HomeMy WebLinkAboutAgenda Packet City Council - 08/26/2003CITY COUNCIL AGENDA
AUGUST 26, 2003
Corpus Christi
2003
1:45 P.M. - Swearing in of newly a~pointed Board, Commission ,a. nd Committe~,Members
Proclamation declaring August 26, 2003 as ~Vomen s Equality Day
AGENDA
ClT~Y OF CORPUS CHRISTI, TEXAS
I~OUl~ COUNCIL MEETING
CI'WHALL COUNCIL CHAMBERS
! 1201 LEOPARD
/ AUGUST 26, 2003
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 a~ opportunity to address the Council at approximately 5:30 p.m. of at the end of
the Council Meeting, whichever is earlier. P~ease speak into the microphone located at the podium and state your name and
address. Your presentation will be limfted ~o three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretery.
Si ud. Desea dirlgirse al Concilio y cree qu~ su ingl~s es limitado, habr~ un int~rprete ingl~s-espaf}ol es todas las juntas del
Concilio pare ayudarle.
Persons with disabilities who plan to attend t~is meeting and who may need auxiliary aids or sen/ices are requested to contact
the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Samuel L. Neal, Jr. tO call the meeting to order.
B. Invocation to be given by Father Ken Parks, St. Bartholomew's Episcopal Church.
C. Pledge of Allegiance to the Flag to the United States.
D. City Secretary Armando Chlapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
Acting City Attorney R. Jay Reining __
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting ~3f August 19, 2003. (Attachment # 1 )
Agenda
Regular Council Meeting
Augu~ 26,2003
Page 2
BOARDS & COMMITTEE A POINTMENTS: (NONE)
EXPLANATION OF COUNC IL ACTION:
For administrative convenience,
motions, resolutions, or ordina
Council will use a different met~
finally pass an ordinance by adc
than a hyo reading ordinance;
motion to reconsider may be rr
regular, or a subsequent speciaJ
herein for reconsideration and ~
certain of the agenda items are listed as
3ces. ff deemed appmprfate, the City
~od of adoption from the one listed; may
=ting it as an emergency measure rather
or may modify the action specified. A
ade at this mee~ng ora vote at the last
meeting; such agendas ara incorporated
~ction on any reconsidered item.
EXECUTIVE SESSION:
PUBLIC NOTICE is given tha~ the City Council may elect to go into
executive session at any time Iduring the meeting in order to discuss
matters listed on the agenda, ~hen authorized by the provisions of the
Open Meeting Act, Chapter 55 ~ of the Texas Government Code. In the
event the Council elects to go int~ executive session regarding an agenda
item, the section or sections o~ the Open Meetings Act authodzing the
executive session will be publicly announced by the presiding office.
Executive session under Texas Government Code Sections
551.071, 551.072 and 551~087 regarding the acquisition and
development of site for minor league baseball stadium, with
possible discussion and related action in open session.
Executive session under Tex~s Govemment Code Section 551.071
regarding CCMCA, Inc., a Texas Corporation vs. City of Corpus
Christi, Case No. C-03-170, ii3 the United States District Court for
the Southern District of Texas, Corpus Christi Division, with
possible discussion and action in open session.
Executive session under Texas Government Code Section 551.071
regarding AVE, Inc. Vs. City Of Corpus Christi and Peter Alvarez,
in his official capacity as Chief of the Corpus Christi Police
Department, Case No. C-03-216, in the United States District Court
for the Southem District of Texas, Corpus Christi Division, with
possible discussion and action in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Augu~ 26,2003
Page 3
Executive session under'
551.071 regarding a claim fr¢
to the Up River Road 24"
Lantana Road to IH-37, Ph~
related action in open sessic
'exas Govemment Code Section
.m Gan/er Construction, Ltd. relating
Water Line Improvements Project,
se IV, with possible discussion and
n.
CONSEN" AGENDA
Notice to the Public
The following items are of a routine or
been furnished with background and
has been discussed at a previous mee
vote without being discussed separetel.
or a citizen, in which event the item or
individual consideration in its normal
separate discussion have been acte,
adopted by one vote.
~dministretive nature. The Council has
:upport matedal on each item, and/or it
lng. All items will be acted upon by one
, unless requested by a Council Member
~ems will immediately be withdrawn for
sequence after the items not requkYng
upon. The remaining items will be
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM THE PREVIOUS MEETINGS: '
(At this point the Council will vote op all motions, resolutions and ordinances not
removed for individual consideration)
o
Motion approving the lease purchase of 140 golf carts for Oso and
Gabe Lozano golf courses ir~ accordance with Bid Invitation No.
BI-0138-03 from E-Z-GO Te)d~on Gulf Coast of Humble, Texas for
the total .amount of $29Q,240 based on Iow bid meeting
specifications. Financing has been budgeted by the Park and
Recreation Department in Fi' 2003-2004. (Attachment # 6)
.8.
Ordinance appropriating $109,000 in unappropriated interest
earnings from Water Capital Improvement Program Fund No.
4084 for electronic handheld Imeter reading system; amending FY
2002-2003 Capital Budget a~dopted by Ordinance No. 025144 to
increase appropriations by $109,000. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summaly)
Agenda
Regular Council Meeting
Augu~ 26,2003
Page 4
7ob.
Motion approving a supply ag
Washington in accordance ~
0137-03 for a handheld electr
best value for a fixed three !
term of the supply agreeme
option to extend the contra(
subject to the approval of the
reement with Itron, Inc. of Spokane,
/ith Request for Proposal No. BI-
)nic meter reading system based on
'ear expenditure of $109,000. The
~t shall be for three years with an
t for up to three additional years,
;upplier and the City Manager or his
designee. (Attachment # 7)
Motion authorizing the City M~anager or his designee to execute a
twelve-month hardware mainitenance agreement with the Texas
Department of Information Resources of Austin, Texas based
upon the State's cooperative purchasing agreement in the amount
of $90,485.28. Included in the agreement is maintenance and
replacement support for the Police Department's servers and
Compaq laptops. (Attachmeht # 8)
Motion authorizing the City Manager or his designee to execute a
twelve-month software maintenance agreement with Tiburon, Inc.
of Fremont, California in an amount not to exceed $82,107.62 for
records management, computer aided dispatch, mobile data
automated vehicle Iocator and video imaging. (Attachment # 9)
10.
Motion authorizing the City Manager or his designee to execute a
36 month lease with Durrill!Properties for the facility space to
operate the Municipal Juvenile Court in the amount of $96,717.
The lease is subject to ann~al appropriation of funds. The first
year's funds of $32,239 have been budgeted in the FY 2003-2004
budget of the Corpus ChristiMunicipal Court through a state grant
for that purpose. (Attachment # 10)
11.a.
Resolution authorizing the :City Manager or his designee to
execute a State Funded Grant Agreement with the Texas
Commission on Environmental Quality in the amount of $884,600
for air quality planning activities. (Attachment # 11)
11.b.
Ordinance appropriating $884 600 from the Texas Commission on
Environmental Quality in the No. 1071 Community Enrichment
Grants Fund for air quality planning activities. (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August26,2003
Page 5
12.
13.a.
13.b.
14.a.
!
Motion authorizing paymerlt to the Corpus Christi Regional
Economic Development Corporation in the amount of $37,500 for
preparation of an application~ for New Markets Tax Credits and a
detailed redevelopment plain for a portion of the Northside.
(Attachment # 12)
Resolution determining the
improvement of the followin(,
County, Texas: (Attachment
Laguna Shores Road from
specifying that certain ofthes
by the City and partly by assE
necessity for and ordering the
highway in Corpus Christi, Nueces
13)
;diterranean to Caribbean,
improvements will be paid for partly
,ssments while others will be paid for
entirely by assessments; a nd directing the City's Director of
Engineering Services to file ia notice of proposed assessments
with the Nueces County Clerk.
Resolution approving plans and specifications for improvements
to the following highway in Cbrpus Christi, Nueces County, Texas:
(Attachment # 13)
Laguna Shores Road from Mediterranean to Caribbean,
approving
Construction Cost Estimate i
costs to be paid by the ¢
assessments; setting a P
assessments to occur during
Meeting; directing the City S
of this Public Hearing; and.
the Director of Engineering Services Project
lcluding an estimate of the portion of
ity and the portion to be paid by
Jblic Hearing on these proposed
the September 30, 2003 City Council
;cretary to arrange to Publish Notice
)rdedng the Director of Engineering
Services to provide written notice of the Public Headng to property
owners.
Ordinance appropriating $436,624.27 from unappropriated interest
earnings of the Public Health and Safety Capital Improvement
Fund No. 3357 for Sector m0 Liner Improvements (J.C. Elliott
Landfill) and to allow Fund Closure; amending FY' 2002-2003
Capital Budget adopted by Ordinance No. 025144 to increase
appropriations by $436,624.27. (Attachment # 14)
CiTY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August26,2003
Page 6
14.b.
15.
16.
17.
18.a.
18.b.
t8.c.
!
Motion authorizing the City M~anager or his designee to execute a
construction contract in the amount of $1,332,451 with LD Kemp
Excavation, Inc., of Fort Wqrth, Texas for the Sector 10 Liner
Improvements (J.C. Elliott La~ndfill). (Attachment # 14)
Motion authorizing the City M
construction contract with D
Texas in the amount of $5~
(River Park Drive 20-foo1
(Attachment # 15)
anager or his designee to execute a
rIB Construction of Corpus Christi,
324.62 for the Wood River Drive
alley) Drainage Improvements.
Motion authorizing the City I~ anager or his designee to execute a
construction management
$50,400 with Engineering &
of Corpus Christi, Texas for
O. N. Stevens Water Treatm
ervices contract in the amount of
.?,onstruction Management Services
/arious projects associated with the
;nt Plant. (Attachment # 16)
Resolution authorizing the City Manager or his designee to
execute an amendment to the Local Transportation Project
Advanced Funding Agreement for the State of Texas to reimburse
the City 100% of costs incu~ed for engineering services for the
Bay Trail Phase 3 Project. (Attachment # 17)
Resolution authorizing the iCity Manager or his designee to
execute a joint use. agreement with the Texas Department of
Transportation for joint usage of the State Highway44 Clarkwood
Relief Route Right-of-Way - 48-inch Water Line. (Attachment #
18)
Motion authorizing the City Manager or his designee to execute
,Change Order No. 3 with Gamey Company of Fort Worth, Texas
in the amount of $1,134,955.62 for the Southside Water
Transmission Main Phase 2,2A, 3 - Clarkwood Relief Route 48-
inch Water Line AdjuStment/Future Connection and
Interconnection at Farm-te-Market 43 and Weber Road.
(Attachment # 18)
Motion authorizing the City Manager or his designee to execute
Change Order No. 1 with Reyholds Inliner, LLC of Baytown, Texas
in the amount of $40,799 for the Broadway Basin SSO-I/I and
Rehabilitation Stage 2 - Clarkwood Relief Route Sewer Line
Rehabilitation. (Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August26,2003
Page 7
19.a
19.b.
20.
21 .a.
21.b.
~.2.a.
Ordinance appropriating $2~77,154.07 from Reserve for 911
Wireless Service in the Ger~eral Fund; amending the FY 2003-
2004 budget adopted by ¢~rdinance No. 025394 to increase
appropriations by $277,154.~ 17 in the 1020 General Fund, Police
Department Budget to pa
Governments for six month=
during the transition period u
the Texas Commission on
Commission and to pay
(Attachment # 19)
~/ the Coastal Bend Council of
; operation costs for 9-1-1 system
nder the settlement agreement with
State Emergency Communications
for other operational expenses.
Motion authorizing payment pf $242,154.07 to the Coastal Bend
Council of Governments for ~ix months operation costs for 9-1-1
system during the transition period under the settlement
agreement with the Texas iCommission on State Emergency
Communications. (Attachment # 19)
Resolution authorizing the City Manager or his designee to submit
a grant application in the amoUnt of $220,646 to the United States
Department of Justice, Bureau of Justice Assistance for funding
eligible under the FY 2003 LOcal Law Enforcement Block Grant
Program to purchase law en~omement equipment for the Police
Department. (Attachment #20)
Resolution authorizing the City Manager or his designee to accept
a grant from the Coastal Beqd Regional Advisory Council in the
amount of $9,051.93 to be u~ed for the purchase of equipment,
supplies and services associated with automating Emergency
Medical Service patient reCords for the Corpus Christi Fire
Department. (Attachment # 21)
Ordinance appropriating a $9i051.93 grant from the Coastal Bend
Regional Advisory Council irl the No. 1062 Fire Grants Fund to
purchase equipment, supplles and services associated with
automating Emergency Medical Service patient records for the
Corpus Christi Fire Department. (Attachment # 21)
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Department of Health in the amount of
$249,939 for personnel, fringe benef~s, travel, supplies and other
miscellaneous expenses to assist in upgrading to a Level B
Laboratory. (Attachment # 22)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of Ihe
agenda summary)
Agenda
Regular Council Meeting
Augu~ 26,2003
Page 8
22.b.
Ordinance appropriating a gr
the Texas Department of H~
travel, supplies and other m
upgrading to a Level B Labor
Fund. (Attachment # 22)
3nt in the amount of $249,939 from
;alth for personnel, fringe benefits,
iscellaneous expenses to assist in
atonj in the No. 1066 Health Grants
23.a. Resolution authorizing the Cit~ Manager or his designee to accept
a grant from the Texas Department of Health in the amount of
$41,407 for personnel, fringe benefits, travel, and supplies for an
immunization program. (AttaChment # 23)
23.b. Ordinance appropriating a grant in the amount of $41,407 from
the Texas Department of H~alth for personnel, fringe benefits,
travel, and supplies, to main~in an immunization program in the
No. 1066 Health Grants Fund. (Attachment # 23)
24.a.
24.b.
25.
26.
~.7.a.
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Depertment of Health in the amount of
$149,797 to fund the elimina~tion and control of Tuberculosis in
Nueces County..(Attachment# 24)
Ordinance appropriating a grant in the amount of $149,797 from
the Texas Department of HeaEh to fund the elimination and control
of Tuberculosis in the No. 1066 Health Grants Fund. (Attachment
# 24)
Motion rescheduling the pul~lic hearing on the proposed Rodd
Field Public Improvement IDistrict to September 16, 2003.
(Attachment # 25)
Resolution authorizing the City Manager or his designee to
execute an interlocal governmental agreement with the Port of
Corpus Christi Authority to include utility adjustment and relocation
work as part of the Joe Fulton ilntemational Trade Corridor and for
the City to provide funds to the Port of Corpus Christi Authority.
(Attachment # 26)
Second Reading Ordinance -Amending the Zoning Ordinance by
deleting the published fees. (First Reading 8/19/03)
(Attachment # 27)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda surnma~)
Agenda
Regular Council Meeting
August 26, 2003
Page 9
27.b.
28.
29.a.
29.b.
30.
31 .a.
Second Reading Ordinance-
deleting the published fe(s.
(Attachment # 27) ~
PUBLIC HEARINGS:
AD VALOREM TAX RATE:
Public Hearing on the propo.~
(Attachment # 28)
ZONING CASES: 2:00 P.I~ I.
Amending the Platting Ordinance by
(First Reading - 8/19/03
2:00 P.M.
ed ad valorem tax revenue increase
Continuation of public heari~ng to consider tabling of Case No.
0603-04, Paul S. Vera. (Attachment # 29)
A motion to table Case No. ~603-04, Paul S. Vera to November
18, 2003 or December 9, 2003. (Attachment # 29)
Case No. 0603-03. Yolanda i Rodri(~ue~' A change of zoning from
a UB-l" Neighborhood Busihess to a ,B-4" General Business
District on Koolside Addition~ Block 8, Lot 9, located on the west
side of Airline Road and approximately 600 feet south of Gollihar
Road. (Attachment # 30)
Planninq Commission and Staff's Recommendation: Denial of
'B-4" General Business District.
ORDIHANCE
Amending the Zoning Ordinance upon application by Yolanda
Rodriguez by changing the ~oning map in reference to Koolside
Addition, Block 6, Lot 9 from ~B-1" Neighborhood Business District
to "B-4" General Business I~istrict; amending the comprehensive
plan to account for any deviations from the existing comprehensive
plan.
RENEWAL COMMUNITY COMMERCIAL REVITALIZATION:
Public hearing to consider, prioritize and nominate applications to
the Texas Department of EcOnomic Development for Commercial
Revitalization Deduction allocations. (Attachment # 31)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of t~e
agenda summary)
Agenda
Regular Council Meeting
August26,2003
Page 10
31.b.
!
Resolution nominating projects to the Texas Department of
Economic Development fo~Renewal Community Commercial
Revitalization Deductions. (Attachment # 31)
PRESENTATIONS:
Public comment will not be soli{ ~ited on Presentation items.
32. Corpus Christi Regional Economic Development Corporation,
Quarterly Update (Attachmerlt # 32)
33. Report on Local Homebu~er Programs for City employees
(Attachment # 33)
34. Automated Meter Reading Iditiative (Attachment # 34)
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
35.a.
First Reading Ordinance- Amending the Code of Ordinances, City
of Corpus Christi by rede$ignating Chapter 15, Emergency
Management, as Chapter ~16, Emergency Management and
renumbering the sections; and providing for penalties.
(Attachment # 35) (See Separate Attachment)
35.b.
First Reading Ordinance -Amending the Code of Ordinances, City
of Corpus Christi by redesignating Chapter 14, Elections, as
Chapter 15, Elections and rer~umbering the sections. (Attachment
# 35) (See Separate Attachment)
35.C.
First Reading Ordinance- Amending the Code of Ordinances, City
of Corpus Chdsti by desigr~ating Chapter 14 as Development
Services; adopting the 2003 Ilntemational Building Code, Energy
Conservation Code, Fuel GaS Code, Mechanical Code, Plumbing
Code and Residential Code for One and Two-Family Dwellings as
the City's Building, Energy COnservation, Fuel, Gas, Mechanical,
Plumbing and Residential Codes; adopting the 2002 National
Electrical Code as the City's Electrical Code; adopting the City's
Flood Hazard Prevention Code; establishing provisions relating to
the regulations of excavation activities, fill materials, control of
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda sumrna~j)
Agenda
Regular Council Meeting
Augu~ 26,2003
Page 11
35.d.
35.e.
36.
37.
38.
39.
40.
!
Aeolian soils and solid wast~ at construction sites; amending the
requirements for storm water management plans; and establishing
the Development Services'I fee schedules and providing for
penalties. (Attachment # 3~ (See Separate Attachment)
First Reading Ordinance .
Ordinances, City of Corpu.~
Articles I, IV, V and VI and b
Chapter 13, Code Enfomem
Standards and Neighborho
penalties. (Attachment # 35
Amending Chapter 13, Code of
Christi by repealing and reserving
/ renaming the title of the chapter to
;nt, Housing and Housing Premises
)d Improvement and providing for
. (See Separate Attachment)
First Reading Ordinance - Amending Chapter 21, Code of
Ordinances, City of Corpus Christi by rePealing and reserving
Article VI and providing for )enalties. (Attachment # 35) (See
Separate Attachment)
Motion approving an additiqnal payment of $49,000 to Collier,
Johnson and Woods, P.C. ~or audit services performed for the
fiscal year ended July 31, 2Q02. (Attachment # 36)
Motion approving recommendations of the City Council Audit
Committee regarding the Cqrpus Christi Convention & Visitors
Bureau funding. (Attachment # 37)
Motion authorizing a twelve-month contract with options to renew
for up to three additional tweNe-month period between the City of
Corpus Christi, Texas and Qne Med Corporation to provide drug
testing, laboratory, collection [and Medical Review Officer services.
(Attachment # 38)
Motion to reconsider Motion No. 2003-264 approved on July 22,
2003 authorizing a two-year contract with two one-year renewal
options between the City of Corpus Christi, Texas and Concentra
Medical Center to provide occupational health services.
(Attachment # 39)
Motion authorizing the City Manager or his designee to execute
Amendment No. 2 to the iengineering services contract with
Carollo Engineers, P.C., of Phoenix, Arizona in an amount not to
exceed $4,038,193 for the Padre Island Desalination Facility.
(Attachment # 40)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
August26,2003
Page 12
41.a
41.b.
41.c.
42.
43.a.
43.b.
Motion authorizing the City iV
construction contract with Lau
Texas in the amount of $4,21~
Project Contract B-2, Part
Coopers Alley L-Head Repai
Motion authorizing the City M
engineering materials testin(.
South, Inc. of Corpus Chdst
$37,240 for the Seawall Rec(
A, Lawrence Street T-Head
(Attachment # 41)
anager or his designee to execute a
hlin Environmental, Inc. of Houston,
200 for the Seawall Reconstruction
~,, Lawrence Street T-Head and
rs. (Attachment # 41)
anager or his designee to execute an
and inspection contract with Fugro
, Texas in an amount not to exceed
.nstruction Project Contract B-2, Part
and Coopers Alley L-Head Repairs.
Motion authorizing the City I~lanager or his designee to execute
Amendment No. 14 to the~ngineedng services contract with
Shiner Moseley and Associa~s, Inc. of Corpus Christi, Texas in an
amount not to exceed $1,951p,000 for design of Seawall Contract
C (Madna Reach) and po~st construction underwater survey
services for Contract B-2. (Attachment # 41 )
Ordinance authorizing the City Manager or his designee to
approve all documents and fiscal arrangements required for the
proposed sale of water supply refunding bonds by the Nueces
River Authority including the Official Statement and Bond
Purchase Agreements; and approving the form of the bond
resolution adopted by the N~eces River Authority. (Attachment #
42)
Ordinance appropriating $182,667.76 in unappropriated interest
earnings from Water 1994~apital Improvement Program Fund
4082 and appropriating in Water Capital Improvement Program
Fund 4082 for SunnybrooldEvelyn/Gollihar/Kostoryz Area Street
and Drainage Improvemer~ts Phase 1 and Mansheim Area
Drainage Improvements Phase lA; amending FY 2002-2003
Capital Budget adopted by Ordinance No. 025144 to increase
appropriations by $182,667.76. (Attachment # 43)
Motion authorizing the City Manager or his designee to award a
construction contract to V~.T. Young Construction of Corpus
Christi, Texas in the amount of $1,534,163.65 for the
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August26,2003
Page 13
44.
45,
46.
Sunnybrook/Evelyn/GollihadlKostoryz Area Street and Drainage
Improvements Phase 1 ~and Mansheim Area Drainage
Improvements Phase la. (Attachment #43)
PUBLIC COMMENT FROM 3' {E AUDIENCE ON MATTERS NOT
SCHEDULFI3 ON THE ,
APPROXIMATELY 5:30 P,
COUNCIL MEETING, WHICE
PRESENTATIONS TO THR
ADDRESS THE COUNCIL
PLEASE SIGN THE FORM
CHAMBER, GIVING YOUR
recording is made of the meeting; t
located at the podium and state yo~
of other information pertaining to
Secretary.)
GENDA WILL BE HEARD AT
M. OR AT THE END OF THE
EVER IS EARLIER. PLEASE LIMIT
=E MINUTES. IF YOU PLAN TO
DURING THIS TIME PERIOD,
AT THE REAR OF THE COUNCIL
VAME, ADDRESS AND TOPIC. (A
~erefore, please speak into the microphone
~r name and address. If you have a petition
/our subject, please present it to the City
Si usted se dirige a la junta y cree que su ingios es limitado, habca un int~rprete
ingios-esparlol en la reuniOn de la junta pare 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 A T ANY COUNCIL MEETING.
REPORTS:
The following reports include qt~estions by Council to Staff regarding City
policies or activities; requested bY Council for information or reports from
Staff; reports of activities of individual Council members and Staff;
constituent concerns; current tOPics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regardir~g city-related matters.
CITY MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ~e end ef the
agenda summary)
Agenda
Regular Council Meeting
August 26, 2003
Page 14
NOTE:
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the CitY's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street,~ ~':OiD p.m.,,~4.~ · ~,~,,2003.
Armando Chapa
City Secretary
The City Council Agen~Ja can be found on the City's Home
Page at www.cctexas[com after 7:00 p.m. on the Friday
before regulaHy schec~uled 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
agenda summary)
1
CITM OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 19, 2003 - 1:58 p.m.
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Melody Cooper
Council Members:
Brent Chcsney
Javier D. Colmenero
Henry Garrett
Rex A. Kinnison
Jesse Noyola
Mark Scott
ABSENT
Bill Kelly
rrived 2:00 p.m.)
CRv Staff:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the me
invocation was delivered by Past~
Allegiance to the United States rial
called theroll and verifiedthat the n~
were present to conduct the meetinl
Council meeting of July 22, 2003.
presented.
~ting to order in the Council Chambers of City Hall. The
: Steve Haxwick of First Baptist Church and the Pledge of
was led by Council Member Chesney. City Secretary Chapa
:essary quorum of the Council and the required charter officers
Mayor Neal called for approval of the minutes of the regular
A motion was made and passed to approve the minutes as
Mayor Neal referred to Item 2 and the following board appointments were made:
Buildine Code Board of Appeals
Johnny Cotten (reappointed)
Philip Skrobarczyck (reappointed)
Community Youth Develovment (78415) Proeram Steerim, Commlttee
Andrea Walter (reappointed)
Lynda Jean Richter (appointed) ~
Michelle Thomas (appointed)
Park and Recreation Advisory Committee
Anne Baker (reappointed)
Gloria C. Aguilar (reappointed)
Clifford E. Bost (reappointed)
Gregory T. Perkes (reappointed)
Megan Welch (appointed)
Karen Woodard (appointed)
Minutes - Regular Council Meeting
August 19, 2003 - Page 2
Mayor Neal noted that he was pulling the appointments of the Cable Communication
Commission and the Business Resource Center due to lack of resumes. He encouraged the Council
to help find more applicants.
Mayor Neal called for consideration of the consent agenda (Items 3-24). City Secretary
Chapa noted that Items 8a and 8b were being withdrawn. He also stated that Council Member
Noyola would be abstaining from the discussion and vote on Items 10, 11, 12, 13 and 14. Council
Member Scott stated that he would be abstaining from the discussion and vote on Item 12. Council
members requested that Items 7, 9, 15, 17 and 19 be discussed. There were no comments from the
audience. A motion was made and passed to approve Items 3 through 24, constituting the consent
agenda, except for Items 7, 9, 15 and 19, which were pulled for individual consideration. City
Secretary Chapa polled the Cotmcil for their votes and the following motions passed by the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Kelly was absent. (NOTE: Noyola abstained on Items 10, 11, 12, 13 and 14; Scott abstained
on Item 12)
3. MOTION NO. 2003-269
Motion approving a supply agreement with Jones & Cook Stationers, Corpus Christi, Texas
for office supplies, copy paper, office furniture, ribbons, toner and supplies, copier
equipment and accessories, computer equipment accessories and office machines/equipment
in accordance with Bid Invitation No. B I-0109-03 based on best value for an estimated three-
year expenditure of $2,880,258. The term of the contract will be for three years, subject to
annual appropriation with an option to extend for up to two additional years, subject to the
approval of the supplier and the City Manager or his designee. Funds have been budgeted
by the using deparlments in FY 2003-2004 and will be requested for all subsequent years.
4. MOTION NO. 2003-270
Motion authorizing the City Manager or his designee to execute a deferment agreement that
would allow the Director o£Engineering Services/City Engineer to approve the final plat for
filing for Driscoll Children's Hospital Urgent Care-Simpson Drive in advance of completion
of seventy-five percent (75 %) of the required public improvements by the developer, upon
developer posting a cash bond or equally liquid negotiable security with the City in the
amount of 110% of the cost of the project; as authorized by Section V, Paragraph A,
subparagraph 3.b(3) oftbe Platting Ordinance.
5.a. ORDINANCE NO. 025407
Ordinance appropriating $73,471.60 in unappropriated interest earnings from Water Capital
Improvement Program Fund No. 4081; for the North Navigation Boulevard Pumping Plant
ConWact No. 3 regarding a 36" diameter water transmission main; amending the FY 2002-
2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by
$73,471.60.
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5.b. MOTION NO. 2003-27 i
Motion authorizing the Cit
Jaleo, Inc. of Houston, ~
Boulevard Pumping Plant
(North Navigation Boulev~
6.a. ORDINANCE NO. 0254(
Ordinance appropriating $
from unappropriated raise
Program Fund No. 3430; ~
Fund No. 3430; appropriat
Wastewater 2002 Capital
Wastewater 2002 Capital
Reclamation Plant Effiuen
Budget adopted by Ordinar
6.b. MOTION NO. 2003-272
Motion authorizing the Civ
Engineering Services Conk
amount of $198,780 for a t
Plant Effluent Re-use Pure
r Manager or his designee to execute a Change Order No. 1 with
;xas in the amount of $73,471.60 for the North Navigation
'ontract No. 3 regarding a 36" diameter water transmission main.
rd Pumping Plant to Caldwell SWeet Pumping Plant.)
2,222.85 from the unappropriated interest earnings and $30,157
ellanenus revenues fi.om Wastewater Capital Improvement
id appropriating in Wastewater Capital Improvement Program
ng $46,400.15 from the unappropriated interest earnings fi.om
~raprovement Progxam Fund No. 4244; and appropriating in
Improvement Program Fund No. 4244 for the Oso Water
Re-Use Pump Station; amending the FY 2002-2003 Capital
ee No. 025144 to increase appropriations by $198,780.
' Manager or his designee to execute Amendment No. 1 to the
act with Urban Engineering of Corpus Christi, Texas in the
~tal re-stated fee of $222,630 for the Oso Water Reclamation
Station.
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1
Minutes - Regular Council Mecti~g
August 19, 2003 - Page 4
10. MOTION NO. 2003-274
Moron authorizing the City Manager or his designee to execute Amendment No. 11 to the
Engmeering Services ConWact with RVE, Inc. of Corpus Christi, Texas in the amount of
$39,400 for the Corpus Christi International Airport Entrance Roadway Overlay Project.
11. MOTION NO, 2003-27;5
12.
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the
Engineering Services ConWact with Anderson Group Construction Management, Inc. of
Corpus Christi, Texas in a~ amount .not to exceed $138,100 to assume project management
duties for the Corpus Christ[ International Airport Terminal Project through December 2003.
MOTION NO. 2003-276
Motion authorizing the Ci~ Manager or his designee to execute a Real Estate Sales Contract
with Berry Contracting, In(~. of Corpus Christi, Texas in the amount of $59,200 plus $1,100
in closing costs for the ptmehase of fee simple property fights for Parcel 8E, being 15.849
acres out of Abstract No. 986, John H. Gallagher Land, located south of the Corpus Christi
International Airport (CCIA) between County Roads 2292 and 763 in connection with the
Corpus Christi International Airport Expansion Project, and for other municipal purposes.
13.a. RESOLUTION NO. 025411
Resolution authorizing the City Manager or his designee to accept Federal Aviation
Administration Entitlement Grant No. 3-48-0051-035-2003 for the amount of $1,538,373
for terminal improvements land rehabilitation of Runway 13-31.
13.b. ORDINANCE NO. 025412
Ordinance appropriating $1,538,373 fi.om the Federal Aviation AdminisUation Entitlement
Grant No. 3-48-0051-035-2003 into Airport Capital Improvement Program Fund 3020 for
terminal improvements anal rehabilitation of Runway 13-31; amending FY 2002-2003
Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $1,538,373.
14.a. RESOLUTION NO. 025413
Resolution authorizing th~ City Manager or his designee to accept Federal Aviation
Administration Entitlemen~ Grant No. 3-48-0051-034-02 for the amount of $1,538,373 for
Terminal Improvements, Phase II and Airport Drainage, Phase III.
14.b. ORDINANCE NO. 025414
Ordinance appropriating $1~538,373 from the Federal Aviation Administration Entitlement
Grant No. 348-0051-034-02 into Airport Capital Improvement Program Fund No. 3020 for
Terminal Improvements, Phase II and Airport Drainage, Phase I~; amending FY 2002,2003
Capital Budget adopted by Ordinance No. 025144 to increase.appropriations by $1,538,373.
Minutes - Regular Council Meetin
August 19, 2003 - Page 5
16.a.
RESOLUTION NO. 02541~6
Resolution amending Res
application to the State of~
FY 2002 Juvenile Accoun
reduce juvenile delinquen
accountability for juvenile
16.b. ORDINANCE NO. 0254H
Ordinance appropriating
Office of the Governor, in
1020 General Fund and apl~
funds to continue to operat~
18.a. MOTION NO. 2003-277
Motion authorizing the Cit
$41,404 from the State of'I
Victims of Crime Act (VO~
18.b. ORDINANCE NO. 025411
20.
21.
22.
~lution No. 025124 which authorized submission of grant
'exas, Criminal Justice Division, for funding eligible under the
ability Incentive Block Grant Program to fund a program to
~, improve the Juvenile Justice System and increase the
)ffenders; and accepting a grant of $131,018.
31,018 grant from the State of Texas, Criminal Justice Division
he No. 1061 Police Grant Fund; transferring $13,103 from No.
opriating it in the No. 1061 Police Grant Fund as match'mg grant
.. a Juvenile Court within Municipal Court
Manager or his designee to accept a grant in the amount of
~xas, Criminal Justice Division for funding available under the
'.A) Fund and to execute all related documents.
Ordinance appropriating $441,404 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fhnds for funding available under the Victims of Crime Act
(VOCA) Fund.
MOTION NO. 2003-278
Motion authorizing the !City Manager or his designee to execute the annual
software/hardware maintenlmce renewal with Kronos, Inc. of Chelmsford, Maryland in an
amount not to exceed $43,/t75.37 for software and hardware replacement support.
MOTION NO. 2003-279
Motion authorizing the appointment of Sheila Rogers to an Arts and Cultural Commission
ad hoc peer panel consisting of arts professionals and community peers to make a
recommendation for Airpog "Percent for An" Project.
RESOLUTION NO. 025425
Resolution approving the amendment of Appendix A, Regional Health Awareness Board,
to the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness
with Nueces and San Patricio Counties relating to the coordination between the Regional
Health Awareness Board ahd other City and County boards, commissions and advisory
committees.
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Minutes - Regular Council Meet~g
August 19, 2003 - Page 6
23.
FIRST READING ORDI1
/unending a five-year ieasl
a festival and related ac-ti
Boulevard from Interstate ]
adjacent bay waters and th,
Water Slreets (premises) ~
lANCE
: with Bayfest, Inc. approved by Ordinance No. 023972 to conduct
vities on the sidewalks, medians and seawall along Shoreline
tighway 37 to the convention center complex, the barge dock and
~ vacant city block bounded by Resaca, Fitzgerald, Chaparral and
nd to revise dates for years 2003 and 2004.
24.
ORDINANCE NO. 02542~
Second Reading Ordinan¢
Sewer Trunk Line Trust
authorizing the use of the
lrunk force mains and lif~ ,,
and by revising the proce~
~tructoxe Trust Funds
e - Amending the platting ordinance by renaming the Sanitary
Fund to the Sanitary Sewer Trunk System Trust Fund and
Sanitary Sewer Trunk System Trust Fund for the installation of
tations by adding the Storm Water Collection Sewer Trust Fund
oxes for obtaining reimbursements to developers from all of the
; and providing for an effective date. (First Reading - 7/22/03)
Mayor Neai opened discusgion on Item 7 regarding convention center flood damage repairs.
Council Member Colmenero asked what impact these repairs would have on the convention center
expansion. Mr. Kevin Stowers, 4.ssistant Director of Engineering, replied that it would have no
impact on the expansion. He said that staffwas adding the change order onto the expansion conlxact
to expedite the repairs. In addition, Mr. Stowers stated that it would bring that portion of the facility
up to a higher standard so that ia was compatible with the quality of the new expansion. City
Secretary Chapa declared an emergency and polled the Council for their votes. The following
ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison,
Noyola and Scott, voting "Aye"; Kelly was absent.
7.m ORDINANCE NO. 025409
ordinance appropriating ai$107,252.19 insurance settlement in the Visitors Facility Fund
No. 4710 for ConventiuniCenter Flood Damage Repairs; emending the FY 2003-2004
Operating Budget adopted in ordinance No. 025394 by increasing appropriations by
$107,252.19.
7.b. MOTION NO. 2003-273
Motion authorizing the Cily Manager or his designee to execute Change order No. 3 with
Moorhouse/Beecroit, Joint Venture, LLC of Corpus Christi, Texas in the amount of
$126,892 for flood damageXepairs to existing convention center doors, frames and elevators.
Mayor Neal opened discussion on Item 9 regarding the Rincon Bayou Diversion Pipeline.
Mayor Neal asked staff to elaborate on this item. Mr. Kevin Stowers, Assistant Director of
Engineering, stated that some easements needed to be acquired to construct the pipeline. He said
that this would allow the city to allow for beneficial impacts in te~ of fresh water releases.
Assistant City Manager Massey added that Dr. Cmlley was asking for a high price for the parcel, and
said that staff has been unable to reach a more reasonable settlement with him despite their repeatezl
efforts. Mayor Neal asked if this Was the only parcel that the city has not acqu'u~d. Assistant City
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Minutes - Regular Council Meetin
August 19, 2003 - Page 7
Manager Massey answered aflqrm~tively. Mayor Neal asked what the process would be now and
how long would it take to ~mplete. City Engineer Angel Escobar replied that this item was the first
step in the process. He said that onqe the city made Dr. Gulley a formal offer and he rejected it, then
the Legal Department would begin ~ondemnation proceedings. Acting City Attorney Reining said
that the entire process would take al~proximately three months. Mayor Neal said that he hoped these
proceedings would not delay the prqject until next summer. Assistant City Manager Massey replied
that staff had already asked for anqther extension fi.om the Texas Commission on Environmental
Quality (TCEQ). Mayor Neal asl~ed that staff keep the Council informed on the status of this
project. Council Member Kinniso~ asked for the difference in price between what the city could
pay and what the landowner was f sking for. Assistant City Manager Massey answered that the
landowner was asking for a price ox er $1 million. City Secretary Chapa polled the Council for their
votes, and the following resolutior
Cooper, Garrett, Kinnison, Noyola
9. RESOLUTION NO. 02541
Resolution recognizing the
construction easements for
water pipeline and pnmpi
acquisition by means of ne8
Christi or its agents in acqu
passed with the following vote: Neal, Chesney, Colmenero,
and Scott, voting "Aye"; Kelly was absent.
~blic necessity of acquiring waterline, surface site, access and
the Rincon Bayou Diversion Pipeline, Project No. 8416 for a
~g station in connection with the project; and authorizing
vtiations or eminent domain proceedings by the City of Corpus
ring the necessary easements.
Mayor Neal opened discns~ion on Item 15 regarding beach cleaning on North Padre and
Mustang Islands. Mayor Neal ask~cl if the city had reduced the amount of money or number of
people dedicated to beach cleaningi Mr. David Ondrias, Acting Director of Park and Recreation,
replied that these numbers had x~fined the same, and that staff was still working hard on beach
cleaning. Mayor Neal replied that Se had received more complaints about the overall condition of
the Gulf beaches in the last 60 dsy~ than he had in the last year. Mr. Ondrias stated that staffwas
aware of some of these complaints ~d had recently had a meeting with a number of property owners
and managers at Mustang Island tO discuss them. City Manager Nee added that many of the
complaints received this year focused around a number of eondomininm projects towards the north
end of the island, near Port Aransa$. He said that staff met with these property owners to open a
dialogue with them to address the pwblem. City Manager Nee noted that part of the challenge was
that there were a number of governmental entities that maintained sections of the beaches. He said
that when an individual lodged a ~omplaint about the condition of a beach, it was important to
determine which beach they had visited because it would determine the jurisdiction. He stated that
staff was trying to outxeach to residents in the problem areas to facilitate communication and reduce.
the complaints.
Mayor Neal stated that man~ of the complaints he was receiving were fi.om visitors to the
area, not necessarily fi.om condominium owners, in particular the area near Packery Channel.
Council Member Scott interjected that he had received a complaint about glass on the beach near
Packery Channel, and asked why ~ city was not enforcing fines for littering. City Manager Nee
commented that staffhad not done anything differently in terms of maintenance, but he would see
if there were ways to enhance what!staffwas already doing. He and Mr. Ondrias added that staff
was also looking at ways to enhance enforcement without relying on police officers, who had other
priorities. Council Member Noyol~ commented that he had received a complaint fi.om a woman at
1
Minutes - Regular Council Meet'~g
August 19, 2003 - Page 8
the Packery Channel groundbrea~ing ceremony who said that there were not enough tras.h cans
available. City Secretary Chapa polled the Council for their votes, and the following ordinance
passed with the following vote: Neal, Chesney, Colmenaro, Cooper, Garrett, Kinnison, Noyola and
Scott, voting "Aye"; Kelly was absent.
15. RESOLUTION NO. 02541
Resolution authorizing the
for continued financial ass
Mustang Islands during FY
Maintenance Assistance
Mayor Neal opened discu.,
Mayor Neal asked for more infon
informed about it. Municipal Cot
made amendments to the collectiot
in the amount of 30 percent on ea¢
due. He said that staffwould refer
the individual would be notified b
plea Guilty/No Contest and pay th
the individual pleaded Not Guilty ~
if the individual pleaded Not Guil
percent collection fee. Mayor Ne
5
2ity Manager or his designee to execute all necessary documents
stance for beach cleaning and ma'mtenance on North Padre and
2003-2004 under the Texas General Land Office's Cleaning and
ogram
sion on Item 17 regarding the Municipal Court collection fee.
aation on this new collection fee and how the public would be
rt Judge Rodolfo Tamez replied that the Texas Legislature had
s bill, allowing a municipality to add an additional collection fee
h debt or account receivable that was more than sixty (60) days
he delinquent accounts to a collections company. He stated that
~, letter and given the option to make a plea of Not Guilty or to
~ bill, including the additional 30 percent fee. He added that if
md won, then they would not have to pay any fees. He said that
' and lost, then they would have to pay the fine adding the 30
al asked to whom the 30 percent fee would go. Judge Tamez
replied that the 30 percent wouldi go to the collections company. Mayor Neal asked when the
effective date for this bill was. Judge Tamez answered that the effective date was June 18.
Council Member Cooper cgmmented that this was an excellent tool to compel individuals
who have evaded the law to come into court. City Secretary Chapa polled the Council for their
votes, and the following ordinanc~ passed with the following vote: Neal, Chesney, Colmanero,
Cooper, Garrett, Kinnison, Noyol~ and Scott, voting "Aye"; Kelly was absent.
17. ORDINANCE NO. 025418
Ordinance amending the COde of Ordinances, City of Corpus Christi, Chapter 29 regarding
Municipal Court collectiofl fee; and providing for penalties.
Mayor Neal opened discussion on Item 19 regarding the Pre-Disaster Mitigation Program.
Assistant City Manager Massey stated that the city had partnered with the county and submitted a
request for a Mitigation Planning (~mnt, which was subsequently approved. He said that staffhad
contacted other political entities and had given them the opportunity to participate in the planning.
He stated that the city now qualified for additional funding to support the planning effort since other
entities were involved. He said that this item was merely an expansion of the grant. He said that
the grant dollars would go toward a consultant to assist the city in forming a pre-disaster mitigation
plan that would eventually become a part of a regional mitigation plan.
Mayor Neal asked if once ~e city had adopt~l this pre-disaster mitigation plan and then
opened the Emergency OperationS Center (EOC) for a disaster, would the city be ineligible for
Minutes - Regular Council Meeting
August 19, 2003 - Page 9
FEMA funding if they failed to follow this plan. Assistant City Manager Massey replied that on the
contrary, it would benefit the city b~ause the FEMA cost share on some of the repair efforts would
actually be higher if the city had a l~re-disaster mitigation plan in place. Mayor Neal replied that in
other words, this was a vulnerability assessment. Mr. Massey answered aflh-matively.
Council Member Colmener0 remarked that he was curious to see What suggestions staff
would have regarding the drainage l~roblem in the downtown area. Assistant City Manager Massey
replied that one of the projects that l~ad been identified was to upgrade the pumps and engines in the
downtown area, because the potenti01 result would be a reduction in the fi'equency of flooding. City
Secretary Chapa polled the Coun{il for their votes, and the following items passed with the
following vote. Neal, Chesney, Cdlmenero, Cooper, Garrett, Kinmson, and Scott, voting Aye ,
Kelly and Noyola were absent.
19.a. RESOLUTION NO. 025420
Resolution authorizing the City Manager or his designee to accept a grant fi.om the Texas
Department of Public Safety Division of Emergency Management under the FY 2002 Pre-
Disaster Mitigation Program in the amount of $40,000 for development of a pre-disaster
mitigation action plan with an in- kind city match of $13,333 and a total project costs of
$53,333.
19.b. ORDINANCE NO. 025421
Ordinance appropriating $40,000 fi.om the Texas Department of Public Safety Division of
Emergency Management Under the FY-2002 Pre-Disaster Mitigation Program in the No.
1063 Emergency Management Grants Fund for development of a Pre-Disaster Mitigation
Action Plan.
19.c. RESOLUTION NO. 025422
Resolution authorizing the City Manager or his designee to execute Coastal Bend Mitigation
Action Plan Interlocal Cooperation Agreement.
Mayor Neal deviated fi.om the agenda and opened discussion on Item 39 on the regular
agenda regarding the Mexican Matrieula Consular Card. Assistant City Manager Jorge Cruz-Aedo
explained that the Mexican government had identified a need to issue personal identification cards,
known as Matricula Consulars, to Mexican Nationals residing in foreign countries. He said that to
receive the identification cards, the person must personally submit a birth certificate, valid passport
or other official form of identification to verify their identity. He stated that the Matricula was
widely accepted by over 800 local law enforcement agencies and 74 national banks. In Texas, he
said that 17 cities were now accepting the Matricula Consular card: Assistant City Manager Cruz-
Aedo emphasized that the card does not imply or convey legal status in the United States. He said
that it was strictly a personal identitScation card issued by the Mexican government to Mexican
Nationals residing in foreign countries.
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Minutes - Regular Council Meet'~
August 19, 2003 - Page 10
Mr. Cruz-Aedo stated that
Matricula Consular as a valid fora
to do the same. He noted that the ~
the United States regardless of th
Mexican Nationals access to the l/
Mayor Neal asked thc Mcxi
Mr. Vidaurri said that the card wa~
and forth between coumries. He as:
13 high-security elements in issuh
identification. He also said that
allowed the government to know
were residing. He emphasized th:
($28) than obta'ming a passport
~e passage of this resolution would allow the city to accept the
of identification for city services, and would encourage others
ards had proven to be beneficial to Mexican Nationals living in
;ir legal or illegal status. He said that the cards had allowed
.S. Banking System.
:an Consul General Carlos Vidaurri if be would like to comment.
like a "mini-passport", allowing Mexican Nationals to go back
~ the Council that the Mexican government had incorporated
g the Matriculas, making them a valid and very secure form of
le cards were useful to the Mexican government because they
how many Mexicans were in the United States and where they
~t the cards were available to Mexican citizens at a lower cost
Mayor Neal asked for pub]
with the MaUicula Consular card'
insurance. Assistant City Manag~
does not accept the Matricula Cons
Dr. Mafia Luisa Garza spoke in suF
in support of the Matricula Consul
ic comment. Mr. John Reese, 1810 Santa Fe, asked ifa person
vould be able to obtain a Texas Drivers License with proof of
Cruz-Aedo replied that the Texas Department of Public Safety
zlar as valid identification to obtain a drivers license at this time.
port ofthe Matricula Consular. Senator Carlos Tman also spoke
Council Member Noyola a~d Council Member Colmenero spoke in support o fthe Matricula
Consular. City Secretary Chapa pOlled the Council for their votes, and the folio, wing resolution
passed with the following vote: Ne~/l, Chesney, Colmenero, Cooper, Garrett, Kinmson, Noyola and
Scott, voting "Aye"; Kelly was absent.
39. RESOLUTION NO. 025432
Resolution recognizing the Mexican Matrieula Consular Card as a form of photographic
identification.
Mayor Neal deviated from the agenda to allow Council Member Chesney to make a motion
to reconsider Motion No. 2003-264s approved on July 22, 2003, authorizing a two-year contract with
two one-year renewal options betWeen the City of Corpus Christi, Texas and Concentra Medical
Center to provide occupational be~lth services. COuncil Member Scott seconded the motion. City
Secretary noted that this motion ~ould need to be approved by two-thirds of the Council, or six
members. City Secretary Chapa polled the Council for their votes, and the following motion passed
with the following vote: Cbesney~ Colmenero, Cooper, Garrett, Noyola and Sc. oR, voting "Aye";
Neal and Kirmison, voting "No"; Kelly was absent.
H. MOTION NO. 2003-283
Motion to reconsider Mofiqn No. 2003-264, approved on July 22, 2003, authorizing a two-
year conffact with two one,year renewal options between the City of Corpus Christi, Texas
and Concen~ra Medical Center to provide occupational health services.
Minutes - Regular Council Meeting
August 19, 2003 - Page 11
Council Member Chesney ~nade another motion to schedule the item for the August 26
Council meeting to allow for more public dialogue. Council Member Scott seconded the motion,
and the motion passed 7-1, with M~yor Neal casting the sole dissenting vote and Mr. Kelly absent.
Mayor Neal referred to Iter$ 25 regarding the ad valorem tax rate, and a motion was made,
seconded and passed to open the p~blic heating on the following:
25.a. Public Hearing on the ad vi
City Manager Noe said tha~
fully with the requirements of the '
actually need to be held at next we
There was no public comment.
hearing, seconded by Council Men
Chapa polled the Council for their
Neal, Chesney, Cooper, Garrett, IG
were absent.
lorem tax rate.
staff's recommendation was to reschedule the item to comply
['ruth in Taxation Law. He said that the public hearing would
.~k's meeting on August 26 and the vote taken on September 9.
'~ouncil Member Chesney made a motion to close the public
~ber Cooper. The motion passed unanimously. City Secretary
otes, and the following motions passed with the following vote:
maison, Noyola and ScoR, voting "Aye"; Colmenero and Kelly
25.b. MOTION NO. 2003-280
Motion amending Motion 1~o. 2003-267 rescheduling the date of the adoption of
the
ad
valorem tax rate of $0.644175 per $100 valuation from August 26, 2003 to September 9,
2003.
25.c. MOTION NO. 2003-281
Motion amending Motion 1~o. 2003-268 rescheduling the public hearing on the ad valorem
tax rate from August 19, 20~3 to August 26, 2003 during the regular City Council Meeting
beginning at 2:00 p.m. at City Hall, 1201 Leopard Slxeet, Corpus Christi, Texas.
Mayor Neal referred to Item 26 regarding a street right-of-way, and a motion was made,
seconded end passed to open the pt~blie hearing on the following item:
26.a. Public hearing to consider v~cating and abandoning a 1.314 acres ~'act ofland ora dedicated
40-foot wide undeveloped public street fight-of-way out of Lots 14,15,16,17,18, & 19,
Section 22, Flour Bluff and Encinal Farm and Garden Tracts.
Assistant City Manager Margie Rose explained that the city had received a request from a
developer interested in vacating anc~ abandoning this particular property in anticipation of the future
development of King's Garden Subdivision. City Engineer Escobar added that this was an existing
right-of-way and the closure would i allow the daveloper to develop the subdivision. There was no
public comment. A motion was nmde, seconded and passed to close the public hearing. City
Secretary Chapa polled the Counci~ for their votes, and the following ordinance passed with the
following vote: Ne, al, Chesney, C01menero, Cooper, Garrett, Noyola and Scott, voting "Aye";
Kinnison and Kelly were absent.
/
Minutes - Regular Council Meeting
August 19, 2003 - Page 12
26.b. ORDINANCE NO. 025425
Ordinance vacating and abandoning a 1.314 acres Iract of land of a dedicated 40-foot wide
undeveloped public street right-of-way out of Lots 14,15,16,17,18 & 19, Section 22, Flour
Bluff and Encinal Farm and Garden Tracts; subject to compliance with the specified
conditions and the owner r~platting the property within 180 days at its expense.
Mayor Neal referred to Iterp 27, and a motion was made, seconded and passed to open the
public hearing on the following:
27.a. Public hearing to consider !vacating and abandoning a 34,404.18-square foot portion of a
dedicated 60-foot wide un~e. veloped right-mm public right-of-way between Blocks B and
C, Island Business Center, Unit 1.
There was no public commgnt. Council Member Cooper made a motion to close the public
hearing, seconded by Council Member Scott. The motion passed unanimously. City Secretary
Chapa polled the Council for thei~ votes, and the following ordinance passed with the following
vote: Neal, Chesney, Cohnenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Kelly and
Kinnison were absent.
27.b. ORDINANCE NO. 025426
Ordinance vacating and ab~mdoning a 34,404.18-square foot pon'ion of a dedicated 60-foot
wide undeveloped right-turn public right-of-way between Blocks B and C, Island Business
Centex, Unit 1; subject to c6mpliance with the specified conditions and the owner replatting
the property within 180 days at its expense.
Mayor Neal referred to Item 28, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0603-02. Mike Yarbroue~h: A change of zoning from a "R-lB" One-family
Dwelling District to a "B-I' Neighborhood Business District on Yarbrough Addition, Lots
4 and 5, located on the we~t side of Airline Road and 600 feet south of Holly Road.
City Secretary Chapa said the Planning Commission and staffrecommended the approval
oft.he '~B-I" Neighborhood Business District. No one appeared in opposition to the zoning change.
Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chasney, and passed. Mr.
Chapa polled the Council for their votes, and the following ordinance passed with the following
vote: Neal, Chesney, Colmenero, Cooper, Oarrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly
was absent.
28. ORDINANCE NO. 025427
Amending the Zoning Ordinance upon application by Mike Yarbmugh by changing the
zoning map in reference tO Lots 4 and 5, Yarbrough Addition, from "R-lB' One-family
Minutes - Regular Council Meeting
August 19, 2003- Page 13 ~
Dwelling District to "B-1" ~eighborhood Business District; amending the comprehensive
plan to account for any deviations from the existing comprehensive plan.
Mayor Neal referred to Iter 129, and a motion was made, seconded and passed to open the
public hearing on the following zo:
Case No. 0603-04. Paul S.'
District and "B-I" Neighbe
General Business District o~
at the southeast comer of H
ting case:
~'era: A change of zoning from a "R-lB" One-family Dwelling
rhood Business District with a "SP" Special Pei:mit to a "B-4"
~ Laguna Acres, Blcck 1, Lot 12 and a portion of Lot 11, located
~me Road and Teresa Street.
, City Secretary Chapa said t~e Planning Commission and staff recommended the denial of
' B-4" District, and in lieu thereof~ approval of a revised Special Permit on Lot 12 to include a
portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct
the building expansion setback sub~ect to a site plan and 10 conditions.
Mr. Michael Gunning, Dir ~etor of Planning, said that the original Special Permit was
approved in May 1998 for an aut ) repair facility, limiting the building to 2,400 square feet.
However, Mr. Gunning said that so~ ~etime in 1996, the applicant expanded the building without the
benefit of a building permit, addint an additional 2,071 square feet. He said that the addition was
encroaching on another lot that w,' s not properly zoned. He stated that the applicant had gone
through the rezoning process once again to correct these violations. First, he submitted a plat
application to replat the property. S~cond, he must also comply with the screening fence ordinance
and obtain a building permit for the illegal structure added on to the building. Mr. Gunning said that
these conditions were included in ~e language of the special lCm~iuit, and the applicant would be
given 180 days to comply with all c!~. codes and ordinances. Mr. Groining noted that there had been
a long history of complaints about this property from the neighborhood. He said that there was 14.5
percent opposition from the neighbbrhood.
Mayor Neal asked Mr. Gunr
Mr. Gunning replied that Mr. Vera
time, he said that the Special Permit
He stated that Mr. Vera had been
He was issued a notice that he was
Vera had actually built the illegal.,
Mayor Neal remarked that Mr. Vet
ing how long Mr. Vera's property had been out of compliance.
nad been out of compliance since December 12, 2000. At that
~as approved subject to ten conditions for both Lots 11 and 12.
~en 180 days to comply with the conditions and failed to do so.
in violation sometime in 2001. Mayor Neal asked when Mr.
tructure. Mr. Gunning replied that it was sometime in 1996.
~ had been in violation of the city's codes and ordinances for
seven years. In response to Ma r NeaPs question, Mr. Gunning said that the applicant was
~equesting an additional 180 days tolcome into compliance. Mayor Neal asked what would happen
if the Council denied his request. Iv~. Gunning replied that Mr. Vera would have to cease operations
of an auto repair use and the addition would have to be removed.
Mayor Neal commented that]he had spoken with several Planning Commissioners about the
city's failure to enforce its codes and ordinance. He said that the Council had been extremely
lenient, as other Councils had been before, to allow citizens to make major changes to
neighborhoods through special permitting. He added that the city then would go years without
enforcing the requirements of the special permit. He stated that this was creating a total lack of
credibility in the community becauSe the city was so lax with its enforcement. He cited this case
-13-
Minutes - Regular Council Meeting
August 19, 2003 -Page 14
as a perfect example of this type o(situafion. He emphasized that at some point, the city was going
to have to start enforcing its regulations. He said that he hoped that the new Environmental Court
and other changes would ~ruly emphasize enforcement to convince the citizens that they would have
to comply with the conditions in special permits or else face the consequences.
Council Member Colmen¢
Vera had come before the Counci'.
the building into compliance. He ~
in compliance. Council Membe
condition. He told Mr. Gunning fl
have to follow-up to ensure comp,
ro agreed with Mayor Ncal. He recalled that the last time Mr.
in 2001, he had assured the Council that he was going to bring
~.marked that now it was 2003, and once again Mr. Vera was not
· Colmenero commented that the building was in deplorable
at if the Council was to approve this special permit, staffwould
iance this time.
Council Member Noyola asked Assistant City Manager Margie Rose what the co ..nseq~uences
would be if Mr. Vera did not comply with the conditions stipulated in the special penmt a/ret 180
days. Ms. Rose replied that the special permit would be considered null and void, and the applicant
would be limited to uses allowed i~ the original zoning. Council Member Noyola said that he was
in support of giving Mr. Vera the aOditional 180 days, with the understanding that this would be the
last opportunity the Council would~ffer him to get into compliance. Council Member Noyola noted
that Mr. Vera did provide a service to the community, but that he must abide by the city's
regulations. He asked if code enfprcement would fo[Iow-up in sixty days to remind Mr. Vela to
meet his obligations. He emphasis/ed that this business and the neighborhood were in his dislrict,
and he wanted the issue resolved.
Council Member Kinnison asked what the process would be if the Council approved this
request and Mr. Vera was found to be out of compliance in 180 days. Acting City AtWrney Reining
replied that if Mr. Vera did not meet all of the conditions of the special permit within 180 days, the
city could start citing him for vi~lations. In response to Mr. Kinnison's question, Acting City
Attorney Reining said that at this point, the city would be beginning a criminal court proceeding that
could drag on for months. Mr. K/nnison said that he was not in support of granting the special
permit today because whether he ¢omplied or not, Mr. Vera could drag the process out for years.
City Manager Noe noted that a compounding factor was that the city's practice has been to suspend
enforcement of the regulations if a~n individual has been cited for non-compliance but has applied
for the correct zoning. Council Member KJnnison asked City Manager Noe to comment on whether
other cities grant special permits as frequently as the City of Corpus Christi seemed to do. City
Manager Noe replied that the situption was a function of a variety of factors. He said that part of
the problem was that the Development Ordinance and the Zoning Code were antiquated. He noted
that the Council had authorized funding for a re-write of these items, which will hopefully address
many of these issues and not require as many special exceptions. However, he said that there was
more of a desire to grant special permits in Corpus Christi than he had seen in other cities.
Council Member Chesney asked why the Council couldn't table this item for sixty days but
thon start with the legal proceedings now. If Mr. Vera were to comply in sixty days, Mr. CheaneY
proposed stopping the proceedingsi City Manager Noe replied that another alternative would be to
deny the special permit now and allow the enforcement to proceed. Council Member Chesney
suggested that the Council table the item for sixty day and start legal proceedings or vote to deny
the special permit.
Minutes - Regular Council Meeting
August 19, 2003 - Page 15
Council Member Cooper s[
support of denying the special p~
Reining remarked that Mr. Vera tu
the option of giving Mr. Veto sixt3
Mayor Neal asked for publi(
Mr. Vera had hired him to handle th
compliance. He said that the contr~
told him that he would handle the p
of compliance. He stated that if the
his client sufficient time to comple
Medina asked that the Council gran
180 days for compliance. Mr. Me¢
reach compliance. Mayor Neal and
given ample time to reach complia~
In response to Council Mem
that the Council could table the itert
a shorter time frame in which to re
anyway to table the item so the cl~
agreedupon date. City Manager Nc
to see if it was feasible. Council M
item for one week to allow staffthe
Council could postpone proceedi
applications was still pending, but
storage. Mr. Garrett asked Mr. ]
regulations this time. Mr. Medina
oke in support of Mayor NeaPs comments. She said she was in
mit and proceeding with enforcement. Acting City Attorney
d filed a plat application which would take time to process, so
days to reach compliance might be unrealistic.
comment. Mr. Victor Medina, 2460 Cricket Hollow, stated that
; replatting so that he could obtain a building permit and get into
:tor Mr. Vera had hired to complete the building expansion had
,'~itting but failed to do so. Since then, Mr. Vera had been out
Council were to grant a sixty-day extension, it would not allow
e the platting process and obtain a building permit. Thus, Mr.
:the staffand planning commission's recommendation to allow
ina said that he would guide Mr. Vera to ensure that he would
Council Member Scott both commented that Mr. Vera had been
Ice.
~er Chesney's question, Acting City Attorney Reining suggested
for 90 days instead of 180 days if they wanted to give Mr. Vera
teh compliance. Council Member Chesney asked if there was
:k would keep nmning so that he would have to comply by the
e replied that staffwould need more time to research this option
ember Chesney suggested that the Council could postpone the
time needed. Acting City Attorney Reining suggested that the
lgs solely on the building permit issue since the platting
could proceed on the other violations such as illegal outside
iedina if he thought that Mr. Vera would comply with the
eplied affu'matively.
Council Member Noyola made a motion to postpone this item for one week, seconded by
Council Member Colmenero, and the motion passed 7-1, with Ms. Cooper casting the sole dissenting
vote and Mr. Kelly absent.
29.
POSTPONED FOR ONE
IYEEK
Mayor Neal referred to Item 30, and a motion was made, seconded and passed to open the
public hearing on the following zorling case.
Case No. 0603-06. Coastal Kinm Ltd.: A change of zoning from a "B-l" Neighborhood
Business District and "A- 1" Apartment House District to a "B4" General Business District
on Roseland Place, Block 4, Lots 3 and 5, located west of Crosstown Expressway and at the
northeast intersection of Hotne Road and Rambler Street.
-15-
Minutes - Regular Council Meetin~
August 19, 2003 - Page 16
City Secretary said that sta~
ofa "B-4" General Business Dislr
Cooper made a motion to close th
Chapa polled the Council for theh
vote: Neal, Chesney, Colmenero, £
was absent.
30. ORDINANCE NO. 02542:
'and the Planning Commission were recommending the approval
ct. No one appeared in opposition to the zoning change. Ms.
~ public hearing, seconded by Mr. Chesney, and passed. Mr.
votes, and the following ordinance passed with the following
ooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly
Amending the Zoning Ord~umce upon application by Coastal King, Ltd. by changing the
zoning map in reference tolRoseland Place, Block 4, Lots 3 and 5 from "A-l" Apa~hs~ent
House Dislrict and "B-l" Neighborhood Business District to "B-4" General Business
District; amending the comprehensive plan to account for any deviations from the existing
comprehensive plan.
Mayor Neal referred to Item 31, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
(~a~e No. 0603-07. Joe Adame: A change of zoning from a "B-3" Business District and "B-
4" General Business DistriCt to an "I-2" Light Industrial District on Island Business Center,
Block A, Lot 8, located noflh of Knickerbocker Street and 200 feet east of Waldron Road.
City Secretary Chapa said'
denial of the "1-2" Light Induslria
distribution/warehouse facility sul
to explain how this item would ad
this was an exciting project aimed
hat staffand the Planning Commission were recommending the
District, and in lieu thereof, approval of a special permit for a
~ct to three (3) conditions. Mayor Neal asked Mr. Joe Adame
tess some specific needs at the Army Depot. Mr. Adame said
at relocating some of the private service providers at the Army
Depot because of security issues related to 9-11 and the lack of facilities. No one appeared in
opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded
by Ms. Cooper, and passed, city Secretary Chapa polled the Council for their votes, and the
following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett,
Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
31. ORDINANCE NO. 025429
Amending the Zoning Ordinance upon application by Joe Adame by changing the zoning
map in reference to Island Business Center, Block A, Lot 8, (currently zoned "B-3"
Business Dislxiet and "B-4" General Business Dislrict) by granting a special permit for a
distribution/warehouse facility subject to three (3) conditions; amending the comprehensive
plan to account for any deviations from the existing comprehensive plan.
Mayor Neal referred to Item 32, and a motion was made, seconded and passed to open the
public hearing on the following zOning case:
Case No. 0603-08. Robert and Dahlia Schulte: A Specific Use Pe~iiiit for a Bed and
Breakfast Home with SpeCial Events on Markamay Estates, Lot 2, located on the west side
/
Minutes - Regular Council Meeting
August 19, 2003 - Page 17
of Ocean Drive approxima!
City Secretary Chapa said t
approval of a Specific Use Permit ~
site plan and twelve (12) conditio~
requesting that the item be tabled ~
a lengthy discussion regarding this
his understanding was that the pn
ord'mance on September 11, 2003.
compliance since that time. Mr. Gt
but around the latter part of 2002, ti
Sehulte, who was purchasing the I:
Gunning replied that as soon as st~
place, code enforcement officers re
remarked that he understood that th
owner being allowed to operate sI
affirmatively. In response to Mayol
the owner. Mayor Neal comment
enforcing its ord'mance.
ely 200 feet south of Hewit Drive.
mt the Planning Commission and staffwere recommending the
bra Bed and Breakfast Home with Special Events subject to a
~. Mr. Chapa noted that the applicant had submitted a letter
nfil October 14, 2003. Mayor Neal noted that the Council had
property when the Bed and Breakfast Ordinance. He said that
perty was deemed to be out of compliance with the existing
Mayor Neal asked Mr. Gunning if the property had been in
nning replied that they were in compliance for a period of time,
~ey commenced having special events with a new operator, Mr.
roperty. Mayor Neal asked if the owners had been cited. Mr.
ff started receiving complaints that special events were taking
aroed to the property and cited the new operator. Mayor Neal
xe was a sale pending on the property was contingent upon the
)ecial events and a bed and breakfast. Mr. Gunning replied
Neal's question, Mr. Gunning said that Dr. Shoemaker was still
,'d that this case was another instance where the city was not
City Manager Noe said that the agreement staffreaehed with Dr. Shoemaker last time was
to allow him to follow through on five special events that he had already scheduled and then he
would cease and desist from havin$ epecial events. Mr. bloc stated that there were no complaints
for an extended period of time. He,id that he suspected that the change in ownership or operation
had led to the resumption of the Sl~cial events and the subsequent complaints. Mr. Noe said that
code enforcement officers were sent to investigate and found violations. In response, the operators
had applied for the change in zoning before the Council today so they could come into compliance.
Council Member Scott mad~ a motion to table this item until October 14, 2003 to allow the
operator to address the objections recently raised, and Mr. Cheaney seconded the motion. Mayor
Neal commentod that this action would allow Mr. Schulte to continue operating in violation of the
ordinance. Council Member Scott ~sked for clarification. City Manager Noe replied that the city's
practice has been to abate all enforcement until the set date. Mr. Gunning added that he had advised
Mr. Sehulte that he should not hold any more special events until the zoning issues are resolved.
Council Member Chesney observed that this case has gone before the Planning Commission
for two heatings yet no one appeared in opposition to the zoning change. Mr. Chesney that most
of the objections had been raised wilhin the last twenty-four hours. He said that tha concerns needed
to be addressed and the Schultes needed the opportunity to speak as well. He supported the motion
to table.
Council Member Kinnison asked if the Council could direct staffto enforce the condition
regarding special events until the new hearing date of October 14, 2003, rather than abate them as
has been the practice. City Manag~ lqoe replied affu-mafively. Council Member Kiunison spoke
in support of this option, saying that it should be made dear to the applicant that any violations
between now and October 14, 2003 would have serious consequences.
-17-
Minutes - Regular Council Mee '~g
August 19, 2003 - Page 18
Council Member Colmem
allow for more time to address the
informed him that there was some:
client was requesting time to talk ~
asked if anyone could verify that t
14, 2003. If not, Ms. Cooper said
350 Grant, acting as attorney for fl
aforementioned date. He said that
the owners were planning to obtai
he was asking for time to speak wi~
asked for a copy of the letter.
Mayor Neal asked City Se
Member Scott could withdraw his
October 14, 2003 to allow for fu~
table. Mayor Neal asked for publi~
tax status ofthe property. Ms. Ma~
did not turn out for the Plann'mg (
stop having special events once he
ro spoke in support of tabling the item until October 14, 2003 to
aew issues. Mr. Gunning added that the applicant's attorney had
nisinformation being circulated in the neighborhood, and that his
~th the neighbors to resolve the issues. Council Member Cooper
ze applicants would not operate any special events until October
that she would vote to deny the application. Mr. Bob Wallace,
~e applicants, said that there would be no special events until the
here was some false information circulating to the neighbors that
z a liquor license and open a bar and restaurant. For this reason,
h the neighbors and refute the claims. Council Member Chesney
~etary Chapa how to proceed. Mr. Chapa advised that Council
notion to table or change it to a motion to postpone the item until
her discussion. Council Member Scott withdrew his motion to
comment. Mr. Bill Kopecky, 3609 Topeka, spoke regard'mg the
~ Albarado, 3233 Ocean Drive, said that the reason the neighbors
ommission hearings was because Dr. Shoemaker had agreed to
aad fulfilled his obligations for five previously scheduled events.
She also said a letter from the applicant's attorney, Mr. Bob Wallace, had incorrectly stated that she
and her husband were in support 6f an amended Land Use Statement. She present~l the Council
with a list of complaints about Oce~n House. Ms. Dorothy Spann, 502 Del Mar, spoke in opposition
to the applicant's request, saying ~at the Council should enforce the bed and breakfast ordinance
passed on September 11,2001. M_~. Vic Veit, 201 Baycliff, said he had just learned about the zoning
change today and spoke in opposition to the change. Mr. Bill Pettus, 102 Alta p}z?a, spoke in
support of the applicant's request for a Special Use Permit. Mr. David Berlanga, 2541 Oso
Parkway, spoke against the applichnt's request.
Council Member Scott maOea motion to close the public hearing, seconded by Mr. Chesney.
The motion passed. Council Member Scott made a motion to table this item until October 14, 2003,
seconded by Mr. Cbesney. Council Member Scott amended his motion to stipulate that the applicant
must stop having any paid special oVents until the aforementioned date. City Secretary Chapa polled
the Council for their votes, and lhe motion passed with the following vote: Chesney, Cooper,
Garrett, Kinnison, Noyola and ScOtt, voting "Aye"; Neal and Colmenero, voting "No"; Kelly was
absent.
32.
TABLED UNTIL 10/14/03
Mayor lqeal referred to Itein 33, and a motion was made, seconded and passed to open the
public hearing on the following zOning case:
om R-2 Muluple Dwelling
Case No. 0703-01. Bryan Tucker: A eh _~ge of zoning fr a" " '
-18:
Minutes - Regular Council Meetin
August 19, 2003 - Page 19
District to a "R-lC" One-t
Garden Tracts being 6.60 a~
of County Road 26a and ea
City Secretary Chapa said t
approval of a "R- lC" One-family I
change. Ms. Cooper made a motio~
motion passed. City Secretary Chal
passed with the following vote: Nee
Scott, voting "Aye"; Kelly was ab~
33. ORDINANCE NO. 02543~
Amending the Zoning Ordit
map in reference to Flour B
of Lot 14, Section 26, frc
Dwelling District; amendin1
existing comprehensive pla
lraily Dwelling District on Flour Bluff and Eneinal Farm and
xes out of the south portion of Lot 14, Section 26, located north
~t of Quail Springs Drive.
mt the Planning Commission and staffwere recommending the
)welling District. No one appeared in opposition to the zoning
~ to close the public hearing, seconded by Mr. Cheaney, and the
a polled the Council for their votes, and the following ordinance
i, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and
mt.
ante upon application by Bryan Tucker by changing the zoning
luffand Encinal Farm and Garden Tracts, being 6.60 acres out
m "R-2" Multiple Dwelling District to "R-lC" One-family
the eomprebensive plan to account for any deviations from the
Mayor Neal referred to Iten~ 34, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0703-02. D & J l and Company. Inc.: A change of zoning from a "R-lB" One-
family Dwelling District t¢a "B-l" Neighborhood Business District on Tract 1, "B-4"
General Business District ox Tract 2 and "T-lC" Manufactured Home Subdivision on Tract
3. The property is on H.L. ~-mey Lands, Don Palricio Subdivision, being 33.64 acres out
of Parcel 1, located south o 'Interstate Highway 37 and west of Lantana Street.
City Secretary Chapa said ti
approval of a '53-1" Neighborhood 1
Tract 2 and "T- 1C' Manufactured E
zoning change. Council Member C
Council Member Cooper, and passe
the following ordinance passed w
Garrett, Kinnison, and Noyola, voti
at the Planning Commission and staffwcre recommending the
~usiness District on Tract 1, '53-4" General Business District on
omc Subdivision on Tract 3. No one spoke in opposition to the
lesney made a motion to close the public hearing, seconded by
:1. City Secretary Chapa polled the Council for their votes, and
th the following vote: Neal, Chesney, Colmenero, Cooper,
ag "Aye"; Kelly and Scott were absent.
34. ORDINANCE NO. 025431 ~
Amending the Zoning Ordinance upon application by D & J Land Company, Inc. changing
the zoning map in reference ~o H.L. Kinney Lands, Don Patrieio Subdivision, being 33.645
acres out of parcel 1, from '*R-lB" One-family Dwelling District to '53-1" Neighborhood
Business District on Tract i1, "B--4" General Business District on Tract 2 and "T-lC"
Manufactured Home Subdivision District on Tract 3; amending the comprehensive plan to
account for any deviations fi.om the existing comprehensive plan.
The Council took a brief recess. The Council returned from recess, and Mayor Neal referred
to Item 35 regarding amendments ~o the Zoning_l ~_d Platting Ordinances. A motion was made,
Minutes - Regular Council Meet'~g
August 19, 2003 - Page 20
seconded and passed to open the '. )ublic hearing to consider text amendments to the Zoning and
Platting Ordinances related to aI plicable fees. Mr. Michael Gunning, Director of Planning,
explained that this was a streamlin ing amendment to the Zoning and Platting regulations. He said
that currently the fees relating to I:,oth sets of regulations are contained within the ordinances. To
change the fees now, staff has to
ordinance would place all the zoni
other city fees were located. He st
by the Council and the budget offic
and passed to close the public hem:
the following ordinances were pas
Colmenero, Cooper, Garrett, Kinn
35.b. FIRST READING ORDIb
35.c.
;o through a lengthy public hearing process. He said that this
ag and platting fees in the city code of ordinances where all the
id that this action would facilitate the annual review of the fees
:. There was no public comment. A motion was made, seconded
ng. City Secretary Chapa polled the Council for their votes, and
;ed on their fn'st reading by the following vote: Neal, Chesney,
ison, Noyola and Scott, voting "Aye"; Kelly was absent.
ANCE
Amending the Zoning Ordnance by deleting the published fees.
FIRST READING ORDIiX ANCE
Amending the Platting Ordinance by deleting the published fees.
Mayor Ncal referred to the
regarding the County Veteran's Se
on the services and benefits provk
office has relocated to the Nueces (
spread the message about the servi
Neal suggested that Mr. Chapa al
spread his message.
presentations on the day's agenda. The first presentation was
rvices Office. Mr. Abel Chapa, 902 Brock, briefed the Council
ed by the County Ve~'an's Services Office. He noted that the
'.ounty Courthouse, Suite 101. He asked the Council to help him
:es his office offered so that more veterans could enroll. Mayor
Do avail himself of public access television as another way to
The socond presentation ~as regarding the Neighborhood Initiative Pilot Program in the
Cunningham and Chula Vista Neighborhoods. Ms. Mary Dominguez, Director of Neighborhood
Services, said that she had been lo~king forward to briefing the Council on this pilot program. Ms.
Dominguez reported that the area ~onsisted of more than 1000 properties bounded by Crosstown
Expressway, Home Road, Golliha~ Road and Ch'conwood Drive. She said that estimated population
of the area was 3,300. She noted that the area was surrounded by the following three school
campuses: Chula Vista Elementary, Mary C,-rett School and Cunningham Middle School.
Ms. Dominguez proceeded to describe the process used. She reported that residents were
given the opportunity to voice con,ems and opinions in a neighborhood meeting. She said that the
residents identified the followinl~ issues: relatively high crime area; open storage of vehicles;
sinkholes; sidewalks; drainage; gra~ti "tagging"; need for an "Adopt-a-Park"; speed humps needed;
additional lighting needed; noise levels in the late hours; and sWay dogs and cats, improper leashing
of dogs.
Aflerwar~ an assessment offthe area was conducted by city deparlments. She stated that the
Neighborhood Services department determined needs such as care of property; vacant lots and
-20-
Minutes - Regular Council Meeting
August 19, 2003 - Page 21
buildings; siguagc; junk vehicles ,'
needs in the areas of vision obsw
needed; and speed bump installati¢
areas of stray cats and dogs, dog dca
a relatively high crime neighborho~
debris and open storage ofvehicle~
Subsequently, Ms. Domin~
concerted effort to improve the
Neighborhood Services advised pro
opportunity to resolve these violati,
buildings and facilitated the dispo~
violations. She said that of 280 v
currently in resolution. The Health
Recreation department cleaned the t
concerns. The Engineering departn
existing street light fixtures and beg
department increased pa~'ols. The
~d other detriments. The Engineering department determined
ction; sidewalk and street passage; new lighting or upgrades
~. She said that the Health department determined needs in the
hs and breeding. The Police department identified that this was
d. The Solid Waste depar~nent cited problems in the areas of
auto parts, rubbish, mattresses and home appliances.
tez reported that these city departments teamed up and made a
~eighborhood from May 9-30, 2003. She stated that the
~erty owners of violations and informed them that this was their
~ns without being fined. She said that staffboarded up vacant
;al of garbage, towing of inoperable vehicles and correcting
olations identified, the number was reduced to 91 violations
department increased animal patrols in the area. The Park and
ark and met with residents regarding "Adopt-a-Park" ideas and
tent installed seven new street light fixtures, upgraded the five
a a survey and petition for speed hump.installation. The Police
Storm Water department formulated future plans including
hydraulic analysis and possible re ~lacement of curbs and gutters. The Solid Waste department
scheduled pick-up of all items except housohold haTardous waste. She said that 116.76 tons of
debris were collected and 4.34 tons ~ftires were collected. Finally, Ms. Dominguez reported that
the SWeet department repaired potholes, painted crosswalks and replaced and cleaned signs. She
said that follow-up efforts were still underway.
Ms. Dominguez concluded bcr presentation by saying that the coordination among the
departments yielded excellent results in a short period of time. City Manager Noe added that over
· 200 junk vehicles in the area that wi~re removed voluntarily once the residents were notified. He
said that before the pilot program, thcre was regular gang activity and drive-by activity. Mr. Noe
said that he spoke with Pulice Chief~lvarez last week, and he said that there was not a single drive-
by since the program was in place. He said this program exemplified what the city could achieve
if the community policing program land the rest of the departments and focused their efforts on a
neighborhood to make a significant impact. He said that the goal was to take this model and apply
it to other neighborhoods throughout the year on an on-going basis. Over the next several weeks,
City Manager Noe said that staffwa~ going to identify the next four or five other neighborhoods to
focus on, in conjunction with the Police depm'h~ent, and present the Council with an annual program
beginning in Octobcr.
Mayor Neal asked if there Was a direct patrol officer assigned to this neighborhood. Ms.
Dominguez replied affirmatively, s;ying that he operated out of the Curmingham area. Council
Member Cooper spoke in support of the pilot program, saying she had never seen results like this
with any other program. Council M~mber Noyola spoke in support of the program and encouraged
staff to apply this program in other n~ighborhoods. He thanked staff and City Manager Noe for their
efforts.
Council Members Colmenero and Garrett also spoke in support of the program. Council
Member Garrett asked if the reduction in gang activity could be maintained. City Manager Noe
replied that the city needed to maintain contact with the neighborhoods, working with the direct
-21-
!
Minutes - Regular Council Meetin~
August 19, 2003 - Page 22
patrol officer and the residents to i~entify any new problems. Assistant City Manager Rose added
that when staff had a follow-up n~eeting with community, she said that staff made sure that the
residents knew who the code enfor~cement officer was for the area to promote a dialogue.
The final presentation was
Neal asked City Manager Noe to g
present, since he had a special int~
sent representatives today, includit
Mayor Neal apologized for the inc
Mayor Neal opened discuss
Officers Association (CCPOA) to ~
at 3122 Leopard Street. City Mare
recommendation to establish a mo,
He noted tha~t for the last case that ]
that there would be hearings and ot
~n the Local Homebuyers Program for city employees. Mayor
;~stpone this presentation until Council Member Kelly could be
est in this topic. Ms. Dominguez mentioned the banks who had
g Wells Fargo, GMAC, First Community, and First Commerce.
~nvenience.
}n on Item 40 regarding a variance for the Corpus Christi Police
erate an on-premises alcoholic beverage establishment located
~ Noe commented that staffwas going to bring the Council a
~ structured process for considering these requests in the future.
tad come up regarding King High School, it had been suggested
~er opportunities for the public to comment. However, Mr. Noe
said that these opportunities never materialized because once the Council authorized the variance,
TABC granted it. Mr. Noe said that in the future, these types of requests were going to be treated
more like a zoning case, with notices sent out to those potentially impacted. However, staffdid .n. ot
see the need to apply relroactive lxflicy in this case. Mr. Noe did say that he felt that variances like
these were not a good idea.
Mr. Larry Young, President of the CCPOA, told the Council that his organization operated
"The Shield". He said that they ha d applied for alcohol permit but were denied because they were
in violation of a city ordinance wh ich did not allow the sale of alcohol if the property was located
within 300 feet ora public school. [e said that the property in question was an office building that
was occasionally rented for functi~ ,us. He said that often food and beverages were available along
with alcoholic beverages. He nol ~ that most of the functions were at night and therefore after
school hours. He also said that ~ey require that two off-duty police officers be on premise 30-
minutes before, during and 30 minutes after the event. In conclusion, he requested a variance bom
the ordinance.
Council Member Garrett asked Mr. Young if this establishment would sell alcohol on a daily
basis. Mr. Young said that this woi]ld not be the case. City Secretary Chapa polled the Council for
their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero,
Garrett, Kinnison, Noyola and ScOtt, voting "Aye"; Cooper and Kelly were absent.
40. RESOLUTION NO. 025433
Resolution granting a variance under section 4-5(F), Code of Ordinances, to Corpus Christi
Police Officers' AssociatiOn to operate an on-premisas alcoholic beverage establishment
located at 3122 Leopard S~reet.
-22-
/
Minutes - Regular Council Meeting
August 19, 2003 - Page 23
Mayor Neal called for petJ
regarding illegal signs. Ms. Elizab
Mentally Ill (NAMI), spoke regard
Liles, 1321 E. Cherrystone, also n
Convention was coming to Corpus
with Captain Hook Dumpsters, spt
without permits and his objection
Mayor Ne, al opened the disc
for the development of a large-sca/
Manager Ron Massey briefed the
completed the application and will
2003. Mr. Massey noted that Mr. ~
that the city was applying for $50
cuntribution of approximately $23C
grant. Mr. Utter replied that the Te
will take action at that time. Ifappl
feasibility study. Mayor Ne, al askec
Mr. Utter replied that he thought th~
draft report on the feasibility studie~
there would be discussions on desi
tions from the audience. Mr. Jack Gordy, 4118 Bray, spoke
,'th Parr, 445 Naples, representing the National Alliance for the
lng the need for a facility to treat the mentally ill. Mr. DeWitt
presenting NAMI, informed the Council that the NAMI State
Christi on Sept. 18-20, 2003. Mr. John Torrey, 7253 Yaupon,
ke regarding the lack of enforcement at the landfill for haulers
~ the category of self-haulers versus commercial haulers.
~sion on Item 41 regarding the Regional Facility Planning Grant
e seawater desalination demonstration project. Assistant City
Council on the progress of this grant. He said that staff has
,~bmit it to the Texas Water Development Board on August 29,
'om Utter had worked on the application. Mr. Utter explained
),000, one-third of the available $1.5 million, and an in-kind
,000. Mayor Neal asked for the time line on the approval of this
aas Water Development Board will meet on September 17 and
oved, Mr. Utter said that the city would move forward with the
if Mr. Utter expected to see the TWDB designate only one city.
y would recommend all three cities. Mr. Massey added that the
. would be due in June 2004, and he anticipated that at that point
~nating one city.
City Secretary Chapa polled the Council for their votes, and the following resolution passed
with the following vote: Neal, Chest~ey, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye";
Colmenero and Kelly were absent.
41. RESOLUTION NO. 02543~
Resolution authorizing the [City Manager or his designee to submit an application for a
Regional Facility Plarming Grant in the amount of $500,000 to the Texas Water
Development Board for the development of a large-scale seawater desalination
demonstration project in Co~pus Christi with an offer to provide an in-kind match valued at
$230,000 and a total projecl costs of $730,000.
Mayor Neal opened discussion on Item 42 regarding the food and beverages services contract
for the Bayfront Plaza Convention Center and the new Multipurpose Arena. City Manager Noe
reported that staff had issued an RFP for the contract and he introduced Mr. Michael Barrera,
Procurement and General Services Manager, to discuss the process. City Manager Noe noted that
approval of this item would allow the city to negotiate with the winner of bid to management fee
arrangement as opposed to a percetltage arrangement. He said that this would ensure that the city
was the beneficiary of the net reveflue from the program.
Mr. Barrera said that staff used a three stage process to evaluate the proposals: a qualification
stage, a proposal stage, and a negotiation stage. He said that to assist staffin the evaluation process,
staff formed an evaluation committee consisting of the Convention and Visitors Bureau
-23-
Minutes - Regular Council Meetir
August 19, 2003 - Page 24
President/CEO, the Texas A&M.
Corpus Christi Athletic Director.
Convention Center Manager and E
that there would representation fi',
included through the participation ~
Council's direction was that they
available to local restaurants in tJ
statement, but he questioned why ti
Manager Jorge Cruz-Aedo replier
primary players of the facility.
members of the restaurant associat
feedback fi.om the restauranteurs ~
Corpus Christi Vice-President of Finance, the Texas A&M -
Assistant City Manager, Director of Convention Facilities,
imself. Council Member Garrett interjected that he understood
~m local restaurant owners. Mr. Barrera replied that they were
~fthe Convention and Visitors Bureau. City Manager added that
wanted the caterer to provide for open catering that would be
~e facility. Council Member Noyola agreed with Mr. Noes's
tere was no representation fi.om local restaurants. Assistant City
that staff's goal in creating the committee was to involve the
te said that staff did consult and correspond with individual
on to keep them informed. He said that he had received positive
bout staff's progress.
Council Member Kinnison remarked that the Council had instructed staffto ensure that local
caterers could cater local events. He asked ifstaffhad done this. Mr. Noe responded af~matively.
A discussion ensued regarding the use of local caterers to provide food and alcoholic beverages.
City Manager Noe asked the Council to allow Mr. Barrera to complete his presentation because it
would provide clarification.
Mr. Barrem described the qualification stage. He said that staffhad issued the Request for
Qualification (RFQ) to twenty-three companies. He said that the following eight responses were
received f~om the following companies: Ovations; Centerplate; Aramark (Fine Host); Noble Food
Services; Sunset Food Services; OameTime F&B S~rvices; and the Swanson Corporation. In
response to Council Member Scott's question, Mr. Barrem replied that Noble Foods and Sunset
Food were local companies. Mr. Barrera reviewed the qualification selection criteria, which were
the following: Company/Personnel significant relevant experience; similar facilities serviced;
understand'rog of the role within thc facilities; responsiveness to the RFQ. As a result of the review,
the following companies were deemed qualified providers: Aramark, Ovations and Centerplate.
During the proposal stage, Mr. Barrera said that staff had issued a Request for Proposal
(RFP) to the three aforementionedi firms. Each finn submitted a proposal. Mr. Barrem listed the
following proposal selection criteria: qualifications & experience; references; proposed General
Manager Candidate; responsiveness to the RFP; and the ability to meet city objectives. Mr. Bat'rem
concluded that the recommended iprovider was Centerplate, and he noted that Mr. Mike Frost,
Regional Vice-President of Operations and Mr. Michael Baker, General Manager Candidate, were
in attendance today. Mr. Barrera stated that staffwas seeking Council's approval today to proceed
with negotiations with Centerplate, focusing on the following points: local catering at the Bayfront
plata Convention Center to cunt'mue; single liquor licensing for all facilities to be implemented
(nonexclusive); management fee and incentives to be determined; projected revenue slream to be
developed.
Regarding the single liquor licensing, Mr. Barrera emphasized that it would be
nonexclusive and that Centerplate could act as the city's agent to conduct business. For a local
caterer to provide liquor, Mr. Barrera said that staffwas investigating the use of a centralized license
by these caterers. He noted that single licensing would provide the city with more control and less
liability.
-24-
Minutes - Regular Council Meetir~
August 19, 2003 - Page 25
In response to Council Men
replied that if a tenant was to reql
requirements to ensure quality end
local caterers would be issued. He ~
quality standards were met and the ]
alcoholic beverages. Mr. Colmem
point were local caterers would no!
same token, the standards shouldn'
Mr. Cruz-Aedo said that a dialogu~
could be developed to satisfy the d,
community would like to see local ~
Centerplate has introduced the idea
~ber Colmenero's question, Assistant City Menager Cruz-Aedo
~est a local caterer for a function, a schedule of standardized
standard of service would be det¢~siiined end a list of eligible
aid that Centerplate would be the city's agent to ensure that the
~cal caterer would be responsible for delivering the food and/or
ro expressed his concern that the standards be elevated to the
be able to qualify. Mr. Cruz-Aedo agreed, but said that by the
~ be so low that the quality of service would be compromised.
would have to take place to ensure that a list of qualifications
flivery standards that the city desired. He emphasized that the
:aterers collaborate with the agent. Mr. Cruz-Aedo replied that
)fusing "local branding" in the arena to promote local products.
Regarding the single liquor~icensing, Council Member Garrett remarked that there were
several restaurants in town that had ~a type of alcoholic beverage license that allowed them to cater.
He asked what effect the single liq~
replied that the restaurant could sti
license. Council Member Garrett a
the type of beverages. Assistant Ci
between the restaurant, Centerplate,
~or licensing would have on these restaurants. Mr. Cmz-Aedo
1 provide alcoholic beverages, but that it would use the city's
~ked if the restaurant would still have control over pricing and
.y Manager Cruz-Aedo replied that it would be a collaboration
the city, TABC and customer demand. Council Member Garrett
reiterated his concern that the local caterer would be forced to operate under Centerplate's license
end thus under their rules. City Menager Noe replied that the local caterer would still get the
business and still make the money, the only difference being the license they would operate under.
In response to Mr. Garrett's question, Mr. Cruz-Aedo stated that the outside caterer would be
charged, according to the current practice, a fee to provide catering. He said that the current fee was
10 percent but that staff enticipated!that the fee would be increased to offset the investment in the
new facility.
Council Member Scott expressed his concern that the process for the single liquor licensing
had not already been finalized with ~ABC. Mr. Mike Frost with Centerplate explained that the rules
and regulations were addressed in ~e TABC application process. In receiving the application, Mr.
Frost said that the stipulation on whose name was on the liquor license was based on the revenues.
Thus, Mr. Frost stated that until a colntract was in place that demonstrated where the revenue source
went, the TABC would not reveal What type of license they were eligible for so the process could
not be finalized. Mr. Scott asked where else Centerplate used this type of licensing. Mr. Frost
replied that the single llcensing waS used in Dallas. Mr. Cruz-Aedo assured the Council that staff
did not foresee eny problem in obtaining the single liquor license. He said that staffjnst needed to
negotiate under whose name the license would be. Council Member Scott expressed his concern
that it would be cost prohibitive to uSe a local catering because of the exlra fees involved. Mr. Cruz-
Aedo replied that the fees for en outside caterer would be increased to offset the city's investment
in the arena, but that staff would not consider them to be cost prohibitive. Mayor Neal asked if it
would cost the consumer more. Mr; Cruz-Aedo replied affnnnatively.
Mr, Frost emphasized that C~nterplate did not consider itself to be in competition with local
caterers. He said that they intend t9 be part of the community, work with them to build trust and
partner with them. Council Member Cooper expressed her concern that the local restaurant industry
be involved in the process. City Manager Noe said that he would be happy to send the local
-25-
Minutes - Regular Council Meeti~
August 19, 2003 - Page 26
restaurant association a draR contra~ and policies and procedures for discussion before bringing the
item comes back to Council. Mayqr Neal asked if the city has a BYOB policy. Mr. Hal Peterson,
Director of Convention Center, replied that the city no longer allowed BYOB in the convention
center.
Mayor Neal asked for publ
for more information on the sing
basically involved someone work
ensued over whether this process
Council was only authorizing sU
understood Council's directive thal
that staffwould not go all the way
at this point, the first objective, loc~
objective would be attainable ifth~
suggested that the city could opt tO
ic comment. Mr. Wolfgang Buschang with Noble Foods asked
e liquor licensing process. Mr. Frost explained that process
ng under Centerplate's license to earn money. A discussion
was possible. City Manager Noe stated that at this point, the
ff to negotiate with Centerplate. He said that staff clearly
local catering be allowed and single liquor licensing. He assured
with the contract unless this was possible. Mr. Frost added that
I catering, was obtainable but it was not clear whether the second
local catering was in place. If this was the case, then Mr. Frost
keep its current practice to have multiple licensing.
Mr. Malcolm DeShields wilh the Bar-B-Q Man asked that the Council be sure to check with
the TABC to see if the proposed single liquor licensing process would be allowed. Council Member
Chesney asked that the local caterers be informed about the proposed contract.
City Secretary Chapa polled the Council for their votes, and the following motion passed
with the following vote: Neal, Che~ney, Colmenero, Cooper, Gan~R, Kinnison, Noyola and Scott,
voting "Aye"; Kelly was absent.
42. MOTION NO. 2003-282
Motion authorizing the City Manager or his designee to negotiate a conlract with Service
America Corporation d/b/a Centerplate of South Carolina to provide food & beverage
services for the Bayfi'ont PI~ Convention Center and new Multipurpose Arena in
accordance with the RequeSt for Proposal No. BI-0027-03-A.
Mayor Ne. al asked for the time flame on the negotiations. Mr. Barrera responded that staff
would bring back an agreement in approximately 30 days.
MayorNealarmouncedthattheexecmivesessionregardingthe ~norleagnebaseball
smdiumw~c~celled.
Mayor Neal called for the City Manager's report. City Manager Noe reported that there
would be three public hearings to receive citizen input on Landry's next week. He said that the
meetings would take place at the following locations, times and dates: August 25 - Moody High
School Cafeteria at 6:00 p.m., AugUst 27 - Luther Jones Elementary School Cafeteria, August 28 -
Pharaohs Golf Club Ballroom. Heialso reported that next Tuesday morning, the city would unveil
the new signs for the All-American City at the--6-en2-tr-yways to City Hall. He said that next Tuesday's
Minutes - Regular Council Meet~g
August 19, 2003 - Page 27
Council meeting would begin wit~ a joint luncheon with the Port of Corpus Christi and noted that
it would have a long agenda. 1
Mayor Neal asked City Manager Noe to comment on a letter from County Judge Terry
Shamsie regarding the jail contrac ;. City Manager Noe clarified that he had received two letters.
He said that the first letter indical ed the Judge's desire to implement a provision in the current
contract that would allow the Sheri
form a committee to do a cost revie
designate appointees. City Manage
with the designation of two staffn
Bung and Pat Eldridge. City Mana
the initiative to implement the 12-1
to forward their position in negc
acknowledgment. Mayor Neal re
agreement as the basis for the city'
Council Member Garrett a
Attorney Reining said that the city
house the individual by law once
Mayor ]',leal commented 1
collection strategy from Mr. Mark i
that Mr. McDaniel had indicated th
Delinquent. Mayor Ncal asked Mr.
and indicated that he wanted to loo~
he thought the city had been overl
comment on the final sales tax pay
comparing fiscal year to fiscal year.
where the city was not meeting but
~f, the Judge and the City Manager to appoint two individuals to
~. He said that the city had twenty days in which to respond and
: Noe said that staff was working to respond to the Judge's letter
embers with extensive experience in this area, Assistant Chief
~er Hoe said that he had received a second letter that was taking
aonth cancellation clause, which he interpreted as their vehicle
Iiatious. He said that staff was preparing a response as an
flied that he hoped staff would use the previous study of the
position.
ked if the city was required to pay the county. Acting City
was not required to pay the county because it was their duty to
~ey are magistrated.
t the Council had received a very detailed analysis of the city's
dcDaniel, Executive Director of Support Services, and he said
It there were a significant number of accounts that were Active
VlcDaniel to provide a list of these accounts on a quarterly basis,
into addressing the problems with these accounts. He said that
~, lenient in this area. He asked Mr. McDaniel if he had any
ments. Mr. MeDaniel replied that the city was 1.5 percent up
But toward the end of last fiscal year, he said there was a trend
get targets, coming up $700,000 short overall.
Mayor Neal personallythan~ed the stafffor their efforts in coordinating the Paekery Channel
Groundbreaking Ceremony. He sai4 that it was exciting to see everyone so positive end enthusiastic
about the event. City Manager Noe ~hanked JeffKaplan and the Solid Waste department, the Street
department, the Parks deparlment, Diana Garza, Yvonne Haag and Cheryl Soward.
Mayor Neal called for Coun
that the next Town Hall meeting w
himself and Council Members Coc
constituent request about a street t
CheSney asked if an executive sass
answered affirmatively. City Mana
September, and there was no opposi
:il concerns and reports. Council Member Chesney announced
mid be held on September 8 at Yeager Elementary, hosted by
per, Chesney and Garrett. He asked staffto call him about a
roblem and a problem with a bid request. Council Member
ion could be scheduled to discuss South Wharf. Mayor Neal
;er Noe asked if this could be scheduled for the first meeting in
ion. Finally, Council Member Chesoey thanked the voters and
staff, especially Tom Utter, for their work in making the Packery Channel project possible.
Council Member Scott thanl~ed staffand City Manager Noe and former city manager David
Gareia for their efforts in making Paekery Channel possible. He also thanked Mayor Neal for his
efforts in making Paekery Channel possible as well.
-27-
Minutes - Regular Council Meetin~
August 19, 2003 - Page 28
Coun. cil Member Colmene~o also said that the Packery Channel groundbreaking ceremony
was a historic day. He also thanke~ stafffor their efforts in making it possible. Mr. Colmenero also
asked City Manager Noe to speak With the RTA about the results of the streetcar tour, which he said
was very productive.
There being no further bu
Council meeting at 7:30 p.m. on ,4
~incss to come before the Council, Mayor Neal adjourned the
ugust 19, 2003.
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NO ATTACHMENT FOR THIS ITEM
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3
NO ATTACHMENT FOR THIS ITEM
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4
NO ATTACHMENT FOR THIS ITEM
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5
NO ATTACHMENT FOR THIS ITEM
-43-
6
Requested CouncJ! Action: 08/26/03
Alternate Date: 09/09/03
AGENDA MEMORANDA
RECOMMENDATION: Motion approving the lease purchase of 140 golf carts for Oso and Gabe
Lozano golf courses in accordance with Bid Invitation No. BI-0138-03, from E-Z-GO Textron Gulf
Coast, Humble, Texas for the total mount of $290,240 based on low bid meeting specification. Financing
has been budgeted by the Park and Recreation Department in FY 03-04.
BACKGROUND:
Purpose:
One hundred and forty (140) of the golf carts will be used at Gabe Lozano
and Oso golf courses. The purchase includes trading in 124 old carts. The
golf carts are budgeted in the 2003/2004 budget as lease/purchase.
The 140 golf carts will replace the complete fleet. Partial fleet replacement
is not recommended at this time due to the overall condition of the existing
fleet. Complete replacement will help standardize maintenance needs. The
average life expectancy of this type cart is 4-5 years. The fleet will be
evaluated as the 36-month lease/purchase term is closing to anticipate
replacement needs. The carts have a 4-year warranty.
Cid Invitations Issued:
Bids Received:
Pricing Analysis:
Award Basis:
Four
Three
When compared to the previous bid in 1999, pricing has remained stable.
Low Bid Meeting Specifications
EZ-Go provided the low bid meeting all City specifications with no
exceptions.
Club Car, Inc. submitted the apparent low bid but did not meet all City
specifications. They do not provide a "bumper to bumper full coverage"
warranty, could not provide the full trade in value on all trade in carts, and
do not meet the electrical specification requiring a solid-state controller.
Club Car, Inc. documented these statements as "exceptions" in their Bid
Response. Based upon previous City experience with similar "limited
warranty coverages" on golf carts, the City could expect repair costs to
accumulate up to about $25,000 per year.
Funding:
Financing will be provided by the City's lease purchase contractor. The
estimated interest rate is 2.5 %. The actual interest rate will be determined
at the time of delivery of the units. The term of the lease is 36 months. The
three-year total, including principal of $290,240 and interest of $11,322.12
is $301,562.12.
-47-
Depmhnent- Park and Recreation
Gabe Lozano Golf Center
530190-4690-35200 FY03/04
Oso Golf]Center
530190-4690-35210 FY03/04
$57,024
$47,104
Total $104,178
Procurement and G~eral Services Manager
-48-
CITY OF CORPUS CHRISTI BID INVITATION NO. BI-0138-03
PURCHASING DIVISION GOLF CARS
DESCRIPTION
Golf Cars in accordance with
Specifications No. 784
36 Volt, 4 yr. Warranty
Trade In Value
NET TOTAL
C~.UB CAR, INC.
ARLINGTON, TX
QTY LJNIT P~ICE TOTAL PRICE
140 $2,959.00 $418,460.0(
124 $1,350.00 $155,000,00
$263,460.0(
(1)
(1)
Does not provide a 'bumper
to bumper full coverage"
warranty, could not provide the
full trade in value on all trade
in certs, and does not meet
the electrical spedr~cetion
requiring a solid state
controller.
EZ GO YAHAMA GOLF CARTS
HUMBLE, TX AUSTIN, TX
UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
$2,826.00 $395,640.00
$850.00
$105,400.00
$290,240.00
$3,167.48 $443,447.20
$800.00
$99.200.00
$344,247.20
(2)
(2)
Can only provide an alterate
48 Volt System Bid. Does not
provide a "bumper to bumper
full coverage" warranty, could
not provide the full trade in
value on all trade in certs, and
does not meet the battery or
towing requirements per the
spedflcation.
-49-
Requested Council Action: 08/26/03
Alternate Date: 09/09/03
~GENDA MEMORANDA
RECOMMENDATION : (A) APPROPRIATING $109,000 IN UNAPPROPRIATED INTEREST
EARNINGS FROM WATER CIP FUND NO. 4084 FOR ELECTRONIC HANDHELD METER
READING SYSTEM; AMENDING Fy 2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE
NO. 025144 TO INCREASE APPROPRIATIONS BY $109,000; AND DECLARING AN
EMERGENCY
(B) Motion approving a supply agreeJ
Request for Proposal No. BI-0137-03,:
aent with Itron, Inc., Spokane, Washington in accordance with
br handheld electronic meter reading system based on best value
for a fixed 3-year expenditure of $109000. The term of the supply agreement shall be for three years
with an option to extend the contract for up to three additional years, subject to the approval of the
supplier and the City Manager or his designee.
BACKGROUND:
Purpose:
The City's current handheld electronic meter reading system has been in
use since 1999. The handhelds are used by the Meter Reading Division to
record customer consumption of water and gas. The units are worn and the
software is no longer functioning correctly with the City's HTE software.
Bid Invitations Issued: Three
Bids Received: Two
Pricing Analysis:
Award Basis:
When compared to the previous contract of 1999, pricing has decreased
approximately 33%.
Best Value
The evaluation team developed a matrix of the evaluation criteria. The
evaluation criteria components set forth in the bid included: (1) Risk 30%,
(2) Strategic Need 15%, (3) Technical Solution 30%, and (4) Cost 25%.
The evaluation team reviewed each RFP Proposal Response and completed
the evaluation matrix. The resulting matrix prioritized each vendor based
on the point value assigned for each criterion component in the evaluation
matrix. Vendor rankings based on this scoring method are shown in
Attachment A.
-53-
As a resu
supplier f
the City'~
well as a
The handl
memory
t of the evaluation, the team chose Itron, Inc. as the "Best Value"
)r this opportunity. Itron, Inc. provides a package that can meet
short-term software and hardware installation requirements as
long-term maintenance service and is the lowest cost provider.
telds are supplied with a state of the art 486 processor, replaceable
:ashcards, and hardware features best matched to the City's harsh
environmental conditions. The units can easily be converted to a Radio
Frequency Automated Meter Reading System which can interface with the
possible f~ture long term plans of the City.
Funding:
Water CIP Fund No. 4084
$109,000
-54-
Schedule A
CITY OF CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
ELECTRONIC HAND-HELD METERING SYSTEM
Itron National Waterworks
Evaluation Criteria MaximUm Points Points
Pointi Awarded Awarded
Risk 30 points 25.5 22.4
Strategic Need 15 points 11.7 9.6
Technical Solution 30 points 28.5 15.0
Cost 25 points 25.0 20.3
TOTAL 90.7 67.3
Total 3-Year Spend $109,000' $133,800'
*Includes cost of hand-helds, software, implementation training, and maintenance for the three year contract
pedod.
-55-
ORDINANCE
APPROPRIATING $10~1,000 IN UNAPPROPRIATED INTEREST
EARNINGS FROM WATI~R CIP FUND NO. 4084 FOR ELECTRONIC
HANDHELD METER READING SYSTEM; AMENDING FY 2002-2003
CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 TO
INCREASE APPROPRIA~rlONS BY $109,000; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION t. That $109,000 is appropriated from the unappropriated interest earnings
from Water CIP Fund No. 4084 for an electronic handheld meter reading system.
SECTION 2. That the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144
is amended to increase appropriations by $109,000.
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
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa,
City Secretary
APPROVED: August 20, 2003
Lisa Aguilar ~)
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
-56-
8
CITY COUNCIL
AGENDA MEMORANDUM
August 26, 2003
AGENDA ITEM: Motion authorizlng the City Manager or his designee to execute a twelve-
month hardware maintenance ;~greement with !he Texas Department of Information
Resources of Austin, Texas base~d upon the State s cooperative purchasing agreement in
the amount of $90,485.28. Incl~d,e? in the agreement is maintenance and replacement
support for the Police Departmerr~t s sewers and Compaq laptops.
ISSUE: Hardware must be malntained to allow for continued operation of the Police
Department's Records Management, Computer Aided Dispatching, Mobile Data,
Automated Vehicle Locator and Video Imaging Systems and to ensure that it stays
compatible with other systems. A maintenance agreement for September 1,2003 through
August 31,2004, was establishe~J with the Texas Department of Information Resources for
maintenance services of the hardware. Hewlet Packard will perform the services.
REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: On July 11, 1995, City Council authorized this agreement
for maintenance with the Texas Department of Information Resources with services to be
provided by Digital Equipment Company (DEC) at that time.
FUNDING:
Amount Budgeted
Source of Funds
$90,485.28
5210--40490-530230
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Ogilvie F. Gericke, P.E.
Director of MIS
Attachments: Exhibit A - Service Agreement
-59-
BACKGROUNDINFORMATION
The Computer Aided Dispatch and Records Management Systems run on the Open VMS
operating system and the recon
system, purchased from Digit,
upgraded and enhanced, CCP[
purchased from DEC. DEC ha=
Compaq was recently sold to
agreement was established w
~mended hardware at the time of the purchase was a VAX
il Equipment Corporation (DEC). As the system was
needed more disk space, etc. Thus, Alpha Servers were
been sold to Compaq Computer Corporation and in turn
Hewlet Packard Computer Corporation. A maintenance
th the Texas Department of Information Resources for
maintenance services of above!mission critical hardware as well as laptop units located in
public safety vehicles for whiC~h warranty coverage had expired. Hewlet Packard will
perform the services.
9
CITY COUNCIL
AGENDA MEMORANDUM
August 26, 2003
AGENDA ITEM: Motion authoriz~ing the City Manager or his designee to execute a twelve-
month software maintenance agreement with Tiburon Inc. of Fremont, California in an
amount not to exceed $82,107162. Included in the maintenance agreement are the
Tiburon modules for Records I~lanagement, Computer Aided Dispatch, Mobile Data,
Automated Vehicle Locator and Video Imaging.
ISSUE: Software must be maintained to allow for upgrades and improvements and to
ensure that is stays compatible iwith other systems. Tiburon, Inc. provided a quote for
annual maintenance from September 1, 2003 through August 31, 2004 of the City of
Corpus Christi's Tiburon applications. Tiburon, Inc. is the sole provider of Tiburon
application software maintenance.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: On November 25, 1997, City Council authorized
purchase of the Computer Aided Dispatch and Records Management Systems with
associated hardware.
FUNDING:
Amount Budgeted
Source of Funds
$82,107.62
5210-40495-530230
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Attachments:
Ogilvie F. Gericke, P.E.
Director of MIS
Exhibit A - Software Support and Maintenance Fees
Exhibit B - Schedule of Services and Charges
-63-
BACKGROUNDINFORMATION
The Records Management Sys
Police Department - offense re
data, alarms records, criminal
Dispatching is a computerized
through 911 and dispatched tc
vehicles and the Automated Vel
patrol units on a GIS mapping sl
replace outdated technology.
:em is the backbone of all information processed by the
)orts, traffic reports, supplementary reports, pawn shop
istory checks, arrest records, etc. The Computer Aided
;ystem by which information is received from the public
officers in the field. Mobile Data is the laptops in the
~icle Locator is the system used to provide locations of all
'stem. The systems were implemented in the early 90's to
-64-
10
CITY COUNCIL
A~ }ENDA MEMORANDUM
City Council Action Date: 8/19/03
AGENDA ITEM: Motion aut? izing the City Manager or his designee to execute a 36
month lease with Durrill Propert es for the facility space to operate the Municipal Juvenile
Court, in the amount of $96,71' Lease is subject to annual appropriation of funds. The
first year's funds of $32,239 ha~e been budgeted n the 2003-2004 budget of the Corpus
Christi Municipal Court through ~a state grant for that purpose.
ISSUE: The Municipal Juvenile (~ourt's lease for space renta expires on August 31,2003.
The new lease would also inclqde an increase in renta space of 826 square feet. The
renewal of the lease is needed sp the Municipal Juvenile Court has a facility to continue to
allow juvenile cases to be hearc~ in their own court by staff specializing in juvenile cases.
REQUIRED COUNCIL ACTION1 Council action is required to authorize the 36 month lease
with Durrill Properties subject to ~nnual appropriation of funds in the amount of $96,717 for
the facility space to operate the Municipal Juvenile Court.
PREVIOUS COUNCIL ACTION: Council authorized a one-year lease with two one-year
options with Durrill Properties forlthe facility space to operate the Municipal Juvenile Court
on September 18, 2002.
FUNDING: Funding is available through the Juvenile Accountability Incentive Block Grant.
CONCLUSION AND RECOMMENDATION: Staff recommends that the Council approve
the motion authorizing the 36 month lease with Durrill Properties subject to annual
appropriation of funds for the facility space to operate the Municipal Juvenile Court, in the
amount of $96,717.
Attachments: Lease Agreement
Rene Mendiola
Director of Municipal Court
-67-
Commercial Lease: Old Lipan - 226 E~terprise - Corpus Christi, TX. 78469
BASIC LEASE FORM
TERMS and DEFINITIONS
1. Parties: The parties to ~ lea.se are the 9wuer of the Property
and the tenant City 9f Corpus Christi - Municipal Court
Old Lioan. Ltd.
2. Leased Premises: Landlord leases to Tenant ~he following described real propen'y, known ns the "leased premises," along with all
its improvements:
Suites 103, containing approximately 2828 squar~ feet of rentable are~ located on the land known as 226, Enterprise ?ark~.. y,, C.o,?.us
Christi, Nueees County, Texas, which is legally described as N/A or [_] as described on attached exhibit. 'Propen'y means me emmmg
or complex in which the leased p~mises ase located, inclusive of any common areas, drives, parking areas, and walks. The parties
agree that the rentable area of the leased p~a~ses may not equal the actual or useable area within the leased pr.er~.'s~s, and may
included an allocation of common areas in the Pjruperty. A diagram of the parking area which rs on a first come barns ~s included as
Exhibit A.
3. Term:
A. Term: The term of this lease is 36 months :ommencing on Sentember 1.2003 and ending on August 31.2006.
B. Delay of Occupancy: If Tenant is uusbld to occupy the leased premises on the Commencement Date because of conslxuction
on the leased premises to be completed ~y Landlord that is not substantially, complate .o.r a pti.or ten~n~ t's ,h,oldi~ ,over of ~
leased premises, Landlord will not be liable to Tenant for such dchy and this leases vail remain enrorceame, m me event
such a delay, the Commencement Date wi]il automatically be ex-tended to the date Tenant is able to occupy the Prope~'y an
Expiration Date will also be extended by ~t like number of days, so that the term of this leases ,v.~,ainn ~nchallged. If Tena~
unable to occupy the leased premises aflgr the 30~ day after the Commencement Date because of cons~xuetion on the leased
premises to be to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased
premises, Tenant may te'r~nlnate this Ie-~,s~ by giving writ~n notice to Landlord before the leased premises become available to
be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does
not apply to any delay in occupancy caused by cleanlnE or repairs.
Rent and Expenses: The total monthly real for these premises will be $ 2,686.60.
Base Monthlv Rent: On or before the first day of each month during this lease, Tenant will pay Landlord monthly rent in the
amount of $ 2.686.60. which will x~aain the same throughout the thirty-six month lease. The first full base monthly rent is
due on or before September 1, 2003.
Prorate Rent: If the Commencement Date is on a day other th~n the f~t day of a month, Tenant will pay Landlord as prorated
rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the
Counnencement Date to the first day of the month divided by the number of days in the month in which this lease commences.
The prorated rent is due on or before the Commencement Date.
place of Pavmcot: Tenant will remit all mnounts due Landlord under this lease to:
615 S. Upper Broadway Corpus Christi, TX 78401
or to such other person or at such other place as Landlord may designate in wri6ng.
Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this
lease. Time is of the esscoce for the payment of rent. If Tenant fails to timely pay any amounts due under this lease of if any
check of Tenant is returned to Landlord by the institu6on on which it was drawn, Landlord may require Tenant to pay, in
addition to any other available remedy, all amounts due under this lease by certified funds by providing written notice ~
Tenant.
Initialed for Identification by Tenant: __ and , Landlord~--{'~R- 2 of 10
commercial Lease: Old Lipan - 226 E~terprise - Corpus Christi, TX. 78469
E. Late Char~es: If Landlord docs not actoal~y receive a rent payment at the designated place of payment within 10 days after the
date rent is due, Tenant will pay Landlord a late charge equal to 5% of the base monthly rent. Thc mailbox is not the agent for
receipt for Landlord. The late charge is not a cost associated with the collection of rent and Landlord's acceptance of a late
charge dues not waive Landlord's fight to eXercise remedies under Paragraph 20 plus $I0 per day everyday not received.
F. Returned Checks: Tenant will pay $25.
returned by the institution on which it is dx
G. Triole Net: Waived for the initial three ye~
5. Security Deposit: Upon execution of this lease
Landlord may apply the security deposit to uny a~
deposit during any time this lease is in effect to
)0 (not to exceed $25) for each check Tenant tenders to Landlord, which is not
twa for any reason, plus any late charges until Landlord receives payment.
lease term.
Tenant will pay a security deposit to Landlord in the amount of $ 0
aounts owed by Tenant under this lease. If Landlord applies any part of the security
unounts owed by Tenunt, Tenant must, within 10 day$ a-~er receipt of nolice from
Landlord, restore the security deposit to the amolmt stated. Within a reasonable time after this lease ands, Landlord will refund the
security deposit to Tenant less any amounts applie~ toward amounts owed by Tenant.
6. Taxes: Unless othenahse age-ed by the partie!, Landlord will pay all real property ad valorem taxes assessed against the leased
premises.
7. Utilities: Tenant will pay all charges for the us~ of all utility services to the leased premises and any connection charges except the
fnllowing which will be paid by Landlord: electricS, 1. ~as. water & sewer
NOTICE: Tenant should detennloc if any and all ~ecessary utilities (e.g., water, gas, electricity, telephone, sewer, etc.) are avallabl~ to
the leased premises, are adequate for Tenant's inte~nded use, and the cost to provide the necessary utilities.
Tenant's Insurance:
.,A. During all times this lease is in effect, Tenant must maintain in full force and effect:
(I). Public liability insurance from an insurer acceptable to Landlord in amount not less than
N/A on an occurrence basis naming landlord as an
additional insured; and I
(2). Personal property damage insurance for Tenant's business operations on the leased premises from an insurer acceptable to
Landlord.
B. Before the Commencement Date, Tenan{{ must provide Landlord with a copy of the insurance certificates evidencing the
required coverage. If the insurance coverage changes in any manner or deg~e at uny time this lease is in effect, Tenant must
provide landlord a copy of an insurance c.4u~ficate evidencing such change within I0 days of the change.
If Tenz. nt fails to maintain the re. quired insurance in fur force and effect at all times this lease is in effect, Landlord may: (1)
purchase such insurance coverage changes on behalf of Tenant and Tenant must immediately reimburse Landlord for such
expense; or (2) exercise Landlord's remedies under Paragraph 20.
9, Use and Hours: Tenant may use the leased premises for the following purpose and no other:
city of corpus Christi Municipal Court operations.
[] A. Tenant'S Normal Business Hours: Tenant's normal business hours are (specify hours, days of week, and if inclusive or
exclusive weekends and holidays):
Tenant will keep the leased premises open substantially during Tenant's normal business hours.
.. [] B. Building Qperating Hours: The buildin~ in which the leased premises are located maintains operating hours of (specify
hours, days of week, and if inclusive or exclusive of weekends and holidays):
N/A
If Lundlord is to provide HVAC services to the leased pre, nisus under this lease, Landlord is obligated to provide the I-IVAC
services only during the specified building operating hours.
Initialed for Identification by Tenant: and , LandlordL..pl~}= 3 of 10
Commercial Lease: Old Lipan - 226 E~terprise - Corpus Christi, TX. 78469
10. Legal Compliance:
A. Tenant mny not use or I~'rmit any part of the leased premises to be used for.
(1) Any acfivfly which is a nuisance
(2) Any activ/ty that interferes wit~
Propo~,
(3) Any activity that viola/~s any ap
owners' association rules, tenanl
{4) Any hazardous activily that wo~
that would void any such insu~
(5) Any activity that violates any a
air quality, water quality,
or is offensive, noisy, or dangerous;
. any other tenant's normal business operations or Landlord's management of the
)licable hw, rcgulntion, zoning ordinance, restrictive covenant, governmental order,
~' association rules, Landlord's rules or regulation, or this lease;
id require any insurance premium on thc Propcn'y or leased promises to increase or
~e;
flicable federal, state, or local law, including but not limited to those laws rehted lo
ions materials, wastewater, waste disposal, sir emissions, or other envirenmcntal
(6) Thc permanent or temporary sto~age of any hn~rdous material; or
(7) N/A
B. "Hazardous material" means any pollut~mt, toxic substance, hn?~rdons waste, hn~,ardoIls material, hn:'~rdons sllb~ce,
solvent, or oil as defined by any federal, ~'tate, local environmental law, regulation, ordinance, or rule existing as of the date
of this lease or later enacted.
C. La.n...dlord does..not .r.?resen! o.r wan~.t[that the. leased, premises or Proper~ conform to ,ppi/cable re~a'i¢fiens, zoning
oramances, semack lines, parking requirements, m~.'rwons ground cover ratio rexluimments, and other matters that may
relate to Tenant's intended use. Tenantlmnst satisfy itself that the leased ~remises may be used as Tenant int~nde by
indeoendenflv investigatin~ all msUers r~!~t,~4 to the use of the !~ m~-~nises or Prooertv. Tens.* a~rees that it is not
relvim~ on any warrmltv or reor~sentatinn ~cl~ bY Landlord. Iandlords a~enL or any broker eone~im, the nse of the b.a~A
n~t'ulses or Prooeny.
11. Signs:
Tenant may not post or paint any signs a% on, or about the leased premises or Property without Landlord's written consent.
Landlord may remove any t~n~-thorized ~ig~, and Tenant will promptly reimburse Landlord for any ex.se related to the
removal of any mmuthofized sig~L Any authorized sign must comply with all laws, restrictions, zoni%o ordinntmes, add any
governmental order relating to signs on the leased premises or Properly. Landlord may temporarily remove any authorized
sign to complete repai~ or alterations to the leased premises or the Property.
By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's
expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or
leased premises by or at the request of Tenant. Any sig~ that Landlord does not require Tenant to remove and that are
fixtoros become properly of the Landlord and must be surrendered to Landlord at the time the lease ends.
12. Access by Landlord:
During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but
not limit~l to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or
purclutscrs. Landlord may access thc lensod premises after Tenant's normal business hours with Tenant's permission or to
complete emergency repah~. Landlord will not unreasonably interfere with Tenant's business operations when accessing the
leased premises.
B. During the last 60 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased preraises.
13. Move-la Condition: Tenant has inspect~ the leased premises and accepts it in its present (as-is) condition unless expressly noted
otherwize in this lease. Landlord and any aaent hav~ made no exoress or implied warranties as to the condlt/no or ~ermiRed use of th,~
leased oremises or Prooen"v.
Initialed for Identification by Tenant: __ and ', Landl°rd:-70- 4 of 10
Commercial Lease: Old Lipan - 226 E~erprise - Corpus Christi, TX~ 78469
Move-Out Condition and Forfeiture of Tenant's Personal Property:
At the time this lease ends, Tenant will ~urrender the leased premises in the same condition as when received, normal wear
and tear accepted. Tenant will leave the leased premises in a clean condition free of all tints/a, debris, personei property,
ha7ardousmaterlal%andenvironmental¢ontaminants. Before this ]case ends, Tenantwill [~ [] will not provide Landiord
with a report, by an environmental engin~g,n' or assessor acceptable to Landlord, dated not earlier than 20 days before the date
this lease ends that indicated that no ba?a~'~ dous material or other environmental bn?nrd is on or affects the leased premises.
B. If Tenant leaves any personal prop~'~lin th~ leased pr~aises after Tenant surrenders possession .o.f. the l.e~d premises
Landlord may: (1) require Tenant, at '~enant s expense, to remove the personal propen3, by providing written uoUce to
Tenant; or (2) retain such personal prop~tay as forfeited property to Landlord.
C. "Surrender" means vacating the leased premises and retwning all keys and access devices to Landlord. "Normal wear and
tear" means deterioration that occurs witlout negligence, carelessness, accident, or abuse.
By providing written notice to Tenant b~fore this lease ends, Landlord may requiro Tenant, upon move-out and at Tenant's
expense, to remove, without damage to ~he Property or leased premises, any or all fixtures that were placed on the PropeRy
or leased pren~ises by or at the request o~f Tenant. Any fixtur~ that Landlord does not require Tenant to remove become the
property of the Landlord and must be sun'e~dered to Landlord at the time this lease ends.
E. Tenant will remove judge's bench from the leased premises at the conclusion of the lease.
15. Maintenance and Repairs:
A. Cleaning: Tenant must keep~the leased premises eieaa and sanitary and promptly dispose of all garbage in appropriate
receptacles. [] Landlord [] Tenant will provide, at its expense, five day a week janitorial services to the leased premises.
B. Repai~ and Conditions Caused by a Pim'v:. Each party must promptly ~ a condition caused, either intentionally or
negligently, by that party guests, patrons, invitees, and COhen'actors or permitted subtenants.
Renair and Maintenance Resoonsibllitv:. Except as provided by Paragraph 15B, the party designated below, at its expense, is
responsible to maintain and repair the following specified items in the leased premises. The specified items must be
maintained in: (i) clean condition; (ii) good repair;, and (iii) op~"cable condition. If a modification to any of the specified items
is required; by law, or govermnental regnilation or order, the pax~ designated to maintain ~ item must complete and pay Se
expense of the modification. The specified items include and relate only to real property m the leased premises. Tenant ~s
responsible for the repair and maintenan0e of its pcrsoanl properS.
N/A
(1) Foundation, ~xterinr vadls, roof, and other structural components []
O) Fire protection equipment and fa~ sprinkler syatem~ []
(4) Exte~or & ov~head doo~, including ¢~ d~'ic~, molding, Iock~ and hardvn~ []
(5) Crmund~ maintenance, including landscaping, and g~und sprinkl~n~ []
Landlord Tenant
Imitialed for Identification by Tenant: __ and., , LandlordL_/_/.l~,.' 5 of 10
Commercial Lease: Old Lipan - 226 *nterprise - Corpus Christi, TX. 78469
N/A L~ndlord Tenant
(6) Interior doors, including closure devices, flames, moldiqg, locks & hardwa~
(7) Parking ar~s and walks
(8) Plumbing ~ drainage vf'~ten~, ¢lecuical v/~temz
(including ballast and lamp r~placem~0 and mechanical
systems, thog specifically clesignat~ othew4~
(9) H~ating Vmtilatio~ and Air Conditioning (HVAC) systems
(10) Signs
(I 1) Extermination and tgst oontrol, excluding
wood-destroying insets
(12) Storage yards and storage buildings
(13) Wood-destroying im~t w~a~at and ~
(14) Cranes and r~bued sy~t~ns
(15) N/A
(16) All other items and systems
[] [] []
[] [] []
[] [] []
[] [] []
[] [] []
Do
Repairs must be completed by trained, qualified, and insured repair persons.
~if T .¢~.t is ~r ~ ~¢spo, ns.i.'ble to maintain tbe I-IVAC syst~, Tenant ~ is ~'~ is not r~quir,
mmDmm~ al l~S expense, a regRlarly scncx:mea maintenance and service contract for the HVAC system. The mnintensnc&
serwce contract must be purehased fi~m HVAC maintenance-company that regularly provides s-.~h contracts to similar
properties. If Tenant falls to maintain a required HVAC maintenance and service contract in effect at all times during this
lease, Landlord may do so and charge 'fenant the expeme of such a maintenance and service contract or ex~r~ise Landlord's
remedies under Paragraph 20.
~ Landlord will maintai~ any common areas in the Property in a manner as Landlord determines to be in ~he
best interest of the Property. Landlord will maintain signs in the common area. LandlOrd may change the size, dimension,
and location of any common areas, pr*vick:d that such change does not materially impair Tenant's use and access to the
leased premises. If a modification to the common area is required; by law or governmental regulation, or order, Landlord will
modify the item. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and
restrictions. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the
comHlon areas.
O. ~ Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's
responsibility to repair. All requests for t~pairs to Landlord must be in writing.
F '1 t R air: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after
Tenant provided Landlord written notice of the needed repair. If Tenant fails to repair or maintain, an item for which Tenant
is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord
may: (1) repair or msintaill the item, without liability for ally damage or loss to Tenant, and Tenant must immediately
reimburse Landlord for the cost to repair or mnlrltal~ or (2) exercise Landlord's remedies under Paragraph 20.
16. Alterations:
Tenant may not alter, improve, or add to the Property or the leased premise without Landlord's written consent. Landlord
will not unreasonably withhold consent for the Tenant to make reasonable alterations, modifications, or improvement-
leased premises.
Initialed for Identification by Tenant: and , Laudl°rd:-7-~.9.-- 6 of 10
Commercial Lease: Old Lipan - 226 E~terprise - Corpus Christi, TX. 78469
Bo
Tenant may not alter any locks or any security devices on the Properly or the leased premises without Landlord's consent. If
Landlord authorizes the changing, addition, or re=keying of any lucks or other security devices, Tenant must immediately
deliver the new keys and access devices W Landlord.
If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair
the item to be modified or altered as d~iguated in Paragraph 15 will, at its expense, modify or alter the item in compliance
with the order.
Any alterations, impwvements, fLxturesl or additions to the Property or leased premises installed by cithcr party during the
term of this lease will become Landlor4's property and must be surrendered to Landlord at the time this lease ends, except
for those fixtures Landlord requires Tenant to remove under Paragraph 14 or if the pa~des agree otherwise in writing.
17. Liens: Tenant may not do anything that will icanse the title of the Property or leased premises to be encumbered in any way. If
Tenant causes a lien to be flied against the Prop~ or leased premises, Tenant will within 20 days after Landlord demands Tenant to
take action to remove the lien, pay the lien, or tak~ whatever action is necessary to cause the lien to be released of record. Tenant will
provide Landlord a copy of any release Tenant obtains pursuant to this paragraph.
18. Liability: To the tvxtell~ 1N-'rmilted by law. Iamdlord is NOT reepqnsible to Tenant or Tenant's emolovees, natrons, fmests, or
invitees for ally damages, iniuries, or losses to oerlon or nror~tv caused by:
A. an act. omission, or neelect of: Tenant: Tenant's a,,ent: Tenant's euest: Tenant's enmlovees: Tenant's nab'OhS: Tenant's
invitee~; or any other tenant on the Pwver~.
B. fire. flood, water leaks, ien. mow. hail. winds, exvlosion, smoke, riot. Strike. intemmfion of utilities, theft, burglary, robbery.
assault, vavdallam, other t~l~ons, environ~:anltal contaminants, or other occ~ces of easnaltv losses.
~Indenmity: To the extent not prohibited by the laws oftbe State of Texas and the Texas Constitution, tenant will indemnify and
~l Landlord harmless from any property damage, personal injury, suits, actions, liabilities, damages, cost of ~pairs or service to the
l~ased premises or Property or any other loss caused, negligently or otherwise, by Tenant or Tenant's employees, patrons, guests, or
invite, es.
20. Default:
If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply,
Landlord will be in default and Tenan~ may seek any remedy provided by law. If however, Landlord's non-compliance
reasonably requires more tl~n 30 days to ctlre, Landlord will not be in default if the cure is cominenced within the 30-day
period and is diligently pursued.
ff landlord does not actually receive at ~e place designated for payment any ~ut due under this lease within 10 days after it
is due, Tenant will be in default, ff Tenant fulls to comply with this lease for any other reason within 10 days after Landlord
notifies Tenant of its failure to comply, Tenant will be hi default.
If Tenant is in default, Landlord may: (i} terminate Tenant's right to o~cupy the leased premises by providing Tenant with at
least 3 days written noilee; and (ii) accelerate all rents which are payable during the remainder of this le.a~e or any renewal
period without notice or demand. Landlord will attempt to mitigate any damage or loss caused by Tenant's brea~h. If Tenant
is in default, Tenant will be liable for:
(1) Any lost rent;
(2) Landlord's cost of re-leaing the leased premises, including brokerage fees, advertising fees, and other fees necessary to
re-let the leased premises;
(3) Repairs to the leased premises for use beyond normal wear and tear;,
(4) All Landlords' costs associated with eviction of Tenants, such as attorney fees, court cost, and prejudgment interest;
(5) All Landlords costs associated with e0llecfion of reut such as collection fees, late charges, and returned check charges;
(6) Cost of removing any equipment and ~a'ade-fixtmus left on the leased premises by Tenant
(7) Cost to remove any trash, debris, personal property, I>~?~rdons materials, or environmental containments left by Tenant or
Tenant's employeas, patrons, guests, or invitecs in the leased premises or Property; and
(8) Any other recovery to which Landlord may be entitled by law
Initialed for Identification by Tenant: __ and , Landlord:'to_ 7 of 10
Commercial Lease: Old Lipan - 226 E~terprise - Corpus Christi, TX. 78469
21. Abandonment, Interruption of Utilities, Removal of Tenant's Property, and Lockout: Chapter 93 of the Texas Propct~y '-
governs the fights and obligations of the parties with regard to: (a) abandonment of the leased premises (b) intemiption of utiliti~
removal of Tensnt's personal property; and (d) "lock-out" of Tanant.
22. Holdover: If Tenant fails to vacate the leasu~ premises at the time this lease ends, Tenant will become a tenant-m-will and must
vacate the leased premises immediately upon _reCeipt of demand from Landlord. No holding over by Tenant, with or without the
consent of Lnndlord, wall extend ~is lease. To tho extent not prohibited by the laws of the State of Texas and the Texas Constitution,
tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover
period will be 2 thnes the base monthly reut plu~ any additional rent calculated on a daily basis and will be immediately due and
payable daily without notice or demand.
23. Landlord's Security Interest: This lease is ~ security agreement for the purposes of the Uniform Commercial Code. Landlord
may file a copy of this lease as a financing stateme~tt.
24. Aasigumeut. and Suble .t?.n. g: Tenant may n. ot ~ssign this lease or sublet any part of the leased premises without Landlord's vnitten
consent. An .assignment of this lease or subletting pf the leased p~mises without Landlord's written consent is voidable by Landlord.
If Tanant assigns this lease or sublets any part or,be leased premises, Tenant will remain liable for all of Tenant's obligations under
this lease regardless if the assignment of sublease is made with or without the of consent Landlord.
25. Relocation: By providing Tenant with not les~ than 90 days advanced written notice, Landlord may require Tenant to relocate to
another location in the Propeay, provided that the other location is equal in size or larger than the leased premises then occupied by
Tan.~t and contaim similar leasehold improv ,~, uts. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for
moving to the other loca~on. "Moving expenses means expenses payable to professional movers, utility companies for connection
and disconnection fees, wh-ing companies for connecting and disconnecting Tenant's office equipment required by the relocation, and
prin .6n.g comp .anies for rep.rinfng .Tenant's station~ry and business cards. 3, relocation of Tenant will not change or affect any other
provision of this lease that ~s then m effect, mchidtng rent and reimbursement amounts, except that the description of the suite or unit
number will automatically be emended be amended~
26. Subordination:
A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to:
(1) Any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property by Landlord;
(2) All advances made under any such lien, encumbrance, or ground lease;
(3) The interest payable on any such lien or encumbrance;
(4) Any and all renewals and extensions of any such lien, encumbrance, or ground lease
(5) Any restrictive covenant affecting thc leased premises or the Prope~, and
(6) The rights of any owners' association affecting the lcesed premises or propex~/.
B. Tenant must, on demand, execute any instrument subordinating this lease as Landlord may request, provided that such
subordination is made on thc condition that, this lease and Tenant's rights under this lease are reco~t~niTed by thc lien- holder.
27. Estoppels Certificates: Within 10 days after receipt of a wriaen request from Landlord, Tenant will execute and deliver to
Landlord an estoppels certificate that identifies: (a} when this lcuse commences and ends; Co) any amendments to this lease; (c) any
rights that Tenant may have to extend this lease or purchase tl~ Property or leased pren~ses; (d) any default by Landlord; and (e) any
other information reasonable requested in the certifa:ate.
28. Casualty Loss:
Tenant must immoAiately notify Lundlo~d on any casualty loss in the leased premises. Within 20 days after receipt of
Tenant's notice of a casualty loss, Lundlo~d will notify Tenant if the leased premises are less than or more the 50% unusable,
on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies
Landlord of the casualty loss.
If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premise within 120
after Tenant notifies Landlord of the cast~ty, Landlord will restore the leased premises to substantially the same cond
as before the casualty. If Landlord fails to substantially restore within the thna required, Tenznt may terminate this lease.
Initialed for Identification by Tenant: __ and , Landlord:-7~.- 8 of 10
Commercial Lease: Old Lipan - 226 E terprise - Corpus Christi, TX. 78469
If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120
days afier tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises
to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore
the leased premises within the time requ}red, Tenant may terminate this lease.
If Landlord notifies Tenant that LandlOrd cannot substantially restore the leased premises within 120 days after Tenant
notifies Landlord of the casualty loss, Landlord may:. (1) choose not to restore and texu,inate this lease; or (2) choose to
restore, notify Tenant of the estimatedi time to restore, and give Tenant the option to ~rmlnate this lease by notifying
Landlord within 10 days.
E. If this lease does not terminate because ~f a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the
casualty loss to the date the leased prefpises are substantially restored by an amount proportionate to the extent the leased
premises are unusable.
29.
Condematlon: If after a condemnation ol; purchase in lien of condemnation the leased premises are totally unusable for the
purposes stated in this lease, this lease will terminate. If ~ a condemnation or purchase in lieu of condemnation the leased
premises are papally unusable for thc parpo~es stated in this lease, this lease will continue and l~nt will be reduced in an amount
propottionate to the extent the leased prmti~es are unusable. Any condenmstlon award or proceeds in lieu of condemnation are
the propen'y of Landlord and Tenant has !no claim to such proceeds or award. Tenant may seek compensation from the
condemning authority for iLL moving expeus~s and damages to Tenant's personal property.
30. Attorney's Fees: Any person who is a prevailing party in any legal proceeding brought under or related to the traesaction
described in this lease is entitled to recover prejudgment interest, reasonable attorney's fees, and all other costs of litigation from
the non-prevailing party.
2!. Representations: Tenant's statements in this lease and any application for rental are material representatious relied upon by
Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding cunWact and is authorized to
sign a lease. If Tanant makes uny misrepresentation in this lease or in any application for rental, Tenant is in default. Iandlord is
not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any
environmental ~,~--~d on or affecting the Property that would affect the health or safety of an orai,~y person, except:
N/A
N/A
32. Appropriation of Funds:
This lease is subject to the budgetary process of the Tenant. If current revenue funds for this lease are not appropriated by the
Tenant, the Tenant has thc right to cancel this lease with 90 days notice at any lime without penalty. If the Tenant's approved
budget for a f'~scai year includes funds for this lease, then Tenant is responsible for entire rent obligation for that fiscal year. The
Tenant's fiscal year ends on July 31 of each year.
33. Addenda:
Incorporated into this lease are the addenda, exhibits, and other information marked in the Addenda and Exhibit
section of the Table of Contents. If Landlord'S Rules and Regulations are made part of this lease, Tenant agrees to comply with
the Rules and Regulations as Landlord may, at iLL discretion, mc, end from time to thne.
34. Agreement of Parties:
A. Entire A~xeement: This lease contains the entire agreement between Landlord and Tenant and may not be changed except by
written agreement.
B. Bindin~ Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors,
adminintrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund
to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding
on all Tenants.
Initialed for Identification by Tenant: and , Landlord:-']5- 9 of I0
Commercial Lease: Old Lipan - 226 ~nterprise - Corpus Christi, TX. 78469
D. Controllina Law: The laws of the State of Texas govern the interpretation, performance, and enforcen~ent of this lease.
E. Severable Clauses: If eny clause in th~s lease is found invalid or uacnforccoble by a court of law, the remainder of this k~a
will not be affected end all other provisions of this lease will remain valid and enforceable.
F. Waiver.' Landlord's delay, waiver, or ~non-enforcement of acceleration, contractual or statutory lien, rental due date, or eny
other right will not be deemed a walve~ of any other or subsequent breach by Tenant or eny other term in this lease.
G. ~ Provided that Tcna~t is not in default of this lease, Landlord covenants that Tenant will enjoy possession
end use of the leased premises free froin serious interference.
H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lockout, shortage of material,
governmental restriction, riot, flood, 6r any cause outside Landlord's control, the time for Landlord's performance will be
abated until after the delay.
35. Notices: All notices under this lease must be in writing and are effective when hand- delivered, sent by mail, or sent by facsimile
transmission to:
Tenant
At the address of the leased premises
with a copy to: City of Corpus Christi
at: Attn: Director, Municipal Cou~t
P.O. Box 9277
Corpus Christi, TX. 78469-92~7
Landlord
at 615 S. Upper Broadway
Corpus Christi, TX. 78401
36. Special Provisions:
The leased space consists of2828 square feet alnd the rent is based on $ .9~ /SF gress .95x2828- 2686.60.
Tenant may terminate this lease without cause bt eny ~ upon ninny (90) days written notice to owner.
Real estate brokers are not qualified to rentier legal advise, property inspections, surveys, engineering studies (e.g. studies of
the structure~ drainage, and soil conditions). Environmental assessments, tax advice, t~ancial advice, or inspections to
determine compliance with zoning, governmental regulations, or any law (e.g., ADA, Terms Architectural Barriers Statute,
etc.). The parties should seek experts to render such services. Selection of such experts is the responsibility of the parties and
not the real estate broker. The terms of this lease are negotiable among the parties. This is intended to be a legal agreement
binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your
attorney BEFORE signing.
Landlord Date Tenant Date
By ~
Tenant Date
As N/A for Landlord
Initialed for Identification by Tenant: end , Lendlor~?~__ 10 of 10
11
' CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: AuRust 26, 2003
AGENDA ITEM:
a. Resolution authorizing the ~;ity Manager or the City Manager's designee, to execute a
State Funded Grant Agreer~ent with the Texas Commission on Environmental Quality
in the amount of $884 600 for air quality planning activities.
b. Ordinance appropriating $88A,600 from the Texas Commission on Environmental Quality
in the No. 1071 Community Enrichment Grants Fund for air quality planning activities;
and declaring an emergency.
ISSUE: The City of Corpus Christi has been offered an $884,600 grant from the Texas
Commission on Environmental Quality (TCEQ), formally the Texas Natural Resource
Conservation Commission, for the purpose of continuing the conduct of air quality research,
planning, and small business assistance projects in Nueces and San Patricio Counties in FY
2004/2005. The grant is to be utilized for these projects to maintain compliance with federal air
quality standards.
REQUIRED COUNCIL ACTION: Council approval is required for contracts of $25,000 or
greater.
PREVIOUS COUNCIL ACTION: Similar project funding grants from TCEQ have been used
in prior years to carry out the necessary research and outreach activities that have been
instrumental in maintaining our attainment status to date. Previous significant Council Action
is summarized in Attachment 2.
FUNDING: The TCEQ provided the City of Corpus Christi with a grant in the amount of
$884,600 to fund air quality research and small business assistance projects in Nueces and San
Patricio Counties.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
and ordinance as presented.
Director, Office of Environmental Programs
Attachments:
1. Summary of TCEQ Contract
2. Summary of significant prior Council Action
-79-
BACKGROUND INFORMATION
Subject: Corpus Christi OzoneiNear Non-Attainment Area Research Study
Project Description: The TCE(~ is again providing grant funding to Texas cities nearing non-
attainment of the National Ambieht Air Quality Standards (NAAQS) for ozone. The City is acting
as the prime contractor with TqEQ and will subcontract the research portion of the work to
Texas A&M University-Kingsville (TAMUK). Texas A&M University-Corpus Christi (TAMUCC)
will subcontract with the City fo~' continuation of a program in pollution prevention for small
business and public education for air quality in Nueces and San Patricio Counties. These
subcontracts will be funded through the TCEQ grant, and are a continuation of currently ongoing
projects.
The TCEQ is funding these programs in Corpus Christi with Appropriation Rider 8 to the FY
2004/2005 TCEQ Budget. The university subcontracts will be developed from work plans and
detailed budgets defining the project work that are currently under development. TCEQ will
review and approve the work plans and budgets prior to execution of the subcontracts for the
actual project work.
for ozone. The research work currently underway and to be continued through this contract is
serving to identify emissions sources and the atmospheric chemistry leading to ozone formation
in the area. Photochemical Modeling will be used to identify reduction strategies appropriate for
the area based on good science. The program began in F/Y 1996/1997 under a similar
Appropriations Rider (Rider 26) and execution of a Flexible Attainment Region Agreement
between the U.S. Environmental Protection Agency (EPA), TCEQ, and the City. The program
continued through 1998/1999 with Appropriations Rider 17 funding. The funding for FY
2000/2001 and FY 2002/2003 were from TCEQ's Appropriations Rider 13 to TCEQ'S budget
for those years leading to an O3Flex Agreement with EPA and TCEQ. Funding for FY
2004/2005 is contained in Rider No. 8 to the TCEQ budget for those years.
Should the area be designated as non-attainment under the new, 8-hour, standard, the
sanctions imposed by EPA will be very detrimental to future economic development of the
region. It may also result in loss of federal highway funds until EPA approves prescribed
planning for regaining attainment status pending implementation guidance currently under
development by EPA.
Future Council Action: Approval of subcontracts for $25,000 or more for FY2004-2005 with
TAMUK and TAMUCC upon development of the required work plans and project budgets, and
their approval by TCEQ.
SUMMARY
GRANT CONTRACT !BETWEEN THE CITY OF CORPUS CHRISTI
AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Contract Provision - TCEQ Contract No. 582-4-64576 provides $864,600 in grant funding for
air quality research and planning in the Corpus Chdsti area for the, FY 2004/2005 Biennium.
Responsibili~es of Contractor -iDevelop work plans and project budgets in collaboration
.with Texas A&M University-CorpuS Christi and Texas A&M University-Kingsville to:
Conduct monitoring of curr~nt air pollution levels.
· Continue development of a~ area emissions inventory.
· Conduct air quality analysis and modeling of atmospheric ozone formation.
· Analyze emission reductior~ strategies and cost/benefit analysis.
· Provide small business support.
· Administer and manage the project work subcontracted.
· Provide reports and conference calls regarding progress as required by the TCEQ.
Payment - Payments shall not exceed a total of $884,600 for the contract. The payment
shall not exceed $442,300 for FY 2004.
Term - The contract terminates on August 31,2005 unless the Texas Legislature provides
TCEQ the authority to carry forwaCd money into the FY 2006-2007 biennium.
ATTACHMENT #1'
-81-
SUMMARY
pRIoR COUNCIL ACTION
February 10, 1998 - Motion No. 023208 authorizing the City Manager, or his designee,
to execute a Rider 17 Interlocal Contract with the TNRCC in the amount of $283,750 for
Air Quality Planning Activities in Nueces and San Patricio Counties.
April 28, 1998 - Ord. No. 02:~298 appropriating $283,750 in the No. 1050 Federal/State
Grants Fund for Air Quality ?lanning activities in Nueces and San Patricio Counties.
April 28, 1998 - Ord. No. 023299 authorizing the City Manager, or his designee, to
execute an Interlocal Agreement with TAMU-CC in the amount of $70,000 for air quality
planning activities in Nueceb and San Patricio Counties.
May 11, 1999 - Ord. No. 023634 appropriating $167,000 in supplemental funding from
TNRCC to continue researph and outreach activities through Texas A&M University
Kingsville and Corpus ChriSti to address issues related to attainment with the federal
ozone and particulate standards.
March 28, 2000 - Ord. No. 0123989 appropriating $30,000 of Appropriation Rider 13 grant
funds from the TNRCC for work plan development of air quality reseamh and planning
projects and motions authorizing the City Manager or his designee to execute contracts
with Texas A&M University at Corpus Christi and Kingsville to produce those work plans.
August 221 2000 -Ord. No, 024170 appropriating $465,075 of Appropriation Rider 13
grant funds from the TNRCC to continue air quality research and planning projects, and
motions authorizing the Cit~ Manager or his designee to execute contracts with Texas
A&M University at Corpus Chdsti and Kingsville addressing issues related to attainment
of the federa! ozone and r)adic~Jat~ ~t~nd~rds
July 17, 2001 - Ord. No. 034498 appropriating $161,000 in additional Rider 13 funding
for FY 2000/2001 for continuation of the air quality research and planning projects
underway with TAMUCC and TAMUK, and extending the contract period to August 31,
2002.
August 21, 2001 - Ord. No. 024538 appropriating $884,600 of Appropriation Rider 13
grant funds from TCEQ to continue air quality research and planning projects, and
subsequent motions authorizing the City Manager or his designee to execute contracts
with Texas A&M University at Corpus Christi and Kingsville addressing issues related
to attainment of the federal ozone and particulate standards.
ATTACHMENT #2 I
-82-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE A STATE FUNDED GRANT AGREEMENT
WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN
THE AMOUNT OF $884,600 FOR AIR QUALITY PLANNING
ACTIVITIES
NOW, THEREFORE, BE IT RES OLVED BY THE CiTY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
execute a State Funded Grant A reement with the Texas Commission on
Environmental Quality in the ami ,unt of $884,600 for air quality planning activities.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 21 st day of August, 2003.
Acting C_~ Attorne~
Samuel L. Neal, Jr.
Mayor
R33822A2.doc
-83-
ORDINANCE
APPROPRIATING $884,600 FROM THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY IN THE NO. 1071 COMMUNITY
ENRICHMENT GRAN1S FUND FOR AIR QUALITY PLANNING
ACTIVITIES; AND DECL
BE IT ORDAINED BY THE CIT
TEXAS:
ARING AN EMERGENCY
COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That $884,600 frol n the Texas Commission on Environmental Quality is
appropriated in the No. 1071 Cc rnmunity Enrichment Grants Fund for air quality
planning activities. ,
SECTION 2. That upon written ~'equest of the Mayor or five Council members, copy
attached, the City Council (1) fln~s 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 meetir~gs so that this ordinance is passed and takes effect
upon first reading as an emergertcy measure on th s the day of
,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
City Secreta~
APPROVED: This 21sT day of A~ugust, 2003:
R. Ja~Re"~ng~'"~
Acting City Attome~'
Samuel L. Neal, Jr.
Ivlayor
R33822B2.doc
-84-
12
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Motion authorizing payment to
Corporation in the amount of $3;
Tax Credits and a detailed redev
City Council Action Date: August 26, 2003
the Corpus Christi Regional Economic Development
,500 for preparation of an application for New Markets
.=lopment plan for a portion of the Northside.
ISSUE:
The City of Corpus Chdsti, in partnership with the Corpus Chdsfi Regional Economic
Development Corporation, is d~veloping a proposal to the Community Development
Financial Institution for New Markets Tax Credits and a detailed plan for portions of the
Northside. The Corpus Chdsti Regional Economic Development Corporation is contracting
with consultants to develop the proposal and the plan. The cost of these two items is
$250,000. The CCREDC has requested the City of Corpus Chdsti fund $37,500 of these
contracts,
REQUIRED COUNCIL ACTION:
Motion authorizing payment.
CONCLUSION AND RECOMMENDATION:
Staff recommends payment to CCREDC to contract with the consultants needed to develop
the application for New Market Tax Credits and the development plan for portions of the
Northside.
M~r~cDan~l
Executive Director of Support Services
-87-
BACKGROUNDINFORMATION
The Community Renewal Act (~f 2000 created the New Markets Tax Credit which will
stimulate up to $15 billion of n~eeded pdvate sector capital investments in Iow-income
communities. New Market Ta~ Credits are competitively allocated annually by the
Community Development Fina~ncial Institution to certified Community Development
Entities (CDE). ~
Through a newly created comm~unity development entity whose purpose is to serve Iow-
income areas in Corpus Chdsti, the Corpus Christi Regional Economic Development
Corporation in partnership with the City of Corpus Christi will submit an application
requesting $150 million of N~w Market Tax Credits. The application will address
redevelopment of the Northside and other development that will stimulate economic
development and revitalization ~n the community and create mom than 1,000 full-time jobs.
The detailed plans for the NorthlSide will expedite the redevelopment of the area should the
City of Corpus Christi receive the allocations.
Last year, more than half of the recipients of the New Market Tax Credits were CDEs
serving Federally Designated Renewal Communities, Ernpowerment Zones and Enterprise
Communities. The CDFI will award $3.5 billion of New Market Tax Credits this year, which
includes 2003 and 2004.
-88-
13
AGENDA MEMORANDUM
DATE[ August 26, 2003
SUBJECT:
Laguna Shores Road S!reet Improvements from Mediterranean to Caribbean
(Project No. 6158) BOND ISSUE 2000 PROJECT NO. C-I R
AGENDA ITEM:
A. Resolution determining the necessity for and ordering the improvement of the following highways in
Corpus Christi, Nueces County, Texas:
o Laguna Shores Roed Street Improvements from Mediterranean to Caribbean
specifying that certain of these improvements will be paid for partly by the City and partly by
assessments while others will be paid for entirely by assessments; and directing the City's Director
of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk
(BOND ISSUE 2000).
Resolution approving plans and Specifications for improvements to the following highways in Corpus
Christi, Nueces County, Texas: '
· Laguna Shores Road Street Improvements from Mediterranean to Caribbean
approving the Director of Engineering Services' Project Construction Cost Estimate including an
estimate of the portion of costs [o be paid by the City and the portion to be paid by assessments;
setting a public hearing on these proposed assessments to occur during the September 30, 2003 City
Council Meeting; directing the City Secretary to arrange to publish notice of this public headng; and
ordedng the Director of Engineering Services to provide written notice of the public hearing to property
owners (BOND ISSUE 2000).
ISSUE: Laguna Shores Road is a rural road section with inadequate shoulders, roadside ditches, and no
sidewalks and needs to be reconstructed to urban standards. Reconstruction will provide smoother dding
surfaces, improved drainage, and increased pedestrian safety; and fulfill property owner requests for street
and sidewalk improvements.
FUNDING: Funds to finance the proposed project are available in the Street Bond Fund and Utilities
Commercial Paper Program.
RECOMMENDATION: Staff recommends approval of the Resolutions as presented.
Director of Engineering Services
Additional Support Material:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit
Exhibit "F"
Exhibit "G"
Exhibit "H"
Exhibit "1"
Agenda Background Material
Location Map
Necessity Resolution
Plan Resolution
Bid Tabulation
Preliminary Assessment Roll
Preliminary Project Budget
Time Schedule
Notice of Proposed Assessments
BACK( ROUND INFORMATION
SUBJECT: Laguna Shores Road ~treet Improvements (Project No. 6158)
BOND ISSUE 2000 PROJECT NO. C-IR
PRIOR COUNCIL ACTION:
1. November 14. 2000- Ordinance ca~
on November 7, 2000, in the City o
levying a sales and use tax pursuar
the voters in Propositions 4 and 5 (
2. March 27, 2001 - Motion authodz:
services contract in the amount of $
Reconstruction at the following site
· Laguna Shores Road
· Azores Road
· Catcay Road
· Jamaica Drive (Motion No.
3. January 15, 2002 - Motion authoriz
to the Engineering Services Cont
Neighborhood Street Reconstructic
4. Januarv 15. 2002 - Motion author~
services contract in the amount
Reconstruction along Laguna Shor
5. February 12, 2002 - Motion author
1 to the Engineering Services Contr
Station in the amount of $46,25(
ReconstnJction alono Laot]na Shor
~vassing returns and declaring the results of the Special Election held
Corpus Christi for the adoption of seven propositions; adopting and
t to Section 4A of The Development Corporation Act as approved by
~)rdinance No. 024269).
~g the City Manager, or his designee, to execute an engineering
~59,300 with Bass & Welsh Engineering, Inc. for Neighborhood Street
M2001-122).
ng the City Manager, or his designee, to execute Amendment No. 1
act in the amount of $6,981 with Goldston Engineering, Inc. for
n along Laguna Shores Road (Motion No. M2002-021).
:lng the City Manager, or his designee, to execute an engineering
of $509.61 with Lontos Engineering for Neighborhood Street
;s Road (Motion No. M2002-020).
zing the City Manager, or his designee, to execute Amendment No.
act for design, bid, and construction phase services of the Riviera Lift
with Bass & Welsh Engineering, Inc. for Neighborhood Street
;s Road ~Motion No M2002-0~6~.
(Laguna Shores Road Improvemenl~) in retum for waiver of the local match f~nd participation requirement
on the approved federal off-system bridge program (participation-waived) projects not yet awarded
(Resolution No. 025284).
May 13, 2003 - Motion authorizing !the City Manager, or his designee, to execute Amendment No. 5 to
the Engineering Services ContraCt in the amount of $6,981 with Goldston Engineering, Inc. for
Neighborhood Street Reconstructian along Laguna Shores Road (Motion No. M2003-174).
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and
Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering
firms.
2. November 10. 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public
Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and
engineering firms.
3. January 10. 2001 - Addendum No. 2, to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health
and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering
firms.
4. September 28, 2001 - Executed small Consultant Agreement for project management assistance in the
amount of $25,000 with Goldston Engineering, Inc. for the Bond Issue 2000 Street Projects.
5. Apdl 11, 2002 - Public Meeting at FIIour Bluff Intermediate School to inform Property Owners of upcoming
construction improvements.
6. June 4. 2002 - Executed Amendment No. 2 to the Consultant Agreement for project management
assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street
Reconstruction along Laguna Shores Road.
-92-
PRIOR ADMINISTRATIVE ACTION (cpntinued):
7. July 25, 2002 - Executed Amendment No. 3 to the Consultant Agreement for project management
assistance in the amount of $1i678 with Goldston Engineering, Inc. for Neighborhood Street
Reconstruction along Laguna Shores Road.
8. July 29, 2002 - Executed Amendr~ent No. 2 to the Engineering Services Contract in the amount of
$18,600, for a total re-stated fee o! $524,150, with Bass & Welsh Engineering, Inc. for Neighborhood
Street Reconstruction along Laguna Shores Road.
9. October 31, 2002 - Executed sinai Consultant Agreement for a traffic analysis study in the amount of
$24,945 with W bur Sm th & Assoc ates for Neighborhood Street Reconstruction along Laguna Shores
Road.
10. December 2, 2002 - Public Meeting ~at Flour Bluff Intermediate School to discuss the bridge across Tropic
isles Channel on Laguna Shores R~3ad.
11. January 8, 2003 - Executed Amen~tment No. 4 to the Consultant Agreement for project management
assistance in the amount of $1i678 with Goldston Engineering, Inc. for Neighborhood Street
Reconstruction along Laguna Shores Road.
12. March 26, 2003 - Executed Amendment No. 3 to the Engineering Services Contract in the amount of
$24,911, for a total re-stated fee of $549,061, with Bass & Welsh Engineering, Inc. for Neighborhood
Street Reconstruction along Laguna Shores Road.
FUTURE COUNCIL ACTION:
Holding a public hearing (S~ptember 30, 2003)
,, Closing the public hearing {September 30, 2003)
· Adopting the preliminary assessment roll (September 30, 2003)
· Awarding construction contract (September 30, 2003)
· Adopting the final assessment roll (tentative date May 2005)
PROCEDURES: Resolution No. 022767 specifies the procedures that apply to the assessment process. (In
the past, ordinances were necessary to initiate the assessment process, which may now be taken via
resolutions). Testimony by the Director of Engineering Serv[cas and the city-retained real estate appraiser
is made in writing and filed before the public hearing.
GENERAL: The proposed project is part of the Bond Issue 2000 Projects that was voter-approved on
November 7, 2000. The project provides for reconstructing neighborhood streets to include curb, gutter,
sidewalks, driveways and underground storm drainage. The improvements include water and wastewater line
adjustments or replacements. The improvements ara petitioned by adjacent property owners who are
assessed a portion of the cost. The property owners requested the bridge on Laguna Shores Road be
ramoved and not replaced. Their request was presented to the Traffic Advisory Committee (TAC) at their May
2002 meeting and a second public meeting was held with residents on December 2, 2002. A Traffic Analysis
Study was presented to the TAC on January 27, 2003, for raview and concurrence. Due to results of the
study, the bridge will remain and traffic calming devices will be installed in the roadway. An amendment has
been issued to the consultant contract that includes changes to the bridge and the calming devices.
The Tropic Isles Subdivision is an older neighborhood that was originally platted in 1956. The area is
comprised primarily of residential house district. The deteriorated condition of the public infrastructure
consists of street pavement in poor condition, roadside ditches that provide poor drainage, asphalt/caliche
driveways and no sidewalks. The utility water and wastewater lines ara old and in need of raplacement.
A petition was submitted and was qualified April 7, 1987 through the Voluntary Paving Program and approved
for funding in the voter approved November 2000 Bond Election. Utility work will be accomplished prior to
reconstruction of the street so that street and drainage work need not be disturbed in the futura for utility
raplacement. The project improvements consist of new pavement, curb and gutter, sidewalks, driveways and
storm drainage, plus water/wastewater Improvements.
IEXHIBIT "A" I
Page 2 of 3
PROJECT DESCRIPTION: This project consists of the removal of about 2,600 linear feet of street and
replacement with a new 40-foot back of curb to back of curb street containing concrete curbs and gutters,
walks and bikepath, cement stabilized base and asphalt surfacing, the removal and replacement of an existing
timber and R/C bridge with a new concl'ete bridge, the removal of existing sanitary sewer mains and laterals
and replacement with about 2,400 linear feet of new 10-inch PVC mains and laterals, the construction of a new
12-inch sanitary sewer force main, the ~onstruction of new inlets and about 2,600 linear feet of storm pipes,
the removal of existing water laterals and replacement thereof, about 2,400 linear feet of new 12-inch PVC
sanitary sewer force main outside the above described street limits and improvements to the Riviera Lift
Station with associated electrical, valvlng and piping improvements and temporary pumping plant bypass
improvements and other work as show~ in the plans and specifications required to complete the project, in
accordance with the plans, specificatiohs, and contract documents.
CONTRACT BIDS: The preliminary a~sessment roll is based on bid proposals received for the project on
Wednesday, July 23, 2003.
FILE: \Uproject\co~ncilexhibits\exh6158. dw;
N
=ADRE ND.DR
) ~ ~
__ C~RIBBEAN I I/' ~''~
' .~v~
YOR~OWN~
INA SHORES DR
(6158) z<
CPL Barney Davis
Plant and Reservoir
VICINITY ~tlAP
NOT TO SCALE
PROUECT No. 6158
AGUNA SHORES RD STREET IMPROVEMENTS
FROM MEDITERRANEAN TO CARIBBEAN
CITY OF CORPUS CHRI.C'rl,~ TEXAS
-95-
EXHIBIT "B"
CITY COUNCIL EXHIBIT
DEPARTI~E.i~rr OF ENGINEERING SERVICES
PAGE: I of I ,,,,
DATE: 08/04/2003
RESOLUTION
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLO.W~ING HIGHWAY IN CORPUS
CHRISTI, NUECES COUI~ITY, TEXAS. LAGUNA SHORES ROAD FROM
MEDITERRANEAN TO C~RIBBEAN, SPECIFYING THAT CERTAIN OF
THESE IMPROVEMENT,'; WILL BE PAID FOR PARTLY BY THE CITY
AND PARTLY BY ASSI"SSMENTS WHILE OTHERS WILL BE PAID
FOR ENTIRELY BY AS
DIRECTOR OF ENGINE
PROPOSED ASSESSME
SESSMENTS; AND DIRECTING THE CITY'S
:ERING SERVICES TO FILE A NOTICE OF
NTS WITH THE NUECES COUNTY CLERK
NOW, THEREFORE, BE/IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS!
SECTION 1. Under corp~us Chrst City Charter Article X, Section 1(a)(12) and
Texas Transportation Code Chapter 313, the city council determines that it is necessary
to improve and orders the impro~/ement of the following highway in the city:
Laguna Shores Road fro~ Mediterranean to Caribbean.
As spec fled in more detail in Project plans and specifications, the Laguna
Shores Road Street Improvements Project will inc ude:
widening the streets to 40 feet back of curb to back of curb;
constructing and realignihg curbs, gutters, and sidewalks; and
4. constructing driveways.
For purposes of this reselution, 'highway" includes any part of a street, alley,
public place, or square includin~g a part left wholly or partly unimproved in connection
with another street improvemeat.
SECTION 2. The ProjeCt consists of three categories of improvements: a) street,
curb, gutter, and sidewalk imprbvements to be paid for partly by the city and partly by
assessments; b) driveways to be paid for entirely by assessments; and c) other
improvements, to be paid for by the city, because either the assessment statute does
not apply to these improvements or the city is not making assessments to pay for them.
An assessment against abutting property or affected railway property will create a lien
on the property and a personal liability and charge against the property owner.
-96-
If the property is exempt from a street improvement assessment lien when the
improvements are ordered, then ino assessment lien will be created. The owner of the
exempt property, however, will bp personally liable for an assessment in connection
with the property. An owner of e~(empt property may voluntarily execute a Builder's and
Mechanic's Lien Contract and N(~te to place a lien on the property.
SECTION 3. To ensure ti
and to ensure that the liens will;
subdivided or sold, the director o
assessments with the Clerk of N~
describe by reference, each parc
affected railway property, if any.
this resolution as Exhibit 1.
ATTEST:
Armando Chapa
City Secretary
Approved ,200:
John P. Burke, Jr.
Assistant City Attorney
For The City Attorney
~at assessment liens take effect as soon as possible,
pply to the fullest extent even if assessed property is
f engineering services will file a notice of the proposed
,eces County, Texas. This notice will describe, or
el of property abutting the proposed improvements and
The notice will be substantially in the form attached to
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
-97-
EXHIBIT "C"
Paga 2 of 3
CORPUS CHRISTI, TEXAS
DAY OF ~ ,2003
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenem
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
-98-
Page 3 of 3
RESOLUTION
APPROVING PLANS AND SPECIFICATIONS FOR
IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN
CORPUS CHRISTI, NUECES COUNTY, TEXAS:
Laguna Shores Road from Mediterranean to Caribbean
APPROVING TItlE DIRECTOR OF ENGINEERING
SERVICES PROJI~CT CONSTRUCTION COST ESTIMATE
INCLUDING AN ESTIMATE OF THE PORTION OF COSTS
TO BE PAID BY THE CITY AND THE PORTION TO BE
PAID BY ASSESSMENTS; SETTING A PUBLIC HEARING
ON THESE PROPOSED ASSESSMENTS TO OCCUR
DURING THE SEPTEMBER 30, 2003 CITY COUNCIL
MEETING; DIRECTING THE CITY SECRETARY TO
ARRANGE TO PUBLISH NOTICE OF THIS PUBLIC
HEARING; AND ORDERING THE DIRECTOR OF
ENGINEERING SERVICES TO PROVIDE WRITTEN
NOTICE OF THE PUBLIC HEARING TO PROPERTY
OWNERS
In its Resolution No. passed on August 26,2003, the City Council
determined that it was necessary to improve and ordered the improvement of the
following highway in Corpus Christi, Nueces County, Texas:
Laguna Shores Road from Mediterranean to Caribbean
In Resolution No. the City Council stated that the Project consisted
of 3 categories or improvements: 1) street, curb, gutter, and sidewalk improvements to
be paid for partly by the city and partly by assessments; 2) driveways to be paid for
entirely by assessments; and 3) other improvements, to be paid for by the city, because
either the assessment statute did not apply to these improvements or the city was not
making assessments to pay for them.
The city's department of engineering services prepared detailed project plans
and specifications. The city then received bids to construct the project accordingly.
After evaluating the apparent lowest responsible bid to construct the Project, the
director of engineering services prepared a Project Construction Cost Estimate
(attached as Exhibit A). This estimate specifies anticipated total Project construction
cost and the city portion of this cost, the preliminary total of assessments, and various
assessment rates. The estimate also includes a bid tabulation and a preliminary
assessment roll listing proposed assessments against each abutting or affected
property.
-99-
EXHIBIT "D"
Page t of 3
II
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS::
SECTION 1. The project ~lans and specifications are approved.
SECTION 2. In accordan
the Project construction cost esti
the preliminary assessment roll
conducted in accordance with st
Rules Resolution.
=e with Texas Transportation Code Section 313.024,
mate is approved; however, the assessments listed in
:annot be imposed until after a public hearing is
]te law and the city council's Assessment Process
SECTION 3. A public hearing on proposed assessments for the Laguna Shores
Road Street Improvements Project will be held dudng the City Council's September 30,
2003 meeting. This meeting willlbegin at 2:00 p.m. in the City Council Chambers, 1201
Leopard, Corpus Christi, Texas. i
SECTION 4. The city se(~retary will arrange to publish notice of this public
hearing in accordance with the ,~ssessment Process Rules Resolution.
SECTION 5. The director of engineering services will provide wdtten notice of
the public headng to property owners in accordance with the Assessment Process
Rules Resolution.
Armando Chapa
City Secretary
Approved ,2003.
Samuel L. Neal, Jr.
Mayor
John P. Burke, Jr.
Assistant City Attorney
For The City Attomey
- 100-
EXHIBIT 'D"
Page 2 of 3
CORPUS CHRISTI, TEXAS
DAY OF ,2003
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scoff
-101-
Page 3 of 3
OM TANIMT® By. •ArwW R E P.B. Okrotor of EMkmwft Saylor
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Page 2 of 5
LAGUNA SNORES ROAD IMPROVEMENTS
FROM M®RERRANEAN TO CARIBBEAN
PROJECTN0.O150
Sallnu Co struotlgl T*dL
3734 FM 30M
Plesenbon, TX 790$4
Berry CarItr0-a Co.
P. O. Bax 9909
C. C, TX 78180
Jaleo, Inc.
P. M Bm 273M
Hasten, TX T7TJ.T
W. T. Young Conshr r1.9mrr
P.O. Bol 9107
C. C, TX 711/00
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1,472
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$3427
$50,44SA4
$40.00
$00,888.0
S50.0o
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$33.50
$49,312.00
$42.00
$81,874.00
82
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419X110.00
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200
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37.68824
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$30.00
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$37.00
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$4,500.00
67
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$2.00
$4.988.00
$0.10
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$16,139.50
$1.00
$2,483.00
Be
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99mem
1
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$961,784.0
$926,000.00
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5945,000.00
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3111,000.00
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313,00040
$13,000.00
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510,320.00
$10,320.00
i12,0�)U.W
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21,104M1.00
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Page 2 of 5
LACUNA SHORES ROAD IMPROVEMENTS
FROM MEDITERRANEAN TO CARNMEEAN
PROJECTNO.6198
SaUnw Cowh7wMan Tam.
3744 FM SOMI
Plawaslmy 7X78944
ry ContracSlM Co. JMm, Inc.
P. O. Sm SSM P.0.Ilm 27M
C. C., TX T54M HmMbq TX 7726
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P. O. Smr 9697
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2,397
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$30.39
$72,644.83
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$ M,700.00
$79.00
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$1,115.00
$1,610.00
$880.00
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CIS
Parma M. Pavemm0 Pakllbg farOSaNa s"ft y
Sa .coop.{. bpbmp mzmm101d
593
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$8600
$58.04600
35.00
Cm
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PwMMAIM
1
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$164,aW.OD
$164.SW.O0 1
$V5'I0.00
$276.089.00 $100,000.00
$189,000.00
$186.134.00 1
$156134.00
S284.000m
$284,00D.00
r ge3of5
Page 4 of 5
LA0UR11SN0RES ROAD MPROVEMENB
S 1 Cwwbudlp� Teak
Ssrry CmhaiAlnB Ca
AVe, hr-W.
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3754 FM3088
P.0.64P[M88
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5520 $19=00
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$2.000.00 51.000.00
510.000.00 514000AD I
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54700A0 $4700.00
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5888,110.66
s67.7zmw
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S1.fa;887.00
$984 L D
Page 4 of 5
LAGUNA WWROAD MPROYEiMENig 6a0nae Callehucpon TaeRa y Contrsly0
FROM MG
EAN To 37M FM 3006 A. O. lax 0306
PROJlCT N0. $130
ATX 70061 ^-.4TX 761$2
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$1.330.00
$390.00
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112000
Op
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$102A0
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$321.90
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62,400.00
$410.op
$1,270.00
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Near lWa69 sus Warr aarXas. m roiab in
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$210.00
$940.60
6?80.00
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630005
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521,200.00
6300.00
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$1.00
$2,620.60
200
66,$10.00
30.10
120200
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63.00
63,130.30
$1m
120
S.Y.
$26.66
612,270.3
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$+9,260.00
$2X.00
$10�T200
837.00
515,830.00
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i
/ Preliminary Assessment Roll
Laguna ShOres Road - Mediterranean Dr. to Caribbean Dr.
Cit,/Project No. 6158
rev.~nft Be~in Lagun& Shores Rd. - Southeast Side
Fr~m Maditer~anea3 Dr. to Caribbean Dr.
01 IRasnick. Richard ET UX C~ndy 146.24 It. j Curb, Gutter and Pavement - Front ~ $9.75 per fl. = $1.425.8~
@
$4.88
3441 Laguna Shores Rd 482.96 sr. i 4 ft. Wide Sidewalk. Front ~ $1.00 per ft. = $482.9E
Comus Ch~ti, TX 78418 0.00 fi'tl 4 It. Wide Sidewalk. Side I~ $0.50 per It. = $0.0C
3441 Laguna Shor~ Rd. 280.00 sl i 1 - 25.5 It. Ddvewey - Front
@
$5.40
ft.
$1
Lo~24, Block2 O.COsfIj No Second Ortveway ~ $5.40 per~ = $0.0{~
Page 1 of 17
-107-
EXHIBIT "F" II
Page I of 17
Preliminary As~e~ment Roll
Laguna S~ores Road - Mediterranean Dr. to Caribbean Dr.
City Project No. 6158
07
Tropic I~1#
0.00 It. Curb, Gutter and Pavement - Side O $4.88
~4.00 sf.! 4 ff. Wide Sidewalk - Front ~2 $1.00
0.00 ft. 4 It. Wide Sidewalk - Side I~ $0.50
190.00 sf i I - 16.5 It. Driveway - Front ~ $5.40
o.oo It. i No E)~-.~ @ $0.00
0.00 It. i No Ex, as ~
50.00 ft. Curb, Gutter and Pavement - Front ~ $9.75 per It. =
0.00 It. Curb, Gutter and Pavement * Side ~ $4.88 per lt.
200.00 IL 4 It. Wide SidewaJk - F~ont I~ $1 .~0 per f~
0.00 ft. 4 It. Wide Sidewalk - ~ ~ $0.50 per lt. =
0.00 sf No Ddveway ~ $S.40 per ff. =
$0.00
$160.00
$0.00
$o.oo
$2,335.~0
$1,322.50
$687.50
$2,3t2.50
Page 2 of 17
-108-
Page 2 of t7
Preliminary Assessment
Roll
Laguna Shares Road - Mediterranean Dr. to Caribbean Dr.
City Project No, 6158
Caffey. R&ndal C.
Corpus Christi, TX 78418
Block 2
50.00 ft. Curb, Gutter and Pavement - Front O $9.75
0.00 ft. Curb, Gutter end Pavement - Side O $4.88
160.00 sr. 4 ft. Wide Sidewalk - Front
0.00 ft. 4 it. Wide Sidewalk - Side ~ $0.50
125.00 sf 1 - 10.00 ft. Ddveway. Front ~ $5.40
0.00 sf No Second DHvewly ~ $5.40
100.00 ft. Curb, Gutter end Pavement. Front O $9.75
0.00 ff Curb, Gutter and Pavement - Side ~ $4.~8
224.00 sr. 4 ft. Wide Sidewalk - Front ~ $1.00
0.00 ft. 4 ft. Wide Sidewalk - Side ~ $0.50
365.00 sf t - 34 lt. D~vewa¥ - Front ~ $5.40
125.00 sf 1- 10 ft. Driveway- Front O $5.40
0.00 ft. No Ext~s ~ $0.00
0.00 ft. NO Ex'ttms I~ $0.00
$0.0(3
$675.00
$o.oo
100.00 ff Curb, Gutter and Pavement - From ~ $9.75
0.00 ff Curb, Gutter and Pavement - Side ~ $4.88
320.00 al. 4 ff. Wide Sidewalk - Fnmt O $1.00
0.00 ft 4 ft. Wide Sidewalk - Side ~ $0.50
250.00 sf 2 - 10 ff Driveways - Front ~ $5.40
0.00 ff. No Extras ~ $0.00
50.00 ft. Curb, Gutter and Pavement- Front ~ $9.75 per It. =
160.00 sf. 4 ft. Wide Sidewalk* Front @ $1.00 per ft. =
0.00 ft. 4 ft. Wide Sidewalk - Side ~ $0.50 per ft. =
125.00 sf I - 10 It. Driveway. Front @ $5.40 per ft. =
0.00 sf No Second Driveway I~ $5.40 per ft. =
0.00 It. No Extras I~ $0.00 per It. =
0.00 ft. No Extras @ $0.00 per ff =
$320.0C
$o.oc
$0.~x
$0.0(
$o.o~
100.00 ft. Curb, Gutter and Pavement- Front ~ $9,75 per It. = $97S.00
0.(X] ft. Curb, Gutter ef~d Pavement - Side I~ $4.88 per ft. = $0.00
0.00~ 4 ft. Wide Sidewalk - Side ~ $0.50 per ft. =
245.00 sf 1 - 22 ff Dliveway - Front ~ $5.40 per ft. -- $1,323.00
0.00 ff No Extras O $0.00 parE. = $0.00
$1.322.50
$2,645.00
$1,322.5(3
$4,~95.00
Page 3 of 17
-109-
EXHIBIT "F"
Page 3 of 17
17
~ Preliminary Assessment Roll
Laguna Sh~es Road - Maditerrarman Dr. to Ceribbean Dr.
City Project No. 6158
lO0.00 It.
o.0O ft.
317.2o
0.0o It.
Lot 43 & 44, Block 2 232.O0
sf
0.0O sf
0.00 It.
0.00 ft.
81.79 It.
0.0O ff
277.16 sf.
0.0O ft.
200.0O sf
0.0O sf
0.0O ft.
69.52 lt.
0 00 sf
50.0O
0.00 ff
355.O0 mf
0.0o It.
Tropic bi#
~er It. = $975.(
~r It. = $0.0O
~erff = $317.20
=erff = $3.00
3er ft. = $1,252.80
~er ft. = $3.00
=er ft. = $0.0O
)er ft. = $0.00
Curb, Gutter and Pavement - Front ~ $9.75
Curb, Gutter and Pavement- Side ~ $4.88
~er ft. = $797.45
mrff = $277.1~
~er ft. = $0.0(
~er ft. = $1,060.0C
~er It, =
Curb, Gutter end Pavement - Front ~ $9.75 per ff =
$677.82
Curb, G~tter and Pavement - Side ~ $4.8~ per ff = $0.O0
4 ff Wide Sidewalk. Front ~ $1.0O per ft. m $198.08
Curb, Gutter and Pavement - Fmnt
Curb, Gutter and Pavement - Side
4 ft. Wide Sidewalk - Front
4 ff. Wide Sidewalk - Side
I - 29 ff wide x 13 ff Driveway - Front
$9.75 =er ft. =
Curb, Gutter and Pavement - Froot
$4.88 ~er ft.
$1.0O =erff
$0.50 ~er ff. =
$5.40 mr fi. =
$0.0O ~r ff =
$0.0O
~.~
$2,170.0O
Curb, Gutter end Pavement. Side (} $4.88 per ff = $0.0(
4 It. Wide Sidewalk - Front ~ $1.0O per It. = $68.0(
4 ff Wide Sidewalk - Side ~ $0.50 per It. = $0.0~
1 - 33 fi[. Driveway. Front ~ $5.40 per ft. = $1,017.0~
No Second Dl~Vewey I~ $5.40 per It.
No Extt'as ~ $0.00 perff $O.OG
No Extras ~ $0.0O perk = $0.0~
$2,545.0O
$2,738.90
$3,742.O0
$2,472.50
Page 4 of 17
Page 4of 17 ]]
Preliminary Assessment Roll
Laguna Sh~re$ Road - Mediterranean Dr. to Caribbean Dr.
City Project No. 6158
20 ~uesnet, WlifredR. ETUX 50.00 ff. Curb, Gutter and Pavement - Front ~ $9.75 per It. = $4~7.5C
I
I
0.00 It. No Ex~'a~ ~ ~.00 per'lt. = $0.0(
$3,1oo,ao
Page 5 of 17
-111-
EXHIBIT "F" I[
Page 5 of 17
Preliminary Assessment Roll
Laguna ~hores Road - Medlten-anean Dr. to Cadbbean Dr.
City Project No. 6158
Helrr~er, Rodney ET UX
3211 Laguna Shores Rd~
l'roplc
0.oo fl. NoExtru I~ $0.00 ~llr~. = $0.00
Sl ,322.50
$1,957.50
$1,322.50
$1,322.50
Page 6 of 17
-112-
~ Preliminary Assessment Roll
Laguna ShOres Road - Mediterranean Dr. to Caribbean Dr.
City Project No. 6158
30 Evens, John ASR ET UX 50.00 ft. Curb, Gutter and Pavement - Front @ $9.75 per ft. = $487
I
Page 7 of 17
-113-
EXHIBIT "F" II
Page 7 of 17
Preliminary Assessment Roll
Laguna Shc~res Road - Mediterranean Dr. to Caribbean Dr.
City Project No. 6158
35 Craft, Jerq/L. ET UX 50.00 fl. ' Curb, Gulter and Pavement. Front ~ $9.75 per It. = $487.50
Den/ts F 0.00 lt. Curb, Gutter and Pavement. Side @ $4.88 per lt. = $0.00
3117LagunaShoresR~ 160.00 stL 4 lt. Wide Sidewalk - Front ~ $1.00 perk = $160.0(
Corpus Christi, TX 784~8 0.00 lt. 4 ft. Wide Sidewalk - Side @ $0.50 per ff. = $0.0C
31'17 Laguna Shores Rd. 125.00 st 1 - 10 fl. Driveway. Front @ $5.40 perlt. = $675.0~
Lot 26, Bkx:k I 0.00 If No Second Driveway ~ $5.40 per lt. =
tropic Islu 0.00 fl. [ No Extras ~ $0.00 per It. = $0.0(
End Laguna Shores Rd. - SouthEast Side
From[ Mediterranean Dr. to Caribbean Dr.
Page 8 of 17
-114-
Page 8 of t7 [[
~ Preliminary Assessment Roll
Laguna ShOres Road - Mediterranean D~. to Caribbean Dr.
City Project No. 6158
Be~in Laguna Shores Rd. - Nor~west Side
F~m Mediterranean D~. to Caribbean Dr.
:GeorgeJ. McOuade 0.00 lt. Curb, Gutter and Pavement - Side I~ $4.88 per lt. =
?05 Caribbean Dr. 19.44 sf. 4 It. Wide Sidewalk - Front ~ $1.00 per lt. = $19.4~
Page 9 of 17
-115-
EXHIBIT "F" II
Page 9 of 17
48
47
Story, R/chard L ET UX
Corpu~ Chr/st~, TX 78418
~422. Laguna Shores Rd.
Lot 18, Block 3
rro~¢ Isle~
Her/an, Jarne= E. Jr. ET UX
Lot 16, Block 8
Co,'pus Christi, TX784t8
~410 La;luna Shores Rd.
frolic Isle~
~ Preliminary Assessment Roll
Laguna ~hores Road - Meditercanee~ Dr. to Caribbean Dr.
City Project No. 6158
0.00
235.00
0.00
22s.0o ~
o.oo~
Curb, Gutter and Pavement - Sido ~ $4.88
4 lt. Wide Sidewalk. Front O $1.00
4 lt. Wide Sidewalk. Side @ $0.50
I - 21 It. Driveway - Front @ $6.40
No Second Driveway @ $5.40
No Extras ~ $0.00
No Extras ~ $0.00
~er ft. = $0.00
)er ft. = $0.00
mr lt. = $1,26g.0(
~er ft. = $0.0(
,er ft. = $9.0(
Curb, Gutter end Pavement - Front I~ sg.75 per It. = $487.50
Curb, Gutter and Pavement - Side ~ $4.88 per ft. = $0.0(
4 lt. Wide Sidewalk - Front ~ $1.00 per It. = $100.0(
0.00 It.
Curb, Gutter and Pavement - Front O $9.75
Curb, Gutter and Pavement. Side I~ $4.88
No Second Driveway @ S5.40
No Extras ~ $o.o0
No Exb'~ ~ $0,00
$487.50
$0.00
$102.00
$0.0O
$0,0(
~.oc
$0.0~
$1,872.50
$1,822.50
$2,072.S0
$2,047.50
Page 10 of 17
-116-
Page 10 of 17
! Preliminary Assessment Roll
Laguna Shc~res Road - Mediterranean Dr. to Caribbean Dr.
Ciht Project No. 6158
49 Ho#an, Fred~ck Paul & 50.00 ft. Curb, Gun, tar and Pavement - Front Q $9.75 per ft. = $457.5(
Alice 0.00 ft. Curb, Gutter and Pavement - Side Q $4.88 per It. =
3402 Laguna Shores Rd 76.00 sr. 4 ft. Wide Sidewalk - Front ~ $1 .gO per ft. = $76.0{
Corpus Christi, TX 78412 0,00 ft. ~ 4 ft. Wide Sidewalk - Back ~ $0.90 per fL -- $0.0(
5402 Laguna Shores Rd. 335.0Osf i 1-31ff.D~v®way-Fmnt ~ $5.40 p®rff. = $1,809.00
Lo~ 13, Block 3 0.00 sf ! No Second Driveway ~ $5.40 per ft. = $0.00
0.0Oft. I NoEx~as ~ $0.00 perfL = $0.00
8846-0503~150 0.00 ft. No Extras ~ $0.00 per ft. =
50 Shcoprnan, ~41bunl R 50.00 ft. Curb, Gutter and Pavement - Front ~ ~9.75 per ft. = $487.50
3346 Laguna Shores Rd 0.00 ft. Curb, Gutter and Pavernm~t - Bide ~ $4.88 per ff. = $0.00
Corpu~ Chdsti, TX 784f8 160.00 Bf. 4 ft. Wide Sidewalk - Front Q $I .00 per ft. = $t60.00
Tropic t~e~ 0.00 sf No Second Driveway I~ $5.40 per ft. = $9.00
8846-00036120 0.00 ft. No E~lS ~ $0.00 per R. = $0.00
0.00 ff. No Ex,'as ~ $0.00 per fL = ~0.00
$1,322.50
S1 Nix, Ralph 50.00ft. ! Curb, Gutter and Pavement - Fmnt ~ $9.73 perff. = $487.50
-~ ¶ 1, Block 3 159.00 ~f 1 - 13 ft. Driveway - Front ~ $5.40 per fL = $837.0~
S546-0003.0110 0.00 IL No Extras ~ $0.00 petit. = $0.UC
0.00 ff. No Ex'as Q $0.00 per ff. = $0.0C
$1,472.50
I
52 Edwan~, Freddie Joe & 50.00 ff. Curb, Guitar and Pavement - Frmlt ~ $9.75 per fL = $4~7.SC
Irna Jean Edwards 0.00 fL Curb, Gut~r and Pavement - Side I~ $4.88 per ft. = $9.0(
14493 B Padre Island D~ ~ 200.00 Bf. 4 ff. Wide Sidewalk - Frmlt ~ $1.00 per ff. = $200.0~
Co~pus CTnristi, TX 784~ 8-5940 0.00 ft. 4 ft. Wide Sidewalk - Ba~ ~ $0.50 per fL =
884~-0003-0100 0.00 ff. No Extras ~ $0.00 per fL = $0.00!
$687.50
53 Edwards, Freddie Joe & 50.00 ff. Curb, Gutter and Pavement - Front ~ $9.75 per ft. = $487.50
/rna Jean Edwards 0.00 ft. Curb, Gu~er and Pavement - Side ~ $4.85 per ft. = $0.00
~4493 B Padre Island Dr #A 200.00 sr. 4 ft. Wide Sidewalk - Front ~ $1.00 per fL = $200.00
Corpus Chdstl~ TX 784~8-5943 0.00 ft. 4 ft. Wide Sidewalk - Back ~ $0.50 per It. = $0.00
3334 Laguna Shores Rd. 0.00 sf No Driveway ~ $3.40 per fL =
Lot 9, Block 3 0.00 sf No Second Driveway I~ $5.40 per ff. = $0.00
B846-0089-0090 0.00 ff. No Ex,'as ~ $0.00 per fL = $9.00
$657.5O
Page 11of17
-117-
EXHIBIT "F"
~ Page¶¶of¶7 II
55
56
, Preliminary Assessment Roll
Laguna S,~ores Road - Maditerranea~ Dr. to Caribbean Dr,
City Project No. 6158
133.50 ft. Curb, G~ter and Plverne~t - Front O $9.75 perit. = $1,301,6
3326 Laguna Shores Rd
Corpus Chnift; TX 78418
3322 Lagurm Shores Rd,
Lots 7 & 8, and S. 33,5' of Lo~ 6
Block 3
Tropic lalml
434.00 sf. 4 ft. Wide Sidewalk - Front ~ $1.00 per fL = $434.00
0.00 It. 4 ft. Wide Sidewalk - Back ~ 50.50 per ff. = $9.00
155.00 sf I - 13 ft. Driveway. Front ~ $5.40 per ft. = $837.00
t45.00 If ! 1 - t2 ft. Driveway-Front ~ $5.40 per fL = ~753.00
! = $(3.00
0.00 ft. No Extras ~ $0.00 perfL = $0.00
0.00 It,
102.00
0.00 fL
270.00 If
$3,355.63
Page 12 of 17
-118-
Page 12 of 17
Preliminary Assessment Roll
Laguna Sheres Road - Mediterranean Dr. to Caribbean Dr.
City Project No. 6158
Robinson, Dewd T ET UX
3302 Laguna .Shores R~
Tropic
73.04 ft. Curb, Gutter and Pavement- Front ~ $9.76 per ft. =
0.00 ft. Curb, Gutter and Pavement - Side ~ $4.88 per ft. =
222.56 sr. 4 ft. Wide Sidewalk - Front @ $1.00 per ft. =
0.00 fl. 4 ft. Wide Sidewalk* Side (~ $0.50 per ft. =
199.00 sf I - 17.4 ft. DIiveway. Front ~ $5.40 per ft. =
0.00 sf No Second Driveway ~ $5.40 per ft. =
0.00 ft. No Extras ~ $0.00 per ft. =
0.00 ft. No Extras ~ $0.00 per ft. =
82.96 ft. Curb, Gutter and Pavement - Front ~ $9.75
0.00 ft. Curb, Gutter and Pavement. Side ~ $4.88
256.32 sr. 4 ft. Wide Sidewalk - Front ~ $1.00
0.00 ft. 4 ft. Wide Sidewalk - Side ~ $0.50
214.00 ef 1 - 18.9 ft. Ddveway - Froflt ~ $5.40
0.00 sf No Second Drb,-eway ~ $5.40
0.00 ff. No Extras O $0.00
0.00 ft. No Extras ~ $0.00
50.00 ft. Curb, Gutter and Pavement- Front {~ $9.75
0.00 ft. Curb, Gutter end Pavement - Side ~ $4.88
92.00 sf. 4 ff. Wide Sidewalk * Front ~ $1.00
0.00 ft. 4 It. Wide Sidewalk o Side ~ $0.50
2~5.00 sf t - 27 f~ D~veway - Front I~ $5.40
0.00 sf No Second Driveway ~ $5.40
0.00 f~ No Exlras ~ $0.00
0.00 ft. Ne Extras
50.00 ft. Curb, Gutter and Pavement - Front ~ $9]5
0.00 ft. Curb, Gutter and Pavement - Side ~ $4.88
160.00 sf. 4 ft. Wide Sidewalk - Front ~ $1.00
0.00 ft. 4 ft. Wide Sidewalk - Side ~ $0.50
125.00 sf I - 10 ft. Driveway - Front ~ $5.40
50.00 ft. Curb, Gutter and Pavement - Front ~ $9.75
0.00 ft. Curb, Gu~er and Pavement - Side ~ $4.88
146.8 sf. 4 ft. Wide Sidewalk - Front
0.00 ff. 4 ft. Wide Sidewalk - Side ~ $0.50
158,00 sf 1 - 13.3 Driveway - Fm~t ~ $5.40
0.00 sf No Second Driveway @ $5.40
0,00 ft. No Ex,'as @ $0.00
0.00 ft. No Exl~s @ $0.00
per ft. =
per ft. =
per ft. =
$0.00
$222.56
$809.0~
$853.20
$0.00
$0.00
$0.00
$2,009.30
$2,172.50
$1,322.50
$1,487.50
Page 13 of 17
-119-
EXHIBIT "F"
Page t3 of 17
65
Preliminary Assessment Roll
Laguna Sh~res Road - Mediterranean D~'. to Caribbean Dr.
City Project No. 6t58
0.o0 It.
13o.00 sL
o.oo It.
200.00 sf
o.o0 sf
o.oo ff.
o.oo ft.
Curb, Gutter and Pavement - Side ~ $4.~ per ft. = $0,0~
4 ff. Wide Sidewalk - Front ~ $1.00 per It. $130.00
1-17.5 It. Driveway. Front ~ $5.40 per ff. = $t,080.00
$9.75
$4.~
$5.40
$5.40 ~er ff.
$0.00
mr It. = $0,0~
)er It. = $1
= $0.0C
$9.75 perff. = $487.50
$4.~8 per It. = $0.00
$1.00 per ft. z $116.00
$1,697.50
$1.997,S0
~46-0004-00~0 0.l~0 ft. No EX~'as ~ $0.00 per It. =
$2,2~?.60
Page 14 of 17
-120-
EXHIBIT 'F" I[
Page 14of 17
i Preliminary Assessment Roll
Laguna Sh~bres Road - Mediterranean Dr. to Caribbean Dr.
City Project No. 6158
69 NIc~Iau,~enAETUX 50.00lt. r Curb, OufterandPevement-Front ~ $9.75 perR. = $437.50I
Teresa W N~colau 0.00 It. Curb, Gu~er and Pavement- Side ~ $4.M per ft. = $0.00I
3206 Laguna Shores/~d 200.00 sf, 4 ft. Wide Sidewalk - Front ~ $1.00 per ft. = $200.00I
Corpus Christi, TX 78418 0.00 fL 4 ft. Wide Sidewalk - Side ~ $0.50 per ft. = $9.00I
3210 Laguna Shores Rd. 0.00 sf, No Driveway ~ $5.40 per ft. = $0.00I
Lot 10, Block 4 0.00 sf No Second Driveway ~ $5.40 per fL = $0.00I
Tropic I~lu 0.00 fL No Ex'b'as ~ $0.00 perfL = $0.00I
;] $687.50
~208 Laguna Shores Rd 122.40 sf. 4 ft. Wide Sidewalk. Front ~ $1.00 per ft. = $122.40I
~.orpu~Chr=ti, TX78418 0.00 fL 4 fL Wide sidewidk - side ~ $0.S0 perff. = $0'001
3206 Laguna Shores Rd. 219.00 sf 1 - 19.4 fL Driveway. Front ~ $5.40 per ft. = $1 ,t82.60I
-ot 1 t, Block 4 0.00 $f No Second Driveway ~ $5.40 per ff. = $0.00I
rroplc Islu 0.00 ft. No Extra~ @ $0.00 per ft. = $0.00~
~846-0004~t10 0.00 ft. No Extras ~ $0.00 perft. = $0.00/
/
$1,792.00
71 Thomas, Charlene And 50.00 ft. Curb, Gutter and Peverrmnt - Front ~ $9.75 per ff. = $487.80I
~2f N Chaparral 153.20 sr. 4 ft. Wide Sidewalk. Front ~2 $1.00 per ff. = $153.20I
Corpus Chrtab~ TX 7840~ 0.00 FL 4 ft. Wide Sidewalk - Side ~ $0.50 per ff. = $0.00I
$202 Laguna Shores Rd. 142.00 sf 1 - 11.7 ff. D~veway - Front ~ $5.40 per ft. = $766.80I
Lot t2, Block 4 0.00 sf No Second Driveway ~ $S.40 per ff. = $0.000I
Tropic Isie~ 0.00 ft. No Extras ~[~ $0.00 per ff. = $0.
8846-0004-0120 0.00 ft. No Extras I~ $0.00 per ff. = $0.0I $1.407.00
01
72 CorSs~, V/~gin/a 00.00 ff. Curb, Guffer and Pavement. Front ~ $9.75 per ft. = $487.5
Corpus Chridti, TX 784f8 200.00 sr. 4 ft. Wide Sidewalk * Front ~ $1.00 per ft. = $200.00I
Lot 13, Block 4 0.00 sf No DrK'eway ~ $5.40 per ff. = $0.00I
Tropic Isles 0.00 sf No Second Driveway ~ $5.40 per ft. = $0.00I
8846-0004-~t30 0.00 ff. No Extt'as ~ $0.00 per ff. = $0.00I
0.00 ft. No Extras ~ $0.00 per ft. = $0'001
/
$0a7
Tine Cox, Vv~E 0.00 ft. Curb, Gutter and Pavement - Side ~ $4.88 per ft. = $0.00I
°1
NE 2./3 of Lot 14, Block 4 0.00 sf N0 Second Ddveway ~ $5.40 peril = $0.00I
01
Page 15 of 17
-121-
EXHIBIT "F" II
Page 15 of 17
75
76
Preliminary Assessment Roll
Laguna Sh~res Road - Mediterranean D~. to Caribbean Dr.
City Project No. 6158
0.00
120.00
0.00 ff.
225.00 sf
0.00 sf
0.00 ft.
0.00 ft.
Curb, Gutter and Pavement - Side O $4.88 per ft. = $0.~
4 It. Wide Sidewalk. Front O $1.00 per ff. = $120.0C
4 fL Wide Sidewalk * Side ~ $0.50 per It. $0.~
I - 20 It. D~veway - Front ~ $5.40 per ft.
No Second Driveway I~ $5,40 per ft. =
No Ex. es ~ $0.00 per ft. = $0.00
No Extras O $0.00 per ft. = $0.00
50.00 It. Curb, Gutter and Pavement - Front ~ $9.75 per fL = $497.50
0.00 ft. Curb, Gutter end Pavement - Side ~ $4.89 per ft. = $0.00
136.00 sr. 4 ff. Wide Sidm~alk - Front (~ $1.00 per fL = $136.00
0.00 tr. 4 It. Wide $ide~alk - Side ~ $0.50 per ff. =
t85.00 sf I - 16 ft. Driveway - Front O $5.40 per ft. =
0.00 sf Ne Second Driveway ~ $5.40 per ft. = $0.00
50.00 fL Curb, Gutter end Pavement. Front ~ $9.75
0.00 ff. Curb, Gutter and Pavement - Side ~ $4.88
131.6 sf. 4 ff. Wide Sidewalk. Frm~t ~ $1.00
0.00 ft. 4 It. Wide Sidewalk. Side ~ $0.50
196.00 sf I - t7.1 It. Driveway. Fn~t O $5.40
0.00 sf No Second D~veway ~ $5.40
~er fL = $487.5~
~er It. = $0.0(
mr ff. = $1,05fL4¢
$1,822.50
$1,622.$0
0.00 ft. No Extras ~ $0.00 per ft. = $0.{X
Page 16 of 17
-122-
Page 16 of 17
I Preliminary Assessment Roll
Laguna Shbres Road - Mediterranean Dr. to Caribbean Dr.
City Project No. 6158
BtYght, Calwn F.
3105 Laguna Shores R~
Coqous Chdsti, TX 78418
Block 4
Tropic Isles
50.00 ff. Curb, Gutter and Pavement. Front ~ $9.75 per ftc. =
0.00 ft. Curb, Gutter end Pavement - Side ~ $4.88 per ftc. =
I08.8 sf. 4 ft. Wide Sidewalk - Front ~ $1.00 per It. =
0.00 ftc. 4 ftc. Wide Sidewalk - Side ~ $0.50 per it, =
253.00 sf 1 - 22.6 fl. DriVeWay - Front ~ $5.40 per ftc. =
0.00 sf No Second Driveway ~ $5.40 per ftc. =
55.00 ff.
0.00 ftc.
194.00
0.00 ftc.
t90.00 sf
0.00 sf
143.27 ftc.
0.00 ftc.
531.08 sr.
0.00 ftc.
130.00 sf
000 sf
0,00 It.
$1,366.2(
$0.00
Curb, Gutter and Pavement ~ Front ~ $9.75 per lt. = $633.75
Curb, Gutter and Pavement - Side ~ $4.88 per it. = $0.00
4 It, Wide Sidewalk - Front ~ $1.00 per · = $194,00
4 lt. Wide Sidewalk - Side ~ $0.50 per f~ = $0.00
1 - 16.5 ftc. DriVeway - Front ~ $5.40 per ftc. = $t ,026.00
No Sm~nd Driveway ~ $5.40 per ftc. = $0.00
No Eidms ~ $0.00 per ftc. = $0.00
No Extrlm I~ $0.00 per ft. = $0.00
Curb, C-utter and Pavement. Front ~ $9.75 per ftc. =
Curb, Gutter and Pavement - Side ~ $4.58 per It. =
4 It, Wide Sidewalk - Front ~ $1.00 per lt. =
$0.00
$53t .08
$1,962.50
$1,853.75
Enid Laguna Shores Rd. - Northwest Side
Fr~m Mediterranean Dr. to Caribbean Dr.
Total of all Assessment Roll $146,963.49
Page 17 of 17
-123-
EXHIBIT "F" II
Page 17 of 17
PRELIMINARY PROJECT BUDGET
LAGUNA SHORES ROAD STREET IMPROVEMENTS
FROMi MEDITERRANEAN TO CARIBBEAN
(Project No. 6156)
August 26, 2003
FUNDS AVAILABLE:
Streets ................................. ; .....................................................
Storm Water .................................................................................
Wastewater .................................................................................
Water ...........................................................................................
Total ..........................................................................................
FUNDS REQUIRED:
Construction (Berry Contracting}:
Street ............................................................ $650,975.50
Storm Water ................................................... 1,100,691.00
Wastewater ................................................... 833,272.50
Water ............................................................ 174,120.00
Subtotal Construction ..................................................................
Contingencies (10%) .....................................................................
Consultant (Bass & Welsh Engirieering) .............................................
Consultant (Goldston Engineeririg) ...................................................
Consultant (James K. Lontos, P. E.) ................................................
Finance Reimbursements ...............................................................
Engineering Reimbursements .........................................................
Testing .........................................................................................
Bond Issuance Expense ..................................................................
Misc. (Printing, Advertising, etc.~. .....................................................
Total ..........................................................................................
$950,152.14
1,233,694.59
1,019,264.90
243,361.73
$3,446,473.36
$2,759,059.00
275,905.90
298,361.00
18,996.00
509.61
7,O20.70
35,000.00
13,500.00
9,676.15
3,500.00
$3,446,473.36
-124-
Page 1 of I
TIME SCHEDULE
Laguna Sl~ores Road Street Improvements
fromMediterranean to Caribbean
Receive Bids July 23, 2003
Determination of Necessity ~nd Schedule Public Hearing August 25,
2OO3
Advertise for three (3) consecutive weeks:
lS' advertisementr September 1, 2003
2n° advertisement September 8, 2003
3" advertisement September 15, 2003
advertise 21st d~y before Public Hearing September 9, 2003
Deadline
to
Mail out individual notices September 11, 2003
Deadline to send out individbal notices 14th day before September 16, 2003
Public Hearing
Public Headng and Award ~ontract September 30, 2003
Pre-Construction Meeting November 3, 2003
Notice to start Construction November 3, 2003
Complete Construction (46~ Calendar Days) February, 2005
-125-
EXHIBIT "H"
Page 1 of I
NOTICE ~F PROPOSED ASSESSMENTR
P~'eliminary Assessment Roll
Laquna§hores Road Street Improvement~
fro~ Mediterranean to Caribbean
This street shall be constructedI by excavation to a width and depth to permit the laying
of a standard 6-inch curb and g~tter section, 10-inch cement stab zed base, 3-inch hot
mix asphaltic concrete pavemer~t. The street shall be 40-feet and constructed within the
existing right-of-way. There will be 4-foot wide standard reinforced concrete sidewalks
and 9-inch concrete bake path lied to back of curb 4-inches thick with ADA compliance
and 6-inch thick reinforced conci'ete driveway.
The assessment rates have b~en calculated in accordance with the City's current
assessment policy and the Iow~ bid pdces submitted by Berry Contracting of Corpus
Christi, Texas. The assessmen~ rates are as follows:
Item
6' C. G. & PVMT.-40'-0" B-B
Driveways
Bid Prices for
Assessable
Improvements Plus
Engineering Costs
(Adjusted per C. C. Code
Section 49-21)
Residential, Church, School P~operty
6" C. G. & PVMT.
Sidewalk (4')
Driveways
Actual Cost % Street (C. G.,
Pavement 40' B-B)
Total Bid Price
Preliminary Assessments
City Share
Maximum
Assessment
Rates per C. C.
Code Section 49-21
54.93 19.50
5.40 5.40
9.75
1.00
5.40
87.88
$2,759,059.00
146,963.49
$2,612,095.51
/~g§l R. Escobar, P. E.,
Director of Engineering Services
-126-
EXHIBIT "1"
Page I of I r
14
AGENDA MEMORANDUM
August 26, 2003
SUBJECT: J.C. Elliott LandfilI Sector 10 Liner Improvements - Project #5145
AGENDA ITEM:
a. Ordinance Appropriating ~436,624.27 from unappropriated interest earnings of the
Public Health and Safety!Capital improvement Fund No. 3357 for Sector 10 Liner
Improvements (J. C. Elliott Landfill) and to allow Fund Closure; Amending
Ordinance No. 025114 Which Adopted the FY 2003 Capital Budget by increasing
appropriations by $436,624.27; and Declaring an Emergency.
bo
Motion authorizing the City Manager, or his designee, to execute a construction
contract in the amount of $1,332,451.00 with LD Kemp Excavation, Inc., of Fort
Worth, Texas for the Sector 10 Liner improvements (J. C. Elliott Landfill).
ISSUE: Liner Improvements are required by the Texas Commission on Environmental
Qualtiy (TCEQ) prior to disposal of municipal wastes.
FUNDING: Funding is available from the Public Health and Safety Capital Improvement
Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~ffery K~'plan / I~at~
Director- Solid Waste Services
/A'ng~l R. Escobar, P.E. Date
Director- Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Preliminary Budget
Exhibit C - Location Map
Exhibit D - Bid Tabulation
H:~-IOME~KEVINS\GEN~_ANDFILL~Sectorl 0~AwdConstMemo.wpd
-129-
ADDITIONAL INFORMATION
BACKGROUND: The J. C. Elli(~tt Landfill consists of a series of disposal areas that are
developed as needed. Landfills have evolved from simple disposal sites with limited
improvement into engineered s~fstems providing a high level of environmental protection.
Each disposal area within the ,~. C. Elliott Landfill consists of a disposal cell/sector with
liners, monitoring requ'rements,i leachate collecbon systems, and gas collection systems.
A final cover is installed after ar~ area has been filled to ensure compliance with TNRCC
regulations.
The currently-used disposal are~(Sector 9) was constructed during 2002. Construction of
the next disposal cell, identified las Sector 10, needs to proceed at this time to ensure that
the constructed cell will be ready when required.
PRIOR COUNCIL ACTION:
January 15, 2002 - Ordinance a~3propriating the FY2002 Capital Budget and adopting the
Capital Improvement Planning Guide (Ord. No. 024730).
November 12, 2002 - Motion authorizing the City Manager, or his designee, to execute
engineering services contract with Shiner, Moseley and Associates, Inc. in an amount not
to exceed $99,700 for the J. C. Elliott Landfill Sector 10 Liner Improvements (M2002-371).
contract with Trinity Engineering / Kleinfelder of Corpus Christi for a fee not to exceed
$117,297 for the J. C. Elliott Landfill Sector 10Liner Improvements (M2002-384).
PROJECT DESCRIPTION: Thls project consists of construction of a composite clay and
geomembrane liner and leachate collection system on an area of approximately ten (10)
acres. The project includes the construction of a north crossing and borrow area and the
adjustment of a landfill gas header.
BID INFORMATION: The project was bid as a base bid with one additive alternate. A total
of four (4) bids were received on August 6, 2003, with bids ranging from $1,332,461.00 to
$1,458,109.90 (see Exhibit D - Bid Tabulation). The qualified Iow bidder was LD Kemp
Excavating, Inc., of Fort Worth, Texas with a bid of $1,332,461.00. The engineer's
estimate was $1,455,914.38. Additive Alternate No. 1 is for the adjustment of an existing
Landfill Gas (LFG) Header. This is being awarded with the base bid.
BID RECOMMENDATION: LD Kemp Excavation is an established company whose
principals and employees are experienced with projects of this nature, having successfully
completed similar projects. They have successfully completed projects for the City of
Arlington and City of Irving. After reviewing the company's capabilities, the City's
-13O-
J Exhibit "A" 1
Page 1 of 2
consultant Shiner, Moseley & Associates, Inc., and City staff recommend that LD Kemp
Excavating be awarded the construction contract in the amount of $1,332,461.00.
CONTRACT TERMS: The contract specifies that the project Sector 10 will be completed
first within 105 calendar days. Completion of Sector 10 is anticipated no later than
January, 2003.
-131-
Exhibit "A" J
Page 2 of 2
J. C. Elliott Landfill Exoansion Sector 10 Liner Improvements
Preliminary Project Budget
August 26, 2003
FUNDS AVAILABLE:
Public Health and Safety Bond Funds ........................
Total .......................................... ? .................................
$1,664.058.00
$1,664,058.00
FUNDS REQUIRED:
Construction Contract
Project Contingency (8%) ............................................
QAJQC Testing Contract ..............................................
Engineering Design/Permit (Shiner, Moseley) .............
Construction Inspection (in A/E COntract) ....................
Survey (in A/E contract) ..............................................
Engineering Project Liaison .........................................
Incidental Expenses (Printing, Advertising, etc.) .........
TOTAL .........................................................................
$1,332,461.00
$ 106,600.00
$ 117,297.00
$ 99,700.00
$ -0-
$ -0-
$ 4,000.00
$ 4,000.00
$1,664,058.00
Exhibit B
Page 1 of I
-132-
F.~. 665
[CLOSED SECTION OF LANDFILL
F.M. 43
LOCATr. ON MAP
N.T.S.
PROJECT
PROJECT SITE
N.T.S.
EXHZB~TT "C"
ELLIOTT LANDFILL SECTOR
10 LINER IMPROVEMENTS
CITY OF CORPUS CHRISTI, TEXAS -1:~3-
Cr. TY COUNCr_L EXH.r_B.[T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 08-26-200,3
4
TABULATED BY.- Angel R. Ewobw,, P.E. D7ractardEnglneerfrrg Service,
Data: Wednesday, August S. 2003
TABL .TION OF BIDS
DEPARTMENT OF ENGINEE' 4G -CITY OF CORPUS CHRISTI, TEXAS
ENGINEER'S ESTIMATE: $1,455,514.35
TIME OF COMPLETION: 120 CALENDAR DAYS'
('105 Calendar Days N Add. AR Not Awarded)
JCESec,110.BTFAs
811412003
ezhlblt D
Page 1 of 2
J.C. ELLIOTT LANDFILL SECTOR 10 LINER
IMPROVEMENTS
No. 5145)
1
LlohiliraticrllDenrobi5taeon,
complete In place per Lump Sum
1
LS
$
125.000.00
'5.000.00
$
75.000.00
75.000.00
33.110.00
33.140.00
S
1- 22.382.00
S
122.392.00
2
Final Excavation and Grading,
complete M Piece per Scuame Yard
52950
SV
S
0.60
f
1,770.00
$
1.00
TS
52,950.00
S
0.29
S
15,355.50
$
0.79
$
41,830.50
3
2 -fool Clay Liner, complete in
place oer Sauare Yard
52950
SY
-$---2
30
S
21,785.00
4.00
-f--211
-aoo o0
$
2.65
$
140,317.50
S
3.50
S
185,325.00
4
Smooth HOPE Geomemdsne Liner
ffloory'-completainplacepw
Souare Yard
49150
SV
f
3.22
_;8,2.8.3.00
$
_3_.50
.$.
172._0.2
374
._
37
15.00$ 05
5
Textured HDPE Geomembran0
Liner (slopes), complete in
5460
SV
E
4.60
$
25,116.00
T--4
00
S
21,840.00
S
4.61
$
25,170.80
$
387
$
21,130.20
ace cer Staters
6
Drainage Geocortpos8e,
complete In place per Square
8720
SV
E
4.25
S
77,060.00
S
4.00
S
34.880.00
S
4.15
S
38.188.00
S
3.41
f
29.735.20
Yard
7
2 -foot Sand Layer, complete in
lace Y
55950
SV
S
11.84
S
62,448.00
S
10.50
$
587,475.00
T-1
S
764,838.50
S
12.31
E
888,744.50
8
64nch Dia. Perforated HDPE
Pipe, complete in pleco per
Uneaffoot
1250
LF
$
11.00
$
,15.00
9 .00
S
5.0
11,20
f
11.30
$
14,125.00
S
7.90
$
9,875.00
Gravelill notextils
for Leachate Trench. cooplete
1
LS
S
1810400
, .
E
1810400
, .
E20,000.00
20,000.00
S
1819000
,
E
7819000
325000E
32
,530.009
in place per Lum SuM
10
18 inch die. HDPE Sump Pipe
Line, complete in Alec t per
80
LF
S
T7.so
S
8,200.00
T-45
oo
f
3,600.00
f
63.00
$
5,040.00
E
81.00
$
6,480.00
inear F t
11
Concrete Headwall, complete m
place par Each
1
FA
$
8,320.00
$
6,320.00
S
5,000.00
S
5,000.00
S
8,870.00
5
8,870.00
$
2,50.00
E
2,500.00
12
Gravel Baddill and Geotextile
for Sumps, complete in place
1
LS
f
4,50.00
S
4,500.00
S
8.000.00
S
8.000.00
S
4,590.00
$
4,590.00
S
8,650.00
E
8,85.00
iper Lump Sum
13
Submersible Sump Pump,
cam lelo place m
1
LS
$
14,600.00
S
14,800.00
$
12,000.00
$
12,000.00
E
12,990.00
S
12,990.00
T--17-500
1500.00
E
11,.00
14
Intemledlate Containment Berm,135
Vete in co r LI r Fact
LF
S
5.5
E
7.830.00
S
3.00
S
4,05.00
$
13.30
S
17,955.00
S
14.32
$
19,332.00
JCESec,110.BTFAs
811412003
ezhlblt D
Page 1 of 2
Co
CI 1
TABULATED BY. -Angel R. Escobar, P.E. Diredor of Engineering Services
Date: Wednesday, August e, 2003
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS
ENGINEER'S ESTIMATE: {1,455,914.38
TIME OF COMPLETION: 120 CALENDAR DAYS'
(-105 Calendar Days X Add. A8. Not Awarded)
" Ermrs in malfwmatIcal calculations, trials mneded.
JCESW"O.BTF.1de
811412003
EahlbR D
Page 2 of 2
J.O. ELLIOTT LANDFILL SEU I UK to LINLK
IMPROVEMENTS
Wrolect No. 5145
t5ale
15
Temporary Drainage Berm,
1800
LF
S
3.10
$
5,550.00
E
2.00
3,600.00
$ 10.30
S 18,540.00
S 5.40S
9,720.00
complete M place per Linear
F
16
Sump Pump Electrical Supply,
1
LS
$
15,000.00
E
15,000.00
$
15,000.00
$ 15,000.00
S 14,880.00
S 14,880.00
$ 13,900.00
E
13,900.00
complete in place per Lump
17
Sector 7 8 8 Electrical
1
LS
S
19,575.00
E
19,575.00
S
15.000.00
S 15,000.00
S 12,830.00
S 12,830.00
S 11,500.00
S
11,500.00
Upgrade, complete in place per
11 Sum
-tow
Nodh Crossing, complete in
1
LS
37,000.00
S
37,000.00
S
73,773.00
S 73,773.00
$ 52,800.00
$ 52.800.00
$ 45,980.00
$
45,980.00
Diem per Lump Sum
30
tNO.
ADDITIVE ALTERNATE 81
L.F.G. Header Adjustment
cam In ace r m
1
LS
S
24 380.00
$
24,360.00
$
24,493.00
E 24,493.00
$ 47,730.00
$ 47 730.00
E 41 200.00
E
41,200.00
" Ermrs in malfwmatIcal calculations, trials mneded.
JCESW"O.BTF.1de
811412003
EahlbR D
Page 2 of 2
ORDINANCE
APPROPRIATING $4361624.27 FROM UNAPPROPRIATED INTEREST
EARNINGS OF THE IPUBLIC HEALTH AND SAFETY CAPITAL
IMPROVEMENT FUNI~ NO. 3357 FOR SECTOR 10 LINER
IMPROVMENTS (J. C.!ELLIOT LANDFILL) AND TO ALLOW FUND
CLOSURE; AMENDINGi FY 2002-2003 CAPITAL BUDGET ADOPTED
BY ORDINANCE NO. q25144 TO INCREASE APPROPRIATIONS BY
$436,624.27; AND DECL~ARING AN EMERGENCY
BE IT ORDAINED BY THE CI~Y COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $436,624.27 Is appropriated from the unappropriated interest
earnings of the Public Health an~l Safety Capital Improvement Fund No. 3357 for Sector
10 Liner Improvements (J. C. Elliot Landfill) and to allow fund closure.
SECTION 2. That the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144
is amended to increase appropribtions by $436,624.27.
SECTION 3. That upon written ~equest 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
upon first reading as an emergency measure this the __ day of ,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
~,rmando Chapa,
City Secretary
APPROVED: August 21, 2003
Lisa Aguilar ~)
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
-136-
15
15
AGENDA MEMORANDUM
DATE: August 26, 2003
SUBJECT: Wood River Drive (River Park Drive 20-foot alley) Drainage Improvements
(Project No. 2177)
AGENDA ITEM: a
Motion authorizing the City Man ger, or his designee, to award a construction contract to
DMB Construction from Corpus qhristi, Texas in the amount of $56,324.62 for the Wood
River Drive (River Park Drive 20~foot Alley) Dra nage Improvements.
ISSUE: The proposed project is part of the additional $5 million City Council awarded as
part of the Storm Water Capital Improvement Program FY 2002-2003 for minor storm
drainage improvements around the city. Wood River is part of this program. Wood River
is located in the northwest part o? Corpus Christi; and the area is prone to flooding due to
steep slopes, erosion, and ponding of water.
FUNDING: Funds for this projeCt are available in the FY 2002-2003 Storm Water Capital
Improvement Budget.
Vah ~ Gray, P?,E.
Dir~ :)r of Storm Wa1
: Staff recemmends approval of the motion as presented.
~'__ng~l R. Escobar, P. E.,
~r Department Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tabulation
Exhibit"D" Location Map
-139-
BACKGROUND INFORMATION
SUBJECT: Wood River Drive (River Park Drive 20-foot Alley) Drainage Improvements
(Project No. 2177)
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Apl~roval of the FY 2002-2003 Capital Improvement Budget
(Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION:
1. July 25, 2003 - Executed ~small consultant agreement with LNV Engineering in the
amount of $6,000 for tht~ Wood River Drive (River Park Drive 20-foot Alley)
Drainage improvements.
BACKGROUND INFORMATIOI~: The proposed project is part of the additional $5 million
City Council awarded as part of the Storm Water Capital Improvement Program FY 2002-
2003 for minor storm drainage improvements around the city. Wood River is part of this
program. Wood River is Iocated~ in the northwest part of Corpus Christi; and the area is
prone to flooding due to steep slbpes, erosion, and ponding of water.
the construction ot approximately bUO square yar(~s of asphalt paving, installing a 4-foot
diameter manhole, installing a modified curb inlet, installing approximately 250 linear feet
of 18-inch diameter reinforced concrete pipe, approximately 300 square feet of reinforced
concrete driveway and approximately 190 square feet of concrete sidewalk, at the locations
shown on the plans and in accordance with the plans, specifications and contract
documents.
BID INFORMATION: Bids were received on July 23, 2003 with four (4) bidders submitting
a proposal. The bid proposal was set up with a Base Bid only. The bids range from
$56,324.62 to $96,450.76; and DMB Construction of Corpus Christi, Texas was the Iow
bidder on the project. City staff recommends a construction contract be awarded to DMB
Construction in the amount of $56,324.62.
CONTRACT TERMS: The contract specifies that the project will be completed in 90
calendar days, with completion anticipated by December 2003.
FUNDING: Funds for this project are available in the FY 2002-2003 Storm Water Capital
Improvement Budget.
-140-
WOOD RIVER DRIVE
(RIVER PARK DRIVE 20-FOOT ALLEY)
DRAINAGE IMPROVEMENTS
(PROJECT NO. 2177)
PROJECT BUDGET
August 19, 2003
FUNDS AVAILABLE:
Storm Water CIP ........................................................................
FUNDS REQUIRED:
Construction Contract (DMB Construction) .....................................
Contingencies (10%) ..................................................................
Consultant (LNV Engineering) ......................................................
Major Projects Activity ...............................................................
Construction Inspection Activity ...................................................
Miscellaneous (Printing, Advertising) .............................................
Total .......................................................................................
$74,424.62
$56,324.62
5,600.00
6,000.00
2,000.00
3,500.00
1,000.00
$74,424.62
-141-
EXHIBIT "B"
Page 1 of I
BIDTA' 'LATION
BIDS TABULATED BY: 'An4e1 R Escobar, P.E., Dlrwla of En9hnwfnl Sorhm
SD DATE: V6**mK y J16y 23, 2003
WOOD RIVER DRIVE( RIVER PARK DRIVE 20' ALLEY) DMBCmaWctlon
DRAINAGE IMPROVEMENTS 1 P.0.8=71110
A4 lsqu Yam 1 3001 S.Y.
SUSTOTAL-PARTAI TEMS AI -A8) I I 1 1 73406'6.73 .
e1 jqqu yd0 1 3001 S.Y.
Remus &. 0dvww y, CMFV*% In plam pw
02 eqr bol 300 S.F.
4a. Rengre 0 replace al0ewa$1. canpleb b place pw
I B3 a9aere bol 190 S.F.
SUBTOTAL- PART ITEMS 81,53) I I I I $16'45&00
TOTAL BASE BD (PART A + PART B) $56.24.62
INDICATES ERROR IN CALCULATION BY CONTRACTOR; CORRECT FIGURES ARE SHOMIN HEREIN.
En96ww0 Es11m5b: $62,813.00
C4b116w Dms: 90
A. Oft CaMhuetlm
102 Abpwt
C. C., TX T8405
Coral Rrwsra
5741 Apra
C. C. TX 78406
smlf a Carobuc0an
3134 FM 3088
Fkr don, TX 70004
UNITPRICE
AMOUNT
UNIT PRICE
I AMOUNT
UNIT PRICE
AMOUNT
$75.90
sle,900.00
577.00
$19,404.90
$4e.1e
$11.637.36
$4,500.00
$4,500.OD
63,000.00
$3.900.00
$2,803.91
$2,803.91
$2.500.00
$2,500.00
$3,300.00
$3.300.00
$5.914.29
$5.91429
530.00
S&000.00
$48.00
$14,400.00
$79.40
523,820.00
$2&00
$25.00
$3.500.00
$3.500.00
$2100.00
21,900.00
sism
S3,780,00
S10,00
112,520,0D
92,50
$870"00
$34705.00
546,934.00
$6470156
$30.00
$9,000.00
$40.00
$12,000.00
$79A9
$23,820.00
$30.00
$9.000.00
$15.00
$4.500.00
$12.29
$3,687.00
$10.00
$1,900.00
$9.50
$1,805.00
$11.78
52,23820
$/9,900.00
$/4305.00
$19,7/5.20
se swo0
$65129.99 •
596A50.76 •
P: siofl
m =
my_
O �
•
i
0
File : councilexhibits\*
PROJECT LOCATION
N
CITY PROJECT No. 2177
LOCATION MAP
NOT TO SCALE
EXHIBIT
WOOD RIVER DRIVE
(RIVER PARK DRIVE 20-FOOT ALLEY)
DRAINAGE IMPROVEMENTS
-143-
CITY COUNCIL EXHIBIT
C1TY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF EIVGINEZ'RfNG SERVICES
PAGE: I of 1
DATE: 08-05-2003
16
AGENDA MEMORANDUM
DATE: August 26, 2003
SUBJECT: Construction Management Services O. N. Stevens Waler Treatment Plant
· High Service P~mp Building No. 2 Pump Modifications
(Project No. 8277)
· Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste)
(Project No. 83~75)
AGENDA ITEM:
Motion authorizing the City M~anager, or his designee to execute a construction
management serv ces contract itl the amount of $50,400 with Engineering & Construction
Management Services for various projects associated with the O. N. Stevens Water
Treatment Plant.
ISSUE: The increased volume elf capital improvement projects has made it necessary to
contract for construction management services to provide increased construction oversight
of projects.
FUNDING: Funds to finance the project are available in the FY 2002-2003 Water Capital
Improvement Program Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Eduardo Gara~a, P. E.,
Director of Water Services
~el/R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit ~A" Background Information
Exhibit "B" Contract Summary
-147-
BACKGROUNDINFORMATION
.SUBJECT:
Construction Man;
O. N. Stevens Wa
o High Service P
(Project No. 82
. Wash Water SI
(Project No. 83
~gement Services
:er Treatment Plant
Jmp Building No. 2 Pump Modifications
77)
stem, Phase 2 (Filter Drain, Yard Piping, Filter to Waste)
75)
PRIOR COUNCIL ACTION:
1. December 17, 2002 -Apl~roval of the FY 2002-2003 Capital Improvement Budget
(Ordinance No. 025144).~
.PROJECT BACKGROUND: Du~ to the increased level of construction activity and the
need to increase construction management oversight, additional construction management
services are warranted to ensure the proper comp et on of construction projects included
n the FY 2002-2003 Capital ImProvement Budget.
.PROJECT DESCRIPTION: Thi~ proposed contract includes construction management
services for the vadous water cal~ltal improvement projects that are overseen by the City s
Construction Inspection Activity. ,Assistance from a construction management consulting
Plant will continue to be completed in a timely manner.
CONTRACT SUMMARYIFFF. A contract and fee summary is attached as Exhibit "B".
FINAL PRODUCT: This contra~Ct will result in additional construction management
resources allowing better management of projects actually under construction.
-148-
Page 1 of I
EXHIBIT B
CONTRACT SUMMARY
Provide the one full-time, proje~ coordinator for approximately six (6) calendar months. The
project coordinator will provide assistance to the City Engineer and Water Department D rector for
the oversight of City construction projects. This will include contractor progress in accordance with
plans and specifications.
Upon award of this contract, the Director of Engineering Services (Director) will instruct the Project
Coordinator to begin work at the ~).N. Stevens Water Treatment Plant. The activities involved in
this phase of this contract for professional services are as follows:
Through the Office of the (lity Engineer, provide a Project Coordinator to assist the Director
of the Water Department ir~ the management of the vadous activities (at the O.N. Stevens
Water Treatment Plant) in~/olved in the enhancement, upgrading and enlargement of the
Plant. The Project Coordihator shall receive guidance and instructions from the Director
of the Water Department, the Water Supply Superintendent, or the City Engineer. The
Project Coordinator shall, from time to time, receive verbal and written policies and
procedures concerning the operation, maintenance and upgrading of the facility to assist
him in his duties to coordihate ail of the vadous activities, to ensure that all contractors,
subcontractors, suppliers and plant employees function in the most harmonious and
productive manner.
Monthly Job Progress Report - prepare a monthly progress report for submission to the City
Engineer and Water Department Director, in writing, on the status of job site progress.
Included in the reports will !be review of contractor's progress payment requests, a status
report on all incomplete change orders, and an evaluation of the construction schedule.
The report will also discuss any disputes, conflicts, or claims relating to the project. The
report will also note any aCtual or anticipated departures from the most recent prior City-
approved schedule of work.
· Claims - When requested, assist the City Engineer with review of any construction claim
submitted.
Summary of Authorized Fees.
Task No. Description
II.A. Construction Phase Services
Total Fee
Total Fee
$50,400
$50,400
-149-
IEXHIBIT "B" I
Page 1 of 1
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Auqust 26, 2003
AGENDA ITEM:
Resolution authorizing the ACting City Manager, or his designee, to execute an
Amendment to the Local TranSportation Project Advanced Funding Agreement for the
State to reimburse the City 10(~% of costs incurred for engineering services for the Bay
Trail Phase 3 project.
ISSUE: Council approval of a resolution authorizing the amendment of the Advanced
Funding Agreement for the BaylTrail Phase 3 project.
FUNDING: Coastal Bend Bay~ and Estuaries Foundation has committed to provide
$400,000 cash for land acquisition which will be used as the local match.
CONCLUSION AND RECOMMENDATION: Approval of the resolution as presented.
~gel R. Escobar, P.E. Date / David Ondrias Date
Director, Engineering Services ~ Director, Parks and Recreation
Attachments:
Exhibit A: Background Information
Exhibit B: Location Map
H:\HOME~LYNDAS\GEI~pARKS~Bay Trail, Ph 3~AGENDA~2.DOC
-153-
AGENDA MEMORANDUM
ADDITIONAL. BACKGROUND INFORMATION
SUBJECT: Amendment to T~DOT Advanced Funding Agreement - Bay Trail, Phase 3
Project No. 3229!
BACKGROUND:
The proposed Bay Trail PhaSe 3 provides a unique addition to the Corpus Chdsti
community. Phase 3 will begin ~at South Padre Island Drive and will connect to the closed
section of the Holly Road right-bf-way. Property acquisitions include land owned by the
Naval Air Station and two pri~ate individuals. The Naval Air Station will convey a
permanent forty-foot easement to the City of Corpus Christi for the project. The remaining
property for the trail will be acquired from the property owner's fee simple and through
donation. The owners are supportive of the project and have agreed to negotiate the terms
of the sale. Acquisition must occur after the approval of the Advanced Funding Agreement
to allow the land to be used for'the required local matching funds.
Additional property will be acquired for futura phases of Bay Trail and for preservation of
wildlife and natural vegetation Unique to the Kayo del Oso.
Phase 3 will provide for the construction of some 4,400 linear feet of ten-foot wide concrete
sidewalk/bike trail, signage, bollards, reflective pavement markings, electrical/telephone
conduit, two pedestrian bridges~ and other improvements.
PRIOR COUNCILACTION:
May 3, 2001 - Resolution authorizing the City Manager or his designee to submit a
grant application to the Texas Department of Transportation in the amount of
$1,462,032 for a Statewide Transportation Enhancement Program Grant to
construct Bay Trail Phase 3 (Resolution No. 024439).
December 17, 2002 - Ordinance Adopting the FY 2002 - 2003 Capital Budget and
Capital Improvement Planning Guide which included Bay Trail, Phase 3, as Park
and Recreation Project No. 44 (Rod. # 025144).
Mamh 11,2003 - Resolution authorizing the Acting City Manager or his designee to
execute a Local Transportation Project Advance Funding Agreement using an in-
kind contribution (Real property valued at $400,000) as a local match for the Bay
Trail, Phase 3 Project. (Resolution No. 025227)
Exhibit A I
H:U-IOME~LYNDAS~GEN~PARKS\Bay Trail, Ph 3~AGENDA-3.~"C]~4- Pa~e 1 of 2
ACTION TAKEN:
· City requested an amendment to the Advanced Funding Agreement for the state to
reimburse the City 100% of costs incurred for engineering services. The land
acquisition is funded by the Coastal Bend Bays and Estuaries Program for $400,000 as
committed in November 2001. This land acquisition provides the entire local match
required by the Advanced F~Jnding Agreement.
FUNDING: /
· The City will be reimburseid 100% for engineering services that are reasonable,
allowable and allocable. The reimbursement percentage will be re-evaluated by
TxDOT upon completion of the land acquisition for the project to ensure the local match
is met. See Exhibit B ~
AGREEMENT:
The City is responsible for land a~cquisition, environmental assessments, mitigation, permits
and project design. The City will be reimbursed 100% of these services based on
compliance with the Local Govemment Project Procedures. If the actual land acquisition
costs is less than the require~J 20% local match for this project, the reimbursement
percentage for incurred construction costs will change to 80%. The City would be
responsible for any costs in exdess of the project budget.
TxDOT will be responsible for letting the contract and managing the actual construction.
H:~HOME~.YNDAS\GEN\PARKS\Bay Trail, Ph 3\AGENDA-3.D-CI~5-
Exhibit A
Page 2 of 2
~ Mproject \ councilexhibits \ exh3229, dwg
oc ,o~L '%
LOCATION MAP
NOT TO SCALE
HIKE &~ BIKE 77~AIL
Pea~,
VICINITY MAP
NOT TO SCALE
BAY T~IL PHASE 3 PROJECT
CITY OF CORPUS CHRISTL TEXAS -156-
EXHIBIT "B"
CITY COUNCIL EXHIBIT ~,~
DEP~E~ OF ~G~EER~G S~WC~
PAGE: I of 1
~TE: 0B/21/2005
RESOLUTION
AUTHORIZING THE CI1'~ MANAGER OR HIS DESIGNEE TO EXECUTE
AN AMENDMENT TO THE LOCAL TRANSPORTATION PROJECT
ADVANCED FUNDING A(~REEMENT FOR THE STATE TO REIMBURSE
THE CITY 100% OF COSTS INCURRED FOR ENGINEERING SERVICES
FOR THE BAY TRAIL PHASE 3 PROJECT.
/
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager orhis designee is authorized to execute an Amendment
to the Local Transportation Proje~ Advanced Funding Agreement for the State to
reimburse the City 100% of costs! incurred for engineering services for the Bay Trail
Phase 3 project.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: r'3~-.DAY OF
istant City Attorney
For The City Attorney
,2OO3
-157-
18
AGENDA MEMORANDUM
DATE: August 26, 2003
SUBJECT:
Utilibj Joint Use Agreen~ent - TxDOT
Change Order No. 3 With Gamey Company Project No. 8274
Change Order No. 1 With Reynolds Inliner, LLC Project No. 7226
S.H. 44 Clarkwood Relief Route
AGENDAITEM:
ao
Resolution authorizing the City M~anager or his designee to execute a Joint Use Agreement with
the Texas Department of Transportation for joint usage of the S.H. 44 Clarkwood Relief Route
Right of Way 48-inch water line.
Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with
Gamey Company of Fort Worth, Texas, in the amount of $1,134,955.62 for the Southside
Water Transmission Main Phase 2, 2A, 3--Clarkwood Relief Route 48-inch Water Line
Adjustment/Future Connection and interconnection at F.M. 43 Weber Road.
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 with
Reynolds Inliner, LLC of Baytown, Texas, io the amount of $ 40,799 for the Broadway Basin
$SO-I/I and Rehabilitation Stage, 2--Clarkwood Relief Route Sewer Line Rehabilitation.
ISSUE: Executidn of a change order greater than $25,000 and an agreement with another
governmental agency, Texas Department of Transportation (TxDOT), requires Council action.
FUNDING: Funds are available in the Water and Wastewater Capital Imprevement Program.
RECOMMENDATION: Staff recommends approval of the motions and resolution as presented.
The execution of this Utility Joint Use Agreement is necessary to satisfy TxDOT requirements for
reimbursement of the adjustment of a 48-inch~water line in conflict with the S.H. 44 Clarkwood
Relief Route. The change orders are necessary to adjust and rehabilitate the existing utilities
located within the SH 44 Clarkwood Relief Route right of way.
'/~rgel'R. Escobar, P.E., '
Director of Engineering Services
Director of Wastewater Services
Ed Gara~a, P.E.,
Director of Water Services
r Additional Support Material:
(hibit "A" Background Information
C. xhibit "B: Location Map
-161-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND MEMORANDUM
SUBJECT: Contractural Agra~ement for ROW Procurement-
Reimbursement qf 48-inch Water Line Adjustment
S.H. 44 Clarkwoo~l Relief Route
PRIOR COUNCIL ACTION: I
Motion authorizing the City Man~ager or his designee to execute a construction contract with
Gamey Companies, Ltd., of Kpnsas City, Missouri, for a total fee not to exceed $15,
844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3.
FUTURE COUNCIL ACTION: :
Execution of an Advanced Fun(~ing Agreement to place funds in escrow for installation of
casings for future water and wa~tewater utility lines as part of the construction contract for
the S.H. Clarkwood Relief Route. '
PROJECT DESCRIPTION: TXDOT let the S.H. 44 Clarkwood Relief Route in August,
2003, with Bay, Ltd. is the apl~arent Iow bidder. The construction of the Relief Route
makes adjustments of City utilities within the proposed right-of-way necessary. The Relief
Route bypasses Clarkwood and S.H. 44 to the south. The route crosses an existing 48-
inch water line. The 48-inch water line is parallel to the new 60-inch water line recently
installed as part of the Southside Transmission Main construction contract. The existing 48-
inch water line was installed in an easement acquired in 1955. The cost of relocation is
eligible for up to 90% reimbursement by TxDOT per their reimbursement policies.
TxDOT requires water lines located in their right-of-ways to be installed in casings to
prevent damage to the roadway in case of a. line failure. The 48-inch water line must also
be lowered. Gamey Company )s the contractor for the $outhside Transmission Line and
has agreed to undertake the necessary a.djustments through a change order. Change
Order No. 3 includes: .
· Iowedng and encasing the 48-inch Water line;
· installation of valves and fittings for future water line extensions.
Installation of valves and rittings for interconnection with a water line on Weber
Road, F.M. 43; and
· adjusting a 16-inch gas line.
In addition to the water line related items, Change Order No. 1 is proposed to be issued to
Reynolds Inliner, LLC. The change order provides for the rehabilitation of an existing 10-
inch sanitary sewer line and manholes located within the S.H. 44 Clarkwood Relief Route
right-of-way.
Exhibit A
Page 1 of 2
GENERAL:
The Utility Joint Use Agreement provides that:
The City will maintain the 48-inch water line within the $.H. 44 Clarkwood Relief
Route right of way;
· The City will notify TxDOT prior of any future construction work on this line; and
· Participation in actual cOsts incurred by City for future adjustment are subject to
applicable laws of the State.
Exhibit A
Page 2 of 2 I
.:~.ou~<~v,.s~6~w^~s.~.~,,~=~.~=== -163-
File : councilexhibits\8274oexh.
N
Scan Pcc'cr'icio Coun-I:y
NUECES BAY
R 44
~ 44 A6~E:$
ADJUSTMENT OF 48-INCH
WATER LINE
Nuece$ CounCy
CCIA
LOCATION MAP
NOT TO SCALE
CITY PROJECT NO.8274/7226 EXHIBIT
CITY COUNCIL EXHIBIT
SH 44 CLARKWOOD RELIEF ROUTE ~h~~
Cl~ OF CORPUS CHRISTI,~ rgx~ DATE: 08-26-2003
RESOLUTION
AUTHORIZING THE CITY MANAGER ORHIS DESIGNEE TO EXECUTE
A JOINT USE AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR JOINT USAGE OF THE S.H. 44 CLARKWOOD
RELIEF ROUTE RIGHT OF WAY-48-1NCH WATER LINE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT the City Manager or his designee is authorized
to execute a Joint Use Agreemen~t with the Texas Department of Transportation for joint
usage of the S.H. 44 Clarkwood Relief Route Right of Way -48-inch water line.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Approved: ~ ,~ ~L~;"/L'
For The City Attorney
2003.
-165-
19
CITY COUNCIL
A ENDA MEMORANDUM
AGENDA ITEM:
A. Ordinance appropriating $2'
Wireless Service to pay the
operation costs for 9-1-1 sy.'
the Texas Commission on ,~
operational expenses; Ame~
025394 to increase appml:
Department budget.
City Council Action Date: 08/26/03
"7,154.07 from the General Fund No. 1020 Reserve for 911
Coastal Bend Council of Governments for six months
~tem during transition period under settlement agreement with
tate Emergency Communications Commission; and for other
~ding FY 03-04 operating budget, adopted by Ordinance No.
ations by $277,154.07 in the 1020 General Fund, Police
B. Motion authorizing paymen~of $242,154.07 to the Coastal Bend Council of Governments
for six months operation co_~ts for 9-1-1 system during transition pedod under settlement
agreement with the Texas Commission on State Emergency Communications.
ISSUE: The City and the Texas Commission on State Emergency Communications
have reached a settlement agreement for charges during the six-month transition to a
Home Rule City.
FUNDING: Funds are available in the Reserve for 911 Wireless Service fund.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance
and motion.
Attachments: Letter of agreement
-169-
BACKGROUND INFORMATION
In, 1997 the City filed notice of intent to withdraw from the Coastal Bend Council of
Governments Interlocal Agreen)ent to provide 9-1-1 service to the City of Corpus
Christi and the other COG couqties. Although the agreement was with COG and not
with the State of Texas, the State would not release the City and the City filed a lawsuit
to withdraw. The lawsuit was settled in favor of the City on November 12, 2001 with a
six-month transition period to b~gin our own service. A settlement agreement has been
reached with the Commission on State Emergency Communications for transition costs.
The appropriation also provides for funds for the replacement of chairs and computers
in the 9-1-1 center.
-170-
Commission on
State Emergency
Communications
333 Guadelupe Street,
Suite 2-212
Austin, Texas
78701-3942
July 30, 2003
Mr. George K. Noe
City Manager
City of Corpus Chdsti
P.O. Box 9277
Corpus Christi, Texas "8469-9277
Re: Settlement Agreement between the City of Corpus Christi and the
Commission on ~State Emergency Communications
Dear Mr. Noe:
We concur with the C ty's recommendations in your letter of June 11, 2003.
Enclosed is the CSEC s invoice in the amount of $242,154.07. Please remit
the City's payment of this amount directly to the Coastal Bend Council of
Govemments within 1.~ days. By its acceptance and payment of this invoice
the City acknowledges 'and agrees that the settlement agreement between the
parties dated Decemb,;r 5, 2001, has been fully implemented and closed. If
you have any questions please call me or Carey Spence-Powers at
512-305-6931.
Sincerely,
Executive Director
PM/dm
cc: John Buckner, Exeq:utive Director, CBCOG
Captain Leonard SCott, Corpus Christi Police Department
Luis Cuellar, Corpus Christi Police Department - Management Assistant
Enclosure
-171-
9-1-1
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
costs for the Cit ' of Corpus Christi 12/1/01 through 5/11102.
VENDOR COST
Southwestem Bell
AT&T
Verizon
Department of Informational Resources
Cingular
Sprint
VoiceStream
Vefizon Wireless:
Nextel Partners
USCellular
Intrado
Positron
TML intergovernmental Risk Pool
VistaCom
Dictaphone
Total Costs for invoice pedod
Less wireless fe~s for Corpus
NET TOTAL DUE 15 DAYS
per Maximus
141,634.98
449.23
231.55
4,896.50
13,580.23
2,495.36
4,967.94
7,842.99
0.00
93,551.68
67,503.04
20,835.80
1,878.40
4,940.98
1,511.39
$366,320.07
($124,166.00)
$242,154.07
-172-
220030
230100
230200
230500
250010
250020
251200
Debit
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.O0
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0,00
0o00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Date 08/20/2003
-173-
ORDINANCE
APPROPRIATING $277,354.07 FROM ,.RESERVE FOR 91t WIRELESS
SERVICE IN THE GENERAL FUND, AMENDING THE FY 03-04
BUDGET ADOPTED By ORDINANCE NO. 025394 TO INCREASE
APPROPRIATIONS BY $277,154.07 IN THE 1020 GENERAL FUND,
POLICE DEPARTMENT BUDGET TO PAY THE COASTAL BEND
COUNCIL OF GOVENMENTS FOR SIX MONTHS OPERATION COSTS
FOR 9-1-1 SYSTEM DURING TRANSITION PERIOD UNDER
SETTLEMENT AGREEMENT WITH THE TEXAS COMMISSION ON
STATE EMERGENCY COMMUNICATIONS COMMISSION AND TO PAY
FOR OTHER OPERATIONAL EXPENSES; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CI~'Y COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $277,154.07 is appropriated from the Reserve for gll Wireless
Service in the Genera) Fund to Pay the Coastal Bend Council of Governments for six
months costs for operation of 9-1-1 system during transition period under settlement
agreement with the Texas Commission on State Emergency Communications, and to
pay for other operational expenses of the City's 9-1-1 system.
SECTION 2. That FY 2003-2004 Operating Budget adopted by Ordinance No. 025394
is amended to increase appropriations by $277,154.07 in the No. 1020 General Fund,
Police Department Budget.
SECTION 3. That upon wdtten 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
,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa,
City Secretary
APPROVED: August 21,2003
Lisa Aguilar (..,)
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
-174-
20
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 08/26/03
AGENDA ITEM: Resolution approving the submission of a grant application in the amount
of $220,646 to the U. S. Department of Justice, Bureau of Justice Assistance for funding
eligible under the FY 2003 Local Law Enforcement Block Grants Program. Grant funds will
be used to purchase law enforcement equipment for the Police Department.
ISSUE: The Department of JuStice provides funding opportunities each year in an
effort to reduce crime and improve public safety through various methods, including the
procuring of equipment, technology, and other material directly related to basic law
enforcement functions.
REQUIRED COUNCIL ACTION: City Council must approve the application for submission.
FUNDING: The funding will be available October 1, 2003 and must be expended within
a 24-month period from the date of the grant award. The grant funds may not exceed
90% of total program costs and participation requires a cash match of $22,065
provided from the Law Enforcement Trust Fund. This is the eighth year we will receive
block grant funding with the LaW Enforcement Trust Fund providing the matching funds
each year.
Prior to the obligation of any funds received, the City must establish an advisory board
to review the application and make nonbinding recommendations. Additionally the City
must hold at least one public hearing to make the public aware of the program and its
proposed spending plan.
CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the
grant application.
Attachments:
-177-
BACKGROUNDINFORMATION
With this eighth award, the Law Enforcement Block Grant (LEBG) program has
provided a total of $3,296,624 in grant funds to the City since the program began in
1996. The funds have been used to purchase backbone equipment for the Mobil
Data/Automated Vehicle LocatiDn project, 27 police package vehicles, 50 unmarked
police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for
the Communications van, digital cameras, radars, video cameras, personal computer
hardware and software, an upgrade to the computer system and the radio microwave
system, a mobile police substation, a SWAT rescue vehicle, and other police
equipment.
The funds are dispersed by the Department of Justice on the basis of Part One
offenses reported to the FBI through the Uniform Crime Report. The City reports a
much larger number of Part One offenses as compared to Nueces County, thereby
receiving a greater distribution of funds. The federal law provides for states to declare
funding disparities if a political subdivision incurs more than 50% of the costs in a given
county or prosecution and incarceration of Part One crimes. In the state of Texas, the
Attorney General has determined that Texas counties are responsible for more than
50% of these costs and has certified this fact to the Bureau of Justice Assistance. With
this certification, the City must share the total award with Nueces County. We have
agreed to split the funds 50/50 with the County as we have done the past 4 years.
both entities will lose the funding.
The City funds will be used for the following:
11 unmarked vehicles $ 170,500
13 Tactical body armor $ 15,600
Water tank bullet capture system and
$ 34,546
miscellaneous crime lab upgrades
-178-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT ArGRANT APPLICATION IN THE AMOUNT OF
$220,646 TO THE U.S.~ DEPARTMENT OF JUSTICE, BUREAU OF
JUSTICE ASSISTANCE FOR FUNDING ELIGIBLE UNDER THE FY
2003 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM TO
PURCHASE LAW ENFI)RCEMENT EQUIPMENT FOR THE POLICE
DEPARTMENT
BE IT RESOLVED BY THE CITt' COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. The City Manager, ior the City Manager's designee, is authorized to
submit a grant application in the amount of $220,646 to the U.S. Department of Justice,
Bureau of Justice Assistance, foi funding eligible under the FY 2003 Local Law
Enforcement Block Grant Program to purchase law enforcement equipment for the
Police Department.
A-I-rEST:
THE CiTY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: August 20, 2003
Samuel L. Neal, Jr.
Mayor
Lisa Aguilar L~
Assistant City Attorney
for City Attorney
-179-
21
AGENDAITEM:
A.
Resolution authoriz
accept a grant from
$9,051.93 to be use{
associated with auto
Department
Ordinance appropri~
Advisory Council ir
~ CITY COUNCIL
AGENDA MEMORANDUM
Date: 7/30/03
ng the City Manager, or the City Manager's designee, to
he Coastal Bend Regional Advisory Council in the amount of
for the purchase of equipment, supplies, and services
mating EMS patient records for the Corpus Christi Fire
ting $9,051.93 grant from the Coastal Bend Regional
the No. 1062 Fire Grants Fund to purchase equipment,
supplies, and services associated with automating EMS patient records for the
Corpus Christi Fire Department; and declaring an emergency.
ISSUE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded the City a
Grant in the amount of $9,051.93. This is a direct grant No application was required.
BACKGROUND: This is the fougth year that the RAC has distributed similar ~ants. Every EMS
agency within the twelve county C~astal Bend area, who is actively participating in the RAC, is
receiving funding based upon the ndmber of trauma responses they make. The funds originate from
the State Tobacco Trust Fund and are routed to the RAC through the Texas Department of Health.
FUTURE COUNCIL ACTION: (may not be required) No future action is anticipated on this
particular grant.
RECOMMENDATION: It is recommended that the Council motion to accept the grant and to
appropriate the funds to the Fire Grants Fund to support the automation of the City's EMS patient
reports.
-183-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A GRANT FROM THE COASTAL BEND
REGIONAL ADVISOR)' COUNCIL IN THE AMOUNT OF $9,05'1.93 TO
BE USED FOR THE pURCHASE OF EQUIPMENT, SUPPLIES, AND
SERVICES ASSOCIATED WITH AUTOMATING EMS PATIENT
RECORDS FOR THE C~ORPUS CHRISTI FIRE DEPARTMENT
/
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
accept a grant from the Coastal Bend Regional Advisory Council in the amount of
$9,051.93 to be used for the pl~rchase of equipment, supplies, and services associated
with automating EMS patient records for the Corpus Christi Fire Department.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Lisa Aguilar (7
Assistant City 7~ttorney
for City Attorney
-184-
ORDINANCE
APPROPRIATING
BEND REGIONALt
GRANTS FUND TO
SERVICES ASSOC
RECORDS FOR TF
AND DECLARING
~9,051.93 GRANT FROM THE COASTAL
~DVISORY COUNCILIN THE NO. 1062 FIRE
PURCHASE EQUIPMENT, SUPPLIES, AND
ATED WITH AUTOMATING EMS PATIENT
IE CORPUS CHRISTI FIRE DEPARTMENT;
N EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $9,051i. 93 grant from the Coastal Bend Regional Advisory
Council is appropriated in the No. 1062 Fire Grants Fund to purchase equipment,
supplies and services associated with automating EMS patient records for the
Corpus Christi Fire 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 ordinancesi at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of ,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: July 30, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
-185-
22
AGENDA MEMORANDUM
City Council Action Date: Auflust 26, 2003
AGENDA ITEM:
Item A: An ordinance appropriating a grant from the Texas Department of Health in the
amount of $249,939.00 for I~ersonnel, fringe benefits, travel, supplies and other
miscellaneous expenses to assist in upgrading to a Level B laboratory in the No. 1066
Health Grants Fund; and declaring an emergency.
Item B: A resolution authorizing the City Manager, or the City Manager's designee to accept
a grant from the Texas Department of Health in the amount of $249,939.00 for personnel,
fringe benefits, travel, supplies and other miscellaneous expenses to assist in upgrading to
a Level B Laboratory.
ISSUE: The Texas Department of Health has awarded the Corpus Christi- Nueces County
Public Health Distdct with a grant in the amount of $249,939.00 to fund upgrading the
laboratory beginning September 1,2003 through August 31,2004 to a Level B laboratory.
This will enable the lab to test food for possible agents of bioterrorism as well as enabling
the lab to support the Environmental Health division with outbreaks of food-borne illness.
This is a renewal grant; FY02-03 was the first year this grant was awarded to the Corpus
Christi - Nueces County Public Health Distdct in the amount of $136,104.00.
The attached budget consists of $249,939.00 in financial assistance covering personnel,
fringe benefits, travel, supplies, contractual costs and added addition funds to the
equipment line item
REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: Council approved funding FY02-03.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for continuation of upgrading to a Level B
laboratory.
(Department Head Signature)
-189-
BACKGROUNDINFORMATION
This item renews our current contract with the Texas Department of Health (TDH) to
upgrade our lab to a Level B Laboratory. This will enable the lab to test food for possible
agents of bioterrorism as well as enabling the lab to support the Environmental Health
division w~th outbreaks of food-borne illness. TDH provided grant funding for the first time
to support the Health Department's bioterrorism lab FY02-03. The contract requires no
matching funds. The contract p~riod is from 9/1/03- 8/31/04, and funds are being awarded
to cover personnel, fringe benefits, travel, supplies, contractual costs and additional funds
to update equipment.
-190-
INSTRUCTIONS FOR OUARTERLY FINAL FINANCIAL STATUS REPORT
FORM 269A (TDH FORM GC-4a)
s~c-noN ~ ENTRY
I Contractor Name: Legal na~ ne of contractor as reflected in the contract attachment
2 TDH Program: TDH progn m name as indicated in the contract attachment document
3 Payee Account No.: Account number or other identifying number assigned by the contractor for the
contractor's internal use. (no ' required by TDb0
4 Enter the unique identifying n trebor that has been assigned to the contract attachment. The number normally
consists of your agency's 9 c igit IRS's EmpIoyer ID# plus I digit assigned by TDH and the number of the
fiscal year in which the attach~ aent term ends plus a two digit attachment number. (see Cover Page 2 of your
contract document.)
5 Payee 14 Digit Vendor ID Io: Number assigned by the State of Texas Comptroller's Office (which also
incorporates your a~ency's 9 digit IRS Emplo),er
6 Accounting Basis: Indicate fl' e principal accounting method used by your agency to account for the expenses
relating to the contract attachl aent by placinl~ an "X" in the appropriate space.
7 Payee: Enter the Payee's Complete mailing address. This information must coincide with the State
Comptroller's Office records 9nd Vendor ID number in Section 5 above.
8 Contract Term: Enter the beginning and ending date of the contract attaehment.(e.g., 9/1/99 - 8/31/00). (See
"Cover Pa~;e 2" of your contract document.
9 Period Covered by this Report: Enter the beginning and ending dates of the contract quarter covered by this
report. (month, da)' and yearn
10 Final Report: Check "No" fgr quarterly reports and preliminar,/"finals"; check "Yes" for the final report.
(i) I Standard Budget Categoric4
(ii) Approved Budget: Approved budget figures as reflected in the fully executed contract attachment. The
ill,utes may be changed only lay a formal budl~et amendment.
(iii) Project Cost this Period: Corttractor's allowable expenditures incurred on the attachment during the quarterly
reporting period.
(iv) Cumulative Project Cost~ C~ntractor's cumulative allowable expenditures incurred on the attaoinnent fi.om
inception throush the current quarterly reportin[g period.
(v) Remaining Budget Balance: Subtract Cumulative Project Cost (Column iv) from the approved budget
(Column ii).
k(iii) Program Income Collected: Eater the amount of program income (PI) collected during the quarter. The sum
of the prol~ram income deducted fi.om the reimbursement vouchers for the quarter should equal this amount.
k(iv) Enter the cumulative program income collected during the attachment tenn. This mount should be equal to
the total program income deducted from all reimbursement vouchers submitted under the attachment since
inception.
I(iv) Non-TDH Funding: If the effort for this contract attachment is partially funded by non-TDH sources (from
other agencies or with local filnds) and all costs of the effort are reflected iff the report, enter the cumulative
amount of non-TDH fimdin~ ~¢re.
re(iii) Advance Received: Enter th~ amount ofadvanco payment (if any) your al~uncy has received fi.om TDH.
m(iv) Advance Repaid: Enter the c~umulative amount of the advance which has been repaid - either by reduction
of reimbursement request or b~ refund.
re(v) Balanec Owed: Subtract the amount of the advance repaid (m(iv)) froro the amount of the advance received.
(re(ii0)
n(iv) Cumulative Reimbursemen~ Requested: Enter the sum of all reimbursement vouchers submitted for
reimbursement of expenditure~ incurred since the beginnin§ date of the attachment tenn.
o(iv) Total Reimbursement Received: Enter the total of all cash received for both an advance (if any) and actual
cumulative reimbursement payments since the beginning date of the attachment term
For additional information call the Grants Management Payments Section {~ (512) 458-7520.
Send Reports to: Texas Department of Health
Grants Management Division
1100 West 49th Street
Austin, Texas 78756-3199
-191-
05/2002
q~exas Department of Health
FII~ANCIAL STATUS REPORT
1100 West 49th Street I FSR269A
Grants Management l)iv~ion
Austin, Texas 78756-3199 Phone (512) 458-'
Contractor Name: CORPUS CHRISTI-NUECES COU1NTY PUBLIC YDH Program: LAB/BIOTERR
HEALTH DISTRICT (CITY) TOH Document # Year Attachment #
Payee Acct. No.: 7460005741 2004 02
Payee Vendor lD No.: 17460005741027 Sasis: [ ] Cash [ ] Accrual
Payee Name: CITY OF CORPUS CHRISTI Contract Term: (Month/Day/Year)
From: 09/01/2003 To: 08/31/2004
Address: PO BOX 9277. Period Covered by this Report:
City, ST, Zip: CORPUS CHR/STI, TX 78469-9271 From: 09/01/2003 To: 11/30/2003
PON,,mher: ~17 FinalReport? [ ]Yes[~[No
(v)
(i.~ Project Cost per General Ledger Remaining
Budget
App red (iii) (iv) Balance
(i) Budget Categories Budget This Period Cumulative (ii minus iv)
a. Personnel [ ] 38,000.00
b. Fringe Benefits [ ] 6,300.00
c. Travel [ ] 3,000.00
d. Equipment [ ] 101,000.00
e. Supplies [ ] 30,639.00
f. Contractual [ ] 0.00 -~'~
h. Total Direct Charges
i. Indirect Charges [ ]
· Total Charges
, 0.00
.249,939.00
LESS:k. Pro.~ram Income Collected
1. Non-TDH Fundin~
m. ADVANCE'Received (CoL iii)/Repaid (Col. iv)'
Balan~
n. Total Reimbursement Reo,.uested
o. Total Reimbursement Received
?
Prepared by: Title: Phone #:
CERTIFICATION:I certify to the best of nay knowledge and belief that this report is correct and
complete and that all outlays and unliquidated obligations are for the purposes set forth in the award
documents.
Signature of Authorized Certifying Official Date Submitted:
//
Typed or Printed Name aud Title of Certifying Official Telephone:
TDH Form GC-4a (269a) Revised 4/99
-192-
110~est 49th Street
At, Yeyms 78756-3199
Contractor Nnme: COR~U$ CHRISTI-NUECES COUNTY PUBLIC
H~ALTH DISTRICT (CITY)
Payee Acct. No.:
Payee Vendor ID No.: 17460005741027
Payee Narae: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
City, ST, Zip: CORPUS CHRISTI, TX 78469-927
PO Number: 0000000917
texas of Health
Department
FINANCIAL STATUS REPORT
FSR269A
T~H Pro,tam: LAB/BIOTERR
Grants Management Division
Phone (512) 458-7520
TDH Document # Year Attachment #
7460005741 2004 02
Basis: [ ] Cash [ ] Accrual
Contract Term: (Month/Day/Year)
From: 09/01/2003 To: 08/31/2004
Period Covered by this Report:
From: 12/01/2003 To: 02/29/2004
Final Report? [ ] Yes [ ~ No
(i) Budget Categories
a. Personnel
b. Fringe Benefits [ ]
c. Travel [ ]
d. Equipment [ ]
e. ~l~anlies [ ]
f. L, ,etual [ ]
. Other [ ]
h. Total Direct Charges
i. Indirect Charges [ ]
38,000.00
6,300.00
3,000.00
101,000.00
30,639.00
0.00
71,0t30.00
249,939.00
0.00
249,939.00
LESS~Income Collected
1. Non-TDH Funding
m. ADVANCE'Received (Col. iii)/Repaid (Col. ivy
Balance Ow~
n. Total Reimbursemen.t R uested
o. Total Reimbursement Received
Project Cost per General Ledger
(iii) (iv)
This Period Cumulative
(v)
Remaining
Budget
Balance
(ii minus iv}
Prepared by: Title: Phone #:
CERTIFICATION:I certify to the best of my knowledge and belief that this report is correct and
complete and that all outlays and unliquida~ed obligations are for the purposes set forth in the award
documents.
Signature of Authorized Certifying Official Date Submitted:
II
Tyl~,~ -- Printed Name and Title of Certifying Official Telephone:
TDH Form GC4a (269a} Revised 4/99
-193-
Texas Department of Health
FINANCIAL STATUS REPORT
1100 West 49th Street ! FSR269A
Austin, Texas 78756-3199 ' Grants Management Division
rnone
Contractor Name: CORPUS CHRISTI-NUECES COUNTY PUBLIC YDH Program: LAB/BIOTERR
HEALTH DISTRICT (CITY) TDH Document # Year Anat'hm~ # .....
Payee Acct. No.:
7460005741 2004 02
Payee Vendor ID No.: 17460005741027 Basts: I ] Cash [ ] Accrual
Payee Name: CITY OF CORPUS CHRISTI Contract Term: (Month/Day/Year}
From: 09/01/2003 To: 08/31/2004
Address: PO BOX 9277 Period Cove~l by this Report:
City, ST, Zip: CORPUS CHRISTI, TX 78469-9277 From: 03/0112004 To: 05/31/2004
PO Number: 0000000917 Final Report? [
(v)
(ii) Project Cost per General Ledger Remaining
Budget
Approved (iii) (iv) Balance
(i) Budget Categories Budget This Period Cumulative (ii minus iv)
a, Personnel [ ] ;38,000.00
b. Frin,qeBenefits [ ] , 6,300.00
c. Travel [ ] , 3,000.00
d. Equipment [ ] g01,000.00
e, Supplies [ ] 30,639.00
f. Contractual [ ] 0.00
h. Total Direct Charges 2~9,939.00
i. Indirect Charges [ ] 0.00
· Total Charges 2~9,939.00
LESS:k. Pro.am Income Collected ~ ( ) ( ) ~
I. Non-TDHVundi,~=~ - ~ ( )_
m. ADVANCE'Received (Col. iii)/Repaid (Col. iv)'
Balance Owed CoI.L~_qL~_)~ ( )
n. Total ReimbursementReauested · I --- 1
io. Total Reimbursement Received ::
Prepared by: Title: Phone #:
CERTIFICATION:I certify to the best of my knowledge and belief that this report is correct and
complete and that all outlays and unliquidated obligations are for the purposes set forth in the award
documents.
Signature of Authorized Certifying Official Date Submitted:
II
Typed or Printed Name and Title of Ceaifying Official Telephone:
TDH Form GC-4a (269a) Revised 4/99
-194-
texas Department of Health
FIi~ANCIAL STATUS REPORT
110~}-W. est 49th Street FSR269A
A~ Yexas 78756-3199 Grants Management Division
Phone
~.ontr~ctor Name: CORPUS CHRISTI-NUECES COU3qTY PUBLIC TDH Program: LAB/BIOTERR
HEALTH DISTRICT (CITY) TOH Doeument# Year Attachment #
Payee Aeet. No.: 7460005741 2004 02
Payee Vendor ID No.: 17460005741027 Basis: [ ] Cash [ ] Aeerual
Payee Name: CITY OF CORPUS CHRISTI I Contract Term: (Month/Day/Year)
From: 09/01/2003 To: 08/31/2004
Address: PO BOX 9277 Period Covered by tiffs Report:
City, ST, Zip: CORPUS CHRISTI, TX 78469-9277 From: 06/01/2004 To: 08/31/2004
PONumber: 0000000917 FinaIReport? [~Yes[ ]No
(v)
Project Cost per General Ledger Remaining
(~ Budget
App red (iii) (iv) Balance
a. Personnel [ ] 38,000.00
b. Fringe Benefits [ ] 6,300.00
c. Travel [ ] 3,00~.00
d. Equipment [ ] 101,000.00
e. Stlanlies [ ] :30,639.00
f. C 2tual [ ] 0.00
g~ Other [ ] 71,000.00
h. Total Direct Charges ~49,939.00
i. Indirect Charges [ ] 0.00
LF~S:k. ~...~..~ram Income Collected ( ) ( ) ~
1. Non-TDH Funding ~ ( )
m. ADVANCE'Received (Col. iii)/Repaid (Col. ivy ( )
Balanc~
n. Total Reimbursement Rexl.uested / 1
o. Total Reimbursement Received
Prepared by: Title: Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and
complete and that all outlays and unliquidatcd obligations are for the purposes set forth in the award
documents.
Signature of Authorized Certifying Official Date Submitted:
Typ~' M~inted Name and Title of Certifying Official Telephone:
TDH Form GC-4a (269a) Revised 4/99
-195-
RESOLUTION
AUTHORIZING THE CiTY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPFT A GRANT FROM THE TEXAS DEPARTMENT
OF HEALTH IN THE AMOUNT OF $249,939 FOR PERSONNEL,
FRINGE BENEFITS, TRAVEL, SUPPLIES AND OTHER
MISCELLANEOUS EXPENSES TO ASSIST IN UPGRADING TO A
LEVEL B LABORATORy
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. The City Manage~, or the City Manager's designee, is authorized to
accept a grant from the Texas I~epartment of Health in the amount of $249,939 for
personnel, fringe benefits, travel, supplies, and other misce aneous expenses to assist
in upgrading to a Level B laboratory.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Lisa Aguilar
Assistant City Attorney
for City Attorney
-196-
ORDINANCE
APPROPRIATING H GRANT FROM THE TEXAS DEPARTMENT
OF HEALTHIN THE AMOUNT OF $249,939 FOR PERSONNEL,
FRINGE BENEFITS, TRAVEL, SUPPLIES, AND OTHER
MISCELLANEOUS EXPENSES TO ASSISTIN UPGRADING TO
A LEVEL B LABORATORYIN THE NO. 1066 HEALTH GRANTS
FUND;AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY
OF
CORPUS
CHRISTI, TEXAS:
SECTION I. That a grant from the Texas Department of Health in the amount of
$249,939 is appropriated in the No. 1066 Health Grants Fund for personnel,
fringe benefits, travel, supplies, and ether miscellaneous expenses to assist in
upgrading to a Level B Laboratory.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Coulncil (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 ,2003.
ATTEST:
THECITYOFCORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: August 22, 2003
Lisa Aguila~_.)
Assistant City Attorney
for City Attorney
-197-
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Au~lust 26, 2003
AGENDAITEM:
Item A: An ordinance appropria
amount of $41,407.00 for persc
immunization program in the Nc
Item B: A resolution authorzin~
accept a grant from the Texas'
personnel, fringe benefits, trave
ISSUE: Immunization services
ling a grant from the Texas Department of Health in the
nnel, fringe benefits, travel, and supplies, to maintain an
1066 Health Grants Fund; and declaring an emergency.
I the City Manager, or the City Manager's designee, to
Department of Health in the amount of $41,407.00 for
and supplies for an immunization program.
re among a variety of preventive health services offered by
the Health Department that ate funded by the Texas Department of Health (TDH).
Immunization funding (Attachment No. 10 to Contract 7460005741-200304A) in the
amount of $41,407.00 covers p~rsonnel, fringe benefits, travel, and supplies to maintain an
immunization program for children, adolescents, and adults, with special emphasis on
children two years of age or younger. Systematic approaches have been designed to
eliminate barriers, expand immunization delivery, and establish uniform policies to
immunize preschool-age children. Attachment No. 10, for immunization services, is an
increase to continue services thlrough December 31, 2003.
'REQUIRED COUNCIL ACTIONI: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: Council approved funding FY02-03.
FUNDING: There is no match ~unding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and approPriate funding for continuation of immunization services.
(D~partment Hea~d'Signature~ P,-.
-201 -
BAOKGROUNDINFORMATION
BACKGROUND: The Texas Department of Health has supported the Health Department
Immunizations Program through grant funding for many years. This item is an amendment
to the current contract with TDH, which runs from 9/1/02- 8/31/03. It extends this contract
for four months at level funding ~:or the period of 9/1/03- 12/31/03. The Texas Department
of Health is in the process of pi{acing many of its contracts on a calendar year schedule,
rather than a fiscal year schedule. This contract requires no matching funds. The
Immunizations Program of the Health Department has provided 37,953 immunizations to
22,519 persons during the past year. It addition to direct client services, the contract
supports promotion of the need for immunizations to the general public and the medical
community, as well as surveillance and investigation of vaccine- preventable diseases. It
also provides for the Health DePartment to provide audits of schools and day care centers'
immunization practices to assist them in complying with state requirements for
immunization of children.
-202-
RESOLUTION
AUTHORIZING THE ~TY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEETA GRANT FROM THE TEXAS DEPARTMENT
OF HEALTHIN THE AMOUNT OF$41,407FOR PERSONNEL, FRINGE
BENEFITS, TRAVEL,iAND SUPPLIES FOR AN IMMUNIZATION
PROGRAM '
BElT RESOLVED BY THE ClTY COUNClL OFTHE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. The City Manage~, or the City Manager's designee, is authorized to
accept a grant from the Texas I~epartment of Health in the amount of $41,407 for
personnel, fringe benefits, travel, and supplies in maintaining an immunization program.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: August 11, 2003
Samuel L. Neal, Jr.
Mayor
Lisa Aguilar
Assistant City Attorney
for City Attorney
-203-
ORDINANCE
APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT
OF HEALTH IN THE AMOUNT OF $41,407 FOR PERSONNEL,
FRINGE BENEFITS, TRAVEL, AND SUPPLIES, TO MAINTAIN
AN IMMUNIZATION PROGRAM IN THE NO. 1066 HEALTH
GRANTS FUND; ANI~ DECLARING AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF CORPUS
BE
IT
ORDAINED
BY
CHRISTI, TEXAS: ,
SECTION 1. That a grant frqm the Texas Department of Health in the amount of
$41,407 is appropriated in th~. No. 1066 Health Grants Fund for personnel fringe
benefits, travel, and supp es~to maintain an immunization program.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Counicil (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 ., 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr.
Mayor
APPROVED: August 11, 2003
Lisa Aguilar ~
Assistant City Attorney
for City Attorney
-204-
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 26, 2003
AGENDA ITEM: i
Item A: An ordinance appropria~ting a grant from the Texas Department of Health in the
amount of $149,797.00 to fund f;he elimination and control of tuberculosis in the No. 1066
Health Grants Fund; and declaring an emergency.
Item B: A resolution authorizing the City Manager, or the City Manager's designee, to
accept a grant from the Texas Department of Health in the amount of $149,797.00 to fund
the elimination and control of tu~oerculosis in Nueces County.
ISSUE: The Corpus Christi-Nueces County Public Health District requests City Council's
approval to submit and appropriate a one year contract in the amount $149,797 to fund the
elimination and control of tuberculosis in Nueces County. These funds will provide
services to individuals who have tuberculosis or those who have a high risk of developing
tuberculosis. TDH expects the contract to begin on or about 09/01/03, and will be awarded
for a 12-month budget period.
REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: Previous Council actions were funding cuts in travel
FY02-03.
FUNDING: The Texas Department of Health awards eligible local Health Departments
contracts to provide prevention Control of tuberculosis. The funding available is $149,797.
There is no match funding required
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for the elimination and control of tuberculosis
in Nueces County.
(Department Hea~ ~gnature)
-207-
BAiKGROUNDINFORMATION
BACKGROUND: This item renews our current contract with the Texas Department of
Health to provide services to prevent, treat, and control tuberculosis within the Corpus
Christi area. TDH has provided grant funding to support the Health Department's TB
Program for many years. The Contract requires no matching funds. Financial assistance
under this contract renewal is being reduced by 3.6% over FY02- 03 levels. TDH is
implementing statewide reductipns in funding for TB programs, as efforts to reduce the
incidence of TB have resulted i~n lower disease rates locally and throughout Texas. The
contract period is from 9/1/03-8/31/04, and funds are being awarded to support staff
salaries, clinic supplies, and the provision of radiological services to TB clients.
-208-
RESOLUTION
AUTHORIZING THE CiTY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEP~ A GRANT FROM THE TEXAS DEPARTMENT
OF HEALTH IN THE AMOUNT OF $149,797 TO FUND THE
ELIMINATION AND CONTROL OF TUBERCULOSIS IN NUECES
COUNTY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. The City Manage~, or the City Manager's designee, is authorized to
accept a grant from the Texas Department of Health in the amount of $149,797 to fund
the elimination and control of tuberculosis in Nueces County.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: August 11, 2003
Samuel L. Neal, Jr.
Mayor
Lisa Aguilar
Assistant City
for City Attorney
-209-
ORDINANCE
APPROPRIATING A~ GRANT FROM THE TEXAS DEPARTMENT
OF HEALTH IN THE AMOUNT OF $149,797 TO FUND THE
ELIMINATION AND ~ONTROL OF TUBERCULOSIS IN THE NO.
1066 HEALTH GRANTS FUND; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY TI-iE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a grant frqm the Texas Department of Health in the amount of
$149,797 is appropriated in the No. 1066 Health Grants Fund for the elimination
and control of tuberculosis.
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 ds
passed and takes effect upon first reading as an emergency measure this the
__ day of , ,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: August 11, 2003
Lisa Aguilar ~~tO
Assistant City Attorney
for City Attorney
-210-
25
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Au.q. 26, 2003
AGENDA ITEM: Motion rescheduling the public hearing on the proposed Rodd Field
Public Improvement District to September 16, 2003.
ISSUE: The required notice for the August 26th public hearing was not published.
Therefore, the public hearing date must be rescheduled to allow compliance with state law.
REQUIRED COUNCIL ACTION: Approval of motion
PREVIOUS COUNCIL ACTION: July 22, 2003 motion scheduling public hearing for Aug.
26, 2003; Resolution No. 024261, October 19, 2000
FUNDING: None
CONCLUSION AND RECOMMENDATION: Staff recommends approval of motion
AM~s~; IntNl~i~tno~i~)fgD'evelo p m e nt/Se rvice s
Director of Planning
Attachments: No
-213-
26
A(~ENDA MEMORANDUM
SUBJECT:
DATE: August 13, 2003
Agreement - Port of Corpus Christi Authority (PCCA)
Interlocal
Joe Fulton International Trade Corridor Project--Utility Adjustment
City Project No. 8~t47
AGENDAITEM:
Resolution authorizing the City Manager, or his designee, to execute an interlocal
governmental agreement with the Pod of Corpus Chdsti Authority (PCCA) to include utility
adjustment and relocation work ~as part of the Joe Fulton International Trade Corridor and
for the City to provide funds to PCCA.
ISSUE: Approval of an interlrocal agreement with another governmental agency is
necessary for the City to provid~ the PCCA with funding for utility work.
FUNDING: Funding is available in the Water and Wastewater Capital Improvement
Program.
RECOMMENDATION: Staff recommends approval of the resolution as presented. The
execution of this Agreement is hecessary to satisfy TxDOT letting schedule for the JOe
Fulton International Trade Corddor Project in December, 2003.
Director of Engineering Services
Director of Water Services
Foster Crowell,
Director of Wastewater Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Preliminary Opinien of Cost
Exhibit "C" Location Map
-217-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT:
Interlocal Agreement - Port of Corpus Christi Authority (PCCA)
Joe Fulton Internatiqnal Trade Corridor Project -- Utility Adjustment
Project No. 8447
BACKGROUND:
The Joe Fulton International Trade Corridor Project is a multimodal project and is critical to the
diversification of the economic base and future of the Port of Corpus Christi. This has been a
budgeted and funded project of the PCCA since 1992. In 1995, the Intermodal Surface
Transportation Efficiency Act (ISTEA) was amended to include the Fulton Corridor as a "high
priority" project and funds ware made available for additional study. In 1999, the PCCA began
the environmental permitting, engineering and design of the project. In November, 2000,
schematic drawings ware submitted to the Texas Department of Transportation (TxDOT) and
the Federal Highway AdministratiOn (FHWA) for review. On March 13, 2003, FHWA issued a
Finding of No Significant Impact (FONSl). A public hearing was held on January 27, 2003, a
30 day notice, and on January 16, 2003, a 10 day notice. Design of the project including the
necessary utility adjustments is complete.
The Corridor will connect I.H. 37 at Carbon Plant Road and U.S. 181 providing access to the
northwast quadrant of the Corpus Chdsti Ship Channel. It provides alternate and back up rail
service to the north side of the ship channel; it improves Navigation Boulevard and improves
access to existing facilities along the north side of the channel. The project is estimated to
increase the tax base and expand,job and economic development opportunities. At the same
time it will provide an alternate route for vehicles and improve air quality by reducing the traffic
idling at the Tule Lake Bridge.
PRIOR COUNCIL ACTION:
None to date.
ACTION TAKEN:
Existing water and wastewater lines are required to be adjusted and relocated as a result of the
Corridor in the area of Carbon Plant Road between I.H. 37 and just north of McKinzie Road.
The PCCA agreed to pay for the right-of-way and design cost of water and wastewater elements
and construction cost of the Wastewater elements consisting of a bypass for an existing 27 -
inch VCP with a new 30-inch section, the relocation of an existing 12-inch gravity and new 8-
Exhbit A
Page 1 of 2
H:~I-IOME\TENIENTE~DATABASE~GEN~PROJECT$'~TXOOT~Joe Fulton IntemafEi~ll~-2G-O3AgondaBkg.doc
-218-
inch gravity sanitary sewer line. The City agreed to pay for the construction cost for a new 8-
inch and relocation of an existing 12-inch and 16-inch water line.
The PCCA Commissioners appro~,ed the execution of the Interlocal Agreement at the August
12, 2003 regularly scheduled meeting.
FUNDING:
Funding for these improvements islavailable from the Water Capital Improvement Program. See
Preliminary Opinion of Cost, Exhibit B.
AGREEMENT:
The City is responsible for payment of the water elements of construction based on actual bid
pdces. The City will pay PCCA actual amount bid plus 1% TxDOT engineering and contingency
cost within 60 days of the letting (~ate of the Joe Fulton Corridor Project. The letting date is
scheduled for December, 2003.
The utility work is included as part of the roadway project to be let by TxDOT. The actual
construction contract administration Will be under the direction of the PCCA. The City will
inspect the work and will be responsible for any change orders for the water line work. After
a one-year construction warranty pledod, the City Will take over the maintenance of both utilities.
H:\HOME\TENIENTE~DATABASE~GEN'~PROJECTS'tTXDO'r~oe Fulton International~-26-O3AgendaBkg.doc
-219-
Exhbit A
Page 2 of 2
PORT OF CORPUS CHRISTI
'OE FULTON INTERNATIONAL TRADE CORRIDOR
cELOCATION OF CITY OF CORPUS CHRISTI UTILITIES
PRELIMINARY OPINION OF COST
FINAL SUBMITTAL
May 7, 2003
ESTIMATED TOTAL
TEM NO. DESCRIPTION UNIT UNIT PRICE
QUANTITY COBT
1 CEM. STAB. BKFL (WATERI ~ C.Y. 165 $25.00 $4,62~.00
2 CEM. STAB, BKFL. (SAN. SEWER) i C.Y, 950 $25.00 $23,750.00
3 r'RENCH EXCAVATION PROTECTIOh~ L.F. 4,330 $2.50 $10,825,00
4 MOBILIZATION (10%+_) L.S. 1 $45,000,00 $45,000.00
5 PIPE (6" PVC WATERLINE) L.F. 75 $25.00 $1,875.00
6 PIPE (8" PVC WATERLINE) LF. 400 $30.00 $12,000.00
7 PIPE (12' PVC WATERLINE) L.F. 960 $36,00 $34.560.00
8 PIPE (16" PVC WATERLINE) L.F, 375 $46.00 $18,o00.00
9 PIPE (6' DUCTILE IRON WATERLINE~ L.F. 74 $50.00 $3,700.00
10 PIPE (12" DUCTILE IRON WATERLINI~) L.F. 105 $55.00 $5,775.00
11 VALVE (6" GATE W/BOX) EA. 3 $700,00 $2,100.00
12 VALVE (8" GATE W/BOX) EA. 3 $900.00 $2,700.00
13 VALVE (12" GATE W/BOX) , EA. 1 $1,600.00 $1,600.00
44 VALVE (16" GATE W/BOX) EA, 3 $3,500.00 $10,500.00
15 VALVE (FIRE HYDRANT WITH ALL PI~ING) EA. 3 $2,200.00 $6,600.00
16 /rATER SERVICE LINE (1") EA, 1 $600.00 $600.00
17 ~VATER SERVICE LINE (2") ' EA. 2 $750.00 $1,500.00
18 =RESSURE TAP 18" X 8") EA. 1 $2,200.00 $2,200.00
'~ 9 :)RESSURE TAP_.(~12"~X_ 61'~ .... EA. 1 $2,500,00 $2,500.C
21 ~/ET CONNECTION (12") .... EA. - 1 $2,000_00 $2,000.00
22 WET CONNECTION (16") EA. 1 $3,000.00 $3,000.00
· 23 JACKING OR BORING PIPE (20" CAS NC) (WATERLINE) L.F. 30 $80.00 $2,400.00
24 JACKING OR BORING PIPE (30" CAS NC) (WATERLINE) LF. 55 $100.00 $5,500.00
'25 JACKING OR BORING PIPE (20" CAS NC) (SAN. SEWER) L.F. 80 $80.00 $6,400.00
26 CAST IRON OR DUCT!LE IRON FITTI dGS (AL.L.) TON 3.8 $3,900.00 $14,820.00
27 PIPE (6" SAN. 0'-6' CUT) L.F. 40 $30.00 $1,200.00
28 PIPE (5" SAN~ 6'-8' CUT) L,F. 345 $35.00 $12,075.00
29 PIPE {8" SAN. 8-10' CUT) L.F. 115 $40.00 $4,600,00
30 PIPE 18' SAN. 10'-12' CUT) L.F. 75 $45.00 $3,375.00
31 PIPE (12" SAN. 0'-6' CUT) LF. 430 $33.00 $14,190.00
32 PIPE (12" SAN. 6'-8' CUT) L.F. 640 $38.00 $24,320.00
33 PIPE (12" SAN. 8'-10' CUT) L.F. ' 345 $43.00 $14,835.00
34 PIPE (12" SAN. 10'-12' CUT) L.F. · 130 $48,00 $6,240.00
35 PiPE (12" SAN. 12'-14' CUT) LF. 205 $60.00 $12,300.00
36 PiPE (12" SAN. 14'-16' CUT) L,F, 210 $75.00 $15,750.00
37 PIPE (30" SAN. SEVVER, 8'-10' CUT) L.F. 205 $55.00 $11,275.00
38 MANHOLE IF[BERGLASS, SAN- SEWER, 5 FT. DIA.) EA. 9 $2,900.00 $26,100.00
39 MANHOLE VERTICAL EXTENSION FT. 12 $550.00 $6,800,00
40 MANHOLE ADJUSTMENT (SAN. SE-~NER), EA. 2 $2,500,00 $5,000,00
41 MANHOLE TOPSEAL (SAN. SEWER) EA- 8 $1,800.00 $14,400,00
42 PIPE (8" SAN. SEWER CLEANOUT) EA. 4 $950.00 $3,800.00
43 GROUT (EXISTING 30" CASING) (WATERLINE) L.F, 70 $15.00 $1,330.00
COYM, REHMET & GUTIERREZ
ENGINEERING, INC.
Job NO. 9443c
Page 1 of 2
-220-
· - 0&/13/03 13:52 '~'351 881 5163 P¢¢A gNG ~ou~/uu~
i:::~¥iMATED TOTAL
. EM NO, DESCRIPTION UNIT QUANTITY UNIT PRICE COST
44 GROUT (EXISTING 12" SAN. SEWER L,F, 1,875 $10,0~
45 GROUT (EXISTING 27" SAN, SEWEI~ L.F. 105 $19.0C $3,135.00
46 SPECIAL STRUCTURE (STORM SE¥ 'ER CROSSING) EA, 1 $4,600.00 $4,600.00
47 CASING PIPE (30") (STEEL) 0NATER LINE) L.F. 85 $95.00 $8,075.00
48 CASING PIPE (20") (STEEL) (SAN. SI [WER) L.F. 310 $70,00 $21,700.0~
49 CASING PIPE (42") (STEEL) (SAN. SI [WER) L.F. 140 $110.00 $15.400.0(;
i TOTAL PRELIMINARY OPINION OF COST $476,780.o(~
TOTAI. S i
WATERLINE CONSTRUCTION
SANITARY SEWER CONSTRUCTION
$178,632.00
298,448.00
TOTAL $476,780.00
COYM, REHMET & GUTIERREZ
ENGINEERING, INC.
Job No. 9443c
Page 2 of 2
-221-
File : \Mproject\councilexhibifs\exh8447. dw~
TRADE CORR£DOR
ROUTE
R~VF.R
San Parr/cio County
NUECE$ BAY
LOCATION MAP
NOT TO SCALE
CITY PROJECT No. 8447
JOE FULTON INTERNATIONAL TRADE CORRIDOR
CITY OF CORPUS CHRISTI, TEXAS
nnn
CITY COUNCIL EXHIBIT ~
DE~R~T OF ~GINEERING S~C~
PAGE: 1 of I
___--~'--
DA~: 08-14-2005 ~
RESOLUTION
AUTHORIZING THE CIT~ MANAGER, OR DESIGNEE, TO EXECUTE AN
INTERLOCAL GOVERNMENTAL AGREEMENT WITH THE PORT OF
CORPUS CHRISTI AI~ITHORITY (PCCA) TO INCLUDE UTILITY
ADJUSTMENT AND RELOCATION WORK AS PART OF THE JOE
FULTON INTERNATIONAL TRADE CORRIDOR AND FOR THE CITY TO
PROVIDE FUNDS TO P¢CA.
NOW, THEREFORE, BE I~ RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City M~nager, or designee, is authorized to execute an
interlocal governmental agreement with the Port of Corpus Christi Authority (PCCA) to
include utility adjustment and relbcation work as part of the Joe Fulton International
Trade Corridor and for the City to provide funds to PCCA.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved
,2003;
J~_.~ P. Burke, Jr
/~sistant City Attorney
For The City Attorney
Samuel L. Neal, Jr., Mayor
-223-
27
A(
CITY COUNCIL
;ENDA MEMORANDUM
City Council Action Date:
August 19,2003
AGENDA ITEM:
a)
b)
Public hearing to consider text amendments to the Zoning and Platting Ordinances
related to applicable feeS.
First Reading - Ordinance approving text amendments to the Zoning and Platting
Ordinances related to applicable fees.
ISSUE:
Application fees and other applicable fees listed in the Zoning and Platting Ordinance
require a costly and lengthy public hearing process.
REQUIRED COUNCIL ACTION:
Approval of the proposed text amendment to the Zoning and Platting Ordinances related to
applicable fees and adopting the attached ordinance.
PREVIOUS COUNCIL ACTION:
None.
FUNDING:
None.
CONCLUSION AND RECOMMENDATION:
Planning Commission and Staff recommend approval of the proposed text amendment tp
the Zoning and Platting Ordinar~ces related to applicable fees.
Michael N Gunning, AICP /
Director, Planning
Attachments:
Ordinance
H:~PLN-DIR\ERMA\WOP. X)~ZORD~Z, ONINGPLATFEESTEXT AMEND.DOC
-227-
BA(KGRoUNDINFORMATION
The proposed text amendments will al
the Code of Ordinances along with al
incorrect fees in the Zoning and Plat
construction pricing index, such as th(
ow all zoning and plat fees to be removed from the text and placed in
other fees. This amendment would correct the problem of having
:)rdinances, especially fees that are increased annually based on a
water and wastewater acreage fees.
H:~PLN-D1R~EKMA\WORD~ZORD~ZONINGPLATFEESTEXT AMEND.DOC
-228-
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY DELETING THE
PUBLISHED FEES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION. ~
WHEREAS, the Planning Com~nission 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~o the public, public hearings were held on Wednesday,
August 13, 2003, during a meeting of the Planning Commission, and on Tuesday,
August 19, 2003, during a meedng 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 cqnvenience 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. Section 25-5 of the Zoning Ordinance of the City of Corpus Christi, Texas,
is revised to read as follows:
"Section 25-5 A request to extend the time for which a special permit is valid must be
submitted in writing to the Department of Planning prior to the expiration of the special
permit. The fee for processing Such request is F!.~.! =.-.d .k~'-/4 r~n,h., ................. ,~,-,.,,r~. /~n~ ...... nn~/ IS'
published in the Development Services fee schedule, which is adopted under Chapter
14, Code of Ordinances."
SECTION 2. Section 25A-3.0111) of the Zoning Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
"Section 25A-3 Bed and Breakfast Home (B&B) SUP
"25A-3.01
In addition to compliance with Section 25A-1 above, an application
for a SUP for a bed and a breakfast home (B&B) must, at a
minimum, comply with the following conditions:
"(1)
Applicant shall pay the rezoning fees plus ¢4nn ~,
· , ..... 0 the B&B
process fee published in the Development Services fee
schedule, which is adopted under Chapter 14, Code of
Ordinances."
SECTION 3. Section 25A-4.01(1) of the Zoning Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
R32837A1 .doc
-229-
2
"Section 25A-4 Bed and Breakfast Home With Special Events (B&B/SE)
"25A-4.01
In addition to compliance with Section 25A-2 above, an application
for an sUP for a bed and breakfast home with special events
(B&B/SE ~nust, at a minimum, comply with the following conditions:
"(1) Ap~
pro~
sch
Ord
SECTION 4. Section 27B-1 lB
Texas, is revised to read as fol
"Section 27B-11 Submittal
"a.
Payment of the
Development Se~
Code of Ordinan
SECTION 5. Section 28-5(C) ~
Texas, is revised to read as fol
"Section 28-5 Procedure.
"(C) Plan of Develop
copies of the prol
development pro.
fee schedule, wt
licant shall pay the rezoning fees plus $!00.00 the B&B
;ess fee published in the Development Services fee
.~dule, which is adopted under Chapter 14, Code of
inances."
of the Zoning Ordinance of the City of Corpus Christi,
OWS:
P 'ocedures.
ppropriate landscape plan review fee as published in the
vices fee schedule, which is adopted under Chapter 14,
Fcc: '
~f me/_onmg Ordinance of tl~e City of Corpus Ohristi,
ews:
nent. To utilize the provisions of this article ten (10)
)osed plan of development accompanied by planned unit
:essing fees, as prescribed in the Development Services
,ich is adopted under Chapter 14, Code of Ordinances
=~,u=n,,, = nc PROCESS!HG FEES
FEES
.249 ccrc ........................... $542.00
R32837A1.doc
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3
+$59 pcr :crc, cr portion
'q'he processing ~=ees shall be in addition to all other fees and are for the
purpose of defreying the greater costs of examining and formulating
recommendations on the plan of development. The plan of development
shall include the following drawing or drawings prepared at the scale of 1"
- 50':"
SECTION 5. Section 30-7.04 Of the Zoning Ordinance oi the City of Corpus Christi,
Texas, is revised to read as follows:
"Section 30-7 Required Waiting Period.
"30-7.04
If the requested waiver is granted, and the applicant files an
application for rezoning before the expiration of the waiting period
specified i8 Section 30-7, the application fee shall be one hundred
fifty percent (150%) of the application fee specified in-SeefieR-
33 3.0! al~plicable zonin.q application fee published in the
Developmf~nt Services fee schedule, which is adopted under
Chapter 14, Code of Ordinances."
SECTION 6. Seclion 33-1.05 ef the Zoning Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
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4
"Section 33-1 Permits.
"33-1.05
Any perso
Departmer
required ot
thc cum c
si,qn permi
fee sched
l, firm, or corporation, upon filing a request with the
t of Planning for a conditional permit for a sign as
Subsection 33-1.01, shall be required to pay in advance
=Twc u,,.,~.~..~ c:~., ,.,;,.~ Dcl!ars ~m~o nm conditional
: application fee published in the Development Services
ale, which is adopted under Chapter 14, Code of
Ordinancel."
SECTION 7. Sections 33-3.01 and 33-3.02 of the Zoning Ordinance of the City of
C. orpus Christi, Texas, is revised to read as follows:
/
Section 33-3 Filing Fees. --
"33-3.01
Any perso~
Planning ~
change, n
notices in
Developml
Chapter 1~
firm or corporation upon filing with the Department of
)f any application for a zoning district classification
.~cessitating the sending of notices and publication of
lhe newspaper shall be required to pay in advance the
u.m.: the applicable zonin,q fllin.q fee published in the
~nt Services fee schedule, which is adopted under
Code of Ordinances.
FEES
5109
10!00
25109 ..... ~:c~ nn
..... or mc:o ............ $I,~ .....
R32837Al.doc
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"In the e~vent the Planning Commission does not favorably
recommen~l the zoning district change and the applicant withdraws
his application before it is forwarded to the City Council for public
hearing and determination as provided in Article 30 of this
ordinance, ithen 35 percent of the application fee shall be refunded
upon written request by the applicant.
"An application for a zoning district classification change initiated by
the City C~)uncil, the Planning Commission, any City staff member
(acting in his capacity as City staff member), or any other Board or
Agency of the City of Corpus Christi shall be without fee.
"33-3.02
Fence ExCeptions. Any person, firm or corporation, upon filing a
request with the Department of Planning and Development for an
exception ~to the requirement of Subsection 27-3.01.06, 7^-2(8),
7A-3(6), 7A-4(5) of this ordinance, necessitating the sending of
notices and publication of notices in the newspaper, shall be
required tO pay in advance T~.~.~. U,,,~,~.~.,~ m~., 'n~..... n,..-~.,;
,,~vvv,vv//¢~¢;~ nn~ rthe fence exception application fee as published in the
Development Services fee schedule, which is adopted under
Chapter 14, Code of Ordinances. In the event the Planning
Commission does not favorably recommend the fence exception
and the applicant withdraws his request before it is forwarded to the
City CounCil for public hearing and determination as provided in
Article 30 of this ordinance, then 35 percent of the application fee
shall be refunded upon written request by the applicant."
SECTION 8. 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 9. 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 t0. That any ordinance or part of any ordinance in conflict with this
ordinance is expressly repealed by this ordinance.
SECTION 11. 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.
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6
SECTION 12. Publication shalll be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R32837A1.doc
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the day~ of ,2003, by the following vote:
Samuel L Neal, Jr. ~ Bill Kelly
Brent Chesney ~ Rex A. Kinnison
Javier D. Colmenero , Jesse Noyola
Melody Cooper Mark Scott
Henry Garrett i
That the foregoing ordinance Was read for the second time and passed finally on this
the __ day of ,2003 by the following vote:
Samuel L. Neal, Jr. ~ Bill Kelly
Brent Chesney Rex A. Kinnison
Javier D. Colmenero Jesse Noyola
Melody Cooper Mark Scott
Henry Garrett
PASSED AND APPROVED, this the day of ,2003.
A'I-I'EST:
Armando Chapa
City Secretary
APPROVED: 14th day of August, 2003:
R. J~ ~ining ~
Acting'City A~fney
Samuel L. Neal, Jr.
Mayor
R32837A1.doc
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AN ORDINANCE
PL/~'TTING ORDINANCE BY DELETING THE
AMENDING
THE
PUBLISHED FEES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, the Planning Comn
recommendations concerning th
Corpus Christi;
WHEREAS, with proper notice t
August 13, 2003, during a meeti
August 19, 2003, during a meeti
Hall, in the City of Corpus Chris1
appear and be heard; and
WHEREAS, the City Council ha
public health, necessity, and cot
Christi and its citizens.
NOW, THEREFORE, BE IT OR
CORPUS CHRISTI, TEXAS:
SECTION 1. Section III.C.1 oftl
Texas, is revised to read as follc
4ssion has forwarded to the City Council its reports and
amendment of the Platting Ordinance of the City of
the public, public hearings were held on Wednesday,
lg of the Planning Commission, and on Tuesday,
lg of the City Council, in the Council Chambers, at City
i, during which all interested persons were allowed to
determined that this amendment would best serve
~venience and the general welfare of the City of Corpus
)AINED BY THE CITY COUNCIL OF THE CITY OF
Platting Ordinance of the City of Corpus Christi,
WS:
applications fees, as published iD the Development Services fee schedule, Article XII,
Chapter 14, Code of Ordinance% must be paid before an application is acceptable for
review."
! tc 5 acrc¢ $34!.00 ~ $48.00
SECTION 2. Section III.H.6 of the Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
"III.H.6. If improvements are no'~ in place or construction initiated on said improvements
within six (6) months of such plat approval, the final plat will expire. A final plat shall
not expire if construction has been initiated and substantial progress continues toward
completion of the improvements~ Initiation of construction and substantial progress
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2
shall be determined within the d
Engineer, A determination that
may be appealed to the Plannin
the plat has expired. An expirec
for processing as a new plat. TI
extension of six (6) months. SA
working days prior to the last sc
immediately prior to the date of,
request is T;.;~.......~ ~.~.'~ nn~.~,
fee schedule, Article XII, ChaptE
scretion of the Director of Engineering Services/City
plat has expired as a result of insufficient progress
Commission within thirty (30) days of notification that
31at must be resubmitted to the Planning Department
applicant may submit a written request for a time
ch request shall be submitted no later than five (5)
~eduled meeting of the Planning Commission
;xpiration of said plat. The fee for processing such
'~c!!~rc ($30.90) published in the Development Services
r 14, Code of Ordinances."
SECTION 3. Section V.B.5.b) o~[ the Platting Ordinance of the City of Corpus Christi,
Texas, is amended by revising ~ubdivisions (1), (2), (4), and (5) to read as follows:
"V.B.5.b) Definitions:
.B.5.b)(1) Lot Fee: The fee r~qu~red to be pa~d by the developer based on the
number of lots in the developme~nt. The current lot fee is published in the Development
Services fee schedule, Article Xtl, Chapter 14, Code of Ordinances.
"V.B.5.b)(2) Acreage Fee: Thei fee required to be paid by the developer based on the
acreage in the development, including parks, streets, and drainage dedications. The
current acreage fee is published in the Development Services fee schedule, Article XII,
Chapter 14, Code of OrdinanceS;.
"V.B.S.b)(4) Surcharge: A $!231.00 fee to be charged in addition to tap fees for single-
family or duplex utility connections to be paid when the tap fee is paid. The current
surchar.qe is published in the Development Services fee schedule, Article XII, Chapter
14, Code of Ordinances.
"V.B.5.b)(5) Pro-rata: A fee required to be paid by the developer as a front foot charge
for the portion of water main fror~ting the property that is required for the development,
but installed by others. The current pro-rata fee is published in the Development
Services fee schedule, Adicle XlI, Chapter 14, Code of Ordinances."
SECTION 4. Section V.B,5.c) of the Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follQws:
"V.B.5.c) Before any unit of a sUbdivision, or single lot, or tract for which the zoning is
other than single-family or duplex use is completed and the final plat signed, the
developer will be required to pay to the City of Corpus Christi a lot fee cf $I~3.00~....'-~- .ot~
or ....... acrea.qe fee-pe~3.sre, whichever is greater. If the subdivision is zoned for
single-family or duplex use, the developer fee-shall pay the applicable lot or acreaqe fee
ql ily pi k. ,~o~ nn ,.~. i..+ or $364 0O ....... whichever is
fro sin e-faro or du ex use ........ ~. .....
R32837Bl.doc
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greater, plus a surchar.qe. A sur
surcharge will apply to all proper
All lot and/or acreage fees and p
Utilities prior to the subdivision p
tap fees will be paid to the Depa~
application for water service on i~
applicable regardless of whether
limits, except as provided in (k) I
properties, will only be provided
in City Code, Sections 55-110 th
SECTION 6. Section V.B.5.e)(2]
Texas, is revised to read as folio
3
.... ,d ~,,, o;,,,,[,~ ~.,~,, .... '~'"'] ...... ly This
y, new or existing, when a service tap is applied for.
· o-rata fees will be paid to the Department of Public
at being released for filing by the City. Surcharges and
tment of Public Utilities concurrently with the tap
~dividually platted lots/properties. These fees shall be
the properties are located inside or outside the city
)elow. Water service for outside the city limits
n accordance with present City water policy as set forth
'ough 55-119."
of the Platting Ordinance of the City of Corpus Christi,
~/S~
"V.B.$.e)(2) Pro-rata fees for dislribution mains and twenty-five percent of the surcharge
fees will be deposited into the DiStribution Mains Trust Fund for use in oversizing
distribution mains, constructing (~istribution mains, and reimbursing developers for
oversizing and constructing distribution mains off-site.
"Prior to the adoption of the City'~annual bud.qet, all AkLfees and charges will be
indexed to the Au~Constructipn Index published in the Engineering News Record-
"The Tap Fee Ordinance (City COde, Section 55-70) separately establishes the
SECTION 7. Section V.B.5.f)(2)(ii)(ii.2) of the Platting Ordinance of the City of Corpus
Christi, Texas, is revised to read!as follows:
"V.B.5.f)(2)(ii)(ii.2) Such applicat!on for reimbursement is approved by the City Council.
"Such reimbursement shall only be made when monies are fully available in and
appropriated from the Distribution Mains Trust Fund. The order of reimbursement will
be determined according to the c~ate the plat is filed for record with the County Clerk. In
instances where properties are a~djacent to a distribution main installed by others, a front
foot pro-rata fee ..... ~ ........ per foot will be charged for that portion of the main
fronting the property, to be pa d ~Vhen the property s deve oped.
SECTION 8. Section V.B.5.i)(5)~i) of the Platting Ordinance of the City of Corpus
Christi, Texas, is revised to read ias follows:
"V,B.5.i)(5)(i) Subdivider recordsi an election to pay an additional water tap fee
SDS0.00 published in the Develo@ment Services fee schedule, Article XII, Chapter 14,
Code of Ordinances with respect~ to each lot which has an area in excess of one acre or
~ ~--nd ~ re-~-~pect to each lot Which has an area in excess of one acre, subdivider
R32837B1.doc
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4
shall pay an amount equal to ~,u~the
Development Services fee sche~
an additional amount for each a(
calculated at the rate of $I ,299.!
schedule, Article XII, Chapter lzl
sums being deposited into the G
and the Distribution Mains Trust
5.e);"
SECTION 9. Section V.B.5.k) o
Texas, is revised to read as foll¢
"V.B.$.k) No lot or acreage fee l
within an area exempted by the
exempted areas shall be those (
City water services within the nE
of the Planning Department and
determination whenever necess
other than from the Planning De
must be submitted in writing to t
~.~,-,~.~nn*~.o ,~,m-.... ~e~n nn~ filing
schedule, Article XII, Chapter lZ
make its recommendation to the
scheduled for Planning Commis
PIIC lot fee published in the
lule, Article Xll, Chapter 14, Code of Ordinances, plus
;re, or fraction thereof, that such lot exceeds one acre,
!0 per acre published in the Development Services fee
, Code of Ordinances, in lieu of lot/acreage fees, such
rid and Arterial Transmission Mains Trust Fund (75%)
Fund (25%) for use as provided for in Subparagraph
'the Platting Ordinance of the City of Corpus Christi,
WS:
must be paid if such land for which the fees are paid lies
.~ity Council from the payment of such fees. Such
letermined by the City Council to not likely be served by
xt fifteen (15) years. The City Council, with the advice
the Planning Commission, may make such
~ry. Any request for a determination of exemption,
3artment, Planning Commission, or the City Council,
le Planning Department, along with the ~ $!~¥ end
fee published in the Development Services fee
, Code of Ordinances. The Planning Department shall
Planning Commission and such request will be
sion hearing within sixty (60) days after the filing of
such request. Thereafter, the Planning Commission shall make its recommendation to
the City Council, which shall make the final determination. The City Council may, at any
time, cease to exempt any area previously exempted, and thereafter such fees shall
apply. Owners of property for which a water lot or acreage fee has been paid under
conditions of Section V., Subse(~tion B, Item 5, of the Platting Ordinance, may receive a
refund of their pro-rata portions Ibased on the total lot acreage) of the lot or acreage
fee paid if, after ten (10) years,but not more than twenty (20) years from the date of
the filing of the plat, the owners of 50 percent of the property within said final plat
petition the City Council for a hearing to determine whether the fees should be
refunded. A refund may be made if the City Council finds:"
SECTION 10. Section V.B.6.b)pf the Platting Ordinance of the City of Corpus Christi,
Texas, is amended by revising Subdivisions (1), (2), (4), and (10) to read as follows:
"V.B.6.b) Definitions:
"V.B.6.b)(1) Lot Fee: The fee required to be paid by the developer based on the
number of lots in the development. The current lot fee is published in the Development
Services fee schedule, Article Xll, Chapter 14, Code of Ordinances.
"V.B.6.b)(2) Acreage Fee: The fee required to be paid by the developer based on the
acreage in the development, including parks, streets, and drainage dedications. The
R32837B1.doc
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5
current acreage fee is published in the Development Services fee schedule, Article XII,
Chapter 14, (~ode of Ord nance~.
"V.B.6.b)(4) Surcharge: A $123 00 charge to be added to sanitary sewer tap fees to be
paid when the sanitary sewer tal, fee is paid. The current surcharqe is published in the
Development Services fee sche( lule, Article XII, Chapter 14, Code of Ordinances.
"V.B.6.b)(10) Pro-Rata Fee: A f,
charge for the use of a sanitary.,
developed, but which was install
the Development Services fee s~
;e required to be paid by the developer as a front foot
ewer which serves property being platted or
~d by others. The current pro-rata fee is published in
:hedule, Article XII, Chapter 14, Code of Ordinances."
SECTION 11. Section V.B.6.c) ~
Texas, is revised to read as folio
"V.B.6.c) Before any unit of a su
final plat signed, the developer v
fee cf $!83.00 per Ici or-$7-3-1~(
surcharge cf $!23.00 per lot will
~f the Platting Ordinance of the City of Corpus Christi,
~VS:
3division, single lot, or tract which is completed and the
'ill be required to pay to the City of Corpus Christi a lot
-pelage acreage fee, whichever is greater. A
be charged in addition to the tap fee for service to each
service tap is appilea tor. Ali lot ~ndior acreage ieus and pro-rata fees wn~ ce paid to
the Department of Public Utilities~ prior to the subdivision plat being released for filing by
the City. Surcharges and tap fe¢s will be paid to the Department of Public Utilities
concurrently with the tap applicalion for sanitary sewer service on individually platted
lots/properties. These fees shall apply regardless of whether the properties are located
inside or outside the city limits, e~xcept as provided in e)(1) below."
SECTION 12. Section V.B.6.e)(~) of the Platting Ordinance of the City of Corpus
Christi, Texas, is revised to read~s follows:
"V.B.6.e)(2) Pro-rata fees for collection lines and twenty-five percent of the surcharge
fees will be deposited into the COllection Line Trust Fund for use in oversizing collection
lines, constructing collection lineS, and reimbursing developers for oversizing and
constructing collection lines off-site.
"Prior to the adoption of the City'~annual budget all Al! fees and charges will be
indexed to the ~dst-Constructipn Index published in the Engineering News Record-
"The Tap Fee Ordinance (City COde, Section 55-70, et seq.) separately established the
applicable tap fee rates."
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6
SECTION 12. Section V.B.6.f)(2)(ii)(ii.2) of the Platting Ordinance of the City of Corpus
Christi, Texas, is revised to readI as follows:
"V.B.6.f)(2)(ii)(ii.2) Such applicalion for reimbursement is approved by the City Council.
"Such reimbursement shall only !be made when monies are fully available in and
appropriated from the Collection Line Trust Fund. The order of reimbursement will be
determined according to the date the plat is filed for record with the County Clerk. In
instances where properties are ~djacent to a collection line installed by others, a front
foot pro-rata fee ch"r~,c cf $~.2~ per foot will be charged for that portion of the line
fronting the property, to be paidWhen the property is platted. If a developer is owed
funds from the Collection Line T~'ust Fund, subsequent IotJacreage fee credits from
subsequent final plats filed with the County Clerk, which lands are within or contiguous
to the boundaries of the prelimin~ary plat of the originally developed property and which
will be served by the sanitary sewer collection line for which the original credit was
given, but will not be served by any trunk or collection line extension, may be credited to
the outstanding amounts owned to the deve oper by the Collection Line Trust Fund until
the total amount owed has been paid regardless of the order of reimbursement."
SECTION 13. Section V.B.6.1) of the Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
"V.B.6.1) No lot or acreage fee must be paid if such land for which the fees are paid lies
within an area exempted by the 13ity Council from the payment of such fees. Such
exempted areas shall be those determined by the City Council to not likely be served by
City wastewater services within lhe next fifteen (15) years. The City Council, with the
advice of the Planning Department and the Planning Commission, may make such
determination whenever necessary. Any request for a determination of exemption,
other than from the Planning Department, Planning Commission, or the City Council,
must be submitted in writing to the Planning Department, along with the '- e~"+', ""-~
~"/~nn*~'~'~"""'~/~nnmfili g~f ep bli h di th Devel tSe i fe
.................. ~,. ..... / n e u s e n e opmen rvces e
schedule, Article XII, Chapter 14i, Code of Ordinances. The Planning Department shall
make its recommendation to the Planning Commission and such request will be
scheduied for a Planning Commission hearing within sixty (60) days after the filing of
such request. Thereafter, the Planning Commission shall make its recommendation to
the City Council, which shall make the final determination. The City Council, may at any
time, cease to exempt any area previously exempted, and thereafter such fees shall
apply. Owners of property for which a sanitary sewer lot or acreage fee has been paid
under conditions of Section V., Subsection B, Item 5 of the Platting Ordinance, may
receive a refund of their pro-rata portions (based on the total lot acreage) of the lot or
acreage fee paid if, after ten (10) years, but not more than twenty (20) years from the
date of the filing of the plat, the owners of 50 percent of the property within said final plat
petition the City Council for a hearing to determine whether the fees should be
refunded. A refund may be made if the City Council finds:"
SECTION 14. Section VI.D of th~ Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
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7
"VI.D. PROCEDURE FOR PLArTTING OF SINGLE LOTS IN DEVELOPED AREAS BY
THE DEPARTMENT OF ENGINEERING SERVICES.
"The Director of Engineering Se
and may declare and grant an e
ordinance when an owner of pr(
upon which it is proposed to cor
qualifying under the provisions
hereinafter set forth.
"No permit(s) shall be issued bi
Department of Inspections and
signed by the Chairman of the F
of Nueces County, Texas. A pl~
the owner presents the recorde(
Building Official from which a re!
Engineering Services/City Engir
pays a-the fee cf $50.00 publish
XII, Chapter 14, Code of Ordina
'vices/City Engineer of the City shall have the power
<ception to the formal platting provisions of this
petty has no recorded plat, approving the area as a lot,
struct additional improvements provided such owner
f this section, complies with all of the requirements
the Building Official or the Building Division of the
)perations until a plat of the property, to be improved, is
lanning Commission and recorded by the County Clerk
t shall be prepared upon request of the owner only after
deed or field notes of a survey of said property to the
listered engineer or surveyor of the Department of
eer will prepare the required plat for such owner, and
9d in the Development Services fee schedule, Article
ices."
SECTION 15. Section VI.D.7 of the Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
"VI.D.7. That the app. 'cant. s'gn a request for such platting and pay a-the fee cf ¢'~-'~
do!!ar: ~$50.~0) pubhshed ~n the, Development Services fee schedule, Article XII_~
and filing of such plat;"
SECTION 16. Section VI.D.8 of the Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follqws:
¢,~,, .~.....r~ n~ ~. fee may be refunded if it is determined by an
"VI.D.8. The ....~ ....... /e~n
engineer or surveyor of the Dep~rtment of. Engineering Services/City Engineer that such
property will not close according to information submitted by the applicant.
"The applicant shall be required !o ask for a variance from the Board of Adjustment if it
is found the lot does not meet th~ minimum requirements of the Zoning Ordinance and
such variance shall be granted before such plat can be considered by the Planning
Commission. If, for any reason, ~he applicant refuses to sign such plat after being
prepared by the Department of Engineering Services/City Engineer, such unapproved
plat shall be returned to the applicant, but, in no case shall the ~,,~ ,~.,~,~ ....... ~,-/~n .... nO) fee
be refunded. Permits sought by,he applicant will not be issued unless, or until, said
plat signed by the applicant is al~proved by the Planning Commission, signed by the
Chairman and the Secretary, and recorded in the records of the County Clerk of Nueces
County, Texas."
SECTION '17. Section VI I.A of the Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follows:
R32837Bl,doc
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"VlI.A. HARDSHIP. Where the Planning Commission finds that extraordinary
hardships may result from strict Compliance with these regulations, it may vary the
regulations so that substantial ju~stice may be done and the public interest secured,
provided that such variation will eot have the effect of nullifying the intent and purpose
of the General Community Plan ~r these regulations. Such variances and
modifications, as may be granted under this section, shall be by at least a three-fourths
(3/4) majority of the Planning C(~mmission present. A request for a variance must be
submitted in writing to the Department of Planning and Development. The fee for
processing such request ~ ..... ~ ~. ..................... ~ ...... , pubhshed In the
Development Services fee sche~lule, Art c e X , Chapter 14, Code of Ordinances"
SECTION 18. Section XIII of the Platting Ordinance of the City of Corpus Christi,
Texas, is revised to read as follo~vs:
"SECTION XlII - APPEAL. Any Subdivider contesting any disapproval and/or the
interpretation and/or application Of any rule, standard, regulation, determination,
requirement, or necessity set forth in this Ordinance directly, or by delegation of
authority, shall have the right, after filing a written request with the Secretary of the
Planning Commission, to have ai hearing thereon before the Planning Commission
within twenty-one (21) days after the date of filing of such request. Any subdivider not
satisfied with the ruling of the Planning Commission, shall have the right to appeal such
rulings or decisions to the City COuncil of the City of Corpus Christi by giving written
notice to the City Secretary within fifteen (15) days after the final hearing before the
Planning Commission. The fee for processing an appeal~s' .~;~"..,, _..~
($50.00) published in the Develo~pment Services fee schedule, Article XIIi Chapter 14,
Code of Ordinances. The City Manager may also appeal such rulings or decisions to
the City Council in accordance with the same provisions, if the Planning Commission is
not in compliance with the Ordinance."
SECTION 19. That the Platting Ordinance of the City of Corpus Christi, Texas,
approved on the 23rd day of MarCh, 1955, as Ordinance 4168, and as amended from
time to time, except as changed ~by this ordinance and any other ordinances adopted on
this date, remains in full force and effect.
SECTION 20. That to the extent that this amendment to the Platting Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Platting Ordinance, as amended by this ordinance.
SECTION 21. That any ordinance or part of any ordinance in conflict with this
ordinance is expressly repealed by this ordinance.
SECTION 22. 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, I~hrase, 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.
R32837B1.doc
-243-
9
SECTION 23. Publication shall I~e made in the official publication of the City of Corpus
Christi as required by the City Cl~arter of the City of Corpus Christi.
R32837B1.doc
-244-
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Coimenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
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.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
AFl'EST:
,2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2003.
Armando Chapa
Ci~ Secretary
APPROVED: 14th day of August, 2003:
R. ,J~y,~ining/'
Actir~ City At~rney
Samuel L Neal, Jr.
Mayor
R32837Bl.doc
-245-
28
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 26, 2003
em tax revenue increase.
AGENDA ITEM:
Public hearing on proposed ad valo:
ISSUE:
The FY 2003-2004 City budget inch ~des a proposed tax rate of $0.644175 per $100 valuation, which,
even though it is the same rate as lsed for Fiscal Year 2002-2003, produces more property tax
revenues than the preceding year be{ ause of increased property values. The State Property Tax Code
requires that a public hearing be hel, I when a taxing unit proposes to impose an amount of property
taxes that exceed the preceding year's property taxes.
REQUIRED COUNCIL ACTIOi~I:
Hold a public hearing to enable taxl~ayers to express their views on the tax increase.
PREVIOUS COUNCIL ACTION:
Tuesday, July 22, 2003 - City Council adopted the City budget for FY 2003-2004 based on the
proposed tax rote of $0.644175 per $100 valuation.
Tuesday, August 19, 2003 - City CoUncil voted to schedule September 9, 2003 for adoption of the ad
valorem tax rate of $0.644175 and scheduled a public hearing on the proposed ad valorem tax rate
for August 26, 2003.
CONCLUSION AND RECOMMENDATION:
No formal City Council action is required. However, at the end of the hearing, the Mayor must
announce that, during the Septembe~r 9, 2003 council meeting beginning at 2:00 p.m. at City Hall, the
City Council will vote on the proposed tax rate.
Constance P. Sanchez
Acting Director of Financial Services
Attachments:
August 1, 2003 Memo to Council re: Effective Tax Rate
August 3, 2003 publication in Caller-Times
"Notice of Vote on Tax Rate"
"Current Ad Valorem Tax Collection History" included in the 2003-2004 adopted budget.
H:WIN-DIRL~ngie\WORD~CITY COUNCIL ACTIOlg REQUEST.doc
-249-
BACKGROUND INFORMATION
The Fiscal Year 2003-2004 City budget approved by Council on July 22, 2003 includes a proposed
tax rate of $0.644175 per $100 valUation, allocated between the General Fund and the Debt Service
Fund in the amounts of $0.466554 and $0.177621, respectively. This proposed rate exceeds the
effective tax rate of $0.611493 perI $100 valuation, and therefore, requires the City to conduct a
public hearing. The effective tax rate is generally equal to the prior year's taxes divided by the
current value of properties that werel also on the tax roll in the prior year. The resulting effective tax
rate, used for comparison only, shoWS the relation between the prior year's revenue and the current
year's value. Prior to 1998, there was a 3 percent allowance above the effective tax rate before a
public hearing was required. For 1998 and 1999, the 3 percent allowance was eliminated; however,
for tax year 2000, the 3 percent allowance has been reinstated and is in effect for the 2003 tax year.
The City's net taxable property values increased $521,239,671 from $8,426,656,727 in 2002 to
$8,947,896,398 in 2003. This increase will result in an additional $3,357,696 in tax levy to the City.
While the overall values increased, some taxpayers may realize a decrease in value while others may
realize an increase.
Also, as required by the Code, a "Notice of Vote on Tax Rate" will be published on August 31, 2003
in the Corpus Christi Caller-Times.
H:~FIN-DIRL~ngie\WORD\C ITY COUNCIL ACTION REQUEST.doc
-250-
City of
Corpus.
-----"'- .----'-- Christi
DATE August 1, 2003
TO George K. Nee, City Manager
Lee Ann Dumbauld, Dkector of Financial Services /~
FROM
TItROUGH Mark McDaniel, ExeCutive Director of Support Services
SUBJECT Effective Tax Rate
On Friday, July 18, 2003, the Certified Appraisal Roll for 2003 was received from Ollie Grant,
Nueces County Chief Appraiser. The City's net tax value increased to $8,947,896,398 in 2003,
fi-om $8,426,656,727 in 2002, an inca-ease of $521,239,671 or 6.19°/6.
Chapter 26 of the State Property Tax Code ("the Code") requires taxing units to comply with
truth-in-taxation laws in adopting their tax rates. A taxing unit must publish special notices and
hold a public hearing before adopting a tax rate that exceeds the lower of the rollback rate or 103
percent of the effective tax rate.
The FY 2003-2004 City budget approved on July 22, 2003, included a proposed tax rate of
$0.644175 per $100 valuation, allocated between the General Fund and the Debt Service Fund in
the mounts of $0.466554 and $0.177621 per $100 valuation, respectively. Although this
proposed rate does not exceed the rollback rate of $0.647187 per $100 valuation, it does exceed
103% of the effective tax rate of $0.611794 per $100 valuation. Thus a public hearing will be
necessary. Both the effective tax rate and the rollback rate will be published on Sunday, August
3, 2003, in the Co~pus Christi Caller-Times. The information to be published is attached for
your information.
At the July 22, 2003, City Council meeting, a motion was passed setting August 26, 2003, as the
date of the adoption of the ad valorem tax rate, and another motion was passed setting a public
hearing on the ad valorem tax rate for August 19, 2003. However, due to the stringent
publication requirements outlined in the Code, it will be necessary to re-schedule the date of the
adoption of the ad valorem tax rate to September 9, 2003, with the public hearing to be held on
August 26, 2003. The necessary actions to change these dates will be taken at the August 19,
2003, City Council meeting.
Please let me know if you need any ~urther information,
attachments
-251-
Publication to be Pginted in the Caller-Times on August 3~ 2003
~0~ Pro~e~ Tax Ra~m
in CITY OP CORPUS CHRISTI
Last yea~a adjmt~x[ operatin~ tax~ (after
sobUactlng tax~ o~ losi I~ope~y and adjuSfi~
-252-
~ ,rrrop~r~ Tax ~d
sales tax rcvmue~, if alYpl~cable).
Bahnee
of X~bt PX~I rty Taxes Tam ~ be Paid Payment
OMi~t~
Obl~at~on
2002 .~3~,2~0 ~8~9,141 ~0 $1,472,401
~ ~,533.~ ~,743
0~
-253-
$15,239,127
~0
$0
~0
$15,239,127
$471,313
$15,710,440
Notice
of Vote on Tax Rate
The CITy OF CORPUS CHRISTI
conducted a Public hearing on a proposal to
increase the total tax revenues of the
CITY OF CORPUS CHRISTI
from properties on the tax roll in the preceding
year by 5.29 percent
on August 26, 2003 2:00 PM.
is scheduled to vote on the tax rate that
will result in the tax increase at a public
meeting to be held
on September 9, 2003, at 2:00 PM
at City Hall, 1201 Leopard St., Corpus Christi, Texas.
-254-
CITY OF CORPUS CHRISTI
CURRENT AD VALOREM TAX COLLECTIONS
FY2003-2004
2002 Net Assessed Valuation
Growth 6.19%
$ 8,426,656,727
521,239,671
2003 Certified Net Assessed Valuation
$8,947,896,398
History of Assessed Valuations
rax Year Total Net Values
%Change
1991 $ 6,129,965,069
1992 5,993,403,579 -2.23%
1993 6,027,203,588 0.56%
1994 6,230,638,245 3.38%
1995 6,464,727,958 3.76%
1996 6,745,559,944 4.34%
1997 6,965,898,936 3.27%
1998 7,226,045,864 3.73%
1999 7,462,585,204 3.27%
2000 7,652,057,403 2.54%
2001 8,029,325,055 4.93%
2002 8,426,656,727 4.95%
2003 Certified 8,947,896,398 6.19%
General Fund Debt Service Fund
Tax Rate, Levy & Split (OI~eration & Maint (Interest & Sinking) Total
$ 0.466554 $ 0.177621 $ 0.644175
Levy Split $ 41,746,769 $ 15,893,343 $ 57,640,112
less:
3.8% Delinquencies 1,586,377 608,701 2,195,078
Reinvestment Zone No. 1 415,313 158,113 573,426
Reinvestment Zone No.2 156,371 59,532 215,903
FY2003-04 Revised Estimates $ 39,588,708 $ 15,066,997 $ 54,655,705
PROPOSED BUDGET RATE ] $
REVISED PROPOSED RATE] $
I
VARJANCEI $ ,
0.4613880
0.4665540
0.0051660 $
$ 0.1827870 $ 0.6441750
$ 0.1776210 $ 0.6441750
(0.0051660) $
Revenue Reconciliation:
Net Revenue
less:
Originally Proposed
39,588,708
38,031,870
15,066,997 $ 54,655,705
15,066,997 53,098,867
1,556,838 $
0 $ 1,556,838
Amendment #1
Amendment #2
Total Amendments to Original
Proposed Budget
(902,866)
(653,972)
1,556,838 $
(902,866)
($653,972)
$ 1,556,838
-255-
29
CITY COUNCIL
A(~ENDA MEMORANDUM
City Council Action Date: Auqust 26,2003
AGENDAITEM:
a)
b)
Continuation of public hearing to consider tabling of Case No. 0603-04, Paul S.
Vera.
A motion to table Case No. 0603-04, Paul S. Vera to November 18, 2003 or
December 9, 2003.
ISSUE:
Conditions of the first Special Permit granted to Paul S. Vera on the subject property were
not met. Council directed Staff !o consider a motion to table the requested zoning change
on the subject property for a period of 90-days to allow Mr. Vera to bring his property into
compliance with all city codes.
REQUIRED COUNCIL ACTION:
Approve tabling of Case No. 0603-04, Paul S. Vera to November 18, 2003 or December
9, 2003.
PREVIOUS COUNCIL ACTION:
Approved postponing Case Noi 0603-04, Paul S. Vera to August 26, 2003 and directed
staff to bring back a motion to '~able for a period of 90 days with a caveat that within this
time frame, Mr. Vera would bring the subject property into compliance with city codes.
FUNDING:
None.
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of tabling Case No. 0603-04, Paul S. Vera to November 18,
2003 or December 9, 2003. The two tabling dates are recommended to Council due to the
cancellation of the November 25, 2003 council meeting that would have met the ninety -
d ayc rite ri a. A date befo re a ndi after the n in ety-d/~r//.~,~)~,vi d.~,~,t~
Michael N. Gunmng, AICP /
of
Assistant Directo Devc'lopment
Services - Planning
Attachments:
Zoning Report
\\CI~qTR I _USERS I_SERVER\US ERS 1 \PLN-DIR~ERMA\WORDkZOKD\0603 ~)4CCAGENDAMEMOTAB2-DOC
-259-
BACKGROUNDINFORMATION
On June 18, 2003, the Plannin,
Paul S. Vera for a change of z¢
Permit to "B-4" District. Plannit
District, and in lieu thereof, app
of Lot 11 to allow the auto repa
Commission h.,e, lda public hearing,,o,n Case No. 0603-04,
ning from "R-1B District and a "B-1 District with a Special
g Commission and Staff recommended denial of the "B-4"
ove a revised Special Permit on Lot 12 to include a portion
, limited to minor and major auto repair, and to correct the
building expansion setback sul ect to a site plan and ten (10) conditions. On August 19,
2003, City Council held a publil hearing, and after considerable discussion on the history
of code violations and failure of the applicant to meet city zoning and plat codes, Council
approved a motion to postpone until August 26, 2003.
Staff was directed to develop ia motion to table for ninety days with the stipulation that
dudng this time, Mr. Vera bring8 his property into compliance with all city codes before final
action by City Council. Two tabling dates are recommended to Council due to the
cancellation of the November 25, 2003 council meeting that would have met the ninety-day
criteria. A date before and after the ninety-day period is provided.
directive that Mr. Vera complies with all conditions of the proposed Special Permit. Such
action would be considered tantamount to "contract zoning," which is illegal. Mr. Vera will
be advised by Staff that he has to correct all code violations dudng this pedod. The Special
Permit approved December 12; 2000 has expired due to Mr. Vera's failure to comply with
provisions of the Special Permit. Planning Commission on July 16, 2003 approved the plat
for the subject property. A fee of $2,492.00 remains to be paid to the city prior to
recordation of the plat with the county.
\\CLSTRI USERS I_S ERVER\US ERS 1 ~PLN-D IR\ERMA\WORD~ZORD\0603-04CCAGENDAM EMOTAB2.DOC
-260-
AGENDA MEMORANDUM
PUBLIC HEARING - ZONIN~G (City Council Action Date: August 19, 2003)
Cas,e, No.: 0603-04, Paul S. Ve~a: A change,of zoning from a "R-1,B,." O,,,ne-family Dwelling District and
"B-1 Neighborhood Business District with a "SP Special Permit to a B4 General Business District on
Laguna Acres, Block 1, Lot 12 and a pbrtion of Lot 11, located at the southeast comer of Home Road and Teresa
Street.
Planning Commission and Staff's Recommendation {06/18/03): Denial of the "B-4" District,
and in lieu thereof, approval a revised [Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto
repah' use limited to minor and major Cuto repair and to correct the building expansion setback subject to a site
plan and 10 conditions.
Requested Council Action: De$ial of the "B-4" District, and in lieu thereof, approval of a revised Special
Permit on Lot 12 to include a portion o[Lot 11 to allow the auto repair use limited to minor and major auto repair
and to correct the building expansion setback subject to a site plan and 10 conditions and adoption &the attached
ordinance.
Purpose of Request: To allow the illeg,1 expansion on Lot 12 and to meet setbacks per replat of Lots 11 and 12.
Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling Dislrict and a
"B-I" Neighborhood Business District with a Special Permit to a "B-4" General Business District in order to
legalize the auto repair bnildmg expansion on Lot 12. A portion of Lot 11 is within the area of request in order for
the building to meet the required setback. In May 1988, Lot 12 was granted a Special Permit for an auto repair
facility subject to a site plan. The site plan limited the building to 2,400 square feet and the conditions required the
use to be inside the building and a screening fence installed along the south and east properly lines. Sometime in
1996 or shortly thereafter, a 2,071 square foot addition was made to the existing structm'e in violation of the
approved Special Permit and without the benefit of a building permit. The applicant has owned Lot 11 since at least
1988, when the original Special Permit tm Lot 12 was granted. Currently, the applicant has meet with staffto discuss
correction measures. The illegal expansion caimot meet the required side yard setback on Lot 12. However, by
extending the Special Permit to approximately seven (7) feet to the east the required ten- (10) setback can be met.
The remaining portion of Lot 11 is vaqant and would meet the minimum lot width and area requirements of the
"R-lB" District. There are single-family residences south of he subject property in a "B-I" District and a vacant
business building to the west in a "B-I" District. To the north is "R-lB" property developed as the City golf course
and to the east are single-family residenqes in a "R-lB" District. The subject property has direct access to an arterial,
Home Road, and to a local street, Teresa Street. Approval of a "BM" District would permit uses such as auto sales,
bars and dance halls at this location if' the auto repair business cease to operate. Such uses are not considered
appropriate when adjacent to a residential area. The adjacent residential properties have remained as a stable
neighborhood. The designation of a "BM" District on Lot 12 and a portion of Lot 11 could further undermine the
stability of the residential neighborhood. However, a "B-I" District with a Special Permit could be considered for
the seven (7) foot area of Lot 11 to allow the building to met the setback requirement.
Overall, the Comprehensive Plan Elements can be supportive of a less intense business zoning due to the subject
property's direct access to an arterial an/t its residential adjacency. The Westside Area Development Plan's adopted
future land use map recommends the area to develop with low-demity residential uses due to the residential
character. The requested "B-4" District is not consistent with the Plan's adopted future land use map.
-261 -
Agenda Memorandum
Case No. 0603-04 (Paul S. Vera)
Page 2
The Planning Commission denied the "1~-4" District, and in lieu thereof, approved a revised Special Permit on Lot
12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct
the building expansion setback subject tola site plan and the following ten (10) conditions:
ALLOWED USES: The only Use authorized by this Special Permit other than those uses permitted by
right in the "R-lB" One-family Dwelling District and the "B-I" Neighborhood Business District with a
Special Permit is an auto repai~ use limited to minor and major automotive repair. All automotive repair
must be done within an enclosec~ building.
VEHICL~ES_: All vehicles stored on the premise must have a valid pending work order and must have a
valid State inspection and license sticker. Wrecked vehicles and auto salvage are prohibited.
FLOOR AREA: The total floo~ area used for the automotive repair use may not exceed 4,431 square feet,
as shown on the attached site plan.
SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and
maintained along the south and~ast properly lines. Along the east property line and ten (10) feet from the
Home Road right-of-way line, the screening fence must have a height of three (3) feet. Within ten (10) and
fifl.een (15) feet from the Home ~,oad right-of-way line, the screening fence may transition from six (6) feet
to three (3) feet. The screening I~ence must be installed within 180 days fi.om the date of this ordinance.
LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the
Home Road and Teresa Street~ights-of-way. The landscaping strip must contain at least two (2) canopy
trees along Home Road, three q3) canopy trees along Teresa Street, hedges with a height of three (3) feet
and a ground cover. All landscSping must be installed within 180 days from the date of this ordinance and
must be kept in a healthy and grbwing condition at all times.
Pl ATTD-JG' 1 otq 11 and 19 mVq* he re,,l~tod t~- p,cwicle a ¢~ n~ratlm s?back often (103 feet aton2 the east
HOURS OF OPERATION: The permitted automotive repair use is limited to the hours between 6:30 a.m.
and 7:00 p.m.
9.
10.
LIGHTING: All exterior lightigg must be directional and shielded. Lighting must be directed away from
the surrounding residences and adjacent public right-of-way.
PARKING AREA: The off-slreet parking area and the maneuvering area must be improved with a
minimum 2-inch layer of asphalt. All off-street parking spaces must be striped according to City standards.
TIME LIMIT: This Special P~rmit shall be deemed to have expired within 180 days of the date of this
ordinance unless the property is being used as outlined in condition # 1, which includes obtaining a building
permit for the existing expansion; a Certificate of Occupancy, and is in compliance with all other
conditions.
Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation
Notification: Prior to the date of this momorandum, twenty-three notices were mailed to the property owners within
a 200-foot radius. One (1) notice, being the applicant/owner of the subject property, was returned in favor and one
(1) was returned in opposition. This cas~ could become controversial due to prior history of violations.
Assistant Director of Development Services/
Director of Planning
-262-
Agenda Memorandum
Case No. 0603-04 (Paul S. Vera)
Page 3
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Planmng comrmssion Minutes
4) Ordinances
H:~P LN -D IR\ERMA~WOKD~AGEN DMEM\0603 *04AGENDAM EM O.DOC
-263-
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
Laguna Acres, Block 1, Lot 12 and a portion of Lot
Road and Teresa Street,
Area of Request:
Lot(s) Area:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
0603-04
June 18, 2003
J14D
Paul S. Vera
11, located at the southeast comer of Home
0.42 acre (18,190 square feet)
Same as above.
"R-lB" One-family Dwelling District and "B-I"
Special Permit
"B-4" General Business District
Auto repair facility on Lot 12 and a portion of
Lot 11.
Allow the illegal expansion on Lot 12 and to
meet setbacks per replat of Lots 11 and 12.
Applicant notified February 18, 2003 of zoning violation for the illegal expansion of the auto sales
repair shop without appropriate setbacks, permits or certificate of occupancy.
-264-
Zoning Report
Case No, 0603-04 (Paul S. Vera)
Page 2
Adiacent Zonine:
North, East - "R- 1B" One-family ~)welting District
South - "R- 1B" One-family Dwelling District and "B- 1" Neighborhood Business District
West -"B-I" Neighborhood Busitaess District
Adiacent Land Use:
North- (across Home Road) Munlcipal golf course.
South, East - Single-family residehces.
West - (across Teresa Street) Vac*nt commercial building and single-family residence.
Number of Residential Units Allpwed:
"R-lB"- 0 units (7.26 dwelling mlits per acre- 0.04 less than 6,000 sq. ft. per lot)
"B-I" - 15 units (36.30 dwelling gnits per acre on 0.42 acre)
"B-4" - 15 units (36.30 dwelling hnits per acre)
Estimated Traffic Generation:
Automobile care center - 2.97 av{rage weekday vehicle trip ends (weekday peak hour) per 1,000
square feet of gross floor area x 5,474 square feet of gross floor area = 16 average weekday vehicle
trip ends (weekday peak hour)
Adjacent Streets/Classification:
a) Home Road - collector
b) Teresa Street -local
Right-of-Way Design
Current:
a) 80-foot right-of-way with a 62-foot back-to-back paved section.
b) 60-foot right-of-way with a 40-foot back-to-back paved section.
Planned:
a, b) Same as current.
Traffic Count (24-hour, weekday, non-directional):
a, b) None available.
-265-
Zoning Report
Case No. 0603-04 (Paul S. Vera)
Page 3
Zoning History of Property:
In July 2000, the Planning CommiSsion reviewed a request for a change of zoning on Lot 11 from
a "R-lB" District to a "B-4" District in order for the applicant to expand the auto repair business
onto the lot. The case was continued and the applicant withdrew in order to resubmit an application
that included Lot 12.
In May 1996, the City Council denied a request for a change of zoning from a "B-1/SP" District to
an "I-2" District in order to continde outside repair of vehicles and large trucks and semi-trailers.
In May 1988, Lot 12 was granted a !Special Permit for an auto repair shop subject to a site plan and
conditions.
Recent Surrounding Zoning Casgs:
There has been no rezoning activity in the area within the past five (5) years.
Planning Staff Analysis:
General Characteristics an~ Back~ound: The applicant ,h, as requested a change of zoning
from a "R-lB" One-family Dwelling District and a "B-I' Neighborhood Business District
building expansion on Lot 12. A portion of Lot 11 is within the area of request in order lbr
the building to meet the required setback. In May 1988, Lot 12 was granted a Special
Permit for an auto repair facility subject to a site plan. The site plan limited the building to
2,400 square feet and the conditions required the use to be inside the building and a screening
fence installed along the south and east property lines. Sometime in 1996 or shortly
thereafter, a 2,071 square foot addition was made to the existing structure in violation of the
approved Special Permit and without the benefit of a building permit. The applicant has
owned Lot 11 since at least 1988, when the original Special Permit on Lot 12 was granted.
Currently, the applicant has meet with staff to discuss correction measures. The illegal
expansion cannot meet the required side yard setback on Lot 12. However, by extending the
Special Permit to approximately seven (7) feet to the east the required ten- (10) setback can
be met. The remaining portion of Lot 11 is vacant and would meet the minimum lot width
and area requirements of the "R-1B" District. There are single-family residences south of he
subject property in a "B-I" District and a vacant business building to the west in a "B-I"
District. To the north is "R-1B" property developed as the City golf course and to the east
are single-family residences in a "R-1B" District. The subject property has direct access to
an arterial, Home Road, and to a local street, Teresa Street. Approval of a "B-4" District
would permit uses such as auto sales, bars and dance halls at this location if the auto repair
business cease to operate. Such uses are not considered appropriate when adjacent to a
residential area. The adjaceat residential properties have remained as a stable neighborhood.
The designation of a "B-4" District on Lot 12 and a portion of Lot 11 could further
-266-
Zoning Report
Case No. 0603-04 (Paul S. Vera)
Page 4
undermine the stability of the residential neighborhood. However, a "B-1" District with a
Special Permit could be cofisidered for the seven (7) foot area of Lot 11 to allow the building
to met the setback requirement.
Overall, the Comprehensiye Plan Elements can be supportive of a less intense business
zoning due to the subject p~operty's dir, ect access to an arterial and its residential adjacency.
The Westside Area Development Plan s adopted future land use map recommends the area
to de,v, elop with low-density residential uses d, ue to the residential character. The requested
"B-4' District is not consistent with the Plan s adopted future land use map.
Potential Housing Density: Residential density in the "R- 1B" District is 7.26 dwelling units
per acre or 0 traits on a portion of Lot 11 that is less than 6,000 square feet. A "B-i" District
permits a residential density of 36.30 dwelling units per acre or fifteen (15) units on Lot 12.
The "B-4" District permits a density of 36.30 dwelling units per acre or fifteen (15) units on
the subject property.
Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a fi'ont yard setback of 25 feet with
a side and rear yard setbacl~ of five (5) feet each. Both the "B-I" and "B-4" Districts require
a front yard setback of twenty (20) feet with no required side or rear yard unless adjacent to
a residential district where a setback of ten (10) feet each will be required along that
adjacency. A ten- (10) foot ~etback is required to the east. Buildings in the "R-lB" and "B-I"
Districts are limited to 35 feet not to exceed three (3) stories. There are no building height
limitations in the "B-4" District.
Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed
one square foot. Wall signs in the "B-I" and "B-4" Districts are unlimited. Freestanding
signs in the "B-I" District are limited to one sign with a sign area of forty (40) square feet
and a height of twenty (20)i feet. Freestanding signs in the "B-4" District located behind the
20-foot setback, are unlimited as to size, height, or number. Ifa freestanding sign is located
within the front yard setback, it is limited to one sign per street frontage with an area of forty
(40) square feet and a height of 25 feet. Approval of the "B-4" District would have the
potential of having large s/~gns in proximity to a sensitive neighborhood.
Traffic: As an auto repair facility, the amount of traffic generated will be minimal and not
impact the adjacent arterial road, Home Road. Heavy vehicle traffic on Teresa Street is
impactive to the adjacent residential area.
Parking/Screening: An auto repair facility is required to provide one off-street parking space
for each three (3) employees on the premise. Compliance with the parking regulations will
required during the permitting phase of the project. A standard screening fence with a height
of not less than six (6) feet: is required when a business or industrial use locates adjacent to
a residential district. A standard screening fence will be required along the south and east
property lines.
-267-
Zoning Report
Case No. 0603-04 (Paul S. Vera)
Page 5
Pros: (Ideas in support of the request.)
a) None.
Cons: (Ideas in support of maintaining the current zoning.)
a)
b)
The requested "B-4" DistriCt is not consistent with the adopted Westside Area Development
Plan's recommended land ~se.
Expansion of the nonres!dential zoning could disrupt the stability of the residential
neighborhood. ~
c) Based on the applicant's ki~tory of compliance, it is very possible that over time, the outside
storage of vehicles, junkecl vehicles and materials will continue and expand.
Staff Recommendation: Denial 0fthe "B-4" District and in lieu thereof, grant a revised Special
Permit on Lot 12 to include a portion of Lot I1 to allow the auto repair use, and to correct the
building expansion setback subjedt to a site plan and the following ten (10) conditions:
ALLOWED USES: The 0nly use authorized by this Special Permit other than those uses
permitted by right in the "B-1" Neighborhood Business District and the "R-1B" One-family
Dwelling District is an aul~o repair use limited to minor and major automotive repair. All
VEHICLES: All vehicles stored on the premise must have a valid pending work order and
must have a valid State inspection and license sticker. Wrecked vehicles and auto salvage
are prohibited.
FLOOR AREA: The total floor area used for the automotive repair use may not exceed
4,431 square feet, as shown on the attached site plan.
SCREENING: A standard screening fence with a height of not less than six (6) feet must
be installed and maintained along the south and east property lines. Along the east property
line and ten (10) feet from the Home Road right-of-way line, the screening fence must have
a height of three (3) feet. Within ten (10) and fifteen (15) feet from the Home Road right-of-
way line, the screening fence may transition from six (6) feet to three (3) feet. The screening
fence must be installed within 180 days from the date of this ordinance.
LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must
located along the Home ROad and Teresa Street rights-of-way. The landscaping strip must
contain at least two (2) canopy trees along Home Road, three (3) canopy trees along Teresa
Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be
installed within 180 days ~om the date of this ordinance and must be kept in a healthy and
growing condition at all times.
-268-
Zoning Repon
Case No. 0603-04 (PaulS. Vera)
Page 6
PLATTING: Lots 11 andil2 must be replatted to provide a minimum setback often (10)
feet along the east property!line of Lot 12 to accommodate the existing structure on Lot 12.
HOURS OF OPERATIOn: The permitted automotive repair use is limited to the hours
between 6:30 a.m. and 7:00 p.m.
LIGHTIN___~G: All exterio~ lighting must be directional and shielded. Lighting must be
directed away from the sun~ounding residences and adjacent public right-of-way.
PARKING AREA: The off-street parking area and the maneuvering area must be improved
with a minimum 2-inch 14yer of asphalt. All off-street parking spaces must be striped
according to City standard$.
10.
TIME LIMIT: This Special Permit shall be deemed to have expired w~thm 180 days of he
~ ~'f thi'--~ or'"-~inance unless the property is being used as outlined in condition #1, which
includes obtaining a buildi~g permit for the existing expansion; a Certificate of Occupancy,
and is in compliance with $11 other conditions.
Attachments:
Zoning Map
Site Plan
14:XPLN -DIR~ERMA\WORD~ZONRPTSL2003\0603-04CCREPORT,DOC
-269-
R-lB
GABE LOZANO MUNICIPAL GOLF COURSE
Jun 6, 2003 - RP
0 100 200 , ,300
CASE Z0603-04
~ Subject property
I--T-] 0~r, ers within 200 feet listed
-270-
on attached ownership Fist
Ii
!1 I I
I ~i I ! I
'I
O0
0 00010 0 0
ti
TERESA STREET
MEDINA ENGINEERING & SURVEYING
Case No. 0603-04
Paul S. Vera
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from with/n the 200-foot notification
Favor: Non~.
5)
area:
Paul S. Vera (Applicant/Owner), 1101 Home Road
"Better economy."
Opposition:
1 O) Carlos and Nellie Escamilla, Jr., 1110 Lolita
"Mr. Vera does not keep up with his yards. I think you as City Council should
fine Mr. Vera. ThiS has been going on for years. From the last meeting, Mr. Vera
cactus. These are not trees. This area needed to be cleaned. Mr. Vera always in
every meeting says he does not make enough money. I think he does. He worked
for you all fixing City vehicles. We are very opposed of Mr. Vera doing anything
with this land, Lot 12. Mr. Vera should remove all junk cars in both lots or YOU
as City Council should fine Mr. Vera for every junk car he has. This is an auto
mechanic shop not a junk yard."
II. Responses received from autside the 200-foot notification area:
Favor: None.
Opposition: None.
III. Responses received from owners/applicants of subject area:
Favor:
· Paul S. Vera, (Applicant/owner), 1101 Home Road
"Better economy."
Opposition: None.
H:~PLN-DIR~ERMA\WORD\COMM DATA\0603 -04COMMENTS.DOC
-272-
Planning commission Minutes
June 18, 2003
Paul S. Vera: 0603-04
REQUEST: "R-lB" One-Famil~ Dwelling District,, and "B-I" Neighborhood Business District
with a "SP" Speci~d Permit to "B-4 General Business District Laguna Acres,
Block 1, Lot 12 arid a portion of Lot 11, and located at the southeast comer of
Home Road and Te~resa Street.
Ms. Goode-Macon provid{d a computerized slide illustration of the subject property and
the surrounding area. The applicaht has requested a change of zoning fi.om a "R-1B" One-family
Dwelling District and a "R-1B/SP Neighborhood Business District with a Special Permit to a
"B-4" General Business District inl order to legalize the auto repair building expansion on Lot 12.
A portion of Lot 11 is within the area of request in order for the building to meet the required
setback. In May 1988, Lot 12 was granted a Special Permit for an auto repair facility subject to
a site plan. The site plan limited the building to 2,400 square feet and the conditions required the
use to be inside the building and a screening fence installed along the south and east property
lines. Sometime in 1996 or shortly thereafter, a 2,071 square foot addition was made to the
existing structure in violation of the approved Special Permit and without the benefit of a
building permit. The applicant has owned Lot 11 since at least 1988, when the'original Special
Permit on Lot 12 was granted. Currently, the applicant has meet with staff to discuss correction
measures. The illegal expansion cannot meet the required side yard setback on Lot 12. However,
by extending the Special Permit to approximately seven (7) feet to the east the required ten- (10)
setback can be met. The remaining portion of Lot 11 is vacant and would meet the minimum lot
width and area requirements of th6 "R-lB" District. There are single-family residences south of
he subject property in a "B-I" District and a vacant business building to the west in a "B-I"
District. To the north is "R-lB" property developed as the City golf course and to the east are
single-family residences in a "R*IB" District. The subject property has direct access to an
arterial, Home Road, and to a lotgal street, Teresa Street. Approval of a "B-4" District would
permit uses such as auto sales, bars and dance halls at this location if the auto repair business
cease to operate. Such uses are not considered appropriate when adjacent to a residential area.
The adjacent residential properties have remained as a stable neighborhood. The designation of a
"B-4" District on Lot 12 and a p~)rtion of Lot 11 could further undermine the stability of the
residential neighborhood. However, a "B-I" District with a Special Permit could be considered
for the seven (7) foot area of Lot 11 to allow the building to met the setback requirement.
Ms. Goode-Macon provided a brief history of previous rezoning to the subject property.
In July 2000, the Planning Commission reviewed a request for a change of zoning on Lot 11
from a "R-lB" District to a "B-4" District in order for the applicant to expand the auto repair
business onto the lot. The case was continued and the applicant withdrew in order to resubmit an
application that included Lot 12.
In May 1996, the City Council denied a request for a change of zoning from a "B-1/SP"
District to an "I-2" District in order to continue outside repair of vehicles and large tracks and
semi-trailers.
In May 1988, Lot 12 was granted a Special Permit for an auto repair shop subject to a site
plan and conditions.
-273-
Planning Commission Minutes
June 18, 2003
Case No. 0603-04 (Paul S. Vera)
Page 2
Overall, the Comprehensi,~e Plan Elements can be supportive of a less intense business
zoning due to the subject property[s direct access to an arterial and its residential adjacency. The
Westside Area Development Plan's adopted future land use map reconunends the area to
develop with low-density residential uses due to the residential character. The requested "B-4"
District is not consistent with the Plan's adopted future land use map. Therefore, Staff
recommends denial of the "B-4" District and in lieu thereof, grant a revised Special Permit on
Lot 12 to include a portion of L~t 11 to allow the auto repair use, and to correct the building
expansion setback subject to a sit,plan and the following ten (10) conditions:
ALLOWED USES: The o~ly use authorized by this Special Permit other than those uses
permitted by ~ 'in the "B-I" Neighborhood Business District is an auto repair use
limited to minor and majo~ automotive repair. All automotive repair must be done within
an enclosed building.
VEHICLES: All vehicles stored on the premise must have a valid pending work order
and must have a valid State inspection and license sticker. Wrecked vehicles and auto
salvage are prohibited.
FLOOR AREA: The total floor area used for the automotive repair use may not exceed
4,431 square feet, as shower on the attached site plan.
SCREENING A standard screening fence with a height of not less than six (6) feet must
property line and ten (10) feet from the Home Road right-of-way line, the screemng
fence must have a height of three (3) feet. Within ten (10) and fifteen (15) feet from the
Home Road right-of-way line, the screening fence may transition from six (6) feet to
three (3) feet. The screeni~ag fence must be installed within 180 days from the date of this
ordinance.
LANDSCAPING: A lan/tscaping strip with a width of not less than five (5) feet must
located along the Home Road and Teresa Street rights-of-way. The landscaping strip
must contain at least two (2) canopy trees along Home Road, three (3) canopy trees along
Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping
must be installed within 180 days f~om the date of this ordinance and must be kept in a
healthy and growing condition at all times.
PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback often (10)
feet along the east property line of Lot 12 to accommodate the existing structure on Lot
12 and a portion of Lot 11.
HOURS OF OPERATION: The permitted automotive repair use is limited to the hours
between 6:30 a.m. and 7:00 p.m.
LIGHTING.: All exterior lighting must be directional and shielded. Lighting must be
directed away from the sun'ounding residences and adjacent public right-of-way.
-274-
Plarming comrmssion Minutes
June 18, 2003
Case No. 0603-04 (Paul S. Vera)
Page 3
9. PARKING AREA: Th~off-street parking area and the maneuvering area must be
improved with a minimun~ 2-inch layer of asphalt. All off-street parking spaces must be
striped according to City sl~andards.
10. TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of
the date of this ordinance pnless the property is being used as outlined in condition #1,
which includes obtaining~ building permit for the existing expansion; a Certificate of
Occupancy, and is in coml~liance with all other conditions.
There were 23 notices ma~led to property owners within a 200-foot radius of which one
(1) was returned in favor and one I~1) was returned by the applicant in favor.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition.
Public hearing was closed.
There was a discussion regarding the applicant's pending court proceedings and status.
Commissioner Pusley stated that the applicant has a history of not abiding by the conditions and
regulations of previous Special Permits.
Motion by Salazar, seconded by Smith, to approve staff's recommendation. Motion
passed with Amsler, Berlanga, Ri~:hter, Salazar, Smith, Stone voting "Aye"; Pusley and Zamora
voting "Nay" and Mims being absent.
-275-
Page 1 of 3
AN ORDINANCE
FROM "R-lB" ONE-F/
NEIGHBORHOOD BUSl
"B-4" GENERAL
COMPREHENSIVE PL
FROM THE EXISTING
PUBLICATION; AND Dr
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
PAUL S. VERA BY CHANGING THE ZONING MAP IN REFERENCE TO
LAGUNA ACRES, BLOCK 1, LOT 12 AND A PORTION OF LOT 11,
.MILY DWELLING DISTRICT AND "B-I"/SP
NESS DISTRICT WITH A SPECIAL PERMIT TO
~USlNESS DISTRICT; AMENDING THE
~,N TO ACCOUNT FOR ANY DEVIATIONS
COMPREHENSIVE PLAN; PROVIDING FOR
CLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning tl~e application of Paul S. Vera 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,
June 18, 2003, during a meetingof the Planning Commission, and on Tuesday, August
19, 2003, dudng a meeting of thee 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 hag determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lots 12 and a portion of Lot 11, Block 1, Laguna
Acres, located at the southeast Corner of Horne Road and Teresa Street, from "R-1B"
One-family Dwelling District and"B-l" Neighborhood Business District to "B-4" General
Business District, as shown on the attached Exhibit A. (Map J14D)
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 Oi'dinance 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 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.
H:~EG-DIR~JOSEPH~ONING\O603-04REGULAR.DOC
-276-
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 thee City Charter of the City of Corpus Christi.
SECTION 7. That upon written
attached, the City Council (1) 1
immediate action necessary for
and (2) suspends the Charter ~
two regular meetings so that thi:
emergency measure on this 19!
request of the Mayor or five Council members, copy
inds and declares an emergency due to the need for
the efficient and effective administration of City affairs
ule as to consideration and voting upon ordinances at
; ordinance is passed upon first reading as an
~ day of August, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED .~..,~f- F~-
Joseph~arney~'~r
Assistant City Attorney
For City Attorney
2003
HSLEG-DIR~JOSEPH~ONING\0603-04REGULAR.DOC
-277-
Page 3 of 3
Corpus Christi, Texas
__ day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the Ci~ Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex ^. Kinnison
Jesse Noyola
Mark Scott
H:~EG-DIR~JOSEPH~ZONING\0603-04REGULAR.DOC
-278-
8--{~5--2~3 11:32A~
M£DINA £N~IN££RIN~ & SURVBYINg
-279-
Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
PAUL S. VERA, BY CHANGING THE ZONING MAP IN REFERENCE
TO LAGUNA ACRES, BLOCK 1, LOT 12 AND A PORTION OF LOT 11,
(CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT
AND "B-I"ISP NEIGt
SPECIAL PERMIT) BYI
REPAIR USE AND 1
SETBACK SUBJECT T
AMENDING THE COMI
DEVIATIONS FROM
PROVIDING FOR PUBL
IBORHOOD BUSINESS DISTRICT WITH A
}RANTING A SPECIAL PERMIT FOR AN AUTO
O CORRECT THE BUILDING EXPANSION
;) A SITE PLAN AND TEN (10) CONDITIONS,
)REHENSIVE PLAN TO ACCOUNT FOR ANY
THE EXISTING COMPREHENSIVE PLAN;
ICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning tile application of Paul S. Vera 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,
June 18,2003, during a meeting of the Planning Commission, and on Tuesday, August
19, 2003, during a meeting of ttle 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 amendmenf would best serve
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 Qrdinance of the City of Corpus Christi, Texas, is
amended by granting a Special permit for an auto repair use and to correct the building
expansion setback subject to ted (10) conditions, on Lot 12 and a portion of Lot 11,
Block 1, Laguna Acres, (currently zoned "R-lB" One-family Dwelling Distdct and "B-
I"/SP Neighborhood Business District with a Special Permit), located at the southeast
corner of Horne Road and TereSa Street, as shown on the attached Exhibit A. (Map
J14D)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to a site plan attached as Exhibit A and the following ten (10) conditions:
ALLOWED USES: The only use authorized by this Special Permit other than
those uses permitted by right in the "R-lB" One-family Dwelling District and the
"B-I"/SP Neighborhood Business District with a Special Permit is an auto repair
H:~LEG-DIR~JOSEPH~ZONING\0603-04ZONIN(~SP. DOC
-280-
Page 2 of 4
10.
use limited to minor and major automotive repair. Ail automotive repair must be
done within an enclosedi building.
VEHICLES: All vehicle~
order and must have
vehicles and auto salva¢
FLOOR AREA: The to
exceed 4,431 square fe(
SCREENING A standar
feet must be installed a
Along the east property
line, the screening fence
fifteen (15) feet from th(
transition from six (6)
installed within 180 days
LANDSCAPING: A lan
must be located along
landscaping strip must (
three (3) canopy trees a
stored on the premise must have a valid pending work
valid State inspection and license sticker. Wrecked
e are prohibited.
floor area used for the automotive repair use may not
as shown on the attached site plan.
:1 screening fence with a height of not less than six (6)
nd maintained along the south and east property lines.
line and ten (10) feet from the Horne Road right-of-way
must have a height of three (3) feet. Within ten (10) and
Horne Road right-of-way line, the screening fence may
'eet to three (3) feet. The screening fence must be
from the date of this ordinance.
:lscaping strip with a width of not less than five (5) feet
:he Horne Road and Teresa Street rights-of-way. The
ontain at least two (2) canopy trees along Home Road,
ong Teresa Street, hedges with a height of three (3) feet
and a ground cover. All landscaping must be installed within 180 days from the
date of this ordinance arid must be kept in a healthy and growing condition at all
times.
PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback of
ten (10) feet along the ~ast property line of Lot 12 to accommodate the existing
structure on Lot 12 and a portion of Lot 11.
HOURS
OF
OPERATION: The permitted automotive repair use is limited to the
hours between 6:30 a.mi and 7:00 p.m.
LIGHTING: All exterior lighting must be directional and shielded. Lighting must
be directed away from the surrounding residences and adjacent public right-of-
way.
PARKING AREA: The off-street parking area and the maneuvering area must be
improved with a minimum 2-inch layer of asphalt. All off-street parking spaces
must be striped according to City standards.
TIME LIMIT: This Special Permit shall be deemed to have expired within 180
days of the date of this Ordinance unless the property is being used as outlined in
condition #1, which includes obtaining a building permit for the existing
expansion; a Certificate of Occupancy, and is in compliance with all other
conditions.
H:~-EG-DIR~JOSEPH~ZONING\0603-04ZONINIGSP.DOC
-281-
Page 3 of 4
SECTION 3. That the official Zoaing 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 4. That the Zoning O~inance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th dayof August, 1937, as amended from time to time,
except as changed by this ordina~nce and any other ordinances adopted on this date,
remain in full force and effect. --
SECTION 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication sh~ll 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 8. That upon written ~'equest 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
emergency measure on this 19th day of August, 2003.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joseph Harney
Assistant City Attorney
For City Attorney
2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:~EG-DIR~JOSEP H~ZONING~)603-04ZONINGSP.DOC
-282-
Page 4 of 4
Corpus Christi, Texas
day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the ~mergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was pasf, ed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex ^. Kinnison
Jesse Noyola
Mark Scott
H:~.EG-DIR~JOSEPH~ZONING~3603-04ZONINGSP.DOC
-283-
-284-
30
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: August 26, 2003)
Case No.: 0603-03~ Yolanda R~driguez: A change &zoning from a "B-I" Neighborhood Business to
a "B-4" General Business District on Koolside Addition, Block 6, Lot 9, located on the west side of Airline Road
and approximately 600 feet south of Gqllihar Road.
Planning Commission and Staff's Recommendation {06/04/03): Denial.
Requested Council Action: Denial of the "B-4" District.
Purpose of Request: For auto sales, window tinting, and residential use.
Summary: The subject property is a vacant lot consisting of 0.22 acre. The applicant has requested a change of
zoning on the subject property from "B4" Neighborhood Business District to "B-4" General Business District, in
order to establish an auto sales and auto window tinting use in conjunction with a residential use. The auto sales and
tinting uses are classified in the zoning ordinance as minor and major automotive services and are first permitted in
the "B~4" District.
The applicant plans to construct a 2-story 3,000 square foot building. The £~rst floor will consist of 1,500 square feet
for the auto sales and tinting uses while flae second floor will be used as a residential unit, also 1,500 square feet, for
the owner. The lot has direct access to an arterial, Airline Road, with no access to a residential street. The subject
property is adjacent to single-family residences to the west and across Airline Road to the east. Property along the
west side of Airline Road between Lum Avenue and McArdle Road are zoned a "B-I" District.
In October 1990, the City completed a comprehensive analysis and rezoning of lots to "B-I' on the west side of
Airline Road, between Lum Avenue and McArdle Road. Due to the number of Special Perm/ts approved for retail
uses in this area and the residential adjacency, the Planning Commission and City Council determined that the
appropriate zoning of the area was a "B-I" District. The "B-I' District had been amended in 1984 and 1988 to
make the district more neighborhood friendly by eliminating bars, taverns, and full service station uses. However, in
2000, a lot north of the subject property, Airline Drive near Gollthar Road, was granted a special permit for an auto
sales use.
Approval of the requested "B-4" District would allow auto repair, auto sales and bar uses, all of which are
incompatible with the surrounding residences. A "B4" District introduced along the Airline Road corridor could
trigger other "B-4" District requests that are in proximity to the residential area. The applicant has indicated that a
Special Permit is acceptable. However, granting a special permit for this use would recreate the zoning situation that
was rectified in 1990. Lot design, driveways and surrounding residential conditions for the area have remained
constant under the current "B-I' District that was approved in 1990 and does not necessitate rezoning. The "B-I"
District is the appropriate zoning classification for this area in providing protection to the adjacent residential
neighborhoods. The Southeast Area Development Plan's adopted future land use map recommends the area to
develop with neighborhood business uses. The requested "B-4" District or a Special Permit for a "B-4" use is not
consistent with the adopted plan and future land use map.
-287-
Agenda Memorandum I
Case No. 0603-03 (Yolanda Rodriguez) I
Page 2 '
Applicant's Position: The applicant do~:s not concur with Planning Commission and Staff's recommendation
Notification: Prior to the date of this memorandum, twenty-nine (29) notices were mailed to the property owners
within a 200-foot radius, of which two t~2) were returned in favor and none in opposition. This case is considered
controversial.
Michael ~gl A~i 'C p ~~7
Assistant Director of Development Services/
Director of Planning
MGFFGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinance
H:~PLN-DIR~ERMA\WORD~AGENDMENE0603.03 AGENDAMEMO,DOC
-288-
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0603-03
June 4, 2003
HI6B
Yolanda Rodriguez
Koolside Addition, Block 6, Lot 9, located on the west side of Airline Road, and approximately 600
0.22 acre (9,382.50 square feet)
Same as above.
"B-1" Neighborhood Business District
"B-4" General Business District
Vacant lot.
Auto sales, window tinting and residential use.
Not applicable.
feet south of Gollihar Road.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adlacent Zoning:
North, South - "B-I" Neighborhood Business District
East, West - "R-1 B" One-family Dwelling District
Adjacent Land Use:
North - Single-family residence.
South - Vacant building.
East and West - Single-family residences.
-289-
Zoning Report
Case No. 0603-03 (Yolanda Rodriguez)
Page 2
Number of Residential Units Allowed:
"B-I" - 7 units (36.30 dwelling u,its per acre)
"B-4" - 7 units (36.30 dwelling uaits per acre)
Estimated Traffic Generation:
Automobile sales - 47.91 average ~veekday vehicle trip ends per t ,000 square feet of gross floor area
x 1,500 square feet of gross floor area = 72 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Airline Road - arterial
Right-of-Way Design
Current:
a) 80-foot rigin~of-way with a 62-foot back-to-back paved section.
Planned:
a) Same as current.
Traffic Count (24-hour~ weekday, non-directional):
a) 48,820 vehicles per day.
Zoning Histor~ of Property,:
In October 1990, a comprehensive rezoning occurred for property with mixed zoning designations,
located along the west corridor of Airline Road, from Gollihar Road to McArdle Road. The
comprehensive rezoning changed the designation of properties along the corridor to a "B-I" District.
Recent Surrounding Zoning Ca~es:
In October 1990, a comprehensive rezoning occurred for property with mixed zoning designations,
located along the west corridor of Airline Road, from Gollihar Road to McArdle Road. The
comprehensive rezoning changed the designation of properties along the corridor to a "B-I" District.
-29O-
Zoning Report
Case No. 0603-03 (Yolanda Rodriguez)
Page 3
Planning Staff Analysis:
General Characteristics and Background: The subject property is a vacant lot consisting of
0.22 acre. The applicant has requested a change of zoning on the subject property from
"B-I" Neighborhood Business District to "B-4" General Business District, in order to
establish an auto sales and auto window tinting use in conjunction with a residential use. The
auto sales and tinting uses are classified in the zoning ordinance as minor and major
automotive services and are first permitted in the "B-4" District.
The applicant plans to construct a 2-story 3,000 square foot building. The first floor will
consist of 1,500 square feet for the auto sales and tinting uses while the second floor will be
used as a residential unit, also 1,500 square feet, for the owner. The lot has direct access to
an arterial, Airline Road, with no access to a residential street. The subject property is
adjacent to single-family residences to the west and across Airline Road to the east.
Property along the west side of Airline Road between Lum Avenue and McArdle Road are
zoned a "B-I" District.
In October 1990, the City completed a comprehensive analysis and rezorfing of lots to "B-I"
on the west side of Airline Road, between Lum Avenue and McArdle Road. Due to the
number of Special Permits approved for retail uses in this area and the residential adjacency,
the Planning Commission and City Council determined that the appropriate zoning of the
area was a "B-I" District. The "B-I" District had been amended in 1984 and 1988 to make
the district more neighborhood fi'iendly by eliminating bars, taverns, and full service station
uses. However, in 2000, a 10t north of the subject property, Airline Drive near Gollihar Road,
was granted a special permit an auto sales use.
Approval of the requested "B-4" District would allow auto repair, auto sales and bar uses,
all of which are incompatible with the surrounding residences. A "B-4" District introduced
along the Airline Road corridor could trigger other "B-4" District requests that are in
proximity to the residential area. The applicant has indicated that a Special Permit is
acceptable. However, granting a special permit for this use would recreate the zoning
situation that was rectified in 1990. Lot design, driveways and surrounding residential
conditions for the area have remained constant under the current "B-I" District that was
approved in 1990 and does not necessitate rezoning. The "B-I" District is the appropriate
zoning classification for lhis area in providing protection to the adjacent residential
neighborhoods. The Southeast Area Development Plan's adopted future land use map
recommends lhe area to develop with neighborhood business uses. The requested "B-4"
District or a Special Permit for a "B-4" use is not consistent with the adopted plan and future
land use map.
Potential Housing Density: Both the "B-I" and "B-4" Districts permit a residential density
of 36.30 dwelling units per acre or seven (7) units on the subject property.
-291-
Zoning Reporl
Case No. 0603-03 (Yolanda Rodriguez) ,
Page 4
Height/Bulk/Setbacks/Etc.: Both the "B-I" and "B-4" Districts require a front yard setback
of twenty (20) feet and no side or rear yard setback unless adjacent to a residential district.
Along that residential adjacency, a setback often (10) feet is required. Building heights in
the "B-1" District are limited to 35 feet, not to exceed three (3) stories. The "B-4" District
does not limit the building heights.
Signage: Both the "B-I" and "B-4" Districts permit unlimited wall signs. Freestanding signs
in the "B-1" District are limited to one sign with a sign area of forty (40) square feet and a
height of twenty (20) feet. I'he "B-4" District permits unlimited freestanding signs provided
they are located behind the front yard setback. Freestanding signs located in the front yard
setback are limited to one ~ign per street frontage with a sign area of forty (40) square feet
and a height of 25 feet. Th~ signs permitted in the "B-4" District may negatively impact the
adjacent residential area tothe west.
Traffic: The subject proper~ has direct access to an arterial, Airline Road, which is designed
to carry large volumes of traffic. Current traffic count on Airline Road is 48,820 vehicles per
day. The purposed use codld generate 72 vehicle trip ends per day.
Parking/Screening: An auto sales use is required to provide one parking space for each 400
square feet of gross floor or four (4) off-street parking spaces for the 1,500 square feet of
gross floor area. Dwellings! are required to provide 1.5 spaces for one (1) bedroom units or
two (2) spaces for dwelling~ over one bedroom unit. The two-bedroom unit proposed above
street parking regulations will be required before a certificate of occupancy can be issued.
A standard screening fence with a height of not less than six (6) feet is required when a
business of industrial use locates adjacent to a residential district. A standard screening fence
is required along the and west property line.
Pros: (Ideas in support of the request.)
a)
The subject property has direct access to an arterial without traversing through a residential
area.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The requested "B-4" District is not consistent with the adopted Southeast Area Development
Plan.
b)
The proposed use is not consistent with the retail and office uses along the west side of
Airline Road.
c) The proposed auto sales use would adversely impact the adjacent residential neighborhood.
-292-
Zoning Report l
Case No. 0603-03 (Yolanda Rodriguez) '
Page 5
d)
The "B-4" District provides for some uses IE. (bars and auto repair uses) that are not
compatible to residential uses to the east and west.
Staff Recommendation:
Denial.
Attachments:
Zoning Map
Site Plan
H :XPLN-DIR~ERMA\WOKD~ZONRPTS~2003\0603-03 CCREPORT~DOC
-293-
B-I
Moy 30, 2003 -- RP
CASE Z0603-03
~ Subject property
~ Owners within 200 feet listed
-294-
on ettoched ownership list
AIRLINE RD
KOOLSIDE LT9 BK6 69.5'
-295-
bCoMMENTS RECEIVED
ROM NOTICES MAILED
Case No. 0603-03
Yolanda Rodriguez
· - FAVOR
X - OPPOSED
(Note: The listed numbers corresI~ond to the attached map.)
I. Notices returned from witt~n the 200-foot notification area:
Favor:
10) Jose Perez, Jr. 5801i Norvel
No written commel~t.
17) David Wallace, 53q9 Williams
No written cornmeqt.
Opposition: Non~.
II.
Responses received from o~tside the 200-foot notification area:
Opposition: None.
III.
Responses received from oWners/applicants of subject area:
Favor: None;
Opposition: None,
H:~P LN -DIR\EKMA\WOKD\COMM DATA\0603 -03COMM ENTS.DOC
-296-
Planning comrmssion Minutes
June 4, 2003
Yolanda Rodriguez: 0603-03
REQUEST:
"B-I" NeighborhoOd Business District to "B-4" General Business District on
property described as Koolside Addition, Block 6, Lot 9 and located on the
west side of Airline Road, and approximately 600 feet south of Gollihar
Road.
Ms. Goode-Macon provided a computerized slide presentation of the subject property and
the surrounding area. The subject property is a vacant lot consisting of 0.22 acre. The applicant
has requested a change of zoning on the subject property from "B-I" Neighborhood Business
District to "B-4" General Business District, in order to establish an auto sales and auto window
tinting use in conjunction with a residential use. The auto sales and tinting uses are classified in
the zoning ordinance as minor and major automotive services and are first permitted in the "B-4"
District.
The applicant plans to construct a 2-story 3,000 square foot building. The first floor will
consist of 1,500 square feet for fine auto sales and tinting uses while the second floor will be
used as a residential unit, also 1,500 square feet, for the owner. The lot has direct access to an
arterial, Airline Road, with no access to a residential street. The subject property is adjacent to
single-family residences to the west and across Airline Road to the east. Property along the west
side o£Airline Road between Lum Avenue and McArdle Road are zoned a "B-I" District.
In October 1990, the City completed a comprehensive analysis and rezoning of lots to
"B-I" on the west side of Airline Road, between Lum Avenue and McArdle Road. Due to the
number of Special Permits approved for retail uses in this area and the residential adjacency, the
Planning Commission and City Council determined that the appropriate zoning of the area was a
"B-I" District. The "B-I" District had been amended in 1984 and 1988 to make the district more
neighborhood friendly by eliminating bars, taverns, and full service station uses. However, in
2000, a lot north of the subject property near Lum Avenue was cited a zoning violation for an
auto sales use and was granted a special permit for the cited auto sales use.
Approval of the requested "B-4" District would allow auto repair, auto sales and bar uses,
all of which are incompatible with the surrounding residences. The "B-4" District introduced
along the Airline Road corridor could trigger other "B-4" District request that are in proximity to
the residential area. The applicant has indicated that a Special Permit is acceptable. However,
granting a special permit for this use would recreate the zoning situation that was rectified in
1990. Lot design, driveways and surrounding residential conditions for the area have remained
constant under the current "B-I" District that was approved in 1990 and does not necessitate
rezoning. The "B-I" District is the appropriate zoning classification for this area in providing
protection to the adjacent residential neighborhoods. The Southeast Area Development Plan's
adopted future land use map recommends the area to develop with neighborhood business uses.
The requested "B-4" District is not consistent with the Plan's adopted future land use map. There
were 29 notices mailed to property owners within a 200-foot radius of the subject property of
which two (2) were returned in favor and none were returned in opposition. Staff recommends
denial o£the rezoning request.
-297-
Planning comrmssion Minutes
June 4, 2003
Case No. 0603-03 (Yolanda Rodriguez)
Page 2
Chairman Berlanga opened the public hearing.
Augustine Lerma, Jr., 101~7 Airline, stated that he was in favor of any zoning change as
long as his taxes and insurance were not affected.
Public heating was closed.,
The applicant, Yolanda Ro~figuez, was not present at the heating.
Mr. Gunning provided a brief history of the rezoning effort along Airline Road. He
stated that the properties were initially considered for the "B-I" District; however, modification
needed to be made to the zoning district that did not allow any auto and bar use. Mr. Gunning
stated that auto and bar uses negatively affect the adjacent neighborhood to the rear of the subject
property.
Vice Chairman Mims aske~l if the applicant had previously applied for a rezoning request
for the same use along Everhart R4)ad to which Mr. Saldafia answered in the affirmative.
Motion by Pusley, seconded Amsler, to forward a recommendation for denial of the
rezoning request. Motion passed with Smith, Stone, and Zamora being absent.
-298-
Planning comrmssion Minutes
June 18, 2003
Reconsideration of Zoning Case
Yolanda Rodriguez: 0603-03
REQUEST:
"B-I" Neighborhood Business District to "B-4" General Business District
Located on the west side of Airline Road and approximately 600 feet south of
Gollihar Road.
Mr. Saldafia stated that the applicant is requesting reconsideration. Addressing Ms.
Rodriguez' letter, Mr. Saldafia stated that the attached minutes from the Planning Commission
were that the request on property north of Ms. Rodriguez' property be denied; however City
Council approved a special permit for an auto sales use north of the subject property.
Public hearing was opened.
Yolanda Rodriguez addressed the Commission by stating that there are a few auto uses in
the neighborhood. She stated that she would comply with all requirements.
Public hearing was closed.
Motion by Salazar to reconsider taking action on the zoning case to place on the agenda
in four weeks. Motion dies for lack of second.
No other action was taken.
-299-
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
YOLANDA RODRIGUEZ BY CHANGING THE ZONING MAP IN
REFERENCE TO KOOESIDE ADDITION, BLOCK 6, LOT 9, FROM "B-
1" NEIGHBORHOOD !BUSINESS DISTRICT TO "B~" GENERAL
BUSINESS DISTRICT;iAMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR A~Y DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Com~nission has forwarded to the City Council its reports and
recommendations concerning the application of Yolanda Rodriguez for amendment to
the City of Corpus Christi Zonirig Ordinance and Zoning Map;
WHEREAS, with proper notice !to the public, public hearings were held on Wednesday,
June 4, 2003, during a meetingi of the Planning Commission, and on Tuesday, August
26, 2003, 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.
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lot 9, Block 6, Koolside Addition, located on the
west side of Airline Road, and approximately 600 feet south of Gollihar Road from "B-I"
Neighborhood Business District to "B-4" General Business District. (Map H16B)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the exterior that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:\LEG-DIR~JOSEPH~ZONING\0603-03ZONING REG.DOC
-300-
Page 2 of 3
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 th~ ordinance is passed upon first reading as an
emergency measure on this 26Ih day of August, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~/_.2~ ~
/ f
Uose~HHarne~
Assistant City Attorney
For City Attorney
2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-DIR~JOSEPH~.ONING\O603-03ZONINGREG.DOC
-301-
Page 3 of 3
Corpus Christi, Texas
day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIR~JOSEPH~ONING\0603-03ZONINGREG.DOC
-302-
31
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 26, 2003
AGENDA ITEM: (Caption as it sh
A. Public hearing to consider, pri(
Economic Development for co~
B. Resolution nominating projecl
Renewal Community Commer(
~uld appear on the agenda)
~ritize and nominate applications to the Texas Department of
~mercial revitalization deduction allocations.
s to the Texas Department of Economic Development for
iai Revitalization Deductions which include:
a. Coastal King, Ltd., to reCeive allocation of $125,000 from 2003 Commercial
Revitalizations Deductions for a building located at 108 N. Mesquite;
b. B. E. Beecroft, to receive allocation of $150,000 from 2003 Commercial
Revitalization Deductions fbr a building located at 2222 Laredo Street;
c. Morgan Street Seafood Market, to receive allocations of $30,000 from 2002
Commercial Revitalization Deductions and $40,000 from 2003 Commercial
Revitalization Deductions for a building located at 1602 Morgan;
d. Crown Development Southwest, Inc., to receive $5,685,000 in carryover allocations
from 2003 Commercial ReVitalization Deductions and a $4,115,000 binding
commitment allocation from the 2005 Commercial Revitalization Deductions, for a
building located at 623 Wir~nebago; with a commitment from Crown Development
Southwest, Inc. to place the building in service by July 31, 2005; and
e. Bayfront Medical Plaza, Ltd., and condominium owners of the facility, to receive
$6,000,000 in carryover allocations from the 2003 Commemial Revitalization
Deductions and a $4,000,000 binding commitment allocation from 2004 Commercial
Revitalization Deductions fer a building to be located at 341 South Shoreline, with a
commitment from Bayfront Medical Plaza, Ltd. to place the building in service by
October 31, 2004, with each owner to receive Commercial Revitalization Deductions
based on agreement between owner and the Bayfront Medical Plaza, Ltd.
ISSUE:
As one of forty Renewal Communities nationwide designation, the City of Corpus Christi can
nominate $12 million of Commercial Revitalization Deductions each year during the
designated period. According tO the Internal Revenue Service (IRS), the commercial
revitalization agency (CRA) may r~ake the following types of allocations:
1) An allocation in the year that the project is completed.
2) A carryover allocation where the project must be completed within 2 years and 10% of
the project costs must be incurred within six months or the end of the year in which the
-305-
/
allocation is made. |
3) A binding commitment torn~ke an allocation of a specified dollar amount to a qualified
revitalization building in the calendar year in which the building is placed in service.
In addition, the IRS has determined that CRDs may not be carried forward to a later year, with
the exception of 2002. However, allocations made in one year can not be reallocated in later
years.
The Texas Department of Econo~nic Development was appointed by the Governor as the
Commercial Revitalization Agency~ (CRA) in 2002 and is responsible for certifying allocations
nominated by the governing bodie~ of Renewal Communities in Texas.
Currently, $30,000 of CRDs froml2002,~ $12 million of CRDs from 2003, and $72 million of
CRDs from 2004-2009 is availal~le for nomination. The City has received more than $20
million of requests for CRD allocations for projects that are located in the Renewal
Community.
Required Council Action:
A. Public Hearing to consider projects to the Texas Department of Economic
Development for Commercial Revitalization Deduction Allocations.
B. Resolution nominating projects to the Texas Department of Economic Development
to receive Commercial Revitalization Deduction Allocations.
PREVIOUS COUNCIL ACTION:
June 24, 2003 - Resolution adopting the City of Corpus Christi Commercial Revitalization
CONCLUSION AND RECOMMENDATION:
City staff recommends nominating to the Texas Department of Economic Development all
fundable applications received in response to the advertisement for applications through a
combination of allocations including the 2002 and 2003 and binding commitments for 2004
and 2005 allocations.
Ma~'k Mcb~r~iel
Executive Director of Support Services
-306-
BACKGROUND INFORMATION
August 26, 2003
Applicant 2002 ! 2003 2004 2005 2006 2~07 2008 2009
Coastal King, Inc. 125,000
Morgan Street Seafood Market 30,000 140,000
Crown Southwest Development 5,~)85,000 4,110,000
B.E. Beecroft i~O,O00
Bay~ont Medical Plaza, Ltd. and 6,~)00,000 4,000,000
condominium partnem
Total Allocations nomlnwf~J 8- 30,000 12,~00,000 4,000,000 4,115,000
26.03
BaJance of allocations .fter 8- 0 0 8,000,000 7,885,000 12,000,000 12,000,000 12,000,000 12,000,000
26-03
-307-
Project name:
~0oastal King, LTD.
8 Mesquite
Project Location:
Project Census Tract:
Contact:
HUB:
Jobs Retained:
New Jobs:
Total Investment:
Placed in Service Date:
Allocation Request:
Possible Allocation Year:
Type of Allocation:
CRD allocation recommendation:
3
Robed Had
n
1i6
1!1
300,000
005
.125,000
:003,2004,2005
,inding, car~over
25,000 of 2003 allocations
Summary
Coastal King, Ltd. purchased a bu
Had Restaurant Management, Inc
to the location and employ 27 peo
Burger King's in Calallen, George
part-time employees. The compan
Iding in 2003 for the purpose of renovating it to lease to
Hart Restaurant Management will move their headquarters
)le. Hart Restaurant Management owns and operates 15
West, Victoria, and Kingsville, and employs 200 full and
~ is expanding their operations in South Texas.
-308-
Project name:
Project Location:
Project Census Tract:
Contact:
HUB:
Jobs Retained:
New Jobs:
Total Investment:
Placed in Service Date:
Allocation Request:
Possible Allocation Year:
Type of Allocation:
CRD allocation recommendation:
/Iorgan Street Seafood Market
602 Morgan
0
;ados Alegria
~2
;70,000
~,ug-03
;70,000
!003 only
:urrent
~30,000 from 2002 allocations and $40,000 from 2003
IIIocations
Summary
Morgan Street Seafood Market is ~xpanding their facility to have the capacity to export
seafood across the nation. Morgar~ Street Seafood Market will add 1,256 square feet to the
facility. The business completed tile expansion in August.
-309-
Project name:
Project Location:
Project Census Tract:
Contact:
HUB:
Jobs Retained:
New Jobs:
Total Investment:
Placed in Service Date:
Allocation Request:
Possible Allocation Year:
Type of Allocation:
CRD allocation recommendation:
6(~.own Southwest Development, Inc.
3 Winnebago
3
Gina Lemoine-Hessee, Tony Balboa
r~
0
73
9,800,000
ug-05
,800,000
003, 2004, 2005
Carryover, binding
~[ $5,685 000 carryover allocation from 2003 and a
4,115,000.00 binding commitment from 2005 a Iocat OhS.
Summary
Crown Southwest Deve opment is Purchasing the "Gold Shutters Building" and developing the
project nto a commercial and resi~lential facility. The commercial revitalization deduction tax
code allows for a mixed use fac t~/as long as the residential use is subordinate to the
commercial development and the ~esidential income is not more than 80% of the tota ncome.
The Developer will renovate an existing seven story office building into a residential and
commercial facility. On average each floor is 15,000 square foot, and each floor will be
remodeled for a specific use. The first floor will be developed for commercial uses, such as
restaurants, retail stores, or salonS. It is our intent that these businesses be used by the
tenants of the building as well as those people who work in the neighboring buildings. The
foot. They will be one and two bedroom units, and there will be approximately 51 units in the
building.
-310-
Project name:
Project Location:
ProJect Census Tract:
Contact:
HUB:
Jobs Retained:
New Jobs:
Total Investment:
Placed in Service Date:
Allocation Request:
Possible Allocation Year:
Type of Allocation:
CRD allocation recommendation:
11
B.E. Beecroft
n
29
~;15o,o0o
~lov-03
~15o,o00
_~oo3 only
:urrent
~;15o,oo0 of 2003 allocations
Summary
B.E. Beecroft renovated an existir~g building occupied by Beecroft Construction. Construction
of this project began in early 2003~ and will be completed by November 2003. The addition is
85% complete and is being self-financed. The rehabilitation of this building includes
construction of offices on the sec(~nd floor of the building, installation of new windows, new
lighting, construction and training ~[acilities on the first floor, expanded record storage and
metal storage facility.
-311-
Project name:
~4ayfront Medical Plaza
1 South Shoreline
Project Location:
Project Census Tract:
Contact:
HUB:
Jobs Retained:
New Jobs:
Total Investment:
Placed in Service Date:
Allocation Request:
Possible Allocation Year:
Type of Allocation:
CRD allocation recommendation:
3
Walter Wisznia
n
140
$14,000,000
3ec-04
510,000,000
;)003, 2004
:urrent, carryover, binding
56,000,000 for a 2003 carryover allocation and $4,000,000
3inding commitment allocation from 2004.
Summary
Bayfront Medical Plaza will be cor~structed facility that will house rr~dical offices. The building
will be extravagantly landscaped and includes soma commercial spaces for laboratory and
coffee bar businesses. Each floor will have approximately 15,000 square feet and will house
medical provider groups.
-312-
RESOLUTION
NOMINATING PROJE~CTS TO THE TEXAS DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR RENEWAL COMMUNITY
COMMERCIAL REVITALIZATION DEDUCTIONS
WHEREAS, the Department of
City of Corpus Christi's Census
Community" eligible to sharo in
economic development;
WHEREAS, the Renewal Comr
businesses located in the Rene
-lousing and Urban Development designated the
Tracts 1, 3, 4, 10, and 11 as a "Renewal
:ax incentives to stimulate job growth and promote
~unity designation provides federal tax incentives to
val Community;
WHEREAS, each Renewal Cor~munity can allocate $12 million of Commercial
Revitalization Deductions per year and up to $10 million per project for substantially
rehabilitated or newly construction buildings in the Renewal Community;
WHEREAS, a business can deduct 50 percent of the building in the first year the
building is placed in service or deduct the full amount of eligible expenditures pro
rata over 10 years;
WHEREAS, each Renewal Conhmunity may make the following types of allocations
of the Commercial Revitalization expenditure amounts--an allocation in the
calendar year in which a qualified revitalization building is placed in service; a
binding commitment to make ar~ allocation of a specified dollar amount to a qualified
revitalization building in the calendar year in which the building is placed in service;
and a carryover allocation;
WHEREAS, each Renewal Community must submit to the Executive Director of the
Texas Department of EconomiCDevelopment a plan for awarding its $12 million in
Commercial Revitalization DedUctions ("Allocation Plan");
WHEREAS, in June 2003, the City Council adopted its Allocation Plan. titled "City of
Corpus Christi Commercial Revffalization Local Strategic Plan for the City's
Renewal Community Commercial Revitalization Deduction Allocation Program"
("Local Strategic Plan") and submitted the Local Strategic Plan to the Texas
Department of Economic DevelOpment; and
WHEREAS, pursuant to its Local Strategic Plan, the City published notice of the
Commercial Revitalization DedUction application process, received applications,
and reviewed applications for compliance with the Local Strategic Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS,
SECTION 1. The following projects are approved by the City of Corpus Christi and
nominated for approval to the Texas Department of Economic Development to receive the
following allocations of the Commercial Revitalization Deductions:
aug 26 resolution revitalization. DOC
-313-
2
a. Coasta K rig, Ltd., to receive allocation of $125,000 from 2003 Commercial
Revitalizations Deductioqs for a building located at 108 N. Mesquite;
b. B. E. Beecroft, to receive allocation of $150,000 from 2003 Commercial
Revitalization Deduction~ for a building located at 2222 Laredo Street;
/
c. Morgan Street SeafoOd Market to receive allocations of $30,000 from 2002
Commercial Revitalizatiop Deductions and $40,000 from 2003 Commercial
Revitalization Deduction~ for a building located at 1602 Morgan;
d. Crown Development$outhwest, Inc., to receive $5,685,000 in carryover
allocations from 2003 Cc~mmercial Revitalization Deductions and a $4,115,000
b riding comm tment alloCation from the 2005 Commercial Revitalization
Deductions, for a bu Iding located at 623 Winnebago; with a commitment from
Crown Development SoUthwest, Inc. to place the building in service by July 31,
2005; and
e. Bayfront Medical PlaZa, Ltd., and condominium owners of the facility, to receive
$6,000,000 in carryover allocations from the 2003 Commercial Revitalization
Deductions and a $4,0013,000 binding commitment allocation from 2004 Commercial
Revitalization Deductions for a building to be located at 341 South Shoreline, with a
commitment from Bayfront Medical Plaza, Ltd. to place the building in service by
October 31 2004. with each owner to receive Commercial Revitalization
Ltd.
SECTION 2. The City Manager is authorized to execute a certification to the Texas
Department of Economic Development that the City of Corpus Christi has followed the
procedure in its Allocation Plan, and to the best of his or her knowledge, each application
approved in this Resolution is complete and meets the requirements of the commercial
revitalization deduction program.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: August 21,2003
Lisa Aguilar L-~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
aug 26 resolution revitalization.DOC
-314-
32
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: __8/26/03__
AGENDAITEM:
Quarterly update from Corpu~ Christi Regional Economic Development Corporation
(CCREDC). '
PRESENTER(S):
Ron Kitchens, PresidentJCEO, ¢CREDC
Foster Edwards, Chairman, Colpus Christi Industrial Foundation
REQUIRED COUNCIL ACTION: None.
Ma'r~k L. Mcl~ani~l
Executive Director of Support Services
Attachments: PowerPoint Presentalion from the CCREDC to be sent separately.
-317-
33
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: (Caption/Tittle of Presentation as it should appear on the agenda)
Report on the Local Homebuyer Programs for City Employees.
STAFF PRESENTER(S):
Name
1. Mary Dominguez
, Title/Position Department
Director
Neighborhood Services Dept.
OUTSIDE PRESENTER(S):
Name
Title/Position
Organization
ISSUE:
BACKGROUND:
REQUIRED COUNCIL ACTION:
Additional Background ·
Exhibits ·
-321-
Local Homebuyer Programs for
City Employees
Submitted by Mary Dominguez
Director of Neighborhood Services
C]
Backgroun I Information
The City of Corpus
Christi employs over
2,900 employees
42% of City
employees earn up to
$251800
• Average cost of a
single family home in
Corpus Christi is over
$100,000
Average Cost of a Single Family Home,
Corpus Christi Area
120,000
;100,000
$80,000
$60,000
$40,000
$20,000
I
!- T T T T T T T T T T %�
Source:Real Estate Center at Texas A&M
University
!- T T T T T T T T T T %�
Source:Real Estate Center at Texas A&M
University
City Involvement
• City Council requested information from
local banks and lenders regarding possible
programs for City employees
• Prospective lenders met with City staff to
Cl)LO
discuss programs, issues, and concerns.
• Information packets were requested from
lenders
• The information submitted is outlined
in the next few slides
Coastal 3anc ssb
• City of Corpus Chr sti Employee
Homeownership Pr gram
• Homebuyer Couns( ling
Competitive Rates- t/4% off published rate
• Must Meet HUD Ir_ come Requirements for
Some Programs
N
M
GMAC/Frost Bank
• Workplace programs
• Cost Savings, Free Pre -approval
• Zero Down and Down Payment
Assistance Loan Programs
• Competitive Loan Programs
• Workplace Homebuyer Seminars
• On Site Loan Officer Assistance
1
tN
N
M
I st Comi _lerce Bank
• Low to Moderate Ir some First Time
Homebuyers Progrc ms
— Maximum Income ` 3 3, 8 5 0
— 5% Down Payment
— No Origination Fee
— No Application Fee
— No Appraisal Fee
— No Credit Report E. e
co
N
M
I
C]
I st Community Bank
Freddie Mac 100
• To assist Borrowers with Good Credit History but Limited Down
Payment/Closing cost funds
Fannie Mae 100
• No Down Payment
• 3% Seller Contribution Required
Sub -prime Loans for Credit Problem Consumers
Non -Conforming Loans for Lard to Document Income
Rate Reduction Reward Program
• Interest Rates decrease as good payment history is established
N
M
We] i -s Fargo
• Low to Moderate Income Financing (Emerging Markets
National Program, Freddi Mac 100, Fannie Mae 100)
• Down Payment Assistance (Neighborhood Gold, Hart)
• Teacher/Officer Program
• Low to Moderate Income "renovation Financing
0
M
• Good Credit, Bad Credit I financing
(MORE -Sub Prime Lendi gig)
• OfferingClosing Co(. - Credit
To All City Employees
A Summary of Products Available
• A wide variety of programs
exist for City employees and
area lenders are willing to
customize loan programs
• Housing programs allow low
to moderate income
households to purchase a home
• Down payment assistance is
available through various
programs, including the City
of Corpus Christi
• Wide range of products for
people with all credit
backgrounds
0
;]
Conclusion
Many area lenders are ible to offer customized
loan programs for City employees
Dissemination of infor nation is important to help
employees understand ind simplify the home
buying process
• City Employees are el Bible to use the
Neighborhood Service Department programs as
was Tender program. 7 for home buying
assistance if they quali y
• Employees should cor act Human Resources for
more information
N
M
M
34
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Automated Meter Reading Ir~itiative
/
STAFF PRESENTER(S):
Name
1. Mark McDaniel
2. Ogilvie Gericke
Title/Position
Department
Executive Director
Director
Support Services
MIS
ISSUE:
The City contracted with Public Technology, Inc. to assist with the development of a
strategy and specific recomme~ndations for the pursuit of an Automated Meter Reading
solution. A Request for Proposal is now needed to enable staff to develop and evaluate an
Automated Meter Reading Pilo[ project.
BACKGROUND:
Numerous issues are facing the City's meter reading activity today. First, the Datamatic
handheld system being used iby the meter readers is failing and must be replaced.
Secondly, legislation requires individual metering for multi-family dwellings, apartments and
trailer parks. And thirdly, the City's aging meter infrastructure is being considered for a
significant upgrade.
It was therefore prudent to evaluate if an Automated Meter Reading solution may be more
cost efficient when compared te the current manual system. Public Technology, Inc. was
hired to assist staff in this assessment and with the development of a strategy and specific
recommendations for the pursuit of an Automated Meter Reading solution.
We completed this task, and the projected cost estimates with corresponding savings
opportunities, indicated that Automated Meter Reading should be considered a viable
alternative. A Request for Proposal is now needed to enable staffto develop and evaluate
an Automated Meter Reading Pilot project.
REQUIRED COUNCIL ACTION:
No action required at this time. In near future, City Council will have to approve the
contract with PTI / RAM Technologies to assist with the development of this Request for
Proposal and implementation of the Pilot project.
Ogilvie F. Gericke, P.E.,
Director of Information Systems
-335-
EXHIBIT1' Automated Met.~r Reading Solutions
EXHIBIT 2: Cost Estimates over a 5 Year Implementation Period
-336-
EXHIBIT
Automated Meter Reading Solutions
Mobile Radio Frequency
Mobile Radio Frequency AMR! utilizes vehicles equipped with radio transceiver units to
capture meter readings.
Utility meters must be quipped
to a radio transceiver unit. The
data is downloaded from the u
The utility vehicle is driven al(
solicits meter readings from rr
Once meter readings have be,
information is then uploaded t¢
vith transmitter units that transmit meter reading information
radio unit is installed in a vehicle, and meter reading route
ility billing system into the radio unit (transceiver).
~ng a predefined meter-reading route, and electronically
eters equipped to transmit a radio meter-reading signal.
;n transmitted and captured by the mobile radio unit, the
the billing system for editing and bill generation.
Mobile RF meter readings are c~ollected according to the utilities' desired billing frequency,
and require sufficient personnffl and vehicles (Corpus Christi or contracted third party)
equipped to capture the desireU meter readings.
The number of resources, vehicles and radio transceiver units to accommodate Mobile RF
is determined by billing frequency, account volumes, and meter reading route structures.
Fixed Network
Fixed Network (FN) AMR utilizes a stationary radio communication network to collect data
from utility meters capable of transmitting a meter-reading signal. FN AMR solutions do
not require personnel or vehicles to obtain meter reading information.
Utility meters are equipped with transmitter units that send meter reading information to a
data collection unit (DCU), a critical component of the fixed network. These DCU's are
mounted in strategic geographical locations to insure overlapping coverage for the capture
of radio signals issued by transmitter units attached to utility meters. DCU's are located at
"fixed" positions on poles, buildings, or towers. These units are installed according to
specific heights and positions as recommended by the fixed network vendors to
accommodate specific geographic coverage areas.
The DCU's receive and store meter reading information, and then transmit that data to a
host computer with a connection (LAN) to the utility's billing system. The information is
then uploaded to the billing system for editing and bill generation.
Near "real time" meter reading information is available at all times with a FN solution and
may be obtained daily or more frequently as desired to accommodate the utility and/or
customer through the configuration of meter and data collection unit transmitters. Data
collection units may also be configured to immediately transmit information to the host
computer upon receipt of an urgent message or security alarm.
-337-
EXHIBIT 2
Cost Estimates
5 Ye~r Implementation Period
Reduction in Manual Cumulative Costto Replace
Project Year AMR Cost Meter Reading Costs Delta Meters
Year 1 - Pilot $997,700 ($83,334) $914,366
Year 2 - Phase I $2,779,882 $216,665) $3,477,583 $t,555,666
Year 3 - Phase 2 $2,783,351 $405,603) $5,855,33t $t,555,666
Year 4 - Phase 3 $2,786,954 $659,297) $7,982,988 $1,555,666
Year 5 - Phase 4 $2,790,705 $828,648) $9,945,045 $1,555,666
Year 6 - Phase 5 $2,838,604 $1,267,347) $11,516,302 $1,555,666
Year 7 $129,859 $1,368,041) $10,278,120
Year 8 $t34,076 $1,370,762) $9,04t,434
Year 9 $634,996 $1,425,593) $8,250,837
Year 10 $639,558 $1,591,921) $7,298,474
Year 11 $688,303 $1,603,598) $6,383,179
Year t2 $649,236 $1,667,742) $5,364,673
Year 13 $654,369 $1,784,452) $4,234,590
Year 14 $163,171 $1,803,830) $2,893,931
Year 15 $168,722 $1,948,136) $814,517
Year 16 $714,5tt $2,076,056) ($547,028)
Year 17 $716,114 ($2,107,098) ($1,938,012)
-338-
City of Corpus Christi
Automated Meter Reading (AMR) Initiative
W
iey.
PTI
W
A
O
roje
CONSULTANTS
Brian Anderson, PTI, Inc.
Ronda Mosley-Rovi, PTI, Inc.
is
ADVISORY GROUP
The City of Olathe, KS
The City of Santa Rosa, CA
The City of Rochester, NY
The City/County of Denver
The City of Raleigh, NC
The City of Wichita, KS
The City of Philadelphia, PA
The City of Olathe, KS
The City of Santa Rosa,'CA'
Project Teams
STEERING TEAM PROJECT TEAM
Mark McDaniel, Executive Director, Ogilvie Gericke, Director, MIS
Support. Services Alex Puente; UtilityField Operations --
Debbie Marroquin, Director, Gas Alisa Ansley, Acting Utilities Business Office
Operations Manager
Ed Garana, Director, Water Bob Bailey, General Foreman, Gas
Dade Gunning, Superintendent, Gas Maintenance
& Operations
Danny Ybarra, Assistant Director, Water Operations
Debby Studer, Applications Coordinator, MIS
S Don Nattinger` Network Administrator, Police
Jim Russell, Business Unit Manager, MIS
amu.
police Captain
ar, Attorney I.II,
Mario Tapia, Assistant Dire
Ron Dubuque, F;un8onal 2
Capital Budget
yst, 'Finance
►ffice Supervisor
June 5, 2003 <Page 3
Project Purpose
Interested in evaluating AMR a: a solution to address
-the following -- -
W
Current Datamatic handheld )ystem used by meter readers is
N failing
`fFdiS required to confor i to legislation requiring individual
F
A r f n lt�=fiamily dwelli gs, apartments, trailer parks,etc.
Engagement Objectives
With assistance from PTI / RAM Technologies:
Assemble an AMR Advisory Group (PTI members)
W . Develop objectives and project requirements
oluti(I Alternatives
Summary Description
Mobile Radio Frequency (RF) N eR utilizes vehicles equipped with
radio transceiver units to capturE meter readings from utility meters
A
A e W d with transmitter units. '.'Lequires personnel tooperate vehicles.
.q.,ppeF� q
rttuvok`t Ycollect meter reading
Transmitter units. FN AMR soluti
to obtain meter reading i0format'
a stationary radio communication
lata from�otfijty meters, equipped -with
)ns� -not r6quire personnel or vehicles
.n a,
June 5, 2003 n6
Solution Characteristics
Mobile Radio Frequency (RF) Fixed Network (FN)
Current Metor Reading Costs
&ELM" EST
Current Costs of 24 meter readers ( 5 years)
$20,023,588
Notes:
1. Costs include 4% annual salary. increase for peter
2. City growth rate is projected at.09% perye,
oauu ly,.wciaui a ici
June 5
w
A
v
AMR Cost Projections
The cow on the followi rg stide hove been derived leading
AMR vendor responses to the Request for Information distributed during
this engagement.
Pilot
ProjE:.-tions
obile RF (Itron)
Pilot Deployment
Gas Meters:
Pu
rs:
Fixed Network (Hexagram)
Pilot Deployment
2,213 . Gas Meters:
21389 . Water Meters:
$997,700 . Pilot Costs:
2,213
2,389
$945,719.00
ull System Pre-bid Cost Projections — 15 Years
Mobile RF
Full Deployment
• Gas Meters:
• Water Meters:
Fixed Costs:
Itron)
69,7'18
95,793
$14,147,692.63
;curring Costs:
W Battery Replace $ 2
• Hand Held Replace $
• Maint. Costs $
k
0 Total Cost: $18
Im
o'
Fixed Network (Hexagram)
• Full Deployment
• Gas Meters: 69,718
• Water Meters: 95,793
• Fixed Costs: $22,773,792.00
• Additional / Recurring Costs:
• Personnel (0) $ 0.00
• Vans $ 0.00
Vali Maintenance $ _ 0.00
Battery Replace $ 0.00
• Hand Held Replace $ 50,000.00
Maint "C'd s' 28.000.00
W
0
Arnplernentat-ons Strategy
Implementation period an vary - 5 year or 10 year
od for example
Dependant on availal lity of funding and ROI
Use of a targeted appr ach
2003 P I2
Public
Other Benefits of AMR
■ Improved customer service
• More accurate up to date. data
• Reduced number of estimated reads
• Reducedcustomer complaints and billing adjustments
• Reduced number of re -reads
Reduced call volumes / abandoned calls
x
in) of infrastructure if combined with
s (Work Management System, MDC /
Potential use indetecting leaks °..
Potential to provide Gustorner
consumpt_.
June 5, 2003 Page 13
c inclusion
Projected cost estimates and -.orresponding savings
opportunities indicate that X jR should be considered as a via
alternative
for other wireless 44
may be the most",el
potential applicatic
y between Mobile RF and FN
AMR solution is the most cost
t
the sole application
c itionS., It can also provide bandwidth
n 3such as CMMS and MDC / AVL and
Al
."solution w eri:,c�n dbring all
June 5, 2003 4
Public'
Recommendations
• Request approval for the RFP and Implementation Process
■ Negotiate a consultant contract with PTI l RAA-_ ' and
then submit to Council requesting approval of appointment
Implementation Process
Develop a Request for Proposal (RFPs) for the AMR Pilot
tsol atlant(excluding meter information) to entertain both Mobile RF
ir1';I\lofiAinrlr �nlnfiinr�
meat AMR
V. Conduct Pilot R
V1. Determine Ndkf
out)
bar Proposal (RFP) for Metering Components
m
Tech nology--P,and Vendor.
wit in; ruor- moae
irrrplementati.on Review,,
:ps-based on Post Pilot,. Irnplementatic
June 5, 2003
(roll
Page 7
35
SEE SEPARATE ATTACHMENT
-357-
36
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 8/26/03
AGENDA ITEM:
Motion approving an additional payment of $49,000.00 to Collier, Johnson and Woods, P. C. for audit services
performed for the fiscal year ended July 31, 2002.
ISSUE:
The City Charter, Article Il Section 27, requires an annual audit as follows:
"The Council shall provide fbr an Independent annual audit for ail City accounts and
may provide for such more j~equent audits as it deems necessary."
During the fiscal year 2001-2002 financial audit, implementation of a new accounting pronouncement, GASB
Statement No. 34, was required. This pronouncement materially changed the format and presentation of the
finauclal statements. As a result of this)change, many unforeseen hours were spent by City staff and the ~
auditors to not only complete the audit in compliance with all accounting pronouncements, but also to format and
prepare the financial statements, including the development of the new gov~t-wide statement.
Initially on May 21, 2002, City Council approved payment of $133,000 ($123,000 for the audit and $10,000
additional for GASB No. 34 implementation) to Collier, Johnson, and Woods, P. C. to perform the financial and
compliance audit for the year ended July 31, 2002. However, completion of the audit took longer than expected,
and the number of hours performed and billed by Collier, Johnson, and Woods, exceeded what was originally
estimated by over 25%. Therefore, City Council action is required to authorize payment for the remainder of the
auditor's bill.
REQUIRED COUNCIL ACTION:
City Couned approval is required for aa additional payment to Collier, Johnson and Woods, P. C. for services
performed for audit services performed for fiscal year ended July 31, 2002.
PREVIOUS COUNCIL ACTION:
Motion M2002-142 approved payment of $123,000 on May 21, 2002, to Collier, Johnson and Woods, P. C. for
performance of the fmaucial and compliance audit requirements for fiscal year 2001-2002.
Motion M2002-143 approved payment of $10,000 on May 21, 2002, to Collier, Johnson and Woods, P. C. for
additional assistance in implementation of GASB Statement No. 34.
FUNDING:
The 2002-2003 budget contained funding for the audit, and this amount was rolled into the 2003-2004 budget.
CONCLUSION AND RECOMMENDATION:
Sta~. recommends that the City Council approve the additional payment to Collier, Johnson and Woods, P. C. for
SerVlceS performed for audit services performed for thc fiscal year ended July 31, 2002.
Constance p. Sanchez
Acting Director of Financial Services
H :~TN'DIR~SHARED~-GENDA\Council Items Agenda Memos\Collier Jobar, tag 1903 .doc
-361-
On May 21, 2002, City Council ap~oved a contract with Collier, Johnson and Woods, P. C. in the
amount of$123,000 to perform the financial and compliance audit for the fiscal year ended July 31,
2002. Furthermore, Council appro'eed an additional $10,000 to be spent with Collier, Johnson, and
Woods for assistance in implementiOg the new Governmental Accounting Standards Board (GASB)
Statement No. 34 Financial Reporti)g Model.
The actual hours worked for the co~
hourly rate for Collier, Johnson, ~
$215,247.50, but the actual billing
exceeded the amount approved by ti
additional consulting time needed fc
for secretarial duties needed to corn
npletion of the audit were 2,397.30 hours. Using the standard
id Woods, P. C., the actual hours billed should have totaled
to the City for these services was $206,000. This amount
e City Council on May 21, 2002, by over 25%. This was due to
r the shareholder and audit manager responsible for the audit and
31ete the audit.
To date, $157,000 has been paid. HOwever, City Council action is required to authorize payment for
the remaining $49,000 of the auditor's bill. This amount has been rolled forward from Finance's
fiscal year 2002-2003 budget into the new budget year.
H:WIN-DIR~SHARED~AGENDA\Council Items Agenda Memos\Collier Johnson 81903.doc
-362-
37
CITY COUNCIL
AGENDA MEMORANDUM
August 26, 2003
AGENDA ITEM:
Motion approving recommendations of the City Council Audit Committee regarding the
Corpus Christi Convention & Visitors Bureau funding.
ISSUE:
The City Council previously adopted the Audit Committee's recommendation that City staff
review the Convention and Visitors Bureau (CVB)budget to examine potential costs
savings and operational efficiencies that could be achieved by incorporating the CVB as a
City Department. City staff identified savings that could be realized bythe incorporation, as
well as savings that could be achieved through cooperative services.
REQUIRED COUNCIL ACTION:
Motion to approve the recommendation of the City Council Audit Committee regarding the
Corpus Christi Convention & Visitors Bureau funding.
PREVIOUS COUNCIL ACTION:
July 8, 2003 - Approval of m~tion to accept the Audit Committee recommendations
regarding fiscal issues.
CONCLUSION AND RECOMMENDATION:
The City Council Audit Committee recommends that the current structure of the CVB be
maintained, with City and CVB Staff seeking ways to achieve potential savings identified by
utilizing cooperative services.
~/~rk L. ~l~Daniel
Executive Director of Support Services
Attachments:
Memo - Analysis of Corpus Christi COnvention and Visitors Bureau Operations
Draft Minutes -Audit Committee Meeting held August 18, 2003
-365-
/" ~ Corpus Christi
City of
Corpus
---- Christi
i Memorandum
Office of Management and Budget (OMB)
Date:
To:
From:
Subject:
August 22, 2043
George (Skip) ~K. Noe, City Manager//~
Mark L. McD!niel, Executive Director of Support Service
Analysis of Co~pus Christi Convention & Visitors Bureau Operations
As you are aware, a review ofihe Convention and Visitors Bureau (CVB) FY2003
budget was recently completed and discussed with the City Council Audit Committee.
The purpose of this review was to follow up on the Committee's recommendation to
~ncorporaung me C v~ as a C~[y Department. As reportea to me Cmmmttee, n ~s
estimated that savings of up toi $133,000 might be realized by incorporating the CVB into
the City's organizational struc~_ure. Potential savings would principally be derived from
elimination of duplicate expen~litures in the areas of building and maintenance, phone
and intemet services, computer purchases, services performed by contractual agreements,
staffing, and insurance related costs.
After a lengthy discussion and review of estimated savings, the Committee has
recommended that the CVB should be maintained as it is currently structured, but that
City staff and the CVB should lseek ways to achieve potential savings identified by
utilizing cooperative services. Savings actually achieved could then be redirected toward
enhance marketing efforts within current allocations.
For example, sharing the City'~ sources for telephone and intemet connectivity services
could realize savings compared to the CVB's current costs for these services. Further
savings and/or efficiencies cou~ld also be accomplished by utilizing the City's agreement
with Dell Financial Services for a computer lease program. Currently, the CVB needs to
replace computers purchased ia 1999. With their proposed replacement plan it will take
up to five years to replace these computers. Utilizing the City's agreement with Dell, all
computers could be replaced immediately, with an ongoing replacement every three
years.
-366-
George (Skip) K Noe
City Manager
August 21, 2003
While the cost of leasing com.~uters versus outright purchase produces only a small
savings, the benefits are signit~cant because this would enable the CVB to enhance and
apply improved technology ina more timely manner. Other potential savings in the areas
of building maintenance, contlact services and insurance cost warrant a closer look.
Any additional opportunities fpr savings may be explored in coming weeks and months
afier discussions and meetings[ with the CVB. Toward this end, I would be happy to
initiate informal meetings witt{ CVB staff and attend regular CVB Board meetings as a
City staffliaison to expedite the realization of any potential cost savings benefits. Afier
the Council receives a report fi:om the Committee next week, please advise of your
direction in this regard.
-367-
Minutes
[TY OF CORPUS CHRISTI, TEXAS
Audit comrmttee Meeting
August 18, 2003 - 12:00 p.m.
DRAFT
PRESENT
Council Members:
Rex Kinaison, Chairperson
Jesse Noyola
Mark Scott
City Staff:
George K. Noe, City Manager
Mark McDaniel, Exec Dir Of Support Services
Constance Sanchez, Acting Director of Finance
Cindy O'Brien, Acting Director Mgmt & Budget
Council Member Rex Kirmiso~ called the meeting to order in the 5t~ floor ACM Conference Room of City
Hall at 12:15pm. He then called for apl~roval of the minutes of the Audit Committee Meeting held on July 7, 2003.
A motion was made by Mark Scott, seconded by Jesse Noyola then passed to approve as presented.
The fLrst item for discussion w;
Mark McDaniel asked Constance Sancl~
management responses. Ms. Sanchez [
deparmaent, Capital Asset charges, and i
and Mark Sco~ requested an example.
another department reimburses the origi
would report the payment as a reimburs,
department too. This causes a duplicate
s the FY2001-2002 Management Letter from Collier, Johnson & Woods.
~z, Acth3g Director of Finance, to review the draft letter, and corresponding
roceeded to review the fmdings regarding the Municipal Solid Waste
[eimbursement revenues. Discussion ensued regarding the reimbursements,
Ms. Sanchez explained that when a department incurs an expense, and
~afing department for a portion of that expense, the originating department
~.d revenue, while the paying department would record the expense in their
reporting of the expenditure, and the auditors are requesting that we record
the expenditure only once. This was occurring especially in the grant area. Mr. Noyola agreed that we should only
report the expense in the grant, and not ih the other department.
Ms. Sanchez continued to review fmdings regarding Grants, the CAFR (Comprehensive Annual Financial
g0~f c4ursesl thei~ condition and the le¢;1 ofparticipatinn. Ms. Sanchez'ended her review of the fmdings ;elatin~ to
Accounts Payable reconciliations and E4cheated items. Mr. Scott asked if it was normal to have this many fmdings,
and Ms. Sanchez stated that this was mc~re than usual. Mr. Noe noted that many of the comments were in direct
relation to the required implementation 9f GASB 34, and Mr. McDaniel added that actually, we were better off than
other cities going through the new fman¢ial statement implementation. Ms. Sanchez mentioned that she had been
speaking with the Director for the City 4f Amarillo, and she said it had taken them seven months to complete their
audit under the new GASB 34 requirements. Mr. McDaniel added that for FY2002-2003, the goal is to complete the
CAFR within 120 days. He stated that the auditors have concerns with the City meeting this deadline, however he
reiterated that 120 days was the Financel Department goal and he has been wort~mg with Ms. Sanchez and staffto
meet that goal. Ms. Sanchez stated that ~ey were considering conlxacting out some of the accounfmg work. Mr.
Kirmison commented that we should be ~antious when hiring an accounting fLrm to assist with the year end closing
because often times their rates are high, and that there are alternative ways to acquire professional assistance. Mr.
Kinnlson then inquired about the final ifivoice from the auditors. Mr. McDaniel stated since it was higher than the
base conttact amount it would be presenled to the council for approval on August 26th'
The next item of discussion waS the feasibili~ of restructuring the operations of the Convention & Visitors
Bureau (CVB). Ms. O'Brien handed out the following schedules:
1. Draft Analysis ofcvB 2004 budget versus a City 2004 Budget Scenario, including variances
2. Possible Reductions t~ CVB Budget
3. Comparison of benefits
4. Survey of Texas Cities - Hotel Tax rate and format of CVB
Mr. McDaniel explained Schedule #1, ~here City stafftook the budget submitted by the CVB, analyzed it, and
reduced it by items that would be considered duplicate functions if the CVB were to become a city department. The
last column of the worksheet showed th~ variance between the two budgets, and totaled the possible cost savings.
Mr. Scott questioned the advertising amounts on Schedules #1 & #2, and Mr. McDaaiel explained how the City
arrived at their budget amounts. Mr. N0yola stated that if the City only anticipated a possible savings of $207,000,
then we should possibly leave the arrangements the way they are. He commented that it might not be worth the
trouble, and also, we will have to be inc*easing costs due to the expansion of the Convention Center. Mr. Scott
-368-
Minutes - Audit commattee Meeting
August 18, 2003 Page 2
questioned other proposed reductions, an~t asked if there was a way to merge some of their fimctions with the City,
and save some money. Mr. Noe stated that it was difficult, without actually doing their jobs, to know where to cut
costs without performing a detailed analysis. Mr. Scott reiterated his inquiry of ways to help the.m reduce cos?. Mr.
McDaniel said that if the overhead could ~e reduced, that would help, like moving to a City locaiaon, or reducing
one of the centers. Mr. Noyola asked how many visitors go to the different centers, and Mr. Noe stated that La
Bonte Park has quite a few visitors. Ms.
visitors, and we can provide that informa
Mr. Scott asked why they couldn't move
considered, it would be too costly. Mr. ix
main office on Shoreline. A short discus
hotel folks say they have had a great yem
presence has helped the hotel bookings, t
what functions the City could absorb, wl~
McDaniel stated that there could also be
them with our insurance, but that we wot
Mr. Kinnison requested staff to
CVB to show more accountability and in
results ~om the dollars that we provide.
benchmarks to report against. Mr. Noe g
Kiunison requested that these recommen
l'Brien stated that the CVB should have statistics on the number of
m to the committee. Discussion continued regarding the building costs.
the Convention Center, and Mr. Noe said that though that was
,ola asked how many centers the CVB had, and was told three, plus the
.ion followed regarding the tourist industry, and the fact that though the
, the tax dollars do not reflect that. Mr. Noe pointed out that the military
ut has not generated any hotel tax dollars for the City. Mr. Kinnison asked
:reby Mr. Noe responded phones, computers and building costs. Mr.
;avings in the benefits area. Mr. Noe agreed that we could possibly include
ld need to consult our legal department.
'ocns on ways to help the CVB with cost savings, and mainly wanted the
:teased performance above anything else. Tlae City wants to see more
Mr. McDaniel suggested they have standard reporting formats and
3inted out that the key to being successful is long-term leadership. Mr.
lations from the audit committee be presented to Council on August 26t~.
Mr. McDamel then mentioned the next item on the agenda, which was discussion regarding plans for
follow-up on approved audit committee recommendations previously presented to Council. Mr. McDainel stated
that the review of fees and rates was ake~dy being worked on. Tlae suggestion program for citizens/employees
could be up and runnmg within three mo
easy to have the Chief update the Counci
report reconunended, what the Police De
recommendations. Mr. Kininson asked
deparUnents that could be candidates for
for the audit committee's next meeting.
the process for utilization of the producti
tths. As for the Police Department study, Mr. Noe said that it would be
Mr. Scott requested a presentation where it was delineated what the
arlznent suggested as alternatives, and the status of those altemafive
hen staff would be able to come back to the conmaittee with a list of
a performance review, and Mr. Noe said that staff could prepare something
dr. McDaniel stated that the budget department would work up a policy on
~iW fund.
The last item on the agenda wa~ the long-range storm water funding options. Mr. Kinnison asked when we
would be presenting this to council. Mr. INoe was going to check with council to see what date they wanted to have
a special workshop. A brief discussion f~llowed regarding the storm water funding. Mr. Noe commented that we
had hired a firm to come up with cost estimates for potential project candidates.
Mr. Kinnison requested staff to #md out if it was an eligible use of hotel tax revenues to fund the local share
of a trolley system, and could we increas~the hotel tax and dedicate it for this purpose. Discussion followed
regarding the process of making legislati~ve changes.
With no further business, Mr. l~imaison stated that the date for the next meeting would be determined later,
and adjoin'ned at 1:20pro_
-369-
38
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 26, 2003
AGENDA ITEM:
Motion authorizing a twelve (12) m~nth contract with options to renew for up to three additional
twelve (12) month periods between lhe City &Corpus Christi, Texas, and One Med Corporation
to provide drug testing laboratory, Collection and Medical Review Officer services.
ISSUE:
The City of Corpus Christi's current contract for drug testing, laboratory, collection and Medical
Review Officer services will expire 0n November 30, 2003. A Request for Proposals (RFP) was
issued on June 5, 2003. Proposals were received on June 27, 2003 and were reviewed by the
members of the evaluation team. As a result of the RFPs received and reviewed, One Med
Corporation is determined to be the best value for the City in providing these services.
REQUIRED COUNCIL ACTION:
Council approval is needed authorizing a contract for a minimum of twelve (12) months with options
to renew for up to three additional tWelve (12) month periods for drug testing services, laboratory
services, collection services, and Medical Review Officer services.
Funding for this contract has been included in the proposed budget for Fiscal Year 2003-2004.
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion authorizing a twelve (12) month contract with options
to renew for up to three additional twelve (12) month periods between the City of Corpus Christi,
Texas, and One Med Corporation to provide drug testing services, laboratory services, collection
services, and Medical Review Officer services.
Cynt~a C. G-arcia
Dkector of Human Resources
Attachments:
Ba~:kground Infgrmgtion-
Schexlule A-Eva!.uaOon Criteria
Schedule B,Evaluation Summary
-373-
BACKGROUND INFORMATION
BACKGROUND
In June of 2003, Requests For Pre
collection services and Medical R~
three responded with proposals.
Procurement Division. All three r
current provider will expire Novex
posals were issued for drug testing services, laboratory services,
view Officer services. Of the ten vendors who received the RFP,
Responses to the RFP were received on June 27, 2003 in the
~sponses were provided by local vendors. The contract with the
abet 30, 2003.
EVALUATION
/
Initially, an evaluation team was chosen which was comprised of the Human Resources Director, the
Risk Manager, the Senior PurchaSing Analyst, the Risk Management Analyst, Human Resource
Analyst and the Senior ManagemeCt Assistant/Finance. The evaluation team reviewed proposals for
responsiveness. None were eliminated for non-responsiveness to RFP requirements. The proposals
were evaluated by the team using lhe following criteria: (1) risk 35%, (2) strategic need 15%, (3)
technical solution 10%, and (4) coSt 40%. The resulting matrix prioritized each vendor based on the
point value assigned for each criterion component in the evaluation matrix. Vendor rankings based
on this scoring, method are shown ~n Schedule B
RECOMMENDATION
As a result of this evaluation, One Med Corporation is the highest ranking provider as shown in
Schedule B. City staff recommends City Council approval of a twelve (12) month contract with
options to renew for up to three ad~litional twelve (12) month periods with One Med Corporation to
provide drag testing services, laboratory services, collection services and Medical Review Officer
services.
-374-
i ": BI -0113-03
brtunity Status: Critical
"Alcohol & Drug Testing Services Analysis"
Best Value Team Evaluation and Consensus
Schedule A
Supplier
Risk
Strategic Need
Technical Solution
Cost
Total
Weight
35%
15%
10%
40%
100%
1. Financial Statement
Delivery of Services
1. Documentation of
Professional Licenses and
_/20%
IX.E (pg 9)
1. Confirmed 48-72 hour on
Certifications
positives
IX.I & 1.1C.6
2. Adequacy of Medical
_/10%
(pg 10)
Services (# of Staffing resources
IX.D.1 (pg 8)
_/100%
and Medical Director
Qualifications) including MRO
2. Lab availability to
results
troubleshoot
/30%-
_/15%
IX. B, C,
IX.D,2.(pg 8)
1.1A.6&8&1.1C
(pg 21,15,16,18,75)
3. Custody and Control
Procedures
3. Documentation of
_/60%
Professional Licenses,
IX.D.3 (pg 8)
Professional Designation,
Certifications, and Business
4. Lab Certification
License including all Collection
_/15%
Lab Reporting and Control
IX.D.4 (pg 4)
Procedures
_/50%
IX. D.3., DA., I., N., & O.
(pg 9, 10,11)
CITY OF Schedule B
~ CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
ALCOHOL AND DRUG TESTING
, Comp Care One Med Concentra
Evaluation Criteria Maximum ! Points Points Points
Points Awarded Awarded Awarded
Risk 35 points 31.9 25.6 18.6
iStmtegic Need 15 points 13.1 7.8 4.4
Technical
Solution 10 points 10.0 7.0 10.0
Cost
40 points
TOTAL
24.4
79.4
$63,535.00
40.0
80..__~4
$40,916.00
37.2
70.2
$43,847.00
-376-
HE +ne: Evaluation Matrix matrix
EVALUATION OF ALCOHOL AND DRUG TESTING SERVICES PROPOSALS (7/16/03 + 7/19/03)
STRATEGIC NEED
IM 1 *1 m 10 1 K-3 W-191 it I I i 57M
mom
OEM
"uonc- = C;oncentra Medical Center
"OM" = One Med Corporation
"CC" = Comp Care Medical Center
8/13/2003 2:45 PM
39
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 26, 2003
AGENDA ITEM:
Motion to reconsider Motion No. 2003-264, approved on July 22, 2003, authorizing a two-year
contract with two one-year renewal options between the City of Corpus Christi, Texas and Concentra
Medical Center to provide occupalional health services.
ISSUE:
During the July 22, 2003 City Cour
year contract with two one-year r
Concentra Medical Center for occ
August 19, 2003, a motion was m~
cil meeting, a motion was made and approved to enter into a two-
:newal options between the City of Corpus Christi, Texas and
apational health services. During the City Council meeting on
tde to reconsider the Motion approving the contract.
REQUIRED COUNCIL ACTION:
Council approval is needed authorizing a two-year contract with two one-year renewal options to
provide occupational health servicles.
FUNDING:
Funding for this contract has been included in the proposed budget for Fiscal Year 2003-2004.
CONCLUSION AND RECOMMENDATION:
Staff recommends authorizing a two-year contract with two one-year renewal options between the
City of Corpus Christi, Texas and Concentra Medical Center to provide occupational health services.
'"'~y~hia~-~arcia ~
Director, Human Resobrfce's ~
Attachments:
Attachment A - July 22, 2003 City Council Agenda Memorandum
Attachment B - Letter response to August 19, 2003 letter from Dr. Rose
-381-
Attachment A
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Motion authorizing a two-year cont
Corpus Christi, Texas, and Concen~
ISSUE:
City Council Ac. tion Date: July 22, 2003
:act with two one-year renewal options between the City of
ra Medical Center to provide occupational health services.
The City of Corpus Christi's curren~ contract for occupational heaBh services will expire on July 31,
2003. A Request for Proposals (RFp) was issued on June 5, 2003. Proposals were received on Sune
23, 2003 and were reviewed by the members of the evaluation team. As a result of the RFPs
received and reviewed, Concentra Medical Center is determined to be the best value for the City in
providing these services.
REQUIRED COUNCIL ACTION:
Council approval is needed authorizing a two-year contract with two one-year renewal options to
~rovide occu~afionM health services
FUNDING:
Funding for this contract has been included in the proposed budget for Fiscal Year 2003-2004.
CONCLUSION AND RECOMMENDATION:
Staffrecommends approval of the motion authorizing a two-year contract with two one-year
renewal options between the City Of Corpus Christi, Texas, and Concentra Medical Center to
provide occupational health services.
Le~umbauld
Director of Financial Services
Attachments:
Background Information
Schedule A-Evaluation Criteria
Schedule B~Evaluation Summary
BACKGROUND INFORMATION
BACKGROUND
In June of 2003, Requests For
fourteen vendors who received
received on June 23, 2003 in the
local vendors. The contract
?roposals were issued for occupational health services. Of the
e RFP, four responded with proposals. Responses to the RFP were
?rocurement Division. All of the four responses were provided by
the current provider will expire July 31, 2003.
EVALUATION
Initially, an evaluation team was Chosen which was comprised of the Human Resources Director, the
Risk Manager, the Senior Purchasing Analyst, the Risk Management Analyst, Haman Resource
Analyst and the Senior Management Assistant/Finance. The evaluation team reviewed proposals for
responsiveness. None were eliminated for non-responsiveness to RFP requirements. Thepmposals
were evaluated by the team using the following criteria: (1) risk 25%, (2) strategic need 10%, (3)
technical solution 30%, and (4) cOst 35%. The resulting matrix prioritized each vendor based on the
point value assigned for each criterion component in the evaluation matrix. Vendor rankings based
on this scoring method are shown in Schedule A.
RECOMMENDATION
As a result of tiffs evaluation, C0ncentra is the highest ranking provider as shown in Schedule B.
Therefore, City staff recommends City Council approval of a two-year contract with two one-year
renewal options with Concentra Medical Center to provide occupational health services.
w
ib
A
Scl .dule A
OPPORTUNITY
EVALUATION OF OCCUPATIOI`\L HEALTH SERVICES PROPOSALS
9�n Oral1. Physician's role (2, 4, 6)
murncation /50%
)ositions 2. Meaicai 5o
10,12)
/30%
City's (Provide medical reports
,nsation (13, 15, 16, 3.5)
I20%
7/17/2003 1..;3 PM
RISK
STRATEGIC t
35%.
10%
Adequacy of Medical
1.
Promotion of C
Services (1, 3.3)
and Written Cc
/25%
/45%
Hours of Operation and
2.
Provide legal c
Average Wait time (3.6)
as necessary
/10%
/15%
2.
References (3.3)
3..
Coordinate wit
/10%
Workers' Com
Plan (187)
/40%
3.
Financial Stability (3.3)
120%
4.
Litigations and Lawsuits
[HIPAA] (3.4)
/10%
5
Physical Therapy
(Amendment #1)-
25
/
LL6
9�n Oral1. Physician's role (2, 4, 6)
murncation /50%
)ositions 2. Meaicai 5o
10,12)
/30%
City's (Provide medical reports
,nsation (13, 15, 16, 3.5)
I20%
7/17/2003 1..;3 PM
Evaluation Criteria
Risk
Strategic Need
technical
Solution
Cost
Maximum
Points
35 points
10 points
25 points
30 points
TOTAL
Schedule B
CITY OF CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
OCCUPATIONAL HEALTH
Concentra
Points
Awarded
23.1
8.0
25.0
30.0
86.1
Comp Care
Points
Awarded
23.4
10,0
22.5
26.0
81.9
One Med
Points
Awarded
25.3
7.2
17.3
26.0
758
$119,565.00
Sarato
Points
Awa rde
24.7
· 0.0
4.3
19.O
48.0
$166,836.0
-320-
-385-
Attachment B
City
Corpu
----'-_. __---- Chri !i
DATE:
TO:
THROUGH:
FROM:
SUBJECT:
August 22, 2003
George K. Noe, City Manager /
Mark M~Daniel, Executive Director of Support Service
Cynthia ~arcia, Human Resources Director 0/ITel, ff~
ResponSe to Rose Letter Dated August 19,
On August 19, 2003, Dr. KeithiRose delivered a letter in response to the City's August 1~[
response to his July 24, 2003 letter regarding Occupational Health Services. A copy of
the August 19th letter is attached. In his response letter, Dr. Rose bulleted a number of
issues that will be enumerated l through 10 for ease of reference below.
Bullet 1: Dr. Rose reports that the City paid $600,000 more in workers' compensation
claims in 2002 than in 2001, bat that more claims were filed in 2001. First, it must be
stressed that the numbers he is reporting on are "Incurred Costs," not Paid Costs.
Incurred Costs reflect the City's "exposure," that is, how much the City is likely to have
to pay out for the injury. Paid Costs are dollars actually expended. As previously
reported to the City Council on May 27, 2003 in the City's Risk Management Report and
as evidenced in the table below, the number of claims filed yearly has decreased over the
past 2 years. However, the sextefity of claims (as defined by the amount of dollars
incurred where the worse the injury, the greater the incurred cost) increased between the
two years. In calendar 2001, there were 58 claims with incurred costs in excess of
$10,000. These 58 claims averaged $34,114.95 in incurred costs. In calendar 2002, there
were 67 claims with incurred costs in excess of $10,000, averaging $35,864.98 per claim.
Additionally, there were 73 fewer claims for which no money was paid out at all in 2002
(574 in 2001 compared to 501 in 2002).
-386-
*As reported to ' 27, 2003.
Further, as each workers' comPensation case is reviewed and processed, the actual
incurred dollars for the case may be adjusted upwards or downwards as appropriate. For
example, when the table above was created, the incurred costs for calendar 2002 were
listed as $3,075,536. When ~hose same claims are summarized as of 7/31/03, the
incurred cost for calendar 2002 is reduced to $2,937,819. When each case for 2002 is
finally resolved, the total paid costs may be even less.
Bullet 2: Dr. Rose states that ~he 91recorded emergency room visits for calendar 2002
are one fiRh of our total claim$. In actuality, the 91 visits represent 7.6% of the 1,198
claims filed. They represent 13.06% of the 697 claims for which monies were paid.
Additionally, of the ER visits, 63% were made by Police Department employees, and
22% were by Fire Department employees.
Dr. Rose states that the average ER charge for an injury is $1,500. Of the ER visits
reported under our workers' comp claims, 54% have had total incurred and paid medical
costs (including ER charges) less than $1,000 and 28% have total incurred and paid
medical costs less than $500.
Bullet 3: Dr. Rose states that SPohn hospitals routinely send patients to his facilities. If
an employee of a company con[racted for occupational health services were to go to one
of Dr. Rose's facilities, it would be completely within their rights: according to Texas
Workers' Compensation Law § 22.21 [1][b] and Labor Code Section 408.022, companies
cannot legally force an injured employee to go to a specific service provider for their
initial visit (see Attachment 2). This would hold tree whether the employer were
Christus Spohn or CCISD.
Dr. Rose states that he listed 4 Companies with an employee count greater than 700. That
data was not provided in his RFP response. Rather, he gave names and addresses of 21
organizations, but listed employee counts for only 3. Of those for which he listed
employee counts, none were greater than 700. These were the references that were
-387-
utilized in the evaluation of his proposal because these were the references that provided
the information required under the RFP instructions.
Bullet 4:
City paid only $37,000 in phy
response which he references s
Workers' Compensation for
$37,000 out of $502,000)."
Dr. Rose states thatiin the August 1st letter, Ms. Dumbauld reported that the
5ical therapy treatments. This is not correct. The letter
~ys, "In calendar 2002, only 7.33% of the dollars paid by
hysical therapy were paid to Concentra (approximately
Dr. Rose further states that
therapy in 2002 and that the ay
how the $67,000 was calculate
2002 states that Concentra saw
cases, 26.45% were referred t
chose to undergo physical ther
As previously reported, the va~
treatment fi.om someone other
whomever they choose in orde~
ncentra reported the city paid over' $67,000 for physical
~rage charge per visit was $130.31. We cannot determine
d. Concentra's Injury Analysis Comparison for calendar
500 injury cases, of which 484 are closed. Of those 484
) physical therapy. Of those cases where the employee
~py at Concentra, the average cost per visit was $130.31.
t majority of our employees receive their physical therapy
than Concentra. By law, injured employees may go to
to receive their treatment.
Bullet 5: Dr. Rose states that his is the lowest responsible bid based on Concentra's
1999 proposal. The 2003 proposals were under evaluation and what was provided in
1999 was not considered. H~)wever, the evaluation team determined, after extensive
analysis, that Concentra Medical Centers was the Best Value to the City of Corpus
Christi One Med Corporation !was found to be the third best value.
Bullet 6: Dr. Rose states that Concentra has done chest X-rays for Dallas PI attorneys in
the past and included a copy:of a newspaper advertisement apparently reflecting that
statement. We are unsure t~ow the utilization of Concentra by another entity for
legitimate business purposes should be used in evaluation process.
Bullet 7: One Med received the maximum allowed points in the evaluation process for its
hours of operation. Concentra~ like One Med, is available 24/7 as needed, and while they
may refer employees to physical therapy, our employees overwhelmingly choose another
service provider for their physical therapy Ixeatment.
Bullet 8: Both One Med and Concentra have clinics located on SPID's frontage road.
According to Nueces County Tax Appraisal records, Concentra's facilities encompass an
area of approximately 7,480 square feet, with 12,003 square feet in the parking area. One
Med's facility (The Doctor's Center) has 5,192 square feet of building space and 44,000
square feet of asphalt. Both facilities are on comer lots; therefore, both have the ability
for on-the-street parking wher~ needed.
The Tax Appraisal office's records indicate that One Med's Calallen clinic on Leopard
Street houses 3,482 square feet of office space with 11,600 square feet of concrete
parking. The North Padre ISland Drive office of Concentra is approximately 4,000
square feet and is located in a strip mall at the intersections of Highway 37 and North
Padre Island Drive. The parking for this location appears to be more than adequate.
-388-
3
Bullet 9: The City has previollsly had drug screens and occupational health services
contracted with different vendo[s. Although the selections were made through the RFP
process, we considered the arraqgement to be successful. Drug screens are performed for
pre-employment evaluations, getum to work reviews, random testing, post driving
accident tests under certain circumstances, and reasonable suspicion. In the event an
injured employee is taken to the hospital, our service provider sends a staffmember to the
hospital to perform the test. After hours or after a serious injury, the provider meets the
employee and supervisor at a sit~ agreed upon by the City. There is no need for an injured
employee to spend hours going Io two places.
We believe that the informatio~a provided in the response to Dr. Rose's July 24, 2003
letter is accurate. We further I~elieve that the RFP evaluation process was thorough,
accurate and objective and that Concentra Medical Centers continues to be the best value
service provider for Occupational Health Services.
4
-389-
PROM:
VIA HAND DEL!VERY
Bm~ ~
City Hldl ~
Coqms Cluisd, 'I'OM 7M01-2125
J. K~th Rose M.~.
Preddom of One,ed
O~, upationd Mcdiein~ Se(vices RFI~, Bid Number BI-0120'-03
Attachment 1
Thank yflu f~r Inking inJere$~ i, this important hsuf~ H~'e is the infmmagon lb~! you.
rcqtu:s~d.
previous year. M~re chi~ were flledln 200l.** This ts ~enou, eno snomo ,c
work. O.f_our top :JO oon~cs (ove~ ?,0~0. umPloyccs) wo bit °mY ~ °n°r~cn~Y
tdndnis~n:d ~ ~ ~.~ ~ Ifwe only imMs~d ludf'of thc ~R
vi,tu wc would Imv~ sa~d tb~ city q~ox. STiLOO0 !~ ye~.
smd p~i~m~ to t~ Doom ca~c~. CCISD gm seuos.
~mpmy Wl~ i~.~' 1hill ~00 a~)'ees wbL~ h ~,et w~.lbl~d 4 co~
-390-
(~oo3/0o8
se1.t'tef~ l~ysioal dwral~ mad om'hauls of~lm, ation sunl~y put SA¥~
costa, foflunc m Iron bo~n to smd cye~ f~. *o two sopmtte pleccs (eec ~or
thc drug sc:~n mid one for the i~jmy. Evc~ bJjury hum have · drug ac~ec~)
get you started.
-391-
FREE MEDICAL
EXAMINATION
SILICOSIS
Lt ¢ C CER
MESO EUOMA
CARPF. I~ iRS AND SANiDBI.AST[I~, t~ ~
HAVE W( ~RKED WiTH ASBESTOS AN DIOR
SILICA P.I L.qBTO 1985, THFAq YOU MAY BE
ELIGIBLE FC ~.AFRI~M~DI~ $CREIIN~GTO
DETE~E WHETHI[R YOU HAVE DEVELOPED
AN oCcUPATIONAL LUNG DISF. ASF.
O,ncemm 'm,d'=~ ~J~',40~ S°mh j'ub Idmd Ddw' thyus (:tu~i' T=a*
-392-
Attachment 2
22-65 MEE
8308--4.62--expired Dece
Leg., 2d Called Session,
effective January 1, 1991;
in availability of medical
provide health care to an h
will be considered the em[
[see 28 Adm. C. § 126.7(c
see TWCC Appeals Panel £
to amendment, 28 Adm. C
sion that "treating docto~
"employee's choice of trea
It is the employee that ~
initial choice of a doctor ~
not constitute the emplo
[CAL TREATMENT
§ 22.21111[b1
mber 31, 1992; see also Acts 1989, 71st
Ch. 1, § 17.18--majority of 1989 Act
,'e § 22.20II][bi--role of treating doctor
)enefits]. Generally, the first doctor to
lured employee for a compensable injury
loyee's initial choice of a treating doctor
--amended effective June 1, 1992; but
,,~'ision No. 91023 (Oct. 16, 1991)--prior
126.7(c) was used to support conclu-
, was statutorily distinguishable from
ing doctor"].
entitled to choose a treating doctor. An
adc by the employer or the carrier does
ee's initial choice [former R.C.S. Art.
8308 4.62(a)]. Howeveri if an employee continues to receive
treatment from a doctor s~lected by a carrier or an emplo, yer for
a period of 60 days, that dodlor is deemed to be the employee s initial
choice [28 Adm. C.
Similarly, medical treatn ~ent provided to an injured employee in
an emergency situation dr
choice [former R.C.S. Art. ~
returns to a doctor that pro,
services other than follow-t
doctor will be treated as
§ 12§.7(d)].
es not constitute the employee's initial
008 4.62(a)]. However, ffthe employee
ided initial emergency care for additional
p care for tl},ose emergency services, that
te employee s initial choice [28 Adm. C.
In order to prevent clispgtes as to who constitutes the claimant's
treating doctor, the daimaflt is encouraged to select a treating doctor
and notify the commission ~)f that selection as soon as possible after
the claim is filed [see 28 Achn. C. ~ 126.7(0].
[b]~On or After Jmauary 1, 1993
On and after January 1, i1993, an injured employee is entitled to
.~itial choice of a doetqr, but the doctor must be selected from
a list oi doetbrs approved BY the commission. The requirement that
the doctor be on a list approved by the commission does not apply
to emergency medical treatment [Lab. C. § 408.022(a); 28 Adm. C.
§§ 126.8(a), 126.9(a); see ~ 22.20[1][bi--role of treating doctor in
availability of medical benefits].
All doctors duly licensed in Texas are included on the commis-
sion's list of approved doctors as of January 1, 1993, or at the lime
-393-
§ 22.2111][b]
CATEGORIZATION OF BENEFITS
22-66
of their licensing in Texas. In addition, doctors who are not licensed
in Texas, butiwho are licensed in another state or jurisdiction, may
apply to the¢ommission to be included on the approved list [Lab.
C. § 408.023(a); 28 Adm. C. § 126.8(a)]. Pursuant to legislative
amendment in 2001, each doctor licensed in Texas on September
1, 2001, is ~ligthle to be included on the commission's list of
approved doc tors only if the doctor registers with die commission
as prescribed by commission rules and complies with the require-
ments adopt,~d by the commission [Lab. C. § 408.023(a); see 28
Adm. C. § 1 ]0.20(b)--commission requirements for inclusion on
list, effective September 1, 2003].
The commission has the authority to delete doctors from the
approved list if eircomstances warrant [see Lab. C. § 408.0231(a),
(b)(1), (c)] aslwell as to reinstate doctors who have previousl7 been
deleted [Lab. C. § 408.02Bt(d)]. Although an injured employee is
required to s, ~ek treatment from a doctor on the commission's list,
a carrier is x or allowed to withhold reimbursement to a doctor
licensed in ai tother jurisdiction merely bemuse the doctor's name
does not app~ ar on the list [28 Adm. C. § 126.8(b)]. This nde does
not apply, ho ,ever, if the doctor's name was once on the list but
has been del~ ~ted [28 Adm. C. § 126.8(b)].
The rules ~veming what constitutes the employee's initial choice
[see [aJ, aoot~e], l~or example, an employee still has the fight to
choose and may not be forced to accept an employer's or carrier's
choice of a ~eating doctor [see 28 Adm. C. § 126.9(a), (c)(2)].
However, ff arn employee initially sees a doctor recommended by
an employer 0r carder, and continues to receive treatment from that
doctor for a period of 60 days without good muse, that doctor will
be deemed {o be the employee's initial choice [28 Adm. C.
§ 128.9(e)(2)I. A doctor salaried by the employer will not constitute
an employee's initial choice [28 Adm. C. § 126.9(c)(1)].
Similarly, a doctor who provides medical treatment to an injured
employee in an emergency situation does not constitute the employ-
ee's initial eh0ice of a treating doctor [28 Adi-n. C. § 128.9(c)(3)].
However, ff the employee returns to a doctor that provided initial
emergency care for add, itional services other than follow-up care for
those em,ergelacy servaces, that doctor will be deemed to be the
employee $ initial choice [28 Adm. C. § 126.9(c)(3)].
· -394-
disease and must result from an accidental injury traceable to a definite time, place and event in course and scope of
employment. Recovery is thrther limited to those cases where the employee's work, rather than the natural progression of
a pro-existing heart condition or disease, was a substantial contributing factor of the attack. Compensability cfa heart attack
must be proved by expert evidence. ,
SUBCHAPTER B. MEDICAL BEN]
Sec. 408.021. ENTITLEMENT TO ~
(a)
(c)
(d)
;FITS
[EDICAL BENEFITS.
An employee who sustains a :ompensable injury Is entitled to all health care reasonably required by the
nature of the injury as and v hen needed. The employee is specifically entitled to health care that:
(1) cures or relieves the ell acta naturally resulting from the compensable injury;
(2) promotes recovery; or
(3) enhances the ability of ~he employee to return to or retain employment.
Medical benefits are payable ~rom the date of the compensable injury.,
Except in an emergency, all health care most he approved or recommended by the employee s treatine doctor.
An insurance carrier's fiablii~y for medical benefits may not be limited or terminated by egree~nent or
settlement.
ED: Note .t?t.. ~ere is a oonfl?t betwean subsecti?n (b). which states that medical benefits are payable from the date of the
eompensaote ~nj my, and Section 401.0~ 1(31 ), which defines a "medical benefit" as including payment for expenses incurred
by the employee for necessary tre. atrae~t received prior to the date the claimant "know or should have known the nature of
the d~sabthty and ~ts relationship to th~amphiymant." As discussed in tho editor's comment to that section this language
appears to mea~.tho date 0f injury. Th~Appeais Panel, assisted by the rules of statutory conetructina, resolved this conflict
in Texas Worker~' Compensation Co~nmission Appeal No. 94991, deoided September 7, 1994, and determined that
employees who sustain occupational disuse injuries may obta n payment for medical treatment related to their compensable
injury provided prior to the date deter0~ined to bo the date of injury of the occupational disease.
Sec. 408.022. SELECTION OF DO( tTOR.
(a) . Except in an emergencg~ the c~ arniasion shall require an em01ovee to receive medical treatment from a doe~
chosen from a Iht of doctors a proved by the commission. A doctor may perform only those procedures that
are within the scope of the prac ice for which the doctor is licensed. The emnlovee is on,fled to the emnlovee's
initial choice of a dottel; from the commlnnlen~s at
(b) If an employee is dissatisfied w th the initial choice of a doctor from the commission's list, the employee may
notify the commission and req~ est authority to select an alternate doctor. The notification mast be in writing
stating the reasons for the cha: Igc, except notification may be by telephone when a medical necessity exists
for immedlate change.
(c) The commission shall prescrJb9 criteria to be used by the commission in granting the employee authority
to select an alternate doctor. 'l~he criteria may Include:
(1) whether treatment by th~ current doctor is medically inappropriate;
(2) the professional reputa~iQn of the doctor;
(3) whether the employee is r~ceivlng appropriate medical care to reach maximum medical improvement;
and
(4) whether a conflict exists between the employee and the doctor to the extent that the doctor-patient
relationship is jeopardized or impaired.
A change of doctor mgy not be ~nade to secure a new impairment rating or medical report.
For purposes of this section, the following is not a selection of an alternate doctor:
(1) a referral made by the doctor' chosen by the employee if the referral is medically reasonable and
necessary;
('2) the receipt of services ancillary to surgery;
(3) the obtaining of a second or subsequent opinion only on the appropriateness of the diagnosis or
treatment;
(d)
(e)
76
LaborCode
-395-
/
(4) the selection of a doctor because the O~iginal doctor:
(A) dies;
(B) retires; or
(C) becomes unavailable or unable to provide medical care to the employee; or
(5) a change of doctors required because Of a change of residence by the employee.
~'ED: F. xcept in an emergency, the employee must chin se a doctor from the approved commission list. If dissatisfied with
initial choice, the employee mUst notify the commissi, ~n and request authority to select an alternate doctor. The 1989 Act
does not define "initial choice," of doctor.,~However, 1~ ule 126.9 provides that this is the "first doctor who provides health
~Ore to an injured employee. '~However~ the Rule also ~ tares that certain first providers d6rnot constitute the "inilial choice"
ofdovtor, including a doctor salaried by the employer, s,d.oetor recommended by the carrier or employer (unless treatment _
continues for over 60 days), and a doctor that provides initial emergency c~re. Note that nothing in the statute provides for
such llmltanons, iN o change or aoctor ~s allowed ti)r th ~ purpose of securing a new impairment rating or medical report, but
is generally allowed for any other reason. See Commissi~ ,n Advisory 2001-01, l'anuary 5,2001, for examples of invalid teas OhS
for reque~qting a change. . i .....
g: refen-al by employee's doctor, ancillary
surgical services, second opinion, new doctor by death, retirement or inability of earlier doctor to txcat, or after
employee change of residence.
Sec. 408.0221. R3EGIONALHEALTHCAREDELI fERYNETWORKS;ADVISORYCONIIVIITTEE.
(a) In this section:
(1) "Advisory committee" means the Heal ;h Care Network Advfaory Committee.
(2) "Regional network" means a regional vorkers' compensation health care delivery network established
by the commission under this section.
(b) The regional networks established under thl: section shall be fee-for-serviee networks designed to improve
the quality and reduce the cost of health ~are with active health core management and monitoring and a full
range of health care services under contract ~ consic~ered feesthle under the feesiblllty study required under
Subsection (d).
(e) The Health Care Network Advisory Commiltee is established to advise the commission on the Implemen-
tution of this section and Section 408.0222. Mpmber~ of the advisory committee ore appointed by the governor
for staggered two-year terms, with the membership as follows:
(1) three employee representatives recom~aended by a recognized statewide labor federation;
(2) three employer representatives;
(3) three ex officio insurance carrier reprpsentatives, with one member representing state agencies, one
(4) three ex officio health care provider r~presentafives;
(5) one ex officio independent actuarial e~pert; and
(6) the commission's medical advisor, wh~shall serve as chair of the advisory committee.
(d) The commission, on behalf of the advisory gommittee established under this section, shall establish and,
through competitive procurement, contract with regional networks for the provision of health care under this
subtitle. The commission shall, through c0~npetitive procurement, contract with one or more entities to
determine the feasibility of, develop, and eyaluate the regional networks established under this section.
Those entities shall also recommend to tile advisory committee appropriate network standards and
application requirements and assist the advisory committee during the procurement process. The provision
of health care under this subtitle, shall not apply to prescription medication or services as defined by Section
401.011(19), Subsection (e), Labor Code.
(e) The advisory committee shall make recomn~endations to the commission regarding:
(1) the development ofthe standards by which health care services are provided through region al networks;
(2) regional network application requirements and fees;
(3) contract proposals;
PER TWCC RULES:
1) Injured employee may be directedlto a doctor who is on location.
2) If an emergency, an employee may go directly to a hospital for emergency care for treatment. He may
follow up with his choice of t~eating physician.
3} If injured employee does not want to wait, the employer may suggest a doctor (injured employee must
be informed that he has the right tO chose' a doctor of his choice). The doctor suggested will become
the injured emplolJee's treatin£ physician onlF if he treats for over 60 dals. The injured employee
may at any time may chose his choice, of treating physician without requesting a change of treating
physician through the Texas kYort~er s Compensation Commissionf-
-396-
40
AGENDA MEMORANDUM
August 26, 2003
SUBJECT: Padre Island Desalination Feasibility Analysis
AGENDA ITEM:
Motion authorizing the City Mandger, or his designee, to execute Amendment No. 2 to the
engineering services contract with Carollo Engineers, P. C., of Phoenix, Arizona, in an.amount not
to exceed $4,038,193.00 for the Padre Island Desalination Facility (Project No. 8423).
FUNDING: Funding is availabl~ from Water Capital Improvement Fund (Commercial
Paper). I
RECOMMENDATION: Staff r(commends approval of the motion as presented.
_~n. g~l R. Escobar, P.E. ' Date "E13~'~rdo-Gara~'~'a?P.E. ~)ate
Director - Engineering Services Director - Water Services
Attachments:
Exhibit A - Additional InfOrmation
Exhibit B - Location Map
Exhibit C - NE Contract ~Summary
H:~HOME~EVIN S\GEI~WATER~OESALINA~Padmlsland~N~dNo2Memo.DOC
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 17, 2002 - Ordinance approving the FY 2002 - 2003 Capital
Improvement Budget (Or~linance No. 05144).
3. December 17, 2002 - M~)tion authorizing the City Manager, or his designee, to
execute an engineedng~ervices contract with Camllo Engineers, ~.C.,-in the
amount of $743,470 for the Padre Island Desalination Facility (M2002-434). .
PRIOR ADMINISTRATIVE AC'I'
1. September 17, 2001 - Di~
(Padre Island Desalinatic
engineering firms (47 loc
2. October 22 2001 - Adde
2001-07 (Padre Island D,
136 engineering firms (4~
ION:
;tdbution of Request For Proposals (RFP) No. 2001-07
Plant Feasibility Analysis and Siting Plant) to 136
31 and 89 out-of-town).
~dum No. I to the Request For Proposals (RFP) No.
;salination Plant Feasibility Analysis and Siting Plant) to
'local and 89 out-of-town).
Apdl 28, 2003 - Amendment No. I setting forth the insurance requirements that
must be maintained by the consultant and all sub-consultants for the duration of
the project.
The proposed amendment provides for Stage 1, Phase 2 Basic Services, limited Stage 2
Basic Services and Additional Services. This permits the project to proceed with work
elements that need to be undertaken at this time, but not the full design phases of those
work elements that have not been fully defined and validated. The work program for this
amendment allows the project to proceed in accordance with the project schedUle, while
minimizing work on any alternative that< the City may not elect to proceed to a
demonstration or pilot facility level.
This approach will require future Council approval of:
· An NE amendment for Stage 2 design services for demonstration and pilot
facilities;
· A construction contract tO complete the demonstration project as required
· Approval for additional design and construction contracts for the Full Production
Project.
PROJECT BACKGROUND:
WATER SOURCES:
The City of Corpus Christi supplies all ddnking 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
IEXHIBIT "A" I
Page 1 of 3
H:~lOME~KEVlNS\GEN~WATER~DESALINA~PadrelslandV~md2BackgroundExhA-doc
the Inter-coastal Waterway. In an effort to secure altemative soumes ofwater 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 waterlutilizing brackish groundwater supplemented by seawater.
PROJECT DESCRIPTION:
The contract was originally developed to allow the City to progress in a phased program.
This work program permitted the project to proceed expeditiously, while ensuring that work
did not proceed on various alte~'natives until those options had proven to be technically
feasible and the most desirable option. The contract includes work elements that will be
beneficial to the entire City as Well as the Padre Island Desalination project. These work
elements are:
· Water Demand Growth/~nalysis;
· Alternative Water Supply Identification and Evaluation;
· Public Private Partnership Evaluations;
· Improvements to the Padre Island Pump Station.
This project is scheduled to pro~/ide reliable water service from demonstration facilities 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;
· evaluate alternative watdr supplies;
· supplement existing watbr service td North Padre and Mustang Islands;
· allow possible defermen~ of other water supply projects for this service area.
Improving the water supply to North Padrelsland by the end of 2005 will require that the
project proceed into a system demonstration project as early as possible. To realize this
goal, this contract provides for the completion of:
· project validation studies. (hydrological test wells, disposal wells, aquifer storage &
recovery, etc.);
· initial pre-design phase improvements to the Padre Island Pump Stations;
· pre-design services for the initial Aquifer Storage and Recovery (ASR) production
facilities;
· design of Reverse Osmosis (RO) facilities pilot plant protocol; and
· validation and permitting.
Work will begin on the design and construction of a demonstration project uPon the
concurrence and acceptance Of the findings and recommendations of the Assessment
Phase of the Project. The Demonstration Project will include:
· A Reverse Osmosis Plant (pending evaluation of other water supply altematives for
the North Padre Island service area);
· StorageAIternatives; and,
· Connection to the City's Distributior~ System
This Demonstration Project will provide:
a. Initial operating information for the City and regulatory agencies; and,
i EXHIBIT "A"
Page 2 of 3
H:\HOM E1KEVINS\GEN\WATER\DESALINA\Padreisland~Amd2BackgroundExhA.doc
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 Assessmenl
2. Demonstration; and
3. Full Production Project
is in direct response to gaining r
North Padre Island. The planl
evaluation, while minimizing ex!
CONTRACT/FEE SUMMARY:
The total fee for the contract
$1,953,049 and additional serv
.~gulatory acceptance while still improving, water service to
~ed staging and phasing will maximize project feasibility
)ense.
A contract summary and fee/i~ attached as Exhibit "C".
~mendment consists of bas'~ services in the amount of
ces in the amount of $2,005,141.
A significant portion of the ad~ditional service fee is not normally part of engineering
contracts. Evaluation and validations of hydrogeology for reverse osmosis and aquifer
storage and recharge is high!y specialized. Very few drilling firms in Texas have
experience with the requirements associated with such validations studies. It was
determined that close supervision of drilling companies and selection of the drilling
companies based on qualifications warranted their inclusion in the engineering contract.
This work includes specialized field validation by installation of test wells for reverse
osmosis source water and for aquifer storage recovery facilities. Other significant
Additional services include:
· gulf disposal validation;
· permitting;
· facility land acquisition and topographic surveys; and
· initial ASR production facilities.
H:~HOME~KEVINS\GEN\WATER~DESALINA~RadrelslandVkmd2BackgroundExhA.doc
I EXHIBIT "A"
Page 3 of 3
File : \Mproiect\councilexhibits\exh/5122-$2!O, dw~t
I '
4
CITY PROJECT NO. 3230
LOCATION MAP
NOT TO SCALE
PADBE ISLAND DESALINATION
FEASIBILITY ANALYSIS
CITY OF CORPUS CHRISTIl TEXAS
EXHSBI T "B"
CSTY COUNCIL EXHIBIT ~
~P~E~ OF ~GINE~G SERVICES
PAGE: I of I
___--~'--
DA~: 08-21-2003 ~
CONTRACT SUMMARY
Padre Island Desalination Plant Feasibility Analysis and Siting Plan
City of Corpus Christi, Texas
Project No. 8423
I. BACKGROUND ANDOBJI
Carollo Engineers submitted the
Memorandum (June 2003) summ~
Desalination Plant Feasibility Anal3
implementation of a 3.0-mgd capa,
(ASR) and a 1.0-mgd reverse os~
preferred source of feed water for t
also included by-product dispos~
improvements to the existing Padre
the proposed ASR facilities. The F
sized for future expansion up to 5.(
:.CTIVES
Final Engineering and Permitting Assessment Technical
~dzing the findings of Stage 1, Phase I of the Padre Island
sis and Siting Plan. The Phase 1 Assessment recommended
:ity project, including 2.0 mgd of aquifer stoCage and recovery
nosis (RO) facility, with the Chicot Aquifer identified as the
~e RO facility and ASR target zone. The recommended projec(
I via deep-well injection into the Evangeline Aquifer, and
Island Pump Station to optimize its conjunctive operation with
O building, 'yard piping, and other ancillary facilities are to be
~ mgd of RQ capacity.
Other recommendations resulting yom the Phase
Assessment
include:
· Additional hydrogeologic evaluations and testing to validate and refine the data used in the
Phase I Assessment.
· Water quality sampling to validate and refine the data used in the Phase I Assessment.
growth projections, facility stting, and water supply alternatives for the project service area.
· Services in support of the above activities, including permitting and public involvement.
The scope of work included in this Amendment implements the recommendations from the Phase 1
Assessment. A key aspect of the Pttase I recommendations is to continue the deliberative decision-
making process. Therefore, these Services have been configured to provide the City with continued
decision-making flexibility. SpecifiCally, the scope of work anticipates updates to City Council and
request for council action at the following project milestones:
· Fourth Quarter 2003: Recapitulation of ASR and RO feasibility following completion of the
hydrogeologic and water quality validation, and recommendation whether to proCeed with
further work on ASR and RO.
· March 2004: Prelimina~J results of the water supply alternatives study for comparison with
the proposed RO facility, and recommendation whether to proceed with an RO pilot study.
June 2004: Presentation of findings and~recommendations regarding long-term water supply
alternatives for the project service area', and decision whether to proceed with l-regal RO
facilities.
Exhibit C
Page I of 8
The following list provides a summary account of project deliverables under the City-authorized
services of Stage 1, Phase 2. Additional project deliverables associated with design, bidding, and
construction phase services will bel negotiated upon completion of Stage 1, Phase 2.
· PROJECT VALIDATION REPORT. The Project Validation Report will have the following
Sections:
- Results of the geotechnic~l test p~3gram and water quality analyses
- Validated pre-design and (~ost estimates for ASR facilities, RO source well, RO production
facilities, and RO infrastructure facilities
- Final siting evaluation ~
- Results of projected population and water demand growth analysis
- Legal assessment of publlc-pdvate partnemhips; and
- Validation of permitting re~quirements for the intended project.
MODEL'of the existing distribution system within the study aroa
HYDRAULIC
· WATER SUPPLY ALTERNATIVES ASSESSMENT REPORT
· RECOMMENDED PUMP STATION IMPROVEMENTS DESIGN MEMORANDUM
III. STAGE 2 BASIC SERVICES
A. INITIAL 2.0-MGD ASR PRODUCTION FACILITIES 1) Pro-Design Phase - ASR Production Facilities
2) Design Phase - ASR Production Facilities
3) Bid Phase - ASR PrOduction Facilities
4) Construction Phase: ASR Production Facilities
B. INITIAL RO PRODUCTION FACILITIES SOURCE WELL
1) Pre-Design Phase - RO Source Water Well
2) Design Phase - RO Source Water Well
3) Bid Phase - RO Source Water Well
4) Construction Phase - RO Source Water Well
C. DESIGN OF RO PILOT FACILITIES
D. DESIGN OF INITIAL RO PRODUCTION FACILITIES
1) Pro-Design Phase - RO Production Facilities
2) Design Phase - RO Production Facilities
;
Exhibit C I
Page 2 of 8
3) Bid Phase - RO Production Facilities
4) Construction Phase -RO Production Facilities
IV. STAGE 1, PHASE 2 ADDITIONAL SERVICES
^. VALIDATION STUDIES
1 ) Soume Water Validation
2) Deep-Well Injection Validation.
3) Gulf Disposal Validation.
B. PERMI'I-I'ING
1 ) Validation of Permitting Requirements
2)
3)
4)
5)
6)
7)
8)
Permitting of Hydrogeologic Bodngs
Preparation of Environmental Documents.
Provide for follow-up meetings with regulatory agencies to define the type and degree
of supporting documentation necessary for obtaining the required permits.
Water Supply Alternatives Evaluation.
Permitting of Pump Station Improvements
Permitting of Initial ASR wells and Infrastructure
Permitting of RO Facilities
C. FOLLOW-UP EVALUATIONS TO STAGE 1, PHASE 1: ASSESSMENT PHASE
1) Develop project financing alternatives in conjunction with the legal assessment of
public-private partnerShips.
2) Pursue alternate project funding as directed by the City.
D. FACILITIES LAND ACQUISITION AND TOPOGRAPHIC SURVEYS
1) Right-of-Way (ROW) Acquisition Survey.
2) Topographic Survey.
PUBLIC INVOLVEMENT
1) Public Outreach in SUpport of the Validated Project
2)
3)
4)
Public Involvement in Support of Water Supply Alternatives Assessment
NOTE: This section not used Intentionally.
General Public Involvement Services
Exhibit C
Page 3 of 8 I
STAGE 2 ADDITIONAL SERVICES
A. INITIAL ASR PRODUCTION FACILITIES
1) Construction Observation Services.
2) Start-up Services.
3) Conduct baseline hydraulic testing of the completed well and wellhead facilities and a
baseline hydraulic teslting report.
4) Conduct an ASR cycl~ testing program with the constructed wellhead facilities.
5) Warranty Phase. ,
6) Provide SCADA DocL~mentation.
PROJECT SCHEDULE ON FOLLOWING PAGES
Exhibit C
Page 4 of 8
PROJECT SCHEDULE:
DAY DATE ACTIVITY
August 20, 2003 Notice to Proceed
December 31, 21~03 Complete Service Area Hydraulic Model
April 7, 2004 ~ Submit Water Supply Alternatives Evaluation Report
Padre Island Pump Station Improvements
February 25, 2004 30% Submittal Pro-Design
October 6, 2004 Final Submittal
December 30, 2004 Begin Construction
Mamh 23, 2005 ' Construction Complete, Begin Warranty Phase
April 14, 2004 Submit Project Validation Report
April 15, 2004 Present findings of Project Validation to Council
Initial ASR Facilities
December 22, 2004 Final Submittal
March 17, 2005 Begin Construction
August 31, 2005 Construction Complete, Begin Warranty Phase
March 15, 2006 End Cycle Testing Program
Initial RO Soume Water Well
July 8, 2004 30% Submittal Pre-Design
October 28, 2004 Frinal Submittal ~'
January 21, 2005 Begin construction
July 7, 2005 construction complete, Begin Warranty Phase
May 13, 2004 Submit Final RO Pilot Plant Protocol and Design
June 22, 2004 June Council Presentation
October 28, 2004 Submit RO Pilot Plant Report
Exhibit C
Page 5 of 8
Initial RO Production Facilities
September 30, 2 :)04 30% Submittal Pre-Design
February 18, 20( 5 Begin Construction
August 4, 2005 Construction Complete, Begin Warranty Phase
FEE SUMMARY ON FOLLOWING PAGES
Exhibit C
Page 6 of 8 1
FEES:
Summary of Fees
Original Contract & Amendment No. 1 (Stage 1, Phase 1) $743,470
Amendment No. 2
I. Stage 1, Phase 2 Basic Services
A. Validation Studies $183,082
B. Projected Population and Water Demand Growth Analysis $ 68,269
C. Legal Assessment of PPPs $ 53,576
D. Project Validation Report $129,007
E. Service Aroa Distribution System Hydraulic Modeling $109, 458
F. Water Supply Alternatives Identification and Evaluation $ 279,650
G. Not Used Intentionally
H. General Project Management (through 6/30/04) $ 272,894
I. Padre Island Pump Station Improvements - Pre-Design Phase $73,170
II. Stage 2 Basic Services
A. Improvements to Pump Station (Design, Bid, Construction) TBD
B. Initial 2.0-mgd ASR Production Facilities
1 ) Pro-Design Phase $ 381,026
2) Design, Bid, and Construction Phases $ 346,420
C. P,O Facilities Source Water Well (Design, Bid, Construction) TBD
E). Design of RO Pilot Facilities and Pilot Plant Protocol $ 56,500
E. Initial RO Production Facilities (Design, Bid, Construction) TBD
F. RO By-Product Disposal Facilities (Design, Bid, Construction) TBD
G. RO Infrastructure Facilities (Design; Bid, Construction) TBD
H. General Project Management (7/1/04 through 12/31/05) TBD
Stage 2 Basic Services Subtotal $ 783,946
III. Stage 1, Phase 2 Additional Services (ALLOWANCE)
Exhibit C
Page 7 of 8
A. Validation Studies
1 ) Source Water Vali{Jation $ 335,607
2) Deep-Well Injection Validation TBD
3) Gulf Disposal Validation $ 42,787
B. Permitting $1,025,682
C. Follow-up Evaluations to Stage 1, Phase 1 $ 59,901
D. Facilities Land Acquis tion and Topographic Surveys ~ $ 29,360
E. Public Involvement (Allowance through 6/30/04) $110,006:
Stage '1, Phase 2 Additional Services Subtotal $1,603,337
IV. Stage 2 Additional Services (ALLOWANCE)
A. Improvements to Padl'e Island Pump Station TBD
B. Initial ASR Productior~ Facilities $ 481,804
C. Initial RO Production Facilities Source Water Well TBD
D. Conduct RO Pilot Plant Study TBD
E. Initial RO Production Facilities TBD
F. Initial RO Production Facilities By-Product Disposal Well TBD
G. RO Infrastructure FaCilities TBD
H. Public Involvement (Allowance from 7/1/04 through 12/31/05) TBD
Stage 2 Additional Services Subtotal $ 481,804
Amendment No. 2 Total Fee $ 4,038,193
Total Fee $4,781,663
Exhibit C
Page 8 of 8
41
AGENDA MEMORANDUM
i August 26, 2003
SUBJECT: Seawall Reconstn
(Project #3230)
AGENDA ITEM:
a. Motion authorizing the City
contract with Laughlin Env
$4,219,200.00 for the Seaw~
Street T-Head and Coopers
b. Motion authorizing the City
materials testing and inspec
exceed $37,240.00 for the
Lawrence Street T-Head an~
Motion authorizing the City IV
the engineering services cc
amount not to exceed $1,95(
and post construction under
FUNDING: Funding is available
~ction Project - Contract B-2, Part A
Manager, or his designee, to execute~ a censtruction
mnmental, Inc. of Houston, Texas, in the amount of.
[11 Reconstruction Project Contract B-2, Part A, Lawrence
Alley L-Head Repairs.
Manager, or his designee, to execute an engineering
:ion contract with Fugro South, Inc., in an amount not to
Seawall Reconstruction Project Contract B-2, Part A,
Coopers Alley L-Head Repairs.
anager, or his designee, to execute Amendment No. 14 to
ntract with Shiner Moseley and Associates, Inc., in an
~,000.00 for design of Seawall Contract C (Marina Reach)
rater survey services for Contract B-2. '
from the Seawall Capital Improvement Fund.
RECOMMENDATION: Staff r~commends approval of the motion as presented.
~t~g~ R.'Escobar, P.E. i Date
Director- Engineering Servicesi
Attachments:
Exhibit A - Additional InfOrmation
Exhibit B - Preliminary BBdget
Exhibit C - Location Mapl
Exhibit D - Bid Tabulation
Exhibit E - NE Contract~ummary
H :~HOME~,EVINS\GEN~SEAWALL~B2\Pa r tA(T&LHea d s)~Awd Memo.doc
ADDITIONAL INFORMATION
PRIOR ACTIONS:
This~project has involved a number of complex actions. The most significant Council and
administrative actions are attached. See Exhibit A-1.
FUTURE COUNCIL ACTION:
Award of engineering, geotechr
· Seawall Reconstructi,
· Seawall Reconstructi,
· Seawall Reconstructi,
BACKGROUND:
The Bayfront Protection StructL
those improvements and their c
PROGRAM SCOPE: The progr;
structure, portions of the existin(.
New steel sheet piling, concrete
will be completed. The areas t¢
issue. Approximately 3,000 line
ical, materials testing and construction contracts for:
)n Contract B-2, Part B (Power Street to Peop es Street);
)n Contract C (Peoples Street to Coliseum); and
)n Contract D (Coliseum to Holiday Inn).
~res include a number of improvements. A summary of
3ndition is attached. See Exhibit A-2.
~m provides for the removal and disposal of timber mooring
, bulkhead and miscellaneous timber piles and gangways.
cap, new sidewalks, and refurbishment of parking areas
be repaired were not included as part of the 1986 Bond
ar feet of sheet piling will be replaced.
PROJECT SCHEDULE: The c( ntract reauires that work be completed within 270 calendar
summer of 2004.
BIDS: The City received and publicly opened four bids on Wednesday, July 23, 2003.
See Exhibit D. The project wa~bid as a total base bid. The base bids ranged from a Iow
bid of $4,219,200.00 to $6,039i748.00. Laughlin Environmental, Inc. (Houston, Texas)
submitted the Iow bid.
CONTRACTOR EVALUATION: Laughlin Environmental submitted pro-award evaluation
materials to Shiner Moseley. The firm was founded in 1979 and has been under the current
management since that time. Laughlin is the contractor for the Pilot and Contract B-1
project that is currently under construction. They are experienced with projects of this size.
Shiner Moseley reviewed their p~-oject experience and references, and recommends award
to Laughlin Environmental.
MATERIALS TESTING: The iproject requires inspection and laboratory testing of
construction materials to be us~ed on the project to ensure compliance with plans and
specifications. Fugro South was deemed the most qualified to perform these services
based on their familiaritywith the project. They have worked with Shiner Moseley on other
projects including the geotechniCal studies used during the design phase. The contract is
based on a not to exceed fee. Fugro South will be paid only for the actual inspection
services and laboratory tests performed.
H:~'IOME~KEVINS\GEN~SEAWALL~B2~PartA(T&LHeads)V'CffAwd.BKGExhA.doc
Exhibit A
Page I of 2
ENGINEERING CONTRACT: The contract provides for the design,
phase services for Seawall Rec(
of this section is estimated to be
for underwater inspection as p;
inspection is being self perform(
Underwater inspections by the
additional effort and increased
underwater inspection can be b(
Shiner Moseley. The portion ol
Preliminary Budget. A contract
RECOMMENDATION: Appmw
bid and construction
,nstruction Contract C (Marina Reach). The construction
in excess of $14,000,000. The amendment also provides
~rt of the construction phase services. The underwater
d by the contractor on the Pilot and Contract B-1 project.
contractor have been satisfactory, but it has required
coordination by the consultant. Review indicates that
st addressed as part of the construction phase services by
the fee related Contract B-2, Part A is indicated on the
summary is attached. See Exhibit E.
~1 of the motions as presented,
H:~HOME~KEVINS\GEN~SEAWALL~B2~PartA(T&LHeads )V~CtrAwd,BKGExhA.doc
Exhibit A
Page 2 of 2
PRIOR ACTIONS
PRIOR COUNCIL ACTIONS:
1. November 25, 1997 - Approva
347);
2. March 24, 1998-
· Motion authorizing the ex{
Construction Co. for Seaw;
· Motion to authorize award
Shiner Moseley and Assoc
· Motion to authorize exe
Petrography Services re
Engineering, Inc. for a fee ~
· Motion to authorize ex~
Investigation Services for t
for a fee not to exceed $86
3. May 29, 2001 -
of seawall investigation and use of Gateway proceeds (M97-
,cution of a contract in the amount of $36,804 with Bracco
II Inspection at Panels 205 and 206 (M98-084);
of a seawall condition assessment in amount of $386;000 to
ates, Inc. (M98-085);
;ution of a Contract for Geotechnical, Laboratory, and
ated to the Seawall Investigation Project with Bacon
~ot to exceed $49,000 (M98-086); and
~cution of a Contract for Non-Destructive/Non-lnvasive
le Seawall Investigation Project with W. G. Jaques Company
210 (M98-087).
· Motion authorizing the CitYlManager, or his designee, to execute Amendment No. 5 for
engineering services in thg amount of $581,000 with Shiner Moseley and Associates,
Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 !(M2001-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical and
materi~ s tes~ino contract i~n an ~mount not to exceed $79.602 with Fu.qro South, Inc.
and Seawall Reconstruction1 Project B-1 (M2001-209).
4. January 15, 2002 - Motion ~uthorizing the City Manager, or his designee, to execute
Amendment No. 6 for enginee~ring services in the amount of $87,700 with Shiner Moseley
and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 (M2002-022).
5. Apdl 30, 2002
· Motion authorizing the City Manager, or his designee, to execute a construction contract
in the amount of $6,127~099.50 with Laughlin Environmental, Inc. for the Seawall
Reconstruction Project Pilol Program and Contract B-1 (M2002-123).
· Motion authorizing the City Manager, or his designee, to execute an engineering
materials and construction contract with Fugro South in an amount not to ~exceed
$49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-
124 ).
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with
Shiner Moseley and AsSociates, Inb. in the amount of $127,100 for additional
construction inspection and management services contract for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-125).
6. October 29, 2002
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in
the amount of $2,214,900 With Shiner Moseley and Associates, Inc. for the Seawall
Reconstruction Project B-2 (Part A and Part B) - (M2002-360).
· Motion authorizing the City Manager, or his designee, to execute a geotechnical services
contract in an amount not tO exceed $126,820 with Fugro South, Inc (M2002-361).
7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 9 to an engineering contract with Shiner Moseley & Associates, Inc. of
'' I ExhibitA.1 1
Page 1 of 2
H:~HOME~KEVINS\GEN\SEAWALL~B2~PartA(T&LHeads )~AwdPriorAcfions ExhA1 .doc
Corpus Christi, Texas in the an
Drainage Structure Condition A
8. March 4, 2003 - Motion authori
Amendment No. 11 to an engir
Corpus Christi, Texas in the an
construction administration for:
· Repair of Blucher Arroyo ~
· Modification of the Seawal
Collection, Drainage and (;
· Modifications to the Seaw;
(M2003-091).
9. June 24, 2003 - Motion authori
Amendment No. 12 to an engir
Corpus Christi, Texas in the ar
Lines Condition Assessment ~
PRIOR ADMINISTRATIVE ACTIC
1. June 8, 1998 - Award of Am
Bacon Engineering, Inc. for G
the Seawall Investigation ProjE
2. February 11, 1999 -Award of~
of $14,350 of seawall conditior
Inc.;
3. Auqust 26, 1999 - Award of Ar
in amount of $-0- (change of
Moseley and Associates, Inc.;
4. December 8, 1999 - Award
Foundation and Railroad c,
assessment contract with Shin
~ount of $84,748 for the Blucher Arroyo Storm Water
ssessment (M2002-383).
:lng the City Manager, or his designee, to execute
eering contract with Shiner Moseley & Associates, Inc. of
~ount of $140,400 for the design, negotiation, and
torm Water Drainage Structure,
Area, Sidewalk and Curb Re-grading, Storm Water
~utfall for the Seawall Pilot and Contract B-1; and
dl Area Storm Water Outfall System at McGee Beach
,_lng the City Manager, or his designee, to e)r, ecute.
eering contract with Shiner Moseley & Associates, Inc. of
~ount of $158,154 for Storm Water Collection and Outfall
2OO3-227).
NS:
.~ndment No. 1 (additional testing) in amount of $13,470 to
.~otechnical, Laboratory, and Petrography Services related to
ct;
u-nendment No. 1 (Backwater Levee Gate Report) in amount
assessment contract with Shiner Moseley and Associates,
~endment No. 2 (Design of Backwater Levee Gate Structures)
scope) of seawall condition assessment contract with Shiner
of Amendment No. 3 (Backwater Levee Gate Structures
)ordination) in amount of $14,350 of seawall condition
9r Moseley and Associates, Inc.; and
5. March 27, 2000 - Award Amendment No. 4'(Backwater Levee Gate Structures
Construction Phase) in amou ~t of $13,330 of seawall condition assessment contract with
Shiner Moseley and Associate
6. December 12, 2002 - Award c
Existing Pile Cap) in amounl
Shiner Moseley and Associate
7. July 3, 2003 - Award of Art
control) in amount of $24,950
and Associates, Inc.
Inc.
r Amendment No. 10 (Connection Capacity between New and
of $13,000 of seawall condition assessment contract with
s, Inc.
;ndment No. i3 (storm water condition assessment traffic
~f seawall condition assessment contract with Shiner Moseley
H:~HOME~KEVINS\GEN\SEAWALL\B2~PartA~&LHeads)~AwdpriorActionsExhA1 .doc
I Exhibit A-I
Page 2 of 2
BAYFRONT PR( 'TECTION & CONDITION ASSESSMENT
BAYFRONT PROTECTION ST
Construction of the Bayfront Pr~
portion of these structures is th~
the Bayfront Protection Structu
includes the L and T-heads, br,
Harbor Bridge.
~,UCTURES:
)tection Structures began in 1939. The most identifiable
~ concrete steps and apron panels (sidewalk). However,
res and other seawall or bulkhead type structures also
;akwaters, riprap, and the earthen levy extending to the
The structures incorporated intq the Bayfront Protection include:
1. Vertical Bulkheads consisting of steel sheet pile main wall with reinforced
concrete caps;
2. Sloped Slabs on Grade with shallow steel sheet piles 13cut-offE] wall at the
lower edge;
3. Stepped Seawall Sections which are timber pile supported reinforced
concrete beam-arid-slab structures with four transverse beams extending
from a top Iongiludinal girder (head beam) to a bottom steel sheet
pile/concrete cap(beam).
The seawall section beams are supported on creosote treated timber foundation piles
with the top surface of the slab being formed into steps conforming to the slope of the
seawall. Each section is headed at the top with a longitudinal beam for the full length
steel sheet pile wall. See Exhibit B-2. Three different ~lesigns of these sections were
used with a fourth modification Without steps used at two locations.
Additionally, two large pressurei discharge storm drains are installed through the seawall
that are of a significant size that the integrity of the line upstream is :a major
consideration during storm tides. Storm Drain Sluice Gates also are installed through
the seawall. Weepholes (filtered relief ports) were also installed in each section of the
seawall to help alleviate excessive hydrostatic pressure behind the steel sheet piling.
CONDITION ASSESSMENTS:
The more recent condition assessments of the Seawall include:
1. November, 1980 - A Study of the Structural Integrity of the Peoples Street
T-Head, Includingi the Necessity, if any, for Piling. Ogietree & Gunn, Inc.;
2. October, 1981 - Engineering Study & Recommendation for L-Head and T-
Head and BreakWater Improvements. Goldston Engineering;
3. July, 1985 - Report on Condition Survey & Inspection of the Corpus Christi
Seawall. Ogletree, Byrne, Welsh & Hubner Engineering; and
4. June, 1987 - Preliminary Review for the Proposed Improvements to Barge
Dock & Water CirCulation Tunnels. Ogletree Engineering, Inc.
5. November, 1999 - Seawall Investigation Project Final Report. Shiner
Moseley and Asseciates, Inc.
Exhibit A-2
Page 1 of 2 I
H:\HOME~KEVINS\GEN\SEAWALL~B2~ParIAOT&LHeads)V'CtrAWDConditionExhA2.doc
The most recent study by Shin(
pile condition or capacity asses
reinforcing steel, concrete pet
assessment of anchor rod and 1
destructive investigation tecl
petrography is the process
determine/verify the original
physical concrete properties.)
representative sidewalk panel
further investigation based up
under the apron panels (panels
r Moseley included geotechnical testing and analysis, a
;ment, concrete compression testing, laboratory tests of
'ography, inspection and assessment of timber piles,
umbuckle conditions, void detection, or use of new non-
~niques (Ground Penetrating Radar). (Concrete
,f conducting tests on concrete samples (cores) to
oncrete mix design, water/cement ratios, and other
\dditionally, it was determined that an investigation of
would be beneficial. Two panels were selected for
)n visual inspection of cracking patterns and voiding
2O5 & 206). ~
ASSESSMENT FINDINGS:
The structure is over 60 years old. Marine structures of this type are typically designed
with a much shorter life and ~equire major maintenance after 30 to 40 years. The
seawall has performed very well, but has received only the most minimal maintenance.
Key findings were:
1. the overall pretec
ensure its continu.
2. soil has been lost
3. the rear timber pi
to half the pile di~
row of pilings;
:ion system is intact, but is in need of reconstruction to
~d viability;
under the seawall creating voids along its entire length;
es examined were decayed from fungus attack with up
~meter lost,, and madne borers have damaged the front
concrete was foUpd to be of a very high quality, but corrosive salts are
penetrating through the concrete;
reinforcing steel is not yet experiencing general corrosion, but where
cracks allowed sE awater to penetrate to the steel there was limited areas
of significant corr( .sion;
there are noticea[ 4y large cracks in almost all of the 40-foot long:concrete
panels that make ap the seawall which appeared to have originated due to
temperature short iy after construction; and
sheet pilings that is supposed to seal and support the front of the seawall
were found to b~; deteriorated which weaken the wall and allow sand
under the seawall and sidewalk to leak out.
H:\HOME~KEVINS\GEN~SEAWALL\B2~PartA(T&LHeads)V'CtrAWDCondition ExhA2-doc
IExhibit A-2
Page 2 of 2
Seawall Recon
Lawrence SI
struction Project - Contract B-2, Part A
reet T-Head & Coopers Alley L-Head
(Project #3230)
Pieliminary Project Budget
August 26, 2003
FUNDS AVAILABLE:
Seawall CIP Funds ~ 5,392,180.00
Total * 5,392,180~00
FUNDS RECIUIRED:
Construction Contract ~ 4,219,200.00
Project Contingency (8%) 337,540.00
QA/QC Testing Contract 37,240.00
Engineering Design/Permit
Amendment No. 8 ContracI B-2, Part A (Prorata) 657,200.00
(Prorata)
Engineering Total 709,200.00
Construction Inspection (in A/E contract) 0.00
Survey (in A/E contract) 0.00
Engineering Project Liaison 65,000.00
Incidental Expenses (Printing,I Advertising, etc.) 24,000.00
Total 5,392,'t80.00
H:~-IOME~KEVINS\GEN\SEAWALL~B2~PartA~&LHeads)~,wdBudgetExhB,wpd
Exhibit B
Page 1 of 1
ile : \Mpro~ect\councilexhibits\exh$230. dw~
NUECES BAY
PROJECT
LOCATION
N
AGNES
CORPUS CHRISP BAY
LOCATION MAP
NOT TO SCALE
PROJECT EXTENT~.
PEOPLE'S STREET
T-HEAD
CITY PROJECT No. 3230
SEAWALL RECONSTRUCTION PRO~
PART A, LAWRENCE ST. T-HEA
L-HEAD REPA;
CITY OF CORPUS CHRIS
SITE MAP
NOT TO SCALE
tECT CONTRACT B-2,
& COOPERS ALLEY
'RS
ri, TEXAS
EXHIBIT "C"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 08-26-2003
TABULATIO '3FBIDS
DEPARTMENT OF ENGINEERING - ( Y OF CORPUS CHRISTI, TEXAS
TABULATED BY: SHINER MOSELEY AND ASSOCIATES, INC.
DATE: JULY 23, 2003 TIME OF COMPLE ')N: 270 DAYS
L-HEAD/F-BEAD REPAIRS
Pro wNo. 3230
ITEM DESCRIPTION QTY. UNIT
Y
1320 Boyle-
Houston, Tex
UNIT
PRICE
1
Provide all labor, material, equipment, bonds,
1
Ls
4,098,000
UNIT
inevr d em
e , anall other it. necessary to
UNIT
AMOUNT
PRICE
complete the work described in the plane and
PRICE
PRICE
specifications to,
4,294,100
4,294,100
4,328,354
4,328,354
excavate all material from mudline to elev. -5.0'
5,80],123
from the face of and out five feet from the
existing sheet pile between Station. 0.04 to
1.04;
Remove and dispose of miscellaneous other debris
encountered that is not listed a. another bid
item;
Construct new steel sheet pile wall;
Dowel into existing c rete cap;
Place concrete infill between existing and new
.reel sheet piles;
Construct reinforced concrete pile cap;
Install poet and cable system;
Apply new etripin,;
Provide for temporary access and utilities at
Piers 'C', 'D', and 'R';
Demolish and dispose of concrete Sidewalk,
concrete cap, portion of atieting timber, covered
moorings facility, concrete pier, concrete slab.,
bollards, cleats and base., and timber fenders;
Inetall new water distribution lines and
electrical service lines;
Remove and reattach aluainun gangways;
Remove end reconstruct portions of existing
timber piers;
Remove and replace asphalt pavement;
Implement traffic control;
And all other Stamg required to complete the work
described is the plans and epeciflcatiw.,
H:\HOMEIKEVINS\GEMSEAWALL\B2\Part (TBLHeads)l4 BidTabExhO.w d
PAGEIOF2
ENGINEER'S ESTIMATE: 54,945,616
:-LW -
rect
7020
Onen C.emnosten,-LR -
12550 Fuqua
Houston, Texas, 77034
_.. WeG'mup' `m.
P.O. BOX 200350
San Antonio, Texas 78220
P.O. BOX 5386
Bea;m;ont, Texas 77726
-OUNT
UNIT
AMOUNT
UNIT
AMOUNT
UNIT
AMOUNT
PRICE
PRICE
PRICE
98,000
4,294,100
4,294,100
4,328,354
4,328,354
5,807,123
5,80],123
Exhibit D
Page 1 of 2
TABULATION OF BODS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: SHINER MOSELEY AND ASSOCIATES, INC.
DATE: JULY 23, 2003 TIME OF COMPLETION: 270 DAYS
PAGE20F2
ENGINEER'S ESTIMATE: 54,945,616
cpawan RECONSronrTtnvonn ErT__. _.
L-HEADIT-BEAD REPAIRS
I'mint No. 3230
ITEM DESCRIPTION QTY. UNIT
yssenLtd.
1320 Boyles S,,,et
Houston, Texas 7020
UNIT AMOUNT
PRICE
12550 Fuqua
Houston, Texas 77034
assessessessessearee
UNIT AMOUNT
PRICK
P.O. BOX 200350
San Antonio, Term 78220
UNI' AMOUNT
PRICE
P.O. BOX 5386
Beau n9 nt, Texas 77726
UNIT AMOUNT
PRICE
2
Provide and compact coarse granular backfill in
1000
CY
60
60,000
sees
30
30,000
40
40,000
25
25,000
wide (below elay. +2.5l) under new sidewalk,
complete in place per cwhic Yard.
3
Provide and compact select £111 under new
Sao
CY
40
20,000
15
7,500
35
17,500
20
10,000
sidewalk, complete in place per Cubic Yard.
4
Sterrett and return to Owner existing timber
45
PA
600
21,000
250
11,250
540
24,300
325
14,625
Piling seaward of existing bulkhead, ecmplece,
delivered to designated locations per Eaoh.
5
Extract and dispose of additional miscellaneous
50
Tone
30
1,500
750
37,500
245
12,250
3000
150,000
debris, that will not allow for the advancement.
of steel sheet piles, frau the face of and out
five feet from the existing sheet pile at
locations directed by the Engineer, per Ten.
6
Removal of debris, that will not ellow for the
150
CY
24
3,600
250
37,500
96
14,400
100
15,000
advancement Of steel sheet pile, from the face of
and out fivm feet fres clam existing sheet pile
between Stations 0404 to 1404 below elevation -
5.01 on Compere Alley L -Head, per cubic Yard.
K.
7
extract and dispose of additional existing
30
Isle
300
9,000
500
15,000
965
26,950
500
15,000
submerged timber piling as directed by the
Engineer, per Each.
8
Tranch safety for Excavations, complete in place
100
u
1
100
5
Soo
12
1,200
30
3,000
per Linear Foot.
Total (Item. 1-8)
4,219,200
4,433,350
4,466,954
6,039,748
H:WOME\KEVINS\GEMSEAWA S2\PartA(TBLHeads)AwdBldiabExhD.wpd
Exhibit D
Page 2 of 2
~AONTRACT SUMMARY
MENDMENT NO. 14
1. SCOPE OF PROJECT -
The project will involve the fourth ~3nstruction contract of the Seawall Reconstruction Program.
This project (Contract C) will begir~ at the Peoples Street T-Head working toward the south, and
end at the entrance to the Marina I~reakwater near Park Avenue.
Contract C will involve approxima
stem of the Peoples Street T-Heal
similar techniques and methods
construction (contract B-l). The (
$14,500,000.
BASIC SERVICES -
· Design of new front and f
(concrete pile caps) to the
new walls has been collect
done in the investigation p
The new sheet piles will
superstructure (future), for
Also included in Contract C
· Design of repairs for existir
· Design of spall repair techr
· Design of crack repair tech
· Specification of void filing t
· Design of a hydrostatic
· ~pecitication prepa~auon
the existing concrete surfa~
· Development of a traffic ar
structure will be the respor
· Design of a new apron an(
pattern and use of colored
· Design of bus stops and A
· Design of new stormwater
for Northbound Shoreline.
:ely 3,600 linear feet of Seawall Reconstruction between the
and the Marina Breakwater entrance. The project will involve
of construction used in the first contract that is under
onstruction budget available for the project is approximately
9ar continuous steel sheet pile walls, and their connections
existing structure. Geotechnical data used to design these
.~d/developed by Fugro South, and supplemented by the work
lase. Wave forces were developed under Amendment No. 5.
also be designed to accommodate the weight of a new
~he soil conditions encountered in this reach of the project.
g expansion joints.
iques and specification of materials.
3iques and specification of materials.
;chniques and materials.
,ssure relief system that will work in conjunction with the void
d pedestrian control plan, but design of the pedestrian control
sibility of the contractor.
; permanent curb and gutter section, but with a similar sawcut
concrete mixes.
)A parking areas.
collection system (shallow) and seawall penetrations (out'falls)
· Design of stormwater outfall penetrations (for deeper laterals) through the front of the
seawall.
· Design of sliplining (w/HDPE) for 7 stormwater lateral lines from the manholes along
west side of Southbound E~horeline to the face of the seawall.
· This work will involve coordination and planning for lighting (design by City and installed
by AEP).
· Meetings and consultations with RTA, City Engineer, and AEP to collect input and
provide updates on the design as it progresses.
Basic Services
1. Design Phase. Upon rffceiving authorization to proceed, the Engineer will:
a. Study, verify, and i~nplement design recommendations outlined in the Engineers'
original report and~ubsequent Pilot Program Evaluations including construction
Exhibit E
Page 1 of 4
H:~-IO ME~KEVINS\GE N~S EAWALL~B 2~Par tA(T&LHea ds )~AwdCo~EactS umma ryExh E ,doc
/
sequencing, connections to the existing facilities, and restoration of property, and
incorporate these plans into the construction plans.
Prepare one set Of Construction Bid Documents in City format (using City
Standards as appli(
c. Prepare opinions ol
d. Furnish one copy
specifications) to th
probable constructi,
e. Furnish complete b
approval. Provide (
City staff for revie~
costs.
f. Provide Quality A.,
submittal of the 90~,
specifications accu
necessitate an exc~
g. Upon approval by t
copy and electroni~
format) suitable f(
henceforth become
h. The City agrees th~
by the City) will b
professional engine
i. Assimilate all revi
proceed to next phi
j. Prepare USCE p
stormwater outfall Ii
able), including Contract agreement forms.
probable costs and probable construction schedule.
of 90% complete plans (plans only - identify needed
~ City staff for review and approval purposes with opinions of
)n costs.
d documents including specifications for City staff review and
,ne copy of 100% complete plans and bid documents to the
and approval purposes with revised estimates of probable
;urance/Quality Control (QNQC) measures to ensure that
;~ and 100% complete plans and complete bid documents with
-ately reflect the percent completion designated and do not
,ssive amount of revision and correction by City staff.
le Director of Engineering Services, provide one (1) set (hard
of final plans and contract documents (including electronic
reproduction (in City format) and said bid documents
3e sole property and ownership of the City of Corpus Chdsti.
any modifications of the submitted final plans (for other uses
evidenced on the plans and be signed and sealed by a
;r prior to reuse of modified plans.
~w comments, modifications, and additions/deletions and
~se, upon Notice to Proceed.
;rmit application for City submission for McGee Beach
we/structure to be constructed at a later date (Contract D).
2. Bid Phase. The Engine~er will:
a. Participate in the pre-bid conference.
b. Assist the City in sqlicitation of bids by identification of prospective bidders, and
review of bids by s(~licited intereSts.
c. Review all pre-bid que, stions and submissions concerning the bid documents and
prepare, in the Ctitys format, for the Engineering Services' approval, any
addenda or other r~visions necessary to inform contractors of approved changes
prior to bidding. ~ -'
d. Attend bid opening~ analyze bids, evaluate and prepare bid tabulatiOn, and make
recommendations Concerning award of the contract.
3. Construction Phase. Tl~e Engineer will perform contract administration to include the
following:
a. Participate in pre-~nstruction meeting.
b. Review for conformance to contract documents, shop and working drawings,
materials, and other- submittals.
c. Review field and laboratory tests.
Exhibit E
Page 2 of 4
H:~-IOME~KEVlNS\GEN~S EAWALL\B2~PartA(~&LHeads)~AwdContractSummaryExhE.doc
/
Provide interpretatlons and clarifications of the contract documents for the
contractor and autllodze minor changes that do not affect the contractor's pdce
and are not contrary to the general interest of the City under the contract.
Make visits to thei site of the Project to confer with the City Engineer and
contractor to obserye the general progress and quality of work, and to determine,
in general, if the wqrk is being done in accordance with the contract documents.
This will not be confused with the project representative observation or
continuous monitor'ng of the progress of constru?on.
Prepare change or, lers (coordinate with the City s construction division), provide
interpretations and ;ladfications of the plans and specifications for the contractor,
and authorize mine' changes that do not affect the contractor's price and are not
contrary to the gen, ~ral interest of the City under the contract.
Make final project walk-through with City staff and provide the City with a
Certificate of Comp etlon for the project.
Review constructi¢ n ~red-line" drawings, prepare record drawings (in-future
contract amendme~ ~t) of the Project as constructed (from the "red-line" drawings,.
inspection, and th~, contractor provided plans) and deliver to the Engineering'
Services a reprod[ cible set and electronic file (AutoCAD r.2000) of the record
drawings. All drawl lgs will be CADD drawn using dwg format in AutoCAD, and
graphics data will e in dxf format with each layer being provided in a separate
file. Attribute data ~ be prov ded n ASCII format in tabular form.
ADDITIONAL SERVICES
· Topographic and hydrogr~
and specifications as outlir
· Project observation servl
extensive or continuous) f
estimated that the const~
purDoses of th,' fees as c~
compliance with the plans
· A pre-design underwater
contract. Random probing
performed to look for debr
piling. In addition, a gene
piling penetrations with m~
drawings to be developed
provided for all submerged
· A post construction undE
contract (C) as well as m(
the Engineer performing
(T/L-Heads) and B-2(B)
present, the construction
result of the refinements
being changed from the
work. Note: Monitoring
contractor based on specif
· Provide for a walk through
phic surveying prior to design, to allow preparation of plans,
ed above.
ces will be provided periodically (as differentiated from
)r the duratiOn of the construction contract. At this time, it is
jction contract will have a duration of 26 months. For the
Iculated hereinafter, the assumption has been made to allow
20 months. The purpose ~)f the site observations will be to observe the materials and
techniques utilized dudng :he performance of the work, as well as checking for general
]nd specifications.
survey will be performed in the area of work under this
(not continuous) at the toe of the existing sheet piling will be
s that might interfere with the advancement of the new sheet
ral condition survey will be performed on any visible sheet
,asurements collected in sufficient detail to allow construction
A complete 100-percent visual survey is not intended to be
surfaces.
rwater survey will be performed by the Engineer .for this
difying provisions to do the previous Amendments to'include
] post construction underwater survey for Contracts B-2(A)
2500' Seawall from Peoples Street to Power Street). At
~ontractor is to perform the underwater inspection. But as a
ade as a part of Contract B-l, the post construction survey is
~ntractor performing the work to having the Engineer do the
~ucture movement will be provided by the construction
cations prepared by Engineer,
observation and preparation of a bdef letter type report at the
end of the warranty period~ including minor remedial activities/follow up necessary.
H:~H OME~-,EVINS\GEN~S EAWALL~B 2~Par tA
I~&LHeads)~AwdCon~'actSummaryExhE,doc
Exhibit E
Page 3 of 4
Co
Prepare and submit U.S. Army Corps of Engineers Section 10/404 permit Amendment
for a section(s) of new stormwater outfall line/structure at McGee Beach.
Provide for a TDLR Consultant to advise Engineer on how to make new improvements
ADA compliant and accessible and for the TDLR review fees. There is no coordination
of architecture services anticipated that need to be provided or interface with an ar/ist.
For purposes of this contract, there is no structural design or artist/architect interface
allowed for, as it is anticipated that the architectural work will consist of using
colored/sawed concrete.
Up to eight (8) briefings With council or other entitles during the construction process,
along with three (3) public i~volvement press briefings during key work elements such as
groundbreaking, pile driving and concrete placement, as well as periodic progress
reports.
Summar~ of Fees/' ,,
Original Contract wi~h Amendments
1,2,3,4,5,6,7,8,9,10il 1,12,&13 ........... $2,678,182
AMENDMENT No.~4
Seawall - Marina Breakwater to Peoples Street (Contract C)
Fee for Basic Servlces
1. Design Phase ................................................................. 931,700
2. Bid Phase ......................................................................... 31,600
3. Construction Phase_ .......................................................... 51,400 I
Subtptal Basic Services Fees ................................. $1,014,700
Fee for Additional Services
1. Topographic and Hydrographic Survey
Pre-design ....................................................................... 44,200
2. Crack Mapping ................................................................. 45,700
3. Construction Observation ............................................... 586,500
4. Underwater Examination (pre-design only) ...................... 45,400
5. Presentations al Meetings ................................................ 25,900
6. Warranty Phase ................................................................ 11,300
7. Permitting (USCE Permit Amendment) .............................. 9,100
8. TDLR Consultant, Fees, Aerials and Misc. Costs ........... 20,500
9. Underwater Survey (Post Construction) for B2-A .............52,000
10. Underwater Survey (Post Construction) for B2-B ............ 41,800
11. Underwater Survey (Post Construction) for C .................. 52,900 ·
Subt~)tal Additional Services Fees ............................ $935,300
Amendment No. 14Total $1,950,000
Contract Total Fee $4,628,182
Exhibit E
Page 4 of 4
H:~-IOME~KEVI NS\GEN~S EAWALL'~B 2~°ar tA('II&L Heads )~Awd ContractSumm aryExh E.doc
42
CITY COUNCIL
AGENDA MEMORAI UM
I
City Council Action Date:
, 8/26/03
AGENDA ITEM:
Ordinance authorizing the City Mana,
proposed sale of water supply refundm
and Bond Purchase Agreements; app
Authority; and declaring au emergenc)
ISSUE:
The City of Corpus Christi and the Nue
on August 24, 1978, and March 29, 19
Canyon Reservoir Project). Under the,
of all fiscal arrangements in eonnectiot
maturities. The Contr~t also requires
:er to approve all documents and fiscal arrangements required for the
; bonds by the Nueces River Authority; including the Official Statement
'oving the form of the bond resolution adopted by the Nueees River
es River Authority entered into a contract on May 27, 1976 and amended
r9, concerning construction of Nueces River Reclamation Project (Choke
2ontract, both the City and the Nueecs River Authority havejoint control
with the sale of revanue bonds for the Project including interest rates and
that each resolution authorizing revenue bonds be approved by the City.
City Staff and Fmaueial Advisor, M. 1~. Allison & Company, recommend that $4,290,000 in aggregate princfipal
of the Water Revenue Bonds Series [979 Bond and the Water Revenue Re.~fu~,ding Bonds Series 1994, be
refunded to realize a &bt service savings which would result in lowering the City s payments under the contract.
A 3% (or greater) net presentvalue savingsis targeted Therefore, Council authorization is required, for theCity
Manager to approve all documents rel0ted to the current refunding
REQUIRED COUNCIL ACTION:
City Council approval of the Ordinance is recommended.
PREVIOUS COUNCIL ACTION:
None.
CONCLUSION AND RECOMMENDATION:
City Staff recommends Council approval of the Ordinance authorizing the City Manager to approve all
documonts and fiscal arrangements required for tlg proposed sale of water supply rffu~ding bonds by th~ Nut. s
River Authority; including the Officia~ Statement and Bond Purchase Agreements; approving the form of the
bond resolution adopted by the Nuec~ River Authority.
Constance P. Sanchez
Acting Director of Financial Services
Attachments:
Ordinance
Net Present Value Schedule
H:~IN-DIR~HARE DL4.GENDA\Couneil Items Agend~ Mem~'~Iue~:~sRive~Autlgnity82603 .doc
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPROVE ALL
DOCUMENTS A]~ FISCAL ARRANGEMENTS REQUIRED FOR
THE PROPOSED SALE OF WATER SUPPLY REVENUE
REFUNDING BOb
INCLUDING TH]
PURCHASE AGRI
BOND RESOLUT
ALrHtORITY; AN]
WHEREAS, the City of Cot
as supplemented on August 24, 197~
(tbe "Authodty") concerning consnx
Reservoir Project) (the "Project"); ax
DS BY THE NUECES RIVER AUTHORITY,
;~ OFFICIAL STATEMENT, AND BOND
iEMENT; APPROVING THE FORM OF THE
iON ADOPTED BY THE NUECES RIVER
} DECLARING AN EMERGENCY.
>us Christi (the "City") entered into a contract dated May 27, 1976,
and March 29, 1979, (the "Contract") with Nueces River Authority
~on of Nueces River Reclamalion Project, Texas (Choke Canyon
,f the Con~act the Authority and the City have joint control of all
t the sale of revenue bonds for the Project, including interest rates and
hat each resolution authorizing such revenue bonds and each Official
Statement relating to such revenue brads shall be approved by the City; and
WBERFA~, the Nueces Ri+er Authority issued its Water Supply Revenue Bonds, Seri .es 1979
(City of Cotlms Christi Project) in tl~ aggregate pnue~al amount of $13,000,000 to finance certam costs
of the Project (the "Series 1979 Bon~ls"); and
WI-iEKE3~, pursuant to ma conUact me L~ty acqutre(1 me ngl~t to the water ma6e available by
the Project; and
WHEREAS, under the Co~xact, the Series 1979 Bonds and any bonds issued to refund such
bonds are payable from amounts paid by the City; and
WHEREAS, by resolution adopted on Febnmry 22, 1994, by the City Council of the City (the
"City Council"), the City requested that the Authority refund $7,450,000 in aggregate principal amount of
the Series 1979 Bonds and redeem ~taid Refunded Bonds on April 1, 1994; and
WHEREAS, the Nueces River Authority issued its Water Supply Revenue Bonds (City of Corpus
Christi Project), Series 1994 in the aggregate principal amount of $7,900,000 to refund a portion of the
outstanding Series 1994 Bonds (the!"Series 1994 Bonds"); and
WHEREAS, the City's staff and Financial Advisor have recommended that $4,290,000 in
aggregate principal amount of the S~ries 1979 Bonds and the Series 1994 Bonds be refunded to realize
a debt service saving which would t~sult in lowering the City's payments untLer the Contract:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the for
attached hereto and made a part here
· SECTION 2. That the City
as the case may be, such instmmenl
Bonds and the Series 1994 Bonds as
bond purchase agreement executed ~
the specific terms of the sale of the bc
Bonds, and the notice of redemption
redemption prior their scheduled mt
execute such bond purchase agreem
Resolution are not achieved. A del
instruments, including specifically,
comply with the Contract, the Bond
and effect as a finding or determina
Pumhase Agreement and any other i~
1979 Bonds and the Series 1994 B~
reviewed by the City Manager or th.
City Council promptly after their ex
n of the bond resolution, a tree and correct copy of which is
of as Exhibit A (the "Bond Resolution"), is hereby approved.
vlanager is hereby authorized to review, approve and execute,
s as are necessary to effect the refunding of the Series 1979
ermitted under the Bond Resolution, including specifically the
~d finally approved by the Nueees River Authority setting forth
ads issued to refund the Series 1979 Bonds and the Series 1994
calling the Series 1979 Bonds and the Series 1994 Bonds for
tufifies; provided, that the City Manager shall not approve or
~nt if the minimum savings parameters set f~orth iff the Bond
erminafion by the City Manager that the final forms of said
but not by way of limitation, said bond purchase agreement,
Resolution and applicable State law shall have the same force
ion made by the City Council. A certified copy of the Bond
tstruments relating to the sale of the issued to refund the Series
rods, as finally approved by the Nueces River Authority and
: City Attorney on behalf of the City, shall be provided to the
:cution and delivery.
SECTION 3. That the neCessity to have the approval of all documents and fiscal
arrangements required for the proposed sale of water supply revenue bonds by the Nueces River
Authority as outlined above and also huthorizing the review of said instruments, all as more fully set
out above, creates a public emergency and an imperative public necessity requiring thc suspension
of the Charter rule that no ordinaace or resolution shall be passed finally on the date of its
introduction but that such ordinance!or resolution shall be read at three several meetings of the city
Council, and the Mayor having declared such emergency and necessity to exist, and having requested
the suspension of the Charter rule and that this ordinance be passed finally on the clgte of its
introduction and take effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED, this the August 26, 2003.
ATTEST:
City Secretary,
City of Corpus Christi, Texas
Mayor,
City of Corpus Christi, Texas
APPROVED:
City Attorney
(SEAL)
NET PRESENT VALUE BENEFIT
IN REFUNDING CHOKE (~ANYON SERIES 1979 AND 1994 BONDS
Nuec'.=s River Authority
(City ol Corpus Chrfsti Project)
$4, 515, 000 Water Suppl] ' Revenue Refunding Bonds, Series 2003
Preliminary Analysis as a ~ 7/30/03 For Purposes of Illustration Only
DEBT $ -'RVlCE COMPARISON
Date Tota~ P+I Net New DIS Old Net D/S Savings
8/31/2004 96,154.28 87,372.74 109,347.50 21.97~.76
8/31/2005 965,063.50 965,063.50 988.695.00 23,6~'~.50
8/31/2006 967,421.50 967,421.50 995.195.00 27,773.50
8/31/2007 965.359.00 965.359.00 992.815.00 27,456.00
8/31/2008 969,177.00 969,177.00 992,500.00 23,323.00
8/31/2009 974,106.00 974,106.00 997,500.00 23,394.00
Tolal 4,937.28128 4.928,499.74 5,076,O52.50 147,552.76
PRESENT VALUE ANALYSIS SUMI~ IARY (NET TO NET)
Gross PV Debt Service Savings ............. ~ ............................................................................ 235,307.98
Net PV Cashflow Savings @ 3.715%(AICt ............................................................................. 235,307.98
Accrued Interest Credit to Debt Service F d .............................................................................
Translers from Prior Issue Debt Service Ft~nd ........................................................................... (109,347.50)
NET PRESENT VALUE BENEFIT ............. l ............................................................................. $137,1:>~.13
NET PV BENEFIT I $4,290,000 REFUNDED PRINCIPAL .......................................................... 3.197%
REFUNDING BOND INFORMATIONI
8/15/2003
9/15/2003
Fkst Southwest Company
Public Finance Department
PRELIMINARY
File = NRA.SF-03 rev ref (CC) 7/3u
7/30/2003 3:07 PM
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO
DOCUMENTS ANDFISCAL ARRANGEMENTS
THE PROPOSED
REFUNDING BON[
INCLUDING THE
PURCHASE AGREI
BOND RESOLUTI(
AUTHORITY;ANDI
WHEREAS, the City of Corpus
1976, as supplemented on Augus
Nueces River Authority (the "Auth
Reclamation Project, Texas (Cho~
APPROVE ALL
REQUIREDFOR
SALE OF WATER SUPPLY REVENUE
iS BY THE NUECES RIVER AUTHORITY,
OFFICIAL STATEMENT, AND BOND
;MENT; APPROVING THE FORM OF THE
)N ADOPTED BY THE NUECES RIVER
)ECLARING AN EMERGENCY
risti (the "City") entered into a contract dated May 27~
:24, 1978 and Mamh 29, 1979, (the "Contract") with
)rity") concerning construction of Nueces River
e Canyon Reservoir Project) (the "Project"); and
WHEREAS, under the terms of th~ Contract the Authority and the City have joint control of all
fiscal arrangements in connection With the sale of revenue bonds for the Project, including
interest rates and maturities and t~e Contract requires that each resolution authorizing such
revenue bonds and each Official Statement relating to such revenue bonds shall be
approved by the City; and
WHEREAS, the Nueces River Authority issued its Water Supply Revenue Bonds, Sedes
1979 (City of Corpus Christi ProjeCt) in the aggregate principal amount of $13,000,000 to
finance certain costs of the Project (the "Series 1979 Bonds"); and
WHEREAS, pursuant to the Contract the City acquired the right to the water made available
by the Project; and
WHEREAS, under the Contract, the Series 1979 Bonds and any bonds issued to refund
such bonds are payable from amounts paid by the City; and
WHEREAS, by resolution adopted on February 22, 1994, by the City Council of the City (the
"City Council"), the City requested that the Authority refund $7,450,000 in aggregate principal
amount of the Series 1979 Bondsiand redeem said Refunded Bonds on April 1, 1994; and
WHEREAS, the Nueces River Authority issued its Water Supply Revenue Bonds (City of
Corpus Christi Project), Series 1994 in the aggregate principal amount of $7,900,000 to
refund a portion of the outstanding Series 1994 Bonds (the "Series 1994 Bonds"); and
WHEREAS, the City's staff and Financial Advisor have recommended that $4,290,000 in
aggregate principal amount of the Series 1979 Bonds and the Series 1994 Bonds be
refunded to realize a debt service ~saving which would result in lowering the City's payments
under the Contract:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the form of the bond resolution, a true and correct copy of which is
/
attached hereto and made a part Hereof as Exhibit A (the "Bond Resolution"), is hereby
approved.
SECTION 2. That the City Manag~
the case may be, such instrument,~
1979 Bonds and the Series 1994 I
specifically the bond PUrchase agr
River Authority setting forth the sp
Series 1979 Bonds and the Series
Sedes 1979 Bonds and the Series
maturities; provided, that the City I
agreement if the minimum saving.~
achieved. A determination by the
including specifically, but not by w
with the Contract, the Bond Resol~
and effect as a finding or determir
Bond Purchase Agreement and af
refund the Sedes 1979 Bonds anc
River Authority and reviewed by t~
shall be provided to the City Coun
SECTION 3. That upon written re
attached, the City Council (1) find=
immediate action necessary for th
(2) suspends the Charter rule that
two regular meetings so that this
~r is hereby authorized to review, approve and execute, as
~ as are necessary to effect the refunding of the Series
onds as permitted under the Bond Resolution, including
'~ement executed and finally approved by the Nueces
cific terms of the sale of the bonds issued to refund the
1994 Bonds, and the notice of redemption calling the
1994 Bonds for redemption prior their scheduled
/lanager shall not approve or execute such bond purchase
parameters set forth in the Bond Resolution are not
City Manager that the final forms of saidqnstruments,
ly of limitation, said bond purchase agreement, comply_:
ftion and applicable State law shall have the same force
ation made by the City Council. A certified copy of the
~y other instruments relating to the sale of the issued to
the Sedes 1994 Bonds, as finally approved by the Nueces
e City Manager or the City Attorney on behalf of the City,
;il promptly after their execution and delivery.
quest of the Mayor or five Council members, copy
~ and declares an emergency due to the need for
~ efficient and effective administration of City affairs and
requires consideration of and voting upon ordinances at
-dinance is passed and takes effect upon first reading as
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr.
Mayor
APPROVED: August 21, 2003
Lisa AguilarLJ
Assistant City Attorney
for City Attorney
(SEAL) :
Corpus Christi, Texas
__ day of ,20031
TO ~'HE MEMBERS OF THE CilTY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the
emergency exists requiring sus
voting upon ordinances at two,
suspend said Charter rule and ~
at the present meeting of the C
emergency clause of the foregoing ordinance an
)ension of the Charter rule as to consideration and
egular meetings: I/we, therefore, request.that you
)ass thts ord,nance fina y on the date t s ntroduced, or
ty Council. -:
Respectfully,
Respectfully,
Samuel L. NeaI, Jr.
Mayor
Council Members
The above ordinance was pas~ed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex ^. Kinnison
Jesse Noyola
Mark Scoff
RESOLUTION AWI~HORIZING THE ISSUANCE AND SALE OF
BONDS, AUTHORLZING THE EXECUTIVE DIRECTOR OF THE
AUTHORITY TO EEFECT THE SALE OF THE BONDS SUBJECT TO
THE PARAMETER~ SET FORTH IN THIS RESOLUTION, AND
AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH
STATE OF TEXAS
NUECES RIVER AUTHORITY
WHEREAS, under authority
Authority was created as a conservati,
corporate, by Acts 1935, 44th Legisla!
69th Legislature, Chapter 665 (the lat
WHEREAS, pursuant to the
by and among the United States of Am
and the Authority, dated June 30,
construction and operation and main
the Reclamation Development Act of
being also known as the Choke Cany~
WHEREAS, under the terms
States provided, within the limitations
acquisition of land therefor; and
fArticle XVI, Section 59 oftbe Texas Constitution, the Nueces River
~n and reclamation district, a governmental agency, body politic and
are, First Called Session, Chapter 427, as last amended by Acts 1985,.
:er being herein referred to as the "Act"); and ~ ·
uthority granted in the Act, the Authority has entered into a contract
~rica, the City of Corpus Christi, Texas (herein defined as the "City"),
~76 (herein defined as the "Federal Contract"), providing for the
nance of the Nueces River Reclamation Project, Texas authorized by
1974 approved October 27, 1974 (Public Law 93-493), such project
,n Reservoir Project (herein defined as the "Project"); and
of the Federal Contract, the Authority and the City and the United
herein contained, monies for the construction of the Project including
United States part of the monies for s¢ch purposes; and
WHEREAS, pursuant to a co~tract by and between the Authority and City dated May 27, 1976, as
supplemented on August 24, 1978 anc~ March 29, 1979 (herein defined as the "Contract"), the Authority and
the City delineated their respective responsibilities under the Federal Contract and established:their rights
in the use of water available from the ~roject, and resolved other matters germane to the Project as the same
affects the relationship between the ,~uthority and the City; and
WHEREAS, in accordance with the terms of the Contract, the City has assumed responsibility for
the care, operation and maintenance df the Project unless such responsibility is transferred to the Authority
by amendment to the Contract and such care, operation and maintenance of the Project shall be carried out
in compliance with the applicable reqgirements of the United States and the Texas Water Commission (now
the Texas Natural Resources ConserVation Commission) and in compliance with the requirements of the
Federal Contract and the Contract; arid
WHEREAS, pursuant to the Contract, the Authority issued its Nueces River Authority Water Supply
Revenue Bonds, Series 1979 (City of Corpus Christi Project) in the aggregate principal amount of
$13,000,000 (the "Series 1979 Bond~") pursuant to a resolution adopted by the Board of Directors of the
Authority on April 4, 1979 (the "Series 1979 Resolution") to make the advance payments to the United
States; and
Draft 8/21/03
WHEREAS, the Authority is:
Bonds (City of Corpus Christi, Texas I
(the "Series 1994 Bonds") pursuant tc
March 3, 1994 (the "Series 1994 Res~
Seri~s 1979 Bonds, which Series 1994
1979 Bonds pursuant to the provision
WHEREAS, pursuant to the
therewith are to be secured by a pled8
the Contract and such payments are 1
operating expense of such system; an
WHEREAS, by ordinance ad
form of this Resolution, authorized ti
Pumhase Agreement relating to the b,
principal amount of the Series 1979 E
and redeem said Refunded Bonds in a,
approved by the Executive Director
ued its Nueces River Authority Water Supply Revenue Refunding
roject), Series 1994, in the aggregate principal amount of $7,900,000
a resolution adopted by the Board of Directors of the Authority on
,lution"), to refund $7,450,000 in aggregate principal amount of the
Bonds were issued as "Additional Bonds" on a parity with the Series
of the 1979 Resolution; and
2ontract, such Series 1979 Bonds and any bonds issued on a parity
~ of the payments to be made to the Authority by the City pursuant to
a be made from the revenues oftbe City's waterworks system, as an
~ted on August 26, 2003, the City Council of the City approved the
~e City Manager to approve the final form of this Resolution and the:
,nds, and requested that the Authority refund $4,290,000 in aggregate
onds and the Series 1994 Bonds (collectively, the "Refunded Bonds")
:cordance with the provisions of the Notice of Redemption to be finally
,f the Authority and attached hereto; and
WHEREAS, it is hereby found and determined necessary and proper for the Authority to issue
revenue bonds to refund the Refunde~t Bonds with such refunding bonds to be issued as "Additional Bonds"
pursuant to the provisions of the Series 1979 Resolution and to be so secured, all in accordance with the
terms oftbe Federal Contract and the Contract; and
WHEREAS, it is hereby found and determined that the refunding of the Refunded Bonds shall be
delegated to the Executive Director df the Authority, as current market conditions in the public debt markets
are fluctuating and it is in the best inlerests of the Authority and the City that such refunding be effected in
a manner that would enable the mos~ favorable economic financing to occur, subject to the parameters set
forth in this Resolution; :
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF T.HE NUECES
RIVER AUTHORITY:
ARTICLE I
DEFINITIONS
Section 1.1. TERMS. The ~terms defined in this section for all purposes of this Resolution, except
where the context by clear implicati6n shall otherwise require, shall have the respective meanings ~s follows,
to-wit:
"Acts - The Act as defined in the recitals to this Resolution, and Chapter 1207, Texas Government
Code.
"Additional Bonds" - Bon~s issued on a parity with the Series 1979 Bonds, the Series 1994 Bonds
and the Series 2003 Bonds pursuant to the terms of this Resolution.
Draft 8/21/03 2
"Authority" - Nueces River A)thority and any other public body or agency at any time succeeding
to the property rights, powers and obllgations thereof.
"Board" or "Board of Directors" - the duly appointed and acting Board of Directors of the Authority.
"Bond" or "Bonds" - One or n ore of the Series 1979 Bonds, the Series 1994 Bonds, the Series 2003
Bonds, and the Additional Bonds, as he case may be, authorized by the Resolution.
Bond Resolutmn - The Scm s 1979 Resolution, the resolution authorizing the issuance of the Series
1994 Bonds, this Resolution and any 3thor resolution of the Board authorizing the Additional Bonds.
"City" - The City of Corpus ( ~hristi, Texas.
a~pointed and acting City Manager of the City.
Manager"
The
duly
The f~nd by that name crated by Section 6.1 of the Series 1979 Resolution.
Fund"
"Consulting Engineers" - Th~ independent engineer or engineering finn or corporation employed by
the Authority in accordance with Article VIII of the Series 1979 Resolution.
"Contract" - The contract be~vecn the Authority and the City dated the 27th day of May, 1976, as
supplemented on August 24, 1978 arid March 29, 1979 and as hereafter supplemented or amended.
"Contract Payment Fund" -;Nueces River Authority Contract Payments for Debt Service Fund
created by Section 5.2 of the Series ! 979 Resolution.
"Contract Payments for Deb[ Service" - The payments made by the City to the Authority pursuant
to the Contract as are necessary to p~y the principal of and/or interest on the Bonds and to make deposits in
the Reserve Fund or other Funds as may be required by the Bond Resolution.
"DTC" - The Depository ~rust Company, New York, New York, or any successor securities
depository.
"DTC Participant" - Securities brokers and dealers, banks, trust companies, clearing corporations
and certain other organizations on wl~ose behalfDTC was created to hold securities to facilitate the clearance
and settlement of securities transactions among DTC Participants.
"Executive Director" - The duly appointed and acting Executive Director of the Author(ty.
"Federal Contract" - The contract by and among the United States of America, the City and the
Authori~, dated June 30, 1976, prox~iding for the construction, operation and maintenance of the Project and
entitled Contract Among the United States °fAmerica' City °f C°rpus Christi' Texas' and the Nueces River
Authority, Nueces River Reclamat~0n Project, Tex .
"Financial Advisor" - First Southwest Company, San Antonio, Texas, or its successor.
"Fiscal Year" - The twelve month period beginning September I of each calendar year.
Draft 8/21/03 3
"Fiscal Year of the City" - Th~ fiscal year of the City, which currently begins on August 1 of each
year, as it may be changed from time 4o time with notice to the Authority.
"Interest and Sinking Fund" ~Nueces River Authority Water Supply Revenue Bonds Interest and
Sinking Fund created by Section 5.2 dftbe Series 1979 Resolution.
"Investment Securities" -Dire
which are unconditionally guaranteed
Federal Land Banks, Federal Nation
Cooperatives.
"MSRB" - The Municipal Se,
"NRMSLR" - Each person wk
municipal securities information repc
"Paying Agent/Registrar" - Jl
"Project" - All features comp~
Act of Congress approved October 2
terms of the Federal Contract; also Io
"Purchase Agreement" - The:
to the purchase of the Series 2003 B(
obligations of, or obligations the principal of and the interest on
~y, the United States Government, Federal Inte/mediate Credit Banks,
Mortgage Association, Federal Home Loan Banks or Banks for
trities Rulemaking Board. ~
om the SEC or its staff has determined to be a nationally recognized
sitory within the meaning of the Rule from time to time.
'Morgan Chase Bank, or its successors.
ising the Nueces River Reclamation Project, Texas, authorized by the
?, 1974 (Public Law 93-493), and constructed or provided under the
~own as the Choke Canyon Reservoir Project.
tgreement among the Authority, the City, and the Purchaser pertaining
rids by the Purchaser.
"Purchaser" - The investmen(t banking firm, bank or other entity which contracts to t~urchase the
Series 2003 Bonds in accordance with the terms and conditions of the Purchase Agreement.
"Refunded Bonds" - The Se~'ies 1979 Bonds and the Series 1994 Bonds to be refunded with the
proceeds of the Series 2003 Bonds, ~ designated in the Purchase Agreement.
"Reserve Fund" - Nueces Ri~er Authority Water Supply Revenue Bonds Reserve Fund created by
Section 5.2 of the Series 1979 Resoli~tion.
"Resolution" - This resoluti(~n, as from time to time it may be amended.
"Rule" - SEC Rule 15c2-12,!as amended from time to time.
"Sale and Offering Documehts - Any Preliminary Official Statement, Official Statement or other
offering document for the Bonds.
"SEC" - The United States 8ecurities and Exchange Commission.
"Series 1979 Bonds" - Nuec~s River Authority Water Supply Revenue Bonds, Series 1979 (City Of
Corpus Christi Project) authorized b{y the Series 1979 Resolution.
"Series 1994 Bonds" - Nueces River Authority Water Supply Revenue Refunding Bonds, (City of
Corpus Christi, Texas Project) Series 1994 authorized by the Series 1994 Resolution.
Draft 8/21/03 4
"Series 2003 Bonds" - Nueees ~iver Authority Water Supply Revenue Refunding Bonds, (City of
Corpus Christi, Texas Project), Series ~003 authorized by this Resolution.
"Trustee" - JPMorgan Chase Bank, Dallas, Texas, a state banking association organized and existing
under the laws of the State of New Yc~rk, administering the trusts established for the benefit of the Series
2003 Bonds from its office in Dallas, Texas, or its successor.
"United States" - The United ~tates of America.
Section 1.2. CONSTRUCTI(~N. This Resolution, except where the context by clear implication
shall otherwise require, shall be construed and applied in a manner that the singular and plural both include
the other, and pronouns include both ~ingular and plural and include all genders. ~ . .
ARTICLE TWO
GENERAL TERMS, ] 'ROVISIONS AND CHARACTERISTICS OF THE
SERIES 2003 BONDS
Section 2.1. GENERAL TERMS. The principal of and interest on the Bonds shall be payable in
lawful money of the United States of ~nerica, without exchange or collection charges upon presentation
and surrender at the principal corporate trust offices of JPMorg.an. Chase, Bank !n Da!~s, Texas,..,The. Bond~
shall be special obligations of the Atlthority and the principal thereof, premium, ir any, ann me lnteres
thereon shall be secured by a first lie~ on and shall be payable only out of the revenues herein pledged.
Section 2.2. SERIES 2003 BLONDS ARE ADDITIONAL BONDS. The Series 2003 Bonds shall
be Additional Bonds to the Series 19~9 Bonds and the Series 1994 Bonds and as such shall be on a parity
of maturity, date of delivery or any other characteristic whatsoever.
Section 2.3. CHARACTERISTICS OF THE BONDS. Registration, Transfer, Conversion and
Exchange; Authentication; Book-Ent~ Only System. (a) The Authority shall keep or cause to be kept at
the principal corporate trust office oflthe Paying AgenffRegistrar in Dallas, Texas books or reqords for the
registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the
Authority hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books
or records and make such registrationS of transfers, conversions and exchanges under such reasonable regula-
tions as the Authority and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make
such registrations, transfers, convertlions and exchanges as herein provided. The Paying AgenffRegistrar
shall obtain and record in the Registr~ation Books the address of the registered owner of each Bond. to which
payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the du/y of each
registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be
mailed, and such interest payments shall not be mailed unless such notice has been given. To the extent
possible and under reasonable circuntstances, all transfers of Bonds shall be made within three business days
after request and presentation thereof. The Authority shall have the right to inspect the Registration Books
during regular business hours of the paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall
keep the Registration Books confidential and, unless otherwise required by law, shall not permit their
inspection by any other entity. The Paying Agent/Registrars standard or customa~ fees and charges for
making such registration, transfer, c~onversion, exchange and delivery of a substitute Bond or Bonds shall
be paid as provided in the FORM OF BOND set forth in this Resolution. Registration of assiguments, trans-
fers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated
Draft 8/21/03 5
in the FORM OF BOND set forth in this Resolution. Each substitute Bond shall bear a letter and/or number
to distinguish it from each other Bondl
An authorized representative
Bond, date and manually sign the Pay
shall be deemed to be issued or outstm
istrar promptly shall cancel all paid
additional ordinances, orders, or res;
Authority or any other body or persm
Bond or portion thereof, and the Pa.~
delivery of the substitute Bonds in
Government Code, the duty of conver
Paying Agent/Registrar, and, upon the
be valid, incontestable, and enforeeal
initially were issued and delivered put
tered by the Comptroller of Public Az
(b) Payment of Bonds ar
Agent/Registrar to act as the paying a
vided in this Resolution. The Paying~
Authority and the Paying Agent/Regi
of Bonds, and all replacements of E
nonpayment of interest on a schedule
for such interest payment (a "Special
when funds for the payment of such
Record Date and of the scheduled pa
Special Record Date) shall be sent at
States mail, first-class postage prepai~
Books at the close of business on the
,f the Paying Agent/Registrar shall, before the delivery of any such
ng Agent/Registrar's Authentication Certificate, and no such Bond
ding unless such Certificate is so executed. The Paying AgenttReg-
Bonds and Bonds surrendered for conversion and exchange. No
lutions need be passed or adopted by the governing body of the
so as to accomplish the foregoing conversion and exchange of any
ing Agent/Registrar shall provide for the printing, execution, and
:he manner prescribed herein. Pursuant to Chapter 1206, Texas
;ion and exchange of Bonds as aforesaid is hereby imposed upon the
~xeeution of said Certificate, the converted and exchanged Bond shall
4e in the same manner and with the same effect as the Bonds whicti
;uant to this Resolution, approved by the Attorney General, and regis-
counts.
d Interest. The Authority hereby further appoints the Paying
~ent for paying the principal of and interest on the Bonds, all as pro-
tgentfRegistrar shall keep proper records of all payments made by the
~trar with respect to the Bonds, and of all convemions and exchanges
ends, as provided in this Resolution. However, in the event of a
payment date, and for thirty (30) days thereafter, a new record date
~cord Date") will be established by the Paying Agent/Registrar, if and
aterest have been received from the Authority. Notice of the Special
~,ment date of the past due interest (which shall be 15 d~ys after the
east five (5) business days prior to the Special Record Date by United
, to the address of each registered owner appearing on the Registration
last business day next preceding the date of mailing of such notice.
(c) In General. The Bonds (il
the principal of and interest on such '~
redeemed prior to their scheduled m;
by the Authority at least 40 days pti{
(iv) may be converted and exchanged
sealed, executed and authenticated, (~
shall be administered and the Payi~
responsibilities with respect to the B,
shall be issued in fully registered form, without interest coupons, with
lends to be payable only to the registered owners thereo~ (ii) may be
turities (notice of which shall be given to the Paying Agent/Registrar
r to any such redemption date), (iii) may be transferred and assigned,
for other Bonds, (v) shall have the characteristics, (vi) shall be signed,
ii) the principal of and interest on the Bonds shall be payable, and (viii)
tg Agent/Registrar and the Authority shall have certain duties and
~nds, all as provided, and in the manner and to the effect as required or
indicated, in the FORM OF BOND ;et forth in this Resolution. The Bonds initially issued and delivered
pursuant to this Resolution are not re. uired to be, and shall not be, authenticated by the Paying Agent/Regis-
trar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under
this Resolution the Paying AgentJRegistrar shall execute the PAYING AGENT/REGISTRAR'S
AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF BOND.
(d) Substitute Payin~ A~,enl/Reaistrar. The Authority covenants with the registered owners of the
Bonds that at all times while theBo~ds are outstanding the Authority will provide a competent and legally
qualified bank, trust company, financial institution, or other agency to act as and perform the services of
Paying Agent/Registrar for the BondS under this Resolution, and that the Paying Agent/Registrar will be one
such entity. The Authority reservesithe right to, and may, at its option, change the Paying Agent/Registrar
upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60
Draft 8/21/03 6
days prior to the next principal or interest payment date after such notice. In the event that the entity at any
time acting as Paying Agent/Registrar (gr its successor by merger, acquisition, or other method) should resign
or otherwise cease to act as such, the Authority covenants that promptly it will appoint a competent and
legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar
nder this Resolution. Ul~on any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar
r~mptly shall transfer a~d deliver the~Registration Books (or a copy thereof), along with all other pertinent
books and records relating to the Bond~, to the new Paying Agent/Registrar designated and appointed by the
Authority. Upon any change in the I~aying Agent/Registrar, the Authority promptly will cause a written
notice thereof to be sent by the new Pa~ing Agent/Registrar to each registered owner of the Bonds, by United
States mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the pogition and performing as such, each Paying Agan.t]Registrar shall be
deemed to have agreed to the provisio~s of this Resolution, and a certified copy ofthi%Reso!.ution.shall be
delivered to each Paying AgentJRegis~rar.
(e) Book-Entry Only System ~}enerallv. The Bonds issued in exchange for the Bonds initially issued
and delivered under this Resolution sl~all be issued in the form of a separate single fully registered Bond for
each of the maturities thereof registered in the name of Cede & Co., as nominee of The Depository Trust
Company, Ne~y York, New York ("DTC"), and except as provided in subsection (b) hereof, all oftbe Bonds
shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Authority and
the Paying Agent/Registrar shall have [no responsibility or obligation to any DTC Participant or to any person
on behalf of whom such a DTC Participant holds an interest on the Bonds. Without limiting the immediately
preceding sentence, the Authority and the Paying Agent/Registrar shall have no responsibility or obligation
with respect to (i) the accuracy of thei records of DTC, Cede & Co. er any DTC Participant with respect to
any ownership interest in the Bonds, (!i) the delivery to any DTC Participant or any oth~r person,~other than
notice of redemption, or (iii) the pgyment to any DTC Participant or any other person, other than
Bondholder, as shown in the Registration Books, of any amount with respect to principal of, premium, if any,
and interest on, or Compounded Amount of, the Bends. Notwithstanding any other provision of this
Resolution to the contrary but to the ~xtent permitted by law, the Authority and the Paying Agent/Registrar
shall be entitled to treat and consider[the person in whose name each Bond is registered in the Registration
Books as the absolute owner of suc~ Bond for the purpose of payment of principal, premium, if any, and
interest, with respect to such Bond, fbr the purpose of giving notices of redemption and other matters with
respect to such Bond, for the purpos~ of registering transfers with respect to such Bond, and for all other
purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest
on, the Bonds only to or upon the o~der of the respective owners, as shown in the Registration Books as
provided in this Resolution, or their ~'espective attorneys duly authorized in writing, and all such payments
shall be valid and effective to fully s~isfy and discharge the Authority's obligations with respect to payment
of principal of, premium, if any, and interest on, the Bonds to the extent of the sum or sums so paid. No
person other than an owner, as shoW~ in the Registration Books, shall receive a Bond certificate evidencing
the obligation of the Authority to mal~e payments of principal, premium, if any, and interest, or Compounded
Amount, as the case may be, pursuant to this Resolution. Upon delivery by DTC to the Paying
Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place
of Cede & Co., and subject to the provisions in this Resolution with respect to interest checks being mailed
to the registered owner at the close of business on the Record Date, the word "Cede & Co.," in this
Resolution shall refer to such new nominee of DTC.
(f) Successor Securities Del~sitory; Transfers Outside Book-Entry Only System. In the event that
the Authority determines to discontinue the use of the Book-Entry Only System through DTC or DTC
Draft 8/21/03 7
determines to discontinue providing it
successor securities depository, qualif
Act of 1934, as amended, notify DTC
depository and transfer one or more
and OTC Participants of the availabilil
DTC Participants having Bonds credi~
be restricted to being registered in the
but may be registered in the name of th
or names Bondholders transferring or
of this Resolution.
(g) Pavmant to Cede & Co. N
so long as any Bond is registered in th,
to principal of, premium, if any, and i
be made and given, respectively, in the
services with respect to the Bonds, the Authority shall (i) appoint a
ed to act as such under Section 17A of the Securities and Exchange
nd DTC Participants of the appointment of such successor securities
arate Bonds to such successor securities depository or (ii) notify DTC
, through DTC of Bonds and transfer one or more separate Bonds to
:d to their DTC accounts. In such event, the Bonds shall no longer
registration Books in the name of Cede & Co., as nominee of DTC,
successor securities depository, or its nominee, or in whatever name
:xchanging Bonds shall designate in accordance with the provisions
otwithstanding any other provision of this Resolution tothe contrary,
~name of Cede & Co, as nominee of DTC, all payments with respect
~terest on such Bond and all notices with respect to such Bond shall ·
manner provided in the representation letter of the Authority to DTC.
(h) Limitation on Transfers. Notwithstanding the provisions of subsections (e), (f) and (g) of this
Section 2.3, the Purchase Agreemen~may provide that the b0ok-entry-only system shall not be initially
utilized in regard to ownership and tragsferability of the Bonds, and that there shall there shall be restrictions
on transferability of the Bonds such that the Bonds shall not be transferred to any person, firm or other entity,
unless prior to such transfer the reg!stered owner of the Bond obtains and delivers to the Authority a
certificate executed by the person, firm or other entity to whom the Bond is to be transferred (the
"Transferee") and in form acceptablelto the Authority, certifying that: (A) the Transferee is an "accredited
investor" within the meaning of RegClation D promulgated by the Securities and Exchange Commission
under the Securities Act of 1933, as ~mended, or a state or national bank organized under the laws of the
United States; (B) the Transferee has $ufficient knowledge and experience in financial and busihess matters,
including purchase and ownership of tax-exempt municipal obligations, to be able to evaluate the economic
risks and merits of the investment represented by the purchase of the Bonds; (C) the Transferee has made
its own inquiry and analysis with respect to the Bonds and the security therefor, and other material factors
affecting the security and payment o[the Bonds, and has not relied upon any statement by the Authority's
financial consultants or legal advisorS in connection with such inquiry or analysis or in connection with the
offer and sale of the Bonds; (D) thC Transferee has either been furnished with or has had ~eess to all
necessary information that it desires in order to enable it to make an informed decision concerning the
investment evidenced by the Bonds, and the Transferee has had the opportunity to ask questions and receive
answers from knowledgeable individuals concerning the purpose for which the proceeds of the Bonds will
be utilized, and the security therefor~ so that it has been able to make an informed decision to purchase the
Bonds; (E) the Transferee is purchasing the Bond for its own account and not with a view to, and with no
then present intention of, distributing or reselling the Bond or any part thereof and that in the-event the
Transferee sells or otherwise dispos~:s of the Bond that such sale or disposition shall be made only to an
investor described in (A), above, and that such investor shall execute and provide to the Transferee and to
the Authority a certificate as required by and to the effect provided in this subsection; and (F) the Transferee
further acknowledges that it is responsible for consulting with its advisors concerning any obligations,
including, but not limited to, any obligations pursuant to federal and state securities and income tax laws,
it may have with respect to subsequent purchasers of the Bonds if and when any such future disposition of
the Bonds may occur. Upon receipt and acceptance of said certificate, the Authority shall notify the Paying
AgentfRegistrar in writing that the requirements of this section have been satisfied and the name of the
person, firm or other entity to whom the Bond transferred.
(i) Notice of Redemption.
(i) In addition to the Notice of Redemption set forth in the FORM OF BOND, the Paying
Agent/Registrar shall give notice of redemption of the Bonds by mail first-class postage prepaid at
Drat~ 8/21/03
least thirty (30) days prior to a redemption date to each registered securities depository and to any
national information service t~at disseminates redemption notices. In addition, in the event of a
redemption caused by an adva~
second notice of redemption tc
thirty (30) days but not more fl
sent to the registered securitie
that they are received at least ~
notice. The Paying Agent/Re
registered owner of any Bond ~
redemption date.
(ii) Each Notice of
Section, shall contain a descril
Bonds, the Series, the date
certificate numbers, the amora
notice, the date of redemption,
~ce refunding of the Bonds, the Paying Agent/Registrar shall send a
the persons specified in the immediately preceding sentence at least
an ninety (90) days prior to the actual redemption date. Any notice
~ depositories or such national information services shall be sent so
wo (2) days prior to the general mailing or publication date of such
gistrar shall also send a notice of prepayment or redemption to the
tho has not sent the Bonds in for redemption sixty (60) days after the
[edemption, whether required in the FORM Of BO!~D or~i~ this
tion of the Bonds to be redeemed including the complete name of the
issue, the interest rate, the maturity date, the CUSIP number, the
ts called of each certificate, the publications and mailing date for the
the redemption price, the name of the Paying Agent/Registrar and the
address at which the Bonds m~y be redeemed, including a contact person and telephone number.
(iii) AIl redemption p~yments made by the Paying Agent/Registrar to the Bondholders shall
include a CUSIP number relating to each amount paid to such registered owner.
(j) Execution. In case any per,on who shall have signed or signed and sealed any Bond as an officer
of the Authority shall have ceased to I~e such officer before the Bonds so signed or signed and sealed shall
have been actually delivered, such Bonds, nevertheless, may delivered and issued as though the person who
signed or signed and sealed such Bond had not ceased to be such officer of the Authority. Any Bonds
issuable hereunder may be signed and isealed on behal£o£the Authority by such persons as at the actua! date
any such person shall not have been art officer of the Authority. The Bonds shall be executed by the manual
or facsimile signatures of the President and the Secretary or the Assistant Secretary of the Authority, and the
Authority may adopt or use for that purpose the facsimile signature of any persons who shall have been such
officers notwithstanding the fact that ~hey may have ceased to be such officers at the time when such Bonds
are actually authenticated and delivered. The official seal of said Authority shall be impressed; or printed,
or lithographed on each of the Bonds~
Section 2.4. FORM OF BOND. The form of the Bonds, including the form of Paying
Agent/RegisU'ar's Authentication Cerqficate, the form of Assignment and the form of Registration Certificate
of the Comptroller of Public Accounts of the State of Texas to be attached only to the Bonds initially issued
and delivered pursuant to this ResOlution, shall be, respectively, substantially as follows, wfith such
appropriate variations, omissions, or :insertions as are permitted or required by this Resolution:
Draft 8/21/03 9
FORM OF BOND
[TRANSFER OF OWNERSHIP OF THIS BOND IS SIJBJECT TO CERTAIN
LIMITATIONS SET FORT~ IN TItE RESOLUTION. REFERENCE IS HEREBY MADE
TO THE RESOLUTION FOR A DESCRIPTION OF SUCH LIMITATIONS.]*
* If Not Book-Entry-Only through DTC. I
R~
INTEREST RATE
WATER SU
(CITY OF
DATE OF B~
IITED STATES OF AMERICA
STATE OF TEXAS
UECES RIVER AUTHORITY
~PLY REVENUE REFUNDING BONDS,
2ORPUS CHRISTI, TEXAS PROJECT)
SERIES 2003
PRINCIPAL
AMOUNT
$
)NDS MATURITY DATE CUSIP NO.
% ,12003 April 1,__
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the NUECES RIVER AUTHORITY (the
"Authority"), being a political subdivision of the State of Texas, hereby promises to pay to the
REGISTERED OWNER specified alcove (hereinafter called the "registered owner") the principal amount
specified above and to pay interest th4reon from ,200_, on __ 1,200_, and semiannually
on each I and I thereafter to the maturity date specified above, at the interest rate per annum
specified above; except that if this Bt nd is required to be authenticated and the date of its authentication is
later than the first Record Date 0ten
interest payment date next preceding
any Record Date but on or before th
amount shall bear interest from such ~
date of authentication hereof the in
nafter defined), such principal amount shall bear interest from the
he date of authentication, unless such date of authentication is after
next following interest payment date, in which case such principal
tt following interest payment date; provided, however, thatqfon the
erest on the Bond or Bonds, if any, for which this Bond is being
exchanged or converted from is due [?ut has not been paid, then this Bond shall bear interest from the date
to which such interest has been paid in full. Capitalized terms used and not defined herein shall have the
meanings assigned to such terms in the Bond Resolution (hereinafter defined).
THE PRINCIPAL OF AND iNTEREST ON this Bond are payable in lawful money of the United
States of America, without exchang~ or collection charges solely from funds of the Authority required by
the Bond Resolution to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter
provided. The principal of this Bon~l shall be paid to the registered owner hereof upon presentation and
surrender of this Bond at maturity at ~he principal corporate trust office of JPMorgan Chase Bank in Dallas,
Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of inter~st on this Bond shall be
made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check
Draft 8/21/03 10
dated as of such interest payment date, iand such check shall be sent by the Paying Agent/Registrar by United
States mail, first class postage prepaid, on each such interest payment date, to the registered owner hereof,
at its address as it appeared on the fifteenth day of the month next preceding each such date (the "Record
Date") on the Registration Books kept!by the Paying Agent/Registrar, as hereinafter described. In addition,
interest payments may be made by
such other methods, acceptable to the
the registered owner. Any accrued
presentation and surrender of this Bc
Agent/Registrar. The Authority cove
principal payment date and interest
Agent/Registrar, from the "Interest a
defined), the amounts required to pro
of and interest on the Bonds, when th
IF THE DATE for any paym
a day on which banking institutions
AgenffRegistrar is located are autho!
Service is not open for business, then
not such a Saturday, Sunday, legal ho
the United States Postal Service is not
and effect as if made on the original.
Paying AgenffRegistrar, requested by and at the risk and expense of
nterest due at maturity shall be paid to the registered owner upon
nd for payment at the principal corporate trust office of the Paying
nants with the registered owner of this Bond that on or before each
payment date for this Bond it will make available to the Paying
id Sinking Fund" as provided by the Bond Resolution (hereinafter
dde for the payment, in immediately available f~nds, of all principal
mt due on this Bond shall be a Saturday, Sunday, a legal holiday, or
in the city where the principal corporate trust office of the Paying
ized by law or executive order to close, or the United States Postal
the date for such payment shall be the next succeeding day which is
[iday, or day on which banking institutions are authorized to close, or
open for business; and payment on such date shall have the same force
late payment was due.
THIS BOND is one ofa Seri s of Bonds dated as of. 1,200_, authorized by a Resolution
adopted by the Board of Directors i of the Authority on August 22, 2003 (the "Bond Resolution") in
accordance with the Constitution and!la s ofthe State of Texas in the principal amount of $ (the
"Bonds") for the purpose of refunding the Refunded Bonds.
[ON APRlL 1, 20~ or any date thereafter, the outstanding Bonds of this Series may be redeemed
prior to their scheduled maturities, at the option of the Authority, with funds derived from any available and
lawful source, as a whole, or in part,,
multiple of $5,000) at the redemptic
accrued interest thereon to the date 1
the Authority shall determine the ml
direct the Paying Agent/Registrar to ~
and in such principal amounts, for r~
Bonds is determined by a book entr~
of the same maturity and bearing th
maturity and bearing such interest n
provided that a portion of a Bond may be redeemed only in an integral
a price of the principal amount of Bonds called for redemption, plus
ixed for redemption· If less than all of the Bonds are to b~e redeemed,
turity or maturities and the mounts thereof to be redeemed and shall
all by lot Bonds, or portions thereof, within such maturity or maturities
demption; provided that during any period in which ownership of the
at a securities depository for the Bonds, if fewer than all of the Bonds
same interest rate are to be redeemed, the particular Bonds of such
~te shall be selected in accordance with the arrangements between the
Authority and the securities depository.]*
[AT LEAST 30 days prior tO the date fixed for any redemption of Bonds or portions thereof prior
to maturity, a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States
mail, first-class postage prepaid, to the registered owner of each Bond to be redeemed at its address as it
appeared on the day such notice of redemption is mailed; provided, however, that the failure to send, mail
or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity
or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such
redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the required
redemption price for the Bonds or portions thareofwhich are to be so redeemed. If such notice of redemption
is given and if due provision for such payment is made, all as provided above, the Bonds or portions thereof
which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled
Draft 8/21/03 11
maturities, and they shall not bear inte~st after the date fixed for redemption, and they shall not be regarded
ht of the registered owner to receive the redemption price from the
as being outstanding except for the ri~
Paying Agent/Registrar out of the fun
redeemed, a substitute Bond or Bonds
denomination or denominations in an)
owner, and in an aggregate principal m
registered owner upon the surrender th~
in the Bond Resolution.]*
* To be added only if the Bonds are st
[ALL BONDS OF THIS SEt
coupons, in the denomination of $100
Js provided for such payment. If a portion of any Bond shall be
aving the same maturity date, bearing interest at the same rate, in any
integral multiple of $5,000, at the written request of the registered
aount equal to the unredeemed portion thereof, will be issued to the
reof for cancellation, at the expense of the Authority, all as provided
bject to redemption prior to maturity
lES are issuable solely as fully registered Bonds, without interest
000 or any integral multiple of $5,000 in excess thereof.].** ·
** To be used if Bonds are issued in ~
[ALL BONDS OF THIS SE1
coupons, in the denomination of any i
Bond may, at the request of the registe~
converted into and exchanged for a
coupons, payable to the appropriate re
authorized denomination or denomin
assignee or assignees, as the case ma
cancellation, all in accordance with th
requirements for such assignment an~
Agent/Registrar, together with proper
satisfactory to the Paying AgenffReg
hereof in any authorized denominatim
such portion or portions hereof is or ~
this Bond may be executed by the ret
100,000 minimum denominations
JES are issuable solely as fully registered Bonds, without interest
ltegral multiple of $5,000. As provided in the Bond Resolution, this
~d owner or the assignee or assignees hereof, be assigned, transferred,
like aggregate amount of fully registered Bonds, without interest
gistered owner, assignee or assignees, as the case may be, having any
ttions as requested in writing by the appropriate registered owner,
t be, upon surrender of this Bond to the Paying Agent/Registrar for
: form and procedures set forth in the Bond Resolution. Among other
transfer, this Bond must be presented and surrendered to the Paying
instruments of assignment, in form and with guarantee of signatures
strar, evidencing assignment of this Bond or any portion or portions
to the assignee or assignees in whose name or names this Bond or any
re to be registered. The Form of Assignment printed or endorsed on
istered owner to evidence the assignment hereof, but such method is
not exclusive, and other instruments 0f assignment satisfactory to the Paying Agent/Registrar may be used
to evidence the assignment of this Bo~id or any portion or portions hereof from time to time by the registered
owner. The Authority shall pay the paying Agent/Registrar% reasonable standard or customary fees and
charges for transferring and exchanglng any Bond or portion thereof. Any taxes or governmental charges
required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer,
conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying
Agent/Registrar shall not be required ~to make any such transfer or exchange with respect to any Bond or any
portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date; provided,
however, such limitation of transfer Shall not be applicable to an exchange by the Registered Owner of an
unredeemed balance ora Bond called for redemption in part. ]***
***To be used if Bonds are issued in minimum denominations of $5,000
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Authority, resigns, or
otherwise ceases to act as such, the Authority has covenanted in the Bond Resolution that it promptly will
appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed
to the registered owners of the BondS.
Draft 8/21/03 12
IT IS HEREBY certified, re
authorized, issued, and delivered; that
exist, and be done precedent to or in
performed, existed, and been done in
Authority, and that the principal of m
Water Supply Revenue Bonds, Series
Water Supply Revenue Refunding Bo~
secured by a first lien on and pledge ol
the Authority pursuant to a contract d
SAID Authority has reserved
in the Bond Resolution authorizing thi
may be made payable from and secure
series of Bonds.
THE HOLDER HEREOF sha
funds raised or to be raised by taxatic
BY BECOMING the registep
of the terms and provisions of the
acknowledges that the Bond Resoluti~
and records of the governing body et
and the Bond Resolution constitute
fited, and covenanted that this Bond has been duly and validly
all acts, conditions, and things required or proper to be performed,
the authorization, issuance, and delivery of this Bond have been
accordance with law; that this Bond is a special obligation of the
d interest on this Bond, together with the Nueces River Authority
979 (City of Corpus Christi Project) and the Nueces River Authority
ds (City of Corpus Christi Project), Series 1994 are payable from, and
certain payments to be made by the City of Corpus Christi, Texas to
tted the 27th day of May, 1976, as supplemented and amended.
:he right, subject to the restrictions stated, and adoPted by reference,
; series of Bonds, to issue additional parity revenue bog.ds which also
t by a first lien on and pledge of the aforesaid payments securing this
I never have the right to demand payment of this obligation out of any
:d owner of this Bond, the registered owner thereby acknowledges all
end Resolution, agrees to be bound by such terms and provisions,
,n is duly recorded and available for inspection in the official minutes
the Authority, and agrees that the terms and provisions of this Bond
contract between each registered owner hereof and the Authority.
IN WITNESS WHEREOF, t~e Authority has caused this Bond to be signed with the manual or
facsimile signature of the President df the Board of Directors of the Authority and countersigned with~ t,he
seal ^uthority to be duly i pressed, or placed iu facsimile, on
this Bond. ,
, Board of Directors
President, Board of Directors
(SEAL)
Drat~ 8/21/03
13
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/R~GISTRAR'S AUTHENTICATION CERTIFICATE
(To be execgted if this Bond is not accompanied by an
executed l~egistration Certificate of the Comptroller
of Public Accounts of the State of Texas)
It is hereby certified that thi~Bond has been issued under the provisions of the Bond Resolution
described in the text of this Bond; an~l that this Bond has been issued in exchange for a bond or bends, or
a portion ora bond or bonds ofa serie~ which originally was approved by the Attorney General of the State
of Texas and registered by the Comptroller of Public Accounts of the State of Texas. ~'
Dated: JPMorgan Chase Bank,
Paying Agent/Registrar
By
Authorized Representative
FORM C F REGISTRATION CERTIFICATE OF
THE COI~ [PTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S ] [EGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bo4d has been examined, certified as to validity, and approved by the
Attorney General of the State of Tex~s, and that this Bond has been registered by the Comptroller of Public
Accounts of the State of Texas. ~
Witness my signature and se&l this
(COMPTROLLER'S SEAL)
Comptroller of Public Accounts
of the State of Texas
Draft 8/21/03 14
For value received, the
FORM OF ASSIGNMENT:
ASSIGNMENT
undersigned hereby sells,
assigns and transfers unto
Please insert Social Security or Taxp*
Identification Number of Transferee
(Please print or typewrite name and
including zip code of Transferee)
the within Bond and all rights
the transfer of the within Bond on the
the premises.
Dated:
Signature Guaranteed:
,er
Idress,
thereunder, and hereby irrevocably constitutes and appoints
· attorney, to register
books kept for registration thereof, with full power of substitution in
NOTICE: Signature(s) must be gnara~teed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature gnaf~mtee
program.
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears upon the front of this
Bond in every particular, without alteration
or enlargement or any change whatsoever.
[INSURANCE LEGEND]
Draf~ 8/21/03
15
ARTICLE THREE
AUTHORIZATI£
Section 3.1. DESIGNATION.
fully registered bonds, without interesl
respective initial registered owners the
or portions thereof, in the denominatic
April 1, 2009, serially or otherwise on
dated, all as set forth in the Purchase .a
the Purchase Agreement provides that
as provided in Section 2.3(h) of this Re
or any integral multiple of $5,000 in
issued for the propose of refunding ti
Bonds. The Series 2003 Bonds authc
sold in an aggregate principal amoun
"Nuecas River Authority Water Suppl
Series 2003, or such other name and
authority granted in Section 3.2 ofthi
with the provisions of the Constitutio~
of the Texas Constitution and the Act
AND ISSUANCE OF SERIES 2003 BONDS
Fhere shall be authorized to be issued, sold, and delivered hereunder
coupons, numbered consecutively from R-1 upward, payable to the
:eof, or to the registered assignee or assignees thereof or any portion
a of $5,000 or any integral multiple thereof, maturing not later than
he dates, in the years and in the principal amounts, respectively, and
greement. Notwithstanding the preceding sentence, in the event that
:here shall be restrictions on transferability with respect to the Bonds
;olution, then the Bonds shall be issued in denomifiations ors t 00,000
.'xcess thereof. The Series 2003 Bonds are hereby authorized to be
e Refunded Bonds, and to pay the costs of issuing the Series 2003'
rized by this Resolution to be issued, sold and delivered may not be
: in excess of $5,000,000. The Series 2003 Bonds shall be entitled
t Revenue Refunding Bonds (City of Corpus Christi, Texas Project),
series designation as determined by the Executive Director under
; Resolution. The Series 2003 Bonds shall be issued in accordance
~ and Statutes of the State of Texas, including Article 16, Section 59
Section 3.2. SALE OF SERI~S 2003 BONDS. (a) The Series 2003 Bonds will be sold through a
negotiated sale pursuant to the procedures set forth herein. The Executive Director, acting for and on behalf
of the Authority, is authorized to enter into and carry out the Purchase Agreement with the Purchaser, in
substantially the form attached hereto and made a part hereof for all purposes, with such changes as may be
necessary to effect the sale of the B~nds to the Purchaser. The Series 2003 Bonds shall be sold to the
Purchaser at such price, and subject tO such terms and conditions as set forth in the Purchase Agreement, as
shall be determined by the Executiv Director pursuant to subsection (c) below. The authority of the
Executive Director to execute the Put
executed by the City and by the Purch;
August 21, 2004. [Prior to the execu
rating from a nationally-recognized n
:hase Agreement shall expire if the Purchase Agreement has not been
ser (acting through their duly designated representative) by 5:00 p.m.,
ion of the Purchase Agreement, the Bonds shall have an underlying
~unicipal bond rating agency in one of the four highest generic rating
categories.] Any finding or determin, ion made by the Executive Director relating to the issuance and sale
of the Series 2003 Bonds and the exe :ution of the Purchase Agreement in connection therewith shall have
the same force and effect as a findin ' or determination made by the Board of Directors.
(b) As authorized by Cha[~er 1207, Texas Government Code, the Executive Director ts hereby
authorized, appointed, and designate~ to act on behalf of the City in selling and delivering the Series 2003
Bonds and carrying out the other procedures specified in this Ordinance, including determining and fixing
the date of the Series 2003 Bonds, an~ additional or different designation or title (including, but not limited
to series designation) by which the Series 2003 Bonds shall be known, the aggregate principal amount of
the Series 2003 Bonds, the date of delivery of the Series 2003 Bonds, the price at which the Series 2003
Bonds will be sold, the years in which the Series 2003 Bonds will mature, the principal amount of Series
2003 Bonds to mature in each of suCh years, the rate of interest to be borne by each such maturity, the
interest payment periods, the dates, price, and terms upon and at which the Series 2003 Bonds shall be
subject to redemption prior to maturity at the option of the Authority, as well as any mandatory sinking fund
redemption provisions, and all other matrers relating to the issuance, sale, and delivery of the Series 2003
Bonds, and the refunding of the RefUnded Bonds, including, without limitation, the approval of an escrow
agreement, the approval of any Sala and Offering Document, and obtaining a municipal bond insurance
Draft 8/21/03
16
policy in support of the Series 2003 Bonds, all of which shall be specified in the Purchase Agreement;
provided, that (i) the price to be paid for the Series 2003 Bonds shall not less than [95%] of the aggregate
original principal amount thereof, plus
of the Series 2003 Bonds shall bear i~
Maximum Rate allowed by law, and (ii
the Refunded Bonds unless the refum
present value debt service savings thre
~ccrued interest thereon from the date of their delivery and, (ii) none
[retest at a rate greater than 6.50% per annum or in excess of the
) the Series 2003 Bonds may not be sold for the purpose of refunding
ing of the Refunded Bonds results in achieving the minimum net
~hold described in Section 3.3 below.
The Purchase Agreement is he
filed in the minutes of the Board as a
Section 3.3. REASONS FOR
the Series 2003 Bonds for the purpose c
is a public purpose. As a condition to !
principal amount of the Refunded Bc
Refunded Bonds shall be specifically
elect not to refund all of bonds design,
the Series 2003 Bonds be issued iftbe v
for refunding does not result in realizi
Executive Director shall execute and ~
reby incorporated in and made a part of this Resolution and shall be
art of this Resolution.
[LEFUND1NG. That the Authority hereby finds,that the issuance of
f refunding the Refunded Bonds to realize a net present value savings
ae issuance of the Series 2003 Bonds, the refunding of the aggregate
ads must produce a net present value savings of at least 3%. The
dentified in the Purchase Agreement. The Executive Director may
[ted in this Resolution as the Refunded Bonds, but in no event shall
',funding of the aggregate principal amount oft:he obligations selected
ag the minimum savings threshold established in this Section. The
eliver to the Board and the City a certificate stating that the savings
threshold herein established has been ~'atisfied. This certificate shall specifically state both the net present
value savings and the gross savings realized by the Authority as a result of refunding the Refunded Bonds.
Section 3.4. ADDITIONAL BONDS. One or more series of Bonds, on a parity with and in addition
to the Series 1979 Bonds, the Series 1994 Bonds and the Series 2003 Bonds may be issued, authenticated
and delivered under the conditions, for the purposes and pursuant to the provisions of Sections'3.4 and 3.5
ARTICLE FOUR
REDEMPTION OF SERIES 2003 BONDS
Section 4.1. GENERAL. Any redemption of all or any part of the Series 2003 Bonds issued under
the provisions of this Resolution or n ~accordance therewith which are subject to redemption shall be made
in the manner provided in the PurchaSe Agreement.
Section 4.2. PARTIAL REDEMPTION. In case of the redemption of less than all the Series 2003
Bonds outstanding, except as otherwise provided herein or in the resolution or resolution authori~.ing such
Series 2003 Bonds, the particular S~ries 2003 Bonds to be redeemed shall be selected from all the
outstanding Series 2003 Bonds as pro~vided in the FORM OF BONDS.
Section 4.3. REDEMPTION OF ADDITIONAL BONDS. Additional Bonds shall be subject to
redemption prior to their stated maturities as may be provided in the resolution or resolutions authorizing
their issuance.
ARTICLE FIVE
Draft 8/21/03 17
PLEDGE AND FUNDS
Section 5.1. PLEDGE. The principal of and interest on the Bonds shall be paid and secured by a
first I. ien on and pledge of the Contract Payments for Debt Service, and said lien. and p. ledge are h. ereby~
irrevocably confirmed, and the holder~ of the Bonds shall never have the right to clemancl payment ~ereot
out of any funds of the Authority.
Section 5.2. FUNDS. (a) Th, ~ following special funds of the Authority created with the Trustee by
the Series 1979 Resolution are hereb) confirmed, to wit:
(i) the "Nueces River A ~thority Contract Payments for Debt Service Fund"
(the "Contract Paym¢ at Fund"); ~'
(ii) the "Nueces River A~thority Water Supply Revenue Bonds Interest and'
Sinking Fund (the "I0terest and Sinking Fund");
(iii) the "Nueces River Aqthority Water Supply Revenue Bonds Reserve Fund"
(the "Reserve Fund"~.
(b) All moneys in said F~nds are pledged to the purposes expressed herein and in the Series
1979 Resolution.
(c) Pursuant to the Serie~ 1979 Resolution all of said Funds created by this Section shall be kept
with the Trustee.
Set:tion 5.3. CONTRACT P~kYMENT FUND. All Contract Payments for Debt Serv'ice shall be
received by the Trustee and shall be ~leposited by the Trustee as received into the Contract Payment Fund.
Section 5.4. FLOW OF FUNDS. Moneys on deposit in the Contract Payment Fund shall be
transferred by the Trustee in the following sequence and order of priority and on the following dates, to-wit:
(a) The Trustee shall transfer to the Interest and Sinking Fund -
(i) on or before~ each March 25 and September 25 such amounts as will be sufficient,
together with other funds therein, to pay the interest on the Bonds on the next succeeding interest
payment date thereof; and
(ii) on or before eactl March 25 and September 25 through March 25, 20~ one-half of such
antounts as will be sufficient, together with other funds, therein, to pay the principal of the Bonds
maturing on the next succee~ling April 1.
(b) So long as the mount on deposit in the Reserve Fund equals or exceeds a sum equal to the
amount required to pay the interest On and principal of the Bonds outstanding during the Fiscal Year such
payments are the greatest, no transfers into the Reserve Fund shall be required under this paragraph (b).
However, should the amount on deposit in said Fund ever be less than a sum equal to the amount required
to pay the interest on and principal of the Bonds outstanding during the Fiscal Year such payments are the
greatest, the Trustee shall replace any deficiency therein in not more than ten (10) equal installments by
making transfers in the necessary mounts into said Fund from the Contract Payment Fund on or before each
March 25 and September 25 beginding with the March 25 of the Fiscal Year following the Fiscal Year in
which the deficiency occurred. Tile Authority shall make payments to the Trustee for the credit of the
Draft 8/2t/03 18
Contract Payment Fund at the times and in the amounts required to permit the timely transfers required by
this Section to be made from the Contract Payment Fund to the Reserve Fund.
Section 5.5. USE OF INTER}
Sinking Fund each year shall be used .~
and principal of the Bonds as such into
of calling and redeeming Bonds prior t
of purchasing Bonds in the open markc
interest of any Bonds thus purchase,
redemption price on the next succeedin:
in the Interest and Sinking Fund which
their stated maturities. The Trustee th
.ST AND SINKING FUND. Monies on deposit in the Interest and
olely and exclusively first for the purpose of paying the interest on
-est comes due and the principal thereof matures; or for the purpose
) maturity at the applicable redemption price and/or for the purpose
for retirement for prices not greater than the par value plus accmed
or if redeemable prior to stated maturity, not greater than the
redemption date. No purchases shall be made of Bonds with monies
would result in not having sufficient monies therein to pay Bonds at
aely shall make available the funds on deposit tSerein ~o the. paying
Agents for such purposes. At such tim; as the monies and investments in the Interest and Sinking Fund and
the Reserve Fund shall equal the aggregate principal amount of the Bonds outstanding and interest thereon:
to stated maturity dates of such Bonds, or, if any of such Bonds shall be redeemable prior to stated maturity,
the interest thereon to such redemption] dates and any applicable premium, no further transfers shall be made
to the Interest and Sinking Fund.
Section 5.6. USE OF RESEI~¥E FUND. For so long as any of the Bond shall be outstanding the
Reserve Fund shall be held as a reserve for the payment of principal of and interest on the Bonds when and
if monies on deposit in the Interest ~d Sinking Fund shall not be sufficient for such purpose. If such
deficiencies occur, the Trustee shall kansfer money on deposit in the Reserve Fund to the Interest and
Sinking Fund for the uses specified for that Fund. The monies in the Reserve Fund shall be used to pay the
last of the Bonds outstanding.
Section 5.7. SECURiTY AND INVESTMENT OF FUNDS. The trustee will secure and keep
to secare all funds deposited with thenl as otber trust funds are secured. The Trustee shall ~nvest the momes
in the Interest and Sinking Fund, theReserve Fund, and the Contract Payment Fund fully and continuously
in Investment Securities or Certificates of Deposit of State and National Banks which shall be lawfully
insured or secured by Investment Securities, all in accordance with resolutions from time to time adopted
by the Board, approved by the City anc[ delivered to the Trustee. Such investments shall be converted to cash
only at the times monies are needed for payments required by this Resolution. All interest and income on
such investments as realized shall be deposited into the Contract Payment Fund.
Section 5.8. PERFECTION OF SECURITY INTEREST IN PLEDGE. Chapter 1208, Texas
Government Code, applies to the issuance of the Series 2003 Bonds and the pledge of the Contract Payments
for Debt Service, and such pledge is tl~erefore valid, effective, and perfected. If State law is amen ~ded at any
time while the Series 2003 Bonds arq outstanding and unpaid such that such pledge is to be subject to the
filing requirements of Chapter 9, Tbxas Business & Commerce Code, then in order to preserve to the
registered owners of the Series 2003 Bonds the perfection of the security interest in said pledge, the Board
agrees to take such measures as it determines are reasonable and necessary under State law to comply with
the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the
security interest in said pledge to oc(~ur.
ARTICLE SlX
BOND PROCEEDS ~ REDEMPTION OF THE REFUNDED BONDS
DraR 8/21/03 19
Section 6.1. BOND PROCEEDS. Promptly after the delivery of the Series 2003 Bonds, thc
proceeds received from the sale ther~0f together with the amounts on hand on the Delivery Date in the
Interest and Sinking Fund shall bo deposited and disbursed as follows:
(a) To the Interest an~ Sinking Fund, an amount representing the accrued interest received
from the Purchasers.
(b) To the Authority's
expenses in connection with t
(d) To the Interest an
the Bonds, being an amount
redemption premium due on
In the event that the Bond pfc
in connection with the issuance and s~
such excess shall be removed from th,
used to pay interest on the Series 200
General Fund from Bond proceeds, an amount equal to the estimated
~e issuance and sale of the Bonds.
1 Sinking Fund, the balance of the proceeds received from the sale of
,hich will be sufficient to timely pay the principal of, imerest on and
he Refunded Bonds on April 1, 2003, the redemption date. :
eeeds deposited in the Authority's General Fund to pay the expenses
le of the Bonds are in excess of the amount needed for such purpose,
General Fund and deposited into the Interest and Sinking Fund to bo
Bonds.
Section 6.2. REDEMPTION ~F REFUNDED BONDS. The Refunded Bonds are hereby called for
redemption prior to maturity on ~, 200_ at a redemption price equal to of the principal amount
of such redeemed bonds plus accrue~ interest to the redemption date. The form of Notice of Redemption
attached to this Resolution is hereby ~pp.roved and the Executive Director is authorized and directed to take
such actions as are necessary to assu~e the redemption of the Refunded Bonds. The Executive Director is
fi~rther authorized and directed to ta~e such actions and give such notices as are necessary to revoke the
redemption of the Refunded Bonds i~the event the Series 2003 Bonds are not delivered by the'redemption
date for the Refunded Bonds.
In addition to the notice of redemption given in accordance with the resolution authorizing the
Refunded Bonds, the notice of redemption shall also be given by United States mail, first-class, postage
prepaid to each registered securitiesidepository and to any national information service that disseminates
redemption notices. Any notice sen~ to the registered securities depositories or such national information
services shall be sent as soon as possible after the sale of the Series 2003 Bonds.
ARTICLE SEVEN
GENERAL COVENANTS
Section 7.1. RECORDS. (4) The Authority will keep or cause to bo kept proper books of record
and account in which full, true and c~rrect entries will be made of all income, expenses and transactions of
and in relation to the Project and ~ach and every part thereof in accordance with accounting practices
recommended by the National Com~nittee on Governmental Accounting and within ninety (90) days after
the close of each Fiscal Year the Authority will furnish to the City, the Municipal AdviSory Council of
Texas, the Financial Advisor, and a~y holder of any Bonds who may so request a signed or certified copy
of a report by a Certified Public Ac6ountant covering the preceding Fiscal Year.
(b) The holder or holders of any Bonds or any duly authorized agent or agents of such holders,
shall have the right at all reasonable times to inspect all such records, accounts and data relating to the
Authority and the Project, and to inspect the Project and all properties comprising same.
DraR 8/21/03 20
Section 7.2. COMPLIANCE
Service will be made in accordance w
the interest thereon as they become dt
the same in effect, and will enforce
amendment to the Contract which wo~
which would in any manner impair o~
time.
0VITH CONTRACT. To the end that the Contract Payments for Debt
ith the Contract and the same will be sufficient to pay the Bonds and
e, the Authority will comply with the terms of the Contract and keep
the terms of the Contract. The Authority will not consent to any
dd extend the time of the payment of any amounts due thereunder or
adversely affect the rights of the holders of the Bonds from time to
1
Section 7.3. COMPLIANCE WITH FEDERAL CONTRACT. To the end that the Project will be
properly maintained and the rights of the Authority and the holders of the Bonds will be preserved and
protected, the Authority will comply vlith the terms of the Federal Contract and will enforce the terms of the
Federal Contract. ~ ~
Section 7.4. CORPORATE ][
conservation and reclamation distric~
created, organized and existing und,
authority from all other public bodies ~
repair, renew and replace the Project
corporate existence and maintain a la
interest of the Project and the bondh{
power to pledge the revenues support
duly and validly taken; and that the [
such manner that one Bond shall hay,
XISTENCE OF AUTHORITY. The Authority represents that it is ~i
and a governmental agency and body politic and corporate, duly
:r the Constitution and laws of the State of Texas and has proper
nd authorities, if any, having jurisdiction thereof to operate, maintain,
or any interest therein. The Authority will at all times maintain its
~ful Board of Directors, and at all times function and act in the best
lders. The Authority hereby further covenants that it has the lawful
ng the Bonds; that all corporate action on its part to that end has been
onds issued hereunder shall be ratably secured under said pledge in
no preference over any other Bond of said issue.
Section 7.5. FURTHER ENCUMBRANCES. The Authority covenants that in no event while any
of the Bonds or interest thereon remaiBs outstanding and unpaid, shall the Authority sell, mortgage, lease or
encumber the Contract Payments for I~ebt Service in any manner except in accordance with this Resolution,
or unless such encumbrance shall be atadejunior and subordinate in all respects to the lien and pledge herein
created for the benefit of the Bonds and the interest thereon.
Section 7.6. INSURANCE. (a) The Authority will, or will cause the City at all times to keep
insured with a responsible insuranc~ company or companies, such of the plants, structures, buildings,
stations, machinery and equipment of the Project against risk of accidents or casualties against which
insurance is usually carried by simila~ governmental entities operating like properties, to maintain insurance
against public liability and property damage in a reasonable amount, provided such insurance can be
procured at reasonable cost, and to maintain workmen's compensation insurance with a responsible insurance
company or companies or a State-approved workmen's compensation plan or program. However, atany time
while any contractor engaged in the COnstruction shall be fully responsible therefor, the Authority shall not
be required to carry or cause to be carried any of the foregoing insurance.
(b) In the event of any lqss or damage and proceeds from such insurance policies are available
the Authority will apply or cause to be applied proceeds of insurance policies covering such loss or damag~
solely for that purpose. The Authority will use its best efforts to have the work of reconstruction or repair
begun promptly after such loss or damage shall occur and have the same continued and properly completed
as expeditiously as possible. Ifangineering assistance is not available from the United States, the Authority
will procure or cause to be procured the advice and recommendation in writing of Consulting Engineers
concerning such reconstruction before it is undertaken.
(c) Any amounts remaining after the completion of and payment for any such reconstruction or
Drat~ 8/21/03 2 1
repair shall be deposited to the credit iof the Contract Payment Fund.
Section 7.7. MAINTENAN£
Federal Contract provides that a repr,
and the City may, from time to time,
and the City to determine the conditi{
oftbe review including recommendal
furnished to the Authority and the
City, special inspections of the Proj~
United States to ascertain, in the ew
required for correction to assist the
or audit shall, except in the case of eh
the actual cost thereof shall be pai~
arrangement for reviews and inspectk
the Authority will employ or cause to
advice and recommendations to the e~
and satisfactory manner. Further, th.
review and report on the physical c~
recommendations as to (1) the prop
E, REVIEW AND INSPECTION. The Authority recognizes that the
~s, entative of the United States with a representative of the Authority
.view the maintenance of the Project being operated by the Authority
.n of the Project and adequacy of the maintenance program. A report
ions, if any, will be prepared by the United States and copies will be
y. If deemed necessary by the United States or the Authority and the
ct and the books and records being maintained will be made by the
~nt of any operation and maintenance deficiency remedial measures
uthority and City in solving specific problems. Any such inspection
~ergency, be made in written notice to the Authority and'the City, and
by the Authority and the City to the United States. Should thi~
ns be terminated for any reason, while any of the Bonds is outstanding,
be employed, a Consulting Engineer to give all necessary or desirable
d that the Project shall be operated and maintained in the most efficient
~ Authority shall cause the Consulting Engineer to make in writing a
,ndition of the Project works once every three years, including their
.'r maintenance, repair and operation of the Project, including their
findings as to whether or not properti{s have been maintained in good repair and sound operating condition;
and (2) the improvements, renewals and replacements which should be made. A copy of such report and
review shall be filed with the City ~d the Authority.
Section 7.8. CONTINUING IEFFECT OF AUTHORITY'S STATUTORY RIGHTS. No provision
contained in this Resolution sha n ~ny way affect the statutory right of the Authority to issue bpnds except
bonds on a parity with the Bonds which shall be issued in accordance with the Series 1979 Resolution and
this Resolution.
ARTICLE EIGHT
TRUSTEE
Section 8.1. TRUSTEE ACCEPTANCE. By the execution of the Acceptance Clause at the end
hereof, the Trustee does hereby affin~a the acceptance of the trust imposed by the Series 1979 Resolution and
this Resolution and agrees to compl~ with the terms thercofi
Section 8.2. NO LIABILITY. The Trustee shall not be liable for any act done or step taken or
omitted by it, including losses incUrred in buying and selling investments, or any mistake of fuct;br law or
for anything which it may do or refrain from doing, except for its negligence and/or its willful misconduct
in the performance of any obligation imposed upon it hereunder. The Trustee shall not be responsible in any
manner whatsoever for the recitals or statements contained in the Bonds or any proceedings taken in
connection therewith or statements Of the Authority contained in this Resolution.
Section 8.3. NO RESPONSIBILITY. The Trustee shall have no responsibility to any persons in
connection herewith except those specifically provided herein and shall not be responsible for anything done
or omitted to be done by it except for [ts own negligence and/or willful misconduct. The Authority covenants
that it will not commence any action against the Trustee, in equity or otherwise as a result of any action taken
or thing done by the Trustee pursua-qt to this Resolution or pursuant to any written demand or authorization
for which provision is herein made.
Draft 8/21/03 22
Section 8.4. TRUST AND OTHER AGREEMENTS. The Trustee, except as herein indicated and
as a Paying Agent/Registrar and a Trustee with respect to certain of the Authority's bond issues, is not a party
to any other agreement or undertaking
give consideration to the terms or pro
other persons, and the Trustee assents
Resolution. Unless it is specifically
happening or occurrence of any event
Authority with respect to arrungemenl
deposit monies and to dispose of and,
Section 8.5. OBLIGATION ~I
Trustee be called upon by the term~
contingency, Trustee shall be obligate,
diligence, and in event of error in mak
misconduct and/or negligence in the I
facilities available to Trustee in the or
such event or contingency Trustee m
additional evidence as Trustee in its ~
occurrence of such event or contingen
the Authority at any time and Trustee
hereunder pending its examination of
between the Authority and the Trustee nor is it bound by nor need it
/isions of any agreement or undertaking between the Authority and
o and is to give consideration only to the terms and provisions of this
provided, the Trustee has no duty to determine or inquire into the
or contingency or the performance or failure of performance of the
~ or contracts with others, the Trustee's sole duty hereunder being to
leliver the same in accordance with instructions herein.
O USE REASONABLE CARE AND DILIGENCE. If, however, the
. of this Resolution to determine the occurrence ofamy event or
l, in making such determination, only to exercise reasonable care and
ng such determination Trustee shall be liable only for its own willful
ight of all the circumstances, taking into consideration the time and
tinary conduct of its business. In determining the occurrence of any
ay request from the Authority or any other person such reasonable
liseretion may deem necessary to determine any fact relating to the
:y, an in this connection may inquire and consult, among others, with
shall not be liable for any damages resulting from its delay in acting
the additional evidence requested by it.
Section 8.6. TRUSTEE RELLANCE ON AUTHORITY. The Trustee is authorized by the Authority
to rely upon the representations, both iactual and implied, of the Authority and all other persons connected
with this Resolution and the deposited property as to authority to execute this Resolution, notifications,
receipts or instructions hereunder, and relationships among persons, including persons authoriz6d to receive
Section 8.7. GOOD FAITH RELIANCE BY TRUSTEE. The Trustee may act upon any written
notice, request, waiver, consent, certificate, receipt, authorization, power of attorney, or other instrument or
document which Trustee in good faitll believes to be genuine and to be what it purports to be.
Section 8.8. TRUSTEE RELATIONSHIP WITH AUTHORITY AND CITY. The Trustee or any
company of which it is a subsidiary o~ in which it may be interested, or any officer, stockholder or director
of the Trustee or of any such company, in its or his individual or fiduciary capacity, may acquire, hold ~r
dispose of Bonds or coupons, or may engage in or be interested in any financial or other transaction with the
City or the Authority or any corporatiqn in which the City or the Authority may be interested, and the Trustee
may act as depository, trustee or agent for the City or the Authority or for any committee or body ~lf holders
of Bonds, whether or not secured hereby, all with the same rights as though the Trustee were not Trustee
hereunder.
Section 8.9. USE OF TRUSTEE FUNDS. Nothing in this Resolution shall require the Trustee to
expend or risk its own funds or incur!financial liability in the performance or exercise of any of its rights,
powers or duties if it does not have re~asonable grounds to believe that the funds will be repaid or that it will
be adequately indemnified as to risk and liability.
Section 8.10. REMOVAL AND RESIGNATION. (a) The Trustee and any successor hereafter
appointed may at any time resign from the trust hereby created by giving 90 days' written notice to the
Authority and such resignation shall take effect upon the appointment of a successor Trustee by the
bondholders or by the Authority. SuCh notice may be served personally or sent by registered mail.
Dral~ 8/21/03 23
(b) The Trustee at any time acting hereunder may be removed at any time by an instrument or
concurrent instruments in writing delivered to the Trustee and to the Authority and the City or instruments
or concurrent instruments in writing d~livered by the Authority and the City to the Trustee and signed by the
bold~rs a majority in amount of the BOnds.
(c) In case the Trustee
course of dissolution or liquidation o~
shall be taken under control of any pule
may be appointed by the holders of a
outstanding, by an instrument or cm
attorneys in fact, duly authorized; pm
instrument executed by resolution of
under its corporate seal, may appoinl
appointed by the bondholders in the n
by the Authority shall immediately am
bondholders. Every such temporary 1
or bank and trust company located in
a cumulative capital, surplus and und
($25,000,000), if there be such an ins
and customary terms.
xeunder shall resign or be removed, or be dissolved, or shall be in
,tberwise become incapable of acting hereunder, or in case the Trustee
lic officer or officers or of a receiver appointed by a court, a successor
majority in principal amount of the Bonds hereby secured and then
tcurrent instruments in writing signed by such holders, or by their
vided, nevertheless, that in case of such vacancy~he Aathority by an
the Board, and signed by its President, and attested by its Secretary
a temporary Trustee to fill such vacancy until a successor shall be
tanner above provided; and any such temporary Trustee so appointed
without further act be superseded by the Trustee so appointed by such
rustee so appointed by the Authority shall be a trust company or bank
t Federal Reserve City in the State of Texas, in good standing, having
vided profits and reserves of not less than twenty-five million dollars
itution willing, qualified and able to accept the trust upon reasonable
Section 8.11. FEES. The Authority wdl pay or cause to be paid to the Trustee ~ts reasonable fees
for its services as Trustee and Paying AgentJRegistrar as set forth in the Paying Agent/Registrar Agreement
presented to the Board.
Section 8.12. NOTICE. Any notice, authorization, request or demand required or permitted to be
given hereunder shall be in writing a~d shall be deemed to have been duly given when mailed by registered
or certified mail postage prepaid addressed as follows:
Nueces River Authority
First State B~.nk Building, Suite 206
200 East Nopal Street
Uvalde, Ter4s 78801
Attention: Egecutive Director
City of Co~us
Christi
1201 Leopard
City Hall
Corpus Christi, Texas 78403
Attention: Qity Manager
JPMorgan ~hase Bank
2001 Bryan Street
11 ~ Floor
Dallas, Texas 75201
The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall Be
conclusive evidence of the date and [act of delivery.
Either party may change the address to which notices are to be delivered by giving to the other party
Dra~8~l~3 24
not less than ten (10) days prior notice thereof.
Section 8.13. COMPLETIONI Upon the taking of all the actions as described herein by Trustee the
Trustee shall have no further obligatinOs or responsibilities to any of the parties hereto or to any other person
or persons in connection with this ResOlution
Section 9.1. DEFEASANCE.
payment of the principal of, redemptio
thereof(whether such due date be by re
been made or caused to be made in az
irrevocably depositing with a Paying t
(1) money sufficient to make such pa}
certified by an independent public a;
interest in such amount and at such tit
money to make such payment, and all
Agents for the Bonds pertaining to the
or the payment thereof provided for.
aforesaid, it shall no longer be secm
ARTICLE NINE
DEFEASANCE
Any Bond shall be deemed to be paid and no Ionggr outslandiog when
I premium, if any, on such Bond, plus interest thereon to the due date
~son of maturity, upon redemption, or otherwise), either (a) shall have
cordance with the terms thereof, or (b) shall have been provided by
,gent, in trust and irrevocably set aside exclusively for such payment
ment or (2) Federal Securities, as defined hereinafter in this Article,
counting t'mn of national reputation to mature as to principal and
~es as will insure the availability without reinvestment, of sufficient
lecessary and proper fees, compensation, and expenses of the Paying
Bond with respect to which such deposit is made shall have been paid
At such time as a Bond shall be deemed to be paid hereunder, as
:d by or entitled to the benefits of this Resolution, except for the
purposes of any such payment from sach money or Federal Securities.
Section 9.2. DEFEASANCE BY INVESTMENT IN FEDERAL SECURITIES. The deposit under
of such Bond shall have been given iniaccordance with this Resolution or irrevocable provisions have been
made for the giving of such notice. Any money so deposited with a Paying Agent/Registrar as provided in
this Article may at the direction of the Authority also be invested in Federal Securities, maturing in the
amounts and times as hereinbefore sbt forth, and all income from all Federal Securities in the hands ora
Paying AgenffRegistrar pursuant to this Article which is not required for the payment of the Bond, the
redemption premium, if any, and interest thereon, with respect to which such money has been so deposited,
shall be turned over to the Authority.
Section 9.3. FEDERAL SECURITIES. For the purpose of this Article, the term "Federal Securities"
shall mean direct obligations of the United States of America, including obligations which are
unconditionally guaranteed by the United States of America, and which are noncallable and which a.t the time
of investment are legal investments ~nder the laws of the State of Texas for the money proposed to be
invested therein.
Section 9.4. USE OF FEDERAL SECURITIES. Notwithstanding any provision of any other Article
of this Resolution which may be contrary to the provisions of this Article, all money or Federal Securities
set aside and held in trust pursuant to the provisions of this Article for the payment of Bonds, the redemption
premium, if any, and interest thereon~ shall be applied to and used solely for the payment of the particular
Bonds, the redemption premium, if any, and interest thereon, with respect to which such money or Federal
Securities have been so set aside in trust.
Section 9.5. AMENDMENT AFTER PURCHASE OF FEDERAL SECURITIES. Notwithstanding
anything elsewhere in this Resolution contained, if money or Federal Securities have been deposited or set
aside with a Paying Agent/Registrar Pursuant to this Article for the payment of Bonds and such Bonds shall
Draft 8/21/03 25
not have in fact been actually paid inl full, no amendment to the provisions of this Article shall be made
without the consent of the owner of e~ .ch Bond affected thereby.
COVENA
Section 10.1. COVENANTS
shall make such use of the proceeds o
and take such other and further action
of the Internal Revenue Code of 1986,
final regulations and procedures pron
of 1954, to the extent applicable to t
Series 2003 Bonds is excludable fron
generality of the foregoing covenant,
(a) to take any a~
the Bonds or the projects fin:
any) are used for any "private
if more than 10 percent ofth~
by the Authority, with respec
Ordinance or any underlying
payment of more than 10 pc
section 141(b)(2) of the Cod,
ARTICLE TEN
~!TS REGARDING TAX-EXEMPTION
REGARDING TAX-EXEMPTION. The Authority covenants that it
'the Series 2003 Bonds, regulate investments of the proceeds thereof
; as may be required by sections 103 and 141 through 150, inclusive,
as amended (the "Code"), and all applicable temporary, proposed and
ulgated thereunder or promulgated under the IntiSrnal Revenue Code
te Code (the "Regulations"), necessary to assure that interest on the
gross inceme for federal income tax purposes. Without limiting the
he Authority hereby covenants as follows:
:ion to assure that no more than I 0 percent of the proceeds of
aced therewith (less amounts deposited to a reserve fund, if
)usiness use", as defined in section 141(bX6) of the Code or,
~roceeds are so used, that amounts, whether or not received
t to such private business use, do not, under the terms of this
arrangement, directly or indirectly, secure or provide for the
:ent of the debt service on the Bonds, in contravention of
(b) to take any a~tion to assure that in the event that the "private business use"
described in subsection (a) l~ereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith {less amounts deposited into a reserve fund, if any)'then the
amount in excess of 5 percen~ is used for a "private business use" which is "related" and not
"disproportionate", within ~he meaning of section 141(bX3) of the Code, to the
governmental use;
(c) to take any aCtion to assure that no amount which is greater than the lesser
of $5,000,000, or 5 percent pf the proceeds of the Bonds (less amounts deposited into a
reserve fund, if any) is directl.~, or indirectly used to f'manee loans to persons, other than state
or local governmental units, ]in contravention of section 141 (c) of the Code;
(d) to refrain ff~m taking any action which would otherwise result m the Bonds
being treated as "specified p~'ivate activity bonds" within the meaning of section 14 t (a) of
the Code;
(e) to refrain f~om taking any action that would result in the Bonds being
"federally guaranteed" withi~ the meaning of section 149(b) of the Code;
(0 to refrain frgm using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in section 148(bX2) of the Code) which produces a
materially higher yield over ~he term of the Bonds, other than investment property acquired
with --
Draft 8/21/03
proceeds of the Bonds invested for a reasonable temporary period until such
26
proceeds are needed for the purpose for which the bonds are issued,
(2) amounts inve~ted in a bona fide debt service fund, within the meaning of
section 1.148-1(b) of~e Treasury Regulations, and
(3) amounts depc~sited in any reasonably required reserve or replacement fund
to the eXtent such amc~unts do not exceed 10 percent of the proceeds of the Bonds;
(g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated
as proceeds of the Bonds, a'; may be necessary, so that the Bonds do not otherwise
contravene the requirements;"f section 148 of the Code (relating to arbitrage) ,.nd, to the
extent applicable, section 149 ~d) of the Code (relating to advance refundings)} and ~
(h) to pay to the ~ Jnited States of America at least once during each five-year
period (beginning on the date of delivery of the Bonds) an amount that is at least equal to
90 percent of the "Excess Ear tings", within the meaning of section 148(f) of the Code and
to pay to the United States of/merica, not later than 60 days alter the Bonds have been paid
in full, 100 percent of the am rant then required to be paid as a result of Excess Earnings
under section 148(f) of the C; ,de.
The Authority understands that the
Treasury Regulations and, in the case
refunded bonds expended prior to th,
Authority that the covenants contaim
regulations or rulings promulgated b3
that regulations or rulings are hereafl
to the extent that such failure to co~
adversely affect the exemption from t
the Code. In the event that regulati
requirements which are applicable
requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the
exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In
furtherance of the foregoing, the Exeg~utive Director may execute any certificates or other reports required
by the Code and to make such electiot~s, on behalf of the Authority, which may be permitted by the Code as
are consistent with the purpose for the issuance of the Bonds. In order to facilitate compliance with the
above clause (h), a "Rebate Fund" is hereby established by the Authority for the sole benefit of the United
States of America, and such Rebate Fund shall not be subject to the claim of any other person, '.including
without limitation the registered owners of the Bonds. The Rebate Fund is established for the additional
purpose of compliance with section I~8 of the Code.
mn "proceeds" included "disposition proceeds" as defined in the
ifa refunding bond, transferred proceeds (if any) and proceeds of the
~ date of the issuance of the Bonds. It is the understanding of the
d herein are intended to assure compliance with the Code and any
the U.S. Department of the Treasury pursuant thereto. In the event
~r promulgated which modify or expand provisions of the Code, as
ply, in the opinion of nationally-recognized bond counsel, will not
~deral income taxation of interest on the Bonds under section 103 of
>ns or rulings are hereafter promulgated which impose additional
the Bonds, the Authority agrees to comply with the additional
The Authority hereby designates thel Bonds as "qualified tax-exempt obligations" as defined in section
265(b)(3) of the Code. In furtherance~f such designation, the Authority represents, covenants and warrants
the following: (a) that during the calet~dar year in which the Bonds are issued, the Authority (including any
subordinate entities) has not designated nor will designate bonds, notes or other obligations, which when
aggregated with the Bonds, will result iin more than $10,000,000 of "qualified tax4exempt obligations" being
issued; (b) that the Authority reasonably anticipates that the amount of tax-exempt obligations issued, during
the calendar year in which the Bond~ are issued, by the Authority (or any subordinate entities) will not
exceed $10,000,000; and, (c) that the Authority will take such action or refrain from such action as necessary,
and as more particularly set forth in Section 11, hereof, in order that the Bonds will not be considered
"private activity bonds" within the meaning of section 141 of the Code.
Draft 8/21/03 27
ARTICLE XI
MISCELLANEOUS
Section 11.1. AMENDMENTS NOT REQUIRING NOTICE OR CONSENT. Without any prior
action by or notice to the holders ofth~
this Resolution:
(1) to add to th
Resolution such additional co
or
Bonds, the Authority may, from time to time, and at any time, amend
~ covenants and undertakings of the Authority contained in this
genants and undertakings as may be authorized or permitted by laws;
1
(2) to cure any a4nbiguity, defective or inconsistent provisions of this Resolution and
to accomplish any other purpgses not inconsistent with the provisions of this Resolution and which
shall not impair the security ~fforded hereby.
Section 11.2. OTHER AMEl
principal amount of three-fourths of t
time outstanding (not including in an:
account of the Authority) shall have ti
which may be deemed necessary or d{
of the holders of all of the outstanding
the amendment of the terms and cone
(1) Make any ch
(2) Reduce the
Bonds;
rDMENT PROCEDURES. (a) The holders of Bonds aggregating in
~e aggregate principal amount of Bonds and Additional Bonds at the
case any such bonds which may then be held or owned by or for the
e right from time to time to approve an amendment of this Resolution
sirable by the Authority, provided, however, that without the consent
[5onds, nothing herein contained shall permit or be construed to permit
itions contained in this Resolution or in the Bonds so as to:
~nge in the maturity of the outstanding Bonds or Additional Bonds;
ate of interest borne by any of the outstanding Bonds or Additional
(3) Reduce the a~nount of the principal payable on the outstanding Bonds or. Additional
Bonds;
(4) Modify the ~rms of payment of principal of or interest on the outstanding Bonds
or Additional Bonds or any clf them, or impose any conditions with respect to such payment;
(5) Affect the rights of the holders of less than all of the Bonds or Additional Bonds
then outstanding; :
the ~ninimum percentage of the principal amount of Bonds necessary for
Change
consent to such amendment.
(b) If at any time the A~thority shall desire to amend the Resolution under this Section, the
Authority shall cause notice of the prgposed amendment to be published in a financial newspaper or journal
published in the State of Texas, once ~luring each calendar week for at least four successive calendar weeks.
Such notice shall briefly set forth thelnature of the proposed amendment and shall state that a copy thereof
is on file at the places of payment for inspection by all holders of Bonds and Additional Bonds. Such
publication is not required, howeveri if notice m writing ~s given to each holder of Bonds and Additional
Bonds.
(c) Whenever at any time not less than thirty days and within one year from the date of the first
Draf~ 8/21/03 28
publication of said notice or other se~wice of written notice the Authority shall receive an instrument or
instruments executed by the holders Of at least three-fourths in aggregate principal amount of Bonds and
Additional Bonds then outstanding, wllich instrument or instruments shall refer to the proposed amendment
described in said notice and which specifically consent to and approve such amendment in substantially the
form-of the copy thereof on file witl~ the places of payment, the Authority may adopt the amendatory
resolution in substantially the same form.
(d) Upon the adoption of any amendatory resolution pursuant to the provisions hereof, the
Resolution shall be deemed to be amended in accordance with such amendatory resolution, and the respective
rights, duties and obligations under th~ Resolution of the Authority and all the holders of outstanding Bonds
and Additional Bonds shall thereafter be determined, exercised and enforced hereunder, subject in all
respects to such amendments. I
(e) Any consent given by
be irrevocable for a period of six mon~
this Section, and shall be conclusive
period. Such consent may be revoked
such notice by the holder who gave su,
places of payment and the Authority, b
aggregate principal amount of the Bone
consented to and approved the amenc~
the holder of a Bond pursuant to the provisions of this Section shall
hs from the date of the first publication of the notice provided for in
md binding upon all future holders of the same Bond during such
at any time after six months from the date of the first publication of
:h consent, or by a successor in title, by filing notice thereof with the
mt such revocation shall not be effective if the holders of three-fourths
s and Additional Bonds outstanding prior to the attempted revocation,
ent.
(f) For the purpose ofthi~ Section, the fact of the holding of Bonds by any bondholder and the
amount and numbers of such Bonds, and the date of his holding same may be provided by the affidavit of
the person claiming to be such holder,i or by a certificate executed by any trust company, bank, banker, or
any other depository, wherever situated, showing that at the date therein mentioned such peison had on
The Authority may conclusively assume that such ownership continues until written notice to the contrary
is served upon the Authority.
Section 11.3. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED SERIES 2003
BONDS. (a) Replacement Bonds. I~ the event any outstanding Series 2003 Bond is damaged~ mutilated,
lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new
bond of the same principal amount, n~aturity, and interest rate, as the damaged, mutilated, lost, stolen, or
destroyed Series 2003 Bond, in replacement for such Series 2003 Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost,
stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In
every case of loss, theft, or destruction of a Series 2003 Bond, the registered owner applying for a
replacement bond shall furnish to the A~uthority and to the Paying Agent/Registrar such security or indemnity
as may be required by them to save each of them harmless from any loss or damage with respect thereto.
Also, in every case of loss, theft, or destruction of a Series 2003 Bond, the registered owner shall furnish to
the Authority and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction
of such Series 2003 Bond. In every cas~ of damage or mutilation of a Series 2003 Bond, the registered owner
shall surrender to the Paying Agent/Registrar for cancellation the Series 2003 Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any
such Series 2003 Bond shall have matured, and no default has occurred which is then continuing in the
payment of the principal of, redemption premium, if any, or interest on the Series 2003 Bond, the Authority
may authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Series 2003 Bond) instead of issuing a replacement Series 2003 Bond, provided security or
Draft 8/21/03 29
indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Repla
Paying Agent/Registrar shall charge th
and other expenses in connection ther~
this Section by virtue of the fact that ~
contractual obligation of the Authorit3
be found at any time, or be enforceable
equally and proportionately with any ~
(eS Authority for Issuing Reph
Code, this Section shall constitute auth
of further action by the governing bo~
replacement of such bonds is hereby
Paying Agent/Registrar shall authenti~
with the effect, as provided in Section
exchange for other Series 2003 Bond.,
Section 11.4. DIRECTORAI'
covenant or agreement contained in th
obtained against the Authority, or b2
proceeding by virtue of any constitu
independent of this Resolution, shall I
of the Authority, nor either directly or
or otherwise, for the payment for or t~
Bund issued hereunder or otherwise, c
:ement Bonds. Prior to the issuance of any replacement bond, the
* registered owner of such Series 2003 Bond with all legal, printing,
~with. Every replacement bond issued pursuant to the provisions of
~y Series 2003 Bond is lost, stolen, or destroyed shall constitute a
whether or not the lost, stolen, or destroyed Series 2003 Bond shall
by anyone, and shall be entitled to all the benefits of this Resolution
nd all other Series 2003 Bonds duly issued under this Resolution.
cement Bonds. In accordance with Chapter 1206, Texas Government
)rity for the issuance of any such replacement boffd without necessity
? of the Authority or any other body or person, and the duty of the
mthorized and imposed upon the Paying AgenffRegistrar, and the~
ate and deliver such Series 2003 Bonds in the form and manner and
L3 of this Resolution for Series 2003 Bonds issued in conversion and
D OFFICER LIABILITY. No recourse under or upon any obligation,
is Resolution, or in any Bond hereby secured, or under any judgment
' the enforcement of any assessment or by any legal or equitable
:ion or statute or otherwise, or under any circumstances, under or
~e had against any director or officer, as such, past, present or future,
through the Authority, or through a receiver or trustee in bankruptcy,
~ the Authority or any receiver thereof, or for or to the holder of any
fany sum that may be due and unpaid by the Authority upon any such
Bond. Any and all personal liability of every nature, whether at common law or in equity, or by statute or
by constitution or otherwise, of any such director or officer, individually or in his official capacity, to
respond by reason of an act or omission on his part or otherwise, or for any sum that may remain due and
unpaid upon the Bonds hereby secured or any of them, is hereby expressly waived and released by the
purchasers and holders of the Bonds as a condition of and consideration for the issuance and sale of such
Bonds.
Section l 1.5. COMPLIANCI~ WITH RULE 15c2-12. (a) Annual Reports. Following the issuance
of the Bonds, the offer or sale of wlaich is not exempt from the United States Securities and Exchange
Commission Rule 15c2-12 Rule (the I'Rule") as provided in subsection (d) of this Section 11.5 (the of this
"Section") below, and, until the Cityi is no longer obligated, contingently or otherwise, to make Contract
Payments for Debt Service in respect 0fthe Bonds, the City undertakes to and shall provide annually to each
NRMSIR and any SliD, within six mc~nths at, er the end of each Fiscal Year, (1) financial information and
operating d,a_~ of the general type included in the Sale and Offering Documents for the Bonds, as specified
in the City s approval of such Sale 4md Offering Documents and (2) audited general purpose financial
statements of the City, if then available. Any financial statements so to be provided shall be (1) prepared in
accordance with generally accepted accounting principles for governmental agencies or such other
accounting principles as the City m~y be required to employ from time to time pursuant to state law or
regulation, and (2) audited, if the City commissions an audit of such statements and the audit is completed
within the period during which it mu~ be provided. If the audit of such financial statements is not complete
within such period, then the City shall!provide unaudited financial statements within the required period, and
shall provide audited financial statements for the applicable Fiscal Year of the City to each NRMSIR and
any S1D, when and if the audit report on such statements become available.
If the Fiscal Year of the City is changed, it will notify the Trustee, each NRMSI1L and any SID in
Draf~ 8/21/03 3 0
writing of the change (and of the date Oftbe new Fiscal Year end of the City) prior to the next date by which
the City otherwise would be required to provide financial information and operating data pursuant to this
Section.
The financial information and
in full in one or more documents or m
part thereby (including an official stal
that theretofore has been provided to
information and operating data shall b
are fumisbed to any NRMSIR or SID
aperating data to be provided pursuant to this Section may be set forth
ly be incorporated by specific reference to any document or specific
~ment or other offering document, if it is available from the MSRB)
each NRMSIR and any SID or filed with the SEC. Copies of such
~ furnished to the Authority at the same time the information and data
(b) Material Event Notices. IThe following are the events with respect to ti;re Bonds which the
Authority must agree to disclose in ~timely manner pursuant to the Rule, if "material" under applicable
federal securities laws and regulation~ promulgated thereunder. -
(1) Principal an4 interest payment delinquencies;
(2) Non-payment related defaults;
(3) Unscheduledldraws on debt service reserves reflecting financial difficulties;
(4) Unscheduled] draws on credit enhancements reflecting financial difficulties;
(5) Substitution Of credit or liquidity providers,or their failure to perform;
(6) Adverse tax 9pinions or events affecting the tax-exempt status of the Bonds;
(7) Modifications to rights of holders of the Bonds;
(8) Bond calls;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the Bonds; and
(11) Rating changes.
The City shall, promptly aft0r obtaining actual knowledge of the occurrence of any of the events
enumerated above, notify the Authorlty of such event and provide all information in the format required to
satisfy the requirements of the Rule. Further, the City shall provide in a timely manner notice of any failure
by the City to provide audited financial statements, financial information, and operating data in accordance
with this Section to each NRMSIR nd each SID.
(d) Limitations, Disclaimers,land Amendments. The City shall be obligated to observe and perform
the covenants specified in this Sectiofl in respect of the Bonds for so long as, but only for so long as, the City
remains an "obligated person" with re~spect to the Bonds within the meaning of the Rule, except that the City
in any event will give notice of any deposit made in accordance with this Resolution that causes the Bonds
no longer to be outstanding.
The provisions of this Section are for the sole benefit of (and may be enforced by) the owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any
Draft 8/21/03 3 1
legal or equitable right, remedy, or clai~n hereunder to any other person. The City undertakes to provide only
the financial information, operating d~ta, financial statements, and notices which it has expressly agreed to
provide pursuant to this Section and does not hereby undertake to provide any other information that may
be relevant or material to a complete l~resantation of the City's financial results, condition, or prospects or
hereby undertake to update any info..r~, ation provided in accordance with this Section or otherwise, except
as expressly provided herein. The Cil ~' makes no representation or warranty concerning such information
or its usefulness to a decision to inves I in or sell Bonds at any future date.
UNDER NO CIRCUMSTA~
BENEFICIAL OWNER OF ANY BC
DAMAGES RESULTING IN WHOL
NEGLIGENT OR WITHOUT FAU1
SECTION, BUT EVERY RIGHT AN
FOR OR ON ACCOUNT OF ANY
MANDAMUS OR SPECIFIC PERF(
~ICES SHALL THE CITY BE LIABLE TO THE OWNER OR
ND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR
E OR IN PART FROM ANY BREACH BY THE CITY WHETHER
,T ON ITS PART, OF ANY COVENANT SPECIFIED 1N THIS
) REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT,
SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
~RMANCE.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit thc duties of
the Authority or the City under federal and state securities laws.
The provisions of this Sectio~
adapt to changed circumstances that ~
in the identity, nature, status, or type ~
of this Section, as so amended, woul
primary offering of the Bonds in c
int.rpretationsO~ of the Rule since such
owners ora majority in aggregate pti
of this Resolution that authorizes sm
amendment or (b) an entity that is um
bond counsel) determines that such
beneficial owners of the Bonds and i
t may be amended by the Authority and the City from time to time to
rise from a change in legal requirements, a change in law, or a change
foperations of the Authority or the City, but only if(l) the provisions
t have permitted an underwriter to purchase or sell the Bonds in the
)mpliance with the Rule, taking into account any amendments or
offering as well as such changed circumstances, and (2) e!ther (a) the
tcipal amount (or any greater amount required by any other provision
h an amendment) of the outstanding Bonds affected consent to such
~liated with the Authority or the City (such as nationally recognized
tmendment will not materially impair the interest of the owners and
; permitted by the terms of this Section. If the Authority and the City
so amend the provisions of this Attic.to in connection with the fmancial or operating data which~ the City is
required to disclose under this sub~ection (a) of this Section, the City shall provide a notice of such
amendment to be filed in accordancq with subsection (b) of this Section, together with an explanation, in
narrative form, of the reason for th{ amendment and the impact of any change in the type of financial
information or operating data to be sb provided. The Authority and the City may also amend or repeal the
provisions of this Section if the SEC amends or repeals the applicable provision of the Rule or a court of final
jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the
provisions of this sentence would not prevent an underwriter from lawfully purchasing or sellingBonds in
the primary offering of the Bonds.
(e) Exem tion from. th~. Notwithstanding the foregoing provisions of this Section, if the
Purchase Agreement provides that the Bonds are to be issued in minimum authorized denominations of
$100,000 and sold to persons as setl forth m Section (d)(1)(i) of the Rule, then the City will not make an
undertaking, as otherwise provided by the Rule, in reliance upon the exemption provided in Section (d)(1)(i)
of the Rule.
Section 11.6. DISPOSITION OF PROJECT. The Authority covenants that the property financed
with the proceeds of the Refunded Bonds will not be sold or otherwise disposed in a transaction resulting
in the receipt by the Authority of caSh or other compensation, unless the Authority obtains an opinion of
nationally-recognized bond counsel substantially to the effect that such sale or other disposition will not
adversely affect the tax-exempt status of the Series 2003 Bonds or the Refunded Bonds. For purposes of this
Draft 8/21/03 32
Section, any portion of the property fin
property and disposed of in the ordin~u
the receipt of cash or other compensati
to comply with this covenant if it obtai~
such failure to comply will not adverse
income of the interest.
Section 11.7. CUSTODY, APl
COUNSEL'S OPINION, CUSIP NI.
OBTAINED. The President of the Bo~
of the Series 2003 Bonds initially issm
pertaining to the Series 2003 Bonds pe~
by the Attorney General of the State o:
of the State of Texas. Upon registrati{
a deputy designated in writing to act fo:
Certificate attached to such Series 2002
in facsimile, on such Certificate. Th
assigned CUSIP numbers may, at the
and delivered under this Resolution,
convenience and information of the
insurance is obtained, the Series 2003
Section 11.8. FURTHER PI
Assistant Secretary of the Board of 1
officers, employees and agents of the
authorized, empowered and directed 1
the Authority the Letter of Represent~
are issued under the Book-Entry-On
Agent/Registrar and all other instrum¢
in order to carry out the terms and pros
Bonds, and the sale of the Series 2003 ]
to the contrary contained herein, whih
and to the extent permitted by law,
provisions shall prevail over any oth,
officer whose signature shall appear ~
Series 2003 Bond, such signature she
such officer had remained in office u
nced with the proceeds of the Refunded Bonds comprising personal
y course of business shall not be treated as a transaction resulting in
~n. For purposes of this Section, the Authority shall not be obligated
~s an opinion of nationally-recognized bond counsel to the effect that
affect the excludability for federal income tax purposes from gross
~ROVAL, AND REGISTRATION OF SERIES 2003 BONDS; BOND
MBERS AND CONTINGENT INSURANCE PROVISION, IF
xd of Directors of the Authority is hereby authorized to have control
d and delivered hereunder and all necessary records and proceedings
ding their delivery and their investigation, examil~ation.and approval
'Texas, and their registration by the Comptroller of Public Accounts
,n of the Series 2003 Bonds said Comptroller of Public Accounts (or
said Comptroller) shall manually sign the Comptroller's Registration
Bonds, and the seal of said Comptroller shall be impressed, or placed
: approving legal opinion of the Authority's Bond Counsel and the
>ption of the Authority,. be printed on the Series 2003 Bonds issued
but neither shall have any legal effect, and shall be solely for the
· egistered owners of the Series 2003 Bonds. In addition, if bond
Bonds may bear an appropriate legend as provided by the insurer.
tOCEDURES. The President or Vice President and Secretary or
~irectors and the Executive Director of the Authority, and all other
Authority, and each of them, shall be and they are hereby expressly
rom time to time and at any time to do and perform all stich acts and
tion with DTC regarding the Book-Entry Only System, if the Bonds
y-System, the Paying Agent/Registrar Agreement with the Paying
ats, whether or not herein mentioned, as may be necessary or desirable
isions of this Resolution, the Letter of Representation, the Series 2003
londs pursuant to the Purchase Agreement. Notwithstandfng anything
the Series 2003 Bonds are subject to DTC's Book-Entry Only System
the Letter of Representation is hereby incorporated herein and its
x provisions of this Resolution in the event of conflict. In case any
,n any Bond shall cease to be such officer before the delivery of such
11 nevertheless be valid and sufficient for all purposes the same as if
~til such delivery. :
Section 11.9. PAYING AGENT/REGISTRAR AGREEMENT. The Paying Agent/Registrar
Agreement by and between the Authority and the Paying Agent~Registrar, in substantially the form and
substance submitted to the Board at t~e meeting at which this Resolution is adopted is hereby approved and
the Executive Director of the Authority is hereby authorized to complete, amend, modify, and execute the
Paying AgentfRegistrar Agreement.
Section 11.10. RESCISSION OF INCONSISTENT BOARD ACTIONS. All resolutions, orders or
other actions of the Board heretofore adopted, passed or taken inconsistent with this Resolution are hereby
rescinded.
Draft 8/21/03 33
43
AGENDAITEM:
A(
Ordinance appropriating
from Water 1994 CIP Fi
the Sunnybrook/Evelyn/(
Phase 1 and Mansheim !
budget adopted by On
ENDA MEMORANDUM
City Council Action Date: August 26, 2003
$182,667.76 from the unappropriated interest earnings
~nd 4082; and appropriating in Water cI,P Fun_d 4082 for
~ollihar/Kostoryz Area Street & Drainage Improvements
,rea Drainage Improvements Phase lA; amending capital
linance No. 025144 by increasing appropriations by
$182,667.76; and declar, ng an emergency.
Motion authorizing the (
contract to W.Y. Young
$1,534,163.65 for the Su
Improvements Phase 1
:ity Manager, or his designee, to 'award a construction
2,onstruction of Corpus Christi, Texas, in the amount of
lnybrook/Evelyn/Gollihar/Kostoryz Area Street & Drainage
nd Mansheim Area Drainage Improvements Phase lA.
ISSUE: This project will provide for necessary street and drainage improvements on
Evelyn Street and will increase drainage ouffall capacity in the Mansheim area.
FUNDING: Funding is availab~le through Community Block Development Grant Funds,
utility commercial paper and unappropriated utility fund interest earnings.
CONCI/.USION AND RECOMMENDATION:
c~ction ~o~cI so work may begin.
Director of Water Services
Foster Crowell,
Director of Wastewater Services
Staff recommends approval of the
V~
eR. Escob~r, I
~ie Gray, I~. E.
~,tor of Storhl W
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Sunnyl~rook/Evelyr)/Gollihar/Kostoryz Area Street & Drainage Improvements
Phase 1 and Man~heim Area Drainage Improvements Phase lA.
PRIOR COUNCIL ACTION:
1. July 17, 2001 - Motion aulhorizing the City Manager, or his desigr~ee, t~ exbbute a
consultant contract with Smith, Russo & Mercer in the amount of $21,975 for:
Mansheim Street Rolled (,urb'~' and Gutter Improvements.
December 17, 2002 - Al:
Budget for $299,913,200
February 11, 2003 - Mo
execute a consultant c~
$122,200 for the Area ~
streets: (bounded by Sun
· Evelyn
· Helen
Theresa
Ross
)roval of the Fiscal Year 2002-03 Capital Improvement
Ordinance No. 025144).
on authorizing the City Manager, or his designee, to
)ntract with Smith, Russo & Mercer in the amount of
treet and Drainage Improvements along the following
3ybrook, Evelyn, Gollihar, and Kostoryz)
· Southwood
February 11, 2003 - MOtion authorizing the City Manager, or his designee, to
execute Amendment No. I to a consultant contract with Smith, Russo & Mercer in
the amount of $87,200 for Mansheim Area Drainage Improvements.
PRIOR ADMINISTRATIVE AC'IlION: None
FUTURE COUNCIL ACTION:
1. Approval of stage two design services to complete design, bid and construction
documents for the following streets:
· Phase Two: Helen & Theresa
· Phase Three: Ross, Woodland & Southwood
2. Approval of various construction contracts to complete the projects as follows
depending on availability of funding:
· Phase Two' Helen & Theresa
· Phase Tl~ree: Ross, Woodland & Southwood
IEXHIBIT "A"
Page I of 3
PROJECT BACKGROUND: The poor condition of the aged infrastructure and location of
these neighborhoods are the ba
area of town and is characterize(
as curb and gutter sections tha
water. This project will greatly a
project area, particularly the ~
Sunnybrook. Streets such as E'
are unimproved. They have rea(
drainage. The construction of
Sections of streets in the Mansh,
do not have proper grade for ad4
include the extension of a 5-foot
to Sunnybrook and on Sunnybr
system. Future phases will ex1
toward Ayers Street. The proje
street to improve drainage by re
sis for inclusion in the CDBG Program. This is an older
by inadequate underground storm water capacity as well
:have sunken, cracked and rolled, resulting in ponding
ssist in alleviating problematic drainage areas within the
lansheim/Ayers area, Evelyn Street, and portions of
~elyn, Theresa, Helen, Ross, Woodland, and Southwood
Iside ditches, no sidewalks, and are without underground
velyn Street is Phase I of these improvements.
.~im area have curb and gutters that are ih pooi' repair and
~quate drainage and results in runoff ponds. Phase 1 will~
by 5-foot reinforced concrete box extending from Gollihar
)ok will connect with the existing underground drainage
9nd the box under Gabriel and along Mansheim Street
;t will focus on the north half (Sunnybrook side) of each
)lacing curb and gutter and required driveways, sidewalk
and pavement.
PROJECT DESCRIPTION: Thee drainage system being installed under Evelyn will provide
~aina~ge improvements for the Mansheim area and is essential
for the long term solution of alleqiating drainage problems throughout the area. New water
and sanitary sewer lines and services will be installed on Evelyn Street. In addition, Evelyn
Street will be totally reconstructed and will contain new sidewalks, curb & gutter, and a
smooth riding surface. A new 2~-inch reinforced concrete pipe will be extended on Archer
Street between Sunnybrook and Mansheim Street with new sidewalks, driveways and curb
and gutter. Curb and Gutter, Sidewalks and driveways in a shod section of Mansheim
Street between Ayers and Archer will also be reconstructed.
BID INFORMATION: This project consists of a base bid. On July 23, 2003, the City
received three (3) proposals with bids ranging from $1,534,163.65 to $1,873,379.00. (See
Exhibit "C") The Engineer's construction estimate was $1,206,855.00.
The bids that were received were over the Engineer's Estimate by $327,308.65 or 21%.
Conditions that contributed to the higher than anticipated bids include market saturation of
the local contracting community, extensive dewatering that will be required to install the
deep drainage box under Evelyn, coordination with the current Gollihar project, and
material prices. It is the opinion ~of the Engineer that re-bidding this project will not result in
any savings to the City, and re-bidding may actually produce higher pricing.
Therefore, City staff and the City's Engineering Consultant, Smith, Russo & Mercer, dba
LNV, Inc. recommend that based on Iow bid and past satisfactory experience, that a
construction contract be awarded to W.T. Young of Corpus Christi, Texas, in the amount of
$1,534,163.65 for the Sunnybrook/Evelyn/Gollihar/Kostoryz Area Street & Drainage
Improvements Phase 1 and Mansheim Area Drainage Improvements Phase lA project.
EXHIBIT 'A"
Page 2of3~
This contract will allow for necessary street and drainage improvements to proceed in a
timely manner.
CONTRACT TERMS: The contract specifies that the project will be completed in 300
calendar days, with completion anticipated by July 2004.
FUNDING: Funds for this prqject are available from the FY 2002 - 2003 Capital
~nt Budget, CommuniltY Development Block Grant program and unappropriated
utility fund interest earnings.
EXHIBIT "A"
Page 3 of ~
,UNNYBROOKIEVELYNIGOLLIHARIKOSTORYZ AREA STREET & DRAINAGE IMP., PHASE 1
MANSHEIM AREA DRAII~ AGE IMPROVEMENTS, PHASE lA
PRO IECT BUDGET
Au ust 26, 2003
FUNDS AVAILABLE:
Federal/State Grant Fund .......................... ~ ............................................. $ 891,000.00
Water CIP Program ................................. t ............................................. 285~'000'00
Wastewator CIP Pro0ram .......................... ! ............................................. 338,.17 .1.00
Storm Water GIP Pro0ram ......................... i ............................................. 20'1,200.00
Unappropriated Utility Interest Revenue ..................................................... '182,067.70
Total Funds Available: $
1,988,038.76
FUNDS REQUIRED:
Construction Contract (W.T. Young) ......................................................... $
, ~ontingencies ......................................................................................
nsultant (Smith Russo & Mercer) ..........................................................
Construction Inspection ..........................................................................
Engineering Reimbursements .................................................................
Administrative Reimbursement ................................................................
Misc. (Printing/Advertising) .....................................................................
Total Estimated Budget: $
1,534,163.65
150,000.00
231,375.00
45,000.00
15,000.00
10,000.00
2,500.00
1,988,038.65
EXHIBIT "B" I
Page 1 of 1
TABULAT ON OF BIDS Page 1 of 7
DEPARTMENT OF ENGINEERING CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineer zg Services
DATE: July 23, 2003 TIME OF COMPLETIC : 300 Calendar Days ENGINEERS ESTIMATE: $1,206,855.00
Sunnybrook/Evelyn/Gollihar/Kostoryz
W.T.
oung
Construction
Bay,
Ltd.
Jalco, Inc.
Area Street & Drainage Improvements
Phase 1
.0.
Box 9197
P.O. Box 9908
1
P.O.
Box 5685
Mansheim Area Drainage Improvements
Phase lA
Corpu
Christi, TX 78469
Corpus Christi, TX 78469
Houston, TX 77227
DESCRIPTION
QTY.
IINIT
UNI'
AMOUNT
UNIT
AMOUNT
UNIT
AMOUNT
PRIC
PRICE
PRICE
STREET WORK
A-1
Street Excavation
11,005
Sy
$10
J
$110,050.00
$10.00
$110,050.00
$10.00
$110,050.00
A-2
8" Flex Base (Limestone)
3,925
SY
$8
$34,343.75
$9.00
$35,325.00
$13.00
$51,025.00
A-3
Geogrid Reinforcement
3,925
SY
$4
1
$19,232.50
$2.50
F5, S12.50
$4.00-
$15, 7"i-00-
A-4
One Course Surface Treatment
3,500
SY
$1
3
$5,950.00
$4.50
$15,750.00
$4.00
$14,000.00
A-5
2 1/2" HMACP (TY D)
3,500
SY
$8
5
$30,975.00
$9.00
$31,500.00
$10.00
$35,000.00
A-6
Conc. Curb Ramp w/ Truncated Domes
1,030
SY
$22.
$23,072.00
$100.00
$103,000.00
$90.00
$92,700.00
A-7
Concrete Sidewalk
14,374
SF
$5
1
$79,057.00
$4.00
$57,496.00
$4.50
$64,683.00
A-8
Concrete Driveway
10,950
SF
$6
$87,600.00
$5.00
$54,750.00
$5.50
$60,225.00
A-9
Conc. Valley Gutter
210
SF
$8
D
$1,806.00
$8.50
$1,785.00
$9.00
$1,890.00
A-10
Unanticipated Header Curb
50
LF
$20.
„
$1,000.00
$25.00
$1,250.00
$16.00
$800.00
A-11
Unanticipated Sidewalk Removal
200
SF
$2.
0
$500.00
$3.00
$600.00
$2.00
$400.00
A-12
Unanticipated Driveway Removal
300
SF
$3.
0
$1,050.00
$4.00
$1,200.00
$2.00
$600.00
A-13
Unanticipated Curb Removal
100
LF
$3.
0
$350.00
$12.00
$1,200.00
$3.00
$300.00
A-14
Remove and Relocate Fence
40
LF
$30.
0
$1,200.00
$27.00
$1,080.00
$20.00
$800.00
A-15
Remove and Relocate Sign
7
EA
$380.
0
$2,660.00
$110.00
$770.00
$80.00
$560.00
TABULATION OF BIDS Page ' of 7
DEPARTMENT OF ENGINEERING - FOF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: July 23, 2003 TIME OF COMPLETION: 300 Calendar Days ENGINEER'S ESTIMATE: $1,206,855.00
Sunnybrook/Evelyn/_11ihar/Kostoryz
Area Street & Drainage Improvements Phase 1
Mansheim Area Draina a Improvements Phase 1A
W.T. Young Construction
P.O. Box 9197
Corpus Christi, TX 78469
Bay, Ltd.
P.O. Box 9908
Corpus Christi, TX 78469
Jalco, Inc.
P.O. Box 5685
Houston, TX 77227
DESCRIPTION
QTY.
[E]
NIT
ICE
AMOUNT
UNIT
PRICE
AMOUNT
UNIT
PRICE
AMOUNT
STREET WORK (COn't)
A-16
Survey Monument
4
EA
$270.00
$1,080.00
$70.00
$280.00
$500.00
$2,000.00
A-17
Ozone Day
1
DAY
$300.00
$300.00
$400.00
$400.00
$1,500.00
$1,500.00
SUB -TOTAL STREET WORK:
$400,226.25
$426,248.50
$451,833.50
TABULAT ON OF BIDS Page 3 of 7
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: -Angel R. Escobar, P.E., Director of Engineer-ag Services
DATE: July 23, 2003 TIME OF COMPLETIC : 300 Calendar Days ENGINEER'S ESTIMATE: $1,206,855.00
.i
O.N Sunnybrook/Evelyn/Gollihar/Kostoryz
W.T.
Dung
Construction
Bay, Ltd.
Jalco, Inc.
Area Street & Drainage Improvements
Phase 1
.0. Box 9197
P.O.
Box 9908
P.O.
Box 5685
Mansheim Area Drainage Improvements
Phase 1A
Corpu
Christi, TX 78469
Corpus
Christi, TX 78469
Houston,
TX 77227
DESCRIPTION
H.
UNIT
UNIT
'ICE
AMOUNT
UNIT
AMOUNT
UNIT
AMOUNT
PRICE
PRICE
DRAINAGE IMPROVEMENTS
13-1
Pavement Repair
1,300
SY
-.00
$68,900.00
$36.00
$46,800.00
$42.00
$54,600.00
B-2
51x5' Box Culvert
1,500
LF
$1
-.00
$367,500.00
$275.00
$412,500.00
$350.00
$525,000.00
B-3
6" Curb & Gutter
4,546
LF
.40
$51,824.40
$i3 -.Sb
-$61,371.00
$20.00
$90,-92ff :�0
B-4
18" RCP
856
LF
$
-1.00
$38,520.00
$55.00
$47,080.00
$72.00
$61,632.00
B-5
24" RCP
660
LF
$
..00
$35,640.00
$54.00
$35,640.00
$85.00
$56,100.00
B-6
30" RCP
130
LF
$
:.00
$9,360.00
$70.00
$9,100.00
$105.00
$13,650.00
B-7
48" RCP
750
LF
$1'.00
$96,000.00
$150.00
$112,500.00
$173.00
$129,750.00
B-8
Remove RCP 5 24
400
LF
$
�.00
$18,400.00
$15.00
$6,000.00
$4.00
$1,600.00
B-9
SET (18" RCP)(4:1)
4
EA
$6
2.00
$2,688.00
$660.00
$2,640.00
$800.00
$3,200.00
B-10
Sidewalk Drain
2
EA
$2
?.00
$600.00
$750.00
$1,500.00
$1,500.00
$3,000.00
B-11
5' Curb Inlet
15
EA
$2,0"i.00
$31,050.00
$2,600.00
$39,000.00
$1,800.00
$27,000.00
8-12
5' Curb Inlet Extension
4
EA
$7.1.00
$3,136.00
$600.00
$2,400.00
$750.00
$3,000.00
3-13
Type B Manhole with Post Inlet
2
EA
$2,5.
c�.00
$5,040.00
$3,700.00
$7,400.00
$4,500.00
$9,000.00
B-14
4' Diameter Manhole Risers
6
EA
$1,8J.00
$11,100.00
$3,000.00
;, $18,000.00
$2,000.00
$12,000.00
B-15
4' Diameter Manhole
2
EA
$2,1
1.00
$4,260.00
1 $3,500.00
$7,000.00
$2,500.00
$5,000.00
.i
TABULATION OF SIDS Page 4 of 7
DEPARTMENT OF ENGINEERING - OF CORPUS CHRISTI, TEXAS
TABULATED BY: -Angel R. Escobar, P.E., Director of Engineering Services
DATE: July 23, 2003 TIME OF COMPLETION: 300 Calendar Days ENGINEER'S ESTIMATE: $1,206,855.00
Sunnybrook/Evelyn/Gollihar/Kostoryz
W.T. Young Construction
Bay, Ltd.
Jalco, Inc.
Area Street & Drainage Improvements Phase 1
P.O. Box 9197
P.O. Box 9908
P.O. Box 5685
TX 77227
Mansheim Area Drainage Improvements Phase IA
corpus Christi, TX 78469
Corpus Christi, TX 78469
Houston,
DESCRIPTION
QTY.
UNIT
UNIT
AMOUNT
UNIT PRICE
AMOUNT
UNIT
AMOUNT
PRICE
PRICE
DRAINAGE IMPROVEMENTS (COn't)
B-16
Post Inlet
1
EA
$2,912.00
$2,912.00
$2,800.00
$2,800.00
$1,300.00
$1,300.00
B-17
Ditch Grate with 18" RCP Riser
6
EA
$2,576.00
$15,456.00
$2,800.00
$16,800.00
$1,000.00
$6,000.00
B-18
Ditch Cleaning and Regrading
2,500
LF
$3.4 -ft
$8,500
$b no
$12,500.00
---
--
B-19
Remove Manhole
2
EA
$1,570.00
$3,140.00
$1,200.00
$2,400.00
$380.00
$760.00
B-20
Trench Safety for Drainage
3,775
LF
$4.50
$16,987.50
$1.00
$3,775.00
$0.50
$1,887.50
B-21
Erosion Control by Spot Sodding
1,500
SY
$3.30
$4,950.00
$5.50
$8,250.00
$6.00
$9,000.00
700
LF
$5.00
$3,500.00
$4.60
$3,220.00
$1.50
$1,050.00
B-22
Silt Fence
SUE -TOTAL DRAINAGE IMPROVEMENTS:
$799,463.90
$865,676.00
$1,027,949.50
-4n
TABULA' ON OF BIDS Page 5 of 7
DEPARTMENT OF ENGINEERING CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Enginee ng Services
DATE: July 23, 2003 TIME OF COMPLETIc 300 Calendar Days ENGINEER'S ESTIMATE: $1,206,855.00
Sunnybrook/Evelyn/Gollihar/Kostoryz
W.T. You
Area Street & Drainage Improvements Phase 1
P.0
Mansheim Area Drainage Improvements Phase lA
CO us C`
Box 9197
DESCRIPTION
QTY.
UNIT
UNIT PRIC
P.O.
WATERLINES
isti, TX 78469
Corpus Christi, TX 78469
C-1
8" Waterline
2,000
LF
$23.0
C-2
8" Fittings
16
EA
$300.0
C-3
8"x8" Cross with 2 Blind
2
SA
S81B'<
Flanges & 2" Corp. Stops
C-4
81lx4" Reducer or 81lx6" Reducer
3
EA
$425.6
C-5
8" Gate Valve w/ Box
12
EA
$925.0
C-6
Fire Hydrant Assembly w/ 81lx6"
2
EA
$2, 750.0
$4,480.00
Tee
$150.00
$2,400.00
C-7
Remove & Relocate Fire Hydrant
1
EA
$1,700.0
$19nn
Assembly
$5.00_0➢
$I,Gnn
C-8
1" Waterline Service (>101)
20
EA
$875.0
C-9
1" Waterline Service (<10')
20
EA
$800.0
C-10
Trench Safety for Waterline
1,256
LF
$4.c
C-11
Exploratory Excavation Trench
100
LF
$11.0
C-12
Exploratory Excavation Spot
5
EA
$650.0
C-13
Water Utility Allowance
1
LS
$10,000.(
SDH -TOTAL WATRRLINES:
$810.00
Construction
Bay, Ltd.
Jalco, Inc.
Box 9197
P.O.
Box 9908
P.O.
Sox 5685
isti, TX 78469
Corpus Christi, TX 78469
Houston,
TX 77227
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
$46,000.00
$19.00
$38,000.00
$55.00
$110,000.00
$4,800.00
$280.00
$4,480.00
$150.00
$2,400.00
$1,62n
on
$6nn
nn----
$19nn
nO
$5.00_0➢
$I,Gnn
on
$1,275.00
$85.00
$255.00
$300.00
$900.00
$11,100.00
$1,000.00
$12,000.00
$630.00
$7,560.00
$5,500.00
$2,500.00
$5,000.00
$3,000.00
$6,000.00
$1,700.00
$810.00
$810.00
$1,400.00
$1,400.00
$17,500.00
$700.00
$14,000.00
$800.00
$16,000.00
$16,000.00
$500.00
$10,000.00
$600.00
$12,000.00
$5,652.00
$1.00
$1,256.00
$0.25
$314.00
$1,100.00
$18.00
1,800.00
$50.00
$5,000.00
$3,250.00
$450.00
$2,250.00
$400.00
$2,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$125,497.00
$101,051.00
$174,574.00
_0m
�X
CD _
CD -
o' W /
� C7
TABULATION OF BIDS Page ' of 7
DEPARTMENT OF ENGINEERING - ' OF CORPUS CHRISTI, TEXAS
TABULATED BY. 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: July 23, 2003 TIME OF COMPLETION: 300 Calendar Days ENGINEER'S ESTIMATE: $1,206,855.00
Sunnybrook/Evelyn/Gollihar/Kostoryz
W.T. Young
Construction
Bay,
Ltd.
'.7alco, Inc.
Area Street & Drainage Improvements
Phase 1
P.O.
Box
9197
P.O.
Box 9908
P.O.
Box
5685
Mansheim Area Drainage Improvements Phase 1A
Corpus Christi, TX 78469
Corpus Christi, TX 78469
Houston,
TX 77227
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
SANITARY SEWER IMPROVEMENTS
D-1
11" Sanitary Sewer (6'-8' Cut)
302
LF
$54.00
$16,308.00
$43.00
$12,986.00
$95.00
$28,690.00
D-2
8" Sanitary Sewer (6'-8' Cut)
498
LF
$52.00
$25,896.00
$40.00
$19,920.00
$75.00
$37,350.00
D-3
8" Sanitary Sewer (8'-10' Cut)
825
LF
$62.00
$51,150.00
$43.00
$35,475.00
$85.00
$70,125.00
4' Diameter Sewer Manhole
6
EA
$2, 600
CO
$15,600.00
$2,200.00
$13,200.00
$3,000.00
$18,000.00
D-4
(Fiberglass)
D-5
Extra Depth for Manholes
6
VF
$510.00
$3,060.00
$420.00
$2,520.00
$120.00
$720.00
D-6
4" Sanitary Sewer Service
40
EA
$1,288.00
$51,520.00
$600.00
$24,000.00
$800.00
$32,000.00
D-7
Trench Safety for Sanitary
1,625
LF
$7.90
$12,837.50
$1.00
$1,625.00
$0.50
$812.50
Sewer Mains
D-8
Grout Fill Abandoned Sewerlines
1,525
LF
$9.00
$13,725.00
$11.00
$16,775.00
$5.00
$7,625.00
Abandon Existing Sanitary
2
EA
$1,070.00
$2,140.00
$900.00
$1,800.00
$700.00
$1,400.00
D-9
Manholes
D-10
Remove Exist Sanitary Manhole
2
EA
$1,070.00
$2,140.00
$1,200.00
$2,400.00
$400.00
$800.00
D-11
Exploratory Excavation Trench
100
LF
$15.00
$1,500.00
$36.00
$3,600.00
$80.00
$8,000.00
D-12
Exploratory Excavation Spot
5
EA
$620.00
$3,100.00
$450.00
$2,250.00
$700.00
$3,500.00
D-13
I Wastewater Utility Allowance
1
L$,
$10,000.00.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
SUB -TOTAL SANITARY SEWER IMPROVEMENTS:
$208,976.50
$146,551.00
$219,022.50
TABULA- ON OF BIDS Page 7 of 7
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BYs 'Angel R. Escobar, P.E., Director of Engines-, ng Services
DATE: July 23, 2003 TIME OF COMPLETI( *: 300 Calendar Days ENGINEER'S ESTIMATE: $1,206,855.00
Sunnybrook/Evelyn/Gollihar/Kostoryz
Area Street & Drainage Improvements Phase 1
Mansheim Area Drainage Improvements Phase lA
W.T. Young Construction
P.O. ox 9197
Corpus Chr ati, TX 78469
Bay, Ltd.
P.O. Box 9908
Corpus Christi, TX 78469
,Jalco, Inc.
P.O. Box 5685
Houston, TX 77227
BASE BID
SUB -TOTAL STREET WORK:
$400,226.25
$426,248.50
$451,833.00
SUB -TOTAL DRAINAGE IMPROVIDUMS:
$799,463.90
$865.,h7f,_IlO_.
$1,027,949.50_
SUB -TOTAL WATERLINES:
$125,497.00
$101,051.00
$174,574.00
SUB -TOTAL SANITARY SEWER IMPROVEMENTS:
$208,976.50
$146,551.00
$219,022.50
TOTAL BASE BID:
$1,534,163.65
$1,539,526.50
$1,873,379.00
x
-o m
mX
CD =
V 03 ^i
O -I
v n
AY£R$
I SUNNYBROOK/EVELYN/GOLLIHAR/KOSTORYZ
AREA STREET IMPROVEMENTS, PHASE 1
MANSHT. EM AREA DRAINAGE IMP., PHASE lA
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI
DEPARTIvENT OF' ENGIN~RING SERVICES
PAGE: I of 1
DATE: 08J20/2005
ORDINANCE
APPROPRIATING $182,667.76 IN UNAPPROPRIATED INTEREST EARNINGS
FROM WATER 1994 Clp FUND 4082 AND APPROPRIATING IN WATER ClP
FUND 4082 FOR SUNNYBROOK/ EVELYN/GOLLIHAR/ KOSTORYZ AREA
STREET AND DRAINAGE IMPROVEMENTS ~HASE I AND MANSHEIM AREA
DRAINAGE iMPROVEMENTS PHASE IA, AMENDING FY 2002-2003
CAPITAL BUDGET ADQPTED BY ORDINANCE NO. 025144 TO INCREASE
APPROPRIATIONS BY $182,667.76; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPU,~ CHRISTI. TEXAS:
SECTION 1. That $182,667.76 [rom the unappropriated interest earnings from Water 1994
ClP Fund 4082 is appropriated in Water CIP Fund 4082 for the SunnybrooldEvelyn/
Gollihar/Kostoryz area street and drainage improvements Phase lA.
SECTION 2. That the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is
amended to increase appropriations by $182,667.76.
SECTION 3. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and de~lares an emergency due to the need for immediate act on
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 measur
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa,
City Secretary
APPROVED: August 20, 2003
Lisa Aguilar ~
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
City of
Corpus
Christi