HomeMy WebLinkAboutAgenda Packet City Council - 06/08/2004CITY COUNCIL AGENDA
JUNE 8, 2004
Corpus Christi
Ail-America City
11:45 A.M. - Proclamation declaring the week of June 5-12, 2004 as "National NeighborVVorks
Week"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JUNE 8, 2004
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND AC TIVA TED PA GERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeb'ng, whichever is earlier. Please speak into the microphone located at the podium and stale your name
and address. Your presentation will be limitad to three minu~es. If you have a peEtlen or other tnformation pertaining to your
subject, please present ~t to ~he City Secretary.
Si Ustad desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~J un int~rprete ingl~)s.-espal~ol en todas las juntas
del Concilio para ayudarle.
Persons with disabililies who plan to attend ~his meeting and who may need auxiliary aids or services are requested to
contact the Cfiy Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Reverend E. F. Bennett.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Rex Kinnison
Council Members:
Brant Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of May 25, 2004. (Attachment # 1)
Agenda
Regular Council Meeting
June 8,2004
Page 2
F. BOARDS & COMMI'I-FEE APPOINTMENTS:
Civil Service Board/Commission
Commission on Children and Youth
C. C. Regional Transportation Authodbj
Food Service Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items ara listed
as motions, rasolutJons, or ordinances. If deemed appropdate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
ratherthan a two reading ordinance; or may modify the action specified,
A motion to reconsider may be made at this meeting of a vote at the
last ragular, or a subsequent special meeting; such agendas are
incorporated herein for reconsidera~on and action on any reconsidered
item.
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CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support matedal on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence aflerthe items not
requiting separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS.'
(At this point the Council will vote on afl motions, resolutions and ordinances not
removed for indMdual consldecation)
Motion approving supply agreements for lubricating oils, greases
and antifreeze in accordance with Bid Invitation No. B1-0051-04,
with the following companies for the following amounts. Awards
are based on Iow bid and Iow bid meeting specifications for an
estimated annual expenditure of $92,574.48 of which $15,429.08
is budgeted in FY 2003-2004. The term of the agreement shall
be for twelve months with an option to extend for up to two
CITY COUNCIL
PRIORITY ISSUES
(Refer ~ lege~:l at the end ol' Ihe
agenda summary)
Agenda
Regular Council Meeting
June 8,2004
Page 3
additional twelve-month pedods subject to the approval of the
suppliers and the City Manager or his designee. Funds have
been budgeted by using departments in FY 2003-2004.
(Attachment # 3)
Amold Oil Company, Inc.
Corpus Chdsti, TX
Groups: 4.0, 5.0, 6.0,
9.0, 11.0 and 13.0
$44,839.20
Oil Patch Petroleum, Inc.
Comus Chdsti. TX
Groups: 3.0, 8.0, 10.0
14.0 and 15.0
$28,308
Arguindegui Oil Co. II LTD.
Corpus Chdsti, TX
Group: 7.0
$8,304
Leyendecker Oil, Inc.
Comus Chdsfi. TX
Groups:l.0,2.0 and 12.0
$11,123.28
Grand Total: $92,574.48
Motion approving a supply agreement with SBC Global Services,
Inc., of Corpus ChdstJ, Texas for local telephone service, long
distance telephone service and intemet services based on
Request for Proposal No. BI-0139-03 for an estimated three year
expenditure of $729,802.38 of which $40,709.41 is budgeted for
the remainder of FY 2003-2004. The term of the agreement is
three years with an option to extend the contract for up to two
additional twelve-month pedods subject to the approval of the
contractor and the City Manager or his designee.
(Attachment # 4)
Motion approving a supply agreement with SBC Global Services,
Inc., of Corpus Christi, Texas for data connection services based
on the Cooperative Purchasing Agreement with the State of
Texas for an estimated two year expenditure of $92,640 of which
$7,720 is budgeted for the remainder of FY 2003-2004. The term
of the agreement is for two years with an option to extend the
contract for up to three additional twelve-month periods subject
to the approval of the contractor and the City Manager or his
designee. (Attachment#4)
CI'I'Y COUNCIL
PRIORITY ISSUES
(Refe~ lo legend at the end ~' ~e
agenda summary)
Agenda
Regular Coundl Meeting
June 8,2004
Page 4
.8.
6.5.
Resolution authorizJng the City Manager or his designee to accept
a grant from the Texas Department of Transportation for an
Impaired Driving Mobilization Selective Traffic Enforcement
Project (STEP) grant for DWI enforcement within the Police
Department and to execute all related documents.
(Attachment # 5)
Ordinance appropriating $25,000 from the Texas Department of
Transportation for funding of an Impaired Driving Mobilization
Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime within the Police Department in the No_
1061 Police Grants Fund. (Attachment # 5)
Resolution authorizing the City Manager or his designee to accept
an amendment for a grant increase in the amount of $70,632 to
grant contract No. 470-04004 with the Texas State Library and
Archives Commission to augment funds to allow the purchase of
library materials for fifty-two (52) member libraries and to continue
basic operations of the South Texas Library System.
(Attachment # 6)
Ordinance appropriating an additional $70,632 in an amendment
to contract No. 470-04004 from the Texas State Library and
Archives Commission in the No. 1068 Libraries Grant Fund to
augment funds to allow the purchase of library materials for fifty-
two (52) member libraries and to continue basic operations of the
South Texas Library System. (Attachment # 6)
Motion authorizing the City Manager or his designee to execute
a Construction Contract with Jalco, Inc., of Houston, Texas in the
amount of $5,355,307.30 for the Northside/Port Ama
Infrastructure Improvements. (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
Change Order No. 1 to a Construction Contract with Jalce, Inc.,
of Houston, Texas in the amount of $317,479.10 for the
Northside/Port Area Infrastructure Improvements.
(Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Rel'er to Isgend a/6~e end of U~e
agenda surnmary)
Agenda
Regular Council Meeting
June 8,2004
Page 5
10.a.
10.b.
Motion authorizing the City Manager or his designee to execute
an Inspection Services Contract with Gotdston Engineering, Inc.,
of Corpus Chdsti, Texas in an amount not to exceed $260,000 for
the Northside/Port Area Infrastructure Improvements and Resaca
Lift Station and 48" Wastewater Gravity Line projects.
(Attachment # 7)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with
LNV Engineering, Inc., of Corpus Chdsti, Texas in the amount of
$107,650, for a total restated fee of $229,850 for the Area Street
and Drainage Improvements along the following streets:
(bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz)
(Attachment # 8)
Helen - Stage 2, Phase 2B
Theresa - Stage 2, Phase 2B
Motion authorizing the City Manager or his designee to execute
a construction contract with Garrett construction, of Ingleside,
Texas in the amount of $514,130.60 for the Lake View Ddve
Drainage Improvements project. (Attachment # 9)
Ordinance appropdating $337,626.46 from the unappropdated
bond proceeds and unapprepdated interest earnings in Water
1994 Capital Improvement Program Fund No. 4081 for the North
Navigation Pumping Plant Contract No. 3 - 36" Diameter Water
Transmission Main; amending Capital Budget adopted by
Ordinance No. 025647 by increasing appropriations by
$337,626.46. (Attachment # 10)
Motion authorizing the City Manager or his designee to execute
Change Order No. 8 with Jalco, Inc., of Houston, Texas in the
amount of $376,541 for the North Navigation Boulevard Pumping
Plant contract No. 3 - 36" Diameter Water Transmission Main
(North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant). (Attachment # 10)
CITY COUNCIL
PRIORITY ISSUES
(Rei'er to legend at the end of Ule
age~da summa~)
Agenda
Regular Council Meeting
June 8, 2004
Page 6
11.
12.
13.a.
13.b.
14.
15.
16.
Motion authorizing the City Manager or his designee to execute
a Utility Easement Instrument with Frank T. Shumate, Jr. for
Parcel 402B, in the total amount of $30,000, necessary for the
Southside Water Transmission Main, Phase 4, Project 8390, and
for other municipal purposes. (Attachment # 11)
Motion authorizing the City Manager or his designee to execute
a Utility Easement Instrument with Patdcia Ray Peterson Nuss
and Christy Ann Peterson Brown for Parcel 443, in the total
amount of $87,659, necessary for the Southside Water
Transmission Main, Phase 4a, Project 8425 and for other
municipal purposes. (Attachment # 12)
Ordinance appropriating $1,857,606.51 from unappropriated
bond proceeds and unappropriated interest earnings in Water
1995 Capital Improvement Program Fund No. 4082 for the Padre
Island Pumping Plant Improvements project; amending Capital
Budget adopted by Ordinance No. 025647 by increasing
appropriations by $1,857,606.51. (Attachment # 13)
Motion authorizing the City Manager or his designee to execute
Change Order No. 6 with Laughlin-Thyssen, Inc. of Houston,
Texas in the amount of $1,816,491.94 for the Padre Island
Pumping Plant Improvement project. (Attachment # 13)
Ordinance appropriating $2,981,691 _76 in unappropriated bond
proceeds in Fund No. 3430 Wastewater Capital Improvement
Program to fund vadous approved wastewater capital projects;
amending Capital Budget adopted by Ordinance No. 025647 by
increasing appropriations by $2,981,691.76. (Attachment # 14)
Motion authorizing the City Manager or his designee to execute
Change Order No. I to a construction contract with Ramos
Industries, of Pasadena, Texas in the amount of $75,984 for
Force Main Repairs/Replacement Line C, Phase 2 - Kenith Circle
to Cimarron Boulevard. (Attachment # 15)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 for engineering services with LNV Engineering,
of Corpus Chdsti, Texas for a total fee not to exceed $361,816 for
the Water System Interactive Hydraulic Model and Analysis
Project. (Attachment # 16)
CITY COUNCIL
PRIORITY ISSUES
(Rear to Isgend al Ifle end of Ihe
agenda sumrn~'y)
Agenda
Regular Council Meeting
June 8,2004
Page 7
17.
18.
19.
20.
21.
22.
Motion authorizing the City Manager or his designee to execute
Change Order No. 10 for the Multi-Purpose Arena in the amount
of $93,457 with Fulton Coastcon, Joint Venture, of Corpus Chdsti,
Texas for various architectural, electrical, mechanical and
structural modifications. (Attachment # 17)
Motion authorizing the City Manager or his designee to execute
Change Order No. 9 with Moorhouse/Beecroft, Joint Venture,
LLC, of Corpus Christi, Texas in the amount of $281,478 for the
Convention Center Expansion and RehabilitaUon for various
architectural, electrical, mechanical, structural and other
modifications. (Attachment # 18)
Ordinance authorizing the issuance of a beach festival permit to
Clear Channel Communications, Inc. for "C Sculptures," on the
Gulf Beach at Newport Pass County Park_ (Attachment # 19)
Ordinance abandoning and vacating a 2,682-square foot portion
of a 10-foot wide utility easement out of Lots 24-25, Block 5,
Saxet Heights No. 2 and Lot 1, Saxet Community Center Annex
"A"; requiring the owner, Corpus Christi Independent School
District, to comply with the specified conditions and replat the
property within 180 days at owner's expense.
(Attachment # 20)
Second Reading Ordinance - Amending the Code of Ordinances,
Chapter 9, Aviation, Section 9-32, Trespass Upon Runways,
Ramps, Taxiways, etc; providing for cdminal penalties; and
establishing an effective date. (First Reading 05/25/04)
(Attachment # 21)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0504-01, Robert D. Dickson, Jr.: A change of zoning
from a "R-lB" One-family Dwelling Distdct to an "1-2" Light
Industrial District. The property is in Noakes Partition, being 4.90
acres out of Tract 4, located on the north side of Up River Road
(Interstate Highway 37), approximately 400 feet west of Violet
Road. (Attachment#22)
CITY COUNCIL
PRIORITY ISSUES
(Re,'er b3 legend al 83e end ~ Ihe
agenda summary)
Agenda
Regular Council Meeting
June 8,2004
Page 8
23.
Planning Commission and Staff's Recommendation: Denial of
the "1-2" Light Industrial District, and in lieu thereof, approval of a
"B-4" General Business District with a Special Permit for
warehouses and limited outside storage subject to a site plan and
four (4) conditions.
ORDINANCE
Ordinance amending the Zoning Ordinance, upon application by
Robert D. Dickson, Jr., by changing the zoning map in reference
to 4.90 acres out of Tract 4, Noakes Partition from "R-lB" One-
family Dwelling District to "B-4" General Business District with a
Special Permit for warehouses and limited outside storage
subject to a site plan and four (4) conditions; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
Case No. 0504-02. Farrell M, Smith: A change of zoning from an
"1-2' Light-Industrial District to an "1-3" Heavy Industrial District.
The property is in H. B. Shepard Farm Lots, being 10 acres out
of Lot 9, located along Bronco Road and 3,050 feet north of State
Highway 44. (Attachment # 23)
Planning Commission and Staff's Recommendation: Denial of
the "1-3" Heavy Industrial District, and in lieu thereof, approval of
an "1-2" Light-lndusthal Distdct with a Special Permit for an
asphalt concrete mixing plant with aboveground fuel tanks and
storage, subject to a site plan and four (4) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Farrell M.
Smith, by changing the zoning map in reference to H. B. Shepard
Farm Lots, being 10 acres out of Lot 9, (currently zoned "1-2"
Light-Industrial District) by granting a Special Permit for an
asphalt concrete mixing plant with aboveground fuel tanks and
storage, subject to a site plan and four (4) conditions; amending
the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan_
CITY COUNCIL
PRIORITY ISSUES
(Refer [o leg.'rd at Ihe e~-~:l of b'~e
agenda summary)
Agenda
Regular Council Meeting
June 8,2004
Page 9
CRIME CONTROL AND PREVENTION DISTRICT:
24.
Public Headng on the FY2004-2005 Budget adopted by the Cdme
Control and Prevention Disthct Board of Directors.
(Attachment # 24)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
25.
Overview of Flicks in the City, a joint venture between the City of
Corpus ChdstJ, Corpus Chdsfi Focus, an independent
organization interested in the development of downtown, and the
Downtown Management District (DMD). (Attachment # 25)
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REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES:
26.
Motion authorizing the City Manager or his designee to execute
an Architectural/Engineering Services Contract with Pierce,
Goedwin, Alexander and Linville (PGAL), Inc., of Dallas, Texas in
an amount not to exceed $1,375,025 for multiple Airport
Improvement Projects including Runway 13/31 Rehabilitation,
Oveday, Blast Pads, Shoulders and Edge Lighting; Airfield
Drainage Improvements Phase 3; Runway 13 Localizer
Relocation; and the Corpus Christi International Airport Master
Plan Update. (Attachment # 26)
27.
Resolution by the City Council of the City of Corpus Chdsti,
Texas, directing publication of notice of intention to issue
Combination Tax and Revenue Certificates of Obligation, Sedes
2004; and resolving other matters relating to the subject.
(Attachment # 27)
28_
Ordinance providing for the issuance of the General Improvement
Refunding Bonds, Series 2004, of the City of Corpus Chdsti,
Texas in an amount not to exceed thirty million dollars
($30,000,000); establishing parameters regarding the sale of the
bonds; approving the execution of a bond purchase contract and
an escrow agreement; and all other matters related thereto; and
providing that this ordinance shall be in force and effect from and
after the date of its passage. (Attachment # 28)
CITY COUNCIL
PRIORI'FY ISSUES
(Refer [o legend at U~e end oi' Ihe
age~la sume~ry)
Agenda
Regular Council Meeting
June 8, 2004
Page 10
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29.
30.
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EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the fo/lowing matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session under Texas Government Code Sec'don
551.071 regarding the Ci[y's proposed Detention and Magistration
Center with possible discussion and action related thereto in open
session.
Executive session under Texas Government Code Section
551.071 regarding Hector Villarreal, Corpus Chdsti Association
of City Employees, and Stan Wilt v. City of Corpus Chdsti and
Loyd Neal; Cause No. 02-0868-E; 214"' Judicial Distdct court,
Nueces County, Texas, with possible discussion and action
related thereto in open session.
SPECIAL BUDGET PRESENTATION:
Update of Five-Year General Fund Financial Forecast and
Overview of FY 2004-2005 General Fund Proposed Budget.
(Attachment # 31 )
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
mcorcling is made of the meeting; them[ore, please speak into the microphone
Iocat~l at the podium and state your name and address. If you have a petition
or other inforrnatJon pertaining to your subject, please present it to Ele City
Secretary.)
CITY COUNCIL
PRIORITY ISSUES
agenda summary)
Agenda
Regular Council Meeting
June 8,2004
Page 11
Si usted se dlrige a la junta y cree que su ingl~s es limitado, habr~ un Inl~rprete
ingl~s-esparto/ en la reuni6n de la junla para ayudade.
PER CITY COUNCIL POLIC Y, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
32. CITY MANAGER'S REPORT
33.
34.
P.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on Ihe City's o~ficial bulletin board at Ihe ~ron{ entrance
[o Cib/ Hall, 1201 Leopard Street, at ~ ~'~ ~ p.m_,
~ ~ ,2oo4
City Secretary
Cl'l'~ COUNCIL
PRIORrrY ISSUES
(Re,er lo legend at the end ~ the
age~da summaq)
Agenda
Regular Council Meeting
June 8,2004
Page 12
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action Item that implement
council pdodty Issues.
CITY COUNCIL
PRIORITY ISSUES
(Re~- I~ lege~:l at ~e end of I~e
agenda sumrna~)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 25, 2004 - 10:05 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Rex Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
Cit~ Surf:
City Manager George K. Noe
City Attorney Mary Kay Fischer
Assistant City Secretary Mary Juarez
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Evangelist Napoleon Johnson of Faith Mission Outreach and the Pledge
of Allegiance to the United States flag was led by Council Member Colmenero_ Assistant City
Secretary Juarez called the roll and verified that the necessary quorum of the Council and the
required charter officers were present to conduct the meeting_ Mayor Neal called for approval of
the minutes of the regular Council meeting of May 18, 2004_ A motion was made and passed to
approve the minutes as presented.
Mayor Neal called for consideration of the consent agenda (Items 2-10). Assistant City
Secretary Juarez announced that Council Member Noyola would be abstaining fi.om the vote and
discussion on Item 7_ There were no comments fi-om the audience_ A motion was made and passed
to approve Items 2 through 10. Assistant City Secretary Juarez polled the Council for their votes
as follows:
2. MOTION NO. 2004-203
Motion authorizing the City Manager or his designee to execute a construction contract with
R.S_ Black Civil Eng/neers of Corpus Christi, Texas in the amount of $486,000 for the
Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 25, 2004 - Page 2
MOTION NO. 2004-204
Motion authorizing the City Manager or his designee to execute a construction contract with
C. W. Campbell Electric, Inc. of Corpus Christi, Texas in the amount of $239,292 for the
O.N. Stevens Water Treatment Plant On-going Instrument Maintenance Program FY 2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye".
4.a. MOTION NO. 2004-205
Motion authorizing the City Manager or his designee to reinstate and amend the scope of
work for the FY 2002 Emergency Shelter Grant Gulf Coast Council of La Raza agreement
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
4.b. MOTION NO. 2004-206
Motion authorizing the City Manager or his designee to amend the scope of work for the FY
2003 Emergency Shelter Grant Gulf Coast Council of La Raza agreement.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
5.a. ORDINANCE NO. 025764
Ordinance appropriating $30,020.92 fi.om Barclay Grove Unit 9, developer's contribution
to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No.
024130, which appropriated the Trust Funds, by adding $30,020.92 to the No. 4730
Infrastructure Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
5.b. MOTION NO. 2004-207
Motion approving payment of $30,020.92 developer's contribution from Barclay Grove Unit
9 from the No. 4730 Infrastructure Fund to Mark Bratton, Estate Trustee, for disbursement
to the appropriate Funding Owners, in accordance with the Offsite Drainage Development
Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 25, 2004 - Page 3
ORDINANCE NO. 025765
Ordinance abandoning and vacating a 1,484-square foot portion of a 1 O-foot wide utility
easement between Lots 1-3, and Lots 50-52, Block A, Don Patficio; requiring the owner,
Daniel J. Thornton to comply with the specified conditions and replat the property within
180 days at owner's expense.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
7.a RESOLUTION NO. 025766
Resolution authorizing the City Manager or his designee to accept a Federal Aviation
Administration Entitlement Grant, Grant No. 36, in an amount not to exceed $8,218,378 for
the following projects: Update Airport Master Plan Study; Rehabilitate Runway 13/31, Phase
1; and acquire 1,500 gallon aircraft rescue and fire fighting vehicle
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained.
7 b. ORDINANCE NO. 025767
Ordinance appropriating an amount not to exceed $8,218,378 from the Federal Aviation
Administration Grant No. 36 in the Airport Capital Improvement Program Grants Fund No.
3020 for the following projects: Update Airport Master Plan Study; Rehabilitate Runway
13/31, Phase 1; and acquire 1,500 gallon aircraft rescue and fire fighting vehicle; amending
FY2003-2004 Capital Budget to increase appropriations by $8,218,378_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott,
voting "Aye"; Noyola abstained.
ORDINANCE NO. 025768
Ordinance authorizing the City Manager or his designee to execute a Use Agreement with
P.A.L.S. Funds, Inc. relating to construction and donation of improvements to Dan
Whitworth Park.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
M in u rcs - Regular Council Meeting
May 25, 2004- Page 4
9. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 9, Aviation, Section 9-32, Trespass Upon
Runways, Ramps, Taxiways, etc; providing for criminal penalties; and establishing an
effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
10. ORDINANCE NO. 025769
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V,
Code of Ethics, Section 2-311, Standards, Provisions for Former Employees, Subsection 21_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No, 0304-06, Shoreline Oaks: A change of zoning from a "T-lB" Manufactured Home
Park District and "B -4" General Business District to a "R- 1C" One-family Dwelling District.
The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 40, being
14.763 acres out of Lot 7, and being 5.509 acres out of Greentrec Recreational Vehicle Park
Unit 1, located south of the Division Road extension and west of Flour Bluff Drive.
Assistant City Secretary Juarez said the Planning Commission and staff`recommended the
approval of the "R-1 C" One-family Dwelling District.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Garrett, and passed. Ms. Juarez polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
May 25, 2004 - Page 5
11. ORDINANCE NO. 025770
Amending the Zoning Ordinance, upon application by Shoreline Oaks, by changing the
zoning map in reference to 14.763 acres out of Lot 7, Section 40, Flour Bluffand Encinal
Farm and Garden Tracts and 5.509 acres out of Greentree Recreational Vehicle Park Unit
1, from "T-lB" Manufactured Home Park District and "B-4" General Business District to
"R- 1 C" One-family Dwelling District; amending the Comprehensive Plan to account for any
deviations fi'om the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-06. Gene Graham: A change of zoning from a "F-R" Farm-Rural District to
a "RE" Residential Estate District. The property is in Laureles Farm Tracts, being 47.963
acres out of Sections A and 31, located between South Oso Parkway and County Road 41
and north of Farm to Market 2n?.~. (South Staples Street)
Assistant City Secretary Juarez said the Planning Commission and staff recommended the
approval of the "RE" Residential Estate District.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Ms Cooper, and passed. Ms_ Juarez polled the Council for their
votes as follows:
12. ORDINANCE NO. 025771
Amending the Zoning Ordinance, upon application by Gene Graham by changing the zoning
map in reference to Laureles Farm Tracts, being 47.963 acres out of Sections A and 31 from
"F-R" Farm-Rural District to "RE" Residential Estate District; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-07, Staples Timbergate Associates: A change of zoning from a "R-lB" One-
family Dwelling District and "A-I" Apartment House Dislxict to a "B-4" General Business
District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, being 7_97
acres out of Section 11, Lot 16, located at the northeast comer of South Staples SWeet and
County Road 26-A (Timbergate Drive)_
Minutes - Regular Council Meeting
May 25, 2004 - Page 6
Assistant City Secretary Juarez said the Planning Commission recommended the approval
of the "B4" General Business District, and staff recommended the denial of the "B-4" General
Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District.
Assistant Director of Development Services Michael Gunning explained that staffdiffered
with the Planning Commission's recommendation for several reasons_ First, he said the applicant
was proposing to construct a 40,000 square-foot retail center over three years. He said by planning
standards, a retail center of this size would be considered a neighborhood shopping center, and thus
~vould warrant a "B-I" zoning designation. Second, he said there was residential zoning
immediately to the south that was undeveloped, and multi-family zoning to the east. Thtrd, staff was
concerned that the "B-4" district would allow for auto-repair, bars, lounges, and taverns, as well as
an increase in signage for the Staples Street corridor, which could pose a problem for future
residential neighborhoods in the area. Mr. Gunning noted, however, that statTwas developing a
comprehensive sign code amendment to address the "B-4" signage concern.
Mayor Neal called for public comment. Mr. Hutch Bryant, the applicant's representative,
spoke in support of the Planning Commission's recommendation for the approval of the "B-4"
General Business District.
Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed.
Mr. Scott noted that the city had not received any letters in opposition to the zoning change, and he
did not think the application should be denied due to signage issues. He spoke in support of the
Planning Commission's recommendation. Ms. Cooper also spoke in support of the Planning
Commission's recommendation. Ms. Juarez polled the Council for their votes as follows:
13. ORDINANCE NO. 025772
Amending the Zoning Ordinance, upon application by Staples Timbergate Associates by
changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts,
Section 11, being 7.97 acres out of Lot 16 from "R-lB" One-family Dwelling Dmtrict and
"A-I" Apaxtment House District to "B-4" General Business District; amending the
Comprehensive Plan to account for any deviations fi-om the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-08, Ross and Judith Sisson: A change of zoning from a "B-2" Bayfi'ont
Business District to an "I-2" Light Industrial District. The property is in Flour Bluffand
Encinal Farm and Garden Tracts, Section 54, being 1_399 acres out of Lot 23 and Gadwell
Addition, Block 1, Lots 2 and 3, located on the southwest comer of Gadwell Street and
Laguna Shores Road.
Assistant City Secretary Juarez said the Planning Commission and staffrecommended the
Minutes - Regular Council Meeting
May 25, 2004 - Page 7
denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for a kennel/animal
rescue facility subject to a site plan and nine (9) conditions.
Mr. Gunning stated that staff was amending the ordinance to delete the wording in Condition
2 reading that "No more than six (6) dogs, cats, or rabbits may be kept inside the residence/office
or in the animal grooming salon."
Mayor Neal asked for public comment. Ms. Judy Sisson, the applicant, asked for an
additional amendment setting the limit on the maximum number of birds, cats, dogs, and rabbits in
the facility not to exceed a total of 120, rather than setting a limit of 30 animals per species as in the
proposed ordinance, because it would allow them more flexibility Director of Development
Services Barbara Bailey proposed an alternative amendment allowing for no more than 60 of any
species at one time, not to exceed a total of 120 animals. Ms. Sisson was in agreement with Ms.
Bailey's proposal.
A motion was made, seconded, and passed to close the public hearing. Mr. Chesney made
a motion to amend the ordinance as proposed by staff`, seconded by Ms. Cooper. The motion to
amend passed unanimously. Assistant City Secretary Juarez polled the Council for their votes as
follows:
14. ORDINANCE NO. 025773
Amending the Zoning Ordinance, upon application by Ross and Judith Sisson, by changing
the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 54,
being 1_399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, (currently
zoned "B-2" Bayfi'ont Business Districo by granting a special permit for a kennel/animal
rescue facility subject to a site plan and nine (9) conditions; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved as
mended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-09, Myers Real Estate Company: A change of zoning fi.om an "AB"
Professional Office District with a "SP" Special Permit to a "B-1" Neighborhood Business
District. The property is in River Forest acres, Block J, Lot 28, located at the intersection
of United State Highway 77 access road and Calallen Drive.
Assistant City Secretary Juarez said the Planning Commission and staffrecommended the
approval of the "B- 1" Neighborhood Business District
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Kelly, and passed. Assistant City Secretary Juarez polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
May 25, 2004 - Page 8
15. ORDINANCE NO. 025774
Amending the Zoning Ordinance, upon application by Myers Real Estate Company by
changing the zoning map in reference to River Forest Acres, Block J, Lot 28, fi.om "AB/SP'
Professional Office District with a special permit to "B-I" Neighborhood Business District;
amending the Comprehensive Plan to account for any deviations fi.om the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-10, Texas Cable Partners, L.P.: A change of zoning from a "R-lB" One-
family Dwelling District to a "B-I" Neighborhood Business District. The property is in
Center View Subdivision, Block 1, Lot 2, located between Elgin Street and Green~vood
Drive.
Assistant City Secretary Juarez said the Planning Commission and staffrecommended the
approval of the "B- 1" Neighborhood Business District_
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. Assistant City Secretary Juarez polled the
Council for their votes as follows:
16. ORDINANCE NO. 025775
Amending the Zoning Ordinance, upon application by Texas Cable Parmers, L. P. by
changing the zoning map in reference to Center View Subdivision, Block 1, Lot 2, fi'om "R-
IB'' One-family Dwelling District to "B- 1' Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal opened discussion on Item 17, the first reading of the proposed vacant building
ordinance. Assistant City Manager Margie Rose stated that staff`had provided an brief overview of
the proposed ordinance on April 13, 2004. She said today's discussion would focus on the changes
made to the ordinance after staff's meeting with the Board of Realtors_
Assistant City Manager Rose said the first change was to Section 13o2003 of the ordinance,
which provided a list of exceptions to the ordinance. Ms_ Rose stated that staffadded this section
Minutes - Regular Council Meeting
May 25, 2004 - Page 9
because it was unclear to the Board of Realtors if there were any exceptions. She explained that an
unoccupied building that was not considered a vacant building under the criteria defined in Section
13-2002 of the ordinance, and that was secured by normal means (e.g. locks, security systems, and
storm shutters), could be exempted from the provisions of the ordinance under the following
conditions: being offered for sale or rent by the owner or property manager; being converted to
another use authorized by its certificate of occupancy; and/or being modified or altered for another
occupancy classification.
Assistant City Manager Rose reported that the second change was in Section 13-2007
regarding the vacant building plan and timetable. She said Subsection (a) required the owner ora
vacant building or structure to submit a plan and timetable for: 1) returning the building or structure
to a lawful occupancy and use; 2) demolishing the building or structure; 3) rehabilitation of the
building or structure; and 4) measures that will be taken to ensure that a vacant building or structure
retained for investment purposes, does not adversely affect the property values of adjacent property.
She said staff added the fourth item regarding the measures to protect the property values of adjacent
property because it was an especially important consideration in the process. In addition, Ms. Rose
stated that a Subsection ( c ) was added to specify the methods to be used to secure the building or
structure. She noted that these sections were in the original proposed ordinance, but they were
made more specific in response to concerns raised by the Board of Realtors.
Assistant City Manager Rose reported that the third change in the ordinance was made in
Section 13-2012 regarding the installation of a fence around the perimeter of the building or
structure. She said this section stipulates that if the boarding ora vacant building fails to keep the
building secured, the owner would be required to install a minimum eight-foot high chain link fence
around the perimeter of the building, and also required specific signage. She noted that this section
was also present in the original ordinance, but was made more specific to ensure clarity.
Assistant City Manager Rose stated that the last major change in the ordinance was made
in Section 13-2021 regarding continuous abatement authority. She said this section was similar to
a provision in the high weeds ordinance that allows the city to proceed with abatement and recover
costs without further notice to the owner if the owner fails to maintain previous abatements within
one year of the Notice and Order to Abate. She said this provision applies to situations where the
vacant building has again become unsecured or contains debris, rubbish, waste, or excessive
vegetation.
Ms. Rose then asked Mr. George Oresco, zoning and code enforcement administrator, to
show photos depicting the condition of a number of unsecured vacant buildings in the area_ He said
many of the buildings were either occupied by vagrants or were centers of illegal activities such as
prostitution and drug use. Thus, they posed a danger to citizens in the area. He said staff currently
addressed these problems by boarding up the buildings and trying to locate the owners. He said the
proposed vacant building ordinance was designed to help staff address these issues more
expediently.
Ms. Rose returned to provide a comparison between the existing regulations regarding vacant
buildings and the new enhancements in the proposed ordinance_ First, Ms. Rose said the existing
regulations were based on chapters in the 1973 Building and Housing Standard Cede, which only
addressed residential property. In contrast, she said the proposed ordinance would address
Minutes - Regular Council Meeting
May 25, 2004 - Page 10
residential and commercial property. Second, she said the existing regulations only applied to
unsafe and dangerous buildings. The proposed ordinance, on the other hand, would also address
aesthetic concerns and repairs. Third, the existing ordinance did not provide a mechanism to track
vacant properties. The proposed ordinance, on the contrary, provided for a registration process
which would allow the city to track vacant properties and increase the accountability of property
mvners. Fourth, Ms. Rose said the existing regulations did not allow for the assessment of penalties
or annual fees, while the proposed ordinance would allow for fees and penalties. Fifth, the existing
regulations did not require owners to submit a timeline outlining their plans for the building, while
the proposed ordinance did require a timeline. Finally, Ms. Rose said the existing ordinance did not
provide a process for the board-up of buildings. The proposed ordinance, on the other hand,
provided specific instructions on boarding up a property with attention to aesthetics.
In conclusion, Ms. Rose stated that the existing ordinance had not been updated since 1973.
She said the proposed ordinance would allow staffto track vacant properties and aid staffin holding
owners accountable for the condition of their property.
Mr. Colmenero noted that the Council had received a number of correspondence from the
Board of Realtors regarding their concerns about the proposed ordinance. He asked if the proposed
ordinance had addressed their concerns. Ms. Rose replied that staffhad spoken with the Board of
Realtors shortly after the April 13 Council meeting. She said staffreviewed their concerns and made
several adjustments to the ordinance as a result. Ms. Rose said staffmet with the Board of Realtors
again and informed them of the changes made to the ordinance. She said while they appreciated
staffs efforts, the Board of Realtors did not appear to believe that the ordinance was necessary.
Mr. Colmenero stated that the proposed ordinance was badly needed, and he spoke in support
of the ordinance. He was concerned, however, that it would create enforcement issues that the city
may not have the manpower to address. City Manager Noe answered that the city was already
dealing with this problem, but did not have the adequate codes at this time to address it.
Mr. Kinnison remarked that he thought this ordinance would be applicable to the downtown
area only, since it seemed the bulk of the problem was in this area_ He was concerned, however, that
the ordinance would not apply to many of the vacant buildings downtown now under the proposed
definitions. Senior Assistant City Attorney Jay Reining answered affim~atively, saying that the
ordinance would only apply to those buildings that are being boarded up. However, he said the
ordinance would be useful in addressing security, maintenance and debris issues in vacant buildings
that the existing ordinance does not. City Manager Noe added that the proposed ordinance covered
residential properties as well. Assistant City Manager Rose stated that the registration requirement
was also beneficial in making the owners more accountable for the condition of their property, and
establishing a dialogue. Mr_ Oresco stated that in many instances, owners transferred the title to
a property in violation to avoid prosecution by the city. Mr. Kinnison stated that if the city were to
adopt an ordinance of this type, he wanted it to be clear that any vacant property that was being
properly maintained was not subject to this ordinance.
Mr. Scott expressed his doubts that the ordinance was necessary because the city already
seemed to have a mechanism in place to address problems with vacant buildings. City Manager Noe
replied that the city did have the ability to board up properties, but these types of measures were
only a temporary fix to secure the building. He said in many cases, the city had to repeatedly work
Minmcs - Regular Council Meeting
May 25, 2004 - Page 11
with property owners to secure their buildings without any provisions in the city code. He said the
proposed ordinance clarified what the standards were and what the property owner's responsibilities
were.
Mr. Chesney stated that he was generally reluctant to create more ordinances because he
disliked creating more govermnent. Mr. Chesney stated that he also believed the ordinance was
primarily going to focus on the downtown area. He said there seemed to be other programs already
in place, like Operation Clean Sweep, that addressed problems with vacant buildings in residential
areas. He suggested that staff consider first trying the program in the downtown area only to see
how it worked before enforcing it citywide. City Manager Noe replied that if the Council wanted
to localize the effect in the downtown area only, then the zoning ordinance could be amended to
include the changes, eliminating the need for an city ordinance. He noted, however, that staff
believed there was a problem with vacant buildings citywide, and thus was recommending a city
ordinance. Mr. Chesney liked the registration and assessment features of the proposed ordinance.
Mr. Kelly observed that it could take up to 90 days before the city could abate a vacant
building. He thought this period was too long because a common complaint is that the city takes
too long to respond to problems. Mr. Reining replied that the city must give the property owners
due process. He said that the ordinance gives the administrators the authority to require immediate
actions if warranted_ City Manager Noe added that the ordinance gives the city the authority to
abate the more significant nuisances if the OW'her fails to respond.
Ms. Cooper spoke against the proposed ordinance because she felt it would create severe
administrative problems for property owners. She said the requirements to submit a plan with a
timeline and pay a registration fee went beyond the scope needed to remedy the problem. She felt
the ordinance needed more work before she would be in favor of it. Mr. Noyola agreed with Ms.
Cooper that the proposed ordinance would be an unnecessary burden to property owners.
Mayor Neal asked for public comment. Mr_ David Cheek w/th the Board of Realtors spoke
against the proposed ordinance because it created an additional level of bureaucracy, assessed
additional fees, and it violated basic property fights. He said the proposed ordinance did not address
their concerns, and he said the Board of Realtors could assist the city in creating an ordinance. The
Council then asked Mr. Cheek a number of questions. A discussion ensued regarding the role the
realtors played in addressing the problem.
Mr. Leon Loeb, 3845 Ocean Drive, spoke against the proposed ordinance, suggesting that
the city strengthen their current health and safety codes to address problems with vacant buildings.
Ms. Norma Urban with the Downtown Management District asked the Council to consider
postponing a decision on the proposed ordinance until after the DMD's board meeting on June 10
to provide more opportunities for discussion and compromise.
Mr. Cliff At~ip, 358 University, spoke against the ordinance, saying that his clients were
against the additional bureaucracy the ordinance would create. He suggested separating the
regulations for residential and commercial properties. He also suggested that the city limit the
ordinance to the downtown area since the majority of property owners there seemed to support it.
Minutes - Regular Council Meeting
May 25, 2004 - Page 12
Mr. Scott made a motion to table the proposed ordinance until June 15, seconded by Ms.
Cooper. The motion passed unanimously.
17 TABLED UNTIL JUNE 15. 2004
Fi,~t Reading Ordi.~ncc - Enacting A~ title II1 of ChalXer 13 of the Code of Ordinat,ces to
~stablish an id~.tificafion, legistratio~, a.d cl~foccc.~.t p,ocess ,elated to vacal~t buildin~
~d sh acturcs, and [,.oviding f.~ ~.alties.
Mayor Neal called for a brief recess to present proclamations.
The Council returned from recess, and Mayor Neal called for petitions from the audience.
There were none.
Mayor Neal opened discussion on Item 18, an overview of the proposed FY 2004-2005
operating budget. City Manager Noe reviewed an outline of the major budget issues for that fiscal
year as follows: customer outreach, jobs, workforce, and infrastructure. Mr. Noe discussed each
major issue in more detail_
Regarding customer outreach, he spoke regarding the recommended funding levels for the
Livable Neighborhoods Initiative (Phase II), the One-Stop Center, Call Center, and e-Services. Mr_
Noe said the Livable Neighborhoods Initiative, comprised of the Neighborhood Improvement
Program (NIP), the Neighborhood Operation Clean-up (NOC), and the environmental court, was
initiated last year and was a great success. He said a new Neighborhood Pride program was being
added this year to serve as the sustainability phase for the NIP.
Mr. Noe reported that the One-Stop Shop was entering its second full year of operation. He
said they were now fully staffed to ensure their continuing goal to make the development process
so predictable that the c~ty could guarantee timely and consistent service.
Mr. Noe reported on Phase II of the Customer Call Center, in which additional existing
phone numbers would be rerouted to the Call Center, enhanced training for call takers would be
conducted, and further refinements to work order software would be implemented. He said the FY
2004-2005 budget was increased by $75,485 to fund this next phase.
Finally, Mr. Noe reported on enhanced e-services, noting that in FY 2004-2005, a building
permit application would be deployed to further enhance electronic services.
Mr_ Noe then discussed the city's proposed investment in jobs and economic development
through public investment and support of private initiatives. He discussed the proposed funding for
job creation, the new economic development office, the Packery Channel/Island investments, water
source development, development plans and standards, and downtown initiatives. Regarding the
development plans and standards, Mr_ Noe cited the south central area development plan and
Minutes - Regular Council Meeting
May 25, 2004 - Page 13
strategic action committee, the bayfront plan, the Mustang/Padre Island area development plan and
overlay district, and the new unified development code as examples of advancements in the area.
Regarding downtown initiatives, Mr. Noe said that in addition to the bayfront plan, the city had
initiated the renewal community tax incentives, tax abatement, reduced permitting costs, drainage
improvements, "Harbor Place" concept, the American Bank Center, and Whataburger Stadium.
Third, Mr. Noe discussed the proposed investments in the city's workforce through a modest
salary increase, maintenance of health insurance coverage, and improved retirement benefits.
Specifically, he reviewed the recorm-nended funding for Phase III of the employee
classification/compensation study, sworn personnel adjustments, health benefits enhancements, re-
engineering, and the further reduction of administrative costs.
Finally, Mr. Noe reviewed the proposed investments in infrastructure. Specffically, he
reviewed the recommended funding for Bond 2004, drainage improvements, utility improvements,
and landfill development. He said the drainage improvements were budgeted for $55 million over
five years. He said utility improvements included raw water supply projects, the southside water
transmission main, the Broadway wastewater treatment plant, and the automated meter reading
project. He noted that the landfill improvements included the closure of the J.C. Elliott landfill, and
the construction of a transfer station and development of the Cefe Valenzuela landfill.
Assistant City Manager Mark McDaniel provided an overview of the general fund. He began
by discussing the status of the following revenue sources: ad valorem tax, industrial district
contract, sales tax, franchise and related fees, administrative charges, solid waste revenue,
reimbursements/interdepartmental services, and other revenues.
Mr. McDaniel then highlighted several proposed fee adjustments. He said public safety
service fees would mcrease in the following areas: 911 wireline; alarm permits; (new) taxi driver
permits; sexually oriented business licenses; (new) haz mat clean up; and fire protection permits.
He said park and recreation user fees would increase in the following areas: latchkey and e-
registration. Health service fees would increase in the following areas: swmtming pool and
restaurant inspections/permits; and animal bite testing. He said library fees would increase for
overdue book charges and non-resident user fees. Finally, he said fees for garage sale permits and
beach permits would increase.
Mr. McDaniel discussed the expenditures in the general fund. He fu-st discussed a number
of budget reductions. He said the use of target budgeting was once again incorporated citywide to
control costs. In addition, he said over $513,055 in expenditures had been eliminated from the
haseline or target level funding. He also said that supplementalbudget requests were not funded this
year. Mr. McDaniel stated that the practice of budgeting anticipated salary savings as an
expenditure off-set was also continued in the FY 2004-05 budget, amounting to five percent of gross
salaries in larger departments with six or more employees.
Mr. McDaniel reviewed the major expenditure increases in the FY 2004-05 budget. He first
discussed salary adjustments for civilians and sworn personnel. For civilians, Mr. McDaniel said
the proposed general fund salary adjustments attributed to the implementation of the new
classification/compensation plan was approximately $1.5 million. He said it included a 3 percent
increase for civilians effective August I to coincide with a health insurance premium increase.
Minutes - Regular Council Meeting
May 25, 2004 - Page 14
However, an additional increase effective December 1 will be deferred because the salary
wage/market has not increased as much as initially forecasted due to a slowing economy. For sworn
personnel, Mr. McDaniel said funding for police sworn personnel adjustments was also programmed
in the amount of $1.3 million. He said fire sworn personnel adjustments are still being negotiated
for the current year, and an additional 3 percent increase was budgeted as a reserve.
Mr. McDaniel then discussed expenditure increases in benefits adjustments_ He said
health/medical insurance premiums were programmed to increase by 15 percent, 14 percent, and 19
percent respectively for civilians, fire sworn personnel, and police sworn personnel_ In addition, he
said cost adjustments for the city's share of participation in TMRS would occur in January, while
the employee's contribution would increase from 5 percent to 6 percent. He said the increase for
health insurance and TMRS in the general fund were programmed respectively at $1.2 million and
$669,465.
Mr. McDaniel discussed a number of new program and program enhancements as follows:
ne~v detention center; juvenile court restoration; additional legislative costs; ADA compliance
program; beach maintenance; and three new fire apparatus.
Finally, Mr. McDaniel provided a surnmary of the general fund. He said the budget was
programmed to increase by $7.96 million. The major increases accounted for $7.58 million of that
figure as follows: salary adjustments; benefit adjustments; new/enhanced/restored programs;
increase in the ambulance fund subsidy; increase in senior community services subsidy; and new
landfill debt service. He also noted that the general fund unreserved balance at the close of FY
2003-04 is projected to reach $13,328,551, surpassing the city's goal to reach an 10 percent fired
balance within five years.
Mr. McDaniel then discussed the proposed budget for the utility system. He began by
reviewing a chart depicting historical and proposed adjustments to utility rotes. He also reviewed
a chart illustrating water consumption since 1999.
Mr. McDaniel proceeded to discuss major expenditures in the utility fund. He first discussed
salary and benefit adjustments. He said total personnel services for the Combined Utility System
were programmed to actually decrease by $162,746, or 1 percent. He said that amount included
reserves for implementation of the new classification/compensation plan in the amount of $729,083,
as well as skill-based pay totaling $200,000 to coincide with re-engineering efforts. Regarding re-
engineering, he said a total of $1,000,000 in expenses are anticipated for FY 2004-05
implementation of the new computerized maintenance management system (CMMS). Finally, Mr
McDaniel reviewed a chart depicting capital improvement financing, another major expenditure_
In addition, Mr. McDaniel discussed the cost of purchased water. He stated thai-the city purchased
raw water from the Lavaca Natividad River Authority (LNRA), and the cost of this water has
increased over time, particularly as the city has elected to conla-act for more acre feet ofinterruptible
water. Finally, he reviewed a chart depicting the historical and projected cost of gas per unit through
the balance of the current year.
Mr. McDaniel then discussed the proposed budgets for a number of other funds, beginning
with the enterprise funds. Regarding the marina fund, he said a rate increase was being
contemplated in FY 2004-05 to fund significant marina improvements, but had not been included
Minutes - Regular Council Meeting
May 25, 2004 - Page 15
in the budget pending further feasibility review and Council consideration. Regarding the golf fund,
Mr. McDaniel said poor activity has resulted in major cost reductions and potential contracting out
of operations. The ambulance fund would see a significant increase in the general fund subsidy and
recommended rate increases. Finally, he reported that the airport fund was rebounding fi'om a
declining trend in enplanements since a low in 2003.
Mr. McDaniel then discussed the proposed budgets for a number of special revenue funds.
Regarding the Crime Control and Prevention District, he said the highest priority has been placed
on their base programs, namely the funding of 50 officers and the Juvenile Assessment Center. The
pawn shop detail program was eliminated, and the funding for the Juvenile Court was now
programmed in the general fund because ora loss of grant funding. Regarding the hotel occupancy
tax (HOT) fund, Mr. McDaniel reported that the proposed budget included increases in Convention
and Visitors Bureau funding, an increase in beach maintenance funding, and a final accelerated
payment to the American Bowling Congress_
Regarding the visitors facility fund, he said the budget included the contracts for the arena
and convention center management to SMG and the catering to Center Plate. He noted that FY
2004-05 would mark the first year of operatmn for both the arena and the expanded convention
center, with the arena projected to generate a small profit after expenses. The convention center was
projected to still require a HOT fund allocation. Finally, he said the coliseum was scheduled to
conclude operations on November 1.
Regarding the TIF funds, Mr. McDaniel noted that the Reinvestment Zone No. 1 fund had
expired in the current year. He reported that continued funding for Reinve~hnent Zone No. 2,
otherwise known as the Packery Channel fund, was included in the budget, with another $4.5 million
in project bonds planned to be sold in early FY 2004-05 for Phase 3.
Regarding the sales and use tax funds, Mr. McDaniel reported that revenues for the seawall
improvement fund/arena facility fund were anticipated to increase by 3.5 percent. The business and
job development fund was anticipated to increase by 1.43 percent.
Finally, Mr_ McDaniel reported that the development services fund was anticipated to see
an increase in building permit activity and revenue, resulting in a reduction in general fund subsidy.
Mr. McDaniel then reviewed the proposed budget for the internal service funds. He said the
risk management fund included cost and premium increases per actuary study, but was projected to
see continued positive fiscal trends. He said the municipal information systems (MIS) fund included
increases for maintenance and upgrades for enterprise systems; automated meter reading/WiFi
initiative; and Phase II of the Call Center implementation. Finally, he said the maintenance service
fund included increases for parts and fuel, and a decrease in capital.
Mr. McDaniel provided the balance of the budget schedule as follows: June 8 - general fi. md
overview; June 15 - enterprise funds overview; June 22 - special revenue and internal service funds
overview; July 13 - public hearing; and July 20 and July 27 - first and second reading of adoption
ordinance.
Council members asked questions regarding the ambulance fund increases, the three
Minutes - Regular Council Meeting
May 25, 2004 - Page 16
additional fire apparatus, and the golf fund. The Council also thanked staff for their efforts in
preparing the budget document. Council Member Kinnison proposed that the city consider reducing
rates to benefit the citizens if property values increase by six percent or more, pending a more
thorough discussion of the budget. Several council members concurred with his suggestion.
Mayor Neal called for the City Manager's report. City Manager Noe referred to a number
of temporary closures on Shoreline Boulevard for the Velocity Games. He reported that the Click
It or Ticket campaign began this week. He also reported that the following items were scheduled
for the June 8 agenda: Crime Control and Prevention D~strict budget public hearing; and
consideration and discussion of the issuance of certificates of obligation for the landfill project.
Mayor Neal called for Council concerns and reports. Mayor Neal reported that the jail
contract was scheduled for consideration by the Commissioners Court on Thursday, and he invited
the Council to attend. He also announced that the Memorial Day Service at Sherrill Park was
scheduled at 10:00 a.m. on Monday, and he encouraged everyone to attend.
Ms. Cooper announced that the next town hall meeting would be hosted by Council Member
Kelly at the Northwest Senior Center on Monday, June 7 at 6:00 p.m., along with herself, Mr_
Garrett, and Mr. Chesney. She asked that a letter of appreciation be presented to Senator Hutchison
for her outstanding commitment to the Packery Channel project.
Mr. Noyola asked for a moment of silence in honor of his nephew, Matthew Marroquin, who
was killed in a car accident last weekend on Waldron Road_
Mr. Garrett asked for a schedule on mosquito spraying in the city, noting that he had received
many calls about a major problem in the Flour Bluff?area.
Mr. Scott asked if the Council could begin wearing casual attire after the Memorial Day
weekend, and the Council concurred. Mr. Scott also thanked Senator Hutchison and acknowledged
local staff for their efforts in the progress of the Packery Channel project_ In addition, he asked for
a status on his request that the Morningside Preservation Society be involved in the recycling effort.
Mr. Kelly announced a meeting on Thursday, May 27 at 10:00 a.m. in the Council Chambers
to discuss the recent problem with aggressive homeless individuals. He thanked the police
department and City Manager Noe for increasing the city's efforts to control the problem in the
Leopard Street area.
Mr. Colmenero echoed Mr. Kelly's sentiments, and also noted an increase in gang graffiti.
He asked for a report fi.om the police department on the issue.
Mr. Garrett commented that he thought it was important to meet on the homeless issue, but
he emphasized that the meeting should focus on developing solutions. City Manager Noe replied
that unfommately, the meeting time conflicted with the county's discussion on the jail contract, so
it was unlikely that some individuals would be able to attend. He said staff shared the citizens'
concerns, but was not convinced that creating a Class C misdemeanor would address the problem.
Minutes - Regular Council Meeting
May 25, 2004 - Page 17
He said the police department could not verify an actual increase in aggressive behavior by the
homeless, so he felt the recent incidents were isolated. He said staff was working with Homeless
Issues Partnership and other relevant agencies to develop a detailed plan to address homelessness
issues in the community.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 2:43 p.m. on May 25, 2004.
2
CML SERVICE BOARD/COMMISSION - One (1) vacancy with three-year term to 6-15-
07. (The City Manager appoints to the Civil Service Commission and the City Council
appoints to the Civil Service BoanL Traditionally, the same member serves on the Board and
Commission.)
DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for
appointment, employment, or suspension in ail positions m the classified service based upon
citizenship, character, merit, efficiency, and industry, which shall have the force and effect of
law; and also rules regulating promotions, demotions, reduction of force of employees in the
classified service and in what order they shall be dismissed and reinstated.
COMPOSITION: Three (3) members shall be appointed by the Council for three-year terms or
until a successor is named. The members choose their own chairman and appoint a chief
examiner, not a member of the Boar&, who shall also act as secretary. Members receive $5.00
per Board meeting, not to exceed $100.00 per year.
MEMBERS TERMS
ORIGINAL
APPTD. DATES
Leonides Bazar 6-15-06 2-10-04
Erich Wendl 6-15-05 · 1-14-03
* Cydney Farrar 6-15-04 7-18 -00
*Seeking reappointment
(Note: City Manager George K. Noe is recommending Cydney Farrar for reappointment to the Civil
Service Commission.)
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO.
NAME THIS TERM PRESENT
Cydney Farrar 6 6
% OF ATTENDANCE
LAST TERM YEAR
100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Robert R. Canaies
Safety Inspector, Valero Refining. Pursuing M.A.
in Public Admirdstzation, Texas A & M - Corpus
Christi. Member of American Society of Safety
Engineers. Served on Planning Commission for
four years. (ll-OI-OD
Nicloas Curiel, Jr. Retried. Received M.B.A. and M.S. in Computer
Science. (1-21-04)
Chad Luhan
Project Control, Bay Ltd_ B.S. in Environmental
Biology, Texas A & M University - Corpus Christi.
Activities include: Padre Island Business
Association and Youth Minister. Former member
of C_C. Yes Surfers for Packery Channel and
Beautify Corpus Christi. (4-09-03)
Oscar Martinez
President/CEO, Workforce 1 Corporation. M.A. in
Public Administration, St_ Mary's University.
Activities include: Education Advisory Council and
the Chamber of Commerce. (11-08-02)
John Silvas
Human Resources Consultant, Citgo Refining & Chemical.
Attended Del Mar College and Monterrey Tech. Activities
include: Leadership Corpus Christi Class XXH and
Steering Committee xxvm, Corpus Christi Education
Foundation, CLASS Mentoring Program and Padre Little
League. (3-22-02)
COMMISSION ON CHILDREN AND YOUTH - Five (5) vacancies with three-year tc,.s to 5-01-
07 representing the following categories: 1 - At Large, 1 - Religion, I - Education, 1 - Youth
Representative and I - Sheriff's Office. (Note: Staff is requesting postponing the appointment of the
Religion representative to recruit additional resumes.)
DUTIES: To support a comprehensive system of services and advance policies to meet the
needs of Corpus Christi's children, youth and their families.
COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One
member shall be representative of each of the following fields: Health, Social Service, Religion, Legal,
Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's
Office. One membm' shall be a youth representative from 16 to 21 years of age at time of appointment.
Each appointee shall have demonstrated interest in the welfare of children or youth through occupation
or through association with community-based organizations. (On 10-10-95, Council approved the
addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.)
MEMBERS
Rosa Balderas (At Large), Chairperson
Vicky Alexander (Health), Vice Chair
*Panla Rosenstein (At Large)
Mary Jackson (Social Services)
**Barry Abels (Religion)
Margaret Canales (Business)
Gloria Jackson (Youth Services)
***Drew Reining (Education)
Liana Gonzales (At Large)
Penny Groehow (Law Enforcement)
Lauren Ranly (Legal)
****Amanda Descnbcrg (Youth Rep_)
Melissa Madrigal (D.A.'s Office)
****Angie Rendon (Sheriff's Office)
Capt. Tim Wilson (Police Off.)
Dr. Philip Rhoades
ORIGINAL
TERMS APPTD. DATES
5-01-06 7-11-00
5-01-06 2-12-02
5-01-04 12-10-96
5-01-05 10-14-97
5-01-04 5-15-01
5-01-05 2-12-02
5-01-06 1-11-00
5-01-04 2-12-02
5-01-05 6-11-02
5-01-05 7-09-02
5-01-06 3-19-02
5-01-04 9-23-03
5-01-06 2-12-02
5-01-04 7-22-03
Advisory 12-06-95
Advisory 8-1 6-94
*Has met the six-year limitation and is ineligible for reappointment
**Is not seeking reappointment
***Seeking reappointment
****Has exceeded the number of absences allowed by ordinance
(Note: The Sheriff's Office is recommending the appointment of Captain Janie Suarez to Jill the
Sheriffs Office position. The Commission on Children and Youth is recommending the
reappointment of Drew Reining and appointments of Amanda Stukenberg (At Large), Brtan Silva
(Youth) and Captain Janie Suare~ (Sheriffs Office).)
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
Drew Reining (Education)
NO. OF MTGS. NO.
THIS TERM PRESENT
13 12
% OF ATI'ENDANCE
LAST TERM YEAR
92%
OTHER INDMDUALS EXPRESSING INTEREST
Dixie Lynn Binford
Consultant, Corpns Christi Independent School
District. B.B.A. bom Corpus Christi State
University, M.S_ fi-om Texas A&M - Corpus
Christi. Professional and community activities
include the following: Board of Directors of Corpus
Christi Ballet, Sesquicentenmal Committee, and the
Corpus Christi Area Heritage Society. (Education
or A t Large) (2-13-02)
Nathaniel Cantu
Junior, W.B. Ray High School. Activities include:
National Junior Honor Society, Ymk Editor,
Student Council Treasurer, and Junior Class
Treasurer Received the Presidental Award.
(Youth Representative)(9-I 8-03)
Andrew Daehne
Junior, Incarnate Word Academy. Activities
include: Hispanic Leadership Opportunity Program,
St. Pins Alter Server, Student Body Vice President,
National Honor Society, Nursing Home volunteers
program, Global Young Leadership Conference_
Received the Presidential Scholar Award three
times and is class valedictorian. (Youth
Representative) (8-14-03)
Judith Ann Dubose
Business Development Manager, Advanced
Acoustic Concepts_ Received B.A. in Industrial
Management and Economics and M.A. in Industrial
Management. Activities include: Sorority
Alnmnae, BSA Volunteer, U.S_ Judo Board, and
Marine Military Academy Parents Club. Received
the Business Woman of the Year Award m 1987
and 1988. (~lt Large) (9-05-04)
Lorie B. Garcia
Executive Director, Camp Fire USA Coastal Bend
Council. Received B.A. fi-om Texas Lutheran
College and M.A. fi-om St. Mary's University.
Acfiv/ties include: Girl Scout Leader, Camp Fke
Juice R_ Garza
Steven Haffner
Laura L. Hebert
Natasha Medina
Randall Meredith
Jesus S. Molina
Atlee Parr
Leader, PTA school volunteer, American Heart
Association Walk Committee, Army Family Texas
Building Master Trainer and Sunday School
Teacher. (Youth services) (7-17-03)
Junior, W.B_ Ray High School. Activities include:
President of the Hi-Faimessee Girls Club,
Cheerleader Captain and Spanish Honor Society.
Awarded UCA All Star Cheerleader and named
Who's Who Among American High School
Students. (Youth Representative) (9-18-03)
Probation Officer, Nueces County Juvemle
Probation DeparUnent. B.A. from St. Mary's
University. Recipient of Crime Victim Award on
behalf of Juvenile Court. (AtLarge) (6-21-02)
Professional Insurance Advisor, ARVAK Insurance
Group. Attended S.N. Vocational Technology.
Activities include: CBAHU, Delta Gamma, RCIA
Teacher and Eastern Star 354. (At Large) (10-16-
O2)
Junior, W.B. Ray High School. Member of Youth
and Government, Laureate Program and National
Spanish Honor Society. (Youth Representative) (9-
lS-O3)
Staff Attorney, Corpus Christi Independent School
District. Received B.A. and M.A. from Southwest
Texas State University and J.D. form St. Mary's
University School of Law. Member of the School
Law Section of the State Bar of Texas. (Legal or ,,It
Large) (8-04-03)
Counselor Intern, Recovery Campus of Texas.
Received B.A. from Southwest Texas State
University and currently working towards Masters
in Counseling at Texas A & M - Corpus Christi.
(At Large) (4-08-04)
Junior, W.B. Ray High School. Member of the Boy
Scouts and Ray High School Band Selected for
Who's Who Among American High School
Students_ (Youth Representative) (9-18-03)
Ch~l Roberts
Junior, Flour Bluff High School. Member of the
National Honors Society, Business Professionals of
America, and Muscular Dystrophy Association
Volunteer. (Youth Representative) (5-10-04)
Billy Ray Sayles
Self-employed, Counselor. Received A.S. in
Mental Health, B.A. in Psychology and M.S. in
Educational Psychology. Member of the
Committee for Persons with Disabilities, Nuecus
County MHRM Board of Trustees, Texas Youth
Commission Volunteer Council and the RTA
Advisory Committee. (At £arge) (5-05-04)
Brian Silva
Sophomore, Tuloso-Midway High School.
Activities include: Texas Scholars Program and
Distinguished Achievement Program, Debate and
Speech Club, UIL Academics, Journalism Team
and Tuloso-Midway Tenms Team. (Youth
Representative) (5-24-04)
Amanda Stukenberg
Executive Dkector, Planned Parenthood of South
Texas, Inc. Received B.A. in English fi.om
Princeton University. Activities include:
Leadership Corpus Christi Class 32, League of
Women Voters, Coastal Bend Alliance for Youth
and TYC York House Community Advisory
Committee_ (At Large) (5-24-04)
Janie Suarez
Captain - Jail Operations, Nueces County Sheriff's
Department. Licensed as a Texas Peace Officer as
well as a County Jailer for the State of Texas.
Activities include: Church volunteering and
Sheriff's Employees Association. (Sheriff's Office)
(5-28-04)
Jennifer Anne Taylor
Executive Director, Family Oulxeach. Received
B.A. in Art History and M.A. in Arts Policy and
Administration. Member of the Association of
Fundraising Professionals, South Texas Planned
Giving Council, Chamber of Commerce, and the
Coastal Bend Alliance of Youth. (At Large) (8-12-
O2)
Henri Mae Tillis
Senior Companion Program member. Attended
Prairie View A & M. Active treusurer of church
choir. (Community at Large) (1-28-04)
Senya A_ "Robin" West
Business and Community Par~erships Consultant,
Corpus Christi Independent School District. B.A. in
Political Science/Social Psychology, Texas A&I
um versity-Kingsville. Community activities
include: Chairman of the Coastal Bend Alliance for
Youth, America's Promise Coastal Bend
Connection and Coastal Bend Mentor Alliance; co-
committee ChaLrman of Youth Opportunities
United. (Education) (6-10-02)
Amanda Villarreal
Sophomore, Calallen High School. Activities
include: National Forensic League, National High
School Scholar, Whose Who Among High School
Students. Received the Student of the Month
Award, FCA Athlete of the Year, and Outstanding
Leader at Youth Leadership Convention. (Youth
Representative) (5-05-04)
CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY - Five (5) vacancies
with two-year terms to 6-30-06 with one (1) representing the interest of the "transportation
disadvantaged" (elderly, persons with disabilities and low-income individuals). The statute does
not mandate that this board member be transportation disadvantaged_
DUTIES: To operate and provide for public transportation system for Nueces County and the
cities included in the Authority.
COMPOSITION: Board of Directors consist of eleven (11) members - five (5) appointed by the City
Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors
of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the
Board. The principal mumcipality shall make its appointments to the board so that at least one of the
appointees is designated to represent the interests of the transportation disadvantaged. The statute does
not mandate that this Board member be "transportation disadvantaged." If Chairman is fi.om the
membership, the entity that appointed that person will appoint a replacement. Terms shall be for two
years; members may serve up to eight consecutive years as stated by State Law. The State Sunset
Committee suggest that the appointing bodies should consider the appointment of a regular rider of the
transit system.
MEMBERS TERM
Mike Rendon, Chairperson 10-02-05
*Abel Alonzo (City Council - Transp. Disad.) 06-30-04
**Stanley Terry, Sr. (City Council) 06-30-04
*Roland Barrera (City Council) 06-30-04
*Vicki Garza (City Council) 06-30-04
*John J. Buckley (City Council) 06-30-04
Carmen P_ Arias (Nueces County) 09-18-05
,AnnaM_ Flores (Nueces County) 09-18-05
David Martinez (Nueces County) 09-18-05
Abel Herrero. (Mayor of other Cities) 09-19-05
John Corder (Mayor of other Cities) 09-19-05
ORIGINAL
APPTD. DATE
1-05-00
6-18-02
1-12-99
9-14-99
5-19-98
4-27-99
10-08-03
10-08-03
10-08-03
10-08-03
9-19-98
*Seeking reappointment
**Resigned
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
Abel Alonzo (City)
Roland Barrera (City)
Vicki Garza (City)
John J. Buckley (City)
NO. OF MTGS. NO. % OF ATTENDANCE
THIS TERM PRESENT LAST TERM YEAR
11 10 91%
11 10 91%
l 1 9 82%
11 7 64%
OTHER INDIVIDUALS EXPRESSING INTEREST
Louis Alvarado
Realtor/New Construction Representative, Martin
Agency Realtors. Professional and community
activities include: Kiwanis Club, C.C- Board of
Realtors, Public Relations Director for Quetzal
Theatre Group, Hispanic Chamber of Commerce
and Hispanic Contractors Association. (4-05-04)
Aaron Cooley
Executive Director, The Center for One America.
Received a B.A. in Anthropology and M.A. in
Education from the University of North Carolina.
Professional memberships include: American
Educational Research Association, Compttrartive
and International Education Society, Popular
Culture Association and Philosophy of Education
Society. Extensively traveled through Central
America and Emope. (3-18-04)
Donald M. Feferman
Self-employed Attorney. Received B.S. at Wharton
School of Finance, University of Pennsylvania and
J.D. fi.om Harvard Law School. Member of the
Jewish Community Council, Temple Beth El,
Community Development Corporation, Leadership
Corpus Christi alumni, and the Committee on
Development of Eydsthig Industries Task Force.
(12-$1-05)
Ramiro Gamboa
Staff Radiology Technologist, Spohn Hospital.
Received A.A.S. in Radiologic Technology.
Activities include: South Texas Society of
Radiologic Technology, LULAC Council #1
President, Leadership Corpus Christi Class XX,
Chamber of Commerce, Corpus Christi West,side
Lions Club, Bayfest Inc., and Spohn Federal Credit
Union Board President. (4-23-04)
Eddie Gamez
Refinery Accounting Superintendent, Valero
Refining. Received B.B.A_ in Accounting and CPA
License_ Member of Leadership Corpus Christi
Class XXXI, Valero Volunteer Council and Valero
Federal Credit Union Supervisory Committee.
Received the Valero Employee of the Month award.
(10-2S-02)
George A. Garcia
Herbie Garcia, Jr.
Guadalupe J. Gomez
Coretta Graham
John O. Heldenfels, Jr.
Richard R. Johnson
Grandis Dmkin
Revenue Officer, Internal Revenue Service.
Attended the University of Maryland and Houston
Community College. Commumty activities include:
Arts & Environments Committee - Most Precious
Blood Church and volunteer mediator with Dispute
Resolution Center. (5-24-02)
President, Netreadygo.com, Inc. M.B_A. and
B.B_A. in MIS fi.om Texas A& Corpus Christi.
Member of Hispanic Chamber of Commerce,
LULAC and Who's Who in Information Systems
Processing. Work history includes working as a
Senior Planner with the City of Houston and a
Manager in Texas Governor's Office during the
Ann Richards administration. (4-06-04)
Regional President, The Laredo National Bank.
Received B.B.A. in Finance fi.om Corpus Christi
State Umversity. Activities include: Westside
Business Association, Selena Foundation and
Hispanic Chamber of Commeme. (3-04-04)
Assistant District Attorney, Nueces County District
Attorney's Office. Member of the Nueces County
Community Action Agency and the Corpus Christi
Young Lawyers Assocation. Cmrently serves on
the Community Youth Development (78415)
Program Steering Committee. (3-09-04)
Managing Director, The Trust Company N.A.B.S.
in Civil Engineering, Texas A&M University_
Member of the Dow'ntow'n Rotary Club, Leadership
Corpus Christi Graduate Class XXII, and member
of the Board of Presidio Securities. (6-06-02)
Computer Specialist, Corpus Christi Army Depot.
B.S. for Education. Active with the Americans with
Disabilities Act (ADA) and Leadership Corpus
Christi_ Received the Governor's Award for
Handicapped Individual of the Year. (5-30-01)
Vice President, International Bank of Commerce.
Community activities include: Salvation Army,
U.S.O., First Women President of Bay Area Navy
League, Boy Scouts of America, United Way of the
David Loeb
Mary Ann Lopez
Crystal Lyons
Alex McNair
Dale M. Pittman
Rosine Runyon
Coastal Bend and Lighthouse for the Blind.
Received the Y Women in Careers Award,
Sweetheart of the Year Award, Silver Beaver
Award, Humanitarian Award and the Commander's
Award for Public Service. (6-01-04)
Development Coordinator, Landlord Resources.
Received a B.A. in Government and a B.A. in
Economics fi-om Skidmore College. Member of the
Downtown Management District Parks and Open
Spaces Committee and Director of the Heart of
Corpus Christi. (3-31-04)
Legal Assistant and local Disc Jockey. Currently
the Marketing Director of the South Texas Heart
Association. (3-15-04)
Full-time community volunteer. Activities have
included: Cub scouts, Bayfest, Driscoll Children's
Hospital, and League of Women Voters. Currently
serving on the Committee for Persons with
Disabilities. Serves on several boards with focus on
disability issues including transportation. (3-04-04)
Director of Vehicle Emissions Program, Texas A &
M University. B.S. in Computer Science with
Minor in Business Administration, Texas A & M
University - Corpus Christi. Member of the Air
Quality Committee, Corpus Christi Independent
School District Pupil Transporters Committee, and
the Community Advisory Council. (4-19-04)
President/CEO, Construction Assistance. Received
certifications in Real Estate and Construction
Inspection. Member of the Texas Residential ICF
State and Local Committee, AGC and ABC.
Currently teaching at Del Mar College. (5-03-04)
District Director, House of Representatives. B.B.A.
fi-om North Texas State University. Community
activities include: Jtmior League of Corpus Christi,
Boys & Girls Club, ACI and the Bayfest Board. (5-
3O-O2)
Mary Saen2
Billy Ray Sayles
Charles Smith
Jerry Smith
Eloy Soza
Henri Mae Tillis
Senior Counselor, Department of Assistive
Rehabilitative Services_ Received B.A. in Buiness
Administration, and M.S. in Counseling. Activities
include: Workforce 1 Board, Committee for Persons
with Disabilities, Leadership Corpus Christi Class
X'VIII. Received the Parent of the Year Award
fi.om Mary Carroll High School and H.E.B. "Return
to Work" Award. (3-15-04)
Self-employed, Counselor. Received A.S. in
Mental Health, B.A. in Psychology and M.S. in
Educational Psychology. Member of the
Committee for Persons with Disabilities, Nuecus
County MI-IRM Board of Trustees, Texas Youth
Commission Volunteer Council and the RTA
Advisory Committee. (5-05-04)
Attomey at Law. J.D. fi.om Indiana University;
B.S. in Business Admimstration (Cum Laude) fi.om
Boston University. Professional and community
activities include: member of the American Inns of
Court, Coastal Legal Bend Services and the
Southern Careers Institute Board. Recipient of U.S.
Navy Commendation. (4-02-04)
Director of Sales, Solomon P. Ortiz International
Center. Received an Associates Degree in Hotel
Management. Activities include: Coastal Bend
Hospitality Sales and Marketing Association,
Corpus Christi Hotel/Motel Condo Association,
Chamber of Commerce and Convention and
Visitors Bureau Industry Parmer. (4-27-04)
Volunteer, Sunny Brook Nursing Home. Received
B.S. in Biology and working on M.S. in Chemical
Engineering. Member of the Committee for
Persons with Disabilities. (5-26-04)
Senior Companion Program member. Attended
Prairie View A & M. Active treasurer of church
choir. (1-28-04)
John Wright
Architect/Urban Design Specialist. A_A.S. in
Architectural Technology, Bachelor's degree in
Environmental Design and Master's degree in
Architecture_ Active with the Downtown
Management District and the Nueces County
Dispute Resolution Center. (6-06-02)
FOOD SERVICE ADVISORY COMMITTEE - Two (2) vacancies with three-year terms to
6-24-07 representing the following categories: 1 - Food Industry and 1 - Community at Large.
DUTIES: The functions will be to advise the Director of Health on application of ordinances
regarding food and food establishments, review the permit fees annually to ensure the cost of the
program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance
relating to revocations and to make written recommendations to the City health officer whether
to revoke or suspend a food manager's permit, pursuant to Art. 19-84.
COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food
managers from the food service or food processing industries and three (3) persons from the
community at large. Members of the committee shall be appointed by the City Council for
staggered terms so that at least one industry representative, and one community member are
reappointed each year. No voting member may serve more than two terms of three years each
with the exception of those initially appointed for less than a full tbxee-year term.
]MEMBERS
John Denson (Food Industry)
D.W_ Haven (Food Industry)
Bob Ard (Food Industry)
William Schroeder (Community at Large)
Carlos Moreno (Community at Large)
*Suzanne Greene Gilliam (Food Industry)
**Gabriel Hemandez (Community at Large)
ORIGINAL
TERM APPTD. DATE
6-24-05 8-20-02
6-24-06 6-10-03
6-24-05 9-12-00
6-24-05 6-08-99
6-24-05 4-13-04
6-24-04 9-12-00
6-24-04 3-10-98
*Seeking reappointment
**Has met the six-year limitation and is ineligible for reappointment
ATI'ENDANCE RECORD OF MEMBERS SEEKING REAPPO1NTMENT
NO. OF MTGS. NO.
NAME THIS TERM PRESENT
Su. zarme G. Gilliam (Food Ind0 7 6
% OF A'I'rENDANCE
LAST TERM YEAR
86%
OTHER INDIVIDUALS EXPRESSING INTEREST
Jody Houston
Director, CCISD Foodservice. M_B.A. from
Corpus Christi State University and B.S_ in
Nutrition and Dietetics from the University of
Texas at Austin. Community and professional
activities include the following: Vestry member of
St. Bartholomew's Episcopal Church and State
Secretary of the Texas School Food Service
Association. (Food industry) (7-25-02)
Napoleon Johnson
Sabrina Mangold-Johnston
Lisa B. Pollakis
Bill Richmond
Beverly A. Rogers
Henri Mae Tillis
Evangelist, Jesus Street Ministries. High School
graduate and some college. Member of Beautify
Corpus Christi. Received Laymen's Certificate of
Bible School of the Victory Outreach Church.
(Community at large) (1-10-03)
Director of Nutrition Services, CI-[RISTUS Spohn
Shoreline Received the employee of the Month -
March 1994 and Employee of the Year 1994. (6-
09-03) (Food Industry)
Co-owner, Vick's Famous Hamburgers. B.S. in
Hotel, Restaurant & Institutional Management, The
Pennsylvania State University. Served as the
Nutrition Coordinator for Senior Community
Services with the City of Corpus Christi for ten
years. (Food Industry) (6-02-04)
Senior Partner, Wienerschnitzel. Received B.S. in
Engineering from Texas A & M University.
Activities include: CCCC Foundation, FOCUS, and
LCCA Chair-elect. (Food Industry) (1-08-04)
Self-employed Certified Pubhc Accounlant_
Received a B.A_ in Accounting_ Member of the
Kiwanis Club of Padre Island and the Padre Island
Business Association. (Community at Large) (2-
05-04)
Senior Companion Program member. Attended
Prairie View A & M. Active treasurer of church
choir. (Community at Large) (1-28-04)
3
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving supply agreements for lubricating oils, greases and antifreeze in
accordance with Bid Invitation No. BI-0051-04, with the following companies for the following amounts.
Awards are based on low bid and low bid meeting specifications for an estimated annual expe"nditure of
$92,574.48 of wkich $15,429.08 is budgeted in FY 2003-2004. The term of the agreemc-nt shall be for twelve
months with an option to extend for up to two additional twelve month periods, subject to the approval of the
suppliers and the City Manager or his designee. Funds have been budgeted by using departments in FY 03-
04.
Arnold Oil Company, Inc.
Corpus Christi, TX
Groups: 4.0, 5 0, 6.0,
9.0, 11.0 and 13.0
$44,839.20
Oil Patch Petroleum, Inc.
Comus Christi, TX
Groups: 3.0, 8.0, 10.0
14.0 and 15 0
$28,308.00
Arguindegui Oil Co. II LTD.
Comus Christ~, TX
Groups: 7.0
$8,304.00
Leyendecker Oil, Inc.
Comus Christi, TX
Groups: 1.0, 2.0, and 12.0
$11,123.28
Grand Total: $92,574.48
******************************************************************************
BACKGROUND:
Purpose:
These items are used by the Fire Department, Maintenance Services,
and Solid Waste Department during routine scheduled maintenance
work on City owned vehicles and equipmc:'nt.
Previous Contract:
The option to extend the previous contract was ex~rcised, requiring
new bids to be received.
Bid Invitations Issued: Twelve
Bids Received: Four
Award Basis:
Low Bid and Low Bid Meeting Specifications
Price Analysis:
Pricing has increased 11% since the previous contract. Th/s is due to
the increasing market price ofoil and oil based products.
Funding: Denartment Account Amount
Maintenance Services
Fire Department
Solid Waste Department
/~Michael Bait. era, C.P.M,/
Procurement and General Manager
1190~5-5110-00000
520050-4680-35100
520050-1020-12511
520050-1020-12512
Grand Total:
$10,429.08
1,000.00
1,000.00
3,000.00
$15,429.08
BID INVITATION NO.: BI-0051-04
LUBRICATING OILS, GREASES & ANTIFREEZE
BUYER: GABRIEL MALDONADO
ITEMI DESCRIPTION
1.0 HYDRAULIC OIL (AW46)
2 0 HYDRAULIC OIL (AW6B)
3.0 UNIVERSAL TRACTOR FLUID
4.0 MOTOR OIL 16 w 40
5.0 MOTOR OIL 6 w 30
6.0 MOTOR OIL 10 w 30
70 MOTOR OIL 6 w 20
8.0 MOTOR OIL 30 w
9.0 MARINE OUTBOARD MOTOR OIL
10.0 AUTOMATIC TRANSMISSION FLUID
11.0 AUTOMATIC TRANSISSION FLUID
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
12.0 EXTREME PRESSURE GEARLUBE
13.0 CHASSIS GREASE LITHIUMCOMPLEX
14.0 ANTIFREEZE-FULL STRENGTH
15.0 ANTIFREEZE (DEXCOOL). FULL STRENGHT
ARNOLD OIL CO. OIL PATCH PETRO LEYENDECKER OIL ARGUINDE(3UI OIL CO.
ICorpus Christi, Tx Corpus Chrl~it, Tx ICorpus Chdstl, Tx Corpus Chris~l, Tx
I UN,T TOTALI U.,TTOT^.UN,T TOTA'
PRICEPR CE~ PRICE PRICEPRICEPRICE
$6,824.00 $6,260.60 $6,606,00 NO BID
4,771.20 4,65816 ~,1~4.40 NO BID
11,577.60 11.196,20 11,984.00 NO BID
12.763.20 13,974.96 14,082.00 $29,280.00
1~,$60,40 9,49920' 8,659 20 13,040.00
6,713.76 NO BID NO BID 8,304.00
2,854,40 3,348.80 NO BID NO BID
6,422.40 6.236.46 6,249.60 NO BID
10.312.00 10,419.52 $4,300.80 NO BID
Incomplete Bid
1,506.40 1,668.88 1,300,6~' NO BID
(2)
9,264.00 9,456.00 8,544.00 NO BID
NO BID 6.484.24 NO BID NO BID
NO BrD ?66,40 NO BID NO BID
TOTAL $44,639.20 $28,308.00 $11,123.26 $6,304.00
AWARD TOTAL $92,674.46
(1) Leyender OII Co~pany, Corpus Christi, Texas submitted the apparent Iow bid I'or Items t3. However, Ihelr offer does not meet City's specifications requirements.
4
AGENDA MEMORANDUM
RECOMMENDATION: (A) Motion approving a supply agreement with SBC Global
Services, Inc., Corpus Christi, Texas for local telephone service, long distance telephone
service and intemet services based on Request for Proposal No. BI-0139-03 for an
estimated three year expenditure of $729,802.38, of which $40,709.41 is budgeted for the
remainder o£ FY03-04. The term of the agreement is three years with an option to
extend the contract for up to two additional twelve month periods subject to the approval
of the contractor and the City Manager or his designee.
(B) Motion approving a supply agreement with SBC Global Services, Inc., Corpus
Christi, Texas for data connection services based on the Cooperative Purchasing
Agreement with the State of Texas for an estimated two year expenditure of $92,640, of
which $7,720 ~s budgeted for the remainder of FY03-04. The term of the agreement is
for two years with an option to extend the contract for up to three additional twelve
month periods subject to the approval of the contractor and the City Manager or his
designee.
Grand Total: $822,442.38
BACKGROUND:
Purpose:
Local and long distance telephone service, interact, and data
communications are essential for the daily operation of City
government in providing services and public safety to the
community. The recommended solution will consolidate all these
services under a single provider, SBC Global Services, Inc., with
the City being listed as a major account under SBC's Major
Accounts Center. This center is manned 24 hours a day, seven
days a week and will provide the City with a single point of
contact regarding service issues that arise throughout the contract
period.
The City issued an RFP requesting services for a three year
contract period. However, SBC provided data connection pricing
under pre-existing contracts with the State of Texas. These
services will be provided through the State's Texan-2000
telecommunication services contract which will expire in 2006 and
are eligible for three one year renewal terms. Therefore, two
separate contracts are required to differentiate on the contract
periods and allow the City to capture the &scounted pricing
available under the State contract.
RFP' s Issued:
RFP's Received:
Seven
Four- A proposal was received from AT&T but was deemed as
non responsive for failure to provide a solution for all the City's
requirements.
Price Analysis:
The City currently spends approximately $380,000 annually for
these services combined. The recommended solution will cost the
City approximately $290,000 or generate a savings of $90,000
annually.
Award Basis:
State of Texas Cooperative Purchasing Program. Catalog
Information Systems Vendor (CISV) proposals. A comrnJttee
made up of employees from Police, Fire, Solid Waste, MiS and
Purchasing evaluated the proposals on four major criteria: Risk,
Strategic Need, Technical Solution and cost. SBC Global Services
has been ranked highest on the scoring matrix and therefore is the
recommended provider of choice.
Funding:
Funds have been budgeted in account code 530200 under the
various operating budgets of the City.
Fundmg for the FY04-05 and all subsequent years will be
requested throughout the budget process.
p' t ~&GeCi'!~1' .
Schedule A
Evaluation Cdteda
CITY OF CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
Local, Long Distance, Data Connection & Intemet Service
SBC Global Services, ICG Choicecom, L.P.
Inc. Corpus Christi, Englewood, CO
TX
Maximum Points Points
Points Awarded Awarded
Risk 20 20 13
KMC Telecom
Bedminster, NJ
Points
Awarded
8
Strategic Need 20 15 18
8
TechnicalSolution
20 16 15 6
Cost 40 38 40
28
TOTAL 89 86 50
Total Cost $822,442 $784,498 $1,111,548
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 06/08/2004
AGENDAITEM:
A. Resolution authorizing the City Manager or his designee to accept grant funding
in the amount of $25,000 from the Texas Department of Transportation for an
Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant
for DWI enforcement overtime within the Police Department and to execute all
related documents.
B. Ordinance appropriating $25,000 from t~ Texas Department of Transportation
for funding of an Impaired Driving Mobilization Selective Traffic Enforcement
Project (STEP) grant for DWI enforcement overtime within the Police
Department in No. 1061 Police Grants Fund; and declaring an emergency.
ISSUE: Because the state of Texas continues to lead the nation in the number of DWI
deaths, injudes and alcohol related crashes, Funds are available to conduct a special
Driving While Intoxicated overtime enforcement program.
BACKGROUND INFORMATION: The State of Texas, Department of Transportation is
providing funding for a special Impaired Driving Mobilization STEP for the period of
August 27 - September 12, 2004. The grant places ove~-time officers across the City
with vadous hours of operation. The goal of the grant is to make a minimum of 90 DWI
arrests during this time period. This is the first year of this type of mobilization grant
and the third of its type this year. A previous grant in the same amount funded a
December holiday and a forthcoming July 4~ holiday enforcement pedod_
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds.
FUNDING: Officers will be working on an overtime basis with the State providing 100%
of the salary, retirement, and mileage.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
Attachments:
TXDOT Contract
L
A37FACHMENT A
Revised 11/24/03
APPROVED PROJECT DESCRIPTION
FY 2004 Impaired Driving Mobilization STEP
City &Corpus Christi
SUBGRANTEE
PROBI,EM STATEMENT:
Texas continues to be the national leader in the number of Driving While Intoxicated (DWI)
deaths, injuries and alcohol related crashes in the nation. In 2000, Texas had 16,080 reported
alcohol-related crashes, with 898 of those crashes resulting in death. Many of these deaths could
be prevented. In an effort to reduce economic and personal los~, Texas will be conducting (3)
three targeted Impaired Driving Mobilizations in conjunction with the national mobilizations (Dec.
19 - Jan. 4, 2004~ June 28 - July 11, 2004, and August 27 - September 12, 2004). Many Texas
law enforcement agencies do not have the resources to enhance their enforcement efforts to focus
on the impaired driver. Some federal traffic safety funding has been provided for DWI selective
lxaffic enforcement projects (STEP) and these programs have been ext~eanely successful. In order
to decrease DWI; DWI crashes, deaths, and injuries in Texas additional enforcement, along with a
highly via'ole media campaign, is the key.
OBJECTIVES~ERFORMANCE GOALS:
Objective:
To conduct (3) three Imlmired Driving MobilizAtion STEPs by September 30, 2004.
Performance Goals:
To make a minimum of 90 DWI arrests under this gram during the Decexnber 19, 2003-
January 4, 2004 Impaired Driving Mobilization.
To make a minimum of 90 DWI arrests under this grant during the June 28, 2004 - July
11, 2004 Impaired Driving Mobilization.
To make a minimum of 90 DWI arrests under this grant during the August 27, -
September 12, 2004 Impaired Driving Mobilization.
To complete administrative and general grant requirements for each fiscal year.
To support ganmt enforcement efforts with a public information and education (PI&E)
program for each mobilization.
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police
ot~cer make a specified or predetermined number of axrests in pursuance nfthe Subgrantee's
obligations hereunder.
PERFORMANCE INDICATORS:
The following performance indicators shall be included in the Performance Reports, Annex
Reports, and summaxized in the Administrative Evaluation:
B.
C
D.
E.
Numbe, and type of citations/arrests issued under the Impaired Driving Mobilizations.
Subgrantee total number and type of citationa/arrests including STEP.
Number or' Impaired Dfivin8 Mobilization STEP enforcement hours worked.
Maintenance of non-impaired Driving MobiliT~ttion STEP activity.
Number of officers working Impaired Driving Mobilization STEP trained in the
Standardtzed Field Sobriety Testing (SFST).
Number of news conferences. A minimum of(l) one news conference must be
conducted for each mobilization.
Number of public information and education materials distributed (by item) provided by
statewide media contractor.
Number of news releases issued. A minimum of(2) two news releases must be issued
for each mobiliTation.
Number of alcohol-related crashes during the mobilizations.
IV. RESPONSIBII,ITIES OF THE SUBGRANTEE:
Carry out the objective./pe~'ommnc~ goals of this giant by implementing the Action Plan in
this attachment.
An Admlni~hafive Evaluation summarizing all activities and accomplishments will be
submitted on Department approved forms. AH FY 04 Final Performance Reports/AERs
are due on October 29 2004, (30 days) for IDM activity. An electronic version of the
AER must be submitted to the Department by the due date.
C. Attend meetings according to the following:
The Subgrantee will arrange for meetings with the Department as indicated in the
Action Plan to presem status of activities, discuss problems and schedule for the
following quarter's work
The project coordinator or other qualified person will be available to represent the
Subgrantee at meetings requested by the Department.
D No out of state travel is allowed under this grant agreement.
Maintain verification that wages or salaries for which reimbursement is requested is for
work exclusively related to this project.
In addition to the Impaired Driving Mobilization enforcement activities, maintain the
agency's total non-STEP enforcement citations at no less than the level attained prior to
grant approval.
Ensure that the enforcement hours worked under the grant are for Impaired Driving
Mobilization enforcement activities.
H
Ensure that each officer working on the Impaired Driving Mobili:mfion project will
complete an officer's daily report form. At a minimum, the form should include: name,
date, badge number, type grant worked, grant site number, mileage (including starting and
ending mileage), hours worked, type citation/arrest, officer and ~porvisor si~atures.
I
Ensure that no officer above the rank of Lientenant (or equivalent rifle) will be reimbursed
for enforcement duty
Support enforcement efforts with public information and education in coordination with
statewide efforts.
Require that all officers assigned to work DWI enforcement are trained in the
NHTSA/IACP Standardized Field Sobriety Testing (SFST). Provide a letter to the
Department from the enforcement agency head, training officer, or authorized individual
stating that the officers working the grant are trained.
Subgrantees with a Traffic Division will utilize traffic personnel for this grant unless such
personnel are unavailable for assignment.
Ensure that salaries for employees reimbursed under this grant are either overtime pay or
additional hires. In no case will federal funds supplant (i.e., replace ~fis~dng state or local
expenditures with the use of fedend grant funds) Subgrantee wages for activities which are
already supported by local or state funds.
Submit performance reports to the Departmem within (15) fifteen days m°rer the
enforcement p~-iod, JanumBt 19, 2004, July 26, 2004 and September 27, 2004 for FY
2004 mobilizations S~ l,ine Q.
The Subgnmtee should have a safety belt use policy, lfthe Subgnmtee does not have a
safety belt use policy in place, a policy should be implemented during the grant period.
ffan officer nmkes an Impaired Driving MobiliTafion related arrest during the shift, but
does not complete the arrest before the shift is scheduled to end, the officer can continue
working under the grant to complete that arrest
The Subgrantee must enter all Performance and Annex Report data into the Buckle Up
Texas Website (www buckleuptexas.com) prior to submission of the hard copy reports to
the Department. Printed versions of the Website reports are acceptable versions for hard
copy submissions.
V. RESPONSIBILITIES OF THE DEPARTMENT:
Monitor the Subgrantee's compliance with performance obligations and fiscal requirements
of this grant,
Provide program management, technical assistance, and attend meetings as appropriate
Reimburse the Subgrantee for all eligible costs as defined in Attachment B,
Approved Project Budget. Requests for Reimbursemem will be processed up to the
maximum amount payable as indicated on the cover page of this agreement.
Perform an administrative evaluation of the project at the close of the grant
pexiod to include a review of adherence to budget, Action Plan and attainment of
objective/performance goals.
OPERATIONAL PLAN:
FY 2004 Impaired Driving Mobilization STEPs
SITE DESCRIPTION
Impaired Driving Mobilization
Junsdic6~ wide
Enforc~anent Period
(d.t~ and range of ~'~tJmble 0m~s during which ,mfrncement
Doeemb~ 19 - 31, 2003 (6:00 p.m_ -6:00 a_in_, daily)
J~.nnnry 1 - 4, 2004 (24 lama- p=r day)
June 28 - July 2, 2004 (6:00 pm. - 6:00 a.m_ daily)
July 3 - 6, 2004, (24 hour per day)
July 7 - I 1, 2004, (6:00 p.m_ -6:00 ~-m dmly)
Aug 27 - S=p 2, 2004 (6:00 p.m_ - 6:00 am_ daily)
S~pt 3 - Sept 7, 2004 (24 bourn per day)
Sept 8 - S~pt 12, 2004 (6:00 pJ~_ - 6:00 ~.m. daily)
P~-Medl~
Campaign
December 1, 2003 - Jannar~ 13. 2004
Poat-
June 28 -July 11, 2004
August 27 September 12, 2004
Sq~n~b~r
Post=
Media
C*m.na~
Description of Activities
Pre-M,,nSa Camlndgn
Cog~h~ local media ew~mts jmmedinte~ be:~o~"~ t]~ e~force~n~t effort [o mammize the visibility ofmff~ to the
public. These media ~v~ts t~ll thc public ~ wh~re, how and why the DWI law iz being
Enforcement Mobilization
Intensify overtime exffo~ax~t by placing pomm'y emphasis oa increasing the nmnhe~ of arrests for DWI during both
mobt[Jxation periods.
Post-med~a Ca~palgn
Conduct ~ m~lia ~ve~ts to ~ the public why addilJ~gml alcohol e:nfo~a~ea[ is imp~tant and the results of the
mobiliTafio~_
FY 2004 ACTION PLAN
OB~CTIVE: To conduct (3) three Impaired Driving Mobilization STEPs by September 30, 2004.
Admlni~trative and ganeral grant requirements.
KEY: P = planned a~tivity
C = completed activity
R = revis~l
1, Grant d~lJvewy m~ting h~id. l~pm truant
2. Requests for Reimbursement submitted, Subgran~
3, P~rfonnance and Annex Repor~ submitled. Subgrantee
4, Grant progress review me.ting. Subgrant~ &
Deparunent
5. Conduct on-site monitoring visit. Departmtmt
6. 3dmlnlsll'atiVe Evaluation submittt~d. Subgrant~e
7. Submit le¢te'r regarding siSnatu~ enthnrity. Sulagmate:e
8. Submit SFST [l'~inlng letter. Subgrmlt~
9, Submit operational casl per vel:ucle mile (ff Subgraatee
applicable).
10. Conduct enforcement effort. Sub~m~tee
PROJECT MONTH
OC NO DE
P
P
P
P
P
JA FE
P
P
P
P
P
P
p P P P
JL AU SE
P P P
P P P
P
P
IDM STEP 5/03 6
FY 2004 ACTION PLAN
OBJECTIVE: To conduct (3) three Impaired Driving Mobili?~tion STEPs by S~tember 30, 2004,
Public informatton and education (PI & E) activities requtrCmcnts.
P = planned activity
C = completed activity
R = revised
1. Contzct the Department regarding PI&E
proce&tres and plmming to coordinate with
stat.~virl~ efforts.
2. Distribute mat~nala provided by Department's
statewide media contr~tor,
3. Maintain r~.ords of all PI&E materials
received/distributed
4. Report on activities in Pm-formance Report.
5. Conduct news canference(s).
6. Issue news release(s).
Subgrant~
PROJECT MONTH
O~ NO DE
JA YE
P P
Subgrantee
P P P
SubF,, ~mte~
P
Subgrantee
p P
Subgrantee
P
Subt~'mt~
P P
P P P P
P P P P P
p P p P
p P
P P P P
NO
IDM STEP 5/O3 7
Misc Contract Number 584XXF6123
Charge Number: 044)2-02-B2-CM State
04-02-02-B 1 -CM
Federal #
PIN: 17460005741000
AMENDMENT # 2_ TO TRAFFIC SAFETY GRANT AGREEMENT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
TH]IS AMENDMENT IS MADE BY and between the State of Texas, acting by and through the Texas
Department ofTmmportation, hereinatter called the Dcparanent, and City of Corpus Christk hereinafter
called the Subgrantce, and becomes effe~ave when fully executed by both parUes.
WITNESSETH
The Depa,h,~ent and the Subgtamee executed a grant ag~ammt on 12/18/03
traffic safety project generally described as Impainxt Driving MobilJr~fioa STEP;
to coMuet a
On the front page, tbe grant ~ specifies that the grant compkgtion dato is Au~3.~t 31, 2004
unlcss tl~e grant is tcrmirmted or otherwise modified; the grant needs to be amc~led to cxtcad thc grant
c~.vletion ~n~ to Scp~mbc~ 30~ 2004. to include thc Labor Day 2004 mobili~tion and to ~ thc
budget; and,
The Agre~meat ea/abliah~s I:~ ma.xilnttm amount payable under the grant agn~m~nt as $50,000.00,
unless modified in writing thl~]gh an amendment to the gram ~; the m amount n~ds to be
increased to add an additional $25,000 (twetax five thousand dollars) in fedoml fimcln for enforcexaent; and,
Attachment A to the grant agre~rtent includes the Approved Projoct Description for the proje~ Tho
ObiectiveJPetformanec C__mals. Responsibilities. Operational Plan and Action Planq need to be amended to
add thc Labor Day mobilization; and,
Attarhment B to the grant agrecment included the Approved Project Budget for the project; Tlaq b~iget
n-~.~..~ to be amended to add $25.000 to the mant for conducting an additional Impaired Driving
Mobilirafion; and,
NOW, THEREFORE, pfe~,ases considered, the Department and the Subgranme agree thai thc grant
agreement is amended as follows.
AGREEMENT
The Ma_vainum Amount Eligible for Retmbursement is amended to read as follows: $75,000.00
· Attachment A, Approved Project Description, is revised to read as follows: Revised as atlached
Attachment B, Approved Project Budget, is revised as attached: Sec attached budect
Traffic Safety Grcmt Agreement Amendment Page I of l TxDOT Form 2078 (rev. 1/15/2003)
THE TEXAS TRAFFIC SAFETY PROGRAM
AMENDMENT # 2_ TO GRANT AGREEMENT
Mi~. Contxact Nmnher: 584XXF6123
All other provisions remain m full force and effect, unchanged by this am~iment.
IN WITNESS WHEREOF, THE parties to this amendment have signed duplicate counterparts.
'lHE SUBGRANTEE
Ciw of Comus Christi
[Legal Name of Agency]
THE STATE OF TEXAS
Executed by and al:prrrved for the Texas
Tnmslmrtation Commission for the propose and effect
of activating and/or carrying out orders, established
poli~i~ or v~rk protons appmv~:t and authorized by
the Texas Transportation Commin.siOiL
[Authoriztxl SignanL~]
Geor~ K_ No~. CiW Msna.~r
[Nallg a/Id Title]
Date
A'I IP.:ST:
District Engineer
Texas Depat/mem of Transportmion
Date
Director, Traffic Ol~a'ations Division
[Signalttre]
Date
[Name and Title]
Undex aulhority of Olatin~nc~ or Resolution
N. mher (for local governments):
Traffic Safety Grant Agreement Amendment Page 2 of 2 TxDOT Form 2078 (rev. 1/15,/2003)
STANDARD PROVISIONS
ARTICLE 1. RESPONSIBILITIES OF TltE PARTl~S
The Subgx'ante~ ~hall und~alce and complete the pmjo:t as descn~oed in Allaclun~nt A, At~n:l Ptx~ct
Descriptioa. and in aco:mtanc~ with ail terms and conditions included h~inafier. The Department nhall provide
a.ssi~an~e as appml~'iate and as spe~fi~ in said Attaclummt A_
ARTICLE 2. COMPENSATION
A_ Tbe method of gayment for tlus agi~:meut will be based on actual costs iacurred up to and not Io exceed thc
l imi~ spe~ie~ in Attachmem B, Appm~:l Project Budgo. Tbe ammmt included in the proj~ b~:lget will
1~ d~c-med to b~ an e~i ma t.e only and a itlgher amount can I:e l'eimhu~ed, sabject to tim o:mdirio~ ~ed
in para~a~,h B bemm~, ff At~acluaem B, Ai¥,,,~ed Pmjec~ Budg~ ~%~ that c~a~ a~ ba~l on a
B All payments made be~undex will be made in a~ordance with Atlachment B, Approved Projcc~ Budg~ The
g~a~er than 5% of the t~al ~.imb. u~le am~m of thc bedg~ without a writ~n atoxxaaem am~lmeaC
Howvvcr, the Subgnmt~ mus~ PrOWde ~ n~acation to the D~artm~nt of a change of 5% or 1~ prior
to payment of the Requesl For Reimbm~mem that inc~t~ the chancre, indica~n~ the am~m and
change and the reason(s) for it, The ma.~num ammmt payable ~hal! not I:e mc-res.~l as a ~sult of excce~lmg
a budg~ c~%n:a3~ without a written grant amendmen~
C. To be eligl~ole f~r rl:inlt~'sem~t um~ thas a~ ~a~c~L a cos~mwa be mcm,~ m acco~xia n°e with
Al~achmeat B, Approved ~ ~ within thc time frame sl~'.;~ed ia Grant Period on page 1.
Payment of costs incum:d under this ag~emcm is tim.her governed by one of the f~dlowing cost principles, as
appropriate, o,.lincd in thc Federal O~ce of Ma~o~cat and Budget (OMB) Circular:
A-21, Cost Principles for Educational Insti~utinns;
· A-87, Cos~ Principles for StaIe and ~ Gove.~nment~; or,
· A-122, Co~t Principles for Nonprofit
E. The Subg~n~e,~ agn:~ m submit monthly, or quarmrly ~ques~s for re~ as d~En~ted in
AI~c~ A, witlun thirty (30) days al~er the ~ of the billin~ period_ The Subgranlee will use billing
s~alem~ts acceptable to tbe D~arlmenL The ori~nal billln§ s~tement and on~ copy is to be submi~ed to
the n,l,~:ss sl~wn on page 2 of this agreement_
F The Subgrantee ag~es to submri the final nxluest for paym~'nt uador th~ ar:~mcat within Sixty (60) days of
~be ~1 of tl~ g~nt
G The I~pa~m~nt will ex~'~ise ~11 goed f~th to n~qlc~ p~ym~nts w~th~n they daY~ of ~Pt of @zx~Y
~ ~d docux~nt~ ~ for payment. Payments, how~vcr~
H. Project agx'~'meats supported with federal funds are limit~"'l to the length of the agreement period and usually
do no{ to~ive extended fundi nE t~'yond thee y~a~. ffboth tl~ Depammmt and the Subgtamee agn:e ~hat
the project has damonslrated merit or has potenlinl long-ran~ be, nefii.~, the Sut~ant~ may apply for fimdin§
assistan~ beyond the three year limit. To be eligfote, the Subgran~ m.~t have a cost assn,,,,:,6on plan by
Ihe end of the first twelve months. This ptan will include a sclg:dule for phasing in funding fi~m its own
t~utces and the pl~ ~in~ out of funding support from the Dq0artment. All plan~ must be approved by the
Dq:at~anent before any extension beyond the threey~:ir limit willbe granted, l:~fei'~:noe willbe given to
and to those which propose to a~-~me the largest lc~a ~mtlag~ of subsequ~m project costs.
Cerlain categoric~ of funds may be exemp~l by the fed~ra] government from the amc limit requirement_
Unless exempted, all federally-funded agt~ments are considered to be subjo::t to the lime limit pmvisio~
Funding suplxm for all state-funded projects will be l imi~xl t~ the term of th~ agn:~ment. /troy extension
beyond that lime vnll be negotiated ou a case-by-case basis.
ARTICLE 3. LIMITATION OF LIABILITY
H~:ause funds are authorized on a fi~,-~l year baxis only, payment of cosks ir~m~l hereunder is co~fingem upon
the awilability of funds.
ff at any lime dining the a~;ment period the Department de~rmm~ thai tt~re is ~t fundin~ to con~
the project, the D~artmeut ~hsll se netify th~ S.ubg:rantce,, gi~.4ng notice of iment to terminnle the
Such termination will be conducted in such a manner that will minimi7e dislupth~ to ~he Sub~an~ and
D~mmn~nt, and as furfl~r specked in G~necal Provision G9, Terminmion.
The Subgtantee, ff other than a $lale agency, gl~ll be responsible for seRlement of any and all claims and lawsail~
by third potties arising f~m or incident ~o tl~ D~mrlmem's non-payme~ of th~ Subgr~nlo~'s claim under this
expen~ penalties, ~ ~ charb~5, ami aflorn~y f~, if th~ cL~im~ Or lawsuil~ al~ ha~d upon the
Departmem's non-paymem ~'cl~im~ s~bmittod under this ag~ement_ The Subgrsntc~ stroll defend any suits
bro~ht ut~o all such d~img and lawsmls and pay all c~s and expenses incidental thc~to, but the D~amnent
rdmll haw the right at its option Io part~ipate in the defense of any suit. without relieving the Subgramee of any
~lig~0.on hereunder
ARTICLE 4. AGREEMENT AMENDMENTS
If at any ~ime dm-rog the ag~em~t p~riod the Dcparm~t dacrmi~ that ~itioml flma~ ar~ mcded m ~fim~
the pmj~ am:l the ma~mJm amoum payable is insufficient, a wriUca am~o~dme~t is to be executed to auRtorize
~.iomlf, ma~. a't~ D~rtmcnt and th~ Subgrant~ ck~rmine to continue project filndin~
Additionally. any chnn~t,m in the ag.;~tuem lgnod. 8g~,~-u,ent terms or ~;poma~oilities or the parties he.to shall
be enacted by written amendment execuled by both parties
The amendment shall b~ agn~ upon by the parti~ to this agl~eemenI and ghnll s~ate the chnn~m~, to the Immml
satisfaction of the parties. In no event will the agreement Period be exiended unless a written amendment is
execuled before the w~,letion a~e specified in Article 1.
ARTICLE 5. ADDmONAL WORK
if the Sul~anb:c is of th~ opimou tha~ any wo~ it bas been dixec~d to l~:n~:~m is t~y~nd tl~ sco~ ~ ~
aSreemem and cou:dilules additional w~rk, lhe Subgrantee ghall promptly notify lhc Departm~m in writing. In the
~ thru the l:)q~lnme:m finds that such work does cons~ute addilional work, the Detc~'Imcm ghall so advis~ the
Subgramee and p, oeide c~mt~n~"oa for doing this v,~k on the same basis as tl~ ongiaal wwk_ Itthe
o0mpeng-~nion f~r the additional work will canse the ma-namum amount payable to be excelled, a wrillen
si~cifi~i on the c~v~r page to this Gram
ARTICLE 6. CHANGES l~ WORK
ff the Dq~.'anent finds it ne,~-~aty to ~ the Subgramee to revLse c~mpleted w~rk to correct errors appeasing
tlgm'in, the Subgmm~ ghall make such ~n~oAions and no compeixsaiJon will I~ paid for the
ARTICLE 7. GENERAL TERMS AND CONDITIONS
Gl. Indemnification
To the extent perm~ed by law, thc Sublp~mee, ri'other thnn a State agency, ~imll ~ harmle~ the Dcpamucnt
from all d~im~ and liability due to the acts or omis~ons of tbe Subgtm~e, its agoras or cmpl~. The
Subgrantee also agrees to save harmless ~be Department fix)m any and all ~ including a~omey f~s, ail
court co~s and awards for darn~gcs, incurr~l by thc Dcparlmcnt in liti~ion or otherwis~ msi~ng such claims or
liabilific~ as a n:~ult of any acliviti~s of thc Subgrant~, its agents or employees.
Further, to the extent I~,millcd by law. lhe Subgmntee. if other titan a Stale agency, agrees to prolecL indemnify,
and rove harmless the Department f:mm and again~ all clainm, dmmmds and c:auses of action ~f cwe~y kind ~
character bn:mght by any cmploy~ of the Su~granlee %oni.nt the Ek:lml'ttmmt dm: Io personal injuries and/or domh
~ 5ucJa ~:~y~/c~ulling from ally alleged i~gligent act, by eitl~r commit, sion or omir-~on on tl~ part of the
Subgnmtee or the Department.
G2- Inspection ~ Work
The Depa~mem ~ when federal fimd~ me reVOlved, ~he U. S Departme~ of Tran~poC~hoa, :md any authorized
~q~mfive thereof, have the righl a~ all rr-~o'~able times to inspca or othcn~ise ewalualg the w~rk lx:dormcd or
beiag performed hereunder and the p~mises in wluch iris being performed_
ff any in .~:1~n or ~alua~o~ is rrmde On tbe plemmes of the Subgramee or a subcontractor, the Subgramee ~hall
provide and mquu'e the subco~r to provide all rr-~n~able facililie~ and a~in~ance for the ml'~y and
G3. Di~nltea and l~anedica
pmcu~ment entem:l in ~ of ag~.anent work.
Disl:mles cot~a:...lng [~aTorma~ or paym~m glmll be submJl/ed 1o the Dep~ment for settlement with tbe
Executive Di~'tor acting as referee.
Tlus agl~m~t shall not be consi&a~ as ~ the e..xclas~m reme~ for any dispute or violafio~ or br~lch of
agl~mcnt lgrma, bel all ~m~tica odn~ing at law am:l m cqmty mat be w,,aJ]o'l of by cith~n' party and nimll be
G4. Noncolluslon
Tbe Subgxantee warnmts that il has no~ emp!oyed or r~ained any company or l~V~on, other titan a bona fl~
errrployee worlcing for iL to soUc~t or ~:~:ur~ this agreemem, and tim~ it Ires no~ prod or agreed to pay ~ ~
or person, other limn a bona ~ elliploy~, ally [~e, onmmi~giofl, ~ bl~kerage fee, gt~ or any
COILg/~I'a~O~I C~oli~ u~po[l OF l~a~ll~lg fi~m th~ awa~l or m-~ldng of ~ a~r~u~nt, ff the
brcach~ or violates this warramy, thc Dcpartmcnt ~imn have the fight to mmul this agreemcm without liab/l/ty or,
fee, commi~nh'~i~ brokerage fi:c,, gift, or contingent fcc.
No~ laler lhan tilden da~ after the emi of each rcpo~fing pened, as d~i~md m At~chmcnt A, thc Subgramce
shall s~bmit a performance report ~ing forms provided or appmv~xi by
will in~t~ as a minimnm (l) a c~m~n, rIsofl ot~ actlla] aix~ompli~llll~lL~ to tl~ o~jo~te~ e~.a~li~,~[ for ~h~ pgrio~
(2) rea~s why es~l~i~xi ti~jcctivcs we~ nc~ me~ ff a~.~nol,,~e, and (3) o~cr pertinent informmion including,
~ ~.¥~adale, ~nMysis and explanation of cost ow. ul~s or high unit costs.
The Subgranlee r. hall promptly advise the Depamnem in vailing of evcnLs which have a signiti~ant impact upon
the agtc~.u~..aL including:
1
Pmblcnns, delays, or adveme conditions which will mm~rially affect lhc ability to attain pn~mm obj~'t~es,
prevem the meeting of time schedules and objectives, or preclude the attainment of project work units by
established time periods. This disclosure shall be aocom.nanied by a slatement of the action laken or
contemplated and any Dqmrtment or Foclc~al assi~ancc ~ to n~olve thc simafion~
2. Favorable d~velopm~nts or evenm that enable mee~ng lime schedules and objectives sooner
or raxxh~ing more work units than ori~m~bj pmjec~L
Duly aulho~ized represenimrves of the Texas Stale Auditor, tbe Texas ~ of Translxn'lafion. the Unil~l
Sla/es Deparlm~ of Trnn?ortalion. and the O~ce of the In..~;:I~ ~ ~lmll ~ ~.'~ ~.~ to the l~or~i al
reastmable times du_4ng the period of the agnmme, nt and the finn- yeats nglention period for the porpose of mnldng
audits, en~,vapis. ~ptions, and oth~' exnminalions. This right of ~ is not limilixl to the follr year p~od
but almll la~ as loflg a~ the ~ 81~ l~aimsd. Ifa/ly litig~lion, claim, negotinliOlk audit or other action
mVO~I~ ~ ~ld~ ~S bl~[~ ~'ted b~of~ th~ expira~n of the four year t~emion period, tl~ subgrantee ~h~ll
re~ain the records nnfil completion ofth~ ac'aon and r~solution of all c~mes which ar~c fiom il_
GT. Audit
The Subgrante~ shall comply with th~ ~lUa-emems oftl~ Single Audit Ac~ of 1984, Public Law (PL) 98-502,
~,,,~,,'tng that the single audit report includes the ooverage ~tip. laled in OM~ Ch~lar A-133, =Audits of Stales.
Local Governm~ms, and Other Non-Profit Org~ani~'alion~."
Any ta~ _l~r~nll'~ ~ by iadivithml,= or or~ ni?:a6OllS ll~ tl pail Of rig Su~nge~'S O ~lr~ni?alion ~lnll ~ be
executed withom prior authorization and approval of the subconnact by the Depanmem_
StllXOnliafls m exc~ of $25,000 6all contain all reqtti~ provimons of this agreem~ No subconlmct will
relieve tim Subgmnte~ of its ~pon~ibdi~ under this ag~x~menk
G9~ Termination
The Dcpartm~nl may t~rminme this agreement at any time before the d~e of compk:fion whenever it ia ck:tcrmLned
that the S~agramee has failed to compty with the oandilions o~ tim agrecmemt The Dcpafomm ~hall ghte written
nonce to the Subgmntee at least seven days prior to the effective ~e of termination and specify thc effective date
of termlnafio~ and the reason for tc~minatiom
If boda parti~ W thLs agreement a~ce ihm thc comimmQon of the ~t would not produce beneficial
rOslllls ~mme~an'3Jc ~J,t~ t~c further expenditure of funds, the parties ~hall agn:c upon thc t~rmirmdon
condilion~ incl~rling the effective dale and the portion to be ternunated.
Upon termination of this agngcn~'nl, whctl~r for cause or at thc c~nvenien~e of the parties hereto, all finished or
Subgram~ r&all, at the o~tion of the Department, i~.~me the pmpmly of th~ Dq~mtm~nL
The Depaztmem sKall ctnxq~zn~e tim Subg~ntce for tho~e chg?ole
wM~ m ~y ~le to ~ ~mpl~ ~
~ ~ ~~m a~n~ ~ ~ ~ to~~ ~ ~ ~11 ~
Except with resiaect to def~ult~ of.~d~vonW'agtors, the ~ ~11 ~ ~ m ~nq ~ ~n ~ ~ ~ m
~ ~o~ ~ ~) ff ~ ~ ~ ~ of~,~ ~ ~ ~n~l ~ ~ ~ ~t ~
~i~ ~ Sg. Szh m,~ ~ ~ M ~ ~ limi~ to ~ ~M or ~ ~c ~,
Gl0. Grmuifiea
Texas Tr~ao~alion Commi~xioll policy manchle~ tim! employees of the Depaflxnent ,hall not acce~t any Iznefit~
git~ or favo~ fi~n any pet~on doing b~t~ine~s with or who n:asoaably Spe~king inay do b~,~i~ ~ ~
h~above. Failure on the part of tim Subgmnt~ ID adllerg [o this po]i~y ~ ~ in termination
Gll. Compliam~ Wi~ L~ws
The Subgranlee ~ball comply with ~ll F~l~raL, Slate and local laws, statute, ordinances, rule~ ~ l~.ulalions, and
th~ or. rs ~ ~ ofauy ~ or Iglminigtraliv~ bodie~ or trl~wlrmlg ill ~ ~ affecting the l~rformnn~
of this a&teemenk including, wilhout limilalion, w~rkers' compere~tion lav~, minimll~l arid ~ ~lnr~ arid
wage ,anh.~ and regulations, and ~ laws and n~dari~ll~ Wh~ ~ I~ Subl~a.llle~ nlmll furninh thc
Gl2. Suee~ _~,Jora and A~igns
The Depammmt and lh~ Subgtam~ each brads itself, ~ts suc~sso~, ext~tors, asaigns and adminiettalO~S to tM
o{her party to this age.mere and to the ~:,so~ executmx, a~nn and admimstmlo~ of such oth~ party ia
Xe~l~"t to all ~Ove~mntg Of this a~.a:nenL The SalbgrSld~ nlmll l~ as~glx, ~ Or tmiisfex intea~ and
obligalions in this a~,.,eat without wrillen consent of the Departm~l_
Gl3. Ownership of Documeats
Upon comple~on or termination of this a~wma]l, all docu~vm~ D-elnnxl by thc Subgrantee or furnished to the
Subgi~rae,e by thc Department ~haH Ee delivered to and become ~ pmix=rty of the Departm~L All skctcl~s,
photographs, ~culationg and other clam l~q~dred under this agn:~meut glml! be made available, ugon ~luest, to
the Department w]tho~ resection or limilafion of their further u~.
Gl4. Re~qarces
The Subgrantee warrants that it potently has ad,~ rote cp.alitqed lX~Onnel in its employment to perform the work
reqmred under this ag~ement, or witl be able to obtain such ix-rsonnel bom sottrc~ other than thc Dep~'tmcnt.
All employees of the Subgmntee ~ll have s~ch knowledge and experience as will enable them to pexform the
duties asaign~l to them_ Any employee of the Subgrantce who, in ~ opinion of the Dopa~:nent, is thcompe~nL
or who~g goI~:ll~, b~oll~ dgtrhIlglltaJ tO the work, nhall immeclinteJy be remov~ bom as~lJOll with the
projecL
Gl6. PlOCal'~ll~lt Staadarda
The SabgIantee shall maintain pmcarcmem samdarcls which mint or cxcl:ed the l~lUhcmen~ as appmpri~.e, oE
* 49 CFR 18, 'Uniform Administrative Requirements for Grantg and Cooperative Agreeme~ to State and
Local Governmems," or,
· OMB Cimular A=110, "Uniform Rcquhcm~n~ts for Grants to Unrvewilies, Hospjlal~. and Other Nonprofit
Org~izmions."
Gl7. Ila~lram:e
When ~ by the Depanme~ the Subgrantee, ffother than a State agency, ~ha, provide or shall reqmre its
subcontn~tors to ~ a policy of insurance in the maxlrmnn statutory limits for tm~t liability, naming the
l])q~arlm~mt as an additinn~l in_qLr~[ tinier its tu:'Tm~. ~/h~n $o ~ tl~ Sul~gl~ ~h~ll plxIvid~ or gh~ll
requi~ iLS s~onnactor to furnish proof of inva~rance on TxDOT Fo~m 20.102 (12/91) to tl~ ~ and
glmll mainlRm th~ msuran~ dmmg the gram period established in Articte 1.
Gl& Equal Employmeat Oppommity
The Subgtante~ agn~s to comply with Ext~utivc Or'der 11246 entitled "Equal ~mploym~nt Opportunity" as
amemdcd by Executive Order 11375 and as supplemented in DepartmenI of L.a~.a Regulations (41 CFR 00).
I. Coml~lia~e wAfll Re~lafiO~: The Subgrant~ ~hall ~ ~ ~ ~la6o~ ~ ~ ~mina"on
m ~ ~n~ ~m~ of~ U.S ~m ofT~n~ T~ 49, ~ of F~
~ 21 ~ Title 23, ~ ofF~ ~la,~ ~ 710.~5~), ~ ~ ~ ~
~ner ~e~ m ~ ~ ~da~), w~h ~ ~ ~ ~ ~
2 N~d~: ~ ~, ~ ~ to ~ ~ ~ ~ ~ ~ ~ a~L ~ll ~t
~mi~e on ~ ~ of ~, ~oL m~ or ~a~ on~ m ~ ~on ~ ~ ~ ~o~
~h~in~ p~ ~ ~l~ ~ ~ of ~ ~ S~ ~ll ~ ~e ~ ~ or
i~ ~ ~ ~mi~fi~ ~ ~ ~ 21.5 ~ ~ 710.~5~) ~
ei~ ~ m~ ~inE ~ ~ ~ ~ ~ S~ for ~ to ~ ~o~ ~ a ~n~
incl~ ~t ~ ~ ~ ~p~nL ~h~ ~r ~ ~ n~ll
~ ~ ~ ~ ~ ~'s ~ ~ ~ ~t ~ ~ ~la~ ~la~ m
~mi~n on ~ ~ ~ ~1~, ~ or ~io~ o~.
4. ~o~ ~d ~ ~ S~n~ a~ll ~ ~1 ~6on ~ ~
~,mti~ ~ ~ ~ ~um ~, ~ ~11 ~ ~ to im ~
~ of~o~ ~ m ~m ~ ~ ~~~t ~ ~ U.S. ~ of
T~ to ~ ~ to ~ ~ ~ ~ ~da~ ~ ~. ~a~ ~ ~o~
~ S~ ~1 ~ ~ m ~ ~ or ~ U.S. ~ ~T~on
~11 ~ ~ ~ it ~ ~ to ~ ~ ~o~.
5. $~ for N~oH~: ~ ~ ~t ~ ~ ~'s ~lla~ ~ ~ ~i~on
p~ ~ ~ ~~ ~1 ~ ~h ~ ~it ~ ~ U.S. ~~
T~n~ ~ ~ to ~ ~a~ ~1~ ~ ~ limi~ ~:
· ~llafi~ m~,,,i~6~ or ~on of ~ ~t m w~le ~ m ~
6. ~ ~ ~ ~ ~t~ ~11 ~1~ ~ ~o~ of ~ 1
p~t ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~om ~b~ng ~ ~
~m~ia~; ~ ~, ~t in ~ ~ a S~ ~ mvo~
~n ~ a ~ ~ ~lier ~ a ~t ~h ~o~ ~ S~ ~y ~ ~ ~em
to emer m~ ~ h~ to ~ ~ ~ ~ ~ ~ ~i~i~ ~
umt~ Sm~ m e~ into ~h ~n to ~ ~ ~,~ ~ umt~ ~m
Faihim to carE: o~t the requuem~nts set forth above shall constilut¢ a breach of this agr~ment and, alter the
notification of the DepartmenL may result in tcrminalion of th~ ag:reem~t by the ~ or other such remedy
c2t. ~e~~
The Subgrant~ is prohibi~d fi~n making any awan:l or [lerm~ttin~ aily award at a~ty fi~r to ally pally which IS
deban~ or suspended or otherwise excluded fi'om or inelig~ole for particnpation in federal assistance programs
undea' Exec~ve On~ 12549. Debarmem and Suspension.
The ~onntm3~ for the Subgmntee ~ n:9~sents and warranls ~hm sim/be is aa officer oftbe o ~r~niz~fion for
which sim/he has ex~cuZed this agl~'ment and that slm/l~ has full and complete authority to emir imo ~
agi'cemellt on behalf of the o ~r~nniT~tion_ Al the ~ the ni?.~toty for the Subglante~ ~ the grant aglx:ea~nt,
or within th~ ~ heffsli~ will sigll a lo'le~r c[~j~mtin~ S:iL~nahn~ n..ll~rity by positlOll litle for gx~lR-r~lal~d
documents other than the grant ~ or gra~ agio;meat anumdm~ts. ~ other grant-related document~
will include,, but no~ be limiled to, the following: cost assumption plan, appLication for proJeCt e, xtenSton,
G23. As~rnnees and Certiflc,~'ion
TM Sabgran~ alleats tl~t the asawan~s incAuded m Alladunem C of this aga~emem and the certification
included in Allachmetm D of thts agreement are accurate and commL
data basea, soflwa~, immntioms, Warning ,,,~,,,ml~, systt~s d~ign, or mh~r pm~d~ary information in any form or
Co~zhtn: TxDOT, the [o41~r party Ua the contract], and the fedmal goverament i~erve a royalty-free.
nonexchisive, and irr~ocabl¢ license to reproduce, lmbli~h, or oOtea-wise use and to nmhofize oth~ to use for
gowrnment purposes:
· the ~l,yfight in any wt~ d~veloped undea- this agr~ment or under a sabgrant or contract under this
· any ri~oht n of c~:q:}yriEht to which the lather lmrty to the contract], its subgrame::, or conlr, K:tor ixm:hases
ownership of with finaqo~l a~-i,aance hereundm'.
Lfthe grant t'~ults in the development of any intelle~x~al prox~~ as d~ffmed in Tran .~:a'tafion Code, Se~don
201.205. the Department and tl~ Subgrante~ shall j~intly ~ all the righLs, title., and intereats in and to all data
and other information dewloped under the grant Each agency may licea~:, l~produ~, l:mblinh, modify, or
olherwise use and amhorize others to use the copyright in lmy work developed un~r tlus grant All such
docaments will contain a c°pYnght mark ackl:lowlod~ng this joint ownership. There will not be a cliarge to cnther
agency for sach use,
Attachment B
Form 2077-LE (rev. &rZ002)
(GSD-EPC Wo~ 97~
Page1 aC2
Traffic Safety Project Budget
(for Law Enforcement Projects)
Project Title: Impaired Ddv ng Mobilization STEP (FY 2004)
Name of Subgrantee: Citv of Corpus Christi
~ figures to nearest dollar)
Other/
TIDOT State/Local TOTAL
Budget Category I - Labor Costs
(lo0) Salarie~
[] Overtime or [] Regular Time
Salary rates a~e cmimated for budget purposes only.
Rcimb~'sem~lls will be ba~d on att'ual c~ts po- ~mploy~e In
accordano: with Subgrantce's payroll policy and ,~hry
List details:
A. Enfm~r~nt (overtime)
3. Licmcnants: 0.00 hrs. ~ $ per hr.
B PI&E Activities (owrtime)
[nm to exc~l 10% of To~l Sa]arie~ b~lg~ted (] 00)]
C Other (i.e., ov~tm~e ,~aff, sut~rvisory support, conducting
survws, in-house msauctors for OP violators comse)
[not to e~xc~d 10% of C-caad Total Budget Amoum]
Spocify: admin~l~,o
24.00 IL~. @ $3~,60 pot hr.
Total S*l~ies .................................................................
(2O0) Fringe Benefit~
List dc~aitg~
A. FICA 7.65%
B. ~,~R$11.75%
C. TMRS 11.96% (rate chan~e 0q/01/04)
D.
To~d Friage Beflefits ......................................................
(300) Tr~vel ~d Per Diem*
Rcimbu~cmcn~s will be based in accordance with Subgcantee's
Lmvcl policy, no~ to cxc~cl slate ratc~.
L Total L~lmr Cos~ (100 + 200 + 300) ....................................
61,484 0 61~484
0
0
0
83O 83O
62014 0 62014
4,767 4~767
2,443 2~443
4~966 4:.966
0
12~176 0 12,176
0 0
74~490 0 74r490
* Budget Detail: As an atlachment to the budget, a justification and a detailed cost breakdown is requi~ for all
costs included for Travel (300), Equipment (400), Supplies (500), Conlxactmfl Services (600), and Indirect Cost
Rates (803)
TxDOT F0~Tn 2077-LE (rev, 8~2002)
(GSD-EPC We~d 97)
Page 2 oi'2
Attachment B
Projec~ T~e: Impamd ~ Mob~za~on STEP (FY 2004)
Subgrantee: C~ o~ c_~q=~s Chn~
(Roam:l figu~s to nearest dollar)
O~erl
TxDOT Slat~al TOTAL
Budget Category H - Other Direct Costs
(400) Equipmeut*. ...........................................................
(50~) Sapplies* .............................................................
(604)) Contractual Services* ................................................
(700) Other Miscellaneous*
,~ Subgrantce Vekiclc Mile. age:
Ratea used only for budget estimate. Reimbursement will
be made according to the approved subgrantce's average
cost per mile to operate patrol vehicles, not to exceed 1Jae
slate rate. Documentation of cost per mile is ~quired prior
to reimbtusemcnt.
1,455.00 mil~s ~ $9.3.500 per mile
B. Regis~a~on fees (e~in~. ~, oonfe~e~c~ ~.) ................
C. Public information & education (PI&E) mate~tls ................
1. Educational i~ems = $.__
(eg: brochures, bnm.ner slickers, poste~, fliers, etc.)
2. Promotional items = $
(eg.: k~'ny chins, magnet, ~ ~ mug~. etc.)
TotaJ Other Mis~flaneou~ ...............................................
II Te~al Other Din~ct Costs (400 + 54N) + 600 + 700) .............
0 0 0
0 0 0
0 0 0
510 510
0 0 0
0 0 0
510 0 510
510 0 510
Budget Category 11I - Indirect Costs
(SO0) ~uai~ct Cost ~* (at %) ..............................
0 0 0
Summary:
Total Labor Costs ............................................................ __ 74~490 0 74~490
Total Other Dir~t't Co~ ........................................... 510 0 510
Total Indirect Costs ........................................... 0 0 0
Grand Total (I+H+IH) ................................................. 75,00~ 0 75,000
Fund Sources (l?ercem Sham) ............................ 100.00% 0.00%
NOTE: The am~mnt available for the July 4th Mobilization is $25000 (state doHam) and the ammmt for the
Laher Day Mobilizafio~ is $25~000 (federal dollars).
* Budget Detail: As an attachment to the budget, a jus~ificatton and a detailed cost breakdown Ls reqmred for all
cos~ included for Travel (300), Equipment (400), Supplie~ (500), Contractual Services (600), and Indirect Cost
Rates (8oo)
Project Title: Imparted Driving Mobilization STEP - Labor Day 2004
Name of Subgrantee: City of Corpus Christi
Budget Detail
BUDGET CATEGORY I - LABOR COSTS
(lOO) Salaries
A~ ENFORCEMENT (overtime)
1. Offi~.~ ~(~ 1,77Thours
2_ Sergeants:
3. Lieui~nm nl~'
B. PI&,E AUIIVfflI~S (overtune)
[n~t to ~ 10% of (100) ~laries]
c' crm
edernl I to al/ ttt I
$34 60~er ho~r** = $ 61,484 $ 61,484 $ $ 61,484
0houl~
$0.00,~ hour = S $ S $
O~
$0.o0pet hour = S $ S
S $ S
(i.e., overtime .~a-aff. su~rvxsory ~wt~ort, cm~huYdng ~ m-hou~ inm'uxXom for OP violah-n's
court: not to ¢:,~ 10~A of to~l grant amamt) Type, # bourn, role =
1. Officers: administrate pagetwork
24~mm ~ S34.60~erhoux=I $ 83o $
TOTAL SALARIES I S 62,314 S
(200) Fringe B~nefrts
(~oo) Frin~ Benefits [
A. Rate: (ffn~lincludedinhoarlyrate)
7.65% $ 4,767.07
11.75% $ 2.443.37
11.96% $ 4,965.79
B. Other salarie~:
$ 83O
S 62~314
Federal Loc~Stste TOTAL
19.40% $12,176 $ $12,176
(700) Other Miscellaneous
lal¢ changc 01/0
Federal Local/State TOTAL
(700) Other Mitw~llaneoas I
A_ SUBGRANTEE VEHICLE MILEAGE
Rates used only br budget esfinmte. Reimbursement will be
made according to the approved Subgrantee's average cost per
mile to operate patrol vehiclea, not to exceed the slate rate.
Documental~on of cost per mile is required prior to reimbursement
For Match Only: ~per mile = [
1,4551~mles* at $ 0 3500
TOTAL OTltER MISCELLANEOUS
$ 510 $ - $ 510
$ 510[ S IS 510
C ity of
corpus
Christi
May 14, 2004
Sherry McLeroy
Texas Depa, tment of Transportation
P O Box 9907
Corpus Christi, Texas 78469
Dear Ms. McLeroy,
The Corpus Christi Police Dep~gnent verifies that all officers working the Impaked
Driving Mobiliz~on STEP gr&nt from June 28 - July 11 &nd August 27 - September 12,
2004 ~re trained in the National Highway Traffic Safety Administraion/Internation~
Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). Officers
receive the n-~qing ~sp~t of their Academy cam-iculum; therefore ~11 of our sworn
officers eligible to work the grant have alrcady received the training
This is in ~cord~nce with RESPONSIBILITIES OF THE SUBGRANTEE under our
contract.
PMppe
Chief of Police
Police Department
RO. Box 9016 · Corpus Cbaisti, Texas 78469-9016 · (512) 886-2(O0
Attachment C
FOnln 1854 (Rev. 11/12c2~02)
(GSD~PC Won:197)
Page ~ or2
STANDARD ASSURANCES
The Subgran~e hereby assures and certifi~ that it will ~.~.,mply with the regulations, policies, guidelines, and
requimme~, includmE 49 CFR 18 and OMB Circuit A-87, or OMB Circulars A-110 and A-21, or OMB
C~ A. 110 and A-122, as tl~ relate to the applicatioa, ac,'s~ane~ and use of fi:deral or stal~ fuads fi:n
this proj~t. Also, th~ Subgtant~ ~ and oa'tifies to I~e gram ~hat:
It poss~,ses legal authority to apply for the grant; that a resolutioa, moaon, or similar aafioa has be~n duly
adopted or passed as an o~cial a~t to the applicant's g~verni~ Ixxiy, authorizing the filing of the
applicat~oo, including all und~taodm~ and assuraa~s eo~ained th~, and dido'inE and authorizin~
It will comply with Title VI of the Civil Right~ Act of 1964 (Public Law 88-352) ~ in accordance with
Title VI of that Act, no l~.~on m the Unit~l Slates ~hall. oa the grom~ of m~e, color, or national ~ ~
excluded from partici[~on in, be dmiod benefits of, or be olv~vise subjex~d t~ ~oa under any
3
It will comply with Title VI of Civil giEht~ Act of 1964 (42 USC 2000d) prohibiting en~. loymcm
di~iminalioa wh~e (1) the primm3' purpose of a grant is to provide ~ploym~nt or (2)
employment pracl~es will result m unequal tn~an~ of I~rsons who axe or should be benefitinE fxom the
It will comply with natmreme~ of the prowsions of the Uniform Relocalion Assistance and Pa:al Property
Acquisifi~xs Act of 1970 (PL 91-646) which provides for fair a:xl equitable treatment of persons displaced
as a result of federal and federally assist~ progxan~.
5 It will comply with the provisions of the Hatch Act which limit tl~ political activity of employeeS.
6. It will o:,mply with the minimum wage and maximum hours pmV~ion$ of the Federal Fair Labor S~
A~ as they apply to hospital and educational institution ~,,.,,{oy~ of State and local govemmams.
It mil establish safeguanls t~ pngmbit ~nployoes fixxn using their positions for a p~ that is or gives
the appearan~ of bong motivated by a desire ilar private ~oain f-or themselves or others, particularly those
with whom thc-y have family, business, or othex ties.
h will give the sponsoring ~ the access to and the right to e"xamine all records, books, papers, or
docutmuts related to the g~ant.
9. It will comply with all requinm~nts imposed by the sponsonng ag{amy concerning spe~al mqumm~nts of
law, program requirm~nts, and other adminisarative requimmcnl~.
TxDOT Form 1854 (Rev. 11/t2r2902) AlSachmcat C (continued)
Page 2 o~2
10.
It will ~sure that the facilities under its ownemhip, lease, supervision which ,hall be utiliz~ in the
accompli~hrm~ of the project are no~ ~ on the Environmenlal Pro~gtion Agency's (EPA) list of
Violating Fatalities and that it will notify the federal grantor agency of the re'apt of any communication
from the Director oft~ EPA Office of Federal Activities mdi~tting flaat a facility to be used in the project
is uncL~r consideration for listing by tJ~e EPA.
11.
It will comply with the flood msaraace purchase ~xluh~u6'nts of Section 102(a) oft. he Flood DL~aster
Prot. ecdon Act of 1973, PL 93-234, 87 Stat. 975, approved E~-~'~aber 31, 1976. Section 102(a) requiz~s, on
and ~ March 2, 1975, the purcha~ of flood insurance m c~maanilJcs wh6~ such insurance is avnilnhlc
as a condition f~r the re~4pt ofaay federal financial assistance for construction or acquisition pu_rpos~ for
use in any area that has been identified by the Secretary of the Depm~ummt of Housing and Urban
any form of lean, grant, guaranty, insuran~ paymem, reba~, subsidy, disastex assistance loan or grant, or
any form of direct or indireet ftx/eral ~.
12. It will assist the gran~r agettey m its comphance with Section 106 oftlie National Historic preservaaon
Act of 1966 as ame~ (16 USC 470), Executive Order 11593, and ~ As~heological and Historic
Preservafi~ Act of 1966 (16 USC 469a-1 et seq.) by (a) consulting with the Slate l-Iismric Preservalaon
Officer to conduct the mvesfi~vatu~, as m:cessary, to identify prapertaes listed in or eligible for inclusion in
the National Register of Historic Places that arc subjoct to advc~e e, ff~-ts (se~ 36 CFR 8003) by tl~
ax:~Mty, and nctifying the ~ grantor age:ney of tl~ existence of any such properties, a~l by (b)
complying w~th all requtr~x~ts established by the federal grantor agency to avoid or mitigate ~
uff~ct.s upon such properties.
13. It will comply with Chalet 573 of the Texas Govemmeag Code by ~xring fl~at no officer. ~angloyee. or
m,mber of the apphcant's governing body of the applicant's granI nhall v~: or ccmfirm l~e employment of
any pe~on relat~l within I~e second de~ of am~h'y or thm:l dg~e by c~m~m~inity to ~y ~r of
the governing body or to any other officer or employee authorized to exaploy or supervise such person. This
prohibition shall n~ prohibit the employment ora person described in Secnon 573.062 oft. he Texas
Governmea~ Code
It will ensun: that all information collcc~:d, assembled, or maintained by the appl/mnt relative to this
project shall be available m the public during normal Imsiness lmum in ctaupliaace with Chapter 552 of the
Texas Gow, muent Code. unle~ otherwise cxp~ssly provld~ by law
It will cnmply with ChaFter 551 of the Texas Government Code. which requires all reg,,l=~, special, or
called moe~n~ of gove~mmmm~l bodies to be open to the public, except as otherwise provided by law or
specifically p~,mjnvH in the Texas Constitution.
Attachment D
Form 1855 (R~. 5"2002)
(GSD-EPC ~ 97)
page 1 oi= 1
DEBARMENT CERTIFICATION
(1) The SUBGRANIEE certifies to the best of its knowledge and belief, that ~t and its principals;
(a) Are not presently debarred, suspended, proposed for deban~nt declared ineligible or
voluntarily excluded from covered transactions by any federal department o~ agency;
Co)
Haw not within a ttm~-y~ar p~nod pre~'li~g this proposal bom convicted of or had a civil
jud~r~nt naxicr~1%zai~t them for c~,~dssioa of fraud o~ a crimir~l offense in conm~on
with obtnininE, as~[,lfl ;nt~ to obtain, or pcq'fiarlninE a fex/eral, ~nte~ or local public trane, aCtion or
c~mhact under a public L, anaacfion; violation of fedmal or state aatitsust statutes or comminsiofl
of ¢nxtb¢~ thel~ forgery, bn~-y, falsification or destructicm of records, malting f-al~
(c)
Am not presently indic~_~ for othcamise c~nminally or civilly charged by a federal, ~at% or local
g~vernmemal e~,ty with commission of any of the off~ases enumerated in paragraph (l)(b) of
(gl) H~v¢ ~ whanin a three-year Period pna:edi~ this applicatton/proposal hurl one or more federal,
shale, or local public ~ termi~-aterl ilar cause or default.
(2) Where the SUBGRANTEE is .nahle to certify to any of'the s*a*~roents in this certification, such
SUBGRANTEE shall allach an explanation to this certification.
Signature of Certifying Offic~
George K. Noe, City Manager
Tale
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR AN IMPAIRED DRIVING MOBILIZATION
SELECTIVE TRAFFIC ENFORCEMENT PROJECT(STEP) GRANT FOR
DWI ENFORCEMENT WITHIN THE POLICE DEPARTMENT AND TO
EXECUTE ALL RELATED DOCUMENTS
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 Texas Department of Transportation for an Impaired Ddving
Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement
within the Police Department and to execute all related documents.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 1, 2004
Lisa Aguilar (.~
Assistant City Attomey
for City Attorney
Samuel L. Neal, Jr.
Mayor
June 8 2004 TXDOT. doc
Corpus Christi, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Gan-eft
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $25,000 FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR FUNDING OF AN IMPAIRED
DRIVING MOBILIZATION SELECTIVE TRAFFIC
ENFORCEMENT PROJECT (STEP) GRANT FOR DWI
ENFORCEMENT OVERTIME WITHIN THE POLICE
DEPARTMENT IN THE NO. 1061 POLICE GRANTS FUND; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $25,000 from the Texas Department of Transportation is
appropriated in the No. 1061 Police Grants Fund for funding of an impaired
driving mobilization selective traffic enforcement project (STEP) grant for DWI
enforcement overtime within the Police Department.
SECTION 2. 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 ,2004.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: May 26, 2004
Lisa Aguilar/)
Assistant C'it~ Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
day of ,2004
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 censideratJon and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charier rule and pass this ordinance finally on the date it is introduced, or
at the present mccting of the City Council.
Respectfully, Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
6
AGENDA MEMORANDUM
Date: June 8, 2004
SUB3ECT: South Texas Library System Amendment to Grant Contract # 470-04004 for state
fiscal year 2003-2004.
AGENDA ITEMS:
a.) Resolution author/zing the City Manager or his designee to accept an amendment for a
grant increase in the amount of $70,632 to grant contract # 470-04004 with the Texas
State Library and Archives Commission to augment funds to allow the purchase of
library materials for 52 member libraries and to continue day-to-day opemtious of the
South Texas Library System.
b.) Ordinance appropriating an additional $70,632 in an amendment to contract #470-04004
from the Texas State Library and Archives Commission in the no. 1068 Libraries grant
fund to augment funds to allow the purchase of library materials for 52 member libraries
and to basic operations of the South Texas Library System; and declaring an emergency.
ISSUE:
The Texas State Library and Archives Commission designates and funds ten regional library
systems in Texas each fiscal year. Corpus Christi Public Library has been the Major Resource
Center for South Texas Library System since 1971-72.
The purpose of the South Texas Library System (STLS) is to provide supplementary and
auxiliary services to its 52 member libraries in a 26-county area of South Texas. Corpus Christi
Public Library is both administrative headquarters for STLS and a fully participating member of
STLS. Current programs are: Admiifistration, Collection Developmenl, Consulting, Continuing
Education, Literacy, Networked Resources, Outreach Services, and Reference Backup.
This contract amendment brings the contract total to $706,323 compared with $753,411 for last
state fiscal year. The 6% reduction is comparable to reductions in other state programs.
PREVIOUS COUNCIL ACTION:
Contract # 470-04004 providing $635,691 was originally approved and funds appropriated by
Council on September 16, 2003 by M2003-322.
REQUIRED COUNCIL ACTION:
Contracts in excess of $25,000 and appropriation of funds require City Council approval.
RECOMMENDATIONS:
Staff recommends acceptance of amendment and appropriation of funds.
Herb Canales
Director of Libraries
GRANT #: 470-04004
INDEX #: 24111
AMENDMENT NUMBER ONE
GRANT CONTRACT BETWEEN
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
A~d
City of Corpus Christi, Corpus Christi Public Library
The contract entered into by and between the Texas State Library and Archives Commission and
City of Corl~us Christi, Corl~us Christi Public Library, on September 1, 2003 (Original Grant
Contract) is hereby amended according to the changes outlined herein. Except as set forth herein,
all of the terms and conditions of the Original Grant Contract shall remain in full force and effect. In
the event of conflicting provisions or additive provisions causing conflict between the terms of the
Original Grant Contract and this Amendment Number One, the terms of Amendment Number One
shall control.
IV.
GRANT AMOUNTS
A. The amount of the grant shall be increase by $70,632, and the total amount of the grant
contract shall not exceed: ~706r323. The additional amount shall be payable from
General Revenue funds.
STATEMENT OF SERVICES TO BE PERFORMED
The Grantee will comply during the period of tttis contract and provide services outlined
within the application, System Plan of Service for State FY04, and Amended System Plan of
Service for State FY04, as approved by the Grantor. System activities shall support and
encourage the active and successful participation by libraries in services offered by the
System and the Grantor.
APPROVED:
GRANTOR
GRANTEE
Edward Seidenberg, Assistant State Librarian
Signature (Must be an offficial empowered
to enter into contracts)
Donna Osborne, Chief Fiscal Officer
Typewritten or Printed Name
Title
Date Date
Texas State Library & Archives Conunission
Fiscal Ye. ar 2004 Library System Operation Grant - Amendment Number One
Assistant City Attorney for
City Attorney
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT AN AMENDMENT FOR A GRANT INCREASE
IN THE AMOUNT OF $70,632 TO GRANT CONTRACT NO. 470-04004
WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
TO AUGMENT FUNDS TO ALLOW THE PURCHASE OF LIBRARY
MATERIALS FOR FIFTY-TWO (52) MEMBER LIBRARIES AND TO
CONTINUE BASIC OPERATIONS OF THE SOUTH TEXAS LIBRARY
SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. That the City Manager. or the City Manager's designee, is authorized to
accept an amendment for a grant increase in the amount of $70,632 to grant contract
No. 470-04004 with the Texas State Library and Archives Commission to augment
funds to allow the purchase of library materials for fifty-two (52) member libraries and to
continue basic operations of the South Texas Library System.
AFl'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: June 1, 2004
Samuel L. Neal, Jr.
Mayor
Lisa Aguilar
Assistant City Atto-mey
for City Attorney
Corpus Christi, Texas
of ,2004
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 Scott
ORDINANCE
APPROPRIATING AN ADDITIONAL $70,632 IN AN
AMENDMENT TO CONTRACT NO. 470-04004 FROM THE
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION IN THE
NO. 1068 LIBRARIES GRANT FUND TO AUGMENT FUNDS TO
ALLOW THE PURCHASE OF LIBRARY MATERIALS FOR
FIFTY-TWO (52) MEMBER LIBRARIES AND TO CONTINUE
BASIC OPERATIONS OF THE SOUTH TEXAS LIBRARY
SYSTEM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'I-Y OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That an additional $70,632 in an amendment to Contract No. 470-
04004 from the Texas State Library and Archives Commission is appropriated in
the No. 1068 Libraries Grant Fund to augment funds to allow the purchase of
library materials for fifty-two (52) member libraries and to continue basic
operations of the South Texas Library System.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of ,2004.
Al-rEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
Ci~Secretary
Approved: June ?_, 2004
Lisa A~uilar~~4~
Assistant City Attomey
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
7
AGENDA MEMORANDUM
DATE: June 8, 2004
SUBJECT: Northside / Port Area Infrastructure Improvements (Project No. 8468)
AGENDA ~EM:
Moron authorizing the City Manager, or his designee, to award a Construction Contract to
Jalco, Inc. of Houston, Texas in the amount of $5,355,307.30 for Northslde / Port Area
Infrastructure Improvements.
Motion authodTJng the City Manager, or his designee, to award Change Order No. I to a
construction contract with Jalco, Inc. of Houston, Texas in the amount of $317,479.10 for
Northside / Port Area Infrastructure Improvements.
Motion authorizing the City Manager, or his designee, to execute an Inspection Services
conlract with Goldston Engineering, Inc. of Corpus Chdsfi, Texas in an amount not to
exceed $260,000 for the Northside / Port Area Infrastructure Improvemenls and Resaca Lift
Station and 48" Wastewater Gravity Line projects.
ISSUE: The proposed project is necessary for infrastructure improvements to support the
Northside / Port development.
FUNDING: Funds to finance the proposed project are available in the FY 2003-2004
Water, Wastewater, Storm Water and Street Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
Foster Crowell,
Director of Wastewater Services
~'~.n~e! R. Escobar, P. E.,
Director of Engineering Services
Ed u~rdjb (~fa rj~ria,
Dire~rr ol_~'ater Services
Valede Gray, P. E.,
Director of Storm Water Services
Additional Sul~13ort Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit"D" Location Map
BACKGROUNDINFORMATION
SUBJECT: Northside / Pod Area InfTastmcture Improvements (Project No. 8468)
PRIOR COUNCIL ACTION:
1. October 24, 2003 - Motion authorizing the City Manager, or his designee, to
execute an architectural services contract in an amount not to exceed
$1,240,000_00 with HKS, Inc. of Dallas, Texas 1or the Professional Minor league
Baseball Stadium (Motion No. M2003-370).
2. October 24, 2003 - Motion authorizing the City Manager, or his designee, to execute
a project management services contract in an amount not to exceed $475,'175.00
with Anderson Group Construction Management, Inc. of Corpus Chdsti for the
Professional Minor League Baseball Stadium (Motion No. M2003-371).
3. October 28.2003 - Motion authorizing the City Manager, or his designee, to execute
a geotechnical investigation contract in an amount not to exceed $33,400.00 with
Kleinfelder of Corpus Chdsti, Texas for the Professional Minor League Baseball
Stadium (Motion No. M2003-389).
4. November 1'1, 2003 - Motion authori;,ing the City Manager, or his designee, to
execute a demolition contract with Cherry Demolition Company, of Houston, Texas,
in an amount not to exceed $466,000 for the Demolition of Compress Units 1, 2,
and 3 for Stadium Construction subject to approval of an agreement with the Port of
Corpus Chdsti Authority to purchase the property (Motion No. M2003-405).
5. December 9, 2003 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in an amount not to exceed $32,500.00
with Wilbur Smith and Associates, Inc. of Dallas, Texas for a parking, roadway, and
traffic study for the Professional Minor League Baseball Stadium (Motion No.
M2003~434).
6. December 16,2003 - Motion authorizing the City Manger to execute a binding
agreement with RSR Sports, Inc. relating to the location and operation of a minor
league baseball team in the City (Motion No. M2003-452).
7. January 27, 2004 - Motion authorizing the City Manager, or his designee, to
execute a consultant contract for engineering services with MEI Govind, Inc. of
Corpus Chdsti, Texas in the amount of $351,021 for Northside / Port Area
Infrastructure Improvements (Motion No. M2004-036).
8. February 10, 2004 -Approval of the Capital Improvement Program FY 2003-2004
(Ordinance No. 025647).
PRIOR ADMINISTRATIVE ACTION:
1. October 10, 2003 - Distribution of Request For Proposals (RFP) No. 2003-06
(Professional Minor League Baseball Stadium Project) to 3 local contractors and 6
out of town contractors for Construction Manager at Risk.
2. November 12, 2003- Addendum No. 1 to the For Proposals (RFP) No. 2003-06
(Pro[essional Minor League Baseball Stadium Project) to 3 local contractors and 6
out of town contractors for Construction Manager at Risk_
EXHIBIT "A"
Page'1of5 I
PRIOR ADMINISTRATIVE ACTION (continued):
3. January 9, 2004 - Executed Testing Agreement with Fugro South, Inc. in the
amount of $11,935 for the Northside / Port Area Infrastructure Improvements.
4. March 2, 2004 - Executed Amendment No. 1 to the Testing Agreement with Fugro
South, Inc. in the amount of $2,470, for a total re-stated fee of $14,405, for the
Northside / Port Area Infrastructure Improvements.
PROJECT BACKGROUND: On Tuesday, November 5, 2002, city voters approved the
implementation of a 4A sales and use tax, a portion of which was to be used for
construction of a Professional Minor League Baseball Stadium in the Port of Corpus Chdsti
area. The stadium will be configured to "AA" standards with a capacity for 6,000
attendees. The project will be located on the site of the current cotton compress
warehouses owned by the Port of Corpus Christ west of the Harbor Bddge (U. S. 181)_
The facility will front on Port Avenue with parking to be provided west of the site by the Port
of Corpus Chdsti. Additional parking is to be developed south of the site. The site will
include approximately 300 parking spaced for V.I.P and team use. The City is committed
to construction of the facility in the amount of $15,000,000. This amount includes the
extension of Tancahua to Port Avenue.
PROJECT DESCRIPTION: The project consists of installation of new wastewater lines
and manholes; new water lines; new storm sewer pipes and manholes; drainage ditch and
box culvert improvements; along with the reconstruction of portions of North Tancahua
Street and Power Street and repairs to East Port Avenue as shown on the plans and called
for the specifications and contract documents.
The intent of Northside/Port Area Infrastructure Improvement Project is to improve water,
wastewater and storm water services for the new Baseball Park, Port Area, expanded
Convention Center and new Arena area and for future developments in this general area.
These improvements include installation of:
· a new 16" water line along Port Avenue from Sam Rankin Avenue to Mesquite
Street,
· a new 12" water line along North Tancahua from Belden to Port Avenue_
These improvements will enhance the water pressure and supply capacity of the system.
The wastewater improvements include:
· a 15" gravity line which will serve the Ball Park and the proposed hotel and other
development in the area,
· an 18" gravity line along Hughes Street from North Tancahua to Mesquite Street,
which is to serve the expanded Convention Center and new Arena and any future
growth in the Heritage Park / Museum Area,
· a new 36" gravity line is to be installed on Power Street from Mesquite Street to
North Tancahua. It will intercept flows from the downtown area to help eliminate I/I
problems,
· new consecutive 36", 24", and 18" gravity line on North Tancahua from Power
Street to Port Avenue, and
EXHIBIT "A" I
Page 2 of 5
· a new 48" gravity line on Resaca Street from North Tancahua to the Broadway
Wastewater Treatment Plant site.
Besides providing more capacity, this system will replace a deteriorated 24" gravity line
which has been the main cause of overflows in the downtown area due to Infiltration dudng
heavy rains.
The storm water improvements include:
· widening and regrading of an existing drainage ditch along the old Hughes Street
right-of-way from North Tancahua to the Salt Flats drainage outfall system,
including the addition of a new 36" flapper gate at the ouffall,
· installation of new 18" to 48" pipe, inlets, and manholes on North Tancahua Street
from Power to Port Avenue, and
· the installation of double 6' x 5' concrete box culverts from North Tancahua east to
the SH 181 right-of-way to support the future storm water pump station that will
service the areas around the Ball Park, the Port's military staging area, and the
Arena/Convention Canter area.
The installation of the large drainage boxes is being done to avoid any damage of newly
constructed street and to minimize disruption of traffic in the developed area around the
Ball Park in the future.
BID INFORMATION: The City received proposals from four (4) bidders on April 28, 2004.
See Exhibit "B" Bid Tabulation. The bids range from $5,355,307.30 to $6,206,444.00_
The Engineer's estimated construction cost for the project is $5,795,570. The City's
consultant, MEI Mavedck Engineering, and City staff recommend that the Total Base Bid
be awarded in the amount of $5,355,307.30 to Jalco, Inc. of Houston, Texas for the
Northside / Port Area Infrastructure Improvements Project.
CHANGE ORDER BACKGROUND: This Change Order (CO #1) for the Northside/Port
Area Improvements Project is required at this time for the following reasons:
In order to meet the Apdl 2005 commitment for completion of the baseball stadium, this
project was placed on a design "fast track". The fast tracking of the design for Ihis project
would abbreviate the normal design time frame, which in turn would provide more time for
the required construction activity time frame_ As stated by its title, this project will provide
the required infrastructure improvements for the numerous proposed projects in the
Northside and Port areas of the cibJ.
There are several projects which will interface with the Nodhside / Port Area Infrastructure
Improvements Project. These projects include: 1. the new Whataburger Stadium
2. the Port's new associated parking lots
3. the Port's proposed Rail Storage Yard
4. the City's proposed Storm Water Pump Station and associated infrastructure
EXHIBIT "A" I
Page 3 of 5
Due to the fast track design schedule for the Northside / Port Area Infrastructure
Improvements project, this project was designed ahead of the proposed adjacent projects,
which are currently in vadous phases of design. As these surrounding projects have made
significant advances toward design completion since the Northside / Port Area
infrastructure Improvements project was bid, this has required that several adjustments be
made in order to properly interface with the adjacent projects.
As noted above, the Port of Corpus ChdstJ Authority has several planned projects in the
immediate area. Although MEI participated in coordination meetings with the Port during
the design phase for the Northside / Port Area Infrastructure project, detailed information
regarding these adjacent Port projects was not available dudng the design of this project.
Subsequent to the bid opening for the Northside / Port Area Infrastructure Improvements
project, additional information has been made available from the Port which necessitated
changed to the Northside / Port Area Infrastructure Improvements project. The information
provided by the Port included new requirements for loading and off-loading equipment for
the Port's future Rail Storage Facility. Although the Northside / Port Area Infrastructure
Improvements are being funded by the City, much of the improvements will be constructed
on Port property and, therefore, must be compatible with future Port projects for which the
designs have not yet been completed.
The majority of the changes included in this change order are for storm water
improvements to incorporate the upstream portion of the Cites proposed Storm Water
Pump Station. These improvements will be constructed under the current project to avoid
demolition and/or removal of portions of the current project when the storm water pump
station improvements are constructed in the future. This change order will also minimize
the need for changes to the project scope dudng construction.
Maverick Engineering, the City's consultant for this project, has reviewed and evaluated
Change Order No. 1 and concurred that this is an appropriate and allowable expense for
this project. Their basis for award of the change order at this time includes:
1. The design phase of this project was completed before the numerous surrounding
projects. As these adjacent projects have made significant advances toward
design completion, the Northside / Port Area Infrastructure project has required
that several adjustments be made in order to propedy interface with the adjacent
projects.
2. The changes outlined in Change Order No. 1 are predominately storm water
Improvements. These proposed improvements have been incorporated to
facilitate the construction of the proposed pump station for the area. These
changes will also minimize the demolition/removal of the original project
improvements when the construction of the associated projects occurs.
3. The changes will also provide the proper infrastructure for the Port's proposed Rail
Storage Facility and their new parking lots.
EXHIBIT"A"
Page 4 of 5
CONTRACT TERMS: The contract specifies that the project will be completed in 295
calendar days, with completion anticipated by Apdl 2005. Liquidated damages in the
amount of $3,000 per calendar day will be assessed for each day past the completion date.
EXHIBIT "A"
Page 5 of 5 I
17,713 SY $8.(X) $141~704.00 $23.70 .$,419,798.10
60 CY ,~5.00 $3,900.00 $33.00 $1,980.00
120 TF $30.00 $3,000.00 $18.50 $2,.220.00
13,052 SY $4.00 $52,208.00 $1.80 $20,8B3.20
13,052 SY $3.50 $45,682.00 $4.00 $52,208.00
13,052 SY $14.00 $182~728.00 $t2.00 $15~,624.00
1,649 GAL $3.00 $4,947.00 $2.20 $3~627.80
10~895 SY $7.00 $76,g~5.00 $t0.50 $115,447.50
10,895 SY $8.00 $85~970.00 $g.30 $102,253.50
1,907 SY $20.00 $38,140.00 $14.00 $261698.00
488 SF $28.00 $13,008.00 $22.50 $10,835.00
78 TI= $112.00 $8,736.00 $82.g0
ENGINEER'S ESI'~MATE: $5,71lZ~'0.00
$25.00 $442,825.00 $18.00 $336,547.00
$130.00 $7,800.00 $300.00 $18,000.00
$25.00 $3,000.00 $12.00 $1~4-40.00
$1.00 $13,052.00 $1.50 $19,578.00
$4.00 $52,208.00 $4.25 $55,471.00
$13.00 $169,676.00 S1800 $234,936.00
$2.00 $3,296.00 *~,4.00 $8,596.0Q
$8.30 $89,268.50 $8.00 $87,960.00
$8.25 $88~718 75 $7.00 $76,965.00
$10.00 $19,070.00 $9.00 $17,163.00
$43.00 $20,888.00 $32.00 $15,552.00
$210.~0 $15,36(~.00 $100.0(3 $14,664.00
I
Baelin~ Joint= In C,o~cm~e Pnvemenr, r,,omp~{~ in
A13 ~, ~ ~r F~ 5,~
~ C~ In ~te P~ ~mp~
A14 ~ ~, ~F~t 3,~
~ P~t R~ir
A15 ~ 1), ~ In ~, ~r ~ Ya~ ~2 SY
~pha~ Pa~t
A18 ~ 3), ~ ~ ~, ~ ~u~Ya~ t~ SY
A17 ~L~F~ ~
A18 ~uam F~ 27~72 SF
~n~e Cu~ ~mp, ~ete In p~, ~
A19 ~uam F~ 1,939 SF
Co~ete ~, ~mp~ ~ ~, ~
~0 F~t 4,~ SF
U~n~ D~y R~al, ~
~1 F~t 1~ SF
SF
A22 Unanticipated Sidewalk Removal, p~- Square Foot 1(30
Remove & Reprace G' Chaln-Lhlk Fence with 3
Strands Barbed VV~m, c~rnplete in lY~ace, per
A23 linear Fool 100
$1.00 $5,000.00
$2.0~
$75.0~ $57,900.00
$55.00 $10,120.00
~4.00 $1,200.00
;3.50 $g5,452.00
;900 $17,451.00
;6.00 $27,1)76.00
i3.00
$6.30 $16,5~O,00
$4.00 $15,800.0~
$64.00 .~19,408,00
$24.00 $4,416.00
$1.00 $300,00
$2_70 $73,634.40
$12.60 $24,431,40
$3.80 $17,654.80
$10,00 $1,000.00
$10.00 $1,000.00
ENGINEER'S ESTIMATE: $6,792,~70.00
$8.25 $31,250.00 $4,00 $20,000.00
$3.50 $13,650.00 S5.00 $19,500.00
$74.00 $57,128.00 $123.00 $94,956.00
$58.00 $10,672.00 $50.00
$3.00 $600.00 $2.00 $800.00
$3.70 $ 100,906.40 $4.00 $ 10g,088.00
$18.00 $3,4,902.00 $1§.00 $31,024.00
$650 $30,199.00 $8.00 $27,876.00
$8.00 S800.00 $7.00 :$700.00
$6.0B $500.B{3 $7.~3 $700.99
LF $16.00 $1,600.00 $54.00 $5,400.00 $12.00 $1,200.00 $18.00 $1,600.00
A24 SurveyMonument~ complete in pIGC~I perEach 2 EA $800.00 Sl,600.00 $500.00 $1,000.00 Sg0.00 $180.00 :$2.20.00 $440.00
NOR,.11.i~ i pO~T AREA iN Fla. A.STRUCi~ila, E i~RGg~M E/4Ta
~ PRO~EC~ NO, ~)
A34
A35 ~s, c~mp,~eta In place, p~r Unear F(x~t
Page 3 of 12
Rel~::t~ Pavement Marking TYPE I
A2.e {W)("A~ROW"), (~omp~e~ b placs, per E~ch 4 EA
Ref~c~,e Paveme~ Mark~ 'P~E I
A2.7 (¥V)(~ONLY'), complete In place, per Each 4
Rer~cb~ve pavement Ma~lng TYPE I
A2.8 0N)(4'~/[BRK), cz3mplete in phace, per LIr~ar Foot 50 LF
Reflective pavement Maddng TYPE I
A29 0/V)(8')($LD), complete in pi~ce, per LIr~ar Foot 69 LF
Rer~c~ Pavement Maztdng TYPE I
(Y~4')(SLD)(DBL).c~mi:~e{e in piac~,p~ ~
A30 Foot 4,078 LF
Rer~::flve Pavement Maridng TYPE I
A31 (W)(4'~$LD), coml:~e~ in pi, ace, per Unear Foot 5,5~2 LF
Reflecfl'~ Paveme~. ~ TYPE I
A32 (W~12'~Gom), cor~te in place, p~r Lme~' F(x~t 52.2 LF
Reflec:lNe pavement Ma~ TYPE I
A33 (W~24')(SLD), complet~ ~n piece, per Lmar Foot 2~4 LF
Reflecb've Pavement Mad(lng TYPE I
(W)(CROSSWAU~
(10' W'lde), c~mpMte In place, per Linear Foot 517 LF
Painted (Red) Curb Marking for NO PARKJNG
716 LF
$200.00 $~30.00 $200.00 $800.00 $220.00 ~80,00 $200.00 $800.00
$250,00 $1,00000 S250.00 $1,000,00 $250.00 $1,00~.00 $250.00 $1,000.00
$3.~0 $t50.00 $2,20 $110,00 $2.50 $125.0~ $2.30 S115,00
$5.00 $345.00 $4,50 $310,50 $5,00 $345.00 $5.00 $345.00
$1.20 $,4,~)g3.60 $1.00 $4,078,00 $1.25 $5,097.50 $1,00 $,4,078.00
$0.75 $4,188.50 $0,50 $2,791.00 $0.60 S3,349.20 $0,50 $2,791.00
$6,00 $3,132.00 $8,00 $3,132,00 $~.00 $3,132.00 $8,00 $3,132,00
$11.00 $3,124.0~ $12.00 ~3,40&.0{3 $12,00 $3,408.00 $11,0(3 $3,124.00
$20.00 $10,340.00 $18,00 $9,306.00 $1g.00 Sg,B23.00 $17.00 $8,789.00
$1.20 $859.20 $t.00 $716.00 $1.25 $895,00 $1.00 $716.00
11t~ O~ CMllq.-~rn~t: ~a Cate,~ ~ E~GINEF_~S ESTIMATE: r~,Te2~'7o.oo
DAY $1,500.00 $1,500.00 $6,000.00 $6,000.00 $400.00 $400.00 $1,00000 $1,000.00
Type II-A-A RaL~d paven~ent Marke~ (Reft.),
(ENOINE. E]~'~G PROJBCT ~0,
A37 Sb'eet Skin ,~.~embly, compile in ~ace, per Each
A35 No PARKING S{~n, comp{ere in pt~:a, per Esch
A39 SPEED ZONE Sign. c~mple~ in [:~ce, ~ Each
A40 WARNING Sign, cornplete in INac~, ~ Eec~
PEDESTRIAN CROSSING Sign, complete in
A41 I:~ace, pe~ Eac~
A42 Tm[ftc Control complet~ in place, per Lump Sum
4" Elec~¥ical Condu~ c~mplete in piace, per Linear
A43 Foot
Subtof~J Part 'A'
(Items Af through A,43)
ENGINEER'S ESTtMATE:
204 EA $5.00 $1,020.00 $5.20 $1,060.~0 $5,00 $1,020.00 $5.00 $1,020,00
7 EA $325.00 $2,275.00 $300.00 $2,100,00 $,,~00.00 $2,500.00 $340.00 $2,380.00
9 EA $250.00 $2,250.0~ $250.00 $2,250.00 $30000 $2,700.00 $250.00 S2,250.00
10 EA $275.00 $2,750.00 $260.00 $2,600.00 $40000 $4,000.00 $280.00 $2,800.00
12 EA $325.00 $3.900.00 $350.00 $4.200.00 $400.00 $4,800.00 S340.00 $4,080.0'0
5 EA $325.00 $1,625.00 $350~00 $1,750.00 $40000 $2,000.00 $34000 $1,700.00
1 L$ $120,000.00 $120~000.00 $19,000.00 $19,000.00 $40,000.00 $40,00000 $5,000.00 $5.000.00
210 LF $15.00 $3,150.00 $12.00 $2,520.00 $~.00 $1,260.00 $11.00 $2,310.0~
$1,032,'187.30 S f, t96,548,00 $'t, 255,3t6.35 $'1,247,986.00
Block Sodding f~ EroNon c~n~ol, ~p~,~ in
B1 ~, ~ ~
~1~ ~ ~l~ ~, ~e in p~m,
B2 ~r ~u~
18' ~. RCP (C~ III), ~e~ in ~,
B3 ~ U~r F~
24' D~. RCP (~ III), ~m~ m ~,
~U~F~
~ ~. RCP (C~ III), ~p~ In
~rF~
~m ~x Cu~ (4~ 2'), ~ ~ ~,
~rF~
~. ~x C~ (4'x ~ (E~O L~),
B7 ~~,~U~r
Mu~ ~ ~x Cu~ (5'x 2'), ~H~ ~
~, ~ F~t
Mu~ ~ ~x CuNe~ (~x 3') (E~O
Bg L~), ~ In ~, ~r LI~ F~
Mu~ ~ ~x CU~, (6'x 5') ~p~ In
BIO ~, ~ U~r F~t
~e ~1 f~ ~BL 5'x 2' MBC,
Bll ~e ~ ~, ~r E~
~ ~ll f~ 2~BL 5'x 3' MBO,
B12 ~ ~ ~, ~r ~h
P~ ~ ~ 2~BL 5'x 3' ~C, ~p~e
B13 in ~, ~
3,184 SY $3.50 $tl,074.00
2,900 SY $0.35 $1,015.OO
345 LF $110.OO $37,950.OO
2,32~ LF $112.00 $280,736.00
195 LF $145.00 $2.8,275.OO
48 LF $200.00 $9,OOO.OO
72 LF $380.OO $27,360.00
3~3 LF $3~0.OO $119,880.OO
96 LF $2OO.OO $24,0OO.OO
160 LF $350.00 $56,OO0.OO
2 EA $7,000.OO $14,00~.OO
2 EA $12,OO0.OO $24,OO0.OO
$4.00 $12,856.00 S9.OO
$0.16 $436.00 $0.60
$42;00 $14,490.00 $6500
~I7.OO $109,416.OO $60.00
$58.00 $11,310.00 $114.00
$167.00 $8,016.00 $200.00
$320.OO $23,040.00 $350.00
$293.00 $g7,569.OO $,400 O0
$170,00 $16,320.00 $300,00
$260.00 $40,000.00 $450.00
$2,900.00 $5,800.00 $3,OOO.OO
$2,800.00 $5,600.00 S2,000.OO
$3,800.00 $14,400.00 $3,000.00
ENGINEER'S ESTIMATE: $5,792,b'/'0.00
$28,476.00 $.4.50 $14,238.00
$1,740.00 $0.76 $2,175.OO
$22,425.OO $73.OO $25,185.OO
S13g,680.OO $5800 $135,024.OO
$22,230.OO $128.00 $24,960.OO
SO,600.OO $18900 sg,072.OO
$25,200.00 $395.00 $28,440.OO
$133,200.00 $408.00 $135,864.OO
$28,800 (3O $269.OO $25,024.OO
$72,000.O0 $,416.00 $68,560.OO
$8,OOO.OO $4,5OO.OO $9,OOO.OO
$4,OO0.00 $3,9OO.OO $7,8OO.OO
$20,OOO.OO $3,800.00 $15,200.00
Flared W]ngwall fo~ 3-BBL §'x 2' MBC, c~3rnplete I~
B14 place pe¢ E~:h
Straight V~8 for ~L 5'x 2' M~, ~p~te
B15 ~ ~
B16 ~
B17 S~I Inle[ (-type A), complete In p~ace, per Each
B18 Special Inlet ~rype B), comple~ In place, per Each
aTY. U~T uNrr~mc~ A]~rr um'rm~c~
3 EA $11,000.00 $33,000.00 $2,700.00
I EA $11,00(3.00 $11,0OO.00 $2,200.00
2t EA $1,800.00 $37,800.00 $1,300.00
I EA $2,100.00 $2,100.00 $2,000.00
7 EA 52,800.00 $19,600.00 $1,800.00
14 EA $900.00 $12,600.00 $720.00
2 EA 52,600.00 $5,200.00 $1,800.00
5 EA $3,600.00 $18,000.00 $2,000.00
3,701 CY $20.00 $74,020.00 $8.50
1,095 CY $230.00 $251,850.00 $180.00
1,409 LF $2.00 $2,818.0~ $2.00
ENGINEER'S ESTtMATE:
$2,200.00 $4,000.00 $4,000 O0 $$,000.00 55,000.00
$27,300.00 $2,500.00 $52,500.00 $2,100.00 $44,100.00
$2,000.00 $3,50000 $3,500.0~ $5,000.00 $5,000 00
$12,800.00 $3,500.00 $24,500.00 $2,300.00 $16,100.00
$10,080.00 $700.00 $9,800.00 $1~200.00 $16,800.00
$3,600.00 $4,500.00 $9,000.00 $3,700.00 $7,40000
$10,000.00 $4,700.0~ 523,500.00 $4,200.00 $21,000 00
$4,700.00 $4~300.00 $4,300.00 $5,400.00 $5,400.00
$2,400.00 $2,000.00 512,000.00 $1,000.00 $6,000.00
$24,058.50 $10.00 $37,010.00 $22.00 $81,422.00
$197,100.00 $3~0.00 $427,050.00 $275.00 $301,125.00
$2,818.00 $8.00 $11,272.00 $4.00 $5,636.00
B35 Traffic Con[roi, c~mp~el~ in place, per Lump Sum
Subtotal Part 9'
(Items Bt through B35)
12 EA $900.00 $10,800.00 $200.00
5,263 LF $14.00 $73,682.0~ $20.00
720 LF $12.00 $8,640.00 $10.00
100 LF ~1.00 ~100.00 $25.00
332 CY $34.00 $11.288.0~ ¥26.40
2~6 SY $70.00 $20,720.00 $81.00
70 SY $50.00 $3,500.00 $36.00
3,202 LF $0.50 $1,601.0~ ~0.50
1 LS $12,009.00 $12,000.00 $19,000.00
$1,25~509.00
ENGINE~J ES'r'lll~AT~: $5.792,870.00
$839,228.30 $1,333,489.00 $1,228,266.00
$1,255,509.00 $83g,228,30 $1,333,48g.00 $1,22.8,266.00
TA~Ut-~11~ BY: Ron (3~z~m~=n, P,E-
ITEM
8' Dia. C900 PVC Wet. line, cornpte~ in place,
C 1 ~ Lia~ar Fool
10' Dia. cg00 PVC Wale'line,
G2 per Url~r Foot
12" Dia. C900 PVC Waterline, c~mp~e~ In piace,
C3 per Linear Foot
18' Dia. C905 PVC Wet. dine, compia~e In p~ace,
C.4 per LIne~ Foo~
12' D~a. Duc~e Iron WaleHIr~, co~nHet~ in place,
C5 per Unear Foot
16' Dia. Duc~le Iron WateHIne, c~rnplele in
(;6 per Linear Fcx~t
20' Dia. Casiag for 12' Waterline, complete ia
C7 j:~ac~, pe~ Unear Foot
24' Dia. Bom & Casing for 16' War.line,
C8 compiete in place, per I. Jnear Foot
C9 8'- 45" DI Bend, complete In p~ace, per Each 2
C10 10-- 45~ DI Bend, ct~mp~ete In PtaC~, Pe~ Each 2
Cll 12'- 45~ DI Be~d, complete In place, Per Each 11
C12 16'- 45' DI Bend, ~rnplet~ in piace, p~' Each 6
C13 16'- 90° DI Bend, cornpW(e In place, Per Each
ENGINEER'S ESTIMATE: $5~792~6'70.00
I
· ITEM D~SCRm~O~
C14 12'X 12'X 8' Tee, co~rnpJef~ J~ place, per Each
C15 12'x 12'x 10' Tee, complete in pace, Pe~ Each
C16 12'x 12'x 12' Tee, complete In place I:~r Each
C17 16'x 16'x 12' Tee, complete I~ place, p~- E~:h
C18 16'x 16'x 16' Tee, c~'npiet~ In place, per Eac~h
C19 16'x 12 ' Cross, corr',plMe in/~lace, per Each
C20 12'x 6' Reducer, complete In ptace, Per Each
C21 12'x g' Reduce~-. compIMe in place, per Each
C22. 16'x 12' Reducer, comple[e in place, per Eac~
C23 6' Plug, complet~ in place, per Each
C24 16' Plug, complete in piece, per Each
C25 6' Tie-lrdConnec~m. complete h~ piece, per Each
C26 8' Tm.-/n/Conneddo~, c=rnplet~ in place, per Each
1 EA $500,00 $500.00
1 EA $400.0O
3 EA $400.00 $1,200.0O
1 FcA S950.00 $g50.0O
3 EA $1,0O0.00 $3,0O0.0O
I EA $1,30O.00 $%300.0O
4 EA $160.00 $640.0O
2 EA $170.00 $34O.0O
4 EA $700.00 $2,600.00
3 EA $1,200.0O $3,600.00
3 EA $1,500.00
$570.0O $570.00
$520.00 S520.0O $700.0O
$5O0.00 $1,50~.0~ $700.0O
$1,050.00 $1,050.0O $2,000.00
$1,080.00 $3,240.00 $2,300.0O
$1,300.0~ $1,300.00 $2,400.0O
$190.00 $760.00 $350.0O
$2.1000 $420.~X:) $3a0 0O
$80.00 $.80.0O $75,00
$300.00 $900.00 $270.00
$2,100.00 $8,400.00 $3,000.00
$2,200.00 .'~,600.0O $3,100.00
ENGINEER'S ESI'tMATE: $~.T92.,b"70.O0
AMOUNT UNrT I'I~CE
$600.00 $1,500.00
$7O0.OO $500.00
$2,100,00
$2,0o~.00 $1,0OO,00
$6,900.00 51,050.0O
$1,500.0O
~.0O
$1,500.00
$3.150,00
$2,400.00 $1,400.00 $1,400.00
$1,400.00 $130.00 $520.00
$7C~.00 $150 0O $300.00
53,200.00 $350.00 31,400.00
$75.00 5500.00 $50000
$810.00 $2,000 0O $6,000.00
$12,000.00 $2,100.00 $8,400.00
10' Tle-ln/C,o~neclJoo, complete In F~,ace, p~'
0'27 E,laC~l
Air Re,ese Vah~ A~semb~y. complete In p~ace.
C28 ~er Each
~' C-~te VaNe and Valve Box, compte~ In
C29 )er Eacfl
8" Gate Vah,~ and VaK~ Box, c~)mp~e in place,
C30 )er Each
10' Gate Valve and Valve Box, oompte~ In place,
C,31 )e~ E~sch
12' Gat~ Valve and Valve Box, complete in
C32 )er Each
16' Ga'm Valve and Valve BoX, complete m place,
c33 )er Each
Fire Hydren! Assembly 0'ype 1), c:~mp~e in
C34 F)~a~, per Each
Fire Hydrant Assembly
C35 (Type 2), compJe[~ in p~aoa, per Each
Cement Stabilized Sand Bac~ll, c~mlY, e~ In
C36 place, per CulNc yard
Rec=~t Existing Water Se~4ce, co¢'nptete In
C37 p~ce, per Each
AdJuat F_xi~ng Wa~r Valve Box to Pnlsh Grade,
C38 complete in place, per Each
Groul & Abandon Exlat~g Wele~'line, c~x'~plefe In
C39 place, ~ Linear Foot
I EA $800,00 $800.00 $030,00 $030.00
1 EA $1,200,00 $1,200.00 $1.300.00 $1,300.00
9 EA $1,500.00 $13,500.00 $1,550.00
10 EA $4,000.00 $40,000.00 $4,400.00
g EA $3,800.00 $34,200.00 $3,500.00
9 EA $4,100.00 ,%36,900.00 $3,700.00
1,300 C¥ $34.00 $44,'~00.B0
9 EA $500.00 ~,500.00 $2,200.00
6 EA $120.00 $720.00 $300.00
3,5~0 LF $3.00 $10,680.00 $13.00
$3.200.00
$4,000.00
~50.00
$1,000.00
$1,600.00
ENGINEE~.'S F_STIMATE: $E,792~6'70.00
$13,950.00 $t,700.00
~4-4,000.00 $5,700 00
$31,500.00 $3,600.00
$33,300.00 $3,100.00
$42,770.0O $43.0(3
$10,800.00 $700.00
$1,800.00
$46,28O.OO $9.00
$3,200,00 $2,300.00 $2,300.00
$4,000.00 $2,100.0~ $2,10G.00
$650.00 $500.00 $500.00
$1,000.00 $750.00 $750.00
$1,600.00 $1,200.00 $1.200.00
$'15,300.00 $1,500.00 $13,500,00
$57,000.00 $4~200.00 $42,000.00
$32,400.00 $3,300.00 $29,700.00
$27,900.00 $4,200.00 $37,800.00
$55,900,00 $35,00 $45,500.00
$8,300.00 $1 ,(300.00 $9,000.00
$2,400.00 $200.00 $1,200.00
$32,040.00 $6.00 $21.360.00
· ITEM DE~C~PllON QTY.
C_,o~cmte Fhr,~ment Repair (Type 1), om-nplefe in
C40 J:)iec~, pa'&:luamYard 296
Asphalt Pavemm~l Repair
C41 (Tyl:~ 2), complele In place, per Sq,,,mm Yard 69
Aephalt Pavement Repair
Czl2 (Type 3), c~ml:x~te in place, per Square Yard 19
Trench Safety i'or Waterline, per Section 022022,
C43 c=m'nplete I~ place, I:mr Linsar Foot 4,470
C44 Traffic CO~ITOi, cz3mplete In place, per Lump Sum
Subtotal Part 'C'
(Iton'~ Cf through C44)
'I~IE OF COMIK.ETION: ~,B ~ Dey~ ENGINEER'S ESTIMATE: $~,792,5'70.00
SY $70.00 $20,720.00 $85.00 $19,2,40.00 $81.00 $23,g76,00 $165.00 $48,84000
SY $~0.00 $4,140.00 $77.00 ~5,313.00 $260.00 $17,940.00 $132,00 $9,10800
SY $50.00 ,$950.00 $36.00 .T~84. O0 $80.00 $1,520.00 ,'$81.00 $1,159.00
LF $0.50 $2,235.00 $0.20 $8~4.00 $3.00 $13,410.00 $1.00 $4,470 O0
LS $15,000.00 $15,000.00 $1g,000.00 $1g,000.00 $27,000.00 $27,00000 $5.000.00 $5.000.00
$797,139.00 $696,675.00 $743,375,00 $827,387,00
$797,13g.00 $696,675.00 $743,375.00 $827,387.00
8' Dia. Sani~ Sewer Line
D1 (6'-8' Depth), complele In place, per Linear Fool
15' Dba, Sanllary See~f Line
D2 (6'-8' Depth), complele in place, per Lh~mr Foot
15" Dia. Sanitary Sev~f Ll~e
D3 (12'-14' Depth), cornple[e In piece, per Linear Fool
D4 (10'-12' Depth), complete In place, per L~ear Foot 847
18" Dia, Sanllary Sewer Line
D5 (12'-14' Depth), complete In place, per Linear Fool 501
18" Dia, Sanitary Sewa' Line
D6 (14'-16' Depth), complete in place, per Linear Foot 174
24' Dia. Sanitary S,%-.~- Line
D7 (12'-14' Depth), c~rnp~ele in place, per Linea~ Fool 155
24" Dia. Sanity ~ Line
D8 (14'-16' Depth), c~mp[~e in place, per Linear Fool 156
36" Dia. Sanitary Sewer Line
D9 (14'-16' Depth), oomplete In place, per Line~- Fool 1,498
4.5' Dba. Sanitary Sewer Line
D10 (14'-16' DepIh), complete in place, per Linear Fool 228
30' Dia. Casing I~ 15' Sanitary Sew~- L~e,
D11 complete In piece, per Linear Fo~l 255
48' Dba. Bom & Casing 1or 36' Sanitary Sever
D 12 LIne, complete In piece, per Unear Fool 285
4' Dla. F~:3ergbass Sanifary Manhole (0'-8' Depth),
D13 comple~ In place, per Eac~ 10
1,301
3O
241
LF $148.00 $4,440.00 $65.00 $2,850.00
LF $153.00 .$36,873.00 $135.00 $32,535.00
LF $157.00 $132,979.00 $125.00 $105,875.00
LF $180.09 $.80,160.00 $145.00 $72,645.00
LF $180.00 $31,320.00 $585,00 $101,7~0.00
LF $195.00 $30,?.25.00 $300.00 $46,500.00
LF ,$208.00 $32,448.00 $625.00 $97,500,00
LF $352.00 $527,296.00 $695.00 $1,041,110.00
LF $513.00 $116,964.00 $655.00 $184,940.00
LF $622.00 $62,110.00 $305.00 $77,775.00
LF $1,100.00 $291,500.00 $840.00 $222,~00.00
EA $4,000.00 $40,000.00 $2,400.00 $24,000,00
ENGINEER'S
P.O. Box ~90B
$122.00 $3,660.00
$127.00 $107,569.00
$137.00 $23,838.00
$150.00 $23,250.00
$387.00 $88,239.00
$250.00 $63,750,00
$1,900.00 $503,500.00
$2,500.00 $25,000.00
ESTIMATE: $6,792,570.00
$120.00 $156,120.00
$165.00 $4,950.00
$380.00 $91,580.00
$330.00 $279,510.00
$390.00 $195,390.00
$440.00 $76,560.00
$400.00 $621000.00
$480.00 $74,880.00
$510.00 $763,980.00
$550.00 $125,400.00
$300.00 $76,500.00
$800.00 $2 12,000.00
$2,500.00 $25,000.00
5' Dia. Fitmrglasa ,sanitary Ma~hole (0'-6' Deplh),
D14 complete ~ piaca, per Each
8' Dba. F~erglass S.anlt~y Manhole (0'..6' Dept~),
D15 complete in place, per Each
8' Dia. Fiberglass Sanitary Manhole (0'..6' Dep~),
D16 comple{e b place, per Each
EXtTa Depth for 4'Dia. Manhole (Over 6' Depth),
D17 complete b place, per Vertical Foot
ExtT'a Deplh fo~ 5'Dia. Manhole (Ovm- 6' D~plh),
D18 complete In place, pe~ Verlk~l Foot
Exl~a Depth for 6'Dia. Manho~ (Over 6' De'p[h),
D19 complete In place, per Vm'aca] Foot
Exile Depth for 8'Die. Manhole (O~,~r 6' Deplh),
D20 complet~ In place, pm' Vertmal Foot
D21 8" PVC Plug, complete In place, per Each
DZ2 18" PVC Plug, complete In place, pe~ Esch
Drop C,o~nectlo~ Assembly (8' Connect:m),
D23 complete ia place, pe~ Each
Drop Co~nec~on A~eembly (10' Connec'd0~),
D24 c~mp~ele in pleoe, per Eac~
Tl~ Into Exlst~g Manhole, cornple[e in place, per
D25 Each
Cement Stablt[znd Sand BackflTl, complete In
D26 ;flsce, per Cubic Yard
13 EA $7~5OO.00 $97,5~O.00 $4,10O.0O $53,300.00
5 EA $11,00O.00 $55,0OO.00 $4,800.0O $24,000.00
2 EA $'14,000.0O $28,0O0.00 $6,50O.0O $13,0O0.0O
12 VF $200.00 $2~4OO.00 $180.00 $2,160.00
90 VF $250.00 $22,500.00 $25500 $22,950.00
42 Vi= $300.00 $12~600.0O $277.00 $11,634.00
20 VF $500.00 $10,0~O.0O $485.00 $9,700.00
1 EA $14.00 $14.00 $52.00 $52.00
2 EA $100.00 $200.00 $120.00 $240.00
6 F_a, $50O.00 $4,8O0.00 $1,200.0O $7,200.0O
1 EA $1,200.00 $1,200.00 $1,300.00 $1,300.00
1 CmA $250.00 $250.00 $1,950.00 $1,950.00
11~.35 CY $34.00 $381,990.00 $32.90 $369,631.50
ENGINEER'S ESTIMATE: $5,792,570.00
$300.00 $3,600.00 $240.00 $2,880.00
$360.0O $22,400.00 $320.00 $28,800.00
$48D.00 $19,320.00 $340.00 $14,280.00
$723.0O $14,460.0O $5'/0.0O $11,400.0O
$209.00 $418.00 $200.00 $40O.00
$1,600.00 $9,600.0O $1,500.00 Sg,000.00
$2,0,(XL00 $2,000.00 $2.,000.00 $2,00O.00
S1,000.00 $1,0O0.00 $6,00O.0O
$47.00 $528,045.00 $35,00 ,'~393.225.0O
ITEM DE~
Reconne~ Existing Sanllaz'/Sewer Service,
D27 c~11plele in p;~c~, per Each
Adjust Exiling Su~ltary Manhole 1o Finish Grade,
D28 corr, ph~te In place, per Es, ch
Concrete Pa~ne~t Repek' (Type 1), r.~mple~e In
D29 place, per Squ~-e Yard
Asphalt Pavement Repair ~-ype 2), co~p~ele In
D30 place, ~ Square Yard
Asphall pavelll~,lt Repair (Type 3), com~ele In
D31 place, Per Square Yard
Trench Safe~y for Sanitary Sewer, per Section
D32 022022, cornplele in place, pa' Linear Fo~[
R~bal for Sanitary Sewer Bypass Syslem,
D33 cornp~e[e In place, per Lump Sum
D34 Traffic Control, coml:geLe in place, per Lump Sum
Subtotal Part 'D'
~lterns DI through D34)
E~ $700.00 $6~300.00
296 SY $70.00 $20,720.00
55 SY $60.00 $3,300.00
590 SY $50.00 $29,500.00
4,866 LF $1.00 $4.866.00
1 LS $10,000.00 $10,009.00
1 LS $20,000.00 $20,000.00
$2,270,472.00
$730.00
$80.00
$92.00
$36.00
$19,000.00
ENGINEER'S ESTIMATE: $5,782~570.00
$6,570.00 $900.00 $7,200.00 $1,000.00 $9,000.00
$8OO.00 $2,000.00 $4,000.00 $500.00 $1,000.00
$23,680.00 $81.00 $23,9?6.00 $165.00
$5,000.00 $260.00 $14,300.00 $132.00 $7,200.00
$21,240,00 $69.00 $40,710.00 $91.00 $35,990.00
$4,866OO $,4.00 $19,464.00 $10.00 $48,660.00
$54,000.00 $30,000.00 $30,000.00 $10,O00.00 $10,000.00
$18,000.00 $30,0OO.00 $30,000.00 $3,000.00 $5,000.00
$2,743,808.50 $2,297,805.00 $2,902,805.00
BA~E BID
page 12 of 12
TOTALS:
PartW I~.ms A1 Thn:~gh A,43 $'~,032,'~87.30 $t,196,548.00 $1,255,3'16.35 $1,247,986.00
Pa;'[ 'B' ~ BI Thn~Jgh B35 $'~,25~,~09.00 $839,228.30 $1,333,489.00 $1,228,266.00
Par[ 'C' Items Cl Through C,44 $797,139.00 $696,675.00 $743,375.00 $827,387.00
Part 'D' Items O1 Through D3Zi $2,270,472.00 $2,743,808.50 $2,297,805.00 $2,902,805.00
'D~: $5,355,307.30 $5,476,259.80 $5,629,985.35 $6,206,444.00
PROJECT BUDGET
NORTHSIDE / PORT AREA INFRASTRUCTURE IMPROVEMENT
(Project No. 8468)
June 8, 2004
FUNDS AVAILABLE:
Wastewater ............................................................... $7,120,757.40
FUNDS REQUIRED:
Construction (Jalco, Inc) ............................................... $5,355,307.30
Change Order No. I (Jalco, Inc) .................................... $317,479.10
Contingencies (10%) ................................................... 567,000.00
Consultant (MEI Govind) .............................................. 351,021.00
Costruction Inspection (Goldston Engineering) ................. 260,000.00
Costruction Testing ..................................................... 24,950.00
Engineering Reimbursements ...................................... 160,000.00
Finance Reimbursements ............................................. 80,000.00
Misc. (Printing, Advertising, etc.) .................................... 5,000.00
Total ....................................................................... $7,120,757.40
VICINITY MAP
NOT TO SCALE
CITY PROJECT No. 8468
LOCATION MAP
SCALE,; I'=1,500'
EXHIBIT "D"
NORTHSIDE / PORT AREA
INFRASTRUCTURE IMPROVEMENTS
CI~OF CORPUS CHRIS~, ~XAS
CITY COUNCIL EXHIBIT
DEP~E~ OF ENGINEERING SE'RVIC~
PAGE: I of 4
OAr: 06-03-2004
C'TTy PROJECT No.
.="U-.LPARK
~.~ LOcA770N
NORTHszflE / PORT AREA
ZNFP~$TRUCTUPIE IMPROV£MENT$
Cffy OF CO~p(/S CH,~ISTi.
EXHIBIT "O"
CITy COUNCIL EXHIBIT
DEPONENT OF ENGINEE~iN~
PA~. ~c~ ~
~ BROADWAY
o 4;j~, TRE.ATM ENT
,~"~_ PLANT
~' ~C~ ~u ~ P~K
~ ~ ~ ~ L~ON
I
I
..... 1~, I
__~ ...........
~ ~ S~IT~Y SEWER BASE~P
~ SC~E: 1 ~500'
CJ~ PROJECT No. 8468 EXHZBZT "D"
NORTHSZDE / PORT AREA
T. NFRASTRUCTURE ZMPROVEMENTS
CFF~ OF CORPUS CHRISTI, 77ZXAS
CZTY COUNC-rL EXHT_Br_T ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 3 of 4
____--,-
DATE: 06-03-2004 ~
SN.I' FLATS OUTFALL ,~" ~'" ~
SAM RANKIN ST.
C~TY PROJECT No. 8468 EXHIBIT "D"
NORTHSIDE / PORT AREA
INFRASTRUCTURE IMPROVEMENTS
CITY OF CORPUS CHRIS~,
C.[TY COUNC£L EXH_TBT_T ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 4 of 4
____--..-
DATE:06-03-2004 ~
8
CITY COUNCIL
AGENDA MEMORANDUM
DATE: June 8, 2004
SUBJECT:
Area Street and Drainage Improvements (Parent Project No. 6169)
AMENDMENT NO. 1 Helen and Theresa Streets - Stage 2, Phase 2B
(Project No. 6259)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
Contract For Professional Services with LNV Engineering, Inc. in the amount of $107.650,
for a total restated fee of $229,850 for the Area Street and Drainage Improvements along
the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz)
· Helen - Stage 2, Phase 2B
· Theresa - Stage 2, Phase 2B
ISSUE: The proposed Amendment No. 1 is necessary to prepare construction plans,
specifications, bid and contract documents for reconstruction of Helen and Theresa
Streets. The total fee of $107,650 exceeds the $25,000 contract limit; and requires City
Council approval.
FUNDING: Funding is available from the FY 2003-2004 Capital Improvement Program and
Community Development Block Grant Program.
REC.3MMEN,3ATION: Staff recommends approval of the motion as presented.
Director of Water Department
Foster Crowell,
~~,~~rtment
Acting Director of Neighborhood Services
scobar~ P. jE.,
D~t ~r~ ~_f .'~g)n e~fi ~r~e wices
V~i .~e G r~ i~E., '~,~'
DirEctor of Stoma' er Depadment
Additional Support Material:
Exhibit "A" Background InforTnation
Exhibit "B" Location Map
BACKGROUNDINFORMATION
SUBJECT:
Area Street and Drainage Improvements (Parent Project 6169)
AMENDMENT NO. 1 Helen and Theresa Streets - Stage 2, Phase 2B
(Project No. 6259)
PRIOR COUNCIL ACTION:
1. February 11, 2003 - Motion authorizing the City Manager, or his designee, to
execute a consultant contract with LNV Engineering, Inc. in the amount of $122,200
for the Area Street and Drainage Improvements along the following streets:
(bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz) (Motion No. M2003-053)
· Evelyn
· Helen
· Theresa
· Ross
· Woodland
· Southwood
2. February 11, 2003 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 to the Consultant Contract with LNV Engineering in the
amount of $87,200 for Mansheim Area Drainage Improvements Project (Motion No.
M2003-054).
3. Auqust 26, 2003 - Ordinance appropriating $182,667.76 from the unappropriated
interest earnings from Water 1994 CIP Fund 4082; and appropriating in Water
Fund 4082 for the Sunnybrook/Evelyn/Gollihar/Kostoryz Area Street and Drainage
Improvements Phase I and Mansheim Area Drainage Improvements Phase lA;
amending capital budget adopted by Ordinance No. 025144 by increasing
appropriations by $182,667.76; and declaring an emergency (Ordinance No.
025458).
4. Auqust 26, 2003 - Motion authorizing the City Manager, or his designee, to award a
construction contract to W_Y. Young Construction of Corpus Chdsti, Texas, in the
amount of $1,534,163.65 for the Sunnybrook/Evelyn/Gollihar/Kostoryz Area Street
& Drainage Improvements Phase 1B and Mansheim Area Drainage Improvements
Phase lA (Motion No. M2003-305).
5. February 10, 2004 - Approval of the Fiscal Year 2003-2004 Capital Improvement
Budget (Ordinance No. 025647).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. I to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
EXHIBIT "A" I
Page 1 of 3
PRIOR ADMINISTRATIVE ACTION (continued):
3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum No_ 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
FUTURE COUNCIL ACTION:
1. Approval of a construction contract to complete Stage 2, Phase 2B Helen and
Theresa Streets.
2. Approval of an Amendment to the Contract For Professional Services for Stage 2,
Phase 3B Southwood, Ross, and Woodland Streets_
PROJECT BACKGROUND: The Area Street and Drainage Improvements Project was
originally part of a larger project entitled Sunnybrook / Evelyn / Mansheim / Gollihar /
Kostoryz Street and Drainage Improvements Project. The supplemental part of the large
project developed as Part A - Mansheim Area Drainage Improvements Project. Each of
these two parts has multiple phases as follows:
Sunnybrook / Evelyn / Mansheim I Gollihar / Kostoryz
Street and Drainage Improvements Project
PART A - Mansheim Area Drainage Improvements Project
Phase lA
Phase 2A
Phase 3A
Phase 4A
Phase 5A
Phase 6A
Evelyn, Sunnybrook, Archer, Mansheim Streets
Gabriel, Mansheim, Franklin Streets
Easter, Dodd, Cheryl, Mansheim Streets
Blundell, Archer, Mansheim Streets
Gabdel Street
Dodd Street
PART B - Area Street and Drainage Improvements Project
Phase lB Evelyn Street
Phase 2B Helen and Theresa Streets (PROPOSED AMENDMENT NO. 1)
Phase 3B Southwood, Ross, Woodland Streets
The Area Street and Drainage Improvements Project is bounded by Sunnybrook, Evelyn,
Gollihar, and Kostoryz_ The Project consists of three (3) phases as follows:
Phase lB - Evelyn Street - This project is currently under construction. It was
presented to City Council on August 26, 2003 and was awarded to W. T. Young
Construction of Corpus Chrsiti, Texas in the amount of $1,534,163.65. The
I EXHIBIT"A" I
Page 2 of 3
construction contract consisted of Phase lA Evelyn, Sunnybrook. Archer,
Mansheim Streets of Part A Mansheim Area Drainage Improvements Project and
this project, Phase lB Evelyn Street of Part B Area Street and Drainage
Improvements Project. It is estimated that construction will be completed by Fall
2004.
Phase 2B - Helen and Theresa Streets - This proposed Amendment No. 1.
Phase 3B - Southwood, Ross. and Woodland Streets - This project will be
completed in the future.
The infrastructure is old and in poor condition. This project will greatly assist in alleviating
problematic drainage areas within the project area, particularly Helen and Theresa Streets.
Helen and Theresa Streets are unimproved_ They have roadside ditches, no sidewalks,
and are without underground drainage.
The proposed project, Phase 2B Helen and Theresa Streets, will result in a design, bid,
and construction services that will provide the necessary project scope and complete cost
estimates, along with details of the associated required utility work.
PROJECT DESCRIPTION: The proposed Amendment No. 1 consists of the design for
reconstruction of street pavement to 28-foot back to back pavement, underground storm
sewer, water utilities, wastewater utilities, curb, gutter, sidewalks and driveways for Phase
2B Helen and Theresa Streets, with an estimated construction value of $1,338,700.
FUNDING: The proposed Amendment No. 1 consists of four (4) funding sources as
follows:
STAGE 2, PHASE 2B HELEN AND THERESA STREETS
AMD. NO. 1 CONSTRUCTION
FUNDS
ENGINEERING COST ESTIMATE
I CDBG $37,000 $583,000
2 Storm Water 52,650 454,300
3 Water 7,500 154,000
4 Wastewater 10,500 147,400
Total $107,650 $1,338,700
Engineering Department submitted a request for funding construction in CDBG FY 2004;
however, CDBG staff, nor Planning Commission, did not recommend funding for
construction; and City Council did not adopt. Funds for construction will be requested in
the FY 2005 CDBG Program.
FINAL PRODUCT: Design, Bid and Construction Services will result in correcting curb and
gutter drainage and utilities problems along Helen and Theresa Streets.
EXHIBIT "A" I
Page 3 of 3
H: \ Mproject \ £xh6259.dwg
AYERS
PROJECT # 2 9
AYERS
I'1 I'H [-~['H'I'II'I'I'IIM-I' I ' I' ['ll'['['l' F-
1'1~444~111.11H.IH-IltttM. L ·
H-I-I'H-I'H'I I.I
I H' H'I'L. LI.--I ~
· IKf'~_t ...... I. I. I.I.I1' /
~0~
B EXHiBiT 'B' ~
HELEN AND THERESA STREETS
STAGE 2 - PHASE 2B
CITY OF CORPUS CHRIS~
C_~TY COUNCr_L EXH£BIT ~
DEPARTMENT OF ENGINEERING SERVfCES
PAGE: I of 1
~'--
DATE: 06/08/2004 ~
9
BACKGROUNDINFORMATION
SUBJECT: Lake View Ddve Drainage Improvements Project
PRIOR COUNCIL ACTION:
1. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget
for $173,624,300. (Ordinance No. 025647)
PRIOR ADMINISTRATIVE ACTION:
1. July 24, 2003 - Administrative approval of an engineering agreement with LNV
Engineering, Inc. in the amount of $24,000 for the Lake View Ddve Ditch Regrade
2003.
FUTURE COUNCIL ACTION:
Nothing Anticipated.
PROJECT BACKGROUND: CurrenlJy the Lake View Ddve area located just north of Rodd
Field Road and Holly intersection experiences flooding and standing water dudng minor
and major storm events. Existing streets are open ditch with culverts at driveways. This
project proposes to alleviate flooding conditions through providing storm sewer pipe,
manholes and post inlets. Additional work will include ditch and ddveway culvert regarding.
Lake View Ddve Drainage Improvements is one of the projects budgeted in the $55 million
Storm Water Capital Improvements list approved by Council dudng the FY 03 - 04 ClP
Budget.
PROJECT DESCRIPTION: This project will address storm drainage improvements at
three different locations on Lake View Ddve including:
· Lake View Ddve at Holly Road (Total Base Bid A)
· Lake View Ddve at Redd Field Read (Total Base Bid B), and
· Lake View Ddve at Lovers Lane (Total Base Bid C)
Necessary work will consist of the installation of:
· approximately 550 linear feet of 18" RCP,
· 1210 linear feet of 24" RCP,
· concrete manholes,
· post inlets,
· 8,500 linear feet of ditch cleaning and regrading, and
· removal and replacement of RCP and ddveway repair for 66 driveways in
accordance with plans, specifications, and contract documents;
EXHIBIT "A"
Page 1 of 2
BID INFORMATION: The project consists of one base bid for each location with the
Method of Award based on the total of the three base bids. The City received proposals
from six (6) bidders on May 12, 2004. (See Exhibit "C" Bid Tabulation) The bid totals
ranged from $514,130.60 to $716,362.60. The Engineer's estimated construction cost for
the project is $637,370.00
Therefore, due to the need to complete this project within a timely manner, LNV
Engineering and City staff recommend that based on Iow Total Base Bid (A+B+C) and past
satisfactory experience with City projects, that a construction contract be awarded to
Garrett Construction of Ingleside, Texas in the amount of $514,130.60 for the Lake View
Ddve Drainage Improvements project.
CONTRACT TERMS: The contract speci§es that the project will be completed in 180
calendar days, with completion anticipated by January 2005.
FUNDING: Funds for this project are available from FY 2003-2004 Storm Water Capital
Improvement Budget.
IEXHIBIT "A" I
Page 2 of 2
LAKE VIEW DRIVE DRAINAGE IMPROVEMENTS
PROJECT BUDGET
June 8, 2004
FUNDS AVAILABLE:
IStorm Water Capital Improvement Budget
ESTIMATED
BUDGET
634,543.601
FUNDS REQUIRED:
Construction Cost (Garrett Construction)
Construction Contingencies
Design Consultant (LNV Engineering)
Testing
Engineering Reimbursements
Administrative Reimbumements
Incidental Expenses (Printing, Advertising, etc.)
TOTAL FUNDS REQUIRED ................................................................ $
$ 514,130.60
51,413.00
24,000.00
20,000.00
15,000.00
7,500.00
2~500.00
634,543.60
EXHIBIT "B"
TABULATION OF BIDS Page i of 8
DEPARTMENT OF ENGINEERIN~ - CITY OF CORPUS C~RISTI, TEXAS
TABULATED BY~ 'Angel R. Escobar,
DATE~ May 12, 2004
P.E., Director of Engineering Services
TIM~ OF COMPLETION: 180 Calendar Days
Lake View Drive Drainage Improvements
Project No. 2183
]DESCRIPTION I
A1 18" RCP 937 LP
A2 15" Plug 1 EA
A3 4' Diameter Concrete Manholes 4 EA
A4 Tie-Into Exist 18" RCP 2 EA
A5 Asphalt Repair 400 SF
A6 4:1 Sloped End Treatment 93 EA
A7 Ditch Grate 7 EA
A8 Driveway (including RCP 52 EA
Replacement & Driveway)
A9 Ditch Cleaning & Regrading 5,919 LF
Al0 Traffic Control 1 LS
All Seeding 12,578 SY
TOTAL BA~E BID A (ITEM~ A1 THRU All) 1
ENGINEER' S ESTIMATE
BASE BID A
Garrett Construction
P.O. Box 1028
Ingleside, TX 78362
$1,556.20 $6,224.60
$1,946.30 $101,207.60
$8.40 $49,719.60
Cash Construction
P.O. Box 1279
Pfluger~zille, TX 78691
$119.00 $63,903.00
$5.60 $33,146.40
$637,370.00
Big State Excavation, Inc.
15531 Kuyke~dahl, Ste 280
Houston TX 77090
$343,007.00
TABULATION OF BIDS Page 2 o~ 8
DEPARTMENT OF ENGI~'BERIN~ - CITY OF CORPUS C~RISTI, TEXAS
TABULATED BY. 'Angel R. Escobar, P.E., Director o~ Engineering Services
DATE: ~y 12, 2004 Ti-~E OF CO~PLETION~ 180 Calendar Days
ENGINEER'S ESTI~ATEJ $637,370.00
BASE BID B
Lake View Drive Drainage Improvements
Project No. 2183
Garrett Construction
P.O. Box 1028
Ingleside, TX 78362
Cash Construction
P.O. Box 1279
P~lugerville, TX 78691
Big State Excavation, Inc.
15531 Kuykendahl, Ste 280
Houston TX 77090
UNIT PRICE AMOUNT
BI 24" RCP
707 LF $61.30 $43,339.10 $128.00 $90,496.00 $94.00 $66,458.00
B2 30" RCP
66 LF $122.10 $8,058.60 $150.00 $9,900.00 $100.00 $6,600.00
B3 Post Inlets
5 EA $1,267.90 $6,339.50 $5,800.00 $29,000.00 $1,900.00 $9,500.00
B4 Tie-Into Exist Mar~hole
1 EA $701.30 $701.30 $580.00 $580.00 $600.00 $600.00
B5 Asphalt Repair
400 SF $4.20 $1,680.00 $16.00 $6,400.00 $4.00 $1,600.00
B6 4'x4' Box Removal
46 LF $118.00 $5,428.00 $30.00 $1,380.00 $48.00 $2,208.00
B7 6" Waterline Reroute
40 LF $105.20 $4,208.00 $110.00 $4,400.00 $160.00 $6,400.00
B8 4:1 Sloped End Treatment
12 F~ $710.80 $8,529.60 $600.00 $7,200.00 $840.00 $10,080.00
B9
Driveway (including RCP
Replacement & Driveway)
6 EA $2,554.40 $15,326.40 $1,300.00 $7,800.00 $2,600.00 $15,600.00
Bi0 Ditch Cleaning & Regrading
1,456 LF $8.60 $12,521.60 $5.60 $8,153.60 $10.00 $14,560.00
Bll Traffic Control
1 LS $2,255.00 $2,255.00 $2,800.00 $2,800.00 $3,000.00 $3,000.00
B12 Seeding
6,288 SY $2.10 $13,204.80 $0.20 $1,257.60 $0.50 $31,44.00
TOT;iL BASE BID B (ITEm'S B1%~H~U E12) I
$121,591.90
$169,367.20
$139,750.00
TABULATION OF BIDS Page 3 of 8
DEPARTMENT OF ENGIN~ERIN~ - CITY OF COP. PUS C~tRISTI, TEXAS
TARULATED BY ~
DATE~ May 12,
'Angel R. Escobar, P.E., Director o~ Engineering Services
2004 TIME OF COM~LETIONJ 180 Calendar Days
ENGINEER'S ZSTI~ATE: $637,370.00
Lake View Drive Drainage Improvements
Project No. 2183
C1 24" RCP 454 LF
C2 24" PVC-Cg00 100 LF
C3 Post Inlets 1 EA
C4 Concrete Repair 162 SF
C5 4:1 Sloped End Treatmen~ 12 E~
C6 Ditch Grate 2 EA
C7 Driveway (including RCP
Replacement & Driveway) 8 EA
C8 Ditch Cleaning & Regrading 1,106 LF
C9 Traffic Control
1 LS
Ci0 Seedln~ 6,288 SY
TOTAL BASE BID C (IT~ C1 T~U C10)~
BASE BID C
Garrett Construction
P.O. Box 1028
Ingleside, TX 78362
UNIT PRICE I AMOUNT
$61.40 $27,875.60
$148.90 $14,890.00
$1,268.00 $1,268.00
$6.90 $1,117.80
$710.80 $8,529.60
$1,039.80 $2,079.60
$2,616.40 $20,931.20
$8.30 $9,179.80
$1,879.20 $1,879.20
$2.10 $13,204.80
$100,955.60
Cash Construction
P.O. Box 1279
Pfluge~;ille, TX 78691 Houston
$0.20 $1,257.60 $0.50
Big StaCe Excavation, Inc.
15531 Kuykendahl, Ste 280
TX 77090
AMOUNT
$42,676.00
$10,000.00
$1,900.00
$2,106.00
$10,080.00
$2,200.00
$20, 800.00
$11,060.00
$3,000.00
$3 , 144 . 00
$106,966.00
TABULATION OF BIDS Page 4 of 8
DEPARTMENT OF EN~iN~ERiN~ - CITY OF COP~US C~LaISTI, TEXAS
TABULATED BY, 'Angel R. Escobar, P.E., Director of Engineering Services
DATE~ May 12, 2004 TIM~ OF COM~LETION~ 100 Calendar Days
ENGINEER'S ESTIMATE~ $637,370.00
Lake View Drive Drainage Improvements
Project No. 2183
TOTAL BASE BID Ah
Garrett Construction
P.O. Box 1028
Ingleside, TX 78362
AMOUNT
Cash Construction
P.O. Box 1279
Pflu~erville, TX 78691
$269,815.80
Big State Excavation, Inc.
15531 Kuykendahl, Ste 280
Houston, TX 77090
$343,007.00
TOTAL BASE BID B~
$121,591.90
$169,367.20
$139,750.00
TOTAL BASE BID C:
$100,955.60
$110,751.80
$106,966.00
TOTAL BASE BID (BABE BID A T~LKU BASE BID C)~
$514,130.60
$549,934.00
$589,723.00
TABULATION OF BIDS Page 5 of 8
DEPARTMENT OF ENgiNEERING - CITY OF COP. PUS u~K~STI, TEXAS
TABULATED BY: 'Angel R.
DATE: May 12, 2004
Escob&r, P.E., Director of Engineering Services
TIM~ OF COM~LETION~ 180 Calendar Days
Lake View Drive Drainage Improvements
Project No. 2183
IDESCRIPTION I QTY. I UNiT UNIT PRICE
A1 18" RCP 537 LF $33.60
A2 15" Plug 1 EA $124.90
A3 4' Diameter Concrete Manholes 4 EA $2,976.80
A4 Tie-Into Exist 18" RCP 2 EA $130.60
A5 Asphalt Repair 400 SF
$~1.00
A6 4:1 Sloped End Treatment 93 EA
$451.50
A7 Ditch Grate 7 EA $297.90
A8 Driveway (including RCP 52 EA
Replacement & Driveway) $3,723.30
A9 Ditch Cleaning & Regrading 5,919 LF $15.30
Al0 Traffic Control 1 LS $14,417.90
All Seeding 12,578 SY $0.34
TOTAL BASE BID A (ITEMS A1 T~U All):
BASE BID A
ENGINeeR'S EST1-HATE: $637,370.00
Reese Contracting Coastal Resources
P.O. Box 8352 Management Co., LLC
Corpus Christi, TX 78468 P.O. Drawer E
Corpus Christi, TX 78469
I AMOUNT UNiT PRICEI AMOUNT
$18,043.20 $30.00 $16,110.00
$124.90 $500.00 $500.00
$11,907.20 $3,500.00 $14,000.00
$261.20 $1,800.00 $3,600.00
$4,400.00 $10.00 $4,000.00
$41,989.50 $2,100.00 $195,300.00
$2,085.30 $800.00 $5,600.00
$193,611.60 $2,500.00 $130,000.00
$90,560.70 $5.00 $29,595.00
$14,417.90 $2,500.00 $2,500.00
$4,276.52 $1.80 $22,640.40
$381,678.02 $423,845,40
Berry Contracting, L.P.
dba Bay, Ltd.
1414 Corn Products Road
Corpus Christi, TX 78469
TABULATION OF BIDS Page 6 of 8
DEPARTM~/~T OF ~N~IN~ERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.S., Director of Engineering Services
DATE= Mey 12, 2004 TIM~ OF COM~LETION~ 180 Calendar Days
ENgINeER'S ESTI~ATE~ $637,370.00
-or
Lake View Drive Drainage Improvements
Project No. 2183
Bi 24" RCP 707 LF
B2 30" RCP 66 LF
B3 Post Inlets 5 EA
B4 Tie-Into Exist Maruhole 1 EA
B5 Asphalt Repair 400 SF
S6 4'×4' Box Removal 46 LF
B7 6" Waterline Reroute 40 LF
B8 4:1 Sloped End Treatment 12 EA
B9 Driveway (including RCP
6 EA
Replacement & Driveway)
B10 Ditch Cleaning & Regrading 1,456 LF
Bll Traffic Control 1 LS
B12 Seeding 6,288 SY
TOTAL BASE BID B (ITEMS B1 THRU B12)~
BASE BID B
Reese Contracting
P.O. BOX 8352
Corpus Christi, TX 78468
UNiT PRICE I AMOUNT
$42.50 $30,047.50
$60.90 $4,019.40
$1,342.50 $6,712.50
$536.40 $536.40
$11.00 $4,400.00
$31.30 $1,439.80
$42.90 $1,716.00
$442.40 $5,308.80
$4,864.10 $29,184.60
$14.50 $21,112.00
$2,500.00 $2,500.00
$0.37 $2,326.56
$109,303.56
Coastal Resources
Management Co., LLC
P.O. Drawer E
Corpus Christi, TX 78469
$5.00 $2,000.00
Berry Contracting, L.P.
dba Bay, Ltd.
1414 Corn Products Road
Corpus Christi, ~"X 78469
$0.90 $5,659.20
T;tBULATION OF BIDS Pmge 7 of 8
DEPArTMeNT OF ENGINEERING - CITY OF CORPUS C~RISTI, TEXAS
TA~DT~ATED BY. 'Angel R. Escobar, P.E., Director of Engineering Services
DATE May 12, 2004 T1-M~ OF COMPLETION. 180 Calendar Days
Lake View Drive Drainage Improvements
Project No. 2183
DESCRIPTION
C1 24" RCP
C2 24" PVC-C900
C3 Post Inlets
C4 Concrete Repair
C5 4:1 Sloped End Treatment
C6 Ditch Grate
C7 Driveway (including RCP
Replacement & Driveway)
C8 Ditch Cleaning & Regradin§
C9 Traffic Control
C10 Seeding
BASE BID C
Reese Contracting
P.O. Box 8352
Corpus Christi, TX 78468
454 LF $43.90 $19,930.60
100 LF $177.70 $17,770.00
1 EA $1,342.50 $1,342.50
162 SF $8.90 $1,441.80
12 EA $442.40 $5,308.80
2 EA $375.80 $751.60
8 EA $4,279.30 $34,234.40
1,106 LF $16.40 $18,138.40
1 LS $5,550.76 $5,550.76
6,288 SY $0.37 $2,326.56
$106,795.42
TOTAL ~ASE BID C (ITEMS Cl T~U C10)~
ENGINEER'S ESTTHATE: $637,370.00
Coastal Resources
Management Co., LLC
P.O. Drawer E
Corpus Christi, TX 78469
$1.25 $7,860.00
Berry Contracting, L.P.
dba Bay, Ltd.
1414 Corn Products Road
Corpus Christi, TX 78469
UNIT pP~ICE I AMOUNT
$63.00 $28,602.00
$125.00 $12,500.00
$2,500.00 $2,500.00
$10.00 $1,620.00
$790.00 $9,480.00
$1,800.00 $3,600.00
$4,000.00 $32,000.00
$14.00 $15,484.00
$10,000.00 $10,000.00
$0.90 $5,659.20
$121,445.20
TABULATION OF BIDS Page B of 8
DEPA/~TM~NT OF ENGINEERING - CITY OF CORPUS CT~ISTI, TEXAS
TABULATED BY= 'Angel R. Escober, P.E., Director of ~ginearing Services
DATE: May 12, 2004 T1-M~ OF COM~LBTION. 180 Calendar Days
ENGINEER'S ESTIMATEI $637,370.00
Lake View Drive Drainage Improvements
Project No. 2183
TOTAL BASE BID A~
Reese Contracting
P.O. Box 8352
Corpus Christi, TX 78468
AMOUNT
$381,678.02
Management Co., LLC
P.O. Drawer E
Corpus Christi, TX 78469
$423,845.40
Berry Contracting, L.P.
dba Bay, Ltd.
1414 Corn Products Road
Corpus Christi, TX 78469
AMOUNT
$448,853,20
TOTAL BASE BID S~
$109,303.56
$95,526,00
$146,064.20
TOTAL BASE BID C~
$108,795.42
$87,818.00
$121,445.20
TOTAL BASE BID (BASE BID A THRU BASE BID C)~
$597,777.00
$606,689.40
$716,362.60
File : \Mproject\councilexhibits\exh2183. dw9
LOCATION
CITY PROJECT No. 2183
LOCATION MAP
NOT TO SCALE
LAKE VIEW DRIVE DRAINAGE IMPROVEMENTS
C~TY OF CORPUS CHRISTI, TEXAS
EXHIBIT "D"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGIN£ERING
PAGE: I of: 1
DATE: 06-01-2004
10
AGENDA MEMORANDUM
City Council Action Date: June 8, 2004
AGENDA ITEM:
Ordinance appropriating $337,626.46 from the unappropriated bond proceeds and
unappropriated interest earnings from Water 1994 CIP Fund 4081; and
appropriating in Water CIP Fund 4081 for the North Navigation Pumping Plant
Contract #3 - 36" Diameter Water Transmission Main; amending capital budget
adopted by Ordinance No. 025647 by increasing appropriations by $337,626.46;
and declaring an emergency.
Motion authorizing the City Manager, or his designee, to execute Change Order No.
8 with Jalco, Inc. of Houston, Texas, in the amount of $376,541 for the North
Navigation Boulevard Pumping Plant Contract Three - 36" Diameter Water
Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant).
ISSUE: This change order will provide additional work necessary to repave the affected
sections of Agnes. Mussett and 19~h Street due to poor existing condition of the street and
provide for the demolition of the 10MG Underground water Storage tank at the Caldwell
Pump Station.
FUNDING: Funding is available through unappropriated Water CIP fund reserves.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Change
Order as presented so work may proceed in a timely manner.
Eduar~do'GaraPla p
Director of Water Services
'JRt. E~scobar, P. E_,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit"C" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT:
Change Order #8 North Navigation Boulevard Pumping Plant Contract Three
36" diameter Water Transmission Main
North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant
PRIOR COUNCIL ACTION:
November 30, 1999 - Motion authorizing the City Manager or his designee to
execute an engineering services contract in the amount of $328,979 with Urban
Engineering for the:
· Savage Lane Pumping Plant Clearwell Replacement Project;
· Downtown Area Hydraulic Analysis; and,
· Water Distribution System Extended Pedod Simulation (EPS) Model.
Jul,/ 18, 2000- Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to an agreement to authorize Stage 2 Design/Construction Phase
(Engineering) Services with Urban Engineering for a fee not to exceed $902,250 for
the Savage Lane Pumping Plant Clearwell Replacement Project.
December 19, 2000- Motion authorizing the acquisition of Parcel 1; a 9.853 acre
tract of land located on Navigation Boulevard, south of and adjacent to the Savage
Lane Water Pumping Plant, out of Lot 11, Block 3, Navigation Industrial Park,
Section 2, from the owners of Ear, Nose and Throat Pension Plan, for $120,000 in
connection with the Savage Lane Pumping Plant Clearwell Replacement project
and for other municipal purposes.
^uqust 20, 2002 - Motion authorizing the City Manager, or his designee, to execute
a construction contract with Jalco, Inc. of Houston, Texas, for a total fee not to
exceed $3,187,800 for the North Navigation Boulevard Pumping Plant Contract
Three - 36" diameter Water Transmission Main (North Navigation Boulevard
Pumping Plant to Caldwell Street Pumping Plant) (Motion M2002-260)
^uqust 20, 2002 - Motion authorizing the City Manager, or his designee, to execute
a testing services agreement with Fugro South. Inc. for a total fee not to exceed
$116,000 for the North Navigation Boulevard Pumping Plant Contract Number
Three: 36"-Diameter Water Transmission Main (North Navigation Boulevard
Pumping Plant to Caldwell Street Pumping Plant) (Motion M2002-261)
Auqust 19, 2003 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 1 to a construction contract with Jalco, Inc. of Houston, Texas,
for $73,471.60 for the North Navigation Boulevard Pumping Plant Contract Three -
36" diameter Water Transmission Main (North Navigation Boulevard Pumping Plant
to Caldwell Street Pumping Plant) (Motion M2003-271)
Page 1 of 5
October 14.2003- Motion authorizing the City Manager, or his designee, to execute
Change Order No. 2 to a construction contract with Jalco, Inc. of Houston, Texas,
for $53,300.00 for the North Navigation Boulevard Pumping Plant Contract Three -
36" diameter Water Transmission Main (North Navigation Boulevard Pumping Plant
to Caldwell Street Pumping Plant) (Motion M2003-360)
PRIOR ADMINISTRATIVE ACTION:
Julv 9, 1999 - Distribution of Request For Qualifications (RFQ) No. 1999-01
(Streets, Storm Water, Wastewater and Water Improvement Projects) to 230 local
architectural and engineering firms.
November 25, 2003 - Administrative approval of Change Order No. 3 to a
construction contract with Jalco, Inc. of Houston, Texas, in the amount of
$24,804.49 for the North Navigation Boulevard Pumping Plant Contract Three - 36"
diameter Water Transmission Main (North Navigation Boulevard Pumping Plant to
Caldwell Street Pumping Plant)
February 2, 2004 - Administrative approval of Change Order No. 4 to a construction
contract with Jalco, Inc. of Houston, Texas, in the amount of $21,765.84 for the
North Navigation Boulevard Pumping Plant Contract Three - 36" diameter Water
Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant)
March 5, 2004 - Administrative approval of Change Order No. 5 to a construction
contract with Jalco, Inc. of Houston, Texas, in the amount of $24,033.85 for the
North Navigation Boulevard Pumping Plant Contract Three - 36" diameter Water
Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant)
Apdl 15, 2004 -Administrative approval of Change Order No. 6 to a construction
contract with Jalco, Inc_ of Houston, Texas, in the amount of $23,765.83 for the
North Navigation Boulevard Pumping Plant Contract Three - 36" diameter Water
Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant)
Apdl 26. 2004 - Administrative approval of Change Order No. 7 to a construction
contract with Jalco, Inc. of Houston, Texas, in the amount of $22,443.59 for the
North Navigation Boulevard Pumping Plant Contract Three - 36" diameter Water
Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant)
BACKGROUND INFORMATION:
The purpose of the first part of this change order is for additional road surface repairs
Ih
Agnes, 19 and Mussett Streets. This will include the repaving of:
· Agnes between Laredo Street and Baldwin Blvd.,
· 19Ih Street between Mussett Street and Laredo Street.,
· Mussett Street between 19Ih Street and the Crosstown Expressway Access
Road.
I I
Page 2 of 5
Agnes Street repaving will include repaving of a single lane around Agnes and Laredo
Streets, will progress to two lanes between this section and Old Robstown Road. The
final section on Agnes will include two lanes and the center turn lane from Old
Robstown Road to Baldwin Blvd.
19"' Street will include paving of a single lane to the centedine of the street.
Mussett Street will include paving to the full width of the street.
The original trench repairs performed by the contractor on these streets were
unacceptable to the City of Corpus Chdsti and must be corrected. Dudng the repairs to
be performed, we recommend that these additional areas be repaved to improve the
rideability and appearance of these streets.
PROJECT DESCRIPTION:
This change order consists of pavement repairs to the following streets:
AGNES STREET:
City of Corpus Christi Change Order:
· Mill 1" existing asphalt and replace with
1" hot mix asphalt pavement for 73,700 square feet
· 8,520 I.f. lane stripping
$47,905
$16,296
Sub-Total Agnes Street
$64,201
MUSSETT STREET:
City of Corpus Christi Change Order:
· Mill 1" existing asphalt and replace with
1" hot mix asphalt pavement including intersections
to radius for 21,600 square feet
$14,040
Sub-Total Mussett Street
19th STREET:
City of Corpus Christi Change Order:
· Mill 1" existing asphalt and replace with
1" hot mix asphalt pavement for 10,000 square feet
· Traffic Control
Sub-Total 19u~ Street
$14,040
$ 6,500
$ 4,8O0
$11.300
TOTAL CITY OF CORPUS CHRISTI CHANGE ORDER:
EXHIBIT "A"
Page 3 of 5
JALCO'S REQUIREMENT AS PER EXISTING CONTRACT:
AGNES STREET:
· Mill 1" existing asphalt and replace with $67,405
1" hot mix asphalt pavement for 103,700 square feet
Sub-Total Agnes Street $67,405
MUSSETF STREET:
· Mill 1" existing asphalt and replace with $14,950
1" hot mix asphalt pavement including intersections
to radius for 23,000 square feet
Sub-Total Mussett Street $14,950
19u~ STREET:
· Mill 1" existing asphalt and replace with
1" hot mix asphalt pavement for 14,300 square feet
$ 9,295
Sub-Total 19~h Street
$ 9,295
TOTAL JALCO REQUIREMENT PER EXISTING CONTRACT ~9'1,650~
The second part of this change order will provide for the demolition and removal of the
existing 10MG underground water storage tank at the Caldwell Pump Station for a lump
sum price of Two Hundred Eighty-Seven Thousand Dollars and No Cents ($287,000). This
is necessary to facilitate the closure of the Caldwell Pump Station. Work will include:
· Removal of the earthen fill over the tank and around the perimeter of the tank for
access for demolition_
· Removal of two (2) existing 16" cast iron pipes with lead joints within the tank. The
lead joint pipe will be disposed of as required by state and local regulations.
· Removal of a 12" and 10" cast iron pipe drain under the tank floor.
· Removal and disposal at the landfill of approximately 1,700 If of 6" concrete pipe
underdrain system.
· Demolition of the concrete structure including deck columns, slab, foundations, and
the hauling of approximately 4,800 cy of concrete rubble to the landfill.
· Regrading the site to balance the soil required to backfill the removed tank_
· Installation of silt fence for erosion protection around site.
· Removal of the existing chain link fence at the tank site.
· After final grading, the disturbed areas will be hydromulch seeded.
I EXHIBIT "A" I
Page 4 of 5
FUNDING: Funds for this change order are available from Water Capital Improvement
Program funds.
I EXHIBIT "A" I
Page 5 of 5
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
June 8, 2004
PROJECT:
North Navigation Boulevard Pumping Plant Contract Three -
36" Diameter Water Transmission Main
North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant
Project # 8452
APPROVED: City Council on 08/20/02 - Motion No. M2002-261
CONTRACTOR:
Jalco, Inc. of Houston, Texas
5148 Lotus
Houston, TX 77045
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No. 1
Change Order No. 2 ~
Change Order No. 3 ~
Change Order No. 4 ~
Change Order No. 5,
Change Order No. 6,
Change Order No. 7,
Change Order No. 8,
08/19/03) .....................
10/14/03) ...................
11/25/03) ...................
02/14/04) ...................
03/05/04) ...................
04/15/04) ...................
04/26/04) ...................
06/08/04) ....................
Total ..........................................................
$3,187,800.00
796,950.00
73,471.60
53,300.00
24,804.49
21,765.84
24,033.85
23,765.83
22,443.59
376,541.00
620,126.20 = 19.45% < 25%
H:\HOME~LYNDAS\GEN\WATER\North Navigaaon Plan[',~452 - N. Navigallon Conb'act 3\CO ~8~Change Order Summary.doc
EXHIBIT "B"
Page I of 1
\ Mproject \ councilexhibRs \ exh84 5 2b. dwg
San Patricio County
N
1H37
H~h' 44- AGNES
~ cORPUS
Nuece$ C~nty
BEN GARZA PARK
F.u.
PROJECT LOCATION
FU 2444
PROJECT No. 8452
LOCATION MAP
NOT ~ S~LE
EXHIBIT "C"
North Navigation Boulevard Pumplng Plant
Contract Three: 36" Dlameter Water Trans-
mission Maln (North Navigation Blvd, Pump-
ins Plant to Caldwell Street Pumping Plant)
CIT~ OF CORPUS CHRIST~, TEXAS
DEPARTMENT OF ENGINEERING SERV~C£S
CITY COUNCIL EXH£BZT
DATE: 06-04-2004
ORDINANCE
APPROPRIATING $337,626.46 FROM THE UNAPPROPRIATED
BOND PROCEEDS AND UNAPPROPRIATED INTEREST
EARNINGS IN WATER 1994 ClP FUND 4081 FOR THE NORTH
NAVIGATION PUMPING PLANT CONTRACT NO. 3 36"
DIAMETER WATER TRANSMISSION MAIN; AMENDING
CAPITAL BUDGET ADOPTED BY ORDINANCE 025647 BY
INCREASING APPROPRIATIONS BY $337,626.46; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $337,626.46 is appropriated from the unappropriated bond
proceeds and unappropriated interest earnings in Water 1994 CIP Fund 4081 for
the Norl~ Navigation Pumping Plant Contract No. 3 - 36" Diameter Water
Transmission Main.
SECTION 2. That Capital Budget adopted by Ordinance No. 025647 is amended
by increasing appropriations by $337,626.46.
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 ,2004.
A'I-rEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: June 1,2004
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Chdsti, Texas
day of ,2004
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
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
11
CITY COUNCIL
AGENDA MEMORANDUM
June 8,2004
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility
Easement instrument with Frank T. Shumate, Jr., for Parcel 402B, in the total amount of
$30,000, necessary for the Southside Water Transmission Main, Phase 4, Project 8390,
and for other municipal purposes.
ISSUE: Continuation of the Southside Water Transmission Main is underway for Phases
4, 4a, and 5 as shown on Exhibit C. These phases will extend the water main from the
South Staples Pumping Plant northeasterly to Holly Road and southeasterly to Laguna
Shores Road. On December 17, 2002, City Council approved an engineering services
contract with Urban Engineering for permitting, design and acquisition of the required right-
of-way. Negotiations are approaching completion for the acquisition of 44 parcels in
connection with Phases 4 and 4a. The City's sub-contractor, Right of Way Services, Inc.,
has acquired Parcel 402B in the total amount of $30,000, which requires City Council
approval.
FUNDING: Water CIP 550701-4080-00000-180188
RECOMMENDATION: Approval of the motion as presented.
scebar, P_ E_
Director of Engineering Services
Attachments:
Exhibit A_
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Prior Council Action
Route Map
Parcel Location Map
H:~HOME~EUSEBIOG\GENV~ge~:Ia Ilems~SS Water Trans. Ph 4a.,.~urnateV~nda Memorandum.do:
BACKGROUNDINFORMATION
SUBJECT: Southside Water Transmission Main, Phases 4, 4a, and 5
Acquisition of Parcel 402B
PRIOR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize contracts and expenditure of funds from the Water Capital Projects Fund
(Commercial Paper) which exceed $25,000; and
2. authorize the payment of any Special Commissioners' Awards in connection with
acquisition of any parcels by condemnation.
OVERVIEW:
Back~round: The Council-approved 1997 Water Distdbution System Master Plan Update
recommended a new Southside Transmission Main from the O.N. Stevens Water
Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will
alleviate inadequate water supply and pressure problems experienced dudng peak
demand pedods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the
transmission main is necessary to increase the hydraulic capac~ of the delivery system
from the ONSWTP to southeast Corpus Chdsti and eventually to Padre Island. It will be
the pdmary supply source for the Staples Street Pumping Plant. Phases 1 through 3 have
been constructed and Phase 4 and 4a are in the easement acquisition stage. These
current phases, 4 and 4a as shown on Exhibit C, will extend the transmission main from
the Staples Street Pumping Plant to Holly Road. Phase 5, which is now under design, will
extend the water transmission line from the Yorktown Blvd. & Redd Field Rd. intersection
eastward to Laguna Shores Road.
Due to the peak work-load of the City's Land Acquisition staff with pdor Bond Issue 2000,
CIP, Airport Expansion and CDBG projects, it was necessary to outsource the negotiations
and acquisition process for this project. The City entered into a contract with Urban
Engineering which included acquisition responsibilities. Urban Engineering has sub-
contracted with Right of Way Services, Inc. (ROWS) for the negotiations and acquisition
of 44 parcels for Phases 4 and 4A. There are approximately ten more parcels to acquire
which involve negotiations with six landowners.
Parcel Acquisition:
Parcel 402B: This parcel is composed of a permanent utility easement located southeast
of the King Estates Unit 2 Subdivision and west of Oso Creek as shown on the attached
Exhibit D. The south edge of the easement borders along King Ranch property. The utility
easement is forty (40) feet wide and approximately 690 feet long, containing .63 acres. No
temporary construction easement is needed since the pipeline will be bored within the
EXHIBIT A
1 o£2
easement from an adjacent property. The boring will be at depth of forty feet in order to
avoid surface damage to any potential archaeological sites. The easement is located
within a platted 5.39 acre residential site. Thomas F. Dorsey, MAI, appraised the
easement in the amount of $26,200. There are no crop damages or other damages to the
remaining tract as a result of this taking.
Right of Way Services, Inc, (ROWS) has concluded negotiations with the landowner and
he has agreed on an administrative settlement of $30,000. It is in the best interest of the
City to settle at this amount in order to avoid a delayed condemnation suit. Since this is an
easement acquisition, no title company is required for closing.
H:~IOME~EUSEBIOG~ENXAgenda ll~rr~S Warn- Trans.Ph 4a. Shumate~B~kground.doc
EXHIBIT A
2 of 2
PRIOR COUNCIL ACTION
SUBJECT: Southslde Transmission Main, Phases 4, 4a, and 5
Acquisition of Parcel 402B
10.
11.
12.
13.
September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97-246)
September 9, 1997 - Approval of amendment of the City of Corpus Chdsti
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
June 16, 1998 - Award of an engineering services contract in the amount of
$706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98-208).
September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98-327).
September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65
with Tdnity Engineering Co. for testing services for Southside Transmission Main
- ON. Stevens Plant to Clarkwcod Road (M98-328).
November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
March 23, 1999 - Approval of site selection and authorization to proceed with
acquisition (M99-078).
March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope
of the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main from the proposed Staples Street
Pumping Plant to Yorktown Road (Ord. No. 023592).
March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
include related additional engineering services for a 42-inch waterline from the new
pumping plant at South Staples and County Road 43 to the existing 16-inch
waterline near Country Creek (M99-079).
May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res.
M023645).
June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
EXHIBIT B
1 of 3
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
July 20, 1999 - Approval of FY99-O0 Capital Budget (Ord. No. 023703).
September 28, 1999 - Award of construction contract to Gamey Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Countr~ Creek for Staples Street Pumping Plant,
Contract 4 (M99-342).
October 19, 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
Apdl 11, 2000 -Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project
(M2000-106).
April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution ~)24014).
September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project_ (Resolution #024213).
September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-332).
December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection w~ the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605,411. (Motion M2000-434).
December 12, 2000 - Award of a testing agreement with Tdnity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000-435).
February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for
$28,291in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-060).
Apdl 17, 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project, Phase 1 - O.N. Stevens Plant to Clarkwood.
Apdl 24. 2001 - Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162)
June 25, 2002 - Motion authorizing the City Manager or his designee to execute an
amendment to an engineering services contract with Urban Engineering of Corpus
Chdsti, Texas in the amount of $454,125 for the Southside Water Transmission
Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Pads B and
C. (M2002-180)
EXHIBIT B
2 of 3
27. December 17. 2002 - Motion authorizing the City Manager of his designee to
execute an engineering services contract with Urban Engineering of Corpus Chdsti,
Texas in the amount of $1,824,742 for the Southside Transmission Water Main,
Phases 4, 4a, and 5. (M2002-419)
28. January 14, 2003 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Gamey Companies, Ltd., of Kansas City,
Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water
Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019)
29. November 11,2003 - Resolution recogniTing the public necessity of acquiring utility
and construction easements for the Southside Water Transmission Main project,
Phases 4,4a,and 5, for utility and other municipal purposes in connection with said
project; and authorizing acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Chdsti or its agents in acquiring said easements.
(Resolution No. 025547
30_ March 30, 2004 - Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the
amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission
Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No.
M2004-125)
31. A.odl 13, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ann Hardy Brat-ton, Individually and as
Independent Executrix of the Estate of Mark P. Bra~ton, for Parcels 401 and 411,
in the total amount of $41,937, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (~8425), and for other municipal purposes.
(Motion No. 2004-141)
32. May 18, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in
the total amount of $31,290, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No. 2004-183)
H:~IOME~EUSEBIOG~GEN~Agenda IIl~'ns~SS Wale~ Trans,Ph 4a.Shumale~Orlor Co~Jncll Action,doc
EXHIBIT B
3 of 3
F;le \Mproject\councilexhibits\exh8390c.dw9
F.M ROAD
CEL 402B
CITY PROJECT No. 8390
LOCATION MAP
NOT TO SCALE
EXH£BIT "D"
SOUTHS£DE WATER TRANS. MA£N, PHASE 4
PARCEL 402B
CITY OF CORPUS CHRISTI, TEXA~
C_TTy COUNC_TL EXHIBT_T
DEPARTI~ENT OF ENGINEERING SERVICES
PAGE: I of 1
DA~: 06-01-2004
12
CITY COUNCIL
AGENDA MEMORANDUM
June 8, 2004
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility
Easement instrument with Patdcia Ray Peterson Nuss and Chdsty Ann Peterson Brown,
for Parcel 443, in the total amount of $87,659, necessary for the Southside Water
Transmission Main, Phase 4a, Project, (¢f-8425), and for other municipal purposes.
ISSUE: Continuation of the Southside Water Transmission Main is underway for Phases
4, 4a, and 5 as shown on Exhibit C. These phases will extend the water main from the
South Staples Pumping Plant northeasterly to Holly Road and southeasterly to Laguna
Shores Road. On December 17, 2002, City Council approved an engineering services
contract with Urban Engineering for pormitting, design and acquisition of the required right-
of-way. Negotiations are approaching completion for the acquisition of 44 parcels in
connection with Phases 4 and 4a. The City's sub-contractor, Right of Way Services, Inc.,
has acquired Parcel 443 in the total amount of $87,659, which requires City Council
approval.
FUNDING: Water CIP 550701-4080-00000-180188
RECOMMENDATION: Approval of the motion as presented.
A R Escebar, P E
D~rector of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Prior Council Action
Route Map
Parcel Location Map
H:~K3ME~EUSEBIOG\GEN~a~cla Items~SS Water Trans. Ph 4a Brown,Agenda Ma-n~'andum.doc
BACKGROUNDINFORMATION
SUBJECT: Southside Water Transmission Main, Phases 4, 4a, and 5
Acquisition of Parcel 443
PRIOR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize contracts and expenditure of funds from the Water Capital Projects Fund
(Commercial Paper) which exceed $25,000; and
2. authorize the payment of any Special Commissioners' Awards in connection with
acquisition of any parcels by condemnation.
OVERVIEW:
Back~round: The Council-approved 1997 Water Distribution System Master Plan Update
recommended a new Southside Transmission Main from the O.N. Stevens Water
Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will
alleviate inadequate water supply and pressure problems experienced during peak
demand pedods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the
transmission main is necessary to increase the hydraulic capacity of the delivery system
from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be
the primary supply source for the Staples Street Pumping Plant. Phases 1 through 3 have
been constructed and Phase 4 and 4a are in the easement acquisition stage. These
current phases, 4 and 4a as shown on Exhibit C, will extend the transmission main from
the Staples Street Pumping Plant to Holly Road. Phase 5, which is now under design, will
extend the water transmission line from the Yorktown Blvd. & Rodd Field Rd. intersection
eastward to Laguna Shores Road.
Due to the peak work-load of the City's Land Acquisition staff with pdor Bond Issue 2000,
CIP, Airport Expansion and CDBG projects, it was necessary to outsource the negotiations
and acquisition process for this project_ The City entered into a contract with Urban
Engineering which included acquisition responsibilities. Urban Engineering has sub-
contracted with Right of Way Services, Inc. (ROWS) for the negotiations and acquisition
of 44 parcels for Phases 4 and 4A. There are approximately ten more parcels to acquire,
which involve negotiations with six landowners.
Parcel Acquisition:
Parcel 443: This parcel is composed of a permanent utility easement and temporary
construction easement, both located at the southeast comer of the Holly Road and Rodd
Field Road interseddon as shown on the attached Exhibit D. The utility easement is fifteen
(15) feet wide and approximately 1,426 feet long, containing approximately .46 acres. This
easement fronts along Rodd Field Road for the entire length of the property. The
EXHIBIT A
1 of 2
temporary construction easement contains 1.52 acres and is fifty (50) feet wide by 1,327
feet long. This easement is located east of and adjacent to the permanent easement.
This commercial zoned tract is the last parcel at the end of Phase 4a. The land values
have been found to increase as the pipeline route advances northward_ Land sales in this
area have justified a higher unit cost. Thomas F. Dorsey, MAI, appraised the subject
propert7 and valued both easements in the total amount of $81,000, including crop
damages.
Right of Way Services, Inc, (ROWS) has concluded negotiations with the landowner and
they have agreed on an administrative settlement of $87,659. It is in the best interest of
the City to settle at this amount in order to avoid a delayed condemnation suit. Since this
is an easement acquisition, no title company is required for closing.
EXHIBIT A
2 of 2
PRIOR COUNCIL ACTION
SUBJECT: Southside Transmission Main, Phases 4, 4a, and 5
Acquisition of Parcel 443
10.
11.
12.
13.
September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97-246)
September 9, 1997 - Approval of amendment of the City of Corpus Chdsti
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
June 16, 1998 - Award of an engineering services contract in the amount of
$706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98-208).
September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98-327).
September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65
with Tdnity Engineering Co. for testing services for Southside Transmission Main
- O.N. Stevens Plant to Clarkwood Road (M98-328).
November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
March 23, 1999 - Approval of site selection and authorization to proceed with
acquisition (M99-O78).
March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope
of the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main from the proposed Staples Street
Pumping Plant to Yorktown Road (Ord_ No. 023592).
March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
include related additional engineering services for a 42-inch waterline from the new
pumping plant at South Staples and County Road 43 to the existing 16-inch
waterline near Country Creek (M99-O79).
May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res.
M023645).
June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
EXmBIT B
1 of 3
14. July 20, 1999 - Approval of FY99-O0 Capital Budget (Ord. No. 023703).
15. September 28, 1999 - Award of construction contract to Gamey Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Country Creek for Staples Street Pumping Plant,
Contract 4 (M99-342).
16. October 19, 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
17. April 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project
(M2000-106).
18. APril 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution ~024014).
19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution g024213).
20. Seotember 19.2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-332).
21. December 12. 2000 - Award of construction conlTact to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605,411. (Motion M2000-434).
22. December 12, 2000 - Award of a testing agreement with Tdnity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000-435).
23. Februa~ 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for
$28,291in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-O60).
24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project, Phase 1 - O.N. Stevens Plant to Clarkwood_
25. Apdl 24, 2001 - Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162)
26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an
amendment to an engineering services contract with Urban Engineering of Corpus
Chdsti, Texas in the amount of $454,125 for the Southside Water Transmission
Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and
C. (M2002-160)
EX]~IBIT B
2 of 3
27.
28.
29.
30.
31.
32.
December 17, 2002 - Motion authorizing the City Manager of his designee to
execute an engineering services contract with Urban Engineering of Corpus ChdstJ,
Texas in the amount of $1,824,742 for the Southside Transmission Water Main,
Phases 4, 4a, and 5. (M2002-419)
January 14, 2003 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Gamey Companies, Ltd., of Kansas City,
Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water
Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019)
November 11. 2003 - Resolution recognizing the public necessity of acquiring utility
and construction easements for the Southside Water Transmission Main project,
Phases 4,4a,and 5, for utility and other municipal purposes in connection with said
project; and authorizing acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Christi or its agents in acquiring said easements.
(Resolution No. 025547
March 30, 2004 - Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with Eloy H. Salazar and Ricardo A. MartJnez, in the
amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission
Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No.
M2004-125)
April 13. 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ann Hardy Brat[on, Individually and as
Independent Executrix of the Estate of Mark P. Brat[on, for Parcels 401 and 411,
in the total amount of $41,937, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No. 2004-141)
May 18, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in
the total amount of $31,290, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (~8425), and for other municipal purposes.
(Motion No. 2004-183)
H:~O~IE~EUSEBIOG\GEN~enda Itm~s~SS Wale~ Trans Ph 4a. Brow~Pdo~ Council Action.doc
EXHIBIT B
3 of 3
File : \Mproject\councilexhibits\exh8590E. dwg
PARCEL 443
CITY PROJECT No. 8390
LOCATION MAP
NOT TO SCALE
SOUTHSIDE WATER TRANS. MAIN,
PARCEL 443
CITY OF CORPUS CHRISTI, TEXAS
PHASE 4
EXHIBIT "D"
CITY COUNCIL EXHIBIT
O£PARTMENT OF ENGINEERING S£RVICES
PAGE: I of 1
DATE: 06-01-2004
13
AGENDA MEMORANDUM
City Council Action Date: June 8, 2004
AGENDAITEM:
Ordinance appropriating $1,857,606.51 from the unappropriated bond proceeds and
unappropriated interest earnings from Water 1995 ClP Fund 4082; and
appropriating in Water CIP Fund 4082 for the Padre Island Pumping Plant
Improvements project; amending capital budget adopted by Ordinance No. 025647
by increasing appropriations by $1,857,606.51; and declaring an emergency.
Motion authorizing the City Manager, or his designee, to execute Change Order No.
6 with Laughlin-Thyssen, Inc. of Houston, Texas, in the amount of $1,816,491.94
for the Padre Island Pumping Plant Improvement project
ISSUE: This change order will allowwork to proceed atthe Padre Island Pump Station to
provide needed improvement to water system pressures on Padre and Mustang Islands.
FUNDING: Funding is available through unappropriated Water CIP fund reserves.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Change
Order as presented so work may proceed in a timely manner.
Additional Supl~ort Material:
Exhibit"A" Background Information
Exhibit"B" Change Order Summary
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter
Drain, Yard Piping, Filter to Waste)
PRIOR COUNCIL ACTION:
September 9, 1997 - Approval of motion to amend Section 4 of the Master Water
Plan (Motion 97-246).
September 9, 1997 - Approval of amendment of the City of Corpus Chdsti
Comprehensive Plan by amending the Master Water Plan, Ordinance No. 023050;
December 14, 1999 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract with Smith, Russo & Mercer in the amount
of $143,000 for the ON Stevens Water Treatment Plant High Service Pump Building
No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems
Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1,
Filters I - 22 Rehabilitation. (Motion No. 990422)
May 9, 2000 - Motion authorizing the City Manager, or his designee, to ex~ecute
Amendment No. I to an engineering services contract with Smith Russo & Mercer in
the amount of $214,100 for the ON Stevens Water Treatment Plant Wash Water
System Phase 1, Filters 1 - 22 Rehabilitation stage two design work. (Motion No.
M2000-135)
November 14, 2000 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 3 to an engineering services contract with Smith Russo &
Mercer in the amount of $1,640,814 for the ON Stevens Water Treatment Plant
High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical,
Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash
Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste)
and Phase 3 (Elevated Storage Tanks). (Motion No. M2000-401)
December 12, 2000 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Eagle Contracting for a total fee not to exceed
$4,634,000 for the O. N. Stevens Water Treatment Plant Wash Water System,
Phase I Filter Media Replacement Project.
December 10, 2002 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Laughlin-Thyssen, Inc. for a total fee not to
exceed $8,920,125 for the ON Stevens Water Treatment Plant Wash Water
System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project.
December 13, 2003 - Motion authorizing the City Manager, or his designee, to
execute Change Order No. 2 with Laughlin-Thyssen, Inc. in the amount of $46,928
for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter
Drain, Yard Piping, Filter to Waste) Project. (Motion 2003-466)
EXHIBIT "A"
Page Io[ 5
February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget
for $173,624,300. (Ordinance No. 025647)
Apdl 27, 2004 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 5 with Laughlin-Thyssen, Inc. in the amount of $159,401.79 for
the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter
Drain, Yard Piping, Filter to Waste) Project.
PRIOR ADMINISTRATIVE ACTION:
1. September 22. 2000 - Administrative approval of Amendment No. 2 to an
engineering services contract with Smith Russo & Mercer in the amount of $14,000
for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump
Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON
Stevens Water Treatment Plant Wash Water System Phase 1, Filters I - 22
Rehabilitation for hydraulic profiles.
2. November 7.2001 - Administrative approval of Amendment No. 4 to an engineering
services contract with Smith Russo & Mercer in the amount of $19,990 for the ON
Stevens Water Treatment Plant High Service Pump Building No. 2 Pump
Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade).
3. December 10, 2001 - Administrative approval of Amendment No. 5 to an
engineering services contract with Smith Russo & Mercer in the amount of $14,990
for the ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1
- 22 Rehabilitation project.
4. Au(~ust 19, 2002 - Administrative approval of Amendment No. 6 to an engineering
services contract with LNV, Inc. d.b.a., Smith, Russo & Mercer in the amount of
$16,500 for the ON Stevens Water Treatment Plant High Service Pump Building
No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems
Upgrade) for inspection services.
5. September 13, 2002 - Administrative approval of Amendment No. 7 to an
engineering services contract with LNV, Inc., d.b.a. Smith Russo & Mercer in the
amount of $15,500 for the ON Stevens Water Treatment Plant Wash Water System
Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional
design services.
6. Auqust 1,2003 - Administrative approval of Change Order No. 1 to a construction
contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $200 for
the ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain,
Yard Piping and Wash Water Filter to Waste) project.
7. January 12, 2004 - Administrative approval of Change Order No. 3 to a construction
contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $24,883.60
for the ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter
Drain, Yard Piping and Wash Water Filter to Waste) project.
8. February 26, 2004 - Administrative approval of Change Order No. 4 to a
construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount
of $21,865.89 for the ON Stevens Water Treatment Plant Wash Water System
Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project.
BACKGROUND INFORMATION: This original project was approved by Council as part of
the FY 2000-2001 Capital Improvement Budget. Smith, Russo & Mercer Consulting
Engineers (LNV, Inc. Engineering) was hired to provide operation improvements at the
O. N. Stevens Water Treatment Plant and four (4) construction contracts were developed
to complete this requirement. The approved projects are as follows:
Wash Water System Phase I - Filter Media Replacement of Filers 1-22:
(Project Complete March 15, 2002)
Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter
to Waste:
(Under construction, anticipated completion date October 2004)
Wash Water System Phase 3 - Elevated Tank; and
(Under construction, anticipated completion date May 2004)
Additional Pump for High Service Pump Building No. 2 Pump
Modifications -
(Project Complete Apdl 2004)
CHANGE ORDER BACKGROUND: The original recommended short-term Padre Island
Pump Station (PIPS) improvements were meant to allow for a quick addition of a single
250-300 HP pump to allow significant improvement in the ability to maintain distribution
system pressure for summer 2004. The recommended improvements consisted of:
· One (1) new 4,000 gpm pump on a pad adjacent the existing pump building.
· Connection to the existing 18-inch diameter pump suction header ~ a short length
of pipe and a tee.
· Temporary power feed for the new pump located in the existing pump building.
· A new 18 to 24-inch diameter discharge header.
· A standby generator.
The estimated cost for the odginal scope was estimated at $1,000,000. Due to the short
lead time of having additional pump capacity by June 30, 2004, the City Council was
informed at the March 30, 2004 meeting, that a change order to an existing contract was
necessary to achieve this.
After review by the Texas Commission on Environmental Quality (TCEQ), requirements for
permanent improvements were mandated. Two pumps are now required for redundancy
purposes. The requirement to power two pumps made temporary electrical gear
impractical, and thus an electrical building was included in the improvements. Three
pumps will be required to give the firm capacity required through the year 2010 and
beyond. Therefore, the pump suction and discharge headers were designed to
accommodate a total of three pumps. Noise became an issue for the neighbors dudng a
ddlling operation on the pump station site, and thus the pump foundation was made
integral with the electrical building foundation, and a future pump enclosure with a monorail
crane was planned. Due to the potential for pumping at a rate in excess of 12 mgd, the
existing 12-inch diameter pump station supply line was entirely inadequate, requiring a new
EXHIBIT
Page 3 of
24-inch diameter supply line and new larger tank taps on both ground storage tanks. In
summary, the differences in the PIPS pump station improvements project are as follows:
· Two (2) new 4,000 gpm pumps on a foundation for a future building.
· New 36-inch diameter steel suction header for three (3) pumps.
· New 30-inch diameter steel discharge header for three (3) pumps.
· New climate-controlled electrical building and electrical gear.
· New 24-inch inlet and outlet with associated piping on the 750,000-gallon tank.
· New 24-inch piping to the 400,000-gallon tank.
· New 20-inch outlet with associated piping on the 400,000-gallon tank.
· New tank fill control valve station.
The pump station improvements will allow the City to meet the peak hour demand of 13-
mgd for the year 2005; however, a third pump will be required to provide the additional
TCEQ-mandated pumping capacity. With other distribution system improvements, the two
pumps will meet peak flow demands up to and beyond the year 2010, and the three pumps
will provide sufficient capacity to meet the year 2015 estimated peek hour demand of 15.5
rngd. This capacity (15_5 mgd) is far greater than the current pump station capacity of 1.6
rngd. It is important to note that the pumps only represent pumping capacity, and that
supply capacity to the pumps must still be addressed with other projects such as pipeline
crossings, elevated storage, and ASR.
City forces have already made two (2) 20 inch taps into the existing 24 inch main on SPID,
and have laid a 24 inch line down Villa Mada Isabel read to the northwest comer of the
PIPS site. In addition, to help address pressure issues, City forces will be installing over
3,100 linear feet of 12 inch waterline in Park Road 22 ROW, beginning at Whitecap
Boulevard and ending near Merida Dr.
In order to expedite the construction schedule, City Engineering Services, Laughlin-
Thyssen, and the Consultant Engineering team coordinated the procurement of equipment
that required long delivery times. These items included the pump and motors, electrical
equipment, and piping. The total matedal authorized (verbally) to date is $630,774.
Through on-going negotiations with the Contractor, for an additional $175,000.00, the
entire pump station structure can be built (walls, roof, overhead crane). Completion of the
pump station will assist in dampening the noise produced by the new pumps.
Construction completion date is September 15, 2004 for all PIPS construction. However,
the goal is to have one pump operational by June 30, 2004. This will be accomplished by
using a temporary pump, motor, valves, piping, and controls at an additional cost of
$35,670. This temporary pumping system will be utilized until the proposed improvements
are complete.
Page 4 of 5
This project will provide an improvement to pressures, but not supply to the island. This
pump station is designed to be used in conjunction with the supply improvements that will
be presented to Council on June 29, 2004, and is the first step in upgrading the island's
water infrastructure. Refer to Figure 1, which shows the estimated timeline for the
Southside Transmission Main improvements.
CHANGE ORDER DETAIL:
· A-74: This item will include the installation of 2 - 300 HP split case centrifugal
pumps, 2 variable frequency ddves, 36" steel suction header, pump building
foundation, electrical building, generator and foundation, ductile iron supply and
discharge piping, valves, and associated SCADNinstrumentation and electrical
equipment.
COST: $1,605,821.94
A-75: This item will include construction of the new pump building, including walls,
roof, doors, windows, electrical, and overhead crane.
COST: $175,000.00
A-76: This item will provide temporary pump, motor, generator, piping, valves,
controls, and maintenance to start pumping before the permanent pump station
improvements are completely finished.
COST: $35,670.00
FUNDING: Funds for this project are available from the FY 2003 - 2004 Water Capital
Improvement Budget.
Page 5 of 5
2004
I I
SOUTHSIDE SOUTHSIDE
TRANSMISSION TRANSMISSION
MAIN MAIN
PHASE 4 & 4A PHASE 5
COMPLETE COMPLETE
2005 2006
SOUTHSIDE
TRANSMISSION
MAIN
PHASE 6
COMPLETE
2007
,I,
I I
20O8
2OO9
2010
,I
INITIAL /
ASR FACILITIES[--
OPERAT ONAL /
PIPS
IMPROVEMENTS
2 PUMPS
OPERATIONAL
PHASE 1
ELEVATED [_
STORAGE
COMPLETE|
PARK ROAD 22
TRANSMISSION
PIPELINE
COMPLETE /
2008 &
B~YOND I
LONG TERM
WATER SUPPLY
IMPROVEMENTS
INCLUDING ADDITIONAL
CROSSINGS, R.O.FAClLITIES,
AND MAINLAND
DISTRIBUTION IMPROVEMENTS
FIGURE I
LNV ENGINEERING
NEAR TERM PADRE ISLAND
WATER SUPPLY AND DISTRIBUTION SYSTEM IMPROVEMENTS
Southside Trans, Main Phase 4 and 4A
Bid/Award
Construction
So~thside Trans. Main Phase
Design
Bid/Award
Construction
Southside Trans. Main Phase 6
Laguna Madre Crossing Permitting
Design
Bid/Award
ConstrucQon
SOUTHSIDE WATER TRANSMISSION MAIN TIMELINE
June 2, 2004
20O4
200~
URBAN ENGINEERING
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
June 8, 2004
PROJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter
Drain, Yard Piping, Filter to Waste) (Project #8375)
APPROVED: City Council on 12/10/02 - Motion No. M2002-408
CONTRACTOR:
Laughlin Environmental, Inc.
1320 Boy, es Street
Houston, TX 77020
TOTAL CONTRACT AMOUNT ....................
25% Limit Amount .........................................
Change Order No_ 1 (07/14/03) .....................
Change Order No. 2 (12/16/03) .....................
Change Order No. 3 (12/30/03) .....................
Change Order No. 4 (02/26/04) .....................
Change Order No. 5 (04/27/04) .....................
Change Order No. 6 (06/08/04) ...................
Total ..........................................................
$8,920,125.00
2,230,031.25
200.00
46,928.00
24,883.60
21,865.89
159,401.79
1,816,491.94
2,069,771.22 = 23.20 < 25%
EXHIBIT "B
Page I of I
ORDINANCE
APPROPRIATING $1,857,606.51 FROM UNAPPROPRIATED
BOND PROCEEDS AND UNAPPROPRIATED INTEREST
EARNINGS IN WATER 1995 CIP FUND 4082 FOR THE PADRE
ISLAND PUMPING PLANT IMPROVEMENTS PROJECT;
AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE
025647 BY INCREASING APPROPRIATIONS BY $1,857,606.51;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $1,857,606.51 is appropriated from the unappropriated bond
proceeds and unappropriated interest eamings in Water 1995 CIP Fund 4082 for
the Padre Island Pumping Plant Improvements Project.
SECTION 2. That Capital Budget adopted by Ordinance No. 025647 is amended
by increasing appropriations by $1,857,606.51.
SECTION 3. That upon wr~en 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 ,2004.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: June 1,2004
Assistant CYrb/~tomey
for City Attomey
Samuel L Neal, Jr.
Mayor
Corpus Christi, Texas
day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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 mcctings: 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 C~ Council.
Respectfully, Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
14
CITY COUNCIL
AGENDA MEMORANDUM
June 8,2004
AGENDA ITEM:
Ordinance appropriating $2,981,691.76 in unappropriated bond proceeds in the 3430
Wastewater CIP Fund to fund vadous approved wastewater capital projects; amending the
FY 2004 Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by
$2,981,691.76.
ISSUE:
Proceeds from bond sales and other transactions are placed in project-specific funds which
earn interest and are subsequently used for project completion or debt service. Revenue
must be appropriated pdor to expenditure. These funds are used pdor to issuance of new
debt to minimize debt service expenditures.
REQUIRED COUNCIL ACTION:
Interest earnings and other bond proceeds must be appropriated pdor to being used for
debt service.
CONCLUSION AND RECOMMENDATION:
Approval of Ordinance as submitted.
Budget
Attachments: Ordinance
ORDINANCE
APPROPRIATING $2,981,691.76 IN UNAPPROPRIATED BOND
PROCEEDS IN FUND 3430 WASTEWATER CIP TO FUND VARIOUS
APPROVED WASTEWATER CAPITAL PROJECTS; AMENDING
CAPITAL BUDGET ADOPTED BY ORDINANCE 025647 BY
INCREASING APPROPRIATIONS $2,981,69t.76; DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $2,981,691.76 is appropriated from the unappropriated bond
proceeds in Fund 3430 Wastewater CIP to fund vadous approved wastewater capital
projects.
SECTION 2. That the Capital Budget adopted by Ordinance No. 025647 is amended by
increasing appropriations by $2,981,691.76.
SECTION 3 That upon written request of the Mayor or frye 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 ., 2004.
ATTEST
THE CITY OF CORPUS CHRISTI
Arrnando Chapa
City Secretary
Approved: June 3, 2004
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
15
AGENDA MEMORANDUM
DATE: June 2, 2004
SUBJECT: Change Order No. 1 Force Main Repairs/Replacement Line C Phase 2 -
Kenith Circle to Cimarron Blvd. (Project #7299)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award Change Order No. 1 to a
construction contract with Ramos Industries of Pasadena, Texas in the amount of $75,984
for Force Main Repairs/Replacement Line C, Phase 2 - Kenith Circle to Cimarron Blvd.
ISSUE: Dudng construction of this project, it was discovered that many areas of Kenith
Circle had less than I inch of asphalt and less than 4 inches of base material.
Consequently, the construction operations/traffic caused pavement failures of significant
magnitude that now need to be repaired.
FUNDING: Funds for this project are available in the Wastewater FY 03-04 Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented so a
change order may be issued and necessary improvements may begin_
Foster Crewell
Director of Wastewater
'Angel R. Escebar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit"B' Change Order Summary
Exhibit "C" Location Map
BACKGROUNDINFORMATION
SUBJECT: Change Order No. 1 - Force Main Repairs/Replacement Line C Phase 2 -
Kenith Circle to Cimarron Blvd. (Project #7299)
PRIOR COUNCIL ACTION:
1. Mamh 11,2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 8 to the Consultant Contract with Goldston Engineering, Inc. for a
total fee not to exceed $359,130 for the Force Main Repairs and Replacement
Project- Fome Main Line "C". (Motion M2003-101)
2. December 16, 2003 - Motion authorizing the City manager, or designee, to execute
the agreement with the Corpus Chdsti Country Club for Force Main Repairs/Replace
Line "C" Phase 1 Country Club, including any easements necessary for the project.
3 December 16, 2003 - Motion authorizing the City Manager, or his designee, to
award a construction contract to Cash Construction of Pflugerville, Texas in the
amount of $841,830 Force Main Repairs/Replacement Line C, Phase 1 - Corpus
Chdsti Country Club
4. December 16, 2003 - Motion authorizing the City Manager, or his designee, to
award a construction contract to Ramos Industries of Pasadena, Texas in the
amount of $1,315,060 Force Main Repairs/Replacement Line C, Phase 2 - Kenith
Circle to Cimarron Blvd.
5 February 11, 2004 - Approval of the FY 2003-2004 Capital Improvement Budget
(Ordinance No. 025647).
PRIOR ADMINISTRATIVE ACTION:
1. October 23, 2003 - Administrative Approval of Amendment No. 9 to a Contract For
Professional Services in the amount of $9,320 with Goldston Engineering, Inc. for
Force Main Repairs and Replacement Line C.
2. November 11,2003 - Administrative Approval of Amendment No. 10 to a Contract
For Professional Services in the amount of $24,950 with Goldston Engineering, Inc.
for Force Main Repairs and Replacement Line C.
FUTURE COUNCIL ACTION: Nothing Anticipated
BACKGROUND INFORMATION: This project has provided for the construction of a 24"
force main from the Country Club Lift Station located on Everhart Road to the existing
gravity system on Cimarron. There are two parts to the original construction contract.
· Phase 1 is the construction ol~the force main across Corpus Chdsti Country Club
within an easement dedicated by the Country Club.
· Phase 2 consists of the continuation of the force main from the easterly property
line of the Country Club via Spohn South Drive, east to Cimarron Boulevard, where
it will tie in to the existing twin 36" gravity system in the vicinity of the Cimarron
Blvd./Bradley Drive intersection.
Page I of 2
In conjunction with the construction of this force main will be the construction of an effluent
line which will eventually extend to the Oso Wastewater Treatment Plant. The purpose of
this effluent line is to provide future irrigation water to Corpus Christi Country Club from the
Oso Water Reclamation Plant.
CHANGE ORDER NO. 1 DESCRIPTION:
As part of this project, 24" force main and 8" effluent lines were constructed within the
pavement area of Kenith Circle. Kenith Circle is a residential street located within Country
Club Subdivision. This street is off Staples Street between Wooldddge Road and
Saratoga Blvd. Normally, a residential street can be expected to be constructed of 1-2
inches of asphalt on top of 6-8 inches of base material. This type of pavement can also be
expected to normally support the weight of construction traffic with minimal adverse impact.
During construction, it was discovered that many areas of this street had less than 1 inch of
asphalt and less than 4 inches of base material. Consequently, the construction
operations/traffic caused pavement failures of significant magnitude. In order to provide the
residents of this street with a suitable roadway, it is considered necessary to totally rebuild
the roadway for its full depth. The contract for this project only includes pavement repairs
for the actual areas excavated for the pipe installation. Therefore, this change order is
required to provide for the full reconstruction of the entire roadway.
FUNDING: Funds for this project are available in the FY 2003-20(H Wastewater Capital
Improvement Budget.
DEPARTMENT OF ENGINEERING SERVlCES
CHANGE ORDER SUMMARY SHEET
June 8, 2004
PROJECT:
Force Main Repairs/Replacement Line C, Phase 2 -
Kenith Circle to Cimarron Blvd.
Project # 7299
APPROVED: City Council on 12/16/03 - Motion No. M2003-443
CONTRACTOR:
Ramos Industries
3636 Pasadena Blvd.
Pasadena, Texas 77503
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No. 1 (06/08/04) .....................
Total ..........................................................
$1,315,060.00 328,765.00
75,984.00
75,984.00 = 5.77% < 25%
H:~HOME~.YNDAS\GEN~Waslewater~7276 - Fmc~ Main !.Jne C\CO #1\Change Order Summ~ry.doc
EXHIBIT "B"
Page I of 1
\ Mprojec t \ councilexhibits \ exh 7 299,dwg
N
CORPUS CHRISTI BAr
PROJECT LOCATION
Phase 2- From Kenith Circle,
to CJmarron Blvd.
PROJECT No, 7299
LOCATION MAP
NOT TO SCALE
EXHIBIT · C"
FORCE MAIN LINE 'C' PHASE
(Change Order No. 1)
CITY OF CORPUS CHRISTI, TEXAS
CZ TY COUNCIL EXHZBI T ~
PAGE: I of 1
I~T[: 06/03/2004 ~
16
AGENDA MEMORANDUM
DATE: June 15, 2004
SUBJECT: Water System Interactive Hydraulic Model and Analysis Project
(Project No. 8487)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for
engineering services with LNV Engineering for a total fee not to exceed $361,816 for the
Water System Interactive Hydraulic Model and Analysis Project.
ISSUE:
The amendment is necessary to develop an Extended Pedod Simulation (EPS) Model, and
for Phase One of contingency planning with federal and state agencies. The EPS is
necessary to update the 1995 Water Master Plan. Contingency planning is necessary to
allow the development of pre-negotiated responses with the U. S. Army Corps of Engineers
and other federal and state agencies.
FUNDING: Funding is available from the Water Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Eduardo Garafia, P. E.
Director of Water Services
· Director of Engineering Services
Additional Support Material:
Exhibit ~A" Background Information
Exhibit "B" Contract Summary
Exhibit'C" Location Map
BACKGROUNDINFORMATION
SUBJECT: Water System Interactive Hydraulic Model and Analysis Project
(Project No. 8487)
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Appropriation of the Fiscal Year 2002-03 Capital
Improvement Budget for $299,913,200 (Ordinance No. 025144).
2. November 18. 2003 - Motion authorizing the City Manager, or his designee, to
execute a consultant contract with LNV Engineering, of Corpus Chdsti, Texas for a
total fee not to exceed $507,157 for the Water System Interactive Model and
Analysis Project (M2003-420).
3. February 10, 2004 - Appropriation of the Fiscal Year 2004 Capital Budget and
Capital Improvement Planning Guide in the amount of $173,624,300 (Ordinance
No. 025647).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
March 13, 2002 - Addenclum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
March 15. 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-ol=-town).
March 26, 2002 - Addendum No_ 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
Apdl 11,2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town)_
Apd125, 2003 - Addendum No. 2 to the Letter Of Notification No_ 1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town).
Auqust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42
engineering firms (28 local and 14 out-of-town).
FUTURE COUNCIL ACTION:
1. Approval of an Interactive Hydraulic City-wide Water Model to complete the subject
project.
PROJECT DESCRIPTION: The original contract provided for preliminary phase services
for the Interactive Hydraulic Model. Council was advised that approval a City-wide
Interactive Hydraulic Model would be necessary to complete the project. This was not
included in the odginal contract to allow an assessment of existing data and additional data
needs. This allowed the City and consultant to better understand the scope of the work
required for the project and negotiate a fee based on the defined scope.
This project consists of an updated interactive hydraulic model and analysis, that will be
used to update the 1995 Water Master Plan and include field verification of the City's
distribution system; inventory/analysis of valve system; review of water delivery system;
provide steady state/extended period simulation analysis; all deliverables to be compatible
with the City's GIS and all databases generated shall be compatible with vadous water
system modeling software.
The amendment provides for two major tasks. The amendment provides for the:
· Collection of the additional data required to build the Extended Period Simulation
(EPS) capabilities into the Corpus Chdsti Water Model (CCWM);
· Preparation of contingency plans and negotiation of pre-positioned responses with
Unrted States ArTny Corps of Engineers (USACE) , Resource Agencies and
Contractor; and
· Perform Mock Emergency Drill to vedfy Contingency Plan's effectiveness, and
· Minor tasks such as workshops, training and system improvements.
A contract summary of the tasks and fees is attached. See Exhibit B.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
IEXHIBIT "A" I
Page 2 of 2
CONTRACT SUMMARY
C_ Summar ~ of Fees
BASIC SERVICES per LNV's Agreement wi City of Corpus Christi
1.0 Preliminary Phase $467,157.00
2.0 Design Phase TBD
3.0 Bid Phase TBD
4.0 Construction Phase TBD
SUBTOTAL BASIC SERVICES: $467,157.00
ADDITIONAL SERVICES
1.0 Permit PreparalJon
2.0 ROW Acquisition Survey
3.0 Topographic Survey
4.0 Environmenbal Survey
5.0 Construction Observation Services
6.0 Start-Up Services
7.0 Warranty Phase
8.0 Provide SCADA Documentalion
9.0 Extended Pedod Simulation (EPS) Model
Development
10.0 Long-Term Service Projection - Data $0.00
Collection/D=.,and
Projections
11.0 Modeling Analyses of Distribution System $0.00
Expansion (5
20 Years)
12.0 Long Term Service Development $0.00
13.0 Cost Methodology $0.00
14.0 CIP Development $0.00
15.0 Detailed Evaluation of City-Wide ASR Facilities $0.00
16.0 EPS Training $0.00
17.0 On-Going Modeling Support $25,000.00
18.0 Digitizing Tie Maps $15,000.00
19.0 Infrastructure Condition Assessment $0.00
20.0 Vulnerability Assessment $0.00
21.0 Vulnerability Reduction & Redundancy $0.00
Improvement
22 0 System Operational Protocol $0.OO
23.0 Best Business Practices (BBP) $0.00
24.0 Workshops $0.00
25.0 Project Administration $0.00
26.0 Information Managemenl Services $0.00
27.0 Project Deliverables $0.00
28.0 Phase I - Contingency Planning $0.00
29.0 Phase II - Response [o Failure $0.00
30.0 Phase III - Restoration $0.00
SUBTOTAL ADDITIONAL SERVICES: $40,000.00
TOTAL AUTHORIZED FEE: $507,157.00
$0.00 $467,157.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $467,157,00
TBD TBD $0.00
TBD TBD $0.00
TBD TBD $0.00
TBD TBD $0.00
TBD TBD $0.00
TBD TBD $0.00
TBD TBD $0.00
TBD TBD $0.00
TBD $107,067.00 $107,067.00
TBD $0.00
TBD $0.00
TBD $0.00
$32,158.00 $32,158.00
TBD $0.00
TBD $0.00
TBD $0.00
TBD $25,000.00
TBD $15,000.00
TBD $0.00
TBD $0.00
TBD $0.00
$32,158.00 $32,158.00
TBD $0.00
$20,154.00 $20,154.00
$33,383.00 $33,383.00
TBD $0.00
$40,627.00 $40,627.00
$128,427.00 $128,427.00
TBD $0.00
TBD $0.00
$361,816.00 $401,816.00
$361,816.00 $868,973.00
Exhibit B
Page 1 of 5
H:~IOME~.E-VINS~GEN~WATE R~54871n/eractiveModer~Awd S u mArnd 1 ExhB do~
Exhibit A -1 - Task 9 Extended Pedod Simulation (EPS) Model Development is
amended to read:
9 EXTENDED PERIOD SIMULATION (EPS) MODEL DEVELOPMENT
The objective of this task is to collect the additional data required to build the
Extended Pedod Simulation (EPS) capabilities into the Corpus Christi Water
Model (CCWM).
9.1 Obtain and evaluate system operational data; including information regarding
general system operation cdteda for min/max tank levels, ground storage
filling strategies, list of system scada points (including pressure sensors, flow
meters, reservoir levels, and control valve position data), and target pressures
at pressure sensors.
9.2 Demand analysis for EPS model development. Obtain from the City SCADA
data or field data for up to a two-week period and perform a mass balance
analysis (i.e. inflow versus outflow) for each service area to identify
representative diurnal patterns.
9.3
Develop and conduct field data collection program to aid in model
development and verification. The location and types of data required to
supplement SCADA data currently collected will be identified and protocol for
data collection established.
9.4 Develop Base EPS Modeling Scenarios. Up to two "base" EPS modeling
scenarios will be developed for use in the model verification analyses and to
perform initial EPS hydraulic analyses.
9.5 Model verification. Based on SCADA and field data, perform model
verification analyses for each service area to validate model performance, in
accordance with the model development plan. If the model cannot be
validated to an acceptable level, recommendations for additional verification
analyses will be documented in an Engineering Memorandum_
9.6 Update Model User's Manual/Documentation Report. The Engineer will
update the Model User's Manual/Documentation Report to include user
instructions and documentation for the EPS capabilities of the Corpus Christi
Water Model.
Exhibit A-1 Task 22 System Operational Protocol is amended to read:
22 System Operational Protocol
22.1 Service Operational Protocol. Identify and recommend non-structural
operational techniques that will result in improved system performance. See
Task 22.3 for improvements to SCADA system.
22.2 Improve System Efficiency. Apply EPS modeling to evaluate system pumping
operation in conjunction with sys.tem storage utilization to reduce energy
expenditures.
Exhibit B
Page 2 of 5
H:~'IOME~KEVINS\GE N\WATER',J~4871nterac~veModelV~wdS u mAmd 1Exh B doc
22.3 System Monitoring and SCADA Improvements. To improve the operators'
ability to monitor and control the ~ystem, recommend SCADA additions,
remote control, and facility automation.
22.4 Age of Water_ Utilize EPS modeling to determine age of water within the
system. No other quality evaluations are included in this scope of work.
Exhibit A-1 Task 24 Workshops is amended to read:
24. Workshops
24.1 Workshop #1 - EPS Modeling & System Operational Protocol.
one day workshop to present the findings of Tasks 9.0 and 22.0.
Conduct a
24.2 Workshop #2 - Vulnerability Pdodtization and Remedial Actions. - TBD
24.3 Workshop #3 - Long Term Distribution System Expansion. - TBD
24.4 Workshop #4 - Final Study Workshop and Best Business Practices. - TBD
Exhibit A-1 Task 25 Project Administration is amended to read:
25 PROJECT ADMINISTRATION
25.1
25.2
Project Meetings
Engineer intends to organize and attend Project Meetings with the City
from time to time as a means of conveying project information, soliciting
Input and co~.ments from the City, and reporting on proJe¢, status and
budget_ We plan to conduct a Project Kickoff meeting which will define the
project schedule, coordination issues, data needs, staffing plan, and
project milestones.
Data Collection Interviews
As part of our data collection activities, The Engineer intends to interview
key City staff to compliment our understanding of system operations and
specific problems that our project needs to address.
Exhibit A-1 Task 27 Project Deliverables is amended to read:
27 PROJECT DELIVERABLES
It is envisioned that Engineering Memoranda will be prepared to document
the results Tasks 9.0 and 22.0. These documents will serve as a
mechanism to convey informi~tion and study results, solicit comments from
the City staff, and to gain consensus with the conclusions and
recommendations. The Engineer will prepare 10 copies of each
Engineering Memorandum as well ad one (1) pdf file for distribution to the
City staff for review and comment.
27.1 Draft and Final Reports
The Engineer will prepare an outline of the EPS Model and System
Operational Protocol report for approval by the City pdor to publishing the
draft and final report. The report will be based on, and incorporate, the
content of previously approved Engineering Memoranda and draft reports.
The memoranda and report materials will be reorganized and rewritten in
Exhibit B
Page 3 of 5
H:~-IOME'~EVINS\GE N\WATE R'~4871nte ra cfiveMod elV~wd S urn.~T~ll ExhB.doc
a format consistent with the approved outline. The draft and final
documents will contain colOr graphs, charts, and maps explaining the
planning process and conclusions.
Exhibit A-1 Task 28 Phase I - Contingency Planning is amended to read:
28.0 Phase I - Contingency Planning
Objective: Prepare Contingency Plan and negotiate pre-positioned responses
with United States Army Corps of Engineers (USACE) and Resource Agencies.
28.1: Prepare project description for use with agencies and identify
planning/negotiating parameters.
28.2: Conduct preliminary meetings with USACE and resource agencies to
explain the project and to solicit their input on regulatory issues.
28.3: Using aerial photographs with limited ground truthing characterize habitat
along pipeline route and likely access points (suggest 5-6 segments); all
information, including existing pipeline, will be GIS referenced.
28.4: In close coordination with Team (LNV, SMA, & Orion) and City, identify the
most likely repair actions and their possible effects.
28_5: For each type of repair action, briefly identify and assess the range of
likely impacts on each segment of the crossing.
28.6: Prepare draft Contingency Plan that describes likely impacts and
appropriate environmental aspects of response, such as potentially
applicable best management practices, reporting protocols, etc.
28.7: Obtain agency concurrence on Best Management Practices (BMP's)
dudng construction and restoration plan,.if sea grasses were present. (No
mitigation required if restoration is successful)
28.8: Survey approximately 3 miles of the 24 inch pipeline crossing the Laguna
Madre. The survey will include:
· Probe and survey pipeline at 500 feet intervals to a depth of 8* feet.
· At each interval, the pipeline will be uncovered and cathodic
protection readings shall be taken where pipeline has 3' of cover or
less.
· Wall thickness readings will be taken using ultrasonic testing
equipment at the 12, 4, and 8 o'clock positions on the pipe.
· The survey will be a combination of electronic soundings coupled
with physical probes by divers to verify soundings. The impressed
current from the cathodic protection system must remain on during
the survey to record proper readings.
· A detailed report of the survey findings with drawings will be
included in Contingency Plan.
28.9: Prepare a Draft and Final Contingency Plan and periodically review and
update/meet with the City as appropriate.
Deliverable: A Contingency Plan with the following provisions: (a)
description of existing conditions; (b) plan to respond to various types of
pipeline failures and type of repair action; (c) pre-agreed upon response
measures by agencies; and (d) schematic drawing with status of
topographic survey, baseline, and depths indicating location of existing
24". See Task 28.10 below.
28.10 Mock Emergency
Exhibit B
Page 4 o[ 5
H:~HOM E~KEVINS~ENSWATER~t871nteractive ModelV~wd S urnAmd IExhB doc
To critique the Draft Contingency Plan a mock emergency covering one
day will be performed. Once,completed. a critique of the plan will be
performed immediately following the Mock Emergency_ The results of the
critique session will be incorporated into the Final Contingency Plan.
Exhibit B
Page 5 of 5
H:~IOME~KEV1NS\GEN~WATER~t871n £era ctiveMedelVkwd S u rnArnd 1 ExhB.doc
\Mproject\councilexhibits\exhS~iS?.dwq
N
NUECES BAY
CORPUS CHRIS~ BAY
LAGUNA
MADRE
NOTE: CITY WIDE PROGRAM
GULF OF
MEXICO
LOCATION MAP
NOT TO SCALE
PROJECT No. 8487
EXHIBIT "C"
WATER SYSTEM INTERACT.IVE MODEL
HYDRAULIC ANALYSIS PROJECT
cFrY OF CORPUS CHRIST~, T£X.4S
AND
CITY COUNCIL EXHIBIT
~-P~Nr OF eVC~N~m~NC ~
PAGE: I Of 1
DATiZ- 1 I/11/2003
17
AGENDA MEMORANDUM
June 8, 2004
SUBJECT: Multi-Purpose Arena - (Project No. 4236)
AGENDA ITEM:
Motion to authorize the City Manager, or his designee, to execute Change Order No. 10 for
the Multi-Purpose Arena in the amount of $93,457.00 with Fulton Coastcon, Joint Venture
of Corpus Chdsfl, Texas, for vadous architectural, electrical, mechanical and structural
modifications.
FUNDING: Funding is available from the Arena and Conven[ion Center CIP Funds.
RECOMMENDATION: Approval of the motion as presented.
AJe~. ~Escobar, P. E.
Director of Engineering Services
ADDITIONAL INFORMATION
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Background Information
Prior Actions
Change Order Summary
Project Budget
Location Map
H:~IOME~(EV] N S\GEN',An~na\CO10Merno.doc
ADDITIONAL INFORMATION
SUBJECT: Multi-Purpose Arena - (Project No. 4236)
BACKGROUND: This complex project has resulted in a number of Council and
administrative actions. A summary of the more significant actions is attached. See Exhibit
B.
CHANGE ORDER No. 10: Change Order No. 10 provides for a vadety of modifications.
The modifications include architectural, electhcal, mechanical, plumbing and structural
items. The vast majority of the changes have a value less than $20,000.
The largest value item (PCO/CR No. 93) is the provision of additional extedor curtain
(window) wall structural support in the amount of $46,554_ The specifications required the
contractor to supply anchorages which is normally deemed to be a maximum of two to
three feet of structural attachments_ In the case of the mezzanine, suite and event levels,
there were gaps of eight to twelve feet between the top of the curtain wall and structural
steel. This was deemed to be beyond the anchorage requirement in the specifications.
The other modifications in value order were:
PCO/CR 101 - Revision of the Club Entry corridor by relocation of doors to control access,
installation of ceiling in corddor (only area in suite area without a ceiling), and modification
of corridor wall to ensure 6'-8" raker clearance - $18,427.
PCO/CR 110 - Addition of tapered roof insulation to ensure proper drainage of high roof -
$16,589.
PCO/CR 117 - Provide two hour rated fire walls around boiler room at the event level -
$13,986.
PCO/CR 116 - Provide manual transfer switch and dual electric feed to ice rink chiller -
$13,588.
PCO/CR 94 - Modify drywall enclosures in Suites to be compatible with overhead grille
tracts, dress columns and raker firms, and install accordion door between Suites 406 and
407 - $6,719.
PCO/CR 108 - Change from 12" x 12" ceramic floor tile in restrooms to 2" x 2" and change
corddor floor tile colors match - $6,445.
PCO/CR 85 - Provide structural support for extedor building marquee - $5,6dd.
H:~HOME-~KEVINS\G EN~,Arena\CO 10BkgExhA.doc
EXHIBIT "A"
Page 1 of 3
PCO/CR 106 - Provide drywall bulkhead/fur ddwns for enclosure above blackout curtain
tracks at vomitodes to allow curtains to function on the 'Event and 3~u Level $5,220.
PCO/CR 75 - Provide concrete ramp and handrails at sound boot in lieu of ADA accessible
flooring. Accessible flooring did not meet ADA requirements and consumed space needed
for equipment - $5,424.
PCO/CR 95 - Provide structural framing for half walls and glass handrails between seating
at Suite/Club level $5,205.
PCO/CR 96 - Revise millwork for under counter refrigerators and icemakers in Suites to
comply with ADA requirements $4,288.
PCO/CR 92 - Revise concrete steps and walls in corridors to Club seating to permit the
installation of eight additional Suite seats - $3,775.
PCO/CR 89 - Provide additional drain lines for the cooling tower drains - $3,468.
PCO/CR 111 - Increase the height of roll up gdlls in concession to 10-feet above floor to
match change coiling height - $2,852.
PCO/CR 113 - Provide closure between the east curtain wall transition between high roof
to Iow roof at north end - $2,179_
PCO/CR 114 - Provide vertical framing and dens-glass at east curtain wall between the
curtain wall and stone facia - $2,173.
PCO/CR 104 - Revise perforated metal panel partition in upper bowl to keep people from
reaching blackout curtain and allow clear sight lines on adjoining seats - $2,007.
PCO/CR 102 - Provide revisions to women's restroorns and corridor to enlarge
plumbing/pipe chase - $1,761.
PCO/CR 107 - Revise light fixture type and location above east balcony to avoid large cuts
in stone - $1,482.
PCO/CR 112 - Provide safety cages around two ladders to roof level per OSHA
requirements - $1,359.
PCO/CR 115 - Provide masonry walls in lieu of drywall partitions in electrical room to
facilitate installation wall mounted electrical equipment - $728.
PCO/CR 100 - Delete curtain wall window washing anchors - ($20,053).
H:\HOM E~KEVINS\GENV~-ena\CO 10BkgExhA.doc
EXHIBIT "A"
Page 2 of 3
PCO/CR 97 - Provide select fill in lieu of lir~e fly stabilization under sidewalks and steps -
($22,498).
PCO/CR 63 - Revise Stair No. 14 as a non-egress stair to delete stairwell enclosure
except for the CMU at electrical room - ($33,865).
TOTAL $93,457.00
FUTURE COUNCIL ACTIONS;
SMG is developing several furnishings, fixture and equipment packages that are not part of
the construction contract. These packages being developed by SMG include:
· Scoreboard;
· Signage; and
· Other FFE items_
FUNDING: The change order is funded by the Arena CIP Funds. The project budget is
attached. See Exhibit D.
H:~-IOME-~KEVIN S\GENV~-ena\C O10BkgExhA.doc
EXHIBIT "A"
Page 3 of 3
PRIOR ACTIONS
PRIOR COUNCIL ACTION:
The Arena and Convention Center projects have involved a number of complex actions.
Some of the significant actions by Council include:
June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9%
(Ord_ No. 023684).
February 8, 2000 - Motion awarding project management contract in the amount of
$486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and
Rehabilitation project (M2000-039).
November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of
seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the
Development Corporation Act as approved bythe voters in Propositions 4 and 5 (Ord. No.
024269)_
January 23.2001 - Ordinance appropriating and advancing $900,000 for the Arena project
(Ord. No. 024346).
January 30.2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2%
Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center
Capital Improvement Fund (Ord. No. 024348).
January 30, 2001 - Motion awarding an architectural services contract to Thompson,
Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront
Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is
currently authorized with the remaining balance of $3,093,250 being author[zed only upon
appropriation of funds (M2001-034)
February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated
by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility.
February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated
$900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund;
advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund.
February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company
in the amount of $281,000 for construction managemf~nt services dudng the design phase
of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation
projects (M2001-080).
July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as
set forth (Ord. No. 024528).
Auqust 21,2001 - Council approval of the Corpus ChdstJ Business and Job Development
Board resolution to issue a $5 million note for the land acquisition associated with the
Multipurpose Arena and authorization to issue the notes on (Res. No. 024551 ).
H:~-IOME~(EVIN S~GEN~au-en a~CO 10 Pdor~s E.~ B.doc
EXHIBIT B I
Page I ol~ 4
Auqust 28, 2001 -
· Authorization to submit a grant application for an Economic Development Initiative
Special Project in the amount of $498,900 for land acquisition to expand the Bayfront
Arts and Sciences Park (Res. No. 024563);
· Authorization to execute all documents necessary to accept and implement an
Economic Development Initiative Special Project for land acquisition to expand the
Bayfront Arts and Sciences Park (M2001-339);
· Appropriation of $498,900 subject to approval by the U. S. Housing and Urban
Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic
Development Initiative Special Project for land acquisition to expand the Bayfront Arts
and Sciences Park (Ord. No. 024564);
· Authorization to execute an earnest money contract in the amount of $250,000 for
acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company
for a purchase pdce of $3,319,084 (M2001-340).
September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc.,
for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project
(M2001-346).
October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena
Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No.
024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by
$5,000,000; and declaring an emergency.
November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the architectural services contract with Thompson, Ventulett,
Stainback & Associates, Inc., in an amount.not to exceed $78,300 for wind tunnel studies
of the Corpus Chdsti Bayfront Convention Center and Multipurpose Arena (M2001-424).
September 9. 2002 -
a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un-
appropriated fund balance (HB 1655, Convention Center Expansion/Renovation
proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the
Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an
emergency (Ord. # 025003)
b. Motion authorizing the City Manager, or his designee, to execute Amendment No_ 2 in
an amount not to exceed $736,465 to the architectural services contract with
Thompson, Ventulett, Stainback & Associates, Inc., for additional design and
construction phase services for the Corpus Christi Bayfront Convention Center and
Multipurpose Arena (M2002-292)
November 5, 2002 - Motion approving the recommended ranking of contractors for the
Multi-Purpose Arena and authorizing the City Manager or his designee, to enter
negotiations in accordance with the Local Govemment Code (M2002-364).
November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse-Beecroft,
Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for
construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002-
399).
December 17, 2002 -
a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the
Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of
IEXHIBIT B I
Page 2 of 4
H:~HONIE-~J(EVIN S\GEI',AA~e natO 10Pd o~Acfion s Exh B.d oc
the Area; and Declaring an Emergency.
b. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed
$34,232,798 for the Multi-Purpose Arena and an amount notto exceed $1,500,000 for
the Convention Center Expansion Mechanical System Improvements. (Total Contract =
$35,732,798) M2002-430.
January 14. 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project
management services (construction phase) for the Convention Center Expansion and
Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013.
January 21,2003 - Motion authorizing the City Manager, or his designee, to execute an
engineering materials inspection and laboratory services agreement with Fugm South, Inc.
in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003-
032).
May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change
Order No. 1 for the Multi-Purpose Arena in the amount of $572,309 with Fulton-Coastcon,
Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other
systems (M2003-173).
July 8, 2003 -
· Ordinance appropriating $30,485 in unappropriated interest earnings from the
Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch
water line and two fire hydrants for the multiple purpose arena; amending the
Capital Budget adopted by Ordinance~No. 025144 to increase appropriations by
$30,485.
· Motion to authorize the City Manager, or his designee, to execute a Change Order
No_ 2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton
Coastcon, Joint Venture of Corpus Chdsti, Texas, for architectural revisions
including masonry, plumbing, water main, fire hydrants, electrical, mechanical,
structural steel, telecommunication, fire standpipes, fire protection, and solid plastic
toilet partitions.
July 22, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change
Order No. 3 for the Multi-Purpose Arena in the amount of $595,000.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for suite build-out (M2003-260).
November 18, 2003 - Motion to authorize the City Manager, or his designee, to execute a
Change Order No. 5 for the Multi-Purpose Arena in the amount of $363,609.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for the ice rink chiller unit (M2003--414).
December 16, 2003 - Motion to authorize the City Manager, or his designee, to execute a
Change Order No. 6 for the Multi-Purpose Arena in the amount of $132,190.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Tex~s, for yarious mechanical modifications
(M2003-456).
February 24, 2004 - Motion to authorize the City Manager, or his designee, to execute a
Change Order No. 7 for the Mu t-Purpose Arena,in tb.e amount of $81,589.00 with Fulton
Coastcon, Joint Venture of Corpus Chdsti, Texas, for vadous architectural, electrical, and
mechanical modifications (M2004-064).
March 30, 2004 - Motion to authorize the City Manager, or his designee, to execute
Change Order No. 8 for the Multi-Purpose Arena in the amount of $362,039_00 with Fulton
Coastcon, Joint Venture of Corpus Chdsti, Texas, for vadous architectural, electrical, and
mechanical modifications (M2004-122).
IEXHIBIT B I
Page 3 of 4
H:'~IOM E~z~Vl N S\G E NVMen a'~ O 10PfiorAcUo~sExhB .doc
April 27, 2004 - Motion to authorize the City Manager, or his designee, to execute Change
Order No. 9 for the Multi-Purpose Arena in the amount of $865,793.00 with Fulton
Coast(on, Joint Venture of Corpus Chdsti, Texas, for Phase 3 Street and Parking Lot
Modifications (M2004-171).
PRIOR ADMINISTRATIVE ACTIONS:
July 31. 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building
Company for architectural selection assistance for the multi-purpose arena.
November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and
Associates for the development of the Convention Center Expansion and Multipurpose
Arena Traffic Control Plan.
November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for
survey services associated with partial closure of Shoreline Boulevard.
November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence &
Associates for the Multi-Purpose Arena Pile Load Test.
October 31, 2003 - Award of Change Order No. 4 for the Multipurpose Arena in the
amount $21,459 to Fulton/Coast(on J.V., LLC for recessed light fixtures for aisle lighting at
the upper level vomitodes.
May 17, 2004 - Award of Laboratory and Materials Testing Contract in the amount of
$12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot
Modifications.
FUTURE COUNCIL ACTIONS;
Additional change orders may be necessary as construction progresses.
Council will be requested to award separate contracts for the Arena Seating Package and
Food Concession Equipment. SMG is developing several fumishings, fixture and
equipment packages that are not part of the construction contract. These include:
· Scoreboard;
· Signage; and
· Other FFE items.
H:~'IOiVIE~EVIN S\GENV~ena\CO 10PdorAc~ o~s ExhB.doc
EXHIBIT B I
Page 4 o!.~_ .I
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
JUNE 8, 2004
PROJECT: MULTI-PURPOSE ARENA
Project No. 4236
APPROVED: COUNCIL MOTION No. 2002-430
APPROVED 12/17/02
CONTRACTOR:
Fulton/Coastcon J.V., LLC
P. O. Box 9486
Corpus Chdsti, TX 78469
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount .........................................
35,732,798.00
8,933,199.50
Change Order No.
Change Order No.
Change Order No.
Change Order No.
Change Order No,
Change Order No.
Change Order No.
Change Order No.
Change Order No_
I 05/13/03) ....................
2 07/08/03) .....................
3 ~ 07/22/03) .....................
4 ~ 10/31/03) .....................
5 ~ 11/18/03) ............... . .....
6 ~ 12/16/03) .....................
7 ~ 02/24/04) ....................
8 ~ 03/30/04) ....................
9 ~ 04/27/04) ....................
Change Order No. 10 (06/08/04) .................
Total ...............................................................
572,309.00
121,118.00
595,000.00
21,459_00
363,609.00
132,190.00
81,589.00
362,039.00
865,793.00
93,457_00
3,208,563.00
= 8.98% < 25%
Exhibit C
Page 1 o[ 5
CHANGE ORDER No. 10
Department of Engineering Services
City of Corpus Chdsti, Texas
CHANGE ORDER NO: 10
FUNDING SOURCE: 550910-3275-00000-120810
Operating Department: Department of Enaineedna Services
Name of Project: Bavfront Multi-Purpose Arena #4236
Contractor. Fulton Construction/Coastcen Corp.
DATE: May 12, 2004
CONTRACT TIME: 640 C.D.
CHANGE AS FOLLOWS:
Provide each of the following revisions as identified on the attached Pages 2 of 4 through 4 of 4 in accordance with
the requirements outlined in the Conlract Documents.
Total Add - Lump Sum: $93,457.00
Why was this change necessary?. (If left oft the plans and speciflcalJons, explain why)
The maiodty of the attached proposed revisions include work as required to modify or complete the current set o[
Desiqn Documents.
How can similar changes be avoided in the future? Many of these items could have been included in the odqinal
scope of work if additional information would have been available at the time the contract amount was aqreed upon.
A. CONTRACT PRICE ............................................ $
B. TOTAL CHANGE ORDERS 0nc- current) ...........
C. NEW CONTRACT PRICE .................................... $
D. THIS CHANGE ORDER ....................................... $
E. PERCENT TOTAL CHANGE (B/A) .......................
F. PREVIOUS ADDN'L TIME AUTHORIZED ............
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER
H. TOTAL ADDITIONAL TIME .................................
35,732,798.00
3,208,563.00
38,941,361.00
93,457.00
8.98 %
0 CD
0 CD
0 CD
Project Engineer
CITY OF CORPUS CHRISTI, TEXAS
CONTRACTOR
By:
CityEngineer
By:
Title:
APPROVED:
Operating Dept.
Director of Management & Budget
Legal Department
Page 1 of 4
Exhibit C
Page 2 of 5
CHANGE ORDER No. 10- ARENA
Department of Engineering Services
City of Corpus Chdsti, Texas
a.)
PCOICR No. 63 - The revised requirements for Stair No. 14 in the Southwest comer o[ the new
facility. The cost associated with this work was included as part of Change Order No. 8 and the
scope of this change has been revised and this work will not be performed in accordance with the
response to the Request for Information No. 108-R2 dated October 9, 2003. Refer to the Fulton
Request for Change Order No. 49R1 dated March 4, 2004.
Deduct = ($33,865.00)
b.)
PCOICR No. 85- Provide the structural support system for the exterior building marquee along the
south side of the Arena_ All additional work shall be performed in accordance with Proposal
Request # 39 issued by'rVS/ARQJGignac dated January 19, 2004. Fulton/Coastcon Construction
Request for Change Order No. 90-R1 dated March 25, 2004.
Add = $5,644.OO
c.)
PCO/CR No. 89 - Provide additional drain lines for the Cooling Tower drains. All additional work
shall be performed in accordance with Proposal Request # 41 issued by 'rvs/ARQ/Gignac dated
February 6, 2004. Fulton/Coastcon Request for Change Order No. 108 dated April 29, 2004.
Add = $3,468.00
d.) PCOiCR No. 92 - previde all additional work associated with revising the concrete steps and walls
in Corridors 2-315 and 2-410 allowing additional seats to be added in ~vo of the Suites. All
addiUonal work shall be performed in accordance with the Proposal Request No. 42 issued by
TVS/ARQ/Gignac dated March 4, 2004. Fulton/Coastcon Request for Change Order No. 105 dated
April 2_2., 2004.
Add = $3,775.00
d.)
PCOICR No. 93 - Provide all additional extedor window wall support framing at the south and west
elevations. All additional work shall be performed in accordance with the Drawings G1 through G9
prepared by Jimmy Laurence dated March 2, 2004. Fulton Request for Change Order No. 98 dated
Apdl 20, 2004.
Add = $46,554.00
e.)
PCOICR No. 94 - Provide the additional work associated with the drywall enclosures around the
columns and the overhead gdlle tracks in the Suites. Also provide an accordion door between
Suites 2-406 and 2-407. All additional work shall be performed in accordance with the Proposal
Request No. 43 issued by TVS/ARQ/Gignac dated March 15, 2004. Fulton Request for Change
Order No. 102 dated Apdl 21,2004.
Add = $6,719.00
f.)
PCO/CR No. 95 - Provide structural ~raming for the R14 rail walls at each of the Club Suites. All
additional work shall be performed in accordance with the response by TVS/ARQ/Gignac to the
Request for Information No. 252 dated March 12, 2004. Fulton/Coastcon Request for Change
Order No. 91 dated March 16, 2004.
Add = $5,205.00
g.) PCOICR No. 96 - Provide revisions to the Suite Millwork and the under counter refrigerators and
icemakers. All additional work shall be performed in accordance with the Proposal Request No. 44
issued by TVS/ARQ/Gignac dated March 18, 2004. Fulton Request for Change Order No. 95 dated
March 26, 2004.
Add = $4,288.00
Page 2 of 4
Exhibit C
Page 3 o[ 5
CHANGE ORDER No. 10-ARENA
Department of Engineering Services
City of Corpus ChdstJ, Texas
i.)
j.)
k.)
h.)
m.)
n.)
o.)
PCO/CR No. 97 - Provide select fill matedal in lieu of[he lime/fly ash stabilization under all
sidewalks and steps. This revision shall be performed in accordance with [he Request for Change
Order No. 92 issued by Fulton/Coast(on dated March 19, 2004 using a matedal with a Iow PI of
between 10 and 12.
Deduct = ($22,498.00)
PCO/CR No. 100 - Delete the Pro-Bel Enterprise horizontal lifeline system for the Arena. This
system was originally intended to assist in the window washing operation for the east elevation.
This work shall be deleted in accordance with the Fulton/Coastcon Request for Change Order #96
dated March 30, 2004.
Deduct-- ($20,053.00)
PCO/CR No. 101 - Revise the layout of the Club Entry Conddor at the Me77Rnine Level. /MI
additional work shall be performed in accordance with the Proposal Request No. 47 issued by
TVS/ARO/Gignac dated March 27, 2004. Fulton/Coastcen Request for Change Order No. 112
dated Apdl 30, 2004.
Add = $18,427.00
PCOICR No. 102 - Provide revisions to the Women's Restroom 3-408 and Corridor 3-413 to
enlarge the plumbing/pipe chase. All additional work shall be performed in accordance with the
Proposal Request No. 48 issued by TVS/ARQ/Gignac dated March 29, 2004. Fulton Request for
Change Order No. 111 dated May 1, 2004.
Add = $1,761.00
PCO/CR No. 104 - Provide revisions to the perforated metal panel partition and delete the Type R3
Railing in Area 3 of the Upper Bowl. Ail additional work shall be performed in accordance with [he
Proposal Request No. 50 issued by TVS/ARQ/Gignac dated March 28, 2004. Fulton Request for
Change Order No. 116 dated May 4, 2004.
Add = $2,007.00
PCO/CR No. 106 - Provide drywall bulkheads/fur-downs ror the enclosure above black out curtain
lu'acks at the Vomitory's. Ail additional work shall be performed in accordance win [he Proposal
Request No. 52 issued by TVS/ARQ/Gignac dated March 29, 2004 Fulton/Coastcon Request for
Change Order No. 103 dated April 21, 2004.
Add = $5,220.00
PCO/CR No. 107 - Revise [he light fixture type and location above the East Balcony. All additional
work shall be performed in accordance with the Proposal Request No. 53 issued by 'rVS/ARQJ
Gignac dated March 30, 2004. Fulton Request for Change Order No. 114 dated May 3, 2004.
Add = $1,482.00
PCO/CR No. 108 - Revise the type of ceramic tile floor cevedng, base matedal and ceramic wall
finishes throughout the facility. All additional work shall be per[ormed in accordance with the
Proposal Request No. 54 issued by 'I'VS/ARQ/Gignac dated March 31,2004. Fulton Request for
Change Order No. 99 dated April 20, 2004.
Add = $6,445.00
Page 3 of 4
Exhibit C
Page 4 of 5
p.)
q.)
r.)
s.)
t.)
CHANGE ORDER No. 10- ARENA
Department of Engineering Services
City of Corpus Chdsti, Texas
PCO/CR No. 110 - Delete the roof drains and curb condition and revise [he tapered insulation for
proper drainage at the high roof area. All additional work shall be performed in accordance with the
Proposal Request No. 45 issued by TVS/ARCEGignac dated March 31, 2004. Fulton/Coastcon
Request for Change Order No. 104 dated Apdl 22, 2004.
Add = $16,589.00
PCO/CR No. 111 - Increase the height of the roll-up coiling gdlles at the Concession Areas. All
additional work shall be performed in accordance with [he memo from A£quitectonica dated
December 1, 2003. Fulton Request for Change Order No. 101 dated Apdl 20, 2004.
Add = $2,852.00
PCOICR No. 112 - Provide safety cages around two o[ the ladders going to the roof level. All
additional work shall be performed in accordance with the Fulton/Coastcon Request for Change
Order No. 100 dated Apdl 20, 2004.
Add = $1,359.00
PCOICR No. 113 - Provide revisions to the east curtain wall system as required to close in [he
north end at the high roof. All additional work shall be performed in accordance with the response
to the Request for Information No. 255 dated Apd126, 2004. Fulton/Coastcon Request for Change
Order No. 106-R1 dated May 12, 2004.
Add= $2,179.00
PCOICR No. 114 - Provide vertical framing and dens-glass at [he east Cudainwall System at the
north return. All additional work shall be performed in accordance with the response to the
Request for Information No. 213 dated January 26, 2004. Fulton/Coastcon Request for Change
Order No. 107 dated April 24, 2004.
Add = $2,173.00
u.) PCO/CR No. 115 - Provide masonry walls in lieu of drywall partitions at the Electrical Room 3-409.
Ail additional work shall be performed in accordance with the response to the Request for
Information No. 108-R3 dated March 31, 2004. Fulton Request for Change Order No. 110 dated
April 29, 2004.
Add = $728.00
v.)
w.)
x.)
PCO/CR No. 116 - Provide manual transfer switch and duel electdc feed to select pieces of
equipment. All additional work shall be performed in accordance with the response to the Request
for Information No. 233 dated February 23, 2004. Fulton/Coastcon Request for Change Order No.
115 dated May 3, 2004.
Add =$13,588.00
PCO/CR No. 117 - Provide two hour rated walls around the Boiler Room at t~e Event Level. All
additional work shall be performed in accordance with the response to the Request for Information
No. 159 dated September 29, 2003. Fulton/Coastcon Request for Change Order No. 118 dated
May 10, 2004.
Add = $13,986.00
PCOICR No. 75 - Provide a concrete ramp and handrails at the Sound Booth in lieu of the access-
flooring ramp. Ail additional work shall be performed in accordance with the Proposal Request No.
35 issued by TVS/ARQ/Gignac dated December 19, 2003, Fulton/Coastcon Request for Change
Order No. 120 dated May 12, 2004.
Add= $5,424.00
Page 4 of 4
Exhibit C I
Page 5 of 5
MULTI-PURPOSE ARENA
PRELIMINARY BUDGET
April 27, 2004
Arena Proceeds:
Federal Grant
Prior Year Tax Revenue
Bond Proceeds
UUlity Proceeds
498,900.00
1,399,146.33
49,575,939.00
30,485.00
51,473,985.33
ConvenUon Center Proceeds
Bond Proceeds (Approdated Nov 26, 2002)
Available Funds
1,500,000.00
52,973,995.33
Expenditures
Land Acquisition
Subtotal
ConslTucfion
Conl~ngency (2.96%)
Change Order No. I (Structural V.E )
Change Order No. 2 (Mechanical)
Change Order No. 3 (Suites)
Change Order No. 4 (vomltor~ light fixtures
Change Order No. 5 (Ice Rink Chiller)
Change Order No. 6 (Mechanical structural)
Change Order No. 7 (A/ch., elec., & mech.)
Change Order No. 8 (Arch., elec., & mech.)
Change Order No. 9 (Roadway)
Change Order No. 10 (A/ch., elec, mech, s~uc.)
ConvenUon Center Share ol~ Mechanical Plant
NE
NE Amendment l& 2 (split bowl, road, etc )
NE Amd. 3 (tool' inspection & rendenngs)
A/E Roadway
NE Roadway Amend. No. I (Landscape A/ch.)
Survey
Pier Tesl (Laurence & AssocJLarge & Sons)
Southwestern Bell
Legal Fees (Locke, Liddell & Sapp)
Facility Manager (SMG)
Engineering Reimb.
Adminlslrative Charges
Geotechnical
Planning - Cib/Services
Project Management
PM Censlructlon Phase
Ad
Materials lesfing/laborator¥
Materials testing/laboratory C.O. 9 Roadway
Misc. (Printing, Postage, etc.)
Subtob31
3,328.828.39
3,328,828.39
34,232,798.00
509,346.00
572,309.00
121,118.00
595,000.00
21,459.00
363,609.00
132,190.00
81,889 00
362,039.00
432,896.50
96,457.00
1,500,000.00
2,786,350.00
461,199.00
13,850.00
21,000.00
2,695.00
4,080.00
35,080.00
5,325.47
20,000.00
125,000.00
124,000.00
60,600.00
27,880.00
21,515.00
288,500.00
1,300,000.00
185,000.00
257,880.00
6,485.00
130,000.00
44,897,249.97
Other Contracts
Seating
Food Concession Equlprr~nt
Signage and Wayfinding
1,230,504.75
407,123.00
144,455.00
1,637,627.75
Fu rnls hing/Flxtu res/Equipment
FFE
2,900,000.00
2,900,000.00
52,763,706.11
Subtotal Exhibit D
Total Page 1 ot 1
~le : \Mproject\councilexhibits\exh4256.dwg
SHIP CHANNEL
HA~ BOE BR1DC£
N
SUBJECT PROPERTY
CITY PRO~ECT No. 4236 Vr_CINr_ TY MAP
NOT TO SC, N..E
MUL TI-PURPOSE ARENA
(Change Order No 9)
CITY OF CORPUS CHRISTI, TF-~
CORPUS CHRIST]
BAY
EXHIBIT "E"
C~TTY COUNC.TL EXHT_Br.T
~_PAR~,~ENT OF ENCqNE~T~NG SERVICES
PAGE: I ol= 1
DAT~: 04--30--2004
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2004
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order
No. 9 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center
Expansion and Rehabilitation in the amount of $281,478 for vadous architectural,
electrical, mechanical, structural and other modifications. (Project No. 4198)
ISSUE: The change order is necessary to address some 19 modifications.
FUNDING:
Funds will be available from the Convention Center 2002 CIP Fund.
RECOMMENDATION:
Approval of the ordinance and motion as presented.
scobar, P_E.
r- Engineering Services
Attac~hments:
Exhibit A: Background
Exhibit B: Change Order
Exhibit C: Budget
Exhibit D: Location Map
Date
H :'~O~M E~K EVI NS ~GE N~C O NVCTR~.EXPAN S I O\CO 9~M em o, doc
BACKGROUND INFORMATION
ADDITIONAL INFORMATION:
This change order addresses nineteen (19) issues that have emerged dudng construction.
The item with the highest value (PCO/CR 55) revised the Plaza window curtain wall
structural steel. The revision shifted the curtain wall to align with a structural joist, clad
columns, and modified the pavers to maintain correct floor elevations. The cost of
PCO/CR 55 was $42.483.00
Other items in order of descending value were:
PCO/CR 108 - Additional work for architectural revisions with extedor exit
stair E-1 to address wind bracing, lighting, soft'its and minor framing -
$38,978.00.
PCO/CR 120 - Provide temporary chilled water supply and return piping to
connect existing system in the Convention Center pending completion of the
Arena chiller which avoids charges associated with temporary chiller rental
and avoids running the new chiller at a 20% load - $22,334.00.
PCO/CR 110 - Revise the layout of the women's restroom in the Selena
Auditorium to provide 12 toilet fixtures in lieu of 8 fixtures and five sinks in
lieu of three sinks - $19,929.00.
PCO/CR 129 - Provide additional work to reinstall speakers in the new
acoustical ceiling in the Exhibit Hall -$18,895.00.
PCO/CR 131 - Provide additional intedor limestone at the upper level
concourse around window at top of the grand entry stairway - $17,602.00.
PCO/CR 135- Provide a structural steel platform for refrigeration system
compressors at stair E-1 - $17,080.00.
PCO/CR 52 - Provide double metal deck and insulation at RTU's in lieu of
concrete pad to minimize sound from RTU's - $16,426.00.
PCO/CR 124 - Install metal wall panels at cooling towers in lieu of portland
cement plaster to improve appearance and facilitate cleaning - $16,745.00.
PCO/CR 132 - Revise the layout in women's restroom in Selena Auditorium
to address limited chase size - $15,869.00.
PCO/CR 101 - Provide additional steel tube steel at Entry Pavilion to support
curtain wall system - $15,205.00.
PCO/CR 128 - Provide additional structural steel beams at the Rooftop Air
Handling Units in lieu of the specified roof joists and steel frames -
$11,442.00
PCO/CR 137 - Provide transfer ducts above the Ballroom ceilings to allow
air return between rooms when partitions are closed - $8,203.00.
PCO/CR 123 - Provide additional fire alarm devices in Ballrooms "B" and "C"
- $6,670.00.
PCO/CR 116 - Relocate storm and overflow drain lines at the ballroom to
jEXHIBITA I
Page I of 6
allow three roof drains and one overflow line in pre-function area to connect
to the storm/overflow riser - $5,535.00.
PCO/CR 109 - Provide additional stiffeners to pipe frames and channel
frames at Main Lobby area - $4,733.00.
POO/CR 130 - Provide 2-inch sound conduit feeder in lieu of the 1 1/4 -inch
conduit - $3,349.00.
TOTAL $281,478.00
The change order also includes two "no cost" items that are listed as part of the change
order summary. See Exhibit B.
The project has had very few change orders. There have been eight pdor change orders.
Four of the change orders were initiated by the City for additional work that was not part of
the original scope. Change Order No. 3 ($126,892) addressed water damage to elevators,
doors, etc. Change Order No. 4 ($142,059) addressed structural repairs to the air handling
unit screen walls. Change Order No. 7 ($607,599) provided a new air handling unit.
Change Order No. 8 with a cost of $655,411 included a new roof for the Selena Auditorium
with a value of $529,079.
PRIOR COUNCIL ACTION:
The Arena and Convention Center projects have involved a number of complex actions.
Some of the significant actions by Council include:
June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9%
(Ord. No. 023684). : . .
February 8, 2000 - Motion awarding project management contract in the amount of
$486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and
Rehabilitation project (M2000-039).
November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of
seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the
Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No.
024269).
January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project
(Ord. No_ 024346).
January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2%
Hotel Occupancy Tax and transferring $583,600 to the No_ 3180 Convention Center
Capital Improvement Fund (Ord. No. 024348).
January 30, 2001 - Motion awarding an architectural services contract to Thompson,
Ventulett, Stainback and Associates, Inc.. For the multi-purpose arena and Bayfront
Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is
currently authorized with the remaining bal~ncE~ of $3,093,250 being authorized only upon
appropriation of funds (M2001-034)
February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated
by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility.
i"E×H,.,T';--I
Page 2 of 6 I
H:V-IO~E~:EVlNS\GE N~CONVCTR'~EXPANSIO\COgbkoEzhA.dOc
February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated
$900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund;
advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund.
February 20, 2001 - Motion authorizing Amendment No_ 2 with Gilbane Building Company
in the amount of $281,000 for construction management services dudng the design phase
of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation
projects (M2001-080).
July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as
set forth (Ord. No_ 024528).
Auclust 21,2001 - Council approval of the Corpus Chdsti Business and Job Development
Board resolution to issue a $5 million note for the land acquisition associated with the
Multipurpose Arena and authorization to issue the notes on (Res. No. 024551).
Auqust 28, 2001 -
· Authorization to submit a grant application for an Economic Development Initiative
Special Project in the amount of $498,900 for land acquisition to expand the Bayfront
Arts and Sciences Park (Res_ No. 024563);
· Authorization to execute all documents necessary to accept and implement an
Economic Development Initiative Special Project for land acquisition to expand the
Bayfront Arts and Sciences Park (M2001-339);
· Appropriation of $498,900 subject to approval by the U. S. Housing and Urban
Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic
Development Initiative Special Project for land acquisition to expand the Bayfront Arts
and Sciences Park (Ord. No. 024564);
· Authorization to execute an earnest money contract in the amount of $250,000 for
acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company
for a purchase pdce of $3,319,084 (M2001-340).
September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation and study in the~amount of $39,880.00 with Fugro South, Inc.,
for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project
(M2001-346).
October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena
Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No.
024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by
$5,000,000; and declaring an emergency.
November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the architectural services contract with Thompson, Ventulett,
Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies
of the Corpus Christi Bayfront Convention ~Center and Multipurpose Arena (M2001-424).
Auqust 27, 2002 - Motion authorizing the City Manager or his designee, to execute a
contract for Construction Manager at Risk services with Moorhouse - Beecroft, Joint
Venture for the Convention Center Expansion and Renovation Project (M2002-283).
September 9, 2002 -
a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un-
appropriated fund balance (HB 1655 Convention Center Expansion/Renovation
proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the
Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an
H:~-IOME~.EVINS\GEN\CONVCTR~F_~.PANSIO\CO9bkgExhA.doc
EXHIBIT A I
Page 3 of 6
emergency (Ord. # 025003)
b. Motion authorizing the City Manager, or, his designee, to execute Amendment No. 2 in
an amount not to exceed $736,465 to the architectural services contract with
Thompson, Ventulett, Stainback & A. ssociates, Inc., for additional design and
construction phase services for the Corpus Christi Bayfront Convention Center and
Multipurpose Arena (M2002-292)
November 26, 2002 -
a. Ordinance providing for the issuance of City of Corpus Christi, Texas Combination Tax
and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, in
an aggregate principal amount of $31,545,000 and ordaining other matters relating to
the subject (Ord. #025121).
b. Ordinance appropriating $1,626,418 from Reserve for Convention Center Expansion in
the Hotel Occupancy Tax Fund 1030; authorizing the transfer of $1,626,418 to the
Convention Center 2002 CIP Fund; appropriating $34,185,505 in the Convention
Center 2002 CIP Fund; $32,131,337, from the Combination Tax and Municipal Hotel
Occupancy Tax Revenue Certificates of Obligation, Sedes 2002, $1,626,418 from the
Hotel Occupancy Tax Fund 1031, and $427,750 from anticipated interest eamings in
the Convention Center 2002 ClP Fund, to fund the construction and expansion of the
Convention Center (Ord. #025122).
c. Motion authorizing the City Manager, or,his designee, to execute Amendment No_ 1 to
the Construction Manager at Risk contract with Moorhouse - Beecroft, Joint Venture,
LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the
Bayfront Convention Center Expansion / Rehabilitation Project, subject to the
appropriation of funds (M2002-399).
February 18. 2003 - Motion authorizing the Acting City Manager, or his designee, to
execute Amendment No. 2 to the Contract for Construction Manager at Risk services
contract with Moorhouse - Beecroft, Joint Venture, LLC of Corpus Chdsti, Texas reducing
the Guaranteed Maximum Pdce of $25,000,000 to $24,614,045 for construction of the
Bayfront Convention Center Expansion / Rehabilitation Project (M2003-069).
June 17, 2003 - Ordinance Appropriating $107,252.00 from the un-appropriated fund
balance the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs;
Amending Ordinance No. 025394 which Adopted the FY 2003-2004 Operating Budget by
increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No.
025340).
Auqust 19, 2003
a. Appropriating a $107,252.00 Insurance Settlement in the Visitors Facility Fund
No. 4710 for Convention Center Flood Damage Repairs; Amending the FY
2003-2004 Operating Budget Adopted in Ordinance 025394 by increasing
appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025409).
b. Motion authorizing the City Manager, or his designee, to execute Change Order
No. 3 with Moorhouse/Beecroff, Joint Venture, LLC, in the amount of
$126,892.00 for flood damage repairs to existing Convention Center doors,
frames, and elevators (M2003-273).
December 16, 2003 - Motion authorizing the City Manager, or his designee, to
execute Change Order No. 7 with Moorhouse/Beecroff, Joint Venture, LLC, for the
Convention Center Expansion and Rehabilitation in the amount of $872,818 for
mechanical, structural and other modifications (M2003-455).
I EXHIBITAI
Page 4 of 6
H 51-1OME~EV] NS\GE N~:ONVCT~'~EXpAN SlO~CO°JokgExhJLdoc
March 2. 2004 - Motion authorizing the City. Manager, or his designee, to execute Change
Order No. 9 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center
Expansion and Rehabilitation in the amount of $281,478 for various architectural, electrical,
mechanical, structural and other modifications (M2004-071).
PRIOR ADMINISTRATIVE ACTIONS:
July 31, 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building
Company for amhitectural selection assistance for the multi-purpose arena.
November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and
Associates for the development of the Convention Center Expansion and Multipurpose
Arena Traffic Control Plan.
November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for
survey services associated with partial closure of Shoreline Boulevard.
November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence &
Associates for the Multi-Purpose Arena Pile Load Test.
Apdl 17, 2003 - Award of Change Order No. 1 in the amount of $22,738 to
Moorhouse/Beecroft Joint Venture, LLC for miscellaneous architectural, civil and utility
modifications.
Julv 3, 2003 - Award of Change Order No. 2 in the amount of $22,035 to
Moorhouse/Beecroft Joint Venture, LLC for bus turnaround, directional parking marking,
sidewalks, handicapped improvements, subgrade and other modifications.
December 18, 2001 - Award of an engineering services contract to Shiner Moseley and
Associates in the amount of $18,750 for a condition survey and repair recommendations of
the Convention Center Cooling Tower Supports and Equipment Screens_
September 9, 2002 - Award of a contract in.the amount of $1,000 to Mody Boatdght for an
environmental review/survey of the Convention Center Cooling Tower Supports and
Equipment Screens.
May 5, 2003 -Award of contract to PSI in the amount of $5,600 for development asbestos
and lead abatement specifications for the Convention Center Cooling Tower Supports and
Equipment Screens.
May 23, 2003 - Award of a contract in the amount of $2,500 to Anderson and Associates
of Houston, Texas for visual, microscopic, scanning electron microscopic and EDS
elemental analysis o1: matedal samples for the Convention Center Cooling Tower Supports
and Equipment Screens.
July 10, 2003 - Award of Amendment No. I to PSi in the amount of $16,735 for air
monitoring, asbestos and lead consulting dudng construction and laboratory analysis of
materials for the Convention Center Cooling Tower Supports and Equipment Screens.
October 25, 2003 - Award of Change Order No. 5 to Moorhouse/Beecroft in the amount of
$17,331 for miscellaneous concrete, fireproofing, audiovisual, and MEP work.
December 3, 2003 - Award of Change Order No. 6 to Moorhouse/Beecroft in the amount
of $20,816 for miscellaneous utility, structural and MEP work.
December 12, 2003- Award of Amendment No. 3 for architectural services contract in the
amount of $22,700 to Thompson, Ventulett, Stainback and Associates, Inc. for the multi-
purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects for
roof inspection and renderings.
H :~HOM E~z..EV] N S\G E N~3ONVC T R'~EXPAN S I O~C 09~kg Exh/L doc
IEXHIBIT A
I
of 8.j
May 17, 2004 - Award of Laborato~ and Materials Testing Contract in the amount of
$12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot
Modifications.
H N-IOM L~EEV] N S \G E N~C Of, IVCTR~F-Y, PANS I O~ Ogt~g ExhA- doc
EXHIBITA I
Page 6 of 6
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
JUNE 8, 2004
PROJECT: CONVENTION CENTER EXPANSION AND REHABILITATION
Project No. 4198
APPROVED: COUNCIL MOTION No. 2002-283
APPROVED 8/27/02
CONTRACTOR:
Moorhouse - Beecroft, Joint Venture, LLC
5826 Bear Lane
Corpus Chdsti, TX 78405
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
24,614,045.00
6,153,511.25
Change Order No. 1 (04/19/03) .....................
Change Order No. 2 (04/03/03) ....................
Change Order No. 3 (07/19/03) ....................
Change Order No. 4 (10/21/03) ....................
Change Order No. 5 (10/25/03) ....................
Change Order No. 6 (12/03/03) .....................
Change Order No. 7 (12/16/03) ....................
Change Order No. 8 (02/24/03) ....................
Change Order No. 9 (03/02/04) ....................
Total ...............................................................
22,738.00
22,035.00
126,892.00
142,059.00
17,331.00
20,816.00
872,818.00
665,411.00
281,478_00
2,171,578_00
= 8.82% < 25%
Exhibit B
Page 1 o[ 5
CHANGE ORDER No. 9
Department of Engineering Services
CiIy of Corpus Chdsti, Texas
CHANGE ORDER NO: 9
FUNDING SOURCE: 5S09'10-3181-00000-'110710
Operating Department: Department of Enaineedna Services
Name of Project: ConvenlJon Center ExpansiorVRenovatlon #4198
Conl~acton Mcorhouse/Beecroft Joint Venture, LLC
DATE: May 19, 2004
CONTRACT TIME: 670 C.D.
CHANGE AS FOLLOWS:
Provide each of the following revisions (Items 'a" through "s") as identified on the altached Pages 2 of 4
through 4 of 4 in accon'~ance with the requirements outlined in the Contract Documents.
Total Add - Lump Sum: $281,478.00
Why w~re these changes necessary?. (If left off the plans and specifications, explain why)
The maiodh' of the attached proposed revisions include work as required to medify or complete the current set of
Desiqn Documents.
How can similar changes be avoided in [he future? Many of these items could have been included in the odqinal
scope of work if add ilional information would have been available at the l~me the cont]-act amount was aclreed upon.
A. CONTRACT PRICE ............................................. $
B. TOTAL CHANGE ORDERS (inc. current) ........... $
C. NEVV CONTRACT PRICE ....................................$
D. THIS CHANGE ORDER ....................................... $
E. PERCENT TOTAL CHANGE (B/A) .......................
F. PREVIOUS ADDNI_ TIME AUTHORIZED ...........
G. ADDN1- CONTRACT TIME THIS CHANGE ORDER
H. TOTAL ADDITIONAL TIME .................................
24,614,045.00
2.171,578.00
26,785,623.00
281,478.00
8.82%
0 CD
0 CD
0 CD
Project Engineer
CI'FY OF CORPUS CHRISTI, TEXAS
By:.
CityEngineer
APPROVED:
CONTRACTOR
By:
~tle:
Operating Dept.
Director of Management & Budget
Legal Depadment
Page I of 4
Exhibit B 1
Page 2 of 5
CHANGE ORDER No. 9
CONVENTION CENTER EXPANSION
Department of Engineering Services
City of Corpus Christi, Texas
a.) PCO/CR No. 52 - Provide double metal deck at the RTU's in lieu of the concrete pad as required for
sound attenuation. All additional work shall be performed in accordance with the response to the
Request for Information No. C-136-R2 dated January 8, 2004. Moorhouse/Beecroft Change
Proposal No. 53 dated January 22, 2004.
Add = $16,426.00
b.)
PCO/CR No. 55 - Provide revisions to the Plaza curtain wall system structural steel. All additional
work shall be performed in accordance with the Proposal Request No. 13 Issued by 'tvs/Gignac
dated August 5, 2003 and Proposal Request No. 29 dated February 5, 2004. Moorhouse/Beecroft
Change Proposal No. 109 dated April 14, 2004.
Add = $42,483.00
c.)
PCOICR No. 83 - Relocate column N.6-16.9 in the Selena Auditorium. All additional work shall be
performed in accordance with the Proposal Request No. 25 issued by TVS/Gignac & Associates
dated October 21, 2003. Moorhouse/Beecroft Change Proposal No. 111 dated February 5, 2004.
No Cost
d.)
PCO/CR No. 101 - Provide additional tube steel members at the Entry Pavilion to support the
curtain wall system. All additional ','~3rk shall be performed in accordance with the response to the
Request for Information No. 300 issued by MEI Govind dated December 8, 2003. Moorhouse/
Beecroft Change Proposal No. 114 dated February 19, 2004.
Add = $15,205.00
e.)
PCOICR No. 108 - Provide all additional work associated with the architectural and electrical
revision at Stair E-I. This additional work shall be provided in accordance with the Proposal
Request No. 32 issued by TVS/Gignac dated December 18, 2003. Moorhouse/Beecroft Change
Proposal No. 125 dated March 16, 2004.
Add = $38,978.00
f.)
PCOICR No. 109 - Provide additional stiffeners to the pipe frames and the channel frames at the
Main Lobby Area. All additional work shall be performed in accordance with the Proposal Request
No. C-PR-015 issued by TVS/Gignac dated August 18, '2003. Moorhouse/ Beecrol~ Change
Proposal No. 116 dated January 5, 2004.
Add = $4,733.00
g.)
PCO/CR No. 110 - Revise the layout of the Women's Restroom 1100 in the Selena Auditorium. All
additional work shall be performed in accordance with the Proposal Request No. 33 issued by
'l-VS/Gignac dated January 8, 2004. MB-JV Change Proposal No. 123 dated March 31, 2004.
Add = $19,929.00
h.)
PCOICR No. '1'16 - Relocate the storm drain and overflow drain lines at the Ballroom. This
additional work is required to allow three roof drains and one overflow drain in the Prafunction Area
Room #2303 to connect to the storm/overflow ~)ipe dser. All additional work shall be performed in
accordance with the Moorhouse/Beecroft Change Proposal No. 129 dated January 30, 2004.
Add = $5,535.00
Page 2 of 4
Exhibit B I
Page 3 of 5
CHANGE ORDER No. 9
CONVENTION CENTER EXPANSION
Department of Engineering Services
Cityof Corpus Chdsti, Texas
i.)
J)
k.)
m.)
n.)
o.)
P.)
PCOICR No. 120 - Provide temporary chilled water supply and return piping as required to
connect to the existing system in the Convention Center in lieu of the new chiller units in the Arena.
All additional work shall be performed in accordance with the Moorhouse/Beecroft Change
Proposal No. 139 dated February 17, 2004.
Add = $22,334.00
PCOICR No. 121 - Revise elevator shaftJequipment room from CMU to drywall partition walls. All
work shall be performed in accordance with the response to the Request for Information No. 272-
R1 dated December 21,2003_ Moorhouse/Beecroft Change Proposal No. 85 dated Feb. 19, 2004.
No Cost
PCOICR No. '123 - Provide the additional fire alarm devices in the Ballrooms 'B" and 'C" as
required by the City of Corpus Chdsti Fire Marshal's Office. All additional work shall be performed
in accordance with the Moorhouse/Beecro[t Change Proposal No. 142 dated March 3, 2004.
Add = $6,670.00
PCOICR No. 124 - Ail additional work associated with providing extedor MP-1 Metal Wall Panels
at the Cooling Towers in lieu o[ portland cement plaster extedor wall finish. All additional work
shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 16A dated
March 10, 2004.
Add = $16,745.00
PCOICR No. 128 - Provide additional structural steel beams as support members at the Rooftop
Air Handling Units in Area "C" in lieu of the speCified roof joists and steel frames. Ail additional w~3rk
shall be performed in accordance with the Architect's Supplemenlal Inslrucfions No. 4-R1 issued by
TVS/Gignac dated September 12, 2003. Moorhouse/Beecroft Change Proposal No. 67 dated
March 17, 2004.
Add = $11,442.00
PCO/CR No. 129 - Provide all additional work associated with reinstalling the speakers in the new
acous§cal ceiling at Exhibit Hall "A". All additional work shall be provided in accordance with the
Change Proposal No. 118 submitted by Moorhouse/Beecroft dated March 18, 2004.
Add = $18,895.00
PCOICR No. 130 - Provide 2" sound conduit feeder in lieu of the 1%" conduit indicated on the
Contract Documents. Ail additional work shall be performed in accordance with the Moorhouse/
Beecroft Change Proposal No. 150 dated May 18, 2004.
Add = $3,349.00
PCO/CR No. 131 - Provide additional intedor limestone at the Upper Level Concourse 2202 as
requested by the Design Team. All additional work shall be performed in accordance with the
Moorhouse/Beecroft Change Proposal No. 130 dated March 31, 2004.
Add = $17,602.00
Page 3 of 4
Exhibit B
Page 4 of 5
CHANGE ORDER No. 9
CONVENTION CENTER EXPANSION
Department of Engineering Services
Cityof Corpus ChdstJ, Texas
q.)
r.)
s_)
PCO/CR No. 132 - Revise the layout o[ the Women's Restroom 1100 in the Selena Auditorium.
All additional work shall be performed in accordance with the Proposal Request No. 33 issued by
TVS/Gignac dated January 8, 2004. IV~-JV Change Proposal No. 123A dated March 31,2004.
Add = $15,869.00
PCOICR No. 135 - Provide a st]'uctural steel platform for the refrigeration system compressors at
Stair E-I. All additional wod( shall be performed in accordance with the Proposal Request No. 40
issued by 'rVS/Gignac dated Apdl 2, 2004. Moorhouse/Beecroft Change Proposal No. 154 dated
May 11, 2004.
Add = $17,080.00
PCOICR No. t37 - Provide transfer ducts above the Ballroom Ceilings in Rooms 2204 and 2205.
All additional work shall be performed In accordance with the Proposal Request No. 42 issued by
'rVS/Gignac dated April 5, 2004. IV~-JV Change Proposal No. 156 dated May 11, 2004.
Add = $8,203.00
Page 4 of 4
Exhibit B I
Page 5 of 5
CONVENTION CENTER REHABILITATION & EXPANSION
June 8, 2004
Revenues
Bond Proceeds
Hotel Occupancy Tax Fund
Insurance Settlement
34,185,505
$ 1,626,418
107,255
35,919,178
Expenditures
Consb-ucflon 24,614,045
Change Order No. 1 (utilities, masonry1 glass) 22,738
Change Order No. 2 (electrical, traf~, ADA, etc.) 22,035
Change Order No. 3 (water damage repairs) 126,892
Change Order No. 4 (cooling tow~ s~eens) 142,059
Change Order' No. 5 (utili['ies, dock, ADA etc.) 17,331
Change Order No. 6 (utililJes, sb'uctural, MEP) 20,816
Change Order No. 7 (Mechanical, structural) 872,818
Change Order No. 8 (rool~, struc~urel, acousl~cs) 665,411
Change Order No. 9 (Arch., elec., mech., struc. 281,478
Mechanical System Pro Rata 1 ,,500,000
Contingency (6.2%) 1,241,828
FFE 500,000
AJE (wi Amd. 1, 2, & 3) 2,052,916
Engineering Reimb. 110,000
Geotechnical 12,000
Southwestam Bell 5,325
Project Management 486,000
Administrative Charges 115,000
PM Construction Phase 1,300,000
Art 315,000.00
Planning - City 666.00
Materials testing/laboratory 148,335
Mai[erials testing/laboratory - Roadway/Parking 6,485
Misc. (Printing, Postage, etc.) 40,000
Subtotal 34,619,178
Future Constracts
Kitchen Equipment 900,000
NE for Roadway 21,000
Roadway 379,000
Subtotal 1,300,000
Total 35,919,178
Variance 0
Exhibit C
Page 1 o[ 1
File : \Mproject \councilexhibits\exh4198c9.dwg
NUECES BAY
PROJECT
LOCATION
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LOCATION MAP
NOT TO SCALE
CITY PROJECT No.4198
VICINITY MAP
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PROJECT
SI TE
EXHIBIT "D"
CONVENTION CENTER EXPANSION
AND REHABILITATION (Cha,ge Order No. ~)
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT ~
OEPART~I£NT OF ENGINEERING SER~CES
PAGE: I of 1
____--.,-
DATE: 05-28-2004 ~
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2004
AGENDA ITEM:
Ordinance authorizing the issuance of a beach festival permit to Clear Channel
Communications, Inc. for "C Sculptures" on the Gulf Beach at Newport Pass County
Park in the Corpus Chdsti City limits.
ISSUE:
Any beach festival that is held in the City of Corpus Christi must comply with City Code
of Ordinances, Chapter 10, ,Article XI, Beach Festivals.
C-Sculptures is an outdoor event that includes a sand sculpting competition, contests
and musical performances to be held at Newport Pass County Park, Nueces County
Property, within the City's limits, on June 12, 2004 from 8 a_m. to 5 p.m_ Estimated
attendance is 10,000 each hour and about 100,000 per day. The event has a long
history, 27 years. It is a one-day event and has a contract with Nueces County to do
the event. This event now falls under the City of Corpus Chdsti's Code of Ordinances,
Chapter 10, Article XI, Beach Festivals. Due to the City's annexation of portions of
Padre Island, this event will now occur inside the Corpus Christi City limits.
The beach festivals ordinance requires a Public Headng for each requested permit.
The Public headng was held on March 29, 2004, and no one expressed any concerns
or opposition to the event.
The attached ordinance authorizes the City Manager to issue a beach festival permit
upon compliance with Code of Ordinances, Chapter 10, Article Xl, Beach Festivals;
including execution ol~ police services agreement, approval of the fire prevention plan by
the City's Fire Marshal, and obtaining required temporary certificate of occupancy by the
City's Building Official. However, upon Promoter's agreement to remove temporary
structures, provide for trash disposal, restore festival site to its former condition, and
reimburse City for City's costs incurred, the bond required in Section 10-115 (4) is
waived.
REQUIRED COUNCIL ACTION: City Council must approve permits for beach festivals
PREVIOUS COUNCIL ACTION: Approved this event in both 2002 and 2003.
FUNDING: None
CONCLUSION AND RECOMMENDATION: Approval as presented.
Margie C.'l~,ose, Assistant City Manager
Interim Director, Park and Recreation
Attachments: Ordinance
BACKGROUNDINFORMATION
None
ORDINANCE
AUTHORIZING THEISSUANCE OF A BEACH FESTIVAL PERMIT TO
CLEAR CHANNEL COMMUNICATIONS, INC. FOR"C SCULPTURES,"
ON THE GULF BEACH AT NEWPORT PASS COUNTY' PARK;
PROVIDING FOR SEVERANCE;AND DECLARING AN EMERGENCY
WHEREAS, Clear Channel Communications, Inc. ("Promoter") has submitted an
application to sponsor the annual "C-Sculptures" festival on the Gulf Beach at Newport
Pass County Park that requires a beach festival permit under Article XI of Chapter 10,
Code of Ordinances;
WHEREAS, the proposed "C-Sculptures" beach festival will be held on Nueces
County's Newport Pass property on Mustang Island, including the beach along the Gulf
of Mexico;
WHEREAS, the beach along the Guff of Mexico is subject to the Texas Open Beaches
Act,
WHEREAS, Promoter is in the process of arranging for the appropriate support from the
City's police department, other law enforcement agencies, and pdvate security services
to provide for traffic control, crowd control, and other security issues; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION I. The City Council authorizes the C~ Manager, or the City Manager's
designee, to issue of a beach festival permit to Clear Channel Communications, Inc. for
the "C Sculptures," on the Guff Beach at Newport Pass Park in Corpus Chdsti City
Limits, on June 12, 2004 from 8:00 a.m. to 5:00 p.m. upon Promoter's compliance with
all provisions of Article XI of Chapter 10 of the Code of Ordinances; including but not
limited to, execution of police services agreement, approval of the fire prevention plan
by the City's Fire Marshal, and obtaining required temporary certificate of occupancy by
the City's Building Official. However, upon Promoter's agreement to remove temporary
structures, propedy dispose of trash, restore festival site to its former condition, and
reimburse City for City's costs incurred, the bond required in Section 10-115(4) is
waived.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 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
June 8, 2004 C Sculpture~ 2.doc
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This .z~/~ day of June, 2004:
~e~ A~o rYn~er~'t''
Samuel L. Neal, Jr.
Mayor
June 8, 2004 C Sculp[ures 2doc
2
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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: lA,ye, 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
Council Members
The above ordinance 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 Scott
June B, 2004 C ScuJptures 2.doc 3
20
CITY COUNCIL
AGENDA MEMORANDUM
June 1,2004
AGENDAITEM: Ordinance abandoning and vacating a 2,682-square foot portion of a 10-
foot wide utility easement out of Lots 24-25, Block 5, Saxet Heights No. 2 and Lot 1, Saxet
Community Center Annex "A"; requiring the owner, CCISD, to comply with the specified
conditions and replat the property within 180 days at owner's expense; and declaring an
emergency.
ISSUE: The closure of the 10-foot wide utility easement is required to allow the owner,
CCISD, to consb'uct a new elementar~ school building over the area that the utility
easements presenUy occupies.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his
expense.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Goldston Engineering, Inc., on behalf of the Corpus Chdsti Independent School Disb-ict (CCISD),
owner of said property, is requesting the abandonment and vacation of a 2,682-square foot portion
of a 10-foot wide utility easement out of Lots 24-25, Block 5, Saxet Heights No. 2 and Lot 1, Saxet
Community Center Annex "A" in order to accommodate the future construction of an elementary
school building that will occupy portions of the existing utility easements.
The I O-foot wide utility easement (2,682-square foot porlJon) that is presently being abandoned and
vacated is the first of two utility easements that CCISD will be vacating and abandoning within the
Saxet Heights No. 2 and Saxet Community Center Annex "A" tracts of land. Both utility easements
will be vacated and abandoned and all utilities will be relocated or re-muted between now and
August, 2004.
All public and franchised utilities were contacted. The City Gas Departs'hen/has a 3-inch gas line
within the easement to be cut, flanged and abandoned in place. The City Wastewater Deparlment
has a 6-inch sanitary sewer line in the easement that is to be abandoned. The City Water
Deparb'nent has an existing 3-inch water line to be abandoned in place. Southwestern Bell
company (SBC) has existing power poles in the existing utility easement to be abandoned and
vacated that will need to be removed at owner's expense. AEP and TimeWamer do have existing
overhead lines attached to SBC power poles as well and expressed no objections to the easement
closure but will seek reimbursement if adjusb'nents to any of their facilities become necessary. None
of the other city departments and franchised utility companies had any [acilities within the utility
easement or objections to the utility easement abandonment.
A consultant engineer has been conlracted by the City of corpus Chdsti Engineering Services
Department to prepare construction plans for the re-routing of the water and wastewater ulJlifies, and
has agreed to allow CCISD to provide a temporary lifiJpump station to allow [or a temporary by-pass
line dudng construction for continued wastewater service until relocation is completed. At the time
the new wastewater line is constructed, the temporary service will be abandoned.
Staff recommends that payment oi' the I'air market value be waived because Owner will be
dedicating a new utility easement by separate instrument ol~greater area (19,620-square feet) to oil-
set the proposed abandonment. The owner has been advised of and concurs with the conditions
the easement abandonment.
EXHIBIT A
FROM: B.A_ Bailey, AICP, Director of Development Services
DATE: May 28, 2004
TO THE crrY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: June 8, 2004
ORDINANCE CAPTION:
Ordinance abandoning and vacal~ng a 2,682-square foot podion of a 10-foot wide utility easement out of Lots 24-25, Block 5,
Saxet Heights No.2 and Lot 1, Saxet Community Center Annex 'A"; requiring the owner, CCISD, to comply with the specified
conditions and replat the property within 180 days at owner's expense; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 25, Page 80, Map Records of Nueces County, Texas, and Volume 8, Pages 10-11 of the
Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1)
2)
3)
Fair Market Value will be waived because Owner will be dedicating a utility easement of greater area
(19,620-square feet), to off-set the proposed vacafiee and abandonment of the easemenL
The City Gas Department has a 3-inch gas line within the easement Ihat will be cut, flanged and abandoned
in place.
The City Wastewater Department has a 6' sanitary sewer line in the easement fl'~at is to be abandoned and
relocated.
4)
5)
B)
7)
e)
Engineering Services Department has agreed to allow CCISD to provide a temporary liftJpump station to
allow [or a temporary by-pass line dudng conslructiee for continued wastewater se~Mc~ until relocation is
completed. At the lime the new wastewater line Is consl~'ucted, the temporary service will be abandoned.
The City Water Department has an exisling water line that will be abandoned in place.
Seuthwestem Bell Company (SBC) has an exisUng power poles in the existing utility easement to be
abandoned and vacated that will need to be removed at owner's expanse.
AEP and TimeWamer both have existing overhead lines attached to SBC power poles as well and will seek
reimbursement if adjuslmenLs to any of their facilities become necessary.
The Owner must replal the porUons of Lots 24-25, Block 5, Saxet Helghls No.2 and Lot 1, Saxet Communrty
Center Annex "A'; being abandoned and vacated within 180 days at Ow~e~s expense.
B~,A. Bailey, AICP. i~or or' Develop,rnent Services
DATE: (.P'~
APPROVED:
DATE: EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 2,682-SQUARE FOOT PORTION OF
A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 24-25, BLOCK
5, SAXET HEIGHTS NO. 2 AND LOT 1, SAXET COMMUNITY CENTER
ANNEX "A"; REQUIRING THE OWNER, CClSD, TO COMPLY WITH
THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN
'180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 2,682-square foot portion of a 10-foot wide utility easement out of
Lots 24-25, Block 5, Saxet Heights No. 2 and Lot 1, Saxet Community Center Annex
"A', as recorded in Volume 25, Page 80, Map Records Nueces County, Texas, that the
owner, Corpus Chdsti Independent School District, (Owner), wishes to have abandoned
and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus ChdstJ to abandon and vacate said portion of the utility easement for ail
purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 2,682-square foot portion of a 10-foot wide utility easement out of
Lots 24-25, Block 5, Saxet Heights No. 2, and Lot 1, Saxet Community Center Annex
"A', as recorded in Volume 25, Page 80, Map Records Nueces County, Texas is
abandoned and vacated for public use as a utility easement, subject to Owner's
compliance with the following specified conditions as part of the abandonment and
vacation:
Fair market value to be waived because Owner will be dedicating utility
easements of greater value to off-set the proposed abandonment and vacation.
The City Gas Department has a 3-inch gas line within the easement that will be
cut, flanged and abandoned in place.
The City Wastewater Department has a 6-inch sanitary-sewer line in the
easement that is to be abandoned and relocated.
Engineering Services Depa~b.ent has agreed to allow CCISD to provide a
temporary lift/pump station to allow for a temporary by-pass line during
construction for continued wastewater service until relocation is completed. At
the time the new wastewater line is constructed, the temporary service will be
abandoned.
H:~LEG-DIR~loseph\ORD-SaxetHgts.doc
5. The City Water Department has an existing water line that will be abandoned in
place.
Southwestern Bell Company (SBC) has existing power poles in the utility
easement that are to be abandoned and removed at Owner's expense.
AEP and Time Warner both have existing overhead lines attached to the SBC
power poles as well and will seek reimbursement if adjustments to any of their
facilities become necessary.
That the Owner replat the portions of Lots 24-25, Block 5, Saxet Heights No. 2,
and Lot 1 Saxet Community Center Annex "A", being abandoned and vacated
within 180 days at Owner's expense; provided however, the City Engineer may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the C~7 Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of Cib/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 8th day of June, 2004.
A'I=I'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved ..J ~. ,..,~ ~ ,2004
BY: Josep~Harne~
Assistant City Attomey
For City Attorney
H:~LEG-Dl~oseph\ORD-SaxetHgts.doc
Corpus Christi, Texas
day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set for[h 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: INVe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kel~/
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:XLEG-DIR'~Ioseph\ORD-SaxetHgts.doc
.P. LS. NO. 5061
LEOPARD
SITE~
KENWOOD
LOCATION MAP
NOT TO SCALE
SHEET6
LOTS 24 &: 25. BLOCK 5, ,SAXET HEIGHTS NO. 2
AND LOT 1. SAX'E"I' COMMUNr'rY CENTER ANNEX 'A'
EXHIBIT C - LOCATION MAP
PR~..o. ~5-00 I ~,~:05/~9/02 I owo,
TALLY-HO MOTEL
AODITION
VOLUME 2J, PAGE
M.R.N.C.T
LEOPARD STREET
(r20' RIGHT OF WA)')
10' UTILITY' EASEMENT~-%
_./___%
/ I / 15' TEMPORARY
// / CON.~TRU~
// // EASEMENT
E4~E~E2~rr CLOSURE
2,682 SQUARE
LOT 2
..SAXET COMMUNITY CENTER
ANNEX "A "
VOLUME 2,5, PAGE $0
M.R.N.C.T.
LOT t I
LOT
LOT 1::
N
LOT I
LOT 25
LOT 24
BLOCK 5
SAXET HEIGHTS NO. 2
8, PAGE~, 10-11
M.R.N.C.T,
LOT 20
LOT
LOT 21
LOT 25
LOT 22 I
SHEET20FJ
LOTS 24, & 25. BLOCK 5. SAXET HF1GHTS NO. 2
AND LOT 1. SAXET COMMUNI'I'Y CENTER ANNEX 'A'
ID(HIBIT C - sirrE LAYOUT
21
CITY COUNCIL
AGENDA MEMORANDUM
Ci~ Council Action Date: May 25, 2004
AGENDA ITEM:
An Ordinance amending The Code o[ Ordinances, Chapter 9, AvialJon, Section 9-32, Trespass Upon
Runways, Ramps, Taxiways, etc; providing for severability; providing for cdminal penalties; providing
for publicalJon and establishing an effective date
ISSUE:
Section 9-32 of the Code or' Ordinances deals primarily with airport security and was written under
guidelines established by the Secudty Division of the Federal Aviation Administration (FAA).
Regulatory authority for airport secudty has since been delegated through the Department of Homeland
Secudty to the Transportation Security Administration (TSA). This amendment updates the City's Code
of Ordinances to comply with requirements and terms currently mandated and in use by the TSA.
REQUIRED COUNCIL ACTION:
All Resolutions and Ordinances require Council approval.
PREVIOUS COUNCIL ACTION:
Council has previously amended this Ordinance on July 19, 1966 and July 26, 1994.
FUNDING:
N/A
CONCLUSION AND RECOMMENDATION:
The Airport Board recommended approval of Ordinance during their meetJng held on Apdl 21, 2004.
Staff recommends approval of the Ordinance as presented.
Department Head Signature
Attachments:
Exhibit A: Background
BACKGROUNDINFORMATION
The airport's security program was originally regulated by the Secudty Division of the Federal Aviation
Administration (FAA). Subsequent to 9/11 the authority to administer airport security was delegated to
the Transportation Secudly Administration through the Department of Homeland Security. Sec. 9-32 or
the Code ol~ Ordinances deals pdmadly with Airport Secudty and for the sake of cempliance and
consistency needs to be updated to coincide with published federal directives.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 9,
AVIATION, SECTION 9-32, TRESPASS UPON RUNWAYS,
RAMPS, TAXlWAYS, ETC; PROVIDING FOR SEVERABILrFY;
PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR
PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 9. Aviation, Section 9-
32, is hereby amended as follows:
Sec. 9-32. Trespass upon runways, ramps, taxkvays, otc.
It shall bo unlawful for any pomon or vehir_,lo to go onto, upon or across tho
runways, ramps, taxiwayc or the cervi~e area bohveen such runways, ramps or
taxiwayc at tho Corpus Christi International Airport when such person hac no
Icgitirnoto or lawful right to enter such are,3. Tho term "legitimate or lawful right"
shall apply to those persons authorized to go onto, upon or across such areas by
reason of their official duties in c, onno~tion with the maintenance, inspection or
operation of the aircraft, airport or fac, iliticc thereon as set forth below.
(1) Application of provisions. The rules and regulations in this section apply to
all persons on tho airport, including premises which are outside the airline
terminal building and are leased to and in tho exclusive possession of others.
Entry of any person into the airport shall bo conditioned upon compliance with
this ~oction and the entry shall be deemed an agreement by the person entering
to comply therewith.
(2) All areas of tho airport except those areas open to the public are restricted
and no pomon shall enter upon the landing areas, taxkvays, ramp areas, aircraft
parking and storage areas, or hangars of tho airport except:
a. Persons asr. ignod to dutythoroin.
b. Authorized representatives of an FA,& approved federal agency.
c. Persons authorized by the director of aviation or designcc.
d. Passengers under appropriate supervision entedng the ramp areas for the
purpose of enplaning and deplaning.
e. Persons engaged, or about to bc engaged, or having been engaged, in the
operation of any aircraft.
LaurieLA'John Burke\Ordinanc~sV~iq~ort Trespass.lla
(3) . Air opcrations area/~,ocurity idontiflcation display area (SIDA)
responsibilities.
a. All pemonc, including, but not limitod to, certificated airline carriom, air
cargo oporators, fixod base oporatom, and other ongaging in activities at the
Corpus Chdsti Intomational Airport, having control by leaco or otherwiso, over
areas within the air oporations area/SIDA or over areas which pormit access to
the air oporations area/SIDA, shall bo responsible for the following:
1. Controlling aocoss to tho air opcrations area/SIDA, including mothods for
preventing the entry of unauthorized pomons and ground vehicles, through any
area over which such porson has control.
2. Promptly detocting the intrusion or attempted intrusion of unauthorized
persons and ground vehiolos through controlled areas into the air operations
ama and promptly notifying an airport public cafoty officer, orally oither in pcrcon
or by telephono of such intrusion or attomptod intrusion.
3. For tho purpoco of this section, the air operations area means tho runways,
taxiways, and other areas of tho Corpus Chdsti Intomational Airport which are
usod for taxiing or hovor taxiing, take off and landing of aircraft, including aprons,
loading ramps and air,aft parking areas and all areas enclosed by perimeter
foncing and structures into which unrestdctod access is prohibited.
4. For tho purpose of this section, the socurity idontification display area
(SIDA) is tho area which requires each pomon to continuously display, on their
outermost garmont, an airport approved identification modium unless under
approvod escort.
b. Authodzod porsonc; rosponsibiliticc.
1. Any pomon who hac authority to ontcr tho air operations area and who
pormits any porson to accompany him or her shall bc responsible for ensuring
that such pomon remains accompanied by an authodzod pcrcon at all times
while in'the air oporations area.
2. Any person entering or exiting tho air operations area shall ensure that any
door or gato through which paccago ic mado ic properly closod and secured after
such passage and shall promptJy notify an airport public safety officer if such
door or gate does not close and secure propcdy. Compliance with this section
may bo accomplishod by notifying tho airport public calory officer orally, oithor in
porson or by telephone.
c. Penalty. Any pcrson who intentionally, recklessly or nogligently fails to
dischargo the responsibilitics set forth in subsections (3)a., (3)b., (3)f., (3)h., (3)i.
of this section shall bo guilty of a misdemeanor and shall be fined up to five
LaudeLA~John Burke~Ordinanc:esV~lq:~rt Trespass.lla
hundrod dollars ($500.00) and each day such violation shall continue or be
permittod to exist shall constitute a separato offonso.
d. FAA violation; rocponsibility. In any case in which tho Foderal Aviation
AdministratJon assesses a civil ponalty against thc violation of Foderal Aviation
Rogulations Part 107, occurring on or through any area undor tho control of a
person at tho Corpus Chdsti International Airport or as a result of a violation of
subsoction b.1. and b.2. of this section, the Corpus Chdsti International Airport
shall bo roimbursed by the person whoso act or failure to act caused the violation
resulting in the civil ponalty or by the tenant or porson whose omployoo, agent,
servant, or independent contractor causod thc violation resulting in the civil
e. Airport security program. All porsons, tenants, visitors, and omployoos of
the city are roquired to comply with all applicable portions of tho airpod socudty
program as approvod by Unltod Statoc govommont authoritios (Title 1,1, Code of
Federal Rogulationc, Part 107). Any penalties Ioviod against the city by tho FAA
as a rocult of an airport tenant's failure to comply with tho airport ~ocunty
program will bo asse&sod against that tonant and that tenant will pay for the full
amount of the ponalty within thirty (30) days of roceipt of city's invoice.
f. No porson shall disongago, disablo or disconnect any alarm on any door,
wall, window or spaco whon such an alarm has been cot by the authority of the
aviation director or by tho tenant exercising contractual or propdotary control.
g. Circumvention of scrooning. No person excopt a person otherwise lawfully
exompt from tho scrooning process pursuant to Fodoral Aviation Rogulation Part
1. Introduce any item, package, objoct, or device into a stedle area without
first submitting such item, package, objoct or device to appropriate porsons at a
scrooning point controlling ontry into such sterile area.
2. Before entry into a stedle area, fail to comply with a corooning proocss
dosignod to dotect weapons and oxplosives in compliance with United Statos
government laws and rogulations.
h. Identification card display roquirod.
1. No porcon shall onter into or bc in an air operations area, SIDA area, or a
sterilo area without having displayed to thc extont practical on the front outermost
layer of his/her garments a valid and current idcntification card iccued by the
aviation director or designoo and which authori;,cs boarer aocos~, to area he/she
is entedng or is in.
LaudeLA~lo~n Burke\Ordinanc~es~Airport Trespass.lla
3
2. It is an afflrmativo dofenco to prococution undor thic coction that the pcrson
chargod was a police officer, firofighter, or medical personnol responding to a
verifiable emorgoncy.
3. All porconc having boon iscuod an airport identification badge, key, or other
media allowing aoce&c to the air oporations area shall immodiately report its
Iosc/dostruction to an airpod public cafebj, officor. This initial roport may bo either
in person or by tolephono and must bo supplementod within twonty four (24)
hours by a writ'ton explanation doscribing the circumstance of tho
Iocr_,/destruction. No porson shall use/display any such media which has beon
report IosL/dectroyed.
Section 9-32. Trespass upon restricted areas of the airporL
(a) Application of provisions. The rules and requlations in this section applv to all
persons on any municipal airport and all premises on airport property,
includinq those areas that are leased to and in the exclusive possession and
under the exclusive control of others. Entn/of any person onto the airport
property shall be conditioned upon compliance with this section, and the entr~
shall be deemed an aclreement by the person entednQ to comply therewith.
(b) Definitions. The definitions of the terms that follow shall apply to this section:
(1) Air Operations Area (AOA) means all aircraft movement areas, aircraft
parkinq areas, Ioedincl ramps, safety areas, and all other areas, except the
secured area, enclosed by perimeter fencinq and structures into which
unrestricted access is prohibited at any municipal airport.
(2) Ground vehicle means any vehicle, other than an aircraft, desiclned or
used to transport persons or property from one point to another.
(3) Movement area means the runways, taxiways, and other areas of any
municipal airport which are used for taxiinq or hover taxiinq, air taxiin.q,
takeoff, and landinq of aircraft, exclusive of Ioadinq ramps and aircraft
parkinq areas.
(4) Non-movement area means all other areas of the AOA of any municipal
airport that is not a movement area.
(5) Secured area means any part of any municipal airport where access is
controlled by certain measures required bv Title 49, Code of Federal
Requlations, Part 1542, as described in the Airport Security Proclram
approved bv the Transportation Secudb/Administration (-I'SA).
(6) Security Identification Display Area (SIDA) means any part of any
municipal airport in which each person is required to continuously display,
on the outermost (~arment and above the waist, an unexpired airport-
approved or airport-issued identification medium, unless under approved
escort.
(7) Sterile area means the areas of the terminal of any municipal airport to
which access is controlled by an aircraft operator or the TSA throuclh the
screeninq of persons and property.
LaurieLA~John Burke\OrdinancesV~,irpori Trespass.lla
4
(c) Airport safety responsibilities.
(1) No person may enter any movement area or non-movement area without
prior permission from the Director of Aviation. Any person legally and
lawfully enqa(~ed in the operation of an aircraft may enter the movement
area without the prior permission of the Director of Aviation, except for
those areas of the movement area which the Director of Aviation has
closed to aircraft operations.
(2) Any person who enters, or moves within, the movement area must be in
radio contact with the Air Traffic Control Tower (ATCT) on the radio
freauenc¥ desi(~nated by the Federal Aviation Administration (FAA), and
must comply with ATCT instructions while in the movement area, in
accordance with the Airport CerthScation Manual approved by the FAA and
all Letters of Aqreement between the City and the FAA.
(3) Each person in the movement area or non-movement area shall qive the
daht-of-wa¥ to all aircraft and emerqenc¥ response vehicles.
(4) It shall be unlawful to operate a vehicle at a rate of speed (~reater than 15
miles per hour in the non-movement area.
(5) An,/ person who operates a vehicle in the movement area or the non-
movement area must comply with the operatina rules set forth, and as
may be amended from time to time, by the Director of Aviation.
(6) It shall be an affirmative defense to prosecution under this parac~raph if the
person charqed is an emerqencv response official on dub/and respondinq
to an actual or simulated airport emerqenc¥.
(d) Airport security responsibilities. All persons to whom access authority to non-
public areas of the airport has been qranted are required to complv with all
applicable portions of the Airport Secur~ Pro, ram as approved b¥ the TSA
(Title 49, Code of Federal Regulations, Part 1542). Any penalties levied
aqainst the City bv the TSA as a result of a person's failure to comply with the
Airport Security Proqram approved by the TSA will be assessed aqainst that
person, and that person will pay for the full amount of the penalty within thirty
(30) days of receipt of the City's invoice.
(1) Air Operations Area, Secured Area and Secudb/ Identification Display
Area (SIDA)
a. It shall be unlawful for any person to enter the AOA, secured area or
the SIDA without prior permission from the Director of Aviation or the
TSA, unless that person is a pilot transitin(~ directly between his or her
aircraft and an airport buildinq or that person is a passenqer enplaninq
or deplaninq an aircraft under the supervision of the aircraft operator.
b. It shall be unlawful for any person to whom an access device to the
AOA or secured area has been cliven by the Director of Aviation to
allow another to use that device to enter or exit the AOA or secured
area.
c. It shall be unlawful for any person to use an,/device other than that
which was issued by the Director of Aviation to that person to enter or
exit the AOA or secured area.
LaudeLA~John Burke\Ordinanc~sV~Jq~ort Trespass.lla
d. It shall be unlawful for any person who has been issued an access
device by the Director of Aviation to enter or exit the AOA or secured
area without usinq that device.
e_ It shall be unlawful for any person to enter or exit the AOA or secured
area without usin(~ the desiqnated access device, unless that person is
being3 escorted by another who has been qiven permission by the
Director of Aviation to be in the AOA or SIDA and who has been .qiven
permission by the Director of Aviation to escort him or her.
f. Each person who uses a door or ~ate to enter or exit the AOA or
secured area shall ensure that the door or (~ate through which passa(~e
is made is propedy closed and secured after such passacle. If a door
or qate fails to propedy close the person accessincl shall promptly
notify an airport public safety officer if such door or qate does not close
and secure properly. This notification requirement may be
accomplished by notifyin(~ the airport public safety officer orally, either
in person or by telephone.
g. Each person who has access to the AOA, secured area, or SIDA shall
remain only in those portions of the AOA, secured area, or SIDA for
which the Director of Aviation has authorized access.
h. Any person who has been issued an airport identification or access
device shall immediately report its loss or destruction to an aimort
public safety officer. This initial report may be either in person or bv
telephone and must be supplemented within twenty-four (24) hours by
a wdtten affidavit describin(~ the circumstances of the loss or
destruction.
i. No person shall use or display any airport identification or access
device that has been declared loss or destroyed by the person to
whom it was issued.
j. Any person to whom control or authority over any part of any AOA,
secured area or SIDA has been qranted shall:
(1) Control access to the part of the AOA, secured area, or SIDA over
which he or she has been f:liven authority by preventin~ the entry of
unauthorized persons and around vehicles into any part of the
AOA, secured area, or SIDA he or she has been cliven control or
authority, and
(2) Promptly detect the inbusion or attempted intrusion of unauthorized
persons and qround vehicles into the AOA, secured area, or SIDA,
and then promptly notify an airport public safety officer orally, either
in person or by telephone, of such intrusion or attempted intrusion.
k. Any person who has authority to enter the AOA, secured area, or SIDA
and who permits another to accompany him or her shall be responsible
for ensudncl that such person remains accompanied bv an authorized
person at all times while in the AOA, secured area, or SIDA.
I. It shall be unlawful for any person to disenqaqe, disable, or disconnect
any alarm on any door, wall, window, or space when such an alarm
LaurieLAUohn Burke\Ordinanc~s~Airpod Trespass.lla
has been set by the authority of the Director of Aviation or by the
@erson exercisincl contractual or proprietary control.
(2) Sterile Area.
a. It shall be unlawful for any individual to enter the sterile area without
first submittinq to the screeninq and inspection of his or her person and
accessible property, in accordance with the procedures of the TSA or
an air~aff operator's TSA-approved secudty pro~ram, unless
otherwise approved by the Director of Aviation or the TSA.
b. It shall be unlawful for any person to introduce into the stedle area, or
possess in the sterile area, any item that is prohibited by the TSA for
cardaqe aboard an air carrier aircraft.
(3) It shall be an affirmative defense to prosecution under this paraqraph if the
person charged is an emer.qenc¥ response official on duty and respondinq
to an actual or simulated airport emerqenc¥.
(e) Penalty. Any person who intentionally, recklessly, or neqliqently fails to
discharqe the responsibilities set forth in this section shall be quilty of a
misdemeanor and shall be fined up to five hundred dollars ($500.00~. Each
day such violation shall continue or be permitted to exist shall constitute a
separate offense.
(0 TSA or FAA Violation. In any case in which the Transportation Secudty
Administration or the Federal Avialion Administration assesses a civil penalty
aqainst the City for violation of Transportation Security Requlations (Title 49,
Code of Federal Requlations, Parts, 1500, et al) or Federal Aviation
Re~lulations (Title 14, Code of Federal Requlations, Part 139) occurdnq on or
throuqh any area under the control of a person at any municipal airport, or as
a result of a violation of this section, the City shall be reimbursed by the
person whose act or failure to act caused the violation resultinq in the civil
penalty or by the tenant or person whose employee, aaent, servant, or
independent contractor caused the violation resuitinq in the civil penalty.
SECTION 2. Publication shall be made one time in the official publication
of the City of Corpus Christi by publishing the caption stating in substance the
purpose of the ordinance. This ordinance shall become effective upon such
publication.
SECTION 3. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision or provision of this ordinance shall be held
invalid or unconstitutional by final judgment ol: 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.
LaurieLA~John Burke\Ordinances~Airport Trespass.lla
7
That the foregoing ordinance was read for the first time and passed to its second
reading on this the
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colrnenero
Henry Garrett
Bill Kelly
day of
,2004, by the following vote:
Rex A. Kinnison
Melody Cooper
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
Henry Garrett
Bill Kelly
APPROVED AND PASSED on this
2004.
,2004, by the following vote:
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
day of
ATTEST:
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM on the
2004.
·
~(ssistant City AttomeyV
Samuel L Neal, Jr., Mayor
/ ? day of //~/
/
LauneLA~John Burke\Ordinanc~s~,irport Trespass.lla
22
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: June 8, 2004)
Case No.: 0504-01, Robert D. Dickson, Jr.: A change of zonnig from a "R-lB" One-family
Dwelling District to an "I-2' Light Industrial DisWict. The property is in Noakes Partition, being 4.90
acres out of Tract 4, located on the north side of Up River Road (Interstate Highway 37),
approximately 400 feet west of Violet Road.
Planning Commission and Staff's Recommendation (05/05/04): Denial of the "I-2" Dislrict, and in
lieu thereof, approval ora "B-4" General Business District with a Special Pct~dt for warehouses and
limited outside storage subject to a site plan and four (4) conditions.
Re{luested Council Action: Denial of the "I-2" District, and in lieu thereof, approval of a "BM"
General Business District with a Special perrmt for warehouses and limited outside storage subject to a
site plan and four (4) conditions.
Purl}ose of Request: To develop property with a cona-actor's office, v~rehouse, and storage y'&rd.
Summary:
· Applicant is requesting an "I-2" District in order to develop the property with a contractor's yard
consisting of an office, warehouse and outside storage.
· Propose office will contained approximately 4,000 square feet.
· Proposed warehousing will consist of three (3) warehouse buildings of approximately 6,000 square
feet each.
· The~utsidest~ragewi~haveanarea~f5~squarefeet,whichis~essthan25%~fthepr~pe~-ty- It
is not the applicant's intent to have materials stored outside on a regular basis.
· The requested "I-2" District permits uses that are not consistent with the Northwest ADP and with the
primary development of the area.
· The proposed contractor's yard could be allowed through a Special Permit, which is acceptable to the
applicant.
· A "BM" General Business District in lieu of the requested "I-2" DisWict is consistent with the
existing zoning to the south and east.
The plarmmg Comrmssion recomn~nded denial of the"I-2" Dislrict, and in lieu thereof, approval of a
"B-4" General Business District w~th a Special Permit for warehouses and limited outside storage subject
to a site plan and the following four (4) conditions:
1) USES: The only uses authorized by tMs Special Permit other than those uses penmtted by right
in a "B-4" General Business Dislyict are wa.rehouses and limited outside storage.
2) WAREHOUSES: Warehouse buildings on the property limited to three (3) buildings with a floor
area not to exceed 6,000 square feet for each building.
Agenda Memorandum
June 8, 2004
Case No. 0504-01 (Robert D. Dick. son, Jr.)
Page 2
3)
OUTSIDE STORAGE: Outside storage on the property shall not exceed 50,000 square feet and
located in accordance to the attached site plan. The outside storage must be screened from the
public right-of-way and adjacent properties with a solid screening fence having a height of not
less than six (6) feet.
4)
TIME LIMIT: This Special Permit shall be deemed to have expired within one year fi.om the
date of this ordinance unless the property is being used as outlined in Condition #1 and m
compliance with ali other conditions.
Al~pliant's Position: The applicant concurs with plamung Comrmssion and Staff's recommendation.
Notification: Of the thirteen notices mailed to the surrounding proper~y owners, none were returned in favor or in
opposition. The 20% rule is not Invoked. This case is considered noncontrover~aL
MG/MSS/er
Attachments:
1) Zoning Re~ort
2) Planning comrmssion Minutes
3) Ordinance
H:W LN-DIR~ERMA\WO RD~AGENDMEM~004XOSO, M) 1AGENDAMEMO.13OC
CITY COUNCIL
ZONING REPORT
Case No.: 0504-01
Planning Commission Hearing Date: May 5, 2004
Applicant: Robert D. Diclcson, Jr.
Owner: Thc Bank of Alice
Agent: Bill Ward
Legal Description/Location: Noakes Partition, being 4.90 acres out of Tract 4, located on the
north side of Up River Road (Interstate Highway 37), approximately 400 feet west of
Violet Road.
From: "R- lB" One-family Dwelling District
To: "I-2" Light Industrial District
Area: 4.90 acres
Purpose of Request: Develop property with a con.actor's office.
warehouse and storage yard.
Zoning Existing Land Use
Site "R-lB" Undeveloped
North "R-lB" Undeveloped
South "B -4" Apartments
"R-lB" & "B-4" with Golf driving range and pro
Eaxt
SP98-04 shop
Electrical contractor and
West "R-lB" with SP89-18
storage yard
Future Land Use
Low-density residential
Low-density residential
Commercial
Lowqlensity residential
Low-density residential
Area Development Plan: The Northwest Area Development Plan's adopted future land use map
recommends the subject property to develop with low-density residential uses. The
requested "I-2" District is not consistent w/th the Plan's recommended land use.
However, Special Permits were granted to properties east and west of the subject
property for commercial and industrial uses. The requested use is compatible to the
adjacent uses and is supported as a commercial use with a Special Permit. An
amendment to the Northwest ADP's future land use map is required for the commercial
land use designation.
Map No.: LllB &M10D(56-2, 3)
Zoning Violations: None.
Zordng Report
Case No. 0504-01 (Robert D. Dickson, Jr.)
Page 2
· Applicant is requesting an "1-2" Dislrict in order to develop the property with a contractor's
yard consisting of an office, warehouse and outside storage.
· Propose office will contained approximately 4,000 square feet.
Proposed warehousing will consist of three (3) warehouse buildings of approximately 6,000
square feet each.
The outside storage w/Il have an area of 50,000 square feet, which is less than 25% of the
property. It is not the applicant's intent to have materials stored outside on a regular basis.
The requested "I-2" District perrmts uses that are not consistent w/th the Northwest ADP and
with the primary development of the area.
· The proposed contractor's yard could be allowed through a Special Permit, which is
acceptable to the applicant.
· A "B-4" General Business District in lieu of the requested "I-2" Dista-ict is consistent with the
existing zoning to the south and east.
Street Type Paved Section Volume
(2001)
60-foot ROW with 40-foot
Up River Road Collector back-to-back paved section 4,580 vpd
400- foot ROW with 200-foot
Interstate Highway 37 Freeway back-to-back paved section
In January 2002, the applicant received a Special Permit for a contractor's yard on property
located on Twin River Boulevard, north of Interstate Highway 37 and east of the subject
property. The applicant has decided not to build at that location due to a possible land use
conflict (proposed apartment complex adjacent to west). The subject property is located tn an
area that contains deep lots which abut the Nueces River to the north. It is the applicant's intent
to use only the south 4.9 acres out of the 24-acre tract of land. The remaining 19.1 acres will
remain undeveloped because it is low lands and may be subject to flooding_ The proposed
con~'actor's yard will be bound by an electrical contractor's yard on the west and a commercial
driving range on the east. There is a restaurant and Interstate Highway 37 to the south. Impact
from proposed use onto the adjoining properties will be minimal.
Zoning Report
Case No. 0504-O1 (Robert D. Dickson, Ir.)
Page 3
Denial of the requested "1-2" Light Industrial Dis~ct and in lieu thereof, approval ofa "B-4"
General Business District with a Special Permit for warehouses and limited outside storage
subject to a site plan and the following conditions:
1. USES: The only uses authorized by this Special Permit other than those uses permitted by
right in a "B-4" General Business District are warehouses and limited outside storage.
2. WAREHOUSES: Warehouse buildings on the property limited to three (3) buildings with a
floor area not to exceed 6,000 square feet for each building.
3. OUTSIDE STORAGE: Outside storage on the properly shall not exceed 50,000 square feet
and located m accordance to the attached site plan. The outside storage must be screened from
the public right-of-way and adjacent properties with a solid screening fence having a height of
not less than six (6) feet.
4. IIME LIMIT: This Special Porn,it shalI be deemed to have expu-ed within one year from the
date of this ordinance unless the property is being used as outlined in Condition #1 and in
compliance with all other conditions.
Denial of the "1-2" Dis~'ict, and in lieu thereof, approval ofa "B-4" General Business District
with a Special P=mfit for warehouses and limited outside storage subject to a site plan and the
above stated four (4) conditions.
~ ~ Notices Mailed- 13
la -~ Favor - 0
la g Opposition - 0
~ ~ (As of May 28, 2004)
Attachment: Zoning Map
Site Plan
SUBJ ;CT PAR~
P,-1B
R-lB
ALXS-04-16-04
Case Z0504-01
Notice Map
NORTH
I
Planning Corrmmssion Minutes
May 5, 2~04
New Zoning
0504-01 - Robert D. Dickson, Jr.
REQUEST: Change of zoning from"R-lB" One-family Dwelling Dislrict to "I-2" Light Industrial
District to develop the property wSth a contractor's office, warehouse and storage yard.
Ms. Faryce Macon-Goode, City Planner, provided graphics of the subject property and the
surrounding area. The zoning report and tape recording are on file. She stated that there were 13 notices
mailed. None were received in favor or in opposition.
Excerpts from Zoning Report
Property addres$/Ioeation. Noakes Partition, being 4.90 acres out of Tract 4, located on the
north side of Up River Road (Interstate Highway 37), approximately 400feet west of Violet Road
The Northwest Area Development Plan'x adopted future land use map recommend.~ the subject
property to develop with low-density residential uses. The requested "1-2" District is not cousistent with
the Plan's recommended land use. However, Special Permits were granted to properties east and west of
the subject property for commercial and industrial uses. The requested use is compatible to the adjacent
uses and is supported ax a commercial use with a Special Permit. An amendment to the Northwest ADP's
future land use map is required for the commercial land use designation.
Applicant ix requesting an "1-2" District in order to develop the property with a contractor's
yard consisting of an office, warehonse and outside storage. The proposed office will contained
approximately 4,0OO square feet. The proposed warehousing will consist of three (3) warehouse
buildings of approximately 6,000 square feet each. The outside storage will have an area of SO, O00
square feet, which ix less than 25%o of the property. It ix not the applicant's intent to have materials
stored outside on a regular busis. The proposed contractor's yard could be allowed through a Special
Permit, which is acceptable to the applicant
Staff Recommendations: Dental of the requested "1-2" Light Industrial District and in lieu
thereof, approval ora "B-4" General Business District with a Special Permit for warehouses and limited
outside storage subject to a stte plan and the following condiaons:
Chairman Berlanga verified that the applicant was in agreement with the conditions of the Special
perrmt.
Chairman Berlanga opened the public hearing.
Mr. Bob Dickson, 13701 Hillwood Trail, owner of the property, came forward and stated that he
has two offices in the vicintty. He has projected that he'll need 5,000 square feet of office space and
support buildings. All materials will be stored in the warehouses. He plans to have three buildings but
may need an additional one in the future. He asked what the procedure would be to construct an
additional building on the subject property. Mr. Gunning stated the conditions and that Mr. Dickson
would need to come back in to amend the Special Permit. He also explained that once the ordinance is
passed, Mr. Dickson would be responsible for meeting all of the conditions.
Planning Commission Minutes
May 5. 2004
Case No. 0504-01 (Robert D. Dickson, Jr.)
Page 2
Mr. Dickson intends to only use the south 4.9 acres of the 24 acre tract of land. Richter asked if
the remaining portion of the subject property would be land locked. Mr. Gunning explained that all of the
property is not developable because there is a large drop-off', it abuts the Nueces River, is low lands, and
is subject to flooding. Additionally, the applicant owns the adjacent property to the north.
Commissioner Berlanga went over the special provisions to which Mr. Dickson agreed.
The public hearing was closed.
Motion was made by Smith and seconded by Salazar to approve the "B4" General Business
District with a Special Permit in lieu of the requested "I-2" Dislrict. Motion was approved unanimously.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
ROBERT D. DICKSON, JR., BY CHANGING THE ZONING MAP IN
REFERENCE TO 4.90 ACRES OUT OF TRACT 4, NOAKES PARTITION
FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-4"
GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR
WAREHOUSES AND LIMITED OUTSIDE STORAGE SUBJECT TO A
SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its repods and
recommendations concerning the application of Robert D. Dickson for amendment to
the zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
May 5, 2004, dudng a meeting of the Planning Commission, and on Tuesday, June 8,
2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, dudng which all interested persons were allowed to appear and
be heard; and
WHEREAS, the C~ Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Chdsti and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the C~ of Corpus Christi, Texas, is
amended by changing the zoning on 4.90 acres out of Tract 4, Noakes Partition, from
"R-1 B" One-family Dwelling District to "B-4" General Business District. (L11B & M10D)
Metes and bounds description is attached as Exhibit A.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended and a Special Permit is granted for warehouses and limited outside storage
on 4.90 acres out of Tract 4, Noakes Partition, (zoned "B-4" General Business Distdct
by Section I of this Ordinance). Metes and bounds description is attached as Exhibit A.
SECTION 3. That the Special Permit granted in Section 3 of this Ordinance is subject
to a site plan, attached as Exhibit B, and the following four (4) conditions:
1) USES: The only uses authorized by this Special Permit other than those uses
permitted by dghI in a "B-4" General Business Distdct are warehouses and limited
outside storage.
H:~LEG-DIR~JOSEPH~_ONING~4~Z050401A.DOC
2) WAREHOUSES: Warehouse buildings on the property limited to three (3) buildings
with a floor area not to exceed 6,000 square feet for each building.
3) OUTSIDE STORAGE: Outside storage on the property shall not exceed 50,000
square feet and located in accordance to the attached site plan. The outside storage
must be screened from the public right-of-way and adjacent properties with a solid
screening fence having a height of not less than six (6) I~eet.
4) TIME LIMIT: This Special Permit shall be deemed to have expired within one year
from the date of this ordinance unless the property is being used as outlined in Condition
#1 and in compliance with all other conditions.
SECTION 4. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Sections 1
through 4, inclusive, of this ordinance.
SECTION 5. 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 6. That to the extent that the foregoing amendments to the Zoning
Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive
Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 7. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 8. That publication shall be made in the official publication of the City of
Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti.
SECTION 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 8~h day of June, 2004.
H:%EG-DIR',JOSEPH~ZONING-O4~050401ADOC
ATTEST:
Armando Chapa
City Secreta~
!
APPROVED xJ c-,~: 5 2004
/
Josep H~arney~
Assistant City Attorney
For Cit7 Attorney
By:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
3
H:~.EG-DIR~JOSEPH~ZONING~04~Z050401A.DOC
4
Corpus Christi, Texas
day of ,2004
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,
Samuel L. Neal, Jr_
Mayor, The City of Corpus Chdsti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
VV~lliam Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~EG~DIR',..IOSEPH~ONING-O4~ZO50401A.DOC
Apd114, 2004
State of Texas §
County of Nueces §
Being a tract situated in Nueoes County, Texas north oI Up River Road a portion of the 24.18 acre tract
out of Ihe Noakes Land as described in the partition de,ed recorded in Volume 280 at Page 543 of the
Deed Records of Nueces County, Texas, also being deSCribed as Tract 4 of the Noakes Partition and
being more particularly described by metes and bounds as follows:
BEGINNING at a 3 inch pipe found for the southeast comer of Tract 5 of said Noakes Partition in the
northerly right-of-way of Up River road for the southwest comer and POINT OF BEGINNING of this b'act;
THENCE N28°16'E along a fence on the boundary beiween Tract 5 and Tract 4 of said Noakes Partition
a distance of 692.96 feet to a Point for the northwest comer of this b"ac't;
THENCE S61°40'02" E across said b'act for a distance of 303.16 f~et to a Point in the east boundary of
Tract 4 for the northeast comer of this tract;
THENCE S28°19'58" W along the east boundary of Tract 4 a distance of 717.14 feet to a concrete
monument for the southeast comer of this tract said point lying in the north right-of-way line of Up Rh/er
Road;
THENCE N57°05'40" W along the north line of Up River Road a distance of 303.31 feet to the POINT OF
BEGINNING forming a tract embracing 4.90 acres;
Murray Bass, Jr., R.P.L.S
Note: This description has been prepared from documents of record and does not represent a survey
made on the ground.
EXHIBIT A
H:~EG-DIR~JOSEPH~ONING-04~Z05040 lA.DOC
6
EXHIBIT B
H:~_EG-DIR~J OSE PH~_ON I N G~04~.05040 lA. DOC
23
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: June 8, 2004)
Case No.: 0504-02, Farrell M. Smith: A change of zoning from an "1-2" Light Industrial District to
an "I-3" Heavy Industrial District. The property is in H. B. Shepard Farm Lots, being 10 acres out of
Lot 9, located along Bronco Road and 3,050 feet north of State Highway 44.
Plannint, Commission and Staff's Recommendation (05/05/04}: Denial of the "I-3" District, and in
lieu thereof, approval of an "I-2" Light Industrial Dislrict with a Special Perrmt for an asphalt concrete
mixing plant unth aboveground fuel tanks and storage, subject to a site plan and four (4) conditions.
Re~luested Council Action: Denial of the "I-3" District, and in lieu thereof, approval of~n "1-2"
Light Industrial Dis~ct with a Special Permit for an asphalt concrete mixing plant with aboveground
fuel tanks and storage, subject to a site plan and four (4) conditions and adoption of the attached
ordinance.
Puroose of Reclnest: For asphalt concrete mixing plant with aboveground fuel tanks and outside storage.
Summary:
· Applicant requesting a change of zoning from "I-2" District to "I-3" District for an asphalt concrete
mixing plant with above ground fuel tanks and outside storage.
· The property consists of a 338' x 1,288' (10.00 acre) tract with frontage along Bronco Road, a rural
local sn-eet. Bronco Road connects directly to Highway 44 (Agnes Street).
Initially the facility will have an operating capacity of 125 tons per hour. The internal processing area
is planned as a 100' x 250' (0.57 acre) site that will include cold aggregate bins and conveyors, RAP
bras and conveyors, drum rmXer, asphalt cement storage tank, No. 2 fuel oil tank, waste oil fuel mn.k,
bag house, drag slat conveyor, product storage silo, truck load-out, and lime silo. The highest
structure within the area is no more than 40 feet measured from the ground surface.
· The internal aggregate storage area consists of a 280' x 560' (3.60 acres) site. Storage of piled
crushed rocks will occur along the west end of this site.
Pending a change of zoning, consia-uct/on of the facility is planned within sixty-days of receiving an
air quality permit fi'om Texas Commission on Environmental Quality. It is anticipated that the use
will be restricted to daylight operation, per the permit.
Findings from the Airport Department indicated that there is not a problem with the proposed asphalt
concrete mixing plant with above ground fuel tanks, as to compatibility with the existing and future
akpert operations, per the submitted site plan. However, all parties should be aware that a FAA
airspace det~mdnation has not been made with respect to the runway extension proposed to the
northwest. FAA only performs airspace analysis to existing runways, or in certain cases, runway
improvements that are identified in the FAA-approved Airport Layout Plan. Since the proposed
northwest extension is not in the current FAA-approved Airport Layout Plan, a FAA airspace
determination has not been preformed.
A materials handling facihty is located north and west of the subject property and is zoned "I-2"
Light Industrial. South and east of the subject property is agriculture land zoned "I-2" Light
Industrial District. Further south, across Highway 44 (Agnes Street), ~s "I-Y' District property
developed as the Corpus Christi International Airport.
Agenda Memorandum
June 8, 2004
Case No. 0504-02 (Farrell M. Sm/th)
Page 2
· The asphalt concrete mixing plant with above ground fuel tanks could be allowed through a Special
Permit, which is supported by the applicant.
· An "I-2" Dislrict in lieu of the requested "I-3" District is consistent with the surrounding "1-2"
District zoning and the future land use map.
The Planning Commission recommended denial of the "I-3" District, and in lieu ti'm-eof, approval of an
"I-2" Light Induslnal District vath a Special Permit for an asphalt concrete mixing plant with
aboveground fuel tanks and storage, subject to a site plan and the followmg four (4) cond~tious:
1)
USES: The only uses authorized by tl'fis Special P~xnfit other than those uses permitted by fight
in an "I-2" Dismict is an asphalt concrete maXing plant with aboveground fuel lank~ and storage.
2)
INTERNAL PROCESSI]'qG AREA AND ABOVEGROUND FUEL TANKS: The site includes
cold aggregate bins and conveyors, RAP bins and conveyors, drmn mixer, one (1) asphalt cement
storage tank (capacity 22,000 gallons), one (1) No. 2 fuel oil tank (capacity 18,000 gallons), one
(1) waste oil fuel lank (capacity 9,000 gallons), bag house, drag slat conveyor, product storage
silo, truck load-out, and lime silo. The highest structure within the area ~s no more than 40 feet
measured fi-om the ground surface.
3)
INIERaNAL AGGREGATE STORAGE: Outside storage of plied crushed rocks ~s allowed
within tbe subject property. The outside storage must be screened fi'om the pubhc fight-of-way
and adjacent properties with a solid screemng fence bavmg a height of not less than s~x (6) feet.
The outside storage may not be located in the required minimum building setbacks.
4)
TIME LIMIT: This Special pen'mt shall be deemed to have expired with.in one year fi.om the
date of this ordinance unless the property is being used as outlined in Condition #1 and in
compliance with all other conditions.
Apolicant's Position: The applicant concurs with Planning Comrmssion and StaWs recommendation~
Notification: Of the six (6) notices mailed to the surrouadmg property owners, one (1) was returned in favor and
none m opposition. The 20°/° rule is not invoked. This ease is considered noncontroversial.
Michael N. G 'rag, AICP
Assistant Dkector of Development Services /
MG/FGM/er
Attachments:
1) Zoning Report
2) Planning Conamssion Minutes
3) Ordinance
H:hu LN-DIR~ERMA\WORD~AGENDMEM~2004~0504-02AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.: 0504-02
Planning Commission Hearing Date: May 5, 2004
Applicant: Farrell M. Smith
Owner: Same as applicant
Agent: Bass & Welsh Engineering - Murray Bass
Legal Description/Location: H.B. Shepard Farm Lots, being 10 acres out of Lot 9, located along
Bronco Road and 3,050 feet north of State Highway 44 (Agnes S~'eet).
From: "1-2" Light Industrial District
To: "I-3" Heavy Induslhal District
Area: 10.00 acres
Purpose of Request: Asphalt concrete mixing plant w~th above ground fuel tanks and outside
storage.
Existing Land Use
Undeveloped
Materials handling facility
Agriculture and across
Hwy. 44 - Corpus Christi
International AxrpOrt
East "I-2" District Agriculture Light-industhal
}Vest "I-2" Dislrict Materials handling facility Light-Industrial
and agriculture use
Zoning
Site "I-2" District
North "I-2" District
South "I-2" District and across
Hwy. 44 - "I-3" District
Future Land Use
Light-Industrial
Light-Industrial
Light-Industrial and
Airport land use
Area Development Plan: PortYAU]~°rt/Violet- The requested "I-3" District is inconsistent with
the future land use map. The future land use map supports light induslrtal uses. However, a
special perrmt, subject to a site plan is acceptable for the requested use.
Map No.: K12C and K12D
Zoning Violations: None
Zoning Report
Case No. 0504-02 (Farrell M Smith)
Page 2
· Applicant requesting a change of zoning from "I-2" District to "I-Y' District for an asphalt
concrete mixing plant with above ground fuel tanks and outside storage.
· The property consists of a 338' x 1,288' (10.00 acre) Izact with frontage along Bronco Road,
a rural local street. Bronco Road connects directly to Highway 44 (Agnes Street).
initially the facility will have an operating capacity of 125 tons per hour. The internal
processing area is planned as a 100' x 250' (0.57 acre) site that will include cold aggregate
bins and conveyors, KAl? bins and conveyors, drum mixer, asphalt cement storage tank, No.
2 fuel oil tank, waste oil fuel tank, bag house, drag slat conveyor, product storage silo, truck
load-out, and lime silo. The highest strt~cture within the area is no more than 40 feet
measured from the ground surface.
· The internal aggregate storage area consists of a 280' x 560' (3.60 acres) site. Storage of
piled crushed rocks will occur along the west end of this site.
Pending a change of zoning, construction of the facility is planned within sixty-days of
receiving an air quality permit from Texas Commission on Envtronmental Quality. It is
anticipated that the use w~ll be restricted to daylight operation, per the p~nit.
Findings from the Airport Department indicated that there is not a problem with the proposed
asphalt concrete mixing plant with above ground fuel tanks, as to compatibility with the
existing and future airport operations, per the submitted site plan. However, all parties should
be aware that a FAA airspace determination has not been made with respect to the runway
extension proposed to the northwest. FAA only performs airspace analysis to existing
runways, or in certain cases, runway improvements that are identified in the FAA-approved
Airport Layout Plan. Since the proposed northwest extension is not in the current FAA-
approved Airport Layout Plan, a FAA airspace determination has not been preformed.
A materials handling facility is located north and west of the subject property and is zoned
"I-2" Light indus~al. South and east of the subject property is agriculture land zoned "I-2"
Light industrial District. Further south, across Highway 44 (Agnes Stxeet), is "I-3" District
property developed as the Corpus Christi international Airport.
· The asphalt concrete mixing plant with above ground fuel tanks could be allowed through a
Special Permit, which is supported by the applicant.
· An "I-2" District in lieu of the requested "I-Y' Distxict is consistent with the surrounding
"I-2" District zoning and the future land use map.
Zoning Report
Case No. 0504-02 (Fan-ell M. Smith)
Page 3
Street Type
Bronco Road Rural local
Manning Road Current: Rural
local
Planned: Arterial
Highway 44 (Agnes Street) Rural
Expressway
Paved Section
60' R.O.W. w/24' pavement
Current:
Planned: 100' R.O.W. w/76'
pavement
120' R.O.W. w/2 segments
of 24' pavements each
Volume
(2ool)
280 a.d.t.
710 a.d.t_
28,380 a.d.t.
~ Joe Mireur
Road
A Special Permit is recommended for the requested use, subject to a site plan. Primary support of
the use is based on the site plan review of the Airport Department. Any modifications made m the
proposed use are subject to analysis and recommendation of the Airport with request to airspace
operations.
Denial of the requested "I-3" District and in lieu thereof, approval of an "I-2" District with a
Special Permit for an asphalt concrete mixing plant with above ground fuel tanks and storage,
subject to a site plan and the following conditions:
'.gl
2.
[]
~ 3.
USES: The only uses authorized by this Special Pcmfit other than those uses pcmtitted
by fight in an "I-2" District is a asphalt concrete mixing plant with above ground fuel
tanks and storage.
INTERNAL PROCESSING AREA AND ABOVE GROUND FUEL TANKS: The
site includes cold aggregate bins and conveyors, RAP bins and conveyors, dram rmXer,
one (1) asphalt cement storage tank (capacity 22,000 gallons), one (1) No. 2 fuel oil tank
(capacity 18,000 gallons), one (1) waste oil fuel tank (capacity 9,000 gallons), bag house,
drag slat conveyor, product storage silo, truck load-out, and lime silo. The highest
smacmre within the area is no more than 40 feet measured fi.om the ground surface.
INTERNAL AGGREGATE STORAGE: Outside storage of plied crushed rocks ~s
allowed within the subject property. The outside storage must he screened from the
public-right-of-way and adjacent properties with a solid screening fence hawng a height
of not less than six (6) feet. The outside storage may not be located in the required
mimmum building setbacks.
TIME LIMIT: This Special Permit shall be deemed to have exptred witNn one year
from the date of this ordinance unless the property is being used as outlined in Condition
#1 and in compliance with all other conditions.
Zoning Report
Case No. 0504-02 (Farrell M. Smith)
Page 4
Denial of the "I-3" District, and in lieu thereof, approval of an "I-2" Light Industrial Dislnct with
a Special Permit for an asphalt concrete mixing plant with aboveground fuel tanks and storage,
subject to a site plan and the above stated four (4) conditions.
Notices Mailed - 6
Favor - 1
Opposition - 0
(As of May 28, 2004)
Attachment: Zoning Map
Site Plan
Comment Received
H :~P LN-DIR~ERMA\WORD~ZONRPTS~2004/05044)2 REPORT.DOC
B-1 ]-01
T-lB
SEDWICK FOAD
SUBJECT~~CEL.
AGNEs STREET
STATE HIGHWAY 44
ALXS-04-16~)4
Case Z0504-02
Vicinity Map
NORTH
ALXS-04-16-04
Case Z0504-02
Notice Map
NORTH
Figure I
11.1-4 [~MISSION FACTORS 3104
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Case No. 0504-02
Farrell M. Smith h~ petitioned the City of Corpus Chxisti to consider a change of zoning from
"1-2' Light ]nduslrial District to "1-3' Heav'v Industrial District on property described
below:
H. B. Shepard Farm Lots, being 10 acres out of Lot 9, located along Bronco
Road and 3,050 feet north of Stale highway 44.
The Planning Commission may recommend to the City Council olher intermediate zoning
classJficalJons and/or Special PermJls. Approval of a change of zoning, if Jnconsislenl with lhe
City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to
reflect the approved zoning.
The Planning Commission will hold a public heating on XYednesda¥, May 5, 2004 at 5:30 p.m.
The hearing will be held in the City Council Chambers, 1201 Leopard Slreet, to discuss and
formulate a recommendation to the CJly Council. You are jnviled lo atlend Ibis public bearing Io
express your views on this petition_ For further information, please call (361) 826~3560.
Si usted desea dirigirse a la comision y su ingles es limilado, habra un inlerprele del
espafiol al ingles en la junta para ayudarle. Para mas informacion, favor de Ilamar al
Departamenlo de Servicios de Desarrollo al (361) 826-3560.
Disabled persons planning to altend Ibis meeling, who may require special services, are
requested to coutacl the Planning Department at least 48 hours in advance.
Commission prior Io the hearing.
Ex/ORDER TO BE ON RECORD, THIS FORM MAY BE FILLED OUT, SIG]',FED BY
OWNER, AND MAILED TO THE DEPARTMENT OF DEVELOPMENT
CORPUS cHmST~, TEX~S 78469-9277. (AN-Y !qxxFORYdAT]ON PROVIDED BELOWnL~-L'X~91E~']:'13B-EIC ....
RECOKD.)
(VJ IN FAVOR ( ) IN OPPOSITION ~
Planmng cornrmssion Minutes
May 5, 2004
0504-02 - Farrell M. Smith
REQUEST: Change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District to
develop an asphalt concrete mixing plant with above ground fuel tanks and outside storage.
Ms. Faryce Macon-Goode provided graphics of the subject property and the surrounding area.
The zoning report and tape recording are on file. She stated that there were six notices marled. One was
received in favor one in opposition
Excerpts from Zoning Report
Property address/location: H.B. Shepard Farm Lots, being 10 acres out of Lot 9, located along
Bronco Road and 3,050feet north of State Highway 44 (Agnes Street).
A Special Permit is recommended for the requested use, subject to a siteplan. Primary support of
the use is based on the site plan review of the Airport Department. Any modifications made to the
proposed use are subject to analysis and recommendation of the Airport with respect to airspace
operations.
Area Development Plan: Port/Airport/Violet- The requested "1-3 "District is inconsistent with
the future land use map. The future land use map supports light industrial uses. However, a Special
Permit, subject to a site plan is acceptable for the requested use.
Staff recommendx denial of the requested "I-3" District and in lieu thereof approval of an "1-2"
District with a Special Permit for an asphalt concrete mLr~ng plant with above ground fuel tanks and
storage, subject to a site plan and the following condition~
Chairman Beflanga verified that the applicant was in agreement w~th the conditions specified in
the Special Permit.
Chairman Berlanga opened the public hearing.
Mr. Fan-ell M. Smith- Mathis TX - 6367 FR 666, came forward to answer questions. Chairman
Berlanga went over the conditions of special permit. Mr. Smith had questions regarding the permit. He
had not received a copy of the zoning report and did not have a clear understanding of the conditions.
Mr. Kerry Garner, the purchaser of the subject property, and the representative did receive a copy and
were in agreement with the conditions. Mr. Smith was offered the report to read, and then stated that he
was also m agreement with the terms.
There were questions from various Commissioners regarding the following excerpt from Staff's
Summary:
Findings from the Airport Department tndicate that there does not appear to be a problem with
the proposed asphalt concrete mixing plant with above ground fuel tanks, as to compatibility with the
existing and future airport operations, per the submitted stte plan. However, all parties should be aware
that a FAA airspace determination has not been made with respect to the runway extension proposed to
the northwest. FAA only perforrns airspace analysts to existing runways, or in certain cases, runway
improvements that are identified in the FAA-approved Airport Layout Plan. Since the proposed northwest
extension is not in the current FAA-approved Atrport Layout Plan, a FAA airspace determination has not
been preformed
Planning Comrmssion Minutes
May 5, 2004
Case No. 0504-02 (Farrell M. Smith)
Page 2
Mrs. Goode-Macon stated that approval from the airport was received, even though a FAA
airspace determination was not required or performed.
Chairman Berlanga verified with Mr. Garner that he would need to obtain a.n air quality permit
from the Texas Commission on Environmental Quality.
The public heating was closed.
Motion was made by Salazar and seconded by Mires for denial of the "I-3" District and in lieu
thereof, approval of an "I-2" District. Motion was approved unanimously.
Page Ie[ 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
FARRELL M. SMITH, BY CHANGING THE ZONING MAP IN
REFERENCE TO H.B. SHEPARD FARM LOTS, BEING 10 ACRES OUT
OF LOT 9, {CURRENTLY ZONED "1-2" LIGHT-INDUSTRIAL DISTRICT)
BY GRANTING A SPECIAL PERMIT FOR AN ASPHALT CONCRETE
MIXING PLANT WITH ABOVEGROUND FUEL TANKS AND STORAGE,
SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING
THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Farrell M. Smith for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
May 5, 2004, dudng a meeting of the Planning Commission, and on Tuesday, June 8,
2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Chdsti, dudng 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 Cio/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 Chdsti, Texas, is
amended by granting a Special Permit for an asphalt concrete mixing plant with
aboveground fuel tanks and storage and subject to a site plan and four (4) conditions on
H. B. Shepard Farm Lots, being 10 acres out of Lot 9, (currently zoned '1-2" Light
Industrial District), located along Bronco Road and 3,050 feet north of State Highway
44, as shown on the attached Exhibit. (Map K12 C and D)
SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject
to the attached site plan and four (4) following conditions:
1. USES: The only uses authorized by this Special Permit other than those uses
permitted by right in an "1-2" District is a asphalt concrete mixing plant with above
ground fuel tanks and storage.
H;~t_EG-DIR~JOSE PH~ONING~4~D504-O2SPECIALP E RMIT. DOC
Page 2 of 4
INTERNAL PROCESSING AREA AND ABOVE GROUND FUEL TANKS: The
site includes cold aggregate bins and conveyors, RAP bins and conveyors, drum
mixer, one (1) asphalt cement storage tank (capacity 22,000 gallons), one (1) No.
2 fuel oil tank (capacity 18,000 gallons), one (1) waste oil fuel tank (capacity
9,000 gallons), bag house, drag slat conveyor, product storage silo, truck load-
out, and lime silo. The highest structure within the area is no more than 40 feet
measured from the ground surface.
INTERNAL AGGREGATE STORAGE: Outside storage of plied crushed rocks is
allowed within the subject property. The outside storage must be screened from
the public-right-of-way and adjacent properties with a solid screening fence
having a height of not less than six (6) feet. The outside storage may not be
located in the required minimum building setbacks.
TIME LIMIT: This Special Permit shall be deemed to have expired within one
year from the date of this ordinance unless the property is being used as outlined
in Condition #1 and in compliance with all other conditions.
SECTION 3. 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 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti,
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 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 arr~gnded 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 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 8. That upon wdtten request of the Mayor or five Council members, copy
affached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 8m day of June, 2004.
H:~LEG~)IR~J OSE pH~.ONING-04~)504-02S P ECIALPERMIT. DOC
Page 3 of 4
All'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED J~,- ~
Joseph a~mey~' ~
Assistant City Attorney
For City Attorney
2004
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:~EG-DiR'iJOSE PHkZO NIN G-04~0504~2 SPECIALPERMIT.DOC
Page 4 o[ 4
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set for[h 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 Chdsti
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-Dt RUOSEPH~.ONIN C--04~504-02S P ECIALP E RMIT.DOC
ALPINE
MINERAL
PROCESSING
N
,Z
MEXICAN
RAILWAY
CORPUS CHRISTI
INTERNATIONAL
AIRPORT
LOCATION MAP
SCALE: 1 "= 1000'
Jc~ N=' 04012
..~.--i~l~-' 1 lm 1000'
~)~- 0~l 13--04
Orow~g N~' 04012
Plotsc:~&- 1:1
Sheet I of 2
5g.0671 ACRES OF
LOT 14 H.B. SHEPPARD
FARM LOTS
VOL A, PG. 51
H_R.N_C.T.
MINERAL PROCESSING & Id~G. INC.
CI_ERK FILE I~ 200400///4
OFFICAL RECORDS NUECES COUNTY. ~
I
10.0 A4:3~:S
NORTH PORTION OF
LOT 9 H.B. SHE]3PARD
FARM LO~S
VO~_ A. PG. 51
M.RJ~.C.T.
· .N~9'1~ 17"E I ?1~.~6'
.~9' 14'46'W 1288.17'
LOT g H.B_ SHEPPARD
FARM LOTS
VOL. A, PG. 51
M R.N_C.T.
N
iI
TI ACT TO BE REZONED
~a~ ~ Welsh Eng/neer/ng
Corpus Christ;. Tx. 78404
(561) 862-5521 (phone)
(561) 882-1265 (fox)
J~b N~' 04O12
Oo t~.' 04-13--04
Drawing No: 04012
2 of 2 .~
S~e~t
BASS ~ WELSH ENGINEERING
Grosstown A~r~a - Preliminary Plat
Field Note Description
~m[u of Tex~a §
Betty] a Imct sltua~d In Corpus ChdSal Nueees Coun~ Texas, e por~ of L~ 9, H_B. Sttepercl From Lois, as
sfl0~Vll 0fl the map Itmreof recoiled In Volume 'A' at Page 51, of the Map R~ of Nuee~s County, Trams
BEGINI~NG et a point In the w~t I~ht-of-ww of the 60 foot wide Bro~co Road In the eesl~ of Lot O,
w'~nce the normeast comer of I.m 9 I~ars N0'40'27'W at 338.1~ fo~ ~ce conltmJ~g b~40'27"E
along Ihe eeeffine of Lot g and I~e west right-of-way of Bronco Road e cl~nce 338_15 feet fo a 5/~ Inch
Thence Sag '14'46'W acro~s Lot 9, a d'es~n~;e of 1288.17 feet to a 5,'8 Inch iron rod eot In the west line of Lot
9. f~ the southw~t comer of ttds In~,
Thence N0'47~9'W along ffm westfine of Lot 9, a distance 337.97 feet fo a 5/~ inch Iron rod found for the
northwes~ cornel of tht~
Thence N89'14'17'E across Lot 9 a distance 1288.86 feet fo the POINT OF BEGINNING forming a kect
ambling 10.0 ecre~.
M~: sJh
Note: Bearings are b-'rate of Tex~ra Lambert Gricl, South Zone, NAD 1983, U.S. Feet
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 06/08/04
AGENDA ITEM: A public hearing will be held June 8, 2004 by the Corpus ChdstJ City Council on
the annual budget adopted by the Corpus Chdati Crime Control and Prevention District Board of
Directors. The public headng will be held dudng the regular City Council meeting that
commences at 10:00 AM, in City Council Chambers, First Floor, C~ Hall, 1201 Leopard. Corpus
Christi, Texas. Any resident of the Disthct is entitled to be present and participate at the hearing.
A copy of the proposed budget may be obtained in the olfice of the Corpus Chdsti City
Secretary.
CITY STAFF available to answer questions
1. P. AJvarez, Jr.
2. Bryan Smith
3. Pat P_Eldndge
4. Debbie Marroquin
Title
Chief of Police
Commander
Senior Management Assr
Acting Director
DepUOivision
Police
Police
Police
Mgt and Budget
OUTSIDE INDIVIDUALS available to answer questions
Name T~Je/Position
1. Unda Bridges President
2.
Organization
Crime Control Board
ISSUE: By State statute, the City Council is required to hold a public headng on the Cdme
Control and Prevention District adopted FY 2004/05 budget no later than the 45th day before the
fiscal year begins.
REQUIRED COUNCIL ACTION: '. By State statute, the District is required to hold a public
headng on the proposed budget no later than the 100~ day before the risc. al year begins and
must adopt the budget no later than the 80~' day before the fiscal year begins. The Board of
Directors of the Crime Control and Prevention District held a public headng on Apdl 21 and
adopted the budget on Apd121. 2004. The public headng by the City CouncJI was advertised in
the Corpus Christi Caller Times on May 28 as required 10 days before the public hearing. The
City Council must approve or reject the budget no ~ater than the 30~ day before the fiscal year
begins (tentatively scheduled for June 22'~)
Attachments: Adopted budget
Board of Directors
Linda Bridges, President
LanT Baker, Vice-
President
John Heldenfels,
Secretary
Vicki Alexander
Diane Gatica
W L Helrmis
Butch Pool
Keith Rose
Rose Marie Soto
Crime Control and Prevention District
Corpus Christi, Texas
P. O. Box 9016
Corpus Christi, Texas 78469
April 28, 2004
Mayor Loyd Neal
Members of the Corpus Christi City Council
P. O. Box 9277
Corpus Christi, Texas 78469
Dear Mayor and City Council Members:
On April 21, 2004 the Crime Contxol and Prevention District Board of
Directors held a public hearing to discuss the FY 04/05 budget as
required by state statute. The Board adopted the budget on the same
day, April 21, 2004.
There are no changes from the budget as presented to you at the City
Council meeting on March 30, 2004.
Sincerely,
~nda Bridges, President
City of Corpus Christi
Crime Control & Prevention District
FY-2002/2003 Actual Year End Numbers
FY-2003/2004 Year End Estimates
FY-2004/2005 Preliminary Budget
CRIME CONTROL & PREVENTION DISTRICT
TABLE OF CONTENTS
Page
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
PROGRAM
Financial Statement
Legal Advisor
Police Officer Costs
Support Personnel
Pawn Shop Detail
MDT/AVL Technical Support
Street Lighting
Public Safety Vehicles & Equipment
Police Academy Costs
Election Costs
Juvenile Assessment Center
Citizen Advisory Councils
Juvenile City Marshals
5 Year Revenue & Expenditure Projection
5 Year Revenue & Expenditure Projection
Presented To Board On 03/19/2003-(for
comparison purposes only)
Org.
11710
11711
11712
11713
11714
11716
11717
11718
49001
49002
49O08
49010
Crime Control & Prevention District
FY-2002/2003 Actual Revenue & Expenditure Numbers
FY-2003/2Q04 Year End Revenue & Expenditure Estimates
FY-2004/20~5 Preliminary Budget
Actual Amended Estimated Prelimlnary
2002-2003 2003-2004 2003-2004 2004-2005
Be;llnnlng Balance
Revenues
Sales Tax
Interest on Investments
Miscellaneous
2,834,034 2,195,883 2,195,883 2,085,607
3,709,741 3,824,060 3,824,060 3,938,782
38,203 53,527 43,918 41,712
26,516
Total Current Revenues
Total Funds Available
3,774,460 3,877,587 3,867,978 3,980,494
6,608,493 6,073,470 6,063,861 6,066,101
Expenditures
Legal Advisor 41,105
Police Officer Costs 3,188,424 3,227,280 3,309,374 3,557,745
Support Personnel 251,033 80,388 66,861 69,277
Pawn Shop DetaIl 55,802 62,086 62,403
MDT/AVL Technical Support 123,280 128,796 120,430 129,815
Street Lighting 5,709 21,162 1,335
Public Safety Vehicles & Equip. 173,754 20,600 16,600 109,000
Police Academy Costs 7'7,157
Election Costs 68,604
Juvenile/~sessment Cente~ 295,122 320,243 294,476 345,277
ClUzen Advisory Councils 20,509 20,000 11,291 10,003
Juvenile City Marshals 109,111 119,610 95,486 134,400
Total Expenditures
4,412,611 4,000,185 3,978,254 4,355,517
Ending Balance
2,195,883 2,073,287 2,085,607 1,710,5lkt
Surplus I (Deficit)
(638,151) (122,598) (110,276) (375,024)
1. Pawn Shop Detail:
Confirms past acUofl of board to not r~new pawn shop detail e3 scheduled In previous budget edopUons.
2. Public Safety Vehicles & Equipment:
Replacement vehicles reduced from 8 to 5 vehicles as per board action.
I
1
2
Crime Control & Prevention District
Legal Advisor/11710
Expenditure Budget
Actual Amended
2002-2003 2003-2004
Estimated Proposed
2003-2004 2004-2005
Salaries & Wages 29,861
Other Pay 113
Retirement 5,783
Group insurance benefits 1,960
Fuel & Lubricants 3,022
Books & periodicals
Minor tools & equipment
Minor computer equipment
Professional services
Vehicle repairs 31
Self Insurance allocation 336
Computer equipment
Total Costs 41,105
Positions: 2002-03 2003-04
Attorney II I 0
Position transferred to Legal Dept, In General Fund,
Crime Control & Prevention District
Police O [ricer Costs/11711
Expenditure Budget
Actual Amended Estimated Proposed
2002-2003 2003-2004 2003-2004 2004-2005
Salaries & Wages 2,042,024 1,928,778 2,056,350 2,140,209
Overtime 142,253 177,498 156,488 181,492
Other Pay 107,998 123,618 113,752 126,399
Retirement 439,290 433,182 433,688 507,798
Group Insurance benefits 230,233 277,692 277,692 319,346
Clothing 36,193 34,368 34,368 35,281
Fuel & lubricants 33,368 25~750 25,750 29,559
Food and food supplies 207 92 150
Books & perledlcals
Minor tools & equipment 2,923 20,436 3,436 3,179
Minor computer equipment 1,842
Office supplies 4,405 3,839 3,839 4,122
Professional services 2,049 105 1,077
Vehicle repairs 303 1,500 1,500 902
Mileage reimbursement (49) (448) -
Postage & express charges -
Equipment maintenance 250 1,515 1,815 1,033
Travel
Supplemental Insurance 37,200 37,200 37,200 37,200
Self Insurance allocation 109,776 161,904 161,904 169.999
Other equipment - -
Reimbursement
Total Costs 3,227,280
3,186,424 3,309,374 3,557,745
Schedule Of Police Offlce~ Deployment:
Universal HJHng Program 10
Additional Officers - July 1999 5
Additional Officers - February 2000 15
Add~onal Officers · July 2000 10
Additional Officers - April 2002 10
Totnl Police Officers 50
Positions: 2002-03 2003-04
Police Officers 50 50
2OO4-05
50
Crime Control & Prevention District
Support Personnel/11712
Expenditure Budget
Actual Amended
2002-2003 2003-2004
Estimated Proposed
2003-2004 2004-2005
Salaries & Wages
Overtime
Other pay
Retirement
Group insurance benefits
Fuel & lubricants
Office supplies
Vehicle repairs
Sell' Insurance allocaUon
Total Costs
142,606 53,306 44,134 43,865
18,212 2,851 1,027 2,000
1,046 702 795 737
30,758 11,031 8,713 9,647
52,279 5,412 5,412 6,224
606
3OO
6,131 6,480 6,480 6,804
251,033 80,388 66,861 69,277
PoslUons: 2002-03
Office Assistant II 2
Senior Staff Assistant 0
FuncUonal Analyst V 1
Functional Analyst 0
Public Safety Dispatcher 7
Crime Scene Technician I 1
Total Positions 11
2003-04 ·
0
1
0
1
0
0
2
2OO4-05
0
0
0
1
0
0
1
4
Crime Control & Prevention District
Pawn Shop Detail/Il713
Expenditure Budget
Actual Amended Estimated Proposed
2002-2003 2003-2004 2003-2004 2004-2005
Salaries & Wages 40,376 40,540 41,776
Over'time 438 916
Other pay 403 415 419
ReUrement 7,938 8,123 8,216
Group Insurance benefits 8,824 5,412 5,412
Office Supplies 200 100
Self Insurance allocation 824 6,480 6,480
Total Costs 58~802 62,086 62,403
Positions:
Office Assistant II
Senior Staff Assistant
2002-03 2003-04
3 0
0 2
3 2
20O4-O5
0
0
0
Program phased out in 04/05 by board action of meeting on 03/17/04.
5
Crime Control & Prevention District
MDT/AVL Technical Support/11714
Expenditure Budget
Actual Amended Estimated Proposed
2002-2003 2003-2004 2003-2004 2004-2005
Salaries & Wages 84,515
Overtime 1,488
Other pay 914
Retirement 16,580
Group Insurance benefits 10,631
Minor computer equipment 8,312
Office supplies
Self Insurance allocation 840
Total Costs 123,280
89,856 85,328 90,306
3,724 1,560 1,600
842 842 884
18,318 16,644 19,208
9,576 9,5-76 11,012
6,480 6,480 6,804
128,796 120,430 129,815
Positions: 2002-03
Functional Analyst V 1
Functional Analyst 0
Technical Specialist Vl 1
Technical Specialist 0
Total Positions 2
2003-04 2004-05
0 0
I 1
0 0
I 1
2 2
6
Crime Control & Prevention District
Street Lighting/11716
Expenditure Budget
Actual Amended Estimated Proposed
2002-2003 2003-2004 2003-2004 2004-2005
Professional services
Equipment maintenance
Total Costs
5,709 21,182 1,335
5,709 21,1 82 1,335
Crime Control & Prevention District
Public Safety Vehicles & Equipment/Il717
Expenditure Budget
Actual Amended Estimated Proposed
2002-2003 2003-2004 2003-2004 2004-2005
Purification chemicals
Minor tools & equipment 21,990
Minor computer equipment
Minor office equipment
Office supplies
Vehicle repairs 868
Postage & express charges
Equipment maintenance
Vehicles & machinery 150,896
Other equipment
Computer equipment
Total Costs 173,754
109,000
2O,6OO 16,600
20,600 16,600
FY-2002-03-7 replacement vehicles
F'Y-2OO3-O4~radlos & MDT/A VLS
FY-2005/06-5 replacement vehicles i ~
FY-2007/08-5 replacement vehicles
Vehicles reduced by board action of meeting on 03/17/04.
8
Crime Control & Prevention District
Police Academy/11718
Expenditure Budget
Actual Amended
2002-2003 2003-2004
Estimated Proposed
2003-2004 2004-2005
Salaries & Wages 64,083
Overtime
Other pay
Retirement 11,992
Insurance
Clothing
Books & periodicals 739
Food & food supplies
Minor tools & eciulpment
Office supplies 80
Proressional Services 275
Telephone/telegraph service (13)
Postage & express charges
Trelnlng A]ds
Fuel & Maintenance
Vehicle Costs
Self Insurance allocation
Total Costs 77,157
Schedule Of Police Officer Deployment
Universal HIHng Program
Additional Officers - July 1999
Addittonat Officers - February 29~0
Additional Otflc~rs - July 2000
Additional Officers -April 2002
Total Police Offlcer~
This program Is phased out ss all police
officers have been deployed as per original
goals of Crfme Dl$~Hct
9
Crime Control & Prevention District
Election Costs/49001
Expenditure Budget
Actual Amended Estimated Proposed
2002-2003 2003-2004 2003-2004 2004-2005
Professional Services 68,604
Total Costs 68,604
10
Crime Control & Prevention District
Juvenile Assessment Center/49002
Expenditure Budget
Actual Amended Estimated Proposed
2OO2-2003 2003-2004 2003-2004 2004-2005
Salaries & Wages 175,337
Overtime 1,741
Other pay 703
Retirement 31,234
Group insurance benefits 30,523
Food & food supplies
Minor tools & equipment
Minor office equipment
Office supplies 1,239
Maintenance materiels
Maintenance & repairs
Professional services
Temporary services
Postage & express charges 969
Rentals 47,666
Mileage reimbursement 1,290
Telephone/telegraph service 1,0a.~.
Building maintenance & serv. 84
Trelnlng-cjeneral 0
Printing advertising & PR 858
Printing outside print shops
Travel
Self Insurance allocation 2,436
Total Costs 295,122
179,73O
2,122
35,279
21,984
1,530
1,224
48,556
1,530
3,856
1,020
0
1,020
1,020
21 ~372
320,243
151,959
9O3
28,346
21,984
1,530
10,792
224
48,556
1,530
3,856
9OO
475
9O0
130
1,020
21,372
294,476
194,787
2,228
40,784
25,282
1,530
100
5O0
514
48,556
1,530
3,856
750
5OO
75O
150
1,020
22,441
345,277
Positions: FY-2002/2OO3 2002-03
Office Assistant II 1
Staff Assistant 0
Intake Specialist 2.6
Program Manager 1
Juvenile Assessment Center SupL 0
Case Manager 2
Administrative Assistant 0
Total Positions 6.6
2OO3-O4
0
1
2.6
0
1
2
0
6.6
2OO4-05
0
0
2.6
0
1
2
1
6.6
11
Crime Control & Prevention District
Citizen Advisory Councils/49008
Expenditure Budget
Actual Amended Estimated Proposal
2002-2003 2003-2004 2003-2004 2004-2005
Minor tools & equipment 7,414
Minor computer equipment
Office supplies -
Maintenance & repairs
Maintenance materials 255
Professional services 2,500
Postage & express charges 263
Telephone/telegraph svc.
Memberships & dues
Printing advertising & PR 10,078
Total Costs 20,509
2,003 2,003
10,000 4,144 4,000
4,000
10,000 5,144 -
20,0OO 11,291 10,003
12
Crime Control & Prevention District
Juvenile City Marshals/49010
Expenditure Budget
Actual Amended Estimated Proposed
2002-2003 2003-2004 2003-2004 2004-2005
Salaries & Wages 46,323
Overtime 22,332
Other pay 200
Retirement 13,310
Group Insurance benefit 6,382
Professional services 20,000
Self Insurance allocation 564
Totals 109,111
86,246 61,817 91,174
4,497 5,000
16,732 12,539 19,909
8,532 8,532 9,812
8~100 8,100 8,505
119,610 95,486 134,400
Positions: 2002-03 2003-04 2004-05
Deputy City Marshal 2.5 2.5 2.5
13
25
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Overview of Flicks In the C/fy, a joint venture between the City of
Corpus Chdsti, Corpus Christi Focus, an independent organization interested in the
development of downtown, and the Downtown Management District (DMD).
STAFF PRESENTER(S):
Name
1. Margle Rose
Title/Position Department
Assistant City Managerllnterlm Director
Park and Recreation Department
OUTSIDE PRESENTER(S):
Name
1. Kendra Klnnlson
2. Norma Urban
TltlelPoslflon
Coordinator
Director
Organization
Corpus Christi Focus
ISSUE: Bringing in new audiences to the downtown area to enjoy family
entertainment. Entertainment will include movies projected on the old Ward's
Building, music by local bands, a children's area and refreshments.
BACKGROUND: Corpus Christi Focus, the Downtown Management Dis'o'ict and the
City of Corpus Chdsti have all worked towards energizing the downtown area. This is
a collaborative effort, each providing resources to make the event a ~uccess.
REQUIRED COUNCIL ACTION; None
Additional Background
Exhibits
Margie C. Rose, Assistant City Manager
Intedm Director, Park and Recreation
Corpus Christi FOCUS is proud to present FLICKS IN THE CITY.
For the past few months, Corpus Christi FOCUS has laken on Ihe challenge of bringing our downtown area back to lif~. We
have recently spent time cleaning up the sit.els and buildings of downtown 1brough the success of our Du~l Off Downtown
da~, and new we are ready Io show it oFfi
Together with the City oF Corpus Christi and the Downtown Manaoemenl Di~lri~l, FOCUS has creeled an exciling new event
to give families and individuals of all ages a unique evening of lun that everyone can afford.
Flicks In Ihe City invites people of all ages la spend a summer evening downtown for a Free ouldoor movie experience. The
venue will be in the heart of our city with a wonderful flamily atmosphere. FOCUS is continuing our "Dusl Off Downlown'
effort~ by re~rbishing the wall of the Ward Building on Chaparral Slreet. We are repairing the wall and painting it white so ~1
will be a per~ec~ location for outdoor rnovie~l This event is pad of an e~tended effort to reintroduce downtown Io people that
would not ordinarily freduent the downtown area,
Flicks In the Cisy will be taking place 6 time~ this summer.
Salurday~
June 12th and 26th
July loth and 24th
Augusl 7th and 21st
Gates open at 6:30 with live music, face painting, activities and concession stands.
The movie will starl at 8:45 and be projected on the Ward Building wall downtown
on the corner of N. Chaparral Street and Schatzell Streel.
Admission is FREEI
Bring a blanket or lawn chair.
Flicks Fans may bring coolers and food, but please, NO GLASS and NO ALCOHOL.
Police officers will be on site as well as a first aid area sponsored by the Doctor~ Center.
Chaparral Street w~ll be closed from Lawrence Io Peoples. Schat'zel Streel will be closed From Water Street t~ ,V~squite.
Each event will have a theme and the movie will rofle~ct thai 1hame.
The IIr~ event, sponsored by the Corpus Chrlslt Hooks,
~111 feature the Iheme of B~r.~ball. Enter to win an autographed
Nolan Ryan baseball and other HOOKS merchandisel
TO FIND OUT MORE about FLICKS IN TIlE CITY:
Call Andrea Martinka, FLICKS IN THE CI~Y Director, at 361-522-8109 or email her at amactinko@cd~.cus.com or visit the
FOCUS web site at htlp://www.cc~ocus.com
Who and What is FOCUS:
FOCUS, which ~lands for 'Focus On a Creative Urban Sociely' is a non-prom organization made up of young pro~ssionals
We are dedicated to improving the quality of I~fe in Corpus Chri~ by un~ling diverse members oF our community and utilizing
creative approaches Io solve urban problems.
FOCUS Mission:
We will advocate creativity in Corpus Christi, for we believe through creativity Ilow~ innovation that will further
aur city's quality of lif~
SEE YOU DOWNTOWN! /:c~,u O~r~sU, TX
Nate la all radio, tv, newspaper and olher media outlels: Please do not repast the Iltle of any of the mo~e~ being s~nown,
Doing so is a v~o~ato~ of our ficenr~ng agreemenl and w~uld jeopardize Ihe entire pe0je~t. We appree/at~ your cooperation.
Special thanks
Fulton~Coastcon
26
AGENDA MEMORANDUM
June 8,2004
AGENDA ITEM: Motion authorizing the City Manager,. or his designee, to execute an
architectural/engineering services contract with Pierce, Goodwin, Alexander and
Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $1,375,025 for
multiple Airport Improvement Projects including Runway 13/31 Rehabilitation,
Oveday, Blast Pads, Shoulders and Edge Lighting (Project No. 1092); Airfield
Drainage Improvements Ph. 3 (Project No. 1093); Runway 13 Localizer Relocation
(Project No. 1094); and the CCIA Master Plan Update (Project No. 1095).
FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants.
RECOMMENDATION: Approval of the motion as presented.
Dave Hamdck
Director of Aviation
Escobar, P. E.
Oirector of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Responding Teams
Exhibit C. Contract Summary
Exhibit D. Location Map
BACKGROUND INFORMATION
PRIOR COUNCIL/ADMINISTRATIVE ACTIONS:
ADDITIONAL INFORMATION:
The City has successfully utilized a multi-year engineering contract to take advantage of
year end FAA Discretionary funds. The FAA typically requires that a contract be awarded
and the funds encumbered prior to the end of their fiscal year. The ability to meet these
time constraints requires that the City have a consultant already under contract. The
consultant can be authorized to proceed with such projects as funding becomes available.
CONSULTANT SELECTION:
A Request for Proposals was issued listing the projects which may be undertaken dudng
the next five years. Proposals were received January 9, 2004 from six teams. Due to the
wide range of specialization required by the various projects, most firms included multiple
firms. All of the teams included local consulting firms. Five of the teams were led by non-
local firms. One team was led by RVE of Corpus Chdsti. A list of the responding firms and
their sub-consultants is attached. See Exhibit B.
The responding firms were rated in accordance with the cdteria set forth in the RFP. The
City Policy on procurement of professional services directs that projects utilizing federal
comply with the applicable federal regulations. FAA regulations specifically prohibit the use
of local preference as part of the selection process for professional services.
Four teams were selected to make presentations to the selection committee. The
presenting teams consisted of:
Principal
Carter & Burgess
Gresham Smith & Partners
Sub-Consultants
Shiner, Moseley & Associates
Martinez, Guy & Maybik
Rincondo Associates
Olivarri & Associates
M Arthur Gensler & Associates
CAGE, Inc.
Ross & Baruzzini
LNV, Inc.
Delta Airport Consultants
Shiner~, Moseley & Associates
CAGE, Inc.
H:~--~OME~J(EVIN S\GE NWJ R~0041rnprovemenls~AE-PGAL~Awd BkgExhA.d oc
Page I of 3
Pierce Goodwin Alexander &
Linville (PGAL)
RVE, Inc.
Parsons Bdnkerhoff
Hicks & Company
Olivarri & Associates
Chiang, Patel & Yerby
RMD Consulting
Martinez, Guy & Maybik
Freese & Nichols
Corgan & Associates
Coffman Associates
The firm of PGAL was ranked as having the best qualifications by the selection committee.
PGAL had the greatest understanding of the complete complexity of aviation services
potentially required. Their presentation was particularly strong in regard to environmental
assessments, security, and pdodtization of projects. PGAL's team members have
significant experience. Their sub-consultants have significant aviation experience in
specialty areas (Aviation Master Plans, security & access, baggage handling, etc.). Their
local sub-consultants possess experience in those areas that can be best performed
locally. Their local sub-consultants are:
· Coym, Rehmet, & Guitierrez;
· Martinez, Guy, Maybik; and
· Olivarfi Associates'
CONTRACT SUMMARY:
The contract will permit the City to respond quickly to FAA Discretionary Funding that
becomes available. This contract is intended to be for a five year term, and will be
amended to authorize the fee for future projects as funding becomes available. The four
initial projects that will be bid dudng FY2004-2005 are:
· Runway 13/31 Rehabilitation, Blast Pads and Shoulders Improvements;
· Airfield Drainage Improvements, Phase 3;
· Runway 13 Localizer Relocation; and
· CCIA Master Plan Update.
The schedule for completion of the remaining projects will be established as funding is
identified. The other projects which are programmed to be undertaken in the future
include:
Construct Runway 17/35 Blast Pads;
Terminal Modifications for EDS Equipment;
Construct Runway Extension 13/31 - Design Only;
Update Airport Master Plan Study (ALP, ETC.);
Improve Airport Drainage - (Ph 4-New ATCT);
IEXHIBIT A I
Page 2 of 3
H :~-I OM E'~EV1N S\G E NV~I R~ 0941 rnp rove me n [sV~E - P GALV~EAwd B kg Exh A- doc
· Improve Airport Drainage - Phase 5 (Southwest/Line C);
· Extend Runway 13/31 - Construction;
· Rehabilitate Runway 17/35; and
· Rehabilitate West GA Apron (AF Drainage Phase II)
A contract summar,/is attached. See Exhibit C.
FUNDING:
Funding is available from the FAA Grants and Airport CIP Funds.
95% of the cost for this contract.
FAA Grants will fund
BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and
recommended its approval.
H:~O~E~,EVINS\GEN~JR~-~OO4In~i~ovemenlsV~E-PGAL¥~EAwd Bkg ExhA_doc
Page 3 of 3
RFP2003-08 ArchitecturallDeslgn Services
AIRPORT IMPROVEMENT PROJECTS - CCIA
CITY OF CORPUS CHRISTI, TEXAS
Carter & Burgess
Principal
Gresham Smith & Partners
KIotz Associates
Pierce Goodwin Alexander & Linville
Sub-Consultants
Shiner, Moseley & Associates
Martinez, Guy & Maybik
Rincondo Associates
Olivard & Associates
M. Arthur Gensler & Associates
CAGE, Inc.
Ross & Baruzzini
LNV, Inc.
Delta Airport Consultants
Shiner~, Moseley & Associates
CAGE, Inc.
Aviation Alliance
Berg-Oliver Associates
Cage, Inc.
Martinez Corporation
M.E.P. Consulting Engineers
Naismith Engineers
Ricondo & Associates
Texas Geo Tech
Parsons Bdnkerhoff
Hicks & Company
Olivard & Associates
Chiang, Patel & Yerby
RMD Consulting
Martinez, Guy & Maybik
Exhibit B I
Page 1 of 2
Reynolds, Smith & Hills
RVE, Inc.
Urban Engineering
Bath Engineering Group
Shiner Moseley & Associates
Olivarri & Associates
Simat, Helliesen & Eichner
Freese & Nichols
Corgan & Associates
Coffman Associates
Exhibit B I
Page 2 of 2
CONTRACT SUMMARY
1. SCOPE OF PROJECT Airport Improvement Projects
"Runway 13/31 Rehabilitation, Blast Pads and Shoulders Improvements" Airfield
Drainage Improvements, Phase 3", "Runway 13 Localizer Relocation", and "CCIA
Master Plan':Update" must be completed and ready for award during FY2004-2005.
The schedule for completion of the remaining projects will be established as funding is
identified. The Engineer is authorized to proceed with the "Runway 13/31
Rehabilitation, Blast Pads and Shoulders Improvements", "Airfield Drainage
Improvements, Phase 3", "Runway 13 Localizer Relocation", and "CCIA Master Plan
Update" projects immediately. The Engineer must receive authorization in writing prior
to proceeding with any additional projects. Additional projects will be undertaken as
funding becomes available.
Runway 13131 Rehabilitation, Overlay, Blast Pads, & Shoulders Project No. 1092
This project includes the asphalt oveday and repair of base failures as well as
construction of asphalt shoulders and blast pads to meet design standards for Group IV
aircraft. Drainage improvements will include increasing the storm water storage
capacity between Runway 13/31 and Taxiway B to meet FAA-approved 25-year storm
event. Shoulder improvements provides for the addition of addition of 25-feet wide
shoulders including earthwork, lime stabilized sub-grade, 8" sub-base, a 4" HMAC base,
a 2" HMAC surface course and underdrain revisions. The Rehabilitation portion of the
project will include surface milling for oveday, a recycle program, 4" HMAC Overlay,
joint treatment, transverse grooving, barricades, and pavement markings. Blast Pad
Improvements include removal of existing material, lime stabilized sub-grade, a 12-inch
sub-base, a 4-inch HMAC base course, and a 4-inch HMAC surface course. Sub-base
repair will include removal of runway (12-inch HMAC-Base), 8-inch cement treated
base, and modifications to the under drain system. The Engineer will include
coordination of end drainage and grading improvements separately awarded by the
City. The Engineer will include in the bid, contract and plan documents drainage and
lighting improvements supplied by the City. Pre!iminar7 Construction Estimate for
PGAL designed work: $8,490,325.
Airfield Drainage Improvements, Phase 3 Project No. 1093
Airfield Drainage Phase 3 will provide improvements to the mid-field drainage area and
Runway 13-31 related drainage improvements, following the recommendations of an
Airfield Drainage Study. Designed to meet a 25-year storm event, work will include
increasing storm water storage areas and culvert capabilities. New headwalls will be
installed and re-grading will be performed as necessary. This project will also include
re-grading the mid-field areas of Runway 13/31. Preliminary Construction Estimate:
$1,551,25O.
Exhibit C
Page 1 of 3
Runway 13 Localizer Relocation Project No. 1094
Runway 13 Localizer Relocation will provide the necessary equipment relocation. The
relocation will be in accordance with FAA requirements and be coordinated with other
projects to minimize runway closures. Preliminary Construction Estimate: $155,000.
CCIA Master Plan Update Project No. '1095
A major portion of the Airport Master Plan updated in 1999 has been implemented.
Further, a number of conditions affecting future airport operations have changed. The
FAA is encouraging CCIA to update the Master Plan every five years to recognize the
changed conditions and be reflective of work that needs to be undertaken. Preliminary
Const Estimate $600,000.
The Summary of Fees table is on the following page:
Exhibit C
Page 2 of 3
Fee for Basic Services
1. Preliminary Phase
2. Design Phase
3. Bid Phase
4. Construction Phase
Subtotal Basic Services Fees
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
Wetlands Delineation and Permit
Temporary Discharge Permit
NPDES Permit/Amendments
TCEQ
Texas Historical Commission
U.S. Fish and Wildlife Service
U.S, Army Corps of Engineers
U.S. Environmental Protection Agency
Texas Department of License and
Regulation
Total Permitting
1. Topographic Survey
2. Master Planning
Sub- Total Additional Services Fees
Authorized
Total Authorized Fee
13/31
Rehab wi Drainage 13 Locallzer
Shoulders Phase 3 Relocation
124,980 22,560 4,530
329,660 101,820 20,260
18,535 4,510 925
73,625 23,940 4,510
546,800 152,830 30,225
0
0
Airport
Master Plan
Update
Total
0 152,070
0 451,740
0 23,970
0 102,075
0 729,855
0 0
25,270 15,000 4,900 0 45,170
0 0 0 600,000 600,000
25,270 15,000 4,900 600,000 645,170
600,000
$572,070
$167,830 $35,125
Exhibit C
Page 3 of 3
$1,375,025.00
~le .' \Mprojec[\councilexhibits\exh 1091, 1092, 109.3, 1094, 1095.dwg
San Patricio County
CORPUS
CHRISTI
BAY
PROJECT LOCATION
1000 INTERNA770NAL DRIVE
CORPUS CHRIS]7, TE~
LOOATZON MAP
NOT TO SCALE
CESAt? CHAVEZ BLVD.
HWY 44
AGNES RD.
N
CITY PROdECT No.
SITE LOCATION
NOT TO SCALE
1091, 1092, 1093, 1094, 1095
EXHIBIT "D"
MUL T£PLE AIRPORT IMPROVEMENTS PROJECTS
RUh'ttAY 13131 REHABr-LZTATZON, OVERLAY, BLAST PADS, SHOULDERS AND
EDGE LIGHTING, AIRFIELD DRAINAGE II~PROVEIIENTS PHASE 3,
RUiWIAY 13 LOCALIZER RELOCATION, COIA IIASTER PLAN UPDATE
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I ol= 1
DATE: 06-04-2004
27
CITY COUNCIL
AGENDA MEMORANDUM
June 8, 2004
AGENDA ITEM:
A resolution by the City Council of the City of Corpus Christi, Texas, directin8 publication of notice
of imemion to i~t~a~e Combination Tax and Revenue Certificates of ObliE~tion, Series 2004; and
resolving other matters relating to the subject.
The City plans to sell up to $7,500,000 in Combin~fon Tax and R~mue Certificates of Obligatioa,
Series 2004 I~ore the ead of July, 2004. Th~ c~'tifi~atea will b~ u~l for the purpose of paying
couha~'ual obligations rela6~E to the construction of imlnrovemems to the City's solid waste
facililies, as well as the paymem of fiscal, engineea~n8 and legal feea iaoaxred in connection with the
cc~ 6ficates. State law r~quires that a notice of intention be publlnhed when revenue bonds are to be
sold. The resolution also requests that th~ City Council authorize the City Manager to retain the
services of ME. Allison & Co., Inc. as F~mancial Advisor, and McCall, Parkhurst & Horton L.L.P. as
Bond Counsel, in connection with the issuan~ a~! sale of the prolx~ Certificates of Obligation.
REQUIRED COUNCIL ACTION:
City Council approval of Reaolution clireOing the publication.
FUTURE COUNCIL ACTION:
June 29, 2004 - Ordinance authori?ing the sale of up to $7,500,000 in Combination Tax and Revenue
Certificates of Obligation, Series 2004, and approving the execution ora I:na'cha..~ COuhaCt.
RECOMMENDATION:
City St. affl'~.omm~nds that th~ City Council approve the resolution by the City Council of the City of
Corpus Christi, Texas, directing lmblicafion of notice of/mention to Lssu¢ Comb/nation Tax and
Revenue Certificates of ObliEatlon, Series 2004; and resolving other meters relating to the subject.
Cindy O'Bfi~a
Director of Financial Services
BACKGROUND INFORMATION
The City plans to sell up to $7,500,000 in Combination Tax and Revenue Certificates of
Obligation, Series 2004 before the end of July, 2004. The certificates will be used for the purpose of
paying contractual obligations relating to the construction of improvements to the City's solid waste
facilities as well as providing for the payment of fiscal, engineering and legal fees incurred in
connection with the certificates. The City will i/filiTe the services oflV[E. Allison & Co., Inc. as
Financial Advisor, and McCall, Parkhurst & Horton LL.P. as Bond Counsel, in connection with the
issuance and sale of the proposed Certificates of Obligation_ JP Morgan will serve as senior
martaging underwriter with Banc of America o[~:~ating as co-mana~ng underwriter.
The projects funded by the certificates will include construction of Cell 11 at JC Elliott and Phase m
and IV ofclosare costs of the existing filled cells at the JC EIliott site. Additionally, costs related to
the Cefe Valenzuda I .nndfill site, including firmli,ation of the plans and specifications, and theFM 70
storm water drainage cros~4ng are included in the issue. Texas Department of Transportation
(TXDOT) will contram the construction of the FM 70 crossing. However, the City will be required
to pay the cost of the crossing. The TCEQ Iamdfill Permit requires the storm water drainage to be
complete before any waste can be plac~l in the Cefe Valenzuela iandfilt, and thi~ crosdn~ is a critical
path element in the completion of the Valenzuela drainage. The timing of the eonsm~ction of the
crossing is tied to the schedule laid out by TXDOT, and outside of City control, however, the project
must be undertaken to ensure the crossing is complete when Valenzuela opens.
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2004; AND RESOLVING OTHER MATTERS
RELATING TO THE SUBJECT
%V~R~AS, the City of Corpus Christi expects to pay
expenditures in connection with the design, planning,
acquisition and construction of the projects described in
Exhibit A to this Resolution prior to the issuance of the
Certificates of Obligation hereinafter described; and
~REAS, the City Council hereby finds, considers and
declares that the reimbursement of the payment by the City of
such expenditures will be appropriate and consistent with the
lawful objectives of the City and, as such, chooses to declare
its intention, in accordance with the provisions of Section
1.150-2 of the U.S. Treasury Regulations, to reimburse itself
for such payments at such time as it issues the hereinafter
described Certificates of Obligation; and
WHEREAS, it is hereby officially found and determined that
the meeting at which this Resolution was considered was open to
the public, and public notice of the time, place and purpose of
said meeting was given, all as required by Chapter 551, Texas
Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF'THE
CITY OF CORPUS CHRISTI, TEXAS:
Section 1. That attached hereto and marked "Exhibit A"
a form of notice, the form and substance of which are hereby
passed and approved.
Section 2. That the City Manager shall cause said notice
to be published, in substantially the form attached hereto, in
the Corpus Christi Caller-Times, a newspaper of general
circulation in the City of Corpus Christi, Texas, for two
consecutive weeks, the date of the first publication to be
before the fourteenth day before the day tentatively proposed
for authorizing the issuance of the Certificates of Obligation
as shown in said notice.
Section 3. That the City Manager is hereby authorized to
retain the services of M. E. Allison & Co., Inc. as Financial
Advisor, and McC~l,P~khurst& Ho~onL.L.P. as Bond Counsel, in
connection with the issuance and sale of the proposed
Certificates of Obligation.
Section 4. That the facilities and improvements to be
financed with proceeds from the proposed Certificates of
Obligation are to be used for the purposes described in the
attached Notice of Intention.
Section 5. That all costs to be reimbursed pursuant to
this Resolution will be capital expenditures; the proposed
Certificates of Obligation shall be issued within 18 months of
the later of (i) the date the expenditures are paid or (ii) the
date on which the property, with respect to which such
expenditures were made, is placed in service; and the foregoing
notwithstanding, the Certificates of Obligation will not be
issued pursuant to this Resolution on a date that is more than
three years after the date any expenditure which is to be
reimbursed is paid.
Section 6. That all resolutions or parts thereof in
conflict herewith are hereby repealed.
PASSED AND APPROVED this the 8th day of June, 2004.
ATTEST:
Samuel L. Neal
Mayor
City of Corpus Christi,
Texas
Armando Chapa
City Secretary, City of
Corpus Christi, Texas
APPROVED THIS THE~H DAY OF JUNE,
MARY KAY FISCHER, CITY ATTORNEY
2004:
EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that it is the intention of the City
Council of the City of Corpus Christi, Texas, to issue one or
more series of the interest bearing certificates of obligation
of the City to be entitled "City of Corpus Christi, Texas
Combination Tax and Revenue Certificates of Obligation", for the
purpose of paying contractual obligations to be incurred by the
City with respect to the City's solid waste facilities, to-wit,
the construction of improvements to the City's solid waste
facilities, including, without limitation, paying contractual
obligations to be incurred with respect to the development of
the Cefe Valenzuela landfill in the vicinity of County Road 57
and FM 2444 and the construction of a drainage culvert south of
said landfill site at FM 70 relating to the development of said
landfill, and the payment of fiscal, engineering and legal fees
incurred in connection therewith. The City Council tentatively
proposes to authorize the issuance of said series (one or more)
of Certificates of Obligation at its regular meeting place in
the City Hall at a meeting to commence at 9 o'clock, a.m., on
the 29th day of June, 2004. The maximum amount of Certificates
of Obligation indebtedness that may be authorized to be sold on
said date for such purposes described above is $7,500,000. The
City Council presently proposes to provide for payment of said
series (one or more) of Certificates of Obligation from the
levy of taxes and from surplus revenues derived from the
operation of the City's solid waste system.
CITY OF CORPUS CHRISTI, TEXAS
/s/ Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
Day of i 20
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 Scott
28
CITY COUNCIL
AGENDA MEMORANDUM
June 8, 2004
AGENDA ITEM:
An ordinance providing for the issuance of the general improvement refunding bonds, series 2004, of
the City of Corpus Christi, Texas, in an amount not to exceed thirty million dollars ($30,000,00~);
establishing parameters regarding the sale of the bonds; approving the execution of a bond purchase
contract and an escrow agreement; and all other matters related thereto; and providing that this
ordinance shall be in force and effect from and after the date of its passage.
ISSUE:
Interest rates over the past few years have been experiencing declining percentages, with the past
several months reflecting historically low rates. This trend in a low rate envLmnment allows the City
the opportunity to refund some of the City's current, higher interest rate General Obligation Bonds
and replace them wi th lower rate bonds. The refunding will also cover costs of issuance. Because of
the volatility in the market, it is advisable to authorize the City Manager to sell the bonds when the
interest rates are most advantageous to the City. The minimum net present value savings must be
2.25% before the City Manager will authorize the sale_ Current market conditions indicate the
savings will be greater than 2.25% however the actual amount of present value savings will be
determined when the bonds are priced.
REQUIRED COUNCIL ACTION:
Approval of the Ordinance is required. The proposed Ordinance authorizes the City Manager to sell
the bonds and sign the bond purchase agreement to confirm the sale.
FUTURE COUNCIL ACTION:
There is no future Council action.
RECOMMENDATION:
City Staff recommends approval of the Ordinance providing for the issuance of not more than
$30,000,000 of the General Improvement Refunding Bonds, Series 2004, of the City of Corpus
Christi, Texas, and authorizing the City Manager to sell the bends and sign the bond purchase
agreement to confirm the sale.
Director of Financial Services
Attachments:
Copy of Ordinance
Paying Agenl/Regisa'ar A~eement
Escrow Agreement
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF THE GENERAL
IMPROVEMENT REFUNDING BONDS, SERIES 2004, OF THE CITY OF CORPUS
CHRISTI, TEXAS, IN AN AMOUNT NOT TO EXCEED THIRTY MILLION DOLLARS
($30,000,000); ESTABLISHING PARAMETERS REGARDING THE SALE OF THE
BONDS; APPROVING THE EXECUTION OF A BOND PURCHASE CONTRACT
AND AN ESCROW AGREEMENT; AND ALL OTHER MA'II'ERS RELATED
THERETO; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE.
WHEREAS, the City Council has determined to authorize the refunding of all or a portion
of the outstanding obligations of the City described in Schedule I attached to this ordinance (the
"Refunded Obligations") to achieve a debt service savings with respect to Refunded Obl~ations;
and
WHEREAS, because of fluctuating conditions in the municipal bond market, the City
Council has determined to delegate to the City Manager the authority to effect the sale of the
bonds hereinafter authorized for the purpose of providing for the refunding of the obligations
described in Schedule I, subject to the parameters hereinafter described; and
WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to
the laws of the State of Texas, including specifically Chapter 1207, Texas Govemment Code, for
the purposes set fodh above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
1. That there shall be authorized to be issued, sold, and delivered hereunder fully
registered bonds, without interest coupons (the "Bonds" or the "Sedes 2004 Bonds"), entitled "City
of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2004" (or such other
name as may be provided in the hereinafter defined Purchase Contract), numbered consecutively
from R-1 upward, payable to the respective initial registered owners thereof, or to the registered
assignee or assignees of the Bonds or any portion or portions thereof, in the denomination of
$5,000 or any integral multiple thereof (an "Authonzed Denomination"), maturing not later than
July 15, 2024, payable sedally or otherwise on the dates, in the years and in the principal
amounts, respectively, and dated, all as set forth in the Purchase Contract. The Bonds are hereby
authorized to be issued for the purpose of refunding the Refunded ObligaLions and to pay the
costs of issuing the Bonds. The Bonds authorized by this Ordinance to be issued, sold and
delivered may not be sold in an aggregate principal amount in excess of Thirty Million Dollars
($30,000,000).
2. (a) That the Bonds will be sold through a negotiated sale pursuant to the procedures
set forth herein. J.P. Morgan Securities Inc. is hereby designated to be the senior managing
underwriter for the Bonds. The City Manager, acting for and on behaff of the City, is authorized
to enter into and carry out the terms and conditions set forth in a purchase contract with J.P.
Morgan Securities Inc., acting as representative for the investment banking fin'ns named in such
contract (the "Underwriters"), 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 Bonds to the
Underwriters (the "Purchase Contract"). The Bonds shall be sold to the Underwriters at such pdce,
and subject to such terms and conditions as set forth in the Purchase Contract, as shall be
determined by the City Manager pursuant to subsection (c) below. The authority of the City
Manager to execute the Purchase Contract shall expire if the Purchase Contract has not been
executed by the City and by the Underwriters (acting through their duly designated representative)
by 5:00 p.m., Friday, July 30, 2004. Pdor ~o the execution of the Purchase Contract, the Bonds
shall have an underlying rating from a nationally-recognized municipal bond rating agency in one
of the four highest generic rating categories. Any finding or deterTnination made by the City
Manager relating to the issuance and sale of the Bonds and the execution of the Purchase
Contract in connection therewith shall have the same force and effect as a finding or determination
made by the City Council.
(b) As authorized by Chapter 1207, Texas Government Code, the City Manager is hereby
authorized, appointed, and designated to act on behalf of the City in selling and delivering the
Bonds and carrying out the other procedures specil~ed in this Ordinance, including determining
and fixing the date of the Bonds, any additional or different designation or title by which the Bonds
shall be known, the aggregate principal amount of the Bonds, the date of delivery of the Bonds,
/he pdce at which the Bonds will be sold, the years in which/he Bonds will mature, the principal
amount of 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, pdce, and terms upon and at which the Bonds
shall be subject to redemption prior to maturity at the option of the City, as well as any mandatory
sinking fund redemption provisions, and all other matters relating to the issuance, sale, and
delivery of the Bonds, and the refunding of the Refunded Obligations, including, without limitation,
obtaining a municipal bond insurance policy in support of the Bonds, all of which shall be specified
in the Purchase Contract; provided, that ti) the price to be paid for the Bonds shall not less than
95% o[ the aggregate original principal amount thereof, plus accrued interest thereon from the
date of their delivery, (ii) none of the Bonds shall bear interest at a rate greater than 10% per
annum, and (iii) the Bonds may not be sold for the purpose of refunding the Refunded Obligations
unless the refunding of the Refunded Obligations results in achieving the minimum net present
value debt service savings threshold described in Section 17 of this Ordinance.
(c) The City Manager and the Director of Financial Services are authorized and directed
to provide for and oversee the preparation of a final official statement in connection with the
issuance of the Bonds, and to approve such tinal official statement and deem the preliminary
official statement prepared in connection with the sale of the Bonds finat in compliance with the
Rule and to provide it to the Underwriters of the Bonds in compliance with the Rule. The use of
the preliminary official statement prepared in connection with the sale of the Bonds is hereby
ratified.
-3-
3. To the extent so provided for in the Purchase Contract, the Bonds may be subject to
redemption prior to their scheduled maturities. Should the Purchase Contract provide for the
redemption of the Bonds pdor to their scheduled maturities at the option of the City, if less than
all of the Bonds are to be redeemed by the City, the City shall determine the maturity or maturities
and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar (hereinafter
defined) to call by lot Bonds, or portions thereof, within such matudty or maturities and in such
principal amounts for redemption; provided, that dunng any pedod in which ownership of the
Bonds is determined only by a book entry at a securities depository for the Bonds, if fewer than
all of the Bonds of the same maturity and beadng the same interest rate are to be redeemed, the
particular Bonds of such matudty and bearing such interest rate shall be selected In accordance
with the arrangements between the City and the securities depository. Should the Purchase
Contract provide for the mandatory sinking fund redemption of Bonds, the terms and conditions
governing any such mandatory sinking fund redemption and the payment of sinking fund
installments relating thereto shall be as set forth in the Purchase Contract.
At least 30 days prior to the date fixed for any such redemption the City shall cause (i) a
written notice of such redemption to be deposited in the United States mail, first, class postage
prepaid, addressed to each such registered owner at his address shown on the Registration
Books (hereinafter defined) of the Paying Agent/Registrar and (ii) notice of such redemption either
to be published one (1) time in or posted electronically on the website of a financial journal or
publication of general circulation in the United States of Amedca or the State of Texas carrying
as a regular feature notices of municipal bonds called for redemption; provided however, that the
failure to send, mail, or receive such notice described in (i) above, or any defect therein or in the
sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the
redemption oi" any Sedes 2004 Bond, and it is hereby specifically provided that the provision of
notice described in (ii) above shall be the only notice actually required In connection with or as a
prerequisite to the redemption of any Sedes 2004 Bonds. By the date fixed for any such
redemption, due provision shall be made with the Paying Agent/Registrar for the payment o[ the
required redemption price for the Series 2004 Bonds or the portions thereof which are to be so
redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of
redemption is given, and ff due provision for such payment is made, all as provided above, the
Series 2004 Bonds or the portions thereof which are to be so redeemed, thereby automatically
shall be redeemed pdor to their scheduled maturities, and shall not bear interest after the date
fixed for their redemption, and shall not be regarded as being outstanding except for the right of
the registered owner to receive the redemption pdce plus accrued interest to the date fixed for
redemption from the Paying Agent/Registrar out of the funds provided for such payment. The
Paying AgenlJRegistrar shall record in the registration books all such redemptions of principal o¢
the Sedes 2004 Bonds or any poi-lion thereof. If a portion of any Sedes 2004 Bond shall be
redeemed a substitute Sedes 2004 Bond or Sedes 2004 Bonds having the same maturity date,
bearing interest at the same rate, in any denomination or denominations in any integral multiple
of $5,000, at the wdtten request of the registered owner, and in an aggregate principal amount
equal to the unredeemed portion thereof, will be issued to the registered owner upon the
sun'ender thereof for cancellation, at the expense of the City, all as provided In this Ordinance.
In addition to the foregoing, the City shall cause the Paying Agent/Registrar to give notice
of any such redemption in the manner set forth in Section 5(h) hereof. The failure to cause such
notice to be given, however, or any defect therein, shall not affect the validity or effectiveness of
such redemption.
4. That the Bonds shall bear interest calculated on the basis of a 360--day year composed
of twelve 30-day months from the dates specified in the FORM OF BOND to their respective dates
of matudty at the rates set forth in the Purchase Contract. Interest on the Bonds shall be payable
on the dates as set forth in the Purchase Contract, until the maturity or pdor redemption of the
Bonds.
5. (a) The City shall keep or cause to be kept at the designated corporate trust office in
Jacksonville, Florida (the "Designated Trust Office") of The Bank of New York Trust Company,
N.A. (the "Paying Agent/Registrar"), or such other bank, trust company, financial institution, or
other agency named In accordance with the provisions of (g) below, books or records of the
registration and transfer of the Sedes 2004 Bonds (the "Registration Books"), and the City hereby
appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or
records and make such transfers and registrations under such reasonable regulations as the City
and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided. It shall be the duty of the Paying Agent/Registrar
to obtain from the registered owner and record in the Registration Books the address oi: such
registered owner oi' each bond to which payments with respect to the Series 2004 Bonds shall be
mailed, as herein provided. The City or its designee shall have the dght to inspect the Registration
Books dudng regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any other entity. Registration of each Sedes 2004 Bond
may be transferred in the Registration Books only upon presentation and surrender of such bond
to the Paying AgentJRegistrar for transfer of registration and cancellation, together with proper
written instruments of assignment, in form and with guarantee of signatures satJsfactory to the
Paying Agent/Registrar, evidencing the assignment of such bond, or any portion thereof in any
integral multiple of $5,000, to the assignee or assignees thereof, and the dght of such assignee
or assignees to have such bond or any such portion thereof registered in the name of such
assignee or assignees. Upon the assignment and transfer of any Sedes 2004 Bond or any portion
thereof, a new substitute bond or bonds shall be issued in exchange therefor in the manner herein
provided.
(b) The entity in whose name any Sedes 2004 Bond shall be registered in the Registration
Books at any time shall be treated as the absolute owner thereof for all purposes of this
Ordinance, whether or not such bond shall be overdue, and the City and the Paying Agent/Reg-
istrar shall not be affected by any notice to the contrary; and payment of, or on account of, the
principal of, premium, if any, and Interest on any such bond shall be made only to such registered
owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon
such bond to the extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying AgentJRegistrar to act as the paying agent
for paying the pnncipal of and interest on the Series 2004 Bonds, and to act as its agent to
exchange or replace Series 2004 Bonds, all as provided in this Ordinance. The Paying
AgentJRegistrar shall keep proper records of all payments made by the City and the Paying
Agent/Registrar with respect to the Sedes 2004 Bonds, and of all exchanges thereof, and all
replacements thereof, as provided in this Ordinance.
(d) Each Sedes 2004 Bond may be exchanged for fully registered bonds in the manner
set forth herein. Each bond issued and delivered pursuant to this Ordinance, to the extent of the
unredeemed principal amount thereof, may, upon surrender thereof at the Designated Trust Office
of the Paying Agent/Registrar, together with a wdtten request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the
option of the registered owner or such assignee or assignees, as appropriate, be exchanged for
fully registered bonds, without interest coupons, in the form prescribed in the FORM OF BOND,
in the denomination of $5,000, or any integral multiple thereof (subject to the requirement
hereinafter stated that each substitute bond shall have a single stated matudty date), as requested
in writing by such registered owner or such assignee or assignees, in an aggregate principal
amount equal to the unredeemed principal amount of any Sedes 2004 Bond or Sedes 2004 Bonds
-7-
so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the
case may be. If a podion of any Series 2004 Bond shall be redeemed prior to its scheduled
maturity as provided herein, a substitute bond or bonds having the same matudty date, beadng
interest at the same rate, in the denomination or denominations o[ any integral multiple of $5,000
at the request of the registered owner, and in an aggregate principal amount equal to the
unredeemed portion thereo[, will be issued to the registered owner upon surrender thereof for
cancellation. If any Series 2004 Bond or portion thereof is assigned and transferred, each bond
issued in exchange therefor shall have the same principal matudty date and bear interest at the
same rate as the bond for which it is being exchanged. Each substitute bond shall bear a letter
and/or number to distinguish it from each other bond. The Paying AgentJRegistrar shall exchange
or replace Sedes 2004 Bonds as provided herein, and each fully registered bond or bonds
delivered in exchange for or replacement of any Series 2004 Bond or portion thereof as permitted
or required by any provision of this Ordinance shall constitute one of the Sedes 2004 Bonds for
all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically
provided, however, that any Series 2004 Bond delivered in exchange for or replacement ol~
another Sedes 2004 Bond pdor to the first scheduled interest payment date on the Series 2004
Bonds (as stated on the face thereoF} shall be dated the same date as such Series 2004 Bond,
but each substitute bond so delivered on or after such first scheduled Interest payment date shall
be dated as of the interest payment date preceding the date on which such substitute bond is de-
livered, unless such substitute bond is delivered on an interest payment date, in which case it shall
be dated as of such date of delivery; provided, however, that if at the time of delivery of any
substitute bond the interest on the bond for which it is being exchanged has not been paid, then
such substitute bond shall be dated as of the date to which such interest has been paid in full.
On each substitute bond issued in exchange for or replacement of any Series 2004 Bond or
Series 2004 Bonds issued under this Ordinance there shall be pdntad thereon a Paying
AgentJRegistrar's Authentication Certi[icate, in the form hereinafter set forth in the FORM OF
BOND (the "Authentication Certificate"). An authorized representative of Ihe Paying
Agent/Registrar shall, before the delivery of any such substitute bond, date such substitute bond
in the manner set forth above, and manually sign and date the Authentication Certificate, and no
such substitute bond shall be deemed to be issued or outstanding unless the Authentication
Certificate is so executed. The Paying AgenlJRegistrar promptly shall cancel all Sedes 2004
Bonds surrendered for exchange or replacement. No additional ordinances, orders, or resolutions
need be passed or adopted by the City Council or any other body or person so as to accomplish
the foregoing exchange or replacement of any Sedes 2004 Bond or portion hereof, and the Paying
Agent/Registrar shall provide for the printing, execution, and delivery of the subslJtute bonds in
the manner prescribed herein. Pursuant to Chapter 1206, Texas Govemment Code, the duly of
exchange or replacement of any Sedes 2004 Bond as aforesaid is hereby imposed upon the
Paying Agenl]Registrar, and, upon the execution of the AuthenUcatlon Certificate, the exchanged
or replaced bond shall be valid, incontestable, and enforceable in the same manner and with the
same effect as the Sedes 2004 Bonds which originally were delivered pursuant to this Ordinance,
approved by the Attomey General, and registered by the Comptroller of Public Accounts. Neither
the City nor the Paying Agent/Registrar shall be required (1) to issue, transfer, or exchange any
bond during a period beginning at the opening of business 30 days before the day of the first
mailing of a notice of redemption of bonds and ending at the close of business on the day of such
mailing, or (2) to transfer or exchange any bond so selected for redemption in whole when such
redemption is scheduled to occur within 30 calendar days.
(e) All Series 2004 Bonds issued in exchange or replacement of any other Series 2004
Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with
the principal of and interest on such Sedes 2004 Bonds to be payable only to the registered
owners thereol~, (ii) may be redeemed pdor to their scheduled maturities, (iii) may be ~ansferred
and assigned, (iv) may be exchanged for other Series 2004 Bonds, (v) shall have [he
characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Sedes
2004 Bonds shall be payable, all as provided, and in the manner required or indicated, in [he
FORM OF BOND.
(f) The CH shall pay the Paying AgentJRegistrar's reasonable and customary fees and
charges for making transfers of Sedes 2004 Bonds, but the registered owner of any Sedes 2004
Bond requesting such transfer shall pay any taxes or other governmental charges required to be
paid with respect thereto. The registered owner of any Sedes 2004 Bond requesting any
exchange shall pay the Paying Agen[/Registrar's reasonable and standard or customary fees and
charges [or exchanging any such bond or portion thereof, together with any taxes or governmental
charges required to be paid with respect thereto, all as a condition precedent to the exercise of
such privilege of exchange, except, however, that in the case of the exchange of an assigned and
transferred bond or bonds or any portion or portions thereof in any integral multiple of $5,000, and
in the case of the exchange of the unredeemed portion of a Sedes 2004 Bond which has been
redeemed in part pdor to maturity, as provided in this Ordinance, such fees and charges will be
paid by the City. In addition, the City hereby covenants with the registered owners of the Sedes
2004 Bonds that it will (i) pay the reasonable and standard or customary fees and charges of the
Paying AgenlJRegistrar for its services with respect to the payment of [he principal of and interest
on the Sedes 2004 Bonds, when due, and (ii) pay the fees and charges of the Paying
AgentJRegistrar for services wilh respect to the [rahs[er or registration of Series 2004 Bonds solely
~o the extent above provided, and with respect to the exchange of Sedes 2004 Bonds solely to
the extent above provided.
(g) The City covenants with the registered owners of the Series 2004 Bonds that at all
times while the Sedes 2004 Bonds are outstanding the City will provide a competent and legally
qualified bank, trust company, financial institution, or other agency to act as and perform the
services of Paying Agent/Registrar for the Series 2004 Bonds under this Ordinance, and that the
Paying AgentJRegistrar will be one entity. The City reserves the dght to, and may, at its option,
change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying
AgenlJRegistrar. In the event that the entity at any time acting as Paying AgentJRegistrar (or its
successor by merger, acquisition, or other method) should resign or otherwise cease to act as
such, the City covenants that promptly it will appoint a competent and legally qualified national or
state banking institution which shall be a corporation organized and doing business under the laws
of the United States of America or of any state, authorized under such laws to exercise trust
powers, subject to supervision or examination by [ederal or state authority, and whose
qualifications substantially are similar to the previous Paying Agent/Registrar to act as Paying
AgenlJ Registrar under this Ordinance. Upon any change in the Paying AgentJRegistrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Sedes 2004 Bonds,
to the new Paying AgenlJRegistrar designated and appointed by the Cily. Upon any change in
the Paying Agent/Registrar, the City promptly will cause a wdtten notice thereof to be sent by the
new Paying AgenlJRegistrar to each registered owner of the Sedes 2004 Bonds, by United States
mail, first-class postage prepaid, which notice also shall give the address of the new Paying
AgenlJRegistrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(h) (i) In addition to the manner of providing notice of redemp§on of Sedes 2004
Bonds as set forth in this Ordinance, the Paying Agent/Registrar shall give notice of redemption
of Sedes 2004 Bonds by United States mail, first-class postage prepaid, at least 30 days pdor to
a redemption date to each NRMSIR and the SID (each as del~ined in Section 13 hereof). In
addition, in the event of a redemption caused by an advance refunding of the Sedes 2004 Bonds,
the Paying Agent/Registrar shall send a second notice of redemption to the persons speci[ied in
the immediately preceding sentence at least 30 days but not more than 90 days pdor to the actual
redemption date. Any notice sent to the NRMSIRs or the SID shall be sent so that they are
received at least two days poor to the general mailing or publication date ol~ such notice. The
Paying Agent/Registrar shall also send a no~-ice of redemption to the owner of any Series 2004
Bond who has not sent the Series 2004 Bonds in for redemption 60 days after the redemption
date.
(ii) Each redemption notice, whether required in the FORM OF BOND or otherwise by
this Ordinance, shall contain a description of the Sedes 2004 Bonds to be redeemed, including
the complete name o[ the Sedes 2004 Bonds, the series, the date of issue, the interest rate, the
matudty date, the CUSIP number, if any, the amounts called of each certificate, the publication
and mailing date for the notJce, the date of redemption, the redemption pdce, the name of the
Paying AgentJRegistrar and the address at which the Sedes 2004 Bond may be redeemed,
including a contact person and telephone number.
(iii) All redemption payments made by ~e Paying Agent/Registrar to the registered
owners of the Series 2004 Bonds shall include CUSIP numbers relating to each amount paid to
such registered owner.
6. The form of all Series 2004 Bonds, including the form of the Comptroller's RegistraUon
Certificate to accompany the Sedes 2004 Bonds on the initial delivery thereof, the form of the
Authentication Certificate, and the Form o[ Assignment to be printed on each of the Series 2004
Bonds, shall be, respectively, substantially as set forth in Exhibit A to this Ordinance, with such
appropriate variations, omissions, or insertions as are permitted or required by this Ordinance.
7. That a special fund or account, to be designated the "City of Corpus Chdst~, Texas
Series 2004 General Improvement Refunding Bonds Interest and Sinking Fund" (the "Interest and
Sinking Fund") is hereby created and shall be established and maintained by the City at its official
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depository bank. The Interest and Sinking Fund shall be kept separate and apart from all other
funds and accounts of the City, and shall be used only for paying the interest on and principal of
the Series 2004 Bonds. All taxes levied and collected for and on account of the Series 2004
Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. Dudng
each year while any of the Sedes 2004 Bonds is outstanding and unpaid, the City Council of the
City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest
approved tax rolls of the City, with full allowances being made for tax delinquencies and costs of
tax collections, which will be sufficient to raise and produce the money required to pay the interest
on the Sedes 2004 Bonds as such interest comes due, and to provide a sinking fund to pay the
principal of the Sedes 2004 Bonds as such principal matures, but never less than 2% of the
odginal principal amount of the Sedes 2004 Bonds as a sinking fund each year. Said rate and
amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable
property in the City for each year while any of the Sedes 2004 Bonds is outstanding and unpaid,
and said ad valorem tax shall be assessed and collected each such year and deposited to the
credit of the Interest and Sinking Fund. The ad valorem taxes necessary to pay the interest on
and principal of the Sedes 2004 Bonds, as such interest comes due, and such principal matures,
are hereby pledged for such purpose, within the limit prescribed by law. To the extent necessary,
there shall be appropriated from the General Fund of the City for deposit into the Interest and
Sinking Fund moneys as may be necessary to pay the first scheduled Interest payment on the
Sedes 2004 Bonds.
8. (a) In the event any outstanding Sedes 2004 Bond is damaged, mutilated, lost, stolen,
or destroyed, the Paying AgentJRegistrar shall cause to be pdnted, executed, and delivered, a new
bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or destroyed Series 2004 Bond, in replacement for such Sedes 2004 Bond in the manner
hereinafter provided.
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(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Sedes
2004 Bonds shall be made to the Paying Agent/Registrar. In every case of loss, theft, or
destruction of a Sedes 2004 Bond, the applicant for a replacement bond shall furnish to the City
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 Sedes 2004 Bond, the applicant shall furnish to the City and to the Paying.
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Sedes 2004
Bond, as the case may be. In every case of damage or mutilation of a Sedes 2004 Bond, the
applicant shall surrender to the Paying Agent/Registrar for cancellation the Series 2004 Bond so
damaged or mutilated.
(c) Notwithstanding the foregoing provisions of this Section, in the event any such Series
2004 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 2004 Bond, the
City may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Series 2004 Bond) instead of issuing a replacament Series 2004 Bond,
provided secudty or indemnity is furnished as above provided in this Section.
(d) Pdor to the issuance of any replacement bond, the Paying Agent/Registrar shall charge
the owner of such Sedes 2004 Bond with all legal, printing, and other expenses in connection
therewith. Every replacement bond issued pursuant to the provisions of this Sec~on by virtue of
the fact that any Series 2004 Bond is lost, stolen, or destroyed shall constitute a contractual
obligation of the City whether or not the lost, stolen, or destroyed Series 2004 Bond shall be found
at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance
equally and proportionately with any and all other Series 2004 Bonds duly issued under this
O~inance.
(e)
In accordance with Chapter 1206, Texas Government Code, this Section of this
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Ordinance shall constitute authority for the issuance of any such replacement bond without
necessity of further action by the governing body of the City or any other body or person, and the
duty of the replacement of such bonds is hereby authorized and imposed upon the Paying
AgenlJRegistrar, subject to [he conditions imposed by this Section 8 of this Ordinance, and the
Paying AgentJRegistrar shall authenticate and deliver such bonds in the form and manner and with
the effect, as provided In Section 5(d) ct this Ordinance for Sedes 2004 Bonds Issued in exchange
for other Series 2004 Bonds.
9. That the City Manager of the City is hereby authorized to have control of the Series
2004 Bonds and all necessary records and proceedings pertaining to the Series 2004 Bonds
pending their delivery and their investigation, examination and approval by the Attorney General
of the State oi' Texas, and their registration by the Comptroller of Public Accounts of the State of
Texas. Upon registralJon of the Series 2004 Bonds, the Comptroller of Public Accounts (or a
deputy designated in wdting to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate accompanying the Sedes 2004 Bonds, and the seal of said Comptroller
shall be impressed, or placed in facsimile, on each such certificate.
10. That the Mayor, the City Secretary or Assistant City Secretary, the City Manager, the
Director of Financial Services and all other officers, employees, and agents of the City, and each
of them, shall be and they are hereby expressly authorized, empowered, and directed from time
to time and at any time to do and perform all such acts and things and to execute, acknowledge,
and deliver in the name and under the seal and on behalf' of the City all such instruments, whether
or not herein mentioned, as may be necessary or desirable in order to carry out the terms and
provisions of this Ordinance, the Bonds, the Escrow Agreement, the Purchase Contract, the
offedng documents prepared in cennectlon with the sale of the Bonds, or the Paying
AgentJRegistrar Agreement. In case any officer whose signature appears on any Bond shall
cease to be such officer before the delivery of such Bond, such signature shall nevertheless be
valid and sufficient for all purposes the same as if he or she had remained in office until such
delivery.
11. That the Issuer covenants to take any action to assure, or refrain from any action
which would adversely affect, the treatment oi' the Series 2004 Bonds as obligations described
in section 103 of the Internal Revenue Code of 1986 (the "Code"), the interest on which is not
includable in the "gross income" of the holder for purposes of federal income taxation. In
furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds
of the Sedes 2004 Bonds or the projects financed therewith (less amounts deposited to
a reserve fund, if any) are used for any "pdvate business use", as defined in section
141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that
amounts, whether or not received by the Issuer, with respect to such pdvate business use,
do not, under the terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service
on the Series 2004 Bonds, in contravention of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "pdvate business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Sedes 2004
Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if
any) then the amount in excess of 5 percent is used for a "private business use" which is
"related" and not "disproportionate", within the meaning of section 141(b)(3) 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 of the proceeds of the Sedes 2004 Bonds (less amounts
deposited into a reserve fund, if any) is directly or indirectly used to finance loans to per-
sons, other than state or local governmental units, in contravention of section 141(c)of the
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Code;
(d) to refrain from taking any action which would otherwise result in the Sedes
2004 Bonds being treated as "private activity bonds" within the meaning of section 141 (b)
of the Code;
(e) to refrain from taking any action that would result in the Sedes 2004 Bonds
being "federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Series 2004 Bonds,
directly or indirecUy, to acquire or to replace funds which were used, directly or Indirectly,
to acquire investment property (as defined in section 148(b)(2) of the Code) which produc-
es a materially higher yield over the term of the Sedes 2004 Bonds, other than investment
property acquired with -
(1) proceeds of the Sedes 2004 Bonds invested for a reasonable
temporary pedod of 90 days or less until such proceeds are needed for the
purpose for which the bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the
meaning of section 1.148-1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Series 2004 Bonds;
(g) to otherwise restrict the use of the proceeds of the Sedes 2004 Bonds or
amounts treated as proceeds of the Sedes 2004 Bonds, as may be necessary, so that the
Sedes 2004 Bonds do not obherwise contravene the requirements of section 148 of the
Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code
(relating to advance refundings); and
(h) to pay to the United States of Amedca at least once during each five-year
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period (beginning on the date of delivery of the Series 2004 Bonds) an amount that is at
least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(0
of the Code and to pay to the United States of Amedca, not later than 60 days after the
Series 2004 Bonds have been paid in full, 100 percent of the amount then required to be
paid as a result of Excess Earnings under section 148(f) of the Code.
For purposes of the foregoing clauses (a) and (b) above, the Issuer understands that the term
"proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case
of a refunding bond, transferred proceeds (if any) and proceeds of the refunded bonds expended
pdor to the date of the issuance of the Bonds. It is the understanding of the Issuer that the
covenants contained herein are intended to assure compliance with the Code and any regulations
or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that
regulations or rulings are hereafter promulgated which modify or expand provisions of the Code,
as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained
herein to the extent that such failure to comply, in the opinion of nationally-recognized bond
counsel, will not adversely affect the exemption from federal income laxation of interest on the
Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated which impose additional requirements which are applicable to the Bonds, the Issuer
agrees to comply with the additional 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 Mayor,
the City Manager, any Assistant City Manager, and the Director of Financial Services may execute
any certificates or other reports required by the Code and to make such elections, on behalf of the
City, which may be permitted by the Code as are consistent with the purpose for the Issuance of
the Bonds.
In order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby
established by the City for the sole benefit of the United States of Amedca, 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 148 of the Code.
12. That the Issuer covenants that the property financed or refinanced with the proceeds
of the Sedes 2004 Bonds will not be sold or otherwise disposed in a transaction resulting in the
receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of
naUonally-recognized bond counsel substantially to the effect that such sale or other disposition
will not adversely affect the tax-exempt status of the Sedes 2004 Bonds. For purposes of this
Section, the portion of the property comprising personal property and disposed of in the ordinary
course of business shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes of this Section, the Issuer shall not be obllgatad to comply with this
covenant if it obtains an opinion of nationally-racognized bond counsel to the effect that such
failure to comply will not adversely affect the excludability for federal income tax purposes from
gross income of the interest.
13. (a) Deflnifions. That as used in this Section, the following terms have the meanings
ascdbed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR' means each person whom the SEC or its staff has determined to be a
nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or Its staff to be, a state
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information depository within the meaning of the Rule from time to time.
(b) Annual Reporfs. (i) The City shall provide annually to each NRMSIR and any SID,
within six months after the end o[ each fiscal year ending in or after 2004, financial information
and operating data with respect to the City of the general ~pe included in the final Official
Statement authorized by Section 2(c) of this Ordinance, being ~he information described in
Exhibit B hereto. Any financial statements so to be provided shall be (1) prepared in accordance
with the accounUng principles described in Exhibit B hereto, or such other accounting principles
as the City may be required to employ from time to time pursuant to state law or regulation, and
(2) audited, it the City commissions an audit of such statements and the audit is completed within
the pedod dudng which they must be provided. If the audit of such financial statements is not
complete within such berlod, then the City shall provide unaudited financial statements by the
required time, and shall provide audited financial statements for the applicable fiscal year to each
NRMSlR and any SID, when and if the audit report on such statements becomes available.
(ii) If the City changes its fiscal year, it will noUfy each NRMSIR and any SlD of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise
would be required to provide financial information and operaUng data pursuant to this Section.
The financial informalJon and operating data to be provided pursuant to this Section may be set
forth in full in one or more documents or may be inciuded by specific reference to any document
(including an officia~ statement or other offering document, if it is available from the MSRB) that
theretofore has been provided to each NRMSlR and any SID or filed with the SEC.
(c) Mateda! Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Sedes 2004 Bonds,
if such event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3,. Unscheduled draws on debt service reserves reflecting financial difficulties;
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4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Sedes
2004 Bonds;
7. Modifications to dghts oi" holders oi" the Series 2004 Bonds;
8. Series 2004 Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property secudng repayment of the Series
2004 Bonds; and
11. Rating changes.
The City shall notify any SlD and either each NRMSlR or the MSRB, in a timely manner, of any
failure by the City to provide financial information or operating data in accordance with subsection
(b) of this Section by the time required by such subsection.
(d) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Series 2004 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
Ordinance or applicable law that causes any Series 2004 Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial
owners of the Series 2004 Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City's financial results, condition, or prospects or to update any information
provided in accordance with this Section or otherwise, except as expressly provided herein. The
City does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Sedes 2004 Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
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BENEFICIAL OWNER OF ANY SERIES 2004 BOND OR ANY OTHER PERSON, IN CONTRACT
OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED
TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt
to changed circumstances that adse from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Sedes
2004 Bonds in the pdmary offedng of the Series 2004 Bonds in compliance with the Rule, taking
into account any amendments or interpretations of the Rule since such offedng as well as such
changed circumstances and (2) either (a) the holders of a majodty in aggregate principal amount
(or any greater amount required by any other provision of this Ordinance that authorizes such an
amendment) of the outstanding Sedes 2004 Bonds consent to such amendment or (b) a person
that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendment will not materially impair the interest of the holders and beneficial owners of the Sedes
2004 Bonds. If the City so amends the provisions of this Section, it shall include with any
amended financial information or operating data next provided in accordance with subsection (b)
of this Section an explanation, in narrative form, of the reason for the amendment and of the
impact of any change in the type of financial information or operating data so provided. The City
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may also amend or repeal the provisions of this continuing disclosure agreement if the SEC
amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters
judgment that such provisions of the Rule are Invalid, but only if and to the extent that the
provisions or this sentence would not prevent an underwdter from lawfully purchasing or selling
Series 2004 Bonds in the primary offering oi' the Series 2004 Bonds.
14. That interest earnings dedved from the investment of proceeds from the sale of the
Sedes 2004 Bonds shall be deposited in the Interest and Sinking Fund. It is further provided,
however, that any interest earnings on bond proceeds which are required to be rebated to the
United Slates of Amedca pursuant to Section 11 hereof in order to prevent the Sedes 2004
Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings
for the purposes of this Section.
15. That the Sedes 2004 Bonds initially shall be issued and delivered In such manner
that no physical distribution ct the Sedes 2004 Bonds will be made to the public, and The
Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the
Sedes 2004 Bonds. DTC has represented that it is a limited purpose t~'ust company incorporated
under the laws of the State of New York, a member of the Federal Reserve System, a "clearing
corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing
agency" registered under Section 17A of the Securities Exchange Act of 1934, as amended, and
the City accepts, but in no way verifies, such representations. The Sedes 2004 Bonds Initially
authorized by this Ordinance shall be delivered to and registered in the name of CEDE & CO., the
nominee of DTC. It is expected that DTC will hold the Series 2004 Bonds on behalf of the
Underwriters and their participants. So long as each Sedes 2004 Bond is registered in/he name
of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC the same in all respects
as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book-
entry system which will identify ownership of the Sedes 2004 Bonds in integral amounts of $5,000,
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with transfers of ownership being effected on the records of DTC and its participants pursuant to
rules and regulations established by them, and that the Series 2004 Bonds initially deposited with
DTC shall be immobilized and not be further exchanged for substitute Sedes 2004 Bonds except
as hereinaCter provided. The City is not responsible or liable for any functions of DTC, will not be
responsible for paying any fees or charges with respect to its services, will not be responsible or
liable for maintaining, supervising, or reviewing the records of DTC or its participants, or protecting
any interests or dghts of the beneficial owners of the Sedes 2004 Bonds. It shall be the dub/of
the DTC Participants, as defined in the Official Statement herein approved, to make all
arrangements with DTC to establish this book-entry system, the beneficial ownership of the Sedes
2004 Bonds, and the method of paying the fees and charges of DTC. The City does not
represent, nor does it in any way covenant that the initial book-entry system established with DTC
will be maintained in the future. No[withstanding the initial establishment of the foregoing book-
entry system with DTC, if for any reason any of the originally delivered Sedes 2004 Bonds Is duly
filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided
for in this Ordinance, substitute Series 2004 Bonds will be duly delivered as provided in this
Ordinance, and there will be no assurance or representation that any book-entry system will be
maintained for such Sedes 2004 Bonds. In connection with the initial establishment of the
foregoing book-entry system with DTC, the City heretofore has executed a "Blanket Letter of
Representations" prepared by DTC in order to implement the book-entry system described above.
16. (a) Deemed Paid. Any Sedes 2004 Bond and the interest thereon shall be deemed
to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this
Ordinance, except to the extent provided in subsection (e) of this Section, when payment of the
principal of such Series 2004 Bond, plus interest thereon to the due date (whether such due date
be by reason of matudty or otherwise) either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date
-24-
by irrevocably depositing with or making available to the Paying AgentJRegistrar in accordance
with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of Amedca sufficient to make such payment or
(2) Del'easance Securities that mature as to principal and interest in such amounts and at such
times as will insure the availability, without reinvestment, of sufficient money to provide for such
payment, and when proper arrangements have been made by the City with the Paying
AgentJRegistrar for the payment of its services until all Defeased Bonds shall have become due
and payable. At such time as a Sedes 2004 Bond shall be deemed to be a Defeased Bond
hereunder, as aforesaid, such Sedes 2004 Bond and the interest thereon shall no longer be
secured by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein
levied and pledged as provided in this Ordinance, and such principal and interest shall be payable
solely from such money or Defeasance Securities. Upon entedng into the Future Escrow
Agreement with respect to any such Sedes 2004 Bonds so defeased, such Sedes 2004 Bonds
shall no longer be outstanding for any purpose except for dght of payment, and all dghts of the
City to take any other action amending the terms of such Sedes 2004 Bonds shall be
extinguished.
(b) Investments. Any moneys so deposited with the Paying AgentJRegistrar may at the
wdtten direction of the City be invested in Defeasance Securities, matudng in the amounts and
times as hereinbefore set forth, and all income from such Defeasance Securities received by the
Paying AgenlJRegislrar that is not required for the payment of the Series 2004 Bonds and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the
City, or deposited as directed in wdting by the City. Any Future Escrow Agreement pursuant to
which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may
contain provisions permitting the investment or reinvestment of such moneys in Dei~easance
Securities or the substitution of other Defeasance Securities upon the satisfaction of the
-25-
requirements specified in subsection (a)(i) or (ii) above. All income [rom such Defeasance
Securities received by the Paying Agen~JRegistrar which is not required for the payment of the
Defeased Bonds, with respect to which such money has been so deposited, shall be remitted to
the City or deposited as directed in writing by the City.
(c) Selection of Defeased Bonds. In the event that [he Cib/elects to defease less than all
of the principal amount of Sedes 2004 Bonds of a maturity, the Paying AgentJRegistrar shall
select, or cause to be selected, such amount of Sedes 2004 Bonds by such random method as
it deems fair and appropriate.
(d) Defeasance Obligations. The term "Defeasance SecudUes" means (i) direct, noncallable
obliga§ons of the United Slates of America, including obligations that are unconditionally
guaranteed by [he United Slates of America, (ii) nonca~lable obligations of an agency or
instrumentality of the United States of America, including obligations that are unconditionally
guaranteed or insured by the agency or instrumentality and that, on the date of the purchase
thereof are rated as to investment quality by a nationally recognized inveslJ'nent raling firm not less
than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county,
municipality, or other political subdivision of a state that have been refunded and that, on the date
the governing body of the City adopls or approves the proceedings authorizing Lhe financial
arrangements are rated as to investment quality by a nationally recognized investment rating firm
not less than AAA or its equivalent.
(e) Continuing Duty of PayingAgen~/Registrar. Until ail Sedes 2004 Bonds defeasad under
this Section of this Ordinance shall become due and payable, the Paying AgentJRegistrar for such
Series 2004 Bonds shall perform the services of Paying Agen~JRegistrar for such Sedes 2004
Bonds the same as if they had not been defeased, and the Ci~/shall make proper arrangements
to provide and pay for such services.
17. That the Cib/hereby finds that the issuance of the Bonds for the purpose of refunding
-26-
the Refunded ObligalJons to realize a net present value savings is a public purpose. As a
condition to the issuance of the Bonds, the refunding of the aggregate principal amount of the
Refunded Obligations must produce a net present value savings of at least 2.25%. The City
Manager may elect not to refund all of the obligations listed in Schedule I, but in no event shall the
Bonds be issued if the refunding of the aggregate principal amount of the obligalJons selected for
refunding does not result in realizing the minimum savings threshold established in this Section.
The obligations listed in Schedule I that are refunded with proceeds of the Bonds shall be
specifically identified in the Purchase Contract. The Director of Financial Services shall execute
and deliver to the City Council a certificate stating that the savings threshold heroin established
has been satisfied. This certificate shall specifically state both the net present value savings and
the gross savings realized by the City as a result of refunding the Refunded Obligations.
18. That concurrently with the delivery of the Sedes 2004 Bonds the City shall cause to
be deposited wtth the Escrow Agent (as named in the Escrow Agreement), from/he proceeds
from the sale of the Series 2004 Bonds and other available moneys of the City, all as described
in the letter of instructions referred to in Section 20 heroof, an amount sufficient to provide for the
refunding of the Refunded Obligations in accordance with Chapter 1207, Texas Government
Code. The City Manager and City Secretary are hereby authorized, for and on behalf of the City,
to execute the Escrow Agreement to accomplish such purposes, in substantially the form and
substance attached to this Ordinance.
19. That the City hereby determines that, subject to the delivery of the Sedes 2004
Bonds, the Refunded Obligations as identified in the Purchase Contract shall be called for
redemption on the respective redemption dates set forth in Schedule I, at the applicable
redemption pdce to the date fixed for redemption as provided in Schedule I, all in accordance with
the applicable provisions of the ordinances authorizing their issuance. The City Manager or the
designee thereof shall take such actions as are necessary to cause the required notice of
-27-
redemption to be given in accordance with the terms of the respective ordinances for the
Refunded Obligations celled for redemption.
20. That the proceeds from the sale of the Sedes 2004 Bonds shall be used in the
manner described in a letter of instructions executed by or on behalf of the City. The foregoing
notwithstanding, proceeds representing accrued interest shall be deposited to the credit of the
Interest and Sinking Fund and proceeds presenting premium, if any, on the Sedes 2004 Bonds
not used In connection with the refunding of the Refunded Obligations shall be used in a manner
consistent with the provisions of Section 1201.029, Texas Government Code.
21. Thatthe City Manager is authorized, in connection with effecting the sale of the Sedes
2004 Bonds, to obtain from a municipal bond insurance company so designated in the Purchase
Contract (the "Insurer") a municipal bond insurance policy in support of the Sedes 2004 Bonds.
To that end, should the City Manager exercise such authority and commit the City to obtain a
municipal bond insurance policy, for so long as such policy is in effect, the requiremenls of the
Insurer relalJng to the issuance of said policy shall be incorporated by reference into this
Ordinance and made a part hereof for all purposes, notwithstanding any other provision of this
Ordinance to the contrary. The City Manager shall have the authorrty to execute any documents
to effect the issuance of said policy by the Insurer.
22. That the findings set forth in the preamble to this Ordinance are hereby incorporated
into the body of this Ordinance and made a part hereof for all purposes. All ordinances and
resolutions or parts thereof in conflict herewith are hereby repealed. For all purposes of this
Ordinance, unless the context requires otherwise, all references to designated Sections and other
subdivisions are to the Sections and other subdivisions of this Ordinance. The words "herein",
"hereoF' and "hereunder" and other words of similar import refer to this Ordinance as a whole and
not to any particular Section or other subdivision. Except where the context otherwise requires,
ten'ns defined in this Ordinance to impart the singular number shall be considered to include the
-28-
plural number and vice versa. References to any named person means that party and Its
successors and assigns. References to any constitutional, statutory or regulatory provision means
such provision as it exists on the date this Ordinance is adopted by the City and any future
amendments thereto or successor provisions thereof. Any reference to the payment of principal
in this Ordinance shall be deemed to include the payment of any mandatory sinking fund
redemption payments as described herein. Any reference to "FORM OF BOND' shall refer to
the form of the Sedes 2004 Bonds set forth in Exhibit A to this Ordinance. The titles and headings
of the Sections and subsections of this Ordinance have been inserted for convenience of
reference only and are not to be considered a part hereof and shall not in any way modify or
restrict any of the terms or provisions hereof.
23. That it is hereby officially found and determined that the meeting at which this
Ordinance was passed was open to the public, and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended.
In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this
Ordinance shall be effective immediately upon its adoption by the City Council.
ADOPTED this June 8, 2004.
ATTEST:
Mayor, City of Corpus Chdsti, Texas
City Secretary,
City of Corpus Chdstl, Texas
-29-
APPROVED THIS 8TH DAY OF JUNE, 2004:
MARY KAY FISCHER, CITY ATTORNEY
(SEAL)
-30-
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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
Council Members
The above ordinance wss passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
(1) General Improvement Refunding
SCHEDULEI
Bonds, Sedes 1995:
Interest Par
Matudty Date Rate (%) Amount(S)
03/01/2005 4.900 1,305,000
03/01/2006 5.000 7,260,000
03/01/2007 5.100 8,860,000
03/01/2008 5.200 5,350,000
03/01/2009 5.300 1,375,000
03/01/2010 5.400 1,440,000
03/01/2011 5.400 1,530,000
03/01/2012 5.500 45,000
Call Date
n/a
03/01/2005
03/01/2005
03/01/2005
03/01/2005
03/01/2005
03/01/2005
03/01/2005
Call Pdce
n/a
100.00
100.00
100.00
100.00
100.00
100.00
100.00
(2) General Improvement Refunding Bonds, Sedes 1995-A:
Interest Par
Maturity Date Rate (%) Amount(S)
03/01/2005 4.900 90,000
03/01/2007 5.100 10,000
03/01/2008 5.200 105,000
03/01/2009 5.300 115,000
03/01/2010 5.400 115,000
03/01/2011 5.400 125,000
03/01/2012 5.500 120,000
Call Date
n/a
03/01/2005
03/01/2005
03/01/2005
03/01/2005
03/01/2005
03/01/2005
Call Pdce
n/a
100.00
100.00
100.00
100.00
100.00
100.00
-31-
NO.
MATURITY DATE
EXHIBItA
FORM OFBOND
UNITED STATES Of AMERICA
STATE Of TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI, TEXAS
GENERAL IMPROVEMENT REFUNDING BOND
SERIES 2004
INTEREST RATE ORIGINAL ISSUE DATE
CUSIP
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI,
TEXAS (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay
to , or to the registered assignee hereof (either being herein-
after railed the "registered owner") the principal amount of:
DOLLARS
and to pay interest thereon, from the Odginal Issue Date specified above, to the maturity date
specified above, or the date of its redemption prior to scheduled maturity, at the rate of Interest
per annum specified above, with said interest being payable on 1,200_, and semi-
annually on each 1 and 1 thereafter; except that if the Paying
Agent/Registrar's Authentication Certificate appearing on the face o[ this Bond is dated later than
1,200_, such interest is payable semiannually on each 1 and 1
following such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at matudty
or redemption pdor to matudty at the designated corporate trust office in Jacksonville, Florida (the
"Designated Payment Office"), of The Bank of New York Trust Company, N.A., which is the
"Paying Agent/Registrar" for this Bond. The payment o[ interest on this Bond shall be made by
the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books
kept by the Paying Agent/Registrar at the close o[ business on the 15th day of the month next
preceding such interest payment date by check, dated as of such interest payment date, drawn
by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on
deposil with Ihe Paying Agent/Registrar for such purpose as hereinafter provided; and such check
shall be sent by the Paying Agenl/Reglstrar by United States mail, first-class postage prapald, on
each such interest payment date, to the registered owner hereof at its address as it appears on
the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued
interest due at matudty or upon redemption of this Bond prior to matudty as provided herein shall
be paid to the registered owner upon presentation and surrender of this Bond for redemption and
payment at the Designated Payment Office of the Paying Agent/Registrar. The Issuer covenants
with the registered owner o[ this Bond that no later than each principal payment and/or interest
payment date for this Bond it will make available to the Paying Agent/Registrar from the Interest
and Sinking Fund as defined by the ordinance authorizing the Bonds (the "Ordinance") the
amounts required to provide for the payment, in immediately available funds, of all principal of and
interest on the Bonds, when due.
IN THE EVENT OF A NON-PAYMENT of interest on a scheduled payment date, and for
30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the Issuer. Notice of the Special Record Date and of the scheduled
payment date of the past due interest ("Special Payment Date", which shall be 15 days after the
Special Record Date) shall be sent at least five business days prior to the Special Record Date
by United States mail, first class postage prepaid, to the address of each registered owner of a
Bond appearing on the registration books of the Paying Agent/Registrar at the close of business
on the last business day next preceding the date of mailing of such notice.
IF THE DATE for the payment of the pnncipal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions In the city where the
Designated Payment Office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized
to close; and payment on such date shall have the same force and effect as if made on the
odglnal date payment was due. Notwithstanding the foregoing, dudng any period in which
ownership of the Bonds is determined only by a book entry at a securities depository for the
Bonds, any payment to the securities depository, or its nominee or registered assigns, shall be
made in accordance with existing arrangements between the Issuer and the securities depository.
THIS BOND is one of a Series of Bonds of like tenor and effect except as to number,
principal amount, interest rate, matudty and option of redemption, authorized In accordance with
the Constitution and laws of the State of Texas in the principal amount of $ , for the
purpose of refunding those obligations of the City designated in the Ordinance as the "Refunded
Obligations" and to pay costs of issuance related thereto.
ON MARCH 1,20__, or on any date thereafter, the Bonds of this Series matudng on March
1,20__ and thereafter may be redeemed pdor to their scheduled maturities, at the option of the
Issuer, in whole, or in part, at par and accrued interest to the date fixed for redemption. The years
of maturity of the Bonds called for redemption at the option of the City prior to stated matudty shall
be selected by the City. The Bonds or portions thereof redeemed within a maturity shall be
selected by lot or other method by the Paying Agent/Registrar; provided, that dudng any period
in which ownership of the Bonds is determined only by a book entry at a securities depository for
the Bonds, if fewer than all of the Bonds of the same maturity and beadng the same Interest rate
are to be redeemed, the particular Bonds of such matudty and bearing such interest rate shall be
selected in accordance with the arrangements between the Issuer and the securities depository.
THE BONDS are also subject to mandatory redemption in part by lot pursuant to the terms
of the Ordinance, on March 1, __. with respect to Bonds maturing March 1, 20~, in the
following years and in the following amounts, at a pdce equal to the principal amount thereof and
accrued and unpaid interest to the date of redemption, without premium:
Year
Principal Amount
* Final Maturity
To the extent, however, that Bonds subject to sinking fund redemption have been previously
purchased or called for redemption in part and otherwise than from a sinking fund redemption
payment, each annual sinking fund payment for such Bond shall be reduced by the amount
obtained by multiplying the principal amount of Bonds so purchased or redeemed by the ratio
which each remaining annual sinking fund redemption payment for such Bonds bears to the total
remaining sinking fund payments, and by rounding each such payment to the nearest $5,000
integral; provided, that dudng any pedod in which ownership of the Bonds Is determined only by
a book entry at a securities depository for the Bonds, the particular Bonds to be called for
mandatory redemption shall be selected in accordance with the arrangements between the City
and the securities depository.
AT LEAST 30 days pdor to the date fixed for any such redemption (a) a written notice o[
such redemption shall be given to the registered owner of each Bond or a portion thereof being
called for redemption by depositing such notice in the United States mail, first class postage
prepaid, addressed to each such registered owner at his address shown on the Registration
Books of the Paying AgenlJRegistrar and (b) notice of such redemption either shall be published
one (1) time in or posted electronically on the website of a financial journal or publication of
general circulation In the United Slates of Amedca or the State of Texas carrying as a regular
feature notices of municipal bonds called for redemption; provided, however, that the failure to
send, mall, or receive such no§ce described in (a) above, or any defect therein or in the sending
or mailing thereof, shall not affect the validily or effectiveness of the proceedings for the
redemption of any Bond, and the Ordinance provides that the provision of notice as described in
(b) above shall be the only notice actually required in connection with or as a prerequisite to the
redemption of any Bond. By the date fixed for any such redemption due provision shall be made
by the Issuer with the Paying AgenlJReglstrar for the payment of the required redemption pdce for
this Bond orthe portion hereof which Is to be so redeemed, plus accrued interest thereon to the
date fixed for redemption. If such notice of redemption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion hereof which is to be so
redeemed, thereby automatically shall be redeemed pdor to its scheduled maturity, and shall not
bear interest after the date Fixed for its redemption, and shall not be regarded as being
outstanding except for the dght of the registered owner to receive the redemption pdce plus
accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds
provided for such payment. The Paying Agent/Regisb'ar shall record in the Registration Books
all such redemptions of principal of this Bond or any portion hereof. If a portion of any Bond shall
be redeemed a substitute Bond or Bonds having the same maturity date, beadng interest at the
same rate, in any denomination or denominations in any integral multiple of $5,000, at the wdtteo
request o1: the registered owner, and in aggregate principal amount equal to the unredeemed
portion thereof, will be issued to the reglsterod owner upon the surrender thereof for cancellation,
at the expense of the Issuer, all as provided in the Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without
interest coupons, in the denomination of any Integral multiple of $5,000. As provided in the
Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered
owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like
aggregate principal amount of fully registered bonds, without interest coupons, payable to the
appropriate registered owner, assignee, or assignees, as the case may be, having the same
maturity date, and beadng interest at the same rate, in any denomination or denominaUons in any
integral multiple of $5,000 as requested in wdting by the appropriate registered owner, assignee,
or assignees, as the case may be, upon surrender of this Bond to the Paying AgentJRegistrar at
its Designated Trust Office for cancellation, all in accordance with the form and procedures set
forth in the Ordinance. Among other requirements for such assignment and transfer, this Bond
must be presented and surrendered to the Paying AgentJRegistrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
AgenlJRegistrar, evidencing assignment of this Bond or any portion or portions hereof in any
integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any
such portion or portions hereof is or are to be transferred and registered. The form of Assignment
pdnted or endomed on this Bond may be executed by the registered owner to evidence the
assignment hereof, but such method is not exclusive, and other instruments of assignment
satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond
or any portion or portions hereof from time to time by the registered owner. The one requesting
such exchange shall pay the Paying Agent/Registrar's reasonable standard or customary fees and
charges I~or exchanging any Bond or portion thereof. The foregoing riel:withstanding, in the case
of the exchange of a portion of a Bond which has been redeemed pdor to maturity, as provided
herein, and in the case of the exchange of an assigned and transferred Bond or Bonds or any
portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by
the Issuer. In any circumstance, any taxes or governmental charges required to be paid with
respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a
condition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor
the Paying Agent/Registrar shall be required (1) to make any transfer or exchange dudng a period
beginning at the opening of business 30 days before the day of the first mailing of a notice of
redemption of bonds and ending at the close of business on the day of such mailing, or (2) to
transfer or exchange any Bonds so selected for redemption when such redemption is scheduled
to occur within 30 calendar days.
WHENEVER the beneficial ownership et this Bond is determined by a book entry at a
securities depository for the Bonds, the i'oregoing requirements of holding, delivering or
transferring this Bond shall be modified to require the appropriate person or entity to meet the
requirements of the securities depository as to registering or transferring the book entry to produce
the same effect.
IN THE EVENT any Paying AgenlJRegistrar for the Bonds is changed by the Issuer,
resigns, or otherwise ceases to act as such, the issuer has covenanted in the Ordinance that it
promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause
whiten notice thereof to be mailed to the registered owners of the Bonds.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the sedes
of which it is a part, is duly authorized by law; that all acts, cenditlons and things required to be
done precedent to and in the issuance of this sedes of bonds, and of this Bond, have been
propedy done and performed and have happened in regular and due time, form and manner as
required by law; that sufficient and proper provision for the levy and collection of taxes has been
made, which, when collected, shall be appropriated exclusively to the payment of this Bond and
the series of which it is a part; and that the total indebtedness of said City, including the entire
sedes of bonds of which this is one, does not exceed any constitutional, statutory or charter
limitation.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Ordinance is duly recorded and available for Inspection in
the official minutes and records of the goveming body of the Issuer, and agrees that the terms and
provisions of this Bond and the Ordinance constitute a contract be~een each registered owner
hereof and the Issuer.
IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile
signature of the Mayor of said City, and attested with the manual or facsimile signature of the City
Secretary, and the official seal oi' the Issuer has been duly affixed to, or impressed, or placed in
facsimile, on this Bond.
A"FFEST:
City Secretary
Mayor
(SEAL)
FORM OF PAYING AGENT/REGISTP, AR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the
proceedings adopted by the issuer as described in the text of this Bond; and that this Bond has
been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of
a bond or bonds of an issue which originally was approved by the Attorney General of the State
of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated:
THE BANK OF NEW YORK TRUST COMPANY, N.A.,
Paying AgentJRegistrar
By
Authorized Representative
FOR VALUE RECEIVED, the
FORM OF ASSIGNMENT:
ASSIGNMENT
undersigned hereby sells, assigns
and transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
/ /
(Please pdnt or typewrite name and address, including
7_Jp code of Transferee)
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to register the transfer of the within Bond on the
books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration or
enlargement or any change whatsoever.
FORM OF COMPTROLLER'S CERTIFICATE (A']-I'ACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER :
STATE OF TEXAS :
REGISTER NO.
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Bond has been examined by him as required
by law, and that he finds that it has been issued in conformity with the Constitution and laws of
the State of Texas, and that it is a valid and binding obligation of the City of Corpus Chdsti, Texas,
payable in the manner provided by and in the ordinance authorizing same, and said Bond has this
day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
(SEAL)
Comptroller of Public Accounts
of the State of Texas
The printer of the Series 2004 Bonds is hereby authorized [o pdnt on the Series 2004 Bonds (i)
the form of bond ceunsel's opinion relating to the Series 2004 Bonds, and (ii) an appropriate
statement of insurance furnished by a municipal bond insurance company providing municipal
bond insurance, if any, covedng ail or any part of the Series 2004 Bonds.
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 14 of this Ordinance.
Annual Financial Statements and Operating Data
The financial Information and operating data with respect to the City to be provided
annually In accordance with such Section are as specified (and Included in the Appendix or under
the headings of the Official Statement referred to) below:
The information of the general type included in Appendix A under the headings "DEBT
PAYABLE FROM TAXES", "GENERAL REVENUES" and "AD VALOREM TAXES".
Appendix C to the Official Statement, "Excerpts from the Annual Financial Report of the
City of Corpus Christi, Texas for the Fiscal Year Ended July 3'1, 2003".
Accounting Principles
The accounting principles referred to in such Section are the accounting principles
described in the notes to the financial statements referred to in paragraph I above.
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI
I, Armando Chapa, City Secretary of the City of Corpus Chris[i, in the State of Texas, do
hereby certify that I have compared the attached and foregoing excerpt from the minutes of the
regular, open, public meeting of the City Council of the City of Corpus Chdsti, Texas held on June
8, 2004, and of Ordinance No. which was duly passed at said meeting, and that said copy
is a true and correct copy or said excerpt and the whole of said ordinance.
In tastimony whereof, I have set my hand and have hereunto affixed the seal of said City
of Corpus Chdsti, this 8th day of June, 2004.
(SEAL)
City Secretary of the
City of Corpus Chdsti, Texas
PAYING AGENT/REGISTRAR AGREEMENT
THIS PAYING AGENT/REGISTRAR AGREEMENT (the "Agreement"), dated as of the day
o£___, 2004, is by and between the City o£ Corpns Christi, Texas (the "City") and The Bank of New York
Trust Company, N.A., a banldng association organized and existing under the laws of the United States of
America (together with any successor, the "Bank");
WITNESSETH:
WHEREAS, the City is authorized to issue the series of bonds describ~ ia Exhibit A hereto (the
"Bonds") in accordance with the ordinance adopted by the City on June 8, 2004, and iacorporated herein for
all purposes (the "Bond Ordinance") and the terms of the hereinafter defined Purchase Agreement;
WHEREAS, the City desires that the Bonds be issued in fully registered form with privileges of
transfer and exchange ms herein provided, and as authorized in the Bond Ordinance;
WHEREAS, the City has authorized the issuance of the Bonds subject to the terms of the Bond
Ordinance and, to provide for registration, payment, transfer, exchange, and replacement of the Bonds, the City
has authorized the execution and delivery of this Agreement;
NOW, THEREFORE, for and in consideration of the premis~ and the mutual covenants herein
contained, and subjeet to the conditions herein set forth, the City and the Bank agree as follows:
ARTICLE ONE
DEFINITIONS AND OTHER PROVISIONS
OF GENERAL APPLICATION
SECTION 1.01. Defmitions.
The trams defined in this Article shall have the meaning set out below unless the context requires a
different meaning:
"Agreement" means this agreement as originally executed or as it may from time to time be
supplemented, modified, or amended_
"Bank" means the entity named as the "Bank" in the first paragraph of this Agreement or a successor
Bank selected in accordance with the applieable provisions of this Agreement.
"Bond Ordinance" means the ordimqnce authorizing the issuance of the Bonds, adopted by the City on
June 8, 2004, and incorporated herein for all purposes.
"Bond Register" has the meaning stated in Section 5.01.
"Bonds" means the bonds issued by the City that are to be governed by this Agreement, as described
in Exhibit A attached hereto.
"City" means the City of Corpus Christi, Texas, and any successor to its duties and functions.
"City Request" means a request signed in the name of the City by the City Manager, any Assistant City
Manager, or the Director of Financial Services, which the Bank shall assume to be a duly authorized act of the
City.
"Designated Payment]Transfer Office" means the corporate trust office of the Paying Agent/Registrar
designated as the place of payment, transfer and exchange of the Bonds, initially, the corporate trust office of
the Paying AgenffRegistrar in Jacksonville, Florida.
"Holder" when used with respect to any Bond, means the Person m whose name such Bond is registered
in the Bond Reg/ster.
"Interest Payment Date" rnean~ the Stated Maturity of an installment of interest on any Bonds.
"Maturity" when used with respect to any Bond means the date on which the principal of such Bond
becomes due and payable as therein provided, whether at the S~ated Maturity or by call for redemption or
otherwise.
"Person" means any entity, individual, corporation, partnership, joint venture, association, joint-stock
company, trust, unincorporated orgardzation, or government or any governmental agency or political
subdivision.
"Predecessor Bonds" of any particular Bond means every previous Bond evidencing all or a portion
of the same debt as that exfdenced by such particular Bond, and, for purposes of this definition, any Bond
authenticated and delivered under Section 5.02 m lieu of a mutilated, lost, destroyed or stolen Bond shall be
deemed to evidence the same debt as the mutilated, lost, destroyed or stolen Bond.
"Purchase Agreement" means the bend purchase agreement between the City and the underw'nters
named therein, dated ,2004, relating to the sale of the Bonds.
"Record Date" for the interest payable on an Interest Payment Date means the 15th day (whether or
not a business day) of the calendar month next preceding such Interest Payment Date.
"Redemption Date" when used with respect to any Bond to he redeemed means the date fixed for such
redemption pursuant to the t~ms thereof, the Bond Ordinance and tiffs Agreement.
"Redemption Price" when used with respect to any Bond to be redeemed means the price at which it
is to be redeemed pursuant to terms there,of and the Pm-chase Agreement, excluding installments of interest
whose Stated Maturity is on or before the Redemption Date.
"Stated Maturity" when used with respect to any Bond or any installment of interest theweon means the
date specified in such Bond as the fixed date on which the principal of such Bond or such ins tath:nent of interest
is due and payable.
SECTION 1.02. Written Communication.
Any request, demand, authorization, direction, notice, consent, waiver, or other written commumcation
prowded or permitted by this Agreement to he made upon, given or furnished to, or filed with:
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A. the City, shall be sufficient for every purpose hereunder if m writing and mailed, t-zrst-class,
postage prepaid, to the City addressed to it at 1201 Leopard, Corpus Christi, Texas 78401 or at any other
address previously furnished to the Bank in writing by the City, and
B. the Bank, shall be sufficient for every purpose hereunder if in writing and mailed, first-class,
postage prepaid (and properly referred to this Agreement or the Bonds), to the Bank addressed to it at
Towct uutrc Plaza, 2nd Floor, 10161 Centurion Parkway, Jacksonville, Florida, 32256, or at any other address
previously furnished to the City in writing by the Bank.
SECTION 1.03. Notice to Holders; Waiver.
Where this Agreement provide~ for notice to Holders of any event, such notice shall be sufficiently
given (unless otherwise expressly provided herein) if in writing and mailed, f'irst-class, postage prepaid, to each
Holder, at the address of such Holder as it appears in the Bond Register.
In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any
defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect
to all other Holders. Where this Agreement provides for notice in any manner, such notice may be waived in
writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be
the equivalent of such notice. Waivers of notice by Holders shall be fded with the Bank, but such filing shall
not be a condition precedent to the vahdity of any action token in reliance upon such waiver.
SECTION 1.04. Effect of Headin..~.
The Article and Section headings hereto are for convenience only and shall not affect the ceustruction
hereof.
SECTION 1.05. Successors and Assigns.
All covenants and agreements in this Agreement by the City or the Bank shall brad its successors and
assigns.
SECTION 1.06. Severability Clause.
In case any provision oD. his Agreement, the Bond OrcYmance, or the Bonds or any application thereof
shall be invalid, illegal or unenforceable, the valithty, legality and enforceabihty of the remaining provisions
and applications of tins Agreement shall not tn any way be affected or impaired thereby.
SECTION 1.07. Amendment.
This Agreement may be amended only by an agreement in writing by both of the parties hereto.
SECTION 1.08. Benefits of Agreement.
Nothing in this Agreement or in the Bonds, expressed or implied, shall give to any Person other than
the parties hereto and their successors hereunder, any benefit or any legal or equitable fight, remedy, or claim
under this Agreement.
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SECTION 1.09. Govemin~ Law.
This Agreement shell be construed in accordance with and governed by the laws of the State of Texas.
ARTICLE TWO
THE BONDS
SECTION 2.01. Forms Generally.
The Bonds, Registration Certificate of the Compta-oller of Public Accounts of the State of Texas (the
"Registration Certificate"), the Paying AgenffRegislrar's Authentication Certificate (the "Authentication
Certificate"), and the A~signment to be printed on each of the Bunds, shall be substantially in the forms set
forth in the Bond Ordinance with such appropriate insertions, omissions, substitutions, and other variations
as are permitted or requi~ed by the Bond Ordinance and this Agreement and may have such letters, numbers,
or other marks of identification and the Bonds may have such legends and endorsements thereon (including any
reproduction of an opinion of counsel) as may, consistently herc'with, be established by the Bond Ordinance
or deterrnmed by the officers executing such Bonds as evidenced by theft' execution of such BOnds.
SECTION 2.02. Execution, Registration, Delivery, and Dating.
The Bonds shall be executed on behalf of the City as provided in the Bond Ordinance.
No Bond shall be entitled to any right or benefit under this Agreement or the Bond Ordinance, or be
valid or obligatory for any purpose, unless there appears on such Bund either the Registration Certificate,
executed by the Comptroller of Public Accounts of the State of Texas or the duly authorized agent thereof, by
manual signature, or the Authentication Certificate, executed by the Bank, by manual signature, and either such
certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly
certified or registered or delivered.
SECTION 2.03. Cancellation.
All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to
the Bank, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Bank and,
if not already cancelled, shall be promptly cancelled by the Bank. The City may at any time deliver to the Bank
for cancellation any Bonds previously certified or registered and delivered which the City may have acqufl-ed
in any manner whatsoever and all Bonds so delivered shall be promptly cancelled by the Bank No Bond shall
be registered in lieu of or in exchange for any Bond cancelled as provided by this Agreement. All cancelled
Bonds held by the Bank shall be disposed of as directed by City Request.
SECTION 2.04. Persons Deemed Owners.
The City, the Bank, and any agent of the City or the Bank may Ireat the Person in whose name any
Bond is registered as the owner of such Bond for the purpose of receiving payment of the principal (and
Redemption Price, if applicable) of and interest on such Bond and for all other purposes whatsoever whether
or not such Bond be overdue, and, to the extent permitted by law, n~ne of the City, the Bank, and any such
agent shall be affected by notice to the contrary.
ARTICLE THREE
PAYMENT OF BONDS
SECTION 3 01. Payment of Interest.
Interest on any Bond which is payable on any Interest Payment Date shall be paid to the Holder of such
Bond as de~ermmed at the close of business on the Record Date.
Such interest shall be paid by the Bank by check mailed to the Holder at the address of such Holder
as it appears on the Bond Register, or by such other customary banking arrangements to which the Holder and
the Bank may agree, but solely from funds collected from the City for such purpose.
Each Bond delivered under this Agreement upon transfer or in exchange for or in lien of any other
Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other
Bond and each such Bond shall bear interest fi.om such date so that neither gain nor loss in interest shall result
from such lxansfer, exchange or substitution.
SECTION 3.02. Payment of Principal and Redemption Price.
Principal (and the Redemption Price, if applicable) of each Bond shall be paid by the Bank to the
Holder at the Maturity thereof, but solely fi.om funds collected from the City for such purpose, upon
presentation and surrender of such Bond to the Bank for cancellation. All Bonds presented and surrendered
for payment shall be delivered to the Designated Payment/Transfer Office.
SECTION 3.03. City to Deposit Funds.
The City will duly and punctually deposit with the Bank, at the Designated Payment/Transfer Office,
on or before each Stated Maturity of interest on Bonds and each Maturity of Bonds, money sufficient to pay
the principal (and Redemption Price, if apphcable) of and interest on the Bonds when due.
ARTICLE FOUR
REDEMPTION OF BONDS
SECTION 4.01. General Applicability of Article.
If the Bonds are to be redeemed before theft Stated Maturity, they shall be redeemed in accordance
with their terms and the Bond Ordinance.
SECT1ON 4.02. Election to Redeem; Notice to Bank.
The exercise by the City of its option to redeem any Bonds shall be evidenced by City action consistent
with the provisions of the Bond Ordinance. In case of any redemption at the election of the City of less than
all of the outstanding Bonds, the City shall, at least 45 days prior to the Redemption Date (unless a shorter
notice shall be satisfactory to the Bank), notify the Bank of such Redemption Date and of the principal amount
of Bonds of each Stated Maturity to be redeemed, and the Redemption Price to he paid to the Holders.
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SECTION 4.03. Notice of Redemption.
Notice of redemption shall be given by the Bank m the name and at the expense of the City, prior to
the Redemption Date, to each Person entitled to receive notice of such redemption at the times and m the
manner required by the Bond Ordinance.
All notaces of redemption shall contain a description of the Bonds to be redeemed including the
complete name of the Bonds, the Series, the date of issue, the interest rate, the Maturity, the CUSIP number,
if any, the amounts called of each Bond, the publication and mailing date for the notice, the date of redemption,
the redemption price, the name of the Bank and the address at which the Bond may be redeemed including a
contact person and telephone number.
ARTICLE FIVE
REGISTRATION, TRANSFER, EXCHANGE, AND
REPLACEMENT OF BONDS
SECTION 5.01. Registration, Transfer, and Exchange.
The Bank shall keep at the Designated PaymenffFransfer Office a register Cncrem referred to as the
"Bond Register") in which, subject to such reasonable regulations as the City or the Bank may prescribe, the
Bank shall provide for the registration of the Bonds and registration of transfers of the Bonds as herein
provided.
Upon surrender for transfer or exchange of any Bond at the Designated Pa)anentdTransfer Office of
the Bank, the Bank shall register and dehver, in the name of the designated transferee or transferees, one or
more new fully regis tea-ed Bonds of the same maturity, of any authorized denominations, and of a like aggregate
principal amount in accordance with the [~t nk~ of the Bond Ordinance.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed (if so required
by the Bank) or be accompanied by a written instrament of transfer in form satisfactory to the Bank duly
executed by the Holder or the attorney thereof duly authorized in writing.
Neither the City nor the Bank shall be required (i) to issue, transfer, or exchange any Bond subject to
rederr~tion during a period beginning at the opening of bnsmess thirty (30) days before the day of the fa-st
mailing of a notice of redemptinn of Bonds and ending at the close of business on the day of such mailing, or
(ii) to transfer or exchange any Bond after it is so selected for redemption, in whole or in part, prior to the
redemption date; except that at the option of the Holder of at least $1,000,000 in principal mount of a series
of Bonds, the Bank is required to transfer or exchange any such Bond which has been selected in whole or in
part for redemption upon the surrender thereof.
In the event that the use of book-entry Iransfers for the Bonds is discontinued, the City shall provide
an adequate inventory of Bond certificates to facilitate transfers and exchanges. The Bank covenants that it
will maintain Bond certificates in safekeeping and will use reasonable ca.re in maintaining such condition in
safekeeping, which shall be not less than the care it maintains for debt securities of other governments or
corporations for which it serves as registrar, or which it maintains for its own securities.
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The Bank as Registrar will maintain the records of the Bond Register in accordance with the Bank's
general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain the
Bond Register in any form other than those which the Bank has currently available and currently utilizes at the
time.
The Bond Register may be maintained in written form or in any other form capable of being converted
into written form within a reasonable time.
SECTION 5.02. Mutilated, Destroyed, Lost, and Stolen Bonds
If(i) any mutilated Bond is sm'rendered to the Bank, or the City and the Bank receive evidence to their
satisfaction of the destxuction, loss or theft of any Bond, and (ii) there is debvered to the City and the Bank
such security or indea'nnJty as may be required by than to save each of than harmless, then, the City shall
execute and upon its request the Bank shall register and deliver, in exchange for or in lien of any such
mutilated, destroyed, lost or stolen Bond (but only upon surrender of such Bond if such Bond is mutilated), a
new Bond of the same series and maturity and of hke tenor and principal amount, bearing a number not
contemporaneously outstanding, in accordance w~th the Bond Ordinance.
ha case any such mutilated, destroyed, lost or stolen Bomt 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 Bonds, the City in its discretion may by City Request have the Bank pay such Bond h~stead of issuing
a new Bond, provided security or indemnity is furnished to the City and the Bank as may be required by them
to save each of than harmless from any loss or damage with respect thereto, all in accordance with the Bond
Ordinance.
SECTION 5.03. List of Holders.
The Bank will provide the City at any tune requested by the City, upon payment of the agreed upon
fee, a copy of the information contained in the Bond Register. The City may also inspect the information in
the Bond Register at any time the Bank is customarily open for business, provided that reasonable time is
allowed the Bank to provide an up-to-date listing or to convert the information into written form.
The Bank will not release or disclose the content of the Bond Register to any Person other than
pursuant to a City Request or other than to an authorized officer or employee of the City, except upon receipt
of a subpoena or court order or as otherwise required by law. Upon receipt ora subpoena or court order the
Bank will notify the City so that the City may contest the subpoena or court order.
SECTION 5.04. Surety Bond.
The City hereby accepts the Bank's current blanket bond for lost, stolen or destroyed Bonds (and any
future substitute blanket bond for lost, stolen or destroyed Bonds that the Bank may arrange with sufficient
coverage to protect the City in the opinion of the Bank) and agrees that the coverage under any such blanket
bond is acceptable to it and meets the City's requirements as to security or indemnity. The B auk need not notify
the City of any changes in the security or other company giving such bond or the t~ ms of any such bond_ The
blanket bond then utihzed for the purpose of lost, stolen, or destroyed certificates by the Bank is available for
inspection by the City on request.
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SECTION 5.05. Transaction kfformation to City.
Tl~e Bank vail, within a reasonable time after receipt of written request fi.om the City, furnish the City
information as to the Bonds it has paid, Bonds it has delivered upon the transfer or exchange of any Bond, and
Bonds it has delivered in exchange for or in lieu of mutilated, destroyed, lost or stolen Bonds.
ARTICLE SIX
RIGItTS AND OBLIGATIONS OF BANK
SECTION 6.01. CertamDuties and Responsibilities.
A. The Bank:
shall perform the duties imposed on the Bank under the Boad Ordinance.
2. shall exercise reasonable care in the performance of its duties as are specifically set
forth in this Agreement, and no implied covenants or obligations shall be read mt~ this Agreement against the
Bank; and
3. tn the absence of bad faith on its part, may conclusively rely, as to the troth of the
statements and the correctness of the opinions expressed thereto, upon certificates or opinions furmshed to the
Bank and conforming to the requirements of this Agreement, but in the case of any opinions which by any
provision hereof are specifically required to be furnished to the Bank, shall be under a duty to examine the same
to determine whether or not they conform to the requirements of this Agreement.
B. No provision of this Agreement shall be construed to relieve the Bank fi.om liability fo~ its own
negligent action, its own negligent failure to act, or its own willful misconduct except that:
this Subsection shall not be construed to hmit the effect of Subsection A of this
Section; and
2. the Bank shall not be liable for any error of judgment made ia good faith by any
officer the~enf, unless it shah be proved that the Bank was negligent in ascertaining the pertinent facts.
C. Whether or not therein expressly so provided, every provision of this Agreement relathag to
the com:luct or affecting the liabthty of or affording protection to the Bank shall be subject to the provisions
of this Section.
D. By executing this Agreement, the Bank hereby represents that it has received a certified copy
of the Bond Ordinance.
SECTION 6.02. Certain Rights of Bank.
Except as otherwise provided in Section 6.01 hereof:
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A. the Bank may rely and shall be protected m acting or refraining fi.om acting upon any
resolution, certificate, staternent, instrument, opinion, report, notice, request, direction, consent, order, bond,
coupon or other paper or document reasonably believed by it to be genuine and to have been signed or presented
by the proper party or parties;
B. the Bank may coasult with legal counsel and the written advice of such counsel or any opinion
of counsel shall be full and complete authorization and protection in respect of any action taken, suffered, or
omitted by the Bank hereunder in good faith and in reliance thereon;
C. the Bank shall not be bound to make any roves tigation into the facts of matters stated in any
resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond,
coupon or other paper or document, but the Bank, in its discretion, may make such further inquiry or
investigation into such facts or matters as it may see fit, and, if the Bank shall determine to make such further
inquiry or investigation, it shall be entitled to examine the books, records, and premises oftbe City, personally
or by agent or attorney; and
D. the Bank may execute any of the trusts or powers hereunder or perform any of the duties
hereunder either directly or by or through agents or attorneys, and the Bank shall not be responsible for any
misconduct or negligence on the part of any agent or attorney appointed hereunder with due care by it.
SECTION 6.03 Not Responsible for Recitals.
The recitals contained in the Bonds, except the Authemtication Certificate signed by the Bank on the
Bonds, shall be taken as the statements of the City, and the Bank assumes no responsibility for then-
SECTION 6.04. May Hold Bonds.
The Bank, in its individual or any other capacity, may become the owner or pledgee of Bonds and
otherwise deal with the City with the same rights it would have if it were not serving as paYing agent, transfer
agent, bond registrar, authenticating agent, or in any other capacity hereunder.
SECTION 6.05. Money Deposited with Bank.
Money deposited by the City with the Bank for payment of principal (or Red,mu-,tion Price, if
applicable) of or interest on any Bonds shall be segregated fi.om other funds of the Bank and the City and shall
be held in trust for the benefit of the Holders of such Bonds.
All money deposited with the Bank hereunder shall be secured in the Ilmnner and to the fullest extent
required by law for the security of funds of the City.
Ammmts held by the Bank which represent principal of and interest on the Bonds remaining unclaimed
by the owner after the expiration of three (3) years from the date such amounts have become due and payable
shall be reported and disposed of by the Bank in accordance with the provisions of Texas law including, to the
extent apphcable, Title 6 of the Texas Property Code, as amended.
The Bank shall be under no liability for interest on any money received by it hereunder.
-9-
This Agreement relates solely to money deposited for the purposes described herein, and the parties
agree that the Bank may serve as depository for other funds of the City, act as trustee under indentures
authorizing other bond transactions, or act hi any other capacity not in conllict with its dutie~ hereunder.
SECTION 6.06. Compensation and Reimbursement.
The City agrees:
A. to pay to the Bank from time to time reasonable compensation for all services rendered by it
herennder, wkich compensation shall be established initially for the Bonds ha accordance with the schedule
attached as Exhibit B, which is made a part hereof fur all purposes;
B. except as otherwise expressly provided herein, to reimburse the Bank upon its request for all
reasonable expenses, disbursements, and advances incurred or made by the Bank ha accordance with any
provisions of th~s Agreement, except to the extent (i) covered by the compensation established pursuant to
Subsection A of this Section or (ii) any such expense, disbursement, or advance as may be attributable to the
negligence or bad faith of the Bank; and
C. to the extent permitted by law, to indernmfy the Bank for, and to hold it harmless against, any
loss, liability, or expense incurred without negligence or bad faith on i~ part, arising out of or in connection
with the administration or performance o fits duties and obligations hereunder, including the costs and expenses
of defending itself (including counsel fees) against any claim or liability in connection with the exercise or
performance of any of its powers or duties hereunder.
SECTION 6.07. Resignation and Removal.
The Bank may resign fi.om its duties hereunder at any time by giving not less than sixty (60) days
w'ritten notice thereef to the City, with such resignation effective upon the appointment of a successor thereto.
The Bank may be removed from its duties hereunder at any time with or without cause by the City
designating a successor upon not less than sixty (60) days written notice; provided, however, that no such
removal shall become effective until such successor shall have accepted the duties of the Bank hereunder by
written instrument.
Upon the effective date of such resignation or removal (or any earlier date designated by the City in
case of resigna.tion) the Bank shall, upon payment of all its fees, charges, and expenses then due, transfer and
deliver to, or upon the order of, the City all funds, records, and Bonds held by it (except any Bonds owned by
the Bank as Holder or pledgee), under this Agreement.
If the Bank shall resign or be removed, the City shall promptly appoint and engage a successor to act
in the place of the Bank hereunder, which appointment shall he effective as of the effective date of the
resignation or removal of the Bank. Such successor shall immediately give notice of its substitution hereunder
in the name of the City to the Holders, including the name of the successor to the Bank and the address of its
principal office and office of payment as provided in the Bond Ordinance.
SECTION 6.08. Merger, Conversion, Consol/dation, or Succession.
Any corporation into which the Bank may be merged or converted or with which it may be
consolidated, or any corporation resulting fi.om any merger, conversion, or consolidation to which the Bank
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shah be a parW, or any corporation succeeding to all or substantially all of the corporate trust business of the
Bank shall be the successor of the Bank hereunder without the execution or filing of any paper or any further
acts on the part of either of the parties hereto. In case any Bond shah have been registered, but not delivered,
by the Bank then tn office, any successor by merger, conversion, or consolidation to such authanticating Bank
may adopt such registration and deliver the Bond so registered with the same effect as if such successor Bank
had itself registered such Bonds.
SECTION 6.09. Bank Not a Trustee.
This Agreement shall not be construed to require the Bank to enforce any remedy which any Holder
may have againat the City during any default or event of default under any agreement between any Holder and
the City, including the Bond Ordinance, or to act as Ixustee for such Holder.
SECTION 6.10. Bank Not Resconsible for Bonds.
The Bank shall not he accountable for the use of any Bonds or for the use on application of the
proceeds thereo£
SECTION 6.11. Adjudication and Interpleader.
The City and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or
controversy over its persons as well as funds on deposit, in the appropriate state or federal court in the State
of Texas, and agree that service of process by certified or registered mail, return-receipt requested, to the
address set forth in this Agreement shall constitute adequate service. The City and the Bank further agree that
the Bank has the fight to file a Bill of Interpleader in any cou~t of competent jurisdiction within the State of
Texas to determine the rights of any Person claiming interest herein.
SECTION 6.12. Bunk's Funds Not Used.
No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise
incur any financial hability for performance of any of its duties hereunder, or m the exercise of any of its rights
of powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity
satisfactory to it against such risks or liability is not assured to it.
The Bank shall in nc event be hable to the City, any Holder, or any other Person for any amount due
on any Bond fi-om its own funds.
SECTION 6.13. Del>ository Trust Coml~any Services.
It is hereby represented and warranted tha t, in the event the Bonds are otherwise qualified and accepted
for The Depository Trust Company CDTC") services or equivalent depository trust services by other
organi?,ations, the Bank has the capability and, to the extent within its control, will comply with the operational
arrangements which establishes requirements for securities to be elig/ble for such type depository taus t service~,
including, but not limited to, requirements for the timeliness of payments and funds availability, transfer
turnaround time and notification of redemptions and calls. The City hereby represents that a duly executed
DTC Blanket Letter of Representations is on file with DTC.
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SECTION 6.14. Entire Agreement.
This Agreement and the Bond Ordinance constitute the entire agreement between the parties hereto
relative to the Bank acting as Paying AgenlfReglstrar and if any conflict exists between this Agreement and
the Bond Ordinance, the Bond Ordinance shall govern.
SECTION 6.15. Counterparts.
This Agreement may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, but all such counterparts shall together constitute but one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, and
their respective seels to be hereunto affrxed and attested, all as of the day and year first above written.
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
By:
City Manager
City Secretary
APPROVED:
MARY KAY FISCHER, CITY ATTORNEY
(SEA[)
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THE BANK OF NEW YORK TRUST COMPANY,
N.A.
By:
Title:
ATTEST:
Title:
(SEAL)
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EXlqIBIT A
City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2004, dated __
2004, issued m the aggregate principal amount of $
EXHIBIT B
FEE SCHEDULE
BOND REGISTRAR, TRANSFER AGENT, AND PAYING AGENT
ESCROW AGREEMENT
CITY OF CORPUS CHRISTI, TEXAS, GENEKAL
IMPROVEMENT REFUNDING BONDS SERIES 2004 ESCROW
THIS ESCROW AGREEMENT, dated as of ., 2004 (herein, together with any
amendments or supplements hereto, called the "Agreement") is entered into by and between the City
of Corpus Christi, Texas (herein called the "Issuer") and The Bank of New York Trust Company,
N.A., as escrow agent (herein, together with any successor in such capacity, called the "Escrow
Agent"). The addresses of the Issuer and the Escrow Agent are shown on Exh~it "A" attached
hereto and made a part hereof.
WITNESSETH:
WHEREAS, the Issuer heretofore issued and there presently remain outstanding the
obLigations (the "Refunded ObLigations") described in the Verification Report of Grant Thornton
LLP, a true and correct copy of which is attached hereto as Exln~oit "B" and made a part hereof(the
"Report"), relating to the Refunded ObLigations; and
WHEREAS, the Refunded ObLigations are scheduled to mature on such dates, bear interest
at such rates, and be payable at such times and in such amounts as are set forth in the Report; and
WHEREAS, when firm banking arrangements have been made for the payment of principal
and interest to the maturity or redemption date of the Refunded Obligations, then the Refunded
ObLigations shall no longer be regarded as outstanding except for the purpose of receiving payment
fi.om the funds provided for such purpose; and
WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207"), authorizes the Issuer
to issue refunding bonds and to deposit the proceeds fi.om the sale thereof, and any other available
funds or resources, directly with any place o fpayment (paying agent) for any of the Refunded Obliga-
tions, and such deposit, if made before such payment dates and in sufficient amounts, shall constitute
the making of firm banking and financial arrangements for the discharge and final payment of the
Refunded Obligations; and
WHEREAS, Chapter 1207 further authorizes the Issuer to enter into an escrow agreement
with any such paying agent for any of the Refunded ObLigations with respect to the safekeeping,
investment, administration and disposition of any such deposit, upon such terms and conditions as
the Issuer and such paying agent may agree, provided that such deposits may be invested only in
direct obLigations of the United States of America, including obLigations the principal of and interest
on which are unconditionally guaranteed by the United States of America, and which may be in book
entry form, and which shall mature and/or bear interest payable at such times and in such amounts
as will be sufficient to provide for the scheduled payment of principal and interest on the Refunded
Obligations when due; and
WHEREAS, the Escrow Agent is the paying agent for the Refunded Obligations, and this
Agreement constitutes an escrow agreement of the kind authorized and required by said
Chapter 1207; and
WHEREAS, Chapter 1207 makes it the duty of the Escrow Agent to comply with the terms
of this Agreement and timely make available the amounts required to provide for the payment of the
principal of and interest on such obligations when due, and in accordance with their terms, but solely
fi.om the funds, in the manner, and to the extent provided in this Agreement; and
WHEREAS, the City of Corpus Christi, Texas General Improvement Refunding Bonds,
Series 2004 (the "Refunding Obligations") have been issued, sold and delivered for the purpose,
among others, of obtaining the funds required to provide for the payment of the principal of the
Refunded Obligations at their maturity or date of redemption and the interest thereon to such dates;
and
WHEREAS, the Issuer desires that, concurrently with the delivery of the Refunding
Obligations to the purchasers thereof, certain proceeds oftbe Refunding Obligations, together with
certain other available funds of the Issuer, if applicable, shall be applied to purchase certain direct
obligations of the United States of America hereinafter defined as the "Escrowed Securities" for
deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to
establish a beginning cash balance (if needed) in such Escrow Fund; and
WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable
at such times and in such amounts so as to provide moneys which, together with cash balances fi.om
time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded
Obligations as ~t accrues and becomes payable and the principal of the Refunded Obligations on their
maturity or date of redemption; and
WHEREAS, to facilitate the receipt and transfer of proceeds of the Escrowed Securities,
particularly those in book entry form, the Issuer desn-es to establtsh the Escrow Fund at the
designated corporate trust office of the Escrow Agent; and
WHEREAS, the Escrow Agent is herein also referred to as the "Paying Agent", and in such
capacity as paying agent for the Refunded Obligations, acting through the Escrow Agent, is also a
party to this Agreement, as the sole paying agent for the Refunded Obligations, to acknowledge its
acceptance of the terms and provisions of this Agreement in such capacity.
NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements
herein contained, the sufficiency o fwhich hereby are acknowledged, and to secure the full and timely
payment of principal of and the interest on the Refunded Obhgations, the Issuer and the Escrow
Agent mutually undertake, promise, and agree for themselves and their respective representatives and
successors, as follows:
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ARTICLE I
DEFINITIONS AND INTERPRETATIONS
Section 1.01. Definitions. Unless the context clearly indicates otherwise, the following terms
shall have the meanings assigned to them below when they are used in this Agreement:
"Code" means the Internal Revenue Code of 1986, as amended, or to the extent applicable
the Internal Revenue Code of 1954, together with any other applicable provisions of any successor
federal income tax laws.
"Escrow Fund" means the fund created by this Agreement to be adminiatered by the Escrow
Agent pursuant to the provisions of this Agreement.
"Escrowed Securities" means the direct noncallable, non-prepayable United States Treasury
obhgations and obligations the due timely payment of which is unconditionally guaranteed by the
United States of America descn'bed in the Report or cash or other direct obligations of the United
States of America substituted therefor pursuant to Article IV of this Agreement.
Section 1.02. Other Definitions. The terms "Agreement", "Issuer", "Escrow Agent",
"Refunded Obligations", "Refunding Obligations", "Report" and "Paying Agent", when they are used
in this Agreement, shall have the meanings assigned to them in the preamble to this Agreement.
Section 1.03. Interpretations. The titles and headings of the articles and sections of this
Agreement have been inserted for convenience and reference only and are not to be considered a part
hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the
terms and provisions hereof shall be hberally construed to effectuate the purposes set forth herein and
to acfueve the intended purpose of providing for the refunding of the Refunded Obligations in
accordance with applicable law.
ARTICLE II
DEPOSIT OF FUNDS AND
ESCROWED SECURITIES
Concurrently with the sale and delivery of the Refunding Obligations the Issuer shall deposit,
or cause to be deposited, with the Escrow Agent, for deposit in the Escrow Fund, the funds and
Escrowed Securities described in the Report, and the Escrow Agent shall, upon the receipt thereof;
acknowledge such receipt to the Issuer in writing.
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ARTICLE III
CREATION AND OPERATION OF ESCROW FUND
Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special trust fund
and irrevocable escrow to be known as the City of Corpus Christi, Texas General Improvement
Refunding Bonds Series 2004 Escrow Fund (the "Escrow Fund"). The Escrow Agent hereby agrees
that upon receipt thereof it will irrevocably deposit to the credit of the Escrow Fund the funds and
the Escrowed Securities described in the Report. Such deposit, all proceeds therefrom, and all cash
balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, (b) shall
be applied only in strict conformity with the terms and conditions of this Agreement, and (c) are
hereby irrevocably pledged to the payment of the principal of and interest on the Refunded
Obligations, which payment shall be made by timely transfers of such amounts at such times as are
provided for in Section 3.02 hereof. When the final transfers have been made for the payment of such
principal of and interest on the Refunded Obligations, any balance then remaining in the Escrow Fund
shall be transferred to the Issuer, and the Escrow Agent shall thereupon be discharged fi.om any
further duties hereunder.
Section 3.02. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably
instructed to transfer from the cash balances fi'om time to time on deposit in the Escrow Fund, the
amounts required to pay the principal o ftbe Refunded Obhgations and interest thereon m the amounts
and on the date shown in the Report.
Section3.03. SufficiencyofEscrowFund. The lssuer represents that the successive receipts
of the principal of and interest on the Escrowed Securities will assure that the cash balance on deposit
fi.om time to time in the Escrow Fund will be at all times sufficient to provide moneys for transfer to
the Paying Agent at the times and m the amounts required to pay the interest on the Refunded
Obligations as such interest comes due and the principal of the Refunded Obligations as the Refunded
Obligations mature, all as more fully set forth in the Report. If, for any reason, at any time, the cash
balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer
the amounts required by each place of payment (paying agent) for the Refunded Obligations to make
the payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund, fi.om
any funds that are lawfully available therefor, additional funds in the amounts required to make such
payments. Notice of any such insufficiency shall be g~ven as promptly as practicable as bereinaficer
provided, but the Escrow Agent shall not in any manner be responstble for any insufficiency offimds
in the Escrow Fund or the Issuer's failure to make additional deposits thereto.
Section 3.04. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund, the
Escrowed Securities and all other assets of the Escrow Fund, wholly segregated fi'om all other funds
and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any
other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow
Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth hereim The
Escrowed Securities and other assets of the Escrow Fund shall always be maintained by the Escrow
Agent as trust funds for the benefit of the owners of the Refunded Obhgations; and a special account
thereof shall at all times be maintained on the books of the Escrow Agent. The owners of the
Refunded Obligations shall be entitled to the same preferred claim and first hen upon the Escrowed
Securities, the proceeds thereof, and all other assets of the Escrow Fund to winch they are entitled
as owners of the Refunded Obligations. The amounts received by the Escrow Agent under this
Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall
have no right to title with respect thereto except as a constructive trustee and Escrow Agent under
the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall
not be subject to warrants, drafts or checks drawn by the Issuer or, except to the extent expressly
herein provided, by the Paying Agent.
Section 3.05. Security for Cash Balances. Cash balances from time to time on deposit in the
Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or its
successor, be continuously secured by a pledge of direct obhgations of, or obligations unconditionally
guaranteed by, the Ultited States of America, having a market value at least equal to such cash
balances.
ARTICLE IV
LIMITATION ON iNVESTMENTS
Section 4.01. Duty of Escrow Agent to Investment Funds. Except as provided in Sections
3.02, 4.02, 4.03 and 4.04 hereof, the Escrow Agent shall not have any power or duty to invest or
reinvest any money held hereunder, or to make substitutions of the Escrowed Securities, or to sell,
transfer or otherwise dispose of the Escrowed Securities.
Section 4.02. Reinvestment of Certain Cash Balances in Escrow by Escrow Agent. In
addition to the Escrowed Securities 1/sted in the Report, the Escrow Agent shall reinvest cash
balances shown in the Report in Umted States Treasury Obligations - State and Local Government
Series with an interest rate equal to zero percent (0%) to the extent (i) such Treasury Obhgations are
available fi.om the Department of the Treasury and (ii) such reinvestments are called for in the Report.
All such reinvestments shall be made, if and to the extent so required, only fi-om the portion of cash
balances derived fi.om the maturing principal of and interest on Escrowed Securities that are United
States Treasury Certificates of Indebtedness, Notes or Bonds - State and Local Government Series.
All such reinvestments shall be acquired on and shall mature on the dates shown on the Report.
Section 4.03. Substitutions and Reinvestments. At the direction of the Issuer, the Escrow
Agent shall reinvest cash balances representing receipts from the Escrowed Securities, make
substitutions of the Escrowed Securities or redeem the Escrowed Securities and reinvest the proceeds
thereof or hold such proceeds as cash, together with other moneys or securities held hi the Escrow
Fund, provided that the Issuer delivers to the Escrow Agent the following:
(1) an opinion by an independent certified public accountant that after such
substitution or reinvestment the principal amount of the securities in the Escrow Fund,
together with the interest thereon and other available moneys, will be sufficient to pay,
without further investment or reinvestment, as the same become due in accordance with the
Report, the principal of, interest on and premium, if any, on the Refunded Obligations which
have not previously been paid, and
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(2) an unqualified opinion o fnationally recogmZed municipal bond counsel to the
effect that (a) such substitution or reinvestment will not cause the Refunded Obligations to
be "arbitrage bonds" within the meaning of Section 103 of the Code or the regulations
thereunder in effect on the date of such substitution or reinvestment, or otherwise make the
interest on the Refunded Obhgations subject to federal income taxation, and Co) such
substitution or reinvestment comphes with the Constitution and laws of the State of Texas
and with all relevant documents relating to the issuance of the Refunded Obligations.
The Escrow Agent shall have no responsibility or liabihty for loss or otherwise with respect
to investments made at the direction of the Issuer.
Section 4.04. Substitution for Escrowed Securities. Concurrently with the initial deposit by
the Issuer with the Escrow Agent, but not thereafter, the Issuer, at its option, may substitute cash or
non-interest bearing dkect noncallable, non-prepayable obligations of the United States Treasury (i.e.,
Treasury obligations which mature and are payable in a stated amount on the maturity date thereof,
and for which there are no payments other than the pa3anent made on the maturity date) (the
"Substitute Obligations") for non-interest bearing Escrowed Securities, if any, but only if such
Substitute Obligations
(a)
are in an amount, and/or mature in an amount, which is equal to or greater than the
amount payable on the maturity date of the obligation listed in the Report for which
such Substitute Obligation is substituted,
(b)
mature on or before the maturity date of the obligation listed in the Report for which
such Substitute Obligation is substituted, and
(c)
produce the mount necessary to pay the interest on and principal of the Refunded
Obhgations, as set forth in the Rqport, as verified by a certified public accountant or
a firm of certified public accountants.
If, concurrently with the initial deposit by the Issuer with the Escrow Agent, any such Substitute
Obligations are so substituted for any Escrowed Sectmties, the Issuer may, at any time thereaRer,
substitute for such Substitute Obhgations the same Escrowed Securities for which such Substitute
Obligations originally were substituted.
Section 4.05. Arbitrage. The Issuer hereby covenants and agrees that it shallnever request
the Escrow Agent to exercise any power hereunder or permat any part of the money in the Escrow
Fund or proceeds fi.om the sale of Escrowed Secuhties to be used directly or indirectly to acquire any
securities or obligations ff the exercise of such power or the acquisition of such securities or
obhgations would cause any Refunding Obligations or Refunded Obligations to be an "arbitrage
bond" within the meaning of the Code.
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ARTICLE V
APPLICATION OF CASH BALANCES
Except as provided in Sections 3.01, 3.02, 4.02, 4.03 and 4.04 hereof, no withdrawals,
transfers, or reinvestment shall be made of cash balances in the Escrow Fund.
ARTICLE VI
RECORDS AND REPORTS
Section 6.01. Records. The Escrow Agent w/II keep books of record and account in which
complete and correct entries shall be made o fall transactions relating to the receipts, disbursements,
allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and
all proceeds thereof, and such books shall be available for inspection at reasonable hours and under
reasonable conditions by the Issuer and the owners of the Refunded Obligations.
Section 6.02. Reports. While this Agreement remains in effect, the Escrow Agent annually
shall prepare and send to the Issuer a written report summarizing all transactions relating to the
Escrow Fund during the preceding year, including, without limitation, credits to the Escrow Fund as
a result of interest payments on or maturities of the Escrowed Securities and transfers fi-om the
Escrow Fund for payments on the Refunded Obligations or otherwise, together with a detailed
statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the
end of such period.
ARTICLE VII
CONCERNING THE PAYING AGENTS AND ESCROW AGENT
Section 7.01. Representations. The Escrow Agent hereby represents that it is the duly acting
Paying Agent for the Refunded Obligations, that it has all necessary power and authority to enter into
thns Agreement and undertake the obligations and responsibilities imposed upon it herein, and that
it will carry out all of its obligations hereunder.
Section 7.02. Limitation on Liability. The liability of the Escrow Agent to transfer funds for
the payment of the principal of and interest on the Refunded Obligations shall be limited to the
proceeds of the Escrowed Securities and the cash balances fi'om time to time on deposit in the
Escrow Fund. Notwithstanding any provision contained herein to the contrary, neither the Escrow
Agent nor the Paying Agent shall have any liability whatsoever for the insufficiency of funds fi.om
time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make
timely payment thereon, except for the obligation to notify the Issuer as promptly as practicable of
any such occurrence.
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The recitals herein and in the proceedings authorizing the Refunding Obligations shall be taken
as the statements of the Issuer and shall not be considered as made by, or imposing any obligation or
liability upon, the Escrow Agent. The Escrow Agent is not a party to the proceedings authorizing
the Refunding Obligations or the Refunded Obligations and is not responsible for nor bound by any
of the provisions thereof(except as a place of payment and paying agent and/or a registrar therefor).
In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and
provisions ofthrs Agreement.
The Escrow Agent makes no representations as to the value, conditions or sufficiency of the
Escrow Fund, or any part thereof; or as to the title of the Issuer thereto, or as to the security afforded
thereby or hereby, and the Escrow Agent shall not incur any liability or respons~ility in respect to
any of such matters.
It is the intention of the parties hereto that the Escrow Agent shall never be required to use
or advance its own funds or otherwise incur personal financial liability in the performance of any of
its duties or the exercise of any of its rights and powers hereunder.
The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in
good faith in any exercise of reasonable care and believed by it to be within the discretion or power
conferred upon it by this Agreement, nor shall the Escrow Agent be responsble for the consequences
of any error of.judgment; and the Escrow Agent shall not be answerable except for its own action,
neglect or default, nor for any loss unless the same shall have been through its negligence or willful
misconduct.
Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine
or inquire into the happening or occurrence of any event or contingency or the performance or failure
of performance of the Issuer with respect to arrangements or contracts with others, with the Escrow
Agent's sole duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same
in accordance with this Agreement. If} however, the Escrow Agent is called upon by the terms of this
Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obli-
gated, in making such determination, only to exercise reasonable care and diligence, and in event of
error in making such determination the Escrow Agent shall be liable only for its own willful
misconduct or its negligence. In determining the occurrence of any such event or contingency the
Escrow Agent may request fi.om the Issuer or any other person such reasonable additional evidence
as the Escrow Agent in its discretion may deem necessary to deterrnme any fact relating to the
occurrence of such event or contingency, and in this connection may make inquiries of; and consult
with, among others, the Issuer at any time.
Section 7.03. Compensatton. (a) Concurrently with the sale and delivery of the Refunding
Obligations, the Issuer shall pay to the Escrow Agent, as a fee for performing the services hereunder
and for all expenses incurred or to be incurred by the Escrow Agent in the administration of this
Agreement, and for all future paying agency services as Paying Agent for the Refunded Obligations,
the sum of $ ., the sufficiency of which is hereby acknowledged by the Escrow Agent. In the
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event that the Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer
hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary serv/ces and to re-
imburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extra-
ordinary serv/ces, and the Escrow Agent hereby agrees to look only to the Issuer for the payment of
such fees and reimbursement of such expenses. The Escrow Agent hereby agrees that in no event
shall it ever assert any claim or hen against the Escrow Fund for any fees for its serv/ces, whether
regular or extraordinary, as Escrow Agent, or in any other capacity, or for re~nbursement for any of
its expenses.
(b) Upon receipt of the aforesaid specific sums stated in subsection (a) of this Section 7.03
for Escrow Agent and paYing agency fees, expenses, and services, the Escrow Agent shall acknowl-
edge such receipt to the Issuer in writing.
Section 7.04. Successor Escrow Agents. If at any time the Escrow Agent or its legal
successor or successors should become unable, through operation or law or otherwise, to act as
escrow agent hereunder, or flits property and affairs shall be taken under the control of any state or
federal court or administrative body because of mS°lvency or bankruptcy or for any other reason, a
vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event the Issuer, by
appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If no successor
Escrow Agent shall have been appointed by the Issuer within 60 days, a successor may be appointed
by the owners of a majority in principal amount oftbe Refimded Obligations then outstanding by an
instrument or instruments m writing filed with the Issuer, signed by such owners or by their duly
authorized attorneys-in-fact. If, in a proper case, no appoinPment of a successor Escrow Agent shall
be made pursuant to the foregoing provisions of this section within three months after a vacancy shall
have occurred, the owner of any Refunded Obligation may apply to any court of competent
jurisdiction to appoint a successor Escrow Agent. Such court may thereupon, after such notice, if
any, as it may deem proper, prescribe and appoint a successor Escrow Agent.
Any successor Escrow Agent shall be a corporation organized and doing business under the
laws of the United States or the State of Texas, authorized under such laws to exercise corporate
trust powers, authorized under Texas law to act as an escrow agent, having its principal office and
place of business m the State of Texas, having a combined capital and surplus of at least $5,000,000
and subject to the supervision or examination by Federal or State authority.
Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the
Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall
execute and deliver tm instrument transferring to such successor Escrow Agent, subject to the terms
of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder. Upon the request
of any such successor Escrow Agent, the Issuer shall execute any and all instruments in writing for
more fully and certainly vesting in and confirming to such successor Escrow Agent all such fights,
powers and duties.
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The Escrow Agent at the tline acting hereunder may at any time resign and be discharged
fi-om the trust hereby created by giving not less than sixty (60) days' written notice to the Issuer and
publishing notice thereof~ specifying the date when such resignation will take effect, in a newspaper
printed in the English language and with general circulation in New York, New York, such
publication to be made once at least three (3) weeks prior to the date when the resignation is to take
effect. No such resignation shall take effect unless a successor Escrow Agent shah have been
appointed by the owners of the Refunded Obligations or by the Issuer as herein proxdded and such
successor Escrow Agent shah be a paying agent for the Refunded Obligations and shallhave accepted
such appointment, inwhich event such resignation shaHtake effect hnmediatelyupon the appointment
and acceptance of a successor Escrow Agent.
Under any circumstances, the Escrow Agent shah pay over to its successor Escrow Agent
proportional parts of the Escrow Agent's fee and, if applicable, its Paying Agent's fee hereunder.
ARTICLE VIII
MISCELLANEOUS
Section 8.01. Notice. Any notice, authorization, request, or demand required or permitted
to be given hereunder shall be in writing and shah be deemed to have been duly given when mailed
by registered or certified mail, postage prepaid addressed to the Issuer or the Escrow Agent at the
address shown on Exhi3oit "A" attached hereto. The United States Post Office registered or certified
mail receipt showing dehvery of the aforesaid shall be conclusive evidence of the date and fact of
delivery. Any party hereto may change the address to which notices are to be delivered by giving to
the other parties not less than ten (10) days prior notice thereof Prior written notice of any
amendment to this Agreement contemplated pursuant to Section 8.08 and immediate written notice
of any incidence of a severance pursuant to Section 8.04 shah be sent to Moody's Investors Service,
Attn: Public Finance Rating Desk/Refunded Bonds, 99 Church Street, New York, New York 10007
and Standard & Poor's Corporation, Attn: Mumcipal Bond Department, 25 Broadway, New York,
New York 10004.
SectionS.02. TermmationofResl~onsibilities. UpontbetakingofaHtbeactionsas described
herein by the Escrow Agent, the Escrow Agent shall have no further obligations or respons~ilities
hereunder to the Issuer, the owners of the Refunded Obligations or to any other person or persons
in connection with tfus Agreement.
Section 8.03. Binding A~eement. This Agreement shah be binding upon the Issuer and the
Escrow Agent and their respective successors and legal representatives, and shall inure solely to the
benefit of the owners of the Refimded Obligations, the Issuer, the Escrow Agent and their respective
successors and legal representatives.
Section 8.04. Severabihty. In case any one or more of the provisions contained in this
Agreement shah for any reason be held to be invalid, illegal or unenforceable in any respect, such
invahdity, illegality or unenforceability shah not affect any other provisions of this Agreement, but
this Agreement shall be construed as if such invahd or illegal or unenforceable provision had never
been contained herein.
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Section 8.05. Texas Law Governs. This Agreement shall be governed exclusively by the
provisions hereof and by the apphcable laws of the State of Texas.
Section 8.06. Time of the Essence. Time shall be of the essence in the performance of
obligations fi-om time to time imposed upon the Escrow Agent by this Agreement.
Section 8.07. Effective Date of A~reement. This Agreement shall be effective upon receipt
by the Escrow Agent of the funds described in the Report and the Escrowed Securities, together with
the specific sums stated in subsections (a) and (b) of Section 7.03 for Escrow Agent and paying
agency fees, expenses, and services.
Section 8.08. Amendments. This Agreement shah not be amended except to cure any
ambiguity or formal defect or omission in this Agreement. No amendment shah be effective unless
the same shah be in writing and signed by the parties thereto. No such amendment shall adversely
affect the rights of the holders of the Refunded Obhgations.
Section 8.09. Counterparts. This Agreement maybe executed m any number of counterparts,
each of which shall be regarded as an original and all of which shall constitute one and the same
instrument.
[EXECUTION PAGE FOLLOWS]
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EXECUTED as of the date first written above.
CITY OF CORPUS CHRISTI, TEXAS
ATFEST:
By
City Manager
City Secretary
(SEAL)
APPROVED:
MARY KAY FISCHER, CITY ATTORNEY
THE BANK OF NEW YORK TRUST
COMPANY, N.A.
By
Title:
ATTEST:
By
Title:
(SEAL)
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INDEX TO EXHIBITS
Exl~oit "A" Addresses of the Issuer and the Escrow Agent
Exh~it "B" Verification Report of Grant Thornton LLP
EXHIBIT "A"
ADDRESSES OF THE ISSUER
AND ESCROW AGENT
ISSUER
City of Corpus Christi, Texas
1210 Leopard
Corpus Christi, Texas 78401
Attention: Director of Financial Services
ESCROW AGENT
The Bank of New York Trust Company, N.A.
10161 Centurion Parkway
Third Floor
Jacksonville, Florida 32256
Attention: Corporate Trust Operations
EXHIBIT "B"
VERIFICATION REPORT OF
GRANT THORNTON LLP
29
NO ATTACHMENT FOR THIS ITEM
30
NO ATTACHMENT FOR THIS ITEM
31
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2004
AGENDA ITEM:
Update of Five-Year General Fund Financial Forecast and
Overview of FY 2004-2005 General Fund Proposed Budget
ISSUE:
As part of the Council review of the FY 2004-2005 Proposed Budget, this second
budget presentation will focus on the Five Year General Fund Financial Forecast and
the General Fund revenues and expenditures.
The Ci~ Council is scheduled to adopt the FY 2004-2005 Annual Budget on July 13~
and 20"'.
REQUIRED COUNCIL ACTION:
No formal action is required at this time.
PREVIOUS COUNCIL ACTION:
Submitted FY 2004-2005 Proposed Budget on May 25, 2004
FUNDING:
N/A
CONCLUSION AND RECOMMENDATION:
N/A
Assistant City Manager
Support Services
Attachments:
PowerPoin[ Presentation
Invesling in Our Future
FY2004-05
General Fund
Proposed Budget
FY2004-05
General Fund Proposed Budget
Updated
Five Year
Forecast
Investing in Our Future
Financial Forecast Assumptions
evenues
· Property Tax Revenue: 6% in FY04-05;
3% thereafter
· Industrial District Payments: 3.5% in FY04-05;
3% thereafter
· Sales Tax Revenue: 3.5% in FY04-05;
3% thereafter
· Other:
· New Pipeline License Agreements
· Solid Waste Revenues - rate increase to fund
new current year debt; 0.25% thereafter
· Most Other Revenue Growth - 2%
· Any Future Fee Adjustments Not Included
Financial Forecast Assumptions
Expenditures
· Salary Adjustments -
· Modified Year 3 of Compensation Plan
Implementation in FY04-05
· TMRS for half year in FY04~35; full year
thereafter
· Projected Sworn Personnel Salary Adjustments
· Increase in Salary Savings (approx. 5%)
· Annual Police & Fire Academies
· No New Positions
· Health Insurance Premiums -
19%-15%-14% increase FY04d)5; 10% increase/yr.
thereafter
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.Financial Forecast Assumptions
Expenditures (Continued)
· Regular Capital Items:
· Patrol Car Replacements Each Year
· Three Fire Engines Year One, Thereafter One Fire
Engine/Year
· One Ambulance Replacement/Year
· Additional Items Now Accounted For:.
· Detention Center Costs
· Juvenile Court
· Items Remaining Unaccounted For.
· O & M Costs Related to Bond 2004 Projects
· Landfill Expansion/Development Options
· Impact of Proposition 13
_General Fund Five Year Financial Forecast
FY2004-05
General Fund Proposed Budget
General Fund
Revenues
Investing in Our Future
Revenues - Property Tax
· Assuminl~ 6% Growth, One Cent = $912,400
· One Percent Additional Growth =
Net Taxable Values
$554,500
Revenues - Property Tax
· Current Rate Cap = $0.6800
· Voter ~luthorized Outside o£Ca~ = $0.0194
· Room Under Cap = $0.0552
ltistorieal Tax Rate
1996 1997 1998 1999 2{~ 2001 2002 20~3 2004
Ta~ Year
Revenues -Payments in Lieu of Taxes
Industrial District Values
Mi[lions
$2,000
$13oo
$1,6oo
$1,4oo
$1,200
$800
$6oo
$400
Year
Revenues - Payments in Lieu of Taxes
Industrial District
$6
$4
$3
$2--
$1--
1997
Payment $5.48
Revenues - Sales Tax
$40
Historical Collections
$35
$30
$1oL~
1997 1998 19~ 2000 2001 2002 2003 2~ 2~5
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Revenues - Sales Tax
10%
9%--
%Change in Collections from Year to Year
s% f
6% ~ ·
4%7 ·
3%-
Fiscal Year EsL Pmj.
Revenues - Franchise Fees
· New Pipeline License A~reements: $538,090
(75% Gulfterra)
Historical Collections
~'~Jl I I I I I I -
I Ill I I I -
I I Ill I I I -
I I I I ~ I I 1
~_ I I I I I I I I _
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Revenues - Solid Waste Services
· Solid Waste Service Fee Adjustments: $978,545
(residential garbage collection, refuse disposal)
Historical Collections
$20,000,000
$15,000,0t$
~10,00~,000
1999 2099 2001 2002 2003 2004 2005
Revenues - Other Proposed Fee Adjustments
· Public Safety Service Fees: $874,447
(911 wireline; alarm permits; taxi driver perrnits; SOB
licenses; haz mat clean up; fire protection permits)
· Park & Recreation Use Fees: $109,832
(Latchkey, e-registration, facility rentals)
· Health Service Fees: $123,590
(swirnming pool & restaurant inspections/permits; animal
bite testing
· Library Fees: $I 71,492
(overdue boobs charges, non-resident user fees
· Other: $175,000 (beach permits, garage sale permits)
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Revenues by Source
Other
11%
ltl le r~k: ~t
Admio Cha r~ [/]
4%
lnd Dist
4%
Mn nlcilml Court
3%
~ 4./.
Franchise Fees
Ad Val Taxes
27%
Sales Tax
23%
FY2004-05
General Fund Proposed Budget
General Fund
Expenditures
Investing in Our Future
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Expenditures - Budget Reductions
· Use of Target Budgeting
· AdditionalReductions in "Baseline"- $513K
· Non-funding of Supplemental Requests
· Total of $6.1 million in Restoration Requests
· Only $799K Funded
· Programmed Salary Savings
· In creased to 5 % of Total Base Salaries
· Approximately $500K More in Programmed Savings
Major Expenditure Increases
· Salary Adiustments:
· Civilians -
· Sworn Personnel -
$1,534,000
1,802,446
· Benefit Adjustments:
· Health Ins. -
· Retirement -
$1,199,630
669,465
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Major Expenditure Increases
· New Pro, rams/Enhancements = $ 798, 725
· New Detention Center - $421,193
· Juvenile Court Restoration - 266,068
· Additional Legislative Costs - 35,000
· ADA Compliance Program - 18,326
· Beach Maintenance- 25,897
· Three New Fire Apparatus - 32,241
General Fund Summary
· Total Increase = $ 7. 96 million
· Maior Increases =
· Salary Adjustments -
· Benefit Adjustments -
· New/Enhanced/Restored Programs -
· Increase: Ambulance Fund Subsidy -
· Increase: Sr. Comm. Service Transfer-
· New Landfall Debt Service -
$7.58 million
$3,336,446
1,869,095
798, 725
946,328
173,791
458,259
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General Fund Summary
Growth in Unreserved Fund Balance ~._~ or/.
_ ~ ~ o,/,4c~./.
~9'/. ~9'/. ~
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Balance of Schedule
· June 15tn -
Enterprise Funds Overview
· June 22'a -
Special Revenue & Internal Service Funds
Overview
· June 29tn -
Public Hearing
· July 13tn and July 20th -
1st & 2nd Reading of Adoption Ordinance
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FY2004-05
General Fund Proposed Budget
Questions
&
Comments
Investing in Our Future
25
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