HomeMy WebLinkAboutAgenda Packet City Council - 11/19/2002CITY
COUNCIL
AGENDA
"Corpus Christi Celebrating 150 Years"
November 19, 2002
1:45 p.m. Swearing-in Ceremony for Newly Appointed Board, Commission and Committee
Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
NOVEMBER 19, 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 earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espai~ol en todas las juntas del
Concilio para ayudarle.
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.
Invocation to be given by Reverend Father Stelios Sitaras, St. Nicholas Greek Orthodox
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 Longoda
Jesse Noyola
Mark Scott
City Manager David R. Gamia
City Attorney James R. Bray, Jr. --
City Secretary Armando Chapa
Agenda
Regular Council Meeting
November 19, 2002
Page 2
Fe
MINUTES:
Approval of Special Meeting of November 11,2002 and Regular
Meeting of November 12, 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 Govemment Code Section
551.074 regarding evaluations of the City Manager and City
Secretary, with possible discussion and action related thereto in
open session.
Executive session pursuant to Texas Government Code Sections
551.071 and 551.072 regarding the Landry's Project in the
Corpus Chdsti Madna, with possible discussion and action related
thereto in open session.
Executive session pursuant to Texas Govemment Code Section
551.071 regarding City of Corpus Chdsti v. Texas Municipal
League Intergovemmental Risk Pool and Texas Municipal
League Joint Self Insurance Fund, No. 01-00327-D, 105th District
Court, Nueces County, Texas, with possible discussion and
action related thereto in open session.
BOARDS & COMMITTEE APPOINTMENTS: (NONE)
EXPLANATION OF COUNCIL ACTION:
For administrative convenience, ce/rain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November19,2002
Page 3
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving the lease purchase of office fumiture from
Corporate Express of Texas, Inc., Corpus Chdsti, Texas in
accordance with the US Communities Government Purchasing
Alliance for the total amount of $238,356.12. The office furniture
will be used by Development Services at the One Stop Center
located on the first floor of the Frost Building. Funds have been
budgeted by the Development Services in FY2002-2003.
(Attachment # 5)
o
Motion authorizing the City Manager or his designee to execute
a construction contract with Haeber Roofing Company, of Corpus
Christi, Texas, for a total fee not to exceed $55,949.80 for the
Oso Wastewater Treatment Plant Lift Station No. 2 Roof Repairs
Project. (Attachment # 6)
Motion authorizing the City Manager, or his designee, to execute
Amendment No. 9 to an engineering services contract with Shiner
Moseley & Associates, Inc., of Corpus Christi, Texas, in the
amount of $84,748 for the Blucher Arroyo Storm Water Drainage
Structure Condition Assessment. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Meeting
November19,2002
Page 4
o
10.a.
10.b.
11.
12.a.
Motion authorizing the City Manager or his designee to execute
a materials testing and laboratory services contract with Trinity
Engineering/Kleinfelder of Corpus Chdsti, Texas, in an amount
not to exceed $117,297 for the J.C. Elliott Landfill Sector 10 Liner
Improvements. (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to a contract with the Freese and Nichols, Inc.,
of Fo~t Worth, Texas, in an amount not to exceed $40,000 for
engineering design services related to Wesley Seale Dam Flood
Damage Repairs -2002. (Attachment # 9)
Motion approving the reimbursement application for $78,707.65
submitted by James Stevenson, Dunhill Enterprises LLC, owner
and developer of Casa Blanca Estates Subdivision, for the
installation of 812 linear feet of an off-site 15-inch PVC sanitary
sewer collection line. (Attachment # 10)
Ordinance appropriating $78,707.65 in the Sanitary Sewer
Collection Line Trust Fund No. 4220 to pay James Stevenson,
Dunhill Enterprises LLC, reimbursement request for the
installation of 812 linear feet of an off-site 15-inch PVC sanitary
sewer collection line to develop Casa Blanca Estates Subdivision.
(Attachment # 10)
Ordinance approving $59,585.95 from Country Creek Partners,
Inc., as the developer's contribution for in lieu of half street
construction of portion of County Road 41 (with supporting public
utility infrastructure), as required by development of Country
Creek Subdivision Unit 5; and establishing separate subaccount
for said half street in the City interest-bearing account in the
Infrastructure Trust Fund for deposit of developefs contribution;
and restricting said monies for completion of "improvements" at
time of platting and development of properties directly adjacent to
and abutting the secured "improvement" opposite Country Creek
Subdivision Unit 5. (Attachment # 11 )
Motion authorizing the City Manager or his designee to proceed
with the AEP/CPL proposal for installation of new street light
system and special events system in the amount of $76,659 on
the east side of Shoreline Boulevard between the barge dock and
Taylor Street in association with the Seawall Reconstruction
Project. (Attachment # 12)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November19,2002
Page 5
12.b.
13.a.
13.b.
14.a.
14.b.
15.a.
15.b.
Motion authorizing the City Manager or his designee to proceed
with the AEP/CPL proposal for conversion of the existing street
light system on the west side of Shoreline Boulevard from series
circuitry to multiple (parallel) circuitry in the amount of $30,828.
(Attachment # 12)
Resolution authorizing the City Manager or his designee to accept
a $259,829.98 grant from the Federal Emergency Management
Agency for repairs and alterations at the Wesley Seale Dam and
reimbursement of emergency response activities and subgrantee
administrative expenses, with a City match of $84,035.71 in the
No. 4010 Water Fund, and a total project costs of $343,865.69.
(Attachment # 13)
Ordinance appropriating $259,829.98 from the Federal
Emergency Management Agency in the No. 4010 Water Fund for
repairs and alterations at the Wesley Seale Dam, and
reimbursement of emergency response activities and subgrantee
administrative expenses. (Attachment# 13)
Resolution authorizing the City Manager or his designee to accept
a grant in the amount of $85,000 from the Texas Department of
Public Safety Division of Emergency Management under the
FY2002 Pro-Disaster Mitigation Program to develop a Pro-
Disaster Mitigation Action Plan, with a City in-kind match of
$28,333 and a total project costs of $113,333. (Attachment # 14)
Ordinance appropriating $85,000 from the Texas Department of
Public Safety Division of Emergency Management in the No.
1050 Federal/State Grant Fund for the development of a
Comprehensive Ali-Hazard Mitigation Action Plan. (Attachment
# 14)
Motion authorizing the City Manager or his designee to accept a
renewal grant in the amount of $275,000 from the United States
Department of Justice for the continued support of the Weed and
Seed Program, Site I North. (Attachment # 15)
Ordinance appropriating $275,000 from the United States
Department of Justice in the No. 1050 Federal/State Grants Fund
for continued support of the Weed and Seed Program, Site I
North, for FY2002-2003. (Attachment# 15)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November19,2002
Page 6
16.a.
16.b.
16.c.
16.d.
16.e.
Motion authorizing the City Manager or his designee to execute
an agreement with The City of Corpus Chdsti Housing and
Community Development Code Enfomement and Community
Policing Division to provide $12,500 from the FY2002-2003 Weed
and Seed Program to implement emergency board up of vacant
buildings with illegal activity in Site I North. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute
an agreement with Planned Parenthood of South Texas, Inc. to
provide $4,400 from the FY2002-2003 Weed and Seed Program
to implement collaborative partnerships with community programs
to provide after school, weekend and summer programs in Site I
North. The goal is to reduce at-dsk behaviors including drug and
alcohol use and teen pregnancy among Weed and Seed
adolescents. (Attachment# 16)
Motion authorizing the City Manager or his designee to execute
an agreement with The Salvation Army to provide $5,000 from the
FY2002-2003 Weed and Seed Program to implement operations
and supportive services necessary to administer the transitional
housing program, Project Bridge for Families. Project Bridge for
Families targets homeless families in Site I North that are ready
to leave the emergency shelter and enter a transitional housing
program. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute
an agreement with the South Texas Pop Warner - Northside
Association to provide $9,956 from the FY2002-2003 Weed and
Seed Program to implement a tackle football and cheerleading
program on the Northside of Corpus Chdsti. It will include kids
from age 7 through 12 years. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute
an agreement with Turning Point Counseling Services, Inc. to
provide $8,406.50 from the FY2002-2003 Weed and Seed
Program to implement a Family Program that will provide child
and family counseling services in Safe Havens in Site I North. A
treatment team of therapist and counselors will outreach to
neighborhoods and provide prevention, eady intervention and
treatment services, a total of three afternoons and evenings in
three Safe Havens. (Attachment # 16)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November 19, 2002
Page 7
16.f.
16.g.
17.
18.
19.
20.a.
20.b.
Motion authorizing the City Manager or his designee to execute
an agreement with Metre Ministries, Inc. to provide $10,000 from
the FY2002-2003 Weed and Seed Program to enhance the
Gabbard Memorial Health Room. The program is a primary care
medical clinic for residents of the shelter and our homeless
population. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute
an agreement with South Texas Institute for the Arts, Antonio E.
Garcia Arts Education Center to provide $8,406.50 from the
FY2002-2003 Weed and Seed Program to implement
opportunities to learn through the Art's about one's self-esteem
and pride in the neighborhood. (Attachment # 16)
Resolution authorizing the City Manager or his designee to submit
a grant application in the amount of $73,939 to the State of
Texas, Criminal Justice Division for Year Four funding available
under the Violence Against Women Act (VAWA) Fund for the
Police Department's Family Violence Unit. (Attachment # 17)
Resolution authorizing the City Manager or his designee to
execute an Interlocal Agreement with the Corpus Christi
Independent School District (CClSD) to operate a Latchkey
Program on designated CCISD campuses. (Attachment # 18)
Second Reading Ordinance- Amending the Comprehensive Plan
of the City of Corpus Chdsti by adopting the City of Corpus Christi
Parks, Recreation, and Open Space Master Plan; providing for
repeal of conflicting ordinances. (First Reading - 11/12/02)
(Attachment # 19)
PUBLIC HEARINGS:
CAPITAL IMPROVEMENT PROGRAM:
Overview of Proposed FY2002-2003 Capital Budget and Capital
Improvement Planning (CIP) Guide. (Attachment # 20)
Public hearing on Proposed FY2002-2003 Capital Budget and
Capital Improvement Planning (ClP) Guide. (Attachment# 20)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November19,2002
Page 8
21.a.
21.b.
21.c.
22.a.
22.b.
STREET ASSESSMENTS:
Public Hearing on proposed assessments for improvements to
the following highway in Corpus Chdsti, Nueces County, Texas:
Jamaica Ddve from Mediterranean to Caribbean. (Attachment #
21)
Ordinance closing the public hearing on proposed assessments
for improvements to the following highway in Corpus Chdsti,
Nueces County, Texas: Jamaica Drive from Mediterranean to
Caribbean imposing assessments totaling $93,591.72 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. (Attachment # 21)
Motion authorizing the City Manager or his designee to execute
a construction contract in the amount of $1,064,545.70 with
Salinas Construction of Pleasanton, Texas for the Jamaica Drive
Improvements from Mediterranean to Caribbean. (Bond Issue
2000) (Attachment # 21)
RIGHT-OF-WAY
Public hearing pursuant to Texas Parks and Wildlife Code,
Chapter 26, to determine the feasibility of dedicating a .2428 acre
stdp of land from parkland known as Mount Vernon Park,
necessary for a Right-of-Way Easement in connection with the
McArdle Road Street Improvement Project, Phase 3.
(Attachment # 22)
Ordinance authorizing a Right-of-Way Easement to the public for
dedication of right-of-way through parkland known as Mount
Vernon Park necessary for the McArdle Road Street Improvement
Project, Phase 3. (Bond Issue 2000) (Attachment # 22)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November19,2002
Page 9
22.c.
Public headng pursuant to Texas Parks and Wildlife Code,
Chapter 26, to determine the feasibility of dedicating a .0337 acre
strip of land from parkland known as Lions Park, necessary for a
Right-of-Way Easement in connection with the McArdle Road
Street Improvement Project, Phase 3. (Attachment # 22)
22.d.
Ordinance authorizing a Right-of-Way Easement to the public for
dedication of a right-of-way through parkland known as Lions
Park necessary for the McArdle Road Street Improvement
Project, Phase 3. (Bond Issue 2000) (Attachment # 22)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
23. First Quarter FY2002-2003 BudgetJPerformance Report
(Attachment # 23)
24.
Local Emergency Planning Committee (L.E.P.C.) Fall Media
Campaign on Chemical Emergencies (Attachment # 24)
25.
Update on Texas Department of Transportation Projects
(Attachment # 25)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
26.
Resolution adopting the City of Corpus Christrs Legislative
Program for the Seventy-Eighth Session of the Texas Legislative
Session and United States Congress. (Attachment # 26)
27.a.
Resolution authorizing the City Manager or his designee to
execute a Project Cooperation Agreement with the Texas General
Land Office for the re-nourishment of Sunfish Island and McGee
Beach. (Attachment # 27)
27.b.
Resolution authorizing the City Manager or his designee to
execute a reimbursement contract with the Coastal Bend Bays
and Estuaries Program, Inc., in the amount of $93,500 for the
construction of a breakwater at and re-nourishment of Sunfish
Island. (Attachment # 27)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November19,2002
Page 10
27.c.
28.
29.
30.
Ordinance appropriating $93,500 from the Coastal Bend Bays
and Estuaries Program, Inc., in the No. 1050 Federal/State
Grants Fund for construction of a breakwater at and re-
nourishment of Sunfish Island. (Attachment # 27)
Motion authorizing the City Manager or his designee to execute
Amendment No. I to a contract with the University of Texas
Marine Sciences Institute, in an amount not to exceed $165,748
for biological monitoring services associated with the Rincon
Bayou Diversion Project. (Attachment # 28)
Ordinance by the City Council of the City of Corpus Chdsti,
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, Sedes 2002, and
ordaining other matters relating to the subject. (Attachment # 29)
Second Reading Ordinance - Amending the Code of Ordinances,
Article V, Chapter 57, Vehicles for Hire, by revising the provisions
regarding Auto Wreckers, and providing for penalties. (First
Reading- 10/08/02) (Attachment # 30)
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 THF
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASF
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirfge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espa~ol en la reuni6n de la junta para ayudarte.
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
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November19,2002
Page 11
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
31. CITY MANAGER'S REPORT
32.
33.
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 4:00~002.
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 surnma~)
2001-2002
CiTY COUNCIL GOALS
AND
PRIORITY ISSUES
PRIORITY ISSUES
Mrport I Seawall / Convent[9n Center / Arena
Continue quarterly reporting process for these initiatives.
'86 BOO4 ,Issue Imnrovements
· Update status on Senior Centers.
· Provide communication on completion of these projects (e.g. "Report to the Community").
Continue eommklility involvement on issues such as Leopard Street improvements.
privatizatlon l Re-Ent, ineerine
· Clearly define "privatization''and "re-engineering. ....
· Make decisions regarding pfivatizafion and re-engineering in the next 12-24 months, with
discussions within 90 days.
· Establish process to identify what services can and cannot be pflvatized.
· Continue focus on park maintenance.
· Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Crime Control and Prevention
· Continue implementation of the Community Policing initiative.
· Establish date for Crime Control and Prevention District election~
Continue City participation in Youth Opportunities United and other youth crime initiatives,
· 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
F~eo~0~aic D~elonment Sales Tax
· Establish election date.
,I
City staff wtll develop and present to City Council action/implementation plans for the following prlorlty
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma stet Drainage Plan
Oarwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
Improve Permitting Process (online / 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
St~rn~ W~ter Utility
Reconsider implementation plan for a Storm Water Utility.
Pa~erv Channel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste m~nsgement system, inch~dtng priv0ti~ation,
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Communicate brush pickup via e-mail.
CDBG
· Continue active role.
· Lease and complete renovation
~,,nnqxa~on Plan
* lmplcmen~ current island annexation plan
ADA Transition Plan
· Develop and approve ADA Transition Plan within 90 days.
Redtstrietini
Develop Council-approved redistricting plan for the City of Corpus Christi
Indnstrial District Contract
· Review Industrial District contracts and determine date for approval
Staff completes action requests in a timely manner,
City / C0untv Heaith.lssues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketino of CC Museum and Columbus Shivs
· Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Nofl~side Development Plan
Traffic Conlrols (channeling, studying on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Publie Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
Mn, rtJTE$
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 12, 2002 - 12:07 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 and he
delivered the invocation. The Pledge of Allegiance to the United States flag was led by Council
Member Kelly. 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 joint meeting of October 22, 2002, the regular meeting of October
29, 2002, and the special meeting of November 5, 2002. A motion was made and passed to approve
the minutes as presented.
Mayor Neal deviated from the agenda and opened discussion on Item 24 regarding the Crime
Control and Prevention District five-year plan. He noted that Ms. Linda Bridges, President of the
Crime Control District (CCD) Board, and other board members were ready to give the presentation.
Ms. Bridges pointed out that the district was renewed by the voters on November 5, 2002 by 77.7%.
She said that large margin validates the district's goals and accomplishments to date.
Ms. Bridges said the CCD's goals remain the same: continuing to fund the 50 additional
police, office.rs who are working in high-crime areas of the city;, decreasing juvenile crime; addressing
gang issues in Corpus Christi; enhancing technology and equipment for the police; and reducing
citizens' fear of crime. She said that, specifically, the sales tax monies will be used to continue the
funding of the Juvenile Assessment Center (JAC), which works closely with at-risk families,
Municipal Court, law enfomement, local schools, and community service providers to prevent
delinquency among Corpus Christi youth. The JAC will also develop a team of volunteer case
management assistants to work with "middle-risk" families.
Ms. Bridges also discussed the continued funding of the 50 police officers, who are assigned
to the following areas: one in Campus Crime Stoppers; five in bicycle patrol; 10 in the Juvenile
Enforcement Team; one in the canine unit; eight directed patrol officers; three downtown moped
motors; two in the Traffic Safety section; and 20 in routine patrol. She said that in the next six to 12
months, video imaging will be available in the patrol cars. She said that technology will enable
Minutes - Regular Council Meeting
November 12, 2002 - Page 2
officers to pull up mug shots on site. In addition, the district will refine its community policing
efforts and find ways to effectively enhance its contact with the public. She said the CCD board
members will continue to be good stewards of the citizens' money by monitoring expenses to ensure
that they do not exceed revenues. They will also continue to provide updates to the Council.
Mayor Neal said this was a great victory for the district-possibly one of the largest election
margins in the city's history. He thanked Ms. Bridges, the board members, and Police Department
staff for their efforts.
Council Member Garrett said that through his experience with the Police Department, he
knows the importance of providing quality equipment and technology to enable the officers to carry
out their duties. He asked how many police vehicles are provided through CCD funds. Police Cmdr.
Bryan Smith, CCD Coordinator, said they include 15 new police cars, 16 replacement cars, one
prisoner transport wagon, four crime scene technician vehicles, and the canine unit vehicle.
Council Member Scott said the district's funding of neighborhood advisory councils and
graffiti wipe-out programs also reduces crime and improves neighborhoods, one example being Pope
Park and the surrounding area. Council Member Kinnison noted that he served on the CCD board
before becoming a Council member. He encouraged the board to seek out any grant opportunities
and to keep up the good work.
Council Member Kelly said the directed patrol officers have continued to find creative
solutions to citizens' concerns and they have been a great liaison to the Police Department and law
enforcement in general. Council Member Chesney said the board and the Council followed through
on the promises made regarding the district and he asked Ms. Bridges to introduce the other board
members who were present. They were Ms. Vicky Alexander, Mr. Butch Pool and Mr. W.L. Hermis.
Ms. Bridges thanked the Council members for their appointments to the board.
Council Member Noyola congratulated the board and said it should be easier for them to
utilize the funds since the programs are already in place. Council Member Colmenero also thanked
the board and encouraged the Police Department to continue working with Code Enforcement
personnel to address code violations.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
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.
The Council went into executive session. The Council returned from executive session.
Minutes - Regular Council Meeting
November 12, 2002 - Page 3
Council Member Chesney said he wished to clarify an issue considered during the November
5, 2002, special Council meeting concerning the ranking of conffactors for the multi-purpose arena.
He said his intent was that the point totals be disclosed to the public in addition to the Council.
City Secretary Chapa said Council Member Kelly had filed an affidavit in his office regarding
Item 2 on the day's agenda and he abstained fi.om discussing that item during the executive session.
Mayor Neal referred to Item 4 and the following board appointments were made:
Citizens Advisory Health Board
Melinda Gonzales (Reappointed)
Erika Escobedo-Benson (Reappointed)
Karen Beard
Gloria Farias
Landmark Commission
Alan Belcher (Reappointed)
Richard Moore (Reappointed)
Bunny Tinker (Reappointed)
Grandis Lenken (Reappointed)
Thomas Kreneck (Reappointed)
David Blanke
Food Service Advisory Committee
Dovie Jordan
Library Board
Yvonne Klystra (Reappointed)
Margaret Moss (Reappointed)
A.N.M. Waheeduzzaman
Water Resources Advisory Committee
Karen G. Rue, Ed.D.
Weed and Seed Program Steering Committee
Peggy Beasley (Site 1-Reappointed)
Juan Meave Jr. (Site 2)
Mayor Neal called for consideration of the consent agenda (Items 5-23). City Secretary Chapa
said that Council Member Noyola would abstain on Items 18 and 22. Council members requested
that Item I0 be discussed. There were no comments from the audience. Mr. Chapa polled the
Council for their votes and the following passed:
5. M2002-365
Motion approving the purchase of three (3) riding mowers from Jones Equipment and Turf,
Inc. of Fort Womb, 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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6. M2002~366
Motion approving the purchase of one ( 1 ) line jetting track from the Houston-Galveston Area
Council of Governments (I-IGAC), 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
Minutes - Regular Council Meeting
November 12, 2002 - Page 4
Wastewater Department. Funds are available from the FY2002-2003 Capital OutlayBudget.
This item will be an addition to the fleet.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kirmison, Longuria, Noyola, and Scott voting "Aye."
7.a. ORDINANCE NO. 025084
Ordinance appropriating $46,754.62 from the Reserve for Capital Outlay in the No. 5110
Maintenance Service Fund to purchase equipment and amending the FY2002-2003 Operating
Budget adopted by Ordinance No. 024974 to increase appropriations by $46,754.62 in the
No. 51 I0 Maintenance Service Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.b. M2002-367
Motion approving the purchase of seven flatbed trailers from H&V Equipment Services of
Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0007-03 based on low bid
for a total a mount o f $ 46,754.62. T he t railers w ill b e used b y S tormwater, Water a nd
Wastewater Departments. Three items are replacements and four are additions to the fleet.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2002-368
Motion approving a supply agreement with Univar, USA Inc. of 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 CityManager
or his desiguee. Funds have been budgeted by the Wastewater Department in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2002-369
Motion approving a soflware maintenance and licensing supply agreement with SHI-
Government 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 periods subject to the approval of the supplier and the City Manager or his designee.
Minutes - Regular Council Meeting
November 12, 2002 - Page 5
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye."
11. M2002-371
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.a. M2002-372
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 of2,125 linear feet of an off-site 12-inch PVC sanitary sewer collection line.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.b. ORDINANCE NO. 025085
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 of2,125
linear feet of an off-site 12-inch PVC sanitary sewer collection line to develop Barclay Grove
Unit 7 Subdivision.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13. RESOLUTION NO. 025086
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.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14. M2002-373
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
Minutes - Regular Council Meeting
November 12, 2002 - Page 6
mount 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 Vernon Subdivision,
with street address of 4902 Everhart Road, necessary for the McAxdle Road street
improvement project, Phase 3.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15.a. M2002-374
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 enfomement and to execute all related documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15.b. ORDINANCE NO. 025087
Ordinance appropriating $73,420 fi'om the Texas Department of Transportation for a funding
for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the No.
1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16.a. M2002-375
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16.b. ORDINANCE NO. 025088
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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
November 12, 2002 - Page 7
17.a. M2002-376
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenem, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
17.b. ORDINANCE NO. 025089
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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
18. ORDINANCE NO. 025090
Ordinance authorizing assignment of hangar and fixed base operator's lease with the City of
Corpus Christi from Mercm~ Air Group Inc. to Mercury Air Center-Corpus Christi Inc. with
Mercury Air Group Inc. to remain liable for performance of the lease terms.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kilmison, Longoria, and Scott voting "Aye"; Noyola abstaining.
19.a. ORDINANCE NO. 025082
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 1 at the election on November 5, 2002; declaring the
results of the election continuing said district; providing an effective date.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
19.b. ORDINANCE NO. 025083
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 onNovember 5, 2002; providing
an effective date.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
November 12, 2002 - Page 8
20.
FIRST READING ORDINANCE
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.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21. FIRST READING ORDINANCE
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 ora 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.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
22. ORDINANCE NO. 025091
23.
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 gilt concession at the Corpus Christi International Airport for a term of ninety-six
months.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenem, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
ORDINANCE NO. 025092
Ordinance authorizing the City Manager or his designee to execute an amendment to the
lease agreement executed with Noble Food Services Inc. o f Corpus Christi, Texas, o n
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.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor N eal opened discussion o n I tern 1 0, computer upgrade. Responding t o Council
Minutes - Regular Council Meeting
November 12, 2002 - Page 9
Member Kinnison, Ms. Lee Ann Dumbauld, Finance Director, said the funding for this item is from
the 1998 C.O. bond funds that were used to originally acquire the PeopleSoR system. She said the
project is closed and the remaining funds are not being taken from any other bond proceed project.
She said there was $700,000 left for automation, of which $300,000 will be used to do the upgrade.
The remaining amount will be used for records management and imaging. City Secretary Chapa
polled the Council for their votes as follows:
10. M2002-370
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to the remaining presentations on the day's agenda. The second
presentation (Item 25) was regarding Propositions 2, 2A and 2B of the November 5, 2002, election.
Deputy City Manager Noe said the 1/8th cent sales tax-approved under Section 4A of the statute-
will be implemented by the Corpus Christi Business and Job Development Corporation (4A Board).
Mr. Noe said the sales tax becomes effective April 1, 2003 and the city will begin receiving
the first receipts in early June 2003. He said the 4A Board held a workshop on September 3, 2002,
to discuss Section 4A of the statute and the proposed ordinance provisions, including the kinds of
things on which the monies can be spent. In addition, the board received a briefing from
representatives of the Corpus Christi Regional Economic Development Corporation (EDC) on how
other cities are expending funds under Section 4A. The board members requested additional
information regarding other cities' policies, which city staffprovided, but the board has not actually
formulated policies and procedures for Corpus Christi's use of the sales tax.
The Deputy City Manager then discussed the status of the minor league baseball stadium
(Proposition 2A). He said city staff continues to talk with representatives of the Port of Corpus
Christi Authority regarding land acquisition and an appraisal has been acquired by both the city and
the port. City staff have also had an ongoing dialogue with RSR Sports, headed by Mr. Reid Ryan,
on the terms and conditions of a memorandum of understanding between the city and RSR Sports
that will serve as the business terms for a detailed lease document. He also discussed the timing of
the action plan with the intention of selecting a design team by next spring.
He said the overall plan of action is for the 4A Board to go through a more deliberate
planning process to develop a 15-year revenue projection and operating plan as well as a strategic
plan for the first five years. He said that in April 2003 the board will recommend to the Council a
budget for the remaining two months in FY2003 and the 12 months of FY2004 and they will
commence operations on June 1, 2003.
Minutes - Regular Council Meeting
November 12, 2002 - Page 10
Mr. Noe said that the affordable housing element (Proposition 2B) has many options. He said
the city currently has an affordable housing program using federal HOME dollars but it is more
restrictive than the program that will be developed under the sales tax. He said staff will be
researching different kinds of affordable housing programs and then a final plan will be adopted by
the 4A Board in March 2003.
Using FY2003 dollars, the annual revenue from the 1/8th cent sales tax is estimated to be
$4.2 million. He said assuming that 15-year taxable debt will be issued, the baseball stadium's debt
service should be about $2.1 million (although staff does not yet know if the debt will be taxable or
tax-exemp0. He said the affordable housing allocation is $500,000 per year which means, in today's
dollars, that the balance available for economic development is $1.6 million. He said that figure
should increase each year as the sales tax grows.
Mr. Noe pointed out that the passage of the three propositions will result in increased
responsibility for the 4A Board members, who are volunteers. Up to this point, the administrative
support for the board has been provided through the Office of the City Manager, who is interested
in creating a new unit through the General Fund to accommodate that additional responsibility.
City Manager Garcia said there is a great deal of interest in the community regarding how
the sales tax revenues will be spent and who will have access to them. He said the main point was
that these monies will be used for building the economy through the development of new jobs. He
noted that both the 4A Board and the Council will have to approve all of the expenditures, similar
to the Crime Control District. He said staff's plan is to not use any of the money for administrative
purposes but they will bring more detailed guidelines to the Council. He said the EDC will partner
with the city on this endeavor.
Council Member Kinnison asked if the 4A Board has the option to do short-term financing
to accelerate the availability of the funds. Mr. Noe replied affmnatively, saying that the cost of
interest expense would be added. With regard to the stadium costs, Mr. Noe said he is assuming a
$21 million principal amount over 15 years. He said the previously mentioned figure of$15 million
was just for construction and did not include costs for engineering, land and project management.
Responding to other questions from Mr. Kinnison, Mr. Noe said that any agreement with the
port is contingent upon having an agreement with RSR Sports for the construction of the stadium
and the availability of a baseball team. He said this is an illustration of one option the 4A Board
could pursue; they could also recommend to the Council that the stadium be paid for with cash.
Mr. Kinnison said he hopes the Council and the 4A Board will continue to emphasize the
importance of creating long-term job opportunities in the community. He said they may receive
funding requests from entities which may not have been able to receive bank funding for good
reason. With regard to Proposition 2B, Mr. Kiunison said that key issue is home ownership.
Council Member Scott asked that the Council receive a copy of the survey of other cities'
policies regarding Section 4A. He said they should explore several options for administering the
housing program and he asked how Round Rock constructed their stadium. Mr. Noe said Mr. Ryan
has discussed ways in which he would like to see Corpus Christi's stadium built. Mr. Scott said he
Minutes - Regular Council Meeting
November 12, 2002 - Page 11
is sure that the 4A Board members will be very careful in how they administer the sales tax monies.
Responding to Council Member Colmenero, Mr. Noe said they will seek additional staff
support on the economic development side since t here already are employees who work with
affordable housing, although they will also have to work with the 4A Board. He added that he
believes the board members will be open to input from the community with the intention of making
recommendations to the Council in April 2003.
In reply to Council Member Longoria, Mr. Noe said the 4A Board could sell bonds offofthe
$500,000 for affordable housing as long as they meet the statute's criteria, which are different for
the HOME program. Mr. Longoria said he thought the city would have more flexibility under its own
affordable housing program. Mr. Noe referred to a July 17, 2002 memo to the Council from City
Attorney Bray which discussed the statute's limits. Mr. Longoria said he agrees with Mr. Kinnison
that the goal should be home ownership and Mr. Noe said staff will communicate the Council's
intention to the 4A Board. He added that they can schedule a joint meeting with the board members
to discuss those issues.
Mr. Longoria said he does not want the city to duplicate the EDC's efforts. Mr. Garcia said
that in the past, it has been difficult for EDC representatives to close deals with interested parties
unless they have a lot of input from the city regarding roads, lands, utilities, zoning changes, etc. He
said because of the number of prospects they are anticipating, the city needs a full-time staffperson
to work closely with Mr. Ron Kitchens, President and CEO of the EDC.
Mr. Longoria asked how the 4A Board will go about allocating the funds. Mr. Noe said the
board will adopt policies and criteria and those seeking funding will first go through a review
process. He said the real question will be how frequently and how much money the board will set
aside for allocations. Mr. Longoria said he wants to ensure that there will not be just one group that
will be making requests for funds. Mr. Noe said the process is open to any group that has a legitimate
request which meets the criteria.
Council Member Noyola asked how increased funds from growth in the sales tax will be
allocated. Mr. Noe said the maximum amount that will go toward affordable housing is $500,000
per year and the debt service on the baseball stadium will be a fixed amount; consequently, increased
funds will accrue to the economic development portion. Responding to other questions from Mr.
Noyola, Mr. Noe said that job training is an eligible criterion. Mr. Garcia said the state statute sets
out the number of 4A Board members, which is five.
Council Member Kelly said there is no question that home ownership was the Council's
objective with regard to affordable housing and they need to get the most for taxpayer's dollars. He
said there is a huge inventory of existing housing that can be tapped into and one of the impediments
to people acquiring homes has been the lack of education and identification. He said to address that
problem, the city should have an outreach component in order to partner with neighborhood schools,
churches and civic organizations who know of good candidates for these mortgages. He said city
employees should also have access to the program and he hopes they can help many families.
Mayor Neal recessed the regular meeting to read the day's proclamations.
Minutes - Regular Council Meeting
November 12, 2002 - Page 12
The Mayor reconvened the meeting and Mr. Noyola asked for clarification about a statement
made by Mr. Gareia during the discussion of Proposition 2 (Item 25). Mr. Garcia said there is a lot
of economic activity in Corpus Christi with businesses that have less than 10 employees. Mr. Noyola
said that local businesses were a large reason for the success of Proposition 2. Mr. Garcia said the
key is targeting job growth.
The third presentation (Item 26) was regarding Proposition 4, marina leases and development.
City Manager Garcia said that in June 2001 the Council approved the marina request for proposals
and by October about 25 responses had been received. Three finalists were selected and in Janua~
2002 staffselected Landry's Restaurants Inc. as the group with which they would like to negotiate.
From January to March 2002, staffpresented the three finalists' proposals to community groups and
during public hearings. In April the Council authorized staff to proceed with the negotiations with
Landry's and in June and July the stakeholders group held several meetings. From June through
August, city staff and Landry's representatives met to negotiate the memorandum of understanding
0MOU) until Landry's suspended negotiations following the presentation of the charter petitions.
Mr. Garcia said Landry's was aware of the outcome of the November 5, 2002 election. He
spoke with them the following day and they indicated that during the six-month interim, Landry's
was involved in significant development activities. He said they are purchasing the Salt Grass
Steakhouse restaurant chain and they were chosen as the successful bidder for the renovation of the
flagship hotel and pier in Galveston. Mr. Garcia said that Mr. Greenberg indicated that they were
working on their corporate finances and, while they are still very interested in coming to Corpus
Christi, they will not have any definitive information until after today.
Mayor Neal asked if this was the same MOU that was released to the public a few weeks ago,
and Mr. Garcia said it was. The Mayor asked Mr. Garcia if he has had any public input or comment
on the contents or style of the proposal. Mr. Garcia said he has not.
Council Member Kinnison said that if city staff receive word from Landry's that they are
ready to resume negotiations, he would like the Council to discuss the MOU; specifically, the
direction it appeared to be heading in at the time negotiations were suspended. He said it is important
that staffhave a clear understanding of the Council's expectations. Mayor Neal asked Mr. Kinnison
if he has given staffanywHtten suggestions about the MOU and Mr. Kinnison said he has expressed
concern about certain areas but he has not provided anything in writing.
Council Member Scott said they had always intended to have an open, participatory process
but that got lost in the rhetoric of the campaign. Mayor Neal said that assuming they are able to reach
agreement on the MOU, that document will be taken back to at least three entities-the Water/Shore
Advisory Committee, Parks Board and the Planning Commission, all three of which provide public
hearings. The MOU will then be reviewed again by the Council and, if they agree, staff will be
authorized to enter into a lease agreement.
Mr. Garcia said that in addition to those three groups, staff can discuss the MOU with others
who request it just as they did at the beginning of the process. He noted that while the MOU is
Minutes - Regular Council Meeting
November 12, 2002 - Page 13
purposefully brief, the lease agreement will probably be five times as long and very detailed. He said
there is a separate process for review of the proposed lease agreement prior to the Council taking
action on it.
Mr. Scott asked if the MOU addresses management of the marina. Mr. Garcia said there were
two major divisions-one dealt with the leases for the restaurant sites and the entertainment area and
the other dealt with the management of the marina itself. He said part of what they were still
negotiating was the standard of maintenance. Mr. Scott asked if the Council will see the proposed
development plans. Mr. Garcia said they will be attached to the MOU. He added that both parties
would have to agree to the lease extensions.
Council Member Kelly said one of the reasons he voted for Landry's proposal was because
he believed they had the financial resources and in-house talent to create the development they
wanted. In light of Landry's other commitments, he asked if they will still be able to provide those
elements. Mr. Garcia said there is no question that the financial landscape has changed for Landry's
as a corporation. He said staff is updating their financial research to ensure that the information is
current. Mr. Kelly asked where the city stands if either Landry's or the city decides not to do the
project at this time. Mr. Garcia said in that case they would be back at square one.
Responding to Council Member Colmenem, Mr. Garcia said the scale of the project
increased from its conception and the question now is whether the city and Landry's can conclude
that transaction. Mr. Colmenero said they need to maintain very clear language in their dealings with
Landry's and he asked staff to continue to generate ideas.
Council Member Noyola said he has not received any input from the public regarding the
MOLl. He asked how long it might take to finalize negotiations with Landry's if they agree to do so.
Mr. Garcia said when the negotiations were suspended, they were within one to two sessions of
finalizing the agreement. If negotiations resume, it could take about two to three weeks to conclude
negotiations and another three weeks for the public input before they can bring an agreement to the
Council. He said they are six months behind at this point. Mr. Noyola said it is important for the
public to provide their input.
IfLandry's chooses not to resume negotiations, Council Member Chesney asked whether the
Council would have to start over or whether they could choose one of the other two proposals. Mr.
Garcia said part of the reason Landry's was the only viable option was because neither of the other
two proposers were going to make any private investment in the marina-they were going to look for
financing for the development. Mr. Chesney said he liked International Marina's Fisherman's Wharf
concept. Mr. Garcia said they could review the other two proposals.
Council Member Longoria said they have had considerable debate about the marina
development and while Landry's financial situation may have changed, the city's has as well. He said
he feels the city's plans have been well-thought out and they are proceeding accordingly. Mr. Scott
said he likes what he has heard today but he was alarmed by one of the other group's proposals to
put what looked like a two- to three-story shed on the L-HeM. He said he believes there will be
ample opportunity for public input. Mr. Kinnison said he wants one last opportunity before Mr.
Garcia and his staff go back to the negotiating table to bring up concerns that he has.
Minutes - Regular Council Meeting
November 12, 2002 - Page 14
Mayor Neal said if they hear that Landry's is ready to resume negotiations, they can put this
item back on the agenda for the next Council meeting. He asked the Council to relay their concerns
in writing so they can publicly discuss them. He also suggested that the public contact Mr. Noe or
Council members if they have questions or concerns. The Mayor also read an email from Ms. Sandra
Welch, who said it is difficult to believe that there is no financial kickback to Mr. Garcia or the
Council on the Landry's issue. The Mayor said he felt insulted by Ms. Welch's comments and he
assured her that there has never been any attempt by anyone to influence the decisions on this
Council by offering any kind of financial incentive to the Council members.
The fourth presentation (Item 27) was an update on the Packery Channel project. Mr. Angel
Escobar, Director of Engineering Services, explained that Packery Channel, originally known as
Corpus Christi Pass, was the only tidal inlet providing access to Corpus Christi Bay and the Laguna
Madre before construction of the ship channel in Port Aransas in 1923. Sand deposits increased in
Packery Channel and it finally closed in the late 1920s after the new ship channel was developed.
Mr. Escobar also reviewed the following actions relating to Packery Channel: on April 7,
2001, city voters approved the tax increment financing (TIF) district necessary to support the
dredging and maintenance of the channel; on April 10, 2002, the beachfront construction certificate
was approved by the city's Concurrent Beach Dune Committee; on May 29, 2002, the dune
protection permit was approved by the Nueces County Commissioners Court; and on June 14, 2002,
the draft environmental impact statement was published by the Environmental Protection Agency.
Mr. Escobar also further discussed how a TIF district operates and the proposed project
layout. He noted that an island has been designated as the maintenance materials placement area
(rather than Packery Point Park). Planned improvements include the causeway area access point, a
boat ramp at Packery Point Park, northside wetlands area, Northside Channel Park and Northside
Beach Park and beach access parking.
He said that in February 1999 the original project was estimated to cost $30 million. After
working with the Corps of Engineers (COE), staff revised the project cost in October 2002 to now
be $26,905,952, which is subject to change based on the final cost estimates to be completed by the
COE in December 2002. In addition, there is required mitigation in the amount of $1,250,000 and
monitoring of the Mollie Beattie Coastal Habitat Community (Item 34 on the day's agenda) at a cost
of $541,000, for a total project cost of $28,696,952.
Mr. Escobar said if the proposed lease is approved by the Council, the final enviroumantal
impact statement will be released in December 2002 or January 2003 as well as the release of the
project report to Washington by the COE Galveston District Office. Also in Januaxy 2003, the
project cooperation agreement can be approved.
Mayor Neal asked for an update on the $4 million appropriation request before Congress. Mr.
Torn Utter, the city's consultant, said there was $4 million in both the House and the Senate
appropriations committees but they have expired. He said they anticipate the city's request to again
be included in the new appropriations bills in both houses. Mayor Neal asked how that affects the
Minutes - Regular Council Meeting
November 12, 2002 - Page 15
project schedule. Mr. Utter said the COE is looking into the ability to advertise prior to the
appropriations being made; however, he said he cannot give a definitive answer at this time.
Referring to Item 34, Council Member Scott said this is an important hurdle they are clearing
today. Mr. Utter agreed that this represents the actual lease from the General Land Office for over
650 acres running from out in the Gulf of Mexico west to the Laguna Madre. City Attorney Bray
distributed changes made today by the Texas School Land Board in Austin.
Mr. Utter said this lease contains the project's mitigation plan, which was developed by
several entities and places all the funds for mitigation into the protection of Shamrock Island. In
addition, a five-year monitoring program has been designed for the Mollie Beattie Coastal Habitat
Community. Mr. Scott discussed the importance of these actions. Mr. Utter said that once the project
cooperation agreement is signed, the project will be advertised, a construction contract will be
awarded and it will be built. Mr. Escobar recognized Joe Trejo, Jay Reining and Felix Ocafias for
their efforts on this project.
Council Member Kinnison asked about the time line of city funding. Ms. Dumbauld said the
city's financial advisors plan to market the bonds in mid-December, which will allow the Council
to close on them in January 2003 within the required 45 days. She said the plan is to issue $2 million
at this time and request that the Council create the North Padre Island Development Corporation. Ms.
Dumbauld said she believes the fmancial advisors will be able to market the rest of the bonds based
on the commitments they have.
Mayor Neal said it is very important that this project stay on schedule as much as possible
so the bidding process can begin in early spring 2003. A motion was made and seconded to amend
Item 34 as indicated by Mr. Bray; the motion passed. There were no comments from the audience.
City Secretary Chapa said that Council Members Garrett and Kelly had filed affidavits and would
abstain from voting on Item 34. Mr. Chapa polled the Council for their votes as follows:
34. RESOLUTION NO. 025101
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 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 Mollie Beattie methodology.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining.
Mayor Neal referred to Item 28 and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
28. Case No. 0902-03, Christus St~ohn Health SYstem: A change of zoning from an "A-I"
Minutes - Regular Council Meeting
November 12, 2002 - Page 16
Apartment House District with a "SP" Special Permit and "AB" Professional Office District
with a "SP" Special Permit to a "B-2" Bayffont 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.
City Secretary Chapa said the Planning Commission and staffrecommended approval of the
"B-2" Bayfi.ont Business District. No one appeared in opposition to the zoning change. Mr. Scott
made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa
polled the Council for their votes as follows:
ORDINANCE NO. 025093
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
ILA, Ocean View Addition, fi.om "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; amending the Comprehensive Plan to account for any deviations fi.om the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly and Longoria absent.
Mayor Neal referred to Item 29 and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
29.
Case No. 0902-04, Jim Walter Homes, Inc.: A change of zoning fi.om a "F-R" Farm-Rural
District to a "B-4" General Business District on 2.0936 acres out ora 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.
City Secretary Chapa said the Planning Commission and staff recommended approval of a
"B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Garrett
made a motion to close the public hearing, seconded by Mr. Longoria, and passed. Mr. Chapa polled
the Council for their votes as follows:
ORDINANCE NO. 025094
Amending the Zoning Ordinance upon application by Jim Walter Homes Inc. by changing
the zoning map in reference to 2.0936 acres out ora 160.62-acre tract out of the Gregorio
Farias Grant, fi.om "F-R" Farm-Rural District to "B-4" General Business District; amending
the comprehensive plan to account for any deviations fi.om the existing comprehensive plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Cheaney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
Minutes - Regular Council Meeting
November 12, 2002 - Page 17
Mayor Neal referred to Item 30 and a motion was made, seconded and passed to open the
public heating concerning the adoption of the City of Corpus Christi Parks, Recreation and Open
Spaces Master Plan. Mr. Dan Whitworth, Director of Park and Recreation, said that on October 8,
2002, a detailed presentation about the proposed plan was made to the Council, after which
presentations were made to the Park and Recreation Advisory Board (which approved the plan) and
the Planning Commission.
Mr. Whitworth said the Planning Commission suggested several changes (outlined on pages
257 and 258 of the agenda packet). He said those recommendations, which were incorporated into
the document, are as follows: delete any suggestions or examples identifying a specific dollar amount
in all discussions and text related to modifying the city's current parkland dedication ordinance;
reinstate park planning staff positions to the Park and Recreation Department at some point; delete
the words "too much attention" on page 9, Item F-3 of the summary of recommendations relating
to waterfront areas versus inland parks; and add a statement that the development ora detailed open
space acquisition target plan should be pursued by the Park and Recreation Department as staff and
funding become available.
There were no comments from the audience on Item 30. Council Member Colmenero made
a motion to close the public hearing, seconded by Council Member Longoria and passed.
Council Member Kelly asked what type of relationship the city will have with Nueees County
regarding the development of both entities' parks. Mr. Whitworth replied that the plan does not have
specific details on that issue; however, his department's position is to work closely with the county
to ensure that the open spaces provided to citizens are the best utilization of their taxes. He said city
staffwould like to talk with county staff about potential joint ventures. In addition, a few of the most
recent appointments to the Park and Recreation Advisory Board had experience with the Nueces
County Park Board.
Mr. Longoria said he wants to be sure that the plan does not take away from the development
of the bayfront parks. Mr. Whitworth said the Planning Commission had expressed similar concerns,
which is why some of the plan's wording was changed. While not de-emphasizing the bayfront
parks, the plan raises the issue that there is work to do on the neighborhood parks throughout the
city. Mr. Longoria said he agrees, adding that those improvements will be driven by the budgetary
process. Mr. Whitworth said the plan looks at the neighborhood parks in sectors and suggests
working with citizens to identify which parks will receive the highest development while others will
be candidates for "adopt-a-park" efforts.
Council Member Chesney asked about a possible festival site. Mr. Whitworth said it is
mentioned in the plan but currently there is not a site or a funding source identified. Mr. Chesney
said this is a well-done plan in terms of what the needs are and what the city can handle. He noted
that the kick-off for Pope Park was held last weekend and that effort was a direct result of both the
Crime Control District and the Friends of the Park movement.
Responding to Council Member Kinnison, Mr. Whitworth said that while the plan contains
estimated costs that would be needed to achieve what is outlined in the plan, all of the projects come
back to the Council via the capital improvement program (CIP) for funding. Mr. Kinnison said since
Minutes - Regular Council Meeting
November 12, 2002 - Page 18
the city has so many capital needs, it will be impossible to fund them all and they will have to make
choices about which ones to pay for. Mr. Whitworth said his staffhas worked with the Budget Office
to ensure that the projects in the park plan are at least ready to be considered in the CIP. Mr.
Kinnison added that some of the park needs involve ongoing costs in the General Fund and it is up
to the Council to try to get some of the elements of the plan implemented.
Mr. Colmenero said this is an excellent plan and he suggested that the Police Department's
neighborhood advisory councils may be good sources of information and input in prioritizing the
development of neighborhood parks.
Council Member Scott referred to the section regarding the Navy site/Oso soccer fields
(enhancement of existing facility). He said the Navy has said they cannot give the city that land
because they may expand the runway but the city is not willing to spend money on land it does not
own. He said the parents of many of the children who play there are in the military and he suggested
that staff seek assistance from Congressman Solomon Ortiz. Mr. Whitworth said that in 1986 the city
obtained administrative control of some land for a period of time to allow for that development.
Mr. Scott also asked whether the city would consider waiving the park dedication
requirement on the island north of Packery Channel since the beach is available for citizens' use. Mr.
Whitworth said he would be hesitant to do away with the park dedication because it is also a resource
for the city to protect environmentally sensitive areas that may be marginally developable. He added
that that is a valid point for further review.
Council Member Noyola agreed that this is a very good plan although prioritization will be
difficult. He said there are new members of the Commissioners Court and he hopes the city can work
with the county on joint ventures. City Secretary Chapa polled the Council for their votes as follows:
30.b. FIRST READING ORDINANCE
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.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal called for a brief recess.
Upon reconvening, Mayor Neal referred to Item 31, a public hearing on improvements to
Azores Drive and Catcay Drive. A motion was made, seconded and passed to open the public
hearing. Mr. Escobar said this project is part of the Bond 2000 paving assessment program and it
includes water, wastewater and stormwater improvements in addition to the paving improvements.
He referred to a map to show the location of the two streets. The Mayor called for public comment.
Minutes - Regular Council Meeting
November 12, 2002 - Page 19
Mr. Chris Grimes, 3123 Azores Dr., said he and many other neighbors do not understand why
they are being charged an assessment for these improvements and why there is an interest rate
associated with them.
Mr. Escobar said that two separate petitions for Azores and Catcay were submitted to the city
in December 1987 and were qualified through the Voluntary Paving Program and approved for
funding in the 2000 bond election. He said the city's voluntary assessment ordinance requires that
citizens pay for that portion of work immediately in front of their lot. He said the ordinance also
states that a citizen can pay his assessment in one lump sum (interest-free) or in increments up to five
years (with 8% interest). He added that a public meeting was held on April 11, 2002 at Flour Bluff
Intermediate School to inform the property owners about the projects.
Mr. Grimes said the majority of his neighbors were not aware of the 1987 paving petition and
he submitted a petition signed by 11 property owners. He said many of them wanted to attend this
meeting but could not because they are at work.
Council Member Garrett asked how long the interest provision has been pa~ of the
ordinance. City Attorney Bray replied that the ordinance has been in effect since about the late 1970s
or early 1980s.
Mr. Curtis Babineaux, 3124 Azores Dr., said he was aware of the public meeting but was not
able to attend. He said he also disagrees with the assessment requirement and questioned how the
1987 paving petition can still be in force.
Mr. Escobar said there are 31 properties that front Azores Drive. Responding to Mr.
Babineaux's question, City Manager Garcia said this was a valid petition from the citizens to
improve their street and, because of limited resources, the city is backlogged on these projects and
constructs them as funds permit. He noted that these paving petitions are never unanimous but they
require 5 I°A agreement by the property owners.
Council Member Scott pointed out that the citizens of Corpns Christi voted to tax themselves
to pay for a portion of these street improvements. Mr. Babineanx said he thought that was the
purpose of citizens' taxes. Mr. Garcia said the amount of the construction contract is $883,739.07
while the total of all assessments is $89,821.28, approximately 10%.
Mr. Babineaux said he thinks the city should have a current petition to do this work. Mr.
Scott said part of the problem is that the city did not have a bond election from 1986 until 2000. Mr.
Escobar said the city has spent $110,000 to get to this point. Council Member Longoria said the
citizens may be eligible for assistance through the HOME program.
Ms. Kandy Wheeler, 3121 Catcay Dr., said that most of her neighbors do not have a problem
with this project. She said she was told that someone would contact her regarding payment plans but
they have not yet done so. Mr. Massey said there is still plenty of time to make those arrangements.
Mayor Neal asked about the attendance at the April 2002 public meeting. Mr. Escobar said
there were about 30 people present. He noted that the Laguna Shores and Jamaica Drive projects
Minutes - Regular Council Meeting
November 12, 2002 - Page 20
were also discussed and most of the general public comments were in favor. He said many citizens
want the bridge over the Tropic Isles Channel to be removed. Council Member Chesney said this is
the second time citizens have expressed surprise about an assessment project and he suggested that
something more be done to inform them about these older projects.
Ms. Susan Krzeszewski, 3209 Catcay Dr., said the citizens did vote to repair these streets,
which were listed on the November 2000 ballot and information was available to the public. She said
she supports this project.
Ms. Mary Jane Geckle, 3237 Azores Dr., said they have lived there since 1978 and they have
been waiting for these street improvements for a long time. She encouraged the Council to drive
through the Tropic Isles subdivision, particularly on Bimini and Azores streets. She said that on the
whole, the subdivision is going downhill. She added that it is a citizen's duty to keep informed about
these issues and she encouraged the Council to move ahead with this project.
Council Member Kinnison said that most people do not think they are going to be assessed
when they vote to improve their street. He agrees that some procedures need to be put in place to
prevent future confusion by residents. Council Member Colmenero echoed his comments and said
the streets in that neighborhood need immediate repairs.
Responding to Council Member Noyola, Mr. Garcia said the paving petitions initiated by
property owners indicate that there will be a voluntary assessment. He said the amount they will be
assessed is about one-tenth of the value of the work being done. Mr. Grimes reiterated that they are
not against the street improvements but they object to the assessments.
Mr. Noyola made a motion to close the public hearing, seconded by Mr. Longoria and passed.
City Secretary Chapa polled the Council for their votes as follows:
31.b. ORDINANCE NO. 025095
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 CatcayDrive 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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
31.c. M2002-377
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:
Minutes - Regular Council Meeting
November 12, 2002 - Page 21
Azores Drive from Caribbean to cul-de-sac; and Catcay Drive from Caribbean to cul-de-sac.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 32, rights-of-way closures for the arena. City Secretary Chapa
stated that Council Member Kelly would be abstaining on Item 32. A motion was made, seconded
and passed to open the public hearing. Mayor Neal called for public comment.
Ms. Kathleen White said she owns the property at 1525 North Shoreline Blvd. at the comer
of Resaca Street and North Shoreline. She said she and her two tenants do not oppose the closure
of those streets but they have questions about the traffic plan and other issues. Ms. White asked that
the city show consideration for the businesses during the construction of the arena.
Mr. Phillip Monroe said he is the managing partner of the Kirk and Monroe CPA firm at
1525 N. Shoreline. He said both his firm and Design Associates are customer-based businesses and
they rely on adequate accessibility and parking.
Mayor Neal said the city is not closing Resaca Street. Ms. White said all the traffic around
there will be changed but they do not know how. She said they are meeting with staff tomorrow to
discuss these issues. Mr. Escobar showed a diagram of the proposed traffic plan and changes. Mr.
Kevin Stowers, Assistant Director of Engineering Services, said the area being closed is necessary
because of the footprint of the expanded convention center and arena. He said there will be a future
contract for the realignment of the southbound lanes of Shoreline Boulevard. Council Member
Chesney made a motion to close the public hearing, seconded by Council Member Longoria and
passed. City Secretary Chapa polled the Council for their votes as follows:
32.b. ORDINANCE NO. 025096
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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
32.d. ORDINANCE NO. 025097
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-way; subject to compliance with the specified conditions and the owner replatting
the property within 180 days at the owner's expense.
Minutes - Regular Council Meeting
November 12, 2002 - Page 22
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kiunison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
32.f. ORDINANCE NO. 025098
Ordinance vacating and abandoning 62,832-square feet of the west side portion of the North
Shoreline Boulevard street fight-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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
Mayor Neal opened discussion on Item 33, commercial revitalization program. Mr. Utter
explained that the fn'st public hearing is to consider the state's plan and the city's local plan. A
motion was made, seconded and passed to open the public hearing. Mr. Utter explained that in early
2002, the U.S. Department of Housing and Urban Development named 40 areas nationwide as
renewal communities eligible for a number of federal tax incentives. Two of those are in Texas-an
area in the City of Corpus Christi and an area in El Paso County.
Mr. Utter said the principal federal tax incentive under the program is the renewal community
commercial revitalization deduction, which allows the deduction of 50% of the cost of construction
or rehabilitation of a commercial structure within the renewal community area during the first year
the structure is placed into service. Alternatively, 100% of the cost can be deducted over 10 years.
He said that under the act, Texas will receive $12 million of commercial revitalization deduction
authorization for each renewal community each year from 2002 through 2009 (the allocation year
runs fi:om January 1 to December 31 of each year).
Mr. Utter said that staff from the City of Corpus Christi wrote a plan and submitted it to the
state. They have been working with the Texas Department of Economic Development and, with the
help of the city's legislative delegation, asked the governor to designate that department as the
commercial revitalization agency for the state. He said the state allocation plan is being considered
by both the Corpus Christi City Council and E1 Paso County officials. Mr. Utter noted that any
allocation that is not made will be aggregated and used on a first-come, first-served basis;
consequently, this year they feel they can nominate all of the programs.
Mayor Neal called for comments fi:om the public on Items 33.a.-c. and there were none. A
motion was made, seconded and passed to close the public hearing.
Council Member Kinnison asked how long the applicants have to get their projects underway
once they receive an allocation. Mr. Utter said the allocation is valid for two years and many of the
local projects are ready to go. He acknowledged that there are a few that are somewhat speculative.
He commented on the efforts of Ms. Patrieia Garcia, city grant writer, and local ceaified public
accountants in educating people about the renewal community program.
Minutes - Regular Council Meeting
November 12, 2002 - Page 23
Council Member Noyola asked about the old HEB headquarters. Mr. Utter said that building
has been vacant for 17 years and there is a proposal to rehabilitate it and remove asbestos. Council
Member Kelly asked how the proposals will be prioritized if necessary. Mr. Utter said the city has
a strategic allocation plan that involves scoring and ranking projects. He discussed how smaller
projects could receive funding in addition to larger projects and he emphasized that this deduction
program does not involve a cash grant; rather it is a high-grade, accelerated depreciation.
Responding to Council Member Colmenero, Mr. Utter said that monies not used by E1 Paso
County may be used by the city and they may be able to take additional applications. City Secretary
Chapa polled the Council for their votes on Items 33.b. and 33.c. as follows:
33.b. RESOLUTION NO. 025099
Resolution endorsing the State of Texas Renewal Community Commercial Revitalization
Deduction Allocation Program and State Plan.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
33.c. RESOLUTION NO. 025100
Resolution adopting the City of Corpus Christi commercial revitalization local strategic plan.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Council Member Chesney made a motion to open the public hearing for Item 33.d., seconded
by Mr. Noyola and passed. There were no comments from the public. Mr. Chapa polled the Council
for their votes on the allocations distributed to the Council:
33.d. M2002-378
Motion prioritizing and nominating applications for commercial revitalization deduction
allocations.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 35 regarding the certificates of obligation. The Mayor read the
following statement as prepared by bond counsel: "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 a special meeting of the City Council
to be held on November 26, 2002, in the City Council Chambers. The city is delaying taking action
at this time as bids establishing a final guaranteed maximum price for the facilities to be financed
Minutes - Regular Council Meeting
November 12, 2002 - Page 24
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."
Council Member Scott made a motion to table Item 35 to November 26, 2002; seconded by
Council Member Colmenero and passed.
35. TABLED
City Secretary Chapa said they are planning to start the November 26 meeting at 11:30 a.m.
Mayor Neal called for the City Manager's report. Mr. Garcia said a Council workshop is
scheduled for November 18, 2002, at 1:30 p.m. to discuss the stormwater master plan and capital
improvement program (CIP). The meeting will be held at the Museum of Science and History.
Council Member Garrett asked if the Stormwater Advisory Committee members will attend and Mr.
Garcia said they have been invited. Mr. Garcia said the next regular Council meeting will be on
November 19, 2002, and it will include a public hearing on the CIP as well as several other items.
Mr. Garcia then asked staffto update the Council on major repairs that are needed as a result
of excessive rains in September and October. Mr. Escobar referred to photos of the damage caused
by the blow-out of the pressure conduit underneath Mesquite Street on October 24, 2002. He also
described the deterioration that is present in that area and the repair work that will be required.
Mayor Neal said they needed to suspend this discussion in order to hear audience petitions.
Mr. Gerald Benadum, a local attorney, said he was representing a group of owners of topless
bars which are classified as "adult lounges" in the city's sexually oriented business ordinance. He
said they are asking that that ordinance be amended to delete the seven-year limitation on the
grandfather clause for existing clubs. He referred to packets he distributed to the Council and city
staff outlining their request and supporting documentation. Mr. Benadum said the ordinance has
restrictions regarding the clubs' location, which are set to go into effect in about July 2003 into "1-3"
Heavy Industrial zoning districts. He said the evidence will show that the clubs are not causing a
serious problem where they are currently located but there is a question about what will happen when
they are concentrated in a certain area.
Council Member Kelly asked about the information in Mr. Benadum's packet regarding
Encore Videos Inc. vs. the City of San Antonio. Mr. Benadum said that in an opinion issued by the
United States Court of Appeals for the Fifth Circuit on October 29, 2002, San Antonio's location
requirements were stricken down as being unconstitutional and it sets out the standards that the Fifth
Circuit will follow. He said that information indicates that Corpus Christi's ordinance is narrowly
Minutes - Regular Council Meeting
November 12, 2002 - Page 25
tailored and the city's burden will be much more difficult. Mr. Benadum said when the ordinance
was adopted in 1996, there were not adequate studies to support it.
Mr. Kelly also asked about a land availability study prepared by Mr. Paul Koepke. Mr.
Benadum said that according to the study, there are at most six sites where the adult businesses will
be able to locate in "I-3," which are all in District 1. He added that the ordinance does not
accommodate all of the adult businesses that currently exist and the courts are clear that the city has
to make a reasonable accommodation for them.
Council Member Chesney said the Fifth Circuit includes the Corpus Christi area. Mr.
Benadum said the district courts will have to treat this opinion as precedent. Mr. Chesney said he
spoke with Mr. Kelly about proposing to change the buffer zone in the ordinance to 2,500 feet
instead of 1,000 feet to address the concerns of people in District 1. Mr. Benadum said the location
restriction is already unconstitutional.
Council Member Kinnison asked Mr. Benadum to further explain his request regarding the
grandfather clause. Mr. Benadum said they are asking the Council to eliminate the seven-year
limitation and make it the same as the non-conforming use exception that exists in the general zoning
ordinance. He said as long as the use of the property continues, that non-conforming use is allowed.
Council Member Longoria asked when the Council will address this issue. Mr. Garcia said
the ordinance has been in effect for six years, which the city is enforcing by not allowing any new
clubs unless they meet the guidelines. He said that six months ago, the city sent the first notices to
the existing adult businesses that the grandfather period will expire in July 2003 and they will have
to relocate; subsequent notices will also be sent.
Mr. Garcia added that City Attorney Bray has not had the opportunity to review this latest
opinion but he will do so expeditiously. However, he said unless the Council takes some action to
reconsider the approval of the existing ordinance, city staff is not proposing that this ordinance be
reconsidered. Mr. Longoria said he is the only current Council member who was involved in that
process in 1996. He said both sides understood that much would change in seven years and that it
would probably be picked up by the current Council. He said some challenges have been raised to
cities' ordinances and he feels the Council should look at this issue. He said they need to consider
if this is worth spending taxpayers' dollars fighting in court. Mr. Bray said he can provide
information by the first meeting in December. The Mayor said they will have an executive session.
Responding to Council Member Colmenero, Mr. Benadum said the adult lounge owners feel
that the ordinance goes too far in its attempts to regulate that type of activity and it is not justified
by the evidence. He said they would prefer to work at the Council level but if that is not possible,
their only recourse is to go to federal court.
Council Member Noyola asked how many clubs existed when the ordinance was adopted.
Mr. Benadum said that today there are 10 licensed businesses and one of those is not in operation
at the moment. He added that he does not represent the adult bookstore, which is also a sexually
oriented business. In reply to another question from Mr. Noyola, Mr. Garcia said the reason the city
can regulate the activity of sexually oriented businesses is because of the effect they have on
Minutes - Regular Council Meeting
November 12, 2002 - Page 26
surrounding neighborhoods, churches and schools. He said if the Council grandfathers permanently,
they basically defeat the purpose of the ordinance by allowing the businesses to continue and they
undermine their ability to regulate at all.
Council Member Garrett said that if the topless dancing ceased in those businesses, they
would not have to relocate. Mr. Garcia agreed, saying that if the activity is removed, the bar itself
does not qualify as a sexually oriented business.
Mr. Neal Trolinger, 221 Riverdale Dr., said he has a web site called votecc.com and part of
its focus is to get the community engaged in political issues. He said the site uses humor to make its
points and he distributed "good sports awards" to Mayor Neal and Mr. Scott.
Ms. Mary Beth Nelson, 2721 Erie Dr., said that a few weeks ago she sent the Council and
city staff a letter regarding her concerns about public access on cable television. She said she
contacted the Legal Department and obtained copies of the response from Time Warner Cable and
Ms. Beverly Winters with the public access studio. Ms. Nelson said that neither the studio nor the
equipment is operational and while the editing equipment is technically up and running, it is not the
right equipment. She said they have now missed one election because people did not have access to
a studio for freedom of speech. She asked the Council to solve this problem.
Mr. Noyola asked if the city monitors the equipment. Ms. Susan Cable, Director of E-
Government Services, said the city keeps up with the equipment because it maintains ownership and
the equipment has been transferred to the studio and is operational. She said the 1/2-inch editing
suite has completely broken down and Mr. Robert Hughes, who is contracted by the Education
Foundation, has brought some of his own equipment and is working with the users. She said the
Education Foundation is inviting the Council to view the studio. She said the delays with the studio
were caused by the weather and other circumstances.
Mr. Kelly asked if the user group has been fully cooperative in getting the studio up and
going. Ms. Cable said there is more they can do to help support that. She said there has been an
adversarial situation with a small percentage of the people involved. She said she is comfortable with
the progress the Education Foundation has made and Time Wamer has tried very hard to provide
assistance in the transition. Additional discussion ensued.
Mr. Rey Yzaguirre, 4845 Kendall Dr., said he produces a public access television show to
share what he has learned about the Bible. He said he wants to continue with his show.
Mr. Jerome Bradford, 4805 Hamlett Dr., said he is vice president of NUPAC and Ms. Nelson
is the president. He said some of the producers were told they needed to be re-certified. He said the
city was given three-quarter inch equipment and now the studio operators want to go to half-inch
equipment. He said he spoke with Mr. Bob Jones and he referred to a requirement to notify people.
Ms. Cable explained that NUPAC is the public access users group for cable Channel 10 and
their responsibilities include holding a lottery twice a year. She said they are required to notify all
the current producers about the date and time of the lottery and they have the right to charge
producers an annual fee to help fund those postage costs. She said NUPAC is charging members $20.
Minutes - Regular Council Meeting
November 12, 2002 - Page 27
She added that the half-inch editing suite is being repaired. Mr. Kelly asked if the equipment is going
to be obsolete and whether the city knew that. Ms. Cable said some of the equipment is four years
old and some is 10 years old. The Education Foundation is actively looking for replacement
equipment and Time Warner and Grande are contributing $7,000 annually for maintenance costs.
She said the foundation's proposal included intentions to apply for grants. Mr. Colmenero further
discussed different aspects of the equipment.
Mr. R.E. Byars, 4634 Blundell, said the Beverly Winters group has had its own political
agenda, which has been anti-public access television from the outset. He referred to computer
equipment that group acquired from Del Mar College. He also said the inventory submitted to the
city by Time Warner is short and the equipment belongs to the city and the citizens. He said he has
volunteered his time at the studio but he has been rebuffed.
Mayor Neal resumed discussion on the repairs that are needed around the city. Mr. Scott
asked about the target completion date on the drainage area underneath Mesquite Street. Mr. Escobar
said it should take two to three months and it will be paid through utilities reserves. The City
Engineer also discussed damages that occurred at a wastewater treatment plant, titt station and other
areas. Mr. Foster Crowell, Wastewater Superintendent, described why these damages occurred
following the excessive rains in late October.
Mayor Neal thanked city crews for their efforts and commented on the problems that occur
through stormwater infiltration. He also told the Council that they were given evaluation forms for
the City Manager and City Secretary, which t hey w ill discuss during an executive session on
November 19. He then called for Council concerns and reports.
Mr. Garrett asked if the Texas Department of Transportation (TXDOT) can give the Council
an update on the JFK Causeway project. Mr. Garcia said he thinks TXDOT officials should also
discuss the imminent closure of one of the highway fly-over ramps and the problem with traffic on
the exit ramps on Weber, Everhart and Staples. A brief discussion ensued.
Mr. Garrett also asked Mr. Garcia to check with the city's cab inspector to ensure that the
city's requirements are not unreasonable. Mr. Garcia said staffhas been turning down an increasing
number of cab driver applicants due to criminal histories and felony arrests. He said that has caused
a problem for some of the cab companies which sent over applicants who failed the background
checks. Mr. Gat'rea said there is a sink hole located at 15300 Bonasse Court in front of his house.
Mr. Chesney said he, Mr. Garrett and Mr. Coimenero are working to reschedule the District
2 town hall meeting, hopefully by the end of the year. He said the Friends of the Park will regroup
once Mrs. Sandy Billish's health improves and he commended the neighbors for their efforts at Pope
Park. He asked about the stormwater workshop. Ms. Valerie Gray, Stormwater Superintendent, said
they are going to post a public notice for the Stormwater Management Advisory Committee and call
each member individually; the Engineering Department will contact each of the members of the
Technical Committee. Mr. Chesney suggested that other groups be notified as well. He also
commented on the renovation of the Education Service Center; a special ceremony at Dawson
Elementary; the Edgeworks film festival that was held last weekend in Corpus Christi; and the
Adoption Awareness Day at West Guth Park.
Minutes - Regular Council Meeting
November 12, 2002 - Page 28
Mr. Scott asked staff to follow up on the high weeds and unkept sidewalks on Whitecap
Boulevard between Park Road 22 and Windward Drive. He complimented the citizens for the results
of the November 5, 2002, election, and he commented on the length of time for a utility
reimbursement. Mr. Scott said his family participates in the recycling program but if the city cannot
increase its utilization, there is a problem. He said the Council received an invitation from the
Mayor's Committee on Recycling. Mr. Bray said they will post that meeting.
Mr. Scott asked about a joint meeting with the county. Mayor Neal said he and Mr. Terry
Shamsie, the new County Judge-Elect, discussed having a joint meeting right atter the
Commissioners Court is sworn in. He said he gave Mr. Shamsie seven issues the Council has
discussed over the years involving the county and asked him to do the same.
Mr. Scott said the Dowden Park dedication is October 20 and citizens are planting the 58~
tree at Pope Park on October 15. He reiterated his request to seek assistance from Congressman Ortiz
to help with the Navy soccer fields in Flour Bluff. He also commended city staff for their efforts at
the town hall meeting on Padre Island last night.
Mr. Longoria said sewer lines continue to back up in a residential neighborhood for which
he will provide staff with the specific address. He said he was very disappointed that the San Patficio
Municipal Water District (SPMWD) teamed up with the San Antonio Water System to submit a
competing proposal to the Texas Water Board. Mr. Garcia said he called and wrote to SPMWD
officials, saying that Corpus Christi will formally object to their proposal. Mr. Massey said the
Regional Water Group will address that issue during their meeting on November 14.
Mr. Noyola asked staff to contact TXDOT about unsafe road conditions on Hwy. 44 coming
from the airport. He reported code violations on the 4300 block of Yolanda and West Point and he
requested information about Mr. Amaya's situation, which Mr. Garcia explained. Mr. Noyola said
brash needs to be picked up along Old Brownsville Road and he asked that Mr. Howard David Reyes
be recognized for his service to the airport. The Mayor asked that the Airport Board provide a
recommendation on how to honor Mr. Reyes.
Mr. Colmenero commented on the November 5 election and said he supports a joint meeting
with the county. He addressed the downtown flooding problems and he asked staff to look at traffic
signal synchronization, particularlybetween Gollihar and Home roms. He said he will provide staff
with an address of a house being used for storage rather than residential purposes and he said there
is a large pothole at the intersection of Clifford and Alameda.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:12 p.m. on November 12, 2002.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
November 11, 2002 - 11:02 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Council Members:
Brent Chesney
Henry Garrett
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attomey James R. Bray Jr.
City Secretary Annando Chapa
Recording Secretary Rachelle Parry
ABSENT
Mayor Pro Tem Javier D. Colmenero
Bill Kelly
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.
Mayor Neal opened discussion on Item 1, canvassing returns for the November 5, 2002,
election. Mr. Chapa explained that the Mayor has been furnished with all of the envelopes of the
precinct-by-precinct results provided by each precinct judge. There is also a booklet prepared by the
County Clerk's Office showing the election results that were reported to the public. Mr. Chapa said
the Crime Control District Board met at 10 a.m. on November 11, 2002, and they canvassed and
declared the results official for Proposition 1, renewal of the crime control district.
The Mayor randomly selected the following precincts to canvass: 8, 40, 72, 58 and 119.
There were no discrepancies in the votes or comments from the public. The ordinance passed as
follows:
1. ORDiNANCE NO. 025081
Ordinance canvassing retums and declaring the results of the Special Election held on
November 5, 2002, in the City of Corpus Christi for the adoption of a sales and use tax of
one-eighth of one percent for projects authorized by Section 4A of the Development
Corporation Act; charter amendment to change the Council/Manager system of government
to a strong mayor system; and a charter amendment to require an election for leases
exceeding five years in the marina area.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kiunison, Longoria, Noyola, and Scott voting "Aye"; Colmenero and Kelly absent.
There being no further business to come before the Council, Mayor Neal adjourned the
special Council meeting at 11:10 a.m. on November 11, 2002.
2
NO ATTACHMENT FOR THIS ITEM
3
NO ATTACHMENT FOR THIS ITEM
4
NO ATTACHMENT FOR THIS ITEM
5
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving the lease purchase of office furniture from Corporate
Express of Texas, Inc., Corpus Christi, Texas in accordance with the US Communities Government
Purchasing Alliance for the total amount of $238,356.12. The office furniture will be used by
Development Services at the One Stop Center located on the first floor of the Frost Building. Funds
have been budgeted by Development Services in FY02~03.
Purpose:
The office furniture will be installed at the new One Stop Center located at
the Frost Building. The furniture consists of approximately 900 linear feet of
partition wall, forty-one workstations, eight desk stations, fifteen tables,
twenty-one file cabinets and one hundred four chairs.
Award Basis:
The furniture is purchased under the US Communities Government
Purchasing Alliance, contract number RQ01-411313-16A-E with Herman
Miller, Inc. Purchases made under the US Communities Government
Purchasing Alliance satisfy all competitive bidding requirements. Corporate
Express of Texas, Inc., (Corporate Express) is the local Herman Miller agent
and will be the installing and servicing representative for the City.
Funding:
The fumiture will be financed by the City's lease/purchase contractor. The
estimated interest rate is 3.85%. The actual interest rate will be determined
after acceptance of the equipment. The equipment will be leased for sixty
months. The estimated annual payment is $52,482.84. The five-year total
including principal of $238,356.12 and interest of $24,058.08 is $262,414.20.
Development Center
530210-5110-40305
pMrio~:chu;;lment &Barrerb~e~e;al~"~'Services Manager
$26,241.42
BID TABULATION
OFFICE FURNITURE FOR DEVELOPMENT SERVICES
US COMMUNITEES - COOPERATIVE PURCHASING AGREEMENT
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
Item Description
900 feet ofwall partitions, 41 workstations
and 8 desk stations
Tables
File cabinets
Chairs
Qt7 Unit
1 lot
15 each
21 each
104 each
Corporate Express
Corpus Christi, Texas
Unit Total
Price Price
$'163,093.12
(*)
663.00 9,945.00
966.00 20,286.00
(*)
433.00 45,032.00
(*) Average price
$238,356.12
6
AGENDA MEMORANDUM
DATE: November 19, 2002
SUBJECT: Oso Wastewater Treatment Plant Lift Station No. 2 Roof Repairs Project -
Rebid (Project #7223)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Haeber Roofing Company for a total fee not t o e xceed $ 55,949.80 f or t he O so
Wastewater Treatment Plant Lift Station No. 2 Roof Repairs Project - Rebid.
ISSUE: The roof of Lift Station No. 2 located at the Oso Wastewater Treatment Plant is
old, deteriorated, and leaks during periods of heavy rainfall. Due to the age and condition
of the roof it has reached the end of its economic life and requires replacement.
FUNDING: Funds for this project are available in the Wastewater Department's FY 2001-
2002 Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell
Director of Wastewater
~lil'el R. Escobar, P.E., '
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Oso Wastewater Treatment Plant Lift Station No. 2 Roof Repairs Project -
Rebid (Project #7223)
PRIOR COUNCIL ACTION:
1. January 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget
for $152,674,800. (Ordinance No. 024730)
PRIOR ADMINISTRATIVE ACTION:
1. July 26, 2001 - Administrative approval of a small AJE agreement with Total Design
Four, Inc. in the amount of $3,260 for design services necessary to complete the
Oso Wastewater Treatment Plant Lift Station No. 2 Roof Repairs.
2. December 21,2001 - Administrative approval of a small AJE agreement with Mody
K. Boatright, P.E., in the amount of $1,200 for material inspection services
necessary to complete the Oso Wastewater Treatment Plant Lift Station No. 2 Roof
Repairs.
3. July 09, 2002 - Administrative approval of a small A/E agreement with Pomher, Inc.
in the amount of $2,500 for project inspection services necessary to complete the
Oso Wastewater Treatment Plant Lift Station No. 2 Roof Repairs.
FUTURE COUNCIL ACTION: None
PROJECT BACKGROUND: The proposed project addresses Lift Station No. 2 located at
the Oso Wastewater Treatment Plant. The roof of Lift Station No. 2 is old, deteriorated,
and leaks dudng periods of heavy rainfall. The roof must be replaced to prevent further
infiltration of water into the building.
PROJECT DESCRIPTION:: The proposed project consists of the removal of existing
roofing, roof ventilators, roof drains and metal deck and the installation of: · a new metal deck;
· mineral cap sheet roofing,
ventilators,
· scuppers,
· downspouts and splash blocks;
· repair of minor areas of deteriorated steel beams; and,
· painting of the roof structure and metal deck in accordance with the plans,
specifications, and contract documents
EXHIBIT "A"
Page 1 of 2
BID INFORMATION: This project originally bid on June 12, 2002, and all bids were
rejected due to high pdce. The project rebid on July 17, 2002 and the bids were rejected
after review of the Iow bidder's schedule of values. On October 30, 2002, the project rebid
and the City received bid proposals from two (2) bidders. (See Exhibit "C") The bids
ranged from $55,949.80 to $64,580.00. The Engineer's estimated construction cost for
the project is $57,855.44.
At this time it is advised that based on Iow bid, past satisfactory experience with projects of
this type, and need to repair the roof in an expeditious manner, that a construction contract
be awarded in the amount of $55,949.80 to Haeber Roofing Company of Corpus Christi,
Texas, for the Oso Wastewater Treatment Plant Lift Station No. 2 Roof Repairs Project -
Rebid.
CONTRACT TERMS: The contract specifies that the project will be completed in 150
calendar days, with completion anticipated by late May 2003.
FUNDING: Funds for this project are available in the Wastewater Capital Improvement
Budget.
EXHIBIT "A"
Page 2 of 2
OSO WASTEWATER TREATMENT PLANT
LIFT STATION NO. 2 ROOF REPAIRS - REBID
November 19, 2002
FUNDS AVAILABLE:
IFiscal Year 2001-02 Wastewater CIP
Budget
FUNDS REQUIRED:
ESTIMATED
BUDGET
I $ 70,504.80 I
Construction Cost (Haeber Roofing Co.) $ 55,949.80
Construction Contingencies 5,595.00
A/E Contract (Total Design Four) 3,260.00
Mody Boatright (Material Inspection Services) 1,200.00
Porcher, Inc. (Project Inspection Services) 2,500.00
Engineering Reimbursements 1,000.00
Administrative Reimbursements 500.00
Incidental Expenses (Printing, Advertising, etc.) 500.00
Total ..................................................................................................... $ 70,504.80
EXHIBIT "B"
Page 1 of 1
TABULATION OF BIDS Page 1 of 1
DEPARTMENT OF ENGINEERING - CITY OP CORPUS CHRISTI, TEXAS
TABULATED BYs Angel R.Escobar, P.E., Director of Engineering Services
DATE: Wednesday, October 30, 2002 TIM OY COMPLETIONI 150 Calendar Days ENGINEER'S ESTnMTE: $57,855.44
Oso WWTP Lift Station No. 2
Roof Repairs - REBID
Project No. 7223
Hester Roofing Co.
2833 Holly Rd.
C.C., TX 78415
Bruton/Gomez & Co.Inc.
P.O.Box 8794
C.C., TX 78468
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
1
The project consists of the removal of the existing
1
LS
$53,325.00
$62,500.00
0.00
roofing, roof ventilators, roof drains and metal deck.
The installation of a new metal deck; mineral cap sheet
roofings copper downspouts and pre -cast concrete splash
blocks; repair of minor areas of deteriorated steel
beams and painting of the roof structure and metal deck
in accordance with the plans, specifications and
contract documents, complete in place per lump sum
2
Beam repairs as per detail -V on sheet 3 complete in
80
LF
32.81
$2,624.80
26.00
$2,080.00
0.00
place per linear foot
T01'AL HA88 BID lSTIIeB 1 AND 31:
$55,949.80
$64,580.00
0.00
Mpratec~ \ counc,exn,~,~s ~exn ~z~.~w~
LOCATZON MAP
P~JECT No. 7223 ~r m ~ EXH~BZT "D"
Oso Watec Tceatment P~ant C~TY COUNCZL EXHZBZT ~
L~ ft Station No. 2 Roof RepaSts O~T o~ ~ ~.C~
Pco]ect - Reb~d PAGE: I of 1
City of Carpus Chdsfi, Texas DATE: 11-14-2002 ~
7
AGENDA MEMORANDUM
DATE: November 19, 2002
SUBJECT: Blucher Arroyo Storm Water Drainage Structure Condition Assessment.
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute an amendment to an
engineering services contract with Shiner Moseley & Associates, Inc. in the amount of
$84,748 for the Blucher Arroyo Storm Water Drainage Structure Condition Assessment.
ISSUE: Due to the recent heavy rains, a section of the Blucher Arroyo Storm Drainage
Structure near Mesquite Street, experienced structure failure causing large washouts below
the floor. A detailed inspection of the entire length of the structure is necessary to
determine the actual extent of the damage.
FUNDING: Funds for this project are available in the FY 2001-2002 Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
V
Di~l:tor of Storm rations
'~gc41 R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit"B" Contract Summary
Exhibit "C" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Blucher Arroyo Storm Water Drainage Structure Condition Assessment.
PRIOR COUNCIL ACTION:
1. November25, 1997 - Approval of seawall investigation and use of Gateway proceeds
(M97-347);
2. March 24, 1998-
· Motion authorizing the execution of a contract in the amount of $36,804 with Bracco
Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084);
· Motion to authorize award of a seawall condition assessment in amount of $386,000
to Shiner Moseley and Associates, Inc. (M98-085);
· Motion to authorize execution of a Contract for G eotechnical, Laboratory, a nd
Petrography Services related to the Seawall Investigation Project with Bacon
Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and
· Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive
Investigation Services for the $eawall Investigation Project with W. G. J aques
Company for a fee not to exceed $86,210 (M98-087).
3. May 29, 2001 -
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 5
for engineering services in the amount of $581,000 with Shiner Moseley and
Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and
Seawall Reconstruction Project B-1 (M2001-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical and
materials testing contract in an amount not to exceed $79,602 with Fugro South,
Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project
(Contract A) and Seawall Reconstruction Project B-1 (M2001-209).
4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 for engineering services in the amount of $87,700 with Shiner
Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A)
and Seawall Reconstruction Project B-I (M2002-022).
5. April 30, 2002
· Motion authorizing the City Manager, or his designee, to execute a construction
contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the
Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-123).
· Motion authorizing the City Manager, or his designee, to execute an engineering
materials and construction contract with Fugro South in an amount not to exceed
$49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1
(M2002-124).
EXHIBIT "A"
Page 1 of 3
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 7
with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional
construction inspection and management services contract for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-125).
October 29, 2002
· 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. for
the Seawall Reconstruction Project B-2 (Part A and Part B) - (M2002-360).
· 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
(M2002-361).
PRIOR ADMINISTRATIVE ACTION:
1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to
Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services
related to the Seawall Investigation Project;
2. February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in
amount of $14,350 of seawall condition assessment contract with Shiner Moseley
and Associates, Inc.;
3. Au.qust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate
Structures) i n a mount o f $ -0- ( change o f scope) of seawall condition assessment
contract with Shiner Moseley and Associates, Inc.;
4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures
Foundation and Railroad coordination) in a mount o f $14,350 o f seawall condition
assessment contract with Shiner Moseley and Associates, Inc.; and
5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures
Construction Phase) in amount of $13,330 of seawall condition assessment contract
with Shiner Moseley and Associates, Inc.
FUTURE COUNCIL ACTION: Approval of construction contract to complete any
necessary repairs.
PROJECT BACKGROUND: The Blucher Arroyo Storm Drainage Structure is composed
of several different structure types and was built in multiple time periods. The section of
line that collapsed during the recent heavy rains was built around 1940, at the same time
as the Seawall. After the rains ceased, a manhole was installed on the top of the structure
of Mesquite, which allowed for a brief visual inspection as to the condition of the structure.
This inspection was cursory in nature and only in the vicinity of the new manhole, but
verified the need for a more detailed examination for the entire length of the structure.
PROJECT DESCRIPTION: This project consists of interior assessment of the Blucher
Arroyo Drainage Structure from Tancahua Street to the outfall that penetrates the Seawall
approximately 160' North of the centerline of the Cooper's Alley L-Head. From Tancahua
Street to Mesquite Street, it is anticipated that the structure will be above the groundwater
table, where a detailed visual examination can be accomplished of the floor, walls and top
slab. From Mesquite Street to the outfall at the Seawall, the majority of the structure will
EXHIBIT "A"
Page 2 of 3
be submerged, and the interior assessment will include a tactile investigation conducted
primarily by "feel". This part of the investigation will attempt to identify irregularities, major
defects or discontinuities. Major deficiencies along with typical conditions will be
photographed and locations documented.
This work will be performed in a closely confined space and underwater for a length of
approximately 2,400 feet. It will require the expertise of specialized personnel and trained
divers who are experienced in this type of work and are knowledgeable of all OSHA and
State and Federal regulations for this type of inspection in confined space and underwater.
After the field inspection is complete, a report will be generated that will illustrate key
dimensions and structure cress-sections, major defect descriptions and locations, along
with photos of the defects. Conceptual solutions of repair will be sketched and opinions of
probable cost will be generated in the report, along with a narrative of the assessment.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Page 3 of 3
CONTRACT SUMMARY
SEAWALL RECONSTRUCTION PROJECT-
BLUCHER ARROYO STORMWATER DRAINAGE STRUCTURE
CONDITION ASSESSMENT
1. SCOPE OF PROJECT:
Blucher Arroyo Storm Water Drainage Structure Condition Assessment (Project
#2146)
This project consists of intedor assessment of the Blucher Arroyo Drainage Structure from
Tancahua Street to the outfall that penetrates the Seawall approximately 160' North of the
centerline of the Cooper's Alley L-Head. From Tancahua Street to Mesquite Street, it is
anticipated that the structure will be above the groundwater table, where a detailed visual
examination can be accomplished of the floor, walls and top slab. From Mesquite Street
to the outfall at the Seawall, the majority of the structure will be submerged, and the interior
assessment will include a tactile investigation conducted primarily by "feel". This part of
the investigation will attempt to identify irregularities, major defects or discontinuities. Major
deficiencies along with typical conditions will be photographed and locations documented.
2. ORDER OF SERVICES - Section 3. Order of Services is amended by the addition of a
sentence that reads:
The for the condition assessment and report generation is as follows:
Project Schedule
Field work (Mesquite to Tancahua -
emergent)
Field work (Mesquite to Outfall -
submerged)
Report Development (draft)
Final report
By November 22, 2002
By November 26, 2002
By December 19, 2002
7 days after receipt of City comments
Page 1 of 2
3. FEE - Section 5. Fee is amended to read as follows:
The city will pay the A/E fee, in the amount of $84,748, for providing services
authorized. The A/E will submit invoices in accordance with the City's approved format.
C. Summary of Fees
Odginal Contract with Amendments 1, 2, 3, 4, 5, 6, 7 & 8...$2,256~930
AMENDMENT No. 9
BLUCHER ARROYO STORMWATER DRAINAGE STRUCTURE
CONDITION ASSESSMENT
Fee for Basic Services .................................................... $841748
Total Fee ................................................................... $2,341,678
Page 2 of 2
Mpro~ect \ councilexhibits \ exh 2164.dw~l
San Patricio County
NUECES BAY
PROJECT LOCATION
N
CORPUS CHRISTI BAY
Nueces Coun~
LOCATION MAP
NTS
CZTY PROUECT if 2164
BLUCHER ARROYO STORM WATER
DRAINAGE STRUCTURE CONDITION
ASSESSMENT
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "C"
CITY COUNC_rL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of I
____--'-
DATE:11/14/2002 ~
8
AGENDA MEMORANDUM
DATE: November 19, 2002
SUBJECT: J.C. Elliott Landfill - Laboratory Services
Sector 10 Liner Improvements (Project #5145)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a materials testing and
laboratory services contract with Trinity Engineering / Kleinfelder in an amount not to
exceed $117,297 for the J. C. EIliott 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.
Independent inspection, laboratory tests and reports to the Texas Commission for
Environmental Quality (TCEQ) are required before a new sector can accept waste.
RECOMMENDATION: Approval of the motions as presented.
~rkal~an ~'
LOi~t'or of Solid Waste Services
Attachments:
a. Additional Information
b. Site Map
Angel R. Escobar, P.E.
Director of Engineering Services
H:\HOME\KEVINS\GEN\LAN DFI LL\SECTOR9~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 current disposal area (Sector 9) was constructed in 2002. 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 construction of Sector 10.
CONSULTANT SELECTION:
Trinity Engineering / Kleinfelder Trinity Engineering Testing Corporation (TETCO) of
Corpus Christi is the most familiar with J. C. Elliott Landfill having completed quality control
testing for previously opened sectors. Additionally, they have prepared the various
engineering reports required by TNRCC for the installation of new liner and the final cover
installations previously completed. They will be able to proceed expeditiously due to their
familiarity with Sectors 5, 6, 7, 8, 9 and the TCEQ Elliott permit.
CONTRACT SUMMARY: TCEQ requires an enhanced level of independent third party
verification and engineering reports associated with landfills. The proposed TETCO fee
($117,297) includes allowances for field services and laboratory services and the
preparation of the required reports to not exceed $117,297. Fees will be paid only for the
actual services provided.
FUNDING: Funding is available from Sanitary Landfill CIP Fund.
EXHIBIT "A" ]
Page 1 of 1
\ Mproject \ councilexhibits \ exh514 5.dwg
--N
J.C. ELLIOTT LANDFILL
F.M. 4~
LOCATION BAP
N.T.S.
[CLOSED SECTION OF LANDFILL
AREA LIMITS
PROJECT # 5145
PERIUETER SEE
ACCESS ROAD
PROJECT SZTE
N.T.S.
d. C. ELLZOTT LANDFZLL-LABORATORY
SERVZCES SECTOR 10 LZNER ZMPROVE-
MENTS
CITY OF CORPUS CHRISTI, TEXAS
ICURRENT LANDFILL
AREA SECTORS
EXHZBZT "B"
CZTY COUNCZL EXHZBZT
DEPARTMENT OF ENGINEERING SER~CES
PAGE: I of 1
DATE: 11-19-2002
9
AGENDA MEMORANDUM
November 19, 2002
SUBJECT: Wesley Seale Flood Damage Repairs - 2002 (Projects No. 8448)
Award of Contract for Engineering Services
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a
contract with the Freese and Nichols, Inc., in an amount not to exceed $40,000 for
engineering design services related to Wesley Seale Dam Flood Damage Repairs - 2002.
ISSUE: Water Department facilities located below Wesley Seale Dam incurred damage
due to the heavy water releases associated with recent flood events. An assessment of
those facilities indicates approximately $447,500 in damage occurred. Engineering
services are necessary to design the rehabi!itation of the facilities and prepare construction
documents prior to proceeding with the re~airs.
FUNDING:
the Water Department's FY2002-03 adopted Operating Budget.
~do Garafia', ~¢..~/~ngel R.CEscobar, P. E'.
Water Superintendent ~ Director of Engineering Services
Funds for these contracts are available in the Wesley Seale Dam activity of
_~ Approval of the motion as presented.
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Background/Summary of Contracts
Prior Council Action
Location Map
Page 1 of 1
\\ENGINEERING\DATAI\HOME\KEVINS\GEN\WATER~002DAMAGE\^AWARDMEMO.DOC
ADDITIONAL INFORMATION
BACKGROUND: Heavy rainfall events required the release of water through the crest
gates at Wesley Seale Dam. The rate of release was dependent on the rate of inflow
which resulted in the highest release rates recently experienced. During these events,
Wesley Seale Dam performed well and incurred no damage. However, a number of City
facilities associated with Wesley Seale Dam by necessity are located below the dam in the
floodway. A number of the facilities incurred damage that must be repaired.
The proposed repairs will include such items as:
Secondary stilling basin drain line repair;
· Rip rap erosion replacement;
· Access roads repairs;
· Cyclone security fence replacement; and
· Relief wells rehabilitation and gate operator repairs.
PRIOR COUNCIL ACTION:
July 23, 2002 - Approval of the FY2002-03 Budget (Ordinance No. 024974).
PRIOR ADMINISTRATIVE ACTION:
Auqust 26, 2002 - Award of contract to Freese and Nichols in the amount of $25,000 for
Flood Damage Assessment.
FUTURE COUNCIL ACTION:
Award of a contract for:
· construction materials testing and laboratory testing services; and
· construction contract for the required repairs.
CONSULTANT SELECTION:
Freese and Nichols has been the design engineer on a series of major projects associated
with Wesley Seale Dam. The most recent project was the Wesley Seale Dam
Rehabilitation and Stabilization project. Freese and Nichols possesses the most thorough
and complete knowledge of Wesley Seale Dam.
They were administratively retained to perform a flood damage assessment for the City's
water supply facilities. Based on the results of their report and the Emergency Disaster
Declarations, the Federal Emergency Management Agency (FEMA) will pay for up to 75%
of the incurred repair costs.
CONTRACT SUMMARIES: The contract summaries are attached. See Exhibit B.
FUNDING: Funding is available from Water Department's Annual Operating Budget.
EXHIBIT "A" 1
Page 1 of 1
CONTRACT SUMMARY
DESIGN OF FLOOD DAMAGE REPAIRS-WESLEY SEALE DAM
Paragraph 2, SCOPE OF WORK is revised to include the following tasks:
Provide engineering services for the design of rehabilitation of structures damaged
by recent flooding at Wesley Seale Dam, including the following specific facilities:
a. Maintenance Roadways downstream of the north and south spillways.
b. Security fencing downstream of the north and south spillways.
c. Security gate operator at the entrance to the north spillway.
d. French drain replacement along the south end-wall of the south spillway
secondary stilling-basin.
e. Restoration of the rip rap protection downstream of the south spillway's
secondary stilling basin,
f. Clean out and unplugging of the 24 inch RCP drain for the south spillway's
secondary stilling basin.
g. Design of repairs to other structures will be included as an additional service.
10.
11.
Prepare construction documents including plans and specifications for the repairs
detailed in paragraph 6 above. Provide three sets of draft plans and specifications
for review by the City.
After incorporating the City review comments, provide the City one set of full-size
and half-sized reproducible plans, an electronic copy of the CAD drawings, an
original copy and electronic copy of the project specifications for the City's records
and use in preparing copies for advertisement and construction of the project.
Providing the City a list of prospective bidders and assisting the City in the bid phase
of the project by conducting a pre-bid conference at the project site, answering
questions concerning the project by bidders, analyzing the bids received and
making recommendations concerning the award of the project.
Provide general representation services during the construction of the repairs
including up to four site visits. Additional City requested site visits will be provided
as an additional services.
Summary of Fees:
Contract/Task Fee
Original Contract $25,000.00
Amendment No. 1 $40,000.00
Total $65,000.00
Draft plans and specifications for the Rehabilitation of flood damage of Wesley
Seale Dam shall be completed within 90 days of notice to proceed on Amendment
1.
Exhibit B
Page 1 of I
H:\HOME\KEVINS\GE N\WATE R~2002 DAMAGE\^AEAWDEXHB, DOC
CHOKE CANYON RESERVOIR
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SEADRIFT
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MARY RHODES
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WESLEY SEALE DA~
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WATER PLANT
CORPUS
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CITY PROJECT NO. 8448
LOCATION I AP
NTS
WESLEY SEALE FLOOD DAMAGE REPAIRS-2002
CIIY OF CORPUS CHRISTI, TEXAS
EXHZBZT "C"
CZTY COUNCZL EXHZBZT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 11 - 19 -2002
10
AGENDA MEMORANDUM
November 19, 2002
AGENDA ITEM:
Motion approving the reimbursement application for $78,707.65 submitted by James
Stevenson, Dunhill Enterprises LLC, owner and developer of Casa Blanca Estates
Subdivision, for the installation of 812 linear feet of an off-site 15-inch PVC sanitary
sewer collection line, and,
Ordinance appropriating $78,707.65 in the Sanitary Sewer Collection Line Trust Fund
No. 4220 to James Stevenson, Dunhill Enterprises LLC reimbursement request for the
installation of 812 linear feet of an off-site 15-inch PVC sanitary sewer collection line to
develop Casa Blanca Estates Subdivision; and declaring an emergency.
ISSUE: James Stevenson, Dunhill Enterprises LLC, owner and developer of Casa Blanca
Estates Subdivision, has completed construction of public sanitary sewer improvements
to the subject tract that was platted on December 19, 2001. 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.
tdt,do,z., ,
Interim Director of Development Services
~g'el R. Escobar, P.E.
Director of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Background Information
Location Map
Reimbursement Application
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Casa Blanca Estates Subdivision
required the off-site extension of 812 linear feet of a 15-inch PVC wastewater collection
line to the newly platted development (see Exhibit B - Location Map). The 15-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 $78,707.65 has been submitted (see Exhibit C).
In accordance with the reimbursement criteria in the Platting Ordinance, the 20.00 acre
development is eligible for a reimbursement of $ 98,407.65. 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 $19,700.00 was granted. Because the
lot fee wes not paid at the time of recordation of the plat, the developer is due the allowed
reimbursement minus the lot fee value ($ 98,407.65 - $19,700.00 = $ 78,707.65). See
Exhibit C.
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
FLOUR BLUFF DRIVE
WALDRON ac
~= FIELD
ac WALDRON ROAD ___.
CASA BLANCA ESTATES
I
I
] LAGUNA SHORES ROAD
VICINITY MAP
CASA BLANCA ESTATES
~ ESTATES
SANITARY SEWER
CASA BLANCA ESTATES LOCATION MAP EXHIBIT B
OFFSITE SANITARY SEWER LINE sca~e: None
Sheet 1 of 1
REIMBURSEMENT
DEPT, OF ENGINEERING SERVICES
APPLICATION FOR SEWER LINE REIMBURSEMENT
I, James Stevenson~ Dunhill Enterprises LLC , owner and developer of Casa Blanca Estates j~ereby
request reimbursement for $ 75~707.65 for the installation of the sewer collection line installed in
conjunction with Casa Blanca Estates Subdivision as provided for by City Ordinance No. 17396. $
98,407.65 is the total reimbursable construction cost, including 7.5% engineering, as shown by the cost
supporting documents attached herewith, less the sewer line credit to the sewer lot/acreage fee o~ 19.700.00'.
THE STATE OF TEXAS §
COUNTY OF NUECES §
Before me, the undersigned authority on this day personally appeared James Stevenson , known to me
to be the person and off~cer whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed for the purposes and consideration therein expressed and in
the capacity therein stated.
Given under my hand and seal of office this ~_~day of AC/(~ ,2002.
Notary Public in and for
Nueces County, Texas
Date Commission Expires
CERTIFICATION
This 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
Director of Engineering Services
City of Corpus Christi
Date
* Note: Sewer line credit for sewer lot/acreage fee was not paid at platting
I Exhibit C]
APPLICATION FOR SEWER LINE CREDIT
I, James Stevenson. Dunhill Enternrises LLC . owner and developer of Casa Blanca Estates hereby
apply for $19,700.00 credit towards the sewer lot/acreage fee for the collection line extension installed in
conjunction with Casa Blanca Estates Subdivision as provided for by City Ordinance No. 17396. $
98,407.65 is the total reimbursable construction cost, including 7.5% engineering, as shown by the cost
supporting documents attached herewith.
THE STATE OF TEXAS §
COUNTY OF NUECES §
Before me, the undersigned authority on this day personally appeared James Stevenson , known to me
to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as thc act and deed for the purposes and consideration therein expressed and in
the capacity therein stated.
Given under my hand and seal of office this (~ day of/:lC~ (n ,2002.
Notary Public in and for
Nueces County, Texas
Date Commission Expires
CERTIFICATION
This information submitted with this application for reimbursement has been reviewed and determined to
be correct and a credit of $ 19,700.00 is herewith approved.
Director of Engineering Services
City of Corpus Christi
Date
CITY OF CORPUS CHRISTI
Water Department
ADMINISTRATION
MEMO
To: Special Services Engineer
From: Fred Pefla, Engineer Associate
Subject: Project Status Report
Project Name: ~o$o ~la6¢a [~qlco~4
Water Utilities
Project Number: ~L/- 31qo
COMPLETE ACCEPTANCE - Water
The water mains and appurtenances for this project have been installed in accordance with the Water Distribution
System Standards of the City of Corpns Christi. Upon final acceptance from the City of Corpus Christi
Engineering Department, this system is satisfactory for acceptance by the City of Corpus Christi Water
Department for permanent maintenance and operation.
WaterMain(s)tlengtlgsizeAype]: qO'- ~a".-[.).][.¢. qqo'- b"-
Water Main(s) Removed [length/size/type]:
Water Main(s) Abandoned [length/size/type]:
Valve(s) [type/quantity/size]: .~-~ ~p"
Valve(s) Abandoned [type/quantity/size]:
Pre-Taps ! Z~ Fire Hydrant Assembleies w/Valve(s) [quantity]:
Fred Pefia~ ~' Phone 857-1808
City of Corpus Christi, Water Utilities
CONDITIONAL ACCEPTANCE - Water
This system is conditionally accepted or accepted for services only. Complete Acceptance is contingent upon
final inspection and acceptance by the City of Corpus Christi Water Department. Until Complete Acceptance by
the City of Corpus Christi Water Department, the Developer remains responsible for any damages, leaks,
adjustments, etc. Operation of this system during Conditional Acceptance will be under the supervision of the
City of Corpus Chrhti Water Deparfanen_t only.
Date
XC.
Engineering Services, Engineering Department
Tap Applications Desk, Public Utilities
Water Department Inspector
Water Utilities Engineering File
CITY OF CORPUS CHRISTI
Water Department
ADMINISTRATION
MEMO
To: Special Services Engineer
From: Fred Pefla, Engineer Associate
Subject: Project Status Report
Project Name: Co$o ~)la~aca [c~4
~./~. COMPLETE ACCEPTANCE - Water
Water Utilities
Project Number: ~/./~ 3/qo
The water mains and appurtenances for this project have been installed in accordance with the Water Distribution
System Standards of the City of Corpus Christi. Upon fmal acceptance from the City of Corpus Christi
Engineering Department, this system is satisfactory for acceptance by the City of Corpus Christi Water
Department for permanent maintenance and operation.
Water Main(s) Removed [length/size/type]:
Water Main(s) Abandoned [length/size/type]:
Valve(s) [type/quantity/size]: .~'~ ~"
Valve(s) Abandoned [type/quantity/size]:
Pre-Taps I z/ Fire Hydrant Assembleies w/Valve(s) [quantity]:
CONDITIONAL ACCEPTANCE - Water
This system is conditionally accepted or accepted for services only. Complete Acceptance is contingent upon
final inspection and acceptance by the City of Corpus Christi Water Department. Until Complete Acceptance by
the City of Corpus Christi Water Department, the Developer remains responsible for any damages, leaks,
adjustments, etc. Operation of this system during Conditional Acceptance will be under the supervision of the
City of Corpus Christi Water Department only. .
tz I0 - I0 - 0 ,,~
Fred Pe Phone 857-1808 Date
City of Corpus Christi, Water Utilities
XC.
Engineering Services, Engineering Department
Tap Applications Desk, Public Utilities
Water Department Inspector
Water Utilities Engineering File
CITY OF CORPUS CItR[qTI
WASTEWATER DEPARTMENT
TO: Mark Simon, Acting Special Services Coordinator
FROM: Tom Bacon, Collection Systems Superintendent
SUBJECT: Project Status Report
~~~~__~ Water Utilities
Project Name: Project Number:
COMPI,ETE ACCEPTANCE - Wastewater
The Wastewater Department has conducted a vi.~m! and televisio~l inspection of the sanitary sewer
facilities installed in the above project. The Wastewater Department found these facilities acceptable for
operation and permanent ma~ntenanco. The material quantities accepted oxe:
/ ~'
Rehabilitated Manho le(s) [diameter/type]:
Force Main(s) [length/size/type]:
Line(s) Removed [length/siz~type]:
Line(s) Abandoned [lengtWsizWtype]:
Pre-Tap(s) [quantity]: /_.~
Air Release Valves lax~mlled [quantity]:
Lffi Station(s) [quantity]:
Abandoned [quantity]:
Tom Bacon Phone 857-1807 Date
City of Corpus Christi, Wastewater Depat~nt
Engineering Services, EngineerinE Department
Wastewater Department Inspector
Water Utilities Engineering
J. IL THOMPSON P.E.
144 Cordula Corpm C']~tl TX 78411
August 7, 2002
Mr. Mark Simon
Engineering Depar~nent
CITY OF CORPUS CHRISTI
P.O. BOX 9277
CORPUS CHRISTI TX 78469
Re: Casa Blanca Estates - Offsite Reimbursement Request - 15" Wastewater Line
Dear Mark)
The Offsite W,,~towaler Line for C~_~__ Blanca E~t~t,,~ has been completed and enclosed is a schedule
of the Final Off-Site Sanitary Sewer Costs for the subdivision. Please contact me if you need any
further information or documents at this time.
Sincerely,
Randy Thdt~pson P.E.
J. R. Thompson P.E. August 1,2002
Acreage Fee = Acreage (20 Acres) x WW acreage Fee ($985/ac)
Lot Fee = 15 lots x WW Lot Fee( $162/lo0
Fee Value = The greater of either Acreage Fee or Lot Fee
$19,700.00
$ 2,430.00
$19,700.00
Maximum Allowable Reimbursement
= 50% x Off-Site Pipe Diameter x Fee Value
-- (.50) (15") ($19,700.00)
= $147,750.00
Desired Reimbursement
= Off-Site Construction Cost - Lot Fee Credit
= $ 98,407.65 - $19,700
= $ 78,707.65
Wastewater Lot Fee Credit Requested: = $19,700.00
Sewer Line Reimbursement Requested: = $78,707.65
J. R. THOMPSON P.E.
l~'C.o~dula ~ C~rl~ TX '~,41!
November 08, 2002
Mr. Walter Jarrin
Engineering Department
CITY OF CORPUS CHRISTI
P.O. BOX 9277
CORPUS CHRISTI TX 78469
Re: Casa Blanca Estates
Dear Walter,
The subdivision improvements required for Casa Blanca Estates are summarized as follows:
Offsite Costs (All Public Improvements) = $239,068.00
30%ofoffsitecosts= $ 71,720.40 (which is less than the
reimbursement being requested.)
It I my tmdemtandmg that Mr. John Be I, the attorney for the owner, Dunhill Enterprises, and Mr.
Doyle Curtis have discussed the matter and have agreed that the 30% limitation on reimbursemem
will not apply for this application.
Please advise if you need any additional information or have any further questions regarding the
pending reimbursement request.
Sincerely,
Randy Thbbapson
cc: James and Regina Stevenson, Dunhill Enterprises
J. R. Thompson P.E. August 1, 2002
FINAL
OFF-SITE SANITARY SEWER COSTS
FOR
CASA BLANCA ESTATES
DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE
WASTEWATER (Offsite)
15" PVC SDR26 (16'-18') 24 L.F. $77.00 $1848.00
including stone embedment
15" PVC SDR26 (14'-16') 788 L.F. $74.00 $58312.00
including stone embedraent
5' Drop Manhole (14'-16~ ) I Each $8500.00 $8500.00
5' Std. Manhole (14'-16') I Each $8300.00 $8300.00
Well Pointing 812 L.F. $25.00 $20300.00
Trench Protectinn 812 L.F. $9.00 $7308.00
$104568.00
Less Cost of 8" Sewer Construction
8" PVC SDR26 (10'-12') 462 L.F. $14.00 $6468.00
4' Dia. Manhole (10'-12') 1 Each $2400.00 $2400.00
Trench Protection 462 L.F. $9.00 $4158.00
$13026.00
Construction Cost for Off-Site 15" Sewer Line $91542.00
Engineering (7.5%) $6865.65
Total Cost for Off-Site 15" Sewer Line $98407.65
'C 0 Y E R
$ H E E T
FAX
To:
Phone:
Subject:
Date:
Pages:
Randy Thompson, P.E.
(361)851-1032
Casa Blanca Estates, Reimbursement for
Off-Site 15" Wastewater Line
July 02, 2002
2
From the desk of...
Vernon e. Wuensohe, P,E.
Interim Special Services/Engineer
Engineering Service~, City of Corpus Christi
1201 Leopard Street, P.O. Box 9277
Corpus Christi, TX 78401
(512) 580-3825
Fax: (512) 880-3501
Dear Mr. Thompson:
Reference: Randy Thompson Letter faxed on June 28, 2002.
This letter responds to above referenced letter which provided revised information and requested
approval of reimbursement for off-site sanitaxy sewer public improvements in accordance with
provisions of the Platting Ordinance. Our review and comment of the reimbursement eligibility for
the utility follows:
Off-Site Sanitary. Sewer. The approved sanitary sewer construction improvements (15" sewer
line) qualify for reimbursement from the Sanitary Sewer Trunk Lines Trust Fund. Developer is
eligible for reimbursement for construction costs greater than the acreage fee. The summary of the
cost information that you submitted follows:
Wastewater System (apparent low bidder)
Engineering fee (7.5%)
Total
$ 91,542.00
6,865.65
$ 98,407.65
Sanitary Sewer Acre Fee
$19,700.00 .
Your preliminary estimate for reimbursement of $78,707.65 ($98,407.65 - $19,700.00) appears to
be a satisfactory representation of the amount eligible for reimbursement.
Approval and Additional Requirements, The reimbursement request is approved as presented
in the referenced letters and as summarized above. Your final reimbursement application should
be based upon As-Built quantities along with actual contract construction costs. The following are
additional requirements:
a. An application for credit, including all cost-supporting documentation, to be approved by
the Director of Engineering/City Engineer.
b. Application for Sewer line Reimbursement, including all cost-supporting documentation.
c. To assist in preparation of the Agenda Memorandum to be submitted for City Council
approval, an 8-1/2" x 11" exhibit showing: (1) site location map; and (2) the associated
project details (sizes, lengths, depth cuts, etc.). Please coordinate with me beforehand for
details.
It should be noted that this approval letter will replace the original requested and approval letter,
dated March 25, 2002, for the sanitary sewer line reimbursement.
Please call me if you have any questions.
Sincerely,
Vernon A. Wuensche, P.E.
Interim Special Services/Engineer
VW/ms
cc: Art Sosa - Acting Director of Development Services
'Angel R. Eseobar - P.E., Director of Engineering Services
WordP~ffe~t-h:/homedleo f/gen/reim-s~v~2092/~sablan.est
ORDINANCE
APPROPRIATING $78,707.6~ IN THE SANITARY SEWER COLLECTION LINE
TRUST FUND NO. 4220 TO PAY JAMES STEVENSON, DUNHILL
ENTERPRISES LLC. REIMBURSEMENT REQUEST FOR THE
INSTALLATION OF 812 LINEAR FEET OF AN OFF-SITE 15-INCH PVC
SANITARY SEWER COLLECTION LINE TO DEVELOP CASA BLANCA
ESTATES SUBDIVISION; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $78,707.6~is appropriated in the Sanitary Sewer Collection
Line Trust Fund No. 4220 to pay James Stevenson, Dunhill Enterprises LLC,
reimbursement request for the installation of 812 linear feet of an off-site 15-inch sanitary
sewer collection line to develop Casa Blanca Estates Subdivision.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (I) 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
I Jif , 2002
Lisa Aguilar O
Assistant City Attorney
11
AGENDA MEMORANDUM
November 4, 2002
AGENDA ITEM:
Ordinance approving the amount of $ 59,585.95 as sufficient funds be accepted in lieu of the
half street construction of County Road 41 from Country Creek Partners, Inc., as the
developer's contribution required by the development of Country Creek Subdivision Unit 5;
and establishing a City interest-bearing account in the infrastructure Trust Fund to deposit
the developer's contribution and restricting said monies for the completion of"improvements"
at the time of platting and development of the properties directly adjacent to and abutting the
secured "Improvement" opposite Country Creek Subdivision Unit 5, and declaring an
emergency.
ISSUE: The interest of the public is best served by delaying the half street construction of
County Road 41 with supporting infrastructure improvements that directly abut the platted
property known as Country Creek Subdivision Unit 5.
REQUIRED COUNCIL ACTION: Council must approve the amount of money paid as cash
in lieu of half street construction.
RECOMMENDATION: Staff r.ecommends approval of the ,o~as presented.
Art Sosa, A.I.h,. ~ ~:~Angel R. Escobar, P.E.
Acting Dir of Development Services Director of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Background Information
Paving Plan
Supporting Cost Estimates
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
The Country Creek Subdivision Unit 5 is a 24.82 acm tract that is being platted out of Section
A and Section 31, Laureles Farm Tracts for the purpose of developing a residential
subdivision. The Staffmcommendaflons for the platting ofthis property required the dedication
and construction of a half-street construction of County Road 41, a roach of 1,993.08 linear
feet of street pavementwith no other public improvements. See Exhibit B (Paving Plan). The
Corpus Chdsti Urban Transportation Plan designates County Road 41 as a future rural artedal
RA 1/80' (44' pavement width in an 80-foot dght of way). The Planning Commission approved
the plat containing the half street on the basis that it will be practical to require the dedication
of the other half when the adjoining pmperb/is platted.
Staff has determined, however, that the best interests of the public will be served if
infrastructure construction is delayed until such time that the full right-of-way width of the
sections of County Road 41 can be constructed. The Developer is willing to make payment
on a cash in lieu of construction for his sham of the infrastructure construction required in the
street right-of-way. This delayed arrangement can be entered into because the platted
property will have utility improvements and access to existing street infrastructure as required
by the Platting Ordinance. The Director of Engineering Services has determined that City
participation by payment into the Infrastructure Trust Fund by the City is not required. See
Platting Ordinance, Section IV.A.12.c.
Exhibit B (Paving Plan) and Exhibit C (Supporting Cost Estimates) provide technical data and
costs, respectively, for the half street for which the Developer is providing cash in lieu of
construction. The Developer's contribution has been established at $59,585.95.
This Ordinance will relieve Country Creek Partners, Inc., from any futura obligation to construct
~.ny of the aforementioned public improvements as it relates to Country Creek Subdivision Unit
EXHIBIT a
Page 1 of 1
COUNTRY
COUNTY ROAD 41-1/2 STREET CONSTRUCTION
CREEK SUBDIVISION UNIT
PAVING PLAN
V-DTCH I' THROUGH LANE I V-DTCH
18'
DEFERRED
80' R.O.W.
18'
EXHIBIT
B
U A
~ENGINEERINGN~
EXHIBIT C
ENGINEERING CONSTRUCTION SUPPORT
ESTIMATE
MONEY IN UEU OF t/2 STREET CONSTRUCTION (COUNTY ROAD 41)
COUNTRY CREEK SUBDIVISION UNIT $
ITEM DESCRIPTION QUAN.5% + UNIT PRIcEUNIT TOTALcosT
PAVING IMPROVEMENTS
I 2' HMAC I ,n~ding Prime Coat 4,872 SY $4.93 $,?.4,018.96
2 ~" Ume Stal~i;zled Callche Base 5,093 SY $3.36 $17,112.48
3 ~'Lime Stabilzied Subgrade 5,315 SY $2.69 $14,297.35
TOTAL COST OF CONSTRUCTION $55,428.79
i I
ENGINEERING FEE ~ 7.5% $4,157.16
I
TOTAL CONSTRUCTION & ENGINEERING COST $59,585.95
ENGINEER: RCU, E.I.T.
Urban Engineering
2725 8wantner
Corpus Christi, TX 784O4
1.361.-854-3101
1115/02
Job No. 20492.05.00
Page 1 of 3
ORDINANCE
APPROVING $59,585.95 FROM COUNTRY CREEK PARTNERS. INC.
DEVELOPER'S CONTRIBUTION FOR IN LIEU OF HALF STR~=~'~
CONSTRUCTION OF PORTION OF COUNTY ROAD 4'1 (WITH
SUPPORTING PUBLIC UTILITY INFRASTRUCTURE), AS REQUIRED BY
DEVELOPMENT OF COUNTRY CREEK SUBDIVISION UNIT 5; AND
ESTABLISHING A SEPARATE SUBACCOUNT FOR SAID HALF STREET
IN THE CITY INTEREST-BEARING ACCOUNT IN THE INFRASTRUCTURE
TRUST FUND FOR DEPOSIT OF DEVELOPER'S CONTRIBUTION; AN,D,
RESTRICTING SAID MONIES FOR COMPLETION OF "IMPROVEMENTS
AT TIME OF PLATTING AND DEVELOPMENT OF PROPERTIES
DIRECTLY ADJACENT TO AND ABUTTING THE
"IMPROVEMENT" OPPO SECURED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION '1. That $59,585.95 from Country Creek Partners, Inc. is approved as the
developer's contribution for the in lieu of half street construction of the portion of COUNTY
ROAD 41 (with supporting public utility infrastructure) required by the development of
COUNTRY CREEK SUBDIVISION UNIT 5.
SECTION 2. That the City shall establish a separate subacccount for said half street in the
interest-bearing account in the Infrastructure Trust Fund for deposit of developer's
contribution; and City shall restrict said monies for the completion of "improvements" at the
time of platting and development of the properties directly adjacent to and abutting the
secured "Improvement" opposite COUNTRY CREEK SUBDIVISION UNIT 5.
H:~. E G-DIR~DoyleDC u rtis'dd YDOC S~2002~P&ZORD02~Platting, ord~DoyieC~Ordi na nc. es~l a ifStrefiCas h ln. Lieu lOrd .Approv. C ash ~Cou ntryC, reek U nt5. CR41H
alf-StCash.lnLieu. CountryC reekPart, nerslnc. Ord.wpd
Page 2 of 3
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and
(2) suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed and shall take effect upon first reading
as an emergency measure this the 19th day of November, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L Neal, Jr., Mayor
LEGAL FORM APPROVED 15 November 2002
James R. Bray, Jr.
City Attorney
By:
~e°Ynli~rDA~s~iaSnt City Attorney
H:\LEG-D~R\D~y~eDCurtis~YD~cS~2~P&Z~RD~2~P~atting~rd~D~y~eC\~rdinanc,es~Ha~fStret~a$h~n~Lieu~rd~Appr~v~cash\~un~ryC~reekUnt5~R41H
alf. StCash.lnLieu.Count~jC.reekParL nerslnc. Ord,wpd
Page 3 of 3
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,
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr., Mayor
Rex A. Kinnison
Brent Chesney
Javier D. Colmenero
Henry Garreff
Bill Kelly
John Longoria
Jesse Noyola
Mark Scoff
H:~EG-D~R~D~yieD~urtis~YD~CS~2~2~P&z~RD~2~P~atting~rd~3~y~eC\~rdinanc~es~aifStret~Cash~n`Lieu~rd~Appr~v~Cash\~untryC~reekUnt5~cR41H
alf. StCash.lnLieu. CountryC.reekPart. nerslnc. Ord.wpd
12
AGENDA MEMORANDUM
November 19, 2002
SUBJECT: Seawall Reconstruction Project - Pilot Program and Contract B-1
(Project #3169)
AGENDA ITEM:
a. Motion authorizing the City Manager, or his designee, to proceed with the AEP/CPL
proposal for installation of new street light system and special events system in the
amount of $76,659 on the east side of Shoreline Boulevard between the barge dock
and Taylor Street in association with the Seawall Reconstruction project B-I.
b. Motion authorizing the City Manager, or his designee, to proceed with the AEP/CPL
proposal for conversion of the existing street light system on the west side of
Shoreline Boulevard from series circuitry to multiple (parallel) cimuitry in the amount
of $30,828.
FUNDING: Funding is available from the Seawall Capital Improvement Fund and 2000
Bond Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~oCL./~ngel R. Escobar, P.E. Dale
Director - Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - AEP/CPL Proposal Letter
Exhibit C - Location Map
H:\HOME\KEVINS\G EN\SEAWALL\PILOTB l~AEPAwdMemo.doc
ADDITIONAL INFORMATION
PRIOR ACTIONS:
This project has involved a number of complex actions. The most significant Council and
administrative actions are attached. See Exhibit A-1.
FUTURE COUNCIL ACTION:
No additional actions for the Pilot and Project B-1 project is contemplated.
BACKGROUND:
The Bayfront Protection Structures include a number of improvements.
those improvements and their condition is attached. See Exhibit A-2.
A summary of
PROGRAM SCOPE: AEP/CPL will install dual head streetlights to provide illumination of
Shoreline Boulevard, sidewalk and Seawall steps. The work will include provision for
special events power for festivals and other events. The conversion of the circuitry on the
west side will include the conversion of nine fixtures from 400-watt mercury vapor to 400-
watt metal halide.
RECOMMENDATION: Approval of the motions as presented.
Exhibit A
Page I of 1
H:\HOM E\KEVINS\GEN\SEAWALL\PI LOTB 1 ~AE PAwd B KGExhA.doc
PRIOR ACTIONS
PRIOR COUNCIL ACTIONS:
1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97-
347);
2. Mamh 24, 1998-
· Motion authorizing the execution of a contract in the amount of $36,804 with Bracco
Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084);
· Motion to authorize award of a seawall condition assessment in amount of $386,000 to
Shiner Moseley and Associates, Inc. (M98-085);
· Motion to authorize execution of a Contract for Geotechnical, Laboratory, and
Petrography Services related to the Seawall Investigation Project with Bacon
Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and
· Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive
Investigation Services for the Seawall Investigation Project with W. G. Jaques Company
for a fee not to exceed $86,210 (M98-087).
3. May 29, 2001 -
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for
engineering services in the amount of $581,000 with Shiner Moseley and Associates,
Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 (M2001-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical and
materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc.
(Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A)
and Seawall Reconstruction Project B-1 (M2001-209).
4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley
and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 (M2002-022).
5. April 30, 2002
· Motion authorizing the City Manager, or his designee, to execute a construction contract
in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-123).
· Motion authorizing the City Manager, or his designee, to execute an engineering
materials and construction contract with Fugro South in an amount not to exceed
$49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-
124).
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with
Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional
construction inspection and management services contract for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-125).
6. October 29, 2002
· Motion authorizing the City Manage,r, or his designee, to execute Amendment
No. 8 in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for
the Seawall Reconstruction Project B-2 (Part A and Part B) - (M2002-360).
· 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
(M2002-361).
IExhibit A-1
Page 1 of 2
PRIOR ADMINISTRATIVE ACTIONS:
1. June 8, 1998 - Award of Amendment No. I (additional testing) in amount of $13,470 to
Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services related to
the Seawall Investigation Project;
2. February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in amount
of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates,
Inc.;
3. AuRust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures)
in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner
Moseley and Associates, Inc.;
4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures
Foundation and Railroad coordination) in amount of $14,350 of seawall condition
assessment contract with Shiner Moseley and Associates, Inc.; and
5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures
Construction Phase) in amount of $13,330 of seawall condition assessment contract with
Shiner Moseley and Associates, Inc.
Exhibit A-1
Page 2 of 2 ]
BAYFRONT PROTECTION & CONDITION ASSESSMENT
BAYFRONT PROTECTION STRUCTURES:
Construction of the Bayfront Protection Structures began in 1939. The most identifiable
portion of these structures is the concrete steps and apron panels (sidewalk). However,
the Bayfront Protection Structures and other seawall or bulkhead type structures also
includes the L and T-heads, breakwaters, riprap, and the earthen levy extending to the
Harbor Bridge.
The structures incorporated into the Bayfront Protection include:
1. Vertical Bulkheads consisting of steel sheet pile main wall with reinforced
concrete caps;
2. Sloped Slabs on Grade with shallow steel sheet piles c ut-off wall at the
lower edge;
3. Stepped Seawall Sections which are timber pile supported reinforced
concrete beam-and-slab structures with four transverse beams extending
from a top longitudinal girder (head beam) to a bottom steel sheet
pile/concrete cap (beam).
The seawall section beams are supported on creosote treated timber foundation piles
with the top surface of the slab being formed into steps conforming to the slope of the
seawall. Each section is headed at the top with a longitudinal beam for the full length
(40') of the section and ended at the bottom with a longitudinal pile cap beam along a
steel sheet pile wall. See Exhibit B-2. Three different designs of these sections were
used with a fourth modification without steps used at two locations.
Additionally, two large pressure discharge storm drains are installed through the seawall
that are of a significant size that the integrity of the line upstream is a major
consideration during storm tides. Storm Drain Sluice Gates also are installed through
the seawall. Weepholes (filtered relief ports) were also installed in each section of the
seawall to help alleviate excessive hydrostatic pressure behind the steel sheet piling.
CONDITION ASSESSMENTS:
The more recent condition assessments of the Seawall include:
1. November, 1980 - A Study of the Structural Integrity of the Peoples Street
T-Head, Including the Necessity, if any, for Piling. Ogletree & Gunn, Inc.;
2. October, 1981 - Engineering Study & Recommendation for L-Head and T-
Head and Breakwater Improvements. Goldston Engineering;
3. July, 1985 - Report on Condition Survey & Inspection of the Corpus Christi
Seawall. Ogletree, Byrne, Welsh & Hubner Engineering; and
4. June, 1987 - Preliminary Review for the Proposed Improvements to Barge
Dock & Water Circulation Tunnels. Ogletree Engineering, Inc.
5. November, 1999 - Seawall Investigation Project Final Report. Shiner
Moseley and Associates, Inc.
Exhibit A-2 J
Page 1 of 2
The most recent study by Shiner Moseley included geotechnical testing and analysis, a
pile condition or capacity assessment, concrete compression testing, laboratory tests of
reinforcing steel, concrete petrography, inspection and assessment of timber piles,
assessment of anchor rod and turnbuckle conditions, void detection, or use of new non-
destructive investigation techniques (Ground Penetrating Radar). (Concrete
petrography is the process of conducting tests on concrete samples (cores) to
determine/verify the original concrete mix design, water/cement ratios, and other
physical concrete properties.) Additionally, it was determined that an investigation of
representative sidewalk panels would be beneficial. Two panels were selected for
further investigation based upon visual inspection of cracking patterns and voiding
under the apron panels (panels 205 & 206).
ASSESSMENT FINDINGS:
The structure is over 60 years old. Marine structures of this type are typically designed
with a much shorter life and require major maintenance after 30 to 40 years. The
seawall has performed very well, but has received only the most minimal maintenance.
Key findings were:
1. the overall protection system is intact, but is in need of reconstruction to
ensure its continued viability;
2. soil has been lost under the seawall creating voids along its entire length;
3. the rear timber piles examined were decayed from fungus attack with up
to half the pile diameter lost, and marine borers have damaged the front
row of pilings;
4. concrete was found to be of a very high quality, but corrosive salts are
penetrating through the concrete;
5. reinforcing steel is not yet experiencing general corrosion, but where
cracks allowed seawater to penetrate to the steel there was limited areas
of significant corrosion;
6. there are noticeably large cracks in almost all of the 40-foot long concrete
panels that make up the seawall which appeared to have originated due to
temperature shortly after construction; and
7. sheet pilings that is supposed to seal and support the front of the seawall
were found to be deteriorated which weaken the wall and allow sand
under the seawall and sidewalk to leak out.
IExhibit A-2
Page 2 of 2 I
American Electric Power
Corpus Christi, TX 76403-2121
www.aep corn
July 15, 2002
Mr. Angel Escobar, P.E.
City Engineer
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
· Subject: SEAWALL STREET LIGHTING SYSTEM (PHASE I-HUGHES TO POWER)
Dear Mr. Escobar,
Listed below you will find revised cost estimates for the subject project. Please disregard the previous cost
estimates. Proposal IA consists of installing an underground electrical system to accommadate the
proposed lighting system on the east side of Shoreline Blvd. Proposal IB consists of installing an
underground electrical system to accommodate the proposed lighting system and special event load centers
on the east side of Shoreline Blvd. Proposal lB will require two bores under the north bound lane of
Shoreline Blvd. The special event load center will be a flush mounted sidewalk box at each light location.
The electrical capacity of this system will be similar to the existing Bayfest installation in the median of
Shoreline Blvd.
On the west side of Shoreline Blvd. the scope of work will consist of installing new underground circui~J
fi:om existing sources to the 9 existing street light locations. The light fixtures will be converted from 400-
watt mercury vapor to 400-watt metal halide. The circuitry will be converted fi.om series to multiple.
The following costs are a "turn key" estimate and are valid for 90 days.
PROPOSAL lA - COST FOR INSTALLING NEW STREET LIGHT SYSTEM ON EAST SIDE OF
SHORELINE BLVD.
$58,697 00 -- .. -- '-" ~
lB- COST STALLING. W S EET LIG--T SYSTEM, ,,SPEC
(.. / EWeS SYSTEM O. E*STSIDE S.ORELI BLVD.
PROPOSAL 2 - COST FOR CONVERTING EXISTING STREET LIGHT SYSTEM FROM
~ SERIES CIRCUITRY TO MULTIPLE ON WEST SIDE OF SHORELINE BLVD.
$30,828.00 '~
Proposal lA will requir- --- - ' -' ' e a 2 day window for installation while Proposal lB will require 3 to 4 days. The
new lighting system will not be energized until the conduit'cable system reaches the electrical source
located at the Miradore. This scenario applies to Proposal lA and lB.
These costs are based on AEP-CPL standard construction practices which may result in a less than
desirable compaction of the ditch line. Also, due to the fluctuation in material prices, AEP-CPL reserves
the right to adjust these costs if necessary.
If you have any questions or need additional information please feel free to call me at 889-3828.
Customer Service Technician
A £P..4 mariea'.¢ En~.rot, Partner ®
Exhibit B
Page I of I
S~PPED SEAWALL
WCZN~TY ~
NOT TO SCALE
PZLOT PR~ ~D ~NT~CT B-1 PAGE: I of 1
CI~ OF CORPUS CHRISTI, TEXAS DATE: 11-19-2002
13
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
November19, 2002
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A $259,829.98 GRANT FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR REPAIRS AND ALTERATIONS
AT THE WESLEY SEALE DAM AND REIMBURSEMENT OF EMERGENCY
RESPONSE ACTIVITIES AND SUBGRANTEE ADMINISTRATIVE EXPENSES,
WITH A CITY MATCH OF $84,035.71 IN THE NO. 4010 WATER FUND, AND
A TOTAL PROJECT COSTS OF $343,865.69
APPROPRIATING $259,829.98 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY IN THE NO. 4010 WATER FUND FOR REPAIRS
AND ALTERATIONS AT THE WESLEY SEALE DAM, AND
REIMBURSEMENT OF EMERGENCY RESPONSE ACTIVITIES AND
SUBGRANTEE ADMINISTRATIVE EXPENSES; AND DECLARING AN
EMERGENCY
ISSUE: The City has received a grant in the amount of $259,829.98 from the Federal
Emergency Management Agency for repairs and alterations at the Wesley Seale Dam and
reimbursement of emergency response activities and subgrantee administrative expenses,
with a city match of $84,035.71 in the no. 4010 water fund, and a total project costs of
$343,865.69 for uninsured losses resulting to City Property in San Patricio and Jim Wells
County from the Nueces River Flooding in July 2002. The grant funding is available as a
result of the Presidential Disaster Declaration for Public Assistance FEMA 1425 DR as
outlined in 44 CFR Part 201 pursuant to 322 of the Stafford Act. There is a 75/25 cost
share requirement for the Public Assistance program funding. FEMA will contribute up to
75 percent of the cost of the activities approved for funding. The 25 percent of the total
eligible costs will be from the water fund. All approved activities will need to be completed
by January 4, 2004.
REQUIRED COUNCIL ACTION: accept the grant and appropriate the funds.
PREVIOUS COUNCIL ACTION: None
FUNDING: The 25% percent local match will be through the Water Fund.
CONCLUSION AND RECOMMENDATION: Staff recommends council approve the
resolution.
DIVISION OF EMERGENCY MANAGEMENT
TEXAS DEPARTMENT OF PUBLIC SAFETY
RICK PERRY P.O. Box 4087, Austin, Texas 78773-0228 THOMAS A. DAVIS, JR.
Governor 5805 N. Lamar Blvd. Director
512 424 2138 / Fax 512 424 2444
JACK COLLEY
Coordinator
October 10, 2002
Mr. Juan Ortiz, E. M. C.
City of Corpus Christi E. M. C.
P. O. Box 9277
Corpus Christi, Texas 78469-9277
RE: Severe Storms and Flooding, FEMA 1425 DR TX
Dear Mr. Ortiz:
The enclosed package, number 20~ is a supplement to your FEMA Public Assistance grant and is
currently being processed for payment.
Please note the PW completion dates on the Project Application Summary (P.2). Every effort should be
made to ensure that the original completion dates are met. If additional time is required, you will need to
submit a written request for a time extension to our office. The reason for delay, the percentage of work
that has been completed and the anticipated completion date must be provided for each PW requiring an
extension. It is important to remember that the reason for delay must be based on extenuating
circumstances or unusual project requirements that are beyond the control of your jurisdiction er
organization.
The attached Project Completion and Certification Report (P.4) must be completed and returned to our
office within 60 days of completing all the approved work. You will need to indicate the completion date
and the actual amount spent for each project, sign and date the certification page, and mail the P.4 to our
office.
As a reminder, all approved PWs are subject to State and Federal review. Therefore, complete records
and cost documents must be maintained for at least three years from the date the last project is
completed er from the date final payment is received (whichever is later).
Should you wish to appeal any of the determinations made in this supplement, you will have 60 days from
the date of this letter to submit documentation that would support your position.
If you have any questions, please contact John Latham at 210-697-4553.
Sincerely,
Enclosures
DIVISION OF EMERGENCY MANAGEMENT
TEXAS DEPARTMENT OF PUBLIC SAFETY
RICK PERRY
Governor
P.O. Box 4087, Austin, Texas 78773-0228
5805 N. Lamar Blvd.
512 424 2138 / Fax 512 424 2444
Mr. Juan Ortiz, Emergency Mgmt. Coord.
Corpus Christi, City of
PO Box 9277
2406 Lepard St., Suite 400
Corpus Christi, Texas 78408
October 10, 2002
THOMAS A. DAVIS, JR.
Director
JACK COLLEY
Coo~ina~r
RE: Severe Storms and Flooding, FEMA 1425 DR TX
Dear Mr. Ortiz:
The enclosed package number 205, is a supplement to your FEMA Public Assistance grant and is being
processed for partial payment.
Since Project Worksheet (PW) 992-0 was approved for more than $52,000, a member of the Recovery
staff is required to review the documentation and verify the actual cost of this project before payment can
be made. This review will be scheduled once the project has been completed, all costs have been
identified, and a project cost summary has been submitted. In the interim, should an advance of funds be
necessary to help offset some of the cost of this project, I have enclosed an Advance of Funds Request
form for your use.
Please note the PW completion dates on the Project Application Summary (P.2). Every effort should be
made to ensure that the original completion dates are met. If additional time is required, you will need to
submit e written request for a time extension to our office. The reason for delay, the percentage of work
that has been completed and the anticipated completion date must be provided for each PW requiring an
extension. It is important to remember that the reason for delay must be based on extenuating
cimumstances or unusual project requirements that are beyond the control of your jurisdiction or
organization.
The attached Project Completion and Certification Report (P.4) must be completed and returned to our
office within 60 days of completing all the approved work. You will need to indicate the completion date
and the actual amount spent for each project, sign and date the certification page, and mail the P.4 to our
office. As a reminder, all approved PWs are subject to State and Federal review. Therefore, complete
records and cost documents must be maintained for at least three years from the date the last project is
completed or from the date final payment is received (whichever is later). Should you wish to appeal any
of the determinations made in this supplement, you will have 60 days from the date of this letter to submit
documentation that would support your position.
The sub-grantee shall comply with the regulations promulgated by the Office of the Governor under the
Uniform Grant and Contract Management Act (Texas Government code, Chapter 783).
If you have any questions, please contact John Latham at (210) 697-4553
Enclosures
DIVISION OF EMERGENCY MANAGEMENT
TEXAS DEPARTMENT OF PUBLIC SAFETY
DR-1425-TX Disaster Field Office
RICK PERRY 9830 Colonnade Blvd., Suite 200, San Antonio, TX 78320 THOMAS A. DAVIS, JR.
Governor 210-697-4400 / Fax 210-697-4499 Director
JACK COLLEY
Coordinator
October 09, 2002
Mr. Juan Ortiz, Emergency Management Coordinator
Office of Emergency Management
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469-9277
RE: FEMA 1425 DR TX. Severe Storms and Flooding
Dear Mr. Ortiz:
This is to inform you that your FEMA Public Assistance grant is currently being processed. The
enclosed Project Application is provided for your records and use in documenting the approved
work,
Please note the PW completion dates on the Project Application Summary (P.2). Every effort
should be made to ensure that the original completion dates are met, If additional time is
required, you will need to submit a written request for a time extension to our office. The roason
for delay, the percentage of work that has been completed and the anticipated completion date
must be provided for each PW requiring an extension, It is important to remember that the
reason for delay must be based on extenuating circumstances or unusual project requirements
that are beyond the control of your jurisdiction or organization,
The attached Project Completion and Certification Report (P.4) must be completed and returned
to our office within 60 days of completing all the approved work. You will need to indicate the
completion date and the actual amount spent for each project, sign and date the certification
page, and mail the P.4 to our office. As a reminder, all approved PWs are subject to State and
Federal review. Therefore, complete records and cost documents must be maintained for at least
three years from the date the last project is completed or from the date final payment is received
(whichever is later). Should you wish to appeal any of the determinations made in this
supplement, you will have 60 days from the date of this letter to submit documentation that would
support your position.
The sub-grantee shall comply with the regulations promulgated by the Office of the Governor
under the Uniform Grant and Contract Management Act (Texas Government code, Chapter 783).
If you have any questions, please contact John Latham at 210-697-4553.
DATE: 10/15/200
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC
ASSISTANCE GRANT SUMMARY (P.5)
Disaster#: 1425 -DR
State: TX
APPLICANT: 000-Ul6KF-00 CORPUS CHRISTI, CITY OF
Cost
PKG Date Approved PW CAT INF
Share
Project Amount
Federal Share
200 10/02/2002 08:10 993-0 G N
N
$3,385.00
$2,538.75
APPLICANT TOTAL IN PKG 200 (1 PW)
$3,385.00
$2,538.75
205 10/04/2002 01:10 992-0 D , N
N
$286,794.00
$215,095.50
APPLICANT TOTAL IN PKG 205 (1 PW)
$286,794.00
$215,095.50
209 10/08/2002 03:10 1123-0 B N
N
$45,963.83
$34,472.87
APPLICANT TOTAL IN PKG 209 (1 PW)
$45,963.83
$34,472.87
213 10/10/2002 06:10 990-0 D N
N
$0.00
$0.00
APPLICANT TOTAL IN PKG 213 (1 PW)
$0.00
$0.00
Subgrantee Admin
$101.55
$101.55
$6,702.03
$6,702.03
$919.28
$919.28
$0.00
$0.00
PAGE: 1
Total Approved
$2,640.30
$2,640.30
$221,797.53
$221,797.53
$35,392.15
$35,392.15
$0.00
$0.00
APPLICANT TOTAL: 000-Ul6KF-00 (4 PWs) $336,142.83 $252,107.12 $7,722.86 $259,829.98
TOTAL for report: (4 PWs) $336,142.83 $252,107.12 $7,722.86 $259,829.98
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A $259,829.98 GRANT FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR REPAIRS AND
ALTERATIONS AT THE WESLEY SEALE DAM AND
REIMBURSEMENT OF EMERGENCY RESPONSE ACTIVITIES AND
SUBGRANTEE ADMINISTRATIVE EXPENSES, WITH A CITY MATCH
OF $84,035.71 IN THE NO. 40t0 WATER FUND, AND A TOTAL
PROJECT COSTS OF $343,865.69
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a $259,829.98 grant from the Federal Emergency Management Agency for 1050
Federal/State Grants repairs and alterations at the Wesley Seale Dam and
reimbursement of emergency response activities and subgrantee administrative
expenses. The City match for this grant is $84,035.71 in the No. 4010 Water Fund, for
a total project costs of $343,865.69.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 14th day of November, 2002.
James R. Bray Jr.
City Attorney
By:
R. O ay/Re~ing /
Firsf'AsFfstant City Attorney
Samuel L. Neal, Jr.
Mayor
R22943B2.doc
ORDINANCE
APPROPRIATING $259,829.98 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY IN THE NO. 4010 WATER FUND FOR
REPAIRS AND ALTERATIONS AT THE WESLEY SEALE DAM, AND
REIMBURSEMENT OF EMERGENCY RESPONSE ACTIVITIES AND
SUBGRANTEE ADMINISTRATIVE EXPENSES; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $259,829.98 from the Federal Emergency Management Agency is
appropriated in the No. 4010 Water Fund for repairs and alterations at the Wesley Seale
Dam and reimbursement of emergency response activities and subgrantee
administrative expenses.
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 on this the __ day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This 14th day of November, 2002:
James R. Bray. Jr.
City Attorney
R. Jay/Re, lng /
First Assistant City Attorney
R22943A1 .doc
14
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
November 19, 2002
A.RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY
MANAGER'S DESIGNEE, TO ACCEPT AN $85,000 GRANT FROM THE
TEXAS DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT IN THE AMOUNT OF $85,000, UNDER THE FY 2002 PRE-
DISASTER MITIGATION PROGRAM, TO DEVELOP A PRE-DISASTER
MITIGATION ACTION PLAN, WITH A CITY IN-KIND MATCH OF $28,333,
AND A TOTAL PROJECT COSTS OF $113,333.
B. ORDINANCE APPROPRIATING $85,000 FROM THE TEXAS DEPARTMENT
OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT IN THE NO.
1050 FEDERAL/STATE GRANT FUND FOR THE DEVELOPMENT OF A
COMPREHENSIVE ALL-HAZARD MITIGATION ACTION PLAN; AND
DECLARING AN EMERGENCY
ISSUE: The City has received a grant for the development of a mitigation action plan under
the Pre-Disaster Mitigation (PDM) Program from the Texas Department of Public Safety
Division of Emergency Management. The PDM provides funding to the local governments
for cost effective hazard mitigation activities that complement a comprehensive mitigation
program, and reduce injuries, loss of life, and damage and destruction of property. The
PDM funds may be used to develop local multi-hazard mitigation action plans which meet
the planning criteria outlined in 44 CFR Part 201 pursuant to 322 of the Stafford Act. There
is a 75/25 cost share requirement for PDM program funding. FEMA will contribute up to 75
percent of the cost of PDM activities approved for funding. The 25 percent of the total
eligible costs will be in the form of in-kind or contributions to include volunteer services as
part of the non-federal share.
The Grant will include the City of Corpus Christi, Nueces County, San Patricio County, and
Kleberg County. The City of Corpus Christi's Office of Emergency Management will be the
project manager.
The Disaster Mitigation Act of 2000 provides new federal requirements for mitigation
planning and establishes a new requirement for local mitigation action plans to be
approved by FEMA by November 1, 2003. The State of Texas is authorized to use up to
7% of Hazard Mitigation Grant Program (HMGP) funds for the development of local
mitigation action plans. The new FEMA requirements are now in effect and may impact
our community.
REQUIRED COUNCIL ACTION: accept the grant and appropriate the funds.
PREVIOUS COUNCIL ACTION: Council approved submission of application on May
28, 2002.
FUNDING: The 25% percent local match will be through In-kind services by staff
personnel from the Office of Emergency Management, Engineering Services, Water,
Wastewater, Storm Water, Gas and other City Departments attending meetings,
reviewing work and making recommendations..
CONCLUSION AND RECOMMENDATION: Staff recommends council approve the
resolution.
DIVISION OF EMERGENCY MANAGEMENT
TEXAS DEPARTMENT OF PUBLIC SAFETY
RICK PERRY 5805 N. Lamer Blvd.
Governor Box 4O87
AuXin, Texa~ 78773-0001
Duty Ileum 512 424-2t38
Non-duty Hours 512 424-2(300
Fu 512 424-2444
October 24, 2002
THOMAS A. DAVIS, JR.
Director
JACK COLLEY
Coordinator
Mr. Juan Ortiz
Office of Emergency Management
PO Box 9277
Corpus Christi, TX 78469-9277
RE: Approval of Planning Project/PDM3.2/02-O05
Dear Mr. Ortiz:
Congratulations! Your project request for funding under the Pre-Disaster Mitigation (PDM)
Grant Program is approved by the Federal Emergency Management Agency (FEMA) and the
State of Texas. The project number is PDM02-905. This number should be used as a
reference on all documents and correspondence. Under the terms of your application and the
below listed conditions, you are authorized to develop a comprehensive all-hazard Mitigation
Action Plan, and be reimbursed for up to 75% of eligible project costs. The federal share
amount of this grant is $85,000.00, and your cost share match requirement is at least 25% of
total project cost
Your organization, as Subgrantee, must ensure that:
1. A Project Officer is appointed to administer and serve as single point of contact
for this project (see attached);
The mitigation action plan (MAP) developed with funds from this PDM project is in
compliance with the State of Texas Planning Standards for Mitigation (see
attached);
Quarterty progress reports are submitted to the below named state project officer
no later than the 15t~ of January, April, July, and October of each year until the
project is completed (see attached);
All applicable local, State and Federal assurances, laws, regulations, and
requirements are complied with concerning program administration, and fiscal
accountability responsibilities;
Funding requests for reimbursement of 75% of eligible project costs are
submitted to your designated state project officer on a quarteHy basis (e.g.
January 30, April 30, July 30, and October 30) (see attached);
IO.2
Page 2
City of Corpus Chdsti
October 24, 2002
6. Final draft plans along with the completed FEMA criteria worksheet and C tecklist
P are due to the DEM Regional Uaison Officer (RLO) by August 15, 2003. Should
you be unable to complete this project by the date above you must nol us in
writing no later than 90 days prior to the due date;
7. Two copies of the final locally adopted and approved MAP will be submitt, to the
State Project Officer by March 31, 2004; and
8. A Certificate of Completion is submitted to your state project officer ~ en the
project is completed and ready for close out (see attached).
The action identified in this project application was Categorically Excluded (CATEX) om the
need to prepare an Environmental mpact Statement in accordance with 44 CFR 10.; (d) (2)
(vii) (xii). No extraordinary circumstances were identified and the project has been issified
as a Level 1 CATEX.
This project is to develop and adopt a comprehensive mitigation action plan (M P) that
complies with the State Planning Standards and Section 201 of 44 CFR.. The coml~letion,
payment of project funds, and close out of this project requires approval Jof the
deliverable product (the MAP} by FEMA, and the approval, official adoption, and
assurances of implementation by the political jurtsdiction(s)lorganizations re:eiving
mitigation project funds. Copies of ordinances, court orders, executive orders, polic letters
must be submitted as evidence of official adoption of the MAP.
Review and Evaluation Process:
1. Review your draft MAP using the FEMA criteria and worksheets found on the DEM
http://www, txdps.state.tx, usldemlmiti,qafion plannin(3 reouirements 101602.h~.
2. Modify ,~;'~. based on review.
3. Evaluate draft using Checklist P.
4. Modify draft based on Checklist P evaluation.
5. Complete new worksheet and Checklist P based on the final draft.
6. Submit final draft and completed worksheet and Checklist P to your RLO.
7. State will conduct its evaluation and submit to FEMA for approval or return
additional modifications.
8. FEMA approved drafts must still be formally approved and adopted by local gover
and resubmitted through the State to FEMA for final eligiblity determination.
for further information on audit requirements. All PDM grants are subject to Federa
therefore, all records must be maintained for 3 years from the date of completion and cl(
of the project or upon receipt of final payment, whichever is later.
,ebsite:
aft for
~ments
NOTE: It is highly recommended that the State review and FEMA approval of the ¢ 'aft be
accomplished before the MAP is submitted for official adopt on and mplements tion by
the local approving authority.
If you have received over $300 000.00 total fund ng from Federal programs, you ~ill be
required to provide DEM with a copy of your audit performed per OMB Circular No. A-{~33 for
this year. Please contact Vincent F. Franco, our Disaster Program Auditor, at (512) 42~t-7147
audit;
,se out
Page 3
City of Corpus Christi
October 24, 2002
If you have any questions or concems please contact your state project officer, M=
Evan, at (512) 424-2397, or via email at Mary. Evan~;~txdps.state.tx.us.
JC: mhe
CC: Randy Sijansky - RLO 3
Attachments
1. Project Officer Designation
2. Planning Standards
3. Quarterly Report Form
4. Quarterly Project Payment Request
5. Certificate of Completion
Mary
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A $88,000 GRANT FROM THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT, UNDER THE FY 2002 PRE-DISASTER MITIGATION
PROGRAM, TO DEVELOP A PRE-DISASTER MITIGATION ACTION
PLAN, WITH A CITY IN-KIND MATCH OF $28,333, AND A TOTAL
PROJECT COSTS OF $113,333
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a $85,000 grant from the Texas Department Of Public Safety Division Of Emergency
Management under the FY 2002 Pre-Disaster Mitigation Program to develop a pre-
disaster mitigation action plan. The City will provide a in-kind match of $28,333. The
total costs of the project is $113,333.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 15th day of November, 2002.
James R. Bray Jr.
City Attorney
By: /~"~ ~"~ ~
R. ,~y .R/eining /
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R22944A2,doc
ORDINANCE
APPROPRIATING $85,000 FROM THE TEXAS DEPARTMENT OF
PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT IN THE
NO. 1050 FEDERAL/STATE GRANT FUND FOR THE DEVELOPMENT
OF A COMPREHENSIVE ALL-HAZARD MITIGATION ACTION PLAN;
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $85,000 from the Texas Department of Public Safety Division of
Emergency Management is appropriated in the No. 1050 Federal/State Grant Fund for
the development of a comprehensive all-hazards mitigation action plan.
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 on this the day of
,2002.
ATTEST:
THECITYOFCORPUSCHRISTI
Armando Chapa
City Secretary
Samuel L. NeaI, Jr.
Mayor
APPROVED: This 13th day of November, 2002:
James R. Bray, Jr.
City Attorney ..~.~
R. Ja"y P.~ining /
First Assistant City Attorney
R22944B1 .doc
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting: October 29, 2002
Subject: FY 2002 / 2003 Weed and Seed Program Grant
AGENDA ITEM:
ITEM A: Motion authorizing the City Manager or his designee to accept a renewal Weed &
Seed grant in the amount of $275,000 for Site I North for the continued support of the Weed
& Seed Program from the U.S. Department of Justice (DO J).
ITEM B: Ordinance appropriating $275,000 in Site I North from the United States Department
of Justice for the continued support of the Weed and Seed Program FY 02/03 in the
Federal/State Grant Fund No. 1050.
ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its
current strategy.
PRIOR COUNCIL ACTION: For the past seven years, Council has granted authorization to
accept and appropriate the Department of Justice funds for the Weed & Seed Program.
REQUIRED COUNCIL ACTION:
ITEM A: City Council action is required to accept a renewal grant award in the amount of
$275,000 for Site I North from the U.S. Department of Justice for the continuation of the
Weed & Seed Program. The grant period is from 08/01/2002 to 12/31/2003.
ITEM B: City Council is required to appropriate $275,000 in Site I North from the U.S.
Department of Justice for the continuation of the Weed & Seed Program. The grant period
is from 08/01/2002 to 12/31/2003.
Recommendation:
ITEM A: Staff recommends acceptance of $275,000 for Site I North from the U.S.
Department of Justice for the continuation of the Weed & Seed Program. The grant period
is from 08/01/2002 to 12/31/2003.
ITEM B: Staff recommends appropriations of $275,000 in Site I North from the U.S.
Department of Justice for the continuation of the Weed & Seed Program. The grant period
is from 08/01/2002 to 12/31/2003.
Future City Council Action: None
Daniel L. Whitworth, Director
PARK & RECREATION DEPARTMENT
ORDINANCE
APPROPRIATING $275,000 FROM THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS IN THE NO. 1050
FEDERAL/STATE GRANTS FUND FOR CONTINUED SUPPORT
OF THE WEED AND SEED PROGRAM, SITE I NORTH, FOR
FY2002-2003; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $275,000 from the U.S. Department of Justice, Office of
Justice Programs, is appropriated in the No. 1050 Federal/State Grants Fund for
continued support of the Weed and Seed Program, Site I North, for FY 2002-2003.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter role that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect upon
first reading as an emergency measure this the __ day of
2002. .'
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved
James R. Bray, Jr.
City Attorney
By:
Lisa Aguilar
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
,2002
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting: October 29, 2002
SUBJECT: FY2002 / 2003 Site I North Weed and Seed Program Grant
AGENDA ITEM:
Item A. Motion authorizing the City Manager or his designee to execute an
agreement with The City of Corpus Christi Housing & Community Development,
Code Enforcement & Community Policing Division to provide $12,500 from the
FY02/03 Weed and Seed Program to implement emergency board up of vacant
buildings with illegal activity in Site I North.
Item B. Motion authorizing the City Manager or his designee to execute an
agreement with Planned Parenthood of South Texas, Inc. to provide $4,400.00
from the FY02/03 Weed and Seed Program to implement collaborative
partnerships with existing community programs to provide after school, weekend
and summer programs in Site I North. The goal is to reduce at-risk behaviors
including drug and alcohol use and teen pregnancy among Weed & Seed
adolescents.
Item C. Motion authorizing the City Manager or his designee to execute an
agreement with The Salvation Army to provide $5,000.00 from the FY02/03 Weed
and Seed Program to implement operations and supportive services necessary to
administer the transitional housing program Project Bridge for Families. Project
Bridge for Families targets homeless families in Site I North that are ready to leave
the emergency shelter and enter a transitional housing program.
Item D. Motion authorizing the City Manager or his designee to execute an
agreement with the South Texas Pop Warner--Northside Association to provide
$9,956.00 from the FY02/03 Weed and Seed Program to implement a tackle
football and cheerleading program on Northside of Corpus Christi. It will include
kids from age 7 through 12.
Item E. Motion authorizing the City Manager or his designee to execute an
agreement with Turning Point Counseling Services, Inc. to provide $8,406.50 from
the FY02/03 Weed and Seed Program to implement a family Program that will
provide child and family counseling services in Safe Havens in Site I North. A
treatment team of therapist and counselors will outreach to neighborhoods and
provide prevention, early intervention and treatment services a total of three
afternoons and evenings in three Safe Havens.
Item F. Motion authorizing the City Manager or his designee to execute an
agreement with Metro Ministries, Inc to provide $10,000.00 from the FY02/03
Weed and Seed Program to enhance the Gabbard Memorial Health Room. The
Program is a primary care medical clinic for residents of the shelter and our
homeless population.
Item G. Motion authorizing the City Manager or his designee to execute an
agreement with South Texas Institute For the Arts, Antonio E. Garcia Arts
Education Center to provide $8406.50 from the FY02/03 Weed and Seed Program
to implement opportunities to learn through the Art's about one's self, self-esteem
and pride in the neighborhood.
Prior City Council Action:
For the past seven years, council has granted authorization to accept and
appropriate the Department of Justice funds for the Weed and Seed Program. The
City Council appropriated a $175,000 Weed and Seed Grant award on November
20, 2001 from the U.S. Department of Justice to support activities in the Corpus
Christi Weed and Seed Site I North area.
Required City Council Action: Authorization to execute agreements.
Future City Council Action: None anticipated.
Background Information:
Administration of the Weed and Seed Program was assigned to the Park and
Recreation Department on October 26, 1999. The Executive Office for Weed &
Seed directed The City of Corpus Christi to separate their two sites for funding
and recognition and insure 50% of our budget went to the Law Enforcement side
of the program. The sites are now called Weed and Seed Site I North and Weed
and Seed Site II West. Each Site has funding, Site I has $275,000 of available
funds, Site II has $225,000 of available funds for a total of $500,000 from the
Department of Justice. Site I North must use $137,500 for CCPD weeding efforts
of which $50,000 must be used in the Federal Housing Area. Site II West has
$112,500 for CCPD weeding efforts of which $50,000 must be used in Federal
Housing. There were 20 Requests for Proposals submitted with 11 agencies
selected for funding. The amount of funds to be distributed for Subgranting by
DOJ in Site I North is $58,669 and in site II West its $54,392.The Steering
Committee limited grants to a maximum total of $25,000 per request. Groups
could request no more than three proposals for funding.
Notice requesting proposals for programs for the target areas were posted in the
Caller Times in May 2002. Pre-proposal meetings were held at City Hall
basement training room on May 20th & 21st, 2002. As a result a total of 20
proposals were received totaling $430,619. Copies of all proposals were given to
the Steering Committee for review.
The Weed and Seed Steering Committee met to review and listen to
presentations given by the applicants on June 14, 2002. They met again on June
20, 2002 to vote on and select FY02/03 funded agencies. They selected the 11
agencies to be funded. Ten voting members of the Steering Committee were
present and scored their proposals. The Steering Committee evaluated our
required funding for HUD, Neighborhood Restoration/Economic Development and
Alcohol and Drug Abuse. As a final result of their review they recommended
funding 7 proposals for site I North: Code Enforcement & Community Policing
for $12,500, Planned Parenthood of South Texas, Inc. for $4,400,The
Salvation Army for $5,000, South Texas Pop Warner--Northside Association
for $9,956, Turning Point Counseling Services, Inc. for $8406.50, Metro
Ministries for $10,000 and South Texas Institute for the Arts for $8,406.50.
RECOMMENDATION: Weed & Seed Steering Committee recommends that the
City Council authorizes the City Manager or his designee to execute the
agreements.
Daniel L. Whitworth, Director
Park and Recreation Department
Attachments
Contract / Subrecipient Summary
Contract Summary
PARTIES:
City of Corpus Christi Weed and Seed Program
City of Corpus Christi Housing & Community Development, Code
Enforcement & Community Policing Division
TERM:
August 1, 2002 to July 31, 2003
AGREEMENT: The City of Corpus Christi Weed and Seed
Program will provide $12,500 to City of Corpus Christi Housing &
Community Development, Code Enforcement & Community
Policing Division, for emergency board up of vacant buildings with
illegal activity in site I North.
The Subrecipient shall render written reports describing number of
individuals served and the progress of the programs stated
objectives.
Financial reports are due on the last day of each month. The
Subrecipient will use the Payment Voucher/Report for its financial
report.
Subrecipient will indemnify and hold harmless the City and maintain
insurance coverage with the City named as additional insured.
Subrecipient will comply with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
Subrecipient will also be in compliance with Certifications regarding
Lobbying;Department, Suspension, and other Responsibility
Matters; and Drug-Free Workplace Requirements.
The City may terminate this Agreement in accordance with 28 CFR
Sec. 66.43 if Subrecipient materially fails to comply with any term of
this Agreement.
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Weed and Seed Program
Planned Parenthood of South Texas, Inc.
August 1, 2002 to July 31,2003
The City of Corpus Christi Weed and Seed Program will provide
$4,400. By working through collaborative partnerships with existing
community programs to provide after school, weekend and summer
programs in Target area I. The goal is to reduce at-risk behaviors
including drug and alcohol use and teen pregnancy among Weed &
Seed adolescents.
The Subrecipient shall render written reports describing number of
individuals served and the progress of the programs stated
objectives.
Financial reports are due on the last day of each month. The
Subrecipient will use the Payment Voucher/Report for its financial
reporL
Subrecipient will indemnify and hold harmless the City and
maintain insurance coverage with the City named as additional
insured.
Subrecipient will comply with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
Subrecipient will also be in compliance with Certifications regarding
Lobbying; Department, Suspension, and other Responsibility
Matters; and Drug-Free Workplace Requirements.
The City may terminate this Agreement in accordance with 28 CFR
Sec. 66.43 if Subrecipient materially fails to comply with any term
of this Agreement.
A:\CC SUM PLANNED PARENTHOOD 102~03.DOC
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Weed and Seed Program
The Salvation Army
August 1, 2002 to July 31,2003
The City of Corpus Christi Weed and Seed Program will provide
$5,000 for operations and supportive services necessary to
administer the transitional housing program Project Bridge for
Families. Project Bridge for Families targets homeless families in
Site I North that are ready to leave the emergency shelter and
enter a transitional housing program,
The Subrecipient shall render written reports describing number of
individuals served and the progress of the programs stated
objectives.
Financial reports are due on the last day of each month. The
Subrecipient will use the Payment Voucher/Report for its financial
report.
Subrecipient will indemnify and hold harmless the City and
maintain insurance coverage with the City named as additional
insured.
Subrecipient will comply with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
Subrecipient will also be in compliance with Certifications regarding
Lobbying; Department, Suspension, and other Responsibility
Matters; and Drug-Free Workplace Requirements.
The City may terminate this Agreement in accordance with 28 CFR
Sec. 66.43 if Subrecipient materially fails to comply with any term
of this Agreement.
A:\CC SUM PLANNED PARENTHOOD I1 02-03 DOC
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Weed and Seed Program
South Texas Pop Warner--Northside Association
August 1,2002 to July 31,2003
The City of Corpus Christi Weed and Seed Program will provide
$9,956 to establish a tackle football and cheedeading program on
the North side of Corpus Christi. It will include kids from age 7
through 12.
The Subrecipient shall render written reports describing number of
individuals served and the progress of the programs stated
objectives.
Financial reports are due on the last day of each month. The
Subrecipient will use the Payment Voucher/Report for its financial
report.
Subrecipient will indemnify and hold harmless the City and
maintain insurance coverage with the City named as additional
insured.
Subrecipient will comply with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
Subrecipient will also be in compliance with Certifications regarding
Lobbying; Department, Suspension, and other Responsibility
Matters; and Drug-Free Workplace Requirements.
The City may terminate this Agreement in accordance with 28 CFR
Sec. 66.43 if Subrecipient materially fails to comply with any term
of this Agreement.
A:\CC SUM SALVATION ARMY 102-03.DOC
Contract Summary
PARTIES:
City of Corpus Christi Weed and Seed Program
Turning Point Counseling Services, Inc.
TERM:
August 1,2002 to July 31, 2003
AGREEMENT:
The City of Corpus Christi Weed and Seed Program will provide
$8406.50. The family P.I.E. Program will place child and family
counseling services in Safe Havens in the neighborhoods where
families live. A treatment team of therapist and counselors will
outreach to neighborhoods and provide prevention, early
intervention and treatment services a total of three afternoons and
evenings in three Safe Havens.
The Subrecipient shall render written reports describing number of
individuals served and the progress of the programs stated
objectives.
Financial reports are due on the last day of each month. The
Subreci ~ient will use the Payment Voucher/Report for its financial
report.
Subrecipient will indemnify and hold harmless the City and
maintain insurance coverage with the City named as additional
insured.
Subrecipient will comply with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
Subrecipient will also be in compliance with Certifications regarding
Lobbying; Department, Suspension, and other Responsibility
Matters; and Drug-Free Workplace Requirements.
The City may terminate this Agreement in accordance with 28 CFR
Sec. 66.43 if Subreci 3ient materially fails to comply with any term
of this Agreement.
At\CC SUM METRO MINISTRY 02-03.DOC
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Weed and Seed Program
Corpus Christi Metro Ministries, Inc.
August 1, 2002 to July 31, 2003
The City of Corpus Christi Weed and Seed Program will provide
$10,000 to fund the Gabbard Memorial Health Room. The Program
is a primary care medical clinic for residents of the shelter and our
homeless population.
The Subrecipient shall render written reports describing number of
individuals served and the progress of the programs stated
objectives.
Financial reports are due on the last day of each month. The
Subreci 3lent will use the Payment Voucher/Report for its financial
report.
Subrecipient will indemnify and hold harmless the City and
maintain insurance coverage with the City named as additional
insured.
Subrecipient will comply with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
Subrecipient will also be in compliance with Certifications regarding
Lobbying; Department, Suspension, and other Responsibility
Matters; and Drug-Free Workplace Requirements.
The City may terminate this Agreement in accordance with 28 CFR
Sec. 66.43 if Subrecipient materially fails to comply with any term
of this Agreement.
A:\CC SUM METRO MINISTRY 02-03.DOC
Contract Summary
PARTIES:
TERM:
City of Corpus Christi Weed and Seed Program
South Texas Institute For the Arts, Antonio E. Garcia Arts
Education Center
August 1, 2002 to July 31, 2003
AGREEMENT: The City of Corpus Christi Weed and Seed
Program will provide $8,406.50 to South Texas Institute For the
Arts, Antonio E. Garcia Arts Education Center, for providing
opportunities to learn through the Arts about one's self, self-esteem
and pride in the neighborhood.
The Subrecipient shall render written reports describing number of
individuals served and the progress of the programs stated
objectives.
Financial reports are due on the last day of each month. The
Subrecipient will use the Payment Voucher/Report for its financial
report.
Subrecipient will indemnify and hold harmless the City and maintain
insurance coverage with the City named as additional insured.
Subrecipient will comply with the applicable provisions of Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
Subrecipient will also be in compliance with Certifications regarding
Lobbying;Department, Suspension, and other Responsibility
Matters; and Drug-Free Workplace Requirements.
The City may terminate this Agreement in accordance with 28 CFR
Sec. 66.43 if Subrecipient materially fails to comply with any term of
this Agreement.
C:\WINDOWS\DESKTOP\CITY COUNCIL FY 02-03\CC SUM STIFTA 01-02.DOC
17
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 19, 2002
AGENDA ITEM: Resolution authorizing the submission ora grant application in the amount of
$73,939 to the State of Texas, Criminal Justice Division for Year 4 funding available under the
Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit.
ISSUE:. Fourth year funding is available from the State of Texas, Criminal Justice Division, under the
Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of
reducing and preventing violence against women.
BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit
which utilizes officers and volunteers to contact every family violence victim when a written report is
made by a field officer or from a walk-in to the unit at the Police Department. The grant funds one
Victim Case Manager to contact victims who often fear retaliation and violence when the offender is
released following arrest; contact with an advocate (case manager) can provide information
concerning alternatives, available services, and protective orders to avoid continued violence. The
case manager serves to establish and encourage a working relationship between social agencies and
the Police Department and provides educational opportunities to the community through speaking
engagements, pubhc service announcements, distribution of literature, etc. The long term goal of the
grant is to provide victims of domestic violence and other serious crimes with crisis intervention,
follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available
resources, and assist with immediate and long-term safety needs. Since January 2001 the grant has
served over 2,600 victims.
FUNDING: The State provides $55,289 and the City $18,650, a 25% required grant match th_at may
be in-kind or cash contribution. We are utilizing the volunteer hours from other agencies Child
Protective Services, Police volunteers, etc. to provide $11,400 toward the match. The law
enforcement trust fund is providing $7,250 for supplies and miscellaneous equipment. The funding is
not on a declining percentage or ending funding cycle. The grant application deadline to the local
Council of Governments is 01/20/03 with a start date of 09/01/03.
REQUIRED COUNCIL ACTION: Approval to submit the grant.
RECOMMENDATION: Staffrecommends submission of the grant.
CJD Grant Application - Page 11
COMPREHENSIVE CERTIFICATION
AND ASSURANCES -- STATE FUNDS
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DMSION
P.O. Box 12428
Austin, Texas 78711
512/463-1919
Fax: 512/475-2042
www.governor.state.tx.us
This document is a material representation of fact upon which reliance was placed with the
agency determined to award the grant. If it is later detennined that the grantee knowingly
rendered an erroneous certification, the agency, in addition to any other remedies available to the
government, may take available action.
ASSURANCES
The applicant hereby assures and certifies compliance with any and all applicable statutes, regulations,
policies, guidelines and requirements, including, but not limited to, the Uniform Grant Management
Standards (UGMS), and T'~ie 1, Part 1, Chapter 3 of the Texas Administrative Code, that govern the
application, acceptance and use of State funds ~or this project. In instances where multiple requirements
apply to a grantee, the more rasffictive requirement applies.
1. LEGAL AUTHORITY - It pnssassas Ingal at~ to apfY~y for the grant. A rasclutk~, raction or similar actlen has bas~ duly
adopted or passed as an offw, ial aof of the applicant's governing body, asthedzing the filing of the af:~icat~m, including all
unde~tandings and assurancas conilained therain, ond diracfing and authoring the pemon ide~/ff~l as the official
refxeas~tattve, or their designee of the orgas[zstion to act in connection with the application and to provide such additional
information as may be required. State agencies are n~ required to ado~ a re~Istion.
2. DISPLACED PERSONS - It will comply with requiremonts of the provisions of the Uniform Relocation Assistance and Real
Prope~/Acqu;-',Jfions (42 USC §§ 4601 - 4655) which provide for fair and equitable treatment of persons displaced as a rasuit
of Federal and Fedorally assisted programs.
3. POLmCAIL ACTIVITY - It will c~nply with provisions of Federal law which limit certain political activities of employees of State
~' lecal unit of government whose principal empk~,mlent is in c~nnectlen with as activity financod in wflole or in part by Federal
grants. (5 USC § 1.501, st seq.)
4. DARDS ACT - It will comply with the minimum wage and ma~mum hours provisions of the Federal Fair
Labor Standards Act (29 USC ~ 201 - 219) if applicable.
5. CONFUCT OF INTERES'[ - It will astablish sataguards to prohibit employees from using their pusitk~qs for a purpose thst is, or
·vas the appearance of being mctivated by a dasira for p~vste gain for themselves o~ ~l"mrs, particularly thase with whom
they have family, business, or cther ties.
6. M CORDS - It will give the sponsoring agency, or the Office of the Governor, through any author[zed
reprasentath~, accass to and the right to e);amine ali rec~xds, books, pea)ers, or ducumeofs mlatad to the grant.
7. COMPIJANCE WtTH REQUIREM~IqTS - It wi# comply with a# raquimrae~s impused by the spunso¢ing agency, or the Office
of the Governor, concerning special requtrarnents of law, program requirements, and other administrative requimmonts.
8. EP NG F ClL S - It will insure that the facilities under its ownership, lease or supervision, which shall he utilized
in the accomplishment of the project, are not listed in the Environmental Pra~ction Agoncy's (EPAs) list of V'~ating Facilities,
and that it will na6fy the Federal grantor agency of the rec~p~ of any communicaiton from the Director of the EPA Office of
Federal Activities indicating that a facility to he used in the project is under consideration for listing by the EPA.
9. FLOOD INSURANCE ~ It will comply with the flood insurance purchese requirements of Section 102(a) of the Flood Disaster
Pro~cfion Act (50 USC § 400t ), whioh states that, on or alter March 2, 1975, c~mmuntfias must pemhaas flood insurance,
where such insurance is avstisble in fix)as communtlias. This requirame~ is a condition for the racoip~ of any Federal financisl
asststance for cortstruction or acqu~sifion purposes for use in any area that had been identified by the Secretary of the
Depertmont of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance' includes any form of loan, grant, guaranty, insurance payment, rehete, subsidy, disaster asststanco loan or grant,
or any ~her form of direct or indirect Federal assistance.
10. E T - It will assist the federal grantor aOoncy in ils compliance with Section 106 of the National
Historic Praservstlen ACt of 1966, as amended (16 USC § 470), Executive Order 11593, and the Archeological and Historical
Preservation Act of 1974, as amended, (16 USC § 469a-1, st seq.) by (a) consulting with the State Historic Preservation Officer
(SH PO) on the conduct of inv--, as nacassary, to idonfify prope~hes listed in or eligiflle for inclusion in the Natk~nal
Register of H~ Places that ara subject to ~ effects (see 36 CFR Part 800.8) by the ac~, and notifying the Federal
grantor egoncy of the exJste~co of any such properties, and by (b) complying with all requirements established by the Federal
grantor agon~y to avoid or mitigate adverse effects upon such properties.
11. COMPUANCE WIIH LAWS AND GUIDES - It will comply, and assure the compliasce of ail its subgran~ees and centractors,
with the applicable provisiorts of Title I of the Omnibus Crime Control and Safe Streefs Aof of 1968, as amended, the Juvenile
Justice and Delinquency Pravenfion ACt, or the Vicfims of Cdme Act, as appropriate; the provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all uther applicable Federal laws,
orders, circulars, or regulations.
12. COMPLIANCE WITH CODE OF FEDERAL REGULATIOU;:. It will comply with the provisions of 28 CFR applicable to grants
and cooperative agreements including Part 18, Adminisbstive Review Procedure; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Stafistical Information; Part 23, Criminal Inte~ligense Systems
Operating Policies; Part 30, Intergovernmental Review olDepaltmeof of Justice Programs and Activities; Part 42,
Nondiscrimination/Equal EmpkBrment Opportunity Potioias and Procedures; Part 61, Procedures for Implementing the National
Environmenta~ Policy Act; Part 63, Floodplain Management and Wetland Profecfion Procedures; and Federal laws or
regulations applicobie to Federal Assistance Programs.
13. NONDISCRIMINATION-
Issue Date: October 2002
CJD Grant Application - Page 12
A. It will com~ w~th all State and Federal s~tutes relaUng to no~disrir~nation.
a~ ~ S~ A~ of 1 ~, ~ ~, (42 USC S 3~d)), ~ ~ ~ C~ A~ (~ ~); T~ VI of ~
A~ W~ Di~l~ A~ (ADA) (1 ~); T~ IX of ~ Ed~ A~ of 19~; ~ A~ D~Hmin~n Act
of 1975; ~ of Ju~ N~-D~i~ R~u~s, ~ CFR P~ 42, S~ C, D, E, and G; and
r~ip~ ~11 f~rd a ~ of ~ fi~i~ to ~ O~ of J~ P~, O~ ~ C~I R~.
~i~s ~ ~m of ~ ~ F~I ~ ~n ~ ~ of ~ ~1 ~ R~ S~em.
17. G~ ~M~IS~TION - ~ ~U ~in~in an a~e grant admin~t~ s~ to ~um ~M all te~s, ~nd~s
~ ~ of ~i~ a~ to ~1 ~ enact ~ a~ to t~ T~S ~nt of ChiM Prot~e and
I~ ~ ~1~ ~cl~ in t~ T~ ~.
23. H~L~.HUM~SERVICES. PU~S~OR~W ENF~CEMENTAGE~Y-If~a~i~isa~Eha~
24. ~W ENFORCEME~ AGENCY - If ~e ~pl~ ~ a ~ enf~ent ~ r~ulat~ by Te~s ~vem~ C~e,
Issue Date: October 2002
CJD Grant Application - Page 13
CERTIFICATIONS
1. The appitcant ce~irms that it witl Ixovide a drug-frse w~ by:
a. Pubitching a statoment nofi~ emldoyees that the unlawful manufacture, distrth~tion, dispensing, possession, or use of
a ~oneofled substence is pmhthited in the grarttoe's wchq~:e sud sf:ecifying the sotk~s that witl be taken against
b, Estabitsh a drag-free awareness Ixagram to inform emiYx)ysus abeut:
i. the dangers of drug ~ ~,, in the wed~ace;
ii. the applicant's poiicy of ~ a dmg4me m;
iii. any avaiisble drug counseitng, rehabilitation, and empk~se assistance pmgren~; and
iv. the penalties that may be imposed upon emplbyees fo~ drug abuse violations.
c. Making it a ra~ that seth employee to be engoged in the perfon~ance of the grant he given a copy of t~
atatement redu~red by peragmph (a).
d. Nntif'yin9 the ernpleyee in the atatement required by paragraph (a) thei. as a couditk:m of empk~ under the grant, the
employee will:
i. abide by the tem,,s of the statemeni, and
days after such cenvic~.
e. Nofifythg ~ agency within ten days a~ter receiving nelice under subparagraph (d){ii) from an empioyee or otherwise
receiving actual rmtise of such conviction.
f. Taking o~e of the foitow~ng sotions wifh respect to any ernpleyee v~no is so convictod:
i. Taking appropriate perse~nel ac6on agoit~at such an empk~yee, up to and incleding te~minaUen; or
ii. Requiring such employee ta pmlleipate seUs~aofo~y in a drag abusu as~.i'~nce or rehabititatkm pm9mm approved
g. Making a good faith effect to continue to maintain a cling-free ~ through the imp~wnenta'don of paragraphs (a), (b),
{c), (d), (e), and (0.
if application is in excess of $100,000, I certify to the best of my knowledge and belief to the
following:
1. No federal appropristod fueds here been patd or will he paid to suy persua for influet3Ctng ~ ~ ~ in~ ~ o~
or employee of any agoncy, a membe~ of Congresu, an offiser (x e~ oi' Congress, or an employee of a member of
Congrass in m with the awarding of any federal contract, th~ ma~ of any federal grant, the matd~g of any federal
lean, the entering into of any cooperative agreement, and the extonsion, continuation, rer~wal, amendment, or modir~ation of
any federal ser~ract, grant, loan, or ccupemtive agreement.
~] Chsuk ~'~'~ ~ any hen-tic, mi fued~ he~ I~a pa~ ~ v~l be i~kl to ~my i~:m for i~flu~ng ~ ~em~ng ~
influs~ an officer or emrV, o~ ol an~ ~/. a nsunber of Congr~. an off, a~ o~ ~a~ of Con§m~. or an
emplo~se of a member of Congr~ in se~m~a:~n ~ th~ federal ~'flr~t. grant, Io~n. or (ax~mti~ agr~ment. You
must also notify the Cdminal Justice Oiviskm (CJD) or yix~ local ~ of govemmento for the 'Disclusure Form to
Rego~ Lobbying'.
The undersigned shell require that the language of this certification be included in the award documents for all sub-awards at
all tiers and that all sub-recipients shall certify accordingly.
AUDIT CERTIFICATION {SELECT THE APPROPRIATE CHOICE) I certify:
] The applicant agency currently e~euds combined state funding of $300,000 or more and, therefore, is required
to subrnit an armusl single sudit by an independent auditor mede in encurdence with theUniform Grant
Management Standards (UGMS).
[] The applicant agency currently expends combined state funding of Isss than $300,000 and, therefore, is exempt
from the Single Audit Ac{ and cannot charge audit costs to a CJD grant. I understand, however, that CJD may
requh'e a [imlted scope audit as defined in OMB Circular A-133, adoflied by rat'erence in Texas Administrative
Code Section 3.19 (see also UGMS State Singis Audit).
EQUAL EMPLOYMENT OPI~3RTUNITY PLAN (EEOP) CERTIFICATION (SELECT THE relATE CHOICE1
Definitions:
Tv~e I Entity
Educational/medical/nor,,4xofit insfitution/Native American Tdbe- certiticatisu required (select appropriate choice below);
EEOP NOT required.
Tv~e II Entity
All other recipients receiving rno~e than $25,000, but net mom the $500,000- certification required (select the appropdato
choice below); organtzatlefls must maintain EEOP on file for possible audit if the organization has more the 50
employees,
Tv~e III Entity
For profit entities and state and local governments rece~ng $500,000 or more- sertification required (select the
appropriate che~ce below); the organtzatien must submit an EEOP to the Office for Civil Rights (OCR) for approval.
Issue Date: October 2002
CJD Grant Application - Page 14
If your organization is a Type I, II or III Entity, select one of the following:
I ce~fy this or~nizatk~ is a Type I EntZty. TI~ en~ v~it ~n~y w~ the pn~bit~x~ a~un~
dincdminaba~ in any ~mm ~ ~ (~ CFR ~ 42,~). ~ ~ r~ul~ to ~i~in an Equal Em~o~nt
O~ P~n, ~ ~11 ~ ~ ~1 ~t ~ ~ g~in~ of t~ De~ment of
H~ ~ Hu~n ~ (~ CFR ~
I ~ ~s ~n~t~ is a T~ II E~ ~ ~ys ~ ~ ~ ~. ~b e~ ~11 ~mp~ ~h
the ~ohi~ ~i~ d~ in ~y ~mm ~ ~ (~ CFR ~ 42.~), ~ ~ ~ r~uir~ to
mai~in an Eq~l Em~ ~n~ P~ (~ CFR ~ ~.~1 et~).
I ~ ~i$ ~ isa T~ ~ E~ ~ ~ ~ ~ ~. ~ ~ ~11 ~ ~h
~ ~ E~mi~ m any ~mm ~ aM~ (~ CFR ~ 42.~), an ~s fo~ula~ an Eq~l
Emit O~n~ P~n (~ CFR ~ 42.~ et~), ~ ~ ~ fi~ in ~ o~ of
I ~ this ~nizat~ is a Ty~ III Ent~. ~is ~ ~11 ~ ~ ~ ~ib~ ~ain~
d~m~ ~ a~ ~ ~ ~ (~ CFR ~ 42.~), ~ ~ ~u~ an Eq~l Em~
O~un~ P~ (~ CFR ~ 42.~1 et ~, ~ ~ ~ ~ ~ ~ ~ fm C~ R~s, Off~ of Justi~
Pr~m~, D~ of J~, f~ ~ ~ ~d M a ~.
DEBARMENT CERTIFICATION (SELECT THE APPROPRIATE CHOICE)
If this application is in excess of $25,000, I certify that:
By submission of this proposal, that neither the applicant agency nor its p~ncipais are presently debarred,
suspended, pro~ for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal or utate deparb~,,e~ or age'ncy; or.
I am unable to ce~ the above statement and ~ attached an explanation to the application.
Applicants must complete, sign and submit this form it to CJD before they will receive state and/or federal
funds. Recipients of state and/or federal funds must fully understand and comply with the requirements
listed for Federal and State Assurances on pages 1 and 2 of this document. Failure to comply may result in
the withholding of funds, termination of the award, or other sanctions.
City of Corpus Christi
Appitcant's Organization
David R. Garcia, City Manager
Pdnted Name and Title of Authorized Official
Violence Against Women Act
Project T'ftle
Signature of the Authorized Official
/ /
Issue Date: October 2002
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
A GRANT APPLICATION IN THE AMOUNT OF $73,939 TO THE STATE
OF TEXAS, CRIMINAL JUSTICE DIVISION, FOR YEAR 4 FUNDING
AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT FUND
FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application
of $73,939 to the State of Texas, Criminal Justice Division, for Year 4 funding available under the
Violence Against Women Act Fund for the Police Department's Family Violence Unit.
SECTION 2. The City of Corpus Christi will provide matching grant funds of $7,250 and in-kind
contribution of $11,400.
SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City
of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal Jr., Mayor
Legal Form Approved ~x/.
James R. Bray, Jr., City Attorney
,2002
By: L~ilar~-~
Assistant City Attorney
18
CITY COUNCIL
AGENDA MEMORANDUM
November 19, 2002
SUBJECT: Interlocal Agreement between the City of Corpus Christi and Corpus Christi
Independent School District for the Latchkey Program.
AGENDA ITEM: Resolution authorizing the City Manager or his Designee to execute an interlocal
agreement with Corpus Christi Independent School District (CCISD) to execute a five year
agreement to operate a Latchkey Program on designated CCISD campuses.
ISSUES: The interlocal agreement between the City of Corpus Christi and Corpus Christi
Independent School District will allow the City to provide after-school child-care and activities for
those elementary students who meet the Latchkey's participation guidelines and who attend school
that offer the Latchkey Program.
BACKGROUND: The City of Corpus Christi Park and Recreation Department currently operates
the Latchkey Program at 29 CCISD elementary school sites. The Latchkey Program has been in
operation since 1985. The City of Corpus Christi is responsible for the administration of the
program, including fee collection, providing and monitoring roles and regulations, hiring and
training of staff, lesson plans, provision of supplies and equipment, and the coordination of
inspections to determine compliance with health and safety codes. The District provides facilities
(building, playground, tables, chairs, TVs, VCR's, access to restrooms and telephones, conducts site
inspections to determine compliance with applicable safety codes to include fire and gas lines and
alarm systems, and provides health care supplies including trash liners, paper towels for each site.)
FUNDING: The City portion of funds is budgeted in the Latchkey Program activity.
COUNCIL ACTION REQUIRED: The City Council must approve all interlocal contracts.
RECOMMENDATION: Staff recommends approval of item as presented.
Daniel Whitworth, Director
Park and Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information
Agreement Summary
Ordinance/Resolution
Map(s)
[]
[]
[]
[]
AGREEMENT SUMMARY
Agreement is be~veen: City of Corpus Christi and Corpus Christi Independent School District for
the Latchkey Program.
Term of Agreement: The Agreement is for five years: August 19, 2002 to May 31, 2007.
District Responsibilities: District agrees to provide building and playground facilities for the
Latchkey Program operated by the City during Latchkey's full hours of operation sufficient to meet
Latchkey Program guidelines. This includes building utilities, use of tables, chairs, TVs, and VCRs;
and access to telephones and restrooms. In addition, the District agrees to conduct site inspections
to include fire and gas inspections, and to provide health care supplies and custodian maintenance.
City Responsibilities: The City is responsible for administration of the entire program including;
site inspections to determine compliance with health and safety codes, setting and collecting fees,
providing and monitoring rules and regulations, lesson plans, obtaining supplies and equipment,
providing custodian assistance during program, and replacing items that are damaged during the
program.
Considerations: Expenses incurred through Latchkey program activities are the City's
responsibilities. Facility and site expenses are the District's responsibilities.
Control of Facilities and Announcements: District does not give up ultimate control of the
facilities and retains the right to enforce all necessary laws, rules and regulations. City will cooperate
and cause its agents and employees to cooperate with delivery of such announcements.
Licensing: City will maintain all licenses as may be required by the State of Texas.
Non-Assignment: Neither this Agreement, or any interest therein, is assignable without the prior
consent of both parties; however, this Agreement is binding upon the parties hereto and their
respective heirs, successors, and assigns.
Entire Agreement: This Agreement contains and incorporates the entire agreement of the parties
and supersedes any and all prior oral or written agreements, arrangements or understandings between
thc parties with respect to thc subject of this Agreement. This Agreement may bc amended or
modified only by an agreement in writing signed by both parties.
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT (CClSD) TO
OPERATE A LATCHKEY PROGRAM ON DESIGNATED CCISD
CAMPUSES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to exe-
cute an Interlocal Agreement with CCISD to operate a Latchkey Program on designated
CCISD campuses.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the day of November, 2002.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on the /5~-~day of November, 2002.
James~.J~ray, Jr., City Attorney
Elizab(~ R. Hundley, Ass~tant Ci[y A~__~y
19
ORDINANCE STATUS
AGENDA ITEM:
Amending the Comprehensive Plan of the City of Corpus Christi by adopting the City of
Corpus Christi Parks, Recreation and Open Spaces Master Plan; providing for repeal of
conflicting ordinances.
FIRST READING:
November 12, 2002
Passed: 9-0 (Unanimous Vote)
FINAL READING:
November 19, 2002
COMMENTS:
(None)
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
Park~, 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.
Daniel L. Whitworth
Director, Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information X
Ordinance X
City Council Agenda Memorandum
Parle, Recreation and Open Space Master Plan
November 12, 2002
AGENDA MEMORANDUM
BACKGROUNDINFORMATION
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
of the 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.
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-D~R~CHRIStSUPERSS~Council~OpenSpaceAgendaltern doc
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 Chdsti 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 disadvantaRe because of the lack of a citywide parks
master I)lan.
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 throe
general areas are shown below.
Executive Summary
Corpus Christi's Parks, Recreation & Open
Spaces Master Plan/Recovery Action Plan
B. Goals of the Park Master Plan
The following goals are dedved 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 recraation 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
Preserve and protect unique natural open spaces, selected histodc sites, dver 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
routes 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 racraation 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 Cresstown
Expressway) and in the Southeast side of the city (between Padre Island Drive and the
bayfmnt).
D. Methodology Used to Assess Key Parks Needs
Three techniques were used in evaluating Corpus Christi's current and futura 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.- - uses standards established by Corpus Christi
~i~-~h~-'~l-~-~i~-~)~-Park facilities required to meet the city's needs at
a given population. Standards usually are exprassed 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 acra 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-hy~ic~i 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 are 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 are 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
populationLocelly ~ 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
10 acres er. 0100 o 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 veer 2007.
as much as 177 additional acres mil]hr be needed, or up to 35 additional 5 -acre
neighborhood parka.
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
citywide basis.
Executive Summary
Corpus Christi's Parks, Recreation & Open
Spaces Master Plan/Recovery Action Plan
Neighborhood Parks in Comus 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~ of total currently recommended
· Year 2007 Needs with 305,716 projected population - 458 acres +/-
· Year 2015 Needs with 330,453 projected population - 495 acres +/-
I
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. Corpus 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 popoiation - 2,58 acres per 1000
population
· Recommended Standard - 4 acres per 1000 population
· Current 2001 Needs with 288,901 population - 1,152 acres (defic'~ of 408
acres) - Existing acres are 64% of total recornmended
· Year 2007 Need with 205,716 projected population - 1220 acres +/-
il 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 summarizes the key recreation desires and needs
expressed by the citizens of Corpus Christi.
Type of Facility
TOP TEN FACILITIES
CONSTRUCTION OF ADDITIONAL PICNIC
PLAYGROUNDS/NEIGHBORHOOD PARKS
ADDITIONAL TRAILS
CONSTRUCTION OF NEW SOCCER FIELDS
CONSTRUCTION OF A NEW SKATEBOARD
PARK
CONSTRUCTION OF NEW SENIOR 83%
CENTERS
DEVELOP NATURAL HABITAT/NATURE 82%
AREAS
CONSTRUCTION OF NEW BASKETBALL 82%
COURTS
CONSTRUCTION OF NEW SWIMMING 82%
POOLS
CONSTRUCTION OF YOUTH SOFTBALL 80%
FIELDS
Level of
Support
citTwide
90%
89%
860/0
80%
83%
Ratio of
Support to
Opposition
12.9 to 1
12.1 to 1
9.6to 1
7.3to 1
6.9to 1
6.9 to 1
6.3to 1
6.8 to 1
6.8to 1
6.2to I
OTHER HIGHLY RANKED DESIRED FACILITIES
11. VOLLEYBALL COURTS
12. BASEBALL FIELDS
13~ RENTAL PICNIC/REUNION PAVILIONS
14. TENNIS COURTS
15. ADULT SOFTBALL FIELDS
78%
78%
79%
74%
75%
6.0 to 1
5.6to 1
5.3 to 1
4.6to 1
4.2to 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 dedved 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 |ust quantity. 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 standoolnt, the city's park system is ;lanerellv 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 waterfront is an incredible tourism magnet and a unique resource for all
citizens of the city. However, the city must stdke a balance between expenditures
for waterfront oarks 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 adequate overall suoolv of ~ark 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 for larae parks is one of the few key 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 front and waterfront areas thrau(~hout the city are Incredibly precious
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 pr*rvate
and public sectors can make this happen.
7. Land ac-_;~!_~ition of waterfront lands for open space and trails, even in close
proximity to development~ should remain a hioh priority.
8. The O~(~ Creel~ Parkway plan remains a tremendous o~en space and trail
linkaRe 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 con'idor 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 ~:itv's athletic facilitias are below ~ar. The funding resources of private non-
profit organizations are not sufficient to develop and maintain quality balifields and
soccer facilities, and the city should re-focus on providing these key recreation
facilities.
10. The ~,_,-~,,flty of smeller neighborhood parks continues to be more than the
resoprcas 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 wava and utility corridors, and key boulevards should be used for
trail and ereen soaca parkwa~ across the city. Corpus Christi lacks major
creeks or natural corndom in the heart of the city, and so must create artificial green
corridors that cut across the city.
12. Imme~-~-"ta ~_ff_e_qtion should be niven to phasing out older and substandard
plavoround eeuioment 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 Iimitad funding should
remain a hi h rioHt . 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 revenue 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 pementage, can be an excellent source of
revenue for matching grant opportunities.
15. Develop p lone ren~e strataev for er'ant candidate sites. By understanding the
key requirements of a successful TPWD or transportation enhancement grant,
strategic land acquisitions (through non-city and non-park related sources) and
partnerships 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 ordlnanc,,e should be uodated 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 years. The Parkland Dedication Ordinance should be
reviewed immediately to assess ways in which it can become a better mechanism
under which to develop new nei.qhborhood 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 Classification - Adoot a "district" Dark 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 coumes 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, called the
District Park. These will be existing larger parks that currently serve bread sectom 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.
Reconflc~ure neighborhood 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 "super" 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 significant neighborhood resident input, select one key park to be further
developed in each area, and transform that park into the key neighborhood park for that
area. Where appropriate, reclassity 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 efficient 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
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)
Li le of both r ach - 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 levera9e - 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~3oressively pursue i~rivate 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 Wilt 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 (citywide) - 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.
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 key open space areas are developed, impacted bv adiacent inaDorooriate
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 Mort covered lands on Padre
Island near the Nueces County Park and in Flour Bluff. Most unique areas such
as the Oak Mort 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 strategize 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)
1. "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 funding soumes - TPWD Grants, UPARR Grants, Bonds, limited
school district participation, donations or sponsorships, brownfield conversion
grants (because of old landfill site).
South Guth Park - (high priority) - implement current master plan to add
more diverse 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 includinq 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 ballfields at this time, and needs to
offer much more diverse recreation opportunities.
Estimated Cost for this ohase - St ,000,000 to $1,500,000
Potential fundinR 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 including 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 pdodty) - 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 includinq 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 variety of recreation
opportunities and continues to serve as the city's signature park.
Estimated Cost for this ohase - $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
2. 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.
a. Airport/State School Youth Sports Complex (Phase 1) - (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 fundin(~ soumes - TPWD Grants, Bonds, limited school district
participation, donations or sponsorships, city general funds.
b. Flour Bluff Sports Complex - Phase 1(development) (high priority) -
provides enhanced athletic facilities for the Flour Bluff and Padre Island
communities.
Reason for includin,q 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 ahase - 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.
c. 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 anranged, 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(~ sources - TPWD Grants, Bonds, federal government
participation, Nueces County contributions er 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 fundin~l 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 fundinq 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 fundino soumes - TPWD Grants, Bonds, federal government
participation, donations or sponsorships, city general funds.
Renovate the Hans Sutsr 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
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 includinq 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 fundinq 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 vades based on size of facility.
Potential fundino soumes - TPWD indoor grants, partnerships with local and
national non-profit groups such as YMCA, Boys and Girls Club, etc., other grants,
bonds, donations or sponsomhips
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
windsurfem.
Reason for including 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 soumes - 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 houses and 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.
Downtown - Create si,qnature 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)
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
2. 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:
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.
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.
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 more
detailed analysis, costing and prioritization of trail corridors 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 alternative should be
considered.
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 aggressively 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 before
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 1. 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
P,22866A2.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
20
REMINDER:
PLEASE BRING YOUR CAPITAL
IMPROVEMENT PLANNING
GUIDE (WHITE BINDER) TO THE
MEETING. (Distributed
November 12th)
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEMS:
November 19, 2002
(a) Overview of Proposed FY 2002-03 Capital Budget and Capital Improvement
Planning (CIP) Guide
(b) Public Hearing on FY 2002-03 Capital Budget and CIP Guide
CITY STAFF PRESENTER(S):
Name
Mark L. McDaniel
Title
Director of Management and Budget
ISSUE: The City Charter requires the City Council to act on the Capital Budget as
part of the Comprehensive Plan within sixty days of submittal by the City Manager.
BACKGROUND:
This initial presentation is intended to familiarize the City Council with the document
previously distributed, as well as outline the process that will lead up to the adoption
of the FY 2002-03 Capital Budget. The Planning Commission reviewed the Capital
Improvement Planning Guide at its November 6th regular meeting and November
13th special-called meeting. The Commission recommended adoption with an
amendment to include projects that were pending and related to voter- approved
propositions (November 5, 2002 Election).
In addition to the overview, a public hearing will be held to receive public input prior
to the City Council's formal consideration of the CIP. Public input may also be
received upon first and second reading in December.
REQUIRED COUNCIL ACTION:
No formal action is required at this time.
Mark L. ~l(~E~ar~iel
Director of Management and Budget
X PowerPoint Slides - FY 2002-03 Capital Budget
X Customer Rate Impact Schedule
CITY OF CORPUS CHRISTI
FY 2002-2003
M IN
I'M A A
i
ti '! ++4�-
All
Eme * Issues
Ting
• Solid Waste/Landfill Development
• Storm Water Master Plan and Funding
• Parks & Recreation Open Space Master Plan
• Golf Study Recommendations
• Streets and Associated Utility Relocations
• ADA Related Improvements
• Projects Related to November 5, 2002
Election
(711P Planning Process
Term Long -Range Description
4 Years + Unfunded Future
Bond Election CIP Needs Assessment
Candidates Beyond Year 3
(2004)
Short -Range
3 Years CIP I Fully -Funded Plan
Annual
1 Year Capital 1s` Year of Short -Range CIP
Budget
FY 2003 Revenues
State Revolvine Fund
$7,479.5
Sales Tax Bond Issue
2000
$48,276.1 21%
Revenue I
$67,085.7 30%
Other
$5,056.4 2% CDBG
Operating Funds
$1,175.7 1%
'ape r
oda
.O Grant
,200 1%
GO Bonds
12,210.9 5%
[otel Tax Bonds
062.9 12%
Padre Island Tax
Increment Financing
District
$10,400 5%
FY2003 Expenditures
Streets
$23807.5 10%
Public Health &
Safety
$17,153 8%
Public Facilities K
$74438.3 32% Airport
$13482.4 6%
(000 -9s)
Park & Recreation
$5086.5 2%
Wastewater
$34734.8 15%
Utilities
42%
Storm Water
$6080 3%
Water
$43611 19%
Water Supply
$10510 4%
Gas
$19009.7 0%
Short Range CIP Revenues
(3 Years)
Millions
$250
$150
UOR
$50
FY 2003 FY 2004 FY 2005
® CDBG
13 COs (New)
® Commercial Paper
® GLO
0 GO Bonds
â– Hotel/Motel Tax Bonds
â– Operating Funds
® PI Tax Inc Fin Dist
0 Revenue Bonds
® Sales Tax Bond Issue 2000
â– State Revolving %nd
® Other
Short -Range CIP Expenditures
Millions
$250
$200
$150
$100
$50
(3 Years)
FY 2003 FY 2004 FY 2005
17 Airport
â– Park & Recreation
® Public Facilities
â– Public Health & Safety 17 Streets
13 Gas
0 Storm Water
0 Wastewater
13 Water 0 Water Supply
Long Range CIP Expenditures
Park &
Recreation
5%
Streets
48%
Public Health &
Safety
1%
Public Facilities
1%
(To Date)
Airport
5%
Wastewater
16%
Storm Water
7%
Water
7%
r Supply
9%
Future Funding
Utility Rate Model
• Future Bond Elections
• Other Supplemental Resources
Planning Commission
Recommendations
Adoption of FY 2002-03 Capital Budget
with an amendment to include projects
related to November 5, 2002 voter -
approved propositions
C.'ATIP Schedule
November 19 Regular City Council Meeting -
Document Overview and Public Hearing
December 10 Regular City Council Meeting -
Council Discussion & 1st Reading
December 17 Regular City Council Meeting -
Council Discussion & 2nd Reading (Adoption)
Projected Impact to customer of Future Rate Increases as per Utility Rate Model
Rate Increase: 5% 4.00% 4.00% 4.00% 3.75% 3.75% 3.50% 3.25% 3.00% 2.75%
Service
Minimum 2002-2003
Avg. Cons Actual
2003-2004
Projected
2004-2005
Projected
2005-2006
Projected
2006-2007
Projected
2007-2008
Projected
2008-2009
Projected
2009-2010
Projected
2010-2011
Projected
2011-2012
Projected
Water
7
$
15.77
$
16.41
$
17.06
$
17.74
$
18.41
$
19.10
$
19.77
$ 20.41
$
21.02
$ 21.60
Raw Water
7
$
4.79
$
4.93
$
4.93
$
5.09
$
6.28
$
6.27
$
6.27
$ 6.27
$
6.25
$ 6.26
Gas
3
$
15.79
$
16.42
$
17.08
$
17.77
$
18.43
$
19.12
$
19.79
$ 20.43
$
21.05
$ 21.63
Purchase Gas adj
**
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
$
19.50
$ 19.50
$
19.50
$ 19.50
Solid Waste
minimum
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$
14.00
$ 14.00
$
14.00
$ 14.00
Wastewater
7
$
25.95.72
$
26.75
$
27.82
$
28.93
$
30.02
$
31.14
$
32.23
$ 33.28
$
34.28
$ 35.22
*Total Bill
$
58
$
98.01
$ 100.39
$ 103.03
$
106.63
$
109.14
$
111.56
$ 113.89
$
116.10
$ 118.21
Percent Increase in Monthly Bill 3.09% 2.55% 2.43% 2.62% 3.50% 2.35% 2.22% 2.09% 1.94% 1.82%
* Solid Waste Service calculated on minimum charge
*Purchase gas adjustment price based on average of $6.50/mcf
21
AGENDA MEMORANDUM
DATE: November 11,2002
SUBJECT:
Jamaica Street from Mediterranean to Caribbean (Project No. 6139)
BOND ISSUE 2000 PROJECT C-IR
AGENDA ITEM:
A. Public Hearing on proposed assessments for improvements to the following highway in Corpus
Christi, Nueces County, Texas:
· Jamaica Street from Mediterranean to Caribbean
Ordinance closing the public hearing on proposed assessments for improvements to the following
highway in Corpus Christi, Nueces County, Texas:
· Jamaica Street from Mediterranean to Caribbean
imposing assessments totaling $93,591.72 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 $1,064,545.70 with Salinas Construction of Pleasanton, Texas for the following:
· Jamaica Street from Mediterranean to Caribbean
ISSUE: Jamaica Street is a rural road section with inadequate shoulders, roadside ditches, and no sidewalks
and need to be reconstructed to urban standards. Reconstruction will provide smoother riding surfaces,
improved drainage, and increased pedestrian safety; and fulfill property owner requests for street
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.
'Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background information
Exhibit "B" Project Budget
Exhibit "C' Bid Tabulation
Exhibit "D" Location Map
H:'~HOME~VEL MAR~O E N\STREET~613 9 JAMAICA/CONSTRUCTION~,GENDA MEMO
INFORMATION
SUBJECT:
Jamaica Drive Street Improvements (Project No. 6139)
BOND ISSUE 2000 PROJECT NO. C-1R
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 Lacuna Shores Road (Motion No. M2002-046).
4. October 8, 2002 - Resolution determining the necessity for and ordering the improvement of the following
highway in Corpus Christi, Nueces County, Texas:
· Jamaica Street from Mediterranean to Caribbean
specifying that certain of these improvements will be paid for partly by the City and partly by assessments
while others will be paid for entirely by assessments; and directing the City's Director of Engineering
Services to file a Notice of Proposed Assessments with the Nueces County Clerk (Resolution No.
025036).
5. October 8, 2002 - Resolution approving plans and specifications for improvements to the following
highway in Corpus Christi, Nueces County, Texas:
· Jamaica Street from Mediterranean to Caribbean
approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate
of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public
hearing on these proposed assessments to occur during the 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.
025O37).
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and
Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering
firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public
Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and
engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health
and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering
firms.
4. April 11, 2002 - Public Meeting at Flour Bluff Intermediate School to inform Property Owners of upcoming
construction improvements.
EXHIBIT "A" l
Page 1 of 2
PRIOR ADMINISTRATIVE ACTION: (continued)
5. July 29, 2002 - Amendment No. 2 to the Engineering Services Contract for additional services of the
Laguna Shores Road in the amount of $18,600 with Bass & Welsh Engineering for Neighborhood Street
Reconstruction along Laguna Shores Road.
BACKGROUND: The Tropic Isles Subdivision is an older neighborhood that was originally platted in 1956
along the east side of Jamaica Street and dedicated the right-of-way as 50-feet on Jamaica. Areas on the
west side of Jamaica Street were platted at different times and increased the right-of-way with an additional
10-feet in width.
These subdivisions included the following: · Caribbean Place Unit 1 platted in 1961
· Caribbean Place Unit 4 platted in 1971
· Caribbean Place Unit 3A platted in 1972
· Caribbean Place Unit 3B platted in 1975
The area is comprised primarily of residential house district. The deteriorated condition of the public
infrastructure consists of street pavement in poor condition, roadside ditches that provide poor drainage,
asphalt/caliche driveways and no sidewalks. The utility water and wastewater lines are old and in need of
replacement.
A petition submitted October 5, 1987 was qualified through the Voluntary Paving Program and approved for
funding in the voter approved November 2000 Bond Election. Utility work will be accomplished prior to
reconstruction of the street so that street and drainage work need not be disturbed in the future for utility
replacement. The project improvements consist of new pavement, curb and gutter, sidewalks, driveways and
storm drainage, plus water/wastewater improvements.
PROJECT DESCRIPTION: This project consists of the complete removal of about 2,600 linear feet of street
and replacement with a new 28-foot back of curb to back of curb street containing concrete curbs and gutters,
4-feet concrete walks, Portland cement stabilized base and asphalt surfacing, the removal of existing sanitary
sewer gravity mains and service laterals and replacement thereof with about 2,400 linear feet of new 8-inch
and 1 O-inch PVC gravity mains and service laterals, the construction of a new storm sewer system consisting
of inlets and about 1,900 linear feet of underground storm sewer pipes, the removal of existing water mains
and water laterals and replacement with about 2,600 linear feet of new 8-inch PVC water line with 6-inch
laterals and service connections and other work as shown in the plans and specifications required to complete
the project, in accordance with the plans, specifications, and contract documents.
CONTRACT BIDS: The preliminary assessment roll is based on bid proposals received for the project on
Wednesday, August 28, 2002. The project consists of a Base Bid; and Salinas Construction of Pleasanton,
Texas was the lowest responsible bidder at $1,064,545.70. The engineer's estimate is $1,050,110.00. Two
(2) bid proposals were received; and the bids range from $1,064,545.70 to $1,408,074.65.
CONTRACT TERMS: The contract specifies that the project will be completed in 280 calendar days with
completion anticipated by the end of November 2003.
FUNDING: Funds to finance the proposed project are available in the Utilities Commercial Paper Program.
H:IHOM EIVEL MAR~G EN'~STR EET~6139 JAMAICA\CONSTRUCTION~GENDA BACKGROUND
EXHIBIT "A"
Page 2 of 2
PROJECT BUDGET
JAMAICA STREET IMPROVEMENTS
FROM MEDITERRANEAN TO CARIBBEAN
(Project No. 6139)
November 11, 2002
FUNDS AVAILABLE:
Streets .......................................................................................
Storm Water .................................................................................
Wastewater .................................................................................
Water ..........................................................................................
FUNDS REQUIRED:
Construction (Salinas Constr. Technologies):
Street ............................................................
Storm Water ...................................................
Wastewater ...................................................
Water ............................................................
$457,005.11
173,814.50
253,170.51
180,555.58
Subtotal Construction ..................................................................
Contingencies ..............................................................................
Consultant (Bass & Welsh Engineering) .............................................
Consultant (Goldston Engineering) ...................................................
Consultant (James K. Lontos, P. E.) ................................................
Finance Reimbursements ...............................................................
Engineering Reimbursements .........................................................
Testing (Fugm South, Inc.) ...............................................................
Bond Issuance Expense ..................................................................
Misc. (Printing, Advertising, etc.) ......................................................
Total ..........................................................................................
$601,175.20
214,310.22
303,686.11
228,891.96
$1,348,063.49
$1,064,545.70
106,454.57
140,000.00
5,411.00
368.18
3,878.89
11,844.28
1,980.00
10,826.43
2,754.45
$1,348,063.50
EXHIBITpage 1 of "B'I ]
BID TABULATION
BIDS TABULATED BY: 'Angef R. Escobar, P.E., Director of Engineering Services
BID DATE: Wednesday, August 28, 2002
Engineers Estimate: $1,050,110.00
Calendar Days: 280
JAMAICA DRIVE STREET
IMPROVEMENTS - PROJECT NO. 6139
Salinas Construction
3734 FM 3006
Pleasanton, TX 78064
W. T. Young Construction
P. O. Bax 9197
Corpus Christi, TX 78469
REM DESCRIPTION QTY. UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART A - STREET, SIDEWALK AND DRIVES
A-1
2 1/2" HMAC, complete in place per square yard
7,573
S.Y.
$8.00
$60,584.00
$9.30
$70,428.90
A-2
4" R/C Walk, complete in place per square foot
17,886
S.F.
$3.18
$56,877.48
$4.00
$71,544.00
A-3
6" RIC Curb & Gutter, complete in place per linear
foot
5,038
L. F.
$9.00
$45,342.00
$10.20
$51,387.60
A-4
6" R/C Driveway, complete in placer per square foot
12,280
S. F.
$4.64
$56,979.20
$6.25
$76,750.00
A-5
10" Cement Stabilized Base to 1' BC, complete in
place per square yard
9,234
S.Y.
$9.43
$87,076.62
$12.00
$110,808.00
A-6
Street Excavation to V BC, complete in place per
squre yard
9,234
S.Y.
$13.81
$127,521.54
$9.60
$88,646.40
A-7
Traffic Control during construction for Street and
Surface Items, complete in place per lump sum
1
L.S.
$12,772.27
$12,772.27
$8,000.00
$8,000.00
A-8
Ozone Days, complete in place per each
3
EA.
$1,000.00
$3,000.00
$200.00
$600.00
A-9
Remove and Relocate Fence, complete in place per
Pineal foot
600
L.F.
$11.42
$6,852.00
$12.00
$7,200.00
SUBTOTAL PART 'A"- STREET AND SURFACE ITEMS - ITEMS (A1 -A9) $457,005.11 $485,364.90
Page 1 of 4
JAMAICA DRIVE STREET
IMPROVEMENTS - PROJECT NO. 6139
Salinas Construction
3734 FM 3006
Pleasanton, TX 78064
W. T. Young Construction
P. O. Box 9197
Corpus Christi, TX 78469
ITEM DESCRIPTION QTY. UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART B -STORM SEWER
B-1
5' Special Inlet, complete in place per each
51
EA.
$3,914.29
$19,571.45
$2,280.00
$11,400.00
B-2
5' Inlet, complete in place per each
111
EA.
$2,373.61
$26,109.71
$2,280.00
$25,080.00
B-3
15" RCP, complete in place per linear foot
747
L.F.
$33.51
$25,031.97
$42.00
$31,374.00
B-4
18" RCP, complete in place per linear foot
1,188
L.F.
$36.59
$43,468.92
$65.00
$77,220.00
B-5
Manhole, complete in place per each
4
EA.
$2,173.65
$8,694.60
$2,850.00
$11,400.00
B-6
Temporary Pavement Patching, complete in place
per square yard
506
S.Y.
$28.68
$14,512.08
$46.00
$23,276.00
B-7
Permanent Pavement Patching, complete in place
per square yard
5
S.Y.
$67.34
$336.70
1 $46.00
$230.00
B-8
Trench Safety for Storm Sewer Pipes, complete in
place per linear foot
1,935
L.F.
$1.00
$1,935.00
$2.00
$3,870.00
B-9
Traffic Control during construction for Storm Sewer,
complete in place per lump sum
1
L.S.
$4,257.42
$4,257.42
$8,000.00
$8,000.00
B-10
Bride Manhole Riser on existing RIC J -Box,
complete in place per each
1
EA.
$750.00
$750.00
$900.00
$900.00
B-11
Adjust (Convert) RIC inlet to Junction Box,
complete in place per each
5
EA.
$1,768.43
$8,842.15
$1,740.00
$8,700.00
B-12
Storm Water Pollution Prevention, complete in
place per lump sum
1
L.S.
$15,500.00
$15,500.00
$24,000.00
$24,000.00
B-13
Grass Sodding, complete in place per square yard
1 2,580
S.Y.
$0.65
$1,677.00
$10.80
$27,864.00
B-14
12" RCP, complete in place per lineal foot
1 751
L.F.
$41.70
$3,127.50
$49.00
$3,675.00
SUBTOTAL PART "B" - STORM SEWER - ITEMS IBI -814) $173,814.50 $256,989.00
Page 2 of 4
Page 3 of 4
Salinas Construction
W. T. Young Construction
JAMAICA DRIVE STREET
3734 FM 3006
P. O. Box 9197
IMPROVEMENTS - PROJECT NO. 6139
Pleasanton, TX 78064
Corpus Christi, TX 78469
ITEM DESCRIPTION CITY. UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART C -SANITARY SEWER
PVC Sanitary Sewer Service with Cleanout,
C-1
complete in place per each
37
EA.
$695.19
$25,722.03
$1,440.00
$53,280.00
C-2
8" PVC Pipe, complete in place per linear foot
50
L.F.
$21.01
$1,050.50
$150.00
$7,500.00
C-3
10" PVC Pipe, complete in place per linear foot
2,535
L.F.
$23.01
$58,330.35
$63.25
$160,338.75
4' Dia. FG Manhole 4' - 6' Deep, complete in place
C-4
per each
7
EA.
$2,930.71
$20,514.97
$2,900.00
$20,300.00
4' Dia. FG Manhole 6' - 8' Deep, complete in place
C-5
per each
1
EA.
$2,925.06
$2,925.06
$3,430.00
$3,430.00
4' Dia. FG Manhole 8' - 10' Deep, complete in place
C-6
per each
2
EA.
$3,604.19
$7,208.38
$4,680.00
$9,360.00
5' Dia. FG Manhole 10'- 12' Deep, complete in
C-7
place per each
1,750
L.F.
$30.31
$53,042.50
$24.00
$42,000.00
Temporary Pavement Patching, complete in place
C-8
per square yard
830
S.Y.
$28.68
$23,804.40
$46.00
$38,180.00
De -Watering for Sanitary Sewer, complete in place
C-9
per linear foot
2,600
L.F.
$4.15
$10,790.00
$12.00
$31,200.00
Crushed Stone Embedment for Gravity Sanitary
C-10
Sewer Pipe, complete in place per lineal foot
2,585
L.F.
$9.08
$23,471.80
$19.00
$49,115.00
Permanent Pavement Patching, complete in place
C-11
per square yard
60
S.Y.
$67.34
$4,040.40
$46.00
$2,760.00
Trench Safety for Sanitary Sewer Service Pipes,
C-12
complete in place per lineal foot
2,585
L.F.
$1.00
$2,585.00
$5.00
$12,925.00
Traffic Control during construction for Sanitary
C-13
Sewer, complete in place per lump sum
1
L.S.
$4,257.42
$4,257.42
$8,000.00
$8,000.00
Rehabilitate Existing Manhole (install fiberglass
C-14
liner), complete in place per each
1
EA.
$3,427.70
$3,427.70
$2,880.00
$2,880.00
Wastewater Utility Allowance, complete in place per
C-15
lump sum
1 1
L.S.
$12,000.00
$12,000.00
$12,000.00
$12,000.00
SUBTOTAL PART "C' - SANITARY SEWER - ITEMS (C1 -C15) $253,170.51 $453,268.75
Page 3 of 4
JAMAICA DRIVE STREET
IMPROVEMENTS - PROJECT NO. 6139
Salinas Construction
3734 FM 3006
Pleasanton, TX 78064
W. T. Young Construction
P. O. Box 9197
Corpus Christi, TX 78469
ITEM DESCRIPTION ---F-QT-YT UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
PART D - WATER
D-1
1" Single Water Service, complete in place per
each
38
EA.
$649.28
$24,672.64
$760.00
$28,880.00
D-2
6" DI 90 -degree EL, complete in place per each
2
EA.
$246.08
$492.16
$300.00
$600.00
D-3
6" Gate Valve w/Box, complete in place per each
10
EA.
$879.42
$8,794.20
$840.00
$8,400.00
D-4
6" PVC Pipe, complete in place per lineal foot
300
L.F.
$19.12
$5,736.00
$30.00
$9,000.00
D-5
6" X 6" X 6" Tee, DI, complete in place per each
1
EA.
$248.95
$248.95
$384.00
$384.00
D-6
6" DIA X 30" PVC Pipe Nipple, in place per each
2
EA.
$277.65
$555.30
$150.00
$300.00
D-7
8" x 6" DI Reducer, complete in place per each
31
EA.
$375.38
$1,126.14
$228.00
$684.00
D-8
8" x 8" x 6" Tee, DI complete in place per each
6
EA.
$411.73
$2,470.38
$372.00
$2,232.00
D-9
8" PVC Pipe, complete in place per linear foot
2,630
L.F.
$21.47
$56,466.10
$28.00
$73,640.00
D-10
8" Gate Valve w/Box, complete in place per each
9
EA.
$1,072.07
$9,648.63
$1,000.00
$9,000.00
D-11
Temporary Pavement Patching, complete in place
per square yard
272
S.Y.
$28.68
$7,800.96
$46.00
$12,512.00
D-12
Fire Hydrant Assembly, complete in place per each
7
EA.
$3,011.58
$21,081.06
$3,120.00
$21,840.00
D-13
Trench Safety for Water Pipes, complete in place
per linear foot
2,930
L.F.
$1.00
$2,930.00
$2.00
$5,860.00
D-14
6" DI 45 -degree EL, complete in place per each
16
EA.
$263.18
$4,210.88
$360.00
$5,760.00
D-15
Water Tie In (6" Pipes and Larger), complete in
place per each
9
EA.
$1,664.20
$14,977.80
$840.00
$7,560.00
D-16
Traffic Control during construction for Water,
complete in place per lump sum
1
L.S.
$4,257.42
$4,257.42
$8,000.00
$8,000.00
D-17
12" Tapping Saddle with 8" Tapping Gate Valve,
complete in place per each
1
EA.
$5,103.20
$5,103.20
$2,880.00
$2,880.00
D-18
8" DI 45 -degree EL, complete in place per each
4
EA.
$356.94
$1,427.76
$480.00
$1,920.00
D-19
6" AC Water Pipe Disposal, complete in place per
lineal foot
100
L.F.
$15.56
$1,556.00
$60.00
$6,000.00
D-20
Water Utility Allowance, complete in place per lump
sum
1
L.S.
$7,000.00
$7,000.00
$7,000.00
$7,000.00
SUBTOTAL PART "D" - WATER - ITEMS (D1 -D20) $180,555.58 $212,452.00
TOTAL BASE BID (PARTS A, B, C, D) $1,064,545.70 $1,408,074.65
Page 4 of 4
/
VICINITY ~P
C~TY P~ECT NO. 6139 NOT ;0 ~C~L~ EXHZB~T "D"
J~CA STREET ZBP~VEMENTS FROM C~TY COUNCZL EXHZB~T
DEPARTMENT OF ENGINEERING SERVICES
MEDZTER~ TO C~BB~ PAGE: I of 1
CI~ OF CORPUS CHRISTI, TEXAS DATE: 11-13-2002
ORDINANCE
CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR
IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN CORPUS
CHRIST1, NUECES COUNTY, TEXAS:
Jamaica Drive from Mediterranean to Caribbean
1MPOSING ASSESSMENTS TOTALING $93,591.72 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.025036, passed on October 8, 2002, the city council determined that it
was necessary to improve and ordered the improvement of the following highway in Corpus Christi,
Nueces County, Texas:
Jamaica Drive from Mediterranean to Caribbean
(collectively, the "Jamaica Drive 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
rules which apply to the city street improvement assessment process (the "Assessment Process
Rules Resolution"). These rules concerned assessment hearing notice and the assessment heating
itself.
In Resolution No. 025037 passed on October 8, 2002, the city council scheduled a public
hearing on proposed assessments for the Jamaica Drive 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: October 14,
2002, October 21, 2002, and October 28, 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 31, 2002.
H:kLEG-DIR\j ohn\ORDINANCE~Close Pub. Hrg. Jamaica Drive.wpd 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. During the November 19, 2002 city council meeting, a public hearing was held
conceming proposed assessments for the Jamaica Drive 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:
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.
H:kLEG-DIR\john\ORDINANCE\Close Pub Hrg. Jamaica Driv¢.wpd 2
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, turn 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 role, 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 hearing. 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
HSLEG-DIR\john\ORDYIqANCE\Close Pub. Hrg Jamaica Dfive.wpd 3
B. the interest rate paid by the city on its most recently issued general obligation
bonds.
Assessment 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 October 8, 2002, the date when the Corpus
Christi City Council ordered the Jamaica Drive Street Improvements Project.
SECTION 10. A lien against property or the personal liability of a 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 attorneys' 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
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED AS TO FORM THE /~ DAY OF ~/~P~ ,2002
JAMES R. BRAY JR., CITY ATTORNEY
(~ ~hn P. Burke, Jr. V
~tssistant City Attorney
H:~LEG-D1R\j oh n\ORDINANCE\CIose Pab. Hrg. J~aaica Drive wpd 4
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\CIose Pub. Hrg. Jamaica Drive.wpd 5
CITY ENGINEER'S STATEMENT
JAMAICA DRIVE STREET IMPROVEMENTS
FROM MEDITERRANEAN TO CARIBBEAN
My name is Angel R, Escobar, I am the City Engineer for the City of Corpus Christi and
have served in this capacity for the last 26 months and as Assistant City Engineer for the
last one-hundred and twenty months (120) months.
I am a Professional Engineer, licensed by the State of Texas since 1977. I have over 24
years of experience in design of construction and estimating the costs thereof.
I am familiar with this project which encompasses:
Jamaica Drive Street Improvements from Mediterranean to Caribbean
The project consists of the complete removal of approximately 2,600 linear feet of street
and replacement with a new 28-foot back of curb to back of curb street containing concrete
curbs and gutters, 4-feet concrete walks, Portland cement stabilized base and asphalt
surfacing, the removal of existing sanitary sewer gravity mains and service laterals and
replacement thereof with approximately 2,400 linear feet of new 8-inch and 10-inch PVC
gravity mains and service laterals, the construction of a new storm sewer system consisting
of inlets and approximately 1,900 linear feet of underground storm sewer pipes, the
removal of existing water mains and water laterals and replacement with approximately
2,600 linear feet of new 8-inch PVC water line with 6-inch laterals and service connections
and other work as shown in the plans and specifications required to complete the project,
in accordance with the plans, specifications, and contract documents.
Funds to finance the proposed project are available in the Street Bond Fund and 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 costs are true and accurate. This project is
estimated to start in January 2003 with completion in December 2003.
~ (Date)
Director of Engineering Services
EXHIBIT "A"
GEORGE N PARASKEVA$
REALTORS
GORPU$ C;HRISTL TIrX&~ ?~411
October 15, 2002
PRELIMINARY ASSESS~ ROLL, JAMAICA STREET IMPROVEMENTS FROM
~V~Xsi'IY, RRANEAN TO CARIBBEAN (Project No. 6139)
My name is George bl Paraskevas and I am a State Certified Residential appraiser and
have been evaluating property and practicing real estate in the Corpus Christi area since 1971. I have
experience in app~'mg both commercial and residential prope~es, and I am familiar with the real
estate market in Corpus Christi.
I am familiar with the Jamaica Sa'ect Improvements. I agree with Mr. Angel IL Escobar des~xiptian of
the conditions to be changed and I am familiar with the improv~nents to be mado by the City of Corpus
Christi.
I have reviewed the project assessment roll; and personally examined each of the 54 parcels of land
therein. In my opiniua each such parcel will be specifically benefited by each improvement to be assessed
against it; without regard to the community benefit.
In addition, it is my opinion that each such parcel will be specially enhanced by such improvement at
Least to the extent of the assessment stated.
Thank you,
George 3( Paraskevas
Appraiser
r,
OFFICE (391) 992-2541 FAX (391) 992-2542
geopam0ccbor, org ww'w. georgepsmskevss.com
Preliminary Assessment Roll
Jamaica Or - Caribbean Dr to Mediterranean Dr, 6139
9-30-02
EXHIBIT "B"
Page 1 ofll
Preliminary Assessment Roll
Jamaica Dr ~ Caribbean Dr. to Mediterranean Dr, 6139
9-30-02
Page 2 of 11
Preliminap/Assessment Roll
Jamaica Dr - Cadbbean Dr to Mediterranean Dr, 6139
9-30-02
Page 3 of 11
9-30-02
Lot29, Block9 0.00 s; No Second Orivewey ~ $5.01 perff, = $0,00
Page 4 ofll
Jamaica Dr - Caribbean Dr to Mediterranean Or, 6139
9-30-02
Page 5 of 11
PreliminaP/Assessment
Jamaica Dr - Caribbean Dr lo Mediterranean Dr. 6139
9-30-02
and Description (~uantity D~scdptkm Rate Amoun~ Amount
Tropic Isles 000 sf NO Secc~d Driveway ~ $501 per It = $0.0(
End Jamaica Dr. - Southeast Side
From Cedbbean Dr to Mediterranean Dr.
Page 6 of 11
Preliminary Assess~ent Roll
Jamaica Dr - Caribbean Dr. to Mediterranean Dr. 6139
9-30-02
I Property Owner I At~m~lt A~e.ment A.~iet,ment A~,ment I TOtal
Page 7 ofll
PreliminaP/Assessment Roll
Jamaica Dr - Caribbean Dr to Msditerranean Dr., 6139
9-30-02
and D~af~lptio~ ~ulnUt~ Descrhation Rite Amount Amounl
000 sf NO SeCond Ddveway ~ $5.01 per ff =
;{-1 B $329.80
Page 8 ofll
Preliminary Assessment Roll
Jamaica Dr ~ Caribbean Dr to Medite~'anean Dr, 6139
9-30-02
Page 9 of 11
Preliminary Assessment Roll
Jamaica Dr - Caribbean Dr [o M~literranean Dr., 6139
9~30-02
Page 10 of 11
Preliminary Assessment Roll
Jamaica Dr - Caribbean Dr to Mediterranean Df, 6139
9-30-02
and Descri~ioft (~uant]ly Descrlj)tk)n Rate Amount Amount
0.00 ft No Ex~ras ~ $0.00 per fl. = $0.00
End Jamaica Dr - Nodhwest Side
Page 11 ofll
22
AGENDA MEMORANDUM
November 19, 2002
SUBJECT: McArdle Road Street Imps. (#6146), Phase 3, Everhart Rd. to Holmes Drive
Bond Issue 2000
AGENDA ITEM:
A. Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to determine
the feasibility of dedicating a .2428 acre strip of land from parkland known as Mount
Vernon Park, necessary for a Right-of-Way Easement in connection with the McArdle
Road Street Improvement Project, Phase 3 (ffl~146), Bond Issue 2000, Project No. C-
6.
B. Ordinance authorizing a Right-of -Way Easement to the public for dedication of right-of
way through parkland known as Mount Vernon Park necessary for the McArdle Road
Street Improvement Project, Phase3 (#6146), Bond Issue 2000, Project No. C-6, and
declaring an emergency.
C. Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to determine
the feasibility of dedicating a .0337 acre strip of land from parkland known Lions Park,
necessary for a Right-of-Way Easement in connection with the McArdle Road Street
Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6.
D. Ordinance authorizing a Right-of-Way Easement to the public for dedication of right-
of-way through parkland known as Lions Park necessary for the McArdle Road Street
Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and
declaring an emergency.
ISSUE: The voters in the November 7, 2000 referendum approved the McArdle Road
Street Improvement project. The street improvement project involves the widening of
McArdle Road to 67 feet to accommodate two moving lanes in each direction and a center
turn lane with new sidewalks and intersection ramps complying with ADA requirements.
It is necessary to dedicate street right-of-way from Mount Vernon Park and Lions Park to
accommodate these improvements. A public hearing and subsequent passing of an
ordinance is required for dedication.
REQUIRED COUNCIL ACTION:
1. Public Hearing: The City Council must hold this public hearing in order to comply with
the regulations dealing with use of parkland in Texas. If any parkland, now or in the future,
is going to be used for anything other than park purposes, then the City Council must hold
a public headng and make the proper findings pursuant to the Texas Parks and Wildlife
Code sections 26.001 and 26.002 which require that:
1. There is no feasible or prudent alternative to the use of the land, and
2. All reasonable planning efforts have been made to minimize harm to the park.
The City Council can only make these findings after the public has received due notice
of the public hearing and the public hearing has been held. The public notice for this public
hearing was published in the Legal Notices of the Caller Times newspaper on 10/27/02,
11/3/02, and 11/10/02.
2. Passinq of Ordinance: The City Council must also approve an ordinance and declare
an emergency in the granting of a Right of Way Easement from both Mount Vemon Park
and Lions Park.
FUNDS: No funding required.
RECOMMENDATION: Staff recommends the approval of the ordinance as presented.
scobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Council Exhibit (Parcel Locations)
Ordinance (Mount Vernon Park)
Ordinance (Lions Park)
H:~HOME~EUSEBIOG\GEN~ienda ItemsWIcArdle Road St. Imps.parksV~genda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: McArdle Road Street Imps. (#6146), Phase 3, Everhart to Holmes Drive
Bond Issue 2000
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)
March 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)
August 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 Parcel 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, (~146), Bond Issue 2000, Project No.
C-6, and for other municipal purposes. (Motion No. M2002-268)
Au,qust 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)
September 17, 2002 - Motion authorizing the City Manager or his designee to
execute a Real Estate Sales Contract with Cheryl L. Floras 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 Mada
Exhibit k I
1 of 2
Roddguez 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 closing costs and an additional amount not
to exceed $22,500 for relocation assistance for Parcel 9 and with Edc 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.
2002-324)
November 12, 2002 - 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. (Motion No. not assigned yet)
FUTURE COUNCIL ACTION: Council will be required to:
authorize the award of futura construction contracts and amendments; and
authorize the approval of any other parcels in the project where acquisition cost
exceeds $25,000
Exhibit A
2 of 2
SUBJECT PARCELS
N
L OCA T T_ ON MAP
NOT TO SCALE
N
PARCEL 18o
%%
VT_CINITY klAP
EXHIBIT B
NOT TO SCALE
I, lcARDLE RD. STREET ItlPRDVElilENTS
PARCELS 18a, 18b
CITY OF CORPUS CHRISTI, TEXAS
CZ'FY COUNCZL EXHZBZT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I ol= 1
DATE: 1 I- 13-2002
AN ORDINANCE
AUTHORIZING A RIGHT-OF-WAY EASEMENT TO THE
PUBLIC FOR DEDICATION OF RIGHT-OF-WAY THROUGH
PARKLAND KNOWN AS MOUNT VERNON PARK, NECESSARY
FOR THE MCARDLE ROAD STREET IMPROVEMENT
PROJECT, PHASE 3, (#6146), BOND ISSUE 2000, PROJECT NO.
C-6; AND DECLARING AN EMERGENCY.
WHEREAS, there is a need for a 10,576 square foot sffip of land along certain parkland
adjacent to McArdle Road (Mt. Vernon Park), out of Mt. Vernon Subdivision Unit 3, recorded in
Volume 19 Page 84, Map Records Nueces County, Texas, to be used for a right-of-way easement
in connection with the McArdle Road Street Improvement Project; and
WHEREAS, a public hearing was held on Tuesday, November 19, 2002, during a meeting of
the City Council, in the City 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, as a result of the public hearing, it has been determined that there is no feasible or
prudent alternative to the use of the land and all reasonable planning efforts have been made to
minimize harm to the park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Pursuant to Texas Parks and Wildlife Code Sections 26.001 and 26.002, Council
has made findings and it has been determined that there is no feasible or prudent alternative to
the use of the land and all reasonable planning efforts have been made to minimize harm to the
park.
SECTION 2. That the 10,576 square foot strip of land for a right-of-way easement along certain
parkland adjacent to McArdle Road (Mt. Vernon Park), out of Mt. Vernon Subdivision Unit 3,
recorded in Volume 19 Page 84, Map Records Nueces County, Texas, to be used in connection
with the McArdle Road Street Improvement Project, is hereby dedicated for the benefit of the
public in consideration of the sidewalk improvements to be made and general public park
benefit. A copy of the map and legal description is attached and incorporated by reference.
SECTION 3. That upon written request of the Mayor or five council members, copy attached,
the City Council (1) fmds and declares an emergency due to the need for immediate action
necessary for the efficiem 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
19th day of November, 2002.
EXHIBIT C
METES AND BOUNDS DESCRIPTION
OF 0.2428 ACRES OF LAND
BEING 0.2428 acres (10,576 square feet) of land, more or less, out of Mt. Vernon
Park, Mt. Vernon - Unit 3 as recorded in Volume 19, Page 84 of the Map Records of
Nueces County, Texas said 0.2428 acre tract being more particularly described as
follows;
BEGINNING at a set 5/8 inch iron rod in the southwest line of McArdle Road for
the east comer of the aforesaid Mt. Vernon Park;
THENCE, with the southeast line of Mt. Vernon Park, S28°36'03"W at 11.00 feet
a found 5/8 inch iron rod for the north comer of Lot 2A, Padre Staples Mall, as rocorded
in Volume 52, Page 125 of the Map Records of Nueces County, Texas in all 12.43 feet to
a set 5/8 inch iron rod in the common southeast line of Mt. Vernon Park and noHlawest
line of said Lot 2A;
THENCE, leaving said common line, N64°06'54"W 461.52 feet to a set 5/8 inch
iron rod in the common southeast line of Holmes Drivo and northwest Yme of Mt. Vernon
Park;
THENCE, with a non-tangent curve to the left, said curve having a central of
00°03'53'', a.radius of 3,807.83 feet and a chord bearing N28°37'59"E 4.30 feet, an arc
distance of 4.30 feet to a set 5/8 inch iron rod;
THENCE, with a tangent curve to the fight, said curve having a central angle of
90°00'00'', a radius of 30.00 feet an a chord bearing N73°36'03,E 42.43 feet, an are
distance of 47.12feet to a set 5/8 inch iron rod in the common northeast line of Mt.
Vernon Park and southwest line of McArdle Road;
· THENCE, with said common line, S61°23'57"E 431.00 feet to the POINT OF
BEGINNING and containing 0.2428 acres of land, moro or less.
NOTE:
Bearings are based on the Texas State Plane Coordinate System, South
Zone, NAD 1983;
Registered Professional Land Survey~~_..~..:.;~.~' ~
Texas No. 3589
(361) 289-1385
FND~, LOT 2A
5/8 I.R.-.~/ PADRE STAPLES MALL
~(~ VOL. 52. PO. 125
SEE: DETAIL
LOT 2A
PADRE: STAPLES
MALL
VOL. 52. PG. 125
M.R.N.C.T.
R.,,xS07.83'
CHmN28',~7'59"E 4-.50'
MT. 'VERNON PARK
MT. V~RNON - UNIT
VOL 19. PG. 84
M.R.N.C.T.
DE'TAIL 'B"
R:~30.O0'
L-47.12'
CH~N7,T,~6'03"E 42.4,'3'
SET 5/8" !RON ROD Al' ALL CORNERS
MT. VERNON PARK
MT. VERNON-UNIT a
VOL 19, PG. ~4, M.R.N.C.T.
MEI-GOVIND
AN ORDINANCE
AUTHORIZING A RIGHT-OF-WAY EASEMENT TO THE
PUBLIC FOR DEDICATION OF RIGHT-OF-WAY THROUGH
PARKLAND KNOWN AS LIONS PARK, NECESSARY FOR THE
MCARDLE ROAD STREET IMPROVEMENT PROJECT, PHASE
3, (~6146), BOND ISSUE 2000, PROJECT NO. C-6; AND
DECLARING AN EMERGENCY.
WHEREAS, there is a need for a five (5') foot wide right-of-way easement along certain
parkland adjacent to McArdle Road (Lions Park), out of Windsor Park Subdivision Unit 4,
recorded in Volume 15 Page i 8, Map Records Nueces County, Texas, to be used in connection
with the McArdle Road Street Improvement Project; and
WHEREAS, a public hearing was held on Tuesday, November 19, 2002, during a meeting of
the City Council, in the City 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, as a result of the public hearing, it has been determined that there is no feasible or
prudent alternative to the use of the land and all reasonable planning efforts have been made to
minimize harm to the park. P
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Pursuant to Texas Parks and Wildlife Code Sections 26.001 and 26.002, Council
has made findings and it has been determined that there is no feasible or prudent alteruative to
the use of the land and all reasonable planning efforts have been made to minim'rze harm to the
park.
SECTION 2. That the five (5') foot wide right-of-way easement along certain parkland adjacent
to McArdle Road (Lions Park), out of Windsor Park Subdivision Unit 4, recorded in Volume 15
Page 18, Map Records Nueces County, Texas, to be used in connection with the McArdte Road
Street Improvement Project, is hereby dedicated for the benefit of the public in consideration of
the sidewalk improvements to be made and general public park benefit. A copy of the map and
legal description is attached and incorporated by reference.
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
19t~ day of November, 2002.
EXHIBIT D
METES AND BOUNDS DESCRIPTION
OF 0.0337 ACI~,S OF LAND
BEING 0.0337 acres (1,466 square feet) out of Lions Park (formerly Lena Park)
as recorded in Volume 15, Page 18 of the Map Records of Nueces County, Texas said
0.0337 acre tract being more particularly described as follows;
BEGINNING at a set drill hole in concrete for the west comer of Lot SA, King
Square Addition as recorded in Volume 45, Page 32 of the Map Records of Nueces
County, Texas in the southeast line of the aforesaid Lions Park, said drill hole being
S28°36'03'W 323.00 feet fi.om a found 518 inch iron rod for the nox~h comer 0f said Lot
SA;
THENCE, with said southeast line, S28°36'03"W 5.00 feet to a set "X' in
concrete for the south comer of Lions Park in the northeast right of way line of McArdle
Road;
THENCE, with the common northeast right of way of McArdle Road and
southwest line of Lions Park, N61°23'57"W 250.00 feet to a set 518 inch iron rod;
THENCE, with a tangent curve to the right, said curve having a central angle of
90°, a radius of 30.00 feet and a chord bearing NI6°23'57"W 42.43 feet, an ate distance
of 47.12 feet to a set 518 inch iron rod in the common southeast right of way line of
Holmes Drive and northwest line of Lions Park;
THENCE, leaving said common line, S61°23'57"E 5.00 feet to a set 5/8 inch iron
rod;
THENCE, with a non4angent curve to the loll said curve having a central angle
of 90% a radius 0f 25.00 feet and a chord bearing S16°23'57"E 35.36 feet, an arc
distance of 39.27 feet to a set 518 inch iron rod;
THENCE, 5.00 feet fi.om and parallel to thc southwest line of Lions Park,
S61°23'57"E 250.00 feet to the POINT OF BEGINNING and containing 0.0337 seres of
land, more or less.
NOTE:
Bearings are based on the Texas State Plane Coordinate System, South
Zone, NAD 1983.
Michael D. Stridde ~'~$~.~,~
Registered Professional Land
Texas No. 3589
Date
UONS PARK
F'NO..5/8"
P.O.B.
SET DRill HOLE IN CONC.
LIONS PARK
WINDSOR PARK - UNIT FOUR
VOl- 15, Pg. 18
M.R.N.C.T,
-/
b=90'O0'O0"
R~25.00'
L~39.27'
CH=S16'25'57"E 35.36'-
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
*~ *~.// R~30.00'
L-47.12'
CH~N16'23~57"W 42.45'
mo.
/
/
/
/
/
/
/
/
/
/
/
/
0~0837 ACRES OUT OF
LION8 PARK
WINDSOR PARK - UNIT FOUR
NOTE: SET 5/8" INCH IRON ROD UNLESS INDICATED OTHERWISE.
~1~I GOVIND
cCity of
9rpus
C rtsti
DEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
McArdle #18a,18b #6146
Right-of-Way Easement
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
The City of Corpus Christi, a municipal corporation duly incorporated under and by virtue of the
laws of the State of Texas, located at P.O. Box 9277, Corpus Christi, 78469, of the County of
Nueces, State of Texas, in consideration of the public benefit provided by right of way easements
hereby dedicates for the benefit of the public a right of way easement consisting of the free and
uninterrupted perpetual use, liberty, privilege, and easement of going in, on, over and along a certain
tract of land situated in Nueces County, Texas.
This dedication easement was authorized by ordinance of the City Council of the City of Corpus
Christi, Texas, duly adopted on November 19, 2002.
See the metes and bounds property description attached and incorporated as
"Exhibit A". (Premises)
A map showing the location of the RIGHT-OF-WAY EASEMENT is
attached and incorporated as "Exhibit B".
Together with the flee ingress, egress and regress to and for the City of Corpus Christi, Texas, and
its franchisees, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and
appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages and
all other vehicles and all other means of transportation necessary or convenient at all times and in
all seasons in, along and upon said Premises, as well as to lay, operate, inspect, replace, repair,
service and maintain public utility lines, storm sewers, and franchised utility lines in, on, over, under
and along said Premises.
TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of
Corpus Christi, Texas, its successors, legal representatives, fxanchisees and the public, for the proper
use as public streets and utility easements for so long as used for such purposes, and if the use for
said easements and rights of way is ever abandoned, then the aforesaid rights and privileges cease.
Right of Way Easement
H:htIOME~SHIRLEYT~O EN~asementhncardle 18a 18b '02s #6146 -dedication- CITY PARKS-Dan Withworth. RS -Lyons Pk.doc
Page I of 5
WITNESS MY HAND THIS THE DAY OF
CITY OF CORPUS CHRISTI
,2002.
By:
Daniel L. Whitworth, Operations Director
Park and Recreation Department
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ., 2002
by Daniel L. Whitworth as Operations Director of Park and Recreation Department of the City of
Corpus Christi, a municipal corporation, on behalf of said corporation.
Notary Public in and for the State of TEXAS
[Seal]
Accepted for the City of Corpus Christi, a municipal corporation and body politic under the laws of
the State of Texas, this the of ,2002.
GRANTEE
CITY OF CORPUS CHRISTI, TEXAS
P. O. Box 9277
City Hall, 1201 Leopard, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469-9277
'Angel R. Escobar, P.E., Director
Department of the Engineering Services
Right of Way Easement
H:\HOM E\SHIRLEYT~GEN~easement\mcardle 18a 18b '02s #6146 -dedication- CITY PARKS-Dan Withworth. RS -Lyons Pk.doc
Page 2 of 5
APPROVED AS TO LEGAL FORM, THIS DAY OF
JAMES R. BRAY, JR, CITY ATTORNEY
, 2002.
Joseph Hamey
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ., 2002
by 'Angel R. Escobar as Director of Engineering Services of the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public in and for the State of Texas
[Seal]
Right of Way Easement
H:\HOME\SHIRLEyT\GENXeasement~racardle 18a ! 8b '02s g6146 -dedication- CITY PARKS-Dan Withworth. RS -Lyons Pk,doc
Page 3 of 5
METES AND BOUNDS DESCRIPTION
OF 0.0337 ACRES OF LAND
BEING 0.0337 acres (1,466 square feet) out of Lions Park (formerly Lena Park)
as recorded in Volume 15, Page 18 of the Map Records of Nueces County, Texas said
.0.0337 acre tract being, more particularly described as follows;
BEGINNING at a set drill hole in concrete for the west comer ofL0t 8A, King
Square Addition as recorded in Volume 45, Page 32 of the Map Records of Nueces
County, Texas in the southeast line &the aforesaid Lions Park, said drill hole being
S28°36'0Y'W 323.00 feet from a found 5/8 inch iron rod for the north comer of said Lot
SA;
THENCE, with said southeast line, S28°36'03"W 5.00 feet to a set "X" in
concrete for the south comer of Lions Park in the northeast right of way line of McArdle
Road;
THENCE, with the common northeast right of way of McArdle Road and
southwest line of Lions Park, N61°2Y57"W 250.00 feet to a set 5/8 inch iron rod;
THENCE, with a tangent curve to the right, said curve having a central angle of
90% a radius of 30.00 feet and a chord beating NI 6°23'57"W 42.43 feet, an arc distance
of 47.12 feet to a set 5/8 inch iron rod in the common southeast right of way line of
Holmes Drive and northwest line of Lions Park;
THENCE, leaving said common line, S61°23'57"E 5.00 feet to a set 5/8 inch iron
rod;
THENCE, with a non-tangent curve to the left, said curve having a central angle
ofg0°, a radius of 25.00 feet and a chord bearing S16°23'57"E 35.36 feet, an arc
distance of 39.27 feet to a set 5/8 inch iron rod;
THENCE, 5.00 feet from and parallel to the southWest line of Lious Park,
S61°23'57"E 250.00 feet to the POINT OF BEGINNING and containing 0.0337 acres of
land, more or less.
NOTE:
Bearings are based on the Texas State Plane Coordinate System, South
Zone, NAD 1983.
Michael D. Stridde
Registered Professional Land Sur~7~..*..' ..~
Tex~ No 3589 YlCHA~[
Date
EXHIBIT A
UONS PARK
LOT 8A
KING SQUARE
ADDITION
LOCATION MAP
UONS PARK
WINDSOR PARK - UNIT FOUR
VOL 15. PO. 18
M.R.N.C,T.
P.O.B.
SET DRILL HOI.~ IN CONC.
/
/
/
/
I
/
/
/
/
~ /
/
/
/
1
/
/
/
/
/
~=go'o0'o0"
'R--25.00'
L"39.27'
CH=S16'23'57"E
0;0337 ACRE8 OUT OF
LION8 PARK
lll/l~OR PARK - ~ FOUR
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
.AI90'OO'O0"
/ R--,~O.O0'
L=47.12'
CH=N 16'25~57"W 42,4.5'
NOTE: S'c"r 5/8" INCH IRON ROD UNLESS INDICATEO OTHERWISE..
EXHIBIT B
9rpus
Chrtsti
DEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
MeArdle #18a,18b #6146 Mt Vernon
Right-of-Way Easement
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
The City of Corpus Christi, a municipal corporation duly incorporated under and by virtue of the
laws of the State of Texas, located at P.O. Box 9277, Corpus Christi, 78469, of the County of
Nueces, State of Texas, in consideration of the public benefit provided by right of way easements
hereby dedicates for the benefit of the public a right of way easement consisting of the free and
uninten-upted perpetual use, liberty, privilege, and easement of going in, on, over and along a certain
tract of land situated in Nueces County, Texas.
This dedication easement was authorized by ordinance of the City Council of the City of Corpus
Christi, Texas, duly adopted on November 19, 2002.
See the metes and bounds property description attached and incorporated as
"Exhibit A". (Premises)
A map showing the location of the RIGHT-OF-WAY EASEMENT is
attached and incorporated as "Exhibit B".
Together with the flee ingress, egress and regress to and for the City of Corpus Christi, Texas, and
its franchisees, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and
appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages and
all other vehicles and all other means of transportation necessary or convenient at all times and in
all seasons in, along and upon said Premises, as well as to lay, operate, inspect, replace, repair,
service and maintain public utility lines, storm sewers, and franchised utility lines in, on, over, under
and along said Premises.
TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of
Corpus Christi, Texas, its successors, legal representatives, franchisees and the public, for the proper
use as public streets and utility easements for so long as used for such purposes, and if the use for
said easements and rights of way is ever abandoned, then the aforesaid rights and privileges cease.
Right of Way Easement
H:\I4OM E\SHIRLEYT~G ElXgeasemen t\mcardle 18a 18b '02s #6146 -dedication~ CITY PARKS-Dan WithwortkRS - Mount Vernon Park - Unit 3.doc
Page 1 of 3
WITNESS MY HAND THIS THE DAY OF
CITY OF CORPUS CHRISTI
_,2002.
By:
Daniel L. Whitworth, Operations Director
Park and Recreation Department
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instmmem was acknowledged before me on ., 2002
by Daniel L. Whitworth as Operations Director of Park and Recreation Department of the City of
Corpus Christi, a municipal corporation, on behalf of said corporation.
Notary Public in and for the State of TEXAS
[Seal]
Accepted for the City of Corpus Christi, a municipal corporation and body politic under the laws of
the State of Texas, this the of ,2002.
GRANTEE
CITY OF CORPUS CHRISTI, TEXAS
P. O. Box 9277
City Hall, 1201 Leopard, TH1RD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469-9277
'Angel R. Escobar, P.E., Director
Department of the Engineering Services
Right of Way Easement
H:\HOME\SHIRLEYTXGEN~easement~mcardle 18a 18b '02s #6146 -dedication- CITY PARKS-Dan Withworth. RS - Mount Vernon Park - Unit 3.doc
Page 2 of 5
APPROVED AS TO LEGAL FORM, THIS DAY OF
JAMES R. BRAY, JR, CITY ATTORNEY
,2002.
Joseph Hamey
Assistant City A~omey
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instnmaent was acknowledged before me on ,2002
by 'Angel R. Escobar as Director of Engineering Services of the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public in and for the State of Texas
[Seal]
Right of Way Easement
H:\H OM E\S HIRLEY~i~G EN~easement\mcardle 18a 18b '02s g6146 <ledlcafion- CITY PARKS-Dan Withworth. RS - Mount Vernon Pa~k - Unit 3.doc
Page 3 of 3
.'
METES AND BOUNDS DESCRIPTION
OF 0.2428 ACRES OF LAND
BEING 0.2428 acres (10,576 square feet) of land, more or less, out of Mt. Vemon
Park, Mt. Vernon - Unit 3 as recorded in Volume 19, Page 84 of the Map Records of
lqueces County, Texas said 0.2428 acre tract being more particularly described as
follows;
BEGINNING at a set 5/8 inch iron rod in the southwest line of McArdle Road for
the east comer of the aforesaid Mt. Vernon Park;
THENCE, with the southeast line of Mt. Vernon Park, S28°36'03"W at 11.00 feet
a found 5/8 inch iron rod for the north comer of Lot 2A, Padre Staples Mall, as recorded
in Volume 52, Page 125 of the Map Records of Nueces County, Texas in all 12.43 feet to
a set 5/8 inch iron rod in the common southeast line of Mt. Vernon Park and northwest
line of said Lot 2A;
THENCE, leaving said common line, N64°06'54"W 461.52 feet to a set 5/8 inch
iron rod in the common southeast line of Holmes Drive and northwest line of Mt. Vernon
Park;
THENCE, with a non-tangent curve to the left, said curve having a central of
00°03'53'', a radius of 3,807.83 feet and a chord bearing N28°37'59"E 4.30 feet, an arc
distance of 4.30 feet to a set 5/8 inch iron rod;
THENCE, with a tangent curve to the right, said curve having a central angle of
90°00'00'', a radius of 30.00 feet an a chord bearing N73°36'03,'E 42.43 feet, an arc
distance of 47.12 feet to a set 5/8 inch iron rod in the common northeast line of Mt.
Vernon Park and southwest line of McArdle Road;
THENCE, with said common line, S61°23'57"E 431.00 feet to the POINT OF
BEGINNING and containing 0.2428 acres of land, more or less.
NOTE:
Bearings are based on the Texas State Plane Coordinate System, South
Zone, NAD 1983:
Michael D. Stridde *~,:'9' ~ ~'~',.; &PIX\ Date '
Registered Professional Land Survey~ :o.~...
Texas No. 3589
(361)289-1385 .
Right Of Way Easement
pH~\gHeO4MofE}SHIRLEYT~GEN~EASEMENT~mcardle 1Sa ISb '02s #6146-dedication-CITY PARKS-Dan Withworih.RS.do¢
EXHIBIT A
FND. LOT
$~0' I.R.-~/ PADRE SI'APLE~ MALL
FND. §/8"
SEE DETAIL
lOT 2.4
PADRE STAPLES
MALL
VOL, 52. PG. 125
M.R.N.C.T.
P.O.B. ~'~-'
DETAIL 'A" ~,(,~
R=3807.83'
CH=N28'57'59"E
MT. VERNON PARK
kiT. VERNON - UNIT
VOL. 19, PG. 84
M.R.N.C.T.
DETAIL "~"
DETAIL "B"
~=90'00'00
.R=30.O0'
~L=~-7.12'
CH=N75'36'OS"E 42.43'
NOTE: SET 5//8" IRON ROD AT ALL CORNERS
MT. VERNON PARK
MT. VERNnH.I licit
VOL. 19. PG. Right of Way Easement
MEI-GOVIND
H:~HOMEkSHIRLEYT~GEN\EASEMENT\mcard]¢ [Sa 18b '02s g6146 -dedication- CITY PARKS-Dan Withwor~h.P-.S doc
Pa~¢ 5 of 5
EXHIBIT B
23
CiTY COUNCIL
PRESENTATION MEMORANDUM
November 19, 2002
AGEN DA ITEM:
Presentation of 1st Quarter FY2002~2003 BudgetJPerformance Report
CITY STAFF PRESENTER:
Name
Mark L. McDaniel
Title
Director of Management and Budget
ISSUE:
The City of Corpus Christi completed the 1st Quarter of FY2002-2003 on October 31,
2002.
REQUIRED COUNCIL ACTION:
No formal action is required.
ark L. Mc'Daniel
irector of Management and Budget
NOTE: Documentation will be provided under a separate cover.
24
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: (Caption/Title of Presentation as it should appear on the
agenda)
LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) Fall Media Campaign on
Chemical Emergencies.
STAFF PRESENTER(S):
Name
Title/Position
Fire Chief
1. Juan J. Adame
2.
3.
Department
Fire
OUTSIDE PRESENTER(S):
Name
Title/Position
1. None
2.
Or.qanization
ISSUE: The Local Emergency Planning Committee has developed and is
currently implementing numerous statagies in educating the residence on Corpus
Christi and Nueces County on chemical emergencies. The campaign began with
a Media Summit where we briefed members of the local media on our fall media
campaign. This has been followed with news paper ads, television short
infomercials, radio PSAs, utility mail out of a brochure, distribution of information
packet to area schools.
REQUIRED COUNCIL ACTION: No Council action required, presentation
Only.
~__e~m ~ILI e a~ S~ignature)
Additional Background
Exhibits
LEPC FIVE-YEAR ROLLING PLAN TO REACH COASTAL BEND AREA
· PURPOSE
Develop a sustainable plan to reach beyond 1-37 to all citizens at regular intervals in the Coastal Bend so
they understand the concepts of a personal safety plan and where to get update emergency information.
· BASIC ASSUMPTIONS AND CONCEPTS OF PLAN
1. The plan should be sustainable within limited resources -- reach all citizens in the Coastal Bend area.
2. The 1-37 area is better informed with deeper knowledge because on the Community Advisory
Council(s) - local distribution campaigns and partnership with the schools.
3. Use Geographic zones (schools and zip codes) as a way to phase the plan over 5 years.
4. The components for the plan include:
+ Each LEPC reaches its County in zones defined by school areas - Nueces, San Patricio, & Kleberg
+ Partner with the schools - update/test their emergency response plans & survey students
+ Use the tabletop drill to demonstrate a simulated emergency - involves all principals
+ Distribute information to citizens - timely with multi-media campaign in the fall
+ Solicit sponsors for information distribution costs for each specific geographic focus
+ Utilize the CCFD Safety House trailer to supplement in Nueces County
+ Ask the Caller-Times to kick-off each information distribution and media to participate in each drill
5. The CC CAC helps with the information distribution(s) & participates in drill(s).
6. This five-year plan matches the needs of the Port Industries as the public education portion of RMP.
ROLLING FIVE-YEAR PLAN TO REACH NUECES AND KLEBERG COUNTIES
2002
February 28th Oak Park and Miller feeder schools Held a Full Scale Exercise
September 30'" Weldon Smith Inform 78411, 78412, 78413, & 78414 zip codes
Truck Incident King & Carroll High School and feeders Hold Tabletop drill - involve principals
Chlodne Any private schools in area Survey 5th Grade Students
2003
Event 1 Calallen Elementary School Inform 78407, 78408, 78409 & 78410 zip codes
Pipeline Incident All Calallen, Tuloso Midway, CClSD with Hold Tabletop drill o- involve principals
LP Gas Miller, London and an)/private schools Survey 5~h Grade Students
Event 2 CCISD Moody and Ray HS - all feeders Inform 78404, 78405, 78415, 78416, & 78417 zip codes
Rail Incident Ail West Oso and any private schools Hold Tabletop ddll - involve principals
Ammonia Survey 5~ Grade Students
2004
Event 1 Bishop schools Inform 78343 & 78363 zip codes
Plant Incident All Bishop and Driscoll schools Hold Tabletop drill - involve principals
Hydrogen F[uodde All Kin~]sville schools Survey 5m Grade Students
Event 2 Gibson Elementary and nearby schools Full Scale Exemise similar to February 28TM exercise
Refinery incident Inform 78407, 78408, 78409 & 78410 zip codes
Sulfur Dioxide Survey 5m Grade Students
2005
Event 1 P, obstown High School - and all feeders Inform 78330, 78339, 78351 & 78380 zip codes
Rail Incident All Aqua Dulce & Banquete schools Hold Tabletop ddll - involve principals
Ammonia An)/private schools Surve)/5th Grade Students
Event 2 CClSD School Inform 78411,78412, 78413, & 78414 zip codes
Plant Incident King and Carroll High School and feeders Hold Tabletop drill - involve principals
Chlorine An}' private schools in area Surve)/5~h Grade Students
2006
Event 1 Flour Bluff School - all feeders Inform 78373 & 78418 zip codes
Marine Incident All Port Aransas schools Hold Tabletop drill - involve principals
Petroleum Fire Any private schools Survey 5th Grade Students
Event 2 Moody, Miller, and Ray HS - all feeders inform 78404, 78405, 78415, 78416, & 78417 zip codes
Truck Incident All West Oso and any private schools Hold Tabletop drii]- involve principals
LP Gas Survey 5t~ Grade Students
· ROLLING FIVE-YEARS TO REACH SAN PATRICIO - INSERT PLAN
LEPC Risk Awareness 1
11/6/02
Den't~(gz arc, nd:
I
IN AN EMERGENCY...
Sholllll you
STAY or GO.:)
A Personal Safe~y Plan is
whatever it takes to keep
your family safe.
There are two basic choices:
To STAY and Shelter-In-Place,
or to GO and Evacuate if told
to do so by officials.
buzz around. Make your own
Personal Safety Plan now.
CALL Iii CLICK I:CB IIIFI
~d~.LL 361-980-3960 or
www.cclepc.org
Name:
A Chemical Emergency
PRE-TEST How to keep safe?
Directions: Please circle the correct answer:
l. Hazardous chemicals are located:
a. At refineries
b. At chemical plants
c. In homes
d. All of the above
2. On average, every home has how many gallons of hazardous chemicals on hand?
a. 0- 2 gallons
b. 2- 5 gallons
c. 5 - 10 gallons
d. None of the above
3. Combustible chemicals are ones that bum and explode?
True False
4. Corrosive chemicals make it hard to breathe?
True False
5. Your five senses can help you assess the dangers of chemical emergencies.
True False
6. One way to be prepared for a chemical emergency is to have a
personal safety plan.
True False
7. How much time are you on your own at the beginning of an emergency?
a. 0 - 5 minutes
b. 10- 15 minutes
c. 30 minutes
d. 45 minutes
LEPC PRE-TEST ! 9/30/02
8. In a chemical emergency, usually it is safest to stay where you are
and shelter in place.
True False
9. Which of the following items should not be in a emergency safety kit?
a. First aid kit
b. Your pet
c. Small container of water
d. Flashlight
10. To shelter in place does NOT mean?
a. Call 911
b. Close windows and doors
c. Go inside and stay inside
d. Turn off the air conditioner or heater
1 1. In case of a chemical emergency you should:
a. Call 911
b. Stay where you are and shelter in place
c. Go and evacuate
d.B orC
12. If asked to evacuate by emergency personnel be sure to:
a. Follow directions from officials
b. Take no short cuts
c. Drive straight to your destination
d. All of the above
13. It is okay to drive through a visible vapor cloud to escape
from a chemical emergency.
True False
14. To obtain information during a chemical emergency you should
a. Watch television
b. Listen to 89.5 FM Radio
c. Call 826-INFO (4636)
d. All of the above
LEPC PRE-TEST 2 9/30/02
Name:
A Chemical Emergency
POST-TEST How to keeo safe?
Directions: Please circle the correct answer:
1. Hazardous chemicals are located:
a. At refineries
b. At chemical plants
c. In homes
d. All of the above
2. On average, every home has how many gallons of hazardous chemicals on hand?
a. 0 - 2 gallons
b. 2 - 5 gallons
c. 5 - 10 gallons
d. None of the above
3. Combustible chemicals are ones that bum and explode?
True False
4. Corrosive chemicals make it hard to breathe?
True False
5. Your five senses can help you assess the dangers of chemical emergencies.
True False
6. One way to be prepared for a chemical emergency is to have a
personal safety plan.
True False
7. How much time are you on your own at the beginning of an emergency?
a. 0 - 5 minutes
b. 10 - 15 minutes
c. 30 minutes
d. 45 minutes
LEPC POST-TEST 1 9/30/02
8. In a chemical emergency, usually it is safest to stay where you are
and shelter in place.
True False
9. Which of the following items should not be in an emergency safety kit?
a. First aid kit
b. Your pet
c. Small container of water
d. Flashlight
10. To shelter in place does NOT mean?
a. Call 911
b. Close windows and doors
c. Go inside and stay inside
d. Turn off the air conditioner or heater
11. In case of a chemical emergency you should:
a. Call 911
b. Stay where you are and shelter in place
c. Go and evacuate
d. BorC
12. If asked to evacuate by emergency personnel be sure to:
a. Follow directions from officials
b. Take no short cuts
c. Drive straight to your destination
d. All of the above
13. It is okay to drive through a visible vapor cloud to escape
from a chemical emergency.
True False
14. To obtain information during a chemical emergency you should
a. Watch television
b. Listen to 89.5 FM Radio
c. Call 826-INFO (4636)
d. All of the above
LEPC POST-TEST 2 9/30/02
25
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: November 14, 2002
AGENDA ITEM: Presentation by TXDOT
CITY STAFF PRESENTER(S):
Name
Title DeptJDiv
OUTSIDE PRESENTER (S):
1. David B Casteel, P. E.
District Engineer
TXDOT
ISSUE: Mr. Casteel will update the Council on several projects, including Crosstown
Interchange, JFK Causeway, and SPID Congestion.
REQUIRED COUNCIL ACTION: None.
Ronald F. Massey
Assistant City Manager
26
CITY COUNCIL
AGENDA MEMORANDUM
DATE: November 14, 2002
AGENDA ITEM: Resolution adopting the City's Legislative Agenda for the 78th Texas
State Legislative Session, including Federal legislation.
ISSUE: The Texas Legislature meets for 140 days every two years, beginning in January
of odd-numbered years. In the October-December time frame prior to the beginning of
each legislative session, City staff brings a proposed Legislative Agenda to the Council for
consideration.
The Legislative Agenda is composed of a series of general statements together with
specific subject categories. Each of the subject categories is broken down into categories
of support ranging from priority issues (highest) through support to endorse (lowest).
This proposed Legislative Agenda also contains, for the first time, a list of federal legislative
issues.
We have discussed our legislative program with the other large cities in the State and with
the Texas Municipal League. We are in the process of discussing the program with our
legislative delegation.
REQUIRED COUNCIL ACTION: In order for the program to be actively pursued, the
Council must adopt the program as guidelines for our legislative efforts.
RECOMMENDATION: We solicit the Council's approval of the Legislative Agenda
presented.
es R. Bray
Attorney
W. Thomas Utter
Special Assistant to the City Manager
A RESOLUTION
ADOPTING THE crrY OF CORPUS CHRISTI'S LEGISLATIVE PROGRAM
FOR THE SEVENTY-EIGHTH SESSION OF THE TEXAS LEGISLATURE
AND FOR THE UNITED STATES CONGRESS.
WHEREAS, the 78th Texas Legislature convenes in January 2003; and
WHEREAS, the Texas Legislature and the United States Congress will consider
many measures that may affect the City of Corpus Christi; and
WHEREAS, it is necessary to provide guidance for City officers and representatives
in conducting the City's legislative efforts and relations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION '1. The City Council adopts the Legislative Program, which is attached to and
incorporated into this resolution.
SECTION 2. This Legislative Program remains in effect until amended by the City
Council.
SECTION 3. The City Manager is directed to distribute this Legislative Program to the
local legislative delegation and solicit their advice and support.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: //~-~ day of
Samuel L. Neal Jr.
Mayor
2002.
James . Bray Jr. !
City ~S~o~ney
CITY OF CORPUS CHRISTI
Legislative Program
78th Legislative Session
including Federal Legislation
November 19, 2002
INTRODUCTION
Prior to the commencement of each legislative session, the City of Corpus Christi staff,
working with input from the City Council, other local interests, Texas Municipal League, and
other cities, prepares a recommended legislative program for City Council consideration
and approval.
The legislative program, after consideration and approval by the City Council, is then
transmitted to our local legislative delegation and forms the basis for the City's activities
during the 140 days of the session. In each legislative session, the number of bills that are
introduced is massive. For example in 2001, 5,712 bills were introduced, over 1600
actually passed, with approximately 1,200 of the bills City-related, of which slightly more
than 150 passed. Unfortunately a large percentage of the efforts by cities are necessarily
directed at simply stopping bad pieces of legislation which would negatively affect cities.
Over the past few legislative sessions, the City of Corpus Christi, with the tremendous
support and action of our local legislative delegation, has had very good success in
not only stopping bad bills which would negatively impact us, but also in the passage of
legislation which very positively affects us. For example, in the 1999 legislative session,
a serious assault on cities' annexation powers was successfully defeated, while at the
same time, the City, through our local legislative delegation, was able to fund expansion
and renovation of the Convention Center, provide liability protection for our Latchkey
Program, acquired the official designation of the Museum of Science and History as the
Texas Maritime Repository, and funding of the local Estuary Program, among a number
of other issues.
In the last session (2001), the City had a number of wins. Legislation was passed that:
1) allows cities to use design build
2) allows creation of Fire Control and Prevention Districts
3) desalinated water was exempted from interbasin regulations
4) water development grants to cities allowable for desal efforts
In addition, virtually all harmful bills were defeated.
The upcoming 78th legislative session will undoubtedly consider many issues that are
detrimental to cities, and will be extremely complex because many of the long-term
committee chairmen chose not to run for reelection, and the State's financial position
appears bleak.
As in the past, the City anticipates working very closely with our local legislative delegation.
In addition, we will work with the Texas Municipal League as well as the very active
legislative lobbying group of the eight largest cities (this latter group meets once a week
during the legislative session with TML staff to coordinate action.) The following legislative
program is broken down into sections each representing a major part of municipal
government beginning with a general statement of policies and procedures.
A separate section of Federal legislation issues is included at the end of the program and
is considered to be a part of our overall legislative effort.
The communication of this legislative program is carried out on a day to day basis by the
Special Assistant to the City Manager, with substantial assistance from the City Attorney
and his staff under the general direction of the City Manager after approval of the program
by the City Council. The Mayor and City Council Members, as well as City staff including
the Police and Fire Chiefs, members of the City Attorney's Office, and departments heads
are called upon to testify in Austin and in Washington, on a case by case basis.
2
I. GENERAL POLICY AND PROCEDURES
a. The City will support legislation and administrative actions that:
1. Will protect and enhance City revenues.
2. Reduce costs to the City.
3. Provide for more local control.
4. Protect those policies previously established through the Charter, ordinances,
resolutions, and master plans.
5. Provide increased educational opportunities for the citizens of Corpus Christi
and the region.
b. The City will oppose legislation or administrative actions that:
1. Undermine the principle of home rule and local self-government.
2. Result in the loss of revenue growth to the City.
3. Diminish the authority of cities to regulate and manage their growth and
development.
4. Nullify or undermine the City's policies contained in existing provisions of the
Charter, ordinances, resolutions, and master plans, unless such changes
expand the City's ability to manage its own affairs.
5. Diminish any existing authority of cities.
6. Impose mandates that require any expenditure by the City unless all costs
of same, including administrative as well as direct out-of-pocket costs, are
fully reimbursed by the mandating government.
c. The City Council will determine the City position on all legislative issues.
d. The City's Boards, Commissions, and Advisory Groups may not represent in oral
testimony or in writing a position on proposed legislation or administrative action
unless that position is first approved by the City Council.
e. Positions on legislative or administrative matters originating outside of the City
Council, but within the City's governmental framework shall be submitted to the City
Manager for review prior to consideration by the City Council.
j=
The legislative or administrative positions herein approved, and others separately
approved by the City Council, shall be communicated to the legislative and
congressional delegations, to the Legislature and Congress, in general, and/or to
the appropriate legislative committees, committee members, and administrative
agencies or to others by members of the City Council, the City Manager, staff
persons, and consultants and others designated by the City Manager.
Where possible and where there is a commonality of interest, the City will coordinate
its legislative and administrative program with other political jurisdictions and provide
assistance to those political jurisdictions.
The city will support the legislative program of the Texas Municipal League, except
to the extent it conflicts with any policy herein.
It is recognized that this policy will often be implemented in the context of great
numbers of voluminous proposals being considered within short time periods. City
representatives, under the direction of the City Manager, shall be authorized to act
on behalf of the City consistent with the necessarily broad policy concerns set forth
in this policy.
In this policy, items are classified under three levels of importance, Priority, Actively
Support, and Endorse, as follows:
Priority means that the City will actively pursue and support (or oppose, as
specified) the policy including, if necessary, seeking introduction and
passage of legislation. This would include purely local Corpus Christi bills,
as well as very important legislation of statewide application.
Actively Support means the City will aggressively attempt to obtain passage
of a measure if it is introduced by some other entity (or actively oppose, as
specified).
Endorse means that the City will make its (support or opposition) known, but
will not actively pursue the issue.
4
II. FINANCIAL INTEGRITY
PRIORITY
a=
Franchise Fees. The City unalterably opposes any measure which would reduce
the City's existing franchise fees, the growth of those franchise fees, or its ability to
charge franchise fees, and any measure which would prevent the City from requiring
utilities to bear 100% of costs associated with relocations of utilities required by the
City or which would impair City regulation of use of rights-of-way. Franchise fees are
essential to continuation of basic services. A vote to reduce franchise fees would
be a vote to increase local ad valorem taxes or reduce basic local services such as
police, fire, roads, and parks, and would constitute a gift of public property for
private purposes. The City also advocates legislation which would effectively hold
the City harmless from any fluctuations in franchise fees.
b=
State Hotel Tax for Beach Maintenance. The City supports legislation which
would provide State hotel tax funding of 1% for beach maintenance.
Street Accessibility Improvements. The City supports legislation which would
authorize a street use fee or other funding source to construct facilities to enhance
disabled access.
d=
Clarification of Hotel Tax for Beaches. In 1999, the legislature authorized Corpus
Christi to use tax revenues from hotels previously subject to a county hotel
occupancy tax to clean and maintain public beaches in the municipality. The intent
was to use taxes from hotels in beach areas annexed for beaches. However, this
could be construed as only applying to existing hotels, which would be inequitable.
This needs to be changed.
ACTIVELY SUPPORT
Delinquent Ambulance Bill Collection. Allow delinquent ambulance bills to be
billed on a City's utility bill, to be paid out over time, not exceeding 10% of any
monthly bill.
f=
Liability Law. The City supports legislation to reduce potential liability of
municipalities and municipal employees for torts and other actions and opposes
legislation which would increase such liability.
g=
Prompt Payment Statute. The City opposes legislation increasing the
requirements of the prompt payment statute.
h=
Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity
provisions in public works contracts.
5
Mandated Fees. The City opposes legislation which would require a city to raise any
municipal fee and remit the revenue to the state, unless use of the monies would
be clearly dedicated for programs beneficial to the City.
Municipal Court Failure-to-Appear Fee. The City supports legislation that enables
a city to recover from municipal court defendants, who fail to appear as required by
citation or court process, the city's cost of collection and administration caused by
their failure to appear.
ENDORSE
Appraisal Appeals. The City supports legislation to allow cities to challenge the
appraisal or appeal of an appraisal of a specific property.
Municipal Court Costs. The City supports legislation which would consolidate all
State court costs collectible by municipal courts into one fee payable to the State,
and require that, in case of partial payments, a city and the state will split the
payments until both receive the proper amount of revenue. The City opposes
additional State or County fees or court costs on municipal courts.
m. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens.
6
III. ESSENTIAL INFRASTRUCTURE
PRIORITY
Water.
Protection of Water Rights. As its highest priority, the City supports
legislation to protect the City's water supply and water rights, and to enable
the City to expand its water supply and rights, and strongly opposes
legislation which would diminish or challenge such water supply or water
rights or the City's ability to expand such.
Desal Projects. The City supports legislation to provide special set-aside
funding for desalination programs and projects.
Free Market in Water. The City strongly supports legislation that would
remove barriers to a free market between willing sellers and buyers of water
and water rights, subject to applicable laws for protection of the environment,
and strongly opposes legislation that would create new barriers.
Packery Channel. The City strongly supports State assistance/legislation/efforts
to facilitate the North Padre Island Storm Damage and Governmental Restoration
Project.
ACTIVELY SUPPORT
Transportation.
Resources. The City strongly supports legislation assuring the equitable
allocation of transportation resources from the State.
Funding for Construction and Maintenance. The City supports legislation
that would increase the level and availability of state transportation funding
for construction and maintenance.
Streamlining: The City supports legislation that would streamline the Texas
Department of Transportation to make it more effective and efficient.
City Streets/Maintenance. Maintenance of City streets throughout the State is
chronically under funded. The City strongly supports legislation which would allow
cities to have additional local revenue sources specifically earmarked for street
maintenance.
Supply of Surplus Materials. In 2001, the State legislation authorized TxDOT to
provide surplus materials such as salvaged passing to cities. The City supports
continuation of this position.
7
IV. COMMUNITY PROTECTION AND DEVELOPMENT
PRIORITY
Development. The City strongly opposes legislation which would erode municipal
authority to regulate development for the public safety, health and welfare,
including, but not limited to, locations of manufactured housing, annexation,
condemnation, platting, zoning, extraterritorial jurisdictions and building and housing
codes.
bo
Marine Archeological Repository Funding. The City supports legislation which
at a minimum provides equitable funding to the City's Museum from any state
allocation of funds for marine archeological repositories.
Regulation of Location of Manufactured Housing. The City opposes legislation
that would erode the authority of cities to regulate the location of manufactured
housing.
Annexation Authority. The City opposes legislation that would erode current
annexation authority.
ACTIVELY SUPPORT
Affordable Housing. The City supports affordable housing initiatives which do not
undermine the City's regulatory authority to protect the public health, safety, and
welfare.
Building Codes. The City supports maintaining and expanding municipal authority
to select building codes and make local amendments as determined by local city
councils, and opposes legislation eroding such authority such as by mandating
adoption of particular codes.
Historic Courthouse Preservation. The City supports full State funding for
preservation of historic courthouses for which preservation is feasible.
Nuisance. The City supports legislation to strengthen municipal enforcement
authority with respect to nuisances.
Condemnation Authority. The City opposes legislation that would erode
condemnation authority.
Dune Protection. The City supports city administered dune protection within city
limits and cities' ETJ.
8
ENDORSE
Electrical Licensing. The City opposes legislation which would impose a statewide
electrical licensing law.
Alcoholic Beverage Regulation. The City supports legislation to protect and
strengthen city authority to regulate alcoholic beverage sales and consumptions.
Group Homes. The City supports legislation to protect and strengthen city authority
to regulate group homes.
V. CHILDREN AND YOUTH
PRIORITY
a=
Juvenile Crime. The City supports legislation to reduce crime and delinquency
among children and youth, to promote their development and well-being, and
continued funding of CYD programs.
lO
VI. EDUCATION
PRIORITY
Higher Education. The City supports legislation to advance and obtain sufficient
support for education in this area, especially legislation to enable Texas A&M
University-Corpus Christi to operate as a strong and viable four-year university,
including special item funding; and legislation to insure adequate funding for the
operation and programs of the Del Mar Junior College District, including Full
Formula Funding.
be
Support of Local School Districts. In general, the City supports the legislative
programs of local school districts leading to enhancement of educational
opportunities for citizens of Corpus Christi.
ACTIVELY SUPPORT
South Texas/Border Initiative. The City supports continued funding of the South
Texas/Border Initiative.
11
VII. PUBLIC SAFETY AND HEALTH
ho
PRIORITY
Fire Control and Prevention District. The City supports legislation permitting
1/8¢ over the 2¢ local Sales Tax cap for Fire Control and Prevention Districts.
Child Safety Registration Fee. The City supports legislation to amend current
law to increase the optional vehicle registration fee for child safety from $1.50 to
$3.00 and to allow cities to impose the fee.
CHIPS. The City strongly supports continuation and expansion of the Children's
Health Insurance Program and the simplification of enrollment and program
eligibility.
ACTIVELY SUPPORT
Pawnshops. The City supports legislation which would 1) require licensed
pawnshops to provide electronic access to local law enforcement agencies of all
pawn transactions, 2) and which would protect and strengthen cities' authority to
regulate pawnshops.
Liability Limit Outside of Jurisdiction. The City supports legislation that would
limit liability against City emergency service providers when requested to provide
service on an emergency basis in another jurisdiction.
Photographic Traffic Signal Enforcement: The City supports legislation that
would allow cities to effectively employ photographic traffic signal enforcement.
911 Emergency Service Systems. The City opposes legislation which would hinder
the City's operation of its 911 system, which would inequitably affect the Corpus
Christi area on 911 funding, or which would limit its ability to charge a fee for 911
services.
Crime and Fire Control and Prevention District. The City supports changing the
statute to use the City sales tax base for a City-created Crime or Fire Control and
Prevention district so that City sales taxes are administered consistently.
Animal Vaccinations at City Health Facilities. The City supports legislation that
would permit City employees to vaccinate animals at City animal shelter facilities.
12
ENDORSE
Community Service for Minors. The City supports legislation to eliminate the
requirement that mandatory community service imposed on a minor convicted of
certain alcohol or tobacco offenses be alcohol or tobacco-related.
Impoundment of Uninsured Vehicles. The City supports legislation to authorize
the impoundment of motor vehicles that are not covered by insurance.
Felony Forfeitures. The City opposes legislation which would detrimentally change
the existing felony forfeiture statute.
Peace Officers. The City opposes legislation to authorize additional entities to
employ and commission peace officers. The City opposes legislation that would
restrict its ability to maintain specialized peace officers outside the Police
Department and legislation applicable to the Police Department.
13
VIII. UTILITIES
PRIORITY
Electric Industry Deregulation. The City supports continued electric industry
deregulation legislation but only if it (1) fully preserves municipal authority over
rights-of-way or other public property and (2) fully preserves municipal authority to
impose a right-of-way fee that:
(a) equal to that received prior to competition (b) increases with growth; (c) ensures
that all citizens will benefit through lower rates; (d) assures that electric system
reliability and service quality will be maintained at standards equal to or better than
the reliability and service standards which exist today; (e) allows cities to serve as
aggregators; (f) provides checks and balances against concentration of market
power through takeovers, mergers, acquisitions, or other means; (g) protects the
ability of a municipally owned utility (MOU) to operate profitably, continues to
exempt MOU's from regulation by the Public Utility Commission, and protects the
financial integrity of any city; (h) holds a city harmless over time vis-a-vis revenue.
Electric Franchise Base Date. The City supports changing the electric franchise
tax base to 2001, indexed for inflation, and flexible rules for negotiating above the
base.
Right-of-Way Control. The City opposes legislation which would erode the authority
of cities to manage and control their rights-of-way and other public property.
ACTIVELY SUPPORT
Underground Facilities Notification. The City opposes legislation that would
amend the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid
by a facility operator, 2) levy a fee on an excavator, 3) raise the registration fee
unless the fee is determined on a more equitable basis, and 4) require mandatory
participation by cities as Class B operators,
Sections 401 and 404 Certifications. The City supports legislation that, with
regard to Sections 401 and 404 certifications (Clean Water Act), would prevent the
Texas Natural Resource Conservation Commission (TNRCC) from expanding the
scope of its activities beyond that required by law.
14
IX. ENVIRONMENT
PRIORITY
Air Quality. The City supports continued allocation of financial resources for near
non-attainment areas, which is essential for those communities striving to remain
within federal guidelines for air quality.
National Estuary Program. During the last legislative session, the City of Corpus
Christi actively supported State funding of the local National Estuary Program. It is
an important priority that the program continue to be funded, possibly at an elevated
level.
Regional Water Planning. The City supports continued funding of regional water
planning.
ACTIVELY SUPPORT
Parks and Recreation. The City supports additional funding for State grants to
cities for park acquisition and development.
Beach Cleaning. The City supports full State funding of the beach cleaning
program.
Oil Spill Response Program. The City supports continued and expanded State
support for the Oil Spill Response Program and the location of a major center in the
Corpus Christi area.
Drainage/Stormwater. The City opposes further unfunded mandates with respect
to drainage and stormwater, and supports increased State programs to assist in
solving such problems.
Solid Waste. The City supports legislation that would enhance its ability to maintain
adequate funding for the operation of its present and future landfills or that would
strengthen city authority over landfill operations, and the City opposes legislation
that would undermine adequate funding of city landfills, impose regulations more
stringent than federal law, or erode city authority over landfill operations.
Glass and Plastic Bottles. Several states have enacted State-wide container
deposit laws for both glass and plastic bottles. Such a deposit system would
substantially enhance lifter removal from public rights-of-way in the City of Corpus
Christi. The City supports a statewide deposit statute.
15
X. PERSONNEL
ACTIVELY SUPPORT
Emergency Response. The City opposes legislation which would erode current
municipal authority to establish standards relating to response of non-resident
employees to civil emergencies or which would in any other way, erode current
municipal options regarding residency policies.
Collective Bargaining Law. The City opposes legislation which would broaden
current law regarding adoption of collective bargaining.
State Fire and Police Civil Service. The City supports amending the State Fire and
Police Civil Service law to: (1) remove age limits for hiring; (2) permit rehiring of
certified personnel within 18 months of severance without going through the full
selection process; (3) clarify how many applicants are required for a promotional
test to be deemed competitive; and (4) clarify information to be placed in the
personnel file and the departmental file. The City supports amendments beneficial
to the efficient administration of the service, and opposes amendments detrimental
to the efficient administration of the service.
ENDORSE
Internal Investigations. The City opposes legislation which would create special
employment rights for any group of public employees who may be the subject of
internal investigations.
Mandated Job Protection. The City opposes legislation that would erode the
employment-at-will doctrine.
16
Xl. ECONOMIC DEVELOPMENT
PRIORITY
Military. The City supports continued funding and legislative support of the Texas
Strategic Military Planning Commission and other efforts to preserve existing military
bases in Texas..
b, Spaceport. The City supports efforts to procure the Spaceport for South Texas.
Insurance Rates. Local insurance rates for homeowners and automobile coverage
are some of the highest in the State. The City finds that these rates have a major
depressive influence on local economic development. The City supports State
legislation and/or other efforts to aggressively and innovatively reduce local rates.
Ballot Language for Economic Development Sales Tax. The City supports
amendment of Sections 4A and 4B of the Development Corporation Act to provide
greater local flexibility in presenting projects to the voters individually or combined.
ACTIVELY SUPPORT
Economic Development Authority. The City opposes legislation which would
erode municipal economic development authority.
f. Child Care. The City supports increased, sustained State funding for child care.
Texas Public Libraries. The City supports legislation that would increase support
of Texas public libraries through TexShare and the Library of Texas for improved
access to electronic information.
E-Commerce Taxation. The City supports a level playing field for all businesses
whether they are locally operating or operating through e-commerce. The City
opposes any system of taxation which restricts a local government's ability to collect
sales tax on commerce over the internet.
ENDORSE
Waiver of Agricultural Rebate. The City supports legislation which would allow a
city the option of waiving the payment of three years of recalculated property taxes
when agricultural land is converted to a different use.
Workforce Development. The City supports local control over employment
training programs, continuation of Smart Job training grants and the Skills
Development Fund, and State funding for adult literacy programs.
17
Xll. EFFICIENT ADMINISTRATION
PRIORITY
City Election Date Statute. The Texas Election Code permits Corpus Christi to
have its general election in April of odd-numbered years. This was done to avoid
conflict with Buccaneer Days. The State uniform election date in the spring remains
the first Saturday in May, which in odd-numbered years, conflicts with Buccaneer
Days. It is not explicitly stated in the Corpus Christi Statute that this date cannot be
used by the City, which could create a problem based on timing of a petition. If the
date were held to be available, it could result in a general city election the first
Saturday in April, a runoff the third Saturday in April, and a referendum election the
first Saturday in May. It should be clarified that the May date is not available.
Effective Tax Rate Calculation. The City supports legislation that would allow a
city to adjust its effective tax rate calculation to account for mandated (statutorily~
imposed) reductions in general fund revenue.
ACTIVELY SUPPORT
Sales Tax Exemption. The City opposes legislation that would enact a sales tax
exemption that isn't a local option exemption.
Property Tax Exemption. The City opposes legislation that would enact a property
tax exemption that would shift the burden to other taxpayers and that would be a
substantial erosion of the tax base.
Delinquent Sale Tax. The City opposes legislation that Wou d abolish the authority
of cities to sue for delinquent sales taxes or to join in an attorney general's suit.
Notification of Delinquent Amounts of Sales Taxes. The City opposes
legislation that would repeal the requirement that the comptroller notify cities of
delinquent amounts of sales taxes.
Rate Case and Complaint Dockets. The City supports legislation that would
establish the right of cities to recover expenses related to rate case and complaint
dockets within a reasonable time and require utilities to recover rate case expenses
out of stockholders' equity when a rate case is found to be unjustified.
Water or Wastewater Permittees Fees. The City opposes legislation that would
increase fees paid by water or wastewater permittees.
Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial
obligations outside of economic development.
18
ENDORSE
Open Meetings Act. The City supports legislation cleady exempting from the Open
Meetings Act attendance by a quorum at public community events, and clarifying
restrictions on meetings in less than a quorum. The City opposes making the Act
more restrictive.
Open Records Act. The City supports legislation which would clearly exempt from
disclosure information on utility facilities, pipelines, and other facilities which could
compromise security.
Collective Bargaining Executive Sessions. State collective bargaining law for
Fire and Police does not allow closed sessions on bargaining issues, except legal
matters. This is detrimental to sound bargaining, and should be eliminated.
19
FEDERAL LEGISLATION/ACTION
Packery Channel. The City strongly supports legislation/action to continue the
North Padre Island Storm Damage Reduction and Environmental Retention Project
to its completion.
CDBGIHOME Funding. The City has found Federal funding of the CDBG and
HOME Program to be essential to the continued wellbeing and revitalization of the
City. Therefore, the City strongly supports continued and increased funding for the
programs.
Diversion to State. The City supports direct Federal funding of programs to cities
and generally opposes funding to cities being routed through State government.
Homeland Security. Due to greatly increased costs of local security activities, the
City supports continued and increased direct Federal funding of homeland security
to cities.
Military. The city strongly supports legislation/funding/actions to maintain our local
areas' military facilities as one of the City's highest priorities.
Coordination with Local Agencies. Whenever possible and particularly where
there is a commonality of interest, the City will support local agencies or units such
as the County, RTA and the Port in their efforts to secure favorable legislation
and/or funding.
Protection of Right of Way Fees and Authority. The City strongly supports its
traditional authority to charge rental value to private companies for the use of
valuable public rights of way, and to reasonably regulate the rights of way for the
benefit of the public. The City strongly opposes any dilution of its traditional
authority.
2O
27
CITY COUNCIL
AGENDA MEMORANDUM
DATE: November 12, 2002
AGENDAITEM:
1. Resolution authorizing the City Manager or his designee to execute a Project
Cooperation Agreement with the Texas General Land Office for the renourishment of
Sunfish Island and McGee Beach.
2. Resolution authorizing the City Manager or his designee to execute a Reimbursement
Contract with the Coastal Bend Bays & Estuaries Program, Inc., in the amount of
$93,500, for the construction of a breakwater at and renourishment of Sunfish Island.
3. Ordinance appropriating $93,500 from the Coastal Bend Bays & Estuaries Program,
Inc., in the No. 1050 Federal/State Grants Fund for construction of a breakwater at and
renourishment of Sunfish Island; and declaring an emergency.
ISSUE: The General Land Office has conducted an alternatives analysis to determine the
most effective and efficient method to renourish both Sunfish Island and McGee Beach
using the dredged material and sand from the Corpus Christi Municipal Marina. The
General Land Office contracted URS, who has recommended certain areas surrounding
the marina and the gap of the marina be dredged for purposes of renourishing Sunfish
Island and McGee Beach. URS has also recommended the construction of a breakwater
along Sunfish Island to control future erosion. In order to proceed with the project, the City
of Corpus Christi has to enter into an agreement with the General Land Office.
RECOMMENDATION: Approval of the ordinance and two resolutions.
Dan Whitworth
Director of Parks & Recreation
Director of Engineering Services
GLO Contract No. 03-133 C
Coastal Project No. 1090
PROJECT COOPERATION AGREEMENT
FOR PROJECT DESCRIPTION AND FUNDING
BETWEEN
THE GENERAL LAND OFFICE
THE CITY OF CORPUS CHRISTI
FOR
SUNFISH ISLAND AND McGEE BEACH
THIS PROJECT COOPERATION AGREEMENT (thc "Agreement") is made and
entered into by and between the General Land Office (the "GLO") and the City of Corpus Christi
(the "Qualified Project Partner") pursuant to the Coastal Erosion Planning and Response Act (the
"Act"), Texas Natural Resources Code Ann. §§33.601-12 (Vernon 2001 & Supp. 2002).
WHEREAS, on the 23rd day of May, 2002, the GLO and the Qualified Project Partner
entered into a Project Cooperation Agreement For Evaluating Erosion Response Alternatives for
Sunfish Island and McGee Beach, denominated GLO Contract No. 02-446C, to assess the
feasibility, cost, and financing of different methods of avoiding, slowing, or remedying coastal
erosion for such location (the 'Alternatives Evaluation '); and
WHEREAS, upon completion of the Alternatives Evaluation, the GLO has determined
that beach nourishment is a viable option for addressing erosion on Sunfish Island and McGee
Beach, and has authorized funding fi.om the Coastal Erosion Response Account (thc "Account")
to finance such preferred alternative; and
WHEREAS, this Agreement and all attachments hereto (referred to collectively as the
"Agreement") shall set forth the terms and conditions under which an erosion response project
will be completed and fimded;
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this Agreement and hereby agree as follows:
GLO Contract No. 03-133 C
Page I of 5
I. EROSION RESPONSE PROJECT.
1.01. PROJECT DESCRIPTION. The parties agree to cooperatively address the erosion
problem(s) on Sunfish Island and McGee Beach, located in Corpus Christi Bay in Nueces
County, Texas as depicted on the area map attached hereto as Attachment A, by dredging certain
areas surrounding the Corpus Christi Marina and by conducting beach nourishment for McGee
Beach consisting of approximately 500 feet of beach and beach nourishment for Sunfish Island
of approximately three (3) acres of beach and 400 feet of breakwaters.
1.02. TASKS. The parties shall complete the Project in accordance with the Project Work
Plan, attached hereto as Attachment B and incorporated herein for all purposes.
1.03. PROJECT BUDGET. The parties agree that all expenses associated with the
performance of this Agreement will not exceed the sum of Two Million Sixty-two Thousand
Three Hundred Fifty-six and 40/100 Dollars ($2,062,356.40) and will be paid in accordance with
the Budget attached hereto and incorporated herein by reference as Attachment C. In the event
the parties agree that additional tasks and/or funds are required for the completion of the Project, the
parties shall execute an amendment to this Agreement.
H. TERM.
2.01. DURATION. This Agreement shall be effective on the date the last party executes this
Agreement, and shall terminate on August 31, 2003, unless extended by mutual agreement.
2.02. EARLY TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice.
2.03. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written
notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify
tmheediQatUoa~fia~dc~aJb~;t,~P,~a~n~ ~T ~d~,,..fi~, .'sh. the_ ~.Qu.alified Pro!ect Partner with the names of three
,~, tv m~ us~u. wmnn ten rio) clays of sucl~ notice, the Qualified Project Partner
shall select a mediator fi~orn the list provided by the GLO and notify the GLO. The mediation shall
occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the
mediator with a statement of issues to be mediated, along with any other information/releases
required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute
resolution shall be conducted in ·
accordance w~th Chapter 2260 of the Texas Government Code.
IlL FUNDING.
3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least
15% of the shared project costs as set forth in this Agreement (the "Partner Match") and may be
subject to a Partner Match exceeding this minimum amount. The Qualified Project Partner
GLO Contract No. 03-133 C
Page 2 of 5
acknowledges that no costs incurred by the Qualified Project Partner before entering into
this Agreement or not in accordance with the Attachment B can be used to offset the
Partner Match.
b. For an in-kind Partner Match, valuing and accounting determinations should be
provided to the GLO within thirty (30) days of execution of this Agreement, and include a
description of the Partner Match, how it is to be provided, and a timeline for providing it over the
course of the Agreement. All in-kind Partner Match determinations are subject to the review and
approval of the GLO. All in-kind Partner Match requirements must be accounted for before the
expiration of this Agreement.
c. For a cash Partner Match, the full mount is due within ninety (90) days of the
execution of this Agreement. This match contribution should be submitted to the following:
Texas General Land Office
Coastal Erosion Planning and Response Act (CEPRA)-MATCH
Mail Code 127
P.O. Box 12873
Austin, TX 78711-2873
Attn: Dianna Gordon
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work
cooperatively to investigate and secure funding from sources other than the Account. Alternative
sources of funding acquired by the Qualified Project Partner after the execution of this
Agreement may be used to meet the Partner Match.
3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf
of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. ~I of the State
Constitution. In compliance with Sec. 6, Art. VIII of the Constitution, it is understood that all
obligations of the State hereunder are subject to the availability of State funds. If such funds are not
appropriated or become unavailable, this Contract may be temainated. In that event, the parties shall
be discharged from further obligations, subject to the equitable settlement of their respective
interests accrued up to the date of termination.
3.04. AUDIT. The GLO reserves the fight to audit any Qualified Project Partner account related
to the subject project and to verify any expense item submitted for reimbursement by the Qualified
Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and
all pertinent records, files, information, and other written materials pertaining to the expenditure of
funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further
agrees to maintain, keep, and preserve at its principal office all such records, and all other records
associated with this Agreement, for a period of four years following the completion or termination
of this Agreement and to make the same available to the GLO or other agencies of the state or
federal government for purposes of audit.
GLO Contract No. 03-133 C
Page 3 of 5
IV. MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written herein are
thc rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, all of which shall apply to thc performance
of thc services hereunder.
4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and
the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project Partner
acknowledges that it will reimburse the Account for any costs to the erosion response project,
whether in the form of increased project costs or decreased benefits, resulting from any action or
activity which has occurred or is occurring that is not in compliance with the relevant local
beach/dune plan(s).
4.03. POINTS OF CONTACT.
a. The GLO's point of contact for this Agreement shall be:
Dr. Juan Moya, Project Manager
Texas General Land Office
Resource Management Program Area
1700 North Congress Avenue
Austin, TX 78701
(512) 475-3735
(512) 475-0680 - fax
b. The Qualified Project Partner's point of contact for this Agreement shall be:
Angel Escobar, City Engineer
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
(361) 844-1785
(361) 880-3230 - fax
4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall
be deemed delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the point of contact for the GLO or the Qualified Project
Partner at the address set forth in Section 4.03 of this Agreement.
GLO Contract No. 03-133 C
Page 4 of 5
4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immnnity by the GLO.
4.06. SEVERANCE. Should any one or more provisions of this Agreement be held to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
4.07. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent written modification signed by both parties.
GENERAL LAND OFFICE
CITY OF CORPUS CHRISTI
Larry R. Soward, Chief Clerk/
Deputy Land Commissioner
Date of execution:
S.A.
Salne:
Title:
Date of execution:
GLO Contract No. 03o133 C
Page 5 of 5
ATTACHMENT A
PROJECT AREA MAP
ATTACHMENT A
~GLO Contract No.
Page 1 of 1
03-133 C
Location of Sunfish Island and McGee Beach in Corpus Christi Bay.
ATTACHMENT B
PROJECT WORK PLAN
ATTACHMENT B
GLO Contract No. 03-133 C
Page 1 of 1
SUNFISH ISLAND AND MCGEE BEACH SHORELINE PROTECTION AND
BEACH NOURISHMENT CEPRA PROJECT No. 1090
BIDDING/CONSTRUCTION WORK PLAN
1. To address erosion at Sunfish Island and McGee Beach, the GLO shall:
a. Identify, document, and confer with the Qualified Project Parmer, the exact
location and extent of the project site.
b. Confirm with the Qualified Project Partner, the preferred alternative(s) for
erosion response at the project site.
c. Contract with a professional services provider to:
- document existing conditions/applications;
review and summarize historical data and engineering studies;
collect data and conduct surveying as required;
verify that all permit requirements have been met;
verify construction drawings and final design;
estimate construction costs;
provide plans, specifications and bid package;
provide bid assistance;
perform construct/on management, and
determine post-project monitoring program.
d. Procure construction contractor through the competitive bidding process for
construction services.
e. Estimate total project costs and cost-sharing requirements.
f. Provide financial point of contact.
2. To address erosion at Sunfish Island and McGee Beach, the Qualified Project Partner
shall:
a. Confer and cooperate with the GLO, the exact location and extent of the
project area.
b. Confer and cooperate with the GLO on the selection of the professional
service provider, scopes of work, preferred alternatives and construct/on plan.
c. Confer and cooperate with the GLO with procuring a construction contractor.
d. Identify, document, and coordinate with the GLO any in-kind services that
will count toward the cost-sharing requirement under this Agreement:
labor;
contractual;
volunteers;
equipment; and
supplies.
e. Document local support (local associations, foundations, and others).
f. Provide data from local appraisal districts and taxing entities as needed.
g. Provide financial point of contact.
ATTACHMENT C
PROJECT BUDJECT
BUDGET
SUNFISH ISLAND SHORELINE
PROTECTION AND BEACH NOURISHMENT
CEPRA PROJECT No. 1090
PROJECT COSTS
OONTRAC~IUAL - . , $2,110,492.401
Task 1. Conm~,~tl~ and C _.,...t,-,~i~,,, Over&~'..~. of g~ ['m.~.~~''~'ve' I AMOUN l' -~
TAL PROJECT COST NOT TO EXOr.l~i) [ S ~.,l10,~P~.40 {
COST SHARING SUMMARY
,UALIi~'J~u pROJ'tiCT PAR.TN]SR (QPP): 2~ .4 % of wsal project uosts
qPP Cash C,~m~i*m,~t ~ $93,~00.00
Qpp In-kind Ce~miml~ ~
CEI'~'a TO~A.L COHI'RIBIITIOI~I
TOTAL PRO.CT CONTI~Bu'riONS
Sent By: CBBEP;
Coastal Bend Bays & Estuaries Program, Inc.
1305 N. 8hm'~a~, Suitc 20~, CIwpu~ Christi, '1¥.1~ 78451 · ~61 88~e~-6~12 , ~61-885-78Q1 (fax)
November 7. 2002
The Honorable Lloyd Neal
City of Coq)us Christi
1201 Leopard Street
Carpus Christi, Texas 78401
Re: CEPI~.A Project - Sunfish Island, Corpus Christi Marina
Dear Mayor Neal:
The Coastal Bend Bays & Esluafies Program (CBBEP) supports the implementation of coaeta~
erosion projecls to protect and restore colonial waterblrd habitat, including rooke~j islands.
Rookery islands are an important component of the coastal bend em~ironment. The City of
Corpus Christi has pednered with the TGLO Coastal Erosion Protection Program to imptem~n!
a ~oject that will protect existing habitat end red,lore lost habitat on Sunfish Island.
C6BEP is in support of the project and previously comnfitted $31,500.0~ to the initial phase of
the project (a Iternatlves analysis a nd eogineeriog), Ha~ing euc~'ssfully c;ompleled the initiaj
phase o1' the project, the CBBEP is pleased to now commit an additional $93,500,00 to be used
as the local match for CEPRA funds ~owa~s the Construction Phase of ~e project. The
CB~EP'$ tote[ contdbulton to this iml3ortanl project is $125,000.
We appreciate your efforts in the implementation of coaslal Drojects that protect the valuable
resources along Ihe Texas Coast.
Ray Allen
Executive Direotor
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROJECT COOPERATION AGREEMENT WITH THE
TEXAS GENERAL LAND OFFICE FOR THE RENOURISHMENT OF
SUNFISHISLAND AND MCGEE BEACH
WHEREAS, the Texas General Land Office had an alternatives analysis conducted and
determined that it was feasible to renourish Sunfish Island and McGee Beach; and
WHEREAS, the Texas General Land Office has proposed a project cooperation
agreement to the City that will provide for the renourishment of Sunfish Island and
McGee Beach under a cost sharing agreement; and
WHEREAS, the Coastal Bend Bays & Estuaries Program has agreed to help fund the
portion of the project that will renourish Sunfish Island; and
WHEREAS, the Texas General Land Office will manage the project and has budgeted
$2,062,356.40 toward the effort; and
WHEREAS, the Texas General Land Office, using funds provided under the Coastal
Erosion Planning and Response Act, will provide 78.1% of the costs of the project
($1,610,636.00); and
WHEREAS, the 21.9% of the costs of the project ($451,720.40), which is the City's
share, as the Qualified Project Partner, can be provided through an in-kind contribution
of the sand and dredge materials valued at $358,220.40 and a cash commitment of
$93,500; and
WHEREAS, the cash commitment will be provided to the City by the Coastal Bend Bays
& Estuaries program through a reimbursement agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a project
cooperation agreement with the Texas General Land Office for the renourishment of
Sunfish Island and McGee Beach.
SECTION 2. The City Manager, or his designee, is authorized to make sand and
dredge materials from portions of Corpus Christi Bay, which have been patented to the
City, available to the Texas General Land Office for use in the renourishment of Sunfish
Island and McGee Beach.
SECTION 3. The City Manager or his designee is authorized to make editorial and non-
substantive modifications and execute amendments to the interlocal cooperation
agreement without the further approval of the City Council that do not require the
appropriation of additional funds or exceed the City Manager's authority to amend
R24060A1 .doc
2
contracts, including, but not limited to, time extensions, modifications to schedule,
modifications in scope of work, and any changes dictated by entities providing grant
funding for the project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 15t~ day of November, 2002.
James R. Bray Jr.
City Attorney
By:
R./d'a~:[eining/
Firs~Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24060A1 .doc
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A REIMBURSEMENT CONTRACT WITH THE COASTAL
BEND BAYS & ESTUARIES PROGRAM, INC., IN THE AMOUNT OF
$93,500, FOR THE CONSTRUCTION OF A BREAKWATER AT AND
RENOURISHMENT OF SUNFISH ISLAND
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute a
reimbursement contract with the Coastal Bend Bays & Estuaries Program, Inc., in the
amount of $93,500, for the construction of a breakwater at and renourishment of
Sunfish Island.
SECTION 2. The City Manager or his designee is authorized to make editorial and non-
substantive modifications and execute amendments to the interlocal cooperation
agreement without the further approval of the City Council that do not require the
appropriation of additional funds or exceed the City Manager's authority to amend
contracts, including, but not limited to, time extensions, modifications to schedule,
modifications in scope of work, and any changes dictated by entities providing grant
funding for the project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 15th day of November, 2002.
James R, Bray Jr.
City Attorney_
R. Jxa'y]{eining/
Fir{t Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24060B1 .doc
ORDINANCE
APPROPRIATING $93,500 FROM THE COASTAL BEND BAYS &
ESTUARIES PROGRAM, INC., IN THE NO. '1050 FEDERAL/STATE
GRANTS FUND FOR CONSTRUCTION OF A BREAKWATER AT AND
RENOURISHMENT OF SUNFISH ISLAND; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION '1. That $93,500 from the Coastal Bend Bays & Estuaries Program, Inc., is
appropriated in the No. 1050 Federal/State Grants Fund for the construction of a
breakwater at and renourishment of Sunfish Island.
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 on this the __ day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This 15th day of November, 2002:
James R. Bray, Jr.
City Attorney
By: //--~/ ,7
R. ,l~y~,eining /
First Assistant City Attorney
R24060Cl .doc
28
AGENDA MEMORANDUM
November 19, 2002
SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416)
Award of Contract for Biological Monitoring Services
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a
contract with the University of Texas Marine Sciences Institute, in an amount not to exceed
$165,748 for biological monitoring services associated with the Rincon Bayou Diversion
Project.
ISSUE: The Texas Natural Resource Conservation Commission (TNRCC) requires
biological monitoring to evaluating the effects ofthe Rincon Bayou Diversion Project. The
monitoring will result in the data necessary to permit a determination of the project impact
on primary production, phytoplankton biomass, species abundance and diversity and
emergent marsh vegetation in the project area and nearby marshlands.
FUNDING:
of the Water De
Eduardo Garafia,
Water Superintendent
Funds for these contracts are available in the Environmental Studies activities
~artment's FY2002-03 adopted Operating Budget.
'ION: Approval of the motion as presented.
~,~'~_ Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Background/Summary of Contracts
Prior Council Action
Location Map
Page 1 of 1
H:\HOM E\KEVINS\G E N\WATE R\RINCON\YEAR2\^AWARDM EMO.DOC
Background/Summary of Contract
SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416)
Award of Contract for Biological Monitoring Services
PRIOR COUNCIL ACTION: See Exhibit B.
FUTURE COUNCIL ACTIONS: Council will be requested to approve amendments to
address future the biological monitoring for the Rincon Diversion project. The City has
worked closely with the Texas Commission for Environmental Quality (TCEQ) to develop
a unified monitoring work program for the Rincon Diversion Project. The frequency and
amount of future amendments will be based on the requirements of the Rincon Monitoring,
and the level of monitoring required by Allison project, as determined by an annual
assessment.
PROJECT TASKS:
The following monitoring will be performed:
· Primary production and phytoplankton biomass (chlorophyll a) in marsh ponds and
channels will be measured and correlated with measured water column parameters.
· Biomass, species abundance and diversity of benthic infauna will be determined and
compared to relevant changes in water quality.
· Species composition, percent cover and plant canopy structure of emergent marsh
vegetation in Nueces Marsh will be quantified in relation to soil pore water salinity, soil
moisture and inorganic nitrogen levels (NH4+ and NO3- + NO2') to assess changes in
macrephyte primary production due to freshwater diversion and natural water cycle
variations.
The University of Texas Marine Science Institute will deliver an annual written report by
December 31, 2003. Each chapter will be based on the three tasks:
· Hydrography, Nutrients and Phytoplankton (Villareal);
· Benthos (Montagna); and
· Emergent Vegetation (Dunton).
Each chapter will incorporate the results of the current year with that of prior year data.
Temporal and spatial comparisons that display significant correlations or patterns among
various parameters will be presented in graphic or tabular format. Comparisons with past
studies and other neighboring studies will be made where data exist. These annual reports
will be technical reports of the UT Marine Science Institute and will be submitted to the
City.
H:\H OM E\KEVI NS\G E N\WATER\RINCON\YEARI\^AWDB KGExhibitA.doc
EXHIBIT A ]
Page 1 of 2
PROJECT OVERVIEW:
Backqround: The City's overall strategy for long-term water supply includes the
optimization of the existing freshwater resoumes in the Nueces River Basin. The
current operating plan for the Choke Canyon/Lake Corpus Christi reservoir system
includes requirements to provide freshwater inflow to the Nueces Estuary that
diminish the dependable water supply for the region. The City completed a two-
phased planning study that recommended the potential beneficial re-use of
wastewater effluents as a means of enhancing the productivity of the Nueces
Estuary that may alleviate part of the need to provide fresh water from the reservoir
system.
Monitoring: The biological and chemical evaluations being conducted will
document the effects of the wastewater effluent and freshwater diversions to the
Rincon Delta and Nueces Bay. The TCEQ requires that the effects of the discharge
of the Project be monitored for productivity by measuring changes in biomass and
growth rates of plant and animal communities in the Project area and nearby
wetlands.
CONSULTANTS INFORMATION: UTMSI has conducted similar on-going biological and
chemical monitoring in the Project area for the City or other agencies, such as the Corpus
Christi Port Authority. As a result, UTMSI is singularly qualified to continue the provide
monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance
with the parameters established by the City and the TCEQ. The review and integration of
the various studies will be the responsibility of Alan Plummer Associates. That contract
provided the development of the unified monitoring program for the Rincon Diversion with
TCEQ.
TERM: UTMSI performed monitoring services beginning October 1, 2002 through
September 30, 2003.
FEES: The City will pay UT a fixed fee not to exceed $165,748 for providing all services.
This fee will be full and total compensation for all services provided and expenses incurred.
H:\HO ME\KEVI N S\G E N\WATE R\RINCONWEAR l\^AWDBKGExhibiL~,.doc
EXHIBITA 1
Page 2 of 2
PRIOR COUNCIL ACTIONS
1.
April, 1991 and April 1992. Approval of participation with the Port Authority, Corpus
Christi Board of Trade, and the Texas Water Development Board (including partial
funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in
April, 1991 ($25,000 of $150,000) and Phase II in April, 1992 ($79,000 of
$258,000).
January, 1994. Approval of the Capital Improvement Program which included an
Effluent Return Flows Pilot Project to evaluate the potential for meeting the
requirement for water releases into the Bay Estuaries using wastewater diversion in
lieu of freshwater releases.
March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture
of Urban Engineering and Govind & Associates for engineering services associated
with the construction of an Effluent Diversion Demonstration Project (M94-051).
4. September 26, 1995. Acceptance of an easement for a 28.109 acre effluent
diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary
construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion
Demonstration Project in return for the construction of a 2.5 inch water pipeline
valued at $48,500 for livestock watering purposes (M95-284).
5. October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad
Blucher Institute and the Center for Coastal Studies at Texas A&M University -
Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332)
6. November 19, 1996. Award of a contract for consulting services with the Marine
Sciences Institute of the University of Texas at Austin for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production in
the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348).
7. April 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John
S. McGregor for access over a 20-foot wide road for the purpose of constructing and
operating a dispersal facility (M97-73).
8. April 8, 1998. Award of contract in the amount of $825,621 with West Oaks
Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent
Diversion Demonstration Project.
November 24, 1998. Award of contracts for consulting services:
a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon
Delta and Nueces Bay (M98-398);
I Exhibit BI
Page 1 of 3
10.
11.
12.
13.
in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and
in the amount of $84,500 with the University of Texas Marine Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M98-400).
September 28, 1999. Award of Amendment No. 1 for consulting services:
a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the
Rincon Delta and Nueces Bay (M99-337);
b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and
c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M99-339).
October 10, 2000.
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Center for Coastal Studies in the
amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater
Diversions in the Rincon Delta and Nueces Bay (M2000-360).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $86,286 for On-Going Salinity Monitoring in the Rincon Delta and Nueces
Bay (M2000-361).
c. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the University of Texas Marine Sciences
Institute in the amount of $110,953! for Biological Monitoring of the Effects of
Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon
Delta and Nueces Bay (M2000-362).
Motion authorizing the City Manager, or his designee, to execute a contract for
consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the
amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas
Natural Resource Conservation Commission discharge permit related to the
Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363).
March 13, 2001 - Motion authorizing the City Manager, or his designee, to execute
an engineering services contract in the amount of $40,000 with HDR Engineering for
services related to the Re-Opening of the Rincon Overflow Channel and the
construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price
to be negotiated (M2001-106).
J Exhibit B J
Page 2 of 3
14.
15.
16.
17.
July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $74,300 with Gallager Construction for the
Rincon Diversion Project - Nueces Overflow Channel (M2001-273).
October 23, 2001 - Motion authorizing the City Manager, or his designee, to
execute a consulting contract in the amount of $104,500 with Alan Plummer
Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and
Report Integration Services (Rincon Bayou Diversions) (M2001-402).
November 13,2001 -
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Center for Coastal Studies in the
amount of $71,170 for Ecological/Biological Monitoring of Treated VVastewater
Diversions in the Rincon Delta and Nueces Bay (M2001-421).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and
Nueces Bay (M2001-422).
d. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the University of Texas Marine
Sciences Institute in the amount of $173,664 for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production
in the Rincon Delta and Nueces Bay (M2001-423).
June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute
a contract and to ratify services provided by the University of Texas Marine
Sciences Institute, in an amount not to exceed $118,192 for biological monitoring
services associated with the Rincon Bayou Diversion Project (M2002-179).
Exhibit B J
Page 3 of 3
File : ~Mproject\councilexhibits\exh,8579&8416dwg.
N
IH
R.[NCON BAYOU
PROJECT LOCATION
RIVER
F./~. 62,
r
'/VU~c~S
LOCATION MAP
NOT TO SCALE
CITY PROJECT NO.837g & 8416
EXHIBIT "C"
RINCON BAYOU DIVERSION PROUECT
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 11 - 19-2002
CITY OF CORPUS CHRISTI
RINCON BAYOU DIVERSION PROJECT -
BIOLOGICAL MONITORING YEAR 2:2002-2003
CONTRACT FOR SERVICES
The City of Corpus Christi, Texas, hereinafter celled "City", and The University of Texas at Austin, on
~ehaif of the Marine Sciences Institute, hereinafter collectively celled "UT" hereby agree to the following
amendment of the original contract approved June 25, 200.2 (M2002-179) as follows:
Section II, Scope of Services, Paragraph B is amended to read:
B. RESEARCH PLAN AND METHOD. S
The specific research plan and methods mr 2002-2003 are set forth in the Research Contract Proposal
incorporated as Exhibit A of this amendment.
Section II, Scope of Services, Paragraph C, the first sentence is amended to read: C. PRODUCTS
UT will deliver an annual written report by December 31,2003.
Section II, Scope of Services, Paragraph D is amended to read: D. ORDER OF SERVICES
The monitoring period will be for 12 months, from October 1, 2002 through September 30, 2003.
Section III, Fees Authorized, is amended.to read:
III. FEES AUTHORIZED
The City~ a total fixed fee amount not to exceed $165,748 for Amendment No. 1. This fee will be
full and total compensation for all services provided and expenses incurred in performing the tasks specified
in Section I1. The restated total contract fee for the original contract as amended is not to exceed $283,940
for providing all services. This fee consists of the original contract fee in the amount $118,192 and a fee for
Amendment No. I in the amount of $165,748.
Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more
frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter
summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices
will be sequentially numbered for each project, state the project name (Rincon Bayou Diversion Project -
Biologicel Monitoring - Year 2), and City project number (8443). The letter shall state the number of the
current invoice, the total authorized fee, the amount previously invoiced, and the current amount due.
Statements will be based upon percent of project completed. However, a final payment of $3,500 will be
retained until delivery of the final report.
All other terms and conditions of the June 25, 2002 contract between the City and Engineer, and of any
amendments to that contract,.which are not specifically addressed herein shall remain in full force and effect.
THE UNIVERSITY OF TEXAS AT AUSTIN
on behalf of
THE MARINE SCIENCE INSTITUTE.
CiTY OF CORPUS CHRISTI .~ /~// {}CT 2 2 2002
By: Date ~Vayne~K. ~uenstler uate
Ronald F. Massey
Assistant City Manager
ATTEST:
APPROVED AS TO FORM:
City Secretary Date Assistant City Attorney
H:\HOMEtKEVINS\GEN\WATER\RINCONWear2\LFFMSIYr2'AE'd°c
Page 1 of I
Date
.. 00T-0~-2002 NED 12:03 Pil OSP FAX NO, 4718584 P, 02/02
TO:
COST:
PERIOD:
PROPOSAL #:
FROM:
PRINCIPAL
INVESTIOATOR:
CO-PIs:
DATE:
APPROVED:
RESEARCH CONTRACT PROPOSALI
Mr. Kevin Stowers, Contracts/Funds Administrator
CiOd of Corpus Christi
En§inecring/Director's Office, 3a Floor
1201 Leopard Stree[, Corpus Chr/sti, TX 78401
Telephone: (361) 880-3506, Fax: 060 880-3501
RINCON BAYOU DIVEI~ION PROJECT,
BIOLOGICAL MONITORING, YEAR 2::1002 - :1003
$165,748
I October 2002 - 30 September 2003
UTM$12660-0201/2
'['he Universiq; of Texas at Austin
Marine Science ln~itute
750 Channel View Drive
Port Aransas, Texas 78373
Fax: (361) 749-6777
Kenneth H, Dunton, Ph.D.
Telephone: (361) 749-6744, e-mail: dunton@utmsi,utexas,¢du
Paul A. Montagna, Ph.D.
Telephone: (361) 749,6779, e-mail: paul(~)ulmsi.utexas.cdu
Tracy A. Villareal, Ph.D.
Telephone: 06I) 749-6732, e-mai{: lraey(~utmsi.utexa,q.edu
23 September 2002
~ayne Date: SEP 2 6
K. Kuonsller, Director, Offie~ of Spons0rod Projects
Tho Uuiversity of Taxas at Austin
Main Bldg., Room 303, Campus Drive, Austin, TX 78705
OR: P. O. Box 7726, Austin, TX 78712-7726
Telephone: (512) 471-6424, e-mail:
Exhibit A
Pagelof13 [
RINCON BAYOU DIVERSION PROJECT -
BIOLOGICAL MONITORING YEAR 2:2002 - 2003
STATEMENT OF WORK
1. SUMMARY
In South Texas, low annual rainfall and hot, dry summers coupled with harnessing of
fiver water to support growing municipal, agricultural and industrial needs have substantially
reduced freshwater inflow into the Nueces Estuary. Low freshwater inflow produces hypersaline
waters and soils that are diluted only through direct precipitation or by flooding of the Nueces
River during extreme hydrographic events, such as the passing of a tropical storm or hurricane
(Texas Department of Water Resources, 1982; Bureau of Reclamation, 2000). Hypersaline
conditions compromise productivity of phytoplankton, benthos (bottom dwelling organisms) and
emergent vegetation, eventually impacting productivity at higher trophic levels including finfish
and shellfish. A previous demonstration project conducted by the Bureau of Reclamation (BOR)
suggested that freshwater additions to the upper reaches of the Nueces Marsh had positive
impacts. Diversion through the marshiands decreased soil and water column salinity, improved
habitat quality and availability and increased produclivity of some estuarine species (BOR,
2000).
The City of Corpus Christi (City) will undertake a monitoring program in Rincon Bayou
to measure effects of freshwater diversion from the Nueces River to the upper reaches of the
Nueces Estuary. This project is required under the Texas Natural Resource Conservation
Commission (TNRCC) operating nde for the Nueces Estuary adopted 4 April 2001. The nde
requires the City to "implement an on-going monitoring and assessment program designed to
facilitate an adaptive management program for freshwater inflows into the Nueces Estuary." This
proposal is in support of that requirement. This proposal's objective is to re-occupy Rincon
Bayou study stations which were sampled during the first BOR Demonstration Project (October
1994 - December 1999).
This project's goal is to provide the City of Corpus Christi data to accomplish the
following objectives:
determine if"no harm" occurs as a result of freshwater diversion from the Nueces River
into Rincon Bayou,
assess the benefits of the diversion on primary and secondary productivity in Rineon
Bayou, and
develop an optimal operational management procedure for freshwater pass-throughs
based on sound science (i.e. science based on testable hypotheses or questions).
3. TASKS
Exhibit A
Page 2 of 13
To achieve the above stated goal, a monitoring program will be carried out in Rincon
Bayou and the Nueces River. The following tasks (i.e. measurements) will be performed:
3.1.
Phytoplankton primary production and biomass (chlorophyll a) in marsh ponds and
channels will be measured and correlated with measured water column parameters.
3.2.
Benthic infauna (bottom dwelling organisms that live in the sediments) biomass,
abundance, diversity and species distribution will be determined and compared to
relevant changes in water quality and soil characteristics (e.g. sediment grain size).
3.3.
Species composition, percent cover and plant canopy structure of emergent marsh
vegetation in Nueces Marsh will be quantified in relation to soil pore water salinity, soil
moisture and inorganic nitrogen levels (NH~+ and NO3' + NO2') to assess changes in
macrophyte primary production due to freshwater diversion and natural water cycle
variations.
4. RESEARCH PLAN AND METHOD
4.1 EXPERIMENTAL DESIGN
Studies will be conducted in the Nueces Marsh, Corpus Christi, Texas (27o53' N, 97o32'
W). The study area consists of two overflow channels and several stations chosen because of
their proximity to the channels (Fig. 1). The Nueces Overflow Channel (NOC) connects the
Nueces River to upper Rincon Bayou, the natural headwater of the estuary. The Rincon
Overflow Channel (ROC) links upper Rincon Bayou to an area of hypersaline tidal flats. In the
BOR Project, flow through the NOC required a minimum river water level of 0.6 m above mean
sea level 0VISL;1929 Datum). Discharge exceeding 11.9 m3 s't and reaching levels of 1.14 m
above MSL in Rincon Bayou activated the ROC. In the BOR project, inflow through the NOC
was measured at the United States Geological Survey (USGS) Rincon Bayou near Calallen
(Station 08211503) gauge (Rincon Gauge) located 274 m downstream from the intersection of
the Nueces River and the NOC. This gauge was originally installed in May 1996, but then
removed in August 2000. It was re-installed in June 2002.
Sampling stations for the Rincon Bayou project will be located at various distances
downstream from the overflow channels and at stations located in both the Nueces River and
Nueces Bay. Several stations in the lower Rincon Bayou, the Nueces River and Nueces Bay are
funded and sampled as part of the Allison Project (Table 1), although data acquired at these
stations will be included in data analyses of Rincon Bayou.
Water column and phytoplankton characteristics will be measured monthly at five
stations (Table 1; Fig. 1): three historical stations in Rincon Bayou (466C, 400F, 463), a station
in the Nueees River at the headwaters of Rineon Bayou (168). At each station, temperature,
salinity, Secchi disk depth, oxygen concentration (dissolved oxygen, DO), chlorophyll, nutrients
(nitrate+nitrite, silicate, phosphate, and ammonium), and primary productivity will be measured
(Table 2). Each month, duplicate chlorophyll and nutrient samples will be taken at each station.
Each productivity station will have six experimental light intensities filtered in duplicate. Thus,
3 Exhibit A
Page 3 of 13
each station will generate 16 separate assays. A minimum of monthly sampYmg ~s required to
describe water colunm nutrient, chlorophyll and primary production dynamics and is being
proposed because it has been demonstrated to be a practical, cost-effective sampling scale for
annual cycles.
Benthic infauna characteristics (Table 3) will be measured monthly at three stations
(466C, 400F, 463; Table 1; Fig. I). These are the same as the phytoplankton stations listed above
but exclude the new fiver station (168). The sampled parameters will be compatible with other
existing studies in the Nueces Estuary. A minimum of monthly sampling is required to describe
ecosystem dynamics, and it has been demonstrated to be most effective in past benthic studies.
Each month, three replicate samples are required per station. Thus, a typical station yields 36
samples per year.
Emergent vegetation and related soil parameters (Table 4) will be measured quarterly at
three historical stations (Table 1; Fig. 1).
With all field sampling, adverse field conditions or climatological conditions may
interfere with project plans, and changes in sampling stations or schedules may be necessary to
accomplish study tasks.
Table 1. Sampling stations for the Rincon Bayou project. Current stations are sampled as part of
the Allison Wastewater Diversion Project but will be used to assess the questions posed in the
Rincon Bayou project.
Sampling Parameter New Stations Current UTMSI Stations
Phytoplankton and 168, 466C, 400F, 463 104, 104A, 104B, 301,450, 451
Water Quality
Benthos 466C, 400F, 463
Emergent Vegetation and 501,562, 463 450, 451
Soil Characteristics
4.2 ASSESSMENT OF HYDROGRAPHY, NUTRIENTS, AND PHYTOPLANKTON
In salt marsh ecosystems, changes in water column conditions can have significant
impacts on phytoplankton biomass and productivity. Oftentimes, Iow water column nitrogen
levels limit phytoplankton growth and reproduction. Nitrogen additions ofien stimulate
production. If sufficient nitrogen is added, production reaches a maximum, so that further
nitrogen increases do not promote production and nitrogen is no longer considered a limiting
nutrient.
Additionally, changes in water colunm parameters such as salinity and water clarity can
alter phytoplankton composition and abundance. In the BOR Demonstration Project,
phytoplankton productivity exhibited an inverse correlation with saFmity. High water column
salinity stresses phytoplankton cells because internal salt regulation requires energy that could
otherwise be spent on growth and reproduction. Lowered salinities decreased that stress and
almost certainly increased primary productivity.
Exhibit A
Page 4 of 13 ]
Figure 1. Rincon Bayou Diversion Project station locations. Circles ( ) denote new UTMSI stations; triangles ( ) represent current
UTMSI stations.
Exhibit A
Page 5 of 13
Phytoplankton and hydrography of the upper Nueces Marsh will be sampled monthly to
measure changes in production that result fxom freshwater releases and natural precipitation at
the stations listed above (Table 1; Fig. 1). Most measurements (Table 2) will be comparable to
those collected during previous monitoring studies (Whitledge, 1991), including the Rincon
Bayou Demonstration Project (BOR, 2000). The full suite of data collected will allow a time
series analysis to be completed.
Table 2. Water quality and phytoplankton characteristics collected
monthly at five stations (Table 1, Fig. 1).
1) Secchi depth
2) Water depth
3) Temperature
4) Salinity
5) Dissolved oxygen (DO)
6) Percent oxygen saturation (%DO)
7) pH
8) Chlorophyll a
9) Inorganic nutrients (NHn+, NOs'+ NO:', PO~~', SiO~~')
10) Phytoplankton primary production
Water column chlorophyll concentrations will be measured monthly at each station.
Chlorophyll a concentrations will be measured fluorometrically using a non-acidification
technique as detailed by Welschmeyer (1994; EPA method 445.0). In the lab, chlorophyll a will
be concentrated onto Whatman GF/F filters via filtration and rinsed with filtered seawater. Five
ml of 100% methanol will be added and the sample extracted overnight. Chlorophyll a
concentration will be recorded using a Turner Design Model 10-AU fluorometer calibrated daily
to a secondary solid standard (Turner Designs, Sunnyvale, CA).
We will assess primary productivity to determine the rate at which the water column
phytoplankton community uptakes CO2 for photosynthesis. Rates of phytoplanktou primary
production will be estimated by the modified C-uptake experiments of Steemann Nielsen
(1952) as detailed by O'Reilly and Thomas (1983). Water samples inoculated with 100 [tl (10
gCuries) of ~4C-labeled sodium bicarbonate will be shaken and dispensed into seven 250 ml
bottles for incubation at seven different light levels: 100, 52, 29, 17, 9, 5 and 0%, which will be
achieved by varying the thickness of screens covering the bottles. The bottles will then placed in
wire baskets and submerged in a shallow (ca. 0.6 ra) concrete tank filled with flowing seawater.
Samples will be incubated for 3-4 hr, d~ending on the photoperiod of the day and time of
sampling. Following incubation, residual C activity will be determined by liquid scintillation
counting. Time zero controls are nm for blanks. Secchi disk depth is used to calculate an
extinction coefficient. This extinction coefficient is used to determine the average light level in
the water colunm. A plot of production versus incubation intensities is used to determine the
primary production rate. This protocol is identical to the analysis conducted for the Allison
Diversion Project and is based on evaluations of productivity in well mixed, shallow systems
(Mallin and Paerl, 1982). Alkalinity and Secchi disk depth are ancillary measurements required
for this analysis and may not be reported in the annual report.
Exhibit A 1
Page 6 of 13
Nutrient analysis will be conducted using a LaChat QC 8000 ion analyzer with computer
controlled sample selection and peak processing (Zellweger Analytics, Inc., Milwaukee, WI).
Chemistries are as specified by the manufacturer and have ranges as follows: nitrate+nitrite
(0.03-5.0 [tM; Quikchem method 31-107-04-1-A), silicate (0.03-5.0 [tM; Quikehem method 31-
114-27-1-B), ammonium (0.1-10 ~tM; Quikchem method 31-107-06-5-A) and phosphate (0.03-
2.0 gM; Qulkchem method 31 - 115-01-3-A).
Hydrographic measurements will be made at each station with a multi-parameter
instrument (YSI 600XL and 610 DM Probe; Yellow Springs Instxurnent Co., Cincinnati, OH)
just beneath the surface and at the bottom. The following parameters are read from the digital
display unit (accuracy and units): temperature (°C), pH (+ 0.1 units), dissolved oxygen (mg/1 ±
0.2), depth (± 0.018 m), and salinity (± 0.1 ppt).
4.3 BENTHIC INFAUNA STUDIES
F. stuarine benthic infauna (bottom dwelling organisms which live in the sediments) are
particularly susceptible to changes in water column salinity because of their immobility. Changes
in benthic species abundance, composition and distribution often serve as useful indicators of
freshwater inflow effects (Montagna and Kalke, 1992). Furthermore, the BOR Demonstration
Project suggested that freshwater inflow into the upper reaches of the marsh ameliorated stresses
on benthic organisms and increased biomass and productivity.
The position of all stations is established with a Garmin Differential Global Positioning
System (DGPS) with an accuracy of ±3 m. Sed'unent and benthic community structure samples
will be collected by hand-held cores (Montagna and Kalke, 1992). The cores are 6.72 cm
diameter, covering an area of 35.4 cm2. The cores are sectioned at 0-3 em, and 3-10 cm depths to
examine vertical distribution of macrofauna. Three replicates will be taken per station.
Organisms will be enumerated to the lowest taxonomic level possible, and biomass will be
determined for higher taxonomic groupings.
Sediments can affect organism distribution and abundance as well as salinity. Sediment
grain size analysis will be performed following standard geologic procedures (Folk, 1964).
Percent contribution by weight is measured for four components: rubble (e.g. shell hash), sand,
silt, and clay. A 20-cm sediment sample is mixed with 50 ml of hydrogen peroxide and 75 ml
of deionized water to digest organic material in the sample. The sample is wet sieved through a
0.062-mm mesh stainless steel screen using a vacuum pump and a Millipore Hydrosol SST filter
holder to separate rubble and sand from silt and clay. Al~er drying, the rubble and sand are
separated on a 0.25 mm screen. The silt and clay fractions are measured using pipette analysis.
Hydrographic measurements are made at each station with a multi parameter instrument
just beneath the surface and at the bottom. The following parameters are read from the digital
display unit (accuracy and units): temperature (± 0.15 .C), pH (4- 0.1 units), dissolved oxygen
(mW1 ± 0.2), specific conductivity (4- 0.015 - 1.5 mmhos/cm depending on range), redox
potential (± 0.05 reV), depth (± 0.018 m), and salinity (4- 0.1 ppt). Salinity is automatically
corrected to 25 .C.
Exhibit A
Page 7 of 13
Table 3. Benthic macrofauna and water column parameters to be measured at
three stations (Table 1; Fig. 1). Items 1-3 are to be measured monthly. Item 4
is to be measured annually.
1) Benthic macrofauna abundance, density, diversity
2) Benthic macrofauna biomass
3) Water column parameters (temperature, DO, conductivity, redox
potential, depth, and salinity)
4) Sediment grain size
4.4 EMERGENT VEGETATION
Emergent vegetation species composition and abundance reflect the history of a salt
marsh area and provide an excellent integrator of long-term environmental conditions. The
character of wetland vegetation further influences the composition and productivity of animal
populations. Marsh plants have two key ecological values: provide habitat for wildlife and
estuarine species and form the base of the detrital food web.
Marsh plants do not exist along the upper Rincon Bayou; therefore, intensive sampling
will be conducted at three stations: 501 in an area unaffected by the channels, 562 in the tidal
flats and 463 in central Rincon Bayou. Sampling and methodology employed will be identical to
that conducted previously (BOR, 2000). Data collected will be comparable to previous studies
(Table 4).
Table 4. Emergent vegetation and soil characteristics to be made quarterly at
three stations (Table 1; Fig. 1).
1) Leaf area index (LAI)
2) Soil chemistry (nutrients, salinity and moisture)
3) Plant species percent cover and composition
Changes in vegetation occur seasonally and oRen result from natural variations in
freshwater inundation, which affects both soil salinity and moisture. Diversion of water into the
marsh may also lead to noticeable changes in vegetation. We wilt quantify seasonal vegetation
species composition, distribution and abundance (percent cover) using transect sampling.
Generally, sampling will occur in late spring (~ May), late summer (~ August), mid-fall (-
November) and mid-winter (~ February). P,maanent transects were established at each station in
February 2001. The transects are similar to those sampled in the BOR Demonstration Project
(established in June 1995). The transects are 50-m long and 8-m wide (400 m2). All extend
perpendicularly from the vegetation line along the tidal creek (Fig. 2). At all stations, vertical
transect lines are spaced at 2-m intervals from 0 to 26 m and at 4-m intervals from 26 to 50 m,
for a total of 20 transect lines. All transects will be Saml?d at 2-m intervals along horizontal
transect lines, for a total of 100 sampling points. A 0.25 m' quadrat subdivided into 100 5 x 5 em
cells will be used to estimate percent cover of each species and bare area at each sampling point.
Cells without vegetation, covered with water or consisting of wrack (dead plant material > 2 cm)
will be considered bare area.
8
Exhibit A
Page 8 of 13
Emergent vegetation canopy structure (amount of foliage and its distribution) of
monospecific stands of five dominant species (when present) will be determined at each station
from leaf area index (LAI) measurements collected with a plant canopy analyzer (LI-COR LAI-
2000, Lincoln, NE). LA][ provided a non-destructive means of estimating foliage density by
measuring the amount of light attenuated within the canopy. LAI values assist in determining the
period of maximum species growth development, which may differ according to freshwater
inflow availability, or other physical, chemical or biological processes.
Physiochemical parameters important to vegetation growth and survival (soil salinity,
moisture and inorganic nitrogen) will be measured at each station. These environmental
components are particularly important with regards to vegetation because water uptake occurs in
the root zone. Decreases in soil salinity and increases in soil moisture and inorganic nitrogen
levels often coincide with increased growth and reproduction of salt marsh vegetation species.
Additionally, lowered soil salinities can facilitate vegetation expansion into previously bare
areas, providing new habitat and detritus to the marsh food web.
0 10 20 30 40 50m
Figure 2. The layout and dimensions of a vegetation sampling Ixansect. Each dot represents a
sampling point for vegetation parameters (i.e. percent cover and composition). Triangles denote
sampling points for soil water salinity, moisture and inorganic nitrogen.
At each station, tidal creek and soil water salinity will be recorded with a refractometer
(Reichert Scientific Instruments, Buffalo, NY). Replicate soil samples, collected at a depth of ca.
10 cm, will be collected at 0, 10 and 20, 30, 40 and 50 m from the tidal creek and later
centrifuged at 10,000 rpm for about 30 minutes to extract pore water. Soil moisture will be
determined by comparison of wet weight to soil dry weight. Four replicate tidal creek water
samples and the soil samples stated above will be analyzed for determination of NI-In+ and NO3' +
NO2' levels using standard colorimetric techniques (Parsons, et al. 1984).
5. ADDITIONAL NEEDS
5.1 LOGISTICS
All sampling stations are curremly located on private property. Monitoring of biological
parameters requires that PI's and technicians access this property during sampling periods
9
Exhibit A
Page 9 of 13
(monthly for water column parameters, phytoplankton and benthos and quarterly for emergent
vegetation). Occasionally, each sampling may require two field days. Previously, the stations
were accessed via either a 4x4 truck, 6x6 all terrain vehicle, or an airboat (for one station). By
land, sampling requires passage through at least two private properties. The City must make the
necessary arrangements with landowners to allow the scientific parties to access the land when
necessary. The City will address any liability issues with each landowner. Currently, access to
the sampling stations requires each member of the scientific party to sign a liability waiver to
enter Wyatt Properties. Permission is verbally gained to enter the Sorenson properties. Field
personnel will also require passage through the McGregor property to access stations. UTMSI
recommends that a blanket liability arrangement be undertaken with each landowner so that all
individuals working for The University of Texas Marine Science Institute are covered. This will
save valuable time and logistics costs for all parties involved. UTMSI requests that the City
obtains from landowners the contact numbers and gate codes or keys so stations can be accessed.
Many roads can only be accessed if lock codes are known or the gates are left open prior to our
arrival. A list of landowner conditions for entering these properties should be provided along
with basic information that addresses advance contacts (to whom), vehicular access to roads
(including wet periods), gate access and times, restricted areas, etc.
The road located at the intersection of upper Rincon Bayou and central Rincon Bayou has
collapsed, and consequently field sites cannot be accessed via Wyatt Properties. Vehicular access
to these sites is only possible via the McGregor property. If UTMSI is unable to occupy
sampling stations due to a failure on the part of the City to acquire the appropriate
landowner approval and/or access, UTMSI will not be held responsible for uncollected
data, but full fees will be assessed for sampling attempts.
6. DELIVERABLES
An annual written report (due 31 December 2003) will be written by each P.I.
corresponding to the three tasks: Hydrography, Nutrients and Phytoplankton (Villareal); Benthos
(Montagna); and Emergent Vegetation (Dunton). Each chapter will incorporate the results of the
current year with that of prior year data. Temporal and spatial comparisons that display
significant correlations or patterns among various parameters will be presented in graphic or
tabular format. Comparisons with past studies and other neighboring studies will be made where
data exist. These annual reports will be technical reports of the UT Marine Science Institute and
will be submitted to the City Engineer. Annual data analyses will be presented to the City and
other interested parties (TNRCC, Texas Parks and Wildlife, etc.) at an annual meet'rog.
Recommendations and suggestions for project change will be presented at this meeting.
7. INTEGRATED SYNTHESIS OF PROJECT DATA
The monitoring program is designed to document water column, benthic and emergent
vegetation biological changes that occur as a result of diversion of freshwater from the Nueces
River to the upper reaches of the Nueces Marsh. Data sets contain valuable information on
various parameters including primary (phytoplankton and emergent vegetation) and secondary
(benthic organisms) production and water column characteristics. Other relevant climatological
data (i.e. rainfall, air temperatures, and river flow) are available from the Corpus Christ
International Airport (CCIA) and the United States Geological Survey (USGS).
10
Exhibit A
Page 10 of 13
While each data set alone contains important information, an accurate and meaningful
understanding of the effects of the freshwater diversion cannot be achieved without data
synthesis and interpretation on multi-levels. However, this can only be accomplished through
intensive data management, comprehensive data analyses and reporting and active
correspondence by all participating institutions. To efficiently and effectively utilize the
enormous amount of information available, UTMSI will provide a data manager (Heather
Alexander) who will oversee the compilation and organization of all data collected for the three
tasks (hydrography/primary production, benthos and emergent vegetation), communicate with
the other participating agencies to det~mdne if and when integration of different data sets is
appropriate, and assemble and organize other relevant data (i.e. climatological data) that may be
useful in interpreting the effects of the diversion project. The data manager will also work with
each P.I. to produce annual and final reports and presentations in a timely manner.
8. REFERENCES
Bureau of Reclamation. 2000. Concluding Report: Rincon Bayou Demonstration Project.
Volume II: Findings. United States Department of the Interior, Bureau of Reclamation,
Oklahoma-Texas Area Office, Austin, Texas.
Folk, R. L. 1964. Petrology of sedimentary rocks. Hemphill's Press. Austin, TX. 155 pp
Mallin, M.A. and Paerl, H.W., 1992. Effects of variable irradiance on phytoplankton
productivity in shallow estuaries. Linmology and Oceanography, 37(1): 54-62.
Montagna, P.A., R.D. Kalke, and C. Ritter. 2000. Chapter 5: Benthic Communities. In: Bureau
of Reclamation (ed.), Concluding Report: Rincon Bayou Demonstration Project. Volume
II: Findings. United States Department of the Interior, Bureau of Reclamation,
Oklahoma-Texas Area Office, Aust'm, Texas.
Montagna, P.A. and R.D. Kalke. 1992. The effect of freshwater inflow on meiofaunal and
macrofaunal populations in the Guadalupe and Nueces Estuaries, Texas. Estuaries
15:266-285.
O'Reilly, S.E. and Thomas J.P. 1983. A manual for the measurement of total daily primary
productivity. BIOMASS Handbook 9.
Parsons, T.R., Maita, Y. and Lalli, G.M., 1984. A Manual of Chemical and Biological Methods
for Seawater Analysis. Pergamon Press, New York, 173 pp.
Putt, M. and D.K. Stoecker. 1989. An experimentally determined carbon: volume ratio for
marine oligotrichous ciliates from estuarine and coastal waters. Limnology
Oceano~,ra~hv 34:1087-1103.
Sieracki, M.E., C.L. Viles and K.L. Webb. 1989. Algorithm to estimate cell biovolume using
image analyzed microscopy. Cytometry 10: 551-557.
11
Exhibit A
Page 11 of 13
Steemann-Nielsan, E. 1952. The use of radioactive carbon (~nC) for measuring organic
production in the sea. J. Cons. perm. int. Explor. Met., 18(2): 117-140.
Texas Depaah~ent of Water Resources. 1982. Nueees and Mission-Aransas Estuaries: An
analysis of bay segment boundaries, physical characteristics, and nutrient processes. LP-
83. Texas Depat:hnent of Water Resources, Austin, Texas.
Welscluneyer, N.A. 1994. Fluorometric analysis of chlorophyll a in the presence of chlorophyll b
and pheopigments. Limnolo~,v and Oceano~ranhv, 39(8): 1985-1992.
Whitledge, T.E. 1991. Biological monitoring of the effects of diversion of freshwater inflow
and wastewater return flows in Rincon Bayou and Nucces Delta. Report to the South
Texas Water Authority.
Zedlcr, J.B., C.S. Nordby, and B.E. Kus. 1992. The ecology of Tijuana Estuary, California: a
National Research Reserve. NOAA Office of Coastal Resource Management,
Sanctuaries and Reserves Division, Washington, D.C.
12
ExhlbitA J
Page 12 of 13
Period: 1 October 2002 - 30 Se~ 2003
CATEGORI~.~ FY02/03
A. Pers~aaiel
IC Dunton, Res. Sci. (0.75 mo.) $5,927
T. Villareal (0.5 mo) $3,347
P. Montagna (0.5 mo) $3,980
L. Tmnin, Res. Assist. (6 mo.) $14,008
I-[ Alex~der, Research Assoc./Data Manager (6 mo.) $18,868
IC Jackson, Res. Assistant (6 n~.) $11 ~31
Grach~ate Research Assistant-Bonthus (3 mo.) $4,653
Gra&,ate Research Assistant-Phytoplankton (6 mo.) $9,306
SUBTOT/~., FOR ~ $71,320
B. Fringe Benefits (30% orA) $21,396
C. Travel $60(
D. Equipment $(
E. Supplies
1. Chemicals, glassware, c~,~,uter supplies $7,45(
2. Communication: express mail, long-distance telephone, photocopy $30(
F. Tuition $3,00(
G. Other Direct Ccets
2. Small boat and vehicle use fee $3,50(
Grain size, rrecrofaona cores $3 ~562
Nutrients, soil parameter, cMorophyll $4,00(
LAI, vegetation $1,00(
II. TOTAL DIRECt COSTS (stma of A - G) $144,125
I. INDIRF_L~ COSTS (15%ofH) $21,615
J. TOTAL COSTS (stma of H - I) $165,74~
13
Exhibit A
Page 13 of 13
/
FEE SUMMARY
Contract Term Fee
Odginal Contract -Year 1 Oct. 1, 2001 - Sept. 30, 2002 $118,192.00
Amendment No. 1 - Year 2 Oct. 1, 2002 - Sept. 30, 2003 $165,748.00
Total $283,940.00
IFee Summary
Page 1 of I
iFi CITY OF CORPUS CHRISTI
~ DISCLOSURE OF INTERE$'r~
City of Corpus Christi Ordinance 17112, as amended, requires all parsons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with 'NA'.
FIRMNAME: "T'~C ~,p~cr.~-,J~ ~.{C.~'-C:~qj' ~_J~ .~-;J~-ut
STREET: ~,e FaX
FIRM is: 1. Corporation [] 2. Partnership [] 3, Sole Owner []
DISCLOSURE QUESTIONS
4. Association []
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%
or more of the ownership In the above named "firm".
Name Job Title and ~ Department (if known)
S:-k, the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or
more of the ownership in the above named "firm".
Name T~e
State the names of each "board member' of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm".
Name Consultant
CERTIFICATE
I cerUfy that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld dhm. losure of anyinformalion requastsd; and that supplemental statements will be promp'dy submitted to the City
of Corpus Christi, Texas as changes occur.
WAYNE K KU;NSTLER, OIRECTOP
Cerllf~ng Person: n~r~r'~ ~r ~P~N$ORED pROJECTS Title:
(Ty~eorPdny, ,~ '-'~' OCT 2, 2 2002
S/gnature of CertJ/~ng Person: ~ J i~J'~4.J/~'Z' ~ Date:
29
CITY COUNCIL
AGENDA MEMORANDUM
October 11, 2002
AGENDA ITEM:
Ordinance by the City Council of the City of Corpus Chris~ Texas, providing for the issuance of
City of Corpus Christi, Texas, Combination Tax and Mumcipal 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~fa~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 iment 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 dayof September, 2002, the City Council of the City of Corpus Christi,
Texas (the "City" or the "Issuer") passed a resolution authorizing and directing notice of its intention to issue
the Cet~cificates 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 Govemmem Code protesting the issuance of such Certificates of
Obligation, has been filed with the City; and
WHEREAS, the Certificates of Obligation heremat~er authorized are to be issued and delivered
pursuant to Subehapter C of Chapter 271 of the Texas Local Goverarnent Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. 2]~at 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 $31,490,000, for the purpose of providing
part of the funds for paying contractual obligations to be incurred by the City, to-wit: the acquisition of land
and the enlarging, eqmpping and repairing of, and construction of improvements to, the City's Convention
Center located at 1901 N. Shoreline Boulevard; the construction of related sa'eet and drainage
improvements; and the payment for fiscal, engineering and legal fees incun'ed in connection therewith. The
Convention Center is a "convention center facility", as said term is defined in Section 351.001, Texas Tax
Code. The City is a mumcipality that borders on the Gulf of Mexico and has a population of mom than
250,000, and is a municipality described in Sections 351.003(c) and 35 I. 107, Texas Tax Code. The term
"Certificates" as used in this Ordinance shall mean and include collectively the Certificates of Obligation
initially issued and delivered pursuant to this Ordinance and all substitute Certificates of Obligation
exchanged therefor, as well as all other substitute Certificates of Obligation and replacement Certificates
of Obligatiun issued pursuant hereto, and the term "Certificate" shall mean any of the Ce~ificates.
Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That said
Certificates of Obligation shall initially be issued, sold and delivered hereander as fully registered
certificates, without interest coupons, dated October 15, 2002, in the respective denominations and
principal amounts hereinafter stated, numbered consecutively from R- 1 upward, payable to the respective
initial registered owners thereof (as designated in Section 16 hereof), or to the registered assignee or
assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"),
and said certificates shall mature and be payable on September 1 in the years and mounts as set forth
below, to-wit:
-2-
YEARS AMOUNTS~$) YEARS AMOUNTS(S)
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 matUnng 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 Certificates matunng on or after September 1, 2014 at the par value thereof plus accrued
interest, in whole or in paxl, 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 Ce~lificates 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
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 AgenffRegistrar 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
carrying 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 nohce described in (ii) above shall
be the only notice actually reqtfired in connection with or as a prerequisite to the redemption of any
Certificates. By the date fixed for any such redemption due provision shah 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 fixed for redemption fi.om the Paying
Agent/Registrar out of the funds provided for such payment. The Paying AgenffRegistrar shall record in
the registration books all such redemptions of principal of the Certificates or any porton thereo£ If a
portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity
date, bearing 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 redemption prior to maturity at the
following rates per annum:
maturities 2003, % maturities 2013,
maturities 2004, __% maturities 2014,
maturities 2005, % maturities 2015,
maturities 2006, __% maturities 2016,
maturities 2007, __% maturities 2017,
maturities 2008, % maturities 2018,
maturities 2009, % maturities 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 CERTIFICATES. (a) The City shall keep or
cause to be kept at the corporate trust office in Dallas, Texas (the "Designated Tmst Office") of JPMorgan
Chase Bank (the "Paying Agent/RegiStrar"), or such other bank, trust 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 Uansfer of the Certificates (the "Registration Books"), and the City hereby appoints the
Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
transfers and regisWations under such reasonable regulations as the City and Paying Agent/Registrar may
prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided.
The City Manager or the designee thereof is hereby authorized to execute a "Paying Agent/Registrar
Agreement" in such form as is approved by the City Attorney. It shall be the duty of the Paying
AgenffRegistrar to obtain from the registered owner and record in the Registration Books the address of
suchregistered 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 Ixansferred in the Registration Books only upon
presentation and surrender of such certificate to the Paying Agent/Registrar at the Designated Trust Office
for transfer of registration and cancellation, together with proper written insmunents of assignment, in form
and with guarantee of signatures satisfactory to the Paying Agent/P~egistrar, evidencing the assignment of
such certificate, or any pox'tion 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.
0o) The entity in whose name any Cefl/ficate 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, premium, 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 extent of the sum or sums so paid.
(c) The City hereby fu~her appoints the Paying Agent/Registrar 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 in this Ordinance. The Paying AgenffRegistrar 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 anaount thereof, may, upon surrender of such certificate at the Designated Trust Office of the
Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or
the assignee or assignees thereof, or its or their duly authorized attomeys or representatives, with guarantee
of signatures satisfactory to the Paying Agent/Registrar, at the option of the registered owner or such
asf~gnee or assignees, as appropriate, be exchanged for fully registered certificates, without interest
coupons, in the form pmscxibed in the FORM OF CERTIFICATE, 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
-7-
same rote, 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 transfened, each certificate issued in exchange therefor shall have the same maturity date
and bear interest at the same rate as the certificate for which it is being exchanged. Each substitute
certficate 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 hereto, and each fully registered
certificate or certificates delivered in exchange for or replacement of any Certificate or portion thereof as
permitted or required by any provision of this Ordinance shall constitute one of the Cerrtficates 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 first scheduled interest
payment date shall be dated as of the interest payment date preceding the date on which such substitute
certificate is dehvered, 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 Certificates issued under
this Ordinance there shall be printed thereon a Paying Agent~Registrafs Authentication Certificate, in the
form hereinafter set forth. An authorized representative of the Paying Agent/Registrar shall, before the
-8-
delivery of any such substitute certificate, date such substitute ceaificate in the manner set forth above, and
manually sign and date such Authenhcation 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 Certificates 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 Certificate or portion thereof,
and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
certificates in the manner 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 Pay/ng
Agent/Registrar, and, upon the execution of said Paying Agent/Registraes 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
beginning at the opening of business 30 days before the day of the fast 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-
uled maturihes, (iii) may be Wans ferred 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.
(f) The City shall pay all of the Paying Agent/Registrar's 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 prod with respect
thereto. In addition, the City hereby covenants with the registered owners of the 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 Certificates, when due, and (ii)
pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or
registration of Certificates solely to the extent above provided, and with respect to the exchange of
Certificates solely to the extent above provided.
(g) The City covenants with the registered owners of the Certificates that at all times while the
Certificates are outstanding the City will provide a competent and legally qualified bank, lmst company,
financial institution, or other agency to act as and perform the ser~ces 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
AgenffRegisWar (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
or state banking instimton 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
supeveision 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/Regish~tr, the previous Paying Agent/Registrar 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 m the Paying Agent/Registrar, 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 Agen~.egislrar 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. That The form of the Cea/ficates, including the form
of Paying Agenl/Registra~s Authentication Certificate, the form of Assignment 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 dehvered 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 Certificates is hereby author/zed to print on the Certificates
(i) the form of bond counsel's opinion relating to the Certificates, and (ii) an appropriate statement of
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insurance furnished by a municipal bond insurance company providing municipal bond insurance, if any,
coveting all or uny part of the Certificates.
Section 7. DEFINITIONS. That the term "Series 1994-A Certificates of Obligation' shall mean
the City of Corpus Christi, Texas, Combina6on Tax and Municipal Hotel Occupuncy 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 t994-B Certificates of Obligation" shall mean
the City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupuncy Tax Revenue
Certificates of Obligation, Series 1994-B, dated December 15, 1994, und currently outstanding in the
aggregate principal amount of $525,000; und the term "Code" shall mean the Internal Revenue Code of
1986, und 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 sbM1 be estab-
fished and maintained by the City at its official depository. Said Interest and Sinking Fund shall be kept
separate and apart from all other funds und 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 from
the sale of the Certificates shall be deposited to the credit of said Interest and Sinking Ftmd. All ad valorem
taxes levied und collected for und on account of said Certificates shall be deposited, as collected, to the
credit of said Interest und Sinking Fund. During each year while uny of said Certificates are outstanding
and unpaid, the governing body of said City shall compute and asceitain the rate and amount of ad valorem
tax, based on the latest approved tax rolls of said City, with full allowunces being made for tax delinquen-
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cies and the cost of tax collections, which will be sufficient to raise and produce the money required to pay
the interest on said Certificates as such interest comes due, and to provide a sinking fund to pay the princi-
pal of said Certificates as such principal matmes, 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 shah be appropriated fi.om the General Fund to deposit into the Interest and
Stoking Fund moneys as may be necessary to pay the first scheduled interest payment on the Certificates
of Obligation.
Section 9. REVENUES. That the Certificates of Obligation are additionally secured by and shall
be payable fi.om and secured by the revenues from the mumcipal hotel occupancy tax charged and
collected by the City under authority of Section 351.003(c), Texas Tax Code, remaining aRer payment of
alt other obhgations now or hereafter payable therefrom (including, without limitation, the Series 1994-A
Certificates of Obhgation and the Series 1994-B Certificates of Obligation), constituting "Available Hotel
Occupancy Taxes". The Available Hotel Occupancy Taxes are pledged by the City prat to authority
of Chapter 351, Texas Tax Code, inCluding specifically, but not by way of limitation, that portion of the
murdcipal hotel occupancy tax charged in excess of seven percent of the price of a hotel room 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
transfer 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 FUNDS. 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 funds, and such Fund shah 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
Certificates 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
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owners of the Certificates the perfection of the security 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 fding to perfect the security
interest in said pledge to occur.
Section 12. DEFEASANCE OF CERI'II~ICATES. (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 Cegificate, plus interest thereon to the due date
(whether such due date be by reason of maturity or othenvise) 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/RegisWar 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 time as a Certificate shall be deemed to be a
Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be
secured by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and
pledged as provided in this 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 cona'ary,
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it is hereby provided that any detennination not to redeem Defeased Certificates that is made in conjunction
with the 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 De leased Certrtficates 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 amounts and times as hereinbefore set forth, and all income from 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 ofDefeased Certficates may contain provisions permitting
the investment or r(lnvestment of such moneys in Defeasance Securities or the substituhon 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 Certificates, 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 obhgations 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 instrumentality of
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the United States of America, including obligations that are unconditionally guaranteed or insured by the
agency or instrumentality and that, on the date of the purchase thereof are rated as to investxnent quality
by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable
obligations of a state or an agency or a county, mumcipality, or other political subdivision of a state that
have been refunded 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 finn 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 required by this Ordinance.
Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) Replacement Certificates. That in the event any outstanding Cen'ificate 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, matmity, and interest rote, as the
damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner
hereinafter provided.
(b) Application for Replacement Certificates. That application 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, theR, or destruction ora Certificate, the registered owner applying
for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar tach security or
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indemnity as may be reqmred by them to save each of them harmless from any loss or damage with respect
thereto. Also, m every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish
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 ora 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 foregffmg provisions of this Section, m 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 tiffs Cerfficate, the City may authorize the payment of the same
(without surrender thereof except in the case of a damaged or mutilated Ceflificate) instead of issuing a
replacement certificate, provided security or indemnity is furnished as above provided in this Section.
(d) ChargeforlssuingReplacementCertificates. That ptior to the issuance ofany replacement
certificate, the Paying Agent~egistrar shall charge the registered owner of such Certificate with all legal,
printing, and other expenses in connection therewith. Every replacement certificate issued pursuant 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 fonnd
at any tune, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally
and propo~onately with any and all other Certificates duly issued under this Ordinance.
(e) Authority for lssuing Replacement Certificates. That in accordance with Chapter 1206,
Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any
such replacemem ce~ficate without necessity of further action by the City or any other body or person,
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and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying AgentfRegisWar 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 Cegificates issued in
conversion and exchange of other Certificates.
Section 14. COVENANTS REGARDING TAX EXEMPTION. That the City covenants to
refrain from any action which would adversely affect, or to take such action as to ensure, the txeatment 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 fintherance
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 141Co)(6) of the Code or, if more than 10 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 deposiWxt 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
meaning of Section 141(b)(3) of the Code, to the governmental use;
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(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 Cerlificates of Obligation (less amounts
deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other
than state or local govemmental units, in contravention of Section 141(c) of the Code;
(d) to refrain from taldng any action which would otherwise result in the Certificates
of Obligation being ~eated as "specified private activity bonds" within the meaning of Section
141(b) of the Code;
(e) to refrain fi.om taking any action that would result in the Certificates of Obligation
being "federally guaranteed" within the meaning of section 149(b) of the Code;
(0 to reliain from using any portion 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(b)(2) of the Code) which produces a
materially higher yield over the term of the Certificates of Obligation, other than investment property
acquired with --
(1) proceeds of the Certificates 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 service fund, within the meaning of
Section 1.148~1(b) of the Treasury Regulations, and
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(3) amounts deposited m any reasonably required reserve or replacement fund
to the extent such amounts 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 Obligation or
amounts treated as proceeds of the Certificates of Obligation, as may be necessary, so that the
Certificates of Obligation do not otherwise contravene the requirements of Section 148 of the
Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to
advance refundings); and
(h) to pay to the United States of America at least once dm'lng each five-year period
(beginning on the date of delivery of the Certificates of Obligalion) an amount that is at least equal
to 90 percent of the "Excess Eamings," within the meaning of Section 148(0 of the Code and to
pay to the United States of America, not hater than 60 days after the Ce~ificates of Obligation have
been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under Section 148(:0 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes
"disposition proceeds" as defmod in the Treasury Regulations and, in the case of refunding bonds,
transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance
of the Certificates of Obligation. It is the understanding of the 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 Treasury pursuant thereto. In the event that regulations or ruling are hereafter
promulgated which modi~ or expand provisions of the Code, as applicable to the Certificates of
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Obligation, the City will not be required to comply with any covenant contained herein to the extent that
such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the
exemption from federal income taxation of interest on the Ceaificates 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 Certificates 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 intention, the City hereby authorizes and directs the
Mayor, the City Manager and the Director of Financial Services to execute any documents, certificates 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 Ce~ificates 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 United States of America, and such Fund shall not be subject to the clarm
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. That
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 registration of the Certifi-
cates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller)
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shall manually sign the Comp~'oller's Registration Certificate attached to such Certificates, and the seal of
said Comptroller shall be impressed, or placed in facsimile, on such Compwollees Registration Certificate.
Section 16. SALE OF CERTIFICATES. (a) Sale to Underwriter. That the sale of the
Certificates 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 m the Purchase Agreement, is hereby authorized, ratified
and confirmed. One Certificate 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 fight to
exchange such certificates 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 couneetion 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 Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staffhas determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to time.
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"Rule" means SEC Rule 15c2-12, as amended from 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 deparlment,
officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository
wifffin the meamng of the Rule from 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 m the final Official Statement authorized by Section 17
of this Ordinance, b~mg the information described in Exhibit B hereto. Any financial statements so to be
provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto,
or such other accounting prin~fiples as the City may be required to employ fi.om time to time pursuant to
state law or regulation, and (2) audited, ff the City cormmssions 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
time, 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 pursuant 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 spefffic reference to any document (including an official statement or other offering
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document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any
SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, m a timely manner, of any of the following events w/th respect to the Certificates of Obligation, if
such event is material within the mennmg of the federal securities laws:
2.
3.
4.
5.
6.
8.
9.
10.
11.
Principal and interest payment delinquen(tes;
Non-payment related defaults;
Unscheduled draws on debt service reserves reflecting financial difficulties;
Unscheduled draws on credit enhancements reflecting finandal difficulhes;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the Certificates
of Obligation;
Modifications to rights of holders of the Certificates of Obligation;
Certificates of Obligation calls;
Defeasances;
Release, substitution; or sale of properly securing repayment of the Certificates of
Obligation; and
Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, m a timely manner, of any failure
by the City to provide financial information or operating data in accordance with subsection 0o) of this
Section 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 m any event will give notice of any deposit made in accordance with this Ordinance or applicable
law that causes Certificates of Obligation no longer to be outstanding.
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(ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial
owners of the Certificate9 of Obligation, and nothing in this Section, express or imphed, 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 Sechon and does not hereby undertake to provide any
other information 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 warranty concerning such infonmation or its usefulness to a decision to invest in or sell Certificates of
Obligation at any future 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, 1N CONTRACT OR TORT, FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR
WITHOUT FAULT ON 1TS PART, OF ANY COVENANT SPECIFIED 1N 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.
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Nothing in this Section is intended or shall act to disclaim, waive, or othenvise 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, status, or type of operations of the City, but only if ( 1 ) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell Certificates of Obligation in the primary
offering of the Cen*ificates 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 circumstances 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 Ordinance that authorizes such an amendment) of the outstanding Certificates of
Obligation consent to such amendment or 0o) a person that is unaffiliated with the City (such as nationally
recogm,zed 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 form, of the reason
for the amendment and of the impact of any change in the type of financial information or operating data
so provided, lhe City may also amend or repeal the provisions of this continuing disclosure agreement
ffthe 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 undenvriter from lawfully purchasing or selling Certificates of Obligation in
the prnmty offenng of the Certificates of Obligation.
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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 investment earnings thereon to be used for the purposes described in Section 1 of this
Ordinance (each such purpose referred to herein 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 Co) each such Project is completed. The foregoing notwithstanding,
the Issuer shall not expend such proceeds or investment earnings more than 60 days afrer the later of (a)
the fifrh anmversary of the date of delivery of the Certificates or (b) 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 Certificates.
Section 20. DISPOSITION OF PROJECT. That the Issuer covenants that the property
constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the
Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recogmZed bond
counsel substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt
status of the Certificates.
Section 21. DTC REGISTRATION. That the Certificates of Obligation initially shall be issued
and delivewxl in such manner that no physical disaibution of the Certificates of Obligation will be made to
fiae 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 propose 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 Umfonn Commercial Code, and a
"cleating agency" registered under Section 17A of the Securities Exchange Act of 1934, as amended, and
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the City accepts, but in no way verifies, such representations. The Certificates of Obligation initially
authohzed 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 Obligat~on on behalfofthe Underwriters and
their respective participants. So long as each Certificate of Obligation is 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-entry system which will
identify ownership of the Certificates of Obligation in integral amounts of $5,000, with transfers of
ownership being effected on the records of DTC and its participants pursuant to rules and regulations
established by them, and that the Ceaificates of Obligation initially deposited with DTC shall be immobilized
and not be further exchanged for substitute Ce~ificates 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 fights of the beneficial
owners of the Certificates of Obligation. It shall be the duty of the DTC Paxticipants, 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 Ce~ficates of
Obligation is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution,
as provided for m this Ordinance, substitute Cerfficates 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
-291
maintained for such Certificates of Obligation. In connection with the initial establishment of the foregoing
book-enti'y 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.
Section 22. INTEREST EARNINGS. Interest earnings derived from the mvestraent of proceeds
fi.om the sale of the Certificates 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 earnings 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 Certificates 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. OFFICIALS AUTHORIZED TO ACT ON BEHALF 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 anytime to
do and perform all such acts and things and to execute, acknowledge, and deliver in the name and trader
the seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be
necessary or desirable hi order to carry out the terms and previsions of this Ordinance, the Certificates,
the offering documents prepared in connection with the sale of the Certificates, or the Paying
Agent/Registrar Agreement. In case any officer whose signature appears on any Certificate shall cease to
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 purposes of this Ordinance, unless
the context requires otherwise, all references to designated Sections and other subdivisions are to the
Sections and other subdivisions ofthis 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 impaxt 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 tach 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 herein. Any reference to "FORM OF CERTIFICATE" shall refer to the form of
the Certificates set forth in Exhibit A to this Ordinance. The ritles 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 part hereof and shall not in any way modify or restrict any of the terms or provisions hereof.
Section 26. IMMEDIATE EIq~ECT. 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.
~I'I'EST:
Mayor, City of Corpus Christi, Texas
City Secretary, City of Corpus Christi, Texas
(SEA )
APPROVED AS TO FORM AND LEGALITY:
City Attorney, ~ Christi, Texas
-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
INTEREST RATI3
%
ORIGINAL ISSUE DATE 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
semiannually on each September 1 and March I therea~er 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 Cefiificate 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 Ceflificate
shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at
matt~ity, or upon the date fixed for its redemption prior to matmity, 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 Agent/Registrar 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 required to be on deposit
with the Paying Agent/Registrar for such purpose as hereinal°ter pmv/ded; 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 Certificates (the
"Certificate Ordinance") the amounts required to provide for the payment, in mUnediately available
funds, of all principal of and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or interest on tttis 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 are 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 institutions are authorized to close, or the United States Postal Service is not open for
business; and payment on such dale shall have the same force and effect as if made on the original date
payment was due. Notwithstanding the foregoing, during any period in which ownership of the
Certficates 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 anangements 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, eqnipl~mg and repairing of, and coustmcfion
of hnprovements 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 incurred 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 m part
(provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at par
and accmed 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 beating the same interest rote are to be redeemed, the particular
Certficates of such maturity and bearing 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 1,204 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 sinldng 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 Certficates is detemuned only by a book entxy at a
securities depository 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 securities
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 Certificate 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/Registrar and (b) notice of such redemption shall be pubhshed one (1) time in a financial journal
or pubhcation of general circulation in the United States of America can-ting 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 thereofi shall not
affect the validity or effectveness of the proceedings for the redemption of any Certficate, and the
Certificate Ordinance provides that the publication of notice as described in (b) 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 Issuer with the Paying
Agent/Registrar for the payment of the required redemption price for this Certificate or the portion
hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If
such notice of redemption is given, and if due pmvision 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 after 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 accmed 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, all as provided in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
without interest coupons, m 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 beating interest at the same rote, in any danommation 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 Certficate
Ordinance. Among other requirements for such assignment and transfer, this Certificate must be
presented and surrendered to the Paying AgenffRegistrar, together with proper instruments of
assignment, in form and with guarantee of signatures satisfactory to the Paying AgentJRegistrar,
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 name 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 Certificate 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 AgenffRegistrar
may be used to evidence the assignment of this Certficate or any portion or portions hereof fi:om time
to time by the registered owner. The Issuer shall pay the Paying Agent/Registrat's reasonable standard
or customary fees and charges for transfemng and exchanging any Certificate or portion thereof. In any
circttmstance, any taxes or governmental 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 bugmess 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 certificates so selected for
redemption when such redemption is scheduled to occur with/n 30 calendar days.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Certificates, the foregtimg reqdimanents of holding, delivering or transferring
lids Certificate shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or tmnsfening 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 Certificate 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 cegified, 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 m 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 Secretmy 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/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Ceaificate 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, ceaificates of
obligation, or a portion of a certificate of obligation or certificates of obligaton of an issue which
originally 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 transfers unto
(Please insert Social Security or Taxpayer Idenhfication Number of Transferee)
/ /
(Please print or typewrite name and address, including
zip code of Transferee)
the within Certificate of Obligation and all rights
thereunder, and hereby irrevocably
transfer of the within Ceaificate
of Obligation on books kept for registration thereof, with
full power of substitution m the premises.
constitutes and appoints
attorney to register the
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must
be guaranteed by a member
firm 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.
1 hereby certify that there is on file and of record in my office a certificate 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 Constitution and laws of the State of Texas,
and that it is a valid and binding obligaUon of the City of Corpus Christi, Texas, payable in the manner
provided by and in the ordinance authorizing same, and said Certificate 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 Data
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 refened to) below:
Appendix A, under the headings: "Debt Payable from Taxes", "General Fund Revenues", "General
Expenses", "Ad Valorem Taxes", "Municipal Hotel Occupancy Taxes", "Solid Waste Operations", and
'The Tax Increment Financing Act"; and
Appendix C, "Combined Financial Statements of the City of Cmpus Christi, Texas for the Fiscal Year
ended July 31, 2001.
Accounting 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 :
I, the undersigned, City Secretaxy of the City of Corpus Christi, Texas, do hereby cerhfy that
the above and foregoing is a true, 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 Combmafon 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 Govemment 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
(SEAL)
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,
Council Members
The above ordinance was
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
3assed by the following vote:
Samuel L Neal, Jr., Mayor
City of Corpus Christi
30
CORPUS CHRISTI CODE OF ORDINANCES
CHAPTER 57 VEHICLES FOR HIRE
ARTICLE V. AUTO WRECKERS
PROPOSED ORDINANCE AMENDMENTS
This item was on the City Council agenda October 8, 2002, when it passed on first
reading then was set aside to allow city staff to resolve any remaining questions of wrecker
company owners regarding the proposed changes. A fourth meeting was held with wrecker
company representatives to discuss the amendments. Representatives from eight companies
attended.
Wrecker companies still object to aspects of the proposed "drop fee," arguing that
having a drop fee sign on all wreckers will be misleading to the public and will cause more
problems than it resolves. As currently proposed, the $35.00 drop fee applies in lieu of a
towing fee when a vehicle owner requests release of the towed auto before the wrecker
removes it fi.om the scene. If additional labor or extra equipment has been required, the
wrecker may also charge those fees. Wrecker company owners suggest the situation is ripe
for abuse and that some companies may add extra fees even when not warranted. They asked
for a straight $50.00 drop fee as the maximum that may be charged whenever a vehicle is
released before being removed. No other charges would be allowed.
Some wreckers also questioned the proposed Auto Wrecker Permit, which will require
all non-rotation list wreckers operating for compensation within the city to apply for a permit,
provide insurance and other information, and undergo a safety inspection. It was suggested
instead of the permit that wreckers not on the rotation list simply be given a safety inspection
as a means of removing unsafe or insufficiently equipped tow trucks from the streets. City
staff betieves the same safety measures will be better accomplished by means of the proposed
permit and inspection process.
Wreckers also requested that the City look into adding regulations requiring that
property owners or their agents provide a written authorization for each individual private
property impound. Staff is looking into the feasibility of such roles.
Practical working aspects of the proposed ordinance amendments, including
enforcement mechanisms, were explained and discussed. The wrecker companies present
concurred with the need for new regulations and stated they were generally satisfied with how
the new ordinance would operate. The proposed ordinance is now before City Council, as
amended, for its second reading and staff recommends its approval.
AN ORDINANCE
AMENDING ARTICLE V, CHAPTER 57, VEHICLES FOR HIRE, CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING THE
PROVISIONS REGARDING AUTO WRECKERS; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, The proper and safe functioning of the auto wrecker towing business has a
significant impact on the safety and welfare of the general public since it involves the use of
public streets of the City, often in circumstances necessitating prompt, competent removal of
dangerous traffic obstructions, and providing appropriate services to citizens who can be
stranded in particularly vulnerable positions; and
WHEREAS, The City has the authority granted under state law and 49 U.S.C. Section
14501 (c)(2)(A) and (C) to regulate auto wreckers with regard to safety, minimum amounts of
proof of financial responsibility and with regard to prices charged by auto wreckers in
transporting motor vehicles without the prior consent or authorization of the owner or
operator of the motor vehicle; and
WHEREAS, the authority of a municipality to establish and enforce regulations impacting
auto wreckers and their operations has been upheld by the United States Supreme Court in
City of Columbus v. Ours Garage and Wrecker Service, 122 S. Ct. 2226 (2002); and
WHEREAS, The City Council of the City of Corpus Chdsti finds it necessary to enact
regulations providing for the safety of its citizens, financial responsibility requirements for
auto wreckers and prices for non-consent tows without otherwise regulating the price, route
or service of auto wreckers operating within city limits;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Section 57-220, Code of Ordinances, the definitions of auto wrecker, consent
tow, non-consent tow and unauthorized vehicle are revised to read as follows:
Sec. 57-220. Definitions
As used in this article, the following terms shall have the respective meanings ascribed to
them:
Auto wrecker: Any motor vehicle used or designed for the purpose of towing, carrying,
pushing, or otherwise transporting a disabled, impounded, imprepedy parked, repossessed,
or abandoned motor vehicle.
Consent tow: Any ReRAm~eu¢~ tow conducted with the permission of, or a_t the direction
of, the towed vehicle's legal or registered owner, or such owner's apparent authorized
representative. Except as set forth in the definition of "non-consent tow" below, a tow will be
considered a consent tow where the owner is able to give consent. The vehicle will be towed
to the location designated by the vehicle's legal or registered owner, or such owner's
authorized representative c .... ~...,, ~.~ .,,,;,~ ,,, ,~, .... ~ ...... ~, .............. * ~,,, ~,;~
se~tien.
Drop fee: The price to be char.qed in lieu of a towin.q fee where, after an auto wrecker has
been dispatched to, or is at the scene of a tow, and has started to physically attach or
connect the vehicle to the auto wrecker, and the vehicle has not been towed from the scene
when the vehicle owner requests its release.
Non-consent tow: Any ~ tow conducted without the permission or authorization
of, cr .".ct ct th= d!r=ct!cn cf, the vehicle's legal or registered owner, or such th._~e owner's
authorized representative, regardless of the vehicle's location or condition. Towing of the
vehicle of a person who has been taken into custody by a law enforcement agency is
considered a non-consent tow. Any impoundment tow from the scene of an accident is
considered a non-consent tow. Towin.q fees shall be char.qed and paid
'~ Lot as set by this~-=m~tieP, article -r~,;,. ,4~r,.,~i ......~' ,,~ ........... . . .
private. This definition includes all tows from pdvate property conducted without the
vehicle owner's or representative's consent, ""'~ '~'~ ~""';"" ~"" ~ ..... ~';~'
· '~'-'," ........ ~ ~ ........ -'*o~'""~'~"~ ;" """~'"' ~'~ '~'~ A non-consent tow under this
article does not include tows initiated by law enforcement a.qencies other than the Corpus
Christi Police Department.
Parking facility. Any public or private property used1 in whole or in part, for paid or restricted
parkin,q.
Pdvate property impound: A non-consent tow from pdvate property.
Rotation wrecker: An auto wrecker company permitted to conduct police-initiated rotation
and mpound tow n.q as we as tow n.q work for compensation within the territorial limits of the
City of Corpus Chdsti Th= .......... ~'" ~'~° ~ .... * ....... u ..... ;' ~"' *~'~ ""'~ °"~'~'~' '""~
Unauthorized vehicle: A vehicle parked, stored, or located on a parking facility without the
consent of the parking facility owner.
WreckercompanK. An auto wrecker company permitted to conduct towing work for
compensation within the territorial limits of the City of Corpus Chdsti.
SECTION 2. Section 57-221, Code of Ordinances, is revised to read as follows:_
Sec. 57-221. Offenses[ Penalty.
(a) A person commits an offense if the person intentionally or knowingly without consent of
the vehicle owner, operator, or authorized representative of the owner tows or causes the
towing of a vehicle from private property, other than an abandoned, iunked, illegally parked,
trespassing, repossessed, or unauthorized vehicle·
(b) A person commits an offense if the person intentionally or knowingly tows or causes the
towin.q of a vehicle from any public street, right-of-way, beach, or public property without the
consent of the vehicle owner or operator, or at the direction of a swom peace officer acting in
his official capacity.
(c) A person commits an offense if the person intentionally or knowingly tows or causes the
towing of a vehicle as a unauthorized vehicle, in accordance with the Texas Transportation
Code, from a parking facility that is not properly sign posted, or that the vehicle owner has
not received proper notice, or that the vehicle was not left in violation of Section 684.011 of
the Transportation Code, or that the vehicle was in or obstructin.q a paved driveway or
abutting public roadway used for entednR or exiting the facility..
an offense If the person .~. ..............
(d) A person commits ' " ....*"~ ~ .......... *~'-" _ ...... ,::rcc.U.~r !r.
· ~"*;"" cf violates any section of this article. Unless otherwise stated, a culpable mental
ViC .......
state is not a required element of an offense under this article. An offense under this section
is ....................... punishable as pmv ded by Section 1-6 of the City of Corpus
Christi Code of Ordinances.
(e) No towing fees or charges may be imposed or collected, and if paid, shall be refunded
within five working days, for a tow conducted in violation of this article.
SECTION 3. Section 57-222, Code of Ordinances, is revised to read as follows:
Sec. 57-222. Permit required.
(a) It shall be unlawful for any person, firm, corporation, or partnership with a place of
business within the territorial limits of the City of Corpus Chdsti to drive or operate, or cause
to be driven or operated, any auto wrecker for the purpose of transporting '~;""~'~"'~
impeur~e~ ehicle ~ in rcc~cn~c * ........ * ~'" *~'~ '"";"~
(~=~me~t for compensation from any location or to any location within the city limits of the
City of Corpus Christi without first having obtained ar~ate~,~rer..ker permit issued under the
provisions of this article ............................ ~. ....... = .....................
(b) An auto wrecker owner, agent or employee commits an offense if the auto wrecker
conducts a non-consent tow from any location or to any location within the territorial limits of
the City of Corpus Chdsti and does not hold a permit as issued under this article.
(c) it is a defense to the offenses in this article that the auto wrecker was owned and
operated by a governmental entity or that the auto wrecker was operated solely for the
transportation of salvage vehicles.
SECTION 4. Section 57-223, Code of Ordinances, is revised to read as follows:
Sec. 57-223. Application, contents, fees.
(a) [Gc,",c,m,~,'y.] Any person, firm, corporation, or partnership desidng to operate one (-1-) or
more auto wreckers for compensation in the City cf Cc,-puc Chdst! shall make an original or
renewal application for an auto wrecker permit or an auto wrecker rotation list permit to the
chief of police as follows.
'(b) Original application.
(1) L!=t An odginal application and renewal application shall contain the name, address,
and current phone number of the al._[I owners_.
A._~_. If the owner of the auto wrecker is a partnership, the application shall contain the
partnership's name, address, and phone numbers and the names, addresses, and
phone numbers of all partners.
B.~. If the applicant is a corporation, the application shall state the corporate name, the
office address, and phone number of the corporation, together with the names,
addresses, and phone numbers of the president and secretary of the corporation.
(2) For an auto wrecker permit, the owner shall list each wrecker the owner wants to
permit and attach a copy of the Texas License Receipt and the Texas Tow Truck
Registration for each wrecker.
(3) For a rotation list permit, the Oowner shall list each wrecker the owner wants to
permit, the certification (Category A or Category B auto wrecker, see section 57-254),
and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration
for each auto wrecker ewru~w~fl~pem~.
(4) Owner shall provide proof of ownership of all auto wreckers listed on the wrecker
permit or rotation list permit issued.
(5) Owner shall provide a current certificate from the county tax assessor-collector that
all City of Corpus Christi taxes on all property, real and personal, to be used in
connection with the owner's auto wrecker business are paid.
(6) For an auto wrecker rotation list permit, the owner Owne~ shall provide a copy of a
deed to or lease for the proposed location for the auto wrecker business and storage
facility and written verification of the zoning of the proposed location from the city
planning department.
(7) Owner shall provide a written statement that he will comply with the provisions of
this article and of all other ordinances, statutes and state laws applicable to motor
vehicles and auto wrecker businesses. Further, that owner will ensure compliance with
said laws by all his auto wrecker ddvers.
(8) Owner shall provide a A copy of owner's Texas Sales and Use Permit.
(9) A copy of owner's certificate of occupancy at the proposed business location.
(10) For an auto wrecker rotation list permit, the owner Owne~ shall provide a A copy of
owner's current Texas Vehicle Storage Facility License. Owners licensed under Texas
Motor Vehicle Commission must also obtain a Texas Vehicle Storage Facility License.
(11 ) A copy of owner's certificate of insurance, see section 57-232.
(12) A list of all oWner's auto wrecker ddvers, including each one's name, social
secudty number, date of birth, ddvers license number and state of license.
(c) Renewal application. Owner shall provide:
(1) Wdtten confirmation of any changes in information supplied by previous application
or renewal.
(2) A current certificate or current receipt marked paid from the county tax assessor-
collector that all city taxes on all property, real and personal, used in connection with
the owner's auto wrecker business are paid.
(3) For an auto wrecker rotation list permit, the owner Owm~ shall provide a A copy of
owner's current Texas Vehicle Storage Facility License.
(4) Owner's insurance company shall provide a current certificate of insurance.
(5) A copy of owner's current Texas License and Receipt and Texas Tow Truck
Registration/Cob C=."d.
(6) A copy of the Texas Tow Truck RegistratiorJC"b C3rd for each new auto wrecker.
(7) A list of all owners' current auto wrecker ddvers and required information [see
section 57-223(b)(11)].
(d) Original App/ication or renewal application. The application for an auto wrecker or auto
S ....,.,. ......... or renewal application shall be accompanied by
wrecker rotation list permit
an application fee of ~ ($100.00). If the application or renewal is denied,
';w,,-~'-"-~-o, ...... ($50.00) of the fee shall be kept to cover the cost of reviewing the application or
renewal application. If application or renewal is approved, the owner shall pay the permit
fees as provided in section 57-226.wv ~ ..... ,.v......~ '.vw, ..... ~vv..v..~*;'"' v.~7 __~.~')~ The holder of a rotation
list permit need not also hold an auto wrecker permit for additional owned wreckers not on
the rotation list.
(e) Inspection. Upon receipt by the police department of the foregoing information, any
applicable the storage facility and all auto wreckers will be inspected by a police department
representative as soon as practicable in accordance with the provisions of sections 57-224
SECTION 5. Section 57-224 (a) and (h), Code of Ordinances, is revised to read as follows:
Sec. 57-224. Application and certification.
(a) The chief of police or the police chiefs designee shall review each auto wrecker permit
application and each auto wrecker rotation list permit application for compliance with this
article, and he shall inspect and certify each listed auto wrecker, business location, and
storage facility for rotation list permits if each listed auto wrecker meets the requirements of a
rotation list Category A or Category B auto wrecker, and if the business location and storage
facility are acceptable and properly zoned.
(b) (2) Be equipped with a power winch, winch line, and boom, with a factory-rated lifting
capacity of not less than e!F, ht thcu~-~3~nd/,S,O00-) pounds, single-line capacity. If a hydraulic
wheel lift is installed, it must have a factory-rated capacity of not less than twe-theu~a,~Lfive
h~ 4,000 pounds. If the unit does not have an established factory-rated
lifting capacity, then such capacity shall be determined by a testing procedure approved by
the chief of police.
(e) (14) A reflective, bd,qhtly colored safety vest which must be worn by the auto wrecker
operator at the scene of any accident or any location where high visibility is required.
(h) All auto wreckers shall have flashing or rotatinR overhead warning lights that are in good
working order, with lenses free of oxidation, that rotate, that are clearly visible during daylight
houm, and that corn with the U .............
, ' appli~ble provisions of the Texas Tmnspo~ation Code.
SECTION 6. Section 57-225, Code of Ordinances, is revised to read as follows:
Sec. 57-225. Notice of disapproval of application or renewal; correction of defects.
The chief of police or the police chief's designee shall give owner written notice of failure of
any application or renewal to meet all requirements, which requirements were not met, and
th!.-ty (30) days to remedy any defect and/or meet all requirements. If owner does not
remedy all defects and/or meet all requirements dudng the thirty-day cure pedod the chief of
police shall deny the application or renewal fo; =n
SECTION 7. Section 57-226, Code of Ordinances, is revised to read as follows:
Sec. 57-226. Permit issuance.
(a) The chief of police shall issue an auto wrecker permit to each owner whose application
complies with all requirements of this article upon owner's payment cf an auto wrecker
operation fee of $126.00 for each auto wrecker permitted to owner's issued permit number,
and the chief of police shall issue an auto wrecker rotation list permit to each owner whose
application complies with all requirements of this article upon owner's payment of a throe
h~315.00) permit fee.
The ch= h'-'ndmd dc!!"r ($100.00) application fee shall be applied to the perm_it fee.
(c) In addition, the owner shall pay an auto wrecker operation fee of one4~mdmdA~,~-s~
d ...... ($126.00) for each auto wrecker permitted to owner's issued permit number.
SECTION 8. Section 57-227, Code of Ordinances, is revised to read as follows:
Sec. $7-227. Notice of denial; appeal.
The chief of police shall notify the owner in writing of denial of an auto wrecker or rotation list
permit application at the business address in the application by United States mail. Owner
may appeal the denial, within ten (!0) days of the date of the notice of denial, by sending a
letter to the ..re=yet City Mana.qer stating that an appeal from the chief of police's ruling is
desired. C!ty cc'_'r,c!! The City Mana,qer or the City Mana.qer's designee shall promptly and
within thirty~vv~/'~n~ days after receipt of the appeal hear the appeal and sustain, modify, or
until ...j ........
reverse the police chief's ruling. The autewvmc, ker-permit shall not be issued · ~;, ........ a
the City Manager or the City Mana,qer's desi,qnee has heard the appeal and acted to sustain,
modify, or reverse the police chief's ruling.
SECTION 9. Section 57-228, Code of Ordinances, is revised to read as follows:
Sec. 57-228. Permit term.
(a) Each auto wrecker and rotation list permit shall be issued for one (4) year from January 1
to December 31.
(b) If any auto wrecker or rotation list permit is issued for less than one (-1-) year the three
~"'"'~'"'~ ~"~". ..... ,$315.00) permit fee and c~ ~'u"d-~''~ ~' .... ~,, ~;v ,~,,.,,, ($126.00)
operation fee per auto wrecker shall be prorated based on the number of months remaining
until December 31.
(c) Renewal fees will be paid in the same manner as set out above.
(d) There will be no refund of permit fees or operation fees.
SECTION 10. Section 57-229, Code of Ordinances, is revised to read as follows:
Sec. 57-229. Permits numbered; identification on vehicle: drop fee si;In.
(a) Each auto wrecker and rotation list permit issued by the chief of police shall be numbered
consecutively and each auto wrecker and rotation list permit holder shall affix c__.!d '~utc
wrerAe~ the permit number in cleady legible numerals to all doors of each auto wrecker
covered by said the permit. All said identifications and permit numbers shall be permanently
affixed in letters no less than two (2-) inches high.
(b) The chief of police shall issue annual permit decals for each permitted wrecker. The
decals shall be affixed to the driver's side window of each permitted wrecker.
(c) Each auto wrecker and rotation list permit holder shall permanently affix to the ddver's
side door of all permitted auto wreckers in clearly le,qible letters no less than two inches h .qh
a sign reading: "DROP FEE ~35.00."
SECTION '1'1. Section 57-230, Code of Ordinances, is revised to read as follows:
Sec. 57-230. Substitution of vehicle; fees.
An owner may substitute an unpermitted auto wrecker for one which has been permitted
upon providing written notice of intent to substitute. The notice shall contain all information
required by section 57-223, '"~--'--'- *~' .... ~.o,;,,,,~.; .... , .....~ .... , .....D 3uto
wrer, ke~, and owner shall pay a twer~y-e~ ($20.00) inspection fee for each substitute auto
wrecker. If the substitute auto wrecker complies with the requirements of section 57-223,
owner's aute-wre~¢ permit shall be amended to add the substitute auto wrecker and delete
the auto wrecker owner designates.
SECTION t2. Section 57-231, Code of Ordinances, is revised to read as follows:
Sec. 57-231. Adding vehicles; fees.
Owner may add one (1) or more additional auto wreckers to the autewvrecker permit by filing
a supplemental application containing all information required by section 57-223. If the
additional auto wrecker complies with the requirements of sections 57-223 and 57-224,
owner's aute-wre;ker permit shall be amended to add the additional auto wrecker(s). The fee
for adding auto wreckers to an~qutewwer, ke~permit shall be
($126.00) prorated based on the number of months remaining until December 31, provided,
the minimum fee for adding an additional auto wrecker shall be f~y dc!!=m ($50.00).
SECTION 13. Section 57-232, Code of Ordinances, is revised to read as follows:
Sec. 57-232.1nsurance.
(a) An owner shall procure, and keep in full force and effect, all insurance policies required
by this section. At the time of initial registration, and upon renewal, a certificate of insurance
must be filed with the chief of police. The certificate must certify the type and amount of
insurance coverage and provide immediate notice to the chief of police prior to cancellation
or matedal change in the policy.
=c"_h auto wrecker as fo!!e';.'s: The City's Director of Risk Management shall establish the
minimum amount and type of insurance under the provisions of Section 17-15 of the Code of
Ordinances.
(d) Each auto wrecker must be insured so as to meet the requirements of all other applicable
statutes in addition to meeting the insurance requirements set forth in this article.
(-e~(d) An ~ permit issued under this article shall automatically be suspended
upon cancellation or expiration, for whatever reason, of any insurance required by this
section.
(~ S:id (e) The policies shall contain a clause naming the city as an additional insured. The
chief of police shall have authority to increase the above requirements upon th!ri',! {30) days'
wdtten notice to all owners.
(g) ~f~_An original renewal certificate of insurance shall be provided to the chief of police at
least fifteen-(15) days before the ending date of any insurance in effect for each owner.
Failure to comply will result in the owner being deleted automatically from the rotation list
until the next monthly rotation list is published following the receipt of said renewal certificate.
SECTION 14. Section 57-233, Code of Ordinances, is revised to read as follows:
Sec. 57-233. Suspension~ probation and revocation--Procedure, appeal.
(a) Notwithstanding any penal provisions contained in this Code, the chief of police
shall be authorized to revoke, er-suspend, or place on probation any auto wrecker o_r
rotation list permit for a violation of the state law, city ordinance or any other
regulations governing the operation of an auto wrecker,_if s=!d ':!c!=t!cn !s committed
by an auto wrecker owner, his agents or employees. Such suspension or revocation
or probation shall be made in accordance with the following procedures:
(1) Upon complaint against any owner agent or employee by any person, or upon his
own motion, charging a violation of any provision of any city ordinance, the regulations
governing auto wrecker permits, or any state Daw, the chief of police or his desi.qnee,
after giving five (-6-) days' notice of the grounds of such complaint to the owner against
whom the complaint is made, shall hold a hearing at which all persons with relevant
information regarding the complaint sh3!! may be heard. At the conclusion of said
hearing, the chief of police or his desi.qnee may issue a warning to the owner or he
may permanently revoke or suspend the permit or may put the permit on probation.
Previous warnings, probations or suspensions within the preceding two (2-) years may
be considered by the chief of police or his desi.qnee in making h!= the decision.
(2) If the chief of police or his designee suspends the permit, said suspension shall be
for a period of not more than ~'~" (50) days --r.d *~-~ '-~'~'-~'" ""~;"" ~" ~ ~'"~ If the
chief of police places a permit on probation, the pedod of probation shall be for not
more than six months, and the chief's action shall be final.
(3) If the chief of police or his designee revokes a permit permanently or suspends a
permit, he shall notify the owner in writing of the reasons therefor. S=!d The notice
shall be deemed sufficient if posted in the United States mail addressed to the owner's
business address as contained in the original application for a permit or the latest
renewal application fl~a~tewe.~)~. The owner shall have the right to appeal
within ten (10) days from the date of the notice of revocation by sending a letter
addressed to the m__.~.'cr City Manager stating that an appeal from the ruling of the chief
~-"'~ ~ -'"'~'~ "~ ~ "~:~'~ ~'~ '~"""~ is perfected, as
of police is desired. ~f an appeal ..........
herein provided, the ruling of the chief of police shall be suspending pending a hearing
,-~* ....... , ' h' i nee ~*" . .... The City Manager or his
by the v.,j .......City Mana.qer or ~s des .q . C,,,
desi.qnee shall promptly and within thirty (30) days, hear such appeal and shall either
sustain, modify, or revoke the ruling of the chief of police. If no appeal is taken from the
the v..j ........
ruling of the chief of police within the time provided in this section, or if
City ManaRer or his desiRnee does not hear the appeal within thirty (30) days from
receiving notice of appeal, the ruling of the chief of police shall be final and the permit
revoked or suspended. When a permit is re':c~.3d 3r.d uph3!d, revocation is upheld, the
owner shall remove the city permit number from the sides of all wreckers previously
permitted, within five (6) working days of such notification.
SECTION 15. Section 57-234, Code of Ordinances, is revised to read as follows:
Sec. 57-234. Same Waiting period after revocation.
No person, firm, partnership or corporation whose auto wrecker or rotation list permit has
been revoked shall be eligible to apply for a new autewvrer~-,er permit for a period of at least
one (-!-) year from the date of ..... revocation.
SECTION 16. Section 57-237, Code of Ordinances, is revised to read as follows:
Sec. 57.237. One company per business location.
Only one ~ permitted auto wrecker business and storage.facility may operate by any one
(4) business address and/or location, regardless of whether the same person, partnership, or
corporation owns moro than one (-1-) permitted auto wrecker business. If two (2-) or moro auto
wrecker businesses were in operation at the same business address and/or location prior to
March 8, 1988 they are exempted from this section. However, any owner whose auto
wrecker or rotation list.permit is suspended or revoked by the chief of police, who voluntarily
removes himself from the wrecker rotation list, or who fails to renew his permit shall lose the
exemption and may not resume auto wrecker operations at the same business address
and/or location as another permitted auto wrecker business. Each owner may only operate
auto wreckers which are permitted to him in response to any call for service from the Corpus
Christi police department.
SECTION t7. Section 57-238, Code of Ordinances, is revised to read as follows:
Sec. 57-238. Twenty-four hour service.
Each owner holdinR a rotation list permit shall maintain sufficient personnel and auto
wreckers to provide twenty-four-hour auto wrecker service under normal circumstances.
Each owner shall have at least one (4-) telephone number which is answered twenty-four-
hours a day, seven (7) days a week by that auto wrecker business at its business address
and/or location, without routing telephone calls through a switchboard. Routing telephone
calls through a switchboard shall be grounds for suspending or revoking the a~Ae-wrec:,ker
permit.
SECTION 18. Section 57-239, Code of Ordinances, is revised to read as follows:
Sec. 57-239. Vehicle storage facility; attendant at business address and storage area.
An auto wrecker rotation list permit shall be issued only to an owner who has a properly
zoned vehicle storage facility at its business address which meets the following
requirements:
/dl-) (a) The storage area shall be completely enclosed with a wire or wooden
fence at least six (6) feet in height or as required by the zoning ordinance,
whichever requirements are greater, including a gate which is locked at all times
the owner or an agent or employee is not at the storage area. The fence shall be
continuously maintained in good condition.
(2) (b)The storage area shall have an all-weather surface such as concrete,
asphalt, black-top, stone, macadam, limestone, iron ore, gravel, caliche, or shell
that allows for the delivery and release of vehicles in all weather conditions.
(3) (c) The storage area shall have a sign at the entrance which is clearly
readable from the street setting out the name of the auto wrecker business, the
street address, correct telephone number, and the hours vehicles will be
released to vehicle owners.
(4-) (d)The storage area shall have a sign setting out the per diem ch_arge for
storage and all other fees which may be charged by the owner. This sign shall
be cleady visible to a vehicle owner pdor to the payment of any fees.
(,5) (e)Owner shall maintain adequate illumination levels throughout the vehicle
storage facility which shall not be less than one-half (~/-z) foot-candles where the
vehicles are stored; one (-1-) foot-candles in the traffic lanes; and five (~) foot-
candles at the entrance.
(6) (f) Owner, his employee, or agent shall be at the auto wrecker business
address and shall have access to the vehicle storage facility, and all vehicles
stored there, during normal business hours.
.(~ Owner shall have a publicly listed phone which is answered at the business
address twe~ (24) hours a day seven (7) days a week using the name
permitted to owner. Use of an answering service which places the police
dispatcher on hold, or answering machine, is prohibited. Use of call forwarding
off-site is only permitted if the owner or auto wrecker is on-duty for receipt of
assignments.
.(_b.) The police dispatcher shall not be placed on hold to answer incoming calls.
Placing the police dispatcher on hold prior to obtaining all pertinent information
may subject an owner to being moved to the bottom of the rotation list at the
police chief's discretion.
(i) If an owner wishes to change the business address or phone number, that
owner must provide written notice to the police chief at least five (6) days after
the phone number is changed.
SECTION '19. Section 57-240, Code of Ordinances, is revised to read as follows:
Sec. 57-240. Inspection of vehicle storage place facility.
Pdor to the issuance of an auto wrecker rotation list permit, the chief of police or his desi.qnee
shall inspect the vehicle storage area to determine that it meets the provisions of section 57-
239 and that it is reasonably secured to protect stored vehicles against theft and vandalism.
He The inspector shall also check with the department of planning to ascertain whether the
storage area is located in a zoning district which allows auto wrecker businesses and vehicle
storage facilities.
SECTION 20. Section 57-241, Code of Ordinances, is revised to read as follows:
Sec. 57-241, Prerequisite to towing impounded or disabled vehicles.
(b) No auto wrecker shall winch, right, or tow any vehicle which exceeds the auto wrecker's
weight limitations, except in case of an emergency as determined by a certified peace officer
at the scene.
(~ (b) ~ Rotation list tow .~, ~=~ ...... + * .... =~ '"~=" *~ ......... '~" .... '~ .....*
~ Impounded vehicles towed by police-initiation off the rotation list shall be
taken to the city impound lot. Disabled vehicles sha~l be taken to the wrecker's vehicle stora.qe
facility. The auto wrecker dispatched for a ~ rotation list tow shall be the next
scheduled rotation wrecker, unless the owner or driver of the vehicle to be towed requests the
on-scene police officer to send another permitted auto wrecker prior to the time the next
scheduled rotation wrecker is dispatched to the scene.
(d) Consent tow ,~, ...... + + .... ; .... ~'~" +~'" c'""e' "' '~" ..... ; ....... ;""~"" ~"' +:'~ + ....
'~ ~-'+ The auto wrecker dispatched for a consent tow shall be the next scheduled
rotation wrecker unless the vehicle owner or driver:
(1) Personally calls an auto wrecker of his/her preference, or
(2) Requests the on-scene police officer to send another permitted auto wrecker=
P-prior to the time the next scheduled rotation wrecker is dispatched to the scene. A not-for-
hire wrecker belonging to the owner may be called by the owner for a consent tow.
(e) No vehicle shall be towed by an auto wrecker which does not display a Texas tow truck
plate, a Texas license plate, and a City of Corpus Chdsti wrecker permit decal.
(f) In a situation where safety or time dictates otherwise, the peace officer on the scene may
direct actions inconsistent with these requirements.
SECTION 21. Section 57-243, Code of Ordinances, is revised to read as follows:
Sec. 57-243. Dispatching in rotation.
(a) The police chief shall establish an equitable rotation list system of the owners holding
auto wrecker rotation list permits, where each owner is dispatched in rotation to the-s~ene-ef
an:...... ~~,.~ ~-~:~..l~l~,~l :,~hi~-Ia a police-initiated tow. No police officer or dispatcher shall
cause any auto wrecker to go to the scene of a disabled or impounded vehicle other than the
next scheduled rotation wrecker unless:
(1) The closest wrecker is sent because:
a. An extreme emergency situation exists where a human life is at stake; or
b. An accident has blocked a traffic lane on the Harbor Bridge, Nueces Bay Causeway, JFK
Bridge or causeway, Interstate Highway 37, State Highway 77, State Highway 286, State
Highway 358, State Highway 44/358 interchange, or the respective highway access road
intersections where traffic congestion is causing traffic to backup on those highways; or
(2) The owner or driver of a disabled or impounded vehicle wants to use another auto
wrecker than the next scheduled rotation wrecker and requests that company prior to the
next scheduled rotation wrecker being dispatched to the scene.
(b) If the owner or ddver of a disabled vehicle wants to use an auto wrecker company not on
the rotation list, the owner or ddver must contact that company directly but not through the
police officer or dispatcher.
(b) (c) No police officer shall suggest or recommend that the owner or ddver of a disabled
vehicle call any auto wrecker company other than the next scheduled rotation wrecker.
d~_)_However, in a situation where safety or time indicates otherwise, the peace officer on the
scene may direct actions inconsistent with these requirements.
SECTION 22. Section 57-245, Cede of Ordinances, is revised to read as follows:
Sec. 57-245. Responding to calls.
(a) Each owner on the rotation list shall have sufficient personnel and auto wreckers to
respond to all d!s"b!=d e; !mpc".".d=d v=h!c!= tow assignments given by the police
dispatcher. On the scene response time shall be prompt and shall not exceed 5h!.~.~,' (30)
minutes after the police dispatcher's notification of the assignment. On assi.qnments to
unusual IonR distance tow locations, response time shall be prompt but may exceed 30
minutes if due to distance traveled, heavy traffic, or other roadway conditions.
(b) The owner, his agent or employee shall not refuse an assignment except for safety
reasons or if all owner's auto wreckers are already performing tow work. If the owner, his
agent or employee refuses an assignment, he must notify the police dispatcher of the
reason. Documentation may be required if the reason is auto wrecker equipment failure or
prior tow work.
(c) If an owner establishes a pattem of not responding due to a lack of personnel or auto
wreckers, or a pattern of untimely response to assignments, the police chief at his discretion
may revoke or suspend or place on probation an owners auto wrecker rotation list permit.
(d) A revocation or suspension may be appealed in the manner set out in section 57-233.
SECTION 23. Section 57~247, Code of Ordinances, is revised to read as follows:
Sec. 57-247. Notice of location of storage facility.
.(A)_lf the oWner or driver of a disabled vehicle is at the scene and capable of receiving
information, owner shall notify the owner or ddver of the disabled vehicle, and give him or her
a fee schedule and a card which notifies him or her, that the disabled vehicle will be towed to
owner's vehicle storage facility unless the vehicle's owner or operator requests that the
vehicle be towed elsewhere.
(b) The card shall contain the business's name, address, phone number, hours during which
the vehicle can be reclaimed, and a statement that there will be charges for all services
provided.
(c) Failure to provide the card and fee schedule may result in revocation or suspension o...[r
probation of owner's auto wrecker or rotation list permit, which may be appealed ~s set out in
section 57-233.
SECTION 24. Section 57-254, Code of Ordinances, is revised to read as follows:
Sec. 57-254. Maximum auto wrecker service and storage fees.
The following towing fees shall be paid by the person reclaiming the ' '
towed vehicle .... ~h .... ~ ....... ~,,, ~ ~,,,,,~,,~ ,,,, ~,, ~, .... h~,-~ ~ ........;,,,,~,~ t~ ~ .....
/.~ k~ ........ * * ..... /; ...... '~'~ "~';"'=~ {a) Police-initiated non-consent rotation list tow
fees will be paid to the city at the city vehicle impound lot.
(_, .............. /'~;~"~"~'~ "~';~'~*~ (b) All other fees will be paid to the assi~ auto
wrecker company according to that company's policy.
................ ,. ........... ~ ..... (c) If a vehicle owner or operator has paid all applicable
fees and charfles and requests the release of a vehicle after an auto wrecker has affived at
the scene and started phys ca y attach nfl the vehicle to the auto wrecker, and before the
vehicle has bo~n towed from the location, the auto wrecker owner or driver shall release the
vehicle upon payment of a drop fee in lieu of a towin,q fee.
(4) (d) Maximum towing, stora.qe and administrative fees.
1_=. Al~ permitted wreckers other than rotation list Category B wreckers:
A. Normal rotation list non-consent tow (includes double hook up)... $50.0075.00
B. Private property impound.
.$85.o0
C. Drop fee ........................................................................... $35.00
2. D. Tire change rather than use dollies:
i.__One tire .................................................................... $15.00
ii.~_Two tires .................................................................. $20.00
3. D. Required use of do lies, go-jacks or skates .............................. 25.00 $30.00
4~--E. Additional labor such as winching for removal from a ditch or water, righting an
overturned vehicle or for similar unusual circumstances (all inclusive)... 20.00530.00
,~--F. Total maximum towing fee including the use of dollies and additional labor, but
excluding additional time at the scene and unusual distance... 95.00
rotation list tow ............................................................................ $135.00_
pdvate property impound tow .......................................................... $145.00
6. G. Additional fee for each half-hour or portion thereof at the scone in excess of one-half
hour not caused by delay on the part of the permit holder... ~",0.0015.00 per 30 minutes
.:7~-H. Unusual distanco charge:
i. Additional fee for a tow or .q nat n.q from the area within city limits west of Callicoate
Road to US 77 .................................................... $5.00
ii. Additional fee for a tow od.qinatin.q from US 77/IH 37 and from the area within city
limits west of US 77/IH 37 ................................................... $15.00
iii. Additional fee for a tow ori.qinatin.q from the area within city limits east of the JFK
Causeway to Fish Pass ..................................................... $5.00
iv. Additional fee for a tow od.qinatin.q from the area within city limits north of Fish
Pass to Port Aransas city limits ............................................ $15.00
8=-.I. Cleanup only, no tow required ............................................... 25.00 $35.00
2. Category B auto wreckers:
A. Normal c, enseRt-er non-consent tow (includes double hookup)... $-96-~30 $200.00
B. Additional labor such as winching for removal from ditch or water, righting an overturned
vehicle, pulling an axle or for similar unusual circumstances (all inclusive) at ,~::e.-.~' dc!!cm
($20.00) per fifteen-(15) minutes.
C. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour
not caused by delay on the part of the permit holder ..................... ~ .....50.00 per hour
(5) 3. Daily Storage fees:
sStorage for all or part of the first ....... , ....,24) hours, and for each subsequent ~
fcu;/,24) hour period or part thereof:
aA. Recovered stolen vehicles ................................................ $ 5.00
bB. Vehicles with rated capacity less than one (-1-) ton according to manufacturer's rating
(including but not limited to passenger cars, vans and pickup trucks with a capacity of less
than one ~ ton) .................................................................... 7.50 $15.00
eC. Vehicles with rated capacity of one (-1-) ton or more according to manufacturer's rating.
- !0 00 15-00
(6-) 4_~.Adm!.".!stmt!v= fo= fcr prc~=s!.".g =nd r=ccd= m=.-.'-g=m=.".t... $ ! ! .O,n. Preservation
fee for covedng broken/inoperable windows with plasticAape, or similar actions. Can be
charged only if actually performed; per window covered charge or use of a tarpaulin for
vehicle cover; maximum .......................................................... ~10,00
/r7-) 5__._. Notification fees for: vehicle re.q stration research (2~'~). certified letters, newspaper
advertisements and preparation necessary to inform the last registered owner and lien
holder(s). Can be charged only if actually performed a~)r-b~eelew ...... $32.00
(9) (e) Multiple vehicles.
1. When a vehicle and trailer are both towed by one (1) auto wrecker, only one (-!-) towing
fee shall be paid to the owner. If the vehicle and trailer are too large or too heavily loaded to
be safely towed by a single wrecker, another wrecker may be used and an additional fee
charged.
2.~_When more than one (~) vehicle is transported by one (-1-) auto wrecker, e.g., motorcycles
or parts of vehicles, only one (1) towing fee shall be paid to owner.
LO_Invoices.
al. Each customer invoice shall include the owner's company name, business address and
p~one number, permit number, name of the auto wrecker who performed the specific
assignment being invoiced, date and time of assignment, date and time assignment
completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an
itemized statement of charges. A fee schedule listing the maximum towing, storage, etc. fees
shall be attached to each consent tow invoice.
b2. The city shall provide each owner with the basic fee schedule copies to attach to the
consent tow customer invoices. Failure to attach the fee schedule shall be grounds for
revocation or suspension of owner's ~ permit, unless the vehicle owner or a,qent
consents to the omission,
e3. Each owner has one/~ or more auto wreckers permitted to him under an auto wrecker
permit number. Only service provided by an auto wrecker permitted under an auto wrecker o_r
rotation list permit number shall be invoiced by the owner, his agent or employee to that
permit; service provided under any other autewvre~ker permit number than the permit
number under which it is billed is in violation of this ordinance and shall be grounds for
revocation of the ~ permit.
d~l_. Each owner shall invoice the police department for non-consent (impound) tows, which
shall include an itemized statement of charges and an explanation of all charges above the
normal towing only fee.
5.__The chief of police will review each invoice and either approve or reject charges for
services rendered.
SECTION 25. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City of Corpus Chdsti
Code of Ordinances.
SECTION 26. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of this
ordinance be given full force and effect for its purpose.
SECTION 27. Publication shall be made in the official publication of the City of Corpus
Chdsti as required by the City Charter of the City of Corpus Chdsti.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This
James R. Bray, Jr.
City Attorney
__ day of ,2002:
By:
Steve Zastrow
Assistant City Attomey
Corpus Chdsti, Texas
day of ,2002
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 Scoff
orpus
Christi