HomeMy WebLinkAboutAgenda Packet City Council - 06/14/2005CITY COUNCIL AGENDA
JUNE 14, 2005
Corpus Christi
AII-AmedcaCity
11:45 A.M. - Swearing-In ceremony of newly appointed Municipal Court Judges
Proclamation declaring the month of June as "Homeovmershlp Month'
Proctarnation declaring the month of June as "National Safety Month"
Commendation: AJ Amln Shrine Cen[er Day
Commendation: Jerry Elzner - 2005 Jan Masaryk Gratias Agit Award f~om the Czech Republic
'At Your Service Award", City Shaft Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JUNE 14, 2005
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeb'ng, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentatlon will be limited to three minufes. If you have a petition or other lnforma~ion pertainlng to your
subject, please present it to the Cih/ Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas
del Concillo para ayudarle.
Persons with disabilities who plan fo 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 Henry Garrett to call the meeting to order.
Invocation to be given by Father Bernard Byrue, Saint Thomas The Apostle Catholic
Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Arrnando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pm Tem Brent Chesney
Council Members:
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
June 14,2005
Page 2
H=
MINUTES:
Approval of Regular Meeting of May 24, 2005 and May 31,2005.
(Attachment # 1)
BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
Civil Service Board/Commission
Food Service Advisory Committee
Human Relations Commission
Port of Corpus Chdsti Authority
EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed approprtate, 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 reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
SPECIAL CONSIDERATION ITEMS:
Ordinance providing for the issuance of $94,670,000 of the
General Improvement and Refunding Bonds, Sedes 2005, of the
City of Corpus Christi, Texas, beadng interest at the rates
hereinafter set forth, and providing for the levy, assessment and
collection of a tax sufficient to pay the interest on said bonds and
to create a sinking fund for the payment of the principal thereof;
repealing all ordinances in conflict herewith; approving the
execution of a bond purchase contract and an escrow agreement;
and providing that this ordinance shall be in fome and effect from
and after the date of its passage. (Attachment # 3)
Ordinance by the City Council of the City of Corpus Chdsti,
Texas, providing for the issuance of $15,000,000 City of Corpus
Chdsti, Texas, Combination Tax and Revenue Certificates of
Obligation, Sedes 2005 (Landfill Project), and ordaining other
matters relating to the subject. (Attachment # 4)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legead at Ihe end of
agenda summary)
Agenda
Regular Council Meeting
June 14, 2005
Page 3
Ordinance by the City Council of the City of Corpus Christi,
Texas, providing for the issuance of $4,500,000 City of Corpus
Christi, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2005 (Marina Development Project), and
ordaining other matters relating to the subject. (Attachment # 4)
CONSENT AGENDA
Notice to the Public
The following items are of a routJne or administrative nature. The Council has
been furnished with background and support matedal on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for indivldual consideration in its normal sequence after the items not
requidng 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 morons, resolutions and ordinances not
removed for individual consideration)
Motion approving the purchase of one 500 ~ emergency
generator set from Loftin Equipment Co., of Stafford, Texas for a
total of $80,871.15. The award is based on the Cooperative
Purchasing Agreement with the Houston Galveston Area Council
of Governments (HGAC). The generator will be installed at the
Health Department. Funds are budgeted in the No. 1066 Health
Grant Fund - PHP Preparedness FY 2004-2005 budget.
(Attachment # 5)
Resolution authorizing the City Manager or his designee to accept
grant funding in the amount of $25,000 from the Texas
Department of Transportation for an Impaired Ddving Mobilization
Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime pay within the Police Department and to
execute all related documents. (Attachment # 6)
CITY COUNCIL
PRIORITY ISSUES
(Rei'er lo lege~:l at ~le end of
agenda summary)
Agenda
Regular Coundl Meeting
June 14,2005
Page 4
6.5.
10.
11.
Ordinance appropriating $25,000 from the Texas Department of
Transportation for funding of an Impaired Ddving Mobilization
Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime within the Police Department in the No.
1061 Police Grants Fund. (Attachment # 6)
Ordinance appropriating $18,756 from the Department of State
Health Services (DSHS) for the Title XX grant in the No. 1066
Health Grant Fund to provide family planning services.
(Attachment # 7)
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with RVE, Inc_, of Corpus
Chdsti, Texas in the amount of $603,420 for Waldron Road from
Purdue to Glen Oak and the Mediterranean Extension. (BOND
ISSUE 2004) (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Coym Rehmet &
Gutierrez Engineering, of Corpus Chdsti, Texas in the amount of
$631,714 for Everhart Road, Phase 1 from Saratoga to Cedar
Pass. (BOND ISSUE 2004) (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
Ratification of Amendment No. 5 to the Contract for Professional
Services with LNV Engineering, of Corpus Christi, Texas for a
total fee of $112,114 and for a total re-stated contract fee of
$1.013,119 for Street Resurracing Project: (BOND ISSUE 2000)
(Attachment # 10)
Up River Road - from IH 37 to Leopard Street
Ayem Street - from SPID to Port Avenue
Gollihar Road - from Crosstown Expressway to Kostoryz
Road
Motion authorizing the City Manager or his designee to execute
a construction contract with Sechdst Hall Company, of Corpus
Chdsti. Texas in the amount of $33,884.40 for the Fire Station
No. 12 Re-Roof. (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
(Re[er [o ~md at Ihe end oi' IJ3e
age~da summary)
Agenda
Regular Council Meeting
June 14,2005
Page 5
12.
13.
14.
15.
16.
17.
Motion authorizing the City Manager or his designee to execute
a construction contract with Big State Excavation, of Houston,
Texas in the amount of $560,230 for the Minor Storm Drainage
Improvements Westview Drive Ditch. (Attachment # 12)
Motion authorizing the City Manager or his designee to execute
an Engineering Materials Inspection and Laboratory Testing
Contract with Professional Services Industries, Inc. (PSI), of
Corpus Chdsti, Texas in an amount not to exceed $98,640 for the
Corpus Chdsti International Airport Runway 13/31 Rehabilitation,
Oveday, Blast Pads, Shoulders, Airfield Drainage Phase 3, Edge
Lighting and Associated Site Work. (Attachment # 13)
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Old Concrete Street,
Ltd., for the dght to use a portion of the Broadway Wastewater
Treatment Plant property for staging a fireworks display on July
2, 2005, and establishing a fee of $460. (Attachment # 14)
Motion authorizing the City Manager or his designee to execute
a contract with Collier. Johnson & Woods, of Corpus Christi,
Texas in the estimated amount of $126,000 to perform the
financial and compliance audit requirements for fiscal year 2005.
The term of the contract shall be for twelve months with an option
to extend for up to four additional twelve-month periods subject
to the approval of the contractor and the City Manager or his
designee. (Attachment # 15)
Motion authorizing the City Manager to execute a Deferment
Agreement with Gotcher Construction, Inc., (Developer), in the
amount of $31,861.28 for the installation of an 8-inch sanitary
sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6
subdivision located west of Aidine Road and north of Saratoga
Boulevard, in accordance with the Platting Ordinance Section V-
Required Improvements, Subsection A.3.(b). (Attachment # 16)
Ordinance abandoning and vacating a portion of a 20-foot wide
(143.76-square feet) utility easement out of Lot 12, Block 2, The
Vineyards Unit lA, located east of Airline Road and south of
Saratoga Boulevard; requiring the owner, Rigoberto Lopez, to
comply with the specified conditions. (Attachment # 17)
CITY COUNCIL
PRIORITY ISSUES
(Re [er to legem:l at ttm end oi' the
agenda summary)
Agenda
Regular Council Meeting
June 14,2005
Page 6
J=
18.
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0405-01, JIMREC: A change of zoning from a "R-
IB"One-family Dwelling Distdct on Tracts 1 and 2 and an "A-1"
Apartment House Distdct on Tracts 3, 4, and 5 to "B-I"
Neighborhood Business Distdct on Tracts 1 and 3, "AB"
Professional Office Distdct on Tracts 2 and 4, and "B-4" General
Business Distdct on Tract 5_ The property is 23.91 acres being
out of Lots 1, 2, 15, and 16, Section 10 in the Flour Bluff and
Encinal Farm and Garden Tracts, located along the east side of
South Staples Street and north of Yorktown Boulevard.
(Attachment # 18)
Planning Commission Recommendation:
* Tracts 1 and 3: Approval of a "B-l" Neighborhood
Business District.
* Tracts 2 and 4: Approval of an "AB" Professional Office
District_
* Tract 5: Denial of "B-4" General Business Distdct and, in
lieu of, approval of a "B-1" Neighborhood Business Distdct
on the western 350 feet of Tract 5 and the remaining
portion of Tract 5 be zoned "AB" Professional Office
District.
Staffs Recommendation:
* Tracts 1 and 3: Denial of"B-l" Neighborhood Business
District and, in lieu of, approval of an "AB" Professional
Office District.
* Tracts 2 and 4: Approval of an "AB" Professional Office
District.
* Tract 5: Denial of "B-4" General Business Distdct and, in
lieu of, approval of an "AB" Professional Office District.
ORDINANCE
Amending the Zoning Ordinance, upon application by JIMREC by
changing the zoning map in reference to 23_91 acres out of Flour
Bluff and Encinal Farm and Garden Tracts, Section 10, Lots 1,2,
15, and 16 from: "R-lB" One-family Dwelling on Tracts 1 and 2,
and "A-1" Apartment House Distdct on Tracts 3, 4, and 5 to: "B-1"
CITY COUNCIL
PRIORITY ISSUES
(Re,'er to legend at the end ~ Ihe
age~da summary)
Agenda
Regular Council Meeting
June 14, 2005
Page 7
19.
20.
Neighborhood Business District on Tracts 1 and 3, "AB"
Professional Office District on Tracts 2 and 4, and "B-I"
Neighborhood Business Distdct on the westem 350 feet of Tract
5 and "AB" Professional Office Distdct on the remaining portion
of Tract 5; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
Case No. 0505-01, Staples Development. L.L.C. : A change of
zoning from a "F-R' Farm-Rural Distdct to a "R-lB" One-family
Dwelling District. The property is 117.04 acres out of Flour Bluff
and Encinal Farm and Garden Tracts, Section 20, a portion of
Lots 19-22 and all of Lots 27-30, and Section 21, a portion of Lots
6 and 7, located along Aidine Road, 400 feet south of County
Road 26-A (Brooks Road) and west of Aidine Road and Rodd
Field Road intersection. (Attachment # 19)
Planning Commission and Staff's Recommendation: Approval
of a "R-lB" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Staples
Development, LLC., by changing the zoning map in reference to
117.04 acres out of a portion of Lots 19, 20.21, 22, and all of
Lots 27, 28, 29, and 30, Section 20, and a portion of Lots 6 and
7, Section 21, Flour Bluff and Encinal Farm and Garden Tracts
from "FR" Farm-Rural Distdct to "R-lB" One-family Dwelling
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
Case No. 0505-02. Steding M. Love: A change of zoning from a
"R-'lB" One-family Dwelling Distdct to a "B-I" Neighborhood
Business District. The property is in Steding Comers, Block 1,
Lot 4, located along South Staples Street and 500 feet north of
South Staples Street and Lipes Boulevard intersection.
(Attachment # 20)
Planning Commission and Staff's Recommendation: Approval
of a "B-1" Neighborhood Business District.
CITY COUNCIL
PRIORITY ISSUES
(Re~' lc, legend at 0~e end o~
agenda summary)
Agenda
Regular Council Meeting
June 14,2005
Page 8
21.
22.a.
22.b.
ORDINANCE
Amending the Zoning Ordinance, upon application by Steding M.
Love, by changing the zoning map in reference to Steding
Comers, Block 1, Lot 4, from "R-lB" One-family Dwelling District
to "B-l" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
CRIME CONTROL AND PREVENTION DISTRICT:
Public hearing on the FY 2005-2006 Budget adopted by the
Cdme Control and Prevention Distdct Board of Directors.
(Attachment # 21)
PARKS, RECREATION, AND OPEN SPACE MASTER PLAN:
Public headng on a proposed amendment to the Comprehensive
Plan of the City of Corpus Christi by amending the City of Corpus
Chdsti Parks, Recreation, and Open Space Master Plan by
amending Subsection 10 of Section 8.2 by adding provisions for
playground equipment and green spaces in neighborhood parks;
reconfirming the top ten list of highest priority recreation facility
needs in Section 9.2; providing for repeal of conflicting
ordinances. (Attachment # 22)
First Reading Ordinance - Amending the Comprehensive Plan of
the City of Corpus Christi by amending the City of Corpus Christi
Parks, Recreation, and Open Space Master Plan by amending
Subsection 10 of Section 8.2 by adding provisions for playground
equipment and green spaces in neighborhood parks; reconfirming
the top ten list of highest pdodty recreation facility needs in
Section 9_2; providing for repeal of conflicting ordinances.
(Attachment # 22)
CITY COUNCIL
PRIORITY ISSUES
(Re[~r b~ legend al Die end o~ the
age,3da sumrnaP~)
K. PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
Agenda
Regular Council Meeting
June 14,2005
Page 9
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
23.
Motion authorizing the City Manager to execute on behalf of the
City a Collective Bargaining Agreement with the Corpus Christi
Fire Fighters' Association from August 1, 2003 through July 31,
2005, as negotiated by the City and association representatives.
(Attachment # 23)
24.
Resolution urging the Base Closure Commission to hold a
hearing in the Corpus Chdsti area to personally evaluate the
value of Naval Station Ingleside and to remove Naval Station
Ingleside from the list of Pentagon recommendations for base
closure. (Attachment # 24)
25.
Resolution approving the State School Property Master Plan;
authorizing the City Manager or his designee to submit a grant
application to the Texas Parks and Wildlife Department in the
amount of $500,000 for planning, developing, and implementing
the State School Property Master Plan, with a City match of
$500,000 in the Bond 2004 Fund and a total project cost of
$1,000,000. (Attachment # 25)
M. SPECIAL BUDGET PRESENTATION:
26.a. Discussion of plan of work for City Council Focus Area regarding
BudgetJFinance Processes and Policies. (Attachment # 26)
26.b. Overview of FY 2005-2006 General Fund Proposed Budget.
(Attachment # 26)
PUBLIC COMMENT FROM THE AUDIENCE ON MA'II'ERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC.
CITY COUNCIL
PRIORI'FY ISSUES
(Re,'er Io IsgefM at b~e e~:l of the
agenda summary)
Agenda
Regular Council Meeting
June 14, 2005
Page 10
(A recording is made of the meeting; therefore, please speak into the
microphone located at the podium and slate your name and address. If you
have a petition or other information pertaining to your subject, please present
it to the City Secretary.)
Si usted se didge a la junta y cme que su ingl(~s es limitado, habr~ un int~rprete
ingl~s-espa~ol en la reunion de la junta para ayudarte.
PER ClTY 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 authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Govemment 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.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other bdef discussions regarding city-related matters.
27. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate
by the City Council as to legislative issues before the 79"~
Texas Legislature.
CITY COUNCIL
PRIORITY ISSUES
(Refer lo legend at the end oP the
agenda summary)
Agenda
Regular Council Meeting
June 14,2005
Page 11
28.
29.
30.
Q.
CITY MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Cib/s ohScial bulletin board at the fTont entrance
to_..J~lty Hall, 1201 Leopard Street, at [', ~(~ p.m.,
~Ct ~ ~ i O ,2005.
Armando Chapa
City Secretary
Cl'l'~ COUNCIL
PRIORITY ISSUES
(Rear to legend at IJle end ot Ihe
agenda summary)
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action Item that Implement
council priority Issues.
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 24, 2005 - 10:00 a_m_
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Brent Chesney
Council Members:
Melody Cooper
Jerry Garcia
Rex Kinn/son
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
Cit3, Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Annando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall_
The invocation was delivered by Pastor Charles GraffofSt_ Luke's United Methodist Church
and the Pledge of Allegiance to the Un/ted Slates flag was led by Council Member Kelly.
Mayor Garrett called for approval of the minutes of the regular Council meeting of May 17,
2005. A motion was made and passed to approve the minutes as presented.
Mayor Garrett referred to Item 2 and the following board appointments were made:
Airport Board
Jerry Kane (Appointed -Advisory)
Building Standards Board
John B. Smith (Appointed)
Coramunitv Youth Development (78415) Steerin~ Committee
Roclney Buckwalter (Appointed)
James Chrobocinski (Appointed)
~,,~,, Made Cortez (Appointed)
Theresa Finch (Appointed)
Rheba Jones (Appointed)
Diana Mesa (Appointed)
Mayor Garrett called for consideration of the consent agenda (Item 3-18). Council members
requested that Item 10 be pulled for individual consideration. There were no comments fi.om the
public. A motion was made and passed to approve Items 3 through 18, constituting the consent
agenda, except for Item 10, which was pulled for individual consideration. City Secretary Chapa
Minutes - Regular Council Meeting
May 24, 2005 - Page 2
polled the Council for thdr votes as follows:
3. RESOLUTION NO. 026270
Resolution authorizing the City Manager to rake actions necessary to approve the issuance
of refunding bonds by Lavaca-Navidad River Authority in respect to the City of Corpus
Christi Lake Texana Project.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
4 MOTION NO, 2005-155
Motion approving the purchase of three equipment trailers from H & V equipment Services,
Inc. of Corpus Christi, Texas in accordance with Bid Invitation No. BI-0072-05, based on
low bid in the amount of $38,319. These are replacements to the fleet. Funds have been
budgeted by the Water Department and Maintenance Services in FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Garretk Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5. MOTION NO. 2005-156
Motion authorizing the City Manager or his designee to execute a professional services
agreement with the Nueees County Medical Education Foundation in an amount not to
exceed $150,000 in order to provide health care services for Title V Maternal-Child Health_
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinn/son, Marez, Noyola, and Scott, voting "Aye".
6. RESOLUTION NO. 026271
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Parks and Wildlife Deparm~ent in the amount of $147,795 for renovation and
reconslxuction of the hiking/walking trail at West Guth Park, with a City match of $47,795
in the No. 4720 Community Enrichment Fund, and a total project cost of $147,795.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 24, 2005 - Page 3
7.a. RESOLUTION NO. 026272
Resolution authorizing the City Manager or his designee to accept a grant fi.om the Coastal
Bend Regional Advisory Council in the amount of $5,140.76 to be used for the purchase of
equipment, supplies, and services to support the delivery of emergency medical services for
the Corpus Christi Fire Department.
The foregoing resolution was passed and approved w/th the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kiratison, Marez, Noyola, and Scott, voting "Aye".
7.b. ORDINANCE NO. 026273
Ordinance appropriating a $5,140.76 from the Coas~l Bend Regional Advisory Council in
the No. 1056 Ambulance Grants Fund to purchase equipment, supplies, and services, to
support the delivery of emergency medical services for the Corpus Christi Fire Depadlnent.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
8.a. RESOLUTION NO. 026274
Resolution authorizing the City Manager or his designee to accept a 2004 grant fi.om the
Assistance to Firefighters Grant Program fi.om the Emergency Preparedness and Response
Directorate, in the amount of $39,435 to develop and perform Fire Safety Presentations to
senior citizens and third grade children.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b. ORDINANCE NO. 026275
Ordinance appropriating $39,435 from the Assistance to Firefighters Grant Program, fi.om
the Emergency Preparedness and Response Directorate, in the No. 1062 Fh-e Grants Fund
to develop and perform Fire Safety Presentations to senior citizens and third grade children.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garreth Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Minutes - Regular Council Meeting
May 24, 2005 - Page 4
ORDINANCE NO. 026276
Ordinance appropriating $423,830.30 from City Hall Capital Improvement Program Fund
3160, trunsferring to and appropriating in Street Capital Improvement Program Fund 3530
for the Up River Road Street Improvement Project; amending FY 2004-2005 Capital Budget
adopted by Ordinance No. 026188 by increasing appropriations by $847,660.60.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
9.b. MOTION NO. 2005-157
11.
12.
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Maverick Engineering, Inc. of Corpus Christi, Texas in the amount of
$890,490 for the Up River Road from Rand Morgan to MclrinTie Project. (BOND ISSUE
2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, KinnJson, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-159
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
Contract for Professional Services with Russell Corrosion Consultants, Inc., of
Simpsonville, Maryland in the amount of $136,182 for a total re-stated fee of $234,724.40
for the Padre/Mustang Island Water Crossings Cathodic Protection/Leopard Street Water
Transmission Mains Cathodic Protection.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-160
Motion authorizing the City Manager or his designee to execute Ratification of Amendment
No. 7 to the Contract for Professional Services with LNV Engineering, of Corpus Christi,
Texas in the amount of $233,287 for a total re-stated fee of $973,387 for the Disinfection
Challenge Study for the O.N. Stevens Water Treatment Plant Facility Analysis Project.
The foregoing motion was passed and approved with the followhag vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kirafison, Marez, Noyola, and Scott, voting "Aye"_
Minutes - Regular Council Meeting
May 24, 2005 - Page 5
13. MOTION NO. 2005-161
Motion authorizing the City Manager or his designee to execute Change Order No. 2 with
C. W. Campbell Electric, inc. of Corpus Christi, Texas in the amount of $53,963.84 for the
O.N. Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY 2004.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
14. MOTION NO. 2005-162
Motion authorizing the City Manager or his designee to execute an lnterlocal Agreement
with the Nueces County (TxDOT) and authorizing payment of $50,000 for the rehabilitation
of a 700 linear foot section of Up River Road located within the City limits. {BOND IssLrE
2OOO)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"_
15.a. MOTIONNO. 2005-163
Motion authorizing the City Manager or his designee to execute a construction agreement
in an estimated amount of $87,000 w~th American Electric Power (AEP) for the installation
of new continuous street lighting and underground power lines on Yorktown Boulevard from
Oso Parkway to Weber Road.
The foregoing motion was passed and approved with the following vote: Garrett, Cbesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
15_b. MOTION NO. 2005-164
Motion authorizing the City Manager or his designee to authorize Change Order No. 2 in
the amount of $172,300 with H&G Contractors, Inc., of Corpus Christ~, Texas for the
installation of underground conduit for street lights, underground con&fit for irrigation at
median and underground conduit for fiber optic cable on Yorktown Boulevard from Oso
Parkway to Weber Road.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 24, 2005 - Page 6
16.a. MOTIONNO, 2005-165
Motion approving the Developer Agreement for Temporary Improvements w/th developers
of South Fork Unit 3, 4, and 5 and Momingstar Unit 2 for the installation ora temporary
pumping system with private funds to improve the capacity of the existing Master Plan Lift
Station 1047 (Greenfields by the Bay), located west of Rodd Field Road and south of
Wooldridge Road, until the permanent improvements are completed and fully operational
to avoid delays with specified conditions_
The foregoing motion was passed and approved with the following vote: Garreth Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"_
16.b. MOTIONNO. 2005-166
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Springfield Development, owner and developer of
South Fork Unit 5 Subdivision for the reconstruction of the existing Master Plan Lift Station
No. 1047 (Greenfields by the Bay), located west of Rodd Field Road and south of
Wooldndge Road, with 12 foot diameter wet well and 3,850 linear feet of 12-inch Force
Main, easement acquisition and related appurtenances.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnlson, Marez, Noyola, and Scott, voting "Aye".
16.c. ORDINANCE NO. 026277
17.
Ordinance appropriating $975,210.63 from the Sanitary Sewer Trunk System Trust FundNo_
4220 to pay Springfield Development for the reconslxuction ora Master Plan Lift Station No.
1047 (Greenfields by the Bay), located west of Redd Field Road and south of Wooldridge
Road, with 12 foot diameter wet well and 3,850 linear feet of 12-inch force main~ easement
acquisition and related appurtenances for the Greenfields by the Bay service area, located
west of Rodd Field Road and south of Wooldridge Road_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garreth Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
MOTION NO. 2005-167
Motion authorizing the Director of the Public Health District to execute an agreement with
the Texas Department of State Health Services relating to a plan for responding to an act of
terrorism.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 24, 2005 - Page 7
18. ORDINANCE NO. 026278
Amending the Comprehensive Plan of the City of Corpus Christi ("The City") by adopting
the Corpus Christi Future Land Use Plan and amending the Corpus Christi Urban
Transportation Plan (Ordinance 025251) for the City and its extraterritorial jurisdiction;
establisking a unified Future Land Use and Transportation Plan for coordination of land use,
zoning, subdivision development and capital improvements consistent with the public
interest; amending related elements of the Comprehensive Plan of the City. (First Reading
05/17/05)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kirmison, Marez, Noyola, and
Scott, voting "Aye".
Mayor Garrett opened discussion on Item 10 regarding the Bay Trail Phase 3 Project. Mr.
Scott noted tiffs item was implementing a portion of the proposed Hike and Bike Trail discussed at
last week's meeting. City Engineer ,&ngel Escobar explained Phase 3 of the trail was approximately
4,100 linear feet and 10-feet wide, and would extend from the end of the pavement on Holly Road
to the Oso Bay. The project would include primitive hiking trails into the Cart property and along
the uplands of the Cayo Del Oso to SPID. Mr. Escobar reported the future Phase 4 of the project
would connect the Bay Trail, Phase 3 to Bay Trail Phase 1 and 2 as an on-street trail to the future
intersection of Holly Road and Ennis Joslin Road (Spur 3 extension). Mr. Scott stated he would like
the city to communicate the implementation of this aspect of the plan to the bicyclists in the area.
He also urged staffto try to expedite TxDOT's implementation of the Spur 3 extension.
In response to Mr. Garcia's question, Mr. Escobar replied once all four phases of the Bay
Trail project were implemented, the hike and bike trail would be approximately 12 miles long. City
Secretary Chapa polled the Council for their votes as follows:
10. MOTION NO. 2005-158
Motion authorizing the City Manager or his designee to execute a Contxact for Professional
Services with LNV Engineering, of Corpus Christi, Texas in the amount ors 130,000 for the
Bay Trail Phase 3 Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 19, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
May 24, 2005 - Page 8
Case No. 0305-04, Sizemore Real Estate, LLC: A change of zoning from a "B-4" General
Business District to an "I-2" Light Industrial District. The property is in River Square, Unit
1, Block 1, Lots 1 through 4, located north of IH37 Frontage Road, south of McKenzie Lane
and east of Twin River Boulevard. (Tabled 05/10/05)
City Secretary Chapa said the Planning Commission recommended the denial of the "I-2"
Light Industrial District and in lieu thereof, approval of a Special Permit subject to site plan (Layout
C) and nine (9) conditions. Staffrecommended the denial of the "I-2" Light Industrial District and
in lieu thereof, approval of a Special Permit subject to site plan (Layout E) and nine (9) conditions.
Mr_ Chapa said the ordinance before the Council today reflected the Planning Commission's
recommendation.
Assistant Director of Development Services Michael Gunaing explained the applicant was
requesting the change in zoning for the purpose of developing an office warehouse complex with
outdoor storage on 15.86 acres. He said the subject property was located along the IH 37 frontage
road and Twin River Boulevard and McKenzie Lane.
Mr. Gunning stated the Planning Commission and staffrecommended the denial of the "I-2"
Light Industrial District because an unrestricted industrial district would not be appropriate due to
the property's proximity to the IH 37, a primary entrance con'idor to the City. The Planning
Commission recommended a Special Permit subject to nine (9) conditions.
Mr. Gunning stated this case was tabled two weeks ago to allow the applicant to meet with
the Tuloso-Midway School Board. As a result, the applicant has developed an alternate layout for
their proposal, removing Lot 4 (closest to IH-37) from the zoning change. This area would remain
"B4" zoning and would thus protect the city's entryway for commercial uses only. He said Lot 1,
abutting McKenzie Lane, would be the f'n-st phase of their development. Staff concurred with the
applicant's position.
Mr Chesney made a motion to amend the ordinance to deny the "1-2" zoning for the subject
property, and to approve a Special Permit for Lots 1-3 subject to the nine (9) conditions and the
submission of a finalized site plan; seconded by Mr. Scott; and passed.
No one appeared in opposition to the zoning change. Mr_ Chesney made a motion to close
the public hearing, seconded by Mr. Noyola, and passed. Mr. Chapa polled the Council for their
votes on the amended ordinance as follows:
Minutes - Regular Council Meeting
May 24, 2005 - Page 9
19. ORDINANCE NO. 026279
Amending the Zoning Ordinance, upon application by Sizemore Real Estate, LLC; by
changing the zoning map in reference to River Square Umt 1, Block 1, Lot 1 through 4 3,
(currently zoned "B-4" General Business District) by granting a Special Permit for
warehouse/office uses subject to site plan ~ayoat C) and nine (9) conditions; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kirmison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open the
public heating on the following zoning case:
Case No. 0405-04, Staples Development: A change of zoning fi.om a "F-R" Farm-Rural
District on Tracts 1 and 2 to an "A-2" Apartment House District on Tract 1 and a "B-4"
General Business District on Tract 2. The property is 9.93 acres out of Flour Bluff and
Encinal Farm and Garden Tracts, Section 20, Lots 21 and 22, located west of Airline Road
and 600 feet south of County Road 26-A (Brooks Road).
City Secretary Chapa said the Planning Commission recommended the approval of the "A-2"
Apar~ent House District for Tract 1, and denial of a "B4" General Business District on Tract 2,
and in lieu thereof, approval of a "B-I" Neighborhood Business District for Tract 2_ Staff'
recommended the approval of the "A-2" Apartment House District on Tract 1, and denial of the "B-
4" General Business District on Tract 2, and in lieu thereof, approval of an "A-2" Apartment House
District.
Assistant Director of Development Services Michael Gunning reported the applicant was
requesting a change in zoning to "A-2" Apartment House District on Tract 1 for a multi-family
development, and a "B4" General Business District on Tract 2 to develop a shopping center. He said
staff and the Planning Commission agreed with the applicant's request on Tract 1. On Tract 2,
however, the Commission recom_rnended the denial of the "B-4" General Business District and in
lieu thereof, the approval of a "B-I" Neighborhood Business District.
Mr. Gunning staid staffrecornmended the approval of an "A-2" Apartment House District
for Tract 2 because they were concerned about the stripping out of street corridors with commercial
development, which caused traffic congestion around a number oftbe city's arterials. To this end,
staff, encouraged the location of retail at the intersection of two arterials. He said the applicant
concurred with the Planning Commission's recommendation.
Mr. Scott stated he supported the Planning Commission recommendation. He asked about
the city's policy about limiting the number of curb cuts on major stxeets on commercial property.
Mr. Gunning replied the roadways most impacted by curb cut limits were those owned by the state,
such as Staples Street and Rodd Field Road. He said Airline Road was not state-owned, but the city
used whatever tools at their disposal to manage the number of driveways on any property, usually
Minutes - Regular Council Meeting
May 24, 2005 - Page 10
through the building permit process_ Mr. Scott asked if the city could allow two curb cuts on this
property, one at the southern end and one as a portion of both tracts. Mr_ Gunning replied this was
a possible arrangement. He stated it was not possible to set the curb cuts in the rezoning process
except through a Special Permit, but the developers would feel that this tied their hands in terms of
attracting investors and obtaining financing.
Mr. Kilmison supported staffs recommendation because he did not feel comfortable
approving the applicant's request since it was a speculative project. He did not want to repeat the
mistakes the city had made on other stxeets that had caused traffic congestion.
Mayor Garrett called for public comment. Mr_ Wayne Lundquist, 700 Everhart, representing
the applicant, spoke m favor of the Planning Commission's recommendation. He did not feel the
traffic levels generated by the "B-I' or "A-2" zoning districts were any different. Director of
Development Services Barbara Holly stated traffic counts on multi-family districts were
approximately nine cars to the unit, where commercial developments generated as much as 130 to
140 trips per thousand square feet.
Mr. Kinnison asked if there was any special time limit required if the applicant were to
reapply for "B-I" zoning once they could submit a more specific use plan. Mr. Gunning replied that
if Council approved staft's recommendation, the one year waiting period would not be imposed. The
applicant would then be able to reapply for a zoning change at any time.
Ms. Cooper spoke against having the applicant reapply for "B- 1" zoning. She supported the
Planning Commission's recommendation because she felt the usage was compatible for the small
tract they were requesting.
Mr. Kinnison made a motion to amend the ordinance to reflect staffs recommendation,
seconded by Mr. Kelly. City Secretary Chapa polled the Council for their votes as follows: Kelly,
Kinnison, and Noyola, voting "Aye"; Garrett, Chesney, Cooper, Gaxcia, Marez, and Scott, voting
"No". The motion to amend failed.
A motion was made, seconded, and passed to close the public heating. City Secretary Chapa
polled the Council for their votes on the ordinance as presented as follows:
20. ORDINANCE NO. 026280
Amending the Zoning Ordinance, upon application by Staples Development, LLC, by
changing the zoning map in reference to 9.93 acres out of Flour Bluffand Encinal Farm and
Garden Tracts, Section 20, Lots 21 and 22, fxom "F-R" Farm-Rural District to "A-2"
Apartment House District - Tract 1 and "B-I" Neighborhood Business District - Tract 2;
amending the Comprehensive Plan to account for any deviations fi.om the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Marez, Noyola, and Scott, voting "Aye";
Kelly and Kinnison, voting "No".
Minutes - Regular Council Meeting
May 24, 2005 - Page 11
Mayor Garrett referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0405-05, Landmark Commission - Manuel G. Morales:
A change of zoning from a "R-lB" One-family Dwelling District to a "R-1B/HC-IV" One-
family Dwelling District with a Historical-Cultural Landmark Preservation Overlay. The
property is in Del Mar Subdivision, Block 18, Lot 3, located along Clifford Street and 100
feet west of Santa Fe Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval of
the "R- 1B/HC-IV' One-family Dwelling District with a Historical-Cultural Landmark Preservation
Overlay.
Assistant Director of Development Services Michael Gunning reported this action was
requested by the property owner, and approved by the Landmark Commission and the Plarm/ng
Commission. He said the "HC-IV" designation protected the exterior of private buildings not open
to the public. Any exterior building modifications to the entire structure would require Landmark
Commission review and action within 30 days of the building permit request date. In addition, any
demolition procedures would require a 60-day review period fi.om the demolition permit request
date.
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the
pubhc hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for
their votes as follows:
21. ORDINANCE NO. 026281
Amending the Zoning Ordinance, upon application by the City of Corpns Christi Landmark
Commission and Manuel G. Morales, by changing the zoning map in reference to Del Mar
Subdivision, Block 18, Lot 3 fi.om "R-lB" One-family Dwelling District to "R-lB" One-
family Dwelling District with a "HC-IV" Historical Classification; 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: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Mayor Garrett referred to Item 22, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0405-06, Landmark Commission - Oamaliel Oliva: A change of zoning from a "R-
IB'' One-family Dwelling District to a "R-lB/TIC-IV" One-family Dwelling District with a
Historical-Cultural Landmark Preservation Overlay. The property is in Del Mar Subdivision,
Block 18, Lot 6, located along Clifford Street and 250 west of Santa Fe Street.
Minutes - Regular Council Meeting
May 24, 2005 - Page 12
City Secretary Chapa said the Planning Commission and staffrecommended the approval of
the "R- 1 B/HC-IV" One-family Dwelling District with a Historical-Cultural Landmark Preservation
Overlay.
Director of Development Services Michael Gunning reported th.is case was identical to the
prior zoning case.
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for
their votes as follows:
22. ORDINANCE NO. 026282
Amending the Zordng Ordinance, upon application by the City of Corpus Christi Landmark
Commission and Gamaliel Oliva, by changing the zoning map in reference to Del Mar
Subdivision, Block 18, Lot 6 from "R-lB" One-family Dwelling District to "R-lB" One-
family Dwelling District with a "HC-IV" Historical Classification; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
City Secretary Chapa polled the Council for their votes as follows: Garrett, Chesney, Cooper,
Gareia, Kelly, ginrtison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 23 regarding the sale of 45 properties at a tax resale
auction. Director of Finance Cindy O'Brien reported the auction would be held on June 11 at the
Nueces County Courthouse. She sa.id the city had identified 16 of the 45 properties as potential
candidates for the city's infill lot program, and Neighborhood Services was reviewing the properties
now for suitability. If any properties were deemed appropriate for the program, smffwould submit
a letter to the law finn requesting that the properties be removed from the auction list before June
11. There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
23. ORDINANCE NO. 026283
Ordinance authorizing the sale of forty-five (45) properties shown on the attached and
incorporated Exhibit A at a tax resale auction with opening bids of 30% of the most recent
tax appraisal value as described on the attached Exhibit A.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Gm-rea, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Mayor Garrett opened discussion on Item 24 regarding a utility rate analysis study. Assistant
City Manager Ron Massey stated the city's current utility rates wexe based on a 1990 rate study. He
said the city's wholesale water customers had requested that the city look at the actual cost of service,
Minutes - Regular Council Meeting
May 24, 2005 - Page 13
allocate those costs to the various categories of users, and then determine whether the c~ty's rate
structure was consistent with those costs.
Mr. Scott questioned the need for this study. Mr. Massey explained this study would help
the city determine the appropriate charge by category of customer. Some customers, for example,
received their water from the treatment plant, while others received it further down the distribution
system. The city did not necessarily have a water transportation cost for those customers further
down the distribution system.
Mr. Scott also questioned the cost of the study. Mr. Massey stated the study involved
analyzing the city's existing model, and validating whether the city should keep the model or change
it to another model if desired_
Mr. Noyola also questioned the cost of the study, saying it seemed excessive. He expressed
concern that the city was questioning the equity of its utility rates. Mr_ Massey replied staffwas
considering moving to a rate structure with a different calculation for every customer category,
similar to San Patricio County. He said the city had not studied its costs per customer category since
1990.
Mr. Noyola was concerned the study might show that the city was overcharging some
customers. He felt it was better to adopt a "if it ain't broke, don't fur it" philosophy regarding utility
rates. City Manager Noe replied staff could not predict that any class of customers was being
overcharged or undercharged until the study was complete. He said a number of major customers
had asked the city to study their rates to assure that the city's utility rates were equitable and,
considering the city had not done a rate study in 15 years, he felt this was a reasonable request. Mr.
Noyola stated he did not support this study.
Mr_ Kirmison asked if the rate study was truly berag driven by the industrial users's request.
City Manager Noe replied the industrial users initiated the request, but staff also felt it was
reasonable to look at its rates after 15 years. Mr. Kinnison asked if the study in 1990 cost about the
same amount. Water Superintendent Ed Garana stated he would provide this information. Assistant
Dh-ector of Engineering Services Kevin Stowers added there had also been many changes in statutory
authority as the city's customer base has changed. As a result, the city needed to be able to validate
that its current rates were up-to-date, fair, and sound for all customers. Mr. Kinnison stated it may
very well be that the induslrial water customers who requested the study may have to pay more than
they are paying today. City Manager Noe replied affu-matively, saying he had conveyed this
possibility to the industrial water customers. Mr. Kinnison asked Mr. Noe to communicate this point
again, because he doubted whether this group had heard the message.
Mr. Kinnison asked for the timeline on the study. Mr. Stowers replied the study should be
available for next year's budget cycle, with a model operational in January and February. Mr.
Massey added that any rote change decisions would be discussed with the Council before the budget
was finalized.
In mary, City Manager Noe stated the city has become the reg/onal water entity for a very
large area, including a number of municipalities and districts. Thus, staff felt the city had an
Minutes - Regular Council Meeting
May 24, 2005 - Page 14
obligation to be as transparent and equitable as possible regarding its utility rates.
Mr. Noyola and Mr. Chesney stated if the wholesale water customers had requested the study,
then they should be responsible for paying a portion of the cost. Mr. Massey replied the city also
recognized a need to be more sopkisticated in how they calculate utility rates. He said staff had
issued an RFP for the study, and HDR Engineering was selected out of two bidders_ Mr. Stowers
added the TCEQ also required that the city have a rote structure that is appropriate, fair, and
equitable for its customers.
In response to Mr. Kinnison's question, City Manager Noe replied the city's storm water
charges could be challenged because customers outside of the city limits do not benefit fxom storm
water expenditures_ Mr. Kinnison asked which customers would pay for this study. Mr. Massey
replied everyone who paid for treated water, 42 percent of which was for industrial usage. Mr_
Kinnison stated residential customers could stand to benefit just as much as industrial customers
from the study results. He also stated the study would provide various options for the city to
consider, not just one option.
Mr. Scott was concerned about how any rate changes would be implemented as a result of
the study_ City Manager Noe replied any rate changes would be implemented prospectively rather
than retroactively.
Mr Scott stated he would like the city's large volume water customers to formally state their
support for this item. Thus, Mr. Scott made a motion to table this item for one week, seconded by
Mr. Chesney, and passed.
24.a. TABLED FOR ONE WEEK
Ox, l:r,^,,~c ,~p~,,mpdating $255,790 fi,m~ th,. Wat~ Fmxd unal,p,~,t,~ioted fu~d balo~c i,m
Wat,~, Fund No. 4010 fo, thc Ufihty Wat,., R~t, A~al~is ~'hdy, ~,~,,ding thc FY 2004-
2005 A~aal Op~fi,~g Budget adopted by Ot'di'~,c,~ No. 025878 by
,~vv~,,vdations by $255,790_
24.b. TABLED FOR ONE WEEK
Moffon authorizing the City M,~ag,, o~ his ckslr,,¢c to execute a coahact with IIDR
Engi'c~,ing, Inc., of Co,~as Cl,lsti, Texas in thc ~,,ount of $255,790 for a Utility Rate
Paralysis Study.
Mayor Garrett opened discussion on Item 25 regarding the potential construction of a skate
park in Cole Park. Director of Parks and Recreation Sally Gavlik stated the Council had previously
approved a master plan for Cole Park that included a skate park. She said the issue before the
Council was whether the skate park should be in Cole Park before proceeding with the master plan
implementation.
Ms. Gavlikreviewed the Council's previous actions regarding the skate park. In March 2002,
she said the Junior League made a Council presentation regarding the skate park, and the Boys and
Minutes - Regular Council Meeting
May 24, 2005 - Page 15
Girls Club was the recommended location. In April 2004, the city made a motion to enter into an
agreement to provide two annual payments of $50,000 for skate park design and construction. In
October 2004, the Junior League made a Council presentation regarding an alternative site for the
skate park at Cole Park. In November 2004, the Council approved an amendment to the Corpus
Christi Parks, Recreation, and Open Spaces Master Plan to include a comprehensive Master Site Plan
for Cole Park.
Ms. Gavlik reviewed a list of public meetings held as follows: February 4, 2005 - Marina Del
Sol residents and staff; March 15, 2005 - public input meeting at City Hall; April 19, 2005 - meeting
with Junior League, Del Mar, and park and recreation staff; May 3 -brie frog with Del Mar residents;
May 10 - consultant presentation of Cole Park Master Site Plan, public comments, and written
survey; and May 11 - Park and Recreation Advisory Committee meeting.
Ms. Gavlik discussed a number of concerns raised at the public meetings that staffaddressed
as follows: traffic/speed; parking in Del Mar area; bus stop on Ocean Drive; curfew;, noise levels;
vandalism; and adequate supervision.
Ms. Gavlik also stated there were also a number of construction issues that had surfaced
regarding the skate park site: water table; retaining walls; fencing; and lighting. Depending on where
the skate park was located in Cole Park, she said the area may need to be elevated to hold an 8-foot
bowl due to the level of the water table. She noted that the site near Kids Place had a water table of
approximately 8 feet. Iftbe skate park was built into the hillside, retaining walls would need to be
constructed so the it would not slide into the bay. In addition, she said fencIng would be necessary
to ensure the protection of the area, liability, and to limit access for smaller children_ Finally, if the
facility was to be open during the evening hours, adequate lighting would need to be installed.
Mr. Chesney stated the conflict over the skate park was being portrayed as the Junior League
versus Del Mar residents. In his opinion, city staffmade a recommendation to locate the skate park
in Cole Park, which the Council approved. Thus, he felt the Council should be accountable for the
decision to locate the skate park in Cole Park, not the Junior League. Ms. Gavlik replied the Junior
League had requested a site on the bayfxont. She said there were three parks on the bayfront as
follows: Sherrill Park, McCaughan Park, and Cole Park. Sherrill Park was a veteran's park, and
McCaughan Park was eliminated because of its proximity to the coliseum. Thus, by default, Cole
Park became the choice for the park. Mr. Chesney disagreed with staffs assessment, saying
McCaughan Park would have been a great location for the skate park.
Mr. Chesney stated the public discourse regarding the skate park had been constxuctive in
his view. Regardless of what the Council's decision was today, he wanted to ensure that the project
would not lose momentum; thus, he stated he did not want to see any unnecessary delays in the
decision making process.
Mr. Chesney asked about the two potential sites for the skate park in Cole Park. Ms. Gavlik
replied Alternate A was by KidsPlace and Alternate B was located on the hillside near the
intersection of Louisiana Parkway and Ocean Drive. Alternate A would require the elevation of the
water table and Alternate B would require retaining walls since it was located on a hillside. In
response to Mr. Chesney's question, Ms. Gavlik stated staff would need to discuss the sites with the
Minutes - Regular Council Meeting
May 24, 2005 - Page 16
Junior League because each location had different construction issues that would generate specific
construction costs. She said while the consttuction issues for Alternate B would be more expensive
to address. However, the cost notwithstanding, she felt Alternate B was the better choice_ Mr.
Chesney replied that he felt it would be appropriate if the Council were to approve more funding for
the project if the best site was projected to cost more.
Ia response to Mr. Chesney's question, Ms. Gavlik stated there was a third site in Cole Park
that was eliminated from the plan because of its proximity to the Marina Del Sol condominiums.
In many ways, it was a better site because it was a lower cost site with adequate parking and
pedestrian accessibility.
Mr_ Chesney mentioned a number of alternate sites, such as South Bluff Park and
McCaughan Park. Ms. Gavlik said staff had discussed a number of alternate sites internally, but
needed to obtain Council direction on the Cole Park site before pursuing other options. Mr. Noe
added staffhad discussed the siting of the skate park in a bayfi'ont park with Mr. Raymond Gignac
and the other architects of the Bayfi-ont Master Plan. He said they rejected the idea because it didn't
fit in with the existing plan. Mr. Chesney asked if an alternate site was chosen, how long would it
take to go through the public information process. Ms. Gavlik replied the process would take
approximately two to three months.
Mayor Garrett called for a fifteen minute recess to conduct a board and committee member
swearing-in ceremony and present a proclamation. He said the Council would resume the discussion
on this item after the break.
Mayor Garrett called for petations fi.om the audience. Mr. Jack Gordy, 4118 Bray, asked that
the city consider reinstating the pawn shop detail program; and expressed concern about the
management of the public access studio. Mr. Scott asked if the revenues for the Crime Control
District were higher than anticipated, would it be possible to reinstate the pawn shop detail program.
Mr. Noe responded the Council would consider the Crime Control Dislrict budget next month with
the Board's funding recommendations.
Mr. Bill Kopecky, 3609 Topeka, commented that the city contracted for too many studies,
and also stated he did not feel the city should function as a regional water supplier, but instead
consider establishing a regional water authority.
Mayor Garrett reopened the discussion on Item 25, the skate park at Cole Park. In response
to Mr. Noyola's question, Ms. Gavlik stated that the engineering costs for Alternate A (KidsPlace)
would estimated at $145,000; Alternate B (Hillside) - $299,000; and Alternate C (Marina Del Sol) -
$144,000. These costs were in addition to the $400,000 base cost of the skate park. Mr. Noyola
suggested that the Dr. Hector P. Garcia Park would be a good alternate site.
Mr. Garcia asked staffto address the traffic and safety issues, and who would assume the
Minutes - Regular Council Meeting
May 24, 2005 - Page 17
increased costs. City Engineer Escobar discussed the following options: lowering the speed limit
on Ocean Drive; creating an extra crosswalk; and creating parking restrictions in residential
neighborhoods.
Mr. Scott spoke in support of the skate park project, saying he was in favor of spending
additional funds if necessary to ensure a quality facility. He asked the Junior League to discuss their
estimated costs for the project_ Ms. Renee Burrs with the Jun/or League replied that originally, the
skate park construction was estimated at $350,000. The Junior League had discussed setting up an
endowment fund of $50,000 to maintain the park. This price did not include any fencing or lighting.
She had spoken with Mr. Richard Dodson of Marshall Construction provided them an updated
estimate at today's prices, and he confirmed the price was still $350,000. Ms. Burke stated the Junior
League had received a number of in-kind donations (concrete at cost, etc.) to offset the price.
Regarding the additional costs being discussed today, she said the Junior League had been made
aware of them at today's meeting.
Mr. Scott asked about supervision of the skate park. Ms. Gavlik said the plan did not include
any provisions for supervision. Mr_ Scott stated the Portland Skate Park has set up a remote security
camera system that was connected into the Portland police department. He also asked about
maintenance. Ms. Gavlik said the city would maintain the same level of maintenance they were
doing now. Mr. Scott also asked about parking for the skate park. Ms. Gavlik replied the plan
included 50 additional parking spaces.
Mayor Garrett asked for public comment_ The following individuals spoke in support of
having the skate park in Cole Park: Ms. Dorothy Spann and Mr. Bill Allen with the Del Mar
Neighborhood Association; Mr. Fred Garcia, 210 Summeridge; and Mr. Danny Noyola, 4433
Valdez.
The following individuals spoke in favor of a skate park, but preferred an alternate site
besides Cole Park: Mr. Larry Frederick, 120 Del Mar; Mr. Sam Cowling, 138 Southern; Mr_ Rick
Roberson, 315 Del Mar; Ms. Nancy Beauchamp, 1901 Del Mar; Ms. Heather McCaaffin, 14721
Whitecap; Ms. Edie Richards; an unidentified woman; Mr. Bob Minor, 116 Louisiana Parkway; Mr.
James Eskew, Marina Del Sol condos; Dr. Arnold Gonzales, 110 Ocean View; Ms. Michelle Moffitt,
134 Louisiana.
The following individuals spoke against locating the skate park in Cole Park: Ms. Carolyn
Moon, 4901 Calvin; Ms. Kay Nesbitt, 1917 Ocean Drive; Ms. Courmey Berry, 2757 Ocean Drive;
Ms. Donna Frederick, 120 Del Mar; Ms. Gnadalupe Rangel, 3 Hewitt Drive; and Mr. Roger Blake,
2001 Ocean Drive.
Mr_ Tony Hauglam, 205 Del Mar, presented a petition signed by Del Mar residents opposed
to locating the skate park in Cole Park.
Ms. Renee Burrs, 14612 Red River, and Ms. Yma Urban, 145389 Tortuga, of the Junior
League spoke in favor of continuing to build a skate park.
Mr. Kinrdson stated that the Portland skate park usually had approximately 17 to 20 skaters
Minutes - Regular Council Meeting
May 24, 2005 - Page 18
at a time, and many of those individuals car pooled. Thus, he felt the 50 proposed parking spaces
were sufficient, and several members of the audience supported his belief. He also asked questions
about fencing and city liability for any injuries. Mr. Kinnison asked if the city would consider
installing an emergency phone at the park for citizen use. Mr. Noe answered affirmatively. Finally,
Mr. Kinnison asked about curfew at Cole Park. Ms. Gavlik replied Cole Park's curfew was 2:00 a-m.
because it was considered a bayfront park. She said prior to the skate park discussion, citizens had
requested that the city lower the curfew to 12:00 a.m. like other city parks. She said staffwould
taking the request to the Park and Recreation Advisory Committee for their consideration. In
response to Mr. Kirmison's question, Ms. Lavonne Garrison said the skate park construction was
estimated to take four to sm months to complete.
Mr. Marez spoke in support of having a skate park in the downtown area. He said the city
needed to address the curfew issues and safety issues raised_ He also spoke in support of installing
an emergency phone. He was concemed that the price of the skate park could go as high as
$750,000, but he hoped the Jumor League could receive in-kind donations to offset this expense_
He also stated that he did not believe that more graffiti and crime were necessarily to be expected
around a skate park.
Mr_ Noyola spoke in favor of lowering the Cole Park curfew to 12 midnight. He also asked
the city to work with the RTA to provide adequate transportation to the skate park.
Mr. Kelly asked questions about the site near the Marina del Sol condos had been eliminated_
Ms. Gavlik stated the site had many advantages, but today's discussion was focused on whether there
would be a skate park in Cole Park or not. The actual site in Cole Park was yet to be det~J ,,,incr.
Mr. Scott and Ms. Cooper stated they were in favor of locating the skate park in Cole Park,
but also felt the city should make every effort to mitigate the negative effects the park might have
on the neighborhoods.
In response to Mr. Scott's question, Mr. Charlie Bryan stated concrete skate parks were
preferable over wooden skate parks, and modular skate parks. He said additional flafland space
could be placed in the park to allow for event specific ramps
Mayor Garrett and the Council thanked the Junior League for their efforts. He said he placed
this item on the agenda so the Council could give staffdirection on this matter. City Secretary Chapa
polled the Council for their votes as follows:
Minutes - Regular Council Meeting
May 24, 2005 - Page 19
25. MOTION NO. 2005-168
Motion granting permission to locate the skate park in Cole Park; dixecting inclusion of the
skate park in the Comprehensive Master Site Plan for Cole Park as part of the Corpus Christi
Parks, Recreation and Open Spaces Master Plan; and authorizing the City Manager to take
all necessary action and to sign a conta'act and all other necessary documents for the Junior
League of Corpus Christi, Inc_ ("Junior League") to construct the skate park In Cole Park,
provided the following condition is satisfied:
The Junior League shows to the satisfaction of the City Manager that the Junior League has
the funding in place necessary to constxuct the skate park in Cole Park.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"_
Mayor Gan'ett announced the executive sessions, which were listed on the agenda as follows:
26.
Executive session under Texas Government Code Section 551.071 regarding Matthew
Barnes, et al vs. James Peterson and the City of Corpus Christi, Cause No. C-04-724, in the
United States Dislrict Court for the Southern District of Texas, Corpus Christi Division, with
possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
26. MOTION NO. 2005-169
Motion authorizing the City Manager to employ the law firm of Canales & Simonsoa, P.C_
to provide legal representation in Cause No. C 04-274, Michael Barnes, et al v. City of
Corpus Christi, et al, in the United States District Court, Southern District of Texas, Corpus
Christi Division, at an hourly rate not exceeding $185.00, plus expenses, subject to
certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett called for the City Manager's report. City Manager Noe reported the city's
library system would be holding the "Get Hooked on Reading" program this summer, with the
support of the Corpus Christi Hooks, the Caller-Times, and FlInt Hills Resources. He said the library
Minutes - Regular Council Meeting
May 24, 2005 - Page 20
system had also been working on a program to sign up kids for library cards, with cooperation of the
Friends of the Libraries, Sam's Club and the Kiwanis Club. Since February 1, he said 3,000 children
had been signed up for library cards.
Mr. Noe reported that the ribbon-cutting ceremony for the fa'st project supported by the 4A
sales tax, A.C. Distribution, took place today.
Mr. Noe reported that tomorrow was Corpus Christi Day at the Slate Legislature. He also
stated the presentation of the city manager's budget would be on next week's agenda.
Mayor Garrett reported that after Memorial Day, the Council would wear their summer attire.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:35 p.m. on May 24, 2005.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 31, 2005 - 10:02 a.m.
PRESENT
Mayor Henry Garrett
Council Members:
Melody Cooper
Jerry Garcia
Rex Kilmison
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
First Ass[ City Attorney Jay Reining
City Secretary Armando Chapa
ABSENT
Mayor Pro Tem Brent Chesney
Mayor Gas'rea called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Randy Walterman of the Corpus Christi Christian
Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member
Maxez_
Mayor Garrett called for approval of the minutes of the City Council Retreat of May 2, 2005.
A motion was made and passed to approve the minutes as presented_
Mayor Garrett called for consideration ofthe consent agenda (Items 2-13). Council members
requested that Item 6 be discussed. There were no comments fi'om the public. A motion was made,
seconded, and passed to approve Items 2 through 13, constituting the consent agenda, except for Item
6, which was pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
May 31, 2005 - Page 2
2_ MOTION NO, 2005-170
Motion approving the purchase of five (5) pickup trucks and one (1) van fi.om the following
companies, for the following amounts, in accordance with Bid Invitation No. BI-0089-05,
based on low bid for a total amount of $124,948. The vekicles will be purchased for Fire,
Muaicipal Information Systems (MIS) and the Wastewater Department. Four of the vehicles
are replacements and two are additions to the fleet. Funds are available in the Capital Outlay
Budget of the Maintenance Services Fund, the Fire Stations Operational Budget, and the MIS
WiFi Operational Budget.
Access Ford, LTD
Corpus Christi, TX
Bid Items 1, 2 and 4
$100,408
Access Ford
Comus Christi, TX
Bid Item 3
$24,540
Grand Total: $124,948
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
3. MOTION NO. 2005-171
Motion approving the lease purchase of three (3) 1250 GPM pumper fire trucks from
Siddons Fire Apparatus, of Manor, Texas for the total amount of $645,212_ The award is
based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council
of Governments (HGAC). These units are replacements. Financing will be provided through
the City's lease/purchase financing program with an initial payment scheduled for February
2006. Funds have been requested by the Fire Department for FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
4. MOTION NO. 2005-172
Motion approving the lease purchase of one (1) bucket track fi.om Philpott Motor Company,
of Nederland, Texas for the total amount of $68,189. The award is based on the Cooperative
Purchasing Agreement with Houston Galveston Area Council of Governments. This unit is
an addition to the fleet. Financing will be provided through the City's lease/purchase
financing program with payments initiating in December 2005. Funds have been requested
by the MIS Department for FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, l(innison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
Minutes - Regular Council Meeting
May 31, 2005 - Page 3
5
MOTION NO. 2005-173
Motion approving a supply agreement with Texas Tire Recycling, Inc., of Baytown, Texas
for used tire disposal service in accordance with Bid InvitationNo. BI-0064-05 based on only
bid for an estimated annual expenditure of $79,200 of which $14,400 is budgeted in FY
2004-2005. The term of the supply agreement will be for twelve months with an option to
extend for up to two additional twelve-month periods subject to the approval of the supplier
and the City Manager or his designee. Funds have been requested by Solid Waste and
Maintenance Services for FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
7.a. ORDINANCE NO. 026285
Ordinance appropriating $423,980 fi-om the unappropriated miscellaneous revenues from
Water Capital Improvement Program Fund 4080; and appropriating and approving the
transfer of $423,980 fxom Water Capital Improvement Program Fund 4080 into Street
Capital Improvement Program Fund 3530 for the Laguna Shores Road Street Improvement
Project; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by
increasing appropriations by $847,960.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Cheaney was absent.
7.b. MOTION NO. 2005-175
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with RVE, Inc., of Corpus Christi, Texas in the amount of $423,980 for the Laguna
Shores Road Street Improvements from Graham to Hustlin Hornet. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
8.a. ORDINANCE NO, 026286
Ordinance appropriatmg and approving the transfer of $173,502 from the unappropriated
interest earnings in the Water Capital Improvement Program Fund 4084 to and appropriating
in the Street Capital Improvement Program Fund 3530 for the Cliff Maus Road
Improvements Project Phases 2 & 3; amending FY 2004-2005 Capital Budget adopted by
Ordinance No. 026188 by increasing appropriations by $347,004.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent.
Minutes - Regular Council Meeting
May 31, 2005 - Page 4
8.b. MOTION NO. 2005-176
10.
11.
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Naismith Engineering, Inc., of Corpus Christi, Texas in the amount of
$422,904 for the Cliff Maus Road Improvements Project as follows:
* Phase 2 - Old Brownsville Road to Bear Lane
* Phase 3 - SPID to Rockford Road
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
MOTION NO- 2005-177
Motion authorizing the City Manager or his designee to execute Change Order No. 6 with
Garver Construction, Ltd., of Houston, Texas in the mount of $433,336.10 for the 30-inch
Gravity Sewer Line from Greenwood Drive to Richter Ditch for additional water and
wastewater lines to serve area businesses.
The foregoing motion was passed and approved with the following vote: Garreth Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
MOTION NO, 2005-178
Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the
Resaca Lif~ Station contract with Holloman Corporation, of Converse, Texas in the amount
of $142,468.18 for additional work to provide access to the existing Broadway Wastewater
Treatment Plant and for &watering at two locations.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
RESOLUTION NO. 026288
Resolution recognizing the public necessity of acquiring fee simple title to a tract of land
containing 2.286 acres out of the Enriquez Villarreal Survey A- 1, also being out of Section
11, Bohemian Colony Lands, from the owners of record, being the Estate of Paul Snyder,
Deceased and the Frances Snyder Trust, for the conslxuction of drainage improvements in
connection with the Club Estates Channel Improvement Project, Phase 2 (#2238) and other
municipal purposes, and authorizing acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Christi in acquiring the property.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Gm'cia, Kelly, K/nnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
Minutes - Regular Council Meeting
May 31, 2005 - Page 5
12. ORDINANCE NCr. 026289
Ordinance appropriating $24,168.71 from the unappropriated interest earnings in Packery
Channel Capital Improvement Program Fund 3277 for the Packery Channel Project South
Parking Lot Project (Windward/St. Augustine Seawall Parking Lot); amending FY 2004-
2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by
$24,168.71.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney was absent; Kelly abstained.
13_ ORDINANCE NO. 026289
Ordinance appropriating $6,000 fi.om Special Events Grants and Vendor Fees in the No.
1020 General Fund to pay expenses for Bay Jammin' Concerts and Movies 2004-2005 and
Texas Independence Celebration 2005
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garreth Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent.
Mayor Garrett opened discussion on Item 6 regarding a construction project on Greenwood
Drive. There were no questions on Item 6. Council Member Noyola asked for more information
on Item 8 regarding street Lmprovements to CliffMaus Road. City Engineer Angel Escobar stated
Phases 2 and 3 of the project would install drainage and wastewater lines, and a three-lane road with
a continuous left-mm lane. He said the project would take approximately nine months to complete.
City Secretary Chapa polled the Council for their votes on Item 6 as follows:
6.a. ORDINANCE NO. 026284
Ordinance appropriating $298,809 from the unappropriated miscellaneous revenues fi.om
Water Capital Improvement Program Fund 4080; and appropriating and approving the
transfer of $298,809 from Water Capital Improvement Program Fund 4080 into Street
Capital Improvement Program Fund 3530 for the Greenwood Drive, Phase 1 Street
Improvement Project; amending FY 2004-2005 Capital Budget adopted by Ordinance No.
026188 by increasing appropriations by $597,618.
An emergency was declared, and the foregoing ordinance was passed and approved w/th the
following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent.
Minutes - Regular Council Meeting
May 31, 2005 - Page 6
6.b. MOTION NO. 2005-174
Motion authorizing the City Manager or bas designee to execute a Contract for Professional
Services with Shiner, Moseley & Associates, Inc., of Corpus Christi, Texas in the mount
of $534,416 for the Greenwood Drive, Phase 1, from Gollihar to SPID Project. {BOND
ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0505-06, Oceanla'ee Limited: A change of zoning from an "A-T" Apartment-
Tourist District to an "A-T" Apartment-Tourist District with a "PUD-2" Planned Unit
Development. The property is in Ocean Village Estate, Block 1, Lots 1, 2 and 3, located at
the southwest comer of Ocean Drive and Airline Road.
City Secretary Chapa said the Planning Commission and staffrecommended the approval of
an "A-T" Apartment-Tourist District with a "PUD-2" Planned Unit Development subject to eight
(8) conditions.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Kinnison, and passed_ Mr. Chapa polled the Council for their
votes as follows:
14. ORDINANCE NO. 026290
Amending the Zoning Ordinance, upon application by Oceantree Limited, by changing the
zoning map in reference to Ocean Village Estate, Block 1, Lots 1, 2 and 3, fxom "A-T"
Apartment-Tourist District to "A-T"/"PUD-2" Apartment-Tourist District with a Planned
Unit Development 2, subject to eight (8) conditions; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent.
Mayor Garrett opened discussion on Item 15 regarding a utility water rate analysis study,
which. City Manager Noe said tbas item had been tabled last week. He said staff had asked the
city's indus~al water customers to either contact the Council or be present today to discuss the
Council's concerns regarding this study. He said a number of industrial customem had contacted
the Mayor and him reiterating their support for this initiative. Mr. Massey stated that Mr. Don Roach
Minutes - Regular Council Meeting
May 31,2005 - Page 7
with the San Patricio Municipal Water District was in the audience and supported the study. Mr.
Noe commented that Mr. Roger TenNapel with Flint Hills had contacted him this morning to pledge
their support for the initiative.
Mr Noyola and Mr. Scott stated that they had not heard from any of the city's large water
users about this initiative. Mr. Scott said he had requested that representatives from the large water
users group be here today to address the Council's concerns regarding theh- support for this study.
Mr_ Scott asked who contacted the city to say they were in support of the initiative.
Mr. Noe stated the initial request for the study came through the Chamber of Commerce's
Infrastructure Committee, chaired by Mr. Ralph Coker, which had representation from most of the
major water users in the area. He said Assistant City Manager Ron Massey had reported that he had
notified all the members on the Infrastructure Committee to advise them of the Council's concern.
Mr_ Massey said they agreed to move forward with the study, including Mr. Tom Curlee with the
Port Industries, Mr. Coker, and Mr. TenNapel. Mr. Noe said he understood Mr. Curlee would be
here today representing the industry_
Mr_ Noyola stated that if the industrial customers had requested this study, then they should
pay half of the cost_ He was also concerned that if the study results showed that the industrial users
were being undercharged, then would the industrial users agree to implementing the results.
In response to Mr. Garcia's question, Mr. Massey said the costs could shift any way, to the
residential customers or to the industrial customers, depending on the study results. He said the
study would provide various options for the Council and staffto consider.
Mr. Kinmson stated he felt the city had made every possible effort to inform the industrial
water users that the rate study could result in rote increases for them. He spoke in support of the
study because the equity of the city's rates needed to be addressed.
Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, expressed
concern that the city could raise utility rates even for those water users who lived outside the city
limits_ He didn't think it was fair that because those individuals were not able to vote for the Mayor
and Council. Mr. Abel Alonzo, 1718 Thames, stated he was concerned that the industrial water
users would not abide by the results of the study if they meant a rate increase.
Minutes - Regular Council Meeting
May 31,2005 - Page 8
City Secretary Chapa polled the Council for their votes as follows:
15.a. ORDINANCE NO. 026291
Ordinance appropriating $255,790 from the Water Fund unappropriated fund balance into
Water Fund No. 4010 for the Utility Water Rate Analysis Study; amending the FY 2004-
2005 Annual Operating Budget adopted by Ordinance No. 025878 by increasing
appropriations by $255,790. (Tabled 5/24/05)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent.
15.b. MOTION NO. 2005-175
Motion authorizing the City Manager or his designee to execute a contract with I-[DR
Engineering, Inc., of Corpus Christi, Texas in the amount of $255,790 for a Utility Rate
Analysis Study. (Tabled 5/24/05)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez and Noyola, voting "No"; Chesney
was absent.
Mayor Gm'rea referred to Item 16, an overview of the proposed FY 2005-2006 operating
budget. City Manager Noe stated the purpose of today's presentation was to highlight key aspects
of the recommended budget, and outline the budget adoption schedule.
Assistant City Manager Oscar Martinez discussed the budget preparation process, which
began in February 2005. He said the process was based on a number of criteria as follows: clear
identification of available resources; departmental expertise; goal to maintain the current level of
service; consideration of existing contractual commitments; correlation of budget amounts to
performance measures; consideration of the volatile cost of fuel; consideration of least critical costs
and expanded level of service requests prepared by departments; consideration of prioritization of
services (core/semi-core/non-core); and conformance with city policies and procedures.
Mr. Martinez reviewed the FY 2005-2006 document format. He said the Manager's Message
and the FY 2005-2006 budget summary outlined the key points in the budget. In addition, he said
the budget document included an update on the progress towards the Council's goals and priorities
set prior to their retreat (May 2, 2005). The document also included budget summaries of
expenditures, revenues, and staffing levels, as well as snmmaries by fund. Finally, he mentioned a
best practices section, a supplemental information section, and a reader's guide.
Mr. Maxtinez covered the overview of the FY 2005-2006 budget. He reviewed a graph
depicting the combined fund summary of revenues by fund (general, enterprise, internal, debt, and
Minutes - Regular Council Meeting
May 31,2005 - Page 9
special funds)_ He pointed out that the 2005 figures were estimates, and the 2006 figures were the
proposed budget numbers. He observed that the city's revenues between 2005 and 2006 had
remained relatively level.
Mr. Martinez then reviewed a g~aph illustrattng the combined fund summary of expenditures
by fund. He pointed out there was a level trend in expenditures between 2005 and 2006, and a flat
level of expenditures by fund.
Mr. Martinez discussed a graph enumerating the 2006 expenditures by category for each of
the funds. He noted that personnel comprised the largest portion of the city's budget at 31 percent,
compared with 32 percent this year. He noted the internal allocations and transfers may skew the
numbers slightly.
Mr_ Martinez referred to a personnel summary chart, comparing the current FY 2004-05
levels with the proposed FY 2005-06 levels. He pointed out that in total, the proposed FY 2005-06
included a net reduction of 36 FTEs (full-time equivalents). In the General Fund, he noted an
increase of 46 FTEs. This was partly attributable to the blending of 68 FTEs in the Ambulance Fund
into the General fund, but staff did make reductions in other departments to reach the estimated 46
FTEs. Mr. Scott asked where the reductions were made. Mr. Noe replied the bulk of the staff
reductions were in the solid waste department, since the city had contracted out the landfill
operations. Mr. Martinez stated the Enterprise Fund showed a net reduction of 80.5 FTEs, once
again partly attributable to the blending of the Ambulance Fund, previously categorized as an
Enterprise Fund, into the General Fund. In addition, he reported 18 positions in the Utilities
depm tment were being moved to the Call Center, an Internal Service Fund_ Finally, he reported the
reduction of 10 FTEs in the Special Revenue Fund was primarily due to the reduced staffmg
requirements for the coliseum in FY 2005-06.
Mr. Martinez reviewed a chart depicting the projected fund balance as of Augnst 1, 2005
through July 31, 2006. He highlighted that the city's total fund balance continued to increase by
roughly $5 million. In addition, he observed that the projected budget revenues generally matched
the projected expenditures, with the exception of the Debt Service fund. He said the level of
contribution for the seawall fund did not have to be as high because the city had built up a significant
fund balance within the seawall debt service fund that allowed us to draw down that fund balance
somewhat. In total, however, he said budget revenues ($522 million) were higher than budget
expenditures ($517 million).
Mr. Martinez discussed a graph depicting the General Fund unreserved fund balance from
1994 to 2004. Per the city's financial policies, the city had been able to increase their fund balance
year by year to comprise ten percent of the budget, from a low of $7,547 in 1995 to $12,387,000 in
2004. Staff estimated that the unreserved fund balance would reach $15 million by the end of FY
2004-05, but he noted the fund balance was adjusted for reserve for encumberances, resulting in a
total of $14.3 million.
Mr. Martinez reviewed a chart illustrating the city's history of net taxable values from 1994
to 2005. He said the city has recently seen significant growth in net taxable values. He also
displayed a chart depicting the city's historical tax rates. He said the city's recent growth had
Minutes - Regular Council Meeting
May 31,2005 - Page 10
allowed the City of Corpus Christi to maintain a relatively level tax rate, and even occasionally
reduce the tax rate. Mr. Noe noted the difference between the 2000 tax rate and the 2001 tax rate
was a voter-authorized tax increase for Bond 2000. He emphasized that all the tax increases in the
chart were voter-authorized.
Mr. Martinez discussed a chart illustrating the change in sales tax collections fi.om 1992 to
2005. He said the city had recently seen a strong sales tax performance this recent year, a six percent
increase over last year. He noted in 2003, the city actually saw a decrease in its sales tax collections.
He emphasized that it was important to understand the significance and vulnerability of the city's
funding structure to upswings and downswings in the economy.
Finally, Mr. Martinez reviewed the upcoming budget calendar as follows: June 14 - budget
discussion on the General Fund; June 21 - Budget discussion on the Enterprise Fund; June 28 -
budget discussion on Special Revenue/Internal Services/Debt Service Funds; July 12- budget
hearing; July 19 - first reading of the budget; and July 26 - second reading and adoption of the
budget.
Mr. Scott noted the proposed budget included additional funding to the Convention and
Visitors Bureau (CVB) because of anticipated revenues from the American Bowling Congress. He
asked staff if the CVB understood that this was a one-time allocation. Mr. Martinez stated the city
was conservatively estimating their costs and the income generated by hotel motel taxes related to
this conference. Mr. Noe stated the amount was sustainable.
Mr. Scott noted he had received constituent complaints regarding the condition of the county
beaches. He noted that the county stated that their beach cleaning equipment was broken. Since the
city was the predominant beach cleaner, he said there seemed to be a benefit for the tax payer if the
county were to consolidate their beach cleaning with the city, as long as they paid a portion of the
costs. Mr. Noe replied there was a significant equipment cost for beach maintenance, and he thought
it would be beneficial to everyone to maximize the equipment value. Mayor Garrett stated he and
Mr. Noe would discuss the matter w/th the County Judge at their next meeting.
Mr. I(innison was pleased to see a tax rate cut included in the proposed budget. He said this
was a good start, and he challenged the city to do more. He said if there was any additional revenue
such as fi.om the appraisal rolls, for example, then he hoped the Council would give that back to the
community in the form of a tax cut.
Mr. Kinnison asked how CPL's slxanded rate case would affect the city's revenue stream. Mr.
Noe replied that it would not affect the city's revenue stream because our franchise was based on a
flat amount for kilowatt hours sold, regardless of CPL's revenue levels. He said it may impact the
city's expenditure levels, however, in terms of what the city had to pay for line charges to our
facilities.
Mr. Kinnison also asked if the industrial district contract revenue was affected if the city were
to implement a mx rate decrease. Mr. Noe and Mr. Martinez said they were uncertain, and they
would research this. Mr. Martinez said it depended if the three percent floor was based upon value
or revenue.
Minutes - Regular Council Meeting
May 31,2005 - Page 11
Mr. Garcia and Mr. Scott both stated that they wanted Development Services to have enough
resources to proceed and enhance its services. Mr. Martinez stated tlfis was the general direction
from the Council. He said generally speaking, the number of FTEs assigned to Development
Services had increased by three from 2005 to 2006. He said Development Services would be
provided the necessary resources to deliver services, yet would also be held accountable for utilizing
those resources as effectively as possible.
Mayor Garrett asked for the following information: the number of citywide vacancies; and
the percentage of the budget for salaries by department, especially in fire, police, and street/solid
waste. He also asked Public Information Officer Cheryl Soward to publicize the positive aspects
of the proposed budget (more police officers, more fire academies, etc.).
Mayor Garrett called for a Legislative Update, given by Special Assistant to the City Manager
Tom Utter. Mr. Utter reported that the 79a' state legislative session ended at 6:50 p_m. yesterday.
He said this was one of the most virulent anti-city legislative sessions agendas he had ever attended,
but all the major attacks on local government had been averted (e.g. appraisal caps and revenue
caps). He mentioned a bill that was defeated that would have basically taken cable away from cities,
a major victory. Mr. Utter reported Senate Bill 18 was passed with concurrence, which will provide
for more troth in taxation. It also reduced the number of signatures required for a rollback election
from 10 percent to 7 percent of registered voters. In addition, he said restrictive telecommunications
and WiFi bills were also defeated.
Mr. Utter briefly mentioned a number of good bills that were passed. One bill created a City
of Corpus Christi Aquifer Storage and Recovery Conservation District. A second bill allowed the
use of general purpose sales tax as a secondary pledge for projects within economic development
districts (e.g. enterprise zones, renewal communities, tax incremental finance districts, etc.). A third
bill, SB 3, was a water bill that was amended to grandfather basin flow groups that were already
established by the TCEQ, allowing them to remain in effect and full force.
Mr. Utter stated he had not had an opportunity to review the f'mal conference report on all
the bills. All in all, he said it was a difficult but positive legislative session for cities. He said he
would provide a detailed report in approximately four weeks. In addition, he said he would invite
the city's legislative delegation to meet with the Council in July or August_ He said there could be
a special session, since the school finance issue was up in the air_ Mr. Utter also complimented the
city's legislative delegation for their enormous efforts.
Mr. Scott asked questions about legislation regarding the school start date, the city's stance
on the gambling, and the Del Mar College district. Mr. Kelly asked for information on legislation
regarding the remititur period for foreclosed properties. Mr. Utter replied he needed to review the
final conference report and then report back to the Council.
Mr. Garcia asked about legislation affecting tuition for Texas A&M -Corpus Christi and Del
Mar College. Mr. Utter replied Texas A&M-CC was given an additional $16 million at the last
minute to fund a number of campns utility improvements. He said Del Mar College was not hurt,
Minutes - Regular Council Meeting
May 31,2005 - Page 12
but did not receive additional funding.
Mayor Garrett called for a brief recess to present proclamations.
The Council returned from recess, and Mayor Garrett called for petitions from the audience.
Mr. Eloy Soza, 5725 Curtis Clark, spoke regarding closed captioning for City Council meetings.
City Secretary Chapa replied the Human Relations department had gone out for bids on the
equipment, and were working out the details on the work. He said the work should hopefully be
completed within the next few months.
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
17.
Executive session under Texas Government Code Section 551_074 for deliberations
regarding the appointment of Municipal Court Judges, with possible discussion and action
related thereto in open session.
The Council went into executive session. The Council returned fxom executive session and
the following motion was passed w/th the following vote:
17. MOTION NO. 2005-180
Motion appointing the following judges at their current salaries for a term coterminous with
the City Council:
f.
g-
h.
I.
Rodolfo Tamez as Presiding Judge of the Municipal Court of Corpus Christi, Texas,
and Judge of Division A;
Deanie King as Judge of the Municipal Court of Corpus Christi, Texas, and Judge
of Division D;
Margie Flores as Judge of the Municipal Court of Corpus Christi, Texas, and Judge
of Division B;
Mary Medary as Judge of the Municipal Court of Corpus Christi, Texas, and Judge
of Division C;
John A. Rank, III as Judge of the Murdcipal Court of Corpus Christi, Texas and
Judge of Division D;
Mike Alani7 as Judge of the Mumcipal Court of Corpus Christi, Texas, and Judge of
Division D;
Michael Sullivan, as Part-time Judge of the Municipal Court of Corpus Christi,
Texas, and Judge of Division E;
Melissa Madrigal, as Part-time Judge of the Municipal Court of Corpus Christi,
Texas, and Judge of Division E;
Hector DePena, as Part-time Judge of the Municipal Court of Corpus Christi, Texas,
Minutes - Regular Council Meeting
May 31, 2005 - Page 13
and Judge of Division E;
Jerry Batek, as Part-time Judge of the Municipal Court of Corpus Christi, Texas and
Judge of Division E.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kiimison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
Municipal Court Judge Rudy Tamez thanked the Council for reappointing the Municipal
Court Judges.
Mayor Garrett called for the City Manager's report. City Manager Noe announced tomorrow
was the beginning of the hurricane season. A news conference would be held tomorrow at 1 l:00
a.m_ at the Emergency Operation Center emphasizing the need for hurricane preparedness. He said
the conference would involve the city, county, National Weather Service, Department of Public
Safety, TxDOT, and other agencies.
Mr. Noe announced that a ribbon-cutting ceremony for the city's new boater facility would
be held on Friday, June 10. He said the Assistant Secretary of the Interior was expected to attend,
noting that the facility was partially funded by a boating infxastxucture grant from the federal
government.
At the June 14 Council meeting, Mr. Noe reported staff would begin a series of budget
reviews, beginning with the General Fund. The public hearing for the Crime Control and Prevention
District budget would also be held on this date. Finally, he said the Council would consider a
number of grant opportunities, including a potential grant for the State School Property Master Plan
implementation.
Mayor Garrett called for Council concerns and reports. Ms. Cooper reported that Mr. Jerry
Elsner, a member of the local Czech Association, had been awarded a public service award from the
Czech government. He would be traveling to Prague on June 23, and he was requesting that Mayor
Garrett provide a letter and a proclamation he could present to the Czech government
Ms. Cooper also announced that the next town hall meeting would be held on June 6 at 6:00
p_m. at the Baker Middle School cafeteria.
Mr. Scott asked for a report on the litter ordinance enforcement efforts during the Memorial
Day weekend.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 12:15 p.m. on May 31, 2005.
2
CML SERVICE BOARD/COMMISSION - One (1) vacancy with a three-year tc~m to 6-15-08.
(The City Manager appoints to the Civil Service Commission and the City Council appoints to the
Civil Service Board Traditionally, the same member serves on the Board and Commission.)
DUTIES: To adopt, amend, and enforce a code of roles and regulations providing for appointment,
employment, or suspension in all positions in the classified service based upon citizenship, character,
merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating
promotions, demotions, reduction of force of employees in the classified service and in what order they
shall be dismissed and reinstated.
COMPOSITION: Three (3) members shall be appointed by the Council for three-year tutors or until
a successor is named. The members choose their own chairman and appoint a chief examiner, not a
member of the Board, who shall also act as secretary. Members receive $5.00 per Board meeting, not to
exceed $100.00 per year.
MEMBERS TERMS
ORIGINAL
APPTD. DATES
Deborah Arnold 6-15 -06 3-08 -05
*John Silvas 6-15-05 3-08-05
Cydney Farrar 6-15-07 7-18-00
*Seeking reappointment
(The Civil Service Board/Commission has not had any meetings this term. City Manager George K.
Noe is recommending the reappointment of John Silvas.)
OTHER INDIVIDUALS EXPRESSING INTEREST
Joe Benavides
USMC Retired. Received Bachelors in Management and
Human Resources. Member of the Regional Transportation
Authority Board of Directors_ (3-03-05)
Shelley Franco
Senior Quality Assurance Manager/Equal Opportumty
Officer. Has received various training in equal opportunity,
human resources, and fraud investigations. Activities
include: assisting the Patriot Band & Honor Guard of
America, Inc. with various projects, TWC's Equal
Opportunity Deyathnent an the Department of Labor's
Civil Rights Center. (6-07-05)
Arthur Granado
Owner, The Granado Group_ Attended the Texas A & I
University. (3-03-05)
Eduardo Hinojosa
Retired, State of Texas Administration. Received a
Master's degree. Activities include: Planning Decision
Making Member at Kostoryz Elementary School. Received
the "Rancher of the Year" Award. 0-04-05)
G. Douglas Johnson
Director of Human Resources, Peerless Cleaners. Received
B.A. from Texas A & M - Corpus Christi. Activities
include: Member of the Corpus Christi Human Resource
Management Association, T- Ball coach and Southside
Little League. (2-23-05)
Billy Ray Sayles
Counselor, Self-employed. Received A.A. m Mental
Health, B.A in Psychology and M.S_ in Educational
Psychology. Activities include: Nueces County MHM2R
Board of Trustees, Committee for Persons with Disabilities
and the Texas Youth Commission Volunteer Council. (5-
O6-O4)
Sam Watson
Agent, State Farm Insurance. Received B.A_ in
Psychology. Member of the National Association of
Insurance and Financial Advisors. (2-21-05)
Jennifer Welp
Human Resources Manager, Maverick Engineering, Inc.
Received a B.A. in Business Management fi.om Southwest
Texas State University and M.A. fi.om Texas A & M
University - Corpus Christi. Currently serves on the
Corpus Christi Human Resources Management Association
Board of Directors and is familiar with the civil service
process.(3-07-05)
FOOD SERVICE ADVISORY COMMITTEE - Four (4) vacancies with three-year terms to 6-24-08
representing the following categories: 2- Community at Large and 2 - Food Industry.
DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding
food and food establishments, review the permit fees annually to ensure the cost of the program is
returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to
revocations and to make written recommendations to the City health officer whether to revoke or
suspend a food manager's permit, pursuant to Art. 19-84_
COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers
fi.om the food service or food processing industries and three (3) persons from the commtmity at large.
Members of the committee shall be appointed by the City Council for staggered terms so that at least
one industry representative, and one community member are reappointed each year. No voting member
may serve more than two terms of three years each with the exception of those initially appointed for
less than a full three-year term
MEMBERS TERM
*****William Schroeder (Community at Large), Chair 6-24-05
****John Denson (Food Industry) 6-24-05
D.W. Haven (Food Industry) 6-24-06
*Bob Ard (Food Industry) 6-24-05
****Carlos Moreno (Community at Large) 6-24-05
Suzanne Greene Gilliam (Food Industry) 6-24-07
Beverly Rogers (Commumty at Large) 6-24-07
ORIGINAL
APPTD. DATE
6-08-99
8-20-02
6-10-03
9-12-00
4-13-04
9-12-00
7-13-04
*Seeking reappointment
****Has exceeded the number of absences allowed by ordinance
*****Has met the six-year limitation and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
John Denson (Food Industry) 6
Bob Ard (Food Industry) 6
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
3 50%
3 (3 excused) 50%
(Note: Mr. Ard has three absences due to illness that where excused by the Food Service Advisory
Committe~ Mr. Denson(Food Industry) has exceeded the number of absences allowed by ordinanc~
He has resolved his attendance issues and is requesting reinstatement to the Food Service Advisory
Committe~ )
OTl:l~R INDIVIDUALS EXPRESSING INTEREST
Christopher Aebu
Chef/Owner, Restaurant Lavender. Attended the California
Culinary Academy. (Food lndustry) (4-28-05)
Teresa Carrillo
Executive Director, Coastal Bend Bays Foundation.
Received B.S. in Marine Science Emphasis and M.S. in
Estuarine Ecology. Activities include: Flint Hills
Klm Gilmore
Gabriel G. Hernandez
Lisa B. Pollakis
Dr. Nina Sisley
Cheri Sperling
Community Council, Beautify Corpus Christi, Earth Day
Bay Day Committee and Environmental Representative for
the Coastal Bend Regional Water Planning Group.
(Community at Large) (3-18-05)
Account Executive, KRIS Communications. Member of
the C.C. Chamber of Commerce, Black Chamber and the
Hispanic Chamber of Commerce. Received the Sales
Person of the Year Award and the District Kickball Coach
Award. (CommuniO~ at Large) (10-27-04)
President/Owner, Sunset Food Service Inc. Haves
completed comes in Food Service Management,
Purchasing Food Systems, Fast Food Management/Catering
Operating Management and Food Management
Certification fi.om Del Mar College. (Food Industry) (5-
06-OS)
Co-owner, Vick's Famous Hamburgers. B.S. in Hotel,
Restaurant & Institutional Management, The Pennsylvania
State Umversity. Served as the Nutrition Coordinator for
Senior Community Services with the City of Corpus Christi
for ten years. (Foodlndustry) (6-02-04)
Retired, Public Health Administrator. Received B.A. from
Texas Women's Univemity, M.D. fi,om the University of
Texas at Galveston and Ph.D. fi.om the University of
Michigan. Activities include: Board of Directors for
Charlie's Place, Coastal Bend Asthma Initiative, Nueces
County Medical Society. (Community at Large) (3-02-05)
Owner, Coastline Properties, Inc. Attended Real Estate
classes. Activities include: Corpus Christi Apartment
Association and the Texas Apartment Association.
(Commun#y at Large) (3-11-05)
HUMAN RELATIONS COMMISSION - Seven (7) vacancies with t~tms to 6-14-06 and 6-14-08
representing the following categories: 4 - Regular members and 3 - Youth members. (Mayoral
appointment subject to approval by the Council)
DUTIES: To study problems of group relationships within the City, and to devise and recommend to
the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and
bigotry in all groups in their relations with one another;, to discover all practices and policies calculated
to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust
discrimination by or against any person or group. Recommendations may be presented to the Mayor
and City Council directly by the Committee or it may instruct the Human Relations Administrator to
present them to the City Manager.
COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with
approval of the Council to study problems of group relationships w/thin the City; one who shall
represent the selling of dwellings, one who shall represent the renting of dwellings and one member of
the staffofthe Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of
age at time of appointment serving one-year t~ms. Eleven (1 l) members shall serve three-year t~m~s_
The Chairperson of the Committee for Persons with Disabilities serving as an ex-officio voting member.
MEMBERS TERMS
*****Oscar Hinojosa, Sr., Chairperson 6-14-05
*****Sylvester Peterson, Vice-Chairperson 6-14-05
Gilbert Fuentes 6-14-07
Robert Adler 6-14-06
Dr. Carol Ledbetter 6-14-06
Lucy Reta 6-1 4-06
*Jenmfer Sta.rr 6-14-05
*Dr. Clifton Baldwin 6-14-05
Stuart Elovitz, M.D. 6-14-07
O.K. Sm/th (Selling Dwellings) 6-14-07
Leah Patterson (Rental Dwellings) 6-14-06
VACANT (Youth) 6-1 4-05
**Marisa K_ Dowling (Youth) 6-1 4-05
*Albert Santoya (Youth) 6-14-05
Linda Falwell-Stover (Com. Per. Dis. Chair) Ex-officio (Voting)
Errol Summerlin (Legal Aide Society) Continuous
ORIGINAL
APPTD. DATES
5-11-99
12-08-98
2-15-05
6-22-04
9-23-03
6-22-04
2-15-05
11-11-03
9-19-00
2-15-05
6-22-04
6-22-04
9-23 -03
9-23 -03
*Seeking reappointxnent
**Not seeking reappointment
*****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
Jennifer Start
Dr. Clifton Baldwin
Albert Santoya (Youth)
NO. OF MTGS. NO. % OF ATTENDANCE
THIS TERM PRESENT LAST TERM YEAR
3 2 67%
9 8 (1 excused) 89%
9 7 (1 excused) 78%
OTHER INDIVIDUALS EXPRESSING INTEREST
Ashley Alexander
Junior, Richard King High School. Activities include:
Varsity Cheerleader, Choir, and National Honor Society.
Received the Most Spirited Dancer Award. (Youth) (5-20-
05)
Marianne Beynon
Junior, Richard King High School. Activities include:
National Honor Society, Congressional Student Leadership
Conference, National Merit Quailifer, Gulft Coast Training
Academy, volleyball, and volunteers with Driscoll
Children's Hospital and Kid's Place renovation. (Youth)
(4-22-05)
Tony (JR) Bonilla
Junior, W.B. Ray High School. Activities include: Boy
Scouts of America member, St. Pius Youth Group,
Saltwater fisheries Enhancement Association (SEA), and
National Hispanic Council Youth Forum member. (Youth)
(5-10-05)
Ellen Bushcang
Junior, Richard King High School. Works at the Jewish
Community Council as a Lifeguard_ Activities include:
Gifted and Talented program, Speech and Debate, People
to People Ambassador, and UIL persuasive speaking_
(Youth) (4-26-05)
Catie Collins
Sophomore, Richard King High School. Member of the
National Spanish Honor Society. (Youth) (4-23-05)
Jared Cummings
Sophomore, Richard King High School. Activities include:
church volunteer, Church Youth President, and multiple
leademhip programs at Del Mar and the Lexington. (Youth)
(4-2S-05)
Adrian Desmond Dansby
Teacher/P.T. Assistant Principal. Received A.A. fi:om Del
Mar College and B.A. and M.A. fi-om Corpus Christi State
Umversity. Formerly served on Human Relations
Commission and Sister City Committee. Inducted to the
Del Mar College Hall of Fame 1982. (Regular member)
(2-23-05)
Olivia Dowling
Junior, Richard King High School. Activities include:
National Hispanic Institute, Key Club, Band, Sailing,
Spanish Honor Society, Features Editor and ranked l0th in
class. Received 1st place in UIL Solo Band. (Youth) (5-
22-05)
Jordan Eiben
Chriselda R. Everett
Laura Judith Garcia
Arthur Granado
Kenneth W. Groves
Michael Hunter
G. Douglas Johnson
James Law
Erica Michelle Longoria
Thomas V. Lopez
Sophomore, Tuloso-Midway High School. Activities
include: local Food Bank volunteer, church youth member,
Section leader for band and the National Society of High
School Scholars_ (Youth) ($-24-05)
President/CEO, Workforce Network, Inc. Received B_A.
fi.om the University of Texas at Austin. Activities include:
United Way Allocations Committee, Southside Rotary
Board Member, Self-sufficiency Cornmittee Member_
(Regular member) (6-07-05)
Sophomore, Foy H. Moody High School_ Interested in
Human Relations. (Youth) (5-23-05)
Owner, The Granado Group. Attended the Texas A & I
University. (Regular member)(3-03-05)
Leading Chief Petty Officer, United States Navy. Received
B.S. fi.om George Washington University and M.A. fi-om
Webster University. Active member of the America
College of Health Care Executives. Previously Stated in
Yokosuka, Japan and famihar with Japanese customs.
(Regular member) (4-28-05)
Junior, Richard King High School_ Activities include:
King Varsity Baseball, Varsity Football, J.V. Basketball,
Young Life, beach cleanup campaign, and Spanish Honor
Society Treasurer. (youth) (4-19-05)
Dh'ector of Human Resources, Peerless Cleaners. Received
B.A. fi.om Texas A & M - Corpus Christi. Activities
include: Member of the Corpus Christi Human Resource
Management Association, T- Ball coach and Southside
Little League. (Regular member) (2-23-05)
Junior, Richard King High School. Works as a cashier at
JoAnn's Fabrics. Activities include: Boy Scouts Life
member, Youth Group and prospective NHS member.
(Youth) (4.29.03)
Student, Tuloso-Midway High School_ Activities include:
Youth Council, T-ball Coach, National Youth Leadership
Forum on Law, and volunteer at Garcia Art Center_
(youth) (5-23-05)
Junior, Tuloso-Midway High School_ Activities include:
church usher, Bible school teacher, Who's Who Among
American High School Students, and U.S. Achievement
Academy. Received the National Minority Leadership
Crystal Lyons
Robert McCarty
Larry Rast
Nicholas R. Sheffield
Amanda Renee Villarreal
Sam Watson
Marshall Wilkerson
Award and "Celebration of Education and Excellence
Award" from State Board of Education_ (Youth) (5-22-05)
Full-time community volunteer. Activities have included:
Cub scouts, Bayfest, Driscoll Children's Hospital, and
League of Women Voters. Currently serving on the
Committee for Persons with Disabilities_ Serves on several
boards with focus on disability issues including
transportation. (Regular member)(5-18-05)
Comptroller, Women's Shelter of South Texas. Received
BBA fi.om Corpus Christi State University. Activities
include: Texas Society of CPA's, American Institute of
CPA's, Metropolitan Community Church and Leadership
Corpus Christi, Class 29. (Regular member) (6-23-04)
Owner, Marathon Mortgage. Received B.A. in Sociology
from Texas Teeh University and M.A. in Community
Counseling fi.om Stephen F. Austin State University.
Activities include: Special Olympics volunteer, Ronald
McDonald House, and Member of the Housing and Urban
Development Families Self-Sufficiency Advisory
Committee. (Regular member) (11-14-04)
Junior, Flour Bluff High School. Works at Padre Pizzeria.
Activities include: Student Publications, National Honor
Society member, and Editor-in-Chief of newspaper.
(Youth) (5-06-05)
Junior, Calallen High School. Interested in community
involvement. (Youth) (2-28-05)
Agent, State Farm Insurance. Received a B.A. in
Psychology. Member of the National Association of
Insurance and Financial Advisors. (Regular member) (2-
21-os)
Junior, Richard King High School_ Activities include:
Harbor Playhouse, National Honor Society, and National
Merit Scholar. (Youth) (4-26-05)
d. PORT OF CORPUS CHRISTI AUTHORITY - One (1) vacancy with three-year terms to 1-02-09.
DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution.
COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, four (3) Nueces
County Commissioners Court and one (1) San Patricio County for staggered terms.
MEMBERS
Ruben Bonilla, Jr. (City), Chairman
*Bernard A. Paulson (City), Vice-Chairman
Yolanda G. Olivarez (County)
Robert J. Gonzalez, Sr. (County)
Kenneth Berry (County)
Mike Carrell (City)
Judy Hawley (San Patricio)
ORIGINAL
TERM APPTD. DATE
1-02-07 8-12-97
1-02-06 10-08-96
1-02-06 12-18-96
1-02-06 1-11-00
!-02-08 11-23-04
1-02-08 8-28-01
1-02-07
*Seeking reappointmcmt
ATYENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Bernard A. Paulson (City)
NO. OF MTGS. NO.
THIS TERM PRESENT
29 26
% OF AI~I'ENDANCE
LAST TERM YEAR
9O%
OTHER INDMDUALS EXPRESSING INTEREST
David Amori
Branch Manager, PSI. Received B.S_ in Civil Engineering
and M.S. in Construction Management. Activities include:
Associated Builders and Contractors, American Institute of
Architects, American Society of Civil Engineers and
SEACT. (2-24-05)
Richard Bailey, Sr_
Distribution/Logistics Team Leader, E.I. Dupont. Received
B.A. and currently pursuing M.B.A. fi:om Texas A & M
University - Corpus Christi. Has received numerous
awards for safety and cost related issues and is certified as
a 6 Sigma Grec-n Belt (Statistical Analysis). Active as a
member of St. John Baptist and affiliated with OLPH
Catholic Church. (2-21-05)
Gerald W. Brown, Sr.
Vice President/Senior Analyst, RSI & Associates, Inc.
Received degree's in Economics and Finance fi:om
Northern Virginia. Activities include: Second Baptist
Church Drama Director, History Committee and
Benevolence Committee, Board member of Wounded
Christian Ministries and volunteer for Nueces County
Chapter of the Republican National Committee. (2-25-05)
Rodney Buckwalter
Arturo Casillas
Gilbert Fuentes
Thomas C. Ga]yon
Guadalupe J. Gomez
Paul Gfivich
Eduardo Hinojosa
Diane LaRue
Matt Martin
Manager, Training & Quality, First Data Corporation.
Received A.A. fi'om Del Mar College, B.A. and M.S. fi.om
Texas A & M University - Corpus Christi_ Activities
include: Management Development Advisory Committee -
Del Mar College, American Society for Training and
Development, Patriot's Band and Honor Guard of America
(7-21-04)
Officer, Nuway International, Inc. Received some college
hours and special training for National Council for
Economic Business Opportunities. President of Associated
General Contractors. (11-22-04)
Realtor, Christi Properties_ Received Masters fi.om Texas
A & M University - Corpus Christi. Member of Fighting
to Rid Against Gangs. (11-18-04)
President/CEO, Corpus Christi Convention and Visitors
Bureau. Received B.A. fi.om Emory and Henry College.
Activities include: Board of Governors for the Art Center
and Advisory Board for the Botanical Gardens. (1-10-05)
Self-employed, Business Consultant. Received B.A. in
Business Finance. Member of the Westside Business
Association. (:t-10-05)
Extensive background in finance, accounting and
management. B.S_ in Political Science, Sam Houston State
University. Activities include: former member of the
Board of Adjustment and current member of the Nueces
County Tax Appraisal District. (12-07-04)
Retired Administrator, State of Texas. Received a Master's
degree. Member of the Planning Decision Making
Committee for Kostory'z Elementary School. Received the
"Rancher of the Year" Award. (:1-04-05)
Independent Marketing Director, Melaleuca, lnc_ Attended
LaSalle University, Temple University and Holy Family
College. Activities include: Mission 911, IWA Golf Chair
and Gala Committee, Blessed Sacrament Convent
Auxiliary, Pan American Roundtable and Leadership
Corpus Christi Class XXIX. (2-25-05)
Vice President/Market Manager, Clear Channel
Broadcasting. Received a Marketing degree from Texas
Tech University. Activities include: Board member for
Texas Association of Broadcasters, Hispanic Chamber of
Commerce, Regional Economic Development Corporation
and Chamber of Commerce. (11-02-04)
Randall L. Meredith
James D. Robbins
Latrice M. Sellers
John B. Smith
Alfonso Tmjano Jr.
Sam Watson
Hunter Young
Attorney, Meredith Law Office. Received B.A. and
M.B_A. from Texas State University and J.D. from St.
Mary's University School of Law. Dedicated to farrdly and
community. (3-21-05)
Retired, United States Army & Civil Service Air Traffic.
Received a degree in Business Management and Certificate
of Ministry. Activities include: Mayor's Committee on
Veteran Affairs and formerly on Food Service Advisory
Committee. Received the Eagle Scout Award and several
military awards. (2-19-05)
Department Head/FSM1V, Texas Depashnent of Criminal
Justice. Received A.A. in Communications from Del Mar
College. Activities include: Steering Committee for Flour
Bluff I S.D. Educational Foundation, cable access show
"Community Outreach", and State Democratic Executive
Committee for Women_ (2-23-05)
Lead Pastor, First Family Chumh. Received B.S. fi.om
Liberty University and pursuing M_A. Activities include:
Leadership Corpus Christi, World Affairs Council of South
Texas, and Rotary Club. (4-14-05)
Senior Designer/Project Manager, Maverick Engineering,
Inc. Received B.S. in Civil Engineering and Graduate
courses on Civil Engineering. Secretary of the American
Society of Civil Engineers and TSPE member. Received
the Excellence on Leadership Award and nominated for
2004 Torch Award for Marketplace Ethics. (4-19-05)
Agent, State Fm-m Insurance. Received a B.A. In
Psychology. Member of the National Association of
Insurance and Financial Advisors. (2-21-05)
Assistant Vice President of Commercial Lending, Value
Bank Texas. Received B.A. in Management and attended
the University of Hawaii at Manoa for Hotel and Club
Management. Member of the Coastal Conservation
Association, C.C. Focus, Fimt United Methodist finance
committee and Sunday School teacher and the Builder's
Association. (5-10-04)
3
CITY COUNCIL
AGENDA MEMORANDUM
June 14, 2005
AGENDA ITEM:
An ordinance providing for the ~ssuance of $94,670,000 of the general improvement and refunding
bonds, series 2005, of the City of Corpus Christi, Texas, bearing interest at the rates hereinafter set
forth, and providing for the levy, assessment and collection of a tax sufficient to pay the interest on
said bonds and to create a sinking fund for the payment of the principal thereof; repealing all
ordinances in conflict herewith; approving the execution of a bond purchase contract and an escrow
agreement; and providing that this ordinance shall be in force and effect from and after the date of its
passage.
ISSUE:
In November 2004, the voters of Corpus Christi approved $95,000,000 of bond projects. This
agenda item addresses the issuance of $60,000,000 of general improvement bonds to be used for
voter-approved infrastructure projects. The remaining $35,000,000 of bonds authorized by the
voters in November 2004 is scheduled for issuance witkin the next 18 to 24 months.
Interest rates over the past few years have been experiencing declining percentages, with the past
several months reflecting historically low rates. This trend in a low rate environment allows the City
the opportunity to refund some of the City's current, higher interest rate general obligation bonds and
replace them with lower rate bonds. $34,670,000 of existing general improvement bonds and
certificates of obligation have been identified for refunding. The refunding will also cover costs of
issuance. Because of the volatility in the market, ~t is advisable to authorize the City Manager to sell
the bonds when the interest rates are most advantageous to the City. The minimum net present value
savings must be 3 00% before the City Manager will authorize the refunding. Current market
conditions indicate the savings wall be greater than 3.00% however the actual amount of present
value savings will be determined when the bonds arc priced.
REQUIRED COUNCIL ACTION:
Approval of the Ordinance is required. The proposed Ordinance authorizes the City Manager to sell
the bonds and sign the bond purchase agreement to confirm the sale.
FUTURE COUNCIL ACTION:
Approval of the issuance of the remaining $35,000,000 of general obligation bonds for the Bond
2004 projects.
RECOMMENDATION:
City Staffrecommends approval of the Ordinance providing for the for the issuance of $94,670,000
of the general improvement and refunding bonds, series 2005, of the City of Corpus Christi, Texas,
and authorizing the City Manager to sell the bonds and sign the bond purchase agreement to confirm
the sale_
Cindy O'Brien
Director of Financial Services
Attachments:
Copy of Ordinance
Paying Agenl/Regism~r Agreement
Escrow Agxeement
2
ORDINANCE NO.
AN ORDINANCE PROVIDING FORTHE ISSUANCE OF
DOLLARS ($ ) OF THE GENERAL IMPROVEMENT AND
REFUNDING BONDS, SERIES 2005, OF THE CI'Pr' OF CORPUS CHRISTI,
TEXAS, BEARING INTERESTATTHE RATES HEREINAFTER SET FORTH, AND
PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX
SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A
SINKING FUND FOR THE PAYMENT OF THE PRINCIPAL THEREOF;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; APPROVING THE
EXECUTION OF A BOND PURCHASE CONTRACT AND AN ESCROW
AGREEMENT; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE.
WHEREAS, It is deemed advisable and to the best interest o1' the City o1: Corpus ChdstJ
(the "City" or/he 'Issuer") that cedaln bonds authorized at an election held November 2, 2004 be
combined in a single issue and sold at this time, the amount o[ bonds authorized thereat, purpose.
amount o1: bends previously sold, and the amount now to be sold bein9 as I~ollows:
AMOUNT AMOUNT AMOUNT
AUTHORIZED PURPOSE PREVIOUSLY SOLD NOW OFFERED
WHEREAS. the City Council has deten'~ined to authorize the re[unding of the outstanding
obligations o[ the City described in Schedule I attached to this ordinance (the "Re[unded
Obligations') to achieve a debt service savings with respect to Refunded Obligations; and
WHEREAS, Ihe bonds hereina[ler authorized are to be issued and delivered pursuant [o
Chapters 1207, 1251 and 1331, Texas Oovemmen[ Code. as amended, and the Charter of the
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
1. That the bond or bonds o[ the City of Corpus Chdsti, Texas (the "City" or the "Issuer')
to be called "General Improvement and Refunding Bonds, Sedes 2005' (the "Bonds" or the
"Series 2005 Bonds"), be issued under and by virtue of the Constitution and laws o[ the State of
Texas and the Charter of the City for the following purposes: Forty--Eight Million Five Hundred
Thirty Four Thousand Dollars ($48,534,000) for Ihe purpose of improving lhe streets of the City;
Four Hundred Thousand Dollars ($400,000) for the purpose o[ constructing t~re station
improvements; Two Million One Hundred Sixty Thousand Dollars ($2,160,000) I:or the purpose of
constructing library and learning center improvements; Seven Million Four Hundred and Six
Thousand ($7,406,000) I"or the purpose o1: constructing improvements to the Cily's parks and
recreation facilities; and One Million Five Hundred Thousand Dollars ($1,500,000) [or the purpose
of constructing Bayfront development improvements (all o[ such improvements approved at the
November 2, 2004 election hereinafter collectively called the "Project"),
($ ) for the purpose of retunding the Refunded Obligations, and for paying the costs
o[ issuance associated with the sale o[/he Sebes 2005 Bonds; all of which bonds aggregate in
principal amount the sum of Million Thousand Dollars
($ ).
2. That the Sedes 2005 Bonds shall be dated ,Iq '~e 1,2005, shall be in the denomination
of $5,000 each, or any integral multiple thereof (an "Authorized Denomination'), shall be
numbered consecutively from R-1 upward, and shall mature on the matudty date in each of the
years and in the amounts, and bear interest at the rates per annum, respectively, as set forth
below:
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YEARS
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
MATURITY DATE: SEPTEMBER
AMOUNTS ($)
INTEREST RATES (%)
For purposes of this Ordinance, the Bonds matudng on September 1,20__ are hereby designated
as 'Term Bonds." Interest shall be payable to the registered owner of any such Series 2005 Bond
in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordi-
nance. Interest shall be calculated on the basis o[ a 360 day year consisting of Iwelve 30 day
months.
3. That the City reserves the right ilo redeem the Sedes 2005 Bonds matudng on or after
September 1, 2016, in whole or in pad, on September 1, 2015 or on any date thereafter, for the
principal amount thereof plus acc~'ued interest thereon to the date fixed for redemption. The years
of matudly o1' the Sedes 2005 Bonds called for redemption at the option o1' the City pdor to stated
maturity shall be selected by the City. The Sedes 2005 Bonds or portions thereof redeemed within
a maturity shall be selected by lot or other method by the Paying Agent/Registrar (hereina[ter
defined); provided, that dudng any peded in which ownership of the Bonds is determined only by
a book entry at a securities depository for the Sedes 2005 Bonds, if fewer than all o1' the Sedes
-:3-
2005 Bonds of the same matudty and beadng the same interest rate are to be redeemed, the
particular Sedes 2005 Bonds o[ such matudty and beadng such interest rate shall be selected in
accordance with the arrangements belween the City and the securities depository
The Bonds [hat constitute Term Bonds under this Ordinance shall be subject to mandatory
sinking fund redemption, on the dates and in the amounts as set forth in the FORM OF BOND set
forth in this Ordinance.
4. That at least 30 days prior to the date fixed for any redemption of the Sedes 2005
Bonds, the City shall cause (i) a wdtten notice of such redemption to be deposited in the United
States mail, first-class postage prepaid, addressed to each such registered owner at his address
shown on the Registration Books (hereinafter del'ined) of the Paying Agent/Registrar and (ii) notice
of such redemption either to be published one (1) time in or posted electronically on the website
of a financial joumal or publication o[ general circulation in the United States of Amedca or the
State of Texas carrying as a regular feature notices o[ municipal bonds called for redemption;
provided however, that the I~ailure to send, mail, or receive such notice described in (i) above, or
any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness
oi' the proceedings [or the redemption of any Series 2005 Bond, and it is hereby specitically
provided that the provision of notice described in (ii) above shall be the only notice actually
required in connection with or as a prerequisite to the redemption of any Sedes 2005 Bonds. By
the date t~xed for any such redemption, due provision shall be made with the Paying
Agent/Registrar [or the payment of the required redemption price for the Sedes 2005 Bonds or the
portions thereof which are to be so redeemed, plus accrued inlerest thereon to the date t~xed for
redemption. If such notice of redemption is given, and if due provision [or such payment is made,
all as provided above, the Series 2005 Bonds or the portions thereof which are to be so
redeemed, thereby automatically shall be redeemed pdor to their scheduled maturities, and shall
not bear interest after the date tixed for their redemption, and shall not be regarded as being
outstanding except [or the dgh/of the registered owner to receive the redemption pdce plus
accrued interest to the date fixed [or redemption from the Paying Agent/Registrar out or the funds
provided for such payment. The Paying Agent/Registrar shall re~ord in the registration books all
such redemptions of principal o1' the Series 2005 Bonds or any portion thereof. If a portion of any
Series 2005 Bond shall be redeemed a substitute Sedes 2005 Bond or Sedes 2005 Bonds having
the same matudty date, bearing interest at the same rate, in any denominalion or denominations
in any integral multiple of $5,000, at the wdtten request o1: the registered owner, and in an
aggregate principal amount equal to the unredeemed portion /hereol~, will be issued to the
registered owner upon the surrender thereof [or cancellation, at the expense of the City, all as
provided in this Ordinance.
In addition to the [oregoing, the City shall cause the Paying Agent/Registrar to give notic~
of any such redemption in/he manner set forth in Section 5(h) hereo[. The [allure to cause such
notice to be given, however, or any defect therein, shall not affect the validity or effectiveness o1:
such redemption.
5. (a) That the City shall keep or cause to be kept at the designated corporate trust office
in Dallas, Texas (/he "Designated Trust O[fice") o[ The Bank o[ New York Trust Company, N.A
(the "Paying Agent/Registrar"), or such other bank, trust company, financial instituLion, or other
agency named in accordance with the previsions of (g) below, books or records of the registration
and transfer of the Sedes 2005 Bonds (the "Registration Books"), and the City hereby appoints
the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and
make such trens[ers and registrations under such reasonable regulations as the City and Paying
Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such trans[ers and
registrations as herein provided. It shall be the duty of/he Paying Agent/Registrar to obtain from
the registered owner and record in the Registration Books the address o1: such registered owner
of each bond to which payments with respect to the Series 2005 Bonds shall be mailed, as herein
provided. The City or its designee shall have the right to inspect the Registration Books dudng
regular business hours o1: the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar
shall keep the Registration Books confidential and, unless otherwise required by law, shall not
permit their inspection by any other entity. Registration of each Sedes 2005 Bond may be trans-
[erred in the Registration Books only upon presentation and surrender of such bond to the Paying
Agenl/Registrar for transfer o[ registration and cancellation, together with proper written
instruments of assignment, in [orm and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing the assignment of such bond, or any portion thereol' in an Authorized
Denomination, to the assignee or assignees thereof, and the dght of such assignee or assignees
to have such bend or any such portion thereol: registered in the name of such assignee or
assignees. Upon the assignment and transfer o[ any Sedes 2005 Bond or any portion thereof,
a new substitute bend or bends shall be issued in exchange therefor in the manner herein
provided. (b) The entity in whose name any Sedes 2005 Bond shall be registered in the
Registration Books at any time shall be treated as the absolute owner thereof [or all purposes of
this Ordinance, whether or not such bond shall be overdue, and the City and the Paying
Agent/Registrar shall notbe affected by any nol~ce to the contrary; and payment o[, oron account
of, the principal o1:, prem~,Jm, if any, and interest on any such bend shall be made only to such
registered owner. All such payments shall be valid and effectual to satisty and discharge the lia-
bility upon such bond to the extent o[ the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent
for paying the principal of and interest on the Sedes 2005 Bonds, and to act as its agent to
exchange or replace Sedes 2005 Bonds, all as provided in this Ordinance. The Paying
AgenlJRegistrar shall keep proper records of all payments made by the Cily and the Paying
AgenlJRegistrar with respect to the Sedes 2005 Bonds, and ot all exchanges thereof, and all
replacements thereof, as provided in this Ordinance.
(d) Each Series 2005 Bond may be exchanged for fully registered bonds in the manner
set forth herein. Each bond issued and delivered pursuant to this Ordinance, to [he extent of the
unredeemed principal amount thereof, may, upon surrender thereof at/he Designated Trust Office
of the Paying Agent/Registrar, Iogether with a u/ri[ten request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attomey~ or
representatives, with guarantee of signatures satisfactory to [he Paying Agent/Registrar, at the
option of the registered owner or such assignee or assignees, as appropriate, be exchanged for
fully registered bonds, without interest coupons, in the form prescribed in the FORM OF BOND,
in an Authorized Denomination (subject to the requirement hereinafter stated that each substitute
bond shall have a single stated matudty date), as requested in writing by such registered owner
or such assignee or assignees, in an aggregate principal amount equal to the unredeemed
principal amount of any Sedes 2005 Bond or Sedes 2005 Bonds so surrendered, and payable to
the appropriate registered owner, assignee, or assignees, as the case may be. If a portion of any
Series 2005 Bond shall be redeemed pdor to its scheduled matudty as provided herein, a
substitute bond or bonds having the same matudty date, beadng interest at [he same rate, in an
Authorized Denomination at the request of [he registered owner, and in an aggregate principal
amount equal to the unredeemed portion thereof, will be issued to the registered owner upon sur-
render thereof for cancellation. It any Sedes 2005 Bond or portion thereof is assigned and
lu'ansferred, each bond issued in exchange therefor shall have the same principal matudty date
and bear interest at the same rate as the bond for which it is being exchanged. Each substitute
bond shall bear a letter and/or number to distinguish it from each other bond. The Paying
-7-
Agent/Registrar shall exchange or replace Series 2005 Bonds as provided herein, and each fully
registered bond or bonds delivered in exchange for or replacement of any Sedes 2005 Bond or
portion thereof as permitted or required by any provision o1' this Ordinance shall constitute one of
the Series 2005 Bonds for all purposes of this Ordinance, and may again be exchanged or
replaced. It is spedfically provided, however, thai. any Sedes 2005 Bond delivered in exchange
[or or replacement of another Sedes 2005 Bond pdor to the first scheduled interest payment date
on the Series 2005 Bom:is (as stated on the face thereof) shall be dated the same date as such
Sedes 2005 Bond, but each substitute bond so delivered on or a~ter such first scheduled interest
payment date shall be dated as of the interest payment date preceding the date on which such
substitute bond is delivered, unless such substitute bond is delivered on an interest payment date,
in which case it shall bo dated as o¢ such date of delivery; provided, however, thai if at the time
of delivery of any substitute bend the interest on the bond for which it is being exchanged has not
been paid, then such substitute bond shall be dated as of the date to which such interest has been
paid in tull. On each substitute bond issued in exchange for or replacement of any Sedes 2005
Bond or Sedes 2005 Bonds issued under this Ordinance there shall be pdnted thereon a Paying
Agent/Registrar's Authentication Certificate, in the form hereinafter set forth in the FORM OF
BOND (the "Authentication Certificate"). An authodzed reqresentative of the Paying
Agent/Registrar shall, before the delivery of any such substitute bond, date such substitute bond
in the manner set forth above, and manually sign and date the Auu ~untication Certificate, and no
such substitute bond shall be deemed to be issued or outstanding unless the AuthenticetJon
Cerflfm. ate is so executed. The Paying Agent/Registrar promptly shall cancel all Series 2005
Bonds surrendered for exchange or replacement. No additional ordinances, orders, or resolutions
need be passed or adopted by the City Council or any other body or person so as to accomplish
the foregoing exchange or replacement of any Sedes 2005 Bond or portion hereof, and the Paying
AgentJRegistrar shall provide I'or the printing, execulion, and delivery ot the substitute bonds in
the manner proscribed herein. Pursuant to Chapter 1206, Texas Government Code, the duty
exchange or replacement ol~ any Sedes 2005 Bond as aforesaid is hereby Imposed upon the
Paying Agent/Regisbar, and, upon the execution ol: the Authentication Certificate, the exchanged
or replaced bond shall be valid, incontestable, and enforceable in the same manner and with the
same effect as the Series 2005 Bonds which originally were delivered pursuant to this Ordinance,
approved by the Attorney General, and registered by the Comptroller ol: Public Accounts. Neither
the City nor the Paying Agent/Registrar shall be required (1) to issue, transfer, or exchange any
bond during a peded beginning at the opening of business 30 days before the day o[ the tirst
mailing of a notice ol: redemption ol' bonds and ending at the close ol: business on the day o[ such
mailing, or (2) to transfer or exchange any bond so selected for redemption in whole when such
redemption is scheduled to occur within 30 calendar days.
(e) All Sedes 2005 Bonds issued in exchange or replacement of any other Sedes 2005
Bond or portion thereol:, (i) shall be issued in I:ully registered form, without interest coupons, with
the principal of and interest on such Series 2005 Bonds to be payable only to the registered
owners thereof, (ii) may be redeemed pdor to their scheduled maturities, (iii) may be transferred
and assigned. (iv) may be exchanged for other Series 2005 Bonds, (v) shall have the
characteristics, (vi) shall be signed and sealed, and (vii) the pdndpal of and interest on the Sedes
2005 Bonds shall be payable, all as provided, and in the manner required or indicated, in the
FORM OF BOND.
(f) The City shall pay the Paying Agent/Registrar's reasonable and customary fees and
charges [or making transfers of Sedes 2005 Bonds, bul the registered owner o[ any Sedes 2005
Bond requesting such Iransfer shall pay any taxes or other governmental charges required to be
paid with respect thereto. The registered owner o[ any Sedes 2005 Bond requesting any
-9-
exchange shall pay the Paying Agent/Registrar's reasonable and standard or customary fees and
charges for exchanging anysuch bond or portion thereof, together with any taxes or govemmental
charges required to be paid with respect thereto, all as a condition precedent to the exercise of
such privilege ol' exchange, except, however, that in the cese ol: the exchange of an assigned and
transferred bond or bonds or any portion or porth3ns thereof in any integral multiple of $5,000, and
in the case o1: the exchange o[ the unredeemed portion of a Sedes 2005 Bond which has been
redeemed in part prior to maturity, as provided in this Ordinance, such fees and charges will be
paid by the City. In addition, the City hereby covenants with the registered owners of the Sedes
2005 Bonds that it will (i) pay the reasonable and standard or customary fees and charges o[ the
Paying AgenURegistrar for its services with respect to the paymenl ot the principal of and interest
on the Series 2005 Bonds, when due, and (ii) pay the I:ees and charges of the Paying
Agent/Registrar [or services with respect to the transfer or registration of Series 2005 Bonds solely
to the extent above provided, and with respect to the exchange o[ Sedes 2005 Bonds solely to
the extent above provided.
(g) The City covenants with the registered owners of the Sedes 2005 Bonds that at all
times while the Sedes 2005 Bonds are outstanding the City will provide a competent and legally
qualified bank, trust company, financial institution, or other agency to act as and perform the
services ol~ Paying Agent/Registrar tor the Sedes 2005 Bonds under this Ordinance, and that the
Paying Agent/Registrar will be one entity. The City reserves the dght to, and may, at its option,
change the Paying Agent/Registrar upon not less than 60 days wdtten notice to the Paying
AgentJRegistrar. In the event that the entity at any time acting as Paying AgentJReglstrar (or its
successor by merger, acquisition, or other method) should resign or otherwise cease to act as
such, the City covenants that prompUy it will appoint a competent and legally quali~ed national or
slate banking institution which shall be a corporation organized and doing business under the laws
of/he United States o[ Amedce or o[ any state, authorized under such laws to exercise trust
powers, subject Io supervision or examination by federal or state authority, and whose
qualifications substantially are similar to the previous Paying Agent/Registrar to act as Paying
Agent/ Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar. the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Sedes 2005 Bonds.
to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in
the Paying Agent/Registrar, the City promptly will cause a wdften notice thereof to be sent by the
new Paying Agent/Registrar to each registered owner o1: the Series 2005 Bonds, by United States
mall. firet-dass postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to/he provisions of this Ordinance, and a ced~fied copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(h) (I) In addition to the manner of providing notice of redemption of Sedes 2005
Bonds as set torth in this Ordinance, the Paying Agent/Registrar shall give no[ice of redemption
oi: Series 2005 Bonds by United States mail, t~rst-class postage prepaid, at least 30 days pdor to
a redemption date to each NRMSIR and the SID (each as de§ned in Section 14 hereof). In
addition, in the event of a redemption caused by an advance refunding of the Series 2005 Bonds,
the Paying Agent/Registrar shall send a second notice of redemption to the persons specilied in
the immediately preceding sentence at least 30 days but not more Ihan 90 days pdor to Ihe actual
redemption date. Any notice sent to the NRMSlRs or the SIE) shall be sent so that they ere
received at least two days pdor to the general mailing or publication date o[ such notice. The
Paying Agent/Registrar shall also send a notice of redemplion to any owner o[ a Sedes 2005 Bond
who has not sent the Series 2005 Bonds in for redemption 60 days after the redemption date.
(ii) Each redemption notice, whether required in the FORM OF BOND or otherwise by
this Ordinance, shall contain a description o[ the Sedes 2005 Bonds to be redeemed, including
the complete name of the Sedes 2005 Bonds, the sedes, the date of issue, the interest rate, the
matudD/date, the CUSIP number, if any, the amounts called o[ each certificate, the publication
and mailing date for the notice, the date of redemption, the redemption price, the name of the
Paying Agent/Registrar and the address at which the Sedes 2005 Bond may be redeemed,
including a con[ad person and telephone number.
(iii) All redemption payments made by the Paying AgenlJRegistrar to the registered
owners o[ the Sedes 2005 Bonds shall include CUSIP numbers relating to each-amount paid to
such registered owner.
6~ That the form of all Series 2005 Bonds, including the form of the Comptroller's
Registrabon Certificate to accompany the Sedes 2005 Bonds on the initial delivery thereof, the
form of the Authentication Cedificate, and the Form of Assignment to be printed on each of the
Sedes 2005 Bonds, shall be, respectively, substantially as set forth in Exhibit A !o~is Ordinance,
with such appropriate variations, omissions, or insertions as are permitted or required by this
Ordinance.
7. (a) That a special fund or account, to be designated the 'CID/of Corpus Chdsti, Texas
Sedes 2005 General Improvement and Refunding Bonds Interest and Sinking Fund" (the "Interest
and Sinking Fund") is hereby creat~u and shall be established and maintained by the CID/at its
official depository bank. The Interest and Sinking Fund shall be kept separate and apart from all
other funds and accounts of the CID/, and shall be used only for paying the interest on and
principal of the Sedes 2005 Bonds. All taxes levied and collected for and on account of the Sedes
2005 Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund.
Dudng each year while any of the Sedes 2005 Bonds is outstanding and unpaid, the CiD/Council
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of the City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest
approved tax rolls of the City, with tull allowances being made for tax delinquencies and costs ot
tax collections, which will be sufficient to raise and produce the money required to pay the interest
on the Sedes 2005 Bonds as such interest comes due, and to provide a sinking fund to pay the
principal of the Series 2005 Bonds as such principal matures, but never less than 2% of the
odginal pnncipal amount of the Sedes 2005 Bonds as a sinking I:und each year. Said rate and
amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable
property in the City for each year while any of the Series 2005 Bonds is outstanding and unpaid,
and said ad valorem tax shall be assessed and collected each such year and deposited to the
credit of the Interest and Sinking Fund. The ad valorem taxes necessary to pay the interest on
and principal of the Sedes 2005 Bonds. as such interest comes due, and such principal matures,
are hereby pledged for such purpose, within the limit prescribed by law. There shall be
appropriated from the General Fund ol~ the City for deposit into the Interest and Sinking Fund
moneys as may be necessary to pay the first scheduled interest payment on the Sedes 2005
Bonds. The rate of ad valorem tax thai may be levied in connection w~th the paymenl of the debt
service on that portion o1: the Series 2005 Bonds issued to t~nance the construction of the Project
and to refund those Refunded Obligations that represent bonds approved by the voters
subsequent to Apdl 5, 1993 may be set at such a rate such that the aggregate rate of ad valorem
tax levied by the City in any fiscal year may exceed the 68 cent per $100 tax rate cap provided
in the City Charter, as such Sedes 2005 Bonds fall within the provisions of the City Charter, as
amended by the vote of the citizens on Apdl 4, 1993, that permit said r-ate cap to be exceeded for
bonds approved by the citizens at an election held [or such purpose.
(b) Chapter 1208, Texas Government Code, applies to the issuance of the Sedes 2005
Bonds and the pledge of ad valorem taxes made under Section 7(a) of this Ordinance, and such
pledge is therefore valid, effective, and perfected, if Texas law is amended at any time while the
Sedes 2005 Bonds are outstanding and unpaid such that the pledge of ad valorem taxes made
by the City under Section 7(a) of this Ordinance is to be subject to the tiling requirements of
Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners
of the Sedes 2005 Bonds the perfection of the secudty interest in said pledge, the City agrees to
take such measures as it de/ermines are reasonable and necess, ary under Texas law to comply
with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a I'iling
to perfect the secudty interest in said pledge to occur.
8. (a) That in the event any outstanding Sedes 2005 Bond is damaged, mutilated, lost,
stolon, or destroyed, the Paying Agent/Regist/ar shall cause to be pdnted, executed, and
delivered, a new bond of the same principal amount, maturity, and interest rate. as the damaged,
mutilated, lost, stolen, or destroyed Sedes 2005 Bond, in replacement for such Sedes 2005 Bond
in the manner hereinafter provided.
(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Sedes
2005 Bonds shall be made to the Paying Agent/Registrar. in ever./ case or loss, theft, or
destruction of a Series 2005 Bond, the applicant for a replacement bond shall furnish to the City
and to the Paying AgenfJRegistrar such security or indemnity as may be reduire~ by them to save
each or them ham~less from any loss or damage with respect thereto. Also, in every case of loss,
theft, or destruction of a Series 2005 Bond, the applicant shall rumish to the City .,~d to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Series 2005
Bond, as the case may be. In every case of damage or muUlatlon or a Series 2005 Bond, the
applicant shall surrender to the Paying Agent]Registrar for cancellation the Sedes 2005 Bond so
damaged or mutilated.
(c) Notwithstanding the foregoing provisions of this Section, in the event any such Sedes
2005 Bond shall have matured, and no de[ault has occurred which is then continuing in the
payment o1: the principal o1:, redemption premium, if any, or interest on the Sedes 2005 Bond, the
City may authorize the payment of the same (without surrender thereof except in the (~se o1: a
damaged or mutilated Sedes 2005 Bond) instead of issuing a replacement Sedes 2005 Bond,
provided secudty or indemnity is I~umished as above provided in this Sec'don,
(d) Pdor to the issuance o1: any replacement bond, the Paying Agent/Registxar shall charge
the owner o1: such Series 2005 Bond with all legal, printing, and other expenses in connection
therewith, Every replacement bond issued pursuanl to the provisions of this Section by virtue of
the fact that any Sedes 2005 Bond is lost, stolen, or destroyed shall constitute a contractual
obligation ot the City whether or not the lost, stolen, or destroyed Series 2005 Bond shall be found
at any time, or be enforceable by anyone, and shall be entitled to all the bene~ts o1: this Ordinance
equally and proportionately with any and all other Sedes 2005 Bonds duly issued under this
Ordinance.
(e) In accordance with Chapter 1206, Texas Government Code, this Section o[ this
Ordinance shall constitute authority for the issuance o[ any such replacement bond without
necessity or' further action by the governing body o[ the City or any other body or person, and the
duty ol~ the replacement ot such bonds is hereby authorized and imposed upon the Paying
Agent/Registrar, subject to the conditions imposed by this Section 8 o[ this Ordinance, and the
Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with
the effect, as provided in Section 5(d) of this Ordinance for Sedes 2005 Bonds issued in exchange
for other Series 2005 Bonds.
9. That the City Manager o¢ the City is hereby authorized to have control o[ the Sedes
2005 Bonds and all necessary records and proceedings pertaining to the Series 2005 Bonds
pending their delivery and their investigation, examina§on and approval by the Altoroey General
ol~ the State of Texas, and their registration by the Comptroller ol~ Public Accounts of the State of
Texas. Upon registration o¢ the Series 2005 Bonds, the Comptroller of Public Accounts (or a
deputy designated in wdting to act I~or said Comptroller) shall manually sign the Comptroller's
Registration Certi~cate accompanying the Series 2005 Bonds, and the seal ol~ said Comptroller
shall be impressed, or placed in i~acsimile, on each such certifm_.ate.
10. That the sale of the Bonds to J.P.Morgan Securities, Inc., as representative I~or the
underwriters named in the hereinafter de[ined Purchase Contract (the 'Underwritem"), at the
purchase pdce described in the bond purchase agreement between the City and the Underwriters
(the "Purchase Contract"); is hereby authorized, ratified and con[in'ned. One Bond in [he pdndpal
amount matudng on each matudty date as set I~orth in the Purchase Contract shall be delivered
to the Underwriters, and the Underwriters shall have the dght to exchange such bonds as provided
in Section 5 hereol~ without cost. The Purchase Contract sa~ng forth the ten'ns ol~ the sale ol~ the
Bonds to the Underwriters, in substantially the i~orm attached to this Ordinance, is hereby
accepted, approved and authorized to be delivered in executed l~orm to the Underwdtem. The
Mayor and the City Manager each is hereby authorized, severally but not jointly, to execute and
deliver the Purchase Contract on behall~ of the City. The "Official Statement" prepared in
connexion with the sale ol~ the Bonds, in substantially the form attached to this Ordinance, is
hereby accepted, approved and authorized to be delivered in executed I~orm to the Underwriters.
The u~o of the 'Preliminary Official Statement' prepared in connection with the sale of the Bonds
is hereby ratified.
11. That the Issuer covenants to take any action to assure, or refrain [rom any action
which would adversely affect, the treatment ol~ the Sedes 2005 Bonds as obligations described
in section 103 ol~ the Internal Revenue Code ol~ 1986 (the 'Code"), lhe interest on which is nol
includable in the 'gross income" of the holder for purposes ol' I'ederel income taxation. In
furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no mom than 10 percent of the proceeds
of the Sedes 2005 Bonds or the projects financed/herewith (less amounts deposited to
a reserve fund, if any) are used for any "pdvate business use', as defined in section
141(bX6) o¢ the Code or, if moro than 10 percent of the proceeds are so used. that
amounts, whether or not received by the Issuer. with respect to such pdvata business use,
do not. under the terms of this Ordinance or any underlying arrangement, diroctly or
indirectly, secure or provide for the payment ol: moro than 10 percent of the debt service
on the Sedes 2005 Bonds, in contravenUon of section 141(b)(2)of the Code;
(b) to take any acfion to assuro that in the event that the "pdvate business use"
described in subsection (a) hereof exceeds 5 percent o[ the proceeds of the Sedes 2005
Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if
any) then the amount in excess of 5 percent is used for a "private business use" which is
"related' and not 'disproportionate", within the meaning of section 141(bX3) o[ the Code,
to the governmental use;
(c) to take any action to assuro that no amount which is greater than the lesser
of $5,000,000, or 5 percent of the proceeds of the Sedes 2005 Bonds (less amounts
deposited into a roserve fund, if any) is directly or indlrectJy used to finance loans to per-
sons, other than state or iocal governmental units, in contravention of section 141(c) of the
Code;
(d) to refrain from taking any action which would otherwise result in the Sedes
2005 Bonds being troated as 'pdvate activity bonds" within the meaning of section 141(b)
of the Code;
(e) to refrain from taking any action that would result in the Sehes 2005 Bonds
-17-
being "federally guaranteed" within the meaning of section 149(b) o[ the Code;
(0 to refrain from using any portion of the proceeds o[ the Sedes 2005 Bonds,
directly or indirectly, to acquire or to replace I~unds which were used, directly or indirectly,
to acquire investment property (as defined in section 148(b)(2) of the Code) which produc-
es a materially higher yield over the ten'n o[ the Sedes 2005 Bonds, other than investment
property acquired with -
(1) proceeds o[ the Series 2005 Bonds invested [or a reasonable
temporary pedod o[ three yearn or less or, in the case ota current rei'unding, o[ 90
days or less or, in the case of an advance refunding, of 30 days or less, until such
proceeds are needed for the purpose for which the Sedes 2005 Bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the
meaning of section 1.148-1(b) o[ the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or
replacernen[ [und to the extent such amounts do not exceed 10 percent of the
proceeds o[ the Series 2005 Bonds;
(g) to otherwise restdct the use of the proceeds of the Sedes 2005 Bonds or
amounts treated as proceeds of the Ser~.s 2005 Bonds, as may be necessary, so that the
Sedes 2005 Bonds do not otherwise cona-avene the requirements o1" section 148 o[ the
Code (relating to arbitrage) and, to ff, o ,~xtent applicable, seclJon 149(d) of the Code
(relating to advance refundings); and
th) to pay to the United States ot America at least once dudng each five-year
pedod (beginning on [he date of delivery o[ the Sedes 2005 Bonds) an amount that is at
leasl: equal to 90 percent ot the "Excess Earnings", within the meaning of sec[ion 148(0
of the Code and to pay to the United States o[ Amedca, not later than 60 days alter the
Sedes 2005 Bonds have been paid in full, 100 percent o[ the amount then required to be
paid as a result o[ Excess Earnings under section 148([) of the Code.
For purposes ol: the foregoing clauses (a) and (b) above, the issuer understands that/he term
"proceeds" includes'disposition proceeds' as de[ineq in the Treasury Regulations and, in the case
of a rehJnding bond, bans[erred proceeds (if any) and proceeds ol: the rel~unded bonds expended
prior to the date o[ the issuance ol: the Bonds. It is the understanding o[ the Issuer that the
covenants contained herein are intended to assure compliance with the Code and any regulations
or rulings promulgated by the U .S. Department o[ the Treasury pursuant thereto. In the event that
regulations or rulings are hereafter promulgated which modify or expand provisions o[ the Cede,
as applicable to the Bonds,/he Issuer will not be required to comply with any covenant contained
herein to the extent that such I'ailure [o comply, in the opinion o[ nationally-recognized bond
counsel, will not adversely affect the exemption from I'ederal income taxation ol' interest on the
Bonds under section 103 ol' the Code. In [he event that regulations or rulings are herea[ter
promulgated which impose additional requirements which are applicable to the Bonds, the Issuer
agrees to comply with [he additional requirements to the extent necessary, in the opinion of
nationally-recognized bond counsel, to preserve the exemption from federal income taxation o[
interest on the Bonds under section 103 ol: the Code. in I~urlherance oi: the I:oregoing, the Mayor,
the City Manager, any Assistant City Manager, and the Director of Financial Services may execute
any certificates or other repods required by the Code and to make such elections, on behall' of the
City, which may be permitted by the Code as are consistent with the purpose [or the issuance
the Bonds.
in order to fadlitate compliance with /he above clause th), a "Rebate Fund' is hereby
established by the City for the sole benefit o[ the United States of America, and such Rebate Fund
shale not be subject to [he claim of any other person, including without limitation the registered
owners of lie Bonds. The Rebate Fund is established for the additional purpose of compliance
with section 148 ot the Code.
12. That the City covenants to account [or on its books and records the expenditure of
proceeds from the sale of the Sedes 2005 Bonds and any investment earnings thereon to be used
for the Project in accordance with the requirements ot the Code. The City recognizes that in order
for Ihe proceeds to be considered used for the reimbursement of costs, the proceeds must be
allocated to expenditures within 18 months of Ihe later ot the date that (a) the expenditure on a
Project is mede or (b) each such Project is completed; bul in no evenl later than three years after
the date on which the original expenditure is paid. The foregoing nolwithstanding, the City
recognizes that in order for proceeds to be expended under the Code, the sale proceeds or
investment earnings must be expended no more than 60 days a¢ter the earlier of (a) the fi[th
anniversary o[ the date of delivery o[ the Sedes 2005 Bonds or (b) lhe date the Sedes 2005 Bonds
are retired. The City agrees to obtain the advice of a nationally~ecognized bend counsel if such
expenditure fails to comply with the foregoing to assure that such expenditure will not adversely
affect the tax-exempt status o[ the Series 2005 Bonds. For purposes o[ this Section, the City shall
not be obligated to comply with [his covenant if it oblains an opinion of a nationally-recognized
bond counsel to the e~fect that such failure to c~mply will not adversely a~ect the excludability for
federal income tax purposes from gross income o[ the interest.
13. That the Issuer covenants thai Ihe property constituting a Project or other ~,,u~erty
financed or refinanced with the proceeds o1' the Sedes 2005 Bonds will not be sold or otherwise
disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation,
unless the Issuer oblains an opinion o[ nationally-recognized bond counsel substantially to the
effect that such sale or other disposition will not adversely a[fecI the tax-exempt status o[ Ihe
Sedes 2005 Bonds. For purposes o[ this Section, the portion of the property comprising personal
property and disposed of in the ordinary course of business shall not be treated as a transaction
resulting in the receipt of cash or other cornpensation. For purposes of this Section, ~e Issuer
shall not be obligated to comply with this covenant if it obtains an opinion of nationally-recognized
bond counsel to ~e effect that such I:ailure to comply will not adversely affect the excludability for
federal income tax purposes from gross income of Re interest.
14. (a) Definitions. That as used in this Section, the following terms have the meanings
ascribed to such lerms below:
"MAC' means the Municipal Advisory Council of Texas.
"MSRB" means the Municipal Securities Rulemeking Board.
"NRMSIR' means each person whom the SEC or its staff has determined to be a
nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
'Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC' means the United States Securities and Exchange Commission.
"SID' means any person designated by the State ct Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
ini'ormat. Jon depository within the meaning of the Rule from time to time. The MAC curren Uy serves
as the SID for the State of Texas.
(b) Annual Repocts. (i) The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year ending In or after 2005, financial information
and operating data with respect to the City of the general type included in the final Official
Statement authorized by Section 10 of this Ordinance, being the information described in Exhibit B
hereto. Any financial statements so to be provided shall be (1) prepared in accordanco with the
accounting principles described in Exhibit B hereto, or such other accounting principles as the City
may be required to employ from time to time pursuant to state law or regulation, and (2) audited,
if the City commissions an audit ct such statements and the audit is completed within the pedod
dudng which they must be provided. If the audit of such financial statements is not complete
-21-
within such period, then the City shall provide unaudited financial statements by the required time,
and shall provide audited 6nancial statements for the applicable fiscal year to each NRMSIR and
any SID, when and if the audit report on such statements becomes available.
(ii) If the City changes its ~scal year, it will notify each NRMSIR and any SID of the change
(and of ~ date of the new fiscal year end) prior to the next date by which the City otherwise
would be required to provide I~nancial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may be set
forth in full in one or more documents or may be included by specific reference to any document
(including an official statement or other offedng document, if it is available from the MSRB) that
theretofore has been provided to each NRMSlR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Sedes 2005 Bonds,
if such event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting I~nancial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Sedes
2005 Bonds; ~
7. Modifications to dghts of holders of the Sedes 2005 Bonds;
8. Sedes 2005 Bond calls;
9. Defeasances;
'. 3. Release, substitution, or sale of property secudng repayment of the Sedes
2005 Bonds; and
11. Rating changes.
The City shall nol~/any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide I~nancial information or operating data in accordance with subsection
(b) 01" this Section by the time required by such subsection. Any tiling under this Section may be
made solely by transmitting such tiling to the MAC as provided at http://www.disclosureusa.org,
unless the SEC has withdrawn the interpretive advice stated in its lelter to the MAC dated
September 7, 2004.
(d) Limitations, Disclaimers, andAmendrnents. (i) The City shall be obligated to observe
and perform the covenants specified in this Section I'or so long as, but only [or so long as, the City
remains an "obligated person" with respect to the Sedes 2005 Bonds within the meaning or the
Rule, except thai the City in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes any Sedes 2005 Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial
owners of the Sedes 2005 Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable dght, remedy, or claim hereunder to any other person. The City
undertakes to provide only the I'inancial information, operating data, l~nancial statements, and
notices which it has expressly agreed to provide pursuant Io this Section and does not hereby
undertake to provide any other inlormation Ihal may be relevant or matedal to a complete
presentation o[ the City's financial results, condition, or prospects or to update any information
provided in accordance with this Section or otherwise, except as expressly provided herein. The
City does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Sedes 2005 Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY SERIES 2005 BOND OR ANY OTHER PERSON, IN CONTRACT
OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED
TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the City in observing or performing ils obligations under this Section shall
compdse a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nolhing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties o1' the City under federal and state securities laws.
(v) The provisions o[ this Section may be amended by the City [rom time to time to adapt
to changed circumstances that adse from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions
ot this Section, as so amended, would have perrnilted an underwriter [o purchase or sell Sedes
2005 Bonds in the primary offedng of the Sedes 2005 Bonds in compliance with the Rule, taking
into account any amendments or interpretations of the Rule since such offedng as well as such
changed circumstances and (2) either (a) the holders o[ a majodty in aggregate principal amount
(or any greater amount required by any other provision of this Ordinance that authorizes such an
amendment) of the outstanding Sedes 2005 Bonds consent to such amendreent or (b) a person
that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendreent will not materially impair the interest o[ the holders and beneficial owners o[ the Sedes
2005 Bonds. I[ the City so amends the provisions o[ this Section, it shall include ','ath any
amended financial information or operating data next provided in accordance with subsection (b)
oi' this Section an explanation, in narrative form, o[ the reason for the amendment and of the
impact o[ any change in the type of tinancial information (:~- r, perating data so provided. The City
may also amend or repeal the provisions of this continuing disclosure agreement if the SEC
amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters
judgment that such provisions o[ the Rule are invalid, but only if and to the extent that the
provisions o[ this sentence would not prevent an underwriter [rom lawfully purchasing or selling
Sedes 2005 Bonds in the pdreary offedng of the Series 2005 Bonds.
-24-
15. That interest earnings dedved from the investment of proceeds from [he sale of the
Sedes 2005 Bonds shall be used along with other available bond proceeds [or the construction
of the Project for which a portion of the Series 2005 Bonds are issued; provided, that after
completion of such permanent improvemenls, if any of such interest earnings remain on hand,
such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided,
however, that any interest eamings on bond proceeds which are required to be rebated to the
United Slates of Amedca pursuant to Section 11 hereof in order to prevent the Series 2005
Bonds from being arbitrage bends shall be so rebated and not considered as interest earnings
for the purposes of this Section.
16. That the Series 2005 Bonds initially shall be issued and delivered in such manner
that no physical dislributlen of the Sedes 2005 Bonds will be made to [he public, and The
Depository Trust Company ("DTC'), New York, New York, initially will act as depository for [he
Sedes 2005 Bonds. DTC has reprosenlad that it is a limited purpose bust company incorporated
under Ihe laws of Ihe State of New York, a member of the Federal Reserve System, a "clearing
corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing
agency' registered under Section 17A of the Securities Exchange Act of 1934, as amended, and
the City accepts, but in no way verifies, such represenlaUons. The Sedes 2005 Bonds initially
authorized by this Ordinance shall be delivered to and registered in [he name of CEDE & CO., Ute
nominee of DTC. It is expected [hat DTC will hold the Series 2005 Bonds on behalf of Ute
Underwriters and [heir participants. So long as each Sedes 2005 Bonds is registered in the name
of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC the same in all respects
as if it were the actual and benefidal owner thereof. It is expected that DTC will maintain a book-
enb~ system which will identJ['y ownership of the Series 2005 Bonds in integral amounts of $5,000,
with transfers of ownership being effected on the records of DTC and its participants pursuant to
rules and regulations established by them, and that the Sedes 2005 Bonds initially deposited with
DTC shall be immobilized and not be lurther exchanged for subslitule Sedes 2005 Bonds except
as hereinafter provided. The City is nol responsible or liable for any [unctions ol DTC, will not be
responsible lor paying any fees or charges with respect to its services, will not be responsible or
liable for maintaining, supervising, or reviewing the records ol DTC or its participants, or protecting
any interests or rights ol the beneficial owners o[ the Sedes 2005 Bonds. It shall be the duty o[
the DTC Participants, as defined in the Official Statement herein approved, to make all
arrangements with DTC to establish this book-entry system, the beneticial ownership of the Sedes
2005 Bonds, and the method of paying lhe lees and charges o[ DTC. The City does not
represent, no~ does it in any way covenant that the initial beok--en[ry system established with DTC
will be maintained in the [uture. Notwithstanding the initial establishment ol lhe [oregoing book-
entry system w~th DTC, if tot any reason any o[ the originally delivered Sedes 2005 Bonds is duly
filed with the Paying AgenlJRegistrar with proper request for transfer and substitution, as provided
for in this Ordinance, substJlute Series 2005 Bonds will be duly delivered as provided in this
Ordinance, and there will be no assurance or representation that any book-entry system will be
maintained for such Sedes 2005 Bonds. In connection with the initial establishment o[ the
foregoing book-entry system with DTC, the City heretofore has executed a "Blanket Letter o[
Represenlalions" prepared by DTC in order to implement the book-entry system described above.
17. (a) Deemed Paid. That any Series 2005 Bond and the interest thereon shall be
deemed to be paid, retired and no longer outstanding (a "Deleased Bond")within the meaning o[
this Ordinance, except to the extent provided in subsection (e) of this Section, when payment o[
the principal of such Sedes 2005 Bond, plus interest thereon to the due date (whether such due
date be by reason of matudty or otherwise) either ti) shall have been made or caused to be made
in accordance with the terms thereo[, or (ii) shall have been provided lor on or be[ore such due
date by irrevocably depositing with or making available to the Paying AgentJRegistrar in
accordance with an escrow agreement or other instrument (the 'Future Escrow Agreement") [or
such payment (1) lawful money of the United States ol~Amedca sufficient to make such payment
and/or (2) De[easance Securities that mature as to pdncJpal and interest in such amounts and at
such times as will insure the availability, without reinvestment, o[ sufficient money to provide I~or
such payment, and when proper arrangements have been made by the City with the Paying
Agenl/Registrar [or the payment ot Its services until ail Defeased Bonds shall have become due
and payable. At such time as a Senes 2005 Bond shall be deemed to be a Defeased Bond
hereunder, as aforesaid, such Sedes 2005 Bond and the interest thereon shall no longer be
secured by, payable [rom, or entitled to the bene~ts o[, the ad valorem taxes or revenues herein
levied and pledged as provided in this Ordinance, and such principal and Interest shall be payable
solely [rom such money or Defeasance Securities. Upon entedng into the Future Escrow
Agreement with respect to any such Series 2005 Bonds so de[eased, such Sedes 2005 Bonds
shall no longer be outstanding [or any purpose except for right o[ payment, and all rights ol" the
City to take any other action amending the terms o[ such Sedes 2005 Bonds shall be
extJnguished.
(b) Invesl~nents. Any moneys so deposited with the Paying Agent/Registrar may at the
wdtten direction of the City be invested in Defeasance Securities, matudng In the amounts and
times as hereinbefore set [orth, and all income [rem such De[easanse Secodties received by the
Paying Agent/Registrar that is not required [or the payment o[ the Series 2005 Bonds and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the
City, or deposited as directed in wdting by the City. Any Future Escrow Agreement pursuant to
which the money and/or Defeasance Securities are held for the payment o[ Defeased Bonds may
contain provisions permitting the investment or reinvestment of such moneys in Defeasance
-27-
Securities or the substitution of other Defeasance Securities upon the saris[action o[ the
requirements specified in subsection (aXi) or (ii) above. All income from such Del~easance
Securities received by the Paying AgenlJRegistrar which is not required for the payment ol" lhe
Del"eased Bonds, with respect to which such money has been so deposited, shall be remitted to
the City or deposiled as direcled in writing by lhe City.
(c) Selection of Defeased Bonds. In the event Ihal the City elects Io defease less than all
of the principal amount ot Sedes 2005 Bonds ol~ a matudly, the Paying Agent/Registrar shall
select, or cause to be selected, such amount of Sedes 2005 Bonds by such random method as
it deems i'air and appropdale.
(d) Defeasance Obligations. The term "Deteasanse Securities' means (I) direct, noncallable
obligations ot the United States o[ America, including obligations that are unconditionally
guaranteed by the United Stales of America, (ii) noncallable obligations of an agency or
insl~umenlality o1' the United Stales oi" Amedca, including obligations that are unconditionally
guaranteed or insured by the agency or instrumentality and that, on the date o[ the purchase
thereof are rated as to investment quality by a nationally recognized investment rating I~rm not less
than AAA or ils equivalent, and (iii) noncatiable obligations ota state or an agency or a county,
municipality, or other political subdivision of a slate that have been rel"unded and that, on the date
the governing body ot the City adopts or approves the proceedings authorizing lhe l"inanclal
arrangements are rated ~:: to investment quality by a nationally recognized investment rating 6tm
not less Ihan AAA or its equivalent.
(e) Cont~huingDutyofPayingAgent/Registrar. UntilallSedes2005 Bonds del"eased under
this Section of this Ordinance shall become due and payable, Ihe Paying Agenl]Regisb'ar for such
Series 2005 Bonds shall perform the se~ices o[ Paying Agent/Registrar for such Sedes 2005
Bonds the same as if they had not been defeased, and the Cily shall make proper arrangements
-28-
to provide and pay for such services.
18. That the City hereby finds that the issuance of the Sedes 2005 Bonds for the purpose
of refunding the Refunded Obligations to realize a net present value savings is a public purpose.
The refunding ot the Refunded Obligations will produce a net present value savings o[
$ and a gross savings of $ . In addition, the City hereby
determines that the Refunded Obligations shall be called for redemption on the redemption date
or dates se[ forth in Schedule I, at the applicable redemption price to the date fixed for redemption
as provided in Schedule I. The City Manager or the designee thereof shall take such actions as
are necessary to cause the required notice of redemption io be given in accordance with the terms
of each ordinance I'or the Refunded Obligations called for redemption.
19. That the City Manager of the City is hereby authorized and directed to execute, the
City Secretary is authorized [o attest, and the City Altomey is authorized to approve as to form,
on behalf ot the City, the Escrow Agreement covering the use o[/he moneys to be deposited in
accordance with the terms thereof, for the benetit ot the holders of the Rel:unded Obligations
being retired with the proceeds [rom the sale oi" the Sedes 2005 Bonds, between the City and the
escrow agent named therein, in substantially the form aa[ached to this Ordinance.
20. That the proceeds [rom the sale of the Bonds shall be used in the manner described
in the letter of instructions executed by or on behalf oi: the City. The I~oregoing notwithstanding,
proceeds representing accrued interest on the Bonds shall be deposited to the credit of the
Interest and Sinking Fund and proceeds representing premium on the Series 2005 Bonds shall
be used in a manner consistent 'w~th the provisions of V.T.C.A., Government Code, Section
1201.042(d).
21.
That on the date of delivery of the Sedes 2005 Bonds, the City will obtain from
(the "Insurer") a municipal bend insuranc~ policy in support of
-29-
the Sedes 2005 Bonds. To that end, for so long as said poticy is in effect, the ordinance
requirements o[ the Insurer, as a condition to the issuance of said policy, attached to this
Ordinance are incorporated by reference into this Ordinance and made a part hereof [or all
purposes, notwithstanding anyother provision of this Ordinance to the conlrary. The Cily Manager
and any Assistant City Manager shall have the authodly to execute any documents to effect the
issuance of said policy by the Insurer.
22. That the findings set [odh in the preamble to this Ordinance are hereby incorporated
into the body o[ this Ordinance and made a part hereof for all purposes. All ordinances and
resolutions or parts thereof in conflict herewith are hereby repealed. For all purposes o[ this
Ordinance, unless [he conlext requires otherwise, all references to designated Sections and other
subdivisions are to the Sec.,~ons and other subdivisions of this Ordinance. The words "herein",
"hereof and 'hereunder" and other words of similar import re[er to this Ordinance as a whole and
not to any particular Section or other subdivision. Except where the context otherwise requires,
terms defined in this Ordinance to impart the singular number shall be considered to include the
plural number and vice versa. References to any named person means that party and its
successors and assigns. References to any constitutional, statutory or regulatory prevision means
such provision as it exists on the date this Ordinance is adopted by the City and any future
amendments thereto or successor provisions thereof. Any reference to the payment of principal
in this Ordinance shall be deemed to include the payment o[ .~y mandatory sinking fund
redemption payments as described herein. Any reference to 'FORM OF BOND" shall refer to
the form of the Sedes 2005 Bonds set forth in Exhibit A to this Ordinance. The titles and headings
o[ the Sections and subsections o[ this Ordinance have been inserted for convenience o[
reference only and are not to be considered a part hereof and shall not in any way modify or
restrict any of the terms or provisions hereof.
23, That the Mayor, the City Secretary or Assistant City Secretary, the City Manager, the
Director of Financial Services and all other officers, employees, and agents o[ the City, and each
of them, shall be and they are hereby expressly authorized, empowered, and directed from time
to time and at any time to do and perform all such acts and things and to execute, acknowledge,
and deliver in the name and under the seal and on behalf of the City all such instruments, whebher
or not herein mentioned, as may be necessary or desirable in order to carry out the terms and
provisions o[ this Ordinance, the Series 2005 Bonds. the Pumhase Contract. the Escrow
Agreement, the offedng documents prepared in connection with the sale of the Sedes 2005
Bonds, or the Paying Agent/Registrar AgreemenL In case any officer whose signature appears
on any Series 2005 Bond shall cease to be such officer be[ore the delivery o[ such Sedes 2005
Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if he
or she had remained in office until such delivery.
24. That it is hereby officially found and determined that the meeting at which this
Ordinance was passed was open to the public, and public no[ice of the lime, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Govemrnen[ Code, as amended.
in accordance with the provisions of V,T.C.A., Government Code, Section '~201.O2B, this
Ordinance shall be e[fecLive immediately upon its adoption by the CiD/Council
-31-
ADOPTED this June 14, 2005.
A'I-I'EST:
Mayor, City o[ Corpus Christi, Texas
City Secretary,
Cib~ o[ Corpus Chdsti, Texas
(SEAL)
APPROVED THIS 14TH DAY OF JUNE, 2005:
MARY KAy FISCHER, CITY ATTORNEY
-32-
SCHEDULEI
(1) Combination Tax and Revenue Certificates of Obligation, Series 1993:
Interesl Par
Matudty Date Rate (%) Amount(S) Call Date
12/01/2006 5.500 50,000 12/01/2005
06/01t'2007 5.500 50,000 12/01/2005
12/01/2007 5.500 50,000 12/01/2005
06/01/2008 5.500 60,000 12/01/2005
12/01/2008 5.500 50,000 12/01/2005
CallPdce
101.000
101.000
101.000
101.000
101.000
(2) CombinatJon Tax and Solid Waste Certificates ol' Obligation, Sedes 1995
Interest Par
Maturity Date Rate (%) Amo,unt($) Call Date
03/01/2007 4.900 550,000 09/01/2005
03/01/2008 5.000 575,000 09/01/2005
03/01/2009 5.000 625,000 09/01/2005
03/01/2013 5.125 775,000 09/01/2005
03/01/2014 5.200 800,000 09/01/2005
03/01/2015 5.200 850,000 09/01/2005
(3) Combination Tax and Revenue Certificates of' Obligation, Series 2000
Interest Par
Maturity Date Rate (%) Amount(S) Call Date
03/01/2013 5.000 785,000 03/01/2011
03/01~2014 5.100 825,000 03/01/2011
03/01/2015 5.200 865,000 03/01/2011
03/01/2018' 5.750 2,895,000 03/01/2011
03/01Y2020' 5.400 2,210,000 03/01/2011
*Term Bond
Call Pdce
100.000
100.000
100.000
100.000
100.000
100.000
Call Pdce
100.000
100.000
100.000
100.000
100.000
~33-
(4) General Improvement and Refunding Bonds, Sedes 2001
Interest Par
Matudly Date Rate (%) Amount(S)
03~01/2013 5.250 1,570,000
03/01/2014 5.375 1,645,000
03/01/2015 5.375 1,875,000
03/01/2016 5.375 1,780,000
03/01/2017 5.375 1,650,000
03/01/2018 5.375 1,740,000
03/01/2021' 5.000 6,070,000
*Term Bond
(5) Tax Notes, Series 2003
Maturih/Date
03/01/2008
03/01/2009
Interest
Rate (%)
3.680
3.680
Par
Amount(S)
1,570,000
1,655,000
Call Date
03/01/2011
03/01/2011
03/01/2011
03/01/2011
03/01/2011
03/01/2011
03/01/2011
Call Date
08/01/2005
08/01/2005
CallPdce
100.000
100.000
100.000
100.000
100.000
100.000
100.000
Call Pdce
100.400
100.400
EXHIBIT A
FORM OFBOND
NO.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI, TEXAS
GENERAL IMPROVEMENT AND REFUNDING BOND
SERIES 2005
MATURITY DATE INTEREST RATE
ORIGINAL ISSUE DATE
JUNE 1, 2005
CUSIP
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY Of CORPUS CHRISTI,
TEXAS (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay
to , or to the registered assignee hereof (either being herein-
after called the 'registered owner") the principal amount oi':
DOLLARS
and to pay interest thereon, from the Odginal Issue Date specified above, to the matudty date
specifed above, or the date of its redemption pdor to scheduled matudly, at the rate of interest
per annum specified above, with said interest being payable on 1, 200_, and semi-
annually on each 1 and 1 thereafter, except that if the Paying
Agent/Registrar's Authentication Certif'm..ate appearing on the faca of this Bond is dated later than
1,200_, such interest is payable semiannually on each 1 and 1
following such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of Amedca, without exchange or collection charges. The principal of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at matudty
or redemption prior to matudly at the designated corporate bust office in Dallas. Texas (the
"Designated Payment Office"), of The Bank of New York Trust Company, N.A., which is the
"Paying Agenl/Registrar' for this Bond. The payment of interest on [his Bond shall be made by
the Paying AgentJRegistrar to the registered owner hereof as shown by the Registration Books
kept by the Paying Agent/Registrar at the dose of business on the 15th day of the month next
preceding such Interest payment date by checE, dated as of such interest payment date. drawn
by the Paying Agent/Reglsti'ar on, and payable solely I~rorn, funds of the Issuer required to be on
deposit with the Paying Agenl/Registrar for such purpose as hereinafter provided; and such check
shall be sent by the Paying Agenl/Registrar by United States mall, first-cJass postage prepaid, on
each such interest payment date, to the registered owner hereol~ at its address as it appears on
the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued
interest due at matudty or upon redemption of this Bond prior to matudb/as provided herein shall
be paid to the registered owner upon presentation and surrender of this Bond for redemption and
payment at the Designated Payment Office of the Paying Agent/Registrar. The Issuer covenants
with the registered owner of this Bond that no later than each principal payment and/or interest
payment date for this Bond it will make available to the Paying Agent/Registrar [rom the Interest
and Sinking Fund as deigned by the ordinance authorizing the Bonds (the "Ordinance") the
amounts required to provide [or the payment, in immediately available funds, o[ all principal of and
interest on the Bonds, when due.
IN THE EVENT OF A NON-PAYMENT ot interest on a scheduled payment date, and for
30 days thereafter, a new record date for such interest payment (a "Spedai Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment o[ such interest
have been received from the Issuer. Notice of the Special Record Date and of the scheduled
payment date of the past due interest ("Special Payment Date', which shall be 15 days after the
Special Record Date) shall be sent at least five business days pdor to the Special Record Date
by United States mail, first class postage prepaid, to the address of each registered owner of a
Bond appearing on the registration books of the Paying Agent/Registrar at the close of business
on the last business day next preceding the date of mailing ot such notice.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the dty where the
Designated Payment Off.me of the Paying Agent/Registrar is located are authorized by law or
executive order to ck)se, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, orday on which banking institutions are authorized
to close; and payment on such date shall have the same force and effect as if made on the
original date payment was due. Notwithstanding the foregoing, dudng any peded in which
ownership of the Bonds is determined only by a book entry at a securities depository for the
Bonds, any payment to the securities depository, or its nominee or registered assigns, shall be
made in accordance with existing arrangements between [he Issuer and the securities depository.
THIS BOND is one of a Series of Bonds of like tenor and eCfect except as to number,
principal amount, interest rate, matudty and option of redemption, authorized in accordance with
the Constitution and laws ot the State of Texas in the principal amount of $ , for the
purpose of providing funds with which to ti) make and acz:luire vadous public improvements for the
City, in accordance with the Ordinance, (ii) refund those obligations of the City designated in the
Ordinance as the "Refunded Obligations" and (iii) pay costs of issuance related thereto.
ON SEPTEMBER 1,20__, or on any date thereafter, the Bonds of this Series matudng on
September 1, 20__ and thereafter may be redeemed prior to their scheduled maturities, at the
option of the Issuer, in whole, or in part, at par and accrued interest to the date fixed for
redemption. The years of maturity of the Bonds called for redemption at the ~.,)tion of the City
pdor to stated matudty shall be selected by the City. The Bonds or portions thereof redeemed
within a matudty shall be selected by lot or other method by the Paying Agent/Registrar, provided,
that dudng any period in which ownership of the Bends is determined only by a book entry at a
securities depository for the Bonds, if fewer than all of the Bonds of the same matudty and beadng
the same interest rate are to be redeemed, the parlh:ular Bonds o1" such maturity and bearing such
interest rate shall be selected in accordance with the arrangements between the Issuer and the
securities deposilory.
THE BONDS are aisc subject to mandalory redemption in part by Io/pursuant to the terms
of the Ordinance, on September 1, with respect Io Bonds matudng September 1.20~,
in ~ following years and in the following amounts, at a pdce equal to the principal amount/hereof
and accrued and unpaid interest to the date of redemption, without premium:
Year PHncipal Amount
* Final Matud/y
To the extent, however, that Bonds subject to sinking fund redemption have been previously
purchased or celled for redemption in part and otherwise than [rom a sinking fund redemption
payment, each annual sinking fund payment for such Bond shall be reduced by the amount
obtained by multiplying the principal amount of Bonds so purchased or redeemed by the ratio
which each remaining annual sinking fund redemption payment for such Bonds bears to the total
remaining sinking fund payments, and by rounding each such payment to the nearest $5,000
integral; provided, that dudng any period in which ownership ot the Bonds is determined only by
a book entry at a securities depository for ttm Bonds, the particular Bonds to be celled for
mandatory redemption shall be selected in accordance with the arrangements be[ween the City
and the securities depository.
AT LEAST 30 days prior to the date fixed for any such redemption la) a wdtten notice ot
such redemption shall be given to the registered owner ol: each Bond or a portion thereof being
celled for redempben by depositing such notice in the United States mail, lirst class postage
prepaid, addressed to each such registered owner at his address shown on Ihe Registration
Books ol~ the Paying Agent/Registrar and lb) notice of such redemption either shall be published
one (1) time in or posted electronically on the webslte of a financial journal or publication of
general circulation in the United States of America or the State of Texas carrying as a regular
feature notices of municipal bonds celled for redemption; provided, however, that/he failure to
send. mail, or receive such notice described in la) above, or any defect therein or in the sending
or mailing thereof, shall not affect the validity or effectiveness of the proceedings [or the
redemption of any Bond, and the Ordinance provides that the provision o[ notice as described in
lb) above shall be the only notice actually required in connection with or as a premquislte to the
redemption ot any Bond. By the date fixed for any such redemption due prevision shall be made
by the Issuer with the Paying Agent/Registrar for the payment of the required redemption pdce for
this Bond or the portion hereof which is to be so redeemed, plus accrued interest thereon to the
date fixed for redemption. If such notice of redemption is given, and ii: due provision fur such
payment is made, all as provided above, this Bond, or the portion hereof which is to be so
redeemed, thereby automatically shall be redeemed pdor to its scheduled maturity, and shall not
bear interest after the date fixed for ~ts redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive the redemption pdce plus
accrued Interest to the date fLxed for redemption from the Paying Agent/Reg,strar out of the funds
provided for such payment. The Paying Agent/Registrar shall record in the Regis/ration Books
all such redemptions of principal of this Bond or any portion hereof. If a podion of any Bond shall
be redeemed a substitute Bond or Bonds having the same matudty date, beadng interest at the
same rate, in any denomination or denominations in any integral multiple ot $5,000, at the wdtten
request o[ the registered owner, and in aggregate principal amount equal to the unredeemed
portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation,
at the expense ol: the Issuer. all as provided in the Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the
Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered
owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like
aggregate principal amount of fully registered bonds, without interest coupons, payable to [he
appropriate registered owner, assignee, or assignees, as the case may be, having the same
matudty date, and bearing interest at the same rate, in any denomination or denominations in any
integral multiple of $5,000 as requested in wrfting by the appropdate registered owner, assignee,
or assignees, as the case may be, upon surrender of this Bond to [he Paying Agent/Registrar at
its Designated Trust Office for cancellation, all in accordance with the I~orm and procedures set
forth in the Ordinance. Among other requirements for such assignment and transfer, this Bond
must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof In any
integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any
such portion or portions hereof is or are to be transferred and registered. The form of Assignment
printed or endorsed on this Bond may be executed by the registered owner to evidence the
assignment hereof, but such method is not exclusive, and other instruments of assignment
satisfactory to the Paying Agent/Registrar may bo used to evidence the assignment of [his Bond
or any portion or portions hereof [rom time to time by the registered owner. The one requesting
such exchange shall pay the Paying AgenlJRegistrar's reasonable standard or customary fees and
charges for exchanging any Bond or portion thereof. The foregoing notwithstanding, in the case
of the exchange of a portJon of a Bond which has been redeemed pdor to maturity, as provided
herein, and in the case of the exchange of an assigned and transferred Bond or Bonds or any
portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by
the Issuer. In any circumstance, any taxes or governmental charges required to be paid with
respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a
condition precedent to the exercise ot such privilege. In any circumstance, neither the Issuer nor
the Paying Agenl/Registrar shall be required (1) to make any transfer or exchange dudng a pedod
beginning at the opening of business 30 days before [he day of the first mailing of a notice of
redemption of bonds and ending at the close of business on the day of such mailing, or (2) to
transfer or exchange any Bonds so selected for redemplJon when such redemption is scheduled
to occur within 30 calendar days.
WHENEVER the beneficial ownership of [his Bond is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering or
transferring this Bond shall be modified to require the apprepdate person or entity to meet the
requ,rements of the securities depository as to registering or transferring the book entry to produce
the same effecl.
IN THE EVENT any Paying AgenlJRegistrar I~or the Bonds Is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it
promptly wilt appoint a competent and legally qualified substitute therefor, and prompUy will cause
wdlten notice thereof to be mailed [o the registered owners of the Bonds.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the sedes
of which it is a part, is duly authorized by law; that all acts, conditions and things required to be
done precedent to and in the issuance o1' this sedes of bonds, and of this Bond, have been
propedy done and performed and have happened in regular and due lime, form and manner as
required by law; that sufficient and proper provision I~or the levy and collection of taxes has been
made, which, when collected, shall be appropriated exclusively to the payment o1' this Bond and
the sedes of which it is a part; and that the total indebtedness of said City, including the entire
sedes of bonds of which this is one, does not exceed any constitutional, statutory or charter
limitation.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all ol: the terms and provisions of the Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Ordinance is duly recorded and available [or inspection in
the official minutes and records of the governing body of the Issuer, and agrees that the terms and
provisions o[ this Bond and the Ordinance constitute a contract between each registered owner
hereof and the Issuer.
IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile
signature o[ the Mayor o[ said City, and altested with the manual or I:acsimile signature o[ the Cib/
Secretary, and the official seal o[ the Issuer has been duly affixed to, or impressed, or placed in
I:acsimile, on this Bond.
ATTEST:
City Secretary
Mayor
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certiiqed that this Bond has been issued under the provisions of (he
proceedings adopted by the Issuer as described in the text ol~ this Bond; and that this Bond has
been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion ol~
a bond or bonds of an issue which originally was approved by the Attorney General of the State
of Texas and registered by the Comptroller ol: Public AccounLs of the Slate of Texas.
Dated:
THE BANK OF NEW YORK TRUST COMPANY, N.A.,
Paying Agenl/Registrar
By
Authorized Representative
FOR VALUE RECEIVED, the
FORM OF ASSIGNMENT:
ASSIGNMENT
undersigned hereby sells, assigns and
transfers unto
Please insed Social Secudty or Taxpayer
Identification Number of Transferee
/ /
(Please print or typewrite name and address, including
zip code o[ Transferee)
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to register the transl'er ot the within Bond on the
books kept [or registration thereof1 with tull power
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteea
by a member firm of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration or
enlargement or any change whatsoever.
FORM Of COMPTROLLER'S CERTIFICATE (A'I-FACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER :
STATE OF TEXAS
REGISTER NO.
I hereby cedify that there is on file and of record in my office a cert~-ficate of the AUomey
General o[ the State of Texas to the effect that this Bond has been examined by him as required
by law, and that he Iqnds that it has been issued in confon'nity with the Constitution and law~ o[
the State of Texas, and that it is a valid and binding obligation of the Cily of Corpus Chdsti, Texas,
payable in the manner provided by and in the ordinance authorizing same, and said Bond has this
day been registered by me.
WITNESS MY HAND and seal o[ office at Austin, Texas
Comptroller of Public Accounts
of the State o[ Texas
(SEAL)
The pdnter of the Series 2005 Bonds is hereby authorized to pdnt on the Series 2005 Bonds (i)
the form of bond counsel's opinion relating to the Sedes 2005 Bonds, and (ii) an appropriate
statement of insurance furnished by a municipal bond insurance company providing municipal
bond insurance, if any, covering all or any part of the Sedes 2005 Bonds.
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred [o in Section 14 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specil'ied (and included in the Appendix or under
the headings of the ofr~cial Statement referred to) below:
The inforrnation o[ the general lype included in Appendix A under the headings "DEBT
PAYABLE FROM TAXES", "GENERAL REVENUES" and 'AD VALOREM TAXES".
Appendix C to/he Official Statement, "Excerpts from the Annual Financial Report of the
City of Corpus Christi, Texas for the Fiscal Year Ended July 31, 2004".
Accounting Principles
The accounting principles re[erred Io in such Section are the accounting principles
described in the notes to the financial statements referred lo in paragraph 1 above.
THE STATE OF TEXAS :
COUNTIES OF NUECES AND SAN PATRICIO :
cn-Y OF CORPUS CHRISTI
I, Armando Chapa, City Secretary o[ Ihe City of Corpus Chdsti, in the Sla[e of Texas, do
hereby certify [hal I have compared the attached and [oregoing excerpt from the minu[es ol~ the
regular, open, public meeting of the Ci[y Council o1' the City of Corpus Chdsti, Texas held on
June 14, 2005, and o1' Ordinance No. whic~ was duly passed at said meeting, and thai
said copy is a ttue and correct copy o1: said excerpt and the whole of said ordinance.
In tes[imony whereo[, I have set my hand and have hereunto a[fixed [he seal of said City
ol~ Corpus Chdsti, this 14th day o[ June, 2005.
(SEAL)
City Secrelaryofthe
City o[Corpus ChdsS, Texas
4
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
June 14, 2005
Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the
issuance of $15,000,000 City or' Corpus Christi, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2005 (Landfill Project), and ordaining other matters relating
to the subject.
Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the
issuance of $4,500,000 City of Corpus Christi, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2005 (Marina Development Project), and ordaining other
matters relating to the subject.
ISSUE:
The City plans to issue $15,000,000 in Combination Tax and Solid Waste Revenue Certificates of
Obligation for the purpose of paying contractual obligations relating to the construction of
improvements to the City's solid waste facilities, as well as the payment of fiscal, engineering and
legal fees incurred in connection with the certificates.
The City also plans to issue $4,500,000 in Combination Tax and Revenue Certificates of Obligation
for the purpose of paying contractual obligations relating to the construction of improvements to the
City's Marina facilities, as well as the payment of fiscal, engineering and legal fees incurred in
connection with the certificates.
In connection with the issuance and sale of the proposed Certificates of Obligation, the following
team has been assembled: M.E. Allison & Co., Inc. as Financial Advisor;, McCall, Parkhurst &
Horton L.L.P. as Bond Counsel, Underwriters - Coastal Securities as Semor Manager and Siebert
Brandford Shank & Company as Co-Manager; Fulbright & Jaworski, L.L.P. as Underwriters
Counsel; and The Bank of New York Trust Company, N.A. as Paying Agent/Registrar.
REQUIRED COUNCIL ACTION:
Approval of the Ordinances is presented.
PREVIOUS COUNCIL ACTION:
On May 17, 2005, City Council approved Resolution No. 026268 directing publication of notice of
intention to issue Combination Tax and Revenue Certificates of Obligation, Series 2005 (Landfill
Project); and resolving other matters relating to the subject.
On May 17, 2005, City Council approved Resolution No. 026269 dkecting publication of notice of
intention to issue Combination Tax and Revenue Certificates of Obligation, Series 2005 (Marina
Development Project); and resolving other matters relating to the subject.
FUTURE COUNCIL ACTION:
Thcre is no future Council action.
RECOMMENDATION:
City Staffrecornrnends approval of the ordinances prowd~ng for the issuance of $15,000,000 City of
Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005, and
$4,500,000 City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obhgation,
Series 2005 and ordaining other matters relating to the subject.
Cindy O'Brien
Director of Financial Services
Attachments:
Background Information
Copy of Ordinance
BACKGROUND INFORMATION
LANDFILL PROJECT
The landfill projects expected to be funded by the certificates will include the paying of contractual
obligations to be incurred by the City with respect to the development of the Cefe Valenzuela landfill
for the construction of the landfill with buildings, cover systems, gas collection systems, equipment,
maintenance facilities, leachate collection systems, liners, roads, environmental monitoring
equipment, communication equipment, all hardware, software and licensing required for billing
systems and other improvements necessary to open and operate the landfill, and the construction of a
drainage ditch and outfall south of said landfill site relating to the development of the landfill. Also
included is the construction of improvements to the J. C. Elliott landfill including cell construction,
final cover systems, gas collection system modifications, ground water monitoring and transfer
station improvements, and the payment of fiscal, engineenng and legal fees incurred in connection
therewith.
MARINA PROJECT
The marina projects expected to be funded by the certificates will include the paying of contractual
obligations relating to the construction of new recreational boat slips, boaters facilities/bathrooms
and a new commercial dock on the Peoples Street T-Head, and the payment of fiscal, engineering
and legal fees incurred in connection therewith.
ORDINANCE NO.
ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
PROVIDING FOR THE ISSUANCE OF $15,000,0~ CITY OF CORPUS CHRISTI,
TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 20~$ (LANDFILL PROJECT), AND ORDAINING OTHER MATTERS
RELATING TO THE SUBJECT
WHEREAS, on the 17th day of May, 2005, the City Council of the City of Corpus Christi,
Texas (tho "City" or the "Issuer") passed a resolution authorizing and directing notice o fits intention
to issue the Certificates of Obligation herein authorized to be issued, to ho published in a newspaper
as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, said notice was published on May 29, 2005 and June 5, 2005 in the Corpus
Christi Caller-Times, a "newspaper" as described in Section 2051.044, Texas Government Code, all
as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, no petition, signed by 5% of the qualified electors of said C~ty as permitted by
said Section 271.049 of the Texas Local Government Code protesting the issuance of such
Certificates of Obligation, has been filed with the City; and
WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and
delivered pursuant to Subehapter C ~rChapter 271 of tho Texas Local Government Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the
Certificates of Obhgation to he issued by the City, designated the "Ctty of Corpus Christi, Texas
Combination Tax and Revenue Certificates o£Obligation, Series 2005 (Landfill Project)", are hereby
authorized to ho issued and delivered in the principal amount of $15,000,000, for the purpose of
providing part of the funds for paying contractual obligations to be incurred by the City, to-wit: the
construction of improvements to the City's solid waste facilities, including, without limitation, paying
contractual obligations to be recurred with respect to the development of the Cefe Valenzuela landfill
in the vicinity of County Road 20 and FM 2444, for the construction of the landfill with buildings,
cover s~tems, gas collection systems, equipment, maintenance facilities, leachate collection systems,
liners, roads, environmental monitoring equipment, co mmtmlCation equipment, aHhardware, software
and licensing required for bilfing systems and other improvements necessary to open and operate said
landfl]l, the construction of a drainage ditch and outfall south of said landfill site relating'to the
development o fsaid hnd fill, the construction of improvements to the J.C. Elliot t landfillin the vicinity
of SH 286 (Chapman Ranch Road) and SH 357 (Saratoga Boulevard) including cell construction.
final cover systems, gas collection system modifications, ground water morfitoring and transfer station
hnprovements, and the payment of fiscal, engineering and legal fees incurred in connection therewith.
The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates
of Obligation inftially issued and delivered pursuant to this Ordinance and all substitute Certificates
of Obligation exchanged therefor, as well as all other substitute Certificates of Obligation and
replacement Certificates of Obligation issued pursuant hereto, and the term "Certificate" shall mean
any of the Certificates.
Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That said
Certificates of Obligation shall initially be issued, sold and delivered hereunder as fully registered
certificates, without interest coupons, dated June 1, 2005, in ti'a: respective denominations and
principal amounts hereinaRer stated, numbered consecutively fi.om R-1 upward, payable to the
respective initial registered owners thereof(as designated m Section 16 hereoD, or to the registered
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assignee or assignees of said Certificates or any portion or portions thereof (in each case, the
"Registered Owner"), and said Certificates shall mature and be payable on March I m the years and
amounts as set forth below, to-wit:
YEARS AMOUNTS(S) YEARS AMOUNTS(S)
2006 2017
2007 2018
2008 2019
2009 2020
2010 2021
2011 2022
2012 2023
2013 2024
2014 2025
2015 2026
2016 2027
For purposes of this Ordinance, the Certificates of Obligation maturing on March 1, 20__ are hereby
designated as "Term Certificates".
Section 3. REDEMPTION. (a) Optional Redemption. That the City reserves the right to
redeem the Certificates maturing on or after March 1, 2016, in whole or in part, in the principal
amount of $5,000 or any integral multiple thereof(an "Authorized Denomination"), on March 1,
2015, and on any date thereafter, at the par value thereof plus accrued interest to t,~,~ cedemption date.
The years of maturity of the Certificates called for redemption at the option of the City prior to stated
maturity shall be selected by the City. The Certificates or portions thereof redeemed within a maturity
shall be selected at random and by lot by the Paying Agent/Registrar. The Certificates are subject to
mandatory redemption as provided in the FORM OF CERTIFICATES.
(b) Mandatory Redemption. The Term Certificates are subject to mandatory sinking fund
redemption prior to their scheduled maturities as provided in the FORM OF CERTIFICATES.
(c) Notice. At least 30 days prior to the date fixed for any such redemption, (i) a written
notice of such redemption shall be given to the registered owner of each Certificate or a portion
thereof being called for redemption by depositing such notice m the United States mail, first-class
postage prepaid, in the name of the City and at the City's expense addressed to each such registered
owner at his address shown on the registration books of the Paying Agent/Registrar and (ii) notice
of such redemption shall be pubhshed one (1) time in a finan~:ial journal or pubhcation of general
circulation in the United States of America carrying as a regular feature notices of mumcipal bends
called for redemption; provided, however, that the l~ailure to send, mail, or receive such notice
described in (i) above, or any defect therein or in the sendtng or marling thereof; shall not affect the
validity or effectiveness of the proceedings for the redemption of any Certillcate, and it is hereby
spectfically provtded that the pubhcation of notice described in (ii) above shall be the only notice
actually required in connection with or as a prerequisite to the redemption of any Certificates. By the
date fi-xed for any such redemption due provision shall be made by the City with the Paying
AgenffRegistrar for the payment of the required redemption price for the Certificates or the portions
thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption.
If such notice of redemption is given, and if due provision for such payment is made, all as
provided above, the Certificates, or the portions thereof, which are to be so redeemed, thereby
automatically shall be redeemed prior to thek scheduled maturities, and shall not bear interest after
the date fixed for their redemption, and shall not be regarded as hemg outstanding except for the right
of the registered owner to receive the redemption price plus accrued interest to the date fixed for
redemption fi-om the Paying Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the registration books all such redemptions of principal of the
Certificates or any portton thereo£ Ifa portion of any Certificate shall he redeemed a substitute
Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any
Authorized Denomination. at the written request of the registered owner, equal to the unredeemed
portion thereol~ will he issued to the registered owner upon the surrender thereof for cancellation,
at the expense of the City, all as provided in this Ordinance.
Section 4. INTEREST. That the Certificates shall bear interest fi-om the date specified in
the FORM OF CERTIFICATE to their respective dates oflmturity or redemption prior to maturity
at the following rates per annum:
maturities 2006 %
maturities 2007 %
maturities 2008 %
maturities 2009 %
maturities 2010 %
maturities 2011 %
maturities 2012 %
maturities 2013, %
maturities 2014, %
maturities 2015, %
maturities 2016, %
maturities 2017,
maturities 2018,
maturities 2019,
maturities 2020,
maturities 2021,
maturities 2022,
maturities 2023,
maturities 2024,
maturities 2025,
maturities 2026,
malurities 2027,
Said interest shall be payable in the manner provided and on the dates stated in the FORM OF
CERTIFICATE.
Section 5. CItARACTERISTICS OF THE CERTIFICATES. (a) The City shall keep
or cause to he kept at the co,orate trust office in Dallas, Texas (the "Designated Trust Office") of
The Bank of New York Trust Company, N.A. (the "Paying Agent/Registrar"), or such other bank,
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trust company, financial institution, or other agency named in accordance with the provisions of(g)
of this Section hereof, hooks or records of the registration and transfer of the Certificates (the
"Registration Books"), and the City hereby appoints the Paying AgenffReg4strar as its registrar and
transfer agent to keep such books or records and make such transfers and registrations under such
reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying
Agent/Registrar shall make such transfers and registrations as hereto provided. The City Manager
or the designee thereof is hereby authorized to execute a "Paying Agent/Registrar Agreement" in such
form attached hereto as is approved by the City Attorney. It shall be the duty of the Paying
Agent/Registrar to obtain fi.om the registered owner and record m the Registration Books the address
of such registered owner of each certificate to which payments with respect to the Certificates shall
be mailed, as herein provided. The City or its destgnee shall have the right to inspect the Regrstration
Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/-
Registrar shall keep the Registration Books confidential and, unless otherwise requh'ed by law, shatl
not pernfit their inspection by any other entity. Registration of each Certificate may be transferred
in the Registration Books only upon presentation and surrender of such certificate to the Paying
Agent/Registrar at the Designated Trust Office for transfer o fregistration and cancellation, together
v, ith proper written instruments of assignment, in form and with guarantee of signatures satisfactory
to the Paying Agent/Registrar, evidencing the assignment of such certificate, or any portion thereof
in any Authorized DenominaUon to the assignee or assignees thereot~ and the right of such assignee
or assignees to have such certificate or any such portion thereof registered tn the name of such
assignee or assignees. Upon the assignment and transfer of a.ny Certificate or any portion thereof,
a new substitute certificate or certificates shall be issued in exchange therefor in the mariner herein
provided.
(b) The entity in whose name any Certificate shall be registered in the Registration Books at
any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether
or not such certificate shall be overdue, and the City and the Paying Agent/Registrar shall not be
affected by any notice to the contrary; and payment of, or on account of; the principal of~ premium,
if any, and interest on any such certificate shall be made only to such registered owner. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such certificate to the
extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent
for pay/rig the principal of and interest on the Certificates, and to act as its agent to exchange or
replace Certificates, all as provided in this OrdinanCe. Tbe Paying Agent/Registrar shall keep proper
records of all payments made by the City and the Paying Agent/Registrar with respect to the
Certificates, and of all exchanges of such certificates, and all replacements of such certificates, as
provided in this Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates in the manner set forth
herein. Each certificate issued and dehvered pu_.~ ant to this Ordinance, to the extent of the unre-
deemed principal amount thereof, may, upon surrender of such certificate at the Designated Trust
Office oftbe Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof; or its or their duly authorized attorneys or
representatives, with gu arantee ofstgnatures satisfactory to the Pay/rig Agent/Registrar, at the option
of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully regis-
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tered certificates, without interest coupons, in the form prescribed in the FORM OF CERTIFICATE,
in any Authorized Denomination(subject to the requirement hereinafter stated that each substitute
certificate shall have a single stated maturity date), as requested in writing by such registered owner
or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal
amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered
owner, assignee, or assignees, as the case may he. Ifa portion of any Certificate shall be redeemed
prior to its scheduled maturity as provided herein, a substitute certificate or certificates having the
same maturity date, bearing interest at the same rote, in any Authorized Denomination at the request
of the registered owner, and in an aggregate principal anxmnt equal to the unredeemed portion
thereof~ wdl be issued to the registered owner upon surrender thereof for cancellation. If any
Certificate or portion thereof is assigned and transferred, each certificate issued in exchange therefor
shall have the same maturity date and bear interest at the :game rate as the certificate for which it is
being exchanged. Each substitute certificate shall bear a letter and/or number to distinguish it firom
each other certificate. The Paying Agent/Registrar shall exchange or rep[ace Certificates as provided
herein, and each fully registered certificate or certificates delivered in exchange for or replacement
o [any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall
constitute one of the Certificates for all purposes of this Ordinance, and may again be exchanged or
replaced. It is specifically provided, however, that any Certificate delivered in exchange for or
replacement of another Certificate prior to the first scheduled interest payment date on the
Certificates (as stated on the face thereof) shall be dated the same date as such Certificate, but each
substitute certificate so delivered on or aller such first scheduled interest payment date shall be dated
as of the interest payment dale preceding the date on which such substitute certificate ks delivered,
-8-
unless such substitute certificate is delivered on an interest payment date, in which case it shall be
dated as of such date of delivery; provided, however, that fiat the time ofdehvery of any substitute
certificate the interest on the Certificate for which it is being exchanged has not been paid, then such
substitute certificate shall be dated as of the date to which such interest has been paid in full. On each
substitute certificate issued in exchange for or replacement of any Certificate or Certificates issued
under this Ordinance there shall he printed thereon a PaYing Agent/Registrars Authenticatton Certifi-
cate, tn the form hereinatler set forth. An authorized representative of the Paying Agent/Registrar
shall, before the delivery of any such substitute certificate, date such substitute certificate in the
manner set forth above, and manually sign and date such Autbent~cation Certificate, and no such
substitute certificate shall he deemed to be issued or outstanding unless such Authentication Certifi-
cate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates surrendered
for exchange or replacement. No additional ordinances, orders, or resolutions need be passed or
adopted by the City Council or any other body or person so as to accomplish the foregoing exchange
or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for
the printing, execution, and dehvery of the substitute certificates in the manner prescribed herein.
Pursuant to Chapter 1206, Texas Government Code, the duty of exchange or replacement of any
Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the e--- ' ution
of said PaYing Agent/Registrar's Authentication Certificate, the exchanged or replaced certificate shall
be vabd, incontestable, and enforceable in the same manner and with the sa.me effect as the
Certificates which originally were dehvered pursuant to this Ordinance, approved by the Attorney
General, and registered by the Comptroller of Public Accounts. Neither the City nor the Paying
Agent/Registrar shall be required (1) to issue, transfer, or exchange any Certificate during a period
-9-
beginning at the opening of business 30 days before the day of the first maiZing of a notice of
redemption of Certificates and ending at the close of business on the day of such mailing, or (2) to
transfer or exchange any Certificate so selected for redemption in whole when such redemption is
scheduled to occur within 30 calendar days.
(e) All Certificates issued in exchange or replacement of any other Certificate or portion
thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and
interest on such Certificates to be payable only to the registered owners thereo[ (ii) may be redeemed
prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for
other Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the
principal of and interest on the Certificates shall be payable, all as provided, and in the manner re-
quired or indicated, in the FORM OF CERTIFICATE.
(t) The City shall pay all o£the PaYing Agent/Registrar's reasonable and customary fees and
charges for making trans£ers and exchanges o £Certificates, but the registered owner o fany Certificate
requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. In addition, the City hereby covenants with the registered owners of the Certificates
that it will (i) pay the reasonable and standard or customary fees and charges of the Pay/rig
Agent/Registrar for its serwces with respect to the payment of the principal of and interest on the
Certificates, when due, and (fi) pay the fees and charges of the Pay/ng Agent/Registrar for services
with respect to the transfer or registration of Certificates solely to the extent above providecl, and
with respect to the exchange of Certificates solely to the extent above provided.
(g) The City covenants with the registered owners of the Certificates that at all times while
the Certificates are outstanding the City will provide a competent and legally qualified bank, trust
-10-
company, financml institution, or other agency to act as and perform the services of Paying
Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will
be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Regis-
trar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the
entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other
method) should resign or otherwise cease to act as such, the City covenants that promptly it will
appoint a competent and legally quahfied national or state banking institution which shall be a
corporation organized and doing business under the laws of the United States of America or of any
state, authorized under such laws to exercise trust powers, subject to supervision or examination by
federal or state authority, and whose qualifications substantially are similar to the previous Paying
Agent;Registrar to act as Paying Agent/Registrar under this Ordinance. Upon any change in the
Paying AgenffRegistrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the
registration hooks (or a copy thereof), along with all other pertinent books and records relating to
the Certificates, to the new PaYing Agent/Registrar designated and appointed by the City. Upon any
change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be sent
by the new Paying Agent/Regfstrar to each registered owner of the Certificates, by United States
Mail, postag' ?repaid, which notice also shall give the address oftbe new Paying Agent/Registrar.
By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to
have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be
del/vered to each Paying Agent/Registrar.
Section 6. FORM OF CERTIFICATES. That the form of the Certificates, including the
form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form
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of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached
to the Certificates initially issued and delivered pursuant to this Ordinance, shall be in substantially
the form as set forth in Exhibit A to this Ordinance, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance. The printer of the Certificates is hereby
authorized to print on the Certificates (i) the form of bond counsel's opimon relating to the
Certificates, and (ii) an appropriate statement of insurance furnished by a nmmcipal bond insurance
company providing municipal bond insurance, if any, covering all or any part of the Certificates
Section 7. DEFINITIONS. That the term "Series 1995 Certificates 0fObligation" shall
mean the City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of
Obhgation, Series 1995, dated December 1, 1995, and currently outstanding in the aggregate
principal amount o f$4,700,000; the term "Series 20(10 Certificates o fObligation" shall mean the City
of Co]pus Christi, Texas, Combinatkm Tax and Revenue Certificates of Obligation, Series 20~X),
dated September 1, 2000, and currently outstanding m the aggregate principal amount of
$12,155,000; the term "Series 2004 Certificates o£Obhgation" shall mean the City of Corpus Christi,
Texas, Combination Tax and Solid Waste Revenue Certificates o fObligation, Series 2004, dated July
1, 2004, and currently outstanding in the aggregate principal amount of $6,640,000; and the term
"Code" shall mean the Internal Revenue Code of 1986, and any amendment thereto_
Section 8. INTEREST AND SINKING FUND. That a special fund or account, to be
designated the "City of Corpns Christi, Texas Series 2005 Combination Tax and Revenue Certificate
o fObligation Interest and Sinking Fund (Landfill Project)" (the "Interest and Sinking Fund") is hereby
created and shall be established and maintained by the City at its official depository. The Interest and
Sinking Fund shall be kept separate and apart Eom all other funds and accounts of the City, and shall
-12-
be used only for paying the interest on and principal of the Certificates. Any accrued interest derived
fi.om the sale of the Certificates shall be deposited to the credit of the Interest and Sinking Fund. All
ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as
collected, to the credit of the Interest and Sinking Fund. During each year while any of the
Certificates are outstanding and unpaid, the governing body of the City shall compute and ascertain
the rate and amount of ad valorem tax, based on the latest approved tax rolls of the City, with full al-
Iowa.rices being made for tax delinquencies and the cost of tax collections, which will be sufficient to
raise and produce the money requked to pay the interest on the Certificates as such interest comes
due, and to provide a sinking fund to pay the principal of the Certificates as such principal matures,
but never less than 2% of the original amount oftbe Certificates as a sinking fired each year. The rate
and amount of ad valorem tax is hereby ordered to be levied against all taxable property in the City
for each year while any of the Certificates are outstanding and unpaid, and said ad valorem tax shall
he assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund.
The ad valorem taxes necessary to pay the interest on and principal o fthe Certificates, as such interest
comes due and such principal matures or comes due through operation of the mandatory sinking fund
redemption to the extent provided in the FORM OF CERTIFICATE, are hereby levied and ordered
to be levied and pledged for such payment, within th~ I;mit prescribed by law. There shall be
appropriated from the General Fund to deposit into the Interest and Sinking Fund moneys as may he
necessary to pay the first scheduled interest payment on the Certificates of Obligation.
Section 9_ REVENUES. That the Certificates of Obligation are additionally secured by and
shall be payable fi-om and secured by the revenues fi.om the Issuer's Sohd Waste System remaining
after payment o fall maintenance and operation expenses thereol~ and all other obligations now or
-}3
hereafter payable therefi-om (including, without limitation, the Series 1995 Certificates of Obligation,
the Series 2000 Certificates o fObligation and the Series 2004 Certificates of Obhgation), constituting
"Surplus Revenues". The Surplus Revenues are ph:dged bythe Citypursuant to authorityofChapter
363, Texas Health and Safety Code, particularly Suhehapter G thereof The Issuer shall deposit such
Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to Section 8, to the
extent necessary to pay the principal and interest on the Certificates of Obligation. Notwithstanding
the requirements of Section 8, if Surplus Revenues are actually on deposit or budgeted for deposit
in the lnterest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be
levied for any year, then the amount of taxes which otherwise would have been required to be levied
pursuant to Section 8 may be reduced to the extent and by the amount of the Surplus Revenues then
on deposit in the Interest and Skfldng Fund or budgeted for deposit herein. The City anticipates that
the Su.rplns Revenues shall be sufficient to meet the annual debt service requirements of the
Certificates of Obligation and intends to use Surplus Revenues to pay such debt service.
Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish
the transfer of monies to the Interest and Sinking Fund of this issue in ample time to pay such items
of principal and interest.
Section 11. SECURITY FOR FUNDS. Tha, .ne Interest and Sinking Fund created by this
Ordinance shah be secured in the manner and to the fullest extent permitted or required by law for
the security of public funds, and such Fund shall he used only for the purposes and in the nmsqner
permitted or required by this Ordinance. Chapter 1208, Texas Government Code, applies to the
issuance of the Certificates and the pledge of ad valorem taxes and the Surplus Revenues granted by
the City under Sections 8 and 9, and such pledge is therefore valid, effective, and perfected_ If Texas
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law is amended at any tune while the Certificates are outstanding and unpaid such that the pledge of
the ad valorem taxes and Surplus Revenues granted by the City is to be subject to the filing
requirements of Chapter 9, Texas Business & Commerce Code, then m order to preserve to the
registered owners of the Certificates the perfection of the security interest in said pledge, the City
agrees to take such measures as it determines are reasonable and necessary under Texas hw to
comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable
a filing to perfect the security interest in said pledge to occur
Section 12. DEFEASANCE OF CERTIFICATES. (a) Defensed Certificates. That any
Certificate and the interest thereon shall be deemed to be paid, rettred and no longer outstanding (a
"Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in
subsection (d) o fthis Section, when payment of the principal of such Certificate, plus interest thereon
to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereo f, or (ii) shallhave been provided
for on or before such due date by h-revocably depositing with or making available to the Paying
Agent/Registrar in accordance with an escrow agreement or other instrument (the "Furore Escrow
Agreement") for such payment (l) lawful money of the United States of America sufficient to make
such payment or (2) Defeasance Securities that mature as to pramipal and interest in such amounts
and at such tnnes as will insure the availability, without reinvestment, ofsutlicient money to provide
for such payment, and when proper arrangements have been nmde by the Issuer with the PaYing
Agent/Registrar for the payment o fits services until all Defensed Certificates shall have become due
and payable. At such time as a Certificate shall be deemed to be a Defensed Certificate hereunder,
as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable fi-om, or
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entitled to the benefits of; the ad valorem taxes or revenues herein levied and pledged as provided in
this Ordinance, and such prinCipal and interest shall be payable solely fi.om such money or Defea~nce
Securities. Notwithstanding any other provision of this ordm,xnee to the contrary, it is hereby
provided that any determination not to redeem Defeased Certificates that is made in conjunction with
the payment anangements specified in subsection 12(a)(i) or (ii) shall not be irrevocable, provided
that m the proceedings providing for such payment arrangements, the Issuer expressly (1) reserves
the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that
right to the owners of the Defeased Certificates immediately following the malting of the payment
arrangements; and (3) directs that notice of the reservation be included in any redemption no tices that
it authorizes.
(b) Investment in Defeasance Securities. Any moneys so deposited with the PaYing
Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities,
maturing in the anmunts and tunes as hereinbefore set forth, and all mc. omo fi.om such Defeasance
Securities received by the PaYing Agent/Registrar that is not required for the payment of the
Certificates and interest thereon, w~th respect to which such money has been so deposited, shall be
turned over to the lssuer, or deposited as directed in writing by the Issuer. Any Future Escrow
Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of
Defeased Certificates may contain provisions permitting the investment or reinvestment of such
moneys m Defeasance Securities or the substitution of other Defeasance Securities upon the
satisfaction of the requirements specified m subsection 12(aXi) or (ii). All income fi.om such
Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment
of the Defeased Certificates, with respect to which such money has been so deposited, shall he
remitted to the Issuer or deposited as directed in writing by the Issuer.
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(c) Defeasance Securities Defined The term "Defeasance Securities" means (i) direct,
noncallable obhgations of the United States o fAmerica, including obligations that are unconditionally
guaranteed by the United States of America, (ii) noncallable obhgations of art agency or
instrumentality of the United States of America, including obhgations that are unconditionally
guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof
are rated as to investment quality by a nationally recognized investment rating firm not less than AAA
or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,
or other po htical subdivision of a state that have been refunded and that, on the date on the date the
governing body of the Issuer adopts or approves the proceedings authorizing the fmmacial
arrangements are rated as to investment quahty by a nationally recogrUzed investment rathag firm not
less than AAA or its equivalent.
(d) Paying Agent/Registrar Services. Until all Defeased Certificates shall have become
due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for
such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required by this Ordmanoe.
Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) 'oolacement Certificates. That in the event any outstanding Certificate is
damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed,
executed, and delivered, a new certificate of the same pt-incipal an~otmt, maturity, and interest rate,
as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate
in the manner hereinafter provided.
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(b) Application for Replacement Certificates. That application for replacement of damaged,
mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered
owner applying for a replacement certificate shall furnish to the C~ty and to the Paying
AgenffRegistrar such security or indemmty as may he required by them to save each o fthem harmless
from any loss or damage with respect thereto. Also, m every case of loss, theft, or destruction of a
Certificate, the registered owner shall furnish to the City and to the Paying Agent/Registrar evidence
to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may he. In every
case of damage or mutilation ora Certificate, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in
the event any such Certificate shall have matured, and no default has occurred which is then
continuing in the payment of the principal of or interest on tins Certificate, the City may author/ze the
payment of the same (without surrender thereof except in the case of a damaged or mutilated
Certificate) instead of issuing a replacement certificate, provided security or indemnity ~s furnished
as above provided in this Section.
(d) Charge jbr Issuing Replacement Certificates. That prior to the issuance of any
replacement certificate, the PaYing AgenffRegistrar shall charge the registered owner of such
Certificate with all legal, printing, and other expenses in connection therewith. Every replacement
certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the
lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall
be entitled to all the benefits of this Ordinance equally and proportionately with any and all other
Certificates duly issued uva:ler this Ordn'~nce.
( e) Authority for lssutng Replacement Certificates. That in accordance with Chapter 1206,
Texas Government Code, this Section of this Ordinance shall co~.stitute authority for the issuance of
any such replacement certificate without necessity of further action by the City or any other body or
person, and the duty of the replacement of such certificates is hereby authorized and tmpOsed upon
the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such
Certificates in the form and manner and with the effect, as provided in Section 5(a) of this Ordmance
for Certificates issued in conversion and exchange of other Certificates.
Section 14. COVENANTS REGARDING TAX EXEMPTION. That the City covenants
to refi'ain fi.om any action wh~h would adversely affect, or to take such action as to ensure, the
treatment oftbe Certificates of Obligation as obligations described in Section 103 of the Code, the
interest on which is not includable m the "gross income" oftbe holder for purposes of federal income
taxation. In furtherance thereof, the City covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates of Obligation (less amounts deposited to a reserve fund, ifa.ny) are used for
any "private business use," as defined m section 141(bX6) "the Code or, if more than 10
percent of the proceeds are so used, that amounts, whether or not received by the City, with
respect to such private business use, do not, under the terms of tfus Ordinance or any
underlying arrangement, directly or indirectly, secure or provide for the payment o fmore than
10 percent of the debt service on the Certificates of Obligation, in contravention of Section
141(bX2) of the Code;
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(b) to take any action to assure that tn the event that the "private business use"
described in subsectmn (a) hereof exceeds 5 percent of the proceeds of the Certificates of
Obligation (less amounts deposited into a reserve fund, ffany) then the amount in excess of
5 percent is used for a "private business use" which is "related" and not "disproportionate",
within the meaning of Section 141(b)(3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or five percent of the proceeds of the Certificates of Obligation (less amounts
deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons,
other than state or local govemn~ntal units, in contravention of Section 141(c) of the Code;
(d) to reft.am fi.om taking any action winch would otherwise result in the
Certificates of Obligation being treated as "specified private activity bonds" within the
meanmg of Section l 4 l(b) o f the Code;
(e) to refi.ain fi.om taking any action that would result in the Certificates of
Obligation being "federally guaranteed~ within the ineaning of section 149(b) of the Code;
(f) to refrain fi.om using any portion of the proceeds of the Certificates of
Obligation, directly or indirectly, to acquire or to replace funds winch were used, directly or
indirectly, to acquire investment property (as defined in Se~ion 148(bX2) of the Code) which
produces a materially higher yield over the term of the Certificates of Obligation' other than
investment property acquired with --
(1) proceeds of the Certificates of Obligation invested for a reasonable
temporary period of three years or less until such proceeds are needed for the purpose
for which the Certificates of Obligation are issued,
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(2) amounts invested in a bona fide debt service fund, within the meaning
of Section 1.148-1(b)of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Certificates of Obligatmn;
(g) to otherwise restrict the use of the proceeds of the Certificates of Obhgation
or amounts treated as proceeds of the Certificates of Obhgation, as may be necessary, so that
the Certificates o fObligation do not otherwise contravene the requirements of Section 148
of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code
(relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Certificates of Obligation) an amount that is
at least equal to 90 percent of the "Excess Earmngs," within the meamng of Section 148(0
of the Code and to pay to the United States of America, not later than 60 days after the
Certificates of Obhgation have been paid in full, 100 percent of the amount then required to
be paid as a result of Excess Earnings under Section 148(0 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes
"disposition proceeds" as defw~:t in the Treasury Regulations and, in the case of refunding bonds,
transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of
issuance of the Certificates of Obligatiom It is the understanding of the City that the covenants con-
tained hereto are intended to assure complmnce with the Code and any regulations or rulings
promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations
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or mlmg are here. after promulgated which modify or expand provisions of the Code, as applicable to
the Certificates of Obligation, the City will not be required to comply with any covenant contained
herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel,
will not adversely affect the exemption fi, om federal income taxation of interest on the Certificates
of Obligation under Section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated which impose additional requirements which are applicable to the Certificates of
Obligation, the City agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally-recognized bond counsel, to preserve the exemption fi.om federal income
taxation of interest on the Certificates of Obligation under Section 103 of tho Code. In furtherance
of such intention, the City hereby authorizes and directs the Mayor, the C~ty Manager and the
Director o fFinancial Services to execute any documents, certificates or reports required by the Code,
and to make such elections on behalf of the City which may be permitted by the Code as are
consistent with the purpose for the issuance of the Certificates of Obligation.
In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established
by the City for the sole benefit of the United States of America, and such Fund shall not he subject
to the claim of any other person, including without limitation the bondholders. The Rebate Fund is
establisbxxl for the additional purpose of compliance with Section 148 of the Code.
Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT That the Issuer covenants to account for the expenditure of proceeds fi.om the sale of
the Certificates and any investment earnings thereon to be used for the purposes described in Section
1 of this Ordinance (such purpose referred to herein ard Section 16 hereof as a "Prcfyct") on its
books and records by allocating proceeds to expenditures within 18 months of the later of the date
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that (a) the expenditure on a Project is made or (b) such Project is completed. The foregoing
notwithstanding, the Issuer shall not expend such proceeds or investment earnings more than 60 days
after the eaxher of(a) the fi_ah anniversary of the date of delivery of the Certificates or (b) the date
the Certificates are retired, unless the Issuer obtains an opinion o f nationally-reco gnized bond counsel
substantially to the effect that such expenditure wall not adversely affect the tax-exempt status of the
Certificates. For purposes hereof~ the Issuer shall not he obhgated to comply with this covenant if
it obtains an opimon that such failure to comply will not adversely affect the excludability for federal
inCOme tax purposes from gross income of the interest.
Section 16. DISPOSITION OF PROJECT. That the Issuer covenants that the property
constituting a Project will not he sold or otherwise disposed in a transaction resulting in the receipt
by the Issuer of cash or other compensation, unless the Issuer obtams an opinion of nationally-
recognized bond counsel substantially to the effect that such sale or other disposition will not
adversely affect the tax-exempt status of the Certificates For purposes o fthe foregoing, the portion
of the property comprising personal property and disposed in the ordinary course shall not he treated
as a transaction resulting in the receipt of cash or other compensation. For purposes hereof~ the
Issuer shall not he obligated to comply with this covenant flit obtams an opinion that such failure to
comply will not adversely affect 'h ~, excludability for federal income tax purposes from gross income
of the interest.
Section 17. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES.
That the Mayor of the City is hereby authorized to have control of the Certificates initially issued and
delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending
their delivery and their investigation, examination, and approval by the Attorney General of the State
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of Texas, and their registration by the Comptroller of Pubtic Accounts of the State of Texas. Upon
registration o fthe Certificates said Comptroller of Public Accounts (or a deputy designated in writing
to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached
to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on
such Comptroller's Registration Certificate.
Section 18. SALE OF CERTIFICATES. (a) Sale to Underwriter. That the sale oftbe
Certificates to , as representative for the underwriters named in the Bond
Purchase Agreement (the "Purchase Agreement") between the City and the underwriters named
therein (the "Underwriters"), at the purchase price described in the Purchase Agreement, is hereby
authorized, ratified and confirmed. One Certificate in the principal amount maturing on each maturity
date as set forth in Section 2 hereo fshall be delivered to the Underwriters, and the Underwriters shaft
have the right to exchange such certificates as provided in Section 5 hereof without cost.
(b) Execution of Purchase Agreement. That the Purchase Agreement setting forth the terms
o fthe sale of the Certificates to the Underwriters, in substantially the form attached to this Ordinance,
is hereby accepted, approved and authorized to be delivered in executed form to the Underwriters.
(c) Bond Insurance. The Mayor, City Manager and the Director of Fiscal Services each is
authorized, m connection wit', effecting the sale of the Certificates, to obtain fi.om Financial Security
Assurance Inc. (the "Insurer") a municipal bond insurance policy in support of the Certificates. To
that end, for so long as such policy ~s in effect, the requirements of the Insurer relating to the issuance
of said policy is inco~orated by reference into this Ordinance and made a part hereof for all purposes,
notwithstanding any other provision of this Ordinance to the contrary.
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Section 19. APPROVAL OF OFFICIAL STATEMENT. That the "Official Statement"
prepared in connection with the sale of the Certificates, ia substantially the form attached to this
Ordinance, is hereby accepted, approved and authorized to be dehvered in executed form to the
Underwriters. The use of the "Preliminary Official Statement" prepared in connection with the sale
of the Certificates is hereby ratified.
Section20. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. As used
in this Section, the foilowmg terms have the meanings ascn'bed to such terms below:
"MAC" means the Mancipal Advisory Council of Texas.
"MS/LB" means the Mumcipal Sectmties Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staffhas determined to he a
nationally recogni?ed municipal securities information repository within the meaning of the Rule fi.om
time to nme.
"Rule" means SEC Rule 15c2-12, as amended Rom time to time.
"SEC" means the United States Securities and Exchange comrmssion.
"SID" means any person designated by the State of Texas or an authorized
department, of'ricer, or agency thereof as, and determined by the SEC or its staff to be, a state
afformation depository within the meamng of the Rule fi-om time to time.
(b) .dnnual Reports. (i) The City shall provide annually to each NRMSIR and any SID,
within six months at, er the end of each fiscal year ending in or after 2005, financial information and
oporatmg data with respect to the City of the general type included in the fi~al Official Statement
authorized by Section 19 of this Ordinance, being the information described in Exhibit B hereto. Any
financial statements so to be provided shall be (1) prepared in accordance with the accounting
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principles described in Exhibit B hereto, or such other accounting principles as the City may be
reqmred to employ from time to time pursuant to stale law or regulation, and (2) audited, if the City
commissions an audit of such statements and the audit is completed within the period during which
they must be provided, lfthe audit o£such financial statements is not complete within such period,
then the City shall provide unaudited financtal statements by the required time, and shall provide
audited financial statements for the apphcable fiscal year to each NRMS1R and any SID, when and
if the audit report on such statements become available.
(ii) If the C~ty changes its fiscal year, it will notify each NRMS1R and any SID of the change
(and of the date of the now fiscal year end) prior to the noxt date by which the City o tlmrwise would
be required to provide financial information and operattng data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available fi-om the MSRB) that theretofore has been
provided to each NRMSIR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Certificates of
Obligation, if such event is material within the meamng of the federal securities laws:
Principal and interest payment delinquencies;
Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting flnan.-'fial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the
Certificates of Obligation;
7. Modifications to rights o£holders of the Certificates of Obligation;
8. Certificates of Obligalion calls;
9. Defeasances;
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10. Release, substitution, or sale of property secunng repayment of the
Certificates of Obligation; and
11. Rating changes.
The City shall notif~ any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide finam:::ial information or operating data in accordance with subsection
(b) of this Section by the time required by such subsection. Any filing under ttus Section may be
made solely by transmitting such filing to the MAC as provided at http://www.disclosureusa.org,
unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September
(d) Limitations, Disclaimers, and Amendments (i) The City shah be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Certificates of Obhgation within the meaning of the
Rule, except that the City in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes Certificates of Obligation no longer to be outstanding.
(ii) The provisions of this Section axe for the sole benefit of the registered owners and
beneficial owners of the Certificates of Obhgation, and nothing in this Section, express or iinphed,
shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person.
'~he City undertakes to provide only the financial information, operating data, financial statements,
and notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City's firmncia{ results, condition, or prospects or hereby undertake to update any
information provided in accordance with this Section or otherwise, except as expressly provided
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herein. The City does rmt make any representation or warranty concerning such information or its
usefulness to a decision to revest in or sell Certificates of Obligation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION
OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR
WITHOUT FAULT ON 1TS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT
EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR
ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a cha~e in law, or a change
m the identity, nature, status, or type of operations of the City, but only if(l) the provisions ofthis
Section, as so amended, would have permitted an underwriter to purchase or sell Certificates of
Obligation in the primary o ffenng of the Certificates o fObligation in compliance with the Rule, tak/ng
into account any amendments or interpretations of the Rule since such offering as well as such
changed circumstances and (2) either (a) the registered owners ora majority in aggregate principal
amount (or any greater amount required by anyother provision of this Ordinance that authorizes such
an amendment) of the outstanding Certificates of Obligation consent to such amendment or (b) a
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person that is unaffiliated with the City (such as nationally recognized bond counsel) determined that
such amendment will not mater~ally nnPair the interest of the registered owners and beneficial owners
of the Certificates of Obligation. If the City so amends the provisions oftkis Section, it shall include
with any amended financial information or operating data next provided in accordance with
subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and
of the maPact of any change in the type of fnmneial inlbrmalion or operating data so provided, The
City may also amend or repeal the provisiom of this continuing disclosure agreement if the SEC
amends or repeals the applicable provision o fthe Rule or a court o f final jurisdiction enters judgnnent
that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwr/ter from lawfully purchasing or selling Certificates of
Obhgation in the pnmary offering of the Certificates of Obligation.
Section 21. DTC REGISTRATION. That the Certificates of Obligation initially shall be
issued and dehvered in such manner that no physical distribution of the Certificates of Obligatinn will
he made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially
will act as depository for the Certificates of Obligation. DTC has represented that it is a hmited
purpose trust company incorporated under the laws of the State of New York, a member of the
Federal Reserve System, a "clearing corpor,"tion" within the mearnng of the New York Uniform
Commercial Code, and a "clearing agency" registered under Section 17A of the Securities Exchange
Act of 1934, as amended, and the City accepts, but in no way verifies, such representations. The
Certificates of Obligation initially authorized by this Ordmance shall be delivered to and registered
tn the name of CEDE & CO., the nominee of DIC. It is expected that DTC will hold the Certificates
of Obligation on behalf of the Underwriters and thetr respective participants. So long as each
Certificate of Obl/gation is registered in the name of CEDE & CO., the Paying Agent/Registrar shall
treat and deal with DTC the same in all respects as if it were the actual and beneficial owner thereof.
It is expected that DTC will maintain a book-entry system wluch will identify ownership of the
Certificates of Obligation in integral amounts of $5,000, with transfers of ownership being effected
on the records of DTC and its participants pursuant to rules and regulations established by them, and
that the Certificates of Obligation initially deposited with DTC shall be immobilized and not be further
exchanged for substitute Certificates of Obhgation except as hereinaeter provided. The City is not
responsible or liable for any functions of DTC, will not be respons~le for paying any fees or charges
with respect to its services, will no t be responsible or liable for maintaining, supervising, or reviewing
the records of DTC or its participants, or protecting any interests or rights of the beneficial owners
of the Certificates of Obligation. It shall he the duty of the DTC Participants, as defir,axt in the
Official Statement hereto approved, to make all arrangements with DTC to establish this book-entry
system, the beneficial ownership of the Certificates of Obl/gation, and the method of paYing the fees
and charges of DTC. The City does not represent, nor does it in any way covenant that the initial
book-entry system established with DTC will be maintained in the future. Notwithstanding the initial
establishment of the foregoing book-entry system with DTC, if for any reason any of the originally
delivered Certificates of Obligation is duly filed with the Paying Agent/Registrar with proper request
for transfer and substitution, as provided for in this Ordinance, substitute Certificates of Obligation
will be duly delivered as provided in this Ordinance, and there will he no assurance or representation
that any book-entry systern will be maintained for such Certificates o fObligation_ In connection with
the initial establishment of the foregoing book-entry system with DTC, the City heretofore has
executed a "Blanket Letter of Representations" prepared by DTC in order to implement the book-
entry system described above.
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Section 22. INTEREST EARNINGS; PREMIUM. Interest earnings derived fi.om the
investment of proceeds fi.om the sale of the Certificates shall be used along with other proceeds for
the construction of the permanent improvements set forth in Section l hereof for which the
Certificates are issued; provided that after completion of such permanent hnprovements, ff any of
such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and
Sinking Fund. It is further provided, however, that any interest earnings on proceeds which are
required to be rebated to the United States of America pursuant to tiffs Ordinance hereof m order to
prevent the Certificates fi.om being arbitrage bonds shall be so rebated and not constdered as interest
earnings for the purposes of tiffs Section. All premium received in connection with the sale of the
Certificates shall be used in a manner consistent with the provisions of Section 1201.029, Texas
Government Code. The City Council hereby finds that the sum oftbe aggregate principal amount of
the Certificates and prermum, if any, received as part of the purchase price for the Certificates to be
expended for the construction of the permanent improvements set forth in Section 1 hereof will not
exceed the maxhnnm amount o fCertificatns authorized to be sold in the notice ofinteotion published
in connection with the sale of the Certificates.
Section 23. CONFLICTING PROCEEDINGS. That all ordinances and resolutions or
parts thereo fin conflict herewith are hereby repealed.
Section 24. OFFIC1AI-~ AUTHORIZED TO ACT ON BEHALF OF THE CITY. That
the Mayor, the C~ty Secretary, the C~W Manager, any Assistant City Manager or the Director of
Financial Services of the City, and all other officers, employees, and agents of the CiW, and each of
them, shall be and they are hereby expressly authorized, empowered, and directed fi.om time to time
and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver
31
in the name and under the seal and on behalf of the City all such instruments, whether or not herein
mentioned, as may he necessary or desirable in order to carry out the terms and provisions of this
Ordinance, the Certificates, the offering documents prepared in connection with the sale of the
Certificates, or the Paying Agent/Regmtrar Agreement. In case any officer whose signature appears
on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature
shall nevertheless be valid and sul]icient for all purposes the same as if he or she had remained in
office until such delivery.
Section 25. RULES OF CONSTRUCTION. That for allpurposes of this Ordinance, unless
the context requires otherwise, all references to designated Sections and other subdivisions are to the
Sections and other subdivisions of this Ordlna.nce. The words "herein", "hereof" and "hereunder"
and other words of similm- import refer to this Ordinance as a whole and not to any particular Section
or other subdivision~ Except where the context otherwise requires, temts defined in this Ordinance
to impart the singular number shall be considered to include the plural number and vice versa.
References to any named person means that party and its successors and assigns. References to any
constitutional, statutory or regulatory provision means such provision as it exists on the date this
Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof.
Any reference to the payment of principal in this Ordinance shall be deemed to include the payment
of any mandatory sinking fund redemption payments as described herein. Any reference to "FORM
OF CERTIFICATE" shall refer to the form of the Certificates set forth in Exhibit A to this Ordinance.
The titles and headings of the Sections and subsections of this Ordinance have been inserted for
convenience of reference only and are not to be considered a part hereof and shall not in any way
modify or restrict any of the terms or provisions hereof.
-32
Section 26. IMMEDIATE EFFECT. That in accordance with the provisions of V.T.C.A.,
Govemmem Code, Section 1201.028, this OrdtnanCe slmll be effective immediately upon its adoption
by the City Council.
ADOPTED this 14th day o£Jmae, 2005.
ATTEST:
Mayor, City of Corpus Christi, Texas
City Secretary, City of Corpus Christi, Texas
(SEAL)
APPROVED THIS DAY OF JUNE, 2005:
MARY KAY FISCHER, CITY ATTORNEY
33
FORM OF CERTIFICATE
NO. R- UNITED STATES OF AMERICA $
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATR1CIO
CITY OF CORPUS CHRISTI, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 2005
(LANDFILL PROJECI)
MATURITY DATE
INTEREST RATE ORIGINAL ISSUE DATE CUSIP
% June 1, 2005
ON THE MATURITY DATE specified above, THE CITY OF CORPUS CHRISTI,
TEXAS (the "City" or the "Issuer"), being a political subdivision of the State of Texas, hereby
promises to pay to (hereinalter called the nregistered owner") the
principal amoant of
DOLLARS
and to pay interest thereon from the Original Issue Date specified above, on March 1, 2006, and
semm'rmually on each September I and March l thereafter to the maturity date specified above or
the date of its redemption prior to scheduled maturity, at the interest rate per annum specified
above; except that if this Certificate is required to be authenticated and the date of its
authentication is later than March 1, 2006, such interest is payable semiannually on each
September I and March I following such date.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money
of the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at matuhty, or upon the date fixed for its redemption phor to maturity, at the
corporate trust office in Dallas, Texas (the "Designated Trust Office") of The Bank of New York
Trust Company, N.A. (the 'Pay/rig AgenffRegistrar"). The payrnent of interest on this Certificate
shall he made by the Paying Agent/Registrar to the registered owner hereof as shown by the
Registration Books kept by the Paying Agen~Registrar at the close of business on the 15th day of
the month next preceding such interest payment date by check drawn by the Paying
Agent/RegaStrar on, and payable solely from, funds of the Issuer required to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent
by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such iff-
retest payment dale, to the registered owner hereof at its address as it appears on the Registration
Books kept by the Paying Agent/Registrar, as hereinal~er described, or by such other method,
acceptable to the Paying AgenffReg~strar, requested by, and at the risk and expense of, the
registered owner. The Issuer covenants with the registered owner of this Certificate that no later
than each principal payment and/or interest payment date for this Certificate it will make available
to the Paying AgenffRegistrar from the Interest and Stoking Fund as defin~ by the ordinance
authorizing the Certificates (the "Certificate ordinance") the amounts required to provide for the
payment, in immediately available f~nds, of all principal of and interest on the Certificates, when
due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday, or a day on which banking mstitutinns in the city where the
Designated Trust Office of the Paying Agent/Registrar is located are author/zed by law or ex-
ecutive order to close, or the United States Postal Service is not open for business, then the date
for such payment shall he the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to close, or the United States Postal
Service is not open for business; and payment on such date shall have the same force and effect as
ff made on the original date payment was due. Notwithstanding the foregoing, during any period
m which ownership of the Certificates is determined only by a book entry at a s~curities
depository for the Certificates, any payment to the securities depository, or its nominee or
reg/stered assigns, shall be made in accordance with existing arrangements between the Issuer and
the securities depository.
THIS CERTIFICATE is one of a Series of Certificates (the "Certificates") dated the
Original Issue Date specified above, authorized in accordance with the Constitution and laws of
the State ot' Texas in the principal amount of $15,00(~,000 FOR THE PURPOSE OF
PROVIDING PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO
BE INCURRED FOR THE CITY, TO-WIT: the construction of maprovements to the City's solid
waste facilities, including, without limitation, paying contractual obligations to be incurred wtth
respect to the development of the Cefe Valenz'uela landfill in the vicinity of County Road 20 and
FM 2444, for the construction of the landfill with buildings, cover systems, gas collection systems,
equipment, maintenance facilities, leachate collection systems, liners, roads, environmental
lnomtohng equipment, commurfication equipment, all hardware, softwaxe and licensing required
for billing systems and other m~provements necessary to open and operate said landfill, the
construction of a drainage ditch and outfall south of said landfill site relating to the development
of said landfill, the constv!etion of improvements to the J.C. Elliott landfill m the vicinity of SH
286 (Chapman Ranch Road) and SH 357 (Saratoga Boulevard) including cell construction, final
cover systems, gas collection system modifications, ground water monitoring and transfer station
nnProvernents, and the payment of fiscal, engineering and legal fees incurred in connection
therewith.
ON MARCH 1, 2015, or on any date thereal~er, the Certificates of this Series maturing on
March 1, 2016 and thereal'ter may be redeen'e..d prior to their scheduled maturities, at the option
of the Issuer, with funds derived fi:om any available and lawful source, as a whole, or in part
(promded that a portion o f a Certificate may be redeemed only in an integral multiple of $5,000),
at par and accrued interest to the date fixed for redemption. The years of maturity of the
Certificates called for redemption at the option of the Issuer prior to stated maturity shall he
selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be
selected at random and by lot by the Paying Agent/Registrar; provided, that during any period in
which ownership of the Certificates is determined only by a book entry at a securities depository
for the Certificates, if fewer than all of the Certificates of the same maturity and beanng the same
interest rote are to be redeemed, the particular Certificates of such maturity and beanng such
interest rate shall he selected in accordance with the arrangements between the Issuer and the
securities depository.
THE CERTIFICATES are also subject to mandatory redemption in part by lot pursuant to
the terms of the Certificate Ordinance, on March 1 in each of the yea.rs 20__ through 20__, with
respect to Certificates maturing March 1, 20~, in the following years and in the following
amounts, at a price equal to the principal amount thereof and accrued arm unpaid interest to the
date of redemption, without premium:
Principal Amount ($)
*Final Maturity
To the extent, however, that Certificates subject to sinking fund redemption have been previously
purchased or cai/ed for redemption in part and otherwise than fi.om a sinking fund redemption
payment, each annual sinking fund payment for such Certificate shall be reduced by the amount
obtained by multiplying the principal amount of Certificates so purchased or redeemed by the ratio
which each remaining sinking fund redemption payment for such Certificates hears to the total
remaining sinking fund payments, and by rounding each such payment to the nearest $5,00~)
integral; provided, that during any period in which ownership of the Certificates is determined
only by a book entry at a securities depository for the Certificates, the particular Certificates to be
called for mandatory redemption shall be selected m accordance with the arrangements between
the Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any such redemption, (a) a written notice of
such redemption shall be given to the registered owner of each Certificate or a portion thereof
being called for redemption by depositing such notice in the umted states mail, first-class postage
prepaid, addressed to each such registered owner at his address shown on the Registration Books
of the Paying Agent/Registrar and (b) notice of such redemption shall be published one (1) time in
a financial journal or publication of general circulation in the umted States of America or the
State of Texas carrying as a regular feature notices of municipal bonds called for redemption.
provided, however, that the failure to send, mait, or receive such notice described m (a) above, or
any defect therein or in the sending or mailin~ thereof, shall not affect the validity or effectiveness
of the proceedings for the redemption of any Certificate, and the Certificate Ordinance provides
that the publication of notice as described in (b) above shall be the only notice actually required in
connection with or as a prereqmsite to the redemption of any Certificates. By the date fixed for
any such redemption due provision shall be made by the Issuer with the Paying AgenffRegistmr
for the payment of the required redemption price for this Certificate or the portion hereof which is
to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice
of redemption is given, and if due provision for such payment is made, all as provided above, this
Certificate, or the portion hereof which is to be so redeemed, thereby automatically shall be
redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its
reden~q?tion, and shall not be regarded as being outstanding except for the fight of the registered
owner to receive the redemption price plus accrued interest to the date fixed for redemption from
the Paying Agent/Reg/strar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the Registration Books all such redemptions of principal of this
Certificate or any portion hereof. If a portion of any Certificate shall be redeemed a substitute
Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any
denornmation or denominations tn any integral multiple of $5,000, at the written request of the
registered owner, and in aggregate principal amount equal to the unredeen'axl portion thereol~ wifi
be issuedto the registered owner upon the surrender thereof for cancellaliort, at the expense of the
Issuer, all as provided in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered
certificates, without interest coupons, in the denomination cffany integral multiple of $5,000. As
provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at
the request of the registered ownor or the assignee or assignees hereof, be assigned, transferred,
and exchanged for a hlce aggregate principal amount o£ fully registered certificates, without
interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case
may be, having the sa.me maturity date, and bearing interest at the same rate, in any denomination
or denominations in any integral multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to
the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with
the form and procedures set forth in the Certificate Ordinance. Among other requirements for
such assignment and transfer, this Certificate must he presented and surrendered to the Paying
Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of
signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or
any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in
whose name or names this Certificate or any such portion or portions hereof is or are to be
transferred and registered. The form of Assignment printed or ende"sed on this Certificate may
be executed by the registered owner to evidence the assignment hereof, but such method is not
exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be
used to evidence the assignment of this Certificate or any portion or ~ortions hereof from time to
time by the registered owner. The Issuer shall pay the Paying Agent/Registrars reasonable
standard or customary fees and charges for trallsfettit~ and exchitllgiug ~J17 Certificate or portion
thereof. In any circumstance, any taxes or governmental charges required to be paid with respect
thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition
precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying
Agent/Registrar shall be required (1) to make any transfer or exchange during a period beginning
al the opening of business 30 days before the day of the first mailing of a notice of redemption of
certificates and ending at the close of business on the day of such mailing, or (2) to transfer or
exchange any certificates so selected for redemption when such redemption is scheduled to occur
within 30 calendar days.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Certificates, the foregoing requirements of holding, delivering or
transferring this Certificate shall be modified to require the appropriate person or entity to meet
the requirements of the securities depository as to registering or transferring the book entry to
produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance
that it promptly will appoint a competent and legally qualified substitute therefor, and cause
written notice thereof to be mailed to the registered owners of the Certificates.
BY BECOMING the registered owner o£ this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by
such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and
available for inspection in the official minutes and records of the Issuer, and agrees that the terms
and provisions of this Certificate and the Certificate Ordinance constitute a contract between each
registered owner bereof and the Issuer
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued, and delivered~ that all acts, conditions, and things required or proper to
be performed, exist, and he done precedent to or in the authorization, issuance, and delivery of
this Certificate have been performed, existed, and been done in accordance with law; that this
Certificate is a direct obligation of the City, issued on the rial] faith and credit thereol~ that annual
ad valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied and ordered
to be levied against al] taxable property in the City, and have been pledged for such payment,
within the limit prescribed by law; and that the "Surplus Revenues" (as defined in the Certificate
Ordinance) of the City's Solid Waste System remaining after payment of all maintenance and
operation expenses theree~ and all other obligations now or hereafter payable therefi'on~ as
provided in the Certificate Ordinance, have been pledged as additional security for the
Certificates.
IN WITNESS WHEREOF, this Certificate has been signed with the manual or f~csimile
signature of the Mayor of the City, a~tested by the manual or facsinfile signature of the City
Secretary of the City, and the official seal of the City has been duly affixed to. h-npressed, or
placed in facsimile, on this Certificate
City Secretary, City of
Corpus Christi, Texas
Mayor, City of Corpus Christ~, Texas
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been issued under the provisions
of the Certificate Ordinance described on the face of this Certificate of Obligation; and that this
Certificate of Obligation has been issued in exchange for or replacement of a certificate of
obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of
obligation of an issue which originally was approved by the Attorney General of the State of
Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated
THE BANK OF NEW YORK TRUST
COMPANY, N.A.
By
Authorized Representative
FORM OF ASSIGNMENT
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
(Please insert Social Security or Taxpayer Identification Number of Transferee)
/
(Please print or typewrite name and address, including
zip code of Transferee)
~-he within Certfficate of Obhgation and all rights
thereunder, and hereby irrevocably constitutes and appoints
attorney to register the transfer of the within Certificate
of Obligation on books kept for registration thereof, with
full power of substitution in the prermSes.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature above must
correspond with the name of the
Registered Owner a.s it appears upon
the fi-ont of this Certificate of Obligation
in every particular, without alteration or
or enlargement or any change whatsoever.
*FORM OF COMPTROLLER'S CERTIFICATE Alii'ACHED TO
THE CERTIFICATES UPON INITIAL DELIVERY THEREOF
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO.
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General o1' the State of Texas to the effect that this Certificate has been examined by him as
required by law, and that he finds that it has been issued in conformity with the Constitution and
laws of the State of Texas, and that it is a valid and binding obligation of the City of Corpus
Christi, Texas, payable in the manner provided by and in the ordinance authorizing same, and said
Certificate has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas this
(SEAL)
Comptroller of Public Accounts of
the State of Texas
NOTE TO PRINTER:
*¶ not to be on certificate
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 20 o£ this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating dala with respect to the City to be provided
annually in accordance with such Section are a~ specified (and included in the Appendix or under
the headings of the Official Statement referred to) below:
Appendix A, under the headings: "Debt Payable fi-om Taxes", "General Fund Revenues",
"General Expenses", "Ad Valorem Taxes", "Mumcipal Hotel Occupancy Taxes", "Solid
Waste Operations", and "The Tax Increment Financing Act"; and
Appendix C, "Combined Financial Statements of the City o£Corpus Christi, Texas for the
Fiscal Year ended July 31, 2004.
Accounting Principles
The accounting principles referred to m such Section are the accounting principles
described in the notes to the financial statements referred to m paragraph 2 above.
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRiCIO
CITY OF CORPUS CHRISTI
I, the undersigned, City Secrehu-y of the City of Corpus Christi, Texas, do hereby cea'tify
that the above and foregoing is a tree, full and correct copy of tm Ordinance passed by the City
Council of the City of Corpus Christi, Texas (and of the minute~ pertaining thereto) on the 14th
day of June, 2005, authorizing the issuance of $15,000,0~ Combination Tax and Revenue
Certificates of Obligation, Series 2005 (Landfill Project), which ordinance is duly of record in the
minutes of said City Council, and said meeting was open to the public, and public notice of the
time, place and purpose of said meeting was given, all as required by Texas Government Code,
Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the 14th day of June,
2005.
City Secretary, City of Corpus Christi, Texas
(SEAJ )
ORDINANCE NO.
ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
PROVIDING FOR TttE ISSUANCE OF $4,500,000 CITY OF CORPUS CHRISTI,
TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2005 (MARINA DEVELOPMENT PROJECT), AND ORDAINING OTHER
MA~TEEiLS RELATING TO THE SUBJECT
WHEREAS, on the 17th day of May, 2005, the City Council of the City of Corpus Christi,
Texas (the "City" or the "Issuer") passed a resolution authorizing and directing notice of its intention
to issue the Certificates of Obligation herein authorized to he issued, to be published m a newspaper
as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, said notk:e was published on May 29, 2005 and June 5, 2005 in the Corpus
Christi Caller-Times, a "newspaper" as described in Section 2051.044. Texas Government Code, all
as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, no petition, signed by 5% of the qualilS~d electors of said City as permitted by
said Section 271.049 of the Texas Local Government Code protesting the issuance of such
Certificates of Obligation, has been filed with the City;, and
WHEREAS, the Certificates of Obligation hereina~er authorized are to be issued and
delivered pursuant to Subehapter C of Chapter 271 of the Texas Local Govenm~nt Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1. AUTHORIZ,~TION OF CERTIFICATES OF OBLIGATION. Ihat the
Certificates of Obligation to be issued by the City, designated the "City of Cot~us Christi, Texas
Combination Tax and Revenue Certificales of Obligation, Series 2005 (Marina Development
Project)", are hereby author~ed to be issued and delivered in the principal amount o f$4,500,000, for
the purpose of providing part of the fi.rods for paYing contractual obligations to be incurred by the
Citywith respect to the City's Manna Development Project, to-wit, the construction ofmsprovements
to the City's Marina facilities, including, without limitation, paying contractual obligations to he
incurred with respect to the construction of new recreational boat slips, boaters facilities/bathrooms
and a new cornmerc~al dock on the People Street T-Head, and the payment of fiscal, engineering and
legal fees incurred in connection therewith. The term "Certificates" as used in this Ordinance shall
mean and include collectively the Certificates of Obhgation initially issued and delivered pursuant to
this Ordinance and all substitute Certificates of Obligation exchanged therefor, as well as all other
substitute Certificates of Obligation and replacement Certificates of Obhgation issued pursuant
hereto, and the term "Certificate" shall mean any of the Certificates.
Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That said
Certificates of Obligation shall initially be issued, sold and delivered hereunder as fully registered
certificates, without interest coupons, dated June 1, 2005, in the respective denominations and
principal amounts hereinafter stated, numbered consecutively fi-om R-I upward, payable to the
respective initial registered owners thereof(as designated in Section 16 hereof), or to the registered
assignee or assignees of said Certificates or any portion or portions thereof (in each case, the
"Registered Owner"), and said Certificates o,..ll malure and he payable on March 1 in the years and
amounts as set forth below, to-wit:
-2-
YEARS AMOUNTS(S) YEARS
2006 2017
2007 2018
2008 2019
2009 2020
2010 2021
2011 2022
2012 2023
2013 2024
2014 2025
2015 2026
2016 2027
AMOUNTS(S)
For purposes of this Ordinance, the Certificates of Obligation maturing on March 1,20__ are hereby
designated as "Term Certificates".
Section 3. REDEMPTION. (a) Optional Redemptton. That the City reserves the fight to
redeem the Certificates matunng on or after March 1, 2016, in whole or in part, in the principal
arnount of $5,000 or any integral multiple thereof(an "Authorized Denomination"), on March 1,
2015, and on any date thereafter, at the par value thereof plus accrued interest to the redemption date.
The years of rnaturity of the Certificates called for redemption at the option of the City prior to stated
maturity shall be selected by the City. The Certificates or portions thereo fredeemed within a maturity
shall be selected at random and by lot by the Paying Agent/Registrar. The Certificates are subject to
mandatory redemption as provided in the FORM OF CERTIFICATES.
(b) Mandatory Redemption. The Term Certificates are subject to mandatory sinking fund
redemption prior to their scheduled maturities as provided in the FORM OF CERTIFICATES.
(c) Notice. At least 30 days prior to the date fixed for any such redemption, (i) a written
notice of such redemption shall he given to the registered owner of each Certificate or a portion
3
thereof being called for redemption by depositing such notice in the United Stales mail, first-class
postage prepmd, m the name of the City and at the City's expense addressed to each such registered
owner at his address shown on the registration books of the PaYing Agent/Registrar and (ii) notice
of such redemption shall be published one (1) time in a financial journal or publication of general
circulation in the United States of America carrying as a regular feature notices of municipal bonds
called for redemption; provided, however, that the failure to send, mail, or receive such notice
described in (i) above, or any defect therein or m thc sending or mailing thereof, shall not affect the
validity or effectiveness of the proceedings for the redemption of any Certificate, and it is hereby
specifically provided that the publication of notice described in (ii) above shall be the only notice
actually required in connection with or as a prerequisite to the redemption o fa.ny Certificates. By the
date fixed for any such redemption due provision shall be made by the City with the Paying
Agent/Registrar for the payment of the reqmred redemption price for the Certificates or the portions
thereof which are to he so redeemed, plus accrued interest thereon to the date fixed for redemption.
If such notice of redemption is given; and if due provision for such payment is nmde, all as
provided above, the Certificates, or the portions thereof, which are to he so redeemed, thereby
automatically shall he redeemed prior to their scheduled maturities, and shall not bear interest after
the date fixed for their redemption, and shall not be regarded as being outstanding except Car the right
of the registered owner to receive the redemption price plus accrued interest to the date fixed for
redemption ffomthe PaYing Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the registration books all such redemptions of principal of the
Certificates or any portion thereof. Ifa portion of any Certificate shall be redeemed a substitute
Certificate or Certificates having the same maturity date, bearing interest at the same rate, m any
Authorized Denomination, at the written request of the registered owner, equal to the unredeemed
portion thereof} will be issued to the registered owner upon the surrender thereof for cancellation,
at the expense of the City, all as provided in this Ordinance.
Section 4. INTEREST. That the Certificates shall bear interest firom the date specified in
the FORM OF CERTIFICATE to their respective dates of maturity or redemption prior to maturity
at the following rates per annum:
maturities 2006, % maturities 2017 __
maturities 2007, % maturities 2018 __
maturities 2008, % maturities 2019 __
maturities 2009, % maturities 2020 __
maturities 2010, % maturities 2021 __
maturities 2011, % maturities 2022 __
maturities 2012, % maturities 2023 __
maturities 2013, % nmturities 2024 __
maturities 2014, % maturities 2025 __
maturities 2015, % maturities 2026 __
maturities 2016, % maturities 2027 __
%
%
%
%
%
%
%
%
%
%
%
Said interest shall be payable in the manner provtded and on the dates stated in the FORM OF
CERTIFICATE.
Section 5. CHARACTERISTICS OF THE CERTII3ICATES. (a) The Cay shall keep
or cause to be kept at the corporate trust office in Dallas, Texas (the "Designated Trast Office") of
The Bank of New York Trust Company, N.A. (the "Paying Agertt/Registrar"), or such other bank,
trust company, financial institution, or other agency named in accordance with the provisions of(g)
of this Section hereo£ books or records of the registration and transfer of the Certificates (the
"Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and
transfer agent to keep such books or records and make such transfers and registrations under such
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reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying
Agent/Registrar shall make such transfers and registrations as herein provided. The City Manager
or the designee thereo f~s hereby authorized to execute a "Paying Agent/Registrar Agreement" in such
form attached hereto as is approved by the City Attorney. It shah he the duty of the Paying
Agent/Registrar to obtain from the registered owner and record in the Registration Books the address
of such registered owner of each certificate to which pa3anents with respect to the Certificates shall
he mailed, as herein provided. The City or its designee shall have the fight to inspect the Registration
Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/-
Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall
not permit their inspection by any other entity. Registration of each Certificate may be transferred
in the Registration Books only upon presentation and surrender of such certificate to the Paying
Agent/Registrar at the Designated Trust Office for transfer ofreg4stration and cancellation, together
with proper written instruments of assignment, in form and with guarantee of signatures satisfactory
to the Paying Agent/Registrar, evidencing the assignment of such certificate, or any portion thereof
in any Authorized Denomination to the assignee or assignees thereof, and the right of such assignee
or assignees to have such certificate or any such portion thereof registered in the name of such
assignee c: ' ssiguees. Upon the assignment and transfer of any Certificate or any portion thereof,
a new substitute certificate or certificates shall be issued in exchange therefor in the manner herein
provided
(b) The entity in whose name any Certificate shall be registered in the Registranon Books at
any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether
or not such certificate shall be overdue, and the City and the Paying Agent/Registrar shah not he
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affected by any notice to the contrary; and payment of, or on account of, the principal of, premium,
ff any, and interest on any such certificate shall be made only to such registered owner. All such
payments shall be vahd and effectual to satisfy and discharge the liabifity upon such certificate to the
extent of the sumor sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent
for paying the principal of and interest on the Certificates, and to act as its agent to exchange or
replace Certificates, all as provided in this Ordinance. The Paying AgenURegistrar shall keep proper
records of all payments made by the City and the Paying Agent/Registrar with respect to the
Certificates, and of all exchanges of such certificates, and all replacements ol'such certificates, as
provided in this Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates in the manner set forth
herein. Each certificate issued and delivered pursuant to this Ordinance, to the extent of the unre-
deemed principal amount thereof, may, upon surrender of such certificate at the Desigtmted Trust
Office of the Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees tbereof~ or its or their duly authorized attorneys or
representatives, with guarantee o fsiguamres satisfactory to the Paying AgenffRegistrar, at the option
of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully regis-
tered certificates, without interest coupons, in the form prescribed in the FORM OF CERTIFICATE,
in any Authorized Denomination(subject to the requirement heremal~er stated that each substitute
certificate shall have a single stated maturity date), as requested in whting by such registered owner
or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal
amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered
7
owner, assignee, or assignees, as the case may be. Ifa portion of any Certificate shall be redeemed
prior to its scheduled maturity as provided herein, a substitute certificate or certificates having the
same maturity date, bearing interest at the same rate, in any Authorized Denomination at the request
of the registered owner, and in an aggregate principal amount equal to the unredeemed portion
thereof, will be issued to the registered owner upon surrender thereof for cancellation. I1' any
Certificate or portion thereo fis assigned and transferred, each certificate issued in exchange therefor
shall have the same maturity date and bear interest at the same rate as the certificate for which it is
being exchanged. Each substitute certificate shall bear a letter and/or number to distinguish it from
each other certificate. The Paying Agent/Registrar shall exchange or replace Certificates as providexl
hereto, and each fully registered certificate or certificates delivered in exchange for or replacement
ora.ny Certificate or portion thereof as permitted or required by any provision of this Ordinance shall
constitute one of the Certificates for all purposes of this Ordinance, and may again be exchanged or
replaced It is specifically provided, however, that any Certificate delivered in exchange for or
replacement of another Certificate prior to the first scheduled interest payment date on the
Certificates (as stated on the face thereof) shall be dated the stone date as such Certificate, but each
substitute certificate so dehvered on or after such first scheduled interest payment date shall be dated
as of the interest payment date preceding the date on which such substitute certificate is delivered,
unless such substitute certificate is delivered on aa interest payment date, in which case it shall be
dated as of such date of delivery; provided, however, that rial the time of delivery of any substitute
certificate the interest on the Certificate for which it is being exchanged has not been paid, then such
substitute certificate shall be dated as o f the date to which such interest has been paid in full. On each
substitute certificate issued in exchange for or replacement of any Certificate or Certificates issued
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under this Ordinance there shall be printed thereon a PaYing Agent/Registrar's Authentication Certifi-
cate, in the form hereinafter set forth. An authorized representative of the Paying AgenffRegistrar
shall, before the delivery of any such substitute certificate, date such substitute certificate in the
manner set forth above, and manually sign and date such Authentication Certificate, and no such
substitute certificate shall be deemed to be issued or outstanding unless such Authentication Certifi-
cate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates surrendered
for exchange or replacement. No additional ordinanCes, orders, or resolutions need be passed or
adopted by the City Council or any other body or person so as to accomplish the foregoing exchange
or replacement of any Certificate or portion thereof; and the PaYing AgenffRegtStra.r shall provue for
the printing, executton, and delivery of the substitute certificates in the manner prescribed herein.
Pursuant to Chapter 1206, Texas Government Code, the duty of exchunge or replacement of uny
Certificates as aforesaid is hereby imposed upon the Paying Agent;Registrar, and, upon the execution
of said PaYing AgenffRegistrar's Authentication Certificate, the exchanged or replaced certificate shall
be valid, incontestable, and enforceable in the same manner and with the same effect as the
Certificates which originally were delivered pursuant to this Ordinance, approved by the Attorney
General, and registered by the Comptroller of Public Accounts. Neither the City nor the Paying
Agent/Registrar shall he required (1) to issue, transfer, or exchange any Certificate during a period
beginning at the opening of business 30 days before the day of the first mailing of a not~ce of
redemption of Certificates and ending at the close ofbnsiness on the day of such mailing, or (2) to
transfer or exchange any Certificate so selected for redemption in whole when such redemption is
scheduled to occur within 30 calendar days.
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(e) All Certificates issued in exchange or replacement of any other Certificate or portion
thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and
interest on such Certificates to be payable only to the registered owners thereof, (ii) maybe redeemed
prior to their scheduled maturities, (iff) may be transferred and asstgned, (iv) may be exchanged for
other Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the
principal of and interest on the Certificates shall be payable, all as provided, and in the manner re-
quired or md~:ated, in the FORM OF CERTIFICATE
(f) The City shall pay all of the Paying Agent/Reg~strar's reasonable and customary fees and
charges for making transfers and exchanges o fCertilicates, lint the registered owner ofanyCertificate
requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. In addition, the City hereby covenants with the registered owners of the Certificates
that it will (i) pay the reasonable and standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the
Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services
with respect to the transfer or registration of Certificates solely to the extent above provided, and
with respect to the exchange of Certificates solely to the extent above promded.
(g) The City covenants with the registered owners of the Certificates that at all times wha-
the Certificates are outstanding the City will provide a competent and legally qualified bank, trust
company, financial restitution, or other agency to act as and perform the services of Paying
Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will
be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Regis-
trar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the
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entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other
method) should resign or otherwise cease to act as such, the City covenants that promptly it will
appoint a competent and legally qualified national or state banking institution which shall be a
corporation organized and doing business under the laws of the United States of America or of a.ny
state, authorized under such laws to exercise trust powers, subject to supervision or examination by
federal or state authority, and whose qualifications substantially are similar to the previous Paying
Agent/Registrar to act as PaY'rog AgentYReg~strar under this Ordinance. Upon any change in the
Paying Agent/Registrar, the previous PaYing Agent/Registrar promptly shah transfer and deliver the
registration books (or a copy thereo0, along with ali other pertinent hooks and records relating to
the Certificates, to the new PaYmg Agent/Registrar designated and appointed by the Cay. Upon any
change in the Paying Agent/Registrar, the City promptly will cause a written notice thereo fro be sent
by the new Paying AgenffRegistrar to each registered owner of the Certificates, by Uxxited States
Mail, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar.
By accepting the position and performing as such, each Pa2,4ng Agent/Registrar shall be deemed to
have agreed to the provtsions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying AgenffRegistrar.
Section 6. FORM OF CERTIFICATES. That the form of the Certificates, including d_ie
form of Paying Agent/Registrar's Authentication Certificate, the form of Asstgnment and the form
of Regqstration Certificate of the Comptroller of Pubhc Accounts of the State of Texas to be attached
to tim Certificates imtially issued and delivered pursuant to this Ordinance, shall be in substantially
the form as set forth in Exhibit A to this OrdinanCe, with such appropriate variations, omissions, or
msurtions as are permitted or required by this Ordinance. The printer of the Certificates is hereby
-Il-
authorized to print on the Certificates (i) the form of bond counsel's opinion relating to the
Certificates, and (ii) an appropriate statement of insurance furnished by a mumcipal bond insurance
company providing municipal bond insurance, if any, covering all or any part of the Certificates.
Section 7. DEFINITIONS. That the term "Series 1995 Certificates of Obligation" shall
mean the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation,
Series 1993, dated December 1, 1993, and currently outstanding ha the aggregate principal amount
of $410,000; and the term "Code" shall mean the Internal Revenue Code of 1986, and any
amendment thereto.
Section 8. INTEREST AND SINKING FUND. That a special fund or.account, to be
designated the "City of Corpus Christi, Texas Series 2005 Combination Tax and Revenue Certificate
of Obligation Interest and Sinking Fund (Manna Development Project)" (the "Interest ~md Sinking
Fund") is hereby created and shall be established aM mahatained by the City at its off]cml depository.
The Interest and Sinking Fund shall he kept separate and apart fi.om all other funds and accounts of
the City, and shall be used only for paying the interest on and principal of the Certificates. Any ac-
crued interest derived fi'om the sale of the Certificates shall he deposited to the credit of the Interest
and Sinking Fund. All ad valorem taxes levied and collected for and on account of the Certificates
shall be deposited, ax collected, to the credit of the Interest and Shaking Fund. Dunng each year
while any of the Certificates are outstanding and unpa~ the governing body of the City shall compute
and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of the
City, with full allowances being made for tax delinquencies and the cost of tax collections, which will
be sufficient to raise and produce the money required to pay the interest on the Certificates as such
interest comes due, a~l to provide a sinking fund to pay the principal of the Certificates as such plm-
12r
cipal matures, but never less than 2% of the original amount of the Certificates as a sinking fund each
year. The rate and amount of ad valorem tax is hereby ordered to be levied against all taxable
property in the City for each year while any of the Certificates are outstanding and unpaid, and said
ad valorem tax shall be assessed and collected each such year and deposited to the credit of the Inter-
est and Sinking Fund. The ad valorem taxes necessary to pay the interest on and principal of the Cer-
tificates, as such mterest comes due and such principal matures or comes due through operation of
the mandatory sinking fund redemption to the extent provided in the FORM OF CERTIFICATE, are
hereby levied and ordered to be lev/ed and pledged for such payment, within the limit prescribed by
law. There shall be appropriated fi.om the General Fund to deposit into the Interest and Sinking Fund
moneys as may be necessary to pay the first scheduled interest payment on the Certificates of
Obligation.
Section 9. REVENUES. That the Certificates of Obhgation are additionally secured by and
shall he payable fi.om and secured by the revenues fiom the Issuer's Marina remaining aRer payment
of all maintenance and operation expenses thereof; and all other obligations now or hereafter payable
therefi.om (including, without limitation, the Series 1993 Certificates of Obligation), constituting
"Surplus Revenues". The Surplus Revenues are pledged by the City pursuant to authority of
, Ten. as Code. The Issuer shall deposit such Surplus Revenues
to the credit of the Interest and Sinking Fund created pursuant to Section 8, to the extent necessary
to pay the principal and interest on the Certificates of Obhgation. Notwithstanding the requirements
o£Section 8, ffSurplus Revenues are actually on deposit or budgeted for deposit in the Interest and
Sinking Fund in advance of the ttme when ad valorem taxes axe scheduled to be levied for any year,
then the amount of taxes which otherwise would have been requtred to be levied pursuant to Section
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8 may be reduced to the extent and by the amount oftbe Surplus Revenues then on deposit in the
Interest and Sinking Fund or budgeted for deposit herein The City anticipates that the Surplus
Revenues shall be sufficient to meet the annual debt sermce requirements of the Certificates of
Obligation and intends to use Surplus Revenues to pay such debt service.
Section 10. TRANSFER. That the City shall do any and all things necessa~ to accomplish
the transfer ofmoaies to the Interest and Sinking Fund of this issue in ample time to pay such items
of principal and interest.
Section 11. SECURITY FOR FUNDS. That the Interest and Stoking Fund created by this
Ordinar~e shall he secured in the manner and to the fullest extent permitted or required by law for
the security of public funds, and such Fund shall be used only for the purposes and in the manner
permitted or required by this Ordinance. Chapter 1208, Texas Government Code, applies to the
issuance of the Certificates and the pledge o fad valorem taxes and the Surplus Revenues granted by
the City under Sections 8 and 9, and such pledge is therefore vahd, effective, and perfected. If Texas
law is an~ended at any time while the Certificates are outstanding and unpaid such that the pledge of
the ad valorem taxes and Surplus Revenues granted by the City is to he subject to the filing
requirements of Chapter 9, Texas Business & Cowanerce Code, then in order to preserve to the
registered owners of the Certificate~ the perfection of the securi~' :~terest in satd pledge, the City
agrees to take such measures as it determines are reasonable and necessary under Texas law to
comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable
a filing to perfect the security interest in said pledge to occur.
Section 12. DEFEASANCE OF CERTIFICATES. (a) Defeased Certificates. That any
Certificate and the interest thereon shall be deemed to he paid, retired and no longer outstanding (a
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"Defeased Certificate") within the meamng of this Ordinance, except to the extent provided in
subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon
to the due date (whether such due date he by reason of maturity or otherwise) either (i) shall have
been made or caused to he made in accordance with the terms thereof, or (ii) shall have been provided
for on or before such due date by irrevocably depositing with or making available to the Paying
Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow
Agreemem") for such payment (1) lawful money of the United States of America sufficient to make
such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts
and at such times as will insure the availability, without remvestment, of sufficient money to provide
for such payment, and when proper arrangements have been made by the Issuer with the Paying
AgenffRegistrar for the payment of its services until all Defeascd Certificates shall have become due
and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder,
as aforesaid, such Certificate and the interest thereon shall no longer he secured by, payable from, or
entitled to the benefits of, the ad valorem taxes or revenues herein levied and pledged as provided in
this Ordinance, and such principal and interest shall he payable solely fi.om such money or Defea~a nee
Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby
provided that any determinalion not to redeem De feascd Certificates that is made in conjunction with
the payment arrangements specified in subsection 12(a)(i) or (ti) shall not be irrevocable, provided
that in the proceedings providing for such payment arrangements, the Issuer expressly (1) reserves
the right to call the Defcased Certificates for redemption; (2) gives notice of the reservation of that
right to the owners of the Defeased Certificates tmmediately following the making of the payment
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arrangements; and (3) directs that notice of the reservation be included in any redemption notices that
it authorizes.
(b) lnvextment in Defeasance Securittes. Any moneys so deposited with the Paying
Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities,
maturing in the amounts and ttmes as hereinbefore set forth, and all inCOme from such Defeasance
Securities received by the Paying Agent/Registrar that is not required for the payment of the
Certificates and interest thereon, with respect to which such money has been so deposited, shall be
turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow
Agreement pursuant to which the money and/or Def,'aqance Securities are held for the payment of
Defcased Certificates may contain provisions permitting the investment or reinvestment of such
moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the
satisfaction of the requirements specified in subsection 12(a)(i) or (ii). All income fi.om such
Defeasance Securities received by the PaYing Agent/Registrar which is not required for the payment
of the Defeased Certificates, with respect to which such money has been so deposited, shall be
remitted to the issuer or deposited as directed in writing by the Issuer.
(c) Defeasance Securities Defined. The term "Defeasance Securities" means (i) direct,
noncallable obligations of the United States o fPanerica, including obligations that are unconditionally
guaranteed by the United States of America, (ii) noncallable obligations of an agency or
instrumentaliW of the United States of Amenc~ including obligations that are unconditionally
guaranteed or insured by the agency or instrmnentahty and that, on the date of the purchase thereof
are rated as to investment quality by a nationally recognized investment rating finn not less than AAA
or its equivalent, and (iii) noncallable obligations ora state or an agency or a county, mumcipality,
or other political subdivision ora state that have been refunded and that, on the date onthe date the
16-
governing body of the Issuer adopts or approves the proceedings authorizing the financial
arrangements are rated as to investment quahty by a natinnally recognized investment rating firm not
less than AAA or its equivalent.
(d) Paying Agent/Registrar Services. Until all Defensed Certificates shall have become
due and payable, the PaYing Agent/Registrar shallperform the services of Paying Agent/Registrar for
such Defensed Certificates the same as if they had no t been defensed, and the Issuer shall make proper
an-angements to provkie and pay for such services as required by this Ordinance.
Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) Replacement Certificates. That in the event any outstanding Certificate is
damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed,
executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate,
as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate
in the mimer hereinafter provided.
(b) Appltcationfor Replacement Certificates. That application for replacement of damaged,
mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or destruction ora Certificate, the registered
owner applying for a replacement certificate shall furnish to the City and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each o f them harmless
from arty loss or damage with respect thereto. Also, in every case of loss, theft:, or destruction ora
Certificate, the registered owner shall furnish to the City and to the Paying Agent/Registrar evidence
to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every
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ease of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in
the event any such Certificate shall have matured, and no default has occurred which is then
continuing in the payment of the principal of or interest on this Certificate, the City may authorize the
pa)anent of the same (without surrender thereof except in the case of a damaged or mutilated
Certificate) instead of issuing a replacement certificate, provided security or indemnity is furnished
as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. That prior to the issuance of any
replacement certificate, the Paying AgenffRegistrar shall chaxge the registered owner of such
Certificate with all legal, printing, and other expenses in connection therewith. Every replacement
certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lost, stolen, or destroyed shall coostitute a contractual obhgation of the City whether or not the
lost, stolen, or destroyed Certificate shall be found at any tirm:, or he enforceable by anyone, and shall
be entitled to all the benefits of this Ordinance equally and proportionately with any and all other
Certificates duly is.sued trader this Ordinance.
(e) .~uthorityforlssuir~ t~eplacement Certificates. That m accordance with Chapter 1206,
Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of
any such replacement certificate without necessity of further action by the City or any other body or
person, and the duty of the replacement of such certificates is hereby authorized and imposed upon
the PaYing Agent/Registrar, and the Paying Agant/Registmr shall authenticate and dehver such
Certificates in the form and manner and with the effect, as provided in Section 5(a) o fthis Ordinance
for Certificates issued in conversion and exchange of other Certificates.
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Section 14. COVENANTS REGARDING TAX EXEMPTION. That the City covenants
to refi-ain fi-om any action which would adversely affect, or to take such action as to ensure, the
treatment of the Certificates ol~Obligatinn as obligations described in Section 103 of the Code, the
interest on which is not includable in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereof~ the City covenants as foflows:
(a) to take any action to assure that no mare than 10 percent of the proceeds of
the Certificates of Obliga~inn (less amounts deposited to a reserve fund, if any) are used for
any "private b~siness use," as defined in section 141(bX6) of the Code or, if more than 10
percent of the proceeds are so used, that amounts, whether or not received by the City, with
respect to such private business use, do not, under the terms of this Ordinance or any
underlying arrangement, directly or indirectly, secure or provide for the payment of more than
10 percent of the debt service on the Certificates of Obligation, in contravention of Section
141(bX2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described ia subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates of
Obligation (less amounts deposited into a reserve fund, if any) then the amount in excess of
5 percent is used for a :'private business use" wkich is "related" and not "disproportionate",
within the meaning of Section 141(b)(3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is grealer than the lesser of
$5,000,00~, or five percent of the proceeds of the Certificates of Obligation (less amounts
deposited into a reserve fund, ffany) is directly or indirectly used to finance loans to persons,
other than state or local governmental units, in contravention of Section 141(c) of the Code;
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(d) to refrain from taking any action which would otherwise result in the
Certifw~ates of Obhgation being treated as "specified private activity bends" within the
meaning of Section 14100) of the Code;
(e) to refrain fi-om taking any action that would result in the Certificates of
Obligation being "federally guaranteed" within the meaning of section 149(b) o lTthe Code;
(O to refrain from using any portion of the proceeds of the Certificates of
Obligation, directly or indirectly, to acquire or to replace funds which were used, directly or
indirectly, to acquire investment property (as defined in Section 14800)(2) of the Code) which
produces a materially higher yield over the term of the Certificates of Obllgatkm, other than
investment property acquired with --
(1) proceeds of the Certificates of Obligation invested for a reasonable
temporary period of three years or less until such proceeds are needed for the purpose
for which the Certificates of Obligation are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of Section 1.148q l(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent ~_~ the proceeds of the
Certificates of Obhgation;
(g) to otherwise restrict the use of the proceeds of the Certificates of Obhgation
or amounts treated as proceeds 0fthe Certificates o fObligati0n, as may be necessary, so that
the Certificates of Obligatinn do not otherwise contravene the requirements of Section 148
of the Code (relating to arbitrage) and, to the extent apphcable, Section 149(d) of the Code
(relating to advance refundings); and
-:20-
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of dehvery of the Certificates of Obligation) an amount that is
at least equal to 90 percent of the "Excess Ea.mings," within the meaning of Section 148(f)
oftbe Code and to pay to the United States of Ameriea, not later than 60 days after the
Certificates of Obligation have been paid in full, 100 percent of the amount then required to
be paid as a result of Excess Earnings under Section 148(0 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds~ includes
"disposition proceeds" as defined in the Treasury Regulations and, in the case of refundhag bonds,
transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of
issuance of the Certificates of Obhgation. It is the understanding of the City that the covenants con-
tamed herein are intended to assure compliance with the Code and any regulations or rulings
promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations
or ruling are hereafter promulgated which modify or expand provisions of the Code, as applicable to
the Certificates of Obligation, the City will not be required to comply with any covenant contained
herein to the extent that such failure to comply, in the opinion o fnationally-recognized bond counsel,
will not adversely affect the exemption from federal income taxation of interest on the Certificates
of Obligation under Section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated which impose additional requirements which are appheable to the Certificates of
Obl/gation, the City agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally-recognized bond counsel, to preserve the exemption from federal income
taxation of interest on the Certificates of Obligation under Section 103 of the Code. In furtherance
of such intention, the City hereby authorizes and directs the Mayor, the City Manager and the
21
Director o fFinancial Services to execute any documents, certificates or reports required by the Code,
and to make such elections on behalf of the City which may be permitted by the Code as are
consistent with the purpose for the issuance of the Certificates of Obligation.
In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established
by the City for the sole benefit of the United States of America, and such Fund shall not be subject
to the claim of any other person, including without Imutation the bondholders. The Rebate Fund is
estabhshed for the additional purpose of compliaace with Section 148 of the Code.
Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FORTHE
PROJECT. That the Issuer covenants to account for the expenditure of proceeds fi.om the sale of
the Certificates and any investment earmngs thereon to be used for the purposes described m Section
I of this Ordinance (such purpose referred to herein and Section 16 hereof as a "Project") on its
books and records by allocating proceeds to expenditures within 18 months of the later of the date
that (a) the expenditure on a Project is made or (b) such Project is completed The foregoing
notwithstanding, the Issuer shall not expend such proceeds or investment earnings more than 60 days
after the earher of(a) the filth a.rtmversary of the date of dehvery of the Certificates or (b) the date
the Certificates are retired, unless the Issuer o brains an opinion o fnationally-reco gnized bond counsel
substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the
Certificates. For purposes hereof, the Issuer shall not be obhgated to comply w~th this covenant if
it obtains a.n opinion that such failure to comply will not adversely affect the excludability for federal
income tax purposes fi.om gross income of the interest.
Section 16. DISPOSITION OF PROJECT. That the Issuer covenants that the property
constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt
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by the Issuer of cash or other compensation~ unless the Issuer obtains an opinion of nationally-
recognized bond counsel substantially to the effect that such sale or other disposition will not
adversely affect the tax-exempt status of the Certificates. For purposes of the foregoing, the portion
of the property comprising personal property and disposed in the ordinary course shall not be treated
as a transaction resulting in the receipt of cash or other compensation. For purposes hereof; the
Issuer shall not be obligated to comply with this covenant flit obtains an opimon that such failure to
comply will not adversely affect the excludability for federal income tax purposes fi-om gross itw, otne
ol'the interest.
Section 17. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES.
That the Mayor of the City is hereby authorized to have control of the Certificates initially issued and
delivered hereunder and all m:cessary records and proceedings pertaining to the Certificates pending
their dehvery and their investigation, exanfination, and approval by the Attorney General o ['the State
of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon
registration o fthe Certificates said Co mptroller o fPubhe Accounts (or a deputy designated in writing
to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached
to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on
such Comptroller's Registration Certificate.
Section 18. SALE OF CERTIFICATES. (a) Sale to Underwriter. That the sale of the
Certificates to , as representative for the underwriters named in the Bond Purchase
Agreement (the "Purchase Agreement") between the City and the underwriters named therein (the
"Underwriters"), at the purchase prtce described in the Purchase Agreement, is hereby authorized,
ratified and confirmed. One Certificate m the principal amount nmtunng on each maturity date as set
23
forth m Section 2 hereof shall be dehvered to the Underwriters, and the Underwriters shall have tho
right to exchange such certflScates as provided in Section 5 hereof without cost.
(b) Execution of Purchase Agreement. That the Purchase Agreement setting forth the terms
of the sale of tho Certificates to the Underwriters, in substantially the form attached to this Ordma-nce,
is horeby accepted, approved and authorized to be delivered in executed form to the Underwriters.
(c) Bond Insurance. The Mayor, City Manager and the Director of Fiscal Services each is
authorized, in connection with effecting the sale of the Certificates, to obtain from Firumcial Security
A~ssurance Inc (the "Insurer") a municipal bond insurance policy in support of the Certificates. To
that end, for so long as such policy is in effect, the reqtttrements of tho Insurer relating to the issuance
o fsaid policy is incorporated by reference into this Ordinance and made a part hereof for all purposes,
notwithstanding any other provision of this Ordinance to the contrary.
Section 19. APPROVAL OF OFFICIAL STATEMENT. That the "Official Statement"
prepared in connection with the sale of the Certificates, in substantially the form altacherl to this
Ordinance, is hereby accepted, approved and authorized to be delivered in executed form to the
Underwriters. The use of tho "Prelknina.ry Official Statement" prepared in connection with the sale
of the Certificates is hereby ratified.
Section 20. CONTINUING Dl,c''LOSURE OBLIGATION. (a) Definitions. As used
in this Section, the following ten'ns have the meanings ascribed to such terms below:
"MAC" means the Muncipal Advisory Council of Texas
"MSRB" means the Mun/cipal Securities Rulemaking Board.
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"NRMSIR" means each person whom the SEC or its staffhas detenmned to he a
nationally recognized municipal securities information repository within the meaning of the Rule fi.om
time to time.
"Rule" means SEC Rule 15c2-12, as amended fi.om time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any pe~on designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule fi.om time to time.
(b) Annual Reports. (i) The City shall provide annually to each NRMSIR and any SID,
within six months al~er the end of each fiscal year ending in or after 2005, financial information and
operating data with respect to the City of the general type included in the final Official Statement
authorized by Section 19 oftkis Ordinance, being the reformation described in Exhibit B hereto. Any
financial statements so to be provided shall be (1) prepared m accordance with the accounting
principles described in Exhibit B hereto, or such other accounting principles as the City may be
required to employ fi.om time to time pursuant to state law or regulation, and (2) audited, it'the City
commissions an audit of such statements and the audit is completed within the period during wkich
they must be provided. If the audit of such financial statements is not complete w~thin such period,
then the City shall provide unaudited financial statements by the required tune, and shall provide
audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when ~nd
if the audit report on such statements become available.
(ii) If the City changes its fiscal year, it will noti~, each NRMSIR and any SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise would
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be required to provide financial reformation and operating datapursuant to this Section. The fmaneial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any document (including an official
statement or uther offering document, flit is avaiLable fi-om the MSRB) that theretofore has been
provided to each NRMSIR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, m a ti~nely manner, of any ol? the following events with respect to the Ce~ificates of
Obligation, if such event is material within the meamng of the federal securities Laws:
I. Principal and interest payment delinquencies;
2. Non-payment reLated degaults;
3. Unscheduled draws on debt service reserve~ reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial dll~aculties;
5. Substitution ofcredil or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the
Certificates of Obligation;
7. Modifications to rights of holders o£ the Certificates of Obligation;
8. Certificates of Obhgation calls;
9. De l~ea~ances;
10. Release, substitution, or sak: of property securing repayment of the
Certificates of Obligation; and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide financial information or operating data m accordancv with subsection
(b) ol?this Section by the time reqmred by such subsection. Any filing under this Section may be
made solely by transmitting such t~ling to the MAC as provided at http://www.disclusureusa.or.~,
unless the SEC has withdrawn the interpretive advice stated mits letter to the MAC dated September
'7, 2004.
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(d) Limitattons. Disclaimers, and.4mendments. (i) The City shall be obligated to observe
and perform the covenants specified in this Secnon for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Certificates 0 fObhgation within the meaning of the
Rule, except that the City in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes Certificates of Obligation no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Certificates of Obhgation, and nothing in this Section, express or implied,
shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person.
The City undertakes to provide only the financial infomtion, operating data, financial statements,
and notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other reformation that may be relevant or material to a complete
presentation of the Cits/s financial results, condition, or prospects or hereby undertake to update any
information provided in accordance with this Section or otherwise, except as expressly provided
here~ The City does not make any representation or warranty concerning such information or its
usefulness to a dec[sion to invest in or sell Certificates of Obligation at any furore date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR B ENEF1CIAL OWNER OF ANY CERTIFICATE OF OBLIGATION
OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR
WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT
EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOROR
ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
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(iv) No default by the City in observing or performing its obligatmns under this Section shall
comprise a breach of or default under the Ordinance for ptaposes of any other provision of this
Ordmance. Nothing in this Section is intenderl or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City fi.om time to time to adapt to
changed cnrcumstances that arise fi.om a change in legal requirmnents, a change in law, or a change
in the identity, nature, status, or type of operations of the City, but only if(l) the provisions of this
Section, as so amended, would have permitted an underwriter to purchase or sell Certificates of
Obligat ton in the primary offering 0 fthe Certificates of Obligation in compliance with the Rule, taking
into account any amendments or interpretations of the Rule since such offering as well as such
clanged circumstances and (2) either (a) the registered owners of a majority in aggregate principal
amount (or any greater amount required by any other provision of this Ordinance that authorizes such
an amendment) of the outstanding Certificates of Obligation consent to such amendment or (b) a
person that is unaffiliated with the City (such as nationally recognized bond counsel) determined that
such amendment will not materially tmpair the interest of the registered owners and beneficial owners
of the Certificates of Obhgation. If the City so amends the promsions of this Section, it shall include
with ',y amended financial information or operating data next provided in accordance with
subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and
of the impact of a.ny change in the type of financial information or operating data so provided. The
City may also amend or repeal the provisions of this continuing dzsclosure agreement if the SEC
amends or repeals the apphcable provision of the Rule or a court 0 f final jurisdiction enters judgment
that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this
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sentence would not prevent aa under'writer fi-om lawfully purchasing or selling Certificates of
Obligation in the primary o ffenng of the Certificates of Obligation~
Section 21. DTC REGISTRATION. That the Certificates oi~Obligation initially shall he
issued and delivered m such manner that no physical distrib~ tion of the Certificates of Obligation will
be made to the public, and The Depository Trust Company ("DTC"), New York, New Yodc, initially
will act as depository for the Certificates o£Obligation. DTC has represented that it is a hrnited
purpose trust company incorporated under the laws of the State of New York, a member of the
Federal Reserve System, a "clearing corporation" within the meaning o£the New York Uniform
Commercial Code, and a "cleanng agency" registered under Section 17A o£the Securities Exchange
Act of 1934, as amended, and the City accepts, but in no way verifies, such representations. The
Certificates of Obligation initially authorized by this Ordinance shall be delivered to and registered
m the name o£CEDE & CO., the nominee oI~DTC. It is expected that DTC will hold the Certificates
of Obligation on behal£ o£ the Underwriters and their respective participants So long as each
Certificate o fObligation is reg~ered in the name of CEDE & CO., the Paying Agent/Registrar shall
treat and deal with DTC the same in all respects as ifil were the actual and heneficml owner thereof.
It is expected that DTC will maintain a book-entry system which will identify ownership of the
Certificates of Obligation in integral amounts of $5,000, with tnmsfers o£ownership being effected
on the records of DTC and its participants pursuant to rules and regulations established by them, and
tha~t the Certificates of Obligation initially deposited with DTC shall be inunobilized a~d no t be further
exchanged for substitute Certificates of Obligation except as hereinat~er provided. The City is not
responsible or liable for any functions of DTC, will not be respons~le for paying any fees or charges
with respect to its services, will not be respo~ible or liable for maintaining, supervising, or reviewing
the records of DTC or its participants, or protecting any mterests or rights of the beneficial owners
29
of the Certificates of Obligation. It shall be the duty of the DTC Participants, as defined in the
Official Statement herein approved, to make all arrangements with DTC to establish this book-entry
system, the beneficial ownership of the Certificates of Obligation, and the method of paying the fees
and charges of DTC. The City does not represent, nor does it in any way covenant that the initial
book-entry system established with DTC will be maintained in the future. Notwithstanding the initial
establishment of the foregoing book-entry system with DTC, if for any reason any of the originally
delivered Certificates of Obligation is duly filed with the Paying Agent/Registrar with proper request
for transfer and substitutkm, as provided for in this Ordinance, substitute Certificates of Obhgation
will be duly delivered as provided in tlus Ordinance, and there will he no assurance or representation
that any book-entry system will be maintained for such Certificates o fObligation~ In coimection with
the initial establishment of the foregoing book-entry system with DTC, the City heretofore has
executed a "Blanket Letter of Representations" prepared by DTC m order to implement the book-
entry system described above.
Section 22. INTEREST EARNINGS; PREMIUM. Interest earnings derived from the
investment of proceeds fi-om the sale of the Certificates shall he used along with other proceeds for
the construction of the permanent improvements set forth in Section I hereof for which the
Certificates axe issued; provided that after con~. ~,tion of such pen'na.nent improvements, if any of
such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and
Sinking Fund. It is further provided, however, that any interest earnings on proceeds which are
required to he rebated to the United States o fAmerica pursuant to this Ordinance hereof in order to
prevent the Certificates from being arbitrage bonds shall he so rebated and not considered as interest
earnings for the purposes of this Section. All premium received m connection with the sale of the
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Certificates shah be used in a manner consistent with the provisions of Section 1201.029, Texas
Government Code. The City Council hereby finds that the sum of the aggregate principal amount of
the Certificates and prermum, if any, received as part of the purchase price for the Certificates to he
expended for the construction of the permanent improvements set forth in Section I hercofwill not
exceed the maximum amount o fCertificates authorized to he sold in the notice of intention published
in connection with the sale of the Certificates.
Section 23. CONFLICTLNG PROCEEDINGS. That aH ordinances and resolutions or
parts thereof in conflict herewith are hereby repealed.
Section 24. OFFICIALS AUTHORIZED TO ACT ON BEHALF OF THE CITY. That
the Mayor, the City Secretary, the City Manager, any Assistant City Manager or the Director of
Financial Services of the City, and all other officers, employees, and agents of the City, and each of
them, shah be and they are hereby expressly authorized, empowered, and directed fi.om time to ttrne
and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver
in the name and under the seal and on hehalfof the City aH such instruments, whether or not herein
mentioned, as may be necessary or desirable m order to carry out the terms and provisions of this
Ordinance, the Certificates, the offenng documents prepared in connection with the sale of the
Certificates, or the Paying AgenffReg/stra.r Agreement. In case any officer whose signature appears
on any Certificate shall cease to he such officer before the delivery of such Certificate, such signature
shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in
office umil such delivery.
Seetion 25. RULES OF CONSTRUCTION. That for allpurposes ofthls Ordinance, unless
the context requires otherwise, all references to designated Sections and other subdivisions are to the
31
Sections and other subdivisions of this Ordinance. The words 'hereto", "hereof' and "hereunder"
and other words of similar irn~rt refer to this Ordinartce as a whole and not to any particular Section
or other subdivision_ Except where the context otherwise requires, terms defined in this Ordinance
to impart the singular number shall be considered to include the plural number and vice versa.
References to any named person means that party and its successors and assigns. References to any
constitutional, statutory or regulatory provision means such provision as it exists on the date this
Ordinance is adopted by the City and any fature amendments thereto or successor provisions thereof.
Any reference to the payment of principal in this Ordinance shall be deemed to include the payment
of any mandatory sinking fund redemption payments as descr/hed herein. Any reference to "FORM
OF CERTIFICATE" shall refer to the form of the Certificates set forth in Exhibit A to this Ordinance.
The titles and headings of the Sections ami subsections ofthls Ordinance have been inserted for
convenience of reference only and are not to be considered a part hereof and shall not in any way
modify or restrict any of the terms or provisions hereof.
Section 26. IMMEDIATE EFFECT. That in accordance w~th the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption
by the City Council.
ADOPTED this 14th day of June, 2005.
ATTEST:
Mayor, City of Corpus Christi, Texas
City Secretary, City of Corpus Christi, Texas
(SEA )
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APPROVED THIS __ DAY OF JUNE, 2005:
MARY KAY FISCHER, CITY ATI'ORNEY
-33
FORM OF CERTIFICATE
NO. R- UNITED STATES OF AMERICA $
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 2005
(MARINA DEVELOPMENT PROJECT)
MATURITY DATE
INTEREST RATE ORIGINAL ISSUE DATE CUSIP
% June 1, 2005
ON THE MATURITY DATE specified above, THE CITY OF CORPUS CHRISTI,
TEXAS (the "City" or the "Issuer"), being a pohtical subdivision of the State of Texas, hereby
promises to pay to (hereinafter called the "registered owner") the
principal amount of
DOLLARS
and to pay interest thereon fi-om the Original Issue Date specified above, on March 1, 2006, and
semiannually on each September I and March I thereafter to the maturity date specified above or
the date of its redemption prior to scheduled maturity, at the interest rate per annum specified
above; except that if this Cert/ficate is requked to be authenticated and the date of its
authentication is later than March 1, 2006, such interest is payable semiannually on each
September 1 a_sd March I following such date.
THE PRINCIPAL OF AND INTEKEST ON this Certificate are payable in lawful money
of the Un/ted ~-tates of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the
corporate trust office in Dallas, Texas (the "Designated Trust Office") of The Bank of New York
Trust Company, N.A. (the "PaYing Agent/Registrar"). The payment of interest on this Certificate
shall be made by the PaYing AgenffRegistrar to the registered owner hereof as shown by the
Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of
the month next preceding such interest payment date by check drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent
by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such in-
terest payment date, to the registered owner hereof at its address as it appears on the Registration
Books kc-pt by the Paying Agent/Registrar, as hereinafter described, or by such other method,
acceptable to the Pay/ng Agent/Registrax, requested by, and at the risk and expense of, the
registered owner. The Issuer covenants with the registered owner of this Certificate that no later
than each principal payment and/or interest payment date for this Certificate it w/Il make available
to the Paying Agent/Registrar fi.om the Interest and Sinking Fund as defined by the ordinance
authorizing the Certificates (the "Certificate Ordinance") the amounts requured to provide for the
payment, in immediately available fimds, of all principal of and interest on the Certificates, when
due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal hohday, or a day on which banking institutions in the city where the
Designated Trust OflSea of the PaYing Agent/Registrar is located axe authorized by law or ex-
ecutive order to close, or the United States Postal Serv~ is not open for business, then the date
for such payment shall he the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to close, or the United States Postal
Service is not open for business; and payment on such date shall have the same force and effect as
ffmade on the original date payment was due. Notwithstandtng the foregoing, during any period
in which ownership of the Certificates is determined only by a hook entry at a securities
depository for the Certificates, any payment to the securities depository, or its nominee or
registered assign~ shall he made in accordance with existing m-rm~gements between the Issuer and
the securities depository.
THIS CERTIFICATE is one of a Series of Certificates (the "Certificates") dated the
Original Issue Date specified above, authorized in accordance with the Constitution and laws of
the State of Texas in the principal amount of $4,500,000 FOR THE PURPOSE OF PROVIDING
PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE
INCURRED FOR THE CITY WITH RESPECT TO THE CITY'S MARINA DEVELOPMENT
PROJECT, TO-WIT: the construction of improvements to the City's Marina facihties, including,
without hmitatlon, paYing contractual obligations to he im:urred w~th respect to the construction
of new recreational boat slips, hoaters facilities/bathrooms and a new commercial dock on the
People Street T-Head, and the payment of fiscal, engineering and legal fees incurred in connection
therewitk
ON MARCH 1, 2015, or on any date thereal~er, the Certificates of this Series maturing on
March 1, 20~6 and thereaRer may he redeemed prior to their scheduled maturities, at the option
of the Issuer, with funds derived fi.om any available and lawful source, as a whole, or in part
(provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000),
at par and accrued interest to the date fixed for redemption. The years of maturity of the
Certificates called for redemption at the option of the Issuer prior to stated maturity shall be
selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be
selected at random and by lot by the Paying Agent/Registrar; provided, that during any period in
which ownership of the Certificates ts determined only by a book entry at a securities depository
for the Certificates, if fewer than all of the Certificates oftbe same maturity and bearing the same
interest rate are to be redeemed, the particular Certificates of such maturity and bcafing such
interest rate shall he selected in accordance with the arraagements between the Issuer and the
securities depository.
THE CERTIFICATES are also subject to mandatory redemption in part by lot pursuant to
the terms of the Certificate Ordinance, on March I in each oftbe years 20__ through 20__, with
respect to Certificates maturing March l, 20__, in the following years and in the following
amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the
date of redemption, without premium:
Principal Amount ($)
*Final Maturity
To the extent, however, that Certificates subject to sinking fund redemption have been previously
purchased or called for redemption in part and otherwise than fi.om a sinking fund redemption
payment, each annual sinking fired payment for such Certificate shall be reduced by the amount
obtained by multiplying the principal m'nount of Certificates so purchased or redeemed by the ratio
which each remaining sinking fund redemption payment for such Certificates bears to the total
remaining sinking fund payments, and by rounding each such payment to the nearest $5,00~
integral; provided, that during any period in which ownership of the Certificates is determined
only by a book entry at a securities depository for the Certificates, the particular Certificates to he
called for mandatory redemption shall be selected m accordance with the arrangements between
the Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any such redemption. (a) a written notice of
such redemption shall be given to the registered owner of each Certificate or a portion thereof
being called for redemption by depositing such notice in the United States mail, first-class postage
prepaid, addressed to each such registered owner at his address shown on the Registration Books
of the Paying Agent/Registrar and (b) notice of such redemption shall be published one (1) time in
a financial journal or publication of general circulation in the United States of America or the
State of Texas carrying as a regular feature notices o, municipal bonds called for redemption,
provided, bowever, that the failure to send, mail, or receive such notice described in (a) above, or
any defect therein or m the sending or maiting thereo[ shall not affect the validity or effectiveness
of the proceedings for the redempUon of any Certifica.~, and the Certificate Ordinanoe provides
that the publication of notice as described in (b) above shall be the only notice actually required in
connection with or as a prerequisite to the redemption of any Certificates. By the date fixed for
any such redemption due provision shall he made by the Issuer with the Paying Agent/Registrar
for the payment of the requa'ed redemption price for this Certificate or the portion hereof which is
to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice
of redemption is given, and if due provision for such payment is made, all as provided above, this
Certificate, or the portion hereof which is to be so redeemed, thereby automatically shall he
redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its
redemption, and shall not be regarded as being outstanding except for the right of the registered
owner to receive the redemption price plus accrued interest to the date fixed for redemption from
the Paying Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record m the Registration Books all such redemptions of principal of this
Certificate or any portion hereof. If a portion ol~ any Certificate shall he redeemed a substitute
Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000. at the written request of the
registered owner, and in aggregate principal amount equal to the unredeemed portion thereof; will
be issuedto the registered owner upon the surrender thereof for cancellation, at the expense of the
Issuer, all as provided in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered
certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As
provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at
the request of the registered owner or the assignee or assignees hereof, be assigned, transferred,
and exchanged for a like aggregate principal amount of fully registered certificates, without
interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case
may he, having the same maturity date, and bearing interest at the same rate, in any denomination
or denominalions m any integral multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee, or assignees, as the case may he, upon surrender of this Certificate to
the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with
the form and procedures set forth in the Certificate Ordinance. Among other requirements for
such assignment and transfer, this Certificate must be presented and surrendered to the Pay/ng
Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of
signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or
any portion or portmns hereof in any integral multiple of $5,000 to the assignee or assignees in
whose name or names this Certificate or any such portion or portions hereof is or are to he
transferred and registered. The form of Asstgnment pnnted or endorsed on this Certificate may
be executed by the registered owner to evidence the assignment hereof, but such method is not
exclusive, and other instmrnents of assignment satisfactory to the Paying AgentJRegistrar may he
used to evidence the assignment of this Certificate or any portion or portions hereof from time to
time by the registered owner. The Issuer shall pay the Paying Agent/Registrar's reasonable
standard or customary fees and charges for transferring and exchanging any Certificate or portion
thereof. Ln any circumstance, any taxes or governmental charges required to be paid with respect
thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition
precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying
Agent/Registrar shall be required (1) to make any transfer or exchange during a period beginning
at the opening of business 30 days before the day of the first mailing of a notice of redemption of
certificates and ending at the close of business on the day of such mailing, or (2) to transfer or
exchange any certificates so selected for redemption when such redemption is scheduled to occur
within 30 calendar days.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Certificates, the foregoing requirements of holding, delivering or
transfemng this Certificate shall be modified to require the appropriate person or entity to meet
the requirements of the securities depository as to registering or transferring the book entry to
produce the same effect.
1N THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance
that it promptly will appoint a competent and legally qualified substitute therefor, and cause
written notice thereo[ to be mailed to the registered owners of the Certificates.
BY BECOMING the registered owner of tkis Certfficate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to he bound by
such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and
available for tnSPect~on in the official minutes and records of the Issuer, and agrees that the terms
and provisions of this Certificate and the Certificate Ordinance constitute a contract between each
registered owner hereof and the Issuer.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to
be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of
this Certificate have been performed, e:dsted, and been done in accordance with law; that this
Certificate is a direct obhgation of the City, issued on the full faith and credit thereof; that annual
ad valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied ard ordered
to be levied against all taxable property in the City, and have been pledged for such payment,
within the limit prescribed by law; and that the "Surplus Revenues" (as defined in the Certificate
Ordinance) of the City's Sohd Waste System rernaimng at, er payment of all maintenance and
operation expenses thereol~ and all other obligations now or herea~er payable therefrom, as
provided m the Certificate Ordinance, have been pledged as additional security for the
Certificates.
IN WITNESS WHEREOF, this Certificate has been signed with the m.m~nal or facsimile
signature of the Mayor of the City, attested by the manual or i~acsimiie signature of the City
Secretary of the City, and the official seal of the City has been duly affixed to, impressed, or
placed in facsimile, on tiffs Certificate.
City Secretary, City of
Corpus Christi, Texas
Mayor, City of Corpus Christi, Texas
(SEAL)
FORM OF PAY1NG AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/KEGISTKAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obhgation has been issued under the provisions
of the Certificate Ordinance descnlxxt on the face of this Certificate of Obligation; and that this
Certificate of Obhgation has been ISSUed in exchange for or replacement of a certificate of
obligation, certificates of obligation, or a portion of a certificate of obhgation or certificates of
obligation of an issue which originally was approved by the Attorney General of the State of
Texas and registered by the Comptroller of Pubhc Accounts of the State of Texas.
Dated
THE BANK OF NEW YORK TRUST
COMPANY, N.A.
By
Authorized Representative
FORM OF ASSIGNMENT
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
(Please insert Social Security or Taxpayer Identification Number of Transferee)
/ /
(Please print or typewrite name and address, including
z~p code of Transferec)
the witkin Certificate of Obhgation and all rights
thereunder, and hereby irrevocably constitutes and appoints
attorney to register the transfer of the within Certificate
of Obligation on books kept for registration thereof, with
full power of substitution in the premises.
Dated:
Signature Guaranteed:
~OTICE: Signature(s) must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears upon
the fi-ont of this Certificate of Obhgatinn
m every particular, without alteration or
or enlargement or any change whatsoever.
*FORM OF COMPTROLLER'S CERTIFICATE ATFACHED TO
THE CERTIFICATES UPON INITIAL DELIVERY THEREOF
OFFICE OF COMPTROLLER :
STATE OF TEXAS :
REGISTER NO.
I hereby certify that there is on file and of record m my office a certificate of the Attorney
General of the State of Texas to the effect that ttus Certificate has been examined by him as
required by law, and that he finds that it has been issued in conformity with the Constitution and
laws of the State of Texas, and that it is a valid and binding obligation of the City of Corpus
Christi, Texas, payable in the manner provided by and in the ordinance authorizing same, and said
Certificate has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas this
(SEAL)
Comptroller of Public Accounts of
the State of Texa.s
NOTE TO PRINTER:
*¶ not to be on certificate
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 20 of this Ordmanee.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section am as specified (and included in the Appendix or under
the headings of the Official Statement referred to) below:
Appendix Ph under the headings: "Debt Payable Rom Taxes", "General Fund Revenues",
"General Expenses", "Ad Valorem Taxes", "Municipal Hotel Occupancy Taxes", "Solid
Waste Operations", and "The Tax Increment Fmaneing Act"; and
Appendix C, "Combined Financial Statements of the City of Corpus Christi, Texas for the
Fiscal Year ended July 31, 20(}4.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles
described in the notes to the financial statements referred to in paragraph 2 above.
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI
I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify
that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City
Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 14th
day of June, 2005, authorizing the ~ssuance of $4,500,0(K} Combination Tax and Revenue
Certificates of Obl.igation, Series 2005 (Manna Development Project), which ordinance is duly o[
record in the minutes of said City Council, and said meeting was open to the pubhc, and public
notice of the time, place and purpose of said meeting was given, all as required by Texas
Govermnent Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the 14th day of June,
2005.
City Secretary, City of Corpus Christi, Texas
(SEAL)
5
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of one 500 KW emergency generator
set from Loftin Equipment Co., Sta£ford Texas, for a total of $80,871.15. The award is based on
thc cooperative purchasing agreement with thc Houston Galveston Area Council of Governments
(H-GAC). The generator will be installed at the Health Department Funds are budgeted in the
No. 1066 Ifealth Grant Fund-PHP preparedness 04-05 budget.
Purpose:
Basis of Award:
The 500 KW emergency generator will be installed at the Health
Department Building located at 1702 Home Rd The generator set
consists of a service entrance rated transfer switch and a 1,730
gallon fuel tank that will allow the Health Department to maintain
operations in the event of loss of power to the building.
The generator will be purchased through the cooperative
purchasing agreement with Houston-Galveston Area Council of
Governments, (H-GAC). H-GAC acts as a purchasing agent for
participating members through the Inter-local Cooperation Act and
abides by all Texas statuses regarding competitive bidding
requirements.
Funding:
Health Grants
Project 831505 PItP Preparedness.
530000-1066-00000-831505
$80,871.15
1
Procurement & Gener:q Serx ices Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - Michael Barrera
BID TABULATION '
B1-0128-05
Emergency Generator
ITEM
DESCRIPTION
QTY. UNIT
Lo[tin Equipment Co
Stafford, Texas
Unit
Price
Ex[ended
Price
500 KW deisel generator, including service
entrance rated transfer switch and 1730
gallon fuel tank
Total
1 each
$80,871.15
$80,871.15
$80,871.15
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 06J14/2005
AGENDA I I ~-M:
A. Resolution authorizing the City Manager or his desig ~r'~c to accept grant funding
in the amount of $25,000 from the Texas Department of Transportation for an
Impaired Ddving Mobilization Selective Traffic Enforceme~ Project (STEP) grant
for DWI enforcement overtime within the Police Department and to execute all
related documents.
B. Ordinance appropriating $25,000 from the Texas Department of Transportation
for funding of an Impaired Driving Mobilizatien Selective T, al~c Enforcement
Project (STEP) grant for DWI erfforcement overtime within the Police
Department in No. 1061 Police Grants Fund; and declaring an emergency.
ISSUE: Because the state of Texas continues to lead the nation in the number of DWI
deaths, injuries and alcohol related crashes, funds are available to conduct a special
Impaired Ddving Mobilization overtime enforcement program.
BACKGROUND INFORMATION: The Slate of Texas, Department of Transportation is
providing funding for a special Impaired Ddving Mobilization STEP for the padod of
July 1, 2005 - April 30, 2006. The grant plac~__~ overtime officers across the City with
various hours of operation. The goal of the grant is to make a minimum of 92 DWI
arrests dudng this time pedod.
REQUIRED COUNCIL ACTION: A__,'~=~p_ ting the grant and appropriating funds.
FUNDING: Officers will be working on an overtime basis with the State providing 100%
of the salary and retirement. The City provides mileage costs at $2,030 from the 0405
and 0506 Police Uniform budget.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
Chief of Police
Attachments:
TXDOT Contract
RESOLUTION
AUTHORIZING THE CITY' MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $25,000
FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN
IMPAIRED DRIVING MOBIMZATION SELECTIVE TRAFFIC ENFORCEMENT
PROJECT (STEP) GRANT FOR DWI ENFORCEMENT OVERTIME PAY
WITHIN THE POLICE DEPARTMENT AND TO EXECUTE ALL RELATED
DOCUMENTS.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
SECTION 1. The City Manager, or the Cib/Manager's designee, is authorized to
accept grant funding in the amount of $25,000 from the Texas Department of
Transportation for an Impaired Ddving Mobilization Selective Traffic Enforcement
Project (STEP) Grant for DVVI enforcement overtime within the police deparlment
and for overtime to execute all related documents for the time period of Ju~y 1,
2005 through April 30, 2006.
SECTION 2. The City Manager, or the City Managers designee, may accept,
reject, agree to alter the terms and conditions, or terminate the grant, if said grant
is awarded to the City.
SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned, in full, to the Texas Department of
Transporta[ion.
An'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Assistant City Attorney
Corpus Chdsti, Texas
day of
,2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garda
Bill Kelly
Rex A. KJnnison
John E. Marez
Jesse Noyola
Mark Sco~t
H:~LEG~)lR~,e,rz~ab~lh~3ep~ F'des~EH Reso~uflons~Hres155.doc
ORDINANCE
APPROPRIATING $26,000 FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING MOBILIZATION
SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR DWI
ENFORCEMENT OVERTIME WTI'HIN THE POLICE DEPARTMENT IN THE No.
1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $25,000 from the Texas Department of Transportation is
appropriated in the No_ 1061 Police Grants Fund for funding of an Impaired Ddving
Mobilization Selective Traffic Enforcement Project (STEP) Grant for DVVI enforcement
overtime for the time per~od of July 1, 2005 through April 30, 2006 in the No. 1061
Police Grants Fund; and dedadng an emergency.
SECTION 2. That upon written request of the Mayor ~ five Council Members, the
City Coundl (1) finds and deda-es an emergency due to the need for immediate
actio~ for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this, the day of ,2005.
ATTEST:
THE crI-Y OF CORPUS CHRISTI
A,,,,ando Chapa, City Secretary Henry Garret't, Mayor
Legal F Approved~)~-~/~u~ ~ ,2005;
Ra~y A. Stoneroad
Assistant City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinanoe to be considered and voted upon at two regular meetings. Therefore, I/we
requesl that you suspend said Charter rule and r~ally pass this ordinance on the date
of its introduction, or at bhe present meeting of the City Council.
Respectfully,
Respectfuily,
Henry Gan-eft
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Gan'eft
Brent Chesney
Jen'y Garda
John Edward Marez
Bill Kelly
Rex A. KJnnison
Melody Cooper
Jesse Noyola
Mark Scott
[] Fe~-~l Pass Through
Grant Funds CFDA #20.60~
[] Slate Gm~ Funds
-- For TxDOT Use Only --
Misc. Contract Number:
Charge Numbe~
Project Yea~ N/A
PIN (14 chamcte~ only):
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAV1S
THIS AGREEMENT IS MADE BY and bet~eon the State of Texas, acang by and thro~h the Texas
Department of Translxn tation, beremafter ~ the Deparlmemt, and City of Corl~us Christi, heremafl~
called the Subgtan/ee, and be~t~s effective when fully exeoated by both parties For the purpose ofthi~
a~enx~ the Subgrantee ~s desig~toa as a(n):
[] State Ag~mcy [] N~n-Profit O ~r~ni~tion .
[] u~t of Lc~ai Govenm~u [] Educatioml hstlOX~
[] Other (describe):
AUTHORITY: Texas Transgnmafion Code, Chapter 723, the Traf~c Safety Act of 1967, and tbe
HiEhway Safety Plan for the following Fiscal Year(s) 2005/2006.
Project Title: STEP - Impaired DriVing Mobiliration (1DM 163)
Brief Project Description: TO conduct a sustainexl DWI enforom~ effort in order to increase DWI
Grant Period: The G-rant becomes effective on July 1, 2005, or on the date of final si~m~anzre of both
pames, whichever is later, and ends on Annl 30, 2006 un]ess terminated or otberw~se ratified.
Maximum Amount Eligible for Reimbursement: $25,000.
The following --~rhn~zas are InCOrporated as ind~tod as a part of the G-mm Agreement: · ^naehrnent A, Mailing Addresses
· Anaehrr~at B, Omeml Terms and ~ (TxDOT Form 1854)
· .s. nn~t C, Project De~il,,fon (TxDOT Form 2076)
· Attachlramt D, Aclion Plan (TxDOT Form 1852)
· P, nnt'hm~ E, Project Budget (FxDC'7 Form 2077 or 2077-LE)
[] AOachrnent F, Operational Plan (TxDOT Fol~n 2109) (for Selective T~ffic Enfot,.~a~mt
Program grants only)
Project Title: STEP - Impaired DriVing Mobili~¢ion (IDM 163)
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The si~maato~j for fl~e Subgranlee hereby ~epresents and warrants that shedhe is an o[~ctgr of the
orLmni~ncm for which she.~ has executed this agreem~ and that she~ has full and complete authority
to ent~ into this agreement on b~half of the o~. At the time I~e s~na~ry for the Subgrantee
si~ the Gv~at ~ she/he will sign a~d submit to the DepaCammt a letter desi~onating si~onamre
performance reports, final performance n~l~rt and admini~a'aave evaluation report, Rm~ests For
THE SUBGRANTEE
THE STATE OF TEXAS
C0~v of Corpus Christi
[~-ga~ N~ of agency]
By
[Authoriz~ Signaturel
George K. Noe
[Name]
City Mana~.oer
lTitlel
Execut~ f~r the Exeoative Dire~r and approved
for the Texas Tmnsportafi~ Co.....issi~a for the
purpose and effect of acfivamag and/or ~arrymg out
approved and authorized by the Texas
Tvansporlaaon Conumss~u_
By
Disuict Fmgi?seer
Texas Department of Transportation
lNamel
Under authority of Ordinance or Resolution
Number (for local governr~nts):
[Title]
Date:
By
Du-ector, Traffic Operations Divisio~
Texas Depamnent of TranSom
('Not required for local project grants
$~00,000.)
Attachment A
Project Title: STEP - lmpaire~l DriVing Mobilization (IDM 163)
M ailing, Addresses
For thc purpose ofthi~ ag~ancnt, thc following addresses shah be used to mail aH required notices,
reports, ~lmlm% and ¢Ol'l~$poIld~ll(~. (NOTE: Fo~ warrants (checks), thc address ind~t~ by thc
electromc mail code, which is the last three diglts of the PIN on page l of this Gram Agreeme~ sl~all be
used for disbmsing payments. If tim add~ss is not where the Subgtantee want~ warrants or checks to be
seal the Subgraatee ~j to notify the Depamneat of aay appropriate chaages.
For S~gr~tee (Project lli~:~r):
Name: P. Alva..z, Jr.
Organization: City of Corpas Christi
Addre~: P. O. Box 9016
~ Christi. Te.~as 78469
Phone: 361-886-2604
Fax: 361-886-2607
Note: Any change in the Subgrantee iaformation in this Anaehme~t A, Mailing Addresses, does not require
an amendment to the Grant ~. However, the Subgrant~e must submit a letter with the corn:cted
infonnaaon to the Dcpa~t~mt nd,tress below within 15 days of the eJxange.
For Texas Depar~men't of Trln~ortation:
Name:
Organizatloa:
Addreaa:
Phone:
Fax:
E-mail:
Attachment B
Project Title: STEP - Impaired Drivint Mobilization ¢IDM 163)
Subgrantee: City of Corpus Christi
Teias Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
safi~Cact~y proof of its compliam:e th~mvi~.
ARTICLE 2. STANDARD ASSURANCES
The Subgramee hereby assures and certifies flint it will co..ply with the regulations, policies, gmdelines,
and requLrements, including 49 CFR (Code of Federal Reg,,lations), Part 18; 49 CFR. Part 19 (OMB
[Offic~ of Managemmt ami Budget] Circular A-Il0); OMB Circular A47; OMB Circular A-102; OMB
Circalar A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program ManuaL, as
they nfla~ to the apphcatio~ a~ptance, and ase of federal or state funds for this project. ALso, tl~
Subgnmtee assures and cmXifies that:
A. k possesses legal mm~aWy to apply for the gram; and that a n:solul~m, ruction, or similar action ~
been duly adoptgd or passed as an official act of the applicant's governing body, authorizing the filing
authorizing the peyotl id~mtified as the official represontative of the applicant to a~t in connection voth
th~ application ~nd to provide such additional information as may be required.
B It and ~ts subcontractors will comply ~ Title VI of the Civil Right~ Act of 1964 (Public Law
352). as amended, and in accordance with that Act. no person shall discrirninatg, on the grounds of
race. color, sex. national orion, age. religion, or disabdity.
C. It ~ c~aply vAth ngquiremea~ of the provisions of the Uniform R~localion Assqstam:e and Real
Property Acquisitions Act of 1970, as amended; 42 USC (United State~ Code) §~4601 et seq.; and
Property Acquisition for Federal and Federally Assisted Progranu,' 49 CFR, Part 24. which provide
for fair and ~iuitable tnmmamt of persons displaevd as a result of federal and federally assisted
pmgrams.
D. It will oau~ly with tim prOVtSions of the Hatch Political Activity A~ which lim~ the political activ~'y
of employees. (Se~ also Article 25, LobbYing Cecdficafic~.)
E. It will comply with the fodgral Fair Labor S~mdards Act's mmim~ma wage and over,ne ~m~a~s
for gmployces [gl'forming project work.
F. It will establish safeguards to prohibit ~aqaloyees from using their positions for a purpose Ih,at is or
givm the appearance of being mo~vated by a desire for privale gain for themselves or others,
paxticularly those wifl~ whom they have family, business, or other ties.
G. It will give the Departmmt the access to and tbe right to examine all nwxmts, boo~, papers, or
documents related to this Grant Agr~m~nt
Attachment B
Projeet Title: STEP - Impaired Drivim, Mobilizalion (IDM 163)
Subgrantee: City of Corlms Christi
H. It will comply with all requiremems imposed by the Departmem concerning special requirements of
law, program requirem~ats, a.nd other adminiqxative requirementg
It tecogni,vs that many federal and .~mt~ laws imposing envirotlmmtal and resource conservation
requir~aents may apply to this Gnaat Agreemeat Some, but no~ all, of the major federal law that may
affect the pro~ect include: the NafiemM Envflo,m,ental Policy Act of 1969, as amended, 42 USC
§~4321 et seq.; the Clean Air Act, as anaeaded, 42 USC §§7401 et seq. and sections of 29 USC; the
Federal Water Pollution Conlxot Aet, as ~. 33 USC §§1251 et seq.; the Resource Conservation
and Recovery Act, as ameaded, 42 USC §§6901 et seq.; and the Comprehensive Envtronme-tal
Response, Ccnxqxasafion, and Liability Act, as amended, 42 USC §§9601 et seq. The Sub/~ntee also
reeogniz~ that the U.S. Envtronmemal Protection Agency, USDOT, and other federal agencies have
issued, and ia the fim,m are expected to issue, reg~datlon, guideline, sta~la~ds, Ordlx~ dire~ives, or
otlmr requirements that may affect thi~ Project. Thus, it agrees to comply, and assures the compliance
governlm~t may now or in the future prcnwdg~te
It will cc~aply with the flood msmancc purchase n:quhca,sents of Section 102(a) ~ ~ ~
~ A~ of 1973, 42 USC ~01~a) ~ 102(a) ~, ~ ~ ~ ~ 2, 1975, ~
p~ offl~ ~ m ~ ~ ~ ~ m a~le ~ a ~fi~ ~r ~
~ of ~y f~ ~ ~s~ f~ ~ ~ ~i~ ~ for ~ ~ ~y ~
~~by~of~~ofH~U~d~
~ ~ ~ ~ ham~. ~ p~ ~ ~ ~" ~1~ ~y ~ ofl~
~ ~, ~ ~ ~, susie, di~ ~ ~ or ~ ~ ~y fo~ of
~ or ~ f~ ~s~.
K It will assist the Depaxtmeat in its compliance with Section 106 of the National Historic Preservation
Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of
Texas (National Resources Code, Chapter 191).
L It will comply with Chapter 573 oftbe Texas Government Code by ensuring t~t no ol~cer, employee,
or n~nber of the Subgnmtee's governing board or the Subslanl~'s $uboantraetors nhall vote or
confirm the employment of any pemon r~latvvt within ~ Sl~Olld ~ of affi,,ity or flfird degree by
O~m~ ,in~'y to ally nl~nber of the gOVerning body or to any othm- officex Or employee n,rl~Ted to
e, nl,loy or superv~ such person_ This prohibition nhall I1~ prohibit ~ employment of a parson
described hs ocction 573.062 ofth~ Texas Government Code.
M. It will ensure that all informalion collected, assemble([, or maintained by the applicant relative to this
project ~ be available to the public dm'lng normal business ho~s in com~lianog with Cb,~t~er 552
oftbe Texas Government Code, unless other~se expressly provldnd by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which reqrares all
regular, spccml, Or called mcOingg of governmental bodies to be open to the public, except as
otherwise prodded by law or specifically pemfitted in thc Texas Constitution.
ARTICLE 3. COMPENSATION
A_ The method of payment for this Agreemem will be based on actual costs incurred up to and not to
exe~d the limits specified in Anaehment E, Traffic Safety ProJect Budget The arr~mt inoluded in the
Project Budget will be deenmd to be an estimate only and a higl~er amount can be rehnbumed, subject
to the condmons spec/fled m paragraph B hereunder. If~t E, TraflSc Safety Project Budget,
Attachment B
Project Title: STEP - lml~aired Dri~fin~ Mobilization {IBM 163)
Subgrante~: CRv of Corl~US Christi
B. All paym~rtg will be m~ in ac. cordam~ w~th Anaehrm-m E. Traffic Saf~ Project Budge,
The Subgrnntne's ~ may overrun a budget cat~cgory (I. II, or 11I) in tbe approved Project
Budget wi'th~ a grant 0oudget) amcadm~it, as 1o~ as th~ ovcrrtm does not cx__,>~_ a total of five (5)
poromt per y~ar of thc maximum amcnmt chgible for raimbm~m~nt (TxDOT) in the ~.~e~d Project
Buds3et for tlg cutest fiscal yea~. This ov~xtm m.~t be off-set by aa equivalom un~rrun cls~n'm:m in
tbe Project Budget
the owama is five (5) pe~rc, ent or leas, the Subgratm~ must provide wriMen notification to the
Dapartmem prior to the Raquest for Reim~ bei~ approved_ This notification must be in th:
form of an at~:hmmt to ~be l~qu~t for l~imbm~m~t that cove's tbe period of tbe or, mm This
atta~hm~t ~ ~,-~ t~ an-~u~ tbe pe~:~nt ova, and the sp~ifi¢ ~s) for t~ or.am.
Any ovemm of more than five (5) perc~m oftbe amoum digiblc for reimbu.~-tt~ (TxDOT) ia the
.-~h~xl Pmjc~t Budget requires a~ ~ of this Gram Agmcmmt.
The ma-xamura amount eligible for roimhu~m~mt ~ not be ~ above the Cvrarwl Total
TxDOT Amount in thc approved Projo:t Buclgct, unless this G-rant Agrc~ncat is am...~nt, as des~ibcd
in Article 5 of this Agroml~.
For Selective Truffle Enforomtcnt Program (STEP) g;r-nme only: ha Attac. hm~ E of the Grant
Ag~e~:m~at. Traffic Safi~ Project B,,dBet (Form 2077-LE), Subgtamo~ are not allowo:l to
,,rut~xun funds from tt~ TxDOT amo~t of (100) Salaries, Sub,'~t.~ories A, "Enforccttm~' or B,
"PI&E Activities," to exceed th~ TxDOT amount hs~ in Sulxmtogor~ C. "Other." Also, Subgrant~s
are not allowed to use undernm funds from the TxDOT amc~mt of (100) Salarios, Sub~lt~egories
'~Enfor~" or C, "Oth~," to exceed the TxDOT amouat listed in Sub~t~ory B, "PI&E
Activ~ies.' The TxDOT amount for Subeategory B, "PI&E Activities," or C, "Other," can o~ly be
exceeded wh~hin the 5 pe~mt flexibility, with ,,nderrun funds fxom Budget Cat~ories D or I~.
C. To be eligible for rcUnbursemcnt undm ~ Agr~mem, a cost must be incurred ia accordanc~ w~th
.$.tt~h~r~nt E. Trnl~ne Safiay Project Budget. within the time frame speeific~l in th~ Grant Period on
page I of this Grant ~ altn~omahle to work cove, red by this ~ and which ~
cu~q~leted in a man,er safisfa~oty and ~le to the ~.
D. Feds'al or TxDOT funds cannot supplant (replace) funds from any other sources. The t~rm
"supplanting" mfe~ to tbe use of fed~a'al or TxDOT fi-~as to support po~xm~q or an aetivfly already
support~ by local or sram funds.
E. Paym~t of costs inctumt ~ this Agr~mmt is further governed by one of the following cost
principles, as appropria*~, outlined in the Federal Offioe of Mnna~a~ent and Budget (OMB) Circulam:
· A-21, Cost Principles for lnstmRi~ ofFllgker ~:lt~ti~
A-87, Cost Principles for State, Local. aad Indian Tribal Govertummts; or,
· A-122, Cost Principles for Nonprofit Organizations.
F. TI~ Subgranl*: agrees to submit monthly or quarterly P-,J~quests for R~imbttrsemenL, as d~i~onated in
Attachment D, Action Platt, within thirty (30) Rays ~ the end oftbe billing period. Tbe Subgranlee
will use billing forms acceptable to the Department. The Ofi~rml ~ for Reimbumemc~t, with the
Attachment B
Project Title: STEP - lnmaired Drivin~ Mobilization (IDM 163)
Subgrantee: City of Corl~us Christi
appropriate backup docamgnmtion, must be submitted to the Depaxlment uddress shown on
At*-,-hnmm A, Mailing Addre~se~, of' this Agroem~nt. In adSifioa, a copy of the Request for
R~imbap~nmt and appropnale backup &waaneutati~ plus three (3) copies of the Request for
G. The Subgxamoe agrees to submit the final Request for Reimburscm~ uadm- flus Agrcemcnt udlhin
forty-five (45) days of the end of the gxant Period.
H. The Depam~na will ~x~r~iso good faith to make payrnmts within ~ (30) days of receipt of
prop~ly prepanxl and do,:ume~ R~qu~sts for Rehnburs~wnt Payrmmts, however, ate contingent
upon th~ availability of apptop/nnted funds.
Project agre~nmm~ suppotl~l with fi:dm'al or TxDOT fundu ~ limited m the lem~'~ h of enig Grant
Period, which is si:nxified on page I ofthis Chant Agrom~mt ffthe Depamm~ cl~.~,cs that th~
project has ~ m~t or has po~xad3al Iong-r~-g¢ bex~, the Subgru.t~ may apply for
fim~i.g assistance beyond thc initial Agrcemcnt period. Pzdvrcacc for filodin~ will be given to thos~
pmje~ for which the Subgrantce has a.ssum~ some cost ~lmnag, those which pr~n~e to assume tt~
largest percentage of subsoqu~ project costs, nnd those which have dmoasaa~ p~orman~ thai is
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred bereunder is coatingcnt upon the availahihty of funds. If at any time during this
Ch-ant Period, the I)qmxtm~ delta-mines that tbere is in.*a,fficicnt funding to c~ttinue tl~ project, the
D~panmeat shall so notify the Subgtantce, giving notice of inmm to t.m'l~innte 'finis Agrem'nen~ a.s spceifi~d
in Artide 11 ofthis Agrecme~. fiat th~ endofa lc&n-al fiscal y~ar, tl~ Dcpartm~ d6'termines that there
is sufficient funding and porformance to con'hue the project, thc Dcpartm~t may so notify the Subgrantee
to co~imle this agrggatlg~.
ARTICLE 5. AMENDMENTS
This ~ may be ame.av~ prior to its expiration by form,a! written consent of both pax~dcs, utilizing
tbe Ch-ant ~ An~ndm~ dmi~onated by the Departing. Any an~xlm~ must be executed by the
parties within tbe Grant Period, as specified o~ page 1 of flais Chant Agrcs~xnent.
ARTICLE 6. ADDITIONAL WORK AND CHANGF_.~ ~N WORK
ff thc Subgra.tee is of the ogimon that any assigned work is beyond ttae scope of ~ Agreemem and
constitutes additional work, the Sublwantee shall promptly nolffy the Department in wrihng, ff the
Subgmntee and a wri'a~n amandmcnt to flus Ag~xanent will be executed acc. ovding to Article 5,
Ame~lme~ts, to provide compen~fion for doing ~ work on the same ha.sis as the original work. If
If the Subgrantee has submit~ work in accordance with the terms of this Agreement but the Dcpaxtm~
requests change~ to tl~ completed work or parts thereof which revolve changes to thc original scope of
services or character of wodc under this Agrcem~mt, the Subgrantec shall make such revisions as requested
and directed by the Departing. Tl~s will be considered as additioml wo~ and will be paid for as
spccilied in this Article.
Attachment B
Project Title: STEP - Impaired Drivin~ Mobilh,n6on ClDM 163)
Subgrantee: City of Corl}ua Christi
If the Subgramee submits work that does not comply ~ the ~eams of this Agreement, the Depaxtmem
shall instma the Sub. met la mi-~ such mmSions as are necessm~ to bring th~ work ~ compliance
Th~ Subglante~ Omll make reVmio~ to ~ work al.q~riz~ in thin A~t, ~ aro ne~eqnary to
corna:t errors or o,~i~,dom appeanng tha'em, w'mm mqumat m do so by the ~ No additional
cCmq~msafiou qhall bo paid for thia work.
T~ D~partml~t nhMI not be realX~sl'ble for actions by the Subgtanme or any mats incurred by the
Sul:l~ramn¢ reLatinE to additi0~ml wr}rk not ~ mq.qo~int,,~ with or prior to the ~oa of an
ameadm~t.
ARTICLE 7. REPORTING AND MONITORING
Subgrameea must also submit Performane~ and Ann~r reports fix the Labor Day Holiday Cmckdovm
ele~r~nically on the Buckle Up Texas website {www.buckleuptexas.com) no htor
mforcaxnant period conchidea. The report wiU only include ,~t,, fi'am the Labor Day Holiday C~Mown
(August 19 - Sq~mber 5, 2005). The due date for this report is Sqmmaber 20, 2005.
T~e l:n~ormance report will include, as a minimum: (1) a ~ of actual accaapliqh~ts m the
obj~lives e~abli~xl for the l~riod, (2) reasoas why ~ablir&nl obj*:tives and p~furmaace a~asu~s
were not met, if appropriale, and (3) other pertinent iaformatioa, inchJding, when appropriate, an analysis
and explaaatioa o£ ~ost u~l~mms, overruns, or high umt costs.
T]~ Sub~ant,~e ~ ~ the Final Pe~n~e and Adminiqtxative Evaluataon Report electroaically
w~hi. thirty (30) days ~ c.~fiaioa of the ~ant.
Tl~ Subgrant~e shall promptly advise the Depaxtm~t m writing of events that will Ilavl~ a significant
A. Problems, delay~, or adverse conditions, including a change of project dim~r or other claa%ges in
Subgrant~ pexs~d, that will m~t~dally ~ the ability m mai. objectives and performance
measures, pronmt the rru~in4g of tnne sch~ules and objectives, or preclude the ni't~inql~lt of project
objoctives or perfrmmmoe me~_mm~ by the e~ablish~ ~ pertods. This dmclosure shall be
mod by a ~atonllt~t Of the a~'tion tak{~l or c~lfltl~llplatgld ~ any Depammmt or federal
assislano: aeodlxl to resolve the sin,atioa.
B. Favorable develapmmts or events that enable i~_ '~g time schedules and objectives sooner than
anticipated or ax~hieving gr~te~ performanc~ measure oulput than on~nally projected.
Attachment B
Project Title: STEP - Iron.ed Drivin~ M0biliz~ion ¢IDM 163)
Subgr~ntee: City of Corous Christi
ARTICLE 8. RECORDS
shall make .~mh records available at its office for the rune period ~llltholizl~ withill t~ Gl'all[ Period. as
~onpage I ofthis Grant Agreemeaat. tl~Subgr'ante~fulth~agre~tor~ainaaidlx~:ordsforfour
(4) years firom the date of final payme.m under this Agreement. until ctnnpletion of all a,utits, or .ntil
pending lifio_o'.~ioa has be~n co,~,letely and fully resolved, whichever occurs laat.
Duly a. thorized repmsom~tlv~s ofth~ Depamnent. the USDOT, the Offioe of the InspeO. or ~ Texas
State Auditor, ~nd the C.~u~-oller ~ ~hall have access to th~ records. This right of access is not
lmted to the four (4) year period but shall last as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the exlent permitted by law, the Subgrantee, ff other than a govemm~t {misty, shall indemnify, hold,
and save harmless the l)q~ar'am~ and its officers and employoe~ hum all claims and li~hili~ du~ to li~
acts or omissions of the Subgt-amee, its a~=as, or employees. The Subgrantee also agree, to the ~
l~axmtled by taw, to indeannify, hold, and save haxmless the Depaxlm~ fi~ any ~rut all empens~
incl.ding but not bruited to al~omey fees, all court costs and awards for damages inoxrnM by the
DqaarlmmaI in li6?titm or othexwm¢ ~sisting such claims or liabilities a.s a n::sult of any activities oflfi~
Subgranlee, its agmts, or employees
Further. to the ext~ lxamitted by law, the Subgran~, ff other tim. a govemnx~ entity, agrees to prote~
mdemnify, and save Imrmless the Department from and aL3'~in~t all claims, demands, and causes of action of
every kind and ~han~ter brought by any employe~ of the Subgranlee agninq; the Bqmmnent du~ to
personal injuries or demh to such employee msulfing fi'om any allegod neg~ligtmt act. by either commission
or omission on the part of the Subgrantee.
If the Subgrantee is a govennnent ~ntity, both part~es to this Agmm~nt agree that no party is an ag~nL
seanamt, o~ ~nploy~e of the other pasty and each party agrees it is responsible for its indivi&ml acts a~d
Izk~i~s, ~ ~ as thfl ~ arul ~ oflts COlllra~fors, ~mployl~s, Ix~reealltlt. iltiv~, alld It~1~11~.
ARTICLE 10. DISPUTES AND REMEDIES
This Agn~anent superc, edes any prior oral or writlen agaxanents. If a conflict arises between tm~
Agreen~t and the Traffic Safety Program Maim]. this Agreement shall govern_
Th~ Sllbglante/~ ahall be ~blo for the s~zlem~t of all e.,OiltFdr~ml and admini~laalivc iSSU~ 8rising
out ofproctumteut v~d~ by Itu: Subgrante~ m suppoa 0fAgrcemmt work.
Disputes co~eerni~ performance or payment ~hall be subm/ttod to the Depamm~t for settl~n~nt, with the
Exeoative Director or his or her desiguee acting as final referee
Attachment B
Proje~ Titie: STEP - Imo~ired Drivin~ Mobilization (IDM 163~
Subgrantee: Cit~ of Corou~ Christi
ARTICLE 11. TERMINATION
of the work covered by this ~. provided that the work has beem completed in a manner satisfaca~/
and acceptable to the Dcparlmmt. The Subgramec shall nat incur nor bc reimbmv~ for any new
obl?6ons a~ the effe~v¢ mm of terminntlon.
ARTICLE 12. INSPECTION OF WORK
The Deparlm~ and, when federal fimds axe revolved, the US DOT, or any authorized mpmsemative
thareoff, have the right at all reaso~hle times to inspect or otbetwise ewal,,nt~ the v~rk perfonned or being
performed h~e,-,,t~r and the pr~,fis~ in which it is being perfomxxL
If aay insp~on or eval.atkm is r~ on the pnmuses of the Subgramee or its mbexxttmO, or, the
Subgmnte~ nh.all provide and reqmre as subcontmOxw t~ provide all reasonable facdifies and ass~.auoo for
the safay ,~1 convmieace of the inspectors in the performance of their duties. All inspections and
ev~nations ~hall be per'formal in such a manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgx~ntee shall comply with the req~ of the Sin~le Audit Act of 1984, Pubhc Law (PL) 98-
502, ~xsuting that the single audit mpon includes the covet-age s~lato, I in OMB Circular A-133, "Audits
of Sta~, Local Government% and Other Non-Profit O ~lx~ni?atioflS_"
Tbe stale anditm may c~h,et an audit or invesligalion of any ~ntity receiving funds fr~n the ~ate directly
under this Agre~z~nt or indin:~tly throngh a subeontt~t under this Agre~wleat Aexcplance of fxmds
of the a.thodty oftbe State Auditor, under the direethm of the legislative audit commim:e, to conduct an
audit or mv~i~fioa in commotion with those ftmds.
ARTICLE 14. SUBCONTRACTS
The Subgraul~ nh.nil not e~ter into any subcontract with iMivid, ml~ or organiratious not a pa~ of the
Sublg,miee's ~orEani,'~aon without prior wrCm:n concaucas:e with the subcoatract by the ~.
Sulx~hasYas ~nll ~ all required prov/sio~s of thi~ Agn:em~t. No subcontract will relieve the
Subgaaut~e of its responsibility under thi~ Agre~:m~mt.
ARTICLE 15. GRATUITIES
Texas Transportation Comminsion ~ m~nclates that employees of the Depaxtm~ ~hall not accept any
beaefit, gift, or favor fi,~., any penon doing business with or who, rea~nnbly spealdnE, may do busmess
Attachment B
Projex-t Title: STEP - Iml~aired Driving Mobili,-~fion ¢IDM 163)
Subgrantee: Ci~ of Cor~us Christi
w~th th~ Departm~ ,,~r this Agveemem_ The only excepUous allow~l axe ordinary business bm,~s and
items thnt have reCmved the advanced wntam approval of the DepaCmmnt's Executive Dh-eetar.
Any person doing busmess with or who reasonably spealcing may do business with tt~ Depattmem under
this Agreean~t may not make any offer of benefits, git~s, or favors to Departnmm employees, exc. t:pt as
rmmfioned here above. Failure cm the part of the Subgrantee to adhere to this policy may result in
terminafon oft}tis A~-e~mumt
ARTICLE 16. NONCOLLUSION
The Subgr~ntee w-atranta that it has not employed or n~tained any company or person, other than a bona
fide employe~ ~rld.g solely for the Subgram~. to solicit o~ secure this Agreemem~ and fha* it has nat
paid or agreed to pay any company or pemon, other than a bona fide ,~ut, loyoe, any fee, commission.
peree~n~, brokerage fee, ~ or any oth~- coasid~atlon caatingmt upon or rosuJtinE ~'O~1 ~ award or
malcinE o£thi~ ~. Iffl~ Subgl'ante~e brv. a,-~h~ or violatm this warmaty, th~ Department nlmll have
or consicieration, or otherv~se re~over the fifll amount of such fe~, comnussioa, brokea'age fee, comi%~alt
fee, or git'~
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee repl'e~afts that. it or its eanploye~ have no ca:nffhct of interest that wo~ld in any way
interfere with its or its e~nployc~s' performance or which in any way conflicts w/th the interests of the
D~parttmm~ The Subgr~ntel: nhall ex~rciae rea_~aable care aad dili~oe~e 1~ prevent any a~ions or
conditions that could result in a conflict wtth the Department's inlerests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subg~ntee certifies tjx,at it presently has adequate q.alified personnel m its employttugnt to perform the
work ~quired under fills ~ or will be able 1~ ob~in sudl personnel fxom so~r~a ogh~' than tl~
All ~nployees of the Sul~,nm: shall have such knoxvledge and experience as will enable them t~ perform
the duties assigr~4 W th~n. Any employee of the Subgrantv~ who, in the opinion of the Depaffmaix~ is
ass~:iafion with the proje~.
Unless oth~w~se spemfied, the Subgmmee shall furnish all eqmpmem, materials, supplies, and other
resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgnntee shall establish and admini,'ter a sBmttax~ to procure, cam~'ol, prote~:, presea"ve, use,
mainlain, and dispose of any property furnished Wtt by the DepartmenI or pumhas~ pummm to ~
Agn~mmt in ac. aordance with its own property rnanagem~ prooxlures, pro~A.~l that the proc~lun~ are
not m c,,~flict with the Departm~'s property managemeat procedures or property manag~'m:m ~ardards
Attachment B
Project Title: STEP - lmoaired Drivim, Mobilizatio~ (IDM 163)
Subgrantee: City of Corpus Christi
49 CFR, Part 18, "Unifon'n Admini~a'afive Requiremem~ for Grmzts and ~ Agree~mts
to Stale mad Local Gov~'nments," or
49 CFR, Paxt 19 (OMB Cirodar A-Il0), "Uniform AdminiCuative Paatuircma~ for Grants and
Agreancnts with Institutions of Hi~her Eda,~tio~, Hospitals, and Other Nonprofit O;Ea~ nirations '
ARTICLE 10. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or II:nnina6oll of this Grant Agreement. whether for cause or at the conwmicnoc of the
par~ Ixa~m, all finished or ,m~iO~l docummts, a~t.. sn-~s, surveys, repons, maps, drawings,
_m,yl~.Js, pho~ogmphs, crc. prepared by the Subgrnnte~ alld gqttipIlll::~ and supplies purchas~ with grant
photographs, ealca,lafioas, and other data pn~md ,ruder this Agreement shall be mneL~ available, upon
t~luest, to tbe Dcpartmmat witlx~ restriction or limitation of tier further use.
I~llex~,al property consists of copyrights, parrot% and any othex form of intetleo'nal propegty riEht~
any data ba,~s, sof[3naxe, inv~llions, ~ Itmmmln, ~ C[~i~a,n. Of otbor propl4~'nry
B All rights to Department The l)qmxlmmt droll own all ofth~ rishts (inchwlins copyd~ht~, copydght
applicatk~s, copyright nmewals, and copyd~t oatmsioas), title aM inte~sts in and t~ all ama, an~
writing that ~ will be joint ownc~hi?
C. All rights to Subgrantee. Clac~ and materials initially developed by the Subgranteaa without any Oyp¢
of flinging or resource assistance firom the Departmcm to,~ain the Subgrazlle~'s il:~[lo2lllal property.
For ~ classes and rnat,~ial~, th~ Dcpartme:at payment Ls limited to payment for attgndan~ at
classos.
ARTICLE 21. SUCCESSORS AND ASSIGNS
Th~ [Mpartmmt and the Subgmntne each binde itself, its sueceasom, executors, as.qi~n~, anti arknmbhators
to th: o~h~r pan'y to flaia Agnamaemt and W th~ suco~n*s, era~a~o~, aSfiLZn% and adrnlniq~tdm~ of mmh
otber party in ~ to all covenantq of this ~. The Sub~a,~ee shall not assign, sublet, or
ARTICLE 2l. CIVIL RIGHTS COMPLIANCE
B. Ncmdisctiminatio~r The Subgramee, vath regard to the work gnnfon~xl during the period of this
Agrc~-~t~ shall not dl~rirnir~te on the grounds of race, color, sex, national orion, age, religion, or
dismhility in th~ s~le~i~l and rgtl~JOll of subo. mha~/ors, inehutinE pro~uremeats of materials al:Id
leases of equipment.
C. Solicitatioas for subermtracts, including procuremenl of maleriaJs and equipment: In all solicitattons
eith~ by competitive bidding or negotiation lm~ by the Subgrantoe for work to be perfortmxl under a
Project Title: STEP - lmoaired Drivin~ Mol;a~izatioa (IDM 163)
Subgrantee: CRv of Corpus Christi
Attachment B
subctamact, including procurements of materials and kmses of g each pogatial subeontm~or
or supplier shall be notified by the Subgrmatae of the Subgrantee's obli~6ons under this ~
and the r~mlatioils relafiw to nOndisCriminatio~ oil the grounds of racg, color, sex. national origin, age,
D. Information and reports: The Subgrant~: shall provide all informalRm and ~ required by the
regxflafions, or directives issued pursuant ther~m, and shall perrmt ac__cess to its Ix~oks, n~a:)rds,
~..~:x~mt% Ot~ SU~LrO~ Of [nformatio~ alld it3 fi~iliti~ as may t~ de.mined by the Depaxlm~ or the
USDOT to be pertinent to m compli~ with such regulations or dm~c~v~s. WhiTe any
information reqtu_,ed oftl~ Subgnmte¢ is in the exclusive possession of another who fails or refuses t~
furmsh this imeormatina, the Subgramoe shall so certify to the Depamnent or the US DOT, whichever
is appropriate, and shall se~ forth what efforts the Subgramee has m~t~ to abram the requested
information.
E. Sanctions for n~ocoaipliance: In the ev~: of the Sub87antee's mmc. ompliance with thc
nondiqcrimination provision of this Agre~nent, the Department ~hall unpose such sanctiorm as it or the
US DOT may determine to be appropriaZe.
lncorpcnation of provisions: The Subgramee shall include the provisions of paragraphs A_ thr~,gh E.
in every suboa~lat:t, includinE procar~n~tq of materials and leases of equipm~L unless e~-mpt by
thc regnlatiogls o~' ~vgs. The Subg~anteg ~ take such ac~O~l with ~ to any subconlz~t or
procureme~ as the D~parOnem may direct as a me, ms of enforcing such provisi~t% ine. Judin$
mom for noncompliance. However, in the event a Subgvamee hecx)raes involvot in. or is thrmtenod
with [it~Eation with a su[w. onl:r~'~or or supplier as a result of such direction, thc Subgr'antcg may
request lt~ l)epartrnm~ to eh[er into litiLZatlo~ to protect th~ interests o£ tim sta~; and in atklifiolx, the
Subgrn rove may
United
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Depamnazt and the USDOT that Disadvantaged Busugss Eaterprks~, as defined in
49 CFR Pm 26, sltall have the oppommity m participate in the l.~ormaaee of agreanm~s financed in
whole or in part with fedewal fi,nde. Consequemly, the Di~atlvamaged Business Iqnt,~pris~ req~ of
49 CFR Part 26, apply to this Agn~m~at as ~llows:
· 'Fha Sul0gxaxlm ~ tO mum ~ Disadv~ma~o~l Baslnc~ gJaterpris~, as ~ in 49 CFR
Part 26, have the opporin,nily m ~l~i~ipa~l~ m th~ pcrfoJrmam~ of agl't~xm~ and m
financed in wh~l¢ or tn part with red.al fi,nde. In this regant, t~ Subgrnnt~ ~hall n~lm good faith
efforts in accordanc~ with 49 CFR part 26, to insu~ that Di~advnntag~ Busln~ ~ri.~ have
the oppormniq/to m for and l:~-form agrm~tg and Sum.
· Th~ Subgramee ~ a~y subco[mm:tor shall n~ di~nminaZe on the ~ of' race. co[or. ~
national odin. or di~h~lity in the award and peffo~nee of agroments fhn~d in whole or in
These m~ ~hall be mclu,-I~_ in any subcont[a~:t
Failure to cany out t~ requn'ements set t-orth above shall c~tim a breach of flais Agreem~t and. ~r
the notification of fl~ Department, may result in terminanoa of this Agreement by the Departm~t. or other
such remedy as th~ ~t d~ms appropm.
Project Title: STEP - lmoldr~d Driving Mobilization (IDM 163)
Subgr~ntee: CRv of Corpus Christi
Attachment B
ARTICLE 24. DEBARMENT/SUSPENSION
A Tbe Subgrame¢ certifies, to tbe best of its knowledge and belief, that it and its priacipals:
Are not presently d~atred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded fi.om cove~l transactions by any federal dcpartmont or agenloy;
2. Have not wdhin a three (3) year pen~ad p __mc~l_ inE this Atp~auont bom c~mvicted of or had a civil
judgmt=llt n~dc-red a~irt~t the~l for colrem$si~l of fl'~ld or a criminal o~ m comle~fiOll ~
obtaining am:mtn~ to otnam, or I~forming a ~ state, or local public transacUon or
couh act und~ a public transaction; vioIafion of fedea~l or state antitrust statutes; or commassion of
star. meres, or receiving stotm property;
3, A~ not presently indicted or otherwise criminally or civilly charg~ by a fiaJeml, state, or local
gO--al eall~ty w~h commi~io{l of any of thc offenses emunemted in paragraph A_ 2. Ofthia
Article; and
4. Have not, within a thr~ (3) year period p __re¢~_ inE this ~t, had one or more federal, state,
or local public transactions terminated for cause or default.
B. Where th~ Subgrante~ is ,,nahle to c:n~lafy to any of the ~ts in this Article, such Subgl~nt~ shall
attach an explanation to this Agreement.
C. The Subgrantee is prohibited fxom making any award or permittinE any awatfl at any tier to any party
which is detntrved or suspended or otherwise excluded fi.om or ineligible for pamcipation in federal
assistance programs under Executive Order 12549, Debarment and Suspe~ion.
D. The Subgramoe shall n:quire any party to a subcomract or purchase order awarded under this Gram
~ to cortify its eligibility to receive federal g~nt fimds, :md, when n~uasted by the
D~partmmt, to furnish a copy oftbe certification.
ARTICLE 25, LOBBYING CERTIFICATION
The Subgtantee certifies to the best of his or her knowledge and belief that:
A. No fiMerally approprint~l funds have been prod or will be Pa~d by or on behalf of t~ Sublo-antoe to
any pers~ for influencing or a/~mpting to influence an of Y-~cer or cmploy~ of any f~knal agency, a
Meanber of Congress, an officer o~ employee of Congress, or an employee ora Membex of Congress m
Ca3111a~:~JO~ with thc $.waxclinE of any flN~ral contlact, th~ ~ of any ~ g~rrt, th~ rnakinE Of
any ~ loan, thc e~tering into of aay c. xx~era/ave agin:emem~ and the exttmsion, confinua~on,
rea~ral, aneadment, or modification of any federal c(nCaacL grant, loan, or cooperative agreear~nt.
B. If any funds other than fi:deFal appmpri~Wd funds have bom paid or will be paid to any pcrsen for
infl.l~ciag or ntt,~x~atinE to infltleaCe an offc~' or ~attployee of ally fe~.l agency, a Me. her of
Congress, an officer or employee of Congress, or an (nnployc~ ora Membar of Congress ia connection
cos~ple~ and submit Stnnclnrd Form - LLL, "Disclosure Form to P, gport LobbyinE." in accordance
C. ~ Subg~ntt~ .~tall reqUll~ thnt thc ]aagllagc ofth~ certification be iacluded in the award document~
for all ~a,hnwayd$ nt all t1¢1'$ (lIlclodin~ subco[Itl-aX~) and that all subrecipients shall certify and
disclose accordinEly
Attachment B
Projet't Title: STEP - lmoaired Drivine Mobilization (IDM 163)
Subgrantee: City of Cor~us Christi
This certification is a ma/erial representation of fact upon which relinnce wa~ placed when ~ tmasaceaon
was made or ~ntered into. Submission of this certification is a prerequisite for making or entering into this
transaO-ion imposed by Section 1352, TRIe 31, U.S. Code. Any p~n~on who fails to file l~e roqui~d
certif:~on shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgl-am~ is a govemmeatal or non-profi~ mlfity, the Subgram~ o~rtifies tha/it 6ther vail go
to the ~'s website ~ below and compl~ the Child Support Statement or alnmdy has a Child
Support Statam~t on file with the Depamngat . The Subtg~l~ is n:sponsibl¢ for la~piag the Child
Stlppo~ Statesl~ curl~l[ ~ on file with that of~:g for the duration of this Agreement period. The
Subgmntee ~ certifies Ih,at the Child Support Statement on file oc~tain~ the child support information
for the indivichmlg or business entities mimed in I:his gl'RnL Ul:ld~ Section 231.006, Family Code, the
Subgmntee certities that the individnal or business e~dty named in this Agxe~e~ is not indigible to
payngnt may be withheld ffthis certification is inaccurate.
The form for the Child Support Statement is available on tlle ~ at:
htt~://www.dot state tx us/cso/default.htm.
Attachment C
Project Title: STEP - Impaired Drixang Mobilimtion (IDM 163)
Name of Subgrantee: City of Corpus Christi
Traffic Safety Project Description
L
OBJECTIVES AND PERFORMANCE MEASURES
The Objectives of this grant are to accomplish the following by April 30, 2006.
To increase DWI arrests during the Labor Day Holiday Crackdown and during a sustained
DWI enforcement effort from July 1, 2005 thro~,gh April 30, 2006 in locations as defined
in Attachment F, Operational Plan.
Objectives/Performance Measures
A~ Labor Day Holiday Crackdown (August 19 - September 5, 2005)
1. Number of DWI arrests to be made under STEP during Labor Day
Holiday Crackdown
2. Number of STEP enforcement hours to be worked
B. Sustained Enforcement Effort / DWI OI)erations
(July 1, 2005 - April 30, 2006)
I Number of DWI arrests to he made under STEP during sustained
enforcement effort
2. Number of enforcement hours worked
C. Complete administrative and general grant reqmrements as defined in the
Action PI~, Attachment D.
1. Submit the following number of Performance Reports, including the
Final Performance Report and Administrative Evaluation Report
(AER)~ Ten (10) Sustained DWI Operation reports, one (1) Labor
Day Holiday Period report and one (1) Final Performance Report and
AER_
2. Submit the following number of Requests for Reimbursement
D. Support grant enforcement efforts w~th public information and education
(PI&E) as defined in the Action Plan, Attachment D.
1. Conduct a minimum of five (5) presentations.
2 Conduct a minimum often (10) media exposures focusing on the
DWI Sustained Effort / I per month (e.g., news conferences, news
releases or news interviews).
3. Conduct one (1) media exposure (e.g., news conference, news release
or news interview) before the Labor Day Holiday Crackdown
4. Conduct one (1) media exposure (e.g, news conference, news release
or news interview) after the Labor Day Holiday Crackdown.
5. Participate in a minimum of three (3) community events (e.g., health
fairs, traffic safety booths).
6 Distribute the following number of public information and education
materials if applicable.
Target I
Number~
24
144
68
406
12
10
lO
1
1
3
500
Traffic Sa/'etv Project Description Page 1 0£4 TxDOT Form 2076-IDM 163 (Rev: 4/26/2005)
NOTE:
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a
peace officer issue a specified or predetermined number of citations in pursuance of the
Subgrantec's obligations hereunder.
In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-
STEP funded citation and arrest activity due to the prohibition of supplanting
RESPONSIBILITIES OF THE SUBGRANTEE:
A_ Ca~3' out the objectives and perform~nc,~ measures of this grant by implementing all
activities in the Action Plan, Attachment D.
B The Objectives/Performance Measures shall be included in each Performance Report
and summarized in the Final Performance and Administrative Evaluation Report.
C. Submit all required reports to the Department fully completed with the most current
information, and within the required time~, as defined in Article 3 and Article 7 of
the General T~ms and Conditions, Attachment B of this Grant Agreement. This
includes reporting to the Department on progress, achievements, and problems in
periodic performance reports. All required documents must be accurate. Inacctuate
documents will delay any related Requests for Reimbursement.
D. The Subgrantee must enter all Performance and Annex Report data on the
Buckle Up Texas Website (www.buckleuotexas.com) no later than the 15a' day
of each month for the Sustained Enforcement Effort The report will contain
enforcement data from the preceding month's DWI operation(s). Printed
versions of the Website reports are acceptable versions for hard copy submissions
E The Subgrantec must also enter all Performance and Annei Report data for the
Labor Day Holiday Crackdown (Aug. 19 - SepCembor 5, 2005) on the Buckle Up
Texas Website (www.buckleuotexas.com} in a report no later than September
20, 2005. The reoort will only contain the enforcement data for the Labor Day
Holiday Crackdown. Printed versions of the Website reports are acceptable
versions for hard copy submissions
F. A Final Performance and Administrative Evaluation Report summarizing all
activitie~ and accomplishments will be submitted to the Department
electronically via the Buckle Up Te~ Website (www.buckleuotexas.com) no
later than thirty (30} days from the grant ending date.
G Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department, as indicated in
the Action Plan, to present stares of activities and to discuss problems and the
schedule for the following quarter's wok
2. The project director or other appropriate, qualified persons will be available to
represent the Subgrantee at meetings requested by the Department.
H When applicable, all newly developed public information and education (PI&E)
materials must be submitted to the Department for written approval prior to final
production. Refer to Chapter Five (5), Section Eight (8) of the Traffic Safety
Program Manual regarding PI&E procedures. The manual is located at
http://www dot. state.tx.us/t rafficsafety/default.htm
Traffic Safety Project Description Pa~,e 2 of 4 TxDOT Form 2076-IDM 163 (Rev: 4/26/2005)
Attachment C
Project T~e: STEP - Impaked Driving Mobilization (1DM 163)
Subgrantee: City of Corpus Christi
I. For out of state travel expenses to be reimbursable, the Subgrante~ must have
obtained the written approval of the Department prior to the besinning of the trip.
Grant approval does not satisfy this requirement. For Department district-managed
grams, the Subgrantee must have written Department district approval for travel and
related expenses if outside of the distric~ boundaries.
J. Maintain verification that all expenses, including wages or salaries, for which
reimbursemem is requested is for work exclusively related to this project.
K. Ensure that this grant will in no way supplant (replace) funds fi.om other sources.
Supplanting refers to the use of federal funds to support personnel or any a~tivity
already supported by local or state funds.
L. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have
a safety belt use policy in place, a policy should be implemented during the grant
year.
M. Carry out the objectives of this grant by implementing the Operational Plan,
Attachment F of this Gram Asreemem.
N Ensure thai each officer working on the STEP project will complete an officer's
daily report form. The form should include: name, date, badge or identification
number, type of gram worked, gram site number, mileage (if applicable) (including
starting and ending mileage), hours worked, type of citation issued or arrest made,
officer and supervisor signatures.
O. Ensare that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty.
P. Support grant enforcement efforts with public information and education (PI&E).
Salaries being claimed for PI&E activities must be included in the budget.
Q. Subgrantees with a traffic unit will milize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
R. ff an officer makes a STEP-related arrest during the shi~ but does not complete the
arrest before the shift is scheduled to end, the officer can continue working under the
grant to complete that arrest.
S. At the time the signatory for the Subgrante¢ signs the Grant Agreement, provide a
leeaer to the Departmem fi.om the enforcement agency head, training officer, or
authorized individual certiffying that the officers working DWI enforcement are, or
will be, trained in the National Highway Trat~c Safety Administration/international
Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the
case o£a first year subgrantee, the officers must be trained, or scheduled to be SFST
trained, by the end of the grant year. For second or subsequent year grants, all
officers working DWI enforcement must be SFST trained.
T. The Subgrantee should have a procedure in place describing the process for
contacting and utilizing Drug Recognition Experts (DRE) when necessary.
IlL RESPONSIBILITIES OF THE DEPARTMENT:
Traffic Safety Project Description Page 3 of 4 TxDOT Form 2076-1DM 163 (Rev: 4/26/2005)
Project Title: STEP - Impaired Driving Mobilization (IDM 163)
Subgqantee: City of Corpus Christi
Attachment C
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this GrlLrlt Agreement using appropriate and necessary monitoring
and inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records
3. telephone conversations
4. e-mails and letters
5 meetings
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgnmtee for all eligible costs as defined in the Traffic Safety
Project Budget, Attachment E. Requests for Reimbursement will be processed up to
the maximum amount payable as indicated on the cover page of the Grant
Agreement
E. Perform an administrative review of the project at the dose of the grant period to
include a review of adherence to the Action Plan, Attachment D and the Traffic
Safety Project Budget, Attachment E, and attainment of project objectives.
Tra~c Safe~y Pro~eot Description Page 4 of 4 TxDOT Form 2076-IDM 163 (Rev: 4/26/2005)
Form 2077-LE (rev 7/1W2004)
Page1 of 2
Traffic Safety Project Budget
(for Law Enforcement Projects)
Attachment E
Project Title: STEP - Impaired Ddvincl Mobilizatio~ (IDM 163)
Name of Subgrantec: City of CoG)us Christi
Wlscal Year: 2005-2006
[] Check here if this is a revised budget.
Date l~v~scd:
(Round figures to r~-,,cst dollar)
Oflaer/
TxDOT State/law~ TOTAL
Budge~ Category I - Labor Co,ts
(100) S~l~rie$
I .i,,a dcmil,~-
A. Enforcement (ovcrtune)
1. O~~: fi50.00 hfs ~, $~5.00 per hr. 19.250 19,250
2. Sexg,~/s: __ Im~. ~ $ per hr. 0
3 Licutmants: __ lux ~ $ pex hr. 0
B. PI&E Actrvifics (overtime)
__~r~ @$ p=r hr. 0
C O~'r (Lc., ovcrdmc sc~ff, supaviso~ ntpport, conducting
su~cys)
Se~ Grant In~'u~tions
37.00 hrs. ~ $35.09 per I~. 1,295 1~295
Total Salarkn ....................................................................... 20~45 0 20r~45
Specify fringe rates:
A. Overtime: 21,00% 4,454 4,454
B. Part-Tune: % 0
C Regular Tune: % 0
· ro~ ~,-a~ m~rm_ .............................................................. 4,nsn 0 4~4s4
r Tm.a~ tabor Costs (100 + :tOO) ............................................... 2.4r~9 0 ~,9~
* Budget Det~ Required: As an attachmcm t° thc Imdg~ a justificali°n trod a dclailcd c°st b~nka°wn is ~ezlui~d I
for all costs included for Fringe Benefits (200), Travel and Per Dtem (300), Eqmpm~t (400), Supt~ies (500),
Contractual S~wices (600). Other Miscellane~s (700). and Indirect Cost Rate C800)
T~DOT Focm 2077-1_E (rev. 7/1~2~04)
page 2 eft2
Attachment E
Project Title: STEP - In~oalred Odv~g I~k]~r~zation {ID~ 163)
Fiscal Year: 200~-200~
[] Chock here if this is a revised budget.
Date Revised:
Budget Category II - Other Direct Costs
(300) Travel*
Re~ will be in ac~alance with Subgmntee's tr~ve[
pohcy. Subgnm~ tm~ bill ilar actual in,vel cxpe,~,,~ -- n~ to
excl~ed the. limi~ r~illlblXlx~abl¢ ~ slal~ law.
A_ Travel and Per Diem (includes confcv~n,z~, D"ainin~
work~ho~, and other noa-~xfon:emeaxt travel) .....................
B. Subgramee Enforcemem Vehicle Mileage:
mile to ogeram pamal vehicles, not to cx,.~d, the applicable
Legislature in flae travel PrO~sions of the Geacral
Appropriations Act_ Dozmmm~allOn of'cost per mile is
required lmOr m rciml:nn'~anm~.
~,fio0 0o miles @ ~.5o,0o p~ mile ................................
Total Travel ....................................................................
(4~0) rn,apmmt'. ..............................................................
(500) Suppliea * ..............................................................
(600) Contractaa~ Servk~'. .............................................
(7O0) Other
A, Regi~aatioa fees (u-~a.~ wock~aom, ~a'~.~ ~.) ..................
B Public informalion & education (PI&E) mai. trials
1. EducaQonal items = $__
(eg.: ~ b.m?a- ~cke~, ~ers, fliers, e~c.)
2. pmmo~onal itc:ms = $
C. Other* ......................................................................
Total Other Mis~aneous
IL Total Otl~- Di~:t Costs (~0 + 400 + 500 + 6~0 + 700} ............
(Ro,,.,a figu~s to nearest dollar)
Off.r/
TzDOT State/Local TOTAL
0 0 0
0 2,030 2,030
0 2?030 2?030
0 0 0
0 0 0
0 0 0
0 o 0
0 0 0
0 0 o
0 0 0
Budget Category ill - Indirect Costs
(800) ladirect Corn Rate* (a/ %) ..................................
o 0 o
Summary:
Total Labor Costa _ 24rq99 _ 0 24~99
Tmal Other Dire~t Ce~ta ........................... 0 2,030 2~030
0 0 0
Total [ndin~ct Co~ ........................ __
Grand Total (I+H+[ll) .................................................... ~4,999 2~0~0 27,OZ9
Fumi Se~n:es (P.clx~m Share) .................... 9Z.49% 7.51%
* Budg. et Degalll~N:pli~d: As an am~gam~nt to tbeb~ aj~t, aificafion and a detaikM ~}st breakdown is requin:d [
for all costa included for Fringe Benefits (200), Travel and Per Diem (300). Eq~ (400), Supplies (500),
Conwacm~ S~x, ices (600), Other lVfisoellaneous (700). and Indirect Cost Rate (8OO)
City of
Corpus
Christi
I~e2,2~5
George K. Ncc
CITY MANAGEP.
PO Box 9277
C~pus Christi
Texas 78460 9277
Phone 361480-3220
Fax 361-880-3839
www.cctex~s.com
Bill Strawn
Tex~ Department of Transportation
P. O. Box 9907
Corpus Christi, Texas 78469
Dear Mr. Strawn:
In accordance with the Impaired Driving Mobilization STEP grant conm~-t,
following individuals have signature authority for the listed grant related
documents:
the
Requests for Reimbursement - Director of Finance, City of Corpus Christi
All other grant related documents - Chief of Police, City of Corpus Christi
Please contact my office if you should have any further questions.
Sincerely,
GN/ppe
George K. Noe
City Manager
2005~2006 Operational Vehicle Cost Rate
City of Corpus Christi, Police Department
Type of Cost Incurred Amount
1, Vehicle Cost base amount
$ 21,500
a. Equipment:
1. Radio $ 3,200
2. Light bar, siren, speaker, headlight flashers $ 1,800
3. Mobil Data Computer $ 5,443
4. Automated Vehicle Location Device $ 7,600
5. Stack mounts $ 297
6. Cage $ 300
7. K~ck Panel $ 200
8. Decaling $ 250
9. Mounts/console $ 393
10. Pushbars $ 150
b. Vehicle ~'eparation (installation of equipment) $ 4,000
2. Sum of vehicle and installed equipment
3. A~nual depreciation
a. Vehicle, 2 years straight line $ 10,604
b~_Equipment, 5 years s~traight line $ 735
4. Total annual depreciation co_s_t
5. Annual liability insurance*
6. Annual maintenance costs $ 7,000
7. Annual gasoline usage (39,286 miles @ 21 mpg average per
vehicle @ $1.00 per~allon _ $ 1,871
8. Total insurance and maintenance costs per year
9_ Indirect costs (accts payable, payroll, fiscal dept, etc.)**
(~11.91% of direct costs (Block 4 + Block 8 '0.1191)
10. Total per year cost of vehicle (Block 4 + Block 8 + Block 9)
11. Average operational cost per vehicle mile (Block 10/39,286 miles)
*City is serf-insured
updated per Chds McKee 02J17/04
updated per Mike White and Russell Young 02/18/04
Pmpar~l by Pal P_ Eldridge, CCPD
Subtotal
$ 45,133
$ 11,339
$
$ 8,871
$ 2,407
$ 22,617
$ 0.58
STEPVEHICLECOST.XLS 6/2/2005
7
AGENDA MEMORANDUM
City Council Action Date: June 14, 2005
AGENDAITEM:
An ordinance appropriating $18,756 from the Department of State Health Services for
the Title XX grant in the No. 1066 health grant fund to provide family planning services;
and declaring an emergency.
ISSUE: The Health District is in receipt of Attachment #04B to Contract #7460005741A-
2005 Change No. 6, with the Department of State Health Services (DSHS). The
contract was originally sent through Council on August 17, 2004 in the amount of
$291,750. The State decreased it by $271,750 and was resent through Council on
January 18, 2005 in the amount of $20,000. The DSHS has amended the contract with
an additional $18,756 in financial assistance for maternal, child health, and family
planning services, bdnging the total to $38,756.
REQUIRED COUNCIL ACTION: Appropriation of funds.
PREVIOUS COUNCILACTION: City Council approved the appropriation of grant funding
in the amount of $20,000 on January 18, 2005.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to appropriate
funding for continuation of public health services.
Annette Roddguez, M.P.H.
Acting Director of Public Health
BACKGROUNDINFORMATION
The purpose of this funding is to assist indigent residents to achieve family planning goals,
to improve their health status, to reduce the number of unintended pregnancies and to
positively affect the outcome of future pregnancies. This service has provided assistance
to approximately 173 clients per year.
AN ORDINANCE
APPROPRIATING $18,756 FROM THE DEPARTMENT OF STATE
HEALTH SERVICES FOR THE TITLE XX GRANT IN THE NO. 1066
HEALTH GRANT FUND TO PROVIDE FAMILY PLANNING
SERVICES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The appropriation from the Department of State Health Services for
the Title XX grant in the No. 1066 Health Grant Fund is increased by $18,756 to
provide family planning services. The grant was initially appropriated in August,
2004, in the amount of $291,750, and subsequently decreased by the State to
$20,000 in January, 2005. The State has now increased the grant to $38,756.
SECTION 2. Upon the 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
,2005.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: May 24, 2005
for the City Attorney
H:~LEG-DIR~lizabe[h~)epl FiJes~EH Ordinanc. es~Hordl67.doc
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency 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,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A, Kinnison
John E. Marez
Jesse Noyola
Mark Scott
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
DSHS Document No 7460005741A2005
Contract Change Notice No. ~
The Department of State Health Services. hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in
writing with CORPUS CHRISTI-NUECES COUNTY PUBL1C HEALTH DISTRICT (CITY) hereinafter referred to as
PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT NO. 04B: CHS - TITLE XX
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Contracting Entity (type aN)ye if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
CORPUS cmI. ISTI-NLIECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By: By:
(Signature of person authorized to sign)
(Name and Title)
Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract
RECEIVING AGENCY -'
DEPARTMENT OF STATE HEALTH SERVICES
(Si gnature of person authorized to sign)
Bob Bumetle, Director
Procurement and Contractin~ Services Division
(Name and Tide)
Date:
For ~ Attorney
Cover Page 1
SC PCSD- Rev. 6/04
DETAILS OF ATTACHMENTS
ATt/ DS}tS Program ID/
Amd DSHS Purchase
No. Order Number
SEAFOOD
01
C0385g0000
CHS/FEE
02A
C038877000
ACFH/FEE-FP
03A
Begin
09/01/04
09/01/04
09/01/04
CHSFFTLXX
04B 09/01/04
DSHS Document No.7460005741 A2005
Change No. 06
Term Financial Assistance Direct Total mllloullL
Assistance (DSHS Share)
End Source of Amount
Funds*
08/31/05 State 22,500.00 0.00 22,500.00
08/31/05 State 93 994 162,305.00 0.00 162,305.00
08/31/05 State 93994 306,274.00 0.00 306,274.00
08/31/05 93 667 38,756.00 0.00 38,756.00
Totals
$52%835.00 $ 0.00 $529.835.00
~Federal funds are indicated by a number from the Catalog of Federal Domestic Assislance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
DOCUMENT NO. 7460005741A-2005
ATTACHMENT NO. 04B
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: COMMUNITY HEALTH SERVICES SECTION
TERM: September 01, 2004 THRU: August 31, 2005
It is mutually agreed by and between the contracting parties to amend the conditions of
Document No 7460005741A2005 -04A as written below. All other conditions not hereby
amended are to remain in full force and effect
SECTION I. SCOPE OF WORK, fifth paragraph with heading PERFORMANCE MEASURES,
is replaced with the following:
PERFORMANCE MEASURES
The following performance measures will be used to assess in part the PERFORMING
AGENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract.
PERFORMING AGENCY shall provide medical services to 277 unduplicated clients who live
or receive services in the following county(ies)/area: Nueces. The services shall be provided to
the clients in the following population categories and in the following numbers:
Category Number of Clients
Women 19 and Under 61
Women 20 to 34 191
Women 35 and Over 22
Males 3
Total Medical Clients 277
SECTION 1II. BUDGET is replaced with the following:
SECTION III. BUDGET:
PERFORMING AGENCY shall adhere to the current schedule of allowable services and rates as
referenced in SECTION II. SPECIAL PROVISIONS, as amended and approved by the
RECEIVING AGENCY.
Total payments will not exceed $38,756.00.
ATFACHMENT Page 1
8
AGENDA MEMORANDUM
DATE: June 14, 2005
SUBJECT: Waldron Road from Purdue to Glen Oak and Mediterranean Extension
(Project No. 6274)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a Contract for
Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of
$603,420 for Waldron Road from Purdue to Glen Oak and the Mediterranean
Extension. (BOND ISSUE 2004)
ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package
under Proposition No. 1 Street Improvements. An NE contract is required to provide
design, bid and construction phase services and requires the approval of City Council
before work may begin.
FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
£
'A~el R. Escobar, P. E.,
Director of Engineering Services
Additional Sum3ort Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
BACKGROUND INFORMATION
SUBJECT: Waldron Road and Mediterranean Extension Street Improvement Project
BOND ISSUE 2004 PROJECT
PRIOR COUNCIL ACTION:
1. November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Chdsti for the adoption
of five bond propositions; adoption of a permanent ad valorem tax freeze on residents
homesteads of persons 65 years of age or older or disabled persons and eligible
spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi
(Ordinance No. 026022).
3. March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800 (Ordinance 026188).
PRIOR ADMINISTRATIVE ACTION:
1. Auqust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as
required.
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an
election to consider a number of ballot propositions to fund major capital improvements for the
community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces
County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem
property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public
Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for growth,
and protect the City's investment in its infrastructure.
EXHIBIT "A" I
Page 1 of 2
In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes
were added to the early stages of the design phase:
(1)
More detailed and standardized Subsurface Utility Engineering to include
Hydro-excavation to determine precise locations and utility classifications of
public and pdvate utilities. This allows coordination with local utilities
franchises for the timely relocation and avoids costly delays during
construction.
(2)
Wastewater lines cleaning and televising (CCTV) to determine detailed
information on the condition and any required repairs/upgrades pdor to the
street reconstruction.
(3)
Land acquisition. On critical projects, land acquisition is proceeding ahead of
the project design and being coordinated with the platting process. This
allows dedications in lieu of purchase of ROW and easements and avoids
future delays and costs for Utility relocations and/or street reconstruction.
PROJECT DESCRIPTION:
This project consists of Waldron Road reconstruction including the repair of base failures, curb
and gutter replacement, pavement reconstruction, lane stdping and markings, upgrading
sidewalks and installing wheelchair ramps to meet TDLR requirements. Associated utility
improvements will be made where necessary. Project scope includes the extension of
Mediterranean Drive from where it currently ends approximately 600 feet west to tie in at
Waldron Road. Mediterranean Ddve will be a two lane roadway, with parking lanes which will be
constructed to include underground utilities, sidewalks, curb and gutter, street lighting and
signalization at the new Waldron and Mediterranean intersection. Storm Water improvements
will include a new trunk system for Waldron and offsite improvements for Mediterranean.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B.
FINAL PRODUCT: Design, Bid and Construction services will result in street and utility
improvements to Waldron Road and the extension of Mediterranean Ddve to connect to
Waldron Road.
EXHIBIT "A"I
Page 2 of 2
CONTRACT SUMMARY
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and RVE~ Inc., a Texas
corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401,
(ArchitectJEngineer - A/E), hereby agree as follows:
1, SCOPE OF PROJECT (Waldron Road - Purdue to Glenoak + Mediterranean
Extension ~6274)
The project consists of Waldron Road reconstruction including the repair of base failures,
curb and gutter replacement, pavement reconstruction, lane stdping and markings,
upgrading sidewalks and installing wheelchair ramps to meet TDLR requirements.
Associated utility improvements will be made where necessary. Project Scope includes
the extension of Mediterranean Drive from where it currently ends approximately 600 feet
west to tie in at Waldron Road. Mediterranean Drive will be a two lane roadway with
parking lanes and will be constructed to include underground utilities, sidewalks, curb and
gutter, street lighting and signalization at the newWaldron and Mediterranean intersection.
Storm Water improvements will include a new trunk system for Waldron and offsite
improvements for Mediterranean. The project construction budget is $4,488,376.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform Professional Services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, NE
will provide monthly status updates (project progress or delays, Gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
and "A-I", to complete the Project. Exhibit "A-l" provides supplemental description of
services to Exhibit "A" and does not intended to supersede services described in Exhibit
"A". Work will not begin on Additional Services until requested by the NE (provide
breakdown of costs, schedules), and written authorization is provided by the Director of
Engineering Services.
Contract Summary
Page 1 of 3
2. SCHEDULE
PROPOSED PROJECT SCHEDULE
DAY
Friday
Monday
Wednesday
Monday
Monday
Monday
Wednesday
Friday
Monday (2)
Thursday
Wednesday
Weekday
Weekday
DATE
July 1,2005
August 15, 2005
August 31, 2005
September 19, 2005
October 3, 2005
February 6, 2006
February 22, 2006
March 17, 2006
March 27/April 3, 2006
Apd113, 2006
April 26,2006
TBD
TBD
ACTIVITY
Begin Preliminary Phase
Submit Draft Design Memorandum
City Review Meeting
Submit Final Design Memorandum
Begin Design Phase
Pre-Final Submittal
City Review Meeting
Final Submittal
Advertise for Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
3. FEES
Fee for Basic Services. The City will pay the NE a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A.1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, NE will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon A/E's estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4. the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to NE's monthly
statements.
Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services" the City will pay the
NE a not-to-exceed fee as per the table below:
Contract Summary
Page 2 ol~ 3
Fee for Basic Services
1. Preliminary Phase
2. Deel~n Phase
3. Bid Pha~e
4. Construction Phase
Subtotal Basic Services Fee
Fee for Additional Services (Allowance)
1. Permitting
a. USACE/GLO/TCEQ
b. TDLR Registration (Authorized)
2. ROW Acquisition Survey
a. Roadway (Authorized)
b. Offslt~ Drainage ROW
3. Topographic Survey (Authorized)
4. SUE Exploration (Authorized)
5. Public Meeting (one meeting)
6. Construction Observation [15 month
duration)
7. Warranty Phase
8. MIUgaUon SUe Acquisition, Surveys,
ConstrucUon Plans
8. Sewer Line Televising (Authorized)
a. Pre-Design
Subtotal Additional Services Fee
TOTAL FEES
Streets
106,868
2,235
26,443
156~265
2,0t7
0
4,365
16,308
9,446
1,111
68,308
982
0
4,592
0
107,129
263,394
SW
23,932
123,443
2,~a~
30.544
180,50t
2,329
0
5,042.
10,911
1,283
78,902
0
5,304
0
123,742
304,243
Water
2,340
12,070
252
2,987
17,649
228
0
493
1,847.,
1,067/
125'
7,715
111
0
519
0
12,100
29,749
475
2,448
51
6O6
3,580
48
0
100
374
216
25
1,565
23
0
105~
0
2,454
6,0~4
TOTAL
47,485
244,829
5,120
60,580
357,994
TBD
4,620
10,000
TBD
37,361
21,640
2,544
156,490
2,250
TBD
10.520
245,425
603,420
Contract Summa~
Page 30f3
~Mproject~councilexh~b~ts~exh6274 dwg
N
z
...... "PROJECT LOCATION
LOCATION MAP
NOT TO SCALE
N
PROJECT SITES
CITY PROJECT No. 6274
VICINITY MAP
NOT TO SCALE
WALDRON ROAD STREET IMPROVEMENTS
FROM PURDUE TO GLEN OAK AND
MEDITERRANEAN EXTENSION
EXHIBIT 'C'
CITY COUNCIL EXHIBIT
CiTY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 06-07-2005
9
AGENDA MEMORANDUM
DATE: June 14, 2005
SUBJECT: Everhart Road from Saratoga to Cedar Pass
(Project No. 6263)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a Contract for
Professional Services with Coym, Rehmet and Gutierrez Engineering, of Corpus
Christi, Texas in the amount of $631,714 for Everhart Road, Phase 1 from Saratoga
to Cedar Pass. (BOND ISSUE 2004)
ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package
under Proposition No. 1 Street improvements. An NE contract is required to provide
design, bid and construction phase services and requires the approval of City Council
before work may begin.
FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~l'Director of Storm Water Services
DirectoLef Water Services
Foster Crowell,
Director of Wastewater Services
scobar, P. E.,
f Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
BACKGROUNDINFORMATION
SUBJECT: Everhart Road Phase 1, from Saratoga to Cedar Pass (Project No. 6263)
BOND ISSUE 2004 PROJECT
PRIOR COUNCIL ACTION:
1. November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Chdsti for the adoption
of five bond propositions; adoption of a permanent ad valorem tax freeze on residents
homesteads of persons 65 years of age or older or disabled persons and eligible
spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi
(Ordinance No. 026022).
3. March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800 (Ordinance 026188).
PRIOR ADMINISTRATIVE ACTION:
1. Auqust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as
required.
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an
election to consider a number of ballot propositions to fund major capital improvements for the
community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces
County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem
property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public
Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for growth,
and protect the City's investment in its infrastructure.
EXHIBIT "A" I
Page I of 2
In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes
were added to the eady stages of the design phase:
(1)
More detailed and standardized Subsurface Utility Engineering to include
Hydro-excavation to determine precise locations and utility classifications of
public and private utilities. This allows coordination with local utilities
franchises for the timely relocation and avoids costly delays during
construction.
(2)
Wastewater lines cleaning and televising (CCTV) to determine detailed
information on the condition and any required repairs/upgrades prior to the
street reconstruction.
(3)
Land acquisition, On critical projects, land acquisition is proceeding ahead of
the project design and being coordinated with the platting process. This
allows dedications in lieu of purchase of ROW and easements and avoids
future delays and costs for Utility relocations and/or street reconstruction.
PROJECT DESCRIPTION:
The section of Everhart Road bound between Saratoga Blvd. and Cedar Pass Ddve is currently
a four-lane curb and gutter section with no continuous center left turn lane. Everhart Road
Phase 1 improvements will consist of the reconstruction and widening of the existing four-lane
roadway to an artedal (A-1) four-lane roadway with a continuous left rum lane, curb and gutter,
sidewalks, driveways, storm water improvements, water improvements, wastewater
improvements and the installation of improvements to meet TAS standards as administered thru
TDLR. Associated improvements such as pavement markings, traffic signage/traffic control,
street lighting will be made as required. New traffic signals will be installed at the intersections of
Everhart Road and Snowgoose Street and Everhart Road and Cedar pass Drive.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B.
FINAL PRODUCT: Design, Bid and Construction services will result in street and utility
improvements to Everhart Road between Saratoga and Cedar Pass.
EXHIBIT "A" I
Page 2 of 2
CONTRACT SUMMARY
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or Designee (Director or Engineering Services) and Coym. Rehmet &
Gutierrez Enclineerin~l. Inc., a Texas corporation, 5656 S. Staples, Suite 230, Corpus
Christi, Nueces County, Texas 78411, (ArchitectJEngineer - A/E), hereby agree as
follows:
1. SCOPE OF PROJECT
Everhart Road Phase 1 - Saratoga to Cedar Pass (Project No. 6263)
The section of Everhart Road bound between Saratoga Blvd. and Cedar Pass Drive is
currently a four-lane curb and gutter section with no continuous center left turn lane.
Everhart Road Phase 1 improvements will consist of the reconstruction and widening of the
existing four-lane roadway to an arterial (A-1)four-lane roadway with a continuous left turn
lane, curb and gutter, sidewalks, driveways, storm water improvements, water
improvements, wastewater improvements and the installation of improvements to meet
TAS standards as administered thru TDLR. Associated improvements such as pavement
markings, traffic signage/traffic control, street lighting will be made as required. Newtraffic
signals will be installed at the intersections of Everhad Road and Snowgoose Street and
Everhart Road and Cedar Pass Drive.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, NE
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
and "A-I", to complete the Project. Exhibit "A-I" provides supplemental description of
services to Exhibit "A" and is not intended to supersede services described in Exhibit "A".
Work will not begin on Additional Services until requested by the NE (provide breakdown
of costs, schedules), and written authorization is provided by the Director of Engineering
Services.
2. SCHEDULE
DAY
Wednesday
Friday
PROPOSED PROJECT SCHEDULE
DATE ACTIVITY
July 6, 2005 Begin Design Memorandum Phase
November 18, 2005 Design Memorandum Pre-Final
Submission
Contract Summary
Page I or 3
Friday
Friday
Friday
Friday
Friday
Friday
Friday
Monday (2)
Tuesday
Wednesday
Monday
Monday
December 2, 2005
December 16, 2005
December 23, 2005
July 7, 2006
July 21,2006
August 25, 2006
September 15, 2006
October 22 & 29, 2007
November 13, 2007
December 5, 2007
March, 2008
March, 2009
City Review
Design Memorandum Final Submission
Begin Design Document Phase
Design Document Pre-Final
Submission
City Review
Design Document Final Submission
City Review
Advertise For Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
FEES
Fee for Basic Services. The City will pay the NE a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A.1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, NE will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon A/E's estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to NE's monthly
statements.
Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services" the City will pay the
NE a not-to-exceed fee as per the table below:
Contract Summary
Page 2 or 3
Summary of Fees
EVERHART ROAD PHASE 1 - SARATOGA TO CEDAR PASS (Project No. 6263)
Fee for Basic Services
Street Storm water Water
1. Preliminary Phase 86,608 11,620 11,739
2. Design Phase 150,594 20,204 20,412
3. Bid Phase 7,488 1,004 1,014
4. Construcllon Phase 41,855 5,615 5,673
Subtotal Basic Services Fees 286,545 38,443 38,838
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable) (AUTHORIZED)
TXDOT
NPDE$ PermJl/Amendments
Texas Department ol~ License and Regulation
Total Perml[~lng
2. Topographic Survey (AUTHORIZED)
3. Environmental Issues
4. Construction Observation Services
5. Wan'anb/Phase
6. Hydro-Excavation (AUTHORIZED)
7. Public Meeting (AUTHORIZED)
Sub-Total Additional Services Fees Authorized
Waste
Totals
Water
9,823 119,790
17,080 208,290
849 10,355
4,747 57,890
32,499 396,325
Total Authorized Fee
3,976 534 451 539 5,500
8,332 1,984 631 994 12,141
0 0 0 0 0
124,674 16,727 16,899 14,140 172,440
3,511 457 461 279 4,708
0 0 17,500 17,500 35,000
4,049 543 549 459 5,600
144,542 2045 37,691 33,911 233,389
431,087 58,688 75.529 66,410 631,714
Contract Summar~
Page 3 of 3
LOCATION MAP
NOT TO SCALE
/ /
PROJECT LOCATION
& EXTENTS
PROJECT # 6263
VICINITY MAP
NOT TO SCALE
EVERHART ROAD, PHASE 1 STREET
IMPROVEMENTS FROM SARA TOGA TO
CEDAR PASS DR
EXHIBIT 'C'
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST/, TEXAS
DEPARTMENT OF ENGINEERING SERVICE~
PAGE: I o1' 1
DATE: 05-26-2005
10
AGENDA MEMORANDUM
DATE: June 14, 2005
SUBJECT:
Street Resurfacing Project (BOND ISSUE 2000)
· Up River Road - from IH 37 to Leopard Street
(Project No. 6141 )
· Ayers Street- from SPID to Port Avenue
(Project No. 6142)
· Gollihar Road - from Crosstown Expressway to Kostoryz Road
(Project No. 6143
AMENDMENT NO. 5
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Ratification of Amendment No. 5 to the Contract For Professional Services with LNV
Engineering for a total fee of $112,114, for a total re-stated contract fee of $1,013,119, for
the Street Resurfacing Project (BOND ISSUE 2000)
· Up River Road - from IH 37 to Leopard Street
· Ayers Street- from SPiD to Port Avenue
· Gollihar Road - from Crosstown Expressway to Kostoryz Road
ISSUE: The proposed Amendment No. 5 provides the following services:
· Basic Services - Construction Phase Services for the Street Resurfacing Project
along Up River Road, Ayers Street, and Gollihar Road
· Additional Services - Construction Observation Services for the Street Resurfacing
Project along Up River Road, Ayers Street, and Gollihar Road
The proposed Amendment surpasses the maximum limit of $25,000 for an administrative
approval; and therefore, requires Council Action.
FUNDING: Funding is available from the FY 2004-2005 Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
scobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Location Map
Exhibit "C" Prior Actions
BACKGROUND INFORMATION
SUBJECT:
Street Resurfacing Project (BOND ISSUE 2000)
· Up River Road - from IH 37 to Leopard Street
(Project No. 6141 )
· Ayers Street- from SPID to Port Avenue
(Project No. 6142)
· Gollihar Road - from Crosstown Expressway to Kostoryz Road
(Project No. 6143
AMENDMENT NO. 5
BACKGROUND INFORMATION: This project was approved under the November 2000
Bond Election. The original intent of this project was to perform base repairs and provide
an overlay along Up River Road, Ayers Street, and Gollihar Road. As part of the initial
Design Phase, the Water and Wastewater Master Plans were reviewed to determine if any
major utility lines were programmed to be installed in the street pavement within the
affected areas. It was determined that:
· Up River Road was listed as needing a 24" waterline installed within the next 2
years
· Ayers Street and Gollihar Road would require a 16-inch water line replacement
· Due to historical problems with the wastewater line on Gollihar Road, the
existing 8-inch sanitary sewer line on Gollihar Road would need to be replaced
Additionally, Preliminary Phase work included field investigations of the existing utilities
under the pavement section to prevent any repairs to these systems after performing the
overlay project.
The field investigations resulted in the dLscovery that a majority of the sanitary sewer lines
required either replacement or structural upgrades. Amendment No. 2 to the Contract For
Professional Services, approved by City Council on December 11,2001, was issued to the
ConsuLtant for design services necessary to replace additional utility lines.
During the Design Phase, it was determined that the existing 8-inch ductile iron and
asbestos cement water lines located behind the curb on Ayers Street should be replaced
due to:
· System Integrity: These lines are over 30 years old and have exceeded their
useful life.
· Pavement Integrity: By replacing the Lines located adjacent to the new street
work, the likelihood of water leaks damaging the new pavement will be greatly
reduced.
EXHIBIT "A" J
Page 1 of 4
· The need to minimize the number of water taps onto the new water trunk lines
being installed.
Based upon results of the Master Plans, field investigations and design work to date, it is
possible to eliminate the Wastewater Lift Station on Crosstown Expressway at the Mission
Shopping Center. The opportunity to eliminate this lift station will reduce the operating,
maintenance and capital expenses associated with the station. It is the best interest of the
City to include this additional design service within the scope of this contract to coordinate
the wastewater line replacement within the project limits and expedite elimination of the lift
station.
The projects will be split into three (3) separate construction contracts:
· Part A- Up River Road
· Part B - Ayers Street and Gollihar Road
· Part C - Mission Center Sanitary Sewer Relocation
AMENDMENT NO. 5: Amendment No. 5 provided for Consultant Engineer Basic Services
and Additional Services-Construction Observation Services as follows:
BASIC SERViCES-Construction Phase Services:
Up River Road - from IH 37 to Leopard Street - Additional design work was
required to enhance the reliability of existing feeds to cdtical refineries. These
improvements were for the 24-inch water transmission main which service the
refineries in the area. In addition, water line route changes were required to avoid
conflicts with existing utilities, which required additional bends, valves, fittings and
additional length of pipe for 8-inch, 12-inch, 16-inch, and 24-inch water lines.
Also included in this additional work by Change Order No. 1 was the extension of
street reconstruction and 2-inch oveday from Leopard Street through Nueces Bay
Boulevard approximately 11,000 square yards. This area was not within the odginal
project scope, but was added to rehabilitate and maintain the integrity of the area. If
this pavement reconstruction would not have been performed, severe asphalt failure
would occur in the near future. With this additional street reconstruction, Up River
Road was completely reconstructed from IH 37 through Nueces Bay Boulevard.
Avers Street - from SPID to Port Avenue - During the construction activities
multiple changes were required. In several cases, the improvements were extended
beyond the original construction limits as requested by the City and authorized by
Change Orders. These changes required additional engineering during the
construction phase.
Also included in this additional work was the extension of street reconstruction on
Ayers Street from the Port/Ayers intersection to Horne Road. This area was not
within the original project scope, but was added to rehabilitate and maintain the
EXHIBIT "A" I
Page 2 of 4
integrity of this area. Street reconstruction and overlay for this area was
approximately 78,000 square yard s. An additional 3,100 linear feet of 8-inch water
line, valves, and fittiings was also included in this area. The existing pavement was
in a deteriorated condition and was reconstructed. With this additional street
reconstruction, Ayers Street was completely reconstructed from S.P.I.D. to Home
Road.
Gollihar Road - from Crosstown Expressway to Kostorvz Road - During the
construction activities multiple changes were required. A major conflict was with a
12-inch gas line approximately 12-feet deep. Contaminated soil was also
encountered in the area of Gollihar Road and Ayers Street intersection which
required a substantial amount of coordination between the Contractor, City, and
Engineer. Changes included additional work to avoid conflicts with existing utilities
for this area. These changes required additional engineering during the construction
phase, which include additional Traffic Control Plans and Coordination for nighttime
work, and closures to reduce construction impacts on the traveling public. In
addition, 5,000 linear feet of new 8-inch water line for distribution was added on
Gollihar Road to increase realiability as authorized by Change Order.
ADDITIONAL SERVICES-Construction Observation Services:
Up River Road - from IH 37 to Leol)ard Street - Due to change orders, an
additional 135 calendar days have been added to the project. The construction
observation services budget has been adjusted to complete the project.
Avers Street - from SPID to Port Avenue - Due to change orders, an additional
100 calendar days have been added to the project. The construction observation
services budget has been adjusted to complete the project
Gollihar Road - from Crosstown Expresswav to Kostorvz Road - Due to
change orders, an additional 100 calendar days have been added to the project.
The construction observation services budget has been adjusted to complete the
project.
Administrative approval of Change Order No. 2 to the construction contract with BRH
Gan/er, inc. from Houston, Texas in the amount of 23,547.50 for the Street Resurfacing
and Utility Improvements Par[A: Up River Road.
CONCLUSION: All work is complete on the proposed Ratification of Amendment No. 5.
Construction Contract Par[ A Up River Road and Construction Contract Par[ BAyers Street
and Goilihar Road are ready for project dose-out procedures as all specified work is
complete.
No additional change orders to the Construction Contract are required; and no additional
amendments to the Contract For Professional Services are required.
I EXHIBIT"A" J
Page 3 of 4
H:/USERS2~HOME/VELMAP/GEN/STREEI~614 I~AMENDMENT NO 5~,AGENDA BACKGROUND
SUMMARY OF FEES: Following is a breakdown of the fee for Amendment No. 5.
AMENDMENT NO. 5
Street [ Water I Wastewater I Total
Basic Services
Construction Phase
Up River $17,967.00 $27,000.00 $0.00 $44,967.00
Ayers 3,140.00 12,550.00 5,230.00 20,920.00
Gollihar 0.00 3,489.00 10,460.00 13,949.00
Subtotal 21,107.00 43,039.00 15,690.00 79,836.00
Additional Services
Construction Observe
Up River 6,348.00 9,522.00 0.00 15,870.00
Ayers 1,460.00 5,900.00 2,470.00 9,850.00
Gollihar 0.00 1,638.00 4,920.00 6,558.00
Subtotal 7,828.00 17,060.00 7,390.00 32,278.00
Total $28,935.00 $60,099.00 $23,080.00 $112,114.00
EXHIBIT "A" I
Page 4 of 4
~ Mprojec~ ~ counc~'lexh ~ 6141 dwg
PROJECT LOCA TION~N
CORPUS CHRISTI BAY
LOCATION MAP
NOT TO SCALE
_EOPARD
PROJECT # 6141
BUFFALO
VICINITY MAP
NOT TO SCALE
Westgat~
,,
EXHIBIT "B"
UP RIVER ROAD- IH 37 TO
LEOPARD ST
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SER~CES
PAGE: 1 of 3
DATE: 05-12-2005
~ Mpro]ecl ~ councilexhibits ~ exh~ 142.dwg
NUEC£5 BA~
N
LEOPARD
' S
.,NE
CORPUS CHRISTI BAY
g
PROJECT LOCATION
& EXTENTS
PROJECT # 6142
LOCATION MAP
EXHIBIT "B"
A YERS STREET-FROM SPID TO
PORT A VENUE
CITT OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 3
DATE: 05- 12-2005
~ Mpro]ec t ~ coutlcilexi~ib~ ls ~ exh~14.,~, dwg
NUEC'E~ BA ~
N
LEOPARD
CORPUS CHRISTI BAY
W. POINT
PROJECT LOCATION
& EXTENTS
PROJECT # 6143
LOCATION MAP
NOT TO E, C. ALE
GOLLIHAR RD-FROM CROSSTOWN
EXPRESSWAY TO KOSTORYZ ROAD
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT 'B"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENClNEERING SERVICES
PAGE: 3 of: 3
OAT£: 05- 12-2005
PRIOR ACTIONS
SUBJECT:
Street Resurfacing Project (BOND ISSUE 2000)
· Up River Road - from IH 37 to Leopard Street
(Project No, 6141)
· Ayers Street-from SPID to Port Avenue
(Project No. 6142)
· Gollihar Road - from Crosstown Expressway to Kostoryz Road
(Project No. 6143
AMENDMENT NO. 5
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
2. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with LNV Engineering, Inc. in the amount of
$519,000 for the Street Resurfacing Project along the following streets: (BOND
ISSUE 2000) (Motion No. M2001-160)
· Up River Road - From IH 37 to Leopard Street
· Ayers Street- from SPID to Port Avenue
· Gollihar Road - Crosstown Expressway to Kostoryz
3. December 11, 2001 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 2 to the Contract For Professional Services with LNV
Engineering, Inc. in the amount of $125,950 for the Street Resurfacing Project along
the following streets: (BOND ISSUE 2000) (Motion No. M2001-464)
· Up River Road - From IH 37 to Leopard Street
· Ayers Street- from SPID to Port Avenue
· Gollihar Road - Crosstown Expressway to Kostoryz
· SPID 30-Inch Water Line Relocation to Johanna Street
4. June 18, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 4 to the Contract For Professional Services with LNV Engineering,
Inc. in the amount of $238,860 for the Street Resurfacing Project along the following
streets: (BOND ISSUE 2000) (Motion No. M2002-169)
· Up River Road- From IH 37 to Leopard Street
· Ayers Street- from SPID to Port Avenue
· Gollihar Road - Crosstown Expressway to Kostoryz
· SPID 30-Inch Water Line Relocation to Johanna Street
· Mission Center Sanitary Sewer Relocation
EXHIBIT "C" I
Page 1 of 3
PRIOR COUNCIL ACTION (continued):
5. October 8, 2002 - Motion authorizing the City Manager, or his designee, to award a
construction contract to BRH Garver, Inc. from Houston, Texas in the amount of
$2,241,537 for the Street Resurfacing and Utility Improvements Part A: Up River
Road (Motion No M2002-333).
6. October 8, 2002 - Motion authorizing the City Manager, or his designee, to award a
construction contract to King-Isles, Inc. fi87rom Corpus Christi, Texas in the amount
of $4,981,673 for the Street Resur[acing and Utility Improvements Part B: Ayers
StreetJGollihar Road (Motion No. M2002-334)
7. May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 1 to the construction contract with King-Isles, Inc. from Corpus
Christi, Texas in the amount of $147,073 for the Street Resudacing and Utility
Improvements Part B: Ayers Street/Gollihar Road (Motion No. M2003-170).
8. October 14, 2003 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 3 to the construction contract with King-Isles, Inc. from Corpus
Christi, Texas in the amount of $667,105.25 for the Street Resurfacing and Utility
Improvements Part B: Ayers StreeVGollihar Road (Motion No. M2003-342).
9. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget
for $173,624,300 (Ordinance No. 025647).
10. April 20, 2004 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 1 to the construction contract with BRH Garver, Inc. from
Houston, Texas in the amount of $148,830.32 for the Street Resurfacing and Utility
Improvements Part A: Up River Road (Motion No. M2004-157).
11. October 21,2004 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 3 to the construction contract with BRH Garver, Inc. from
Houston, Texas in the amount of $290,357.69 for the Street ResurEacing and Utility
Improvements Part A: Up River Road (Motion No. M2004-410).
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
4. June 22, 2001 - Administrative approval of Amendment No. 1 to the Contract For
Professional Services with LNV Engineering, Inc. in the amount of $14,995 for the
Street Resurfacing Project along the following streets: (BOND ISSUE 2000)
· Up River Road - From IH 37 to Leopard Street
· Ayers Street- from SPID to Port Avenue
· Gollihar Road - Crosstown Expressway to Kostoryz
EXHIBIT "C" I
Page 2 of 3
PRIOR ADMINISTRATIVE ACTION (continued):
5. January 28, 2002 - Administrative approval of Amendment No. 3 to the Contract
For Professional Services with LNV Engineering, Inc in the amount of $2,200 for
the Street Resurfacing Proiect along the following streets: (BOND ISSUE 2000)
· Up River Road- From IH 37 to Leopard Street
· Ayers Street - from SPID to Port Avenue
· Gollihar Road - Crosstown Expressway to Kostoryz
· SPID 30-Inch Water Line Relocation to Johanna Street
6. July 30, 2003 - Administrative approval of Change Order No. 2 to the construction
contract with King-Isles, Inc. from Corpus Christi, Texas in the amount of $22,600
for the Street Resurfacing and Utility Improvements Part B: Ayers Street/Gollihar
Road.
7. April 2, 2004 - Administrative approval of Change Order No. 4 to the construction
contract with King-Isles, Inc. from Corpus Christi, Texas in the amount of $16,400
for the Street Resurfacing and Utility Improvements Part B: Ayers Street/Gollihar
Road.
8. Apd112, 2004 - Administrative approval of Change Order No. 5 to the construction
contract with King-Isles, Inc. from Corpus Christi, Texas in the amount of $24,638
for the Street Resurfacing and Utility Improvements Part B: Ayers Street/Gollihar
Road.
9. May 13, 2004 - Administrative approval of Change Order No. 6 to the construction
contract with King-Isles, Inc. from Corpus Christi, Texas in the amount of $24,883
for the Street Resudacing and Utility Improvements Part B: Ayers Street/Gollihar
Road.
10. June 11,2004 - Administrative approval of Change Order No. 7 to the construction
contract with King-Isles, Inc. from Corpus Christi, Texas in the amount of $20,536
for the Street Resurfacing and Utility Improvements Part B: Ayers Street/Gollihar
Road.
June 30, 2004 - Administrative approval of Change Order No. 2 to the construction
contract with BRH Garver, Inc. from Houston, Texas in the amount of 23,547.50 for
the Street Resuffacing and Utility Improvements Part A: Up River Road.
January 13, 2005 - Administrative approval of Small NE Agreement with Farrera
Architects in the amount of $11,000 for the Street Resurfacing Project along the
following streets: (BOND ISSUE 2000)
· Up River Road - From IH 37 to Leopard Street
· Ayers Street - from SPID to Port Avenue
· Gollihar Road - Crosstown Expressway to Kostoryz
February 4, 2005 - Administrative approval of Change Order No. 4 to the
construction contract with BRH Garver, Inc. from Houston, Texas in the amount of
20,948.50 for the Street Resurfacing and Utility Improvements Part A: Up River
Road.
11.
12.
13.
EXHIBIT "C" I
Page 3 of 3
11
AGENDA MEMORANDUM
Cltv Council Action Date: June 14, 2005
SUBJECT: Fire Station No. 12 Re-Reel 2005
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract to Sechrist Hall Company [rom Corpus Christi, Texas in the amount
of $33,884.40 for the Fire Station No. 12 Re-Roof.
ISSUE: The project consists of the re-roofing of Fire Station No.12 (located at 2120 Rand
Morgan Road), a one-story structure built in the early 1960's. It is unclear if the current
roof is the original 43-year-old roof or if it is approximately 20 years old. Regardless of its
age, the current roof shows much wear and deterioration and needs to be replaced before
even more serious leakage occurs, causing damage to the structure and the interior. The
contract has been bid and is ready for the construction award_ City Council action is
required to complete this project.
FUNDING: Funding is available from the FY 2004-2005 Operating Budget (Maintenance
Service Fund).
RECOMMENDATION: Staff recommends approval of the motion as presented.
D
I~E. ector of General Services
A,,l~gel R. Escobar, P.E.
Director of Engineering Services
Additional Supoort Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
AGENDA BACKGROUNDINFORMATION
SUBJECT: Fire Station No. 12 Re-Rool~ 2005 (Project No. 5152)
PRIOR COUNCIL ACTION:
1. July 27, 2004 - 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. (Ordinance No. 025878)
PRIOR ADMINISTRATIVE ACTION:
1. January 4, 2005 - Administrative approval of a small agreement for architect/engineer
consultant services with Roots/Foster Associates Architects in the amount of $6,800
for the Fire Station No. 12 Re-Roof 2005.
2. January 31, 2005 - Administrative approval of a small agreement for asbestos
services with Health & Safety Management Inc. in the amount of $455 for the Fire
Station No. 12 Re-Roof 2005.
BACKGROUND INFORMATION: Fire Station No.12 (located at 2120 Rand Morgan Road)
is a one-story structure built in the eady 1960's. It is unclear if the current roof is the odginal
43-year-old roof or if it is approximately 20 years old (having been replaced near the mid-
point of the building's life). Regardless of its age, the current roof shows much wear and
deterioration and needs to be replaced before even more serious water leakage occurs,
causing damage to the structure and the interior.
PROJECT DESCRIPTION: The project consists of the removal of the existing gravel-
surfaced, built-up roofing and dgid insulation and the installation of a new 20-year modified
bitumen roof with cap sheet, including replacement of wood and metal fascia, stops,
gutters and downspouts, flues and vents on approximately 5,400 square feet of roof area
at Fire Station No.12.
BID INFORMATION: The City received proposals from four bidders on May 25, 2005 (see
Exhibit "B" Bid Tabulation). The estimated cost of construction is $46,800. The bids range
from $33,884.40 to $56,000.00. The consultant (Roots/Foster Associates Architects) and
City staff recommend that the construction contract be awarded in the amount of
$33,884.40 to Sechrist Hall Company o[ Corpus Chdsti, Texas.
CONTRACT TERMS: The contract specifies that the project will be completed in 70
calendar days with completion anticipated by September 2005.
EXHIBIT "A"
Page 1 of 1
IEXHIBIT "B"
Page 1 of I I
PROJECT BUDGET
Fire Station No. 12 Re-Roof2005
(Pr~ectNo. 5152)
June 14, 2005
FUNDS AVAILABLE:
Maintenance Service Fund
FUNDS REQUIRED:
Construction (Sechrist Hall Company) ..............................
Contingencies (10%) ...................................................
Professional Se~ces (Roots/Foster Assoc. Architects)
Engineering Reimbursements .......................................
Construction Inspection Activity .....................................
Misc. (Printing, Advertising, etc.) ....................................
Total ........................................................................
$48,762.40
$33,884.40
3,388.00
6,800.00
1,419.00
3,050.00
221.00
$48,76~.~
EXHIBIT 'C"
H:~HOe~E~C~c~h~e'~GEN~Pub~¢ He~zh & S~e¥5152'~r~= Bu~ Page I of 1
\ Mproject \ councilexhibits \ exh5152.dwg
N
PROJECT LOCATION
NUECES BAY
PROJECT No. 5'152
LOCATION MAP
FIRE STATION NO. 12 RE-ROOF
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "D'
CITY COUNCIL EXHIBIT
O,rc~:~ARI~iENT OF ENGINEERING SERVICES
PAGE: 1 o f 1
DATE: 06/07/2005
12
AGENDA MEMORANDUM
CItv Council Action Date: June 14, 2005
SUBJECT: Minor Storm Drainage Improvements - Westview Drive Ditch
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract to Big State Excavation from Houston, Texas in the amount of
$560,230.00 for the Minor Storm Drainage Improvements - Westview Drive Ditch.
ISSUE: This project is part of the Council-approved Storm Water Capital Improvement
program's $55 million list of priodty projects. Residents near Westview Ddve Ditch have
expressed concern about poor drainage at the cul-de-sac where storm water drains into
the existing flume. The contract has been bid and is ready for the construction award. City
Council action is required to complete this project.
FUNDING: Funds to finance the proposed project are available through the FY 2004-2005
Storm Water Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Valerie Gray,
Director of Storm Water Services
scobar, P.E.
Director of Engineering Services
AddlUonal Supl3ort Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit 'C" Project Budget
Exhibit "D" Location Map
AGENDA BACKGROUND INFORMATION
SUBJECT: Minor Storm Drainage Improvements - Westview Drive Ditch
PRIOR COUNCIL ACTION:
1. Mamh 29, 2005 - Approving the FY 2005 Capital Budget in the amount of
$178,074,800. (Ordinance No. 026188)
2. October 19, 2004 - Motion authorizing the City Manager, or his designee, to award
Amendment No. 1 to a Contract for Professional Services with Martinez, Guy and
Maybik, Inc. of Corpus Christi, Texas in the amount of $67,800 for a total restated fee
of $92,760 for Minor Storm Drainage Improvements at the following locations: (Motion
No. 2004-388)
· Westview Drive Drainage Improvements
· Pdncess at Cardinal Drainage Improvements
· Wood River and River Canyon Area Drainage Improvements
· Jester/'Turtle Cove Park Drainage Improvements
· Glenoak/Flour Bluff Drive Drainage Improvements, Phase 1
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. Mamh 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
3. Mamh 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
4. Mamh 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
6. September 30, 2004- Administrative approval of a small A/E agreement with Martinez,
Guy, Maybik, Inc. of Corpus Christi, Texas in the amount of $24,960 for Minor Storm
Drainage Improvements - Westview Drive Ditch.
FUTURE COUNCIL ACTION: Approval of construction contracts for the remaining priority
projects for minor storm drainage improvements (Group B projects) as follows: Pdncess at
Cardinal Drainage Improvements; Wood River and River Canyon Area Drainage
Improvements; Jester/l'ur'tle Cove Park Drainage Improvements; and Glencak/FIour Bluff
Ddve Drainage Improvements, Phase 1.
PROJECT BACKGROUND: This project is part of the Council-approved Storm Water
Capital Improvement program's $55 million list of priority projects. During the course of
EXHIBIT "A" I
Page 1 of 2
developing the CIP pdority listing, consultants were hired to assess drainage in numerous
areas throughout the City. Based on the data, evaluations and cost estimates developed
through the consultants, the City developed a pdodty listing for implementation of the
improvements. Through the RFQ process, the City requested proposals and has opted to
hire numerous consultants to complete the $55 million CIP projects.
PROJECT DESCRIPTION: Westview Drive Ditch is located south of Leopard Street, west
of McKinzie Road and east of Starlite Lane. Area residents have expressed concern about
the poor drainage at the cul-de-sac where storm water drains into the existing flume. The
property owner where the I:lume exists has requested that the flume be covered and an
underground drainage system be installed in its place.
This project consists of the removal of approximately 193 square yards of existing concrete
flume pavement and three post and curb inlet structures; excavation and installation of
approximately 1,790 linear I:eet of 48-inch HDPE storm sewer conduit along with 224 linear
feet of 30-inch, 36-inch, and 48-inch reinforced concrete pipe (RCP) sizes; 223 square
yards of asphalt pavement reconstruction; 100 linear feet of 8-inch and 10-inch sanitary
sewer with fiberglass manhole; 30 linear feet of 6-inch waterline alignment adjustment;
storm water pollution prevention measures; and minor traffic control.
BID INFORMATION: The City received proposals from three bidders on May 25, 2005
(see Exhibit "B" Bid Tabulation). The estimated cost of construction is $571,197. The bids
range from $560,230 to $589,527. The consultant (Martinez, Guy & Maybik Inc.) and City
staff recommend that the construction contract be awarded in the amount of $560,230 to
Big State Excavation of Corpus Chdsti, Texas.
CONTRACT TERMS: The contract specifies that the project will be completed in 120
calendar days with completion anticipated by November 2005.
EXHIBIT "A" I
Page 2 ot 2
!ii8888888~88888888888888888
EXHIBIT "B" I
Page I of 2
8888888888888888888888888
~~888888888888888888888888888
8~8~8858~88888~8X~88
~ ~ .... ~ , . .~ ..........
88~8~888888888888888888888
$I~ ~ 8888~88888888888888888888
EXHIBIT "B"
Page 2 o1' 2
PROJECT BUDGET
Minor Storm Drainage Improvements-Westview Drive Ditch
(Project No. 2222)
June 14, 2005
FUNDS AVAILABLE:
Storm Water CIP Fund
FUNDS REQUIRED:
Construction (Big State Excavation) .................................
Contingencies (10%) ...................................................
Professional Services (Martinez, Guy & Maybik inc.)
Testing (Kleinl~elder) ....................................................
Engineering Reimbursements .......................................
Construction Inspection Activity .....................................
Misc. (Printing, Advertising, etc.) ....................................
Total ........................................................................ ,
$671,559.0O
$560,230.00
56,023.00
19,865.00
3,700.00
12,504.00
16,807.00
2,430.00
$671,559.00
EXHIBIT 'C"
Page 1 of 1
~ Mpr oject ~ ¢out~cile~hibits ~ exh2222. ~w9
PROJECT LOCATION1
LOCATION MAP
NOT TO
N
/ ~'°~ N
EXIST. 6'X6' RD. BOX-/
PROJECT SITE
EXTENTS
ClP PROJECT No. 2222
VICINITY MAP
NOT TO SCALE
MINOR STORM DRAINAGE IMPROVE./
WESTVIEW DRIVE DITCH
CITY OF CORPUS CHRIST/, TEXAS
EXHIBIT "D"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SEPV~CE$
PAGE: I of 1
DATE: 06/07/05
13
AGENDA MEMORANDUM
June 14, 2005
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute an Engineering Materials
Inspection and Laboratory Testing contracts with Professional Services Industries, Inc.
(PSI) of Corpus Christi, Texas in an amount not to exceed $98,640.00 for the Corpus
Christi International Airport Runway 13/31 Rehabilitation, Overlay, ,Blast Pads, Shoulders,
Airfield Drainage Phase 3, Edge Lighting and Associated Site Work. (Project No. 1092,
1093 and 1080).
FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants.
RECOMMENDATION: Approval of the motion as presented.
Dave Hamrick
Director of Aviation
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Location Map
H:\HOME~EVINS\G EN~AIR~004[mprovemenls\1092 13-31Rehab~.abMatdTesUngAwdMerno.doc
BACKGROUNDINFORMATION
ADDITIONAL INFORMATION:
The Ft. Worth Regional FAA office notified the City that a qualification based selection
was required for materials inspection, testing and laboratory services. The Regional
Office had previously required a formal qualification selection only when the fee
exceeded $100,000. The Regional Office was instructed to begin requiring a formal
qualification selection process anytime the fee for services was greater than $25,000.
PRIOR COUNCIL/ADMINISTRATIVE ACTIONS:
June 8 2004- Motion authorizing the City Manager, or his designee, to execute an
architectural/engineering services contract with Pierce, Goodwin, Alexander and
Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $1,375,025 for
multiple Airport Improvement Projects including Runway 13/31 Rehabilitation,
Overlay, Blast Pads, Shoulders and Edge Lighting (Project No 1092); Airfield
Drainage Improvements Ph 3 (Project No. 1093); Runway 13 Localizer
Relocation (Project No. 1094); and the CCIA Master Plan Update (M2004-224).
Auqust 31, 2004 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical services contract with Professional Services Industries, Inc. (PSI) of
Corpus Christi, Texas in an amount not to exceed $39,690.00 for the Corpus
Christi International Airport Runway 13/31 Rehabilitation, Overlay, Blast Pads,
Shoulders, Edge Lighting and Associated Site Work
April 19, 2005
a. Resolution authorizing the City Manager, or designee, to accept Federal
Aviation Administration Grant Number 3-48-0051-37-2005 in an amount not to
exceed $7,788,088, for the Runway 13/31 Rehabilitation, Blast Pads and
Shoulders, Airfield Drainage Improvements - Phase 4, and Runway 13/31
Lighting and Cable Replacements at Corpus Christi International Airport
(Resolution No. 026220),
b. Ordinance Appropriating $5,088,088 from the Federal Aviation Administration
Grant Number 3-48-0051-37-2005 in the No. 3020 Airport Capital
Improvement Fund for the Runway 13/31 Rehabilitation, Blast Pads and
Shoulders, Airfield Drainage Improvements- Phase 4, and Runway 13/31
Lighting and Cable Replacements at Corpus Christi International Airport;
Amending FY 04-05 Capital Budget Adopted by Ordinance No 026188 to
increase Appropriations by $5,088,088; and Declaring an Emergency (Ord.
No. 026221)
c. Ordinance Appropriating $498,575 in the Airport Capital Reserve Fund 4611;
Transferring and Appropriating $498,575 into the Airport Capital Improvement
Program Fund - Capital Reserve Fund 3020a for the Runway 13/31
Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements -
Phase 4, And Runway 13/31 Lighting and Cable Replacements at Corpus
Christi International Airport; Amending FY 04-05 Operating Budget Adopted
by Ordinance No. 025878 to increase Appropriations by $498,575; Amending
I Exhibit
Page 1 of 2
H :~HOME\KEVINS\GEN~,IR~0041mprovements\^AwdM atrlTestingBkgExhA.doc
FY 04-05 Capital Budget Adopted by Ordinance No. 026188 to increase
Appropriations by $498,575; and Declaring an Emergency (Ord. No. 026222).
Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $8,963,579.50 with Berry Contractors
L.P, dba Bay, Ltd. of Corpus Christi, Texas, for the Runway 13/31
Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements -
Phase 4, and Runway 13/31 Lighting and Cable Replacements at Corpus
Christi International Airport (M2005-113).
PROJECT DESCRIPTION:
The project consists of the rehabilitation of Runway 13/31 with pavement milling and
overlay, installation of new twenty-five (25) foot wide shoulders, blast pads, drainage
improvements including pipe culverts, underdrains and other structures; new high
intensity runway lighting including conduit, cables, transformers and signage
improvements; new top soil, seeding, and sodding; the relocation of the Runway 13
Iocalizer; and the design work for the Runway 17/35 lighting replacement, shoulder and
blast pad project and other related work. The project will require closure of Runway
13/31 which is the primary runway during prevailing wind conditions. This will limit
takeoff loads under certain wind conditions. The airlines have been advised of this
project and will take appropriate measure to continuity of safe operations.
QUALIFICATION/SELECTION PROCESS:
A Request for Proposals was released, advertised in the Corpus Christi Caller and
posted on the City's website. Three local engineering materials inspection, testing and
laboratories responded by the RFP deadline. The responding firms were:
Fugro Consultants, Ltd.
Kleinfeder Associates; and
PSI.
All three firms were deemed qualified to perform the required services. While all three
firms listed aviation and FAA project experience, two of the firms listed projects that
were actually performed by personnel located in other cities. One of those firms did list
one recent FAA project performed by their local office. PSI was the only local office with
personnel having extensive experience with FAA funded projects. Additionally, PSI was
the geotechnical consultant for this project and consulted with PGAL on pavement
design and specifications. PSI was deemed most qualified for the project.
CONTRACT SUMMARY:
A summary of fees is attached. The services include various soil, concrete and asphalt
testing. The work will include field inspections, sampling, and laboratory tests and
preparation of reports. The estimated not to exceed fee is $98,640.00.
FUNDING:
Funding is available from the FAA Grants and Airport CIP Funds.
Exhibit A
Page 2 of 2
H \HOME~KEVINS\GEN~AIR~20041m proveme nts\^AwdMatrlTestingBkg ExhA doc
File ~Mproject~councilexhiDits~exhlO92.dwg
San Patrlcio County
N
CORPUS
CHRISTI
BAY
PROJECT LOCATZON
1000 INT£RNA770NAL DRAIE
CORPUS CHRISTI, TEXAS
LOCATION MAP
NOT TO SC. AL[
CESAR CHAVEZ BLVD.
I PROJECT SITE
HWY 44
AGNES RD.
CITY PROJECT No. 1092, '1093, '1080
SITE PLAN
NOT TO SC~,LE
MULTIPLE AIRPORT IMPROVEMENTS PROJECTS
RUNWAY 13/31 REHABT. LZTATION, OVERLAY, BLAST PADS, SHOULDERS AND
Ar-.RFr. ELD DRAINAGE PHASE 3~EDGE L[GHTZNG A~D ASSOCr-_ATED SZTE WORK.
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "B"
CZTY COUNCZL EXHZBZT
DgPARTMENT OF ENGINEERING SERViCES
PAGE: 1 of 1
DATE: 06-06-2005
14
CITY COUNCIL
AGENDA MEMORANDUM
June 14, 2005
AGENDA ITEM: Ordinance authorizing the City, Manager, or designee, to execute a Use Privilege
Agreement with Old Concrete Street, LTD, for the right to stage a fireworks display on a portion of
the Broadway Wastewater Treatment Plant in conjunction with a performance at the adjacent
Concrete Street Amphitheater; and establishing a fcc of $460.00; and declaring an emergency.
ISSUE: Old Concrete Street, LTD wishes to install mortars, racks, firing boxes, electronic firing
systems, and splitters on the property.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any
portion of public right-of-way for private purposes
RECOMMENDATION: Staff`recommends approval of the ordinance as presented.
Foster Crow(Il
Director of Wastewater
Attachments:
BACKGROUND INFORMATION
Old Concrete Street, LTD has requested a Use Privilege Agreement (UPA) from the City for
permission to install mortars, racks, firing boxes, electronic firing systems, and splitters on the
Concrete Street Amphitheater to stage a fireworks display for a Fourth of July celebration. Old
Concrete Street, LTD will temporarily install the necessary equipment tbr the display within the
City's property on a portion of the Broadway Wastewater Treatment Plant.
Old Concrete Street, LTD's use of the property is subject to the following conditions:
This agreement may be revoked at any time by the City of Corpus Christi's City Manager,
or the City Manager's designee ("City Manager") by giving the Permittee three (3) days
notice in whting of the revocation of this agreement.
· Perrnittee may not assign this agreement without the City Manager's prior written
consent.
Permittee must submit a detailed description of its planned use of the property, hacluding
drawings showing the specific location where the equipment identified in Paragraph 2 of
the UPA will be installed, and specifications for the fireworks that will be used to the
City's Fire Marshall and Wastewater Director.
Permittee's use of the property must not interfere with the operation of the City's Broadway
Wastewater Treatment Plant ("Plant"). Any construction or equipment installed by the Permittee
must be removed by the Permittee and the property restored to its original condition before this
agreement expires. If the City needs access to the property, Permittee must pay for removing or
relocating any improvements or equipment, to allow access to the Plant or any utility lines for
repair, replacement, or maintenance of the utility lines.
A one time fee of $460.00 is being recommended. Because the property is in full view of the
public, it must be maintained in neat and orderly fashion without visible trash, paper and other
unsightly debris. The owners have been advised of and concur with all the conditions of this
UP 'k.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH OLD
CONCRETE STREET, LTD, FOR THE RIGHT TO USE A PORTION OF
THE BROADWAY WASTEWATER TREATMENT PLANT PROPERTY
FOR STAGING A FIREWORKS DISPLAY ON JULY 2, 2005, AND
ESTABLISHING A FEE OF $460.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with Concrete Street, LTD, for the dght to use a podion of the
Broadway Wastewater Treatment Plant properly for staging a fireworks display on
July 2, 2005. Concrete Street, LTD will pay the fair market value fee of $460.00 for this
use privilege agreement.
SECTION 2. That upon wdtten request o¢ 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 Charier 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 June, 2005.
A'I-I'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 1~t day of June, 2005:
R. J/~/Rz'~ir~i ng/
FirSt As'sistant~City Attorney
For City Attorney
Henry Garrett
Mayor
Corpus Christi, Texas
day of ,2005
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,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
H:~J ay~e\Personal foid~'s~Data~05~53704C 1 .doc
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 6/14/05
AGENDA ITEM:
Motion authorizing the City Manager or his designee to award a contract in the estimated amount of
$126,000 with Collier, Johnson & Woods to perform the financial and compliance audit
requirements for fiscal year 2005. The term of the contract shall be for twelve months with an option
to extend for up to four additional twelve-month periods subject to the approval of the contractor and
the City Manager or his designee
1SSUE:
The City Charier, Article II Section 27, requires an annual audit as follows:
"The Council shall provide for an independent annual audit for all City accounts and may
provide for such more frequent audits as it deems necessary."
REQUIRED COUNCIL ACTION:
Approval of the motion to award the contract is required.
FUNDING:
Audit costs have been included in the Accounting Division budget for fiscal year 2005-2006.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council award a contract to Collier, Joknson & Woods to perform
the financial and comphance audit requirements for fiscal year 2005.
Director of Financial Services
Attachments: Background information
Contract for Professional Auditing Services
I I:\FIN-DI R'xS HARED~AGENDA~2005L~uditSergices.doc
BACKGROUND INFORMATION
Collier Johnson & Woods (CJW) has performed the City's external audit for the past 10 years.
Though CJW has performed well during these past 10 years, it was decided that the City would issue
a Request for Proposal for Professional Auditing Services to determine tf there were other firms that
might express an interest in the City audit.
On February 18, 2005, the City published notification of audit solicitation in the Corpus Christi
Caller-Times and mailed audit solicitation notices to local and out-of-town accounting firms The
City received two proposals. Through an evaluation process conducted by a committee comprised of
representatives from Financial Services and Purchasing, the proposals were evaluated based upon the
following major factors: Risk, Strategic Need, Technical Solution and Cost. The proposal that rated
the highest combined score for these factors was that from Collier Johnson & Woods
[t:~FIN -DIRxS HARED~GENDAL2005/.a. uditServices.doc
£valnation Model
Professional Auditing Services
Bl-0081-05
CONSOLIDATION OF SCORES
April 6, 2005
COLLIER, JOHNSON & WOODS P.C.
Rater Ri sk Strategic Technical Cost Total
Need Solution
Rater I 18 10 15 40 92
Rater 2 lC) Ic) 15 40 93
Rat er 3 18 I c) 16 4~0 93
TOTAL 18.33 19 15.33 40 92.66
Total First Year Fee Proposal
$t26,000.00
GOWLAND, STREALY, MORALES & COMPANY
Rater Risk Strategic Technical Cost Total
Need Solution
Raler I I1 17 16 397 837
Rater~ '~ 10 18 13 39 7 807
Rater 3 I 1 LB_ 14 397 827
TOTAL 10.67 17.67 ! 4.33 39.7 82.37
Tolal First Year Fee Proposal $126,750 00
EvMimlion Model
Professional Auditing Services
BI-0081-05
EVALUATION MATRIX
Coq~us Chdsli
Risk
20~b
Demonstrated
experience and
professional; activities
of the firm
10%
Personnel
qualifications
10%
Strategic Need
20 %
Understanding of City need,
proposed solution
10%
Evidence of good
organization and
maoagement p~actices
5 %
Utilization of local
businesses
5%
Technical
Solution
20 °o
Technical
Expertise of
staff available
to perform
"on-site"
work
20 °o
Cost
40 %
Total
lO00b
PROFESSIONAL AUDITING SERVICES CONTRACT BETWEEN
CITY OF CORPUS CHRISTI TEXAS AND COLLIER, JOHNSON & WOODS
This Professional Auditing Services Agreement ("Agreement") is entered into by and between the
City of Corpus Christi, a municipal corporation ("City"), and Collier, Johnson & Woods,
("Contractor") effective for all purposes upon execution by the City Manager.
WHEREAS, City desires to have financial slatements audited for fiscal year ended July 31, 2005.
NOW, THEREFORE, Contractor and City agree as follows:
1. SERVICES TO BE PERFORMED.
The Contractor agrees to provide professional auditing services to audit City's financial statements
for the fiscal year ending July 31, 2005. At the request of the City Manager, Contractor may
perform annual auditing of the financial statements for up to four additional one-year periods.
These audits are to be performed in accordance with auditing standards generally accepted in the
United States of America, the standards applicable to financial audits contained in Government
Auditing Standards issued by the Comptroller General of the United States, the provisions of the
federal Single Audit Act of 1984 (as amended in 2003) and U.S. Office of Management and Budget
(OMB) Circular A-133, Audits of States, Local Governments, andNon-Profit Organizations.
II. SCOPE OF SERVICES.
Contractor shall perform the professional auditing services in accordance with the Request for
Proposals (RFP) dated February 25, 2005, as amended, attached as Exhibit "A,' Contractor's
proposal dated March 24, 2005, attached as Exhibit "B", and Contractor's engagement letter dated
June 8, 2005, attached as Exhibit "C". In the event of conflict between Contractor's proposal and
the terms of this Agreement, this Agreement shall control.
III. CONTRACT ADMINISTRATOR.
The parties agree performance of the work shall commence upon authorization to proceed by the
City Contract Administrator. The Director of Financial Services is designated as the Contract
Administrator responsible for all phases of performance and operations under this Agreement,
including authorizations for paymcnt. All notices or communications regarding tkis Agreement
shall be directed to the Contract Administrator.
IV. TERM.
The term o£this Contract shall be for twelve months, with an option to extend for up to four
additional twelve-month periods sul~iect to the approval of the Contractor and the City Manager or
his designee.
V. FEE FOR SERVICES.
Total fees for all services provided by Contractor under this Agreement for the initial term shall not
exceed $126,000 unless expressly authorized by written amendment to this Agreement. The
estimated fees for subsequent terms are:
Yearended July 31, Estimated Fees
2006 $128,000
2007 $132,000
2008 $136,000
2009 $140,000
Progress payments shall be made on the bas~s of hours of work completed during the course of the
engagement and out-of-pocket expenses incurred in accordance with the Contractor's proposal.
Interim billing shall cover a period of not less than a calendar month.
VI. TERMINATION OF CONTRACT.
The City may, at any time, with or without cause, terminate this Contract upon thirty days written
notice to the Contractor at 555 N. Carancahua, Suite 1000, Corpus Christi, Texas 78478-0052.
VII. APPROPRIATION OF FUNDS.
All parties recognize that the continuation of any contract after the close of any fiscal year of City,
which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget
approval providing for covenng such contract item as an expenditure in said budget. City does not
represent that the budget item will be actually adopted, said determination being within the sole
discretion of the City Council at the time of adoption of such budget.
VIII. ASSIGNABILITY.
The Contractor shall not assign, transfer, or delegate any of his obligations or duties in this Contract
to any other person without the prior written consent of the City, except for routine duties delegated
to field assistants and clerical helpers. The performance of this Agreement by Contractor is the
essence of this Agreement and City's right to withhold consent to such assigmnent shall be within
the sole discretion of thc City on any grounds whatsoever.
IX. INDEPENDENT CONTRACTOR.
Contractor shall perform all professional services as an independent contractor and shall furnish
such services in its own manner and method, and under no circumstances or conditions shall an
agent, servant, or employee of the Contractor be considered an employee of the City.
X. SUBCONTRACTORS.
Contractor may use subcontractors in connection with the work performed under this Agreement.
When using subcontractors, however, Contractor must obtain prior written approval from the City.
In using subcontractors, Contractor agrees to be responsible for all their acts and omissions to the
same extent as if the subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement shall be applicable to all subcontractors and their
employees to the same extent as if the Contractor and its employees had performed the services.
XI. VENUE AND APPLICABLE LAW.
This Agreement shall be subject to all Federal, State and local laws. All duties of the parties shall
be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising
out of this Agreement shall be the law of Texas and such forum and venue for such disputes shall be
the appropriate district, county, or justice court in and for Nueces County, Texas.
XII. INDEMNIFICATION.
Contractor agrees to indemnify and save harmless City, its agents, servants, and employees from
any and all liabilities, losses, damages, or expenses, including attorney's fees resulting from
Contractor's negligence or willful acts or omissions while in performance of this Agreement.
XIII. INSURANCE.
Contractor agrees to provide insurance in accordance with the Exhibit "D".
XIV. NO WAIVER.
No waiver of any covenant or condition, or the breach of any covenant or condition of this
Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the
Agreement.
XV. 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.
XVI. RELATIONSHIP OF PARTIES.
In performing this Agreement, both the City and Contractor shall act in an individual capacity, and
not as agents, representatives, employees, employers, partners, j oint-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.
XVII. CAPTIONS.
Thc 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 amphfy the terms and provisions of this Agreement,
XVIII. SEVERABILITY.
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, pkrase, or word of
this Agreement be given full force and effect for its purpose 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, ~nvalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable, will be added to this Agreement automatically.
1XX. NOTICES.
Notices provided shall be in writing and delivered to:
On behalf of the City:
City of Corpus Christi
Director of Financial Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
On behalf of the
Contractor:
Collier, Johnson & Woods
555 N. Carancahua, Suite 1000
Corpus Christi, Texas 78478-0052
XX. SOLE AGREEMENT.
This Agreement constitutes the sole agrcemcnt between the City and Contractor. Any prior
agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in
this Agreement, are of no force and effect.
EXECUTED IN DUPLICATE, each of which shall be considered an original, this
,2005.
day of
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED THIS ~'1 DAY OF
By: ~/~z /~2,
Assistant Ci~_.9~ttorney
For City Attorney
George K. Noe
City Manager
,2005
CONTRACTOR:
_'ard
Title: ~l~a~r ..3n.~ [~w' -
Date:
Attachments:
Exhibit "A,' City of Corpus Chxisti Request for Proposal
Exhibit "B,' Collier, Johnson & Woods, Proposal
Exhibit "C," Collier, Johnson & Woods, Engagement Letter
Exhibit "D," Insurance Requirements
EXItlBIT "D"
INSURANCE REOUIREMENTS
1. AUDITOR' S INSURANCE
A
Auditor must not commence work under this agreement until all insurance required
herein have been obtained and the City has approved such insurance. Auditor must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
Auditor must finnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's
Risk Manager. The City must be named as an additional insured for the General and
Automobile liability policies and a blanket waiver of subrogation is required on all
applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of non-renewal,
termination or material change and 10 day
written notice of cancellation is required on all
certificates
Bodily Injury and Property Damage
Per occurrence aggregate
COMMERCIAL GENERAl. LIABILITY
including:
1. Commercial Forrn
2. Premises - Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT
1. OWNED, NON-OWNED AND RENTED
WORKERS COMPENSATION
EMPLOYERS LIABILITY
PROFESSIONAL LIABILITY including:
Coverage provided must covcr officers, directors,
employees and agents
1. ERRORS and OMISSIONS
Which complies with the Texas Workers'
Compensation Act and Section II of this exhibit
$500,000/$500,000/$500,000
$I,000,000 COMBINED SINGLE LIMIT
C. In the event of accidents of any kind, Auditor must furnish the Risk Manager with copies of
all reports of such accidents within 10 days of any accident.
I1.
ADDITIONAL REQUIREMENTS
Auditor must obtain workers' compensation coverage through a licensed insurance company
obtained in accordance with Texas law The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligation
incurred by the Auditor will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General
Liability policies and a blanket waiver of subrogation is required on all applicable
policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording
after "left". In the alternative, verification of endorsement to the applicable policy is
acceptable
c. The name of the project must be listed under "Description of Operations"
d. At a minimum, a 30-day written notice of non-renewal termination or material
change and a 10-day written notice of cancellation is required.
C. If the Certificate of Insurance does not show on its face the existence of the coverage
required by items 1.B (I)-(4), an authorized representative of the insurance company must
include a letter specifically stating whether items I.B. (1)-(4) are included or excluded.
16
AGENDA MEMORANDUM
AGENDA ITEM:
June 14, 2005
Motion authorizing the City Manager to execute a Deferment Agreement with
Gotcher Construction Inc., (Developer), in the amount of $31,861.28 for the
installation of an 8-inch sanitary sewer line to serve Bent Tree Unit 2, Lots 9A
and 10A, Block 6 subdivision located west of Airline Road and north of
Saratoga Boulevard, in accordance with the Platting Ordinance Section V-
Required Improvements, Subsection A.3. (b).
ISSUE:, Gotcher Construction Inc., developer of Bent Tree Unit 2, Lots 9A and 10A, Block
6 submitted Deferment Agreement documentation to defer the construction of 618 linear
feet of an 8-inch, on-site, sanitary sewer line, public improvements to serve Bent Tree Unit
2, Lots 9A and 10A, Block 6 in accordance with the Platting Ordinance Section V-Required
improvements, Subsection A.3 (b).
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a
Deferment Agreement with Gotcher Construction Inc., (Developer).
CONDITION: Developer must post a letter of credit or equally liquid negotiable security
with the City in the amount of 1 10% of the cost of the project, and comply with all other
requirements of the Deferment Agreement.
RECOMMENDATION: Staff recommends approval of the motion as presented.
B~.I.C.P.
Director Development Services
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Sanitary Sewer Site Plan
Cost Estimates
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The platting and development time schedule of Bent Tree Unit 2, Lots 9A
and 10A subdivision located west of Airline Road north of Saratoga Boulevard, required the
construction of 618 linear feet of 8-inch, on-site, public sanitary sewer line.
Mr. Murray F. Hudson P.E. with Urban Engineering on behalf of Gotcher Construction Inc.,
developer of Bent Tree Unit 2, Lots 9A and 10A submitted Deferment Agreement
documentation to defer the construction of 618 linear feet of an 8-inch sanitary sewer line
in accordance with the Platting Ordinance Section V-Required Improvements, Subsection
A.3. (b). The Planning Commission at its June 1, 2005 meeting recommended the
execution of the Deferment Agreement and found reasonable cause to defer the
construction of said 8-inch public sanitary sewer line to expedite the recordation of the plat.
The Planning Commission on its May 4, 2005 meeting approved the plat for Bent Tree
Unit 2, Lots 9A and 10A subdivision.
A deferment agreement, (Exhibit D) between the City of Corpus Christi and Gotcher
Construction Inc., will aIIow the developer to defer the construction of required
improvements for a period of one (1) year from the date the Deferment Agreement is
signed and approved. The deferment of said improvements will allow the Developer to
expedite the recording of the plat and obtain Building Permits to develop Bent Tree Unit 2,
Lots 9A and 10A subdivision.
The developer has agreed to submit a $31,861.28 letter of credit to the City of Corpus
Christi, amount which represents 110% of the estimated cost of constructing the required
improvements (Exhibit C), in compliance with the Platting Ordinance Section V- Required
Improvements, Subsection A.3. (b). (1).
Construction plans for the installation of the public improvements will be reviewed and
approved by the City prior the execution of the Deferment agreement.
RECOMMENDATION: Staff recommends approval of the motion as presented.
EXHIBIT A
V~aLter Jarnh LOCATION LOCATION MAP/1).Fd[
Cinnamon Oc
] C~I - /ils L~ Lyon~
:rooked ~ ~ ~/a~ Birmi~ham ~
, ~ ~_.t Wooldridge ~
= ~ '~
> 5 ~ Ourant ~icBoL x
~ ~ Man,fi,
Raven H~I -- ~ ~ ~ ~ m
Sarat~a 15oulevard
o ~
~ Cl~irfiel~ D~nin
SANITARY SEWER DEFERMENT EXHIBIT
LOTS 9A & 10A, BLOCK 15 BENT TREE UNIT
May 20, 2005 MrH/crr J LOCATION 1,4API a~ No. ~oolz.oo.oo
EXHII
May 20, 2005
EXISTING 8-INCH
S_ANITARY SEWER
~,iANHOLE
LINE
21~"~' ~ ~. ~ ~ LOT 7A ~ ~ -
~' I - I / 7.279 ACRES ' ~.~ :
~ ~ ~ 3,7,o9o.8~osr ~
i~ SANITARY SEWERw LINE
~ PROPOSED MANHOLE
:,.~/
SAlArY ~ D~~ EX~ s~
LOT8 gA & ~ ~ ~ ~ ~ ~ 2 ~ of 3
MFH/crr ~ P~N VIEW ~ Job No. 40012.00.00~
EXHIBIT
Eng: Murray F. Hudson, P.E. May 20. 2005
By: C.R.R. Job No. 40012.00.00
DEFERMENT COST ESTIMATE
FOR
SANITARY SL=WER IMPROVEMENTS TO
LOTS 9A and 10A BENT TREE UNIT 2
ITEM DESCRIPTION
A. SANITARY SEWER IMPROVEMENT~:
~" PVC SDR 2e (e'-e' cu~)
2 8" Pvc SDR 26 (8'-10' Cut)
3 Class 'D' Embedmeflt
4 OSHA Trench Protection
5 4' Diameter Manhole (6'-8' Deep)
Tie to Ext~lng Manhole
7 Lot Service Tap
QUAN. QUAN. + UNIT UNIT TOTAL
8% PRICE COST
435 457 LF $24.00
183 192 LF $27.00
618 649 LF $7.00
618 649 LF $1.00
2 2 EA $2,200.00
2 2 EA $350.00
SANITARY SEWER SUB-TOTAL:
B. ENGINEERING:
Engineering ~{~ 7.5%
ENGINEERING SUB-TOTAL:
I I
/
I I
110% OF CONSTRUCTION AND ENGINEERING PER ORDINANCE REQUIREMENTS:
$10,g68.00
$5,164.00
$4,543_00
$649.00
$2.020.60
$2.,020.e0
$28,~64.80
$31,~.1.26
Urban Engineering
2725 Swantner
Corpus ChrletJ, T'X 78404
1-361-854-3101
!EXHIBIT D
DEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus Christi ("City") and Gotcher Construction
Inc., ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of
Bent Tree Unit 2, Lots 9A and 10A, Block 6 which was approved by Planning Commission on May 23,
2005 a copy of the plat is attached and incorporated as Exhibit 1.
WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the
Platting Ordinance to construct seventy-five percent (75%) of the required on-site, public
improvements, including construction of a sanitary sewer line, Exhibit 2, before the final plat is signed
by the City's Director of Engineering. Detail construction drawings will be provided by the Developer
and approved by the City's Departments of Development Services and Engineering prior to the start
of construction; and
WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of
Nueces County, Texas, before completion of seventy-rive percent (75%) of the required
improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance;
and
WHEREAS, the Developer has submitted a letter of credit to the City of Corpus Chdsti in the amount
of thirty one thousand, eight hundred sixty one and twenty eight cents, ($31,861.28) which is 110% of
the estimated cost of constructing the required improvements, as shown on the attached costs
estimate, which is attached and incorporated as Exhibit "3", with the City of Corpus Christi; and
WHEREAS, the City Attorney and Director of Finance have approved this transaction; and
WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park
dedication deferment agreements, and maintenance agreements and all special covenants have
been completed; and
WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V,
Paragraph A, Subparagraph 3.(6) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
The City agrees to waive the requirement that required improvements be seventy-five percent
(75%) completed before the final plat is endorsed by the City's Director of Engineering and
further agrees to allow the Developer to defer the completion of the construction of the on-site
sanitary sewer line, for up to twelve (12) months from the date this Deferment Agreement is
signed and approved.
2. The Developer has agree to submit thirty one thousand, eight hundred sixty one and twenty
eight cents, ($31,861.28), in the form of a letter of credit to the City of Corpus Christi, which is
110% or the estimated cost of constructing the required improvements, on or before the plat is
I~led with the County Clerk, and if the deposit is not made by that time this Agreement shall
DeferAgree.doc
EXHIBIT
become null and void. The City's Director of Financial Services must approve the form of the
letter of credit.
The Developer agrees to construct the required improvements, including construction of the
sanitary sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6 in accordance with the
City's engineering standards in effect at the time of construction.
LETTER OF CREDIT OPTION
The Developer agrees to submit a thirty one thousand, eight hundred sixty one and twenty
eight cents, ($31,861.28) deposit, in the form of an irrevocable letter of credit issued by Bank
One, for 110% of the estimated cost of constructing the required improvements, as shown in
Exhibit "C", which is attached to and incorporated into this agreement, with the City of Corpus
Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that
time this Agreement shall become null and void.
The principal amount of, shall be placed by the City in an interest-bearing account and the total
sum, both principal and interest, shall be made available to the Developer in such amounts
and on such dates as may be mutually agreed upon by both parties, by and through their
designated representatives, for use by the Developer solely for the construction of the required
improvements hereunder. Such funds shall not be used for any other purpose whatsoever.
Upon completion of the deferred improvements, including the consb'-uction of the sanitary
sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6, by June 14, 2006, or such
later time as may be mutually agreed upon by both parties, and upon acceptance of the
Project by the City Engineer and upon compliance by the Developer with the terms of the
Deferment Agreement, the City Engineer shall immediately release Developer from all
obligations hereunder, by mailing such Release Letter to:
Mr. Danny Gotcher
225 Canyon Creek Road
Fredicksburg, Texas 78624
and thereafter refund to the Developer within sixty (60) days of the completion of construction
and settlement of construction contracts, any balance remaining of all monies received by the
City from the Developer, including interest earned.
7. If the deferred improvements, have not been completed by June 14, 2006, or if the Developer
fails to deposit any increase security as set out below, after notice to the Developer and
opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance of the
amounts received, including any interest earned, to the appropriate City fund and the City will
then begin completion of the deferred improvements, including construction of the sanitary
sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6 with any monies received from
the Developer, both principal and interest, remaining after completion of construction being
refunded by the City to the Developer. If City constructs all or any part of the improvements,
the Developer agrees to reimburse the City for any additional cost of the improvements, if the
sum of money and interest prove inadequate to complete the improvements, within thirty (30)
days after City completes the improvements and bills the Developer.
DeferAgree.doc
10.
11.
12.
13.
14.
15.
16.
The City and Developer agree that if the Developer formally vacates the current plat, with
approval of the Planning Commission, prior to the deadline for the completion of the
construction of the deferred improvements, including construction of the sanitary sewer line the
money received by the City from the Developer, remaining on deposit, plus interest earned, will
be released and immediately returned to the Developer.
If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the
City Engineer will send DeveLoper and the Project Engineer written notice by certified mail,
return receipt requested, advising Developer of the default and giving Developer thirty (30)
days from date of receipt of the letter to cure the default. If the Developer fails to cure the
default after such notice and opportunity to cure, the City Engineer will exercise the City's
dghts and transfer any monies received and interest earned to the appropriate fund of the City
to complete the deferred improvements. In the event there are any monies received by the
City from the Developer, plus interest earned, remaining after the City has completed
construction of the improvements, the excess monies, both principal and interest, shall be
refunded to Developer within sixty (60) days of the completion of construction and settlement
of construction contracts.
The Developer agrees that the City, after notice in writing to the Developer and Project
Engineer, may accelerate payment or performance or require additional security when the City
Engineer determines that the prospect of payment or performance is questionable.
The Developer covenants to construct the required improvements, and that such covenant
shall be a covenant running with the land.
The City's Director of Engineering Services, at Developer's expense, shall file of record this
Deferment Agreement in the records of Nueces County.
No party may assign this Deferment Agreement or any rights hereunder with the prior wdtten
approval of the other parties.
Unless otherwise stated herein, any notice required or permitted to be given hereunder shall
be in wdting and may be given by personal delivery, by fax, or by certified mail, and if given
personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the
appropriate party at the address noted opposite the signature of such party. Any party may, by
notice to the other in accord with the provisions of this paragraph, specify a different address
or addressee for notice purposes.
This Agreement shall be construed under and in accord with the laws of the State of Texas
and all obligations of the parties created hereunder are performable in Nueces County, Texas,
and all lawsuils pursuant hereto shall be brought in Nueces County.
The Developer further agrees, in compliance with the City of Corpus Chdsti Ordinance No.
17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form
attached hereto (Exhibit 4).
DeferAgree.doc
17.
This Agreement shall be executed in triplicate, all original copies of which shall be considered
one instrument. When all original copies have been executed by the City, and at least two
original copies have been executed by the Developer, this Agreement shall become effective
and binding upon and shall inure to the benefits of the parties and their respective heirs,
successors and assigns.
EXECUTED in triplicate this ¢ day of -~J ~ ~:
,2005.
Mr. Danny Gotcher
225 Canyon Creek Road
burg, Texas 78624
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the __
Danny Gotcher.
~'~day of J
,2005, by
NOTARY PUBLIC, STATE OF TEXAS
DeferAgree.doc
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
A%I-EST:
By:
ARMANDO CHAPA,
City Secretary
By:
George K. Noe
City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the __ day of ,2005, by
George K. Noe, City Manager for the City of Corpus Christi. a Texas municipal corporation, on behalf
of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This ~ day of ...J,.... ¢ ,2005.
By:
Joseph ~arney 0
Assistant City Attorney
For City Attorney
Jill
11
il,
]
EXHIBIT 1
[~ t . ~, EXISTING8-INCIt
u~' 2 · - J~ ~: SANITARY SEWERW LINE
'~ m~'- ~ EXISTING MANItOLE
LOT 7A
7.279 ACRES
317,090.810SF
-~-T 'F-~--
_ PROPOSED MANHOLE
~ ~ L~ ,~ ~ ~ · ·
2.512,4cre~
$^NIT^RY 8EWER DEFERMENT EXHIBIT
LOTS 9A & 'IOA, BLOCK 6 BENT ~ ~ 2
~ Moy 20, 2005 MFH/crr I PLAN VIEW I Job No.
Sheet
1 of 3
40012.00.00
EXHIBIT 2
Er~: Murray F. Hudson, P.E. Ma), 20, 2005
By: C.R.R. Job No. 40012.00.00
DEFERMENT COST ESTIMATE
FOR
SANITARY SEWER IMPROVEMENTS TO
LOTS 9A and IOA BENT TREE UNIT 2
ITEM DESCRIPTION
A. SANITARY 8EW1;R IMPROVEMENTS: 1 8" PVC SDR 26 (6'-8' Cut)
2 8" PVC SDR 26 (8'-10' Cut)
3 Class 'D' Embedment
4 OSHA Trench Protection
5 4' Diameter Manhole (6'-8' Deep)
6 'Re to F_xJotlng Manhole
7 Lot Service Tap
QUAN. QUAN. + UNIT UNIT TOTAL
$% PRICE CO~T
4:35 457 t.F $24.00 $10,g6~.00
183 Ig2 LF $27.00 $5,184.00
618 649 LF $7.00 $4,545.00
618 649 LF $1.00 $~49.00
2 2 EA $2,200.00 $4,400.00
2 2 EA $350.00 $700.00
SANITARY 8EWER SUB-TOTAL: $26,~44.00
B. ENGINEERING:
Engineering ~ 7.5%
$2,020.50
ENGINEERING SUB-TOTAl.:
CONSTRUCTIO. A.D E.GINEERING TOTAL:
110% OF CONSTRUCTION AND ENGINEERING PER ORDINANCE REQUIREMENTS:
S2,020.80
$28,964.80
$31,861.28
Urban Engineering
2725 Swarrtner
Corpus Christi, TX 78404
1-361--654-3101
EXHIBIT 3
'"' CITY OF CORPUS CHRISTI
~ DISCLOSURE OF INTERESTS
City of Corpus Chhsti ordinance 17112, as amended, requires all p~rsons or firms seeking to do business with the City to
provide the i'o~lowing information. Every question must be answered. Ii' the question is not applicable, answer with "NA'.
FIRST NAME: Gotcher Construction Inc.
STREET: 225 Canyon Creek Road CI~Y: Freddcksburg ZIP: 78624
FIRM IS: I%]1. Corp(~-adon El2. Padnership [~3. Sole Owner El4. Association El5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use [he reverse side ct' this page or attach separate sheet.
State the names oi' each "employee" ct the City oi' Corpus Chdsti having an "ownership interest" constituting 3%
or more ct the ownership in the above named "l~rm",
Name Job Title and City Depadment (it known)
N/A
2
Slate the names or each "official" ct' the City of Corpus Christi having an "ownership interest" constituting 3% or
more ct' the ownership in the above named ~firm"
Name Title
N/A
3
State the names ct' each "board member" of the City of Corpus Chdsti having an "ownership interest" constituting
3% or more of [he ownership in the above named "firm',
Name Board, Commission, or Committee
N/A
State the names of each employee or officer of a "consultant" faf the City of Corpus Chdsti who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named "firm"
Name Consultant
N/A
CERTIFICATE
I certify that all information provided is true and correct as ct' the date ct' this statement, that I have not knowingly withheld
disclosure ct' any ini'ormation requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas~/anges oco~ / /
(Typ~ or Pdnt~ ~/ / /~q //~__ Title: ,.
Signatu re °~ Ce difying Pe rs°n: ~'~ i~/~/ Date:
EXHIBIT 4
'17
CITY COUNCIL
AGENDA MEMORANDUM
June 14, 2005
AGENDA ITEM:
Ordinance abandoning and vacating a portion of a 20-foot wide (143.76-square feet) utility
easement out of Lot 12, Block 2, The Vineyards Unit lA, located east of Airline Road and south of
Saratoga Boulevard; requiring the owner, Rigoberto Lopez, to comply with the specified conditions;
and declaring an emergency.
ISSUE: City Charter requires City Council approval to abandon and vacate any portion of an
easement
REQUIRED COUNCIL ACTION: City Charter requires City Council approval to abandon and
vacate an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publicaUon of the ordinance, all
grants of easement closures must be recorded in the real property Map Records of Nueces County,
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. These requirements are in compliance with Ordinance No. 025816,
approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency
basis.
B.A. Holly, ~ICP
Director of Development Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Background information
Ordinances
Location Map
Site Map
Hold Harmless Agreement and Covenant
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OFCLOSUREAND BACKGROUND:
Urban Engineering, on behalf of Airy Enterprises, Inc. (Developer) and Rigoberto Lopez
(Owner), is requesting the abandonment and vacation of a 143.76-square foot portion of a
20-foot wide utility easement in Lot 12, Block 2, The Vineyards Unit lA, located east of
Airline Road and south of Saratoga Boulevard, in order to correct an encroachment into the
easement when the house was built. The easement to be abandoned and vacated is
located in an "R-1 B" one-family dwelling distdct
The encroachment of the southwest corner of the house into the easement is
approximately 8-feet away from an existing sanitary sewer line that is located between the
two manholes within the 20-foot wide utility easement.
All public and franchised utilities were contacted. City Wastewater Department has an
existing 10-inch sanitary sewer line, approximately, 19-feet deep in the easement that is
approximately 8-feet from one of the comers of the house. The Wastewater Department is
asking for indemnification against any damage to the house, if and when any future
maintenance repairs are needed to the sanitary sewer line. None of the other city
departments and franchised utility companies had objections or facilities within the portion
of utility easement to be abandoned.
Staff recommends payment of the fair market value of ~235 for the abandonment and
vacation of a 143.76-square foot portion of the 20-foot wide utility easement. The owner
has been advised of and concurs with the conditions of the easement abandonment and
vacation.
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: June 3, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: June 14, 2005
ORDINANCE CAPTION:
Ordinance abandoning and vacating a podion of a 20-foot wide (143.76-square [eet) utility easement out or Lot 12,
Block 2, The Vineyards Unit lA, located east of Airline Road and south of Saratoga Boulevard; requiring the owner,
Rigobedo Lopez, to comply with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 58, Page 164, of the Map Records or Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) That the Owner pay the fair market value fee of $235 forthe abandonmentandvacationofthe
total 143.76-square foot podion ol~ the 20-foot wide utility easement.
2) Owner must comply with all of the conditions as set fodh in the Hold Harmless Agreement and
Covenant.
3) Maintain the easement area (approximateLy 60-feet) between the two manholes in the 20-foot
utility easement free or any permanent structures that could prohibit access and maneuverability
over the easement area to maintain, repair, or replace the sanitary sewer line.
4) Upon approval from Council and issuance o¢ the ordinance, all grants of easement closures must
be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in
which the property is located. Pdor to Building Permit approval of construction, an up-to, ate
survey, absLracled i~or all easements and items of record, must be submitted to the Director
Development Services.
REQUESTED BY:
B.A. Holly, AI~P, Director o[ Development Services
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A PORTION OF A 20-FOOT WIDE
(143.76 SQUARE FEET) UTILITY EASEMENT OUT OF LOT 12, BLOCK
2, THE VINEYARDS UNIT lA, LOCATED EAST OF AIRLINE ROAD
AND SOUTH OF SARATOGA BOULEVARD; REQUIRING THE
OWNER, RIGOBERTO LOPEZ, TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is 143.76-square foot portion of a 20-foot wide utility easement in Lot
12, Block 2, The Vineyards Unit lA, located east of Airline Road and south of Saratoga
Boulevard, as recorded in Volume 58, Page 164, Map Records Nueces County, Texas,
that the owner, Rigoberto Lopez, (Owner), wishes to have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement [or all
purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 143.76-square foot portion of a 20-foot wide utility easement in
Lot 12, Block 2, The Vineyards Unit lA, as recorded in Volume 58, Page 164, Map
Records Nueces County, Texas is abandoned and vacated for public use as utility
easement, subject to Owner's compliance with the following specified conditions as part
of the abandonment and vacation:
1) That the Owner pay the fair market value fee of $235.00 for the abandonment and
vacation of the total 143.76-square foot portion of the 20-foot wide utility easement.
2) Owner must comply with all of the conditions as set forth in the Hold Harmless
Agreement and Covenant.
3) Owner must maintain the easement area (approximately 60-feet) between the
two manholes in the 20-foot utility easement free of any permanent structures that could
prohibit access and maneuverability over the easement area to maintain, repair, or
replace the sanitary sewer line.
4) Upon approval from Council and issuance of the ordinance, all grants of
easement closures must be recorded at owner's expense in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior 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:\LEG-DIRLIoseph\ORD -Vineyards-ay.doc
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 14th day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved '..i ~, ,--,-~ ~1 ,2005
Joseph ey
Assistant City Attorney
For City Attorney
HSLEG-DlRXJoseph\ORD-Vineyards-av.doc
Corpus Christi, Texas
day of ,2005
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: 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,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerw Garcia
Bill Kelly
Rex A. Kinnison
John E, Marez
Jesse Noyola
Mark Scott
H:\LEG-DlR~Joseph\ORD-Vineyards-av.doc
The Vineyards Unit IA
LOCATION MAP
EXHIBIT C
EXHIBIT D
Page 1 of 2
EXHIBIT D
Page 2 of 2
HOLD HARMLESS AGREEMENTANDCOVENANT
STATE OFTEXAS*
COUNTY OFNUECES*
Whereas, the property improvements located at 3225 Sonoma Drive, Corpus
Chdsti, Nueces County, Texas, 78414, also known as Lot 12, Block 2, The
Vineyards Subdivision Unit lA. are encroaching into a City of Corpus Christi
(City) utility easement, as shown in the attached Exhibit A; and
Whereas, in consideration of the City abandoning and vacating said portion of
the utility easement, I, Rigoberto Lopez, (Owner) agree to hold harmless the City
for any damage that may occur to my improvements at 3225 Sonorna as a result
of any future utility work in the easement;
Therefore, I, Rigoberto Lopez, as owner of the real property and improvements
located at 3225 Sonoma Ddve, Corpus Christi, Nueces County, Texas, 78414,
also known as Lot 12, Block 2, The Vineyards Subdivision Unit lA (Property), a
map of which is recorded in Volume 58, Page 164, Map Records, Nueces
County. Texas, agree to forever bind myseff, the Prof:~erty, and subsequent
owners and assigns with the following covenant:
OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES,
AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILI'I'Y.
DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE
WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING,
WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION
AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND
WHATSOEVER, 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 THE CONSTRUCTION. INSTALLATION,
EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION,
OR REMOVAL OF UTILITIES WITHIN THE EASEMENTS ABUTI'ING THE
PROPERTY AND IMPROVEMENTS LOCATED AT 3225 SONOMA DRIVE,
ALSO KNOWN AS LOT 12, BLOCK 2, THE VINEYARDS SUBDIVISION UNIT
IA, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE
OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF
THEM.
This agreement shall be construed in accordance with the laws of the State of
Texas. If any portion of this instrument is held invalid, the balance shall continue
in full force and effect.
~ of 2 EXHIBIT E
This agreement is a covenant running with the land and shall be recorded in the
Official Public Records of Nueces County, Texas.
~
Owner of Lot 12, Block 2,
The Vineyards Subdivision, Unit lA
THE STATE OF TEXAS *
COUNTY OF NUECES *
was acknowledged before me on(-- (~/2~_- '1~) ,
This
instrument
2005
by Rigoberto Lopez as owner of the property known as Lot 12, Block 2,
Vineyards Subdivision, Unit lA, physical/a
Christi, Texas 78414.
Notary~
dress being 3225 Sonoma, Corpus
ublic in and {~/r the State of Texas
(Seal)
2 of 2 EXHIBIT E
18
AGENDA MEMORANDUM
PUBLIC IIEARING - ZONING (City Council Action Date: 6/14/05)
Case No. 0405-01- JIMREC: A change of zoning from "R-lB" One-family Dwelling District on
Tracts 1 and 2 and "A-I" Apartment House District on Tracts 3, 4 and 5 to "B-I" Neighborhood
Business District on Tracts 1 and 3, "AB" Professional Office Distr/ct on Tracts 2 and 4, and "B-4"
General Business District on Tract 5. The properD' is 23.9l acres being out of Lots 1, 2, 15 and 16,
Section 10 in the Flour Bluff and Encinal Farm and Garden Tracts, loc ated along the east side of South
Staples Street and north of Yorktow'n Boulevard.
Planning Commission R~ommendation (4/20/05'):
· Tractsl and 3: Approval of "B-l" Neighborhood Business District.
· Tracts 2 and 4: Approval of "AB" Professional Office District.
· Tract 5: Denial of "B-4" General Business District and, in lieu of, approval of a "B-I"
Neighborhood Business District on the western 350 feet of Tract 5 and the remaining portion
of Tract 5 be zoned "AB" Professional Office District.
Staff Recommendation (4/20/05}:
· Tracts 1 and 3: Denial of"B-l" Neighborhood Business District and, in lieu of, approval of
"AB" Professional Office Dislrict zoning.
· Tracts 2 and 4: Approval of"AB" Professional Office District.
· Tract 5: Denial of"B-4" General Business Dis~ict and, in lieu of, approval of"AB" Professional
Office District.
Requested Council Action (as recommended by the Planning Commission):
· Tracts 1 and 3: Approval of"B-l" Neighborhood Business District.
· Tracts 2 and 4: Approval of"AB" Professional Office District.
· Tract 5: Denial of"BM" General Business Dislzict and, in lieu of, approval of"B-l"
Neighborhood Business District on the western 350 feet of Tract 5 and the remaining portion
of Tract 5 be zoned "AB" Professional Office District.
Puroose of Recluest: Business and professional office uses.
Note: Trip I~eneratlon rates for Tracts I - 4 were based on the applicant's conceptual site plan (See
attached site plan in Zoniml Reportl:
Tracts 1 and 3 are proposed for "B-I" Neighborhood Business District and consist of a total ora tohal
of 7.808 acres. Conunercial development typically generates 40.67 average daily vehicle trips per
1,000 feet of gross floor area. Neighborhood commercial development of 55,200 square feet on
Tracts 1 and 2 would generate approximately 2,245 average daily trips. Access is prov/ded along
South Staples Street, an urban arterial which i s improved to its ultimate planned capacity of four
travel lanes and a continuous center turn lane. The "B-I" District offers a broad range of uses
including restaurants, retail and personal service uses.
A~¢ndz Memorandum
0405~)i (.IIM REC)
Tracts 2 and 4 are proposed for "AB" Professional Office District and consist of 12.071 acres.
Professional office development lypically generates 1 l average daily trips per 1,000 square feet of
gross floor area. The proposed 137,116 square feet of professional office development would
generate an additional 1,508 average daily trips on South Staples Street.
Tract-5 is proposed for "B-4" General Business District and consists of 4.035 acres. If the tract were
developed with 48,000 square feet of commercial development an additional 1,952 average daily trips
would be generated on South Staples S~eet.
All of the future development on the subject properties would have primary access onto South Staples
Street and would generate an additional 5,700 average daily trips on South Staples Street. The 2001
traffic count on South Staples Street at this location was 20,510 Average Daily Trips. If the 5,700
A.D.T. w ere added, t he total o f 2 6,210 A .D.T. would b e more t hah t he design capacity o f South
Staples Street with a Level of Service C (24,000 A.D.T. per the City's Transportation Plan). If other
vacant and commercially zoned properties along South Staples Street were added to the total, the
level of service of the roadway would be significantly diminished.
Department's Comments: The Department recommends that all the subject tracta be zoned "AB"
Professional Office District to provide development which would generate significantly less traffic per
acre than the requested commercial development and would be much more conducive to mitigating eaffic
congestion on South Staples Street. Future development of the abutting large vacant "B4" General
Conu-nercial District tracts to the north towards Lipes Boulevard and to the south towards Yorktown
Boulevard will generate more traffic and result in significantly more traffic congestion on South Staples
Street. An "AB" Professional Office District on the subject tracts provides a wide range of uses including
professional offices, multi-family residential uses, medical clinics, childca.re centers, hair salons, and
studios. In the long term, South Staples Street ~vill provide the primary linkage to the vast areas of
existing and future development south of Oso Creek. Traffic congestion on South Staples Street will,
accordingly, be adversely impacted thus discouraging strip commercial development along this important
corridor is of critical importance.
Applicant's Position: The applicant concurs with Planning Commission's recommendation.
Notification: Of the 27 notices mailed to the surrounding property owners, none were returned in favor
and one was returned from outside the notice area indicating that the Barclay Grove Neighborhood
Association was opposed to apartments. The 20% rule is not invoked. This case is considered
con troversifll. ,~ ~
Michael N. Gunning, AICP ]
Assistant Director of Development Services/
/
MG/FGM/gp
Attachments:
1) Zoning Report
2) Zoning Maps
3) Planning Corranission Minutes
4) Ordinance
HSP[ N-D IR~S HAKED\GaiI\WOKD',AG EN DM EMX~ 005hMay\04054)1.2AGENDAMEMO doc
CI'TY COUNCZL
ZONZNG REPORT
Case No.: 0405-01
CiD' Council Hearing Date: June 14, 2005
Applicant: JIMREC
Owner: Same as applicant
Agent: Urban Engineering - Chuck Urban
Legal Description/Location: 23.91 acres out of Lots 1, 2, 15 and 16, Section 10 in the Flour Bluffand
Encinal Farm and Garden Tracts, located along the east side of South Staples Street and north of Yorktown
Boulevard.
From:
To:
Tract 1-"R-lB" One-family Dwelling District
Tract 2- "R-lB" One-family Dwelling District
Tract 3- "A-I" Apartment House District
Tract 4- "A-I' Apartment House District
Tract 5- "A-I" Apartment House District
Tract 1- "B-I" Neighborhood Business District
Tract 2-"AB" Professional Office District
Tract 3-"B-1 Neighborhood Business District
Tract 4- "AB" Professional Office District
Tract 5-"B-4" General Business District
Tract 1- 5.972 acres
Tract 2- 9.233 acres
Tract 3- 1.836 acres
Tract 4- 2.838 acres
Tract 5- 4.035 acres
Total acres -- 23.91 acres
Tract 1- Neighborhood Business Zoning
Tract 2- Professional Office Zoning
Tract 3- Neighborhood Business Zoning
Tract 4- Professional Office Zoning
Tract 5- General Bush~ess Zoning
Zomng Report
Case No. 0405-01 (JIMREC)
Page 2
Zoning Existing Land Use
Site "A-1" Apartment Low Density
House District and Residential
"R-lB" One-family Dwelling and
Dwelling District undeveloped
farmland
North "B4" General Single-family
Business Dislrict and Residential and
"R-lB" One-family undeveloped land
Dwelling District
South "B4" General Undeveloped land
Business District
"A-I"
East Apartment Undeveloped land
House District and
"R-lB" One-family
Dwelling District
West "B-l"Neighborhood Single-family
Commercial, "B--4" Residential,
General Business, undeveloped land,
"FR" Farm Rural General
District and "R-lB" Commercial, and
One-family Medium Density
Dwelling District Residential
Future Land Use
Medium Density Residential and Low Density
Residential
General Commercial and Low-Density Residential
General Commercial
Medium Density Residential and Low Density
Residential
General Business, Low Density Residential and
Medium Density Residential
Area Development Plan: Southside- 'Ire future land use map supports medium4ensity residential on the
western ~/4 of the subject property, and medium-density residential and single-family residential on the eastern
¼ of the subject property.
Map No.: 044032, 045032
Zoning Violations: None
Change of zoning:
Tract 1-From "R-lB" One-fa~nily Dwelling District to "B-I" Neighborhood Business District
Tract 2- From "R-1B" One-family Dwelling District to "AB" Professional Office Distr/ct
Tract 3- From "A-I" Apartment House District to "B-I" Neighborhood Business District
Tract 4-From "A-I" Apartment Ilousc District to "AB" Profcssional Office District
Tract 5-Frown "A-1' Apartment House District to "B-.4" General Business District
H :~P I N-D IRXS HA RED\GaiI\WO RDLZONrRPTS ~ 005~April\0405 _01CCRcportREV doc
Zoning Report
Case No. 0405-01 (IIMREC)
Page 3
Tracts-1 and 3 are proposed for "B-i" Neighborhood Business District and consists of a total of 7.808
acres. Commercial development typically generates 40.67 average daily trips per 1,000 feet of gross floor
area. 8,000 to 10,000 square feet of neighborhood commercial development on Tracts 1 and 2 would
generate between 325 and 400 average daily trips. Access is provided along South Staples Street, an urban
arterial which is improved to its ultimate planned capacity of four travel lanes and a continuous center turn
lane. The "B-I" Dis~-ict offers a broad range of uses including restaurants, retail and personal service uses.
Tract-2 is proposed for "AB" Professional Office District and consists of 9.233 acres. Professional office
development typically generates 11 average daily trips per 1,000 square feet of gross floor area. If the tract
were developed with 10,000 square feet of professional office development such development would
generate an additional 110 average daily trips on South Staples Street. The "AB" Professional Office
District, if approved, would modify the multifamily residential and single-family land uses on the future
land use map to professional office.
Tract-4 is proposed for "AB" Professional Office District and consists of 2.838 acres. If the tract were
developed with 5,000 square feet of professional office development such development would generate
and additional 55 average daily trips on South Staples Street.
Tract-5 is proposed for "B.-4" General Business District and consists of 4.035 acres. If the tract were
developed with 2,000 to 4,000 square feet of commercial development such development would generate
an additional 82 to 164 average daily trips on South Staples Street.
Street Type Paved Section Volume (2001)
South Staples Street Urban Arterial 100' ROW w/70' Back to Back 20,510 a.d.t.
paved section, 5-lane roadway
The property is not platted and will require platting prior to issuance of building permits.
The "B-4" General Business and "B-I" Neighborhood Business Districts permit uses generating much higher
volumes of traff~c than professional office uses. Substantial commercial zoned vacant properties abut the
north and south sides of the subject tracts between Yorktown Boulevard and Lipes Boulevard along the east
side of South Staples Street. Also, much of the west side of South Staples Street is also zoned for commercial
development in this same general area The "AB" Professional Office District provides development which
would generate significantly lass traffic per acre at this mid-block location than the requested commercial
development. This lower intensity of development would be much more conducive to mitigating la"affic
congestion on South Staples Street. The requested "B-4" and "B-I" zoning is not consistent with the adopted
Southside Area Development Plan. An "AB" Professional Office District on all five tracts perm/ts a range of
uses, including non-medical and medical offices, apartments, hospitals, medical centers, clinics, childcare
centers, beauty shops and hair salons.
H:~PLN DIR~S HAILED\GaiI\WORDxZONI~TS~2005~Apfil\04054)1 CC Re'portREV doc
Zoning Report
Case No, 0405-01 (J1MREC)
Page 4
· Tracts I and 3: Denial of"B-l" Neighborhood Business District and, in lieu of, approval of"AB"
Professional Office District.
Tract 2: Approval of"AB" Professional Office District.
Tract 4: Approval of"AB" Professional Office District.
· Tract 5: Denial of"B-4" General Business District and, in lieu of, approval of"AB" Professional Office
District.
Tracts 1 and 3: Approval of"B-l" Neighborhood Business District.
Tract 2: Approval of"AB" Professional Office District.
Tract 4: Approval of "AB" Professional Office District.
Tract 5: Denial of"B4." General Business District and, in lieu of, approval of "B-I" Neighborhood
Business District on the western 350 feet of Tract 5 and the remaining portion of Tract 5 be zoned "AB"
Professional Office District.
Number of Notices Mailed 27
Favor 0
Opposition One returned from outside the notice area indicating that the Barclay Grove Neighborhood
Association was opposed to apartment development.
(As of June 7, 2005)
Attachments: Zoning Maps
Conceptual Site Plan
H:~P LN-DIRXSHARED/Gai[~WORD\ZONRPTS~005~ApfilYM05-01CCReportREV doc
R-lB
A-1
B-1
B-4
B-4
( Regular- Requested by Applicant )
/
/
-lB
/
/
/
/
SUBJECTPARCEL
NORTH
0 100 200 400
Fee[
A-1
R-lB
B-4
B~I
B-4
-lB
SUBJECT PARCE~
( Alternative l- Planning Commission Recommei]dation)
NORTH
0 100 200 400
Feel
R-lB
B.-4
-1 B
SUBJECTPARCEL'
Allern,'dive 2- Staff Recommendation)
NORTH
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I~Jll11111~lll
Idl Ill I~111 IIII lidl IIII
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City. Hall
Wednesday - April 20, 2005
a. Case No. 0405-01 J1MREC: "R-lB" One-family Dwelling District on Tracts 1 and 2, and an
"A-i" Apartment House Distxict on Tracts 3, 4 and 5 to a "B-I' Neighborhood Business District on Tract 1,
an "AB" Professional Office District on Tract 2, a "B-1" Neighborhood Business District on Tract 3, an "AB"
Professional Office District on Tract 4 and a "B4" General Business District on Tract 5; resulting in a land
use chanze from low and medium densiW residential uses to medium to high impact office/business uses
Being 2 3.91 Acres out of Lots 1,2, 1 5 and I 6, Section 1 0 in the Flour B luffand E ncinal Farm and
Garden Tracts, located along the east side of South Staples Street north of Yorktown Boulevard.
Request: Change of zoning from "R-lB" One-family Dwelling District to "B-I" Neighborhood
Business Dislrict on Tract 1; "R-lB" One-family Dwelling Dislrict to "AB" Professional Office
Dis~ict on Tract 2; "A-I" Apartment House District to "B-I" Neighborhood Business District on
Tract 3; "A-I" Apartment House Dislrict to "AB" Professional Office District on Tract 4 and "A-
l'' Apattment house District "B4" General Business Dislrict on Tract 5
Excerpts from Zoning Report
Legal Description/Location: 23.91 acres out of Lots 14-16 and a portton of Lots 1, 2, 15 and 16,
Section lO in the Flour Bluff-and Encinal Farm and Garden Tracts, located along the east side of
South Staples Street north of Yorktown Boulevard.
Purpose of Request: Tract 1-Neighborhood Business Zoning, Tract 2 -Professional Office
Zoning; Tract 3 -Neighborhood Business zoning; Tract 4 -Professional Office Zoning and Tract
5 -General Business Zoning
Area Development Plan_ Southside-the future land use map supports medium-density residential
on the western ~ of the subject property, and single-family and medium density residential on the
eastern IA of the subject property.
Department Comments: The "B-4" General Business and "B-I "NeighborhoodBusiness
Districts permit uses generating much higher volumes of traffic than professional office and
medium deusity residential uses a~'proposed by' staff The exteaxiou of the "B-4" General
Business and the "B-1 "Neighborhood Business Districts along South Staples Street is not
supported.
Staff Recommendation: Tracts 1 and 3-Denial of "B-l " Neighborhood Business Distn'ct and
approval of "AB" Professional Office District zoning. Tract 2-Approval of "AB" Professional
Office District on the western 2/3 of Tract 2, Denial of "AB" Professional Office District on the
eastern 1/3 and retaining the existing "R-lB" One-family dwelling District. Tract 4-Approval of
"AB" Professional Office District on the western 2/3 of Tract 4, denial of "AB "Professional
Office District on the eastern 1/3 and retaining the existing "A-I "Apartment House District.
Tract 5-Denial of "B 4" General Business District on the western ~ of Tract 5 and approval of
"AB" Professional Office District and denial of "B-4" General Business District on the eastern
~ and retaining the existing "A-1 "Apartment House District.
Planning Comnussion Minutes
0405-01 (JIMREC)
P age 2
Mr. Mic Raasch provided graphics of the subject property and the surrounding area. The zoning
report and tape recording are on file.
Mr. Raasch stated that Tracts-1 and 3 are proposed for "B-I" Neighborhood Business District and
consists of a total of 7.807 acres. Access is provided along South Staples Street, an urban arterial which
is improved to its ultimate planned capacity of four travel lanes and a conhnuous center turn lane.
Platting of the property will not require additional right-of-way dedication for South Staples Stxeet. The
Southside Area Development Plan future land use map recommends medium density residential
development (8 to 22 units per acre density) on Tracts 1 and 3. The "B-i" District offers a much more
broad range of uses including restaurants, retail and personal service uses and much more traffic
generated from those commercial uses, and more sign area than allowed by the existing "A-I" Apartment
House District Staffrecommends as a compromise "AB" Professional Office District zoning. Tract-2 is
proposed for "AB" Professional Office District. The Southside Area Development Plan futm-e land use
map recommends medium density residential for the western 2/3 of Tract 2 and low density residential for
the eastern 1/3 of Tract 2. Staff is recommending "AB" on the western 2/3 and to retain the existing "R-
lB" One-family Dwelling District on the eastern 1/3 of Tract 2. Tract-4 is proposed for "AB"
Professional Office District. The Southside Area Development Plan future land use map recommends
medium density residential for the western 2/3 of Tract 4 and single-family residential for the eastern 1/3
of Tract 4. Staff is recommending "AB" Professional Office District on the western 2/3 of Tract 4 and to
rctain the existing "A-I" Apartment House District on the eastern 1/3 of Tract 4. Tract-5 is proposed for
"B-4" General Business District and consists of 2.052 acres. The Southside Area Development Plan
future land use map recommends medium density residential on all of Tract 5. Staff ts recommending
"AB" on the western 3/4 of Tract 5 and to retain the existing "A-I" Apartment House Dislrict on the
eastern 1/4 of Tract 5. He stated that there were 27 notices mailed. One notice was returned from outside
the notification area from Barclaye Grove Neighborhood Association.
In response to Chairman Berlanga and Commissioner Pusley's questions, Mr. Raasch indicated
that the issue from the prior meeting was that the legal description was inaccurate and the mapping and
owner notification had to be redone Additional property owners were notified within the 200 foot
notification area. The Neighborhood Association sent a letter stating opposition to the zoning change.
In response to Commissioner Salazar's question, Mr. Raasch stated that the land owned to the
east is currently owned by the same property owner. J1MREC is the property owner of approximately
eighty, six (86) acres in the whole tract.
Mrs. G oode-Macon indicated t hat t he Ietter e f opposition came from t he representative o f the
Neighborhood Association which is outside the notification area.
Commissioner Pusley indicated that he would like to see a map of what staff is recommending.
The Barclaye Grove Subdivision is well within the notification range.
Public Heanng opened. No one appeared in opposition.
Chuck Urban, 2725 Swanmer, provided graphics to present to the Planning Commission. Mr.
Urban introduced Mr. Sudhoff to clear up any misunderstanding or confusion regarding what is being
proposed.
Mr. Urban stated that what staff is recommending is "AB" back to the residential subdivision.
The mosl confusing right now would be that Tract 5 falls within the "A-I". The whole concept was to
Planning Comrmssion Minutes
0405-01 (JIMREC)
Page 3
have a strip of"B-l" zoning for retail and buffer back the residential to "AB". When the project started it
was a textbook type of zoning configuration. The applicant wanted to get a "B-4", because of the h~gh
demand for it. Mr. Sudhoffhas been resea~cking the demand for retail in this particular area. It appears
to be more of a need for retail than office spaces.
Mr. Gunning prov/ded a sketch of what is being proposed and what staff is recommending. He
indicated that the applicant is dealing with a large tract of land developed on the east side of Staples
Street. The applicant basically wants to create a zoning configuration that provides for a higher density
development ("B4") along South Staples Street frontage and a lower density ("AB") development
towards the east on tracts 14. The applicant had originally requested along the street front a "B-I"
Neighborhood Business District which was to be backed up by an "AB" Professional Office District. The
request for a "B4" on tract 5 is an extension of the existing "B4" abutting to the south along the east side
of Staples Street. S taft i s concemed a bout t he commercial development a t m id-block between maj or
intersections. In lieu of the "B-I', staffhad recommended along the frontage for all of tract 1, 2/3 of tract
2 an "AB" Professional Office District. Immediately behind it and abutting the south side of the
residential to the north, this tract would be an "R-lB" District to be extended to the back side of the north
boundary of the existing "B4". On Tracts 3 and 4, staff also recommended denial of the "B-I" Business
neighborhood District and approval of an "AB" Professional Office District. On Tract 5 staff also
recommended denial of the "B-4" General Business District and approval of the "AB" Professional Office
District.
In response to Mr. Gunning's statement, Mr. Urban indicated that the applicant wanted s omc
retail w/thin 350 feet along Staples Slreet frontage instead of the "AB" Professional Office District and
the only other difference was how far back should the "AB" be needed and still allow for the subdivision
We are concerned with the "AB" Professional Office District versus "B-I" Neighborhood Business
District within the 350 foot strip. "AB" is what staff is recommending and "B4" is what is being
requested.
In response to Commissioner Salazar's question, Mr. Sudhoff indicated that a "B-I" would be
considered straight across instead of"B4".
In response to Commissioner Pusley's question, Mr. Sudhoff stated that no one from his office
had discussed any concerns with the Barclaye Grove Neighborhood Association.
Mr. Sudhoff, 4350 Ocean Drivc, provided a graphic presentation to the Commissioners and stated
that there wcre two issues when dealing ~xith this piece of property. The properts~ is just under ninety (90)
acres of land and as the sales associate hired to market and broker this property, in Corpus Christi there is
an abundance amount of vacant land and pieces of property that are undeveloped to what their potential
could be. He stated that he is trying to maximize its potential. The subject property is on one of the
busiest and one of the most progressive comers in Corpus Christ~. Mr. Sudhoff indicated that Yorktown
will eventually hit Padre Island, it is a corridor through the Crosstown Expressway. It will be another
Saratoga. With this intersection there are two issues being the "B-I" in front and changing the "AB" a
little further back than what the staff is recommending which is "R-lB". The "AB" is being requested
because of potential buyers. There is a contract on 50 acres to build single-family residential homes.
This person only wishes to purchase this amount of land. There is currently a group in California
attempting to purchase "B-1 ", "AB" and "B4" zoned level With this piece of property under contract, it
is now ready to be developed into something that Corpus Christi has not yet seen before The subject
property is being compared to Khol's Shopping Center and it's success. There are people coming into
Corpus Christi willing to invest money into a growing ci~ with many vacant potential lots
Planning Commission Minutes
0405-01 (JIMREC)
P age 4
In response to Commissioner Mires' question, Mr. Sudhoff indicated that he has spoken to Texas
Department of Transportation and the local architectural firm WKMC regarding research and access.
WKMC has proposed the creation of a 20 foot barrier buffer along the rear for residential adjacency and
along the sides of the property. Thc buffer will include heavy landscaping. Corpus Christi is progressing
quickly and a new shopping center would bring new jobs.
Commissioner Pusley indicated that Mr. Sudhoff speak to the Neighborhood Association; show
them the proposal and get a letter of recommendation rather than a letter of opposition before action is
taken to City Council.
In response t o Commissioner P usley's question regarding 1 andscaping, M r. Gunning indicated
that the applicant would have to follow the standard landscaping plans for the buffer area. Mr. Gunning
also indicated that after reviewing Mr. Sudhoff's proposal, staff is willing to drop the "R-lB" on the rear
portion of the property. He also stated that without having a site plan review process it makes it difficult
to give better details.
The public hearing was closed. A motion was made by Commissioner Mims and seconded by
Commissioner Braselton to approve a "B-I" Neighborhood Business District across the entire front of
South Staples to a depth of 350 feet and "AB" Professional Office District on the remaining Iracts. The
motion passed unanimously.
H:~PLN-DIR~HARED\GaiI\WORD~AGENDMEM'~2005~X4ay~0405431 Minutes Excerpt.doc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY JIMREC BY CHANGING THE ZONING MAP IN REFERENCE TO
23.91 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS, SECTION 10, LOTS 1, 2, 15 AND 16 FROM: "R-lB"
ONE-FAMILY DWELLING ON TRACTS I AND 2, AND "A-I"
APARTMENT HOUSE DISTRICT ON TRACTS 3, 4 AND 5 TO: "B-I"
NEIGHBORHOOD BUSINESS DISTRICT ON TRACTS I AND 3, "AB"
PROFESSIONAL OFFICE DISTRICT ON TRACTS 2 AND 4, AND "B-I"
NEIGHBORHOOD BUSINESS DISTRICT ON THE WESTERN 350 FEET
OF TRACT 5 AND "AB" PROFESSIONAL OFFICE DISTRICT ON THE
REMAINING PORTION OF TRACT 5; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of JIMREC for amendment to the City of
Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
April 20, 2005, dudng a meeting of the Planning Commission, and on Tuesday, June
14, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Chdsti, during which all interested 3ersons were allowed to appear
and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Tract 1 (5.972 acres out of Flour Bluff and Encinal
Farm and Garden Tracts, Section 10, Lots 1 and 16) from "R-lB" One-family DweIling
District to "B-1" Neighborhood Business District; on Tract 2 (9.233 acres out of FIour
Bluff and Encinal Farm and Garden Tracts, Section 10, Lots 1,2, 15 and 16) from "R-
1B" One-family Dwelling District to "AB" Professional Office District; Tract 3 (1.836
acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 10, Lot 16) from
"A-l" Apadment House District to "B-l" Neighborhood Business District; Tract 4 (2.838
acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 10, Lots 15 and
16) from "A-1" Apartment House District to "AB" Professional Office District; and Tract 5
(4.035 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 10, Lots
15 and 16) from '%-1" Apartment House District to "B-I" Neighborhood Business District
on the western 350 feet and "AB" Professional Office District on the remaining portion of
Page 2 of 3
Tract 5; located along the east side of South Staples Street and north of Yorktown
Boulevard, as shown on the attached Exhibit. (Maps 044032, 045032)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Char~er rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~ ~.-<
Joseph Har~-~y (J~'-~
Assistant City Attorney
For City Attorney
2005
Henry Garrett.
Mayor, The City of Corpus Christi
H:\LEG-DIR~Joseph~oning-05\0405-01Alt 1 .doc
Page 3 of 3
Corpus Christi, Texas
__day of ,2005
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,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H:\LEG-DiR~Joseph~oning-05\0405-01AIt 1.doc
R-1 B
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R~I~BIPUD
B-4
-lB
SUBJECTPARCEE~'
( Alternative 1- Planning Commission Recommendation)
NORTH
0 100 200 400
Feet
ENGINEERING ·
P 0 ~0% 03B5 · ~Oi~P~J$ C~I',RS~h TEXAS
Coun~ or Nuec~
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16, Sec'~n 10, Rom' Bluffed Encl..m Farm mad Gmr~,~ ']'~'~'o, · man of whi~ m. r~on:l~d in Volume A.
Pa~s 41-43, ~ R~o~ ofNumc~ Cotmty, Tmrx. ma; ,~d ~.9"~2 ac~ t~sct O[ 'Iraqi b~ia~ more
c[e~zt{~:~d by mo~s al~ b~m,4, a~ [~llow~:
Be~_'n.in_~ at a poiat~ fr~a which the we~ ~ of B~y Grove Ui~I. I, m m~p of wltJch ;,
reco~d In Volume 56, P~ei 62-6], Map l~-ord~ of Nue;~ County, Te'~l~ ~ South §t~0]'20'' East,
The~e, So~l~ 2~5'/'30'' W~. a di.s~ace o['660.97 ~ ~ ~c ~ con~r ofLl~ t~'act;
S~'e~ (F.~. 2444), ~ $0.00 t'oc4 ~ publi~ ro~lwmy, h~ all ~ ~ dis~ of 390.00
cea~'li~e of u~l South $~:dse S~ f~r ct~ w~ ~ of ~ t~
Thence, Nm'~h 28°57'30" East, a]on8 Ihe cen~riinc or.id Sou~h $~plel Sa'eat, a ~r,:a~ce of
666.9? feet for the no.ti corner ofl~m tnct;
5.972 scl~s oflafld.
B~'~u~s based on the r~.o~ad plat o fl~a.~lay G'mv¢ Uait 1, a rasp of whi~ ia ~conlcd ia
Volumo ~6. PaS~ 62-63, Map Re~otdf o'fNuec~ C, ma~, Texu~.
Unlms ~ fielcr~mee ~e~,~ ~L~o~ h~cludJ~g p'~ambl¢, ~s] a~d ei~ntT~'e, a~ J- l~ eaL'~eL',/, i~
Urban En~lneeriu[
Dmu % Urban, I~=P.L.S
License No, 4710
moll~ur~oneng
(361)854-3101
ENGINEERING
PO. BOX 6,35{5 J COR'~U~
Sob Ne.
Fie ldaote~ i'm' a 4.035 acre ~ of
16, S~d~a 10, FIo~' Blu. ff ~:1Eact~l Fe'm etd Garden Tracts, a m~ ofwbJ~b [m mcaz~ed Ja Volum~ A,
Pagem 41-43, Map Rec~'~ ot'Nuec~ Co,~ty, T~zz; aaJd 4.03~ ac~e ~ af [~zu~ b~iag mm'e RtUy
~eg~n~g at a point, t~'om wldeh d:~ wee ~,~t of B~y Grove 1.1alt 1, a map ofwt~b
mcon:b:d Ja Volm~e 56, F~lea 52-63, M~ Rz~oo~a of Nuec~ Courtly, Tax~, be~r~ North
a di~'is",'e of r/2.0,0 ~ .u~d Hcrih 61~03'20'' We~t, a ~l~_-,~ce 0f243.00 ~
Then~, South 28°57'30" West, a dL~eance of 177,00 feet for I~e ioul~ ¢orae~ of t~i~ ~act;
Thencc. North 61 ~03'20" Wc~, · ~ of 953.00 fee~ pa~s d~e ~ biamds~ of South
$~-t. (F.M. 2444), ~ 80 09 ~ ~kb: imblic ~dw~y, is n.B. · Wtt[ ~ oct d.Le~m-~ of 993.00
for the weal co.er ot't~l ~
The=ce, Ncrah 211=57'30TM ~ .rcm~ ibc cenmrli~ of said South Saplei S~.et. · ai.aace of'
171.~ feet ~ ~,e ~ot~ center of tills tt'~4
Thr.~ce, Sm~h 6 t~3'20" F, as~ · ~ 0f993.00 fe~ to ~= Point of BcF,~.~~ ~ c,~tai~g
4,035 ~ o[' lsad.
Bcaz'i~ b~ed c~ ~ recorded pZat of Ra~lay Grove Unk l, · rasp of'which is teco~lecl in
Volu~e ~6, P~8= 62-~, Map Re~enta ofNueen~ Cousty, Te~u.
Urbsn gnglneer~g
Dan L Urban, R.P.L.S
Lacea~ No, 10
S:~'c'/~t~99B~A]~J~/ANTNEr~ D~ · ccr~PU$ CHriSTI, TEXAS 784D4
moll@urDonenOrCOm
p~ i vfl
- !
(361)8~ 3101
EN( INEERING
BOX 63~ · COEP'JS CHr~I~TI. "r~KAS ?l~l~6-(~
Job No. 39~6KQO,Q4)
~ 1~, 200~
Ra~'oned: Al to,AR
State of TsxaJ
Couut~ of Nuee~s
Ficld~ote~ tot · 2.838 acre
! 6, ~ccfiuu l ~, Fl~ Bluff ~d Buck~ Farm ~d Garden Tr~c~-, · u~p o[ which h ~ in ¥olumc ^.
Pa~e~ 41.43. Ma~ i~,c~'ds o f l'~,,ce~ Cu~y, Te~; said 2.83~ ~ tr~c~ ~f ~ bei~ more ruBy
~e~ribed try me~
.~e~innln_~ ~. e. p~iZ~ Mm wbi~ I~e w~lt come; of Ba~lay Crrove U,',it I,
re~orded in Volume $6, P~e~ 62-~3, Mq~ Re~rd~ ofNu~¢~ CoontT, Texa~,
I ~[but~ce of 6~.97 feet ~ No~x 61 ~03'20" We~ · diJutz~e of 243.00
Thence, Sou~ 28°$?'30' We~ a ~Jat. exc. e of 205.03 ~ f~r t~ Sm.T~ ¢ora~r of :lxJJ
Tl~uce, Nm'th 61~03'20' Wcst, a c[b~a~ce of 603.00 [e~ ~or the wear ceraet of ~ ~ract;
The:~¢¢, Sot~/.~ 61e03'20'' Em;t, · ~LiaTa.oce of 503.00 feet to Ihe Poil~. of ~,~n~ing and
2.838 acrta of land.
Bcarin? ~ oa ~e mr, or~:kx~ pL~t of B·.~!.·y Gm'v~
Volume ~;5, PaSta 52-63, Map Re~Ca~:b efNue~ Count),,
Unless ~ fieldrd:~ degripfion, including p~amble, aea] ~ lignuturc, ~g~ara in i~ e:R~fty, in
Ira ~ form, Jui-vey~r aasu~cs no respoz~RLty for it~ ac~,cracy.
Urb.a E,~gt~etrtag
L~cc~c ~To. 4'710
$ ~Urve~I~'~9~&0~0TN&II~O~\/~ANTNER DT~
, * CORPUS CHRISTI, TEXAS 78404
moil~urb~nemg corn
(361)8~4-3 I01
ENGINEERIN(
BOX 63~i i CORPUS C:HI~'TI, T£XAS
.lob No.
l~vh 13, 2005
B~..~ned: Al. to BI
for a 1,836 ~r~ nam of la~d (not bs~ed on ~n on-the-l:~xnmd lurv~) om of Lo[ 16.
Bluff and Eadntl Fs.,'m ~d Oatd~ Tracts, a ~ of which i~ r~:or~ed in Volume A.
Re~ord~ ofNuecm Cm.u~. Tt, xn~; ~aid 1.S36 a~-re ~m,'~ ofl~d b~ ~ fully
Be~. ,lng at n point, [~,m which the we~ coma' of Buclay Grove Unit 1, I map o f ~l~lch i~
recorded in Vohane 56, l'~es 62-6~, Map ~ ofNuece~ Cmmty, Te~ms, bea~ North 28057'30" ~
a di~¢e of 666.97 ['~t ~nd .qouth 61 °03'20" Ea~, · d.Mmn~e of 360_00 ~
Th~cc, S~uth 28e57'30'' West, s distance 0[205.03 fee fvr thc soutflc, om~ of thh, truct;
Thcncc, Nor~ 61"03'20' We'st, a d.i~aace of 350.00 fee~ pnSs thc ~ b~,-a-,.y of South Staples
S~'eet (F.M. 2444), an 80.00 ft~ ~ l~bli¢ read,ny, In nil · t~tal d4,,,~,--e of 390.00 fe~ to ~, ces~rli~e
~f ~ald South S~aples Str~-t, for ~: ~ com~ ofthl~ ~nct~
Thcucc, North 2g°5"/'30'' En~t, along the centerlh:~ o[' sa.id South Staples Su~.t~ · dis~ce of
205.03 fee~ for the nc, rrb cm'n~ oft:t~ ~
'I'hence, Sotuh 6t"03'20" Bast, a distance of 39~.00 fe~ m tho Pelto of [~l,,ml,,g artd cOvtn~Ing
l.B36 ~ of land_
Benr~p breed on thc recorded plnl of Bm'clay Grove Unit I, · ~p of~ch ~ ~d ~
Vot~ 56. P~ 62~3, Map Re~ ofNu~ C~, Te~.
U~an En~lneer~
Din I., Urban, R.P.L.S
S:~r~"~duB99868~00~I~AII~I~,~NANTNEI~ DR ,, COI~PU$ CHRISTr, TEXAS
molla:urbanencj,¢oh~
Pn~e I of I
C361)BB4-3101
EN tlNEERIN
PO BOX ~55 · CO~PUS CHRISTI, TEXAS
l~ No. 391~1.00.00
~ 15, 2005
RIB to Ap
Stat~ of Tn'aaa
Cotnty of Nueee~
Ficldno~s for a 9.233 a~ txact of'Land (t~ot bucd an an on-the-Krouad survey) out of ~ 1.2,
15 and 16, Seclxon 10, ~ Bluff and Enclnal Fa'm and Gaxcknt Trn~s, a map of wb.kh is recorded in
Voimne A, Paget 41-43, Map Rceor~ of Nue~n Count'/, Texas', said 9.233 acre tenet of land heinz more
fully d~crtbed by n~aa and boun~ as ~llows:
B .c~i-.i.o. ~ a potm, Item which ~1~ west c~rner of Bm"=lay Grove U~t l, a map of wi:ich is
ree. ord~ in Volume ~6, Pa~ 62..63. Ms~ Re.h-ds ofNuece~ Coumy, Texas, b~m'e Sou~ 61~03'20" East.
a dimn~e of 3g0.00 fee~;
Three, Sou[b 51"03'20" E~I, a dialanc¢ of 603,00 ~eet f~' [be east coratr or' tbJ~ b'aL't;
South 28°.~7'30' West, m di~.nce of 666.97 ftex for the sout~ comer oft~s Ira~;
Thence, North 61 °03'20" Wea~. n d~tance of 603.00 £~ct for ~ha we~t comer or thin t~'nct;
Tl:r~ncc, North 28'~57'30' Enact, a ~taa¢c of 666.97 fcet to ~e Poim of Bejinnln~ at~ COntaining
9,233 ~ of Jund,
Beatinfd bHed on eha recorded pl,~ of Bsr~hy Crmve Unit 1, a ~ o[which
56, P~ts 62~3, M~ R~o~ ofNu~cs C~, Text.
U~s ~ ~o~a ~cdp~o~ ~cl~B ~blc, ~[ ~d s~
Urban
~n ~ Urban, ~P~
Llc~ No. 4710
$ ~v'mTYlr~gaf~O00~"NRlj~B~:ANTNEP~ DR · CORPUS CHRISTI, TEXAS 78404
rmaJl~urbonerlg,cam
PT I of I
19
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 6/14/05)
Cas~ No. 0505-01- Staples Development, LLC: A change of zoning from a "F-R"
Farm-Rural District to a "R-lB" One-family Dwelling District. The property is 117.04 acres out of
Flour Bluff and Encinal Farm and Garden Tracts, Section 20, a portion of Lots 19-22 and all of Lots
27-30, and Section 21, a portion ol'Lots 6 and 7, located along Airline Road, 400 feet south of County
Road 26-A (Brooks Road) and west of Airline Road and Rodd Field Road intersection.
Planninll Commission and Staff's Recommendation (5/4/05): Approval of a "R-lB" One-family
Dwelling District as submitted.
Requested Council Action: Approval of a "R-lB" One-family Dwelling District as submitted
and an adoption of the attached ordinance.
Purpose of Request: Development ora single-farmly subdivision.
Summary:
· Applicant requesting a change of zoning to "R-1B' One-family Dwelling District for the
development of a single-family subdivision with approximately 849 units.
· Minimum lot area permitted in the "F-R" Dislrict is five (5) acres allowing one (1) unit per five (5)
acres. The "R-lB" District requires a minimum lot area of 6,000 square feet and permits 7.26 units
per acres.
· This single-family development is projected at 297,150 gallons of water demand per day with a solid
waste demand of 7,556 lbs. daily.
· Traffic generation for the single-family development on the subject property is 8,490 average daily
Mps. Access will be provided along Airline Road, classified as a rural 2-lane arterial with a 28' paved
section
· The subject property is within an area that is identified to develop as single-family, per the Southside
Area Development Plan. The requested "R-lB" One-family Dwelling District accomplishes the goal
of the Plan.
Recommendation:
Approval of a "R- 1B" One-farmly Dwelling District.
ADDIlcant's Position: The applicant concurs with Planning Comnnssion and StafFs recommendation.
Notification: Of the 20 notices mailed to the surrounding property owners, one was returned in favor and
one was returned in opposition. The 20% rule is not invoked. This case is considered non-
controversial.
Agenda Memorandum
0505431 (Staples Developmenl, LLC)
Page 2
MG/FGM/gp
Attachments:
1) Zoning Report
2) Planning Commission Minutes
3) Ordinance
II:SP1.N-DLR~ql IARED\GaiI\WORD~AGENDMEM~2005'~Iay\0505-01AGFNDAMEMO doc
CZTY COUNCTL
ZONTNG REPORT
Case No.: 0505-01
Planning Commission Hearing Date: May 4, 2005
Applicant: Staples Development, LL
Owner: George Mostaghasi
Agent: Cobb, Lundquist & Atnip Inc.
Legal Description/Location: Being 117.04 acres out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 20, a portion of Lots 19-22 and all of Lots 27-30, located along
Airline Road, 400 feet south of County Road 26-A (Brooks Road) and west of Airline
Road and Rodd Field Road intersection.
"~ ~ From: "F-R" Farm-Rural District
To: "R-lB" One-family Dwelling District
Purpose of Request: Development of a single-family subdivision with approximately 849 units.
Zoning Existing Land Use
Site "FR" Farm-Rural Agricultural usc
North "FR" Farm-Rural Agricultural use
South "FR" Farm-Rural Agricultural use
East "FR" Farm-Rural Agricultural use and
church
~Vest "FR" Farm-Rural Agricultural use
Future Land Use
Muir/family residential
Multifamily residential
Multifamily residential
Multifarmly residential
Multifarmly residential
Area Development Plan: Southside The future land use map recommends single-family
development.
Map No.: 042032
Zoning Violations: None
Zoning Report
Case No. 0505-01 (Staples Development)
Page 2
· Applicant requesting a change of zoning to "R-lB" One-family Dwelling District for the
development of a single-family subdivision w~th approximately 849 units.
Minimum lot area permitted in the "F-R" Distxict is five (5) acres allowing one (1) unit per
five (5) acres. The "R-lB" Dis~-ict requires a minimum lot area of 6,000 square feet and
permits 7.26 units per acres.
This single-family development is projected at 297,150 gallons of water demand per day with
a solid waste demand of 7,556 lbs. daily.
Traffic generation for the single-family development on the subject property is 8,490 average
daily trips. Access will be provided along Airline Road, classified as a rural 2-lane arterial
with a 28' paved section.
The subject property is w/thin an area that is identified to develop as single-family, per the
Southside Area Development Plan. The requested "R-lB" One-family Dwelling District
accomplishes the goal of the Plan.
Street Type Paved Section Volume
(2001)
Airline Road Rural Arterial Current - 95' R.OW. w/28' 19,610 a.d t
paved section.
Planned -95' ROW w/64'
Back to Back paved section,
4-lane roadway
Current - 28' paved section
Planned -75'ROW w/50'
Back to Back paved section,
2-lane roadway
County Rd 26A (Brooke Collector 500 a.d.t.
Road)
The subject property is unplatted.
Properly northeast of the subject property was reconvnended for a change of zoning to "A-2"
Apartment House District and "B-I" Neighborhood Business Dislrict by the Planning
Commission on April 20. 2005.
Zoning Report
Case No. 0505-01 (Staples Development)
Page 3
Approval
Approval ora "R-lB" One-family Dwelling District.
Number of Notices Mailed
~.~ F~vor 0
Opposition 0
(As of April 27, 2005)
2O
Attachment: Zoning Map
H:hn LN-DIR\SHARED\GaiI\WORDXZONRPTSX2005~Aay\0505-01 REPORT.doc
/
/
//
/
/
/
/ /
I-2
R-1 B
R-lB /
NORTH
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - May 4, 2005
a_ Case No. 0505-01 Staples Development, LLC: "F-R" Farm-Rural District to a "R-lB" One-family
Dwellin~ District, resultin~ in a land use chan~e from a~mculture use to a low- density residential use.
Being 117.04 acres out oI' Flour Bluff and Encinal Farm and Garden Tracts, Section 20, a portion of Lots
19-22 and all of Lots 27-30, and Section 21, a portion of'Lots 6 and 7, located along Airline Road, 400
[eet south of County Road 26-A (Brooks Road) and west of Airline Road and Rodd Field Road.
Request: Change of zoning from "F-R" Farm-Rural District to "R-lB" One-Farmly Dwelling
Dis~ict
Excerpts from Zoning Report
Legal Descrtptiort/Location: Being 117. 04 acres out of Flour Bluff'and Encinal Farm and
Garden Tracts, Section 20, a portion of Lots 19-22 and all of Lots 27-30, located along Airline
Road, 400feet south of County Road26-A (Brooks Road) and west of Airline Road and Rodd
Field Road intersection.
Purpose Of Request: Development ora single-family subdivision with approximately 849 untts.
Area Development Plan: Southside The future land use map recommends single-fitmily
development.
Department Comments: Property northeast of the subject property is part of the overall
development and was recommended for a change of zoning to "A-2 "Apartment House District
and "B-] "Neighborhood Business District by the Planning Commission on April 20, 2005.
Staff Recommendation: Approval
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The
zoning report and tape recording are on file.
Mrs. Goode-Macon stated that the subject site is located west of Airline Road and is
approximately 117 acres. Planning Commission reviewed a change of zoning, two weeks ago, that is
located northeast of the subject property for Tracts 1 and 2 to allow for a commercial strip adjacent to the
low<lensity dwellings for that area. The subject property is estimated to accommodate 849 units. The
land requires platting. A specific site plan was not submitted. Ibc future land use map recommends
single-family development. Staff is recommending approval of the "R-lB" One-Family Dwelling
Dis~ict which is consistent with thc South Side Area Development plan. Twenty notices were mailed and
none returned in favor or in opposition.
The public hearing was opened.
The public hearing was closed. A motion was made by Commissioner Braselton and seconded by
Commissioner Salazar to approve the "R-lB" One-Family Dwelling District. The motion passed
unanimously with Pusley and Smith being absent.
H:\PI N-DIR~SHARED\GaiI~WORD/AGENDMEM~005hMay\05054)I MinuIe~ Excerpt.doc
Page 1 o[ 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING
MAP IN REFERENCE TO 1'17.04 ACRES OUT OF A PORTION OF
LOTS 19, 20, 21, 22, AND ALL OF LOTS 27, 28, 29, AND 30, SECTION
20, AND A PORTION OF LOTS 6 AND 7, SECTION 21, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS FROM "FR"
FARM-RURAL DISTRICT TO "R-'lB" ONE-FAMILY DWELLING
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations conceming the application of Staples Development, LLC for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WI-IEREAS, with proper notice to the public, public hearings were held on Wednesday,
May 4, 2005, dudng a meeting of the Planning Commission, and on Tuesday, June 14,
2005, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 117.04 acres out of a portion of lots 19, 20, 21, 22,
and all of lots 27, 28, 29, and 30, Section 20, and a portion of lots 6 and 7, Section 21,
Flour Bluff and Encinal Farm and Garden Tracts, located approximately 400 feet south
of County Road 26-A (Brooks Road) and west of Airline Road intersection, from "FR"
Farm-Rural District to "R-lB" One-family Dwelling District, as shown on the attached
Exhibit. (Map 042032)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:~E G-DIR',Joseph~_onin g-05\0505-01 Regular doc
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14Ih day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,J~.~
Joseph~rney '~(
Assistant City Attorne'~
For City Attorney
2005
Henry Garrett
Mayor, The City of Corpus Chdsti
H:~_EG-D~R~loseph~_oning-05\0505-01Regular doc
Page 3 of 3
Corpus Chdsti, Texas
__day of ,2005
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,
Henry Ga~eE
Mayor, The Ci~ of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:~_EG-DIR~Joseph~.onlng~)5\0505-01 Regular doc
BASS .o. WELSH ENGINEERING
R.I~ ZONING lroa
ESTATES
M~h 31; 200~
'rb~c~ S~l~O'O~E 1Q2.19' ~o the pom~ of curvatm'e ol · ~'cular ~ ~o I~ ~ lush& e ~ m~e ~f
5be~ 1 ~2
20
AGENDA MEMORANDUM
PI~BLIC HEARING- ZONING (City Council Action Date: 6/14/05)
Case No. 0505412- Sterlinll M. Love: A change of zoning from a "R-lB" One-family Dwelling
District to a "B-I' Neighborhood Business Dis0fict The property is in Sterling Comers, Block 1, Lot 4,
located along South Staples Street and 500 feet north of South Staples Street and Lipes Boulevard
intersection.
Planninl~ Commission and Staff's Recommendation (5/4/05): Approval of the "B-I" Neighborhood
Business District.
Requested Council Action: Approval ora "B-i" Neighborhood Business District as submitted
and an adoption of the attached ordinance.
Purlmse of Request: Development of office, retail and restaurant uses.
Summary:
'Ilae applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to
a "B-I" Neighborhood Business District in order to develop office, retail and restaurant uses.
The subject property consists of 4.52 acres and is proposed as a 4-lot subdivision with access
along South Staples Street, an arterial.
Property to the north is a former legal non-conforming mini-storage use that was granted a
Special Permit in 1994 to bring the existing use into conformance and to allow for an expansion
to the use in 1999 through another Special Permit. To the south is a "B-I" District approved
between 2002 and 2003 for the development of retail and office uses. Across Staples Street, to the
east, is undeveloped "R-1B" District property and property recently rezoned to a "B-I" Dislrict.
Along the west is undeveloped "R-lB" District property and property that was rezoned in 2005 as
a "R-2' District for a retirement facility.
The Southside Area Development Plan's future land use map recommends the subject property
develop as low<lensity residential and does not support the requested "B-I" District.
With the recent rezoning of properties to the east as a "B-I" District and to the west as a "R-2"
District, a "B-I" District could be extended from the existing "B-I" District to the south for
approximately 513.50 feet to the north. (Tract 2) Based on the applicant's preliminary plat, lots
4A, 5 and 6 would be within the Tract 2 area recommended as a "B-I' District allowing for the
proposed office and medical uses.
The remaining area to the north should remain as a "R-lB" District in an effort to extend single-
family development along the future extension of Crossridge Drive to the east as recommended
by the Plan.(Tract 1) This area comprises of Lots 7 and 8, ,,','hereby the "R-lB" District would
not allow for the proposed retail and restaurant uses.
Recommendation:
Approval of the "B-I" Neighborhood Business District.
Agenda Memorandum
0505432 (Sterling M. Love)
Page 2
Alalfficant's Position: The applicant concurs with Planning comrmssion and Staff's recommendation.
Notification: Of the 17 notices mailed to the surrounding property owners, one was returned in favor and
none were returned in opposition. The 20% rule is not invoked. This case is considered non-
controversial_
Mich,'el N. 'ng, AICP
Assistant Director of Development Services
MG[FGMSgp
Attachments:
1 ) Zoning Report
2) Planning Commission Minutes
3) Ordinance
It:~Pl N-I)IR~S HAKED\GaiI\WORI)'~&GEN DM EM',2005~vtay\05054)2AG ENDAM EMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0505-02
Planning Commission Hearing Date: May 4, 2005
Applicant: Sterling M. Love
Owner: Same as above
Agent: Same as above
Legal Description/Location: Sterling Comers, Block 1, Lot 4, located along South Staples
Street and 500 feet north of South Staples Street and Lipes Boulevard intersection.
From: "R-lB" One-family Dwelling Dis~ict
To: "B-I" Neighborhood Business District
Area: 4.52 acres
Purpose of Request: Development of office, retail and restaurant uses.
Zoning
Site "R-lB" One-family Dwelling
District
North "R-IB'/SP One-family
Dwelling District w/Special
Permit and "B-I"/SP
Neighborhood Business
District w/Special Permit
South "B-I" Neighborhood
Business Dis~ict
East "B-1' Neighborhood
Business District
[Vest
"R-lB" One-family Dwelling
District and "R-2" Multiple-
family Dwelling District
Existing Land Use
Undeveloped
Low-density residential
and general business uses
Offices and retail uses
Vacant lots
Undeveloped and vacant
lot
Future Land Use
Low-density residential
Low-density residential
Neighborhood business
Medium-density
residential and
neighborhood business
Low-density residential
and medium-density
residential and
Zoning Repo~
Case No 0505-02
Page 2
Area Development Plan: Southside- The future land use map is not supportive of the requested
"B-I" Neighborhood Business District on the subject property. Low-density residential is
recommended for the subject site.
Map No_: 044032
Zoning Violations: None
The applicant has requested a change of zoning from an "R-lB" One-family Dwelling
District to a "B-l" Neighborhood Business District in order to develop office, retail and
restaurant uses.
The subject property consists of 4.52 acres and is proposed as a 4-lot subdivision with
access along South Staples Street, an arterial.
Property to the north is a former legal non-conforming mini-storage use that was ~anted
a Special Permit in 1994 to bring the existing use into conformance and to allow for a.n
expansion to the use in 1999 through another Special Permit. To the south is a "B-I"
District approved between 2002 and 2003 for the development of retail and office uses.
Across Staples Street, to the east, is undeveloped "R-lB" District property and property
recently rezoned to a "B-I" District. Along the west is undeveloped "R-lB" Disthct
property and property that was rezoned in 2005 as a "R-2" Dis~ict for a retirement
facility.
The Southside Area Development Plan's future land use map recommends the subject
property develop as low-density residential and does not support the requested "B-I"
District.
With the recent rezoning of properties to the east as a "B-I" District and to the west as a
"R-2" District, a "B-I" District could be extended from the existing "B-I" District to the
south for approximately 513.50 feet to the north. (Tract 2) Based on the applicant's
preliminary plat, lots 4A, 5 and 6 would be within the Tract 2 area recommended as a
"B-I" District allowing for the proposed office and medical uses.
The remaining area [o the north should remain as a "R-lB" District in an effort to extend
single-family development along the future extension of Crossridge Drive to the east as
recommended by the Plan.(Tract 1) This area comprises of Lots 7 and 8 , whereby the
"R-lB" Dislnct would not allow for the proposed retail and restaurant uses.
Street Type Paved Section Volume
(2001)
South Staples Street Arterial 100-foot right-of-way with 20,510 a.d.t.
a 76-foot back-to-back
I paved section.
Zoning Report
Case No 0505-02
Page 3
A preliminary plat has been submitted to Development Services for review.
With the rezoning of the property to the west as a "R-2"District and to the east as a "B-I"
District, consideration for a neighborhood business district could be supported for a portion of the
subject property along the south with the remaining portion to the north retaining the existing
low-density residential classification as outlined by the Plan.
Approval of the "B-I" Neighborhood Business District for the entire subject property.
Approval of the "B-1" Neighborhood Business District.
Number of Notices Mailed
Favor 0
Opposition 0
(As of April 28, 2005)
17
Attachments:
Zoning map
Applicant's preliminary lot layout with proposed uses
Staff recommend ation map
H:~PLN DI]~S HA RED\GAIL\WORD~ZONRPTS~2005~4 A Y~0505 42 KEPORT DOC
R-2
B-1
B-1
A-1
A-1
NORTH
C
SUBJECT PARCEL
B/SP/94-'
R-2
B-1
B-1
B-1
Staff Recommendation
A-1
A-1
NORTH
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - May 4, 2005
b. Case No. 0505-02 Sterling M. Love: "R-lB" One-family Dwelling District to a "B-I" Neighborhood
Business District, resulting in a land use change from low-density residential use to neighborhood
business use
Sterling Comers, Block 1, Lot 4, located along South Staples Street and 500 feet north of South Staples
Street and Lipes Boulevard intersection.
Request: Change of zoning from "R-lB" One-Family Dwelling District to "B-I" Neighborhood
Business District
Excerpts from Zoning Report
Legal Description/Location: Sterling Corners, Block 1, Lot 4, located along South Staples Street
and 500feet north of South Staples Street and Lipes Boulevard intersection.
Purpose of Request: Development of office, retail and restaurant uses.
Area Development Plan: Southside - The future land use ,rap is not supportive of the requested
"B-I "Neighborhood Bt~iness District for the entire subject property. Low-density residential is
recommended for the northern third of the subject site.
Department Comments: With the rezoning of the property to the wext ax a "R-2" District and to
the east ax a "B-I " District, consideration for a neighborhood business district could be
supported for a portion of the subject property along the south with the remaining portion to the
north retaining the existing low-density residential classification as outlined by the Plan.
Staff Recommendation: Denial of the "B-1 "Neighborhood Business District for the entire
subject property, and in lieu thereof retain the "R-lB" One-Family Dwelling District on Tract 1
and approve the "B-1 "Neighborhood Business District on Tract 2~
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The
zoning report and tape are on file.
Mrs. Goode-Macon stated that the Planning Commission previously reviewed the strip along
South Staples Street between Lipes and Timbergate extension to the north several months ago for a small
lot zoning change. ~ne ox*mcr is requesting a change of zoning on 4.5 acres along this corridor to extend
the existing "B-I" to the south for the entire length of the subject property. Planning Comrmssion
reviewed a zoning change across South Staples street from the subject property which was changed to a
"B-I" District along Corsica Road. The future land use map recommends low-density residential for the
subject property, with a "B-I" District extending no further than where the physician office is at this time.
Staff is recommending the subject property be retained as an '~R-lB" for Tract 1, which would be an
extension of an "R-lB" District to the west. Staff views it as a concession for the fact that Cross Ridge
Drive located fi~her to the west could be extended along the rear property that is undeveloped. Staffalso
recommended that Tract 2 be changed to a "B-I" District which would be aligned with the property to the
east, which is Corsica Drive. The applicant plans to have four lots which is being recommended as a
Planning comrmssion Minutes
05054)2 (Sterling M. Love)
Page 2
"B-I" Dis~ct for Tract 2 to accommodate the office and dental use requested. Tract 1 does not
accommodate what the prospective buyer is needed for a restaurant and retail office use. Staff's
recommendation for Tract I does not meet with the applicant's l?uture developments plan. Staff
recommends retaining Tract 1 as "R-lB" District with Tract 2 being "B-I" Distr/ct. There were 17
notices mailed with one in favor and none in opposition.
Mr. Gunning stated that there is concern of the communication of how development is occurring
along the arterial sections that are predominantly underdeveloped, mostly South Staples, Cimmaron,
Airline and Rood Field Roads. Mr. Gunning also stated that he was not opposed to retail development,
just how it is configured and put in its place. Under current City Ordinances, the only way to develop a
mixed use design is to require a site plan in order to determine that all physical parts mix together and the
access points are well controlled and under a plan.ned development. In the future, under the Unified
Development Code, Staffhopes to obtain a Site Plan Review Process. Due to the h/story of the subject
property, it has been under review for a few years because of the drainage issues. Staff feels that the
property north of the subject property can be developed as residential or multi-family.
In response to Chairman Berlanga's question, Mr Gurming indicated that the by Platting for
Cross Ridge Drive is shown as a dead end street and the ordinance also states that when the property
adjacent is developed, it is to extend the street and connect to another street. There are no plans that state
the s~eet needs to be extended to Staples street. The adjacent property owner to the southwest intends to
extend the road and br/ng south tying it into Lipes Boulevard. The minimal requirement is to extend that
local street.
Mrs. Teniente stated that the approved preliminary plat indicates the extension hack to Lipes
Boulevard, but recently the submittal has shown a cul.-de-sac extending into that property and not
colmecting to Staples Street.
In response to Vice Chairman Stone's question, Mrs. Teniente stated that the Gray Estate is the
owner of the entire area. The Sterling Love developer began purchasing pieces of land fi.om Gray Estate.
The applicant has submitted a revised preliminary plan from Lipes Boulevard to the rear indicating
residential and a large retirement community adjacent to Lipes.
Mr. Gunning stated that the preliminary plat indicated that the property would be residential,
which is valid l'or a period of one year. The applicant would need to follow through with that or amend
the preliminary plat.
in response to Vice Chairman Stone's question, Mr Gunning stated that when Mr. Love
or/ginally developed the initial comer on Lipes Boulevard and Staples Street, he did a very good job. He
also stated that Staff would look at utilizing a marginal access road w/th a narrow pavement to pull traffic
off the main arterial and let them utilize an access road smaller than the width of a local street.
In response to Vice Chairman Stone's statement of placing medians for crossing, Mrs. Goode-
Macon stated that it is not acceptable planning practice to strip out a corridor md-block with commercial
due to traff~c point conflicts. Commercial development should be localized along 2-arterial roadways for
a maximum lineal distance of 2,000 feet.
Mrs. Teniente stated that the typical median is 16 feet where there would be adequate room to
carve out the fourth lane, but with an additional 4 feet of raised concrete median, to eliminate a thin
concrete median strip. This particular section of Staples Street is under TXDOT jurisdiction with access
management restrictions on this tract. The main function of an arterial s~eet is to manage capacity.
Planning Conm'mssion Minutes
0505-02 (Sterling M Love)
Page 3
In response to Commissioner Salazar's question of recommending an "AB" Dismct, Mrs. Goode-Macon
stated that the applicant does not desire an "AB" District or changing lots location between prospective
buyers since the sale is pending.
Mr. Gunning stated that Mr. Love has very specific ideas for development of the subject property.
Public heanng was opened.
Sterling M. Love, 7109 South Staples, stated that the subject property is too narrow and has a
depth of 214 feet which he feels could not accommodate a residential apartment complex.
In response to Commissioner Salazar's question of accepting an "AB" District in lieu of a "B-I"
District, Mr. Love indicated that a prospective buyer wanted to build a nice, upscale steak house at subject
property which the "B-1" District would permit.
Randy Beam, 5866 South Staples, representing Dr. Daewood's dental practice, stated that the
company representing the retirement facility from Cincinnati or St. Louis only needed a portion of the
property, but platted the entire tract as an "R-2" Dish-ict and filed a preliminary plat for the remaining
portion that was not needed as an "AB" District on the end of the location. The highway department has
only granted Mr. Love 2 driveways on the subject property.
In response to Chain-nan Berlanga's question, Mr. Beam stated that all surrounding professional
offices should recognize that there will be a need to provide cross over agreements.
Mrs. Goode-Macon indicated that the Tract 2 recommended for a "B-I" District aligns with Lots
4a, 5, and 6 for the proposed office uses. Tract 1 recommendation as an "AB" District does not meet the
applicant's needs for the proposed retail/restaurant uses.
The public hearing was closed.
Commissioner Braselton slated that he supports the "B-I" District for the subject property.
Motion was made by Corrmaissioner Braselton, seconded by Commissioner Salazar to approve
"B-I" Neighborhood Business District for the subject property. The motion passes unanimously with
Pusley and Smith being absent.
H:\PI.N-DIR~SHARED\Gail\WORD~AGENDMEM~2005~Vlay\0'~05432 Minutes Excerp~ doc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY STERLING M. LOVE, BY CHANGING THE ZONING MAP IN
REFERENCE TO STERLING CORNERS, BLOCK 1, LOT 4, FROM "R-
lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Sterling M. Love for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
May 4, 2005, during a meeting of the Planning Commission, and on Tuesday, June 14,
2005, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Chdsti, during which all interested persons were allowed [o appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION I. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Sterling Corners, Block 1, Lot 4, located along
South Staples Street and approximately 500 feet north of South Staples Street and
Lipes Boulevard Intersection, from ""R-1 B" One-family Dwelling District to "B-1"
Neighborhood Business District. (Map 044032)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:~.EG-DIR~loseph~Zoning-05~505~2Regular.doc
Page 2 ol~ 3,
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Counc# (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED
For City Attorney
2005
Henry Garrett
Mayor, The City of Corpus Chdsti
H:~-EGA31R~J osep h~.o ning-05'~505-02 Reg ula r .doc
Page 3 of 3
Corpus Christi, Texas
__day of ,2005
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,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:~EG-DIR~oseph~Zoning~5~)505-02Regular,doc
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 06/14/05
AGENDA ITEM: A public headng will be held June 14, 2005 by the Corpus Christi City Council
on the annual budget adopted by the corpus Chdsti Crime control and Prevention District Board
of Directors. The public hearing will be held during the regular City council meeting that
commences at 10:00 AM, in City council Chambers, First Floor, City Hail, 1201 Leopard, Corpus
Chdsfi, Texas. Any resident of the District is entitled to be present and participate at the hearing.
A copy of the proposed budget may be obtained in the office of the Corpus Christi City
CITY STAFF available to answer questions
Name Title
1. P. Alvarez, Jr. Chief of Police
2. Bryan Smith Commander
3. Pat P.Eldddge Police Administration Manager
4. Eddie Houlihan Acting Director
OUTSIDE INDIVIDUALS available to answer questions
Name 'T'ltJe/Posiflon
1. Lar~y Baker V~ce-Chairman
[~ptJDivieion
Police
Police
Police
Mgt and Budget
Organization
Crime Conbol Board
ISSUE: By State statute, the City Council is required to hold a public headng on the Crime
Control and Prevention Distdct adopted FY 2005/06 budget no later than the 45a day before the
fiscal year begins.
REQUIRED COUNCIL ACTION:: By State statute, the Distdct is required to hold a public
headng on the proposed budget no later than the 100rh day before the fiscei year begins and
must adopt the budget no later than the 80rh day before the fiscal year begins. The Board of
Directors of the Crime Control and Prevention District heh:J a public headng on April 20 and
adopted the budget on Apdl 20, 2005. The public hearing by the City Council was advertised in
the Corpus Christi Caller Times on June 4 as required 10 days before the public hearing. The
City Council must approve or reject the budget no later than the 30~ day before the fiscal year
begins (scheduled for June 21, 2005).
Attachments: Adopted budget
City of Corpus Christi
Crime Control & Prevention District
FY-2003/2004 Actual Year End Numbers
FY-2004/2005 Year End Estimates
FY-2005/2006 Proposed Budget
CRIME CONTROL & PREVENTION DISTRICT
TABLE OF CONTENTS
Page
No.
1
2
3
4
5
6
7
8
9
10
11
Program
Financial Statement
Police Officer Costs
Support Personnel
Pawn Shop Detail
MDT/AVL Technical Support
Street Lighting
Public Safety Vehicles & Equipment
Juvenile Assessment Center
Citizen Advisory Councils
Juvenile City Marshals
5 Year Revenue & Expenditure Projection
11711
11712
11713
11714
11716
11717
49002
49008
49010
Crime Control & Prevention Dlstrlc!
FY-2003/2004 Actual Revenue & Expenditure Numbers
FY-2004/2005 Year End Revenue & Expenditure Estimates
FY-2005/2006 Proposed Budget
Actual Amended Estimated Proposed
2003-2004 2004-2005 2004-2005 2005-2006
Beglnnln§ Balance 2,195,883 2,109,897 2~10@,897 1~906,090
Revenues
Sales Tax 3,889,730 3,938,782 4,018,139 4,138,683
In[erest on Investments 22,808 41,712 38,446 51,560
Interest Earned-lnterfund 1,184
Sale of Scrap/City Property 6,035 2,233
Miscellaneous 7
Total Current Revenues 3,919,757 3,980,494 4,058,825 4,190,243
Total Funds Available 6,115,641 6,090,391 6,168_,722 6,096,333
Expenditures
Legal Advisor
Police Officer Costs 3,575,938 3,519,627
Support Personnel 69,547 72,162 57,909
Pawn Shop Detail 62,572
MDT/AVL Technical Support 103,815 122,558 102,206 106,102
Street Lighting 11,393
Public Safety Vehicles & ~ulp. 3,111 109,000 108,338 109,000
Police Academy Costs
Election Cos[s
JuYenlle Assessment Center 304,862 339,139 337,913 350,912
Citizen Advisory Council 4,764 10,003 9,92.2 10,003
Juvenile City Marshals 118,578 126,717 126,717 134~601
Total Expenditure,; 4,005,743 4,355,516 4,262,632 4,520,011
3,327,100 3,809,393
Ending Balance 2,109,897 1,734,676 1,906,090 1,576,323
Surplus / (Deficit) (85,985) (375,021)
1. Public Safety Vehicles & Equipment:
Replacement vehicles reduced from 8 to $ vehicles as per board action.
I
2. Support Personnel: ~
Functional Analyst position transltloned to MIS as per board action,
(203,807) (329,767)
Crime Control & Prevention District
Police Officer Costs/11711
Expenditure Budget
Actual Amended Estimated
2003-2004 2004-2005 2004-2005
Proposed
2005/2006
Salaries & Wages
Overtime
Other Pay
Retirement
Group insurance benefits
Clothing
Fuel & lubricants
Food and I'ood supplies _
~-ooks & periodlcals
Minor tools & equipment
Minor computer equipment
Office supplies
Prol'esslonal services
Vehicle repairs
Mileage reimbursement
Postage & express charges
_Equipment maintenance
Travel
Supplemental Insurance
Self Insurance allocation
Other equipment
Reimbursement
Total Costs
2,078,649 2,157,767 2,052,863
164,124 181,492 209,164
102,201 126,399 145,556
451,849 511,239 498,906
277,692 325,451 325,451
26,159 35,281 27,281
20,965 29,559 54,559
265 150 150
2,395 3,179 3,179
1,842
659 4,122 872
324 1,077 602
141 902 753
(1,256)
2,189,976
222,803
175,437
561,125
357,996
28,000
55,000
150
3,180
1,0OO
8OO
75O
1,988 ~ 1,033 2,000 2,000
37,200 37,200 37,200 37,200
161,904 161,088 161,088 173,975
3,327,100 3,575,938 3,519,627 3,809,393
Schedule Of Police O~cer Deployment:
Universal Hiring Program
Additional Ofi'lcers - July 1999
Additional Oi'flcers - February 200~ __
Additional Officers - July 2000
Additional Oh'lcers - April 2002
To(al Police O~ficers
10
15
10
10
50
Positions:
Police Officers
2003-04
5O
2004-05
5O
200506
50
2
Crime Control & Prevention District
Support Personnel/11712
Expenditure Budget
Actual Amended Estimated Proposed
2003-2004 2004-2005 2004-2005 2005/2006
Salaries & Wages
Overtime
Other pay
Retirement
Group Insurance benefits
Fuel & lubricants
Office supplies
Yehlcle repairs
Self insurance allocation
Total Costs
46,186 43,865 34,275
1,271 2,000 505
935 737
9,194 9,648
5,412 9,719
68
7,218
9,719
6,480 6,192 6,192
69,547 72,162 57,909
Positions: 2003-04
Office Assistant II 0
Senior Staff Assistant 1
Functional Analyst V 0
Functional Analyst 1
Public Safety Dispatcher 0
Crime Scene Technician I 0
Total Positions 2
Functional Analyst position transltloned to MIS In F-Y-2005/2006.
I
2004-05
0
0
0
1
0
0
1
2005-06
0
0
0
0
0
0
0
Crime Control & Prevention District
Pawn Shop Detail/Il713
Expenditure Budget
Actual Amended Estimated Proposed
2003-2004 2004-2005 2004-2005 2005-2006
Sai_a~'l~s & Wages 41,776
Overtime
Other pay 644
Retirement 8,260
Group insurance bene[its 5,412
Olfice Supplies
6,480
Sell' insurance allocation
Total Costs 62,572
Positions: 2003-04 2004-05 2005-06
Of[Ice Assistant II 0 0 0
Senior Staff Assistant 2 0 0
Total Positions 2 0 0
Program phased out in 04/05 by board action of meeting on 03/17/04.
4
Crime Control & Prevention District
MDT/AVL Technical Support/11714
Expenditure Budget
Actual Amended Estimated Proposed
2003-2004 2004-2005 2004-2005 2005-2006
Salaries & Wages 72,545 90,306 73,594 75,270
Overtime 923 1,600 1,600 1,600
Other pay 113 884 869 884
Retirement 14,178 _19,209 15,584 16,857
Group Insurance benefits 9,576 4,367 4,367 4,804
Minor computer equipment
Office supplies
Self Insurance allocation 6,480 6,192 6,192 6,687
Total Costs 103,815 122,558 102,206 106,102
Positions: 2003-04 2004-05 2005-06
Functional Analyst V 0 0 0
Functional Analyst I I 1
Technical Specialist VI 0 0 0
Technical Specialist 1 I 1
Total Positions 2 2 2
Crime Control & Prevention District
Street Lighting/Il716
Expenditure Budget
Actual Amended E~tlmated Proposed
2003-2004 2004-2005 2004-2005 2005/2006
Professional services
Equipment maintenance
Total Costs
11,393
11,393
Crime Control & Prevention District
Public Sa[ety Vehicles & Equipment/Il717
Expenditure Budget
Actual Amended Estimated Proposed
2003-2004 2004-2005 2004-2005 2005/2006
PurllJcation chemicals
Minor tools & equipment
Minor computer equipment 2,537
Minor office equipment
Office supplies
Vehicle repairs
Postage & express charges
Equipment maintenance 574
Vehicles & machinery
Other equipment
Computer equipment
Total Costs 3,111
107,626 106,690 109,000
1,374 1,648
109,000 108,338 109,000
FY-2002-03-7 replacement vehicles
FY-2OO3-O4-radlos & MDT/A VLS
FY-2004/05-5 replacement vehicles
~-~el.~o'$~ ..... ~ --N~
h-Y-2006/2007-no vehicle purchases
FY-2007/08-5 replacement vehicles
Vehicles reduced by board action of meeting on 03/17/04.
7
Crime Control & Prevention District
Juvenile Assessment Center/49002
Expenditure Budget
Actual
2003-2004
Amended Estimated Proposed
2004-2005 2004-2005 2005/2006
Salar~ & wages~
Overtime
Other pay
Retirement
Group Insurance benelits
Food & lood supplies
Minor tools & equipment
_Minor office equipment
Office supplies
Maintenance materials
Maintenance & repalrs~
Protesslonal services
Temporary services
Postage & express charges
Rentals
168,458 194,787 194,762 200,506
486 2,228 878 1,295
252
31,590 40~784 40,561 43,751
21,984 21,137 21,137 23,250
1,494 1,530 1,530 1,500
100 100 100
163 500 500 400
14,462
1,224 513 2,385 2,700
35,602 48,556 45,556 45,056
1,530 2,600
5,356 4,000
-Mileage reimbursement 1,228 1,530
Telephone/telegraph service __ _ 4,684 ~ 3,856
Building maintenance & serv.
Training-general
Printing advertising & PR
PrinUng outside print shops
Travel
750 750 750
500 500 500
363 750 750 750
150 150 150
1,501 1,020 1,020 1,520
20,448 22,084
337,913 350,912
Sell' Insurance allocation 21,372 20,448
Total-~osts 304,862 _ 339,139
Posi i~n s: FYE200-2/20~3 -- ' 2003-04
Office Assistant II 0
Staff Assistant 1
Intake~lnvestlgative Specialist 2.6
Program Manager 0
Juvenile Assessment Center Supt. 1
Case Manager 2
Administrative Assistant 0
Total Positions 6.6
2004-05 2005-06
0 0
0 0
2.6 2.6
0 I
I 1
2 1
I 1
6.6 6.6
Crime Control & Prevention District
Citizen Advisory Council/49008
Expenditure Budget
Actual Amended Estimated Proposed
2003-2004 2004-2005 2004-2005 2005/2006
Minor tools & equipment
Minor computer equipment 4,081
Office supplies
Maintenance & repairs 144
Maintenance materials
Professional services
Postage & express charges
Telephone/telegraph svc.
Memberships & dues
Printing advertising & PR 539
Total Costs 4,764
2,003 2,522 2,003
4,000 3,400 4,000
2,500
4,000 1,500 4,000
10,003 9,922 10,003
9
Crime Control & Prevention District
Juvenile City Marshals/49010
Expenditure Budget
Actual Amended Estimated Proposed
2003-2004 2004-2005 2004-2005 2005/2006
Salaries & Wages 50,246 91,174 91-,174 95,983
Overtime _ _20,440 5,000 5,000 5,150
Other pay 113
Retirement 13,512 19,909 19,909 21,926
Group Insurance benefit 8,532 2,894 2,894 3,183
Professional services 17,636
Self Insurance allocation 8,100 7,740 7,740 8,359
Totals 118,578 126,717 126,717 134,601
Positions:
2003-04
Deputy City Marshal
200~-05 2005-065
3 3
l0
City of Corpus Christi
Crime Conb*ol & Prevention Dlatrlct
5-Year Revenue & Expenditure Prolectton
Presented to Board @ February 16, 2005 Board Meeting
Year 1 Year 2 Year 3 Year 4 Year 5
Actual Esllmated Proposed Projected Projected Projected
2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009
Beginning Balance
2,195,883 2,109,897 1,906,090 1,576~323 1,348,245 951,415
Sales Tax Revenue 3,889,730 4,018,139 4,138,683 4,262,844 4,390,729 4,522,451
Interest On Investments 22,808 38,446 51,560 35,467 30,336 21,407
Sale o! City Property/Mlecellaneous 7,219 2,240
Total Current Revenues 3,919,757 4,058,825 4,190,243 4,298,311 4,421,064 4,543,858
Total Funds Available 6,115,640 5,168,722 6,096,333 5,874,634 5,769,309 5,495,273
Expenditures:
Legal Advisor
Police Oil=leer Costs 3,327,100
Support Personnel 69,547
Pawn Shop Detail 62,572
MDT/AVL Technical Support 103,815
Street Lighting 11,393
Public Sal'ety Vehicles & Equipment 3,111
Police Academy Costs
Election Costs
Juvenile Assessment Center __ _ 304,862
CiUzens Advisory Council 4,764
J~uvenlle City Marshals 118,578
Total Expenditures 4,005,743
3,519,627 3,609,393
57,9O9
102,206 106,102
108,338 109,000
3,953,590 4,105,316 4,265,102
61,148
109,000 109,000
75,000
337,913 350,912 362,370 374,423 387,113
9,922 10,0~3 10,000 10,0O9 10,000
126,717 134,601 139,280 144,155 149,237
4,262,632 4,520,011 4,526,389 4,817,894 4,920,451
Ending Balance 2,109,897 1,906,090 1,b-76,323 1,348,245 951,415 574,822
Surplus/Detlcit (85,985) (203,807) (329,767) (228,078) (396,830) (376,593)
Reductions incorporaled in 5 year plan as per Board aclion:
I. Pawn Shop Detail deleted beginning In F"Y-04/05.
2. Reduction of replacement vehicles from 23 lo 15 beginning In P-Y-04/05 thru FY-OS/Og.
3. Support Personnel position of Functional Analyst transitloned to MIS In FY-05~06.
4. MDT/A VL position of Functional Analyst b'ansltioned to MIS In FY-06/07. I
4. MDT/AVL position of Technical Specialist transltioned to MIS In FY-07/08.
22
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 14, 2005
A. AGENDA ITEM: A Public Headng on a proposed amendment to the comprehensive plan
of the City o1: Corpus Chdsti by amending the Cibj of Corpus Chdsti Parks, Recreation, & Open
Space Master plan by amending subsection 10 of section 8.2 by adding provisions for playground
equipment and green spaces in neighborhood parks; reconfirming the top 10 list of highest pdodty
recreation facility needs in section 9 2; providing for repeal of conflicting ordinances; and providing
for severance.
B. AGENDA ITEM: First reading ordinance amending the comprehensive plan ol~ the City of
Corpus Chdsti by amending the City o[ Corpus Chdsti parks, recreation, & open space master plan
by amending subsection 10 or section 8.2 by adding provisions [or playground equipment and green
spaces in neighborhood parks; reconfirming the top 10 list of highest pdodty recreation fadlity needs
in section 9.2; providing for repeal of conflicting ordinances; and providing for severance.
ISSUE: There is a Contradiction within the Parks Master Plan conceming installation and
replacement of playground equipment for smaller neighborhood parks. The Parks and
Recreation Advisory Committee and the Planning Commission have approved the
amendment.
Within Section 8.2 Guiding Concepts and Philosophy, the master plan supports "converting
some of the unused parks into lower maintenance green spaces." While Section 8.6
Development of Needed Park Facilities, recommends "additional playground facilities
throughout the city".
The proposed amendment would add provisions in Section 8.2 for playground
equipment and green spaces in neighborhood parks.
Additionally, that the top 10 list of the highest pdodty recreation facility needs in Section 9.2
of the City of Corpus Chdsti Parks, Recreation, & Open Space Master Plan is unchanged
by this ordinance.
REQUIRED COUNCIL ACTION: Council must approve any amendments to Master Plans.
PREVIOUS COUNCIL ACTION: City Council adopted the City of Corpus Chdsti Parks,
Recreation, & Open Space Master Plan on November 19, 2002.
CONCLUSION AND RECOMMENDATION: Staff recommends the Amendment to the
Corpus Chdsti Parks, Recreation and Open Spaces Master Plan.
Sally G~lik, Director t
BACKGROUND INFORMATION
In accordance with proper no{ice !o the public, a public hearing concerning the Corpus
Christi Parks, Recreation and Open Spaces Master Plan was held on Wednesday,
October 23, 2002, during am, cc~ing of the Planning Commission and on Tuesday,
November 12, 2002, during a meeting of the City Council.
The Corpus Christi City Council approved the Corpus Christi Parks, Recreation and Ope~
Space Master Plan on November 19, 2002.
The Parks, Recreation Advisory Committee recommended approval of the contents of
the Ordinance on May 11, 2005 and the Planning Commission, after a public hearing,
recommended approval on June 1, 2005.
Page 1 of 3,
AN ORDINANCE
AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS
CHRISTI BY AMENDING THE CITY OF CORPUS CHRISTI PARKS,
RECREATION, & OPEN SPACE MASTER PLAN BY AMENDING
SUBSECTION 10 OF SECTION 8.2 BY ADDING PROVISIONS FOR
PLAYGROUND EQUIPMENT AND GREEN SPACES IN
NEIGHBORHOOD PARKS; RECONFIRMING THE TOP 10 LIST OF
HIGHEST PRIORITY RECREATION FACILITY NEEDS IN SECTION 8.2;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR SEVERANCE.
WHEREAS, the Park and Recreation Advisory Board and the Planning Commission
have forwarded to the City Council their reports and recommendations concerning
amending Subsection 10 of Section 8.2 of the City of Corpus ChdstJ Parks, Recreation,
& Open Space Master Plan, an element of the Comprehensive Plan of the City of
Corpus Christi; and
WHEREAS, in accordance with proper notice to the public, a public headng was held on
Wednesday, June 1,2005, dudng a meeting of the Planning Commission and on
Tuesday, June 14, 2005, during a meeting of the City Council, in the Council Chambers
at City Hall in the City of Corpus Chdsti allowing all interested persons to appear and be
heard; and
WHEREAS, under the laws of the State of Texas and the City Charter of the City of
Corpus Chdsti, the City Council shall adopt the comprehensive plan and amendments
to the comprehensive plan by ordinance; and
WHEREAS, the City Council has determined that the amendment of the City of Corpus
Chdsti Parks, Recreation, & Open Space Master Plan, an element of the
Comprehensive Plan of the City of Corpus Chdsti, would best serve public health,
necessity and convenience and the general welfare of the City of Corpus Chdsti and its
citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Comprehensive Plan of the City of Corpus Christi, Texas is
amended by amending Subsection 10 of Section 8.2 of the Cit7 of Corpus Chdsti Parks,
Recreation, & Open Space Master Plan, an element of the Comprehensive Plan, by
adding provisions for playground equipment and green spaces to read as follows:
"8.2 Guiding Concepts and Philosophy
"The following concepts serve as the basis and foundation for the Parks Master Plan
recommendations. They are dedved from the needs assessment and citizen comments
throughout the process.
C:~ D~y~e.03.05~p.%7ORDO3~Com p Develop.Plan\05.0606DC Amend. Parks. Mas[er.P~an.doc
Page 2 of 3,
"10. The quantity of smaller neighborhood parks continues to be more than the
resources of the city can care for. Divestment of a few more small park spaces may
be feasible, but is not an answer for all of the smaller parks. Rather, the greater focus
should be on developing a neighborhood by neighborhood plan for addlnq and/or
replacin~ olav(3round e~uioment where needed in nei(~hborhood parks and converting
some of the underused aP~sed-I~ark area 7.~.,~.~ into iN lower maintenance green
spaces; and no other recreational amenitJes shall be included in nelclhborhoed parks.
Recommendations to address this are contained in this chapter."
SECTION 2. That the City Council has reviewed and hereby reconfirms the top 10 list
of highest priority recreation facility needs in Section 9_2 of the City of Corpus Chdsti
Parks, Recreation, & Open Space Master Plan.
SECTION 3. That the City of Corpus Chdsti Parks, Recreation, & Open Space Master
Plan establishes the City of Corpus Chdsti's policies for growth and development of
parks and recreation services and the acquisition and preservation of open spaces
within the City. The City of Corpus Chdsti Parks, Recreation, & Open Space Master
Plan is a portion of the master and general plan of the City.
SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed. Where any provision of this ordinance imposes standards or
restrictions different from those imposed by any other prevision of any other City
ordinance, rule, or regulation, the provisions of this ordinance shall control.
SECTION 5. 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. Therefore, if 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.
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Page 3 of 3
The foregoing ordinance was read for the first time and passed to its second reading on
this the 14"~ day of June, 2005, by the following vote:
Rex A. KJnnlson
John E. Marez
Jesse Noyola
Mark Scott
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
The foregoing ordinance was read for the second time and passed finally on this the
21st day of June, 2005, by the following vote:
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED on the 21st day of June, 2005
Al I EST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
D AS TO LEGAL FORM 8 June 2005
~yle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attomey
For City Attorney
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Dote: June 14,2005
MoOon authorizmg the City Manager to execute on behalf of the City a Collective Batgaimng Agreement
vath the Corpus CImsti Fire Fight. s' Associalion. From Augms't !, 2003 thru July 31. 2005, as negotiated
by the City and associalion representatives.
ISSUE: The City of Corpus Christi bargains with the Corpus Christi Fire Fighters' Association for
wages, benefits and conditions of employment for the City's fireflghters pursuant to Chapter 174 of the
Texas Local Government Code. A collective bargaining agreement resulting from the negotiations Is
then ratified by the members of bargaining unit and approved by the Council.
REQUIRED COUNCIL ACTION: Approve the motion directing the City Manager to enter into the
contract negotiated the City of Corpus Christi and the Corpus Christi Fire Fighters' Association.
PREVIOUS COUNCIL ACTION: The Council, through the City Manager, has collective bargained
with the Fire Fighters' Association since the mid seventies to provide wages, benefits and working
conditions for the City's flreflghters.
CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve a motion
authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi
Firefighters' Association.
Attachments: Proposed collective bargaining agreement.
C:~Documents and SetfingsWilS~VIy Documents\CouncilAgendaltem Fire Cobh'act05 doc
BACKGROUND INFORMATION
The City and the Fire Fighters' Association have tentatively agreed to a contract pursuant to Chapter
174 of the Texas Local Government Code. An election for ratification of the contract is scheduled
for June 9 and June 10, 2005. If successfully ratified the contract will be submitted to Council on
June 14, 2005. The City has agreed to a monetary settlement of the following:
1. 2.25% raise to salaries effechve 8/1/03;
2. 2.25% raise to salaries effective 11/1/04;
3. A one-time contr/bution of $13,000 to the supplemental insurance amount sent to the
Association;
4. An increase of $12.50 a month to the uniform allowance effective 8/1/04;
5. An increase of $2 to the meal allowance of $4 for Firefighters who are on a call during a
mealtime;
6. A one-time increase of $25.00 per firefighter to the performance pay amount of $150.00
scheduled for November 2005;
7. Addition of education pay in the overtime calculation;
8. Addition of the district chiefs to the callback rotation.
Other changes to the agreement include:
1. Language and formulas describing the City's method ofpayment for salaries and other
pay. This improves the City's position in the future as to state and federal law overtime
claims as well as claims on payment of vacation and sick leave.
2. Language giving the Chief more discretion in e'ntering into agreed discipline with
employees.
3. Increase in the number of personal leave days to equal the number for civilian and
police employees
4. Acknowledgement that the title of First Assistant Chief is now Deputy Chief.
5.31.05 FINAL CONTRACT
City Proposal
AGREEMENT
BE'rWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS' ASSOCIATION
J AUGUST 1,200_35 THROUGH JULY 31, 2005,3
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
THE CORPUS CHRISTI F~REFIGHTER$ ASSOCIATION
(August 1,200~ to July 31.
TABLE OF CONTENTS
Preamble ........................................................
A/'tlcte I - Deflnlt. Jon~ .....................................
Article N · Recognition and G~n~raJ ProvlslOnl
1. Reca3gnlflo~s ....................................... 22_
2. Amendmem~ ........................................ 2-_3
3. Prevallng RJghls ................................. 2_3
4. Rulb~gs and Reco~s of Cl'~
Se rvtc~ Commiss. k:~ .......................... 23_
Artlcl~ IH - Nom:U~rlmlnaUo~ ..................... 33
Artlc~ IV. Woddng Condltlone
1. Work We~ and Duty Hours .............. 4~_
2. Fire Preve~ion and Tralnlng D~visk)n
Work Week ....................................... 4_5
3. OverUme ........................................... 4,~
4. CalI-Bac~s ......................................... §7
5, ]~tness ..................................................
6. Holidays and Vac~Uon ........................ ~.
7. pe,"sonal Leave ...................................
Working out of Ck3ccifio~fion ................6
B. Uniforms .............................................. 6_9
g. Miteacje Aflow-~nce ....................
Educ~Uo~ Ine~nl~lvo I~a¥ ....................7
10. MeaJ~ ............................................... 71_11
11. Retie[ ........................................... 8-1412
- ~ck Leavo and Va~Uon [~o~ng.....-~8
12. Use of ~ Leave in the Evenl o[ Dea63
Or SeriOUS Itlness in the Imme~ate
Family .......................................... 844-12
13. Assignment Pre[efenoe Fo~ms ........ 812
14. Reasslg~'m~ent [T~n Fire Prevention .8,12
15. Station Asaignment by Ser~3dly ....... 812
Podormonoo ^~,~3 rd ............................. 9
16. Employe~ Asslgne~ b3 Spe~alized
Training ............................................ 91_33
Article V - Wages
1. Wages ......................................... ~t314
2. Longevity Pay ............................... ~,1_5
3. CerUflcaUon Pay .............................
4. Asslgnrnent Pay .............................. ~4-16
5. Workinq Out of CiasslficaUon .......... !~17
6. EducalJ~ IncenLive Pay .................... 17
7. Pedormence Award ............................ 18
8. Saint,,, of Depu h' Chle/and A.,.~stant
Chle[s 18
9. Pa',' Pedod5 ........................................ 18
10. Pay 8nd FIs(:al C~r~ainty ..................
Artk~, ~. Em~gency M~cal 1. Ce~flcal~on Requlrernen t ..........
2. Service Requlreme,-lt ..................... ~2~_
3. Assistant EMS Dfi'ector ..............13~Q~1
4. Reae. s/,gnment or FIrel~ghte*' II
ElvlTR:lmtlghl~' II Pa~medk~.... 13~-~J21
5. Volunla,'y D~noSon of Flreflghter II
EMT/Paramedfcs ..................... 13~122
6. EM'F Ce~tfon AJ=ta~ Pmmotto.~!32122
7. PmmoUon ~ Fim~ght~' II/~ng~eer
or Ca~0taln .................................... 132122
AJ'~cle Vll o Unio. Actlviti.
1. Payroll Deduct~ o[Dues .......... !~.2122
2. NegoUaU~g Te~m ...................... 14?.~23
3. Unlo~/~ ........................... 1
4. Pmside~t's T~e Off .................. 1E~324
5. Other Unlo~ FLmc~n$ ............. 1E~324
6 City Factlit~ea .............................. !§2324
8. OflentaUo~ ................................ !E2'~25
9. At,on Outside Oily Lkn~ ..........
10. Notlflca~<~ of Pn:~'not~,n ............
11. padies In Setect Their Ow~
12. C~b'act Adm~ls~'alkm ............... 1
1. I~geme~t Func~,3r~ .............. 152E26
2. P~u~ and RegulaU~s ..............
3. No~lnle~e~ce Wlfl~ Personal Uve=!
4. $~la~ of First .~ct~nt Chk~¢ and
Article IX - Employee S~ectJon and PromoUon 1. O~e~taUofl ~3r Fim6ghter II Drive~s
and Ca,olains ............................. 17~27
2. PTomo§orlat Examina~3~ls
FIreRghter II's and Capbak~s ....... !82~27
4. App~nlment of Deputy ~hiefand A,~;ictnnm Fire
Article X - Grl~van~ Pro~.e~ure 1. Sc~pe of Gdevamce Procedure.. 2130:~1
2. Right [o Present Grievance: Union
3. P~re fi~r Handling
4. As~lra~3~ of Grlevam~ .............. 223~. 33
5. Payment while ParBcipating In Grievance
and P~ot~'atta~ Procedures ......... 2~,~,~4
6.,e~5~sais From PrornoBonal
7.Sc~p~{~n by Acjro~rn~n[ ..................
Article Xll - Health & Welfarm
I L~bo~-Manageme~[ Commi~e..
2. h:lentiflcal~m Cands ...................
3. Health Insurancla and Lif~
4. Disablity .....................................
5~ Sick L~ave and Retimm~'~[ Pa~4 3~ ~,~ ~2
6. Toxic~:4ogy Reporbt .....................
7. Mand~3~ Op~g Tes~ng ............
8. Accrualo~Vac~Bo~ Day~ ............ 32~
1. Legal [~s~ .............................
Artlc~ XW- .4a~ocMtl~ H~lth ~nd
3.
Conflict wi~ CAvil Servica Stab,re ....... 36
Copies of Agreement ....................... 36
Concluding Provtslo~ .............................. 374050
Attachment 1 - Fire Department's AJcohol
and Drug Pok~-'y .............. 3.~.9~1
Att~ohmo~t 2 Vac~IJ¢~ Dina up Loire,.... §667
Appendix "A' - D~e~ Deduction
,A~Jtf~3~.c~uon ................ ~5~
.'~opandlx 'B' - ,S~:ia( As sessmen t D~:luc:~n
Aut~odza ~on .................
Al3p~mdix "C' - Temllnallon of Regula,- ar
Special Dues Deduction
Aatt~adz~an .................. ~.?~9~
PREAMBLE
The following agreement is made by and between the City of Corpus Chdsti, Texas,
hereafter referred to as 'the City'. and the International Association of Firetighters, Local
Union 936, hereinafter referred to as 'the Union.' The City and the Union agree that the
establishment ol' i~air and reasonable cornpensatJon and other conditions of employment is
a pdmary purpose of this agraemont as we~l as the promotion of harmonious relationships
between the CYty and the Union. This agreement has been negolJated through the
collective bargaining process with the objective of serving the aforementioned purpose and
with the [urther object of fostering effective cooperation between the City and its
Fireflghters. Now, therefore, in consideration of mutual promises and agreements
contained herein, the parties agree as feilows:
ARTICLE I
DEFINITIONS
1. "Cib/' means the City of Corpus Christi.
2. "Union' means the International ASSOCiation of Firefighters, Local Union 936.
'Employee' means any sw3rn, certified, full-time paid employee who regularly
serves in a professional fire fighting capacity. The Fire Chief and all civilian non-
uniferrned employees are excluded from receiving wages or bene~ts as provided
under this contract, and therefore are not inciuded within the del~nition of employee.
"Members' means any employee who is on the membership list of and pays dues to
the Union.
5. "Supervisor" means any officer with the rank of Fire Captain or above.
"CJwl Service Commission" means the Civil Service Commission of the City of
Corpus Chdsti.
7. "Chief of the Depadment' means the Fire Chief of the City of Corpus Chdsti.
8. "City Manager" means the City Manager of/he City of Corpus Chdsti.
"Chapter 143" means Chapter 143 of the Local Government Code, Vemon's Texas
Codes Annotated. 1987. Article 5154c-1 shall mean 'chapter 174 Fire and Police
Employee Relations' of the Vernon's Texas Codes Annotated. Local Government
Code, Chapter 174.
10. 'Firetighter Trainee' means an individual employed by the Fire Depadment who is
attending the Fire Academy and who has not graduated
11.
"Fire academy' means all training necessary to prepare and certify firefighter
trainees for employment as a firefighter, to include State firelightar certificalion, and
initial State EMT, and Paramedic cedilication.
12.
"Certified EM'I'" (Emergency Medical Technician) means a lqra§ghter who has a
current corflfica§on as an Emergency Medical Technician from the apprepdata State
agency, and who maintains a current authorization to function as a medical care
provider by the Corpus Chdstl Flra Department's Medical Director.
13.
"EMT Certification" consists of a current certification as an Emergency Medical
Technician from the appropriate State agency, and a current authorization to
function as a medical care provider by the Corpus Chdsti Fire Departmant's Medlca~
Dira~or.
14.
"Certified Paramedic' means a §rafighter who has a current ced:lOcation as an
Emergency Medical Technldan-Paramedlc, or a current license as a Licensed
Paramedic, Eom the appropriate State agency and who maintains a current
authorization to funclion as a medical care provider by the Corpus ChdstJ Fire
Department's Medic. el Director.
15.
"Paramedic Certification' consists of a current cartilicetion as an Emergency Medical
Technician-Paramedic. or a current license as a Licensed Paramedic, from the
appropriate State agency and a current authorization to function as a medical care
provider by the Corpus Chdsli Fire Department's MedicaJ Director.
16.
"Probationary Peded' shell be 18 months from the date of hire, unless a flraficlhter is
unable to obtain initial paramedic certification within twelve months from the date of
hire. if a firefiqhter fails to obtain paramedic certification within twelve months of
date of hire, probaUon shall extend from date of hire until six (6) months after
obtaininq initial paramedic certification. Failure to obtain initial cer[ificaUon within
eiqhteen (18) months from the date of hire shall result In termination as Der Article IX
Section 5.
ARTICLI~ II
RECOGNITION AND GENERAL PROVISIONS
Section 1. RecOg~lltions.
The City recognlze, s the Union as the exclusive bargaining agent for a bargaining unit
consisting of each swom, certified Fireflghter in the Fire Department of the City of Corpus
Chdsfi.
It is understoed that this bargaining unit does not include the Chief of the Department
and does not include civilian non.uniformed pemonnel.
It is understood that this bargaining unit does not include Firelighter trainees enrolled In
the F~re academy, but that such pers~3ns become members ol: the bargaining unit at the
time they graduate [Tom the Fire academy.
Section 2. Axnendments.
The Union and the CIW may joinUy agree to negoUate possible changes in the contract
dunng its term. Such nagotiatlons shall be set at the convenience ol= both parties. In order
[or the contract to be amended both parties must agree upon the amendment.
Amendments to the contr'act must be ratified by appropriate parties.
Section 3. Prevallln~ RJght~.
Ail dghts, privileges, and ~:)rking conditions enjoyed by the employees at the present
time, which are not specifically mentioned in this agreement, shall remain in ~JII force and
effect and shell not be diminlsbed in any manner dudng the te~'rn of this agreement, unless
by amendment by mutual consent of the parties.
Section 4. RulinJls and Records of Civil Service Commission.
All rules, opinions, directives, decisions, and orders issued by the Civil Sen/ice
Commission shall be preserved In written minutes, Such actions need not be copied
verbatim in the minutes; it shell be suffictenll to accurately summarize such actions. The
Chairman or, in his absence, the V'~ce-Chairman of the Commls...Non shaJl sign the minutes;
the signatures of the c~ncurdng members on any action shall not be required. The
Commission may, ii' it desires, cause any rules, decisions, directives, o1' orders to be
reduced to writing, apart [rom the minutes. Ail such written records of the Commission
shall be public records. The City will notify the Union o~ any items on the CMl Se~'vica
Commission's agenda that may affect F~refighters and/or the Fire Service.
ARTICLE III
NONDISCRIMINATION
This agreement appties equally to all Firefighters ol~ the City ol~ Corpus Chdsti, and the
par'des agree to apply the provisions of this agreement to all F]refighters without
discrimination because of race, color, sex, age, religious c;ree<l, nalional origin or Union
affilial~on.
Spedfically, the City will not:
(1) Intedere with, restrain, or coax'ce employees in the exercise of their right to organize
and bargain collecliveiy as provided by law, or in the exercise of righ(s provided by
[his agreement; or encourage or discourage membemhlp In er support of the Union;
or interfere with the administration of the Union;
(2) Discharge or olher~se discriminate against any employee in regard to tenure of
employment or any term or condition of employment on account of membership In
or support of the Union, or on account of any lawful Union activity.
Specifically, the Union will not:
(1) Interfere with, restrain or coerce employees in the exercise of their dght to organize
and bargain collectively as provided by law, or in the exemise of dghts provided by
this agreement;
(2) Cause or attempt to cause any employee to discdmlnalo against any other
employee because of the employee's membership or no~-membership in any
employee organization, or in any manner prohibited by this agreement.
ARTICLE IV
WORKING CONDITIONS
Section 1. Wo~ Week and Duty Hours.
A. The regular v,~3rk shift for fire lighting personnel assigned lo lire suppression or
emergency medical services duties shall be based upon a schedule of tw~pl;y four
~.24) hours on and forty eiqht ~.48J hours off for a yearly average of fifty four ~.54~
hours per week. Fer purposes of ove~me catculalions under the Fair Labor
Standards Act, the City shall utilize a twenty seven [27.) day work cycle; sick leave,
vaca§on and 'Kelly Days' will not be considered as time worked for said overtime
calcula§ons.
B. The regular duty hours for each shift shall begin at 8:00 a.m. on the day to be
worked and shall end at 8:00 a.m. on the following day. For employees required to
work the twenty four ~_24.) hours on and forty eiqht ~.48~ hours off schedule, twelve
~.12J scheduled working hours shall be counted as once ~.1~ werk day for vacation or
sick leave purposes.
C. Any work required in holdover from a shift as a result of a late return to the station
from a fire call or ambulance caJI, shall be compensable to the nearest fifteen ~.15.)
minutes. The preceding sentence shall not apply where the holdover was a result
of the employee having been ordered to be on standby or by his having been
dispatched to a fire as a part of the relief for another crew In any event, where the
holdover period exceeds fifteen {15) minutes the employee shall be compensated
for the entire holdover period at Ihe overtime rate.
D. If an employee is absent from work for a full calendar quarter, as a r,~sult of an
on-duty Injury, the employee will acorue no 'Kelly Days' attributable to that calendar
quarter.
E. The fimfiqhters understand and aqme that the CJh' compensates them in full for all
their rec~ularlv scheduled hours. Fireflqhte~s assiqned to fire suppression ~
ernerclency medical sm"vfces receive slraic~ht time monetary cornoensaUon to work
two hundred sixteen (2161 houm in each twenN seven (271 day work pedod.
Section 2. Fire Prevention and Training Division Work Week.
A. The regular work week for personnel assigned to the Fire Prevention or Training
C)ivislon shall be forty .(.40} hours por week. The regular weekly schedule will be
four ~ ten .(10.) hour shifts pe~ week. If the stalling level in the Fire Prevention
Division Palls to 50% or less of the required level for that activity, the Fire Chief, at
his discretion, may alter the regular weetdy schedule of the employees assigned to
that activity. In the Training DMs]on, the Rm Chief, at his discretion, may alter the
regular weekly schedule at any time. A four (4) ten .(.10) hour day weekly schedule
will begin at 8:00 a.m. and will end at 6:30 p.m. with a thidy ~.30) minute unpaid meal
pedod.
B. Employees assigned to the Fire PreventJen or Training Division may elect, once
each year and with the approval of the Fire Chief, to work a weekly schedule of five
~5) eight ~SJ h(:xJr shifts. This elecfien will continue in effect for a year. subject to
alteraaon by the Fire Chief as provided in paragraph A above.
C. Employees who work a weekly schedule of four ~ ~en ~10) hour shies will accrue
and use, on an annual basis, three ~3~ ten J:10) hour personal leave days, as
provided in Article IV, SeclJon 7, and seven ~ ten ~.10) hour holidays. If the
employee does not work a weekly schedule of four 4.~ ten ~.10) hour shifts for an
entire year, the personal leave and holiday hours acoued for that year shall be
prorated accordingly.
Section 3. Overtime.
All employees shall be paid for authorized overtime work at the rate of 1-1/2 times the
regular rate
"Reqular rate" and "reqular rate of pay' after the date of execution of this aqreement
means base [:)ay, Ionqevitv, educa§on incentive, assi~3nment and cedJficatio~ pav onlv
Such rate for positions
with scheduled work weeks other than forty ~.40J hours shall be computed on the basis of
173.33 hours per month for payment of cycle pay and holiday pay. All other oved~ma will
be computed on the basis of one hundred and ninety five ~.195j hours per month. OvertJme
will be computed onty for actual hours worked over the scheduled work week
Compensatory time off equal to the actual hours of overtime may be taken in lieu of
overtime pay upon the mutual agreement of the department head and the employee.
Overtime shall be computed to the nearest quarter hour. The conceptual formula for the
payment herein [or overtime work a['tor the date of executio~ of this a~reemenl is set forth
in A,opendix D.
Overtime at the rate of 1-112 times the regular rate of pay will be paid I:or w~rk
performed on any City holiday as per Section 6 of Article IV.
Any off-duty Firefighters who ara called back to duty or subpoenaed to give teslimony
in court about events adsing out of their employment shall be compensated at the rate of
1-1/2 Urnes the Flreflghte~s regular rate ol' pay from the Ume the F'iraflghtor Is ordered to
report to dub/. and shall be paid I:or the actual time worked in that shift or for a minimum of
three (3~ hours for any one (11 call-back Incident.
Compliance Provision.
The par'des aqree and understand that the aqreement of the parties to use 173.33
hours per month I~or cycle and holida,/overtime pay and one hundred and ninetyq'ive (1951
hours per menth for all other overtime pa'/does not conslA'ute the straiqht Ume or regular
rate for re(~ularty scheduled hours of work for purposes of this aoreement
tt is also aqraed and understood that to the extent that the City's cun'ent or
past pavrotl practice is inconsistent or conflicts with the provisions of the Texas Local
Government Cede Section 142.0015 and 142.0016, the provisions of this conch'act or past
contract shall conb-ol.
It is aclreed by the parties that should an'/overtime liability result under the terms of this
conb'act, state law, or the Fair Labor Standards Ac[ that the City is entitled to use an'/extra
overtime premium paid resultinq from usinq overtime rates based on the 173.33 or one
hundrad and ninety-five (195) hours per month which exceed the overtime premium due
calculated [or twenty four (24) hour shift employees on the basis of two hundred and
sixteen (216) hours worked in a twenty seven (27) da'/work pedod to o~fset such liability.
where allowable by applicable law.
It is ft~rther aqraed and understood that to the extent that the methods of determininq
stralqht Ume and overtime pav listed in this aqreement are inconsistent or conflict with the
E-ovisions Of the Texas Local Govemrnerlt Code Section 142.0015, th~ I~'ovisions of this
aqreement shall conb'ol. Should any court rule or hold that the City is not enUUed to the full
credit provided herein, the City or the Association may reopen neciotiaUons dudnc~ the term
of this conLract to address, any issue necessary as a result of such rulinq, and the duty of
h par'ty to barqaln under Texas Local Government Code Chapter 174 shall applY.
Section 4. Call-backs.
The parties have aqreed that the provisions of the currant aqreeq Call back procedure.
Corpus Chdsti F]re Department S~1101.09, shall remain in effect dudnq the term of this
aqreement, un~l superceded by a new aqreement, or upon aqreement of [he Asso~a§on,
and shall ~revail and control over the ~ovlsions pi' this section, to the extenl pi~ any
inconsistency with this section. The call-back provisions in this saclJon are only applicable
in situations where Flreflghters are called back to duty to f~l§ll delb/staffing levels of the
stations and equipment, or for fire and medical emergencies. For the puq~osa pi' call backs
of F~refighter~ assigned to twenW four [24.) hour shifts, the department shall maintain one
1_(_1_)_call-back list for each twenty [our .(24.) hour shift composed of all ranks except
Chicfs 3nd Assistant Chiefs. To be considered ~or daily slalflng call-back, a F]refighter
must have been on duty for a complete twenty tour [')4} hour shift immediately preceding
the call-beck. Firefighters will be called back in numerical order from the first posilJou on
the call~)ack list to the last position on the call-back list. Once an employee has
called back to dub/, shoe/he shall be placed in the last numerical pr~sil~3n on the call-back
list. Firei~(3hters who are on approved leave will not be considered for callback. Firefiqhters
who are on sick leave will not be e(iqible for callbacks until raportinq back to full dub/.
A Fire§ghter re-assigned to another shift shall be added to the call-back list for that shift
and placed in the same numerical posilion held on lhe call-back list before the
reassignment. In the event [hat more than one such F~re§ghter is reassigned with the
same numerical position on the ca§-back list, placemenl, shall be by Io[. A probationary
Firei~ghter who has graduated Eom the Rre Academy will be placed at the boltom of the
call-back list for his or hor assigned shift, provided that placerne~t order at the bottom of
the list shall be determined by lot
For ca§-backs that require staffing by specific rank, ceCdficatio~, or quafir~:;a~ons, only
F~re[ightem on the call-back list who possess [he needed rank, certi§calJon, or
qualifications shall be etigible [or the call-beck. Fire§ghters will not be called back to
perform at e lower rank.
in an emergency, which shall be any unexpected happening or even[ or uni'ereseen
situation or cdsis that calls for immediate action, the Chi~ may bypass employees Eom the
cafi-back roster who reside outside the cib/limits. Said byt~assed employees shall retain
their standing on the roster ~'~ other scheduled call-backs. If the Chie[ or his designee
inadvertently by-passes an employee in an emergency situaUo~, the employee shall retain
his/her standing on the roster unUI he/she is utilized. The Chiei~ shall call the employee,
who is by-passed, to work within a forty five ~45.) day pedod.
Any employee inadvertenLly by-passad in an emergency si[ualion shall within a forty
five (45.) day period be assigned overtime dub/either of an emergency or non-emergency
nature, [or a lime period olF no less than the amount oF ~me he/she would have worked if
he/she had not been bypassed.
An updated call-bac~ list will be provlded to the F~refighter's Asseoialion '.;%h!.". !crt-,;
oight (4~) hourc ol= being updatod on a weeld¥ basis.
Section 5. Illness.
In the event of illness, rite employee shall nolle/the Assistant Chief or Acting Assistant
Chief on duty immediately w'nen bSe employee knows he w~ be absent on account of
illness. Any shift employee absent more than b~vo ~.2) c~nsecuflve work shifts, and any
i~ody ~40.) hour '~ek employee absent more Ihan three [3) consecutive calendar days,
shall be required to furnish a certilicata o1' a physic~n certifying to the illness of the
employee. The Chiel~ may at any lime, by~ written request, call for a rnedicaJ certificate if,
in his judgment, be deems It appropriate for a Just cause.
Section 6. Holidays and Vacation.
A. Holidays. Each employee shall receive the following holidays dudng each fiscal year.
(1) NewYear's Day
(2) Memoflal Day
(3) Fourth of July
(4) Labor Day
(5) Thanksgiving Day
(6) Christi'nas Day
(7) One holiday to be determined by the City. F~re§ghters shall have the same number
o[ holidays, or days in lieu thereof, that are granted to other municipal employees. The
current practice of add{rig hofidays to vscaQ, ort time shall be retained.
B. Vacalior~.
t-t) Firefightars with less Ihan fifteen ~.15) years of service shall be entitled tlfteen
working days vacation a year which shall accrue on the basis of twenty six
biweekly pay periods per year. F~re§ghters with tlfteen £15) years to twenW nine ~.29.)
years of continuous service shall accrue eiqhteen J.18) working days vacation a year,=
W_which shall accnJe on Ihs bas~s of Iwenty six ~.26). pay periods a year. Firefightars
with thirty .(30.) years oi' continuous service or more shall accrue twenty one
working days of vacation a year which will accrue on the basis of twenty six
biweekly pay perteds a year. F~ b~enty four ~.24.~ hour shift flrefighters, twelve
scheduled worldng hours shall be counted as one ~.} working day for determining
accrual of vacation leave. For those firel~uhters scheduled to w~rk i'orty ~.40.) hours a
week, regardless of whether worked in shifts of eiqht ~.8) hours, ten (10~ hours, or such
other shlfta as may be authorized under this Agreement, eight j~8.) hours shall be
counted as one (1') working day l'or determining the accrual of vacation leave.
Se;flon 7. Personal Leave.
Employees on the payroll as of August 1'~ of each year, except for trainees who have
been with the department for less than twelve ~_12.) months, shall receive t, hrpe/3~ personal
leave days with pay. Personal leave days shall be non-cumulative and must be taken
dudng the fiscal year received. Us~ of these days shall be subject to the operating needs
of the departTnent and the requests of the employees. For 2,1 hour shift omployooc, tho 3
days shall bo oqual to 3 12 hour days. For all othor omployoos, tho 3 days shall bo
equal to 30 hours. Thoro shall bo no paymont for tho ~ccruod porsona[ Ioave days if ar~
employoo ton~inatoc prior to using all al~ such day~;.
1. The par'des have barclained this provision to provide extra time off, witho~Jt
increasinq call back overtime cost to the City.
2, Effective Auqust 1. 2005. the City will aqree to allow two (2) additional personal
leave days {12 hours of leave eclual o~e da'/) for a total of five (5) personal leave
days in each fiscal Year. provided that personal leave days must be taken as
follows, ra~her than as currently taken in coniunction with vacation leave:
For Sup~'eeaion Shift Personnel: Three Shifts as follows:
12 PL/12 PL
12 PL/12PL
12 PL/12V
For 40 Hour Schedule Personnel:
40 hours of Personal Leave
3, Personal leave must be used with personal leave, except as shown
4. All other Dolicies and practices not inconsistent with this provision shall continue in
effect.
There shall be no payment (or the accrued personal leave days if an employee
terminates pdor to usinq all of such days.
[Socdon 8. Workinq Out of Claeciflcation. Any Firofighler who ic ascignod tho dutioc of
a highor claccificotion for an ac, eruod poded of 4 hour¢ or moro dudng any shift shall bo
paid ac, ting out of olacoificatJon pay ac follows:
Acting Firofightor II ............ $18.00 par shift
Acting Captain .................... $2'1.00 per chill.
Acting Dicthct Chiof .............. $36.00 par shift
Acting Aecictant Firo Chiof...$48.00 par shift
Section 98. Uniforms.
A. The C~ty shall pay 100% of the cost of the original issue of uniforms to provide every
uniformed employee with all required odqinal issue items, official clothing itoms,
9
including jackotc but oxc~uding &ockc and shoos. The employee shall thereafter
replace or repair said required clothing items.
B, The City retains the right to establish the s~e and cotor of the offidal uniform and
its insignia. If the City changes sb~e and color o1: the uniform, and such changes
cause the previous uniferm to be obsolete, it shall pay 100% of the edginal cost
C. Original issue of uniforms, including patches, to each F~reflghter shall be as follows:
J~l) Flreflghtar trainee, s~ two (2) Class "A' uniforms;.
One (1) belt and one 1~ buckle;?
~3.) Thrcc Six (6) Class 'B' pants and cT. prep.al=Is six {6) T-shirts;
[4.) O~e (1) sweatshirtq and
(5) One fl) Jacket.
D. Shoes shall be at the expense of the indiwdual Fireflghter and made available
through City warehouse pHc, es and facJliUes.
E. A clothing allowance of $55.00 per month shall be provided to each Firefighter for
the purposes of uniform cleaning and maintenance. E~ectJve Auqust 1, 2004, the
clothinq allowance shall increase to $67.50 per mor~th.
F. Standards reqardinq the inspections, maintenance, and replacement of uniforms as
well as, uniform specification shall be established bv the Fire Chief !.", hic sclc
di~-~q~'~subiect to the provisions of ~his Conbact.
G. G. Commendnq Auqu6t 1, 2004Soptomb~r 1, 2006 January 1, 2006, each
Fireflqht~ name, rank. and hiqhest current EMS Certification shall be on all
newFlraflqhtars shirts as Per department policy. On or before Soptombor July 3 1,
2C"25, January 1, 2006, the City shall provide each Flrefiqhter on s one time basis
three (3') T-shirts with the required IdenUficatlon. These shirts may also chanq, e ir~
style and color however, the City shall have no obliaatJon for the T-shirt uniform
chanqe, beyond fumishinq the 3 T-shirts. (Paraqraph B, above, notwil~$tandinql.
After Soptomber July 3 1, 2006 January 1, 2006, former uniform shirts shall be_
obsolete.
10
Section ~09. Mlleal~e AJIowance,
Employees required to use their pdvate automobllss fox' authorized Fire Department
business or as a necessity In changing stalions shall be compensated at the rate specified
or to be specified In the compensation ordinance of the City, but not less than 32.5 cents
per mile.
~Soction 11. Education Incentive PaY.
(1) Employooo shall bo eligible f~ odueational in(~ontivo pay at tho monthly rate et .70c
per month [of (aach academic semester hour ~atlr.,~3ctodly completed provided that r,~ch
hours are applic, oblo [ow3rd a degree in Fire Science, Oc~up,atlo~al Education with a
spodalization In Fire S~onco, Psychology, Public Adrninlr2a'ation or a Bachol~ et Solonse
in Numing. or F_MS ro~atod fio~ds (hors,after referred to ac compensable areas of eb. idy).
In no event will more than $.19.70 per month bo paid without cuc~,osc[ul oomplo§on of tho
requirements and tho receipt of tho /%ccoci3to In Applied Solo, nee Degree in a
compensable ama of study. If tho employee ic attending an upper level co~lo(jo, ho may
moot this requirement by liling a copy et hic certified degree plan with tho Dirootor
Human Resourc, oc, noting hic expressed intent to obtain a I~acholor'c Degree in one of tho
c, ompenr.,ablo areas of study. /',JI Approved hours above tho ^r.,cociato Degree in a
compensable area et study ',,,,ill bo eligible for educational pay at thlc rate up to an
additional $37.10 par month or a combined total of $~6.110 per month. Succ, o~cful
completion of tho requirements and receipt of a Bachelor's Oogroo in 3 comp~ancablo area
of ct'udy will qualify tho omptoyoo f~ a maximum of $~0.30 per month.
(2) Approved houm above tho Badnolo~'c Degree applicable toward a M3ctor'c Degree
in Fire $~onr. x), Occupational Education ^dminictration or a Mac[om of Sc~onoo in Numing
or EMS related field ',viii be otigiblo tot oducationat thc, entire pay at tho same rate up to an
3ddt[tonal $1-1.00 per month. Successful eomplotion et tho Ma~or'~ Degree one of thoeo
subject areas will qualify tho employee i~or an additional $11.20 per month I~or a maximum
combined t(atal et an additional $26.20 per month on a Mastor'c D~)grso.
Tho addition of other compensable aroa~ of study under thic coo[ion shall not expand
tho proc[leo el~ p,3ymont of expend, es or provision of textbooks or rnatedalc to ouch other
areas et ctudy ac presently provided [or an Associate Degree in Applied Science for
Science at Del Mar Co[logo.
(3) No probationary employee shall bo eligible for educational incentive pay until after
ho hoc cucco(~cfully passed his probation;:~ry podod.
Section ~310. Meals.
When it appeam imminent that Firefighters will be engaged in §refighUng duUes at the
scene of a tire or relocated to another station or engaged in ambulance duties bye ~
hours past their normal mealtime, they shall be provided a meal at the Cites expense for
approximately $4A~) ~;6.00 per meal per fireltghter, e[fer-.~ve ula0n slQnlnci of this
aqreement, to be reimbumed within two {2) weeks [TOm date of submissioe of Ihe form
approved by the Cl'fiefs office, which may be by I~ax or other mode of submission. A
request by the senior olficer present at the scene or approval by the limt senior office~ in
the chain-of-command, if a senior olflcof is not present at the scene, is necessary before a
meal will be provided.
SecUon ~311. Relief.
Fireflghters actively engaged in lire fighting du~s at the scene al= a fire for a period
exceeding three ~.3.) hours will be retieved Eom dubj and given a rest period of at least thirty
~.30~ minutes after any Ihree {3) hours al= fire lighting duties.
In the event that any Rreflghters are required to engage in fire flghl~ng duties at the
scene of the fire for a period al= eiqht ~.8.) hours or more, every reasonable effort will be
made to relieve such Firefighters to other duties away Eom the scene.
Socfion 1'1. Sick Loavo and Vacation Por.,iJn~. Tho City shall po~t in each tiro oration
an ac, counting of r~ck Ioavo and vacation accrual on a semi annual baas.
Section -1~12. Usa of Sick Leave In the Event of Death or Serious IIIneea In the
Immediate Fa~'nllv.
In the event of serious illness or death in the Immediate tamily of the employee, the
employee shall be granted sick leave or vacatio~ at the request of the employee. The
immediate family, i=or purposes of this contract, shall be delined to include parents,
step-parents, legal guardian, spouse, mother-ln4aw and I=ather-in4aw, children, brothers,
sisters, grandparents, and grandchildren. In the event al= a death not in the immediate
I~amily of an employee, the employee may, upon approval of the Fire Chief, be granted
time off to attend [uneral services, and such time off shall be taken as vacation leave.
Section ~613. Assignment Preference Forms.
Firefighters may submit Station Assignment Preference Forms, provided by the City,
which will be considered by the Fire Chief In making such assignments. Factors used in
determining such asslgnmenta will include, but will not be limited to, Ihe needs of the Fire
Department, the location of the preferred fire station, the residence of the individual, and
the employee's seniority.
Section .~714. Reassignment frowl Fire Prevention.
Any employee who has bean assigned to Fire Prevention duties for a pedod of live (5~
consecutive yearn or more shall be allowed lo request reassignment to other duties as
long as a vacancy is availnhle. The Fire Marshall Is excluded from this Provision.
Section ~815. Station Assignment by Seniority.
Whenever a vacancy occurs In the Fire Department due to retirement, termination,
promotion, or demotion, said vacancy may be filled by a seniority bid system as follows:
A. Only the live (5) pe~'sons with the most seniority per rank per shift shall be eligible to
bid. For purposes of this section seniority Is defined as lime in rank. The five (5)
most eanlor persons per rank who qualify to bid under this section may each choose
]_2
[he fire station t~ which he/she is presenliy assigned as hisJher selection under this
section. An assignment bid must be submitted.
B. Only personnel regularly assigned Io [he shift In which the vacancy occurs may bid.
Firafighter II's EMS are not eiigibie to bid for s~atlon assignment unde~ this
pro, sion.
C. Assignment by seniority will be made only to non-ambulance stations foe Ihe rank of
Firefighter I.
D. Assignment by seniority bid will not be made If such an assignment would result in
staffing of less [han one (1) pemon per shlif pe~ station who is qualified and
authorized to use [he automalJc defibrillation equipment.
E. Seniority will not apply relative to move-outs.
F. A firer~ghter may be assigned based on seniority, only once every t~ree (3) years.
G. Vacancies will be posted for bNo (2) weeks. Employees will have seven (7) days
after the b~vo (2) week posting period to submit [heir assignment bid. The F~re Chief
will po~t assignments within seven (7) days after' [he bid submission deadline.
H. In the event that no bids are received from ~he five (5) sen~' employees, the
assignment will be made at the Rra Chief's discretion. The top five (5) employees
on the senior~ list who have chosen not to bid on a vacancy cannot be assigned to
that vacancy.
Firefighters assigned to rsiief duty will be those most recently promoted to
suppressien.
~Soction 10. Porformanoo Award. Evory Bocombor, oaoh firofightor, oxc~uding thoco
on prob;ationary status, shall rocnivo a porformanco award in a lump cum payment of
~150,00.
Section ,3016. Employees Assigned to Specialized Training.
It is understood [hat Flretlghter personnel who are regularly assigned to fire
suppression and ~ the fifty four (54) hour work vmek, may be placed on a forty (4.0~
hour work schedule for [he purpose of attaining specialized training. Specialized training
inctudes but is not limited to HAZ-MAT training, rescue training, EMS cer'dflcat]on and
recer'fification classes, promotional orienlation, fire prevention and/or arson training, as
well as affendance to any Fire academy into which Ihe Rra Department has enrolled the
[irefighter. If a firel~ghte~ is required to take leave time to attend specialized training and
said time is for the purpose of transtiJoning to a forty (40~ hour work schedule, such
transition leave shall not break [he cycle for FLSA purposes.
13
SectJon 1.
v
wnoi;s
The basic ranks within the Fire Department, as well as the applicable Job classification
and applicable monthly pay rates shall be as follows:
EFFECTIVE AUGUST 1, 2003 (2 %%)
Title Start Six mos 12mos 18mos 30mos
Trainee 2317 2417
Firefighter 2960 3092 3234 3442
Firefighter 3521 3591 3665 3745
Fire 3977 4093 4210 4369
Captain
District 4566 4775 4992 5218
Chief
Tho City agrooc that in the o,/ont that tho Ci~ providos any wago ir~foaco dudng tho
2002 2003 fi~cal yoar to mombor& o1: tho ban~aining unit o1: tho Corpuc Chdcti Polico
Dopartmont in an amount high~ than tho throo (3) poro~nt adjuctmont of Novomb~r 1,
2002, providod to tho mombom of tho bargaining unit oi: tho Corpuc ChdclJ Firo
Dopartmont, horoin, tho mombom of tho b.argalning unit of 63o Corpus Christi I~ra
Dopartmont r~all bo onb'dod to tho amount ovor tho abovo 3%. This provi~on chall apply
to wago incraaco adJuctmont& only and r. hal4 not apply to any incraa~o grantod pursuant to
a po/Itlon initiatod p~rsuant to Stato ctatuo. Thl~: provicion chall bo considorod a ono fimo
agroomont c. ovodng FY 02 03 only and chall not extond boyond July 31, 2003.
EFFECTIVE NOVEMBER l, 2004 JANUARY 1, 20~5UPON EXECUTION OF
AGREEMENT (2%%)
Title Start Six mos 12mos 18mos, 30mos
Trainee 2369 2471
Firefighter 3027 3162 3307 3519
Firefighter 3600 3672 3747 3829
Fi~e 4066 4185 4305 4467
Disixict 4669 4882 .5104 5335
c~f
Effective Auqu~t 1. 2001
Ti~Ja SL3rt 6mnc 12mnc 1 gmnc 30mnc
~ 2266 236-!.
Firefighter I 276g ~ 3013 3206
Firotightor II 32'11 3282 3319 3380
Fire Captain 3600 3752 392'1 .1106
District Chio[ '1203 '1489 '1603 4870
EffecS;,9 March 1. 2002
THJc St3rt 6runs 12mnc 18mnc 30mns
~.v5 23§4
Firofightor I 2611 2038 3071 3268
Firefightor II ---3344 3410 3'180 3.666
Fire Captain 3776 3886 3887 41 '10
Dictdct Chief '1336 453'1 '1740 '1962
Effective November 1. 2002
Titie Start 6mns 12mnc 18mn 30runs
...... ae--- 2266 2364
Fircfighter4----- 2895 3024 3163 --- 3353~
Firofightor II -~ 3812 3584 - 36§3
Fire Captain - 3889 4C, O3 4!17 - 427~
Di strist~T_.h464-- . ,~4n~ 4~7n 48.82 fi103
Section 2. Lon~evK'v Pay.
Longevfl:y pay shall be $6_00 per month for each complete year of service up to a
maximum of fifteen (15J years of servi~e. Thereafter, for each additional year of service,
longevity pay shall be $4.~. per month for each year up to a maximum of twenW five ~25)
years of service.
Section 3. Certification Pav.
In addition to blather regular monthly pay, a F~refighter who is ced]tied by the
ap~opdate State agency and meets all certiticaUon requirements of this agreement, shall
receive certification pay in the amount indicated below, according to the level of his
cerfiticaUon:
15
Intermediate Fire Certification
Advanced Fire Certi~ca~on
Master's Fire Cerfil~ca§on
Cerlified EMT
Certified Paramedic
Fire Prevention Insp,
Arson Investigator
Basic Instructor
Intermediate Instructor, Advanced Instruct~ or
Master Instructor
$20 per month
$25 per month
$30 per month
$35 per month
$75 per month
$35 per month
$75 per monlh
$35 per month
$75 per month
Section 4. A~al~3nment Pay.
In addition to his/her regular monthly pay, and certificalJon pay, a ~Fi_~refighter who is
assigned to du~y listed below shall receive the amount indicated:
Regularly assigned HAZ-MAT
Regularly assigned to Rescue TrucldSta~n and
HAZ-MAT qualified (Effeddve August 1, 19@8)
Certified EMT Assigned to Ambulance
Cer'dfied Paramedic Assigned to Ambulance
- $50 per month
- $50 per month
- $50 per month
- $50 per month
Effective August 1, 1998, __F§relighters currently assigned and who continuously serve
for greater than five (.5]_and less than ten {10) years of service as pen'nanently assigned to
EMS shall receive an additional $50.00 assignment pay per month. For greater than te~n
~.10J years of continuous service as permanently assigned to EMS, a Fiml~ghter shall
receive an additional $50.00 assignment pay per month I~or a total of an additional $100
per month as continuous assignment pay, Temporary reassignment pursuanl to Article VI
Section 6 sha~ not constitute a break in continuous serWca. Individuals ass~cJned to a forty
~.40)hour work wccA, other than employees assigned o~ temporary, special or limited duty,
will receive the following:
0-3 years ................................................................ $150.00 per mo.
4-5 years ................................................................ $200.00 per mo.
6 or more years .................................................... $225.00 per mo.
Section 5. Worklngl Out..of-Clasg~Caflon.
Any Rreflghtor who is asstgned the duties of a highor dassi6cation for an accrued
pedod of four .(4.). hours or more dudng any shift shall be paid aclJng-out-of-classificaflon
pay on a monthlv basis as follows:
Acting Firelightar II Ddvcr ................... $18.00 per shift
Acting Captain ..................................... $24.00 per shift
Acting District Chief ............................. $36.00 per shift
Acting Assistant Fire Chief .................. $48.00 per shift
Section 6. Education Incentive Pay.
(1) Employees shall be eligible for*' educational incentNe pay at the monthly rate of .70c
per month for each acedon~c semester hour satisfactorily completed provided that such
hours are applicable toward a degree in Fire Science, Occupational Education with a
spedalizaflon in Fire Science, Psychology, Public Admlnislration or a Bachelor of Science
In Nursing, or EMS related §elds (hemaftor referred to as compensable areas ot' study). In
no event will more than $49.70 per month be paid without successkd completion of the
requirements and the r~'~pt of the Associate in Applied Science Degree in a
compensable area of study. If the employee Is aU:ending an upper level college, he may
meet this requirement by filing a copy of his certified degree plan with ~ Director oi'
Human Resources, noting his expressed Intent to obtain a Bachelors Degree In one oi' the
compensable areas of study. All Approved houm above the Associate Degree in a
compensable area of study will be eligible for educa§onal pay at this rate up to an
additional $37.10 per month or a combined total of $86.80 per month. Successful
completion of the requiremeets and reCapt of a Bachelor's Degree In a compensable area
of study will qualify the employee for a maximum of $90.30 par month.
(2) Approved hours above the BacheloCs Degree applicable toward a Master's Degree
in Fire Science, Occupational Education Adminisb'ation or a Masters of Science in Numing
or EMS related I~eld will be eligible for educational incentive pay at the same rate up to an
additional $14.00 per month. Successful completion of the Master's Degree one of these
subject areas will qualify the employee for an additional $11.20 per month for a maximum
combined total of an additional $25.20 per month on a Master's Degree.
The addition ol~ other compensable areas of study under this section shall not expand
Ihe practice of payment of expenses or provision of lextt)ooks or maledals to such olher
areas of study as presentJry provided for an Associate Degree in Applied Science for F~re
Science at Del Mar College.
(3) No probationary employee shall be eligible for educational incentive pay until after
he has successfully passed his probationary period.
(4) Performance award and acting-out of-classification 13a¥ under this Article
shall not be considered as a comi)onent of salarv or comi3ensatlon for purnosee of
1'7
drag UD DaY or leave sell back or overtime by virtue of being moved to this Article
from other articles In this or previous agreements, and no such change has been
negotiated.
(5) Education incentive bey under this Article shall not be considered as a
component of salary or compensation for purposes of drag up Day or leave sell
back by virtue of balng moved tO this Article from other articles In this or previous
agreements, and no such change has been negoUated.
Section 7, P~formance Award.
Every November. Dcc. cmbc;, each flm6ghter, excluding those on pmbalJonary status,
shall receive a performance award in a lump sum payment of $150.00=, which amount will
be increased to $175.00 lump sum payment on a one I~me basis only for the payment in
November 2005.
Secth~n 8. ~Salarv of First AsSistant Del3utv Chief and Assistant Chiefs.
(Moved from Article VIII SecUon 4)
The position pi' FlrrA/'~r.~-Jctant Deputy Chiet and the posilJons of Assistant Chiefs shall
be compensated under the City's Managerial Pay Plan.
Section 9. PaY PeHocis.
Effective January 1, 200r)6, waqes and other compensation specil~cally mentioned in
this aareemont, excludina Ove~time, shall be paid on the basis of twenty six {26) pay
periods Der year, paid every other weak, unless specifically menlJoned otherwise
c!:.c:;,"h.c;c in the ac~reement.
Section 10. Pay and Fiscal Certainty
A. The City and the Union aclree that this ac~reement should set [orth cleadv and
resolve any issdeS conceminq the proper calcula§on of pay and other economic
benefits. The City and the Union ac3ree that the pay formulas in Attachment D & E
of this Aclreemen/reflect the correct standard [or [ulure payment.
B. The Union aqregs that the City's past pav practices are in compliance with the pdor
contrav--t.
C. All retroactive pay due for FY 03-04 and FY 04-05 under this Aqreement will be paid
usincl pdor payroll payment practices
D. The CAtv and the Union recoqnize that individual AS-SOC~ation members have the
dqhI to assert a pay claim ~ orievance for past pay pedods, subiect to the City's
leqal and contractual defenses, However, it is also edreed that ali pay claims which
accrued and have not been §led by individual ASSodalJon members pd~ to
ratification of this Ac~reement shall be barred. This provides a reasonable
opportunity for the assertion of any vatid claims, and will allow the CAW Council to
know the extenl of an,/contin(:~ent liabilities when it takes action on this Aqreement-
E. The use and meaninc~ of the ~erms 'reqular rate' and "reclular rate of pay" in this
Aoreement pre-date the application of the FLSA to the emplo,/ees under this
aqreement. It is aqraed that the method o[ payment of overlJrne pay, dreCl up pay
and vacation sell back shall be in accordance with this aqreement. The pad]es
a(3ree that any contrary state law or local ordinance, indudinq Texas Local
Governmen!: Code Section 142.0015 is superceded.
F. B,/ the inclusion o[ FLSA terminolocl,/ in this aoreement, neither par'b/ waives
exem[:,§ons, credits or entitlements which otherwise apply.
G. It is further understood and at, reed that the City is entitled to use and does use the
~artial exemption under the Fair Labor Standards Act, 29 U.S.C. 207(k) as ~er
rulincl in Collins, et al v. City o[ Corpus Chdsti. Civil AclJon No. C-00-CI66, United
States District Court [or the Southern DistTIct o[ Texas, Corpus Chdsti Division. The
parties also recoqnize that any release of FLSA claims must be in accordance with
applicable law.
ARTICLE VI
EMERGENCY MEDICAL SERVICE
Section 1. Certification RequlremenL
All ,~Firafighte~'s hired aflce~ May, 1985, must be certified Paramedics within eiqhteen
.{.18J months from date of employment and must maintain Paramedic cerlJflcation for a
minimum of eight (8) full years as a condition of employment.- Failure to maintain said
oerlJficafion shall result in termination. Any time pedod without cod]fica§on will not count
towards the minimum eight (8) full years requirement. Any F~refighter who has not met the
minimum eight (8) full years requirement as a cod]fled Paramedic because of loss of
certification shall be granted either twelve (12) calendar months from the date shoe/he lost
certJficaUon or from December 7, 1999, or, if the FIrettghter enrolls, atteads, and completes
the next regionally available educaUonal class that will assist him/her In regaining the
Paramedic certification, ten (10) monlhs from the date the class begins, whichever is
longer, to regain Paramedic certirmation. If a Firaflghter is unable to obtain Paramedic
cer'dflcalJon within the time granted, sh_._e/he will be terminated in accordance with Section 1
of Ibis Article.
..~y Firelightar who is not a c~lified EMT or cea'dried Paramedic shall loss EMT or
Paramedic certificalJon pay ninety ~.90.) calendar days after nolJflcalio~ of Ihe loss of
certification. I[ authorization to function as a medical care provider is suspended by the
Fire Department's Medical Director, the Fire Chief wfll provide to the Firefighter in writing
the necesssr¥ steps required to regain certification.
__If a Fireflghter carrying the rank o[ Firefightar II EMS has failed to maintain Paramedic
certiflcaUon, she/he will be temporarily reassigned to Firefighter I duties immediately upon
loss of certification or on December 7, 1999, whichever occurs later. The F~refighter shall
be granted ninety .(90.) calendar days from bhe date sb.~he lost certificalJon or from
December 7, 1999, whichever occurs later, to obtain certification. If at the end o[ this ninety
~90) calendar-day period, I~e Firei~ighter has not obtained certification shoe/he will be
demoted [o the rank of Fireflghter I. Any previous time in rank shall stand and the
Fire~ghter shall be eligible [or promotion to the rank of Firelighter II EMS after su~fully
comple§ng ~e requirements o[ a certified Paramedic.
__1[ a Fireflghter hired before May, 1985, carrying the rank of Fireflghtar II EMS and who
has an EM1' certification, has failed to maintain that EMT certification, she/he witi be
temporarily reassigned [o Fireflghter I dulJes immediately upon loss o[ certJficalJon, or frorn
December 7, 1999, whichever occurs later. The Firefightar shall be granted ninety (90)
calendar days from the date sh__e/he lost ce~fication or from December 7. 1999, whichever
occurs later, to obtain cerfiticalJon. If at the end of I~is ninety ~.90.) calendar-day peded, the
Firefighter has not obtained carl~fication she/he will be demoted to Lhe rank o[ Flreflghtor I.
Any previous lime in rank shall stand and the Fira§ghter shall be eligible for promotion to
the rank o[ Firefighter II EMS after successfully completing the requirements o[ a certJtied
Paramedic.
The Fire Department wilt make available training materials or tutodat assistance up to,
but not exceeding and equivalent of forty [40.) hours, upon request of the Firelighter who
has not met the recedificatlon requirements. Such tutorial or Iraining assistance shall be
based upon the recommendations o[ the EMS trainin9 staff and the Fire Depertmer~['s
Medical Director. This tutorial or training assistance may req~:?e Lhe Firefighter to be
reassigned to a forty (40) hour w~3rk week to complete the ~'alning. The Department will
assume no responsibility [or time and expense incurred should the Fireflghter desire
training obher than that offered by the Fira Department.
Sec~on 2. Service Re~lulrement.
All _F§reflghters hired after May, 1985, may be required to serve a minimum of five (5)
20
years in the Emergency Medical Sewica during the eight (8~-yeaT period of paramedic
cerl~flcation requirement se{ out in Section 1 above.
Segtlon 3. Assistant EMS Director.
Effective August 1, ~,999, any vacancy occurring in the posilio~ of Assistant E.M.S.
Director ~all be filled from IJ'm rank of Captain and shall be a Disbict Chief with all the
dghts and benefits of a Distflct Chief. This posiUon shall be by appointment of the Fire
Chief from _.Fflrefightsrs within the rank of Dislflct Chief or Captain who am e~igibie to take
the District Chief Exam and are c. orfirmd and qualified to serve as paramedics under this
Agreement. It is understood that any th~vldual appointed to this pos~on, serves at the
disc~etion of the Fire Chief, but if removed from this assignment, shall be reassigned at the
same rank and/or position that he/she held when originally appointed, o¢ achieved during
the ltrefighter's tenure in the po~sitien as Assistant EMS Director.
~The person curvontty assigned, and for so long as he holds this position, shall retain
Civil Service status, maintain and accrue vacation, sick leave, pemonal leave, and
seniority; and receive longevity pay. The Assistant EMS Director shall continue to
par'dcipate in the City's health and life Insurance programs, and receive $150.00 per month
in lieu of paramedic certfl3cation pay. It Is understood that any individual appointed to this
position, serves at the discretion of the Fire Chief, but If removed from this assignment,
shall be reassigned at the serne Civil Service Classification and/er posidon that he/she
held when originally appointed, or ashieved during tenure In the position as Assistant EMS
Director.
__With the ex~tion of ~ Assistant EMS Director, Emergency Medical Secvica
supervisoq/ officers assigned by the Chief shall receive $'150 per month paramedic
certJlication pay in lieu of the amount provided for in Article V, Section 3 of this Agreement.
Section 4. Reasall3nment of Flrefiahter II EMTIF]raflahter II Paramedics.
Any Firefighter II EIvlT/Firefighter II Paramedic who is regularly assigned to EMS shall
be entitled to receive, but only upon his request, temporary reassignment to Flrefighter
duties for as much as two_J~) pay pednds in any six (61 month period; provided however.
that during any pay period that such employee is performing such voluntary reassignment
he shall be paid only at the maximum Fireflghtar I rate for Firetightar I duUes performed
during said pealed of reassignment. However, it is agreed that such reassigned employee
will continue to hold his Fireflghter II rank, and will be entitled te all other dghts and
pdviieges pertaining thereof.
The scheduling of temporary reassignment shall be made at the reasonable discretion
of the Fire Chief.
Section 5. Volun~ Demotion of Flraflghter II EMT/Paramedl¢.~.
After five (5) yearn of actual ambulance service dub', which must be continuous, as a
Firefighter II EMT/F'irefighter II Paramedic hired prior to May 1985, the employee shall be
granted upon request a voluntary demotion to F~reflghtar I, and will not be further required
to maintain EMT certification.
Section 6. EMT Certification After PromoUon.
Fireflghte~s and F~reflghter II EMT/Rrafightar II Paramedics, hired pdor to May 1985,
who are promoted to Firefighter II - Ddvers will not be required to maintain thalr EMT
cer~caaon after promotion.
Section 7. Promotion to Flreflghter IEEnninear or Cal~taln.
All Firatightem hired after July 31, 1996 will be required to serve a minimum of t~vo (2)
consecutive years as a Firefightar II/EMS on the ambulance, prior to becoming eligible to
take the exarnJna/Jon for promotion to Flrel~ghter II/Engineer or Captain.
ARTICLE VII
UNION ACTIVrnE$
Section 1. Pa~'oll Deduction of Dues.
The Union shall supply the City with all necessary papers and information for payroll
deduction of dues and assessments. Such dues or assessments will be deducted
in the amount speci6cally authorized by the individual employee and in accordance
with the by-laws of the Union.
The City agrees to deduct dues upon receipt from the Union of a 'Dues Deduction
Card" voluntarily and individually authorized, signed, and dated by each member of
the Union. This authodzalJon shall remain in full force and effect for the term of this
agreement or until terminated by either the employee or the Union. Such 'Dues
Deductio~ Card' is found In Appendix 'A' and is incorporated by reference into this
agreement. The City shall begin such deductions on the following pay period after
receipt of the "Dues Deduction Card '
The City agrees to deduct sPeCial assessments upon receipt from We Union of a
"Special Assessment Deduction Card" which is found in Appendix 'B" and Is
incorporated by reference into this agreement. The City shall deduct such sPeC,~al
assessment on the following pay pedod attar receipt of the "Special Assessment
Deduction Card.' The Union agrees to defray the City's Adminisb'ative cost for such
special assessment in the amount of $50 per special assessment, to be Invoiced by
the City.
D. At any time a member of the Union desires to withdraw his membership, he may
voluntarily and individually do so. Such ac*ion will be initiated through a
"Termination of Dues Deduction Card" voluntarily and individually signed by the
member of the Union and furnished by the City. S~ch "rermina§on of Dues
Deduc~on Card" is found in Appendix "C" and is thco~porated by reference into this
agreement. The City shall terminate deduction of such dues on Ihe following pay
pednd after receipt of the "Terminatien of Dues Deduction Card.' A copy of the
Terminafio~ of Dues Deduction Card will be forwarded to Ihe Union's Secretary-
Treasurer.
E. The City will be obligated to remit to the Uniee only those sums deducted as dues
and assessments from the Umon member's paycheck and will not be liable for
damages to the Union, any individual employee;.~ or other person for ['allure to
deduct any authorized sum for any reason.
Section 2. NeOotJatJnR Team.
Four (4) members of the Union nego§ating team (or a number equal to the size of the
City's negotiating team, if larger) shall be allowed time off with pay in order to attend
negotiating meetings mutually set by Ihe employer and the Union when such meetings
occur dudng the regularly scheduled working time of Ihe employees.
..~1 negotiations shall be conducted exclusively between the designated bargaining
representa~es of the City and the Union. Neither party shall make any effort to bypass
such representatives of the other party dudng collective bargaining for a new contract
unless an Impasse exists as defined in Section 174.152 of the Texas Local Government
Code, V.T.C.A.
__Every effort will be made to begin negotiations sixty (60) days pdor to the end of the
contract term specified in Article XVI, Section 1 of this Agreement. Negotiations will be
considered at impasse if said negotiations extend beyond that term unless extended by
Agreement.
Section 3. Union Activities.
The Union may schedule small committee meetings pertinent [o Union business on Fire
Department property insofar as such meetings are not disruptive of the duties of the
employees, or the efficient operation of the Fire Department, provided ho~,~ver, that
permission for such meeting shall be obtained In advance ~rom the Fire Chiei' or his
designated representative. Union members or employees may conduct voluntary hJnd
raising activities dudng working time, at their work location so long as the conduct of such
buainess does not Interfere with their duties as employees and advance permission of the
Fire Chief for such volunteer work has been sought by the sponsonng organization, and
granted, and the Chief has given permission to the Union for such activity.
23
Sec~on 4. President's, T~me Off.
In December of each year, the Association P_~resident may choose to be relieved of
duty for the ~lowing year to I:~rform Association duties. Written nolk:e of the
Associalton P_.pmsldent's Intent must be senl to the F~m Chiel' by the 20th of December.
On August 1 of each year, if the Aseocia§on ~resldent has chosen to be relieved of
duty, each member o1' the bargaining unit shall contribute J'our (4,~ hours o1' personal leave
to offset the Association P_president's base pay. The City shel~ continue to pay alt
benefits I~e Assodation l~esident is entil~ed to reC~ve. The period during which the
Association P_preelder~t is relieved of duty shall not constitute a break in service. In the
event of an emergency, the Chiei' may order I~e Assoclalion P_president to report fer duty
as assigned by the Chief.
Section 5. O~her Union Functions.
No Flml~ghter shall be rehJsed reasonable leave of absence w~thout pay, provided
that a suffiderlt number of employees to car~ out the normal functions of the depertment
shall be provided, fer the purpose of attending any fire school, conventions, or rneafings
the purpose of which is to secure a m~re efficient department and better working
conditions for the personnel thereof.
__The President of the Union and three (3) elected delegates shall each be allowed
three (3) shifts off with pay each year of the contract term to attend the Union's state
convention and a like numbe( of shifts off with pay to attend lite national convenHon. In
addition, the President of the Union or his designee If I~e President is not available, will
be allowed to attend, with pay, eight ~8). regularly scheduled Union meetings per calendar
year, not to exceed four ~4) hours per meeting. In addition, two (2) pension trustees will
be allowed two 2~ shifts each with pay per calendar year to attend ~he state pension
seminar approved by the Fire Chief. Travel expenses, food, ~ndging, etc. shall not be
borne by the City. Any delegate leave days provided for in this paragraph and not used
for attendance at the Union's national and state conventions, may, upon the Union's
request, be used for attendance at seminars or training sessions dudng each year of the
contract term.
In addition to the delegate leave days granted by the preceding paragraph, if any
Firefighter is elected to a position on the Union's state or national executive board, that
Fireflghler shall be allowed three ~3) shifts oil with pay to attend the state and national
conventions.
Section 6. City Facilities.
The City facilities which are available to pdvate organizations on a rental basis shall
be made available to the UnioT, ,~,~der the same conditions that they are made available
to other nonpmfrt organizations.
Section T. Access.
Subject to pri~ noUflcaUon to and approval from the Fire Chief or next highest ranking
officer', the Union P_president or his appointee shall have the right to visit the premises of
the Fire Department for purposes of administering this agraemeat. V'k~its shall be
conducted in a manner and at a time as not to Interfere with the functions of the
department. Such approval of the Chief shall not unreasonably be wfthheid.
Section 8. Orlentatilon.
Neither the CAb/nor the Union will attempt to use Fire Department academy training to
solicit or discourage Union memberst~lp.
Dudng any portion of the F,'e Department academy Iraining devoted to explanaUon o[
Fireflghters' dghts and duties under this conb'act, a representa~ve designated by the
P~-esident of the Union shall assist the City's representative in explaining the co~tract.
Section 9. Action Outside CIt'v Limits.
A Firetio,,~t.er who is ordered out. side the City limits on any missino of the Fire
Department shall be deemed to be In the line and in the course of his duty as a paid
Firef~ghter and public safety officer ~3r all purposes.
Section 10. Notification of Promotion.
Any employee promoted to a higher classification shall be noUfied in wfiUng within
twenty {20) days from the date of promotion.
Section 11. Parties to Select Their Own Rem'esentatives.
Both the City and the Union shall be anti(led t.o select, persons to represent them as
member~ of the negotiating team, and to represent them on grievance and arbitraUon
matters and in other proceedings; provided, however, that the Cib/ shall not select any
employee of the Fire Department holding a rank below Assistant Chief, and the Union shall
not select any employee of the Fire Department holding a rank above ENsthct ChieL
Section 12. Contract Administration.
Training and/or orientation for all employees within the bargaining unit shall be
conducted to inform such employees of their rights and obligations under this agreerneaL
__Training and informational sess~ns for ell employeea will be conducted jointly by the
City and the Union. Attendance at such training will be mandato~ am:l if such sesskms
are scheduled at the time when the employee would otherwise be off dub/, the employee
shall be considered called back on dub/to at, end such session.
25
ARTtCLE V~
MANAGEMENT RIGHTS
Section 1. Manm3ement Functions.
The Unien reo~nlzes that the City has statutory and Charter rights and obiigaUons in
matters relating to municipal operations. The City and Ihe Chief shall retain all rights and
authority to which by law they are enlYded. It is understood by the parties that every duty
connected with operations enumerated in job descriptions Js not always spaclti(~lly
descdhed, and the .k~ descflpti~:ms are simply general guideline descriptions and are not
specific descrtp'does of all dulJes which employees are required to perform. Except as
provided in this agreement, the City retains lhe right to operate and manage its a~'airs in all
respects.
__It Is understood that the City has the dght to eslabllsh departmental rules of procedure;
to discipline or discharge for cause; to determine work schedules and assignments, and to
establish methods and processes by which work is to be perfo~Tied, all subject to
applicable statutes, the City Charter, Standard inslruclJons, rules and regulations and
standing orders, and this cont]~ct.
__The City reserves the right to use clv~tians in the F'~re gepa~nent to perform duties
which do not require a r_,eflifled Flre~ighter. The scope of such duUes may IncJude EMS
administralion, communications, intormational systems, records, ctadcal support, and
maintenance. Civilians performing such duties are not subject to the terms of this
agreement. The City will be allowed a reasonable time to train civilians to assume these
duties.
Section 2. Rules and Regulations.
The City recognizes the responsibility of management to reduce Standard Instructions,
rules and regutations and standing orders tu writing and to maintain the same at e~ch
station in order to achieve a uniform interpmtaUon and application of such directives and
regula~dons, within the contract year,
Section 3. Nonlnterferenc~ Wlth Personal Eves.
A. The C~ty will not publish, make or enforce any regulations or directives which will
interfere with the perseeal lives or off-duty a~vrdes of employees, except to the
extent Ihat such regulaMons are related to their employment. This s~c~don will not
supersede the rules and regulations ol~ the Civil Service Commission.
B. Firefighters may reside outside the city limes. Fireflghters shall, however, reside in
such a location as to be able to reach City Hail within sixty (60) minutes Dy traveling
in an automobile at posted speeds in ordinary weekday baltic.
26
SocUon 4. Salary o! First A~olstant Chlof and As61~tant Chlof~.
Tho pocilion of Firct A~cict~nt Chiof DOputy Chiof and tho pocitionc of ./~_~ct~nt Chio[c
chall bo ~;omponcatod undor the City'c Managodal Pay Plan.
ARTICLE IX
EMPLOYEE SELECTION AND PROMOTION
Section 1. Or~ntat~o for Flrofl;ihter II Driva~a and Captains.
Ail new F'irefighter II _Ddrivers and Captains who ara promo[ed to these ranks shall be
given a thorough odenta§on cormJsfing of the responsibilities accompanying such ranking.
This odentattan shall include, but not be limited /o: hydraulics, driving laws, sa[ety
proceduras, responslbitities of the Job, leadership in the fira se~ice, and report wfifing
(including all [on'ns used within the I~ra Department), The o~lentatlon shall be conducted
by members of the Training staff and shall not be part o[ the promoDonal procedure nor
shall be construed to be part of the final promotJonal grade. The orientation shall be
conducted prtor to the assignmont of the new~y promoted employees to their new
positions. Attendance at such orientation shall not break a cycle for FLSA overtime pay
purposes.
Section 2. Promol~onal Examinations for Flreflghter II's and Captains.
Examinations for I~raflghter II~s and Captains shall be conducted entirely as provided
by Chapter 143 and the grading methods and establishment o[ the e~lgibilily roster shall
also be conducted entirely as provided by Chapter 143, except as provided in Arflcte IX o[
His contracL Separate exams for Firefighler II-Assigned Truck Driver and Firefighter
II-Asslgnad Emergency Medical Service shall be administered. All F~rafightem hired after
July 31, 1996, will be required to serve a minimum of two (2) consecutive years as a
Firefighter II/EMS on the ambulance, pdor to becoming eligible to take the examinalJon [or
promotion to Firefighter Il/Engineer or Captain. Only those F~irefighters with paramedic
certJ~.7.afion will be eligible to take the Firefigh/er II-Assignad Emergency Medical Service
exam and be promoted accordingly. The F~raitghter ti-Assigned Emergency Medical
Service roster shall be used for Emergency Medical Se~/ices only.
Section 3. O~her CertlficaUon Re¢luirementa for Promotion To Rank of Captain.
Before becoming eligible to take the promotional examination for the classification o[
Captain, all Firefightar II's (hired after May, 1985) must be cedified paramedics. Ocme
promoted to the ctassificatJon of Captain, said employees must maintain t~e paramedic
certification [or one (1) additional requirad re--cerlJfication or, [our (4) years, which ever is
longer, Failuro to maintain said ced~cation shati be grounds for d~scipl{nary action up [o
and Including demotion or indefinite suspension.
__All Firafighters hired pdor to May 1985, who have ever sewed as Fire~hter II [or mora
than two (2) consecutive years and who have no[ terminated their employment with this
27
department at any time, will be eligible to take the Captain promotional examinatiort
without the paramedic cerbfication requirement.
Section 4. A~l~lnl;nent of Del~utv Chief FirstJ~elstant Fire Chief end Assistant Fire
A. Promotion to Ihe cJassi~cation of First Acr_,ictant Depub,, Fi;= Chief shall be exempt
from compe§tive examination, and, instead, shall be made by appointment by the
Chief, a[ the ChieFs discrelJon. ProrrmlJon to Ihe classification of First Acclstant
Deputy Chief shall be made ~'om the classifications of Assistant Fire Chief o~
District Chief, The chanqe in ~his section to Depub/.~rc Chief from First Assistant
Fire Chief is only a chanqe in the title of the classificatior~ and it is a~e~l that no
vacancy, new, or additional positions is created in the F~re Department nor is such
intended.
B. Beginnthg August 1, 1990, the first two ~ position vacancies [n the Assistant Chief
rank shall be designated as exempl from competitive examination and. instead,
shall be made by appointmenl by the Chief. at the Chlet's discretion. These
posl'dons shall be called Assistant Chief A and Assistant Chief B and shall
henceforth be filled by appointment of the Chief'. Promotion into these positions
shall be made 6'om the classiflcal~on ot' District Chief. The remaining Assistant
Chief positions shall be Illled by competitive examination as described in Article IX,
Section S_9 of this contract. It is understood and aqreed that the inclusion of this
provision in the aqreement is not a v~-aiver by the Cib¢. the Chief or the Assodation
of any inlemretation of the pdor aorepmenl. Further, the parties understand and
aqree that Ihe cool, hued incfuaion of this section of the contract does not prevent
either oartv from assertJnq a claim a~e~thq a violation of th~s secbon or does the
inclusion prevent a defense to such claim.
Section 5. Probationary Period for New Eml31Oyees.
A new employee in the Fire Department shall sen/e a probationary pedod of eighteen
(18) months which shall begin with the date of first employment unless extended to obtain
initial Paramedic Certification as per Article I #16. Dudng ~u~hthe probationary period,
such employee may be diss{~arged at the discretion of the Chief, without appeal to
arbilration, to the Commission, or to any court. Ail F~refighter Trainees shall become
Immediately eligible for participation in the Corpus Chdsti Local Rrefighters' Pension
System as of the odginai date of employment. When the employees have
::ompletad the fu!l probationary period, they shall automatically become a full-fledged Civil
Service employee and shall have full Civil Service protection as spedfled by Chapter 143
and this contract.
__in addition lo insurance, sick leave, vacation, and holidays, it is understood that upon
graduation from bhe Academy or being turned lo duty and becoming a Firefighter I,
Firafighters shall receive the following: la) 100% of the uniform allowance, (b) longevity
pay, (c) Fire[ighter Basic cedfficaUon pay, and EMT Certification pay, if certified, (d)
28
Paramedic Certification pay upon approval of the Corpus Christi Fire Department Medical
Director and (e) supplemental insurance. Ahef compleUon of the probationary period
Firefightms w~ll receive 100% of all benefits spec~KI in this contract to which they are
entlti~.
For promotional purposes, Ihe effective date of the promotion indicated on the official
City document (Fo~'n 12) will be used to de{em'dna the classification et Flreflghter to meet
eligibl~ft~ requ{rements.
Section 6. Corrections to Entrance or PrornofJonaJ Fv.~mlnatlon
The Civil Service Director shall have authority within f'Jve [5.) days of the date of the
examination to recommend to the C.,Nil Service Commission changes to enb'snca or
promol~onal examination questions where ctedcal errors In compiling the test quesUona
have been discovered, or where a question edses as to general accuracy. This does no{
restrict the Flreflghter from appealing questions to Um Civil Service Commission.
Section 7. PosUng and Admlnlsb-,flon of Promotton~,l Fv:,mlnatlone.
A listing of materials from which promotional examination questions ara taken shall be
posted annually each January ~or examinations administered within the one year'pedod
beginning the following Apdl. Such materials shall be available at least thirty (30) days
prior to the exam(nalion date.
Sec/Ion 8. Admlnisl=aflon of Entrance Examination.
Entrance examinations may be administered at any time to qualified groups or
individual applicants consistent with public pealing requirements o( Chaptar 143. All
applicants passing the vwi[ten examination, oral examination, psychological exarlfination,
medical examination, strength and endurance examination, and any other exams deemed
necessary by the Chief shall be ranked upon the eligibility list for Firelightar Trainee based
upon composite scores posted simultaneously. Such eligibility list shall be valid [or a
period of twelve (12). continuous calendar months ~ro~ the date of original peshng.
Applicants who fail will be required to wait one I1) year before taldng the test again.
Section g. Promotional Procedures for the Rank of Captain and District Chief and
~sslstant Chief.
Captains shall have two (2) continuous years in rank before becoming eligible to
compete for a District Chief vacancy. The classifications_ of ,Ccr~Lc. ln c.-,d Disthct Chief and
Assistant Chiefs not appointed at the diso'et~on of the Chle[ shall be lilled by a promo'aonal
examination procedure consisting of two ~ parts as follows:
A. Wdtten Examlnalion.
(1) The whiten examlnaUon shall consist of questions retating to the specific
duties of the position to be lilled. The written examination shall have no
spec~l~c failing score but will provide a ranking of participants from high to
Iow score. In Ihe event that written examinaSon scores are the same. the
earliest time far submitting the examination form to the test administrater
for grading shall determine respec~,e standings. Only the highest ten {10'1
par~cipants shall be allowed to cen§nue on to the next phase or' the
examine~[en process (Assessment Cesta. examination).
(2)
The posting of the results of the written examinal~on shall contain only the
names of the lop ten {10) scoring applicants, in alphabetical erda'.
Individual scores will be g|ven to the employees but will not be posted.
B. Assessment Center.
(1) The Assessment Center sha~l consist of: six (6) persons from outside Ihe Fire
Department holding adminlst~tive level posil~ons in a Fire Department
operating in a city o[ 100,000 o~ mere population shall be selected to serve as
At least two {2') of the F~re Administrators must be from outside the state of Texas. Ail
~rs shall be chosen by the Dires~er ~ Human Resources. Both Ihe Chief and the
Association P__president or his/her representative must approve the selections and must
keep the list cenlident~al. The Association member appointed to approve the list must not
be a candidate for the promotional exam for which the list of assessors has been
developed. If any individual on the list is not approved, a reaso~ for the failure to approve
and an altamate name must be submitted to the Director of Human Reso,Jrces within lqve.
~5~ days. No more b'~an ~/~ names can be sb"uck fi.om the Iisi by elb~er the Chief er the
Associatiom
(2)
The Assessment Center Examination date will be posted on the same day the
written test announcement is posted. A bdef explanation of the cente~
exercises shall be posted at least three (3) days pdor to the wdtten [esl
Aseessom shall be trained for a minimum of eight {8) hours in the methods to
be used in adminlstedng the test. Ail candidates will be given the opportunity
to ar(end a oiassroom orientation concerning the assessment center process.
The edenlation will include general inferma[ion concerning ~ exercises they
w~ll be taking dudng the assessment process. The assessment center process
sha~l include at least three~.~ exercises.
(3)
Feedback shall be provided to each candidate in a "[eedback' session by the
assessment center coordinators. The purpose of this session will be to
provide each candidate wi~ h!s score, what areas he excelled in, what areas
he did poorly in, and what he might do to improve his perfermance In the
future.
3O
I (4)
C. EIIgibili~
The results of the Assessment Center examinaben shall be binding for one (1)
year and, with the exception of fraud, shall not be appealable to ~he Civil
Service Commission or to arb~'atJon,
Usts.
(1)
(2)
Within forty emht j.48) hours, excluding weekends and holidays, of the
conclusion of the entire assessment center process an eligibility list shall be
prepared and posted. Each eligibility list shall reflect the ranking of all
applicants based on the following wetghts:
ia) Wdtten examinalion scores 40%
(b) Assessment Center Board examination so)re 60%
100%
Plus one p~nt for each year of service in
the department up to a maximum of ten points 10 polnle
110 points
Such e~lgibili~/list shall be valid for a pedod of ~elve ~_12.) c~nfinuous months
h'om the date of §nal posting or until the list is exhausted.
A~TICLE ~K
G~J E'VANC E PROCEDURE
Sect]on 1. Sco~e of Grievance Pro~:edure.
Any disputes or grievances wh,:h may adse between the City and the Union or an
individual employee shall be resolved as provided in Ihe following grievance procedure,
excepting only those disputes remaining within the jurisdiction of the Civil Service
Commission as created by Chapter 143 or Article XI of this con~act.
Section 2. Right to Pre~ent GHevance; Union Rem'esentaflon.
Any employee may present a grievance to the City on a form provided by the Ci["y and
such grievance will be processed in accordance with [he grievance procedure ouUIned
here~n. When requested by the employee and agreed to by the Union, the Union may
represent and act for the aggrieved employee at all levels of the grievance procedure.
Class Action Grievances. Grievances affecting two (2.) or more membem o[ the
bargaining unit shall also be processed In accordance with the procedure outlined hereto.
Section 3. Procedure for Handlin~ Grievances.
Step 1.
Wifl3in ten ~.10} calendar days of the incident giving dse to the grievance or within ten
(10) calendar days of consh-ucttve knowledge of the event the employee shall file a written
grievance wi~ the Fire Chief The written grievance shall be filed on the Gdevanoe Form
provided by the City and shall contain the following information:
(1) A statement of the grievance and the facts upon which it is based;
(~)
Shall point out the provisions of the agreement considered applicable or
alleged to have been violated, if any; and where prevailinc~ d(lh~s or a past
practica is a basis pi~ the (ldevance, the specific dqht or practice must be
identified;
(3) Shall slate the remedy or adjustment sought; and
(4) Shall be signed by the aggrieved employee.
~The Fire Chief or Deputy Chief shall meet with the employee, discuss the grievance,
and shall respond in wfi~ng wtthln ten (10) calendar days a¢ter receiving the grievance.
The wfiffen response at this step. and the managemenl responses al all steps thereafter.
shall contain the following infon~atJon:
(1) A~ acceptance or rejection pt' the facts upon which the grievance is based;
(2) An explanation of the provisions of the agreement considered applicable;
(3) A statement o~ the remedy or adjustment, if any, to be made;
(4) The signature of the appropriate management representative.
Step 2.
if the Fire Chief response at Step 1 is rejected, the gdevanca shall be submitted to the
Union Gdevanca Committee within ten (10) calendar days of the Chief's response. If the
Union Grievance Committee decides that no grievance exists or that the Fire ChieFs
response is satisfactory, no further action is required and the Fire Chief's resoonsa to *~=
Cc ........... shall be final and bindinq, If the Union Gdevansa Committee decides that a
grievance does exist and the response is unsatisfactory, it shall, within ten (10) calendar
days of receiving the grievance, forward bSe grievance to the City Manager at Step 3.
Stel~ 3.
If the grievance is submitted to Step 3, the C,i~y Manage~ or hic dociqnoo shall meet
with the employee to discuss Ihe grievance and shall make a response within twenty five
.(.25') calendar days following the receipt of the grievance [rom the Union Grievance
Committee,
Section 4. Arbitration of Grievance.
A, If the grievance has not been resolved at Step 3, the Union may request that the
grievance be submitted to arbitration within ten (10) days after receiving the City
Manager's response.
B. Mandatory arbttrati<:m: Upon request by the Union, a~ilmtion is mandatory on the
part of the City with regard to those grievances or disputes Involving the applicaUon,
interpretation and enfomement of the terms of this agreement and which are limited
to incidents involving individual employees or employee groups rather Ihan me[te~s
affecting the entire bargaining unit as a whole. The refusal I~ submit a dispute to
arbil~ation where arbitration Is made mandatory by this section, shall be deemed an
action or omission pertaining to the fights, duties, and obligeaons provided by The
Fire and Police Employee Relations Act (the 'Act') and the parties requesting
arbitration shall be entitJed to the remedies allowed by Sec~on 174.251 of the Act,
subject to judicial determination.
C. Volun[arv Arbitration: Any otha' disputes, including contract inteq)retations on
application as they might possibly or otherwise aftect the bargaining unit as a whole,
may be submitted to voluntary arbitration only upon the mutual agreement of the
City and ~ Unk~n.
D. Arbitration Procedure: Within ~ ~10.) business days attar a request for mandatoq/
arbitration or an agreement for vciuntary arblti'alton, the City and the Union shall
meet to begin the arbitration procedures provided herein.
(1) Expedited or Conventional Arbib'ation:
Upon agreement beb~veen the City and the Union, such arbitration shall be
conducted according to the expedited labor arbil]'ation rules of the Amedcan
Arbitration Association (AAA). In absence of such an agreement, the arbib'ation
shall be conducted acc~'ding to the convenl~onal Voluntary Labor Arbll~aflon
Rules of the ~ Pro~ded, however in case of conflict bebNeen AAA r~ies and
this contract, the contract shall control.
(2) Choosinq The Arbitmto~
A list of seven (7) qualified neutrals shall be requested immediately h'om the
American Arbitration Association. Within five (5) business days alter receipt of
the list, the U~nlon and the J~,effy shall alternately strike names ~ the list and
the last remaining name shall be the arbitrator.
(3) Vadous Rules Applicable to Arbiti'aUon Proceedings:
The headng on the arbitration shall be informal and the sb~ct roles of
evidence or pleadings shall not apply. The arb~ator shall not have the
power to add to, subb'act tram, or modify the applicable provisions of this
agreement in arriving at a decision on the issue or issues presented but
33
shall confine his decision to the interpretation, apptica6o~ or enforcement of
this agreement as applicable to the facts and circums/ances presented.
The arbitTatcx shall co~fne hlrneeif to the Issues submitted f~' aYoitra~ion,
and shall have no authority to deterrnlne any issue not submitted to him.
The derision of the arbib'ator shall be final and binding upon the aggrieved
employee, the Union and the City, subject to judldal review as provided by
Sec~on 174.253 of the Texas Local Govemmont Code.
(b)
The pa~es, during arbitration hearings, shall have bbe following rights: to
exchange the names o~ witnesses to be called and the nature of their
testimony pdor to the hearings; to require the arbllrator to subpoena
w~tnasses; to be represented by legal counsel; to present evidence, tasl~fy
and argue the evidence; to confront and croes-examlne adverse witnesses
(subject to the reasonable discretion of the arbll]-ator to admit hearsay
ev~denco); to have dlsoovery apprepdate to ~ nature of the case pd~ to
headng, subject to rules of disoove~ in Texas dvil cases. Judicial rules of
evidence need not be sl~c~y followed; w~tness~s may be placed und~ the
rule, and all headngs shall be public unless otherwise agreed by the
affected parties. ~ rules of the American ArbilmlJon AesodalJon shall
govern the conduct of headngs exoept where in conflict with this contract.
The arbllrator shall render a decision in whlJng setting forth the masons f~
his decision. The conclusion reached by the art~l~ator shall be based
solely on evidence adduced at the hearing. The arbilrater shall not
communicate with parties or witnesses rolalJng to the fects or subject
mal~er of the case witheut giving all par~es notice and the opportunity to
attend. A~bi~'ation hearings may be con,hued or recessed by the arbi~'ater
in the interest of justice or when mutually agreed by Ihs paraes.
(c)
Il is hereby agreed that witness fees shall not be considered as arbitration
~'ees or expenses, and arrangements to compe~sete witnesses, w'nether
such witnesses be lirefighters or not, shall be made by the party calling the
witnesses, and neither party shall be required to pay for witnesses of the
other party. Ag such hours which are over the regular scheduled work
week will be paid at the rate of time and a half. Provided, however that
nothing herein shall require the gdevant er /he Unio~ to compensate
witnesses called by them.
(d)
Nothina in this aqreement shall prevent the AsSOCiation [rom charqinq non-
members a reasonable fee and expenses for representation, in accordance
with its b¥-lews and other a~plicable law.
Section 5. Payment while Partlch~atJn{3 In Grievance and ArbltraUon Procedures.
Union officials and members padJcipating in the gdevance and arbltmlJon procedure in
an official capacity shall receive ~ull pay while performing the duties required under the
previous sections. This shall include the Union represunlafve of the aggrieved employee
at Steps 1 through 3 and the Union P_president and _C~hairman of the Union grievance
committee and such other Union officials equal In number to the size of the City's
arbitration team, if rnor'e than two (2), excluding legal counsel.
Section 6. Appeals From Pr<mlotlonel Bv~ass.
An employee who is bypassed for prornol~an pursuant to Chapter 143, Section
143.036, may appeal such decision to arbiba§on within ten {10) days of receiving written
notice thereof. The notice of bypass shall state the Chiefs reasons for such bypass_ The
ernployee's appeal shalt be in writing and shall be filed wffh the Directo~ of Human
Resources. Said appeal shall be decided by one (1) arbti]'ator chosen in accordance ~
this policy, The City and the employee shall share equally the arbitration fees and
expenses, except where the Un!on represents the employee it shall pay his share. With
respect to promotional bypass, the employee shall have such right to appeal the
arbit]'ator's decision to district court as he is given In Chapter 143 to appeal the
Commission's derision, and no greater right.
~Soction 7. Sucponr~onc by Aqroomont. Notwithstanding any other provi~ons of this
¢,ontract, tho Chief shall have tho authority to cur, pond an employee for 3 podod of time not
more than thirty (30) days, U/here tho employee agrooc in ~wtflng to tho cucpension. Tho
employee cheil have no Hght to appeal such agreed oucponr_4on or to make it tho eubj~ot
of a gdov-,noo, and no administrative or judicial body cheil have tho power to review such
;3 cuc~ooncio~ or to alter tho terms of tho agreement.
ARTICLE Xi
APPEALS FROM DISCIPUNARY ACTIONS
A. Notwithstandinq the provisions of Chapter 143 et the Local Government Code or
any other I:)mv~sions of this contract, the Chief shall have the authedb,' [o susoend an
emplovee for a pedod of time not more than thirty (30) calendar davs with said suspension
subiec[ to apl>eel. Appeals by an employee [rom a demotion, temporary suspension, or
indefinite suspension under Chapter 143 shall be determined by the arbitration procedure
provided herein, rather than by the Civil Service Commission.
B. Disciplinary action may be taken against a Fireflghter within six (6) months of the
discovery by the Chief of conduct by the Firei~ghter which would cons~.'ute a felony and not
thereafter. Provided that such limitation shall not prevent disciplinary action against a
Firefighter based upon his conviction for any such crime no'wflhstanding that discovery of
the conduct on which the conviction is based occurred more than slx (6) months before the
disciplinary acUon. Provided further that no disdplinary acUon may be taken for conduct
on which the cdminaJ statute of limitations has run, regardless of the date of discovery.
C. Pdor to any such disciplinary action, the employee shall be given written notice of
contemplated disciplinary adden, stating the action or actions contemplated and the
reasons therefore, and notJ~/tng the employee that he may rebut the charges to rite Chtaf,
either orally or in wilting, within a reasonable lime, which time shall be stated in the notice.
35
D. After the notice and opportunity t'or rebuttal provided in the preceding paragraph,
the Chi~ may demote, suspa~d or terminate an employee by personal sen/ice on the
employee et' a written statement of charges, if the Chle~ should be unable to secure
personal service after due diligence, service may be made by mailing it to the employee by
certified mail. return receipt requested, in the mail addressed to the employee's last known
address, along with delivery of the statement to the Association. Proof of such se~'vice
shall be suffi(~ent to support any disciplinary actiar~.
E. A copy of such slatemertt, along with a copy of the notice et' conternpiated
disciplinary action, shall be promptly filed with the Director et' Human Resources el~ the
city.
F. The w~ttte~ statement shall point out the particular rule or rules alleged to have been
violated by the employee and [he specific act or acts alleged to be in violation. Said
statement shall inform the employee that he has ten (10) days after receipt th~eof to file a
written appeal with the Director of Human Resoumes. It' alternate ser'vice is had as
provided herein, the employee shall have then ten (10) days from service upon the
Associatlen.
G. Appeal fi.om suspension, terminalJon or demotion shall be dec~ded by one (1~
arbitrator, selected according to this ccntract.
H. Upon receiving an appeal from an employee, the Director shall act immediately to
noilly the As. social~on and the Chief of the appeal to arbitration. The employee and the
City (the par'des) shell attempt to mutually agree on an arbitrator. Il~ the parties fail to agree
on an arbitrator within ten (10) days after the appeal is filed, the Director shall Immediately
request a list of seven (7) qualified nectrals from the American Arbia'afion Association.
The parties may mutually agree on one ~1~ et' the seven 7.~)_neutrals. if they do not so
agree, the parties shall alternately strike the names on the list within five ~.) working days
after receipt ~ the list, and the remaining name shall be the arbitrator. All parties shall act
to complete the selec"don process at the earliest possible date. The arbitrator shall be
immediately notified of his selection.
I. The hearing shall be commenced within such reasonable time as the arbitrator
selected can be scheduled. It' the arbitrator selected cannot commence the headng within
sixty (60'1 days from his selectio~n, either party may within bNo (2~ days of so learning, call
t'or selection of a new arbilrator, and if ~he parties cannot agree upon a subslitute wffhln
cme 1~ day of so learning, eao~er arbitrator shatl be selected from a new list of seven
names imme,4ataly requested ~'om the American Arbitration Association, according to the
procedure set out herein. The hearing shall be scheduled so that it can b~ completed
without break, in consecutive calendar days (excluding weekends and holidays). The
arbitrator sh~t make an award within thirty (30} days of the dose of evidence in
conventional arbitration hearings. Post hearing bdefs shall only be permitted in
conventional arbitration hearings, and must be mailed to the arbitrator within seven 7~
days of the close of evidence at the hearing.
36
J. A stenographic transeriptio~ of the proceedings shall be mede only upon written
agreement of the parties paler to the commencement of the headng. Should there be no
agreement, the party destdng the transcript may have the transcript made at Its sole
expense.
K. The award of the arbYmator shall state which paKdcular factual charges he finds to be
true, if any, and the particular rules he finds such conduct to have violated, If any. Where
the charges are upheld, the award shall state whether the discipline imposed is upheld, or
whether some lesser discipline is substituted. An employee shall be enlJtled to recover
backpay for any part of a suspension not upheld by the arbitrator.
L. The [(Nlow~ng rules shall govern the conduct o¢ beadngs under this section, and o[
certain preliminary matters:
(t) Upon request ~ either party addressed to the opposing part,/ at least two
days prior to the date of headng, the parties shall exchange the names of
wit]3esses expected to be called at the headng. Upon failure of a party to
dis4~ose such withesses, the arbitrator may exclude their tesltmony.
(2) The arbilrator shall have the power to subpoena witnesses, records, and other
evidence. Pdor to the headng, the Director of Human Resources shall Issue
subpoenas requested by the parties In the name of their arbitt3tor. A party may
apply to the arbia'ator to quash a subpoena so issued.
(3) In all headngs under this sect]on, the burden o1' proof shall be upon the Clbj.
(4) The padies, in writing, may request discovery Eom each other concerning the
case. Should the other party not agree to provide the requested information
within three (3) days of the request, the request, shall be deemed denied. The
requesting party may then apply to the arbil]'ater, who shall order such discovery
as appropriate to the nature o[ the ce.se, subject to rules ol~ discovery in Texas
civil cases. In considering the application, the arbitrator shall consider the
burden and expense o[ producing the th[on'nation, the need o[ the requesting
party, the amount of time available pder to the headng, and such other matters
as he may deem material. In no event shall discovery be permitted to detay the
hearing, and in no event shall discovery be requested within three (3) days prior
to the headng.
(5) All headngs shall be public unless it is expressly agreed in writing by the par'des
that I~e heanng shall be closed to the public. In any event, the final decislo~ of
the arbitrator shall be public, although public announcement may be reasonably
delayed upon request of the par'des
(6) Unless otherwise provided in this contract, lhe conduct of the headng shall be
governed by the rules ot' the Amedcan ArblttaUon Association.
M. The Arbitrator shall have all powem vested in the Commission under Chapter 143,
and the Commission Rules, with respect to suspensions, terminations, and dernotlons,
except the power to amend such rules,
N. Any no,ce or statement required to be flied by [he Fire Chief or [he employee in a
disciplinary proceeding under Chapter 143. under Commission Rules, o~ under this
contract, shall be filed with the D~ractor of Human Resources of the City.
O. With respect to terminal~ons, temporary suspensions, and dernotlons, the employee
shall have such right to appeal the arbitrator's decision to district court as he Is given in
Chapter 143 to appeal the Commission's decision, and no greater dght.
P. Unless otherwise provided in this contract, In cases of conflicL the provisions of this
con,'act will coob-ol over Chapter 143. Civil Service Commissioo Rules. and American
Arbitration Assoda§on Rules; and Chapter 143 and Civil Service ru~es promulgated
pursuant to it shall control over AmeriCan Arbitration Association rules.
Q. The City and the aggrieved employee shall share equally the fees and expenses of
the arbitration. Where the ~iation represents the employee, it shall share equally the
arbitration tees and expenses with the City. Nolflinq in this aclreement shall prevent the
AsSOCiation from charaina non-members a reasonable fee and expenses [or
representation, in accordance with its bwlaws and other applicable law.
__~1 hearings which are expected to be completed in one (1) day shall be submitted for
expedited arbitration. On all other hearings, the pa~es may agree to request expedited
arbitration.
R. Any deadline or time restrictions set out in this contract with respect to disciplinary
proceedings may be modified by written agreement of the pa~es. However, neither party
may be compelled to waive its dght to insist upon the deadlines and time restrfctions
provided by [his Contract.
S. Susponsions by Aqreeme~t. The Chief may suspend an employee for a pedod of
time nat moro than sixb/(60'~ calendar days provided that the employee aqrees in writinq to
the suspension. The employee shall have no dclht to appeal such aqreed suspensio~ or [o
make it the subiect of a c~devance and no administrative or iudicial body shall have
power to review such a suspension or to alter the terms of the aqreement.
ARTICLE Xll
HEALTH & WELFARE
Section 1, Labor-Management Committee.
The City and the Union, having recognized that cooperation behveen management and
employees is indispensable to the accomplisAment of sound and ham~onious labor
relations, shall jointly maintain and support a Labor Relations Committee. The
Labor-Management Committee shall consider, discuss, and recommend to the Chief or the
Cita/ any pro/olems pertaining lo the ~ploy/Tl~rll condilions ot employees. The Union
shall de.s~Jnate its represenlalJves. The City shal~ designate its representaUves. The
Labor-Management Commlffee shall meet quarterly ~ at the call o~ either the Unlon
members or the City members at I~mes mutually agreeable to bo~ parties.
Section 2. Identh~catlon Cards.
The City shall ~Jmish all Firefighters idenlJr]cation cards beadng the member's name,
photograph, rank, employee number, and centaining a space for He signature of the
member.
Section 3. Health Insurance and Life Premiums.
A. The City agrees to provide one or more group health plans for lirefighte~s.
[1)_ Effective September 1, 1994, no employee covered by CIUCare Rre may select
health insurance coverage of any other plan offered by the City. Employees
covered by Humana or Ptan II may select coverage under CiflCare Fire dudng
open-enrollment.
~.2) Bi-weekly premium costs for C, ltJCare Fire as of Auqust 1, 2004 are as fo~lov~: the
pay~no(~ of March 16, 2002, ch311 be as follov,~:
Employee Cosl City Cost
Employee $34.94 $97.53
Employee & Spouse $115.01 $177.59
Employee & Children $98.63 $161.22
Employee & Family $164.43 $227.01
E..,~,~,ee 15~72 ~8,31
Employee & Spou~ 72.~,, 135.13
Employee & Children 60.9! ~?_3,51
Employee & Family !07.6!
When the Risk-Ek~nefits Manager for the City, applying reasonable and prudent kind-
management pdndples, delermlnes that an increase in premiums Is necessary rasull~ng
h'om a compadso~ o[ premium revenues versus insurance claim costs and projections, the
increase in ~emium costs sha~l be shared en an equal basis by the City and employeas
(50% City - 50% employee). Premium in.eases for ClflCare Fire will be based exclusively
on the performance of CifiCara Fire as a separale group. No increase in premiums shall
39
take effect until the Union is notified in person and in writing. A minimum of thirty (30) days
notiflcatior~ of the pending ino~ase and the reasons for the increase shall be given. City
records documendng the need for ~he increase will be made available to the Unico in a
reasonable and timely manner upon request.
£3.,~3~The City retains the dght to negotiate with medical providers for benefits and
coverage under CitiCare. The Cily agrees that the Firelighters under CiflCare Fire
shall be able to utilize the prefen'ed provider program negotiated by the City for
CitiCare at the rates negotiated, with coverage provided in the CifiCara program
as rsvised [rom time to time. Firefightars covered by CitiCare Fire shall have the
[ollowing deductibles, co-pays and maximums:
~ $100.00 individual annual deductible ($300.00 maximum per [amily).
bB. 85% (City) - 15% (employee) co-pay after the deductible is met for
ser~,'ioes provided by ClfiCare's preferred provider.
~_. 80% (C~ty) - 20% (employee) co-pay for services provided oulside the
C~Care network in an emergency sltuat~m or services provided outside the
network as the result o¢ referral by a CitiCare provider.
d~)_. 70% (city) - 30% (employee) [or services prowded outside CiflCare's
preferred provider net-work system other than those in Section C.
eE_. $525.00 annual out-or-pocket maximum per employee or dependent
$1,575.00 per Pamily (exclusive of the deductible amounts, subject to the
lifetime maximum benefit in the C, itiCare Fire Plan)
~4.,~4~ The City retains the dght to withdraw [rom the Humana Health Ptan.
B. RelJree Health Insurance Coverage
Employees who retire under ccoditions of disability in accordance with the Corpus
Chdsti I~refighters' Re§rement System or Social Security or under regular
retirement under the Corpus Chdsti Firaflghtars' Retirement System or under
Social Secudty after ten (10~ years of continuous service with the City shall, along
with their previously participating spouses, and otherwise eligible dependents, be
~igible to continue participating in the cib/s group health Insurance Public Satiety
Ci[iCare The Union recognizes that the premium cost of such continued
coverage for retired or disabled i~irefighters and dependents exceeds the premium
cost of Identical coverage for active employees. The premium cost for such former
employees, their spouse and dependents shall be the responsibility of the fon'ner
employee. Coverage shall remain in force for said fon'ner employee while paid.
Coverage shall remain in force for a spouse of such former employee while paid
excerpt as follows: The spouses' dghts shall continue after the employee's death,
but shall terminate upon divorce or remarriage.
Coverage shall remain in force for a dependent of such former employee, while
paid, until such dependent becomes ineligible due to age or marriage as defined
by the plan offered.
('4.)
Such former employees, spouses or dependants age sixty five ~.65J or over ~
olhen~vise eligible for Medicare are reduimd to participate in Medicare A & B in
order to rernaln eligible for coverage.
C. The City agrees to pay to the Union a contribution equal to $15.00 month per
employee, which the Union agrees to usa for supplemental insurance programs for active
or retired Flireflghtars. In addition, the City shall pay to the Union August 1, 1995, and
each August I thereafter $75,802 fo~ the Corpus Christi Firelightem Health and Benefit
Trust. Effective August 1, 1998, the $15.00 per rnonth conl~'ibution pe~ employee shall
increasa to $30.00. Effective upon execution of this aqreement, the Cib/shall conl~ibute a
one Ume lump sum payment of $13,000.00 to the Union Cot use for supplemental dental
insurance proqrams for active or retired employees.
D. The City shall provide basic life insurance coverage for each Firefightar equal to the
Fireflghter's annual salary.
Section 4. IDl~leblll~.
No sick leave shall be charged for injury or illness sustained in the line of duly.
Employees shall be paid leave in an amount not to exceed their regular salary as provided
by Section 143.073, Chapter 143 [or injuries or illnesses ocz;urdng in the course of
employmenL
__The use of accrued sick leave may be granted to any Firefighter at the discretion of the
Chief for job-related illnesses or injudes after injury leave has been exhausted. For
purposes of line of duty illness or injury leave, 'line of duty Illness' shall be defined as an
illness which has been directly and substantially caused by bhe du§es of Ihe position.
Provided, however, that this definition applies or~ly to a line of duty illness under Section
143.073, Chapter 143. and is in no way intended to govern the payment of benefits under
the workers' compensation statutes, which benefits shall continue to be governed solely by
the workers' compensation statutes.
~A disability shall be defined as a physical injury or illness which prevents an officer fi'om
fully performing the duties of the position to which he was assigned at the time his disability
commenced_ A 'permanent disability' is an Injury or illness which disables a Ftireflghtar to
the extent that it cannot be said in reasonable medical probability that he will be able to
return to full duties within one (1) calendar year [TOm the date that the Fire Chief determines
in writing that the disability Is penT, anent. Upon terminaUon for permanent disability which is
non-Job related, the Firefighter shall be entitled to a lump sum payment for all his
accumulated sick leave, and for accumulated vacalJon leave not in excess of the limit
established by AJ-ficte XII, Section 8_5 of this Agreement. Upon termination for permanent
disability which is Job-related, the Firefighter shall be enUfled to a lump sum payment for any
injury leave he may have remaining out of the one (1) year provided in Chapter 143, Seclion
143.073, all accumulated sick leave, and for accumulated vacation leave not in excess of
the limit established by Article XlI, Section 8 of this Agreement. Ail s~Jch payments shall be
calculated and compensated as of the date the employee Is determined to be pe~'rnanently
disabled and shall not include additional accrual of sick leave, vacation, er hc~idays beyond
that date. The procedure far determining the permanent disability shall be as follows: In the
event the Chief determines after consultation with the City designated Physician that a
Firefighter is penT~nentiy unable to perform his or her job duties, he may institute
immediate termination or reUrement whichever, is applicable.
Prior to taking formal action on the above detarnfinafloo, the Chief will Inform the
Pension Board, In writing, of his intentions. The F~refighter may call for further examination
by a board o1' three physicians. O~e such doc/er shall be appointed by the City, one by the
Firefighter, and the third by said doctors. Provided, however, that the third doctor must be
approved by the City designated Physician. The dod. or designated by the Flre~ighter shall
be paid by him. The other b~vo doctors shall be paid by the City. The decision of e majority
of three physicians as to whether a permanent disability as defined herein exists shall be
final.
A Firefighter who has previously bean terminated due to disability may, if found to be
otherwise qualified within two (2) years of the termination date for disability by the Chief,
be eligible for reappolnb'nent at the same rank upon certification by the City's designated
Physician that he or she has recovered and physically is able to perform full duties.
Section 5. Sick Leave and Retirement Pool.
A. Each Fireflghter shall accumulate fi[teen (15) days o[ sick leave with pay per year.
Effective January 1, 1988, the Sick Leave Retirement Pool will have a maximum balance
ot 2,000 days. Quarterly accounting will be rnalntained to provide a current balance of
such days. Days used in accordance with provisions outlined below will be deducted from
the pool until it reaches a minimum of five hundred ~.500.) days, at which time two (2) sick
leave days per Firefighter per year will be transfen'ed from his/her individual account into
the poc~ unlit the pool reaches its 2,000-day limit.
The Pool shall bo used to compensale _Ffiret'~jhters who retire, dudng the term of this
conb-act, other than on disability retirement, with more than ninety (90) days ot accrued
sick leave to their individual credit. Subject to the maximum limits specified In Sub-Section
B, below, the retiree shall be compensated from the Pool for the amount of sick leave
acoru~d to his/her individual credit that exceeds ninety (90) days.
B. Upon termination, other than on disability retirement, an employee's compensation
for the sick leave accrued to his/her individua/ credit shall be limited to the ~ollowiog
amounts, according to the employee's time in service.
(1) Less than 4 full years of service: zero days.
42
(2) 4 full years of service: not more Ihan 30_days.
(3) 5 full years of service: not more than 40 days.
(4) 6 full years of service: not more than 50 days.
(5) 7 full years of service: not more than 60 days.
(6) 8 full years of service: not more than 70 days,
(7) 9 full years of service: not more than 80 days.
(8) 10 or more full years of se~lce: not more than 90 days.
(9) 20 or more full years o1' sewice: not more than 150 days.
(10) 25 or more full years of service: not more than 180 days.
C. I1' a _Ffirefighter dies, any and all amounts he or she would have been enlJUed to und~
this section, or the enlJre amount of accumulated sick leave, whichever is greater, shall be
paid to his or her dependents or eatateI
D. The partJes ac~ree that the payment of ac~'ued sick leave as provided bv state law and
this contract shall be based only on base salad. Ionqevib,, pay, certification DaY, and
assiqnment Day as Der current oawoll practice which is in comDtlanc..e with state law and
not in violation of this aareernent and pdor colleclJve barq. alnlnq aqreemenls. This
provision will prevail over the provisions of the Texas Local Government Code Section
143.045. Appendix E sets forth the pay methodc~oqy for eliqible accrued sick leave.
Section 6. Toxicology Rel~orts.
The City shall pay for the cost of toxicology reports in instances where a Fireitghter dies
as a result of an on-the-job injury of' upon request by the employee's family where recent
exposure to exceSS~e smoke or toxic fume inhalation is suspected as a conlTtbut:lng cause
of death.
Sec'don 7. Marldatorv Drug Tee~r~.
The City and the Union mutually agree that Flirefighters may be called upon in
hazardous situations without waming, and that it is imperative to the interest of
Ffiretighters and the public to assure that Firelighters are not substance-impaired. In order
to further their mutual interest in protecang Rrelighters and the public, the City and the
Union agree to testing, as described in Ihe Fire Department Drug Poilcy attached hereto as
Attachment '_1_', The City Manager, Fire Chiet and Director of Human Resources shall be
included in the testing process. The fair and Impartial statistical basis (in which each
i~retighter has an equal chance ot being selected) shall be by a non-discriminatory
computerized program operated and certified as non-discriminatory by an inde~)endent firm
hired by the City, and the employee shall be tested promptly upon being selected by the
computer. No group (as defined by the Fire Department Drug Policy-) -shall be tested
more than once In a six (6) month period.
__Discipline shall be in acc4~danse with the Rra Department's Drug Policy and the Civil
Service Commission Rules and Regulations.
__The sample for teslJng shall be a split sample. The test shall be a Fire Department five
(5) panel test as set out in the Drug Policy- and shall be sent to N.I.D.A. Certified
Laborato~ for testing. No changes can be made to the language dealing with the
provisions of the Corpus Christi Rra Department's /Mc~hol and Drug Policy without
agreement by both the City and the Union.
Section 8. Accrual of Vacation DaYs.
/MI Ffire~ighters hired aifer Septemba' 1, 1998, shall be allowed to accrue unlimited
vacaflor~ leave hours (includes holiday leave hours), but upon relirerne~t, msigna§on, o,r
termination the _Ffiraflghter shall not be paid in excess of four hundred and eiqhtv .(480.)
hours for forW ('40) hour workweek emlatoyees at the rogular rata of pay or seven hundred
end twenW .(720.) hours =.~ ~c for twenty four .(24.) hour shift emolovees into (tho rato for
pocil~ons with c, ohoduled work wooks othor than 40 hours and which aro computod on tho
basic of 173.33 hourc por month). All Fliraltghters hired on or before September 1, 1998.,
shall bo allowed to accrue unlimited vacalion leave hours (includes holiday leave hours),
but upon retirement, resk:jnation, or termination the for'tV (40) hour ~,~)rkweek Fl~relighter
shall not be paid in excess ol an amount equal to seven hundred and twenh' [720.) hours
plus the amount the Ffirafightar had on the books as of December 20, 1998, a ....... = ....
,-.~"~ -,~ ~._... .... If the _Ffireflghtar Is on the 24 hour shift, the _Ffirelighter shall not be paid in
excess of an amount equal to 1080 hours plus the amount the _Flirelightar had on the
books as of December 20, 1998 at tho 2'1 hour shift rato. Appendix E sets i'orth the pay
methodoloqv for elictible vacation leave,
The City retains the current practice of permitting Firelightars to sell one (1) day of
vacation for each day of vaca§on taken to a maximum of fiv__e [5.) days per year.
Fireflghtors can sell back only such vacation leave in excess of thirty [30.) days accrued
vaca§on leave pursuant to this provision. However, effective August 1, 1998, each
Firefighter may sell back to the City two [2.) days of vacation leave for each day of vacation
leave taken dudng the year nol to exceed a total of ten [10) days. For purposes of this
AgreemenL, a Fireflghter working a twenty four .(24.) hour shift shall be permitted to sell
twelve ~.12.) hours of accrued vacation leave per day not lo exceed one hundred and twentY
[120.) hours (10 days times 12 hours) per year, al the twonly four (2'1) hour chiff rata. /MI
other Firefighlars w~)rklng forty {.40} hours per workweek (regardless if on a 4-10 schedule
or 5-8 schedule) shall be allowed to sell back ~iqhty [80.) hours_, at thoir rogular rata.
Appendix E sets forth the pav methodol(xl¥ for eliqible vacation sell back..
The City shall distribute funds in cash or as contributions to a defe~Ted
compensation p~an or as othe(wise directed by the Rrefightar. A~y costs Incurred for the
transfer of funds for distributions other than direct payment to the employee shall be the
responsibility of the _Ffireflghter. The City may require that the Firefightar release and hold
the City harmless for any penalties o( other liability incurred by the City as a result of
allowing the Flreflghter to defer compensation under this provision. The City shall not be
required to make a payment to a deferred compensa§on plan or other plan if it is
determined, in the City's sole discre§on, that such payment or distribution Is not in
compliance with all applicable laws, rules, and regula§ons.
ARTICLE XlII
LEGAL PROCEDURES
Section 1. Legal Defense.
The City will provide a legal defense to any Firefighter In a civil lawsuit, on account of
any action taken by such Firefighter while acting within the coume and scope of the
Firefightar's employment for Ihe City of Corpus Christi. The City will also provide legal
defense for a FIrefightar when he or she receives a ~'affic citation as a result of being
invc~ved in a b'affic accident while making an emergency run to the scene of a fire or an
emergEmcy while acting in the coume and scope of the F'irefightar's employment for the
Cify of Corpus Chdsli. The City, by conducting or participating in the employee's defense,
does not assume any obligation or liability not otherwise imposed by law and does not
expressly or imp4iedly waive any immunity or defense which is available to IJ'm City. The
city shall assume no obligation not othen~tse imposed by law for any judgment which is
rendered against an employee. The City Manager may in his discretion refuse a legal
defense for an employee where there are indications of Intentional acts, gross negligence
or recklessness which will be communicated to the employee in writing. The City shall
provide such legal defense through an attorney not connected ~ the prosecution of such
(1) The I~refighter shall notify the Fire Chief of any claim being made against such
F~rofighter not later than ten (10) days from the date that such F~refighter
received notice of such claim, and shall request the C~fy to assume the defense
of the Firefightsr regarding such claim. The City shall require that such request
be made in wnting.
(2) If suit is brought against such Firefighter, such Firefighter shall immediately
forward to the City Attorney every demand, notice, summons or other process
received by hlrnJher within twenty four (24). hours of receipt.
(3) Such Firefighter shall cooperate with the City and. upon the City's request, shall
assist in making settlements, and the conduct of suits, and in enforcing any
dghts of contribution or indemnity against any person or organization who may
be liable for all or part of such damages, and shall attend all headngs and trials
and assist in secudng and giving evidence and obtaining the attendance of
witnesses.
ARTICLE XIV
ASSOCIATION HEALTH ,aND BENEFIT TRUST
Section 1. Trust Creation.
The C~ty and the Corpus ChdstJ Fireflghters' Association agree that the Association
Health and Benefit Trust is the sole responsibility of the AsseclaUon and that the City has
no involvement in the TrusL
Section 2. Indemnification.
The AssoclaUon shall defend, indemnity and hold the City harmless []-om any and all
claims, legal ac'dons, liability, damages, and expense brought by any parties in coonecfion
with or arising out el" the operaUon or adminlslraUon of the Trust.
ARTIGLE XV
IMPASSE pROCEDURES
PART t
NegotlaMons [or a new conb~ct shall commence in accordance with The Fire and
Police Employee RelaMons Act (the "Act") -and Article VII, Section 2 of this con~'act. If
impasse should be reached as defined in Section 174,152 el~ [he 'Act', eider party may
request medlalJon, and if mutually agreed upon, the parties shall Immediately proceed to
choose one mediator as provided herein. The function and powers of rnedlator shall be as
specified in Section 174.151 of the _'Act_". Ti~e mediaUon shall extend [or fourteen (14)
calendar days. If no agreement is reached through mediabon, upon request of either
party, the parties shall submit the dispute to one Facffinder, The selection of the mediator
and the Facffinder shall occar as follows. When either party requests medialJon or
fac[finding, the parties may agree to choose any mediator or Fac/finder or method of
choosing same. If no agreement occurs within five {5) days [rom the request, the parties
shel{ request a ~ist of seven (7) neutrals from the American Arb~atlon AssocialJon (AAA).
Upon receiving the lisL, the parties shall select the mediator or Fac[finder by alternately
stdklng names. The request to ~ shall state the dates on which the neubals must be
available. The mediator and the F_ac[finder shall be selected within five_(_~, days after
receipt of the list [rom the AAA. The fee and expecses of the mediator and the Factfindor
shall be split equally hehveen the C~[y and the Union. Ail other expenses, including
witness fees, shall be paid by the party incurring the expense or calling Ihe wilness. By
agreement, the parties may submit any issue or issLm8 to the Facffinders. If no such
agreement is reached, then each party shall be ended to submit two proposals to the
Factfinder, each proposal on one (1) dislinct topic. For example, each of these conslJtute
a distinct topic: salary, dependent health insurance coverage, promolional procedures,
political activlltes. Each party may submit ils two {2) proposals, and Ils aitemalNes to the
other parys proposals
__The Factrmder shall conduct a full and fair headng on the issues sabmitted to him. The
hearing shall be informal and strict rules of evidence shall not apply. After hearing all
evidence offered by the pertJes, and any evidence requested independee~y by the
Factflnder, the Facffinder shall render a wrilten dedslo~ making Ondlngs of fact and
recommendalJons as to all matters ki dispute. In [he eplnlon, the Factflnder shall exercise
his independent judgment and shaJl not attempt to 'split the difference.' Where an Issue is
submitted to [he Factfinder in the f0~Tn of a proposal and an altemalNe lo It, the
Factflnder's decision with respect to that isaue must recommend either [he proposal or the
altema§ve. The Faclfindor's decision shall be submEted to the City Council. It shall be
advisory only, and the City Council shall be flee to accept, reject, or modify the Factfinder's
recommendalJons, or any of them.
In making the findings of fact and recommendations, the FactJinder shall co~sider [he
following evidence submitted to him by the parties or obtained at his direction; the overall
compensation In the current co~tract Including direct salary and fringe benal~ls; the Income
available to the City and demands on that income; a comparison of wages, hours, and
conditions of employment of Corpus Chflsfl Fireflghters wffh the wages, hours, and
conditions of employment of other public and private employees performing similar
services and with other employees generally In public and pdvate employment in
comparable coromunllles and in Corpus Christi; Ute hazards of employment, physical,
educational, end mental qualificalJons, jo~ training and skills required of a Corpus Chdafl
Firefighter; the cost of living in Corpus Christi re, alive to other co~munlltes; the rate of
increase in the cost of living for the preceding Iweh/e {12)-rnonth pedod using localized
data to the ~llest extent feasible; and any cuR'eat national or state policies er guidelines
with respect to compensefion. Provided. however, that In weighing evidence the wages,
hours, and conditions of employment of workers other than Corpus ChdstJ Flraflghters,
offered as a comparison, the Fac[finder will determine the comparability of such other
workers without regard to whether or not they engage in collective bargaining with their
employers.
PART II
In light of the availability of I~ac[flnding as a means o1' impasse resolul~on, as provided
above in Part I of this Article, the parties agree that binding arbitTatJon is not necessary for
the resolution of Impasse. ConsequenOy, the parties agree that neither will request the
submission of unresolved issues [o arbib-a~Jon under the "_Act_", or any other statute, City
Charter provision, or ordinance; any such request shall be void and ineffective.
Additionally, the Union withdraws its support of any proposed Charter amendment that
would provide for compulsory binding arbilra§on in the event of impasse, Specifically. the
Union makes the [ollowing promises:
(1)
It will not bdng any legal acaon seeking to force an election on such a proposed
Charter amendment or seek enforcement oi' any court order reduidng such an
election on compulsory binding arbitration;
(2) It will not circulate a petition before July 31, 1983, calling for an e~ectJon on such a
proposed Charter amendment on compulso~ binding arbitral~on;
(3) It will not aid or encourage any pemee to do any of the acts described above in
subparagraphs (1) and (2) of this Part II;
(4)
It pledges its cooperaUon and the cooperalJon of ils members in aiding the City's
attempts, if any, to effect a withdrawal of Ihe writ of mandamus issued in
Intemaltonal ,~,seciaflon ol= F~reflghtam, e~ al. -v. Luther Jones, et al., Cause No
79-2968-E, 148th District Court, Nueces County, Texas. This cooperation shall
include, but shall not be limited to, the jolndar of the Union, and of ils membecs
who ara plainitffs in the above-caplJoned lawsuit, In a Molton to Vacate Wdt of
Mandamus, or similar p~eadlng~=
(5)
If a Charter amendment election is ultimately held before July 31, 1983, on a
proposed amendment that wcxJId provide for compulsory bir~tn9 arbit~atton, the
Union will not lend its support, public or othe~Nise, to the passage of such
proposed amendment on compulsu~ binding arbltralion. The parties agree that
each of the above promises of the Union is in consideration o~ the CIb/s
agreement to factfinding as a means of impasse resolution. If the Union breaches
any of the promises, the City may, In addition to ils other remedies, decJare Part I
of this .N'bcie null and void and be relieved thereafter Eom any duty to comply with
it. The above promises of the Union are cumulative, compliance with one or more
of [hem will not relieve the Union of the duty to perform the remaining promises.
likewise, unenforceabllity of any of the premises or impossJbility of performing any
ol= the promises whether due to the legat invalidity or other cause will not retieve
the Union of the duty to perform the remaining promises.
.,M~TICLE
DURATION AND CONCLUDING PROVISIONS
Section t. Duration.
This agreement shall be effective as of date of signing and shall remain in full [orce and
e~fect until July 31, 20034_5, and therea[ler until superseded by a new contract.
Section 2. Severabllltv.
if any arUcie or sectio~ of this agreement sbo~JId be found inva!id, unlawful, or
unentorceable by reason of any existing or subsequent enacted legislation or by judicial
authority, all other articles and sections of this agraemen[ shall remain in full force and
effect I~or the duration o[ this agreement.
Section 3. Conflict with Civil SM'vice Statute.
To the extent that any of the provisions of the agreement conllict with Chapter 143 or
any other State Civil Service Statute, the provisions of the agreement shall control and the
applicability of such statutes are aJte~ed accordingly.
Section 4. CoPies of A~reement.
The City shall provide suf~cie~t copies of this agreement, without alteration, so that
every employee covered herein shall have a copy. The City shall be responsible I~ the
disl3'ibutlon o~ the c~oies of this agreement [o membem o[ the bargaining unit_
CONCLUDING PROVISION
IN WITNESS WHEREOF, we have executed Ibis agreement this __
IITY OF CORPUS CHRISTI
~Georqe 'Skip' Noe, CITY MANAGER
CORPUS CHRISTI FIREFIGHTERS
ASSOCIATIONorpuc Chdcti F~mfightom
A~cc!35c,-,
LOCAL UNION 936
Negotiating Team Members
Carlos Torres, PRESIDENT
Negol. Jating Team Membem
day ol~
Armando Chapa, City Socrel:3ryCITY SECRETARY
day of ,200_52~_
APPROVED:
Mary Kay Fischer, CITY A'I-rORNEY
day of ,200_52~_
50
Attachment 1
Fire Department's Alcohol and Drug Policy
A. INTRODUCTION
The Corpus Chds§ Rre Department has a responsibility to provide the highest level o[
pubtlc safety service attainable by a City. Ail employees of the Deparlment share in this
responsibility. The sensilJve position of all §refighters involved in fire suppression and/or
emergency medical services or other assigned dul~es requires assurance that there is no
use of illegal or prohibited drugs. It also requires assurance that flre§ghters are not under
the inl~uence of alcohol while on duty.
The City of Corpus ChdslJ is also obligated under the Drug-Free Wod(place Act of 1988
to provide and maintain a w~:)rkplace flee of illegal or prohibited drugs.
B. EFFECTIVE DATE AND EMPLOYEES COVERED.
The amendments provided by Iflis policy become effective upon execution el~ the 1997-
2000 cotiective bargaining agreeme~nt belween the City and the Uni(:m -and will be
incorporated into the Fire Department General Manual to be effective -as of that date.
This policy applies to all sworn personnel and trainees in the Fire Department,
regardless of rank or assignmect Ail dvilian personnel am covered under the cltywide
policy (H.R. 15.0).
C. PROHIBITIONS:
This policy prohibits:
1. The use, unauthorized possession, manufacture, distribution or sale of illegal drugs or
drug paraphernalia.
2. The unauthorized use, possession, manu[acture, disthbution or sale of any controlled
substance.
3. The presence of a detectable levet of any illegal drug or unauthorized controlled
substance or any metabolite of any such substance In the body upon being tested.
4. Being under the influence of alcohol or possessing alcohol while:
(a) operating or occupying any city vehicle at any time; or
(b) at any local~on dudng the flreflghter's working hours including all lunch and break
times.
5. Use of alcohol while off duty in violalJon of Civil Service Commission Rules and
Regulations, and Chapter 143, Local Government Codes.
6 Unauthorized storage in any locker, desk, City vehicle or other repository on City
premises or wod~sites of any illegal drug, drug paraphe*'nalia, unauthorized contr~led
substances or alcohol.
7. Switching or adulteraling any udne sample submitted [or tesling,
8. Refusal to consent to tesUng and submit a spedmen for tesUng when required under
this policy. Consent is indicated by signing any fu~'n required by the City's Medical
Advisor or laboratory collecting the specimen for testing,
9. Failure lo pass any drug or alcohol t~st administered under this policy.
10. Refusal to consent to inspection of any desk. E~-~er or other City properly under a
6re6ghter's control when requested by a super'~sor.
11 .Arrest or conviction I:or any drug or alcohol-related crime committed at any lime.
12. Failure to notify the Fire Chie[ within five (5) days after arrest or conviction I:or any drug
or alcohol-related crime committed at any lime.
13. Failure to report to hisser supervisor the use of any controlled subslance prescribed by
a physician er non-prescription drug which may impair the i~relighter's ability to sal~ety
and fully perform his~her duties.
14. Failure to keep prescribed drugs in their original container which idahoes ~ drug,
date of prescription and prescribing physician or provide other proof of drug
prescdplion and prescribing physician.
15. Failing to adhere to the provisions o[ any agreement execuled by the firel:ighter which
requires treatment or counseling [or alcohol or drug abuse.
D. DEFINITIONS UNDER THIS pOLICY
1. ILLEGAL DRUG: includes heroin, cocaine, crack cocaine, cannabinoids (marijuana,
hashish, THC), PCP (phencyclidine), LSD (lyserglc acid diethylamide) and any other
controlled substance not validly prescribed by a physician.
2. CONTROLLED SUBSTANCE: includes all bi' the above illegal drugs plus any other
substances covered by Schedules I through V of the federal Controlled Substances Act
(21 U.S.C. 801 et seq.) er the Texas Controlled Substances Act (Chapter 481, Texas
Health and Safety Code). Controllad substances include amp~netamlnes, barbiturates.
methadone, benzodiazepines, methaqualone, morphine, codeine and anabolic
sleroids, A controlled substance is 'unauthorized' if the i~retighter does not have a valid
presc, dption for that substanca at the Ume o¢ its use or possession.
3. CITY PREMISES OR WORKSITES: include all property, buildings, structures, job sites
(where a firetighter is working), parking lots. and means o! b'ansportation owned,
leased, or otherwise used for City business including motor vehicles, equipment, or
machinery.
52
4. FALLING A DRUG TEST: is defined as a confirmation of initial test results which show
positive evidence of the presence of an illegal drug or unauthorized controlled
substance in the body.
5. PASSING A DRUG TEST: is defined as initial or contirmalton test results which do not
show evidence of the presence of an Itlegal drug or unauthorized conb'oiled substance
in the body.
7. DETECTABLE LEVEL: is defined as a quantity of a drug or drug metabolite equal to or
greater than the detection limit for that substance as established by the testing
laboratory, with the Chief's and Unlon's approval.
E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY
1. The following violations of this policy shall be grounds I=or termination.
a. unauthorized possession, use, manufacture, dis~'ibutJo~ or sale of any illegal drug,
drug paraphernalia or co~ltroiled substance while o~ duty, in a City vehicle or on
break time or,
b. use without authodzalion of alcohol while o~ duly or while occupying any City
vehicle or during break period,
c. falling a drug test undec
(i) reasoP, able suspldon if the actions or behaviors resulting In the test occurred
while on duty, on City property, In a C_~ vehicle or on break time;
(ii) poet-accident; or
(iii) mandatory if the firefighter does not come forward and agree to enter a
rehabtlitalion program end an agreement to pedodic testing without pdor notice,
before the resuEs of the drug test are verbally given to the City by the Medical
Review Officer (MRO):
2. Any lirefighter who violates any other provisions of this policy shall be disciplined up to
and including termination.
F. DRUG TESTING
Drug testing will be conducted using a laboratory certi§ed by the Department of Health
and Human Services (NIDA). Chaln-of-custedy procedures will be followed to account for
the integrity of each urine sample by tracking its handling and storage from point of
specimen colb~ction to final disposition of the specimen.
Each specimen submitted for testing under this policy shall be split and a sample shall
be reserved for an independent analysis in the event of a positive result.
Each specimen submitted for testing under' the testing provision of this policy with the
exception of pre-employment, wdl be assayed for the presence of the following
compounds.
53
EMIT SCREEN GC-MS CONFIRMATION
DETECTION LEVEL DETECTION LEVEL
DRUG GROUP nq/ml* no,/ml*
Amphetamine 1,000 500
Cocaine Metabolltes 300 150
Marijuana 100 15
Metabolites 300 300
Opiate Metabolites 25 25
Phencydidine any b-ace any trace
*nanograms/mllliliter
The laboratory will also assay each specimen i:or signs of possible adulleratlor~.
Specimen alteration assays will consist of two or more of the i'ollowing:
Creatinine
Chlodde
Specil~c Gravity
Ph
Pre-ernployment testing shall utilize the SAP 10.
The initial test (also known as a screening test) shall be a enzyme immunoassay
screen (EMIT) to eliminate 'negative' udne specimens from further consideration.
If the initial test indicates a positive result, a ceefirmalion test by gas
chromatography/mass spectrometry (GC/MS) will be used to confirm Ihe presence of a
specific drug or metabolita. The con§rmation test shall be independent of the inl§al test
and uses a different technique and chemical principle from that of the initial test in order to
ensure reliability and accuracy. For classes of drugs where GC/MS is not an approved
confirmation procedure, an alternative conl~rmation test will be used.
The Chief shall designate a Testing officer with tull authority to order persor~nel
compliance to oversee the integrity of the drug tesl~ng procedures and general
administration of this policy The Testing Officer's specific responsibilities and duties shall
be established by the Chief.
Drug testing under this policy will Include:
Pre-employment: All job oilers are contingent upon passing a drug test. Applicants
who fail a drug test will be ineligible to apply [or employment in the future.
2. Post-accident: Any firefighter who, while operating a City vehicle, is involved in an
accident involving a fatality, sedous bodily injury or substantial damage [o property,
shall be subject to drug and alcohol testing. The decision to order such testing shall be
made by the Fire Chief. The test shall be perfon~ed as soon as possible at the order of
the Fire Chief.
3. Rea$on;~ble Suspicion: If individualized reasonable suopidon exists that any firefighter
has used or possessed an illegal drug o~ unauthorized controlled substance or has
violated the alcohol-related provisions of this policy, the Chief may order the flrefighter
to submit a urine and/or blood specimen for alceho{ and/or drug testing.
4. Random Testinq: The Fire Department shall be divided into 45 groups consisting of
the following work sites o,r groups:
Administrative Offices (Includes the City Manager, Human Resources Director, and Fire
Chief)
Training Center
Fire Prevention & Arson Investigation
Each Station will consist of 3 separate groups (A, B, & C shes)
Three additional groups will be added upcm opening of a new statiee.
Random drug testing shall occur by the random selectioe of one of the above work groups
or sites. The tesUng agency shall provide a computer-based random eetec~ion of the
group to be tested each month. Two groups will be selected and tested each month. The
Chief, or designee, will noUfy the employees selected for a test within no more than three
(3) hours of the tesUng. Any §raflghter either permane~Uy er temporarily assigned,
including members working trades for regular §reflghters, shall be subject to tasUng.
All testing will be conducted on site except for personnel assigned to Training, Fire
Prevention & Arson, and AdmlnislreUon. P~rsonnei not tested on site will be required to
report to a designated lab within 3 hours of notiflcaton by their supervisor.
Employees on vacation, sick leave, other leave, or on City business outside the city, will
not be notified or have to take the tesL If an employee group is selected more than once
during a consecutive six (6) month pealed, the employee group will not be required to test
again for the rest of the six (6) month period. An employee may be tested more than onc~
in a six-month pealed
For purposes of eligibility [or re-testing, each six-month period is any consecutive
six-months wflich begins with the Initial test, and does not follow a calendar or fiscal year.
COMPLIANCE WITH POLICY
1. Applicants and fireflghters subject to testing will have the opportunity to submit a list of
prescription and non-prescription drugs they have used in Ihe last thirty (30) days and
to explain the circumstances surrounding the use of such drugs to the MRO before a
decision regarding- test results is made.
55
2~ Any firellghter who has a~eed in connection with a pdor violation of this policy to
submit to random testing for a presc~bed period of time (maximum or one (1) year)
may be tested as deSCribed in ~ agreement signed by the Iqrefighter,
I 3. A firefighter with an alcohol content of ~0.0~8 % will be presumed to be under the
inl~uence of alcoho~ [or purposes of[his poticy.
4. I[ the Medical Rewew Officer's (MRO) review of drug test results indicates a
legitimate medical explanation for the conl~rTned positive test result, no further action
will be taken against the firer-Kjhter and an applicant will be etiglbie for hire. If the
MRO's review determines there is n_9o legitimate medlcat explanation for the confirmed
positive test result, the [Irefighter will be subject to disciplinary action up to and
including discharge upon the first offense.
H. MEDICAL REVIEW OFFICER
The Medical Review Officer (MRO) for the City of Corpus Christi will be a City's
Medical Advisor or any physician designated by the City Manager who is a licensed
physician with knowledge of drug abuse disorders and certified as a Medical Review
Off'~cer [or drug testing.
The MRO shall review all drug testing results he reCeives and interpret confirmed
positive test results to determine if there is an alternative medical explanalJon o[ the
confirmed positive result.
I. ALCOHOLISM AND DRUG ADDICTION
While occasional or 'social' use o[ drugs and alcohbl can become dethmental to the
v~rkplace and to personal health, we recognize thai alcoholism and drug addiction are
medical disorders which can be treated. The City of Corpus Christi betieves it has a
responsibility to provide assistance to our employees through the Employee Assistant
Program, but the initiative in seeking such help is the responsibility of the §refighter.
Firefighters who voluntarily seek diagnosis and accept treatment for alcohol or drug-
related problems be[ore the problem becomes evident, will be offered rehabilitation help
on a strictly confidential basis using the leave policies currently available for o{her health-
related problems. Whether volunlary or mandatory rehabilitation is required, these costs
are [he responsibility of [he fireflghter. Medical Plan Insurance may be used to the extent
provided under the Individual's health insurance coverage. If misconduct or declining job
performance bnngs Illegal or non-presc~bed drug or alcohol abuse problems to tlcjh[, the
t3refighter will be subject to appropriate disciplinary action.
J. IMPLEMENTATION OF DRUG-FREE AWARENESS PROGRAM
The Drug-Free Awareness Program will provide an ongoing education effort tot the
firefighters to prevent and eliminai.e drug and alcohol abuse thai. may affect the
workplace. This program wfll cover:
56
1. The dangem of alcohol and drug abuse in the workplaco;
2. This AJcoho~ and Drug Policy;
3. The avaJtabilib/of treab'ne~t and counseling for flreflghters voluntarily seetdng such
counseling through the Employee Assistance Prngr~m; and
4. The discipline which will be Imposed for violations of this p~ioy.
Supervisors are the "keys" to successfully Implemenffng this policy. Inldai and
ongoing supervisory b'alnlng will be mandatory for supervisors and will cover the
following areas:
1. Idenlff'ying ~ documenting job pedormance and o~-the-Job behavior which may
reflect the Impact of pe~onal problems;
2, Identifying evidence of on-th, c,., job use or presence of alcohol or drugs;
3. Procedure for referral of troubled fire~hte~'s to the Em~oyee Assistance Program;
4. Procedure for testing firefight~ suspected of v~atlng [his policy;
5. Constructive confrontation techniques;
6. Orientation on drug procedures and technology; and
7. Procedures for conducting workplace inspections.
Trainees will be Imined o~ this Policy at the Academy and new supervlsocs wiJl be
trained bSrough re~Jrdng sessions provided on the Training caleb:lat.
K. RECORDS PROCEDURES
1. RELEASE OF INFORMATION: Reguests for employment verification or references
for an individual terminated under this policy shall be forwarded to the Human
Resources Department for response. F~ Texas Employment Commission hearing
on granUng unemployment insurance, the City will cite a rutes violation as the ~re<;ason
fo~' termination and will supply a copy of [he letter of termination which states specific
reasons. Where there is doubt about the release of information, the Legal
Department shall be consulted for guidance.
2. REPORTING CONVICTION TO FEDERAL AGENCY:
In compliance with the Drug Free Workplace Act, the Human Resources Department
will notify the appropriate federal agency within ten (10) days after receiving notice
from the fireflghter of a conviction under criminal drug statutes.
57
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Ti'de
Code Payroll No. Employee No. Code No,
Social
Name Security No.
(Last) (Flint) (MI)
Address Zip Code
I hereby authorize the City o[ Corpus Christi [o deduct, each pay period, the sum of $
as certified by the International Association of Firefighters, Local 936, as the current rate
of dues or an amount as may hereal~er be established by the International Assodation of
Firer~ghtera, Local 936, as dues. This deduction is to be forwarded direcUy to the
International Association of Firelighters, Local 936. The authorization of this deduction is
entire~y voluntary on my part.
I understand that the City of Corpus Chdsti will be obligated to forward to the
Association only those sums actually deducted and will not be liable for damages to me
for failure to deduct any authorized sum for any reason.
Signed
Date
58
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Assessment Title
Code Payroll No. Employee No. Code No.
S~;ial
Name Secudty No. __
(Last) (First) (MI)
Address Zip Code
I hereby authorize the Qb/of Corpus Chdsfi to deduct a sPeOaJ assessment in the sum
of $ as certified by the International AssocialJon of Fireflghters, Local Unio~ No.
936, for ['he express purpose o[ . The authorize§on of this special
assessment deductJo~ is e~firety voluntary on my part_
I understand that the City of Corpus Chdsti will be obligated to forward to the
AssocialJon only those sums actually deducted and will not be liable [or damages to me
failure to deduct any authorized sum for any reason.
Signed
Date
59
APPENDIX "C'
TERMINATION OF REGULAR OR SPECIAL DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 938
Dues Ti~Je
Code Payroll No. Employee No. Code No.
Social
Name Secudty No.
(Last) (First) (MI)
Address Zip Code
I hereby terminate the authorization previously executed by me on (date)
for dues deduction for the International Association of Firefighters, Local Union No. 936,
and request that the City make no [~JrtAer ( ) regular o~ ( ) special dues deductions under
said authorization. This terminal~on of dues deduction is enfire~y voluntary on my part, and
I understand that the City or Corpus C..hnsti will not be liable for failure to promptly
effectuate this termination for any reason.
Signed
Date
60
APPENDIX D
THE FORMULAS DESCRIBED BELOW ARE A CONCEPTUAL DESCRIPTION OF THE
CALCULATIONS AND DO NOT DESCRIBE THE EXACT COMPUTER PAYROLL PROCESS.
A. CALCULATING FIRE SUPPRESSION OVERTIME PAY BASED ON 27 DAY WORK
PERIOD
In a 52 weeA. 385 day year. each suppression fireflClhter is scheduled to work a 24 hour shift
every three daYs which e<3uates to nine 24 hour shifts in each 27 da'/v~rk period. Usln(I the
FLSA 7{k) exemp§on, overtime for cycle houm is due for hours actually worked fTom 204 to 216
hour~ in a 27 day work I:~riod. The 'Add Pays' included In the calculations below am applicable
Ionqevi~,. assl(3nrnent and certification pays listed in ~e Watts Article in the 2001-2003
Collective Barci~alnlnQ Aoreement as Der the 1989 overtime cidevance resolution Plus education
incentive pay. the EMS superviso~ officers pay. and the Assistant EMS Director Dav wherl
applicable.
1. TO COMPUTE CYCLE AND HOUDAY OVERTIME PAY:
Annual Base Salary + Annual 'Add Pays"
26 Pay Pededs = Pay Pedod Salary w/'Add PaYs'
Pay Period Salary w/'Add Pays'
80 Houm Per CO, IT-act = HouHv C/cia/Holiday Rate
Pay Pedod Salary w/'Add Pays' = Dock Rate {Reoular rate)
108 Houm
(Houd¥ Cycle/Holiday Rate) x (1.5) - (Dock Rate) = Cycle/Holiday OverlJme Rate
(Cycle/Holiday OvertJme Rate) x [No. of Cycle Hours Worked) = Cycle Overlime Pay
(Cycle/Holiday Overtime Rate) x (No. of Holiday Houm Worked) = Holiday Overtime Pay
2. TO COMPUTE OTHER OVERTIME PAY(HOLDOVER AND CALLB^CK):
Annual Base Salary + Annual 'Add Pays'
26 Pay Pedods = Pa',, Pealed Salary w/'Add Pays'
Pay Pedod Salary w/'Add Pa~s'
90 Hours Per Co~tract = Houdy Call Back/Holdover Rate
(Houdv Call Back/Holdover Ra(~e) x ( 1.5 ) = Call Back/Holdov~ OverUrne Rate
(Call Back/Holdover Overtime Rate) x (Call Back Hours)~ = Call Back Ore,me Pay
(Call Back/Holdover Overtime Rate) x {Holdover Hours) = Holdover Overtime PaY
# Call Back Is for time worked or 3 hour minimum as per cc)nb-act.
B. CALCULATING OVERTIME PAY FOR TRAINING/PREVENTION & 40 HOUR EMPLOYEES
1. TO COMPUTE HOLIDAY OVERTIME PAY:
Annual Base Salary + Annual "Add PSYS'
26 Pay Pedods
Pay Period Salary w/'Add Pa,/s'
80 Hours per Pay Pedod
Pay Pedod Salary w/'Add Pays"
Dock Rate (Regular Rate)
(Dod(Rate) x (1.5) - (Dock Rate) = Holiday Overtime Rata
Holiday Overtime Rate) x (No. of Hot}day Hours Worked) = Holiday Overtime Pay
2. TO COMPUTE OTHER OVERTIME PAY FOR TRAINING/PREVENTION & 40 HOUR
EMPLOYEES I' CALLBACK ):
Annual Base Salary + Annual 'Add Pays'
26 Pay Periods = Pay Period Salary w/'Add Pays'
Pay Pedod Salary w/'Add Pays"
80 Hours Per Pay Period =
(Dock Rate) x (1.5}
(Call Back Overtime Rate} x (Call Back Hours)~
# Call Back is [or lime worked or 3 hour minimum as per contract.
Dock Rate (Reqular rate}
Call Back Overtime Rate
=Call Back Overtime Pay
62
APPENDIX E
CALCULATING "DRAG-UP PAY" ~VACATION AND SICK LEAVE) AND VACATION
LEAVE SELL BACK FOR FIRE EMPLOYEES
Pursuant to the Arbitral. Ion Award of ArbitTato~ Don B. Hays, dated October 19. 1988, in
AAA Car~,e No. 71 390 0187 88, Comus Chdsfi F'ire§qhters Association and Cit'v of Comus
Chd$fl. the Collective Bamaininq Aqreernent ~ Waqes ovemdea the statutory calculation
of payment of accrued sick leave on separation. The components of waqe$ contractually
aqreed to be used in deterrnlninq the hourly rate for payment of 'draq-up pay' for ellQible
accrued vacation and sick leave are al:~licable monthly baea salan/. Ionqevitv, certification
and asskinrrlent Days listed in Wa(3es Article V of the Auqust 1. 2001- July 31, 2003
Collective Berqalnlncl A(3rearnent PlUS the EMS supervisory off~cers pay and the A.sslstant
EMS DIrectm' Day when aDollcable and excludes an'/other pays in any other Articles of
that or subsequent Aqreemenb~. The Award also requires the city to use the averaQe 54
hours per week for 24 hour shil~ employees to determine the houdy rate for dra(3-up pay.
The formula below shall also be used to compute the amount paid for Vacation Leave Sell
Back under Article 12 Section 8.
1. TO COMPUTE 24/48 HOUR SHirr EMPLOYEE "DRAG-UP PAY'' AND VACATION
LEAVE SELL BACK HOURJ.Y RATE:
(Annual Sase Salerv) + [Annual LonQevtty, ASSklnmen~, and Certification Pay) *
(26 Pay Periods) x (54 hou]r~J~k') x ( 2 weeks/Day ~edod)
= Houri,/Dmq Up Rate
2. TO COMPUTE 40 HO(JR EMPLOYEE "DRAG-UP PAY" AND VACATION LEAVE
SELL BACK HOURLY RATE:
(Annual Sase SalarY) + (Annual Lonq, evitv, A,s-sklnment-. and Ce~fication Pay) * -- Hourly Dr'aq Up Rate
(26 Pay Periods) x (40 hoursh~eek) x (2 weeks/pay period)
* Applicable wacie components listed in Waqes Article V, Sect.ion 1-4, in Auqust 1, 2001 - July 31,
2003 Collec~ve Bar(iainincl Acireement plus applicable EMS supervisory olficers pay and
Assistant EMS Director pay as described above.
63
24
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Resolution urging the Base Closure Commission to hold a hearing in the Corpus Chdsti
area to personally evaluate the value of Naval Station Ingleside and to remove Naval
Station Ingleside from the list of Pentagon recommendations for base closure.
ISSUE:
Should the Commission hold a headng to evaluate the value of Naval Station Ingleside
and remove it from base closure list?
RECOMMENDATION:
City Council urges the 2005 BRAC commissioners to remove the Naval Station
Ingleside from the list of Pentagon recommendations for base closure.
REQUIRED COUNCIL ACTION: Approval and passage of the resolution.
Ma~y I~ay Fi~e'her
City Attomey
RESOLUTION
URGING THE BASE CLOSURE COMMISSION TO HOLD A HEARING
IN THE CORPUS CHRISTI AREA TO PERSONALLY EVALUATE THE
VALUE OF NAVAL STATION INGLESIDE AND TO REMOVE NAVAL
STATION INGLESIDE FROM THE LIST OF PENTAGON
RECOMMENDATIONS FOR BASE CLOSURE.
WHEREAS, the 2001 attacks on the United States made all of us more familiar
with the tactics of terrorists to stage bold and bloody attacks on the United States on our
own soil; and
WHEREAS, last year, the House of Representatives voted overwhelmingly to
delay Base Realignment and Closure (BRAC), stating unequivocal concerns about the
plan to re-base overseas units back in the United States, a greater need of'facilities for
homeland security needs; and
WHEREAS, a recent GAO report noted that the coming technology to replace
current mine warfare assets is behind schedule, meaning the closure of Naval Station
Ingleside forces the U.S. to go without this vital capability - or depend on our allies for
such support; and
WHEREAS, the Overseas Basing Commission Report repudiates the timing of
this BRAC, since we are at war and our basing needs overseas depends on a number
of outside dynamics.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council strongly urges the BP, AC commissioners to hold a
headng in the Corpus Chdsti area so they can personally evaluate the value of Naval
Station Ingleside to the nation.
SECTION 2. The City Council and the people of South Texas oppose the timing of
this round of Base Closures and urges the BP, AC commissioners to do all in their
considerable power to postpone the work of closing down U. S. military bases until the
nation determines our global defense footprint (the set up of our worldwide defense
components) and concludes the Quadrennial Defense Review due out in 2006.
SECTION 3. The City Council strongly urges the 2005 BP, AC commissioners, as
patriots, to remove the Naval Station Ingleside from the list of Pentagon
recommendations for base closure.
SECTION 4. The City Council authorizes the City Manager, or his designee, to send
a copy of this resolution to U.S. House Representative Solomon P. Ortiz.
SECTION 5.
and approval
This resolution shall become effective immediately upon its passage
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: June 14, 2005
City Attorney
Corpus Chdsti, Texas
of ,2005
The above resolution was passed by the following vote:
Henry Garret{
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
25
CITY COUNCIL
AGENDA MEMORANDUM
I
City Council Action Date: June 14, 2005
AGENDA ITEM:
Resolution approving the State School Property Master Plan; authorizing the City Manager, or
designee, to submit a grant application to the Texas Parks and Wildlife Department in the
amount of $500,000 for planning, development and implementation of the State School
Property Master Plan, with a City match of $500,000 in the Bond 2004 Fund and a total project
cost of $1,000,000; providing for severance; and providing for publication.
ISSUE: In 1966, the State of Texas gave the City 'license' to operate a little league
baseball project and provide 'other things of a recreational nature' on 91.7 acres bordered
on three sides by Airport Road, Home Road and Greenwood Drive. Currently, 51.7 acres
has been developed for baseball and softball youth leagues. The undeveloped 40 acras of
this property known as the "State School Property=, is identified in the 2002 Parks,
Recreation and Open Spaces Master Plan as a high-priority site for a ~Youth Sports
Complex' to relieve the strain and overuse of current facilities and provide this area of
Corpus Christi with much needed recreational amenities.
In the Bond 2004 election, the public approved $2.25 million in funding for Sports Field
Improvements that includes $500,000 for the State School Property. This grant application
is to request further funding through the Texas Parks and Wildlife Department Outdoor
Recreation Grant for the development of the State School Youth Sports Complex, using
the bond issue as a 50% cash match.
REQUIRED COUNCIL ACTION: Authorization to submit an application to Texas Parks
and Wildlife Department for the State School property in the amount of $500,000.
PREVIOUS COUNCIL ACTION: none
CONCLUSION AND RECOMMENDATION:
submit grant application.
Staff recommends approval of request to
Sp:llr~sGaan~ikl~ Dieo.rE a~i~'
Attachments: State School Master Plan - June 2005
PowerPoint Presentation
State School Property
Master Plan and Funding Opportunities
City of
Corpus
Christi
June 14, 2005
History
1966
State of Texas gave City "license" to operate a
"Little League Baseball Project and do other
things of a recreational nature"
1989
CDBG funds awarded to four youth leagues;
City subleases part of tract for fields
HistgQ/(C°ntinu_e_d
1999
Corpus Christi Industrial Development
Corporation purchased 91.7 acre tract from
State of Texas utilizing CDBG funds
2OO2
Master Plan for parks includes development of
"State School Sports Complex"
2
Parks, Recreation and Open Spaces
Master Plan
Ten Facilities Priorities of Master Plan
1 .Soccer fields
7.Skating facilities
2.Trails
3.Picnic Pavilions
4.Playgrounds
5. Practice facilities
for baseball/softball
6.Practice
soccer/football
fields
8.Enhanced aquatics
facilities
9.Outdoor covered
basketball pavilions
lO.Nature habitat or
nature areas
3
Site Plan
~., .~...~ .
· .? '~i~.' .
~.~. · ~ ~ ~.
:=~f:~..'. ; - ~, -.. ~ _~' ·.,
Budget
Plan Development
Landscape Architect
Phase I Total
Phase II Total
Phase III Total
TOTAL
In-kind
$1,000,000
3,981,250
1,643,750
$6,625,000
4
Parking
Playground
Phase I
Spray water feature
Recreational softball fields
Walking trails
Skate park
Benches, tables, trash cans
Site grading, sod, trees
Radio airplane field
Administrative costs
$175,000
175,000
75,000
18,000
150,000
225,000
25,000
20,000
n/c
137,000
TOTAL
$1,000,000
Phase II
Parking
Park lighting
Detention pond
Buildings (storage, maintenance)
Restrooms
Walking trails
Skating park
Amphitheater
Irrigation
Administrative costs
TOTAL
$ 525,000
250,000
15,000
150,000
150,000
157,000
225,000
950,000
700,000
859,250
$3,981,250
5
Phase III
Parking
Sports fields
Sport fields lighting
Administrative costs
TOTAL
$ 300,000
15,000
1,000,000
328,750
$1,643,750
Funding Opportunities
Bond Program 2004
$ 500,000
Texas Parks & Wildlife Grant
('submission by 7/31/05)
TOTAL
500,000
$1,000,000
6
Parks & Recreation
Discover the Benet-~ts...
City of
Corpus
Christi
3'
Page 1 of 2
RESOLUTION
APPROVING THE STATE SCHOOL PROPERTY MASTER PLAN;
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPMCATION TO THE TEXAS PARKS AND WILDLIFE
DEPARTMENT IN THE AMOUNT OF $500,000 FOR PLANNING,
DEVELOPING, AND IMPLEMENTING THE STATE SCHOOL
PROPERTY MASTER PLAN, WITH A CITY MATCH OF $500,000 IN
THE BOND 2004 FUND AND A TOTAL PROJECT COST OF
$1,000,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The State SChool Property Master Plan is hereby approved. A copy of the
Plan has been marked as Exhibit A, filed with the City Secretary, and is attached to and
made a part of this resolution.
SECTION 2. The City Manager, or designee, is authorized to submit a grant application
to the Texas Parks and Wildlife Depadment In the amount of $500,000 for planning,
developing, and implementing the State School Property Master Plan, with a City match
of $500,000 in the Bond 2004 Fund and a total project cost of $1,000.000.
SECTION 3. The City Manager, or designee, may accept, reject, agree to alter the
terms and conditions of, or terminate the grant, if awarded to the City.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
8 June 2005
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
Corpus Chdsti, Texas
__ day of ,2005
The above resolution was passed by the following vote:
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garda
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Page 2 of 2
26
CiTY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
I I
AGENDA ITEM:
a. Discussion of plan of work for City Council Focus Area regarding BudgetJFinance
Processes and Policies.
b. Presentation of F'Y05-06 General Fund
STAFF PRESENTER(S):
Name Title/Position Department
Oscar Martinez Assistant City Manager-Administrative Services
Eddie Houllhan Assistant Budget Director
REQUIRED COUNCIL ACTION:
No formal action is required at this time. First and second readings on budget
Adoption are scheduled for July 19~ and July 26~ respectively.
Assistant Budget Director
Power Point Presentation X
Exhibits []