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HomeMy WebLinkAboutAgenda Packet City Council - 12/17/2002CITY COUNCIL AGENDA "Corpus Christi Celebrating 150 Years" December 17, 2002 1:45 p.m. Certificates of Commendation presented to Vicente Carranza, Abel Alonzo, Judy Telge and David Ramos for the 2002 Thanksgiving Fund Raiser Swearing-in ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD DECEMBER 17, 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 dirigirse al Concilio y cree qua su inglds as limitado, habr3 un int6rprete inglds-espanol an todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend E.F. Bennett. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Agenda Regular Council Meeting December 17, 2002 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of December 10, 2002. (Attachment #1) F. 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. 2. Executive session pursuant to Texas Government Code Section 551.071 regarding the following construction contracts: Corpus Christi Animal Shelter and Vector Control Facility Re -Bid - Project No. 5117; Mustang Island Fire and Parks & Recreation Station - Project No. 5114; Improvements to Fire Stations (ADA - Coed) - Project No. 5115, with possible discussion and action related thereto in open session. 3. Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. Texas Municipal League Intergovernmental 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. 4. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting December 17, 2002 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 5. Executive session pursuant to Texas Government Code Section 551.071 regarding Corpus Christi's Sexually Oriented Business Ordinance, with possible discussion and action related thereto in open session. 6. Executive session pursuantto Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. 7. Executive session pursuant Texas Government Code Section 51.071 regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. G. BOARDS 8r COMMITTEE APPOINTMENTS: (Attachment # 8) 8. Community Youth Development Advisory Committee Electrical Advisory Board H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, • may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; ormay modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein forreconsideration 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 after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Agenda Regular Council Meeting December 17, 2002 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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) 9. Motion approving supply agreements with the following companies for the following amounts, for Reformulated Gasoline, Regular Gasoline, and Low Sulphur Diesel Fuel, in accordance with Bid Invitation No. BI -0017-03, based on low bid. The term of the supply agreements shall be for twelve months, with options to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. (Attachment # 9) Oil Patch Petroleum, Inc. Susser Petroleum Corpus Christi, Texas Corpus Christi, Texas Low Sulphur Diesel Fuel Reformulated Gasoline Regular Gasoline - Commercial Locations $706,976.21 $573,718.67 Grand Total: $1,280,694.88 10. Motion approving a supply agreement with Materials Handling Services, Corpus Christi, Texas, for improved right-of-way strip mowing in accordance with Bid Invitation No. BI -0002-03 based on low total bid for an estimated annual expenditure of $287,500.55. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve- month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 2002-2003. (Attachment # 10) 11.a. Ordinance appropriating $23,995 from the Fund Balance of the No. 1020 General Fund into the No. 1020 General Fund for purchase of EdgeCastNET System to produce and playback programming on Government Access Channel; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $23,995. (Attachment # 11) 11.b. Motion authorizing the City Manager or his designee to purchase an EdgeCastNET software system from Alpha Video, Inc., of Edina, Minnesota in the amount of $23,995 to allow the City of Agenda Regular Council Meeting December 17, 2002 Page 5 Corpus Christi's Public Information Office to produce and schedule programming for CCN (Government Access/Channel 20). (Attachment # 11) 12. Motion approving a maintenance agreement with Medtronic Physio -Control Corporation, of Redmond, Washington, for testing and calibrating of automatic external defibrillators for the Fire Department -EMS, based on sole source, for a total amount of $26,296. Funds have been budgeted by the Fire Department in FY2002-2003. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to enter into a three year lease with Xerox Corporation, of Austin, Texas, for twelve copiers, in accordance with the State of Texas Cooperative Purchasing Program for an estimated three year expenditure of $160,032.96. The copiers will be used by Police, Development Services, EOC, Museum and Animal Control. Funds have been budgeted by the using departments in FY2002- 2003 and will be requested for all subsequent budget years. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Amendment No. 8 in the amount of $165,665 with RVE Engineering, Inc., of Corpus Christi, Texas, for engineering services associated with Corpus Christi International Airport roadway and parking lot improvements. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute Amendment No. 13 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc., of Houston, Texas, in the amount of $363,158 for design and construction phase services associated with the build out of additional retail space, the Federal Inspection Station, and Transportation Security Administration offices for the Corpus Christi International Airport Terminal project. (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a consultant contract with Naismith Engineering, Inc., of Corpus Christi, Texas, for a total fee not to exceed $251,030 for the Clarkwood North Lift Station and Force Main. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 17, 2002 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner Moseley and Associates, of Corpus Christi, Texas, in the amount of $124,380 for the Southside Gas Transmission Main, Park A - Oso Creek Crossing at South Staples Street. (Attachment # 17) 18. Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner Moseley and Associates, of Corpus Christi, Texas, in the amount of $282,700 forthe Corpus Christi Ship Channel Utility Crossing. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas, in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute a consultant contract with Smith, Russo and Mercer of Corpus Christi, Texas, for a total fee not to exceed $256,600 for the Oso Water Reclamation Plant Structural/Process Improvements - Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser. (Attachment # 20) 21.a. Ordinance appropriating $15,629 from Barclay Grove Unit 7 Developer's Contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130 which appropriated the Trust Funds by adding $15,629 to the No. 6010 Drainage Channel 31 Trust Fund. (Attachment #21) 21.b. Motion approving payment of $15,629 developers contribution from Barclay Grove Unit 7, from the No. 6010 Drainage Channel 31 Trust Fund to Mark Bratton, Trustee, for disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. (Attachment #21) 22.a. Motion authorizing the City Manager or his designee to accept a $8,109.64 grant from the Federal Emergency Management Agency (FEMA) for the repairs to the Salt Water Barrier Dam Agenda Regular Council Meeting December17,2002 Page 7 22.b. 23. 24. 25.a. 25.b. 25.c. 25.d. 25.e. caused by the July 2002 floods, with a City match of $2,422.36 in the No. 4010 Water Fund. The total project cost is $10,532. (Attachment # 22) Ordinance appropriating $8,109.64 from the Federal Emergency Management Agency in the No. 4010 Water Fund for repairs to the Salt Water Barrier Dam caused by the July 2002 floods. (,Attachment # 22) Motion authorizing the City Manager to execute an agreement with the Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. (Attachment # 23) Motion approving the allocation of $92,500 to fund a total of 17 arts and cultural organizations for arts projects for FY2002-2003. General Fund and Hotel-Motel Tax funding is authorized in the F¥2002-2003 Budget. (Attachment # 24) Motion authorizing the City Manager or his designee to accept the Notification of Intent to contract with the Area Agency on Aging for the continuation of the Eldedy Nutrition Program grant for FY2003. (Attachment # 25) Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $219,600 and execute a contract with the Texas Department of Human Services for the FY2003 Title XX Meals on Wheels Program. (Attachment # 25) Ordinance appropriating a grant in the amount of $219,600 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the Title XX Meals on Wheels Program. (Attachment # 25) Motion authorizing the City Manager or his designee to accept an additional $20,160 from the Texas Department of Human Services for the FY2002 Title XX Meals on Wheels Program. (Attachment # 25) Ordinance appropriating a grant in the amount of $20,160 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the FY2002 Title XX Meals on Wheels Grant Period. (Attachment # 25) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December17,2002 Page 8 25.f. 25.g. 25.h. 26. 27. 28.a. Motion authorizing the City Manager or his designee to accept an additional $14,158 from the Area Agency on Aging for the FY2002 Eldedy Nutrition Program. (Attachment # 25) Ordinance appropriating a grant in the amount of $14,158 from the Coastal Bend Council of Governments - Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the FY2002 Elderly Nutrition Program Grant Period. (Attachment # 25) Ordinance transferring $829,144 from the No. 1020 General Fund to the No. 1050 Federal/State Grants Fund; appropriating $829,144 in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program. (Attachment # 25) Ordinance transferring $70,539 from the No. 1020 General Fund to the No. 1050 Federal/State Grants Fund; appropriating $70,539 in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program and related grant projects in the Park and Recreation Department. (Attachment # 25) Ordinance approving the sale of a former City park known as Tuloso Park with platted description of Lot 38R, Block 1, Tuloso Estates Subdivision, located on Timberline Drive for $30,500 received by Flint Hills Resources, LP by sealed bid and authorizing the City Manager or his designee to execute a Special Warranty Deed for the sale and conveyance of the subject property. (Attachment # 26) Resolution authorizing the City Manager or his designee to execute an I ntedocal Cooperation Agreement with Tuloso-Midway Independent School District for the construction and operation of two playgrounds. (Attachment # 27) Ordinance appropriating an additional $40,000 from the Coastal Bend Bays and Estuaries Program in the No. 1050 Federal/State Grants Fund for Corpus Christi Beach Shoreline Stabilization - Habitat Creation Project. (Attachment # 28) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December17,2002 Page 9 28.b. 29. 30. 31. 32. Motion authorizing the City Manager or his designee to execute a construction contract with Paula Construction, Inc., of Cleveland, Texas, in the amount of $124,591.95 for the Corpus Chdsti North Beach Shoreline Protection/Habitat Restoration. (Attachment # 28) Resolution authorizing the City Manager or his designee to apply to the Cdminal Justice Division of the Governor's Office for a one- year, $250,000 Title V Delinquency Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at- risk youth. (Attachment # 29) First Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the five Rental Car Concession Lease Agreements with Southwest Texas Leasing Company, Inc. dba Advantage Rent-A-Car, Inc., Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc. dba Hertz Car Rental allowing for the collection of a Customer Facility Charge in an amount not to exceed $1.00 per rent car contract day to reimburse and pay for capital improvement projects approved by the Director of Aviation at the Corpus Christi International Airport. (Attachment # 30) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as Corpus Christi City By the Sea Gids 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. (First Reading - 11/12/02) (Attachment # 31) Second Reading Ordinance- Authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as South Texas Pop Wamer Youth Football Central Corpus Christi Association for the use of a portion of Botsford Park for its football program and in consideration of South Texas Pop Warner Youth Football Central Corpus Christi Association maintaining the premises and improvements. (First Reading - 11/12/02) (Attachment # 32) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 17, 2002 Page 10 33. 34. 35. Second Reading Ordinance - Amending the Zoning Ordinance by amending Article 24, Height, Area and Bulk Requirements by adding a category for One-Family Dwelling on Padre and Mustang Barder Islands in an "AT" Apartment Tourist District; by including in this category the following minimum requirements: 20-foot front yard, 5-foot side and rear yards, 25 percent yard open space, 5,000 square foot lot, and 50-foot lot width; and maximum requirements: none for height, 43,560 square foot floor area per acre of lot area, 1.0 floor area factor, and 8.72 units per acre. (First Reading - 12/10/02) (Attachment # 33) Second Reading Ordinance -Approving the FY2002-2003 Capital Budget in the amount of $229,913,200. (First Reading - 12/10/02) (Attachment # 34) PUBLIC HEARINGS: (APPROXIMATELY 2:00 P.M.) ZONING CASES: Case No. 1102-01, Braselton Land Ventures, Inc.: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres and .44 acres out of Lots 13 and 14, located on the north side of Wooldddge Road, approximately 1,650 feet east of Aidine Road. (Tabled on 12/10/02) (Attachment # 35) Planninq Commission's and Staff's Recommendation: Approval of the "R-lC" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application by the Braselton Land Ventures, Inc. by changing the zoning map in reference to 27.896 acres and .44 acres out of Lots 13 and 14, Section 19, Flour Bluffand Encinal Farm and Garden Tracts, from "F-R" Farm-Rural Dwelling District to "R-lC" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting December17,2002 Page 11 36. 37. 38. Case No. 1102-02, Richard P. Hesse: A change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business Distdct on Flour Bluff and Encinal Farm and Garden Tracts, Section 25, being 9.8005 acres out of Lots 15 and 16, located on the northeast comer of Rodd Field Road and Yorktown Boulevard. (Attachment # 36) Planninq Commission's and Staff's Recommendation: Approval of a "B-A" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Richard P. Hesse by changing the zoning map in reference to 9.8005 acres out of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from "F-R" Farm-Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1102-04, Brighton Park Associates: A change of zoning from a "F-R" Farm-Rural District to a "B-I" Neighborhood Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 20, being 5.014 acres out of Lots 13, and 14, located on the west side of Aidine Road, approximately 650 feet south of Downing Street. (Attachment # 37) Plannina Commission's and Staffs Recommendation: Approval of a "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Brighton Park Associates by changing the zoning map in reference to 5.014 acres out of Lots 13 and 14, Section 20, Flour Bluff and Encinal Farm and Garden Tracts from "F-R" Farm-Rural District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1102-05, David W. & Elaine R. Hoffman: A change of zoning from a "R-lB" One-family Dwelling Distdct to a "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December17,2002 Page 12 on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. (Attachment # 38) Planninq Commission's and Staff's Recommendation: Approval of a "RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance upon application by David W. and Elaine R. Hoffman by changing the zoning map in reference to 10 acres out of Lot 31, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1B" One-family Dwelling Distdct to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CORPUS CHRISTI RENEWAL COMMUNITY REVITALIZATION: 39.a. Public Hearing to consider, prioritize and nominate applications for the Corpus Chdsti Renewal Community Commercial Revitalization Deduction allocations. (Attachment # 39) 39.b. Resolution adopting the Corpus Chdsti Renewal Community Tax Incentive Utilization Plan. (Attachment # 39) PRESENTATIONS: Public comment will not be solicited on Presentation items. 40. Presentation on Time Warner's response to concerns from several Channel 10 public access producers regarding recent failure to broadcast tapes. (Attachment # 40) L= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 41.a. Ordinance appropriating $49,575,939 in the No. 3275 Arena 2002 Capital Improvement Programs Fund from the proceeds of the Sales Tax Revenue Bonds, Series 2002, to fund the construction of the arena. (Attachment # 41) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December17,2002 Page 13 41.b. 42. 43. 44. 45. 46.a. Motion authorizing the City Manager or his designee to execute a construction contract with Fulton-Coastcon Corporation, Joint Venture of Corpus Chdsti, Texas, in an amount not to exceed $34,323,798 for the Multi-purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements. (Attachment # 41) Motion authorizing the City Manager or his designee to execute a consultant contract with J. Quad & Associates of Dallas, Texas for a fee not to exceed $90,000 for the preparation of the FY2003-2007 Consolidated Plan and optional Neighborhood Revitalization Strategy for the Cityof Corpus Chdsti. (Attachment # 42) Motion authorizing the City Manager or his designee to execute a one-year contract with option of three one-year renewals for auditing services with Fluesche, Van Beveren, Kilgore, PC, of Corpus Christi, Texas at a rate not to exceed $175 per hour. (Attachment # 43) Resolution amending the City Investment Policy to increase maximum amounts allowed in local government investment pools from $50,000,000 to $65,000,000; allowing for up to a two-day increase in maximum amount upon notification to investment committee; and adopting the Investment Policy as amended. (Attachment # 44) Ordinance approving assignment of the "Lease Agreement" (Ordinance No. 022967) to WD Sports Texas, Inc. (Attachment # 45) Ordinance appropriating $720,645 in interest earnings from the 2001 Street Capital Improvement Bond Fund No. 3540 into Fund No. 3540 (Project No. 200350) for the South Staples Street Resurfacing Project from Goliihar Road to Williams Drive; amending Ordinance No. 024730 which adopted the FY2001- 2002 Capital Budget by increasing appropriations by $720,645. (Attachment # 46) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December17,2002 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 46.b. 47. 48. Motion authorizing the City Manager or his designee to execute a construction contract with IHS Construction, Inc. of Corpus Christi, Texas, in the amount of $1,772,146.99 for Street Resurfacing on South Staples Street from Gollihar Road to Williams Drive. (Bond Issue 2000) (Attachment # 46) Motion authorizing the City Manager or his designee to execute an engineering services contract with Carollo Engineers, P.C., of Phoenix, Arizona, in the amount of $743,470 for the Padre Island Desalination Facility Project. (Attachment # 47) Resolution authorizing an amendment to Articles of Incorporation of the North Padre Island Development Corporation. (Materials will be provided before the Council Meeting 12-17-02) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se didge a la junta y cree que su ingl&s es limitado, habr~ un int&rprete ingl~s-espa~ol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting December 17, 2002 Page 15 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 concems; 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. 49. CITY MANAGER'S REPORT 50. 51. 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 ~ p.m., December 13 ,2002. Armando Chapa City Secretary The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES ~CONTINU1NG PRIORITY ISSUES Airoort / Seawall / Convention Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bo~d,]~s~ue lmnrovements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to thc Community"). · Continue community involvement on issues such as Leopard Street improvements. priv9fi~ation / Re-En~ineerin~ · Clearly define "pfivatization' and "re-engineering." · Make decision~ regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be pfivatized. · Continu~ 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 Oppor~anifies United and other youth crime inifiatives~ Emnlovee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Ego~omic D~velopment ~,alcs T~X · Establish election date. NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation pltms for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma stet Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown/South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan Storm Water Utility · Reconsider implementation plan for a Storm Water Utility. · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landffil · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privafizafion. lntemet · 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. Fros$ Bank Building, · Lease and complete renovation Annexation Plan * Implement current island annexation plan ADA Trausitign plan · Develop and approve ADA Transition Plan within 90 days. Redistrietine · Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval CouncO AeOon Items · Staff completes action requests in a timely manner. C~ty/.CountY. Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketing of Cc Mnsg#~ and Columbus Shins · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fie. mt Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Impmvemem Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 10, 2002 - 12:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Javier D. Colmenero Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Cit~ Staff.' City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Seereta~ Annando Chapa First Assistant City Attorney Jay Reining Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of CityHall. The invocation was delivered by Rev. Daniel Sanchez, Glory Full Gospel Church, and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the workshop meeting of November 18, 2002, regular meeting of November 19, 2002, and special meeting of November 26, 2002. A motion was made and passed to approve the minutes as presented. 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 Corpus Christi's Sexually Oriented Business Ordinance. Executive session pursuant to Texas Government Code Section 551.071 regarding Second Baptist Church of Corpus Christi, Texas v. City of Corpus Christi, No. 00-6895-A, 28~ District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94~ District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107a 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. Council Member Kelly made a motion to hire an independent counsel who is acceptable to city staff and the potential plaintiffs in the lawsuit to render an opinion in executive session to the City Council regarding the current state of laws governing sexually oriented businesses and how it affects the city's existing ordinance. Mr. Kelly's motion was seconded by Council Member Longoria. Minutes - Regular Council Meeting December 10, 2002 - Page 2 Council Member Kinnison said he objects to the part of the motion stipulating that the business owners must also agree to the selection of the attorney. Mr. Kelly said that provision is meant to guarantee that they receive an independent opinion. He said he is anticipating that there will not be a problem with the selection process. Mayor Neal said he will support Mr. Kelly's motion on two conditions: that it is a non- binding opinion and that the attorney's selection is not subject to approval by either party; rather, that the Council select the attorney. Mr. Kirmison said he agrees with Mayor Neal. Mr. Kelly said he agrees with the Mayor's first condition but he feels his selection method allows for a much less political decision by taking it out of the Council's hands. Council Member Chesney said he is supportive of Mr. Kelly's motion and initially supportive o fthe mutually agreeable selection process but he does not want it to stall. Mr. Kelly said he supports the Mayor's proposed amendment stipulating that the attorney's opinion not be binding but he still proposes that both parties select the attorney. City Secretary Chapa polled the Council for their votes on the motion and it passed as follows: Chesney, Colmenero, Kelly, Longoria, and Noyola voting "Aye"; Neal, Garrett, Kinnison and Scott voting "No." City Manager Garcia asked if the Council is going to directly select the attorney. Mr. Kelly replied that under his proposal, city staff will meet with the attorneys for the potential plaintiffs to select an attorney whom both parties agree is independent. Then the Council will actually hire that attorney. Mr. Reining asked if a copy of the attorney's opinion will be given to the potential plaintiffs' attorneys. Mr. Kelly replied that it will be for the Council's information only. Mayor Neal asked if there are any time limitations. Mr. Kelly said it is reasonable for the Council to expect that it be done in a timelymanner. Mr. Garcia said city staff have a list of attorneys that they have consulted with and they can provide that to the Council, who can ask that a similar list be provided by the topless bar owners; then the Council can make a choice. Mr. Kelly said that is one way to do it. Mr. Garcia said staff can provide that information next week. Mayor Neal referred to Item 6 and the following board appointments were made: C.C. Regional Economic Development Corp. Board Edward Martin (Reappointed) Gloria Perez (Reappointed) Joe Elizondo Eugene C. Guernsey Sister City Committee Cruz Colomo Regis Barber Neva Jean Honeycutt Nancy Glenn Reynolds Oil and Gas Advisory Committee Charles West (Reappointed) Don Kersting (Reappointed) Citizens Advisory Health Board Blanca Rosa Garcia (Reappointed) Larry Bittle Comus Christi Convention and Visitors Bureau Board Tomas Duran Minutes - Regular Council Meeting December 10, 2002 - Page 3 Mayor Neal opened discussion on Item 19, Economic Development Office. City Manager Garcia explained that the 4A Board is currently responsible for the administration of the seawall and arena initiatives. In November 2002, voters also approved a 1/Sth cent sales tax increase for economic development, $500,000 per year for affordable housing, and a new baseball stadium, which the 4A Board will also oversee. Consequently, the board will need additional staffing assistance to support these activities. Mr. Mark McDaniel, Director of Management and Budget, referred to page 182 in the agenda packet to discuss the fimding sources for the Economic Development Office for the corresponding estimated expenditures for the seven months in FY2002-03 ($99,976) and the proposed expenditures for FY2003-04 ($175,752). He said the personnel would consist of a director and a senior management assistant; in addition, there would be one-time costs for office equipment. Mr. McDaniel said the funding would be allocated in the same way as the funding for the Corpus Christi Regional Economic Development Corporation (EDC): 56% fi.om the combined utilities and 44% fi.om tho. General Fund. He said there is contingency funding in the General Fund to cover the current year and next year it will come before the Council as part of the budget. Council Member Scott said he was not aware that the Economic Development Office would also be responsible for the administration of the renewal community. Mr. McDaniel said that currently Ms. Patricia Garcia has not been able to focus as much on city grant writing because almost all of her time has been spent on the newly established renewal community. Mr. Garcia said that many existing businesses in the renewal community boundaries have expressed interest in taking advantage of the tax credits, which is a very time-consuming process. Mr. Scott said he wants to ensure that this office enhances the EDC's efforts and Mr. Garcia said these employees will work closely with the EDC personnel. Council Member Kinnison asked if 4A monies can be used to reimburse some of the Economic Development Office's expenses. Mr. McDaniel said city staff will look into that possibility for next year's budget. Mayor Neal called for public comment. Mr. J.E. O'Brien, 4130 Pompano, said the city continues to increase its spending and is adding another layer of bureaucracy. He questioned whether this department will duplicate the work currently being done by the EDC as well as the method of financing the office. He said residents' utility rates continue to increase while utility revenues fi.om 1997 to 2001 increased over 49%. However, the population during that time flame decreased about 3%. He asked if the funding should be spread over other enterprise funds and he questioned what memberships are included in the $1,000 cost. Mr. Kinnison said the Council has instructed staff to look for reasonable ways to allocate the costs for this office. He said this year's fimding is just to get the office started. He also said the utility revenues f~om 1997 to 2001 were driven by the cost of gas and other external costs that were passed along to the customers. Mr. Garcia said the key to economic development efforts is the ability to deliver utilities to new businesses. He said this is a marketing effort for the city that hopefully will result in increased revenues and decreased burdens on homeowners as larger employers locate here. Mr. Abel Alonzo, 1701 Thames, said he strongly supports this recommendation because it Minutes - Regular Council Meeting December 10, 2002 - Page 4 is a good way to even out the tax burden among the community by increasing the population. He thanked them for working to improve economic development, saying that both the Council and staff are twing their best to move forward. He said the community will not grow without paying the price for that growth. Council Member Kelly asked if the Economic Development Office will be able to promote the housing initiatives. Mr. Garcia said while the director and assistant will be very busy, key to their .duties will be implementing the affordable housing program, which he explained. Mr. Kelly said he ~s .tr~i. 'ng to target some of the city's older neighborhoods where good houses can be acquired at very mlmmal rates. Council Member Longoria asked if the recently approved sales tax initiative will nm parallel to the HOME program, which currently has all the manpower. Mr. Garcia said there are restrictions associated with what that money can be used for; however, he said they hope to have increased flexibility with these programs. Mr. Longoria said staff needs to cut down the qualification time line. City Secretary Chapa polled the Council for their votes as follows: 19. M2002-406 Motion approving the creation of the City of Corpus Christi Economic Development Office. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 20, FY2002-03 capital budget. City Manager Garcia explained that the City Charter requires that staffprcsent the Council with a capital improvement program (CIP) that outlines the capital budget, which specifies the projects planned for the current year as well as projecting future expenses. He noted that the city's needs are far in excess of the ability to fund them. He said staff has made changes to the proposed CIP, including increasing the amount of stormwater funding. Using a computer presentation, Mr. McDaniel reviewed the proposed capital budget. With regard to the short-range CIP (which incorporates the first three years of the 1 l-year plan), staff added additional commercial paper revenues to fund additional utility projects. Also, there are sales tax revenues pursuant to the passing of those initiatives in November 2002. The short-range expenditures reflect an additional $10 million in year 3 (FY2004-05) because the Padre Island desalination project has been moved forward. There are also utility improvements related to marina development ($1.2 million) and the baseball stadium ($1.6 million), as well as the addition of the housing initiatives ($500,000 each in years 2 and 3) and the stadium ($15 million in year 2). Mr. McDaniel then discussed capital projects in several different funds. In the Airport short- range CIP, the major projects are the completion of the terminal constmction in the current fiscal year as well as the landside roadway system construction. The largest project in that department's long-range CIP is the nmway extension. He noted that all those projects are subject to future Federal Minutes - Regular Council Meeting December 10, 2002 - Page 5 Aviation Administration discretionary funding. The next department addressed was Park and Recreation. Mr. McDaniel said all of the short-range projects (several smaller ones) are in year 1; in addition, a few projects have been added to the long-range list, most of which will be funded through a bond issue. The Budget Director said the Public Facilities short-range CIP includes the multi-purpose arena facility, Bayfront Plaza Convention Center expansion, baseball stadium, affordable housing initiatives, and ADA 2002 facility improvements, which encompass all of the facility needs that were identified in an earlier draft of the ADA transition plan. He said the Public Facilities long-range projects could include a library expansion, Memorial Coliseum improvements, and others. With regard to Public Health and Safety, Mr. McDaniel said the short-range CIP includes the next phases of the seawall, sidewalk and marina bulkhead project as well as Packery Channel, Phase I of the public safety training facility, and finish-out of Phase 1 of the Animal Control facility. The long-range plan includes Phase 2 of the public safety training facility, a potential new fire station in the vicinity of Yorktown and Staples or Cimarron, and a police station expansion when the need arises, which will likely require future bond elections. Mx. McDaniel said the short-range CIP for Streets is primarily a continuation of the Bond 2000 projects and related utilities. He said there are 64 projects identified in the Streets long-range CIP totaling about $488 million, which does not include any associated utility relocations. In addition, Engineering Scnvices has prioritized ADA improvements (curb cuts) by type of streets. He said that Assistant City Manager Margie Rose and Mr. Angel Escobar, Director of Engineering Services, have communicated that information to the Committee for Persons with Disabilities and they endorse the proposal. In the Gas Department, Mr. McDaniel said the short-range CI~ contains the southside gas transmission main (Parts A, D and E), while the long-range plan contains the balance of that project (Parts B, C and F) as well as the compressed natural gas station. He said the Stonnwater short-range CIP now includes $5 million per year (for a total of $15 million for the three years) that was not previously budgeted. He said those funds will be used for unidentified, unprioritized projects. Mr. Kinnison asked about the time line for bringing those project recommendations to the Council. Mr. Escobar said they should have it by the end of January 2003. Mr. Scott said projects that are on the long-range CIP, such as the Meadowbrook Subdivision drainage improvements, could be moved up. Mr. Kinnison asked how the $5 million per year affects the utility rates. Mr. McDaniel said it would involve 4% utility rate increases for the next three years (the current year contains 5% utility rate increases). Mayor Pro Tem Colmenero commented that Mayor Neal had to leave the meeting. He then asked about the Stormwater long-range CIP and Mr. McDaniel said it consists of a total of $55 million for the 11 years, although $68 million worth of projects are listed. He pointed out that what is not factored in is the upgrade of the design standards (level of protection), which could result in cost increases of 30% to 50%. In addition, the utility relocations are not included and additional projects may be added since the stormwater master plan is not completed. Mr. Scott added that the trust fund concept is not yet funded. Mr. Escobar said staff will bring recommendations to the Council on the design standards in mid-Janua~. Minutes - Regular Council Meeting December 10, 2002 - Page 6 Council Member Kelly noted that the stormwater master plan is not scheduled to be completed until August 2003. He said there is an opportunity now to get some land drained south of Leopard Street and south of FM 624 with the current road projects. He said those ditches need to be identified and the property owners contacted so the ditches can be constructed in conjunction with the road projects. Mr. Escobar said staff is identifying the ditch width to accommodate the needed drainage as well as the property owners. Mr. Scott asked if staff will bring an allocation for the txust fund scenario. Mr. Kinnison said he thought that staffdid not endorse that concept. Mr. Scott said the presentation included a series of meetings with the development community that was supportive of the total concept, which incorporates increased levels of protection and a funding mechanism for the off-site development costs. Mr. Garcia said the trust fund was designed as a way to provide resources for the city, in advance of development pressure, to incur expenses in order to preserve what would be future drainage channels. A brief discussion ensued. Mr. Garcia pointed out that there are several areas in the city that do not have adequate drainage because the city never acquired the necessary land to provide drainage. Mr. Scott asked what the development community agreed to. Mr. Escobar said that during the Council's November 18, 2002 workshop on stormwater issues, staff presented the recommendation of the Technical Advisory Group (TAG), which was that the city participate in the off-site drainage improvements. He said the developers would be willing to provide the additional rinds to build the larger pipes and more inlets within the subdivisions. Mr. Escobar added that it is very important to reach agreement early next year on the level of protection issue because it impacts the rest of the stormwater discussions. Mr. Kinnison said the TAG's recommendation would be a dramatic change because it would involve more costs being shitied fi.om home builders to the city. The next department discussed by Mr. McDaniel was Wastewater. He said the short-range CIP contains 46 separate projects while the long-range plan also contains several projects as well as the Broadway Treatment Plant construction (at $47 million alone). The largest cost in the Water short-range CIP is for various phases of the southside transmission main, which is also included in the long-range portion. Responding to Mr. Scott, Mr. Escobar said staff believes they can postpone the extension of the southside transmission main across the Laguna Madre because the need is not yet there; however, eventually the secondary feed will be needed. Mr. Garcia said that next week the Council will consider a consultant contract for the Padre Island desalination project. Mr. McDaniel said the Water Supply short-range CIP includes $10 million for land acquisition, routing plan and design of the Garwood pipeline (but not construction); in addition, the Padre Island desalination facility is included in FY2004-05. The Water Supply long-range plan consists only of the Garwood pipeline at $88 million, which was moved from year 25 to year 11. Mr. Scott asked when the desalination facility can be expected to be operational. Mr. Escobar said the aquifer assessment should be brought to the Council in March 2003. He said the proposed contract stipulates that there will be reliable service to Padre Island no later than the end of 2005. Mayor Pro Tern Colmenero called for public comment. Minutes - Regular Council Meeting December 10, 2002 - Page 7 Mr. J.E. O 'Brien questioned the proposal to include $10 million in the CIP for the Garwood project. He said city staffuses the utility rate model to justify rate increases. He said the city recently paid for a study that showed there is ample water for 36 to 48 years. He said that the Garwood project will increase the raw water costs, which impacts users' utility rates. Mr. O'Brien said he does not think the cost of gas had that much influence on the excessive rate increases. Responding to a question fi.om Mayor Pro Tem Colmenero, Mr. McDaniel said that water planning involves several years, particularly because it requires land acquisition and studies. He noted that the raw water cost is passed on to water users outside the city limits as well. Assistant City Manager Ron Massey said that if Corpus Christi does not utilize its water fights, the city has less of an argument to defend those rights if there are any legislative changes. He said the idea is to only invest to the extent of protecting the city's water rights until the water actually needs to be brought here. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Ordinance approving the FY2002-2003 capital budget in the amount of $229,913,200. The foregoing ordinance passed on first reading by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tern Colmenero referred to Item 17, a presentation regarding the 14~ Annual "Feast of Sharing" HEB holiday dinner. Ms. Diana Garza, Assistant to the Mayor, said the dinner will be held fi.om 11 a.m.-3 p.m. on Christmas Eve at the Bayfi'ont Plaza Convention center. Commenting on different aspects of the event were James Bumett, HEB; Cathy Coons, Volunteer Center; Leticia Ochoa, Senior Community Services; and Dee Haven, General Food Chairman. Also present was Terri Cardona, Bayfi.ont Plaza Convention Center. Mayor Pm Tem Colmenero called for consideration of the consent agenda (Items 7-14). There were no comments from the Council or the audience. City Secretary Chapa polled the Council: 7. M2002-400 Motion approving a supply agreement with Altivia of Houston, Texas in accordance with Bid Invitation No. BI-0016-03, for approximately 1,080 tons of liquid chlorine based on low bid for an estimated annual expenditure of $268,920. The term of the agreement shall be for twelve months with an option to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted in FY 2002-2003 by the Water Department. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Minutes - Regular Council Meeting December 10, 2002 - Page 8 Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 8. M2002-401 Motion approving a supply agreement with Comlink Wireless Technologies, Inc., of Grapevine, Texas for two-way radio batteries in accordance with Bid Invitation No. BI-0131- 02, based on low total bid for an estimated annual expenditure of $50,851.16. 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. The batteries are used by various City departments. Funds have been budgeted in FY 2002-2003 by the using departments. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kiunison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 9. M2002-402 Motion approving a supply agreement with SBC of Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $70,445.64. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-months periods subject to the approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kiunison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 10. RESOLUTION NO. 025123 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $57,060 to the State of Texas, Criminal Justice Division for Year 4 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. ll.a. M2002-403 Motion adopting the timetable for the FY2003 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investments Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinrfison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. Minutes - Regular Council Meeting December 10, 2002 - Page 9 11.b. M2002-404 Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 21901). The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 12. M2002-405 Motion granting a permit to Sabco Operating Company to drill an oil or gas well located approximately six (6) miles seaward of the Corpus Christi Marina in Corpus Christi Bay, State Tract 53. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 13. RESOLUTION NO. 025124 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of$131,018 to the State of Texas, Office of the Governor, Criminal Justice Division, for funding eligible under the FY2002 Juvenile Accountability Incentive Block Grants Program to fund a program to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 14. ORDINANCE NO. 025125 Ordinance approving the sale of surplus houses to be moved and authorizing the City Manager or his designee to execute an earnest money contract and bill of sale for all surplus houses available to be sold by sealed bid in connection with the McArdle Road street improvement project, Phase 3. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. Mayor Pro Tem Colmenero referred to Item 15 as follows: 15. Case No. 1102-01, Braselton Land Ventures, Inc.: A change of zoning from a "F-R" Farm- Rural District to a "R-1C" One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres and .44 acres out of Lots 13 and 14, Minutes - Regular Council Meeting December 10, 2002 - Page I0 located on the north side o fWooldridge Road, approximately 1,650 feet east of Airline Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R 1 ...... - C One-familyDwellmgD~stnct. HesaidMr. DavidUnderbrinkofNaismithEngineefinglnc. submitted a letter requesting that this zoning case be tabled until December 17, 2002. Mayor Neal returned to the meeting and a motion was made, seconded and passed to open the public hearing on Item 15. Mr. Garrett made a motion to table Item 15 to December 17, 2002; seconded by Mr. Kinnison and passed. 15. TABLED Mayor Neal referred to Item 16 regarding proposed amendments to Article 24 of the Zoning Ordinance. A motion was made, seconded and passed to open the public hearing. There were no comments from the public. Mr. Scott made a motion to close the public hearing, seconded by Mr. Noyola and passed. City Secretary Chapa polled the Council for their votes as follows: 16.b. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by amending Article 24, Height, Area and Bulk Requirements by adding a category for One-Family Dwelling on Padre and Mustang Barrier Islands in an "AT" Apartment Tourist District; by including in this category the following minimum requirements: 20-foot front yard, 5-foot side and rear yards, 25 percent yard open space, 5,000 square foot lot, and 50-foot lot width; and maximum requirements: none for height, 43,560 square foot floor area per acre of lot area, 1.0 floor area factor, and 8.72 units per acre. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to Item 18, the 2002 citizen survey results. Mr. McDaniel said the survey was conducted by Dr. Dan Jorgensen, Assistant Professor of Public Administration at Texas A&M University-Corpus Christi, who introduced his graduate assistant, Ms. Adriana Salazar. Dr. Jorgensen said this year's surveywas conducted via the telephone from September 3-25, 2002, by TAMU-CC students under his and Ms. Salazar's direction. He said there were initially 34 Minutes - Regular Council Meeting December 10, 2002 -Page 11 questions which covered services and quality of life issues. Those questions were included in previous city surveys conducted in 1994, 1998 and 2001. He said the 2002 survey also included questions with regard to citizens' attitudes toward city workers and their performance, planning issues regarding a possible 2004 bond issue, and general demographic information. Dr. Jorgensen said the purpose of the survey was to report citizens' attitudes toward the performance of: public safety, transportation, parks and recreation, housing, public health and social services. He said the respondents' demographics were very similar to those of the city in general, which results in a 95% confidence level and 4½ percentage points plus or minus that this is a very reliable survey. He said that 67% of those who responded felt the overall quality of the services they were receiving from the city were "good" to "excellent." Dr. Jorgensen said the departments with the highest levels of satisfaction for 2002 were: fire protection, 86%; providing water services, 84%; garbage collection, 81%; emergency medical services, 80%; police protection, 79%; providing wastewater services, 79%; helping citizens to conserve water, 75%; and vector control, 71%. Of the 34 city service areas, 27 show positive growth rates in response to the satisfaction levels. On the other end of the scale were the areas showing low levels of satisfaction toward city services: attracting new employers to the community, 70%; helping existing employers to grow, 63%; street repair and maintenance, 57%; requiring property owners to maintain property, 52%; providing adequate recreation programs, 45%; animal control, 43%; new street construction, 43%; and the condition of city parks, 41%. Summarizing this year's results, Dr. Jorgensen said high levels of satisfaction are found in the service areas and low levels of satisfaction are noted in the quality of life areas. He said there is a widening gap between those who are satisfied and those with low levels of satisfaction. New to this year's survey was a series of questions trying to ascertain how residents felt about city employees. He said that citizens who have had contact with city employees have strong positive impressions of them as the most common response was "excellent" at 40.2% followed by "good" at 33%. With regard to future planning issues (such as a possible 2004 bond issue), the respondents gave a slight edge to favoring improvements over new facilities. Dr. Jorgensen then discussed the favorable ratings in rank order. Respondents indicated they wanted to see improvements in the following areas: police/f~re stations, drainage, street repair, disability access, senior centers, recreation centers, libraries and parks. New facilities were listed as follows: recreation centers, senior activity centers, police substations, drainage facilities, fire stations, libraries, swimming pools, athletic fields and parks. Responding to Council members' questions, Dr. Jorgensen said the survey did not discuss ways to fund those improvements or new facilities. Dr. Jorgensen said residents seem to be concerned about quality of life issues such as: new employment oppommities; economic development (bayfront improvements); recreation facilities for juveniles and senior citizens; and economic development. He said citizens tend to favor spending bond issue proceeds to increase these quality of life services in Corpus Christi. Council Member Kelly asked about the responses to police and fire protection, and Dr. Minutes - Regular Council Meeting December 10, 2002- Page 12 Jorgensen said that the way the questions were asked, there is no way to empirically account for the resp.onses. He said they received trend data on attitudes toward services rather than how to improve sermces. Mr. Kelly said that attracting employers to the community has been an important issue to the Council and the survey indicated low satisfaction in that area. Responding to Council Member Colmenero, Dr. Jorgensen said they trained the persons who conducted the survey to try to make it as empirically rigorous as possible without attempting to lead people into responses. He said they started with a random sample of 3,000 city residents; 470 was their target to ensure that they fell within the parameters of previous surveys. Ms. Salazar said most citizens were willing to express their attitudes about city services. Council Member Kinnison said the survey was being conducted at the same time as the election ads were running. Dr. Jorgensen said that would explain the polarization of the responses; i.e., fewer people giving responses of "not sure." Council Member Noyola said he found it interesting that citizens favor police, fire, drainage improvements, street repairs, senior and recreation center improvements, and employee services. Mayor Neal asked if the city will conduct this survey annually and City Manager Garcia replied affirmatively. The Mayor said that since the 1998 survey, there have been huge improvements in city services and he thanked the city employees for their efforts. Mayor Neal opened discussion on Items 21, 22 and 23 pertaining to the Frost Bank building renovations and chillers at City Hall. Ms. Lee Ann Dumbauld, Finance Director, explained that this involves approving a note with Zion's Bank, which was one of two bidders the city received and which Mr. Seal has analyzed. She said this is a seven-year short-term certificate of obligation, which is backed by the full faith and credit of the city. She said they will be making annual debt service payments through the budget process. The Mayor asked about the term "Texas tax note." City Attorney Bray said it is one of the different kinds of debt authorized by the Legislature. City Manager Garcia said this form of debt recognizes that cities have a number of different projects that are ongoing at any given time and they need to do short-term borrowing in small amounts. Ms. Dumbauld said this is significant because the city is amortizing the amount over seven years rather than the traditional 20 or 25 years. She said they are receiving 3.68% interest on this note, which is also allowing staff to pay offa much higher note that is outstanding at 8.425%. Responding to Council Member Kinnison, Ms. Dumbauld said the document which replaces the dralt document in the agenda material on Item 21 includes the cost of issuance. She said if they do not spend all of the amount allocated for issuance cost, they will apply it to debt service at the first payment. She added that this will conclude the financing to get the One-Stop Development Center completed. Mayor Neal asked how this will be charged to the different city departments. Mr. McDaniel said that mom than likely it will become part of the debt service fund and there will be an allocation Minutes - Regular Council Meeting December 10, 2002 ~ Page 13 back to the General Fund, which would then be picked up by the respective departments similar to a lease payment. Council Member Scott asked about the time line on the One-Stop Development Center. Mr. Kevin Stowers, Assistant Director of Engineering Services, said they should have an idea on the opening date by this month or the beginning of January. He said some asbestos material had to be removed and the contractor could not operate while that was occurring. He said staff has been pressuring the contractor to make up that time as much as possible. Mr. Scott asked that the Council be informed of the opening date as soon as staff is aware of it. Council Member Garrett pointed out that the chiller is for City Hall and not the Frost Building. Mr. Stowers replied affirmatively. Mayor Neal called for public comment. Mr. J.E. O'Brien said this results in another increase in the budget and more debt. He said that in 1979 the total revenue bond indebtedness amounted to just under $16 million. Today he estimates that number is over $600 million. He said he hopes the interest rate on these notes is significantly lower than the previous note. Mayor Neal said it is 3.68%, which is lower than the commercial paper and bond rates. Council Member Chesney asked staffto discuss the city's indebtedness. Ms. Dumbauld said that based on staff's recent presentations to the rating agencies, they have been extremely impressed with the progress the city has made. She added that the agencies are very comfortable with the city's current debt load and future plans in the utility area and the arena. She said they also are aware that the General Fund debt will be coming down soon. Mr. Chesney pointed out that some of the debt referred to by Mr. O'Brien is voter-approved debt. He added that debt is necessary for growth. Council Member Scott said an example of spending money appropriately is Item 25 which involves spending almost $9 million to maintain a clean water supply. Mr. Garcia said part of the reason the city conducts a survey is to determine citizens' level of satisfaction with the services they receive and how staff is managing the city. Mayor Neal said that within the last five years, the majority of the debt the city has incurred has been in the utility area. Assistant City Manager Jorge Cruz-Aedo agreed, saying that a large amount of debt is for the Mary Rhodes Pipeline in order to provide an adequate water supply. He said some of the debt is tax supported and other debt is supported by the city's fees and revenues. The Mayor said the rating agencies have said the city's debt ratio is well within the tolerance levels. Mr. Cruz-Aedo said the city's bond ratings have continued to increase. Responding to Council Member Colmenero, Mr. Cmz-Aedo said the One-Stop Development Center has been planned for many years and this is a smart business deal. Mr. Kinnison said Corpus Christi's debt on a per capita basis is fairly low and many capital needs have been deferred for years and they are now being addressed. City Secretary Chapa polled the Council for their votes: 21. ORDINANCE NO. 025126 Ordinance authorizing the issuance of City of Corpus Christi, Texas Tax Notes, Series 2002 in the amount of $2,150,000 for the purpose of paying contractual obligations incurred or to Minutes - Regular Council Meeting December 10, 2002 - Page 14 be incurred for the renovations of the former Frost Bank building (creation of Emergency Operations Command Center and One-Stop Development Center) and for the purchase and installation of chillers at City Hall. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22. ORDINANCE NO. 025127 Ordinance appropriating $2,050,000 from the sale of City of Corpus Christi, Texas Tax Notes, Series 2002 in the No. 5110 Maintenance Service Fund; for purpose of paying contractual obligations incurred or to be incurred for the renovations of the former Frost Bank building (creation of Emergency Operations Command Center and One-Stop Development Center), and for purchase and installation of City Hall chillers; transferring $508,880 to the No. 3160 City Hall Capital Improvement Program Fund to reimburse funds transferred under Ordinance 025051 for the One Stop Development Center; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $2,050,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23. M2002-407 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $559,214 with Malek Inc. of Corpus Christi, Texas, for the City Hall chiller replacement - Phase 1. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 24, commercial paper note program dealer. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 24. RESOLUTION NO. 025128 Resolution approving Morgan Stanley & Company Incorporated as dealer for the City's Utility System Commercial PaperNote Program, Series B, and authorizing the City Manager to negotiate a dealer agreement with said firm. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting December 10, 2002 -Page 15 Mayor Neal opened discussion on Item 25, water treatment plant wash water system. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 25. M2002-408 Motion authorizing the City Manager or his designee to execute a construction contract with Laughlin-Thyssen Inc. of Houston, Texas, for a total fee not to exceed $8,920,125 for the O.N. Stevens Water Treatment Plant wash water system, Phase 2 (filter drain, yard piping, filter to waste) project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal called for the City Manager's report. Mr. Garcia said that December 17, 2002, is the last Council meeting of the year and it will have a heavy agenda, which he described. He suggested the meeting start at noon and the Mayor agreed. Mr. Garcia also said that Corpus Christi is one of three finalists identified by the Texas Water Development Board for a state desalination project. Mr. Massey said he will attend a meeting of that board tomorrow to further discuss it. Mr. Kinnison said they are not making any commitment by the water users of this area to fund this full project. Mr. Garcia said they are indicating a desire to explore the possibility. He said Corpus Christi is in a unique situation among the finalists in that the city has adequate reserves. He said they are talking about being part of a regional solution for many other cities that are in desperate need of additional water supplies. However, he said they are not talking about spending any municipal resources at this point in developing this facility. Mr. Garcia also updated the Council on the Landry's negotiations. He said they met with Landry's representatives about two weeks ago and reached an agreement as to what issues are outstanding, which include the rent provision and areas covered by the management agreement. He said they plan to have another meeting at the beginning of next week. Mayor Pro Tem Colmenero called for Council concerns and reports. Mr. Chesney said the next meeting of the Friends of the Park is January 9, 2003 at 5:30 p.m. on the 6th Floor of City Hall and a town hall meeting is planned in January. He said he was not able to attend the Douden Park dedication because he was at the hospital with his wife and newborn son. He also said he attended a ribbon-cutting of the new Career Center School. Mr. Garrett asked if the executive session regarding construction will address the fire station on Hwy. 361. Mr. Garcia said it will. Mr. Garrett said a citizen on Troy Street reported that they were able to correct a flooding problem on their street by pulling a garbage can out of the storm inlet. Mr. Garrett also commented on the poor condition of Wooldridge Road between Airline and Rodd Field. Mr. Scott said he received a call from Ms. Sally Hunt, whose home was hit by the tornado and she is seeking city assistance. He also asked about the park equipment on the island. Mr. Dan Minutes - Regular Council Meeting December 10, 2002 - Page 16 Whitworth, Director of Park and Recreation, said that Nueces County staffhave arranged for the city to construct additional fencing in an area not being used by the county so the city can park its beach cleaning and solid waste equipment there. Mr. Scott thanked Mr. Whitworth, County Commissioner Joe McComb and Commissioner-Elect Chuck Cazalas for their assistance. Mr. Garrett said he wants it to be clear that while they will be moving the police operation out of the public safety building on the island, it will not have any effect on the police protection there and that two beats will remain. Mayor Pro Tem Colmenero said the Council is invited to a holiday reception on December 13, 2002. He said that also on December 13, the Mexican Consulate from San Antonio will be in Corpus Christi to make an announcement regarding the local office. He also requested information regarding the street resurfacing projects. Mr. Chesney said he and Mr. Kelly toured the public access studio and he asked Ms. Susan Cable, Director of E-Government Services, to discuss issues related to the studio. She replied that the day of that tour, the studio had a temporary permit and have scheduled the final work-through for the rest of the permitting process. Ms. Cable said that a Cable Communications Commission meeting has been scheduled for December 16, 2002, and a letter is being sent to all the Channel 10 public access producers encouraging them to attend. Mr. Noyola asked if the problem at the Greenwood Senior Center has been resolved and Mr. Whitworth said it has been and he is sending a letter to the Council. Mr. Noyola said a citizen contacted him about problems with a heater installed in his mother's home. Mr. Garcia asked Mr. Noyola to provide him with the details. Mr. Noyola asked Mr. Garcia to provide information about reimbursements referred to by Mr. Jack Gordy. Mr. Garcia said staff compiled a list of all reimbursements he has received in his four years as City Manager. Mr. Noyola said he does not need the whole list, just the ones mentioned by Mr. Gordy. Mr. Kelly said he has heard that some people are having trouble getting their tapes aired on the public access channel. Ms. Cable said there have been some communication problems between the Public Access Users Group (PAUG) and Time Warner Cable. She said that after the Council approved the franchise agreement and the new rules and procedures in August 2002, there was a 90- day transition period where Time Warner did not enforce the rules and procedures regarding such things as the delivery of tapes and airing of programs. However, Time Warner is now enforcing the rules and it is the PAUG's responsibility to administer them. Mr. Kelly said he is growing increasingly frustrated by this situation. Deputy City Manager Noe said city staffis making an extra effort to facilitate communication in an area where the city is really not responsible-the PAUG is supposed to work with the users and provide the tapes to Time Warner. A brief discussion ensued and Mr. Garcia suggested that they ask representatives of both Time Wamer and the PAUG to discuss these issues at a Council meeting. Mayor Pro Tem Colmenero called for petitions fi.om the audience. Mr. Tom Smith, 3102 Fair Oaks, said that the Jackson Woods neighborhood between McKinzie and Violet Road has had flooding problems over the last 11 years. He said city crews have been very courteous and prompt when he has called them. Minutes - Regular Council Meeting December 10, 2002 - Page 17 Mr. Jack Gordy, 4118 Bray, said the public access studio had to pay a $300 fine because they had already made improvements without first obtaining the proper permit. He said that during the November 19, 2002, Council meeting he referred to the employee benefit fund and Mr. Garcia said there was no such fund although there is one. He said he also submitted an open records request regarding Mr. Garcia's reimbursements with specific dates. Mr. Gordy also said that in 12 months the Council approved spending $712,576.77 for outside legal counsel. City Attorney Bray replied that the city maintains a city staff of lawyers to handle a certain level of business and litigation. However, outside counsel is sometimes necessary to handle cases that require much more time and specialization, which is more economical than staffing for many kinds of contingencies. Mr. Kelly said the reason for seeking outside counsel has been appropriate based on the level of specialization required at the time and he complimented Mr. Bray and his staff. Ms. Norma Urban, President of the Downtown Management District, said that a few weeks ago the DMD and downtown business owners held a press conference to draw attention to flooding problems that have occurred there. She also distributed informational packets to the Council and she read a resolution passed by the DMD board urging the city to hire an engineering firm within the next 60 days to study and make specific recommendations for remediation in the downtown area and to move forward with a funding mechanism and implementation of those recommendations. Mr. R.F. Hasker, 1813 Wallace, discussed the city's indebtedness and he said that flooding has been occurring throughout the city for years but nothing has been done about it. He said more attention is being paid to the downtown flooding. Ms. Barbara Whiteside, 537 Vaky St., also complained of extensive flooding on her street. She said sometimes children have to walk in the street because the sidewalks flood as well. She said she would be willing to pay for drainage improvements. Mr. Jerome Bradford, Vice President of PAUG and NUPAC, said there have been many things said about the public access situation that are not true. He explained how PAUG and NUPAC assist the public access users. He said he hopes they can all discuss these concerns and resolve them. Ms. Sherry Dunlap, President of Corpus Christi Animal Rights Effort, said that due to the recent hiring of the new Animal Care and Control Director, they are forced to start all over again in rebuilding all the accomplishments they have made. She said she had prepared a letter to the Civil Service Board requesting a review heating of the recent appointment of Ms. Cherrie Stunz as the new director but it never reached the Civil Service Board. She said she was informed by Human Resources that there was no justification for a heating. She asked the Council to review the packets she provided and to urge staffto look into the situation. Ms. Cruz Colomo said she is organizing a coat drive and sponsorships for lunches for Driscoll Middle School. She asked the Council for their support. She also commented on problems the public access users have experienced. There being no further business to come before the Council, Mayor Pro Tem Colmenero adjourned the Council meeting at 5:30 p.m. on December 10, 2002. 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM 4 NO ATTACHMENT FOR THIS ITEM 5 NO ATTACHMENT FOR THIS ITEM 6 NO ATTACHMENT FOR THIS ITEM 7 NO ATTACHMENT FOR THIS ITEM 8 COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE - One (1) vacancy with term to 8-31-04 representing the category of 78415 resident. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submittine a proposal for funding through the CYD Program~ or their immediate family members~ may serve on the committee. An expiration date forhhis committee was set as August 31, 2003, unless funds for the program end sooner. MEMBER TERM ORIGINAL APPTD. DATE Verla Gene Varino (78415 Res.), Chair 8-31-04 Rafael Alvarez (78415 Res.),Vice-Chair 8-31-03 Dick Leonard 8-31-04 Kimberly K. Rhodes (78415 Resident) 8-31-04 Bobbe J. Cummins-Colbum 8-31-03 Andrea Walter 8-31-03 Roxana Arevalo 8-31-03 * Sharon Williams (78415 ResidenO 8-31-04 Emmelinda Figueroa (78415 Resident) 8-31-04 VACANT (Youth) 8-31-03 VACANT (Youth) 8-31-04 9-12-00 2-13-01 4-25-00 8-21-01 8-21-01 8-21-01 2-13-01 9-12-00 8-27-02 * Resigned INDIVIDUALS EXPRESSING INTEREST Clifford E. Bost Assistant Public Information Officer, Texas Department of Transportation. B.A. in Communication, TV/Film from Texas A&M University - Corpus Christi. Community activities include: Cubmaster P-11 for Boy Scouts of America (BSA), President of Coastal Bend Top Soccer, \\CLSTRI_USERS I_SERVER\USERS1 \SEC-DIR\SHARED~BOARDS~PACKETS\I2_17_02.doc, p. 1 Rebecca M. Cavazos Emmett Harris Cynthia Ann Rodriguez Chairman of the Planning Advisory Committee for Nueees County MHMR. Recipient of the Texas Dept. of Protective and Regulatory Services Foster Parent of the Year Award and the BSA District Award of Merit. (8-06-02) Case Aide, Nueces County Juvenile Probation Department. Bachelor of Science in Criminal Justice with a minor in Social Work, Texas A&M University - Corpus Christi. Serves as the Executive Committee Chair Officer of the Criminal Justice Honor Society. (78415 residenO (12-12-02) Executive Vice-President of Operations, First Commerce Bank. B.B.A. in Finance from Texas A&I University. Member of the United Way Golf Tournament Committee, the Sunrise Rotary Club and the Corpus Christi Country Club. (78415 residenO (11-21-02) Probation Officer, Nueces County Juvenile Department. B.S. in Criminal Justice, Texas A&M University - Corpus Christi. Counsels youths and their families to help prevent delinquency and family crisis. (78415 residenO (12-12-02) \\CLSTRI_USERS I_SERVER\USERS 1 ~SEC-DIR\SHARED~BOARDS~PACKETS\I 2-17-02.doc, p. 2 ELECTRICAL ADVISORY BOARD - Six (6) vacancies with two-year terms to 12- 3-1-04 representing the following categories: 1 - Master Electrician, 2 - Member not cmmected with to the electhcal industry, 1 - Journeyman Electrician, 1 - Home builder and 1 - Electrical Engineer. DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician licenses, preparation and grading of examinations for each classification of electrician required to be examined; to prescribe the manner and sequence of examinations; to revoke or suspend license on proof of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code. An applicant who fails an examination three times may appeal to the City Manager to appoint a special board to examine said applicant. COMPOSITION: Nine (9) persons appointed by the City Council: two (2) persons with at least five years active experience as a master electrician; one (1) person with at least five years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of five years experience in electrical engineering; one (1) person with five years experience in the commercial building industry; one (1)person with five years experience in the home building industry; and two (2) members, residents of Corpus Christi, not connected with the electrical industry. Five (5) members of the Board constitute a quorum, and concurring vote of not less than five (5) members is necessary to constitute an official action of the Board. MEMBERS TERM Kyle Budd (Master Elec.), Chairperson 12-31-03 * Martin Adrian (Master Elec.), Vice-Chair 12-31-02 * John Homer (Not conn. to elec. industry) 12-31-02 * Robert R. Connoly (Not conn. to elec. industry) 12-31-02 * Miguel Carranco (Journeyman Elec) 12-31-02 Shane Tomo (Reg. Engineer) 12-31-03 Emest Salazar, Jr. (Commercial Builder) 12-31-03 * Charles E. Sebbert (Home Builder) 12-31-02 * Joe Hemandez (Electrical Eng) 12-31-02 * Seeking reappointment ORIGINAL APPTD. DATE. 2-17-98 1-09-01 1-09-01 1-09-01 1-12-99 5-21-02 1-08-02 5-16-00 10-14-97 \\CLSTRI_USERS I_SERVER\USERS 1 ~SEC-D1R\SHARED'~BOARDS~PACKETS\I 2-17-02.doc, p. 3 ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OFATTENDANCE PRESENT LAST TERM YEAR Martin Adrian (Master Elec.) 7 John Homer (Not conn.) 7 Robert Connoly (Not conn.) 7 Miguel Carranco (Journeyman) 7 Charles Sebbert (Home bldr.) 7 Joe Hemandez (Elec. Engineer) 6 5 71% 2, 2 ex. ab. 29% 6 86% 7 100% 6 86% 3 50% OTHER INDIVIDUALS EXPRESSING INTEREST Mark Adams Estimator/Planner, Rabalais I & E Constructors. Attended Texas Tech University. Completed IBEW Apprentice Program. Member of ABC Apprenticeship Committee, International Association of Electrical Inspectors. Has 34 years experience in the electrical field. (Journeyman Electrician) (9-13-00) J. D. Green President, Fairbairn Electric Inc. B.S. in Civil Engineering, Texas A&M University - Corpus Christi. Qualifies as a Master Electrician. Community activities include: Past President of Coastal Bend Youth City, Vice-President of Texas Gulf Coast NECA and member of the Rotary Club. (Master Electrician) (11-26-02) Orlando Chad Longoria Journeyman Electrician, Scott Electric. Completed the Electrical Apprenticeship Program at Roy Miller High School; 12 hours at Del Mar College. (Journeyman Electrician) (1-04-02) Scott Meares Senior Estimator, Anderson Group Construction Management. M.B.A. and B.S. in Construction Management fi.om Louisiana State University. Community activities include: Mentor at Ray High School and the Cattle Barons. (Commercial Builder) (3-14-02) Gordon Dean Self Vice-President, Industrial Electric Co. Holds a current Master's license in Corpus Christi, Victoria, Ingleside, Kingsville, Alice, Robstown, Beeville, Rockport and Sinton. Also holds a Fire Alarm \\CLSTR1 _USERS I_SERVER\USERS 1 ~SEC-DIR\SHARED~,BOARDS~ACKETS\ 12-17-02.doc, p. 4 Technician license. Has worked at all phases of commercial electrical work. (Master Electrician) (H-2S-O0) Florentino Vasquez Vice President/Estimator, Scott Electric. Completed a four-year electrical apprenticeship course. Currently holds a C.C. Journeyman Electrician license, Kingsville Master License, Alice Master License and Victoria. Master License. (Master Electrician) (1-04-02) \\CLSTR 1 _USERS I_SERVER\USERS 1 ~SEC-DIR\SHARED~BOARDS~PACKETS\ 12-17-02.doc, p. 5 9 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts, for Reformulated Gasoline, Regular Gasoline, and Low Sulphur Diesel Fuel, in accordance with Bid Invitation No. BI-0017-03, based on low bid. The term of the supply agreements shall be for twelve months, with options to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager, or his designee. Oil Patch Petroleum, Inc. Corpus Christi, Texas Low Sulphur Diesel Fuel $706,976.21 Susser Petroleum Corpus Christi, Texas Reformulated Gasoline Regular Gasoline - Commercial Locations $573,718.67 Grand Total: $1,280,694.88 Purpose: This contract covers the fuel requirements for City vehicles and equipment. The Reformulated Gasoline and Low Sulphur Diesel are delivered in bulk to City facilities. The Regular gasoline is received from designated commercial locations and is used by Police patrol vehicles. Fueling patrol vehicles in this manner allows patrol officers to fuel their respective vehicles without having to leave their designated patrol assignments. Bid Invitation Issued: 15 Bids Received: 6 Basis of Award: Low Bid. The volatile oil market determines fuel prices. Bidders were asked to quote prices based on mark-up or mark-down from OPIS (Oil Price Information Services) Houston and Corpus Christi rack prices. The mark-up/mark-down remains constant while the market prices change daily. With this method, the City can determine the fuel cost at any point in time. With all bidders using the same base price, the mark-up/mark-down determines the lowest responsible bidder. Procurement & General Serwces Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SUMMARY Bid Invitation No. BI-0017-03 Gasoline and Diesel Fuel Due to volatile oil prices, bidders were asked to quote a mark-up or mark-dom relation to OPIS (Oil Price Information Services) using Houston and Corpus Christi Rack Prices. The following indicates the relationships to the OPIS prices. The attached bid tabulation is calculated on OPIS pricing as of 11/08/02 and 11/13/02. Item Oil Patch Susser Petrol. DIFCO Inc. Petroleum Traders Valero ONYX Petroleum Petroleum Mansfield 1.1 +$0.0200 +$0.0155 +$0.0202 +$0.0266 +$0.0225 No Bid 1.2 +$0.0300 +$0.0465 No Bid +$0.0650 No Bid .... 2.0 No Bid +$0.0500 No Bid No Bid2w No Bid $.1600 3.1 +$0.0050 +$0.0150 +$0.0204 +$0.0166 +$0050 $.0224 3.2 +$0.0400 +$0.0465 No Bid +$0.0650 No Bid $.2120 BID INVITATION NO. BI -0017-03 SUPPLY AGREEMENT FOR GASOLINE AND DIESEL FUEL BID ITEM 1.0 F 1.1 1 1.2 1 I 2.0 L 2.1 3.0 A 3.1 1 3.2 1 1 DESCRIPTION CITY Unit OIL PATCH PETROLEUM, INC. CORPUS CHRISTI, TX SUSSER PETROLEUM CORPUS CHRISTI, TX DIFCO, INC. CORPUS CHRISTI, TX PETROLEUM TRADERS, INC. FORT WAYNE, IN Valera Marketing & Supply CO. San Antonio, TX ONYX MANSFIELD GAINESVILLE, GA eformulated SUSSER PE .0500 City Cost $0.8281 Diesel Fuel - Transport Deliveries OPIS $0.7024 Oil Patch .0050 City Cost $0.7074 asoline in ccordance with cecifications ransport Deliveries 590,635 Gal $0.8213 $485,088.53 $0.8168 $482.430.67 $0.8215 $485,206.65 $0.8279 $488,98672 $0.8238 $486,565.11 NO BID (1) ank Wagon Delivery 10,000 Gal 0.8313 8,313.00 0.8478 8,478.00 NB NB 0.8663 8,663.00 NOBID NO BID otal Bid Item 493,401.53 490,908.67 497,64972 asoline Purchased Commercial ocations tandard Gasoline 100,000 Gal NO BID 0.8281 82.810.00 NOBID NOBID NO BID $0.9381 $93.810.00 2 Low Sulphur lesel Fuel in cmrdance with oecifications (2) (2) rensport Deliveries 973,164 Gal 0.7074 688.416.21 0.7174 698,147.85 0.7228 703,402.94 0.7190 699,70492 0.7074 688,416.21 0.7246 705,349.27 ank Wagon 25,000 Gal 0.7424 18,560.00 0.7489 18,722.50 NB NB 0.7674 19,18500 NO BID 0.9144 22,860.00 elivedes otal Bid Item 3 706,97621 716,870.35 718,889.92 728,209.27 Award Total $706,976.21 $573,718.67 Grand Total $1,280,694.88 (1) Oil Patch Petroleum submitted the low bid for bid dem 12. However, the 2% price difference does not)ustify splitting the award between two bidders. (2) In accordance with State law, to bids between a local and non local bidder must be awarded to the local bitlder. NOTE: This tabulation is prepared for evaluation purposes. Unit prices were determined by applying the mark-up/mark-down relations to the OPIS prices as of 11/13102 and 11/8/02: Reformulated Gasolim $0.8013 11/132002 Houston OPIS Standard Gasoline $0.7781 11/82102 Corpus Chnsti OPIS Diesel Fuel $0.7024 11/132002 Corpus Christ OPIS Example. Reformulated Gasoline, Transport Deliveries OPIS 0.8013 SUSSER PE .0155 City Cost $0.8168 Regular Gasoline - Pump Deliveries OPIS $0.7781 SUSSER PE .0500 City Cost $0.8281 Diesel Fuel - Transport Deliveries OPIS $0.7024 Oil Patch .0050 City Cost $0.7074 10 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Materials Handling Services, Corpus Christi, Texas, for improved right-of-way strip mowing in accordance with Bid Invitation No. BI-0002-03 based on low total bid for an estimated annual expenditure of $287,500.55. The term of the supply agreement will be for twelve-months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 02/03. BACKGROUND: Purpose: The mowing contract establishes a regularly scheduled mowing cycle for right-of-ways (ROW's) located throughout the City. The contract consists of 6 groups of ROW's totaling 153 acres. Groups one through five will be mowed 21 times during the year. Group six, Ocean Drive, will be mowed once every week. Previous Contract: The previous contract was terminated due to the contractor's inability to fulfill his obligations under the contract. Bid Invitations Issued: Eighty-six Bids Received: Fouaeen Price Analysis: Pricing has increased approximately 14% since the last contract of September 2001. The number of bids received indicates competitive pricing. Award Basis: Low Total Bid W. W. Services, Victoria, Texas submitted the line item low bid for bid item 5A. J.Z. Lawn Services, Corpus Christi, Texas submitted the line item low bid for bid item 5B. However, when line item awards are compared to Materials Handling Services all or none bid, Materials Handling Services bid is low by $625.34. Funding: Procurement and Ge~ Storm Water 530000-4010-32010 :ral Services Manager $288,000 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA BID TABULATION 810 INVITATION NO. 81-0002-03 IMPROVED ROW STRIP MOWING ITEM DESCRIPTION QTY UNIT (1) Materials Handling Services Corpus Christi, Texas Unit Total Price Price NNA Financial& Management Co., Austin, Texas Unit Price Inc. Total Price Winter Monintenance and Landscaping, Inc. Corpus Christi, Texas Unit Total Price Price A & R Lawn Maintenance Etc. Corpus Christi, Texas Unit Total Price Price Sierra Services Sinton, Texas Unit Price Total Price 1. Group I - 18 421 acres, 17 strips 21 cycles $1,468.42 $30,836.82 $1,583.29 $33,248.99 $2,470.00 $51,870.00 $2,763.15 $58,026.15 $2,394.73 $50,289.33 2. Group 2 - 10.76 acres, 14 strips 21 cycles 857.73 18,012.33 $924.82 19,42116 1,140.00 23,940.00 1,614.00 33,894.00 1,614.00 33,894.00 3. Group 3 - 19.62 acres, 19 strips 21 cycles 1,563.99 32,843.79 $1,686.34 35,413.12 1,750.00 36,750.00 2,943.00 61,803.00 2,550.60 53,562.60 4. Group 4- 33.015 acres, 16 stops 21 cycles 2,631.77 55,267.17 $2,837.64 59,590.42 3,360.00 70,560.00 4,952.25 103,997.25 4,291.95 90,130.95 5A. Group 5A - TXDOT Strips, 34.918 acres, 5 strips 21 cycles 2,783.46 58,452.66 $3,001.20 63,025.24 3,610.00 75,810 00 5,237.70 109,991.70 4,120.32 86,526.72 5B, Group SB- TXDOT Strips, 30.16 acres, 4 strips 21 cycles 2,404.18 50,487.78 $2,592.25 54,437.29 2,290.00 48,090.00 4,524.00 95,004.00 3,558.88 74,736.48 6 Ocean Drive Medians, 6.5 acres 52 cycles 800.00 41,600.00 $818.68 42,571.10 1,580.00 82,160.00 975.00 50,700.00 2,600.00 135,20000 TOTAL $287,500.55 $307,707.42 $389,180.00 $513,416.10 $524,340.08 Coastal Sweeping ITEM DESCRIPTION QTY UNIT Anderson Contracting Corpus Cl Texas Unit Total Price Price K -Bar Services, Inc. Pleasanton, Texas Unit Total Price Price Larry's Property Services Corpus Christi, Texas Unit Total Price Price Services, Inc. Corpus Christ, Texas Unit Total Price Price W. W Services Victoria, Texas Unit Price Total Price 1. Group I - 18.421 acres, 17 strips 21 cycles $3,039.00 $63,81900 $4,513.15 $94,776.15 $5,250.00 $110,250.00 $5,567.00 $116,907.00 $1,696.00 $35,616.00 2. Group 2 - 10.76 acres, 14 strips 21 cycles 1,775.00 37,275.00 2,636.20 55,360.20 4,200.00 88,200.00 3,464.00 72,744.00 1,696.00 35,616.00 3. Group 3 - 19.62 acres, 19 strips 21 cycles 3,237.00 67,977.00 4,806.90 100,944.90 4,725.00 99,225.00 9,780.00 205,380.00 2,544.00 53,424.00 4. Group 4- 33.015 acres, 16 strips 21 cycles 5,447.00 114,387.00 7,758.53 162,929.13 4,200.00 88,200.00 9,780.00 205,380.00 4,240.00 89,040.00 5A, Group SA- TXDOT Strips, 34.918 acres, 5 strips 21 cycles 5,758.00 120,918.00 8,205.73 172,320.33 4,200.00 88,200.00 10,232.00 214,872.00 2,544.00 53,424.00 SB, Group 5B - TXDOT Strips, 30.16 acres, 4 strips 21 cycles 4,976.00 104,496.00 13,572.00 285,012.00 4,200.00 88,200.00 8,785.00 184,485.00 NO BID 6. Ocean Drive Medians, 6.5 acres 52 cycles 1,072.00 55,744.00 4,225.00 219,700.00 10,400.00 540,800.00 2,033.00 105,716.00 NO BID TOTAL $564,616.00 $1,091,042.71 NOTES. (1) Materials Handling Services, Corpus Christi, Texas submitted an all or none bid. (2) W. W. Services, Victoria, Texas submitted the line item low bid for bid item SA. J. Z. Lawn Service. Corpus Christi, Texas submitted the line item low bid for bid item 5B. However, when line item awards are compared to Materials Handling Services all or none bid, Materials Handling Services bid is low by $625.34. $1,103,075.00 $1,105,484.00 $267,120.00 (Incomplete) CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYERMARIAGARZA BID TABULATION BID INVITATION NO. BI -0002-03 IMPROVED ROW STRIP MOWING ITEM DESCRIPTION OTY UNIT O. J. Lawn Services Corpus Christi, Texas Unit Total Price Price Covenant Lawn Care & Maintenance Corpus Christi, Texas Unit Total Price Price J. Z. Lawn Service Lawntech Corpus Christi, Texas Corpus Corpus, Texas Unit Total Unit Total Price Price Price Price 1. Group 1- 18 421 acres, 17 strips 21 cycles NO BID NO BID NO BID $2,200.00 $46,200.00 2. Group 2- 10.76 acres, 14 strips 21 cycles 1,129.80 $23,725.80 NO BID NO BID NO BID 3, Group 3 - 19.62 acres, 19 ships 21 cycles 2,060.10 43,262.10 3,500.00 $73,500.00 NO BID NO BID 4. Group 4 - 33.015 acres, 16 strips 21 cycles NO BID 7,500.00 157,500.00 NO BID NO BID 5A. Group 5A - TXDOT Strips, 34.918 acres, 5 strips 21 cycles NO BID NO BID NO BID NO BID (2) 5B. Group 5B - TXDOT Strips, 30.16 acres, 4 strips 21 cycles NO BID NO BID 2,11700 $44,457.00 NO BID 6. Ocean Drive Medians, 6.5 acres 52 cycles 877.50 45,630.00 1,300.00 67,600.00 NO BID NO BID TOTAL $112,617.90 $298,600.00 (Incomplete) (Incomplete) NOTES: (1) Materials Handling Services, Corpus Christi, Texas submitted an all or none bid. (2) W. W. Services, Victoria, Texas submitted the line item low bid for bid item 5A. J. Z. Lawn Service. Corpus Christi, Texas submitted the line item low bid for bid item 56. However, when line item awards are compared to Materials Handling Services all or none bid, Materials Handling Services bid is low by $625.34. $44.457.00 $46,200.00 (Incomplete) (Incomplete) 11 CiTY COUNCIL AGENDA MEMORANDUM December 17, 2002 AGENDA ITEM: Item A: Ordinance appropriating $23,995 from the fund balance of the No. 1020 General Fund into the No. 1020 General Fund for purchase of EdgeCastNET system to produce and playback programming on government access channel; amending ordinance No. 024974 which adopted the FY 2002-2003 operating budget by increasing appropriations by $23,995; and declaring an emergency. Item B: Motion authorizing the City Manager or his designee to purchase an EdgeCastNET Software System from Alpha Video, Inc. of Edina, MN in the amount of $23,995 to allow the City of Corpus Christi's Public Information Office to produce and schedule programming for CCTV (Government Access/Channel 20). ISSUE: Cable Channel 20 is the designated Government Access channel for the City of Corpus Christi. Currently, the City is limited in 1) how much programming we can airon Channel 20, 2) what hours we can air programming on Channel 20, and 3) how often we can update the programming on Channel 20. The addition of EdgeCastNET, along with other related software including the Scala InfoChannel 3 Designer system, will allow the Public Information Office to produce an electronic bulletin board for Channel 20 that can be updated instantaneously as City events warrant. The system will also allow for the playback of all taped programming directly from City Hall, putting the City of Corpus Christi in control of the Government Access channel 24 hours a day, 7 days a week. REQUIRED COUNCIL ACTION: Passage of the ordinance appropriating funds to purchase software system to produce and schedule programming on government access channel. FUNDING: Fund Balance Reserved for Commitment (Restricted ClearSource Contribution to PEG). Alpha Video is a qualified information services vendor (QISV) that operates under the Texas Cooperative Purchasing Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance appropriating funding and motion authorizing the purchase of the EdgeCastNET System. NOTE: Demo tape available for Council review Cheryl AJ Soward Director of Public Information BACKGROUNDINFORMATION The Public Information Office is responsible for programming the City of Corpus Christi's Government Access channel, Channel 20. · In April 2002, the City aired 8 hours of taped programming weekly on Channel 20 (four 30-minute shows, each repeated four times a week). · In July, the PlO updated the 30-minute magazine format show "Issues & Answers" with new graphics, a faster pace and a new name: "Cityscape Corpus Christi." · In August, we increased the taped programming on Channel 20 from four 30- minute shows to ten 30-minute shows, in addition to live and taped replays of City Council and Commissioners Court meetings. · In October, the PlO with help from the City Secretary's Office began producing a taped Bulletin Board, with valuable information from city departments about service, programs and events. · In November, the PlO unveiled a new logo for Government Access: CCTV. · Currently, in December 2002, we air twelve taped programs on CCTV, along with City Council and Commissioners Court meetings, filling the schedule daily from 8am- 10pm. When there is no local programming, or there is a problem with the playback at Time Warner, Time Warner airs C-Span2 on Channel 20. EdgeCastNET is a premiere electronic bulletin board system that's used by municipalities nationwide. The system allows the PlO to create and manage the bulletin board system via the Internet. Information can be updated continuously and air immediately on CCTV/Channel 20 without interruption of live or taped programming. In an emergency, messages can be changed and activated from the Emergency Operations Center or from anywhere there's internet access. The system also includes Scala InfoChannel 3 Designer software, which allows for flexible and detailed scheduling and playback of the bulletin board, taped programming and live programming. MPEG cards will allow for the playback of digitized video. The system will support 24/7 operation of CCTV/Channel 20 from City Hall. Alpha Video is a sole source provider of EdgeCastNET, with a regional account representative in Dallas. Installation of the system can begin in mid-January, with implementation live on-air on CCTV/Channel 20 on or before February 2002. ORDINANCE APPROPRIATING $23,995 FROM THE FUND BALANCE OF THE NO. 1020 GENERAL FUND INTO THE NO. 1020 GENERAL FUND FOR PURCHASE OF EDGECASTNET SYSTEM TO PRODUCE AND PLAYBACK PROGRAMMING ON GOVERNMENT ACCESS CHANNEL; AMENDING ORDINANCE NO. 024974 WHICH ADOPTED THE FY 2002-2003 OPERATING BUDGET BY INCREASING APROPRIATIONS BY $23,995; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $23,995 from the land balance oftheNo. 1020 General Fund is appropriated in the No. 1020 General Fund to purchase Edgecastnet system to produce and playback programming on Government Access Channel. SECTION 2. That Ordinance No. 024974 which adopted the FY 2002-2003 Operating Budget is amended by increasing appropriations by $23,995. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ., 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor ~ · [~'~,2002 Lisa Aguilar (__) Assistant City Attorney 12 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a maintenance agreement with Medtronic Physio- Control Corporation, Redmond, Washington, for testing and calibrating o£ automatic external defibrillators for the Fire Department-EMS, based on sole source, for a total amount o£ $26,296. Funds have been budgeted by the Fire Department in FY02-03. BACKGROUND: Purpose: The maintenance agreement is for testing and calibrating thirty- eight (38) Lifepak automatic external defibrillators for the Fire Department - EMS. Price Analysis: The maintenance cost per unit has remained stable since the last contract of 2001. Award Basis: Sole Source Medtronic Physio-Control Corporation is the manufacturer of the Lifepak series of cardiac defibrillator/monitors and the sole maintenance provider of the equipment. Funding: Fire Dept.-EMS 530230-4680-35100 $26,300 Procurement and General Services Manager TO: Corpus Christi Fire Department EMS Division Memorandum Mike Barerra, Purchasing Agent FROM: John Murray, EMS Director DATE: November 22, 2002 SUBJECT: Maintenance A~eement for Monitor/Defibrillators and AEDs Attached is a Technical Service Support Agreement proposing renewal of our current maintenance agreement for all the electronic monitors utilized by the Corpus Christi Fire Department. The maintenance agreement is for the period January 15, 2003 through January 14, 2004. The schedule of equipment includes four LifePak 12 monitor/defibrillators, eight LifePak 10 monitor/defibrillators, twenty LifePak 300 Automatic External Defibrillators, and ten LifePak 500 Automatic External Defibrillators being utilized with the EMS Division of the Corpus Christi Fire Department. The total cost of this agreement is $26,296.00. Medtronic Physio-Control is the original equipment manufacturer and provides the only factory authorized service on the covered equipment. As such, we would content that this proposal represents a sole source service agreement. The funding to cover the expense of this agreement is available in the approved budget (Fund #4680, Organization #35100, Account #530230 Equipment Maintenance). We have also attached a purchase requisition for this agreement. Their are two copies of the agreement, one for Medtronic Physio-Control and one for the City. The packet contains a self addressed, postage paid envelop to permit one of the originals to be mailed to Medtronic Physio-Control. We would appreciate your forwarding a copy of the agreement for our files. Should you require additional inforn~ation, please contact me at your convenience. ~ay, D~recto TECHNICAL SERVICE SUPPORT AGREEMENT PHYSIO-CONTROL Contract Number: EndUser# 03993906 CITY OF CORPUS CHRISTI FIRE EMS 2402 LEOPARD STREET CORPUS CHRISTI, TX 78408 Bill To # 03993906 CITY OF CORPUS CHRISTI FIRE EMS 2402 LEOPARD STREET CORPUS CHRISTI, TX 78408 This Technical Service Support Agreement begins on 1/15/2003 and expires on 1/14/2004. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Medtronic Physio-Control Corp.'s Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $26,296.00 per term, payable in Quarterly installments. Special Terms 15% DISCOUNT ON ACCESSORIES Medtronic Physio-Control Copy Accepted: MEDTRONIC PHYSIO-CONTROL CORP. Customer: By: Date: Territow Rep: WECC54 JIM PRICE Phone: 800-442-1142 X2718 FAX: 800-772-3340 Purchase Order Number: Customer Contact: James Ellison Phone: 361-880-3943 FAX: 361-880-3948 Reference Number: C54-1203 Renewal Printed: 11/15/2002 Page 1 of 5 13 AGENDA MEMORANDUM RECOMMEDATION: Motion authorizing the City Manager to enter into a three year lease with Xerox Corporation, Austin, Texas, for twelve copiers, in accordance with the State of Texas Cooperative Purchasing Program for an estimated three year expenditure of $160,032.96. The copiers will be used by Police, Development Services, EOC, Museum and Animal Control. Funds have been budgeted by the using departments in FY2002-2003 and will be requested for all subsequent budget years. Purpose: These copiers are to replace nine (9) copiers currently in use at the respective departments and provide three additional copiers presently needed at the One Stop Development Center. The copiers will be installed at the following locations: Animal Control - One (1) copier will be installed at 1111 Navigation. Museum - One (1) copier will be installed at the Museum of Science and History located at 1900 N. Chaparral. Police Department - Six (6) copiers will be installed at 321 John Sartain, and one (1) will be installed at the training center located at 4510 Corona Drive. One Stop Development Center - Three (3) copiers will be installed at 2402 Leopard Street. The lease will provide a full maintenance agreement that includes supplies for each of the copiers. The copiers will be ordered, installed and serviced through the local Xerox representative, Braswell Office Systems. Award Basis: The copiers are leased under the Texas Building and Procurement Commission (TBPC) term contract number 985-A3, lease of digital equipment. Funding: FY02-03 - 7 months Animal Control 520110-1020-12680 $2,103 Corpus Christi Museum 530160-1020-13490 Police Department 530160-1020-11750 530160-1020-11790 530160-1020-11700 Emergency Oper~ions 530160-5110-40305 Development Center 530160-5110-40305 1,859 14,560 2,053 2,053 1,859 7,680 Total FY 02-03: $32,167 Annual funding in the amount of $53,344.32 will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. Procurement & Ge~ '.ral Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION Thirty-six (36) month lease 1 N 3 4 Police - 1 Copier Police - 4 Museum - 1 Animal Control - 1 EOC-1 Copier Police -1 Development Services - 2 'olice -1 COPIERS December 17, 2002 TBPC Term Contract DANKA OFFICE IMAGING CO AUSTIN, TX Unit I Monthly I Annual Three Year Canon IR 3300 $271.51 $271.51 Canon IR 3300 $271.511 $1,900.57 CANON iR6000 738.671 2,216.01 $3,258.12 $26,592.12 $9,774.36 $68,420.52 CANON iR8500 845.511 845.51 $10,146.12 $30,438.36 Annual Cost $62,803.20 Three Year Cost $188,409.60 TASB Catalog pricing IKON / IOS Capital AUSTIN, TEXAS Unit TBPC Term Contract XEROX CORPORATION AUSTIN, TX Annual Three Year Unit Monthly Annual Three Year Qty Cost Cost Cost Cost 3300 Xerox DC432 $480.80 1 155.57 $155.57 $1,866.84 $5,600.5: 3300 Xerox DC440 $480.80 7 $265.44 $1,858.08 $22,296.96 $66,890.8E Xerox DC470 906.00 3 548.52 1,645.56 $19,746.72 $59,240.16 Xerox DC490 1,047.661 1,047.66 $12,571.92 1 786.151 786.15 $9,433.80 $28,301.40 Three Year Cost Annual Cost $53,344.32 Three Year Cost $160.032.96 TBPC Term Contract DANKA OFFICE IMAGING CO AUSTIN, TX Unit I Monthly I Annual Three Year Canon IR 3300 $271.51 $271.51 Canon IR 3300 $271.511 $1,900.57 CANON iR6000 738.671 2,216.01 $3,258.12 $26,592.12 $9,774.36 $68,420.52 CANON iR8500 845.511 845.51 $10,146.12 $30,438.36 Annual Cost $62,803.20 Three Year Cost $188,409.60 TASB Catalog pricing IKON / IOS Capital AUSTIN, TEXAS Unit Monthly Annual Three Year Cost Cost Cost Cost ,Canon IR 3300 $480.80 $480.80 $5,769.60 $17,308.8( Canon IR 3300 $480.80 $3,365.60 $40,387.20 $121,161.6( CANON iR6000 906.00 2,718.00 $32,616.00 $97,848.0( CANON iR8500 1,047.661 1,047.66 $12,571.92 $37,715.76 Annual Cost $91,344.72 Three Year Cost $274,034.16 14 AGENDA MEMORANDUM December 10, 2002 SUBJECT: Landside Roadway- Entrance Road and Parking Lot Improvements - CClA AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an amendment in the amount of $165,665 with RVE Engineering, Inc. for engineering services associated with Corpus Christi International Airport Roadway and Parking Lot Improvements. ISSUE: FAA security regulations required revision of the Roadway and Parking Lot Improvement plans that must be documented for construction. The entrance roadway must be modified to an urban roadway section with underground drainage prior to bidding. FUNDING: Funds are available in the Airport CIP Fund. RECOMMENDATION: Dave Hamrick Director of Aviation Approval of the motion as presented. ~, el/R'Escobar, P E Director of Engineering Services Attachments: Exhibit A: Background Information Exhibit B: Contract Summary Exhibit C: Map H:\HOM E\KEVINS\G EN~AIR\981MPRVN\landside\^AEamd8rnemo.doc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The project was originally envisioned to include the entrance road, loop roadway, service roads, additional parking, improved lighting, and landscaping. During the design phase, events and available funding dictated that the scope be modified. The original design scope envisioned an urban entrance roadway with curb and gutter. Funding was not deemed adequate to accommodate an underground storm drainage system. Drainage was to be discharged into modified ditches along the roadway. The magnitude of required drainage improvements further increased when development of the area west of the entrance road was considered. The events of September 11 and subsequent changes in security regulations required the modification of the plans to allow the utilization of short-term parking and the rental car parking lots. Although the modifications added to the expense of the project, they were essential to providing the public with the convenience of nearby shod term and rental car parking. The importance of maximizing customer c, onvenience continued to be a central to the design process. An important componen[ of customer convenience was the need to provide shade and weather protection for pedestrians. This resulted in the construction of additional canopies as part of the terminal project. The project included additional pedestrian canopies bid as three additive alternates. Council was informed that the project would be phased to ensure the vital elements of the project could be constructed with available funds. CONTRACT AMENDMENT: The contract provides for additional design services necessary for long-term covered parking lot modifications and the entrance roadway. A contract summary is attached. See Exhibit B. PRIOR COUNCIL ACTION: Prior Council Action: March 24, 1998 - Motion authorizing the City Manager to execute a contract in the amount of $129,000 with RusselI-Veteto Engineering, Inc. (M98-088). Auqust 25, 1998 - Resolution approving the financial feasibility plan to fund the 5-Year Capital Improvement Program for CCIA, including the Terminal Reconstruction program (Res. 023426). Mamh 30, 1999 - Approval of recommended Terminal Reconstruction and Landside EXHIBIT A Page 1 of 3 H:\HOME\KEVINS\GEN~AIR\981MPRVN\landside\^consturctionawd.bkg.doc Development concept at CCIA (M99-089). July 20, 1999 - Adoption of the Capital Budget (Ord. 023703), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects No. 7 & 10). November 30, 1999 - Motion approving Amendment No. 2 with RVE, Inc. in the amount of $385,000 for engineering services associated with the roadway/parking lot improvements (M99-414). December 18, 2001 - Approval of the roadway/parking lot design for Corpus Christi International Airport (M2001-482). January 15, 2002 - Adoption of the Capital Budget (Ord. 024730), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects No. 4 & 5). January 29, 2002 - Motion approving Amendment No. 6 with RVE, Inc. in the amount of $146,150 for engineering services associated with revisions of construction documents for the roadway/parking lot improvements to address FAA security regulations (M2002-037). July 9, 2002 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $6,541,301.99 with Berry Contracting, LP (dba Bay Ltd.) for the Corpus Christi'International Airport Roadway and Parking Lot Improvements, Phase 1 (M2002-199). October 8, 2002 - Motion authorizing the City Manager to execute Amendment No. 1 to the contract for construction materials testing, laboratory and inspection in the amount of $40,062 with PSI. (M2002-338). Prior Administrative Action: June 28, 1998 - Approval of Amendment No. 1 to the contract with RusselI-Veteto Engineering, Inc. to reduce construction phase services and the authorized contract fee by $5,400 for a new total of $123,600. February 9, 2000 - Approval of contract with Professional services Industries, Inc. (PSI) in the amount of $13,185 for geotechnical engineering and testing. May 2, 2000 - Approval of Amendment No. 1 to the contract with Professional services Industries, Inc. (PSI) in the amount of $959 for geotechnical engineering and testing. October 27, 2000 - Approval of Amendment No. 3 with RVE, Inc. in the amount of $6,965 for investigation of additional parking lot lighting. December 29, 2000 - Approval of Amendment No. 4 with RVE, Inc. in the amount of $14,990 for revision of the construction phasing plan. January 17, 2002 - Approval of Amendment No. 5 with RVE, Inc. in the amount of $24,177.62 for preparation of conceptual alternatives and presentation materials to address revised FAA security requirements. Au(lust 20, 2002 - Approval of Amendment No. 7 with RVE, Inc. in the amount of $10,000.00 for preparation of conceptual layouts of the covered parking lot and underground drainage for the entrance road. H:\HOME\KEVlNS\GEN~AIR\981MPRVN\landside\^consturctionawd.bkg.doc EXHIBIT A Page 2 of 3 Auqust 28, 2002 - Approval of a contract with PSI in the amount of $21,270 for construction materials, laboratory inspection and testing services. FUTURE COUNCIL ACTION: Council will be requested to act on the following items: · Award of change orders that may be necessary to accommodate the parking lot modifications; · Award of design/build or other contract for covered parking; · Award of a construction contract for the entrance road; and · Award of a contract for engineering inspection, laboratory and materials testing services; and RECOMMENDATION: Approval of the motion as presented. H:\HOM E\KEVIN S\G EN~AIR\981MPRVN\Ia ndsideV'const u rctionawd.bkg.doc EXHIBIT A Page 3 of 3 Contract Summary Section II. Scope of Services is amended by the addition of Additional Services G. 9 and 10 to read as follows: Additional Services 9. Covered Long Term Parking - The Engineer will revise the construction plans, to conform to the revised parking lot layout per Exhibit F. The phasing and traffic control plans will not be revised. The City will assume responsibility for construction phasing and traffic control of the loop road and parking section. a. International Drive- Loop Road and Parking Section 1) 2) 3) 4) 5) 6) 7) 8) Delete north parking entrance. Add west parking turn out/queue lane Revise west parking entrances for separate short term, long term and long term covered. Add east long term covered parking entrance. Revise long term parking entrance Revise courtesy van entrance. Revise courtesy van exit Revise sign plan for new parking entrance. b. International Drive- Airport Entry Section 1) Revise lighting foundations for curb and gutter road section. c. Landscaping and Irrigation 1) Revise landscape plan for full sun plantings along commercial lane. 2) Add flush mount walkway lighting to wall. 3) Revise entire landscape and irrigation plan for revised layout. d. Electrical and Access Control 1) 2) 3) 4) Add conduit and circuit for covered parking lighting (lighting by others). Revise acaess control system for revised parking entrances. Revise courtesy van access gate for remote control operation (no card reader). Revise exit loop detection for concrete loop encasement. 5) 6) Revise conduits and circuits for revised sign plan Add conduit and circuit for wall lighting. e. General 1) 2) Revise total construction quantity estimate Prepare documentation for submission of revisions to TDLR. f. Exclusions 1) 2) Do not revise parking lot lighting plan. Do not revise CCTV camera locations. LExhbit B J Page 1 of 2 3) 4) Do no revise phasing plan Do not revise traffic control plan. The Engineer will'submit two (2) copies of the 100% plans and quantities and attend up to three (3) review meetings to ensure conformity with the revised parking layout. 10. International Drive - Airport Entry Section The Engineer will prepare Construction Documents per Section II.A.2.a based on the layout in the attached Exhibit G. The roadways will be crowned, curb and gutter sections with underground drainage. Landscaping and irrigation will be provided as allowed by the budget. The construction budget is $1,600,0O0. b. The Engineer will provide Bid Phase services per Section II.A.3. The Engineer will provide Construction Phase Services per Section II.B. The Engineer will provide Post Construction Phase Services Per Section II.C. Summary of Fees: Roadway Contract & Amendments $587,282.62 AMENDMENT No. 8 Task II.G9 Covered Parking Revision $66,635 II.G10 Entry Section $75,530 II.G10.a Contract Documents $5,000 II.G10.b Bid Phase $16,000 II.G10.c Construction Phase $2,500 II.G10.d Post-Construction Phase $5,000 Amendment 8 Subtotal 165,665 TOTAL $752,947.62 Exhbit B Page 2 of 2 1 LOCATEON ~OT TO H~ 44 (AGNES~ AIRPORT ENTRANCE ROAD  ~ ~ ~ , PARKING LOT NOT m SCALE EXHIBIT "C" CORPUS CHRZSTZ ZNTERNATZONAL AZRPORT CZTY COUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SERVICES RO~WAY ~D P~KZNG LOT Z~PROVEMENTS PAGE: I of 1 CI~ OF CORPUS CHRISTI, TEXAS DATE: 12-10-2002 15 AGENDA MEMORANDUM December 13, 2002 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an amendment to the amhitectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $363,158 for design and construction phase services associated with the build out of additional retail space, the Federal Inspection Station, and Transportation Security Administration offices for the Corpus Christi International Airport Terminal project. FUNDING: Funding is available from Airport Capital Improvement Funds. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Director of Aviation ¢9~1 R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Background Information Prior Council/Administrative Actions Contract Summary BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The amendment provides the necessary design and construction phase services to: · Extend the terminal building to build out approximately 6,300 square feet (s.f.) of tenant lease retail space; · Build out approximately 8,300 s.f. for the Federal Inspection Station; · Build out of approximately 7,200 s.f. of tenant lease space to house Transportation Security Administration staff; and · Add eight months of construction phase services. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the amendment and recommended its approval. EXHIBIT A Page 1 of 1 H:\HOM E\KEVINS\GEN~AIR\NEWTERM~AE#13AWD.bkg.doc PRIOR COUNCIL ACTIONS August 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CClA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 ClP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Adhur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412 ). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). EXHIBIT B Page 1 of 5 H:\HOME\KEVINS\GEN~AIR\NEWTERM~AE#13AWDPrior.doc 15. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). 16. September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). 17. October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). 18. October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-387). 19. October 23, 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326.24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Fulton/Coastcon in the amount of $23,490.93 for the Corpus Christi International Airport Terminal Construction project. (M2001-401). 20. April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102). 21. May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Christi International Airport Terminal Construction project. (M2002~ 132). 22. 23. June 6, 2002 - Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commercial island to parking lot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002-192). PRIOR ADMINISTRATIVE ACTIONS 1. January 171 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. H:\HOME\KEVINS\GEN~AIR\NEWTERM~AE#13AWDPrior.doc EXHIBIT B I Page 2 of 5 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. August 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continenta~ Express. EXHIBIT B I Page 3 of 5 H:\HQME\KEVINS\GEN~AIR\NEWTERM~AE#13AWDPrior. doc 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 24. December 31, 2001 - Award of Amendment No. 9 to M. Adhur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. 25. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Gensler and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal Building Main canopy. 27. October 31, 2001 - Award of Change Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors for baggage doors, include baggage equipment on emergency power, revise cooling tower foundation, and relocate water line to improve future access. 28. November 14, 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and other modifications. 29. Dece,ber 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon for additional space for a baggage office and operations suite for Continental Airlines and modification of transom to electric vault door. 30. January 31, 2002 - Award of Change Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon for security modifications associated with 9/11 and installation of high speed operator on Gate 24B. 31. February 12, 2002 - Award of Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon for additional security expenses, bag conveyor openings, and fire damper. 32. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for exterior baggage operations, and stucco fascia along roof edge. 33. May 2, 2002 - Award of Change Order No. 32 in the amount of $24,840.92 to Fulton/Coastcon for additional offices, relocation of ticket counters and return air openings. 34. May 15, 2002 - Award of Change Order No. 33 in the amount of $24,871.93 to Fulton/Coastcon for mechanical and structural modifications. 35. May 29, 2002 ~ Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. 36. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for various minor enhancements (carpet, voice/data circuits, door pulls, security modifications, etc.). 37. August 7, 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. 38. September 5, 2002 - Award of Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastoon for placing terrazzo in the food court. EXHIBIT B I Page 4 of 5 H:\HOME\KEVINS\GEN~AIR\NEWTERM~AE#13AWDPdor.doc 39. October 30, 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modifications, lock sets, PA service, etc. 40. November 5, 2002 - Award of Change Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon for electrical modifications, advertising modifications, rent car telephones, and window blinds. EXHIBIT B I Page 5 of 5 H:\HOME\KEVINS\GEN~AIR\NEWTERM~AE#13AWDPrior.doc CONTRACT SUMMARY Section II. SCOPE OF SERVICES, paragraph B.l.g CONSTRUCTION SERVICES, Construction Phase is revised and will read as follows: B. CONSTRUCTION SERVICES make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his/her representative (Project Manager) and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in currant contractor requests for payment. Consultant site visits will not constitute er be confused with a resident inspection or continuous monitoring of the progress of construction. The anticipated duration of construction is increased from twenty-four (24) months to thirty-two (32) months commencing with the "City's" Letter to Proceed to the General Contractor and concluding May 31, 2003. The fee for construction phase services is based on an average of 30 hours per week of services through April 2003 and increased up to 76 hours per week during May 2003 for the thirty-two month construction period. Section II, SCOPE OF SERVICES, Paragraph G. ADDITIONAL SERVICES, will be amended by the addition of item 20-22. G. ADDITIONAL SERVICES- 20. Building Extension / Retail Build-out - The Consultant will produce construction documents for the CCIA Building Extension / Retail Build-out (Project No. 1019) including: · Producing design and construction documents for a 6,300 square feet building shell addition west of the scheduled concourse level retail area. Specific location is as follows: · New two story building structure west of the scheduled retail build-out. The footprint is 30 feet by 120 feet each for two levels (2,700 square feet at level one with 900 square feet of additional service road and 3,600 square feet at level two) and is located west of column line 13 running between column lines J and N; · Design and Construction Documents for structural foundation, structural and roof frame for building addition; · Structural details to incorporate installation of existing pre-cast panels; and · Design and Construction Documents for the extension of existing building MEP systems. 21. Federal Inspection Station (FIS) Facility Build-out - The Consultant will produce construction documents for the Federal Inspection Station Facility Build-out (Project No. 1019) including: · Producing design and construction documents for the build-out of an approximate 8,300 square feet FIS facility to include: · Design and Construction Documents for the Architectural layout and details; · Design and Construction Documents for the Signage and Graphics; · Design and Construction Documents for the Data, Telecommunications, and Security Systems; and · Design and Construction Documents for the MEP systems. 22. Transportation Security Administration Facility Build-out - · Producing design and construction documents for the interior build-out (7,200 square feet) of tenant lease area for the Transportation Security Administration (TSA) staff; · Interviews and Coordination with the TSA staff; and · Design and Construction Documents for the MEP systems. Section Ill. FEES Authorized is amended to read: Exhibit C Page 1 of 2 H:\HOME\KEVINS\GEN~AIR\NEWTERM~,E#13AWDSummary.doc III. FEES AUTHORIZED The City will pay the Consultant a restated total not to exceed fee of $3,265,759.00. The additional service fee authorized by Amendment No. 13 consists of a total not to exceed fee of $363,158.00. The fee consists of a totat fixed fee in the amount of $349,974.00 and expenses as specified by the original contract not to exceed $13,184.00. Fee Summary: Amendment No. 13 B. 1 .g Construction Services 179,610 Reimbursable Expenses 8,784 Subtotal 188,394 I I.G.20 Building Extension / Retail Build-out 59,085 Reimbursable Expenses 1,300 Subtotal 60,385 II.G.21 Federal Inspection Station (FIS) Facility Build-out 80,104 Reimbursable Expenses 2,000 Subtotal 82,104 II.G.22 Transportation Security Administration Facility Build-out 31,175 Reimbursable Expenses 1,100 Subtotal 32,275 Amendment 13 Total 363,158 Exhibit C Page 2 of 2 H:\HOME\KEVINS\GEN~AIR\NEWTERM~AE#13AWDSummary.doc 16 AGENDA MEMORANDUM DATE: December 10, 2002 SUBJECT: Clarkwood North Lift Station and Force Main (Project No. 7234) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with Naismith Engineering, Inc. for a total fee not to exceed $251,030 for the Clarkwood North Lift Station and Force Main. ISSUE: Rehabilitation of the Clarkwood North Lift Station and Force Main is required. The facilities cannot accommodate current flows due to infiltration and flooding. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the FY 2001-2002 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Department 'Aj~e('R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit"C" Location Map H:IHOME~VELMARIGEN\RFQ 2002*01\CONSULTANT AGENDA\7234~,GENDA MEMO BACKGROUND INFORMATION SUBJECT: Clarkwood North Lift Station and Force Main (Project No. 7234) PRIOR COUNCIL ACTION: 1. January 15, 2002 - Ordinance approving the FY 2001-2002 Capital Budget (Ordinance No. 024730). 2. December 10, 2002 - First Reading Ordinance approving the FY 2002-2003 Capital Budget in the amount of $229,913,200. PRIOR ADMINISTRATIVE ACTION: February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: The proposed project is part of FY 2001-2002 Wastewater Capital Improvement Budget and Request For Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, and Gas Improvement Projects Package. This lift station cannot accommodate current flows due to infiltration and flooding. The force main is deteriorated and in need of replacement. By rehabilitation of the lift station, it will meet the requirement set forth by the Texas Commission on Environmental Quality (TCEQ) and will have capacity to handle additional flow. The project also includes rehabilitation of the fome main. PROJECT DESCRIPTION: The proposed project consists of design, bid, and construction phase services to rehabilitate the Clarkwood North Lift Station and Force Main. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". ~'~ IEXHIBIT "A" H:IHOME~VELMAR\GEN\RFQ 2002-0~ICONSULTANT AGENOA\7234'~GENDA BACKGROUND CONTRACT SUMMARY Clarkwood North Lift Station and Force Main (Project No. 7234) 1. SCOPE OF PROJECT This lift station cannot accommodate current flows due to infiltration and flooding. The force main is deteriorated and in need of replacement. By rehabilitation of the lift station, it will meet the requirement set forth by the Texas Commission on Environmental Quality (TCEQ) and will have capacity to handle additional flow. The project also includes the rehabilitation of the force main. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE DAY DATE ACTIVITY Thursday January 2, 2003 Begin Preliminary Phase Monday February 17, 2003 Present Preliminary Phase to City Monday March 3, 2003 City Review Complete Monday March 10, 2003 Begin Design Phase Friday May 2, 2003 60% Submittal Monday May 12, 2003 City Review Complete Friday May 16, 2003 100% and Final Submittal Monday (2) May 26 & June 2, 2003 Advertise for Bids Wednesday June 4, 2003 Pre-Bid Conference Wednesday June 18, 2003 Receive Bids Tuesday June 24, 2003 Award Contract Monday September 1,2003 Begin Construction Weekday March 1,2004 Construction Completion H:/HOME/VELMARIGEN~RFQ 2002-01\CONSULTANT AGENDA/7234\CONTRACT SUMMARY EXHIBIT "B" Page 1 of 2 4. FEES Fee for Basic Services 1. Preliminary Phase $26,165.00 2. Design Phase 79,055.00 3. Bid Phase 4,495.00 4. Construction Phase 34,790.00 Subtotal Basic Services Fees 144,505.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TXDOT 955.00 TCEQ 530.00 Total Permitting 1,485.00 2. Easement Acquisition Survey (AUTHORIZED) 15,000.00 3. Topographic Survey (AUTHORIZED) 14,000.00 4. Environmental Issues 7,000.00 5. Construction Observation Services (full time) 62,400.00 6. Start-up Services 2,960.00 7. Warranty Phase 800.00 8. Provide SCADA Documentation 2,880.00 Sub-Total Additional Services Fees Authorized 106,525.00 Total Authorized Fee $251,030.00 H:IHOME\VELMARIGENIRFQ 2002-011CONSULTANT AGENDA\7234\CONTRACT SUMMARY EXHIBIT "B" 1 Page 2 of 2 File : \Mproject\councflexhibits\exh7234.dw~ NUECES RIVER N SEDWICK RD 57 HWY 44 PROJECT LOCATION AGNES CCIA ~ BEAR CITY PROJECT NO. 7234 LOCATION /V/AP NOT TO SCALE EXHIBIT "C" CLARKI~OD NORTH LIFT STATION AND FORCE MAIN CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 12-06-2002 17 AGENDA MEMORANDUM DATE: December 17, 2002 SUBJECT: Southside Gas Transmission Main, Part A Oso Creek Crossing at South Staples Street. (Project # 1530) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner Moseley & Associates in the amount of $124,380 for the Southside Gas Transmission Main, Part A - Oso Creek Crossing at South Staples Street. ISSUE: This project will connect an isolated gas system at Country Creek subdivision to the Corpus Christi System. This will result in the elimination of an additional purchase point at Country C reek b y connecting i t t o t he main g as distribution system, t hereby consolidating supply needs and facilitate bidding for gas supply contracts. FUNDING: Funds for this project are available in the FY 2001-2002 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Debbie Marroquin, P. E. /) Gas Superintendent / · ri'gel R Escobar, P E D~rector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Gas Transmission Main, Part A - Oso Creek Crossing at South Staples Street (Project #1530) PRIOR COUNCIL ACTION: 1. January 15, 2002 - Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730). 2. December 10, 2002 - First Reading of the Ordinance approving the FY 2002 - 2003 Capital Improvement Budget. PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project as required. PROJECT BACKGROUND: In an effort to deliver better service and reduced costs to City of Corpus Christi Natural Gas customers, the Gas Department has begun the Southside Gas Transmission Main project which will ultimately connect the Corpus Christ Gas System with the Annaville/Calallen System. This proposed project will result in the interconnection of the Corpus Christi System to the Country Creek System. In addition to eliminating an additional purchase point at Country Creek, this project will consolidate supply needs and economize costs by facilitating bidding for gas supply contracts and yielding a more competitive price. This project is part of the FY 2001 - 2002 Gas Capital Improvement Budget and Reqest For Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, and Gas Improvement Projects Package. A contract for professional services is required to EXHIBIT "A" ~ complete the design phase, bid phase, and construction phase; and requires City Council approval. PROJECT DESCRIPTION: The proposed project consists of permitting, design, preparation of plans/specifications, and installation of approximately 5,500 feet of 16-inch wrapped steel gas main near Staples Street (FM 2444) from Oso Parkway south across Oso Creek to South Oso parkway. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". FINAL PRODUCT: Design, Bid and Construction Services will result in the elimination of an additional gas pumhase point at the Country Creek Subdivision by connecting this system to the Corpus Christi System. CONTRACT SUMMARY SOUTHSIDE GAS TRANSMISSION MAIN, PART A OSO CREEK CROSSING AT SOUTH STAPLES STREET (Project No. 1530) 1. SCOPE OFPROJECT This project consists of permitting, design, preparation of plans/specifications, and installation of approximately 5,500 feet of 16-inch wrapped steel gas main near Staples Street (FM 2444) from Oso Parkway south across Oso Creek to South Oso Parkway. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3 SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Monday January 6, 2003 Begin Preliminary Phase Monday February 10, 2003 City Review of Engineering Letter Report Friday March 14, 2003 Begin Design Phase Friday May 9, 2003 60% Submittal Monday June 9, 2003 City Review Friday July 25, 2003 100% Submittal Monday August 18, 2003 City Review Monday September 15, 2003 Final Submittal Monday (2) September 29, 2003 and Advertise for Bids October 6, 2003 EXHIBIT "B" Page 1 of 2 H:WOME~LYNDAS~GEN\Gas Dep[11530 * Southside Gas Main, Part A~,gend a Items\Contract Summary. DOC Wednesday October 15, 2003 Pre-Bid Conference Wednesday November 12, 2003 Receive Bids Monday February 16, 2004 Begin Construction Monday May 17, 2004 Construction Completion 4. FEES Summary of Fees Fee for Basic Services 1. Preliminary Phase $26,470 2. Design Phase 29,180 3. Bid Phase 7,000 4. Construction Phase 15,230 Subtotal Basic Services Fees 77,880 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TXDOT NPDES Permit/Amendments U.S. Army Corps of Engineers Permits · Wetlands Delineation oTCEQ (401 Water Quality Certification) · Texas Historical Commission (Antiquities Permit) Total Permitting 26,400 2. Amheological Investigation 4,500 3. Easement Acquisition Survey (AUTHORIZED) and 11,300 Topographic Survey 4. Right-of-Way Title Services 4,300 Sub-Total Additional Services Fees Authorized 46,500 Total Authorized Fee $124,380 \ Mproject \ coun cilexhibits \ exh 1530. dwg N NUECES BAY CORPUS CHRIST BAY PROJECT LOCATr. ON LAGUNA MADRE GULF OF MEXICO LOCATION t4AP NOT TO SCALE PROJECT No. 1530 SOUTHSIDE GAS TRANSMISSION MAIN, PART A OSO CREEK CROSSING at SOUTH STAPLES CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol= 1 DATE: 12/11/2002 18 AGENDA MEMORANDUM DATE: December 17, 2002 SUBJECT: Corpus Christi Ship Channel Utility Crossing AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner Moseley & Associates in the amount of $282,700 for the Corpus Chdsti Ship Channel Utility Crossing. ISSUE: The City has major utilities crossing the Corpus Christi Ship Channel in a utility corridor from North Beach to the Corpus Christi Art Museum. These mains, which were installed in 1960, need to be replaced. Due to the planned dredging of the ship channel to a greater depth, the new lines will be installed approximately 25-30 below depth proposed by the U.S. Army Corps of Engineers and the Port of Corpus Christi. FUNDING: Funds for this project are available in the FY 2001-2002 Wastewater and Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Water Services //~'gel R. Escobar, P. E., rector of Engineering Services Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit 'B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Corpus Christi Ship Channel Utility Crossing (Project #7170/8429) PRIOR COUNCIL ACTION: 1. January 15, 2002 - Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730). 2. December 10, 2002 - First Reading of the Ordinance approving the FY 2002- 2003 Capital Improvement Budget. PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. I to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: Approval of two construction contracts; one to install the new lines and one to demolish the existing lines. PROJECT BACKGROUND: The City utilities crossing under the Corpus Christi Ship Channel were originally installed in 1960, across Port of Corpus Christi property just east of the Harbor Bridge. These utilities serve Corpus Christi Beach, and include pipelines for water, wastewater, and gas service. Due to age and condition of the lines, they are near the end of their service life. The frequency of repairs has increased and some of the lines ara currently unusable. Replacement of the water and wastewater lines is needed in order to bring those systems up to an acceptable level of operational reliability for the Corpus Christi Beach area. The gas line will not be replaced, as other means of gas service have been developed for the area. The Port of Corpus Christi and the U.S. Army Corps of Engineers are moving forward with the planning efforts required for eventual deepening of the Corpus Christi Ship Channel. This proposed utility crossing replacement project will accommodate the planned deepening by installing the lines by directional drilling at the proper depth to permit the required clearance below the bottom of the deepened channel. The project will also involve removing the existing utility pipelines. This proposed project is part of the FY 2001-2002 Wastewater and Water Capital Improvement Budgets and Request For Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, and Gas Improvement Projects Package. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. PROJECT DESCRIPTION: This project consists of permitting, design, and preparation of plans and specifications for installation of wastewater force mains and potable water mains beneath the Corpus Christi Ship Channel in the vicinity of the Harbor Bridge, and removal of the existing utility crossings. The existing gas utility line will be demolished and will not be replaced CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". FINAL PRODUCT: Design, Bid and Construction Services will result in the new water and wastewater lines installed at a greater depth in the Corpus Christi Ship Channel and improved service to the Corpus Christi Beach area. CONTRACT SUMMARY CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING (Project No. 7171 & 8429) 1. SCOPE OFPROJECT WASTEWATER - Proiect No. 7173 and WATER - Project No. 8429 - This project consists of permitting, design, and preparation of plans and specifications for installation of wastewater force mains and potable water mains beneath the Corpus Christi Ship Channel in the vicinity of the Harbor Bridge, and removal of the existing utility crossings. The existing gas utility line will be demolished and will not be reDlaced. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3 SCHEDULE PROPOSED PROJECTSCHEDULE DAY DATE ACTIVITY Thursday January 2, 2003 Begin Design Memorandum Monday April 7, 2003 City Review/Approval Monday May 5, 2003 Begin Design Phase Monday July 7, 2003 60% Submittal Monday August 4, 2003 City Review/Approval Monday October 6, 2003 100% Submittal Monday November 3, 2003 City Review/Approval Monday December 8, 2003 Final Submittal Monday December 15 & 22, 2003 Advertise for Bids Wednesday January 4, 2004 Pre-Bid Conference Wednesday January 28, 2004 Receive Bids Monday April 5, 2004 Begin Construction Monday August 9, 2004 Construction Completion ~ EXHIBIT "B" II 3. FEES Fee for Basic Services 1. Preliminary Phase $68,200 2. Design Phase 57,900 3. Bid Phase 19,100 4. Construction Phase 39,300 Subtotal Basic Services Fees 184,500 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits/Amendments c. U.S. Army Corps of Engineers (USACE) · Texas Commission on Environmental Quality (TCEQ) Permits/Amendments · Texas Historical Commission (THC) · United States Fish and Wildlife Service (USFWS), Texas Parks and Wildlife Department (TPWD), and National Marine Fisheries Service (NMFS) d. NPDES Permit/Amendments Total Permitting 17,900 2. ROW Acquisition Survey (AUTHORIZED) and 27,900 Topographic Survey 3. Right-Of-Way Title Services 5,900 4. Construction Observation Services (1/2 time- 4 42,000 months) 5. Start-up Services 1,900 6. Warranty Phase 2,600 Sub-Total Additional Services Fees Authorized 98,200 Total Authorized Fee $282,700 File : \Mproject\councilexhibits\exh7171/8429.dwg N NUECES BAY PROJECT LOCATION CHRISTI BAY rJ,t 43 CITY PROJECT No. 7171/8429 LOCATION MAP NOT TO SCALE EXHIBIT "C" CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DE~R~ENT OF ~GINE~ING SERWC~ PAGE: I of 1 DAW: 12-12-2002 19 AGENDA MEMORANDUM DATE: December 17, 2002 SUBJECT: Southside Water Transmission Main, Phases 4, 4a & 5 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Urban Engineering in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. ISSUE: Additional water transmission capacity is needed to serve projected growth within Pressure Zone 2. Continuation of t he Southside Water Transmission Main from the Staples Street Pumping Plant to Laguna Shores Road will be completed with this project, greatly improving water supply and pressure in the southern portion of the city. FUNDING: Funds for this project are available in the FY 2001-2002 Capital Improvement Budget. /MENDATION: Staff recommends approval of the motion as presented. Edu'ardo Garafia, P.E.,l '~' °~" Director of Water Services Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Council Action Exhibit "C" Contract Summary Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phases 4, 4a & 5 PRIOR COUNCIL ACTION: See EXHIBIT "B" PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineenng firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineenng firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineenng firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineenng firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: Approval of two construction contracts to complete the project as required. PROJECT BACKGROUND: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant (Staples Street Pumping Plant) to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area essentially southeast of Everhart Road. The new transmission main would substantially increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. PHASE 1: On June 16, 1998, Council awarded an engineering services contract to Urban Engineering for the $outhside Water Transmission Main Project - Phase 1 from the ON Stevens Water Treatment Plant to Clarkwood Road. Council awarded a construction contract for this phase of the project to Pate & Pate Construction on December 12, 2000. Construction for Phase one is pending completion, but the project has not been closed yet. PHASE 2, 2a and 3: On April 24, 2002, Council awarded an engineering contract to Urban Engineering for the Southside Water Transmission Main Phases 2,2a & 3 from the intersection of Saratoga Boulevard and County Road 54 to the Staples Street Pumping Plant, including a connection to the existing 42" Holly Road main. This project is currently out for bids and is scheduled to receive bids on December 18, 2002. PHASE 4, 4a and 5: It is anticipated that this project will be constructed in phases with Phases 4 and 4a being constructed together and Phase 5 constructed separately to expedite completion of the entire segment by June 2005. This project is part of the FY 2001 - 2002 Water Capital Improvement Budget and Request For Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, and Gas Improvement Projects Package. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. PROJECT DESCRIPTION: This project will include engineering services for Phases 4, 4a and 5 of the Southside Transmission Main System. · Phase 4 will install approximately 17,800 feet of a 42-inch main from the Staples Street Pumping Plant to south of the Yorktown/Rodd Field Road intersection, near Oso Creek. · Phase 4a will involve a 30-inch connection from the terminus of the 42-inch main at south of the Yorktown/Rodd Field Road intersection to an existing 30-inch main at Holly Road, approximately 19,200 feet. · Phase 5 will complete this next leg of the Southside Water Transmission Main by installing a new 36" main from the terminus of Phase 4, south of the ¥orktown/Rodd Field Road intersection to the intersection of Yorktown Boulevard and Laguna Shores Road. CONTRACT/FEE SUMMARY: A contract summary and fee is attached as Exhibit "C". AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Water Transmission Main 1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) 2. September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). 4. June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). 5. September 22, 1998 - Approval of Amendment No. I in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). 6. September 9, 1998- Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). 7. November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). 8. Mamh 2 3, 1 999 - Approval o f site s election a nd authorization t o proceed with acquisition (M99-078). 9. Mamh 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10. March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant a nd Storage Reservoir t o include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). 11. May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 12. May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). 13. June 22, 1999 - Award of construction contract to Pro-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). 14. July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). IEXHIBIT"B" I Page 1 of 2 15. September 28, 1999 - Award of construction contract to Gamey Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. Apdl 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. April 18, 2000 - Authorizing the condemnation of Pamels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. January 15, 2002 - Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730). 27. June 25, 2002 - Approval of Amendment No. 1 in the amount of $454,125 to the contract with Urban Engineering for the Southside Water Transmission Main, Phases 2, 2a & 3 and the Southside Gas Transmission Main, Part B & C to outsource the land negotiation and acquisition process to acquire the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission Mains. 28. December 10, 2002 - First Reading of the Ordinance approving the FY 2002 - 2003 Capital Improvement Budget. CONTRACT SUMMARY SOUTHSIDE WATER TRANSMISSION MAIN, PHASES 4, 4a & 5 (Project Nos. 8390, 8425, 8391) 1. SCOPE OFPROJECT This project consists of engineering services as follows: · Permitting, preliminary design, and right-of-way acquisition for Phases 4, 4A, and 5 as per Segment "B" recommended route from South Staples Pumping Plant to Padre Island. Design and construction of Phases 4, 4A and 5 (Multiple Contracts) 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and wdtten authorization is provided by the Director of Engineering Services. 3. SCHEDULE PROPOSED PHASE4~4A AND5PROJECTSCHEDULE DATE ACTIVITY Wednesday January 8, 2003 Begin Preliminary Monday February 24, 2003 Begin Oso Creek Permitting Friday February 28, 2003 Begin Ph. 4/4A Boundary Surveys & Easements. Friday March 7, 2003 Begin Ph. 4/4A Design Memorandum Monday May 12, 2003 Complete 4/4A Design Memorandum and Begin Ph. 5 Design Memorandum Monday June 9, 2003 Design Memo. Approval & Begin Ph. 4/4A Design and Esmt. Acquisition Monday June 16, 2003 Submit Oso Creek Permit Application Monday August 11,2003 Design Memo Approval & Begin Ph. 5 Design and Surveys & Esmts. Monday September 1, 2003 Complete Ph. 4/4A Esmt. Preparation Friday October 3, 2003 Ph. 4/4A 60% Submittal and Begin Ph. 5 Easement Acquisition Friday October 17, 2003 City Ph 4/4A Review (2 weeks) Fdday November 21,2003 Ph 5 60% Submittal Fdday December 12, 2003 City Ph 5 Review Wednesday December 31,2003 Complete Ph 4/4A Esmt. Acquisition Fdday January 9, 2004 Ph 4/4A 100% Submittal Fdday January 30, 2004 Complete Ph. 5 Esmt. Preparation Fdday January 23, 2004 City Ph 4/4A Review Monday Feb 23, 2004 Ph 4/4A Final Submittal and Ph 5 100% Submittal Monday March 1, 2004 City Ph 5 Review Monday March 15, 2004 Ph 4/4A Advertise For Bids Monday March 22, 2004 Ph 5 Final Submittal Wednesday March 31,2004 Ph 4/4A Pre-Bid Conference and Ph. 5 Final Submittal Wednesday Apd114, 2004 Receive Ph 4/4A Bids and Ph 5 Advertise For Bids Wednesday Apdl 28, 2004 Ph 5 Pre-Bid Conference Tuesday May 4, 2004 Ph 4/4A Contract Award Wednesday May 12, 2004 Receive Ph 5 Bids Monday May 31, 2004 Complete Ph. 5 Easement Acquisition Tuesday June 1, 2004 Ph 5 Contract Award Monday June 14, 2004 Begin Ph 4/4A Construction Wednesday July 6, 2004 Begin PH 5 Construction Wednesday June, 15, 2005 Complete Ph 4, 4A and 5 Construction 4. FEES Fee for Basic Services. 1. Preliminary Phase $ 110,107 2. Design Phase $ 611,136 3. Bid Phase $ 14,651 4. Construction Phase $ 108,108 Subtotal Basic Services Fees $ 844,002 Fee for Additional Services 1. Permit Preparation a Oso Creek Crossing (Phase 4 and 5) US Army Corp of Engineers Permit $ 58,560 b TxDOT and County Permits $ 10,625 2. Easement Acquisition Survey $ 87,221 3. Easement Acquisition Easement Coordination $ 85,170 Title Insurance ( $555/Tract) $ 47,175 Appraisals ( $1250/Tract) $ 106,250 Land Acquisition Specialists( $3770/Tract) $ 320,450 Legal Services (Allowance) $ 28,390 Condemnation Headngs (Allowance) $ 125,584 4. Aedal Photography $ 47,300 5. Topographic Survey $ 27,755 6. Environmental Issues a Materials Handling $ 5,460 b Phase I Environmental Site Assessment $ 19,500 7. Construction Observation Services N/A 8. Start-up Services $ 4,100 9. Warranty Phase $ 7,200 Sub-Total Additional Services Fees Authorized $ 980,740 Total Authorized Fee $ t,824,742 H:\HOl~£\Mproject\Councilexh\8590,8425,839Ldwg ~Z 20 AGENDA MEMORANDUM DATE: December 10, 2002 SUBJECT: Oso Wastewater Treatment Plant Structural/Process Improvements Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser (Project No. 7230) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with Smith, Russo and Memer for a total fee not to exceed $256,600 for the Oso Water Reclamation Plant Structural/Process Improvements Clarifler Bridges/Aeration Basin/Fine Bubble Diffuser. ISSUE: The treatment process at the Oso Water Reclamation Plant relies on major equipment which must eventually be rehabilitated or replaced to protect against service interruptions, plant overloading, permit violations, and to increase efficiency. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the FY 2001-2002 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, ~"~Angel R. Escobar, P. E., Director of Wastewater Department Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit"C" Location Map H:\HOME\VELMAR~GENIRFQ 2002*01\CONSULTANT AGENI3A\7230~AGENDA MEMO BACKGROUNDINFORMATION SUBJECT: Oso Water Reclamation Plant Structural/Process Improvements Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser (Project No. 7230) PRIOR COUNCIL ACTION: 1. January 15, 2002 - Ordinance approving the FY 2001-2002 Capital Budget (Ordinance No. 024730). 2. December 10, 2002 - First Reading Ordinance approving the FY 2002-2003 Capital Budget in the amount of $229,913,2000. PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of multiple construction contracts to complete the subject project. PROJECT BACKGROUND: The proposed project is part of FY 2001-2002 Wastewater Capital Improvement Budget and Request for Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, and Gas Improvement Projects Package. The treatment process at the Oso Plant relies on major equipment which must eventually be rehabilitated or replaced to protect against service interruptions, plant overloading, permit violations, and to increase efficiency. The programmed improvements provide for rehabilitating clarifier bridge structures and aeration basin diffuser retro-fit. This project will provide for replacement of clarifier bridge structures, investigation to restore air service to one digester and an engineering study of the effectiveness of fine bubble diffusion systems on new air drops. EXHIBIT "A"I Page 1 of 3 PROJECT DESCRIPTION: The proposed project consists of three (3) phases as follows: Phase 1 - Aeration Basins Structural Improvements Phase 2 - Clarifier Improvements Phase 3 - Process Evaluation Phase 1. Aeration Basins Structural Improvements (Interim Structure Repairs)- This phase consists Basic Services (Preliminary, Design, Bid, Construction) and Additional Services (Permitting, Topographic Survey, Construction Observation Services, Warranty). The Consultant will perform the following tasks: Ao Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie in point, and other applicable parameters required to complete the project including the following: · Perform review of the available reports for the aeration basins · Determine sequence of work that minimizes impacts to plant operations · Perform topographic survey of key basins, inlets, and top of structures · Design interim structural improvements to the existing catwalk structures (replacement of future phases) in all aeration basins and digester no. 4 Attend and participate in project start and planning meetings with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. Develop a preliminary construction schedule and sequencing plan including procurement, construction, testing, coordination, and provision for minimum interruption of services, and construction schedules with planned Capital Improvement Program (CIP) funding. D. Design Phase - Provide one set of construction drawings. Bid Phase · Attend pro-bid conference · Prepare addenda, as necessary · Prepare bid tabulation and letter of recommendation Construction Phase - provide one set of construction drawings. · Perform site visit · Assist City in preparation of Change Orders · Assist City with application for payment G. Provide topographic survey on all existing aeration structures. Phase 2 - Claflfier 2, 3, and 4 Improvements (BridRe Replacement) - This phase consists Preliminary, Design, Bid, and Construction Phase services. The Consultant will perform the following tasks: Field Investi,qation - A field investigation will be performed to define specific areas of improvements and other applicable parameters required to complete the project including the following: · Perform topographic survey of key structures, inlets, and top of structures · Provide recommendation on the most cost effective approach including budget constraints · Review of current technologies available for the OSO Water Reclamation Plant Facility B. Meetings - The Consultant will attend and participate in project start and planning meetings with City staff to discuss planning and conceptual design. Schedule - Develop a preliminary construction schedule and sequencing including procurement, construction, testing, coordination, a nd provision for minimum interruption of services. D. Process Modelin,q - Conduct Technology Review Workshop to discuss current technologies available for the Oso Water Reclamation Plant E. Topoqraphic Survey - Provide topographic survey of entire existing clarifier structures for clarifiers 2, 3, and 4. F. Cleanin,q Services - Provide cleaning services to allow for inspection of clarifiers 2, 3, and 4. Phase 3 - Process Evaluation - At this time, no Preliminary, Design, Bid, or Construction Phase Services are authorized. Services will be negotiated after completion of Phase 1 Aeration Basins Interim Structural Improvements and Phase 2 Clarifier Improvements and acceptance by the Director of Engineering Services. Subsequent amendments to the Consultant Contract will authorize work for Phase 3 Process Evaluation. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". FINAL PRODUCT: The final product will consist of design, bid, and construction phase services to improve the Oso Wastewater Treatment Plant. IEXHIBIT "a"I Page 3 of 3 CONTRACT SUMMARY Oso Wastewater Treatment Plant Structural/Process Improvements Clarifier Bridges/ Aeration Basin/Fine Bubble Diffuser (Project No. 7230) 1. SCOPE OF PROJECT The treatment process at the Oso Plant relies on major equipment which must eventually be rehabilitated or replaced to protect against service interruptions, plant overloading, permit violations, and to increase efficiency. The programmed improvements provide for rehabilitating clarifier bridge structures and aeration basin diffuser retro-fit. This project will provide for replacement of clarifier bridge structures, investigation to restore air service to one digester and an engineering study of the effectiveness of fine bubble diffusion systems on new air drops. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE PHASE I -Aeration Basins Structural Improvements (Project No. 7270) DAY DATE ACTIVITY Wednesday January 8, 2003 Begin Preliminary Phase Monday February 17, 2003 Submit Letter Report Monday March 3, 2003 Begin Design Phase Friday March 28, 2003 60% Submittal Friday April 25, 2003 City Review Friday May 23, 2003 100% Submittal Friday June 13, 2003 City Review Friday June 27, 2003 Final Submittal Monday (2) July 14, 2003 Advertise for Bids Wednesday July 30, 2003 Pro-Bid Conference Wednesday August 6, 2003 Receive Bids Monday October 6, 2003 Begin Construction Weekday February 6, 2004 Construction Completion Ht/HOM'~VELMA R\G E NIR FQ 2002,.011CONSULTANT A G E N DAI7230\CON T P. ACT SUMMARY EXHIBIT "B" ~ PHASE II - Clarifier 2, 3, and 4 Improvements (Project No. 7271) DAY DATE ACTIVITY Wednesday January 8, 2003 Begin Design of Cleaning Friday January 24, 2003 Complete Design of Cleaning Friday February 14, 2003 City Review Monday February 24, 2003 Bid Cleaning Wednesday April 9, 2003 Receive Bids for Cleaning Monday June 2, 2003 Begin Cleaning Monday June 9, 2003 Begin Clarifier Inspection Monday July 7, 2003 End Cleaning Monday July 14, 2003 Complete Clarifier Inspection Friday August 29, 2003 Submit Letter Report Monday September 22, 2003 Begin Design Phase Friday November 21, 2003 60% Submittal Monday January 5, 2004 City Review Friday March 5, 2004 100% Submittal Thursday April 15, 2004 City Review Tuesday May 4, 2004 Final Submittal Tuesday May 11, 2004 Advertise for Bids Wednesday June 16, 2004 Receive Bids Tuesday September 14, 2004 Begin Construction Tuesday May 17, 2005 Construction Completion PHASE III - Oso Water Reclamation Plant Process Evaluation (Project 7273) DAY DATE ACTIVITY Wednesday TBD Begin Preliminary Phase Monday TBD Begin Design Phase Friday TBD 60% Submittal Friday TBD City Review (30 days/4 weeks) Friday TBD 90% Submittal Friday TBD City Time Friday TBD Final Submittal Monday (2) TBD Advertise for Bids Wednesday TBD Pre-Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion EXHIBIT "B" Page 2 of 3 H;\HOME\VELMAR\GEN~RFQ 2002-01\CONSULTANT AGENDA\7230\CONTRACT SUMMARY 4. FEES Ph. I Ph. II Ph. III TOTAL Proj. No. Proj, No. Proj. No. 7270 7271 7273 Basic Services 1. Preliminary Phase $9,200.00 $40,000.00 TBD $49,200.00 2. Design Phase 17,200.00 84,500.00 TBD 101,700.00 3. Bid Phase 1,650.00 4,000.00 TBD 5,650.00 4. Construction Phase 4,950.00 20,000.00 TBD 24,950.00 Subtotal Basic Services Fees 33,000.00 148,500.00 TBD 181,500.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TCEQ Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency TX Dept. License and Regulation Total Permitting 1,400.00 2,000.00 TBD 3,400.00 2. ROW Acquisition Survey (AUTHORIZED) 0 0 0 0 3. Topographic Survey (AUTHORIZED) 5,000.00 10,000.00 TBD 15,000.00 4. Environmental Assessments 0 0 0 0 5. Construction Observation Services 13,600.00 34,000.00 TBD 47,600.00 6. Start-up Services 0 2,000.00 TBD 2,000.00 7. Warranty Phase 2,100.00 5,000.00 TBD 7,100.00 8. Provide SCADA Documentation N/A, N/A TBD TBD Sub-Total Additional Services Fees 22,100.00 53,000.00 TBD 75,100.00 Total Authorized Fee $55,100.00 $201,500.00 TBD $256,600.00 EXHIBIT "B" Page 3 of 3 H:/HOME\VELMAR\GEN\RFQ 2002o01\CONSULTANT AGENDA\7230\CONTRACT SUMMARY .upr o~ec ~ ~ counc exn,n,ts ~ exn z z ou.aw~l CORPUS CHRISTI BAY N PROJECT LOCATION c~Y° O£L osc PROJECT No. 7230 LOCATION flAP EXHIBIT "C" OSO WASTEWATER TREATMENT PLANT STRUCTURAL/PROCESS IMPROVEMENTS CLARIFIER BRIDGES/AERATION BASIN/ FINE BUBBLE DIFFUSER CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 12-06-2002 21 AGENDA MEMORANDUM December 3, 2002 AGENDA ITEM: Ordinance appropriating $15,629.00 from Barclay Grove Unit 7 developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $ 15,629.00 to the No. 6010 Drainage Channel 31 Trust Fund. Motion approving payment of $15,629.00, developers contribution from Barclay Grove Units 7, from the No. 6010 Drainage Channel 31 Trust Fund to Mark Bratton, Trustee, for disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee; and declaring and emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton and the City of Corpus Christi. The agreement requires the City to collect payments from other developers that use the Channel and reimburse Mr. Bratton (trustee) for his initial expenditure REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement between the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 6010 Drainage Channel 31 Trust Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as Interim Director of Development Services 'Angel R. Escobar, P.E. ' ~ Director of Engineering Services ATTACHMENTS: Exhibit A. Background Information Exhibit B Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Evolution of the Master Plan Drainage Channel 31 Trust Fund: In 1985, several land owners (participating owners), including the Corpus Christi Independent School District (CCISD), began investigating the basic infrastructure needs necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Katie Middle School site. The water grid mains and wastewater trunk systems for this area were in the process of being installed as part of King's Crossing development. The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of lot/acreage fees, were being used, as they are today throughout the City, to pay for water and wastewater improvements which serve a large area. A similar system for drainage was not in place, and unless there was a large development to absorb the drainage costs, development was hindered, as it is today, in areas without a drainage outfall in place. The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31 which included acquisition of right-of- way, excavation of the channel to Master Plan width, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established a pro rata fee based upon the area of the tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the pro rata charges from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the funding owners (CCISD, Hards & Chades Katie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. Prior Council Actions Associated with Master Plan Draina_oe Channel 31. Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of right of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pro rata acreage plan for area Page 1 of 2 sewed by Channel 31, and City collection of the pro rata acreage fee upon plating, building permit Issuance, or utility service, and dispersing this pro rata fee plus Interest to Trustee on December 31, 1985. (M85-0597) Resolution authorizing City Manager to take the necessary actions to establish impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public hearing to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. #O22773). Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Christi to attribute actual costs, pro rata, to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each particular tract on February 18, 1997 (M97-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on April 22, 1997 (Ord. #022913). Impact Fee Collection Trigger Points: Impact fees are collected at one of the following throe ~gger points, whichever occurs first, within all or any portion of a tract situated within Area 31: recordation of a subdivision plat; issuance of a building permit; or connection to the City's utility systems. Expiration of Contract Between the City. and Trustee: In accordance with the Contract executed on January 31, 1986, the Offsite Drainage Development Contract between the City of Corpus Christi and Mark Bratton, Trustee, will terminate on January 31, 2006, the 20th anniversary of the Contract. Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, however, such disbursement requires adoption of an ordinance appropriating the funds by Council. City Staff will make every attempt to obtain Council's approval and make payment to the Trustee within 30 days after receipt of funds from the developer. Current Development and Disbursement of Fees: Barclay Grove Unit 7 has platted, public infrastructure has been constructed, and the developer has paid the required drainage fees. Approval of this action by Council will authorize disbursement of Impact Fees to the Trustee. Page 2 of 2 LIPES M ASTER PLAN DRAINAGE CHANNEL NO. 31 Z O FUTURE UNIT 8 ARCLAY OR( UNIT 7 UNIT I RCLAY 6 GRO YORKTOWN BLVD. BAt~CLA Y GROVE UNIT ? MAS~-R PLAN DRAINAGE CHANNEL NO. $1 REIMBURS£MEN ~' t LOCA 7'/ON MAP EXHIBIT B · h~t I of ! Monday, December 09, 2002 TRACT 41 - BARCLAY GROVE UNIT 7 Subject property being a 8.609 Acres out of Lot 5, Section 10, F.B. & E.F. & G.T. 1) 2) 3) 4) s) Determine Distance Ratio: Net Service Units 319.67 TRACT # 41 .................................... 0.8911 Gross Service Units 358.73 Determine Land Use Factor: ZONING = R- lB >> LDR for total acreage 100% or 1.0 x 2.39 = 2.39 service unit per acre Calculate Construction Cost: (Tract Area) (Land Use Factor) (Distance Ratio) (impact fee / Service Unit) 8.609 x 2.39 x 0.8911 x (347.34 Service Unit) = $ 6,368.42 Calculate Remaining Debt Service: Tract #41 $ 97,297.62 - $ 6,368.42 $ 90,929.20 Calculate Impact Fee with Interest Accumulated: Present General Obligation Bond Rate As of 4/09/02 i = 0.0593 (annually) i. = 0.00492 (monthly) Impact Fee = (Construction Cost) (1 + I/12) n where n = # of months since 2/27/87 when Ditch 31 was completed ( n is an exponent) N = 1/27/87 thru 4/02 or 182 Months Impact fee = $ 6,368.42 x 1.004945 to the 182th. $ 6,368.42 x 2.454129 $ 15, 629.00 Mark Bratton Phone 361 855 0181 F~x 361 $55 0181 Co~pus ~ 7 November 2002 Angel Escobar City of Corpus Christi P.O.Box 9277 Corpus Christi, Texas 78469 Dear Mr. Escobar, Re: Offsite Drainage Development Contract dated January 16th 1986 between Mark Bmtton Trustee and the City of Corpus Christi regarding Master Plan Drainage Contract//31. In early September Shell Land Management Co. tendered a check to the City in the amount of $15,629.00. The check was for the Master Channel #31 drainage fee for Barklay Grove Unit #7. To date this fee has not been forwarded. The City agreed by unanimous vote of the Council in the "Offsite Drainage Development Contract" Paragraph 10 to" Immediately upon receipt of any sum from any Non-Participating Owner, under the terms ofp~ph 9, the City shall imm_~iately pay and disburse such sum to the Funding Owners through Trustee." The Funding Owners provided all monies for engineering, right of way and construction of the Drainage Channel 31 and respectfully request that these fees be paid promptly as agreed. Call me if there will be any further delays. Sincerely, Mark Bmtton, Trustee ORDINANCE APPROPRIATING $15,629.00 FROM BARCLAY GROVE UNIT 7 DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 6010 DRAINAGE CHANNEL 31 TRUST FUND; AMENDING ORDINANCE NO. 024130 WHICH APPROPRIATED THE TRUST FUNDS BY ADDING $15,629.00 TO THE NO. 6010 DRAINAGE CHANNEL 31 TRUST FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $15,629.00 is appropriated from Barclay Grove Unit 7 developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund. SECTION 2. That Ordinance No. 024130 which appropriated the Trust Funds, is amended by adding $15,629.00 to the No. 6010 Drainage Channel 31 Trust Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor By: ~,2-"o"~ Lisa Aguilar Assistant City Attorney ,2002 22 CITY COUNCIL AGENDA MEMORANDUM December '17, 2002 A. AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A $8,109.64 GRANT FROM FEMA FOR THE REPAIRS TO THE SALT WATER BARRIER DAM CAUSED BY THE JULY FLOODS, WITH A CITY MATCH OF $2,422.36 IN THE NO. 4010 WATER FUND. THE TOTAL PROJECT COST IS $10,532.00. B. APPROPRIATiNG $8,109.64 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE NO. 4010 WATER FUND FOR REPAIRS TO THE SALT WATER BARRIER DAM CAUSED BY THE JULY FLOODS; AND DECLARING AN EMERGENCY. ISSUE: The City has received Public Assistance Grant Money from FEMA in the amount of $8,109.64 to make repairs to the Salt Barrier Dam, with a city match of $2,422.36 in the NO. 4010 Water Fund. The total project cost is $10,532. 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: Approving the appropriation of $8,109.64 contribution. PREVIOUS COUNCIL ACTION: None FUNDING: The 25% percent local match will be through the Water Fund: CONCLUSION AND RECOMMENDATION: Staff recommends contribution and appropriate the funds. accepting (~]~rtr~ent~) the DIVISION OF EMERGENCY MANAGEMENT TEXAS DEPARTMENT OF PUBLIC SAFETY RICK PERRY P.O. Box 4087, Austin, Texas 78773-0228 THOMAS A. DAVIS, JR. Governor 512.424.2138 / Fax 512.424.2444 Director JACK COLLEY Coordinator November20,2002 Mr. Juan Ortiz, Emergency Mgmt. Coord. Corpus Christi, City of PO Box 9277 2406 Lepard St., Suite 400 Corpus Christi, Texas 78408 RE: Severe Storms and Flooding, FEMA 1425 DR TX Dear Ortiz: The enclosed package, number 234, 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 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. If you have any questions, please contact John Latham at (512) 424-5057. ~D~uk~e Mazurek State Coordinating Officer ETM:jdt Enclosure DATE: 11/20/200 FEDERAL EMERGENCY MANAUI-Mt:N i AUM'A, i PUBLIC ASSISTANCE GRANT SUMMARY (P.5) Disaster#: 1425 -DR State: TX APPLICANT: 000-Ul6KF-00 CORPUS CHRISTI, CITY OF PKG Date Approved PW CAT INF Cost 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 $0.00 234 11/06/200207:11 1127-0 D N N $10,532.00 $7,899.00 APPLICANT TOTAL IN PKG 234 (1 PW) $10,532.00 $7,899.00 APPLICANT TOTAL: 000-U16KF-00 (5 PWS) $346,674.83 $260,006.12 TOTAL for report: (5 PWs) $346,674.83 $260,006.12 Subgrantee Admin $101.55 $101.55 $6,702.03 $6,702.03 $919.28 $919.28 $0.00 $0.00 $210.64 $210.64 $7,933.50 $7,933.50 Total Approved $2,640.30 $2,640.30 $221,797.53 $221,797.53 $35,392.15 $35,392.15 $0.00 $0.00 $8,109.64 $8,109.64 $267,939.62 $267,939.62 Summary of Eligible Projects Project Funded Project Cost FEMA City Number Project Contribution Contribution 200 Repairs to the Security Fence Controller 3,385.00 2,640.30 846.25 205 Repairs to the Wesley Seale Dam South Spillway 286,794.00 221,797.53 71,698.50 Reimbursement for Emergency Response 45,963.83 209 Activities 35,392.15 11,490.96 234 Repairs to the Salt Barrier Dam 10,532.00 8,109.64 2,633.00 Total: $346,674.83 $267,939.62 $86,668.71 Previously accepted and appropriated by City Council. ORDINANCE APPROPRIATING $8,109.64 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE NO. 4010 WATER FUND FOR REPAIRS TO THE SALT WATER BARRIER DAM CAUSED BY THE JULY FLOODS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,109.64 from the Federal Emergency Management Agency is appropriated in the No. 4010 Water Fund for repairs to the salt water barrier dam caused by the July floods. 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. NeaI, Jr. Mayor APPROVED: This 12TM day of December, 2002: James R. Bray, Jr. City Attorney _ R. 04 R~ining f First Assistant City Attorney R22945A2.doc 23 CITY COUNCIL AGENDA MEMORANDUM December 10, 2002 AGENDA ITEM: Authorizing the City Manager to execute an agreement with the Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. BACKGROUND INFORMATION: Over the past several years, the City has provided $100,000 per year to assist the Downtown Management District's (DMD) development and redevelopment activities in the downtown. The 2002- 2003 City budget contains $80,073, which has been appropriated for this purpose. Traditionally, we have provided the funds on an annual basis to the DMD during the month of January. CONCLUSION AND RECOMMENDATION: Approve the annual agreement as presented. Mark McDaniel, Director Office of Management & Budget STATE OF TEXAS COUNTY OF NUECES AGREEMENT KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT, made and entered into the CITY OF CORPUS CHRISTI, TEXAS, hereinafter called the "City"), and CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, (hereinafter called t he "District"). Term. The term of this Agreement shall commence on August 1, 2002 and continue through July 31, 2003. Records. District agrees to record revenues, expenditures, and a balance sheet on a monthly basis, and financial statements shall be prepared annually in accordance with generally accepted accounting principles, all of which documents and records shall be made available to City upon request. The District agrees to assist the City of Corpus Christi in its downtown redevelopment and redevelopment activities, and coordinate its activities with the City of Corpus Christi. Compensation. City agrees to pay to District during the term of this agreement the sum of $80,073, which amount shall be paid on January 1. Notices. All notices, requests, or communications relating to this Agreement shall be made in writing and may be given by (i) depositing same in the United Sates Mail, postage prepaid, return receipt requested, addressed as set forth in this paragraph; or (ii) delivering the same to the party to be noticed. Notice given in accordance with (i) hereof shall be effective upon deposit in the United States Mail. The notice addresses of the parties hereto shall, until changed, be as follows: CITY: City of Corpus Christi, Texas 1201 Leopard Street P. O. Box 9277 Corpus Christi, TX 788469-9277 Attn: City Manager DISTRICT: Corpus Christi Downtown Management District 410 Peoples Street Corpus Christi, TX 78401 Attn: President Severability. In the event that any section, subsection, or paragraph of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such termination shall not affect the remainder of this Agreement and the same shall be given full force and effect as if said invalid section, subsection, or paragraph had not been included herein. Amendments or Counterparts. No amendments, modifications, or other changes in this Agreement shall be valid or effective absent the written agreement of the parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. Any breach of this Agreement now or through the term shall render the Agreement null and void. EXECUTED this __ day of first day of August, 2002. 2002, binding the respective parties, the ATTEST: CITY OF CORPUS CHRISTI City Secretary By: David R. Garcia, City Manager APPROVED AS TO LEGAL FORM THIS DAY OF James R. Bray, City Attorney CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT By: President 24 CITY COUNCIL AGENDA MEMORANDUM December 17, 2002 AGENDA ITEM: Motion approving the allocation of $92,500 to fund a total of 17 arts and cultural organizations for arts projects for FY 02-03. General Fund and Hotel-Motel Tax funding is authorized in the FY 02-03 budget. ISSUE: Annually funds are allocated for Arts & Cultural Commission Projects. The Arts & Cultural Commission make recommendations for allocation of these funds, which requires City Council approval. The Arts and Cultural Commission's recommends $92,500 be used to fund local art organizations projects. FUNDING: This year's Arts & Cultural Commission allocation is $131,500, of which $15,000 will be used for the Festival of the Arts. The Commission is recommending that $92,500 to be used for Arts Subgranting. PRIOR COUNCIL ACTION: $131,500 from the Hotel Occupancy Tax Fund and the General Fund was authorized in the FY 2002-2003 budget for arts projects. The members of the 2002 Ad Hoc Peer Panel that evaluate the subgrants were approved by City Council motion on August 20, 2002. BOARD/COMMITTEE REVIEW: The Arts & Cultural Commission approved the Subgrant awards recommendation to the City Council at their November 14, 2002 Commission meeting. REQUIRED COUNCIL ACTION: Allocation of the Arts Projects fund and the award of the art subgrant allocations to the arts organizations must be approved by the City Council. RECOMMENDATION: It is recommended that $92,500 of the $131,500 appropriated in the 2002-03 budget be used to fund seventeen (17) arts and cultural organizations for FY 02-03. Funding is authorized in the FY 02-03 budget. Daniel L. Whitworth, Director Park & Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information X Subgrant Spreadsheet X AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Annually, the City Council allocates funding for support to various arts programs in the City. The Arts & Cultural Commission solicits requests from local non- profit organizations and then makes a recommendation of funding to the City Council. The recommendation for FY 02-03 is based on the review of grant applications by an Ad Hoc Peer Panel consisting of 16 members from different art disciplines which were approved by the City Council. Their recommendations were based on artistic merit, community needs, impact on tourism and the applying organization's ability to match the grant, which is 50% of the total project award. A project selection procedure, the Arts Subgrant Guidelines, was developed in 1986 modeled after the Texas Commission on the Arts Peer Panel Review and has been updated regularly since. The process uses a worksheet rating system that addresses specific questions on the quality of each grant request. The final recommendation is adjusted mathematically to the amount of funds available. Applicants had the option to apply for an organizational grant or a project grant. An organizational grant funds all projects within a calendar year and a project grant funds individual projects of an organization. This year, 25 grant requests totaling $202,115 were received from 17 arts organizations. The ACC is recommending those 25 grant requests from the 17 arts and cultural organizations be funded at $92,500. The Arts Subgrant Guidelines define a process that provides an organization with two opportunities to appeal their recommended level of funding - first with the ACC and then with the City Council. This year there was one appeal to the ACC. One organization was denied funding through the Hotel Occupancy Fund guidelines for the fiscal year, as the project was a fundraiser and guidelines indicate fund raising is not supported by Subgrant funds. The total allocation recommended by the Arts & Cultural Commission to the arts organizations is $92,500 for ad subgrants (Attachment A). (FY 2002-03 Budget) Funds Available: $ 40,000 General Fund $ 91,500 Hotel Occupancy Tax Fund Recommended Expenditures: $ 92,500 $ 8,5O0 $ 21,500 $ 5,OOO $ 2,500 $ 1,500 Subgranting Public Art Maintenance C.C. Festival of the Arts Special Projects Funding Educational brochure Westside Business Moroles Art Project $131,500 Total Funding $131,500 Total Expenditure Attachment "A" 12003 SUbgrant Awards Group & Request -listed alphabetically PROJECT 1-Alcorte's Dance Studio ($8000) 2-Alcorte's Dance Studio ($ 7000) 3-Ballet Nacional ($5,000) 4-Ballet Nacional ($5000) 5-Ballet Nacional ($3000) 6-Cathedral Concert Series ($15,000) 7-C.B. School for the Arts ($2290) 8-C.B. School for the Arts ($2000) 9-Corpus Christi Ballet ($15,000) 10-CC Chamber Music Society ($12,350) 11-Corpus Christi Concert Ballet ($7500) 12-Corpus Christi Concert Ballet ($7500) 13- Corpus Christi Symphony ($15,000) 14-Corpus Christi Young Artists ($15,000) 15-Edgeworks ($9125) 16-Edgeworks ($4300) 17-Phillipine Society of the Performing Arts ($5400) 19-STIA ($5000) 20-STIA ($5000) 21-STIA ($4775) 22-State Museum of Asian Cultures ($15,000) 23-TAMU Native American Student Assoc. ($2250) 18-TAMU Poetry Story Script Society ($15,000) 24-TAMU Well Gallery ($1625) 25- Tejano Academy of Fine Arts ($15,000) Una Noche A Spring Break Spectacular Noche de Gala Salsa Fiesta Sharin~l a Cultural 2003 Season Strings Workshop Music, Mime and Movement Swan Lake 2003 Season Spring Gala Bailondo al aim 2003 Season International Competition Film Festival Speakers/Workshops Cecile Licad, Pianist Dorothy Hood Picasso The Territory Educational Program Pow-Wow Teen Poetry Slam Exhibit Spring Gala Subgrant :. AWARD $3,103 $2,857 $2,776 $2,862 $1,820 $6,131 $836 $709 $8,047 $5,022 $4,446 $4,575 $7,288 $6,788 $4,367 $1,688 $1,531 $2,362 $2,369 $2,255 $7,038 $1,105 $5,255 $818 $6,451 $92,50o I 25 CITY COUNCIL AGENDA MEMORANDUM Council Meeti~ 12/17/02 AGENDAITEM: Item A: Motion authorizing the City Manager, or his designee, to accept the Notification of Intent to Contract with the Area Agency on Aging for the continuation of the Elderly Nutrition Program grant for FY 2003. Item B: Motion authorizing the City Manager, or his designee, to accept a renewal grant in the amount of $219,600 and execute a contract with the Texas Department of Human Services for the FY 2003 Title XX Meals on Wheels program; and declaring an emergency. Item C: Ordinance appropriating a grant in the amount of $219,600 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the FY 2003 Title XX Meals on Wheels program; and declaring an emergency. Item D: Motion authorizing the City Manager, or his designee, to accept an additional $20,160 from the Texas Department of Human Services for the FY 2002 Title XX Meals on Wheels program; and declaring an emergency. Item E: Ordinance appropriating a grant in the amount of $20,160 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the FY 2002 Title XX Meals on Wheels program; and declaring an emergency. Item F: Motion authorizing the City Manager, or his designee, to accept an additional $14,158 from the Area Agency on Aging for the FY 2002 Elderly Nutrition Program; and declaring an emergency. Item G: Ordinance appropriating a grant in the amount of $14,158 from the Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the FY 2002 Elderly Nutrition Program; and declaring an emergency. Item H: Ordinance transferring $829,144 from the 1020 General Fund to the No. 1050 Federal/State Grants fund; appropriating $829,144 in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program; and declaring an emergency. H :\PR-DIR\S HARE D\SCS~AGEN DA\ENPXX-03.DOC Item I: Ordinance transferring $70,539 from the 1020 General Fund to the No. 1050 Federal/State Grants fund; appropriating $70,539 in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program and related grant projects in the Park and Recreation Department; and declaring an emergency. ISSUE: A Request for Proposal is submitted on an annual basis for the continuation of the Elderly Nutrition Program. Prior to issuing the funding contract, the Area Agency on Aging submits a Notice of Intent to Contract for services as outlined in the proposal. The City of Corpus Christi provides congregate meals, home delivered meals, and benefits counseling services for citizens sixty years and older. Funding for these programs is provided through federal and state grants which must be formally accepted and appropriated each year. Authorization for the program grants will be for the period October 1, 2002 through September 30, 2003. Periodically we receive additional funds as federal allocations permit. For FY 2002, both ENP and Title XX programs were eligible for budget enhancements. The City matching funds for Senior Community Services and all other Park and Recreation Department federally funded programs were approved in this year's budget and must be appropriated in t he N o. 1 050 Federal a nd S rate G rant Fund. T his a mount a Iso r effects additional funds required as a result of phase one of the compensation study implementation. PRIOR COUNCIL ACTION: Items A: The Council must approve a motion to grant authorization to accept the Notification of Intent t o Contract with t he A rea Agency o n Aging f or t he continuation o f t he EIderly Nutrition Program grant for FY 2003. Items B and C: On an annual basis the Council approves a motion to grant authorization to accept the grant and execute a contract with the Texas Department of Human Services for the continuation of the Title XX Meals on Wheels program for FY 2003. Items D and E: On November 13, 2001, the Council approved a motion to accept a renewal grant in the amount of $209,$40 for the FY 2002 Title XX Meals on Wheels Program. The grantee awarded $20,160 in funds to serve additional units to eligible clients. Items F and G: On November 13, 2001, the Council approved a motion to accept a renewal grant in the amount of $579,602 for the FY 2002 Elderly Nutrition program. The grantee awarded $14,158 in funds to serve additional units to eligible clients. Item H and I: City Council action is required to authorize the appropriation of matching funds which were included in the FY 02-03 City budget. H:\PR-DIR\S HARED\SCS~AGEN DA\EN PXX-03.DOC RECOMMENDATION: Council authorization requested to accept and appropriate grant funds for the Elderly Nutrition Program and Title XX Meals on Wheels Program and appropriate City matching funds for all federal and state grant projects in the Park and Recreation Department. Daniel L. Whitworth, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information × Park and Recreation Compensation Plan Allocation X H:\PR-DIR\S HARE D\SCS~AGEN DA\E N PXX-03.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City receives funding for senior citizens programs through federal and state grants. The City has submitted federal grant funding Request for Proposals for the Elderly Nutrition Program and the Title XX Meals on Wheels program. The Area Agency on Aging of the Coastal Bend has declared its intent to contract for services as outlined in the Request for Proposal for the Elderly Nutrition Program for FY 02-03. The Texas Department of Human Services has notified the City that State grant funds are available for the Title XX Meals on Wheels program for FY 02-03. The Elderly Nutrition Program (ENP) provides social services and a nutritious lunch to persons 60 years of age or older at nine senior centers located throughout the City. Last fiscal year we served 154,303 meals to 4,065 seniors. The centers also provide recreational and social services for persons age 50 and older, and benefits counseling services to those 60 and over. The grant also provides funding for the Home Delivered Meal Program, which delivers a nutritious, well balanced meal to homebound seniors in the City. During FY 01-02, this program served 85,279 meals to 894 seniors. City staff provided 851 hours of benefits counseling services to 360 older adults in the City. These federal funds do require a local match which is budgeted as part of the FY 01-02 City budget. The Title XX Meals on Wheels Program (MOW) provides a home delivered nutritious lunch to elderly and/or disabled persons throughout the City. The participants in this program are screened and referred to Senior Community Services by TDHS staff. The meals are prepared in the City's state of the art nutrition operations facility and delivered to eligible clients Monday through Friday. The menus are certified by a dietician, and meet 1/3 of the recommended dietary allowance. In FY 01-02, we served 46,126 meals to 345 participants. The City provides matching funds for the operations of the Senior Community Services program. The general fund match was budgeted as part of the FY 01-02 City budgets and must be appropriated each year. Additional City general fund allocations were required as a result of Phase I of the Compensation Study implementation. This appropriation will fund all related grant projects in the Park and Recreation Department (please refer to the attachment). H:\PR-DIR\S HARED\SCS~AGE N DA\E N PXX-03.DOC CITY OF CORPUS CHRISTI Park and Recreation Department-General Fund Match Compensation Plan Allocation FUND/ORG~ Grants 1050 805020 Weed & Seed - Haven 97-98 1050 805024 Weed & Seed - Site II West 1050 810113 21st Century - West ese 02-03 1050 810502 Meals on Wheels 01-02 1050 810802 SCS/ENP 01-02 1050 810952 Sr Companion Program 01-02 1050 811003 RSVP 02-03 1050 850238 Weed and Seed 01-02 1060 860202 CYD Program Cost 01-02 1060 860205 CYD - Park & Rec 0%02 Total Grants Salaries Retirement #510100 #511000 Total (DebiO 204 39 244 525 101 626 2,587 500 3,087 1,437 278 1,715 35,659 6,889 42,549 2,677 517 3,195 4,499 869 5,368 502 97 599 342 66 408 10,685 2,064 12,749 59,118 11,422 70,539 (Credit) ORDINANCE APPROPRIATING A GRANT 1N THE AMOUNT OF $219,600 FROM THE TEXAS DEPARTMENT OF HUMAN SERVICES IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE TITLE XX MEALS ON WHEELS PROGRAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $219,600 is appropriated from the Texas Department of Human Services in the No. 1050 Federal/State grants fund for the Title XX Meals on Wheels Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor {'~,.-c · O,(- _, 2002 By: Lisa Aguilar O Assistant City Attorney ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $20,160 FROM THE TEXAS DEPARTMENT OF HUMAN SERVICES IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE FY 2002 TITLE XX MEALS ON WHEELS GRANT PERIOD; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $20,160 is appropriated from the Texas Department of Human Services in the No. 1050 Federal/State grants fund for the FY 2002 Title XX Meals on Wheels Grant Period. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved ~ . James R. Bray, Jr. City Attorney ,2002 Lisa Aguil~ 0 Assistant City 7~ttorney ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $14,158 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS-AREA AGENCY ON AGING IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE FY 2002 ELDERLY NUTRITION PROGRAM GRANT PERIOD; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $14,158 is appropriated from the Coastal Bend Council of Governments-Area Agency on Aging in the No. 1050 Federal/State grants fund for the FY 2002 Elderly Nutrition Program Grant Period. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor D~,~. O~ ,2002 By: Lisa Aguilar Assistant City Attorney ORDINANCE TRANSFERRING $829,144 FROM THE NO. 1020 GENERAL FUND TO THE NO. 1050 FEDERAL/STATE GRANTS FUND; APPROPRIATING $829,144 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS MATCHING FUNDS FOR THE SENIOR COMMUNITY SERVICES PROGAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $829,144 is transferred from the No. 1020 General Fund to the No. 1050 Federal/State Grants fund and appropriated in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program and related grant projects in the Park and Recreation Department. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attomey Samuel L. Neal, Jr. Mayor lxa4~c' [ ~ _, 2002 By: Lisa Aguilar ~4 Assistant City'Kttorney ORDINANCE TRANSFERRING $70,539 FROM THE NO. 1020 GENERAL FUND TO THE NO. 1050 FEDERAL/STATE GRANTS FUND; APPROPRIATING $70,539 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS MATCHING FUNDS FOR THE SENIOR COMMUNITY SERVICES PROGAM AND RELATED GRANT PROJECTS IN THE PARK AND RECREATION DEPARTMENT; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $70,539 is transferred from the No. 1020 General Fund to the No. 1050 Federal/State Grants fund and appropriated in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program and related grant projects in the Park and Recreation Department. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor I[ ,2002 Lisa Aguilar ~) Assistant City Atlbrney 26 AGENDA MEMORANDUM December 17 2002 SUBJECT: Sale of City Property - Tuloso Park Lot 38R, Block 1, Tuloso Estates Subdivision -. 1.217 acres AGENDA ITEM: Ordinance approving the sale of a former City park known as Tuloso Park with platted description of Lot 38R, Block 1, Tuloso Estates Subdivision, located on Timberline Drive for $30,500 received from Flint Hills Resources, LP by sealed bid and authorizing the City Manager or his designee to execute a Special Warranty Deed for the sale and conveyance of the subject property and declaring an emergency. ISSUE: On November 7,2000, Proposition 7 was passed by the voters authorizing the sale of certain City park lands. City staff advertised for the sale of Tuloso Park by sealed bids. A bid for $30,500 was received from Flint Hills Resources, LP on December 2, 2002. City Council approval is required for the sale of any surplus real property. This ordinance approves acceptance of the bid and authorization of the City Manager or his designee to execute a Special Warranty Deed for conveyance of the subject property. FUNDING: No funding is required for this ordinance. RECOMMENDATION: Approval of the ordinance as presented. ,~ge~ . 'EScobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Exhibit B. Location Map H:\HOME\EUSEBIOG\GEN~Agenda Items\Tuloso Park~,Agenda Memorandum.doc BACKGROUND INFORMATION The City's Park and Recreation Department initiated an effort to sell off several unused and undeveloped parks in order to reduce their maintenance costs. The proposed sale of these parks would generate revenue to acquire and improve other parks. City Council voted to submit a proposition to the voters regarding whether sale of certain parks should be authorized. On November 7,2000, Preposition 7 was passed by the voters authorizing the sale of certain City parks. A public hearing was held on August 21, 2001 to pass a resolution authorizing the City Manager to take action to sell and dispose of eight City parks. The public hearing also satisfied the requirements of Chapter 26 of the Texas Parks and Wildlife Code. The City's Land Acquisition staff advertised for bids for Tuloso Park as required by Section 272.001 of the Texas Local Government Code. The opening bid of $30,000 was set along with other provisions of the sale. A bid opening was held on December 2, 2002 in which a single bid of $30,500 was received from Flint Hills Resources, LP. This is the second sale of a City park by sealed bid. The previous sale of Meldo Park took place in February 2002 for $100,000. Another property located at Martin Luther King Dr. and Peabody remains to be sold by sealed bid as soon as replatting is complete. PRIOR COUNCIL ACTION: Auqust 29, 2000 - Ordinance amending the election ordinance adopted on August 29, 2000 (ordering Special Election on November 7, 2000) to add a ballot preposition for sale of certain park land; and declaring an emergency. (Ordinance No. 024193) August 21, 2001 - Resolution finding upon public hearing, that certain parcels of real property owned by the city and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's remaining park lands as a result of the sale or disposal of the specified parcels. (Resolution 024548) September 18, 2001 - Ordinance authorizing the City Manager, or his designee, to execute a Special Warranty Deed necessary for the sale of Lot 1, Block 1, and Lot 1, Block 3, Arcadia Subdivision to Del Mar College pursuant to Section 272.001 (j) of the Local Government Code in consideration of the property being used for public education purposes and the sum of $17,722 with covenant to maintain the premises and retain the necessary utility easements. (Ordinance No. 024591) Exhibit A ] 1 of 2 February 26, 2002 - Ordinance approving the sale of a former City park known as Meldo Park with platted description of Lot 4, Block 3, Meldo Park Subdivision, located on Brawner Parkway, west of Santa Fe for $100,000 received by sealed bid and authorizing the City Manager or his designee to execute a Special Warranty Deed for the sale and conveyance of the subject property and declaring an emergency. (Ordinance No. 024782) FUTURE COUNCIL ACTION: approval of the bid for the remaining property to be sold located at Martin Luther King Dr. and Peabody. SALE PROPERTY: Tuloso Park is located on Timberline Drive, north of the Tuloso Midway Independent School District (TMISD) Intermediate School campus at 1925 Tuloso Road. A map showing the location and configuration of the subject Tuloso Park is shown on Exhibit B. This tract, which contains approximately 53,012.52 square feet (1.217 acres), has recently been replatted by City staff as Lot 38R, Block 1, Tuloso Estates Subdivision. The property is zoned R-2, Multiple Dwelling District which allows multiple family or townhouse dwellings. The tract contains a 50-foot wide Coastal Pipeline Easement that transverses across the tract from east to west. The City will convey fee simple title to Tuloso Park using a Special Warranty Deed. The buyer will pay for their own title policy and the City will pay for the closing costs. At the buyer's request, San Jacinto Title Company located at 802 Carancahua Street will handle the closing. PROVISIONS OF THE SALE: 1. A closing date is set at no later than 60 days after the bid has been accepted. The acceptance of the high bid is contingent upon City Council approval. 2. This is a cash basis sale. The City of Corpus Christi will not provide financing. 3. Any property inspections, title insurance or other inspections/investigations will be at the sole cost of the purchaser. 4. The City will pay for all closing costs and other fees involved with the transaction excluding the cost of a title policy. Any attorney's fees and broker's commissions will be the responsibility of the purchaser. 5. The property is purchased in "as-is" condition and no warranties expressed or implied are claimed or given by the City of Corpus Christi. 6. Purchaser is aware of any and all easements, including pipeline and utility easements. 7. Use of the property is restricted to uses specified in R-2 zoning, Multiple Dwelling District, in addition to the deed restrictions recorded in Vol. 61, Pg. 164, Nueces County Deed Records, to the extent said deed restrictions are valid and enforceable. H:\HOME~EUSEBIOG\GEN~,genda Items\Tuloso Park\BACKGROUND INFORMATION.doc Exhibit A 2 of 2 rue : \M~roject\councdex~bits\exhtuloso.dwg N z PROJECT AGNES ST LOCATION MAP NOT TO SCALE SUBJECT PARCEL N BLOCK 1, LOT $8R Tuloso Midway Independent School District VICINITY NOT TO SCALE EXHIBIT OF BLOCK 1, LOT 38R TULOSO ESTATES SUBDIVISION CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "B" DEPARTMENT OF.ENGINEERING SERVICES DATE: 12-11-2002 AN ORDINANCE APPROVING THE SALE OF A FORMER CITY PARK KNOWN AS TULOSO PARK WITH PLATTED DESCRIPTION OF LOT 38R, BLOCK 1, TULOSO ESTATES SUBDIVISION, LOCATED ON TIMBERLINE DRIVE FOR $30,500 RECEIVED FROM FLINT HILLS RESOURCES, LP BY SEALED BID AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SPECIAL WARRANTY DEED FOR THE SALE AND CONVEYANCE OF THE SUBJECT PROPERTY AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Special Warranty Deed for Lot 38R, Block 1, Tuloso Estates Subdivision, formerly known as Tuloso Park, to Flint Hills Resources, LP for the amount of $30,500. 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 shall take effect upon first reading as an emergency this the 17th day of December, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED THIS THE /g DAYOF JAMES R. BRAY, CITY ATTORNEY ,2002. By: Assistant City Attorney 27 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: December 17, 2002 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an Interlocal agreement with Tuloso-Midway Independent School District for the construction and maintenance of two playgrounds on district property. ISSUE: The Tuloso-Midway Independent School District (TMISD) needs playgrounds for its new primary elementary school (Pre-K, K, 1, 2 grades) at 3125 Deer Run and its new intermediate elementary school (3, 4,5 grades) at 1921 Overland. TMISD will maintain the two playgrounds if the City provides funds for the construction of the playground equipment. The City would like to sell the park land located at 8209 Timberline Drive ("Tuloso Park") and use the funds from the sale to purchase playground equipment and have it installed at the two TMISD sites. PRIOR COUNCIL ACTION: None. REQUIRED COUNCIL ACTION: A resolution must be passed authorizing the City Manager or his designee to enter into an inter-local agreement with Tuloso-Midway Independent School District (TMISD) which covers the responsibilities of the parties respective to the construction and maintenance of the two playgrounds. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board has been notified of the playground construction projects and voiced its approval. RECOMMENDATION: The staff recommends that the City Council adopt the resolution approving the inter-local agreement. ADDITIONAL SUPPORT MATERIAL Daniel L. Whitworth Director, Park and Recreation Background Information X Resolution X AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The Tuloso-Midway Independent School District (TMISD) seeks playgrounds for its new primary elementary school (Pre-K, K, 1, 2 grades) at 3125 Deer Run and its new intermediate elementary school (3, 4,5 grades) at 1921 Overland. TMISD will maintain the two playgrounds if the City provides funds for the construction of the playground equipment. The City would like to sell the park land located at 8209 Timberline Drive ("Tuloso Park") and use the funds from the sale to purchase playground equipment and have it installed at the two TMISD sites. Up to $30,000 in funds will be provided, based on the sale of Tuloso Park. TMISD agrees to provide school district land to use for construction of the playgrounds. The school district also agrees to maintain the playground equipment and land for the duration of the agreement. The school district also agrees to allow public access to the playground equipment during normal City park hours, except during the hours that school is actually in session at the two schools. The school district also agrees to maintain the property currently known as Maple Hills Park, located at 3125 Deer Run, for the duration of the agreement. TMISD is expected to adhere to City maintenance standards. The City maintains its liability from users of the park. H:~PR-DIR~CH RIS~SU P ERSS~Co u n cil~TMISDintedocal doc Interlocal Cooperation Agreement Between The City of Corpus Christi And Tuloso-Midway Independent School District For the Construction and Operation of Two Playgrounds Whereas, the City of Corpus Christi ("City") seeks to provide for playgrounds accessible to its citizens; and Whereas, the Tuloso-Midway Independent School District ("District") desires to construct playgrounds for the use of its students; and Whereas, the City wishes to provide for the maintenance of a city park located adjacent to District property; and Whereas, the City wishes to sell park land located at 8209 Timberline Drive ("Tuloso Park"), and provide playground access that will benefit those who live near and were previously served by Tuloso Park; and Whereas, both parties endeavor to create playgrounds that both schoolchildren and the public can enjoy; Now, therefore, the City and District, in consideration of the mutual covenants contained herein, agree as follows: I. City Responsibilities: A. The City agrees to provide funds to facilitate the purchase of playground equipment for two playgrounds located at the Tuloso-Midway Elementary School, 3125 Deer Run, and the Tuloso-Midway Intermediate School, 1921 Overland Trails. Up to $30,000 in funds will be provided, based on the sale of Tuloso Park. No funds other than those resulting from the sale of that land will be provided by the City. B, The payments made by the City under this agreement will be paid from current revenues available to the City. II. District Responsibilities: A. The District agrees to provide school district land to use for construction of playground equipment. The playground equipment will be located at the schools located at 3125 Deer Run and 1921 Overland Trails. B. The District agrees to maintain the playground equipment pumhased by the City for the duration of the agreement. R22721A2.doc Page 1 of 4 C. The District agrees to allow public access to the playground equipment during normal City park hours, except during the hours that school is actually in session at those two schools. D. The District agrees to maintain the property currently knows as Maple Hills Park, located at 3125 Deer Run, for the duration of this agreement. The District is expected to adhere to the maintenance standards, schedule, and requirements applicable to City parks that are maintained by the City Parks and Recreation Department. E. Expenses incurred by the District under this agreement will be paid from the District's current revenues available to the District. III. Term: This agreement is for a term of one (1) year, and will automatically renew annually, unless terminated by either party. IV. Termination: A. The City may at its own election choose to terminate the agreement in writing, if the District fails to meet its maintenance obligations. The City must give written notice of the termination to the District at least thirty (30) days prior to the effective date of the termination. Should the City terminate the agreement on this basis, the District is obligated to compensate the City for the playground equipment funding provided by the City. B. The District may at its own election terminate this agreement in writing for any reason. The District must give written notice of the termination to the City at least thirty (30) days prior to the effective date of the termination. Upon termination of this agreement by either party, the District must compensate the City for City funds used to provide the playground equipment under this agreement. Compensation will be in the amount of $30,000.00, less depreciation at 10% per year for ten (10) years. C. The City has the option upon termination to take ownership of the playground equipment purchased with the funds provided by this agreement. If the City exercises this option, the District is obligated to effect the physical transfer of the equipment to a location of the City's choosing. V. Liability: A. Except as provided in subsections B and C of this section, neither party is responsible for the acts or omissions of the other party, and has no obligation to compensate or indemnify the other party. B. The District agrees to compensate the City for any damage to City property or land caused by the District, its employees, or agents during the term of this agreement. Compensation is limited to current revenues available to the District. Page 2 of 4 R22721A2.doc Legal form approved on December 11, 2002 James R. Bray, Jr. City Attorney By: ~ ~ R. Ja~ Reining / First Assistant City Attorney TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT Paul Mostella President Board of Trustees Billy Lerma Secretary Board of Trustees R22721A2.doc Page 4 of 4 " 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION AND OPERATION OF TWO PLAYGROUNDS 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 an interlocal cooperation agreement with Tuloso-Midway Independent School District for the construction and operation of two playgrounds. 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: 12th day of December, 2002. James R. Bray Jr. City Attorney By: ~/~ ,~ R..Jay I~ining / First Assistant City Attorney Samuel L. Neal, Jr. Mayor R22721B1,doc 28 AGENDA MEMORANDUM DATE: December 17, 2002 SUBJECT: Corpus Christi North Beach Shoreline Protection/Habitat Restoration (Project No. 0112) AGENDA ITEM: A. Ordinance appropriating an additional $40,000 from the Coastal Bend Bays and Estuaries Program in the No. 1050 Federal/State Grants Fund for Corpus Christi Beach Shoreline Stabilization - Habitat Creation Project; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute a construction contract with Paula Construction, Inc. of Cleveland, Texas in the amount of $124,591.95 for the Corpus Christi North Beach Shoreline Protection/Habitat Restoration. ISSUE: The purpose of the proposed project is to create a salt marsh habitat for public use to reduce shoreline erosion at the north point of Corpus Christi Beach. FUNDING: Funds to finance the project are available from the Coastal Bend Bays and Estuaries Program, Parks and Recreation Capital Improvement Fund and General Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. ~_~,ngel 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 BACKGROUND INFORMATION SUBJECT: Corpus Christi North Beach Shoreline Protection/Habitat Restoration (Project No. 0112) PRIOR COUNCIL ACTION: 1. Auqust 22, 2000 - Motion authorizing the City Manager, or his designee, to execute a reimbursement contract in the amount of $85,000 with the Coastal Bend Bays and Estuaries Program for the Corpus Christi Beach Shoreline Stabilization Habitat Creation Project (Motion No. M2000-298). 2. Au.qust 22, 2000 - Ordinance appropriating $85,000 from the Coastal Bend Bays and Estuaries Program in the No. 1050 Federal/State Grants Fund for Corpus Christi Beach Shoreline Stabilization Habitat Creation Project; and declaring an emergency (Ordinance No. 024175). PRIOR ADMINISTRATIVE ACTION: 1. September 22, 2000 - A/E Agreement with Shiner, Moseley & Associates, Inc. in the amount of $14,500. 2. May 3, 2002 - Amendment No. 1 to the A/E Agreement with Shiner, Moseley & Associates, Inc. in the amount of $2,400. 3. May 6, 2002 - Amendment No. 2 to the A/E Agreement with Shiner, Moseley & Associates, Inc. in the amount of $8,090. 4. Au.qust 23, 2002 - A/E Agreement with Pyle & Associates for survey services in the amount of $2,160. PROJECT BACKGROUND: The purpose of this project is to create a salt marsh habitat for public use and to reduce shoreline erosion at the north point of Corpus Chdsti Beach through construction of an offshore break water, planting of salt marsh plants, construction of public access boardwalk and interpretive signage. PROJECT DESCRIPTION: The proposed project consists of the construction of a rock breakwater, a timber walkway/pier, interpretive signs, and marsh fill. The rock breakwater consists of two sections with one gap in between. The breakwater is to be placed approximately 100-feet off of the existing shoreline in water depths of approximately one and half feet (under normal conditions). A 4-foot wide, 30-foot long timber walkway is to be constructed from the existing shoreline with a plastic lumber deck. A concrete sidewalk and handicap van accessible parking area is also to be provided. Soil embankment from existing grade to sidewalk/walkway elevation is to be constructed as required. One interpretive sign is to be installed near the landward side of the walkway. Approximately 0.1 acres of shallow bay-bottom will be filled to varying depths. BID INFORMATION: The City received proposals from three (3) bidders on November 20, 2002. (See Exhibit "C" Bid Tabulation.) The Engineer's estimated construction cost for the Base Bid is $112,000. The bids range as follows: Base Bid from $109,162.40 to $202,800 Additive Alternate No. 1 from $2,364.45 to $5,600.00 Additive Alternate No. 2 from $7,565.10 to $8,750.00 Additive Alternate No. 3 from $5,500.00 to $8,750.00 City staff recommends that based on low bid, and satisfactory past work experience that a construction contract be awarded to Paula Construction, Inc. of Cleveland, Texas in the amount of $124,591.95, for the Corpus Christi North Beach Shoreline Protection/Habitat Restoration Project for base bid and additive alternates No. 1,2, & 3. FUNDING: Funds to finance the project are available from the Coastal Bend Bays and Estuaries Program, Parks and Recreation Capital Improvement Fund and General Fund. CORPUS CHRISTI NORTH BEACH SHORELINE PROTECTION/HABITAT RESTORATION Project No. 0112 Project Budget December 10, 2002 FUNDS AVAILABLE: Coastal Bend Bays Estuaries Program (CBBEP) ............................................................. Additional Coastal Bend Bays Estuaries Program (CBBEP) ............................................... Parks and Recreation Capital Improvement Fund ............................................................ General Fund ........................................................................................................... Total ...................................................................................................................... FUNDS REQUIRED: Construction (Paula Construction, Inc. of Cleveland, TX) Base Bid ....................................................................................... $109,162.40 Additive Alternate No. 1 ................................................................... 2,364.45 Additive Alternate No. 2 ................................................................... 7,565.10 Additive Alternate No. 3 ................................................................... 5,500.00 Total Construction ................................................................................................. Contingencies ........................................................................................................ Consultant (Shiner, Moseley & Associates, Inc.) .............................................................. Consultant (Pyle & Associates, Inc.) ............................................................................. Consultant (Felix H. Ocanas, Jr., P. E.) ......................................................................... Engineering Reimbursements ..................................................................................... Finance Reimbursements ........................................................................................... Testing ................................................................................................................... Printing, Advertising, Misc .......................................................................................... Total ...................................................................................................................... $85,000.00 40,000.00 25,000.00 32,480.95 $182,480.95 $124,591.95 12,459.00 24,990.00 2,160.00 5,280.00 6,000.00 1,000.00 5,000.00 1,000.00 $182,480.95 EXHIBIT"B" Page lofl TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS r TABULATED BY: Angel R.Escobar, P.H., Director of Engineering Services DATE: Wednesday, November 20, 2002 TIME OF COMPLETION: 90 Calendar Days i I Corpus Christi North Beach Shoreline Paula Construction Inc. Orion Construction Inc. Luhr Bros.Inc. Protection/Habitat Restoration P.O. Box 2067 12550 Fuqua P.0 Box 50 Project No. 0112 Cleveland, TX 77328 Houston, TX 77034 Columbia, IL 62236 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization/Demolization 1 LS 4,500.00 4,500.00 12,000.00 12,000.00 15,000.00 15,000.00 per lump sum 2 Timber Walkway, including 1 LS 10,800.00 10,800.00 23,500.00 23,500.00 50,000.00 50,000.00 timber lumber (2.5 CCA), concrete, piles, abutments, - abutment fill, etc. 3 Rock breakwater, including 160 LF 504.34 80,694.40 835.00 133,600.00 700.00 112,000.00 golf opening Section 4 Marsh fill including 1 LS 6,000.00 6,000.00 9,000.00 9,000.00 11,000.00 11,000.00 placement, grading, compaction, etc. 5 Interpretive sign allowance 1 LS 2,300.00 2,300.00 2,300.00 2,300.00 2,300.00 2,300.00 6 Interpretive sign 1 LS 1,500.00 1,500.00 650.00 650.00 1,500.00 1,500.00 installation including lumber, concrete and fhardware 7 Breakwater warning signs 1 LS 1,500.00 1,500.00 3,125.00 3,125.00 2,000.00 2,000.00 including signs and installation 8 Sidewalk and handicap van 1 LS 1,868.00 1,868.00 9,500.00 9,500.00 9,000.00 9,000.00 accessible parking area including grading, fill, compaction, signs, striping, etc. iloll W"! i o { N Q Page 1 of 2 ENGINEER'S ESTIMATE: $112,000 UNIT PRICE AMOUNT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TABULATION OF BIDS Page 2 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CBRISTI, TEXAS TABULATED BY: Angel R.Recobar, P.R., Director of Engineering Services DATE: Wednesday, November 20, 2002 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: ,$112,000 File : ~Mprojecf~councilexhibits~exhOl12.dwg NU£CES BAY N PROJECT LOCA~ON CORPU~OHRfS?Ia4y LOCATION MAP NOT TO SCALE CCTA North Park Beoch PROJECT SITE CT_TY PROJECT NO. 0112 VICINITY MAP NOT TO SCALE EXHZBI T '° D" CORPUS CHRT. STr_ NORTH BEACH SHORELINE PROTECTT. ON / HABr_ TAT RESTORATT_ON CITY OF CORPUS CHRISTI, TEXAS CZTY COUNC.TL EXHIBIT DEPARTMENT OF ENGINEERINO SERVICES PAGE: I of 1 DATE: 12-03 2002 ORDINANCE APPROPRIATING AN ADDITIONAL $40,000 FROM THE COASTAL BEND BAYS AND ESTUARIES PROGRAM IN THE NO. 1050 FEDERAUSTATE GRANTS FUND FOR CORPUS CHRISTI BEACH SHORELINE STABILIZATION -HABITAT CREATION PROJECT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional $40,000 from the Coastal Bend Bays and Estuaries Program is appropriated in the No. 1050 Federal/State Grants Fund for Corpus Christi Beach Shoreline Stabilization - Habitat Creation Project. 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 APPROVED: This __ day of James R. Bray City Attorney By: R.,,d'ay/t~eining,/ First Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi ,2002: R22115A1 .doc 29 CITY COUNCIL AGENDA MEMORANDUM Council Meeting: December 17, 2002 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to apply to the Criminal Justice Division of the Governor's Office for a one-year $250,000 Title V Delinquency Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at-risk youth. ISSUE: This is the last renewal of an existing grant, and includes a commitment to provide a 34% match. This match is covered by existing portions of the Juvenile Assessment Center budget and does not require additional funds. High research has proven that comprehensive intervention with status offenders prevents juvenile delinquency, but current community resources can only address a fraction of the families who need these services. The current grant has greatly increased the community's capacity to deal with status offenders, and a renewal would continue these efforts. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager of his designee to apply for the grant. RECOMMENDATION: Staff recommends that the Council pass a resolution authorizing the City Manager or his designee to apply for the Title V Delinquency Prevention Grant. Daniel L. Whitworth Director, Park and Recreation Rodolfo G. a'~ez ~ Chief, Municipal Court Judge ADDITIONAL SUPPORT MATERIAL Exhibit A Background Information Background Information The goal of the Pre-Delinquency Court and Case Management Project is to decrease juvenile cdme by helping at-risk families connect with the services they need to help their children avoid delinquency and become productive citizens of the community. Juveniles, who have been arrested for Municipal-level offenses, and their families, aro the target group for the Pro-Delinquency Court and Case Management Project. The geographic area to be served is Nueces County. It is estimated that at least 600 juveniles, ages ten through sixteen, and their families will participate in the project each year. The Pre-Delinquency Court and Case Management Project enhances the case management component of the Juvenile Assessment Center by providing for four additional case managers. These case managers handle the cases of juveniles who are court-ordered into case management at the center. The project also provides for the judge at Corpus Christi Municipal Court who hears only juvenile cases, such as truancies and curfew violations, and who court orders juvenile offenders into the case management program at the Juvenile Assessment Center. These Municipal-level offenses are early warning signs of the delinquent behavior that, without intervention, will follow. Title V Delinquency Prevention Grants aro funded for a pedod of three years. Following the requested renewal, alternative funding will have to be identified. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR A ONE-YEAR, $250,000 TITLE V DELINQUENCY PREVENTION GRANT TO ENHANCE MUNICIPAL COURT PROCESSING AND TRACK- ING OF STATUS OFFENDERS AND JUVENILE ASSESSMENT CENTER CASE MANAGEMENT SERVICES TO AT-RISK YOUTH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to apply to the Criminal Justice Division of the Governor's Office for a one-year, $250,000 Title V Delinquency Prevention Grant to enhance Municipal Court processing and tracking of status offen- ders and Juvenile Assessment Center case management services to at-risk youth. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM on the Samuel L. Neal, Jr., Mayor /¢7~'~day of December, 2002. Elizabe~l/R. Hundley, ~,ssist~nt City Attor~ 30 CITY COUNCIL AGENDA MEMORANDUM December 17, 2002 AGENDA ITEM: ORDINANCE AUTHORIZING TBE CITY MANAGER, OR ~ll~q DESIGNEE, TO EXECUTE AN AMENDMENT TO Tl~ FIVE RENTAL CAR CONCESSION LEASE AGREEMENTS WITH SOUTHWEST TEXAS LEASING CO., INC. DBA ADVANTAGE RENT-A-CAR, INC., COASTAL BEND RENT-A-CAR, INC., NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC., DOLLAR RENT-A-CAR SYSTEMS, INC., AND TEXAS SOUTH RENTALS, INC. DBA HERTZ CAR RENTAL ALLOWING FOR THE COLLECTION OF A CUSTOMER FACILITY CHARGE IN AN AMOUNT NOT TO EXCEED $1.00 PER RENT CAR CONTRACT DAY TO REIMBURSE AND 1AY FOR CAP1TAL IMPROVEMENT PROJECTS APPROVED BY THE DIRECTOR OF AVIATION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. ISSUE: Corpus Christi International Airport (CClA) has five Car Rental companies. The current leases do not allow for the collection of Customer Facility Charges to reimburse for capital improvement projects, approved by the Director of Aviation, which benefit the customers and add value to the airport's infrastructure. This Ordinance amending the leases would allow for the collection of up to one dollar per rent car contract day to fund the improvements. All capital improvements become the property of the City. Council must approve all lease amendments. FUNDING: This agreement is at no cost to CCIA. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. Dave Hamrick Acting Director of Aviation ADDITIONAL SUPPORT MATERIAL Additional Background AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: December 17, 2002 The Corpus Christi International Airport has five rent car tenants. The original terminal design did not provide for sufficient power or phone service to the rent car office/service counter areas. The City provided for the necessary upgrades by authorizing an administrative change order with the contractor and funded the upgrade, approximately $10,000, with bond money. Since then the rent car companies have approached the Airport Staff and requested that they be allowed to charge a Customer Facility Charges (CFC) to fund their build-out and future improvements, such as lighted canopies to cover their cars in the rental car ready lot. The collection of CFCs is a standard industry practice to facilitate capital improvements. All capital improvements become the property of the Airport at the end of the leases. Authorizing the Rent Car companies to collect a CFC for projects approved by the Director of Aviation, in an amount not to exceed $1.00 per contract day, negates the requirement to take all five leases to Council in the future every time a rent car company requests permission to collect a CFC to pay for capital improvements. Staff recommends approval of the Ordinance as presented. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE FIVE RENTAL CAR CONCESSION LEASE AGREEMENTS WITH SOUTHWEST TEXAS LEASING CO., INC. DBA ADVANTAGE RENT-A-CAR, INC., COASTAL BEND RENT-A~CAR, INC., NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC., DOLLAR RENT-A-CAR SYSTEMS, INC., AND TEXAS SOUTH RENTALS, INC. DBA HERTZ CAR RENTAL ALLOWING FOR THE COLLECTION OF A CUSTOMER FACILITY CHARGE IN AN AMOUNT NOT TO EXCEED $1.00 PER RENT CAR CONTRACT DAY TO REIMBURSE AND PAY FOR CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE DIRECTOR OF AVIATION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an amendment to the five Rental Car Concession Lease agreements with Southwest Texas Leasing Co., Inc. dba Advantage Rent-A-Car, Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc. dba Hertz Car Rental allowing for the collection o£a customer Facility Charge (CFC) in an amount not to exceed $1.00 per rent car contract day to reimburse and pay for capital improivement projects approved by the Director of Aviation. H:\LEG-DIR\john\ORDINANCE~Amend. Rent Car Leases.wpd 31 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting November 12, 2002 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five- year lease with Jesus Joe Mondragon, doing business as Corpus Christi City By The Sea Girls Fast Pitch League, for the use of a portion of Botsford Park for its softball program and in consideration of Corpus Christi City By The Sea Girls Fast Pitch League maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: The current Use Permit for the premises expires on the effective beginning date of the 5-year lease or the expiration of 11 months and 29 days from July 30, 2002. The Corpus Christi City by the Sea Girls Fast Pitch League has asked for a five-year lease on the premises and the RFP process that awarded the league the use of the property indicated a five-year lease would be approved. The league is in good standing with the Park and Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board approved the previous Use Permit of the area and was informed of the intent to extend the term of the lease. RECOMMENDATION: Staff recommends that the five-year lease with the Corpus Christi City by the Sea Girls Fast Pitch League be approved. Daniel L. Whitworth, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X Lease Summary X Ordinance X Map X AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The Corpus Christi City by the Sea Girls Fast Pitch League has been operating under a one-year use-permit at Botsford Park since July 30, 2002. The league was awarded the permit as a result of a Request for Proposal effort in order to get work started on preparing the fields for the season. The RFP indicated that the lease would be five years so that the poor condition of the facility could be corrected with borrowed funds, if needed, and the longer initial term would allow for easier financing. In 2001, The Corpus Christi City By The Sea Girls Fast Pitch League began a winter American Softball Association (ASA) affiliated league for girls ages 11 through 18. There were two divisions: 12 & under, and 18 & under. There were 144 participants in 2001. The league has also sponsored and organized girls fast-pitch tournaments for select teams around the state for the last three years. It averaged ten tournaments per year during that time. The tournaments were played at the Greenwood softball complex and at Incarnate Word Academy. The league plans to continue with the ten-tournament schedule per year as well as adding spring ASA and PONY girls fast pitch leagues. The ages of the girls will be from 5 through 14 and expected participants will be 300. AGENDA MEMORANDUM LEASE SUMMARY 1. Corpus Christi City by the Sea Girls Fast Pitch League has been using the fields at Botsford for youth softball programs. 2. The lease will be for a five-year term. 3. Lessee agrees to operate a girls youth fast pitch softball program and maintain the premises. 4. Lessee agrees to secure and maintain, at lessee's expense during the term of the Agreement, a commercial general liability insurance policy. 5. Lessee agrees to pay for all utilities used by it or for any activity sponsored by the lessee. 6. Either City or lessee may terminate the lease without cause by giving 30 days written notice to the non-terminating party. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EX- ECUTE A FIVE-YEAR LEASE WITH JESUS JOE MONDRAGON, DOING BUSINESS AS CORPUS CHRISTI CITY BY THE SEA GIRLS FAST PITCH LEAGUE FOR THE USE OF A PORTION OF BOTSFORD PARK FOR ITS SOFTBALL PROGRAM AND IN CONSIDERATION OF CORPUS CHRISTI CITY BY THE SEA GIRLS FAST PITCH LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a five-year lease with Jesus Joe Mondragon, doing business as Corpus Christi City by the Sea Girls Fast Pitch League, for the use of a portion of Botsford Park for its softball program and in consideration of Corpus Christi City by the Sea Girls Fast Pitch League maintaining the premises and improvements. A copy of the lease, including exhibits that are attached to and incorporated into the lease, is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the,first time and passed to its second read- ing on this the [~z,'~ day of ~"~;~L)~,~ , 2002, by the following vote: Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola ~.~.~ Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly ,2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED on this the ATTEST: day of CITY OF CORPUS CHRISTI ,2002. By: Armando Chapa, City Secretary By: Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM this day of JAMES R. BRAY, JR., CITY ATTORNEY Bill Ainswo ity Attorney ,2002. H/parks & rec cccbts girls fast pitch ordinance 102102 wpd CORPUS CHRISTI CITY BY THE SEA GIRLS FAST PITCH LEGEND LEASE EXHIBIT A 32 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting November 12, 2002 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five- year lease with Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central Corpus Christi Association, for the use of a portion of Botsford Park for its football program and in consideration of South Texas Pop Warner Youth Football Central Corpus Christi Association maintaining the premises and improvements; ~roviding for severance; and providing for publication. ISSUE: The current Use Permit for the premises expires on the effective beginning date of the five-year lease or the expiration of 11 months and 29 days from July 30, 2002. The South Texas Pop Warner Youth Football Central Corpus Christi Association has asked for a five-year lease on the premises and the RFP process that awarded the league the use of the property indicated a five-year lease would be approved. The league is in good standing with the Park and Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board approved the previous Use Permit of the area and was informed of the intent to extend the term of the lease. RECOMMENDATION: Staff recommends that the five-year lease with the South Texas Pop Warner Youth Football Central Corpus Christi Association be approved. Daniel L. Whitworth, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information Lease Summary Ordinance Map X X X X AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The South Texas Pop Warner Youth Football Central Corpus Christi Association has been operating under a one-year use-permit at Botsford Park since July 30, 2002. The association was awarded the permit as a result of a Request for Proposal (RFP) effort in order to get work started on preparing the fields for the season. The RFP indicated that the lease would be five years so that the poor condition of the facility could be corrected with borrowed funds, if needed, and the longer initial term would allow for easier financing. The association is a member of South Texas Pop Warner Youth Football League. South Texas Pop Warner, the parent organization, was given a charter from Pop Warner Little Scholars, Inc. (a national organization) in 1998. Central Corpus Christi Pop Warner was formed in 2001 to provide children on the west and central pads of the city an opportunity to participate in youth football without having to drive to the far south side to the South Texas Pop Warner fields. In the first season, the association limited itself to 3 tackle football teams because of the high cost of equipment. There were 72 participants that year. In 2002, the association is targeting 6 tackle football teams with registration limited to 154 players. They are also expecting to field 6 competitive cheerleading squads (50 girls.) Registration for flag football will be unlimited. The estimate for the fully expanded program would be 800 boys and girls from the ages of 5 through 13 based on the growth rate of the parent group. AGENDA MEMORANDUM LEASE SUMMARY 1. The South Texas Pop Warner Youth Football Central Corpus Christi Association has been using the fields at Botsford Park for youth football programs. 2. The lease will be for a five-year term. 3. Lessee agrees to operate a youth football program and maintain the premises. 4. Lessee agrees to secure and maintain, at lessee's expense during the term of the Agreement, a commercial general liability insurance policy. 5. Lessee agrees to pay for all utilities used by it or for any activity sponsored by the lessee. 6. Either City or lessee may terminate the lease without cause by giving 30 days written notice to the non-terminating party. LEGEND SOUTH TEXAS POP WARNER YOUTH FOOTBALL CENTRAL CORPUS CHRISTI ASSOSCIATION LEASE ' - . .. EXHIBITA AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EX- ECUTE A FIVE-YEAR LEASE WITH JESUS JOE MONDRAGON, DOING BUSINESS AS SOUTH TEXAS POP WARNER YOUTH FOOTBALL CENTRAL CORPUS CHRISTI ASSOCIATION, FOR THE USE OF A PORTION OF BOTSFORD PARK FOR ITS FOOTBALL PRO- GRAM AND IN CONSIDERATION OF SOUTH TEXAS POP WARNER YOUTH FOOTBALL CENTRAL CORPUS CHRISTI ASSOCIATION MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a five-year lease with Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central Corpus Christi Association, for the use of a portion of Botsford Park for its football program and in consideration of South Texas Pop Warner Youth Football Central Corpus Christi Association maintaining the premises and improvements. A copy of the lease, including exhibits that are attached to and incorporated into the lease, is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoina ordinance was read for the first time and passed to its second read- ing on this the '~ ~!~'day of ~ ~%fLL.OZ'-J4~ ,2002, by the following vote: Samuel L. Neal, Jr. Henry Garrett Brent Chesney Jesse Noyola Javier D. Colmenero Mark Scott (/'/~ Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly ,2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED on this the ATTEST: day of CITY OF CORPUS CHRISTI ,2002. By: Armando Chapa, City Secretary By: Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM this JAMES R. BRAY, JR., CITY ATTORNEY Bill Ainsworth, Assistant City Attorney day of ,2002. 33 CITY COUNCIL AGENDA MEMORANDUM December 5, 2003 AGENDAITEM: A. Public Hearing to hear citizens comments regarding proposed amendments to the Zoning Ordinance, Article 24. First Reading Ordinance - Amending the Zoning Ordinance by amending Article 24. Height, Area & Bulk requirements by adding a category for one family dwelling on Padre and Mustang Barrier Islands in an "AT" Apartment Tourist District; by including in this category the following minimum requirements: 20 ft front yard, 5 ft side & rear yards, 25% yard open space, 5,000 sq ft lot, and 50 ft lot width; and maximum requirements: none for height, 43,560 sq ft floor area per acre of lot area, 1.0 floor area factor, and 8.72 units per acre; providing for severance; and providing for publication. Planning Commission and Staff's Recommendation (11/20/02): Approval. Planning Commission included a caveat making the Mustang Padre Island Plan review a high priority. A key element of the plan should be focused on preserving the natural features of the barrier islands. REQUESTED COUNCIL ACTION: Approval of an amendment to Article 24 of the Zoning Ordinance to provide the following revisions to the Height, Area and Bulk Requirements of the "AT" Apartment-Tourist District for one family residential lots and applicable only on Mustang and Padre Barrier Islands: 1. Reduce the minimum lot size from 10,000 square feet to 5,000 square feet; 2. Reduce the minimum lot width from 85 feet to 50 feet; 3. Reduce the minimum side and rear yard setbacks from 10 feet to 5 feet; and Add Note 4 to the Notes at the end of Article 24 and reference this note in the 5,000 square feet reduction: Note 4: Lot 11 (4,942.77 sq. ft.) and Lot 27 (4,988.27 sq. ft.), BIk 1, La Concha Estates, platted before annexation proceedings began, are grandfathered for 1 family dwelling pursuant to §§ 43.002 and 245.002 Tx. Loc. Gov. Code. PREVIOUS COUNCIL ACTION: Effective December 31,2001, annexation and zoning of land and water areas on Mustang and Padre Islands, and more specifically located seaward of Park Road 22 and State Highway 361. City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 2 BACKGROUND: The 2001 annexation and zoning of Mustang Island created several unforeseen problems with several one family lots in five existing single-family residential subdivisions. These problems relate to undeveloped lots having to meet development standards for one family development that are higher than found in the City's other residential zoning districts and higher than Port Aransas requirements for one family development. In 2001, barrier island areas next to the Gulf of Mexico were zoned for "AT" Apartment- Tourist Zoning District, which provides for the highest density residential development but also permits one family development. The one family developments in an "AT" District are required to meet high-density condominium development standards for minimum lot size, lot width and, side and rear yard setbacks. The minimum "AT" requirements are: Lot size of 10,000 square feet; Lot width of 85 feet; and Side and rear yard widths of 10 feet. The table below indicates existing subdivisions and lots that do not meet the minimum "AT" District requirements. Existing Subdivisions Located East of State Highway 361 on Mustang Island Subdivision Lot Sizes Recording Date La Concha Estates 13 Lots less than 6,000 sq. ft. (1 is 4,988 sq. ft April 23, 2002 and 1 is 4,942 sq. ft.) 46 Lots less than 10, 000 sq. ft. (Nearly all lots < 85 ft. wide) Mariner's Watch 15 Lots less than 10,000sq. ft. (Iots<85'wide) July30, 1996 one house constructed The Palms at 3 Lots less than 10,000 sq. ft. (lots < 85' wide) Not Recorded Waters Edge Beach View 30 Lots less than 10,000 sq. ft. (lots < 85' wide) 3r~ Extension by PC Estates on 10/09/02 to 4/09/03 Sunrise Shores All Lots greater than 10,000 sq. ft. February 17, 1981 Substandard lot widths of 65' thru 78' The proposed changes to the "AT" District will allow the existing and future undeveloped lots to be constructed with one family homes and five foot side and rear yard setbacks consistent with other residential district setback standards. In addition, a reduction of lot H 5PLN-DIR\SHARED\WORD\Comprehensive Planning~ZONING~AT Text Amendments\12-10-02 City Council Public Hearing.doc City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 3 size for one family to 5,000 square feet and a reduction of lot width to 50 feet will make Corpus Christi zoning requirements competitive with Port ^ransas standards for one family barrier island development. The proposed amendments will not affect "AT" Apartment Tourist two family or higher density development requirements. M~hael N. Gunnihg, AICP, Dl'rector fo Plal(ning Attachments 1) Planning Commission Minutes 2) Ordinance H:XPLN-DIR~SHARED\WORD\Comprehensive PlanningXZONING~AT Text Amendmcnts\12-104)2 Ciiy Council Public Hearing.doc City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 4 Attachment 1: Excerpt from Planning Commission Minutes November 20, 2002 "AT" APARTMENT-TOURIST DISTRICT ZONING TEXT AMENDMENT - Public Hearing Mr. Gunning informed the Commission that when the City annexed property on Mustang Island in 1999 and 2001, there were several subdivisions that had been previously platted to be developed with single family residences. Staff recommended the zoning be "AT" Apadment Tourist District which allows a single- family use; however, the proposed subdivisions were impacted by the "AT" District 1 O-foot side and rear yard setback requirements. The proposed amendment also reduces the minimum lot size for the barrier island to 5,000 square foot with a 5-foot rear and side yard setbacks. Mr. Gunning added that land owners and developers were concerned that in order to be competitive with developments in Port Aransas, the minimum lot size needed to be reduced to 5,000 square feet or less, consistent with their regulations. In meetings with the developers, it was presumed that the annexed property and use would be grandfathered. However, the City allows recently advised that only the plat, the front yard setback, and the lot size and width are grandfathered as shown on the approved plat. Side and rear yard setbacks are not depicted on plats; and therefore, subject to the zoning in this case, the "AT" District requirement for 10-foot side and rear setbacks. The text amendment to the "AT" District would allow developers to proceed with their projects and plat owners to obtain single-family building permit. Mr. Doyle Curtis, Sr. Assistant City Attorney, emphasized that the proposed amendments would affect only properties zoned an "AT" District for single-family residential development on a barrier island. Public hearing was opened. Jim Urban, 2725 Swantner, responded Commissioner Amsler's question regarding utility location by stating that utility location is under the street and not in the rear setback. Commissioner Amsler expressed concern with the unlimited height restriction and side yard setback. He stated that there would not be any open space if buildings could be developed as row- type homes. Mr. Urban asked for information regarding the lot width in relation to a cul-de-sac. Mr. Gunning stated that the lot width is defined as an average of the width between the building line and the front property line. Commissioner Amsler asked about open space in relation to the beach area for the district. Mr. Urban explained that lots backing up to the beach have 50 feet that extends in the Gulf of Mexico, and 200 feet along to the beach for public access, and 300 to 500 feet of critical dune area. H:~LN-DIR\SHARED\WORD\Cornprehensive Planning~.ONING~AT Text Amendments\l 2-104)2 City Council Public Hearing.doc City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 5 These areas are non-accessible. Mr. Urban explained that there is a requirement for park dedication and also wetland areas need to be preserved. Public hearing closed. Commissioner Pusley expressed concern with creating amendments for a few subdivisions. Mr. Curtis explained that the developers requested the amendment for the entire Island as opposed to certain subdivisions. Motion by Pusley, seconded by Zamora, to reopen the public heating. Motion passed with Berlanga and Mims being absent. Jim Urban, 2725 Swantner, stated that the land area on Mustang Island is equally split between the City of Corpus Christi and Port Aransas. It has been his experience that only 10 projects have been completed in five (5) years. He said that the lots being sold are approximately 5,000 square feet and added that the proposed amendments would alleviate problems arising from being unable to develop the property with single family residences. Commissioner Richter agreed with trying to alleviate the current problem, but not to applying the proposed zoning to the entire Island. She suggested creating a separate zoning that would be applicable to the area, save the environment, and provide developable land. With respect to the park dedication, Commissioner Richter suggested that the beach not be included in the calculation and calculations should be amended to allow for preservation of an open space area. Public heating was closed. Motion by Smith, seconded by Zamora, to accept the amendments as submitted and include a caveat that Council make it a high priority that Staff review the Mustang/Padre Island Plan with respect to preserving and protecting our natural state of the barrier island within 12 months. Motion passed with Berlanga and Mims being absent. H:~PLN-DIR\SHARED\WORD\Comprehensive Planning~ZONING~AT Text Amendments\l 2-104)2 City Council Public Hearing.doc Page I of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A CATEGORY FOR ONE FAMILY DWELLING ON PADRE AND MUSTANG BARRIER ISLANDS IN AN "AT" APARTMENT TOURIST DISTRICT; BY INCLUDING IN THIS CATEGORY THE FOLLOWING MINIMUM REQUIREMENTS: 20 ft FRONT YARD, 5 ft SIDE & REAR YARDS, 25% YARD OPEN SPACE, 5,000 sq ft LOT, AND 50 ft LOT WIDTH; AND MAXIMUM REQUIREMENTS: NONE FOR HEIGHT, 43,560 sq ft FLOOR AREA PER ACRE OF LOT AREA, 1.0 FLOOR AREA FACTOR, AND 8.72 UNITS PER ACRE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 10, 2002, and on Tuesday, December 17, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 24-1 by: (1) inserting a category with separate requirements for One Family Dwelling on Padre and Mustang Barrier Islands as the first level of the row for "AT" Apartment Tourist District in the chart so that there will be four levels of requirements for "AT" Apa[tment Tourist; and by changing the words "1 & 2 family" to "all other 1 family and all 2 family" in the second level; (2) deleting the "*" (asterisk), "**" (2 asterisks), and "***" (3 asterisks) symbols used in the chart to designate notes "*" "**", and "***" shown immediately after the chart as the last part of Article 24; (3) replacing the "*", "**", and "***" symbols in the chart with "See Note 1", "See Note 2", and "See Note 3", respectively; \\LEGAL\LAW~LEG- DIR\DoyleDCu rtisWIY DOCS~2002\P&ZORD02~Zoning.ord~DOYLEC~ 002\111502. Rev.Art24.ATDist. 1 Family. Padre. Mustang. Barder.lsland. Ord doc Page 2 of 5 (4) replacing the "*", "**", and "***" symbols in the notes immediately following the chart with "Note 1 :", "Note 2:", and "Note 3:", respectively; (5) adding "See Note 4" after the "5000" (square feet) entry under the "Minimum Lot Area in Sq. Feet (Acres)' column in the "Padre or Mustang Barrier Island 1 family dwelling" category of the ' "AT"Apartment Tourist' District row of the chart; (6) adding Note 4 to the notes immediately following the charts; and (7) changing Section 24-1 to read as follows: "ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS Section 24-1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other articles contained in this ordinance. \\LEGAL\LAVV~LEG- D IR\DoyleDC u rtisffvlYDOCS~2002\P&ZORD02~Zoning, o rd\DOYLEC~2002\I 11502. R ev. Art24 .ATDist. 1 Family. Padre. M usta ng. Barrier. Island .Ord .doc Page 3 of 5 Maximum Height Minimum Minimum Maximum Maxln~Jm Yard Minimum Space Minimum Mlninmm Lot One-family See Note 2 436 "R-TH" 26 2 20' 5' 21,780' sq fl 05 1210 Townhcuse (1320) EN~lliflg See Note 3 s~ Note 3 85' 25% See Section 6-5 (33OO) Note 1: One side yard may be 0' provided the other is 10', for new subdivisions of 5 or more lots contiguously developed at the same time by one developer. Note 2: In the "R1-A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the"R1-B" District as minimum requirements. Note 3: Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B-6.03 are complied with. Note 4: Lot 11 (4,942.77 sq. ft.) and Lot 27 (4988.27 sq. ft.), BIk 1, La Concha Estates, platted before annexation proceedings began, are ,qrandfathered for 1 family dwelling pursuant to .~§ 43.002 and 245.002 Tx. Loc. Gov. Code). Abbreviations: Dwls = dwellings; 3+ = 3 or more; fam.=- family or families; a dash (- -) indicates no applicable regulations. \\LEGAL\LAW~LEG- DIR\DoyleDCurtisWIYDOCS~002~P&ZORD02~oning.ord\DOY LEC~2002\ 111502.Rev Art24.ATDist 1Family. Pad re. Mustang Barrier. Island Ord.doc Page 4 of 5 SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. The City Secretary shall file a certified copy of this ordinance with the Nueces County Clerk for recording in the Deed Records. The recorded ordinance will then be readily available to resolve title questions regarding minimum lot area, width, and setback compliance by any lot used for a one family dwelling in an "AT" Apartment Tourist District on Padre or Mustang Island. This may be especially helpful regarding the two grandfathered lots described at the end of Article 24 of the Zoning Ordinance in Note 4 as added by Section 1 of this ordinance. ~\LEGAL\LAW~LEG- D IR\DoyleDC u rtis\MYDOCS~2002\P&ZORD02~_on lng. o rd\DOYLEC~2002\I 11502. R ev.Art2.4 .ATDist. 1 F am i ly. Pad re. Mustang. B a r rier, Island Ord. doc 34 CITY COUNCIL AGENDA MEMORANDUM December 10, 2002 AGENDA ITEM: Ordinance approving the FY 2002-03 Capital Budget in the amount of $229,913,200 ISSUE: The City of Corpus Christi's Comprehensive Plan, as outlined in the City Charter, requires the development of a capital improvement program and annual capital budget. The City Council shall approve the Plan and Capital Budget within sixty days of submission by the City Manager (submitted on November 5, 2002). BACKGROUND: The City Council received an overview of the Proposed FY 2002-03 Capital Budget and Capital Improvement Planning Guide on November 19th. In addition, a public hearing was held to receive citizen input. After considerable discussion, the City Council directed Staff to review the Water Supply Program projects to ensure that the Padre Island Desalination Facility and the Garwood Water Supply Pipeline projects reflected a high priority status. Staff has further reviewed and adjusted the project timelines to reflect a more aggressive schedule for water supply projects. The Padre Island Desalination Facility now reflects construction in Year 3 (FY 2004-05) and the Garwood Water Supply Pipeline reflects construction in Year 11 (FY 2012-13). The original timeline reflected Year 5 and Year 25, respectively. Should demands for water increase and/or changes in historical weather patterns warrant an acceleration of the project timeline, the funds will be moved forward in the Capital Improvement Plan. On November 5, 2002, citizens approved several economic development initiatives that will require amendments to the CIP. Funding for the construction of a baseball stadium ($15million), a housing initiative program ($500 thousand per year) and marina-related utility improvements ($2.844 million) are now reflected in the Short-Range CIP. The following table summarizes revised project expenditures for the Short-Range CIP: SHORT-RANGE CIP SUMMARY (000s) Three-Year FY2003 FY2004 FY2005 Total CIP Pro|ect Category Airport $13,482.4 $145.0 $0 $13,627.4 Park and Recreation 5,086.5 0 0 5,086.5 Public Facilities 74,438.3 15,500.0 500 90,438.3 Public Health & Safety 17,153.0 13,636.7 27,600.0 58,389.7 Streets 23,807.5 10,776.0 4,101.4 38,684.9 Gas 1,009.7 0 0 1,009.7 Storm Water 6,080.0 5,550.0 5,550.0 17,180.0 Wastcwater 34,734.8 21,480.0 13,044.0 69,258.8 Water 43,611.0 8,700.0 11,630.0 63,941.0 Water Supply 10,510.0 6,050.0 13,450.0 30,010.0 Totals $229,913.2 $81,837.7 $75,875.4 $387,626.3 FUTURE COUNCIL ACTION: The Ordinance will be considered on its Second Reading at the December 17th, 2002 Council Meeting. RECOMMENDATION: During its public heatings and deliberations on November 6th and 13th, the Planning Commission approved the FY 2002-03 Capital Budget with an amendment to include projects approved by voters in the November 5, 2002 Election (minutes are attached). The attached Ordinance supports the recommendation. Mark L. M'c~Dan~el Director of Management and Budget Revised Short-Range CIP Summary X l 1.13.02 Planning Commission Meeting Minutes X PowerPoint Presentation X Ordinance X SHORT-RANGE CIP SUMMARY Proposed FY 2002-03 Expenditures (000•s) Prior FY CIP Budget Obligated Year 1 Year 2 Year 3 Funds 2002.2003 2003-2004 2004.2005 Airport $ 18,876.3 I $ 13,482.4 $ 145.0 $ - Park & Recreation 2,719.4 5,086.5 Public Facilities Multi -Purpose Arena Facility 5,055.4 Bayfront Plaza Convention Center 403.4 City Hall HVAC Chillers and Control System, Phase 1 0.0 Baseball Stadium 0.0 Affordable Housing Initiative 0.0 ADA 2002 Facility Improvements 0.0 subtotal 5,458.8 Public Health & Safety Fire Department 581.6 Health Department 2,665.5 JFK Causeway Elevation 4,000.0 Police/Fire Department 19.7 Solid Waste 860.6 Seawall 7,113.9 Packery Channel subtotal 15,241.3 Streets Street Improvements 11,329.9 ADA Transition Plan subtotal 11,329,9 Utilities Gas 193.0 Storm Water 1,946.6 Wastewater • 9,950.4 Water • 12,887.8 Water Supply 410.8 subtotal 25,388.6 TOTAL: $ 79,014.3 • relocation costs reflected in Streets Program 44,505.6 0.0 0.0 28,157.9 0.0 0.0 1,175.0 0.0 0.0 0.01= 0.0 0.0 it 599.8 0.0 0.0 74,438.3 15,500.0 500.00 161.0 512.3 1,680.3 - 10,750.00 4,399.4 13,636.7 16,850.0 10,400.0 17,153.0 13,636.7 27,600.0 22,641.9 9,426.0 3,093.4 1,165.6 1,350.0 1,008. 23,807.5 10,776.0 4,101.4 1,009.7 0 0 6,080.0 5,550.0 5,550.0 34,734.8 21,480.0 43,611.0 8,700.0 10,510.0 6,050.0 no 95,945.5 41,780.0 43,674.0 $ 229,913.2 $ 81,837.7 $ 75,875.4 Three Year Total $ 13,627.4 5,086.5 44,505.6 28,157.9 1,175.0 15,000.0 1,000.0 599.8 90,438.3 161.0 512.3 1,680.3 10,750.0 34,886.1 10,400.0 58,389.7 35,161.3 3,523.6 38,684.9 1,009.7 17,180.0 68,758.8 64,441.0 30,010.0 181,399.5 Special Meeting Planning Commission Minutes November 13, 2002 Commissioners Present: David Berlanga, Chairman Shirley Mires, Vice Chairman Neill F. Amsler Michael Pusley Richard Sm/th Bryan Stone Commissioners Absent: Elizabeth Chu Richter Eloy H. Salazar Robert Zamora StaffPresent: Michael N. Gunning, Director of Plarming Lucinda Beal, Recording Secretary Doyle Curtis, Sr. Assistant City Attorney Jay Reining, Assistant City Attorney Mario Tapia, Assistant Director of Capital Improvement Program 'Angel Escobar, Director of Engineering Services Kevin Stowers, Assistant Director of Engineering Services Lynda Sutherland, Contract Funds Coordinator CALL TO ORDER Chairman Berlanga declared a quomm and called the meeting to order at 4:05 p.m. PUBLIC HEARING AGENDA ITEM PUBLIC HEARING ON PROPOSED FY 2003 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING PROGRAM GUIDE AND PLANNING COMMISSION ACTION - The public hearing on the proposed FY 2003 CIP Budget and CIP Planning Program Guide was continued from the November 6, 2002 Planning Cormmssion meeting. Chairman Berlanga asked when does the Planning CornnUssion, as an advisory body to Council, participate in the planning process; for example, the 2004 Bond Program. Short Range Funded and nonfunded projects which become part of long range plans. Mr. Escobar explained the Planning Comrmssion will be updating the Priority 1 list and asking the Commission and Council to prioritize projects identified in the Priority 1 category. Projects would be identified for available funding depending on the dollar amount that Council takes to the voters. Commissioner Amsler stated he believed the projects listed in the plan are trying to rectify 20 years of inaction. He asked when would the Planning Commission be allowed to set the direction of what is trying to be accomplished. ConUmssion Amsler informed the staff Mr. Gunning stated that after review of the proposed projects outlined in the Capital Improvement Program, Planning Staff fmds that the programs are consistent with the adopted plans for the area. Mr. Tapia stated that the Office of Management and Budget Staff would need to amend the plan to include results of recent elections for the baseball stadium and housing initiatives. Motion by Pusley, seconded by Mims, recommending the CIP to the City Council as submitted by Staff and amend the plan to include results of recent elections for the baseball stadium and housing initiatives. Motion passed with Berlanga, Mims, Amsler, Pnsley, Smith and Stone voting "Aye" and Richter, Salazar, and Zamora being absent. Planning Commission Minutes Special Meeting November 6, 2002 Page 2 ADJOURNMENT Meeting adjourned at 6:35 p.m. Michael N. Gunning, AICP Lucinda P. Beal Director of Planning Recording Secretary CITY OF CORPUS CHRISTI FY 2002-2003 �OPOSED 4PITAL (AuDGET M� i i VA Short -Range CIP Revenues /3 Years) P Millions $250 $200 $150 $100 $50 $0 FY 2003 FY 2004 FY 2005 ■ CDBG 0 COs (New) ® Commercial Paper IM GLO M GO Bonds ■ Hotel/Motel Tax Bonds ■ Operating Funds 11 PI Tax Inc Fin Dist ■ Revenue Bonds ■ Sales Tax Bond Issue 2000 ■ Sales Tax Bond Issue 2002 ■ State Revolving Fund 111 Other 30 Short -Range CIP Expenditures (3 Years) Page 32 M illin r e $250 $200 $150 $100 $50 SIM FY 2003 FY 2004 FY 2005 Airport ■ Park & Recreation ® Public Facilities ■ Public Health & Safety Streets ❑ Gas ■ Storm Water ■ Wastewater ® Water ■ Water Supply AIRPORT SHORT-RANGE CIP Landside Roadway $yctrm $5,693 Terminal Buildi Construction $5,347.9 39°/ Airfield Drainge T---- -vents, Phase 3 000 7% Land Acquisition $681 5% Ither 5 7% so AIRPORT LONG-RANGE CIP Page 64 Taxiway Improvements $1,925 4% Airfield Drainage Airfield Rescue $1,350 3% Runway Extension $28,090 57% Land Acquisition $11,710 24% Other $1,447 3% Air Cargo/Multi-Use Building $1,225 3% i�l�.. ► frii. PARK AND RECREATION Bay $1 Youth On Facilities $1,02 SHORT - Other Park Facility hnprovements $218.8 4% E CIP Senior and Recreation Facilities $48.7 1% untish IslandfNkGee Beach Stabilization $1,885 38% Page 74 Renovation/Dewlolment of Nesting Parks $115.3 2% PARK AND RECREATION LONG-RANGE CIP Page 128 New Recreation & Aquatics Facilities Athletic Facilities Renovations $4,000 7% $8,775 17% Upgrade Lozano/Oso Golf Courses $9,000 16% Park Maintenance Operations Facility Improvements $2,450 4% Neighborhood Park Playground Renovations $5,000 9% New Golf Course $7,500 14% Festival Park $2,500 5% Other $4,060 7% Park Renovations & Improvements $7,890 14% Marina Dredging $4,000 7% PUBLIC FACILITIES SHORT-RANGE CIP Page 142 Baseball Stadium $15,000 17% Affordable Housing Initiative $1,000 1% ADA 2002 Facility Improvements $599.9 1% City Hall HVAC Chillers and Control System, Phase 1 $1,175 1% Bayfront Plaza Convention Center $28,157.9 31% Multi -Purpose Arena Facility $44,505.6 49% PUBLIC FACILITIES LONG - Affordable Housing Initial $3,500 City Hall HVAC Chilli and Control System Phase 2 $1,285 8% Museum Improvements $840 6% E CIP "- - - ansiowNew 37% Iseum ....i,..,..,..., uts $4,000 26% 152 Public Health Safety PUBLIC HEALTH & SAFETY Other $161 0% SHORT-RANGE CIP Page 162 NewLandfill/Elliott Police and Fire Training Improve ment/Final Facility, Phase 1 Cover $1,680.3 3% $10,750 18% Corpus Christi Animal Shelter and Vector Control Facility $512.3 1% North Padre Islal Stor Re( Env Re $10 Seawall, Sidewalk & Marina Bulkhead $34,886.1 60% PUBLIC HEALTH &SAFETY LONG-RANGE CIP Police Headquarters Eapansit $1,50 Construction New Fire Stations $3,000 20% Corpus Christi Animal ector se 2 Public Safety Training Facility, Phase 2 $10,000 69% 176 Streets Traffic Signalization Improvements $580.2 1% Other $3,166.9 8% STREETS SHORT-RANGE CIP City Share of TZDot Participation $415.7 1% City Share of New Subdivision Improvements $525.4 1% Street Utility Reserves $2,200 6% Street Reconstruction $13,458.5 35% RTA Special Street Projects $500 1% Street Improvements $1,220.3 3% CDBG Accessibility Improvements for the Disabled $810.8 2% Neighborhood Street Improvements $6,550 17% Street Resurfacing $9,257.1 24% STREETS LONG—RANGE CIP Page 242 Sidewalk and Curb Improvements $3,000 1% Street Reconstruction $325,634.9 67% Congestion Management Improvements Future T�Dot Participation $10,000 2% Neighborhood Streets - Voluntary Paving Program Petitions $7,000 1% ADA Curb Ramps $124,000 25% Street Lighting $3,000 1% Traffic Signalization Upgrades $6,240 1% Souths Transmis; Pal $844: GAS HORT-RANGE CIP Southside Gas Main, Southside Gas Transmission Main, Part E 258 GAS LONG-RANGE CIP Page 268 Compressed Natural gaS Station $610 9% Southside Gas Transmission Main, Parts B, C, F $6,517 91% Storm Tater STORM WATER SHORT-RANGE CIP Drainage System Water Quality Improvemer $300 2% Rolled Curb & Gutter Replacement $730 4% Concrete Channel Rehabilitation einn 10i Bridge Rehabilitation Page 278 m Drainage ements D 89% STORM WATER LONG-RANGE CIP Water St Pump Station Construction $18,500 28% Leopard S t Roadside Safety Improvements $3,500 5% Up River Rd Drainage Improvements Other ct 000 1°/ $3,850 6% �,� Storm Water Drainage Various Watershed Master Plan Improvements $1,400 2% $7,960 12% Existing Power St Pump Station Replacement $2,375 3% Meadowbrook Subdivision Area Drainage Improvements $1,300 2% Airport Ditch Outfall Improvements $6,000 9% Various Drainage System Water Quality Improvements $3,000 4% WK0s toryz-SPID to Holly Rd 'rASDrainage Improvements _ $5,000 7% Other Drainage Improvements $11,125 17% Mary Carroll Channel Widening $1,500 2% Hewit Estate/Los Amigos/Beekman Place Drainage Improvements $1,500 2% 292 WASTEWATER SHORT-RANGE CIP Lift Station Improvements & Carolyn Heights Diversion to Greenw Plant $6,880 10% Chlorine Removal Facilities at WW Treatment Plants $4,000 6% Broadway Plant Lift Station Improvements_ & Plant Alternatives $3,768 5% Allison Plant Rehab & Other Modifications $3,500 5% Clarkwood North Lift Station/Force Main $1,500 2% Infiltration/Inflow Related Collection System Enhancement Program $6,500 9% / Other $34,006.6 52% Laguna Madre Plant Collection System Rehabilitation $1,750 3% Staples Street Trunk Main Rehabilitation $2,410.9 4% Omaha Street Trunk Main Rehabilitation $1,364.3 2% Antelope 24" Trunk Main Rehabilitation $1,235 2% R1064 WASTEWATER LONG-RANGE CIP Rodd Field Village Greenwood Plant 4 MGD Improvement District Lkpansion $2,000 1% $17,000 10% Utility Building Expansion $2,000 1% Relocation of Mains & Services $3,000 2% Other Gravity Line $4,625 3% Improvements Sanitary Sewer $5,800 3% Installation in Developed Areas $9,000 5% Infiltration/InflowC RelatedCollection System Enhancement Program $8,000 5% Forcemain & Lift Station astewater Treatment Improvements lant Alternate Power $14,625 9% Supply Systems $3,000 2% McBride Lane Trunk Main Rehabilitation $2,500 1% Oso Plant Improvements $5,500 3% Odor Control $2,000 1% Broadway Treatment Plant Construction $47,000 28% Broadway Plant Demolition $1,500 1% �imprAllison Plant guna Madre Plant 23,800 1 % Improvements $23,800 14/° $17,750 10% North Navigation Pumping Plant $12,600 19.6% ON WATER HORT- T CIP Up River Road ...."..jj ... $8,600 13.3% Southside 7Yansmission Main Phases 2-5 $29,175 45.3% L ON Stevens Treatment Plant Additional Clearwells $12,500 17% Rodd Field Improvement Di $3,000 4% Sedimentation Basin No. 5 $23,000 31% WATER (;,,RANGE CIP Alternative Power Other Supplies $6,150 S% $1,000 1% ON Stevens Plant dge Disposal Facility $4,500 6% Page 418 Southside Transmission Maio, Phases 4 ,.. $12,363.5 17%% Upgrade Undersized Water Lines - Outisde City limits $7,000 9% Upgrade Undersized Water Lines - Inside City Limits ti ��a doi Cunningham Plant Conversion, Phase 1 $2,015 3% WATER SUPPLY Rincon Bayou Pipe Project $5,295 18% Padre Isl. Desalination HORT- Calallen Salt Water E CIP _�._ • - -- Dam $11,40038% Garwood Water Supply Pipeline $10,000 33% WATER SUPPLY LONG-RANGE CIP Garwood Water Supply Pipeline $88,000 100% ME ORDINANCE APPROVING THE FY 2002-03 CAPITAL BUDGET IN THE AMOUNT OF $229,913,200 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 2002-03 Capital Budget in the amount of $229,913,200 is hereby approved. A copy of the 2002-03 Capital Budget is on file in the Office of the City Secretary. 35 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: December 10, 2002) Case No. 1102-01, Braselton Land Ventures, Inc.: A change of zoning from a "F -R" Farm -Rural District to a "R -1C" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres out of Lots 13 and 14, located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road. Planning Commission and Staffs Recommendation (11/06/02): Approval. Requested Council Action: Approval of a "R -1C" One -family Dwelling District and adoption of the attached ordinance. Purpose of Request: To develop a 166 -lot single-family subdivision. Summary: The applicant has requested a change of zoning on the 27.896 acre land area from "F -R" Farm Rural District to "R -1C" One -family Dwelling District, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. The applicant proposes to develop 166 single-family residences on lots ranging from 4,500 to 6,000 square feet. Typical homes will be designed as one and two stories. The development of single-family residences along Wooldridge Road is an extension of the newly developed residential properties to the east and across Wooldridge Road to the south. The property is served by the Mary Carroll Channel north of the property. The slope of the property tends to be flat and naturally drains to the south, away from the channel. Upon platting, the subject property may be required to provide additional drainage R.O.W. Additionally, the Transportation Plan indicates a collector to cross the northern area of the subject property. The Comprehensive Plan supports development of the subject property as low-density residential. Applicant's Position: The applicant concurs with Planning Commission and Staff s recommendation. Notification: Prior to the date of this memorandum, fifty-five (55) notices were mailed to the property owners within a 200 -foot radius, of which one (1) was returned in favor and none in opposition. This is a noncontroversial case. 4Micanning, AICP Director of Planning MG/FGM/er Attachments: 1) Zoning Report Pages 2-14 2) Comments Received Page 15 3) Planning Commission Minutes Pages 16-17 4) Ordinance Pages 18-21 H:\PLN-D1R\ERMA\ W ORD\AGENDMEM\1102-01 AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1102-01 November 6, 2002 G16B Braselton Land Ventures, Inc. Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres out of Lots 13 and 14, located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road. 27.896 acres Same as above. "F-R" Farm-Rural District "R-1C" One-family Dwelling District Farmland. To develop a 166 -lot single-family subdivision. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: Not applicable. North - (across drainage ditch) "R-1B" One-Family Dwelling District South - (across Wooldridge Road) "R-lB" One-family Dwelling District and "FR"/SP Farm-Rural District with a Special Permit East - "F-R" Farm Rural District and "R-lB" One-Family Dwelling District West ~ "R-1B" One-Family Dwelling District and "B-1" Neighborhood Business District Adiacent Land Use: North - Drainage ditch and single-family residences. South - (across Wooldridge Road) Hospital and undeveloped land. East - Church and single-family residences. West - Single-family residence, City lift station, and undeveloped land. Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 2 Number of Residential Units Allowed: "F -R" — 5 units (1 unit per 5 acres) "R-1 C"— 202 units (7.26 dwelling units per acre) Estimated Traffic Generation: Single-family residential (detached) —10 average weekday vehicle trip ends per dwelling unit x 202 dwelling units = 2,020 average weekday vehicle trip ends. Single-family residential (detached) —10 average weekday vehicle trip ends per dwelling unit x 166 dwelling units = 1,660 average weekday vehicle trip ends. Single-family residential (detached) — 10 average weekday vehicle trip ends per dwelling unit x 5 dwelling units = 50 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Wooldridge Road — arterial Right -of -Way Design Current: a) 60 -foot right-of-way with a 20 -foot wide rural paved section. Planned: a) 80 -foot right-of-way with a 62 -foot back-to-back paved section. February 2001 Traffic Count (24-hour, weekday, non -directional): a) None available. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In May 2002, 17.953 acres out of Lot 19, Section 19 south of the subject property was granted a change of zoning from "F -R" Farm -Rural District to "R-113" One -family Dwelling District for the purpose of an 80 -lot single-family subdivision. Nr Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 3 In March 2002, 7.5 acres of Lots 11 and a pordon of Lot 12, located on the north side of Wooldridge Road and east of the subject property was granted a change of zoning fxom a "F-W' Farm-Rural District to a "R-lB" One-family Dwelling District for the purpose of a 54- lot single-family subdivision. In September 2000, 4.773 acres of a portion of Lot 12 located on Tracts 1 and 2 east of the subject property was granted a change of zoning fxom a "F-R" Farm-Rural District to a "R-lB" One-family Dwelling District for the purpose of a 2 l-lot single-family subdivision. Zoning Inventory: The subject property is the last remaining undeveloped "F-R" District located on the north side of Wooldddge Road between Airline Road and Windsong Subdivision. North is a drainage ditch and a residential subdivision zoned with a "R-lB" District. A five and one-half acre tract of "F-R" District is located south and east of the subject property and is develop with a church. Further south, across Wooldfidge Road is 20 acres used as a medical facility. To the west is 8.9 acres of "B-I" District property that is mostly undeveloped with the exception of a single-family residence. Additionally, a small "A-2" District west of the subject property is developed with the city lift station. Planning Staff Analysis: General Characteristics and Background. The applicant has requested a change of zoning on the 27.896 acre land area from "F-R" Farm Rural District to "R-lC" One-family Dwelling District, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. The applicant proposes to develop 166 single-family residences on lots ranging from 4,500 to 6,000 square feet. Typical homes will be designed as one and two stories. The development of single-family residences along Wooldridge Road is an extension of the newly developed residential properties to the east and across Wooldridge Road to the south. The property is served by the Mary Carroll Channel north of the property. The slope of the property tends to be flat and naturally drains to the south, away from the channel. Upon platting, the subject property may be required to provide additional drainage R.O.W. Additionally, the Transportation Plan indicates a collector to cross the northern area of the subject property. The Comprehensive Plan supports development of the subject property as low-density residential. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "R-lC" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses. As requested, the "R-lC" District is consistent with the Plan's recommended land use. Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 4 Potential Housing Density: A "F-R" District permits a density of one dwelling unit for each five- (5) acres or five (5) units. The "R-lC" District permits a density of 7.26 dwelling units per acre or 202 units. The proposed 166 lot subdivision is within the density limit of the "R- 1C" District. Height/Bulk/Setbacks/Etc.: The are no setback requirements or building height limitations in the "F-R" District. The "R-lC" District requires a front yard setback of 20 feet with a side and rear yard setback of five (5) feet each. Buildings in the "R-lC" District are limited to a height of 26 feet not to exceed two (2) stories. Signage: The "F-R" District does not permit any signs unless to advertise products grown on the property. Signs in the "R-lC" District are limited to one wall sign not to exceed one square foot. Traffic: The proposed 166 -lot residential subdivision is estimated to generate approximately 1,660 daily vehicle trip ends. This traffic will access directly to an arterial, Wooldridge Road. The mount of traffic generated from the proposed subdivision and recently approved residential subdivision will continue until such time full improvements have been completed. Parking/Screening: Residential development is required to provide 1.5 off-street parking spaces for each one bedroom dwelling unit or two (2) off-street parking spaces for each dwelling unit containing two (2) bedrooms or more. Compliance with the off-street parking regulations will be required during the permitting phase. A standard screening fence is not required for residential development. Costs to Cit~: Development of the infrastructure within the proposed subdivision will be at the developer's expense. The improvement of Wooldridge Road to its ultimate pavement width may require City participation. Platting: The subject property is a portion of several lots and will require platting before a building permit may be issued. A preliminary subdivision layout has been submitted to Staff for review. Pros: (Ideas in support of the request.) a) The requested "R-lC" District is consistent with the Southside Area Development Plan's adopted future land use map. Cons: (Ideas in support of maintaining the current zoning.) a) None. Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 5 Staff Recommendation: Attachments: Approval. Vicinity Map Zoning and Ownership Map Preliminary Subdivision Layout Ownership List H 5PLN-DIR\ERMA\WORD~ZONRPTS\ 1 I024) ICCREPORT.DOC 7 LOCATION MAP FOR Z1102-01 BASEMAP STTEMP 4 1:6000 22/1 0/02~ B-I A-lISP/80-01 HOLLY A-2 F-R HOSPITAL TRACT Oct 29, 2002 - RP 50 CASE Zll02-0I I X Property Owner Opposed See Comments on Page(s) _ Subject property Owners within 200 feet listed on ottoched ownership list i Applicant: Braselton Land Ventures, Inc. 5337 Yorktown Blvd., Ste. 10D 78413 1 Z1102-01 006300010140 HUTCHINS MARGARET A/K/A GUADALLYPE M NUTCHIN 2331 BIRMINGHAM CORPUS CHRISTI TX 78414 AIRLINE LT 14A BK A OWNERSHIP LIST CASE NO. 1102-01 Representative: David M. Underbrink, Sr., P. E. Naismith Engineering, Inc. 4501 Gollihar Rd. 78411 2 Z1102-01 006300010150 JARAMILLO O S 1442 YORKTOWN BLVD CORPUS CHRISTI TX 78418 AIRLINE LT 15A BK A 3 Z1102-01 006300010170 PAEZ NOE M 6542 LYONS CORPUS CHRISTI TX 78414 AIRLINE LT 17 BK A 3 Z1102-01 006300010180 PAEZ NOE M 6542 LYONS CORPUS CHRISTI TX 78414 AIRLINE LT 18 BK A 4 Z1102-01 006300020170 ALANIZ ELLEN 4852 CALHOIJN CANYON LOOP AUSTIN TX 78735 AIRLINE LT 17 BK B 3 Z1102-01 006300020180 PAEZ NOE M 6542 LYONS CORPUS CHRISTI TX 78414 AIRLINE LT 18 BKB 3 Z1102-01 006300020190 PAEZ NOE M 6542 LYONS ST CORPUS CHRISTI TX 78414 AIRLINE LT 19 BK B 5 Z1102-01 006300020200 WOODSON HAROLD J JR 6606 CRESTRIDGE ST HOUSTON TX 77033 AIRLINE LT 20 BK B 6 Z1102-01 006300030160 PEREZ ALBERT P 3618 WATERLOO DRIVE CORPUS CHRISTI TX 78415 AIRLINE NO 2 LT 16 BLK C 7 Z1102-01 006300040150 GARZA ROLANDO ET UX DIANA 6533 BIRMINGHAM STREET CORPUS CHRISTI TX 78414 AIRL1NE NO 2 LT 15 BKD 7 Z1102-01 006300040160 GARZA ROLANDO ET UX DIANA 6533 BIRMINGHAM STREET CORPUS CHRISTI TX 78414 AIRLINE NO 2 LT 16 BK D 7 Z1102-01 006300040170 GARZA ROLANDO ET LEX DIANA 6533 BIRMINGHAM STREET CORPUS CHRISTI TX 78414 AIRLINE NO 2 LT 17 BK D 8 Z1 i02-01 006300040180 UNDERWOOD SIDNEY 1553 BARCELONA CORPUS CHRISTI TX 78416 AIRLINE NO 2 LT 18 BK D 9 Z1102-01 006300040190 BUTLER RUBEN JR 3613 SWISS DR CORPUS CHRISTI TX 78415 AIRLINE NO 2 LT 19 BK D 10 Z1102-01 006500010011 BIG STATE PROPERTIES LLC 11451 KATY FRWY 6TH FLOO HOUSTON TX 77079 AIRLINE 3 LTI BK 1, 2.84 ACRES 11 Z1102-01 006600010010 IvlECK DAVID H 52 TIBURON DRIVE AUSTIN TX 78738 AIRLINE #4 7.5802 ACS OUTLT 1 BLK 1 12 Z1102-01 049700010010 PADRE BEHAVIORAL HEALTH SYSTEM INC 6229 WOOLRIDGE CORPUS CHRISTI TX 78414 BAY VIEW PSYCHIATRIC HOSPITAL TRACT LTI BLK I 12 Z1102-01 049700010020 PADRE BEHAVIORAL HEALTH SYSTEM INC 6229 WOOLRIDGE CORPUS CHRISTI TX 78414 BAY VIEW PSYCHIATRIC HOSPITAL TRACT LT 2 BLK 1 Ownership List C~se No. 1102-01 (Braselton Land Ventures, Page 2 13 Z1102-01 247600190120 AZALI ATA A AND TAYEBEH MOSTAGHASI 3546 PICADILLY CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT W5 ACS OUT OF LT 12 SEC 19 Inc.) 3 Z1102-01 247600190152 PAEZ NOE M 6542 LYONS ST CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT .615 AC OUT OF LT 15 SEC 19 14 Z1102-01 247600190190 B & EC PARTNERSHIP LTD 433 PASADENA CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 27.316 ACS OUT OF E/2 LT 18 & 19 SEC 19 15 Z1102-01 350000020020 CASA 94, L. P. % HENDERSON INVESTORS I FINANCIAL PLAZA, 19TH F HARTFORD CT 06103 HOLLY OAKS S/D LT 2 BLK 2 16 Z1102-01 503600070010 WISHERT BEVERLY RAE W & LARRY 6805 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT I LT 1 BK 7 17 Z1102-01 503600070020 CARRANZA PAUL SR ET LEK ORALIA P O BOX 3712 CORPUS CHRISTI TX 78463 THE MEADOWS UNIT 1 LT 2 BK 7 18 Z1102-01 503600070030 SALDANA, MARTIN JR ET UX LOU 6733 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT I LT 3 BK 7 19 Z1102-01 503600070040 ZARATE LUIS L ET UX SHERI L 6729 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT I LT4 BK 7 20 ZI102-01 503600070050 FOWLER SARAH M 6725 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78412 THE MEADOWS UNIT I LT 5 BK 7 21 Z1102-01 503600070060 LEAL DIANA E 6721 MEADOWBREEZE CORPUS CHRISTI TX 78414 THE MEADOWS UNIT I LT 6 BK 7 22 Z1102-01 503600070070 GOULD TERRY Z 67 ! 7 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78404 THE MEADOWS UNIT I LT 7 BK 7 23 Z1102-01 503600070080 TINOCO AMALIA ET VIR 5217 GREENBRIAR DR CORPUS CHRISTI TX 78413 THE MEADOWS UNIT 1 LT 8 BK 7 24 Z1102-01 503600070090 GARCIA RICKEY ET UX 6709 MEADOWBREEZE CORPUS CHRISTI TX 78414 THE MEADOWS UNIT I LT 9 BK 7 25 Z1102-01 503700070100 OVERMAN JAMES ANTHONY ET SABRINA L OVERMAN 6705 MEADOWBREEZE PARKWAY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 10 BK 7 26 Z1102-01 503700070110 BARNES JERRY A 601 MEADOWB1LEEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 1 ! BK 7 27 Z1102-01 503700070120 GONZALEZ, ABEL JR ET UX L 6633 MEADOWBREEZE CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 12 BK 7 28 ZI I02-01 503700070130 AMADOR ROBERTO JR 6629 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 13 BK 7 29 Z1102-01 503700070140 RIVERS CAROL 505 GRANT PL CORPUS CHRISTI TX 78411 THE MEADOWS UNIT 2 LT 14 BK 7 Ownership List Case No. 1102-01 (Braselton Land Ventures, P~e 3 30 Z1102-01 503700070150 DOUGLASS LAURIE AND LEE S LOCHHEAD 6621 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 15 BK 7 Inc.) 31 Z1102-01 503700070160 BROWN, HAROLD FRANKLIN ET BARBARA 6617 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 16 BK 7 32 Z1102-01 503700070170 JENKINS ANN E 6613 MEADOWBREEZE PARKWAY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 17 BK 7 33 Z1102-01 503700070180 CITY OF CORPUS CHRISTI PARK THE MEADOWS UNIT 2 LT 18 BK 7 34 Z1102-01 902300000010 VALADEZ FAMILY LIMITED PARTNERSHIP 4303 S PADRE ISLAND DRIVE CORPUS CHRISTI TX 78411 VILLA FLAMBEAU 4 AC 35 Zl102-01 960400090020 LATTER DAY SAINTS CHURCH 50 EAST NORTH TEMPLE SALT LAKE CITY, UTAH 84150 WHISPERING CREEK LT 2 BK 9 36 Z1102-01 976200020230 GOBAR ROBERT JOHN ETUX ELSA G GOBAR 6805 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 23 BK 2 37 Z1102-01 976200020240 BRYANT PAUL FREDERICK AND KAY E BRYANT WFE 6801 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 24 BK 2 38 Z1102-01 976200020250 SMYRAK MICHAEL A ET UX FR 2325 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 25 BK 2 39 Z1102-01 976200020260 HARPER A M JR ET UX PATSY 2321 ROSELAND CORPUS CHRISTI TX 78414 W1NDSONG UNIT #1 LT 26 BK 2 40 Z1102-01 976200020270 STELTZER DONALD G ETUX GINGER 2317 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 27 BK 2 41 Z1102-01 976200040010 LOPEZ ALFRED ET UX 6802 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 1 BK 4 42 Z1102-01 976200040160 WILMOT GEORGE R ETUX FELIPA L 2302 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 16 BK 4 43 Z1102-01 976200040170 STOCKSTILL WILLIAM JOHN & DERiNDA KAY SCANLAN 2306 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 17 BK 4 44 Z1102-01 976200040180 WALKER DEBORAH ANN 13407 FROSTDALE DR LEANDER TX 78641 WINDSONG UNIT #1 LT 18 BK4 45 Z1102-01 976200050010 LOPEZ VALENTIN AND RUBY REYES LOPEZ WFE 2309 ROSELAND ~ CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 1 BK 5 46 Z1102-0I 976200050020 DINN THOMAS AND VICTORIA L DINN WFE 2305 ROSELAND DRIVE CORPUS CHRISTI TX 78414 W1NDSONG UNIT #1 LT 2 BK 5 47 Z1102-01 976200050030 GREEN DAVID A ET UX CARRI 2301 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 3 BK 5 Ownership List Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 4 48 Z1102-01 976200050040 BOVE FRANK J ET UX 6802 HOLIDAY CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 4 BK 5 49 Z1102-01 976200050050 BRASHEAR JUDY L 6806 HOLIDAY LANE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 5 BK 5 50 Z1102-01 976200050060 LEE CHARLES C & PAMELA K HEISSER 6810 HOLIDAY LANE CORPUS CHRISTI TX 78414 W1NDSONG UNIT #1 LT 6 BK 5 51 Z1102-01 977300050240 BRACE ROBERT W ET UX CHER 6811 MEADOWBREEZE PARKWAY CORPUS CHRISTI TX 78414 WINDSONG IV LT 24 BLK 5 52 Z1102-01 977300050250 WILLIAMS JOHN A ET UX KELLIE L. WILLIAMS 6809 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 W1NDSONG IV LT 25 BLK 5 53 Z1102-01 977300050260 GOHZALEZ RENE J ET UX GRACIE G 6807 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 WINDSONG IV LT 26 BLK 5 31 Z1102-01 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z1102-01 247600190130 ROGERS GRAFORD JR 529 SHERIDAN CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRM GDN TRACT 29.05 ACS OUT OF LTS 13 & 14 SEC 19 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1102-01 Braselton Land Ventures, Inc. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 6) Albert P. Perez, 3618 Waterloo No written comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H 5PLN-DIRLERMASWORD\COMMDATA\I 102-01 COMMENTS.DOC Planning comnnssion Minutes November 6, 2002 Braseiton Land Ventures, Inc.: 1102-01 REQUEST: "F-R" Farm-Rural District to "R-lC" One-Family Dwelling District on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres out of Lots 13 and 14, and located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is the last remaining undeveloped "F-R" District located on the north side of Wooldridge Road between Airline Road and Windsong Subdivision. North is a drainage ditch and a residential subdivision zoned with a "R-lB" District. A five and one- half acre tract of "F-R" District is located south and east of the subject property and is develop with a church. Further south, across Wooldridge Road is 20 acres used as a medical facility. To the west is 8.9 acres of "B- 1" District property that is mostly undeveloped with the exception of a single-family residence. Additionally, a small "A-2" District west of the subject property is developed with the city lift station. The applicant has requested a change of zoning on the 27.896 acre land area from "F-R" Farm Rural District to "R-lC" One-family Dwelling District, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. The applicant proposes to develop 166 single-family residences on lots ranging from 4,500 to 6,000 square feet. Typical homes will be designed as one and two stories. The development of single-family residences along Wooldridge Road is an extension of the newly developed residential properties to the east and across Wooldridge Road to the south. The property is served by the Mary Carroll Channel north of the property. The slope of the property tends to be flat and naturally drains to the south, away ficom the channel. Upon platting, the subject property may be required to provide additional drainage R.O.W. Additionally, the Transportation Plan indicates a collector to cross the northern area of the subject property. The Comprehensive Plan supports development of the subject property as low- density residential. Mr. Saldafia presented a future land use map from the Southside Area Development Plan which recommends the area to develop with low-density residential uses. As requested, the "R-lC" District is consistent with the Plan's recommended land use. Staff recommends approval of the rezoning request. There were 55 notices mailed to property owners within a 200-foot radius of which one (1) was retumed in favor and none were returned in opposition. Chairman Berlanga opened the public h.earing. No one appeared in favor or opposition. Public hearing was closed. Chairman Berlanga asked what Wooldddge Road was going to be developed as, to which Mr. Saldafia said that it would be a four-lane arterial. Planning Commission Minutes November 6, 2002 Case No. 1102-01 (Braselton Land Vent~es, Inc.) Page 2 In response to Vice Chair Mims' question regarding access to the subdivision, Mr. Saldafia stated that there would eventually be three (3) access points. Commissioner Pusley commented that the subdivision would be exiting through the Airline Road subdivision and Windsong East and that the only exit to major arterial was Wooldridge Road. Mr. Saldafia stated that a timeline for improvement of Wooldridge has not been established. Commissioner Pusley questioned whether Staff had any additional traffic concerns. Mr. Gunning stated that he needed to verify the information regarding improvements to Wooldddge Road. Motion by Salazar, seconded by Stone, to forward a recommendation for approval of the zoning. Motion passed with Richter, Smith, and Zamora being absent. Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BRASELTON LAND VENTURES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO 27.896 ACRES AND .44 ACRES OUT OF LOTS '13 AND 14, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F-R" FARM-RURAL DWELLING DISTRICT TO "R-'lC" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Braselton Land Ventures, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 6, 2002, during a meeting of the Planning Commission, and on Tuesday, December 10, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 27.896 acres and .44 acres out of Lots 13 and 14, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, approximately 1,850 feet east of Airline Road, from "F-R" Farm- Rural District to "R-lC' One-Family Dwelling District. The 27.896 acres is described by metes and bounds on the attached Exhibit A. The .44 acres is described by metes and bounds on the attached Exhibits B and C. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. \\LEGAL\LAW~LEG-DIR\Doyle DCur~is~MYDOCS~2002\P&ZORD02~Zoning.ord\DOYLEC~2002~Z110201A.Braseltn. Ord.App&PC.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (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 upon first reading as an emergency measure on this 10th day of December, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 4 December, 2002 James R. Bray, Jr. C ty ey ,// / _ Doyle D~Curtis Senior Assistant City Attorney \\LEGAL\LAW~LEG-DIR\DoyleDCurtis~IYDOCS~2002\P&ZORD02~Zoning.ord\DOYLEC~2002\Z 110201A. Braseltn. Ord.App,&PC.doc LEGAL DESCRII~TION 27.896 ACRE TRACT OF LAND NUECES COUNTY, TEXAS BEING a tract or parcel of land situated in the City of Corpus Christi, Nueces County, Texas, and being pan of that tract of land described by Warranty Deed recorded in Volume 1590, Pages 530- 532 oftbe Deed Records of Nueees County, Texas, and being part of Lots 13 and 14, Section 19 of the Flour Bluff & Encinal Farm & Garden Tracts, as shown on map recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being more particularly described as follows; Commencing at a 1/2" iron pipe found in the east line of said Lot 13, for the southeast comer of Lot 2, Block 9, Whispering Creek Addition, an addition to the City of Corpus Christi, Texas according to the map recorded in Volume 45, Page 112, Plat Records of Nueees County, Texas; Thence South 29004'38'' West with the east line of said Lot 13, for a distance of 30.00 feet to a point in the eenterline of Wooldridge Road; Tbenee North 60056'00'' West with the eenterline of said Wooldridge Road, a distance of 410.00 feet to a cotton spindle set for the POINT OF BEGINNING, from which a 5/8" iron rod found for the southwest comer of a called 6.00 acre tract conveyed to Corporation of the presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints, a Utah Corporation Sole, recorded in Volume 1485, Pages 331-333 of the Deed Records of Nueces County, Texas, bears North 29004'20" East, a distance of 30.00 feet; THENCE North 60056'00'' West continuing along the centerline of said Wooldridge Road, a distance of411.27 feet to a cotton spindle set for comer; THlgNCE North 29002'20'' East, at 30.00 feet pass a 5/8" iron rod with a red plastic cap stamped "Naismith Eng. C.C., Tx." set (hereinafter called 5/8" iron rod set) at the southeast comer ora 4.00 acre tract of land described in Document No. 1998047123 of the Official Records of Nueees County, Texas, and continuing with the east line of said 4.00 acre tract, for a total distance of 378.48 feet to a 5/8" iron rod found at the northeast comer of said 4.00 acre tract; THENCE North 60057'20'' West, along the north line of said 4.00 acre tract, a distance of 500.20 feet to a 5/8" iron rod set in the west line of said Lot 14 and the east line of Lot 15, Section 19 of the Flour Bluff and Eneinal Farm and Garden Tracts, and in the east line of an 8.33 acre tract of land described in Document No. 963581 oftbe Official Records of Nueces County, Texas; THENCE North 29°01'52" East, along the west line of said Lot 14, the east line of said Lot 15, and the east line of said 8.33 acre tract and passing the northeast comer of said 8.33 acre tract at a distance of 157.15 feet and continuing for a total distance of 375.61 feet to a 5/8" iron rod set in the existing south line of Lot 18, Block "A" of Airline Subdivision, (as monumentad on the ground) an addition to the City of Corpus Christi as shown on map recorded in Volume 12, Page 18 of the Map Records of Nueces County, Texas; THENCE South 61°18'01'' East, along the south line of said Lot 18, a distance of 10.93 feet to a 5/8" iron rod found at the southeast comer of said LOt 18; EXHIBIT A THENCE North 28044'23'' East, along the east line of said Lot 18, a distance of 166.08 feet to a 5/8" iron rod found at the northeast comer of said Lot 18, and in the south line of Lyons Street (60 foot right-of-way); THENCE North 29016'09'' East, crossing said Lyons Street, a distance of 59.75 feet to a 5/8" iron rod set in the north line of said Lyons Street, and at the southeast comer of Lot 20, Block "B" of said Airline Subdivision; THENCE Noah 28044'23'' East, along the east line of said Lot 20, a distance of 166.35 feet to a 5/8" iron rod set at the northeast comer of said Lot 20; THENCE North 61°18'01'' West, along the north line of said Lot 20, a distance of 9.49 feet to a 5/8" iron rod set in the west line of said Lot 14 and the east line of Lot 15, Section 19 of said Flour Bluff and Eneinal Farm and Garden Tracts; THENCE North 29001'52TM East, along the west line of said Lot 14, the east line of said Lot 15, and the east line of a 0.615 acre tract of land described in Document No. 1998024694 of the Official Records of Nueces County, Texas, a distance of 125.53 feet to a 5/8" iron rod set at the southwest comer of a tract of land conveyed to the City of Corpus Christi for a Drainage Ditch, described in Volume 2t45, Page 202 of the Deed Records of Nueces County, Texas; THENCE South 61000'00'' East, along the south line of said City of Corpus Christi tract, a distance of 1322.42 feet to a 5/8" iron rod set in the west line of Windsong Unit I, an addition to the City of Corpus Christi, Texas, according to the map recorded in Volume 49, Pages 140-141 of the Plat Records of Nueces County, Texas; THENCE South 29004'38" West, along the west line of said Windsong Unit I, a distance of 606.06 feet to a 5/8" iron rod set at the northeast comer of said Lot 2, Block 9, Whispering Creek, same being the northeast comer of said 6.00 acre church tract; THENCE North 60o53'20'' West, departing the west line of said Windsong Unit I, and along the north line of said Lot 2 and said 6.00 acre tract, and passing the northwest comer of said Lot 2 at a distance of 380.00 feet, and continuing a total distance of 410.03 feet to a 5/8" iron rod found at the northwest comer of said 6.00 acre tract; THENCE South 29004'20'' West, along the west line of said 6.00 acre tract, at 637.43 feet pass a 5/8" iron rod found at the southwest comer of said 6.00 acre tract, and in the north line of said Wooldridge Road and continuing for a total distance of 667.43 feet to the POINT OF BEGINNING and containing 1,215,153 square feet or 27.896 acres of land, more or less. Note: Bearings are based on the south line of The Meadows, Unit 2 as shown on map recorded in Volume 45, Page 244, Map Records of Nueces County, Texas. C:~and_Dwg',6 8 51 ~B ounda~/ LEGAL DESCRIPTION 0.44 ACRE TRAC-~ OF LAND N'U~CE~ COUNTY, T~XAS BEING a tra~t or parcel of land situated in the City of Covpas Christi, Nuec~ County, Texas, and being part of a 6.00 acre tract of land de~l~bed by Warranty Deed recorded in Volume 1485, Pages 331-333 of the Deed Records of Nuoc~ County, Texas, and being par~ of Lot 13, Section 19 of the Flour Bluff & En¢inal Farm & Garden Trac~, as shown on map recorded in Volume A, Pages 41- 43, Map Rc~ords of Nueces County, T,~as, and being more particularly described as follows; BEGINNING a~ a 5/8" iron rod found for the southwest comer of said 6.00 acre tract, same point being in the nocth fight-of-way line of Wooldridge Road (60 foot right-of-way); THENCE North 29004'20" East departing said Wooldridge Road and along the west lJne of said 6.00 acre tract, a dis 'lance of 637.43 feet to a 5/8" iron rod found for the northwest comer of said 6.00 acre tract; THENCE South 60°53'20" East along thc north linc of said 6.00 acre tract, a distance of 30.00 feet to thc northwest comer of Lot 2, BIo~k 9, Whispering Creek Addition, an ~ddition to the City of Corpus Christi, Tcxa~ according to the map recorded in Volume 45, Page 112, Plat Records of Nucces County, Texas; THENCE South 29°04'20" West along the west line of said Lot 2, Block 9, Whispering Creek Addition, a distance of 627.41 feet to a point for comer at the beginning of a curve to the left having a central angle of 90°00'20', a radius of 10.00 feet and a chord bearing and distance of South 15°55'50" East, a distance of 14.14 feet; THENCE, in a southeasterly dircvtlon with said curve to the left, an arc distance of 15.71 feet to a point for comer in the south line of said 6.00 acre tract, same point being in the south line of said Lot 2, Block 9, Whispering Creek Addition, same pein! being in thc north right-of-way line of said Wooldridge Road; THENCE North 60°56'00" West along thc south line of said 6.00 a~re tract, and the north right-of- way line of said Wooldridgc Road, a distance of 40.00 feet to thc POINT OF BI,GINNING and containing 19,144 square fcct or 0.44 acres of land, more or less. Note: Bearings are based on the South line of Thc Meadows, Unit 2 as shown on map recorded in Volume 45, Page 244, Map Records of Nuecea County, Texas. C 51.aad_l)wgX685 I~Church C~~% EXHIBIT ~/ ~ ~ UNE SECTION ~ 1 9 D ~. N~T ~ WOOLD~IDGE ROAD Pole EI~c NOTE: 1) Bearings baaed on the south line of THE MEADOWS, UNIT 2 as shown on map reoorded In Volume 45. Patio 244.. Map Records of Nueeea County, Texas. 36 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: December 17, 2002) Case No. 1102-02~ Richard P. Hesse: A change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business Distxict on Flour Bluff and Encinal Farm and Garden Tracts, Section 25, being 9.8005 acres out of Lots 15 and 16, located on the northeast comer of Rodd Field Road and Yorktown Boulevard. Planning Commission and Staff's Recommendation (11/20/02): Approval. Requested Council Action: Approval of a "B-4" General Business District and adoption of the attached ordinance. Purpose of Request: To develop and sell for commercial uses. Summary: The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business District in order to develop or sell the property for commercial development. The subject property is a triangular-shaped tract with direct access to Rodd Field Road, Yorktown Boulevard, and Airline Road, all of which are designated arterials. The Rodd Field Road extension is unimproved and Yorktown Boulevard is also currently constructed as a 2-lane rural road section. Planned improvements to these arterials will be designed to handle large volumes of traffic. The subject property is located at the intersection of two major thoroughfares and traffic from the subject property will not traverse any residential areas. Adopted City policies state that commercial development that generates large volume of traffic should have direct access to arterials. The requested "B-4" District on the subject property is consistent with the policy and the Comprehensive Plan. Applicant's Position: The applicant concurs with Planning Commission and Staffs recommendation. Notification: Prior to the date of this memorandum, ten (10) notices were mailed to the property owners within a 200-foot radius, of which four (4) were returned in favor and none in opposition. The o~vner of the subject property submitted a notice in favor. This is a noncontroversial case. Director of Planning MG/FGIvFer Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Pages 9-10 3) Planning Commission Minutes Page 11 4) Ordinance Pages 12-14 H 5P LN-DIR~ERMA\WORD~AGENDM EM\1102-02AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Leeal Descriotion/Location: 1102-02 November 20, 2002 F16B (111-2) Richard P. Hesse Flour Bluff and Encinal Farm and Garden Tracts, Section 25, being 9.8005 acres out of Lots 15 and 16, located on the northeast comer of Yorktown Boulevard and Rodd Field Road. 9.8005 acres Same as above. "F-R" Farm-Rural District "B-4" General Business District Undeveloped land. Develop and sell for commercial uses. Not applicable. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adjacent Zoning: Surrounding Area- "F-R" Farm-Rural District Adiacent Land Use: East - (across Airline Road) Farmland. South - (across Yorktown Boulevard) Farmland. West - (across Rodd Field Road) Farmland. Zoning Report Case No. 1102-02 (Richard P. Hesse) Page 2 Number of Residential Units Allowed: "F-R" - 1 unit (1 dwelling unit per 5 acres) "B-4" - 355 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty Retail Center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 86,500 square feet of gross floor area (per ITE Manual) = 3,518 average weekday vehicle trip ends Adiacent Streets/Classification: Yorktown Boulevard - arterial Rodd Field Road - arterial Right-of-Way Design Current: a) 100-foot right-of-way with a 24-foot wide rural paved section. 40-foot right-of-way undeveloped road. Planned: a) b) 120-foot right-of-way with 2, 37-foot back-to-back paved sections and a 26-foot wide median. 120-foot right-of-way with 2, 37-foot back-to-back paved sections and a 26-foot wide median. 2001 Traffic Count (24-hour~ weekday~ non-directional): a) b) 3,799 vehicles per day (average) None available. Zoning History of Property: In September 1995, as part of a larger area, the subject property was annexed into the City and zoned a "F-R" District. Recent Surrounding Zoning Cases: In September 1995, the surrounding area, exchiding Rodd Field Industrial Village, was annexed into the City and zoned a "F-R" District. Zoning Report Case No. 1102-02 (Richard P. Hesse) Page 3 Zonin~ Inventory,: The immediate surrounding area is zoned "F-R" District and used as farmland. Rodd Field Industrial Village, located to the southwest of the subject property, is zoned an "I-2" District and developed with industrial uses. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning fi.om a "F-R" Farm-Rural District to a "B-4" General Business District in order to develop or sell the property for commercial development. The subject property is a triangular-shaped tract with direct access to Rodd Field Road, Yorktown Boulevard, and Airline Road, all of which are designated arterials. The Rodd Field Road extension is unimproved and Yorktown Boulevard is also currently constructed as a 2-lane rural road section. Planned improvements to these arterials will be designed to handle large volumes of traffic. The subject properly is located at the intersection of two major thoroughfares and traffic fi.om the subject property will not traverse any residential areas. Adopted City policies state that commercial development that generates large volume of traffic should have direct access to arterials. The requested "B-4" District on the subject property is consistent with the policy and the Comprehensive Plan. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-4" District, in that; the property has direct access to two arterials without traversing a residential area. The Southside Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. Potential Housing Density: The "F-R" District permits a residential density of 1 dwelling unit for each 5 acres or 1 unit on the subject property. The requested "B-4" District permits a residential density of 36.30 dwelling units per acre or 355 units on the subject property. Since the subject property has direct access to an arterial, the increase in density ~vill not adversely impact the area. Height/Bulk/Setbacks/Etc.: The "F-R" District does have height or building setback requirements. The "B-4" District requires a fi.ont yard setback of not less than twenty (20) feet and 0 feet for side or rear yard setbacks unless abutting a residential district, where a setback often (10) feet is required. There are no buildings limitations in the "B-4" District. Zoning Report Case No. 1102-02 (Richard P. Hesse) Page 4 Signage: The "F-R" District permits a forty (40) square foot sign to advertise crops raised on the property. The "B4" District permits unlimited wall and fi'eestanding signs provided they are located behind the front yard setback. Freestanding signs within the front yard setback are limited to one sign per street frontage with a sign area not to exceed forty (40) square feet and a height not to exceed 25 feet. Traffic: The subject property has direct access to two arterials. With the current volume of traffic on the adjacent roads, the increased in traffic from the proposed development will not have an adverse impact on the surrounding street system. Rodd Field Road is planned to be extended south across the Oso Creek and connect with the planned South Loop. Parking/Screening: Retail development is required to provided parking at a rate of one off- street parking space for each 200 feet of gross floor area. Compliance with the off-street regulations will be required during the permitting phase of the development. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates on property abutting a residential property. Unless the continuation of Airline Road adjacent to the northeast is closed, the subject property does not abut a residential property. Costs to Cit~: The subject property will not require City participation in its development. Since the applicant owns property on both sides of the Rodd Field Road extension, it will be the applicant's responsibility to improve that section of Rodd Field Road. Improvement of Yorktown Boulevard to its ultimate width will require City participation. Yorktown Boulevard is not in the Capital Improvement Plan. Platting: The subject property contains portion of two lots, therefore, a plat of the property will be required before a building permit will be issued. Pros: (Ideas in support of the request.) a) b) The subject property has direct access to two (2) arterials without traversing a residential area. The requested "B-4" District is consistent with the Southside Area Development Plan's recommended land use. Cons: (Ideas in support of maintaining the current zoning.) The adjacent roadways are not improved to their ultimate width to handle the increased traffic. Zoning Report Case No. 1102-02 (Richard P. Hesse) Page 5 Staff Recommendation: Attachments: Approval. Zoning and Ownership Map Ownership List H :~PLN-D~R~ERMA\WORD~ZONRP TS\ 1102-02REPORT.DOC F-R F-R ;UBJECT PARCEL F-R I-2 · - Property Owner in Favor X - Property Owner Opposed See Comments on Page(s) ~ ~ j~ Nov 11, 2002 - RP }0 CASE Zl102-02 Subject property Owners within 200 feet listed on attached ownere~hip list ? Applicant: Richard P. Hesse 500 N. Water St., Ste. 725 1 Z1102-02 247600210074 SMITH GEORGE T 2525 CR 28 ROBSTOWN TX 78380 FLOUR BLUFF & ENC FiLM GDN TRACT 5.65 ACS OUT OF LTS 7 & 8 SEC 21 OWNERSHIP LIST CASE NO. 1102-02 78471 Representative: J. Don Rehmet, P.E. Coym, Rehmet & Gutierrez 5656 S. Staples, Ste. 230 78411 2 Z1102-02 247600210090 LUNDQUIST WAYNE JR TRUSTE 700 EVERHART STE F-11 CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FILM GDN TRACT 35.289 ACS OUT OF LTS 9 & 10 SEC 21 3 Z1102-02 247600210232 BRATTON MARK P 8230 SOUTH STAPLES CORPUS CHRISTI TX 78413 FLOUR BLUFF & ENC FRM GDN TRACT 4.496 ACS OUT OF LT 24 SEC 21 4 Zl102-02 247600250018 SMITH SHARON VIRGINIA P O BOX 4663 AUSTIN TX 78765 FLOUR BLUFF & ENC FILM GDN TRACT UNDIV/2 INT IN 116.678 ACS OUT LTS 2 THRU4 & 13, 15& 16 LESS 71.18 FT OF LTS 4 & 13 S 4 Z1102-02 247600250010 SMITH KAREN ANNE 25 ANDREWS LN LOPEZ ISLAND WA 98261 FLOUR BLUFF & ENC FRM GDN TRACT UNDIV/2 INT IN 116.678 ACS OUT LTS 2 THRU 4 & 13, 15& 16 LESS S 71.18 FT OF LTS 4 & 13 5 Z1102-02 247600250170 RELATED INVESTORS LTD P O BOX 8229 CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRM GDN TRACT LTS 17 THRU 20 & LTS 29 THRU 32 SEC 25 LTS 1 THRU 4 & 13 THRU 16 SEC 24,281.41 ACS 6 Zl102-02 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 7 Z1102-02 CITY OF CORPUS CHRiSTI DRAINAGE EASEMENT SP Z1102-02 247600250018 SMITH SHARON VIRGINIA P O BOX 4663 AUSTIN TX 78765 FLOUR BLUFF & ENC FRM GDN TRACT UNDIV/2 1NT IN 116.678 ACS OUT LTS 2 THRU4 & 13, 15& 16 LESS 71.18 FT OF LTS 4 & 13 S SP Z1102-02 247600250010 SMITH KAREN ANNE 25 AJqDREWS LN LOPEZ ISLAND WA 98261 FLOUR BLUFF & ENC FILM GDN TRACT UNDIV/2 INT 1N 116.678 ACS OUT LTS 2 THRU4 & 13, 15& 16 LESS S 71.18 FT OF LTS 4 & 13 SP Z1102-02 247600250018 SMITH SHARON VIRGINIA P O BOX 4663 AUSTIN TX 78765 FLOUR BLUFF & ENC FILM GDN TRACT UND1V/2 INT IN 116.678 ACS OUT LTS 2 THRU 4 & 13, 15 & 16 LESS 71.18 FT OF LTS 4 & 13 S SP Z1102-02 247600250010 SMITH KAREN ANNE 25 ANDREWS LN LOPEZISLAND WA 98261 FLOUR BLUFF & ENC FRM GDN TRACT UND1V/2 INT IN 116.678 ACS OUT LTS 2 THRU 4 & 13, 15 & 16 LESS S 71.18 FT OF LTS 4 & 13 Zl102-02 LEROY SAN MIGUEL MAINTENANCE DEPT. C.C.I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1102-02 Richard P. Hesse · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 2) Wayne Lundquist, 700 Everhart Road No written conmaent. 3) Mark Bratton, 8230 S. Staples St. "This property is clearly business use land." 4) Karen A. Smith, P. O. Box 845, Lopez Island, WA "As the former co-owner of the subject property, and as a continuing owner of land nearby, I want to express my support for the rezoning application. My concerns about certain uses permitted by "B-4" zoning have been addressed by private restrictive covenants which perpetually run with the land and prohibit using the property for a) taverns, lounges, and bars; and b) the sale or service of motorcycles, RVs and manufactured homes. I am hopeful that the "B-4" zoning will provide a positive transition from the industrial zoning located nearby on the south side of Yorktown." 4) Sharon V. Smith, P. O. Box 4663, Austin, Texas "The property is deed restricted to "B-4" except no motorcycle, RV, or manufactured home sales and no taverns, lounges, or bars." Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. q Comments Received Case No, 1102-02 (Richard P. Hesse) Page 2 Responses received from owners/applicants of subject area: Favor: 4) Sharon V. Smith, (Owner) P. O. Box 4663, Austin, Texas Opposition: None. H:XPLN-DIRXERMA\WORD\COMMDATA\ 1102-02COMMENTS.DOC Planning Commission Minutes November 20, 2002 Richard P. Hesse: 1102-02 REQUEST: "F-R" Farm-Rural District to "B-4" General Business District on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 25, being 9.8005 acres out of Lots 15 and 16, and located on the northeast comer of Yorktown Boulevard and Rodd Field Road. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. He stated that the immediate surrounding area is zoned "F-R" District and used as farmland. Rodd Field Industrial Village, located to the southwest of the subject property, is zoned an "I-2" District and developed with industrial uses. The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business District in order to develop or sell the property for commercial development. The subject property is a triangular-shaped tract with direct access to Rodd Field Road, an arterial, Yorktown Boulevard, an arterial, and to Airline Road, which is not planned to continue. Rodd Field Road is designated as an arterial but is unimproved. Yorktown Boulevard is also designated as an arterial, and currently constructed as a 2-lane rural road section. However, these arterials are plaimed to ultimately be improved to handle large volumes of traffic. The subject property is located at the intersection of two major thoroughfares and traffic from the subject property will not have traffic traversing a residential area. Adopted City policies state that commercial development that generates large volume of traffic should have direct access to arterials. The requested "B-4" District on the subject property would be consistent with the policy. Mr. Saldafia provided a map of the Southside Area Development Plan's adopted future land use which recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. There were seven (7) notices mailed to property owners within a 200-foot radius of which none were returned in favor or opposition. Commissioner Richter opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Pusley asked whether current deeds and covenants were binding on the property to which Mr. Saldatia answered in the affirmative. Motion by Amsler, seconded by Salazar, to forward a recommendation for approval of the rezoning request. Motion passed with Berlanga and Mims being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RICHARD P. HESSE, BY CHANGING THE ZONING MAP IN REFERENCE TO 9.8005 ACRES OUT OF LOTS 15 AND 16, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F-R" FARM-RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Richard P. Hesse for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 17, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 9.8005 acres of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Rodd Field and Yorktown Boulevard, from "F-R" Farm-Rural District to "B-4" General Business Dwelling District. The 9.8005 acres is described by metes and bounds in the attached Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. \~-EGAL~I. AW~LEG-DIR~DoyleDCurtis~VlYDOCS~002~P&ZORD02~Zoning.ord~DOYLEC~2002~Z t 10202A. RPHesse. Ord.App,&PC.doc Page 2 of 3 SECTION $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of December, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM l0 December, 2002 James R. Bray, Jr. By:/"--~.~C=~,~ ~ ',--"~./~' ~ Doyle I~'/Curtis Senior Assistant City Attorney ~EGAL~-AW%LEG-DIR~DoyleDCurtis~MYDOCS~002~P&ZORD02~Zoning.ord~OOYLEC~2002~Z 110202A. RPHesse, Ord ~,pp.&PC.doc STATE OF TEXAS § COUNTY OF NUECES § Part of Lots 15 and 16 Section 25, Flour Bluff and Enclnal Farm and Garden Tracts FIELD NOTES to describe the boundary of a 9.8005-acre tract of land being a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County, Texas and being a portion of that land deeded to Karen Ann Smith et. al, described as Exhibit "B" in Document #1999015842, Official Public Records, Nueces County, Texas, said 9.8005-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a PK nail set in the centerline intersection of Yorktown Road (80' ROW) and the platted extension of Rodd Field Road (40' ROW) for the original southwest comer of said Lot 16 and the southwest comer of this tract; TIt~ENCE, N-29°00'-00"-E, along the centerline of said Rodd Field Road extension, a distance of 344.34' to a 5/8" steel rod set in the east right-of-way of the existing Rodd Field Road (120' ROW) for an exterior comer in the west line of this tract and the point of curvature for a curve to the left fi.om whieh the radius bears N-35°-5 l'-04"-W, 632.96', said curve having a central angle of 250-08'-56'' and a tangent of 141.19'; THENCE, along said curve and right-of-way, at 51.60' pass a 5/8" steel rod set for the east right-of-way of said Rodd Field Road extension, in all an arc length of 277.82' to a 5/8" steel rod set for the point of tangency; TH ENCE, N-29°00'-00"-E, continuing along the east right-of-way of said Rodd Field Road, a distance of 653,75' to a 5/8" steel rod found for the north comer of this tract; THENCE, S-02°-26'-06"-W, a distance of 1371.92' to a 5/8" steel rod found in the north right-of-way of Yorktown Boulevard for the upper southeast comer of this tract; THENCE, S-29°-00'-00"-W, a distance of 40.00' to a 60D nail found in the centerline of Yorktown Boulevard for the lower southeast comer of this tract; THENCE, N-61°-00'-00"-W, along the centerline of Yorktown Boulevard, a distance of 673.54' to the I~OINT OF BEGINNING and containing 9.8005 acres of land of which 1.3088 acres are in existing rights-of-way leaving a total of 8.4917 acres of land net. I do hereby certify that these field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge. David L. Nesbitt~-~.P.L.S. No. ~3-02''~'' '~ Coym, Rehmet & Gutierrez Engineering, Inc. Job No. 9412c Page 1 of I EXHIBIT A 37 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (city Council Action Date: December 17, 2002) Case No. 1102-04~ Brighton Park Associates: A change of zoning from a "F-R" Farm-Rural District to a "B-I' Neighborhood Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 20, being 5.014 acres out of Lots 13, and 14, located on the west side of Airline Road, approximately 650 feet south of Downing Street. Planning Commission and Staff's Recommendation (11/20/02): Approval. Requested Council Action: Approval of a "B-I" Neighborhood Business District and adoption of the attached ordinance. Purpose of Request: To develop a retail shopping center with a restaurant. Summary: The applicant has requested a change of zoning from an "F-R" Farm-Rural District to a "B-I" Neighborhood Business District in order to develop the subject property with a retail center containing a restaurant. The subject property is located along the west side of Airline Road, an arterial. There is no direct access to the residential area to the west. However, when the Bordeaux preliminary plat to the west was approved, a street dedication was required to connect the Bordeaux Subdivision with Airline Road. Along with the improvements of Bordeaux Unit 3, the developer will be required to improve the street. This proposed street will bisect the subject property. If the requested "B-I" District is approved, access to the required street will be permitted since both sides of the street will be zoned for business. The proposed shopping center is planned contain the offices, retail shops and a restaurant. There are no retail stores in the area. The nearest retail is either at Cimarron Boulevard and Airline Road or at S. Staples Street and Saratoga Boulevard. The requested "B-I" District would be an expansion of the "B-I" District to the north. Potential adverse impact of the commercial development on the subject property onto the abutting residential area will be minimal because of the additional required setback for the commercial abutting the residential area and the required screening fence along the residential adjacency. Applicant's Position: The applicant concurs with Planning commtssion and Staffs recommendation. Notification: Prior to the date of this memorandum, thirty-two (32) notices were mailed to the property owners within a 200-foot radius, of which four (4) were returned in favor and four (4) in opposition. The applicantYowner of the subject property submitted a notice in favor. This is a noncontroversial case. Director of Planning MG/FGM/er Attachments: I) Zoning Report Pages 2-10 2) Comments Received Pages 11-12 3) Planning Commission Minutes Pages 13-14 4) Ordinance Pages 15-17 H:~P LN-DIR~ERMA\WO RD~AGEN DM EM\ 1102-04AGENDAMEMO.DOC Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: CITY COUNCIL ZONING REPORT 1102-04 November 20, 2002 G16B (101-10) Brighton Park Associates Flour Bluff and Encinal Farm and Garden Tracts, Section 20, being 5.014 acres out of Lots 13 and 14, located on the west side of Airline Road, approximately 650 feet south of Downing Street. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adjacent Zonine: North - "B- 1" Neighborhood Business District 5.104 acres Same as above. "F-R" Farm-Rural District "B-1" Neighborhood Business District Undeveloped land. Develop a retail shopping center with a restaurant. Not applicable. South, East, West - "R-1B" One-family Dwelling District Adjacent Land Use: North - (across drainage ditch) Undeveloped land. South - Single-family residences. East - (across Airline Road) Single-family residences. West - Undeveloped land. Zoning Report Case No. 1102-04 (Brighton Park Associates) Page 2 Number of Residential Units Allowed: "F-R" - 1 unit (1 dwelling unit per 5 acres) "B-I" - 182 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty Retail Center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 54,600 gross floor area (assuming floor area ratio of 0.25:1) -- 2,221 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Airline Road - arterial Right-of-Way Design Current: a) 80-foot right-of-way with a 24-foot wide rural paved section. Planned: a) 80-foot right-of-way with an 82-foot back-to-back paved section. 2001 Traffic Count {24-hour~ weekda¥~ non-directional): a) 1,559 vehicles per day. Zoning Histor~ of Property: In September 1995, the subject property was part of a larger area that was annexed into the City and zoned an "F-R" District. Recent Surroundiw, Zoning Cases: In September 1995, the area south of Saratoga Boulevard and east of Brighton Village Subdivision was annexed into the City and zoned various zoning classifications. In January 2001, the area to the west and south of the subject property was granted a change of zoning from an "F-R" District to a "R-lB" District for a planned single-family subdivision (The Bordeaux Subdivision) Zoning Report Case No. 1102-04 (Brighton Park Associates) Page 3 Zoning Inventory: The subject property is an undeveloped 5-acre tract of land zoned an "F-R" District and isolated from other properties zoned an "F-R" District. The "B-I" District to the north contains 3.94 acres and remains undeveloped. The "AB" District to the northwest contains 6.71 acres and is developed with a church and with townhomes. Northeast of the subject property, there is a 12.61-acre tract of undeveloped land also zoned an "AB" District. Adjacent to the south and extending east and west is un area that is zoned a "R-lB" District and is predominantly developed with single-family residences. Further south from the subject property, there is an "F-R" District of predominantly farmland that extends south, east and west. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "F-R" Farm-Rural District to a "B-I" Neighborhood Business District in order to develop the subject property with a retail center containing a restaurant. The subject property is located along the west side of Airline Road, an arterial. There is no direct access to the residential area to the west. However, when the Bordeaux preliminary plat to the west was approved, a street dedication was required to connect the Bordeaux Subdivision with Airline Road. Along with the improvements of Bordeaux Unit 3, the developer will be required to improve the street. This proposed street will bisect the subject property. If the requested "B-I" District is approved, access to the required street will be permitted since both sides of the street will be zoned for business. The proposed shopping center is planned contain the offices, retail shops and a restaurant. There are no retail stores in the area. The nearest retail is either at Cimarron Boulevard and Airline Road or at S. Staples Street and Saratoga Boulevard. The requested "B-i" District would be an expansion of the "B-I" District to the north. Potential adverse impact of the commercial development on the subject property onto the abutting residential area will be minimal because of the additional required setback for the commercial abutting the residential area and the required screening fence along the residential adjacency. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-1" District since it has direct access to an arterial. The Southside Area Development Plan's adopted future land use map recommends the area to develop with commercial uses. The requested "B-I" District is consistent with the Plan's recommended land use. Potential Housing Density: The current "F-R" District permits one dwelling mt for each five (5) acres or one unit on the subject property. A "B-I" District permits 36.30 dwelling units per acre or 182 units on the subject property. Since the subject property has direct access to an arterial, the increase in residential density would adversely impact the area. Zoning Report Case No. 1102-04 (Brighton Park Associates) Page 4 Height/Bulk/Setbacks/Etc.: There are no required building setbacks or building height limitations in the "F-R" District. The "B-I" District requires a front yard setback of twenty (20) feet with no required side or rear yard setbacks unless abutting a residential district where a setback of ten (10) feet would be required. Buildings in the "B-I" District are limited to a height of 35 feet not to exceed three (3) stories. Signage: The "F-R" District permits signs that advertise the sale of crops raised on the property. The signs are limited to an area not to exceed forty (40) square feet and a height of 35 feet. The "B-I" District permits unlimited wall signs and one freestanding sign with an area not to exceed forty (40) square feet and a height of twenty (20) feet. TralTtc: A retail shopping center on this acreage is estimated to generate approximately 2,221 weekday vehicle trip ends. Airline Road is carrying approximately 1,559 vehicles per day. When Airline Road is improved to its ultimate right-of-way width, it will be designed to handle larger volumes of traffic and it will be more than adequate to handle the commercial traffic and the residential traffic. Parking/Screening: A retail use is required to provide one off-street parking space for each 200 square feet of gross floor area. A restaurant use is required to provide one off-street parking space for each 100 square feet of gross floor area. Compliance with the off-street parking regulations will be required during the permitting phase of the development. A standard solid screening fence with a height of not less than six (6) feet is required when a business or industrial use located on a lot abutt'mg a residential district. A standard screening fence will be required along the west and south boundary lines of the subject property. Costs to City: Development of the subject property and the extension of the required road will be at the developer's expense and no cost to the City. The improvement of Airline Road will require City participation. The improvement of Airline Road is not currently in the Capital Improvement Plan. Platting: The subject property is an unplatted tract of land that will be required to be platted before a building permit is issued. Pros: (Ideas in support of the request.) a) The requested "B-I" District an expansion of the "B-I" District to the north. b) The requested "B-I" District is consistent with the Southside Area Development Plan's recommended land use. c) The proposed commercial development will have direct access to an arterial without having to traverse a residential district. Zoning Report Case No. 1102-04 (Brighton Park Associates) Page 5 Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Attachments: Approval. Zoning and Ownership Map Ownership List H:kPLN~DIRkERMA\WORD~ZONRPTS\ 1102-04CCREPORT.DOC BR I GHTON VI LLAGE UNIT 2 B-3 R-lB B-4 R-lB BRIGHTON VILLAGE UNIT 2 AB FLOUR BLUFF & ENCINAL FARM& SUBJECT R-lB R-2 F-R Nov 1~, 2002- RP CASE Zl102-04 F-R · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) //m~ ~ SubJeot property ~ Ownerl within 200 feet Illted on att;ched ewnerehlp Ilet '7 OWNERSHIP LIST CASE NO. 1102-04 Applicant: Brighton Park Associates c/o Wayne Lundquist 700 Everhart, Suite Fll 78411 1 Z1102-IM 087000030110 STEPHENSON CLARENCE AND LEVINA STEPHENSON WFE 5010-A MEANDERING LANE CORPUS CHRISTI TX 78413 BORDEAUX PLACE UNIT 1 LT 11 BLK 3 2 Z1102-04 087000030120 SUNCREST CONSTRUCTION INC P O BOX 8287 CORPUS CHRISTI TX 78468 BORDEAUX PLACE UNIT 1 LT 12 BLK 3 2 Z1102-04 087000030130 SUNCREST CONSTRUCTION INC P O BOX 8287 CORPUS CHRISTI TX 78468 BORDEAUX PLACE UNIT 1 LT 13 BLK 3 3 Z1102-04 087000030140 SEABREEZE BUILDERS INC 2050 SARATOGA BLVD CORPUS CHRISTI TX 78417 BORDEAUX PLACE UNIT 1 LT 14 BLK 3 4 Z1102-04 087000030150 SHAKE ROBERT AND LINDA SHAKE WFE 3210 BORDEAUX DRIVE CORPUS CHRISTI TX 78414 BORDEAUX PLACE UNIT 1 LT 15 BLK 3 3 Z1102-04 087000030160 SEABREEZE BUILDERS INC P O BOX 7764 CORPUS CH1LISTI TX 78467 BORDEAUX PLACE UNIT I LT 16 BLK 3 7 Z1102-04 087000030200 KARIMI-AZALI INC 6301 MEADOWVISTA #1036 CORPUS CHRISTI TX 78414 BORDEAUX PLACE UNIT 1 LT 20 BLK 3 8 Z1102-04 087000080030 F & B HOMES LLC 8034 BAR-DE-LOC CORPUS CHRISTI TX 78414 BORDEAUX PLACE UNIT 1 LT 3 BLK 8 9 Z1102-04 098800150040 BRIGHTON PARK ASSOCIATES 700 EVERHART STE F-Il CORPUS CHRISTI TX 78411 BRIGHTON VILLAGE #2.94 ACS OUT LT 4 BLK 15 9 Z1102-04 098800150050 BRIGHTON PARK ASSOCIATES 700 EVERHART STE F-I 1 CORPUS CHRISTI TX 78411 BRIGHTON VILLAGE #2 LT 5 BLK 15 10 Z1102-04 247600200040 D & E DEVELOPMENT CORPORA P O BOX 8791 CORPUS CHRISTI TX 78468 FLOUR BLUFF & ENC FRM GDN TRACT 40.733 ACS OUT OF E/2 OF LT 4 ALL LTS 5 & 6 SEC 20 5 Z1102-04 247600200130 ONAC DEVELOPERS INC 3817 APOLLO CORPUS CHRISTI TX 78413 FLOUR BLUFF & ENC FIEM GDN TRACT 8.2799 ACS OUT LTS 13 & 14 SEC 20 9 Z1102-04 247600200135 BRIGHTON PARK ASSOCIATES 700 EVERHART STE F-11 CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 4.50 ACS OUT LTS 12 & 13 SEC 20 11 Z1102-04 909700010010 ALTY ENTERPRISES INC 2258 RICHLAND CORPUS CHRISTI TX 78466 TI-~ VINEYARDS UNIT lA LT 1 BLK 1 12 Z1102-04 909700010020 A & I CONSTRUCTION INC P O BOX 18327 CORPUS CHRISTI TX 78418 THE VINEYARDS UNIT lA LT 2 BLK 1 Ownership List Case No. 1102-04 (Brighton Park Associates Page 2 13 Z1102-04 909700010030 PEACOCK EDWARD M 6810 VINEYARD DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 3 BLK 1 14 Z1102-04 909700020010 BENAVIDES DENNIS & LISA E MARTINEZ 6809 VINEYARD DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT IA LT 1 BLK 2 15 Z1102-04 909700020020 DIETRICH KEVIN M AND KENDA J DIETRICH WFE 3105 SONOMA DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 2 BLK 2 16 Z1102-04 909700020030 GARCIA ALFRED R 3109 SONOMA DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 3 BLK 2 17 Z1102-04 909700020040 MCNINCH GEORGE A AND MARY JO MCNINCH WFE 3113 SONOMA DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 4 BLK 2 18 Z1102-04 909700020050 CASADY RONALD D D/B/A SATELLITE HOMES P O BOX 27149 CORPUS CHRISTI TX 78427 THE VINEYARDS UNIT lA LT 5 BLK 2 19 Z1102-04 909700020060 FLORES AMADOR AND TAMI SIMS 3201 SONOMA DR CORPUS CI-IR/STI TX 78414 THE VINEYARDS UNIT IA LT 6 BLK 2 20 Z1102-04 909700020070 SCHULZ VICKIE L 3205 SONOMA CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT IA LT 7 BLK 2 21 Z1102-04 909700020080 PITT JEFFERY A 3209 SONOMA DR CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 8 BLK 2 22 Z1102-04 909700020090 AHRENS PAUL F AND NANCY K AHRENS WFE 3213 SONOMA DR CORPUS CHRISTI TX 78413 THE VINEYARDS UNIT lA LT 9 BLK 2 23 Z1102-04 909700020180 PADILLA MARGARET YVONNE 3206 SONOMA DR CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 18 BLK 2 24 Z1102-04 909700020190 TUCKER JOHN T JR DBA JOHN TUCKER HOMES P O BOX 81005 CORPUS CHRISTI TX 78468 THE VINEYARDS UNIT lA LT 19 BLK 2 25 Z1102-04 909700020200 DREIER DIANE G 3118 SONOMA DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 20 BLK 2 26 Z1102-04 909700020210 KEYES JOSE J ORTIZ ETUX SHELIA M ORTIZ 3114 SONOMA DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 21 BLK 2 27 Z1102-04 909700020220 AYLIFFE HOWARD E AND JANICE J AYLIFFE WFE 3110 SONOMA DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 22 BLK 2 28 Z1102-04 909700020230 CARPENTER WILLIAM ROBERT JANICE I CARPENTER WFE 3106 SONOMA DRIVE CORPUS CHRISTI TX 78414 THE VINEYARDS UNIT lA LT 23 BLK2 29 Z1102-04 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 30 Z1102-04 CITY OF CORPUS CHRISTI DRAINAGE EASEMENT q Ownership List Case No. 1102-04 (Brighton Park Associates Page 3 SP Z1102-1M 247600200135 BRIGHTON PARK ASSOCIATES 700 EVERHART STE F-Il CORPUS CHllJSTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 4.50 ACS OUT LTS 12 & 13 SEC 20 Z1102-04 LEROY SAN MIGUEL MAINTENANCE DEPARTMENT C.C.I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 Z1102-04 LUPITA BESTE BRIGHTON VILLAGE ZONING COORDiNATOR P.O. BOX 81531 CORPUS CHRISTI, TEXAS 78468 Z1102-04 214700000040 HOTING, ELSIE M 6653 DOWNING ST. g4 CORPUS CHRISTI TX 78414 Z1102-04 214700000070 REAGAN VIRGINIA 6653 DOWNING ST. #7 CORPUS CHRISTI TX 78414 Z1102-04 214700000100 CORPUS CI-IRISTI CABiNETRY DBA VILLAGE HOMES P O BOX 721315 CORPUS CHRISTI TX 78472 Z1102-04 214700000050 WELCH BOBBY G ET UX RUBY 6653 DOWNING ST. #5 CORPUS CHRISTI TX 78414 Z1102-04 214700000080 CORPUS CHRISTI CABiNETRY DBA VILLAGE HOMES P OBOX721315 CORPUS CHRISTI TX 78472 Z1102-04 214700000110 CORPUS CHRISTI CABINETRY DBA VILLAGE HOMES P O BOX 721315 CORPUS CItRISTI TX 78472 Z1102-04 214700000060 DELGADO RODOLFO L ET UX JULIETA A DELGADO 6653 DOWNING ST. #6 CORPUS CHRISTI TX 78414 Z1102-04 214700000090 SHROPSHIILE JOE D ET UX HELEN G. SHROPSHIRE 6653 DOWNING ST #9 CORPUS CHRISTI TX 78414 Z1102-04 214700000120 CORPUS CHRISTI CABINETRY DBA VILLAGE HOMES P OBOX721315 CORPUS CHRISTI TX 78472 COMMENTS RECEWED FROM NOTICES MAILED Case No. 1102-04 Brighton Park Associates · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 5) 9) 10) ONAC Developers, 3817 Apollo Road No written comment. Brighton Park Associates, 700 Everhart Road No written comment. D & E Development, P. O. Box 8791 "The Airline/Saratoga area is underdeveloped. All reasonable efforts need to be made to stimulate development &the area." Downing Street Townhomes · Virginia Reagan, 6653 Downing, #7 No written comment. Opposition: 22) Paul and Nancy Ahrens, 3213 Sonoma Dr. "Congestion in area. Noise. Safety of children. The area is residential." 25) Diane Dreier, 3118 Sonoma Dr. No written comment. 28) William R. and Janice J. Carpenter, 3106 Sonoma Dr. "Too close to the Vineyards. Should remain or be designated/rezoned residential, "R-lB". Also, Airline Road is too narrow for traffic increase." Comments Received Case No. 1102-04 (Brighton Park Associates) Page 2 Downing Street Townhomes Elsie M. Hoting, 6653 Downing St., "It is a residential area and I am not in favor of any kind of business due to the trashy affect on the streets and neighborhood. The traffic is very heavy on Airline as it is, very narrow street and noisy." II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: 9) Brighton Park Associates, (Applicant/Owner), 700 Everhart Road No written comment. Opposition: None. H 5PLN-DIR~ERMA\WORD\COMMDATA\I 1024)4COMMENTS.DOC IL, Planning Commission Minutes November 20, 2002 Brighton Park Associates: 1102-04 REQUEST: "F-R" Farm-Rural District to "B-I" Neighborhood Business District on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 20, being 5.014 acres out of Lots 13 and 14, located on the west side of Airline Road, approximately 650 feet south of Downing Street. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is an undeveloped 5-acre tract of land zoned an "F-R" District and isolated from other properties zoned an "F-R" District. The "B-I" District to the north contains 3.94 acres and remains undeveloped. The "AB" District to the northwest contains 6.71 acres and is developed with a church and with townhomes. Northeast of the subject property, there is a 12.61-acre tract of undeveloped land also zoned an "AB" District. Adjacent to the south and extending east and west is an area that is zoned a "R-lB" District and is predominantly developed with single- family residences. Further south from the subject property, there is an "F-R" District of predominantly farmland that extends south, east and west. The applicant has requested a change of zoning from an "F-R" Farm-Rural District to a "B-I" Neighborhood Business District in order to develop the subject property with a retail center containing a restaurant. The subject property is located along the west side of Airline Road, an arterial. There is no direct access to the residential area to the west. However, when the Bordeaux preliminary plat to the west was approved, a street dedication was required to connect the Bordeaux Subdivision with Airline Road. Along with the improvements of Bordeaux Unit 3, the developer will be required to improve the street. This proposed street would bisect the subject property. If the requested "B-I" District is approved, access to the required street will be permitted since both sides of the street will be zoned for business. The proposed shopping center is planned contain the offices, retail shops and a restaurant. There are no retail stores in the area. The nearest retail is either at Cimarron Boulevard and AMine Road or at S. Staples Street and Saratoga Boulevard. The requested "B-I" District would be an expansion of the "B-I" District to the north. Potential adverse impact of the commercial development on the subject property onto the abutting residential area will be minimal because of the additional required setback for the commercial abutting the residential area and the required screening fence along the residential adjacency. Mr. Saldafia presented a land use map from the Southside Area Development Plan which recommends the area to develop with commercial uses. The requested "B-I" District is consistent with the Plan's recommended land use. Planning Commission Minutes November 20, 2002 Case No. 1102-04 (Brighton Park Associates) Page 2 There were 28 notices were mailed to property owners of which three (3) were returned in favor, four (4) in opposition, and a letter from applicant was received supporting the request. Commissioner Richter opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora, seconded by Smith, to forward a recommendation for approval. Motion passed with Mims and Berlanga being absent. /¥ Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BRIGHTON PARK ASSOCIATES, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.0t4 ACRES OUT OF LOTS 13 AND 14, SECTION 20, FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS FROM "F-R" FARM-RURAL DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the application of Brighton Park Associates for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 17, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 5.014 acres out of Lots 13 and 14, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of Airline Road, approximately 650 feet south of Downing Street, from "F-R" Farm-Rural District to "B-1" Neighborhood Business District. The 5.014 acres is described by metes and bounds on the attached Exhibit ^. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. ~LEGAL~-AW~LEG-DIR~DoyleDCurtis~MYDOCS~002~P&ZORD02~Zoning.ord~DOYLEC~002~Z110204A. Brlghton,PrkAssoc. Ord,App.&PC,doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (t) f~nds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of December, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM '10 December, 2002 James R. Bray, Jr. By: ~, ~.._~/~ - Doyle D/./Curtis v Senior ,a(ssistant City Attorney \~.EGAL~..AW~LEG.DIR\DoyleDCurtis~IYDOCS~2002~P&ZORD02~.oning.ord~DOYLEC~002~Z110204A. Brighton. PrkAssoc. Ord.App.&PC.doc STA-TE OFTEXAS · COUNTy OF NUECES BEING THE FIELD NOTES FOR A 5.014 ACRE TRACT, MORE OR LESS, OUT OF A PORTION OF LOT 13 AND LOT 14, SECTION 20. FLOUR BLUFF AND ENC[NAL FARM AND GARDEN TRACTS, 41,42 AND 43, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGE (S) MAP RECORDs OF NUECES COUNTY, TEXAS. .... BEGINNING AT.A 60D.PENN¥ N2~I[~ FOUND ON THE CENTERLINE OF AIRLINE ROAD FOR THE SOUTHEAST CORNER, TH~ BRIGHTON PARK ASSOCIATEs, RECORDED, ...... ~--1~. ~H22, 1985, VOLUME COUNTY, TEXAS, 1956 PAGE 516 IN ~ DEED RECORDs OF NUI~CES ALSO BEING THE SOUTHEAST CORNER OF SAID TRACT AND POINT OF BEGINNING. THENCJ~ NORTH 61 DEGREES 01 MINUT~ 42 SECONDS ' 4~.73 FEET PASS A 5/8 INCH IRON WEST FOR A DISTANCE OF ROD FOUND, ON TH~ WEST R. OW. LINE OF AIRLINE ROAD CONTINUING ALONG THE SOUTH BOUNDARY LINE OF SAIl) TRACT FORA TOTAL DISTANCE OF 448.53 FI~ET TO A FOURrD 5/g INCH IRON ROD FOUND FOR THE SOUTH WEST COKNER OF SAID TRACT; THENCE NORTH BOUNDARy OF t6 DEGREES 06 MINUTES 04 SECONDs EASTALONG THE WEST A BRIGHTON PARK ASSOCIATES FOR A DISTANCE OF 608.73 FEET TO 518 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTH 61 DEGREES 02 MINUTES 30 SECONDS EAST ALONG THE NORTH EOUNDAd[YOF BRI'GH~'ON-PAKK. AsSOCIATES FOR A DISTANCE OF 287_50 FEET TO' A 60D NAIL SET ON THE OF AIRLINE ROAD, FOR THE NORTHEAST CORNER OF ...... SAID.TRACT; THENCE SOUTH 02 DEGREES ~ MiNLrrES 00 SECONDS WEST ALONG THE CENTER LINE-OF--~IRLINE ROAD~FOK A. DISTANCE OF 663.$0 FEEl' TO A 60D NAIL FOUND ON THE CENTER LINE OF AIRLINE ROAD AND THE POINT OF BEGINNING CONTAINING 5.014 ACREs, MORE OR LESS. IEXHIBIT A Iq 38 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: December 17, 2002) Case No. 1102-05~ David W. and Elaine R. Hoffman: A change of zoning from a "R-lB" One- family Dwelling District to a "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retla Drive. Planning Commission and Staff's Recommendation (11/20/02): Approval. Requested Council Action: Approval of a "RE" Residential Estate District and adoption of the attached ordinance. Purpose of Request: To develop an 8-lot single-family subdivision· Summary: The applicants have requested a change of zoning from a "R-lB" One-family Dwelling District to a "RE" Residential Estate DisU'ict in order to develop a large lot single-family subdivision and will not be required to provide curbs, gutters and sidewalks. Large lot subdivisions are permitted in the "R-lB" District, but the developer will be required to install curbs, gutters, and sidewalks with proposed street. The "RE" District would require only a rural street section, consistent with the rural atmosphere with one acre lots. Attached is a copy of the proposed single-family development that was approved by the Planning Commission on November 20, 2002.) Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, thirteen (13) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor and two (2) in opposition. This is a noncontroversial case. · L G~nning, AICP / Director of Planning MG/FGM/er Attachments: 1) Glenoak Estates Plat Page 2 2) Zoning Report Pages 3-8 3) Comments Received Page 9 4) Planning comrmssion Minutes Page 10 5) Ordinance Pages 11-13 H:~PLN-DIR\ERMA\WORD~AGENDM EM\1102-05AGENDAMEMO.DOC >u N Rtm aam cava [6 /R IIMNR,d /r M mR6 al6r m� MUrr IGM Iw1. MIIeII1C Grp 9IRIIm/Y, a.rr p>s tNa zwm®n er awe aerr+reas mrM roar av�ero.r.v w mama Lm64i4 JIQ 4S YWBP mA6 AIBP n@S m/m. qaV SWi a RSK aaNN 6NArLT t Mf MYllw AIn AK l4aw rpIDr ILRIiY AY t MF x talrt6 6 x LMS tM1r® cm x mal,Ras a x memm AAL 1mAr xue xro SSr aVS aS9[,mM 5[Hwm 69RAt AW SRam 9Sw AT Raglm m x aB<IH RwIpE AW fAS,Q95 AS SAteI .sr t� m x vuat r¢ my x A6Wuaa1 wAnA Amr use unset utas M xr a6 YV !' 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MIIeII1C Grp 9IRIIm/Y, a.rr p>s tNa zwm®n er awe aerr+reas mrM roar av�ero.r.v w mama Lm64i4 JIQ 4S YWBP mA6 AIBP n@S m/m. qaV SWi a RSK aaNN 6NArLT t Mf MYllw AIn AK l4aw rpIDr ILRIiY AY t MF x talrt6 6 x LMS tM1r® cm x mal,Ras a x memm AAL 1mAr xue xro SSr aVS aS9[,mM 5[Hwm 69RAt AW SRam 9Sw AT Raglm m x aB<IH RwIpE AW fAS,Q95 AS SAteI .sr t� m x vuat r¢ my x A6Wuaa1 wAnA Amr use unset utas M xr a6 YV !' 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C _wn a meas < OW (p.Mt romop NwrsaArt 4'G /O!®I6 /W IIIOIA9M IIR O,xa !AK M NMIfM MMYIb A10 ®O Baer carps As Arml t,emrAn m mrr ara4RNr NM wM IAa®`la nSOI(L n6 x— ar a- aN t u®Yt xnli rte tmax Aa uo SUR a rt26 mwn a mAas a6 am nAr er x r,ou mw®now ranns a x an a aA,s aA,t pas ll6 x _ aYT Arm < exlale vt nitlDr Q DAN2ac SAMA mrtRma QIMY R MIQS ,ra RNr NN a x Hoe. oxen now rues er x nAu�w m�mvi nsx_arIX AR]/w x aANRc soeAn Sart a p6 enrNn a vera < wm eRNN3 twN a x awn aur memw Nt1NAeu1 aAn x _ ar R. cam rmeam, Nur Am¢x_t M N(r ACaMm x _ arT _ woe_, vAr � mN Aem M!E w rND .xp SFAI o' x wNIY ¢U RAxS x ar M mM 4A maaR[ ml am mr alvn A! 011GP'—It ru7•rs�[i er II mon I��II CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1102-05 November 20, 2002 F18A (112~3) David W. and Elaine R. Hoffman Flour Bluffand Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. 10 acres Same as above. "R-lB" One-family Dwelling District "RE" Residential Estate District Undeveloped land. Develop an 8-lot single-family subdivision. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: Not applicable. North, South, East - "R-lB" One-family Dwelling District West- "A-I" Apartment House District Adlaeent Land Use: North, East - Undeveloped land. South - (across Glenoak Drive) Single-family residences. West - Single-family residence. Zoning Report Case No. 1102-05 (David W. and Elaine R. Hoffman) Page 2 Number of Residential Units Allowed: "R-lB" - 72 units (7.26 dwelling units per acre) "RE" - 10 units (1 dwelling unit per acre) Estimated Traffic Generation: Single-family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 10 dwelling units = 100 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Glenoak Drive - collector Right-of-Way Design Current: a) 60-foot fight-of-way with a 20-foot wide rural paved section. Planned: a) 60-foot right-of-way with a 40-foot back-to-back paved section. 1996 Traffic Count (24-hour, weekday, non-directional): a) None available. Zoning History of ProperS,: There has bee no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezoning activity in the area within the past five (5) years Zoning Report Case No. 1102-05 (David W. and Elaine R. Hoffxnan) Page 3 Zoning Inventory: The subject property is part of a larger area zoned a "R-lB" District that extends in all directions and mostly developed with single-family residences on large lots. West of the subject property, there is a 20.86-acre tract of land zoned an "A-I" District and contains 2 single-family residences. Southwest of the subject property, there is a 10.03-acre tract of undeveloped land that is zoned a "B-3" District. Planning Staff Analysis: General Characteristics and Background: The applicants have requested a change of zoning fi.om a "R-lB" One-family Dwelling District to a "RE" Residential Estate District in order to develop a large lot single-family subdivision and will not be required to provide curbs, gutters and sidewalks. Large lot subdivisions are permitted in the "R-lB" District, but the proposed street would be required to provide curbs, gutters and sidewalks. The applicants want to maintain the rural atmosphere with one acre lots and none of the other visual City- looking improvements. Enclosed is a copy of the proposed single-family development that was approved by the Planning Commission on November 6, 2002. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "RE" District. The Flour BluffArea Development Plan's adopted future land use map recommends the area to develop with medium density single-family with a density of up to 7 units per acre. The requested "RE" District permits a density of 1 unit per acre, which is consistent with the Plan's recommended density. Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per acre or 72 units on the subject property. The requested "RE" District permits a density of 1 dwelling un/t per acre or 10 units on the subject property. The approved plat indicates 8 lots, which is less than the permitted density of either district. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of twenty (20) feet with a side and rear yard of five (5) feet each. The requested "RE" District requires a front yard setback of fifty (50) feet and a side and rear yard setback of 25 feet each. Buildings in these districts are limited to a height of 35 feet not to exceed three (3) stories. Signage: Both, the "R-lB" and "RE" District, permit one wall sign with an area not to exceed one square foot. Freestanding signs are not permitted. Traffic: Glenoak Drive is designated as a collector to handle the traffic from the abutting residential area. Approval of the requested "RE" District would reduce the potential number of dwelling unit, which in turn would reduce the amount of traffic generated. Zomng Report Case No. 1102-05 (David W. and Elaiae R. Hoffman) Page 4 Parking/Screening: A single-family residence is required to provide two (2) off-street parking spaces for each unit. A standard screening fence is not required for residential development. Costs to City: The proposed roadway as shown on the attached plat and other required infrastructure will be built at the developer's expense. City monies will not be used for this development. Platting: The subject property is unplatted and a plat will be required to be recorded before a building can be issued. Pros: (Ideas in support of the request.) The requested "RE" District is consistent with the Flour Bluff Area Development Plan's recommended land use. b) The requested "RE" District will reduce the density, which in turn reduces the amount of traffic generated. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H 5P LN-D1R~ERMA\WORD~ZONRPTS \ 1102-05CCKEPORT.DOC ALLEN TRACT R-IB/SP A-I D I RKSEN TRACT R-lB A'I TRACT B-3 Nov 13, 2002 - RP CASE Zl102-05 ~0 Subject property · ' Property Owner in Favor X - Property Owner Opposed See Comments on Page(s) __4~ ~ ~ 0whom within 200 feet listed on ottoohed ownership list OWNERSHIP LIST CASE NO. 1102-05 Applicant: Daivd W. and Elaine R. Hoffman 1710 SPID, SuiteB 78416 1 Z1102-05 012200000010 ALEXANDER DAVID E & KACY D ALEXANDER 1310 GLENOAK DR CORPUS CHRISTI TX 78418 ALEXANDER TRACT LT 1 ALEXANDER TRACT LT 1 2 Z1102-05 211200000010 DIRKSEN WILLIAM H ET UX 2536 FLOUR BLUFF DR CORPUS CHRISTI TX 78418 DIRKSEN TRACT LT 1 Representative: Urban Engineering 2725 Swantner 78404 3 Z1102-05 247600493000 JOKA DEVELOPMENT INC. 14121 WHITECAP BLVD CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 14.242 ACS OUT LT 30 SEC 49 4 Z1102-05 247600493150 HOFFMAN DAVE AND ELA1NE HOFFMAN WFE 7825 LOVAIN DRIVE CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT 10 ACS OUT OF S/2 OF LT 31 SEC 49 1 Z1102-05 247600493200 ALEXANDER DAVID E & KACY D ALEXANDER 1310 GLENOAK DR CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 7.94 ACS OUT LT 32 SEC 49 5 Z1102-05 247600500019 HAWN GEORGE S AND ALAN F LUCKE,TRUSTEES 101 N SHORELINE STE 600 CORPUS CHRISTI TX 78401 FLOUR BLUFF & ENC FILM GDN TRACT 67.374 ACS OUT PT OF LTS 1, 2, 14, 15, 16 ALL LT 3 SEC 50 6 Z1102-05 746900010010 ROLAN TROY DON ET UX 1287 GLENOAK CORPUS CHRISTI TX 78418 ROLAN TRACT LT 1 BLK 1 7 Z1102-05 901400010020 VERMEULEN J T 1281 GLENOAK CORPUS CHRISTI TX 78418 VERMEULEN TRACT LT 2 BLK 1 8 Z1102-05 901400010030 VERMEULEN JOSEPH THOMAS 1281 GLENOAK CORPUS CHRISTI TX 78418 VERMEULEN TRACT UNDIV/3 INT IN LT 3 BLK 1 9 Z1102-05 901400010040 MCAMIE GERALD R AND LINDA A V MCAMIE 1275 GLENOAK CORPUS CHRISTI TX 78418 VERMEULEN TRACT LT 4 BLK 1 10 Z1102-05 217300010010 DULAK JOHN ETUX ETHEL 13534 ROYAL FIFTH COURT CORPUS CHRISTI TX 78418 SP Z1102-05 247600493150 HOFFMAN DAVE AND ELAINE HOFFMAN WFE 7825 LOVAIN DRIVE CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT I0 ACS OUT OF S/2 OF LT 31 SEC 49 Zl102-05 SUPERINTENDENT FLOUR BLUFF I.S.D. 2505 WALDRON ROAD CORPUS CHRISTI, TEXAS 78418 Z1102-05 FLOUR BLUFF BUSINESS ASSN. P. O. BOX 181423 CORPUS CHRISTI, TEXAS 78418 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1102-05 David W. and Elaine R. Hoffi-nan · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: Opposition: l) 3) None. David and Kacy Alexander, 1310 Glenoak Dr. No written comment. JOKA Development, Inc., 14121 Whitecap Dr. "Maintain "R- 1B" zoning." II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H 5P LN-DIR\ERMA\WORD\COMMDATA\1102-05COMMENTS.DOC Planning Commission Minutes November 20, 2002 David W. and Elaine IL Hoffman: 1102-05 REQUEST: "R-1B" One-family Dwelling District to "RE" Residential Estate District on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. Mr. Saldafia presented a computerized illustration of the subject property and the surrounding area. The subject property is part of a larger area zoned a "R-lB" District that extends in all directions and mostly developed with single-family residences on large lots. West of the subject property, there is a 20.86-acre tract of land zoned an "A-I" District and contains 2 single-family residences. Southwest of the subject property, there is a 10.03-acre tract of undeveloped land that is zoned a "B-Y' District. The applicants have requested a change of zoning from a "R-lB" One-family Dwelling District to a "RE" Residential Estate District in order to develop a large lot single-family subdivision and be required to provide curbs, gutters and sidewalks. Large lot subdivisions are permitted in the "R-lB" District, but the proposed street would be required to provide curbs, gutters and sidewalks. The applicants want to maintain the rural atmosphere with one-acre lots and none of the other visual City-looking improvements. A copy of the proposed single-family development that was approved by the Planning Commission on November 6, 2002 was presented. Mr. Saldafia presented a future land use map from the Flour Bluff Area Development Plan which recommends the area to develop with medium density single- family with a density of up to 7 units per acre. The requested "RE" District permits a density of 1 unit per acre, which is consistent with the Plan's recommended density. Commissioner Richter opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Amsler, to forward a recommendation of approval. Motion passed with Mims and Berlanga being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DAVID W. AND ELAINE R. HOFFMAN, BY CHANGING THE ZONING MAP IN REFERENCE TO 10 ACRES OUT OF LOT 31, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-E" RESIDENTIAL ESTATE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of David W. and Elaine R. Hoffman for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 17, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 10 acres out of Lot 31, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive, from "R-1B" One-family Dwelling District to "RE" Residential Estate District. The 10 acres is described by metes and bounds on the attached Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. ~LEGAL~j-AW~LEG-D~R~D~y~eDcurtis~YD~cS~2~2~P&Z~RD~2~Z~ning~rd~D~YLEC~2~2~Z110205A. Hoffrnan.Ord,App.&PC.doc /! Page 2 of 3 SECTION $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs end (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of December, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM t0 December, 2002 James R. Bray, Jr. By: /bfl/.~_. Doyle t~.. Curtis Senior Assistant City Attorney ~.EGAL~LAW~LEG-DIR~oyleDCurtis'~vIYDOCS~2002~P&ZORD02~.o ning .ord~DOYLE C~2002~- 110205A.Hoffman. Ord ~,pp.&PC.doc (361)854-3101 STATE OF TEXAS EN(31NEERIN(3 J P,O, BOX 635,5 · CORPUS CHRISTI, TFXAS 78466-6355 COUNTY OFNUECES JOB NO. 37976.00.00 OCTOBER 22, 2002 FAX (361 )854-6001 FIELDNOTES for a 10.000 acre tract of land out of tho south half of Lot 31, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41- 43, Map Records of Nueces County, Texas and being more fully described by metes and bounds as follows: BEGINNING at tho conterlino of Glonoak Drive, a 60 foot wide public roadway, from which the intersection of Glenoak Drive and Rotta Drive bears South 61000'00'' East, a distance of 495.00 fe~t; THENCE North 61 °00'00" West, along the centerline of said Glenoak Drive, same being the south boundary of this tract, a distance of 660.00 fe~ to a point, for the west corner ofthi~ tract; THENCE North 29o00'40" East, along the east boundary of Lot 32, Section 49 said Flour Bluff and Encinal Farm and Garden Tracts, same being tho west boundary of said Lot 31, S~.ion 49 and of this tract, a distance of 30.00 feet pass a 5/8 inch iron rod found on the north boundary of said Glanoak Drive, in all a distance of 659.28 feet to a 5/8 inch iron rod found, for tho south comer of Lot 1, Dirksen Tract, a map of which is recorded in Volume 46, Page 40, Map Records of Nueces County, Texas, same being the north corner of this tract; THENCE South 61°00'00'' East, along the north boundary of this tract, a distanc, o of 660.00 feet to a 5/8 inch iron rod found for on the west boundary of Lot 30, Section 49 said Flour Bluffand Enoinal Farm and Garden Tract, same being the east bom~dary of said Lot 31, S~ction 49 and east corner of this tract; THENCE South 29000'40'' West, along the common boundary of said Lots 30 and 31, stone being tho east boundary of this tract, a distance of 629.28 feet pass a 5/8 inch iron rod found on the north boundary of said Glenoak Drive, in all a distance of 659.2g feet to tho POINT OF BEGINNING and col~taining 10.000 acres of land. Bearings based on the conterline of Glenoak Drive, same being the south boundax3r of this tract and shown as Noi~h 61°00~00' West. Unl0ss this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy.  URBAN ENGINEERING  License No. 4710 2725 SWANTNER DR. · CORPUS CHRISTI, TEXAS 784[]4 mall@urbaneng.corn EXHIBIT A 39 AGENDA MEMORANDUM December 17, 2002 SUBJECT: Corpus Christi Renewal Community AGENDA ITEM: A. Public headng to consider, prioritize and nominate applications for the Corpus Christi Renewal Community Commercial Revitalization Deduction allocations. B. Resolution adopting the Corpus Christi Renewal Community Tax Incentive Utilization Plan. ISSUE: A. At the City Council meeting November 12, 2002, the City Council nominated $12 million in Renewal Community Commercial Revitalization Deduction allocations from the City's 2002 allocation and $5,830,000 of Renewal Community Commercial Revitalization Deduction Allocations from the state's 2002 aggregation for a total of $17,830,000 worth of projects. This year $12 million in commercial revitalization deductions is available from the State's 2002 aggregation. The State can certify up to an additional $6,170,000 of 2002 Commercial Revitalization Deductions for projects located in Renewal Communities in Texas. Staff has received additional applications for nominations and is requesting the City Council hold a public hearing and take action on the nomination of the additional applications. B. The City of Corpus Chdsti, as a designated Renewal Community, is required to submit a document called the Tax Incentive Utilization Plan (TIUP) by December 31, 2002 to the U.S. Department of Housing and Urban Development. The TIUP is a plan integrating the marketing of the Renewal Community tax incentives, the course of Action, which includes commitments made by community organizations and the City of Corpus Christi, and economic growth promotion requirements. (The majodty of the commitments by community organizations were included in the original Renewal Community application.) The plan must also include specific actions that will be taken, a timetable for each action, and how the Renewal Community will implement and evaluate the success of each action. As required by federal statue, staff held a public meeting on December 2, 2002 to allow additional citizen participation in the development of the plan. The organizations included in the Course of Action portion of the TIUP have provided signed commitments to the actions described in the TIUP. A number of City departments have worked cooperatively to identify the economic growth promotion requirements for the TIUP. The final action that must occur prior to submission of the TIUP is council approval of the TIUP. Recommendations: A. City staff recommends holding a public hearing and at the conclusion of the public input and staff presentation, nominate additional applications for the Commercial Revitalization Deduction. B. City staff recommends that the City Council approve the Tax Incentive Utilization Plan by resolution. W. Thomas Utter Special Assistant to the City Manager and oordinating Responsible Authority ,/~, Date ~ ~' /.~, ~ '~ ~ 'Patricia Garcia Intergovernmental Relations Specialist and RC Coordinating Responsible Authority ADDITIONAL SUPPORT MATERIAL Project Nominations [] Map [] Ordinance/Resolution [] Tax Incentive Utilization Plan [] Background Information Agenda Item A Under the Renewal Community program, each Renewal Community is allocated $12 million of Commemial Revitalization Deductions each year. Under the State of Texas state plan, any commercial revitalization deductions not allocated by November 15 are aggregated by the state and available to each of the two Renewal Communities on a first come first served basis. At the City Council meeting November 12, 2002, the City Council nominated $12 million in Renewal Community Commercial Revitalization Deduction allocations from the City's 2002 allocation and $5,830,000 of Renewal Community Commercial Revitalization Deduction Allocations from the state's 2002 aggregation for a total of $17,830,000 worth of projects. El Paso County has not been able to use any of its allocation therefore the state has an additional $6,170,000 available to allocate. Staff has continued to accept applications and has three valid applications for council consideration. Under the IRS Code 1400 I, applicants are required to incur 10% of their final basis within six months of the date of certification from the State of Texas and place the building in service within two years of the allocation. This means that the 10% test must be met by June 2003 and the building must be completed by December 2004. Therefore, the following applications are ranked based on the ability to meet these two requirements. Applications not meeting the IRS Code statutory requirements or applications submitted with incomplete information are not ranked. Project Name Projects allocated 11/12 Request $17,830,000 Recommendation $17,830,000 Description Vadous projects. Current Recommendations Olivarez Ventures CircLe K Orion Hotels* Subtotal being recommended For Dec 17, 2002 $900,000 $850,000 $10,000,000 $1t,750,000 $900,000 $850,000 $4,420,000* $6,170,000 TOTALS $29,580,000 $24,000,000 Applicant proposes to construct a new 6,000 square foot building to house law offices. Project is located at 403 Waco, which is currently a vacant lot owned by the project developer. Building will be placed in service Nov. 2003. Project will create 18 FTE with total wages estimated at $780,000 annually. Applicant proposes to construct a new 4,700 square foot convenient store located at Water Street and 1-37. The applicant owns the property. Building will be placed in service by November 2003 creating 14 FTE positions with total wages estimated at $221,040 annually Applicant proposes to substantially rehabilitate a building located at 401 N. Chaparral Street to create a 125,000 square foot full service hotel. Applicant is purchasing the property that has been vacant for several years. Building will be placed in service July 2004 creating 88 FTE )ositions with total wages estimated at $1,368,800 annuall, According the State of Texas Renewal Community Commemial Revitalization Deduction Allocation Plan, the City is required on an annual basis to submit its Commercial Revitalization Deduction Local Strategic Plan for awarding its $12 million of allocations and publish a public notice inviting applications. A notice inviting applications for nominations for the 2003 allocations will be published in January 2003 in the Caller-Times. Subsequently, council action will be needed to adopt the 2003 Annual Commemial Revitalization Deduction Local Strategic Plan and nominate projects. * The remaining allocations request for this project will be considered in 2003 for the 2003 annual allocations. Projects proposed for nomination 12/17 Projects nominated 11/12 Agenda Item B: Attached is the proposed Renewal Community Tax Incentive Utilization Plan. This plan contains both federally required local actions and significant voluntary actions by our community partners. Staff commends and recognizes the tremendous contributions of our community partners as it was only through their commits and the entire community coming together in our application which provided the impetus for the City being selected as one of only forty communities across the United states to receive a designation. Following is a list of our partnering organizations. Coastal Bend Workforce Development Board Corpus Christi Beach Association Corpus Christi Chamber of Commerce Corpus Christi Independent School District Corpus Christi Regional Economic Development Corporation Corpus Christi Regional Transportation Authority Del Mar College Downtown Management District Gulf Coast Council of La Raza Hispanic Chamber of Commerce Local CPA organizations Metro Ministries Nueces County Community Action Agency Texas A&M University -Corpus Christi Texas Department of Economic Development Texas General Land Office Westside Business Association Workforce Network, Inc. YMCA Youth Opportunities United YWCA City of Corpus Christi Tax nity December,12, 2002 n Plan TAX INCENTIVE UTILIZATION PLAN Requirements Course of Action — the Renewal Community must demonstrate how the local government will work with community-based organizations to reduce burdens and to improve service for RC residents and businesses. The Course of Action must describe how the partnering organizations will carry out at least four of the following six strategies: 1) Reduce tax burdens 2) Improve local services 3) Reduce crime 4) Reduce government requirements, such as: • density bonuses • incentive zoning • comprehensive or one-stop permits • variances and exception policies • voluntary environmental compliance programs 5) Involve community partners 6) Solicit in-kind donations Strategies selected for the TIUP are numbers 1, 2, 3, 4, and 5. Economic Growth Promotion Requirements — the Renewal Community must identify how the local government win promote economic grown by repealing, reducing or not enforcing at least four of the following five governmental restrictions. 1) Licensing requirements for occupations that do not ordinarily require a professional degree. 2) Zoning restrictions on home-based businesses that do not create a public nuisance. 3) Permit requirements for street vendors who do not create a public nuisance. 4) Zoning or other restrictions that impede the formation of schools or childcare centers. 5) Franchises or other restrictions on competition for businesses providing public services, including taxicabs, jitneys, cable television, or trash hauling. Strategies selected for the TIUP are numbers 12, 3, 4, and 5. Marketing Strategies — the Renewal Community must describe how it will promote the Renewal Community Tax Incentives, which may include articles in newspapers, newsletters, workshops, technical assistance, business journals, and outreach efforts. State . • Local commitments Required Commitments Course of Action -A reduction of tax rate or fees applying within the Renewal Community in accordance with 24 CFR 599.107(a)(2)(v)(A) 1 2 Course of Action - An increase in the level of efficiency of local services within the Renewal Community, in accordance with 24 CFR 599.107(a)(2)(v)(B) Course of Action - Crime reduction strategies, such as crime prevention, including the provision of crime prevention services by 3 nongovernmental entities, in accordance with 24 CFR 599.107(a)(2)(v)(C) Course of Action - Actions to reduce, remove, simplify or streamline governmental requirements applying within the Renewal Community, in 4 accordance with 24CFR 599.107(a)(2)(v)(D) Course of Action - Involvement in Economic Development Activities by private entities, organizations and community groups, particularly from such entities to provide jobs and job training for, and technical, 5 those in the Renewal Community, including a commitment private financial, or other assistance to, employers, employees, and residents from the Renewal Community, in accordance with 24 CFR 599.107(a)(2)(v)(E) Course of Action - The Gift or Sale at below fair market value of surplus or real property held by State or local governments, such as land, in the Renewal Community, to neighborhood organizations, community 6 homes, and commercial property or industrial structures or companies in accordance with 24 CFR 599.107(a)(2)(v)(F) development corporations, private Economic Growth Promotion -The state and local government in which the Renewal Community is located have repealed, or reduced, will for occupations that do not ordinarily require a professional 7 not enforce or will reduce within the nominated area licensing requirements degree in accordance with 24 CFR 599.107(b) (1) (i) Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will not enforce or will reduce within the nominated area zoning restrictions on home-based businesses which do not create a public nuisance in 8 accordance with 24 CFR 599.107(b) (1) (ii) Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will 9 not enforce or will reduce within the nominated area permit requirements for street vendors who do not create a public nuisance, in 10 accordance with 24 CFR 599.107(b) (1) (iii) Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will impede the formation of schools or child care centers in not enforce or will reduce within the nominated area zoning or other restrictions that 11 accordance with 24 CFR 599.107(b) (1) (iv) Economic Growth Promotion Growth Promotion - The state and local government in which the Renewal Community is located rootion - E have repealed, or reduced, will not enforce or will reduce within the nominated area franchises or other restriction on competition for trash hauling in accordance with 24 CFR 599.107(b) (1) businesses providing public services, including taxicabs, jitneys, cable television, or (v) iCommitment Specific Actions Describe 'Number take o achieve commitment Taken Community will .. to measure and evaluate the success of each action 1 The City will offer tax abatement to basic manufacturing or Offered from 2004 to 2009. Provide a list of businesses that were granted service facilities, petrochemical facilities, regional Abatement during the tax abatement in the City's Renewal telecommunications/data processing centers, and regional construction period and 5 Community. Obtain information on the number visitor/amusement facilities, and residential redevelopment years after building is placed of jobs created by each entity and a comparison facilities in the Renewal Community. Only projects that in service or as amended by of taxes paid with abatement vs. without employ more than 50 individuals can be considered for City Council. abatement in order to demonstrate savings to abatement. Abatement will be for construction period and 5 the Renewal Community business. years after, or as amended by City Council during the Renewal Community period. 1 Texas Department of Economic Development will provide Offered throughout the Provide a report of the number of Texas refunds of state sales and use taxes on equipment, Renewal Community Enterprise Zone Projects granted in 2002-2009, machinery and building materials for use in the zone. Grant designation to projects Obtain from each project, the number of jobs refunds of state sales taxes paid on labor for building rehab nominated and accepted created, number of jobs for economically and taxed paid on electricity and natural gas used by the through the Texas Economic disadvantaged, value of project on the tax roll project. Grant rebates for new jobs created not just the jobs Development. vs. previous value, to demonstrate gain in that constitute the 25% criteria for economically value. disadvantaged persons. Provide franchise tax liability deductions. 2 City of Corpus Christi will provide after school childcare for Offered throughout the Obtain documentation on the number of school - age students through their latchkey program and Renewal Community students enrolled in after school programs who provide scholarships to those residents needing financial designation period live in the Renewal Community and who assistance for after school care. City will provide SEED participate in Weed and Seed programs who TECH, Safe haven and DEFY programs to those Irving in the live in the Renewal Community. Weed and Seed area and in the Renewal Community. 2 CCISD will assist individuals in obtaining their GED. Offered throughout the Obtain information from the school district on Renewal Community the number of Renewal Community residents designation period who earned their GED through this program. Provide the number of students who are enrolled in GED Classes who live in the Renewal Community. 2 City of Corpus Christi will provide CDBG, HOME and ESG Offered throughout the Obtain information to determine projects and funds for implementing the Renewal Community and projects Renewal Community programs funded that were located in the and programs that assist low -moderate income individuals in designation period Renewal Community area and projects and the Renewal Community including services, housing, and programs that assisted businesses in the projects that promote economic development. Renewal Community or individuals residing in the Renewal Community. Obtain information on the number of houses rehabilitated and constructed in the Renewal Community each year. This year the City is renewing its 5-year consolidated plan in 2003. The City will incorporate the Renewal Community in the plan and submit to HUD the TIUP as a Neighborhood Revitalization Strategy in 2003. In addition, the City will provide revised commitments to HUD regarding its commitments to the Renewal Community in 2003. 2 Coastal Bend Workforce Development board will fund a Offered throughout the Renewal Community will work with the Board to variety of services to assist individuals in obtaining employment and businesses to recruit employees in the Renewal Community designation period identify methods to target the Renewal Community Businesses and residents of the Renewal Community. Renewal Community to provide services. Each year the Renewal Community will obtain the number of individuals living in the Renewal Community assisted and the number of businesses in the Renewal Community assisted each year. 2 Corpus Christi Regional Transportation Authority will provide Offered throughout the Obtain ridership information in the areas in the safe dependable service to residents of the Renewal Renewal Community Renewal Community. Work with the RTA to Community. designation period detemnine if additional services are needed and provide the services. 2 Del Mar will promote growth, expansion, innovation, Offered throughout the Obtain information on services provided to increased productivity and improved management for small Renewal Community businesses in the Renewal Community and businesses. designation period throughout the City. 2 Gulf Coast Council of La Raza will assist families with Offered throughout the Obtain information on the number of people services and employment training to become employed. Renewal Community assisted who live in the Renewal Community. designation period 2 Local CPA organizations will promote the Renewal Annual Obtain information on the number of CPAs Community tax incentives through newsletters and seminars. attending each of the seminars where the Renewal Community incentives were discussed and number of newsletters distributed. 2 Real Estate Board will hast meeting to inform Commercial Annual Obtain information on the number of Brokers Real Estate brokers and agents of the incentives in the and agents attending the meeting. Renewal Community. 2 Corpus Christi Beach Association will promote the tax Annual Obtain information on the number of incentives to their members through newsletters and newsletters distributed and number of member meetings. attending the meetings. 2 Metro Ministries will assist low - income families and Offered throughout the Obtain information on the number of people homeless individuals with housing, employment and other Renewal Community assisted who live in the Renewal Community or basic needs. designation period homeless people who are in the Renewal Community. Obtain information on the types of services provided to the homeless. 2 Nueces County Community Action Agency will provide Offered throughout the Obtain information on the number of people necessary information for persons needing health services. Renewal Community assisted who live in the Renewal Community designation period 2 Texas A&M University - Corpus Christi will provide training Offered throughout the Obtain information from the University on the opportunities to businesses and their employees. Staff will Renewal Community number of businesses assisted and number of assist in obtaining grant funding to implement the Renewal designation period employees trained, specifically those who are Community and survey businesses in the Renewal located in the Renewal Community. Community annually. 2 Nueces County Health Department will provide health Offered throughout the Renewal Community will work with the Health services to the public. Renewal Community department to reach out to the Renewal designation period Community and obtain information from the Health Department of the number of animals picked up in the Renewal Community, presentations made in the Renewal Community, participation in health fairs in the Renewal Community, number of patients seen who reside in the Renewal Community, number Renewal Community residents receiving WIC. 2 Youth Opportunities United will submit $150,000 per year in Offered throughout the RC Renewal Community will work closely with the grant applications for projects that improve local services in designated period YOU to submit grant applications for projects the Renewal Community, specifically programs that target at- and programs targeting at-risk youth and risk youth and delinquent youth. delinquent youth. The RC will obtain information from the YOU of the number of grants submitted and amounts received that affect individuals living in the RC or services being provided in the Renewal Community. 2 Workforce Network will provide employers and job seekers Offered throughout the Jobtain information from the WN on the number services. Renewal Community of job seekers and employers assisted who live designation period or are located in the Renewal Community. 2 YMCA will assist parents with childcare needs. Offered throughout the Renewal Community Obtain information on the number of youth who received services who lived in the Renewal designation period Community 2 YWCA will provide services that transform the lives of gids Offered throughout the obtain information on the number of girls and assisted who live/work in the Renewal and women. Renewal Community designation period women Community 3 The Police Department will work with citizens to develop Offered throughout the Renewal Community will work with the police department to reach out to the Renewal Neighbors on Watch (NOW)Programs in neighborhoods in the Renewal Community Designation Period Community residents and obtain information of Renewal Community the number of NOW programs developed in the Renewal Community area each year. 3 The Police Department's Crime Prevention Specialists will ongoing Renewal Community will work with the police department to reach out to the Renewal conduct Homeowners Insurance Premium Reduction Surveys Community residents and obtain information of for citizens in the Renewal Community who request at no the number of surveys conducted in homes in charge. the Renewal Community area each year. 3 The Police Department's Crime Prevention Specialists will 2002-2009 Renewal Community will work with the Police Department to reach out to the Renewal provide information to Senior Citizens in the Renewal Community senior citizen community and Community on crime prevention. provide information about crime prevention to seniors. Renewal Community will obtain information on the number of Seniors who live in the Renewal Community who have been provided this information. 3 City of Corpus Christi will renew its crime control district from 2002-2007 Obtain information from the Police Department of the number of additional police officers that 2002-2007 in order to fund 50 additional police officers in high areas of the City, to decrease the incidence of criminal were assigned to the Renewal Community, crime offenses associated with young offenders, to provide obtain number of young offenders who resided in the Renewal Community each year and preventive measures to break the cyte of gang recruitment and violence, to reduce citizens' fear of crime, to further the compare to previous years, obtain information ability of Police to fight crime by adding technological on the preventative measures taken in the Renewal Community to prevent gang enhancements and new equipment. recruitment and violence, obtain a crime report for each year and compare to previous year to demonstrate how crime has been reduced in the Renewal Community. 4 City of Corpus Christi will streamline construction permitting 2003-2009 The City will promote the one-stop center, through the development of a one - stop development center which will be located in the Renewal for permitting, building inspection, city planing and Community, via Internet including "What's New" engineering. and "Current Projects" to inform the public of new publications, and what is happening regard major projects. City will develop PSAs for broadcast on TV regarding the new center. City will survey developers to determine the effectiveness of the one stop shop and solicit input. 4 City of Corpus Christi will assist families connect with the 2003-2009 Obtain information on the number of families services needed to aid their children in avoiding delinquency assisted who live in the Renewal Community and in becoming productive citizens. City will implement a and the programs implemented in the Renewal number of programs targeted at the Renewal Community. Community. Track changes in crime throughout the Renewal Community 5 City of Corpus Christi will identify buildings that are 2002-2009 Renewal Community will work with abandoned and are currently being "drug houses" to Neighborhood Visions to identify buildings and demolish. obtain information from Neighborhood Visions to identify number of buildings demolished in the Renewal Community 5 City of Corpus Christi will construct anew arena, expand the To be completed by 2007 The Renewal Community will obtain information convention center and improve the seawall in the Renewal from the Convention and Visitors bureau of the Community area to promote economic development. Voters number of conventions held and number of approved these projects in 2000. The City will involve the visitors who stayed in hotels within the Renewal Corpus Christi Convention and Visitors Bureau and the Community. Renewal Community will obtain Corpus Christi Chamber of Commerce in attracting information of the tourism dollars generated into conventions to the community. In addition these our local economy due to the expansion of the organizations will work closely with hotels in the community to convention center and arena. assist convention organizers with their planning efforts. 5 City will develop a Business Resource Center in Corpus 2003-2009 The Renewal Community will work with the Christi with various partners including the Westside Business BRC to target businesses in the Renewal Association, Black Chamber of Commerce, Hispanic Community or promote business development Contractors Association, Minority Business Development in the Renewal Community and obtain Center, Coastal Bend Minority Council and the Corpus Christi information from the Center on the number of Business Resource Center to assist businesses with businesses assisted through the Center and the important resources necessary for success. number of businesses assisted who are located in the Renewal Community or are conducting business in the Renewal Community. 5 Corpus Christi Hispanic Chamber of Commerce will partner Ongoing The Renewal Community will work closely with with the City of Corpus Christi to assist in publicizing and the Hispanic Chamber of Commerce to market marketing the tax incentive to members and potential tax incentives to members of the organization members of the organization. through various marketing strategies. RC will work with chamber to report the types of marketing strategies used each year and distribution or contacts made. 5 Corpus Christi Beach Association in partnership with the City To be completed by 2009 The Renewal Community will work with the CC of Corpus Christi will construct a boardwalk on Corpus Christi Beach Association to obtain funding for the Beach, which is to increase tourism in Corpus Christi project and obtain information from the CC Beach association on the increased business as a result of the Boardwalk. 5 Corpus Christi Chamber of Commerce will foster business ongoing Obtain information on services provided that growth by advocating business issues, enhancing the affect the Renewal Community business climate, providing services to members and marketing the Renewal Community benefits to theirs members. 5 Downtown Management District will promote the Renewal ongoing Renewal Community will work with the Community incentives to its businesses and assist in Downtown Management district to promote the attracting businesses and new development to the downtown Renewal Community incentives to new and area. existing businesses in the Renewal Community and identify methods and partnerships to increase development. Annually report the businesses contacted, plans developed, funding mechanisms identified to improve the downtown area, projects developed, investments made. Report on the dollars invested to improve the attractiveness of the downtown area, improvements made to the downtown area, programs to assure the safety and cleanliness of downtown. 5 Corpus Christi Regional Economic Development Corporation ongoing Obtain information on the number of direct mail will promote the Renewal Community and its tax incentives pieces sent with Renewal Community through mass direct mail to businesses interested in information and number of jobs created in relocating. Corpus Christi and the Renewal Community and number of businesses that located to the Renewal Community and Corpus Christi as a result of their marketing efforts. 5 The Renewal Community in partnership with the Coastal To be completed in 2003 Provide a report on the investment made in the Bend Bays and Estuaries Program and Texas General Land Renewal Community to renourish McGee Office will provide funding to renourish beaches in the Beach, Corpus Christi Beach, Sunfish Island Renewal Community region and surrounding the Renewal and Marina Dredging. Community, renourish Sunfish Island and dredge the area in and surrounding the marina to encourage tourism and economic development in the region. 5 City of Corpus Christi will partner with developers to improve ongoing Provide a report on the number of housing units and or increase housing in the Renewal Community. built or renovated each year in the Renewal Community 5 Westside Business Association will promote the Renewal Throughout the Renewal Obtain information of services and assistance Community among their members by providing information in Community period provided. newsletters, and hosting seminars. Adopt a school in the Renewal Community. 6 Not applicable to this TILIP NA NA The City will reduce fees for Renewal Community residents 2004-2009 In 2003 the City will adopt a fee change through who are pursuing the Certified Electrical Maintenance a regular public hearing for these licenses. A Registration Exam, Maintenance Electrical License, Master process will be established in 2003 and Electrician License, Master Electrician Sign or Elevator implemented in January 2004. The effective License, Limited Journeyman Electrician License, or date will be January 2004 -December 2009. Journeyman Electrician License Each year in 20042009, the Renewal Community will obtain information on the number of residents taking advantage of this incentive. 8 The City will reduce the local requirements for child care 20042009 In 2003, the City will reduce the local home business by allowing the day care providers to increase requirements for childcare businesses in the the number of children allowable, as long as they meet the home, through a regular public hearing process. State of Texas requirements and are located in the Renewal The Effective date will be January 2004- 004Community CommunityArea. City will issue special permits for the day December 2009. Each year from 20042009, care providers in homes. the RC will obtain information to determine the number of businesses taking advantage of this reduction in requirements 9 The City of Corpus Christi will reduce the permit fees for 2004-2009 In 2003 the City will adopt the changes through street vendors who operate exclusively in the Renewal a regular public hearing process to allow the Community area. changes in the Renewal Community. The changes will be effective beginning January 2004 ending December 2009. From 20042009, Renewal Community will obtain information on the number vendors receiving discounts on the permit to operate in the Renewal Community area and the savings per vendor. 10 City will reduce permit and survey fees by for construction 2004-2009 In 2003, through a public hearing process, the and renovation of buildings and structures located within the City will reduce the pernit and survey fees for Renewal Community, construction and renovation of buildings and structures located within the Renewal Community, including daycare centers and schools The effective date will be January 2004 -December 2009. The changes will be publicized through a news release and via the internet. RC will obtain information of the number of permits and fees charged for projects in the RC and the savings per entity. 11 The City of Corpus Christi will amend its ordinances to reduce 2004-2009 The City of Corpus Christi will amend the permit fees and street use fees for limousines or sightseeing ordinance in 2003 through a regular public services operating exclusively in the RC. hearing process and will set forth -reduced fees for limousine and sightseeing services operating exclusively in the RC. The effective date will be January 2004 to December 2009. In formation will be obtained each year to determine the number of businesses taking advantage of this incentive and the savings per business. 11 The City will amend its ordinances to reduce street use fees 2004-2009 The City will amend the ordinances in 2003 for taxicabs operating exclusively in the RC. through a regular public hearing process and will set forth reduced fees for taxicabs operating in the RC. The effective date will be January 2004 to Dec. 2009. Information will be obtained on an annual basis on the number of taxicabs receiving this discount and the amount saved per business 11 The City of Corpus Christi will ramend its ordinances to 2004-2009 The City will amend the ordinance in 2003 reduce fees for solid waste hauler for hire and self -hauler through a regular public hearing process and permits for collection of solid wastes within the boundaries of will set fees for permits. The effective date will the Renewal Community. be January 2004 to December 2009. Information will be obtained on an annual basis on the number of solid waste hauler for hire and self -hauler permits issued and the amount saved per business. Renewal Cammunfly Empkytnent Credit (Renewal Community EC) Target Timetable for incentive Actions Evaluation Audience Renewal 2002-2009 Renewal Community will Renewal Community will conduct a survey each Community publicize information on year beginning in 2003 to determine the businesses and Renewal Community EC tax number of businesses in Corpus Christi who businesses who credit to businesses through were able to take the Renewal Community EC conduct work in seminars, workshops, in the previous year. the Renewal internal, and through articles, Community and by providing materials to Chamber of Commerce. City of Corpus Christi Development Center, Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. —'. W'r eM, Target Timetable for incentive Actions Evaluation Audience Renewal 2002-2005 Renewal Community will Renewal Community will obtain information Community publicize information on from the Texas Workforce Commission the businesses and WOTC tax credit to state agency that certifies the WOTC to other Businesses businesses through determine the number of individuals who have seminars, workshops, been certified in Corpus Christi. Renewal internet, and through articles, Community will also conduct a survey each and by providing materials to year beginning in 2003 to determine the Chamber of Commerce, City number of businesses in Corpus Christi who of Corpus Christi were able to take the WOTC in the previous Development Center, year. Hispanic Chamber of Commerce, Westside Business Association and other partnering ,organizations. WO&M to w6j* ftgo *OWN" Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2005 Renewal Community will Renewal Community will obtain information Community publicize information on WtW from the Texas Workforce Commission the businesses and tax credit to businesses state agency that certifies the WTW to other Businesses through seminars, determine the number of individuals who have workshops, internet, and been certified in Corpus Christi. Renewal through articles, and by Community will also conduct a survey each providing materials to year beginning in 2003 to determine the Chamber of Commerce, City number of businesses in Corpus Christi who of Corpus Christi were able to take the WTW in the previous Development Center, year. Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. Hued Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2009 Renewal Community will Through surveys, the Renewal Community will Community publicize information on 179 provide the number of businesses that are Businesses Deductions to businesses aware of the increased section 179 deduction, if through seminars, they had taken the deduction or planning on workshops, intemet, and taking the deduction, reasons for not taking the through articles, and by deduction. providing materials to Chamber of Commerce, City of Corpus Christi Development Center, Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. TargetAudience Timetable for incentive Actions Evaluation Business 2002-2009 Renewal Community will Renewal Community will report each year develop the State Plan with beginning in 2003, the investments made in the the CRA and a local plan to Renewal Community due to this incentive, the allocate the CRD. The CRD increased property value due to the investment, will be marketed through the the number of projects and allocations various partners and requested, the number of jobs created through publicized through public each allocation. notice, news releases, and internet. The Renewal Communfty will work with the business organizations in the community to raise awareness of the incentive and the application process. 1=466 dwiiw Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2009 Renewal Community will Renewal Community will work with the State Community publicize information on the environmental agency to increase awareness of businesses and Environmental Cleanup Cost this benefit and will obtain information each other Businesses Deduction to businesses year on the number of businesses in Corpus through seminars, Christi taking advantage of this incentive and workshops, internet, and the deduction being taken. through articles, and by providing materials to Chamber of Commerce, City of Corpus Christi Development Center, Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. Target Audience Timetable for incentive Actions Evaluation CCISD 2002-2009 Renewal Community will Creation of an "Academy" by the end of 2009. discuss CZABS with CCISD Provide actions taken each year, contacts and private industry. made and status of developing an academy. Renewal Community will Upon completion, Renewal Community will facilitate training schools. obtain information on the number of students I served at the Academy. CCISD 2002-2009 Develop a construction/GED- Implementation of a Construction training/GED training program modeled program for 16-25 year olds. after YouthEuild, which can be funded by HUD- YouthBulld Funds, CDBG, which can serve as a pilot project for developing a vocational training academy. Target Audience Timetable for incentive Actions Evaluation Housing 2002-2009 Submit the TIUP as a Renewal Community will obtain information to Developers Neighborhood Revitalization determine the number of housing units created Strategy to HUD in order to pursuant to this Neighborhood Revitalization provide greater flexibility to Strategy. carry out housing programs in the Renewal Community and provide added benefit to housing projects seeking LIHTC. Housing 2002-2009 Provide information to Renewal Community will obtain information Developers developers regarding the from the Texas Department of Housing and benefits of housing in the Community Affairs of the number of projects in Renewal Community and the Corpus Christi and the number of units set IRS, including HUD funds aside for low-income families. and Low Income Housing Tax Credit. 1 17, 1, M -M iwa?viffiy'"�W Strategy Evaluation Renewal Community will develop and conduct surveys to determine the level of participation in the Renewal Survey results Community incentives and knowledge of these incentives to plan for future marketing campaigns. Renewal Community will develop a resource guide with business partnering agencies to promote the business Number of guides distributed. Survey partnering organizations and their services, business resource center and their services, Texas Enterprise Zone businesses to determine effectiveness of the benefits, City tax incentives, Development Center, Renewal Community Tax Incentives. guide. Provide signs along the perimeter of the Renewal Community to indicate the boundary of the Renewal Signs are to be installed in 2003 Community or entering the Renewal Community Present custom proposals to private industry that will employ more than 50 workers and who are seeking to Provide the number of custom proposals locate in the Renewal Community. submitted each year and results (investments made to the Renewal Community and the number of jobs created. Develop short videos to increase awareness of the Renewal Community incentives. The video will be broadcast Broadcast of the video. Number of videos on public access and used as a marketing piece for businesses inquiring about locating to the Renewal distributed and the results of the distribution. Community. Continuously solicit new partners to optimize the potential for lowering the unemployment rate, poverty rate and Annually report partners and their commitment raising the household income of individuals in the RC and promoting economic development in the RC to the RC and their outcomes. RESOLUTION ADOPTING THE CORPUS CHRISTI RENEWAL COMMUNITY TAX INCENTIVE UTILIZATION PLAN NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Renewal Community Tax Incentive Utilization Plan is adopted as the City's plan to satisfy the Federal Department of Housing and Urban Development's economic growth promotion requirements in 24 CFR 599.107(b). A copy of the plan is attached to this resolution as Attachment A. SECTION 2. The City Manager is directed to implement the Corpus Christi Renewal Community Tax Incentive Utilization Plan, and bring any necessary amendments to the Code of Ordinances to the City Council for consideration. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 10th day of December, 2002. James R. Bray Jr. City Attorney_ R.~l~y~eining First Assistant City Attorney Samuel L. Neal, Jr. Mayor R22116B t .doc 40 41 AGENDA MEMORANDUM December 17, 2002 SUBJECT: Multi-Purpose Arena - (Project No. 4236) AGENDA ITEM: a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CiP Fund from the Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of the Area; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed $34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements. (Total Contract = $35,732,798) FUNDING: Funding is available from bond proceeds upon appropriation. RECOMMENDATION: Approval of the motion as presented. Angel R. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Prior Actions Value Engineering Changes Preliminary Budget Location Map ADDITIONAL INFORMATION SUBJECT: Multi-Purpose Arena - (Project No. 4236) BACKGROUND: Council approved the ranking of the firms on November 5, 2002. The proposal submitted by Fulton-Coastcon, Corp., Joint Venture was determined to represent the best value. The sealed proposals were received and opened on Monday, October 21, 2002. The evaluation and ranking occurred within the 45 days required by the Local Government Code (Section 271.118). The Local Government Code permits cities using the sealed proposal process to negotiate with the selected firm options for scope and time modifications and price changes. Other significant actions relating to these complex projects are attached. See Exhibit B. NEGOTIATIONS: Contract negotiations and value engineering have resulted in a revised not to exceed price of $34,232,798 for the Multipurpose Arena. This amount represents the realistic minimum price that will result in all of the commitments made being fulfilled regarding design, quality, and opening prior to the beginning of the 2004 basketball season. The specific modificatioqs negotiated will not impact the architectural design, finishes, functionality, and public areas of the arena. A list of modifications is attached. See Exhibit C. Value engineering is continuing with a number of items under evaluation. It is anticipated that additional savings will be realized from those items listed as "Under Consideration" (Column 2 - Exhibit C). The final contract price adds an additional $1,500,000 of mechanical improvements for the Convention Center Expansion project. The recommended total contract award to Fulton Coastcon is not to exceed $35,732,798. The preliminary budget is attached. See Exhibit D. BID vs. PROPOSAL PROCESS: During a. sealed bid process, value engineering must be undertaken in advance of opening bids. 'This is necessary to ensure that it is possible to award a construction contract. The CorPus Christi International Terminal Building is an example of how pro-bid value engineering resulted in a contract which resulted in a significant number of change orders to rest6re the level of finish and quality warranted by the project. The City initiated many of the change orders to improved finishes, functionality, and quality. This will not be necessary for the Arena enabling the City to proceed with a smaller contingency. H:\HOM E\KEVINS\G EN~Arena\^ArenaAwdBkgExhA.doc EXHIBIT "A" PRIOR ACTIONS PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). 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; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc.~ For the multi-purpose arena and Bayf'ront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining bala,nce of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). August 21, 2001 - Council approval of the ~orpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). H:\HOME\KEVINS\GEN~Arena\^ArenaAwdPriorActionsExhC,doc EXHIBIT B Page 1 of 3 Auqust 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropdating$5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). September 9, 2002 - a. Ordinance appropriating $425,000 from.the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 5, 2002 - Motion approving the recommended ranking of contractors for the Multi-Purpose Arena and authorizing the City Manager or his designee, to enter negotiations in accordance with the Local Government Code (M2002-364). November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002- 399). EXHIBIT B Page 2 of 3 H:\HOME\KEVINS\GEN~Arena\^ArenaAwdPdorActionsExhC.doc PRIOR ADMINISTRATIVE ACTIONS: July 31,2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. H:\HOME\KEVlNS\GEN~Arena\^ArenaAwdPriorAction sExhC.doc EXHIBIT B Page 3 of 3 Corpus Christi Bayfront Mu/tl-Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not Div Item# Description Priority Tota/ Accepted (1) Consideration(1) Recommended(3) Rejected(4) 0031 0 005 OI 013 0 005 011 005 0: 005 0' 009 0' 015a 0_ 002 0 003 OZ 004 O" 005 Of 008 0: 016 2£ 005 Olt Provide an alternate structural design of the foundation system (See 1 (1,300,000) (1,300,000) below for add9 info) Allowance revised structural requirements based on redesign of roof 1 (300,000) (300,000) trusses. Reduce scope of ice rink refrigeration equipment by eliminating the refrigeration compressors, condenser, snow melt heat exchanger, under- 1 (275,000) (275,000) floor heat exchanger, brine pumps, expansion tanks, control panel, cooling tower and associated piping, valves and fittings. Revised structural requirements based on a wind load criteria of 125 1 (150,000) (150,000) mph per ASCE 798 (100 tons) Provide painted steel handrail system with stainless steel cable in lieu of 1 (110,000) (110,000) ornamental glass handrail Provide Versadeck acoustical deck in lieu of specified deck and 1 (90,000) (90,000) suspended lapendary panels. Delete plaster finish on north and west elevations as shown on Sheets 1 (85,000) (85,000) A2.01 and A2.02. Provide colored 4" CMU in lieu of gray CMU. Change all storm drain piping above the crawl space in the building to _ PVC in lieu of cast iron. Price includes restraints on 10" pipe and 1 (65,107) (65,107) larger. Revise planter area per Architect's sketch 1 (65,100) (65,100) Modify dowel spacing and masonry wall reinforcing to maintain wind 1 (65,000) (65,000) load design pressures but reduce reinforcing steel at #7's at 48" o.c. Omit the masonry screen wall on the south elevation as shown on 1 (65,000) (65,000) A2.01. Reduce overall width (to 3') and configuration of catwalk and provide l (52,000) (52,000) M" x 3/16" bar grating in lieu of 'A" checkered plate. Provide alternate finish hardware package. 1 (44,000) (44,000) Change 800 kw standby natural gas genset to 800 kw diesel genset with 1 (43,000) (43,000) a 1400 gal fuel tank and piping Revised structural requirements based on lowered rigging loads 25 tons 1 (40,000) (40,000) Exhibit C Page 1 of 9 Corpus Christ( Bayfront Muld-Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not LD,:� /tem4 Description Priority Tota( Accepted (1) Consideration(2) Recommended(3) Rejected(4) 015a 05 Change sanitary sewer, waste and vent piping outside the chases from cast iron to PVC and include 1-1/2" blanket insulation 1 (39,310) (39,310) 015a 02 Change sanitary sewer piping in the crawl space to PVC in lieu of cast iron. 1 (37,400) (37,400) 015a 04 Change sanitary sewer, waste and vent piping in the chases from cast iron to PVC and include Huskey clamps 1 (35,310) (35,310) 015c 13 Revise size of internally -lined return duct under building per Bovay design dated 12/5/2002. This value engineering item still allows duct to be intemally lined. 1 (24,135) (24,135) 007 07 Change modified bitumen cap sheet to fiberglass cap sheet with specified warranty. (12 Yr. NDL warranty + $6,000 - 3 yrs) 1 (24,000) (24,000) Ol5c 18 Reduce test and balance allowance. 1 (24,000) (24,000) 015c 02 Delete roller hangers on chill and hot water systems. - 1 (22,200) (22,200) 011 _ Ol _ Provide alternate design for window cleaning equipment and horizontal safety line system. 1 (22,000) (22,000) 016 14 Delete the 100% replacement lamp cost. 1 (22,000) (22,000) 003 02 1 Minimize requirement for Class "A" finish on formed concrete 1 (16,000) (16,000) 015c 12 Delete KW meters. 1 (15,995) (15,995) 003 05 Consider alternate specifications on ready -mix concrete typical to Corpus Christi International Airport. 1 (15,000) (15,000) 007 02 Delete 5/8" Type "X" gypsum board from the roof system. 1 (14,000) (14,000) 015c 22 Delete the variable frequency drives for the air handlers that are constant volume AHU-1, 2, 3, 12 and 13. (Wil/providemotorstaners in lieu of VFDS) 1 (13,110) (13,110) 005 10 Eliminate requirements for AESS finish starting at 13' above the mezzanine level. 1 (13,000) (13,000) 009 _ 06 Provide alternate specification on painting with typical specifications to C. C. Airport. 1 (13,000) (13,000) 008 05 Provide mill -finished aluminum grilles in lieu of stainless steel at Concession area. 1 (12,000) (12,000) 009 02 Change all ceramic wall tile GRP 1113 x 6 to GRP I 4-1/4. 1 (12,000) (12,000) 013 02 provide 6" slab in lieu of 8" at the ice rink concrete topping. 1 (12,000) (12,000) 015c 14 Delete all leak testing of ductwork. I (10,000) (10,000) Exhibit C Page 2 of 9 Corpus Chrfstf Bayfront Multi -Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not Div Item# Description Priority Total Accepted (1) Consideration(2) Recommended(3) Rejected(4) 015a 01 Change storm drain piping in the crawl space to PVC in lieu of cast iron 1 (9,489) (9,489) (includes restraints). 001 01 Provide one owner office trailer in lieu of two. 1 (9,000) (9,000) 015c 27 Delete exhaust system in crawlspace and provide areway vents. 1 (7,079) (7,079) 006 02 Change the Club Lounge bar as detailed on Sheet A8.41. to straight bar 1 (7,000) (7,000) with hardwood and stone top. 008 01 Change high performance finish of aluminum framing on the inside to 1 (7,000) (7,000) acrylic finish. 009 08 Provide epoxy flooring in lieu of quarry tile at kitchen/Concession area. 1 (7,000) (7,000) Provide 7000 psi concrete on only those columns where required for 003 03 loading in lieu of all the columns from the pile caps to bottom of 1 (5,000) (5,000) mezzanine. 008 06 Delete glass and glazing at Team Store. 1 (5,000) (5,000) 015c 16 Delete continuous weld fittings on exposed round paint grip ductwork. 1 (4,000) (4,000) 015a 06 Change valves 2" and below from threaded to solder type. I (3,844) (3,844) 007 06 Delete acoustical panels above upper Concourse seating on north and 1 (3,500) (3,500) south sides 1 A8.93 010 01 Eliminate urinal screens. 1 (3,500) (3,500) _ The modifications to the lid at the power vault (C2.4) is included in our 002 03 price. We assumed that the work would be done on the vault after it 1 (3,000) (3,000) was de -energized. We will provide a deduct in the event that AEP has this work in their scope. 006 03 Change low wall section at Concession area shown on A8.42 from 1 (3,000) (3,000) Imetal stud framing with plastic laminate front to a colored CMU wall 009 05 Delete waterproofing at restrooms. 1 (3,000) (3,000) 015c 09 Use PC only, not both a PC and a laptop. 1 (2,500) (2,500) 015c 28 Change 12" chilled water system and return feeding the Convention 1 (2,500) (2,500) Center to 10" 015a 13 Change thickness on domestic cold water insulation from 1" to ''/z". 1 (2,438) (2,438) _ (Only applies if/tem #9 is not accepted.) 016 19 10% spare lamps - storage space for lamps would consume a 10 x 12 1 (2,400) (2,400) area with no work aisle. Exhibit C Page 3 of 0 Corpus Christi Bayfront Multi -Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not Div Item# Description Priority Total Accepted (1) Consideration(2) Recommended(3) Rejected(4) 015c 06 Delete dual conduits for control wire. 1 (2,000) (2,000) 016 01 Change the percentage of total harmonic distortion allowed in the ballasts to 20%. 1 (1,926) (1,926) 016 22 Change door in door to standard laser trims. 1 (1,155) (1,155) 015a 07 Change individual water closet supply from 1-1/2" to 1-1/4". 1 (1,000) (1,000) 015a 11 Delete aluminum jacketing as specified. 1 (926) (926) 016 26 Change to general duty disconnects on 240 volts. 1 (278) (278) 008 04 Provide EFCO curtain wall system in lieu of Vistawall. 1 tbd tbd 009 09 Reduce Iapendary, panel scope of work. (See Addendum #4 and A5.30.) (See Division 5, No. 6) I tbd tbd 016 18 Delete the shutter from the event light fixtures. 2 (131,110) (131,110) 004 04 Replace all Cordova cream stone on the exterior and interior of building with Rustic Limestone. 2 (43,000) (43,000) 015c 24 Delete variable frequency drives on centrifugal chillers (CH 1 and 2) and provide standard factory motor starters that will be unit -mounted star - Delta or Solid State starters. 2 (40,000) (40,000) 016 12 Change Type KXl from architectural brand to specification grade 20' aluminum pole with decorative post top hid feature. 2 (38,295) (38,295) 008 08 Change Azurlite tint color on exterior glass to a blue or blue/green tint. 2 (32,000) (32,000) 016 16 Change Type KX3 from architectural grade to commercial grade. 2 (31,020) (31,020) 016 06 _ Change Types KK, KL, KN, KP, KPI, KU and KU2 from architectural grade to commercial grade._ 2 (19,550) (19,550) 015c 26 Delete copper fins and provide standard aluminum fins. 2 (16,000) (16,000) 016 08 Change Types KFA and KFB from aluminum construction to steel construction. 2 (15,330) (15,330) 007 11 04 Change 3" roof insulation as detailed on Sheet A8.01 to 2-1/2". This will provide overall R -value of 12.08 for the roof system. 2 (15,000) (15,000) 016 15 Change Type KF21 fixture from specification grade to commercial grade. 2 (10,555) (10,555) Exhibit C Page 4 of 9 Corpus Christi Bayfront Multi -Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not Div Item N Descrip6m, Priority Twai Accepted (1) Consideration(2) Recommeaded(3) Rejected(4) Exhibit C Page 5 of 9 Change thickness of insulation on the heating hot water supply and 015c 03 return from that originally specified to I" thick insulation for pipe sizes 2 (6,280) (6,280) up to 1" and 1-1/2" thick insulation for pipe sizes 1-1/4" and larger. 015a 14 Change water closet flush valve spec from Sloan "Royal" to Sloan 2 (6,175) (6,175) "Regal" Change all parapet caps and coping material as detailed on Sheet A8.01 007 01 to sheetmetal with standard Kynar 500 finish. Warranty on waterfront 2 (6,000) (6,000) is not available in either product. 016 10 Change Type KF4, KF 11, KF 13 and KF23 from fluorescent to 2 (5,891) (5,891) incandescent. 016 04 Change exits from a specification grade to commercial grade. 2 (5,700) _ (5,700) 015a 12 Change thickness on domestic hot water insulation from specified to 2 (5,501) (5,501) thick for all sizes. 016 07 Change all step lights from Led/incandescent sources to commercial 2 (5,259) (5,259) grade compact fluorescents. Change 1-1/2" rigid board insulation as shown on Sheet A8.00 (Typical) 007 03 to 1" rigid board insulation. This would reduce the R -value of the wall 2 (5,000) (5,000) _ by 2.5 Omit Section 16990-1-16991-12 testing. Please refer 16990-3/3.01. Equipment to be tested. In lieu of field testing we offer standard manufacturer factory testing for items 1, 2, 3, 4, 5 and 6. Testing for 7, 016 27 8 9 and 10 will be by manufacturer onjobsite. Items 11, 12, 13 and 14 2 (4,500) (4,500) will be performed by electrical contractor. We have the equipment and expertise. All necessary torking and cleaning will be performed by electrical contractor. 015c 05 Delete aluminum jacketing on insulated piping located in the 2 (4,135) (4,135) mechanical rooms. (Cannot betaken with N3.) 016 05 2 (3,009) (3,009) Change HID down lights from specification grade to commercial grade. Exhibit C Page 5 of 9 Corpus Christi Bayfront Multi -Purpose Arena VALUE ENGLNEEH7NG CHANGES EXHIBIT C December 17, 2002 Under Not Div Item# Description Priority Total Accepted (1) Camideradon(2) Recommended(3) Rejected(4) O15a 16 Change specified fixture angle stops and p -traps to standard compression type and cast brass p -traps without the IPS nipples. 2 (2,954) (2,954) 016 25 Change SPB type breakers to magnum. 2 (2,550) (2,550) 016 11 Change Type KF17 from specification grade to commercial grade. 2 (1,652) (1,652) 016 03 Change industrial fluorescents to commercial grade. 2 (1,607) (1,607) 015a 17 Change specified drinking fountain to standard wall -hung bi-level. 2 (1,480) (1,480) 016 24 Delete standard thermal magnetic trips for feeder breakers on. 2 (1,350) (1,350) 01602 Change T8 lamps to 700 series. 2 (1,331) (1,331) 016 21 Change from copper to aluminum bus on panelboards. 2 (1,045) (1,045) 016 09 Change Types KF3, FK5 and KF 10 from architectural grade to commercial grade. 2 (1,035) (1,035) 016 20 Change switchboard MSA/MSB monitoring device and metering from IQ Analyzer 6630 CTS to IQ analyzer 6230 CTS. 2 (1,030) (1,030) 015a 15 Change urinal flush valve spec from Sloan "Royal' to Sloan "Regal'. 2 (665) (665) 008 07 Provide a vertical plane curtain wall system with 18" deep I -beams in lieu of the folded plate design with trusses. 3 (272,000) (272,000) 005 06 Provide Vulcraft NA 20 gauge acoustical deck in lieu of specified deck and suspended lapendary panels. 3 (240,000) (240,000) 002 02 Provide the following revisions to the landscaping. 3 (50,000) (50,000) 007 08a Provide 42" wide vertical panels in lieu of horizontal on the south wall 3 (45,000) (45,000) 005 04 Eliminate draft curtain. Architect to research code. (Detail 8A 890). 3 (34,000) (34,000) 015a 09 Delete all domestic cold water insulation. 3 (25,641) (25,641) 002 07 Provide alternate design on retaining wall at Water Street loading dock to reflect the omission of the masonry wall. 3 (15,000) (15,000) 015c 08 Change NCU NI bus to N30 ethernet. 3 (6,990) (6,990) 014 0 11 Change stainless steel elevators fronts to a baked enamel finish. 3 (5,000) (5,000) 014 02 Change elevator cab finishes from stainless steel to plastic laminate. 3 (2,000) (2,000) 016 23 Change distribution panels to series rated. 3 (950) (950) O15a 08 Change individual urinal supply from I" to V. 3 (834) (834) 009 01 Change terr=o flooring on Event level to stained concrete. 4 (171,000) (171,000) Exhibit C Page 6 of 9 Corpus Christi Bayfront Multi -Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not Div Iter, Description Priority Total Accepted (1) Consideration(2) Recommended(3) Rejected(4) 007 08b Provide 42" wide vertical panels at the south and west wall; provide a 4 (110,000) (110,000) single slope at the west wall with modified structural support system. Lower the finish floor elevation to 14.55 ft. This would save on 002 04 exterior wall, sitework, ramps, concrete work, and retaining walls. See 4 (85,000) (85,000) Sheets A0.02 and A0.03 to review floor plan to discuss ramping options between the Arena and the Convention Center. 005 08 Provide I-beam support system in lieu of trusses at the folded plate 4 (75,000) (75,000) curtain wall. (Beam will be 18" deep) 015c 01 Change dehumidifier to air-to-air heat wheel type as specified in Section 4 (70,000) (70,000) 15855. 005 12 Eliminate roof bump -up at the top of curtain wall system. Lower height 4 (65,000) (65,000) of parapet. 009 03 Change slate flooring on Mezzanine level to stained concrete. 4 (60,000) (60,000) 010 03 Omit awning specified in Section 10536 located at the mechanical 4 (31,500) (31,500) loading dock. 007 05 Omit at precast riser joints. 4 (29,000) (29,000) 009 04 Change linoleum flooring at Mezzanine and upper Concourse levels to 4 (25,000) (25,000) stained concrete with sealer. 015c 07 Delete water flow meters as specified in Section 15950. 4 (22,600) (22,600) Change 8" Trenwth Trendstone and Trenwth Astra glazed concrete 004 01 masonry units in All Event Concourse areas as scheduled on Sheets 4 (22,000) (22,000) A4.00, A4.01, A4.02 and A4.11 to a standard colored concrete masonry HNninate requirement for AESS finish on the steel trusses at the curtain 005 09 wall. 4 (20,000) (20,000) 016 17 Change Type K5 from motorized theatrical flood to architectural grade 4 (19,800) (19,800) flood with color filters. 016 13 Delete Type KQ fiber option lighting. 4 (18,422) (18,422) 013 03 Delete bottom layer of 2" insulation. 4 (13,000) (13,000) 002 05 Eliminate handicap ramp on the south side. 4 (11,000) (11,000) 011 02 Change Prestige polyester velour fabric on the blackout curtains to a 20 4 (11,000) (11,000) oz. Cotton velour fabric and eliminate fabric liner. 015c 10 Delete airflow monitor stations. 4 (10,046) (10,046) Exhibit C Page 7 of 9 Corpus Christi Bayfront Multi -Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not Div Item # Description Priority Tool Accepted (1) Consideration(1) Recommended(3) Rejected(4) O15c 20 Delete the variable frequency drives for Cooling Tower I and 2. (Wil( 4 (8,600) (8,600) provide motor starters in lieu of VFDS) 015c 21 Delete the variable frequency drives for condenser water pump CWP -1 4 (8,580) (8,580) and 2. (Will provide motor starters in lieu of VFDS.) 011 03 Provide alternate sound system (see below for add'I info) 4 (8,300) (8,300) 005 03 Provide pipe handrail system at balcony in lieu of ornamental glass 4 (6,500) (6,500) handrail. 006 O1 Change plastic laminate hockey lockers to MVP metal lockers 4 (6,400) (6,400) manufactured by Republic 002 06 Eliminate handicap ramp on east side. 4 (5,000) (5,000) 008 02 Provide SWE 5361 painted aluminum Ticket Window as manufactured 4 (5,000) (5,000) by Creative Industries in lier of stainless steel Ticket Window 014 03 Provide painted gyp bd on sides of escalator in lieu of stainless steel 4 (5,000) (5,000) panels O15c 23 Delete the variable frequency drives for primary chill water pumps 4 (4,584) (4,584) (PCHP 1 and 2.) (Will provide motor starters in lieu of VFDS.) -NI —5c 11 Delete filter rack in front of airflow monitor station. 4 (4,200) (4,200) 004 02 Replace 12" marble base and shelf angle as detailed on 6A8.00 with 4 (4,000) (4,000) limestone. 015c 15 Delete leak testing of ductwork except for one type air -handling unit 4 (4,000) (4,000) system. 015a 10 Delete vertical roof drain leader insulation. 4 (3,473) (3,473) Exhibit C Page 8 of 9 Corpus Christi Bayfront Multi -Purpose Arena VALUE ENGINEERING CHANGES EXHIBIT C December 17, 2002 Under Not Div Item # Description Priority Total Accepted (1) Consideration(1) Recommended(3) Rejected(4) 015c 015c 015c OR 015c 19 Change size of return air ducts under 1st floor slab. 4 (2,000) Priority 1 -3,243,202 Sub Total (2,000) 04 Delete increasing the insulation thickness on fiberglass pipe insulation installed exposed to the weather, in crawl spaces, and mechanical equipment rooms. (specified Section 15250, page 3, para 2.2, sub para G) 4 (1,560) (1,560) 17 Delete conical taps and extractors on low-pressure duct. 4 (1,200) (1,200) 02 Provide solid plastic toilet partitions in lieu of stainless steel. 4 NIC N/C 25 Change flex tube boiler to steel tube boiler. 4 tbd tbd (5,354,391 (3,243,202) (466,009) (697,415 (947,765 (5,354,391) Base Proposal 38,976,000 Central Plant'CP' -1,500,000 Priority 1 -3,243,202 Sub Total 34,232,798 Priority 2 466,009 Sub Total 33,766,789 Exhibit C Page 9 of 9 City of Corpus Christi, Texas Depa~'ment of Financial Services Arena Project Budg~ and Bond Sizing December t2, 2002 Project Revenues Short term note Federal grant Arena sales tax fund balance contribution Arena bonds proceeds (ha of co,ts of issuance) $ 5,000,000 498,900 500,000 49,575,939 55,574,839 Project Expenditures Pay off note Land acquisition Construction Less mechanical share for convention center: approf~iated Nov. 26, 2002 Streets Signage Contingency Architect and Engineer Geotechnical Project Managereent PM Construction Phase (1) 1.25% Art Materials testing and lab FF&E Seating Engineering ISF reirebursement 5,000,000 3,319,084 35,732,798 (1,500,000) 400,000 349,914 1,532,204 3,247,549 27,880 288,500 1,300,000 427,910 225,000 3,300,000 1,800,000 124,000 55,574,839 12/12/2002 3:29 PM arefla.projectbudget.121202.)d$ councilexhibits \ SHIP CHANNEL HARBOR BRIDGE N SUBJECT PROPE~ CORPUS CHRISTI BAy CZTY PROJECT No. 4236 VT_CT_N~TY IitAP ~or TO SC~L~ EXH-rBr-T "E" ORDINANCE APPROPRIATING $49,575,939 IN THE NO. 3275 ARENA 2002 CIP FUND FROM THE PROCEEDS OF THE SALES TAX REVENUE BONDS, SERIES 2002, TO FUND THE CONSTRUCTION OF THE AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $49,575,939 is appropriated in the No. 3275 Arena 2002 CIP Fund from the proceeds of the Sales Tax Revenue Bonds, Series, 2002, to fund the construction of the Arena. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor ,2002 Lisa Aguilar Assistant City Attorney 42 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a consultant contract with J. Quad & Associates, of Dallas, TX, for a fee not to exceed $90,000 for the preparation of the FY2003-2007 Consolidated Plan and optional Neighborhood Revitalization Strategy for the City of Corpus Christi. ISSUE: HUD regulations require each jurisdiction to consolidate into a single submission the planning and applications for the CDBG, HOME and ESG Programs. In accordance with HUD regulations, the City of Corpus Christi will be submitting a new five-year Consolidated Plan for FY2003-FY2007. IMPLEMENTATION SCHEDULE: The timetable for the implementation of the Consolidated Plan will proceed simultaneously with the submission of the FY2003 Annual Action Plan as per the adoption of the schedule by City Council on December 10, 2002. PRIOR COUNCIL ACTION: On May 21, 2002, the City Council adopted its FY2002 Consolidated Annual Action Plan for the CDBG, HOME and ESG Programs. As part of this action, the City Council approved the FY2003 Consolidated Plan Preparation project (M2002-148). REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 require approval by City Council. RECOMMENDATION: Staff recommends the execution of a contract for professional services with J. Quad & Associates, of Dallas, TX, for a fee not to exceed $90,000 for the preparation of the FY2003-2007 Consolidated Plan and optional Neighborhood Revitalization Strategy for the City of Corpus Christi. ' M'ary' Dor~{i~'z / 4~ HCD Director ADDITIONAL SUPPORT MATERIAL Background Information x Contract Summary x AGENDA MEMORANDUM BACKGROUND INFORMATION In the past, the U. S. Department of Housing and Urban Development (HUD) required separate program applications and separate planning and citizens participation processes for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. HUD is requiring a single Consolidated Plan (CP) that replaces all current community planning and application requirements with a single submission, and consolidates the citizen's participation requirements. The CP is a planning document and an application for funding for the CDBG, ESG and HOME Programs. In developing the CP, information currently available is used to help identity problems and needs in the area of housing and community development. This data includes but is not limited to information compiled as part of the Renewal Community, the City of Corpus Christi Fair Housing Assessment, the Enterprise Community, the Continuum of Care and the FY2000 Consolidated Plan. Additionally, citizen comments and views concerning the City's community development needs will be considered. HUD regulations require the development of a five-year strategy (CP) that will bring needs and resources together and must be developed to achieve the goals that will principally serve Iow to moderate-income persons and to provide decent housing, a suitable living environment and expand economic opportunities. The CP will be developed beginning January 2003 that will identity community needs with applicable resources to meet those needs through FY2007. A one-year Annual Action Plan will describe the activities and projects to be assisted with funds received under the CDBG, HOME, ESG and other HUD programs that help to meet housing and community development objectives. In addition to the preparation of the CP, staff is seriously considering incorporating the option of developing a Neighborhood Revitalization Strategy (NRS) which is designed to take advantage of benefits allowed by HUD in the use of CDBG and HOME funding. The NRS will begin with a housing condition survey that collects property information throughout the neighborhoods through the use of a windshield, external evaluation of the housing stock. This data will be summarized in maps that provide a graphic illustration of areas within the community. J. Quad will then identify sub-areas within the neighborhoods where the revitalization strategies need to be developed. These strategies will address priorities within the neighborhoods such as housing availability, housing affordability, street conditions, public facilities and community developments. The benefits of this type of analysis include the ability to count job development activities as Iow/mod area benefit; housing units assisted can be counted as a single structure, reducing the administrative burden of qualitying each occupant. Request for proposals were solicited for a consultant to prepare the CP. After careful consideration and evaluation of three proposals, staff is recommending that the City of Corpus Christi contract with J. Quad & Associates, a Texas based corporation, to prepare the CP for the fiscal periods 2003 to 2007. Below is the following criteria and ranking set forth for evaluating the proposals. Body of Proposal Tonya, Inc. J. Quad & Ass. Greater Texas Group Rating Washington, DC Dallas, TX Edinburg, TX 1. Qualifications 30 30 5 and Experience- 30 pts. max 2. Organizational 5 5 0 Structure - 5 pts. max 3. Quality of 30 35 5 Workplan 50 pts. max 4. Costs 13.95 15 14.55 15 pts. max Total 78.95 85 24.55 J. Quad & Associates ranks first with 85 of the possible 100 points, then Tonya, Inc with 78.95 points, followed with the Greater Texas Group with 24.55 points. IV. VI. J. Quad & Associates, LLC. FY2002 Professional Services Agreement Summary ALLOCATON: $ 90,000 - FY2002 CDBG BUDGET: Consolidated Plan Preparation $ 69,000 Optional Neighborhood Revitalization Strategy 20,000 Total budget $ 89,000 SCOPE OF PROJECT: For the preparation of the FY2003-2007 Consolidated Plan (CP) for the City of Corpus Christi and optional Neighborhood Revitalization Strategy for the City of Corpus Christi. PROJECT COMPLETION: Until the CP and optional Neighborhood Revitalization Strategy for the City of Corpus Christi meet HUD's final approval. CONSULTANT'S RESPONSIBILITY: Provide access to all documents and records related to the professional services agreement. Acquire and maintain the following insurance coverages: Commercial General Liability including: Commercial Form, Premises - Operations, Products/Completed Operations Hazard, Contractual Insurance, Broad Form Property Damage, Independent Contractors and Personal Injury for $1,000,000 combined single limit, automobile liability-owned non owned or rented for $1,000,000 combined single limit workers compensation which complies with the Texas Workers' Compensation Act and Section of the employer's liability for $500,000 and Professional Liability to include Errors and Omissions for $1,000,000. The Consultant must furnish to the City Risk's Manager, 2 copies of Certificates of Insurance, with the City as an Additional Insured for all liability policies with the exception for the Workers' Compensation coverage and a blanket waiver of subrogation is required on all applicable policies blanket waiver of subrogation on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Meet Section 4 (Services) and Section 5 (Production of Written Reports) of the professional services agreement. Comply with local, state and federal requirements TERM: The term of this Agreement will commence upon approval of the City Council and execution by both parties. The Consultant will begin work on the Project and will continue, subject to the termination provisions stated in Section 10 of the professional services agreement, until the day that the Consultant's final, detailed written plan document ("Consolidated Plan") of the Project is accepted and approved by the U.S. Department of Housing and Urban Development ("HUD"). CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. TERMINATION: This Agreement may be terminated by the C ty at any t me with or without cause, by City in accordance with Section 14 of the professional services agreement; or, upon the mutual written agreement of both part es Upon an event of termination, all finished and unfinished documents, data, studies, or reports ~repared by Consultant will be delivered to the City and become the property of the ity. 43 CITY COUNCIL AGENDA MEMORANDUM December 17, 2002 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a one-year contract with option of three one-year renewals for auditing services with Fluesche, Van Beveren, Kilgore, PC, of Corpus Christi, Texas at a rate not to exceed $175 per hour. ISSUE: Various compliance, operational, management audits, and/or special projects need to be performed throughout the year. Audits and analyses may include topics such as Hotel/Motel Franchise Fees and other franchise fees, Solid Waste revenues, and other City revenues. As the City does not have an Intemal Audit Department, assistance from an outside accounting firm will be used to fulfill perform these audits and analyses. Each audit will be funded by the respective department being audited. The City issued the RFP on September 23, 2002. Only the firm of Fluesche, Van Beveren, Kilgore, PC (FVBK) responded. REQUIRED COUNCIL ACTION: Approval of the motion is required to authorize execution of the contract for auditing services with Fluesche, Van Beveren, Kilgore, PC. FUNDING: Each audit will be funded by the respective department being audited. Only those projects with funds available in the budget will be conducted. RECOMMENDATION: City Staff recommends the approval of the motion authorizing the City Manager or his designee to execute a one-year contract with option of three one-year renewals for auditing services with Fluesche, Van Beveren, Kilgore, PC, of Corpus Christi, Texas at a rate not to exceed $175 per hour. D~rector of F~nanc~al Services BACKGROUND INFORMATION The firm of Fluesche, Van Beveren, Kilgore, PC, (FVBK) of Corpus Christi, Texas began serving clients in South Texas during 1972. The firm has four professionals with experience providing internal audit services and analysis for various clients. Besides membership in various professional groups and organizations, FVBK has provided intemal audit services for various enterprises. Regarding the banking industry clients, FVBK provides complete internal review and testing for banks in south Texas. This includes analyzing activity in accounts, assessing internal controls associated with different functions, testing those controls, and recommending improvements. FVBK assures the quality of the staff assigned to the City's work through ongoing continuing professional education and evaluations. Professional personnel are provided with current and relevant training designed to keep them abreast of the ever changing environment in which the firm practices. Formal training programs cover current technical developments in the governmental accounting and auditing fields. Each firm member is evaluated at least annually. Additionally, clients are also provided an opportunity to provide input on performance of personnel. AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLUSCHE, VAN BEVEREN, KILGORE, P.C. TO PROVIDE PROFESSIONAL COMPLIANCE, OPERATIONAL, MANAGEMENT AND MISCELLANEOUS ANALYSES AUDITING SERVICES This Agreement to provide professional compliance, operational, management and miscellaneous analyses auditing services ("Agreement") is entered into by and between the City of Corpus Christi, a municipal corporation, ("City"), and Flusche, Van Beveren, Kilgore, P.C. ("Contractor") effective for all purposes upon execution by the City Manager or his designee. Contractor and City agree as follows: I. CONTRACT ADMINISTRATOR The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under t his Contract including authorizations for payment. A 11 o f Contractor's notices or communications regarding this Contract must be directed to the Contract Administrator, who is the Director of Financial Services, or her designee. II. SCOPE OF SERVICES Contractor will perform professional auditing services as requested by the City Contract Administrator. The Contract Administrator will request auditing services on a project by project basis. Once the Contract Administrator has identified a particular project, Contractor will review the project and provide Contract Administrator a written estimated number of hours for the project. City Contract Administrator will review estimate and determine whether the project should commence. Contractor will not conunence performance on a City auditing project until Contractor receives written authority to proceed from the City Contract Administrator. III. CONTRACT DOCUMENT HIERARCHY Contractor must perform the services in accordance with the City of Corpus Christi Request for Proposals Bid File Number BI-0001-03, which is incorporated herein by reference and made part of this Agreement for all purposes, and in accordance with Contractor's proposal dated October 25, 2002, which is also incorporated herein by reference and made part of this Agreement for all purposes. Any inconsistencies in these documents will be resolved in this order of priority. This Agreement Request for Proposals Bid File Number BI-0001-03 Contractor's Proposal dated October 25, 2002 IV. FEE FOR SERVICES The City will pay Contractor upon successful completion of each project assigned. In no event will City pay Contractor more than the estimate provided for the project by Contractor as described above i n Section II above, unless expressly authorized b y written agreement o f t he City Contract Administrator. The Contractor has provided two altematives for the fees which are listed in the Contractor's letter dated October 25, 2002 and attached as an exhibit to this agreement. The City Contract Administrator shall select which fee altemative to use for each project. V .INDEMNIFICATION. Contractor shall fully indemnify, save and hold harmless the City, its agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, arising out of or in connection with the negligent acts and/or omissions of the Contractor, its officers, agents, or employees under this Contract. VI. INSURANCE. Before commencing activities under this Contract, Contractor will provide City's Contract Administrator with proof of required insurance identified on attached Exhibit. VII. TERM AND TERMINATION OF CONTRACT The Agreement shall commence on date of execution by the City Manager or his designee and shall continue for one year, with option to continue for three additional one-year terms, at the City's option. The City may, at any time, with or without cause, terminate this Agreement upon two (2) weeks written notice to the Contractor. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Contractor, at the option of the City, will be delivered to the City and become the property of the City. VIII. APPROPRIATIONS All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, will be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. IX. ASSIGNABILITY The Contractor will not assign, transfer, or delegate any of his obligations or duties in this Agreement to any other person without the prior written consent of the City. The performance of this Agreement by Contractor is the essence of this Agreement and City's right to withhold consent to such assignment will be within the sole discretion of the City on any grounds whatsoever X. INDEPENDENT CONTRACTOR Contractor will perform all professional services as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions will an agent, servant, or employee of the Contractor be considered an employee of the City. XI. SUBCONTRACTORS Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the 2 City Contract Administrator. In using subcontractors, Contractor agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement will be applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. XII. APPLICABLE LAW This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement will be the law of Texas and such forum and venue for such disputes will be the appropriate district, county, or justice court in and for Nueces County, Texas. XIII. WAIVER No waiver of any breach of any term, or condition of this Agreement, will be construed to waive any subsequent breach of the same. XIV. NOTICE Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice will be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Financial Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 FaxNo.: (512) 880-3601 IF TO CONTRACTOR: Flusche, Van Beveren, Kilgore, P.C. Certified Public Accountants and Advisors Attn: Jerry Van Beveren, President 800 North Shoreline, Suite 450 North Corpus Christi, Texas 78401 Fax No.: 880-5617 XV. AMENDMENT This Agreement may be amended only by written Agreement signed by duly authorized representatives of the parties hereto. EXECUTED IN DUPLICATE, each of which will be considered an original, this day of ,2002. 3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this James R. Bray, City Attorney By: day of Lisa Aguilar Assistant City Attorney Flusche, Van Beveren, Kilgore, P.C. By: Name: Title: George K. Noe Deputy City Manager .,2002 4 INSURANCE REQUIREMENTS AUDITOR'S INSURANCE Auditor must not commence work under this agreement until all insurance required herein have been obtained and the City has approved such insurance. Auditor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. Auditor must ftmaish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General and Automobile liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of non-renewal, Bodily Injury and Property Damage termination or material change and 10 day Per occurrence aggregate written notice of cancellation is required on all certificates $1,000,000 COMBINED SINGLE LIMIT COMMERCIAL GENERAL LIABILITY including: 2. 3. 4. Commercial Form Premises - Operations Products/Completed Operations Hazard Contractual Liability AUTOMOBILE LIABILITY 1. OWNED, NON-OWNED AND RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS COMPENSATION EMPLOYERS LIABILITY PROFESSIONAL LIABILITY including: Coverage provided must cover officers, directors, employees and agents 1. ERRORS and OMISSIONS Which complies with the Texas Workers' Compensation Act and Section II of this exhibit $500,000/$500,000/$500,000 $1,000,000 COMBINED SINGLE LIMIT Defense costs not included in face value of the )olicy) In the event of accidents of any kind, Auditor must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 5 II. ADDITIONAL REQUIREMENTS Auditor must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance, then within 10 calendar days after the date the Contract Administrator requests that the Auditor sign the contract documents, the Auditor must provide the Risk Manager with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter signed by the Auditor stating that the certificate of authority to self-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Auditor must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Finance Department, P.O. Box 9277, Corpus Christi, TX 78469-9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or though self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligation incurred by the Auditor will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General and Automobile liability policies and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of non-renewal termination or material change and a 1 O-day written notice of cancellation is required. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(4), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(4) are included or excluded. Audit Services ins. req. 12-5-02 ep Risk Mgrnt. 44 AGENDA MEMORANDUM DATE: December 17, 2002 ITEM: Resolution amending the City Investment Policy to increase maximum amounts allowed in each local government investment pool from $50,000,000 to $65,000,000; allowing for up to a two- day increase in maximum amount upon notification to investment committee; and adopting the Investment Policy as amended. ISSUE: City Council is required to review the Investment Policy on or before December 31st of each year to comply with the Public Funds Investment Act. REQUIRED COUNCIL ACTION: The Public Funds Investment Act requires the governing body to formally adopt any amendments to the City's Investment Policy as well as review the policy on or before December 31 of each year. BACKGROUND INFORMATION: The City's Investment Committee met on December 12, 2002 to review proposed amendments. The City's Investment Committee voted to submit the proposed amendment for adoption by City Council. RECOMMENDATION: The City's Investment Committee recommends amending the City's Investment Policy to increase maximum amount allowed in each local government investment pool from $50,000,000 to $65,000,000; allowing for up to a two-day increase in maximum amount upon notification to investment committee; and adopting the Investment Policy as amended. Lee Ann Dumbauld Director of Financial Services Attachments: Resolution Investment Policy H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy Adoption 12-17-2002.DOC 1 CITY OF CORPUS CHRISTI INVESTMENT POLICY WITH PROPOSED AMENDMENTS TABLE OF CONTENTS Page 1. INTRODUCTION ........................................................................................................................... 2 II. PURPOSE ....................................................................................................................................... 2 II1. DEFINITIONS ................................................................................................................................ 3 IV. INVESTMENT OBJECTIVES ....................................................................................................... 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM TERM ....................................................... 6 VI. INVESTMENT MIX AND STRATEGIES .................................................................................... 9 VII. RESPONSIBILITY AND CONTROLS ....................................................................................... 11 VIII. COMPETITIVE SOLICITATION ................................................................................................ 12 IX. AUTHORIZED INSTITUTIONS ................................................................................................. 13 X. PLEDGED COLLATERAL .......................................................................................................... 13 XI. SAFEKEEPING ............................................................................................................................ 14 XI1. WIRE AND ELECTRONIC SERVICES ...................................................................................... 15 XIII. INFORMATION REPORTING/EVALUATION ......................................................................... 15 XIV. BANKING SERVICES ................................................................................................................. 16 XV. GENERAL PROVISIONS ............................................................................................................ 16 APPENDICES B. C. D. E. F. G. PUBLIC FUNDS INVESTMENT ACT ....................................................................................... 18 LIST OF AUTHORIZED CITY REPRESENTATIVES .............................................................. 29 CITY'S CODE OF ETHICS ORDINANCE ................................................................................. 30 CITY'S INDEMNIFICATION ORDINANCE ............................................................................. 43 WIRE AND ELECTRONIC SERVICES ...................................................................................... 45 INVESTMENT POLICY RESOLUTIONS .................................................................................. 46 RESOLUTION .............................................................................................................................. 49 H:\FIN-DIR~SHARED\CSHMNGT\Investment Policy\Investment Policy 12-2-2002.doc 2 I. INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state, and federal law. Investments shall be made with the primary objective off · Preservation of capital and protection of principal; · Maintenance of sufficient liquidity to meet operating needs; · Security of city funds and investments; · Diversification of investments to minimize risk while maximizing interest earnings; and · Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. 11. PURPOSE A. Authorization This Investment Policy is authorized by the City Council (see Appendix F) in accordance with Chapter 2256, Subchapter A of the Government Code - The Public Funds Investment Act (see the attached and incorporated Appendix A). B. Scope This Investment Policy applies to activities of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Funds Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves and Debt Service, Interfund Transfer and Commemial Paper) In addition to this policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed annually by the City Council on or before December 31 of each calendar year subsequent to its adoption. Amendments must be authorized by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. The written instrument so adopted shall record H:\FIN-DIR\SHARED\CSHMNGTXlnvestment Policy\Investment Policy 12-2-2002.doc any changes made to the Investment Policy. III. DEFINITIONS Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments. Director of Financial Services Designee - Controller or Chief Accountant. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Investment Officers - City Treasurer and Investment Analyst. Investment Portfolio - All City monies being invested under authority of the Investment Officers. Institution - Any firm, bank, bankholding company, broker or dealer who provides quotes for either the purchase or sale of investments. Third Party Safekeeping Institution - Any Institution not affiliated with Institution delivering the Investment. Investment - All authorized Securities listed in Item V. Authorized investments and maximum term investments approved by the Investment Committee include U.S. Treasuries, U.S. Agencies, Repurchase Agreements, Local Government Investment Pool, and Collateralized Certificates of Deposit. Failed Transaction - An Investment, which an Institution fails to deliver the City's Third Party Safekeeping Institution. Collateral - Securities pledged by an Institution to safeguard City assets; the City requires either U.S. Treasuries or U.S. Agencies Securities so that the market values can be readily determined at any point in time. Authorized City Representative - Officers authorized to transact as set out in the attached and incorporated Appendix B on behalf of the City (City Treasurer, Controller, Chief Accountant, and Director of Financial Services). Reserve Funds - Funds designated by Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non-profit corporations that Investment Officers are permitted to invest; includes such entities as the Corpus Christi Health Facilities Development Corporation, Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, and Corpus Christi Crime Control and Prevention District. Authorized Selling Group - Primary dealer and regional firms that have been selected by the underwriter to sell their securities. Each authorized member of a selling group will offer the issue at the price authorized by the governmental agency. H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc 4 Qualified Representative - A person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the roles of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; or (c) For an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool. (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. IV. INVESTMENT OBJECTIVES A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner, which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained by rapidly depositing monies and timing disbursements. Generally, Investments am matched to specific cash flow requirements such as payrolls, debt service payments, and other payables. Liquidity is also achieved by investing in Investments with active secondary markets or in Local Government Pools with stable net asset values. It is imperative that the Investment Portfolio and Excess Cash Balances be protected with sufficient Collateral at 102% of current market values so that monies are available as needed. C. Return on Investments The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this policy described in IV.A and B. Operating Funds - Six-Month Constant Maturity Index Capital Improvement Funds - Three-Month Constant Maturity Index Core Funds - One-Year Constant Maturity Index Special Funds - Three-Month U.S. Treasury Bill Yield However, it must be recognized that during a declining market, satisfying this objective may not be practical until Investments mature and can be re-invested. H:~F1N-DIR\SHARED\CSHMNGT\Investment Policy\Investment Policy 12-2-2002.doc 5 For bond issues to which arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and is employed as a way to control risk. Diversification minimizes the risk to the overall Investment Portfolio of potential losses on individual Securities and enhances the safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: U.S. Treasuries U.S. Government Agencies Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA. Public Funds Investments Pools - through participation agreements; and Certificates of Deposit - through approved local banks. Money Market The City recognizes that investment risks can result from default risk and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment-basis for ail transactions, except investment pool funds and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safekept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM TERM The City of Corpus Christi is authorized to invest in: A. Authorized Investments Obligations of the United States or its agencies and instrumentalities, which currently include: 1. Short-term U.S. Treasuries: Maximum Term a. U.S. Treasury Bills ............................................................. up to 365 days H:XFIN-DIR\SHARED\CSHMNGT\Investment Policy\Investment Policy 12-2-2002.doc 6 *see Section V.B.3. 2. U.S. Agencies: Maximum Term a. Federal Home Loan Bank ....................................................... up to 2 years b. Federal National Mortgage Association ................................. up to 2 years c. Federal Farm Credit ................................................................ up to 2 years d. Federal Home Loan Mortgage Corporation ............................ up to 2 years e. Student Loan Marketing Association ...................................... up to 2 years 3. Repurchase Agreements ........................................................... up to 365 days Repurchase agreements fully collateralized at 102% with a defined maturity date placed with a primary government dealer and safekept at a Third Party Safekeeping Institution, as provided under the provisions of the PSA (Public Securities Association) master repurchase agreement. An executed agreement between the City, primary government dealer and Third Party Safekeeping Institution will be on file before the City will enter into a tri-party repurchase agreement. Weekly monitoring by the City's Investment Officers of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. Reverse repurchase agreements are not a permitted Investment. 4. Local Government Investment Pool ...................................................... daily Investments made on behalf of the City by a public funds investment pool duly created to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio at a $1 net asset value. If the ratio of the market value of the Pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. No more than $50,~00,0~ $65,000,000 may be invested in each local government investment pool at any time. The Director of Financial Services or designee may allow for up to a two-day increase in maximum amounts upon notification to Investment Committee. The public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. 5. Collateralized Certificates of Deposit .......................................... up to I year Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or It:~LEG-DIRLLisa\1000~2002 INVEST policy DOC 7 Secured by obligations that are described by Section V, Subdivision A. 1 (a) through A.2 (e). Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral. (Collateral Mortgage Obligations will not be eligible as Collateral-see X.C.). The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Weighted Average Maturity In order to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, Investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The maximum term for any Investment other than Reserve Funds is three years. The weighted averaged days to maturity shall be less than 365 days for Investments, other than Reserve Funds. 1. Operating Funds The weighted average days to maturity of Investments, other than Reserve Funds, shall be 365 days or less. The Investment Officers will monitor the maturity level and make changes as appropriate. 2. Capital Improvement Funds (Bond Proceeds, Bond Reserves, and Debt Service) The Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, and debt service) shall be determined considering: The anticipated cash flow requirements of the Capital Improvement Funds; and The "temporary period" as defined by Federal tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. Before an Investment can be made of bond proceeds from all bond issues affected by the Tax Reform Act of 1986, a careful yield analysis must be performed to comply with the Tax Reform Act. Also, an annual rebate calculation must be performed to determine if the City is required to rebate interest at the end of each respective bond issue's five-year term. Beginning on the anniversary of the third year for the respective bond issues, all bond proceeds will be yield restricted as required by the Tax Reform Act. 3. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to seven years in U.S. Treasuries: H:\FIN-DIR\SHARED\CSHMNGT\Investment Policy\Investment Policy 12-2-2002.doc 8 Secured by obligations that are described by Section V, Subdivision A. 1 (a) through A.2 (e). Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral. (Collateral Mortgage Obligations will not be eligible as Collateral-see X.C.). The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Weighted Average Maturity In order to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, Investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The maximum term for any Investment other than Reserve Funds is three years. The weighted averaged days to maturity shall be less than 365 days for Investments, other than Reserve Funds. 1. Operating Funds The weighted average days to maturity of Investments, other than Reserve Funds, shall be 365 days or less. The Investment Officers will monitor the maturity level and make changes as appropriate. 2. Capital Improvement Funds (Bond Proceeds, Bond Reserves, and Debt Service) The Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, and debt service) shalI be determined considering: The anticipated cash flow requirements of the Capital Improvement Funds; and The "temporary period" as defined by Federal tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. Before an Investment can be made of bond proceeds from all bond issues affected by the Tax Reform Act of 1986, a careful yield analysis must be performed to comply with the Tax Reform Act. Also, an annual rebate calculation must be performed to determine if the City is required to rebate interest at the end of each respective bond issue's five-year term. Beginning on the anniversary of the third year for the respective bond issues, all bond proceeds will be yield restricted as required by the Tax Reform Act. 3. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to seven years in U.S. Treasuries: H:\FIN-DIR\SHARED\CSHMNGT\Investment Policy\Investment Policy 12-2-2002.doc 8 Maximum Choke Canyon Fund 4050 ......................................................... $2,000,000 Debt Service Fund 2010 ............................................................ $4,000,000 Utility Refunding Fund 4100 .................................................... $5,975,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (I) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments by obtaining this information from the Bloomberg system or the Tele-Rate system, which are made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT MIX AND STRATEGIES A. Investment Mix A minimum of 15% of the total Investment Portfolio shall be held in Investments with maturity dates of 90 days or tess for liquidity. U.S. Treasuries/Agencies may be purchased for longer-term maturities (greater than one year) but shall not exceed 40% of the total Investment Portfolio to preserve liquidity. Daily Investment reports shall specifically address whether stated Investment mix requirements are being met. Unless approved by the Investment Advisory Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies Investment strategies for Operating Funds and Capital Improvement Funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high quality, short-to-medium-term investments which will compliment each other. To pay for anticipated disbursements, investments will be Iaddered to correspond with the projected cash needs of the City. Some Investments are acquired on the short end of the yield curve (90 days or less) to meet immediate cash needs. A fe~v Investments are purchased on the intermediate part of the yield curve (1-3 years) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligations on the required H:~FIN-DIR\SHARED\CSHMNGT\lnvestment PolicyXlnvestment Policy 12~2-2002.doc 9 payment date. Investments purchased shall not have a stated final maturity date that exceeds the debt service payment date. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from investments with a low degree of volatility. In accordance with the bond ordinance specific to an individual bond issue, which sets out the maximum investment term, Investments should be of high quality, with short-to-intermediate-term maturities. Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Investment liquidity. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. The stated final maturity dates of Investments held shall not exceed the estimated project completion date. C. Achieving Investment Return Objectives Investment selection shall be based on legality, appropriateness, liquidity, and risk/return considerations. Monies designated for immediate expenditure should be passively invested. Passive investment provides for: Liquidity to pay upcoming disbursements (payroll, debt service, payments, payables, etc.) 2. Maximizing investment terms under the current budget; and 3. Structuring the Investment Portfolio on a "laddered" basis. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: Active investment provides for: The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are pumhased in anticipation of selling later at the same or lower interest rate, improving the total return during the holding period. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee on a quarterly basis. VII. RESPONSIBILITY AND CONTROLS A. Authority to Invest H:\FIN-DIR\SHARED\CSHMNGT~Investtnent Policy\Investment Policy 12-2-2002.doc 10 The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Director of Financial Services. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. All investments will be approved in writing by the Director of Financial Services or Designee (excluding Investment Officers). The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-I et seq.) or with the State Securities Board to provide for the investment and management of public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. Establishment of Internal Controls The City Treasurer will establish a system of internal controls over the Investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. Prudent Investment Management Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. If liquidation is necessary due to a pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this policy and as provided in 2256.021 of the Government Code. Investment of monies shall be governed by the following investment objectives in order of priority: 1. preservation and safety of principal; 2. liquidity; and 3. yield. The designated Investment Officers shall perform their duties in accordance with the adopted Investment Policy and Procedures set forth in the Investment Procedures Manual. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. The Investment Committee and Officers are indemnified as provided by City Ordinance attached and incorporated as Appendix D. Standards of Ethics The Investment Committee and City Treasurer will comply with the City's Code of Ethics Ordinance attached and incorporated as Appendix C which requires disclosure of financial interests by April of each year. HSFIN-D1R\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc 11 The designated Investment Officers and all members of the Investment Committee shall adhere to the City's Ethics Ordinance. To the extent required by section 2256.005(1) of the Government Code, the Investment Committee and City Treasurer shall make such filings as required by law. E. Training and Education Recognizing that the training and education of Investment Officers contributes to efficient and effective investment management, the City requires its Investment Officers to obtain appropriate professional training. Such training is currently required by, and shall be obtained in accordance with Section 2256.008 of the Government Code Public Funds Investment Act. The Investment Committee approves investment-training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Municipal Treasurers Association Texas Municipal League If the Investment Officer desires to attend an investment-training seminar presented by another organization for training credit, such seminar must be approved by the City Manager or his designee. VIII. COMPETITIVE SOLICITATION Except for repurchase agreements and public funds investment pools, any new issue investment will be purchased through an Authorized Selling Group or directly through the issuer. For any Investment purchased or sold through the secondary market, the City will obtain at least three proposals from Authorized Institutions. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section IV.D. of these guidelines and must submit annual financial reports. IX. AUTHORIZED INSTITUTIONS All institutions who seek to sell an authorized Investment to the City are required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Securities shall only be purchased through those Institutions approved by the Investment Committee. Investments shall only be made with those Institutions who have executed a written instrument in a form acceptable to the City, executed by a Qualified Representative of the Institution, and substantially to the effect that the Institution has: Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of the City's Investment Policy, and; 2. Acknowledged that the Institution has implemented reasonable procedures H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc 12 and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by the City's Investment Policy. Investments shall only be made with those Institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The City Treasurer will request the Investment Committee to authorize deletion of Institutions for: Slow response time; Less than competitive pricing; Little or no information on technical or fundamental expectations based on economic indicators; Failed transactions or continuing operational difficulties; or Unwillingness to continue to abide the provisions listed in IX.A.; or Other reasons as approved by the Investment Committee. X. PLEDGED COLLATERAL The market value of pledged Collateral must be at least 102% of the principal plus accrued interest for Excess Cash Balances, certificates of deposit, and repurchase agreements. Evidence of proper collateralization in the form of original safekeeping receipts held at a Third Party Safekeeping Institution not affiliated with the Institution pledging the Collateral will be approved by the City Treasurer and will be maintained in the City's Treasurer Office. An authorized City Representative (See Appendix B) will approve and release all pledged collateral. A. Collateral Substitution Collateralized Investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. B. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. C. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XI. SAFEKEEPING H:~FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc 13 A. Third Party Safekeeping Agreement The City shall contract with a Bank or Banks for the safekeeping of Securities either owned by the City as a part of its Investment Portfolio or held as Collateral to secure certificates of deposit, repurchase agreements, or Excess Cash Balances. B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third-Party Safekeeping Institution with which the City has established a third-party safekeeping agreement. XII. WIRE AND ELECTRONIC SERVICES Wire and electronic services are to be provided as referenced in the City's Depository Services agreement, portions of which are attached and incorporated as Appendix E. The City requests applications for depository services every three to five years. XllI. INFORMATION REPORTING/EVALUATION The City Treasurer and Investment Analyst are hereby designated as the Investment Officers and are responsible for the daily operation of the Investment program and will report to the Investment Committee on a quarterly basis. A. Investment Committee Consists of: City Manager Deputy City Manager Assistant City Managers Director of Financial Services City Attorney Director of Management and Budget The Investment Committee will be responsible for monitoring, reviewing, and making recommendations regarding the City's Investment program to the City Council. Reports will be provided to the City Council by the Investment Officers no less than quarterly, as required by the Public Funds Investment Act. B. Internal Reporting/Evaluation The following reports are to be submitted on a: Daily basis to the Director of Financial Services or Designee (Excluding Investment Officers): H:\FIN-DIR\SHARED\CSHMNG%Investment Policy\Investment Policy 12-2-2002.doc 14 Cash Position by Bank Account Collateral Position Investment Portfolio (Including Purchases/Maturities) 2. Quarterly Reporting to Investment Committee and City Council. Executive Summary Schedules g. h. i. j. k. p. q. t. Combined Investment Report of Market Versus Book Values Combined Portfolio Composition Individual Portfolio Composition Cash and Equivalents U.S. Treasuries Investments Greater than One Year Combined Summary of Investment Transactions Combined Summary of Portfolio Activity Combined Investment Portfolio - Weighted Average Maturity Income Received from Investments Combined Analysis of Gains on Sale of Securities Aggregate Activity per Broker Analysis of Excess Coverage Comparison of Investment Returns to Benchmarks Combined Summary of Investment Transactions - Lake Texana Summary of Portfolio Activity - Lake Texana Project Weighted Average Maturity - Lake Texana Project Trade Journal Trade Journal Approved Institutional Brokers Glossary Compliance Statement Quarterly Investment Committee Meeting Agenda and Minutes Project C. External Reporting/Evaluations On a quarterly basis, the City's main depository and all applicable Institutions providing certificates of deposit in excess of FDIC coverage will provide to the Investment Officer for review a copy of the balance sheet and income statement for the Call Report. All Institutions will provide annual audited financial statements. Any local government investment pools must provide reports and disclosure statements as required by the Pubtic Funds Investment Act. D. Record Retention The City follows the guidelines of retaining records for seven years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc l 5 such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XV. GENERAL PROVISIONS Ao Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts, the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached and incorporated as Appendix F "Investment Policy Resolutions."APPENDIX A H:\FIN-D1R\SHARED\CSHMNGT~Investmcnt Policy\Investment Policy 12-2-2002.doc 16 CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITLES § 2256.001. Short Title This chapter may be cited as the Public Funds Investment Act. Amended by Acts 1995, 74th Leg., ch. 402, § I, elf. Sept. 1, 1995. § 2256.002. Definitions In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the roles of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 801~1 et seq.) or, if not subject to registration under that Act, registered with the State Securities H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc [ 7 Board, a person who is an officer or principal of the investment management firm. (11) "School district" means a public school district. (12) "Separately invested asset" means an account or fund ora state agency or local government that is not invested in a pooled fund group. (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state govemment, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 1, elf. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 1, eff. Sept. 1, 1999. § 2256.003. Authority to Invest Funds; Entities Subject to This Chapter (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalfofa local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, § 2, eff. Sept. 1, 1999. § 2256.004. Applicability (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May l, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms o£use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, § 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, § 2, elf. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 8.21, elf. Sept. 1, 1999; Acts I999, 76th Leg., ch. 1454, § 3, elf. Sept. 1, 1999. § 2256.005. Investment Policies; Investment Strategies; Investment Officer (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; HSFIN-D1R\SHARED\CSHMNGT\Investment Policy\Investment Policy 12-2-2002.doc 1 8 (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar-weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; and (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 685, § 1 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (0 for another local government. Text ofsubsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, § 3 (h) An officer or employee ofa cormnission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization H:\FIN-DIR\SHARED\CSHMNGT\Investment Policy\Investment Policy 12-2-2002 doc 19 offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. (j) The goveming body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this subsection, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (1) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a private auditor employed in the manner provided by Section 321.020. Not later than January I of each even- numbered year, a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. A state agency also shall report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets ora state agency that are invested by the comptroller under Section 404.024. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 4, elf. Sept. 1, 1999. § 2256.006. Standard of Care (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for H:\FIN-D1R\SHARED\CSHMNGT~InvestmenI Policy\Investment Policy 12-2-2002.doc 20 speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995. § 2256.007. Investment Training; State Agency Board Members and Officers (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months alter taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once in a two-year period and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature. Amended by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 73, § l, eff. May 9, 1997; Acts 1997, 75th Leg., ch. 1421, § 4, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 5, eff. Sept. 1, 1999. § 2256.008. Investment Training; Local Governments (a) Except as provided by Subsection (b), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local govemment and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsection (b), attend an investment training session not less than once in a two- year period and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (b) An investing entity created under authority of Section 52(b), Article 111, or Section 59, Article XV1, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002 doc employer or the sponsoring or organizing entity of a training program or seminar. Amended by Acts 1995, 74th Leg., ch. 402, § l, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 6, eft. Sept. 1, 1999. § 2256.009. Authorized Investments: Obligations of, or Guaranteed by Governmental Entities (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage- backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, § 7, elf. Sept. 1, 1999. § 2256.010. Authorized Investments: Certificates of Deposit and Share Certificates A certificate of deposit is an authorized investment under this subchapter if the certificate is issued by a state or national bank domiciled in this state, a savings bank domiciled in this state, or a state or federal credit union domiciled in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. Amended by Acts 1995, 74th Leg., ch. 32, § 1, eff. April 28, 1995; Acts 1995, 74th Leg., ch. 402, § 1, cfr. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 6, eff. Sept. 1, 1997. § 2256.011. Authorized Investments: Repurchase Agreements (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. H:\FIN-DIR\SHARED~CSHMNGT~lnvestment Policy\Investment Policy 12-2-2002.doc 22 (c) Notwithstanding any other law, the term of any reverse security repumhase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Amended by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995. § 2256.012. Authorized Investments: Banker's Acceptances A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short- term obligations of the bank, or ora bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-I or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995. § 2256.013. Authorized Investments: Commercial Paper Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-I or ~1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995. § 2256.014. Authorized Investments: Mutual Funds (a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a- l et seq.); (3) has a dollar-weighted average stated maturity of 90 days or fewer; and (4) includes in its investment objectives the maintenance ora stable net asset value orS1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. H:\FIN-DIR\SHARED\CSHMNGT\lnvestment Policy\Investment Policy 12-2-2002.doc 23 Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 8, eft. Sept. 1, 1999. § 2256.015. Authorized Investments: Guaranteed Investment Contracts (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authohze guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, §§ 9, 10, elf. Sept. 1, 1999. § 2256.016. Authorized Investments: Investment Pools (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by role, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc 24 (12) the performance history of the pool, including yield, average dollar-weighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and pementage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number ofp~rticipants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 9, elf. Sept. 1, 1997. § 2256.017. Existing Investments An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch. 76, § 5.46(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, § 10, eff. Sept. 1, 1997. § 2256.019. Rating of Certain Investment Pools A public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Added by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, § 11, elf. Sept. 1, 1997. § 2256.020. Authorized Investments: Institutions of Higher Education In addition to the authorized investments permitted by this subchapter, an institution of higher education may H:\FIN-D1R\SHARED\CSHMNGT~Investment Policy\Investment Po[icy 12-2-2002.doc 25 purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(0, Intemal Revenue Code of 1986 (26 U.S.C. Section 501(0); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commemial paper rating of at least A-l, P-l, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.0201. Authorized Investments; Municipal Utility (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The goveming body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, and electric energy futures or options or similar contracts on those commodity futures as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg., ch. 405, § 48, elf. Sept. 1, 1999. § 2256.021. Effect of Loss of Required Rating An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995. § 2256.022. Expansion of Investment Authority Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor. Added by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995. § 2256.023. Internal Management Reports (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) additions and changes to the market value during the period; (C) ending market value for the period; and (D) fully accrued interest for the reporting period; H:\FIN-DIR\SHAREDXCSHMNGTXlnvestment Policy\Investment Policy 12-2-2002.doc 26 (5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, § 12, elf. Sept. 1, 1997. § 2256.024. Subchapter Cumulative (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009(b) are autlSorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402, § 1, elf. Sept. 1, 1995. § 2256.025. Selection of Authorized Brokers The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg., ch. 1421, § 13, elf. Sept. 1, 1997. § 2256.026. Statutory Compliance All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. Added by Acts 1997, 75th Leg., ch. 1421, § 13, eff. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS § 2256.051. Electronic Funds Transfer Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995. § 2256.052. Private Auditor Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995. § 2256.053. Payment for Securities Purchased by State The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investment Policy 12-2-2002.doc 27 authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, § 8.67, eff. Sept. 1, 1997. § 2256.054. Delivery of Securities Purchased by State A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, § 8.68, eft. Sept. 1, 1997. § 2256.055. Deposit of Securities Purchased by State At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, § 8.69, eff. Sept. l, 1997. H:\FIN-DIR\SHARED\CSHMNGT~Investment Policy\Investmenl Policy 12-2-2002.doc 28 RESOLUTION AMENDING THE CITY INVESTMENT POLICY TO INCREASE MAXIMUM AMOUNTS ALLOWED IN LOCAL GOVERNMENT INVESTMENT POOLS FROM $50,000,000 TO $65,000,000; ALLOWING FOR UP TO A TWO-DAY INCREASE IN MAXIMUM AMOUNT UPON NOTIFICATION TO INVESTMENT COMMITTEE; AND ADOPTING THE INVESTMENT POLICY AS AMENDED WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; amended in Resolution No. 022980 on July 8, 1997; amended October 27, 1998; amended in Resolution No. 023864 on December 14, 1999; amended in Resolution No. 024208 on September 12, 2000; and amended in Resolution No. 024679 on December 11, 2001; WHEREAS, The City of Corpus Christi Investment Committee reviewed the proposed amendments to the Investment Policy identified herein and recommends that the City Council amend the City Investment Policy; WHEREAS, as provided in Section II. C of the Investment Policy, the City Council must review the Investment Policy on or before December 31 of each year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section V. A. 4 of the City Investment Policy is hereby amended to increase maximum amount allowed in each local government investment pool from $50,000,000 to $65,000,000, and to allow for up to a two-day increase in maximum amount upon notification to Investment Committee. A copy of the amended City Investment Policy is attached and incorporated as an Exhibit. The City Investment Policy is reviewed and adopted as amended. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved this I~.- day of ~c.~-~l~., 2002 Lisa Aguilar ~ Assistant City Attorney Samuel L. Neal, Jr. Mayor James R. Bray, Jr., City Attorney 45 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: December 17, 2002 AGENDA ITEM: Ordinance approving assignment of the "Lease Agreement" (Ordinance No. 022967) to WD Sports Texas, Inc.; providing for severance; providing for publication; and declaring an emergency. ISSUE: A five-year lease agreement ("Lease") was executed with the Corpus Christi Hockey Club, Inc. ("Club"), a franchise holder in the Western Professional Hockey League ("WPHL"), on August 24, 1997, for purposes of conducting hockey games in the Memorial Coliseum. The Lease provides an optional five-year term that was duly exercised by the Club. The Lease also contains a Conditional Assignment (Exhibit C) which allows the WPHL to take possession of the leased premises in the event of a default in the franchise agreement between the Club and the WPHL. The WPHL has provided information that they have exercised their default rights. Pursuant to the pro- visions of the Conditional Assignment, the WPHL reserves the right to place a new franchise holder in the Coliseum under the terms of the existing Lease, subject to the City's satisfaction that (1) all payments owing under the Lease have been paid in full and (2) financial and professional experience requirements of the new franchise holder have been met. The new franchise holder, WD Sports Texas, Inc., has remitted the outstanding amount due under the Lease, WPHL has submitted the necessary docu- mentation on WD Sports Texas, Inc., and both parties seek the City's consent to the assignment of the Lease to WD Sports Texas, Inc. Staff is satisfied that all amounts due under the Lease are now current and that the financial and professional experience requirements have been met. PRIOR COUNCIL ACTION: Approval of the Lease Agreement on June 24, 1997. REQUIRED COUNCIL ACTION: An ordinance must be passed to approve assignment of the Lease Agreement, pursuant to the City Charter, to WD Sports Texas, Inc., to allow the corporation to assume all existing obligations and duties under the Lease Agreement. RECOMMENDATION: The staff recommends that the City Council pass the ordinance approving the assignment of the Lease Agreement. ~N°M~nager ADDITIONAL SUPPORT MATERIAL Information on WD Sports Texas, Inc. X U~C.~L. LUUL o;oo~ No.6457 December 12, 2002 Mr. George K. Nee Deputy City Manager Cily of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Conditional Assignment of Arena Lease between City of Corpus Christ ("City"), Corpus Christi Professional Hockey Club, Inc. ("Hockey") and the Western Professional Hockey League, Inc. ("WPHL ") dated June 24, 1997 Dear Mx. Nee: Please be advised that effective December 9, 2002, the Western Professional Hockey League, Inc., currently doing business as the Central Hockey League ("CHL"), has terminated the franchise license agreement betwee~ the WPHL and the Corpus Christi Hockey Partnership, Ltd. As a result, the CHL herein requests that the City of Corpus Christi agree to assign the Arena Lease Agreement, made effective on August 4, 1997, to WD Sports Texas, Inc. WI) Sports Texas, Inc., has been approved as a qualified franchise owner for the Corpus Christ franchise of the Central Hockey League effective December 10, 2002 as evidenced by the following. Mr. Doug Frank, the principal in WI) Spor~s Texas, Inc., for the past two seasons has owned and operated the New Mexico Scorpions franchise of the CHL and has been an exemplary member throughout that period. The New Mexico Scorpions franchise ranked fifth, out of sixteen teams, last season in overall attendance averaging 4230 fans per game. During the 2001-2002 ClZfL season, the New Mexico Scorpions were nominated for "Franchise of the Year" because of the excellence they demonstrated in managing their business. In addition, the Scorpion's franchise was awarded the" Team Marketing Award of the Year" for the efforts they demonstrated within their market area at positioning their franchise in the community. Mr. Frank has posted the required $300,000.00 letter of credix with the Central Hockey League for the 2002 - 2003 season. Mr. Frank has the financial capability that exceeds league requirements. 5111 No~th Scotfsdale Road, SuNo 108 . ScoRsdale, Arizona 85250 Telephone: (480) 094-0772 , Fax: (480) 994-0759 www. globalontertainmenl2OOO, com P. 1/2 Mr. Frank and WD Sports Texas, Inc., are prepared to pay the current outstanding obligations that remain with the City of Corpus Christi from the previous ownership entity. Mr. Frank is a resident of Port Aransas, Texas and has several businesses in thc community. Mr. Frank has demonstrated his commitment to the market and thc franchise by showing his ability to properly capitalize the Corpus Christi franchise for the current season and the balance of the license agreement. I trust you and the City of Corpus Christi will look favorably upon our request for tlae assignment of the lease agreement, as we ate confident in the capabilities of WD Sports Texas, Irm. to make this franchise the pride of the Central Hockey League. Sincerely, Rick Kozuback President and CEO c.c. Ms. Elizabeth Hunley, City of Corpus Christi Legal Department Mr. Duncan Neblett, Esq. Mr. Scott Rose, Esq., Jenkens and Gilchrist AN ORDINANCE APPROVING ASSIGNMENT OF THE "LEASE AGREEMENT" (ORDI- NANCE NO. 022967) TO WD SPORTS TEXAS, INC.; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, on June 24, 1997, the City Council approved, by Ordinance No. 022967, the "Lease Agreement" ("Lease") with the Corpus Christi Hockey Club, Inc., a franchise holder in the Western Professional Hockey League ("WPHL"), and the Lease was duly executed; WHEREAS, the Corpus Christi Hockey Club, Inc., has been removed as a fran- chise holder by the WPHL; and, WHEREAS, the WPHL, pursuant to the their franchise agreement with the Cor- pus Christi Hockey Club, Inc., and pursuant to the Conditional Assignment provisions of the Lease (Exhibit C), has requested that the City Council approve assignment of the Lease to WD Sports Texas, Inc., a Texas corporation, as the new franchise holder and tenant, and WD Sports Texas, Inc., joins in the request. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The assignment of the Lease with Corpus Christi Hockey Club, Inc., to WD Sports Texas, Inc., is approved; provided that all terms and conditions of the Lease shall remain in full force and effect and that WD Sports Texas, Inc., shall assume full responsibil- ity for Corpus Christi Hockey Club's obligations contained in the Lease. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. 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 ac- tion necessary for the efficient and effective administration of City affairs and (2) sus- pends 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 the day of ,2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the /c~~'~ day of James R. Bray, City Attorney By: Elizabeth. Hundley, ~,ssis~ant City Atto(~.~ ,2002. 46 AGENDA MEMORANDUM DATE: December 17, 2002 SUBJECT: Street Resurfacing South Staples Street - Gollihar Road to Williams Ddve Bond Issue 2000 Project No. C-5 AGENDAITEM: An ordinance appropriating $720,645 from the unappropriated interest earnings from the 2001 Street Capital Improvement Bond Fund No. 3540 into Fund No. 3540 (Project No. 200350) for the South Staples Street Resurfacing project from Gollihar Road to Williams Drive. Motion authorizing the City Manager, or his designee, to execute a construction contract with IHS Construction, Inc. of Corpus Christi, Texas, in the amount of $1,772,146.99 for Street Resurfacing on South Staples Street from Gollihar Road to Williams Drive. (Bond Issue 2000) ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package under Proposition No. 1 Street Improvements. This construction contract is necessary to complete the work. FUNDING: Funds for this project are available in the FY 2001-2002 Street and Utility Capital Improvement Budgets. RECOMMENDATION: Staff recommends approval of the motion as presented. 'Angel R. Escobar, P.E., ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tab Exhibit "C" Project Budget Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Street Resurfacing South Staples Street - Gollihar Road to Williams Drive Bond Issue 2000 Project No, C-5 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; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. April 24, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $292,605 with Goldston Engineering, Inc. for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) · South Staples Street (Gollihar Road to Williams Drive) (M2001-161) 3. January 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget for $152,674,800. (Ordinance No. 024730) 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 amhitectural 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 amhitectural 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 amhitectural and engineering firms. 3. February 4, 2002 - Administrative Approval of Amendment No. 1 to an engineering services contract with Goldston Engineering, Inc. in the amount of $7,380 for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) · South Staples Street (Gollihar Road to Williams Drive) 4. May 06, 2002 - Administrative Approval of Amendment No. 2 to an engineering services contract with Goldston Engineering, Inc. for a no cost contract amendment for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) · South Staples Street (Gollihar Road to Williams Drive) EXHIBIT "A" Page 1 of 3 May 13, 2002 - Administrative Approval of Amendment No. 3 to an engineering services contract with Goldston Engineering, Inc. in the amount of $3,940 for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) · South Staples Street (Gollihar Road to Williams Drive) FUTURE COUNCIL ACTION: None PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: This category of street improvements includes the repair of base failures, minor curb and gutter replacement, level up course where necessary, approximately 2-inch overlays, and lane stripping and markings, ADA compliance regarding ramps and crosswalks. Minor utility adjustments will be completed. BID INFORMATION: The project consist of a base bid and one additive alternate. The City received proposals from three (3) bidders on April 10, 2002. (See Exhibit "B") The bids ranged from: Base Bid: $1,772,146.99 to $2,464,483.10 Add Atl No1: $ 88,986.50 to 92,437.50 The Engineer's estimated construction cost for the project (base bid only) is $1,320,000. IHS Construction, Inc. of Corpus Christi, Texas was the lowest responsive bidder. The City's Consultant, Goldston Engineering, Inc. and city staff, recommend that based on Iow bid and past satisfactory experience a construction contract be awarded to IHS Construction, Inc., in the amount of $1,772,146.99 Street Resurfacing on Staples Street from Gollihar Road to Williams Drive for the base bid only. The original scope for this project included only a street overlay. Between the November 2000 Bond Election and time of bid, numerous base failures in this section of street developed which need to be corrected before the overlay can be constructed. The engineer's cost estimate was based on prices bid for the Weber, Alameda, Santa Fe project; however, due to rising costs the unit prices for this project came in considerably higher. EXHIBIT "A" Page 2 of 3 This project will be scheduled to avoid any conflicts with major Mall holiday shopping pedods, to expedite construction and eliminate citizen inconvenience. Project scheduling will include a traffic control plan to permit continuous traffic flow during construction. CONTRACT TERMS: The contract specifies that the project will be completed in 272 calendar days, with completion anticipated by the end of October 2003 prior to the beginning of the holiday shopping season. EXHIBIT "A" Page 3 of 3 Tabulation at Bas DepaMront of Engineering SwIces • City of Corpus Christi, TX Tabulated By: Joseph M. Sauve Jr., P.E. Goldston Engineering Bid OoenBw Data nes$ Engineers Estlmats: E 1 320 000.00 BHfapblgn.als Page 1 012 ay. BOND ISSUE 2000 PROJECT C-5 STAPLES ST. - GOLLIHAR/AUTOTOWN TO WILLIAMS DRIVE oles IHS Construction, Inc. P.O. Boa 8354 C Haas -Anderson Corso., Ltd. P.O. Bos 7882 Bay, Ltd. 1414 Com Products Rd. RamDoscrhmm L2g= Unit Unit Price AmouM Unit PriceAmourd Unit Price Amount Unit Price I Amourd Unit Prlea I Amount Base Bid ART A - STREET WORK Al STREET EXCAVATION 36,221 BY $ 4.00 $ 144,884.00 $ 7.10 S 257,169.10 $ 9.50 S 344,099.50 A2 ASPHALTIC CONCRETE E D)(2") 5.737 TON $ 51.00 $ 292,587.00 $ 46.75 $ 268 204.75 $ 55.00 $ 315,535.00 A3 ASPHALTIC CONCRETE 8)(3') 5,921 TON S 5250 $ 310852.50 $ 49.75 $ 294,569.75 $ 73.00 $ 432,233.00 A4 LIMESTONE FLEXIBLE BASE 12• 35,884 BY IS 13.45 $ 482639.80 $ 13.75 $ 493405.00 $ 20.00 $ 717680.00 A5 LIMESTONE FL BS9.5• UNDER&BEHIND CSG 337 SV 1 $ 16.00 $ 5,392.00 E 28.00 S 9,436.00 $ 14.00 E 4718.00 A6 GEOGRID FABRIC 3@,221 BY S 2.04 $ 73890.84 $ 2.60 E 94,174.60 $ 2.50 S 90.552.50 A7 ASPHALT MC -30 7,969 GAL S 2B6 $ 21197.54 IS 1.60 E 12750.40 $ 4.50 $ 35.860.60 AS iTACK COAT 2,608 GAL E 5.70 $ 14,865.60 $ 325 E 8476.00 $ 3.80 E 9,910.40 A9 PLANE ASPH CONC PAVEMENT 0•-1• 29,312 BY $ 0.82 S 24,035.64 $ 0.85 $ 24,915.20 $ 0.60 $ 17,58720 A10 TY B HEADER CURB 605 LF $ 12.75 $ 7,713.75 $ 1520 S 9,196.00 $ 13.00 E 7,865.00 All CONCRETE SIDEWALK 3,849 SF $ 13.00 $ 50037.00 $ 6.00 $ 23094.00 $ 12.00 $ 46,188.00 Al2 REMOVE CONCRETE SIDEWALK 73 SF S 23.01 $ 1679.73 $ 20.50 $ 1,496.50 S 18.00 $ 1314.00 A13 CONCRETE DRIVEWAY 1,309 SF $ 525 $ 6,872.25 $ 15.75 E 20.616.75 S 7.00 $ 9163.00 A14 CURB RAMPS 2,979 SF $ 9.74 S 29,01546 $ 20.00 $ 59,580.00 $ 12.00 $ 35,748.00 A15 CURB INLET SILT FENCE 40 EA $ 180.11 S 7,204.40 $ 117.00 $ 4,653,00 $ 107.00 $ 4,280.00 A16 OZONE ADVISORY DAY 2 DAV S 98443 $ 1,968.86 $ 2000.00 $ 4,000.00 $ 1,900.00 It 3,800.00 A17 TEMPORARY TRAFFIC CONTROLS 1 LS $6.000.00 $ 60,000.00 $101,992.19 $ 101992.19 $85,000.00 $ 85000.00 A18 RAISED PAV MRKR REFL TV I -C 175 EA $ 1941 $ 689.50 $ 4.10 S 717.50 $ 4.00 $ 700.00 A19 RAISED PAV MRKR REFL TV II -A -A 475 EA E 394 S 1,871.50 $ 4.10 $ 1,947.50 $ 4.00 S 1 9DO.00 A20 IREFL PAV MRK CC (THERMAL PLAST12' 2,200 LF S 5.25 $ 11,550.00 $ 5.50 $ 12100.00 $ 5.00 $ 11,000.00 A21 IREFL PAV MRK(THERMAL PLASTIC 24• 3.000 LF $ 10.50 i $ 31,500.00 E 11.00 $ 33 000.00 $ 11.00 $ 33,000.00 A22 REFL PAV MRK(THERMAL PLASTIC)(4-NM 3,560 LF S 0.38 S 1,349.00 $ 0.40 E 1,420.00 $ 0.40 $ 1,420.00 A23 REFL PAV MRK(THERMAL PLASTIC 4• 15,100 LF $ 0.38 $ 5,738.00 E 0.40 S 6,040.00 $ 0.40 E 6,040.00 A24 REFL PAV MRK (THERMAL PLASTIC 8' 3,000 LF $ 2.63 $ 7,890.00 $ 1.30 $ 3,900.00 $ 1.30 $ 3,900.00 A25 REFL PAV MRK SYMBOL HRM PLAST ONLY 18 EA $ 131.26 $ 2362.68 E 140.00 $ 2,520.W $ 134.00 $ 2 412.00 A26 REFL PAV MRK SYMBOL RM PIAS LT ARROW,18 EA $ 98.44 $ 1,771,92 $ 102.00 $ 1 83690 $ 100.00 $ 1 500.00 A27 REFL PAV MRK SYMBOL (THRM PLASTXWI(RT ARROW13 EA $ 96.44 $ 1,279.72 $ 102.00 E 1326.00 $ 100.00 $ 1 300.00 TOTAL PART A (A1 • A27) S 1 60.838.89 $ 1,752,11113.2"4 $ 2.225 006.10 PART B - RTA WORK Bt CONCRETE BUS PAD 14 EA S 7,463.72 S 104492.08 $ 7,000.00 $ 98000.00 $10,700.00 $ 149 SDO.00 TOTAL PART B (Bi) $ 104,492.08 S 98,000.00 E 149,800.00 PART C - STORM WATER WORK Cl 6• STANDARD CURB AND GUTTER 757 LF $ 10.71 $ 810].47 S 15.00 $ 11,355.0 $ 20.00 S 15140.00 C2 REMOVE CONCRETE CURB AND GUTTER 757 LF $ 9.98 $ 7,554.85 $ 4.75 $ 3595.75 $ 11.00 $ 8327.00 C3 STANDARD 5' CURB INLET 2 EA $ 2657.68 $ 5,315.36 $ 2,500.00 $ 5,000.00 $ 2,200.00 S 4,400.00 C4 15• RCP CL 3 6 LF $ 55.84 $ 341.04 $ 56.00 $ 336.00 S 145.00 $ 870.00 C5 ADJUST MANHOLE 21 EA $ 364.98 $ 7,664.58 $ 550.00 $ 11,550.00 $ 1,400.00 $ 29400.00 C6 TEMPORARY TRAFFIC CONTROLS 1 IS $12,311.87 S 12,311.87 $ 1,400.00 $ 1,400.00 $ 5,850.00 S 5.600.00 TOTAL PART (C1-C6) $ 41,295.18 $ 33,236.75 $ 63.737.00 PART .• WASTEWATER WORK D1 ADJUST MANHOLE 4 EA IS 363.75 $ 1455.0 $ 550.00 S 2200.0 $ 1,400.00 $ 5,600.00 D2 TEMPORARY TRAFFIC CONTROLS 1 IS $12,311.87 S 12,311.87 E 1,400.00 $ 1,400.00 E 2,000.00 $ 2.000.00 TOTAL PART D (D1 .02) $ 13,766.87 $ 3,600.00 E 7 600.00 PART E - WATER WORK Et ADJUST VALVE 28 EA $ 199.93 $ 5,598.04 $ 400.00 $ 11200.00 $ 530.00 $ 14,840.00 E2 TEMPORARY TRAFFIC CONTROLS 1 LS $ 6,155.93 E 6,155.93 $ 1,400.00 S1.40[1.00 $ 3,500.00 $ 3500.00 TOTAL PART E (E1 • E2) $ 11 753.97 S 12 600.00 $ 18,340.00 TOTAL BASE BID (PARTS A. B. C. D. & EI $1,772,146.99 $ 1,899,999.99 $ 2.464,483.10 BHfapblgn.als Page 1 012 ERROR INADDITION - TOTAL SNOMMS BEEN CORRECTED 9aroaaai xls Page 2 alt BOND ISSUE 2000 PROJECT C-5 STAPLES ST. - GOLLINMUAUTOTOWN TO WILLIAMS DRIVE P� Number 6146 INS ComOvekon, Im. P.O. Box 8331 Was-AMemon Com V.. LM. P.O. Box 7682 Bay, LM. 1414 Com Produ Rd. Xsm Ona Inn UMI Prks Amount UnN Prks Amount Unk Pyla Amount UnN PNp Amount Atl011Ws ArH leA Mu" A28 PREFAB PAV MRK 4' 3 550 LF S 3.61 S 12 815.50 S 3.75 S 13 312.50 A29 PREFAB PAV MRK P 15100 LF S 361 S 5451100 S 3.75 S 56625.00 0PREFAB PAV MRK I8"WM 3,000 LF S 722 f 21,660.00 f 7.50 22,500.000 T AkA 1 1 f 88.986.50 f 82,437.50 $ 90.005.00 TOTAL BASE & ,,m an ffEmi f 1861,133.49 $ 1992,437.49 2551188.10 ERROR INADDITION - TOTAL SNOMMS BEEN CORRECTED 9aroaaai xls Page 2 alt PROJECT BUDGET BOND ISSUE 2000 PROJECT C-5 STREET RESURFACING STAPLES STREET - PARADE TO OCEAN DRIVE (Project No. 6144) December 17, 2002 FUNDS AVAILABLE: Staples Street Streets ............................................................... $1,957,745.00 Streets (RTA) ...................................................... 104,492.08 Water ................................................................ 14,750.00 Storm Water ....................................................... 66,800.00 Wastewater ........................................................ 18,000.00 Total .............................................................................................. $ 2,161,787.08 FUNDS REQUIRED: Construction (IHS Construction, Inc.) Stapes Street ......................................................... $1,600,838.89 Stapes Street (RTA) ................................................. 104,492.08 Staples Storm Water ................................................ 41,295.18 Staples Wastewater ................................................. 13,766.87 Staples Water ......................................................... 11,753.97 Staples Construction Total ............................................................... $ Contingencies ................................................................................. Consultant (Goldston Engineering) ....................................................... Project Management (Jim Lontos) ........................................................ Project Management (Phil Boehk) ........................................................ Bond Issuance Expense .................................................................... Administrative Reimbursements .......................................................... Engineering Reimbursements .............................................................. Testing ........................................................................................... Printing, Advertising, etc ..................................................................... Total .............................................................................................. 1,772,146.99 145,485.09 137,538.00 7,350.00 7,500.00 18,267.00 10,000.00 35,000.00 25,000.00 3,500.00 $2,161 ~787.08 EXHIBIT Page 1 of File : \Mproject\BONDissue\projectscouncilexh\C-5-projects.dwg NUECES BAY N iH 37 CORPUS CHRIST BAY STAPLES ST. (#6 45) F.M. 43 CAYO DEL FM 2444 PROJECT # 6145 LOCATION I~IAP NOT TO SCALE EXHIBIT "D" BOND ISSUE 2000 PROJECT C-5 STREET RESURFACING: SOUTH STAPLES ST from GOLLIHAR to WILLIAMS DR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 12-12-2002 ORDINANCE APPROPRIATING $720,645 IN INTEREST EARNINGS FROM THE 2001 STREET CAPITAL IMPROVEMENT BOND FUND NO. 3540 INTO FUND NO. 3540 (PROJECT NO. 200350) FOR THE SOUTH STAPLES STREET RESURFACING PROJECT FROM GOLLIHAR ROAD TO WILLIAMS DRIVE; AMENDING ORDINANCE NO. 024730 WHICH ADOPTED THE FY 2001-2002 CAPITAL BUDGET BY INCREASING APPROPRIATIONS BY $720,645; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $720,645 in interest earnings from the 2001 Street Capital Improvement Bond Fund No. 3540 is appropriated into Fund No. 3540 (Project No. 200350) for the South Staples Street Resurfacing Project from Gollihar Road to Williams Drive. SECTION 2. That Ordinance No. 024730 which adopted the FY 2001-2002 Capital Budget is amended by increasing appropriations by $720,645. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor _, 2002 By: Lisa Aguilar Assistant City Attorney 47 AGENDA MEMORANDUM DATE: December 17, 2002 SUBJECT: Padre Island Desalination Facility (Project No. 8423) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Carollo Engineers, P.C., in the amount of $743,470 for the Padre Island Desalination Facility (Project No. 8423) ISSUE:. Potable water service on Padre Island will be greatly improved by the addition of desalination and storage facilities to meet the increasing water demands of this service area. This contract will provide for a Technical Engineering Assessment and upon approval will proceed into a Demonstration Project for construction of treatment and storage facilities. FUNDING: Funds for this project are available in the FY 2001-2002 Water Supply Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Eduardo Garafia, P.E., Director of Water Services / '~g~R. Escobar, P.E., ' ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B' Preliminary Project Schedule Exhibit "C" Contract Summary Exhibit "D" PowerPoint Presentation AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Padre Island Desalination Facility (Project No. 8423) PRIOR COUNCIL ACTION: 1. January 15, 2002 -Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730). 2. December 10, 2002 - First Reading of the Ordinance approving the FY 2002 - 2003 Capital Improvement Budget. PRIOR ADMINISTRATIVE ACTION: 1. September 17, 2001 - Distribution of Request For Proposals (RFP) No. 2001-07 (Padre Island Desalination Plant Feasibility Analysis and Siting Plant)to 136 engineering firms (47 local and 89 out-of-town). 2. October 22 2001 - Addendum No. 1 to the Request For Proposals (RFP) No. 2001-07 (Padre Island Desalination Plant Feasibility Analysis and Siting Plant) to 136 engineering firms (47 local and 89 out-of-town). FUTURE COUNCIL ACTION: Approval of: · An A/E amendment for Stage two design services, · A construction contract to complete the demonstration project as required · Approval for additional design and construction contracts for the Full Production Project. PROJECT BACKGROUND: CONSULTANT SELECTION: Eight proposals were received for consideration for the award of an A/E agreement for the Padre Island Desalination Plant Feasibility Analysis and Siting Plant project. Three proposals were reviewed for further consideration and Carollo Engineers, P.C., was selected as the firm with the proposal most advantageous to the City. Sub-contractors to Carollo Engineers are: · Smith, Russo & Mercer · LBG-Guyton Associates · Shiner Moseley & Associates · Olivarri & Associates WATER SOURCES: The City of Corpus Christi supplies all drinking water used on Padre and Mustang Islands. Current water usage on North Padre and Mustang Island is approximately 3 million gallons daily (mgd). That water is delivered to the Island via an existing 24-inch pipeline crossing the Inter-coastal Waterway. In an effort to secure alternative sources of water to meet the demands of the Padre Island service area, the City is pursuing desalination treatment and storage facilities to be located on Padre Island. The proposed facility will be able to produce adequate potable water utilizing brackish groundwater supplemented by seawater. EXHIBIT "A" 1 Page 1 of 3 PROJECT DESCRIPTION: This project is scheduled to provide reliable water service to North Padre Island no later than the end of 2005. This project will: demonstrate the viability of treating either brackish groundwater or Gulf of Mexico water as a new supply source; · supplement existing water service to North Padre and Mustang Islands · allow possible deferment of other water supply projects for this service area. To Improving the water supply to North Padre Island by the end of 2005, will require that the project proceed into a system demonstration project as eady as possible. To realize this goal, this contract for Stage 1, Phase1, will proceed simultaneously in three parallel paths including: · Technical Assessment; · Regulatory and Permitting; and, · Hydrogeology Assessment This portion of the work is scheduled to be complete by June 2003. Work will begin on the design and construction of a demonstration p reject u pon t he concurrence and acceptance of the findings and recommendations of the Assessment Phase of the Project. The Demonstration Project will include: · A Reverse Osmosis Plant; · Storage Alternatives; and, · Connection to the City's Distribution System This Demonstration Project will provide: a. Initial operating information for the City and regulatory agencies; and, b. Improved water service to North Padre Island in concert with the City's water delivery planning. Once the Demonstration Project is operational, the final stage of the Project will be the design and construction of planned larger capacity facilities (Full Production Project) to meet the future needs of this service area. Regulatory agency approval will be essential to the timing of this Project. Dividing this project into the three stages of: 1. Preliminary Assessment; 2. Demonstration; and 3. Full Production Project is in direct response to gaining regulatory acceptance while still improving water service to North Padre Island. The planned staging and phasing will maximize project feasibility evaluation, while minimizing expense. The City Council will receive a presentation on the status of the Engineering Technical Assessment during the March 25, 2003, council meeting. Regular updates will be provided to Council on a quarterly basis throughout the Project. The final Assessment results and recommendations are scheduled to be presented to Council on June 25, 2003. lEXHIBIT "A" Page 2 of 3 PROJECT DELIVERABLES This project will include the fast tracking of an Engineering Assessment Phase that will detail the steps required for the permitting, treatment selection, and storage options to provide additional water resources for Padre Island. Upon completion and approval of the Assessment Phase, the A/E consultant will proceed to Stage 1, Phase 2 to complete design, bid and construction documents for the Demonstration Project. Completion target date for the Demonstration Project is December 2005. At that time, deliverables for the project will include: · Production of Drinking-Quality Water; · Reverse Osmosis Pilot Plant; · Demonstration StorageAIternatives; and, · Connection to the distribution system. Upon approval of the Demonstration Phase, the next step of the Project will be the design and construction of the Full Production Project anticipated to be complete by December 2006. A timeline and preliminary project schedule is attached as Exhibit "B'. CONTRACT/FEE SUMMARY: A contract summary and fee is attached as Exhibit "C". EXHIBIT "A" Page 3 of 3 1 STAGE 1- ASSESSMENT AND DEMONSTRATION - 2 - Notice to Proceed ---3�-I„ Project Technical l Progress Mtge --41 --�.` Formal Quarterly Briefing Meetings Assessment Phase -_-- 44 Lti Farwell Quarterly Briefing Mt i s Demonstration Phase R5 i - 57 -' Stage 1 Phase 1 - Engineering and Permitting Assessment - -SS Hydrogeology Assessment 59 Trestehility Assessment __-- 60-- -, Regulatory Assessment 61 Concentrate Disposal Assess. _ 62 Storage and Recovery Assessment 63 PlanVWell Siting Alt. Development - 64 Council Briefing - 65 Feed Trans. And Dist System Alternative Developemnt 66 Evaluation of Funding Resources - 67 Finalize Assessnew and Deliver to City for Review -68-- City Review and Comment 69 Final Assessment Technical Memorandum 70 -- Complete Assessment Phase 71 -- -72 ---, Stage 1 Phase 2 - Design and Comtructiss of Demmutarlon Project _- 73 Design of Facilities 74 Bidding of FacilRiea 75 Construction W Facilities 76 Initial production by December 2005 78 - STAGE 2 - Full Scale Production (Not Authorized) 79 - Design final facilities 60 Additional RO Units 61 Additional Wells 82 - I, Additional Supply W.Winfiltration -83', Infrastructure Enhancements City of Corpus Christi TX Padre Island Desalination Ptah Preliminary Delivery Schedule 1 85-- Project Complete tvxs Project: Padrels RO At 2 Tesk 0 Progress Summary ^ External Tests Deadline V Date: Thu 12)12/02 SPiit Project Milestone P Summary . roj ^ External Milestone Carollo Engineers P,C. DecemOer 6 2002 I' y�ry to T as w CONTRACT SUMMARY PADRE ISLAND DESALINATION PLANT FEASIBILITY ANALYSIS AND SITING PLAN (Project No. 8423) 1. SCOPE OFPROJECT Potable water service on Padre Island will be improved by the addition of desalination and storage facilities to meet the increasing water demands of this service area. These improvements will provide for an additional water source for Padre Island as well as back-up water supply. This project will commence work on the addition of these facilities by completing a fast-track Engineering Assessment and then proceeding directly into the design and construction of treatment and storage facilities. 2. SCOPE OFSERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and wdtten authorization is provided by the Director of Engineering Services. 2. SCHEDULE STAGE 1 PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Monday January 6, 2003 Begin Assessment Phase Tuesday March 25, 2003 Council Update on Project Tuesday June 25, 2003 Final Presentation and Recommendations to Council Begin Design Phase July 2003 Demonstration Project TBD 60% Submittal TBD City Review (30 days/4 weeks) TBD 90% Submittal EXHIBIT "C" Page 1 of 3 TBD City Review TBD Final Submittal TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Begin Construction TBD Construction Completion FEES Fee for Basic Services - STAGE 1 1. Assessment Phase $516,280 2. Design Phase Demonstration Project TBD 3. Bid Phase Demonstration Project TBD 4. Construction Phase Demonstration Project TBD Subtotal Basic Services Fees $516,280 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) $61,590 Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County (and others) Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Texas General Land Office (TGLO) National Marine Fisheries Services (NMFS) Texas Parks and Wildlife Department (TPNL) 2. ROW Acquisition Survey $22,000 3. Topographic Survey $22,000 4. Environmental Assessments $27,600 5. Construction Observation Services TBD 6. Start-up Services TBD EXHIBIT "C" Page 2 of 3 7. Warranty Phase TBD 8. Provide SCADA Documentation TBD 9. Public Involvement $67,000 10. Technical Assessment Review $27,000 Sub-Total Additional Services Fees Authorized $227,190 Total Authorized Fee $743,470 Page 3 of 3 Padre Island Desalination Facility The City of Corpus Christi Carollo Engineers Project Objectives o Improve reliability (pressure) of Padre Island water supply o Meet City's schedule for reliability improvements o Provide cost-effective solutions to improving reliability while meeting schedule Project Approach o Three Step Approach to allow effective decision making by the timely manner o STEP ONE: for City Complete an engineering and permitting assessment to deliver the proposed facilities o STEP TWO: cost in a Design and construct demonstration facilities to meet current needs. o STEP THREE: • Design and construct additional production facilities to meet future needs. STEP ONE: Fast Track Assessment Phase This will be phased using three simultaneous parallel paths: o Regulatory and Permitting o Technical Treatment Brine Disposal o Hydrogeologic • Water quality * Water quantity STEP TWO: Demonstration Phase The construction of a demonstration facility will: o Demonstrate compliance and performance For Regulatory Agencies For City o Provide improved water service to Padre Island o Provide operating experience for optimized design of Full Production Facilities STEP THREE: Full Projection Facility A large scaled project will be: o Timed to meet City's planned production needs o Phased to reduce initial capital expenditures o Be responsive to changing technologies. Project Schedule o STEP ONE: H Assessment Phase o complete June 2003 o STEP TWO: Demonstration Phase o complete Dec 2005 o STEP THREE: • Additional Production Facilities o complete December 2006 orpus Christi SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD DECEMBER 17, 2002 12:00 P.M. 34.1.a. 34.1 .b. Public notice is hereby given that the following item is being added to the City Council agenda of December 17, 2002: CONSENT AGENDA Ordinance authorizing the City Manager or designee to execute a Food and Beverage Concession lease agreement with MRCC, Ltd. for the operation of a Food and Beverage Concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten pement of the Concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to twelve months. First Reading Ordinance - Authorizing the City Manager or designee to execute a Food and Beverage Concession lease agreement with MRCC, Ltd. for the operation of a Food and Beverage Concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten percent of the Concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to 108 months with a five year option to renew upon agreed terms. POSTING STATEMENT: This supplement agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 4:45 p.m., December 13 ,2002. Armando Chapa City Secretary