HomeMy WebLinkAboutAgenda Packet City Council - 07/27/2004CITY COUNCIL AGENDA
JULY 27, 2OO4
Corpus Ch risti
Ail-America City
11:45 A.M. - Proclamatioe declaring August 1, 2004 as 'National Kids Day'
Proclamation declaring August 3, 2004 as 'Nal~onal Night Out"
Honorary Citizen Certificates - Sister City Exchange Students
PresentalJon of StorrnReady Recognition to ~he City from the National Weather Service
Swearing-in ceremony of newly appointed Municipal Court Judges
AGENDA
CI'I'Y OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JULY 27, 2004
10:00 A.M.
PUBLIC NOTICE- THE USE OF CELL ULAR PHONES AND SOUND A CTIVA TED PA GERS ARE PROHIBITED IN THE
CITY COUNCIL CHAMBERS DURING MEETINGS OF THE crrY 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 Counc# Meeting, whichever is eadier. Please speak irrto the mlcrophone located at the podlum and state your narne
and address. Your presentat~n will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present il to the Ci~ Secretary.
Si Usted desea dirigirse al Concilio y cree qua su ingl~s es limitado, hab~ un infO,prate ingkJs-espaflol en todas las juntas
del Concllio pa/-a ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Reverend Ed Seegar.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Javier Colmenero
Council Members:
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa __
E. MINUTES:
1. Approval of Regular Meeting of July 20. 2004. (Attachment # 1)
Agenda
Regular Council Meeting
July 27, 2004
Page 2
F. BOARDS & COMMrl-rEE APPOINTMENTS: (Attachment # 2)
Corpus Chdsti Downtown Management Distdct
Transportation Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsidermaybe made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any raconsiderad
item,
He
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 materfal on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS;
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving the purchase of one pickup and one heavy
truck from Access Ford, Corpus Chdsti, Texas based on Iow bid
meeting specifications and most advantageous bid in accordance
with Bid Invitation No. BI-0112-04 for a total amount of $53,824.
These vehicles will be used by the Gas Department and Animal
Control and are replacements to the fleet. Funding is available in
the Gas Department Operations Budget and from the FY 2003-
2004 Capital Outlay Budget in the Maintenance Services Fund.
(Attachment # 3)
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
July 27,2004
Page 3
Motion approving a supply agreement with Code Blue Police
Supply, of San Antonio, Texas for soft body armor in accordance
with Bid Invitation No. BI-0095-04, based on best value for an
estimated annual expenditure of $119,856. The term of the
agreement shall be for twelve months with an option to extend for
up to two additional twelve-month pedods, subject to the approval
of the supplier and the City Manager or his designee. Funds are
available from the Law Enforcement Trust Fund. (Attachment
#4)
Motion approving the purchase of two tractor loader backhoes
from J. C. Brown, Inc., of Pharr, Texas for the total amount of
$150,762.22. The award is based on the Cooperative Purchasing
Agreement with the Houston Galveston Area Council of
Governments (HGAC). These backhoes will be used by the Gas
Department. Funding is available from the FY 2003-2004 Gas
Department Operations Budget and from the FY 2003-2004
Capital Outlay Budget in the Maintenance Services Fund. Both
units are replacements to the fleet. (Attachment # 5)
Motion approving the purchase of three pickup trucks and one
minivan from Philpott Motors, of Nederland, Texas for the total
amount of $90,546. The award is based on the Cooperative
Purchasing Agreement with the Houston Galveston Area Council
of Governments (HGAC). These vehicles will be used by the Gas
Depadment. Solid Waste, Beach Operations and Neighborhood
Services. Funding is available from the FY 2003-2004 Gas
Department Operations Budget, Beach Operations Budget, the
Community Development Block Grant General Administration
Grant and the Texas Commission on Environmental Quality/Solid
Waste Grant. One unit is a replacement and three are additions
to the fleet. (Attachment # 6)
Motion approving supply agreements with the following
companies for the following amounts for water and wastewater
treatment chemicals in accordance with Bid Invitation No. BI-
0025-04, based on best value for an estimated annual
expenditure of $1,575,706.82 of which $131,401 is budgeted in
FY 2003-2004. The terms of the contracts will be for three years
with options to extend for up to two additional twelve-month
pedods subject to the approval of the suppliers and the City
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agenda summary)
Agenda
Regular Council Meeting
July 27,2004
Page 4
Manager or his designee. Funds have been budgeted by the
Water and Wastewater Departments in FY 2003-2004 and
requested for FY 2004-2005. (Attachment # 7)
Pennco, Inc.
San Felipe, Texas
Hydroflourosilicic Acid
$66,903
Ferrous Sulfate
$578,637.50
Polydyne, Inc.
Riceboro, Geo*-ola
Liquid Cationic Polymer
$110,520
Sludge Dewatering Polymer
$122,914.50
Valley Solvents & Chemicals
Con>us Christi, Texas
Sodlurn Bisulfate Solution
$242,011.82
Bay Chemical & Supply Company
Odem, Texas
Liquid Ammonium Sulfate
$123,200
Liquid AJuminum Sulfate
$331,52O
Grand Total: $1,575,706.82
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $296,692 from the Texas Automobile Theft
Prevention Authority (ATPA) to continue the Motor Vehicle Theft
Enforcement Grant within the Police Department for Year 4.
(Attachment # 8)
Ordinance appropriating $296,692 from the Texas Automobile
Theft Prevention Authority (ATPA)in the No. 1061 Police Grants
Fund to continue the Motor Vehicle Theft Enforcement Grant
within the Police Department for Year 4; appropriating $24,126.75
from the No. 1061 Law Enforcement Trust Police Grants Fund;
appropriating $45,534.25 from the No. 1061 ATPA Asset Seizure
and Forfeiture Account and authorizing transfer of $47,168 from
the No. 1020 Cash Contribution to Grants to the No. 1061 Police
Grants Fund as grant matching funds. (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
an agreement with the Friends of the Corpus Chdsti Museum of
Science and History in which the Fdends agree to instruct the
Corpus Chdsti Museum of Science and History Foundation
Trustee to spend funds received from the John R. Kleespies
Estate and income dedved from that Estate for Museum
purposes. (Attachment # 9)
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agenda summary)
Agenda
Regular Council Meeting
July 27,2004
Page 5
10_
11.
12.
13.
14.
15.
Ordinance appropriating $69,698.71 from the John R. Kleespies
Estate from the Contributions and Donations Account No.
340000-1020-13490 to the Corpus Chdsti Museum of Science
and History Foundation. (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
a twelve month software maintenance agreement with Vista
Solutions Group, of Round Rock, Texas in an amount not to
exceed $26,208. Included in the maintenance agreement are the
VisiFIow applications utilized by the Municipal Court, Finance, and
Engineering Departments for electronic document archival and
work flow routing. This vendor qualifies as sole source support as
they are the only vendorwho maintains an interface between the
Municipal Court Systems CSl and VisiFIow. (Attachment # 10)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to a Contract for Professional Services with
Shiner, Moseley and Associates, Inc., of Corpus Chdsti, Texas in
the amount of $36,900 for a total re-stated fee of $53,100 for the
University Beach Parking Access. (Attachment # 11)
Motion authorizing the City Manager or his designee to execute
Amendment No. 16 to the Contract for Professional Services with
Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in
the amount of $280,600 for the Major Storm Water Outfall project.
(Attachment # 12)
Motion authorizing the City Manager or his designee to execute
a construction contract with Rycon E & C, LLC of Kingsville,
Texas in the amount of $272,870 for the Wastewater Clean-Out
InstallalJon Program 2003-2004. (Attachment # 13)
Motion authorizing the City Manager or his designee to execute
a construction contract with Garrett Construction, of Ingleside,
Texas in the amount of $370,370 for the Miscellaneous Storm
Water Projects 2004-Parf B Master Channel 29. (Attachment #
14)
Motion authorizing the City Manager or his designee to execute
a construction contract with Specialized Maintenance Services,
of Beaumont, Texas in the amount of $618,455 for the Interstate
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Agenda
Regular Council Meeting
July 27, 2004
Page 6
16.
17.
18.
19.
20.a.
20.b.
Highway 37, State Highway 286 (Crosstown Expressway) and
State Highway 358 (Padre Island Ddve)Sanitary Sewer Cleaning
and Televising. (Attachment # 15)
Motion authorizing the City Manager or his designee to make
payment to the Port of Corpus ChdstJ Authority in the amount of
$373,344.48 for watadine adjustments and installations for the
Joe Fulton Trade Corridor Project. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute
a construc'don contract with Garrett Construction, of Ingleside,
Texas in the amount of $129,721.50 for the Mary Carroll Channel
Improvements Phase 1. (Attachment # 17)
Ordinance amending the Code of Ordinances, Chapter 53-
Traffic, Section 53-250, Schedule I, One Way Sb'eets and Alleys,
Section (a-l) School Areas, by establishing a one-way traffic
pattem on the following street sections dudng the school hours of
Lozano Elementary; ( Westbound one-way pattern on Aztec
Street between Blake Street and Osage Street; and Northbound
one-way pattern on Osage Street between Aztec Street and
Baldwin Boulevard); and providing for penalties. (Attachment
# 18)
Ordinance amending the Code of Ordinances, Chapter 53-
Traffic, Section 53-250, Schedule I, One Way Streets and AJleys,
Section (a-l) School Areas, by establishing a one-way b-affic
pattem on the following street section dudng the school hours of
Tuloso-Midway Intermediate School; (Southbound one-way
pattem on Ovedand Trail between Oregon Trail and Goodnight-
Loving Trail); and providing for penalties. (Attachment # 19)
Motion approving the reimbursement application submitted by
Fellowship of Oso Creek, Owner and Developer of Lots 14, 15
and 16, Section 25, Flour Bluff and Encinal Farm and Garden
Tract for the installation of 1,971 linear feet of a 12-inch PVC
water distribution main. (Attachment # 20)
Ordinance appropriating $51,568.60 from the Artedal
Transmission and Gdd Main Trust Fund No. 4030-540450 to pay
developer reimbursement request for the installation of 1,971
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PRIORITY ISSUES
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Agenda
Regular Council Meeting
July 27, 2004
Page 7
21.
22.
23.
24.
25_
26.
linear feet of a 12-inch PVC water distribution main to develop
Lots 14, 15 and 16, Section 25, Flour Bluff and Encinal Farm and
Garden Tract. (Attachment # 20)
Resolution authorizing the City Manager or his designee to
execute all necessary documents for continued financial
assistance for beach cleaning and maintenance on North Padre
and Mustang Islands dudng FY 2004-2005 under the Texas
General Land Office's Cleaning and Maintenance Assistance
Program. (Attachment # 21)
Resolution approving the financing by the HFDC of Central
Texas, Inc. of a health facility located within the City of Corpus
Christi, Texas. (Attachment # 22)
Ordinance rescinding Ordinance No. 024911 which appropriated
$75,000 in the No. 3530 Street Capital Improvement Program
Fund from the Regional Transportation Authority to construct a
Bus Passenger Facility in association with the Arcadia Lift Station
Improvements; amending the FY 2003-2004 Capital Budget
adopted by Ordinance No. 025467 by decreasing appropriations
by $75,000. (Attachment # 23)
Ordinance appropriating $160,004.87 from paving assessments
in the No. 3530 Street Capital Projects Fund to reimburse
collection activity associated with voluntary paving assessment
program; amending FY 2003-2004 Capital Budget adopted by
Ordinance No. 025647 by increasing appropriations by
$160,004.87. (Attachment # 24)
Ordinance appropriating $134,277.96 from interest earnings and
bond proceeds in the No. 4241 Wastewater 1995 Capital
Improvement Program Fund for wastewater project expenditures;
amending FY 2003-2004 Capital Budget adopted by Ordinance
No. 025647 by increasing appropdafions by $134,277.96.
(Attachment # 25)
Resolution authorizing increased Park and Recreation latchkey
fees and adding new golf fees for Fiscal Year 2004-2005; and
providing for an effective date of August 1, 2004. (Attachment
# 26)
CiTY COUNCIL
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agenda srJ~,,na~7)
Agenda
Regular Council Meeting
July 27,2004
Page 8
27.
28.a.
28.b.
29.a.
29.b.
30.a.
Second Reading Ordinance - Adopting Ordinance under the Act
goveming the Texas Municipal Retirement System, "Updated
Service Credits" in said system on an annual basis for service
performed by qualifying members of such system who at the
effective date of the allowance are in the employment of the City
of Corpus Chdsti; providing for increased pdor and current service
annuities for retirees and beneficiaries of deceased retirees of the
City; to increase the rate of deposits to the Texas Municipal
Retirement System by the employees of the City; establishing an
effective date of January 1, 2005 for the Ordinance. (First
Reading - 7/13/04) (Attachment # 27)
Motion to amend prior to second reading the ordinance amending
the Code of Ordinances, City of Corpus Chdsti, Chapter 55,
Utilities, regarding water, gas and wastewater rates; and providing
for an effective date of August 1, 2004, which passed on first
reading on July 13, 2004, by amending the I. C. L. Wastawater
Rates, Section 1, Section 55-100 (a). (Attachment # 28)
Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 55, Utilities, regarding water, gas
and wastewater rates; and providing for an effective date of
August 1, 2004. (First Reading - 7/13/04) (Attachment # 28)
Motion to amend prior to second reading the ordinance amending
the Code of Ordinances, City of Corpus Chdsti, Chapter 21,
Garbage, Trash and Other Refuse, regarding resource recove~J
fees; providing for penalties; and providing for an effective date
of August 1,2004 which passed on first reading on July 13, 2004,
by revising the table in Section 2, Section 21-41 (eX2).
(Attachment # 29)
Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Chdsti, Chapter 21, Garbage, Trash and Other
Refuse, regarding resource recovery fees; providing for penalties;
and providing for an effective date of August 1, 2004. (First
Reading - 7/13/04) (Attachment # 29)
Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Chdsti, Section 55-7, regarding 9-1-1 service fees;
providing for penalties; and providing for an effective date of
August 1,2004. (First Reading - 7/13/04) (Attachment # 30)
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Agenda
Regular Council Meeting
July 27,2004
Page 9
30.b.
30.c.
30.d.
30.e.
30.f.
Second Reading Ordinance - Revising Sections 23-57(3)(b), 6-
23(j), and 19-33(b), Code of Ordinances, to increase Health
Department fees relating to pool inspections, rabies testing, and
food establishment health permits; providing for penalties; and
providing for an effective date of August 1,2004. (First Reading
- 7/13/04) (Attachment # 30)
Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Chdsti, Chapter 2, Administration, regarding library
fees; and providing for an effective date of August 1,2004.
(First Reading - 7/13/04) (Attachment # 30)
Second Reading Ordinance - Amending Chapter 18, Fire
Prevention Code, Code of Ordinances by revising Section 18-1
(b) (12), Fee Schedule; by revising Sectk~n 18-20, Ambulance
Rates; and by adding Section 18-3, Hazardous Matedal and
Debds Clean-Up Fee; and providing for an effective date of
August 1,2004. (First Reading - 7/13/04) (Attachment # 30)
Second Reading Ordinance -Amending the Code of Ordinances,
Chapter 33, Offenses and Miscellaneous Provisions by adding
Article VII. Dance Hall Permits; providing for penalties; and
providing for an effective date of August 1,2004. (First Reading
- 7/13/04) (Attachment # 30)
Second Reading Ordinance - Amending the Code of Ordinances,
by revising Section 3 1/2-12(j) by increasing the permit application
or renewal fee for alarm system; revising Section 57-96 by
establishing taxicab ddveFs permit fee; revising Section 48-19 by
increasing the permit fee for a sexually odented business;
providing for penalties; and providing for an effective date of
August 1,2004. (First Reading - 7/13/04) (Attachment # 30)
BUILDING STANDARDS BOARD APPEAL:
Consideration of an appeal filed by Antonio Fuentes, Jr. of a
Building Standard Board decision to require demolition of the
structure located at Ext. to S. End 1, 2, and 3 of Block 9,
commonly known as 1709 Coleman. (Attachment # 31)
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agenda summa~)
Agenda
Regular Council Meeting
July 27, 2004
Page 10
PUBLIC HEARINGS:
BOND ISSUE 2004: (1:00 P.M.)
32. Bond Issue 2004 (Attachment # 32)
33.a.
33.b.
K=
35.
Streets
Public Health & Safety
Public Facilities
Park & Recreation
Economic Development
ABANDONING AND VACATING;
Public headng to consider abandoning and vacating a 43,432-
square foot portion of an undeveloped 20-foot wide dedicated
public right-of-way out of Lots 15 and 23, Section 32, Flour Bluff
and Encinal Farm and Garden Tracts (south of Wooldddge Road
approximately one mile east of Rodd Field Road unsurfaced
roadway). (Attachment # 33)
Ordinance abandoning and vacating a 43,432-square foot portion
of an undeveloped 20-foot wide dedicated public right-of-way out
of Lots 15 and 23, Section 32, Flour Bluff and Encinal Farm and
Garden Tracts (south of Wooldridge Road approximately one mile
east of Rodd Field Road unsudaced roadway); subject to owner's
compliance with the specified conditions. (Attachment # 33)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Corpus Chdsti Regional Economic Development Corporation
Quarterly Report (Attachment # 34)
Update on the State School Property Development (Attachment
# 35)
CITY COUNCIL
PRIORITY ISSUES
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agenda summar/)
Agenda
Regular Council Meeting
July 27,2004
Page 11
L=
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
36.a.
Resolution approving amendment to the Corpus Chdsti Business
and Job Development Corporation's Guidelines and Cdteda for
Granting Business Incentives to define small businesses as
employers with 49 or less employees. (Attachment # 36)
36.b.
Resolution approving the Corpus Chdsti Business and Job
Development Corporation's contract with ACCION Texas, Inc. for
$200,000 from the Business and Job Development Fund No.
1140 to implement a small business loan program for unbankable
businesses and offedng loans up to $50,000. (Attachment # 36)
36_c.
Resolution authorizing the City Manager or his designee to
execute a project agreement with the Corpus Chdsti Business
and Job Development Corporation ("Corporation") regarding
implementation and administration of the agreement between the
Corporation and ACCION Texas, Inc. (Attachment # 36)
PROPOSED BUDGET FY 2004-2005:
37.a.
Motion to amend pdor to second reading the ordinance adopting
the City of Corpus Chdsti Budget for the ensuing Fiscal Year
beginning August 1, 2004; to be filed with the County Clerk;
appropriating monies as provided in the budget; which passed on
first reading on July 13, 2004, by revising Section 1 of the
ordinance. (Attachment # 37)
37.b.
Second Reading Ordinance - Adopting the City of Corpus Chdsti
Budget for the ensuing Fiscal Year beginning August 1,2004, to
be filed with the County Clerk; appropriating monies as provided
in the budget. (First Reading - 7/13/04) (Attachment # 37)
38.a.
Motion setting August 31,2004 as the date of the adoption of the
ad valorem tax rate of $0.634175 per $100 valuation.
(Attachment # 38)
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a~enda ~mmary)
Agenda
Regular Council Meeting
July 27, 2004
Page 12
38.b_
39.
40.
41.a.
41.b.
Motion setting a public headng on the ad valorem tax rate for
August 17, 2004 dudng the regular City Council Meeting
beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus
Chdsti, Texas. (Attachment # 38)
Resolution authorizing increased and new Park and Recreation
Marina Fees for Fiscal Year 2004-2005; and providing for
effective date of August 1, 2004. (Attachment # 39)
First Reading Ordinance - Enacting Article 111 of Chapter 13 of
the Code of Ordinances to establish an identification, registration,
and enforcement process related to vacant buildings and
structures; and providing for penalties. {Tabled 06/15/04)
(Attachment # 40)
Motion to amend pdor to second reading the ordinance amending
the Comprehensive Plan of the City by amending the South
Central Area Development Plan to include the BayfTont Master
Plan, by including in Policy Statement G.3 a description of
Shoreline Boulevard as an artedal street with four to six travel
lanes between Buford Street and the Bayfront Convention Center.
(Attachment # 41)
Second Reading Ordinance-Amending the Comprehensive Plan
of the City of Corpus Chdsti ('the City") by amending the South
Central Area Development Plan to include the Bayfront Master
Plan; amending related elements of the Comprehensive Plan
including the Urban Transportation Plan. (First Reading -
7/20/04) (Attachment # 41)
PUBLIC COMMENT FROM THE AUDIENCE ON MATrERS
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 YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other Information pertaining to your subject, please present it to the City
Secretary.)
ClT~' COUNCIL
PRIORIT~ ISSUES
(Rear I~ lege~l al ~e end ~ Ihe
agenda e4Jmmal¥)
Agenda
Regular Council Meeting
July 27, 2004
Page 13
42.
43.
Oe
Si usted se dirige a la junta y cree que su ingl~s es limitado, habr& un int~rprete
ingl~s-espaflo/ en la reunidm de la junfa para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
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 authon'zed by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session under Texas Government Code Section
551.071 regarding Robert Partney, et al v. City of Corpus ChdstJ,
Civil Action No. C-03-153, in United States Distdct Court,
Southern Distdct of Texas, Corpus Chdsfi Division, with possible
discussion and action related thereto in open session.
Executive session under Texas Govemment Code Section
551.071 regarding fire collective bargaining negotiations, with
possible discussion and action related thereto in open session.
Executive session under Texas Government Code Section
551.087 for deliberations regarding economic development
negotiations, with possible discussion and action related thereto
in open session.
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 Star
CITY COUNCIL
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Agenda
Regular Council Mee§ng
July 27, 2004
Page 14
45.
46.
47.
P.
constituent concerns; currant topics raised by media; follow-up on Staff
assignments; scheduling of fufure Council meetings and activities; and
other brief discussions regarding city-related matters.
CITY MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on Ihe City's o ~..ial bulletin board at lhe front entrance
to City Hall, 1201 Leopard Sb'eet, at 3:30 p.m., July 23, 2004.
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Ream' ~ legend at the em:l of I~e
agenda summa;y)
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
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1
P~SE~
Mayor
Mayor
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 20, 2004 - 10:04 a.m.
Samuel L. Neal Jr.
Pro Tern Javier Colmenero (Arrived at 10:06 a.m.)
Council Members:
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Billy Storms, Ph.D. of Covenant Baptist Church and the Pledge
of Allegiance to the United States flag was led by Council Member Garrett_ City Secretary Chapa
called the roll and verified that the necessary quorum of the Council and the required charter officers
were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular
Council meeting of July 13, 2004. A motion was made and passed to approve the minutes as
presented.
Mr. Noyola stated that at the July 13, 2004 meeting, he had voted "No" on Item 7, a contract
for a fire and emergency management services deployment and efficiency review. He asked that the
record reflect that he was now in favor of the contract_ City Secretary Chapa noted that Mr.
Noyola's vote on this item would still stand_
Mayor Neal called for consideration of the consent agenda (Items 2-28)_ City Secretary
Chapa announced that Council Member Noyola was abstaining fi.om the vote and discussion on
Items 25 and 26. He also stated that Item 17 was being withdrawn by staff, and that Item 21 needed
to be amended. Council members requested that Items 8 and 25 be discussed. There were no
comments fi.om the audience_ A motion was made and passed to approve Items 2 through 28,
constituting the consent agenda, except for Items 8, 21 and 25, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
July 20, 2004 - Page 2
MOTION NO. 2004-260
Motion approving the purchase of one (1) boat, motor and trailer fi.om Ronnie's Marine,
Aransas Pass, Texas in accordance with Bid Invitation No. BI-0090-04 based on best bid for
a total amount of $30,671. The boat will be used by the members of the Police Department
Dive Team for search and recovery operations. Funds are available fi.om the 2003 Law
Enforcement Block Grant. This item is a replacement unit.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-261
Motion approving a supply agreement with Mesa Products, Inc., of Houston, Texas for
approximately 805 magnesium anodes in accordance with Bid Invitation No. BI-0097-04,
based on low bid meeting speeiflcations, for an estimated annual expenditure of $97,899.50,
of which $8,158.29 is budgeted in FY2003-2004_ The term of the contract will be twelve
months with an option to extend for up to two additional twelve-month periods, subject to
the approval of the contractor and the City Manager or his designee. Funds have been
budget by the Gas Department in FY2003-2004 and are requested in FY2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-262
Motion approving the purchase of three heavy macks and two pickups fi-om Crosstown Ford
Truck Center, Corpus Christi, Texas based on only bid and low bid in accordance with Bid
Invitation No. BI-0101-04 for a total amount of $184,312. Three unit~ are replacements and
two are additions to the fleet. Funding is available in the Gas Department Operations Budget
and Neighborhood Services Operations Budget.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Irdnnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
July 20, 2004 - Page 3
MOTION NO. 2004-263
Motion approving supply agreements with the following companies for the following
amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No.
CBCOG-04-4 for food items which include canned and frozen fi'uit and vegetables, meats
and condiments for an estimated six month expenditure of $109,360.64. The terms of the
contracts shall be for six months with an option to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of Governments, the suppliers and the
City Manager or his designee. Funds have been budgeted by Senior Community Services
in FY2003-2004.
Ben E. Keith
Son Antonio, TX
56 Items
$27,562.28
LaBatt Food Service PFG
Corpus Christi, TX Victoria. TX
96 Items 83 Items
$41,039.63 $40,758.72
Grand Total: $109,360.64
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, KJnnison, Noyola and Scott, voting "Aye".
RESOLUTION NO. 025827
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $91,999 to the U,S. Department of Justice, Bureau of Justice Assistance for
funding eligible under the FY2004 Local Law Enforcement Block Grants Program to
purchase law enforcement equipment for the Police Depa,tment; with a City match of
$10,222 in the No. 1061 Fund, for total project cost of $102,221_
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
RESOLUTION NO. 025828
Resolution authorizing the City Manager or his designee to negotiate an amendment to the
Antonio E. Garcia Arts Education Center Lease with South Texas Institute for the Arts to
allow Texas A & M University - Corpus Christi to expand the Antonio E_ Garcia Arts
Education Center to house the University's ESCUELA Program in the event funding
becomes available to the University.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
July 20, 2004 - Page 4
9_a. RESOLUTION NO. 025831
Resolution authorizing the City Manager or his designee to accept a Clean Cities Grant from
the State Energy Conservation Office in the amount of $25,000 for development of a Clean
Cities Program and related services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
9.b. ORDINANCE NO. 025832
Ordinance appropriating $25,000 from the State Energy Conservation Office in the No. 1071
Community Enrichment Grants Fund for development of a Clean Cities Program and related
services.
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".
10.a. RESOLUTION NO, 025833
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Health in the amount of $22,500 for laboratory analysis of bay water samples.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10.b_ ORDINANCE NO. 025834
Ordinance appropriating a grant in the amount of $22,500 in the No. 1066 Health Grant Fund
from the Texas Deptutment of Health for laboratory analysis of bay water samples.
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".
ll.a. RESOLUTION NO. 025835
Resolution authorizing the City Manager or his designee to accept a grant fi.om the Texas
Department of Health in the amount of $62,915 for family health and family planning
services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
July 20, 2004 - Page 5
11.b. ORDINANCE NO, 025836
Ordinance appropriating a grant in the amount of $62,915 in the No. 1066 Health Grant Fund
from the Texas Department of Health for family health and family planning services.
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".
12.a. RESOLUTION NO. 025837
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Health in the amount of $149,797 for tuberculosis prevention and control
services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye".
12.b. ORDINANCE NO_ 025838
13.
14.
Ordinance appropriating a grant in the amount of $149,797 in the No. 1066 Health Grant
Fund from the Texas Department of Health for tuberculosis prevention and control services.
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".
ORDINANCE NO. 025839
Ordinance appropriating $12,528 from a Texas Commission on Environmental Quality pre-
approved expenditure grant in the No. 1062 Fire Grant Fund to provide funding for
groundwater cleanup activities at Fire Station No. 10 by increasing appropriations by
$12,528.
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".
MOTION NO. 2004-264
Motion authorizing the City Manager or his designee to execute a construction contract with
D & R Sales Company, Inc. of Corpus Christi, Texas in the amount of $39,903 for the
Wastewater Collection Facility Maintenance Building No. 5 Roof Modifications.
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
July 20, 2004 - Page 6
15.
MOTION NO, 2004-265
Motion authorizing the City Manager or his designee to execute a construction contract with
King Isles, Inc. of Corpus Christi, Texas, Texas in the amount of $234,657 for the new Oak
Park Elementary School (Solomon Coles Elementary School) Utility Improvement.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
16. MOTION NO. 2004-266
Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the
Contract for Professional Services with LNV Engineering Inc. of Corpus Christi, Texas for
a total fee of $438,250, for a total re-stated contract fee of $2,638,594, for the O.N. Stevens
Water Treatment Plant Wash Water System Project:
Padre Island Pump Station Pumping Capacity
Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste
Phase 3 - Elevated Water Storage Tank
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
17. WITHDRAWN
Motion aufl,~,, i~ing thc City Ma.a~c, or his desi~,~c to execute Am,..d`.~.t No. 3 to the
Conh ,~,.t for h,~fessi,,.,~l Se, ~ic~ with Goldston Enginc~, lng, Inc. of'Co, vas CI~ isti, Texas
in thc ~.,o~,t of $142,900, for thc t~t~l ,,~-stated fee of $867,770, fo, the Lagm,a Mad,,.
$~, .icc .aura Collection System Rehabilitation.
18_ MOTION NO. 2004-267
Motion authorizing the City Manager or his designee to execute Ratification of Amendment
No. 1 to the Contract for Professional Services with URS Corporation of Houston, Texas in
the amount of $15,239.20, for a total re-stated fee of $40,161.64, for the Packery Channel
Boat Ramp Project.
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
July 20, 2004 - Page 7
19.
20.
RESOLUTION NO. 025840
Resolution author/zing the City Manager or his designee to increase the escrow amount of
the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT)
in the estimated amount of $47,601.13 for construction of barrier free ramps and sidewalks
at selected street locations associated with the Sidewalk Accessibility Improvements project.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kilmison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-268
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Survey (USGS), U.S- Department of the
Interior, for the continuation of surface water data collection and limited studies by the
USGS for the City's water supply activity; and providing for the City to pay the USGS the
amount of $188,425, out of a total project cost of $247,200 during the federal fiscal year
October 1, 2004 through September 30, 2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garret[, Kelly, Kirmison, Noyola and Scott, voting "Aye".
22.a. ORDINANCE NO_ 025843
Ordinance appropriating $16,958.07 from The Fellowship of Oso Creek Church, Lot 14,
Section 25, Flour Bluff and Encinal Farm and Garden Tract 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 $16,958.07 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".
22.b. MOTION NO, 2004-269
Motion approving payment of$16,958.07 developer's contribution from The Fellowship of
Oso Creek Church, Lot 14, Section 25, Flour Bluff and Encinal Farm and Garden Tract from
the No. 4730 Infrastructure Fund to Maxk Bratton Estate (Trustee) for disbursement to the
appropriate Funding Owners, in accordance with the Offsite Drainage Development
Contract, Master Plan Drainage Channel No. 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
July 20, 2004 - Page 8
23.a. ORD1NANCENO 025844
Ordinance appropriating $2,171.07 from Yorktown Mini Storage developer's contribution
to Drainage Channel No. 31 in the No. 4730 Infi-astxucture Fund; amending Ordinance No.
024130, which appropriated the Trust Funds, by adding $2,171.07 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".
23.b. MOTIONNO, 2004-270
Motion approving payment of $2,171.07 developer's contribution from Yorktown Mini
Storage 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 No. 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".
24_a. ORDINANCE NO. 025845
Ordinance appropriating $34,809.71 from Yorktown Crossing Unit 3 developer's
contribution to Drainage Channel No. 31 in the No. 4730 Infi'astructure Fund; amending
Ordinance No. 024130, which appropriated the Trust Funds, by adding $34,809.71 to the No.
4730 Infi-astructure Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinrdson, Noyola and
Scott, voting "Aye".
24.b. MOTION NO. 2004-271
Motion approving payment of $34,809.71 developer's contribution fi'om Yorktown Crossing
Unit 3 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 No. 31, between the City of Corpus
Christi and Trustee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Col~nenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
July 20, 2004 - Page 9
26. ORDINANCE NO. 025847
Ordinance appropriating $688,472 in Airport Operating Fund 4610; transferring $688,472
into the Airport Capital Reserve Fund 4611 for Airport Capital Projects and Capital
Expenditures; amending FY2003-2004 Operating Budget adopted by Ordinance No. 025394
to increase appropriations by $688,472.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Ne. al, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott,
voting "Aye"; Noyola abstained.
27 ORDINANCE NO. 025848
Ordinance appropriating $36,993.96 in interest earnings from the Unreserved Fund Balance
in Fund 3170, Computer System 1998 CIP Fund (CO) and $1,154.19 from current year
interest earnings in Fund 3170, Computer System 1998 CIP (CO) for PeopleSofr-Financials
computer training; amending FY2003-2004 Capital Budget adopted by Ordinance No.
025647 to increase appropriations by $38,148.15.
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".
28. ORDINANCE NO. 025849
Amending the Code of ordinances by revising Section 39-303, Standard Classifications, Pay
Plans, Pay Grades, and Ranges, as amended; revising Section 39-304, Classified Service
Defined, to add Pay Plan 1000; revising Section 39-309, Employee Coverage under the
City's Primary Group Hospitalization Program for eligible employees; repealing all other
ordinances, and rules, or parts of ordinances, and rules, in conflict with this ordinance_ (First
Reading - 7/13/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott,
voting "Aye".
Mayor Neal opened discussion on Item 8 regarding a grant increase to fund the Interlibrary
Loan Center. He asked Mr_ Herb Canales, Director of Libraries, to explain the significance of this
grant. Mr. Canales replied that this state grant funded the Interlibrary Loan Center program, which
the city has offered for over 30 years. Due to salary increases for employees, Mr. Canales said the
city asked the state for a grant increase, which they approved. Mayor Neal asked if this program
enhanced library usage for our citizens_ Mr. Canales answered atTtrmatively, saying that the
libraries borrow a substantial amount of materials from other cities upon citizen request. This
program allowed the libraries to provide this service at no cost. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
July 20, 2004 - Page 10
8.a. RESOLUTION NO. 025829
Resolution authorizing the City Manager or his designee to accept an amendment for a grant
increase in the amount of $13,273 to grant contract No_ 771-04040 with the Texas State
Library and Archives Commission, and to continue operations of the Interlibrary Loan
Center.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
8.b. ORDINANCE NO. 025830
Ordinance appropriating a grant of $13,273 in an amendment to contract No. 771-04040
fi-om the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund
to continue operations of the Interlibrary Loan Center.
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 25 regarding lease agreements with several airlines
at the Corpus Christi International Airport. He asked IVn'. Dave Hamrick, Director of Aviation, to
discuss this item in more detail. Mr. Hamrick replied that the short-term and long-term leases were
required by city charter for over one year in duration. He said the leases were with the airport's four
incumbent carriers, and staffwas pleased that they were able to maintain the rates and charges at
approximately $5.94 per enplaned passenger. He also said the city had been on a month-to-month
lease with the airlines since 2001 due to the aftermath of 9-11, another reason why the lease
agreements were significant. Mayor Neal thanked staffand the Ah-port Board for their achievement_
Mr. Colmenero asked what the previous fees had been. Mr. Harnrick replied that the only
actual increase was $2 per square foot of rental rate per year, a minor incremental increase_ He said
through negotiations, staffhad maintained the same rates and charges that the city had last year. He
commented that the new agreement was a considerable improvement over the previous agreement.
City Secretary Chapa polled the Council for their votes as follows:
25.a. ORDINANCE NO. 025846
Ordinance authorizing the City Manager or his designee to execute an Airline Use and Lease
Agreement with American Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Expressjet
Airlines, Inc_, and Southwest Airlines Company for use of space at Corpus Christi
International Airport in consideration of payment of fees that total approximately $5.94 per
enplaned passenger and are adjusted annually based on a fixed formula, for a term of up to
twelve months.
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.
Minutes - Regular Council Meeting
July 20, 2004 - Page 11
25.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an Airline Use and Lease
Agreement with American Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Express jet
Airlines, Inc., and Southwest Airlines Company for use of space at Corpus Christi
International Airport in consideration of payment of fees that total approximately $5.94 per
enplaned passenger and are adjusted annually based on a fixed formula, for a term expiring
July 31, 2008_
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, G arrelL Kelly, Kinnison, and Scott, voting "Aye";
Noyola abstained.
Mayor Neal opened discussion on Item 21 regarding the closure of two utility easements to
allow the owner, Home Depot, to expand their current building over the subject area. City Secretary
Chapa stated that staffwanted to amend Items 21 .a. and 21.b. by adding a sixth condition regarding
wastewater manholes to Section 1 ofeachordinance_ Mayor Neal made a motion to amend Items
21 .a. and Item 21 .b. as recommended by staff, seconded by Ms. Cooper, and passed. City Secretary
Chapa polled the Council for their votes as follows:
21.a_ ORDINANCE NO. 025841
Ordinance abandoning and vacating a 3,291-square foot portion of a ! O-foot wide utility
easement in Lot 1 OR, Block 1, Moore Plaza; requiring the owner, Home Depot U.S.A., Inc.,
to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Neal, Chesney, Colmenero, Cooper, Gan-elL Kelly,
Kinnison, Noyola and Scott, voting "Aye".
21.b. ORDINANCE NO. 025842
Ordinance abandoning and vacating a 3,291-square foot portion of a 10-foot wide utility
easement in Lot 18, Block 1, Moore Plaza; requiring the owner, Home Depot U_S.A_, Inc.,
to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garret-t, Kelly,
Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal referred to Item 29a, and a motion was made, seconded and passed to open the
public hearing on the following item:
Minutes - Regular Council Meeting
July 20, 2004 - Page 12
29.a.
Public Hearing to consider amending the Comprehensive Plan oftbe City of Corpus Christi
by amending the South Central Area Development Plan to include the Bayfront Master Plan;
amending related elements of the Comprehensive Plan including the Urban Transportation
Plan.
Assistant City Manager Ron Massey introduced the members of the design team who would
be presenting the final version of the proposed Bayfi'ont Master Plan: Mr. Raymond Gignac of
Giguac & Associates; Mr. Alan Ward with Sasaki Architects; and Mr. Matthew Summy of C.H_
Johnson Consulting.
Mr. Gignac reported that design team held a series of public meetings to gauge public input
on their views and aspirations for the bayfront. He said a total of approximately 32 public
presentations have been made on the master plan. In addition, Mr_ Gignac said the team has worked
with the Regional Transportation Authority (RTA) since the beginning of the process. He reported
that the RTA had decided to amend the schedule for the trolley feasibility study to better coordinate
with the bayfront master plan decision-making process. Mr. Gignac stated, however, that the RTA's
schedule was still too disparate to mesh well with the final presentation of the master plan, so the
trolley was not included in today's presentation. Nevertheless, he said the master plan could
accommodate the results of the RTA trolley study regardless of the results.
Mr. Gignac displayed a number of photos of the Corpus Christi bayfront in its current state.
He noted that the bayfront stretched from McGee Beach to the arena and convention center complex,
a two-and-half mile project site. Since this was a sizable project area, he stated that it may be best
to implement it in smaller increments. He then introduced Mr. Ward to present the key elements of
the master plan, with the notable inclusion of cost estimates for each zone of improvement_
Mr. Ward prefaced his presentation by saying that it was important to put the master plan
in context. The proposed development area was over two miles in length, and he said his firm had
never worked with a city able to implement a plan for such an extensive area at one time.
Nevertheless, he said the master plan provided the city with a framework within which the first
phases of the plan could be implemented, with the confidence that they fit into a cohesive and
logical vision for the entire waterfront.
The key elements of the master plan were comprised of the following elements: a south
bayshore park along the water at the south; a series of small parks connected to downtown at the
marina; an arts district park along the water at the north; and all downtown streets would extend to
the water. Mr. Ward commented that the creation of the north and south parks was possible due to
the realignment of Shoreline Boulevard to the west.
Mr. Ward covered a number of underlying master plan principles behind the plan_ First, he
said the plan included variations in green space and the relationship of the car to the water. Second,
a prominent arrival feature was planned at Shoreline and IH-37. Third, the plan provided for small
scale commercial elements such as cafes and kiosks in the green space areas. Fourth, it was flexible
to allow festivals and events of multiple kinds on the bayfront. Fifth, the parks to the north and
south provided for tree pedestrian connections to the water without a roadway. Finally, he said
Shoreline Boulevard had been reconfigured to create a more dramatic driving experience as related
to the water.
Minutes - Regular Council Meeting
July 20, 2004 - Page 13
Mr. Ward displayed an illustrative diagram of the master plan concept divided into Zones
A through D. He discussed each zone individually, beginning with Zone A, the North Waterfi'ont
Park. Mr. Scott asked about the setbacks shown on the private parcels of land in Zone A_ Mr.
Gignac replied that the design team was proposing setbacks for any future development of those
parcels facing the bayfi'ont on the street side.
Mr. Ward stated that the cost estimates he would be presenting were concept cost estimates
only, since the project had not reached a more detailed design phase yet. The concept cost estimates
were comprised of two levels of improvements for both streets and parks. For the street
improvements, Level I would include basic improvements, such as demolition, paving, utilities,
sidewalks, and sod_ Level 2 would add a moderate level of landscaping, site furnishings, planting
and other amenities. For the park improvements, Level 1 would include demolition, sod, and
minimal sidewalks. Level 2 would add a moderate level of landscaping, site furnishings, shade
sta-uctures/kiosks/restrooms, planting, and other amenities.
Mr. Ward provided the cost estimates for the North Waterfront Park concept. He said Level
1 of the street improvements was estimated at $7.30 million, and Level 1 of the park improvements
was estimated at $4.83 million, totaling $12.13 million- Level 2 street improvements were estimated
at $7.57 million, and park improvements were $7.42 million, totaling $14.99 million.
Mr. Ward then covered Zone B, the downtown area, characterized by a series of small
neighborhood parks and replete with curbside parking throughout the length of Shoreline Boulevard.
The downtown concept cost estimate for Level I improvements was $7.55 million for streets and
$6.78 million for parks, totaling $14.33 million. Level 2 improvements for streets were estimated
at $7.82 million and $12.45 million for parks, totaling $20.27 million.
Regarding Zone C, the South Waterfront Memorial Park, Mr. Ward stated that this area
would be characterized by a large festival park adjacent to the coliseum, which would hopefully be
reused, and the waterfl'ont. Level I improvements for streets were estimated at $9.39 million and
$14.18 million for parks, totaling $23.57 million. Level 2 improvements for streets were estimated
at $9.75 million and $24 million for parks, totaling $33.75 million.
In Zone D, the marina area, Mr. Ward said there was a whole range of possible
improvements, including a wetlands habitat and break-water extension_ He said, however, that
today's cost estimates were limited to improvements to the T-heads and L-heads only. Level 1 street
improvement costs were estimated at $1.25 million and $3.17 million for park improvements,
totaling $4.42 million. Level 2 slxeet improvement costs were estimated at $1 _70 million and $5.52
million, totaling $7.22 million.
Mr. Ward then discussed the possible phasing options. The phasing could include an
additional Zone E to further break down Zone C, the larger-scale South Wat~tGont Memorial Park
improvements. He said the design's team sense was that Zone B, the downtown area, coupled with
the improvements to the T-heads and the L-heads, would be a logical first phase because it would
create a catalyst for downtown development_ He emphasized that the critical aspect of the planning
effort was energizing private development in the downtown area.
Mr. Ward briefly covered the Shoreline traffic issues. He summarized that the traffic study
Minutes - Regular Council Meeting
July 20, 2004 - Page 14
has indicated that there was more than adequate traffic capacity during peak hours on Shoreline
Boulevard for a four-lane roadway with left-mm lanes. A discussion ensued over whether the traffic
on Shoreline Boulevard would function well if it was decreased to a four-lane roadway. Mr. Kelly
questioned the study's growth assumptions for the city, set at 1.5 percent, because the city could
grow at a faster rate if the bayfront project were to stimulate downtown development. He was
concerned about the public's reaction if the city were to decrease the number of lanes on Shoreline,
but then underestimate the amount of traffic. He asked if the study assumed any residential
development. Mr_ Kevin St. Jacques, the traffic consultant, replied that their study assumed the
harshest conditions by basing the city's growth assumptions on employment increases only. From
a traffic standpoint, residential development would be a positive outcome because it would further
reducing traffic projections since downtown residents would probably wall to work ins tead of drive.
Assistant City Manager Massey added that the study did not include provisions for public
transportation either, which could further reduce traffic below forecasted levels.
Mr. Chesney stated that he did not support changing the number of lanes on Shoreline
Boulevard from six lanes to four lanes. He was still not convinced that Shoreline would be able to
handle traffic efficiently with only four lanes. Mr. Ward replied that a number of cities had chosen
to limit traffic in a waterfront area to stimulate economic growth. He pointed out that the
consultant's study had shown that the roadway wasn't being used anywhere near full capacity now,
and the types of uses that were likely to occur as a result of new development were residential and
entertainment uses, which would not affect peak hour traffic. Mr. Chesney asked if the plan could
be modified to allow for the option to maintain the six-lane roadway. Mr. Ward and Assistant City
Manager Massey replied affirmatively, but stated that this would decrease the amount of green space
available_
Mr_ Ward introduced Mr. Matt Summy with C.H_ Johnson Consulting, who would discuss
the market opportunities to fund these improvements. Mr. Summy stated that his firm's role in the
process was to determine whether public investment should be part of the process and if so, what
resources were available. He discussed a number of other communities around the country that have
experienced this process and reported on their results and impact, including San Antonio, TX and
Dubuque, IA_
Mr. Summy reported on the overall conclusions about the Corpus Christi market. He said
the city's investments in the convention center, arena, and a new baseball stadium combined with
watcrfiont improvements are appropriate, and are the only way to create density and create an
attractive setting for an increased rate of development. He noted that the velocity of development
was currently very slow, and market rate opportunities were limited. Finally, he said land ownership
issues impacted the policy decisions.
Mr. Summy discussed the aspects of the initial downtown development. He said the
economics of development favor adaptive reuse in the area first. There were many building
underutilized, which signaled renovation and economic development opportunities. He said the next
18 months should focus on "activating" existing buildings by 1) identifying priority buildings and
2) identifying buildings best reserved for later development (market may shift priority).
Mr. Summy stated that new investments will need to be seeded because, unfortunately, the
market was soft. As such, he said early entry projects will likely require subsidy. Hotels, retail, and
Minutes - Regular Council Meeting
July 20, 2004 - Page 15
marina development are key destination drivers likely consuming resources hoped for other
purposes. He said the design team's master plan improvements are required to establish a platform
for future development.
Regarding residential development, Mr. Summy noted that the city was seeing an upswing
in housing development, which indicated two things. First, he said people seemed to be interested
in Corpus Christi_ Second, housing development in the downtown area could be a real possibility
since it was one of the last areas in the city without that purpose yet_
Regarding retail sales, Mr. Summy said the city outpaces the county by $1,000 per person
based on the volume of sales on a per capita basis. He said national retailers know this, but have not
found attractive spaces in the downtown area or elsewhere for additional projects_ A residential base
downtown, however, could make retail development a draw.
Regarding the marina market, he said the city seemed to be well-positioned to benefit fi.om
this growing market. An additional advantage was that the marina had its own revenue stream,
unlike other areas in the city, so it could become self-funding_
Mr. Summy d~scussed a number of methods to organize for success. He said often, the
attitude is that the private sector should be responsible for new development and future trends should
be driven by external market forces. However, he said the public sector and the populace should
realize that when market forces are not providing additional opportunities, it must step in and "level
the playing field" to provide a setting conducive to new development.
Mr. Summy also recommended the establishment of a development authority with the
following requirements: power to assemble land for development; ability to negotiate and award
development projects; certainty of multi-year financial support; broad-based community support;
ability to coordinate and integrate public and private initiatives; and most importantly, the ability
to issue debt, perhaps backed tl-a-ough mortgages. Ms. Cooper asked him to provide examples of
development authorities in other communities. Mr. Summy said he would provide them to Mr.
Massey_
Mr. Summy reported on likely funding sources for the improvements, saying that a menu of
choices would be the preferred strategy. Infrastructure improvements could be funded through sales
taxes, bond election, federal grant, and Special Assessment Districts (SAD). For specific projects,
he said hotels could use tax legislation or retail investment to spur growth and raise funding. Other
types of projects could be funded through a series of tax increment finance zones (TIFs).
Finally, Mr. Summy covered the requirements the city should look for in determining
developer capacity_ First, does the development team have experience with the scope and type of
the proposed development project? Second, does the development team have the ability to be
"hands on" throughout the project? Third, are broad-based and independent references available?
Fourth, does the development team have the financial depth to pursue this scale of project? Fifth,
what is the likelihood that the development team would pursue "follow-up" developments?
In conclusion, Mr. Summy stated that if the city provided a conducive environment and
invested public dollars, the city may be able to atttact private investment. He said a single source
Minutes - Regular Council Meeting
July 20, 2004 - Page 16
of funding would not currently allow the city to stimulate growth; rather, a menu of funding sources
was needed.
Mr. Ward then discussed a number of planting concepts for the bayfront parks, which were
subject to wind and salt water conditions. For the park landscape areas, the design team
recommended banyan, sea grape, mesquite, and possibly live oak trees for shade. For road planting,
he said various palm species could be used_ Finally, on the coastal edge, palm groves of salt and
wind tolerant species were recommended. He emphasized that the planting would be done in a such
a way to preserve the view corridors for park patrons.
In addition, Mr. Ward provided examples from other communities on the following design
concepts: creating basins of water in the downtown parks to make the bay more visible; creating
small-scale protected spaces; designing the edge to make the linear space more interesting;
designing for recreational use; park structures; types of outdoor event spaces; collaboration with
artists; and extending improvements to downtown streets.
Finally, Mr. Ward discussed the next steps in the process as follows: adopt the bayfront
master plan; identify phasing priorities; secure funding sources; schematic design for first phase; and
future phases to follow.
Mayor Neal asked for public comment. Mr. James Skrobarczyk, 3410 Floyd, expressed his
concerns about reducing Shoreline from si x lanes to four lanes and whether there was public support
for this project. Mr. Abel Alonzo, 1701 Thames, expressed his concern about funding for the project
and whether the public supported the project. Mr. Trian Serbu, 14310 Playa del Rey, spoke in
support of the plan, and suggested making the South Park even larger by moving Shoreline
Boulevard all the way to Water Street. He also spoke against the proposed streetcar system. Ms.
Dorothy Ramela spoke against the proposed bayfront plan. Mr. Bill Kopeck'y, 3609 Topeka,
expressed his concerns about the lack of U-turn lanes in the proposed traffic plan for the bayfront.
Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed_
Mr. Scott commented that proposed improvements to Port Avenue will also relieve
congestion in the convention center and arena area after events by serving as an alternative to
Shoreline Boulevard. Assistant City Manager Massey also mentioned Tancahua Street as an
alternate route.
Mr. Scott also asked how much the proposed breakwater in the marina area was projected
to cost. Mr. Noe replied that the breakwater alone was projected to cost $37 million. Mr. Scott said
he liked the idea of the breakwater and the basin, but it was prohibitively expensive.
Mr. Scott also stated that he was not against a four-lane roadway with left-turn lanes because
he recognized the opportunity to create additional public space. He liked the idea of using water
basins and fountains in the parks, creative lighting, and shade structures.
Mr_ Colmenero spoke in support of the proposed bayfi-ont plan, saying that other
cormnurtities like San Antonio have done a good job managing traffic arotmd attractions. He also
spoke in support of fostering residential developments in the downtown area. Finally, he said the
public sector would have to work with the private sector to generate development in the downtown
Minutes - Regular Council Meeting
July 20, 2004 - Page 17
area.
Mr. Chesney said he was still concerned about decreasing the roadways fi-om six lanes to
four lanes. He said he did not want to decide on this aspect of the plan today, and asked for
suggestion. Mr. Kelly stated that he was not convinced that the traffic models used were based on
appropriate growth assumptions. City Manager Noe suggested that the Council authorize the ftrst
reading of the plan, and then staffcould construct an amendment for the second reading that would
deal with the issue. The Council concurred with Mr. Noe's suggestion.
Ms. Cooper spoke in support of the plan, and she was excited that the plan could potentially
spur economic growth in the area. She also pointed out that the proposed bayfi-ont plan would not
just benefit residents living in the Ocean Drive area_ Rather, she said the project would benefit the
entire community by stimulating economic growth. City Secretary Chapa polled the Council for
their votes as follows:
29.b. FIRST READING ORDINANCE
Amending the Comprehensive Plan of the City of Corpus Ch_4sti (the City)by amending the
South Central Area Development Plan to include the Bayfi-ont Master Plan; amending
related elements of the Comprehensive Plan including the Urban Transportation Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and
Scott, voting "Aye".
Mayor Neal called for a brief recess to present proclamations.
The Council returned fi.om recess, and Mayor Neal called for petitions fi-om the audience.
The following individuals expressed a number of concerns about the Corpus Christi Fire
Department: Mr. Albert Villarreal, 3013 Edmonton; Mr. Michael Sabala, 6118 Killarmet; Mr_
Carlos Torres, 6014 Ayers; and Mr. Dennis Noble, 317 Stages. Mr_ Michael Manjarris spoke
regarding his proposal to create a sculpture garden in the Water Garden area. Ms. Juanita Gordy and
Mr. Jack Gordy, 4118 Bray, spoke against a police action that took place in their home. Mr. Abel
Alonzo, 1701 Thames, spoke regarding his concerns that the city and the county had not been able
to come to an agreement on the jail use issue.
37.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
Executive session under Texas Government Code Section 551.074 for deliberations
regarding the duties of Municipal Court Judges and the appointment of full time and/or part
time municipal court judges with possible discussion action related thereto in open session.
Minutes - Regular Council Meeting
July 20, 2004 - Page 18
38.
Executive session under Texas Government Code Section 551.071 regarding potential claims
against the City's former third party administrator, former stop loss carder and the stop loss
carrier's administrator with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned fi.om executive session and
the following motions were passed with the following vote:
37.a. MOTION NO. 2004-273
Motion appointing Jeanette Cantu-Bazar as Judge of the Municipal Court of Corpus Christi,
Texas effective August 1, 2004 and setting her salary at the same annual salary level as the
other Municipal Court Judges to a term co-terminous with that of the City Council_
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Colmenero and Kinnison were
absent.
37.b. MOTION NO. 2004-274
Motion appointing Mike Alaniz and Michael Sullivan as Part-Time Judges of the Municipal
Court of Corpus Christi, Texas effective August 1, 2004 and setting their salaries at an
hourly rote equal to that of the other Municipal Court Judges to work hours as determined
by the Presiding Judge to terms co-terminous with those of the City Council.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Colmenero and Kinnison were
absent.
Mayor Neal referred to the presentations on the day's agenda. The first presentation was a
review of the 2004 Bond Issue revised package. Assistant City Manager Mark McDaniel briefly
reviewed each of the options (See attachment for a detailed summary mcluded as part of these
minutes). Option 1 was a $70 million package comprised of the following features: only street
projects; no tax increase; one proposition; and associated utility costs of $30,319,000.
Option 2 was also a $70 million package with no tax increase, but offered the following
features: street, health & safety, and public facilities projects; three propositions; and associated
utility costs of $27,081,000.
Option 3 was an $80 million package comprised of the following elements: street, health &
safety, public facilities, park and recreation, and economic development projects; a one-cent tax
increase; five propositions; and associated utility costs of $27,081,000. Option 4 was a $90 million
package composed of the following elements: streets, health & safety, public facilities, park and
recreation, and economic development projects; a two-cent tax increase; five propositions; and
associated utility costs of $27,081,000.
Minutes - Regular Council Meeting
July 20, 2004 - Page 19
In addition, City Manager Noe had developed another option, Option 2a, which was a $71.6
million package with the following elements: streets, health & safety, public facilities, and park and
recreation projects; no tax increase; four propositions; and associated utility costs of $30,319,000.
Notably, this proposition would not include funding for the bayfi'ont master plan.
City Manager Noe reviewed the remaining schedule for the bond election. On July 27, a
public hearing would be held. Review by city boards and commissions and the public was
scheduled on August 1 through August 16. Final Council rewew of the bond election ordinance was
scheduled on August 17, and final adoption of the bond ordinance was scheduled on August 24.
Finally, he said August 31 was the deadline for submission to the Justice Department.
Mayor Neal asked why Item 25, the police/fire training facility, phase 2 land acquisition, was
not included in any of the bond packages. Mr_ Noe replied that the Council had asked staffto
investigate whether Flint Hills would extend the city's two-year option to purchase the remaining
property. City Engineer Escobar reported that Flint Hills was willing to extend the lease. Mr. Noe
also said Del Mar College was in the process of constructing a fire training facility. Rather than
duplicate Del Mat's facility, Mr. Noe said staff wanted to construct the city's ftre mining facility to
include those elements absent in Del Mags plan so they would complement each other.
Mayor Neal stated that he was disappointed that Items 29 (sports field improvements), 30
(golf course improvements), 31 (renovate senior and recreation facilities), and 33 (neighborhood
parks improvements) were not included in the proposed packages_ He said a large number of
citizens had expressed their desire to vote on these issues, and excluding them would led to a loss
of community support for the entire bond package.
Mayor Neal also stated that he wanted to see Items 36 (downtown redevelopment
participation) and 37 (North Beach area improvements) included in the package_ Finally, he said
Item 40, the NAS Acuz Road realignment, was of utmost importance to the community because it
would further the city's cause during the base closure and realignment process (BRAC).
In response to Mr. Kelly's question about Item 14, traffic signals (new and upgraded), City
Engineer Escobar said the funding would allow for ten new traffic signals and ten replacement
traffic signals. Staff had included a list of recomrnended sites, but the exact sites would be
determined later_
Mr. Kinnison echoed Mayor Neal's sentiments regarding the packages. He hoped that the
city would not focus primarily on the $70 million, no tax increase package because there were a
number ofproj ects excluded fi.om the proposed bond package list that were important to the citizens.
He said the citizens should be given the opportunity to vote on these items.
Mr. Garrett also echoed the Mayor's concern. He was disappointed that the police/fire
training facility still hadn't been built since it was first passed in a bond proposal four years ago.
He also thought it was important to offer the voters a "no tax ~ncrease" option, but he was not
opposed to including an option for additional improvements requiring a tax increase for the voters
to decide on.
Mr. Scott commented that he was alarmed to see Item 40, the NAS Acuz Road realignment,
Minutes - Regular Council Meeting
July 20, 2004 - Page 20
removed from the bond package proposals (except Option 2a). Assistant City Manager Massey
stated that the city would probably need an 200-foot runway extension. He said NAS was in the
process of determining the clear zone area, but the city would definitely need to acquire land to
relocate Flour BluffDfive around the runway extension at some point. City Manager Noe also said
there were other sources of funding which could be used for this project.
Mr. Scott asked if Items 38 (Padre Island aesthetic development participation) and Item 39
(Park Road 22 bridge) were going to be moved into the street projects section. City Manager Noe
answered affirmatively_
Finally, Mr. Scott said he had not decided whether to have a $70 million, no tax increase
option, or whether the city should include an expanded package with other projects the voters could
decide on. He said if the expanded package was selected, he would ask that it include the
neighborhood parks improvements project because it was important to many citizens_ He also
commented that it might be prudent to include some elements of the bayfi'ont master plan in the
bond package for the voters to consider since this issue had been discussed in such detail.
Mr. Noyola also felt that Items 29 and 30 needed to be included in the bond package to give
the voters the opportunity to vote on them. He was in support of a no tax increase package, but also
wanted to give the citizens a choice to vote on alternative projects.
Mr. Colmenero remarked that Option 2a did not include a number of important projects, and
he felt the citizens should have the opportunity to vote on these projects. He said he could not
support any park improvements unless the problems with park facility leases were addressed. He
said he was in support of Items 30 (golf courses) and 31 (senior and recreation center facilities
renovations). Finally, he said Option 4 may provide the voters with a good assortment of projects
from which they could choose.
Mr. Chesney spoke against any proposal that would increase taxes. He was concerned that
the voters would vote against the entire bond package in protest because they were tired of fee
increases and utility rate increases.
Ms. Cooper stated that her main priority were s~eet projects. She said she would like the
NAS Acuz Road and Park Road 22 projects grouped in the streets category. In addition, she said
the bayfront development plan and park improvements should be separated from the streets projects
because they were more politically volatile. She said it was difficult to support a package that would
increase taxes, but she felt it was important to give the voters an opportunity to vote on other
projects. Finally, she supported improvements to the senior centers, saying they were badly needed.
City Manager Noe stated that next week the Council would be asked to adopt the tax rate.
He said the budget included a 6 percent property value growth assumption in the operating budget.
Staff knew for a fact that the amount would be higher than that, but was not sure of the exact
amount. He said the Council had discussed reducing the property tax rate by whatever that amount
was. Another option would be to leave the tax rate as it was, and then increase the amount of bonds
that could be issued without increasing the property tax rate. He said staff would quantify this
option and provide the results next week. Mr. Noe said staffwould like to obtain additional citizen
input on the bond packages during the summer break in August I - August 16.
Minutes - Regular Council Meeting
July 20, 2004 - Page 21
M~orNealcalled~rarecesstoholdtheCCCICcorpo~tionmeeting.
*************
The Council returned from recess. Mayor Neal referred to Item 30.a., and a motion was
made, seconded and passed to open the public hearing on the following item:
30.a.
Public hearing to consider abandoning and vacating a 7,000-square foot portion (50-foot
wide x 140-foot long) of the Teresa Street public right of way, extending 100 linear feet west
of Evelyn Street out of the Sunflower Addition No_ 2 Subdivision.
There were no comments from the audience. Ms. Cooper made a motion to close the public
hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their
votes as follows:
30.b. ORDINANCE NO. 025850
Ordinance abandoning and vacating a 7,000-square foot portion of the Teresa Street public
right-of-way, between Evelyn Street and a dead-end, out of the Sunflower Addition No. 2
Subdivision; subject to compliance with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Cooper, Kelly, Noyola and Scott, voting "Aye"; Colmenero,
Garreth and Kinnison were absent.
Mayor Neal referred to Item 31, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0504-06. Paul Lisec: A change of zoning from a "F-R" Farm-Rural District to a
"RE" Residential Estate District_ The property is 1.621 acres out of Flour Bluffand Encinal
Farm and Garden Tracts, Section 51, Lot 17, located south of Yorktown Boulevard and 250
feet east of Flour Bluff Drive
City Secretary Chapa said the Planning Commission and staffrecommended approval of the
"RE" Residential Estate District.
No one appeared in opposition to the zoning change_ Mr. Noyola made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
July 20, 2004 - Page 22
31. ORDINANCE NO. 025851
Amending the Zoning Ordinance upon application by Paul Lisec by changing the zoning
map in reference to 1_621 acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 51, Lot 17, 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, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye";
Colmenero and Kinnison were absent.
Mayor Neal referred to Item 32, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0604-03, Virginia Hills Development, L.L.C.: A change of zoning fi-om a "F-R"
Farm-Rural District to a "R- 1B" One-family Dwelling District. The property is 12.022 acres
out of Flour Bluff`and Encinal Farm and Garden Tracts, Section 26, Lots 6 and 7, located
south of Oso Parkway and Quebec Drive intersection
City Secretary Chapa said the Planning Commission and staffrecommended approval of the
"R-lB" One-family Dwelling District.
No one spoke in opposition to the zoning change. Mr. Garrett made a motion to close the
public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for
their votes as follows:
32. ORDINANCE NO. 025852
Amending the Zoning Ordinance upon application by Virginia Hills Development, LLC by
changing the zoning map in reference to 12.022 acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 26, Lots 6 and 7, from "F-R" Farm-Rural DisWict to "R-lB"
One-family Dwelling 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, Noyola and Scott, voting
"Aye"; Kinnison was absent.
Mayor Neal asked Mr. Michael Gunning, Assistant Director of Development Services, to
provide an overlay of the subdivisions the Council has approved over the last six months by location.
He wanted to ensure that the city was planning for the utility needs and traffic needs for these new
subdivisions, and that these needs were included in the proposed bend package.
Mayor Neal referred to Item 33, the Downtown Management Distxict (DMD)'s annual
Minutes - Regular Council Meeting
July 20, 2004 - Page 23
update. Ms. Norma Urban, DMD President, began by providing the DMD's mission statement: the
DMD is a state-authorized improvement district established and governed by property owners to
influence and enhance a positive environment for downtown's economic base.
Ms. Urban said the DMD's top ten goals were as follows: mitigate storm water drainage;
support housing/residential opportunities; advance master plan for parks along Shorehne; maintain
and improve the DMD website; continue and expand communications with property owners, tenants,
and community; implement plan for streets, sidewalks, and landscaping; monitor and ensure RTA
trolley system runs through the downtown area; stay on top of funding opportunities; improve the
quality of La Retama Park and build a coalition to fund the expansion and improvement of Artesian
Park; and monitor vacant buildings and unkempt properties.
In the past, Ms. Urban said the DMD has provided the following services for a total of
$1,557,000: pedestrian lighting - $900,000; Bannerama - $53,000; 80 trash receptacles - $46,000;
oak tree lighting - $30,000; seed monies and contributions to downtown events - $140,000;
feasibility study for downtown transportation - $10,000; bayfi'ont master plan design - $20,000;
miscellaneous landscaping - $50,000; daily cleanup - $280,000; and Christmas decorations -
$28,000.
Ms. Urban discussed the DMD's efforts last year to maintain public features such as lighting,
landscaping, banners, and oversight, otherwise known as the city's "curb appeal". She briefly
reported on the following curb appeal project areas: sidewalk ambassador; trash receptacles
program; evening ambiance; landscaping; tree planting; and general oversight. The sidewalk
ambassador program was responsible for daily litter removal, weed-eating, graffiti removal, and
reports on broken windows at a cost of $35,000. The trash receptacle program for 2003-2004
included funding for 7 new receptacles and 19 rebuilt receptacles at a total cost of $12,000. The
Chaparral Street After Dark program consisted of maintaining tree lighting for 23 oaks at a cost of
$1,000. The Chaparral Street Bulb-Out program was a landscaping program provided at a cost of
$10,335. Landscaping in the Peoples StreeffSchatzell Street corridors was accomplished at a cost
of $55,000. The DMD also purchased Christmas decorations for 400 light posts in the downtown
area at a cost of $28,000. The Bannerama program was a self-sustaining program that the DMD
maintained along Shoreline and three blocks on IH-37 between Mesquite and Shoreline. Finally Ms.
Urban stated that the DMD has general oversight of a number of features in the downtown area,
including street lights, trash receptacles, trees in distress, unkempt lots, missing or torn banners, and
water supply for new landscaping.
Ms. Urban then updated the Council on the DMD's communications and marketing program.
The DMD printed 35,000 brochures at a cost of $5,000 a year for distribution in hotels and retail
venues in the downtown area. In addition, the DMD issued NewsBriefs and NewsLetters on an 8-
month and quarterly basis respectively at a cost of $2,256.
Ms. Urban reported that the DMD conlributes and provides seed money to many events in
the downtown area, such as the Velocity Games ($5,000), Harbor Lights ($1,000), Dances with
Dolphins ($5,000) and the Harbor Ferry ($1,000)_
Ms. Urban also mentioned the DMD's new website, which provided information on
downtown events and venues. The site also included information on properties or offices that were
Minutes - Regular Council Meeting
July 20, 2004 - Page 24
for sale or lease, and links to city services.
Ms. Urban then discussed the DMD's plans for this year. First, the DMD had issued an RFP
for the design of multiple downtown parks and green spaces, including Artesian Park, Spohn Park,
La Retama, and BluffBalustrade. She noted that the RFP required that any plans conform with the
South Central Area Development Plan and the bayfi'ont master plan. Second, the DMD was working
on a program to plant/replace trees and sidewalks in the downtown area. She said the funding for
this year would allow for work on the following phases: Phase I - William Street (3-1/2 blocks) -
$65,000, Phase II - Water Street (3 blocks) - $35,000, and Phase 3 - Coopers Alley (3 blocks) -
$45,600, for a grand total of $145,600.
In summary, Ms. Urban stated that the DMD felt they had successfully accomplished their
goals this year with a staffoftwo persons and a 15 member board of directors chaired by Mr. Wes
Hoskins. She remarked that contrary to popular belief, the DMD did not have complete control over
the downtown area nor did it have the resources to fix all of the downtown area's problems.
Nevertheless, Ms_ Urban said the DMD could accomplish projects within their means and monitor
those projects. The DMD could also work with partners to help implement their more ambitious
plans_ Finally, Ms_ Urban said the DMD could communicate with the community to inform them
about their organization and its goals. Ms_ Urban then thanked a number of the DMD's partners for
their assistance_
Mr. Kelly spoke in support of the DMD's tree planting effort. Mr. Scott stated that he hoped
to hear the DMD's position on the vacant building ordinance when it came before the Council on
July 29.
Mayor Neal opened discussion on Item 35 regarding the Allison Wastewater Treatment Plant
improvements. There were no comments fi.om the audience_ City Secretary Chapa polled the
Council for their votes as follows:
35.a- ORDINANCE NO_ 025853
Ordinance appropriating $2,571,778_26 from unappropriated interest earnings fi.om
Wastewater 1994A CIP Fund 4240 (SRF Funds) for the Allison Wastewater Treatment Plant
Rehabilitation and Other Improvements Project; amending FY2004 Capital Budget adopted
by Ordinance 025647 by increasing appropriations by $2,571,778.26.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting
"Aye"; Kinnison was absent.
Minutes - Regular Council Meeting
July 20, 2004 - Page 25
35.b_ MOTION NO. 2004-272
Motion authorizing the City Manager or his designee to execute consmaction contract with
R.S. Black Civil Contractors, Inc./Machinery & Materials, Inc., a Joint Venture, of Corpus
Christi, Texas in the amount of $2,503,447 for the Allison Wastewater Treatment Plant
Rehabilitation and Other Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Ches'ney,
Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent.
Mayor Neal called for the City Manager's report. City Manager Noe announced that this
Wednesday evening at 6:00 p_m., a NIP Area No. 5 progress meeting would be held at the Small
World Daycare. He thanked the Corpus Christi Hooks for their participation in the library summer
reading program, which distributed 5,000 reading logs and had 1,200 participants on July 17.
City Manager Noe reported that the following items were scheduled for the July 27 meeting:
tax rate consideration; second reading of the budget; public hearing on Bond 2004; and the EDC
quarterly report. He also announced that a firefighter, Mr. Kabala, had passed away, and he said he
would provide information on the services.
Mayor Neal commented on an unkind letter from a constituent who stated that he prayed the
Mayor would become ill or move away.
Mayor Neal called for Council concerns and reports. Mr. Garrett commented on a letter fi.om
a constituent complaining that a wrecker company was gouging the public, and he asked Mr_ Noe
to look into revoking their permit. He also reported that the water pressure on Padre Island was
greatly improved. He asked for a status report on a kickball park project funded through CDBG
funds_ Finally, he asked staffto put pressure on SBC to accelerate their repairs so the street work
on McArdle and Gollthar could continue.
Mr. Scott asked for a status on Mr. Michael Manjarris's sculpture garden concept. He
mentioned a letter from a constituent regarding problems with the noise levels at a residence in Pope
Place. He also mentioned that the North Beach Business Association had proposed renaming a
street, but since there were no addresses on the street, Mr. Scott was hoping the city could reduce
the cost_ He asked Mr. Noe to contact them about the matter.
Mr. Noyola spoke regarding an e-mail from Sgt. Mario Gomez stationed in Iraq, saying it
was good to hear fi'om him. He also congratulated the International West Side All-Stars pony league
team for winning the state championship.
Mr. Kelly also asked staff to look into the towing company complaint Mr. Garrett had
mentioned. He also asked staff to look into complaints about several provocative billboards that
have been put up in the area_ Finally, he asked Mr. Noe to look into a problem with brush pick-up
at a local church on Princess Drive.
Minutes - Regular Council Meeting
July 20, 2004 - Page 26
Mr. Colmenero thanked the police chief and staff for their efforts in addressing the graffiti
and transient problems in the area_ He also asked who was responsible for naming new sla-eets. City
Manager Noe replied that new streets were normally named by the developer, upon review by city
staff and the U.S. post office. He said he would provide Mr. Colmenero with information on the
process.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 3:40 p.m. on July 20, 2004_
BOND ISSUE 2004 - REVISED RECOMMENDED PACKAGE PROPOSAL
OPTION I OPTION 2 OPTION 3 OPTION 4
70M Package 70M Package 80M Package 90M Package
Streets O~ly glreeta S b'e~ 81roo~
Health & Sa~e(y Heel~h & Safety Heal~ & 9a~ity
Public FaclliUes Public Fac[llthJs Public Facll~e8
PaS & Rac Park & Roc
Ecoflomlc Dev Eoaflofldc Der
i1.
2.
3.
STREETS:
ADA Improvements
CIrna~ron Blvd. Ph. I - Saratoga to Yorktow~
Clma~ron Blvd, Ph. 2 - Yodd~m to Bison (Mlreles)
4. Doddrldge Slme{ - Ocean Drive to Staple~
Eve~nart Road, Ph. I - Saratoga to Cedar Pass
North Pert Ave - IH 37 to US 181
Up River Road - Rand Morgan to McKenzle
WaJdron Road - Purdue to Glen Oak & Meditan'anean Ex{
FebJXe TxDOT Pa~cipaUon
* Neighborhood Sb'ee~ ReoDnsl]'ucUon
11. Slmet Li~hflr~
* Sb'eet Overlays
Tnifflc CerlgesSon Mana0emen!.
Traffic Signals (New & Upgrades) -
I 12.
13.
14.
15.
No Tax Increase
I PropoalUon
No Tax Incroa.se
3 PropoalUon$
4,000,O00
6,440,000
2,372,O0~
3,495,000
4,497,000
1,604.000
4,4~5,O00
2,474,00~
500,000 500,000
9,428,000 g,428,0~X)
4,200,0~3 4,200,000
3,500,000 3,,500,000
2,130,000 2,130,000
1-Cent Increase
5 ProposllJons
Cliff Maus, Ph. 2 - BrOWl~svilta Rd lo Bear Lane
cr~ff Maus, Ph. 3 - SPID to Rockfo~ Drive
17. WoOIdrkige Road - Airline Road lo Rodd Field
18. Wooldridge Road - Slaptas Sheet to Ah'line Road
19. Developer PartldpaUo~
20. Gree~w(~3d Or. Ph. 1 - Goliiher to S~3ulh Padre Island Or.
21. Laguna Shores Road - Graham to 'HusUIn Hornet
22. Bayfront Development Plan Phase I (Sheets)
PUBUC HEALTH & SAFETY:
Sub-Total
Saint
Packages'.
23. Soulhslde Fire StsUon
24. ADA Co-Ed Fire Stations
25. Police / Fire Tralolng Facilib/Ph. 2 - La~ Acq.
Sub-Total Public Health & Safeb~ Packages:
PUBUC FACIUTIES:
26. NW Hbrary Expansion
'27. Museum F~e SupS, Ph_ 2
28. New Soultmlde IIIxary
Sub. Total Public Facility Packages:
PARK & RECREATION:
29. Sports Fletd Improvements
30. Golf Coume Impmvemenis (E_xlsUng Courses)
31. Renovata Senior & RecreaUon FadllUes
32. HEB Tennis Center
33, Neighberhood Parks Improveme~la
34. Wlndsporl Park Impmvernen~ (South Cole Park)
35. Bayfi'on! Development Plan Phase I (Parks)
Sub-Total Park & Recreation Packages:
ECONOMIC DEVELOPME]~IT:
2-Cent Incmas~
5 Propo~lflo~
36_ Downtow~ Redevelopment Parfldpa~3n
37_ Norlh Beach Area Improvements
38. Padre Island AeslheUc Development Participation
39. Park Road 22 Bridge (Cost EsUmatad)
40. ~ Acuz Road Reaflgnrnent
Sub-Total EconomJc Development Project Packagea:
TOTAL PACKAGE PRICE:
I- ' Schedrde A Detailad est Included on Hext Page
4,O00,O00 4,000,0O0 4.000,(K)O
6,440,O00 6,440,O00 fl,440,000
2,372,000 2,372,000 2,372,0OO
3,495,000 3,495,000 3,495,000
4,497,0(]0 4,497,000 4,497,0(]0
1,604,000 1,604,0O0 1,604,000
4,465,000 4,465,000 4,485,00(]
803;000 803,O00
1,058,000 1,058,000
3,239,000 3.239.000
4,373,000 4,373,000
2,760,000 2,760,O00
3,412,000 3,412,000
3,950,000 2,924,000
70,O00,000
1,500,000
t,500,000
2,000,000
2,,000,000
.500,000
9,428,000
800,000
4,200,0O0
3,500,000
2,130,O00
803,000
1,058,000
3,239,000
4,373,000
2,760,000
3,412,(]~)
66,059,0G0
1,500,000
400,000
1,900,000
2,000,000
160,O00
2,2~,O00
2,7~,O00
1,300,O00
250,000
100,000
150,000
1,400,000
1,175,O00
3,075,0O0
70,000,000
500,000
9,428,000
800,000
4,200
3,500,000
2,130,000
803,000
1,058,000
3,239,000
4,373,000
2,760,000
3,412,000
4,400,000
1,500,000
400,000
895,0<)0
2,795,(]~0
2,000,000
160,000
3,5(X],000
5.660,000
2,250,000
2,756
1,300,000
500,000
500,000
100,000
3,088,000
10,494,00~ '
2~,000
1~,000
1~,000
t,175,000
3,075,000
BOND ISSUE 2004 - REVISED RECOMMENDED PACKAGE PROPOSAL
OPTION 1 OPTION 2 -7~PTION 2A,~--
70M Package 70M Package 70M Packable
Street~ Only Streeta Sheets
Health & Safety Health & Safety
Public FaclllUes Public Facilities
Park & Rec
No Tax Increase No Tax Increase No Tax Increase
I Propo~lUon 3 Propositions 4 Propositions
STREETS: ~
1. LADA Improvements ~ ] 4,000,000 4,000,000 4,000,000
2. 'Clmarron Blvd, Ph. I - Saratoga to Yorktown 0,440,000 0,440,000 8,440,000
3. Cimarron Blvd, Ph. 2 - Yorktown to Bison (Mlreles) 2,372,000 2,372,000 2,372,000
4. Doddrldge SIz~et - Ocean Drive to Staples 3,495,000 3,495,000 3,495,000
5. Everhart Road, Ph. 1 - Saratoga to Cedar Pass 4,497,000 4,407,000 4,497,000
8. North Port Ave - IH 37 to US 181 1,604,000 1,604,000 1,604,000
7. Up River Road - Rand Morgan to McKenzie 4,465,~0 _00 4,465,000 4,465,000
Waldron Road - Purdue to Glen Oak & Mediterranean Ext 2,474,000
Future TxDOT Participabon ~
10. , Neighborhood StreetReconslz'uctlon
11. Strea_~t L~_htln~q
12. * Slreet Ovaday~
13. Traffic Congeslion Man_a~em0n~
14. Traffic Signals (New & Upgrades)
15. , Cliff Maus, Ph. 2 - Brownsville Rd to Bear Lane 803,000
16. Cliff Maus, Ph. 3 L S~ID to Rockford Ddve 1,058,000
17. Wooldddge Road - AJdiea Road to Rodd Field
18. Wooldrldge Road - Staples Street to AJdine Road
19. Developer Participabon~
20. Greenwood Dr Ph. 1 - Golllhar to South Palm ISland Drl --
21. Lacuna Shores Road - Graham to 'Hustlin Hornet
22. Bayfront Dev~!opment Plan Phase 1 (Streets)
Sub-Total S~reet Packagee:
PUBIC HEALTH & SAFETY:
23. Southslde Fire Station
?4. ADA_Co-_Ed Fire Stations
25. Police / Fire Training Facility Ph. 2 - Land Ac, q.
Sub-Total Public Health & Safety Packages:I
PUBLIC FACILITIES:
26. ~NW Ll~m~_~a_n~!on
27. [Museum Fire Suppression, Ph. 2
28. [NewSou[hsido Library
! Sub-Total Public Facility Packages:
PARK & RECREATION:
~9~ ,Sp~ F~eid improvements
~30. Golf Course Improvements (Existin~l Courses~
31. Renovate Senior & Recreation FaciliUes
32. iHEB Tennis Center
-~-3. N~g~bo~rhood parka Improvements
34. Wind, port Park Improvements (south Cole Park)
3_5. Ba~/ffontD?elopment Plan Phase 1 (Parks)
Sub-Total Park & Recreation Packages:
ECONOMIC DEVELOPMENT:
36. Do ~w~tov, m Redevelo~Dment P~rflclpa~lon
37. North_Beac_h~Am~_ Improvements
38. Padre Is and AestheUc Deve opment Participation
39. iPark Road 22 BHdge (Cost Esl~matad)
40. 1 NAS Acuz Road Realignment ,
~ / SubTTo-tai E,-onomic DeVelopment Project Packages:.
! TOTAL PACKAGE PRICE:I 70,000,0{~
2,474,000
500,000 500,000 500,000
9,428,000 9,428,000 9,428,000
800,000 800,000 800,000
4,200,000 4,200,000 4,200,0~0
3,500,000 3,500,000 3,500,000
2,130,000 2,130,000 2,130,0~0
803,000 803,000
1,058,000 1,058,000
3,239,000
4,373,000
500,000
2,760,000
3,~412,000 3,412,000
2,924,0~0
66,500,000 68,050,000
1,500,000 i 1,500,000
1,500,000 1,500,000
2,000,000 2,000,000
2,000,000 2,000,000
150,000
1,400,000
1,550,000
70,000,000 71,600,000
__5oo,ooo
3,239,000 3,23g,000
4,373,000 4,373,000
500,000 500,000
2,760,000 2,760,000
3,412,000
3,9,50~000
70,000,000
2
CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT -Eleven (11) vacancies
with terms to 7-06 and 7-08 representing one of the following: 1) a resident of the district, 2) an
owner of property in the district, 3) an owner of stock, whether beneficial or otherwise, of a
corporate owner of property in the district, 4) an owner of a beneficial interest in a trust that
owns property in the district, or 5) an agent, employee or tent of one of the above. (Directors are
chosen through the recommendation of the board and the approval of the City Council)
DUTIES: The district will provide maintenance, security, marketing, and the promotion and
improvement of property and facilities within the district; the district has the authority to levy
taxes or assessments for improvements in the downtown area_
COMPOSITION: The board is composed of at least nine but not more than thirty directors,
serving four-year staggered terms. The board has taken action to maintain the number of
directors at fifteen.
BOARD MEMBER
*Wayne Lundqulst (A/F.,rr), Chairman
Mark Adame (A/FiT), Vice-Chairman
Dorde Clower (A/Err), Treasurer
**George Placke (A/FiT)
**Willard Ha.mmonds, Sr. (PO)
Ted Stephens (PO)
**Gordon E. Landreth (PO)
*Manuel Ugues (A/EdT)
**Richard King, m
***Brad Lomax (PO)
***Charles W. Thomasson (PO)
**Buz Maxwell (PO)
*Bill Dun-ill (A/F2T)
*Wes Hoskins (pO)
***Jennifer Quick (PO)
Dan Richter (PO)
**Raymond Gignac (PO)
**Leon Loeb (PO)
***Ted Puckett (A/FiT)
ORIGINAL
TERM APPTD, DATE
07-04 08-22-~
07-06 08-22-00
07-06 07-01-94
07-06 06-09-98
07-04 10-12-99
07-06 07-01-94
07-06 11-01-92
07-04 11-09-99
07-06 12-16-94
07-06 05-14-02
07-06 07-01-92
07-04 06-25-96
07-04 06-10-03
07.-04 08-22-00
07-04 08-22-00
07-06 09-11-01
07-04 08-21-01
07-04 08-21-01
07-04 08-21-01
R
PO
SO
A/Err
Resident of Dislxict
Owne~ of Property within the District
Owner of Stock or Corporate owner of Property within the D~s~ict
Agent, Employee or Tenant of one of the above
*Seeking reappointment
**Resigned
***Resigned; the board took action to reduce number of dh-ectors and eliminate slot
(The C.C. Downtown Management District Board of Directors are recommending the
reappointment of ~Fayne Lundquist (A/FrO, Manuel Ugues (A/Eli), Bill Durrill (A/E/~ gF~
Hoskins (PO), Raymond Glgnac (PO), and Leon Loeb (PO). The Directors are also
recommending the appointment of Liz Lomax (PO), ~Fillard Hammonds, H (PO), I. es Cassidy
(PO), Eloy Salazar (PO) and.4nna Vasque~ (A/E/T) as new members.)
Les Cassidy
Attorney-At-Law, Cassidy & Raub, P.L.L_C. (PO)
(7-22-04)
Willard H. Hammonds, II
President, Apartment & Commercial Services, Inc.
Activities include: Corpus Christi Apa,tment
Association, Texas Apartment Association, and the
National Apartment Association. (PO) (7-21-04)
Liz Lomax
Co-Owner, Water Street Incorporated. (PO) (7-22-
O4)
Eloy Salazar
Self-employed, Investor_ Received an Associates in
Business Administration from Del Mar College.
Activities include: Corpus Christi Hispanic
Chamber of Commerce, International Trade
Committee, Corpus Christi Chamber of Commerce
and U.S. Chamber of Commerce. (PO) (7-21-04)
Aha L. Vasquez
Banking Center Manager and Vice-President, Bank
of America Dow'ntow'n. Currently a board member
of the Corpus Christi Hispanic Chamber of
Commerce, supporter of the March of Dixnes,
supporter of United Way and member of the Corpus
Christi Cathedral. (~F_,/T) (7-22-04)
TRANSPORTATION ADVISORY COMMITTEE - One (1) vacancy with terms to 4-30-05.
(Note: One member has traditionally been the security officer at the Navai Alr Station.)
DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety
investigation, ttaffic accident, injury and damage prevention in the City; developing and
implementing coordinated traffic safety programs which meet local needs; acting in an advisory
capacity to the City Council and the City Manager in the coordination of traffic safety activities
of the official agencies and depa~hnents of the City; promoting public acceptance of official
programs proposed or initiated by the City; fostering public knowledge and support of traffic law
enforcement and ~xaffie safety problems; cooperating with public and private school systems in
promoting traffic safety training a/ds in the schools; promoting the education of the public in
traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage,
and accidents on the City's streets.
COMPOSITION: Nine (9) members appointed by the City Council for three-year terms to
provide advice on transportation and traffic safety matters_ One member has traditionally been
the incumbent security officer at the Naval Air Station. Elects Chairman and Vice-Chairman
annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers.
MEMBERS TERM
Alex McNak 4-30-07
Stuart Sher 4-30-05
Robbie Foster 4-30-07
Grace M. Gonzalez 4-30-05
Will/am Green 4-30-07
David V. Seller 4-30-06
Raul Torres 4-30-06
Don Davenport 4-30-06
*MAC Annette Torres (NAS Security Officer) 4-30-05
ORIGINAL
APPTD. DATE
5-11-04
2-17-98
4-11-O0
2-13-01
5-11-04
5-13-03
5-13-03
1 - 11-00
1-13-04
*Resigned
(]Vote: The Transportation Advlsory Committee is recommending Brian Clements to fill the vacancy
traditionally held by the incumbent security officer at the Naval Air Station.)
INDIVIDUAL EXPRESSING INTEREST
Dale D. Berry
Director of Development, Texas A&M-Kingsville.
B.A. fxom Howard Payne University. Member of
Beautify Corpus Christi, South Texas Area Rides
Association and the Association of Fund Raising
Professionals. Would like to serve as an advocate
for bike lanes. (1-24-02)
Linda Hardy Clark
Brian Clements
Joseph J. I-koch
Billy Ray Sayles
Antonio Vega
Curtis Weidner
Guest Service Manager, Omni Hotels - Corpus
Christi. Resident for 23 years. Volunteer
coach/advisor for Youth Bowling at Saratoga
Lanes. 0-28-03)
Assistant Security Officer, United States Navy -
Naval Air Station - Corpus Christi. Activities
include: Navy Regatta, Blue Angels Air Show,
Beach to Bay Run, Dare to Dream, and Big Shell
Clean Up. Received the Navy Commendation
Medal, Navy Achievement Medal, Humanitarian
Medals and Meritorious Unit Medals. (6-28-04)
Texas Driving School. Received B.S_ fi.om U-C.C-
and attended Corpus Christi State University and
Montclair State University for graduate work.
Deals with safety of driving. (7-01-04)
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 MHRM Board of Trustees, Texas Youth
Commission Volunteer Council and the RTA
Advisory Committee. (5-05-04)
Member of the Volunteers for Low Vision support
group, Church group activities, community
activities and the Optimist Club_ (5-04-04)
Ca~e Manager, Communities in Schools. B.B.A.
and M.S. in Secondary Education, M.S. in
Educational Administration_ Member of the
Coastal Bend Advocacy Development Program.
(11-22-o2)
3
COUNCIL MEMORANDUM
RECONIMENDATION: Motion approving the purchase of one pickup and one heavy truck fi:om
Access Ford, Corpus Christi, Texas based on low bid meeting specifications and most advantageous
bid in accordance with Bid Invitation No. BI-0112-04 for a total amount of $53,824. These vehicles
will be used by the Gas Department and Animal Control and are replacements to the fleet. Funding is
available in the Gas Department Operations Budget and from the FY2003-2004 capital outlay budget
in the Maintenance Services Fund.
Purpose:
These vehicles will be used in the day to day operations of the respective
departments. Replaced un/ts are evaluated for potential reallocation to
other departments and/or are disposed of through the City's standard
surplus disposal procedures.
Bid Invitations Issued: Sixteen
Bids Received: Six
Basis of Award:
Low bid meeting specifications - Item 1
Specifications require all vehicles submitted under the bid to be new and
the latest model in current production. Gunn Chevrolet, San Antonio,
Texas submitted a bid for a 2004 model Izuck although 2005 models axe
currently being made available to the fleet customers.
Most Advantageous Bid - Item 2
The standard instructions to bidders indicate the City will award to the
most advantageous bid and may use all quantifiable factors in the
evaluation process. Philpott Motors Ltd, Port Neches, Texas submitted
the low bid for item 2. However, the configuration of the pick-up
requires after market modifications be made to the truck which are not
covered by the Original Equipment Manufacturer (OEM) vehicle
warranty. As such, an award to Philpott Motors would require that all
aftermarket warranty repairs be made in Port Neches, Texas. Such an
arrangement would not be a cost effective solution for the City and
therefore a recommendation to award to a local dealer is being
submitted.
Funding:
Gas Department
5500204130-34130
Capital Outlay No. 114A
$22,710.00
Maintenance Services
550020-511040120
I~ , Il f~ Capital Outlay No. llSA
Procurement & General Services Manager
Total:
31,114.00
$53,824.00
BID INVITATION NO: B1~)112~4
PICK-UP TRUCKS
BUYER: MARIA GARZA
ITEM DESCRIPTION
1. Series (PU-3HD) 3/4 Ton Ex1. Cab
PIc,kup, Long Bed, with Service Body.
In Acoordance V~th Spec. Nos 101,
513, and 558. Color - V~ite
CIT? OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
Gunn Cbewotel Ac(ass Ford
__ San Antonio, Tx Coq)ua Chdsit, Tx
Unit Total Unit Total
QTY Price Prlc~ Pdce Price
(1)
I $22,355.00 ~22~710.00
Allen Samuels
Phllpott Motors, LTD Gunn Dodge ICrossiown Ford Chewole[
Pod Neches, Tx San A~tonio, TxIC°rpus ChrlslJ, Tx C~3rpus Chris§, Tx
Unil Total Unit Total I Unit Total Unit Total
$23,5~1 O0 $23,64g.00 $24,705.84 $30,804.00
2. Sades (HT-1) 10,000 lbs. GVWI~,
Standard Cab, Long Bed Pichup, with
Hydraulic Bed Holsl (Venco Model
~VPB or Equal). In Accordance with
Sbec~lcatJon No. 114. Color - Vv~lite
1 No Bid 31,114,00 31,000.00
No Bid 31,799.1§ 37,547 O0
Award Total: $53,824.00
(1) SpectflcaUons require a~l vehicles submitted under Ihe bid th be new and the latest model in current production. Gunn Chewolet, San
Anlonlo, Texas subm~ed a bid [or ~ 2004 model [ruc~ aitho~Jgh 200.' models am curmndy being r~ade available [o the Mee{ cus[hmers.
(2) The standard Insffuc'flons [o b~lders indlc~le the City will award Io the mos[ advantageous bid and may use a~l quanflflabla factors in [1'~
evaluatlen process. Phllpoit Mctors Ltd, Port Nec~e~, Texas subrnJ[ted the Iow bid for item 2. However, ~ c~ni~gurallon of [h~ plc~-up
requires afl, er markel mndlflcalions be made to the ffuc~ wflicfl am not co.red by [he Odginal Equipment Manufacturer (OEIVl)
warranty. As such, an award ld Phllpoff~ Moto~ would requEe thai al aftermarkel warranty r~palrs be made In Port Neches, Texas. Suc~
an arrangement would no[ be a cos[ effect~ so,~ullon for [h~ City and therefore a recommendation [o award th a local bealer is b~lng
aubmlited.
4
RECOMMENDATION: Motion approving a supply agreement with Code Blue Police
Supply, of San Antonio, Texas for soft body armor in accordance with Bid Invitation No.
BI-0095-04, based on best value for an estimated annual expenditure of $119,856.00. The
term of the agreement shall be for twelve months with an option to extend for up to two
additional twelve month periods, subject to the approval of the supplier and the City
Manager or his designee. Funds are available from the Law Enforcement Trust Fund.
BACKGROUND:
Purpose:
Previous Contract:
Bid Notices Issued:
Bids Received:
Award Basis:
The body armor is used by police officers as a bullet
resistant safety device designed to protect them in the line
of duty. The Police Department is replacing all existing
body armor with a lighter weight vest to encourage
prolonged use of the equipment. The recommended vest
weighs 34% less than the current garment and should
improve on the officer's mobility and comfort level.
The previous contract was terminated due to default_
Sixteen
Eight
Best Value
An evaluation team made up of Police Department
personnel and the Purchasing Division evaluated the bids
across five separate criteria; price, weight, comfort, lead
time and bidder's profile and qualifications. Code Blue
received the highest score and is also the lowest cost
provider. Police officers were given the oppommity to
wear the various types of vests submitted and
overwhelmingly chose the Code Blue vest.
Funding:
Law Enforcement Trust Fund
520090-1061-821001
$119,856.
Procurement & Gen al Services Manager
B1-0099-04
Maximum
Evaluation Cdteda Points
Pdce 20 20
Weight 20 20
ComforUWear ability 20 20
Lead Time 20 19
Bidder's Profile &
Quallflctlons 20 19
Score
Cost
SUMMARY EVALUATION MATRIX
SOFT BODY ARMOR
Code Blue Manny Trevino Ent Nardls, Inc.
San Antonio, Tx San Antonio, Tx Kilgore, Tx
Points Points Points
Awarded Awarded Awarded
Trooper Supply, In( GL Distributors, Inc Got You Covered
Houston, Tx Pembroke Pine, FL Fort Worth, Tx
Points Points Points
Awarded Awarded Awarded
17 14 15 17 19
18 19 20 19 18
15 20 20 15 15
18 19 19 19 19
19 16 13 16 15
98.0 87.7 87.2 87.0 86.9 85.5
$119,866 $136,470 $184,500 $172,500 $146,400 $125,370
5
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of two tractor loader backhoes from
J.C. Brown, Inc., Pharr, Texas for the total amount of $150,762.22. The award is based on the
cooperative purchasing agreement with the Houston Galveston Area Council of Governments
(HGAC). These backhoes will be used by the Gas Department. Funding is available from the
FY03-04 Gas Department Operations Budget and from the FY2003-2004 capital outlay budget
in the Maintenance Services Fund. Both units are replacements to the fleet.
Pu/pose;
These backhoes will be used for general excavation and backfill at various
job sites throughout the City.
Basis of Award:
The equipment is purchased through the cooperative purchasing
agreement with HGAC. HGAC acts as a purchasing agent for
participating members through the Inter-local Cooperation Act and abides
by all Texas statutes regarding competitive bidding requirements.
Service, support and warranty will be provided by the local John Deere
Dealer, J.C. Brown, Inc., Corpus Christi, Texas.
Funding:
Gas Department
550020-4130-34110
Maintenance Services
550020-5110-40120
Total:
$70,762.22
80,000_00
$150,762.22
Michael Barrera, C.P.M.
Procurement & General
Se wices Manager
City of Corpus Christi
Purchasing Division
Bid Tabulation
7~27~2004
Tractor Loader Backhoes
HGAC Bid No. EM05-03
Qty
J.C.Brown, Inc.
Pharr, Texas
Unit
Unit Pdce
Total
Series IV Backhoe
with ROPS Canapy, 4WD
extend a hoe, and 24"
spare bucket.
2 each
$75,381.11
$150,762.22
Award Total $150,762.2_2
6
RECOMMENDATION: Motion approving the purchase of three pickup trucks and
one minivan from Philpott Motors, Nederland, Texas for the total amount of $90,546.
The award is based on the cooperative purchasing agreement with the Houston Galveston
Area Council of Governments (HGAC). These vehicles will be used by the Gas
Department, Solid Waste, Beach Operations and Neighborhood Services. Funding is
available from the FY03-04 Gas Department Operations Budget, Beach Operations
Budget, the CDBG General Administration Grant and the TCEQ/Solid Waste Grant. One
unit is a replacement and three are additions to the fleet.
Purpose:
The vehicle for the Gas Department is a replacement to the fleet.
The remaining vehicles are additions The track for beach
operations will be used in the daily operations of the division
including hauling txailers loaded with trash barrels and equipment.
The truck for Solid Waste will be utilized by a compliance officer
daily to ensure compliance of illegal dumping and non-permitted
haulers. The minivan for Neighborhood Services will be used by
inspection personnel in monitoring federally funded construction
related projects and conducting their daily operational duties.
Basis of Award:
The equipment is purchased through the cooperative purchasing
agreement with HGAC. HGAC acts as a purchasing agent for
participating members through the Inter-local Cooperation Act and
abides by all Texas statutes regarding competitive bidding
requirements.
Service, support and warranty will be provided by the local Ford
Dealers in Corpus Christi, Texas.
Funding:
Gas Department
550020-4130-34110
550020-4130-34130
Beach Operations
550020-1020-12940
CDBG General Administration Grant
550020-1059-00000-850316
TCEQ/Solid Waste Grant
550020-1051-00000-806077
Procurement & General Services Manager
Total:
$15,242.22
2,860.28
27,869.50
23,594.50
20,979.50
$90,546.00
City of Corpus Christi
Purchasing Division
Bid Tabulation
712712004
Pick-up Trucks and Van
HGAC Bid No. VEl0-03
Qty
Philpott Motors
Nederlands, Texas
Unit
Unit Price
Total
2005 Ford F150 Super Cab
Pick-up
1 each
$ 18,102.50
2005 Ford F250, 4x4 Super Cab
Pick-up
1 each
20,979.50
2005 Ford F350, 4x4 Super Cab
Pick-up
1 each
27,869.50
2005 Ford Freestar Minivan
1 each
23,594.50
Award Total $ 90,546.00
7
COUNCIL MEMORANDUM
RECOMMENDATION: : Motion approving supply agreements with the following companies for
the following mounts for water and wastewater treatment chemicals in accordance with Bid Invitation
No. BI-0025-04, based on best value for an estimated armual expenditure of $1,575,706.82 of which
$131,401 is budgeted in FY03-04. The terms of the contracts will be for three years with options to
extend for up to two additional twelve month periods subject to the approval of the suppliers and the
City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments
in FY03-04 and requested for FY04-05.
Pennco, Inc.
San Felive, Texas
Hydroflourosilicic Acid
$66,903
Ferrous Sulfate
$578,637.50
Polydyne, Inc
Pdceboro, GA
Liquid Cationic Polymer
$110,520
Sludge Dewatering Polymer
$122,914.50
Valley Solvents & Chemicals
Comus Christi, Texas
Sodium Bisulfate Solution
$242,011.82
Bay Chemical & Supply Company
Odem, Texas
Liquid Ammonium Sulfate
$123,200
Liquid Aluminum Sulfate
$331,520
Grand Total: $1,575,706.82
******************************************************************************
Purpose: These chemicals are used in the production of our potable drinking water
and in the treatment of wastewater effluent. Liquid aluminum sulfate, liquid
ammonium sulfate, hydroflourosilicic acid and the liquid cationic polymer
are used in the water production process. Ferrous sulfate, sludge dewatering
polymer and sodium bisulfate solution are used to treat wastewater effluent.
Previous Contracts
The City is currently extending the present supply agreements for the above
chemicals on a month to month agreement. Historically, the City has bid
and awarded water and wastewater chemicals on an individual basis
resulting in the award and administration of eleven separate contracts
throughout the year. Last year, staff consolidated all of the City's
requirements under a single bid in an effort to minimize the cost and
improve on the administration of the contracts. Both goals have been
satisfied as the combined cost for all seven chemicals has remained stable
and the administrative cost will be reduced by 43%. Although prices
received across four additional chemicals were very favorable, market
conditions have changed since the bid date of December 2003 such that the
recommended suppliers for those four chemicals are unable to hold their
pricing firm for a twelve month period. As such, staff has decided to rebid
those four chemicals in an effort to test the market and ensure the City is
receiving the most competitive pricing for those items. The chemicals
recommended to be rebid are liquid chlorine, potassium permanganate,
liquid caustic soda and sodium hypochlorite solution.
Bid Invitations Issued:
115
Bids Received: 30
Basis of Award:
Funding:
Michael Ba!er~m
Procurement & G4
Best Value
Bids were evaluated across four separate criteria; risk, strategm need,
technical solution and cost. A committee comprised of employees from
the Water Department, Wastewater Department and the Purchasing
Division scored each of the bids and developed the attached summary
scoring matrix. Each of the recommended suppliers received the highest
score for the chemicals being recommended for award and are also the
lowest cost providers meeting all aspects of specification requirements.
The committee evaluated all bids received for eleven chemicals required.
However, due to changing market conditions, four of the recommended
suppliers are unable to hold pricing firm for a twelve month period.
Although the bid included instructions allowing for a price re-opener at
the end of the City's fiscal year, July 2004, staff is recommending a
rebidding of those chemicals in heu of allowing for a price change. The
decision to rebid is based upon the requested price changes submitted by
the suppliers, the variance between the low bidder and second low bidder
and the overall tight market conditions for at least three of the four
chemicals in question.
Water Devartment
520010-4010-31010 $5,575
520010-4010-31010 9,210
520010-4010-31010 10,266
520010-4010-31010 27,627
Hydroflourosilicic Acid
Liquid Cationic Polymer
Liquid Ammoinum Sulfate
Liquid Aluminum Sulfate
Total Water: $52,678
Wastewater Depa~ment
520010-4200-33100
5200104200-33110
5200104200-33120
5200104200-33130
5200104200-33140
$3,382}
28,505}
11,112} ..... Fe~ousSulfate
3,865}
1,449)
520010-4200-33100
5200104200-33110
520010-4200-33120
5200104200-33130
$819}
5,838)
819} ....... Sludge Dewatering Polymer
2,766}
5200104200-33100
520010-4200-33110
520010-4200-33130
520010-4200-33140
$4,840}
10,891}
2,622} ........Sodium Bisulfite Solution
1,815}
Total Wastewater $78~723
eral Services Manager
Total FY03-04:
$131,401
Water & Wastewater Chemicals
B1-0025-04
Summary Evaluation Matrix
Liquid Ammonium Sulfate
Bay Chemical
Odem, Texas
Criteria Maximum Scum
po~n~
Risk 30 29.67
Slra[egic need 15 13
Tec~ nlc. al Solution 15 14.67
Cos~ 40 4000
Altiv~
Hous[on, Tex~s
Criteria
Risk
Stya[egic ne~,d
Tec~ nlcal Solution
Cos[
Score 97.33 85.98
Annual Cost $123,200 $136,920
Hydroflouflslllctc Acid
Pennc~
San Fellpe, TX
Maximum Sc=re
15 12.33
Sc~re 99.33
Annual Cos[ $66,903
Criteda Maximum
poin[s
Risk 3O
Stra[eglc need 15
Tec~ nical Solution 15
Cos[ 40
Liquid Cationic Polymer
Polydyne Bay Chemical
Riceboro, GA Odem, TX
Sc. om Sc=ore
29.67 29 {30
12.33 11.33
15.00 1467
40.00 33.79
Alflvla
Houston, TX
Sc~re
24.67
9.67
12.33
31.71
Stockhousen
Greensboro, NC
23.00
9.33
10.00
24.71
Sc~re 97.00 88.79 78.38 67.04
Annual Cos[ $110,620 $131,220 $140,040 $180,000
Water & Wastewater Chemicals
B1-0025-04
Summary Evaluation Matrix
Ferrous Sulfate
(1) (1)
Valley Solvents Pennco Kemlron US Filter/Davis
Corpus Christi, TX San Felipe, TX
Cdteda Maximum Score Score Score Scorn
points
Risk 30 0.00 28.25 0 27.75
Sb-ategic need 15 0 13 0 12.25
Tech n re. al Solu[Jon 15 000 14.25 0 14.25
Cost 40 0 40.00 0 13.00
(1)
Score 0.00 95.50 0.00 67.25
Annual C~st $512,993 $$78,637 $849,721 $1,811,281
Valley So~vents and Kemlron do not meet the minimum s~n requirements reagrdlng experience
and/or technicar expertise.
Sludge DewateHng Polymer
Polydyne Sto<~housen
Riceboro, GA Greensboro, NC
Cdteda Maximum Scere Score
points
Score 93.25 80.25
Cost $122,914 $132,508
Sodium blsulfite solution
Criteda Maximum
poin[~
Risk 30
Strategic need 15
Technical Solution 15
Cost 40
Valley Solvents Unlvar
Corpus Chdstl, TX Corpus Chdosti, TX
Score Score
26.75 29.25
11.5 10.5
1475 15
40 37.76
Sc. ore 93.00 9251
Annual Cost $242,011 $256,331
Water & Wastewater Chemicals
B1-0025-04
Summary Evaluation Matrix
Cdteda Maximum
points
Risk 30
StraLegic need 15
Technical Solution 15
Cost 40
Liquid Aluminum Sulfate
Bay Chemical Solhem Ionics General Chemical
Odem, TX West Point. MIS Parslpplny, NJ
Scor~ Sc~re Score
29.67 23.33 18.00
12.33 10.0~3 9.00
14.67 11.00 8.67
40.00 25.00 16.00
Sc~3m 96.67 69.33 51.67
Annual Cost $331,520 $528,384 $853,600
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 07127104
AGENDA ITEM:
Motion authorizing the City Manager or his designee to acce__pt a grant in the amount of
$296,692 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the
motor vehicle theft enforcement grant within the Police Department for Year 4.
Ordinance appropriating $296,692 [rom the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1061 Police Grants Fund, apprepdating $24,126.75 from the No. 1061
Law Enforcement Trust Police Grants Fund, appropriating $45,534.25 from the No. 1061
ATPA Asset Seizure and Forfeiture ^,-~-,unt, and authorizing the transfer of $47,168 from
the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant
matching funds.
ISSUE: The ATPA has awarded Year Four funding to the City of Corpus Christi and the grant must
be accepted and funds appropriated.
REQUIRED COUNCIL ACTION; Approval to accept the grant and appropriate the funds.
PREVIOUS COUNCIL ACTION: Approval to submit the grant on 04127104.
FUNDING: Year 4 of the grant requires at least a 20% match by the City. The match may be
cash, in-kind, or program income.
$ 24,126.75
Law Enforcement Trust Fund
Program Income generated by the ATPA Grant - seized
items sold at auction or confiscated cash. $ 45,534.25
General Fund contribution to grants provided in F'Y 03/04 $ 47,168
In4dnd contribution for office space and copier supplies $ 12,488
As more items are confiscated and/or sold at auction, the match from Program Income will increase
and the General Fund contribution will decrease.
CONCLUSION AND RECOMMENDATION: Acceptance of the grant and appropriation of funds.
Attachments:
-/ Grant award document
BACKGROUND INFORMATION
The City of Corpus Chdsti has received Year 4 funding from the Texas Automobile Theft Prevention
Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was
established in 1991 due to dsing auto thefts and is funded through an annual $1 fee on every insured
vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas.
The Texas Comptroller of Public Accounts collects the fee.
The unit focuses not only on detection and apprehension, but also on the salvage yards in the
City and County to reduce the sale of stolen vehicles and parts. There is an extensive public
awareness campaign that is a requirement of the grant; this has included a resurgence of the
Operation HEAT program as wall as other crime prevention programs focusing on reducing auto
thefts.
The grant includes funding for a Lieutenant to supervise the Unit, two sworn CCPD officers, one
civilian Crime Analyst, one civilian Management Assistant, and one part-time Staff Assistant to
assist with data entry of auto theft crime information. The three civilians conduct data analysis,
cdme analysis, manage the required public awareness campaign, and maintain grant paperwork.
Because these funds are neither Federal nor State but from an insurance fee, there is no set
time limit for the grant to end; other grantees have been continuously funded for 10 years. The
City must reapply each year because the ATPA requires a very close review of performance and
the granlee's ability to utilize the funds elflclently.
Watch Your
4000 Jackson Avenue
AusUn, Texas 76731
Telephone: (512)374-5101 Facsimile: (512)374-5110
MEMORANDUM
TO:
FROM:
SUBJECT:
Project Directors
Automobile Theft Prevention Authority (ATPA) Grants
Susan Sampson. Director
Automobile Theft Prevention Authority
ATPA Grant Award Documents
The enclosed packet contains important documents conceming a grant awarded to your agency
by ATPA. In a separate letter, the authorized official designated in your grant application has
been informed of the award.
Also for your information, please be advised that, under separate cover, the designated financial
officer has been sent a copy of the documents enclosed in this letteg a set of Request of Funds
forms which need to be sent to the ATPA office; and reference documents, if applicable.
The documents provided should be read carefully and kept in your permanent records. The
documents included are listed below:
1. Original Grant Award Letter.
2. Odginal Slatement of Grant Award which lists the Special Conditions which need to
be met pdor to release of funds.
3. Odginal Acceptance Notice_
4. Original Budget Digest.
The Statement of Grant Award contains a copy of the Approved Budget Summary, which
reflects the final grant budget. This approved budget may or may not be exactly the same
as the budget contained In the grant application originally submitted to ATPA. Because
of this, you should compare this document with the application to familiarize yourself
with any changes that may have occurred.
Please read carefully the approved budqet summarv and if there are any corrections
contact ATPA before the Accel~tance Notice is slqned.
If I can be of assistance, please call 512/374-5108.
Wal Yo ?
July 7, 2004
Mr. George K. Nee
Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Re:
GRANT NBR: SA-T01-101M5-05 YEAR OF FUNDING: 4
APPLICATION: City of Corpus Christi
TITLE: Corpus Christi Auto Theft Prevention Grant
AMOUNT: $ 296,692
Dear Mr. Noe:
I am pleased to inform you that the above referenced grant is approved in the mount indicate&
The grant award must be accepted within 30 days by completing and returning the enclosed
grantee acceptance notme in the pre-addressed envelope provided. A copy of the Automobile
Theft Prevention Authority's Grant Adminislrative Guide is being forwarded under separate
cover to the financial officer designated in your grant application.
I look forward to working with you to ensure the success of your program. Any questions
relating to the aclmJ, nistmtion of this grant should be directed to our office by calling the Grant
Admimstrator, Charles Caldwell (512) 374-5108.
Sincer~y,
Susan Sampson
Director, ATPA
Texas Automobile Theft Prevention Authority
Statement of Grant Award
Grant Number:
Grantee:
Project Title:
Grant Period:
SA-T01-10045-05
City of Corpus ChdsU
Auto Theft Prevention Grant
09/01~2004 - 08/31~2005
ATPA Award: $296,692
Grantee Cash: $116,829
Grantee In-Kind: $12,488
Total Project Cost: $426,009
The Texas Automobile Theft Prevention Authority (ATPA) has awarded the above-referenced grant. The
approved budget Is reflected In the attached Approved Budget Summary. This grant is subject to and
conditioned upo~ acceptance of the ATPA Grant AdmlnistraUve Guide promulgated for this spec/ftc program fund
(referenced above) through the Automobile Theft Prevenfio~ Authority a listing of applicable special conditions are
listed below. Total project costs must be accounted for in accordance with the Uniform Grant and Conb~--'t
Management Standards and the Administrative Guide.
GRANTEE REQUEST FOR FUNDS
Ait Grantee request for funds shall be submitted to ATPA in accordance with the Inslrucflons provided
by A'EPA and shall be in the form required by ATP,A- Requests for funds will not be honored until all
special conditions outlined on the Statement of Grant Award and actJo~ required on [he part of the
grantee have been satisfied.
GRANT ADJUSTMENTS
Grantee shall submit wfltten requests for grant adjustments, as required by the applicable ATPA Rule
contained in [he Grant Adminisb'ative Guide for [his specific program fund.
Special Conditions and Requirements:
Coopera§ve Working Agreements
Interagency Agreement and Approval
July 7, 2004
AWARD DATE
SUSAN SAMPSON
Automobile Theft Prevention Authority
4000 Jackson Avenue, Austin, Texas 78731 512/374-5101
GRANTEE ACCEPTANCE NOTICE
AGREEMENT:
That whereas CiW of Corpus Christi
hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Theft Prevention
Authority, State of Texas, entitled Auto Theft Prevention Grant
and further identified by grant number SA-T01-10045-05 ; and
Whereas, the Automobile Theft Prevention Authority has approved the grant application as evidenced by the
Statement of Grant Award fi.om the Automobile Theft Prevention Authority dated 07/07/2004
certain special reqmrements; and
Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management
Standards, and special requirements as evidenced by the Statement of Grant Award;
Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and
Contract Management Standards and special requirements in the grant application and the Statement of Grant
Award as evidenced by the agreement, executed by the project director, the financial officer, and the official
authorized to sign the original grant application, or the official's successor, as presxding officer of and on behalf of
the governtng body of th~s grantee; and
Now, therefore, the Grantee shall designate either the project director or the financial officer to
coordinate and be solely responsible for submission of adjustments pertaining to both program and
l'mancial elements of the application, and the POSITION authorized to submit adjustments
is Project DirectDr, P. Alvar~z, Jr.
NON-LOBBYING CERTI~'ICATION:
We, the undersigned, certify that none of the grant funds, regardless of their source or character,
including local cash assumption of cost funds, shall be used in any manner to influence the outcome of a.ny election
or the passage or defeat of any legislative measure.
A finding that a grantee has violated the certification shall result in the hxm,ecliate terminatxon of funding of the
project and the grantee shall not be eligible for future funding fi.om the Automobile Theft Prevention Authority.
Certified By:
Signature of Pr~.~D~or
P. Alvaa:e_z, Jr., Chief of Police
Name & Title(must print or ty~)
P. O. Box 9015
Official Agency Address(street or post office box)
Corpus Christi, TX 78469 361-886-2604
City/Zip CodarTelephone Number
Date:
Signature of Finaaclal Officer
CJandy O'Brie. n, DLr~2tor of F~c~
Name & Title(must print or type)
P. O. Box 9277
Official Agency Address(street or post offic~ box)
Corpus Christi, TX 78469 361-880-3600
City/Zip Code/Telephone Number
Signature of Authorized Official
George K. Ncc, City Manager
Name & Title (must print or type)
P. O. BOx 9277
Official Agency Address (street or post office box)
Corpus Christi, Texas 78469 361-880-3222
City/Zip Code/Telephone Number
Grant Number:.
Grantee:
Project Title:
Grant Period:
Funding Source:
Texas Automobile Theft
Prevention Authority
Approved Budget Summary
SA-T01-10045-05
City o[ Corpus Chdsti
Corpus ChdslJ Auto Theft( Prevenfio~ Granl
09/01/2004 to 08/31/2005
Auto Theft Prevention Authority
Region: 2000
Date: 07/07/04
ATPA Cash Match In-Kind TOTAL
A. Personnel: $293,192 $93,179 $0 $386,371
B. Contractual: $0 $0 $0 $0
C. Travel: $0 $6,909 $0 $6,909
D. Equipment: $0 $0 $0 $0
E. Supplies: $3,500 $16,741 $12,488 $32,729
F. Indirect: $0 $0 $0
Total: $296,692 $116,829 $12,488 $426,009
Budget Detail:
A. Cdme Analyst 100 % $28,495; Management Asst. 100% $24,865; Lieutenant 100% $47,130; Sr.
Officer 100% $40,637; Sr. Olficer 100% $40,637; Staff Assistant 75% $11,164; Overtime $13,882;
Fdnge Benefits $86,382
F. Vehicle Maint_ $3,500
q_aw Enforc~-nent, Detection and Apprehension
ORDINANCE
APPROPRIATING $296,692 FROM THE TEXAS AUTOMOBILE THEFT
PREVENTION AUTHORITY (ATPA) IN THE NO. t061 POLICE GRANTS
FUND TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT
GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 4;
APPROPRIATING $24,126.75 FROM THE NO. 1061 LAW
ENFORCEMENT TRUST POLICE GRANTS FUND; APPROPRIATING
$45,534.25 FROM THE NO. 1061 Al'PA ASSET SEIZURE AND
FORFErrURE ACCOUNT AND AUTHORIZING TRANSFER OF $47,168
FROM THE NO. 1020 CASH CONTRIBUTION TO GRANTS TO THE
NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $296,692 is appropriated from the Texas Automobile Theft
Prevention Authority (ATPA) in the No. 1061 Police Grants fund to continue the motor
vehicle theft enforcement grant within the Police Deparlment for Year 4; that $24,126.75
is appropriated from the No. 1061 Law Enforcement Trust Police Grants Fund;
$45,534.25 is appropriated from Me No. 1061 ATPA Asset Seizure and Forfeiture
Account, and $47,168 is transferred from the No. 1020 Cash contribution to grants in
the No. 1061 Police Grants Fund as grant matching funds.
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.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: July 21, 2004
Lisa Aguilar ~'~~/
Assistant City'Attomey
for City Attomey
Samuel L. Neal, Jr.
Mayor
Corpus Chdsti, 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
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 Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
9
CiTY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 27, 2004
AGENDAITEM:
Motion authohzJng the City Manager or his designee to execute an agreement with the
Friends of the Corpus Chdsti Museum of Science and History in which the Fdends agree
to instruct the Corpus Chdsti Museum of Science and History Foundation Trustee to
spend funds received from the John R. Kleespies Estate and income dedved from that
Estate for Museum purposes.
Ordinance appropriating $69,698.71 from the John R. Kleespies Estate from the
Contributions and Donations Account No. 340000-1020-13490 to the Corpus Chdsti
Museum of Science and History Foundation and dedadng an emergency.
ISSUE:
The City of Corpus Christi received $69.698.71 from the Estate of John R. Kleespies to be
used by 'the Corpus Chdsti Museum of Science and History in memory of George and Lora
Kleespies.' The Museum Foundation was established to hold private contributions in trust
for use by the Corpus Christi Museum of Science and History. The Special Purpose Fund
of the Foundation receives deposits that are accompanied by special instructions by a
depositor. This Agreement with the Friends transmits appropriate instructions to the
Trustee to insure that the funds from the Kleespies Estate are used for public purposes at
the Corpus Christi Museum of Science and History. This money must be appropriated by
the City Council pdor to deposit in the Museum Foundation's Special Purpose Fund.
REQUIRED COUNCIL ACTION:
Adopt an ordinance appropriating $69,698.71 received from the John R, Kle~spies Estate to
transfer to the Corpus Christi Museum of Science and History Foundation.
CONCLUSION AND RECOMMENDATION:
It is recommended that the City Council approve the transfer of the funds received from the
of John R. K]eespies Estate to the Corpus Chdsti Museum of Science and History
Foundation.
BACKGROUNDINFORMA~ON
The Friends of the Corpus Christi Museum of Science and History established the Corpus
Chdsti Museum Foundation in the eady 1970's. 'The purposes of this Trust are to provide
financial support for the Corpus Chdsti Museum of Science and History...and the funds and
assets of the Trust shall be used and applied only for suc~ purposes.' The present I~ustee
of the Foundation is Wells Fargo Bank. Appointment or removal of the trustee requires the
approval or consent of at least two-thirds of the entire membership of the Board of Directors
of the Friends of the Corpus Chdsti Museum of Science and History and at least two-thirds
of the entire membership of the City of Corpus Chdsti Advisory Committee of the Corpus
Christi. Museum of Science and History.
Deposits to the Foundation's Special Purpose Fund and income deriving from those
deposits are distributed 'in accord with instructions, specifications, or authorizations' given
to the trustee at the time of the deposit.
The current balance in the Permanent Endowment Fund is about $750,000. The financial
condition of the Fdends of the Museum and the Museum Foundation are separately audited
annually by an independent firm, most recently by Fire and Wheeler.
Recent examples of projects funded by income from the Permanent Endowment include the
purchase of a large format color printer to improve in-house graphic production capabilities,
the renovation of McGregor Studio and Nueces Hotel neon signs for permanent exhibit, the
purchase of a lap top computer for use in power point presentations and collections
inventorying, cleaning and conserving the portraits of two early Corpus Christi residents,
and the purchase of a pertable speaker system to support pubiic presentations in spaces
where there am no sound systems.
ORDINANCE
APPROPRIATING $69.698.71 FROM THE JOHN R. KLEESPIES
ESTATE FROM THE CONTRIBUTIONS AND DONATIONS ACCOUNT
NO. 340000-1620-13490 TO THE CORPUS CHRISTI MUSEUM OF
SCIENCE AND HISTORY FOUNDATION AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $69,698.71 is appropriated from the John R. Kleespies Estate from
the contributions and donations account No. 340000-1020-13490 to the Corpus Christi
Museum of Science and History Foundation.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2004.
Al-rEST:
THE CiTY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This /~"~' day of
Mary I~y Fis(~er
City Attorney '
Samuel L. Neal, Jr,
Mayor
,2004:
072704 Museum A,op Ordinanoe.doc
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,
Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the fallowing vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
AGREEMENT
THIS AGREEMENT is entered into by and among the Parties, the FRIENDS
OF THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY, a Texas
nonprofit corporation (the "Friends"); the CITY OF CORPUS CHRISTI, TEXAS
(the "City"), a Texas home rule municipal corporation, acting through its
authorized City Manager, or the City Manager's designee; and WELLS FARGO
BANK, N.A., a national banking association (the ~Trustee"). Any references in
this Agreement to the "Party" or "Parties," shall mean the Friends, the Trustee
and the City, according to the context.
RECITALS
WHEREAS the Friends have organized the Corpus Chdsti Museum of Science
and History Foundation (the "Foundation") (of which the Trustee currently serves
as sole successor trustee) with an independent trustee to provide financial
support for the Corpus Chdsti Museum of Science and History, or its successors
(the "Museum"); and
WHEREAS the City has received $69,698.71 from the John R. Kleespies
Estate for the Corpus Chdsti Museum of Science and History, and
WHEREAS the City and the Friends agree that in order to carry out the wishes
of the Estate of Mr. John R. Kleespies, sufficient public controls must be in place
on this transaction to ensure that the public purpose is carded out;
NOW THEREFORE, and in consideration of the covenants, undertaking and
considerations herein stated, the parties mutually agree as follows:
1. CITY'S RESPONSIBILITIES. In consideration of the Friends' and the
Trustee's performance under this Agreement, the City agrees to transfer to the
Foundation the sum of $69, 698.71.
2. FRIENDS' RESPONSIBILITY. Upon the City transferdng $69,698.71
to the Foundation, the City and the Friends hereby instruct the Trustee (and the
Trustee hereby acknowledges and agrees to such instructions) that these funds
(and the proceeds of and income therefrom, as invested from time to time by the
Trustee in accordance with the instructions of the Museum Director) shall be (a)
earmarked for Museum purposes, (b) maintained and accounted for as a
separate fund (the "Special Purpose Fund") according to the provisions of
Section 3 of Article VI of the First Amended Declaration of Trust, and (c)
exclusively spent for the Museum purposes, in accordance with the
instructions of the Museum Director.
2.1. The City and the Friends further hereby instruct the Trustee (and the
Trustee hereby acknowledges and agrees to such instructions) that income on
the principal amount of $69,698.71, and the proceeds therefrom as invested from
time to time as provided above, shall be retained in the Special Purpose Fund,
pending disposition by, upon and in accord with instructions from time to time
from the Museum Director.
3. TERM. This Agreement shall be for a term continuing until all
balances in the Special Purpose Fund are spent as provided under this
Agreement, or until the dissolution or termination of the Fdends and/or the
Foundation, unless sooner terminated as herein below provided. Upon any
termination of the Foundation, the Fdends or of the Agreement, any entire
remaining balance of the Special Purpose Fund shall be remitted by the Trustee
in accordance with the City's instructions, in lieu of any other disposition under
the Foundation's governing documents.
4. MODIFICATION/AMENDMENT. This Agreement may be
amended in wdting by agreement of the Parties.
5. TERMINATION. If the Friends the Trustee do not comply with the
provisions of this Agreement, by failing to disburse any funds from the Special
Purpose Fund for Museum purposes upon and in accord with the instructions
from the Museum Director, the City may terminate this Agreement immediately
upon receipt o[ written notice by the City to the Fdends or the Trustee, This
Agreement may also be terminated by any Party upon ninety (90) days written
notice or by mutual agreement of the Parties
Within 30 days of receipt of wdtten notice of termination by the City for any
reason and in accord with the instructions of the Museum Director or the City
Manager, the City and the Friends instruct the Trustee (and the Trustee hereby
acknowledges and agrees to such instructions) to remit to the City of the entire
balance remaining in the Special Purpose Fund.
6. NOTICE. For purposes of wdtten notification, all wdtten notices to the
Parties she[[ be addressed as [ollows:
City of Corpus Christi
Corpus Christi Museum of Science & History
Attn: Director
1900 N. Chaparral
Corpus Christi, Texas 78401
Fdends of the Corpus Christi Museum of Science and History
Attn: President
1900 N. Chaparral
Corpus Christi, Texas 78401
Wells Fargo Bank, N.A.
Attn: Trust Manager
615 Upper North Broadway
Corpus Christi, TX 78401
AGREED TO BY:
CITY OF CORPUS CHRISTI
BY:
DATE:
George"Skip" Noe
Ci~ Manager
A'I-I'EST:
FRIENDS OF THE CORPUS CHRISTI
MUSEUM OF SCIENCE AND HISTORY
Robed Fox
President
DATE: 7 '"2/-d'y
Armando Chapa,
City Secretary
APPROVED THIS ~,7~/¢¢- DAY OF L,,~(~,
BY
)'~'l~"t'Mary Fay Fi"s'cher, City Attorney
WELLS FARGO BANK, N.A.
Senior Vice President and lrust Manager
Date:
,2004
10
CITY COUNCIL
AGENDA MEMORANDUM
July 27, 2004
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve-
month software maintenance agreement with Vista Solutions Group of Round Rock, Texas
in an amount not to exceed $26,208. Included in the maintenance agreement are the
VisiFIow applications utilized by the Municipal Court, Finance, and Engineering
Departments for electronic document archival and work flow routing. This vendor qualifies
as sole source support as they are the only vendor who maintains an interface between
the Municipal Court Systems CSl and VisiFIow.
ISSUE: Sol,rare must be maintained to allow for upgrades, improvements and to ensure
that is stays compatible with other systems. Vista SG, Inc. provided a quote for annual
maintenance from August 1,2004 through July 31, 2005 of the City of Corpus Chdsti's
VisiFIow applications, vista Solutions Group, Inc. is the sole provider of the interface that
connects the CSl application data with the archived images in VlsiFIow.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures
over $25,000.
PREVIOUS COUNCIL ACTION: City Council authorized purchase of the VisiFIow
application in March of 1998. No action has been necessary since then.
FUNDING:
Amount Budgeted
Source of Funds
~26,208
5210-40495-530230
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Attachments:
Ogilvie F. Gedcke, P.E.
Director of MIS
Exhibit A - Invoice # 06300401
Exhibit B - Invoice # 06300403
Exhibit C - VISTA SG AGREEMENT FOR SOFTWARE & SERVICES
BACKGROUND INFORMATION
The Municipal Court received permission from the Texas State Library and Archives
Commission to store all Court data electronically. VisiFIow is the application that is used
to do this. Vista Solutions Group who maintains the system for us also created an
interface between the VisiFIow database and the CSI program. This allows any employee
at the Municipal Court to have access to all data relating to a defendant at the touch of a
button rather than trying to gather data from a couple of different locations when assisting
a citizen.
As a result of the improved efficiency at the Municipal Court the system is now being
deployed city wide. Engineering has converted from their Laserfische system to VisiFIow
and the Water Department will soon follow. The significance of this program is that it
allows for the electronic routing of files whereby eliminating lest paperwork. Although, the
maintenance fees for the application have slightly increased as a result of deployment we
expect to see a substantial cost savings on licensing of the product as it is distributed city
wide along with the ability to eliminate many paper processes. The ultimate goal is to
provide intemet a_ _~'ess to the public for ratdeval of data on their own whereby eliminating
some of the cests associated with open records requests.
Simplify Your /ork...Fl O IX/
Remtt to:
VlsIa $o~uUor~ Group, Inc
P-O. Bo][ B37
Rom~:l Rock, Texas 7B6~0-0937
Phone 612-2~7-1821
Fax $12-267-1892
Bill to:
c~ o~ Corpus ChdsU
12O N. Chapar~l
CmT~ C hrlstl, '1'X 76,401
Attn: St~an Allm'
D~SCRJP13ON
V'~"LO',N S~ltwam Support startk~ August 1, 20~4
fi'm:m~h J~y 31, 2005 fo~ ~ C. Ry M4mlc~p~ C43~1 ~
be~k~g Au~m~ 1,2OO4 U-m3~gh du~y 31, 2005 k)r the CAty
Invoice
Date: J~me 30, 2004
Irwok~ 0~1
uid~ P~
$15,800.00
SZ,O00.O0
$17,800.00
Bill
Ctty of CoqMus Chr~
120 N. ~1
2nd Flo~
Cot'pu~
Text
SoltwJ~ lupl~-[ mid rna/lllmVilx~ r~m A~,~J~ 1, 2004 b~ J,~y 31,
Invoice
Total.
VISTA SOLUTIONS GROUP, INC. AGREEMENT FOR SOF'I'WARE & SERVICES
This Master Agreement, effec'dve as of August 1, 2004, is entered Into by and between Vista Solutions
Group, Inc ('VisteSG') and The Cily of Corpus Christi (Ihe 'Customer") located at 120 N Chaparral,
Corpus Christi, Texas, 78401. ViStaSG and Customer hereby agree as follows:
This "Agreement" consists of the General Terms and Conditions, those Attachments listed below which
are designated by Customer's initials (the "Atfachmenis'3, all schedules referenced herein or therein,
and alt attachments attached hereto or thereto_ Ali references to "Agreement" shall include this
signature page, the General Terms and Conditions and all such Attachments, schedules and exhibits
which are indicated below. All future orders from Customer or any of its Affiliates to VIstaSG shall be
governed by the terms and conditions referenced herein, shall become effeci~ve upon acceptanc~ by
an authorized VistaSG employee and shall upon acceptance be deemed part of this Agreement.
Attachments
General Terms and Conditions
Sofhvare Support (Schedule A)
Profess~onaJ Services Attachment
(Schedute B)
Customer's InlflaL~
This Agreement constitutes the enlJre agreement be'ween the parties on the subject hereof and
supemedes all prior or contemporaneous agreements, negotiations, representations and proposals,
written or oral. This Agreement does not operate as an acceptance of any conflic~ng terms and
concrrfione and el'tell prevail over any conflicting provimon of any purchase order or any other
instrument of Customer. This Agreement may only be amended, modified, supplemented, or deviated
from by a wfitJng executed by an authorized VistaSG employee and Customer_ By execulJng this
Agreeme~tt~ Customer at,knowledges tt~at it has reviewed the terms and conclit[ons Incorporated Into
this Agreement and agrees to be legally bound by the same.
H. Jim Boyh~3tonUJr
'l-~de: President
Date: July 13, 2004
City of Coq~us Chr~ti, Texas
By:
(Type or print name):
Title:
Date:
General Terms and Conditions
Generat. These General Tan-ns and Conditions are intended to provide for terms th~ ere
common to the Software Support Attachment, the Professional Services Attachment, and any
other attachments and schedules which incorporate these terms and conditions. Accordingly, in
the case of any conflict belween the General Terms and Conditions and any Attachment or
schedule, the General Terms and Conditions shall control and govern, unless otherwise expressly
stated to the contrary.
Warranty.
Software Warranty: The Customer has ordered Software and a Software License Attachment has
been executed. E_xigen Group, es the developer of V~siFLOW, warrants that the Software and
media w~ll perform substantially in accordance with documenta, t~on for a p~'lod of rtlnety (90) days
from the delivery of the Software and media to Customer. Neither Exigen nor V'm-'taSG warrants
the Software to be error-free or operate without interruption_ CustomeCs exclusive remedy for
breach of this warranty shall be to notify VistaSG of the probJem, in which event VistaSG shall, as
authorized contractor for E~gan, repair or replace the defective Software. Exlgen, as developer of
VisIFLOW, v~ll provide the replacement Software to remedy the breach of warranty.
Service,, Warranty: Il~ the Customer has ordered Professional Se~'vices and the Prol"eseional
Services Attachment has been executed, VistaSG warrants that Services provided under this
Agreemen!. w~ll be performed in a professional and competent manner in conformance with industry
~tandards. Customer must report in v,'dting any deficiencies within thirty (30) days of perforr~ance
of the Services. For any breach et this Services Warranly. Customer's exclusive remedy and
V'~staSG's sole liability shall be re-performance et the Services. If V-~st~SG is unable to re-perfo~rn
the Services, Customer shall be entitled to recover fees pald for the deficient
Disclaimer of Warranties. VlSTASG MAKES NO OTHER REPRESENTATION OR WARRANTY
OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF FIT'NESS FOR PARTICULAR PURPOSES OR
REQUIREMENTS OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES, SOFTWARE
OR ANY PORT]ON THEREOF.
Limitations of Liability. F__XCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH
SECTION 2, OR AS EXPRESSLY REQUIRED BY LAW AND NOT VALIDLY DISCLAIMED IN
THIS AGREEMENT, VISTASG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CLAIMED
TO HAVE RESULTED FROM THE USE, OPERATION OR PERFORMANCE OF THE SOFTWARE,
THE MAINTENANCE SERVICES, THE PROFESSIONAL SER'v3CES. AND ANY OTHER
PRODUCTS OR SERVICES PROVIDED IN THIS AGREEMENT (COLLECTIVELY IN THIS
AGREEMENT. THE "PRODUCTS"), REGARDLESS OF THE FORM OF ACTION. IN NO EVENT
SHALL V]STASG BE LIABLE TO CUSTOMER FOR (Al ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, EVEN IF VISTASG HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF, (B) ANY DAMAGES RESULTING FROM LATENT DEFECTS, LOSS OF
DATA OR PROFITS, (C) ANY CLAIM WHETHER IN CONTRACT OR TORT, THAT AROSE MORE
THAN ONE YEAR PRIOR TO INSTITUTION OF SUIT THEREON. OR (D) ANY ACTUAL
DAMAGES (EXCEPT DAMAGES RESULTING FROM GROSS NEGLIGENCE OR INTENTIONAL
MISCONDUCT) IN EXCESS OF THE FEES PAID BY CUSTOMER UNDER THE RELEVANT
ORDER AND IF SUCH DAMAGES RESULT FROM CUSTOMER'S USE OF THE SOFTWARE OR
THE PROVISION OF SERVICES, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE
RELEVANT SOFTWARE OR SERVICES GIVING RISE TO THE LIABILITY.
CUSTOMER AGREES THAT NO REPRESENTATION, WARRANTY, PROMISE OR AGREEMENT
OF ANY VISTASG REPRESENTATIV~ SHALL BE BINDING ON VISTASG UNLESS IT IS
EXPRESSLY INCLUDED IN THIS AGREEMENT. EACH PARTY AGREES THAT THE
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS IN THIS AGREEMENT ARE
MATERIAL BARGAINED FOR BASES AND WERE CONSIDERED PRIOR TO ENTERING INTO
THIS AGREEMENT. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS
BETWEEN VISTASG AND CUSTOMER. VISTASG'S PRICING REFLECTS THIS ALLOCATION
OF RISKAND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.
The DISCLAIMER OF WARRANTIES and UMITATION OF LIABILITY set forth above produce
specific legal dghts_ Customer may have other rights which vary from state to state. Some states
have laws which require warranb' and liability rights different from those set forth In this Agreement.
S. Payment Terms. Unless otherwise expressly set [orth in an Attachment executed by both parties,
all amounts shall be paid within thirty (30) days of receipt of invoice. VistaSG may charge interest
on overdue accounts and any other fees and expenses not paid as provided hereunder at the rate
Ct three PERCEN'r (3%) per month or maximum allew~d by Texas law aqalnst municipalities,
whichever is less. commencing with the date payment was due.
6. Tel'mlnafloa. Not~M~lstanding any other term or cor~ition Ct this Agreement, V-~,aSG shall have
the right to terminate this Agreement upon the occurrence of any of the following events, and any
such events are not remedied to the reasonable satisfaction of VistaSG within twenty (20) days
after V~staSG has sent written notice to Customer thereof: IA) Customer falls to perform or
observe any of its obligations to VistaSG under this Agreement, thciuding, but not limited to, the
timely payment of any sums due VIstaSG, (El) Customer admits in writing its inability to pay its
debts generally as they become dUe, or executes an assignment or similar document for the benefit
of o'ed'rtors, (C) the appointment of a receiver, trustee in bankruptcy or similar officer for the equity
or assets of Customer, and ID) there Is an assignment of ~ Agreement ~[hout the prior written
consent ct V'~taSG; (E) Customer Informs VIstaSG ct its intent not to comply with the terms of this
Agreement.
Customer shall have I~e riqhl to lermi~ate Ibis Aamemenl wffh or without ~ause upon 30 days pdor w~il[~n
nolJce to V'~mSG.
7. Confidential Infom'~fion. Certain information, product developmenl plans, methods, techniques,
drawings, processes, or portions thereof supplied by one party (the 'Disclosing Party') are trade
secrets and Conl~dent~al Information ~ConfldentJal Information') of the Disclosing Party. The
Software and the documentation thereot, is the Confu~er~tiaI Information of V]staSG or its suppliers
and are furnished solely to ass~sl Customer in the use ct the Software. Con[idenfial Information
Inaludes any non-public Information that is of value to the Disclosing Party or is otherwise frealed
as confidential and which Is disclosed to the other party (fl'~ 'Receiving Party'). The Receiving
Party agrees to hold the Confidanti~l Information disc[esed by the Disclosing Party in strictest
confidence and not to, diraclly or indirec~y, copy, distribute, or otherwise disclose the Confidential
Information to any third party, unless re(~uired by the Texas Public InformaHon Act. The Receiving
Party shall not ut~ize the Confidential information for any purpose whatsoever other than as
expressly contemplated by this Agreement or any Attachment. This obligation shall continue for
the term of the applicable Attachment and for a period of three years thereafter or such longer
pedod of time as permitted by law. Because ct the unique and proprietary nature of Conf'~enflal
Information, the Receiving Party acimowledges thai use or disclosure of Confidential Information
would cause irreparable harm to the Disclosing Party. Accordingty, the panes agree that in such
an evenl, any remedies at law for a breach will be inadequate and there[ore, the Disclosing Party
shall be entitled to seek equitable mile[ to protect its Interests, as well as money damages.
8. Miscellaneous.
· Neither party C ......... may ,"~-'t, assign any of its rights or obligations hereunder excapt with
..... ~ prior written consent of the other path', and any attempted assignment shall be void.
This Agreement shall be binding upon and shall inure to the be~e~t of the parties hereto and their
respective successors and permitted assigns.
· Any Sorvlcoc aoqulrod by Cuctomor from VistaSG are doomed to have boon bid and acquired
coparntely from any SoEwaro licencec granted under thi.~ Agreement, wffh Cuctomcr having tho
right to aoquiro cuch Services and Softv,,aro liccnco~ without acquiring [ho other.
-- .~JI rights and re~-nedies of the parties hereto are separate and cumulative. The waiver or failure o!
either party to exercise In ,~ny respect any fight or remedy provided herein shall not be deemed a
waiver of any further right or remedy hereunder.
· Except for the obligation to make payments, nonperformance of either party shall be excused to the
extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or
restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control
and not caused by the negligence of the nonperforming party.
,,%ny action ,~ricing out of thlc ^groomont (~,ahothor in contra~t, warranty, or In tort) muct bo brough[
by Cuc, tomor within one yoor ',flor tho claim to which it rolatoc-. I~rot bocomo~ knovm (or roa~onobly
~hould have become known)_
· . This Agreement sf~ali be subject to, 9overrted by, and construed In accordance with the laws of the
state of Texas without regard to its rules governing conflicts of law and without regard to the United
NaUons Conventien on Contracts for the IntemafionaJ Sale of Goods. Venue [or any disla~te shall
be the courts of Nueces Count,/, Texas.
Notices hereunder shall be sent to the addressees on the face of this Agreement, or to such other
addresses as specified by a notice complying h~'ewith, and shall be deemed received upon actual
receipt (or independent confirmation thereof).
Headings contained in this Agreement are for cenvenlence only and are not part of this Agreement
and do not In any way interpret, lime or amprdy the scope, extent or intent of this Agreement or any
of the provisions hereof.
In fl'~ event of any dispute adslng out of this Agreement, the prevaiJing pady shall be enEtifled to
reasenable attorneys' I=ees, costs and expenses_
Schedule A
Software Support Attachment
This Software Support Attachment (hereinafter "Support Attachment'3 between VistaSG and
Customer is sn addendum to the Master Agreement between VistaSG and Customer. Customer
agrees to the following terms and conditions which are incorporated in and made pert of the Master
Agreement. The parties acknowledge that the General Terms and Conditions contain prov~slons
that govern the entire relabonship between the parties. Accordingly, in the event of any conflict
betwee~ the General Terms and Conditions and this Support Attachment, the General Terms and
Conditions shall control and govern.
VistaSG agrees to provide to Customer the 'Support Sauces" described below for the software for
which soh'ware support services are elected (the "Covered Software"), in accordance with the following
terms and conditions:
1. Software Support Servloes.
A. Hours of Service Availability. Payment of the standard Support Fccc. (as defined in
Section 5J~) entitles Custemer to Supptxt Services during ~ Principal Period of
Maintenance (PPM). PPM Is 10 hours a day, five days · week while this Support
Attachment is In effect. The hours of Immediate availablllity are fi-om 7am CST to 5 pm
CST.
B. Scope of Service. VlstaSG Wi~ provide Support Services during ~ PPM ss long as the
Covered Software Is at the current or the next most cuner~t revision level and operated
in accordance with VIs~SG's published speclf'lc, atlons. Support Services are (1)
telephone support to help resolve soEware failures during the PPM; resolution may be
delivered as a Software Maintenance Update (SMU), software bug rtx module or
workarounds; (2) commercially reasonable efforts to report and test fixes to defects in
the Covered Software that materially and adversely affect the efficiency or use of the
Covered Software as described In VlstaSG's written specifications; software program
fixes will be provided for the current release only; and (3) delivery and installation of
software revisions provided by vendors that V-~-~SG deems necessa~ ~ respect to
the Cowmd Software; and VIstaS$ Will use its reasonable efforts to render Support
Sewices within a r~asonable time.
C. Upgrades to Covered Software. During the PPM, V'~teSG agrees to delh/er to
Customer Without charge any upgrades containing error corre~ons or enhancements el~
tho Covered Software ('Upgrades'). V'~taSG may also offer to Customer new versions
of the Cover~l Software which contain additional functionality, subject to an additional
license fee. Support Services do include inst~llation or Implementation of
Upgrades. This woutd not include {natalie§on and b-elning for newly purchased modules.
Service Limitations. Support Services are con.gent upon the proper use of the
covered Software in accordance wffh 'vqstaSG's publisl3ed specifications and do not
include any et the following, in the sole discretion or determination of V'[StaSG: (1)
service on Covered Software installed in unsafe or I'~:'~rdous environments; (2) sea/ice
required by accident, noglest, alterations, improper use, or misuse of the Covered
Software, or as necessitated by sauce or medications attempted by non-~tstaSG
personnel; (3) service to a version other than the currant or the r~x't most current
version of the Covered Software; (4) efforts to restore the software version and/or data
beyond [he rnost recent back-up; (5) serv~(~ related to software (or components thereo~
obher than the Covered Software; (6) service related to unqualified products, either
hardware or software, that are attached or installed in or to the Covered Software that
have not been previously approved by V~staSG; (7) serv~co due to problems that are not
directS/ c~used by, or the direct resuR of the Covered Software. including failure of
hardware or failura of Customer's operating system; or (8) service due to problems
attributable to third party hardware and/or software.
E. Not~4thstanding anything to the contrary contained in this Support Attachment, during
the PPM, V'~staSG shall uso commercially reasonable efforts [o respond to problems in
accordance with the "Priority Codes" set forth below. The Pdority Codes below depict
the priority level to be assigned by VistaSG to each issue or problem phoned in by
Customer.
"A Pn'or/b~' - ^ Software error renders the Software Inoperable. Resources assigned
within two (2) hours after notice during PPM.
"B Priorffv" - A Sottware error is detected for a system module which seriously impairs
system operalJons, but does not render it inoperable. Resources assigned within four
(4) hours after notice during PPM.
"C Prforffv" - Minor problems which VistaSG does not plan to address in a future
software release, to be generally resolved during PPM wi. thin 30 days.
"D Pr/orffv" - Minor probterns which "~staSG plans, or will plar~ to Incorporate into a
future software release, to be resolved [n connection wa~ the general commercial
availability of such future software release.
2. CustomeCa Responsibilities. Customer shaft provide reasonable assistance to V~staSG in the
performance of Support Services, Inc. tudlng v~thout limitation, prove, ding V'mtaSG copieS of all data
and other files reasonably recruited to verb/, reproduce, diagnose and resolve reported problems.
Customer is responsible for maintenance and Installation of any common carder equipment or
communication services related to or used by the Covered Software and not furnished by VIStaSG,
including without limitation the capIblfty for VistaSG to use Microsoft Live-Meeting for remote
access. Customer is responsible [or charges Incun'ed for communication facilities fi-om Customer's
facilities, whether incurred by Customer or by VistaSG's service representatives while performing
service on the Covered Software. Customer is responsible for performing all system software
backups and restoration of data. Customer is responsible for upgrading Customer's operating
environment in the event that failure to do so affects the performance of the Software. Customer
shall notify VistaSG of any Covered Soft~vare failure and shaft allow V]staSG full and flee access to
the Covered Software for performing Support Services. C~atomer agrees that VistaS(~ shall have
all rights and licenses of third par'des necessary or appropriate for V~St. aSG to access the hardware
and third parbj software in the performarme of the Support Services. VistaaG shall not be
responsible for loss of use arising from Customer's failure to fuffil its obligations under this Section.
3. Alterations, Additions or Modifications. V~staSG will not be responsible to Customer for loss of
use of the Covered Software or for any other liabilities arising from alterations, add,lions or
modifications which are made to the Covered Software by other than authorized sorvice
representatives of VistaSG. If in the opinion of V'~-taaG, any such alteration, add~tion or
modhfication adversely affects VlstaSG's ability to render Support Services, V'mtaSG reserves the
right to terminate this Support Attachment immediately upon written notice to Customer.
4 Term and Applicability to Other Attachments with VistaSG If this Support Attachment first
goes into effect at any time other than its initial purchase, the Initial term shall commence on the
date of signing of this Support Attachment. The term of service for upgrades and other software
added as Covered Software shall be coterminous with the term of servlco applicable to the Covered
Software initially covered.
A~er the initial term, Support Services shall be automatically renewed for successive one (1) year
periods unless either party notifies the other on or before ninety (90) days prior to the end of the
then existing term. Notwlthatandinq the precedinll sentence, Customer may terminate this
agreement with or without cause, upon 30 days prior written notice.
Support Fees
A. Definition. "Support Fees" are the total annual charges designated as such on
Schedule A during the in,al term. Support Fees cover Support Services performed at
VistaSG's facilities. Expenses for onsite malntenanc~ w~ll be billed separately from
annual fe~. A~tef the Initial term and upon forty-five (45) days written notice, VlstaSG
may Increase the Support Fees by 3% or to its standard supp<3r[ fees then [n effec~ If
Customer does not terminate service, the new Support Fees shall become effective on
the date spectf~d In the notice.
B. Invoices. Support Fees shall first come due upon the commencement of the in/rial term
as provided in Section 4 above. Support Fees for renewal terms shall be payable
annually in U.S. Dollars, in advance on or before the anniversary of the Software
Support Agreement of each year. One-time charges writ be invoiced by VistaSG as
incurred. Partial year Invoicing will be prorated on the basis of twelve thirty-day (30-day)
months Customer shall pay each Support Fee and all other Invoice charges in full
within thirty (30) days of the applicable invoice date.
C. Default Customer shall be deemed to have defaulted In payment If it has not paid
VistaSG all amounts due within thirty (30) days after rec=alpt of each applicable Invoice.
Customers failure to pay any charges when due shall also constitute sufficient cause for
VistaSG to suspend or terminate Support Services under this Agreement.
~u~ ~ u~ u~:~p Steven J. Ha~ve~ 51~-~67-169~
Schedule B
Professional Services Attachment
This Professional Services Attachment, be[ween V~staSG and Customer is an addendum to the
Master Agreement between VistaSG and Customer Customer agree~ to the following terms and
condiBons which are inserperated in and made a part of the Master Agreement. The parties
acknowledge ~hat the General Terms and Conditions contain provisions that govern the entire
relationship between the parties. Accordingly, in the event el' any conflict between the General
Terms and Conditions and this Services Attachment, the General Terrns and Conditions shall
control and govern.
1. Services
A. Prior to commencing any Services, the Customer and V'~-taSG must agree to and execute a
Statement of Work. Each time Customer desires to engage V'mtaSG to provide additional
Professtonal Services to Customer, the parties will enter into another mutually agreed upon
Statement of Work which is incorporated into the initial Statement of Work. The Statement
Work (as amended or supt~lernented from time to time) will at a mlnlmum: (I) describe
specific Professional Services that V'~-ffaSG is to provide to Customer under that engagement,
(i~ set forth ~ fees that Customer agrees to 13ay for those Professional Servi_c~ and the
manner in which Customer agrees to pay those fees, (111) set forth the time flame for
performance of those Professional Services, and (~v) inoorporate by reference the terms and
conditions of this Services Attachment (which terms and conditions are hereby deemed
Incorporated notwithstanding the parties' failure to do so).
B. Hours of ,~ervice: The V~staSG consultant will perform Professional Services during the hours
of 9:00 am and 5:00 pm., local time, Monday through Friday, excluding VistaSG holidays, or at
such other hours as the parties may mutually agree to. This represents a different Hours of
Service than the Hours of immediate assistance provided by the VistaSG Help Desk.
C. Should an VistaSG consultant be unable to perform the Professional Services under this
Servlc:es Attachment because of illness, resignation or o~er causes beyond VistaS(-~'s control,
VistaSG will attempt to replace such consultant within a reasonable time, but V'~taSG shall not
be liable for failure to replace such consultant within the schedule.
D. Customer shall furnish ~qstaSG, at Customer's exp~nse, all technical data and Information as
may be determined by V-~aSG to be necessary for the performance of the Professional
Se*-vicos_ Customer shall grant VistaSG access to any software or hardware at such times and
as SO conf~Jured as may be required for the adequate performance of the Professlenal
Services Customer agrees that VistaSG shall have all rights and licenses of third parties
necessary or appropriate for VistaSG to a~ any hardware and software In the performance
of the Profe_~ional Services. Customer agrees that any hardware or software that the
customer uses can also be used by VistaSG at customers expense_
2.. Charges. Customer agrees to pay fees for the Services as provided on the Statement of Work
when approved in wntinq by the Comus Christi Director of Municipal Information Services, or
designee. The Services are provided on a time and materials basis meaning that Customer shall
pay V~staSG for all time spent performing the Services, plus materials, taxes and expenses. Any
estimate related to the Services are intended to be an estimate for budgetary and scheduling
purposes only and does not include expenses or taxes. Fixed bid services are exempt from the
above terms. All charges and rates are exclusive ol~ all s~les, use and like taxes.
Such taxes are the responsibility of Customer and, if incurred by V'~taSG on Customer's behalf, will
be billed to Customer as a separate line item on each invoice.
3. Control and Supervision. It is the express intention of the parties that VistaSG (including, but not
limited to, its employees and representatives) is an Independent contractor and not an employee,
agent, or partner ol~ Customer. Nothing in this Agreement shall be interpreted as creating the
relationship of employer and employee between VistaSG and Customer.
4. Ownership ol~ Work Product. VistaSG shall retain all copyrights, patent fights and other
intellectual property fights to all material created for Customer under this Services Attachment,
ir~Juding, but not limi[ed to, soF[ware and docurne~tat, ion (collectively referred to as 'Work
Product'). VistaSG, subject to the payment by Customer of all charges related to the Professional
Services, grants to Customer a personal, non-exclusive, non-transferable and royalty flee license
to use such Work Product furnished to Customer by VisIaSG under this Sen/ices Attachment. AIl
other software and related documentation fumished to Customer by ¥-IstaSG shall be subject to the
Agreement. Except and to the extent expressly provided in this Paragraph, no license or other fight
is hereby b-ansferred or granted to Customer, ineludlng any license by implication, estoppel or
o[herwise, under any patent, trade secret, trademark, copyright or of)her intellectual property dght.
5. VistaSG Personnel. The parties recognize that V'~.aSG (and its employees and repr_,~.~ntat~ves)
may perform services similar to the Prof,~--~ional services fTom time to time for other parties.
^coordthgly, nothing in this Services Attachment (or the Agreement) shall prevent VlstaSG from
performing such similar services or resfl'ict V]staSG's use of the same employee(s) and
representative(s) provided to Customer_ ViataSG reserves the sole right to determine each
assignment of V-~'IaSG pemonnel under this Agreement or othen~se. Customer acknowledges
and agrees that VlstaSG employees are a valuable asset and ditT3o, dt to replace_ Accordingly,
Customer agr~ that, for a period of one year affor ~ completion of the Service~, It will not offer
employment to any ~r~--taSG employee involved in the provision of the
6. Term. This Services Attachment shall beco~e effec~e on the date of acceptance by VistaSG and
shall remain In force until terminated with thirty (30) days pdor written no~ce. Compiefion of any
Services. any ordered Services or the absence of orders for Services shall not terminate this
Services Attachment, it being the intent of the parties to keep this Services Attachment in effect in
the event of hJture orders for Services.
11
CITY COUNCIL
AGENDA MEMORANDUM
SUBJECT:
Texas A & M University - Corpus Chdsti
University Beach Park (Project No. 3246)
AMENDMENT NO. 1
DATE: July 27, 2004
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract For Professional Services with Shiner, Moseley &
Associates, Inc. in the amount of $36,900, for a total restated fee of $53,100 for the
University Beach Park Project.
ISSUE: The proposed Amendment No. 1 is necessary to prepare construction plans,
specifications, bid and contract documents for the University Beach Park Project. The total
fee of $36,900 exceeds the $25,000 contract limit; and requires City Council approval.
FUNDING: Funding is available from the FY 2003-2004 Capital Improvement Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
/
Assistant City Manager of
Development Services
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Location Map
Exhibit "C" Contract Summary
BACKGROUND INFORMATION
SUBJECT:
Texas A & M University - Corpus Chdsti
University Beach Park (Project No. 3246)
AMENDMENT NO. I
PRIOR COUNCIL ACTION:
1. February 11,2003 - Motion authorizing the City Manager or his designee to execute
all documents necessary to accept a grant of $60,000 (Contract fl03-021 ) from the
Texas General Land Office (GLO) to develop engineering plans and specifications
for public access to the University Madna Beach Park located on Ocean Ddve
adjacent to Texas A&M University~orpus Chdsti and to conduct beach surveys to
monitor the beach under the second phase of the project (Motion No. M2003-059).
2 February 11. 2003 - Ordinance appropriating $60,000 from the Texas General Land
Office in the No. 1050 Federal/State Grant fund to develop engineering plans and
specifications for public access to the University Marina Beach Park located on
Ocean Ddve adjacent to Texas A&M University-Corpus Chdsti and to conduct
beach surveys to monitor the beach under the second phase of the project; and
declaring an emergency (Ordinance No. 025191 ).
3. January 13, 2004 - Ordinance appropriating $15,000 from Texas A & M University-
Corpus Chdsti into Fund No. 1071 Community Enrichment Grants Fund as a portion
of the local match for the University Beach Park Access Improvements project; and
declaring an emergency (Ordinance No. 025607).
4. January 13, 2004 - Resolution approving an Intedocal Governmental Agreement
with Texas A & M University-Corpus Chdsti to provide a portion ($25,000) of the
local match per GLO Contract 03-021 for the University Marina Beach Park Project,
Phase 2 located on Ocean Ddve, consisting of in-kind services to:
· perform beach surveys;
· monitor the beach; and
· conduct sediment grain size analysis.
5. January 14, 2004 - Resolution authorizing the City Manager, or his designee, to
execute an Intedocal Governmental Agreement with Texas A&M University--
Corpus Christi to provide a portion ($25,000) of the local match required per GLO
Contract 03-021 which consist of in-kind services to perform beach surveys, monitor
the beach and to conduct sediment grain size analysis as part of the University
Madna Beach Park Project located on Ocean Ddve (Resolution No. 025608).
PRIOR ADMINISTRATIVE ACTION:
1. February 13, 2004 - Executed Small Consultant Agreement with Shiner, Moseley &
Associates, Inc. in the amount of $16,200 for the University Beach Park Project.
IEXHIBIT "A"
Page I of 3 I
BACKGROUND: On February 11,2003, the City of Corpus ChdstJ accepted a grant from
the Texas General Land Office in the amount of $60,000 for the second phase of the
University Madna Beach Park Project. These funds were designated to develop
engineering plans and specification for improvements to the University Madna Beach Park
to include public access and other amenities to the madna beach park located on Ocean
Ddve adjacent to Texas A&M University - Corpus Christi.
The GLO Coastal Erosion Planning and Response Act program funded the first phase of
the University Marina Beach Park Project (UMBP). The first phase replaced a 1,200 -foot
long section of Corpus Chdsti Bay Shoreline. The project included the placement of sandy
fill matedal to establish a beach and placement of two terminal groins and three detached
breakwaters to stabilize the beach. The beach design is 1,200 feet long by 150 feet wide
and stretches along the shoreline across from Texas A&M - Corpus Chdsti campus, joining
the existing hike and bike natural trail. The beach will create a wonder[ul recreational
environment as well as facilitate and 3romote environmental and coastal education and
research.
The second phase of engineering services included an overall topographical survey of the
14-acre site and Conceptual Master Plan for improvements to the Beach. The general
components of the Conceptual Master Plan include providing ADA accessibility to the
Beach, a small bath and shower house, and related water, sanitary sewer and parking
facilities.
Shiner Moseley and Associates, Inc. was contracted to complete the design work of the
second phase, the Conceptual Master Plan for the University Madna Beach Park Public
Access Improvements. The GLO grant issued to the City amounts to $60,000; and the
balance of funds remaining to be expended is $39,900. This balance of funds must be
spent by December 3'1, 2004. A contract time extension has been requested and
approved by the GLO. The request for a time extension was approved as of July 1,2004.
AMENDMENT NO. '1: The third phase of engineering services is this proposed
Amendment No. 1 in the amount of $36,900. It includes engineering services to prepare
construction plans and specifications with related opinions of probable costs for a segment
of the public access as outlined in the Conceptual Master Plan. It includes tied concrete
sidewalk and timber boardwalk on the north side of Spur 3. along with a bollard to control
traffic and some slope stabilization next to the side walk. The project design includes four
(4) Additive Altemates as follows:
· Additive Altemate No. 1 - a concrete pad at the base of the boardwalk
· Additive Alternate No. 2 - 10-inch steel pipe casing to be bored under Spur 3
· Additive Alternate No. 3 - water service line in the casing to serve a shower head,
hose bib, and drinking fountain by the concrete pad
· Additive Alternate No. 4 - sidewalk on the south side of Spur 3 at Sand Dollar
Boulevard connecting the existing crosswalk to the existing Hike and Bike Trail
IEXHIBIT "A" I
Page 2 of 3
The total construction phase as outlined is estimated to be approximately $200,000.
Funds for construction are currently not available and must be obtained in future GLO
grants. The obtainable GLO grants will dictate the amount of construction that can be
completed in a given year and is the justification for the additive altemates outlined.
IEXHIBIT "A" I
Page 3 of 3
\ Mproject \ councilexhibits \ exh $ 2 46.dwg
San Patricio County
NUECES BAY
N
CORPUS CHRISTI BAY
PROJECT
LOCATION
Nueces Coun~
LOCATION MAP
NOT TO SCALE
PROJECT # 3246
EXHZBZ T ' B"
TEXAS A & M UNIVERSITY-CORPUS
CHRISTI UNIVERSITY MARINA BEA CH
PARK PROJECT
CITY COUNCIL EXHIBIT ~
CiTY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of I
____----
DATE:07/27/2004 ~
CONTRACT SUMMARY
AMENDMENT NO. 1
University Beach Park Project
(Project No. 3246)
1. SCOPE OF PROJECT
Amendment No. 1 provides for engineering services to prepare construction plans and
specifications with related opinions of probable costs for a segment of the public access
as outlined in the Conceptual Master Plan. It includes tied concrete sidewalk and timber
boardwalk on the north side of Spur 3, along with a bollard to control traffic and some
slope stabilization next to the side walk. The project includes four (4) Additive
AItemates as follows:
· Additive Alternate No. I - a concrete pad at the base of the boardwalk
· Additive Altemate No. 2 - 10-inch steel pipe casing to be bored under Spur 3
· Additive Altemate No. 3 - water service line in the casing to serve a shower head,
hose bib, and ddnking fountain by the concrete pad
· Additive AJtemate No. 4 - sidewalk on the south side of Spur 3 at Sand Dollar
Boulevard connecting the existing crosswalk to the existing Hike and Bike Trail
The total construction phase as outlined is estimated to be $193,292. The obtainable
GLO grants will dictate the amount of construction that can be completed in a given year
and is the justification for the additive altemates outlined.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,
Engineer will provide monthly status updates (project progress or delays, gantt charts
presented with monthly invoices) and provide contract administration services to complete
the Project. Work will not begin on Additional Services until requested by the Engineer
(provide breakdown of costs, schedules), and written authorization is provided by the
Director of Engineering Services.
PROJECT SCHEDULE
DAY
Monday
Fdday
Friday
Fdday
Monday (2)
Wednesday
Wednesday
Monday
Weekday
DATE
August 2. 2004
October 8, 2004
November 5, 2004
December 10, 2004
Dependent of Funding
2 Weeks from Advertise
3 Weeks from Advertise
7 Weeks from Advertise
Dependent on Scope
ACTIVITY
Begin Design Phase
60% Submittal
City Review
Final Submittal
Advertise for Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
I EXHIBIT "C"
Page 1 of 2
FEES
ORIGINAL CONTRACT - February 13, 2004
Topographical Survey of 14-acre University Beach
Park Site and Conceptual Master Plan
$16,200.00
AMENDMENT NO. 1
Fee for Basic Services
1. Preliminary Phase
2. Design Phase
3. Bid Phase
4. Construction Phase
Subtotal Basic Services Fees
$0.00
31,510.00
0.00
0.00
31,510.00
Fee for Additional Services (Allowance)
1. Permit Preparation · TXDOT
· NPDES PermitJAmendments
· TX Dept. of Licensing and Regulation
Total Permitting
2. ROW Acquisition Survey (AUTHORIZED)
3. Topographic Survey (AUTHORIZED)
4. Environmental Assessments
5. Construction Observation Services
6. Start-up Services
7. Warranty Phase
8. Provide SCADA Documentation
9. TAMU - CC Coordination
10. Boardwalk footprint staking for debds check and
related geotech coordination
Sub-Total Additional Services Fees Authorized
Total Authorized Fee of Amendment No. '1
675.00
1,800.00
890.00
3,365.00
N~
N~
N~
N~
N~
N~
N~
875.00
1,150.00
5,390.00
$36,900.00
Total Authorized Fee (Original Contract and
Amendment No. 1)
$53,100.00
EXHIBIT "C" !
Page 2 of 2
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 27, 2004
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No.
16 to the Contract for Professional Services with Shiner Moseley and Associates of
Corpus Chdsti, Texas in the amount of $280,600 for the Major Storm Water Ouffall
project.
ISSUE:
This project will provide for design services necessary to complete structural repairs
to various manholes, pipe penetrations and cracks in approximately 13 miles of the
City's drainage structures.
FUNDING:
Funding for this amendment is available in the FY 03 - 04 Storm Water Capital
Improvement Program.
CONCLUSION AND RECOMMENDATION:
Approval of the motion is recommended to award an amendment and begin the
design phase of this project.
'~g'el R. Escobar, P. E.,
Director of Engineering Services
~/.Valede Gray, P.E.,
Director of Storm Water Services
Attachments:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Background
Contract Summary
Location Map
H:~HOME~YNDAS\GEN~SeawalEAmendmen[ No. 16~vlemo. DOC
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Major Storm Water Ouffall project.
PRIOR COUNCIL ACTION:
1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds
(M97-347);
2. March 24, 1998 -
· Motion authorizing the execution of a contract in the amount of $36,804 with Bracco
Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084);
· Motion to authorize award of a seawall condition assessment in amount of $386,000
to Shiner Moseley and Associates, Inc. (M98-085);
· Motion to authorize execution of a Contract for Geotechnical, Laboratory, and
Petrography Services related to the Seawall Investigation Project with Bacon
Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and
· Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive
Investigation Services for the Seawall Investigation Project with W_ G. Jaques
Company for a fee not to exceed $86,210 (M98-087).
3. May 29, 2001 -
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 5
for engineering services in the amount of $581,000 with Shiner Moseley and
Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and
Seawall Reconstruction Project B-1 (M2001-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical and
materials testing contract in an amount not to exceed $79,602 with Fugro South,
Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project
(contract A) and Seawall Reconstruction Project B-1 (M2001-209).
4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 for engineering services in the amount of $87,700 with Shiner
Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A)
and Seawall Reconstruction Project B-1 (M2002-022).
5. ApHI 30. 2002
· Motion authorizing the City Manager, or his designee, to execute a construction
contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the
Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-123).
· Motion authorizing the City Manager, or his designee, to execute an engineering
materials and construction contract with Fugro South in an amount not to exceed
$49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1
(M2002-124).
EXHIBIT "A"
Page I of 5
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 7
with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional
construction inspection and management services con[ract for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-125).
6. October 29, 2002
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 8
in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the
Seawall Reconstruction Project B-2 (Part A and Part B) - (M2002-360).
· Motion authorizing ~ne City Manager, or his designee, to execute a geotechnical
services contract in an amount not to exceed $126,820 with Fugro South, Inc
(M2002-361).
7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 9 in the amount of $84,748 Shiner Moseley and Associates, Inc. for
the Seawall Reconstruction Project (Blucher Arroyo Storm Water Drainage Structure
Condition Assessment.)
8. March 4.2003 - Motion authorizing the Acting City Manager, or his designee, to execute
Amendment No. 11 to the Engineering Services Contract with Shiner, Moseley &
Associates in the amount of $140,400 for the Seawall Reconstruction Project.
9. March 4, 2003 - Motion authorizing the Acting City Manager, or his designee, to award
Change Order No. 6 to Laughlin Environmental, Inc. of Houston, Texas, in the amount
of $167,785.00 for the Seawall Reconstruction Project.
t0. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 12 in the amount of $158,154 Shiner Mosetey and Associates, Inc. for
the Seawall Reconstruction Project.
! t. Auqust 26, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 14 in the amount of $1,856,000 Shiner Moseley and Associates, Inc.
for the Seawall Reconstruction Project.
]2. February 17, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 15 in the amount of $1,181,100 Shiner Moseley and Associates, inc.
for the Seawall Reconstruction Project.
PRIOR ADMINISTRATIVE ACTION:
1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to
Bacon Engineering, Inc. for Geetechnical, Laboratory, and Petrography Services
related to the Seawall Investigation Project;
2. Februarv 11. 1999 - Award of Amendment No. I (Backwater Levee Gate Report) in
amount of $14,350 of seawall condition assessment contract with Shiner Moseley
and Associates, Inc.;
3. Auqust 26, 1999 - Award of Amendment No_ 2 (Design of Backwater Levee Gate
Structures) in amount of $-0- (change of scope) of seawall condition assessment
contract with Shiner Moseley and Associates, Inc.;
4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures
Foundation and Railroad coordination) in amount of $14,350 of seawall condition
assessment contract with Shiner Moseley and Associates, Inc; and
5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures
Construction Phase) in amount of $13,330 of seawall condition assessment contract
EXHIBIT "A"
Page 2 of 5
with Shiner Moseley and Associates, Inc.
6. December 18, 2002 - Award of Amendment No. 10 (Connection Capacity and Dowel
Location Analysis) in amount of $13,000 of seawall condition assessment contract with
Shiner Moseley and Associates, Inc.
7. July 8, 2003 - Award of Amendment No. 13 in the amount of $24,950 for the seawall
condition assessment contract with Shiner Moseley and Associates, Inc.
FUTURE COUNCIL ACTION: Approval of construction contracts to complete additional
phases of this work.
PROJECT BACKGROUND: In October 2002, a section of the Blucher Arroyo Storm
Drainage Structure near Mesquite Street experienced a significant failure. In May of 2003,
two sinkholes occurred on Ocean Drive and Santa Fe Slreet. As a result, the City of
Corpus Chdsti took the following actions under the Seawall contract:
1. Amendments 9 and 11 were initiated to perform immediate assessment, design and
high pdority repairs to the Blucher box and the Ocean Drive and Santa Fe Street
drainage structures. The assessment and design was completed by Shiner
Moseley and the construction and repairs were awarded to Laughlin-Thyssen
through a change order to their existing contract for work in the area. This project
has been complete.
Amendment 12 was executed with Shiner Moseley and Associates to perform a
Condition Assessment of an additional eight of the Major Ouffalls in the downtown
area to determine the most serious repairs needed. The drainage structures
investigated through that amendment included:
1) Windsor Park Culvert
2) Gollihar Culvert
3) Alta Vista Arroyo Culvert
4) Kinney Street
5) Power Street
6) Louisiana Culvert
7) Brawner/Proctor culvert
8) Water Street Horseshoe
The assessment for approximately 13 miles of the City's drainage system was
completed in January 2004 and presented in six bound volumes. Generally, with
the exception of specific locations, the overall condition of the interior of the
structures ranged from good with no deterioration noted to fair with only minor
deteriorations of structural elements. However, there were some isolated areas in
poor to serious condition which affected structural elements and required attention
or close monitoring. These are the targeted repairs for Phase 1 design and
construction work.
EXHIBIT "A"
Page 3 of 5
PROJECT DESCRIPTION:
AMENDMENT NO. 16: This work was approved in the City's Fiscal Year 2003 - 2004
Storm Water Capital Improvement budget. Shiner Moseley and Associated is
recommended to complete the design with the construction to be bid in the
November/December 2004 timeframe. This amendment will provide design services,
project modifications, and construction administration assistance for:
· Study, vedfy and implement design recommendations for Major Outfall Repairs
Phase 1 outlined in the Engineers' report (Parts 1-6 of 6, City Project No. 3127),
which provides a Condition Assessment of approximately 13 miles of the City's
drainage structures,
· Crack Gauge installation and monitoring in the Gollihar and Brawoer/Procter
Culverts, and
· Blucher Arroyo Storm Water Drainage emergency repairs to the main cover
plate.
Areas revealing the need for additional work will be identified in this phase and if
necessary, further repairs can be done in Phase 2. This project is being closely
coordinated with the Downtown drainage and Lindale projects.
Location and Description
Windsor Park Culvert (0+00 to 1+00)
· Repair of wingwalls, headwalls, intedor of structure under
Ocean Drive (crack repairs), and placement of new scour
apron.
Alta Vista Culvert (0+00 to 1+40)
· Repair of wingwalls, headwalls, intedor of structure under
Ocean Drive (crack repairs), and placement of new scour
apron.
Kinney Street (Stations 1+50+ to 2+18)
· Repairs of joints, cracks, damaged areas of existing inlet
line. These repairs will only be done "upstream" of the new
interceptor, currenUy being designed by others.
· Structural repairs for ceiling of junction vault.
Louisiana Culvert (22+25, 38+35, 0+48 L)
· Repair of incoming stormwater lines near culvert interface.
These repairs are required due to fractured, settled, or
damaged lines_ Repairs to adjacent sidewalks, curbs, and
pavement will be required. Voids will be repaired with
excavation and lateral repairs.
Water Street (Stations 15+60 to 38+19)
· Repair of joints in area, breach in line, lateral line damage_
Voids will be repaired with excavation and lateral repairs.
EXHIBIT "A"
Page 4 of 5
Shiner, Moseley & Associates was chosen to perform this inspection because of their
previous experience with: · the seawall;
· Blucher Arroyo Storm Drainage Structure;
· Condition Assessment for the Major Ouffalls;
· Emergency repairs to sinkholes in the Brawner/Procter Culvert;
· Expertise with under water and confined entry spaces.
Due to the complex nature of this project, confined access requirements and safety issues,
skilled experienced divers will be necessary to perform the inspections in the submersed
sections of outfalls.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Page 5 of 5
CONTRACT SUMMARY
AMENDMENT NO. 16
MAJOR OUTFALL REPAIRS - PHASE I
The City of Corpus Chdsti, Texas hereinafter celled "City", and Shiner Mosele¥ &
Associates hereinafter celled "Engineer", agree to the following amendments to the
Contract for Engineering Services for the Seawall Reconstruction Project, as authorized
and amended by:
Odginal Contract March 24, 1998 Motion No. M98-085 $386,000
Amendment No. 1 February 11, 1999 Administrative Approval $14,350
Amendment No. 2 March 26, 1999 Administrative Approval -0-
Amendment No. 3 December 20, 1999 Administrative Approval $14,350
Amendment No. 4 March 27, 2000 Administrative Approval $13,330
Amendment No. 5 May 29, 2001 Motion No. M2001-208 $581,000
Amendment No. 6 January 15, 2002 Motion No. M2002-022 $87,700
Amendment No. 7 April 30, 3003 Motion No. M2002-125 $127,100
Amendment No. 8 October 29, 2002 Motion No. M2002-360 $2,214,900
Amendment No. 9 November 19, 2002 Motion No. M2002-383 $84,748
Amendment No. 10 December 18, 2002 Administrative Approval $13,000
Amendment No. 11 March 4, 2003 Motion No. M2003-091 $140,400
Amendment No. 12 June 24, 2003 Motion No. M2003-227 $158,154
Amendment No. 13 July 8, 2003 Administrative Approval $24,950
Amendment No. 14 August 26, 2003 Motion No. M2003-304 $1,856,000
Amendment No. 15 February 17, 2004 Motion No. M2004-063 $1,181,100
Section 1 - Scope of Project is amended by adding additional engineering, drafting,
surveying and construction administration for Major Ou~fall Repairs - Phase I.
The types of repairs that Phase I will address include: headwalls, wingwalls, isolated
structural repairs, damaged lateral lines that penetrate the outfall structures, holes,
joint and spall repairs, placement of new scour apron, and erosion protection. One bid
package will be prepared.
There are eight major structures/outfalls that need repairs, and are as follows: 1. Windsor Park Culvert
2. Gollihar Culvert
3. Alta Vista Culvert
4. Kinney Street Inlet Line and Pump Station Outfall
5. Power Street Pump Station Outfall
6. Louisiana Culvert
7. Brawner Proctor Culvert
8. Water Street Horseshoe
EXHIBIT "B"
Page 1 of 4
For this project, repairs will be made to structures (1), (3), (4), (6) and (8). Structures
(2) and (7) will have additional monitoring and analysis only at this time. Structure (5) is
not in need of repairs at this time.
The work defined hereinafter only relates to design and other engineering and surveying
services. Actual construction work will be performed by others. As with most
rehabilitation work, change orders are not uncommon due to encountered obstructions
or unanticipated site conditions. The major components will be as follows:
Section 2. BASIC SERVICES - Basic Services is amended by the addition of
the following:
Design of repairs that is programmed for Phase I work, as a minimum, is as follows:
Exhibit 1
ID#
1.
Location and Description
Windsor Park Culvert (0+00 to 1+00)
· Repair of wingwalls, headwalls, intedor of structure under
Ocean Ddve (crack repairs), and placement of new scour
apron.
Alta Vista Culvert (0+00 to 1 +40)
· Repair of wingwalls, headwalls, intedor of structure under
Ocean Ddve (crack repairs), and placement of new scour
apron.
Kinney Street (Stations 1+50+ to 2+18)
· Repairs of joints, cracks, damaged areas of existing inlet
line. These repairs will only be done "upstream" of the new
interceptor, currenUy being designed by others.
· Structural repairs for ceiling of junction vault.
Louisiana Culvert (22+25, 38+35, 0+48 L)
· Repair of incoming stormwater lines near culvert interface.
These repairs are required due to fractured, settled, or
damaged lines. Repairs to adjacent sidewalks, curbs, and
pavement will be required. Voids will be repaired with
excavation and lateral repairs.
Water Street (Stations 15+60 to 38+19)
· Repair of joints in area, breach in line, lateral line damage.
Voids will be repaired with excavation and lateral repairs_
EXHIBIT "B"
Page 2 of 4
Date
01 August 2004
15 September 2004
01 October 2004
08 October 2004
08 November 2004
24 November 2004
06 December 2004
21 December 2004
11 January 2005
26 January 2005
30 June 2005
TENTATIVE PROJECT SCHEDULE
Task
Begin Fieldwork, Design Phase and USACE permit exhibits
Submit USACE permit exhibits and noUflcation
60% Submittal
City Review
100% Submittal
City Review
Advertise for Bids
Open Bids
Contract Award
Issue NTP
Construction Completion. Note - The last crack gauge
monitoring data collection in the Brawner Proctor and Gollihar
Culverts will occur in October/November 2005.
3. Fees.
Fee for Basic Services. The City will pay the Engineer a fixed fee for providing
for "Basic Services" authorized in Section I(A) above, and for all expenses
incurred in performing these services.
The fees for Basic Services will not exceed those identified and will be full a total
compensation for all services outlined. For services provided in Section I(A),
Engineer will submit monthly statements for basic services rendered.), the
statement will be based upon Engineer's estimate (and City Concurrence) of the
proportion of the total services actually completed at the time of billing. City will
make prompt monthly payments in response to EngineeFs monthly statements.
B=
Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I(B) "Additional Services', the City will pay
the Engineer a fixed fee according to the table below in monthly progress
payments based on the engineer's estimate of percentage of completion.
EXHIBIT 'B"
Page 3 of 4
C. Summary of Fees
MAJOR OUTFALL REPAJRS - PHASE I
Fee for Basic Services
1. Design Phase .............................................................................................. $109,100
2. Bid Phase .......................................................................................................... 7,300
3. Construction Phase ......................................................................................... 14,000
Subtotal Basic Servlce~ Fees .................................................. $130,400
Fee for Additional Sen'Ices
1. Topographic, Hydrographic Surveys and interior fielclwoddmapping ................ 50,600
2. Installation of Crack Gauges and monitoring at Brawner Proctor and Gollihar
Culverts .......................................................................................................... 39,000
3. USACE Permitting (Alta Vista and Windsor Park Outfalls) ................................. 3,600
4. Construction Observation (6 months) ............................................................. 47,700
5. Blucher Arroyo emergency design sewi,.-e_~_ ....................................................... 9,300
Sub~3~l Addl'donal Services Fees ................ $1
Total Fee ...................................... $280,600
EXHIBIT 'B"
Page 4 of 4
File : \Mprojecg\councilexhibits\exh2206.dwg
mwm
N
CITY PROJECT No. 2206
LOCATION MAP
NOT TO SCALE
MAJOR STORM WA TER OUTFALLS
STRUCTURES REPAIRS
CITY OF CORPUS CHRISTi, TEXAS
EXHIBIT "C"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 ol= 1
DATE: 07-21-2004
13
AGENDA MEMORANDUM
City Council Action Date: July 27, 2004
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute a construction contract
with Rycon E & C, LLC of Kingsville, Texas in the amount of $272,870 for the Wastewater
Clean-Out Installation Program 2003-2004.
ISSUE: Residential sanitary service lines that do not have clean-outs must be broken into
by the Wastewater Department to clear stoppages. These service lines need to be
repaired to prevent debds and surface water from entedng the collection system, causing
line blockages and/or overloading of treatment plants dudng heavy rainfall events. This
project provides for the rapid installation of dean-outs as the need adses, as well as
installations in problem-prone neighborhoods before blockages occur.
FUNDING: Funds are available for this project through the FY 03-04 Wastewater Capital
Improvement Program budget.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
presented.
Foster Crowell
Director of Wastewater
Additional Sur~port Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit 'C" Bid Tab
Exhibit 'D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Wastewater Clean-Out Installation Program FY 2003-2004
(Project #7279)
PRIOR COUNCIL ACTION:
1. February 29, 2000 - Motion awarding a construction contract in the amount of
$79,500 to either Quality Machine & Equipment Company or Rycon Construction for
the FY 1999-2000 Wastewater Clean-Out Installation Program. The two firms
submitted identical bids. The successful bidder, Quality Machine & Equipment
Company, was chosen by the casting of lots (Motion No. M2000-065).
2. October 17, 2000 - Motion awarding a construction contract in the amount of
$93,916 to Quality Machine & Equipment Company for the FY 2000-2001
Wastewater Clean-Out Installation Program (Motion No. M2000-371).
3. Apdl 16, 2002 - Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $161,435 with Rycon E & C, LLC for the
Installation of Wastewater Clean-Outs FY 2001-2002 (Motion No. M2002-098).
4. ADdl 15, 2003 - Motion authorizing the Acting City Manager, or his designee, to
award a construction contract in the amount of $335,370 with Rycon E & C, LLC for
the Wastewater Clean-Out Installation Program FY 2002-2003.
BACKGROUND INFORMATION: The Wastewater Department assumes the responsibility
for all sanitary sewer lines within public rights-of-way and easements. When a blockage
occurs in a service line and there is no clean-out, the line must be exposed and broken into
to see if responsibility for the problem lies with the City or the property owner. Once the
blockage has been cleared, the broken pipe must be replaced and a clean-out installed.
Because many Corpus Chdsti homes were constructed before clean-outs were required in
the City's Plumbing Code, the Wastewater Department has ac.cum.ulated numerous work
orders for clean-outs.
PROJECT DESCRIPTION: The on-going annually bid project consists of the complete
installation of approximately 350 dean-outs which will include:
· Excavation of existing service lines;
· Removal of damaged pipe;
· Installation of new PVC dean-out assemblies;
· Replacing service lines from the clean-out to the bend or City main if required;
· Televising service lines to City main;
· Backfill;
· Site clean-up
IEXHIBIT "A" I
Page 1 of 2
BID INFORMATION: Bids were received on July 14, 2004 with two (2) bidders submitting
proposals. The bid proposal was set up with a Base Bid only. The bids range from
$272,870 to $378,830, with Rycon E & C, LLC submitting the Iow Bid.
Rycon E & C, LLC of Kingsville, Texas has satisfactorily performed work for the City on
other contracts, including Wastewater Clean-Out Installation Program FY 2001-2002 and
Wastewater Clean-Out Installation Program FY 2003-2003. Therefore, staff recommends
a contract be awarded to Rycon E & C, LLC in the amount of $272,870 for the Wastewater
Clean-Out Installation Program 2003-2004.
CONTRACT TERMS: The contract specifies that the project will be completed in 365
calendar days, with completion anticipated by July 2005.
FUNDING: Funds for this project are available in the FY 2003-2004 Wastewater Capital
Improvement Budget.
IEXHIBIT "A" {
Page 2 of 2
WASTEWATER CLEANOUT INSTALLATION PROGRAM 2003-2004
PROJECT BUDGET
July 27, 2004
FUNDS AVAILABLE:
IWastewater Capital Improvement Budget
FUNDS REQUIRED:
Construction Cost (Rycon E & C, LLC)
Construction Contingencies
Inspection
Engineering Reimbursements
Administrative Reimbursements
Incidental Expenses (Printing, Advertising, etc.)
Total ............................... $
ESTIMATED
BUDGET
$ 310,157.00 ]
$ 272,870.00
27,287.00
5,000_00
3,000.00
1,000.00
1,000.00
310,157.00
EXHIBIT "B'
Page lo~ 1
500.00 2,500,00 685.00
375 LF 40,00 1S,O00.O0 155,00 58,125.00
45.00 4,500,00 160.00
BSO LF .20 170.00 3.00 2,550.00
300 fF 10.00 3,000.00 17.00 5,1oo.oo
UNIT P ~.X CE ~%/4OUNT
0.00 0.00
0.00 0.00
0.00 0.00
0,00 0.00
0.00 0,00
O~O0 0.00
0.00 0.00
0.00 0.00
0,00
0.00
0.00
0.00
0 OO
\Mproject~councilexhib;ts\exh7307. dwg
N
NUECES BAY
CORPUS CHRIS~ BAY
LAGUNA
MADRE
NOTE: CITY WIDE PROGRAM
LOCATION OF PROJECTS TO 8E
DETERMINED BY WASTEWATER DEPARTMENT
GULF OF
MEXICO
L OCA T T_ ON MAP
NOT TO SCALE
PROJECT No. 7307
EXHIBT_T "D"
WASTEWATER CLEANOUT INSTALLATION PROGFtA~ 2003-2004
CI TWIIDE
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEP~E~ OF ENGIN~RINGSERt/IC~
PAGE: I of 1
DA ~:0 7/20/2004
14
AGENDA MEMORANDUM
DATE: July27, 2004
SUBJECT: Miscellaneous Storm Water Projects 2004- Part B Master Channel 29
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
Garrett Construction of Ingleside Texas in the amount of $370,370 for the Miscellaneous
Storm Water Projects 2004 - Part B Master Channel 29_
ISSUE: Several storm water drainage channels located city-wide are in need of attention.
This project will provide for improvements to one channel that requires immediate
maintenance due to siltation, erosion of side slopes, limited capacity and overflows.
FUNDING: Funds for this project are available in the Fiscal Year 2003-2004 Storm Water
Operational Budget.
RECOMMENDATION: Staff recommends approval of the motJon as presented.
~f Sto~-r~ '~/ater Services
Director of Engineering Services
Additional Sul)13ort Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tap
Exhibit "D" Location Map
BACKGROUND INFORMATION
SUBJECT: Miscellaneous Storm Water Projects 2004 - Part B Master Channel 29
(Project No. 2236)
PRIOR COUNCIL ACTION:
1. July 22, 2003 - Approval of the Capital Operating Budget FY 2003-2004 (Ordinance
No. 025394).
PROJECT BACKGROUND: Several storm water drainage channels located city-wide are
in need of attention. This project was originally bid to provide for improvements to three
channels that require immediate maintenance due to siltation, erosion of side slopes,
limited capacity and overflows. This project consisted of a 3-part base bid, in which the
contractor was able to bid on each part individually or any combination thereof. The
separate projects consisted of:
Part A- Master Channel 31 - approximately 16,800 linear feet of channel excavation,
along with any drainage pipes, berm construction, seeding and excess matedal
disposal associated with the channel excavation.
Part B - Master Channel 29 - approximately 6,900 linear feet of channel excavation,
along with any drainage pipes, berm construction, seeding and excess matedal
disposal associated with the channel excavation.
· Part C - Emorv Ditch - approximately 4,200 linear feet of channel excavation, along
with any drainage pipes, berm construction, seeding and excess matedal disposal
associated with the channel excavation.
BID INFORMATION: The City received proposals from two (2) bidders on July.7, 2004.
(See Exhibit "B" Bid Tabulation.) One bidder bid on all three parts, while the second bidder
chose only to bid on Park C. The bids range from:
· Part A: $671.466.50
· Part B: $370,370.00
· Part C: $79,740.00 to 206,452.50
The bid from the second bidder was deemed non-respensive due to an invalid bid bond.
City staff recommends that in order to move this project forward and complete as much
work as possible within the budgeted amount, that a construction contract be awarded to
Garrett Construction of Ingleside, Texas for Part B - Master Channel 29 only. Staff will be
re-evaluating the remaining projects and re-packaging and re-bidding these project in the
near future_
EXHIBIT "A" I
Page I of 2
The limited interest in bidding these projects stems from two reasons. The first reason is
that this type of work is not padiculady attractive to local contractors because most do not
have the type of equipment required for the type of excavation required. The second
reason is that these projects will require a substantial amount of trucking. Because of the
current amount of construction in the area, most trucking companies are now working at full
capacity.
CONTRACT TERMS: The contract specifies that the project will be completed in 120
calendar days, with completion anticipated by November 2004.
EXHIBIT "A" I
Page 2 of 2
MARY CARROLL CHANNEL IMPROVEMENTS PHASE 1
PROJECT BUDGET
July 27, 2004
FUNDS AVAILABLE:
Storm Water Capital Improvement Budget I $
Storm Water Operational Budget $
Total ..................................................................................... $
FUNDS REQUIRED:
Construction Cost (Garrett Construction)
Construction Contingencies
Inspection
Engineering Reimbursements
Administrative Reimbursements
Incidental Expenses (Printing, Advertising, etc.)
Total ..................................................................................................... $
ESTIMATED
BUDGET
140,450_00
129,721.50
270,171.50
129,721.50
129,700_00
5,000_00
3,500.00
1,250.00
1,000.00
270,171.50
EXHIBIT "B" J
Page 1 of 1
0 O0
0,00
0.00
O,O0
UNIT
0.00
0.00
0,00
0,00
Item Channel Excavation 6,900 LF 45.20 311,880.00 No Bid
complete in place per
TOTAL ~ DID PA~T ~: ~370,370.D0
0.00
0.00
0,00
0.00
0.00
0.00
O, OO
0,00
0.00
Exhibit
1 of~
72.25 12,282,50 23.00
3,100.00 31,OOO.O0 770.00
7,700.00
*$79,734,00
O.O0
Exhibit
2 of 2
File : \Mproject~councitexhibits\exhOOOl.dwg
N
{cid 2~
J
HOLLY ROAD
WOOLDRIDGE ROAD ~
I1~,,,,,,~ III Il u II I
LOCATION I~AP
NOT TO SCALE
C.[TY PROJECT No. 2236
N
~:~:~ P ROJECTLOCATION
L,~q ~~CAYO
EXHZBZT "D"
Mr_SCELLANEOUS STORM WATER PROJECTS 2004
PART B MASTER CHANNEL 29
CiTY OF CORPUS CHRISTI, ~X, AS
CITY COUNCZL EXHZBZT
DEPARTIdENT OF ENGINEERI~ SER¥1CES
PAGE: I of 1
DATE: 07-19-2004
15
AGENDA MEMORANDUM
City Council Action Date: July 27, 2004
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute a construction contract
with Specialized Maintenance Services of Beaumont, Texas in the amount of $618,455 for
the IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Ddve) Sanitary
Sewer Cleaning and Televising.
ISSUE: This project is being done to reduce the possibility of failure to lines which are
located under TxDOT dght of way.
FUNDING: Funds are available for this project through the FY 03-04 Wastewater Capital
Improvement Program budget.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
presented.
Foster Crowell
Director of Wastewater
· Escobar, P. E.
of Engineering Services
Additional Support Material:
Exhibit"A" Background Information
Exhibit BB" Project Budget
Exhibit BC" Bid Tab
Exhibit"D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: IH-37, SH 286 (Cresstown Expressway) and SH 358 (Padre Island Drive)
Sanitary Sewer Cleaning and Televising (Project #7279)
PRIOR COUNCIL ACTION:
1. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget
in the amount of $173,624,300 (Ordinance No. 025647)
PRIOR ADMINISTRATIVE ACTION:
1. March 04, 2004 - Administrative approval of Amendment No. 7 to an engineering
services agreement with HDR Engineering, Inc. for a total fee not to exceed
$24,954 for the IH-37, SH 286 (Cresstown Expressway) and SH 358 (Padre Island
Ddve) Sanitary Sewer Cleaning and Televising (Project #7279)
BACKGROUND INFORMATION: Wastewater Department objectives as part of a
preventative maintenance program is to inspect city lines every ten years to preclude
possible line failures. The state highway lines included in this project have not been
inspected in more than ten years. The line under IH-37 at Port Ave is constructed of cast
iron and has a history of failure. Many of the other lines being inspected are made of
similar matedal which prone to deteriorate over time. This project is taking a proactive
measure to prevent the possibilities of cave-ins under TxDOT ROW which would result in
repairing lines with expensive contracting costs, traffic control plans and coordination with
TxDOT.
PROJECT DESCRIPTION: The project consists of cleaning and televising approximately:
· 3,880 linear feet (LF) of existing 8-inch diameter vitrified clay pipe;
· approximately 2,230 linear feet (LF) of existing 8-inch diameter cast iron pipe;
· approximately 1,570 linear feet (LF) of existing 10-inch diameter vitrified clay pipe;
· approximately 2,110 linear feet (LF) of existing 10-inch diameter cast iron pipe;
· approximately 2,040 linear feet (LF) of existing 12-inch diameter vitrified day pipe;
· approximately 1,400 linear feet (LF) of existing 12-inch diameter cast iron pipe;
· approximately 2,800 linear feet (LF) of existing '15-inch diameter vitrified clay pipe;
· approximately 1,890 linear feet (LF) of existing 18-inch diameter vitrified clay pipe;
· approximately 340 linear feet (LF) of existing 21-inch diameter vitrified clay pipe;
· approximately 970 linear feet (LF) of existing 24-inch diameter cast iron pipe;
· approximately 420 linear feet (LF) of existing 30-inch diameter cast iron pipe
including all appurtenances and associated work in accordance with the plans,
specifications, and contract documents.
BID INFORMATION: Bids were received on July 14, 2004 with three (3) bidders
submitting proposals. The bid proposal was set up as a Total Base Bid only. The bids
received ranged from $618,270 to $669,270, with Specialized Maintenance of Beaumont,
Texas submitting the Iow bid.
The bid received from Chief Environmental Survey was deemed non-responsive because
the Attorney in Fact was not authorized on the Power of Attorney agreement. This did not
affect the pdodty bid order though.
HDR Engineering, the City's NE consultant and City staff recommend that based on
satisfactory references and Iow bid, that a construction contract be awarded to Specialized
Maintenance of Beaumont, Texas in the amount of $618,455 for the IH-37, SH 286
(Crosstown Expressway) and SH 358 (Padre Island Ddve) Sanitary Sewer Cleaning and
Televising (Project #7279)
CONTRACT TERMS: The contract specifies that the project will be completed in 120
calendar days, with completion anticipated by December 2004.
FUNDING: Funds for this project are available in the FY 2003-2004 Wastewater Capital
Improvement Budget.
I'~XHIBIT ,,A,
Page 2 of 2 ~
lH-37, SH286 (CROSSTOWN EXPRESSWAY). & SH 358 (SPID)
SANITARY SEWER CLEANING AND TELEVISING
PROJECT BUDGET
July 27, 2004
FUNDS AVAILABLE:
IWastewater Capital Improvement Budget
FUNDS REQUIRED:
Construction Cost (Specialized Maintenance)
Construction Contingencies
NE Consultant (HDR Engineering)
InspoctJon
Engineering Reimbursements
Administrative Reimbursements
Incidental Expenses (Printing, Advertising, etc.)
Total ..................................................................................................... $
ESTIMATED
BUDGET
744,254.ool
$ 618,455.00
61,845.00
24,954.00
20,000.00
12,000.00
6,000.00
1,000.00
744,254.00
EXHIBIT "B" I
A9 raspec{and~ar~,ta~e~glO'd~,CIP 2110 LF.
\ Mproject \ councilexhibits \ exh 7 304.dw9
N
NUECES BAY
CORPUS CHRIS~ BAY
NOTE: CITY WIDE PROGR/V~
LOCATION OF PROJECTS TO BE
DE'rERMINED ~Y WASTE14/ATER DEPARTMENT
LAGUNA
MADRE
GULF OF
MEXICO
L OCATT_ON MAP
NOT TO SCALE
PROJECT No. 7304
EXHIBIT "D"
IH 37, SH 286 (CROSSTOWN EXPRESSWAY) AND
SH 358 (SOUTH PADRE ISLAND DRIVE)
SANITARY SEWER CLEANING AND TELEVISING
Cl~' OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
D~£~ OF ENC, INE~ING SERVIC~
PAGE: 1 of 1
~ ~:0 7/20/2004
16
AGENDA MEMORANDUM
July 27, 2004
SUBJECT: Joe Fulton Trade Corridor- Utility Adjustments (Project ff8492)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to make payment to the Port of
Corpus Christi Authority in the amount of $373,344.48 for waterline adjustments and
installations for the Joe Fulton Trade Corridor Project (Project No. 8~,~,7)
FUNDING: Funding is available from Water Capital Improvement Fund (Commercial
Paper).
RECOMMENDATION: Staff recommends approval of the motion as presented.
Escobar, P.E. Date
Director- Engineering Services
~EDdUardo Gara~a, P.E. Date
irector - Water Services
Attachments:
Exhibit A - Additional Information
Exhibit B - POCCA Letter and Bid Information
Exhibit C - Location Map
H:~-IOME~-V]NS\GEN~WATER~9447 Fulb~n C,o~mido~Memo. DOC
SUBJECT:
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Joe Fulton Trade Corridor - Utility Adjustments (Project No. 8492)
PRIOR COUNCIL ACTIONS:
Auqust 13, 2003 - Resolution authorizing the City Manager, or his designee, to execute an
intedocal governmental agreement with the Port of Corpus Chdsti Authority (POCCA) to
include utility adjustment and relocation work as part of the Joe Fulton International Trade
Corridor and for the City to provide Funds to the POCCA_
FUTURE COUNCIL ACTION:
Materials testing or change orders may require Council approvals dudng the course of the
project.
BACKGROUND: The Joe Fulton Trade Corridor is a multimedal project that is designed to
diversify the economic base of the Port of Corpus Chdst. This project was identified as a
critical improvement by the POCCA in 1992. The Interrnedal Surface Transportation
Efficiency Act (ISTEA) was amended in 1995 to include the Fulton Corridor as a "high
pdodty" project and made funds available for additional study. The POCCA began
environmental permitting, engineering and design of the project in 1999. Schematic
drawings were submitted to the Texas Department of Transportation and the Federal
Highway Ad ministration (FHWA) for review in November, 2000. A Finding of No Significant
Impact (FONSI) was issued by the FHWA on March 13, 2003_ Public headngs were held
and the design of the project was finalized.
The comdor will connect I.H. 37 at Carbon Plant Road and U.S. 181 providing access to the
northwest quadrant of the Corpus Chdsti Ship Channel. The route also provides
· altemate and back up service to the north side of the ship channel; and
· improves Navigation Boulevard and access to the north side of the channel.
The project is anticipated to increase the tax base and expand job and economic
development opportunities. It will provide an altemate route for vehicles and improve air
quality by reducing the traffic waiting at the Tule Lift Bddge.
POCCA agreed to pay for the right-of-way and design cost of utility adjustments. The
adjustments consist of casings, waterlines and grouting. The cost of the adjustments is
based on the actual Iow bid for the project by Haas Anderson of Corpus Christi, Texas.
gate operators, and other related work.
H:~FIOME~KEVINS\GEN~WATER~B447 Fulton Corrldor~BkgExhA_doc
T :.A.:-l
Page 1 of 1 !
OF CORPUS CHPJS11
Department of Engineering Services
Project No. 99-037F
July 8, 2004
Mr. George K. Noe
City Manager
City of Corpus Christi
1201 Leopard
Corpus Christi, Texas 78401
2004
Subject:
Joe Fulton International Trade Corridor - Waterline
City Project No. 8447 & 7263
Dear Mr. Noe,
Pursuant to the attached Interlocal Agreement approved by City Council on August 26,
2003 per Resolution No. 025453, we herewith submit the bid tabulation for the Joe Fulton
International Trade Corridor Project. The far right column of the spreadsheet identifies the
city's costs for the waterline adjustments and installations, primarily along Carbon Plant Road.
Total reimbursable cost, including the 1% TxDOT E & C fee is $373,344.48.
Please remit a payment of $373,344 48, payable to the Port of Corpus Christi Authority
for installation of the Fulton Corridor waterline. We appreciate your partnership in this project
and should you have any questions, please do not hesitate to call me at (361) 885-6164.
Sincerely,
David L Miehaelsen, P.E.
Chief Engineer
DLM/mmm
Enclosures
cc: Frank C. Brogan
Audre Debler
Sharon Hurst
Mary Francis Tenienta, P.E
H IDLM~I 999PRO.~9905 7 Fulton CorridorlCiry waterline reir~ursement reque, rt ltr doc
Exhibit B
Page 1 of 8
Websi~e: www.porto[corpuschristi.com
222 Power Street Corpus Christi, TX 78401 P.O. Box 1541 Corpus Christi, TX 78403 TEL: 361-882-5633 · FAX: 361-881 5163
Fulton Corridor Bid
7/6/2004 5:33 AM City Waterline Costs 1 of 7
Item No.
0100 0502
0106 0501
0110 0501
0110 0502
0132 0509
0132 0524
0160 0506
0164 0505
01640513
0164 0514
0166 0502
01~ 0561
0247 0817
0314 0526
0316 0526
0316 0567
0316 0730
0316 0762
O35i 0515
0360 0871
0400 0507
0400 0507
0400 0507
0402 0501
0403 0504
0407 0512
0409 0524
0420 0544
0420 0692
0420 0693
Engineer's Estimate
Description Unit Qty. Est. Rate Engr. Cost
Prep ROW STA 535 $500.4~ $267,735
Obliterate Abnd Road STA 91 $602.97 $54,B70
Excavation (Rdw,/& RR) CY 423,492 $3.53 $1,495,736
Excavation (chart) CY 53,414 $4.44 $237,026
Embank (Dens Cont)(TY C)
(CL 3) Indds Surcharge
(Place) CY 754,476 $4.35 $3,278,289
Embank (Ord Comp)(Ty
D)(CL 3) (Ceil C levee) CY 37,724 $2.75 $103,741
Furnish & Plac~ Topsoil (CL
2) (4") SY 921,396 $2.00 $1,840,882
Cell Fibe~ Mulch Seed
(Bermuda) SY 921,396 $0.29 $262,655
Cell Fiber Mulch Seed (Cool
Season)(Temp) SY 461,620 $0.28 $129,175
Cell Fibre Mulc~ Seed
(Warm Season)(Temp) SY 461,620 $0.25 $117.659
Fed~lze~ (20-10-10) TON 105 $318.69 $33,463
Ve(~etaQve Wa[edncj MG 14,833 $12.49 $185,225
FL Base (Compl in Plac)
(TYA GR1 CL4) CY 158.972 $26.31 $4.183,277
~ph Mal~l (AE-P o~ SS-l) GAL 42,623 $1.76 $75,145
Aggr (Ty PB. Gr 4)~Mc.:l) CY 1,567 $52.03 $81,528
Aggr (Ty PB, Gr 3)(Mod) CY 1,991 $49.88 $99,319
Asph (AC-15P,HFRS-2P or
CRS-2P) GAL 39,558 $1.40 $55,381
Asph (AC-5, AC-10, CRS-2
or HFRS-2) GAL 57,530 $1.40 $~0,542
Repair exist Flex Pay Sl~uc[
(12 in) SY 1,355 $42.08 $57,016
Conc. Pav (6 in) SY 206 $26.00 $5,356
Cern Stabll Bk'fl CY 1.116 $50.00 $55,800
Cam Stabll BId"l (~Nater) CY 240 $50 $12,000
Cern, Sl~bil Bkfl (San.
Sewer CY 950 $50 $47,500
Trench Ex(ava[ion
Protecbon LF 4.330 $2.50 $10,825
Temporary Spectal Shoring
(Ra~lread) SF 845 $35.00 $29,575
S[i Sheet Pile Si: 82,982 $43.60 $3,618,321
Presb- Co~c Pit (16 in
sq){HPC) B2 LF 23,O40 .$45.00 $1,036,800
CL C Cer~ (Appr. Stab) CY 70 $290.00 $20,300
CL C Conc (Abut) (HPC) B2 CY 69 $375.00 $25,875
CL C Conc (Bent)(HPC) B2 CY 1,729.8 $280.31 $4~4.875
CL C Conc (Cap) CY 244 $450.00 $109,800
Rein[. Conc Slab (HPC)(CL
S) B2 SF 124,484 $11.00 $1,369,324
Presb-. Co~c. Beam
IV)(HPC)B2 LF 16,103.2 $00.00 $1,2/~,256
Conc. Surface Treat B2 SY t3,426 $1.00 $13,426
Rip Rap (Cone) (CL B) CY 250 $304.10 $78,762
RIpRap (Conc)(CL B) B1 CY 119 $295.00 $35,105
Rip Rap (Conc) (CL B) B2 CY 53 $296.95 $15,738
Rip Rap (Conc) (CL B) B3 CY 43 $295.00 $12,685
Rip Rap (Stone)(Common)
(Grouled) CY 150 $301.35 $45,203
Sff Sa (Armor Joinl)(Sp~) B2 LB 11,849 $2.50 $29,623
Rail (Ty SSTR) B2 LF 5,412 $25.00 $135,308
Haas-Anderson Bid Ciys Cos!
Rate Cost
1,150.00 015,250.00
260.00 25,400 0O
1.70 719,936.40
3.00 160,242.00
4.85 3,659,208.60
2.15 81,106.60
1.06 976,679.76
0.13 119,781.45
0.10 48,162.00
0.10 46,162.00
220.00 23,100.00
10.00 148,330.00
28.72 4,565,675.84
1.40 59,672.20
45.00 70,515.00
45.00 89.595.00
1.55 61,314.90
1.27 73,063.10
33.00 44,715.00
36.65 40,901.40
36.65 8,796,00
36.65 34,817.50
2.65 11,474.50
234.00 197,730.00
55.50 4,605,501.00
51.00 1,175,040.00
305.00 21,350.00
618.00 42,642.00
618.00 1,069,016.40
710.00 173,240.00
12.B0 1,593,395.20
109.00 1,755,246.60
0.75 10,069.50
300.00 77,70~.0G
300.00 35,700.00
300.00 15,900.00
300.00 12,900.00
120.00 18,000.00
3.50 41,471.50
34.00 184,008.00
Exhibit
Page 2 of
7/8/2004 8:33 AM
item NO.
0462 0501
0462 0503
0482 0504
0462 0507
0462 0513
0462 0514
0462 0517
0462 0522
0462 0532
0462 0532
0462 0597
0462 0684
0462 0870
0462 0871
0464 0503
0464 6505
0464 0507
0464 0509
O464 0510
0464 0529
0464 0530
0464 0531
0464 0532
0465 0503
0465 0508
0465 3595
0465 3612
0466 0973
Description Unit (~y,
Conc Box Culv (3 It x 2 It) LF 202
Ca:)~m Box Culv (4 flx 2 ~t) LF 352
Conc Box Culv (4 tt x 3 R) LF 259
ConcBoxCulv(5flx3ff) LF 224
Conc Box Culv (6 It x 3 It)
B3 LF 232
Conc Box Culv (6 It x 4 It) LF 202
Co~c Box Culv (7 It x 3 tt) LF 66
Conc. Box Culv (5 It x 4 ~t) LF 176
Conc Box Culv (10 ft x 5
ft) LF 1,473
Conc Box Culv (10 ~t · 5
[t) B1 LF 912
Conc Box Culv 6 It x 3 It (E-
80 Ioadir~g) B3 LF 148
Conc Box Culv (8 R x 4 It)
(E 80 loading) LF 36
Conc Box Culv (6 It x 4 It)(E-
80 IoadincJ) LF 48
Conc Box Culv (7 It x 3 ~t)
(E-80 loading) LF 138
RC Pipe (18 in) (CL III) LF 1,381
RC Pipe (24 in) (CL III) LF 751
RC Pipe (30 in) (CL Ill) LF 2,109
RC Pipe (36 in) (CL III) LF 472
RC Pipe (42 in) (CL III) LF 25O
RC Pipe (18 in) (CL V) LF 190
RC Pipe (24 in) (CL V) LF 263
RC Pipe (30 in) (CL V) LF 462
RC Pipe (36 in) (CL V) LF 520
Inlet (CompS) (TY C) EA 5
Inlet (Compt) (Ty H) EA 15
Manhole (CompS) (Riser) EA 4
Manh (Compi)(Ris~-)(Spd) EA 10
Wing Wall (FVVq3) (HVV=7.0
R) ~A 2
Fulton Corridor Bid
City Waterline Costs
Engineer's Estimate
Est. Rate Engr. Cost
$180.00 $36,360
$204.35 $71,931
$200.00 $51,800
$215.00 $48,186
$200.00 $46,400
$310.86 $62,794
$315.53 $20,EN5
$315.00 $55,440
$360.00 $530,280
$370.00 $337,440
$450.00 $56,600
$1,200.00 $43,200
$467.00 $22,416
583.00 $80,454
;35.00 $.48,335
;41.86 $31,435
;52.06 $1009,700
;70.00 $33,040
;90.00 $23,220
;35.05 $6,686
;55.00 $14,465
;51.47 $23,780
;84.15 $43,760
$2,307.37 $11,537
$2,141.82 $32,127
$2,040.86 $8,100
$2,312.67 $23,127
$5,000.00 $10,000
Haas-Anderson Bid City's Cost
Rate Cost
124.00 25,048.00
130.00 45,786.00
152.00 39,368.0'0
169.00 37,856.00
216.00 50,112.00
218.00 44,036.00
249.00 16,434.00
276.00 48,576.00
390.00 574,470.00
390 00 355,680.00
347.00 51,358.00
498.00 17,@28.00
377.00 18,096.00
363.00 50,094.00
34.00 46.954.00
35.00 26,285.00
44.00 92,796.00
57.00 26,904..00
75.00 19,350 00
42.00 7,980.00
42.86 1%046.00
56.00 25,872.00
66.00 34,320.00
2,900.00 14,500.00
2,600.00 39,000.00
2,700.0~ 10,800.00
2,500.00 25,000.00
10,700.00 21,400.00
2of7
O466 O974
0466 0987
04~6 0989
0466 0998
Wi%~wall (FW-0) (HW=8 It) EA I $5,000.00
W~ Warl (FW-S)(HVV=7 It)
B1 EA 1 $8,086.00
Wingwal~ (FW~)(HW--gff)
B1 EA 1 $10,86~.00
W~ngwall (PW)(HW=4 fl) EA 2 $3,868.67
$5,000 20,600.00 20,600.00
$8,000 15,10000 15,100.00
$10,000 18,000.00 18,000.00
$7,733 7,900.00 15,800.00
04660999
0466 0999
0466 3501
0466 3502
0466 3518
0466 3565
0466 3574
0466 3576
0466 3578
0466 3580
0468 3581
0467 0552
Wlngwall (PW)(HW=5 ft) EA 8 $5,500.00 $44,000 15,200.00 121,600.00
Wlngwall (PW)(HW=SR)
B3 EA 3 $7,800.00 $23,400 15,200.00 45,600.00
W~ngwall (PW) (HW=6 It) EA 5 $6,332 O0 $31,660 17,4000.00 87,000.00
W~r~warl (PW){HW=7 fl) EA 2 $7,500.00 $15,860 24,300.00 48,600.00
Head Wall (CH-FA/A))
(Dia=30in) ~ 2 $2,200.00 $4,400 3,200.00 6,400.00
H eadwall (CH-F~V~I5)
(DIA=36 in) EA 2 $3,400.00 $6,800 4,360.00 8,720.00
Headwali (CH-PW-0)
(dis=IS') EA 4 $600.00 $2,400 2,330.00 g,320.00
Headwall (CH-PW~)
(dis=24") EA 2 $2,100.00 $4,200 1,415.00 2,830.00
Headwall (CHq~W-0)
(dis=30") EA 8 $3,300,00 $26,400 3,890.00 31,120.00
Headwall (C-PW-
0)(Dia=36in) EA 2 $750.00 $1,500 6,195.00 12,390.00
Head Waft (CH-PW-
0)(Dis=42 in) EA 1 $2,614.53 $2,615 6,130.00 6,130.00
Safety End Treat (TY
II)(1B')(RCP)(6:I)(P) EA 14 $793.00 $11,102 560.00 7,840.00
Exhibit []
Page 3 of 8
3of7
7/812004 8:33 AM
Item No. Description Unit
Safety End Treat (TY
0467 0584 [[){36')(RCP}(6:1)(P) EA
SET (TY
04670598 II)(16")~RCP)(C)(6:1) EA
SET (7"(
0457 0599 ll)(36")(RCP)~C)~6:1) EA
Safe End TH ('rY 11)(24
0467 0600 IN)(RCP)(P){6:I) EA
Sate End Trt (TY II) (30 in)
0467 0696 (RCP) (3;1) C EA
Safe End Trl (TY II) (30in)
0467 0702 (RCP)(4:I) C EA
SET (TY II) (30 in) (RCP)
0467 0732 (6:1) (P) EA
SET (T~' 9) (24 in)
0467 0785 (RCP)(6:I) C EA
Safe End Trt (TY II) (18 in)
0467 0793 RCP (6:1) {C) EA.
Sa{e End Trt (T'¢ 11)(18
0467 0704 in)~RCPX6:IXP) EA
Safe End TH (TY II) (24 in)
0467 0809 RCP (6:1) (P)
Safe End Trt (TY II) (24 in)
04&7 0831 RCP (4:1)(C) EA
SET (TY I){S--4- fl)(HW=3
0,487 3700 flX6:l)(C) EA
Set (TY
0467 3707 i)(S=6I~)(HW=4ft)(6:I) C B3 EA
SET ('FY' I)(S=5 fl){HW=3
0467 3728 [tX6:1 )(p) EA
SET [TY I)(S=7 fl)(HW=3
0467 3736 ~t)(6:l)(P) EA
SET (TY I)(S=3 flXHW=2
0467 3807 It}(6:l)(P) FcA
Remov &Relay Pipe Storm
0472 050~ Sewe{ (24 in) LF
Remov & Relay Pipe Storm
0472 0506 Sewe~ (24 inI LF
0496 0501 Remove old St~ (Large)
04~6 0504 Remove o~d SI~ (Pipe) EA
0500 0501 Mob0izal~3n L5
Bardeades, signs and Traf
0502 0501 Har~ie MO
0508 0501 Cons[ruction Detours (C_J 1) STA
0508 0503 ConStruc~on Detours (CL 3) SY
port Co~c Traf Oi~rder ([ow
05120554 Pro0 (TY E) LF
po~t Conc Tra[ 0arder (Iow
0512 0556 proD (TY H) LF
Cc~c Curb 8, GuU. er (TY 0)
052g 052-2 (Reinr) LF
0529 0533 Co¢~ Curb (TY II) LF
0530 o501 Or',,wys (Conc) (6')
05300502 Dr~ways (Surf Treat) SY
0530 0503 On,~,'y (A~@h-Conc PaY) SY
Drv'~ays (Asph-Conc Pay)
05300520 ¢YI) EA
0530 0694 Drcwys ~SuffTrt) (Ty IV) EA
0531 0.502 Concrete Sidew~alks SY
MU Bm Gd Fen (BIk Out)
054O 0507 (12 ga) Tim Post LF
M~ Bm G,d Fen Trans (Thrie
0~40 0538 Beam) EA
0580 0501 Chain Link Fence (6') LF
Fulton Corridor Bid
City Waterline Costs
Engineer's Estimate Haas-Anderson Bid City's Cost
Qb/. Est. Rate Engr. Cost Rate Cost
15 $1,800.00 $27,000 2.420.00 36,300.00
4 $566.00 $2,264 605,00 2,420.00
1 $1,478.00 $1,476 2,328.00 2,328.00
7 $709.00 $4,963 706.00 4,942.00
I $1,000.00 $1,000 028,00 828.00
2 $1,100,00 $2,200 751.00 1,502.00
27 $1,371.29 $37,025 950.00 25,600.00
5 $686.28 $3,431 705.00 3,525.00
3 5600.00 $1,800 560.00 1,680.00
16 $700.00 $12,000 600.00 91600.00
3 $1,000.00 $3,000 706.00 2,118.00
2 $800.00 $1,600 560 00 1,120.00
1 $3,000.00 $3,000 4,,560.00 4,560.00
4 $4,800.00 $19,200 8,815.00 35,260.00
1 $2,602.00 $2,602 5,950.00 5,950.00
2 52.233.33 $4,467 3,750.00 7,500.00
4 $2,490.00 $9,960 3,430.00 13,720.00
96 $40.40 $3,878 56.00 5,376.00
55 $32.20 $2,737 47.00 3.995.00
I $51~ .~ $5,~ 11.000.00 11,000.00
2,324 59.91 $23,031 19.00 44,156.00
1 $500,000.00 $500,000 3.700.000.00 3.700.0OO.00
45 53,500.00 $157,500 10,000.00 450.000.00
13 $3,160.62 $41,088 11,000.00 143,000.00
3,119 $25.79 580,446 14 75 46,005.25
160 $25.00 $4,000 25.00 4,000.00
160 $3.00 $400 12.50 2,0000.00
1,416 $15.93 $22,589 10.25 14,534.50
775 $13.22 $10,246 5.60 5,270.00
45 $49.36 $2,221 41 .O0 1 ,~45.00
936 $11.51 $10,773 19.30 18,064.80
2,530 $17.50 $44,275 38.65 97,784.50
8 $1,b00.00 512,800 2,352.00 18,816.00
4 51,000.00 $4,000 2,240.00 8,960.00
53 $25.60 $1,325 41.00 2,t73,00
~25 $13.50 $11,13~ 22.00 18,150.00
4 $1,050.00 $4,200 1,740.00 6,960.00
163 $26.00 $4,230 24 40 3,977.20
537,000.00 1% of [o{aI
Exhibit
Page 4 of
7/~/2004 8:33 AM
Item No. Description
Vehic=Jlar Gate
0550 0504 (Do~ble)(6'x12')
Vehicular Gate
0550 0507 (Double)(6'x16')
Unit Qty.
F_~
EA
Fulton Corridor Bid
City Waterline Costs
Engineer's Estimate
Est. Rate Engr. Cost
3 $885.59 $2,657
2 $1,100.00 $2,200
Haas-Anderson Bid
Rate Cost
706.00 2,118.00
1,058.00 2,116.00
City's Cost
4of7
Chain Link Fence
0550 0511 (8')(W/Barb Wire)(Rem/Rpl) LF 370 $32.00 $11,840
0552 0503 Gale (Ty I) EA 2 $520.00 $1,040
0502 0506 VV~re Fence (Ty C) LF 5,746 $6.50 $37,349
0502 0512 Wire Fence (Special) LF 1,429 $14.00 $20,006
0552 0516 Gate (Ty 4) EA 2 $1,000.00 $2,000
0560 0501 Mailbox Install (Single) EA 1 $135 00 $135
0560 0503 Mailbox Install (Multiple) EA 3 $245.00 $735
Roadway Illumination
Assembly (TY SA 40T-12)
0610 0564 (,4 KW) S EA 7 $5,000.00 $35,000
Rdwy III Assam (Ty SA 40T-
0610 0676 12)(.25 KW) S EA 2 $5,000.00 $10,000
Cooduit (PVC) (SCHD 40)
0618 0511 (2 IN) LF 1,271 $6.10 $7,753
Conduit (PVC) (SCHD 40)
0618 0514 (4 IN) LF 452 $9.68 $4,377
Conduil (PVC) (SCHD 40)
06180532 (2 IN)~B~e) LF 116 $17.00 $2,006
36.70 13,579.00
909.00 1,818.00
6.80 39,072.80
6.80 9,717.20
909.00 1,618.00
227.00 227.00
455.00 1,365.00
2,840.00 19,880.00
2,730.00 5,460.00
9.00 11,439.00
11.40 5,152.80
20.00 2,360.00
0620 0503 Elec Conduc[ch- (No. 8) Bare LF
Elec Conductor (No. 8)
0620 0509 Insulated LF
Ground Box Ty A (122311)
0624 0501 w/Apron EA
Elec Sexy TYT (1201240)
0628 0691 (300 (NS) GS (T) TP (O) EA
Elec Ser'v TY A (240/4.50)
0~28 0017 60 (NS) SS (E) TP (O) EA
Small Rd.sd Sgn As.sm TY
06440630 S80 (1) SA (P) EA
Small Rdsd Sgn Assm Ty
0644 0~31 S80 (1) SA (P-BM) EA
Small Rdsd Sgn Assm TY
06440634 S80 (1) SA (T) EA
Small Rdsd Sgn Assm TY
0644 0650 S80 (2) SA (P) EA
Remov Small RDSD Sgn
0649 0502 Assms EA
Retoc Small Rdsd Sgn
0649 0504 Assms EA
Fnd for Rdwy III Asm ('FY C)
0656 0517 (30 in Dr Sh) LF
Obi Mrk Asm 'FY 2 (OM-
0658 0563 2SR)(B) FcA
Obi Mrk Asrn 'FY 2 (OM-
0658 0587 2SR)(B) Bi-Dir EA
Wrk Zn Pay Mrk Rerr~v
0662 0502 (W) (4in) (Brk) LF
Wrk Zn Pay Mrk Remov
0662 0507 (W) (Sin) (SId) LF
Wrk Zn Ray Mrk Remov
0662 0520 (W) (RR Xing) EA
Wrk Zn Pay Mak Remov (Y)
0662 0524 (4in) (Brk) LF
Wrk Zn Pay Mak Remov (Y)
0662 0532 (24in) (Sld) LF
Wrk Zn Pay Mrk Remov (CI
0662 0542 B) TY 1~3 EA
Wrk Zn Pay Mrk Remov (CI
0662 0543 S) TY II-A-A EA
1,394 $0.65 $906 0.75 1,045.50
2,788 $0.75 $2,091 0.85 2,369.80
4 $585.42 $2,342 625.00 2,500.0(J
1 $2,600.00 $2,600 1,820.00 1,620.00
1 $2,600.00 $2,600 4,100.00 4,100.00
92 $500.00 $46,000 437.00 40,204.00
9 $500.00 $4,500 500.00 4,500.00
6 $500.00 $3,000 450.00 2,700.00
2 $500.00 $1,000 570.00 1,140.00
10 $30.00 5300 57.00 570.00
9 $300.00 $2,700 330 00 2,970.00
90 $140.00 $12,600 142.00 12,780.00
12 $55.00 $660 68.00 816.00
11 $60.00 $660 68.00 748.00
850 $1.08 $918 2.55 2,167.50
1,680 $1.76 $2,957 5.00 8,400.00
2 $507.12 $1,014 85o.0,0 1,700.00
430 $1.05 $452 2.60 1,118.00
270 $8.69 $2,400 13.60 3,672.00
142 $3.60 $511 4.55 646.10
142 $4.35 $618 4.55 646.10
Exhibit B
Page 5 of 8
7/B/2004 8:33 AM
Item No.
0662 0545
0662 0546
0662 0549
0~62 0569
0662 0579
Description
Wrk Zn Pay Mrk Remov (CI
C) TYW
Wrk Zn Pav Mrk Remov (CI
C)TYY
Wrk ZN Pay Mak Non-
Remov (W) (4') (SId)
Wrk ZN Pay Mak Non-
Remov (Y) (4') (SId)
Wrk Zn Pave Mrk Gdmrk
(W)
Fulton Corridor Bid
City Waterline Costs
Engineer's Estimate
Unit Qt~, Est. Rate Engr. Cost
EA 480 $3.25 $1,560
EA 480 $3.35 $1,608
LF 20,997 $0.27 $5,699
LF 20,271 $0.27 $5,510
EA 5~ $1.20 $70
Haas-Anderson Bid
Rate Cost
3.10 1,488.00
3.10 1,48&00
0.35 7,348.95
0.35 7,094.85
0.85 49.30
City's Cost
5of7
0662 0580
0662 0583
0666 0501
0666 0502
0666 0506
0666 0524
0666 0525
0669 0519
0668 03'70
0668 05-71
0668 0575
0668 0579
0668 0588
0672 0536
0672 0538
3146 0881
3146 0882
3533 0501
3534 0501
3535 0501
3546 0502
3546 0503
3546 0504
3552 0501
3552 0502
3552 0503
3552 0504
3552 0505
3552 0506
3552 0507
3552 0508
3552 0509
3552 0510
3552 0511
3552 0512
3552 05t3
Wrk Zn Pav Mrk Gdmrk (Y) EA 86
Wrk Zn Pav Mrk Sh Trm
(Tab) TY Y-2 EA 64
Reft Pav Mrk Ty I (W) (4")
(SId) LF 162,331
Reft Pay Mrk Ty I (W) (4")
(Brk) LF 850
Ref Pav Mrk Ty I (Y) (8")
(SId) LF 4,985
Reft Pav Mrk TY I (Y) (4')
(Sld) LF 98,842
Reft Pay Mrk TY I (Y) (4")
(Brk) LF 11,~
Prefab Pay Mrk TYA (W)
(RR XING) EA 8
Prefab Pav Mrk TY C (W)
(24") (SId) LF 414
Prefab Pay Mrk TY C (W)
(Arrow) EA 13
Prefab Pav Mrk T'¢ C (W)
Word) FcA 11
Prefab Pay Mrk 'FY C (W)
(RR Xing) EA 1
Prefab Pav Mrk TY C (Y)
(24") (SId) LF 6,130
Rals Pay Mrkr CI B (Reft)
TY I~(HV) EA 170
Rais Pav Mrkr CI B (Re~)
TY II-A-A(HV) EA 3,275
Ho[ Mix (TY C)(Sur0 (pg 76-
22) (S) TON 10,173
Hot Mix ('FY B){Base) (Pg
76-22) (S) TON 12,734
Surcharge Remove CY 252,405
Sand Fill (Plalform) CY 381,019
Jurisdic0~nal Weltand
Miligalion (6 a~e) LS 1
Casing Pipe (29") (Steet)
SS & WL(285LF) LF 555
Casing Pipe (42") (Stee~) LF 140
Casing Pipe (30') (Ste~) LF 85
Pipe (8 inch Waterline) LF 400
Pipe (12 inch Waterline LF 1,365
Pipe (16 inch Waterline LF 1,995
Valve (6" Gate w/Box) EA 3
Valve (12' Gate w/Box) EA 4
Valve (16" Gate w/Box) EA 5
Valve~ (Fire Hydrant) EA 3
Water Service Line (1") EA 2
Water Servic~ Line (2") EA 2
Pressure Tap (8") (8"x6"~ EA 1
Pressure Tap (12") (1- 12"x
6'){1-12'x12") E~ 2
Wet Connection (12") EA 1
Wet Connection (16") EA 1
;0.35
;0.81
;0.28
$0.3O
$809.07
$11.70
$139.74
$210.95
$425.00
$6.80
$4.14
$3,36
$38.50
$3&C~
$3.76
$4.20
$120,000.00
$70
$110
$100
$30
$36
$46
$700
$1,600
$3,500
$2,200
$6O0
$750
$2,250
$3,200
$2,000
$3,000
$108 0.85 73.10
$96 0.85 54.40
$57,269 0.30 48,699.30
$298 0.32 272.00
$4,03O 0.60 2,991.00
$28,034 0.30 29,652,60
$3,552 0.33 3,907.20
$6,473 850.00 6,800.50
$4,643 9 00 3,726.00
$1,817 170.00 2,210.00
82,320 227 00 2,49?.50
$425 570.50 570 iX)
$41,659 9.00 55,170.00
$704 4.25 722.50
$391,661 40.00 406,920.00
$483,892 39.00 49~,626.00
$949,019 2.28 575,483.40
$1,599,353 2 75 1,O47,802.25
$120,000 179,000.00 179,000.00
$3~,850 54.6~ 30,303.00
$15,400 176 00 24,640.00
$8,500 108.00 9,180.00
$12,000 19.30 7,720.00
.~49,140 27.50 37,537.50
$95,760 40.00 79,800.00
$2,100 695,00 2,085.00
$6,400 1,645.00 6,580.00
$17,500 3,865,00 19,325.00
$6,600 3,180.00 9,540.00
$1,200 885.00 1,770.00
$1,500 2,795.00 5,590.0~
$2,200 3,100.00 3,100.00
$6,400 3,725.00 7,450.00
$2,00'0 1,540.00 1 ,~-0.3O
$3,000 3,296.00 3,296.00
$15,561 00 285' X 54.60
$24,640.00
$9,180.00
$7,720.00
$37,537.50
$79,800.00
$2,085.00
$6,580.00
$19,325.00
$9,540.00
$1,770.00
$5,590.00
$3,100.00
$7,450.00
$1,840.00
$3,29d.00
Exhibit B
Page 6 of 8
item No.
3552 0514
3552 0515
Fulton Corridor Bid
7/8/2004 8:33 AM CibJ Waterline Costs
Engineer's Estimate
Description Unit Qty. Est. Rate Engr. Cost
Jacking or Boring Pipe (30'
Casing)(Wa[erline) LF 100 $100 $10,000
Jacking or Boring PIpe
(20" Caslng)(Wateriine) LF 30 $80 $2,400
3552 0515
3552 0516
3552 0517
3552 0518
3552 0519
3552 0520
3552 0521
3552 0522.
3552 0523
3552 0524
3552 0525
3552 0526
3552 0527
3552 0528
Haas-Anderson Bid City's Cost
Rate Cost
36100 36,100.00 $36,100.00
208.00 6,240.00 $6,240.00
Jacking or Boring Pipe
(20" Caslng){San. Sewer) LF 80 $80 $6,400 208.00 16,640.00
Cast iron or Ductile Iron
FiU~ngs TON 6 $3,900 $23,400 5,960.00 35,760.00
Pipe (8" San. 0'~' Cut) LF 40 $30 $1,200 24.00 960.00
Pipe (8" San. 6'-5' Cut) LF 345 $35 $12,075 26.00 8,970.00
Pipe (8' San. 8'-10' Cut) LF 115 $40 $4,600 28.40 3,266.00
Pipe (8' San.10'-12' Cut) LF 75 $45 $3,375 30.50 2,287.50
Pipe ((12' San. 0'~' Cut) LF 430 $33 $14,190 33.00 14,190.00
Pipe (12" San. 6'-8' Cut) LF 640 $38 $24,320 35.00 22,400.00
Pipe (12" San.5'-10' Cut) LF 345 $43 $14,835 37.50 12,937.50
Pipe (12" San. 10'-12' Cut) LF 130 $48 $6,240 44 30 5,759.00
Pipe (12' San. 12'-14' Cut) LF 205 $60 $12,300 47.75 9,788.75
PIpe (12' San 14'-16' Cut) LF 210 $75 $15,750 55.45 11,644.50
Pipe (30" San, Sewer, 8'-10'
cut) LF 205 $55 $11,275 150.00 30,750,00
Manhole(Fiberglas4 San,
Sewer.5 Ft. Dia.) EA 9 $2,900 $26,100 8,530.00 76,770.00
$35,760.00
6of7
3552 0829
3552 0530
3552 0531
3552 0532
3552 0534
3552 0535
3552 0536
3552 0537
Manhole VeflJcal Extension LF 12 $550 $6,600 640.00 7,680 00
Manhole Adjuslment (San.
Sewer) EA 2 $2,500 $5,000 3,410.00 6,520.00
Manhole Top.seal (San
Sewer) EA 8 $1,800 $14,400 630.00 5,040.00
Pipe(8" San, Sewer
Cleanout) EA 4 $958 $3,800 511.00 2,044.00
Grout (Existing 30' Casing)
Watedine LF 70 $19 $1,330 125.00 8,750.00
Gro~.,t (Exis[ing 12" San.
Sewer) LF 1,875 $10 $16,750 11,40 21,375.00
Gro~ (Exlsfdng 27" San.
Sewer) LF 165 $19 $3,135 57.0~ 9,405.00
Special Stfuc/ure (Storm
Sewer Crossing) EA 1 $4,600 $4,600 4,660.00 4,660.00
$8,750.00
3552 0538
3552 0539
35520540
35520541
35470501
35650501
3585 0501
35850502
35850503
35850504
3586 0505
3586 0501
3586 0502
3586 0503
4918 0506
4998 0501
50050504
50050505
5005 0506
Pipe (6 inch PVC Waterline LF 75 $25 $1,875 18.00 1,350.00
Pipe (6 inch Ducb]e Iron
Waterline) LF 74 $40 $2,960 24.00 1,776.00
Pipe (12 Inch Ductile Iron
Watedine) LF 105 $50 $6,300 37.50 3,937.50
Valve (8' Gate w/13ox) EA 4 $900 $3,600 930.00 3,720.00
Wick Drains LF 1,650,835 $0.50 $825,418 0.38 627,317.30
Strip Drains LF 270,652 $0.69 $186,080 0.74 200,282.48
Type III Geogdd SY 45,154 $2.90 $150,889 1.63 73,56,8.42
Type IV Gsogdd SY 26,286 $3.60 $94,630 2.25 59,143.50
Type V C-eogdd SY 67,015 $5.15 $345,127 2.65 1771589.75
Type VI Geogrid SY 6~,789 $6.00 $412,734 3.32 228,379.48
Type VII Geogdd SY 16,062 $7.60 $122,071 4.09 65,693.58
Ty II Geogrid - Sand
Platform SY 272,036 $2.20 $598,479 3.47 943,964.92
Ty II Geogrid - Base SY 297,352 $2.20 $654,174 3.66 1,088,308.32
Ty II Gsogrid- Sub-Ballast SY 67,201 $2.20 $147,642 4.13 277,540.13
In[erloc A~ Blocks (6'
w/cables) SF 34,528 $6.00 $207,168 4.06 140,183.68
Remove & Replac~ RR
Track LF 440 $150.00 $66,000 35.50 15,620.00
Rock Filt~ Dams ~ 2) LF 1,571 $23.86 $37,485 17.60 27,649,60
Rock Filters Dams (Remov
& Replac) (TY 2) LF 667 $21.00 $14,007 17.60 11,739.20
Rock Filter Dams (Rernov)
(TY 2) LF 1,571 $9.41 $14,779 13.60 21,365.60
$1,350.00
$1,776.00
$3,937.50
$3,720.00
Exhibit B
Page 7 of 8
7/8/2004 6:33 AM
~em No.
5010 0501
5010 0502
5010 0503
5012 0505
5012 0511
5249 0501
5249 0502
5249 0503
5819 0502
6670 0502
7008 0537
7609 0501
Dascdpflon Unit
Construct Exit (TY 1 ) SY
Conslruc~ Exl[ (Remov &
Rep~ac)(TY 1 ) SY
Construct Exit (Remov) (TY
1) SY
Eadhwc~k (Erosion Con[)
(el 2) CY
Bkh Wrk or Frei End Ldr
Wrk (EC) (CL1) HR
Temp Sedm[ Cont Fence LF
Ternp Sedm[ Con[ Fence
(Remove & Rep[ac) LF
Temp Sedml Cont Fence
(Remov) LF
Single G~rail Term (TY 11) EA
Port Change Mes sgn (Type
II) DAY
Rem/Repl Sleet Post
w/Co~c Frld EA
Thermop~as Pipe (TYII Bkfl)
(HDPE) (12in) LF
Sub Total ConstrucUon
C~sts
T~DOT E & C Ieee @1%
Total C~st to CRy for
Waterline
Fulton Corridor Bid
City Waterline Costs
Engineer's Estimate
Qty. Est. Rate Engr. Coel
667 $13.78 $9,193
667 $15.00 $10,005
667 $6.00 $4,002
304 $25.00 $7,600
309 $54.91 $16,966
46,299 $3.05 $140,992
41,0~1 $2.50 $102,653
46,299 $1.05 $48,658
6 $1,970.043 $11,820
120 $156.33 $18,760
107 $5.00 $535
46 $20.00 $920
$33,007,104
Haas-Anderson Bid
Rate Coat
17.00 11,339.00
28,40 18,942.80
17,00 11,339.00
11.35 3,450.40
34.00 10,506.00
1.75 81,023.25
1.75 71,856.75
0.75 34,724.25
2,840.00 17,040.00
85.00 10,200.00
195.00 20,885.00
55.00 2,530.00
$37,698,518.24
City's Cost
$369,648.00
$3,696.48
$373,344.48
70f7
Exhibit B
7 Page 8 of 8
FTle : ~Mprojecf\councUexhibits~exh8447. dwg
N
TRADE CORRIDOR
ROUTE
NUECES BAY
CITY PROJECT No. 8447
LOCATION IV~AP
NOT TO SCALE
EXHIBIT "C"
JOE FULTON INTERNATIONAL TRADE CORRIDOR
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINE[RING SERVICES
PAGE: 1 ol= 1
DATE: 07-22-2004
17
AGENDA MEMORANDUM
DATE: Ju1¥27, 2004
SUBJECT: Mary Carroll Channel Improvements Phase I
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
Garrett Construction of Ingleside Texas in the amount of $129,721.50 for the Mary Carroll
Channel Improvements Phase 1.
ISSUE: Property development within the Mary Carroll Channel drainage basin is
generating increased upstream runoff and flooding downstream property. This project is
the first of four phases of work planned to address adverse conditions in this area by
improving channel drainage.
FUNDING: Funds for this project are available in the Fiscal Year 2003-2004 Storm Water
Operational Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
'~(~el'~-.-. Escobar, P. E.,
Director of Engineering Servicos
Additional Sul3Dort Material:
Exhibit "A' Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tap
Exhibit "D" Location Map
BACKGROUNDINFORMATION
SUBJECT: Mary Carroll Channel Improvements Phase 1
(Project No. 2047)
PRIOR COUNCIL ACTION:
1. February 9, 1999 - Motion authorizing lhe City Manager, or his designee, to award a
Contract for Professional Services to JR Thompson Engineering in the amount of
$405,500 for the following projects:
· Glen Arbor and Crossgate Subdivision Drainage Improvements
· Mary Carroll Channel Widening From Rodd Field Road to Oso Creek
· Drainage System Water Quality Improvements, and
· Sanitary Sewer Installation in Developed Areas: Bass Subdivision
(Motion No. M99-040)
2. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget
for $173,624,300 (Ordinance No. 025647).
PRIOR ADMINISTRATIVE ACTION:
1. April 8, 1999 - Administrative approval of Amendment No. 1 to a Contract for
Professional Services with JR Thompson Engineering at no cost for the following
projects:
· Glen Arbor and Crossgate Subdivision Drainage Improvements
· Mary Carroll Channel Widening From Rodd Field Road to Oso Creek
· Drainage System Water Quality Improvements, and
· Sanitary Sewer Installation in Developed Areas: Bass Subdivision
2. Mav 10. 1999 - Administrative approval of Amendment No. 2 to a Contract for
Professional Services with JR Thompson Engineering for an amount not to exceed
$10,000 for the following projects:
· Glen Arbor and Crossgate Subdivision Drainage Improvements
· Mary Carroll Channel Widening From Rodd Field Road to Oso Creek
· Drainage System Water Quality Improvements, and
· Sanitary Sewer Installation in Developed Areas: Bass Subdivision
3. Januarv 6, 2000 - Administrative approval of Amendment No. 3 to a Contract for
Professional Services with JR Thompson Engineering for an amount not to exceed
$11,300 for the following projects:
· Glen Arbor and Crossgate Subdivision Drainage Improvements
· Mary Carroll Channel Widening From Rodd Field Road to Oso Creek
· Drainage System Water Quality Improvements, and
· Sanitary Sewer Installation in Developed Areas: Bass Subdivision
EXHIBIT "A" I
Page 1 of 2
PROJECT BACKGROUND: The Mary Carroll Channel is the major drainage ouffall for a
large portion of the newly developing area of the south side of Corpus Chdsti. Continuing
development within the drainage basin is increasing the flows thru the Carroll Channel.
Flooding has been increasing in the area of the channel from Rodd Field Road
downstream to the South Fork Subdivision where Oso Parkway crosses the channel. The
existing channel is too small to accommodate the runoff it is receiving.
In the Carroll Channel Drainage Improvement report complete in January 2000, several
improvements were identified to help relieve the flooding conditions. These improvements
have been included in the City's Storm Water Capital Improvement program under several
different phases to facilitate construction. This project will address phase one of the
channel improvements. Future phases will include:
· Widening of the channel near Rodd Field Road
· Increasing the openings of Oso Parkway Crossing
· Cleadng of a downstream ouffall channel
PROJECT DESCRIPTION:
Phase one of this project consists of construction of approximately 726 linear feet of new
40-foot wide fiat-bottom drainage channel with 1:1 side slopes. Improvements will be
located upstream of the Oso Parkway Bridge adjacent to Greenfield Park and beginning
immediately upstream of the Oso Parkway Crossing.
BID INFORMATION: This project consists of one total base bid. The City received
proposals from throe (3) bidders on July 14, 2004. (See Exhibit "B" Bid Tabulation.) The
bids ranged from $129,721.50 to $179,494.90. The Engineer's Construction estimate is
$112,000.
One bid, from Love Enterprises, was deemed non-responsive because of failure to propedy
identify the project in their bid bend. However, this did not affect the pdority bid order.
Therefore, JR Thompson Engineering, the City's NE consultant and city staff, recommend
that based on Iow bid and past satisfactory experience with City projects of a similar
nature, that a construction contract be awarded to Garrett Construction of Ingleside, Texas
in the amount of$129,721.50 for the Mary Carroll Channel Improvements Project Phase 1.
CONTRACT TERMS: The contract specifies that the project will be completed in 60
calendar days, with completion anticipated by October 2004.
EXHIBIT "A"I
Page 2 of 2
MARY CARROLL CHANNEL IMPROVEMENTS PHASE 1
PROJECT BUDGET
July 27, 2004
FUNDS AVAILABLE:
IStorrn Water Capital Improvement Budget
FUNDS REQUIRED:
Construction Cost (Garre~t Construction)
Construction Contingencies
Inspection
Engineering Reimbursements
Administrative Reimbursements
Incidental Expenses (Printing, Advertising. etc.)
Total ..................................................................................................... $
ESTIMATED
BUDGET
270,171.50
$ 129,721.50
129,700.00
5,000.00
3,500.00
1,250.00
1,000.00
270,171.50
EXHIBIT "B"
Page I o[ 1
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS Ch~3S T1
TABULATED BY: J. IL THOMPSON P.E. Project Cor~lfing Engineer
DATE: July 14, 2004 TIME OF COMPLETION:
60 DAYS
MARY CARROLL CHANNEL IMPROVEMENTS, PHASE 1
ITEM DESCR3PTION QUAN 11 ! ¥ UNIT
Al Cl~mel Excavation 726
40' w~de per Linem- Foot
3.2 Silt F~ce 53 LF.
p~r Linear Foot
A3 Seeding f~r Er~si~ Control 530 S.Y.
~ S~uar~ Yard
Total Base Bid aA"
GARRETf CONSTRUCTION CO
P,O. Box 1028
hagleside, Tx 78362
UNIT PRICE AMOUNT
S172.00 $124,872.00
$6,00 $318.00
$8.55 $4,531.50
CARY CONSTRUCTION
P.O. Box 554
Point Comfort, Tex~
UNIT PlaICE AMOUNT
$202.50 $147,015.00
$20.00 $1,060,00
S~.00 $4,240.00(1 )
$15~31~.00(1)
LOVE ENTERPRISES
5349 County Road 73A
Robstown, Tx 78380
UNiT PRICE
$243,15
$16.00
AMOUNT
$176,526.90
$848.00
$2,120.00
Note (1) Error in extension on proposal form does not effect low bidder
Page I of 1
PROJECT SITE
city P~OdECT No. 2047
Park
O~O
LOCATION MAP
NOT TO SCALE
EXHIBIT "O"
MARY CARROLL CHANNEL IMPROVEMENTS PHASE 1
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
D~£~ OF ENGINE~IN¢ SER~C~
PAGE: I of 1
DATE: 07- 19-2004
18
CITY COUNCIL
AGENDA MEMORANDUM
DATE: July 27, 2004
SUBJECT: One-Way School Zone Traffic Pattern
at Lozano Elementary School
AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 -
Traffic, Section 53-250 - Schedule I, One-way Streets and Alleys, Section (a-l)
School Areas, by establishing a one-way traffic pattem on the following street
sections during the school hours of Lozano Elementary School:
1. Westbound one-way pattem on Aztec Street between Blake Street and
Osage Street.
2. Northbound one-way pattern on Osage between Aztec Street and
Baldwin Boulevard.
Providing for Penalties; Providing for Severance; Providing for Publication; and
Declaring an Emergency.
ISSUE: Lozano Elementary School officials have requested the placement of
one-way westbound traffic circulation during school hours to enhance the safety
of the loading and unloading of school children along the curb adjacent to the
south side of the school. The City will implement the new direction of travel by
installing appropriate traffic signs upon City Council approval.
REQUIRED COUNCIL ACTION: One- way traffic patterns on any public street
or alley must be approved by the City Council.
RECOMMENDATION: Approval of the proposed ordinance as presented.
[~'~ngel R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL:
1. Exhibit A- Background Information
2. Exhibit B - Site Map
(One-Way School Zone Traffic Pattern a[ Lozano Elementary School)
Page I of 3
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
The administration of Lozano Elementary School has requested that the City
study the feasibility of conver/ing Aztec Street to one-way between Blake Street
and Osage Street along the south side of the school. Currently, Osage Street,
along the west side of the school, is designated as one-way northbound dudng
the morning and afternoon. However, the Code of Ordinances incorrectly
designates Osage as westbound one-way. The ordinance corrects this error.
Conflicts of two way traffic and students crossing two-way Aztec Street when
they are dropped off or picked up on the opposite side of the street from the
school are the reasons for the request.
Staff's analysis of the traffic conditions at this school have included interviews
with school officials and parents of students, detailed traffic counts, examination
of related traffic accident experience and discussions with abutting residents.
One-Way Street Criteria. Traffic Engineering has three objectives for
implementation of one-way school zone traffic pattems: (1) improved student
pedestrian safety (2) reduction of school-related traffic congestion, and (3) little or
no impact of redirected traffic on abutting neighborhood streets. Based on the
observed traffic conditions and ordinary occurrence of these conditions
throughout the school year, Staff is confident that the proposed one-way traffic
pattem on Aztec Street will satisfy these requisite conditions.
Traffic Demand. Aztec Street is a residential street, typically 24 feet in width,
but the segment from Osage to Blake is 34 feet in width_ The additional width
makes an attractive curbside parking area for pick-up and drop-off activity.
Traffic volume on this segment of Aztec averages 800 vehicles per day. The
westbound movement is predominant dudng both the moming and afternoon
school access/egress periods.
Pedestrian traffic was also counted at the intersection of Aztec and Osage.
Some 23 pedestrians crossed Aztec during the 7:15 to 8:15 morning school
ardval pedod, while over 40 pedestrians crossed Aztec dudng the 2:45 to 3:45
aftemoon school departure period.
Impact on Neighborhood Streets. The probable traffic impact of the proposed
one-way traffic pattern on neighboring streets considers the volume of traffic
presently traveling in the opposing direction of the proposed one-way pattem.
Because the heaviest direction of travel on Aztec occurs in the direction of the
(One-Way School Zone Traffic Pattern at Lozano Elementary School)
Page 2 of 3
one-way proposal, detouring of traffic from the opposing direction dudng the
applicable periods would be minimal. The total volume of detoured traffic from
eastbound Aztec during the one-way pattern pedods would be approximately 20
in the moming and 20 in the afternoon.
Impact on Access to Development. Lozano Elementary lies along the north
side of Aztec. The Corpus Christi lSD owns the property along the south side of
the street.
Prior Council Action: Council previously approved the one-way traffic pattern
for Osage Street.
Review by Transportation Advisory Committee: The Transportation Advisory
Committee has reviewed the staff recommendation and unanimously voted to
recommend approval to the City Council.
(One-Way School Zone Traffic Pattern at Lozano Elementary School)
Page 3 o[ 3
LOZANO
ELEM. SCH.
SUBJECT: PROPOSED ONE-WAY
CHANGE FOR AZTEC STREET
SITE MAP
Traffic Engineering Div.
Engineering Ser¥ices Dept.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-250, SCHDULE I, ONE WAY STREETS
AND ALLEYS, SECTION (A-I) SCHOOL AREAS, BY
ESTABLISHING A ONE-WAY TRAFFIC PATTERN ON THE
FOLLOWING STREET SECTIONS DURING THE SCHOOL
HOURS OF LOZANO ELEMENTARY:
1. Westbound one-way pattern on Aztec Street between Blake
Street and Osage StreeL
2. Northbound one-way pattern on Osage Street between
Aztec Street and Baldwin Boulevard.
PROVIDING FOR PENALTIES;PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 53-Traffic, Section 53-250, Schedule I, One way streets and
alleys, Section (a-l) School areas, by establishing a one way traffic pattern on
the following street sections dudng the school hours of Lozano Elementary:
1. Westbound one-way pattem on Aztec Street between Blake
Street and Osage Street.
2. Northbound one-way pattern on Osage Street between
Aztec Street and Baldwin Boulevard.
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53-250. Schedule I, One way streets and alleys.
(a-l) School areas.
H:~LEG -DIR~Joseph\Ord-Trf-LozanoEl.doc
Street or Direction
Portion of Street of Traffic
Aztec Street, from Blake Street to Osage Street .......... Hc~h West
Osage Street, from Aztec Street to Baldwin Boulevard...VVest-North
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 hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Chdsti as required by the City Charter of the City of Corpus
Christi.
SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
SECTION 5. That upon written request of the Mayor or five council members,
copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such
finding of an emergency is made and declared requiring suspension the Charter
rule as to consideration and voting upon ordinances at two regular meetings so
that this ordinance is passed and shall take effect upon first reading as an
emergency measure this the 27th day of July, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form
Joseph ~arney 0
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
H:~LEG-DlRXJoseph\Ord-Trf-LozanoEl.doc
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
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
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~LEG-DIRUoseph\Ord-Trf-Loz~noEl.doc
19
CITY COUNCIL
AGENDA MEMORANDUM
DATE: July 27, 2004
SUBJECT: One-Way School Zone Traffic Pattern
at Tuloso Intermediate School
AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 -
Traffic, Section 53-250 - Schedule I, One-way Streets and Alleys, Section (a-l)
School Areas, by establishing a one-way traffic pattem on the following street
sections during the school hours of Tuloso Intermediate School:
1. Southbound one-way pattem on Ovedand Trail between Oregon Trail
and Goodnight-Loving Trail.
ISSUE: On May 17, 2004, Tuloso-Midway lSD formally requested the City to
establish a one-way direction of traffic on Ovedand Trail between Oregon Trail
and Goodnight-Loving Trail during school hours of the new Tuloso-Midway
Intermediate School. This one-way pattem is to be implemented in a southbound
direction from 7:15 a.m. to 8:15 a.m. and from 2:30 p.m. to 3:30 p.m.
REQUIRED COUNCIL ACTION: One- way traffic pattems on any public street
or alley must be approved by the City Council.
RECOMMENDATION: Approval of the proposed ordinance as presented.
/)'6.rCge. I R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL:
1. Exhibit A- Background Information
2. Exhibit B - Site Map
(One-Way School Zone Traffic Pattem at Tuloso Intermediate School)
Page 1 of 3
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
The administration of Tuloso-Midway Intermediate School has requested that the
City study the feasibility of converting Ovedand Trail to one-way southbound
between Oregon Trail and Goodnight-Loving Trail along the west side of the
school.
Staff's analysis of the traffic conditions at this school have included interviews
with school officials and parents of students, detailed traffic counts, examination
of related traffic accident experience and discussions with abutting residents.
One-Way Street Criteria. Traffic Engineering has three objectives for
implementation of one-way school zone traffic patterns: (1) improved student
pedestrian safety (2) reduction of school-related traffic congestion, and (3) little or
no impact of redirected traffic on abutting neighborhood streets. Based on the
observed traffic conditions and ordinary occurrence of these conditions
throughout the school year, Staff is confident that the proposed one-way traffic
pattern on Aztec Street will satisfy these requisite conditions.
Traffic Demand. Ovedand Trail is a residential street, typically 40 feet in width,
with parking allowed on both sides of the street. Ovedand Trail is essentially one
block long, with cul de sacs on either end beyond Gocdnight-Loving and Oregon,
and thus only serves the school and the residences across the street.
Impact on Neighborhood Streets. Ovedand Trail is a one-block residential
street with two streets serving as collectors at either end. Thus, creating a one-
way travel pattern will make traffic destined for this segment of street to enter
form Oregon and exit onto Goodnight-Loving, both of which provide direct access
onto Rand Morgan Road.
Impact on Access to Development. This one-way circulation pattern for two
hours in the morning and in the afternoon will require traffic accessing the school
site form the south on Rand Morgan to turn left onto Oregon, rather than either
Oregon or Goodnight-Loving. This concentration of school traffic left tums could
potentially cause queues on the two-lane northbound Rand Morgan at Oregon,
depending on the availability of gaps in the opposing direction on Rand Morgan.
Rand Morgan is proposed to be improved by TxDOT to a multi-lane section
sometime after 2006, which would relieve whatever delays may be experienced
do to left tums onto Oregon and Goodnight-Loving.
(One-Way School Zone Traffic Pattem at Tuloso Intermediate School)
Page 2 o[ 3
Prior Council Action: Since 1966, prior City councils have approved one-way
school zone traffic pattems on 43 street sections at 35 elementary and middle
school zones in Corpus Christi.
Review by Transportation Advisory Committee: The Transportation Advisory
Committee has reviewed the staff recommendation and unanimously voted to
recommend approval to the City Council.
(One-Way School Zone Traffic Pattern at Tuloso Intermediate School)
Page 3 of 3
File .' \Mproject\councilexhibits~exhB-ONEWAY. dwg
LOCATT_ON MAP
NOT TO SCALE
II
,,,
EXHIBIT "B"
TULOSO MZDWAY ZNTERMEDZATE SCHOOL
ONEYIAY STREET DED£CATZON
ClT)' OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING S£R~4C£S
PAGE: I ot= 1
DATE: 07-22-2004
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-250, SCHDULE I, ONE WAY STREETS
AND ALLEYS, SECTION (A-l) SCHOOL AREAS, BY
ESTABLISHING A ONE-WAY TRAFFIC PA'I-I'ERN ON THE
FOLLOWING STREET SECTION DURING THE SCHOOL HOURS
OF TULOSO-MIDWAY INTERMEDIATE SCHOOL:
Southbound one-way pattern on Overland Trail between
Oregon Trail and Goodnight-Loving Trail.
PROVIDING FOR PENALTIES;PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION '1. That the Code of Ordinances, City of Corpus Chdsti is amended by
amending Chapter 53-Traffic, Section 53-250, Schedule I, One way streets and
alleys, Section (a-l) School areas, by establishing a one way traffic pattern on
the following street section dudng the school hours of Tuloso-Midway
Intermediate School:
Southbound one-way pattem on Overland Trail between Oregon
Trail and Goodnight-Loving Trail.
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53-250. Schedule I, One way streets and alleys.
(a-l) School areas.
Street or
Portion of S~eet
Overland Trail, from Oreqon Trail to Goodniqht-Lovinq Trail....South
Direction
of Traffic
H:~LEG-DIRUoseph\Ord-Trf-TM-InterScl.doc
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 hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus
Chdsfi.
SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
SECTION 5. That upon wTitl, en request of the Mayor or five council members,
copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such
finding of an emergency is made and declared requiring suspension the Charter
rule as to consideration and voting upon ordinances at two regular meetings so
that this ordinance is passed and shall take effect upon first reading as an
emergency measure this the 27th day of July, 2004.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved
as to legal form V ,,~/~
Joseph
Assistant City Attomey
For City Attomey
2004.
H:~LEG-DIR~Joseph\Ord-Trf-TM-lnterScl.doc
Corpus Chdsti, 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: 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 Chdsfi
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
HSLEG-DIRXJoseph\Ord-Trf-TM-InterScl.doe
20
AGENDA MEMORANDUM
July 21, 2004
AGENDAITEM:
Motion approving the reimbursement application submitted by Fellowship of Oso
Creek, Owner and Developer of Lots 14, 15 and 16, Section 25, Flour Bluff Encinal
Farm & Garden Tract for the installation of 1,971 linear feet of a 12-inch PVC water
distribution main; and
Ordinance appropriating $51,568.60 from the Water Distribution Main Trust Fund
No. 4030-540450 to pay developer reimbursement request for the installation of
1,971 linear feet of a 12-inch PVC water distribution main to develop Lots 14, 15
and 16, Section 25, Flour Bluff Encinal Farm & Garden Tract; and declaring an
emergency.
ISSUE: The Fellowship of Oso Creek, ov~er and developer of Lots 14, 15 and 16, Section
25, Flour Bluff Encinal and Farm & Garden Tract, has completed construction of public
improvements required by the issuance of a Building Permit and is requesting
reimbursement for the installation of a water distribution main within the Yorktown
Boulevard right-of-way in accordance with the Platting Ordinance requirements.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as
presented.
ment Services
A-I-rACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Exhibit C-1
Exhibit D
Exhibit D-1
Background Information
Location Map
Reimbursement Application-water line
Application for Waterline Credit
Calculations of Land Owner's Participation and Reimbursement
Bid Items Description List
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development of Lots 14, 15 and 16, Section 25, Flour Bluff Encinal
Farm & Garden Tract required a total extension of 1,971 linear feet of a 12-inch PVC water
distribution main along the north side of Yorktown Boulevard. The water line ties to the
existing 12-inch water line previously installed up to the intersection of Yorktown Boulevard
and Rodd Field Road. (See Exhibit B - Location Map).
The Fellowship of Oso Creek, owner and developer of Lots 14, 15 and 16, Section 25,
Flour Bluff Encinal Farm & Garden Tract has completed construction of a 12-inch PVC
disthbution main within the Yorktown Boulevard right--of-way. Public improvements were
triggered by the developer's application of a Building Permit to construct the Fellowship of
Oso Creek Church building. The developer is requesting reimbursement for the installation
of the water distribution main in accordance with the Platting Ordinance requirements in
effect during the initial phase of the project.
The development of Lots 14, 15 and 16, Section 25, Flour Bluff Encinal Farm & Garden
Tract started in March of 2002, when the project was discussed with City Staff.
Construction of this project was delayed due to difficulties in obtaining easements across
adjacent properties for the installation of the water line improvements and determinations
of future roadway alignments and ultimate dght-o[-way needs for Rodd Field Road and
Yorktown Boulevard. City Staff is in agreement that the reimbursement for this project fall
under and complies with Platting Ordinances prior to the revisions implemented in August
of 2003 in which the developer can not request a reimbursement until an arterial
transmission main or gdd main construction and reimbursement agreement has been
approved by the City Council before the developer starts construction.
Application for reimbursement has been made in accordance with provisions of the Platting
Ordinance as indicated. The Application for the distribution main reimbursement and
supporting cost documentation are attached (see Exhibit C, Reimbursement Application
and C-1 Application for Water Line Credit).
CITY ACCEPTANCE: All work is completed, the distribution main improvements have
been inspected and accepted by the City for operation and maintenance.
IExhibit A
Page 1 of 1
ViOINIT~ ~AP
SCALE: 1"=2000'
Slouqh Rd
LOT 14-
SECTION 25
Yorktown Blvd.
1971 LF. 12"e GRID MNN
(County Rd 24)
j Drainage Ditch No. 51
o I LOr /
~ ~2-,~~__ / lC. ~ CRIO
_/___
YORKTOWN BLVD
LOCATION MAP
SCALE: 1"=500'
LOT 1 5
"----'~LOT14,SECTION 25
Bass & Welsh Engl~een'ng
~05~ ~. Nom~ St.
~us ~fisti, Tx. 78~ ~OUR BLU~ ~ ENCI~ F~M ~ ~DEN ~C~
(561) ~2-5521 (phone) 2"~
.~ (~s~) ~-~2s5 (~.~) 1 GRID MAIN REIMBURSEMENT
Jo~ N~' O10~1
E~e: ~S SHO~
Dote: 7-16-04
Dm~g Nm' RI31dSld.~P2
P/o tsc~' 1-1
Sheet 1 of 1
APPLICATION FOR WATER LINE REIMBURSEMENT
We, Fellowship of Oso Creek developer of Lot 14, Section 25, Flour Bluff Encinal Farm & Garden Tract
Subdivision, hereby request reimbursement of $51.568.60 for the installation of the water grid main in conjunction
with Development of said Lot 14 Subdivision as provided for by City Ordinance No. 17396. Said $51,568.60 is the
construction cost, including 7.5% Engineering, in excess of the lot/acreage fee, as shown by the cost of supporting
documents attached herewith.
Fellowshio of Oso Creek , Owner
Joh~ T. Bradshaw
THE STATE OF TEXAS §
Title: Pastor
COUNTY OF NUECES §
(/~-t~This instrument was acknowledged before me on (~-~t~// ] q ,20 tg/~, by
,r/ 7~, ~2Jr~l/.~/,~/~ ) a Texas Corporal, on behalf of the said corporation.
~ ) :"~/ ~ Ngtary ~.~ in and for The State of Texas
CERT~ICATION
The information submitted with this application for reimbursement has been reviewed and determined
to be correct. Reimbux~ement is subject to:
(a) sufficiency of funds in the (Distribution Main) (Grid and Arterial Main) Trust Fund, and
Co)
appropriation and approval by the City Council.
/
/~or o~f Engineering SetMces
(City Engineer)
(Date)
01091-A129t Water Line Re[mbursement.wpd
APPLICATION FOR WATER LINE CREDIT
We, Fellowship of {Dso Creek, developer of Lot 14, Section 25. Flour Bluff & Encinal Farm & Garden Tracts
Subdivision, hereby apply for $10,058.68 credit towards the water lot/acreage fee for the Grid Main extension
installed in conjunction with Development of said Lot 14 Subdivision as provided for by City Ordinance No.
17092. Said $ 51 ~6,8.60 is the constraction cost, including 71/2 % Engineering, as shown by the cost of supporting
documents attached herew/th.
Fellowshiv ofOsoCreek .Owner
J~l~a T. Bradshaw
Title: Pastor
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ~+~L~t~ /t~
CERTLFICATION
Not ?~ n d f~rc r~l~Z~ ~t e of Texas
The information submitted with this application has been reviewed and determined to be correct and a
credit of $~ he.with approved:
ngineering Services (Date)
(City Engineer)
01091-Apl:fl. Water L~m Cteflit Form.wlxt
CALCULATIONS OF LAND OWNER'S PARTICIPATION & REIMBURSEMENT
12~ GRID MAIN EXTENSION
YORKTOWN BOULEVARD
SIZE OF TRACT
UNIT PRICE FOR WATER ACREAGE FEE, RESIDENTIAL
TOTAL ACREAGE FEE
19.4183
$ 518.00 /AC
$ 10,058.68 '/
TOTAL CONTRACT PRICE
ENGINEERING ("PA%)
TOTAL
LESS ACREAGE FEES
RFJMBURSEMENT
$ 57,327.70
$ 4,299_58
$ 61,627.28
$ 10,058.68
$ 51,568.60
O1091 -Calculations of Land Ownerxls
Oso Creek Fellowship
Backhoe Lease Service, Inc.
To: Fellowship of Oso Creek
c/o Bass & Welsh Engineering
Date: 6-23-2004
Bid
Item
Item
Description
WATER IMPROVEMENTS
1
2
3
4
5
6
7
8
9
10
11
12'
12" PVC (C-900)
12" x 6" D.I Tee
6" MJ DI Bend
16 x 12 Tapping Saddle w/12" Tapping Vatve
6" Gate Valve & Box
12" Gate Valve & Box
6" x 18" Nipples
Fire Hydrant
12 x 2 Cap w/Test Riser
Pavement Repair
Single Long Service Conn
12" DI MJ 45 Bend
WATER SUB-TOTAL
Unit Extended
Unit Price Amount
1,971 LF 18.70
5 EA 350.00
5 EA 200.00
1 EA 3,000.00
5 EA 500.00
2 EA 1,100.00
5 EA 200.00
5 EA 1,200.00
2 EA 250.00
12 SY 30.00
2 EA 380.00
4 EA 350.00
36,857.70
1,750.00
1,000.00
3,000.00
2,500.00
2,200.00
1,00Q00
6,000.00
500,00
360,00
760.00
1,400,00
57,327.70
BACKHOE LEASE SERVICE, INC.
PO BOX 81544
Corpus Christi, Tx 78468
Invoice #
24118
PROJECT TOTAL
57,327.70
AN ORDINANCE
APPROPRIATING $51,568.60 FROM THE ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030-
540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST
FOR THE INSTALLATION OF 1,971 LINEAR FEET OF A 12-
INCH PVC WATER DISTRIBU'nON MAIN TO DEVELOP LOTS
14, 15, AND 16, SECTION 25, FLOUR BLUFF ENClNAL FARM
AND GARDEN TRACT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $51,568.60 from the Artedal Transmission and Gdd Main
Trust Fund No. 4030-540450 is appropriated to pay developer's (Fellowship of
Oso Creek) reimbursement request for the installation of 1,971 linear feet of a
12-inch PVC water distribution main to develop Lots 14, 15, and 16, Section 25,
Flour Bluff Encinal Farm and Garden Tract.
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 shall take effect upon first reading as an emergency this the 27th day
of July, 2004.
Al-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED ~.~' .~..~ ,2004.
J
City Attomey
Corpus Christi, Texas
H:XLEG-DIR~Joseph\Ord-appr-OsoCrk.doc
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: 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 Chdsti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry GarTett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~LEG-DIRX. loseph\Ord-appr-OsoCrk.doc
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 7/27/04
AGENDA ITEM: Resolution authorizing the City Manager or the City Manager's designee
to execute all necessary documents for continued financial assistance for beach cleaning
and maintenance on North Padre and Mustang Islands during FY 2003-2004 under the
Texas General Land Office's Cleaning and Maintenance Assistance Program.
ISSUE: The Texas General Land Office requires the annual submission of an application
for financial assistance to local governments for beach maintenance.
REQUIRED COUNCIL ACTION: City Council must authorize all contracts that exceed
$15,000.
PREVIOUS COUNCIL ACTION: Resolution 025415 authorized continued financial
assistance through the Texas General Land Office for beach cleaning, police patrols
and life guarding at Padre Island during the 2004 state fiscal year was approved by
City Council on August 19, 2003.
CONCLUSION AND RECOMMENDATION: Staff recommends City Council authorize fl3e
City Manager or his designee to apply for continued financial assistance through the Texas
General Land Office for beach cleaning, life guarding, and police patrols at Padre Island
and to execute all necessary documents in connection with the reimbursement application
se, Assistant City Manager/
Interim Director of Park and Recreation
Attachments: Background
Resolution
BACKGROUND INFORMATION
The Texas General Land Office administers the Beach Maintenance Fund to partially
reimburse cities and counties for beach cleaning, lifeguards, and safety patrol services. The
City Council must annually approve submission of the reimbursement application to the state
for beach cleaning and life guarding reimbursement and authorize the City Manager to execute
all necessary documents. The application will provide financial assistance to the City for the
2005 state fiscal year.
The Beach Maintenance Fund Program reimburses cities and counties by a formula that
distributes a finite budget of $940,000 each year. Of that budget the General Land Office is
authorized to take up to ten percent for administrative costs. The principal portion of the beach
maintenance appropriations, amounting to $846,000 presently is distributed among the twelve
communities that contain public beaches within their jurisdiction and have made application for
funding. Seventy-five percent of funds available for distribution shall be allocated by
determining each participant's proportionate share of total parUcipant expenditures dudng the
fiscal years preceding the year for which participant is applying for reimbursement. Twenty-five
percent of the funds available for distribution shall be allocated by determining each
participant's proportionate share of total linear footage of gulf beach which the participants will
clean and maintain pursuant to project agreements authorized in Texas AdministraUve Code,
Title 31, Part I, Chapter 25. There is a three-year averaging process for new entrants into the
pool of reimbursement requestors.
Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no
greater than two-thirds reimbursement for eligible expenses incurred in cleaning and
maintaining the beaches; however, state appropriations have always limited this
reimbursement to the range of 10 to 20 percent of actual local costs.
The City maintains 41,929 lee/of gulf beaches with esl. imated eligible expenses of $647,000.
It is anticipated that the Texas General Land Office will reimburse the City $29,000.
Page I of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
ALL NECESSARY DOCUMENTS FOR CONTINUED FINANCIAL
ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON
NORTH PADRE AND MUSTANG ISLANDS DURING FY 2004-2005
UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AND
MAINTENANCE ASSISTANCE PROGRAM
WHEREAS, the Texas General Land Office requires the annual submission of an
application for financial assistance by local govemments for beach cleaning and
maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute all necessary
documents to request continued financial assistance for cleaning and maintaining
beaches under the City's jurisdiction on North Padre and Mustang Islands during FY
2004-2005 under the Texas General Land Office's Beach Cleaning and Maintenance
Assistance Program, as provided by 31 Texas Administrative Cede Chapter 25.
A'II'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 22 July 2004
Chief,~ive Law Section
Senior Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
day of
,2004
Page 2 of 2
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
22
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 7/27/04
AGENDA ITEM:
Resolution approving the financing by the HFDC of Central Texas, Inc., of a health facility located
within the City of Corpus Christi, Texas_
ISSUE:
HFDC of Central Texas, Inc. proposes on behalf of the City of Hubbard, Texas, to issue HFDC of
Central Texas, Inc. Revenue Bonds (Lutheran Social Services of the South, Inc_, Obligated Group
Project) Series 2004, pursuant to the Health Facilities Development Act, Chapter 221, Texas Health
and Safety Code (the "Act").
Lutheran Social Services of the South, Inc. owns the Bokencamp Children's Treatment Center
located at 5517 South Alameda, Corpus Christi, Texas 78412. Funds will be used to finance and
refinance certain health facilities which include the 60 bed juvenile residential treatment center.
Section 221.030 of the Act requires that for any health facilities located outside of the City of
Hubbard, Texas to be financed with Bond proceeds, the Issuer must obtain consent to the financing
from each city, county or hospital district within which such health facilities are located_
REQUIRED COUNCIL ACTION:
City Council approval of the Resolution approving the financing by the HFDC of Central Texas,
Inc., of a health facility located with the City of Corpus Cl'u-isti, Texas.
PREVIOUS COUNCIL ACTION:
None.
FUNDING:
None.
CONCLUSION AND RECOMMENDATION:
Staff recommends City Council approval of the Resolution approving the financing bythe HFDC of
Central Texas, Inc_, of a health facility located within the City of Corpus Christi, Texas.
Ehrector of Financial Services
Attachments:
Background
Letter from McCall, Parkhurst & Horton L.L.P.
Resolution
BACKGROUND INFORMATION
HFDC of Central Texas, Inc., (the "Issuer") and Lutheran Social Services of the South, Inc. has
requested that the City of Corpus Christi consent to the financing by the Issuer of a project located in
the City of Corpus Christi, Texas.
The Issuer is acting on behalf of the City of Hubbard, Texas. The project provides funding for the
Bokencamp Children's Treatment Center, a 60 bed juvenile residential treatment center located at
5517 South Alameda, Corpus Christi, Texas 78412. This treatment center is owned and operated by
Lutheran Social Services of the South, Inc., a nonprofit corporation exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code of 1986. This is one of several projects being
financed and refinanced by the Issuer for Lutheran Social Services. Other projects being financed am
located in Austin, Bmnham, Canyon Lake, Denton, Katy, and Victoria, Texas. By combining all
these projects into one bond issue through the Issuer, Lutheran Social Services will realize
significant savings on its cost of issuance for the proposed bonds_ The fu-m of McCall, Parkhurst &
Horton L.L.P. is acting as bond counsel to the Issuer in connection with the issuance of the Bonds.
The Health Facilities Development Act requires that the consent of the City of Corpus Christi be
obtained prior to the financing of the Project with Bond proceeds. This consent is required solely for
the purposes of satisfying Section 221.030 of the Act and to enable the Issuer to proceed with the
proposed financing. The City of Corpus Christi will have no hability or obligation with respect to
the financing of these proposed bonds.
M~;CALL, PARKHURST & HORTON L.L.R
717 NORTH HAF;rc~>OD
NINTH FLOOR
July 6, 2004
Members of the City_ Council
City of Corpus Clmsti
1201 Leopard
Corpus Christi, Texas 78401
Re:
HFDC of Central Texas, Inc. Revenue Bonds (Lutheran Social Services of the South, Inc.
Obligated Group Project) Series 2004
Ladies and Gentlemen:
HFDC of Central Texas, Inc. (the "Issuer") proposes, on behalf of the City of Hubbard, Texas, to issue
the captioned bonds (the "Bonds") pursuant to the Health Facilities Development Act, Chapter 221, Texas
Health and Safety Code (the "Act") to provide funds to finance and refinance certmn health facilities consisting
of a 60 bed juvenile residential treatment center known as the Bokeneamp Children's Treatment Center located
at 5517 South Almneda, Corpus Christi, Texas 78412 (the "Project"). The facilities are owned and operated
by Lutheran Social Services oftbe South, Inc. ("Lutherma Social Services"). Lutheran Social Services is a
Texas nonprofit corporation exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of
1986 Our firm is acting as bond counsel to the Issuer in connection with the issuance of the Bonds. The use
of a single issuer will enable Lutheran Social Sermces to achieve significant cost savings with respect to the
cost of issuance of the Bonds.
Section 221.030 of the Act requires that for an)' health facilities located outside the City of Hubbard,
Texas to be financed with Bond proceeds, the Issuer must obtain a consent to the financmg from each city,
county or hospital district within wluch such health facilities are located.
Lutheran Social Services has requested the Issuer to finance the Project, which is located within the
jurisdiction of the City of Corpus Christi, Texas. Therefore, pursuant to Section 221.030 of the Act, the
consent of the City of Corpus Christi is required prior to the financing of the Project with Bond proceeds. For
your convenience, I have enclosed a proposed form of a consent resolution with the description of the Project
included
This consent is required solely ['or the purposes of satisfying Section 221.030 of the Act and to enable
the Issuer to proceed with the proposed financing of the Project with Bond proceeds This consent in no way
imposes any pasTnent or other obligations on the City oi' Corpus Christi m connection with the financing.
Therefore, on behalf of the Issuer and Lutheran Social Services we respectfully request that
consideration of adoption of the enclosed consent be placed on the agenda of the City Council of Corpus
C~isti, Texas at its next aYmlab[e meeting, and that the City Council agproYe and adopt such consent. Upon
such approval, I would also very much appreciale it if you would return three completed, originally executed
and sealed consents, resolutions to me in the self-addressed, stamped envelope enclosed for your convenience.
Please do not hesitale to contact me at (214) 754-9233 should you have any questions or comments.
Thank you very much for your cooperation and assistance.
Sincerely,
McCall, Parkhurst & Horton LL.P.
L. E. (Ted) Brizzolara, III
LEB:bc
Enclosures
RESOLUTION
APPROVING THE FINANCING BY THE HFDC OF CENTRAL TEXAS, INC. OF
A HEALTH FACILITY LOCATED WITHIN THE CITY OF CORPUS CHRISTI,
TEXAS
WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and
Safety Code (the "Act"), authorizes and empowers HFDC of Central Texas, Inc. (the "Issuer") to
issue revenue bonds on behalf of the City of Hubbard, Texas (the "Issuing Unit") to finance and
refinance the costs of health facilities found by the Board of Directors of the Issuer to be
required, necessary or convenient for health care, research and education, any one or more,
within the State of Texas and in fudherance of the public purposes of the Act; and
WHEREAS, Section 221.030 of the Act provides that the Issuer may provide for the
financing or refinancing of one or more health facilities located outside the limits of the Issuing
Unit with the consent of each city, county or hospital distdct within which such health facility is
or is to be located; and
WHEREAS, Lutheran Social Services of the South, Inc. (the "User"), a nonprofit Texas
corporation, proposes to obtain financing and refinancing from the Issuer from a portion of the
proceeds of the Issuer's bonds issued pursuant to the ACt for the costs of certain health
facilities consisting of a 60 bed juvenile residential treatment center owned and operated by the
User and known as the Bokencamp Children's Treatment Center located at 5517 South
Alameda, Corpus Chdsti, Texas 71~112 (the "Project"); and
WHEREAS, the Project will be located within the City of Corpus Chdsti, Texas (the
"City") and outside the limits of the Issuing Unit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
Section 1. The City hereby consents to the financing by the Issuer of the Project for the
purposes of Section 221.030 of the Act and approves the financing for the purposes of Section
147(0 of the Internal Revenue Code of 1986; provided that the City shall have no liability in
connection with the financing of the Project and shall not be required to take any further action
with respect thereto.
Section 2. This Resolution shall take effect immediately from and after its adoption and
it is accordingly so ordered.
ATrEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED:
Samuel L. Neal, Jr.
Mayor
Mary Kay Fischer
City Attomey
Corpus Chds[i, Texas
day o[
,2004.
The above resolulJon was passed by the following vole:
Samuel L. NeaL Jr.
Bill Kelly
Brent Chesney
Rex A_ Kinnison
Javier D. Colmenem
Jesse Noyola
Melody Cooper
Mark Scott
Hen~ Ga~e~
Armando Chapa
Ci~Secre~
LauriehM asTKay~ResoHFDC Ila
23
CITY COUNCIL
AGENDA MEMORANDUM
July 27, 2004
AGENDAITEM:
Ordinance rescinding Ordinance No. 024911 which appropriated $75,000 in the No. 3530
Street CIP Fund from the Regional Transportation Authority to construct a Bus Passenger
Facility in association with the Arcadia Lift Station Improvements; amending the FY 03-04
Capital Budget adopted by Ordinance No_ 025467 by decreasing appropriations by
$75,000.
ISSUE: Completion of year-end "housekeeping" accounting and budget transactions
require City Council authorization for various appropriations and transfers.
BACKGROUND: At fiscal year-end, vadous accounting and capital budget "house-
keeping" items are identified. These items include appropriation of interest eamings and
other revenue as well as ordinances that correct unexpected events or transactions. The
subject ordinance reduces appropriation by $75,000 as a result of a change in payment
arrangement by the Regional Transportation Authority. Transaction is for accounting
purposes and does not require any actual City fund expenditures.
REQUIRED COUNCIL ACTION:
Approval of Ordinance as submitted.
Acting Director of Management and Budget
Ordinanc~
ORDINANCE
RESCINDING ORDINANCE NO. 024911 WHICH APPROPRIATED
$75,000 IN THE NO. 3530 STRE~-I ClP FUND FROM THE REGIONAL
TRANSPORTATION AUTHORITY TO CONSTRUCT A BUS
PASSENGER FACILITY IN ASSOCIATION WITH THE ARCADIA LIFT
STATION IMPROVEMENTS; AMENDING THE FY 03-04 CAPITAL
BUDGET ADOPTED BY ORDINANCE NO. 025467 BY DECREASING
APPROPRIATIONS BY $75,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Ordinance No. 024911 which appropriated $75,000 in the No. 3530
Street ClP from the Regional Transportation Authority to construct a bus passenger
facility in association with the Arcadia Lift Station improvements is rescinded due to
change in payment arrangements by Regional Transportation Authority.
SECTION 2. That the FY 03-04 Capital Budget adopted by Ordinance No. 025467 is
amended by decreasing appropriations by $75,000.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of ,2004.
A'I-FEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: July 21, 2004
for City Attomey
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: IhNe, 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 Garret/
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
24
CITY COUNCIL
AGENDA MEMORANDUM
July 27, 2004
AGENDA ITEM:
Ordinance appropriating $160,004.87 from paving assessments in the No. 3530 Street
Capital Projects Fund to reimburse collection activity associated with voluntary paving
assessment program; amending FY 03-04 Capital Budget adopted by Ordinance No.
025647 by increasing appropriations by $160,004.87
ISSUE: Completion of year-end "housekeeping" accounting and budget transactions
require City Council authorization for various appropriations and transfers.
BACKGROUND: At fiscal year-end, vadous accounting and capital budget "house-
keeping" items are identified. These items include appropriation of interest earnings and
other revenue as well as ordinances that correct unexpected events or transactions.
Ordinance appropriates funds from interest eamings, bond proceeds and other
miscellaneous revenue. Appropriations will allow for project and reimbursement
expenditures in Fund 3530.
REQUIRED COUNCIL ACTION:
Approval of Ordinance as submitted.
Debbie Marro~
Acting Director of Management and Budget
Ordinanoe
ORDINANCE
APPROPRIATING $160,004.87 FROM PAVING ASSESSMENTS
IN THE NO. 3530 STREET CAPITAL PROJECTS FUND TO
REIMBURSE COLLECTION ACTIVITY ASSOCIATED WITH
VOLUNTARY PAVING ASSESSMENT PROGRAM; AMENDING
FY 03-04 CAPITAL BUDGET ADOPTED BY ORDINANCE
025647 BY INCREASING APPROPRIATIONS BY $160,004.87;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $160,004.87 is appropriated from paving assessments in the
No. 3530 Street Capital Projects Fund to reimburse collection activity associated
with Voluntary Paving Assessment Program.
SECTION 2. That the FY 03-04 Capital Budget adopted by Ordinance No.
025647 is amended by increasing appropriations by $160,004.87_
SECTION 3. That upon wfillen 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: July 21, 2004
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 Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
25
CITY COUNCIL
AGENDA MEMORANDUM
July 27, 2004
AGENDAITEM:
Ordinance appropriating $134,277.96 from interest eamings and bond proceeds in the No.
4241 Wastewater 1995 CIP Fund for wastewater project expenditures; amending FY 03-04
Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by
$134,277.96
ISSUE: Completion of year-end "housekeeping" accounting and budget transactions
require City Council authorization for vadous appropriations and transfers.
BACKGROUND: At fiscal year-end, vadous accounting and capital budget "house-
keeping" items are identified. These items include appropriation of interest eamings and
other revenue as well as ordinances that correct unexpected events or transactions. This
ordinance appropriates funds from interest earnings, bond proceeds and other
miscellaneous revenue. Appropriations will allow for project and reimbursement
expenditures in Fund 4241.
REQUIRED COUNCIL ACTION:
Approval of Ordinance as submitted.
Debbie Marr~
Acting Director of Management and Budget
Ordinance
ORDINANCE
APPROPRIATING $134,277.96 FROM INTEREST EARNINGS
AND BOND PROCEEDS IN THE NO. 4241 WASTEWATER 1995
ClP FUND FOR WASTEWATER PROJECT EXPENDITURES;
AMENDING FY 03-04 CAPITAL BUDGET ADOPTED BY
ORDINANCE 025647 BY INCREASING APPROPRIATIONS BY
$134,277.96;AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $134,277.96 is appropriated from interest earnings and bond
proceeds in the No. 4241 Wastewater 1995 ClP Fund for wastewater project
expenditures.
SECTION 2. That FY 03-04 Capital Budget adopted by Ordinance No. 025647 is
amended by increasing appropriations by $134,277.96_
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 consideral~on 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 ,2064.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
C~ Secretary
Approved: July 21, 2064
Lisa Aguila~
Assistant City'Attomey
for City Attomey
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 consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus 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
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
26
CITY COUNCIL
AGENDA MEMORANDUM
City Council Act]on Date: July 27, 2004
AGENDA ITEM: Resolution Authorizing Increased Park and Recreation Latchkey Fees
and Adding New Golf Fees for Fiscal Year 2004-05; Providing Effective Date; and
Providing for Severanco.
ISSUE: The Park and Recreation Department annually updates fees and provides a copy
to the City Manager annually for approval. The fees must bear e reasonable relation to
current rental fees charged for use of similar commercial facilities so as to neither be
excessive or grossly defiant by comparison.
REQUIRED COUNCIL ACTION: The City Council is to be provided e copy of the
Schedule of Proposed Fees and Charges and must authorize any new fees (Exhibit A) or
increases to current fees of more than twenty-five (25) percent (Exhibit B).
PREVIOUS COUNCiL ACTION: The City Council was provided a copy of the previous
Schedule of Proposed Fees and Charges for Fiscal Year 2003-2004. The Council also
passed a resolution that approved the new fees and fee increases greater then 25%.
FUNDING: Not applicable.
CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve
the submitted Schedule of Proposed Fees and Charges for Fi__~ca_l Year 2004-2005.
se, Assistant City Manager
Interim Director of Park and Recreation
Background Information
Resolution
Exhibit A- New Golf Fee
Exhibit B- Increased Latchkey Fee
BACKGROUND INFORMATION
According to the Code of Ordinances, Section 36-3, Rental Rates and Section 36-7
Recreation Fees and Charges: the Park and Recreation Director shall prepare a schedule
of rental rates for the use of facilities to include but not be limited to pavilions, shelters,
picnic tables, swimming pools, recreation centers, athletic fields, Multicultural Center and
the Cole Park Amphitheater. This schedule shall be submitted to the city manager for
approval, and shall be reviewed on an annual basis. Such rates shall bear a reasonable
relation to current rental rates charged for use of similar commercial facilities so as to
neither be excessive or grossly deficient by comparison; provided however, all such rates,
except athletic field rental rates shall not increase annually by more than twenty-five (25)
per cent and rates for organized youth activities shall not exceed a level which would
recover forty (40) per cent of the estimated cost r~or shall new fees be =eated. without City
courlcil's a,o~oval by motion or resolution_ The approved schedule shall be filed with lhe
City Secretary and copies shall be provided to the City Council. Specific rates, however,
may be adjusted at any time, and the Park and Recreation Direct~ shall have the authority
to negotiate special rates for special situations.
RESOLUTION
AUTHORIZING INCREASED PARK AND RECREATION
LATCHKEY FEES AND ADDING NEW GOLF FEES FOR
FISCAL YEAR 2004-05; PROVIDING EFFECTIVE DATE;
AND PROVIDING FOR SEVERANCE
WHEREAS, Section 36-3 of the City Code provides that the parks and recreation
director shall prepare a schedule of' rental rates for the use of park and recreation
facilities to be reviewed and approved annually by the city manager;
WHEREAS, Section 36-7 of the City Code provides that the parks and recreation
direcAor shall prepare a list of recreation fees and charges for the public use of tennis
courts, swimming pools, recreation centers, athletic fields and other city-owned
facilities, to be reviewed and approved annually by the city manager;
WHEREAS, Section 36-3 of the City Code requires City Council approval by motion or
resolution of any rental rates that increase by more than 25 percent and for any new
rental fees created; and Section 36-7 of the City Code requires City Council approval by
motion or resolution of any recreation fees that increase by more than 25 percent and
for any new recreational fees created;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council approves the new golf fees, as shown in Exhibit A
attached, for Fiscal Year 2004-05.
SECTION 2. The City Council approves increased latchkey rates, as shown in Exhibit
B attached, for Fiscal Year 2004-05.
SECTION 3. This resolution becomes effective August 1,2004.
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this resolution 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 resolution, for it is the
definite intent of the City Council that every section, paragraph, subdivision, phrase,
word and provision hereof shall be given full force and effect for its purpose.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the day of July, 2004.
AFrEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: July 21, 2004
For City Attomey
Corpus Christi, Texas
day 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
Exhibit A
Park and Recreation
Schedule of New Golf Fee
CURRENT
R~TE
FY03-04
PROPOSED RATE
FY04-O$
GOLF
Regular Monthly Card - (residents
only)*
n/a
$130 /month
Is available [o golfers Ih~ng in Corpus Christi city limit~ wflh driver's license ver~calJon.
Exhibit B
Park and Recreation
Schedule of Latchkey Fee Increases More Than 25%
LATCHKEY
Monthly fee
(scholarship)
CURRENT RAT[
FY03~4
$37/month
PROPOSED RATE
FY04-05
$50/month
27
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 7/13/2004
AGENDA ITEM:
ADOPTING AN OIIDINANCE UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT
SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE
ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR
INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF
DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS
MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; ESTABLISHING AN
EFFECTIVE DATE FOR THE ORDINANCE; AND PROVIDING FOR SEVERANCE.
ISSUE: As part of the three-year negotiated collective bargaining agreement between the City of
Corpus Christi and the Corpus Christi Police Officers' Association, the City has agreed to adopt an
Ordinance with the Texas Municipal Retirement System (TMRS) to (1) provide for increasing the
employee contribution rate from 5% to 6% while maintairfing the actuarially determined City
contribution rate; (2) to adopt 70% of the percentage change in Consumer Price Index for All Urban
Consumers (CPI) from December of the year immediately preceding the effective date of the
person's retirement to the December that is 13 months before; and (3) to re-adopt the automatic
renewal of Updated Service Credits and an increase in retirement annuities on January 1 of each
subsequent year. These provisions will remain in effect for future years until they are discontinued by
an ordinance adopted by the City Council. This Ordinance applies to all eligible City employees
except Firefighters who have their pension benefits through the Fireman's Relief and Retirement
Fund.
REQUIRED COUNCIL ACTION: The City Council is requested to adopt this Ordinance to enable
implementation of the negotiated Police Collective Bargaining Agreement.
PREVIOUS COUNCIL ACTION: On April 22, 2003, the City Council approved the contract between the
City of Corpus Christi and the Corpus Christi Police Officers' Association effective May 1, 2003, through
midnight on July 31,2006, to continue thereafter until superseded by a new agreement approved by the City
Council. '[his current agreement provides for the following TMRS enhancements: increasing the employee
contribution rate from 5% to 6%; adopting the change in Consumer Price Index for All Urban
Consumers (CPI) for retiree annuities from 50% to 70%.
FUNDING: TMRS has provided an actuarial study of the cost to adopt the following provisions: (1)
provide for increasing the employee contribution rate from 5% to 6% while maintaining the
acmarially determined City contribution rate; (2) to adopt 70% of the percentage change in
Consumer Price Index for All Urban Consumers (CPI) fi.om December of the year immediately
proceeding the effective date of the person's retirement to the December that is 13 months before.
Through December 31, 2004, the City's contribution rate will remain at 11.96%. Effective January
1, 2005, the City's contribution rate will be 14.03%. The Background Information Attachment
provides a definition of the contribution rate components that are used by the actuaries to determine
the City's contribution rate and a comparison of the City's TMRS contribution rate before and after
enhancements. These enhancements are required by the negotiated collective bargaining agreement
between the City of Corpus Christi and the Corpus Christi Police Officers' Association approved by
the City Council on April 22, 2003
CONCLUSION AND RECOMMENDATION:
Staffrecommends that this Ordinance be adopted to enable implementation of the provision
recently negotiated in the Police Collecting Bargaining Agreement.
Cynthia C. Garcia
Director of Human Resources
BACKGROUND INFORMATION
I. DESCRIPTION OF TMRS RETIREMENT PLAN:
Employees (excluding Firefighters) are covered by TMRS for pension benefits.
These benefits will be enhanced effective January 1, 2005, as required by the
Police Collective Bargaining Agreement adopted by the City Council May 1,
2003. The City's program currently includes the following provisions:
An employee deposit rate of .... si~x per cent
Actuadally determined City contribution
5-year vesting
Survivor benefits for vested employees
Occupational disability retirement options
Military buy-back for vested employees
100% updated service credits
Increases adjusted to 59% 70% of the change in the Consumer Price Index
for retirees
II. TMRS CITY CONTRIBUTION RATE:
Under the Texas Municipal Retirement System Act (TMRS) that governs
TMRS, the City's Contribution Rate is annually actuarially determined. The
Contribution Rate is composed of three components:
Normal Cost (the portion of the City's contribution rate that funds the
adopted matching ratio)
The Normal Cost Portion of the City's Contribution Rate is impacted by
changes in the number of members, amount of compensation, increased
age of contributing members, phase in of cost assumptions, cost due to 5-
year vesting, and other actuarial factors. Implementation of the Police
Collective Bargaining Agreement adopted May 1, 2003, requires
employee contributions to increase from 5% to 6% effective January l,
2005.
Prior Service (the portion of the rate for Prior Updated Service Credits; and
Annuity Increases)
The Prior Service Portion of the City's Con~'ibution Rate is impacted by
changes in payroll experience and historical trends; actuarial gains or
losses (the difference between actual events compared to actuarial
assumptions); phase-in of increases due to changes of actuarial
assumption; 5-year vesting cost; and other actuarial factors.
Retiree Annuity Adjustments (the portion based on a specific percentage
of the increase in the Consumer Price Index over a designated 12 month
period)
Since 1986 the City had designated 40% of the increase in the Consumer
Price Index for retiree annuity adjustments_ Beginning in 2001, the State
Legislature revised the percentage options available to cities to 30%,
50%, or 70%_ Effective January 1, 2001, the adjusta-nent was increased
by Ordinance from 40% to 50% of the increase in the Consumer Price
Index_ T he Police Collective Bargaining Agreement adopted May 1,
2003, requires an adjustment from 50% to 70% of the increase in CPI
over a 12 month period effective January 1, 2005.
Updated Service Credit: Undated Service Credit uses a member's
average monthly salary over a recent three-year period immediately prior to
the study year, and recalculates the member's retirement credit as if the
member had always earned that salary and made deposits, matched by the
City, on the basis of that average monthly salary.
III. COMPARISON OF CITY CONTRIBUTION RATES:
Contribution
Rate Components
Rate on 1/1/2004
5%/50%
Normal Cost Rate 7.12%
Prior Service Rate 4.73%
Retiree CPI Rate .11%
Total 11 _96%
Rate on 1/1/2005
Without
Enhancements
5%/50%
7_11%
4.85%
_09%
12.05%
Rate on 1/1/2005
With
Enhancements
6%/70%
8.53%
5.06%
.44%
14.03%
Prepared by the Human Resources Department
June 4, 2004
H:~ES-DIR~SHAROI'&TMRS 20~4 2005 AGENDA PACKAGE\TMRS COUNCIL AGENDA PACKAGE I 2005.doc
C:~Sharon's Documen~s\TMRS AGENDA PKG [ 2005\TMRS COUNCIL AGENDA PACKAGE 1 2005 doc
AN ORDINANCE
ADOPTING AN ORDINANCE UNDER ~ ACT GOVERNING THE
TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE
CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE
EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING
FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR
RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE
CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS
MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE
CITY; ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE;
AND PROVIDING FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CrrY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Authorization of Updated Service Credits.
(a)
On the terms and conditions set out in Sections 853.401 through 853.404
of Subtitle G of Title 8, Government Code, as amended (hereinafter
referred to as the '~MRS Act"), each member of the Texas Municipal
Retirement System (hereinafter referred to as the "System") who has
current service credit or prior service credit in the System in force and
effect on the 1st day of Janum-y of the calendar year preceding such
allowance, by reason of service in the employment of the City, and on
such date had at least 36 months of credited service with the System, shall
be and is hereby allowed "Updated Service Credit" (as that term is de£med
in subsection (d) of Section 853.402 of the TMRS Act).
The Updated Service Credit hereby allowed and provided for shall be
100% of the "base Updated Service Credit' of the member (calculated as
provided in subsection (c) of Section 853.402 of the TMRS Act).
(c)
Each Updated Service Credit allowed hereunder shall replace any Updated
Service Credit, prior service credit, special prior service credit, or
antecedent service credit previously authorized for part of the same
service.
(d)
In accordance with the provisions of subsection (d) of Section 853.401 of
the TMRS Act, the deposits required to be made to the System by
employees of the several participating departments on account of current
service shall be calculated from and after the effective date of this
Ordinance on the full amount of such person's compensation as an
employee of the City.
SECTION 2. Increase in Retirement Annuities.
(a)
On terms and conditions set out in Section 854 203 of the TMRS Act, the
City hereby elects to allow and to provide for payment of the increases
below stated in monthly benefits payable by the System to retired
employees and to beneficiaries of deceased employees of the City under
current service annuities and prior service annuities arising from service
by such employees to the City. An annuity increased under this Section
replaces any annuity or increased annuity previously granted to the same
person.
(b)
The amount of the annuity increase under this Section is computed as the
sum of the prior service and current service annuities on the effective date
of retirement of the person on whose service the annuities are based,
multiplied by 70% of the percentage change in Consumer Price Index for
All Urban Consumers, fi.om December of the year immediately preceding
the effective d ate o f t he person's retirement t o t he December t hat i s 1 3
months before the effective date of this Section_
(c)
An increase in an annuity that was reduced because of an option selection
is reducible in the same proportion and m the same manner that the
original annuity was reduced.
(d)
If a computation hereunder does not result in aa increase in the amount of
an annuity, the amount of the annmty will not be changed hereunder.
(e)
The amount by which an increase under this Section exceeds all
previously granted increases to an annuitant is an obhgation of the City
and of its account in the municipahty accumulation fired of the System.
SECTION 3. Dates of Allowances and Increases.
The initial allowance of Updated Service Credit and increase in Retirement
Annuities hereunder shall be effective on January 1, 2005, subject to approval by
the Board of Trustees of the System. An allowance of Updated Service Credits
and an increase in retirement annuities shall be made hereunder on January 1 of
each subsequent year until this Ordinance ceases to be in effect under subsection
(e) o fS ection 8 53.404 o fthe TMRS Ach provided that, as to such subsequent
year, the actuary for the system has made the determination set forth in subsection
(d) of Section 853.404 of the TMRS Act.
SECTION 4. Increased Deposit Rate:
All employees of the City of Corpus Christi, who are members of the
Texas Municipal Retirement System, shall make deposits to the
System at the rate of 6% of their individual earnings effective 1a day
of January 2005_
SECTION 5. Effective Date:
Subject to approval by the Board of Trustees of the System, this
Ordinance shall be and become effective on the 1 ~ day of January
2005.
SECTION 6. Severance:
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.
LEGAL FORM APPROVED,7~
Attorney.
By: Sus~~~'~
Assistant City Attorney
, 2004, Mary Kay Fischer, City
Prepared by the Human Resources Department
June 7, 2004
C:XShamn's Documcnts\TMRS AGENDA PKG 20~4 2005 CONT PATE AUTO CPI UP\TMRS ORDINANCE INC CONT PATE
RETIREE ANNUITIES ALVFO PSC.doc
That the foregoing ordinance was read for the first time and passed on this the 26th
day of July, 2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of ,2004 by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Jav~er D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the
ATYEST:
Armando Chapa
City Secretary
LEGAL FORM APPROVED
By:
Susan Hutson
Assistant City Attorney
__ day of ,2004.
Samuel L. Neal, Jr.
Mayor
2004, Mary Kay Fischer, City Attorney
H:~KES-DIRBHARON~Agenda Housekeeping 04 05\ITviRS AGENDA PKG 7 2004\TMRS ORDINANCE INC CONT RATE
RETIKEE ANNUITIES AUTO PSC.doc
D:\TMRS AGENDA FYEM I 2005~TMRS OP-JBINANCE INC CONT [LATE RETIREE ANNUITIES AUTO PSC.dca:
28
CITY COUNCIL
AGENDA MEMORANDUM
July 27, 2004
AGENDA ITEM:
a. Motion to amend prior to second reading Section 2 of the ordinance amending the
Code of Ordinances, Ck'y of Corpus Chdsti, Chapter 55, Utilities, regarding water,
gas and wastewater rates by amending the I.C.L. Wastewater Rates, Section 1,
Section 55-100(a); and providing for an effective date of August 1, 2004.
Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus
Chdsti, Chapter 55, Utilities, regarding water, gas and wastewater; and providing for
an effective date of August 1, 2004.
ISSUE:
The Proposed FY 2004-05 Budget includes estimated revenues generated from increased
fees/rates and new fees/rates necessary to fund specific projects and/or cover existing
operating costs. The proposed rate increase has been presented dudng the Budget
process and is detailed in the FY 2004-05 Proposed Budget Book under the title
"Supplemental Information", page 420.
The wrong base number was referenced and did not reflect the mid year administratively
adjusted winter average for FY 2003-04.
PREVIOUS COUNCIL ACTION:
July 13, 2004 - Council passed First Reading of Ordinance.
REQUIRED COUNCIL ACTION:
Approval of the motion and ordinance described, increasing rates included in the FY 2004-
05 Proposed Budget as amended by Amendment #1,
RECOMMENDATION:
Approval of ordinance as presented.
Debbie Marroquin, P.F_~}
Acting Director of
Management and Budget
MOTION -JULY 27, 2004
Motion to amend prior to second reading the ordinance amending the Code of
Ordinances, City of Comps Christi, Chapter 55, Utilities, regarding water, gas and
wastewater rates; and providing for an effective date of August 1, 2004, by revising the
table in Section 55-100 (a) to read as follows:
"Sec. 55-100. Schedule.
"(a) The monthly charge to be paid by users of sewer service furnished by the City's
municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter
55, shall be based on the amount of water used by the user according to the following
rates:
Classification
^ ...... * August
!,-..~'~nn= 1, 2004
e to July
~,,.. =4 31 2005
299'!,
Inside City
Limits
One-family
minimum
monthly
charge (first
2,000
gallons)
$15.087
Inside City
Limits
One-family
per 1,000
gallons over
2,000
2.7'!,!
3.050
Page 2 of 3
Classification
Inside City
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
Outside City
Limits
One-family
minimum
monthly
charge (first
2,000
gallons)
Outside City
Limits
One-family
per 1,000
gallons over
2,000
Outside City
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
2OO~.
76.~07
August
1,2004
to July
31,2005
85.237
28.470
5.757
160.923
Document2
Page 3 of 3
Classification
Inside City
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
Inside City
Limits
Commercial
per 1,000
gallons over
2,000
Outside City
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
Outside City
Limits
Commercial
per 1,000
gallons over
2,000
August
11 2004
to July
31, 2005
21.634
2.302
43.269
4.607
Oocumenl2.
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55, UTILITIES, REGARDING WATER, GAS AND
WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 55-50 of the Code of Ordinances is amended by revising it to read
as follows:
"Sec. 55-50. Schedule of water rates.
"(a) Base rates for water service.
'q'he rates for water service are as follows:
"(1) Monthly Minimum Charges
"a. Metered Treated Water Customers
"1. Inside City Limits
Meter Size A ...... ~,
· .-= .... , Au.qust 1,
(Inches) onn~ ~
..... o 2004 tq
J"?; 31, July 31,
2OO~ 2005
Residential
5/8"- 3/4" ~ $ 6.430
Commercial
5/8"- 3/4" 8.838 9.279
Residential &
Commercial
1" ~ 14.809
1-1/2" ~ 24.879
2" 3~.8~ 38.709
July 20 2004 utilE'/rate.doc SECOND READING VERSION
Meter Size
(Inches)
11
8" and larger
Large
Volume
Any size
A~, Auqust 1,
..... o 2004 to
,,,k,,~ July 31
OnnA 2005
!32.277 138.890
~ 158.458
22~.7~.7 238_084
340.58! 357.610
11,482.099
12,056.203
2
"2. Outside City Limits
Meter Size
Au.qust 1,
2004 to
July 31,
2005
Residential
5/8"- 3/4" $ !3.001 $13.651
Commercial
5/8" - 3/4" !87,47 19.369
Residential &
Commercial
1" 28~44- 30.388
1-1/2" A~ 4~
..... 8 50.544
2" 74.4~5 78.188
3" 2~5.289 278.553
July 20 2004 utility rate.doc
3
Meter Size
11
8" and larger
Large
Volume
Any size
~, August 1,
2003 tc 2004 to
"'~" 31, July 31,
2004 2005
302.5~0 317.709
A~,~ '~ 476.979
684~2-8 716.024
19,159.030
20,116.981
"b. Untreated Water Customers
Minimum
monthly
service
charge, water
districts/
municipalities
with raw
water supply
contracts
executed
after January
1, 1997
$274.!!7
Au~ustl,
2004to
July 31,
2005
$287.822
July 20 2004 utility ra[e.doc
4
Minimum
monthly
service
charge for
Public
Agency for
Resale
Untreated
Water without
a raw water
supply
contract
executed
after
January 1,
1997~
Minimum
monthly
service
charge,
industrial
Minimum
monthly
service
charge,
domestic
Minimum
annual
service
charge,
domestic
August-~, August 1,
2903 '.c 2004 to
"'~" '~ July 31
20(N. 2005
175.297
287.822
9-.432- 9.588
9!.379 95.938
"~ Minimum monthly charge for Public Agency for Resale Untreated Water customer
without a raw water supply contract executed after January 1, 1997: If the charge
based on the volume of water taken in a monthly billing pedod is less than-$-166~9~
$175.297, the customer shall be billed-$466~9,~O $175.297, unless a valid water supply
contract between the customer and City that was executed prior to January 1, 1997,
July 20 2004 utility rate.doc
5
provides for a minimum annual payment. If a valid water supply contract between the
customer and City executed prior to August 1, 2000, provides for a minimum annual
payment, the customer shall pay the minimum annual payment under the contract.
"(2) Monthly Volume Charges Per 1,000 Gallons
"a. Residential Rate
"1. Inside City Limits
Ausuct 1, August 1,
2093 2004
te to
· .,...., 31, July 31,
2OO~ 2005
First 2,000
Gallons
M!n!mum* Minimum*
Next
13,000
Gallons
$2.!18 $2.223
Next
15,000
Gallons
2-A)88 3.137
Next
20,000
Gallons
3.839
Over
50,000
Gallons
~..d37 4.658
"*Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
~ August 1,
· ~nn~ 2004
te to
h,., ~ July 31,
20~4 2005
First 2,000
Gallons
~A~,,;.. .... * Minimum*
July 20 2004 ufil~ rate.doc
Next
13,000
Gallons
Next $ d.~.37
15,000
Gallons
Next $ ~. ?. 37
20,000
Gallons
Over
50,000
Gallons
"*Use the Minimum Charges in Subsection (a)(1).
"b. Commercial Rate
"1. Inside City Limits
First 2,000 M!.-,!m,Jm*
Gallons
Next $ 2.! !8
13,000
Gallons
Next
85,000
Gallons
Next $-%432
900,000
Gallons
Over $ !.!22
1,000,000
Gallons
$ 4.658
$ 4.658
4.658
$ 4.658
August 1,
2004
to
July 31,
2005
Minimum*
.$ 2.223
$1.978
$1.503
1.178
July 20 2004 utJlity rate.doc
7
"* Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
a ...... * ~ Auqust 1,
2993 2004
[~ Lo
v..~ ~1, July 31,
2094 2005
First 2,000
Gallons
~i,,i .... * Minimum*
Next
13,000
Gallons
$ ~..518 $ 4.848
Next
85,000
Gallons
4.353
Next
900,000
Gallons
3.221 $ 3.382
Over
1,000,000
Gallons
$ !.758 $1.845
"* Use the Minimum Charges in Subsection (a)(1).
"c. Reserved"
"d. Public Agency for Resale Treated Water Rates
'q'reated water rates purchased by a public agency for resale are hereby
set as follows:
· ,-~ .... , Auflust 1,
onn'~ 2004
~ to
v-... ~1. .July 3'1.
~ 2005
First 2,000 M!,-,!m'--'m* Minimum*
Gallons
July 20 2004 utility rate.doc
8
~ August 1,
2GG3 2004
te t_9o
,,~,, ~4 July 31
~,nnA 2005
Next
13,000
Gallons
2.147
Next
85,000
Gallons
· ~ n,~n $1.921
Next
900,000
Gallons
Next
9,000,000
Gallons
$ !.08~ $1.140
Over
10,000,000
Gallons
742
"* Use the Minimum Charges in Subsection (a)(1).
"e. Large Volume Customers
"A commercial customer who agrees to pay for a minimum of 10,000,000
gallons of treated water per month is considered a large volume customer.
Once a customer has elected to become a large volume customer, the
customer will be billed as a large volume customer until the customer
notifies the City and requests reclassification as a commercial customer in
writing. However, a commercial customer may not elect to become a
large volume customer more than once in any 12 month period.
"1. Inside City Limits
~ ...... * ~ August 1
ann-~ 2004
te to
~ July 31,
onn~ 2005
July 20 2004 utility rate.doc
9
First
10,000,000
Gallons
Minimum*
Each
Add~ional
1,000
Gallon
0.781
"* Use the Minimum Charges in Subsection la)(1).
"2. Outside City Limits
~ ...... * ~ August 1,
· )nn~ 2004
te t. Ao
',,~,,'~ July 31
20~ 2005
First
10,000,000
Gallons
Min!mum* Minimum*
Each
Additional
1,000
Gallon
$1.087 $1.141
"* Use the Minimum Charges in Subsection la)(1).
"f. Public Agency for Resale Untreated Water Rates
'q'he rates for the purchase of untreated water purchased by a public
agency, which does not have a raw water supply contract with the City
executed after January 1,1997, is the average of the monthly raw water
cost adjustments, established under subsection lb) of this section, for the
pedod used to determine the composite cost of untreated water under the
City's current contract with the public agency.
"lb) Raw water cost adjustment (RWCA).
"in addition to the charges for the base rates for water service, established in subsection
la) of this section, a separate charge for the costs of raw water, the RWCA, will be
added to each consumer's bill, except Public Agency for Resale Untreated Water
customers without a raw water supply contract executed after January 1, 1997. (A
Public Agency for Resale Untreated Water customer without a raw water supply
contract executed after January 1, 1997, will pay the lower of the composite cost, as
defined in its contract with the City or the rate for Public Agency for Resale Untreated
Ju~y 20 2004 utility rate.doc
10
Water customers without a raw water supply contract executed after January 1, 1997,
specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected
system-wide raw water sales. The RWCA will be calculated on an annual basis
according to the following procedures.
"(1) Use projected system-wide water sales based on historical consumption and
projected growth.
"(2) Include the annual budgeted cost of debt service. Bond payments,
amortization of deferred losses on refundings, and other debt service costs shall
be applied to the RWCA in the same proportion as the raw water activities
proportion of the original bond proceeds.
"(3) Include budgeted expenditures for purchases of water.
"(4) Include purchases of water dghts, amortized over the duration of the water
right agreement.
"(5) Budgeted expenditures for capital items shall be included as follows:
"a. The expense of acquiring a capital item that cost not more than
$100,000 shall be charged in the year in which it is acquired_
"b. The expense of acquiring a capital item that cost more than $100,000
shall be amortized over the number of years used to calculate
depreciation expenses, with the half-year convention used in the year of
acquisition.
"(6) All operating and maintenance expenditures shall be charged based on
annual budgeted amounts. These expenditures include operation and
maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related
interfund charges.
"(7) All expenses for consultants, engineering, legal services, and administration
shall be charged based on annual budgeted amounts in the proportion to which
they apply to raw water issues.
"(8) Expenses related to the acquisition and transportation of emergency water
supplies shall be included in the RWCA for the following fiscal year, unless
foreseen and budgeted in advance, in which case they are included in the year
budgeted.
"(9) Miscellaneous revenues related to raw water activity, such as oil and gas
lease revenues and interest earned on debt service surety bonds, is applied as
an offset based on annual budgeted amounts.
"(10) At fiscal year end, determine the amount of over or under collections that
have resulted from differences between budgeted and actual expenses and
July 20 2004 utility rate.doc
11
offsetting revenues and the difference between projected and actual volume of
water sold. Apply this amount as an adjustment to the following fiscal year's
RWCA.
"(11) Apply the credit for levelized Choke Canyon debt payments to City rate-
payers' projected water consumption, and deduct from their RWCA. O'he
escalating payment schedule on the Choke Canyon debt was levelized through
the creation of a reserve fund. In the initial years, payments greater than the
debt service were made, with the excess going into the reserve fund. This
excess was paid through a rate surcharge on ICL and OCL metered treated
water customers. Now that bond payments exceed the levelized payment
amount, the reserve fund is drawn on to make up the difference_ Since only ICL
and OCL metered treated water customers participated in building the reserve
fund, the drawing on the reserve fund is only credited to the RWCA assessed
against ICL and OCL metered treated water customers.
"(c) Definitions.
"'Costs of raw water' is the total of all costs of acquiring, producing, stodng,
conserving, and transporting untreated water from its source to the City's
treatment facility and all other points of diversion. These costs include, but are
not limited to, the costs of:
"Construction, including debt service, operation, and maintenance of dams and
reservoirs.
"Construction, including debt service, operation, and maintenance of raw water
supply transmission pipelines.
"Construction, including debt service, operation, and maintenance of wells.
"Construction, including debt service, operation, and maintenance of facilities
capable of converting wastewater effluent, salt water, and brackish ground water
into water suitable for municipal, industrial, or agricultural uses.
"Acquisition of new water supplies and water rights.
"Payments to the P.L. 104-318 Aitemative Water Supply Acquisition and
Facilities Construction Special Fund.
"Construction, operation, and maintenance of facilities to reduce water losses
from water resources due to evaporation or the release of water from a reservoir
due to the operation of law.
"Acquisition and transportation of emergency water supplies, including the costs
of transporting water by vessel or pipelines from other regions.
July 20 2004 utility rate.doc
12
'~/ater supply development and protection, including consultants' studies and
reports, investigations, legal fees, court costs, and any other costs related to the
development or protection of the water supply.
"Administrative costs, including overhead and the portion of the City's general
administrative costs applicable to the activities enumerated in this definition."
SECTION 2. The water rates established in Section 1 of this ordinance shall take effect
and be applied against all service provided on or after the first day of August, 2004.
SECTION 3. Section 55-61 of the Code of Ordinances is amended to include the
classification of customers and schedule of gas rates, which shall read as follows:
"Sec. 55-61. Classification of customem and schedules of rates.
"(a) RESIDENTIAL CUSTOMERS:
"(1) Inside City Limits
"a. Winter rates (from November Cycle 11 throuqh Apdl Cvcle 10)
Monthly Consumption ~ ...... * ~
August 1,
2093 20O4 -
J..., v,,July 31,
2004 2005
First 1 MCF $ 7.887
(Minimum Bill)
Next 2 MCF $ ~. ?,25
Next 7 MCF $ 2.559
Next 40 MCF ~
All over 50 MCF $ !.7!7
8.281
4.646
2.686
2.534
1.802
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"b. Summer rates (from April Cycle 11 through November Cycle 10)
Monthly Consumption ~ August 1,
· ~n~'~ 2004 -
,,,h. ~ J ly 31
,.w,.1 2005
First 1 MCF $ 7.a?..7 $ 8.281
July 20 2004 utili~ rate.doc
13
(Minimum Bill)
Next 2 MCF
Next 5 MCF
Next 30 MCF
All over 38 MCF
~ ~ '~'~"$4646
$-2-~569 $ 2.686
$ !.285 $ 1.349
$ 1.!~,2 $ 1.199
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
"a. Winter rates (from November Cycle 11 through Apdl Cycle 10)
Monthly Consumption
Auqust 1,
onn~ 2004 -
I..I,, '~4 July 31
24;)04 2005
First 1 MCF $-8-.732 $10.218
(Minimum Bill)
Next 2 MCF ~ 5.209
Next 7 MCF 2.828 2.969
Next 40 MCF 2.668 2.801
All over 50 MCF !.8~! 1.954
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"b. Summer rates (from April Cycle 11 through November Cycle 10)
Monthly Consumption
~ August 1,
2003~- 2004 -
,,,h, 31, July 31,
2.094 2005
First 1 MCF
(Minimum Bill)
10.218
Next 2 MCF
-4~964- 5.209
Next 5 MCF
2.828 2.969
July 20 2004 utility rate.doc
14
Next 30 MCF 1.4! ! 1.481
All over 38 MCF 4-244 1.274
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates:
"(1) Inside City Limits
Monthly Consumption
,~,uguct !, August 1,
L~303-- 2004 -
July 31, July 31,
20O4 2005
First I MCF $ 7.887 $ 8.281
(Minimum Bill)
Next 2 MCF ,~ 4.646
Next 7 MCF ·" ~ ~ 4.341
Next 40 MCF ,~ 4.175
Next 50 MCF $ !.7!7 1.802
Next 100 MCF $ !.7! 1.502
Next 100 MCF $ !.250 1.312
Next 700 MCF ,$4-A86 1.255
Next 1,000 MCF ,,~ ~, .wn'~", 1.085
Next 13,000 MCF ~ 0.975
All over 15,000 MCF ,$A;M~94 0.935
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
Monthly Consumption Pcagust-~,August 1,
2003 2004 -
',,',, ~July 31
onn~ 2005
July 20 2004 utility rate,doc
15
First 1 MCF $-9-,732 $10.218
(Minimum Bill)
Next 2 MCF ~ 5.209
Next 7 MCF ~.559 4.891
Next 40 MCF ~..~.79 4.702
Next 50 MCF !.86! 1.954
Next 100 MCF !.537 1.613
Next 100 MCF !.3'!.0 1.407
Next 700 MCF ! .2~ 1_329
Next 1,000 MCF ! .93`1 1.085
Next 13,000 MCF O~z9 0.975
All over 15,000 MCF -0~894- 0.935
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have
requested a cutoff and re-connection at the same location or for services to the same
premises, including increases or reductions of the same premises, and which cutoff was
not necessitated by reason of reconstruction of the building on the premises, shall be
classified as seasonal customers, and in lieu of the rates applicable to residential
customers, shall be charged and collected the following charge for gas fumished and
delivered to the meters by the Gas Department of the CitT):
"(1) Inside City Limits
Monthly Consumption, ^,,. ~ ,. ,. ,* ",, August 1,
~nn~ 2004 -
"'~' ~ July 31
200'1 2005
First 1 MCF
(Minimum Bill)
$ !3.!02 $13.757
Next 2 MCF ! ! .~,9 12.441
Next 7 MCF 5.~2~ 5.907
July 20 2004 utility rate.doc
16
Next 30 MCF 2.~.!~. 2.534
All over 40 MCF
1.717 1.802
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
Monthly Consumption
":, nn'~ 2004 -
.....,; vl, July 31,
~ 2005
First 1 MCF
(Minimum Bill)
$-1,5-.739 $16.525
Next 2 MCF !3.535 14.211
Next 7 MCF 6~379 6.697
Next 30 MCF 2.~8 2.801
All over 40 MCF !.86! 1.954
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates
(limited to customers using less than 15,000 MCF per month annual average. All
general rate customers that have installed total energy or have gas operated air cooling
and air conditioning equipment, or both, and have an average used in MCF per month
in the seven summer months that exceeds the five winter months in average use, when
inspected and approved by the Gas Depa, b,,ent, who request in writing to be billed in
the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11
in April and ending with the billing Cycle 10 in November shall be billed on the following
rate schedule):
"(1) Inside City Limits
Monthly
Consumption
A. ugust-~, August 1,
") nn~ 2004 -
~"~" '~ July 31,
20?. 2005
First 1 MCF
(Minimum Bill)
$ 7.886 $ 8.280
Next 2 MCF
4.645
July 20 2004 utility rate,doc
Next 7 MCF ~..!35 4.341
Next 40 MCF 3.925 3.176
Next 150 MCF !.285 1.349
Next 300 MCF ~ 1.255
Next 500 MCF ! .03~. 1.085
Next 14,000 MCF g~929 0.975
All over 15,000 MCF ~ 0.935
"Note: Rates do not
"(2) Outside City Limits
Monthly
Consumption
17
include purchased gas adjustment and sales tax, where applicable
.~.u~ust !, August 1,
2003~ 2004 -
Jult,' 31,July 31,
2994 2005
First 1 MCF ~ $10.218
(Minimum Bill)
Next 2 MCF ~ 5.209
Next 7 MCF ~ 4.891
Next 40 MCF 3.71 3.571
Next 150 MCF !.~.! I 1.481
Next 300 MCF ! .26~ 1.329
Next 500 MCF !.088 1.142
Next 14,000 MCF (3~g4 1.012
All over 15,000 MCF ~ 0.935
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d)
of this section are subject to gas cost adjustments as follows: Rates will be adjusted
monthly by the City following the receipt of notice of the cost of gas from the supplier to
pass on to the consumer the full amount of such cost adjusted for pressure base and
July 20 2004 utility rate.doc
18
gas loss & unaccounted-for factors. Additional fees and charges paid to the supplier,
which are necessary for the City to receive the gas, shall be included in the cost of gas.
All general rate customers, who consume over 15,000 MCF in one month, and who
receive gas from the City's distribution system at the same pressure base at which the
City receives the gas from its supplier (14.55 psi), shall be billed 2.05% less per MCF
for purchased gas adjustment than the General Customer Rate Schedule.
"(f) INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be
interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from
any cause whatsoever, to conserve gas for residential and other human need
customers served hereunder, according to all mandatory orders of governmental
agencies having jurisdiction."
SECTION 4. The gas rates established in Section 3 of this ordinance shall take effect and
be applied against all service provided on or after the first day of August, 2004.
SECTION 5. Section 55-100 of the Code of Ordinances is amended to include the
classification of customers and schedule of wastewater rates, which shall read as follows:
"Sec. 55-100. Schedule.
"(a) The monthly charge to be paid by users of sewer service fumished by the City's
municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter
55, shall be based on the amount of water used by the user according to the following
rates:
Classification
~ ...... ~ Au,qust
!, onn-~ I 2004
e to July
~"~"31, 31, 2005
2004
Inside City
Limits
One-family
minimum
monthly
charge (first
2,000
gallons)
July 20 2004 utility rate.doc
19
Classification
Inside City
Limits
One-family
per 1,000
gallons over
2,000
Inside City
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
Outside City
Limits
One-family
minimum
monthly
charge (first
2,000
gallons)
Outside City
Limits
One-family
per 1,000
gallons over
2,000
0
' '[" 3!
2.7~.!
August
1, 2004
to July
31, 2005
3.050
85.237
28.470
5.757
July 20 2004 utility rate doc
20
Classification
Outside City
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
Inside City
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
Inside C~
Limits
Commercial
per 1,000
gallons over
2,000
Outside City
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
4!.209
August
112004
to July
31,2005
160.923
21.634
2.30~
43.269
July 20 2004 utility rate doc
21
Classification
Au.qust
1, 2004
to July
31,2005
Outside City
Limits
4.607
Commercial
per 1,000
gallons over
2,000
"(b) The amount of water used to compute the monthly bills to one family residential
customers shall be computed on the basis of the "winter average" or "interim average"
that is calculated under this subsection.
(1) Definitions
a. Winter Averaging Wastewater Charge Period - the
period of water and wastewater service dudng the three
complete consecutive reading pedods commencing on or
after December 1 of each year. Using the three complete
consecutive reading pedods, the City shall establish monthly
wastewater service charges for customers based upon their
average monthly water consumption. The customer must
receive wastewater service at one location during the three
consecutive reading pededs in order to establish a "winter
average".
b_ Winter Average - The monthly wastewater usage established
by the City of Corpus Christi during the "winter averaging
wastewater charge period". This usage is the basis for monthly
billings which apply to service before and including July 31 of each
year. Billings which apply to service after July 31 will reflect
wastewater usages based on the previous "winter averaging
wastewater charge period".
c. Intedm Average - The monthly wastewater usage
established by the City for individual customers who have
not established a "winter average". The "interim average"
shall be recalculated each year based on the total "winter
average" consumption of all customers subject to winter
averaging divided by the number of winter averaging
customers, and shall be the basis for monthly billings until a
July 20 2004 utility rate.doc
22
"winter average" as defined in subsection (b)(1)b. of this
section is established for the individual customer.
d. Service Area - the geographic region served by the
City's wastewater system.
(2) Winter Average Cdteda
a. %Ninter Average" charges shall apply to one-family
residential customers only.
b. The "winter average" shall be based on a customer's
average water consumption for three complete consecutive
reading periods commencing with the customeCs first
reading pedod on or after December 1 of each year.
c. The following method will be used to calculate a
customer's "winter average".
1. Add the three winter months water
consumption to get total water consumption.
"2. Divide three month usage amount by 3 to
get winter average usage. Such winter
average usage shall be limited to a maximum
of 25,000 gallons.
"d. Using the winter average usage, apply the
applicable rates established in Subsection (a) of this
section to calculate the customer's wastewater bill for
each month until a new average is established (or
rates are changed.
"e. New and Relocating Customers; Adjustments
"1. Customers new to the service area, who
have not established a "winter average", shall
be billed at the "interim average" rate.
"2. Customers who are relocating within the
service area, who established a "winter
average" at their previous address, shall be
billed at the "intedm average" rate or their
"winter average" rate at the previous address,
whichever is less.
"3. Customers who are relocating within the
service, area, who have not established a
July 20 2004 utility rate.doc
23
"winter average" at their previous address,
shall be billed at the "interim average" rate.
"4. When a customer experiences a
substantial increase in water or wastewater
usage from hidden water leaks in the plumbing
system dudng the winter average charge
pedod, and if the customer can produce proof
of repairs, the Director of Finance or the
Director's designee may adjust the wastewater
bill.
"(3) Administrative change in rates.
"a. Annually the City Manager shall calculate '-cc.-ced base
revenues from single-family residential wastewater
customers. Base revenues shall equal a thrcc year moving
average of actual revenues from single-family residential
wastewater customers, with each year's revenue adjusted
for all actual rate increases, which were implemented in
subsequent years. For this purpose, a year shall run from
June I through May 31.
"b. The City Manager shall annually, based upon the Winter
Average wastewater usage determined during the Winter
Averaging Wastewater Charge Pedod, adjust the rate in the
new fiscal year applied to each customer's winter average or
intedm average so that the Adjusted Rate will produce an
amount equal to the base revenues.
"(c) The rates established in subsection (a) of this section are based upon water
consumption for wastewater service customers with wastewater characteristics of 562
parts per million or less by weight of chemical oxygen demand index, 250 parts per
million or less by weight of biochemical oxygen demand index, and 250 pads per million
or less by weight of suspended solids index. If the wastewater characteristics exceed
any of these parameters shall pay an additional abnormal wastewater surcharges as
provided in Section 55-148."
SECTION 6. The wastewater rates established in Section 5 of this ordinance shall take
effect and be applied against all service provided on or after the first day of August, 2004.
SECTION 7. Section 55-148 of the Code of Ordinances is amended to include the
schedule of values used to determine the abnormal wastewater surcharges. Section 55-
148(a)(6) and (8) shall read as follows:
July 20 2004 utility rate.doc
24
"Sec. 55-148. Fees.
"(a) Abnormal wastewater surcharge_
"(6)
Computations of each surcharge, as applicable, shall be based on
the following:
"S = V x 8.34 x X x (COD-562)
"S =V x 8.34 x Y x (BOD-250)
"S = V x 8.34 x Z x (TSS-250)
"S = Surcharge in dollars for the billing period.
'%/= Water consumption in millions of gallons during the billing period.
"8.34 = Weight of water in pounds per gallon.
"X = Unit charge in dollam per pound for COD as established subdivision
(8) of this subsection.
'N' = Unit charge in dollars per pound for BOD as established in
subdivision (8) of this subsection.
"Z = Unit charge in dollars per pound for TSS as established in subdivision
(8) of this subsection.
"COD = Chemical oxygen demand strength index in parts per million by
weight, or mg/1.
"BOD = Five-day biochemical oxygen demand strength index in parts per
million by weight, or rog/1.
"rss = Total suspended solids strength index in parts per million by
weight, or mg/h
"250 = Normal BOD and TSS strength in parts per million by weight, or
mg/I.
"562 = Normal COD strength in parts per million by weight, or rog/1.
July 20 2004 utility rate.doc
25
"(8)
The values for X, Y, and Z used in subdivision (6) of this subsection to
determine the abnormal wastewater surcharge are:"
Value
Augu~ August
!, onn'~_w~ 1,2004
te to
f"~" ~ July 31,
· )nnA 2005
X (unit
charge in
dollars per
pound of
COD)
en nnnn $0.0000
Y (unit
charge in
dollars per
pound of
BOD)
0 ..... 0.2490
Z (unit
charge in
dollars per
pound of
TSS)
0.1789
SECTION 8. The values used to determine the abnormal wastewater surcharges
established in Section 7 of this ordinance shall take effect and be applied against all
servic~ provided on or after the first day of August., 2004.
SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 10. 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 Christi.
July 20 2004. utliit¥ tale.doc
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Gan'ett
PASSED AND APPROVED, this the __
A'II'EST:
,2004 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
· day of
Armando Chapa
City Secretary
APPROVED: J5 dayofJuly, 2004:
for City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Chdsti
26
Jury 20 2[~4 ufll~y rate.doc
ORDINANCE
AMENDING THE CODE OF ORDINANCES, cI'rY OF CORPUS
CHRISTI, CHAPTER 55, UTILITIES, REGARDING WATER, GAS AND
WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 55-50 of'the Code of Ordinances is amended by revising it to read
as follows:
"Sec. 55-50. Schedule of water rates.
"(a) Base rates for water service.
'q'he rates for water service are as follows:
"(1) Monthly Minimum Charges
"a. Metered Treated Water Customers
"1. Inside City Limits
Meter Size ~ ...... , ~
· ,-~ .... , August 1,
(Inches) 2003 tc 2004 to
"'~" ~ I¥
v..~ ~., Ju 31,
2005
Residential
518" - 3/4" $ ~.!2'1 $ 6.430
Commerdal
5/8" - 3/4" 8.838~ 9.279
Residential &
Commercial
1" 44A94 14.809
1-1/2" ~ 24.879
2" ~3~.8~ 38.709
July 20 2004 utility rate.doc FIRST READING VERSION
Meter Size
(Inches)
8" and larger
Large
Volume
Any size
~ Au.qust 1,
· )nn~ ,,, 2004 to
...j 31, July 31,
2004 2005
! 32.277 138.890
~ 158.458
22674-7 238.084.
~An ~ 357.610
11,482.099
12,056.203
2
"2. Outside City Limits
Meter Size
~vv3 to
2004
Auqust 1,
2004 to
July 31,
2005
Residential
5/8" - 3/4" $ !3.001 $13.651
Commercial
5/8" - 3/4" ! 9. ~. ~ 7 19.369
Residential &
Commercial
1" 2z8&N-~ 3O.388
1-1/2" 48.!38 50.544
2" 74.465 78.188
3" 265.289 278.553
July 20 2004 utility rate.doc
Meter Size
Auqust 1,
2004 to
July 31,
2005
4" 302.580 317.709
6" 4~.26~ 476.979
8" and larger 68-1~82-8 716.024
Large
Volume
Any size 19,159.030 20.116.981
3
"b. Untreated Water Customers
Minimum
monthly
service
charge, water
districts/
municipalities
with raw
water supply
contracts
executed
after January
1, 1997
$274.!!7
Auqustl,
2004to
July 31,
2005
~287.822
Ju~y 20 200.4 utility rate.doc
4
^ ...... * '~ Au.qust 1,
2993 tc 2004 to
~"~" ~ July 31
,..,.,,4 2005
Minimum
monthly
service
charge for
Public
Agency for
Resale
Untreated
Water without
a raw water
supply
contract
executed
after
January 1,
1997~
175.297
Minimum
monthly
service
charge,
industrial
274.!!7 287.822
Minimum
monthly
service
charge,
domestic
9A32- 9.588
Minimum
annual
ser~ce
charge,
domestic
94~3-7-0 95.938
"~ Minimum monthly charge for Public Agency for Resale Untreated Water customer
without a raw water supply contract executed after January 1, 1997: If the charge
based on the volume of water taken in a monthly billing pedod is less than-$-166~
$175.297, the customer shall be billed-~-66~ $175.297, unless a valid water supply
c~ntract between the customer and City that was executed pdor to January 1, 1997,
July 20 2004 utility rate dcc
5
provides for a minimum annual payment. If a valid water supply contract between the
customer and City executed pdor to August 1, 2000, provides for a minimum annual
payment, the customer shall pay the minimum annual payment under the contract.
"(2) Monthly Volume Charges Per 1,000 Gallons
"a. Residential Rate
"1. Inside City Limits
· ..~ust 1,August 1,
'~nn'~ 2004,
~"~" 31, July 31,
2004 2005
First 2,000
Gallons
M!n!mum* Minimum*
Next
13,000
Gallons
$2.119 $2.223
Next
15,000
Gallons
3.137
3.839
4.658
Next
20,000
Gallons
Over
50,000
Gallons
,4..437
"*Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
· ,_~... 1 August 1,
onn~ 2004
te to
I,,~,, '~ July 31,
2004 2005
First 2,000
Gallons
Minimum* Minimum*
July 20 2004 utility ra[e.doc
6
Next $ ,!..437
13,000
Gallons
Next $ 4.437
15,000
Gallons
Next $ '!..437
20,000
Gallons
Over $ 4.'!.37
50,000
Gallons
"*Use the Minimum Charges in Subsection (a)(1).
"b. Commercial Rate
"1. Inside City Limits
2094
Gallons
Next $ 2.!18
13,000
Gallons
Next
85,000
Gallons
Next $ !.'!,32
900,000
Gallons
Over $ !.!22
1,000,000
Gallons
$ 4.658
4.658
4.658
$ 4.658
Au.qust 1,
2004
to
July 31,
2005
Minimum*
$ 2.223
$1.978
$1.503
1.178
July 20 20~4 utility rate.doc
7
"* Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
~ ...... * ~ Auqust 1,
· ~nn~ 2004
~o Lo
~..~ 31, July 31,
L:zg04 2005
First 2,000
Gallons
~*;"; .... * Minimum*
Next
13,000
Gallons
4.848
Next
85,000
Gallons
$ ~..! ~.6 $ 4.353
Next
900,000
Gallons
3.22! $ 3.382
Over
1,000,000
Gallons
$ !.758 $1.845
"* Use the Minimum Charges in Subsection (a)(1).
"c. Reserved"
"d. Public Agency for Resale Treated Water Rates
"Treated water rates purchased by a public agency for resale are hereby
set as follows:
· .-~ .... , August 1,
'3nn'~ 2004
k) to
~'"" ~ July 31,
2-9~4 2005
First 2,000
Gallons
M!r, imum* Minimum*
July 20 2004 uflhty rate.doc
8
· ..~-.t 1, August 1,
2993 2004
te t_o
"'"' ~ July 31
· ~nn,~ 2005
Next
13,000
Gallons
$ 2.0d5 $ 2.147
Next
85,000
Gallons
!.830 $1.921
Next
900,000
Gallons
$ !.376 $1_,4,44
Next
9,000,000
Gallons
!.096 $1.140
Over
10,000,000
Gallons
0.707 $ 0.742
"* Use the Minimum Charges in Subsection (a)(1).
"e. Large Volume Customers
"A commercial customer who agrees to pay for a minimum of 10,000,000
gallons of treated water per month is considered a large volume customer.
Once a customer has elected to become a large volume customer, the
customer will be billed as a large volume customer until the customer
notifies the City and requests reclassification as a commercial customer in
writing. However, a commercial customer may not elect to become a
large volume customer more than once in any 12 month period.
"1. Inside City Limits
· ..~-~, 1,August 1,
· ~nn~ 2004
te to
"""' ~ July 31
">nnA 2005
July 20 2004ufilibjrate.doc
9
First
10,000,000
Gallons
l. li,,i .... * Minimum*
Each
Additional
1,000
Gallon
$-8-.7-44 $ 0.781
"* Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
a ...... * ~ Au,qust 1,
~nn~ 2004
~ to
~""' ~ July 31
~ 2005
First
10,000,000
Gallons
Minimum* Minimum*
Each
Additional
1,000
Gallon
!.087 $1.141
Use the Minimum Charges in SubseCtion (a)(1).
"f. Public Agency for Resale Untreated Water Rates
"The rates for the purchase of untreated water purchased by a public
agency, which does not have a raw water supply contract with the City
executed after January 1,1997, is the average of the monthly raw water
cost adjustments, established under subsection (b) of this section, for the
period used to determine the composite cost of untreated water under the
City's current contract with the public agency_
"(b) Raw water cost adjustment (RWCA).
"In addition to the charges for the base rates for water service, established in subsection
(a) of this section, a separate charge for the costs of raw water, the RWCA, will be
added to each consumer's bill, except Public Agency for Resale Untreated Water
customers without a raw water supply contract executed after January 1, 1997. (A
Public Agency for Resale Untreated Water customer without a raw water supply
contract executed after January 1, 1997, will pay the lower of the composite cost, as
defined in its contract with the City or the rate for Public Agency for Resale Untreated
July 20 20~4. utility rate.doc
10
Water customers without a raw water supply contract executed after January 1, 1997,
specified in subsection (a)(2)f_ of this section.) The RWCA will be based on projected
system-wide raw water sales. The RWC^ will be calculated on an annual basis
according to the following procedures.
"(1) Use projected system-wide water sales based on historical consumption and
projected growth.
"(2) Include the annual budgeted cost of debt service. Bond payments,
amortization of deferred losses on refundings, and other debt service costs shall
be applied to the RWCA in the same proportion as the raw water activities
proportion of the original bond proceeds.
"(3) Include budgeted expenditures for purchases of water.
"(4) Include purchases of water rights, amortized over the duration of the water
dght agreement.
"(5) Budgeted expenditures for capital items shall be included as follows:
"a. The expense of acquiring a capital item that cost not more than
$100,000 shall be charged in the year in which it is acquired.
"b. The expense of acquiring a capital item that cost more than $100,000
shall be amortized over the number of years used to calculate
depredation expenses, with the half-year convention used in the year of
acquisition.
"(6) All operating and maintenance expenditures shall be charged based on
annual budgeted amounts. These expenditures include operation and
maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related
interfund charges.
"(7) All expenses for consultants, engineering, legal services, and administration
shall be charged based on annual budgeted amounts in the proportion to which
they apply to raw water issues.
"(8) Expenses related to the acquisition and transportation of emergency water
supplies shall be included in the RWC^ for the following fiscal year, unless
foreseen and budgeted in advance, in which case they are included in the year
budgeted.
"(9) Miscellaneous revenues related to raw water activity, such as oil and gas
lease revenues and interest earned on debt service surety bonds, is applied as
an offset based on annual budgeted amounts.
"(10) At fiscal year end, determine the amount of over or under collections that
have resulted from differences between budgeted and actual expenses and
July 20 2004 utility rate.doc
11
offsetting revenues and the difference between projected and actual volume of
water sold. Apply this amount as an adjustment to the following fiscal year's
RWCA.
"(11) Apply the credit for levelized Choke Canyon debt payments to City rate-
payers' projected water consumption, and deduct from their RWC^. (The
escalating payment schedule on the Choke Canyon debt was levelized through
the creation of a reserve fund. In the initial years, payments greater than the
debt service were made, with the excess going into the reserve fund. This
excess was paid through a rate surcharge on ICL and OCL metered treated
water customers. Now that bond payments exceed the levelized payment
amount, the reserve fund is drawn on to make up the difference. Since only ICL
and OC/metered treated water customers participated in building the reserve
fund, the drawing on the reserve fund is only credited to the RWCA assessed
against ICL and OCL metered treated water customers.
"(c) Definitions.
'"Costs of raw water' is the total of all costs of acquiring, producing, stodng,
conserving, and transporting untreated water from its source to the City's
treatment facility and all other points of diversion. These costs include, but are
not limited to, the costs of:
"Construction, including debt service, operation, and maintenance of dams and
reservoirs.
"Construction, including debt service, operation, and maintenance of raw water
supply transmission pipelines.
"Construction, including debt service, operation, and maintenance of wells.
"Construction, including debt service, operation, and maintenance of facilities
capable of converting wastewater effluent, salt water, and brackish ground water
into water suitable for municipal, industrial, or agricultural uses_
"Acquisition of new water supplies and water dghts.
"Payments to the P.L. 104-318 AltemafJve Water Supply Acquisition and
Facilities Construction Special Fund.
"Construction, operation, and maintenance of facilities to reduce water losses
from water resources due to evaporation or the release of water from a reservoir
due to the operation of law.
"Acquisition and transportation of emergency water supplies, including the costs
of transporting water by vessel or pipelines from other regions.
July 20 2004 utility rate.doc
12
'~/Vater supply development and protection, including consultants' studies and
reports, investigations, legal fees, court costs, and any other costs related to the
development or protection of the water supply.
"Administrative costs, including overhead and the portion of the City's general
administrative costs applicable to the activities enumerated in this definition."
SEC'lION 2.. The water rates established in Section 1 of this ordinance shall take effect
and be applied against all service provided on or after the first day of August, 2004.
SECTION 3. Section 55-61 of the Code of Ordinances is amended to include the
classification of customers and schedule of gas rates, which shall read as follows:
"Sec. 55-61. Classification of customers and schedules of rates.
"(a) RESIDENTIAL CUSTOMERS:
"(1) Inside City Limits
"a. Winter rates (from November Cycle 11 throu¢lh April Cycle 10)
Monthly Consumption
· .-=.~. !, Au.qust 1.
· :,nn~ 2004 -
~'"" 31, July 31,
'>nrta 2005
First 1 MCF $ 7.887 $ 8.281
(Minimum Bill)
Next 2 MCF $ d.425 $ 4.646
Next 7 MCF ~ $ 2.686
Next 40 MCF ,~ $ 2.534
All over 50 MCF
$ !.717 $1.802
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"b. Summer rates (from Apdl Cycle 11 through November Cycle 10)
Monthly Consumption A~, August 1,
'3nn~ 2004 -
h,~,, '~4 July 31
2004 2005
First I MCF $ 7.887 $ 8.281
Ju{y 20 2004 u~lity rate.doc
13
(Minimum Bill)
Next 2 MCF
-Next 5 MCF
Next 30 MCF
All over 38 MCF
~ $ 4.646
~ $ 2.686
.285 $1.349
!.!d2 $1.199
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
"a. Winter rates (from November Cycle 11 through Apdl Cycle 10)
Monthly Consumption ~ ...... * !,
August 1,
")nn~ 2004 -
,,,h, '~ July 31
onn~ 2005
First 1 MCF $-8-,732- $10.218
(Minimum Bill)
Next 2 MCF ~ 5.209
Next 7 MCF 2.828 2.969
Next 40 MCF 2.~8 2.801
All over 50 MCF ! .86! 1.954
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"b. Summer rates (from Apdl Cycle 11 through November Cycle 10)
Monthly Consumption. ^,,,~,.~.+ ". , August. 1,
onn~ 2004 -
h,~,, ~ July 31
OnnA 2005
First 1 MCF
(Minimum Bill)
10.218
Next 2 MCF ~ 5.209
Next 5 MCF 2.828 2.969
July 20 2004 ut~ity rote.doc
14
Next 30 MCF 1.4 ! ! 1_481
All over 38 MCF ~, .2!~. 1.274
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(b) GENERAL RATE CUSTOMERS (commemial, industrial, & institutional) rates:
"(1) Inside City Limits
Monthly Consumption, ^,.~,...* !,
August 1,
onn~ 2004 -
~"~" '~'~July 31,
~ 2005
First I MCF $ 7.887 $ 8.281
(Minimum Bill)
Next 2 MCF $-4-A2~ 4.646
Next 7 MCF ¢ ~ 4 ~ 4.341
Next 40 MCF ~ 4.175
Next 50 MCF · ~ 74'~ 1 802
Next 100 MCF $ ! ?.31 1.502
Next 100 MCF · ~ '~n 1_3i2
Next 700 MCF $-1-A86 1.255
Next 1,000 MCF $ ! .03~. 1 _085
Next 13,000 MCF $-0-~)29 0.975
All over 15,000 MCF ~ 0.935
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
Monthly Consumption A~, August 1,
2003 2004 -
~,,',, ~July 31
onn~ 2005
July 20 2004 uffiity rate.doc
15
First I MCF ,S-g-,z32 ~;10.218
(Minimum Bill)
Next 2 MCF ~ 5.209
Next 7 MCF -!,.~59 4.891
Next 40 MCF 4A79 4.702
Next 50 MCF ! .8~! 1.954
Next 100 MCF 1.537 1.613
Next 100 MCF !.3~0 1.407
Next 700 MCF ! .2~6 1.329
Next 1,000 MCF ~ 1.085
Next 13,000 MCF ~ 0_975
All over 15,000 MCF ~884 0.935
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have
requested a cutoff and re-connection at the same location or for services to the same
premises, including increases or reductions of the same premises, and which cutoff was
not necessitated by reason of reconstruc'don of the building on the premises, shall be
classified as seasonal customers, and in lieu or the rates applicable to residential
customers, shall be charged and collected the following charge for gas fumished and
delivered to the meters by the Gas Department of the City):
"(1) Inside City Limits
Monthly Consumption Au<3~, August 1,
')nn~ 2004 -
~,,~,, ~4 July 31
'~nn~ 2005
First 1 MCF
(Minimum Bill)
!3.!92 $13.757
Next 2 MCF ~ 12.441
Next 7 MCF 5.~26 5.907
July 20 2004 utility ra[e.doc
16
Next 30 MCF 2.~,!~ 2.534
All over 40 MCF
.717 1.802
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
Monthly Consumption
A ...... * ~ Au,qust 1,
2003 2004 -
.-,~ 31, July 31,
"> nn,~ 2005
First 1 MCF ~ $16.525
(Minimum Bill)
Next 2 MCF !3.535 14_211
Next 7 MCF 6~3-7-9 6.697
Next 30 MCF 2.~8 2.801
All over 40 MCF ! .8~! 1.954
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates
(limited to customers using less than 15,000 MCF per month annual average. All
general rate customers that have installed total energy or have gas operated air cooling
and air conditioning equipment, or both, and have an average used in MCF per month
in the seven summer months that exceeds the five winter months in average use, when
inspected and approved by the Gas Department, who request in wrffing to be billed in
the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11
in Apdl and ending with the billing Cycle 10 in November shall be billed on the following
rate schedule):
"(1) Inside City Limits
Monthly
Consumption
A ...... +" August 1,
'~nn~ 2004 -
~,,k, ~ July 31
290d 2005
First I MCF
(Minimum Bill)
7.886 $ 8.280
Next 2 MCF
4.42"!, 4.645
July 20 2004 utility rate.doc
17
Next 7 MCF 4.!35 4.341
Next 40 MCF 3.025 3.176
Next 150 MCF !.285 1.349
Next 300 MCF ~ 1.255
Next 500 MCF ! _O3d 1.085
Next 14,000 MCF 0~929 0.975
All over 15,000 MCF ~ 0.935
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
Monthly
Consumption
First 1 MCF
(Minimum Bill)
/~, Au,qust 1,
· >nn~ 2004 -
,,,h, '~ July 31
2094 2005
$-8-2-32 $10.218
Next 2 MCF 4~964- 5.209
Next 7 MCF ~,.e59 4_891
Next 40 MCF 3.{01 3.571
Next 150 MCF !/!.!! 1.481
Next 300 MCF ~ '~
.... 6 1.329
Next 500 MCF ! .0-°8 1.142
Next 14,000 MCF 0~e4 1.012
All over 15,000 MCF ~ 0.935
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d)
of this section are subject to gas cost adjustments as follows: Rates will be adjusted
monthly by the City following the receipt of notice of the cost of gas from the supplier to
pass on to the consumer the full amount of such cost adjusted for pressure base and
July 20 2004 utility rate.doc
18
gas loss & unaccounted-for factors. Additional fees and charges paid to the supplier,
which are necessary for the City to receive the gas, shall be included in the cost of gas.
All general rate customers, who consume over 15,000 MCF in one month, and who
receive gas from the City's distribution system at the same pressure base at which the
City receives the gas from its supplier (14.65 psi), shall be billed 2.05% less per MCF
for purchased gas adjustment than the General Customer Rate Schedule.
"(0 INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be
interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from
any cause whatsoever, to conserve gas for residential and other human need
customers served hereunder, according to all mandatory orders of governmental
agencies having jurisdiction."
SECTION 4. The gas rates established in Section 3 of this ordinance shall take effect and
be applied against all service provided on or after the first day of August_, 2004.
SECTION 5, Section 55-100 of the Code of Ordinances is amended to include the
classification of customers and schedule of wastewater rates, which shall read as follows:
"Sec. 55-100. Schedule.
"(a) The monthly charge to be paid by users of sewer service furnished by the City's
municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter
55, shall be based on the amount of water used by the user according to the following
rates:
Classification
August August
'~ ~nn~ 1, 2004
e to July
v_., 31, 31, 2005
Inside City
Limits
$ !3.557 $14.234
One-family
minimum
monthly
charge (first
2,000
gallons)
July 20 2004 utility rate.doc
19
Classification
Inside City
Limits
One-family
per 1,000
gallons over
2,000
Inside City
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
Outside City
Limits
One-family
minimum
monthly
charge (first
2,000
gallons)
Outside City
Limits
One-family
per 1,000
gallons over
2,000
2004
27.!!5
5.483
Auqust
1,2004
to July
31,2005
2.878.
80.437
28.470
5.757
July 20 2004 utility rate.doc
2O
Classification
Outside City
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
Inside City
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
Inside City
Limits
Commercial
per 1,000
gallons over
2,000
Outside City
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
O
Auqust
1, 2004
to July
31, 2005
160.923
21.634
2.302
43.269
July 20 2004 u{nity rate.doc
21
Classification
2904
August
1, 2004
to July
31, 2005
Outside City
Limits
4.607
Commercial
per 1,000
gallons over
2,000
"(b) The amount of water used to compute the monthly bills to one family residential
customers shall be computed on the basis of the "winter average" or "interim average"
that is calculated under this subsection.
(1) Definitions
a_ W~nter Averaging Wastewater Charge Pedod - the
period of water and wastewater service dudng the three
complete consecutive reading pedods commencing on or
after December 1 of each year. Using the three complete
consecutive reading pedods, the City shall establish monthly
wastewater service charges for customers based upon their
average monthly water consumption_ The customer must
receive wastewater service at one location dudng the three
consecutive reading pedods in order to establish a "winter
average".
b. VV'~nter Average - The monthly wastewater usage established
by the City of Corpus Christi during the "winter averaging
wastewater charge period". This usage is the basis for monthly
billings which apply to service before and including July 31 of each
year, Billings which apply to service after July 31 will reflect
wastewater usages based on the previous "winter averaging
wastewater charge pedod".
c. Intedm Average - The monthly wastewater usage
established by the City for individual customers who have
not established a "winter average". The "interim average"
shall be recalculated each year based on the total "winter
average" consumption of all customers subject to winter
averaging divided by the number of winter averaging
customers, and shall be the basis for monthly billings until a
Ju~y 20 2004 utile7 rate.doc
22
"winter average" as defined in subsection (b)(1)b. of this
section is established for the individual customer.
d. Service Area - the geographic region served by the
City's wastewater system.
(2) Winter Average Criteda
a. "Winter Average" charges shall apply to one-family
residential customers only.
b. The "winter average" shall be based on a customer's
average water consumption for three complete consecutive
reading periods commencing with the customer's first
reading pedod on or after December 1 of each year.
c. The following method will be used to calculate a
customer's 'winter average".
1. Add the three winter months water
consumption to get total water consumption_
"2. Divide three month usage amount by 3 to
get winter average usage. Such winter
average usage shall be limited to a maximum
of 25,000 gallons.
"d. Using the winter average usage, apply the
applicable rates established in subsection (a) of this
section to calculate the customer's wastewater bill for
each month until a new average is established (or
rates are changed.
"e. New and Relocating Customers; Adjustments
"1. Customers new to the service area, who
have not established a "winter average", shall
be billed at the "intedm average" rate.
"2. Customers who are relocating within the
service area, who established a "winter
average' at their previous address, shall be
billed at the °intedm average" rate or their
"winter average' rate at the previous address,
whichever is less.
"3. Customers who are relocating within the
service, area, who have not established a
July 20 2004 uffi~ rate.doc
23
"winter average" at their previous address,
shall be billed at the "intedm average" rate.
"4. When a customer experiences a
substantial increase in water or wastewater
usage from hidden water leaks in the plumbing
system during the winter average charge
pedod, and if the customer can produce proof
of repairs, the Director of Finance or the
Director's designee may adjust the wastewater
bill.
"(3) Administrative change in rates.
"a_ Annually the City Manager shall calculate a~,~ue~Lbase
revenues from single-family residential wastewater
customers. Base revenues shall equal a thrcc year moving
average of actual revenues from single-family residential
wastewater customers, with each year's revenue adjusted
for all actual rate increases, which were implemented in
subsequent years. For this purpose, a year shall run from
June I through May 31.
"b. The City Manager shall annually, based upon the Winter
Average wastewater usage determined dudng the Winter
Averaging Wastewater Charge Pedod, adjust the rate in the
new fiscal year applied to each customer's winter average or
intedm average so that the Adjusted Rate will produce an
amount equal to the base revenues.
"(c) The rates established in subsection (a) of this section are based upon water
consumption for wastewater service customers with wastewater characteristics of 582
parts per million or less by weight of chemical oxygen demand index, 250 parts per
million or less by weight of biochemical oxygen demand index, and 250 pads per million
or less by weight of suspended solids index. If the wastewater characteristics exceed
any of these parameters shall pay an additional abnormal wastewater surcharges as
provided in Section 55-148."
SECTION 6. The wastewater rates established in Section 5 of this ordinance shall take
effect and be applied against all service provided on or after the first day of August, 2004.
SECTION 7. Section 55-148 of the Code of Ordinances is amended to include the
schedule of values used to determine the abnormal wastewater surcharges. Section 55-
148(a)(6) and (8) shall read as follows:
July 20 2004 ubT~ tale.doc
24
"Sec. 55-148. Fees.
"(a) Abnormal wastewater surcharge.
"(6)
Computations of each surcharge, as applicable, shall be based on
the following:
"S = V x 8.34 x X x (COD-562)
"S =V x 8.34 x Y x (BOD-250)
"S =V x 8.34 x Z x (TSS-250)
"S = Surcharge in dollars for the billing pedod.
'~/' = Water consumption in millions of gallons during the billing pealed.
"8.34 = Weight of water in pounds per gallon.
"X = Unit charge in dollars per pound for COD as established subdivision
(8) of this subsection.
"Y = Unit charge in dollars per pound for BOD as established in
subdivision (8) of this subsection.
"Z = Unit charge in dollars per pound for TSS as established in subdivision
(8) of this subsection.
"COD = Chemical oxygen demand strength index in parts per million by
weight, or ragA.
"BOD = Five-day biochemical oxygen demand strength index in parts per
million by weight, or mg/l.
"TSS = Total suspended solids strength index in parts per million by
weight, or mg/l.
"250 = Normal BOD and TSS strength in parts per million by weight, or
mg/l.
"562 = Normal COD strength in parts per million by weight, or mg/1.
July 20 2004 utility rate.doc
25
"(8)
The values for X, Y, and Z used in subdivision (6) of ~is subsection to
determine the abnormal wastewater surcharge are:"
Value
~ ...... ' Au.qust
· ~nn~ 1 2004
te to
h,., ~ July 31,
~nna 2005
X (unit
charge in
dollars per
pound of
COD)
en nnnn $0.0000
Y (unit
charge in
dollars per
pound of
BOB)
0,2372 0.2490
Z (unit
charge in
dollars per
pound of
TSS)
0.1789
SECTION 8, The values used to determine the abnormal wastewater surcharges
established in Section 7 of this ordinance shall take effect and be applied against all
sen/ice provided on or after the first day of August., 2004.
SECTION 9, If for any reason any sectJon, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 10. 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.
July 20 2004 utE~ rate.doc
26
That the foregoing ordinance was read for the first time and passed to its second
reading on this the [ ~"~ day of ~ ,2004, by the following vote:
Samuel L. Neal, Jr. (~'_, Bill Kelly
Brent Chesney ~R~/-- RexA. Kinnison
Javier D. Colmenero ~.~. Jesse Noyola
Melody Cooper ~ W" Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of ,2004 by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Jav~er D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Ga~e~
PASSED AND APPROVED, this the day of
,2004.
A'FrEST:
Armando Chapa
City Secretary
APPROVED: I <; JC day of July, 2004:
Lisa Aguilar
Assistant City A-ffomey
for City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Chdsti
July 20 20~4 utility rate.doc
29
CITY COUNCIL
AGENDA MEMORANDUM
July 27, 2004
AGENDA ITEM:
a. Motion to amend pdor to second reading Section 2 of the ordinance amending the
Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and Other
Refuse, regarding resource recovery fees; providing for penalties; and providing for
an effective date of August 1, 2004; by revising the table in section 21-41(e)(2).
b. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus
Chdsti, Chapter 21, Garbage, Trash and Other Refuse, regarding resource recovery
fees; providing for penalties; and providing for an effective date of August 1, 2004.
ISSUE:
The Proposed FY 2004-05 Budget includes estimated revenues generated from increased
fees/rates and new fees/rates necessary to fund specific projects and/or cover existing
operating costs. This proposed rate increase has been presented during the Budget
process and is detailed in the FY 2004-05 Proposed Budget Book under the title
"Supplemental Information", page 417.
In Section 21-41(e)(2) D, Construction and demolition debds and E, Heavy brush and yard
waste are measured. To emphasize this, the language "not weighted" has been added to
both, D and E.
PREVIOUS COUNCIL ACTION:
July 13, 2004 - Council passed First Reading of Ordinance.
REQUIRED COUNCIL ACTION:
Approval of the motion and ordinance described, increasing rates included in the FY 2004-
05 Proposed Budget as amended by Amendment #1.
RECOMMENDATION:
Approval of ordinance as presented.
Acting Director of ~)
Management and Budget
MOTION - JULY 27, 2004
Motion to amend Section 2 of the ordinance amending the Code of Ordinances, City of
Corpus Chdsti, Chapter 21, Garbage, Trash and Other Refuse, regarding resource
recovery fees; providing for penalties; providing for severance; providing an effective
date; and providing for publication, which was passed on first reading on July 13, 2004,
by revising the table in Section 21-41(e)(2) to read as follows:
"Sec. 21-41. Charges-For disposal services.
"(e) The following fee schedule applies to each load of solid waste deposited at a
disposal site operated by the department:
"(2) Commercial vehicles (tipping rate)
A Solid waste by weight $26.50
$29.17 per ton*
B
Loose load of solid waste, not weighed
7.10
7.81 per cubic
yard*
C
Compacted load of solid waste, not weighed
9.43
10.38 per
cubic yard*
D
Construction and demolition debds, Eot
weiahe~d
10.38 .per
cubic yard
E
Heavy brush and yard waste, not weighe_d
9.'!.3
10.38 per
cubic yard
F Commercial vehicle transporting household No charge
waste for a residential customer, when
accompanied by the residential customer. (The
residential customer must be the driver or a
passenger in the commercial vehicle or arrive
in a separate vehicle at the landfill with the
residential customer's waste.)
R4~419B1.doc
*Includes state disposal fee, state/federal mandated surcharges as provided by
section 21-42, and a portion of the municipal solid waste system service charge
as provided by section 21-47."
R43419B1.doc
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE,
REGARDING RESOURCE RECOVERY FEES; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION t. Section 21-40 is revised to read as follows:
"Sec. 21-40. Charges-For collection services within the City of Corpus Christi.
"(a) The following charges apply to the collection of solid waste from solid waste
services depa~b.ent customer located within the limits of the City of Corpus Christi. In
addition to the charges listed below, each customer is liable for any applicable
federal/state curchargos or fees speoifiod in coction 21 20 and state and city taxes. The
charges for collection services are:
Type Description
Minimum
Charge
Per Month
or Fraction
Thereof
Collection
(1)
One-family dwelling
$13.25
26.50
(2)
Two-family dwelling on one (1) water and/or gas
meter
(3)
Two-family dwelling on separate water and/or gas
meters
"1") O~
13.25
each unit
(4) Apartment
13.25 per
unit
(5)
One-family dwelling and single apartment on one
(1) water and/or gas meter
26.50
SECOND READING VERSION
R43419A5.d oc
(6)
(7)
(8)
(9)
(10)
Apartment house, travel trailer park, or !2.25
manufactured home park on one (1) water and/or 13.25 per
gas meter unit
Apartment house, travel trailer park, or 12.25
manufactured home park - Each apartment, travel 13.25 per
trailer pad, or manufactured home site on separate unit
water and/or gas meter
Additional charge for rear door pickup on any type 10.75 per
above unit
Additional loads of heavy brush or bulky item at 48.00 per
time of scheduled heavy brush or bulky item load
collection
Surcharge for bulky item pickup
10.00 per
item
Special non-scheduled heavy brush, clean wood, Actual cost
waste, debds, or bulky items pick up, including pick not to
up of heavy brush and debris set out more than two exceed
(2) weeks prior to the scheduled pick up or brush or $200.00
debds that is a traffic, safety, or health hazardper load
(12) Recycling containers: Each solid waste services 4.00 per
customer account will pay a fee for recycling container
containers that will be refunded upon termination of
the account and return of the recycling containers
(13) Surcharge for tires set out for collection 5.00 per
tire
"(b) Except as provided in section 21-41, any residence, apartment, or other premises
that does not receive collection services from the department under the provisions of
section 21-10 of this chapter, will not be charged collection or disposal fees.
"(c) Collection services for an apartment house, travel trailer park, or manufactured
home park on one (1) water or qas meter will be charged aqainst the person in whose
name the water or qas meter account is maintained.
"(d) A business and commercial institutions establishment and any other occupied
premises located within the City of Corpus Christi, except a residence covered by
paragraphs (a) and (b) of this section, shall be charged for collection services by the
department at a rate determined by the director based on the following:
R43419A5.d oc
"(1) Any rate set must be reasonable and determined by the type amount of
refuse, the IocatJon of the refuse, the number of pickups per week that are
necessary to propedy service and maintain sanitary conditions, and in proportion
to the minimum rate established in this paragraph.
"(2) The director may not set a rate below twenty three dollarc and twenty clx
cents ($23.26) twenty-four dollars and twenty -six cents ($24.26'~ a month (the
minimum rate), plus any applicable state disposal fees and state and city taxes."
SECTION 2. Section 21-41(e) is revised to read as follows:
"Sec. 21-41. Charges-For disposal services.
"(e) The following fee schedule applies to each load of solid waste deposited at a
disposal site operated by the depa~b.ent:
"(1~ Residential customers
A Corpus Chdsti residential customer for trash, yard No charge
waste, heavy brush, bulky items, large household
appliances, and clean wood waste, but no
construction/demolition materials. (The director
shall determine what form of identification is
required to prove that the individual is a resident of
the city.)
B
Corpus Chdsti residential customer for
construction/demolition materials
No charge
on first
Saturday of
each month
C
Corpus Christi residential customer during
community clean up events approved by the
director
No charge
D
Non-Corpus Christi resident, who is covered by a
special agreement between the City of Corpus
Christi and another agency for solid waste disposal,
hauling individual's household waste in personally
owned, non-commercial vehicle.(The director shall
determine what form of identification is required to
prove that the individual is a beneficiary of the
special agreement.)
As
specified in
the special
agreement
E
Any other individual hauling the individual's own
household waste in personally owned, non-
Commercial
tipping fee
R43419A5.doc
4
commercial vehicle
rate per
load, plus
special fees
for
appliances
and tires
"(2) Commercial vehicles (tipping rate)
A Solid waste by weight $26.50
$29.17 per ton*
B Loose load of solid waste, not weighed 7.!9
7.81 per cubic
yard*
C
D
E
Compacted load of solid waste, not weighed
Construction and demolition debds, not
weiahed
Heavy brush and yard waste, not :weighed
9.43
10.38 per
cubic yard*
9.~,3
10.38 per
cubic yard
10.38 per
cubic yard
F Commercial vehicle transporting household No charge
waste for a residential customer, when
accompanied by the residential customer. (The
residential customer must be the driver or a
passenger in the commercial vehicle or arrive
in a separate vehicle at the landfill with the
residential customer's waste.)
*Includes state disposal fee, state/federal mandated surcharges as provided by
section 21-42, and a pot[ion of the municipal solid waste system service charge
as provided by section 21-47."
"(3) Special fees
A
Clean, uncontaminated dirt that is suitable for
landfill use (as determined by landfill
superintendent or designee of the
No charge
R43419A5.doc
supedntendent)
B Clean rubble suitable for recycling, including $8.00 per ton
crushed concrete, asphalt, bdcks, etc.
C Large household appliances, such as stoves, 2.00 each
washing machines, clothes dryers,
dishwashers, refrigerators, or other similar
items, except large household appliances
transported in a non-commercial vehicle by a
residential customer who resides within the city
D Tires
Automobile
Truck or large trailer tires (16-19")
Tractor tires(<20")
Larger than 20"
Cut into quarters or more
Vehicles with loads not adequately secured so
as to prevent any of the contents of the
transported load from being ejected or dropped
during transport of the load
F Use of scales 25.25
G Any solid waste that requires special As determined
preparation, handling, or cover by the director
E
1.00
2.00
3.00
Not accepted
Tipping fee rate
5.00
5
SECTION 3. Section 21-47, Code of Ordinances is amended by adding a new
subsections (b)(9) and (k) to read as follows:
"Sec. 2'1-47. Municipal solid waste system service charge,
"(b) The municipal solid waste system service charge for all waste collected is:
"(9) For business and commercial customers serviced bV the department, the
municipal solid waste svstem service char~le is one dollar and eiqhty-six cents
($1.86) per month ('which includes the city street use fee).
R43419AS.d oc
"(k) In addition to the municipal solid waste system service charqe, each customer is
liable for any applicable state and c~ taxes on the municipal solid waste svstern service
charge.
SECTION 4. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 21-3 of the City Code of
Ordinances.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 6. This Ordinance is effective August 1, 2004.
SECTION 7. 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 Chdsti.
R43419AS.doc
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyo~a
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
Al-rEST:
,2004 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ day of
,2004.
Armando Chapa
City Secretary
APPROVED:, 27th da~,v of July,
cMi~A~rn ei~ r'~4C'~
2004:
Samuel L. NeaI, Jr.
Mayor
R43419AS.doc
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE,
REGARDING RESOURCE RECOVERY FEES; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 21-40 is revised to read as follows:
"Sec. 21-40. Charges--For collection services within the City of Corpus Christi.
"(a) The following charges apply to the collection of solid waste from solid waste
services depa~[ment customer located within the limits of the City of Corpus Chdsfl. In
addition to the charges listed below, each customer is liable for any applicable
federal/state curchargec or fees spoc~fiod in ccction 21 20 and state and city taxes. The
charges for collection services are:
Type Description
Minimum
Charge
Per Month
or Fraction
Thereof
Collection
(1)
One-family dwelling
$!2.25
$13.25
2d.59
26.50
(2)
Two-family dwelling on one (1) water and/or gas
meter
(3)
Two-family dwelling on separate water and/or gas
meters
13.25
each unit
(4) Apartment
12_25
13.25 per
unit
(5)
One-family dwelling and single apartment on one
(1) water and/or gas meter
26.50
FIRST READING VERSION
R43419A4 doc
2
(6)
(7)
(8)
(9)
(10)
(11)
Apartment house, travel trailer park, or !2.25
manufactured home park on one (1) water and/or 13.25 per
gas meter unit
Apartment house, travel trailer park, or !2.25
manufactured home park -- Each apartment, travel 13.25 per
trailer pad, or manufactured home site on separate unit
water and/or gas meter
Additional charge for rear door pickup on any type 10.75 per
above unit
Additional loads of heavy brush or bulky item at 48.00 per
time of scheduled heavy brush or bulky item load
collection
Surcharge for bulky item pickup
10.00 per
item
Special non-scheduled heavy brush, clean wood, Actual cost
waste, debds, or bulky items pick up, including pick not to
up of heavy brush and debris set out more than two exceed
(2) weeks prior to the scheduled pick up or brush or $200.00
debris that is a traffic, safety, or health hazard per load
(12) Recycling containers: Each solid waste services 4.00 per
customer account will pay a fee for recycling container
containers that will be refunded upon termination of
the account and return of the recycling containers
(13) Surcharge for tires set out for collection 5.00 per
tire
"(b) Except as provided in section 21-41, any residence, apartment, or other premises
that does not receive collection services from the department under the provisions of
section 21-10 of this chapter, will not be charged collection or disposal fees.
"(c) Collection services for an apartment house, travel trailer park, or manufactured
home park on one (1) water or .qas meter will be charqed aqainst the person in whose
name the water or qas meter account is maintained.
"(d) A business and commercial institutions establishment and any other occupied
premises located within the City of Corpus Christi, except a residence covered by
paragraphs (a) and (b) of this section, shall be charged for collection services by the
department at a rate determined by the director based on the following:
R45419A4.doc
3
"(1) Any rate set must be reasonable and determined by the type amount of
refuse, the location of the refuse, the number of pickups per week that are
necessary to propedy service and maintain sanitary conditions, and in proportion
to the minimum rate established in this paragraph.
"(2) The director may not set a rate below twenty threo dollam and twenty
ocntc ($23.26) twenty-four dollars and twenty -six cents ($24.26) a month (the
minimum rate), plus any applicable state disposal fees and state and city taxes."
SECTION 2. Section 21-41(e) is revised to read as follows:
"Sec. 21-41. Charges-For disposal services.
"(e) The following fee schedule applies to each load of solid waste deposited at a
disposal site operated by the department:
"(1) Residential customers
A Corpus Christi residential customer for trash, yard No charge
waste, heavy brush, bulky items, large household
appliances, and clean wood waste, but no
construction/demolition materials. (-l'he director
shall determine what form of identification is
required to prove that the individual is a resident of
the city.)
B
Corpus Christi residential customer for
construction/demolition materials
No charge
on first
Saturday of
each month
C
Corpus Chdsti residential customer during
community clean up events approved by the
director
No charge
D
Non-Corpus Chdsti resident, who is covered by a
special agreement between the City of Corpus
Christi and another agency for solid waste disposal,
hauling individual's household waste in personally
owned, non-commercial vehicle.(The director shall
determine what form of identification is required to
prove that the individual is a beneficiary of the
special agreement.)
As
specified in
the special
agreement
E
Any other individual hauling the individual's own
household waste in personally owned, non-
Commercial
tipping fee
R43419A4.doc
commercial vehicle
rate per
load, plus
special fees
for
appliances
and tires
"(2) Commercial vehicles (tipping rate)
A Solid waste by weight ~.v.we~ ~n
$29.17 perton*
B
Loose load of solid waste, not weighed
7.10
7.81 per cubic
yard*
C
Compacted load of solid waste, not weighed
9.43
10.38 per
cubic yard*
D
Construction and demolition debds
10.38 per
cubic yard
E
Heavy brush and yard waste
10.38 per
cubic yard
F Commercial vehicle transporting household No charge
waste for a residential customer, when
accompanied by the residential customer. (-I'he
residential customer must be the driver or a
passenger in the commercial vehicle or arrive
in a separate vehicle at the landfill with the
residential customer's waste.)
*Includes state disposal fee, state/federal mandated surcharges as provided by
section 21-42, and a portion of the municipal solid waste system service charge
as provided by section 21-47.
"(3) Special fees
A
Clean, uncontaminated dirt that is suitable for
landfill use (as determined by landfill
superintendent or designee of the
No charge
R43419A4 doc
B
C
supedntendent)
Clean rubble suitable for recycling, including
crushed concrete, asphalt, bricks, etc.
Large household appliances, such as stoves,
washing machines, clothes dryers,
dishwashers, refrigerators, or other similar
items, except large household appliances
transported in a non-commercial vehicle by a
residential customer who resides within the city
D Tires
$8.00 per ton
2.00 each
E
Automobile
Truck or large trailer tires (16-19")
Tractor tires(<20")
Larger than 20"
Cut into quarters or more
Vehicles with loads not adequately secured so
as to prevent any of the contents of the
transported load from being ejected or dropped
dudng transport of the load
F Use of scales 25.25
G Any solid waste that requires special As determined
preparation, handling, or cover by the director
1.00
2.00
3.00
Not accepted
Tipping fee rate
5.00
SECTION 3. Section 21-47, Code of Ordinances is amended by adding a new
subsections (b)(9) and (k) to read as follows:
"Sec. 21-47, Municipal solid waste system service charge.
"(b) The municipal solid waste system service charge for all waste collected is:
"(9) For business and commercial customers serviced by the department, the
municipal solid waste system service charqe is one dollar and eighty-six cents
($1.86) per month (which includes the cit'¢ street use fee).
R43~19A4.doc
6
"(k) In addition to the municipal solid waste svstem service charqe, each customer is
liable for any applicable state and city taxes on the municipal solid waste system service
charRe.
SECTION 4. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 21-3 of the City Code of
Ordinances.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 6. This Ordinance is effective August 1, 2004.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Chdsti as required by I~e City Charter of the City of Corpus Chdsti
R43419A4.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the J';~ day of ~ ,2004, by the following vote:
Samuel L. Neal, Jr. LAJ.,/.,~,( · Bill Kelly
Brent Chesney ~ Rex A. Kinnison
Javier D. Colmenero ~x~_. Jesse Noyola
Melody Cooper ~,U/'~I~., Mark Scott
Henry Garret[
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of ,2004 by the following vote:
Samuel L Neal, Jr. Bill Kelly
Brent Chesney Rex A. KJnnison
Javier D. Colmenero Jesse Noyola
Melody Cooper Mark Scott
Henry Garrett
PASSED AND APPROVED. this the __ day of ,2004.
A'I-I'EST:
Arrnando Chapa
City Secretary
APPROVED: ~ dayof July, 2004:
Samuel L Neal, Jr.
Mayor
7
R43419A4 doc
30
CITY COUNCIL
AGENDA MEMORANDUM
July 27, 2004
AGENDA ITEM: In support of the FY 2004-05 Proposed Budget which includes fee
increases and/or new proposed fees.
ISSUE:
The Proposed FY 2004-05 Budget includes estimated revenues generated from increased
fees/rates and new fees/rates necessary to fund specific projects and/or cover existing
operating costs. The proposed fee/rate increases have been presented dudng the Budget
process and are detailed in the FY 2004-05 Proposed Budget Book under the title
"Supplemental Information", pages 413-420. The Garage Sale Permit Fee, number 18 is
excluded.
PREVIOUS COUNCIL ACTION:
July 13, 2004 - Council passed First Reading of Ordinances.
REQUIRED COUNCIL ACTION:
Approval of the ordinances and resolutions described, increasing or establishing fees/rates
included in the FY 2004-05 Proposed Budget as amended by Amendment #1.
RECOMMENDATION:
Approval of ordinances and resolutions as presented.
Debbie Marroquin, P.E.
Acting Director of~
Management and Budget
AN ORDINANCE
AMENDING THE SECTION 55-7, CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, REGARDING 9-1-1 SERVICE FEES; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 55-7, Code of Ordinances, is amended by revising the definition
of "local exchange access line or equivalent local exchange access line" and adding a
definition of "wireless service provider'' in subsection (a) and revising subsection (b) to
read as follows:
"Sec. 55-7. Local exchange access line 9-1-1 service fee.
"(a) Definitions. The following words, terms, and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the context
cleady indicates a different meaning:
"Local exchange access line or equivalent local exchange access line means any
telephone line or service for which a federal subscriber line charge is assessed
by a local exchange service provider on the customer's bill or any cellular
telephono, communication channel, porconal communication system, commercial
mobile radio service, cable/broadband services, or any other wire means that
connects the customer to the public switched telecommunications network and
provides the customer with ability to reach a public safety answering point by
dialing the digits 9-1-1. The term does not include public telephone equipment
operated by card reader, commercial mobile radio service that provides access
to a paging or other one-way signaling service, a communication channel
suitable only for data transmission, a line from a telecommunications service
provider to an Internet service provider for the Intemet service provider.s data
modem lines used only to provide its Intemet access service and that are not
capable of transmitting voice messages, a wireless roaming service, wireless
service provider, or other non-vocal commercial mobile radio service.
'~r[reless service provider" means a wireless service provider as defined in
Section 711.001(12), Texas Health & Safety Code.
"(b) 9-1-1 emergency service fee. Each service supplier in the city shall collect a 9-1-1
emergency service fee of fifty cents ($0.50) seventy cents ($0.70~ per month for each
2
residential local exchange access line and ninety cents ($0.90~ for each business local
exchange access line. The 9-1-1 emergency service fee shall be used only for costs
attributable to equipment and personnel necessary to operate the city's public safety
answering point."
SECTION 2. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 3. 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 4. This Ordinance is effective August 1, 2004.
SECTION 5. 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 Chdsti.
R44409A2.DOC
That the foregoing ordinance was read for the first time and passed to its second
reading on this the I ~ day of ~ ,2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
RexA. Kinnison
Jesse Noyola
Mark S~
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
AFrEST:
,2004 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2004.
Armando Chapa
City Secretary
APPROVED:. ~ day of July, 2004:
City Attorney
Samuel L. Neal, Jr_
Mayor
AN ORDINANCE
REVISING SECTIONS 23-57(3)(b), 6-23(j), and 19-33(b), CODE OF
ORDINANCES, TO INCREASE HEALTH DEPARTMENT FEES
RELATING TO POOL INSPECTIONS, RABIES TESTING, AND
FOOD ESTABLISHMENT HEALTH PERMITS; PROVIDING FOR
SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 23-57(3)(b), Code of Ordinances, is revised to read as follows:
"Sec. 23-57. Swimming pool standards.
"The following rules pertaining to swimming pools shall ~ are in full force and effect:
"(3) Inspections; fee.
"(b) Inspection fee. An annual inspection fee of f-n~j dollars ($50.00)
one hundred dollars ($100.00), payable on or before Apdl 1 of each
year, she!! must be paid for each property swimming pool. The direc-
tor of public health shall establish procedures for collecting said the
fee. No person sha!! may operate a property swimming pool unless
the pool's annual inspection fee is currently has been paid. Each day
of operation in violation of this section shall constitute constitutes a
separate offense."
SECTION 2. Section 6-23(i), Code of Ordinances, is revised to read as follows:
"Sec. 6-23. Animals biting a,",d!cr o.~r exhibiting symptoms of rabies.
~(i) Owner to pay costs. Payment of costs. The owner of an animal quarantincd under
this section shall pay to thc animal control cupcrvisor the reasonable costs of the quar
antino and disposition of the animal, including charges for shipment of thc animal's
head or brain, if requircd, to the nearest Texas Department of Health laboratory for test
ing. The owner chall pay to the animal control supervisor a fcc of eight dollars ($8.00)
for preparation of each animal head for shipping to the state dopartmont laboratory for
rabies testing. Where the o~cr of a nonquarantinod animal is required to or requests
that the head or brain of the animal bc shippod {o an appropriate lab, thon thc owner
chall be rosponsible for paying costs of preparation and shipping.
"(1) The owner of an animal quarantined under this section shall pa,/to the
animal control supervisor the reasonable costs of the quarantine and disposi-
tion of the animal, includin¢l charqes for preparation, processinq, and ship-
ment of the animal's head or brain, if required, to the nearest Texas Depart-
ment of Health laboratory for testinq. The fee for preparation, processinq,
and shipment, by the animal control supervisor, of the animal's head or brain
is seventy-five dollars ($75.00).
"(2) The owner of a non-quarantined animal or a veterinarian, if required by
law or upon the owner's or a veterinarian's request, may seek the services
of the animal control supervisor to prepare, process, and ship the head or
brain of an animal to the nearest Texas Departrnent of Health laboratory for
testinq. If the head or brain is prepared b,/a veterinarian for processinq and
shipment by the animal control supervisor, the person requestinq the service
shall pa,/a fee to the animal control supervisor off'rE,/dollars ($50.00). If the
head or brain is prepared by the animal control supervisor for processincl and
shipment, the person requestinq the service shall pay a fee to the animal
control supervisor of seventy-five dollars ($75.00)."
SECTION 3. Section 19-33(b), Code of Ordinances, is revised to read as follows:
"Sec. 19-33, Issuance; fee.
"(b) Prior to the issuance of a health pen-nit, the applicant shall pay a
fee according to the following schedule:
"Food service or food processing establishments:
"Having more than one hundred (100) employees .................... $4,5~3~3 650.00
"Having seventy-six (76) through ninety-nine (99) employees.._$39,5.~O 570.00
"Having fifty-one (51) through seventy-five (75) ~,~c nn
employees ...... ,, ...... 485.00
"Having twenty-six (26) through trey (50) employees ................. $ ......410.00
...... $ ...... 325.00
"Having nineteen (19) through twenty-five (25) employees ,~c nn
"Having nine (9) through eighteen (18) ~Tn n~
employees .................... $ ......245.00
........................... $ ...... 205.00
"Having four (4) through eight (8) employees ~ '~ n nn
"Having fewer than four (4) employees ....................................... $ 85.00 120.00
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it will not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of the City Council that every section, paragraph, subdivision, phrase, word, and
provision of this Ordinance be given full force and effect for its purpose.
SECTION 5. A violation of this ordinance or the requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the Code of
Ordinances.
SECTION 6. Publication of this ordinance is to be made in the official publication of the
City of Corpus Chnsti as required by the City Charter of the City of Corpus Chdsti,
Texas.
SECTION 7. This ordinance is effective August 1, 2004.
Corpus Christi, Texas
The foregoing ordinance was read for the first time and passed to its second reading on
this the /~ day of ~(~
Samuel L. Neal, Jr. .(~L,~.~ ..
Brent Chesney ~
Javier D. Colmenero ~.
Melody Cooper ~ ~
Henry Garrett ~.
Jesse Noyola
Mark Scott
,2004, by the following vote:
Bill Kelly
Rex A. Kinnison ~ ,
The foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED on the
ATTEST:
day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
AP?~OVED AS TO LEGAL FORM:
Eliza~h R. Hundley ~ /,- j
Assi~[l~nt City Attorney {,._.,/
for the City Attorney
Samuel L. Neal, Jr.
Mayor
,2004
H:~EGq31R~el[zabe(h~3ept Files~H Ordinanc~s~EHordl49.doc
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 2, ADMINISTRATION, REGARDING LIBRARY
FEES PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 2-79 of the Code of Ordinances is revised to reed as follows:
"Sec. 2-79. Fees.
"(a) Overdue fees:
(1)
Each book, phonodisc (roc, ords), vortical filo
libraw item and do~umont, per day
$0.25
(2)
Each art print, 8mm film, modia kit, and
A V oquipmont othor than 16mm projector,
Maximum overdue fee
~ price of itom
actual
replacement
cost or ori.qinal
cost of item.
whichever is
.qreater
Annual Non-Resident Library Fee
$25.00
The Annual Non-Resident Library
Fee does not apply to the followincl
members of the an'ned forces and
their dependents'_
Members stationed:
(1) within the CH limits;
(2~ at the US Naval Station,
In~leside, Texas; or
(3) at the Coast Guard Station,
Port Aransas.Texas.
SECTION 2. The fees established in Section 1 of this ordinance shall take effect and be
applied against all service provided on or after the first day of August, 2004.
6.28 04 O~linan~e reviSing Library fees.doc
2
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made in fl~e official publication of the City of Corpus
Chdsti as required by the City Charter of the City of Corpus Chdsti_
6.28.o40rdinanc~ revising Lib~ry
3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the /'~ day of~.,~ ,2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of ,2004 by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the __ day of
AT]'EST:
Armando Chapa
City Secretary
APPROVED: day of July, 2004:
VeronTca Ocafias
Assistant City Attomey
for City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Chdsti
6.28.04 Ordlnanc~ revising Library fees.doc
AN ORDINANCE
AMENDING CHAPTER 18, FIRE PREVENTION CODE, OF THE
CITY CODE OF ORDINANCES BY REVISING SECTION 18-1 (b)
(12), FEE SCHEDULE; BY REVISING SECTION 18-20,
AMBULANCE RATES; AND BY ADDING SECTION 18-3,
HAZARDOUS MATERIAL AND DEBRIS CLEAN-UP FEE;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The Code of Ordinances, City of Corpus Chdsti, Section 18-1(b)
(12). 105.8, Fee Schedule, is revised to read as follows:
CORPUS CHRISTI FIRE DEPARTMENT
FIRE PREVENTION PERMIT FEE SCHEDULE
PermitT~e F~
Fire/arson reports
Airports, heliports and helistops
Assembly, A-1 or A-2
Automatic sprinklers, standpipes, and fire
lines (testing)
Churches (one-time fee-no day care
facility on premises)
Combustible fibers (storage and
handling)
Compressed gas
Cryogenic fluids
Day care facilities (or similar short-term
occupancies)
$ 4.00 per page
,~9~00-100.00 annually
70.00 100.00 annually
55.00 100.00 per visit
67.00
87.00 100.00 annually
~..O0 100.00 annually
ed.00 100.00 annually
40.00 50.00 annually
H:~LEG-DIRgoseph\Ord-Fees04-combined.doc
Dry cleaning plants
Explosives, btasting agents and
ammunition
Extinguishing systems
Fire alarm systems
Fire alarm systems (required 15,000
square foot zones)
Fireworks display (aerial)
Fireworks display (nonaerial)
Flammable and combustible liquids
Flammable finishes
Foster homes and group homes
Fumigation and thermal insecticide
fogging
H~Tardous chemicals
High piled combustible stock
High rise life safety system (testing
before issuance of C. of O.)
Hospitals and nursing homes (per bed)
Hospitals and nursinq homes (per facility)
Liquified natural gas
Liquified petroleum gas
79.99 100.00 annually
8,3~3-150.00 annually
~.~..90 50_00 per inspection
37.00 75.00 per floor
37_00 75.00 per zone
!~5.00 250.00 per disp.
~150.00 per disp.
7!.00,100_00 annually
70.00 100:00 annually
40~39-60.00 annually
34~g9-350.00 annually
87.00 100_00 annually
~3.OO 100.00 annually
1~.00 200.00 per test
1.20 per bed
250.00 annually
~3.90 100.00 annually
63.00 100.00 annually
HSLEG-DIRXJoseph\Ord-Fees04-combined.doc
Lumber storage
Mechanical refrigeration
Open buming
Organic coatings
Plans review
Pressure test (fuel storage tanks and/or
product lines)
Repair garages
Restaurants (facilities that accommodate
100 or less occupants)
Restaurants (facilities that accommodate
more than 100 occupants)
Special handlinq fee (less than 24-hours
notice)
Tank vehicles for flammable and
combustible liquids
Tents and air supported structures
Tire rebuilding plant
Underground/aboveground fuel tanks
(installation and removal)
Wrecking yard, junkyard or waste
handling
63.00 100.00 annually
30.99 $0.00 annually
83=00-150.00 per day
63.90 100.00 annually
150.00 per review
56.00 100.00 per visit
69.90 100.00 annually
~.0.00 75.00 annually
79.90 100.00 annually
100.00 per inspection
~.0.00 100.00 annually
70_00 75.00 annually
40.09 100.00 annually
56.00 100.00 per inspection
~.9.00 100.00 annually
H:~LEG-DIR~oseph\Ord-Fees04-combined.doc
SECTION 2. The Code of Ordinances, City of Corpus Christi, Section 18-20,
Ambulance rates, is revised to read as follows:
Sec. 18-20. Ambulance rates.
Ambulance rates for emergency medical service shall be charged as follows:
(a) Rates_
(1) Basic life support (BLS). e'~'~'~ nn
.. ,, ...... $355.00
(2) Advanced life support rates (ALS 1~... 479~;~500.00
(ALS 2-major medication)... 550.00
(b) Supplementary charges.
(1) Emergency runs wffhin or outside the city, but within Nueces
County, requiring the administration of oxygen, providinga *' ....... .... *"·
dollar ($20.00)thirb/-five dollar ('$35.00) charge in addition to the
appropriate charge defined in subsection (a) of this section.
(2) Providing a mileage charge of seven dollars ($7.00)nine dollars
($9.00) per mile for those calls inside the city limits and ten dollars
($!0_O0)twelve dollars ($12.00) for those calls outside the city
limits, from patient pick-up point to the hospital.
(6) ProvidinCl a charge of forty-five dollars ($45_00) for additional
personnel when needed to provide patient care dudn(3 transport.
SECTION 3. The Code of Ordinances, City of Corpus Chdsti, is amended by
adding Section 18-3, Hazardous matedal and debds clean-up fee, to read as
follows:
Sec. 18-3. Hazardous matedal and debds clean-up fee.
The fee for clean-up of hazardous matedal and debds performed by the Corpus
Chdsti Fire Department after a motor vehicle or other accident, inside or outside
the city limits, shall be a minimum of $100.00, and up to the actual cost of clean-
up, whichever is clreater.
H:K,EG-DIRUoseph\Ord-Fees04-combined.doc
SECTION 4. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 5. 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 Chdsti.
SECTION 6. This ordinance goes into effect on August 1, 2004.
H:kLEG-DIRUoseph\Ord-Fees04-combined_doc
That lhe foregoing ordinance was rea~rst time and passed to its second
reading on this the /'~ day of~ ,2004, by the following vote:
Samuel L. Neal, Jr. ~/ Bill Kelly ~ ~
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison ~
Jesse Noyola ~/
Mark Sco~t ~.,
That the foregoing ordinance was read for the second time and passed finally on
this the day of ,2004, 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
PASSED AND APPROVED, this the
ATrEST:
day of ,2004_
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form
By:
Joseph/~amey ~
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr_
Mayor
,2004;
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 33
OFFENSES AND MISCELLANEOUS PROVISIONS BY ADDING
ARTICLE VII. DANCE HALL PERMITS, PROVIDING FOR
SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING
FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Chapter 33, Offenses and miscellaneous provisions, is amended
by adding Article VII. Dance Hall Permits to read as follows:
"ARTICLE VII. DANCE HALL PERMITS.
"Sec. 33-107. Defini§ons.
The foilowtn~ words, terms and phrases, wflen used in this article, have the meanlnqs ascribed to
them in this section, except where the confaxt dean~/indicates a different meaninq:
Dance hall means any room, place or space wflere dancinq by pabons or customers is permitted.
inctudin¢l facilities ~or rent and niqht dubs.
Day or days means calendar da'~.
Hea/th official means the individual desiqnated as ~ healh'l oIT~cer or health authority fer the Ci'w
or desiqnee.
Permit oJScer means the persor% or their dnsiqnee, within the Development Services Deparb~ent
designated to perform the funcl~ons set out in this article.
"Sec. 33-108. Permit required and excel~fions.
(a) A person commits an offense if the Demon ooerates a dance hall or allows a buildinq that
t~ey have an ownership interest in to be operated as a dance hall, without first obtainincl a permit
Eom bhe City.
(b) It is a defense to prosecution under this section that the action Is conductJncl a dance at a:
(11 Private residence from which the qeneral public is excluded;
(2) Place owned bv the federal, state, or local qovemment;
(3) Public or private dav care center, elementary school, secondary school, celle(~e, or
univemib/; or
(4~ P~ace owned by a reliclious omlenizatlen;
H:~LEG-DIR~Joseph\Ord-DanceHallFee.doc
"Sec. 33-109. Permit application.
(a) An appticatio~ for a permit to operate a dance hall must be made to the permit officer on the
form ~scribed by that official. The application must be accompanied by a sketch or diaaram,
draw~ to aporoxirnate scale, showin~ the contiuratin of the premises and the interior
dimensioes of the business to an accuracy of PlUS or minus six inches. The application will show
a site plan with the proper zoninq ctessificatin and occupancy type (lame or small assembly or
business).
(b) If a person w'no wishes to operate a dance hall is an Individual, they must siqn the
applicatice for a permit as the aPPlicant. Il' the person who wishes to operate a dance hall is one
o~er than an individual, each individual who has a 20 per cent or ~lreater interest in the business
must sicln the application for a permit.
(c) All aDplicafio~s must be accompanied by a nonre~ndable applk;ation fee in an amount
determined by the city council as a part of the annual budqeL
(d) An applicatin shall not be considered to have been filed until the application fee is paid
and all informalA;m required by the appr~Catin form Is submitted.
"Sec. 33-110. Application review.
The Derma officer will forward a cody of all dance hall permit applications to the PPlice
departmenL I~alfic er~in~..~.firm, health deparb'nent, fire departmenL plannir,3, bulldina inspection
and any other City department that wishes to partiipate in ~e review process. Upon receipt of
the copy of the applieatJcm, each reviewincl party may make such inspectin or investi(~ation of the
apelicant and the ~'emises that is nece~.. ~rv to the enforcement of ordinances and laws for which
they have resl:x~slbllity. Upen completin of the review, the revlewincl party may fonvard to the
pafmit olficef its appcoval or disaooff)val of the application. If the al3pticatio~ is disapproved, Ihe
reviewincl party will set forth its reason for the disapproval.
"Sec. 33-111. Permit issuance or denial; term.
(a) Issuance. The PPrmit officer will issue a dance hal{ permit, upon payment of the permit fee,
to ~n applicant within 30 days of the fllim3 of an epplicatin, unless the officer finds one or more of
the followinq is true:
(1) An applicant is under 18 years of aqe.
(2) An applicant has falsely answered a (luestin or request for information on the
aDolicatin form.
(3) The premises to be used have not been approved by the health department~ fire
deper'e'nent or bulidin(I inspection as beinQ in cernptiance with applicable laws and
ordinances.
(4) The applicant or a person the applicant is residinc~ with has been denied a permit or
the renewal oi' a permit under this article within the precedinc~ 12 monks or has had a
permit issued under this article revoked within the precedinq 12 months.
(5) An applicant or applicant's spouse has been convicted of a crime involvincl the
setlin(3, disb'ibution, manufacture. Dos.session. or use of a centrolled substance or of
conlTOlled substance paraphernalia; or solicitation to purchase or acquire a controlled
substance, conb'olled substance analoc~ue, danqerous druct or volalite chemical; or the
H:~LEG-DI]~LIo seph\Ord-D anceHallFee.doc
saJe of an alcoholic beveraqe without a permit or permit Eom the state; or prostitution or
promotion of prostitution; or manifesfincl the pumose of en(3a(~inq in pros~ution; or
unlawfully carryinq a weapon, provided:
a. If the conviction was for a misdemeanor offense, less than ~ years have
elapsed since the date of the conviction or the date of release from confinement
for the conv~-'tJon, whichever is the later date; or
b. It the conviction is for a felony offense, less than five years have elapsed
since the date of conviction or the date of release from confinement for the
conviction, whichever is the later date; or
c. If the conviction is for hvo or mom misdemeanor offenses or a combieation
of misdemeanor offenses occurdncl within any 24--month peded, less than five
years have elapsed since the date of the last conviction or the date of release
fTOm confinement for the last conviction; or
d. Provided furlJ'~er that the fact that a conviction Is belnq appealed shall have
no effect on the dlsclualificaflon o[ the apl31icant or aooricant's speuse.
(6) The place or manner in which the dance hall ma'/be conducted wan'ants refuse[ of
the I~"mit based on the f~eneral welfare, health, peace, morals, sefe[Y and sense of
deeancv of the ~eople; provided, that if this subsection serves as a basis for denYinq a
permit a~plicalJon and an appeal Is filed as provided under section 33-116. the permit
officer will have the burden of pmsentin<l evidence cleadv indica§nq that the stated
grounds for such officer's action existed
(b) Extension of review period. If the applicant is in the process o1: con'ecfin~ certain conditions
in the Premises SO that the premises will comply with applicable ordinances and laws. the
a~r~:ant may reouest in wrifln(3 that an extension of 30 days be made to the review period
(c) Term. No permit shall be effective un§l it has been issued. All permits for dance halls issued
under the provisions of this ariA:to shall be valid f(x a peried of one year Eom the date
issuance. The date of issuance shall be stated on the permit.
(d) Other perrn/t. Acquisition of a permit under this article is a separate and distinct re<~ulrement
frocn any other pen'nitfin~ rec~ulrements, Possession of serne other Permit shall not relieve a
pemon of the re~3uirement to obtain a permit pursuant to this adJcle.
"Sec. 33-112. Contenls; postJn.q of 13ermlt.
A dance hall permit issued under this article shall slate on its face to whom it is issued, the date
of issuance, the date of expire§on, the address and location of such dance hall and shall be
si¢lned by the permit officer. The permit shall be posted by the permltee in a conspicuous place
and in such a manner and position that it may be easily read at any time of day or night
"Sec. 33-113. Permit transfer.
(a) No permit issued under the provisions of this article shall be ~nsferred from one person.
Darlnemhip. or Comoration to another w~thout the payment of a transfer fee and the approval of
the Den'nit officer.
(b) The ~,ermit issued hereunder may be translen-ed from one location or place of business to
another k:x;ation upen ~ayment of a transfer fee If the new location is approved bY the permit
o~cer.
HSLEG-DIRUoseph\0rd-DanceHalIFee.doc
(c) Prior to aDDmvinc~ any transfer, the permit officer witl consult with the chief of pelice, fire
marshal, health authority, and buildin~ official, or their desiclnees, to determine if the new operator
or the new IocaUon meets all the standards and recluirements applicable to an ordinal applica~on
for a dance hall permit, includi~:l those set forth in section 33-111.
(d) The permitee may appeal the denial of any permit transfer by filinq an appeal as provided
for in section 33-116.
"Sec. 33-114. Suspension and revocation of permit.
(a) The permit officer may suspend or revoke a permit if such officer determines that the
permitee or an employee of the permitee has:
(1) V-~olated or Is not in compliance with any ordinance of the City or any State law
¢2) Re~used I.o allow an Inspection of the premises, as aulborized by this arUcle;
Demonstrated inability to operate or manacle a dance hall in a peaceful and law
abiding manneF,
¢4) A cause of ~$pension occum and the perrnlt has already been suspended within
the m'ececlinq 12 months;
(5) A i~ermitea ~ave false or misleadirm information in the material included ea or ~
their ortainal application or a renewal a[~:~ioafion or in response to an inaui~' by the City;
(6) A permk~ee or an ernployea of the ~ermitee has knowtnc~l¥ allowed ~c~sssseipp, use
or sale ol~ a controlled substance on the promises;
(7) A permitee or an employee of the permitse has ppssessed, used or sold a
conl~olled substance on the 0remlses:
(8) A permitee or an employee of the permitee has knowtnel¥ allowed the solicitations
for the oumose of i~'os~u§on on the 13~emises;
{g) A permitee or an employee of the perrnitee has been convicted ol~ a violation set
forth in sec~on 33-111{aW5) or any I)rovlslon of the state alcoholic bevem(~e code:
(10) The place or manner in whi(;h the dance hall may be conducted warrants
susr)enslon or revocation of tt~e permit based on the qeneral welfare, health, peace.
morals, sal~e~, and sense of decency ol~ the people
(b) The Pact that a convicfio~ Is beinc~ appealed shall have no effect on t~e suspension or
revocation of the ~ermit.
"Sec, 33-115. Permit renewal.
(a) A renewal a~olieal~on on the form ores(~bed b¥ the permit officer mav be submitted no
earlier than 60 days before the expiration of the permit. The renewal a~llcation must be
accorn~anled by a renewal fee. When an a[mlical~on for renewal is submitted less than 30 days
before ~ expiration date of the permit, the expiration date ol~ the permit witl not be affected.
except as provided in this arl~cle.
H:~EG-DIRUoseph\Ord-DanceHallFee.doc
(b) W~en the renewal al~plicafion has been filed as reauired above, [he permit officer will have
seven days to de[ermine whether to issue a renewal permit, or to reject [he renewal apelication
and require the al~licant to file an ofl<iinal al)l)licat~en and review ~he renewal request under ~he
same standards as I~e od(~inal permit al~lication. If the permit officer requires that the renewal
be handled as thou(Ih it ware a new aDl)ticafion, the review l)erlod set out in section 33-109 shall
commence ul)on the fllinq of the completed ori<iinal al~plicafion form. not ul)on the filinq of the
renewal aDDlicafion form. The follewin<i shall constitute qrounds for reiec'dna the renewal
al)Dlicatlen and re~uidnq the filin<i of an odqinal aDl)lical~on form:
(1) The receipt by any department of the City of complaints about the oDeraUon of [he
dance hall dudna U~e period that the permit for which renewal is souqht has been in force.
(2) The discovery bv any official of the City of a violation of any ordinance or law dudnq
the precedin<i year on the premises or related to the operation of the dance hall.
(3) An in.ease In police calls to the area immediately adiacent to [he premises.
(c) If a Derrnit expires dudrm an extension of the review period, l)mvided for in section 33-
11 l(b). the Dermitee may continue to operate the dance hall until a decision on the renewal is
rendered. If the renewal Is denied, the permltee must cease ooeratipe of the dance immediately
upen Detificebon. Notice of the denial shall be sufficient ff personally <liven to the oermitee or ~
dance hall supervisor provided for in section 33-118(a). or if delivered to the l)ermltea at the
address shown on [he renewal apolication by mail, retum rec~il)t requested.
(d) When an a0olica~n for renewal is ultimately denied, the al)plicant shall not be issued a
pe~Tnit for one year fnxn the date of the denial. If. subsequent to denial, the permit officer finds
[hat the basis for denial o1" the renewal permit has been corrected or abated, the al)l)licent may be
<iranted a oerrnlt if at least g0 days has elapsed since the date the denial of the renewal
al)olicaflon was linal.
(e) The reiection of a renewal application and re,3uirement that the renewal be handled as
thouqh it warn an oriclinal aol)lication ma,/not be al)Dealed; hov~ver, the final denial of a permit
renewal by the permit officer may be al)pealed in accordance with section 33-116.
· Sec. 33-116. Appeal.
{a) Procedure to a/ADeal. If either an oriolnal al)Dlicaben or a renewal application for a permit is
de~ied, suspended or revoked, bhe applica~lt shall be Informed of Hat ac~on by written notice that
states the basis for the ac'don. The apolicant/Dermitee may appeal that action to the city council
by filin<i a written al)peal with the cih. secretary's office wi[hin ten days of receiving ~ not~:e of
the denial, susl)ension or revocal~on of the permit In Ihe nol~ce 0i' appeal, the aDpealind part,/
shall clearly set out their reasons for bellevin<i that the action to deny, suspend or revoke the
permit was in error. If [he appeal is from the denial of a permit renewal, suspension or revocation.
[he denial, suspension or reveca~on may be Stayed durin<i the pendency of the al)peal and [he
dance hall may continue to operate.
(b) Council procedures. The city council will conduct a l)ublic headnq within 30 days of the fllinq
el' the al)peal. The city council may make such investi<iation as it may see fit into the appealin<i
party and the premises used or to be used for a dance hall. Ol)Dortunib/shall be afforded to all
gartJes and interested persons to present evidence or ar<iument on the issues involved In [he
al)peaL Within 30 days of the closin<i of ~ l)ublic headn<i, the cib/council will make its decision
on whe[her to overturn the denial, suspension or revoca~on of the permit_ A written notice settin<i
out the city council's decision shall be <liven to the appealina parh.. If the cib/council tails to act
w~in the timehame stated herein. [he denial, suspension or revocation of [he permit shall be
overturned. Provided l~at if [he appeal is ~rom a denial o[ an initial permit application, not a denial
H?~LEG-DIRXJoseph\Ord-DanceHallFee.doc
o[ a permit renewal, suspension or revocal~on. ~ ci~ council must conduct its headnq and make
~ decision on whether to oven~m the permit denial within 30 days from the filinq of the appeal.
(ct Standards for review of initial l)ermit denial. At the ap[oeal heannq on a denial o[ an initial
I:~ermit application, the a~ealin~ party must present evider~e ciearN indicetin~ that the permit
officer was incorrect in determlnir~ that the stated orounds fa' the permit denial existed.
Provided. that if the denial of an in,al permit application was based on section 33-111(a)(6). the
De,nit oi~cer, not the aDDlicenL will have the burden of ~'esent~n(~ evidence clearly indicatirm that
the stated qrounds [or such officer's aclJon existed.
(d) Standards for revtew of permit su,~oensio~, revocation or denial of renewaL At the appeal
headnq on a i)ermit suspension, revocation, or refusal to renew, the permit officer must oreeent
evidence clead¥ indical~nq that the stated erounds for such officer's action existed.
"Sec. 33-117. Permit fees.
Before any Dermit for a dance hall shall be issued by the City. the person a~x)lvinq for the permit
shall Day to the ~ the fees t~at are established by the ~ counc.~l as pert of the Cites annual
budeet These fees may Include an pepllcation fee to cover the cos~ associated with erocessinq
the aDer~cafion in addition to an annual permit fee. which is ixesontly set at $500.00. Transfer
and renewal fees am also set at $500.00.
"Sec. 33-118. Operation of dances and dance halls.
(at Dance hall su~etvfsor. A person who operates a dance hall must desiqnate one or more
m~sons as dance hall suDervlsors, The narr~ of the supe~,lsors must be included in a permit
al3~lical~on or renewal application. Whenever a chenqe In I~e supervisors occurs, no~ce of that
chancle shall be (:liven to the permit officer. A dance hall SUpe~sor must remain on the eremises
of the dance hall dudnq the time danctnq is permitted and until 30 minutes after the end of the
dance to insure that the dance is conducted In an orderly manner.
(bt Ina~:~,.tion. Reoresentatives of the police, fire. health, inspection or any other department
authorized to enforce provisions of this article or State laws with which a dance hall must comDly
may Inspect the premises of a dance hall [or {he Dureose of Insudnq compliance with Ifle law at
any time it Is open for business or OCCupied. A Demon who operates a dance hall or a person
desiqnated as the dance hall supervisor commits an offense if he refuses to permit an inspection
of the i~remises of a dance hall b¥ reoresentalJvas of the City departments named in section 33-
110.
(ct Aufl~:~y to vacate oremises. The chief of Ix~ica, fire marshal or bulldlncl official shall have
the ix~ver to cause a dance hall to be vacated whenever any orovision of this article is heine
violated or when a situation which imposes an immediate threat to safely exists. In addition.
where a v~olatJon of any ordinance of the CIh' or State law is discovered, the chief of pa[ice, fire
marshal or bulidlnCl O[ficlal may order that a dance hall be vacated and remain closed for up to 24
hours alter it is determined that the violation that resulted in the order to dose has been
corrected.
H:\LEG-DIR\Joseph\Ord-DanceHallFee.doc
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 hereof
be given full force and effect for its purpose.
SECTION 3. 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 4. This ordinance goes into effect on August 1, 2004.
SECTION 5. Penalties are as provided in this chapter.
H:~LEG-D1RXJo seph\Ord-DanceHallFee.doc
That the foregoing ordinance was read for the first time and pasSed to its second
reading on this the ~/~ day of (~/JJ~v- ,2004, by the following vote:
U /
Samuel L. Neal,
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly ~.~-)~,
Rex A. Kinnison ~
Jesse Noyola {f]-4~ ~,
Mark Scott ~
That the foregoing ordinance was read for the second time and passed finally on
this the day of ,2004, 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
PASSED AND APPROVED, this the
All'EST:
day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form
By:
Josep~ame~yJ
Assistant City Attomey
For City Attorney
Samuel L. Neal, Jr.
Mayor
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES: REVISING
SECTION 3 1/2-12(j) BY INCREASING THE PERMIT
APPLICATION OR RENEWAL FEE FOR ALARM
SYSTEM; REVISING SECTION 57-96 BY ESTABLISHING
TAXICAB DRIVER'S PERMIT FEE; REVISING SECTION
48-19 BY INCREASING THE PERMIT FEE FOR A
SEXUALLY ORIENTED BUSINESS; PROVIDNG FOR
SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS THAT:
SECTION 1. Section 3 1/2-12(j), Code of Ordinances, is revised to read as
follows:
"Sec. 3 112-12. Permit application; issuance.
(j) The fee for a permit issued or renewed pursuant to this article shall bctcn
dollars and fr~ty conts ($10.60). is $25.00 for residential alarm systems and
$47.50 for commercial or business alarm systems.
SECTION 2. Section 57-96, Code of Ordinances, is revised to read as follows:
"Sec. 57-96. Taxicab driver's permit required; ~ermit fee.
Every person desiring to drive a taxicab in the city shall apply for and
obtain a taxicab driver's permit from the taxicab inspector. It shall ~
unlawful for any person holding a certificate for the operation of a taxicab
service in the city to permit any person to ddve a taxicab unless such
person shall have a ddver's permit in good standing duly issued by the
taxicab inspector.
The fee for an odqinal, renewal or transfer taxicab ddver's permit is twenty
dollars ($20.00) and shall be paid at the time the permit application is filed
with the taxicab inspector. The fee for a replacement permit is ten dollars
($10.00).
SECTION 3. Section 48-19(g), Code of Ordinances, is revised to read as
follows:
"Sec, 48-19. Permit application.
(g) The fee for an odginal or transfer application is tiro hundrcd dollars
/t~r~n nn~ two thousand dollars ($2,000.00). The fee for a renewal application is
throo hundred twonty fivo dollars ($3215.00). Iwo thousand dollars ($2.000.00).
The fee for a reinspection of the premises is one hundred seventy-five dollars
($175.00). Payment shall be certified check, cashier's check or money order.
The fee shall be paid in full at the time of application and is not refundable.
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause,
phrase, work, or prevision of this ordinance is held invalid or unconstitutional by
final judgment of a court of competent jurisdiction, it will not affect any other
section, paragraph, subdivision, clause, phrase, word, or prevision of this
ordinance, for It is the definite intent of the City Council [hat every seofion,
paragraph, subdivision, phrase, word, and provision of this Ordinance be given
full force and effect for its purpose.
SECTION 5. A violation of this ordinance or the requirements implemented
under this ordinance constitutes an offense punishable under Section 1-6 of the
Code of Ordinances.
SECTION 6. This ordinance takes effect August 1, 2004.
SECTION 7. Publication of this ordinance is to be made in the official publical*ion
of the City of Corpus Christi as required by the City Charter of the City of Corpus
Chdsti, Texas.
Corpus Christi, Texas
The foregoing ordinance was read for the first time and passed to its second reading on
thisthe ].~ dayof ~ ,2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenere
Melody Cooper
Henry Gan'ett
Bill Kelly
Rex A. Kinnisen
Jesse Noyola
Mark Scott
The foregoing ordinance was read for the second time and passed finally on this the
day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED on the
ATTEST:
,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr.
Mayor
APPROVED AS TO LEGAL FORM: .L~L/Z,L, vv4;~
2004
Assistant City Attorney
for the City Attomey
31
AGENDA MEMORANDUM
SUBJECT: Appeal to Building Standards Board decision DATE: July 27, 2004
to require demolition of the structure located
at Ext. to S End 1, 2, and 3 of Block 9, commonly know as 1709 Coleman.
Al~enda Item: Council consideration of an appeal by Antonio Fuentes, Jr. of a Building
Standards Board decision to require demolition of the structure located at Ext. to S End
1, 2, and 3 of Block 9, commonly known as 1709 Coleman.
Issues: Staff is charged with determining the degree of deterioration of structure and
submitting to the Building Standards Board for determination. Antonio Fuentes, Jr. has
requested the City Council hear an appeal of the Building Standards Board decision
requiring demolition of the structure on the property in accordance with City Code
Section 13-28.
Background:
Project History Summary: Staff was first made aware of tiffs site through
notification by the area Direct Patrol Officer in June 2003. The site has one wood frame
structure, a house without garage. The building has been vacant for many years and has
had no utilities connected since 1941. Deterioration and vandalism led to an emergency
board-up of the structure by Code Enforcc'ment staff in June 2003. Staff conducted an
inspection of the structure and gave the owner written notice of the defects in June 2003
in accordance with Section 13-26 of the City Code. No pm'mits for general repair to the
structure have been purchased and no work has been performed on the structure. A
chronological synopsis of the events concerning the structures is attached.
Board Review: On May 27, 2004 the Building Standards Board ordered
demolition of the structure on the subject property.
Notice of Appeal: Section 13-28 (a) of the City Code provides that whenever it is
claimed that the decision of the Building Standards Board is erroneous, or that the
decision o£ the Board would cause undue hardship, the owner or occupant may appeal
fi.om the Board's decision to the City Council. Section 13-28 (a) states that the appeal
shall state specifically the error alleged to have been committed by the Board. In this
case, the owner states the Board's decision ot' demolition will prevent the owner of
selling the subject property to a relative, which would thereby allow the subject property
to remain a family asset. Additionally, the owner states that the funds encumbered by the
sale would be put forth towards the owner's children's college education.
Required Council Action: The Council may:
(1) deny the appeal (thereby upholding the Board's order), or
(2) sustain the appeal (thereby reversing the Board's order in whole or in part).
Specifically, Section 13-28 (b) of the City Code provides that the City Council
may vary the application of any provision of Chapter 13 of the City Code, Article II,
Building and Housing Standards, when enforcement would do manifest injustice and
would be contrary to the spirit and purpose of the code or public interest or when, in
Council's opinion, the decision of the board should be modified or reversed.
Under Section 13-28 of the Code, a decision to modify or reverse an order of the board in
whole or in part shall specify the following:
(1) in what manner such modification is made,
(2) the conditions upon which it is made, and
(3) the reasons therefore
Should the Council desire to modify or reverse the Board's order, staff
recommends that Council set deadlines for any required action, and that the Zoning/Code
Enforcement Administrator be authorized to demolish the structure upon owner's failure
to comply. The decision of the Council is l-real unless the aggrieved party appeals by
instituting a suit within fifteen days from the date on which the Council rendered the
decision.
Recommended Process: The proceeding should be informal. In deciding this
case, the Council acts in a quasi-judicial capacity; i.e., it will determine what the facts
are and determine whether the structure requires demolition. The Council will consider
only information relevant to those issues. At the outset, staff can summarize the agenda
memo and attachments. Then the Council may, but need not, solicit general public
comment. If the Council chooses to hear such comment, this could be done after
argument of the parties, but before Council deliberation.
Prior Council Action: None
Recommendation: Staff recommends the City Council uphold the Building Standards
Board decision, which requires that the owner start demolition within 30 days. Should
demolition beg~n, an additional thirty (30) days shall be allowed to complete demolition.
If the demolition is not started, and completed, within 30 days as required, the City shall
be authorized to demolish. The cost to demohsh will be charged to the owner.
Zoning/Code Enforcement Administrator
Attactmaents: Chronology (Exhibit 1)
Standard Operating Procedures (Exhibit 2)
Substandard Summary (Exhibit 3)
Inspection Report (Exhibit 4)
Certified Notification Lette~Substandard
(Exhibit 5)
Conditions Existing
Summary of Substandard Structure (Exhibit 5.1)
Certified Notification Letter--Board Hearing Schedule (Exhibit 6)
Building Standards Board Minutes--Excerpt (Exhibit 7)
Letter fi.om Property Owne~Request for Appeal (Exhibit 8)
Code Section 13-28 (Exhibit 9)
Photographs of House (Exhibit 10
06/09/03
06/13/03
05/07/04
05/27/04
06105/04
06/18/04
CHRONOLOGY LIST
Substandard structure investigation and survey
Notice to Property Owner--Substandard Conditions Exist
Notice to Property Owner--Building Standards Board Hearing
Building Standards Board Hearing--Board ordered demolition
based on the conditions of the structure
Notice to Property Owner--Building Standards Board decision
with excerpts of minutes
Request for appeal received from Property Owner by City
Secretary Office.
EXHIBIT I
STANDARD OPERATING PROCEI)URF~
determi~d by perfomgno~ a survey of slructme. Tho po'~nt of ~_~oralion is caloalaled as part
of the survey. (the Substanda~i Sur~-y). St~ff alzo pr~par~ a ~ed ~ Report which
t]~ owl~r.
EXI4~IT 2
Udlky Hold:
Initial Le~r.
Ilearin~
'Notice of Hearing
r~e ~ .%- - 0 4 '
Ad.md:5 - I s {I L~ "- 0 + '
Bid Notice to Owner:.
Low 8id:
Work Approved for Pz/menc
Uen
Oosed:
I
I
I
I
EXHIBIT 3
I'P, QPETTY ADDII~:
EXTEIUOR
Foanda~on
joB-si]is
~r W~s
Porche.v~taks I
Doors I I
Screens/Screen I)oon I I
Paint 3
Ehc. Senqce - Li~ht~,
Switche~ & Oudeu8
Exxerior To~ 64
INTERIOR _
Roon & Floor Covering 6
Wains~
Walb & Cefling~
Paint
4nter~non -- J~"l · '
Kitchen Cabinets 3 .'~
Heating
Traps, Vents, Water Heater 12
Interior Total 36
TOTAL
ACCgS. STRUCTURE
Roof Framing 16
Roof Cover 17
Waft FraminR 18
Sidin;
Foundation 24
Ooon/Windows I0
Inspection Date 06-06-03
Zoning District B-5
Census Tract 10 Revised Date
City o~ Cor~ms Ch~'t ~ Code Enforcement ~/~ton ~ ~utMtng ~urvey Report
Property A~dress 1709 COLEMAN Property Advisor A. LEAL
Lot 1, 2, & 3 Block 9
A~dition EXT TO S END
Owner ANTONIA FUENTES
Mail to
City/State Zip
X ~welling X con, martial Accessory Sq. Ft. 1 Stoz-y ~ of Units
X Wood Frame X 14asonry __Fire Damage X Inside Inspection X Pictures
X Vacant Occupied __.Open X Placard Date Posted
Permits Required as checked:
X--Building --Xplumbing X---Electrical __Mechanical Fire Health __Other
Smoke Alarms:
X M/ssing Inoperative
OUTSIDE WAI~LS:
(304.2,304.14,307.6)
erred Wood
XRotten Wood
X__~oles
__Cracks
__Leans
~ssing Brick
__Loose Brick
~(D~maged Exterior Trim
WINDOWS:
(304-7,~,9,10,13)
__Charred Wood
XBroken Glass
X__,M~ssing Sateens
3sling/Broken Bash
~ Not Open
_~_Rotten Sills
~_~_Rotten/Broken Frames
__other:
Improperly Located
ROOF:
(304.3)
Type: CC~POSITION
__Charred Wood
__Rotten Rafter Tx/la
__Rotten Decking
__M~ssing Shingles
__Leaks
__Sags
__Buckled
__Collapsed
___Worn
__Torn
__Holes
__Other:
PORCHES:
(304.5,6)
__Cha~red Wood
~ssing/Broken Boarc[s
__Loose
__Rotten Wood
__Inadequate Bup~ort
__Support Post M~xsing
__Support Post Loose
__Faulty Weather Protection
__Other:
EXHIBIT 4
~ditional A/arms Required
FOUNDATION:
(304.1,304.17)
xyp~: PIER & BEAM/SLAB
X--In acl~quate Support
__Piers Lean
__Piers Mlsslflg
__Cracks/Peri--tar Wall
__pad- M~ssing Cracked
__~/ssing Skirting
~ssing Access Cover
__Exposed Sills
X_~_Rotten Sills
XDamaged Floor Joist
X__sagging Floor Joist
__Other:
(304.7,304.12,304.13)
__Charred Wood
~ssing
~D-m-ged
X__Poor Fit
X--D"m~ged/M~ssing Screen(s)
__Off Hinges
__Blocked Exit
__Rotten
__Other:
Page 2
Property Address: 1709 COLEMAN
STEPS:
(304.5,6)
__Charred Wood
___~tten Wood
~ssing Bo axds
~ssing Handrails
__Loose Handrails
__Faulty Weather Protection
__Other:
PLUMBING: RATHTU~/SHOWER:
(301,306.6,307_2)
__Faucets Loose Broken ~ssing
__No Anti-Siphon Faucets
___~ssing Overflow Plate
~ssing Tap
___~ssing Shower Head
__Not Vented
__Disconnected
__Stopped Up
XD~g~d Shower Stall
__Other:
P//3MBING: WATER CLOSET
(301~306.6,307.2)
~ssing
~o Anti-Siphon Bmllcock
__s tnpped Up
X__poorly Anchored
__Seeps Axound Bowl
___Water Supply Line Le~ks
__Flush Ell Leaks
__Ru~s Constantly
__T~nk Broker Cracked
~wl Broken Cracked
__Disconnected
~ssing Flush Hmnc~le
~ssing Fleer
___Urinal No ~ck-flow Preventive
__No Elongated Bowl/Open-end Seat
__Other:
WATER HEATER:
(301.4307.3)
X__Gas __Electric
__Discon~ected
__Te~oarature/Pressure/Relief Valve ~f/ssing
__Tem~ermture/Pressu~e/Relief Valve Broken
__Drain Line }t[sstng
__Not Approved Pipe
__Not Extended Outside
__ELbowed Down
~_Vent ~L%ssing X Loose
___No Double Wall Pipe/Attic
__Nonconfo ~nu~ng Vent
__Inadequate Combustion
__Thermostat ~4~s sing Dan~aged
___No Gms C~t off
___~ssing Firebox Door
__Gas Fired - Located in Bathroom
__Gas Fired - Located in Bedroom
__FiNe D ~maged
__Other:
LAVATORY:
(~01.1,~W/7~,3~2~)
~ssing
__No Anti-Siphon Faucets
__Faucets Leak Broken ~ssing
__~P" Trap Leaks
___~feotive Trap
~Loose from Wall
~onconfo~ng Waste Line
~Disco~eu~d
GAS SYSTEM: ........
(301,5)
X__G~s Pressure Test ~q%lired
__Line Appears to Enter Bldg Below Grade Level
__Gas Supply Line Not Approved Pipe
__Rubber Hose to Spaoe Heaters
__Non-Rlg£d Pipe Run Through Partition Wail
__Other:
KITCHE1N SINK:
(304.19.306.2)
__Defective Trap
~&ucets Loose Broken
~Trep Leaks ~fisaing
__stopped Up
__D~saor~nected
~_~Damag~d Counter Top
~D~g~ Ba~ ~lash
~k[ssing
PLUMBING MISCELr~N-EOUS:
(301,1,2,3)
__Open Cle~n Out Water Leak Ts_rd Under House
__XVent Stack M~ssing X__Broken
__Vent Stack Not Extended Through Roof
__~ln Guard D-m~ged Missing
__Exposed Exterior PVC Pi~e
__PV¢ Water Supply Lines
___Washer No ~P" Trap Not Vented No Cut Offs
__Sewer Line Stopped Up Running Out On Ground
__Other:
Property Address: ±/u~
ELECTRICAL SERVICE:
(302.4,303)
__Se~-vtce P~nel Burned
__Ser~rice }4/ssing
__Service Appears Below CoS
__Two-Wire Service
__I~edegue te
__Defeotive
__X Disoonnected
__Service Not Grounded
__~/sslng Breakers Fuses
__M/sslng Interior Exterior Panel Covet
___Expo sad Wiring
__~onoenfor~lng Wiring in Panel
__Drops Too Low
__Other:
INSIDE WALLS AND CEILINGS:
(304.16,30'7.6)
__Charred Wood
__Paint Deteriorated
__Cracks
__Torn Wellpepmr
__D-~ged P~neling
__X Sheetrock Broken M/$sing Moles
__Sheetrock ~Jildewed Buckled
__X Ceiling X D~n~gad ~ltssing
__Water D~maged S~ke Damaged
__? .-T~rvious ~terial Around Tub
__~nclosure D,m-ged Missing
X___W~lls Around Tub Not Water Resistant
__Other:
SYSTEM:
(302.4,303)
__~urned W£rtng Plugs switches
__Burned Fixtures
__Less Than I Duplex Becept./20 linear ft -
Bedrm Living ~ Dt~lng ~ .~n ~tchen
Co~r ~ace wi~
~ one ~11 ~l~ce
~t~ Co~ter
__~t~en ~pliance
__Plugs ~ssing Loose Broken
~swl~es ~ssing XLoose Broken
~Fi=t~es X~sslng X~oose ~roken
~sion Co~s in Place of Pe~ent
Wiring
X~a~ro~ Ctr~tt no GFCI
__Cond~t Broken Loose ~ssing
~o 8epara~ Cir~it for
~o Dlsco~eot fo= ~r Con~tioner
__Por~ Lights Broken ~sstng Loose
MECHANICAL:
(302.1,302.2)
_~Xvented wmJLI Heater Damaged X~sstng
__Floor Fu=mace D~m~ ged ~tLs sing
~onconfo~m4ng Gas Line to Space Heater
__Wall Beater with No Vent tn Bathroom
__Thermos te~ D-m~ged ~l%s sing
__Gas-Fired Heat/mr A~plianoe within 2'
of ~ub/shower/Water Closet
__No V~nt F~n er Window in Bathroom
__Vent F~n ~sstng Not ~ra~e
__Heat WI~ No Vent tn Co~rclml Bi~
__O~:
INTERIOR FLOORS:
(304.16,30'7.6)
__Charred Wood
__X Rotten Wood
__141ssing
X___Unlevel
__Buckled
__Torn
__D~m"ged or Other:
ACCESSORY STRUCTURE
(304.14,15~7) ~fPE:
Roof:
__Rotten
__Loose
__Torn
__Other:
__Limning
__Bucukled
__Other:
N/A
Foundation: TIre:
__gunken
__Cracked
__Rotten sills
__Other:
UNSANITARY CONDITIONS:
(306,307.6)
__Plumbing Fixtuce$ Unsmnit~r~
X__Insect, Roach, Rodent Xnfestetion
__Lacks Adequate ~mrbage Fec~l./Containers
__Other:
June 13,2003
CERTIFIED # 7002 2030 0000 4039 2389
2350-0009-0010
ANTONIA FUENTES
CIO ANTONIO FUENTES JR
803 14TH ST
CORPUS CHRISTI TX 78404
RE: 1709 COLEMAN AVE
EXTTO S END 1, 2 AND 3 OF
BLK 9
On June 09, 2003, a survey of the above property was conducted. Certain conditions were found to
exist which violate the Building and Housing Standards Code and ordinances of the City of Corpus
Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and
incorporated by reference in this notice.
Please correct the violation(s) within thirty (30) days of receipt of this notice. A permit must be
obtained before any work is begun. Failure to respond to this notice or voluntarily eliminate these
defects, by either repairs, reconstruction, alteration, removal, or demolition within the allowed time,
will result in further action.
If necessary, the City may contract for demolition of the property. Expenses and administrative fees
incurred by the City will be assessed on the real estate upon which such expenses were incurred.
The City may also file charges in Municipal Court for these violations. If found guilty, you can be
assessed a fine of up to $500.00 under Section 13-29 of the Code of Ordinances. Each day a
violati~n..cont~ues _c~ns~titu_te~s a separat~e and d!s_ti_n_ct o,ffe~se ..........
If you have any questions, you may call between 8;00 and 9:00 a.m., weekdays at (361) 880-3030.
Sincerely,
AMANDO R. LEAL
Property Advisor
03-00004691
'NIDBD01
NOTICE: The City Solid Waste Dept. will not pick up rubbish at vacant lots or vacant houses unless the collection fee is
being paid for that address.
E~H1BIT 5
P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3030
CASE NUMBER
PROPERTY A/DDRESS
03-00004691
1709 COLEM/kN AVE CV282
VIOLATION: FAIL TO MEET MINIMUM STDS QUANTITY: 1
DESCRIPTION: SEC 13-25 DATE: 6/09/03
LOCATION:
NILRRATIVE :
Building does not meet minimum building standards
ORDINANCE DESCRIPTION :
ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE
FOLLOWING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED
SUBSTANDARD BUILDINGS:
1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS
CODE.
2. ALL BUILDINGS OR STRUCTURES WHICH HAVE PIT PRIVIES WHERE
THE SAME ARE NOT PERMITTED BY LAW OR WHICH ARE NOT
CONNECTED TO THE CITY SEWER WHEN REQUIRED BY LAW, OR
WHERE INADEQUATE AND UNSANITARY PIT PRIVIES OR SEPTIC
TANKS EXIST.
3. ALL BUILDINGS OR STRUCTURES THAT HAVE BECOME DETERIORATED
THROUGH ACCIDENT OR LACK OF REPAIR OR NATLrR3tL CAUSES OR
BY DAMAGE THROUGH EXPOSURE TO THE ELEMENTS, ESPECIALI.Y
WINDS, HAIL OR RAIN, OR DAMAGE THROUGH FIRE TO THE EXTENT
THAT THE ROOF, WINDOWS AND DOORS OR PORTIONS OF THE
BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL
NO LONGER PROTECT THE WEATHER.
4. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE OR IN WHICH
ARE MAINTAINED FIRE HAZARDS AS THAT TERM IS DEFINED
THROUGH TR~ FIRE PRVENTION CODE OF THE CITY.
5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTI/R/LLLY
DETERIORATED THAT THEY A~RE IN DANGER OF COLLAPSE OR WHICH
CA/qNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE.
6. ALL BUILDINGS OR STRUCTI/RES SO CONSTRUCTED OR PERMITTED
TO BE SO CONSTRUCTED AS TO CONSTITUTE A MENACE TO HY~kLTH
OR ~A~ETY,-~NCIR3DIN~AL~-~O1TDITI~3N~-'~ONIIUCl¥~ TO ~
HARBORING OF RATS OR MICE OR OTHER DISEASE-CARRYING
ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD
DISEASE A/qD INCLUDING SUCH CONDITIONS HAZAR_DOUS TO SAFETY
AS INADEQUATE BRACING OR THE USE OF DETERIORATED
MATERIALS.
7. AJ~L BUILDINGS OR STRUCTURES, WHETHER OR NOT IN USE, WHICH
ARE UNSAFE, UNSANITARY, UNFIT FOR HUMAN P~ABITATION, OR
NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A
FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO ~ LIFE, OR
WHICH IN RELATION TO THE EXISTING USE CONSTITUTE A
HAZARD TO SAFETY OR HEALTH BY REASON OF INADEQUATE
MAINTENANCE, DILAPIDATION, OBSOLESENCE OR ABANDONMENT ARE
UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY
DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND
REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH
IN THIS CODE.
Houeing_and Co~mmunity',
P,O, Box 9277
Corpus Chr~ti, TX 78469-
JR
CORPUS CHRISTI TX 78404
T # 2350-0009-0010
5DAY RETURN REGF..IPT
REQUESTED -~ ~r~_.~.
DATE: April 26, 2004
UNITS:
SUMMARY OF SUBSTANDARD STRUCTURE
ADDRESS: 1709 COLEMAN
LEGAL DESCRIPTION: LOTS: 1-2-3 BLK: 9 EXT TO S END
ZONE: R1B USE: SINGLE FAMILY RESIDENCE
VACANT: [] OCCUPIED: []
DETERIORATION: EXTERIOR: ~7% INTERIOR: 23°/9
DETERIORATION FOR ACCESSORY STRUCTURE: 64%
STAFF RECOMMENDATIONS: DEMOLISH: []
ACCESSORY STRULI'URE: DEMOLISH: []
SUMMARY OF CONDITIONS:
SMOKE DETECTORS:
EXTERIOR W~I.I~S: STUCCO/WOOD, ROI'YED. HOLES, MISSING SIDING,
EXTERIOR TRIM: DAMAGED, ROI'rED
ROOF SYSTEM:
ROOF COVER: COMPOSITION ROOF IS WORN. DETERIOATED
EAVES: ]RQ~FED
RA/cI'ERS:
FOUNDATION: PII~RS, ~qADEOUATE SUPPORT
~l',T .S: ROI-lED
JOISTS: SAGGING
WINDOWS: BROKEN GLASS
FRAMES: MISSING SCREENS, ROI'I'ED SILLS. BROKEN
PORcI~ES:
FRAMES: DAMAGED, POOR FIT
STEPS:
STAIRWAYS:
PLUMBING:
SERVICE: DISCONNECTED
SYSTEM:
,FIX*I'~:
TUB ENCLOSURE: DAMAGED SHOWER STALLS
KITCI:HV~N:
WA~ER'II~AT-~Ra VEN~ LOOSE
ELELVi'RICAL:
SERVICE: ~)ISCONNEL'I'ED
SYSTEM:
FIXTURES: ~WITCHES. FIXTURES MISSING. LOOSE
OUTLETS: MISSING
MECHANICAL:
HEATING:
INTERIOR CONDITION:
CEH~rNGS & WAIJ.S: SHEETROCK DAMAGED
FLOORS: RO'I'FED WOOD, UNLEVEL
UNSANITARY CONDITIONS:
ACCESSORY STRUL-r GRE:
ROOF:
WALLS:
FOUNDATION:
ADDITIONAL COMMENTS:
TOTAL: 60%
TYPE:
REPAIR: []
REPAIR: []
EXHIBIT 5.1
1709 Coleman (Main structure)
STAFF RECOMMENDATION:
Under the provisions of Section 13-26 (G), (1), (c) of the City Housing
Code and due to the substandard and dilapidated condition of the structure, a
hazard to the health, safety and welfare of the public is henceforth declared.
Therefore the owner be required to demolish the slructure within thirty (30)
days.
If repairs are started, an additional sixty (60) days be allowed to complete
repairs to City Code Standards. If demolition is started, an additional thirty
(30) days be allowed to complete the demolition. If repairs or demolition are
not started and completed as required, the City be authorized to demolish.
NOTICES
Letter of substandard conditions by certified mail: June 13, 2003
Certified letter of hearing and staff recommendations: May 9, 2004
Notice of hearing published: May 15 & 16, 2004
May 7, 2004
CERTIFIED LETTER # 7002 0860 0001 1588 1496
Antonio Fuentes Jr.
2522 Terrace St.
Corpus Christi, TX 78404
Re: 1709 Coleman
Add'n: Ext to S End 1,2 &3
Block: 9
Lot 1,2, &3
A recent inspection has shown that you have not corrected the violations of the Building
and Housing Standards Code existing in the above referenced property as was requested
of you in our letter of 6-13-03
As required by State of Law, a public hearing will be held upon this matter. The hearing
will be before the Building Standards Board and is scheduled for 1:30 v.m., Thursday,
May 27, 2004 in the Council Chambers, 1201 Leopard. The Board can order you to
repair or demolish the building(s) and authorize the City to have the building(s)
demolished if you do not comply with the time allowed. T~e cost, if the City does the
demolition, would be charged to you and if not paid would result in a lien being filed
against this property. Attached is the staffrecomm~ndation to the Building Standards
Board for this pwperty.
You may appear, and in fact are recommended to appear, before the Board at this heating
and show cause this remedy I will seek should not be granted.
lfynu have any qne~fion~ rogardingfhis matter, please contaet~G$orge Omsco at 880
3030.
Very truly yom,
NEIGHBORHOOD SERVICES
G. phillip Oresco
Zoning & Code Enforcement Administrator
EXHIBIT 6
~ OFFICIAL USE
) bL) CELIVERY
ANTON10 FUENTES JR
~ 2522 TERRACE
CORPUS CKRiSTI, TX 78404
c~ RE: 1709 COLEMAN
City of
Corpus
Christi
PO Box 9277
Corpm Chrisd
TX 79469-9277
7002 0860
0001 1588
1496
ANTONIO FUEN~:~
CORPUS CHRISTI,
RE: 1709 COLEMAN
5DAYRETURN RECEIPT RES1
May 7, 2004
CERTIFIED LETTER # 7002 0860 0001 1588 1441
Antoma Fuentes
C/O Antonio Fuentes Jr.
803 14th St,
Corpus Christi, Tx 78404
Re: 1709 Coleman Ave
Add'n:Ext to S End 1, 2 & 3
Block: 9
Lot:
A recent inspection has shown that you have not corrected the violations of the Building
and Housing Standards Code existing ia the above referenced property as was requested
of you ia our letter of 06-13-03
As required by State of Law, a public hearing will be held upon this matter. The hearing
will be before the Building Standards Board and is scheduled for 1:30 n.m., Thursday,
May 27, 2004 in the Council Chambers, 1201 Leopard. The Board can order you to
repair or demolish the building(s) and authorize the City to have the building(s)
demolished if you do not comply with the time allowed_ The cost, if the City does the
demolition, would be charged to you and if not paid would result in a lien being filed
against this property. Attached is the staffrecommendation to the Building Standards
Board for this property.
You may appear, and in fact are recommended to appear, before the Board at this hearing
and show cause this remedy I will seek should not be granted.
If you have any question~ regarding this matter, please contact George Ore, co at 880-
3030.
Very truly yours,
NEIGI-IBORHOOD SERVICES
GO:th
BSB: Heahng Notice to owner
G. Phillip Oresco
Zoning & Code Enforcement Admini.strator
City of
Corpus
Christi
PO Box 9277
Corpus Chr~
TX 78469-9277
7002 0860 000t
1588 1441
5DAYRET),Pp ~EqEIPT REST[
REQUEstED
ash '~v~°~J'~°~
'- Christi
Sune 5, 2004
CERTIFIED LE'rl"ER # 7001 2510 0006 6294 0557
Antonio Fuente~ Jr
2522 Terrace St.
Co~pus Christi, TX 78404
Re: 1709 Coleman
Addition: Ext to S End 1, 2, & 3 of
Biotic 9
The Building St~a.~ls ~ ma at 1:~0 om.. Thami~v. M~v 27. ~ ~ ~ ~ ~
1201 ~ m ~ m~ ~inE ~c ~ ~s) ~ ~ ~ ~ ~
p~. A no~ of~c d~on m~de ~ ~ ~ ~ ~1~ ~e ~ of ~me ~ow~ ~u
W ~ly ~ ~e d~on of~e ~ ~,,,,~ ~ ~ ~e of~i~ 1~.
If you wish. you m.y apl~fl thc decision of this Boani to [he City Council. Such appeal must be
perfected by filh~g a ~wom notice of appeal with the City Secraa~ within fi/teen (! 5) da~ fio~ th~
date of notice of the Board's written decision which is the dat~ of this letter. This appeal must state
specifically any error alleg~ to have been committed by the Board or th~ the decision of the Board
would c.-.-~e undue hardship and state the masons for tho haxdship,
tt~itl~u ~o obt~n~u'~l~.,per pclrnluaaLrfoi'~ln~tiifffi~'d~cfiiOh'~5ii 6r r~ ~s
x~ by tho Boa~L This pea~nit can be ob~i~l at the Building I~on Division at 1201
Leopard. Contact the Code Enforcement Division prior to obtaining the permit(s).
Please contact the Property Advisor if you have any questions regarding this ~*.er or/t'they can be
of assistance to you. The offic~ number is 880-3030.
Sincerely,
Zonin~Cod~ gn fox~.~"ment
Admini~h~tor
EXHIBIT 7
EXCERPTS OF TH~ MINUTES OF THE BUILDING STANDARD BOARD
OF THE CITY OF CORPUS CHRISTI, TEXAS
On May 27, 2004, a regular meeting of the Building Standard$ Board wa~ held in the City Hall
Council Chambers, 1201 Leopard, with regant to that property at 1709 Coleman. The minut.~ of
the Board ere as follows:
1709 Coleman main structure Ext. to S. End, Lots 1, 2, 3, Block 9
STAFF RBCOMM2ENDATION:
APPEARING 1N FAVOR:
To req~re demolition due to the extent of det~-rioration
0
APPEARING IN OPPOSITION: 0
Motion: Motion was marie by Mr. Garza and seconded by Mr. Hoffraan and passed unanimously to
accept staffrecommendation and allow demolition to the structm-e according to Section 13-26 (G),
(1), (c) of the Corpus Christi Code of Ordlnance allowing (30) da)a; to obtain a permit and thirty 00)
days to complete the demolition of the property located at, 1709 Coleman, Ex'~ t~ S. End, Lots 1,
2, 3, Block 9. If demolition is not started and completed a.s required, the City be authorized to
demolish.
NOTE: For detailed information on testimony, refer to the tape n~-tained on file in the Community
Development Department.
I her~oy cm-fify that to the best of my knowledge,
the above statement is a true and correct excerpt
of the minutes of the Building Standards Board
meeting of May 27, 2004.
Neighborhoclff Services/Eo/~ Enforcement
Adminislxator
SENDER: COt. IPLETE THIS SECTION
· Compete itm~s 1, 2, and 3. ~Jso complete
item 4 If Resthcted Delivery is de, md.
· PHnt your name and address on the mve~se
so ~hat ~ can return the ~ to you
· Atl~ch th~s ~ to the back of Ihe rnmlpk~e,
or on rne front If space permits. /V ~.(~ h
[c~s~r~
D. I~de~,~yaddmss~t [mm~am 17 r3yes
ANTONIO FUENTES JR
2522 TEI~R. ACE
CORPUS CHRISTI, TX 78404
RE: 1709 COLEMAN
[~ Ir, s,~d Ma~ r3 C,O.D.
7001 2510 0006 6294 0557~__ __
i PS Fo~n 3811, March 2001
U.S. Postal Service
CERTIFIED MAIL RECEIPT
I
' FFICIAL USE
. ANTONIO ~ .TR
s'mrc I 2522 TERRACE
~;~" I CORPus CHRISTI, TX 78404
~,-.,a:~ II.E: 1709 COL.,EM. AN
,-~,-m
-- -- Christi
June 5, 2004
CERTIFIED LETTER # 7001 1140 0000 3996 7727
Antonia Fueates
C_JO A~tonio Fuent~ Jr.
803 14m St..
Re: 1709 Coleman
Addition: Ext to S End I, 2, & 3 of
Block: 9
The Building Shanda~ Bo~ met al 1'30 ~}.m.. Tha~dav. May 27. 2004 in the Council Chambers,
1201 ~ to hear m,n~,~ eon~a~tg the sub~anda~ building(s) kxn~l al tho above ~fexem:d
property. A notice of the doeision made on that date is enclo~xl. The period of time allownt you
to cemply with the decision ofth~ Boasd ¢ommealce8 from the dale of thin lettl~'.
If you wish, you may appeal the decision of thia Boa~l to the City Council. Such appeal must be
l:~'f~d by filln~ a 8wosfl llO~ce of apical with the City S~'~'y within ~ (15) day~ fxom the
dat~ of notice of the Board's writtea de~isiott which is the date of this l~t~r, This app~ must state
specifically any error alleged to have be~'n eommltted by the Board or that the decision oftha Board
would cause undue ha~d~hip and stale the reasons for the hardship.
It wild be aecea,~ry for you to obtain the px~r permim befor~ initiating demolition or repairs aa
requirod by the Board, This l~xmit can be obtained al the Building Inspec~on Division at 1201
I_~opard. Contact the Code Enforcement Division prior to obtaining the permit(s),
Please contact the Prop~ty Advisor if you have ~my questions regarding this matter or if they can b~
ofaasistaa~ to you. The office numbar is 880-3030.
Oo.~h
George Oresc, o
Zoning/Code Enforcement
Admiaistrator
EXCERFI~ OF TRP~ MINUTES OF THE BUILDING STANDARD BOARD
OF THE CITY OF CORPUS CHRISTI, TEXAS
On May 27, 2004, a regular mee.~ng of the Building SUmdards Board was held in the City Hall
Council Chambexs, 1201 Leopard, with regard to that ~ at 1709 Coleman. The minut~ of
the Board are a~ follows:
1709 Coleman msln slructure ExL to S. End, Lots 1, 2, 3, Block 9
STAFF RECOMMENDATION: To require demolition due Io ~he extent of deterioration
APPEARING IN FAVOI~
APPEARING IN OPPOSITION: 0
Motion; Motion was made by Mr. Garza and socondcd by Mr. Hoffman and passed twan{motlaly to
~t ~ ~m~ ~d ~w d~o~fion W ~ ~ ~g ~ ~ 13-~ (G),
(1), (c) of ~e ~ ~ ~e of~ ~o~ (30) ~ ~ ~ a ~ ~ ~ (30)
~ ~ co~l~e ~e d~o~on of~ ~ 1~ a~ 17~ Coke, E~ ~ S. En~ ~ 1,
~, 3, Bilk 9. W d~ahfion is not ~ ~d co~l~ ~ ~ ~ Ci~ ~ ~o~ ~
d~oh~.
NOTE: For detailed information on testimony, refer to the tape retained on file in the Cornmqllity
Development Department~
I hereby certify tha~ to the best of my knowledge,
the above statement is a tree and correct excerpt
of the minute~ of the Building Standards Board
meeting of May 27, 2004.
N~ighborhoo~ Services/C~nforcemcnt
Administr~r
June 18, 2004
Mr. Armando Chapa
City Secretary
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Dear M~. Chapa:
Please consider this letter as an appeal to a decision made by the Building Standards Board on
May 27, 2004. The board's decision was to unanimously approve a staff recommendation to
allow demolition of the propert7 located at 1709 Coleman~ Ext. to S. End, Lots 1, 2, 3, Block 9.
A copy ofiwo letters and the board's decision were sent by certified mail to me and are attached
to this correspondence.
The board's decision to require demolition of this structure would cause a har&qhip to me and my
family in the event the sa-acture does have to be demohshed. I believe that, given the
opportunity, a satisfactory solution to this problem can be reached for the City of Corpus Christi
and me and my family.
This property has been in my family for approximately 72 years. I bought this property in 1997
from an Aunt. My Aunt has expressed an interest to re-purchase the property from me and have
it relocated to a different location f/om its current location. My Aunt ha.~ agreed to refurbish the
sa'ucture such that it would be habitable and meet all city required city codes.
In turn, this opportunity to sell the stxucture will result in making some dollars available that I
would use to pay for colleges costs for a son and daughter attending The University of Texas at
San Antonio.
Sincerely,
Antonio Fuentes, Jr.
Attachments
Letters from City of C.C., TX w/attachment
City S~cretary
EXHIBIT 8
Sec. 13-28. Appeals.
(a) Whenever it Is claimed that the decision of the building standards board is erroneous, or
that the decision of the board would cause undue hardship, the owner or occupant, or
his duly authorized agent, may appeal from the decision of the board to the city coundl.
The decision of the board Is final unless notJce of appeal to the city council is given.
Notice o1: appeal from the derision of the board shall be in writing and filed with the city
secretary within fifteen (15) days after the date of written derision rendered by the
board. The appeal shall state specifically the error alleged to have been committed by
the board.
(b)
When an appeal is pending, all orders of the board shall be suspended in their
operation. The city council, on appeal, may vary the application of any provision of this
code to any particular case when the enforcement thereof would do manifest injustice
and would be contrary to the spirit and purpose of this code or public Interest or when, In
Its opinion, the decision of the board should be modified or reversed_
(1) A decision of the city council to vary/he application of any provision of this code
or to modify an order of the board in whole or in part shall specify in what
manner such rnodification Is made, the conditions upon which it is made and the
reasons therefor.
(2) If the decision of the dty council reverses or modifies the refusal, order, or
disallowance of the board or varies the application of any provision of this code,
the official shall immediately take action in accordance with such decision.
(c) The decision of the city council shall be final unless the aggrieved party appeals by
instituting suit for that purpose in any court having jurisdiction within f'Aeen (15) days
from the date on which the decision of the city council was rendered.
(1966 Supp., § 11-20A; Ord. No_ 9811, § 1, 6-24-70; Ord. No. 13546, § I(G), 1-5-77)
EXHIBIT 9
32
AGENDA MEMORANDUM
DATE: July 27, 2004
SUBJECT: Bond Issue 2004
AGENDA ITEM: This is a Public Headng for Bond Issue 2004.
ISSUE: Funding for general obligation capital nccds such as streets, public facilities,
park improvements and other projects will require issuance of voter-approved bonds.
In formulating a recommended Bond 2004 program, staff has compiled a list of
projects consistent with council directive and prioritized needs. (Included under
separate cover) The City Council will use the recommended list as a basis to finalize
a Bond 2004 package to be presented to the citizens in a November 2004 Bond
Election.
This item will allow public comment on the tentative bond issue projects and
packaging for a November 2004 election.
FUNDING: N/A
RECOMMENDATION: N/A
Assistant City Manager
scobar, P.E., ~'/~'~-
or of Engineering Services
Additional Sul~13ort Material:
Exhibit "A" Revised Option List
Exhibit "B" Revised Street Location Map
July 21, 2004
BOND ISSUE 20~4 - PACKAGE PROPOSAL OPTIONS
OPTION I
70M Package
SLreets Only
OPTION 2
70M Pac~e
SU'~Hs
Public Facllltiea
No Tax Increeae No T~ Increase
I Profx~sltlon 3 Propositions
S'I~EETS:
~. ADA Imp~ovemenls -- 4,0oo,000 4,000,000
;'~ Clmarrea Blvd, P'n. I - Sarah~ga lo Yorkk~m ; 6,440,000 6,440,000
3. Cimarron Bird, Pti. 2 - Yoddm~ [o Blsc~ (Mimics) 2,372,000 2,372,000
4. _D~ddddge Slreat - Ocean Drive ID Slap~es 3,495,0~0 . 3,495,000
5. Everhart Road, Ph. I - Samt~ge (o Cedar Pass 4~497,000 4,497,000
6. Norl~ Pcxt Ave. IH 37 I~ US 181 1,604,000 1,604,000
7. Up RJ~r Road. Rand rVle~a~ I= McKe~Je _ 4,465,000 4,465,000
8. WakJre~ Road - Purdue ~3 GEm Oak & Medit~raneen Ext 2,474,000
9. Fu~Jm TxDOT ParUdpaflea 500,000 500,000
;10. * Netghborh~o~ Sb-eet Recoeat~ucUon 9.428.000 9.428.000
11. S;~set LJghtJpg 800.000 800.000
12. * She,et OveHays 4,200.000 4,200,000
13, Traffic Congest~3~ Management 3,,5~),000 3.500,000
14. Traffic S4geals (New & Upgrades) 2,130,000 2,130,000
15. Cliff Maus, Ph. 2 - Brow~svflie Rd ID Bear Lane 803,000 803,000
16. C~ff Maus. Ph. 3 - SPID to Rcx:~k'fTxd Drive 1,058,000 1.058.000
17. Wc~3idrldge R(~3d - Ahll~e R~:I b3 Rodd Field 3.239.0~3 ~.239.000
18. Wooidrldge Road J Sta@k~ Street b3 .Nflirm Road 4,373.000 4.373.000
~. Gree~w~:x3d Dr, Ph. I - G~llhar lo So~th Padre Island Dr. 2,760.000 2.760,000
21, Laguna Shores R(~:] - G,-aham b:) 'Hust]ln Hom~[' 3,412,000 3,412,000
22. _BayfTo~t D~velopme~t Plan Phase I (S _tT~mls) 3,950,000 2,924,000
~3. Padre Island .,~slhetJc Devek3~0~ent Parfldpat~on
24. Park Road 22 B~clge (C.c~t EsUmated) ;
25. NAS Nc;az Re:ad Realignment
Sub-To~l Stre~ Pac~: 70,000,000
PUBLIC HEAJ_TH & 5~N=ETY:
co. de Fire SlaUon 1,500,000
Ed F~m Sta0o~s
/ F~re Trelfllng Fadllty Ph. 2 - Land Acq.
PUBLIC FACILmES:
W Llbra~ Expan~ea ~ 2,0(X~,000
useum Fire Sul:~ressh:m, Ph. 2 i,
New Soulhslde Library
Sub.Total Public Facility Packages: 2,000,000
PARK & RECREATION:
32. Sports Field tmpmvements_ '
33. C-~f C<x~se Imprevemenls (E~s~g Courses) __ __
35. HEB Tennis Center
36. Nelghbodx:x~ Parks {m~oveme~
37. Wind.sp(~ Park Improvements (Sou~ C,~e Park)
38. BayfT~m[ Devela~j:~ment Plan Phase I (Parks)
Sub-Toff. al Park & Recreation packagea:I
ECONOMIC DEVELOPMENT:
39. Dow~tovm Redevelopment Parflctpal~on __ -
40. North Beacfl Area ImprovemenLs
Sub-Tot~ EConomic Development Pr~ecl packagea:
'rO'rAL PACKAGE PRICE: 70,000,00~.. 70,000,(~_
·Schedule A Detailed Llsl Included on Ne~ Page
OPTION 2A OPTION 3 OPTION 4
70M Package 80M Package 90M Package
~lm.ets SIT~I~ Sh'e~la
Health & Safety I.lealt~ & SaFe,'y Health & Safety
Public Facilities Publtc FaclllOea Public FaclllUea
Park & Rea park & Rec Park & Rec
Economic Dev Economic Dev
No Tax Increase l-Ccc[ Inc~'eaea 2-CenL Increase
3 Propositions 5 ProposlUo~s 5 Propositions
4,000,000 4,000,000 4,000,000
6,440,000 6,,440,000 6,440,000
2,372,000 2,372,000 2,372,000
3,495,000 3,495,000 3,495,000
4,497,000 4,497,000 4,497,000
1,604,000 1,604,000 1,604,000
4,465,000 4,465,000 4.465,000
2.474,000
9.428.000 9,428,000 9.428.000
4,200,000 4,200,000 4,200,000
3,50~.~00 3,500.000 3,500.000
2,130,000 2,130,000 2.130,000
803,OOO 803,000 803,000
1,058,000 1,058,000 1,05~,000
3.239.000 3,239,000 3.23g.~3
4.373.000 4,373,000 4.373.000
2,760.000 2.760.000 2,760.000
3,4t2,000 3,412,000 3,412,000
2.483.000 4,400,000
150,000 150.000 150,000
1,4~3,000 1,400.000 1,400,000
1,175.000 t,175,000
67,600,000 68,784,000 70~701~00~
1.500.000 1,500,000 :1.500.000
500.000
2,000,000 2,000,000
160,000 160,000
3,500,000
2,'100,000
2,250,000 2,2~3,000
2,756,000 2,756,000
1,300,000 1,300,000
,500,000 500,000
100.000 100,000
350,000 350,000
90,000,000
250,000 250,00~
3,088,000
10,494,000
BOND ISSUE 2004
SCHEDULE A
Page 1 of 2
July 20. 2004
NEIGHBORHOOD STREET RECONSTRUCTION
I I
CLUSTER ONE: Riverside A~ea (Behind Calellen HS A~ea)
1. Taague Lane (Calallen Ddve to Wildcat Drive)
_2. River Canyon Drive ('reague Lane to DE past Exchequer) _
3. Paddlewheel DHve (River Va_!ley lo River Ridge)
4. Exchequer Dflve ~River Caqy~n to River Valley)
5. PJver Valley Drive (PJver Ridge [o DE past Exchequer)
6. Dockside Circle (Exchequer Drive to Dead End S.)
$ 856,000
CLUSTER TWO: Nueces Bay I Buddy Lawrence Area
1. A~telope (Nueces Bay Blvd to SUIIman)
2'
Buffa o (Buddy _Lawrence to 1-37)
CLUSTER THREE: Soulh Port I Greenwood Area
786,000
1. Nlmllz (Eisenhower to Mc Ar'd3ur)
2. Halsey (Elsenhower to Mc Arthur)
3. Montgomery(Eisenhower to McArlhur)
4. Guadalupe (Eisenhowe~' to Mc AY~hur)
5. Guadalupe (Serifa to Niagara)
6. Nogales (Elsenhower to Mc Arthur/Seflb3 to Crosstown)
7. Presa (Elsenhower to Mc Ar'thur/Sarita to Crosstown)
8. Elsenhower (Nlmliz to Bo~iva)
9. Mc Arthur (NimlLzlo Belton)
10. Niagara (Bolivar to Guadalupe)
2,025,000
CLUSTER FOUR: Manshelm I Sunnybrook Area
1. Archer Drive (Sunnybrook to Mc ,N-die)
2. Blundell Street (Sunny'orook lo Mc Ardle)
3. Cheryl Street (Sunnybrook to Mc ,~'dle)
4. Dodd Street (Sunnybrook to Mc ,~'dia)
5. Easter S~'eet (Total Length)
6. Franklin Street (Total Length)
7. Gabriel Street (Sunnybrook to McArdle)
8. Manshlem Bivd (Gabriel to Ayers)
1,473,000
CLUSTER FIVE: Holly I Kostoryz Area
1. Sylvan Crest (Crest Willow to Kostor~z)
2. Crest Willow Drive (Crest Colony to Crest Veil)
3. Crest Valley Circle (Crest Pebble east past Crest Willow to End)
4. Crest Veil Drive (Crest Willow to Crest Water)
5. Crest Water Drive (Hill Crest to Kostoryz)
6. Chinaberry Lane (Hill Cresl to Blue Water)
7. Seahawk Drive (Hill Crest to Blue Water)
8. Hill Crest Drive (White Bird to Crest Water)
9. White Bird Drive (Elderberry to Kosto~z)
10. Southern Sun Drive (Blue Water to End of Street)
11. Elderberry Lane (~Nhlte Bird to Blue Water)
12. Blue Water Drive (Elderberry to China Berry Drive)
13. Crest Colony Lane (Crest Pebble to Sytvan Crest Drive)
14. Crest Pebble Drlve (Crest Colony to Crest Water)
1,762,000
BOND ISSUE 2004
SCHEDULE A
--- C~LUSTER SiX: AJamed-a I Reid Area
1. Reid Drive (Texan Trail to Hardee_n)
2. Harrison (Alameda to 1_00' South of Reid)
3. Sorrell (Alameda to 100' South of Reid)
4. Deforre_s._t (~Alameda to 100' South o[ Reid)
5. Vaky (Alameda to 100' South o[ Reid)~
6. McClendon (Alameda lo 100' South of Reid)
7. Hoffman (Lavmvlew to Alameda)
8. McCall (Alame~__a to 100' South of Reid)
Katherine (Alameda to 100' South of Reid)
Gordon (Alameda lo Reid)
Botsford (100' South o[ Re~)
Glazebrook (100' South of Retd)
Robinson (100' South of Reid)
McCall (100' South of Reid)
-- CLUSTER SEVEN: Nile A~ea
1. l~lla Drive (Pharao~ to South Ped?e Island Drive)
TOTAJ_ NEIGHBOR STREET RECONSTRUCTION:
1,881,00~)
Page 2 of 2
July 20, 2004
$ 9,428,000
STREET OVERLAYS
1. Williams Ddve (Everhart R~ad to South Staples Street)
2. McArdle Road (Holmes Ddve ta Whlt,3ker Ddve)
3. Golllhar Road (South Staples Street to AJdine Road)
4. Whitecap Boulevard (Bonasse Court to SPID/Pank Road 22)
5. Baldwin Boulevard (CroP, town Expressway to South StapJes St)
6. Ayers Street (Home Road to Watson Street)
7. Catallen Drive (Highway 77 to West Redbird Lane) .
8. West Redblrd Lane (Calallen Ddve [o Leopard Street)
4,200,000
33
CITY COUNCIL
AGENDA MEMORANDUM
July 2~, 2004
AGENDAITEM:
Public headng [o consider vacating and abandoning a 43,432-square foot portion of an
undeveloped 20' wide dedical:ed public right-of-way out of Lots 15 & 23, Sec. 32, Flour Bluff
& Encinal Farm & Garden Tracts (south of Wooldddge Road approximately one mile east of
Rodd Field Road unsurfaced roadway).
Ordinance vacating and abandoning a 43,432-square foot portion of an undeveloped 20'
dedicated public dght-ol~-way out of Lots 15 & 23, Sec. 32, Flour Bluff & Encinal Farm &
Garden Tracts (south of Wooldddge Road approximately one mile east of Rodd Field Road
unsurfaced roadway); subject to owner's compliance with the specified conditions; and
declaring an emergency.
ISSUE: Urban Engineering, on behalf of the owner, Hogan Development Company, is requesting
the vacalJon and abandonment of the dedicated public right-of-way to allow for the future
development of a residential subdivision.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate
any portion of street rights-of-way. City Code requires a public hearing pdor to the vacating and
abandonment of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis.
B.A. Bailey, ~
Director of De'~-flolSment Services
Attachments:
Exhibit A - Background In[ormation
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Engineering, on behalf of the Owner, Hogan Development Company, is requesting
the vacation and abandonment of a 43,432-square foot portion of a dedicated undeveloped
20-foot wide public right-of-way (ROW). The undeveloped public ROW is part of a 40-foot
wide roadway ROW in Lots 15 & 23, Section 32, Flour Bluff & Enclnal Farm & Garden
Tracts. The undeveloped ROW to be abandoned and vacated is located in an "F-R" Farm-
Rural District and "R-lC" One Family Dwelling District.
Approximately 2,171.57 L.F. of the undeveloped ROW to be abandoned is south of
Wooldddge Road approximately one mile east of Rodd Field Road. The said portion of
public right-of-way is being vacated and abandoned to allow for the future development of
a residential subdivision. The Owner, Hogan Development Company, desires to offset the
referenced undeveloped public ROW by dedicating new street ROW within the proposed
subdivision plat.
All public and franchised utilities were contacted regarding this closure request and no
objections were received. Coastal Transmission Corporation has a 30' pipeline easement
parallel to, and east of the proposed 20-foot wide public right-of-way to be abandoned.
There is presently an inactive petroleum pipeline located within the paralleling pipeline
easement that does not encroach on the right-of-way to be abandoned.
Staff recommends that payment of the fair market value be waived because Owner will be
dedicating public street right-of-way of greater value on Los Vientos at Terra Mar Unit 1, to
off-set the proposed vacating and abandonment of public right-of-way. The owner has
been advised of and concurs with the conditions of the right-of-way abandonment.
EXHIBIT A
FROM: B.A Bailey, AICP, Director of Development Services
DATE: July 19, 2004
TO THE CITY MANAGER OF THE cn'Y OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: July 27, 2004
ORDINANCE CAPTION:
Public headng to consider vacating and abandoning a 43,432-square foot portion of an undeveloped 20'
wide dedicated public right-of-way out of Lots 15 & 23, Sec. 32, Flour Bluff & Enclnal Farm & Garden Tracts
(south of Wooldddge Road approximately one mile east of Rodd Field Road unsurfaced roadway).
Ordinance vacating and abandoning a 43,432-squara foot portion of an undeveloped 20' dedicated public
right-of-way o~t of Lots 15 & 23, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts (south of Wonldddge
Road approximately one mile east of Rodd Field Road unsurfaced roadway); subject to owner's compliance
with file specified conditions; and dectadng an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded In Vc4ume A, Page 41-43, of the Map Records of Nuecos County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1
Staff recommends that payment of the fair market value be waived because Owner will be
dedicating public street right-of-way of greater value on Los Vlentos at Terra Mar Unit 1, to oil-set
the proposed vacating and abandonment of public right-of-way.
Upon approval fi'om Council and o~'dlnanca Issued, all grants of easement closures must be
recorded in the real property Map Records of Nueces County, Texas, In which the property Is
located. Prior to Building Permit approval of consffuc'don, an up-to-date survey, abstracted for all
easements and Items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
~~'rector oi: Development Sen~ices
DATE: ~ -"'~ ~
Approved:
Date:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 43,432-SQUARE FOOT PORTION
OF AN UNDEVELOPED 20-FOOT WIDE DEDICATED PUBLIC RIGHT-
OF-WAY OUT OF LOTS 15 AND 23, SECTION 32, FLOUR BLUFF &
ENClNAL FARM AND GARDEN TRACTS (SOUTH OF WOOLDRIDGE
ROAD APPROXIMATELY ONE MILE EAST OF RODD FIELD ROAD
UNSURFACED ROADWAY); SUBJECT TO OWNER'S COMPLIANCE
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 43,432-square foot portion of an undeveloped public right-of-way
out of Lots 15 and 23, Section 32, Flour Bluff & Eric[hal Farm and Garden Tracts (south
of Wooldddge Road approximately one mile east of Rodd Field Road unsurfaced
roadway), as recorded in Volume A, Pages 41-43, Map Records Nueces County,
Texas, that the owner, Hogan Development Company, (Owner), wishes to have
abandoned and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon and vacate said portion of the
right-of-way for public street purposes, subject to the previsions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 43,432-square foot portion of an undeveloped public right-of-way
out of Lots 15 and 23, Section 32, Flour Bluff & Encinal Farm and Garden Tracts (south
of Wooldddge Road approximately one mile east of Rodd Field Road unsurfaced
roadway), as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas
is abandoned and vacated for public use as street right-of-way, subject to Owner's
compliance with the following specified conditions as part of the abandonment and
vacation:
That payment of the fair market value is waived because the Owner will be
dedicating public street rights-of-way of greater value on Los Vientos at Term
Mar Unit 1, to off-set the proposed vacating and abandoning of the public right-
of-way.
Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded in the real properly map records of Nueces Ceunty,
Texas, in which the property is located. Pdor to building permit approval of
construction, an up to date survey, abstracted for all easements and items of
record, must be submitted to the Director of Development Services.
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
H:'tLEG-DIRLloseph\ORD-LosVienlos.d oc
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 27th day of July, 2004.
AI-I'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved (~ ,z~,t ~,u(?' ,2004
Mary Kay~Fisch~
City Attomey
H:~LEG-DIRUoseph\ORD-LosVientos.doc
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/~Ne, 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 Ohesney
Javier D. Colmenero
Melody Cooper
Henry Garreit
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scotl
H:'~LEG-DIRUoseph\ORD-LosVienlos.doc
LOCATION MAP
WOOLDRIDGE RD,
CAYA DEL OSO
EXHIBIT C
STREET CLOSURE
20' WIDE UNDEVELOPED PUBLIC RIGHT-OF-WAY
LOTS 15 & 23, SEC 22, FB 8, EF & GT
LOCATION I~IAP
/ /
/ zm /
~ /
/
"/.. /
// FLOI.~..~LU~7' A&~ EAZC/zVAZ /~M
/ ~Ad ~ORD~
2~ / ~UECE~ CO~X ?EXA~
I I
~'~ I i
I I
I ~ I
/ /
/ /
~ %~ I I
EXHIBIT "C "
34
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Corpus Christi Regional Economic Development Corporation Quarterly Report
OUTSIDE PRESENTER(S):
Name TitlelPoslflon O~anlzaflon
1. Ron Kitchens, CEO/President, CC Regional Economic Development Corp.
ISSUE:
Quarterly update to City Council regarding current economic development issues
and efforts by the Corpus Christi Economic Development Corporation to encourage
and cause retention, expansion and recruitment of industrial, manufacturing,
distribution and service employers.
REQUIRED COUNCIL ACTION:
No action required.
Additional Background []
Exhibits []
Assistant City Manager
35
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update on the State School Property development.
STAFF PRESENTER(S):
Name
1. Margle C. Rose
2. O~vid Onddas
'l'i'de/Po~iflon
Asst. City Manager/
Interim Director
Asst. Director of Operations
Department
Park and Rec.
Park and Rec.
OUTSIDE PRESENTER(S):
No~e
ISSUE: Update on the State School Property development.
BACKGROUND: At the April 27, 2004 City Council meeting, CmJr~l Member Javier
Colmer~ro requested an update on the development of the State School Property.
REQUIRED COUNCIL ACTION: None
Margle C. Rose, Assistant City Manager/
Interim Director of Park and Recreation
PowerPoint Presentation
State School Property
History, Current Use and Future Plans
Christi
July 27, 2004
History
1966
State of Texas gave City "license" to operate a
"Little League Baseball .P. roject and do other
things of a recreational nature"
1989
CDBG funds awarded to four youth leagues;
City subleases part of tract for fields
2
History (Continued)
1999
Corpus Christi Industrial Development
Corporationpurchased 91.7 acre tract from
State of Texas utilizing CDBG funds
2OO2
Master Plan for parks includes development of
"State School Sports Complex"
International
Westslde
3
Universal
Little League
4
Master Plan Fo p
~.~-.~,,~,~.~,,..~=.... r arks
Funding Options
· Bond Program
· Texas Parks & Wildlife
Matching Grant
· CDBG
· Private contributions
Park & Recreation
Discover the Bene§t$...
6
36
CITY COUNCIL
AGENDA MEMORANDUM
City Coun~l Action Date: July 27, 2004
AGENDA ITEM:
A
Resolulaon approving amendment to the Cozpus Christi Business and Job Development Corporation's
Guidelines & Criteria ~r Ca.ang Business Incentives Io define ~a~all I~sinesses an vmp. loye~ with49
or less o~ployees
Resolution Approving the Corpus Christi Business and Job Development Corporation's contract with
ACCION Texas for $200,000 from the Business and Job Developmmt Fund 1140 to ~lemeat a small
business loan program for unbankable businesses and offering loans up to $50,000
Resolution approving m~l a~rthafizing the City Manager or designee to execut~ a project ag~axmnt
between the Cozpus Christi Business ~:1 Job Development Corporation and the City ~f Coxpus Clxristi
for imtJlenmalafion and ad...h.[ntrafion of the contract with ACCION Texas.
ISSUE:
A. The Corpus Christi Business and Job Development Corporation adopted Guidelines & Criteria for
Granting Business Inceuliv~ on May 13, 2003. In the current guidelines, funds maybe approved for
education and Sh-II~ developme~ busings development and incubation and job creation_ Under the
50 or more ~-x~loye~ or busin~,ses with 20 or less uaploye~. In order to consider assistance to all
businesses in Corpus ~ an amendment to d~ffn~ small businesses as ra~,loyers with 49 or less
employees was aflaptedby the Corporation on July 8, 2004
B
ACCION Texas requested md ~he Coxpus (]aris ti Business :~1 Job EL~-lopment Corporalian,~up~uvefl
a gtazlt of $200,000 for lhe e~tablishment of an ACCION Texas Office in Corpus Christi with a $50,000
loan k~ss n:~erve fired md $150,000 fir the h,q~lemenmfion of ~m ht~n:st buy-downprt~am. ACCION
Texas is a not for profit state-wide loan fund committ-d to ~,,,l,owe~ng dive~e individuals and small
businesses with limite~l ac~ss to t~'adifional sources of credit_ The organiv-ation strives to cuuh~uto 1~
the econOlmC development of Texas by pmvidinE loans and other services to small businesses that are
unbankahle. In theft proposal, ACCION Texas, through a partne~hip with the City of Corpus Christi
and ~he Corporation, l~jects $3.5 rmqlion of bans I~ 290 busin~ses ~d the ~eafion of approxlmm'~y
95 new pc, mammt full-time jobs over three years Council action is requested to fully execute the
conWact between ACCION Texas and the Coi~oration~
C. Council action is needed Io rater i~to a Ixoject agreement with lhe Corporation to ~l~;~i~ztheproject
REQUIRED COUNCIL ACTION:
Approval of Resolutions presented.
PREVIOUS COUNCIL ACTION:
2oo2
Ordering of a special election to be held on November 5, 2002 to authorize a
corporation governed by section 4A of Article 5190.6 Vernon's Texas Civil Statutes to
use a sales and use tax of 1/8m cent for projects authorized by said statutes
Novembex 2002
Enactment and filing of a 1/8th cent sales and use tax authoxizexl by passage of
Proposition 2, effective April 1, 2003 md designation of the pre-existing 4A Boa~l as
admini~l~ator of tax proceeds and related projects
May2~3
Resolution approvmg the Business and Job Development Corporation Guidelines &
Criteria f~r granting business ncenfive~ md Resolution approving the B~siness &Job
Development Corporation P~vlaosed Budget for balanc~ of FY2002-2003 and for
FY2003 -2004
July 13, 2004
Resoluhon approving tie City of Corpus Christi, Texas Business and Job
D~velopment Cogporation's Budget for Fiscal year 2004-2005
CONCLUSION AND RECOMMENDATION: Approve r~solutions as presented.
Assistant City Manager
RESOLUTION
APPROVING AMENDMENT TO THE CORPUS CHRISTI BUSINESS
AND JOB DEVELOPMENT CORPORATION'S GUIDELINES &
CRITERIA FOR GRANTING BUSINESS INCENTIVES TO DEFINE
SMALL BUSINESSES AS EMPLOYERS WITH 49 OR LESS
EMPLOYEES
WHEREAS, in Resolution 025258, the City Council approved the Corpus Chdsti
Business and Job Development Corporation's Guidelines & Criteda for Granting
Business Incentives;
WHEREAS, on July 8, 2004, the Corpus ChdstJ Business and Job Development
Corporation Board of Directors approved amendment to its Guidelines & Cdteda for
Granting Business Incentives to change definition of "Small Business' from "a primary
employer that employs 20 or less full time (2,080 hours/year) permanent employees at
the time of application' to "a pdmary employer that employs 49 or less full time (2,080
hours/year) permanent employees at the time of application";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council approves of the amendment to the definition of "small
business" in the Corpus Christi Business and Job Development Corporation's
Guidelines & Criteda ("Guidelines') to amend the definition of "small business' in
Section 1 (w) of the Guidelines as employers with 49 or less employees. A copy of the
revised guidelines is attached.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: July 21,2004.
Lisa Aguilar ~)
Assistant City Attomey
for City Attorney
Samuel L_ Neal, Jr.
Mayor
July 27 amending CC~ and Job De,~ Coq~ Guidelines.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
CITY OF CORPUS CHRISTI, TEXAS
BUSINESS & JOB DEVELOPMENT CORPORA TION
GUIDELINES & CRITERIA
FOR GRANTING BUSINESS INCENTIVES
WHEREAS. the attraction of long-term investment and the establishment of new jobs in
Corpus Christi would enhance the City's economic base; and,
WHEREAS, Corpus Chdsti must compete with other communities across the nation
currently offedng a variety of business incentives to attract new jobs and business; and,
WHEREAS, the Texas Legislature in Section 4A of AYdde 5190.6, Vemon's Texas Revised
Civil Statutes (Development Corporation Act of 1979) has empowered local communities with the
ability to adopt an optional local sales and use tax as a means of improving the economic health
and prosperity of their citizens; and,
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi overwhelmingly
passed Proposition 2: NEW AND EXPANDED BUSINESS EN I P__RPRISES which authorized the
adoption of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one-eighth of one percent (1/8= cent) to the imposed for 15
years; and,
WHEREAS, under Proposition 2 and as required by On:]inance 024952, funds approved for
the promotion and development of new and expanded business enterprises can only be used for
the following Projects and no others:
a) Education/Skills DeveloprnenL These funds will be used to make grants to
companies and organizations to provide baining, retraining and education to insure the
knowledge and skills required for the jobs of the future are in place.
b) Business Developmentilncubaflon. These funds will be used to develop programs
and facilities that assist small and start-up companies that have the ability to produce
jobs for the future.
c) Jobs. These funds will be used to assist companies in the creation of meaningful.
wealth producing jobs (jobs that bring in dollars from outside of the community) in
Corpus Chdsfi. Funds would be available to beth existing and new companies.
VVI--IEREAS, the 1/8"~ cent sales tax authorized by passage of Preposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the City's Section 4A board of directors (Corpus Chdsti
Business and Job Development Corporation Board); and,
WHEREAS, to assure a common, coordinated effort to promote economic development,
these Guidelines and Criteda have been circulated among the City of Corpus Chdsti, other
governmental entities, the Corpus ChdstJ Regional Economic Development Corporation, area
chambers of commerce and the Corpus Christi community in general for consideration;
July 27 amending CCB and Job De',~ Corp Guidelines.doc
3
NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job
Development Corporation that these Guidelines and Criteda for Granting Business Incentives be
adopted:
Section 1. Definitions.
(a) 'Act' means Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes
(Development Corporation Act of 1979)
(b)
"A.qmement" means a contractual agreement between a property owner and/or lessee within
the City of Co~us Chdsti City Limits and the 'Corporation" for the purposes of granting
business incentives.
(c)
"Basic Manufactudrx:l or Service Facilit¢' means buildings and structures, including fixed
machinery and equipment not eisew'nere described, used or to be used for the production of
(d) 'Board" means the Corpus ChdstJ Business and Jobs Development Corporation Board
(Section 4A Board) as established by "City' Resolution 024233 and pursuant to the "Act".
(e)
"Business Incubator' means a program established with the primary objective of improving
the potential success of emerging small businesses, preferably through the bansfer or
application of technology, and in doing so, creates jobs, ensures self sufficiency and
invigorates the local economy. Through such programs, small business owners typically
have access to assistance which might inctude items such as rental space, administTative
support services, on-site business consulting, workshops, and business management
seminars.
(f)
"Capital Invesb'nant" means the increase in the assessed value of an eligible property as a
result of 'expansion" or "modernization" of an "existing facility' or construction of a "new
facility." It does not mean or include "deferred maintenance".
(g) "City' means the City of Corpus Chdsti, Texas.
(h) 'Con)oration' means the City of corpus ChdstJ Business and Job Development corporation
established by "City" Resolution 024233.
(i) "Deferred Maintenance" means improvements necessary for continued operations which do
not improve productivity or ere performed to meet regulatory obligations.
(j) "Economic life" means the number of years a property improvement is expected to be in
service in a "facility".
(k) "Executive Director' means the chief executive officer for the 'Corporation," or hi,sJher
designated representative.
(I) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for
the purposes of increasing capacity.
(m) "Facility" means property improvements completed or in the process of construction which
together compromise an integral whole, as well as new fixed machinery or equipment.
JuF/27 emending CCB and Job D~ve Corp Guidelines.doc
4
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
"Modernization" means the reptacement and upgrading of existing `facilrdes' which increase
the productive input or output, updates the technology or substantially lowers the unit cost of
the operation, and extends the economic life of the 'facilities'. Modem[zaflon may result
fi.om the oonstrucfion, aiteratJon or installation of buildings, structures, fixed machinery or
equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or
completion of 'deferred maintenance".
"New Facilib,'" means a property previously undeveloped which is placed into service by
means other than or in conjunction with an "expansion' or 'modernization'.
"Owner" means the owner of a 'facility' or 'program" subject to business incentives. If the
'facility' is constructed on a leased property, the owner shall be the pad'y which owns the
property subject to the business incentive. The other party to the lease shall join in the
execution of the 'agmemen~ but shall not be obligated to assure performance of the parly
receiving business incentive.
"Pet]'ochemical Facility" means buildings and structures, including fixed machinery and
equipment, the primary purpose of which is or will be the manufacture or processing of
petrochemicals or fuels by physical or chemical change.
'Pdmar~ EmDIoyer' means a business which produces goods and services to customers
that are located predominantly outside of the local area, thus generating ,alher than
redistributing w~alth in the community. Pdmary employers generate new wealth through
wages paid I~or jobs created, as well as through new demand for materials and services
bought from local suppliers. A pdmary employer is further defined as a business that owns or
operates a 'basic manufacturing or service facility,' 'petrochemical facility,' =regional
distribution center facility,' ~regional telecommunicafionsJdata processing center facility,' or
=research and development facility'.
"Proiect Ac~reemenF means the agreement made by and between the 'City' and the
'Corpora§on' which assigns responsibilities for jointly carrying out each Uagreement' to
assure that funds are used for authorized purposes. City execution of the Project
Agreement shall be in the form of an adopted Resolution by the City Council of the City.
"Regional Dis~bufion Center Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used primarily to receive, store, service or distribute
goods or materials owned by the Facility operator where a majority of the goods or services
are distributed to points beyond a 50-mile radius ol~ Nueces County.
"Re(lional Telecommunications/Data Processincl Center Facilitv" means buildings and
stn.~ctures used or to be used primarily for the provision of telecommunication or data
processing services by the Facility operator where a majority of the services are provided to
points beyond a 50-mile radius of Nueces County.
'Research and Develol:)ment Facility' means buildings and structures used or to be used
primarily for the purpose of product developmental engineering, testing and evaluation.
(w) "Small Business' means a ~pdmary employer' that employs 20 49 or less full time (2,080
hours/year) permanent employees at the time of application.
July 27 srnending CCB and Job D~ve Corp Guh:lellr~s.doc
5
(a)
Section 2. Mission & Goals
It shall be the mission of the Board in administ, mfion of these Guidelines and Criteda to
promote, encourage and enhance the creation of jobs which expand the City ~ax base and
economy through granting business incentives which assist in the retention, expansion and
recruitment of Pdmary Employers.
(b) The goals of ~ Board in adminisbafion of these Guidelines and Criteda am to:
(c)
(a)
· Create jobs;
· Expand the City tax base and economy;,
· Strengthen and diversify Primary Employers within the local economy.
The role of the Corporation in carrying out this mission and goals is to review and approve
applications for business incentives, recognizing that the Corpus Christi Regional Economic
Development Corporation exists for the purpose of organizing, coordinating and leading ~
City's economic development efforts.
Section 3. Business Incentives Authorized.
Capital Investment/Facility Business Incentives Authorized. Incentives granted by
Agreement for Capital Investment or Facilities under these guidelines pursuant to Section 4
below may include, but am not limited to:
· land, facilities, equipment & infTastructure grants;
· loan participation/guarantees;
· direct Iow interest loans;
,, rent subsidies;
· relocation and moving expense grants; and,
· job training grantsJioans.
(b)
Small Business Incenl~ves Authorized. Incentives granted by Agreement for Small Business
under these guidelines pursuant to Section 5 below may include, but are not limited to:
· Small Business start up grant&qoans; and,
· Business Incubation grants/loans.
(a)
Section 4. Capital Invesb~enffi=acility Business Incentives.
Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by
Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or
Capital Investment related to either New Facilities or improvements to existing Facilities for
the purpose of Modernization or Expansion. The following types of property shall be
ineligible for business incentives: inventories; supplies; tools; ftJmishings and other forms of
movable personal property; vehicles; vessels; aircraft; deferred maintenance investments;
improvements to real property which have an economic life of less than 15 years; with the
exception of the City of Corpus Chdsti, property owned or used by the State of Texas or its
political subdivisions or by any organization owned, operated or directed by a political
subdivision of the State of Texas.
July 27 amending CCB and Job Deve Corp Guidelines doc
6
(b)
Completion of Facility Construction. The completion of Facility construction or installation of
Capital Investment shall be deemed to occur upon the earliest of the following events (as
determined by the Board):
· when a certificate of occupancy is issued for the project;
· when commercial preduction of a product or provision of a service is achieved at the
Facility;
· when the architect or engineer supervising construction issues a certificate of
substantial completion, or some similar instrument; or,
· two (2) years after the date of the Agreement.
(c)
(d)
(e)
(g)
Location or Residency Recluirement. Facilities or land may be eligible for business
incentives only in the event that any associated Capital Investment is located within the City.
Property which is covered by an executed indus~al district agreement shall be considered to
be within the City for purposes of determining if a project meets location requirements. W~h
regard to job training incentives, these may be eligible outside of the City only in the event
that at least 51% of the jobs created during the term of the Agreement am held by residents
ofthe
Wa(3e Re<3uirement. In order to count as a job under an Agreement, the job shall pay at
least a 'living wage'. For purposes of this provision, living wage shall mean that annual
amount determined by the U.S. Department of Health and Human Services for the Corpus
Chdsti area as being at the poverty level for a fam~y of three, divided by 2,080 hours per
year_ In deterrnining if this requirement is met, the Board may also consider other
compensation factors or employee benefits that enhance the employee's compensation
package as a whole. Accordingly, the Corporation, through its Project Agreement with the
City, may adjust the living wage target under these Guidelines and Criteria and insert a
specific target in each Agreement to govem the incentive offered. WCr. h regard to job
training, a job shall pay at least an amount as determined by the Act in order to count as a
job under an Agreement.
Job Creation Qualification. In order to be eligible for business incentives, the planned
Capital Investment must create and maintain the minimum number of 50 full-time (2,080
hours/year) permanent jobs within three (3) years of an effective date as set out in the
Agreement. W'rth regard to job training, an exception to this requirement may be granted by
the Board on a case by case basis.
"Buv Local" Provision. Each recipient of business incentives under this Section shall
additionally agree to use best efforts to give preference and pdority to local manufacturers,
suppliers, contractors and labor, except where not reasonably possible to do so without
added expense, substantial inconvenience, or saccifice in operating efficiency. For the
purposes of this provision, the term "local" as used to describe manufacturers, suppliers,
contractors and labor shall include firms, businesses, and persons who reside in or maintain
an office within a 50-mile radius of Nueces County.
Maximum Value of Incentive for Capital Investment/Facilities. The maximum value of
incentive granted by Agreement under this Section shall be $5,000 for every job created.
W'rth regard to job training, the business incent;'ve may not fund more than an amount
allowable by the ACt.
Juh/27 amending CCB a~:l Jo~ [}eve Corp Guidelines.doc
7
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
Section 5. Small Business Incentives.
Authorized Prejec~s/Dediceted Allocation. For projects which may not me~t the
requirements of Section 4 above, business incentives may also be granted to Small
Business to create jobs for Pdmary Employers through Small Business start up and/or
Business Incubation. On an annual basis, the Board shall budget a separate allocation for
funding all small business start up and/or business incubation incentives.
Proiect Implementation. An authorized Small Business project funded by a business
incentive under this Section must be implemented within two (2) years from the date of the
Agreement.
Lo~aMon or Residency Requirement. Small Business start up and/or Business Incubation
projects may be eligible for business incentives only in the event that associated Capital
Investment or services are Iocated/previded within the City. Additionally, programs should
be directed at creating jobs for City residents.
Wa(m and Job Creation ReCluirements. Wage and job creation requirements for Small
Business start up and Business Incubation shall be evaluated and determined by the Board
on a case by case basis.
Section 6. Application.
Wriffen A,opii~d[ion. Any present or poter~dal Owner or sponsor may request business
incentives by filing a written application with the Executive Director, or his designated
representative.
Contents of A~ticetion. The application shall consist of a completed application form
accompanied (when appliceble) by: a general description of proposed Capital Investments to
the Facility; a descriptive list of the improvements or program for which business incentives
are requested; a list of the kind, number and location of all proposed improvements of the
property; a map and property descripUon; and, a time schedule for undertaking and
completing the proposed improvements or programs. In the case of a Modernization or
Expansion project, a statement of the assessed value of the Facility, separately stated for
real and personal properly, shall be given for the tax year immediately preceding the
apfflication. The application form may require such financial and other information as the
Corporation or City deems appropriate for evaluating the financial capacity and other
relevant factors of the applicant.
Feasibility/Economic Impact Study. After receipt of a completed application, and at the cost
of the applicant, the Executive Director shall cause to be performed a study of feasibility and
economic impact using an independent consultant selected by or agreed to by the Board.
This study shall include, but not be limited to, an estimate of the economic effect of
incentives, including job creation, employment enhancement and capital investment. Once
completed, the study and the application will be fom/arded to the Board for review and
discussion before consideration of any Agreement.
No Business Incentives if Consti'uction or Pro~ram has Commenced. No business incentive
Agreement shall be approved if the application was filed after the commencement of any
July 27 arnendlng CCB and Job Deve Corp Guidelines doc
8
(a)
(b)
consb-uction, alteration or installation of improvements related to the prop<:~:,ed Facility
Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall
be approved for any program if the application was filed after the program has been
astablishment or program activity has commenced.
Section 7. Approval.
Reservation of Riclhts. The Board reserves the dght to determine the eligibility of a project
and the terms and conditions of any loan, grant or guarantees based on the mission, goals
and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of
the Board to examine each application for business incentives before it on a case-by-case
basis and determine in its sole and absolute discretion whether or not the proposed project
should be granted any business incentive and whether or not it complies with these
Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will
be to the long-term benefit of the City.
Pmiect Ac~reement Reauired. Each Agreement shall also inblude and be accompanied by a
separate Project Agreement executed betv,~n the Corporation and the City.
SeO. ion 8. AgreemenL
(a) Contents of Business Incentive Aqreement. The Agreement shall include (when applicable):
· the estimated value of Capital Invest~nent;
· the commencement date and termination date of the business incentive;
· the proposed use of the Facility, nature of consb'ucfion, time schedule, map, property
descfip~or~ and improvements list as provided in the application as required;
· in the case of Pprngrams, the proposed l;[program description, targeted employment
market, nature and schedule of activities, facilities and equipment used to carry out
activities, and complete l:program budget listing all sources of funding and projected
expenditures;
· the contractual obligations in the event of default, delinquent taxes, recapture,
edminisb'ation and assignment as provided in these Guidelines or other provisions that
may be required for uniformity or by state law;, and,
· the number of permanent jobs, and wage/salary minimums for jobs created.
(b)
33me of Execution. The business incentive Agreement shall normally be considered by the
Board wffhin 60 days after the applicant has provided all necessary information and
documentation.
Section 9. Recapture.
Failure to 'timely Comply and Continue Operations. In the event ~hat the Owner of a Facility
or program fails to timely, fully and completely comply with any one or more of the
Agreement requirements, obligations, duties, terms, conditions or warranties, such failure
shall be an act of default and, if not fully and completely cured and corrected, Corporation
and/or City may terminate the Agreement and pursue all legal remedies as provided by law.
July 27 amending CCB and Job E~ve Coq) Guidelines.doc
9
(b)
(d)
(a)
(b)
(c)
Delir~uent Taxes. In the event that the Owner allows its ad valorem taxes to become
delinquent, and fails to timely and properly follow the legal pmc, edures for their protest and/or
contest, the Agreement shall terminate and so shall the business incentives.
Notice of Default. Should the Corporation and/or City determine that the Owner be in default
a¢_~o_rding to the terms and conditions of its Agreement, it shall notify the Owner in writing at
the address stated in the Agreement that if such is not cured within 60 days I'rom the date of
such notice (the "Cure Period"), then the Agreement may be terminated. In the event the
Owner fails to cure said default during the Cure Period, the Agreement may be terminated.
Potential Liab~lib/. After exhausting good faith attempts to address any perceived default
during the Cure Peded, and taking into account any extenuating circumstances that might
have occurred through no fault of the Owner as determined by the Board, potential liability
under an Agreement may include the immediate ratum of all money grants and
consideration previously paid, the maximum lawful rate of interest on all money paid until
fully repaid, reasonable attorney fees and costs of court to collect such money, and the
termination of all further ob~igalions made under Agreement. In addition, City and/or
Corporation shall not be liabte for any alleged consequential damages,
Section 10. Administration.
Access to Facility. The Agreement shall stipulate that emp4oyees and/or designated
representatives of the City will have access to the Facility or program dudng the term of the
Agreement for inspection to determine if the terms and conditions of the Agreement are
being met. All inspections will be made only after giving 24 hours prior notice and will only
be conducted in such manner as to not unreasonably interfere with the construction and/or
operation of the Facility or program. Inspections will be made with one or more
representatives of the Owner and in accordance with its safety standards.
Annual Evaluation. The City, acting on behalf of the Corporation, shall annually evaluate
compliance with U'~ Agreement and report possible viola'dons of the Agreement. As part of
this evaluation, the Owner shall provide information sufficient to ensure compliance.
Rlqht to Modify or Cancel. Notwithstanding anything herein or in any agreement to the
contrary, the Board may cancel or modify the Agreement if ~ Owner fails to comply with
the Agreement.
Adopted by the Board
Ju/y a, 2o04
July 27 amending CCB and Job Deve Corp Guidelines.doc
Corpus Christi, Texas
of ,2004
The above resolutJon 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
10
July 27 amending CCB and Job Dew Corp Guldelines.d(x;
RESOLUTION
APPROVING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION'S CONTRACT WITH ACCION
TEXAS, INC. FOR $200,000 FROM THE BUSINESS AND JOB
DEVELOPMENT FUND 1140 TO IMPLEMENT A SMALL BUSINESS
LOAN PROGRAM FOR UNBANKABLE BUSINESSES AND OFFERING
LOANS UP TO $50,000
WI-IEREAS, the Texas Legisiature in Section 4A of Article 5190.6, Vemon's
Texas Revised Civil Statutes ("Development Corporation Act of 1979')
empowered local communities with the ability lo adopt an optional local sales and
use lax as a means of improving the economic health and prosperity of their
ciUzens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti passed
Proposi'don 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of onc ~ghth of one percent to be
imposed for 15 years;
WHEREAS, the 1/8 cent sales tax authorized by passage of ProposilJon 2 was
subsequenl~y enacted by the City Council and filed with the State Comptroller of
Texas, effective April 1, 2003, to be administered by the Corporation's Board of
Directors ("Board');
WHEREAS, Section 21 of the Development Corporation Act of 1979 requires lhe
City Council to approve all programs and expenditures of the Corporation;
WHEREAS, the Board of Directors of the Corporal~on ("Board"), on May 5, 2003,
adopted the Corporation's Guidelines and Criteda for Granting Business Incentives;
WHEREAS, the CAty CcxJncil approved the CorporaUon's Guidelines and Cr'Jteda for
Granting Business Incentives on May 13, 2003;
WHEREAS, Accton Texas is a Texas nonprofit corporation whose prindpal mission is to
provide loans to r~all business owners lacking access to commercial credit and Accion
Texas has provided $27.4 million in 5,300 loans to over 3,330 clients in Texas from
1994 to 2003;
WHEREAS, Ac(ion Texas anticipates disbursing over three years neady 300 loans with
a total value of $3.5 million to Iow and moderate income micro and small business
owners in Corpus Chdsti to generate 95 new peri,anent fulI-Ume jobs;
WHEREAS, Accion Texas submitted a proposal to the Corporal~on to request business
development funds of $50,000 for use as a loan loss reserve fund to leverage capital for
its s[]r~il business loans for Corpus ChdslJ small businesses;
Page 2 of 2
WHEREAS, Acc. ion Texas submitted a proposal to l~e Corporation to request business
development funds of $150,000 for loan interest buy down assistance for qualifying
small businesses in Corpus Christi; and
WHEREAS, the Board authorized agreement at its meeting of July 8, 2004 to provide
business development funds to Accion Texas to be used by Accion Texas for small
business loan assistance programs which will result in creation of new full-time
permanent jobs in the city of Corpus Chdsti;
WHEREAS, the City Council has determined that it is in the best interests of the
Corporation and the citizens of Corpus ChdstJ, Texas that the proposed Accion Texas
project and its associated expenditure be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council approves the Corpus Christi Business and Job
Development Corporation's contract with Accion Texas, Inc. for $200,000 from the
business and job development fund 1140 to implement a small business loan program
for unbankable businesses and offering loans up to $50,000. A copy of the agreement
is attached as Exhibit A.
A'I-rEST
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: July 21, 2004
Lisa Aguilar LM
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
H:~LEG-DIR~._isa~RES~uly 27 Acc:ion Res.doc
Corpus Chdsti, 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
AGREEMENT BE'rWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION AND ACClON TEXAS, INC.
This Agreement ("Agreement") is entered into between the Corpus Christi Business and
Job Development Corporation ("Corporation") and Acci6n Texas, Inc., a Texas nonprofit
corporation ("Acci6n Texas").
WI-IEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosper~y of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of onc cighth of one percent to be imposed
for 15 years,
WI-IEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective Apdl 1, 2003, to be administered by the Corpus Chdsti Business and Job
Development Corporation Board;
WHEREAS, the Corpus Christi Business and Job Development Corporation exists for
the purposes of encouraging and assisting entities in the creation of jobs for the citizens
of Corpus Chdsti, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003,
adopted the Corporation's Guidelines and Criteda for Granting Business Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vemon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the corporation;
WHEREAS, the City Council approved the Corporation's Guidelines and Criteda for
Granting Business Incentives on May 13, 2003;
WHEREAS, Acci(Sn Texas is a Texas nonprofit corporation whose principal mission is to
provide loans to small business owners lacking access to commercial credit and Accion
Texas has provided $27.4 million in 5,300 loans to over 3,330 clients in Texas from
1994 to 2003;
WHEREAS, Accion Texas anticipates disbursing over three years nearly 300 loans with
a total value of $3.5 million to Iow and moderate income micro and small business
owners in Corpus Christi to generate 95 new permanent full-time jobs;
Accton06292004.doc
Page I of 10
WHEREAS, Acci~n Texas submitted a proposal to the Corporation to request business
development funds of $50,000 for use as a loan loss reserve fund to leverage capital for
its small business loans for Corpus Chdsti small businesses;
WHEREAS, Acci6n Texas submitted a proposal to the Corporation to request business
development funds of $150,000 for loan interest buy down assistance for qualifying
small businesses in Corpus Chdsti; and
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business development funds be provided to Acc, ion Texas to
be used by Accion Texas for small business loan assistance programs which will result
in creation of new full-time permanent jobs in the city of Corpus Chdsti
In consideration of the covenants, promises, and conditions stated in this Agreement,
Corpora§on and Accion Texas agree as follows:
1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
2. Term. The term of this Agreement is one year from August 1, 2004 through July 31,
2005. This agreement may be extended at the option of Ihe Corporation for up to two
additional one year terms, contingent upon annual appropriation of funds.
3. Loan Loss Reserve Program.
a. In consideration for creation and maintenance of new jobs as provided in this
Agreement, the Corporation agrees to pay $50,000 within 30 days of Corporation's
execufJon of this Agreement for the Loan Loss Reserve Program.
b. The Loan Loss Reserve Program funds will be used to allow Accion Texas to
leverage additional capital for small business loans.
c. "Small business" is defined in the Corpus Chdsti Business & Job Development
Corporation Guidelines & Criteda for Granting Business Incentives ("Corporation
Guidelines"), adopted May 5, 2003, as amended.
d. Accion Texas anticipates that it will have one million dollars available on an annual
basis to be lent to qualifying small businesses in Corpus Chdsti.
e. For every $50,000 in loans that Accion Texas provides to a small business in Corpus
Christi, Accion Texas shall ensure that the loan will result in the creation of one new full-
time permanent job in the city of Corpus Chdsti.
f. Businesses assisted must be located in or locating within the city limits of Corpus
Chdsti, Texas.
g. Businesses assisted must be unable to obtain a loan from traditional lending
institutions.
Ac~n0~292004.do~
Page 2 of 10
h. Loan amounts shall be within the range of $1,000 to $50,000.
i. Accion Texas shall provide the Corporation with quarterly reports to identify the loans
made, name and address of business receiving loan, jobs created, and other reports as
requested by the Corporation.
j. Accion Texas shall provide the corporation with quarterly reports of capital available
for loans to qualifed Corpus Chdsti small businesses or qualified small businesses
locating to Corpus Christi.
k_ Accion Texas will provide funds for operations and loan capital to implement and
sustain the program.
4. Interest Buy Down Program.
a. In consideration for creation and maintenance of new jobs as provided in this
Agreement, the Corporation agrees to pay Accion Texas up to $150,000 for the Interest
Buy Down Program as follows:
i. Accion Texas must first receive a request for a loan from a small business
located in Corpus Chdsfi, or a business locating in Corpus Christi.
ii. The request must include the business name, name of business owner(s),
location of business, type of business, number of new jobs to be created, amount
of loan, and amount of interest buy down program funds requested (up to 7% of
the loan).
iii. Accion Texas shall review the request for a loan.
iv. Upon Accion Texas approval of a loan, Accion Texas shall submit request to
Corporation for the interest buy down program funds for the loan. Payment by
Corporation shall be calculated using the following formula:
((Loan amount x interest rate (up to 7%))/12 = N.
N x number of payments = interest buy down reimbursement to Accion for
business loan.
Example: ($10,000 x 7%)/12 = 55.33
55.33 x 36 = $2100=amount to be reimbursed to Accion for business loan.
v. The Corporation shall distribute the Interest Buy Down Program funds to
Acc~on Texas within 30 days of receipt of notification of approval of loan under
the Interest Buy Down Program.
vi. The total funds available on an annual basis under the Interest Buy Down
Program under this agreement is $150,000.
AccionO6292004.doc
Page 3 of 10
The loans assisted with this program shall be within the range of $10,000 to $50,000.
c. This program shall result in the creation of one permanent full-time job per every
$50,000 in loans assisted with the Interest Buy Down Program. Acc. ion Texas shall
ensure that the loan will result in the creation of one new full-time permanent job in the
city of Corpus Christi.
d. Businesses assisted must be unable to obtain a loan from a traditional financial
institution.
e. Ac. don Texas shall provide the Corporation with quarterly reports to identify the loans
made, name and address of the business receiving the loan, jobs created under the
Interest Buy Down Program, and other reports as requested by the Corporation.
f. Accion Texas shall provide funds for operations and loan capital to implement and
sustain the program.
g Accion Texas shall develop loan underwriting criteda and payment terms and
conditions for its loan program.
5. Job C~eafion Qualification
a. In order to count as a job under this Agreement, the job must pay wages as
required in Section 38 (b) of the Development corporation Act of 1979, as
amended.
b. A full-time permanent job is one l~at provides at least 2,080 hours annually.
The jobs shall be pdmadly engaged in serving a customer base outside a 50-mile
radius of the city of Corpus Chdsti.
c. Accion Texas agrees to confirm and document to the Corporation that each
job created under this Agreement is maintained throughout the term of this
Agreement.
d. Accion Texas agrees to provide Corporation with a sworn certificate by
authorized representative of each small business assisted under this Agreement
certifying the number of full-time permanent employees employed by the small
business.
e. Accion Texas shall ensure that the Corporation is allowed reasonable access
to personnel records of the small businesses assisted under this Agreement.
6. Buy Local Provision.
a. Accion Texas agrees to use its best efforts to give preference and pdodty to
local manufacturers, suppliers, contractors, and labor, except where not
reasonably possible to do so without added expense, substantial inconvenience,
or sacrifice in operating efficiency.
Acdon06292004 doc
Page 4 of 10
b. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and
persons who reside in or maintain an office within a 50-mile radius of Nueces
County.
7. Local Offices. Two staff persons of Accion Texas offices shall be located in
Corporation designated offices or a mutually agreeable location_
8. Representation on Accion Texas governing board. Accion Texas agrees to
appoint a person designated by the Corporation as a member of Accion Texas
goveming board.
9. Warranties. Accion Texas warrants and represents to Corporation the following:
a. Accion Texas a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas, has all corporate power and
authority to carry on its business as presentJy conducted in Corpus Chdsti,
Texas.
b. Accion Texas has the authority to enter into and perform, and will perform, the
terms of this Agreement.
c. Accion Texas has timely filed and will timely file all local, State, and Federal
tax reports and returns required by laws to be filed and all taxes, assessments,
fees, and other govemmental charges, including applicable ad valorem taxes,
have been timely paid, and will be timely paid, dudng the term of this Agreement.
d. Accion Texas has received a copy of the Texas Development Corporation Act
of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges
that the funds granted in this Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Accion Texas agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement..
f. The parties executing this Agreement on behalf of Accion Texas are duly
aufhodzed to execute this Agreement on behalf of Acc, ion Texas.
10. Compliance with Laws. Acci6n Texas shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, County and City governments.
1'1. Non-Discrimination. Acci6n Texas covenants and agrees that Acci6n Texas will
not discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services at, on, or in the Facility, on the
grounds of race, religion, national origin, marital status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas.
Ac~:ion06292004.doc
Page 5 of 10
12. Force Majeure. If the Corporation or Acci6n Texas are prevented, wholly or in
part. from fulfilling its obligations under this Agreement by reason of any act of God.
unavoidable accident, acts of enemies, fires, floods, governmental restraint or
regulation, other causes of force majeure, or by reason of circumstances beyond its
control, then the obligations of the Corporation or Accibn Texas are temporarily
suspended dudng continuation of the force majeure. If either party's obligation is
affected by any of the causes of force majeure, the party affected shall promptly notify
the other party in writing, giving full particulars of the force majeure as soon as possible
after the occurrence of the cause or causes relied upon.
13. Assignment. Accibn Texas may not assign all or any part of its rights, privileges,
or duties under this Agreement without the prior wdtten approval of the Corporation and
City. Any attempted assignment without approval is void, and constitutes a breach of
this Agreement.
14. Indemnity, AcciOn Texas covenants to fully indemnify, save, and
hold harmless the Corporation, the City, their respective officers,
employees, and agents ("lndemnitees") against all liability, damage,
loss, claims, demands, and actions of any kind on account of
personal injuries (including, without limiting the foregoing, workers'
compensation and death claims), or property loss or damage of any
kind, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with Acci6n
Texas activities conducted under or incidental to this Agreement,
including any injury, loss or damage caused by the sole or
contributory negligence of any or all of the Indemnitees. Acci6n
Texas must, at its own expense, investigate all those claims and
demands, attend to their settlement or other disposition, defend all
actions based on those claims and demands with counsel
satisfactory to Indemnitees, and pay all charges of attorneys and all
other cost and expenses of any kind arising from the liability,
damage, loss, claims, demands, or actions.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Acci6n Texas to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Agreement;
b. The Corporation or City determines that any representation or warranty on
behalf of Acci6n Texas contained in this Agreement or in any financial statement,
certificate, report, or opinion submitted to the Corporation in connection with this
Agreement was incorrect or misleading in any material respect when made;
Ac~n06292004.doc
Page 6 of 10
c. Any judgment is assessed against Acci6n Texas or any attachment or other
levy against the property of Acci6n Texas with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Acci6n Texas makes an assignment for the benefit of creditors.
e. Acci0n Texas files a petition in bankruptcy, or is adjudicated insolvent or
bankrupt.
f. If taxes on owed by Acci6n Texas become delinquent, and Acci6n Texas fails
to timely and properly follow the legal procedures for protest or contest.
g. Accibn Texas changes the general character of business as conducted of the
date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Acci0n Texas is
in default according to the terms of this Agreement, the Corporation or City shall notify
Acci6n Texas in writing of the event of default and provide 60 days from the date of the
notice ("Cure Peded") for Acci(~n Texas to cure the event of default.
17. Results of Uncured Default, After exhausting good faith attempts to address any
default during the Cure Pedod, and taking into account any extenuating circumstances
that might have occurred through no fault of Acci6n Texas, as determined by the Board
of Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Pedod:
a. Acci6n Texas shall immediately pay $200,000 to Corporation, with interest at
the interest rate paid by the City on its most recently issued general obligation
bonds from date of expiration of Cure Period until fully paid.
b. Acci6n Texas shall pay Corporation reasonable attorney fees and costs of
court to collect amounts due to Corporation.
C, The Corporation shall have no further obligations to Acci6n Texas under this
Agreement.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
c~ndition of this Agreement, constitutes a waiver of any subsequent breach of
the covenant or condition of the Agreement.
Acc~on06292004.doc
Page 7 of 10
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Agreement, justifies or authorizes the nonobservance on any
other occasion of the covenant or condition or any other covenant or condition of
this Agreement.
c. Any waiver or indulgence of Acci(Sn Texas default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Acci6n Texas is in default in any
of its conditions or covenants of this Agreement, the failure on the part of the
Corporation to promptly avail itself of the dghts and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage
prepaid, addressed as follows:
Acci6n Texas:
Accibn Texas
Attn.: Janie Ban'em
2014 Hackberry
San Antonio, Texas 78210
Corpora'don:
City of Corpus Christi
Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Chdsti, Texas 78401
b. A copy of all notices and correspondence must be sent the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Chdsti, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner
provided above.
20. Incorporation of other documents.
Accton06292004.doc
Page 8 of 10
The Corpus Chdsfl Business & Job Development Corporation Guidelines &
Criteria for Granting Business Incentives ("Corporation Guidelines"), adopted
May 5, 2003, are incorporated into this Agreement.
21. Amendments or Modifications. No amendments or modifications to this
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
22. Relationship of Parties. In performing this Agreement, both the Corporation and
Acci(~n Texas will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint-venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
23. Captions. The captions in this Agreement are for convenience only and are not a
part of this Agreement. The captions do not in any way limit or amplify the terms and
provisions of this Agreement.
24. Severabllity.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Agreement or the application of this Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable
under present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Agreement, or the application of the term
or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it
is the definite intent of the parties to this Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Agreement be
given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Agreement, then the remainder of this Agreement is not affected by the law, and
in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or
provision, as similar in terms to the illegal, invalid, or unenforceable clause or
provision as may be possible and be legal, valid, and enforceable, will be added
to this Agreement automatically.
25. Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas.
26. Sole Agreement. This Agreement constitutes the sole agreement between the
Corporation and Acci(Sn Texas. Any prior agreements, promises, negotiations, or
representations, verbal or othenNise, not expressly stated in this Agreement, are of no
force and effect.
^c~onO62920(~.doc
Page 9 of 10
Corpus Christi Business & Job Development Corporation
BY:
Name:
Title:
Date:
Attest
By:
Acci6n Texas, Inc.
By:
Janie Barrera
President and Chief Executive Officer
Date:
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2004, by
Janie Barrera, President and Chief Executive Officer for Accion Texas, Inc., a Texas
non-pmffi corporation, on behalf of Accion Texas, Inc..
Notary Public, State of Texas
Acdon06292004.doc
Page 10 of 10
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
PROJECT AGREEMENT W/TH THE CORPUS CHRISTI BUSINESS
AND JOB DEVELOPMENT CORPORATION ("CORPORATION")
REGARDING IMPLEMENTATION AND ADMINSTRATION OF
AGREEMENT BE-rWEEN THE CORPORATION AND ACClON TEXAS.
INC.
WHEREAS, the Texas Legislature in Section 4A of Arlide 5190.6, Vemon's
Texas Revised Civil Statutes ('Development Corporation Act of 1979")
empowered local communities with the ability to adopt an optional local sales and
use tax as a means of improving the economic health and prosperity of their
citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti passed
Proposition 2, New and Expanded Business Enterprises, which authorized the
adopl~en of a sales and use tax for lhe promotJon and development of new and
expanded business enterprises at the rate of onc c~ghth of one percent to be
imposed for 15 years;
WI-IEREAS, the 1/8 cent sales lax authorized by passage of Proposition 2 was
subsequenl]y enacted by the City Council and filed with the State Comptroller of
Texas, effective April 1, 2003, to be administered by the Corporation's Board of
Directors ('Board');
WHEREAS, the Board of Directors of the Corporation ('Board"), on May 5, 2003,
adopted the Corporation's Guidelines and Criteria for Granting Business Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vemon's Texas Revised Civil Statutes, requires the City Coundl to approve all
programs and expenditures of the corporation;
WHEREAS, the City Council approved the Corporation's Guidelines and Cdteda for
Granting Business Incentives on May 13, 2003;
WHEREAS, Acc:iOn Texas is a Texas nonprofit corporaUon whose principal rnlssion is to
provide loans to small business owners lacking access to commercial credit and Accion
Texas has provided $27.4 million in 5,300 loans to over 3,330 ciients in Texas from
1994 to 2003;
WHEREAS, Ac(ion Texas anticipates disbursing over three yearn neady 300 loans with
a total value of $3.5 million to Iow and moderate income micro and small business
ovmers in Corpus Chdsti to generate 95 new permanent full-time jobs;
WHEREAS, Accion Texas submitted a proposal to the Corporation to request business
development funds of $50,000 for use as a loan loss reserve fund to leverage capital for
its ,small business loans for Corpus Chdsti small businesses;
Page 2 of 2
WI-IEREAS, Accion Texas submitted a proposal to the Corporation to request business
development funds of $150,000 for loan interest buy down assistance for qualifying
small businesses in Corpus Chdsti; and
WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus
Chdsti, Texas that business development funds be provided to Accion Texas to be used
by Accion Texas for small business loan assistance programs which will result in
creation of new full-time permanent jobs in the city of Corpus Christi
WI-IEREAS, the Board authorized execution of an agreement with Accion Texas, Inc.
the Board's meeting of July 8, 2004; and
WHEREAS, the Board desires to contract with the City to allow the City to administer
funding on behalf of the Corporation and per[erin contract administration
responsibilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION I. The City Council authorizes the City Manager, or the City
Manager's designee, to execute a Project Agreement with the Corporation to
allow the City Manager or the City Manager's designee to administer funding on
behalf of the Corporation and peal'erin contract administration responsibilities
associated with the Agreement between the Corporation and Accion Texas, Inc.
A copy of the Project Agreement is attached as Exhibit A.
A'CrEST
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved: July 21, 2004
Lisa Aguilar '-"
Assistant City Attorney
for City Attomey
H:%EG-DIR~Llsa~RES~July 27 ACCION project agmt.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 Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
BUSINESSINCENTIVES PROJECT AGREEMENT
This Business Incentives Project Agreement (" Project Agreement'3 is entered into
between the Corpus Christi Business and Job Development Corporation ("Corporation")
and the City of Corpus Chdsti, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one-eighth of one percent to be imposed
for 15 years,
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective Apdl 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Chdsti, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003,
adopted the Corporation's Guidelines and Criteria for Granting Business Incentives;
WHEREAS, Sec'don 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vemon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the corporation;
WHEREAS, the City Council approved the Corporation's Guidelines and Criteria for
Granting Business Incentives on May 13, 2003;
WHEREAS, Accion Texas, Inc. ("Accion Texas") has submitted a proposal to the
Corporation to request business incentives of approximately $200,000 for its loan loss
reserve program and interest buy down program; and
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Chdsti, Texas that business development funds be provided to Accion Texas to
be used by Accion Texas for small business loan assistance programs which will result
in creation of new full-time permanent jobs in the city of Corpus Christi;
WHEREAS, the Corporation and Accion Texas have executed an Agreement to grant
business incentives to Accion Texas, Inc. for the creation of jobs (Business Incentives
Agreement);
Acc~:m Texas Project Agmemen[ 07022004.doc
Page 1 of 3
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Business Incentives Agreement. This Project
Agreement between the City and the Corporation is executed to implement the
Business Incentives Agreement.
2. Term. The term of this Project Agreement runs cencurrenUy with the term of the
Business Incentives Agreement.
3. Services to be Provided by City.
a. The City will make offices available for two staff persons of Accion,Texas, inc.
b. The City Manager, or the City Manager's designee, will administer funding
under the Business Incentives Agreement on behalf of the Corporation.
c. The City Manager, or the City Manager's designee, will perform contract
administration responsibilities outlined in the Business Incentives Agreement for
Corporation.
d. The City Manager, or the City Manager's designee, will represent the
Corporation on the Accion Texas governing board.
4. Appropriation of Funds. Any future payments by the City are subject to annual
appropriation of funds by Corpus Chdsti City Council.
5. Effective Date. The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Agreement may be made, nor any provision waived, unless in wdting signed by a
person duly authorized to sign agreements on behalf of each party.
6. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Project Agreement be given full force and effect for its purpose.
Ac=don Te~.as ProJect,~ree~e~t 07022004.doc
Page 2 of 3
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Agreement, then the remainder of this Project Agreement is not affected by the
law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a
clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Project Agreement automatically.
7. Captions. The captions in this Project Agreement are for convenience only and are
not a part of this Project Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Project Agreement.
The City of Corpus Christi
Corpus Christi Business &
Job Development Corporation
George K. Noe
City Manager
Date: Date:
Attest
Arrnando Chapa
City Secretary
Approved as to Legal Form
City Attomey
Action Texas Project Agree~,ent 07022004.doc
Page 3 of 3
Corpus Christi Micro &
Small Business Loan Program
Partnerships to Grow Our Economy
through Micro and Small Businesses
I Community-Based Collaboration
Small Business Roundtable:
· Business loan program for unbankable business owners
· Enhanced business assistance services
City Business Resource Center (BRC) Steering Committee:
· Partnership with SBDC/PTACfor enhanced business
assistance services
· Partnership with a non-prof~it source for lending (such
as ACCION) and locate under the same roof with
SBDC/PTAC and current BRC tenants
· Enhance outreach to HUBs
Del Mar College Board of Regents
· Concept Already Approved
]What the SBDC/PTAC Partnership Offers
Existing
· Business Counseling and Planning Assistance
· Procurement TechnicalAssistance
· Marketing Plan Assistance
· Financial and Accounting Assistance
· Workshops and Seminars
· Access to ComputerLaboratories
· Business Mentoring
New
· Enhanced Outreach to HUBs
· LegalAssistance
· Unbankable Businesses Direct Loan Access
]What the Survey Says
TAMU-CC College of Business Surveyed businesses
in the Renewal Community (approximately 1200 businesses)
· 46.4% interested in business loans
· 56.6 % interested in access to business loans have been in
operation for 5 or more years
· 90.2 % of businesses interested in access to business loans
have less than 30 employees
· 65% of businesses are planning expansions
[
T
X
A
S
ACCION Texas
New Program
Projects over the next 3 years, to
originate $3.5 million in loans to
approximately 290 clients in the
Corpus Christi area, creating 95 new
permanent full-time jobs.
I ACCION Texas
ACCION Texas is a not for profit statewide
loan fund committed to empowering
diverse individuals and small businesses
with limited access to traditional sources ~f
credit. We strive to be a sustainable
organization that contributes to the
economic development of Texas by
providing microloans and other services to
our clients.
ACCION Texas
Our Beginning
Started in 1994 with:
$50,000 operational
grant
$125,000 loan for
lending
full-time employees
ACCION Texas
Today
ACCION Texas has:
[] 1,697 active clients
[] $27,429,077 disbursed
(since '94)
[] 5,398 loans (since '94)
[] $8,150,826 active portfolio
[] $5,113 average loan size
[] 29 full-time employees
* As of December 31, 2003
ACCION Texas
Offices
O San Antonio, March 1994
O McAllen, March 1998
~ Houston, Sept 1998
~ Dallas, January 1999
Brownsville, May 1999
(~) Austin, May 1999
E1 Paso, August 1999
ACCION Texas
Services
· Networking ,....
Service Referral
·
· Establish Credit
· Loans
· Auto Loans
[Who We Help
· We help small
business that fall just
beneath bank
guidelines.
· We help business
owners with weak
credit and good
capacity to pay loan.
]Flexibility
· ACCION Texas reviews requests from entrepreneurs with non-
traditional credit. We serve the small business owners who do
not qualify for bank loans.
· ACCION Texas reviews request with minor credit problems
· We review start-ups.
ACCION Texas works fast. The loan decision and
disbursement process takes between 10-15 days after the loan
interview and customer has returned all required information.
Economic Impact
ACClON Texas $22.2 million in lending is
diversified across sectors of the economy
and communities
Communities
Sectors of the Economy
Other
Manufacturing
$2.1 m $1.1 rn
Services
Retail Trade
$7.9 m $11.1 rn
Austin
$1.5m
Houston
$2.0 m
D/FW
$2.0 m
Rest of TX
$2.8 rn
El Paso
$2.5 rn
San Antonio
$8.7 rn
Rio Grande Valley
$2.7 rn
Capital invested ripples through the economy,
creating additional economic activity through...
· Direct Effects - Total ACCION loan amounts to small business.
· Indirect Effects - Amount of new sales generated by regional
business to support ACCION loan recipients.
· Induced Effects - Increased spending due to household income
generated by direct and indirect.
· Total Impact - Sum of the above effects.
Direct
I Economic Impact
Dallas/FL Wo~Lh $2,022,670 I $3,255.9~4 $1,316.797
$2,548,934 ;iL $4,051,036 $1,525,437
ii El Paso
$1,962,22.0
$496,993
Rio Grande
Valley $2,711,762
San A~Lonio $8,687,558
Rest of TX
i l $3,173,163
__11 $773,349
$4,278,06O
.... $%,%_JL $,.2o,.1,
$1,233,017
$284,659
$1,656,919
$5,217,115
$1,198,427
$13,499.741
41 $143,542
$24,358
59 $219,910
66 $26O,623
56 $213,716
11 $49,362
73 $318,390
238 $916,385
55 $201,062
604 $2,365,367
To~l New
Joba
ACCION Texas $22.2 million in lending translates into
economic activity, labor compensation, jobs, and tax
reven u e.
T
X A
210. 226.3664
1.888.215.2343
www.acciontexas.org
Program Budget
Corpus Christi -New Start for ACCION Texas
Year 1 Year 2 Year 3
Total Years
Projected Self-Sufficiency Ratio
Projected Revenue
Direct Operating Expenses
Indirect Operating Expenses
Total Expenses
Operating Deficit
Loan Loss Reserve Requirement
Total Funding Need
Potential Contributions
25% 32% 35%
$65,757 $73,896 $85,078 $224,731
$220,342 $177,698 $184,583 $582,623
$42,687 $53,227 $58,497 $154,411
$263,029 $230,925 $243,080 $737,034
($197,272) ($157,029) ($158,002) ($512,303)
$75,450 $86,650 $95,010 $257,110
$272,722 $243,679 $253,012 $769,413
$200,000 $200,000 $200,000 $600,000
I Interest Buy-Down Program
· Lowers Interest Rate of Business Loan
· Decreases Borrower's M~nthly Payment
Example: $35,000 Loan for 4 years
Original Interest (12.5%)
Interest Buy-Down (7%)
Total Savings to Borrower
Monthly Savings to Borrower $
$~7,500
$ 9,800
$ 7,700
160
]Implementation Schedule
· July 8, 2004 - Corpus Christi Business and Job
Development Corporation Considers ACCION Texas
Contract.
· July 27, 2004 - City Council Considers ACCION Texas
contract
· August 1, 2004 - ACCION begins recruiting for staff
· August 3, 2004 - Del Mar College Considers
SBDC~TAC Contract with City
· August 17, 2004 - City Council Considers Del Mar
College SBDC~TAC Contract
· September 1, 2004 - ACCION Open for Business at
the City of Corpus Christi Business Resource Center
at SPID
· March 15, 2005 - Move to Del Mar College
37
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 27, 2004
AGENDA ITEM:
a. Motion to amend, Section 1, prior to Second Reading, the ordinance adopting the City of
Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2004; to be filed with
the County Clerk; appropriating monies as provided in the budget; and providing for
severance.
b. Second Reading - the ordinance adopting the C~ty of Corpus Christi Budget for the ensuing
fiscal year beginning August 1, 2004; to be filed with the County Clerk; appropriating
monies as provided in the budget; and providing for severance.
ISSUE:
The City Charter requires the City Council adopt the annual operating budget appropriating proposed
revenues and expenditures prior to August 1~ of each year.
BACKGROUND:
The proposed FY 2004-05 Operating Budget was submitted to Council on May 25, 2004.
Subsequently, the Council has received four presentations covering various deparlments, funds and
issues. The ordinance in your packet under this item adopts the FY 2004-05 Proposed Budget as
originally submitted.
On May 25, 2004 and on June 29, 2004 there was consensus among the City Council to incorporate
adjustments related to CVB funding and Garage Sale Pemxits. On July 13, 2004 three separate
options were presented to Council for consideration related to CVB funding. Option 2 passed and is
incorporated in the attached "Schedule of Amendments to the FY 2004--05 Proposed Bridget." Below
are these amendments, as well as additional amendments to accommodate the Certified Tax Roll and
final receipt of a new cost allocation study: · Amendment # 1 a - CVB funding
· Amendment # 1 b - deletes proposed Garage Sale permits fees
· Amendment #2a - adjustments due to the Certified Tax Roll firom the Nueces County
Appraisal District (providing for a one cent tax decrease)
· Amendment #2b - adjustments due to the cost allocation study
· Amendment #2c - adjt~hnents due to increased marina fees
REQUIRED COUNCIL ACTION:
Approval of Ordinance and Amendments.
Attachments:
Ordinmace
Schedule of Amendments to the FY2004-05 Proposed Budget
Assistant City Manager - Support Services
X
X
Page 1 of 1
MOTION - July 27, 2004
Motion to amend Section 1 of the ordinance adopting the City of Corpus Chdsti Budget
for the ensuing year Beginning August 1, 2004; to be filed with the County Clerk,
appropriating monies as provided in the budget, and providing for severance, which
passed on first reading on July 13, 2004, by revising Section I of the ordinance to read
as follows:
"SECTION 1. That the Budget of the City of Corpus Chdsti, covedng proposed
expenditures amounting to $486,716,163 $485,525,080 and estimated revenues
amounting to $.48,1,391,2,18 $483,654,940, for the Fiscal Year beginning August 1,
2004, and ending July 31, 2004, as submitted by the City Manager, with modifications
directed by the City Council and recorded in its minutes being incorporated by reference
is adopted."
Document1
AN ORDINANCE
ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING
FISCAL YEAR BEGINNING AUGUST l, 2004; TO BE FILED WITH THE
COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE
BUDGET; AND PROVIDING FOR SEVERANCE.
WHEREAS, the City Manager of the City of Corpus ChdstJ (City), pursuant to Article IV, Section
2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the
revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal
year beginning August 1, 2004, and ending July 31, 2005, and which Budget Proposal had
been compiled from detailed information from the several depa~ b.ents, divisions, offices of the
City, in accordance with the City Charter provision referenced above; and
WHEREAS, the members of the City Council have received and studied the City Manager's
Budget Proposal and have called and held the proper headng in accordance with Section
102.006, Texas Local Government Code, on the Budget Proposal; and
WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Chdsti,
Texas, the City Council must appropriate such sums of money as provided in the Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Budget of the City of Corpus Christi, covedng proposed expenditures
amounting to $485,525,080 and estimated revenues amounting to $483,654,940 for the Fiscal
Year beginning August 1,2004, and ending July 31, 2005, as submitted by the City Manager,
with modifications directed by the City Council and recorded in its minutes being incorporated
by reference, is adopted.
SECTION 2. That upon the passage of this ordinance certain sums of money from all sources
of City revenues, as described in the Budget, shall be and they are appropriated to cover the
sums for expenditures and investments as provided for each of the several funds in the
attachment to the City Manager's Message (entitled City of Corpus Christi Summary of
Expenditures FY 2004-2005) of the Budget of the City, as modified by the City Council.
Notwithstanding any other provision to the contrary, the City Manager is authorized to make
transfers within departments, divisions, purposes, or funds, provided it is in accordance with
applicable law.
SECTION 3. Police Officer Positions
The number of positions budgeted for each police officer classification in the Police Department
shall be:
Police officer and senior police officer - 388*
Lieutenant - 36
Captain - 15
Commander - 6
SECOND READING VERSION
Assistant Chief - 2 ~*
Chief- 1
FY04-05 TOTAL 448
* These positions are interchangeable. Any police officer may become a senior police
officer after 30 months' service by passing a pass/fail exam. This number may be
temporarily increased by graduates from a police academy authorized by the City
Manager, which temporary increase shall be reduced to authorized strength through
attrition. As the number of captain and assistant chief positions is reduced as provided
below, one permanently budgeted police officer/senior police officer position is
simultaneously added as each captain or assistant chief position is so reduced.
** The number of assistant chief positions is reduced to one effective upon a vacancy in
an assistant chief position occurring for any reason, including but not limited to
termination, retirement, or demotion.
SECTION 4. Firefl(~hter Position
The number of positions budgeted for each firefighter classification in the Fire
Department shall be:
Fireflghter- 134'
Firef'~Jhter II - 167
Fire Captain - 78
District Fire Chief- 10
Assistant Fire Chief - 4
First Assistant Fire Chief - 1
Fire Chief - 1
FY04-05 TOTAL 395
*This number may be temporarily increased by graduates from a fire academy
authorized by the City Manager, which temporary increase shall be reduced to
authorized strength through attrition.
SECTION 2. That upon final passage of this budget ordinance, a true certified copy of
this same ordinance shall be transmitted by the City Manager to the County Clerk of
Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code.
The budget shall also be part of the archives of the City.
SECTION 6. 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 in this ordinance be given full force and effect for its purpose.
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the __ Day of ,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ Day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED this the
A'I-I'EST:
,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ Day of
Armando Chapa
City Secretary
APPROVED: July 23, 2004
Lisa Aguilar
Assistant City Attorney
for City Attomey
Samuel L. Neal, Jr.
Mayor
City of Corpus Christi
Amendments to the FY2004-2005 Proposed Budget
General Fund - 1020 I
Proposed Revenues
Adjustments:
Amendmen~lb Delete Proposed Garage Sale Fees
Amendment #2a Decrease ad valorem taxes - current
Amendment #2b Net decrease in administrative service charge for adjusted cost allocation plan
Total Adjusted Revenues
Proposed Expenditures
Adjtatments:
Amendmen~lb Decrease ACM of Admininswation Services
Amendment #2a Decrease transfer to Debt Service
Amendment 02b Decrease transfer to Debt Service
Amendment #2b Decrease transfer to Ambulance Fund
Amendment #2b Increase transfer to Development Services Fund
Total Adjusted Expenditures
$156,326,342
(lO,OOO)
(44,ooo)
(29%478)
$155,972,864
$156,326,342
(lO,OOO)
(44,ooo)
(604,738)
(119,756)
425,016
_ $155,972,864
Hotel Occupancy Tax Fund - 1030
Proposed Expenditures
Adjustments:
Amendmen~la Decrease Transfer to Debt Service
Amendment#la Increase to Convention Promotions
Total Adjusted Expenditures
$ 9,250,624
(148,118)
148,118
$ 9250,624
Water Fund - 4010 I
Proposed Expenditures
Adjustments:
Amendment g2b Decrease transfer to General Fund for adjusted cost allocation plan
Total Adjusted Expenditares
$ 76,605~69
(370,841)
$ 76,234,428
Gas Fond - 4130 I
Proposed Expenditures
Adjustments:
Amendment #2b Decrease transfer to General Fund for adjusted cost allocation plan
Total Adjusted Expenditures
$ 35,806,608
(419,413)
$ 35,387,195
Wastewater Fund - 4200 I
Proposed Expenditures
Adjustments:
Amendment #2b Decrease transfer to Gene~l Fund for adjusted cost allocation plan
Total Adjusted Expenditures
$ 33,207,421
(356,077)
$ 32,851,344
City of Corpus Christi
Amendments to the FY2004-2005 Proposed Budget
Airport Fund - 4610 I
Proposed Expenditures
Adjustmenls:
Amendment #2b Increase transfer to General Fund for adjuzted co~t allocation plan
Total Adjusted Expenditures
7,594,942
140,047
7,734,989
Development Servicm Fund - 4670
Proposed Revenues
Adjustments:
Amendment #2b Increase Wansfer from General Fund
Total Adjusted Revenues
Proposed Expenditures
Adjustments:
Amendment #2b Increase transfer to General Fund for adjusted cost allocation plan
Total Adjusted Expenditures
$ 3,880,488
425,016
$ 4,305,504
$ 4,282,582
425,016
$ 4,707,598
Ambulance Fund - 4680 I
Proposed Revenues
Adjustments:
Amendment #2b ~ease Wansfer fi.om General Fund
Tolal Adjusted Revenues
Proposed Eipendltures
Adjustments:
Amendment g2b Decrease mmsfer to General Fund for adjusted cost allocation plan
Total Adjusted Expendil~res
6,841,039
019,756)
6,721,283
6,349,328
(119,756)
6,.229,572
Golf Fund - 4690 ]
Proposed Expenditures
Amendment g2b Increase transfer to General Fund for adjusted cos~ allocation plan
Amendment g~b Decrease mmsfer to Debt Service
Amendment g2b Decrease expenditures
Total Adjusted Expenditures
'Marina Fund - 4700 I
Proposed Revenues
Adjustments:
Amendment #2c Increase revenue due to new and proposed fee increases
Total AdjustedRevenues
Proposed Expenditures
Adjustments:
Amendment #2b Increase n'a~sfer to General Fund for adjuzted cost allocation plan
Total Adjusted Expenditures
$ 2,101,521
190,420
(149,696)
(40,724)
$ 2,101,521
1,258,258
285,153
1,543,411
1,186,811
133,817
1,320,628
City of Corpu~ Christi
Amendments to the FY2004-2005 Proposed Budget
Visitors Facilities Fund - 4710 I
Proposed Revenues
Adjustments:
Amendment #2b Increase transfer from Arena Facility Fund
Total Adjusted Revenues
Proposed Expenditures
Adjustments:
Amendment #2b Increase transfer to General Fund for adjusted cost allocation plan
Total Adjusted Expenditures
$ 3,227,394
77,309
$ 3,304,703
$ 3,230,758
77,309
$ 3,308,067
Arena Facility Fund - 1130 I
Proposed Expenditures
Adjustment~:
Amendment g2b Increase Irunsfer to Visitors Facility Fund
Total Adjusted Expenditures
$ 4,172,578
77,309
$ 4,249,887
General Obligation Debt Fund - 2010
Proposed Revenues
Adlustments:
Amendmen~la Decrease Transfer to Hotel Occupancy Tax
Amendment g2a Decrease ad valorem taxes - current
Amendment gc2n Decrease trunsfer for debt - General Fund
Amendment #2b Decrease ~'ansfer for debt - General Fund
Amendment #2b Decrease lransfer for debt - Golf Centers Fund
Total Adjusted Revenues
$ 2,844,5,~6
(148,118)
(104,000)
(44,000)
(604,738)
(149,696)
$ 1,793,994
Proposed Revenue~ all Funds
Amendmen~le
Amendmen~lb
Amendment #2a
Amendment #2b
Amendment #2c
Revised Revenues - all Funds
Proposed Expenditures all Funds
Amendment~la
Amendment~lb
Amendment #2a
Amendment #2b
Amendment 02c
Revised Expenditures - all Funds
$484,391,248
(148,118)
00,000)
(671,343)
285,153
$483,654,940
$486,716,163
(lO,OOO)
(44,000)
(1,137,083)
$485,525,080
CITY OF CORPUS CHRISTI
CURRENT AD VALOREM TAX COLLECTIONS
F¥2004-2005
2003 Net Assessed Valuation
Growth
2004 Net Assessed Valuation
7.73%
$8,947,896,398
691,665,374
$9,639,561,772
His tory of Assessed Valua fions
Tax Yeax Total NetValues %Ch:mge
1991 $ 6,129,965,069
1992 5,993,403,579 -2.23%
1993 6,027,203,588 0.56%
1994 6,230,638,245 3.38%
1995 6,464,727,958 3.76%
1996 6,745,559,944 4.34%
1997 6,965,898,936 3 27%
1998 7,226,045,864 3.73%
1999 7,462,585,204 3.27%
2000 7,652,057,403 2.54%
2001 8,029,325,055 4.93%
2002 8,426,656,727 4.95%
2003 8,947,896,398 6.19%
2004 9,639,561,772 7.730/0
General Fund Debt Service Fund
Tax Rate, Levy & Split (Operation & Main0 (Interest & Sinking) Total
Originally Proposed FY04-05 Rate $ 0.466554 $ 0.177621 $ 0.644175
Levy Split $ 61,131,691 $ $ 61,131,691
3.8% Delinquencies 2,323,004 2,323,004
Reinveuhnent Zone No. 1
Remvestment Zone No.2 453,366 453,366
Revised FY04-05 Distributions $
Original Proposed Budget $
Difference $
58,355,321 $ $ 58,355,321
42,371,620 $ 16,131,229 $ 58,502,849
15,983,701 $ (16,131,229) $ (147,528)
7/23/2004 12:20 PM
AN ORDINANCE
ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING
FISCAL YEAR BEGINNING AUGUST 1, 2004; TO BE FILED WITH THE
COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE
BUDGET; AND PROVIDING FOR SEVERANCE.
WHEl~_.AS,lheJ3ityManager~of the~CorpusCh~i~ (C;'t-,y~)~oursuant~o-AffJcle~V?~ection
2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the
revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal
year beginning August 1, 2004, and ending July 31, 2005, and which Budget Proposal had
been compiled from detailed informalJon from the several departments, divisions, offices of the
City, in accordance with the City Charter provision referenced above; and
WHEREAS, the members of the City Council have receh/ed and studied the City Manager's
Budget Proposal and have called and held the proper hearing in accordance with Section
102.006, Texas Local Government Code, on the Budget Proposal; and
WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi,
Texas, the City Council must appropriate such sums of money as provided in the Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures
amounting to $486,716,163 and estimated revenues amounting to $484,391,248 for the Fiscal
Year beginning August 1, 2004, and ending July 31, 2005, as submitted by the City Manager,
with modifications directed by the City Council and recorded in its minutes being incorporated
by reference, is adopted.
SECTION 2. That upon the passage of this ordinance certain sums of money from all sources
of City revenues, as described in the Budget, shall be and they are appropriated to cover the
sums for expenditures and investments as provided for each of the several funds in the
attachment to the City Manager's Message (entitled City of Corpus Christi Summary of
Expenditures FY 2004-2005) of the Budget of the City, as modified by the City Council.
Notwithstanding any other provision to the contrary, the City Manager is authorized to make
transfers within departments, divisions, purposes, or funds, provided it is in accordance with
applicable law.
SECTION 3. Police Officer Positions
The number of positions budgeted for each police officer classification in the Police Department
shall be:
Police officer and senior police officer - 388*
Lieutenant - 36
Captain - 15
Commander - 6
FIRST READING VERSION
Assistant Chief - 2 **
Chief- 1
FY04-05 TOTAL 448
* These positions are interchangeable. Any police officer may become a senior police
officer after 30 months' service by passing a pass/fail exam. This number may be
temporarily increased by graduates from a police academy authorized by the City
Manager, which tereporary increase shall be reduced to authorized strength through
attrition. As the number of captain and assistant chief positions is reduced as provided
below, one permanently budgeted police officer/senior police officer position is
simultaneously added as each captain or assistant chief position is so reduced.
** The number of assistant chief positions is reduced to one effective upon a vacancy in
an assistant chief position occurring for any reason, including but not limited to
termination, retirement, or demotion.
SECTION 4. Firefiohter Position
The number of posi'dons budgeted for each flrefighter classification in the Fire
Depa~b,ent shall be:
Firefighter - 134'
Firefighter II - 167
Fire Captain - 78
District Fire Chief- 10
Assistant Fire Chief - 4
First Assistant Fire Chief - 1
Fire Chief- 1
FY04-05 TOTAL 395
*This number may be temporarily increased by graduates from a fire academy
au~orized by the City Manager, which temporary increase shall be reduced to
authorized strength through attrFdon.
SECTION 5. That upon final passage of this budget ordinance, a true certified copy of
this same ordinance shall be t~ansmitted by the City Manager to the County Clerk of
Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code.
The budget shall also be part of the archives of the City.
SECTION 6. 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 in this ordinance be given full force and effect for its purpose.
That the foregoing ordinance was read for the flint time and passed to its second
reading on this the I~) Day of ~1~-~ ,2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero ('~f
Melody Cooper ~ ,,
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola (~ ~(,,~.~
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ Day ol~
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED this the
Al-rEST:
2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ Day of
Armando Chapa
City Secretary
APPROVED: July2, 2004
Lisa Aguilar
Assistant C~Attomey
for City Attomey
Samuel L. Neal, Jr.
Mayor
38
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 27. 2004
AGENDA ITEM:
A. Motion s~ng August 31, 2004 as the dat~ of ll~ adoption of the ad valor~n tax rate of $0.634175 l~r
$100 valuation.
B. McOon seRing a public heatmg on the ad valorem tax rate for August 17, 2004 dming tbe regular City
C, otm~ m~dng b~'nning at 10:00 ~,m at City Hall, 1201 Leopard Str~g Corpus Christi, T~am.
ISSUE:
The Sram lh~xax-y Tax Code r~m~ that a publi~ bearing be held when a m-Xmg umt propose~ to imtx~ a tax ra~ ~at
exc_~l_ s tl~ low~ oftbe rollback taxmte o~ 103 ~of~ve~. ~~2~2~5 Ci~
b~ ~ f~ ~ ~g f~ ~fi~ m Ci~ ~ ~ J~ 13, 2~ ~l,~ a ~ ~ of$0.~175 ~
$1~ v~,,~ ~ ~ ~ s~ ~ ~ ~ pd~ ~_ Ci~ ~ ~ ~ ~t~ ~ J~ 27, 2~ ~ ~
a~t ~ ~ ~ ~ ~ r~g~ ~ ~~~ ~ ~.634175
~$1ffi v~mfi~ ~ ~ ~roB ~vM fi~ ~N~ ~ App~ ~m J~,2~ ~
~ ~ m pr~ v~ of 7.73%. ~ a ~t of ~ ~ ~ M v~ ~ ~ ~ ~ 103 ~t of
~ e~e ~ ~, ~m ~g a ~b~ ~g
The subminaion of the 2004 C~tified Appraisal Roll ~ ~ ~atM ~ ~ Ci~ ~ ~ ~ J~ 27, 2~ C~
~ ~g A~, ~ ~b~ of ~ 20~ ~ ~ ~, ~b~ng ~ eff~c ~ ~, ~
~ m ~ C~-T~ ~ S~, Au~ 1, 2~.
REQUII~D COUNCIL AL-I'ION:
Approval of the morons to sd~edule dale~ for tbe adoption of the City's ad valorem tax rate and s publi~ heasiag.
COUNCIL ACTION:
· Tuesday, July 27, 2004 - City Cooncil is schcxiuled to discuss and voCe on tbe second reading for adoplion of
tbe City budge~ fo~ FY 2004-2005 based on the tax rat~ of $0.634175 p~r $100 vah,afion, as ame~led.
FUTURE COUNCIL ACTION:
· Tueaday, August 17, 2004 - City Coancil will canduct a public hearing on lt~ ad val~nraa tax hire-
· Tueaday, August 31, 2004 - City Council will adopt th~ ad valor~a tax rate of $0.634175 pex $100
valuation_
CONCLUSION AND RECOMMENDATION:
Staffrecotmm~d~ that t[~ motion sdaechding August 17, 2004, for thc public hearing and August 31, 2004 for
ack~ption of the ad valo~:m tax rate be approved_
Director of Financial S~-vi~s
BACKGROUND INFORMATION
The State Property Tax Code requires that a public hearing be held when a taxing unit proposes to
impose a tax rate that exceeds the lower of the rollback tax rate or 103 percent of the ~ff~edve tax
rate. The effecfve tax rate is generally equal to the prior year's taxes divided by the current year's
taxable values of properties that were also on the tax roll in the prior year.
The rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start rollback
procedures. The rollback tax rate divides the overall property taxes into two categories -
maintenance and operations (M&O) taxes and debt service taxes. The M&O portion of the tax rule is
the rate that would be needed to raise eight percent more operating funds than the unit levied in the
preceding year. This calculation is similm- to the effective tax rate calculation. The debt ixz'fion is the
tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the
calculation does not depend on the prior year's debt taxes. It only considers what the entity will ~
for the current year The portion of the overall rate used to retire debt may rise as high as necessat3,
without triggering a potential rollback. The M&O portion, however, may rise only eight percent.
The fiscal year 2004-2005 City budget includes a proposed tax rate of $0.644175 per $100 vab ration,
with an amendment to proposed budget being presented before second reading on July 27, 2004,
requesting the tax rate be reduced by one cent to $0.634175 per $100 valuation. The certified tax
roll received fi-om the Nueces County Appraisal District on July 22, 2004 reflects an increase in
property values of 7.73%. As a result of this growth, the ad valorem tax rate will excoed 103 percent
of the effective tax rate, thus requiring a public hearing.
39
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 27, 20~4
AGENDA ITEM: Resolution Authorizing Increased and New Park and Recreation Madna Fees
for Fiscal Year 2004-05; Providing Effective Date; and Providing for Severance.
ISSUE: The Park and Recreation Department annually updates fees and provides a copy to the
City Manager annually for approval. The fees must bear a reasonable relation to current rental
fees charged for use of similar commercial facilities so as to neither be excessive or grossly
deficient by comparison.
REQUIRED COUNCIL ACTION: The City Council is to be provided a copy of the Schedule of
Proposed Fees and Charges and must authorize any new fees (Exhibit A) or increases to current
fees of more than twenty-five (25) percent (Exhibit B).
PREVIOUS COUNCIL ACTION: The City Council wes provided a copy of the previous
Schedule of Proposed Fees and Charges for Fiscal Year 2003-2004. The Council also passed
a resolution that approved the new fees and fee increases greater than 25%.
FUNDING: Not applicable.
CONCLUSION AND RECOMMENDATION: Staff recommends City Council apl:~'ove the
submitted Schedule of Proposed Fees and Charges fo~ Fiscal Year 2004-2005.
Attachments:
Interim Director of Park and Recreation
Background Information
Resolution
Exhibit A- New Madna Fees
Exhibit B- Increased Madna Fees
BACKGROUND INFORMATION
The Park and Recreation Department, with the assistance of the Engineadng and Management and Budget
Departments developed a proposed plan for the construction of new boat slips on the People Street T-Head.
The monthly slip refdal fee increases listed as part of this agenda packel f~ the Pleasure Craft end
Commerdal Croft am being recommended to pay for the construction of the recommended new boat slips on
the People Street T-Head.
The proposed development of the People Street T-Head has six (6) different construction components
(see attached diagram) with project costs for each component as listed below:.
PROJECT Cumulative
PHASE8 MA,RJNA COMPONENT COSTS Total
I Doc~ E, Commercial & Boater $1,882,000 $1,882,000
Facility
II Dock F $600,000 $2,682,000
III Dock G $650,000 $3,532,000
IV D<x~ H $700,000 $4,232,000
V Peoples Street Pier $726,000 $4,958,000
VI Seafood Market $1,425,000 $6,383,000
OVERALL PROJECT COST $6,383,000
PHASES I-VI
If the City completed ptmse I - VI of the marina components listed above, the total cost estimate would
be $6,383.000. We detemflned that If we wanted to complete the project in different phases based on
the above ast~matas, the following boat slips would be constructed:
ESTIMATED PROJECT COSTS (Phases I-II1:118 Boat Slips)
$3,532,000
ESTIMATED PROJECT COSTS (Phases I-IV: 172 Boat Slips) $4,232,000
ESTIMATED PROJECT COSTS (Phases I-VI: 202 Boat Slips) $6,383,000
The Annual D~bt ~ based on the project cost would be:
ANNUAL
DEBT
SERVICE CO's *
$85,0OO $1,000,000
$166,000 $2,000,000
$248,000 $3,000,000
$283,658 $3,500,000
$364,703 $4,5O0,000
$410,000 $5,000,000
15 years ~ 5%
*Certificatea of Obligation
While considering the co~t estimates for the project, staff also considered the Start-up Annual Cost for
the new Marina components. We determined that an additional esflrnatecl cost of $110,000 would be
needed I~or addlflonaJ staffing, lighting, garbage, utilities, boater facility rnaimenance and olher costs.
On July 14, 2004 staff submitted the following recommendation lo the Water/Shore Advisory Committee
lo consl]'uct Phase I-Ill with an additional 118 boat slips based on the revenue projections listed below:
STAFF RECOMMENDATION
~PHASES I;11;111 :REVENUE PROJEC'I10~
PROPOSAL. ~ Current Proposed Currant New Projected
FOR
2004-20O5
Sunfish/Board
Boat~
Sunfish/Board
Boats
"R" PlerfDock
(OLd)
Commercial
% Rate p/monfl~ Rate Revenue Reven~le Revenue
Increase p/yr
0% $t8.00 Same $3,456 $0 $3,456
0% $14.05 top Same $2,6~8 S0 $2,688
8.50% $3.70 $4.00 $152,558 $12,370 $164,928
35.07% $4.~5 ~6.55 $t09, t24 $35, t93 $147,3t7
Potential 100%
$274
The Water/Shore Advisory Commiflee recommends the construction of Phase I-IV with an additiorml 172
boat slips based on Revenue Projections listed below:.
~PHASES: I; II; III; IV REVENUE PROJECllON~
PROPOSAL Proposed Currant Proposed Current New Project~l
FOR % Rate Rate Revenue Revenue Revenue
2004-2005 Increase p/monfl~ p/yr
Sunfish/Board 0% $18.00 Same ~,4,,~ $0 $3,456
Boats bottom
Sunfish/Board 0% $14.05 Same $2,68~ $0 $2,68~
Boats top
"R" Pier/Dock 8.50% $3.70 $4.00 $152,55~ $12,370 $164,928
(OLD)
Commercial 35.00% $4.85 $6.55 $109,124 $35,193 $147,317
$1,807,976~
The Water/Shore Advison/Committee recommendation of Phase I through IV Is estimated to cost
$4,232,000 with a slip rental fee increase for Commercial Boats of 35% and Recreational Boat increase
of 50%
Stall recommends the construction of Phase I through III with an e~mated cost of $3,532,000 and a slip
rentaJ fee increase for Cornrnerc~al Boats of :35% and Recmaflorml Boats of 35% for the following
A) The increase would allow the City to construct an additional 118 boat slips;
B) The increase would allow the City to construct the new boat slips in phases;
C) The City would be able to see if the boat slips are leased before moving to the next phase.
Accc.~cling to the Code of Ordinances, Section 38-3, Rental Rates and Section 36-7 Reo3afion Fees and
Charges: the Park and Recreation Director shall prepema schedule of rental mtas for the use of facilities to
include but not be limited to pavilions, shelters, pionic tables, swimming pools, recreation centers, athletic
fields, Multicultuml Center and the Cole Park Amphitheater. This schedule shall be submitted to the city
manager fo~ approval, and shall be reviewed on an annual basis. Such rates shall bear a reasonabta relation
to current rental rates cha~ed for use of similar commercial facilities so as to neither be excessive or grossly
ddrmlen~ by comparison; provided however, all suct~ rates, except athletic field rental rates shall not increase
annually by mom than twenty-five (25) per cent and rates for organized youth activities shall not exceed a
level which would recover forty (40) per cent of the estimated cost nor' shall new fees be created, wffi'mut Cllv
coundl's approval by motion or resolution, The approved schedule shall be filed with the City Secmta~/and
copies shall be provided to the City Council. Specific rates, however, may be adjusted at any time, and the
Park and Recreation Director shall have the authority to negotiate special rates for special situations.
LOCATION MAP
NOT TO SCALE
CORPUS CHRISTI MA~INA-
~4RINA DEVELOPMENT
CITY OF CORPUS CHRIST, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF £NGINf}3~ING SERWCES
PAGE: I of 1
DATE: 07-23-2004
RESOLUTION
AUTHORIZING INCREASED AND NEW PARK AND RECREATION
MARINA FEES FOR FISCAL YEAR 2004-05; PROVIDING EFFECTIVE
DATE; AND PROVIDING FOR SEVERANCE
WHEREAS, Section 36-3 of the City Code provides that the parks and recreation director
shall prepare a schedule of rental rates for the use of park and recreation facilities to be
reviewed and approved annually by the city manager,
WHEREAS, Section 36-7 of the City Code provides that the parks and recreation director
shall prepare a list of recreation fees and charges for the public use of tennis courts,
swimming pools, recreation centers, athletic fields and other city-owned facilities, to be
reviewed and approved annually by the city manager,
WHEREAS, Section 36-3 of the City Code requires City Council approval by motion or
resolution of any rental rates that increase by more than 25 percent and for any new rental
fees created; and Section 36-7 of the City Code requires City Council approval by motion
or resolution of any recreation fees that increase by more than 25 percent and for any new
recreational fees created;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council approves the new madna fees, as shown in Exhibit A
attached, for Fiscal Year 2004-05.
SECTION 2. The City Council approves increased madna rates, as shown in Exhibit B
attached, for Fiscal Year 2004-05.
SECTION 3. This resolLrtion becomes effective August 1,2004.
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word
or provision of this resolution 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 resolution, for it is the definite intent of the City
Council that every section, paragraph, subdivision, phrase, v~3rd and provision hereof shall
be given full force and effect for its purpose.
INTRODUCED AND PASSED by the City Council of the City of Corpus Chdsti, Texas, on
the day of July, 2004.
ATTEST: CITY OF CORPUS CHRISTI
ArTnando Chapa
City Secretary
APPROVED: July 21, 2004
for City Attorney
Samuel L Neal, Jr.
Mayor
Corpus Chdsti, Texas
day 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. KJnnison
Jesse Noyola
Mark Scott
Exhibit A
Park and Recreation
Schedule of Proposed New Fees
MARINA
Monthly Slip Rentals:
Pleasure craft - "R" pier *
Registered YoutJ~ Sailing Programs *
Haul OutJhold in slings/Launch (max I hr)**
PROPOSED RATE
FY04-05
$4.00/linear ft
$3.70/linear ff..
$150 /maxi hour
* New Tiered Charges
** Replaces Haul outJhok:l I~ sangs (maximum Ihree hours lee of $250)
Exhibit B
Park and Recreation
Schedule of Proposed Fees Increasing More Than 25%
CURRENT RATE
PROPOSED R~TE
MARINA
Monthly Slip Rentals:
Pleasure craft
Commercial ~aff
FY03..04
$3.70 flinear f.
$4.85 ,qinear ff.
$56.55/month
$25/night
$25 or 0.50 /foot
$15 or .50 /foot**
$90 or $3 /foot'*
Dry Hard Stand Storage Rental:
Conb'act Lease
Rates for Unauthorized Craft:
Rates for Transient Craft:
Commerdal Craft (per night or per It.)
Pleasure Craft
Overnight
WeakJy*
Utility Reoovery Fee:
Daily
30 Amp Dual 30/50 Amp
$2 $4
Mast Storage Fee
$20 /monlh
FY04-05
$5.00/linear It.
$655 /linear I~.
$76.35 /month
$50/night
$25 or 1.00 /foot
$20.25 or $0.68 /foot**
$121.50 or $4.05 /foot**
30 Amp Dual 30/50 AmD
$3 $6
$10/day
40
City of
Corpus
Christi
Corpus Christi
2003
TO:
THROUGH:
FROM:
DATE:
Mayor and Council
George K. Nee, City Manager~
Margie C. Rose, Assistant City Manager
July 22, 2004
SUBJECT: Proposed Vacant Building Ordinance
Dudng the June 15, 2004 Council IVleeting you extended the due date to submit a
Vacant Building Ordinance until July 27, 2004.
Since the June 15, 2004 Council Meeting, staff met with several organizations on June
15, 2004, June 21, 2004, July 12. 2004 and July 21, 2004. While the process has been
very productive and meaningful, we need to complete one section of the Ordinance
before submitting the final draft.
In discussing this issue with the organizations, we believe that a draft should be able to
be placed on the August 17, 204 Council Agenda for consideration.
This memorandum serves as a request to extend the due date of July 27, 2004 to the
August 17, 2004 Council Meeting. Your consideration of this request is appreciated.
If you should have any further questions, feel free to contact the City Manager or me.
City of
Corpus
Christi
Corpus Christi
2O03
TO:
THROUGH:
FROM:
DATE:
Mayorand Coundl
George K. Nee, City Manager T'~
Margie C. Rose, Assistant Ci~Manager ~
June 9,2004
SUBJECT: Proposed Vacant Building Ordinance
During the May 25, 2004 Council Meeting, you requested that staff n'~et with several
organizations interested in sharing their concerns related to U'~ above referenced
Ordinance. Additionally, you requested that the Proposed Ordinance bo placed on the
June 15, 2004 Council Agenda for further consideration.
Slaff met with representatives of the Downtown Management District, and Board of
Realtors on Monday, June 7, 2004. Another meeting is scheduled for Monday, June 21,
2004. We anticipate several more meetings before a final draft is developed.
We recommend the due date of June 15, 2004 be extended until no later than the July
27, 2004 Council Meeting. Staff believes that the additional time will allow both the
organizations and staff time to develop an ordinance that can be unanimously
recommended to you.
Your consideration of this request is appreciated.
If you should have any further questions, feel free to contact the City Manager, or me.
CI'FY COUNCIL
AGENDA MEMORANDUM
Date: May 25, 2004
AGENDAITEM:
An ordinance enacting Article III of Chapter 13 of the Code of Ordinances to
establish an identification, registration, and enforcement process related to vacant
buildings and structures.
ISSUE: Vacant properties are an attraction to vagrants, gang members, and other
criminals that propose a threat to the public health, safety, and welfare of the City.
PRIOR COUNCIL ACTION: On Apdl 13, 2004, staff provided City Council with a
presentation regarding the proposed vacant building ordinance.
REQUIRED COUNCIL ACTION: City Council action is required for the authorization and
implementation of an ordinance, Article III Section 13.
FUTURE COUNCIL ACTION: Second reading and final adoption of the vacant buildings
and structures ordinance.
FUNDING: No funding requirements.
RECOMMENDATION: Staff recommends the approval and adoption of the vacant
buildings and structures ordinance.
¢~,0t,; Jonathan Wagner, NSD Acting Director
ADDITIONAL SUPPORT MATERIAL
Background Information
BACKGROUNDINFORMATION
The goals of the proposed ordinance are 1) to establish a program for identification and
registration of vacant buildings, 2) determine the responsibilities of owners of vacant
building and structures, and 3) provide for administration, enforcement, and penalties.
The first goal will require the owner to register the vacant building or structure with the City
within 30 days after the vacant building or structure becomes vacant. The City will require
a registration requesting basic information. This will allow the owner to present a plan and
timetable for returning the building or structure to an appropriate use or demolition of the
vacant building or structure. If ownership of the building or structure is transferred, the new
owner is required to register or re-register the building or structure within 30 days of the
date of transfer.
The second goal of the ordinance will require the owner to clean the vacant building or
structure and to secure or board up in accordance with the "board up" specifications of the
ordinance. If the board up fails to keep the building or structure secure, the owner must
install a fence around the building or structure. If boarding, fencing, using electronic
monitoring systems, or other methods fail to secure the building or structure, the owner
must have a watchman on duty at certain times dudng the day until the building is either
legally occupied or demolished. The City may assess a re-inspection fee of $100 against
the owner for each re-inspection for continuous monitoring to ensure compliance. The City
Council will receive a list of current and previous vacant buildings or structures every six
months.
The third goal will allow the City, if a violation is found, to serve the owner with written
notice and an order to abate. The owner may be allowed up to 60 calendar days to abate.
If the owner fails to abate, the City may, without further notice, abate the violation, and the
owner becomes liable for any costs incurred by the City, including administrative expenses,
materials, and labor. If the owner fails to pay when invoiced, the City will file a lien on the
property for expenses incurred. The owner may appeal any decision to the Building
Standards Board. A violation of the ordinance is punishable by a fine up to $2,000, and
any person convicted of a subsequent violation of the ordinance may be fined not less than
$500 nor more than $2,000.
There are some exemptions in the ordinance. A building or structure that suffers fire
damage is exempt from the registration requirement for a period of 90 days after a fire, if
the owner submits a request for an exemption in wdting to the City and provides the
required pertinent information.
AN ORDINANCE
ENACTING ARTICLE III OF CHAPTER 13 OF THE CODE OF
ORDINANCES TO ESTABLISH AN IDENTIFICATION, REGISTRATION,
AND ENFORCEMENT PROCESS RELATED TO VACANT BUILDINGS
AND sTRUCTURES; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Article Ill of Chapter 13 of the Code of Ordinances, containing sections
13-2001 to 13-2100 is enacted to read as follows:
"ARTICLE III. VACANT BUILDINGS AND STRUCTURES
"Sec. 13.2001. Declaration of policy.
"(a) The City Council finds and declares that:
"(1) Buildings and structures that are vacant and unsecured or boarded attract
vagrants, gang members, and other criminals as prime locations to conduct
illegal criminal activities.
"(2) Buildings and structures that are vacant and not propedy secured are
extremely vulnerable to being set on fire by unauthorized persons.
"(3) Buildings and structures that are vacant and unsecured or bearded are a
blight and cause deterioration and instability in neighborhoods.
"(4) Buildings and structures that are vacant and unsecured or boarded pose
serious threats to the public's health and safety, and therefore are declared to be
public nuisances.
"(5) Immediate abatement and rehabilitation of vacant buildings and structures is
necessary.
"(b) The purpose of this article is to protect the public health, safety, and welfare of the
City.
"(c) This article:
"(1) Establishes a program for identification and registration of vacant buildings.
"(2) Determines the responsibilities of owners of vacant buildings and structures.
"(3) Provides for administration, enforcement, and penalties.
Vacant Bldg O~1 Final 051804.doc
'Sec. 13-2002. Definitions.
'Unless otherwise expressly stated, the following words, terms, and phrases, when
used in this article, have the meanings ascribed to them in this section, unless the
context of their usage clearly indicates a different meaning:
~Administrator means the City's Zoning and Code Enforcement Administrator, or
the Director's designees.
'Building means a structure, whether portable or fixed, with extedor walls for
firewalls, and a roof built, erected, or framed of materials to form sheller for
persons, animals, or properly_
'Dangerous structure means a structure which is potentially hazardous to
persons or property, including, but not limited to:
"a, A structure that is in danger of partial or complete collapse.
"b. A structure with any extedor parts that are loose or in danger of falling.
"c. A structure with any parts, such as floors, porches, railings, stairs,
ramps, balconies or roofs, which are accessible and which are either
collapsed, in danger of collapsing, or unable to support the weight of
normally imposed loads.
'Owner means the owner or owners of record in the county where the real
property is situated, anyone identified as the owner or owners on a vacant
building registration form, the holder of an unrecorded contract for deed, a
mortgagee or vendee in possession, a mortgagor or vendor in possession,
assignee of rents, receiver, executor, trustee, lessee, other person in control of
the premises or a portion of the premises. Any person who is included in this
definition as an owner has joint and several obligation for compliance with the
provisions of this article.
~Secured by normal means means the use of structural components of a building
or structure, including fixtures, such as doors, windows, locks, latches, electronic
security systems, storm shutters, security shutters, and grills or bars installed at
window openings that were installed while the building or structure was
constructed or added to the building or structure while the building was occupied
and being used for lawful purposes.
"Secured by other than normal means means a building or structure secured by
means other than those used in the design of a building or structure or that are
normally installed and utilized while a building or structure is occupied and being
used for lawful purposes, and includes boarding.
Vacant BUg Ord Final 051~04.doc 2
"Structure means materials assembled at a fixed location to give support or
shelter such as a building, framework, retaining wall, tent, reviewing stand,
platform, bin, fence, sign, flagpole, or mast for an antenna, or the like.
"Unoccupied means a building or structure that is not being used for a legal
occupancy authorized by the Certificate of Occupancy issued by the City's
Building Official.
'Unsecured means a building, structure, or portion of a building or structure that
is open to entry by unauthorized persons without the use of tools or ladders.
'Vacant building or structure means a building, structure, or portion of a building
or structure that is any of the following:
"a. Unoccupied and unsecured.
"b. Unoccupied and secured by other than normal means.
"c. Unoccupied and a dangerous structure.
"d. Unoccupied and condemned.
"e. Occupied by unauthorized persons and unsecured.
~. Occupied by unauthorized persons and secured by other than normal
means.
"g. Unoccupied and has had two or more property maintenance code
violations within the previous twelve month pealed.
"h_ Condemned and illegally occupied.
'i. Unoccupied for a period of time over three hundred sixty-five (365)
days, and dudng which time the Administrator has issued an order to
correct any nuisance condition.
"Sec. 13-2003. Exception for property secured vacant buildings.
"(a) This article does not apply to an unoccupied building or structure, or a portion of a
building or structure, that is:
"(1) Not a vacant building, as defined in Section 13-2002.
"(2) Secured by normal means.
"(3) Being offered for sale or rent by the owner or property manager.
"(b) This article does not apply to an unoccupied building or structure, or a portion of a
building or structure, that is:
Vacant Bldg 0~1 Final 051804.doc 3
"(1) Not a vacant building, as defined in Section 13-2002.
"(2) Secured by normal means.
"(3) Being converted to another use authorized by its certificate of occupancy.
"(c) This article does not apply to an unoccupied building or structure, or a portion of a
building or structure, that is:
"(1) Not a vacant building, as defined in Section 13-2002.
"(2) Secured by normal means.
"(3) Being modified or altered for another occupancy classification.
"sec. 13-2004. Enforcement authority.
"(a) The Administrator administers tiffs article.
"(b) The Administrator, the Administrator's designees, and other Cede Enforcement
Officials are authorized to enforce the provisions of this article.
"(c) The Administrator witl keep a file on all vacant buildings and structures in the City.
The file may include any property-specific written statements from community
organizations, other interested parties or citizens regarding the history, problems,
status, or blighting influence of the vacant building or structure.
"Sec. 13-2005. Vacant building or structure regis~ation.
"(a) The owner shall register with the Administrator not later than thirty (30) days after
any building or struc~re in the City becomes a vacant building or structure.
"(b) The vacant building or structure registration must be submitted on forms provided
by the Administrator and include the following information supplied by the owner:
"(1) A description of the premises.
"(2) The names and addresses of the owner or owners.
"(3) The names and addresses of all known lien-holders and all other parties
with an ownership interest in the building or structure.
"(4) The period of time the building or structure is expected to remain vacant.
"(5) A plan and timetable for returning the building or structure to lawful
occupancy and use, rehabilitation, maintenance of the building or structure for
investment purposes, or for demolition of the vacant building or structure.
Vacant Bldg Ord Final 051804.doc
4
"(6) Identify the factors that cause the building or structure to remain vacant, if
the owner plans to leave the building vacant for a period longer than one year.
"(7) A plan for regular maintenance during the pedod of vacancy, including
measures to prevent trespassers.
"(8) Any additional information required by the Administrator.
"(c) The owner shall notify the Administrator of any changes in information supplied as
part of the vacant building or structure registration within thirty (30) days of the change.
If the plan or timetable for the vacant building or structure is revised in any way, the
revisions must be approved by the Administrator.
"(d) The new owner shall register or re-register the vacant building or structure with the
Administrator within thirty (30) days of any transfer of an ownership interest in a vacant
building or structure. The new owner shall comply with the approved plan and timetable
submitted by the previous owner until any proposed changes are submitted to and
approved by the Administrator.
"Sec. 13-2006. Vacant building or sb'uctum registration fees.
"(a) The owner of a vacant building or structure shall pay an annual vacant building or
structure registration fee of three hundred sixty dollars ($360.00) for the period the
building or structure remains a vacant building or structure. The fee must be reasonably
related to the administrative costs for registering and processing the vacant building or
structure owner registration form and for the costs of the City in monitoring the vacant
building or structure s~te.
"(b) The owner of a building or structure, which is a vacant building or structure on the
first day of October, shall pay the annual vacant building or structure registration fee for
any building er structure not later than the last business day in October. The failure to
pay the annual fee by the last business day in October is a violation of this article.
"(c) The owner of a building or structure, which becomes a vacant building or structure,
shall pay the first annual vacant building or structure registration fee must be paid not
later than thirty (30) days after the building or structure becomes vacant. The first
annual vacant building or structure fee shall be prorated by the number of months or
portion of months that the building or structure was classified as a vacant building or
structure. The failure to pay the annual fee within the thirty (30) day period is a violation
of this article.
"(d) The annual vacant building or structure registration fee must be paid in full prior to
the issuance of any building permits, with the exception of a demolition permit.
"(e) All delinquent annual vacant building or structure registration fees must be paid by
the owner prior to any transfer of an ownership interest in any vacant building or
structure_ If the annual vacant building or structure registration fees are not paid prior to
any transfer, the new owner shall pay the annual vacant building or structure
Vacant Bldg On:[ Final 051804.doc 5
registration fee no later than thirty (30) days after the transfer of ownership and
subsequent annual vacant building or structure registration fees must be due on the
new anniversary date.
"(f) The owner of a vacant building or structure, who is required to submit a change or
amendment to the vacant building or structure registration, including a vacant building
or structure plan and timetable, shall pay a fee for the amendment that is equal to one
half of the annual vacant building or structure registration fee each time a change or
amendment is submitted to the Administrator.
"Sec. 13-2007. Vacant building or structure plan and timetable.
"(a) The owner shall 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.
'(4) Measures that will be taken to ensure that a vacant building or structure,
which is being retained for investment purposes, does not adversely effect the
property values of adjacent properly.
"(b) The plan and timetable must be submitted with the vacant building or structure
registration form.
'(c) The vacant building or structure plan and timetable must address the measures the
owner will employ to secure the building or structure to prevent access by trespassers.
One of the following methods must be used to secure the building or structure:
"(1) Installation and maintenance of adequate windows and doors
'(2) Installation and maintenance of securffy shutters, grills, and bars_
'(3) Installation and maintenance of adequate locks for windows and doors.
'(4) Installation, operation, and monitoring of an electronic security system,
which monitors all doors and windows, and includes glass breakage sensors,
and a method of responding to alarms from the electronic security system, other
than reliance on the City's Police Department.
'(5) Installation of boards on windows and doors.
'(6) installation of security fencing.
"(7) Employment of watchmen, who is a licensed peace officer, public secudty
officer, commissioned security officer, or non-commissioned security officer.
Vacan[ Bldg Ord Final 051804.doc 6
"(8) Any other method approved by the Administrator.
"(d) The vacant building or structure plan and timetable must address locations of the
waming signs required by Sections 13-2010(b) and 13-2012(b)_
"(e) The plan and timetable submitted by the owner must be approved by the
Administrator.
"(f) The Administrator may require completion of any modifications or alterations to the
building or structure that are required to secure the building or structure within a
reasonable period of time, up to three hundred sixty-five (365) days.
"(g) Any repairs, improvements, or alterations to the property must comply with any
applicable City of Corpus Christi technical construction codes.
"(h) All other applicable laws and codes must be complied with by the owner.
"Sec. 13-2008. Duty to clean vacant building or structure.
"(a) The owner of any vacant building or structure shall remove any waste, rubbish, or
debds from the intedor of the stnJcture.
"(b) The owner of any vacant building or structure shall remove any waste, rubbish,
debris, or excessive vegetation from the yards surrounding the vacant structure.
"(c) The owner shall keep the premises properly maintained until the rehabilitation or
demolition has been completed.
"(d) Failure of the owner to maintain the premises that result in a summary abatement
completed by the City is grounds for revocation of the approved vacant building or
structure plan and timetable, and the owner is subject to any applicable penalties.
"Sec. 13-2009. Duty to secure or board vacant building or structure.
"(a) The owner of any vacant building or structure shall lock, barricade, or secure all
doors, windows, and other openings to the vacant building or structure_
"(b) The owner shall keep the building or structure secured and safe and the premises
properly maintained until the rehabilitation or demolition has been completed.
"(c) Failure of the owner to maintain the building or structure that result in a summary
abatement completed by the City is grounds for revocation of the approved vacant
building or structure plan and timetable, and the owner is subject to any applicable
penalties.
"Sec. 13-2010. Standards for boarding a vacant structure.
"(a) Except as provided in subsection (c) of this section, the owner shall board a vacant
building or structure under the following specifications and requirements:
Vacant BIdg On:l Final 051804.doc 7
"(1) All unsecured doorways, windows, or exterior openings must be barricaded
with minimum 1/2 inch thickness extedor grade plywood that extends to the
molding stops or studs.
"(2) At least two wood stocks of minimum 2 inch by 4 inch thickness must be
mounted to the reveme face of the plywood with minimum 3/8 inch carriage bolts
mated with nuts and two flat washers.
"(3) The stock must extend a minimum of eight (8) inches on each side of the
intedor wall.
"(4) All hardware must be stainless steel or galvanized or cadmium plated.
"(5) All extedor barricade matedal must be painted the predominant color of the
structure, or a color approved by the Administrator.
"(b) The owner of a bearded vacant building or structure shall post the premises.
"(1) One or more signs must be posted at or near each entrance to the building
or structure and on fences or walls, as appropriate.
"(2) The signs must remain posted until the structure is either lawfully occupied
or demolished.
"(3) The signs must contain the following information:
"DO NOT ENTER
It is a misdemeanor to enter or occupy this building or
premises or to remove or deface this notice.
Trespassers will be prosecuted."
"(c) Instead of boarding a structure in the manner specified in by subsection (a) of this
section, the Administrator may allow the owner to secure the vacant building or
structure in a manner in which the Administrator determines adequately prevents
unauthorized entry or vandalism.
"Sec. 13-2011. Painting exterior wood panels on boarded-up building or
structures.
'~/Vhen an owner boards up a building or structure within the City, the owner shall apply
at least one coat of extedor paint to the extedor wood panels installed on all openings,
windows or doom. The coat of extedor paint must be the predominant color of the
building or structure or a color approved by the Administrator.
Vacant B[dg Ord Final 051804.doc 8
"Sec. 13-2012. Instelllng fence around the perimeter of building or structures.
"(a) If the boarding of a vacant building or structure fails to keep the building or
structure property secured, the owner shall install a minimum eight-foot high chain link
fence around the perimeter of the building or structure.
"(b) The owner of a fenced vacant building or structure shall post the premises.
i(1) One or more signs must be posted at or near each entrance to the building
or structure and on fences or walls, as appropriate.
'(2) The signs must remain posted until the structure is either lawfully occupied
or demolished.
'(3) The signs must contain the following information:
"DO NOT ENTER
It is a misdemeanor to enter or occupy this building or
premises or to remove or deface this notice.
Trespassers will be prosecuted."
"Sec. 13-2013. Watchman required.
'(a) If boarding, fencing, the use of electronic monitoring systems, or other methods fail
to keep a vacant building or structure secured, the owner shall have a watchman on
duty upon the premises every day continuously between the hours of 4:00 p.m_ and
8:00 a.m., unless the building has been secured by methods approved by the
Administrator.
"(b) The watchman must remain on duty daily dudng the required hours until such
building is either legally occupied or demolished.
"Sec. 13-2014. Removing or repairing other sl~'uctures.
=An owner shall promptly remove or repair any structure or s~gn that is in a condition of
decay or partial ruin by reason of neglect, misuse, or deterioration.
~Sec. 13-2015. Exemptions.
"(a) A building or structure that has suffered fire damage is exempt from the vacant
building or structure registration requirement for a period of ninety (90) days after the
date of the tire, if the property owner submits a request for exemption in writing to the
Administrator.
"(b) The request for an exemption must include the following information supplied by
the owner:
"(1) A description of the premises.
Vacant Bklg Ord Final 051804.doc 9
"(2) The names and address of the owner or owners.
'(3) A statement of intent to repair and reoccupy or demolish the building or
structure in an expedient manner.
"Sec. 13-2016. Entry or interference with notice prohibited.
"(a) No person may enter or occupy any structure or premises that has been posted
under Sections 13-2010(b) or 13-2012(b), except to repair or demolish the structure
under proper permit or for a purpose authorized by the owner.
'(b) No person may remove or deface any notice that has been posted under Section
13-2010(b) or 13-2012(b) until the required repairs or demolition have been completed
or a Certificate of Occupancy has been issued by the Building Official.
"Sec. 13-2017. Inspections.
"(a) The Administrator may inspect any premises in the City for the purpose of
enforcing and ensudng compliance with the provisions of this article.
"(b) Upon the request of the Administrator, an owner shall provide access to all interior
portions of an unoccupied building or structure in order to permit a complete inspection.
"Sec. 13-2018. Reinspecfion fee.
"(a) The Administrator may periodically reinspect vacant structures to ensure
compliance with the provisions of this article.
"(b) The Administrator may assess a reinspectJon fee of one hundred dollars ($100.00)
against the owner for actual costs of each reinspection and continuous monitoring of the
structure and premises as is reasonably necessary to determine compliance with the
standards and procedures in this article.
"Sec. t3-2019. Notification.
"Once every six (6) months the Administrator shall send to the City Council a list of all
vacant building or structures that have become known to the Administrator during the
preceding six (6) months, as well as a list of all previously declared vacant building or
structures that are no longer subject to the previsions of this article.
Sec. 13-2020. Notice and Order to Abate.
"(a) Upon finding a violation of this article, Ihe Administrator shall serve a written Notice
and Order to Abate upon the owner.
"(b) The notice must advise the owner of the violation and comply with the
requirements of Section 54.004, Texas Local Government Code. The notice may give
Vacant Bldg Ord Final 051804,doc 1 0
the owner up to sixty (60) calendar days from the date of the notice to abate the
violation.
"(c) If the owner fails to abate the violation within the pedod stated in the notice, the
City may, without further notice, abate the violation. The owner is liable for the costs
incurred by the City to abate the violation, including any administrative expenses,
material, and labor. If the owner does not reimburse the City for its expenses when
billed, the Administrator shall file a lien on property for the expenses incurred by the
City.
"Sec. 13-2021. Continuous abatement authoriW.
"(a) If a vacant building or structure previously abated by the owner or the Administrator
under a Notice and Order to Abate again becomes unsecured and open to unauthorized
entry within one-year of the Notice and Order to Abate, and the Administrator has not
been informed in writing by the owner of an ownership change, the Administrator may,
without further notice to the owner, proceed to abate the nuisance and recover costs as
provided for in this article.
'(b) If the yards surrounding a vacant structure previously abated by the owner or the
Administrator under a Notice and Order to Abate again contain debris, rubbish, waste,
or excessive vegetation within one-year of the Notice and Order to Abate, and the
Administrator has not been informed in writing by the owner of an ownership change,
the Admin~stTator may, without further notice to the owner, proceed to abate the
nuisance and recover costs as provided for in this article.
"Sec. 13-2022. Abatement cost.
"(a) Abatement costs include the costs to perform the actual work, the costs of
purchasing any needed materials and tools, and the City's cost to administer any
abatement.
"(b) Once the abatement is complete, the Administrator shall recover all abatement
costs under the procedures found in Chapter 214 of the Texas Local Government Code.
"Sec. 13-2023. Continuous public nuisances.
"(a) Any vacant building or structure that was originally secured by the owner's
voluntary actions may be declared a permanent public nuisance by the Administrator if
the structure continues to remain open and unsecured on a periodic basis, and requires
any additional reinspection or resecuring of the vacant building or structure.
"(b) The Administrator may seek demolition of a vacant building or structure that is a
continuous public nuisance by seeking a court order or following any of the
administrative abatement procedures found in this chapter.
"Sec. 13-2024. Appeal of Administrator's decisions and orders. A person may
appeal any decision or order of the Administrator to the Building Standards Board.
Vacant Bldg O~d Final 051804.doc
11
"Sec. 13-2025. Altemative procedures. Nothing in this article may be deemed to
abolish or impair existing authority or remedies of the City.
"Sec. 13-2026. Prohibited acts: It is unlawful to:
"(a) Fail to submit a vacant building or structure registration within the time peded
specified by subsection (a) of Section 13-2005.
"(b) Submit a vacant building or structure registration that does not comply with the
requirements of this article.
"(c) Fail to comply with the vacant building and structure plan and timetable that was
approved by the Administrator.
"Sec. 13-2027. Penalties.
"(a) Any person violating any provision of this article, or providing false information to
the Administrator, may be punished by a fine of not to exceed $2,000.
"(b) Any person convicted of a subsequent violation of this article may be fined not less
than $500 nor more than $2,000.
"(c) Violations of this article are treated as strict liability offenses. There is no need to
prove that the person had an intent to violate this article.
"(d) Violations of this article are violations of a rule, ordinance, or police regulation that
governs fire safety, zoning, or public health and sanitation, including dumping of refuse.
"(e) Each day any violation of this article continues constitutes a separate offense.
"Sec. 13-2028-13-2100. Reserved."
Section 2. A violation of any provision of this ordinance or requirements implemented
under this ordinance constitutes an offense punishable as provided in this ordinance.
Section 3. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, er provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it will not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of the City Council that every section, paragraph, subdivision, phrase, word, and
provision of this Ordinance be given full force and effect for its purpose.
Section 4. Publication of this ordinance is to be made in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus Christi,
Texas.
Vacant Bldg Ord Final 051804.doc 1 2
Corpus Chdsti, Texas
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. Colmenero
Melody Cooper
Henry Garrett
day of
,2004, by the following vote:
Bill Kelly
Rex A. KJnnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr_
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the
A'R'EST:
day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ,2004
Samuel L. Neal, Jr.
Mayor
R. Jay ~ir~g
First A~isthnt City
for the City Attomey
Vacan[ Bldg O~d Final 051804.doc 13
~ ~ -
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 27, 2004
AGENDA ITEM:
1. Motion to amend pdor to Second Reading the ordinance amending the
Comprehensive Plan of the City by amending the South Central Area Development
Plan to include the Bayfront Master Plan, by including in Policy Statement G.3 a
description of Shoreline Boulevard as an artedal street with 4 to 6 travel lanes
between Buford Street and the Bayfront Convention Center.
2. Amending the Comprehensive Plan of the City of Corpus Christi ("The City") by
amending the South Central Area Development Plan to include the Bayfront Master
Plan; amending related elements of the Comprehensive Plan including the Urban
Transportation Plan; providing for severance; and providing for publication.
ISSUE: On July 20, 2004, the City Council approved the Bayfront Master Plan on 1~t
reading and directed staff and the Cit,/s Bayfront Master Plan consultants to revise the
draft plan to include a range of four to six travel lanes for Shoreline Boulevard. The
proposed revisions to Policy Statement G.3 allow the City the flexibility to improve
Shoreline Boulevard from four to six lanes as needed. Please find attached changes
that have been made in legislative style (Attachment A), and a clean copy with all
changes is made part of the attached ordinance.
REQUIRED COUNCIL ACTION: Adopt the Bayfront Master Plan as a component of
the South Central Area Development Plan including accompanying illustrated plan
concepts as an integral part of the Comprehensive Plan to read as shown in Exhibit "A",
which is attached to and incorporated into this ordinance.
PREVIOUS COUNCIL ACTION: Bayfront Master Plan approved on Ist reading on July
20, 2004.
CONCLUSION AND RECOMMENDATION: Staff recommends adoption.
Rona~d F. Mass;;--'~"~
Assistant City Manager
Attachments
BACKGROUNDINFORMATION
The South Central Area Development Plan (SCADP) was amended on February
17, 2004. The amendment included a requirement to provide neighborhood
parks/activities (highest pdodty) and create incentives for promoting development
of new tourist oriented uses along the Bayfront.
As a result of this requirement in the Plan, a design team was contracted in
December 2003 for development of a Bayfront Master Plan. The design team
includes: Gignac & Associates-Raymond Gignac; Sasaki Associates-Alan Ward;
Thompson, Ventulett, Stainback and Associates ('l'VS)-Kevin Gordon; and
Arquitectonica (ARQ)-Bernardo Fort-Brescia.
In February 2004, a Bayfront Questionnaire was put out to solicit input from
interested groups and citizens, and five public meetings were held. A design
charrette was held in March 2004. In April 2004, a presentation of preliminary
concepts/options was presented to the City Council, and three public meetings
were held. From April thru June 2004, six presentations were made to interested
groups on the recommended Option ~1. On June 29, 2004, presentation of the
detailed plan (Option #4) was presented to City Council. During June-July 2004,
fifteen public meetings were held to receive input.
The Bayfront Master Plan was presented for review, comment and endorsement
to the Park and Recreation Advisory Committee, Water Shore Advisory
Committee, and Transportation Advisory Committee. On July 14, 2004, the
Planning Commission conducted a public hearing on the Bayfront Master Plan
and recommended City Council adoption of an amendment to the South Central
Area Development Plan.
ATTACI~[ENT 1
HGURE 7: BAYFRONT MASTER PLAN
FIG~ 8: ZONE "A'
NORTH BA~RO~ PARK
~GU~ 9: ZO~ "B"
SHO~LI~ WA~ONT DR~ ~D ~IG~ORHOOD PA~
FIG~ 10: ZO~ "C'
SO~ BA~O~ MEMO~ P~
FIGURE 11: ZONE "D"
ENHANCED MARINA
The following policy statement and figures implement Policy Statement E.I in the
Public Services Section and should be added to the Plan Implementation Section
as follows:
BAYFRONT MASTER PLAN
POLICY STATEMENT G.3
The City, after conducting a communitywide planning process, determined the
most acceptable manner in which to create a Bayfront park is by realigning
Shoreline Boulevard and the available public space to provido -~ varioty of par',llol
park sot'tings along Shorollno Beulovard as illustrated on Figures 7 thru 11,
Bayfl'ont Master Park Concept Plans. The Bayfront Master Plan, an amendment to
the South Central Area Development Plan (SCADP), is consistent with the adopted plan
policies which state that the highest priority are activities that benefit citizens and take
advantage of the Bayfront's unique natural amenities, including wind, water, and
climate. The SCADP also recommends that the City promote economically viable
incentives for development of new tourist odented uses on private property fronting
Shoreline Boulevard.
Currently, Shoreline Boulevard is a formidable barrier to pedestrians attempting to cross
the six travel lanes and 80 foot median, especially during time of large festival events, to
enjoy waterfront activities. In addition, large festival events either block through traffic
along Shoreline Boulevard or reduce the C~'s ability to operate large convention and
arena events. The Concept Plan for a Bayfront Park provides the basis for more
detailed design studies, specific cost estimates and capital improvement funding/~iming.
This plan recommends realiqninq Shoreline Boulevard and desiqnatincl it as an arterial
with reduced separation between the travel lanes in order to consolidate as much of the
qreen space to create lar(~er more useful public areas. These lar(~er areas are located
immediately adiacent to the water's ed(~e on the northern and southern reaches of
Shoreline Boulevard and adiacent to the landward side of Shoreline Boulevard in the
madna area. The actual number of lanes on Shoreline are envisioned to be from four to
six total travel lanes dependin(~ on the completion of detailed travel analyses pdor to
commencement and approval of any lane reductions. However, the Citv will preserve
sufficient ri(~ht of wav to maintain six lanes if traffic demands warrant such capacib/.
With adoption of this plan, the Cites Urban Transportation Plan is amended to indicate
a ranqe of street cross section desiqns providinq for four to six travel lanes on Shoreline
Boulevard.
The "Bayfront Master Plan" identifies several objectives for future consideration and
implementation. The specific concepts for realignment of Shoreline focuses on four
areas:
Zone A:
Zone B:
Zone C:
North Bayfront Park-ama north of IH37;
South Bayfront Memodal Park-ama between Buford Street and the "L"
Head";
Shoreline Waterfront Drive and neighborhood parks-the area
encompassing Shoreline Boulevard abutting the Marina; and
Al-rACHMENT A
Zone D: Enhanced Marina-facilities for boaters & public and expanded breakwater.
With similar character as the public spaces created aloncl the Ba,/front.
The Bavfront Master Plan includes creation of outdoor urban space with pedestrial
esplanades and walkwavs and recreation areas alone the Bavfront. The Master Plan
T-he concepts recommended in tho Bayfront Mastor Plan includes:
Variations in green space and the relationship of the automobile to the waters edge
Arrival feature at shoreline and IH 37
Small scale commercial elements and green spaces
Flexibility and multi use capabilities of green spaces
True pedestrian connections to the water of the North and South parks
AN ORDINANCE
AMENDING THE COMPREHENSWE PLAN OF THE CITY OF
CORPUS CHRISTI("THE crI'Y") BY AMENDING THE SOUTH
CENTRAL AREA DEVELOPMENT PLAN TO INCLUDE THE
BAYFRONT MASTER PLAN;AMENDING RELATED ELEMENTS
OF THE COMPREHENSIVE PLAN INCLUDING THE URBAN
TRANSPORTATION PLAN; PROVIDING FOR SEVERANCE;
AND PROVlDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its
reports and recommendations conceming the amendment of the South Central
Area Development Plan, to include the Bayfront Master Plan, an element of the
Comprehensive Plan of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, July 14, 2004, during a meeting of the Planning Commission, and
on Tuesday, July 20, 2004, during a meeting of the City Council of the City of
Corpus Christi, during which all interested persons were allowed to appear and
be heard;
WHEREAS, the City Council has determined that these amendments would best
serve public health, necessity, and convenience, and the general welfare of the
City of Corpus Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION '1. That the South Central Area Development Plan (a part of the
Comprehensive Plan of the City of Corpus Christi, Texas), is amended to include
the Bayfront Master Plan, its accompanying illustrated plan concepts, and all
other elements and parts of the Bayfront Master Plan, and is hereby adopted as
an integral part of the Comprehensive Plan to read as shown in Exhibit "A", which
is attached to and incorporated into this ordinance.
SECTION 2. That to the extent the amendments made by this Ordinance
represent a deviation from the Comprehensive Plan, the Comprehensive Plan,
including the Urban Transportation Plan, is amended to conform to the
amendments made by this Ordinance.
SECTION 3. That the Comprehensive Plan of the City of Corpus Chdsti, Texas
as amended from time to time, except as changed by this Ordinance and any
other ordinances adopted on this date, remains in full force and effect.
SECTION 4. That any ordinance or part of any ordinance in conflict with this
ordinance is expressly repealed by this ordinance.
SECTION 6. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and
effect for its purpose. Therefore, if any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance is held invalid or unconstitutional by
final judgment of a court of competent jurisdiction, that judgment shall not affect
any other section, paragraph, subdivision, clause, phrase, word or provision of
this ordinance.
SECTION 6. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
ATYACHMENT 1
FIGURE 7: BAYFRONT MASTER PLAN
FIGURE 8: ZONE "A"
NORTEI BAYI~OI~ PARK
FIGURE 9: ZONE "B"
SHORELINE WATERFRONT DRIVE AND NEIGHBORHOOD PARKS
FIGURE 10: ZONE "C"
SOUTH BAYFRONT MEMORIAL PARK
FIGURE 11: ZONE "D"
ENHANCED MARINA
The following policy statement and figures implement Policy Statement E.1 In the
Public Services Section and should be added to the Plan Implementetion Section
aa follows:
BAYFRONT MASTER PLAN
POLICY STATEMENT G.3
The City, after conducting a communltywlde planning process, determined the
most acceptable manner in which to create a Bayfl'ont park Is by realigning
Shoreline Boulevard and the available public space as Illustrated on Figures 7
thru 11, Bayfront Master Plan. The Bayfront Master Plan, an amendment to the South
Central Area Development Plan (SCADP), is consistent with the adopted plan policies
which state that the highest priority are activities that benefit citizens and take
advantage of the Bayfronrs unique natural amenities, including wind. water, and
climate. The SCADP also recommends that the City promote economically viable
incentives for development of new tourist odented uses on private property fronting
Shoreline Boulevard.
Currently, Shoreline Boulevard is a formidable barrier to pedestrians attempting to cross
the six travel lanes and 80 foot median, especially during time of large festival events, to
enjoy waterfront activities. In addition, large festival events either block through traffic
along Shoreline Boulevard or reduce the City's ability to operate large convention and
arena events. The Concept Plan for a Bayfront Park provides the basis for more
detailed design studies, specific cost estimates and capital improvement funding/timing.
This plan recommends realigning Shoreline Boulevard and designating it as an arterial
with reduced separation between the travel lanes in order to consolidate as much of the
green space to create larger more useful public areas. These larger areas are located
immediately adjacent to the water's edge on the northern and southem reaches of
Shoreline Boulevard and adjacent to the landward side of Shoreline Boulevard in the
marina area. The actual number of lanes, on Shoreline are envisioned to be from four to
six total travel lanes depending on the completion of detailed travel analyses prior to
commencement and approval of any lane reductions. However, the City will preserve
sufficient dght of way to maintain six lanes if traffic demands warrant such capacity.
With adoption of this plan, the City's Urban Transportation Plan is amended to indicate
a range of street cross section designs providing for four to six travel lanes on Shoreline
Boulevard.
The "Bayfront Master Plan" identifies several objectives for future consideration and
implementation. The specific concepts for realignment of the Bayfront focuses on four
areas:
Zone A:
Zone B:
Zone C:
Zone D:
North Bayfront Park - area north of IH37;
Shoreline Waterfront Drive and neighborhood parks- downtown area
abutting the Madna between IH37 and the "L" Head;
South Bayfront Memodal Park - area between Buford Street and the ' L"
Head;
Enhanced Madna facilities for boaters & public and expanded
breakwater. With similar character as the public spaces created along the
Bayfront.
The Bayfront Master Plan includes creation of outdoor urban space with pedestrian
esplanades and walkways and recreation areas along the Bayfront. The Master Plan
concept includes:
Variations in green space and the relationship of the automobile and pedestrian to the
waters edge
Arrival feature at Shoreline Boulevard and IH 37
Small scale commercial elements and green spaces
Flexibility and multi use capabilities of green spaces
True pedestrian connections to the water at the North and South Parks
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. Colmenero
Melody Cooper
Henry Garrett
day of
,2004, by the following vote:
Bill Kelly
Rex A. Klnnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on
this the day of ,2004, 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
PASSED AND APPROVED, this the
A'FrEST:
day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form
By:
Assistant City Attorney
For City Attomey
Samuel L. Neal, Jr.
Mayor
, 2004;