding to Council Member Scott, Mr. Bennett said the Padre Island Business Association and the CVB put out maps about Padre Island. Council Member Colmenero commented on links to both the water and the beach and Mr. Prewitt discussed how the beaches' improved cleanliness since the city annexed portions of Mustang Island has greatly enhanced tourism efforts. Mr. Bill Pettus, of Pettus Advertising Inc., discussed the "2001 Corpus Christi Conversion Study" prepared by Preprint Publishing Company Inc.; a two-page ad that ran all over the state; the ongoing importance of the driving market; advertising in Mexico; convention center advertising; and third-party endorsements fi.om articles. Council Member Kinnison asked about the CVB's relationship with the Hispanic Chamber of Commerce. Mr. Pettus said that entity is electing new board members and forming new marketing committees; once that is done, they will work with the CVB's staffon promoting the area. He said the Hispanic Chamber understands that they are accountable to the CVB in the same way the CVB is accountable to the city for the funding it receives. Mr. Pettus also discussed other aspects of the CVB's advertising campaign, including pieces that are sent out and the hotels' support. Mr. Kevin Latone, General Manager of the Omni Corpus Christi Hotel, discussed the recently published brochure called "Tourism Industry-Economic Impact and Community Benefits." He said that without the tourism industry in Texas, every household would pay an additional $792 in taxes. He said he hopes all citizens recognize the value of tourism in Corpus Christi. Mr. Prewitt concluded by saying that these presentations show that the CVB board members believe in what they are doing and he invited the Council to the CVB's upcoming planning retreat. Mayor Neal asked the CVB to tell the Council what would be the economic impact of adding one more night's stay for a visitor to Corpus Christi and he asked the CVB staff to respond to negative and incorrect information that appears in the letters to the editor. There being no other business, the Mayor adjourned the joint meeting at 1:08 p.m. on October 22, 2002. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 29, 2002 - 1:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney Hemy Garrett Bill Kelly Rex A. Kinnison John Longoria* Jesse Noyola Mark Scott* 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 CityHall. The invocation was delivered by Deacon Peter Horseman, Our Lady Star of the Sea, and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 called for approval of the minutes of the regular Council meeting of October 22, 2002. A motion was made and passed to approve the minutes as presented. *Council Member Scott arrived at the meeting. Mayor Neal called for consideration of the consent agenda (Items 2-13). City Secretary Chapa said that Council Member Noyola would abstain on Item 12. Council members requested that Item 9 be discussed. There were no comments fi.om the audience. Mr. Chapa polled the Council for their votes and the following passed: 2. ORDINANCE NO. 025059 Ordinance authorizing the City Manager or his designee to execute a quit claim deed for the conveyance of a 20-foot wide sthp of land out of Lot 6, Section 19, Flour Bluff and Encinal Farm and Garden Tracts to the Unitarian Universalist Church of Corpus Christi. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 3. ORDINANCE NO. 025060 Ordinance authorizing the City Manager or his designee to execute a use privilege agreement with Island Foundation Inc. for the right to construct and maintain a six-inch PVC casing with a 3 -inch force main that will extend approximately 95 -feet across the Encantada Avenue Minutes - Regular Council Meeting October 29, 2002 - Page 2 Street right-of-way(ROW) and connecting foundation facilities on each side of said right-of- way; establishing a fee of $245. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kirmison, Noyola, and Scott voting "Aye"; Longoria absent. 4. M2002-356 Motion authorizing the City Manager or his designee to execute a one-year contract with Marsh USA Inc. to obtain crime insurance (Forms O, B, C and F) for an estimated annual premium of $9,012, all in accordance with Request for Proposal BI-0010-03. This one-year contract provides for three additional one-year renewal options. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. M2002-357 Motion authorizing the City Manager or his designee to execute a one-year interlocal agreement with Texas Municipal League Intergovernmental Risk Pool to obtain property insurance for an estimated annual premium of $794,205.33, all in accordance with Request for Proposal BI-0010-03. The one-year contract provides for three additional one-year renewal options. The following insurance coverages will be provided under the contract: commercial property; windstorm, hurricane and hail; electronic equipment; antenna equipment; boiler and machinery; flood; and excess flood coverage. This amount includes individual flood policies for specific properties brokered by Texas Municipal League and insured through Omaha Property and Casualty. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6.a. M2002-358 Motion authorizing the City Manager or his designee to accept a grant in the amount of $39,784 from the State of Texas, Criminal Justice Division for continuation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6.b. ORDINANCE NO. 025061 Ordinance appropriating $39,784 from the State of Texas, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for continuation funding available under the Violence Minutes - Regular Council Meeting October 29, 2002 - Page 3 Against Women Act (VAWA) Fund and appropriating $4,841 from the No. 6010 Law Enfomement Trust Fund in the No. 1050 Federal/State Grants Fund as the grant match. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ORDINANCE NO. 025062 Ordinance appropriating $881.48 in interest earnings from the Unreserved Fund Balance in the No. 1050-820800 Law Enforcement Block Grant 2000 and appropriating $1,940.31 in interest earnings from the Unreserved Fund Balance in the No. 1050-820801 Law Enfomement Block Grant 2001 Grant Fund for purchase of law enfomement equipment. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. RESOLUTION NO. 025063 Resolution authorizing the City Manager or his designee to submit a grant application in an amount up to $25,580 to the Texas Department of Public Safety, Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program, to fund: a) creation of a pipeline computer database; b) update and improve current emergency operation plans, c) create and disseminate public awareness brochures and infomercials on pipeline safety and preparedness in the event ora leak or spill, and d) enhance the Fire Department's website. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.a. M2002-359 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $56,580 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.b. ORDINANCE NO. 025074 Ordinance appropriating a renewal grant in the amount of $56,580 from the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Minutes - Regular Council Meeting October 29, 2002 - Page 4 11. 12. 13. Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ORDINANCE NO. 025075 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250, Schedule I, One-way Streets and Alleys, Section (A- 1 ) School Areas, by establishing a one-way traffic pattern on the following street sections during the school hours for George Evans Elementary School: southbound one-way pattern on North Alameda Street between Caldwetl Street and Comanche Street; and northbound one-way pattern on Sam Rankin Street between Comanche Street and Caldwell Street; and providing for penalties. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ORDINANCE NO. 025076 ordinance authorizing the City Manager or his designee to execute a short-term lease for a period not to exceed one year between the City of Corpus Christi and the General Services Administration (GSA), acting for the Transportation Security Administration (TSA), for approximately 6,710 square feet of rentable office space. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longoria absent. ORDINANCE NO. 025077 ordinance amending Section 9-37 of the Code of Ordinances relating to the consumption of alcoholic beverages upon the property of the Corpus Christi International Airport, to allow the Director of Aviation to make exceptions for special occasions. 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 opened discussion on Item 9, Solid Waste grants. Council Member Scott asked about the $10,000 grant for the recycling media/ou~each program (Items 9.c.-d.) and whether the city has an overall plan to increase recycling. Mr. John Sendejar, Superintendent of Administration for Solid Waste Services, said most of that funding will be utilized for media advertising. Mr. Scott said he thought the Council needs to discuss the recycling program and Mayor Neal agreed that it should be discussed during the budget process next year. City Secretary Chapa polled the Council: 9.a. RESOLUTION NO. 025064 Resolution authorizing the City Manager or his designee to execute an interlocal agreement Minutes - Regular Council Meeting October 29, 2002 - Page 5 with the Coastal Bend Council of Governments in the amount of $45,000 for household hazardous waste disposal costs. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.b. ORDINANCE NO. 025065 Ordinance appropriating $45,000 fi.om the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for household hazardous waste disposal costs. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.c. RESOLUTION NO. 025066 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $10,000 for a recycling media/outreach program. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Noyola, and Scott voting "Aye"; Longoria absent. 9.d. ORDINANCE NO. 025067 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for a recycling media/outreach program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.e. RESOLUTION NO. 025068 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $10,000 for a household hazardous waste media/outreach program. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ORDINANCE NO. 025069 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for a household hazardous waste media/outreach program. Minutes - Regular Council Meeting October 29, 2002 - Page 6 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.g. RESOLUTION NO. 025070 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $5,000 to publicize and increase participation in Stop Trashing Corpus Christi community clean-up events. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.h. ORDINANCE NO. 025071 9.j. Ordinance appropriating $5,000 fi.om the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund to publicize and increase participation in Stop Trashing Corpus Christi community clean-up events. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. RESOLUTION NO. 025072 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $55,000 for the purchase of a brush loader. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ORDINANCE NO. 025073 Ordinance appropriating $55,000 fi.om the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for the purchase of a brush loader. 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 14, and a motion was made, seconded, and passed to open the public hearing to vacate and abandon a 26,054.28 square foot portion of a dedicated 40-foot wide undeveloped public fight-of-way within the proposed Victoria Park, Unit 7 Subdivision. There were no comments fi.om the public. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 29, 2002 - Page 7 14.b. ORDINANCE NO. 025078 Ordinance vacating and abandoning a 26,054.28 square foot portion of a dedicated 40-foot wide undeveloped public right-of-way within the proposed Victoria Park, Unit 7 Subdivision; subject to compliance with the specified conditions and the owner re-platting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal referred to the presentations on the day's agenda~ The first presentation (Item 15) was regarding the Corpus Christi Beach Association's (CCBA) "Back to the Boardwalk" project. Mr. Steve Bonillias, CCBA co-chairperson, announced that on November 1-3 they will have the second annual festival and carnival to raise funds for that project. He said that with the support of the Council and the city, their goal is to build a world-class, ADA-accessible boardwalk on Corpus Christi Beach. Mr. Bonillias showed a conceptual drawing of the boardwalk and noted that the initial phase of it will start at the U.S.S. Lexington Museum on the Bay and mn to Villa del Sol. He said they hope to eventually extend the boardwalk down the whole distance of Corpus Christi Beach. Through the assistance of Ms. Patricia Garcia, Grants Administrator, the city secured a $60,000 grant from the General Land Office and now the CCBA needs to raise $40,000 by the end of 2002. Mr. Bonillias said they are optimistic they will reach their goal. Council Member Scott asked if the condominiums and hotels on Corpus Christi Beach are unanimously in support of the project and Mr. Bonillias replied affirmatively. He said the boardwalk will mn along city property far enough fi.om the water so that it will not be affected by erosion. He said Shiner Moseleyis the engineering finn that put together the concept and they have been working closely with the beach association. Mr. Bonillias said the $100,000 will build approximately one- fourth to one-third of the boardwalk. He said that $400,000 will be needed over the years to build the whole extension, which will be ADA-accessible. He said they feel that constructing the first phase will spur development on the beach. Council Member Chesney said he wished to personally contribute to the CCBA's fund raising efforts. Council Member Colmenero recognized three other CCBA committee members who were present. He said this is a great project which is reminiscent of the development that was present on then-North Beach several decades ago. In reply to Council Members Kinnison and Garrett, Mr. Bonillias further described specific aspects of the project. Mr. Kinnison said this is a good concept. The second presentation (Item 16) was the Crime Control and Prevention District (CCD) highlights fi'om 1997-2002. Police Cmdr. Bryan Smith, CCD Coordinator, said that on November Minutes - Regular Council Meeting October 29, 2002 - Page 8 4, 1997, the citizens of Corpus Christi voted to establish a crime control and prevention district, which is funded by a sales and use tax at a rate of 1/8th of one percent (collection of the tax began April 1, 1998). On November 5, 2002, voters will be asked to continue the district for five years. Cmdr. Smith said the CCD's goals are: to fund additional police officers in high-crime areas of the city; to decrease the incidence of criminal offenses associated with young offenders; to provide preventive measures regarding gang activity; to reduce citizens' fear of crime; and to further the ability of police to fight crime by adding technological enhancements and new equipment. The CCD Coordinator also discussed the district's accomplishments. He said that 50 sworn officers have been added to the Police Department, 10 of which were added to the Juvenile Enforcement Team. He said that action has allowed the JET to be proactive in dealing with gang crime and violence, resulting in 1,309 felony arrests, 2,534 misdemeanor arrests, and 317 weapons seized. Cmdr. Smith said there are eight directed patrol officers who have been instrumental in the boarding up of 241 gang and drug houses. In addition, 300 tons of trash and abandoned vehicles have been removed from neighborhoods. Other accomplishments include the formation of the Campus Crime Stoppers program in April 1999. It is now active in seven high schools and six middle schools. They have awarded $10,476 for tips in 277 total cases. He said they confiscated 48 weapons and 141 drugs from area schools. In addition, they solved five bomb threats and participated in 13 felony arrests. Cmdr. Smith said that one of the district's greatest accomplishments is the formation of the Juvenile Assessment Center, which has had 1,183 total intakes and only 91 repeat offenders. Also, 391 families took advantage of the center's case management services. He noted that juvenile arrests have decreased from 2,625 in 1996 to 1,005 in 2001. Advances have also been made in the areas of street lighting (where over 300 locations have either been enhanced or added) and replacement of high-mileage police vehicles ( 16 marked, 10 unmarked, five crime scene vans, one prisoner transport vehicle, and 19 marked additional vehicles). Cmdr. Smith also discussed the pawn shop detail, in which pawn shops downloaded 1.8 million pieces of property into the computer system and 5,996 items were recovered with a total value of $1.18 million. In addition, 1,080 cases were solved as a result of recovered property; prior to having the pawn shop detail, only $60,000 was recovered annually. He said the CCD funds have also been used to expand the canine unit with one officer and a canine named Falco. He said the total street value of drugs seized is $588,600 along with $7,000 in cash and seven vehicles seized. Cmdr. Smith said the video imaging system project is now operational and soon the department will be sending out mugshots to police officers via their units' laptop computers. The CCD coordinator said the bottom line is that all of the CCD's goals have been met through a lot of hard work by the district's board and city staff (particularly Management and Budget). He said that prior to the establishment of the district, the city did not have the resources and manpower to effectively institute community policing methods. Cmdr. Smith also showed a video of the CCD's successes. *Council Member Longoria arrived at the meeting. Minutes - Regular Council Meeting October 29, 2002 - Page 9 Ms. Linda Bridges, President of the CCD Board, thanked the Council for their appointments to the board. She said the members have been committed to making the district effective and viable and they are hopeful that the district will be reauthorized by the voters to continue empowering citizens. Mayor Neal said the Council appreciates the information the board has been providing. He then recessed the meeting to read the day's proclamations. Upon reconvening the meeting, the Mayor referred to the third presentation (Item 17), the Bond Issue 2000 quarterly report No. 6. Mr. Angel Escobar, Director of Engineering Services, said that as of October 29, 2002, the City Council will have awarded 36 general obligation bond construction contracts to complete 55 different projects. Using a chart, Mr. Escobar reviewed the status of the bond projects as follows: Public Health and Safety - one completed, three under construction, and one involved in negotiations for the selected site; Park and Recreation - 25 completed, two pending "punch list" items (near completion), four recently bid and beginning construction, and one will be completed with city forces pending the completion of the four remaining lighting projects; Street Improvements - three are well under construction, eight are beginning construction, four are pending award, six are on-going, six are under design, and three are awaiting coordination with the Texas Department of Transportation. Mr. Escobar then responded to Council members' questions regarding the Laguna Shores Road project, sidewalks around schools, and Ayers Street (SPID to Port Avenue). There was also a discussion of the time line and location of the new public safety training center. Mr. Escobar noted that 29 of the 36 contracts awarded have gone to local companies for a value of $15.8 million. He said the total amount of general obligation bond construction contracts awarded is $21.4 million. Council Member Scott asked staff to convey to TXDOT his disappointment with Pate & Pate, the contractor for the McArdle Road project (Everhart to Weber). The fourth presentation (Item 18) was the quarterly update on thc seawall, sidcwalk and marina bulkhead project. Mr. Jeff Massengill, Executive Vice President of Shiner, Moseley & Associates (SMA), introduced Mr. Brent Moore, an engineer from SMA who is working with the contractor in the field. Mr. Massengill noted that this is a $45 million project that contains multiple components and contracts. He said design started in 2001 and the project is scheduled to be completed in mid- to late-2006. Mr. Massengill explained that the city's flood protection system utilizes several components and this project involves four of them: backwater levee gates, lower-level bulkhead at the Art Museum of South Texas, seawall proper, and the T-Heads and L-Head. He said the seawall has been broken up into five contracts: pilot program and contract B-1 from the Barge Dock to Power Street; contract B-2/Part A involving the Lawrence Street T-Head and Coopers Alley L-Head; contract B- 2/Part B from Peoples Street to Power Street; contract C on the marina reach; and contract D extending from the breakwater along McGee Beach. Minutes - Regular Council Meeting October 29, 2002 - Page 10 Mr. Massengill then discussed the completed improvements to the backwater levee storm gates, in which the contractor was able to cut the installation time of the storm gates to one-fifth of the previous time by using aluminum components instead of creosote. Responding to Council Member Scott, Assistant CityManager Ron Massey said that during the recent large rain events, they put the gates up to keep the water from going into the downtown area-basically it keeps water from moving from one watershed to another watershed. The next contract discussed by Mr. Massengill was B-l, the Art Museum bulkhead project, which is 85% complete. He showed photographs of the progress in which the contractor removed the debris from the site, drove anchor piles for the anchorage system, drove steel sheet piling in the front, and poured the concrete cap for the bulkhead. Now they are placing concrete paving behind the lower-level bulkhead to protect the upper flood wall. Mayor Neal asked if there are any plans to build a walkway to connect the Art Museum with the Ortiz Center at the port. Mr. Kevin Stowers, Assistant Director of Engineering Services, said that additional link to the Ortiz Center is not part of this program but this lays the basis for the walkway, which will be pedestrian and ADA-accessible. Mr. Massengill said the concrete is strong enough for pedestrian and some vehicular traffic. Mr. Massengill then reviewed the time lines of the five contracts, adding that they are working to minimize construction work during peak summer months in the areas heavily visited by tourists. He said the overall project is on schedule and in line with the budget. Responding to Council Member Colmenero, Mr. Massengill further described the Art Museum bulkhead project. Mr. Escobar said this update will be available on the city's website by the end of next week. Council Member Garrett referred to the flooding that occurred downtown on October 24 and October 28. He said there was concern that some stormwater pipes were relocated when the new federal courthouse was built, and he asked if that would have any effect downtown. Mr. Massey said there was no relocation of pipes-the only change was the closing ora section of Water Street behind the federal courthouse. Mr. Escobar added that the underground horseshoe-shaped stormwater system remained in place. Mr. Garrett said it seems that the downtown area had not previously experienced the type of flooding that has occurred in the last few years. Mr. Escobar said that area has continuously had flooding but possibly not to that extent because the majority of pipes in that area are designed to only handle a two-year rain event. Mr. Garrett asked if the blow-out of the pressure conduit underneath Mesquite Street near Mama Mia's restaurant on October 24 had anything to do with the flooding around the Education Service Center on Water Street. Mr. Escobar replied that flooding would have occurred regardless because that rain event was greater than a 100-year rain event. However, the blow-out added to the flooding problems. He said the water spilled both to the north and to the south. Mr. Garrett asked if the Kinney Street pump station was working properly. Mr. Escobar said staff had an independent engineer review the situation during the October 24 rain event and he Minutes - Regular Council Meeting October 29, 2002 - Page 11 concluded that the pumps at Kinney Street and Power Street were running continuously during that rain event. He added that staff needs to do an internal investigation of the line that blew out to determine its structural integrity. He said that for whatever reason, there have been more intense and more frequent rain events in the last few years than occurred previously. He said the pump stations are capable of pumping the water to the bay but the conduits cannot handle that volume of water. Mr. Garrett asked if there is anything the city can do-with the exception of spending $30 million to $40 million-to give the downtown business people some relief from these flooding problems. City Manager Garcia said they cannot fix the problem without spending money. Ms. Valerie Gray, Stormwater Superintendent, said downtown areas that have historically flooded include around the U&I Restaurant, the Appraisal District, the Education Service Center, and Water Street, which are the lowest points downtown. She said since she joined the Stormwater Department in 1995, she has noticed that there have been bigger and bigger rain events over the years. She added that the underground pipes downtown have not been improved or increased in size since they were installed several years ago. Mr. Garcia then distributed to the Council the "Downtown Drainage Implementation and Improvement Plan" prepared in 1999 by Rnssell-Veteto Engineering Inc. (RVE) and an October 28, 2002 memo from Mr. Randy Thompson, an independent engineer, about the downtown flooding that occurred on October 24, 2002. He noted that the RVE report recommends constructing 17 total projects over five years at a cost of about $12.7 million. However, he said that is not all the work that needs to be done in that area but it is a start. Ms. Gray said those projects are listed as future projects in the Stormwater capital improvement plan (CIP). In addition, RVE is recommending building a pump station at Water Street at a cost of about $18.5 million by itself. Mr. Colmenero asked if this will affect the seawall repair project. Mr. Escobar replied that they have made provisions in the existing contract for the future pump station in the northern portion of the drainage area, along with the actual flap gates (check valves). He said staff will be sliplirdng the old concrete 1938-era pipes with polyethylene pipes so the barnacles will not clog them. He said the pipes vary in size from 18 inches to 42 inches in diameter. He noted that the seawall project wilt not impact the pump stations. Ms. Gray added that the pipes along Water Street and Chaparral Street are at a lower elevation than the seawall, so water has to go to the pump stations to be pumped out. Responding to Mr. Scott, Mr. Escobar said that RVE's estimated costs include a repair of the street but not a complete repaying of the street. Mr. Scott questioned why there would be pump stations designed for 100-year rain events while the conduits can only accommodate two-year rain events. Mayor Neal said that problem exists all over the city when similar rain events occur. Ms. Gray said part of the problem is the increased quantity of water due to the lack of impervious surface. Mr. Scott said that three separate occurrences contributed to the severity of the downtown flooding on October 24: the 100-year rain event itself(about 6.5 inches fell in just a few hours); the Salt Flats outfall channel overflowed and entered the downtown drainage basin near the convention center; and the blow-out of the Mesquite Street pressure conduit spewed even more water and about 135 tons of material down toward Water Street. Mr. Scott said they know there is a problem with Minutes - Regular Council Meeting October 29, 2002 - Page 12 flooding downtown and the reality is that this community has not grown at a sufficient rate to be able to handle such issues; consequently, the required maintenance is deferred. Council Member Chesney said the downtown business owners' main concern is how to avoid future flooding problems, including the flooding that occurs even with small rain events. Mr. Garcia said that due to the insufficient size of the underground pipes, statistically downtown will basically flood every two years. In reply to Mr. Chesney, Mr. Massey said the capital improvement plan will be presented to the Planning Commission in November and there will be public heatings associated with that. Mr. Garcia said that currently all of the Stormwater Department funding comes from the water rates. He said as staff completes the stonnwater master plan and the magnitude of the deficiencies of the city's stormwater system become more apparent, staff will propose alternative methods for funding stormwater improvements that will be separate from the Cna. He said that previously they have not been able to get consensus on how to fund stormwater improvements. Mr. Chesney said he thinks the consensus may exist now and it is a priority for him. Mr. Garcia said staff can bring back a recommendation by the next Council meeting on November 12. Mayor Neal asked about the status of the stormwater master plan. Ms. Gray said they had discussed holding a workshop with the Council. She said there is a hold up on the policy of city participation with new development. Council Member Kelly said that flooding is a problem throughout the city and he feels they cannot increase capacity downtown without doing so throughout the rest of the city. Mr. Escobar said additional funding will be needed to not only meet the level of protection criteria for new development but also to bring up the older areas of the city to that level. He added that some of the previously used rain event criteria has changed. He said the RVE study is recommending improving the downtown area to a 25-year rain event capacity. Mr. Escobar said even if those improvements had been in place on October 24, many businesses still would have flooded but the water would not have risen as high. Mr. Garcia said there is $5 million slated for stormwater improvements in next year's cna. Council Member Kinnison asked when staff plans to hold the stormwater workshop. Mr. Escobar said they would like to schedule it in November or December. Mr. Garcia said the standards they are talking about affect new development. He said as the city increases the criteria for the level of protection in new subdivisions, the developers' costs go up and, consequently, homeowners' costs increase as well. He added that some of the most expensive projects are retrofitting existing neighborhoods to the new standards. Mr. Kinnison said that while the downtown flooding was severe, there was extensive flooding all over the city due to the enormity of the rain event on October 24. He said this issue has been discussed for many years because it involves extensive funding implications and the prioritization of a vast number of projects. Council Member Noyola said he agrees with Mr. Kinnison that they need to have a workshop on the stormwater master plan. Minutes - Regular Council Meeting October 29, 2002 - Page 13 Mayor Neal opened discussion on Item 19, seawall reconstruction. There were no comments 15om the audience. Council Member Longoria asked if electrical outlets are included in the design and Mr. Escobar said they are included. City Secretary Chapa polled the Council as follows: 19.a. M2002-360 Motion authorizing the City Manager or his designee to execute Amendment No. 8 in the amount of $2,214,900 with Shiner Moseley and Associates Inc. of Corpus Christi, Texas, for the seawall reconstruction project B-2 (Part A and Part B). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garcett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19.b. M2002-361 Motion authorizing the City Manager or his designee to execute a geotechnical services contract in an amount not to exceed $126,820 with Fugro South Inc. of Corpus Christi, Texas, for the seawall reconstruction project B-2. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 20, desalination project. Mr. Massey explained that in April 2002, Governor Perry announced a desalination initiative and in August the Texas Water Development Board (TWDB) published requests for proposals inviting statements of interest by November 1, 2002. He said the City of Corpus Christi has been working on a statement of interest to submit to the TWDB. Mr. Massey said that locating a desalination project in the Coastal Bend would demonstrate the following: Texas' resolve for a drought-proof water supply; state-of-the-art technology; and innovative financing. He said theproject would also promote inter-regional cooperation and regional spending and employment. He said Corpus Christi is a viable site because of previous progressive water planning efforts, including the Mary Rhodes Pipeline and other sources which have secured the area's water supply through 2060. In addition, Corpus Christi is close to other users and the city has local and regional support for the project. He said the city's system can serve municipal and industrial customers in a 12-county area. Mr. Massey then reviewed the scope of the Corpus Christi Regional Water System: water rights to 438,300 acre-feet at Choke Canyon Reservoir and Lake Corpus Christi; Lake Texana contracts for 46,340 acre-feet of water; the 101-mile Mary Rhodes Pipeline with a capacity of 112,000 acre-feet of water; and 35,000 acre-feet of water rights at Garwood. Mr. Massey said the city is proposing creating a quasi-government organization which would go out and seek proposals for a design/build/operate/transfer desalination facility. He said that process is currently going on in Minutes - Regular Council Meeting October 29, 2002 - Page 14 Tampa Bay, Florida, and San Diego, California. He said at this point the city is not specific because it needs to go through the RFP process. The Assistant City Manager said the Texas Coastal Bend project team would consist of these entities: project leader- City of Corpus Christi; prospective public partners - State of Texas, regional planning groups, municipalities, various river and water authorities, and local universities; and prospective private partners-energy partner, technology partner and engineering and construction. Mr. Massey said the city is proposing using the Barney Davis Power Station, which sits on a 2,000-acre site owned by AEP. An 8-acre tract of land north of the plant has been identified as being available for siting the desalination facility under a long-term land lease agreement. He said that significant features of this site are its existing raw water intake, cooling ponds and cooling water outfall. The power station is permitted to withdraw 540 million gallons per day (mgd) of water fi.om the Laguna Madre for cooling purposes. He said in order to obtain 25 mgd of fi.esh water, the plant would take in 62.5 mgd of salt water, with 37.5 mgd of brine that would be discharged. Mr. Massey said the city has received letters of support from these entities: Lavaca-Navidad River Authority, University of Texas Marine Science Institute, Nueces River Authority, State Regional Water Planning Groups "P" and "lq," and the Coastal Bend Bays and Estuaries Program. He said there are other proposals being circulated; for example, the San Antonio Water System (SAWS) and the San Palricio Municipal Water District (SPMWD) have a proposal for a smaller operation at San Patricio (4 mgd of bay water and 4 mgd of brackish ground water). He said that could have a negative effect on Corpus Christi's water system because if there is 8 mgd less water drawn by them, that drives the cost of raw water up to the remaining customers. Council Member Scott said he thought the state was looking for a large facility, such as 25 mgd, rather than an 8 mgd plant. Mr. Massey replied affirmatively, adding that SPMWD has a membrane desalination facility and they are doing a pilot program with funding from the Bureau of Reclamation on the pre-treatment of salt water. Mr. Scott asked about the state's time line. Mr. Massey said the TWDB is supposed to provide a recommendation in December. He added that the only commitment the state has made so far is private activity bonds and they are hoping to see what revenue streams would be available. Mr. Scott also asked about the Tampa Bay plant. Mr. Ed Garafia, Water Superintendent, said they started that project in May 1996 and their goal is to open by December 2002. Mr. Massey also discussed specific ways in which the Barney Davis site could be used. City Manager Garcia said there are still many unknowns about this project but the city is moving ahead with plans to build a small (4 mgd) pilot desalination plant on Padre Island. Mr. Garafia said he can provide a time line on that project. Mr. Scott said that if Corpus Christi is able to move ahead, it may be in a position to sell water to the whole region. Council Member Longoria asked if the state pilot project involves desalination or brackish water. Mr. Massey said the state project is desalination (removing salt from salt water) while the Padre Island project would involve treating brackish water, which is less expensive. Minutes - Regular Council Meeting October 29, 2002 - Page 15 Council Member Colmenero asked about the possibility of working with the SPMWD as opposed to competing with them. Mr. Massey said Corpus Christi can work with San Patricio but they will have to work with SAWS regarding whether that entity proceeds with its proposal there. He said SPMWD is currently receiving about 25 mgd of raw and lreated water from the Corpus Christi water system. Council Member Kinnison said it is likely that the state's proposal will go through the 2003 legislature to see if there will be any funding attached to it. Mr. Massey said it will be interesting to see how much money will be available because the state's budget is very tight. Mr. Kinnison asked if staffhas discussed this plan with the city's legislative delegation and Mayor Neal said staffhas made them aware of it. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 025079 Resolution authorizing the City Manager to submit a statement of interest to the Texas Water Development Board for selection of the city's proposed Texas Coastal Bend Desalination project as the state's large-scale demonstration seawater desalination project. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal referred to Item 21 regarding the certificates of obligation sale. He said the city is delaying taking action to award the sale of the certificates of obligation, notice of the issuance of which was published in the Corpus Christi Caller-Times on October 5 and October 12, 2002, until the regular meeting of the City Council to be held on November 12, 2002. The Mayor said the city is delaying taking action at this time as bids establishing a final guaranteed maximum price for the facilities to be financed with the proceeds of the proposed certificates of obligation have not been reviewed and a contract to hire a general contractor has not been awarded. Mr. Scott made a motion to delay Item 21 until November 12, 2002; seconded by Mr. Chesney. There were no comments from the audience. Mr. Kinnison asked if this is for the convention center. Ms. Lee Ann Dumbauld, Finance Director, said it is and everything is on schedule. City Secretary Chapa polled the Council and the foregoing motion passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. 21. POSTPONED Minutes - Regular Council Meeting October 29, 2002 - Page 16 Mayor Neal opened discussion on Item 22, oil or gas well drilling. There were no comments from the audience. Responding to Council Member Kinnison, Mr. Jay Heidecker, Petroleum Superintendent, said the Oil and Gas Advisory Committee recommended approving the application. He said there were some concerns about the proximity to the marina and he showed a map of the proposed location. He said they are referred to as "exceptional" locations because they are outside the established cluster area for each state tract. He said Sabco met the criteria for drilling a straight hole instead of drilling directional to their geological target. In reply to Council Member Longoria, Mr. Heidecker said staffis anticipating the rig being on the water for 25 to 30 days. He said Sabco has a minor geological natural gas target for which they are drilling. He said if they do make a well, it will be a 12-foot by 12-foot structure that will be painted orange per the ordinance with two navigational lights. Mr. Longoria said he was concerned about aesthetics and Mr. Heidecker said that issue was discussed. City Secretary Chapa polled the Council for their votes as follows: 22. M2002-362 Motion granting a permit to Sabco Operating Company to drill an oil or gas well at an exceptional location, eastward of the Corpus Christi Marina in Corpus Christi Bay, at State Tract 49 Well No. 7 and State Tract 60, Well No. 1. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23. 24. Mayor Neal referred to the executive sessions, which were listed on the agenda as follows: Executive session pursuant to Texas Government Code Section 555.071 regarding Harold Lamar Thorne vs. Jesus Manuel Charles and the City of Corpus Christi, Cause No.01-61527- 1; County Court at Law No.1, Nueces County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107* 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. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, seconded by Council Member Longoria and passed: 23. M2002-363 Motion authorizing the City Manager to execute documents settling Thorne v. City of Corpus Minutes - Regular Council Meeting October 29, 2002 - Page 17 Christi, No.01-61527-1, County Court at Law No. 1, Nueces County, Texas, for $125,000 in accordance with the agreement negotiated by the City's attorneys. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye"; Colmenero absent. Mayor Neal called for the City Manager's report. Mr. Garcia gave an update on the recent events, saying that a tornado touched down on October 24, 2002 and proceeded to cut a four-mile swath of destruction through the central part of the city. He said staff immediately began to mobilize all municipal resources and opened the Emergency Operations Center. He said the Fire Department was involved in an intensive rescue and extrication process followed by the damage assessment and recovery phase. He said every city department was involved in that mobilization and, as a result of the disaster, several emergency expenditures had to be made. Mr. Mark McDaniel, Director of Management and Budget, said the preliminary operating costs from the October 24 storm are as follows: overtime costs - $160,000 (most of it in Solid Waste and Police); equipment repair - $286,000 (signage and signal work); equipment purchases and rental - $15,000; supplies - $37,000; services (hiring ora private company to assist with brush removal) - $27,000; and preliminaxy estimates of repair now underway on Mesquite Slxeet - $332,000, for a total of $857,000. He said the Risk Management staff is still assessing damage to several city facilities (parks, golf courses, fire stations, wastewater systems and others) and those costs have not yet been calculated and totaled. Mr. Kinnison asked about the Federal Emergency Management Agency's (FEMA) reimbursement policy. Mr. Juan Ortiz, Emergency Management Coordinator, said the assistance comes in two phases-individual and public. He said that tomorrow city staffwill meet with FEMA and state representatives to assess the damages. If the preliminary estimates are correct, the city and county meet the minimum requirements to qualify for public assistance; the state needs to qualify as well. ffthat criteria is met, the reimbursement policy will be 75% of eligible costs. Mr. Garcia said ifFEMA does not provide that assistance, some of the funds will come from the city's self-insurance fund and some from reserves. Mayor Neal said that Governor Perry tried to come to Corpus Christi to view the damage but his plane could not land due to inclement weather. However, he had called shortly after the tornado hit on October 24 and offered the full assistance of the state. The Mayor said the Department of Public Safety also provided personnel to prevent looting and assist the city. He and other Council members complimented city staff for their response during and after the storm. Mr. Garcia then outlined items scheduled for the November 12 Council meeting. Mayor Neal suggested they start at noon if they have an executive session. He then called for Council concerns. Mr. Chesney spoke highly of the Japan fair held last weekend with the Sister City visitors from Yokosuka, Japan and he suggested that a staff member be designated as a cultural liaison. He also announced a Friends of the Park meeting on November 6 at 5:30 p.m. at City Hail and he said Minutes - Regular Council Meeting October 29, 2002 - Page 18 they are rescheduling the town hall meeting. He commented that the city's reserves are intended for such things as disaster reliefi Mr. Kelly said a citizen on Sierra Blanca Boulevard said her neighborhood has problems with their toilets when it rains and he said the Naval Air Station-Corpus Christi is willing to provide military personnel to assist with a tutorial program at Northside Manor. He also complimented staff for going door-to-door following the storm and for working to pick up brush throughout the city. Mr. Noyola thanked the community for pulling together during the recent storm and he thanked staff for helping the residents of Casa Mafiana move to a city shelter and to the airport staff for their efforts. Mr. Scott said the vegetation on Whitecap Boulevard from Park Road 22 to Windward Drive is overgrown and needs to be addressed. He said October 29 is Council Member Longoria's birthday and he was recognized by the Corpus Christi Minority Business Development Center and Coastal Bend Minority Business Council for his leadership and role in helping the minority community. Mr. Scott also reported a code enforcement problem at North Port and Hatch Street and he thanked those who attended his recent town hall meetings. He said he was impressed with the city's response to the storm. Mr. Colmenero echoed the compliments to staff on their emergency response and he suggested that tornado drills be held in the future and evacuation warnings heeded. Mr. Longoria asked how people whose houses are damaged or destroyed can get repairs done. Mr. Ortiz said Solid Waste and the Fire Department have assisted with clearing debris. He also described how FEMA funds are disbursed. Mr. Longoria said staff needs to ensure that citizens are aware of those steps. Mr. Ortiz said they are going out into the community with explanatory fliers. Mr. Longoria also noted that the Business Resource Center opened today and a reception is being held there. Mayor Neal thanked Ms. Diana Garza and Ms. Kristine Ondrias in his office, the City Secretary's Office, the Port and the Economic Development Corporation for their assistance during the Yokosuka Sister City events. He said they are looking at the establishment in the next budget of a protocol office. The Mayor then called for public comment on non-agenda items and there was none. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:02 p.m. on October 29, 2002. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting November 5, 2002 - 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney* Henry Garrett Bill Kelly Rex A. Kinnison* John Longoria* Jesse Noyola Mark Scott* 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. 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. City Manager Garcia said this special meeting was called so the Council can take action on the multi-purpose arena. He said there are time constraints involving the issuance of the debt to fmance the project. In addition, all of the bids came in higher than the amount of funds available. Consequently, staff is requesting that the Council rank the contractors so that staff can negotiate with the preferred contractor to attempt to bring the price down to within the budget. *Council Members Kinnison, Longoria and Scott arrived at the meeting. Assistant City Manager Ron Massey reviewed the background of this project. He noted that on August 22, 2000, the Council directed the City Engineer to appoint an advisory committee to develop and recommend plans to allow maximum minority/small contractor and subcontractor participation in the various construction projects (motion number M2000-291). Mr. Massey said the Major Projects Committee is a citizens' committee representing the construction industry and other interested stakeholders. The committee's role is to advise the City Engineer and staff to ensure maximum oppommity for local and small businesses and contractors to participate in city construction projects. The members are also charged with reviewing the development of bidding packages to maximize opportunities for local and small contractors and to ensure the city's ability to execute projects effectively and efficiently. Mr. Massey said that on December 12, 2000, the Council passed a resolution (No. 024307) directing the City Manager, in implementing the bond program approved by the voters on November 7, 2000, to structure contract specifications and bids to assure maximum opportunities for participation by local and small contractors. In addition, the City Manager was directed to prepare a program to enhance local and small contractor participation as recommended by the City Major Minutes - Special Council Meeting November 5, 2002 - Page 2 Construction Projects Advisory Panel. *Council Member Chesney arrived at the meeting. On March 26, 2002, the Council passed a motion (M2002-088) authorizing staffto proceed with competitive sealed proposals to hire a general contractor for the multi-purpose arena project. Mr. Massey said competitive sealed proposals were recommended by the City Major Construction Projects Advisory Panel and concurred with by city staff. Mr. Massey then reviewed an organizational chart to further describe how the competitive sealed proposals process works. He said the city hires a general contractor and is assisted by the architect/engineer and the project manager (in this case, Gilbane Building Company, which is incorporating the services of Anderson Group Construction Management). Mr. Massey said the project manager has a separate contract with the city and acts as the city's advocate in its relationships with the contractor and architect. The general contractor hires his own subcontractors. The Assistant City Manager said that competitive sealed proposals are a new procurement procedure for cities, although they have been used for a long time by Texas colleges. He said the Texas Legislature authorized this alternative delivery method in September 2001. Under that process, project plans and specifications are advertised for general contractors to submit proposals rather than bids. He said selection is based on a combination of factors-including price and other criteria-deemed to be in the best interest of the city. Mr. Massey said those criteria include past performance, team personnel, project scope and price. He said this process allows the city to negotiate modifications before the contract is awarded. In this situation under the bid process, the city would have had to reject all the bids because they came in over budget, modified the plans and specifications, and re-advertised them for new bids. Mr. Massey described the process used for the competitive sealed proposals for the multi- purpose arena. He said that first the city's Technical Subcommittee intensively reviewed the proposals. The subcommittee was comprised of representatives of Gilbane, Anderson Group, and city staffmembers. The results of their review were then presented to the city's Selection Committee, which consisted of the following executive-level management employees of the city: Mr. Massey; Mr. Mark McDaniel, Director of Management and Budget; Mr. Angel Escobar, Director of Engineering Services; Mr. Art Sosa, Acting Director of Development Services; and Mr. Kevin Stowers, Assistant Director of Engineering Services. He said proposals were submitted by these companies: Fulton/Coastcon, Joint Venture; Lyda/AranaJDurden, Joint Venture; Satterfield & Pontikes Construction Inc.; Zachry Construction; and Spaw Glass/Braselton, Joint Venture. He said that Spaw Glass/Braselton did not submit the required evaluation information by the deadline so their proposal is not being considered. Mr. Massey then discussed each contractor's plan for local pagicipation, which was listed in the agenda material as follows (out of a total of 100%): Fulton/Coastcon- 74.81% local, 25.20% out-of-town; Centex/Zachry/EGI- 42.09% local, 40.93% out-of-town, and 16.99% unknown; Lyda/Arana/Durden- 43.31% local, 35.38% out-of-town, and 21.31% unknown; and Satterfield & Pontikes- 33.44% local, 49.10% out-of-town, and 17.46% unknown. Minutes - Special Council Meeting November 5, 2002 - Page 3 With regard to local participation, Council Member Noyola asked how much of those mounts constitute minority participation. Mr. Massey replied that staff's chart combines both minority and non-minority companies under the heading of "local participation." Mr. Bob Shackelford, with Anderson Group Construction Management, said that one of the requirements of the proposal was to identify local subcontractors. There was another category called "local minority" simply for statistical purposes. Mr. Noyola referred to information that staff faxed to the Council that had been submitted by the four companies. He said Lyda/Arana/Durden listed 9.89% total local minority firms and 33.42% total local firms for a grand total of 43.31%. Mr. Noyola said that Zachry listed 45.001% minority business enterprises (MBEs) and 42.087% local. Mr. Massey pointed out that Zachry's listing of MBEs includes all minority contractors and, of that, only 19% are local minority contractors. Mr. Massey then discussed a chart illustrating the relative ranking according to the following criteria: bid price (750 points); organization, administrative ability, claims/lawsuits history and financial resources (25 points); qualifications and experience of the project team (35 points); experience in projects of similar size and complexity (40 points); past performance for the city and other institutions in this area (25 points); ability to suitably schedule this project/history of meeting schedules on other projects (25 points); safety record (20 points); quality assurance program (20 points); ability to start construction (20 points); and local/minority participation (40 points), for a total of 1,000 points. Based on those scores, the companies were ultimately ranked as follows: 1st- Fulton/Coastcon; 2~- Zachry Construction; 3fa- Lyda/Arana/Durden; and 4th- Satterfield & Pontikes. Mr. Massey said staff is recommending that the Council approve the ranking of the contractors as stated and authorize the City Manager or his designee to enter into negotiations with the contractor ranked first; if that is unsuccessful, then with the contractor ranked second; and if appropriate, with the contractor ranked third. Council Member Scott pointed out that the city has a budgeted amount with which to work. Deputy City Manager Noe said the assumption was that the construction cost (whether that is the base bid alone or with additive alternates) would be about $33.1 million and the balance of the construction figure of $35.6 million was for seating, signage, and the arena's share of street work, which would be a separate bid to realign Shoreline Boulevard in front of the building. Council Member Chesney requested the point totals for each of the companies. City Attomey Bray said that state law on these kinds of contracts says that the governmental entity shall make the evaluations public not later than the seventh day after the date the contract is awarded. He said the details are kept within the process in order to obtain the best deal for the public and then they are released after the award is made. He said that law protects the govemment's interest and it is not to protect proprietary information. Mr. Garcia said that if the Council takes staff's recommendation, they are going to enter into an intensive period of negotiations with the successful proposer with an attempt to cut many millions of dollars out of it. He said the contractor, in turn, will be talking with their subcontractors and suppliers. He said a lot of those negotiations are protected until they are concluded; when the price Minutes - Special Council Meeting November 5, 2002 - Page 4 is concluded, the information will be released. Mr. Chesney said he is only asking for the point totals and he does not understand why that information would be confidential. Mr. Garcia said if the Council would like, staff can release that information; however, they feel it is a question of how much liability the city wants to take on in terms of defending those scores. A brief discussion ensued. Mr. Noyola asked about the fourth criterion-experience in projects of similar size and complexity. Mr. Stowers said that criterion involved a reference check and staff found that all the firms were well-qualified and could successfully complete the project. He said the variances occurred in the level of validation staff received. He said Fulton/Coastcon received universally positive comments, even from out-of-town architects, which is why they were ranked first in that category. He said Zachry was ranked second for that criterion and, although they received superior comments, on one project the reference provided negative comments. Responding to other questions from Mr. Noyola, Mr. Stowers said the grading was in response to the materials that were submitted. He said with regard to the company's ability to start construction, staff has observed that out-of-town contractors fi'equently require a little more time to mobilize and to get their critical team members on site. He said Zachty-Centex did not have local involvement for their team management. Mr. Noyola said that Fulton/Coastcon proposed $38.9 million on the base bid and $39.6 million with the additive alternates. However, he reiterated that the budget is $33.1 million, which is a large variance from Fulton's proposal. Mr. Massey said the first priority is to do value engineering, which means that there are many alternative ways to complete the project. Mr. Noyola asked why staff does not start the negotiations with the lowest bidder. Mr. Massey said staff's recommendation in determining which contractor potentially offers the best value for the city is not the lowest bidder. He added that the Council made very specific decisions about what procurement procedure to use. Normally, the city's procurement procedure is the lowest responsible sealed bid; however, this project used competitive sealed proposals. Mr. Noe said that a 7% contingency (about $2.5 million) has been set aside for any contract change orders. Mr. Noyola asked about the time table for the arena project. Mr. Stowers said staffis already implementing value engineering methods and they expect to bring a contract to the Council in December 2002. He said their objective was to meet the 2004 basketball season and staffbelieves they can make that one of the conditions of the contract award. Council Member Garrett asked if all of the contractors were aware of the ranking criteria. Mr. Massey replied that the actual bid package laid out the various categories, specified the points that would be assigned to each, and required them to submit information that was used to evaluate each company in each category. Mr. Garrett asked if there is anything unusual about this ranking procedure. Mr. Massey said there is not; he added that normally these factors are looked at under the typical bid process but from a "Yes" or "No" standpoint to determine if each company qualifies. Mr. Garrett asked Mr. Massey if he communicated with any of the contractors other than Minutes - Special Council Meeting November 5, 2002 - Page 5 what they submitted to the committee. Mr. Massey said he did not. Mr. Stowers said that in one case there was confusion with some of the materials submitted and Mr. Escobar requested a clarification. Referring to the contractor's plan for participation, Mr. Massey said if the contractor did not allocate everything, there was the potential for losing credit. Mr. Stowers said there was some doubt in the minds of the Technical Committee members about the impact of that element. The decision was to take the local and local minority participation that the companies reported and use that as the basis for the ranking. He said there was a minor adjustment made because of the uncertainty that it was not fully allocated but it was not enough to make any difference in the rankings in the end. Responding to Mr. Scott, Mr. Bob Farmer, Gilbane Building Company project executive, said they are very familiar with this process because Gilbane acts as project manager on many projects across the country. He said they have reviewed hundreds of proposals of this nature. He said they typically do not see a disclosure of the numbers, especially in the higher education arena. Council Member Colmenero asked what the city will be attempting to accomplish through the negotiations. Mr. Massey said there are certain areas in which staff knows there is a potential for savings to be achieved. He said they will ask the contractor to suggest construction techniques other than those in the city's specifications. He said they will also work with Gilbane and the architects to ensure that the best possible structure is built. He added that it is their objective to stay within the construction budget. He said the contingency funds are intended to pay for any changes after the contract is awarded. Mr. Stowers said Zachry, Lyda/Arana/Durden, and Satterfield & Pontikes were not contacted regarding the non-allocation of the total contract value. Mr. Chesney asked Mr. Farmer to further explain the process used. Mr. Farmer said they were hired as project managers and they parmered with Anderson Group (a local firm). They have been involved in this process from the very beginning of the design phase and they participated in the meetings with the City Major Construction Projects Advisory Panel. In addition, they provided technical expertise to city staff whenever asked as far as developing the request for proposals, scoring and other aspects. In this case, their team was also part of the Technical Committee. Mr. Chesney asked ifGilbane or Anderson Group have any financial ties to any of the four proposers and Mr. Farmer said they do not. He also further described their actions on the Technical Committee and said their rankings match up with staff's rankings. Responding to another question from Mr. Chesney, Mr. Farmer said this process allows the city to choose a contractor that will provide the best value to the city, which takes in all the rest of the criteria than just the cost. He said he thinks that all four companies would be able to build the arena within the $33.1 million budget. Mayor Neal reviewed the actions the Council took to establish this process. He then asked Mr. Massey, Mr. Stowers, Mr. Escobar and Mr. McDaniel if at any time they had any influence or contact by any member of the Council or the Mayor to influence this process. The four men replied negatively to the Mayor's question. The Mayor then called for public comment. Mr. Abel Alonzo, 1701 Thames, said he feels this process was political. He said as a member of the Airport Board, he strongly recommended that Mr. Joe Fulton's company receive the contract Minutes - Special Council Meeting November 5, 2002 - Page 6 for the new terminal construction. He said that is an indication that he has nothing against Mr. Fulton personally. Mr. Alonzo said he wants to know if any of the committee members involved in this process ever worked for Mr. Fulton. He said he'd like to know the mount of the lowest bid for this project. Mr. Alonzo added that while Hispanics are the minority when it comes to equal participation in contracts and other opportunities, they are the majority in population. Mr. Noyola said there is about a $1.4 million difference in the bids. Mr. Scott reiterated that all the proposals were over the $33.1 million budget and they need to stay within that budget. Mr. Chesney said it is not fair to come to the Council and make accusations about this being a political process without evidence to support that claim. Mr. Ernest Garza said he is part of the outreach program for the EGI/Zachry/Centex team. He said they are concerned about the $1.4 million variance in the proposals. He said he understands that local participation is critical in Corpus Christi but 75% of the scoring was price. He said if the $1.4 million is taken out, it skews the points that were awarded. He said it leads to subjective results. Mayor Neal asked Mr. Garza if be was saying that if they negotiate the cost down, it will come out of the minority or local contractor part. Mr. Garza said it could affect the total participation amount. Mr. Ralph Durden said that based on the city's figures of $35,325,160 as the base bid plus alternate No. 1, Lyda/Arana/Durden is the low bidder by $4,000. He said they beat Zachry, who is second and they beat Fulton/Coastcon by $1,478,000. He said they think those are significant numbers and since all are over budget, cuts would have to be made as follows: Fulton-cut $4,246,000; Lyda/Arana/Durden-cut $2,771,000; and Zaehry-eut $2,767,000. He said they thought price was the most important consideration because it was worth 750 points. He said if they took less than $500,000 of the $1,478,000, they could increase their local participation by over $7 million. He said they could also increase their minority participation in this project. Mr. Durden referred to the participation breakdown and he said he does not know of any general contractor that subs 100%o of a job. His company is subbing close to 80% and 20% of it is self-performed. He said the percentages they submitted are based on the amount of subcontracts they will issue. He added that the city required the proposers to submit an enormous amount of detail and he said the City Manager faxed to the Council copies of all their subcontractors and prices. Mr. Durden said they would like to know where they got beat on this contract. Ms. Lupe Arana said that Arana/Durden is the onlyHispanic-owned and female-owned small business. She said they would like to know if there is additional scoring allowed for that fact. Mr. Stowers said if it is a local or local minority, their percent of the contract as reported by their submittal was the percent that was given in order to arrive at the ranking. It is not a double or triple count based upon multiple characteristics. Mr. Chesney referred to Mr. Durden's comment about the release of documents to the Council. Mr. Bray replied that the City Council is part of the city organization itself and that is not releasing it to the outside. Mr. Chesney said he would like to see the point breakdown. Mr. Rene Garcia said he represents the team of EGI/Zachry/Centex and he said he understands the process. He said Zachry is an international company and has been involved in many Minutes - Special Council Meeting November 5, 2002 - Page 7 of these processes, although he does not think they have ever been involved in one that has created such controversy. He said it depends on how the process is executed and he believes the intent of the people involved was very positive. He said he believes there were items in their submission that were not taken into account on the grading. He said Zachry has over 1,500 employees in Corpus Christi, including management personnel, and he questioned their ranking on the mobilization criterion. He said there was a published target of 45% for local and minority participation and they exceeded it while also giving the city a very competitive price. He said they are ready to sit at the table with the city to discuss value engineering recommendations and to get the project into budget. Mr. J.E. O'Brien, 4130 Pompano, asked if the Anderson Group has any connection with the Arthur Anderson audit firm. Mayor Neal said it does not. Mr. O'Brien read some headlines regarding trust and credibility at City Hall, employee health insurance low bids, and the "padrone" system. He suggested that it would be good public policy for the city to release all of the dollar amounts of the various proposals. Mr. Marty Garza said he is Vice President for Centex Construction Company, which is part of the Zachry/EGI team. He said he is very familiar with the competitive sealed proposal/ construction manager at risk processes. He said the city's request for proposals listed only 40 points out of 1,000 for local minority and local participation. He said the discussion has indicated that the issue of local participation tended to gravitate into some of the other criteria. He said it appears that they were not ranked number one because of local participation but it does not make much sense. Mr. Kinnison said he understood that the awarding of points on the bid price segment, which counted for 750 points, was nothing more than a mathematical calculation. Mr. Massey said that is correct. Using hypothetical figures, Mr. Kinnison gave an example of his contention. Mr. Stowers noted that the so-called low bid became the basis for 750 points and that bid was divided by each of the succeeding bids in order to arrive at a pementage, which was then multiplied by the 750 points. He said that question was asked and answered during the pre-proposal submittal. Mr. Kinnison said they are not going to spend more money regardless of which contractor is selected but all of it will be spent. Other important factors are the time table and local participation. He also asked how cities are able to use the competitive sealed proposal process. Mr. Stowers said it became available for cities' use last year but other entities have used it for years. Mr. Kinnison asked if builders support it. Mr. Massey said that generally road contractors have not been very supportive of different procurement techniques whereas vertical construction companies do support them. Mr. Derwood Anderson of Anderson Group said that competitive sealed proposals have been used in K-12 construction for many years throughout Texas and about three years ago it began to be used in university systems; now it is being utilized by municipalities. He said they have been very active in all of the different procurement methods as well as in the ranking system. He said it basically unties the hands of entities to make decisions that the commercial marketplace has been making for many years; i.e., that past performance now counts. Responding to another question fi:om Mr. Kinnison, Mr. Garcia said that some contractors are very good at being the low bidder but they provide inferior products. He said the city has Minutes - Special Council Meeting November 5, 2002 - Page 8 encountered that several times where they have had to terminate construction contracts because of the poor quality of the work. He said this process allows the city to avoid those problems by being able to take the track record of a contractor into consideration in addition to the bid they submit. In reply to Mr. Kinnison, Mr. Stowers said they feel the local contractors and local minority subcontractors are effective and are good business people and they can hold their own with out-of- town firms. Mr. Massey said that in order to change the list of subcontractors, the city, the general contractor and the subcontractor would have to agree. Mr. Kinnison said he wants to see the same emphasis on quality in the arena project that is apparent in the new airport terminal. He said this was a close call and any of these companies would do a good job. Mr. Longoria said the Council purposefully chose not to use low bid as the only criterion in choosing a contractor for the arena project. Rather, they chose to explore other alternatives. He said the minority community was very vocal about wanting to be involved in projects like this so the Council structured the contract specifications and bids to ensure maximum oppommity for both local and small contractors. He said they received a tremendous response from the proposers and this contract could have gone either way. He said this was a difficult decision and he feels comfortable with the recommendation city staff is making. Mr. Colmenero said the city has been working very closely with contractors to provide quality projects and the participating companies put forth a great effort. Mayor Neal thanked all those who worked on behalf of the city and those who submitted proposals. He said they will now try to move this project forward. City Secretary Chapa polled the Council for their votes as follows: 1. M2002-364 Motion approving the recommended ranking of contractors for the multi-purpose arena and authorizing the City Manager or his designee to enter negotiations in accordance with the Local Government Code. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Kelly abstaining. Mr. Garcia said the point totals provided to the Council are confidential until after the contract is awarded. The Council members retumed the information to the City Manager. There being no further business to come before the Council, Mayor Neal adjourned the special Council meeting at 1:43 p.m. on November 5, 2002. 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM 4 CITIZENS ADVISORY HEALTH BOARD - Four (4) vacancies with three-year terms to 11-11-05. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three-year terms and five (5) by the Commissioners Court; and one member appointed jointly by the City and the County. The board elects its own president and vice president. MEMBERS TERMS ORIGINAL APPTD. DATES Leo Barrera, Jr. (County), Chairman Rose Caballero (County) * Melinda Gonzales (City) VACANT (County) ** Ikoza Bennett (City) *** Marilyn Kostelnik (City) * Erika Escobedo-Benson (City) Dr. Tony Diaz (County) VACANT (County) **** Blanca Rosa Garcia (Joint) Amanda Stukenberg (City) Non-Expiring 04-24-84 Non-Expiring 04-01-99 11-11-02 08-15-95 Non-Expiring 11-11-02 12-10-96 11-11-04 11-13-01 11-11-02 05-08-01 Non-Expiring 11-11-78 Non-Expiring 1 I-11-02 05-09-95 11-11-03 05-08-01 * Seeking reappointment ** Not seeking reappointment *** Resigned **** Pending ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Melinda Gonzales (City) 7 Erika Escobedo-Benson (City) 7 6 86% 4 57% INDIVIDUALS EXPRESSING INTEREST Karen Beard Injury Prevention Specialist, Driscoll Children's Hospital. Member of the Head Start Health Advisory Committee, Flour Bluff PEP Advisory Council, First Baptist Church and various recreation and youth committees. (10-23-02) Irene Chavez 11-12-02.doc, p. 1 Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Gloria Far/as Laura Hebert William Koprowski, J.D., Ph.D. 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) Retired. Licensed social worker. Professional and community activities include: former member of Senior Community Services Advisory Committee, Mayor's Council on Senior Citizen Affairs, Hispanic Council on Aging and Asst. State Coordinator for AARP. Recipient of AARP Outstanding Leader Award - 2000 and the National Hispanic Council on Aging Distinguished Fellow Award - 2001. (11-26-01) Professional Insurance Advisor, Arvak Insurance Group. Community activities include: President Elect of the CBAHU, President of Delta Gamma, RCIA teacher, and member of Eastern Star 354. (10-16-02) Professor & Program Manager of Health Admi- nistration, Texas A&M University-Corpus Christi. J.D., University of South Carolina; Ph.D., Temple University, M.S. from University of Southern California; B.A. from Temple University. Member of Texas Healthcare Information Council and Board Member of Healthcare Financial Management Association. Special awards received include: Fulbright scholar. (7-25-01) 11-12-02.doc, p. 2 FOOD SERVICE ADVISORY COMMITTEE - One (1) vacancy with term to 6-24- 03 representing the category of Community at large. DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct heatings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art. 19-84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative, and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three-year term. MEMBERS TERM ORIGINAL APPTD. DATE John Denson (Food Industry) Carlos Moreno (Food Industry) Bob Ard (Food Industry) William Schroeder (Community at Large) Tommy Watson (Community at Large) Suzanne Greene Gilliam (Food Industry) Gabriel Hemandez (Community at Large) 6-24-05 8-20-02 6-24-03 7-08-97 6-24-03 9-12-00 6-24-05 6-08-99 6-24-03 3-07-00 6-24-04 9-12-00 6-24-04 3 - 10-98 * Resigned to serve on the Park and Recreation Advisory Committee OTHER INDMDUALS EXPRESSING INTEREST Jody Houston Director, CCISD Foodservice. M.B.A. from Corpus Christi State University and B.S. in Nutrition and Dietetics from the University of Texas at Austin. Community and professional activities include the following: Vestry member of St. Bartholomew's Episcopal Church and State Secretary of the Texas School Food Service Association. (Food industry) (7-25-02) DoheJo~an 11-12-02.doc, p. 3 Retired Cook - 21 years Bethune Day Care Center and Peter Pan Day Care. Volunteer meal server, Oveal Williams Senior Center. Volunteer cook, St. John's First Baptist Church. (Community at large) (1-2S-00) Lisa B. Pollakis Co-owner, Vick's Famous Hamburgers. B.S. in Hotel, Restaurant & Institutional Management, The Pennsylvania State University. Served as the Nutrition Coordinator for Senior Community Services with the City of Corpus Christi for ten years. (Food Industry) (8-30-00) James Robbins 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). (Community at large) (S-10-02) 11-12-02.doc, p. 4 c. LIBRARY BOARD - Three (3) vacancies with two-year terms to 11-05-04. DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Ten (10) members, eight (8) members shall be appointed for two- year terms by the City Council and two (2) members shall be ex-officio members. The president of the La Retama Club shall be ex-officio with vote and the president of the Friends of the Corpus Christi Public Libraries shall be ex-officio without vote. MEMBERS TERM ORIGINAL APPTD. DATE Patty Nuss, Chairperson * Yvonne Klystra, Vice-Chairperson Reynaldo Rodriguez * Margaret Moss Charles Bumes Dr. C. Thomas Cron ** Sue Stanford Treva Bedwell Robin Carter, Pres., La Retama Club Ken Kellar, Pres., Friend of Libraries 11-05-03 05-20-97 11-05-02 12-12-00 11-05-03 11-13-01 11-05-02 12-08-98 11-05-03 03-10-98 11-05-03 11-13-01 11-05-02 03-26-96 11-05-03 03-10-98 Ex-Officio Ex-Officio * Seeking reappointment ** Has met the six-year service limitation and is ineligible for reappointment ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Yvorme Klystra, Vice-Chair 10 Margaret Moss 10 9 90% 9 90% OTHER INDIVIDUALS EXPRESSING INTEREST Nancy Gray Retired. B.A. in Sociology, Lamar University. Community activities include: Treasurer of New Neighbors League, YWCA board member and United Way Allocations Panel Member. (10-26-01) 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 11-12-02.doc, p. 5 Business, George Washington University; B.A. in Marketing, Dhaka University, Bangladesh. Recipient of Distinguished Teacher Award from the University of New Haven. Member of the American Marketing Association, Academy of International Business and Alpha Mu Alpha (AMA honor society). Currently serving on the Library Committee at Texas A&M-CC. (9-28-01) 11-12-02.doc, p. 6 do LANDMARK COMMISSION - Six (6) vacancies with three-year terms to 11-20-05 representing the following categories: 1 - History Professor, 1 - History Teacher, 1 - Regular Member, 1 - Engineer, 1 - Real Estate and 1 - Historian. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. ORIGINAL MEMBERS TERM APPTD. DATE Deborah Douglas (Historian), Chairperson 11-20-03 * Alan Belcher (History Professor), Vice-Chair 11-20-02 Sharon Brower (Regular Member) 11-20-03 Michael Cleary (Regular Member) 11-20-04 Alan Wahlers (Architec0 11-20-04 Myron Grossman (Real Estate) 11-20-03 * Richard Moore (History Teacher) 11-20-02 Susan Abarca (Title Search) 11-20-03 * Bunny Tinker (Regular Member) 11-20-02 Kevin Maraist (Regular Member) 11-20-04 ** Tom Stewart (Engineer) 11-20-02 * Grandis Lenken (Real Estate) 11-20-02 Elmon Phillips (Regular Member) 11-20-04 * Tom Kreneek (Historian) 11-20-02 Terry K. Off (Architect) 11-20-03 04-25-95 08-12-97 09-08-98 07-13-99 12-11-01 05-15-01 07-11-01 05-15-01 05-15-01 09-08-98 10-13-98 07-08-97 08-24-99 09-12-00 07-13-99 * Seeking reappointment ** Not seeking reappointment 11-12-02.doc, p. 7 ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Alan Belcher (History Prof.) 9 Richard Moore (History Teacher) 9 Bunny Tinker (Regular) 9 Grandis Lenken (Real Estate) 9 Thomas Kreneek (Historian) 9 6 (3 ex. ab.) 67% 9 100% 9 100% 5 (4 ex. ab.) 56% 5 (4 ex. ab.) 56% NOTE: Since Tom Stewart (Engineer) is not seeking reappointment, the Landmark Commission is recommending that Elmon Phillips (retired engineer), currently representing the category of Regular Member, be allowed to represent the Engineer category. This would create a vacancy in the Regular Member category. The commission is recommending that Thomas Kreneck (Historian), be allowed to fill the Regular Member vacancy and that David Blanke be appointed to represent the Historian category. OTHER INDIVIDUALS EXPRESSING INTEREST Kurt Adams History Teacher, C.C.I.S.D.B.A. in History, M.S. in Educational Administration, Ed.D. in progress. Active with the U.S. Army Reserves, Reserve Officer Association and Phi Delta Kappa. (History teacher) (1-24-01) David Blanke, Ph.D. Assistant Professor of History, Texas A&M - C.C. Ph.D., M.A. in H/story f~om Loyola University (Chicago). Member of the Organization of American Historians and the American Historical Association. (Historian) (9-20-01) Leslie R. Kosik Realtor/Relocation Assistant, Prudential Real Estate Center. Currently attending Texas A&M-CC seeking a Bachelor's of Fine Arts. Active with the Prudential Spirit of the Community program which recognizes school children and their achievements. (Real estate) (5-11-01) Burris W. McRee Principal Broker/Owner, Gulftex Properties. Member of the C.C. Association of Realtors TREPAC Committee. Has been an active Real Estate broker in South Texas for over 25 years. Holds both the CPM and CCIM designations, the 11-12-02.doc, p. 8 Geraldine McGloin David Pyle only broker south of San Antonio to do so. (Real estate) (5-11-01) Retired. Graduate of Incarnate Word Academy, San Antonio, TX. Member of the C.C. Area Heritage Society, the Nueces County Historical Commission and the C.C. Cathedral Historical Commission. Has been involved in historic preservation for many years. Managed the McGloin Home in San Patficio County for 18 years. (Historian) (4-04-01) Survey Department Manager, Naismith Engineering. Attended Del Mar College. Chapter President of the Texas Society of Professional Surveyors. Has been a registered professional land surveyor since 1988. (Property surveyor) (12-06- 00) 11-12-02.doc, p. 9 WATER RESOURCES ADVISORY COMMITTEE - One (1) vacancy with a term to 4-01-04 representing the category of School district. (Mayoral appointment subject to confirmation by Council) DUTIES: To advise the 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 apathaent 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 Carola Serrato (Wholesale treated), Chair Kimberly Stockseth (Resident.), Vice-Chair Jori Kiggans (Lg. commercial) Bob Kent (Port Industries) * Conrado Garcia (School district) Capt. Paula Hinger (Military facility) Herman Johnson, Sr. (Landscaping) Lena Coleman (Apt. Owners) Dr. Jane Stanford (Citizen at Large) Council Member Henry Garrett 4-01-03 02-12-02 4-01-03 02-12-02 4-01-03 02-12-02 4-01-04 02-12-02 4-01-04 02-12-02 4-01-03 10-08-02 4-01-04 02-12-02 4-01-04 02-12-02 4-01-04 10-08-02 Ex-officio, non-voting * Resigned INDIVIDUALS EXPRESSING INTEREST Residential (Homeowner) Kevin Betts Executive Director, Trinity Towers Retirement Community. Associate's degree from Columbus State College. Certified Assisted Living Manager in Texas. (Residential) (6-15-01) Lawrence H. Wilk, M.D. Orthopedic Surgeon. B.S. in Psychology, University of Michigan; M.D., Orthopedic Residency. Currently serving on Coastal Bend 11-12-02.doc, p. 10 Health Facilities Development Corporation. (6-29- Ol) Large 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. OFholesale raw water) (2-06-02) Jim Nalsmith Manager/Dislx/ct 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. (}Fholesale treated or raw water) (2-06-02) LandscaoinefItorticulture/Nursery James Gill President, Gill Landscaping Nursery. Member of the Texas Certified Nursery Professional Board. (Landscaping) (10-30-01) Jim Parker President, Parker Landscaping Company. B.B.A. from North Texas State University. (Landscaping) (lO-24-Ol) 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. (Horticulture) (11-13-01) 11-12-02.doc, p. 11 Citizen at Large Douglas R. Dunn School District Karen G. Rue, Ed.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) (1-30-02) Superintendent, Tuloso-Midway Independent School District. Ed.D. from Texas A&M - College Station; Master's degree in Education Administration from Lamar University (Beaumont, TX). (School district) (10-08-02) 11-12-02.doc, p. 12 f. WEED AND SEED PROGRAM STEERING COMMITTEE - Two (2) vacancies with two-year terms to 11-01-04 representing the following categories: 1 - resident of Site 1 area (Northside) and 1 - resident of Site 2 (Westside). DUTIES: Provide program oversight and make recommendations to City Council. COMPOSITION: A total of eleven committee members. The City Council shall appoint two (2) residents each fi.om Site 1 (North) and Site 2 (West). One representative shall be appointed by each of the following entities: Corpus Christi Police Department, West Oso ISD, Corpus Christi ISD, Housing Authority, County Attomey's office, District Attorney's Office and the U.S. Attorney's office. A Weed and Seed Program staff member and the Park and Recreation Department Program Director shall serve as ex- officio, non-voting m~nbers. The U.S. Attorney representative will serve as Chairperson of the Committee. The Chairperson votes only in the event of a tie and becomes the tiebreaker. This committee will expire on August 31, 2004, unless funds for the program end sooner. MEMBERS TERM ORIGINAL APPT. DATE Debra Hohle (U.S. Atty.), Chairperson Peggy Beasley (Site 1) Joel Mmphord (Site 1) Patsy Parmer (Site 2) Lucio Garcia (Site 2) Chief Pete Alvarez (CCPD) Georg Johnson (CCISD) Richard Franco (Hs. Auth.) Laura Garza Jimenez (County Atty.) Dr. Maurice Portis (West Oso ISD) Gail Gleimer (District Attorney's Office) George Hodge (Weed and Seed) Dan Whitworth (Park and Recreation) Ex-officio, nonvoting 11-01-02 11-01-03 11-01-02 11-01-03 Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, nonvoting Ex-officio, nonvoting 11-09-99 01-08-02 11-09-99 11-09-99 Seeking reappointment ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Peggy Beasley (Site 1) 10 9 Patsy Panner (Site 2) 10 5 (5 ex. ab.) % OF ATTENDANCE LAST TERM YEAR 90% 50% 11-12-02.doc, p. 13 OTHER INDIVIDUALS EXPRESSING INTEREST Louella Coleman Retired, Corpus Christi State School. High school graduate and nursing school graduate. President of D.N. Leathers project. Recipient of Jefferson Award. (Site 1) (12-01) Juan Meave, Jr. Maintenance Worker, Prime Property. Has volunteered with Operation Paint Brush and the Mary Grett School for Handicapped Children. (Site 2) (~-03-02) 11-12-02.doc, p. 14 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three (3) riding mowers from Jones Equipment & Turf Inc., Fort Worth, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $33,324. The riding mowers will be used by the Park & Recreation Department. Funds are available in the FY2002-2003 Capital Outlay Fund. BACKGROUND: Purpose: The three (3) mowers will be used by the Park & Recreation Department. These mowers are replacements and will be used to maintain the City parks. Price Comparison: The City purchased similar equipment in 2001 for a unit price of $9,827.00. Similar mowers are available through HGAC at a higher price. Award Basis: State of Texas Cooperative Purchasing Program Funding: Maintenance Services 550020-5110-40120 Capital Outlay Line Item 115 Procurement and G eral Services Manager $33,350 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION BI-0023-03 Riding Mowers Item Description 1 72" Riding Mower w/diesel Engine and Power Lift Deck Total Jones Equipment &Turf Inc. Fort Worth, Texas Unit Extended Price Price $ 11,108.00 $ 33,324.00 $ 33,324.00 In accordance with the State of Texas Cooperative Pumhasing Program 6 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of one (1) line jetting truck from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $79,725.55. The award is based on the cooperative purchasing agreement with HGAC. This vehicle will be used by the Wastewater Department. Funds are available from the FY 02~03 Capital Outlay Budget. This item will be an addition to the fleet. BACKGROUND: Purpose: This vehicle will be used by the Wastewater Department to clean and clear blockages in the smaller diameter waste water lines. Award Basis: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. This type of vehicle is not under contract through any other cooperative purchasing agreement available to the City. Price History: The City purchased a similar vehicle in FY 01/02 for a cost of $79,009.02. Funding: Michael Barrera, C.] Wastewater - Line Item 106 550020-5110-40120 Procurement & General Services Manager $85,000 LINE JETTING TRUCK BID INVITATION NO.: BI-0029~03 BUYER: ESTHER C. BARRERA VENDOR HOUSTON-GALVESTON AREA COUNCIL CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION IQ'rY. I UNIT ITOTAL PRICE I 1 EACH ~79,725.$5 7 COUNCIL MEMORANDUM RECOMMENDATION: (A) Appropriating $46,754.62 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment and amending the FY 2002- 2003 Capital Budget adopted by Ordinance No. 024974 to increase appropriations by $46,754.62 in the No. 5110 Maintenance Service Fund. (B) Motion approving the purchase of seven flatbed trailers, from H&V Equipment Services, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0007-03 based on low bid for a total amount of $46,754.62. The trailers will be used by Storm Water, Water and Wastewater Departments. Three items are replacements and four are additions to the fleet. Purpose: One 12 ton trailer will be used by the Storm Water Department and is an addition to the fleet. It will be used to transport a newly purchased backhoe. Two 6 ton trailers are purchased for the Storm Water and the Water Departments and will be used to transport a compact backhoe and skid steer loader. Both trailers are additions to the fleet. One 5 ton trailer is an addition to the fleet and will be used by Wastewater to transport a mini-track excavator. The remaining 5 ton trailers are replacements and will be used by the Water Department. Bid Invitations Issued: 16 Bid Invitations Received: 2 Basis of Award: Low bid. Funding: Funding for these items was originally included in the FY01/02 Capital Outlay. Monies are available in the Reserve for Capital expenditures for the purchase o£these items. 550020-5110-40120 $67,500 Capital Outlay Numbers - FY01/02 148, 149, 165, 166, 169, 170 and 180 Michael Barrera, C.PJ¥1. Procurement & General Services Manager Bid Item CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Description 12 Ton Flatbed, non-tilt Dove Tail Trailer 6 Ton Flatbed, non-tilt Dove Tail Trailer 5 Ton Flatbed Trailer BID INVITATION NO. B1-0007-03 Trailers H & V Equipment Services Corpus Christi, Texas NES Equipment Services Christi, Texas $9,377.70 $15,200.00 $15,200.00 6,733.00 13,466.00 11,400.00 22,800.00 5,977.73 23,910.92 6,000.00 24,000.00 $46,?54.62 $62,000.00 ORDINANCE APPROPRIATING $46,754.62 FROM THE RESERVE FOR CAPITAL OUTLAY IN THE NO. 5110 MAINTENANCE SERVICE FUND TO PURCHASE EQUIPMENT AND AMENDING THE FY 2002-2003 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 024974 TO INCREASE APPROPRIATIONS BY $46,754.62 IN THE NO. 5110 MAINTENANCE SERVICE FUND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $46,754.62 is appropriated from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment. SECTION 2. That Ordinance No. 024974 which adopted the FY 2002-2003 Operating Budget is amended to increase appropriations by $46,754.62 in the No. 5110 Maintenance Service Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attomey ,2002 By: Lisa Aguilar Assistant City Attorney 8 AGENDA MEMORANDUM RECOMMEDATION: Motion approving a supply agreement with Univar, USA, Inc, Corpus Christi, Texas for approximately 1,312,079 pounds of sodium bisulfite in accordance with Bid Invitation BI-0006-03 based on best and lowest bid for an estimated annual expenditure of $190,251.46. 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 Wastewater Department in FY02- 03. Purpose: This chemical will be used for dechlorination at the four Wastewater Treatment Plants. Previous Contract: The option to extend the current contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid Invitations Issued: Eleven Bids Received: Two Award Basis: Best and Lowest Bid Neither of the two bids received meet all aspects of the bid insurance requirements. However, the standard instructions to bidders, included in the bid documents, allows the City to waive as an informality, minor deviations from specifications, if it is determined that the overall function is not impaired. Staff has decided to waive the deviation in Univar's bid as it does not impair the overall function of the use of the chemical. Funding: Wastewater Treatment Plants: Broadway Treatment Plant - 520010-4200-33100 - $ 55,000 Oso Treatment Plant 520010-4200-33110 - 125,000 Allison Treatment Plant 520010-4200-33130 - 20,000 Laguna Madre Treatment Plant- 520010-4200-33140 - 30,000 Total $230,000 Mich~e'~ [~"arrera, C.P.~. Procurement & Genedal Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INIVITATION NO: B1~0006-03 SODIUM BISULFITE SOLUTION BUYER: ESTHER C. BARRERA ITEM DESCRIPTION BROADWAY TREATMENT PLANT 2 OSO TREATMENT PLANT 3 ALLISON TREATMENT PLANT 4 LAGUNA MADRE TREATMENT PLANT QTY UNIT 334,580 LBS 699,336 LBS 104,966 LBS 173,197 LBS UNIVAR USA, INC. ;ORPUS CHRISTI, TX. UNIT TOTAL PRICE PRICE 0.145 0.145 0.145 0145 SOUTHERN IONICS HOUSTON, TX. UNIT TOTAL PRICE PRICE $48,514.10 0.1545 101,403.72 0.1545 15,220.07 Q1545 25,113.57 0.1545 $51,692.61 $108,047.41 $16,217.25 $26,758.94 TOTAL ~190,261.46 $202,716.21 9 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a software maintenance and licensing supply agreement with SHI-Government Solntions, Austin, Texas for Novell NetWare Operating System, Novell GroupWise and Novell ZENWorks in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $84,283.93. 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. Purpose: The Master Licensing Agreements (MLA) for Novell NetWare Operating System and Novell GroupWise will continue licensing the City's network operating system and e-mail system for the next twelve months. The MLA's provide for software upgrades and technical support, at no additional cost to the City, throughout the term of the agreement. Novell ZENWorks is a network management MLA that enhances the City's troubleshooting capability and substantially decreases the amount of time required to resolve software problems. Basis of Award: State of Texas Cooperative Purchasing Program-Qualified Information Systems Vendor. Funding: Procurement&Get MIS Oper~ing Budget 530000-5210-40480 530000-5210-40420 ? :ral Services Manager Total $42,141.96 42,141.97 $84,283.93 SHI-Government Solutions Pricing Proposal Quotation #: 309062 City of Corpus Christi John Speiss PO Box 9277 1201 Leopard Corpus Christi, TX 78469-9277 Phone: 512-880-3750 Fax:512-880-3741 All Prices are in US Dollar (USD) Product SHI-Government Solutions Account Exec Sandra Pisula SHI Government Solutions 1250 Capital of Texas Hwy South Building One, Suite 350 Austin, TX 78746 Phone: 800-845-6801 Fax: (512) 732-0232 Qty Your PHce Total 1153 20.83 24,016.99 Netware Node Maintenance Mfg Part~: MNT-005178-001 2 Groupwise Mailbox Maintenance Mfg Part~: MNT-005152-001 1129 17.19 19,407.51 3 ZENworks for Desktops/Server Suite User Maintenance Mfg Part#: MNT-005283-001 903 10.42 9,409.26 4 NETWARE 6 & PRIOR NODE LICENSE - ANNUAL MAINTENANCE REQUIRED WITH LICENSE. CURRENT MAINTENANCE PERIOD ENDS AUGUST 31 ST; RENEWAL MAINTENANCE DUE EACH SEPTEMBER 1ST Mfg Pad#: UC-005609-001 118 82.29 9,710.22 5 GROUPWISE 6 & PRIOR 1-USER LICENSE - ANNUAL MAINTENANCE REQUIRED WITH LICENSE. CURRENT MAINTENANCE PERIOD ENDS AUGUST 31 ST; RENEWAL MAINTENANCE DUE EACH SEPTEMBER 1ST Mfg Part#: LIC-005577-001 225 67.71 15,234.75 NOVELL CLUSTER SERVICES 1.6 & PRIOR FOR NETWARE 6 CLUSTER SERVER LICENSE - ANNUAL MAINTENANCE REQUIRED WITH LICENSE. CURRENT MAINTENANCE PERIOD ENDS AUGUST 31 ST; RENEWAL MAINTENANCE DUE EACH SEPTEMBER 1ST Mfg Part~: LIC-005615-001 2 2,601.56 5,203.12 NOVELL CLUSTER SERVICES 1.6 FOR NETWARE 6 CLUSTER SERVER MAINTENANCE * ANNUAL MAINTENANCE REQUIRED WIT~. LICENSE. CURRENT MAINTENANCE PERIOD ENDS AUGUST 31ST; RENEWAL f~IktNTENANCE DUE EACH SEPTEMBER 1ST Mfg Part#: MNT-005184-001 2 651,04 1,302.08 Additional Comments Total 84,283.93 Novell Master License Agreement Maintenance for the period: Sept. 1, 2002 ~ August 31, 2003 *** PLEASE REFERENCE YOUR NEW MIA MEMBERSHIP NUMBER 127345-M5X0804 ON YOUR PURCHASE ORDER *~* please submit this quote along with your purchase order. file://H:\MIS-DIR~EARL\WORDDOCS\NovelI%20MLA\SHI%20Quote%20# 309062.htm 10/1672002 10 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the City Manager or his designee to enter into a contract with Precision Task Group, Inc., Houston Texas for consulting services for the PeopleSoft Financial Applications upgrade in accordance with the State of Texas Cooperative Purchasing Program for an amount not to exceed $300,000. Purpose: The PeopleSofi Financials system was brought on-line in March of 1999. As part of the implementation at that time, the system was upgraded from version 6.0 to version 7.02. Today the City is still on version 7.02. In order to continue receiving support from PeopleSoft, the City must upgrade the Financials suite of the application from 7.02 to 8.4. The applications to be upgraded include general ledger, asset management, inventory, purchasing and accounts payable. The upgrade to PeopleSoft 8.4 will be a significant challenge as PeopleSoft has now merged the public sector code with the commercial code and has changed the format significantly from the current version. PTG has recently implemented 8.4 for the City of El Paso and will bring the knowledge and hands on experience needed to make the transition a success. The City expects to be live on this new version of software by July 31, 2003 coinciding with the end of the City's fiscal year. Basis of Award: State of Texas Cooperative Purchasing Program-Qualified Information Systems Vendor. Funding: Bond Fund 3170 $300,000 Michael Barrera, C.P.~ Procurement & General Services Manager 8.4 Upgrade Tasks PeopleSoft has merged the Education & Government product with the Commercial product for their Financials Suite of Applications. This has provided the City with an opportunity to take advantage of functionality not currently available in version 7.02. Consequently, these changes have necessitated an in-depth analysis of our business processes and existing data to ensure that the complex setup and business process reengineering required by the new system is done correctly. In an effort to take full advantage of these opportunities, the City has identified the following list of objectives and goals that the City expects to fulfill throughout the upgrade process for each of the five individual applications. · Unit test applications · Update procedural documents · Develop systematic test examples and document expected results · Establish user friendly training manuals · Utilize the query tool & PeopleBooks · Evaluate and modify business processes · Ensure interfaces function properly · Expand reporting capabilities · Identify end user issues prior to go - live event While it is understood that City staff will be focusing on the objectives listed above, it is expected that the consultant will spend approximately one month focusing on each application with the specific goals listed below in mind. As necessary, the consultant will augment City staff with troubleshooting systematic issues, and City staff will work hand and hand with the consultant on revamping the system as outlined in these goals. · General Ledger Enhancements Implement month end closes to reduce the time it takes to complete the CAFR and provide departments with more accurate expenditure and revenue numbers on a monthly basis. o Separate the Grant chart field from the Projects chart field for greater reporting capabilities. o New chart field configuration will allow for the re-naming of chart fields resulting in a more simplistic system for the end user. o Match fund accounts in PeopleSoft to CAFR accounts and reduce CAFR completion time. o Reduce the number of funds in PeopleSoft for enhanced roll-up reporting. · Payables Enhancements o Remove duplicate and inactive vendors from the system. o Correct 1099 information on vouchers from the M4 system. o Implement ACH transactions for payments. Purchasing Enhancements o Implement workflow for transactions exceeding the various spending limits. o Set up Vendor Groups for the issuance of RFPs. o Track spending with HUB vendors. o Set system reminders for contract expirations. Test the new functionality of rolled purchase orders, automatically moving the money from one budget year to the next. This process is currently done manually by Budget Office each fiscal year. o Document acceptable business procedures as applicable to purchasing standards and the PeopleSoft application, o Develop training materials to retrain approximately 115 end users of varying skill levels in the new web environment using the documentation from above. ~ Update category list for use on purchase orders to improve contract negotiation. Inventory Enhancements o Create a second business unit for the warehouse to maintain separate purchasing and receiving data from other City departments. o Implement the use of inter-unit transfers for stock that will automatically create the markup whereby eliminating the need for our current interface and significantly improving the accounting of these transactions. o Test the new Return to Vendor adjustments that create a credit invoice. ~ Update distribution information to allow various departments to charge the same inventory item to different accounts based on the nature of the item's use. Asset Management Enhancements o Load depreciation schedules as determined by the City and American Appraisal Associates. © Test available GASB 34 reports. o Design and create any other necessary asset reports. 11 AGENDA MEMORANDUM DATE: November 12, 2002 SUBJECT: J.C. Elliott Landfill - Engineering Services Sector 10 Liner Improvements (Project #5145) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner, Moseley and Associates, Inc. in an amount not to exceed $99,700 for the J. C. Elliott Landfill Sector 10 Liner Improvements. ISSUE: Each disposal area within the J. C. Elliott Landfill consists of a disposal cell/sector with liners, monitoring requirements, and leachate and gas collection systems. Design of the next disposal cell, identified as Sector 10, needs to proceed at this time to assure the cell will be ready when required. RECOMMENDATION: Approval of the motions as presented. ~f{/~y~apla~" Director of Solid Waste Services Attachments: a. Additional Information b. Contract Summary c. Site Map ~l'/-Angel R'. Escobar, P.E. Director of Engineering Services H:\HOM E\KEVINS\G E N\LAN DFILL\S ECTOR9~AE-AWD.M ADDITIONAL INFORMATION BACKGROUND: The J. C. Elliott Landfill consists of a series of disposal areas that are developed as needed. Landfills have evolved from simple disposal sites with limited improvement into engineered systems providing a high level of environmental protection. Each disposal area within the J. C. Elliott Landfill consists of a disposal cell/sector with liners, monitoring requirements, leachate collection systems, and gas collection systems. The currently-used disposal area (Sector 8) was constructed in 1999 and is approaching its full capacity. The replacement disposal area was completed earlier this year. Engineering services for design and construction of the next disposal cell, identified as Sector 10, need to proceed at this time to assure that the constructed cell will be ready when required. PRIOR COUNCIL ACTION: Approval of the FY2002 Capital Budget, Ordinance No. 024730. FUTURE COUNCIL ACTION: Award of a contract for: · 9eotechnical services. · construction materials testing and laboratory testing services and TCEQ required liner/cover reports. · construction of Sector 10. CONSULTANT SELECTION: The firm of Shiner, Moseley and Associates, Inc. (SMA) is the lead project engineer for the J. C. Elliot Landfill. This firm is thoroughly familiar with the permit and cell/sector requirements and is the most knowledgeable local firm regarding current conditions at J. C. Elliott Landfill. They will be able to proceed expeditiously due to their familiarity with Sectors 5, 6, 7, 8, 9 and the TCEQ Elliott permit. CONTRACT SUMMARIES: The contract summaries are attached. See Exhibit B. FUNDING: Funding is available from Sanitary Landfill CIP Fund. I EXHIBIT "A" ] Page 1 of 1 1. SCOPE OF SERVICES A. Basic Services CONTRACT SUMMARY Design Phase. Upon receiving authorization to proceed, the Engineer will: a. attend and participate in project start and planning meeting (2 meetings) with City Staff to discuss planning design; construction sequencing, connections to the existing facilities and incorporate these issues into the construction plans; b. prepare one (1) set of Construction Bid and Contract Documents in City format; c. prepare final quantities and opinions of probable costs and probable construction schedule; d. furnish one (1) copy of 60% plans for review and approval purposes with opinions of probable construction costs. e. furnish complete construction and bid documents including revised opinions of probable costs; f. provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60%, and 100% complete plans and complete bid documents with specifications do not necessitate an excessive amount of revision and correction by City staff; g. provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction; and, j. provide a Storm Water Pollution Prevention Plan. Bid Phase. The NE will: a. participate in the pre-bid conference; b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. Construction Phase. The NE will perform contract administration to include the following: a. participate in pre-construction meeting; EXHIBIT "B" J Page 1 of 3 b. review for general conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d. provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; e. make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction; f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are nqt contrary to the general interest of the City under the contract; g. make final inspection with Cit~ staff and provide the City with a Certificate of Completion for the project; h. review construction "red-line" drawings, prepare record drawings of the Project Mc ccnctruct~d (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r. 14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in ~xf format with each layer being provided in a separate file. Attribute data Will be provided in ASCII format in tabular form. B. Additional Services (ALLOWANCE)~ This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE will, with written authorization by the Director of Engineering Services, do the following: Topographic Survey. Provide field surveys, as required for design and construction verification including the necessary control points required by the TCEQ for the various material layers and, coordinates and elevations of points. Establish base survey controls for line and elevation staking. Construction Observation Services. Provide Project Observation services including day-to-day detailed coordination with the City's staff and testing laboratory. EXHIBIT "B" J Page 2 of 3 2. SCHEDULE PROPOSED PROJECTSCHEDULE DAY DATE ACTIVITY Monday November 4, 2002 Begin Design Phase Friday December 6, 2002 60% Submittal Friday City Review (30 days/4 January 10, 2003 weeks) Friday January 24, 2003 Final Submittal Monday (2) February 10 and February Advertise for Bids 17, 2003 Wednesday February 19, 2003 Pre-Bid Conference Wednesday March 5, 2003 Receive Bids Monday April 7, 2003 Begin Construction Weekday July 10, 2003 Construction Completion FEES C. Summar~ of Fees Fee for Basic Services 1. Design Phase 27,000 2. Bid Phase 3,700 3. Construction Phase 15,000 Subtotal Basic Services Fees 45,700 Fee for Additional Services (Allowance) 1. Topographic Survey (AUTHORIZED) 1.1 Design Topographic & QA/QC Survey 3,000 Checks 28,500 1.2 Survey/Sector 10 Construction 31,500 Subtotal Survey 2. Construction Observation Services 22,500 Sub-Total Additional Services Fees 54,000 Total Authorized Fee $99,700 EXHIBIT "B" ] Page 3 of 3 \ Mprojec( \ councilexhibits \ exh5 ~ 2 4~5125,dwg LOCATION N.T.S. CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol= 1 DATE: 11 - 12-2002 CITY OF CORPUS CHRISTI, TEXAS J.C. ELLIOTT LANDFILL SECTOR 10 LINER IMPROVEMENTS SYSTEM INSTALLATION 12 AGENDA MEMORANDUM October 21, 2002 AGENDA ITEM: Motion approving the reimbursement application for $48,517.00 submitted by Shell Development Joint Venture, developer of Barclay Grove Unit 7 Subdivision, for the installation of 2125 linear feet of an off-site 12-inch PVC sanitary sewer collection line, and, Ordinance appropriating $48,517 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Shell Development Joint Venture's reimbursement request for the installation of 2125 linear feet of an off-site 12-inch PVC sanitary sewer collection line to develop Barclay Grove Unit 7 Subdivision; and declaring an emergency. ISSUE: Shell Development Joint Venture, developer of Barclay Grove Unit 7 Subdivision, has completed construction of public sanitary sewer improvements to the subject tract that was platted on April 10, 2002. The developer is requesting reimbursement of the installation of an off-site sanitary sewer collection line in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented, r Interim Director of Development ~{.er'~ices 'A~e[ F~. Escobar, P.E. ' ' Director of Engineering Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Exhibit C-1 Background Information Location Map Reimbursement Application Application for Sewer Line Credit AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Barclay Grove Unit 7 Subdivision required the off-site extension of 2125 linear feet of a 12-inch PVC wastewater collection line to the newly platted development (see Exhibit B - Location Map). The 12-inch sanitary sewer line is eligible for reimbursement as an off-site sanitary sewer collection line in accordance with the platting Ordinance. An application for reimbursement in the amount of $48, 517.00 has been submitted (see Exhibit C). In accordance with the reimbursement criteria in the Platting Ordinance, the 8.609 acre development is eligible for a remaining reimbursement eligibility of $ 59,095.00. Provisions of the ordinance allows the developer be credited for the actual off-site installation cost up to the amount of his lot / acreage fee upon submittal of an application for credit and approval by the Director of Engineering Services. A lot fee credit of $10,578.00 was granted. Because the lot fee wes not paid at the time of recordation of the plat, the developer is due the remaining reimbursement eligibility minus the lot fee value ($ 59,095.00 - $10,578.00 = $ 48,517.00). See Exhibit C and C-1. ClTY ACCEPTANCE: All work is completed, and the sanitary sewer line improvements have been accepted by the City for operation and maintenance. Page 1 of 1 ~------J{ ~ ~ARATOGA BLgJ~-j-I YORKTOWN BLVD, A~ MAP OFF6ITE ~ SANITARY 5EWER I I_, ~ LIPES ~ ~/ ~ BLVD. o ~ HANNEL FUTURE 5A~C~Y G~OVE UNIT5 UNIT 6 YORKTOWN BLVD. ~ BARCLAY GROVE OFFSITE LOCA T/ON MAP EXHIBIT SAN/7AR Y SEWER LINE RE/M~URSEMEN 7 Dept. of Engineering Services APPLICATION FOR S~R LINE REIMBURSEMENT We, Shell Land Management Co~ Inc. , owner and developer of Barclay Grove Unit 7 Subdivision, hereby request reimbursement of ~.517.00 for the installation of the sewer collection line in conjunction with Barclay Grove Subdivision, as provided for by City Ordinance No. 17396. Said $ 48,$17.00 is the remaining developer reimbursement construction amount, including 7-1/2% Engineering, as shown by the cost supporting documents attached herewith less the sewer line credit of ~10,578.00'. SHELL LAND MANAGEMENT CO., INC. Ben B. W~llace, President THE STATE OF TEXAS COUNTY OF NUECES ~ This instrument was acknowledged before me on ~~--, 2002, by Ben B. Wallace, as President of Shell Land Management Company, Inc.,~( TeXans Corporation, and the Corporation acknowledged this instrument as managing joint venture on behalfSf Shaws Development Joint Venture, A Joint Venture. N(Xary Public CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection/Trunk Line Trust Fund (b) appropriation and approval by the City Council C~i e~,t(~r of Engineering Services ty of Corpus Christi --' (Date) *NOTE: Sanitary sewer lot fee per City letter 4-1t-2002. I Exhibit C[ APPLICATION FOR SEWER LINE CREDIT We, Shell Land Management Co, Inc. , owner and developer of Barclay Grove Unit 7 Subdivision, hereby apply for $ 10~578.00 credit towards the sewer lot/acreage fee for the collection line extension installed in conjunction with Barclay Grove Unit 7 Subdivision as provided for by City Ordinance No. 17396. Said $127~228.40 is the construction cost, including 7-1/2% engineering, as shown by the cost supporting documents attached herewith. SHELL LAND MANAGEMENT CO., INC. Ben B. Wallace, President (Date) -- / THE STATE OF TEXAS COUNTY OFNUECES ~ This instrument was acknowledged before me on (~ ,_~J~, ~ . 2002, by Ben B. Wallace, as President of Shell Land Management Company, Inc., ,~JTexa~ Corporation, and the Corporation acknowledged this instrument as managing joint venture on b~half of Shaws Development Joint Venture, A Joint Venture. Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with this application has been reviewed and determine to be correct and a credit of $10,578.00 is herewith approved. ~r~ tor ~f Engineering (C~Engineer) (Date) IExhibit C-1 J ORDINANCE APPROPRIATING $48,517 IN THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 TO PAY SHELL DEVELOPMENT JOINT VENTURE'S REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 2125 LINEAR FEET OF AN OFF-SITE 12-1NCH PVC SANIATRY SEWER COLLECTION LINE TO DEVELOP BARCLAY GROVE UNIT 7 SUBDIVISION; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $48,517 is appropriated in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Shell Development joint venture's reimbursement request for the installation of 2125 linear feet of an off-site 12-inch sanitary sewer collection line to develop Barclay Grove Unit 7 Subdivision. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,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 0 Assistant City Attorney 13 AGENDA MEMORANDUM November 12, 2002 SUBJECT: Southside Water Transmission Main, Phases 2,2a,&3 Resolution for Acquisition of Easements AGENDA ITEM: Resolution establishing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, Phases 2,2a,&3, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. ISSUE: On June 25, 2002, City Council approved an amendment to an engineering services contract with Urban Engineering. This amended contract contained additional responsibilities including easement acquisition for the project either by negotiation or eminent domain proceedings. Negotiations for this project have commenced and the possibility of condemnation exists. Due to the critical acquisition schedule involved and in lieu of submitting individual resolutions as condemnations are needed, a single City Council approval is sought in this project for all potential condemnations; authorizing the City of Corpus Christi or its agents to proceed where negotiations have reached an impasse. RECOMMENDATION: Approval of the resolution as presented. i';~'~-Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background information Exhibit B. Prior Council Action Exhibit C. Route Map Exhibit D. Resolution \\Engineering\datal\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Resolution for CondemnationV~,genda memo.doc BACKGROUNDINFORMATION SUBJECT: Southside Water Transmission Main, Phases 2,2a,&3 Resolution for Acquisition of Easements PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: 1. authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2. authorize the payment of the upcoming Special Commissioners' Awards for the completion of these project phases. OVERVIEW: Background: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant to a new pumping plant, (Staples Street Pumping Plant), to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. This transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Due to the peak work load of the City's Land Acquisition department on Bond Issue 2000, CIP, ^irport Expansion and CDBG projects, it became necessary to outsource the negotiations and acquisition process for the remaining 54 utility easement pamels for both the Southside Water and Gas Transmission Mains. Urban Engineering has an amended contract which includes acquisition responsibilities. Eminent Domain procedure: The City's standard procedure is to obtain City Council approval to resort to eminent domain each time negotiations reach an impasse. Past projects required numerous council requests for condemnation. This manner of individual approvals required added staff time and produced similar agenda items for Council. This agenda item proposes that Council provide a blanket approval for eminent domain proceedings at the beginning of a project and in advance of any proposed condemnation efforts. Negotiators will still make every effort to resolve acquisition through good faith negotiations. Due to the critical nature of this waterline project and strict scheduling requirements, approval of this resolution is sought. H:\HOME\EUSEBIOG\GENZ~genda Items~SS Water Trans. Resolution for Condemnation~Background.doc Exhibit A Page lof 1 AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 2, 2a & 3. 10. 11. 12. 13. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of pumhasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Pamel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pro-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99~189). Exhibit B Page 1 of 2 14. 15. July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the $outhside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. Apd117, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the $outhside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) Exhibit B Page 2 of 2 Son Patricio County ,-o.,.-~s ~ ~ i '~i ' , ~ - ..... PHASE ~ EXISTING Ci~ Council E~ibit Southside Water Transmission Main ~ o~ Project Date: 11-06-02 ~ ~ C~sfi Parcels 2, 2a, & 3 Page: 1 of 1 CiW ofCo~us C~i, Te~ EXHIBIT C RESOLUTION RECOGNIZING PUBLIC NECESSITY OF ACQUIRING UTILITY AND CONSTRUCTION EASEMENTS FOR THE SOUTHSIDE WATER TRANSMISSION MAIN PROJECT, PHASES 2, 2A, & 3, FOR UTILITY AND OTHER MUNICIPAL PURPOSES IN CONNECTION WITH SAID PROJECT; AND AUTHORIZING ACQUISITION BY MEANS OF NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI OR ITS AGENTS IN ACQUIRING SAID EASEMENTS. WHEREAS, the City of Corpus Christi ("City") has implemented a pipeline project, known as the Southside Water Transmission Main, to enhance the distribution of water to various parts of the city. WHEREAS, the pipeline project has entered into phases 2, 2A, and 3 of the overall venture. WHEREAS, there is a public necessity for this project and for the acquisition of property rights, consisting of utility and construction easements, in the parcels of land that will be crossed by this project as shown and described in Exhibit "A". WHEREAS, the City is a municipal corporation and under Texas eminent domain laws has the right to acquire utility and construction easements in the parcels of land for the pipeline project and for other municipal purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, City Attorney, and agents of the City, are authorized to acquire, either by negotiated purchase or by condemnation proceedings under Texas law, the utility and construction easements in the parcels of land to be crossed by the Southside Water Transmission Main Project, as shown and described in Exhibit "A", and for other municipal purposes. SECTION 2. That public necessity requires the acquisition of property rights, consisting of utility and construction easements in said land, save and except the City seeks to acquire no oil, gas, and mineral rights. SECTION 3. That the City Manager, City Attorney and agents of the City are authorized and directed to take such action as in their judgment is necessary in connection with the filing and handling of any condemnation case for the acquisition of said easements. ~ SECTION 4. That this resolution shall take effect immediately from and after its passage. so-sdo , EXHIBIT D Son Patricio County w,O.,. ~,'~s ~ ~ ' ~ W "-,,. .~~ ~',%~.~.~ ~ ~-'r-~'~-~ '"~-...,~~ co~'us ' ~ '~,,, j ~ ~_ / / [] CHRISTI . ~ CORPUS CHRISTI 12000 6 0 12 .... ,.ASE 2 _~_j~--~ ~ ....... PHASE 2A r 7 ..... PHASE ~ ~X~ST~N~ / STN=t. ES ST / PUMPING PLN~T-J $oathsJde Water Transmission Main D~ar~mt of~.~i.~-~ S~i~ ~ ~C~of Project Date: ] 1-06-02 Parcels 2, 2a, & 3 Page: 1 of l City of Corpus Christi, Texas EXHIBIT A (To Resolution) SOUTHSIDE WATER TRANSMISSION MAIN, PH. 2,2A,3 Parcel owner(s) 1 PETERSON, CECELIA THERESA 2 !MuRFF, MARY I-EoNA 3 IBEVLY, W M 4. !DRYER, MAUDE EVELYN ET AL 5 iB v Y, w M 6 iBERRY CONTRACTING, INC. CIO DON SPANGLER 7 IK~i ~LI:ANOR ~ City Purchasing ~;; Airport I:xp. 8 I EMBRY, CECELIA W - City Purchasing for Airport 9 !CITY OF ~ORPUS cHRis'ri 10 iBERNSEN, TOMMY ET Ux DEL_ORES 11 ~IMP~ONi GLADY~ C MRS Address : City 1406 S, TRINITY iEDNA, TX 7795Y P O BOX 24 TYNAN, TX 78391 iRT X BOX 477 CORPUS CHRISTI, TX 78415 :3832 COUNTY RD 4.6 ROBSTOVV~TX 78380 :1414 CORN PRODUCTS RD CORPUS CHRISTI, TX 78409 11414~ORN PRODUCTS RD C01~PUS CHRISTI, TX 78409 '526 RAWLEIGH DR CORPU~ ~Hf~isTi'i TX 78~'~2~ 414 UNIVERSITY CORPUS CHRISTI, TX 78412 'P O BOX 9277 CORPUS CHRISTI, TX. 78469 'PT 3 BOX 3i0 ROBST~WN, TX 78380 11 ~IMPSON, GLADYS C MRS 12 EMBRY CECELIA WHELAN 13-14 WILLIAMS PATRICIA W 14 WILLIAMS PATRIClA W 15 I~BATH, KENNETH GORDON 16 MCDONOUGH DAN 17 HENDRICKS. MARIAN M 18 MCDONOUGH DAN 18A MORA ISRAEL 19 REGMUND LYDIAMARIE SIJANSKY ETALS 20 sTSCHAN~:N FARMS C/OEVELYN M.NEMEC 21 SCHANEN VERNON JOHN ET UX MARY L 22 SEGOVIA INEZ 307 CLIFFORD ST CORPUS CHRISTI, TX 78404 307 CLIFFORD ST CORPU~ CHRISTi, TX 78404 414 UNIVERSITY PL TcoRPus CHRISTI, TX 78412 P O BOX 6027 CORPUS CHRISTI, TX 78411 P O BOX 6027 CORPUS CHRISTI, TX 78411 242 OLYMPIC WAY #12 ~ELBOURNE, FL 32901 P O BOX 595 RT 3 BOX 455G P O BOX 595 6730 HUNT DRIVE '4645 WILMA "1017 STONEWALL BLVD. 134 SARATOGA BL D. AGUA DULCE, TX 78330 'CORPUS CHRISTi, TX 78415 'AGUA DULCE, TX 78330 CORPUS CH~iSTil T~ ~8415 iCORPUS CHRISTI, TX 78412 CORPUS CHRISTI, TX 78410 :CORPUS CHRISTI, TX 78417 23 REGMUND JOSEPHINE K J K REGMUND REVOC LVG TRUST 24 RODRIQUEZ RAMON M ET UX 25 SIJANSKY. JERRY 26A SIJANSKY. FRANK JR 26B REGMUND ANNIE POLACEK 27 28 29 30 31 31 32 33 34 34 35 35A HUTCHISON. KEITH M ET UX JOAN REGMUND ANNIE POLACEK VILLANUEVA MARIA G BALDREE. JOHN PUTT HILL INVESTMENTS INC PUTT HILL INVESTMENTS INC PORTERFIELD EUNICE E CIO JOAN A HUTCHINSON MERRIMAN GEORGE ET AL CIO T M MATTHEWS RICHARDSON DONALD L ETAL THOMAS. NANCY. ARLENE "RICHARDS0-N DONALD L ETAL THOMAS. NANCY. ARLENE CAMP. WALTER BARRY ET UX BETTY JO CAMP Corpus Christi Zoo - 15.01 acres cARLISE, CLYDE EDWARD 202 SARATOGA CORPUS CHRISTI, TX 78417 226 SARATOGA BLVD. -CORPUS ~RIsTI, T)~ -78417 414 PLEIADES PLACE CORPUSC~I~iSTh TX ~8418 262 SARATOGA BLVD. CORPUS CHRISTI, TX 78417 302 SARATOGA CORPUS CHRISTI, TX 78417 314 SARATOGA BLVD. ICORPUS CHRIST'I, 'i;)~' 78417 1109 HIBISCUS CO. US CHRISTi, TX 78405 P O BOX i~072 SI~SINTON, TX 78387 P O BOX 8130 P O BOX 8130 302 SARATOGA P O BOX 2428 1104 CEDAR ST 1104 CEDAR ST 530 BAYVIEW CORPUS CHRISTI, TX 78468 CORPUS CHRISTI, TX 78468 CORPUS CHRISTI, TX 78417 coR~U~ CHRISTI, TX 78403 WENATCHEE, WA 98801 WENATCHEE, WA 98801 PORTLAND, TX 78374 36A-B !DobSoN GILES L. TRUSTEE AND TESTAMENTARY TRUST IRR 2 BOX 33 ---3~ ' ' DOBSON, D B P O BOX 289 "38 ISENS, DENISE ENGE-L~ ~'r~lR DAVID A ~T 3 BOX 312D 39 ~ENOELS, FRANK~JR 548~ ~'ALL CREEK ROAD 40 ~LS, EUGI:NE KENNETH 'P 0 Box 261 '4.~ {BLAKEsLEI:i FAMILY LOVING TRU~ 7121ALTHEA CT~ ROBSTOWN, TX 78380- BOERNE, TX 78006 ~ CORPUS CHRISTI, TX 78415 MARBLE FALLS, TX 78654 MOUNTAIN ROME, TX 78058 CORPUS CHRISTI, TX 78414 EXHIBIT A 42 ISUMMERUN, GILES SMITH Ill CIO BROADWAY NATL BK TRUSiP O BOX 17001 SAN ANTONIO, TX 78217 42 IHOpKiNS, m0N'riE LiFE TENANT LAURA HOPKINS U'l-r REMAi3~90 RIVER oAKs DRIVE NEW BRAUNFELs, TX 78132 4~ .PIERCE, ETHEL~'i~I puMpHREy ?O BOX 592 'TAYLOR, TX 76574 . 42 I PIERCE, ETHEL M PUMPHREY :P O BOX 592 ;TAYLOR, TX 76574 42 iJEZ, ELLA ?OX 369 ROUND ROCK, TX 78680 43 ~I~AsI~A~ELER, HENRY S ET UX LAURA FRANCES iRT 3 BOX 45 'CORPUS CHRISTI, TX 78415 43 FAs~LER, HENRY S ET UX LAURA FRANCES RT 3 BOX 45 CoRpus CHRISTI, TX 78415 44 ipOol_E, WM w/PATRIcIA D POOLE 'rRU~TEEs OF P~oLE TR ~62~ ~RADLEY RD SOMIS, CA 93066 45 ~Wm. Poole, et al ~ 46 IWHALEY, FRANKB i 47 ~a D D CORP CIO RICHARD OCKER 48 ~OCKER, DONALD A-RICHARD 49 ~KUCERA, J.F:. '-- ~0 ]PETER~0N PROPERTIfS, LTD. 55 ~ClTY Of CORpUS~HRISTI F LANDI:ILL AREA 57iTQTAL ?33 BURKSHIRE DR iCGRpUS CHRISTI, TX 78412 ii 3381 REEN 'AR ! RPUS CHR,ST,, TXl 7841 _3~0__7 TROY ~CORPUS CHRISTI, TX 78412 i3509 ~CK OA~ D~ ~RPUS ~RI~Tt~ ~8418 ~3636 S. A~MEDA, ~122 ~CORPUS CHRISTi,TX 78411 t i20~ LEUPAR~ 'CORPUS CHRISTI, TX 78469 NOTE: 57 parcels total. ~City~"~" will be purchasing two parcels (#7&8)in full for the ~rpor~ expansion project No easements will needed. Tthe route will also cross the J~;. Elliot Landfill (#55). ~Net acquisition ~54 parcels is needed. EXHIBIT A 14 AGENDA MEMORANDUM November 12, 2002 SUBJECT: McArdle Road Street Imps, Phase 3, Everhart Road to Holmes Drive (#6146) - Bond Issue 2000, Project No. C-6 - Parcel 2 AGENDA ITEM: Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Gus Montis, in the amount of $121,500 plus $1,500 in closing costs and an additional amount not to exceed $10,000 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement business property, all for the purchase of fee simple property dghts for Parcel 2, being all of Lot 12, Block 1, Mount Vernon Subdivision, with street address of 4902 Everhart Road, necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. ISSUE: The McArdle Road Street Improvement project was approved by the voters in the November 7, 2000 referendum. Acquisition of sixteen (16) residential properties are needed for the reconstruction and widening of a section of McArdle Road, along the south right of way line, between Everhart Road and Holmes Drive. Staff has negotiated for the acquisition of Parcel 2 and has obtained a signed Real Estate Sales Contract from the owner. Relocation assistance benefits for displaced homeowners and tenants are also required by City Council Resolution No. 11809 and will be paid separately as these expenses accrue. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 require City Council approval. FUNDS: Funding available in the FY 01-02 Capital Improvement Budget RECOMMENDATION: Approval of the motion as presented. Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Council Exhibit (Parcel Location) Contract Summary H:\HOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd St, Montis~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: McArdle Road Street Improvements, Phase 3, Everhart to Holmes Drive Parcel 2 Bond Issue 2000, Project No. C-6 PRIOR COUNCIL ACTION: November 14, 2000 - Ordinance canvassing retums 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 The Development Corporation Act as approved by the voters in Propositions 4 and 5. (Ordinance No. 024269) Mamh 27, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $229,195 with Govind and Associates, Inc. for the Street Improvements at McArdle Road, Phase 3 from Everhart Road to Holmes Drive. (Motion No. M2001-124) February 26, 2002 - Motion authorizing the City Manager or his designee to execute a contract amendment granting permission for Govind E.C. to assume all the obligations and duties of engineering contracts between the City of Corpus Christi and Govind & Associates, Inc. (Motion No. M2002-059) Auqust 20, 2002 ~ Motion authorizing the City Manager or his designee to execute Real Estate Sales Contracts with Jesse David Bebout,Jr. for Parcel 3, Irma Noemi Garcia for Parcel 4, Mary Pefia for Pamel 5, Benjamin De La Rosa and wife, Eunice De La Rosa for Parcel 6, Anita Carrol Frees-Foster for Parcel 7, Becky Fair for Parcel 13, Richard T. Lopinto and wife, Gwen F. Lopinto for Parcel 14, Juan Ledesma and wife, Dahlia Ledesma for Parcel 15, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. M2002-268) August 27, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Virginia Gonzalez in the amount of $ 58,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 10, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-271) Exhibit A 1 of 3 September 17, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Cheryl L. Flores in the amount of $ 56,000 plus $1,500 in closing costs and an additional amount not to exceed $5,250 for relocation assistance for Parcel 16 and with Hesiquio Rodriguez and wife Eva Maria Rodriguez in the amount of $82,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-212 & 2002- 213) September 24, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Adan Martinez and wife Maria Martinez in the amount of $ 62,000 plus $1,500 in dosing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 9 and 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 tenant relocation assistance, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2O02-324) FUTURE COUNCIL ACTION: Council will be required to: authorize the award of future construction contracts and amendments; and authorize the approval of any other parcels in the project where acquisition cost exceeds $25,000 OVERVIEW: Background: On 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. This Bond Issue 2000 package included $30.8 million in projects of various kinds. The McArdle Street Improvement Project, Bond Issue Project No. C- 6, was included in this package. This project involves reconstruction and widening 2800 linear feet of McArdle Road from Everhart Road to Holmes Drive as shown on Exhibit B. This street improvement project also involves the removal of all existing curbs and gutters, driveways, sidewalks and the construction of a new street, 67 feet wide, to accommodate two moving lanes in each direction and a center left turn lane. Sidewalks and intersection ramps will comply with ADA requirements. The installation of an additional storm sewer line, water line, street lighting and other appurtenances are also included. Land Acquisition: In order to facilitate the proposed improvements and accommodate the wider roadway, the complete acquisition of approximately 16 residential properties is required along the south right of way line of McArdle Road. Exhibit A 2 of 3 Prior to negotiations, the parcels were appraised separately by John A. Erickson, SPA and Marion F. Curington, ASA, both independent contract appraisem. Parcel 2.: This properly is located at the south corner of Everhart and McArdle Road. The property is currently under AB zoning, Professional Office District. The appraised value of $116,500 was offered to Mr. Gus Montis for fee simple rights to his property. Mr. Montis produced additional sales information indicating higher sales prices for commercial properties in the immediate area. In lieu of condemnation, Mr. Montis was offered an administrative settlement totaling $121,500 for the subject property. Mr. Montis accepted the City's offer and has executed a Real Estate Sales Contract for the acquisition. As per the relocation guidelines, he will be eligible for a maximum of $10,000 in relocation assistance for moving expenses and incidental costs associated with moving his business. At the request of Mr. Montis, the contract will be escrowed and closed at Stewart Title Company. This is the fourteenth of sixteen full acquisitions. Two parcels remain in negotiation. Relocation Benefits: On November 28, 1983, the City Council approved Resolution No. 11809 which adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. This resolution established the policy for relocation of homeowners, tenants and businesses, which are displaced as a result of a City project. Persons occupying the subject property a minimum of 90 days prior to the initial offer qualify for assistance. In addition, the displaced person must be give a minimum of 90 days to move out after replacement housing is found. A one year time limit is given to obtain replacement housing. Monetary limits for relocation assistance are set by federal guidelines. A maximum of $22,500 is available for homeowners, $10,000 for businesses and $5,250 for tenants which would cover moving expenses and purchase assistance for replacement housing. For moving expenses, the displaced person would choose between a self-move or one provided by an independent moving company. Payment for a self-move would be based on a payment schedule dependent on the number of rooms in the home or rooms of furniture to be moved. Purchase assistance would involve purchase price differential, mortgage interest differential, and incidental expenses involved in a replacement home. The purchase pdce differential is the difference between the sales price of the home and the cost of a comparable replacement home. The mortgage interest differential is the amount needed to cover increased mortgage costs due to a higher interest rate and other debt service costs. The incidental expenses reimbursement would cover those extra costs involved in purchasing replacement housing such as closing costs, inspection fees, appraisal fees, and loan costs. \\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd St. Montis\Background.doc Exhibit A 3 of 3 [--~-- EVERIIAIIT RD. TO HOLMES OIL CONTRACT SUMMARY Project #6146: McArdle Road Street Improvements, Phase 3 (Everhart to Holmes) Parcel 2 This Contract is entered into by Gus Montis, a single person, of 4902 Everhart, Corpus Christi, Nueces County, Texas 78411, "SELLER", Collectively, and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, "BUYER" Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: Mount Vernon Subdivision, Block 1, Lot 5 (4902 Everhart) 2. Purchase Price - $121,500 3. Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. All taxes to be paid by Seller, up to and including 2001. Taxes for 2002 will be prorated between Buyer and Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 60 days of the contract date. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11. Seller agrees to vacate the premises within 60 days from the date of closing. 12. Time is of the essence in closing this transaction. H:\HOME~EUSEBIOG\GEN~Agenda Items\McArdle Rd St. Montis\Contract Summary.doc Exhibit C 15 CITY COUNCIL AGENDA MEMORANDUM Date: October 31, 2002 AGENDA ITEM: Motion authorizing the City Manager or his designee to accept grant funding in the amount of $73,420 from the Texas Department of Transportation for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI enforcement and to execute all related documents. Ordinance appropriating $73,420 from the Texas Department of Transportation for funding for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in No. 1050 Federal/State Grants Fund; and declaring an emergency. ISSUE: The State of Texas, Department of Transportation is providing funding for Driving While Intoxicated overtime enforcement in the Police Department to reduce the frequency of alcohol related crashes. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding for the first year of the grant with the City assuming 25% of the costs in Years 2 and 3. The City is asked to provide $30,242 for mileage and fringe benefits (State will not cover retirement costs on overtime). REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. RECOMMENDATION: Staffrecommends accepting the grant and appropriating the funds. Chief of Police ADDmONAL SUPPORT MATERI~L Contract BACKGROUND INFORMATION This will be the first year of the grant (10/01/02 - 09/30/03). The grant places overtime officers across the City Wednesday through Saturday with hours of operation 11 pm to 3 am. The performance goals are: A. Reduce the number of alcohol-related crashes by 10% B. Reduce the number of 15 - 20 year old drivers involved in alcohol-related crashes by C. Increase DWI arrests by 60% In 2001, the City of Corpus Christi had 8,302 crashes with 266 being alcohol related. Of the total 22 fatalities, 13 were alcohol related or 56% as compared to the State percentage of 49% and the national percentage of 56% for 1999. A large majority of these crashes took place on the three major state highways where speed and alcohol make for a deadly combination. Additionally the growing numbers of bars in the downtown area have drawn more individuals to this area to take advantage of the "Happy Hour". An additional problem facing the City is the number of drivers between the ages of 15 - 20 who are involved in alcohol related crashes. In 2001, this age group was the third highest percentage with 21 - 25 being the highest and 26 - 30 second. The group has risen in the rankings firom 4t~ in 2000 to 3~ in 2001. C~ity of .__ ~ ~grpus. _--- ~-- cnnsu Novemb~- 11, 2002 Sherry McLeroy Texas Department of Transportation P. O. Box 9907 Corpus Christi, Texas 78469 Dear Ms. McLeroy: In accordance with the Driving While Intoxicated STEP contract, the following individuals have signature authority for the listed grant related documents: Requests for Reimbursement - Director of Finance, City of Corpus Christi All other grant related documents - Chief of Police, City of Corpus Christi Please contact my office if you should have any further questions. Sincerely, DG/ppe David R. Garcia City Manager Office of the City Manager P.O. Box 9277 · Corpus Christi, Texas 78469-9277 · (512) 880-3000 [] Federal Pass Through Misc. Contract Number: 03-02-02-B1-AE Grant Funds CFDA #20.600_ Charge Number: 583XXF6026 [] State Caant Funds PIN: 17460005741000 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and City of Coq~us Christi, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is desi~£rnated as a(n) local governmem. AUTHORITY: Texas Tram~rtation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2003. WlTNESSETH Project Title: Driving While Intoxicated STEP Brie~' Project Description: Increase alcohol and other drug traffic safety enforeementg coordinate and/or conduct publicinformation and education AGREEMENT Grant Period: The Grant becomes effective on 10/01/02~ or un the date of final signature, whichever is later, and ends on 09/30/03. Maximum Amount Efigible for Reimbursement: $73,420 . Cost incurred after the end of a fiscal year cannot be reimbursed without prior written approval from the Department. (See also Article 3, Limitation of Liability, in the Standard Provisions) Project Year: 1 Estimated Budget: 'I~xDOT State/Local/Other Program Income Labor $ 73,420 14,002 0 Other Direct Cost 0 16~240 0 Indirect/F&A Cost 0 0 TOTAL $ 73,420 30,242 0 Project Year:. __ Estimated Budget: TxDOT State/Local/Other Program Income Labor $ Other Direct Cost Inflirect/F&A Cost TOTAL $ 0 0 0 Project Year: __ Estimated Budget: TxDOT State/Local/Other Program Income Labor $ Other Direct Cost Indirect/F&A Cost TOTAL $ 0 0 0 In addition to the Standard Provisions of the Agreement that foilow, the following atiaclunents are incorporated as indicated as a part of the Grant Agreement: [] Attachment A, Project Description [] Attachment B, Project Budget [] Attachment C, Standard Assurances [] Attachment D, Debarment Certification [] Attachment E, Lobbying Certification (required ff amount payable is $100,000 or more) [] Attachment F, Child Support Statement Cltarge Nmnber: 583)CXF6026 IN WITNESS WHEREOF, THE PARTIES HAVE EXECLrFED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGRI~FMENT. THE SUBGRANTEE [Legal Name of Agency] THE STATE OF TEXAS Executed by and approved lbr the Texas Transportation Commission for the purpose and effect of activating and/or cartyi. 'ng out orders, eslablished policies or work program~ approved and authorized by the Texas Transportation Commission. By [Authorized Signature] [Name and Title] Date ATTEST: [Signature] District Engineer Texas Department of Transportation Date Director, Traffic Opelalions Division IName and Title] Under authority, of Ordinance or Resolution Number (for local governments): Date Mailing Addresses For thc puq)osc of tlfis agrccmcn~ rite following addresses shall be used to mail .all required notices, reports, claims, and correslmndence. (NOTE: For warrants (checks), the address indicated by the mail code, last three digits of the P1N on page 1, shall be used. If that address is not appropriate for warrants, please change the mail code accordingly and notify TxDOT of any clmngcs.): For Subgrantee: Name: P. Alvarez, Jr. Title: Chief of Police Organization: City of Corpus Christi, Police Department Address: P. O. Box 9016 Corpus Christi, Texas 78469 Phone: 361~86-2604 Fax: 361-886-2607 For Texas Depaxtment o~ Transportation: ORDINANCE APPROPRIATING $ 73,420 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR A DRIVING WHILE INTOXICATED SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) IN THE NO. 1050 FEDERAL/STATE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $73,420 is appropriated from the Texas Department of Transportation for funding for a driving while intoxicated Selective Traffic Enforcement Project (STEP) in the No. 1050 Federal/State Grants fund. 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 Samuel L. Neal Mayor LEGAL FORM APPROVED "¥1a~, ~ JAMES R. BRAY, JR. CITY ATTORNEY Lisa Aguilar, Assi~ant City Attorney 2002; Corpus Christi, Texas Day of ,20 TO THE MEMBERS OF THE CiTY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Gan'eft Bill Kelly Rex A. Kinnison John Longoda Jesse Noyola Mark Scott 16 CITY COUNCIL AGENDA MEMORANDUM Date: November 12, 2002 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept a renewal grant in the amount of $18,115 and execute a contract with the Corporation for National and Community Service for the continuation of the Retired and Senior Volunteer Program; and declaring an emergency. Item B: Ordinance appropriating a $18,115 grant from the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program; and declaring an emergency. ISSUE: The Retired and Senior Volunteer Program promotes volunteerism in senior populations aged 55 and over throughout Nueces county. The $18,115 represents the state portion of the overall budget of $145,393, which includes $54,303 Federal grant funds and $72,975 in City funds. PRIOR COUNCIL ACTION: On an annual basis, the Council approves a motion to grant authorization to accept the grant and execute a contract with the Corporation for National and Community Service for the Retired and Senior Volunteer Program. REQUIRED COUNCIL ACTION: Council action is required to accept the renewal grant and execute a contract with the Corporation for National and Community Service for the Retired and Senior Volunteer Program. Matching funds have been included in the FY 2002-2003 budget. RECOMMENDATION: Staff recommends Council approve authorization to accept and appropriate grant funds for the Retired and Senior Volunteer Program. Daniel Whitworth Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information Xl Contract Summary ~ Ordinance/Resolution ~ Map(s) iq H:\PR-DIR\SHARED~RSVP~A~ENDA ITEMS\F'~O203\STATEAGNMMO.03.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Retired and Senior Volunteer Program (RSVP) enables persons 55 years or older to effectively use their time, energy and skills in volunteer service to the community. The City of Corpus Chdsti RSVP began in 1977 and currently serves over 900 volunteers in Nueces County. RSVP Volunteers may serve in 97 non-profit private and public organizations. Last year RSVP volunteers gave 138,887 hours of service to the communities of Nueces County. Calculated at minimum wage, this is a contribution of more than $715,268 to area service organizations. RSVP Volunteers are currently serving in the following organizations within the City: the Central Library, the Corpus Christi Museum, the Corpus Chdsti Police Department and at all of the senior centers. RSVP Volunteers contributed 58,844 hours to Departments within the City of Corpus Chdsti for an equivalent of $303,046 calculated at minimum wage. H:\PR-DI R\S HARE D'~RSVP'~A(~EN DA ITEMS\FY0203\STATEAGNMMO.03.DOC · Notice of Grant Award Corporation for National and Community Service 1999 Bryan St., Suite 2050 Dallas, TX 75201 Retired and Senior Volunteer Program Grantee CITYOF CORPUS CI-IRISTI EIN: 746000574 1201 Leopard PO Box9277 Corpus Christi TX 78469-9277 Award Information Agreemeni No.: 02SRWTX054 Projecl Period: 09/01/2002 -08/31/2003 Amendmenl No.: 0 Budget Period: 09/01/2002 - 08/31/2003 CFDA No.: 94.002 Accounting Classification: 2002-DVSA-Q53-NSSC 61413 4101 Purpose The purpose of this award is to assist the grantee in carrying out a national service progmmas authorized by the National and Coo~i~unity Service Act of 1990, as attended (42 U.S.C. § 12501 et seq.). Fundin9 Information Previously This .~vardl Total Current Current Year ~arded Amendment Year This Year Total Obligat ed by C~ICS $0 $18,115 $18,115 Gramec~ Unobllgated Balance (Canyover) $0 $0 $0 Tom1 Available $0 $18,115 $18,115 Cunmlative Funding for Project Period Total Awarded in Previous Years Total CNCS Funds Awarded to Date $18,115 Special Conditions/Other Costs allowed under this grant are limited to those categories contained in signed application package dated 07/31/02. Grantees shallprepare a Project Progress Report (CNCS-1020 for Senior Corps or CNS 1433 for AmeriCorps *VISTA) sen~-annually at the end of the 2nd, and 4th quarters of the budget period. The report shall be subtr&ted to the Corporation Program Manager no later than 30 days atter the end of the designated reporting period. This grant operates under the authority of the Corporation for National Service. Funding for this grant is from a source other than the Corporation for National Service. The grantee shall be entitled to reimbursement for costs incurred on or afl;er Septetrl~er 1, 2002 which if incurred before the signature date of this award, would have been reimbursed under the tetrm of this grant. Terms of Acceptance: By accepting funds under this gram, the Grantee agrees to comply with all terms and conditions of the granl thai are on lhe Corporallon's website at hllp://egrants.cns.gov/lermsandcondiflons/RSVPTandC.pdf, all assurances and certiticalions made in the Granl application, and all applicable federal slalules, regulations and guidelines. The Granlee agrees to administer the funded Program in accordance with the approved Granl applicalion and budget(s), supporting Notice of Grant Award Retired and Senior Volunteer Program 1999 Bryan St., Suite 2050 Dallas, TX 75201 Grantee CITYOF CORPUS CHRISTI I~N: 746000574 1201 Leopanl PO Box9277 Corpus C~aristi TX 78469-9277 documents, and other representations made in support of the approved Grant application. Corporation for National and Corcrtttnity Service: 10/03/2002 ~ Floyd Nam~ (typed) Title Kaleena McLean, 214-880-7066 (~ants Official Jerry Thompson, 512-916-5671 Program Oftlcial Run by WKIRKPAT on October 3, 2002 2:29 PM Application ID: 03SR026002 Section I. Volunteer Support Expenses A. Project Personnel Expenses CITY OF CORPUS CHRISTI RSVP CITY OF CORPUS CHRISTI Budget Dates: Totel Amt CNCS Sham Grantee Sham 10,986 10,986 0 RFq'_BGT_424 Excess Amt 0 S. Personnel Fringe Benefits FICA Health insurance Retirement Life Insurance Total C. Pro~ct Staff Travel Local Travel Long DlstanceTravel Total D. Equipment 1,267 1,267 0 0 E Supplies F. Contractual and Consultant Services L Other Volunteer Support Costs 888 888 0 0 J. Indirect Costs Secaon I Total $13,141 $13,141 $0 $0 Sect~n II. Volunteer Expenses A. Other Volunteer Costs Meals 0 0 0 0 Total $4,974 $4,974 $0 $0 Section Ii Total $4,974 $4,974 $0 $0 Budget Totals $18,115 $18,115 $0 $0 Funding Percentages 100% NSSC Form 424A Modified SF-424A (4/88 and 12/97) Page 1 ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $18,115 AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That grant in the amount of$18,115 awarded by the Corporation for National and Community Service is appropriated in the No. 1050 Federal/State grants fund for the Retired and Senior Volunteer Program. SECTION 2. That upon written request of the Mayor or five Council members, copy at~ached, 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 L~ Assistant City Attorney '17' CITY COUNCIL AGENDA MEMORANDUM Date: November 12, 2002 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept a renewal grant in the amount of $4,375 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. Item B: Appropriating $4,375 from a Grant Awarded by the Corporation for National and Community Service in the No. 1050 Federal/state Grants Fund for the Senior Companion Program and Declaring an Emergency. ISSUE: The Senior Companion Program federal grant must be renewed annually to continue funding by the Corporation for National and Community Service, for assistance to homebound and/or elderly persons in the community. The $4,375 represents the state portion of are overall budget of $374,536. PRIOR COUNCIL ACTION: For the past fourteen years, Council has granted authorization to execute a contract with the Corporation for National and Community Service for the Senior Companion Program. REQUIRED COUNCIL ACTION: Council action is required to authorize the execution of a contract with the Corporation for National and Community Service for the Senior Companion Program. Matching funds have been included in the FY 2002-2003 budget. RECOMMENDATION: Staff recommends Council approve authorization to execute a contract with the Corporation for National and Community Service for the 2002-2003 Senior Companion Program and to appropriate $4,375 in federal funds in the Federal Grant Fund No. 1050. Daniel Whitworth, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information XI Contract Summary X] Ordinance/Resolution ~ Map(s) FI H:IPR-DIR~SHARED~SCP~GRANTS\COUNCiL ACTIONSISTATEAGNMMO 03 DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Senior Companion Program (SCP) assists Iow-income volunteers 60 years and over who are willing to serve as companions to homebound and elderly persons in the community. The Companions assist homebound individuals with daily living tasks, such as meal preparation, respite care, grocery shopping and light housekeeping. Their assistance allows homebound clients to remain in their homes, delaying institutionalization. Companions receive a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. This benefit assists the Companion financially and allows them to become more involved in the community. H ~P R~DIR~SHAR ED~SCP~GRANTS'~CO U N CIL ACTIONS~STATEAGNMMO 03 DOC Notice of Grant Award Senior Companion Program Corporation for National and Commtmity S er)ice 1999 Blyan St., Suite 2050 Dallas, TX 75201 Grantee CITY OF CORPUS CHRISTI EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469-9277 .~atard Information Agreemenl No.: 02SCWTX001 Projecl Period: 09/01/2002 -08/31/2003 Amendment No.: 0 Budget Perind: 09101/2002 -08/31/2003 CFDA No.: 94.016 Accounting Classification: 2002-DVSA-Q52-NSSC 61413 4101 Purpose The purpose of this award is to assist the grantee in canying out a national service progmmas authorized by the National and Commanity Sexvice Act of 1990, as amended (42 U.S.C. § 12501 et seq.). Funding Information Previously Thl~ Award/ To~d Current Current Year Awarded Amendment Year This Year ~aa~c~ (Canyov~) Cumulative Funding for Project Period Total Awa~led in Previous Years Total (lqCS Funds Awarded to Date $4,375 Special Conditions/Other Costs allowed under this grant are limited to those categories contained in signed application package dated July 31, 2002. Grantees shall prepare a Project Progress Report (CNS 1035) for part C grants; CNS 1433 for AmefiCotps *VISTA grants) at the end of each fiscal quarter (Dec 31, Mar3 I, Jun30, and Sep 30) of the budget period. The report shall be submtted to the Corpomtian ProgmmManager no later than 30 days after the end of each fiscal quarter. Stipends cannot be reduced without prior written approval of the Corporation. The grantee shallbe entitled to reint>umement for costs incurred on or after September 1, 2002 which if incurred before the signatme date of this award, would have been reintmrsed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees Io comply with all terms and conditions of the grant thai are on the Corporation's website at hllp://egrants.ces.gov/termsandcondiflons/FGPSCPTandC.pdf, all assurances and cer(fficaflons made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Gram application and budget(s), suppordng documents, and other representations made in suppo~ of the approved Grant application. Corporation for National and Conax~unity Service: 10/02/2002 Signature Date / 1999 Bryan St., Suite 2050 Dallas, TX 75201 Notice of Grant Award Senior Companion Program Grantee CITYOF CORPUS CHRISTI El"N: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469-9277 Corporation for National and Cormmnity Service: Nart~ (typed) Senior Grants Offger Title l(alectm McLean, 2144180-7066 Grants Official JetTy Thompson, 512~916-5671 Program Official ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $4,375 AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE SENIOR COMPANION PROGRAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That grant in the amount of $4,375 awarded by the Corporation for National and Community Service is appropriated in the No. 1050 Federal/State grants fund for the Senior Companion Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ., 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 18 AGENDA MEMORANDUM November 12, 2002 SUBJECT: Transfer of Mercury Air Group, Inc. lease to Mercury Air Center-Corpus Christi, Inc. AGENDA ITEM: Authorizing assignment ofb~nger and fixed base operator's lease with the City of Corpus Christi from Mercmy Air Group, Inc. to Mercury Air Center-Corpus Christi, Inc. with Mercury to remain liable for performance of the lease t~rms and d~claring an emergency. ISSUES: Due to new financial structure Mercury is forming subsidiaries of its operating company, Mercury Air Center-Corpus Christi, Inc. to hold and operate Mercury's FBO. FUNDING: None RECOMMENDATION: Staff recommends approval of transfer of the lease and execution of the consent and waiver agreement. Dave Hamrick Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information BACKGROUND INFORMATION November 12, 2002 BACKGROUND: The Corpus Christi International Airport has a lease with Mercury Air Group, Inc. for the operation of a fixed based operator until 2009. Mercury Air has requested to be allowed to assign the remainder of the lease to a newly created subsidiary, Mercury Air Center-Corpus Christi, Inc. as allowed by Section E, paragraph 7 of the current lease. The reason for this request is as part of an ongoing round of financing, Mercury is undertaking a corporate reorganization consistent with other companies in the industry. At the specific requirement of its lenders, Mercury has formed operating companies to hold its leases and manage its operations. In Corpus Christi, Mercury Air Center - Corpus Christi has been formed for this purpose. Mercury Air Center - Corpus Christi is a wholly owned subsidiary of Mercury Air Centers, Inc, a wholly owned subsidiary of Mercury which will manage the operations pursuant to an operating agreement. Mercury Air Center - Corpus Christi is what is known as a bankruptcy remote special purpose entity. Required by Mercury's lenders. Mercury shall remain fully liable to the Landlord for the payments under the lease and the operations at the Airport. This will not result in changes to the terms and conditions of the original lease. Funding: No expenditure of funds is required. EXHIBIT May 20, 2002 MERCURY AIR GROUP, INC. Mr. Dave Hamrick Airport Director of Aviation 1000 International Drive Corpus Christi, TX. 78406 Dear Dave, CITy OF' CO ,-,,, . RE: New Corporate Structure aud CONSENT AND WAIVER AGREEMENT As you may remember, last summer, Mercury was in the process of doing a new banking agreement with Bank of America. As part of that process, Bank of America asked that Memury obtain certain Waivers and Consents and Mercury requested such consents from you. As a result of9-11, Bank of America withdrew from the program. In the interim, Memury has obtained another banking partner, Foothill Capital Corporation (a Wells Fargo company). As part of its new financial structure Mercury is forming subsidiaries of its operating company, Mercury Air Center-Corpus Christi, Inc. to hold and operate Mercury's FBO. This structure is consistent with the strncture used by other major players in the industry such as Signature. Mercury will be pledgihg the stock in this subsidiary to its lenders as pan of its tiuancing package. Accordiugly, Mercury is requesting your cnnsent to tile following: I. Transfi2r of the lease to Mercury Air Ceuter-Corpus Christi, Inc. (Transfer"). 2. Execution of the Conseut and Waiver Agreement - i'b 'm ofwh ch s attached hereto. As a practical matter Mercury understands that tile Consent and Waiver Agreement may require some negohalion with the Authority and would ask that tile Transfer be approved immediately and that the Consent and Waiver lbllow. J t E/ecutive Vice Ih-~ident g CC: W. Lovett, Ex. V.P. & General Council Encl. 5456 McCoN~EI.I. Aw~r~u~ * Los Axra~l.Es.C^l.u*ou,xl,x 90066 * (310) 827-2737 * F^x(310) 827-5510 AN ORDINANCE AUTHORIZING ASSIGNMENT OF HANGAR AND FIXED BASE OPERATOR'S LEASE WITH THE CITY OF CORPUS CHRISTI FROM MERCURY AIR GROUP, INC. TO MERCURY AIR CENTER-CORPUS CHRISTI, INC. WITH MERCURY AIR GROUP, INC. TO REMAIN LIABLE FOR PERFORMANCE OF THE LEASE TERMS AND DECLARING AN EMERGENCY. WHEREAS, Mercury Air Group, Inc. is the Lessee pursuant to that certain hangar and Fixed Base Operator's Lease dated October 14, 1979, as amended from time to time (the "Lease"); and WHEREAS, Mercury Air Group, Inc. desires to assign all of its rights, title and interests in and under the Lease to Mercury Air Center-Corpus Christi, Inc. pursuant to that certain Assignment dated November 6, 2002; and WHEREAS, in accordance with the Lease and the City Charter, the written consent of the city is required for the assignment, in whole or in part, of the Lease by Mercury Air Group, Inc.; and WHEREAS, Mercury Air Group, Inc. according to the terms of the Assignment will remain liable for performance of the Lease terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Mercury Air Group, Inc., Lessee, is hereby authorized to assign the Hangar and Fixed Base Operator's Lease dated October 14, 1979, as amended, between The City of Corpus Christi, Texas ("Landlord") and Mercury Air Group, Inc. ("Lessee"), to Mercury Air Center~Corpus Christi, Inc., Assignee with Mercury Air Group, Inc. to remain liable for performance of the Lease terms. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary LEGAL FORM APPROVED ~a// '7 JAMES. I?~. BRAY, JR., CITY ATTORNEY ,/~o~. P. Burke, Jr. (_g~dsistant City Attorney ~ Samuel L. Neal, Jr. Mayor ,2002. STATE OF CALIFONIA ) COUNTY OF LOS ANGELES ) ASSIGNMENT OF TENANT'S INTEREST IN LEASE, AGREEMENT OF ASSUMPTION AND AMENDMENT OF LEASE KNOW ALL MEN BY THESE PRESENTS THAT Mercury Air Group, Inc. ("Assignor"), for good and valuable consideration, the receipt and sufficiency of which is bercby acknowledged, hereby assigns to Mercury Air Center - Corpus Christi, Inc. ("Assignee") all of Assignor's right, tire and interest in and to that certain Lease Agreement dated as of October 14, 1979 between the City of Corpus Christi, Texas ("Landlord") and Mercury Air Group, Inc. (thc "Lease"), providing for, among other things, the lease and license of a certain portion (the "Premises') of the Corpus Christi International Airport, more particularly described in the Lease. Assignee hereby accepts the assignment by Assignor of Assignor's interest in the Lease and hereby assumes and agrees to fully and faithfully observe, perform and fulfill all obligations and liabilities of Assignor under the terms of the Lease. This Assignment shall inure to the benefit of the Assignor and Assignee and their respective successors and assigns. This Agreement may be executed in multiple original counterparts, each which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Assignment is subject to the consent of the Landlord, and the parties shall cooperate with one another in seeking such consent. /~N W/ITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of fo_, 2002. ASSIGNOR: Title: ~x~ lv~'V'°~President~ ASSIGNEE: MERCURY, !R CEN/f~/~RP~HRI STI, INC By: ~,, ~ ? /~"~/~ Name: Wa~ffe~. ~j~ t,- Title: ViceS°fesi~ ~14t P:\Wayn&F oothill~Tr aris fer of Lease~Corpus Christi Assignment of Lease DOC STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, a Notary Public in and for said State and County, do hereby certify that Wayne J. Lovett, whose name as Executive Vice President of Mercury Air Group, Inc., a corporation, is signed to the foregoing instrument, and who is known to me, acknowledged before me this day that he, as such office and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and seal on this the (.o day of___..~Z~, 2002. t~ o~Pu~,,~-ca,~rn~ ~ Notaryl~ublic k]' 0 () ]] ~"~;~']_ _ _ _ _~ _ _ _ _ _ _ ~~ ~ ~n~ ~-n~nn ~ 1, ~n~L°' ^nae~ ~unt~ ~ My Commission E'xpi/es: kE0_a{ I , Z~E~ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, a Notary Public in and for said State and County, do hereby certify that Wayne J. Lovett, whose name as Vice Presidem of Mercury Air Center - Corpus Christi, Inc., is signed to the foregoing instmmem, and who is known to me, acknowledged before me this day that he, as such office and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and seal on this the CO day of b3_C'~ ,2002. ~~.~.say_z } My Codtmission Lh~pire~gf'. ~(~'~4 I, P:\Wayne\Foothill\Tr aris fer of Lease\Corpus Christi Assignment of Lease DOC EXHIBIT A Hangar and Fixed Base Operator's Lease dated as of October 14, 1979 between the ("Landlord") and Mercury Air Group, Inc. (the "Lease") P:\Wayne~F oot hill\Trans fer of Lea.se\Corpus Christi Assignment of Lease. DOC CONSENT TO ASSIGNMENT OF HANGAR AND FIXED BASE OPERATOR'S LEASE This Consent to Assignment of Lease ("Consent") is made as of the __ day of November, 2002, between and among the City of Corpus Christi, a Texas home rule municipal corporation ("City"), Mercury Air Group, Inc, a corporation organized and existing under the laws of the State of Delaware ("Mercury"), and Mercury Air Center-Corpus Chdsti, Inc. ("Mercury-Corpus Chdsti" or "Assignee"), a corporation organized and existing under the laws of the State of Texas. WITNESSETH: WHEREAS, Mercury is the Lessee pursuant to that certain Hangar and Fixed Base Operator's Lease dated as of October 14, 1979, (the "Lease"); and WHEREAS, Mercury desires to assign all of its dghts, title and interests in and under the Lease to Assignee pursuant to that certain Assignment of Lease dated November 6, 2002 (the "Assignment"); and WHEREAS, in accordance with the Lease, the written consent of City is required for the assignment, in whole or in part, of the Lease by Mercury; and WHEREAS, City consents to the assignment of the Lease pursuant to the Assignment upon the terms and conditions set forth herein; NOW, THEREFORE, in recognition of the foregoing recitals, and in consideration of the mutual promises and covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged, City, Mercury and Assignee agree as follows. In consideration of and subject to the terms, covenants, promises, conditions and obligations set forth herein, each of which terms, covenants, promises, conditions and obligations has been and is being relied upon by City in consenting to the assignment of the Lease from Mercury to Mercury-Corpus Christi, City hereby consents to the assignment of the Lease by Mercury to Mercury-Corpus Christi effective as of the date of this Consent. Mercury shall remain liable in all respects for the performance of each of the terms, covenants, provisions, conditions and obligations of the Lease until the end of the initial term and each renewal term of the Lease. City and Mercury-Corpus Chdsti may materially change, alter, amend or modify the Lease in any manner, including with respect to the amount of rentals to be paid to City thereunder, and Mercury-Corpus Christi may make further assignments of the Lease as assigned to Mercury-Corpus Christi pursuant to the Assignment, subject to the prior wdtten approval of City, without the approval of or notice to Mercury. 4. Mercury-Corpus Chdsti shall, and hereby does, assume and become obligated to each of the terms, covenants, provisions, conditions and obligations of the Lease assigned by P:\Wayne~Foothill\Transfer of Lease\Corpus Christi consent to asssignment. DOC 1 10. 11. Mercury and assumed by Mercury-Corpus Christi under the Assignment the same as if originally a party thereto. Mercury shall maintain the insurance required by the Lease for such period of time as is necessary to provide coverage until any applicable statute of limitations may bar any claims against Mercury arising from or out of the Lease or any of Mercury's operations in connection with the Lease. Mercury shall provide City not less than sixty (60) days pdor written notice of any merger of Mercury with or into or any other entity or of any dissolution (voluntary or involuntary) of Mercury. No delay or failure by any party to exercise any right under this Consent and no partial or single exercise of such a dght shall constitute a waiver of that or any other right unless expressly provided otherwise in this Consent. This Consent supersedes any and all agreements and understandings previously made between any of the parties hereto relating to the subject matter of this Consent. This Consent shall be binding upon and inure to the respective benefit or detriment of City, Mercury and Mercury-Corpus Chdsti, their respective successors, assigns, and legal representatives. This Consent shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the principles of conflict of law. Any legal action or proceeding with respect to this Consent shall be brought only in a federal or state court of competent jurisdiction in Texas. This Consent may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one (1) and the same Consent. P:\Wayne~:oothill\Transfer of Lease\Corpus Chdsti consent to asssignment. DOC 2 IN WITNESS WHEREOF, City of Corpus Christi, Memury Air Group, Inc. and have executed this Consent to Assignment of Fixed Base Operations Lease and Operating Agreement on the dates indicated below. City of Corpus Chdsti Date: AI-I'EST: City Manager City Secretary APPROVED AS TO FORM Office of the City Attorney ~tant City Attorne~/l//~,/~,,l. / a Dela~a}'e//Corporatio~/ / . ~ By/~/~-<//~/ Wayne J~ve; / Title: Ex~utive V~ President Mercury Air ~ntem - Cor~C~st, Inc ~ a Texa~ation /// ~ By ~~ ~/ Wa~Lo,~/' Title: Vi~resid~ P:\Wayne~Foothill\Transfer of Lease\Corpus Christi consent to asssignment. DOC 3 STATE OF TEXAS COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the said County and State, on this day of ,2002, within my jurisdiction, the within named , who acknowledged that he is the City Manager of the City of Corpus Christi, a Texas home rule municipal corporation, and that for and on behalf of said authority, and as its act and deed, he executed the above and foregoing instrument, after first having been duly authorized by said port authority so to do. Notary Public My Commission Expires: [SEAl._] STATE OF CALIFORNIA COUNTY OF LOS ANGELES PERSONALLY APP~EARED BEFORE ME, the undersigned authority in and for the said County and State, on this ~ day of ~-~O,C~ ~,~£ ,2002, within my jurisdiction the within named Wayne J. Lovett, who acknowledged that he is Vice President of Mercury Air Center-Corpus Christi., a Texas corporation, and that for and on behalf of said corporation, and as its act and deed, he executed the above and foregoing instrument, after first having been duly authorized by said Corporation so to do. ~ary Publ~ ~ ~) My Commission Expires: [S E A L] Commission # 1352745 Notary Public - Cnl:.~r~in · o, Co.. P:\Wayne~Foothill\Transfer of Lease\Corpus Chdsti consent to asssignment. DOC 4 STATE OF CALIFORNIA COUNTY OFLOSANGELES PERSONALLY AP~PEARED BEFORE ME, the undersigned authority in and for the said County and State, on this ~ day of ~--~o~P~'~ ~ . 2002, within my jurisdiction, the within named Wayne J. Lovett, who acknowledged that he Executive Vice President of Mercury Air Group, Inc., a Delaware corporation, and that for and on behalf of said corporation, and as its act and deed, he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. My Commission Expires: [SEAL] P:\Wayne~Foothill\Tmnsfer of Lease\Corpus Chdsti consent to asssignment. DOC 5 CONSENT AND WAIVER AGREEMENT ) THIS CONSENT AND WAIVER AGREEMENT (this "Agreement") is made as of the __ day of __., 2002, by ("Owner") for the benefit of , as agent for the Lenders (hereinafter defined) (together with its successors and assigns, nominees and designees, "Agent"). RECITALS Owner is the owner of the real property described on Exhibit A attached hereto (the "Land") and all improvements thereon (collectively, the "Property"), which Property is part of an airport known as (the "Airport"). Pursuant to an agreement more fully described in Exhibit B attached hereto (which Agreement. together with all modifications, amendments, supplements and renewals thereof is hereinafter referred to as the "Lease") by and between Owner and ("Operator"), Owner has leased the Property to Operator for the purpose &providing fixed base operation services for the Airport. Pursuant to a [Loan and Security Agreement] dated as of ,2002 (as the same may from time to time be amended, the "Loan Agreement"), by and among ("Mercury Borrower") and certain affiliates of Mercury Borrower referred to therein (Mercury Borrower and such affiliates being hereinafter collectively referred to as the "Borrowers"), Agent and certain lenders from time to time a party thereto (collectively, "Lenders"), have agreed to make a loan to Borrowers (the "Loan") secured, in part, by all of Borrowers'. personal property ("Personal Property"). ~ Concurrently with the execution and delivery of the Loan Agreement, and as a condition to Lenders making the Loan to Borrowers. (i) Operator (which is an affiliate of Mercury BorroweO shall transfer and assign all of its right, title and interest under the Lease to Mercury Borrower (the "Assignment of Lease"), (ii) Operator shall execute and deliver to Agent a security agreement (the "Security Agreement"), pursuant to the terms of which Operator shall grant to Agent a security interest in all of Operator's interest in Mercury Borrower as security for Borrower's obligations (collectively, the "Obligations") under the Documents (as hereinafter defined), and (iii) Mercury Borrower shall execute and deliver for the benefit of Agent a leasehold [mortgage}[deed of trust] (the "Leasehold Mortgage") encumbering Mercury Borrower's leasehold interest under the Lease as additional security for the Obligations. The Assignment of Lease, the Security Agreement and the Leasehold Mortgage are collectively referred to as the "Collateral Assignments." The Lease and Operator's interests in Mercury Borrower are collectively referred to as the "Collateral". The Operator, Mercury Borrower and such other party, that may be or hereaRer become the lessee under the Lease t?om time to time shall hereinafter be referred to as the "Lessee". As used herein, the term "Documents" means, collectively, the Loan Agreement, the Collateral Assignments, and all other documents executed and delivered by any of Mercury Borrower, Borrowers, Operator or any other pa~y or parties to evidence, secure, guarantee, or in connection with, the Obligations. As a condition precedent to Lenders entering into the Loan Agreement and making the Loan, Agent has required that Owner execute this Agreement for the benefit of Lenders. AGREEMENTS NOW THEREFORE. in consideration of the Loan Agreement, the Loan and other good and valuable consideration, the receipt of which is hereby acknowledged. Owner hereby agrees as follows: [. True Copy of Lease. Tile lease attached hereto as Exhibit B is a full and complete copy of the Lease, including all modifications, supplements and renewals thereofi 2. Consent to Collateral Assignment and Certain Transfers. Notwithstanding any provision to the coutrary in the Lease, Owner hereby consents to tile Collateral Assignments, the Loan, the Documents, and the transactions contemplated thereby, including, without limitation, tmasfers to Agent of the Collateral as collatei'al security for the Loan and any subsequent transfers of' the Collateral (or any portion thereof) to a pumhaser at a foreclosure sale (including without limitation, Agent or Agent's nominee) or an assignee (including without limitation, Agent or Agent's nominee) as a result of an assignment in lieu of foreclosure; provided, however, Owner's consent to the actual transfer (as opposed to the encumbrance of the leasehold estate) of the leasehold estate to the purchaser at a foreclosure sale or an assignee following an assignment in lieu of foreclose is conditioned upon such purchaser or assignee being a "qualified operator" as described in paragraph 7(b) hereof. Owner acknowledges and agrees that any transferee of the Lessee's interest under the Lease shall be liable to perform the obligations of the Lessee under the Lease only so long as such transferee holds title to the leasehold estate under the Lease provided that upon any conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations under the Lease first arising after the date of such conveyance. In addition, all non- curable defaults existing under the Lease prior to any tra,,sfer shall be deemed waived without further notice or action of any party. 3. Lease Term; Rent; Renewal Options. Owner hereby represents and warrants to Agent that (a) the current term of the Lease expires on , and (b) as of the date hereof, the annual rent payable pursuant to the Lease is $ The Lease contains option(s) to renew as set forth below: . Owner agrees that in the event the Lessee fails io exercise any option to renew the term of the Lease within the time set forth in the Lease, Owner shall notify Agent in writing and provide Agent with the right to exercise such option to renew the Lease within thirty (30) days of receipt of such written notice. If Agent or its assigns exercises such option, the person selected by Agent or its assigns to perform the duties of the Lessee must be a "qualified operator" as described in paragraph 7(b) hereof. No Default. To Owner's knowledge, there is no default or event with which the passage of time and/or the giving of notice would constitute a default under the Lease. Subject to the terms of this Agreement, so Ion~ as the Lessee under the Lease shall make all payments required to be made under the Lease and shall observe and~perform all of the terms of the Lease required to be observed and performed by the Lessee thereunder, Owner agrees that the Lessee under the Lease may peacefully and quietly have, hold and enjoy the Property for the term of the Lease (including any renewals thereof) under the terms and conditions of the Lease and may, except as provided in the Lease, enjoy such without hindrance or interruption by Owner or any other person or persons claiming by, through or under Owner (including, without limitation, any assignee of Owner or successor in title to the Property or any mortgagee on the Property which may be superior or junior to the lien(s) of Agent under the Collateral Assignments). 5. Notice of Default: Cure Rights. Owner shall concurrently provide Agent with a copy of any and all notices, including notices of default, provided to the Lessee under the Lease from time to time. Owner agrees that any notice shall not be deemed given to the Lessee under the Lease unless a copy has been also delivered to Agent. Owner will not terminate the Lease or pursue any remedies thereunder unless (i) Owner has given written notice to Agent of the occurrence of a default under the Lease and (ii) within sixty. (60) days following the expiration of any applicable notice and cure periods set lbrth in the Lease, Agent and the Lessee under the Lease have failed to cure such default, or it'such default er breach is curable but cannot be cured w th n such time period, A~ent fails to diligently commence to cure such default and continue with commercially reasonable'efforts to prosecute such cure to completion. It is expressly understood and agreed that Agent shall not have any obligation to cure or complete any cure of any breach or default by the Lessee under the Lease. Subject to the other terms and conditions of this Agreement, Owner agrees to accept performance and compliance by Agent of and with any term, obligation or condition on the Lessee's patX to be kept, observed or performed under the Lease. 6. Modification to Lease. Mercury Borrower has agreed in the Collateral Assignments to which it is a party not to consent to any waiver or modification or cancellation of any provision of the Lease or to assign its interest in the Lease to any other person without the prior written consent of Agent. Owner agrees that Agent shall not be bound by any waiver, modification or cancellation of any provision of the Lease which adversely affects the interest of Agent (in a material respect) as assignee of Mercury Borrower's interest under the Lease unless such waiver, modification or cancellation is made with the prior written consent of Agent. Owner shall not without the writxen consent of Agent accept a voluntary surrender o1' the Lease at any time while the Collateral Assignments rentain a lien on the Collateral. Owner furtber agrees for the benefit of Agent that, so long as the Collateral ladbnl 28526797.4 042602 1557P 02959221 Assignments remain a lien on the Collateral, Owner will not subordinate the Lease, or any replacement thereof, to any mortgage or deed of trast that may hereal~er be placed on Owner's reversionary fee interest in the Property, or consent to any prepayment of any rent, without securing the prior written consent of Agent. 7. (a) Agent's Right to Transfer Loan; Agent's Rights Under Loan Documents. Owner acknowledges that Agent may sell, assign or transfer all or any part of its rights under the Loan Agreement and other Documents to any third patty at any time either before or after the occurrence of a default under the Loan Agreement and other Documents so long as Agent provides Owner with written notice of such sale, transfer or assignment. Upon the occurrence ora default under the Loan Agreement, Agent may exercise any of the rights and remedies that it may have under applicable law and under the Documents including, without limitation, the right to sell, assign or transfer the Lessee's interest under the Lease subject to the requirement that the assignment of Lessee's interest under the Lease be to a "qualified operator" under the terms of paragraph 7(b) below. Owner further agrees that upon the occurrence of any such default under the Loan Agreement, Agent (at,er notifying Owner' of its election to do so) shall have the right to (a) make any payment required to be made by the Lessee under the Lease, (b) to perform any other term, covenant, condition or agreement of Lessee under the Lease and (¢) exercise any other rights of Lessee under the Lease, including, without limitation, the right to assign the Lessee's interest under the Lease to another party, subject to the requirement that the assignment of Lessee's interest under the Lease be to a "qualified operator" under the terms of paragraph 7(b) below. (b) Assignee as Qualified Operator. The Agent a~eCs that any person selected by Agent or its assigns to assume the duties and responsibilities of providing the services of the Lessee under the Lease must be a "qualified operator" (i.e., an individual or entity with extensive experience providing fixed base operation services for airports of a similar nature to those services currently being provided by the Lessee under the Lease). In the event that the Lessee under the Lease (either before or after the occurrence ora default under the Loan Agreement or the Lease) ceases to provide the services required under the Lease for more than __ days, Agent or its assigns may (as soon as reasonably practicable) engage a qualified operator to continue to temporarily provide the fixed base operation services required under the Lease until such time as a permanent qualified operator can be engaged by Agent or its assignee. 8. Future Certifications. Owner will. within thirty (30) days after receipt of a written request from Agent, deliver to Agent a certificate stating that (a) the Lease is in full force and effect and is unmodified, (b) that no notice of termination of the Lease has been sent to the Lessee thereunder, (c) the date to which all payments due under the Lease have been paid, and (d) whether or not there are any defaults (or violations of conditions of limitation) under the Lease and if so, the nature of such defauhs or violations. 9. Remedies Re: Personal Property. The Owner hereby: (a) acknowledges that Agent has a first priority security interest in the Personal Property, (b) acknowledges that the Personal Property may be kept, installed, maintained, used, and operated in the Property and shall remain personal property notwithstanding the manner or mode of the attachment of such Personal Property to the realty and shall not become fixtures; (c) waives, relinquishes and releases all claims, liens and demands of ever3' kind that it has or may have against the Personal Property; (d) agrees that none of the Personal Property shall be subject to levy and sale on distress for any non- payment of any rent or any other payments now due or which may hereafter become due under the Lease; and (e) agrees that in the event of a default by Borrower in the performance of its obligations under the Documents, Agent (or its agents or employees) may (i)abandon the Personal Property in place, (ii)assemble the Personal Property and conduct an auction of the Personal Property on the Property, (iii) remove the Personal Property from the Property in accordance with the terms and conditions of the Documents, or (iv) store the Personal Property on the Property for a period of up to one hundred and eighty (I 80) days (so long as all payments due under the Lease are made during such period), all without regard to whether Agent exercises its rights under the Collateral Assignments. During such period, either the Personal Property shall be stored in a place or the Property where it will not interfere with normal operations thereon or the Property will be operated by a "qualified operator" as described in paragraph 7(b) hereo[ The foregoing acknowledgments, agreements and waivers shall continue until such date as all of the Obligations have been paid in full. 10. Amendments to Documents. The Agent may, wititout affecting the validity of this Agreement, extend, amend or other.vise modify the time of the payment of any sum due under or the performance of any of the ladb01 28526797.4 042602 1557 P 02959221 3 other terms and conditions of the Loan Agreement, without the consent of, and without giving notice thereof, to, Owner. 1 1. Prohibition Against Merger. If, title to the Owner's estate in the Property and the Lessee's interest in the Property under the Lease shall be acquired by the same person, firm or entity, other than as a result of, termination of, the Lease, no merger shall occur, it' the effect of such merger would extinguish or in any way impair the lien of any Collateral Assignment. 12. Waiver of Subrogation. Any policy of hazard insurance insuring Owner shall contain an endorsement waiving the insurer's right of subrogation as against the Agent and the Lessee under the Lease. 13. Future Amendments to Lease. If, in connection with any financing or refinancing of the Lease by the Lessee thereunder, Agent requests any changes or additions to the Lease, Owner shall cooperate to amend the Lease to include such changes or additions, provided that such changes or additions do not materially impair Owner's rights, materially increase Owner's obligations, or materially decrease the value of the Lease. 14. New Lease in Favor of Agent. Upon any termination of the Lease for any reason whatsoever, neither Owner nor any mortgagee of the Owner's revisionary fee interest in the Property shall disturb the possession of.any sublesseas of the Property so long as such sublessees are not in def,ault under their respective subleases. In addition, if the Lease is terminated for any reason, Agent may elect to, and Owner shall within thirty days at, er Agent's election, enter into a new lease for the Property with Agent or Agent's nominee (who must be a "qualified operator' as described in paragraph 7(b) hereof) for the remainder of the term of the Lease, effective on the date of termination, at the same rent and with the same covenants, agreements, conditions, provisions, restrictions and limitations as are then contained in the Lease, and subject to all existing subleases. ! 15. Successors and Assigns: Governing Law. The Owner will notify any purchaser of the Property and any mortgagee or other holder of an encumbrance on the Property of the existence of this Agreemen~ which shall be binding upon the successors, assigns and transferees of Owner and shall inure to the benefit of the successors and assigns o£ Agent. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of 1 6. Fee Encumbrances. Notwithstanding anything to the contrary contained in the Lease, Owner shall not encumber Owner's fee simple interest in the Property or any part thereof with a deed of trust, mortgage or other security instrument without the prior written consent of Agent, which consent may be withheld in Agent's sole and absolute discretion. 17. Notices. All notices to be given hereunder shall be given by certified mail, return receipt requested, postage prepaid, as follows, or to any subsequent address furnished hereafter by the relevant party: to Owner: Phone: Fax: to Agent: Foothill Capital Corporation 2450 Colorado Avenue, Suite 3000 West Santa Monica, California 90404 Attention: Business Finance Division Phone: (3 I0) 453-7400 Fax: (3 I0) 453-7443 ladb01 28526797.4 042602 1557 P 02959221 4 to Operator: A~ention: Phone: Fax: [SIGNATURES BEGIN ON NEXT PAGE] ladb01 28526797.4 042602 1557P 02959221 5 IN WITNESS WHEREOF, Owner has caused this Agreement to be duly executed as of the date first above set forth. By: Name: Title: ladb0[ 28526797.4 042602 1557P 02959221 EXHIBIT A TO CONSENT AND WAIVER AGREEMENT Description of Land (Attached) ladb0[ 28526797.4 042602 1557P 02959221 EXHIBIT B TO CONSENT AND WAIVER AGREEMENT Lease (Attached ladbOI 28526797,4 042602 1557P 02959221 19 CITY COUNCIL AGENDA MEMORANDUM November 8, 2002 AGENDA ITEM: A) Ordinance adopting and levying a sales and use tax for the purpose of continuing to finance the operation of the Corpus Christi Crime Control and Prevention District as approved by the voters of Corpus Christi in Proposition I at the election on November 5, 2002; declaring the results of the election continuing said district; providing an effective date; and declaring an emergency. B) Ordinance adopting and levying a sales and use tax of one-eighth of one percent for purposes authorized by Section 4A of the Development Corporation Act as approved by the voters of Corpus Christi in Propositions 2, 2A, and 2B at the election on November 5, 2002; providing an effective date; and declaring an emergency. BACKGROUND: On November 5, 2002, in Proposition 1 voters approved continuation of the Corpus Christi Crime Control and Prevention District and its one-eighth percent sales tax, and in Propositions 2, 2A, and 2B approved a one-eighth cent sales tax for economic development pursuant to Section 4A of the Development Corporation Act. For expeditious processing by the State Comptroller it is necessary to levy the taxes approved by the voters at the earliest time so formal notification can be delivered to the Comptroller. RECOMMENDATION: That the above ordinances be approved as submitted. City Attorney AN ORDINANCE ADOPTING AND LEVYING A SALES AND USE TAX FOR THE PURPOSE OF CONTINUING TO FINANCE THE OPERATION OF THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT AS APPROVED BY THE VOTERS OF CORPUS CHRISTI IN PROPOSITION I AT THE ELECTION ON NOVEMBER 5, 2002; DECLARING THE RESULTS OF THE ELECTION CONTINUING SAID DISTRICT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, at an election held on November 4, 1997, the Corpus Christi Crime Control and Prevention District was lawfully created and a sales and use tax of one-eighth of one percent was authorized; and WHEREAS, Subchapter F, Chapter 363, Texas Local Government Code, the Crime Control and Prevention District Act ("the Act"), provides for the continuation of a crime control and prevention district in a city; and WHEREAS, in accordance with the Act, an election was held in the City of Corpus Christi on November 5, 2002, for the purpose of submitting to the voters of the City of Corpus Christi a proposition authorizing the continuation of the Corpus Christi Crime Control and Prevention District and the continuation of the sales and use tax at a rate of one-eighth of one percent; and WHEREAS, the results of the election were favorable to the continuation of the Corpus Christi Crime Control and Prevention District ("the District") and the continuation of said sales and use tax, and on November 11, 2002 said results were canvassed and declared by order of the Board of Directors of the Corpus Christi Crime Control and Prevention District pursuant to the Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CORPUS CHRISTI, TEXAS: SECTION 1. That all actions concerning the submission ofthe proposition to the voters of the City having been taken and the tax authorized by the Act having been approved by the voters of the City as stated herein, the City Council does hereby adopt and levy a sales and use tax at a rate of one-eighth of one percent on the sale of items at retail within the City and an excise tax at the same rate on the use, storage, or other consumption within the City of tangible personal property purchased, leased, or rented from a retailer during such time as the Tax is effective within the City (hereinafter collectively referred to as the "Tax"). The Tax shall be used for financing the operation of the Corpus Christi Crime Control and Prevention District. SECTION 2. The Tax shall be administered, collected, and remitted in accordance with the Act and, to the extent not inconsistent with the Act, in accordance with Chapter 323, Texas Tax Code, as amended. SECTION 3. The Tax shall continue within the City for an additional five years beyond its original term in accordance with Chapter 363, Texas Local Government Code. SECTION 4. The results of the election on November 5, 2002, on "Whether the Corpus Christi Crime Control and Prevention District should he continued for five years and the crime control and prevention district sales tax should be continued for five years" were 46,186 in favor and 13,238 against, so that the proposition was approved by 32,948 votes. SECTION 5. The City Manager shall provide a copy of this Ordinance levying the Tax to the Comptroller of Public Accounts as soon as possible, such copy to be sent to the Comptroller by certified mail in accordance with Chapter 323, Tax Code. SECTION 6. This ordinance shall be in full force and effect fi.om and after its passage and publication as required by law, and it is so ordained. SECTION 7. 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 to notify the Comptroller of the approval of the Tax and for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter role 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: City Secretary APPROVED THIS THE c~ DAY OF JAMES R. BRAY JR., CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI 2002. AN ORDINANCE ADOPTING AND LEVYING A SALES AND USE TAX OF ONE-EIGHTH OF ONE PERCENT FOR PURPOSES AUTHORIZED BY SECTION 4A OF THE DEVELOPMENT CORPORATION ACT AS APPROVED BY THE VOTERS OF CORPUS CHRISTI IN PROPOSITIONS 2, 2A, AND 2B AT THE ELECTION ON NOVEMBER 5, 2002; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, by Ordinance No. 024952 ordered and called a Special election for the purpose of authorizing a sales and use tax pursuant to Section 4A of Article 5190.6, Vemon's Texas Civil Statutes (The Development Corporation Act); and WHEREAS, in accordance with the Development Corporation Act (the "Act"), an election was held in the City of Corpus Christi on November 5, 2002, for the purpose of submitting to the voters of the City of Corpus Christi Proposition No. 2 authorizing a sales and use tax at a rate of one- eighth of one percent for purposes authorized by Section 4A and Propositions No. 2A and No. 2B authorizing said tax to be used for certain purposes authorized by Section 4B of the Act; and WHEREAS, Propositions 2, 2A, and 2B passed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CORPUS CHRISTI, TEXAS, THAT: SECTION 1. All actions concerning the submission of the Proposition Nos. 2, 2A, and 2B to the voters of the City having been taken and the tax authorized by Section 4A of the Development Corporation Act having been approved by the voters of the City as stated in the Ordinance, the City Council does hereby adopt and levy a sales and use tax at a rate of one-eighth of one percent on the sale of items at retail within the City and an excise tax at the same rate on the use, storage, or other consumption within the City of tangible personal property purchased, leased, or rented from a retailer during such time as the Tax is effective within the City (hereinafter collectively referred to as the "Tax"). The Tax shall be used for the purposes and for the length of time reflected in Proposition Nos. 2, 2A, and 2B and in Ordinance No. 024952. The Tax shall be administered, collected and remitted in accordance with Section 4A of the Development Corporation Act and, to the extent not inconsistent with the Act, in accordance with Chapter 321, Texas Tax Code, as amended. The effective date of the Tax within the City shall be April I, 2003, unless the Comptroller of Public Accounts notifies the City in accordance with the Act that more time is needed to implement the Tax, in which event the Tax shall be effective in accordance with the instructions of the Comptroller. The one-eighth of one percent sales and use tax authorized by Proposition Nos. 2, 2A, and 2B shall be in addition to, and shall be administered by the existing Section 4A board of directors separately from the existing one-eighth percent sales and use tax for an arena and the existing one-eighth percent sales and use tax for the seawall approved by the voters of the City of Corpus Christi on November 7, 2000. SECTION 5. The City Secretary shall provide a copy of this Ordinance levying the Tax to the Comptroller of Public Accounts as soon as possible, such copy to be sent to the Comptroller by certified mail in accordance with Chapter 321, Tax Code. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. SECTION 7. 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 to noti~ the Comptroller of the approval of the Tax and 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: City Secretary APPROVED THIS THE '~ DAY OF MAYOR THE CITY OF CORPUS CHRISTI ~o ~t e.~..e ~-- ,2002. JAMES R. BRAY JR., CITY ATTORNEY 20 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting November 12, 2002 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five- year lease with Jesus Joe Mondragon, doing business as Corpus Christi City By The Sea Girls Fast Pitch League, for the use of a portion of Botsford Park for its softball program and in consideration of Corpus Christi City By The Sea Girls Fast Pitch League maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: The current Use Permit for the premises expires on the effective beginning date of the 5-year lease or the expiration of 11 months and 29 days from July 30, 2002. The Corpus Christi City by the Sea Girls Fast Pitch League has asked for a five-year lease on the premises and the RFP process that awarded the league the use of the property indicated a five-year lease would be approved. The league is in good standing with the Park and Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board approved the previous Use Permit of the area and was informed of the intent to extend the term of the lease. RECOMMENDATION: Staff recommends that the five-year lease with the Corpus Christi City by the Sea Girls Fast Pitch League be approved. Daniel L. Whitworth, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X Lease Summary X Ordinance X Map X AGENDA MEMORANDUM BACKGROUNDINFORMATION BACKGROUND: The Corpus Christi City by the Sea Girls Fast Pitch League has been operating under a one-year use-permit at Botsford Park since July 30, 2002. The league was awarded the permit as a result of a Request for Proposal effort in order to get work started on preparing the fields for the season. The RFP indicated that the lease would be five years so that the poor condition of the facility could be corrected with borrowed funds, if needed, and the longer initial term would allow for easier financing. In 2001, The Corpus Christi City By The Sea Girls Fast Pitch League began a winter American Softball Association (ASA) affiliated league for girls ages 11 through 18. There were two divisions: 12 & under, and 18 & under. There were 144 participants in 2001. The league has also sponsored and organized girls fast-pitch tournaments for select teams around the state for the last three years. It averaged ten tournaments per year during that time. The tournaments were played at the Greenwood softball complex and at Incarnate Word Academy. The league plans to continue with the ten-tournament schedule per year as well as adding spring ASA and PONY girls fast pitch leagues. The ages of the girls will be from 5 through 14 and expected participants will be 300. AGENDA MEMORANDUM LEASE SUMMARY 1. Corpus Christi City by the Sea Girls Fast Pitch League has been using the fields at Botsford for youth softball programs. 2. The lease will be for a five-year term. 3. Lessee agrees to operate a girls youth fast pitch softball program and maintain the premises. 4. Lessee agrees to secure and maintain, at lessee's expense during the term of the Agreement, a commercial general liability insurance policy. 5. Lessee agrees to pay for all utilities used by it or for any activity sponsored by the lessee. 6. Either City or lessee may terminate the lease without cause by giving 30 days written notice to the non-terminating party. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EX- ECUTE A FIVE-YEAR LEASE WITH JESUS JOE MONDRAGON, DOING BUSINESS AS CORPUS CHRISTI CITY BY THE SEA GIRLS FAST PITCH LEAGUE FOR THE USE OF A PORTION OF BOTSFORD PARK FOR ITS SOFTBALL PROGRAM AND IN CONSIDERATION OF CORPUS CHRISTI CITY BY THE SEA GIRLS FAST PITCH LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 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 a five-year lease with Jesus Joe Mondragon; doing business as Corpus Christi City by the Sea Girls Fast Pitch League, for the use of a portion of Botsford Park for its softball program and in consideration of Corpus Christi City by the Sea Gids Fast Pitch League maintaining the premises and improvements. A copy of the lease, including exhibits that are attached to and incorporated into the lease, is on file with the City Secretary. 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. Publication 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. That the foregoing ordinance was read for the first time and passed to its second read- ing on this the Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenem Bill Kelly day of ,2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly ., 2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED on this the ATTEST: day of CITY OF CORPUS CHRISTI ,2002. By: Armando Chapa, City Secretary By: Samuel L Neal, Jr., Mayor APPROVED AS TO LEGAL FORM this JAMES R. BRAY, JR., CITY ATTORNEY Bill Ainsworth, Assistant City Attorney day of ,2002. CORPUS CHRISTI CITY BY THE sEA GIRLS, FAST PITCH LEASE EXHIBIT A LEGEND 21 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting November 12, 2002 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five- year lease with Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central Corpus Christi Association, for the use of a portion of Botsford Park for its football program and in consideration of South Texas Pop Warner Youth Football Central Corpus Christi Association maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: The current Use Permit for the premises expires on the effective beginning date of the five-year lease or the expiration of 11 months and 29 days from July 30, 2002. The South Texas Pop Warner Youth Football Central Corpus Christi Association has asked for a five-year lease on the premises and the RFP process that awarded the league the use of the property indicated a five-year lease would be approved. The league is in good standing with the Park and Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board approved the previous Use Permit of the area and was informed of the intent to extend the term of the lease. RECOMMENDATION: Staff recommends that the five-year lease with the South Texas Pop Warner Youth Football Central Corpus Christi Association be approved. Daniel L. Whitworth, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X Lease Summary X Ordinance X Map X AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The South Texas Pop Warner Youth Football Central Corpus Christi Association has been operating under a one-year use-permit at Botsford Park since July 30, 2002. The association was awarded the permit as a result of a Request for Proposal (RFP) effort in order to get work started on preparing the fields for the season. The RFP indicated that the lease would be five years so that the poor condition of the facility could be corrected with borrowed funds, if needed, and the longer initial term would allow for easier financing. The association is a member of South Texas Pop Warner Youth Football League. South Texas Pop Warner, the parent organization, was given a charter from Pop Warner Little Scholars, Inc. (a national organization) in 1998. Central Corpus Christi Pop Warner was formed in 2001 to provide children on the west and central parts of the city an opportunity to participate in youth football without having to drive to the far south side to the South Texas Pop Warner fields. In the first season, the association limited itself to 3 tackle football teams because of the high cost of equipment. There were 72 participants that year. In 2002, the association is targeting 6 tackle football teams with registration limited to 154 players. They are also expecting to field 6 competitive cheerleading squads (50 girls.) Registration for flag football will be unlimited. The estimate for the fully expanded program would be 800 boys and girls from the ages of 5 through 13 based on the growth rate of the parent group. AGENDA MEMORANDUM LEASE SUMMARY 1. The South Texas Pop Warner Youth Football Central Corpus Christi Association has been using the fields at Botsford Park for youth football programs. 2. The lease will be for a five-year term. 3. Lessee agrees to operate a youth football program and maintain the premises. 4. Lessee agrees to secure and maintain, at lessee's expense during the term of the Agreement, a commercial general liability insurance policy. 5. Lessee agrees to pay for all utilities used by it or for any activity sponsored by the lessee. 6. Either City or lessee may terminate the lease without cause by giving 30 days written notice to the non-terminating party. AH ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EX- ECUTE A FIVE-YEAR LEASE WITH JESUS JOE MONDRAGON, DOING BUSINESS AS SOUTH TEXAS POP WARNER YOUTH FOOTBALL CENTRAL CORPUS CHRISTI ASSOCIATION, FOR THE USE OF A PORTION OF BOTSFORD PARK FOR ITS FOOTBALL PRO- GRAM AND IN CONSIDERATION OF SOUTH TEXAS POP WARNER YOUTH FOOTBALL CENTRAL CORPUS CHRISTI ASSOCIATION MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 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 a five-year lease with Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central Corpus Christi Association, for the use of a portion of Botsford Park for its football program and in consideration of South Texas Pop Warner Youth Football Central Corpus Chdsti Association maintaining the premises and improvements. A copy of the lease, including exhibits that are attached to and incorporated into the lease, is on file with the City Secretary. 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. Publication 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. /. That the foregoing ordinance was read for the first time and passed to its second read- ing on this the Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly day of ,2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly ,2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED on this the ATTEST: day of CITY OF CORPUS CHRISTI ,2002. By: Armando Chapa, City Secretary By: Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM this JAMES R. BRAY, JR., CITY ATTORNEY By: Bill ' rth, Assistah{ City Attorney day of ,2002. SOUTH TEXAS POP WARNER YOUTH FOOTBALL CENTRAL CORPUS CHRISTI AS8OSCIATION LEASE ' - .... . . EXHIBITA LEGEND 22 ORDINANCE STATUS AGENDAITEM: 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. FIRST READING: October 8, 2002 Passed: 8-0 (Jesse Noyola - Abstaining from the vote) FINAL READING: November 12, 2002 COMMENTS: (None) 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 gilt 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 Intemational, 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 gilt 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 gilt 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 annual 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. l~eam Joint Venture The Hudson Group Bethesda, Ma~'land Dallas~ Texas East Rutherford? New Jersey Evaluation criteria Maximum Points Points Points Points Awarded Awarded 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 dicor 20 points 20 19 18 TOTAL 9_.~8 90.9 87.8 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 CHRIST1 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-DII~\john\ORDINANCE~Airport News and Gi~ Concession 60 mo.wpd 23 ORDINANCE STATUS AGENDAITEM: Authorizing the City Manager, or his designee, to execute an amendment to the lease agreement executed with Noble Food Services, Inc., on November 21,2000, by Ordinance No. 024289, and amended on December 11,2001, by Ordinance No. 024685, to extend the term of the lease; proving for severance. FIRST READING: October 8, 2002 Passed: 8-0 (Rex A. Kinnison - Absent ) FINAL READING: November 12, 2002 COMMENTS: (None) 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 Bayfront 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 staffto go out for bids at this time on a new nineteen month Concessionaire Agreement. nvB. Meyer, CFE ~ ention Center Manager 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 Coliseum. 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 Ail 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 1'1, 2001, BY ORDINANCE NO. 024685, 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. 024685, 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. 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Crime Control and Prevention District 5 Year Plan STAFF PRESENTER(S): Name 1. Bryan Smith 2. Title/Position Commander Department Police OUTSIDE PRESENTER(S): Name 1. Linda Bridges Title/Position Organization Chairman Crime Control and Prevention District Board of Directors ISSUE: On November 5, the citizens of Corpus Christi reauthorized the Crime Control and Prevention District for an additional five years. BACKGROUND: The plan for the next five years of the District will be reviewed. The plan includes continuation of the Juvenile Assessment Center and fifty Police Officers. REQUIRED COUNCIL ACTION: None 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Proposition 2 - Sales Tax Update and Timeline (STAFF PRESENTER(S): Name Title/Position 1. George K. Noe Deputy City Manager Department City of Corpus Christi OUTSIDE PRESENTER(S): Name 1. NA Title/Position Organization ISSUE: Presentation to provide general information on an overall plan of action for the Proposition 2 - Economic Development Sales Tax including discussion on the project plans for the baseball stadium and affordable housing. Additional Background [] Exhibits [] Proposition 2 Sales Tax Update and Time Line Background · Approved under Sec. 4A of Statute · Responsibility of Corpus Christi Business and Job Development Corp. · Tax becomes effective April 1, 2003 · First receipts in early June, 2003 4A Board Preparation · Workshop on Section 4A and the Proposed Ordinance Provisions held on September 3, 2002 · Survey of 4A Cities on Economic Development Guidelines and Procedures Baseball Proposal Status · Discussions with PCCA on land acquisition · Property appraisal · Environmental Assessment · Discussions with RSR Sports on MOU for stadium lease 2 Overall Plan of Action · Develop 15 year revenue project~on · Develop and adopt policy for allocation of funds · Develop and adopt procedure for application for funds · Prepare 15 year expenditure projection and 5 year strategic plan for resource allocation December 2002 March 2003 March 2003 March 2003 Plan (contd) · Develop Budget for FY 03 (partial) and FY 04 · Commence Operations April 2003 June 1, 2003 Affordable Housing · Existing HOME funded Program · Sales Tax dollars have limits -- but less · Research program alternatives · Report to 4A Board in February, 2003 · Include in Final Plan to be adopted in March 2003 Baseball Stadium Action Plan · Complete negotiations with PCCA on land acquisition · Complete negotiations with RSR Sports on MOU for Stadium operation · Determine construction acquisition method to be used · Initiate RFP for selection of design and/or construction mgmt. firm · Select design team or design/ construction team Dec. 2002 Jan. 2003 Feb. 2003 Feb. 2003 April 2003 4 Financial Information · Annual revenue (03 estimates) $4.2 M · Baseball Stadium Debt Service $2.1 M · Affordable Housing Allocation $0.5 M · Economic Development $1.6 M Additional Issues · City Support for new Economic Development and Affordable Housing Programs 5 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Proposition 4 - Marina Leases I Development Update STAFF PRESENTER(S): Name 1. David R. Garcia City Manager Title/Position Department City of Corpus Christi 2. George K. Noe Deputy City Manager City of Corpus Christi OUTSIDE PRESENTER(S): Name 1. NA Title/Position O~anizalion ISSUE: Presentation to provide an update on Proposition 4 - Marina Leases including the status of the current Corpus Christi Marina development initiatives. Additional Background [] Exhibits [] ~N~nager 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION November 12, 2002 AGENDA ITEM: Presentation on the status of Packery Channel CITY STAFF PRESENTER(S): Name Title 1. 'Angel R. Escobar Director Dept/Division Engineering Services OUTSIDE PRESENTER(S): Name 1. W. Thomas Utter. Title/Position Special Assistant to City Manager Organization City of Corpus Christi ISSUE: This is a presentation on the status of the Packery Channel project by City staff. BACKGROUND: The Water Resources Development Act of 1999 authorized the North Padre Island Storm Drainage Reduction and Environmental Restoration project of which the City of Corpus Christi was the local sponsor. On April 7, 2001, city voters approved a proposition to create a tax increment financing district on Padre Island with the intent to support the dredging and reopening of Packery Channel. The Corps of Engineers is responsible for all plan preparation and construction of the channel cleanout, jetty and bulkhead installation and beach renoudshment. REQUIRED COUNCIL ACTION: None Required. ·/R'ngc41 R. Escobar, P.E. Director of Engineering Services 28 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 12, 2002) Case No. 0902-03~ Christus Spohn Health System: A change of zoning from an "A-I" Apartment House DisUict with a "SP" Special Permit and "AB" Professional Office District with a "SP" Special Permit to a "B-2" Bayfront Business District on Ocean View Addition, Block I, Lots 4, 5, and 6, and Block IIA, part of Lot 3, located on the west side of Ocean Drive, approximately 150 feet south of Morgan Avenue. Planning Commission and Staff's Recommendation (09/25/02): Approval of the "B-2" Bayfront Business District. Requested Council Action: Approval of the "B-2" Bayfront Business Disthct and adoption of the attached ordinance. Purpose of Request: For a hospital pavilion. Summary: The representative for Christus Spolm has requested a change of zoning from an "A-I" Apartment House Dis~xict with a Special Permit and "AB" Professional Office District with a Special Permit to a "B-2" Bayfront Business District in order to construct a 10-story hospital pavilion facility. In April 2002, the representative was granted a Special Permit within the "A-I' Apartment House District for a 6-story facility, providing for 104 beds and a root~op helipad. Since that time, representatives for Christus Spohn have reanalyzed their needs for the proposed hospital pavilion. The additional 4-stories will add 84 beds to the facility. The representative has indicated that the approved Special Permit for the roofiop helipad is no longer. The existing helipad located south of this site at the Spolm pavilion/garage will be retained. The proposed 10-story hospital pavilion will occupy the subject property and part of the adjacent parking lot to the west, with a connection to the north side oftha existing Spohn pavilion/garage. Building height within the "B-2" Bayfront Business District is unresa-icted, thus accommodating the proposed 10-story facility. There are no proposed driveway access points from the subject prope~ onto Ocean Drive, an arterial. All access to the subject property is proposed bom Elizabeth SWeet during this development phase. The proposed hospital pavilion is consistent with the Southeast Area Development Plan's recommended land use of professinnal and medical uses and with the existing development pattera along Ocean Drive. 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. The representative for the request submitted a notice in favor. 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 11-14 H:~PLN-DIR~ERMA\WORD~AGENDM EM\0902-03 AGENDAMEMO.DOC Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: CITY COUNCIL ZONING REPORT 0902-03 September 25, 2002 J15B Christus Spohn Health System Ocean View Addition, Block I, Lots 4, 5 and 6, and Block l/A, part of Lot 3, located on the west side of Ocean Drive approximately 150 feet south of Morgan Avenue. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of ProperOf: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adjacent Zonine: North - "AB" Professional Office District 0.45 acre (19,602 square feet) Same as above. "A-I" Apartment House District with a "SP" Special Permit and "AB" Professional Office District with a "SP" Special Permit "B-2" Bayfront Business District Vacant. Hospital Pavilion. Not applicable. South - "AB"/SP Professional Office District with a Special Permit East - (across Ocean Drive) "B-2"/SP Bayfront Business District with a Special Pemfit West - "B-4" General Business District Adjacent Land Use: North - Abdominal Surgery of South Texas. South - Spohn Hospital Pavilion and hclipad. East - (across Ocean Drive) Undeveloped land and bayfront. West - Medical office parking lot and Spohn parking garage. Zoning Repor~ Case No. 0902-03 (Christus Spohn Health System) Page 2 Number of Residential Units Allowed: "A-I" - 9 units (21.78 dwelling units per acre) "B-2" - 19 units (43.56 dwelling units per acre) Estimated Traffic Generation: Hospital - 16.78 average vehicle trip ends per 1,000 square feet of gross floor area x 220,000 square feet of gross floor area -- 3,691 average weekday vehicle trip ends. Ad,iaeent Streets/Classification: a) Morgan Avenue - arterial b) Ocean Drive - arterial Right-of-Way Design Current: a) 60-foot right-of-way with a 48-foot back-to-back paved section. b) 100-foot right-of-way with (2) 36-foot back-to-back paved section with a 14-foot median. Planned: a) 80-foot right-of-way with a 62-foot back-to-back paved section. b) Same as above. 2001 Traffic Count (24-hour~ weekday~ non-directional): a) 8,108 vehicles per day. b) 31,977 vehicles per day. Zoning History of Property: On April 23, 2002, the subject property was granted a Special Permit within the "A-I" District for a six (6) story hospital pavilion with a roof helipad. Recent Surrounding Zoning Cases: January 2002, Block 4, Lots 7, 8, and 9 of Bayfront Terrace, located at the southwest comer of Ocean Drive ~nd Ayers Street and north of the subject properly was denied a change of zoning to "AB" Professional Office District, and in lieu thereof, granted a Special Permit for medical and professional offices with five (5) conditions. Case No. 0902-03 (Chrisms Spohn Health System) Page 3 In August 1996, Lots 7 through 11, located on the northwest comer of Elizabeth Street and Ocean Drive and south of the subject property, were denied a change of zoning to a "B-4" District, but were granted an "AB" Dis~ct with a Special Permit for a building with a height of 72 feet. In September 1997, the Special Permit was revised to allow a helipad on the roof of the building. Zoning Inventory: The existing "B-4" District adjacent and west of the subject property is confined to an area between Morgan Avenue, Ocean Drive, Ayres Street and Third Street. This "B-4" area contains approximately 22 acres and is developed predominately with medical related uses. The "AB" Dislrict north of the subject property is occupied by the medical facility, Abdominal Surgery of South Texas. South of the subject property is "AB" District property with a special permit that is developed as a five (5) story Spohn pavilion/garage structure with a helipad on the mol The "B2" District to the east along Ocean Drive is developed with a hotel on its north end and a high-rise condominium on its south end. Planning Staff Analysis: General Characteristics and Background: The representative for Christus Spohn has requested a change of zoning from an "A-I" Apartment House District with a Special Permit and "AB" Professional Office District with a Special Permit to a "B-2" Bayfront Business District in order to construct a 10-story hospital pavilion facility. In April 2002, the representative was granted a Special Permit within the "A-I" Apartment House District for a 6-story facility, providing for 104 beds and a rooftop helipad. Since that time representatives for Christus Spohn have reanalyzed their needs for the proposed hospital pavilion. The additional 4 stories will add 84 beds to the facility. The representative has indicated that the approved Special Permit for the rooftop helipad is no longer needed. The existing helipad located south of this site at the Spohn pavilion/garage will be retained. The proposed 10-story hospital pavilion will occupy the subject property and part of the adjacent parking lot to the west, with a connection to the north side of the existing Spohn pavilion/garage. Building height within the "B-2" Bayfront Business District is unrestricted, thus accommodating the proposed 10-story facility. There are no proposed driveway access points from the subject property onto Ocean Drive, an arterial. All access to the subject property is proposed from Elizabeth Street during this development phase. The proposed hospital pavilion is consistent with the Southeast Area Development Plan's recommended land use of professional and medical uses and with the existing development pattern along Ocean Drive. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-2" District. The Southeast Area Development PlaWs adopted futureiland use map recommends the area to develop with professional office development and medical uses. Zoning Report Case No. 0902-03 (Chrisms Spohn Health System) Page 4 Pros: a) Plan. Cons: a) Potential Housing Density: An "A-1" District permits a density of 21.78 dwelling units per acre or 9 units on the subject property. The "B-2" Distrct permits a density of 43.56 dwelling units per acre or 19 units on the subject property. Height/Bulk/Setbacks/Etc.: The "A-1" District requires a front yard setback of twenty (20) feet and a side and rear yard of five (5) feet each for single-family and duplex uses and ten (10) feet each for the first floor of a multi-family use plus five (5) feet for each additional story, but not to exceed twenty (20) feet. The "A-I" Distrct limits the building height to 45 feet not to exceed three (3) stories. The "B-2" District does not have a height requirement. Signage: An "A-I" Disttrct permits a wall sign with an area of thirty (30) square feet if the property has a street frontage of less than 100 feet or forty (40) square feet if the property has a street frontage of more than 100 feet. A freestanding sign may be substituted in lieu of the wall sign. The "B-2" District permits wall signs with an area not to exceed sixty (60) square feet. As part of the total sign area, one (1) freestanding isign with a maximum area of 150 feet is permitted with the sign height not to exceed the height of the building. No signage is permitted within the twenty (20) foot yard setback. Traffic: The subject property fronts Ocean Drive with proposed access to Elizabeth Street, a collector, without traversing a residential area. The proposed hospital pavilion could generate approximately 3,691 daily trip ends in the area, thus increasing traffic volume along Elizabeth Street and connecting street systems. Parking/Screening: The hospital is required to provide one parking space for each three (3) patient beds. Compliance with the parking regulations will be required before a certificate of occupancy can be issued. The subject property does not have residential adjacency, therefore a screening fence is not required Costs to City: All of the infrastructures required to serve the needs of the subject property are in place. There are no costs to the City. Platting: The subject property is a platted lot and further replatting is not required. (Ideas in support of the request.) The requested "B-2" District is consistent with the adopted Southeast Area Development (Ideas in support of maintaining the current zoning.) Traffic volume along Ocean Drive and Elizabeth Street ~ill increase. Zoning Report Case No. 0902-03 (Chrisms Spohn Health System) Page 5 Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H:~PLN-DIR~ERMA\WORD~ZONRPTS\0902~03 CCREPORT.DOC 17 16 13 12 11 5 6 7 8 10 18 17 14 15 1 2 5 6 7 0 SCOCK BAY FRONT B-2 5 6 7 8 21 PARCEl ELFZABETH ~ 1 21 2 2o ~ 6 17 15 STREET Sep 19, 2002- RP CASE Z0902-03 MAR INA DEL CONDO B-2/SP ]O SOL · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) ~ ~ Subject property I~ Owners within 200 feet listed on attsched ownership list 7 OWNERSHIP LIST CASE NO. 0902-03 Applicant: Christus Spohn Health System 600 Elizabeth St. 78404 Representative: Robert Butler, VP 1702 Santa Fe 78404 1 Z0902-03 048600060100 CHRISTUS SPOHN HEALTH SYSTEM CORP 600 EL~ETH CORPUS CHRISTI TX 78404 BAY VIEW S2' OF LT 9 AND ALL LT 10BK6 1 Z0902-03 048600060110 CHRISTUS SPOHN H~ALTH SYSTEM CORP 600 ELIZABETH CORPUS CHRISTI TX 78404 BAY VIEW LT 11 BK 6 2 Z0902-03 281500000020 CHILLWACK % MR SIMEON DEE, 1002-1736 W 10TH AVE C G GLASSCOCK BAY FRONT PT OF LT 2 ALL OF 3 2 Z0902-03 478300010010 CH1LLWACK % IVIR SIMEON DEE 1002-1736 W 10TH AVE MARINA DEL SOL LTS I & 2 BLK 1 3 Z0902-03 598300010010 L.L.P.,TEXAS REGISTERED L LIABILITY PARTNERSHIP 1301 OCEAN DR CORPUS CHRISTI Tx 78404 OCEAN VIEW LTS 1 2 & 3 BK I 4 Z0902-03 598300020020 MONARCH PROPERTIES,LP C/O GMAC COMMERCIAL MRTG P O BOX 101,5 HOP, SHAM PA 19044 OCEAN VIEW LT 2 BK IIA 5 Z0902-03 598300020035 SPOHN HOSPITAL 600 ELIZABETH CORPUS CHRISTI TX 78404 OCEAN VIEW LT 3 BK 6 Z0902-03 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z0902-03 598300010060 CHRISTUS SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 6 BK I S? Z0902-03 598300010050 CHRIsTus SPOHN HEALTH SYS 1702 SANTA FE CORPUS CHRISTI TX 78404 OCEAN VIEW LT 5 BK I Z0902-03 LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 Z0902-03 DR. WILLIAM ALLEN DEL MAR NEIGHBORHOOD ASSN. 3216 REID DR. CORPUS CHRISTI, TEXAS 78404 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0902-03 Christus Spohn Health System · - 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. II. Responses received from owners/applicants of subject area: Favor: Robert E. Butler, 1702 Santa Fe No written comment. Opposition: None. H:~PLN-DIR~ERMA\WORD\COMMDATA\0902-03COMMENTS .DOC q Plannin~ Commission Minutes September 25, 2002 Christus Spohn Health System: 090203 REQUEST: "A-I'V SP Apartment House District with a Special Permit to "B-2" Bayfront Business District. The property is described as Ocean View Addition, Block I, Lots 4, 5 and 6, and located on the west side of Ocean Drive approximately 150 feet south of Morgan Avenue. Ms. Ooode-Macon presented a computerized shde illustration of the subject property and the surrounding area. The existing "B-4" District adjacent to the west of the subject property is confined to an area between Morgan Avenue, Ocean Drive, Ayres Street and Third Street. This "B4" area contains approximately 22 acres and is developed predominately with medical related uses. The "AB" District north of the subject property is occupied by the medical facility, Abdominal Surgery of South Texas. South of the subject property is "AB" District property with a special permit that is developed as a five (5) story Spolm pavilion/garage structure with a rooflop helipad. The "B2" District to the east along Ocean Drive is developed with a hotel on its north end and a high-rise condominium on its south end. Ms. Goode-Macon said that the representative for Christna Spolm has requested a change of zoning from an "A-I" Apartment House District with a Special Permit to a "B-2" Bayfront Business District in order to construct a 10-story hospital pavilion facility. In April 2002, the representative was granted a Special Permit within the "A-I" Apartment House District for a 6-story facility, providing for 104 beds and a rooftop helipad. Since ihat time representatives for Chtistos Spohn have reanalyzed their needs for the proposed hospital pavilion. The additional four (4) stories will accommodate a second floor and penthouse mechanical shell space and 84 additional beds to the original plan. The representative has indicated that the approved Special Permit for the rooftop helipad is no longer needed and that the existing helipad located south of this site, at the Spohn pavilion/garage, will be retained. The proposed 10-story hospital pavilion will occupy the subject property and part of the adjacent parking lot to the west, with a connection to the north side of the existing Spolm pavilion/garage. Building height within the "B-2" Bayfront Business District is unrestricted, thus accommodating the proposed 10-story facility. There are no proposed driveway access points from the subject property onto Ocean Drive, an arterial. All access to the subject property is proposed from Elizabeth Street during this development phase. The proposed hospital pavilion is consistent with the Southeast Area Development Plan's recommended land use of professional and medical uses and with the existing development pattern along Ocean Drive. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office development and medical uses. Therefore, Staff recommends approval of the requested rezoning request. There were 10 notices mailed to property owners within a 200-foot radius of which one (1) was returned in favor and none were received in opposition. Public hearing was opened. Robert Butler, Vice President for Spolm Healthcare Network, said that the cost for the previously proposed project to move the helipad to the subject property exceeded costs; therefore, a decision was made to leave the helipad in its current locaton and develop a 10-story hospital pavilion. Spohn representatives addressed Commission's concerns regarding access to: the hospital by stating that access would be gained by using the former rear access road which has been closed and is owned by Spolm at this time. The parking garage is proposed to allow for access from the alley. There will be an adchtional story added to the parking garage which would accommodate 150 cars. Vice Chairman Mims asked whether Spohn owned additional lots near the hospital. Mr. Butler stated that Spolm owned lots near the hospital: five (5) are lo.cater on Ocean Drive and four (4) are located on Second Street. Mr. Butler said that they have plans for a medical ctnter on those lots. Public hearing was closed. Motion by Amsler, seconded by Salazar, to forward a recommendation for approval of the rezoning request. Motion passed with Zamora being absent. /O APPLICANT'S REQUEST PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CHRISTUS SPOHN HEALTH SYSTEM BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 4, 5, AND 6, BLOCK I, AND PART OF LOT 3, BLOCK IIA, OCEAN VIEW ADDITION, FROM "A-I"ISP APARTMENT HOUSE DISTRICT WITH A SPECIAL PERMIT AND "AB"ISP PROFESSIONAL OFFICE DISTRICT WITH A SPECIAL PERMIT TO "B-2" BAYFRONT 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 Chdstus Spohn Health System for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesdayl September 25, 2002, during a meeting of the Planning Commission, and on Tuesday, November 12, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 4, 5, and 6, Block I, and a .144 acre tract out of a public alley abandoned and vacated by the City and out of the north part of Lot 3, Block IIA, Ocean View Addition, located on the west side of Ocean Drive approximately 150 feet south of Morgan Avenue, from "A-I"/SP Apartment House District with a Special Permit and "AB"/SP Professional Office District With A Special Permit to "B~2" Bayfront Business District. The .144 acre tract is described by metes and bounds in 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 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,.: Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (f) 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 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 12th day of November, 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 16 October, 2002 MURRAY BAal, JR., P.E., BASS & WI='LSH I='NGINE~£RING P.O. BOX e~7 October 11, 2002 FIELD NOTE DESCRIPTION 3054 S. AI.AMalOA Being a tract situated in Corpus Christi, Nueces County, exas, a portion of a public alley closed by City of Corpus Christi Ordinance No. 024939 and of Lot 3, Block IIA, Ocean View Addition as shown on the Map thereof recorded in Volume 58 at Pages 19 & 20 of the Map Records of Nueces County, Texas. And being more particularly described by metes and b~unds as follows: Beginning at a PK nail found at the northeast comer of the alley closed by the City of Corpus Christi Ordinance No. 024939, said point being the southeast comer of Lot 6, Block I, Ocean View Addition, as shown on the Map thereof, recorded in Volume iat Page 11 of the Map Records of Nueces County, Texas for the northeast comer of this tract. Said point lying in the west right-of-way line of Ocean Drive. THENCE S 19° 15' 24" E along the east line of Lot 3 and west fight-of-way line of Ocean Drive, a distance of 48.18 feet to a point, said point being the intetseetion of the easterly extension of the non~ side of an existing building with the east line of Lot 3 for the southeast comer of this tract; THENCE S 85° 42' 44" W along the extension of and the north side of the existing building, a distance of 134,81 feet to a point on the north side of the existing building for the southwest comer of this tract, said point lying in the east margin of the 15 foot alley that was closed by the City of Corpus Christi Ordinance No. 022668; THENCE N 17° 55' 53" W along the east margin of the closed alley and it's northerly projection, a distance of 48.55 feet to a point, the southwest comer of Lot 6, Blo6k I, Ocean View Addition, and the northwest comer of this tract; THENCE N 85° 58' 28" E along the south line of Lot 6, a distance of 133.81feet to the POINT OF BEGINNING forming a tract embracing 6,290 square feet (0.144 acres). Note: Bearings are State of Texas Lambert Grid, South Zone, NAD 1927 102014ZoneMod.m&b] EXHIBIT A /$ 3 5 7 to 7 B-2 A-2 B-2 C.G BAY FRONT B-2 4 ELEABE'fH STREET 6 B-4 If SUBJECT PARCEl 3 AB/SP /97-08 MAR INA 1 DEL. SOL CONDO B-2/SP Sep 12, 2002- RP 30O CASE Z0902-03 R-lB One-Femi ly D~el Itng Dist. AB Professionol Office Dist. A-1 Apsrtment House Diet. A-2 Apsrlr~ent House Dist. B-I Neighborhood Business Dist. B-2 Boyfront Business Dl.t. A :2 B-4 generel Business Dtst, 29 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 12, 2002) Case No. 0902-04~ Jim Walter Homes~ Inc.: A change of zoning fi.om a "F-R" Farm-Rural District to a "BM" General Business District on 2.0936 acres out of a 160.62-acre tract out of the Gregorio Farias Grant, located on the east side ofU. S. Highway 77, approximately 800 feet south of County Road 52. Planning Commission and Staff's Recommendation (09/25/02): Approval. Requested Council Action: Approval of a "B-4" General Business District and adoption of the attached ordinance. Purpose of Request: For model home sales. Summary: The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business Dis~ict in order to develop a model home sales business. Thc subject property contains 2.093 acres of land and has dixect access to Highway 77, an expressway, and no direct access to a local street. The applicant intends to consa-uct four model homes and utilize one as the business sales office. The model homes range from 1,400 to 1,500 square feet with the office use utilizing a 1,400 square foot unit. Additionally, two warehouse facilities are planned for the site that will provide enclosed storage of building materials. The warehouses are anticipated at 1,000 square feet each. Thc "B-4" District allows for warehouse space up to 6,000 square feet. The employment for the proposed use is projected at 10 to 15 employees. Standard hours of operation for the model home use will be Monday-Friday fi.om 7:30am to 6:00pm, Saturday fi.om 10:00am to 5:00pm and on Sunday fi.om 12 noon to 5:00pm. The requested "B-4" District would be an extension of the "B-4" Dis~ict approximately 250 feet north of the subject property and developed as an auto sales use. Access for the subject properT would not traverse the "T-lB" Dis~-ict property adjacent to the north and east of the subject property. The Comprehensive Plan supports the development of general commercial uses along U.S. Highway 77. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, thirteen (13) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and none in opposition. The applicant/owner of the subject property submitted a notice in favor. This is a noncontroversial case. ICP ~/ MG/FGM/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Commission Minutes Page 10 4) Ordinance Pages 11-14 H:~PLN-DIR~ERMA\WORD~AGENDM EM\0902 -04AGENDAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0902-04 September 25, 2002 L9A Jim Walter Homes, Inc. Being 2.0936 acres out of a 160.62-acre tract out of the Gregorio Farias Grant, located on the east side ofU. S. Highway 77, approximately 800 feet south of County Road 52. 2.093 acres Same as above. "F-R" Farm-Rural District "B-4" General Business District Undeveloped land. Model home sales. Not applicable. - "T-lB" Manufacture Home Park District - "F-R" Farm-Rural District - (across Hwy 77) outside of City limits 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 Zonine: North, East South West Adiacent Land Use: - Manufactured home park. - Undeveloped land. - (across U. S. Highway 77) Undeveloped land. North, East South West Zoning Report Ca~e No. 0902-04 (Jim Walters Homes, Inc.) Page 2 Number of Residential Units Allowed: "F-R" - 0 unit (1 dwelling unit per 5 acres) "B-4" - 75 units (36.30 dwelling units per acre) Estimated Traffic Generation: Model home sales business - The ITE manual does not provide an estimated trip generation for this specific type of use. General office use - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 1,4 00 square feet of gross floor area = 16 average weekday vehicle trip ends. Specialty retail - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 1,400 square feet of gross floor area = 57 average weekday vehicle trip ends. Adiacent Streets/Classification: a) U.S. Highway 77 - expressway Right-of-Way Design Current: a) Variable right-of-way width, 4 traveling lanes with a continuous left-turn lane. Planned: a) Variable right-of-way width, limited access expressway. 1999 Traffic Count (24-hour~ weekda¥~ non-directional): a) 25,040 vehicles per day. Zoning History of Property: In December 1995, as part of a larger area, the subject property was annexed into the City and zoned an "F-R' District based on thc predominant agricultural land use and availability of infrastructure. Recent Surrounding Zoning Cases: ; In December 1995, the area west of U. S. Highway 77 and the subject property was annexed into the City and zoned an "F-R" District. Zoning Report Case No. 0902-04 (Sim Walters Homes, Inc.) Page 3 In October 1997, Lot 1 further north of the subject property was granted a change of zoning from an "F-R" District to a "B-4" District for an auto sales use. In March 1998, the adjacent property to the north and east of the subject property was granted a change of zoning from an "F-R" District to a "T-lB" District for a manufactured home park and to a "B-4" District for a retail center. Zoning Inventory: The subject property is a portion o fan area containing 284.76 acres of land zoned an "F-R" District that is predominantly used as farmland. To the north and east of the subject property, the 79.89 acres are zoned a "T-lB" District and partially developed with a manufactured home park. Further north, there are 17.69 acres of land zoned a "B-4" District of which half is developed with an auto sales lot and the remainder is farmland. Southwest from the subject property, the area is outside the city limits and is predominantly used as farmland. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business District in order to develop a model home sales business. The subject property contains 2.093 acres of land and has direct access to Highway 77, an expressway, and no direct access to a local street. The applicant intends to construct four model homes and utilize one as the business sales office. The model homes range from 1,400 to 1,500 square feet with the office use utilizing a 1,400 square foot unit. Additionally, two warehouse facilities are planned for the site that will provide enclosed storage of building materials. The warehouses are anticipated at 1,000 square feet each. The '*B-4" District allows for warehouse space up to 6,000 square feet. The employment for the proposed use is projected at 10 to 15 employees. Standard hours of operation for the model home use will be Monday-Friday from 7:30am to 6:00pm, Saturday from 10:00am to 5:00pm and on Sunday from 12 noon to 5:00pm. The requested "B-4" District would be an extension of the "B-4" District approximately 250 feet north of the subject property and developed as an auto sales use. Access for the subject property would not traverse the "T-lB" District property adjacent to the north and east of the subject property. The Comprehensive Plan supports the development of general commercial uses along U.S. Highway 77. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District because of its direct access to an expressway, U. S. Highway 77. The Northwest Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. Zoning Report Case No. 0902-04 (lim Walters Homes, Inc.) Page 4 Potential Housing Density: A "F-R" District peru,its one dwelling unit for each five (5) acres or zero units on the subject property since it is less than five (5) acres. The "B-4" District permits a density of 36.30 dwelling units per acre or 75units. Therefore, the density of the proposed "B-4" District will not adversely impact the area especially with its direct access to an expressway. Height/Bulk/Setbacks/Etc.: The existing "F-R" District does not require any fi'ont, side, or rear yard building setback, nor does it limit the building height. A "B4" District requires a front yard setback of twenty (20) feet and no required side or rear setbacks unless adjacent to a residential district where a setback often (10) feet would be required. Since the subject property has residential adjacency to the north and east, a setback of ten (10) feet is required along the residential adjacency. Buildings in the "B-4" District do not have any height limitations. Signage: Signs in the "F-R" District are limited to one temporary freestanding sign with an area not to exceed forty (40) square feet and a height of 35 feet. Wall signs in the "B-4" District are unlimited as to size and number. Freestanding signs within the front yard setback are limited to one sign per street frontage with a sign area not to exceed forty (40) square feet and a height of 25 feet. Signs located behind the front yard setback are unlimited as to size, height, or number. Traffic: The proposed development classified as a specialty retail use is estimated to generate approximately 57 daily trip ends that would not adversely impact U. S. Highway 77. There is direct access from the subject property to U. S. Highway 77 without traversing any low- density residential area. Parking/Screening: A model home sales office is required to provide off-street parking at a rate of one parking space for each 200 square feet of gross floor area. Compliance with the off-street parking regulations will be required during the permitting phase. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. The subject property abuts a "T-lB" Manufactured Home District to the north and east where a screening fence between the two properties is required. · Costs to City: The are no anticipated costs to the City. Platting: The subject property is an unplatted tract of land that will be required to be platted before a building permit will be issued. Pros: (Ideas in support of the request.) The requested "B-4" District is consistent with the Northwest Area Development Plan's adopted future land use map. Zoning Report Case No. 09024)4 (Jim Walters Homes, Inc.) Page 5 b) The requested "B-4" District ~s an expansion of the "B-4" District approximately 250 feet north of the subject property. c) The subject property has direct access to Highway 77, an expressway, without traversing a residential area. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H:~PLN-DIR\ERMA\WORDkZONRPTS\0902 -04CCREPORT.DOC F-R CITY 52 ~. m,,,NT B-4 ABSTRACT 592 OCL B-4 T-lB HERITAGE WEST · SUBJECT PARCID. F-R T-lB - Property Owner in Favor - Property O~ner Opposed See Comments on Page(s)_ ~ Sep 19, 2002- RP ~0 CAS]~ Z0902-04 Subject property ~ 0wnere within 200 feet Ileted on attached ownership Iiet ? OWNERSHIP LIST CASE NO. 0902-04 r Applicant: Jim Walter Homes P. O. Box 200223 San Antonio, Texas 78220-0223 Representative: Albert E. Franco, Jr. RVE, Inc. P. O. Box 2927 78403-2927 1 Z0902-04 238500600101 GULF COAST ENTERTAINMENT P O BOX 18727 CORPUS CHRISTI TX 78480 FARIAS G GRANT 160.8415 ACS OUT LUBY TR 6/kBS 592 2 Z0902-04 238500600105 HARMAND COMMUNITY LTD 3322 HWY 77 AT 5 PTS ROBSTOWN TX 78380 FARIAS G GRANT 58.19 ACS OUT LUBY TR 6 ABS 592 2 Z0902-04 335100010010 HARMAND COMMUNITY LTD 3322 HWY 77 AT 5 PTS ROBSTOWN TX 78380 HERITAGE WEST LT 1 BLK I '3 Z0902-04 587400010090 STUCHLY ALBERT F 8806 LAKESIDE FOREST DRIV HOUSTON TX 77088 iqUECES RIVER IRRIGATION PK 17.354 ACS OUT OF N/2 LT 9 BLK I 4 Z0902-04 587400010093 BURKHARDT JAMES A ET UX 2832 TEXAS HWY 44 ROBSTOWN TX 78380 NUECES RIVER IRRIGATION PK 3.2 ACS OUT OF S POR LT 9 BLK 1 5 Z0902-04 587400010095 HOOK STEVEN R 13720 HILLWOOD TRAIL NORT CORPUS CHRISTI TX 78410 NUECES RIVER IRRIGATION PK 12.98 ACS OUT OF S/2 LTS 9 & 10 BLK 1 6 Z0902-04 587400010096 HALL LOIS RENFROW 506 STIRMAN ST CORPUS CHRISTI TX 78411 NUECES RIVER IRRIGATION PK .451 AC OUT S/2 LT 9 BLK 1 5 Z0902-04 587400010100 HOOK STEVEN R 13720 HILLWOOD TRAIL NORT CORPUS CHRISTI TX 78410 NUECES RIVER IRRIGATION PK 11.452 ACS OUT OF LTS 9 & 10 BLK 1 6 Z0902-04 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z0902-04 238500600101 GLrLF COAST ENTERTAINlvIENT P O BOX 18727 CORPUS CHRISTI TX 78480 FARIAS G GRANT 160.8415 ACS OUT LUBY TR 6 ABS 592 Z0902-04 JAMES WALICK, SUPT. CALALLEN I.S.D. 4205 WILDCAT DR. CORPUS CHRISTI, TEXAS 78410 Z0902-04 FRANK D. HANKINS OPUS 721 CRESTVIEW CORPUS CHRISTI, TEXAS 78412 Z0902-04 PEGGY BAI~ALES 3134 SEVEN TREES CORPUS CHRISTI, TEXAS 78410 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0902-04 Chrisms Spohn Health System · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: l) Gulf Coast Entertainment, L.L.C., P. O. Box 18727 No written comment. 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: Jim Walter Homes, P. O. Box 200223, San Antonio, Texas (Applicant/Owner) No written comment. Opposition: None. H:~PLN-DIR~ERMA\WORD\COMMDATA\0902-04COMMENTS.DOC plsnnlng Commission Minutes September 25, 2002 Jim Walter Homes, Inc.: 0902-04 REQUEST: "F-R" Farm-Rural District to "13-4" General Business District on property described as Being 2.0936 acres out of a 160.62-acre tract out of the Gregorio Farias Grant, and located on the east side ofU. S. Highway 77, approximately 800 feet south of County Road 52. Ms. Goode-Macoa presented a computerized slide illustration of the subject property and the surrounding area. The subject property is a portion of an area containing 284.76 acres of land zoned an "F-R" District that is predominantly used as farmland. To the north and east of the subject property, the 79.89 acres are zoned a "T-lB" District and partially developed with a manufactured home park. Fmther north, there are 17.69 acres of land zoned a "B-4" District of which half is developed with an auto sales lot and the remainder is farmland. Southwest bom the subject property, the area is outside the city limits and is predominantly used as farmland. The applicant has requested a change of zoning flrom a "F-R" Farm-Rural District to a "B-4" General Business District in order to develop a model home sales business. The subject property contains 2.093 acres of land and has direct access to Highway 77, an expressway, and no direct access to a local street. The applicant intends to coustruet four model homes and utilized one as the business sales office. The model homes range from 1,400 to 1,500 square feet with the office use utilizing a 1,400 square foot unit. Additionally, two warehouse facilities are planned for the site that will provide enclosed storage of building materials. The warehouses are anticipated at 1,000 square feet each. The "B-4" District allows for warehouse space up to 6,000 square feet. The applicant communicated to staff that employment for the proposed use is projected at 10 to 15 employees. Standard hours of operation for the model home use will be Monday-Friday fi.om 7:30am to 6:00pm, Saturday fi.om 10:00am to 5:00pm and on Sunday from 12 noon to 5:00pn~ The requested "B-4" District would be an extension of the "B-4" District approximately 250 feet north of the subject property and developed as an auto sales use. Access for the subject property would not traverse the "T-lB" District property adjacent to the north and east of the subject property. The Comprehensive Plan supports the development of general commercial uses along U.S. Highway 77. The No~hwest Area Developmem Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. Therefore, Staffrecommends approval of the requested rezoning request. There were 13 notices mailed to proper0/ owners within a 200-foot radius of which one (1) was returned in favor and none were received in opposition. One ( 1 ) notice in favor was also received fi.om the applicant Vice Chairman Minas asked what type of building materials would be stored on the property. Ms. Goode-Macon said that the applicant indicated that small amounts of lumber, doors, and windows would be stored in each 1,000 square feet building. There was a brief discussion regarding storage of materials on the property and "B-4" District uses being used as "1-2" Light Industrial District uses for storage. Commissioner Pusley emphasized that outside storage was not permitted in the "B-4" District. Public hearing opened. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Smith, to forward a recommendation for approval of the requested zoning change. Motion passed with Zamora being absent. Commissioner Pusley said that he was concerned with "B-4" District uses being approved by Council and Pl~iuning Commission in that they have associated uses that are similar to "1-2" District uses, such as a construction company that has outside storage. He said that he would inform staffif the subject property becomes a storage yard. PLANNING COMMISSION APPLICANT'S REQUEST AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JIM WALTER HOMES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 2.0936 ACRES OUT OF A 160.62-ACRE TRACT OUT OF THE GREGORIO FARIAS GRANT, FROM "F-R" FARM-RURAL 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 Jim Walter Homes, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 25, 2002, during a meeting of the Planning Commission, and on Tuesday, November 12, 2002, during a meeting of the City Council, in the Council Chambers, at City Hail, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 2.0936 acres out of a 160.62-acre tract out of the Gregorio Farias Grant, located on the east side of U.S. Highway 77, approximately 800 feet south of County Road 52, from "F-R" Farm-Rural District to "B-4" General Business District. The 2.0936 acre tract is described by metes and bounds in 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 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full fome and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represehts a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. 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 official 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 City Council (l) 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 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 12th day of November, 2002. ATTEST: THE cl'rY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 16 October, 2002 James R. Bray, Jr. By: ! ~_J ' _._~ ~,~ ~...~,~/~ Doyle ~.~urtis Senior'A'ssistant City Attorney ~LEGAL~-AV~LEG-DIR'~oyleDCu rtisffvlYDOCS~2002\P &ZORD02~Zo ning.ord.~DOYLEC~2002~Z090204A. JimWaltr. Homes. Ord.App.&PC.doc September 11, 2002 647-02027 STATE OF TEXAS COUNTY OF NUECES Being a 2.0936 acre tract out of a 160.62 acre tract out of the Gregorio Farias Grant described in Deed under Clerk's File No. 2001048089 of the Official Public Records of Nueces County, Texas, also being out of a 259.98 acre tract described in Deed under Clerk's File Nd. 905827 of the Official Public Records of Nueees County, Texas; Said 2.0936 acre tract is situated south of FM 624 and is fronting U.S. Highway 77, in Corpus Christi, Nueces County, Texas; COMMENCING at a 5/8" iron rod found in the west line of said 259.98 acre tract, the east right-of-way of U.S. Highway 77, the southwest corner of a 6.1995 acre tract described in Deed recorded under Clerk's File No. 2007005353 of the Official Public Records of Nueces County, Texas, the northwest comer of Lot 1, Block 1, Heritage West recorded in Volume 59, Page 192, Map Records, Nueces County, Texas, and the most westerly northwest corner of an 83.928 acre tract described in Deed from Deluxe Properties to Ted M. Anderson recorded under Clerk's File No. 1998027782 of the Official Public Records of Nueees County, Texas, whence the northwest corner of said 259.98 acre tract bears N 09° 16'18" E, a distance of 1529.90 feet; THENCE S 09°16'18" W along the west line of said 259.98 acre tract, the east right-of- way line of U.S. Highway 77, and west line of said 83.928 acre tract, and west line of said Heritage West at 210.00 feet pass the southwest corner of said Lot 1, Block 1, in all a distance of 300.00 feet to a 5/8" iron rod found at the most westerly southwest corner of said 83.928 acre tract, the northwest corner of said 160.62 acre tract for the POINT OF BEGINNING and northwest corner of this tract; THENCE S 80o43'42'' E along the upper south line of said 83.928 acre tract, the upper north line of said 160.62 acre tract and north line of this tract, a distance of 450.05 feet to :a 5/8" iron rod found at the interior corner of said 83.928 acre tract and interior corner of said 160.62 acre tract for the northeast comer of this tract; EXHIBITA /,r,~ Property Description September 11, 2002 Page 2 THENCE S 09016' 18" W along the lower west line of said 83.928 acre tract, the upper east line of said 160.62 acre tract and east line of this tract, distance of 202.64 feet to a 5/8" iron rod set for the southeast comer of this tract, whence a 5/8" iron md found at the southwest comer of said 83.928 acre tract and interior comer of said 160.62 acre tract bears S 09°16'18" W, a distance of 435.21 feet; THENCE N 80043'42'' W, a distance of 450.05 feet to a 5/8" iron rod set at the east right-of-way line of said U.S. Highway 77, the west line of said 160.62 acre tract and west line of said 259.98 acre tract for the southwest comer of this tract; THENCE N 09°16'18'' E along the west line of said 160.62 acre tract, the west line of said 259.98 acre tract and east right-of-way line of U.S. Highway 77, a distance of 202.64 feet to the POINT OF BEGINNING containing 2.0936 acres, more or less. Prepared by RVE, Inc. September 11, 2002 30 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: November 12, 2002 AGENDA ITEM: Item A: Public Hearing requested in order to hear comments from citizens concerning the adoption of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan. Item B: An ordinance amending the Comprehensive Plan of the City of Corpus Christi by adopting the City of Corpus Christi Parks, Recreation, & Open Space Master Plan; providing for repeal of conflicting ordinances; and providing for severance. ISSUE: The purpose of the City of Corpus Christi Park, Recreation and Open Space Master Plan is to provide broad policy guidance on park and recreation issues including: long range recreational goals; park standards for land and facilities; park location; and future capital improvements. The Master Plan, required by City Charter, encompasses both the areas inside city limits and the City's Five Mile Extraterritorial Jurisdiction (ET J). While the City has a number of plans containing policies for parks in certain areas of the City, this Park, Recreation, and Open Space Master will be the first, overall City and ETJ wide plan for Parks, Open Space and Recreation. The plan was funded by a Housing and Urban Development Block Grant. Halff Associates, park planning consultants from Austin Texas, were selected after a nationwide search. Halff Associates used input from citizen surveys, meetings with key user groups, workshop meetings, public input meetings, the Park Advisory Board, the Planning Commission, City Planning and the Park and Recreation staff to produce the Master Plan. Once adopted, the Park, Recreation and Open Space Master Plan will play a significant role in acquiring Texas Parks and Wildlife Department Grants (TOWED). The Texas Parks and Wildlife Department grant guidelines require prioritization of park and recreation needs contained in the Plan. PRIOR COUNCIL ACTION: A presentation to the City Council on October 8, 2002, of the Corpus Christi Parks, Recreation & Open Space Master Plan by the consultant, James Carillo of Halff Associates. REQUIRED COUNCIL ACTION: By City Charter, City Council must hold at least one public hearing, on November 12, 2002 and may pass an ordinance on first reading to adopt the City of Corpus Christi Parks, Recreation & Open Space Master Plan. City Council Agenda Memorandum Parks, Recreation and Open Space Master Plan November 12, 2002 Adoption of the Master Plan shall not commit the City to specific funding, but shall provide a guidance plan for the City's vision for availability and growth of parks, facilities and recreational services. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board recommended approval of the Master Plan at its October 15, 2002 meeting. The Master Plan was presented to the Planning Commission at its October 23, 2002 meeting. The Commission approved the adoption of the Master Plan contingent upon changes to be made in the final draft and listed under the attached Background Information. The changes were a result of suggestions from the Commission Members and the public. RECOMMENDATION: City Staff recommends that City Council pass an ordinance on first reading: 1 ) repealing of conflicting ordinances; and 2) adopting the "City of Corpus Christi Parks, Recreation & Open Space Master Plan. Michael N. Gunning, AICP / Director of Planning /' Daniel L. Whitworth Director, Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X Ordinance X City Council Agenda Memorandum Parks, Recreation and Open Space Master Plan November 12, 2002 AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: A. The purpose of the Corpus Christi Parks, Recreation and Open Spaces Master Plan is to establish goals, priorities and an assessment of Corpus Christi's parks system. Above all, the Park Planning process allows the citizens of Corpus Christi to determine what their preferred park and recreation priorities should be. The plan: · Points out deficiencies in the system and recommends alternatives to address and correct those deficiencies; Looks at the potential growth of the city over the next 5 to 10 years, and assesses where additional facilities will be needed as the city grows, and what types of facilities are most needed; · Guides city staff in acquiring land to meet current and future park and open space needs; Prioritizes key recommendations of the Corpus Christi Parks, Recreation and Open Spaces Master Plan so that the most significant deficiencies are addressed as quickly as possible; · Is intended to guide city staff and city leaders in determining where and how parks funding should be allocated; Allows the City to compete for much needed grant assistance from the State (Texas Parks and Wildlife Department) and the Federal Government (Urban Parks and Recreation Recovery Program) and other sources of grant funds. Over the past few years, Corpus Christi has been at a distinct disadvantage because of the lack of a citywide parks master plan. The Parks and Recreation Master Plan and associated recommendations were presented to the City of Corpus Christi Planning on Wednesday October 23, 2002 during their regularly scheduled meeting. The Planning Commission unanimously approved the recommendations of the Parks Master Plan, subject to the following requested additions or modifications. 1. In all discussions and text related to modifying the City's current Parkland Dedication ordinance, any suggestions or examples identifying a specific dollar City Council Agenda Memorandum Parks, Recreation and Open Space Master Plan November 12, 2002 amount to be used should be deleted. In some text, an example identifying a suggested $500 per lot assessment was made, and the Commission noted that some might read that to mean that acceptance of the plan recommendations endorses a change to a $500 per lot assessment. Rather, the intent of the Parks, Recreation and Open Spaces Master Plan is simply to recommend that the Parkland Dedication Ordinance be improved or modified to yield a more practical source of funds to develop new neighborhood parks more quickly. The Commission asked that a recommendation be added to the Parks, Recreation and Open Spaces Master Plan endorsing the addition once again of a park planning staff section to the Parks Department. The City had park-planning staff at one time, but these positions were eliminated in past years due to budget constraints. The Park and Recreation Department is recommending that these positions be added back where possible to help implement the recommendations ofthe Parks, Recreation and Open Spaces Master Plan. A statement will be added to the Parks, Recreation and Open Spaces Master Plan recommendations endorsing the addition of park planning staff, with the number of staff positions and the timing to be developed by the City Manager's office. In the Summary of the recommendations, on page 9, Item F-3, the words "too much attention" are used to describe past actions planned for the waterfront, while inland parks deteriorated. The Commission noted that the language used is inaccurate, and that past decisions reflected priorities forced by budgetary constraints. The words "too much attention" will be deleted. 4, The Commission asked that a recommendation be added to address specific open space target types and properties. The Master Plan will include a statement on Page 14 of the summary that states that the development of a detailed open space acquisition target plan should be pursued by the Parks and Recreation Department as staff and funding is available. The Commission heard from citizens representing the Downtown Improvement District, who requested that a master plan for Ocean Drive and Shoreline Boulevard adjacent to the downtown area be developed. With the new seawall and other improvements to the area, timing is right to begin to consider the development of a true downtown bayfront park by looking at the median along Ocean Drive. The first step would be development of a master plan for the area, with an unknown cost at this time. The Parks, Recreation and Open Spaces Master Plan will include a statement on Page 14 addressing this. The concept of a bayfront downtown park will also be added as a recommendation on Page 20, Item 1, and all of the downtown park recommendations will be listed as high priority items, as opposed to their current listing as medium priority elements of the Parks, Recreation and Open Spaces Master Plan. H:\PR- DIR\CH RiS~SUPERSS~Cou ncil\O penSpaceAg endaltem dcc Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan E. Summary of Key Parks Master Plan Findings and Recommendations (For Final Approval) This report is a summary of the key findings of the Citywide Parks Master Plan. This report includes comments received during the formation and review of the recommendations. These comments have come from the Corpus Christi City Council, Planning and Zoning Board, Parks and Recreation Advisory Board, other boards, staff and the citizens of Corpus Christi. A. Purpose of the Parks Master Plan The purpose of this Parks, Recreation and Open Spaces Master Plan/Recovery Action Plan is to establish goals and priorities while providing an assessment of Corpus Christi's parks system. Above all, the Park Planning process allows the citizens of Corpus Christi to determine what their preferred park and recreation priorities should be. This plan: · Points out deficiencies in the system and recommends alternatives to address and correct those deficiencies; · Looks at the potential growth of the city over the next 5 to 10 years, and assesses where additional facilities will be needed as the city grows, and what types of facilities are most needed; · Guides city staff in acquiring land to meet current and future park and open space needs; · Prioritizes key recommendations of the Parks, Recreation and Open Spaces Master Plan/Recovery Action Plan so that the most significant deficiencies are addressed as quickly as possible; · Is intended to guide city staff and city leaders in determining where and how parks funding should be allocated over the next five years; · Allows the City to compete for much needed grant assistance from the State (Texas Parks and Wildlife Department) and the Federal Government (Urban Parks and Recreation Recovery Program). Over the past few years, Corpus Christi has been at a distinct disadvanta.qe because of the lack of a citywide parks master Dian. Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Planning Areas - The city has been divided into three general planning Areas. Each of the three general planning area incorporates several of the Area Development Plans (ADP's), where land use and transportation plans have been prepared by the City Planning Department over the past 10+ years. These three general areas are shown below. Executive Summary m m Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan B. Goals of the Park Master Plan The following goals are derived from previously adopted policy plans adopted by the City Council over the past 10 years. These goals have been updated to reflect currant issues, and continue to reflect the interests of the citizens of Corpus Christi. Goal #1 Provide a diversity of recreation activities at appropriate locations throughout the city, not just in certain parts of the city, based on a systematic evaluation of the parks system and adopted park standards. Goal #2 Praserve and protect unique natural open spaces, selected historic sites, river corridors, drainage corridors and green spaces within the city. Goal #3 Develop a network of pedestrian and bicycle ways for hiking, jogging, and cycling throughout Corpus Christi. Include an interconnected system of paths, trails, lanes, and reutes that are multipurpose, accessible, and convenient and that connect neighborhoods, parks, schools, workplaces, shopping, major open spaces, tourist points, and other destinations. Goal #4 Continue to maintain all City of Corpus Christi parks and recreation facilities to the highest level possible. C. Corpus Christl's Demographics The future growth of the city and its five-mile extraterritorial jurisdiction (ET J) plays an important role in understanding where park facilities are most needed. The table below summarizes the projected population growth of the city as a whole over the next five plus years. Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Year 2000 Population (Per Census) 285,873 End of Year 2001 Starting Population (estimated) 288,901 Year 2005 Projected Population 299,726 Year 2007 Projected Population 305,716 Year 2010 Projected Population 315,089 Significant population growth through the year 2007 is projected to occur in the Southside, south of Padre Island Ddve, as well as in the Flour Bluff, Padre Island and the far North sectors of the city. These areas are anticipated to add almost 14,000 residents over the next 5 years. Little or no growth is projected in the near Westside (just west of the Crosstown Expressway) and in the Southeast side of the city (between Padre Island Drive and the bayfront). D. Methodology Used to Assess Key Parks Needs Three techniques were used in evaluating Corpus Christi's current and future parks needs. These techniques follow general methodologies accepted by the Texas Parks and Wildlife Department for local park master plans and by the Department of the Interior for local park system Recovery Action Plans (RAP). 1. r , ' - uses standards established by Corpus Christi to determine the quantity of park facilities required to meet the city's needs at a given population. Standards usually are expressed as the quantity of park facilities needed to adequately serve every 1,000 citizens of the city. For example, the city's standard for neighborhood parks might be one acre for every 1000 residents of the city. Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan 2. ~ .... - uses participation rates, league usage data, and surveys to determine how much the population uses and desires certain types of recreation facilities. For example, the Padre Soccer League has grown from just under 1000 participants in 1998 to over 2500 participants in 2001. Such growth indicates a need for additional facilities. ----- - is based on the usefulness of available p-h~sicai resources to provide recreation opportunities. For example, the Oak Mott area near the Packery channel area is a unique habitat area only found in a few places in and around the city, and should be considered for preservation. Other resource based recreational opportunities exist along Oso Creek, the Nueces River, the Laguna Madre and along the Gulf of Mexico. All three methods are important in their own way, but individually do not represent the entire story. This assessment, and the recommendations resulting from it, uses findings from all three methods to determine what types of recreation facilities are needed in Corpus Christi. E. Needs Assessment Summary Spatial standards for parks and recreational areas ara established so that sufficient area is available to allow for all the outdoor recreation needs of a community. These standards will allow Corpus Christi to plan ahead, so that parkland can be targeted and acquired before it is developed. These spatial standards are expressed as the number of acres of parkland per 1,000 inhabitants. The recommended spatial standards for Corpus Christi ara shown below. Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Park Acreage Guidelines for Corpus Christi Home based parks · Neighborhood Parks - Recommended Standard - 1.5 acres per 1,000 populationLocall) , Parks - Recommended Standard - 2.0 acres 1,000 Other City Wide Parks · District Parks (large community parks) - Recommended standard 2 acres per 1000 population, and every citizen should be within 3 miles of a large district park. · Regional Parks - Suggested standard 3 acres per 1000 population · Special Purpose Parks - Variable standard, none established · Linear Parks/Linkage Parks - Variable standard, recommended goal of 2 to 4 acres per 1000 population · Open Space Preserves - .Variable standard, recommended goal of 5 to ulation _ Neighborhood Parks - The standard of 1.5 acres of neighborhood parks for every 1000 residents is an average ratio, and reflects the existence of a significant amount of neighborhood parks already in the city. Corpus Christi currently has approximately 280 acres of neighborhood parks for a year 2001 population of 288,901. By the year 2007. as much as 177 additional acres might be neededt or up to 35 additional 5 -acre neighborhood parks, A significant fact is that most of the city's neighborhood parks are very small, in fact, over one third of the city's parks are under three acres in size, and many of those are no more than 1 acre in size. In addition, many of the smaller parks are largely undeveloped or significantly underdeveloped, having only one or two pieces of park equipment in the entire park. The table below summarizes the current neighborhood park acreage on a ck'¥wide basis. Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Neighborhood Parks in (~orpus Christi Today · Current Acres - 280 Acres +/- · Current Ratio of Neighborhood Parks to Population - 0.97 acres per 1000 population · Recommended Standard - 1.5 acres per 1,000 population · Current 2001 Needs with 288,901 estimated population - 433 acres (deficit of 153 acres) - Existing acres are 65% ~ total currently recommended · Year 2007 Needs with 305,716 projected population - 458 acres +/- · Year 2015 Needs with 330,453 projected population - 495 acres +/- Community parks - Corpus Christi has a network of smaller community parks that are well located. However, those parks are often underdeveloped and as a result are often poorly utilized. Coq)us Christi currently has 744 acres of developed community parks for a year 2001 population of 288,901. The table on the following page summarizes the citywide community park supply in Corpus Christi today. Community Parks in Corpus Christi Today · Current Acres - 744 Acres +/- · Current Ratio of community parks to population - 2.58 acres per 1000 population · Recommended Standard - 4 acres per 1000 population · Current 2001 Needs with 288,901 population - 1,152 acres (deficit of 408 acres) - Existing acres am 64% of total rem)mmended · Year 2007 Need with 205,716 projected population - 1220 acres +/- · Year 2015 Need with 330,453 projected population - 1.322 acres +1- Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Needs based on Citizen Input - Citizen input from a citywide survey, public meetings and discussions with leagues and key user groups were also used to determine key needs within the city. The table below summadzes the key recreation desires and needs expressed by the citizens of Coq~us Christi. Type of Facility TOP TEN FACILITIES Level of Ratio of Support Support to citywlde Opposition I CONSTRUCTION OF ADDITIONAL P~CNIC 90% 12.9 to 1 2 PLAYGROUNDS/NEIGHBORHOOD PARKS 89% 12.1 to 1 3 ADDITIONAL TRAILS 86% 9.6 to 1 4 CONSTRUCTION OF NEW SOCCER FIELDS 80% 7.3 to 1 5 CONSTRUCTION OF A NEW SKATEBOARD 83% 6.9 to 1 PARK 6 CONSTRUCTION OF NEW SENIOR 83% 6,9 to 1 CENTERS 7 DEVELOP NATURAL HABITAT/NATURE 82% 6.3 to 1 AREAS 8 CONSTRUCTION OF NEW BASKETBALL 82% 6.8 to 1 COURTS 9 CONSTRUCTION OF NEW SWIMMING 82% 6.8 to 1 POOLS 10 CONSTRUCTION OF YOUTH SOFTBALL 80% 6.2 to 1 FIELDS OTHER HIGHLY RANKED DESIRED FACILITIES 11. VOLLEYBALL COURTS 12. BASEBALL FIELDS 13. RENTAL PICNiC/REUNION PAVILIONS 14. TENNIS COURTS 15. ADULT SOFTBALL FIELDS 78% 6.0 to 1 78% 5.6 to 1 79% 5.3 to 1 74% 4.6 to 1 75% 4.2 to 1 Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan F. Guiding Concepts and Philosophy The following concepts serve as the basis and foundation for the Parks Master Plan recommendations. They are derived from the needs assessment and citizen comments throughout the process. 1. The target standards developed in this document are not excessive, and in fact are average for a city the size of Corpus Christi. The recommendations of this Parks Master Plan reflect a commitment to "quality of park, not lust ouantity. In the past, the city has secured significant amounts of park lands but has not had the resources or the will to develop those park lands. As a result, many of the parks in the city today are underdeveloped, and the city's athletic facilities are poor compared to many other cities. 2. From an overall stand~oint, the city's park system is uenerall¥ in poor condition. The recent years of drought, coupled with the lack of automatic irrigation systems, has contributed to the poor condition of many of the city's parks. The need for immediate and increased funding to address the park needs is critical. 3. The waterfi'ont is an incredible tourism maRnet and a unique resource for all citizens of the city. However, the city must strike a balance between expenditures for waterfront parks and inland oarks. The city should insure that other less visible but just as important parts of the parks system are adequately taken care of. 4. Corpus Christi generally has an adeq,_,e~ overall supply of park lands. This supply by no means exceeds or even comes close to the recommended target standards, but it is judged to be generally adequate given the limited resources of the city. 5. Land f~)r laree uarks is one of the few kev land needs of the city. These parks should serve large sectors of the city, and the city should aggressively pursue the acquisition of several large tracts of land. 6. The bay fron~ and waterfront areas ~hr,~__,n_hout the city are incredibly oracious resources, and as such should be both preserved and developed with an eye to their use and enjoyment by all in the city, not just the few who can purchase waterfront locations. Creative development and cost-sharing between the private and public sectors can make this happen. 7. Land acoulsltion of waterfront lands for open SDace and trails, even In close proximity to development~ should remain a hiQh priority. 8. The ~)~0 (~reek Parkway nlan remains a tremendous opan space and trail link=_.ne_ corridor for much of the non-waterfront portion of the city. The implementation of the Oso Creek Parkway plan should be continued and should remain a high priority. However, the cross-section of land that is being acquired should be greatly increased to turn the corridor into a major parkland corridor as the city grows. Executive Summary Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan 9. The city's athletic facilities ars below oar. The funding resoumes of pdvate non- profit organizations are not sufficient to develop and maintain quality ballflelds and soccer facilities, and the city should re-focus on providing these key recreation facilities. 10. The quantity of smaller neighborhood parks continues to be more than the resources of the city can care for. Divestment of a few more small park spaces may be feasible, but is not an answer for all of the smaller parks. Rather, the greater focus should be on developing a neighborhood by neighborhood plan for converting some of the unused parks in lower maintenance green spaces. Recommendations to address this are contained in this chapter. 11. Drainage ways and utility corridors, and kev boulevards should be used for trail and green space parkways across the cib/. Corpus Chdsfi lacks major creeks or natural corridors in the heart of the city, and so must create artificial green corridors that cut across the city. 12. Imme'J-!=_~-e attention should be given to phasing out older and substandard playground eauiument throuohout the city, and/or installing safety fall zone materials as needed around the remaining play equipment. 13. The pursuit of creative funding solutions to stretch limited funding should remain a hiah oriority. The city should aggressively pursue grant opportunities, joint development partnerships, and co-sharing agreements with the area school districts and other governmental entities. 14. Permanent long range rsvenue sources for parks improvements and operations should be pursued. If other funding needs can be met, a sales tax mechanism, even if only a 1/8 or 1/4 cent percentage, can be an excellent source of revenue for matching grant opportunities. 15. Develop a Ion; range strsta~v for Qrant candidate sites. By understanding the key requirements of a successful TPWD or transportation enhancement grant, strategic land acquisitions (through non-city and non-pad( related soumes) and partnemhips can be developed well in advance. This will ensure a higher degree of success in a very competitive grant environment. 16. The Park Land Dedication ordinance should be u~lated immediately. The ordinance provides very little real land or funding for parks, and as a result is spreading the City's limited funding resources even further. In many cases, the city receives very small amounts of funding, and must wait until other funding sources can be generated. In some cases, land dedicated for new neighborhood parks are not developed for many yearn. The Parkland Dedication Ordinance should be reviewed immediately to assess ways in which it can become a better mechanism under which to develop new neighborhood park facilities In a more timely and yet fair method. The Parks Advisory Board, the Planning and Zoning Board and the City Council should all be actively involved in the review of the Parkland Dedication Ordinance. Executive Summary E - 10 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan G. Major system wide recommendations Using the needs assessment approaches noted above, the following are the key Parks Master Plan recommendations for the next 5 to10 years. Park Cle~slflcation - Adoot a "district" oark classification system. The current system in the city is: · Pocket and Neighborhood parks, with a service area diameter of % to 1 mile; · Community parks, such as South Guth Park, with a service area diameter of 5 miles; · Special purpose parks, such as the golf courses or the Hans Suter Wildlife Area. · Regional park facilities, such as the Mustang Island State Park or Padre Island National Seashore. The master plan recommends that the city add an additional category of park, celled the District Park. These will be existing larger parks that currently serve broad sectors of the city. These include West and South Guth Parks, Dr. Hector P. Garda Park, and Bill Witt Park. These parks are all largely developed, but more diverse recreation facilities need to be added to each of those parks. Reconflflure neiRhborhood parks in portions of the city- instead of a series of very small, largely undeveloped neighborhood parks serving a neighborhood, adopt the strategy of the ~supor" neighborhood park. On a neighborhood-by-neighborhood basis (with each area having logical boundaries no greater than one mile by one mile square), and with significent neighborhood resident input, select one key park to be further developed in each area, and transform that park into the key neif:lhborhood park for that area. Where appropriate, reclassify other neighborhood parks in the same neighborhood into green spaces with fewer or no recreation amenities, but with more Iow maintenance landscaping and trees. This is intended to reduce the maintenance burden for the parks department, but still maintain a high level of scenic appeal. Adopt a district approach to facilities - past philosophy has been to build smaller facilities that serve discreet neighborhoods and communities. The recommended approach is to be district-wide facilities that are more effioient to build and operate, and with more diversity of facilities that attract greater amounts of usage. Executive Summary E - 11 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action H. Alternative Approaches to Implement Needed Improvements Plan The following approaches to address significant parks needs throughout the city can be used. Each has positive and negative implications. Incremental aooroach - divide potential funding among many different needs. Can address many different areas of concern, but often spreads funding out too much, and improvements are not readily apparent. In essence, this chips away at problem areas and doesn't produce major improvements. This approach has been used in the past to address parks improvements, most notably in the 2000 bond program. (or) One at a time approach - target a few selective projects at a time. Allows greater amount of funding to be targeted to specific projects, and permits greater degree of solving key issues in specific parts of the city, but other needs will be delayed. (or) Little of both aooroach - selectively target a few major projects, as well as several minor projects at one time. May cover more ground, but also still dilutes effectiveness of funding approach. I. Other General Funding Considerations Grant leverage - adopt a goal of trying to leverage all improvements funding with outside grant sources. Plan for matching grant funding in every year's fiscal budget. A¢l~3ressively pursue private partnerships - continue to build partnerships with leagues, user groups, educational institutions and other entities that may participate in funding projects. Resource combination - continue to work with other entities to combine resources, especially when targeting grants. School districts, County, governmental institutions can all provide supplemental funding. Executive Summary E - 12 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan J. Facilities Priorities for Citywide Parks Master Plan Based on the needs assessment, a list of the highest priority recreation facility needs over the next 5 years has been identified, and is shown on the following page. Note that these represent needs throughout the city, and represent a top "ten" list that should be addressed in all grant candidate projects. 1. Soccer fields (severe deficiency in west central portion of the city (State School area) Trails (add 3 to 5 miles of trails in the city) -trails were heavily requested by citizens, and are used by all segments of the population, young, active and senior. 3. Picnic Pavilions - heavily requested by citizens, especially for passive recreation, family gatherings and outdoor picnics and to enjoy parks during the hot summer months. Add 10 to 15 throughout the city. This might include additional waterfront sites (with good rental potential), 1 to2 in Dr. Hector P. Garcia Park, 2 in Bill Witt Park, 2 in South Guth Park, and additional pavilions in other community parks throughout the city. 4. Playgrounds (all sectors of the city) - heavily requested by citizens. 5. Practice facilities for baseball/softball (citywids) - can be addressed in school properties or unused parks, as well as in new parks, but requires facilities such as backstops. 6. Practice soccer/football fields - can be addressed in school properties or unused parks, as well as in new parks, but requires facilities such as goals. 7. Skating facilities (freestyle skate park) - very high interest among citizens of Corpus Christi. Consider adding second facility once initial facility along Greenwood Road is built. Enhanced aquatics facilities - most of the city's pools are smaller neighborhood type facilities. Swimming is very popular during the summer, and two additional pool facilities are recommended. o Outdoor covered basketball pavilions - continue to add to key parks within each neighborhood. The city and school districts should partner to jointly construct covered basketball pavilions that are readily accessible from adjacent neighborhoods. 10. Nature habitat or nature areas (parks and preserves) - city has some excellent facilities, but additional preserves are needed, especially in the rapid growth sectors of the city. Executive Summary E - 13 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan K. Priorities for Open Space Acquisition or Preservation Natural areas are a major component of Corpus Christi's unique environment, and the City should continue to take an active and assertive role in preserving key open space areas. Once kev aden soace areas are develooed, imoacted bv adiacent inaaoreoriate development, or closed to public access, they cannot be replaced. Open space areas, in addition to their appeal as a tourism attraction, create green spaces within the city itself, and add to the visual appeal of the city. Key open space areas in the city include the bayfront, waterfront areas along Cayo del Oso, river and creek greenbelts, and tidal wetlands throughout the area. Mechanisms to preserve key open space areas include outright acquisition by the city, acquisition by other non-profit entities, purchase of development rights, or agreements with private landowners to not develop or minimally develop key tracts. It is understood that not every potential tract of open space in the city will or should be preserved, but in general, key areas to be targeted for open space preservation include: · Tracts along the waterfront for beach and waterfront access- bayfront, along the Gulf, along the Laguna Madre, and along Cayo del Oso. In particular, recreational lands near and around the Packery Channel project should be included as an integral part of that project. · Green areas along the Oso Creek corridor - already endorsed by the City Council, special attention needs to continue to focus on the preservation of greenbelt areas along Oso Creek. This greenbelt may be the only significant green area in the interior of the city, and as such is a vital preservation corridor. Care should be given to acquire a wide enough area so that the greenbelt is visually significant. · Areas of unique habitat throughout the city - these may include small wetlands areas, or unique areas such as the Oak Matt covered lands on Padre Island near the Nueces County Park and in Flour Bluff. Most unique areas such as the Oak Matt lands are in private ownership, and will require development agreements to preserve those areas. · Lands along the Nueces Bay and along the Nueces River- since the river areas within the city proper are largely fronted by industrial facilities, they are often forgotten. However, preserved tracts can coexist well with refinery and industrial uses, and the industrial users may be brought in as partners to preserve some of their lands as habitat or as open space. Executive Summary E - 14 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Finally, open space tracts should be included in all major new parks, especially through acquisition of sensitive areas or drainage ways. Inclusion of open space in all parks that are candidates for grants can make those grant applications more competitive. L. An Implementation or Action Plan for Parks To address the needs identified above, a list of recommended actions, along with possible funding strategies for each action is identified below. With the priority ranking assigned to each item, the City has a 'roadmap' to follow over the next few years to begin to address key parks deficiencies, and to strstegize on what items can best be funded. Addressing items on this action list may also make grant applications more competitive. High Priority Action Items (to be initiated within next 5 years, and if feasible completed within 1 to 7 years) "District" Park Network - Enhance and upgrade the city's "district" park network, with a goal of one major 50 to 100 acre district park within 3 to 5 miles of every resident of the city. Because of the lack of athletic facilities elsewhere, these major parks today are largely athletic complexes, serving only one facet of the Corpus Christi community. New and different recreation opportunities are needed in each of these parks. Dr. Hector P. Garcia Park - (high priority) - construct initial phase proposed master plan, including play fields, enhanced playgrounds, picnic facilities, walking trails, basketball and volleyball courts, and parking access infrastructure. Reason for including this facility - the park is the major park for a significant sector of the city, but in fact is largely undeveloped. Development would provide much needed general recreation opportunities in this area of the city. Estimated Cost for this phase - $2,000,000 to $3,000,000 Potential fundin,q sources - TPWD Grants, UPARR Grants, Bonds, limited school district participation, donations or sponsorships, brownfield conversion grants (because of old landfill site). South Guth Park - (high pdodty) - implement current master plan to add more diveme park facilities, including reunion pavilions, enhanced playgrounds, parking improvements, and landscaping throughout the park. Consider land acquisition to expand the park if feasible. Executive Summary E - 15 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Reason for including this facility - the park is the major park for a significant sector of the city, include the Southeast sector and even currently Flour Bluff. The park is largely developed with only balifields at this time, and needs to offer much more diverse recreation opportunities. Estimated Cost for this Phase - $1,000,000 to $1,500,000 Potential funding sources - TPWD Grants, Bonds, limited school district participation, donations or sponsorships. Bill Witt Park - (high pdodty) - renovate and expand athletic and recreation facilities in this park. Reason for includinR this facility - the Southside, along with Flour Bluff, is the fastest growing segment of the city. Bill Witt Park will serve as the key "metro" park for that area. Current facilities in the park focus largely on athletics. Support facilities such as the parking and concession/restroom buildings are sub-par or non-existent. The land is available to expand and enhance the park. Estimated Cost for this phase - $2,000,000 to $3,500,000 Potential fundinR sources - TPWD Grants, UPARR Grants, Bonds, limited school district participation, donations or sponsorships, brownfield conversion grants (because of old airport site). Cole Park - (high priority) - add more open-air pavilions, additional trails, landscaping, and enhance the existing building. Renovate and upgrade the shoreline to reduce ongoing and sedous erosion. Reason for includin(~ this facility - Cole Park is perhaps the city's most visible park. While it already has some excellent facilities, attention needs to be given to continue to enhance Cole Park so that it offers a vadety of recreation opportunities and continues to serve as the city's signature park. Estimated Cost for this phase - $1,500,000 to $2,000,000 Potential fundinq sources - TPWD Grants, UPARR Grants, Bonds, limited school district participation, donations or sponsorships, Total estimated cost for these items - $5,500,000 to $9,000,000 Athletic Facilities - the current system of "metro" parks is overwhelmed by athletic facilities. Develop or enhance athletic facilities to relieve strain and overuse of current facilities. Airport/State School Youth Sports Complex (Phase t) - (high priority) - construct initial phase proposed master plan, including play fields, enhanced playgrounds, picnic facilities, walking trails, basketball and volleyball courts, and parking access infrastructure. Executive Summary E - 16 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Reason for includinq this facility - provides much needed soccer and ballfields in the central part of the city. Estimated Cost for this phase - $1,500,000 to $2,000,000 Potential funding sources - TPWD Grants, Bonds, limited school district participation, donations or sponsorships, city general funds. Flour Bluff Sports Complex - Phase 1(development) (high priority) - provides enhanced athletic facilities for the Flour Bluff and Padre Island communities. Reason for includin!:l this facility - Population of these two areas currently exceeds 27,000 residents (the size of a good size city elsewhere), and athletic facilities in the area are limited. Estimated Cost for this Phase - Land (if purchase is required) $500,000 to $1,000,000 for 50 acres+/-. Development - $1,000,000 to $1,500,000 Potential funding sources - TPWD Grants, Bonds, limited school district participation, donations or sponsorships, city general funds. Navy sitelOso Soccer Fields (enhancement of exist, facility) - Investigate and address long term usage issues with Federal government, if longer-term lease or acquisition can be arranged, enhance parking infrastructure, add signage, and add more diverse recreation facilities. Reason for including this facility - provides relief facility for soccer for Southeast, Flour Bluff, and Padre Island. Estimated Cost -$500,000 to $750,000 Potential fundino sources - TPWD Grants, Bonds, federal government participation, donations or sponsorships, city general funds. d. Far North area Sports facilities (Labonte Park) - provide additional athletic facilities in the northwest and Far North sectors of the city. Work with Nueces County to joint venture faciities. Reason for including this facility - provides additional active recreation. Estimated Cost -$1,000,000 to $1,750,000 Potential fundin(3 sources - TPWD Grants, Bonds, federal government participation, Nueces County contributions or in-kind donations, donations or sponsorships, city general funds. Total estimated cost for these items - $4,500,000 to $7,000,000 Executive Summary E - 17 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan 3. Trails- a. Develop additional Bay Trail segments to connect Oso Creek and Bill Witt Parks to the Bay Trail Phase III trail. The estimated length of this segment is over six miles in length. Estimated Cost -$1,500,000 to $2,000,000 Potential fundinq soumes - TPWD Grants, Bonds, federal government participation, donations or sponsorships, city general funds. Pursue the adaptive rs-use of the Oso Railroad trestle for hiking, biking and fishing, and include connective links in the Southside and in Flour Bluff. Estimated Cost -$1,000,000 to $2,000,000 Potential fundin.q sources - TPWD Grants, Bonds, federal government participation, donations or sponsorships, city general funds. Develop I to 2 miles of easily accessible trails in the Far North area. Estimated Cost -$500,000 to $750,000 Potential fundin(~ soumes - TPWD Grants, Bonds, federal government participation, donations or sponsorships, city general funds. Renovate the Hans Suter Park trail. Estimated Cost -$500,000 to $750,000 Potential fundin.q soumes - TPWD Grants, Bonds, federal government participation, donations or sponsorships, city general funds. Total estimated cost for these items - $4,000,000 to $5,500,000 4. Neighborhood Parks - address enhanced development of key neighborhood parks. Redevelop package of five key neighborhood parks. Select one neighborhood per year for neighborhood park enhancement, and continue for 10-year period. Reason for nc ud n.q this component - begins to address continued maintenance burden of excessive small pocket or neighborhood parks in the Southeast sector of the city. Estimated Cost-$500,000 annually for the next 10 years. Potential fundin~q sources - UPARR Grants, Bonds, donations or sponsorships, neighborhood partnerships, city general funds. Total estimated cost for this item - $2,500,000 over 5 years. Executive Summary E - 18 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Recreation Center - Construct one new major recreation center to replace an aging facility. Select a prominent and highly accessible site that can serve multiple neighborhoods. A location within the heavily populated center of the city, and that is not adequately served by a Boy's and Gids Club or other non-profit center is recommended. Reason for includin,q this component - begins to address indoor recreation needs as well, and provides indoor venue for programming. Estimated Cost -$3,000,000 to $6,000,000 (may be higher if land acquisition is required) - cost varies based on size of facility. Potential fundinq sources - TPWD indoor grants, partnerships with local and national non-profit groups such as YMCA, Boys and Girls Club, etc., other grants, bonds, donations or sponsorships Total estimated cost for this item - $3,000,000 to $6,000,000 - consider beginning within 5 years, but completing within 10 year period. Unique recreation opportunities - Develop unique recreation or nature observation facilities that offer different recreation opportunities. a. Windsurfing "park" - in partnership with windsurfing groups, consider acquisition and development of first class park to provide safe access for windsurfers. Reason for includin,q this component - reinforces city's status as major windsurfing center nationwide. Estimated Cost -$250,000 to $500,000 (may be higher if land acquisition is required. Potential fundin,q sources - TPWD Boat ramp grants, partnerships with local and national windsurfing groups, other grants, bonds, donations or sponsorships, city general funds. Packery Channel project - Develop Recreational Improvements associated with the Packery Channel Project. As the Packery Channel project progresses, federal, state and local entities involved with the project should work together to develop new beach and water access facilities. These include: a. Bath housesand parking; b. Boat ramps; c. Shade structures and pavilions; d. Facilities for recreational fishing; e. Beach maintenance and operations facilities; and f. Other associated recreational facilities. Executive Summary E - 19 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Total estimated cost for this item - unknown at this time, and cost will be shared with other local, state and federal agencies as well as private development interests. The plan recommends that the city allocate $500,000 to provide city portion of partnership. 7. Open Space/Unique area preservation - acquire or preserve key tracts of wetlands, sensitive habitat, or other unique areas. Work with County, State, and Federal entities to jointly pursue key sites. Reason for including this component - actively preserves key areas. Estimated Cost unknown at this time, cost varies based on type of acquisition and methodology used. Significant public and private partnership opportunities may exist. Total estimated cost for this item - unknown at this time, allocate $500,000 to provide city portion of partnership. Total Estimated Cost for all hiqh priority components - approximately ~;20 to ~30 million. Note that improvements to even two thirds of the elements shown above would significant enhance the recreational facilities within the city. 8. Downtown - Create signature parks within the downtown area, with the greater goal of enhancing the urban environment of the downtown area. · Create a major waterfront park in the downtown area - the Downtown Improvement District has advocated the idea and may be willing to be a key partner with the city in studying ideas for a major waterfront park. · Artesian Park- redevelop as urban park · Broadway Bluff and Overlook - redevelop as walkway, restaurant zone, consider street closure and walkway enhancement · Historic area streetscape and park- continue development and enhance linkage to downtown along Waters Street. Medium Priority Action Items (to be initiated after 5 years, and if feasible completed within '10 years) 1. Linear Parkways - Fund initial parkway beautification project within next five years. Consider Louisiana Parkway as first model linear parkway/trail project. Use city funding as seed money for grant opportunities. Executive Summary E - 20 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Metro Park Network - Continue to enhance and upgrade the city's metro park network, with one major 50 to 100 acre regional park within 5 miles of every resident of the city. Select two for major upgrades as high priority upgrade candidates. · Redevelop West Guth · New Oso Creek Regional Park adjacent to current landfill site (after landfill is closed) 3. Trails - Develop additional internal trail segments along drainage ways throughout the city. Collaborate with newly created linear drainage ways to convert those into linear trail corridors. Neighborhood Parks - Continue to address the enhanced development of key "super" neighborhood parks. Include a redevelopment package of five key neighborhood parks in years 6 through 10. Detailed Studies for Specific Park Related Components The Parks Master Plan provides overall goals and implementation strategies at citywide level of detail. However, several additional studies are recommended that will provide a greater level of detail on specific areas of interest. These include: 1. A conceptual plan for a downtown bayfront park - a significant amount of new improvements are planned for the downtown waterfront over the next few years. These include improvements to the seawall and improvements to the sidewalks along the waterfront. As these improvements take place, the possibility of re-aligning Ocean Drive so as to combine the grassy median and the pedestrian walkways along the waterfront into a major new downtown linear "Bayfront Park" should be investigated. This study should consider the costs of each alternative as well as potential impacts on tourism and traffic flow in the area, The Downtown Improvement District may be willing to spearhead such an effort in partnership with the City of Corpus Christi. 2. A Detailed Open Spaces Plan - planning and zoning board members have recommended that the city conduct a more detailed assessment of it's open spaces. This plan would identify key types of open space to be acquired throughout the city, and target certain areas for open space acquisition emphasis. This plan will be critically needed as the city continues to develop, and as waterfront and wetland areas continue to be highly desirable development targets. 3. A Detailed Trails and Cycling Master Plan - trails are one of the most heavily emphasized recommendations of the master plan. The master plan recommends major trail corridors along Oso Creek, Cayo del Oso, the Bay front and along the Executive Summary E - 21 Corpus Christi's Parks, Recreation & Open Spaces Master Plan/Recovery Action Plan Nueces River corridor. It also recommends that new trails be planned along drainage ways throughout the city to provide cross-town access. However, a moro detailed analysis, costing and priodtization of trail corridom will be needed to guide the continued development of trails throughout the city. Therefore, a detailed citywide trails plan is recommended. A Special Events area(s) - new special events areas, either in conjunction with the waterfront, the proposed minor league ballpark or in some other area should be investigated. Cost estimates and the impacts of each a#emative should be considerod. The cost of each of these studies will vary based on the level of detail that is programmed into the effort. Parks Department Planning Staff To further assist in implementing the ideas of this master plan, parks planning staff should be added back to the Parks Department. Budget constraints earlier in the 1990's resulted in the elimination of the Park's Department's planning staff, and as a result the Department has had to rely on outside help and the assistance of other departments to meet its planning needs. The addition of parks staff with expertise in park design and planning can allow the department to more aggrossively pursue grants, evaluate land opportunities as they arise, and work with development interests and other public entities to address the city's parks needs in a more cost effective manner. The addition of one to two park planning positions as early as the 2003-2004 fiscal year or even beforo should be considered. Executive Summary E -22 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI BY ADOPTING THE CITY OF CORPUS CHRISTI PARKS, RECREATION, & OPEN SPACE MASTER PLAN; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERANCE. WHEREAS, the Park and Recreation Advisory Board and the Planning Commission have forwarded to the City Council their reports and recommendations concerning adopting City of Corpus Christi Parks, Recreation, & Open Space Master Plan, as an element of the Comprehensive Plan of the City of Corpus Christi; and WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, October 23, 2002, during a meeting of the Planning Commission and on Tuesday, November 12, 2002, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, under the laws of the State of Texas and the City Charter of the City of Corpus Christi, the City Council shall adopt the comprehensive plan and amendments to the comprehensive plan by ordinance; and WHEREAS, the City Council has determined that the adoption of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, as an element of the Comprehensive Plan of the City of Corpus Christi, would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t. That the Comprehensive Plan of the City of Corpus Christi, Texas is amended by adding the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, as an element of the Comprehensive Plan. A copy of City of Corpus Christi Parks, Recreation, & Open Space Master Plan has been marked as Exhibit A, filed with the City Secretary, and is attached to, incorporated into, and made a part of this ordinance and the Comprehensive Plan of the City of Corpus Christi for all purposes. SECTION 2. That the City of Corpus Christi Parks, Recreation, & Open Space Master Plan establishes the City of Corpus Christi's policies for growth and development of parks and recreation services and the acquisition and preservation of open spaces within the City. The City of Corpus Christi Parks, Recreation, & Open Space Master Plan is a portion of the master and general plan of the City. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Where any provision of this ordinance imposes standards or R22866A2.doc restrictions different from those imposed by any other provision of any other City ordinance, rule, or regulation, the provisions of this ordinance shall control. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. R22866A2,doc 31 AGENDA MEMORANDUM DATE: November 1, 2002 SUBJECT: Azores Road from Caribbean to Cul-de-sac (Project No. 6156) Catcay Road from Caribbean to Cul-de-sac (Project No. 6155) BOND ISSUE 2000 PROJECT C-1R AGENDA ITEM: A. Public Hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas: · Azores Road from Caribbean to Cul-de-sac · Catcay Road from Caribbean to Cul-de-sac Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas: · Azores Road from Caribbean to Cul-de-sac · Catcay Road from Caribbean to Cul-de-sac imposing assessments totaling $89,821.28 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as-built conditions; specifying assessment payment terms and lien enforcement measures; and declaring an emergency. Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $883,739.07 with Salinas Construction of Pleasanton, Texas for the following: · Azores Road from Caribbean to Cul-de-sac · Catcay Road from Caribbean to Cul-de-sac ISSUE: Azores Road and Catcay Road are rural road sections 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 improvements. FUNDING: Funds to finance the proposed project are available in the Utilities Commercial Paper Program. RECOMMENDATION: Staff recommends approval of the Ordinance and Motion as presented. '/~ge~'R. Escobar, P.E., ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit uC' Bid Tabulation Exhibit 'D" Location Map SUBJECT: Azores Road from Caribbean to Cul-de-sac (Project No. 6156) Catcay Road from Caribbean to Cul-de-sac (Project No. 6155) 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 Road (Motion No. 2001-122) 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 for Neighborhood Street Reconstruction along Laguna Shores Road (Motion No. M2002-046). 4. July 23, 2002 - Resolution determining the necessity for and ordering the improvement of the following highways in Corpus Christi, Nueces County, Texas: · Azores Road from Caribbean to Cul-de-sac · Catcay Road from Caribbean to Cul-de-sac 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 (Resolution No. 024958). 5. July 23, 2002 - Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas: ,, Azores Road from Caribbean to Cul-de-sac · Catcay Road from Caribbean to Cul-de-sac 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 September 10, 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 (Resolution No. 024959). September 9, 2002 - Resolution revising the date for a public hearing on the proposed assessments for the Azores and Catcay Drive street improvements to the November 12, 2002 City Council Meeting instead of during the City Council Meeting of September 9, 2002; directing the City Secretary to arrange to publish notice of this revised public hearing date; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners (Resolution No. 024994). 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. IEXHIBIT "A" I Page 1 of 2 PRIOR ADMINISTRATIVE ACTION: (continued) 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 Preperty Owners of upcaming construction improvements. BACKGROUND: The Tropic Isles Subdivision is an older neighborhood that was originally platted in 1956. 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, asphalUcaliche driveways and no sidewalks. The utility water and wastewater lines are old and in need of replacement. A petition submitted December 11, 1987 for Azores and December 31,1987 for Catcay 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 waterAt,,astewater improvements. PROJECT DESCRIPTION: This project consists of construction of 2,250 linear feet of 28-foot back-to-back pavement, sidewalks, and driveways; 1,960 linear feet of storm sewer; 2,350 linear feet of sanitary sewer; and 2,200 linear feet of water line together with all appurtenances as shown on the plans and called for in the specifications. CONTRACT BIDS: The preliminary assessment roll is based on bid proposals received for the project on Wednesday, July 10, 2002. The project consists of a Base Bid; and Salinas Construction of Pleasanton, Texas was the lowest responsible bidder at $883,739.07. The engineer's estimate is $900,504.54. Two (2) bid proposals were received; and the bids range from $883,739.07 to $1,044,458.60. CONTRACT TERMS: The contract specifies that the project will be completed in 260 calendar days with completion anticipated by mid-September 2003. FUNDING: Funds to finance the proposed project are available in the Utilities Commercial Paper Program. EXHIBIT "A" Page 2 of 2 FUNDS AVAILABLE: Streets .......................... Storm Water ................... Wastewater .................... Water............................ TMAI PROJECT BUDGET BOND ISSUE PROJECT C1R NEIGHBORHOOD STREET RECONSTRUCTION AZORES (Project No. 6156) CATCAY (Project No. 6155) November 1, 2002 AZORES ............................................. $262,459.94 .............................................. 115,000.91 ............................................. 81,465.18 .............................................. 81,882.98 FUNDS REQUIRED: Construction (Salinas Construction): Streets ...................................................... $204,334.89 Storm Water ............................................... 91,583.72 Wastewater ................................................ 63,703.41 Water ....................................................... 60,895.61 Subtotal Construction....................................................... Contingencies.................................................................... Land Acquisition................................................................ Consultant (Bass & Welsh Engineering) ................................. Consultant (Goldston Engineering, Inc.) ................................. Consultant (James K. Lontos, P. E.) ....................................... Finance Reimbursements...................................................... Engineering Reimbursements................................................. Testing (Fugro South, Inc.) ................................................... Bond Issuance Expense....................................................... Misc. (Printing, Advertising, etc.) ............................................. m= otal................................................................................. m W °, J W CATCAY 118,188.16 92,772.77 $547,350 233,189 174,237 1,984.00 141.25 1,523.07 7,420.83 1,147.00 2,895.61 1,984.00 141.25 1,677.74 7,644.09 1,147.00 2,895.61 3,968.00 282.50 3,200.81 15,064.92 2,294.00 5,791.22 HAHOMEWELMARIGENISTREET18156 AZORESICONSTRUCTIONIPROJECT BUDGET $227,101.30 $431,436.19 97,205.46 188,789.18 73,746.00 137,449.41 65,168.68 126,064.29 $420,517.63 $463,221.44 $883,739 42,051.76 46,322.14 88,373 5,511.001 0.00 5,511 55,350.001 55.350.00 110.700 1,984.00 141.25 1,523.07 7,420.83 1,147.00 2,895.61 1,984.00 141.25 1,677.74 7,644.09 1,147.00 2,895.61 3,968.00 282.50 3,200.81 15,064.92 2,294.00 5,791.22 HAHOMEWELMARIGENISTREET18156 AZORESICONSTRUCTIONIPROJECT BUDGET TABULATION BY: Murray Bass, Jr., P.E., Bass Welsh Engineering DATE: July 10, 2002 TABULATION OF BIDS DEPT OF ENGINEERING - CITY OF CORPUS CHRISTI TIME OF COMPLETION: 260 Calendar Days Page 1 of 5 ENGINEER'S ESTIMATE: $900,504.54 ORES DRIVE & CATCAY DRIVE STREET IMPROVEMENTS -PROJECT NO. 6156/6155 SALINAS CONSTRUCTION TECHNOLOGIES GARRETT CONSTRUCTION COMPANY ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE AZORES -STREET IMPROVEMENTS -1 EXCAVATION BY 6,495 .731 $63,196.351.80 $57,156. -2 8" CEMENT STABILIZED BASE (AZORES - 12%) BY 4,092 $7.36 $30,117.1 $10.70 $43,784. -3 PRIME COAT GAL 601 $2.47 $1,484.4 $2. $1,442. -4 Y HMAC WEARING SURFACE BY 3,338 $6.60 $21,697. $6.40 $21,363 -5 6" CONCRETE CURB & GUTTER LF 2,239 $9.00 $20,151. $12.00 $26,868. -6 4"X4` CONCRETE SIDEWALK & TURNOUTS SF 7,324 $3.02 $22,118. 54.50 $32,958. 7 CONCRETE CURB RAMP SF 84 $15.53 $1,304. $14.40 $1,209. 9 CONCRETE DRIVEWAY RELOCATE SIGNS & MAIL BOXES SF LS 7,483 1 $4.47 $2,450.00 $33,449.01 $2,450. $5.00 $2,104.10 $37,415. $2,104.1 -10 RELOCATE FENCES LF 279 $13.86 $3,866. $7.10 $1,980. -11 TRAFFIC CONTROL LS 1 $3,500.00 $3,500. 51,306.80 $1,308. -12 OZONE DAY EA 1 $1,000.00 $1,000. $3,209.10 53,209.1 SUB -TOTAL FOR STREET IMPROVEMENTS $204,334.8 $230,799 AZORES -STORMWATER B-1 15" RCP LF 703 $36.10 $25,378. $41.10 8,893. B-2 18" RCP LF 406 $38.23 $15,521. $48.80 $19,812.801 B-3 MANHOLE EA 4 $2,851.04 $11,404.1 $2,695.70 $10,782. 21 B� B-5 5' CURB INLET GRATE INLET EA EA 4 1 $2,767.33 $2,592.81 $11,069. $2,592.81 $1,540.40 $1,540.40 $6,161. $1.540.401 B-6 OUTLETSTRUCTURE LS 1 $3,000.00 $3,000. $1,173.60 $1,173.61 B-7 TRENCH SAFETY LF 1,109 $1.00 $1,109. $2.60 $2,883.401 B-8 TRAFFIC CONTROL LS 1 $500.00 $500.00 $1,306.80 $1,308. B-9 DEWATERING LF 200 $4.00 $800.00 $25.70 B-10 GRASS SODDING SF 1 11,475 $0.85 $7,458.711 $1.20 $13,770. B-11 B-12 SIDEWALK BOXES POLLUTION PREVENTION EA LS 2 1 $2,500.00 $7,750.00 $5,000. $7,750. $1,425.50 $1,611.30 $2,851. $1IN SUB -TOTAL FOR STORMWATER $81,583.7 $95,929. TABULATION BY: Murray Bass, Jr., P.E., Bass Welsh Engineering DATE: July 10, 2002 TABULATION OF BIDS DEPT OF ENGINEERING - CITY OF CORPUS CHRISTI TIME OF COMPLETION: 260 Calendar Days Page 2 of 5 ENGINEER'S ESTIMATE: $900,5D4.54 AZORES DRIVE & CATCAY DRIVE STREET IMPROVEMENTS - PROJECT NO. 6156 / 6155 SALINAS CONSTRUCTION TECHNOLOGIES GARRETT CONSTRUCTION COMPANY ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE I TOTAL PRICE AZORES -WASTEWATER C-1 C-2 8' PVC SEWER (6'-8') 8 -PVC SEWER (8'-10') LF LF 284 818 $20.66 $2221 $5,867. $18,167.7 $41.10 $43.60 $11.672.401 $35,664, C3 MANHOLE (6'-8') EA 3 $3,103.42 59,310.2 $8,857 C-4 C-5 DROP MH AT EXISTING SEWER (8'-10') 6" PVC SERVICE, NEAR SIDE EA EA 1 15 $1,532.57 $510.86 $1,532.5 $7,662. $ $10,911. $7,702,54 C-6 C-7 6" PVC SERVICE, FAR SIDE TRENCH SAFETY EA LF 14 1,102 $556.68 $1.00 $7,793.5 $1,102. $9,864. $2,655C-8 DEWATERING LF 500 $3.58 $1.790. j$252 $12,850. C-9 TRAFFIC CONTROL LS1 $1,000.00 E1,000. $1,308.C-10 GROUT ABANDONED UTILITY LINES PAVEMENT REPAIR LF SY 1,102 100 $4.97 $40.00 $5,476. $4000, $11,350.C-11 $4,800. SUB -TOTAL FOR WASTEWATER $63,703A1 $117,888. AZORES - WATER DISTRIBUTION D-1 W PVC (C900) WATERLINE LF 1,029 $20.561 $21,156.2413.10 $23.769.00 D-2 2' COPPER WATERLINE LF 192 $26.17 $5,024. $25.70 $4.934.401 D-3 FIRE HYDRANT ASSEMBLY EA 3 $2,968.57 $8,905.71 $2,759.80 $8,279.401 D-4 W GATE VALVE EA 1 $1,831.02 $1,831.0 $962.70 $982.7 D-5 8'X12' TAPPING SLEEVE & VALVE EA 1 $4,845.52 $4,845. $2,.3-0 $2 567 .301 D-6 1 -SERVICE, NEAR SIDE EA 14 $584.65 $8,185.1 $385.10 $5,391.409 D-7 1- SERVICE, FAR SIDE EA 13 $892.20 $8,998. $577.60 $7,508. D-8 TRAFFIC CONTROL LS 1 $1,000.00 $1,000. $1,308.80 $1.308. D-9 REMOVE FIRE HYDRANTS & VALVE, PLUG MAIN LS 1 $750.00 $750. $1,283.60 $1,283 D-10 8'X6" REDUCER EA 1 $198.78 $198.7 $385.10 $385.1 SUB -TOTAL FOR WATER DISTRIBUTION $60.895.81 $56,391 AZORES -TOTAL ESTIMATED QUANTITIES $420,517.63 $500,986 40 TABULATION BY: Murray Bass, Jr., P.E., Bass Welsh Engineering DATE: July 10, 2002 TABULATION OF BIDS DEPT OF ENGINEERING - CITY OF CORPUS CHRISTI TIME OF COMPLETION: 260 Calendar Days Page 3 of 5 ENGINEER'S ESTIMATE: $900,504.54 AZORES DRIVE & CATCAY DRIVE STREET IMPROVEMENTS - PROJECT NO. 615616155 SALINAS CONSTRUCTION TECHNOLOGIES GARRETT CONSTRUCTION COMPANY ITEM DESCRIPTION UNIT I QUANTITY I UNIT PRICE I TOTAL PRICE UNIT PRICE I TOTAL PRICE CATCAY-STREET IMPROVEMENTS E-1 EXCAVATION SY 6,689 $9.57 $64,013.731 $8.80 $58,8632 E-2 8" CEMENT STABILIZED BASE (CATCAY - 10%) SY 4,213 $7.36 +T $31,007.681 $10.70 $46,079.7 E-3 PRIME COAT GAL 618 $2.47 $1,526.461 $2.40 $1.483.20 E4 2" HMAC WEARING SURFACE SY 3,429 $6.50 $22,288.50 $6.40 $21,945.60 E-5 6" CONCRETE CURB & GUTTER LF 2,308 $9.00 $20,772. $72.00 $27,696.00 E-6 4"X4' CONCRETE SIDEWALK & TURNOUTS SF 7,080 $3.02 $21,381.6 $4.50 $31,860. E-7 CONCRETE CURB RAMP SF 84 $15.53 $1,304.52 $14.40 $1,209. E-8 CONCRETE DRIVEWAY SF 12,287 $4.47 $64,922.89 $5.00 $61,435. E-9 RELOCATE SIGNS & MAIL BOXES LS 1 $3,000.00 $3,000. $2,104.10 $2,104.1 E-10 RELOCATE FENCES LF 172 $13.86 $2,383.92 $7.10 $1,221. E-11 TRAFFIC CONTROL LS 1 $3,500.00 $3,500. $1,308.80 $1,308. E-12 OZONE DAY EA 1 $1,000.00 $1,000. $3,209.10 $3,209.1 SUB -TOTAL FOR STREET IMPROVEMENTS it $227,101.30 $257,414. CATCAY -STORMWATER F-1 15" RCP LF 146 $36.10 $5,342. $41.10 ,082. F-2 18"X23" CONCRETE ARCH PIPE LF 765 $75.73 - $57,933A $87.30 $66,784. F-3 MANHOLE EA 3 $2,851.04 $8,553.1 $2,695.70 $8,087.1 F4 5' CURB INLET EA 3 $2,767.33 $8,301.9 $1,540.40 $4,621.2 F-5 REMOVE POST INLET, CONVERT TO 5' CURB INLET EA 2 $750.00 $1,500. $1,283.60 $2,5672 F-6 TRENCH SAFETY LF 828 $1.00 $828. $2.60 $2,152. F-7 TRAFFIC CONTROL LS 1 $500.00 $600. $1,308.80 $1,308. F-8 DEWATERING LF 200 $4.00 $800. $25.70 $5,140.00 F-9 GRASS SODDING SF 8,294 $0.65 $5,391.1 $0.50 $4,147. F-10 POLLUTION PREVENTION LS 1 $8,055.00 $8,055.0 $1,611.30 $1,611.3 SUB -TOTAL FOR STORMWATER $87,205. tr $102,502.7 TABULATION OF BIDS Page 4 of 5 DEPT OF ENGINEERING - CITY OF CORPUS CHRISTI TABULATION BY: Murray Bass, Jr., P.E., Bass Welsh Engineering DATE: July 10, 2002 TIME OF COMPLETION: 260 Calendar Days ENGINEER'S ESTIMATE: $900,504.54 TABULATION OF BIDS DEPT OF ENGINEERING - CITY OF CORPUS CHRISTI Page 5 of 5 TABULATION BY: Murray Bass, Jr., P.E., Bass Welsh Engineering DATE: July 10, 2002 TIME OF COMPLETION: 260 Calendar Days ENGINEER'S ESTIMATE: $900,504.54 File : \Mproject~councilexhibits\exh6156&6155,dw~ .Q N N VT_CT_NITY MAP CZTY PROJECT No. 6156,6155 NOT TO SCALE EXHZBZT "D" CZTY COUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol~ I __~'-- DATE: 08-28-2002 STREET ZI~PROVEI~ENTS AZORES ROAD FRO~I CARZBBEAN TO CUL-DE-SAC (6156) CATCAY ROAD FROM CARZBBEAN TO CUL-DE-SAC (6155) CITY OF CORPUS CHRISTI, TEXAS ORDINANCE CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS TO THE FOLLOWING HIGHWAYS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS: Azores Drive from Caribbean to Cul-de-sac and Catcay Drive from Caribbean to Cul-de-sac IMPOSING ASSESSMENTS TOTALING $89,821.28 AGAINST PROPERTY ABUTTING THE IMPROVEMENTS, AFFECTED RAILWAYS, AND PROPERTY AND RAILWAY OWNERS; FIXING CORRESPONDING LIENS ON PROPERTY AND CHARGES AGAINST PROPERTY OWNERS; PROVIDING FOR SUBSEQUENT ADJUSTMENT OF ASSESSMENT AMOUNTS AND THE CORRESPONDING LIENS AND CHARGES BASED ON AS-BUILT CONDITIONS; SPECIFYING ASSESSMENT PAYMENT TERMS AND LIEN ENFORCEMENT MEASURES; AND DECLARING AN EMERGENCY. In its Resolution No .024958, passed on July 23, 2002, the city council determined that it was necessary to improve and ordered the improvement of the following highways in Corpus Christi, Nueces County, Texas: Azores Drive from Caribbean to Cul-de-sac and Catcay Drive from Caribbean to Cul-de- sac (collectively, the "Azores/Catcay Street Improvements Project") (the "Project"). In that resolution, the city council also noted that street, curb, gutter, and sidewalk improvements were to be paid for partly by the city and partly by assessments. Driveway improvements were to be paid for entirely by assessments. On November 26, 1996, the city council passed Resolution No. 022767, which specified roles which apply to the city street improvement assessment process (the "Assessment Process Rules Resolution"). These roles concerned assessment heating notice and the assessment hearing itself. In Resolution No. 024959, passed on July 23, 2002, the City Council scheduled a public hearing on proposed assessments for the Azores/Catcay Street Improvements Project. The City Council directed that hearing notice be published and mailed in accordance with the Assessment Process Rules Resolution. Thereafter, notice was published on the following dates: September 30, 2002, October 7, 2002 and October 14, 2002. Written notice was sent via certified mail to owners of property abutting the proposed improvements, and owners of affected railways, if any, on October 24, 2002. H:~LEG-DIR\j oh n\ORDINANCE~Clos¢ Pub. Hrg. Azores and Catcay.wpd I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. During the November 12, 2002 city council meeting, a public hearing was held concerning proposed assessments for the Azores/Catcay Street Improvements Project. The city council considered: written testimony by the city's director of engineering services and a city-retained real estate appraiser. A copy of the appraiser's written testimony is attached as Exhibit A; testimony, if any, by owners of property abutting the proposed improvements and their representatives; C. testimony, if any, by owners of affected railways and their representatives; additional testimony, if any, by the director of engineering services, other members of city staff, and a city-retained real estate appraiser; and E. other testimony and evidence, if any. After consideration of all testimony and other evidence, the assessment hearing is closed. SECTION 2. Proposed assessments for each property abutting proposed improvements and for affected railway property, if any, are listed in Exhibit B. These assessments have been calculated according to the requirements of the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code") Section 49-2 1 and Texas Transportation Code Chapter 313. The front-foot role was applied unless that would have resulted in injustice or inequality. In those cases, however, the city council has applied special rates or made other equitable adjustments to the assessments, all considering the: mo special benefit the property and the owner receive in enhanced value to the property; B. equities of the owners; and adjustment of the apportionment to produce a substantial equality of benefits received and burdens imposed. SECTION 3. The city council determines that the assessment on each property listed in Exhibit B is just and equitable and does not exceed the special benefit in enhanced value which that property and its owner will receive by construction of the proposed improvements. SECTION 4. The assessments listed in Exhibit B are adopted and fixed as a lien on the property and a personal liability and charge against the property owner. This includes any property which is in the area between, under, or extending two feet outside a railway's tracks, double tracks, mm outs, or switches. SECTION 5. The director of engineering services or his designee is authorized to adjust these assessments and the corresponding liens and charges without further city council action if it is determined after completion of the proposed improvements that the amount of property actually improved is either greater or less than the amount utilized for purposes of calculating the assessment. Under those circumstances, an adjustment may be made to ensure that the assessment for each property corresponds to as-built conditions. The adjustment will be made using the same assessment method (front-foot rule, special rate, other equitable adjustment) which was used to calculate the assessment listed in Exhibit B. It is intended that these adjustments will not be substantial in nature. Thus, they will not trigger any statutory requirement for the city council to hold a new assessment heating to impose revised assessments. SECTION 6. These assessments have been imposed after due consideration of all testimony and other evidence. They include any appropriate equitable adjustments. They also reflect the correction of any errors, inaccuracies, or irregularities noted at the public heating. All protests against or objections to the assessments or to the contract for the improvements, other than as reflected in Exhibit B, are denied. SECTION 7. In accordance with Corpus Christi Code Section 49-21, a property owner may pay an assessment as follows: Any property owner against whom and against whose property an assessment has been imposed may pay the whole assessment, without interest, within thirty (30) days after completion and acceptance of the improvements by the city. Alternatively, an assessment may be paid in 120 or fewer monthly installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. Installments and accrued interest will be due each month thereafter until the assessment is paid. Alternatively, an assessment may be paid in 10 or fewer annual installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. One installment and accrued interest will be due each year thereafter until the assessment is paid. SECTION 8. The interest rate on assessments will be the greater of: A. eight (8) percent per annum; or H:~LEG-DIR\john\ORDINPaNCE~Close Pub. Hrg. P~zorcs and Catcay.wpd 3 B. the interest rate paid by the city on its most recently issued general obligation bonds. Assessmem installments may be paid at any time before maturity by paying the principal and accrued interest. Ifa property owner does not timely pay an assessment indebtedness or any part thereof, then the whole indebtedness remaining unpaid will, at the option of the city, immediately mature and become payable without notice, demand, or presentment for payment. SECTION 9. These assessment liens are first and prior liens on the property affected. They are superior to any other lien or claim other than one for county, school district, or municipal ad valorem taxes. The liens date from July 23, 2002, the date when the Corpus Christi City Council ordered the Azores/Catcay Street Improvements Project. SECTION 10. A lien against property or the personal liability ora property owner that arises from an assessment under this ordinance may be enforced by suit or sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes. Further, the assessments may be collected along with interest, expenses of collection, and reasonable attomeys' fees. SECTION 11. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency because of 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: CITY OF CORPUS CHRISTI Annando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO FORM THE "7 DAYOF ~]o~n~''~ .2002 JAMES R. BRAY JR., CITY ATTORNEY By: [o .~.n P. Burke, Jr. A~istant City Attomey TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison Bill Kelly John Longoria Jesse Noyola Mark Scott H:~LEG-DIR\john\ORDINANCE\Close Pub. Hrg. Azores and Catcay.wpd 5 CITY ENGINEER'8 STATEMENT AZORES DRIVE FROM CARIBBEAN DRIVE TO CUL-DE-SAn CATCAY DRIVE FROM CARIBBEAN DRIVE TO CUL-DE-SAC My name is ,~ngel R. Escobar. I am the City Engineer for the City of Corpus Chdsti and have served in this capacity for lhe last 26 months and as Assistant City Engineer for the last one hundred twenty months (120) months. I am a Professional Engineer, licensed by the State of Texas since 1977. I have over 24 yea.rs of experience in design of construction and estimating the costa thereof. I am familiar with this project, which encompasses: · Azores Drive from Caribbean Drive to Cul-de-Sac · Catcay Drive from Caribbean Drive to Cul-de-Sac This project consists of construction of 2,250 linear feet of 28-foot back-to-back pavement, sidewalks, driveways, 1,960 linear feet of storm sewer, 2,350 linear feet of sanitary sewer, and 2,200 linear feet ofwator line together with all appurtenances as shown on the plans and called for in the specifications. Umits of the work will be as follows: · Azores Drive from Caribbean Drive to Cul-de-Sac · Catcay Drive from Caribbean Drive to Cul-de-Sac Funds to finance the proposed project am available in the Utilities Commercial Paper Program. Pdor to this headng, I had an estimate of project costs prepared, and it compared favorably with the bids received. In my opinion, the costa are true and accumta. This project is*estimated to start in October 2002 with completion in August 2003. Director of Engineering Services GEORGE N PARASK£VAS REALTORS CORPUg CHRIS'ri. 'IqrXAS 78411 August 12, 2O02 PI~LIMINARY ASS~ ROLL, Azores and Catgay SWeet Project Cateay Drive- Carl~an Drive to Cul-do-Sac Begin Az~es Drive - NoRhwest Side From Cari~an Dr/ye to Cul-de-Sac My n.me is Ocefg~ N Pnraskevas and I nm a State Certified Residential appraiser and have been eval~ property and practicing real ~-~*~*e in the Corpus Christi a~ea since 1971. I have ~l~rimce in af~,~ising both comme~ial and residmlial properties, and I am ~nmHiar with the real I nm familiar with the Preliminary Assessmmt Roll - Azores and Catcay Street Project. I agree with Mr. JeffBarraso's descriptimi of the conditions to be c~anged and I am familiar v, dth the improv~nents to be made by the City of Corpus Christi. I have reviewed the project assessment roll; and personally cy~mlned each of the 82 parcels ofland therein. In my opinioo each such parcel Will be specifically benefited by each improvemmt to be assessed against it; wi~out re~ard to the community benefit. In addition, it is my opinion that each such parcel will be specially enhanced by such hnprovement at least to the extent of the assessment stated. George Appraiser Ol~lfl~lg (,~81) ~9~-~41 FAX (;~61) Preliminary Assessment Roll - Azores and Catcay Street Project: Azores Dr. - Caribbean Dr. to Cul-de-Sac Catcay Dr, - Caribbenn Dr. to Cul-de-Sac 18200/ I~ Azores Dr. - Nor&west Side From Caribbean Dr. to Cul-de-Sac 01 ~maddR. andHtroko M Pratt 197.77 fL Curb, Gutter, md Pavemer~ - Front (~ $9.75 per ~. = $1,928.2¢ ;447¥alleyViev~L~ 0.00 iL Crab, G~ter, and Pavcmgm - Side ~ $4.88 pcr fi* = S0.IX ~prlngk'all~y, CA 91977 719.720.: 4 fL Wide Sidewalk - Fmm ~ 51.00periL~ = $719.T, 1104 Azeres Dr. 0.00 iL~ 4 fL Wide Sidewulk - Side @ SO.50 Per iL~ = SO.O( hot 15, Btoek 9 [lliL2 1 - Ill it. Wide Ddvewey @ $4.83 per it.~ Fro~ ides 0.00 iL~ No Second Driveway ~ $4.83 pea-it.~ 18,1(~0009.0150 0.00 fL~ No Extras (~ SO.00 p~ fL~ S0.1X R-lB 0.00 fL~ No Extras @ SO.00 per it.z 02 roan R. Carl/s/e 70.23 fL Curb, GuUer, and Pavemcnt- Front ~ $9.75 per fL $684.74 1118 Atore~ Dr. 0.00 iL Crab, Guttor, md Pavemcm -Stde ~ $4.88 pcr fL -, SO.0¢ 2orp~ Christi, ~X 78418 240.52 fL: 4 iL Wide Sidewalk- From (~ 51.00 per iL~ $240.52 I115 Azores Dr. 0.00 fL~ 4 fL Wide Sidewalk - Side (~ SO.50 per fL: SO.O(} ~ot 14, ~lo~k 9 141.10 fi*: I - I 0. I fL Wide i:kiveway (~ $4.83 [~*it.: $681.51 Frol~ Isles 0.00 fi*: No Second Dfivcway ~ $4.g3 per it.~ SO.0~ ~J(~0009-0140 0.00 ~ No Extras @ $0.00 per iL: SO.0~ ~-IB 0.00 fl.~ No Extras ~ SO.00 per fi*~ $1,60~.7~ 03 2urti~ B. Baninem~ 70-23 fL Curb, GuUcr, and Pavement - Front ~ $9.75 per fi* $684.74 l124Azore~Dr. 0.00 fL Curb, Gutter, and PavcmgrA- Side ~ $4.88 petit $0.00 ~.orpu~Chriztt, TX 78418 238.12 it: 4 fl. WideSldgvmlk-Front (~ SL00 per fL~ $238.12 ~124 Azores Dr. 0.00 fL~ 4 fL Wid,~ Sidewalk- Side ~ 50.50 per it.: SO.00 ,et 13, Block 9 147.70 fi*: I - 10.7 ~ Widc Driveway ~ $4.83 pcr fL~ 571:339 Fropic Isks 0.00 fL~ No Second Driveway @ $4.83 per iL~ $0.00 ~846-e~9-01~0 0.00 fL: No Extras ~ $0.00 per fL: $0.00 /-lB 0.00 fl.2 No Extrns ~ $0.00 per fi*2 $0.0~ $1,63~ 04 ran Goldrtelm et u~ 70.23 fL Crab, GuUer, and Pavement- Front ~ $9.75 per ff $684.7, tl,~O.4zoresDr. 0.00 fL Curb, GUUcr, and pavcmem - Side (~ $4.88 per it. = SO.0~ ~orputChrfzti, TX78418 23932 fL~ 4 fL Wide Sidewalk - Front (~ $1.00 per fL: = $2393: ~ Azore~ Dr. 0.00 fL: 4 fL Wide Sidewalk - Side (~ $0.50 per it.: ~ $0.0~ '°t IZ, Block 9 144.40 fLa 1 - 10.4 fi* Wide Driveway (~ $4.83 per fi*: ~ $697.4~ ['roplc ldo 0.00 fL: No S~o~d I~ivcway @ $4.83 per fi*~ = $0.04 48,~-0009-0120 0.00 fL~ No Extras ~ $0.00 per fi*~ ~ SO.0~ R-lB 0.00 fL~ No Extras (~ SO.00 per fi*~ = ~0.0~ $1,62131 05 ~cott D. Stover, et act 70.23 fL Curb, Outtcr, and Pavcre~nt- Front ~ $9.75 per fi* = $684.7, 3136 Azor~ Dr. 0.00 fL Curb, Gutler, and Pavement - Side ~ $4.88 per fi* = SO.O( Cortno Christi, TX 78418 209.72 fl.~ 4 fL Wide Sidewalk - Fton~ (~ $1.00 per fi*: = $209.7'. 3136 Azores Dr. 0.00 fL~ 4 fL Wide Sidewalk * Side ~ $9.50 per fi*a = SO.O( Lo¢ll, Btock9 IfL~ 1-17.Sit. Wide Driveway @ $4.8~pertt.~ = Tropic Isles 0.00 fi. No Sccofld Driveway @ $4.83 per it.~ 8846-00~9-0110 0.00 fi*~ No Extras ~ 50.00 per fLa __ $0.0( R-I~ 0.00 fi*: No Extras ~ $0.00 per fi*a = $0.0( 06 Jerry R. Carky, et ur 70.23 fL Cufo, Gutter, md Pavcn-,cnt, Front ~ $9.75 per fL = $684.7~ $142 ~zores Dr. 0.00 fL Crab, OuUcr, and pavement - Side (~ $4.88 per fi* = Corp~Chr~tl, TX 78418 214.52 fi.: 4 fL Wide $idewalk - Front (~ 51.00 per ft.~ = $214.5; 3142 Azor~ Dr. 0.00 fLa 4 fL Wide Sidewalk- Side ~ SO.50 per iLa ~ $0.0( Lot I0, Block 9 212.60 it.a I - 16.6 iL Wide Driveway @ $4.83 per iLa = 51,026.8¢ Tropic Ide~ 0.00 it? No Second Driveway ~ $4.83 p~r ft.~ = $0.0( 8846-0~9.0100 0.00iLa NoExtras @ $0.00perfL~ = SO.O( R-lB 0.00~a No ~xtras (~ $0.00 per ·z = $0.0( 07 lhoteefor the l, Yflllarn~on Family 70.23 fi* Cmo, Gutter, and Pavement - Front ~ $9.75 per ~ = $684.74 Trua. t 0.00 it. Cmo, Gutter, aad Pavement - Side @ $4.88 per it. = S0.IX cio Mildred B. P/llllar~on 20532 fLa 4 iL Wide Sidewalk - Front (~ $1.00 per fi*: = $205.3~ lO$$LeGreenSt. 0.00 fLa 4 iL Wide Sidewalk- Side (~ SO.5t) per iL~ = S0.IX Hototon, TX 77009-4407 237.90 it.: l - 18.9 it. Wide Driveway ~ $4.83 per iL~ = $1,149.0( ~146 Azore~ Dr. 0.00 fL~ No Sac, ond Driveway ~ $4.83 per iL~ = S0.IX Lot 9, Block 9 0.00 iL~ No l~lta~ (~ $0.00 per iLa = SO.IX rroidcisles 0.00 fLa NoExtras @ S0.00 periL~ = R-lB EXHIBIT "B" Preliminary Asse~ment Roll -Azores & Cattay Revised Jul ~ 18 ~ltouston,O$$ Le ~en ~. 0.00 fl. ~, ~r, ~ P~C~ - SJ~ ~ ~,88 ~r ~ ~ ~.~ ~ 7~407 280.~ ~.z 4fl. W~Si~k-F~ ~ $1.~ ~r~Z = ~.~ ~ ~ Dr. 0.~ R? 4 · Wi~ Si~w~k - Si~ ~ $0.50 ~r fl.Z = ~.~ LotS, ~k 9 0.~R? NO ~eway ~ ~.83 ~ ~.~ = ~.~ T~ Isks 0.~ ~.~ No ~ ~vew~ ~ ~.~ ~r ~? = ~80 0.~ ~? No ~ ~ ~.~ ~r ~ = ~.~ R-lB 0,~? No~v~ ~ $0.~ ~r fl? = ~.~ 32~ ~s ~. O.~fl. ~, ~Rer, ~ P~e~ - Si~ ~ ~.88 ~r fl. - $0.~ C~Chr~t~. ~ 784/8 198.~ ~? 4 ~ Wi~ S~k-F~ ~ $1.~ ~rfl? = $198.~ 3~ ~ Dr. 0.~ ~? 4 ~. Wi~ S~lk - Si~ ~ ~.50 ~r ~z = ~.~ LofT, ~k 9 255.50 ·3 1-20.5 · W~ ~vew~ ~ ~.83 ~r~z = $1~.0~ T~c ~ 0.~ ~ No ~ ~ ~ ~.83 ~r ~2 = ~.~ ~6 0.~ fi? No ~ ~ $0.~ ~r ~ - ~.~ R-lB 0,~ ~.~ No ~ ~ ~.~ ~r ~ = ~.~ $~ I 17.7~ l0 John Cloth, ~ ~ 70.~ ~. Cu~, ~r, md P~e~nt- From ~ $9.75 ~r ~. ~ 32/4~. 0.~. Cu~, ~Uer, ~ P~cmcnt - Si~ ~ ~.88 ~ · = ~.~ C~C~i,~?8418 212.~ ~? 4 · Wt~ S~k- From ~ $1.~ ~r ~? ~ 3214 ~ Dr. 0.~ ~? 4 · Wi~ Si~dk - Si~ ~ ~.50 ~ ~? = ~t 6, ~k 9 217.~ ~? I - 17 ~ Wi~ ~vcway ~ ~.83 ~r ~.~ ~ $1,~8.11 T~c ld~ 0.~ ~ No ~o~ ~ivcw~ ~ ~.83 ~r ~? = ~.~ ~0 0.~ ~: No ~ ~ $0.~ ~r fl? ~ $0.~ R-lB 0.~ fl? No ~ ~ $0.~ ~r fl? = ~.~ I! ~ob~Fr~i~,~r, ef~ 70.~t C~, ~, ~ P~ - From ~ $9.75 ~r ~ ~ ~.74 32~0 Azo~ ~. 0.~ · Cu~, ~er, ~d P~ement - Si~ ~ ~.88 ~ fl. ~ $0.~ ~C~78~8 218.52 ~~ 4 · Wi~ S~k - F~flt ~ $1.~ ~2 ~ ~ Dr, 0.~ ~ 4 ~ Wi~ S~k - Si~ ~ $0.50 ~ ~2 = ~t ~ ~k 9 201.~ R.~ I - 15.6 ~. Wi~ ~vew~ ~ ~.83 ~r fl? = [ropie ~1~ 0.~ ~ No ~fld ~v~ay ~ ~.g3 ~ ~? ~ ~.~ ~ 0.~ ~? No ~ ~ S0.~ ~ ~ = ~.~ ~-IB 0.~ R.~ No ~ ~ $0.~ ~r ~ = ~.~ S1~76~ 12 ~f~ Hi]Ii~ ~t ~ 70.~ R. Cu~, ~, ~d Pav~ - F~nt ~ $9.75 ~r fl. = $684.74 ~26~zo~. 0.~ ~. Cu~,~,~dP~e~m-Si~ ~ ~.88 ~rfl. ~.~ 7o~, ~ 78418 215.72 ~? 4~Wi~ Sidewalk-F~t ~ $1.~ ~r~~ ~226 ~ Dr. O.~? 4 · Wi~ Side~k- Si~ ~ $0.50 ~ ~~ ~ ~.~ ~t~ Bilk 9 2~.30 fi? I - 16.3 fi. Wide ~ew~ ~ ~.83 ~r ·~ = $1,010.~ F~ bl~ 0.~ ~.~ No S~d ~veway ~ ~.83 ~r ~ = ~.~ ~ 0.~ R? No Ex~ ~ $0.~ ~r fl.~ $0.~ ~-IB 0.~ fl? No ~ ~ $0.~ ~r ~2 ~.~ $1~11~ 13 ~Varg~ 78.73 K ~, ~r, ~d P~e~t - Front ~ $9.75 ~t ~. ~ $767.62 ~32 ~o~s Dr. 0.~ · C~, ~r, ~d P~e~t - Si~ ~ ~.88 ~r fi. = $0.~ ~C~ ~ 784/8 249.32 K~ 4 KWi&S~w~k-Fmnt ~ $1.~ ~rK~ $249~2 ~2 ~ Dr. 0.~ ~ 4 K Wi& Si~ - Si& ~ ~.50 ~r K~ ~.~ F~pic ~ 0.~ · No S~nd ~vew~ ~ ~.8~ ~r ~ = ~-IB 0.~ ~a No ~ ~ $0.~ ~r K~ = 14 r~L.F~.,et~ 39.27 ~ C~, ~, ~d Pave~ - F~t ~ $9.75 ~r K = ~24~ Jzores ~. 0.~ ~. ~, ~, ~d P~e~ - Si~ ~ ~.8g ~r ~. $0.~ ~C~,,~78418 67.0~ R.~ 4 K Wi~ Si~ - F~ ~ $1.~ ~r Ka $67,08 ~2 ~ Dr. 0.~ ~.~ 4 K Wi~ SidcwMk- Si~ ~ $0.50 ~r ~ = $0.~ ~t 2, ~k 9 0.00 fl? 1 - ~.5 · Wide ~ww~ ~ ~.83 ~t ~? $0.~ FroZe ~1~ 0.~ fl? No ~ Dfivew~ ~ $4.83 ~r R? ~,~ ~9~0~ 0.~ K~ No E~ ~ $0.~ ~r K~ $0.~ ~-IB 0.~ ~? No E~ ~ $0.~ ~r~~ $0.~ Page 2 Preliminar~ Assmment Roll -Azores & Ca~ay ~242~. 0.~ff C~. ~ff~, ~ P~- Si~ ~ ~.~ ~ ~.~ fr~l~ 0.~fl. No ~ ~ ~ ~.~ ~fl? = ~.~ ~ 0,~ ~ No~ ~ ~.~? ~ R-lB 0.~fl? No~ ~ ~.~ ~ ~? ~ $0.~ End ~s ~.- No~t Si~ ~gin ~ ~. - ~ S~ ~24]~. 0.~ C~, ~, ~ P~- Si~ ~ ~,88 ~, ~ $0.~ F~ O.~fl. ~ ~ ~ay ~ ~.8~ ~fl.2 R-lB 0.~fl.2 No~ ~ $0.~ ~ fl.2 ~ ~.~ 17 ~ ~cMe, et ~ 39.34 ff C~, ~cr, ~d P~e~t- Front ~ $9.75 ~r fl. ~ ~.5~ ~237~s~. 0.~ C~, ~r, ~d P~e~t- Si~ ~ M.~ = $0.~ ~o~C~,~78418 ~.~ 4 ~ Wi~ Si~k- Front ~ $1.~ ~? ~ ~ ~ Dr 0.~~ 4 · Wi~ S~- Si~ ~ $0.50 ~ ~? = ~.~ T~ I~ 0.~ ff No ~ ~cw~ ~ M.~ ~ fl? ~ ~.~ ~310 0.~ ~ No ~ ~ S0.~ ~ ~? = ~.~ R-lB 0.~ffa No~ ~ $0.~ ~ ~? = ~.~ 18 ~ Engl~ et ~ 77.~ · C~, ~r, ~d P~c~m * From ~ $9.75 ~ · = $759.43 ~231 ~s ~. 0.~ ff C~, ~r, ~d P~nt - Si~ ~ ~.88 ~rfi. ~ $0.~ Co~78418 iff: 4 · Wi~ Si~w~k- Front ~ $1.~ ~r fl? ~ / ~1 ~m Dr. 0.~ 4 ~ ~i~ Si~k- Si~ ~ $0.50 ~r ·a = $0.~ R-lB 0.~ ~.a No E~ ~ $0.~ ~r ~.~ = $0.~ 19 JackE~e~et~ 69.39 ~ Cu~, ~, ~d P~c~t- Front ~ $9.75 ~ · = $676.5~ 92-541 ~ 0.~ ~ Cu~, ~r, ~d P~c~m - Si~ ~ ~.88 p~ ~ ~ $0.~ M~Eo, HI~707 212.76 ·a 4 · Wi~ Sidc~k - Front ~ $1.~ ~~ ~ $212.7t ~ ~r~ Dr. 0.~z 4 · Wi~ S~k- Si~ ~ ~.50 ~r ~a = $0.~ ~t ~, ~k 8 208~0 ~? I - 16.2 fi. Wi~ ~v~ay ~ ~.83 ~a = $1,~5.61 Trop~ ~ 0.~ ~? No S~M ~vew~ ~ M.83 ~ ~ = $0.~ ~2~ 0.~ ~a No ~ ~ ~0.~ ~r~z = $0.~ R-lB 0.~ fi.~ No ~ ~ $0.~ ~ = $0.~ S1~94.9: 20 B~.~ ~ 6939 · C~, ~, ~d P~g~ - Front ~ $9.75 ~r · = ~76.5~ :o~C~ ~ 78418 l~a, 4~Wi~Sl~-Fm~ ~ $1.~a = l ~219 ~ Dr. 0.~ 4 ~ W~ S~k- Si~ ~ $0.50 ~r ~a ~Bl~k8 1~.~ ~a 1 - 10~Wi~ ~ M.~ ~ = $676~( ~p~l~ 0.~ ~ No~d~vcway ~ M.83 ~a = $0.~ ~ 0.~ ~? No ~U~ ~ $0.~ ~rffa = ~0.~ ~-IB 0.~ ~? No ~ ~ S0.~ per ~a ~ ~.~ / 21 ~ g. ~r 6939 ~ Cu~, ~r, ~d P~e~t- From ~ $9.75 ~r ~ ~76.55 ~o~C~78418 I~a~ 4 · Wi~ Si~k - From ~ $1.~ ~r ~z / ~213 ~ Dr, 0.~ 4 R. Wi~ Sid~k - Si~ ~ $0.50 ~ fi.a ~ ~, Bilk 8 217.~ ·~ I - 17R. Wi~ ~ $4.83 ~ ~? $1,~8.11 r~c blu 0.00 ~? No ~M ~ew~ ~ ~,~ ~r ·~ $0.~ ~0 0,~~ No~ ~ ~.~ ~ ~-IB 0.~ ~? No ~ ~ ~.~ ~ ~ ~0~ IIIIIIII II Page 3 Preliminiry ~ssessment ~oll -.~ores & Catcsy r2OT~or~Dr. 0.00 R. Curb, ~ttm', ami Pavemem. Sid~ ~ ~.~ ~r ~. = ~.~ 7~C~ ~ 78418 1~.76 ~? 4~W~Sl~-Fmm ~ $1.~rfl. I~ ~ Dr. 0.~ ~2 4 ~. W~ Si~dk - Si& ~ $0,~ ~r fl.2 = ~.~ ~ 0.~ ~.~ ~o Ex~ ~ S0,~ ~r ~ = S0,~ ~-IB O.~ fl.2 No Ex~ ~ $0,~ ~ fl? = ~0,~ ~ ~E.C~a~msa~p 69.39 fl. Cu~, ~U~, ~d Parent- From ~ S9.75 ~r ff = S676.5~ r201 Jzo~s ~. 0.~ fl, Cu~, Gu~, ~d Parent - Si~ ~ ~,88 ~r fl. = $0.~ Y~C~tU, ~ 78418 233.~ fl? 4 · Wi~ Si~k- From ~ $l.~ ~r[~ = ~3.9t ~1 ~ Dr. 0.~ fl.~ 4 · Wi& Si~k - Si~ ~ $0.~ ~r ~a = $0.~ ~t ~ ~k8 149.~ ·~ I - 10.9 ~ Wi~ ~vcway ~ S4.~ ~r fl.2 = $~.0: ~ O.~fl? NO ~ ~veway ~ M.83 ~.t = ~.~ ~ O.~ K2 No~ ~ $0.~ ~.~ = ~.~ ~-IB O.~fl? No~ ~ $0.~ ~r K~ = $0.~ ~ ~r~ P. G~n 6939 fl. ~, ~, md P~t - Fwnt ~ $9.75 ~r ~. = ~76.5~ ~ C~, ~ 78418 2~.~ fl? 4 · Wi~ Si~k - Front ~ $1.~ ~tfl? = $2~.~ ~145 ~m Dr. 0.~ fl.2 4 · Wi~ SJ~k - Si~ ~ ~.50 ~r fl? = ~.~ ~t ~, B~k 8 215.~ ·~ I - 16.9 · Wide ~vcway ~ ~-83 ~r ~2 = $1,~2.8( ~c~ 0.~2 No ~ ~vew~ ~ ~.83 ~r ~2 = ~.~ ~-IB 0.~fl? No~ ~ $0.~ ~r fl.2 ~ $0.~ S1~931 ~ ~C. D~r~m, et ~ 6939 fl. ~, ~, ~d P~em- From ~ $9.75 ~r ~ ~ ~76.5~ ri41 ~ore~ Dr. 0.~ · Cu~, ~, ~d P~ - Si~ ~ ~.88 ~t ~ ~ $0.~ ~141 ~m Dr. 0.~ · 4 · Wi& Sidewflk - Si~ ~ $0.50 ~r ~,B~8 203.80 fl? 1 - 15.8 ~ Wide ~vew~ ~ ~.~ ~r fl? = $9M.3~ r~pic ~ 0.~ fl.2 No ~d ~vcway ~ ~.83 ~r ~ = $0.~ ~ 0.~.a No~ ~ $0.~ ~~ = $0.~ ~-IB 0.~~ No~ ~ $0.~ ~r ~z = $0.~ ~ )l~ B. Pe~ et ye 69.39 ~. ~, ~, ~d P~m - From ~ $9.75 ~r ~ = $676.55 ~135 ~; ~. 0.~ · C~, ~, ~d P~nt - Si& ~ M.88 ~r ~ = ~.~ 7o~C~ ~ 78418 21036 fl.a 4~&Side~k-Fmnt ~ $~.~ ~r~z $210.3( ~1~ ~ Dr. O.~fl.a 4 ff Wi& Sid~flk- Si& ~ $0.50 ~r ·~ = $0.~ ~t~, B~ck8 214.~ ~2 1 - 16.8 · Wi~ ~veway ~ $4.~ ~r ~2 $1,037.48 ~O 0,~2 NO~ ~ $0.~ p~ ~2 $0.~ ~-IB O.~ff? NoEx~ ~ $0,~ per ~~ $0.~ 27 r~Cl~et~ 6939~ C~, ~r, ~d P~nt - Front ~ S9,75 ~r ~ $676.55 ~14~. 0.~ · C~,~,udP~-Si~ ~ ~.~8 ~r~. ~.~ ~C~, ~ 78~18 277.56 ~2 4~Wi~Si~k-Fmnt ~ $1.~rff.2 $277.5~ ~129 ~ Dr. 0.~2 4 · Wi~ Side~k- Si& ~ $0-50 ~r ~2 $0.~ ~t21, ~l~k8 0,~ ~2 No ~ ~ ~.83 ~ fl? $0.~ r~c ~ 0,~ ~ No S~ ~vew~ ~ $4.83 ~r ~2 $0.~ ~!0 0.~ ~a No ~ ~ $0.~ ~r ~a $0.~ ~ ~r~ ~, et~ 69.39 ~ C~, ~, ~dP~m-Fmm ~ $9.75 ~r~ ~76.55 t12$ ~o~ ~. 0.~ ~ ~, ~r, ~d P~nt - Si& ~ ~.88 ~r~ ~.~ ~o~ C~fi, ~ 784]8 ~7,56 ~ 4 ~ Wi~ Si~k - Front ~ $1.~ ~ ~1~ ~r~ Dr. 0.~a 4 · Wi~ Si~w~k- Si~ ~ $0.50 ~r R? $0,~ ~t~, B~k8 1~.~ ~ 1 - 10~ Wi& ~v~ ~ ~.83 ~r~~ $676,20 ~cb~ 0,~2 No ~d ~ ~ ~.83 ~fl? $0.~ ~-IB 0.~ a.2 No ~ ~ $0.~ ~r a? $0.~ Page 4 Preliminary Assessment Roll -Azores & CiteJy ~1.17.4MJ~.)~. 0.00 f~. CUFb,(hRI~*,MJdPAVCtlJ~II~-$iG~ ~ ~.88 ~r~. ~ ~.~ )117 ~ Dr. ~19,~k8 215.~ flJ I - 16.9~W~ivcw~ ~ ~.~ ~fl.~ - $1,~2.8( F~ 0.~ fl? No~ew~ ~ ~,~ ~rfl.~ ~ $0.~ ~iM 0.~ fl? No ~U~ ~ 50.~ ~ fl,~ ~ ~.~ R*IB 0.~fl? No~ ~ $0,~ ~ R.z ~ ~.~ ~05~. 0,~. ~, ~, ~ P~c~nt- Si~ ~ ~.88 ~r · ~ ~.~ ~1~8 212.~ · Fr~ 0.~ fi? No~ ~ ~ ~.83 ~rfl.~ ~ $0.~ ~1~ 0.~ R-lB 0.~ fi.~ No ~ ~ ~.~ ~ ~ ~.~ Co~ C~, ~ 78418 0.~ 317 ~n Dc 27.~2 4 · W~ Si~ = SJ~ ~ ~,S0 ~r ·2 ~ $13.~ ~t 17,~k8 O.~ T~ 0.~ ~2 No~ew~ ~ ~.83 ~rfl.~ ~ $0.~ ~1~0 0.~ ~? NO ~ ~ $0.~ ~r ~? = $0.~ R-lB 0.~ ~ No ~ ~ $0.~ ~r ~z = $0.~ From ~ib~ ~. m C~ 32 ~obL. Fr~ket~ 143.27 fl. C~, ~, ~d Parent - Fm~ tI~Cat~. 0.~. C~, ~fler, ~d P~m - Si~ ~ ~.88 ~r ~. ~ $0.~ ~ ~, ~ 78418 5~.~ ~ 4 ~ Wi~ Si~w~k - Fm~ ~ $1.~ ~r ~ ~ $5~.6[ ~1~ ~t~y ~. 0.~ ~t 21, B~k 5 ~.~ I - 17.6 · W~c ~w~ ~ ~.83 ~ ·~ ~ $1,~9.~ C~ 0.~ ~2 No~d~vcw~ ~ ~.83 ~2 ~ $0.~ ~210 0.~ I-lB 0.~ R? No E~ ~ ~.~ ~r ~ = $0,~ 33 ~ff ~ ~r 65.~ ~ C~, ~, ~d P~c~m- F~t ~ $9.75 ~r ~ = $633.7: ~o~ C~, ~ 784/8 191~0 ~ 4 · ~ Sid~k - Fm~ ~ $1.~ ~ ~ ~ $191~( 1114 ~y ~. 0,~~ 4 · ~ Sid~k- Si~ ~ ~.50 ~r ·~ = $0.~ ~t ~, B~k S 219~0 ~~ I - 17~ ~ Wi~ ~e~ ~ ~.83 ~r ·~ ~ $1,058.7~ ~c~ 0.~ ~2 NoSc~ ~ ~.83 ~fl,2 ~ ~.~ ~ 0.~ fl? No ~ ~ $0,~ ~r ~ ~ ~.~ R-lB 0.~ ~z No ~ ~ $0,~ ~r ~: ~ ~.~ ~C~78418 1~.~z 4 · Wi~ Side~- Fm~ ~ $1.~ ~r ·: ~ $1~.~ 1114 ~y ~. 0.~z 4 ~ Wi~ Si~- Si~ ~ ~,50 ~ ~: = ~.~ q~ ~ 19~ Bilk 5 0,~,~ No ~ew~ ~ ~,~ ~ ~ ~.~ r~ 0.~ ~? No~d~ivcw~ ~ 54,83 ~ ~ ~.~ ~ 0.~ fl? No E~ ~ ~,~ ~ ~z ~ $0.~ R*IB 0.~ ~? No ~ ~ ~,~ ~ ~z = ~0.~ ~.~ 35 ~dL. ~r~, et ~ 25.~ ~, Cu~, ~r, ~d P~c~nt * Front ~ 59.75 ~r ~ ~ $~3.7~ ~ti,~78~18 32.~ ~? 4 · Wi~ Si~k- F~ ~ S1,~ ~~ = ~2.~ ~1~ ~y ~. 0,~ ~? 4 · Wi~ Si~ - Si~ ~ $0.50 ~r ~z = $0,~ ~ ~t 19, ~k5 217,~ ·: I * ]7 ~.Wi~ ~ ~.~ ~r ·: ~ $1,~8.11 r~pk M~ 0,~ ~ No S~nd ~cw~ ~ ~,83 ~r ~ ~ $0,~ ~1~ 0.~ ~: No ~ ~ ~.~ ~ ~: ~ $0,~ R-lB 0.~ ~z No ~ ~ ~,~ ~r ~ ~ ~0.~ Page S Preliminar~ Assessment Roll - Azores & CatrJy Revised Ju U22 ¢otcay Dr. 0.00 ft. C'urb, Gnttcr, and Pavement - Side (~ $4.88 per IL $0.0~ ~orpmCkristi, TX78418 200.00 IL~ 4 K Wide Sidewalk - Front (~ $1,00 per fl? $200.0~ 112~ Catcay I)r. 0.00 ft? 4 IL Wide Sidewalk - Side (~ $0.50 per IL= L,ot 18, Block S 0.00 IL: NO Driveway (~ $4.83 per IL~ $0.0~ £roplc IsJes 0.00 fl? No Second Driveway ~ $4.83 per IL2 $0,0~ 1846-0005-01~0 0.00 ii? No Extr~ @ $0.00 per IL~ R-lB 0.00 fl? No Extras @ $0.00 per ILz .~0.0~ $687.~ 37 ranee & F~mce Lt~ 50.00 ii. Curb, Gutter, md Pavement - F~ont ~ S9.75 per ii. rSJ~SCaminodePlata 0.00 IL Curb, Gu~r, and Pavement - Side ~ $4.88 periL S0.0~ ~orpusCkrL~,TX78418 136.80 IL2 4 I~ Wide Sidewalk - Front (~ $1,00 per IL2 $1~6.8C tl2~ Cateay I)r. 0.00 ii.z 4 IL Wid~ Sidewalk - Side (~ $0.50 per ILa $0.0~ ~olt 17, Block 5 203.~0 ft? 1 - 15.8 it. Wide Driveway ~ $4.83 pet IL2 $984~35 1346-0~05-0170 0.00 IL~ No Extras ~ $0.00 per IL~ R-lB 0.00 ft? No Extras ~ $0.00 per it? $1,608.6~ 38 Yco~ee & Fw~ce Lt~ 25.00 IL Curb, Gutter, and Pavement - Front ~ 59.75 per IL 5243.75 U.~I8 Camaro de P/a~a 0.00 ft. Cud,, Gutter, and Pavement - Side @ $4.88 per IL $0.00 3orpmC'gw~O, TX 784/8 100.00 IL~ 4IL Wid~ Sidewalk- From ~ $1.00 periL2 $100.0~ ;126 Catcay Dr. 0.00 IL2 4 IL Wide Sidewalk- Side O $0.50 per IL2 $0.0~ ~ Lot 16, Block 5 0.00 IL~ No Driveway O $4.83 per IL~ $0.00 fropie IMe~ 0.00 IL~ No Second Driveway O $4-83 perIL~ ~K~0005-0170 0.00 IL~ No Extras O 50.00 per ft? $0.00 R-lB 0.00 IL~ No ExlFas (~ $0.00 per IL~ $0.00 ;~ Vlrglnta H-,lacobson 25~00 ft. Curb, Gutter, and Pavement - Front ~ $9.75 per ft. $243.75 ~154 Catcay Dr. 0.00 ft. Crab, Gutter, and Pavement - Side ~ $4.88 per IL $0.00 ~or~usCh,-i.~lt, TX 78418 32.00 ILa 4 1~ Wide Sidewalk-Front ~ 51.00 perIL2 532.00 H34 Catcay Dr. 0.00 ILz 4 IL Wide Sidewalk- Side ~ $0.50 per IL~ 50.00 ~2 Lot 16, Block 5 217.00 IL~ I - 17 IL Wide Driveway O $4.83 PerIL~ 51,048.11 fropl¢ Isle~ 0.00 IL~ No Second Dl~vewny ~ $4.83 per ILt 50.00 ~16-0005-015~ 0.00 IL2 No Extra~ ~ $0.00 per ILt $0.00 ft-lB 0.00 IL~ No Extr~ ~ $0.00 per IL~ $0.00 40 Virginia H../ocobson 50.00 IL Curb, Gutter, and Pavement - Front ~ $9.75 per ft. $487.54 ~15,1 Catcay Dr. 0.00 IL Cut'o, Gutter, and Pavement - Side ~ $4.88 per IL $0.00 ~orpu~ Christi, TX 78418 200.00 ft? 4 ft. Wide Sidewalk - Front @ $1.00 per IL ~ $200.00 H34 Catcay Dr. 0.00 IL~ 4 IL Wide Sidewalk - Side (~ $0.50 per IL~ $0.00 Lot IS, Block5 0.00 ft? NoDriveway @ $4.83 perIL~ $0.00 ~846-0005-O150 0.00 IL~ No Extrns ~ $0,00 per ILt$00C~. R-lB 0.00 IL~ No Ex, as ~ $0.00 per IL2 $0.00 $687.50 41 drm Taylor 50.00 iL Curb, Gutter, and Pavement- Front ~ 59.75 perIL $487.50 7810 Et/en~e Dr. 0.00 ~L Curb, Gutte~, and pavement - Side ~ $4.88 per tL $0.00 Uorpus Chrl~d, TX 78,114-6006 132.40 IL2 4 IL Wide Sidewalk- Front ~ $1.00 per IL~ $132.4~ ~138 Cateay Dr. 0.00 ILa 4 IL Wide Sidewalk- Side ~ $0.$0 per ILz $0.04 Lot 14, Bloelt 5 215.90 ILa 1 - 16.9 IL Wide Driveway @ $4.83 pex IL: $1,042.8~ l'ropJe Isle~ 0.00 ILz No Second Driveway ~ $4.83 per IL~ $0.0~ ~46-00005~140 0,00 IL~ No Ext~ns @ $0.00 per IL~ $0.04 R-lB 0.00 IL~ No F-XtrdS @ 50.00 per IL~ $0.0~ $1+662.70 42 drm Toy/or 25.00 iL Crab, Gutter, and Pavement - Front ~ $9.75 per IL $243.75 7810 Et/erme Dr~ 0.00 IL Crab, Gutter, and Pavement- Side (~ $4.88 per IL ~. $0.00 Cor~x~Ch~l, TX 78~/~-6006 100.00 tL~ 4t~ Wide $id~valk-F~ont @ $1.00pertL~ $100.00 ~138 Cateay Dr. 0.00 IL2 4 IL Wide Sidewalk - Side O $0.50 per IL~ $0.00 N/2 Lo~ 13, Block 5 0.00 IL~ No Driveway O $4-83 PerIL~ $0.0~ frople Isles 0.00 ft? No Second Driveway ~ $4.83 per IL~ $0.04 8846-0005-0140 0.00 ~? No Ex, as @ $0.00 per IL~ $0.04 R-lB 0.00 IL~ No Extras ~ $0.00 per ~L~ $0.0~ Page 6 Preliminat~ Assessment Roll - Azores Revind Jul ~,~7~41~ 29.~ff~ 4 · Wi~ Si~w~- F~ ~ $1.~ ~r ~2 S~.~ II~ Cattay Dr. 0.~fl.~ 4 · Wit Sitwalk- Sit ~ ~.~ ~r ~.2 ~.~ ~ ~ I~, ~k 5 ~3.~ ~? I - 17.6 fl. W~ ~cway ~ ~.~ ~r ~? $1,0~.~ r~c ~ 0.~ R? No ~ ~vew~ ~ ~.~ ~r ~? ~,~ ~-IB 0.~ ~? No ~t~ ~ $0.~ ~ fi* ~.~ ~ ~L.~r 50.~ ~. C~, ~r, ~ P~- F~ ~ S9.75 ~ R. ~7.54 114~C~. 0.~ ff C~,~r,~v~-3~ ~ ~.88 ~. $0.~ ?~C~, ~ 78418 2~.~ ~: 4~wi~si~w~k-Fmm ~ $1.~r~? $2~.~ ~ I~ ~k5 0.~fl? No ~ew~ ~ ~.83 ~z ~.~ F~ 0.~~ No ~ ~ve~ ~ ~.~ ~ ~.~ ~!20 0.~ ~ No ~ ~ ~.~ ~r I-lB 0.~* No~ ~ ~.~ ~r ~ 45 ?al~Hamilt~et~ 50.~ ~. ~, ~, ~d Pave~- F~t ~ ~9.75 ~r ~ ~.5~ ~20~ Ca~ ~. 0.~ fl. Cu~, ~, ~d P~e~- Si~ ~ ~.~ ~ · S0.~ ~C~, ~ 78418 131.~ ~* 4~Wi~Si~k-F~ ~ Sl.~r~~ $131.~ t~ Catchy Dr. 0.~~ 4 ~ W~ Si~Mk- Si~ ~ ~.~ ~r ~~ ~.~ ~t II, S~k5 218.10 ~* I - 17.1 · Wi~ ~ ~ ~.~ ~r~.~ $1,053.4: f~c~ 0.~~ No ~nd ~vew~ ~ ~.~ ~r ~* ~.~ ~110 0.~ ~ No ~ ~ ~.~ ~r ~ ~.~ l-lB 0.~ ~ No E~ ~ ~0.~ ~r ~* ~.~ ~ ?M~Hamilto~et~ 25.~ C~, ~Rer, ~ P~c~m- F~ ~ $9.75 ~r ~ ~3.7: 1202~. 0.~ fl. Cu~,~,~m-Si~ ~ M.88 ~r~ ~.~ ~C~,~78418 I~.~ fl.z 4 · Wi~ Si~w~k- F~ ~ $1.~ ~z $1~.~ I~ Catcay Dr. 0.~2 4 · Wi& Si~k- Si& ~ $0.~ ~2 ~.~ f~ ~ 0.~ ~ No S~M ~vcw~ ~ M.~ ~ fl? $0.~ ~11~ 0.~~ NoEx~ ~ ~-~ ~ ff~ $0.~ R-lB 0.~ fi2 No Ex~ ~ ~.~ ~r fl? ~.~ ~.7~ 47 ~. T~l~ 25.~ · C~,~,~dP~e~nt-Fmnt ~ $9.75 ~r~ $~3.7~ Z810 ~ ~. 0.~ ~ C~, ~, ~ P~t - Si~ ~ ~.~ ~r fl. ~.~ ~o~ C~tL ~ 78414 35~0 ~ 4 ~ Wi~ Si~- Front ~ $1.~ ~r ffz ~5~4 ~210 ~y Dr. 0.~~ 4 ~ Wi~ Si~- Si~ ~ ~.50 ~r ~* ~.~ ~ ~ lO, BI,k5 2~Ok2 I - 16.2 ~. Wi~ ~ ~ ~.83 ~r ~? $1,~5.6~ f~ h~ 0.~ ~ No S~ond ~vcww ~ ~.~ ~r ~ $0.~ ~ 0.~ ~.~ No ~U~ ~ $0.~ ~r ~? ~.~ R-I~ 0.~ fl? No ~ ~ $0.~ ~r ff~ $O.~ $1~ 48 F~ ~. T~ 50.~ ~. Cu~, ~, ~d P~e~- Front ~ $9.75 ~r ff ~87.5~ 7810 ~ ~. 0.~ · ~, ~, ~d P~e~- Si~ ~ M.88 ~ ~C~7~14 2~.~~ 4 ~ Wi~ Si~k- Front ~ $1.~ ~~ $2~.~ ~21~ ~t~y Or. 0.~ ~a 4 ~ Wi~ Si~ - Si~ ~ $0.50 ~r ~,~k5 0.~ ~ No~ ~ M.83 ~r~~ ~.~ Fm~ 0.~ ~ NoS~M~vew~ ~ ~.~3 ~r~ ~ 0.~ ~ No ~ ~ ~.~ ~r ~a $0.~ R-I~ 0.~ ~ No ~ ~ $0.~ ~ 49 ~ ~ Oer~ et ~ 50.~ ~ C~, ~, ~d P~m - From ~ $9.75 ~ ff ~7.54 ~214C~. 0.~ ~, ~, ~ P~nt- Si& ~ ~.8~ ~r fl. ~.~ ~C~,~78418 136.40 fl? 4 · W~ Si~-Fmm ~ $1.~ ~r ·a $136.4~ ~214 ~t~y DL 0.~ ~ 4 ~ Wl~ Side~- Si& ~ $0.50 ~r fl? $0.~ ~t ~ ~k5 2~.~ fl? 1 - 15.9 ~. wi~ew~ ~ ~.83 per fl? $9~.6' fm~ ~ 0.~ fl.~ No ~nd ~ ~ $4.83 ~r ~: $0.~ ~0~ 0.~ ~ No ~ ~ $0.~ ~r fl? $0.~ R-lB 0.~fl? No~ ~ $0.~ ~ff~ ~.~ 11~113' Page 7 PreJiminsry Assessment Roil - Azores & Cstciy Revbef Jul ~21~CatcayDr. 0.00ff Cmb, Cml~r, mdPavemcm-$ide ~ $4.88 peril ~orp~Chrl~t~ IX 78418 136.00 fl? 4 11. Wide Sidewalk- From @ $1.00 peril? $136.00 ~218 Catcay Dr. 0.00 117 4 11. Wide Sidewalk - Side @ $0.50 per 1t.2 $0.01 L,ot 7, ~loek S 206.00 fl? I - 16 ff Wide Driveway @ $4.83 per fl? $994.91 rrol~e Isles 0.00 It2 No Second Driveway @ $4.83 per fi-~ -- 1s4(~ee*~o~o 0.00 ~t.~ No Extras @ $0.00 per ~? $0.O I-lB 0.00 11.2 No Exlr~ @ $0.00 per fi-z $0.00 $1,618.4~ SI tlm~rdD. P,a.sh, etux 50.001t. Curb, Gutter, and Pavement - Front @ $9.75 per ff $487.$~ ~222 Calcay Dr. 0.00 fi- Cmo, Gutter, and Pavement - Side @ $4.88 per It. $0.(~ ?orpt~¢hr~ti. TX 78418 136.40tt,2 4 fi-WideSidewnlk-Fmm @ $1.00 per fi-z = $136.4~ 122~r Calcay I)r. 0.00 11.2 4 ft. Wide Sidewalk - Side @ $0.50 p~ fl? L,ot 6, Bloek 5 204.90 fi-2 I - 15.9 fl. Wide Driveway @ $4.83 per fl? ~ $989.6' frolde Isles 0.00 fi-2 No Second Driveway @ $4.83 per ft.2 1546.0~05-60(~ 0.00 1t.2 No Ext~s @ $0.00 per fi-2 -- $0.01 R-lB 0.00 1t.2 No Extras @ $0.00 per fi-~ $1,613.5~ S2 ~e~7. Ce~m~ 50.00 ft. Cmo, Gutter, and Pavement- Front @ $9.75 per 11. ~ $487.5~ ~226 Catcay Dr. 0.00 fi- Cmo, Gutter, and Pavement - Side @ $4.88 per 11. $0.01 2orpu~Chr~#,TX78418 133.20 fi-~ 4 fi- Wide Sidewalk - Front @ $1.00 per fi-2 $133.21 122~ Catcay Dr. 0.00 fi-a 4 fi- Wide Sidewalk- Side @ $0.$0 per fl? 50.0~ Lot $, BIo~k 5 213.7011.2 i - 16.7 fi- Wide Drivcway @ $4.83 per fi-2 = $1,032.1' fropi~ Isles 0.00 tt? No Second Driveway @ $4.83 per 11.2 $0.04 1846-00~5-005~ 0.00 t[2 No Extras @ $0.00 per ~.2 $0.0t R-lB 0.00 fl? No Extras @ $0.00 per 117 - $0.01 S3 ~ob~ J.. Ob,/a 25.00 11. Crab, GuR~r, and Pavement - From @ $9.75 per fi. = $243.7: 1226 Catcay Dr. 0.00 fL Curb, Gullet, end Pavement - Side @ $4.88 per fi- 2orl~tsChr~gTX78418 100.00 tt? 4 fi- Wide Sidewalk - Front @ $1.00 per fi-2 = $100.0t t226 Clte~y Ur. 0.00 ft? 4 fi- Wide Sidewalk - Side @ $0.50 I~r fi-2 W2 Lol 4, Blotk S 0.001t.2 No Driveway @ $4.83 per fl? ~ $0.0~ F~C ~ 0.~ ~2 No ~nd D~cway @ ~.~ ~ fi-~ = $0.~ ~ 0.~ ~2 No Ex~ @ $0.~ ~ ~2 ~ $0.~ R-lB 0.~ fi-2 No Ex~ @ $0.~ ~ fi-2 ~ $0.~ S4 ~arkL Carrola 25.00 fi. Curb, Guaer, and Pavement - Front @ $9.75 peril- = $243.7! 1318/ndhanHtll~Dr. 0.00 fi- Curb, Guaer, a~ad Pavement - Side @ $4.88 per ff -- ~an~ntonio, IX 78223 100.00 fl? 4~WideSidcwalk-Fmnt @ $1.00 perft.2 = $100.01 !Z34 Cnt~ay Dr. 0.00 fi-2 4 ~ Wid~ Sidewalk - Side @ $0.50 per fi-2 = $0.0( 6/2 Lot 4, BIo*k 5 0.00tt.2 No Driveway @ $4.83 pe~ fi-2 ~ $0.01 troplelsle~ 0.00 fi-2 No Second Driveway @ $4.83 peril? = $0.01 ~846-0005-00~ 0.00 fi-2 No Extras @ $0.00 per fi-2 R-lB 0.00 fi-* No Em @ $0.00 per fi-1 = ~0.01 ~43.95 55 ~tarkLCarrola 73.16 fi- Curb, Gutter, and Pavement - Front @ S9.75 per fi- = $713.31 g$I81ndlanH~ll~Dr. 0.00 fi- Curb, Gutter, aad Pavement - Side @ $4.88 per fl. = gan,~ntonlo, IX 78225 217.04 fi-2 4 fi- Wide Sidewalk- Front @ SLO0 per fi-2 = $217.0, ~ Cate. ay l)r. 0.00 fl? 4 fi- Wide Sidewalk - Side @ $0.50 per fi2 = $0.01 Lot 3, BI@dr 5 01.~ ~: , - 18.9 fc Wide Driveway @ $4.83 per ~2 i'ropl¢ f~le~ . No Se~ond Driveway @ $4.83 per fl.~ 6846-00~5-00~ 0.00 fi-2 No Em @ $0.00 per ti? -- $0.01 R-I~ 0.00 fl? No Extras @ $0.00 per fl.~ -- $0.01 56 Lo~L* Mahone 39.27 fi. Curb, Gutter, ~d Pavement - Front @ $9.75 per 11. = $382.8~ 3258 Cateay Dr. 0.00 fi. Curb, Gutter, and Pavement - Side @ $4.88 peril- $0.01 Corlx~ ChrL~tl, IX 78418 86.28 fi-* 4 fi- Wide Sidewalk - Front @ $1.00 per fl.2 = $86.2~ 3238 Catcay Dr. 0.00 fi-~ 4 fL Wide Sidewalk - Side @ $0.50 per fl.~ $0.0( Tro~c Isles 0.00 fi. No ~nd Driveway (~ $4,83 ~r ff2 = ~ 0.~ fi-~ No ~ @ $0.~ ~ fi-: = $0.~ R-lB 0.~ fi-a No £~ @ $0.~ ~: = $0.~ 1 Page 8 Preliminary Assessment Roll - Azores & Catcay Revised July 18 2002 57 taroM L Shore~, Jr. ~242 Catcay Dr. Corpus Christi, TX 78418 3242 Catcay Dr. Lot !, Block S Tropic Isles 8846-0005-0010 R-lB 0.00 fl? No Extras End Catcay Dr. - Northwest Side Begin Cab:ay Dr. - Southeast Side From Cul<lc~Sac to Caribbean Dr. 58 ~iehael£.Wallett, etu~ 39.27 ft. Cuth, Gutter, and Pavement - Front ~ $9.75 per ft. = $382.81 1241Catcay Dr. 0.00 ft. Crab, Gufter, ~d Pavement - Side ~ $4.88 per R. = $0.0( 7orpus Christi, TX 78418 93.48 ft? 4 l~ Wide Sidewalk - Front ~ $1.00 per ft.2 $93.4~ ~241 Cateay Dr. 0.00 ft? 4 ft. Wide Sidewalk - Side ~ $0.50 per ft? = $0.0( ~ot 45, Block 4 ~ 1 - 15.9 ft. Wide Driveway ~ $4.83 per ft? [¥opi¢ Isles 0.00 ft. No Second Driveway ~ $4.83 per R? = $0.0( ~846-0004-0450 0.00 ft? No Extras ~ $0.00 per i~? = $0.0( ~-IB 0.00 ft? No Extras ~ $0.00 per ft? = $0.0( 59 Illen G. Peters, et ux 39.27 ft. Curb, Gutter, and Pavement - Front ~ $9.75 per ft. = $382.81 1237 Catcay Dr. 0.00 ft. Cuth, Gutter, and Pavement - Side ~ $4.88 per ft. = $0.0( ~orpus Christi, TX 78418 78.28 ft? 4 ft. Wide Sidewalk - Front ~ $l.00 per ft. ~237 Cateay Dr. 0.00 ft? 4 ft. Wide Sidewalk - Side ~ $0.50 per ft.2 = $0.0( ~ot 44, ~lock 4 ~t~?~ 1 - 19.7 ~. Wide Driveway ~ $4.83 per ft? ~rople Isles 0.00 ft. No Second Driveway ~ $4.83 per ft.~ $0.0( ~846-0004.0440 0.00 ft? No Extras ~ $0.00 per R.~ $0.0( ~.-1B 0.00 ft? No Extras ~ $0.00 per ft? $0.0( 60 I.D. Bates 59.06 ~ Curb, Gutter, and Pavement - Front ~ $9.75 per ft. $575.8~ I233 Catcay Dr. 0.00 ft. Cuth, Guaer, and Pavement - Side ~ $4.88 per ft. $0.0( ~orpus Christi, TX 78418 141.84 ft? 4 ~. Wide Sidewalk - Front ® $1.00 per ft? $141.8~ ~233 Catcay Dr. 0.00 ft? 4 ft. Wide Sidewalk - Side ~ $0.50 per ft.~ $0.0( ~ot 43, Block 4 ~ 1 - 23.6 ft. Wide Driveway ~ $4.83 per ft? I¥opiclal~s 0.00 ft. No Second Driveway ~ $4.83 perft? $0.0( ~846-0004-0430 0.00 ft? No Extras ~ $0.00 per ft.~ = $0.0( ~.-1B 0.00 ft? No Extras ~ $0.00 per ft.~ $0.0( 61 ~hyllisEFrancone 50.00 ft. Curb, Guaer, and Pavement - Front ~ $9.75 per ft. = $487.5{ t229CatcayDr. 0.00 ~. Cuth, Gutter, and Pavement - Side ~ $4.88 per ft. = $0.0( ~orpus Christi, TX 78418 136.00 ~? 4 ft. Wide Sidewalk - Front ~ $1.00 per ft.~ $136.0( ~229 Catcay Dr. 0.00 ft? 4 ft. Wide Sidewalk - Side ~ $0.50 per ft? = $0.0( ~ot 42, Block 4 206.00 ft? 1 - 16 R. Wide Driveway ~ $4.83 per ft? = $994.9~ Fropic Isles 0.00 ft? No Second Driveway (~ $4.83 per t~.z = $0.0( 1846-0004-0420 0.00 ft? No Extras ~ $0.00 per ft? = $0.0( ~-IB 0.00 ft? No Extra~ ~ $0.00 per ft? = $0.0( $1,618.41 62 ~hr~stie £. Lehman 50.00 ft. Curb, Gutter, and Pavement - Front ~ $9.75 per ft. = $487.5( 1225 Catcay Dr. 0.00 ft. Curb, Gutter, and Pavement - Side ~ $4.88 per ft. = $0.0( ~orpu~ Christi, TX 78418 126.00 ft? 4 ft. Wide Sidewalk - Front ~ $1.00 per ft? = $126.0( ~225 Catcay Dr. 0.00 ft.~ 4 ft. Wide Sidewalk - Side ~ $0.50 per ft? = $0.0( ~ot 41, Block4 233.50 f~? 1 - 18.5 f~. Wide Driveway ~ $4.83 per ft? = $1,127.81 Froplc Isles 0.00 f~? No Second Driveway @ $4.83 per ft? = $0.0( 1846-0~04-0410 0.00 f~? No ExWas ~ $0.00 per t~? = $0.0( ~.-1B 0.00 ft.~ No Exa-as ~ $0.00 per ft? = $0.0( $1,741.3~ 63 rarnesEGrego 50.00 ft. Cuth, Guttor, and Pavemem - Front ~ $9.75 per ft. = $487.5( 1221 Catcay Dr. 0.00 ft. Curb, Guaer, and Pavement - Side ~ $4.88 per ft. = $0.0{ ~orpus Christi, TX 78418 127.20 ft.2 4 ft. Wide Sidewalk - Front @ $1.00 per 1~? = $127.21 1221 Catcay Dr. 0.00 ft? 4 ft. Wide Sidewalk - Side ~ $0.50 per ft? = $0.0( Dot 40, Block 4 230.20 ft? 1 - 18.2 R. Wide Driveway ~ $4.83 per ft? = $1,11 LB; Fropic Isles 0.00 ft.~ No Second Driveway ~ $4.83 per ft? = $0.0( 1846-0004.0400 0.00 f~? No Extols ~ $0.00 per l~? = $0.0( ~-IB 0.00 ft.~ No Ex~-as ~ $0.00 per ft? = $0.0( $1,726.5~ Page 9 Preliminary Assessment Roll - Azores & Catciy rglTCatcayDr. 0.00 ft. Crab, Gutter, esd Pavement - Side (~ $4.88 per 0- ~ $0.O( ~o~Cl~r~l~, TX 78418 l~,O0 R? 4 R. WtdeStdewalk-Ftom (~ $1.00 per0-~ -- $160.o( ~217 Catcly Dr. 0.0O I~.2 4 0- Wide Sk[ewalk - Side ~ $0.50 per 1~? -- SO.O( ~ot 39, BJock 4 140.00 fl? I - 10 0- Wide I~ivewny (~ $4.83 per It? = ~676.2( Frol~e ~ 0.00 fi? No Second Driveway @ $4.83 per fi.2 ; $0.O( 184~-~004~39~ 0.00 fl.2 No F. xlras ~ $0.00 per fL~ = $0.0( ~-iB 0.00 fl? No Ex~ras ~ SO.00 per 0-2 ~ ~0.O( 65 ~onG. andTobyt~FuC~ll 50.00 0- Curb, Out,er, md Pavcngra - Frora ~ SO.75 per 0- -- $487.5( ~804Bordeaw:lane 0.00 fl. Curb, G~tter, md Pavemem - Side (~ $4.88 per 0- = $0.O( lwt~ TX 78~$0 136.00 ~ 40- WideSidevadk-Fmm ~ $1.00 per~~ = $136.O( ~213 Catchy Br. 0.00 ft.~ 4 0- Wide Sidewalk - Side ~ $0.50 per 0-: = $0.O( L,ot 38, Block 4 206.00 fl? 1 - 16 0- Wide Driveway ~ $4.8,3 pe~ it? -- $994.9~ Fropl¢ Is~ 0.00 0-~ Noseco,ad Driveway ~ $4.83 p~0-~ = $0.O( R-lB 0.00 0-2 NoExlrns ~ SO.O0 per0-2 -- SO.O( $1,618.4~ 66 lo.veph£.Kr~e~/~,./r.,elu~ 50.00 0- Crab, GMS', nad Pnvcment - Front (~ $9.75 per 0- = $487.5( 1209Catc~D~. 0.00 ~. Crab, Gu~r, and Pavement - Side ~ $4.88 per 0- ~ SO.O( ~o~m~Cht~s#, FX 78418 200.00 0.2 40. Wide S~-wnlk- Front ~ $1.00 per 0-2 = $200.O( 12~ Catcay l)r. 0.00 0-~ 4 0. Wide Sidewalk - Side ~ $0.50 per fl? ~ SO.O( [~ot3?,Bl~k4 0.00 0-~ NoDrivcwsy ~ $4.83 peril? = SO.O( IFro~c Isles 0.00 ft.2 No Secured Driveway ~ $4.83 per 0.~ = SO.O( ~0004-0~60 0.00 0-~ No Exu~ ~ $0.00 per 0-2 ~ SO.O( R-lB 0.00 0-~ No Exlr~ ~ $0.00 per 0-2 = SO.O( 6~ /ose~h~lO'ze~ews~i,./r.,etux 25.00 0- Crab, Gulter, nnd Pavement - Front (~ SO.75 per 0- = $243.7.~ ~209 Ca~c~, ~-. 0.00 0. Curb, Grater, nnd Pnvcmem - Side ~ $4.88 per 0. ~ SO.O( Co~u~Chrisli, YX?84/8 31.600-2 4 0- Wide Sidewalk - Front ~ $1.00 per 0-~ = $31.6( ~209 Ca~-ay I)r. 0.00 fl.2 4 0- Wide S~lewalk - Side ~ SO.50 per fl? -- SO.O( ~25' of Lo~ 36, Block 4 218.10 fl.~ I - 17.1 0- Wide Driveway ~ $4.$3 per 0-~ = $1,053.4~ Frop~c Isles 0.00 ~.2 No Second Dr~eway ~ $4.83 per 0.2 = SO.O( ~46-0004-0~6~ 0.00 0-2 No Ex,'ns (~ $0.00 per 0.~ = SO.O( R-lB 0.00 ~? No l~ras (~ $0.00 per 0.2 = SO.O( $1,~28.7' 68 ~ol~n R and~ecdee/~ Bell 25.00 0- Crab, GuKer, and Pnvcmerd.- Front (~ $9.75 per 0- ~201 Catchy D~ 0.00 0- Crab, Crotn'r, and Pavement - Side ~ $4.88 per fl. = SO.O( Cor~usChr~t~,FX784/8 100.000-2 4 0- Wide Sidewalk - Front (~ $1.00 per fl? ~.201 Catchy Dr. 0.00 0-2 4 0. Wide Sidewalk - Side ~ $0.50 pcr 0.2 ~ SO.O( N25~ofLot~6, Block4 0.00 ~.~ NoDriveway ~ $4.83 peril? = SO.O( ~)plc Isles 0.00 0-2 No Second Driveway ~ $4.83 per fl? = SO.O( M46-0004-0350 0.00 ~ No Ex~s ~ $0.00 perft? = $0.0( R-lB 0.00 fl? No ExUns ~ SO.00 per ft? SO.O( 69 Nol~nR.~a~edee/~Bell 50.000. Cu~o, Gu~er, nnd P~vement - From ~ $9.75 per 0- ~ $487.5( ~201Cat~,D~. 0.000. Curb, Crater, and Pavement - Side (~ $4.88 per 0- = SO.O( Corpus Ch~s~, ~ 784/8 132.00 0.2 4 0. Wide Sidewalk- Front ~ $1.00 per 0.~ = $132.0( 3201 Csteay Dr. 0.00 0-~ 4 0. Wide Sidewslk - Side (~ $0.50 per 0.2 = SO.O( Lo¢35, Bloek4 217.000-2 I - 17 0- Wide Dr|vewny (~ $4.83 per 0-~ = $t,048.1] Tropic Isles 0.00 0-2 No Second Driveway ~ $4.83 per 0.~ = SO.O( 8~.&~004-0350 0.000.2 NoExtr~ ~ $0.00perfl.~ ~ SO.O( R-lB 0.00 0-~ No Extrns @ $0.00 per 0-2 $0.O( ?0 ~o/mu/7~ Br.~u,n~ 50.00 0. Crab, Gutter, m~d Pavement - Front ~ $9.75 per fi. $487.5( ~452 Yor/~ov~ P,~ 0.~0 0. Curb, Out~er, and Pavement- Side ~ ~4.88 per fl. $0.O( ~orpv. v C/~'ts~, TX 784]8 136.00 0.~ 4 0. Wide Sidewalk- Front ~ $1.00 per fl? $136.0( ~145 Cnleay Dr. 0.00 0-~ 4 0. Wide Sidewalk- Side ~ $0.50 per 1~~ $0.O( ~ot ~4, ~loek 4 206.00 0-~ 1 - 16 0- Wide Driveway @ $4.83 per 0-~ $994.9~ FroZe lsle~ 0.00 fl? No Second [hivewny ~ $4,83 per fl? SO.0~ ~16-0004-0~40 0.00 fl.~ No Extras ~ SO,00 per l~? ~-IB 0.00 fi? No Ext~ns ~ $0,00 per it? SO.O( i $1~618,4~ Page 10 Preliminary Asse.Jment Ro# - Azores & Catchy ?1 50. - ; .75 per1 4! 73( //nm~ D. ~etor 10ft. ~,~,~ ~141Cat~. 0.~fl. ~,~,~ ~e~- Si~ ~ ~.SS ~fl. ~ ~.~ }141 Cat~y Dr, 0.~ fl? 4 [ W~ Si~Mk - Si~ ~ ~.50 ~ ~ ~,B~k4 213.70 fl? 1 - 16.7 ~ W~ ~vcw~ ~ ~.~ ~ fl? - $1,032. E ~4~ 0.~ fl? ~ ~ ~ $0.~ ~ fl.~ = ~.~ R-lB 0.~ ~? No Ex~ ~ $0.~ ~r ~ = $0.~ $1,~ 72 lame~LWal~ 50.~ fl. C~, ~, ~ P~- Front ~ $9.75 ~ fl. = ~87.5( ~137Cat~Dr. 0.~fl. ~, ~, ~ P~m- Si~ ~ $4.88 ~ fl. = $0.~ ~C~d,~78418 2~.~a 4 ~ W~ S~k- F~ ~ $1.~ ~9.a = $2~.~ ~1~ Ca~ay ~. 0.~ fl? 4 · W~ Si~k - Si~ ~ ~.5~ ~ fl? = $0.~ ~t ~ Bilk 4 0.~a No~ ~ ~.~ ~ = $0.~ T~ 0.~a ~o ~ ~cw~ ~ M.~ ~ = $0.~ ~ 0.~ ~ ~o ~ ~ ~.~ ~ fl.~ = ~.~ R-lB 0.~~ ~o~ ~ $0.~ ~ ·~ = ~.~ 73 Ja~3 L ~al~ 25.~ fl. C~, ~, ~ P~ - Fm~ ~ $9.75 ~ ~137C~. 0.~fl. ~, ~, ~ P~- Si~ ~ ~.88 ~ = ~.~ C~C~, ~ 78418 35.~ ~ 4 ~W~S~k-F~t ~ $1.~ ~fl? 3137 Cat~y Dr. 0.~z 4 [ Wi~ Sid~- Si~ ~ ~.~ ~ ~ = ~.~ ~5' of~t 31,~k4 2~.10 ~~ I - 16.1 ~ W~ ~v~ ~ ~.~ ~ ~t = $1,~ 8~32~ 0.~ fl? No ~ ~ ~.~ ~ ~ = ~.~ t-lB 0.~ ~? No ~ ~ $0.~ ~r ~ ~0.~ S1~79~ 74 ~ O. ~ 25.~ ~. C~, ~, ~ P~e~ - F~nt ~ $9.75 ~ · ~43.7~ ~o W~ ~ ~l~ 0.~ · C~, ~r, ~ Pave~t- Si~ ~ ~.88 ~ fl. ~.~ ~129Ca~, I~.~ fl? 4 K W~ Si~- F~ ~ $1.~ ~a $1~.~ ~Ch~sti,~ 78418 0.~~ 4KW~Si~k-Si~ ~ ~.50 ~fl? ~.~ ~129 Cagny ~. 0.~ ~ No ~w~ ~ ~.83 ~ K~ $0.~ ~' of~ 31, ~k4 0.~? No ~d ~ew~ ~ ~.83 ~Ka ~.~ ~o~ bl~ 0.~ fl.z No ~ ~ ~.~ ~ Ka ~.~ 75 ~ O. ~1~ 50.~ ~ C~, ~r, ~ P~e~t- F~t ~ $9.75 ~ ~o W~ ~ Kel~ 0.~ fl. C~, ~r, ~ P~- Si~ ~ ~.88 ~ K $0.~ ~ C~, ~ 78418 89.~ fl? 4 ~ Wi~ Si~wMk - From ~ $ I .~ ~ K z $89.~ ~1~ Cn~y ~. 0.~fl.~ 4 K Wi~ S~wMk- Si~ ~ $0.~ ~fft $0.~ ~t ~, Bilk 4 321.~ Ka I - 27.6 ~. W~ ~w~ ~ ~.83 ~ ~? $1,5533~ F~eb~ 0.~ ~a NOS~ ~ ~.83 ~K~ $0.~ I~ 0.~ ~ No ~ ~ $0.~ ~ ~ $0.~ ~-IB 0.~ff? No~ ~ ~.~ ~ ~2 ~.~ 76 ~lll~HeBt, et~ 50.~ fl. C~, ~r, ~ P~m- F~ ~ $9.75 ~ ~87.50 l125Cat~. 0.~ ~. C~, ~, ~Pave~t-Si~ ~ ~.88 ~ ~.~ ~ C~, ~ 78418 2~.~ fl? 4 · Wl~ S~- F~t ~ $1.~ ~r ifa $2~.~ I1~ ~t~y ~. 0.~~ 4 ~ Wi~ Si~k- Si~ ~ $0.~ ~a $0.~ ~29,~k4 0.~ ~ No~v~ay ~ ~.~ ~ $0.~ f~pic ~ 0.~ R.2 No S~ ~veway ~ ~.83 ~ ~ $0.~ ~ 0.~a No~ ~ ~.~ ~ $0.~ K-lB 0.~ fi? No ~ ~ S0.~ ~ ~ $0.~ 77 ~tg ~ He~g et~ 25.~ fl. C~, ~, ~d P~t - From ~ $9,75 ~ · ~3.75 ~o~C~t1,~78418 28.~~ 4 ~ Wi~ Si~- F~t ~ $1.~ ~~ $28.~ H~ Ca~y Dr. 0.~R? 4 ~ W~ Si~k- Si~ ~ ~.50 ~r ·~ ~.~ ~ of~t ~, ~l~k 4 226.~ R? I - 17.9 ~ W~ ~vew~ ~ ~.g3 ~r ~a $1,~5.93 f~ ~l~ 0.~~ No ~ ~ew~ ~ ~.g3 ~r ·a $0.~ ~2~ 0.~ R? No E~ ~ ~.~ ~ ~a $0.~ R-lB 0.~ a? No Ex~ ~ $0.~ ~ fl.a $0.~ Page 11 Preliminary Assessment Roll - Azores & Cat'ay ~]2J CatcayDr. 0.00 it. Oub, Gua~,and Pawcmcnt- Sidc ~ S4.85 l~rfi $0.04 ~orJnoChrl~t~ TX 78418 100.00 fi2 4 fiWideSidewMk'-Fro~ ~ $1,00perfi2 $100.0~ }121Cotcay Dr. 0.00 fiz 4 fi Wide SiGL-walk - Side ~ $0,50 pgr fi '425' ofLo~2S, BIo~k4 0.0O it.z NoDt-iveway ~ S4,83 pcrfi2 $0.0~ tropic Ides 0.0O fi~ No Sccofld Driveway ~ $4,83 per it? $0.04 ~K~G04-0270 0.00 fi~ No Extras ~ $0,00 per R-lB 0.00 fi2 No £xb-as ~ $0.00 per fi~ S343.75 ~9 ~tndt~e [~ R/heeler 50.00 it. Curb, Guacr, md Pavemcm- Front ~ $9.75 pcr it. $487.5~ ~121 Catcay Dr. O,OO it. Cul'o, Guacr, ami p~vcmgnl - Side ~ $4,88 pcr fi $0,04 ~orln~Christt, 7'~ 78418 |04.80 fi2 4 fi. Wide Sidewalk- Fmr~ ~ $1,00 per fia $104.$~ 3121 Catcay Dr. 0.00 fi~ 4 fl. Wide Sidewalk - Side (~ $0.50 pex fi2 $0.0~ Lo~ 27, Block 4 285,80 fi2 I - 23.8 fi Wide D~ivgway (~ $4.83 pct fi~ $1,380.4 l'ropl¢ Isles 0.0O it? No Second Dfiwway (~ $4.83 per R-lB 0.00 R? No Extra5 ~ $0.00 pgr it? $0,0~ $1~K'/2.?1 80 ///vfn .~ Kay, et ux 63.44 fi Crab, Guttcr, and Pavement - Front ~ $9.75 pet fi $618.5, $1 I$ Catcay Dr. 0,0~) ~t. Curb, Cmacr, md p~vgnlgm - Side (~ $4.88 pcr fi $0.00 CorpusC~rlstl, TX78418 184,96 ~~ 4 fi Wide Sidcwalk- Front ~ $1.00 per ~~ $184.96 3113 Catcay Dr. 0,00 fi2 4 fi Wide SidewMk - Side ~ $0.50 per it.~ $0.00 Lot.2~, Block 4 219.20 fi2 ! - 17.2 fi. Wide Driveway ~ $4.83 per fi2 $1,058.74 Tropic ~ 0.00 fi~ No Second Drivcway ~ $4,83 per it? $0.00 ~46-0004-0260 0.00 it? No Extras ~ $0.00 pcr fi~ $0.00 t-l~ 0.00 R? No Extras ~ $0.00 pcr S1,862.2,1 81 )ale,~. Gtan-ett 150.0O it. Curb, Gut~r,.~d Pavement- From ~ $9.75 per fi = Sl,462.5Q rlO5 Catcay Dr. 0.00 it. Curb, Gutter, and Paven~flt - Side ~ $4.88 p~r fi = $0.00 ~orpusChr~tI, TX78418 517.60 it? 4 I~ Wide Sidewalk - Front ~ $1.00 p~r fl? = $517.6G ~105 ~atciy Dr. 0,00 ~? 4 & Wide Sidewalk - Side ~ $0.50 per fL~ = $0.0~ ~ot 15, Block 4 256.60 it? I - 20.6 it. Wide Drivcway ~ $4.83 pcr R.~ ~ $1,2~938 Fropic isles 0.0O fi~ No Secofld Dr}vcway (~ $4.83 per it. 1846-~004-025e 0.00[~ No Extras @ $0.00 pcr·Z = $0.0C ~t-IB 0.00[~ No F. xh'as (~ $0.00 per fi $3~,19.4~ 82 ~lalcolmR~¥anc~,lll,~tux 0.00 it. Cutb,~uact, and Pav~ncnt- Front ~ $9.75 PC~fi ~ $0.0G . ~.17 Caribbean Dr. 6.73 fi Curb, Craagt, and Pavcmcnt- Side (~ $4.88 p~r it. ~ $32.84 ~orpu~Chri~tl, TX 78418 O.OO ~2 4 fl. WideSidewa]k-Front ~ $1.(~) pcrR? ~17 Caribbean Dr. 26.92 it? 4 it. Wide Sidewalk - Side ~ $0.50 pcr It? = $13.46 Lo¢24~Block4 0.00 ft? No Driveway @ $4.~3 pcrP.~ = $0.0C £roplclsl~s 0.00 fl** NoSccondDrivcway ~ $4,83 pcrfia = $0.0~ 1846-0004-0240 0.0~ ~ No Exb-as ~ $0.00 pcr fi2 = $0.0~ R-lB O.0O tt? No Extras @ $0.00 pgr S46.3~ End Catcay Dr. - Southeast Side Eed Project Total ofAllAssessments: $89,821,~ Page 12 32 CITY COUNCIL AGENDA MEMORANDUM DATE: October 25, 2002 AGENDA ITEM: Public hearing to consider vacating and abandoning a 28,800-square foot portion of a 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street street rights-of- way. Public hearing to consider vacating and abandoning an 18,000-square foot portion of a 60-foot wide street right-of-way on Hughes Street, between the Water Street and West Shoreline Boulevard street rights-of-way. Public hearing to consider vacating and abandoning 62,832-square feet of the westside portion of the N. Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-way line of Resaca Street right-of-way. Ordinance vacating and abandoning a 28,800-square foot portion of a 80-foot wide street right-of- way on Water Street, between the Resaca Street and Hughes Street street rights-of-way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense; and declaring an emergency. Ordinance vacating and abandoning a 18,000-square foot portion of a 60-foot wide street right-of- way on Hughes Street, between the Water Street and West Shoreline Boulevard street rights-of-way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense; and declaring an emergency. Ordinance vacating and abandoning 62,832-square feet of the westside portion of the N, Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-way line of Resaca Street right-of-way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense; and declaring an emergency. ISSUE: The City of Corpus Christi is requesting the vacating and abandonment of the streets so that the tract of land can be repiatted for the construction of the MutiI-Purpose Arena. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and abandonment of any street rights-of-way. RECOMM~,ENDATION: Staff recommends approval of the ordinanq, e on an emergency basis. 'AJ~I ~ ~'sc~ob~r, P.E. ~rector of Engineering Se~ices Acting Director of Development Se~ices A~chments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSURE AND BACKGROUND: The City of Corpus Christi is initiating the vacating and abandonment of the 28,800- square foot portion of street right-of-way on Water Street between the Resaca Street and Hughes Street and the 18,000-square foot portion of street right-of-way on Hughes Street, between the Water Street and West Shoreline Boulevard along with a 62,832- square foot portion of N. Shoreline Boulevard, approximately 792-feet north of the north right-of-way line of the Resaca Street right-of-way to construct a Multi-Purpose Arena Facility that will occupy all three street rights-of-way. The Multi-Purpose Arena will provide seating for up to 10,000 with box and club seating. The Arena will provide for a full range of concerts, entertainments, iceshows, dirt events, rodeos, and sporting events. The facility is co-located with the Convention Center to provide synergy between the two facilities and to allow for cost savings through joint use areas. The conceptual design is a modern design that provides a complete fascade upgrade for the Convention Center facing Shoreline Boulevard and will be funded by the additional 2% Hotel/Motel Tax. All public and franchised utilities were contacted. Most of the public and franchised utilities contacted, mentioned that they had existing utilities within the street rights-of- way. CPL, SWBT and TimeWarner have no objections to the abandonment but will seek reimburstment if adjustments to their facilities become necessary. Water, Wastewater, Storm Water, and Gas Departements have existing utilities within both of the street rights-of-way and are asking that the City retain a utility easement for the entire width of the street rights-of-way or that the utilities be relocated at owners expense. Staff also recommends the payment of fair market value for the property be waived since the City owns the property adjacent to the rights-of-way and is also the one initiating the vacating and abandonment. h:\...\gen~ag01~esrnt-clo\lantana.rn2 EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 28,800 SQUARE FOOT PORTION OF AN EIGHTY (80) FOOT WIDE STREET RIGHT-OF-WAY ON WATER STREET, BETWEEN THE RESACA STREET AND HUGHES STREET RIGHTS-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT 1TS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 28,800 square foot portion of an 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street rights-of-way, as recorded in Volume 9, Pages 38-41, Map Records Nueces County, Texas, that the owners, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, November 12, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 28,800 square foot portion of an 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street rights-of-way, as recorded in Volume 9, Page 38-41, Map Records Nueces County, Texas is abandoned and vacated for public use as a street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That the payment of the fair market value be waived because the Owner is the City of Corpus Christi and the closure is at the request of the Owner to convert the property into an area for the construction of a public parking lot. CPL, SWBT, and TimeWamer will seek reimbursement if adjustments to their facilities become necessary. Water, Wastewater, Storm Water and Gas Departments are requiring that the City retain a utility easement for the entire width of the street rights-of-way for their existing utilities or that the utilities be relocated at Owner's expense. The Owner must replat the property within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. L:~LEG-DIR\JO SEPH\WORD\ORD-water-str.doc SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12th day of November, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney Assistant City Attorney L:\LEG-D1R\JOSEPH\WORD\ORD-water-str.doc Corpus Christi, Texas day of _, 2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Co|menero Henry Garrett Bill Kelly Rex A. Kiimison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr., Mayor City of Corpus Christi L:\LEG-DiR\JOSEPH\WORD\ORD-water-str,doc AN ORDINANCE ABANDONING AND VACATING A 18,000 SQUARE FOOT PORTION OF A SIXTY (60) FOOT WIDE STREET RIGHT-OF-WAY ON HUGHES STREET, BETWEEN THE WATER STREET AND WEST SHORELINE STREET RIGHTS-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 18,000 square foot portion of a 60-foot wide street right-of-way on Hughes Street, between the Water Street and West Shoreline Street rights-of-way, as recorded in Volume 9, Pages 38-41, Map Records Nueces County, Texas, that the owners, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, November 12, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 18,000 square foot portion of a 60-foot wide street right-of-way on Hughes Street, between the Water Street and West Shoreline Street rights-of-way, as recorded in Volume 9, Page 38-41, Map Records Nueces County, Texas is abandoned and vacated for public use as a street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That the payment of the fair market value be waived because the Owner is the City of Corpus Christi and the closure is at the request of the Owner to convert the property into an area for the construction of a public parking lot. CPL, SWBT, and TimeWarner will seek reimbursement if adjustments to their facilities become necessary. Water, Wastewater, Storm Water and Gas Departments are requiring that the City retain a utility easement for the entire width of the street rights-of-way for their existing utilities or that the utilities be relocated at Owner's expense. The Owner must replat the property within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. L:\LEG-DIR\JOSEPH\WORD\ORD-Hughes-str.doc SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12th day of November, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney BY: Joseph/h/~amey ~ Assistant City Attorney L:\LEG-DIR\JOSEPH~WORD\ORD-Hughes-str.doc Corpus Christi, Texas day of ,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter role as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members 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 Samuel L. Neal, Jr., Mayor City of Corpus Christi L:\LEG-DIR\JOSEPH\WORD\ORD-Hughes-str.doc AN ORDINANCE ABANDONING AND VACATING 62,832 SQUARE FEET OF THE WESTSIDE PORTION OF THE N. SHORELINE BOULEVARD STREET RIGHT-OF-WAY, APPROXIMATELY 792-FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF THE RESACA STREET RIGHT-OF- WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, them is 62,832 square feet of the westside portion of the N. Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-way line of the Resaca Street right-of-way, as recorded in Volume 9, Pages 38-41, Map Records Nueces County, Texas, that the owners, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, November 12, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST1, TEXAS, THAT: SECTION 1. That the 62,832 square feet of the westside portion of the N. Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-way line of the Resaca Street right-of-way, as recorded in Volume 9, Page 38-41, Map Records Nueces County, Texas, is abandoned and vacated for public use as a street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That the payment of the fair market value be waived because the Owner is the City of Corpus Christi and the closure is at the request of the Owner to convert the property into an area for the construction of a public parking lot. CPL, SWBT, and TimeWarner will seek reimbursement if adjustments to their facilities become necessary. Water, Wastewater, Storm Water and Gas Departments are requiring that the City retain a utility easement for the entire width of the street rights-of-way for their existing utilities or that the utilities be relocated at Owner's expense. L:\LEG-DIR\JOSEPI~WORD\ORD-Shorln-str.doc The Owner must replat the property within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12th day of November, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney 2002 BY:Joseph H~mey [x{ '~ Assistant City Attorney L:\LEG-DIR\JOSEPH\WORD\ORD-Shorln-str.doc Corpus Christi, Texas day of _,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members 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 Samuel L. Neal, Jr., Mayor City of Corpus Christi L:\LEG-DIR\JOSEPH\WORD\ORD-Shorln-str.doc 'BLOCK 81 WATER BEACH ADDITION 1.4424AC BLOCK 72 WATER BEACH ADDITION RESACA ~'T. 5~.00~ ~D 1ON o ~ GRAPHIC 'SCALE 1" = 100' HOTE: I~F. ARINGS ARE ~ ON THE TEXAS STATE PLANE CO01~tNATE SYSTEU, SOUTH ZONE. NAD 1983 I'VB CONVENTION CENTER ARENA ~". ~o* EXHIBIT C uEI-GOVlND CITY COUNCIL AGENDA MEMORANDUM DATE: November 8, 2002 AGENDAITEM: A. Public hearing to consider and approve the State of Texas Commercial Revitalization Deduction Allocation Program and State Plan and the City of Corpus Christi commercial revitalization local strategic plan. B. Resolution endorsing the State of Texas Renewal Community Commercial Revitalization Deduction allocation program and State Plan C. Resolution Adopting the City of Corpus Christi commercial revitalization local Strategic Plan D. Public hearing to consider, prioritize and nominate applications for commercial revitalization deduction allocations. ISSUE: In early 2002, the U.S. Department of Housing and Urban Development named forty areas nationwide as Renewal Communities, eligible for a number of federal tax incentives. Only two of those were in Texas - an area in the City of Corpus Christi and an area in El Paso County. The principal Federal tax incentive under the program is the Renewal Community Commercial Revitalization deduction. This incentive allows the deduction of 50% of the cost of construction or rehabilitation of a commercial structure within the community renewal area the first year the structure is placed into service. Alternatively, 100% of the cost can be deducted over 10 years. Under the Act, the State of Texas will receive $12 million of commercial revitalization deduction authorization for each renewal community each year from 2002 through 2009. (The allocation year runs from January I to December 31 of each year.) The State is required to designate a commercial revitalization agency (CRA) to carry out plans for the allocation of the deductions under a qualified allocation plan. City staff began working with the Texas Department of Economic Development and other state agencies in May 2002. In early October, the Governor, at the request of the City of Corpus Christi and with assistance from our legislative delegation, designated the Texas Department of Economic Development as the CRA. The Federal Act requires that the CRA develop and approve a state plan that addresses local conditions and that each renewal community within the State approve the plan. City staff played a major role in writing the State plan and wrote the local plan for both the City of Corpus Christi and El Paso County. The Texas Departrnent of Economic Development held a public hearing on the State plan in Austin on October 25, 2002, and approved the plan subject to the City of Corpus Christi and El Paso also approving the plan. In the meantime, because time is rapidly running out for 2002 deductions, City staff notified the Council that we were advertising for application for the community revitalization deductions and received applications on or before November 6, 2002. In the State plan, the City has $12 million of Renewal Community Commercial Revitalization deductions available. On November 15, those allocations for the City and El Paso County that are not committed will be aggregated and allocated by the State on a first-come, first-served basis (El Paso County has informed us that they will, in all likelihood, have less that $250,000 in allocations this year.). In addition, the City will receive our next allocation of $12 million on January 1, 2003. The City has received $17,380,000 in approvable applications in response to our request for applications. REQUIRED COUNCIL ACTION: Approval ofthe State of Texas Commercial Revitalization Deduction Allocation Program and State Plan and the City of Corpus Christi commercial revitalization local strategic plan and nomination of projects for the City's $12 million of Commercial Revitalization Deduction Allocations for 2002, with an alternatives list for up to $24 million, which includes unused State allocations for 2002 and allocations for 2003. RECOMMENDATION: City staff recommends approval of the State of Texas Renewal Community Commercial Revitalization Plan, the City of Corpus Christi Renewal Community Commercial Revitalization Local Strategic Plan and the nomination of all of the fundable applications received in response to the advertisement for applications through a combination of allocations including the 2002 $12 million application, those allocations available through aggregation on November 12 and, should allocations not be available for the entire amount, through the 2003 allocation available January 1, 2003. W. Thomas Utter Special Assistant to City Manager ALLOCATIONS AND APPLICATIONS The fundable applications are all ranked based on the time submitted. $12,000,000 Year 2002 allocation APPLICATION International Sank of Commerce: Regional bank headquarters to be constructed at 221 S. Shoreline (old Darryl's Restaurant location) Requested allocation: $5,000,000 JLG Joint Venture: Shoreline Medical Clinic project, Longevity and Wellness Center of South Texas, Inc., 401 S. Shoreline. This project includes the demolition of an existing old car dealership and the construction of a major medical facility. Requested allocation: $9,000,000 $11,000,000 (estimate) Amount available November 15, 2002, through state aggregation APPLICATION 3. JLG Joint Venture: Shoreline Medical Clinic project, Longevity and Wellness Center of South Texas, Inc., 401 S. Shoreline. This project includes the demolition of an existing old car dealership and the construction of a major medical facility. Requested allocation: $9,000,000 (see 2 above) 4. Agua Java: Interior demolition and construction of a restaurant/coffee bar in the VVater Street Market complex through the H20 Market Trust at 304 N. Chapparal St. Requested allocation: $150,000 5. Texas Bird and Sutterfly Paradise: Phase I construction of the Texas Bird and Butterfly Paradise tourist attraction on Corpus Christi Beach to be located in conjunction with old Pirates of the Gulf project. Requested allocation: $1,950,000 6. Erma's Sack-N-Pack: Expansion of an existing restaurant at 1331 Sam Rankin St. Requested allocation: $30,000 7. Airtrol Supply building renovation: Application by owner Johnstone Supply for limited renovation of the building at 2701 Agnes St. Requested allocation: $50,000 8. Oil Industries building: Extensive renovation of the office building at 723 N. Upper Broadway Requested allocation: $400,000 ALLOCATION $5,000,000 $7,000,000 ALLOCATION $2,000,000 $150,000 $1,950,000 $30,000 $50,000 $400,000 APPLICATION 9. Old HEB corporate office building: Substantial rehabilitation including asbestos removal of the building located at 807 N. Upper Broadway (the building has been vacant for 17 years) Requested allocation: $700,000 10. Ray's Bar-B-Que: Rehabilitation and expansion of existing restaurant at 2214 Winnebago. Requested allocation: $30,000 11. Ebony's Fashions: Rehabilitation of a structure for retail business at 1008 Sam Rankin Requested allocation: $35,0000 12. The Lord's House: Rehabilitation of an existing building for a restaurant at 1010 Sam Rankin Requested allocation: $35,000 TOTAL ALLOCATION $700,000 $30,000 $35,000 $35,000 $17,380,000 RESOLUTION ENDORSING THE STATE OF TEXAS RENEWAL COMMERCIAL REVITALIZATION DEDUCTION PROGRAM AND STATE PLAN COMMUNITY ALLOCATION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. The City Council, as the governing body of the City of Corpus Christi, endorses the State of Texas Renewal Community Commercial Revitalization Deduction Allocation Program and State Plan, which is attached to this resolution and marked as Attachment 1. SECTION 2. The City Manager is directed to forward a copy of this resolution to the Executive Director, Texas Department of Economic Development. ATTEST: THE CiTY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 7th day of November, 2002. James R. Bray Jr. City Attorney R. J~j~ R~{ning ~./ First As/s'istant City Attorney Samuel L. Neal, Jr. Mayor R22113A1.doc Corpus Christi, Texas of ,2002 The above resolution was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenem Henry Garreff Bill Kelly Rex A. Kinnison John Longoda Jesse Noyola Mark Scoff R22113^l.doc STATE OF TEXAS I~NEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTION ALLOCATION PRO~RAM General Statement: The 2000 Community Renewal Tax Relief Act (Act) established the Renewal Community Initiative to encourage public-private collaboration to generate economic development in d/stressed communities. In early 2002, U.S. Department of Housing and Urban Development named forty areas nat/onwide as Renewal Communities elig/ble for a number of federal tax incentives. Two of these areas were in Texas - an area in the City of Corpus Christi and an area in E1 Paso County. In add/tion to the Federal tax incentives, a number of state and local /ncentives will be available through the governi~4~ entity and the state of Texas. The Act requires each local government designated as a Renewal Commurdty to prepare a tax incentives utillration plan (TIUP} w/th participation from the community. The TIUP includes how the local, state and federal incentives will be marketed to businesses to increase economic development in the designated area and other comm/tments made to the Renewal Community. One of the principal federal tax incentives is the commercial revitalization deduction. Under the Act, $12 mill/on is allocated to the state for distribution to each of the renewal communities located in its jurisdiction. The State is required to designate a commercial revital/zation agency to carry out plans for allocat/on and the qu~litqed allocation plan. The State of Texas has designated the Texas Depm~tment of Econom/c Development {TxED) as the state agency to carry out the qualified allocation plan. In order to preserve the local prerogatives contained with/n the local tax incentive u~!i=afion plan, to mi~irniTe the cost to the State and to promote the greatest efficiency, the following system is proposed for the State allocation plan. STATE PLAN 1. Each Renewal Community will file Development (TxED) a copy of its w/th the Texas Department of Economic U.S. Department of Housing mad Urban Page 1 Development approved TIUP and the name, address, and telephone number of the local comrnurl/ty's Renewal Community Coordinating Responsible Authority (CoRA). By the first working day of November of each year, each Renewal Community's CoRA will submit to the Executive Director ofTxED a plan for award/ng their $12 million in commercial revitAli=ation deductions. The plan, wh/ch will be approved by the Governing body of the Renewal Community, will address the follow/nE criteria: a. The application process includ/ng public notice, public comment, and submission of applications approved by the Governing Body to the Texas Department of Economic Development. b. Criteria that the governing body of the Renewal Commurdty will util/ze to determine el/g/b/lity of an application includes: 1] Is the project, in the opirdon of the local government, benefic/al to the community? (May cons/der/nput from public hearing, stat~/commurdty goals, or other local author/ry.) 2] Confirmation from the Texas Comptroller of Public Accounts that the applicant is in good standing. 3] Cordh~mation from t~e Texas Workforce Commission that the applicant is current on unemployment insurance tax. The local government must determine affirmation to the first three criteria prior to forwarding the application to the CRA for consideration. The local governing body will forward only eligible applications to the CRA. Co Upon determining project eligibility at a local level the checklist (Attachment A) shall be completed and a minimum of 10 criteria must be met to obtain state allocation approval. d. Procedure that the governing body of the Renewal Community, acting as the Texas Depmtment of Economic Development's agent, will follow in monitoring. The application form agreed to and signed by both the applicant and ch/ef executive officer (or equivalent) of the jurisd/ct/on in wh/ch the Renewal Community is designated. 3. Following each Renewal Commurdty's governing body's action to nominate projects eligible to receive allocations, each Renewal Community CoRA w/Il submit to TxED: P~e2 a. A certification, executed by the Chief Executive Officer of the governing body, that it has complied with its locally determined allocation plan and to the best of its knowledge the application(s) is complete and meets the requirements of the commercial revitalization deduction (CRD) program, b. Report of the qualified applications received which includes a common selection criterion used for each applicant and a description of the reason for approval or denial for each applicant, c. Copy of each application selected by the governing body to receive CRD allocations, d. Copy of the public notice for the application process, and e. Copy of approved mlrtutes of the govern/nE body's meeting where the CRD applications were discussed and selected. 4. TxED will not/fy the chief executive officer (or it's equivalent) of the local jurisd/ction w/th/n wh/ch the bufld/ng is located of such allocation and provides such/md/w/dual a reasonable opportunity to comment on the allocat/on. [26 USC §1400I (e) (2) (B)] 5. Under the Federal statute, $12 million of authority is allocated to the State each year for each of the communities. This allocation will remain inviolate for each of the communities from January I of each year until October i of that year. On October 1, the Texas Department of Economic Development will determine what allocations remain and will pool all remaining allocations. These pooled allocations will be awarded among the Renewal Communities on a fLrst come first served bads. Applications received on or after October I of each year must be delivered by certified marl, overnight delivery or hand delivered and must be date/time stamped at the agency. As in all instances the governing body of the Renewal Community must recommend applications for surplus allocations following the application process. (For the calendar year 2002, the date of combinat/0n of the allocations shall be November 15, 2002.) 6. The RC CoRA will submit an annual report to TxED describing the status of each active project in the/r jurisdiction receiving CRD allocations. The annual reports w/ll be due March I of each calendar year beginning in 2003 and ending in 2010 and P~e3 reporting on activity ending December 31 of the previous year. The report will include: a. Status of all projects currently in process in addition to those already in serv/ce. Including success stories ~ress releases, news coverage, etc.) b. Impact analysis of the CRD on the RC. c. Number of direct and ind/rect jobs both new and retained and approximate average salary. d. Estimated admlr~istrative costs for the Renewal Commun/ty e. Copy of the Renewal Comraullity'8 a_rlnual report to the U.S. Depa~'tment of Housing and Urban Development Page 4 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI COMMERCIAL REVITALIZATION LOCAL STRATEGIC PLAN NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF CORPUS CHRISTI, TEXAS: SECTION I. The City Council, as the governing body of the City of Corpus Christi, adopts the City of Corpus Christi Commercial Revitalization Strategic Plan for the City's Renewal Community Commemial Revitalization Deduction Allocation Program. The City of Corpus Christi Commercial Revitalization Strategic Plan is attached to this resolution and marked as Attachment 1. SECTION 2. The City Manager is directed to forward a copy of this resolution and the City of Corpus Christi Commercial Revitalization Strategic Plan to the Executive Director, Texas Department of Economic Development. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 7th day of November, 2002. James R. Bray Jr. City Attorney By: First'Assistant Ci~ Attorney Samuel L. Neal, Jr. Mayor P,22113B1 ,doc Corpus Christi, Texas of ,2002 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brant Chesney Javier D. Colmenem Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott R22113B1.doc City of Corpus Christi Commercial Revitalization Local Strategic Plan 1) The Coordinating Responsible Authority (CoRA) for the Corpus Christi Renewal Community will submit a copy of the City's_approved Tax Incentive Uti!i~ation Plan and contact information to the Executive Director or the Executive Director's designee of the Texas Depa, tment of Economic Development. The City Manager shall appoint the CoRA for the Corpus Christi Renewal Community: 2) The process for receiving applications is as follows: a) Public notice inviting applications for commercial revitalization allocations will be published in the Corpus Christi Caller Times once a year indicating that applications will be considered throughout the year. No application will be considered for 10 working days following the date of the public notice. b) Application information will be available by contacting the CoRA and via the City of Corpus Christi's web site. Applications will be time stamped Applications will be considered only fi: i) c) upon receipt and reviewed for completion. The building and its structural components will be placed in service by the taxpayer in the Renewal Community and the original use of the building will begin with the taxpayer or the building will be substantially rehabilitated by the taxpayer and is placed in service by the taxpayer after the rehabilitation in the Renewal Community. ii) The expenditures of the project meet the statutory requirement for the allowable Commercial Revitalization expenditures. iii) Request of allocation is less than $10 million, iv) The applicant is in good standing with the Texas Comp~xoller of Public Accounts and the Texas Workforce commission has confu-med that the applicant is current on unemployment insurance tax. d) The CoRA will review the completed applications meeting the requirements in section 2_lc) of this plan and make recommendations through the City Manager to the City Council based on the following criteria: M0difi~ 11i08/02 Page 1 i) ii) iv) v) xii) xiii) The project creates and reta/ns jobs in the Renewal Community. The applicant is willing to work w/th the Workforce Network, Inc. to identify qual/fied candidates for the positions that w/Il be created and where possible, h/re Renewal Community residents, individuals meeting the criteria for work opportunity tax credit and welfare to work tax credit. The applicant is committed to affirmatively hiring minority workers and affirmatively contracting with minority owned businesses, local low-income community businesses ~vusinesses located in census tracts w/th 20% poverty or greater) and/or businesses located in the Renewal Community. The applicant is committed to h/ring underskilled, inexperienced, disadvantaged or displaced workers, where possible. The applicant is committed to providing on the job technical and vocational training for economically disadvantaged or Renewal Community residents, where possible. The project is located in a Texas Enterprise Zone, Reinvestment Zone, Weed and Seed Area, Community Development Block Grant (CDBG) elig/ble area, or H/storically Underut/li~ed Business {HUB) Zone. Project is eliminating slum or blight in a particular area w/th/n the Renewal Community. Project is appropriately zoned. Project contributes to the City's Comprehensive Plan, the applicable area development plans for the target area, Bayfront Plan, C/ty's current CDBG Consolidated Plan, and Project Plan for Corpus Christi Reinvestment Zone No. 1, which have been adopted by the C/ty of Corpus Christi, and Texas Department of Economic Development regulations applicable to the Texas Enterprise Program. The applicant has involved or will involve residents and non-profit groups within the Renewal Community and/or will seek services provided by any partner of the Renewal Community. Schedule of construction to date the building is placed in service. Business has sufficient income to take advantage of accderated depreciation. Project is a public/private partnership between City of Corpus Christi and private business. M~dified 11/0~/~2 P~ge 2 e) City Council will review the recommendations made by CoRA, through the City Manager, and will consider approval of the applications based on the criteria set above with particular emphasis on IX above and the project selection criteria included with the State Plan (see Exhibit A) at a City Council hearing. The general public will be given an opportunity to comment on the applications at the council hearing. f) Within 10 working days following the approval of applications by the City Council, the CoRA will submit to the Commissioner or designee of the Texas Depm~ment of Economic Development (TDED) the following documentation: i) A certification signed by the City Manager, as the CEO of the City of Corpus Christi, that the governing body has followed the procedure as indicated in this plan and to the best of his or her knowledge, each application that has been approved by the City Council is complete and meets the requirements of the commercial revitalization deduction program. ii) Copy of each application selected by the governing body to receive the commercial revitalir~tion deduction (CRD) allocations, public notice for the application process, approved minutes of the governing body, reasonable explanation for each project being selected or denied and identifies the criteria set forth above in the explanation. g) Within 5 working days following receipt of certification of approved projects from the TDED, the CoRA will send confirmation to project contact person of their award or denial for CRD allocations. The confirmation letter will also set forth their reporting requirements to the City of Corpus Christi. Each applicant will be required to provide quarterly reports of their progress of the project and commitments made in their application until the project is placed in service, ff the CoRA determines that the project is not proceeding as indicated in the application or the project is being reduced, the City Council working with the applicant can cancel or reduce the allocation previously awarded. The City Council will submit a certification to the TDED stating that the project should be cancelled or reduced and the amount of CRD allocations that will be available for reallocation. h) The CoRA will submit an annual report to the TDED describing the status of each active project in their jurisdiction receiving CRD allocations. The mmual reports will be due March 1 of each calendar year beginning in 2003 and ending in 2010 and Modified 11/08/02 Page reporting on activity ending December 31 of the previous year. The report will include: a. Status of the project being constructed and /f ava/l___able, date project was placed in service. (Including success stories, press releases, news coverage, etc.) b. A brief narrative describing the impact of the CRD on the--Renewal c. Number of direct and indirect jobs created and retained, approximate average d. Copy of the Renewal Community's annual report to the U.8. Depai'tment of Housing and Urban Development. 34 November 8, 2002 SUBJECT: Coastal Lease for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (Packery Channel Project) AGENDAITEM: Authorizing the City Manager to execute Coastal Lease No. CL20020005 with the State of Texas for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (Packer/ Channel Project) and implement Project Mitigation and the Memorandum of Understanding regarding the monitoring of the Mollie Beattie Coastal Habitat Community and Mollie Beattie Methodology. ISSUE: One of the last most significant remaining parts of the Packery Channel Project is the acquisition of an appropriate lease for the project from the State of Texas through the School Land Board. The lease covers approximately 654 acres running from the Laguna Madre east into the Gulf of Mexico. In order to obtain the lease, both a mitigation plan for the overall environmental impacts of the project and a monitoring plan for the Mollie Beattie Coastal Habitat Community must be included as a part of the lease. (The mitigation plan also forms the response to federal environmental regulations as part of the Corps of Engineers project.) We are pleased to report that, working with the Corps of Engineers, the Coastal Bend Bays and Estuaries Program, and the Nature Conservancy, after many months of study and negotiation, we have reached agreement with the General Land Office and the numerous federal and state environmental regulator/agencies on the lease which contains the full mitigation plan for the Packer/ Channel Project and a Memorandum of Understanding on the Mollie Beattie Coastal Habitat Community. Required Council Action: In order to move forward with the project, the City Council must authorize execution of the lease (both the mitigation plan and the Mollie Beattie Memorandum of Understanding are subject to the project moving forward with adequate funding). The Texas School Land Board has the lease on its agenda for adoption at its meeting in Austin also in November 12, 2002. Recommendation: As one of the last and most significant action items remaining to implement the Project, Staff, after many months of negotiation with the various parties, strongly solicits Council approval of the lease. ~~ ~ W. Thomas Utter Special Assistant to the City Manager BACKGROUND INFORMATION In order for the Packery Channel Project to move forward, the City is required to obtain a Coastal Lease from the State of Texas through the School Land Board. The lease itself is for 653.767 acres. This covers the entire Packery Channel area from the Laguna Madre to Highway 361 and the area to be dredged from Highway 361 into the Gulf including the state tracts on both sides of the channel. In addition, the lease covers an area for dredge disposal. The lease itself is for 99 years beginning December 1, 2002, with the State having the right to terminate the lease after 60 years. It requires the City as the leasee to pay 37.5% of all gross revenues received by the City from the leased area, excluding sales tax, alcohol beverage tax, or approved beach user fees. As part of the lease, a mitigation plan has been negotiated with the assistance of the Corps of Engineers, the Coastal Bend Bays and Estuaries Program and the Nature Conservancy. Under the mitigation plan, $1,250,000 will be provided to the Coastal Bend Bays and Estuaries Porgram from the project. These funds will be used for the protecting and enhancing of Shamrock Island including the creation of 15.6 acres of seagrass. The Nature Conservancy, as owner of Shamrock Island, and the Coastal Bend Bays and Estuaries Program, as operating entity, with advice from the various resource agencies, will undertake studies of the Shamrock Island area to determine what best projects to undertake to enhance and protect Shamrock Island. Since Shamrock Island is one of the most unique habitat areas in the bay system while providing excellent birding and fishing opportunities, City Staff feels that this is absolutely the best mitigation project that could have been developed. The project liability for mitigation is capped at $1,250,000 The Mollie Beattie Coastal Habitat Community is an area that lies principally to the north of the Packery Channel Project and immediately west of Highway 361. While all of the Corps of Engineers studies indicate there will be no significant impact on the habitat area, the resource agencies have demanded a close study of the area to determine if any impact will occur. As a result, a Mollie Beattie impact methodology and study has been developed that will run over a five-year period. The cost of these studies and monitoring will be approximately $540,000 which will be a cost of the project. Should any negative impacts be found, the project will be responsible for mitigating those impacts. All of these agreements have been negotiated over a number of months and City Staff would be remiss if we did not extend our deep appreciation to Ms. Carolyn Murphy with the Corps of Engineers, Mr. Tony Williams and Ms. Barbara Deane with the General Land Office, Mr. Ray Allen with Coastal Bend Bays and Estuaries Program and Mr. Carter Smith with the Nature Conservancy, together with numerous staff of the federal and state resoume agencies. It is only with many long hours and many good suggestions from all of those involved that we are able to reach what City Staff feels is a very happy and equitable agreement to all of the issues. The State of Texas Austin, Texas COASTAL LEASE NO. CL20020005 STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: This Coastal Lease No. CL20020005 (the "Agreement") is issued by virtue of the authority granted in Chapters 33 and 51, TEX. NAT. RES. CODE ANN. and Title 31, TEX. ADMIN. CODE, Chapters 13 and 155 and all amendments thereto, and all other applicable statutes and rules, as the same may be promulgated and/or amended from time to time. ARTICLE I. PARTIES 1.01. In consideration of the mutual covenants and agreements set forth herein, the STATE OF TEXAS, acting by and through the School Land Board and its Chairman, David Dewhurst, Commissioner of the General Land Office, and David Dewhurst in his capacity as Commissioner of the General Land Office (the "State"), hereby authorizes City of Corpus Christi (the "Lessee") whose address is PO Box 9277, Corpus Christi, TX 78469-9277, to use the "Premises" (defined below) for the purposes identified in Article V below. ARTICLE II. PREMISES 2.01. The coastal public land Lessee may use is described as follows: A 653.767 acre portion of State Tracts Numbers 50, 60, 61, 907S, 908S, 1, 4, and 5, Laguna Madre, and the Gulf Of Mexico, Nueces County, Texas (the "Premises"). The Premises are further described and depicted on Exhibits A-l, A-2, B-l, B-2, C-l, C-2, D-l, D-2, E and F attached hereto and incorporated heroin by reference. 2.02. Lessee acknowledges and agrees that when any authorized improvements are placed on the Premises, the location of such improvements shall thereby become fixed at such location and shall not be changed except by a written amendment to this Agreement. 2.03. LESSEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS THE SAME "AS IS", IN 1TS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND LESSEE HEREBY ACKNOWLEDGE AND AGREE THAT USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS AGREEMENT IS FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO LESSEE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD AND LESSEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS AVENUE, AUSTIN, TEXAS 78701-1495, AND ALL RECORDS OF THE COUNTY IN WHICH THE PREMISES ARE LOCATED. LESSEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE REGARDING ANY ASPECT OF THE PREMISES, BUT IS RELYING ON LESSEE'S OWN INSPECTION OF THE PREMISES. C1~OO2OOO5 1 jcrow ARTICLE III. TERM 3.01. This Agreement is for a period of ninety-nine (99) years, beginning on December 1, 2002, and ending on November 30, 2101, unless renewed or terminated as provided herein, provided, however, that upon the expiration of a period of sixty (60) years of the nine-nine (99) year term of this Agreement, the State may terminate this Agreement at any time by sending written notice of termination to Lessee in accordance with the provisions of this Agreement, no later than one (1) year prior to the effective date of termination. ARTICLE IV. CONSIDERATION AND TAXES 4.01. A. As consideration for the right to use the Premises, Lessee agrees to pay the State as Rent, thirty-seven and one-half percent (37.5%) of all Gross Revenues received by Lessee as a result of or arising out of its use of the Premises. "Gross Revenues" shall mean all consideration received by Lessee and derived from all operations at or from the Premises (excluding sales tax, alcoholic beverage tax, or approved beach user fees as described in subsection B of this section, but shall not be reduced by any other amount, including without limitation, any allowance for debt service or any future bad debts), which would be determined by consistent application of generally accepted accounting principles, as promulgated and modified from time to time by the American Institute of Certified Public Accountants (AICPA) and as modified to industry standard practices. Gross Revenue includes but is not limited to, entrance and parking fees, revenues from concessionaires, sublessees, licensees, permittees, and other consideration, regardless of whether such consideration is received as rent, commission, fees, a percent of sales or any other form. The Rent shall be calculated from Gross Revenues received by Lessee for each calendar year or portions thereof during the term of this Agreement, and shall be payable not later than March 1st of the immediately following calendar year. The requirement to pay Rent on March 1~t, for the previous calendar year survives the expiration or termination of this Agreement. B. Lessee shall not impose or collect beach user fees as that term is defined in Title 31, Texas Administrative Code, Chapter 15, as amended, unless such fees are approved in advance in writing by the State. Upon approval by the State of the imposition of beach user fees, Lessee shall retain and expend approved beach user fees in accordance with the Texas Open Beaches Act, Tex. Nat. Res. Code, Chapter 61, and Title 31, Texas Administrative Code, Chapter 15, as amended from time to time. 4.02. Lessee shall have the following duties with respect to reporting and verification of Rent payable: A. Lessee shall at all times keep orderly, timely, and accurate accounting books and records of the Gross Revenues, and such records shall be kept in a form and substance that is auditable by an independent certified public accountant. B. Together with the payment of Rent, Lessee shall, on the Rent due date, provide the State with a report in affidavit form showing the applicable Gross Revenues, accruing to the rental period for which Rent is being paid (the "Rent Report"). The Rent Report shall be due whether Rent is owed under Section 4.01, or not. The Rent Report shall be in a form and substance that is reasonably acceptable to the State and that is otherwise verifiable by a "Special Report Relating to Amount of Sales for the Purpose of Computing Rental", as such term or similar term is used in publications of the AICPA ("Special Report"). C. To the extent Lessee, or any approved sublessee, permittee, or licensee, in the normal conduct of business, has its accounting books audited by an independent certified public accountant, Lessee will cause, at no cost to the State, such auditor or auditors to include a Special Report detailing Gross Revenues received as described in Section 4.01 of this Agreement, covering the same time period(s) as the audit and shall furnish such Special Report to the State immediately upon its completion. If Lessee does not have its accounting books audited in the regular course of its business, then the State, by written notice to Lessee, may require Lessee to obtain, at Lessee's sole cost and expense, a Special Report. However, the State may not require such Special Report more often than once in each Five Year Period that this Agreement is in effect and such request shall be limited to coverage of the preceding Five Year Period of Lessee's operations at the Premises. CL20020005 2 jcrow D. If an underpayment of Rent is found or confirmed by an auditor's Special Report, then Lessee shall, within ten (10) days a~er the date of the Special Report, submit to the State amended Rent Report(s) and any amounts due thereunder together with any late fee (as described in Section 4.03 of this Agreement) due thereon. If such underpayment exceeds ten percent (10.0%) for any single year covered by a Special Report or exceeds fifteen percent (15.0%) in total for any five year period, then the State may require, in its sole discretion, Lessee to obtain, at Lessee's sole cost and expense, Special Reports annually. Lessee shall also take immediate steps to correct any deficiency in Lessee's accounting systems and procedures tha~ shall have been the cause of the underpayment. If, however, there is a discrepancy in favor of the State, such discrepancy shall be considered prepayment of future Rent due, if any, but in no event shall this provision ever require the State to remit a cash refund to Lessee. 4.03. All Rent and any other sums due by Lessee shall be due and payable by Lessee without demand, deduction, abatement, or offset. Past due Rent and other past due payments shall bear interest from maturity at the rate of ten percent (10%) per annum from the date when due until actually paid. 4.04. In addition to the above, Lessee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement may be levied on or assessed against the Premises or any improvements constructed or installed thereon (the "Taxes"). Lessee shall pay such Taxes at least five (5) days prior to the date of delinquency directly to the authority, official or entity charged with collection. Lessee may, in good faith and at its sole cost and expense, contest any Tax and shall be obligated to pay the contested amount only if and when finally determined to be owed. ARTICLE V. USE OF THE PREMISES 5.01. A. In connection with Lessee's use of the Premises, Lessee may construct and/or maintain the following: uplands and submerged lands containing approximately 653 acres to be used as a public park and dredged channel including, without limitation, amenities, public parking, bait and tackle sales, food and beverage sales, convenience stores, beach amenities (such as suntan lotion, umbrellas, beach chairs, and surfooards), boat launching, piers and docks, watercraf~ rentals, boat and trailer storage, fuel sales, recreational vehicle park and all associated amenities and services, shoreline stabilization, maintenance areas, bulkheads, jetties, beach nourishment, and dredge material disposal (collectively, the "Improvements"). Lessee shall not use the Premises for any other purpose without prior written consent from the State, which consent may be granted or withheld in the State's sole discretion. Lessee is specifically prohibited from using or permitting the use of the Premises for any illegal purpose. Provided the State does not unreasonably interfere with Lessee's use of the Premises, the State may use or permit the use of the Premises for any purpose consistent with Lessee's use of the Premises; however, it is understood that the State does not intend to and will not compete with the operations or uses of the Premises by Lessee under this Agreement. B. Not later than sixty days prior to commencement of construction or installation of any Improvements, including but not limited to paving, sanitary facilities, offices, recreational buildings, or other structures, Lessee shall submit complete plans and specifications to the State for review and written approval. The State shall review and approve, reject, or require such revisions as it may choose, in writing, within sixty days of receipt of the submitted plans and specifications. The Deputy Commissioner for the Asset Inspection Division of the Texas General Land Office or his successor, or other person designated in writing by the State, is authorized to review, approve, reject, or require revisions to plans and specifications on behalf of the State. C. Lessee shall comply, and cause its officers, employees, agents, representatives, contractors and invitees to comply, with applicable laws, ordinances, rules and regulations of all governing authorities with jurisdiction over the Premises. Lessee is specifically notified of its need to comply with laws and regulations, including Texas Natural Resources Code Chapter 33, Subchapter F. "Coastal Coordination Act", enacted for the purpose of protecting and preserving public lands and waters. D. Lessee shall permit the State's agents, representatives, and employees to enter into and on the leased premises at all reasonable times for the purpose of inspectiOn and any other reasonable purpose necessary to protect the State's interest in the leased Premises. CL20020005 jcrow 3 E. Lessee may not charge any holder of a valid mineral lease or other grant of interest from the State for surface damages for the use of the leased Premises. All such damage payments shall be made directly to the State. Lessee, however, may seek compensation for damages to personal property or the Improvements, to the extent allowed by law, in an action against the holder of a valid mineral lease or other grant-of-interest issued by the State. This damage limitation in no way limits the liability of third parties in an action at law for damages inflicted upon Lessee by acts of negligence. F. Except as otherwise provided herein, Lessee shall have the right to file a criminal complaint or institute civil proceedings to protect Lessee's right of possession and leasehold interest in the leased Premises. G. Lessee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air, ground and water in and around the Premises, and to protect and preserve natural resources and wildlife habitat. In the event of pollution of or damage to natural resources in or around the Premises which is the result of an act or omission of Lessee, its officers, employees, agents, representatives, contractors, concessionaires, and/or invitees, Lessee shall immediately notify the State and undertake all required and appropriate action to remedy the same. To the extent permitted by law, Lessee shall be liable for all damages and/or mitigation to the Premises and public lands and waters as a result of such act or omission. In the event of termination of this Lease, Lessee's obligations under this Section 5.01 .G. shall survive any such termination of the Lease. H. LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966, (PB-89-66, 80 STATUTE 915; §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ANN. AND ALL AMENDMENTS THERETO. IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS AGREEMENT, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY THE STATE AND THE TEXAS HISTORICAL COMMISSION, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. 5.02. A. Lessee's use of the Premises is subject to compliance with the following covenants, obligations and conditions (the "Special Conditions"): The Lessee acknowledges that its dredging and construction activities in the Packery Channel beneath and adjacent to Park Road 22 (the Kennedy Causeway) are subject to an easement for highway purposes held by the Texas Department of Transportation (TxDOT), which easement contains highway facilities including bridges, piers/columns, embankments, drainage areas and roadway surfaces. The Lessee's work shall be consistent with the safety, maintenance, and operation of the highway facilities at all times and shall not interfere with TxDOT use of the easement nor endanger TxDOT facilities or create a hazard to public users. The Lessee's work shall be accomplished in such manner as to cause no reduction in level of service of the highway facilities or interference with TxDOT inspection, construction, maintenance and/or operation of same. To the extent permitted by law, Lessee shall be liable for any injuries or damages arising from any dredging, construction, or other activities by Lessee, its employees, agents, or contractors within the easement. The Lessee will furnish to the TxDOT Corpus Christi District Engineer at 1701 So. Padre Island Drive, Corpus Christi, Texas 78416, two sets of complete plans, details and specifications, including work schedules, for its work within and immediately adjacent to the TxDOT right of way easement, and no work will be done without prior written approval of such plans by TxDOT. During the course of the work, any material changes or alterations must also be submitted to the District Engineer for prior approval. All construction work is to be done in conformity with the plans and specifications as approved. The Lessee will provide to the District Engineer a minimum of 48 hours written notice prior to commencement of work within or immediately adjacent to the right of way easement. TxDOT, its employees, agents and/or representatives have the right to inspect work within the right of way easement at any time during the progress of such work. c[a0020oo5 4 jCfOW All dredging, bulkhead and jetty construction, and other improvements to the Premises shall be done in accordance with the U.S. Army Corps of Engineers North Padre Island Storm Damage Reduction and Environmental Restoration Project, Packery Channel, Texas, Specifications for Dredging. All mitigation for impacts to seagrass, marshes, tidal flats, and algal mats on or adjacent to the Premises shall be done in accordance with the North Padre Island Storm Damage Reduction and Environmental Restoration Project, Packery Channel, Texas, Environmental Impact Statement and the North Padre Island Storm Drainage Reduction and Environmental Restoration Project Mitigation Plan attached hereto as Exhibit "E". If any mitigation provision of the Environmental Impact Statement conflicts with the Mitigation Plan in such a manner that the two cannot be harmonized, the Mitigation Plan shall control unless otherwise agreed to in writing by both parties. Failure to successfully complete any required mitigation shall constitute an event of default under this Agreement. All mitigation for impacts to the Mollie Beattie Habitat Community shall be done in accordance with the Memorandum of Understanding Regarding the Monitoring of the Mollie Beattie Coastal Habitat Community and Molly Beattie Methodology attached to this Agreement as Exhibits "D-I "and "D-2" and incorporated by reference herein. 6. AIl work, Improvements under Section 5.01, or other activities by Lessee, or its approved sublessees, licensees, or permittees, within the leased Premises shall be done in accordance with the Texas Open Beaches Act, Tex. Nat. Res. Code, Chapter 61, the Texas Dune Protection Act, Tex. Nat. Res. Code, Chapter 63, and the Texas General Land Office Beach/Dune Rules, Title 31, Texas Administrative Code, Chapter 15, all as amended from time to time. 7. Navigation aids, consistent with U.S. Coast Guard guidance, shall be installed and maintained by the Lessee upon completion of construction. 8. Canal depths for recreational craft shall not exceed fourteen (14) feet below mean low water and shall be no deeper than is necessary for navigation. Lessee must notify the General Land Office, in writing, at least thirty (30) days prior to modification, rebuilding, major repair, or removal of any structure authorized in this Agreement unless such action is related to termination of the Agreement. Notice of removal shall be provided as specified in Article IX. of this Agreement. 10. Lessee shall notify the General Land Office in writing at least two (2) weeks prior to commencing dredging operations and within one (1) week following completion of the work. 11. Lessee shall notify the General Land Office in writing at least sixty (60) days prior to undertaking any maintenance dredging activities occurring during the term of this Agreement. 12. All dredged material (spoil) authorized by this Agreement shall be placed at the locations and configurations as shown on Exhibit "F". 13. Lessee is required to perform mitigation and/or pay surface damage fees according to the State's policy in effect at the time damages occur for any and all surface damages resulting from the actions of Lessee, Lessee's employees, representatives, agents, or contractors, and any sublessees, permittees, or licensees during the term of this Agreement. Such mitigation and/or payment of damage fees shall be performed in the manner and within the timeframe specified in the written notice provided by the State to Lessee following said damages. The obligation to mitigate and/or pay surface damage fees pursuant to this subsection does not apply to the same damages that are subject to mitigation pursuant to Section 5.02(A)(4) of this Agreement. CL20020005 5 jcrow B. Prior to undertaking construction or installation of Improvements on the Premises, Lessee shall provide written notice of the terms of this Agreement, including the Special Conditions, to each person or entity authorized by Lessee to perform any such activity on its behalf. Lessee shall retain a copy of each such written notice provided to its agents, representatives, employees, and/or contractors under this provision and, if a dispute arises concerning construction or installation of the Improvements, Lessee shall provide the State with a copy of all applicable notices within ten (10) days of the State's written request. Lessee's failure to maintain and provide each required written notice shall constitute a default under this Agreement. 5.03. If Lessee or its approved sublessees, permittees, or licensees, fails to maintain and/or repair Improvements in good condition and repair, such fallare shall constitute a default under this Agreement and the State may, at its option, terminate this Agreement upon written notice to Lessee or pursue a remedy under Section 51.3021, TEX. NAT. RES. CODE ANN. and all amendments thereto. If Lessee constructs improvements other than those authorized in Article V, such improvements shall constitute illegal structures and the State may, at its option, terminate this Agreement or pursue a remedy under Section 51.302, et seq., TEX. NAT. RES. CODE ANN. and all amendments thereto. ARTICLE VI. ASSIGNMENTS AND SUBLEASES 6.01.A. LESSEE SHALL NOT ASSIGN THIS AGREEMENT OR THE RIGHTS GRANTED HEREIN, IN WHOLE OR PART, TO ANY THIRD PARTY FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN CONSENT OF THE STATE, WHICH MAY BE GRANTED OR WITHHELD IN THE STATE'S SOLE DISCRETION. ANY UNAUTHORIZED ASSIGNMENT SHALL BE VOID AND OF NO EFFECT, AND SUCH ASSIGNMENT NOT RELIEVE LESSEE OF LIABILITY UNDER THIS AGREEMENT. 6.01.B. LESSEE MAY SUB-LEASE, LICENSE, OR PERMIT THE USE OF THE PREMISES WITH PRIOR WRITTEN APPROVAL BY THE STATE, WHICH APPROVAL MAY BE GRANTED OR WITHHELD AT THE STATE'S SOLE DISCRETION, OR UPON SUCH CONDITIONS AS THE STATE MAY IN ITS SOLE DISCRETION DEEM REASONABLY NECESSARY TO PROTECT THE PUBLIC INTEREST, INCLUDING BUT NOT LIMITED TO, RENTAL REQUIREMENTS, REQUIREMENTS TO PROVIDE FOR INDEMNIFICATION OF THE STATE, INSURANCE REQUIREMENTS, REMOVAL OF TRASH AND DEBRIS, PUBLIC ACCESS TO THE LEASE PREMISES, AND PROTECTION OF THE NATURAL ENVIRONMENT. THE STATE SHALL BE PROVIDED WITH COPIES OF ANY SUBLEASE, LICENSE, OR PERMIT FOR THE USE OF THE PREMISES, INCLUDING ANY AMENDMENTS THERETO, PRIOR TO APPROVAL BY THE STATE. THE DEPUTY COMMISSIONER FOR THE ASSET HNSPECTION DIVISION OF THE TEXAS GENERAL LAND OFFICE, OR HIS SUCCESSOR OR OTHER PERSON DESIGNATED IN WRITING BY THE STATE, IS AUTHORIZED TO APPROVE OR REJECT ANY SUBLEASE, LICENSE, OR PERMIT, OR REQUIRE CONDITIONS, ON BEHALF OF THE STATE 6.02 EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED BY TEX. NAT. RES. CODE §61.022, LESSEE AND ANY APPROVED SUBLESSEE, LICENSEE, OR PERMITTEE SHALL NOT IN ANY MANNER RESTRICT THE PUBLIC FROM FREE ACCESS TO AND USE OF THE PUBLIC BEACH AND TO THE WATERS OF THE GULF OF MEXICO, AS REQUIRED BY THE TEXAS OPEN BEACHES ACT. ALL PERSONS SHALL HAVE THE RIGHT TO BRING TO AND USE THEIR OWN PERSONAL PROPERTY AND EQUIPMENT ON THE PUBLIC BEACH, INCLUDING BUT NOT LIMITED TO, UMBRELLAS AND CHAIRS, REGARDLESS OF '¢/ItETHER THE PERSONAL PROPERTY OR EQUIPMENT CONSISTS OF ITEMS SOLD OR RENTED BY THE SUBLESSEE, LICENSEE, OR PERMITTEE. SUBLEASES, LICENSES, AND PERMITS MAY GIVE THE SUBLESSEE, LICENSEE, OR PERMITTEE THE EXCLUSIVE RIGHT TO CONDUCT BUSINESS AT SPECIFIED SITES OR BEACH LOCATIONS, SIJBJECT TO THE LIMITATIONS OF THIS SUBSECTION. 6.03 LESSEE MAY, UPON OBTAINING THE WRITTEN APPROVAL OF THE STATE, AND SUBJECT TO SUCH RESTRICTIONS AND LIMITATIONS AS THE STATE MAY PRESCRIBE, SET ASIDE AREAS OF THE PREMISES TO BE USED FOR THE SAFE OPERATION OF VESSELS, INCLUDING LAUNCHING AND RECOVERY AREAS FOR PERSONAL WATERCRAFT, SAILBOATS, WINDSURF BOARDS, AND KITE SAIL BOARDS. CL20020005 6 ARTICLE VII. INDEMNITY 7.01. TO THE EXTENT PERMITTED BY LAW, LESSEE AGREES TO INDEMNIFY AND HOLD THE STATE, ITS SUCCESSORS, ASSIGNS, OFFICERS, AGENTS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES (THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ALL CLAIMS, PROCEEDINGS, ACTIONS, DAMAGES, JUDGMENTS, LIABILITIES, AWARDS AND EXPENSES WHATSOEVER, INCLUDING STRICT LIABILITY CLAIMS (THE "CLAIMS") WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF THE INDEMNIFIED PARTIES, THAT MAY BE BROUGHT, INSTITUTED OR AWARDED ON ACCOUNT OF OR GROWING OUT OF ANY AND ALL INJURIES OR DAMAGES, INCLUDING DEATH, TO PERSONS OR PROPERTY RELATING TO OR RESULTING FROM, DIRECTLY OR INDIRECTLY: (1) ANY OCCURRENCE IN, UPON, AT OR FROM THE PREMISES OR ANY PART THEREOF, OR (II) THE USE OR OCCUPANCY OF THE PREMISES OR ANY PART THEREOF, TOGETHER WITH ANY AND ALL LOSSES THERETO, INCLUDING, WITHOUT LIMITATION, ALL COSTS OF DEFENDING AGAINST, INVESTIGATING AND SETTLING THE CLAIMS. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION 7.01 IS AN INDEMNITY BY LESSEE TO INDEMNIFY AND PROTECT THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE INDEMNIFIED PARTIES' OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE CLAIM. THIS INDEMNITY SHALL HAVE NO APPLICATION TO ANY CLAIM WHERE THE CLAIM RESULTS FROM THE SOLE NEGLIGENCE OF THE STATE. LESSEE'S OBLIGATION OF INDEMNITY SET FORTH HEREIN SHALL SURVIVE EXPIRATION OF THIS AGREEMENT. ARTICLE VIII. DEFAULT, TERMINATION AND EXPIRATION 8.01. If Lessee fails or refuses to remedy a default under this Agreement within thirty (30) days of the State's written notice specifying such default, the State may terminate this Agreement by sending written notice of termination to Lessee in accordance with Article IX. Upon the effective date of such notice, this Agreement shall terminate and neither party shall have any further rights or obligations except for those accruing prior to the effective date of termination and/or those which specifically survive termination of this Agreement. 8.02. Unless waived in writing by the State prior to termination of this Agreement, Lessee shall, within one hundred twenty (120) days from the termination date, remove all personal property, structures and improvements, whether the Lessee's or otherwise (including, without limitation, the Improvements) from the Premises and restore the Premises (and all other property affected by Lessee's removal activities) to the same condition that existed prior to the placement, construction, or installation thereof on the Premises. Lessee's activities shall be conducted in accordance with General Land Office guidelines in effect at the time of such activity, including, without limitation, specific techniques required for protection of natural resources and mitigation, or payment in lieu of mitigation, for damages resulting from removal activity. Upon such termination Lessee shall notify the State in writing within ten (10) days following completion of Lessee's removal and restoration activity. Lessce's obligations to perform or undertake any specific activity under this Agreement, including the foregoing removal provision, shall survive termination of this Agreement. ARTICLE IX. NOTICE AND INFORMATION REQUIREMENTS 9.01. A. Any notice given under the terms of this Agreement shall be in writing and either delivered by hand, by facsimile or sent by United States first class mail, adequate postage prepaid, if for the State, to Deputy Commissioner, Asset Inspection, 1700 North Congress Avenue, Austin, Texas 78701-1495, and if for Lessee, to City of Corpus Christi, PO Box 9277, Corpus Christi, TX 78469-9277. Any party's address may be changed from time to time by such party by giving notice as provided above, except that the Premises may not be used by Lessee as the sole notice address. No change of address of either party shall be binding on the other party until notice of such change of address is given as herein provided. B. For purposes of the calculation of various time periods referred to in this Agreement, notice delivered by hand shall be deemed received when delivered to the place for giving notice to a party referred to above. Notice mailed CL20020005 7 jcrow in the manner provided above shall be deemed completed upon the earlier to occur of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after posting as herein provided. 9.02. Lessee shall provide written notice to the State of any change in Lessee address within ten (10) business days of such change. 9.03. Lessee shall provide the State with information reasonably requested in writing within thirty (30) days of such request. ARTICLE X. MISCELLANEOUS PROVISIONS 10.01. Neither acceptance of Consideration or any other sum payable under this Agreement (or any portion thereof) by the State, nor failure by the State to complain of any act or omission of Lessee, shall constitute a waiver by the State of its rights under this Agreement. Waiver by the State of any covenant, duty or obligation of Lessee under this Agreement shall be in writing and signed by a duly authorized representative oftbe State. Waiver by the State shall be limited to the act or omission specified in writing and shall not constitute a waiver of any other covenant, duty or obligation of Lessee under this Agreement, whether of the same or different subject matter. 10.02. All monetary obligations of the State and Lessee (including, without limitation, any monetary obligation for damages for any breach of the respective covenants, duties or obligations of either party hereunder) are performable exclusively in Austin, Travis County, Texas. 10.03. This insmunent, including exhibits, constitutes the entire agreement between the State and Lessee and no prior written or oral or contemporaneous oral promises, warranties or representations shall be binding. This Agreement shall not be amended except by written instrument signed by the State and Lessee. CL20020005 8 jcl'OW IN TESTIMONY WHEREOF, wimess my hand and the Seal of Office. TIlE STATE: THE STATE OF TEXAS By: David Dewhurst Commissioner, General Land Office Chairman, School Land Board Date: LESSEE: City of Corpus Christi APPROVED: Contents: Legal: Deput~: Executive: By: (Signature) (Printed Name) (Title) Date: CL20020005 9 II. III. IV. VI. No,;;, Padre Zsland Storm Damage Reduction and Environmental Restoration Project Hitigation Plan To mitigate for the subject project, the City of Corpus Christi (city) will construct or cause to be constructed breakwater(s) that will assist in protecting Shamrock Island and will create or cause to be created a approximately 15.6 acres of submerged aquatic vegetation (SAY). Construction of the broakwater(s) must be concurrent with the construction of Packery Channel. The City shall be responsible to the Texas General Land Office and the School Land Board for successful completion of all of the requirements of this Mitigation Plan. The city will partner with and work through the Coastal Bend Bays and Estuaries Program (CBBEP) to perform the required mitigation. The city will deposit $1,250,000 with the CBBEP to fund the required mitigation. As a condition of the transfer of funds to the CBBEP, the city will secure the written commitment of the CBBEP to be bound to all the terms, conditions, and requirements of this Mitigation Plan. This funding will be for the exclusive use of protecting and enhancing Shamrock Island, including the creation of 15.6 acres of SAV. Once the project is determined by the GLO to be successful, any remaining funds will be used to further enhance Shamrock Island and adjacent submerged state owned land. A team consisting of the Nature Conservancy, CBBEP, GLO, and applicable state and federal resource agencies (team) will provide Input into the project. All recommendations of the team will be a consensus of the team, and must be approved by the GLO and Nature Conservancy as landowners. Working with this team, the CBBEP will undertake appropriate studies to determine the correct pattern of work to be undertaken. Areas of work to be considered will include, but not be limited to, protection of the North end of the Island, protection of the South end of the Island, re-nourishment of the feeder beach, and possible repair and/or upgrade of the existing geotube. One requirement for successful completion of the project will be the creation of 15.6 acres of SAV. The entire $1,250,000 will be held and utilized solely for the protection and enhancement of Shamrock Island and adjacent state owned submerged land. The CBBEP will undertake those actions recommended by the team after review of the studies to protect and enhance Shamrock Island. In no event will the cost of project management, alternatives analysis, engineering and design, permitting, and construction oversight exceed 20% of the funds deposited. The CBBEP with the consensus of the team and with the approval of the GLO Nature Conservancy will determine specific locations of the breakwater(s), type of breakwater(s), and habitat creation. If the breakwater(s) is/are constructed of rock, the footprint of the breakwater(s) will be considered habitat creation, provided the GLO and Nature Conservancy approve the configuration. VII. The created SAV habitat will be allowed to naturally vegetate for 2 full growing seasons after the breakwater is constructed. If after three years, 50% of the required SAV mitigation has naturally vegetated, the CBBEP will consult with the team on whether to plant seagrass in areas that have not reached 50% coverage. If recommended by the team CBBEP will plant seagrass in the areas designated by the team. Unless otherwise recommended by the team, the planting will be at a minimum of 1 sprig per 3-foot center. If after five years, 70% coverage of the required SAV mitigation has not been achieved; CBBEP will consult with the team on whether to plant seagrass in areas that have not reached 70% coverage. If recommended by the team CBBEP will plant seagrass in the areas designated by the team. Unless otherwise recommended by the team, the planting will be at a minimum of ! sprig per 3- foot center. It is understood and agreed by all parties that the city's financial contribution shall be limited to $1,250,000 and the CBBEP's actions to plant seagrass, if required, shall come from this amount. VIII. The CBBEP, on behalf of the city, will submit annual reports beginning in year 3 to the GLO indicating the percent coverage and acreage of SAV, and acreage and habitat of Shamrock Island. IX. The project will be determined to be a success when the breakwater(s) has/have been im-'talled, approximately 15.6 acres of SAV, and no significant amount of habitat (excluding open water fish habitat) has been lost on Shamrock Island. There may be some changes in habitat type on Shamrock Island resulting from reduction of wave energy reaching the island, and this will not cause the project to be deemed unsuccessful. MEMORANDUM OF UNDERSTANDING REGARDING THE MONITORING OF THE MOLLIE BEATTIE COASTAL HABITAT COMMUNITY The STATE OF TEXAS, acting by and through the School Land Board and its Chairman, David Dewhurst, Commissioner of the General Land Office (the "State") and the City of Corpus Christi (the "City") enter into this Memorandum of Understanding as follows: Whereas, the United States Army Corps of Engineers (USACOE), as the Federal Agency, and the City, as the Local Sponsor, have undertaken the North Padre Island Storm Damage and Environmental Restoration Project (the Project), which was authorized and directed by the United States Congress in Public Law 106-53. Whereas, the State owns that certain property on which the Project will be constructed, as described in Coastal Lease No. CL 20020005 between the State and the City. Whereas, the Mollie Beat'tie Coastal Habitat Community (MBCHC), consists of approximately 1,110 acres of State-owned land contained in State Tracts 59 and 60. Whereas, portions of the existing navigation channel that provides access from the Padre Isles subdivision to the Upper Laguna Madre run through the MBCHC. Whereas, the tidal waters of the MBCHC, including the navigation channel, are navigable waters of the United States and are subject to the navigational servitude afforded under the Constitution and laws of the United States. Whereas, the use of this channel by recreational vessels is anticipated to increase once the Project is completed and vessels are enabled to use the channel to access the Gulf of Mexico. Whereas, the navigable channel will be enhanced and maintained through the project. Whereas, under a 1996 MOU between the TGLO and U. S. Fish and Wildlife Service (USFWS), the MBCHC is managed under the MBCHC Management Plan by the MBCHC Management Team, which consists of representatives of the TGLO, USFWS, Texas Parks and Wildlife Department (TPWD), and the National Audubon Society (Audubon). Whereas, consultants for the USACOE, who have extensively studied and modeled the Project area for the USACOE's Environmental Impact Statement for the Project, and the USACOE have determined to their satisfaction that the Project will not have any significant detrimental effects on the MBCHC based upon maintenance of a no wake zone, but some members of the MBCHC Management Team have expressed concerns that the Project may have some negative effects on the MBCHC. Now therefore the City and TGLO are entering into this Memorandum of Understanding (MOU) to address these concerns, and agree as follows: 1. Purpose. The purpose of this agreement is to provide a mechanism to monitor any adverse effects that the Project might have on the MBCHC, determine any mitigation measures that may be needed, and to establish procedures for undertaking the mitigation measures. 2. MOU is an InteHocal Cooperation Agreement. This MOU is considered an agreement under the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. 3. Establishment of Packery Channel Task Force. a. The TGLO and City agree to establish a task force, to be known as the Packery Channel Task Force, to address issues related to the impacts on the MBCHC that are caused by the Project, including the increased use of the Packery Channel navigation channel. The Packery Channel Task Force shall consist of representatives from the TGLO, City, USACOE, plus any members of the MBCHC Management Team that the TGLO designates. b. The Packery Channel Task Force will review the results of the monitoring activities conducted under this MOU, as the results become available. 4. Monitoring program. In order that any actual effects can be determined, the City, with the advice of the USACOE, agrees to undertake the monitoring program described in Attachment A, which is adopted and incorporated by reference into this agreement. Any data from any City-provided reference site may be used only if acceptable to the TGLO, in its sole discretion. In determining whether the data or the reference site is acceptable to the TGLO, the TGLO may consider proximity of the reference site to the MBCHC or the Project, the hydrological and geophysical characteristics of the reference site, environmental similarities of the two sites, and/or any other factor that the TGLO considers appropriate. 5. City's Commitment to Mitigate Damages. The City agrees, to the extent permissible under State law, to undertake those actions necessary, as determined by the TGLO, after considering the recommendations of the Packery Channel Task Force, to counter, mitigate, and resolve any significant negative effects that are proximately caused by the Project, including, but not limited to, increased vessel traffic. The requirements of this section are in addition to and not in lieu of any additional mitigation responsibilities set forth in CL20020005 and/or the North Padre Island Storm Damage Reduction and Environmental Restoration Project, Packery Channel, Texas, Environmental Impact Statement. 6. City Solely Responsible to TGLO. a. Under this MOU, the City is solely responsible to the TGLO for those requests for mitigation coming directly from the TGLO. The City is not responsible under this MOU for any request for mitigation made by any other entity, either individually or jointly. b. Nothing in this agreement shall be interpreted to affect or lessen the City's obligations to the USACOE under the City's Project Construction Agreement with the USACOE, which provides for the long-term maintenance of the Project. 7. Enforcement of No Wake Zone. a. The City commits, to the extent permissible under State law, to establish and maintain a no wake zone in those portions of the Packery Channel that traverse the MBCHC. b. The City will establish and maintain a marina/parks office adjacent to the project, which will be staffed with Marina marshals, or other appropriate City staff. The Marina marshal, or other appropriate City staff, will be empowered and directed to enforce the no wake zone, as part of their duties. Any enforcement of the no wake zone by the City is in addition to any enforcement by game wardens from TPWD, who have previously agreed to enforce the no wake zone. 8. MOU incorporated into lease between the State and the City. This MOU shall be incorporated into and specifically made a part of and a condition of the lease between the State and the City for that state-owned land to be included in the project under CL20020005. 9. Laws of Texas Applicable. The interpretation and performance of this MOU shall be under and controlled by the laws of the State of Texas. 10. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this MOU shall be any court of competent jurisdiction in Travis County, State of Texas. 1'1. Entire MOU. This MOU constitutes the entire agreement between the parties to this MOU with respect to the subject matter of this MOU. The provisions of this MOU are in addition to and not in lieu of any of the provisions of Coastal Lease CL20020005 between the City and the State. 12. Waiver. No delay in exercising or the failure to exercise any right or remedy accruing to or in favor of any party under this MOU impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this MOU or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this MOU. 13. Amendments and Modifications. This MOU may not be amended or modified except in writing. To be effective, any amendment or modification must be signed by and on behalf of both parties by their duly authorized officers. t4. Noticee. All wdtten notices, reports, and other documents required or permitted under this MOU must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight courier addressed to the party to whom notice is being given a~ the party's address set forth below. Either party may change its address, and/or the party representative to be notified, by sending written notice that complies with this Section. TGLO: Asset Inspection Division Texas General Land Office P.O. Box 12873 Austin, Texas 78711-2873 City: City Manager City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 15. Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this MOU. 16. Duplicate Originals. This MOU may be executed in duplicate originals, any one of which is considered to be the original MOU for all purposes. 17. Severability. In the event that any of the previsions, portions, or applications of this MOU are held to be unenforceable or invalid by any court of competent jurisdiction, the City and the State shall negotiate an equitable adjustment in the provisions of this MOU with a view toward effecting the purpose of this MOU, and the validity and enforceability of the remaining provisions, portions, or applications of this MOU are not be affected by the defect in the provision, portion, or application of the MOU that was ruled unenforceable or invalid. 18. Rights of Third Parties. Nothing in this MOU is intended to confer any rights in any person other than the parties to this MOU; nor is anything in this MOU intended to modify or discharge the obligation or liability of any third person to any party to this MOU or give any third person any right of subrogation or action over or against any party to this MOU. 19. Headings for Convenience. The headings in this MOU are for convenience and reference only and in no way define or limit the scope or content of this MOU or in any way affect its provisions. The parties to this MOU have caused this MOU to be executed on the date the last party executes this MOU. MOLLIE BEATTIE METHODOLGY INTRODUCTION In a letter from the Mollie Beattie Coastal Habitat Community (MBCHC) Management Team, dated August 22, 2002, the team members requested that baseline data be established to determine the extent of any impacts that may occur to the 1,100-acre MBCHC site as a result of the Packery Channel project. The MBCHC is located on Mustang Island just north of Packery Channel encompassing all of State Tracts 59 and 60. The letter went on to further request that a monitoring regime be established to evaluate possible changes after dredging of the Channel is complete. For the purpose of this scope of work: BASELINE DEFINED {PRE-CONSTRUCTION} - Used to establish baseline conditious at both the MBCHC and the reference/control site. Baseline to be conducted during the first year, prior to commencement of channel dredging. MONITORING DEFINED {POST CONSTRUCTION / COMPLETION OF DREDGING) - Upon the completion of channel dredging, monitoring will commence. During years 2 through 5 intensive monitoring will include avian surveys, benthic analyses, field inspections, aerial photographs, and tidal elevation analyses at the MBCHC site. Year 2 is considered to be the first year after channel dredging is complete. Reference/Control site to consist of aerial photographs and tide gauge analyses, unless significant changes are observed that warrant field work. BASELINE: PRE-CONSTRUCTION ~IOLLIE BEATTIE & CONTROL) Appendix A: prepared budget estimate for the requested methodology. The budget is attached for illustrative purposes only and is not adopted by the Texas General Land Office. Figure 1: summarizes thc five-year monitoring program and budget. DEVELOP PLAN: Develop a QA/QC plan for both baseline & monitoring efforts. Provide draft copies to the MBCHC Management Team to review and comment. AERIAL PHOTOGRAPHS: Depending on time of construction, aerial photographs may be taken twice during the baseline year in order to assess potential indirect impacts to the area. The first aerial will be taken prior to construction during low fide events, near the end of January, and the second aerial taken near the end of July. Every effort will be made to shoot the aerials on low wind, low fide, clear days. The aerials will be taken prior to conducting the initial ground trothing to pinpoint potential areas of concern. The MBCHC Management Team will be notified prior to conducting flyovers. The City of Corpus Christi will be provided copies of each aerial after they are taken. The City will then provide copies to the Management Team shortly thereafter. I1019R 1 R ~vlo,~d SPECIFICATIONS: The photography will include all of State Tracts 59 and 60. The photographs will be in a 9" by 9" tree color contact prints and color film diapositives at a scale of 1:4800. The color diapositives will be scanned to a 1- foot pixel resolution, georeferenced, and the imagery will be provided to the MBCHC Management Team. As recommended by the MBCHC Management Team, there will be a spatial accuracy of less than 3 meters, and a thematic accuracy of 85% or better shown on the digitized aerials. Further details to be outlined in the QA/QC Plan. SURVEY WORK: A survey team will set markers at both sites to aid in rectifying the photographs prior to conducting the aerial flyover. The more points collected in regard to habitat type, the better the data will be to overlay onto the aerials. GROUND TRUTHING: Ground trothing will take place immediately after the aerial photograph is developed and reviewed (weather permitting). · TRANSECTS: Biologists and Surveyors to conduct two transects across the MBCHC (See Fig. 2 for proposed transect lines) to cover all habitat types present only after the first aerial is flown. Will be conducted based on a change in the habitat versus based on a pre- selected spacing interval. · CHANGE IN HABITAT: Change in habitat will be observed and documented along the transect lines. Other features will be identified to aid in the interpretation of future aerial photographs. Will focus on unique features and or varying habitat types. · ELEVATIONS: Elevations will be taken along the txansect lines wherever there is a change in habitat, as well as at some pre-selected target sites where there might be a potential to see a shift in the topography. All information will be available as digital layers upon request. This information will be available on the aerials via digitization. Digital overlays will be used to indicate changes in shoreline, habitat, seagrasses, etc. FIELD WORK: Field work to be performed at the MBCHC site only. AVIAN POPULATIONS/HABITAT: Avian surveys will be conducted twice per month over a five month period fxom November to March. Shore birds will be identified to species, and counted early morning. The avian surveys will be conducted along the emergent shorelines for the Packery Channel and Newport Pass tidal complex, and specifically including the benthic study area. PRESENCE/ABSENCE SEAGRASSES: Seagrasses can be verified with the aerial photographs, but should there be uncertainty a site visit will be required to verify presence or absence. They can be observed during the bird surveys. II t~l 9R 9 Revi~ed 11'1/9R/(19 BENTHIC COMMUNITIES: The benthic communities will be sampled once per month during the same five month period as the avian survey (November to March). Shorebirds will be identified to species at the time of benthic sampling along the specific transects. The methodology for collecting benthic samples includes walking two transects (pre-selected), collecting five core samples at various levels of inundation, and sending the samples to a lab for processing. The suggested method of collection is with a 2-inch PVC boring core with a recommended diameter of 5.4 cm. The recommended depth within the sediment for pulling core samples is approximately 5 cm. Benthic analyses will consist of identifying invertebrates to Family, identifying insect larvae to Order, and determining species diversity, abundance and biomass. TIDE GAUGE ELEVATIONS: Tide elevations will be retrieved f~om the Packery Channel tide gauge information via interact. These elevations selected will be those taken directly offthe Packery Channel internet site at the same time the benthic community samples were being collected. In addition, while on-site for the avian/benthic monitoring, two measurements will be taken within the benthic study area. One measurement taken from the first stake of the benthic study area boundary to the waters edge, and the second measuremem is to be taken from the furthest stake to the waters edge. The stakes used on either end of the previously used benthic study area will be used to create a polygon of available surface area. This information in conjunction with the fide gauge elevation information will relate "available surface area" to tide elevations. This "available surface area" is a rough estimate, and will be used to tie the presence of shorebirds to available benthos. ANNUAL REPORT: An annual summary report will be submitted to the City of Corpus Christi, and the City will in turn provide copies of the documents to the MBCHC Management Team. MONITORING: POST CONSTRUCTION: A monitoring survey year will be from September to August. AERIAL PHOTOGRAPHS: Aerial photographs will be taken twice during each monitoring year in order to assess potential indirect impacts to the area. There will be four mandatory monitoring years, and the potential for one more year should significant changes be observed at the sites. As with the baseline, the first aerial will be taken near the end of January, and the second near the end of July. Every effort will be made to shoot the aerials on low wind, low tide, clear days. There will be no ground truthing during the monitoring years; however, site visits may be necessary from time to time based off of information gleaned from aerial photograph comparisons. The City of Corpus Christi will be provided I1 fll')R ~ Rev~ed copies of each aerial after they are taken. The City will then provide copies to the MBCHC Management Team shortly thereafter. SPECIFICATIONS: As mentioned earlier, the photography will include all of State Tracts 59 and 60. The photographs will be in a 9" by 9" color contact prints and color film diapositives at a scale of 1:4800. The color diapositives will be scanned to a 1-foot pixel resolution, georeferenced, and the imagery will be provided to the MBCHC Management Team. As recommended by the MBCHC Management Team, there will be a spatial accuracy of less than 3 meters, and a thematic accuracy of 85% or better shown on the digitized aerials. Further details to be outlined in the QA/QC Plan. SURVEY WORK: A survey team will set markers at both sites to aid in rectifying the photographs prior to conducting the aerial flyover. No other survey work is planned at this time; however, significant changes to habitat may warrant more survey work be performed. FIELD WORK AVIAN POPULATIONS/HABITAT: Avian surveys will be conducted twice per month over a five month period fi.om November to March. Shore birds will be identified to species, and counted early morning. The avian surveys will be conducted along the emergent shorelines for the Packery Channel and Newport Pass tidal complex, and specifically including the benthic study area. PRESENCE / ABSENCE SEAGRASSES: Seagrasses can be verified with the aerial photographs, but should there be uncertainty, a site visit will be required to verify presence or absence. They can also be observed during the bird surveys. BENTHIC COMMUNITIES: The benthic communities will be sampled once per month during the same five month period as the avian survey (November to March). Shorebird species will be identified and counted at the time of collection. There will be two transects (pre-selected) and five core samples collected from various levels of inundation and sent to a lab for processing. The recommended diameter of the boring core is 5.4 cm. The recommended depth within the sediment for pulling core samples is approximately 5 cm. Benthic analyses will consist of identifying invertebrates to Family, identifying insect larvae to Order, and determining species diversity, abundance and biomass. I1 O19R 4 Re~ined 1 fl/gR/fi9 TIDE GAUGE ELEVATIONS: Tide elevations will be retrieved from the Packery Channel tide gauge information via interact. These elevations selected will be those taken directly offthe Packery Channel interact site at the same time the benthic community samples were being collected. In addition, while on-site for the avian/benthic monitoring, two measurements will be taken within the benthic study area. One measurement taken fxom the first stake of thc benthic study area boundary to the waters edge and the second measurement is to be taken from the furthest stake to the waters edge. The stakes used on either end of thc previously used benthic study area will be used to create a polygon of available surface area. This information in conjunction with the tide gauge elevation information will relate "available surface area" to fide elevations. This "available surface area" is a rough estimate, and will be used to fie the presence of shorebirds to available benthos. ANNUAL REPORT: An annual report will be submitted to the City of Corpus Christi, and thc City will in turn provide copies oftbe documents to the MBCHC Management Team. The post-construction monitoring reports (annual reports) will include change analyses based on pre-cons~uction (baseline) data. SERVICES NOT INCLUDED Based upon the MBCHC letter, the monitoring efforts do not include any chemical analyses of sediments or plants, or any water quality analyses. Furthermore, detailed monitoring for the reference/control site is also not included. REFERENCE/CONTROL SITE While there is no requirement in the letter from the General Land Office to select a reference site/control similar to the Molly Beattie area and monitor in conjunction with the project site, it is highly recommended if such a site can be found. Should weather anomalies occur and impact the project site, it will be beneficial to show how the reference site/control was affected by the same weather anomalies. The reference/control site should also show whether potential negative occurrences at the Mollie Beattie Coastal Habit Community are the result of Packery Channel project or naturally occurring changes. While attempts have been made to find a more suitable site, one has not been presented. Any data from the City-provided referenced site may be used only if acceptable to the TGLO, in its sole discretion. In determining whether the data or the reference site is acceptable to the TGLO, the TGLO may consider proximity of the reference sit to the MBCHC or the Project, the hydrological and geophysical characteristics of the reference site, environmental similarities of the two sites, and/or any other factor that the TGLO considers appropriate. [I~19R ~ gevi~ecl 1 Figure 1. Monitoring Program Overview MONITORING PROGRAM OVERVIEW' Year 1 Year 2 Year 3 Year 4 Year 5 Objective Establish baseline at Mollie Detailed Monitoring of Detailed monitoring of Detailed monitoring of Detailed monitoring of Seattle/Aerial review of Mollie Beattie /Aerial Mollie Beattie /Aerial Mollie Seattle /Aerial Mollie Beattie /Aerial control site review of control site review of control site review of control site review of control site Major Mollie Beattie (Detailed) Mollie Beattie Mollie Beattie Mollie Beattie Mollie Beattie • Set baseline and transect Activities • Aerial photos (2/year) • Aerial photos (2/year) • Aerial photos (2/year) • Aerial photos (2tyear) elevation • Bird Survey (2/month — • Bird survey (2/month — 5 • Bird survey (2/month — • Bird survey (2/month — 5 • Ground truth along 5 months) months) 5 months) months) baseline (once) • Benthic samples and • Benthic samples and • Benthic samples and • Benthic samples and • Aerial photos (2/year) analyses analyses analyses analyses (2/year) • Bird survey (2/month — 5 • Analyze tide gauge data a Analyze tide gauge data • Analyze tide gauge • Analyze tide gauge data months) . QA/QC • QA / QC data • CIA / QC • Benthic samples and . Report • Report • QA/QC • Report analyses . Agency Coordination • Agency Coordination • Report . Agency Coordination • Analyze tide gauge data • Agency Coordination • QA/QC • Report • Agency coordination Annual Mollie Beattie ......... $87,504 Mollie Beattie.. $80,960 Mollie Beattie .......... $85,007 Mollie Beattie.. $89,258 Mollie Beattie ......... $93,72C Budget $Nr Reference site ... 23 500 19.00 Reference site... _......19.955 Reference site -..20.953 Reference site...... _.22.001 (with 5%/yr gference site— inflation) Total ....... $111,004 Total ...... $99,965 Total ......... $104,962 Total ....... $110,211 Total ......... $115,721 Cumulative $111,004 $210,969 $315,931 $426,142 $541,863 I ' See Recommended Scope of Work and estimated budget dated 10/11/02 for details and assumptions. I 1200.10128 SMEs HosELEY AND ASSOCIATES, DTIC. Revised 9/27/2002 MONITORING BUDGET MOLLY BEATTIE COASTAL HABITAT COMMUNITY I. MONITORING AT MBCHC (Target Site) B. First Year Monitoring (Baseline): $87,504.00. Surveyors (2): Set marker systerrfftransects/elcvations ....................... $7,200.00 Biologists (2): QA/QC Monitoring plan/Development Bird monitoring - 10 days for the year during the months from November to March (includes seagrass survey and collecting benthos during winter season) Ground truthing Tide gauge monitoring Collecting benthos (spring) ................................... $25,600.00 Lab: *Benthos analyses ............................................................ $35,604.00 Technical: Aerial photos - Two state tracts (semi-annually) GIS time (each season) Digital overlays to show changes (each season) ............ $6,600.00 Office: Annual reporting Report development- 7 days .................................. $5,600.00 Professional report development - ~2 days ................. $2,800.00 Reproduction ....................................................... $500.00 **Meetings/any agency coordination (up to 12 hrs) ........$1,600.00 QA/QC ............................................................. $1,000.00 Project Management ............................................ $1,000.00 Subtotal for first year baseline ...................................... $87,504.00 *Estimate based offnon-contractual agreement with Mr. Paul Montagna~ Transects only conducted during first season. Should conditions warrant more survey work/ground trothing, and the City requests it, then additional costs will be incurred. An additional $2000.00 per day for survey work, and $1600.00 per day for a biologist to verify significant changes. 1 A. Years 2 through 5: (Inflation costs ~ 5% increase per year). Surveyors: No survey work, other than placing markers in the field for aerial photography, is included in years 2-5 budget. Should conditions warrant more survey work/ground trothing, and it is requested, then additional costs will be incurred. An additional $2000.00 per day for survey work, and $1600.00 per day for the biologists to verify significant changes. Setting markers twice a year for aerial photographs....$3600.00/yr Biologi~t~: Verifying marker locations Bird survey (10 days for the year during the months from November to March) Benthos Collecting Tide Gauge Monitoring (interact) ......................... $22,000.00/yr Lab: *Benthos analyses ........................................... $35,604.00/yr Technical: Aerial photos - Two state tracts (semi-annually) GIS time(semi-annually) Digital overlays to show changes (semi-annually) ...... $6,600.00/yr Office: Report development (5 days) ............................... $4,000.00~r Professional report development - 2 days ................ $1,200.00/yr Reproduction ................................................... $500.00/yr *Meetings/Agency coordination/etc.(up to 12 hfs) ...... $1,600.00/yr QA/QC ......................................................... $1,000.00/yr Project Management .......................................... $1,000.00/¥r Subtotal for Years 2 through 5 .................................. $77,104.00/yr *Estimate based offnon-contractual agreement with Mr. Paul Montagna. Should transects or additional site visits be requested in subsequent years, additional costs will be incurred. Subtotal for Monitoring the MBCHC (5% annual inflationavj costs): Year 1 Baseline .................................................................. $87,504.00 Years 2 through 5 .............................................................. $348,945.00 Total .................................................................................... $436,449.00 2 Revi~erl 11~/1 1/fl') Highlighted areas: The information regarding the cost of the benthic study is still pending as is the cost for aerial photographs. *Any additional meetings or agency coordination time not included in this budget will be billed accordingly to the City on a time and materials basis in accordance with our most recent standard rotes and schedules. II. MONITORING AT CORPUS CHRISTI PASS (Reference/Control Site) B. First Year Monitoring (Baseline): $23,500.00 Surveyors (~): Set marker system/two transects/elevation ........................... $6,000.00 Biologist: Ground truth ............................................................... $4,000.00 Interpret aerials ............................................................ $1,000.00 Technical: Aerial photos - Two state txacts (semi-annually) CAD time (each season) Digital overlays to show changes (each season) ...................... $6,600.00 Office: Letter report development (3 days) ............................................... $2,400.00 Professional report development (1 days) ....................................... $1,000.00 Reproduction ......................................................................... $500.00 QA/QC ............................................................................... $1,000.00 Project Management ............................................................... $1,000.00 Year 1 Subtotal ................................................................... $23,500.00 C. SUBSEQUENT YEARS: Years 2 through 5: No monitoring occurs at the reference/control site. No survey work takes place at this site unless significant changes are observed via aerial photographs. Surveyors: Set markers ...................................................... $3,000.00/yr Biologist: Interpret aerials Analyze Tide gauges ................................................... $3,600.00/yr 3 Revi~e~d lO/11/09 Technical: Aerial photos - Two state tracts (semi-annually) GIS time (each season) Overlays to show changes ............................................ $6,600.00/yr Office: Letter report development (2 days) .................................. $1,600.00/yr Professional report development (1 days) ........................... $800.00/yr Reproduction ............................................................ $500.00/yr QA/QC ................................................................... $1,000.00/yr Project Management ................................................... $1,000.00/yr Subtotal .............................................................. $18,100.00/yr Year 1 Baseline ................................................................... $23,500.00 Years 2 through 5 ............................................................... $81,914.00 Total Reference site cost with the 5% inflationary cost ............................... $105,414.00 Total MBCHC target site cost with the 5% inflationary cost .................... $436,449.00 Total estimated costs for the MBCHC and the Reference / Control Site (with the 5% annual charge for inflationary purposes) ................... Highlighted areas: costs are still being verified. 4 Revi~ed lO/11/f~? RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE COASTAL LEASE NO. CL20020005 WITH THE STATE OF TEXAS FOR THE NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT (PACKERY CHANNEL PROJECT) AND IMPLEMENT PROJECT MITIGATION AND THE MEMORANDUM OF UNDERSTANDING REGARDING THE MONITORING OF THE MOLLIE BEATTIE COASTAL HABITAT COMMUNITY AND MOLLY BEATTIE METHODOLOGY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute Coastal Lease No. CL2002005, with the State of Texas, for a 653.767 acre portion of State Tracts Numbers 50, 60, 61,907S, 1, 4, and 5, Laguna Madre, and the Gulf of Mexico, Nueces County, Texas, for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (Packery Channel project). SECTION 2. Subject to the availability of appropriations, the City Manager is directed to take the actions necessary to implement project mitigation and the Memorandum of Understanding Regarding the Monitoring of the Mollie Beattie Coastal Habitat Community and Molly Beattie Methodology, which is incorporated into the Coastal Lease No. CL20020005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 74 day of November, 2002 Samuel L. Neal, Jr. Mayor Jam'~sxl~. Bray, City Afforney 35 CITY COUNCIL AGENDA MEMORANDUM October 11, 2002 AGENDAITEM: Ordinance by the City Council of the City of Corpus Christ, Texas, providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, in an aggregate principal amount not to exceed $35,000,000 and ordaining other matters relating to the subject. ISSUE: On June 29, 1999, the City Council adopted an ordinance to impose an additional two percent Municipal Occupancy Tax to finance the renovation and expansion of the Convention Center. These bonds will be paid for by a pledge of the two percent Municipal Occupancy Tax and also have a general obligation pledge of the City and its ad valorem taxes sufficient for payment of debt service. REQUIRED COUNCIL ACTION: City Council approval of the Ordinance providing for the issuance of $31,490,000 City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, and ordaining other matters relating to the subject. PREVIOUS COUNCIL ACTION: On April 17, 2001, City Council approved a motion that approved the selection of the Financial Advisor, M. E. Allison & Co., Inc.; Senior Managing Underwriter, A. G. Edwards; Co-Managing Underwriter, Loop Capital Markets; and Bond Counsel, McCall, Parkhurst, & Horton. On September 24, 2002, City Council approved Resolution # 025031 expressing official intent to publish notice of intention to issue City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002; for the purpose of funding renovations and improvements to the Convention Center. RECOMMENDATION: City Staffrecommends approval of the Ordinance providing for the issuance of $31,490,000 City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, and ordaining other matters relating to the subject. (Del~{~tment Head Signature) BACKGROUND INFORMATION On November 7, 2000, voters approved the 1/8-cent sales tax increase for a multi-purpose arena facility for $25,000,000-$35,000,000. On April 17, 2001, City Council approved a motion that approved the selection of the Financial Advisor, M. E. Allison & Co., Inc.; Senior Managing Underwriter, A. G. Edwards; Co-Managing Underwriter, Loop Capital Markets; and Bond Counsel, McCall, Parkhurst, & Horton. On September 9, 2002, City Council approved a Resolution expressing official intent to reimburse costs of Corpus Christi Convention Center Improvement Project. On September 29, 2002, notice was published in the Corpus Christi Caller-Times of the intention to issue City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002; for the purpose of funding renovations and improvements to the Convention Center. ORDINANCE NO. ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $31,490,000 CITY OF CORPUS CHRISTI, TEXAS, COMBINATION TAX AND MUNICIPAL HOTEL OCCUPANCY TAX REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002, AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, on the 24th day of September, 2002, the City Council of the City of Corpus Ctuis6, Texas (the "City" or the "Issuer") passed a resolution authorizing and directing notice of its intention to issue the Certificates of Obligation herein authorized to be issued, to be published in a newspaper as required by Section 271.049 of the Texas Local Government Code; and WHEREAS, said notice was published on October 5, 2002 and October 12, 2002 in the Corpus Christi Caller-Times, a "newspaper" as described in Section 2051.044, Texas Government Code, as amended, all as required by Section 271.049 of the Texas Local Government Code; and WHEREAS, no petition, signed by 5% of the qualified electors of said City as permitted by said Section 271.049 of the Texas Local Government Code protesting the issuance of such Certificates of Obligation, has been tiled with the City; and WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and delivered pursuant ~ Subehapter C of Chapter 271 of the Texas Local Government Code; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. AUTItORIZATION OF CERTIFICATES OF OBLIGATION. That the Certificates of Obligation to be issued by the City, designated the "City of Corpus Christi, Texas, CombinationTax and Municipal Hotel Occupancy Tax Certificates of Obligation, Series 2002", are hereby authorized to be issued and delivered in the principal amount of $31,490,000, for the purpose of providing part of the funds for paying contractual obligations to be incurred by the City, to-wit: the acquisition of land and the enlarging, equipping and repairing of, and construction of improvements to, the City's Convention Center located at 1901 N. Shoreline Boulevard; the construction of related street and drainage improvements; and the payment for fiscal, engineering and legal fees incun'ed in connection therewith. The Convention Center is a "convention center facility", as said term is defined in Section 351.001, Texas Tax Code. The City is a municipality that borders on the Gulf of Mexico and has a population of more than 250,000, and is a mtmicipality described in Sections 351.003(c) and 351.107, Texas Tax Code. The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates of Obligation initially issued and delivered pursuant to this Ordinance and ail substitute Certificates of Obligation exchanged therefor, as well as all other substitute Certificates of Obligation and replacement Certificates of Obligatiun issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That said Certificates of Obligation shall initially be issued, sold and delivered hereunder as fully registered certificates, without interest coupons, dated October 15, 2002, in the respective denonUnafions and principal amounts hereinatter stated, numbered consecutively from R- 1 upward, payable to the respective initial registered owners thereof (as designated in Section 16 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (m each case, the "Registered Owner"), and said certificates shall mature and be payable on September 1 in the years and amounts as set forth below, to-wit: YEARS AMOUNTS($) YEARS 2003 980,000 2013 1,555,000 2004 1,030,000 2014 1,630,000 2005 1,075,000 2015 1,705,000 2006 1,130,000 2016 1,785,000 2007 1,180,000 2017 1,870,000 2008 1,235,000 2018 1,960,000 2009 1,295,000 2019 2,050,000 2010 1,355,000 2020 2,145,000 2011 1,420,000 2021 2,250,000 2012 1,485,000 2022 2,355,000 For purposes of this Ordinance, the Certificates of Obligation maturing on September 1, 20 are hereby designated as "Term Certificates". Section 3. REDEMPTION. (a) Optional Redemption. That the City reserves the right to redeem the Certficates maturing on or after September 1,201._, at the par value thereof plus accrued interest, in whole or in part, in the principal amount of $5,000 or any integral multiple thereof, on September 1, 201_, and on any date thereafter. The years of maturity of the Certificates called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar. The Certificates are subject to mandatory redemption as provided in the FORM OF CERTIFICATES. (b) Mandatory Redemption. The Certificates [are][are not] subject to mandatory sinking fund redemption [prior to their scheduled maturities as provided in the FORM OF CERTIFICATES]. (c) Notice. At least 30 days prior to the date fixed for any such redemption, (i) a written notice of such redemption shall be given to the registered owner of each Certificate or a portion thereof being called for redemption by depositing such notice in the United States mail, first-class postage prepaid, in the -3- name of the City and at the City's expense addressed to each such registered owner at his address shown on the registration books of the Paying Agent/Registrar and (ii) notice of such redemption shall be published one (1) time in a financial journal or publication of general circulation in the United States of America canying as a regular feature notices of municipal bonds called for redemption; provided, however, that the failure to send, mail, or receive such notice described in (i) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and it is hereby specifically provided that the publication of notice described in (ii) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificates. By the date fixed for any such redemption due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, the Certificates, or the portions thereof, which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after the date fixed for their redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fnxed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. Ire Paying Agent~egistmr shall record in the registration books all such redemptions of principal of the Certificates or any portion thereof. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, beating interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in this Ordinance. Section 4. INTEREST. That the Certificates shall bear interest from the date specified in the FORM OF CERTIFICATE to their respective dates of maturity or redempfon prior to maturity at the following rotes per annam: maturities 2003, % maturities 2013, % maturities 2004, % maturities 2014, % maturities 2005, % maturities 2015, % maturities 2006, % matudties 2016, % maturities 2007, % maturities 2017, % maturities 2008, % maturities 2018, % maturities 2009, % matm-ities 2019, % maturities 2010, % maturities 2020, % maturities 2011, % maturities 2021, % maturities 2012, % maturities 2022, % Said interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE. Section 5. CHARACTERISTICS OF THE CERTIlelCATES. (a) The City shall keep or cause to be kept at the corporate trust office in Dallas, Texas (the "Designated Trust Office") of JPMorgan Chase Bank (the "Paying AgenffRegistrar"), or such other bank, Imst company, financial institution, or other agency named in accordance with the provisions of (g) of this Section hereof, books or records of the registration and transfer of the Ce~ificates (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its regisWar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the City and Paying Agent/Registrar may -5- prescribe; and the Paying Agent/Regislmr shall make such Iransfers and registrations as herein provided. The City Manager or the designee thereof is hereby authorized to execute a "Paying AgenffRegisa'ar Agreement" in such form as is approved by the City Attorney. It shall be the duty of the Paying Agent/Registrar to obtain from the registered owner and record in the Registmfon Books the address of such registered owner of each certificate to which payments with respect to the Certificates shall be mailed, as herein provided. The City or its designee shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in the RegisWation Books only upon presentation and surrender of such certificate to the Paying Agent?Registrar at the Designated Trust Office for transfer of regislration and cancellation, together with proper written inslnanents of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing the assignment of such certificate, or any portion thereof in any integral multiple of $5,000 denomination to the assignee or assignees thereof, and the right of such assignee or assignees to have such certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute certificate or certificates shall be issued in exchange therefor in the manner herein provided. (b) The entity in whose name any Ce~dficate shall be registered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such certificate shall be overdue, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premim, if any, and interest on any such -6- certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such certificate to the extem of the sum or sums so paid. (c) The City hereby further appoints the Paying Agent~Regiitrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to exchange or replace Certificates, all as provided m this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Certificates, and of all exchanges of such certificates, and all replacements of such certificates, as provided in this Ordinance. (d) Each Certificate may be exchanged for fully registered certificates in the manner set forth herein. Each certificate issued and delivered pursuant to this Ordinance, to the extent of the unredeemed principal amount thereof, may, upon surrender of such certificate at the Designated Trust Office of the Paying Agent/Registrar, together with a whtten request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or theh- duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent~Registmr, at the option of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF CERIIFICATE, in the denomination of $5,000, or any integral multiple thereof (subject to the requirement hereinafter stated that each substitute certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. Ifa portion of any Certificate shall be redeemed prior to its scheduled maturity as provided herein, a substitute certificate or certificates having the same maturity date, beating interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Certificate or portion thereof is assigned and transferred, each certificate issued in exchange therefor shall have the same maturity date and bear interest at the same rote as the certificate for which it is being exchanged. Each substitute certificate shall bear a letter and/or number to distinguish it from each other certificate. The Paying Agent/Registrar shall exchange or replace Certificates as provided herein, and each fully registered certificate or certificates dehvered in exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of th/s Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Certificate delivered in exchange for or replacement of another Certificate prior to the first scheduled interest payment date on the Certificates (as stated on the face thereof) shall be dated the same date as such Certificate, but each substitute certificate so delivered on or after such fa'st scheduled interest payment date shall be dated as of the interest payment date preceding the date on which such substitute certificate is delivered, unless such substitute certificate is delivered on an interest payment date, in which case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute certificate the interest on the Certificate for which it is being exchanged has not beenpaid, then such substitute certificate shall be dated as of the date to which such interest has been paid in full. On each substitute certificate issued in exchange for or replacement of any Certificate or Ce~ficates issued under this Ordinance there shall be printed thereon a Paying Agent/Registrags Authentication Certificate, in the form hereinafter set forth. An authorized representative of the Paying AgenffRegistmr shall, before the delivery of any such substitute certificate, date such substitute certificate in the manner set forth above, and manually sign and date such Authentication Certificate, and no such substitute certificate shall be deemed to be issued or outstanding unless such Authentication Certificate is so executed. The Paying Agent/Registrar promptly shall cancelall Certficates surrendered for exchange or replacement. No addi- tional ordinances, orders, or resolutions need be passed or adopted by the City Council or any other body or person so as to accomplish the foregoing exchange or replacement of any Certficate or porton thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute certificates in the mariner prescribed herein. Pursuant to Chapter 1206, Texas Government Code, the duty of exchange or replacement of any Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Paying Agent/]Registrars Authentication Certificate, the exchanged or replaced certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates which originally were delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. Neither the City nor the Paying Agent/Registrar shall be required ( 1 ) to issue, transfer, or exchange any Certificate during a period be~unmg at the opening of business 30 days before the day of the first mailing of a notice of redemption of Certificates and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Certificate so selected for redemption in whole when such redemption is scheduled to occur within 30 calendar days. (e) All Certificates issued in exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to their sched- -9- uled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates shall be payable, all as provided, and in the manner required or indicated, in the FORM OF CERTIFICATE. (O The City shall pay all of the Paying Agent/Registrars reasonable and customary fees and charges for making transfers and exchanges of Certificates, but the registered owner of any Certificate requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. In addition, the City hereby covenants with the registered owners ofthe Certificates that it will (i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Cex~dficates, when due, and (ii) pay the fees and charges of the Paying AgentiRegish'ar for services with respect to the transfer or registration of Ce~ficates solely to the extent above provided, and with respect to the exchange of Ce~ficates solely to the extent above provided. (g) The City covenants with the registered owners of the Ce~h~'icates that at all times while the Certificates are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the entity at any time acting as Paying AgenfRegistrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified national -10- or state banking institution which shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, and whose qualifications substantially are similar to the previous Paying Agent/Registrar to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agen~fRegistrar promptly shall transfer and deliver the registration books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying AgenVRegistrar, the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States Mail, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF CERTIFICATES. ~lmt ~he form of the Certificates, including the form of Paying Agent~egJstrafs Authentication Certificate, the form of Assigmnent and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be in substantially the form as set forth in Exhibit A to this Ordinance, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. The printer of the Ce~flcates is hereby authorized to print on the Certificates (i) the form of bond counsel's opinion relating to the Certificates, and (ii) an appropriate statement of insurance fianished by a municipal bond insurance company providing municipal bond insurance, if any, covering all or any part of the Certificates. Section 7. DEFINITIONS. That the term "Series 1994-A Certificates of Obligation" shall mean the City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 1994-A, dated December 15, 1994, and currently outstanding in the aggregate principal amount of $525,000; the term "Series 1994-B Certificates of Obligation" shall mean the City of Corpus Ctuisti, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 1994-B, dated December 15, 1994, and currently outstanding in the aggregate principal amount of $525,000; and the term "Code" shall mean the Internal Revenue Code of 1986, and any amendment thereto. Section 8. INTEREST AND SINKING FUND. That a special fund or account, to be designated the "City of Corpus Christi, Texas Series 2002 Combination Tax and Municipal Hotel Occupancy Tax Certificate of Obligation interest and Sinking Fund" is hereby created and shall be estab- lished and maintained by the City at its official depository. Said interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said Certificates. Any accrued interest and original issue premium derived f~om the sale of the Certificates shall be deposited to the credit of said interest and Sinking Fund. All ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governing body of said City shall compute and ascertain the rote and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquen- -12- cies and the cost of tax collections, which will be sufficient to raise and produce the money required to pay the interest on said Ce~iflcates as such interest comes due, and to provide a sinking fired to pay the princi- pal of said Certificates as such principal matures, but never less than 2% of the original amount of said Cer- tificates as a sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied against all taxable property in said City for each year while any of said Certificates are outstanding and un- paid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes necessary to pay the interest on and principal of said Certificates, as such interest comes due and such principal matures or comes due through operation of the mandatory sinking fund redemption to the extent provided in the FORM OF CERTIFICATE, are hereby levied and ordered to be levied and pledged for such payment, within the limit prescribed by law. There shall be appropriated fi'om the General Fund to deposit into the Interest and Sinking Fund moneys as may be necessary to pay the first scheduled interest payment on the Certificates of Obligation. Section9. REVENUES. That the Cextifieates of Obligation are additionally secured by and shall be payable fi.om and secured by the revenues from the municipal hotel occupancy tax charged and collected by the City under authority of Section 351.003(c), Texas Tax Code, remaining after payment of all other obligations now or hereafter payable therefrom (including, without limitation, the Series 1994-A Certificates of Obligation and the Series 1994-B Ceaificates of Obligation), constituting "Available Hotel Occupancy Taxes". The Available Hotel Occupancy Taxes are pledged by the City pursuant to authority of Chapter 351, Texas Tax Code, including specifically, but not by way of limitation, that pot'don of the mtmicipal hotel occupancy tax charged in excess of seven pement of the price of a hotel mom in the City, pursuant to and consistent with the provisions of Section 351.107, Texas Tax Code, which prior to the date of the adoption of this Ordinance has not been encumbered. The Issuer shall deposit such Available Hotel Occupancy Taxes to the credit of the Interest and Sinking Fund created pursuant to Section 8, to the extent necessary to pay the principal and interest on the Certificates of Obligation. Notwithstanding the require- ments of Section 8, if Available Hotel Occupancy Taxes are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 8 may be reduced to the extent and by the amount of the Available Hotel Occupancy Taxes then on deposit in the Interest and Sinking Fund or budgeted for deposit herein. Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish the Wansfer of monies to the Interest and Sinking Fund of this issue in ample time to pay such items of principal and interest. Section 11. SECURITY FOR FUNI)S. That the Interest and Sinking Fund created by this Ordinance shall be secured in the manner and to the fullest extent permitted or required by law for the security of public flmds, and such Fund shall be used only for the purposes and in the manner permitted or required by this Ordinance. Chapter 1208, Texas Government Code, applies to the issuance of the CeiXificates and the pledge of ad valorem taxes and the Available Hotel Occupancy Taxes granted by the City under Sections 8 and 9, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Certificates are outstanding and unpaid such that the pledge of the ad valorem taxes and Available Hotel Occupancy Taxes granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Certificates the perfection of the secmity interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 12. DEFEASANCE OF CERTIFICATES. (a) Defeased Certificates. That any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Ce~ficate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such tkne as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Cerhficate and the interest thereon shall no longer be secured by, payable fi.om, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and pledged as provided in tiffs Ordinance, and such principal and interest shall be payable solely fi.om such money or Defeasance securities. Notwithstanding any other provision of this Ordinance to the conia'ary, -15- it is hereby provided that any determinahon not to redeem Defeased Certificates that is made in conjunction withthe payment arrangements specified in subsection 12(a)(i) or (ii) shall not be irrevocable, provided that in the proceedings providing for such payment arrangements, the Issuer expressly (1) reserves the right to call the Defeased Ceflificates for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Investment in Defeasance Securities. Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the mounts and 6rnes as hereinbefore set forth, and all income bom such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Sectmties are held for the payment of Defeased Certificates may contain provisions permitting the invesanent or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 12(aXi) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Cei~ificates, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) Defeasance Securities Defined. The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrarnentality of the United States of America, including obligations that are unconditionally guaranteed or insmed by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nafonally recognized investment rating finn not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refimded and that, on the date on the date the governing body of the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (d) Paying Agent/Registrar Services. Until all Defeased Certificates shall have become due and payable, the Paying AgenffRegistrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as reqmred by this Ordinance. Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. Itmt in the event any outstanding Ceflificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Ceffificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. That apphcation for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction ora Ceflificate, the registered owner applying for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar such security or -17- indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or des~'uctlon of a Certificate, the registered owner shall fumish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of or interest on this Ceaificate, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement certificate, provided sectmty or indemnity is furnished as above provided in this Section. (d) ChargeforlssuingReplacement Certificates. That prior tothe issuance ofanyreplacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Evew replacement certificate issued prat to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits ofthis Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) AuthorityforlssuingReplacement Certificates. That in accordance with Chapter 1206, Texas Government Code, this Section of this ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the City or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance for Certificates issued in conversion and exchange of other Certificates. Section 14. COVENANTS REGARDING TAX EXEMPTION. That the City covenants to refrain fi'om any action which would adversely affect, or to take such action as to ensure, the treatment of the Certificates of Obligation 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 City covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates of Obligation (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than l0 percent of the proceeds are so used, that amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates of Obligation, in contravention of Section 141 (b)(2) of the Code; (b) 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 Certificates of Obligation (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a private business use which is related and not disproportionate, within the meamng of Section 141(b)(3) of the Code, to the governmental use; -19- (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Certificates of Obligation (less amotmts deposited inlo a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of Section 141(c) of the Code; (d) to refrain from taking any action which would other, vise result in the Certificates of Obligation being lxeated as "specified private activity bonds" within the meanmg of Section 141(b) of the Code; (e) to refiain from taking any action that would result in the Certificates of Obligation being "federally guaranteed" within the meaning of section 1490o) of the Code; (0 to refrain from using any pordon of the proceeds of the Certificates of Obligation, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in Section 148(bX2) of the Code) which produces a matemlly higher yield over the term of the Certificates of Obligation, other than investment property acquired with - (1) proceeds of the Ceflificates of Obligation invested for a reasonable temporary period of three years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the certificates of obligation are issued, (2) amounts invested in a bona fide debt selMce fund, within the meaning of Section 1.148-1(b) of the Treasury Regulations, and (3) mounts deposited m any reasonably required reserve or replacement fund to the extent such mounts do not exceed 10 percent of the proceeds of the Certificates of Obligation; (g) to otherwise restrict the use of the proceeds of the Certificates of Obligalion or amounts treated as proceeds of the Ceaificates of Obligation, as may be necessary, so that the Ce~ificates of Obligation do not otherwise con~avene the requirements of Secfinn 148 of the Code (relating to arbiuage) and, to the extem 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 (beginning on the date of delivery of the Cerfficates of Obligation) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meamng of Section 148(0 of the Code and to pay to the United States o£America, not later than 60 days aiter the Certificates o£Obligaton have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under Section 14g(f) of the Code. For purposes of the £oregomg (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (it any) and proceeds of the refunded bonds expended prior to the date of issuance ofthe Certificates of Obligation. It is the understanding ofthe City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasmy pursuant thereto. In the event that regulations or ruling are hereafter promulgated which modifiy or expand provisions of the Code, as applicable to the Certificates of -21- Obligation, the City will not be required to comply with any covenant contained heroin to the extent that such failure to comply, in the opimon of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates of Obligation under Section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Ceaificates of Obligation, the City agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption fi'om federal income taxation of interest on the Certificates of Obligation under Section 103 of the Code. In furtherance of such retention, the City hereby authorizes and directs the Mayor, the City Manager and the Director of Financial Services to execute any documents, centificates or reports required by the Code, and to make such elections on behalf of the City which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates of Obligation. In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established by the City for the sole benefit of the Umted States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 15. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. Ihat the Mayor of the City is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon regislration of the Certifi- cates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certficate attached to such Certficates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Comptrollers Registration Certificate. Section 16. SALE OF CERTIFICATES. (a) Sale to Underwriter. That the sale of the Certficates to A.G. Edwards & Sons, Inc., as representative for the underwriters named in the Bond Purchase Agreement (the "Purchase Agreement") between the City and the underwriters named therein ( the "Underwriters"), at the purchase price described in the Purchase Agreement, is hereby authorized, ratified and confirmed. One Certficate in the principal amount maturing on each maturity date as set forth in Section 2 hereof shall be delivered to the Underwriters, and the Underwriters shall have the right to exchange such certficates as provided in Section 5 hereof without cost. (b) Execution of Purchase Agreement. That the Purchase Agreement setting forth the terms of the sale of the Certificates to the Underwriters, in substantially the form attached to this Ordinance, is hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. Section 17. APPROVAL OF OFFICIAL STATEMENT. That the "Official Statement" prepared in connection with the sale of the Bonds, in substantially the form attached to this Ordinance, are hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. The use of the "Preliminary Official Statement" prepared in connection with the sale of the Bonds is hereby ratified. Section 18. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Secuhties Rulemaking Board. "NRMSIR" means each person whom the SEC or its staffhas determined to be a nationally recognized municipal securities information repository wittfin the meaning of the Rule liom time to time. -23- "Rule" means SEC Rule 15c2-12, as mended fi.om time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule flora time to time. (b) Annual Reports. (i) The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2003, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 17 of this Ordinance, being the information described in Exhibit B hereto. Any financial statements so to be provided shall be ( 1 ) prepared in accordance with the accounting pfin(~ples described in Exhibit B hereto, or such other accounting principles as the City may be required to employ fi.om time to time pursuant to state law or regulation, and (2) audited, if the City commisf~ons an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide unaudited financial statements by the required lime, and shall provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data p~t to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering -24- document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any S1D or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates of Obligation, if such event is material within the meamng of the federal securities laws: 2. 3. 4. 5. 6. 8. 9. 10. 11. Principal and interest payment delinquencies; Non-payment related defaults; Unscheduled draws on debt service reserves reflecting financial difficulties; Unscheduled draws on credit enhancements reflecting financial difficulties; Substitution of credit or liquidity providers, or their failure to perform; Adverse tax opinions or events affecting the m-exempt status of the Certificates of Obhgation; Modifications to lights of holders of the Certificates of Obhgation; Certificates of Obhgation calls; Defeasances; Release, substitution, or sale of property secUring repayment of the Certificates of Obhgation; and Rating changes. The City shall notify any SID and either each NRMS1R or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection 0o) of this Sechon by the time required by such subsection. (d) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remams an "obligated person" with respect to the Certificates of Obligation within the meaning of the Rule, except that the City in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Certificates of Obhgation no longer to be outstanding. -25- (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Cettificate_s of Obligation, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other informahon that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or waxranty concerning such information or its usefulness to a decision to invest in or sell Certificates of Obligation at any furore date. (iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the City in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. -26- Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. (v) The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, sums, or type of operations of the City, but only if(l) the provisions of this Section, as so amended, wonld have permitted an underwriter to purchase or sell Certificates of Obligation in the primary offering of the Certificates of Obligation in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circmnstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Oidinance that authorizes such an amendment) of the outstanding Certificates of Obhgafion consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally mcogmzed bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates of Obligation. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative roma, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates of Obligation in the primmy offering of the Cextificates of Obligation. -27- Section 19. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. That the Issuer covenants to account for the expenditure of proceeds from the sale of the Certificates and any mvestxnent earnings thereon to be used for the proposes described in Section 1 of this Ordinance (each such purpose referred to hereto and Section 20 hereof as a "Project") on its books and records by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on a Project is made or (b) each such Project is completed. The foregoing notwithstanding, the Issuer shall not expend such proceeds or investment eamings more than 60 days after the later of (a) the fifth anniversary of the date of delivery of the Certificates or Co) the date the Certificates are retired, unless the Issuer obtains an opimon of nationally-recognized bond counsel substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the Ce~ficates. Section 20. DISPOSITION OF PROJECT. That the Issuer covenants that the property constituting a Project will not be sold or otherwise disposed in a Wansaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recoginzed bond counsel substantially to the effect that such sale or other disposition w/Il not adversely affect the tax-exempt status of the Certificates. Section 21. DTC REGISTRATION. That the Cerlificates of Obligation initially shall be issued and delivered in such manner that no physical distribution of the Cefl/ficates of Obligation will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Certificates of Obligation. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commemial Cede, and a "cleanng agency" registered under Section 17A of the Securities Exchange Act of 1934, as amended, and -28- the City accepts, but in no way verifies, such representations. The Certificates of Obligation initially authorized by this Ordinance shall be delivered to and registered in the name of CEDE & CO., the nominee of DTC. It is expected that DTC will hold the Certificates of Obligation on behalf ofthe Underwriters and their respective paxticipants. So IongaseachCertficate ofObligafionis registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC the same in all respects as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book-entW system which will identify ownership of the Certificates of Obligation in integral amounts of $5,000, with tlansfers of ownership being effected on the records of DTC and its participants pursuant to rules and regulations established by them, and that the Ce~ficates of Obligation initially deposited with DTC shall be immobilized and not be further exchanged for substitute Certificates of Obligation except as hereinafter provided. The City is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or revieWing the records of DTC or its participants, or protecting any interests or rights of the beneficial owners of the Certificates of Obligation. It shall be the duty of the DTC Participants, as defined in the Official Statement herein approved, to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Certificates of Obligation, and the method of paying the fees and charges of DTC. The City does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered Cert/ficales of Obligation is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Certficates of Obligation will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be -29- maintained for such Cert ficates of Obligation. In connection with the initial establishment of the foregoing book-entry system with DTC, the City heretofore has executed a "Blanket Letter of Representations" prepared by DTC in order to implement the book-entry system described above. Section22. INTERESTEARNINGS. lnteresteamings derived fromtheinvestment ofproceeds fi.om the sale of the Certficates shall be used along with other proceeds for the construction of the permanent improvements set forth in Section 1 hereof for which the Certificates are issued; provided that after completion of such permanent improvements, if any of such interest eamings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on proceeds which are required to be rebated to the United States of America pursuant to this Ordinance hereof in order to prevent the Certficates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 23. CONFLICTING PROCEEDINGS. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. Section24. OI~'I~ICIALS AUTHORIZED TO ACT ON BEIIALF OF THE CITY. That the Mayor, the City Secretary, the City Manager, any Assistant City Manager or the Director of Financial Services of the City, and all other officers, employees, and agents of the City, and each of them, shall be and they are hereby expressly authorized, empowered, and directed fi.om time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the offering documents prepared in connection with the sale of the Certficates, or the Paying Agent/Registrar Agreement. In case any officer whose signature appears on any Certificate shall cease to -30- be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. Section 25. RULES OF CONSTRUCTION. That for all proposes of this Ordinance, unless the context requires othenvise, all references to designated Sections and other subdivisiom are to the Sections and other subdivisions of this Ordinance. The words "herein", "hereof' and 'hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart the singular number shall be considered to include the plural number and vice versa. References to any named person means that party and its successors and assigns. References to any constitutional, statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to include the payment of any mandatory sinking fund redemption payments as described hereto. Any reference to "FORM OF CERTIFICATE" shall refer to the form of the Certificates set forth in Exhibit A to this Ordinance. The titles and headings of the Sections and subsections of this Ordinance have been inserted for convenience of reference only and are not to be considered a pa~ hereof and shall not in any way modify or restrict any of the terms or provisions hereof. Section 26. IMMEDIATE EFFECT. That in accordance with the provisions of V.T.C.A, Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. -31- ADOPTED this 29th day of October, 2002. Al'lEST: Mayor, City of Corpus Christi, Texas City Secretary, City of Corpus Christi, Texas (SEAL) APPROVED AS TO FORM AND LEGALITY: ~k-t.. ~ Christi, Texas ~.-.~k. City Attorney, -32- FORM OF CERTIFICATE NO. R- UNITED STATES OF AMERICA $ STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND MUNICIPAL HOTEL OCCUPANCY TAX REVENUE CERTIFICATE OF OBLIGATION SERIES 2002 RI SUE -E CUSIP ON THE MATURITY DATE specified above, THE CITY OF CORPUS CHRISTI, TEXAS (the "City" or the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to (hereinafter called the "registered owner") the principal mount of DOLLARS and to pay interest thereon from the Original Issue Date specified above, on March 1, 2003, and seaniannually on each September 1 and March 1 thereafter to the maturity date specified above or the date of its redemption prior to scheduled maturity, at the interest rote per annum specified above; ex- cept that if this Certificate is required to be authenticated and the date of its authentication is later than March 1, 2003, such interest is payable semiannually on each September 1 and March 1 following such date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Ceaificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the corporate trust office in Dallas, Texas (the "Designated Trust Office") of JPMorgan Chase Bank (the "Paying Agent/Registrar"). The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying AgentdRegistrar at the close of business on the 15th day of the month next preceding such interest payment date by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer reqmred to be on deposit with the Paying Agent/Registrar for such propose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. The Issuer covenants with the registered owner of this Certificate that no later than each principal payment and/or interest payment date for this Certificate it will make available to the Paying Agent/Registrar from the Interest and Sinking Fund as defined by the ordinance authorizing the Certficates (the "Certificate Ordinance") the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certficates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated Trust Office of the Paying Agent/Registrar is located ate authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking imfitutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. Notwithstanding the foregcfmg, during any period in which owuemhip of the Certificates is determined only by a book entry at a securities depository for the Certificates, any payment to the securities depository, or its nominee or registered assigns, shall be made in accordance with existing arrangements between the Issuer and the securities depository. THIS CERTIFICATE is one of a Series of Certificates (the "Certificates") dated the Original Issue Date specified above, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $31,490,000 FOR THE PURPOSE OF PROVIDING PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR THE CITY, TO-WIT: the acquisition of land and the enlarging, equipping and repairing of, and construction of improvements to, the City's Convention Center located at 1901 N. ShorelIne Boulevard; the consm~ction of related street and drainage improvements; and the payment for fiscal, engineering and legal fees incmxed in connection therewith. ON SEPTEMBER 1,201_, or on any date thereafter, the Certificates of this Series maturing on September 1, 201_ and thereafter may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part (provided that a portion of a Certificate may be redeemed only in an integral mnitiple of $5,000), at par and accrued interest to the date fixed for redemption. The years of maturity of the Certificates called for redemption at the option of the Issuer prior to stated maturity shall be selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar; provided, that during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and beating such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. THE CERTIFICATES are also subject to mandatory redemption in part by lot pursuant to the terms of the Certificate Ordinance, on September 1 in each of the years 20~ and 204 inclusive, with respect to Certificates maturing September 1, 20__, in the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year Principal Amount *Final Maturity To the extent, however, that Certificates subject to sinking fund redemption have been previously purchased or called for redemption in part and otherwise than fi.om a sinking fund redemption payment, each annual sinking fund payment for such Certificate shall be reduced by the amount obtained by multiplying the principal amount of Certificates so purchased or redeemed by the ratio which each remaining sinking fund redemption payment for such Certificates bears to the total remaining sinking fund payments, and by rounding each such payment to the nearest $5,000 integral; provided, that during any period in which ownership of the Certificates is determmed only by a book entry at a securities depositoW for the Certificates, the particular Certificates to be called for mandatory redemption shall be selected in accordance with the arrangements between the Issuer and the secmifies depository. AT LEAST 30 days prior to the date fixed for any such redemption, (a) a written notice of such redemption shall be given to the registered owner of each Ceaificate or a portion thereof being called for redemption by depositing such notice in the United States mail, first-class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books of the Paying Agent/Regislrar and (b) notice of such redemption shall be published one (1) time in a financial journal or publication of general circulation in the United States of America canying as a regular feature notices of municipal bonds called for redemption, provided, however, that the failure to send, mail, or receive such notice described in (a) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and the Certificate Ordinance provides that the publication of notice as described in Co) above shall be the only notice actually required in cormection with or as a prerequisite to the redemption of any Certificates. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying AgenfRegistrar for the payment of the required redemption price for this Certificate or the portion hereof which is to be so redeemed, plus accmed interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest alter the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus aecmed interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of this Certificate or any portion hereof. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, beating interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, ail as provided in the Certificate Ordinance. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper insmnnents of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/R. egistiar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose narne or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certficate may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the registered owner. The Issuer shall pay the Paying AgenffR. egistra~s reasonable standard or customary fees and charges for transferring and exchanging any Certificate or poition thereof. In any circumstance, any taxes or govermmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying Agent/Registrar shall be required ( 1 ) to make any transfer or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of certficates and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any certificates so selected for redemption when such redemption is scheduled to occur within 30 calendar days. WHENEVER the beneficial ownership of this Bond is determmed by a book entry at a securities depository for the Certificates, the foregoing requu'ements of holding, delivering or tmnsfening this Certificate shall be modified to require the appropriate person or entity to meet the requirements of the securities depository as to registering or ~ansfening the book entry to produce the same effect. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certficate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a direct obligation of the City, issued on the full faith and credit thereof; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limit prescribed by law; and that the "Available Hotel Occupancy Taxes" (as defined in the Certificate Ordinance) remaining after payment of all other obligations now or hereafter payable therefrom, as provided in the Certificate Ordinance, have been pledged as additional security for the Certificates. IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the Mayor of the City, attested by the manual or facsimile signature of the City Secretary of the City, and the official seal of the City has been duly affixed to, impressed, or placed in facsimile, on this Certificate. City Secretary, City of Corpus Christi, Texas Mayor, City of Corpus Christi, Texas (SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGtSTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate of Obligation; and that this Certificate of Obligation has been issued in exchange for or replacement of a certificate of obligation, certificates of obligation, or a portion of a cen'ificate of obligation or certificates of obligation of an issue which ohginally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated JPMorgan Chase Bank Dallas, Texas By Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and a'ansfers unto (Please insert Social Security or Taxpayer Identification Number of Transferee) / / (Please print or typewrite name and address, including zip code of Transferee) the within Certificate of Obligation and all fights thereunder, and hereby irrevocably transfer of the within Certificate of Obligation on books kept for registration thereof, with full power of substitution in the premises. constitutes and appoints attorney to register the Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member finn of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Certificate of Obligation in every particular, without alteration or or enlargement or any change whatsoever. *FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE CERTIFICATES UPON INITIAL DELIVERY THEREOF OFFICE OF COMPTROLLER STATE OF TEXAS REGISTER NO. I hereby certify that there is on file and of record in my office a ceaificate of the Attorney General of the State of Texas to the effect that this Certificate has been examined by him as required by law, and that he finds that it has been issued in conformity with the Consftu6on and laws of the State of Texas, and that it is a va[id and binding obligation of the City of Corpus Christi, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Ceaificate has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas this (SEAL) Comptroller of Public Accounts of the State of Texas NOTE TO PRINTER: *¶ not to be on certificate Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 18 of this Ordinance. Annual Financial Statements and _Operating Dat~ The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: Appendix A, under the headings: "Debt Payable from Taxes", "General Fund Revenues", "General Expenses", "Ad Valorem Taxes", "Municipal Hotel Occupancy Taxes", "Sohd Waste Operations", and 'Whe Tax Increment Financing Act"; and Appendix C, "Combined Financial Statements of the City of Corpus Chris6, Texas for the Fiscal Year ended July 31, 2001. Accountme Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. THE STATE OF TEXAS : COUNTY OF NUECES : CITY OF CORPUS CHRISTI : 1, the undersigned, City Secre~uy of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a tree, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 29th day of October, 2002, authorizing the issuance of $31,490,000 Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 29th day of October, 2002. City Secretary, City of Corpus Christi, Texas (SEA ) Corpus Christi, Texas Day of ,20__ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members 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 City of orpus Christi