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Agenda Packet City Council - 08/23/2005
CITY COUNCIL AGENDA AUGUST 23, 2005 Corpus Christi Sail AH-America Citv '1111' 11:45 A.M. - Proclamation declaring August 29, 2005 as "Corpus Christi Athletic Club 20th Anniversary" Commendations: "Neighborhood Initiative Program, Proud Partner" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD AUGUST 23, 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 Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Concilio y cree que su inglcs es limitedo, habra un intarprete ingle s- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 880 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Steve Coronado, Solid Rock Worship Center. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa 1. Approval of Regular Meeting of July 26, 2005. (Attachment # 1) Agenda Regular Council Meeting August 23, 2005 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) • Board of Adjustment Civil Service Board /Commission • Committees for Persons with Disabilities • Intergovernmental Commission on Drug and Alcohol Abuse Park and Recreation Advisory Committee Small Business Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to 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. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving a supply agreement with National Waterworks, Inc., of Corpus Christi, Texas for pre - fabricated manholes in accordance with Bid Invitation No. BI- 0102 -05 based on low bid for an estimated annual expenditure of $43,620. The term of the Agenda Regular Council Meeting August 23, 2005 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Wastewater for FY 2005 -2006. (Attachment # 3) Motion approving the lease purchase of one truck mounted excavator from Hi -Way Equipment Co., of Houston, Texas for the total amount of $243,220.96. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding will be provided by the City's lease purchase financing contractor. (Attachment # 4) 5. Motion approving the lease purchase of an asphalt paver from Anderson Machinery, of Corpus Christi, Texas for the total amount of $83,465. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding will be provided by the City's lease purchase financing contractor. (Attachment # 5) 6. Motion approving the purchase of two (2) automated side - loading refuse trucks from Rush Truck Center, of Houston, Texas in the amount of $393,652. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These trucks are replacements to the fleet and will be used by Solid Waste Services. Financing will be provided through the City's lease- purchase program. (Attachment # 6) 7.a. Resolution authorizing the City Manager or his designee to accept a grant from the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $12,413 for the Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders, with a City match of $1,379 in the No. 1020 General Fund, and a total project cost of $13,792. (Attachment # 7) Agenda Regular Council Meeting August 23, 2005 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.b. Ordinance appropriating $12,413 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grant Fund for eligible funding under the Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders; transferring $1,379 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant matching funds. (Attachment # 7) 8.a. Motion authorizing the City Manager or his designee to accept funding in the amount of $7,000 from the Texas Department of Transportation for the purchase of traffic safety- related equipment for the Police Department. (Attachment # 8) 8.b Ordinance appropriating $7,000 from the Texas Department of Transportation in the FY 2005 -2006 Police General Fund Budget for the purchase of traffic safety- related equipment for the Corpus Christi Police Department. (Attachment # 8) 9.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $122,792 from the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for DWI Enforcement Overtime and Speed Enforcement Overtime and to execute all related documents. (Attachment # 9) 9.b. Ordinance appropriating $122,792 from the Texas Department of Transportation in No. 1061 Police Grants Fund for funding of a Comprehensive Selective Traffice Enforcement Project (STEP) for DWI Enforcement Overtime and Speed Enforcement Overtime within the Corpus Christi Police Department. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to execute all necessary documents for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2005 -2006 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. (Attachment # 10) Agenda Regular Council Meeting August 23, 2005 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11.a Resolution authorizing the City Manager or his designee to accept a Reimbursement Grant from the Texas Commission for Environmental Quality in the amount of $5,332 for Mitigation Measures and Site Closure at Fire Station No. 10, 1550 Horne Road. (Attachment # 11) 11.b- Ordinance appropriating $5,332 from a Texas Commission on Environmental Quality pre- approved expenditure grant in the No. 1071 Grant Fund to provide funding for Site Mitigation Measures and Site Closure at Fire Station No. 10, 1550 Horne Road. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas in the amount of $804,515 for Bayfront Development Plan Phase 1. (BOND ISSUE 2004) (Attachment # 12) 13.a. Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Advanced Funding Agreement with Texas Department of Transportation for the local letting and construction management of the Wooldridge Road Bridge Replacement Project. (Attachment # 13) 13.b. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $1,766,131 for the Wooldridge Road Improvements Project as follows: (BOND ISSUE 2004) (Attachment # 13) Phase 1 - from Staples Street to Airline Road Phase 2 - from Airline Road to Rodd Field 14. Motion authorizing the City Manager or his designee to execute a construction contract with Zimmerman Construction, of Bumett, Texas in the amount of $171,000 for the Senior Center Improvements Project 2004 -2005 (CDBG). (Attachment # 14) Agenda Regular Council Meeting August 23, 2005 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Motion authorizing the City Manager or his designee to execute a construction contract with C. W. Campbell Electric, Inc., of Corpus Christi, Texas in the amount of $185,400 for the O. N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2005 -2006. (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais I & E Constructors, of Corpus Christi, Texas in the amount of $97,888 for the O. N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance FY 2005 -2006. (Attachment # 16) 17.a. Ordinance appropriating $43,813.95 in the Airport Capital Reserve Fund 4611; transferring and appropriating $32,813.95 into the Airport Capital Improvement Program Fund - Capital Reserve Fund 3020A for Engineering Services for Airport improvements associated with Runway 17 -35; amending FY 2005 -2006 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $43,813.95; amending FY 2004- 2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $32,813.95. (Attachment # 17) 17.b. Motion authorizing the City Manager or his designee to execute an Architectural /Engineering Services Contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc., of Irving, Texas in an amount not to exceed $536,278 for multiple Airport Improvement Projects including Runway 17/35 Shoulders and Blast Pads, Improve Airport Drainage - Phase 4 /New ACTC, Runway 17/35 Lighting and Cable Improvements and Apron Pavement Repair. (Attachment # 17) 18.a. Ordinance appropriating $26,557.92 from interest earnings into the Street 2001 Capital Improvement Program Fund No. 3540 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation; amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $26,557.92. (Attachment # 18) Agenda Regular Council Meeting August 23, 2005 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 18. b. Motion authorizing the City Manager or his designee to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Change Order No. 10 in the amount of $217,058.97 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute an Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $179,100 for the Wholesale Raw Water SCADA Improvements - 2005 Project. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to authorize payment of Invoice 10018019 for twelve months software and hardware maintenance with Kronos, Inc., of Chelmsford, Maryland in an amount not to exceed $38,582.85. (Attachment # 20) 21. Motion authorizing the City Manager or his designee to execute a twelve -month maintenance agreement with Siemens Transportation Systems, Inc., of Cedar Rapids, Iowa in an amount not to exceed $68,311. Included in the maintenance agreement is hardware support services for the Police and Fire Department's Automated Vehicle Locator (AVL) system located in emergency vehicles. (Attachment # 21) 22. Motion authorizing the City Manager or his designee to execute a twelve -month software maintenance agreement with Vista Solutions Group, Inc., of Round Rock, Texas in an amount not to exceed $26,208. Included in the maintenance agreement are the VisiFlowapplications utilized by the Municipal Court, Finance, and Engineering Services Departments for electronic document archival and work flow routing. (Attachment # 22) Agenda Regular Council Meeting August 23, 2005 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 23. Motion authorizing the City Manager or his designee to execute a twelve -month software maintenance agreement with Tiburon, Inc., of Fremont, Califomia in an amount not to exceed $96,150. Included in the maintenance agreement are the Tiburon modules for Records Management, Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging. (Attachment # 23) 24. Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc., of Redlands, California in an amount not to exceed $41,667.60 for the ESRI suite of products used by the City's Geographic Information System users. (Attachment # 24) 25. Motion authorizing the City Manager to execute a Standard Form Contract for Providing Water Where Property is Situated Partly or Wholly Beyond City Limits with Bay Area Fellowship, a Texas domestic nonprofit corporation, owner and developer of Bay Area Fellowship Church Tract, Block 1, Lot 1, located east of Chapman Ranch Road and south of the Oso Creek, in accordance with the City Code of Ordinances, Article VIII -Water Service Outside City, Section 55 -111 Contract requirements where land is partly or wholly beyond City. (Attachment # 25) 26.a. Ordinance authorizing the City Manager or his designee to execute an Amendment to a Use Privilege Agreement with Gary L. Martin, Mina K. Martin, Jack Taylor, and Romel Gregorio to allow two additional connections to an existing private lift station and 3 -inch force main approved by Ordinance No. 023854 (11- 30-99); subject to owner's compliance with the amended specified conditions. (Attachment # 26) 26.b. Ordinance authorizing the City Manager or his designee to execute a Private Wastewater System Service Agreement with Gary L. Martin, Mina K. Martin, Jack Taylor, and Romel Gregorio to allow the use and operation of a private wastewater system, including a temporary lift station and force main, until the properties subject to this agreement can be directly connected to the City's wastewater system in conformance with the Wastewater Collection System Master Plan (Allison WWTP Service Area) and other City requirements. (Attachment # 26) Agenda Regular Council Meeting August 23, 2005 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 27 Ordinance abandoning and vacating a 900 - square foot portion of a 10 -foot wide utility easement out of Lot 18, Block 4, Candlewood Annex, located on Airline Road, approximately150 feet north of Holly Road; requiring the owner, SSP Partners, to comply with the specified conditions. (Attachment # 27) 28. Ordinance authorizing the City Manager or his designee to execute a three -year Use Agreement with Corpus Christi Police Athletic League for baseball programs at TC Ayers Park Field. (Attachment # 28) 29. Ordinance authorizing the City Manager or his designee to execute a five -year Use Agreement with Corpus Christi Police Athletic League for baseball programs at Ben Garza Park Field. (Attachment # 29) 30. Second Reading Ordinance - Amending the franchise granted to Texas Cable Partners (Time Warner) regarding cable operator use of access channels when not in use by access channel users. (First Reading 7/19/05) (Attachment # 30) I. PUBLIC HEARINGS: 31.a. Public hearing amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi ( "The City "), by providing for modification of street designations on Third, Elizabeth and Santa Fe Streets near Christus Spohn Shoreline Hospital; amending related elements of the Comprehensive Plan of the City. (Attachment # 31) 31.b. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi ( "The City "), by providing for modification of street designations on Third, Elizabeth and Santa Fe Streets near Christus Spohn Shoreline Hospital; amending related elements of the Comprehensive Plan of the City. (Attachment # 31) 32.a. Public hearing to consider abandoning and vacating a 33,129.73 - square foot portion of the Third Street public right -of -way, out of Blocks X and IX, Ocean View Addition, located between the Elizabeth Street right -of -way and the Ayers Street right -of -way. (Attachment # 32) Agenda Regular Council Meeting August 23, 2005 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 32.b. Ordinance abandoning and vacating a 33,129.73- square foot portion of the Third Street public right -of -way, out of Blocks X and IX, Ocean View Addition, located between the Elizabeth Street right -of -way and the Ayers Street right -of -way; subject to compliance with the specified conditions. (Attachment # 32) 33.a. Public hearing to consider abandoning and vacating a 6,033.11 - square foot portion of an undeveloped and unsurfaced 20 -foot wide dedicated public right -of -way out of Lot 7, Sec. 40, Flour Bluff and Encinal Farm and Garden Tracts(approximately 650 - feet west of the Flour Bluff Drive street right -of -way and opposite of Purdue Road). (Attachment # 33) 33.b. Ordinance abandoning and vacating a 6,033.11- square foot portion of an undeveloped and unsurfaced 20 -foot wide dedicated public right -of -way out of Lot 7, Sec. 40, Flour Bluff and Encinal Farm and Garden Tracts (approximately 650 -feet west of the Flour Bluff Drive street right -of -way and opposite of Purdue Road); subject to owner's compliance with the specified conditions. (Attachment # 33) 34. Public hearing on proposed ad valorem tax rate increase. (Attachment # 34) ZONING CASES: 35. Case No. 0605 -09, Jerry Silva: A change of zoning from "1 -2" Light Industrial District to a "R -1 C" One - family Dwelling District on Tract 1; an "A-1" Apartment House District on Tract 2; and a "B -1" Neighborhood Business District on Tract 3. The property is 1.18 acres out of La Gloria Subdivision, Block F, Lots 1 and 2, the west 100 feet of Lot 20, and Lots 15 -19 located on the east side of Bright Street between Reyna Street and Morgan Avenue. (Attachment # 35) Planning Commission's and Staffs Recommendation: Approval of a "R -1C" One - Family Dwelling District on Tract 1; an "A -1" Apartment House District on Tract 2; and a "B -1" Neighborhood Business District on Tract 3. Agenda Regular Council Meeting August 23, 2005 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Jerry Silva by changing the zoning map in reference to 1.18 acres out of La Gloria Subdivision, Block F, Lots 1 and 2, the west 100 feet of Lot 20, and Lots 15 thru 19 located on the east side of Bright Street between Reyna Street and Morgan Avenue from: "1 -2" Light Industrial District to a "R -1 C" One - family Dwelling District on Tract 1, "A -1" Apartment House District on Tract 2, and "B -1" Neighborhood Business District on Tract 3; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 36. Case No. 0605 -01, TEMET Properties: A change of zoning from "R -1A" One - family Dwelling District to a "R -2" Multiple Dwelling District. The property is Edgewater Terrace, Block 4, Lots 8,9, 10 and 11, located along the southwest corners of Ocean Drive, South Alameda Drive and Edgewater Drive. (Attachment # 36) Planning Commission's and Staff's Recommendation: Denial of "R -2" Multiple Dwelling District and, in lieu of, approval of a "R- 1A"/PUD-2 - One - family Dwelling District with a Planned Unit Development 2, subject to a site plan and (9) nine conditions. ORDINANCE Amending the Zoning Ordinance, upon application by TEMET Properties by changing the zoning map in reference to Edgewater Terrace, block 4, Lots 8, 9, 10 and 11, from "R -1A" One - family Dwelling District to "R-1A"/PUD-2 One - family Dwelling District with a Planned Unit Development -2, subject to a site plan and nine (9) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 37. Case No. 0605 -07, Nueces Real Estate Partnership, L.P. : A change of zoning from "R -1 B" One - family Dwelling District (minimum 6,000 square foot lots) to a "R -1 C" One - family Dwelling District (minimum 4,500 square foot lots). The property is 55.73 acres out of Bohemia Colony Lands, Lot 3, Section 8, located west of Kostoryz Road and Galvan Elementary School. (Attachment # 37) Agenda Regular Council Meeting August 23, 2005 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission's and Staffs Recommendation: Approval of a "R-1C" One - family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Nueces Real Estate Partnership, L.P. by changing the zoning map in reference to 55.73 acres out of Bohemia Colony Lands, Lot 3, Section 8 from "R -1 B" One - family Dwelling District to "R -1 C" One - family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 38. Neighborhood Initiative Program "NIP" progress report for FY 2004 -2005, the Neighborhood Pride Program (sustainability efforts), and the recommended NIP project sites for FY 2005- 2006. (Attachment # 38) 39. City Council Focus Area: Neighborhoods (Infill and Affordable Housing) (Attachment # 39) 40. Report on the design, implementation, and evaluation of Automated Meter Reading (AMR)and Wireless Broadband (WiFi) pilot projects, including a preliminary WiFI business plan. (Attachment # 40) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 41. Resolution expressing official intent to reimburse costs of the Citywide Automated Meter Reading and Wi -Fi projects. (Attachment # 41) Agenda Regular Council Meeting August 23, 2005 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 42.a. Motion authorizing the City Manager or his designee to execute a contract with Northrop Grumman Commercial Information Services, Inc., of Herndon, Virginia in the amount of $2,964,970 to provide all components and labor necessary for implementation of Phase 1 of the Citywide Automated Meter Reading (AMR) project, including infrastructure rehabilitation. (Attachment # 42) 42.b. Motion authorizing the City Manager or his designee to execute a contract with RAM Technologies, Inc., of Fort Washington, Pennsylvania in the amount of $376,400 to provide contract management and technical services necessary for implementation of Phase 1 of the citywide Automated Meter Reading (AMR) project, including infrastructure rehabilitation. (Attachment # 42) 43.a. Motion authorizing the City Manager or his designee to execute a contract with Northrop Grumman Information Technology, Inc., of Reston, Virginia in the amount of $5,672,770 to: (Attachment # 43) Design, install, and test the citywide wireless broadband (WiFi) mesh network and integrate it with the existing fiber /leased line network ; Perform a manpower utilization and business continuity study; perform a network- focused impact analysis to identify "at- risk" infrastructure; assist in the network documentation migration; and develop processes and procedures on project and change management; Develop a strategic roadmap to assist the City in aligning itself to best meet the anticipated change, growth and newer technological evolution. Agenda Regular Council Meeting August 23, 2005 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 43. b. Motion authorizing the City Manager or his designee to execute a contract with Pronto Networks, Inc., of Pleasanton, California in the amount of $132,605 to provide hardware and management services necessary for secure sign -on to the WiFi broadband network. Included is $23,625 for first year maintenance and $6,480 for 1,800 School District subscribers. In addition, Pronto will receive $2 per user per month for non - governmental use. (Attachment # 43) 43.c. Motion authorizing the City Manager or his designee to execute a contract with Public Technology Institute, Inc. (PTI), of Washington, DC in the amount of $55,000 for support of the Digital Communities Effort. (Attachment # 43) 44. Resolution supporting the connection of the Port of Corpus Christi with Mexico via the Port of Laredo and US 77 in its designation as a high priority for the Trans -Texas Corridor Study. (Attachment # 44) 45. Ordinance amending Ordinance Number 23804, which established a Municipal Court Technology Fund, by repealing Section 4 to eliminate an expiration date September 1, 2005; providing an effective date. (Attachment # 45) 46. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 29 to establish the Juvenile Case Manager Fee; providing an effective date. (Attachment # 46) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting August 23, 2005 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Si usted se dirige a la junta y cree que su inglos es limitado, habra un interpret& ingles- espanol en la reunion de Is junta pars ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. 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. 47. Executive session under Texas Government Code Section 551.071 regarding Public Utility Commission of Texas, Docket No. 31056, Application of AEP Texas Central Company and CPL Retail Energy, LP to determine True -Up Balances pursuant to Public Utility Regulatory Act Section 39.262, with possible discussion and action related thereto in open session. 48. Executive session under Texas Government Code Section 551.073 regarding the deliberations about a prospective gift or donation from the government of Spain, with possible discussion and action related thereto in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concems; current topics raised by media; follow -up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city- related matters. Agenda Regular Council Meeting August 23, 2005 Page 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 49 LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 7911 Texas Legislature. 50 CITY MANAGER'S REPORT Upcoming Items 51 MAYOR'S UPDATE 52, COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:145" p.m., August 19, 2005. Armando Chapa City Secretary 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 is MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 26, 2005 - 10:01 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Brent Chesney Council Members. Melody Cooper Jerry Garcia Rex Kinnison Bill Kelly John E. Marez Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Derrick E. Reaves of St. John Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 19, 2005. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Garrett deviated from the agenda and opened discussion on Item 34 regarding additional funding for the South Texas Military Task Force. Former Mayor Loyd Neal reported a hearing was held in San Antonio recently to discuss the Base Closure and Realignment process. After the hearing, the BRAC commission met and recommended the addition of a number of military installations to the base closure list, including Oceana Naval Air Station in Virginia. He said BRAC Commissioner General Hill recommended the closure and realignment of Oceana NAS, suggesting that a number of aircraft from this base could be relocated to NAS Kingsville, and a nuclear carrier could be brought into the western gulf several times a year for carrier qualifications. He noted that adding a base to the BRAC list required a supermajority of the commissioners (7 out of 9). Mr. Neal reported there were approximately six weeks left in the entire process before the commission took a vote to either close, realign, or remove bases from the list. A conference call was held last Friday between local governmental representatives and Mr. Spike Karlekas with Karlekas and Moone in Washington, D.C. Mr. Karlekas and his firm were charged with hiring analysts who would build a case for NAS Ingleside, NAS Kingsville, and NAS Corpus Christi under sixteen or seventeen different scenarios - e.g. if NAS Oceana was closed, if NAS Oceana was realigned, etc. Since the analysts would have to compile the data on a tight time line, Mr. Neal said the cost would he approximately $350,000 to $400,000. He said the task force was recommending that the cost be split among the regional governmental entities. San Patricio County had approved $100,000 in funding which they had given to the North Bay Task Force. The City of Kingsville and Kleberg Minutes - Regular Council Meeting July 26, 2005 - Page 2 County had approved $50,000 each. Nueces County was being asked for $200,000, which they would discuss at their meeting tomorrow. The city was being asked today to fund $75,000 towards the effort . Mr. Neal stated while this development presented a good opportunity for the preservation of the area's naval bases, it was not a certainty. He said the State of Virginia had a number of powerful elected officials who would fight the closure of NAS Oceana. He pointed out, however, that NAS Oceana had serious issues with encroachment and noise pollution that would have to be addressed in some manner, either through realignment or reallocation of resources. NAS Kingsville did not have encroachment or noise problems. Mr. Neal introduced Mr. Terry Carter with the Chamber of Commerce to explain the C'hamber's role as fiduciary agent for the South Texas Military Facilities Task Force. Mr. Carter stated the Chamber employed a CPA who reviewed the receipts and disbursements of the account on a monthly basis. They distributed the funds based on approved invoices only. He said they maintained two separate funds, one for the South Texas Military Facilities Task Force, and the other for the revenues and expenditures made over the last several weeks related to the regional meeting held in San Antonio. Mr. Neal added any monies remaining from the effort would be redistributed to the governmental entities on a pro rata basis. In response to Mayor Garrett's question, Mr. Neal stated the task force's goal was to strengthen the position of NAS Kingsville by adding one or more of the training squadrons from NAS Oceana. It was also a natural fit to upgrade the tasks of NAS Corpus Christi, and to bring a nuclear carrier into NAS Ingleside on a regular basis. He said if these events were to occur, the impact on the bases would be enormous. Mr. Scott asked what the impact of bringing the training squadrons to NAS Kingsville would he. Mr. Neal replied there were over 500 landings and takeoffs daily from NAS Oceana. If NAS Kingsville were to get one squadron from NAS Oceana, it could translate into well over a 1,000 new jobs and hundreds of millions of dollars in additional payroll and contracts for the South Texas area. Most importantly, he said the task force would have another mission for NAS Ingleside. Mr. Scott asked when the BRAC commission would make a final decision. Mr. Neal replied the commission could make a decision before Labor Day. Mr. Scott stated he had complete confidence in the integrity of the Chamber of Commerce, Mr. Neal, and everyone associated with the South Texas Military Facilities Task Force. Mayor Garrett asked City Manager Noe how the city would fund their $75,000 portion. Mr. Noe replied the initiative could be prorated among the city's General and Enterprise funds. He said the bulk of the $75,000 would come from the reserve appropriations in each of the operating funds as follows: General Fund Economic Development Org. - $1,250; General Fund Reserve Appropriation - $28,000; Water Fund Reserve Appropriation - $22,000; Wastewater Fund Reserve Appropriation - $11,250; and Gas Fund Reserve Appropriation - $12,000. Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke in support of the task force's efforts and the additional funding, but questioned expending utility funds instead Minutes - Regular Council Meeting July 26, 2005 - Page 3 of general funds for the city's share . Mr. Abel Alonzo, 1701 Thames, spoke in support of providing the additional funding, and encouraged the city and the county to work together to reach this goal. A motion was made, seconded, and passed to approve Item 34 as follows: 34. MOTION NO. 2005-251 Motion to authorize an expenditure of $75,000 from the FY06 Budget as the City's portion of additional funding to be contributed to the South Texas Military Task Force. 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 2 and the following board appointments were made: Corpus Christi Convention and Visitors Bureau Board Dan Viola (Reappointed) Jody Patel (Reappointed) Daniel Dain (Appointed) Robert Tamez (Appointed) Corbett "Butch" Pool (Appointed) Planning Commission Atilano Javier Huerta (Appointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 26). City Secretary Chapa announced that Mr. Noyola would be abstaining from Items 3, 23, and 26.e. Mr. Scott stated he would be abstaining from the vote and discussion on Item 21. Mr. Bill Kopecky, 3609 Topeka, requested that Item 26.d. be pulled for individual consideration. Council members requested that Item 15 be pulled for individual consideration. A motion was made and passed to approve Items 3 through 26, constituting the consent agenda, except for Items 15 and 26.d., which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005 -230 Motion approving the purchase of a chiller monitoring system from Total Sense Corporation, of Corpus Christi, Texas based on sole source for the total amount of $32,800. The system will be installed on the air conditioning system located at the Corpus Christi International Airport. Funds are available in the Building Maintenance Capital Budget of the Airport Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting July 26, 2005 - Page 4 4. MOTION NO. 2005 -231 Motion approving the purchase of four (4) riding mowers from John Deere Commercial, of Cary, North Carolina in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC), for a total amount of $40,868.52. The riding mowers will be used by the Parks and Recreation Department. Funds are available in the FY 2004 -2005 Park Operations Budget. 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 -232 Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". b. ORDINANCE NO. 026355 Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund. 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 ". ORDINANCE NO. 026356 Ordinance appropriating $26,425 of revenue from the sale of obsolete Corpus Christi Police Department (CCPD) weapons in the No. 1020 General Fund for the purchase of CCPD ammunition; amending the Operating Budget adopted by Ordinance 025878 by increasing appropriations by $26,425. 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" Minutes - Regular Council Meeting July 26, 2005 - Page 5 MOTION NO. 2005 -233 Motion authorizing the Director of the Public Health District to execute an agreement with the Texas A & M University System Health Science Center - Coastal Bend Health Education Center to provide community health education for diabetes in the amount of $75,129 in the No. 1066 Health Grants fund for diabetes prevention and management services. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 8 a. RESOLUTION NO. 026357 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,000 in the No. 1067 Federal /State Grants Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. 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. 026358 Ordinance appropriating a grant from the Texas Department of Health in the amount of $15,000 in the No. 1067 Federal /State Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. 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.a. MOTION NO. 2005 -234 Motion authorizing the City Manager or his designee to reinstate the FY2002 Community Development Block Grant agreement with the Westside Business Association, amend the scope of work, and extend the contract term through March 31, 2006. 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 July 26, 2005 - Page 6 9 b. MOTION NO. 2005 -235 Motion authorizing the City Manager or his designee to execute an amendment to the FY2004 Community Development Block Grant agreement with the Nueces County Community Action Agency to modify the scope of work. 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 -236 Motion to modify the scope of work proposed by the Nueces County Community Action Agency to be completed with FY2005 Community Development Block Grant funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". �> d. MOTION NO. 2005 -237 Motion authorizing the City Manager or his designee to execute a subrecipient agreement in the amount of $87,000 with the Corpus Christi Police Athletic League for funds provided from the FY2004 Community Development Block Grant Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 9 e. MOTION NO. 2005 -238 Motion authorizing the City Manager or his designee to execute a subrecipient agreement in the amount of $40,000 with God's Gym for funds provided from the FY2003 Community Development Block Grant Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 0. MOTION NO. 2005 -239 Motion authorizing the City Manager or his designee to execute a construction contract with TL Electric, of Corpus Christi, Texas in the amount of $57,800 for the Health Department Emergency Power Supply project. 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 July 26, 2005 - Page 7 11.a MOTION NO. 2005 -240 Motion authorizing the City Manager or his designee to execute a construction contract with Longhorn Excavation, Inc., of Richmond, Texas in the amount of $1,825,681.90 for the J. C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 1.b MOTION NO. 2005 -241 Motion authorizing the City Manager or his designee to execute a Materials Inspection, Testing and Laboratory Services Contract in the amount of $137,596 with Kleinfelder of Corpus Christi, Texas for the J. C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 12 MOTION NO. 2005 -242 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $319,112 for the McKinzie Road Utility Relocation, Phase 2 (Equistar to Haven Drive). 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 -243 Motion authorizing the City Manager or his designee to execute a Right -of -Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility, Right -of -Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391 and for other municipal purposes. 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 July 26, 2005 - Page 8 MOTION NO. 2005 -244 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to a construction contract with Beecroft Construction Co., of Corpus Christi, Texas in the amount of $80,600 for the Business Conference/Meeting Room Build -Out. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 6. ORDINANCE NO. 026359 7 Ordinance amending the Code of Ordinances, Section 53 -113, Speed in School Zones, by adding a reference to the Manual on Uniform Traffic Control Devices; providing for penalties. 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 ". ORDINANCE NO. 026360 Ordinance amending the Code of Ordinances Chapter 53- Traffic, Section 53 -250, Schedule I, One -way streets and alleys, Section (b) School areas, by establishing a one -way traffic pattern on the following street sections during the designated school zone hours of Galvan Elementary School: 1) Westbound one -way pattern on Masterson Drive between Kostoryz Road and White Bird Drive. 2) Northbound one -way pattern on White Bird Drive between Masterson Drive and Elderberry Lane; and providing for penalties. 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 ". ORDINANCE NO. 026361 Ordinance appropriating estimated increased revenues of $638,887 in the No. 5010 Stores Fund to cover projected increased expenses in the Warehouse Division related to cost of warehouse merchandise sold; amending Operating Budget adopted by Ordinance 025878 by increasing estimated revenues and appropriations by $638,887 each. 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" Minutes - Regular Council Meeting July 26, 2005 - Page 9 19. ORDINANCE NO. 026362 Ordinance appropriating $75,892 from the Building Security Reserve in the No. 1020 General Fund for additional security at City Magistration and Detention Center; amending Operating Budget adopted by Ordinance 025878 by increasing appropriations by $75,892. 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 ". MOTION NO. 2005 -246 Motion authorizing the City Manager to execute a Deferment Agreement with Shoreline Oaks, Inc., (Developer), in the amount of $52,700.91 for public improvements including street pavement, curb, gutter and sidewalks, for the future street construction improvements to Purdue Road west of Flour Bluff Drive for a distance of 835 linear feet within the Shoreline Oaks Subdivision Unit 1, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". ORDINANCE NO. 026363 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision - Unit 1, for the construction of the one -half street (Sydney Street), located approximately 1,300 linear feet south of Slough Road, east of Rodd Field Road, and north of Master Ditch 31; in accordance with the Platting Ordinance, of which the City's share of cost shall not exceed $88,443.79. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott abstained. ORDINANCE NO. 026364 Ordinance abandoning and vacating a 1,177 - square foot portion of a 10 -foot wide utility easement out of Lot 1B, Block 221, Port Aransas Cliffs; approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Dr. Darrel Ferris, to comply with the specified conditions. 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 ". Minutes - Regular Council Meeting July 26, 2005 - Page 10 ORDINANCE NO. 026365 Authorizing the City Manager or his designee to execute a lease with the United States Department of Transportation, Federal Aviation Administration, in consideration of operation and maintenance of Outer Marker facilities from October 1, 2005 through September 30, 2015. (First Reading 06/28/05) "Fhe foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 24.a MOTION NO. 2005 -247 Motion to amend prior to second reading ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting by replacing "user" with "producer" and clarifying schedule provided to cable operators by access user group. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". :4.b ORDINANCE NO. 026366 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". ORDINANCE NO. 026367 Amending the Code of Ordinances by revising Section 39 -301 Definitions; revising Section 39 -303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; and providing for pay adjustments to relieve pay compression; revising Section 39 -306 Full Time Employees; revising Section 39 -334 Plan I Bereavement Leave; revising Section 39 -338 Plan 1 Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39 -350 Plan II Bereavement Leave; revising Section 39 -353 Plan II Use of Personal Leave and Vacation in lieu of Sick Leave; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Minutes - Regular Council Meeting July 26, 2005 - Page 11 26.a. ORDINANCE NO. 026368 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 1161h ORDINANCE NO. 026369 Amending Section 55 -63 and 55 -70, Code of Ordinances, City of Corpus Christi, regarding fees for servicing gas appliances and gas tap fees. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 26.c ORDINANCE NO. 026370 Amending Section 35 -92, Code of Ordinances, City of Corpus Christi, to impose an administrative fee for the transfer of an oil and gas well permit, providing for penalties. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 26.e ORDINANCE NO. 026372 Amending Section 9 -35.1 Code of Ordinances, to add discounts for parking for thirty days or longer, waiver of certain parking fees, and commuter monthly parking permits for flight staff of airlines and code - sharing airlines based at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for an effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 26.d. regarding increases in solid waste collection service fees. Mr. Bill Kopecky, 3609 Topeka, spoke against the increases in the garbage collection fees, saying these types of increases were excessive and would offset any decrease in the property taxes. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 26, 2005 - Page 12 26.d. ORDINANCE NO. 026371 Increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus Christi; providing an effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 15 regarding the LIDAR (Light Imaging Detection and Ranging) mapping for Padre and Mustang Islands. Responding to Mr. Garcia's question, City Engineer Angel Escobar explained the city had coordinated with the Texas Department of Transportation (TxDOT) to develop a Storm Water Master Plan that can be used for highway . xpansion (specifically of SH 361 )and continued development of the Padre and Mustang Islands. He said the city proposed joining with Texas A &M University- Corpus Christi to provide LIDAR (Light Imaging Detection and Ranging) data collection of the Padre/Mustang Island Basin, which is approximately 23 square miles. The LIDAR data collection will allow for the creation of Storm Water Master Plan Contour Map Sheets and for various coastline and land use studies. He said the ! ' ity of Corpus Christi was providing for 40 percent of the funding. In addition, Mr. Escobar stated FxDOT was contracting with Goldston Engineering to design the Storm Water map sheets and outfalls for Padre/Mustang Island. Mr. Garcia asked if this plan would also address storm water issues on the city's southside or Flour Bluff. Mr. Escobar answered negatively. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2005 -245 Motion authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A &M University- Corpus Christi in an amount not to exceed $100,000 to develop the necessary LIDAR (Light Imaging Detection and Ranging) mapping for Padre and Mustang Islands for the Storm Water Master Plan 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 27.a., and a motion was made, seconded and passed to open the public hearing on the following street right -of -way closure: 27.a. Public hearing to consider abandoning and vacating a 75.81 - square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 linear feet north of South Padre Island Drive. Director of Development Services Barbara Bailey Holly stated the Baypoint Resort Apartment was requesting the street abandonment and vacation of public right -of -way to correct an encroachment from an entrance sign that was inadvertently constructed over a portion of the public Minutes - Regular Council Meeting July 26, 2005 - Page 13 right -of -way. She said the city was transferring the right -of -way for Ennis Joslin, Spur 3, to TxDOT at the end of 2005. Consequently, the city was required to ensure that the Ennis Joslin Road right -of- way was clear of any encroachments. No one appeared in opposition to the street right -of -way closure. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: 27.h ORDINANCE NO. 026373 Ordinance abandoning and vacating a 75.81 - square foot portion (0.50 -foot wide x 151.60 - foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 linear feet north of South Padre Island Drive; subject to compliance with the specified conditions. 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 the presentations on the day's agenda. The first presentation, Item 28, was Report #1 on Bond Issue 2004. City Manager Noe stated this was the first of the scheduled quarterly updates, and noted the update would also be available on the city's website. City Engineer Angel Escobar reported of the 37 approved projects, two were being completed in -house and 35 projects were being awarded for design (A/E). In August 2005, he said the Council would consider additional A/E contracts for the entire Bond 2004 issue. Mr. Escobar reviewed the project timeline for the Street Improvement projects. He noted the street improvements for the Sunnybrook/Manshiem project were included in the drainage improvement bids for this project. He said the drainage improvement bids were rejected because the bids came in above budget. Since that time, staff had restructured the bid components for re -bid in late August or early September, noting that material costs (e.g. concrete and cement) were more affordable at this time. Staff anticipated bringing a contract to award the underground drainage, utility work, and street improvements for the Sunnybrook/Manshiem project. Mr. Escobar emphasized staff paid particular attention to projects with TxDOT designations and/or developer participation, such as the Park Road 22 bridge and the Padre Island Aesthetic Development Part icipation. In response to Mayor Garrett's question, Mr. Escobar said the Sunnybrook/Manshiem bids had come in $1 million over budget, so staff had restructured them for re -bid. Mayor Garrett asked if the re -bid would have any effect on the quality of the work. Mr. Escobar answered negatively, saying staff had restructured the project schedules to allow for more flexibility. He said the more rigid specifications set in the first bid had resulted in high bids. Mr. Scott asked what the process was for the Park Road 22 Bridge improvements. Mr. Minutes - Regular Council Meeting July 26, 2005 - Page 14 Escobar explained this project involved the joint participation of TxDOT and the city. He said staff had notified TxDOT that the city's share of the funding was available. Staff would schedule a meeting with TxDOT to discuss the types of enhancements to be implemented between the JFK Causeway and SH 361. Subsequently, staff would share the recommendations with the Council and the Island Master Plan Committee. Mr. Scott asked for a timeline on the project. City Manager Noe replied staff would provide a schedule for the consultation process and the construction. Regarding the Traffic Congestion Management project, Mr. Kinnison asked when staff would present a list of intersections. Mr. Escobar replied staff would bring the A/E agreement with HDR Engineering, the firm selected to design the projects, to the Council on August 23,. He said there were three primary areas to be worked on as follows: Everhart corridor (SPID to Saratoga); secondary access to the shopping center located at the corner of Everhart and SPID access road; and the addition of a left turn lane from Everhart Road to Congressional Drive. Mr. Kinnison asked when the list of streets to be included in the traffic signalization project would be presented to the Council. Mr. Escobar answered there were ten intersections being considered. Staff was conducting warrants on each of the intersections to justify their selection. He said tour out of the ten intersections had been completed at this point. Staff anticipated completing the list in late October. Regarding the Cimarron Boulevard expansion project, Mr. Garcia asked if the improvements would enhance the intersection of Cimarron Boulevard and Yorktown Boulevard with turning lanes. Mr. Escobar replied this intersection was scheduled for improvements before the major work was hid. He said he would provide Mr. Garcia with a work schedule. Mr. Garcia also asked what types of improvements were included in the North Beach Area improvements project. Mr. Escobar replied the improvements included sidewalks, landscaping, signage, and a boardwalk. Staff had met with the North Beach Association a number of times, and they had provided a list of priorities. He said the city would be entering into a contract with architect John Wright to determine how to best use the funds. Mr. Escobar said the boardwalk expansion was funded with $40,000 per year with a $60,000 match from the State General Land Office for a total of $100,000. Mr. Escobar reported on the project timeline for Public Health & Safety, Public Facilities, Parks & Recreation, and Bayfront Projects. He said staff had issued bids for Phase 2 of the Museum Fire Suppression System, hoped to receive bids in August, and then bring the bids for award in late August or early September. He anticipated finishing the project next April. Regarding the Northwest Library expansion, he said the project was currently in the land acquisition phase. Staff anticipated issuing construction bids in November or December, with actual construction beginning in February 2006. The project was scheduled for completion next April. Mr. Escobar noted a substantial number of bids were scheduled to be issued beginning in December. Staff had communicated with other governmental entities and local contractor associations to schedule the bids so they would not conflict with other local projects. Minutes - Regular Council Meeting July 26, 2005 - Page 15 Mr. Noyola asked why the Southside Fire Station project had experienced so many delays. City Manager Noe replied that significant staffing costs were partly to blame. He said items with a significant impact on operations and maintenance were placed on the end of the construction schedule. Mr. Noyola replied this was a high priority item for the voters, and it required a relatively short construction period of nine months. City Manager Noe answered the challenge was not the construction period; rather, it was a question of acquiring adequate funding to staff the facility. He added that there would be more information on the fire station facilities when the Tri-Data report results were issued in approximately 30 days. * * * * * * * * * * * ** The next presentation was Item 29, a City Council Focus Area regarding infrastructure issues drainage, sewer, streets and water). Assistant City Manager Ron Massey discussed the key processes staff used to implement and maintain infrastructure as follows: master planning, capital planning, and funding. Regarding the master planning process, he said three main plans, the ( omprehensive Plan, the Area Development Plans, and the Urban Transportation Plan, set the framework for the city's water, wastewater, storm water, parks, facilities, and airport master plans. Ile said master planning provided the basis for identifying the city's infrastructure needs. Mr. Massey stated the capital planning process was the vehicle for scheduling and funding the city's infrastructure. The Council reviewed and approved an annual capital budget, based on the future needs assessment identified in the master planning process. Staff prioritized the capital projects based on the following criteria: regulatory/safety issues; rehabilitation of existing infrastructure; and expansion of the system. In addition, Mr. Massey explained the funding process used in the capital budget as follows: current year, short-range (three years), and long -range (beyond three years). The current year capital budget was fully funded, the short-range budget was comprised of projected costs, and the long - range plan was unfunded. He displayed a graph illustrating the historical capital budget from 1998 to 2005. In 1998, 75 percent of capital budget expenditures were comprised of utility revenues, and m 1999, the percentage was 86 percent. Beginning in 2000, the revenue picture changed with the passage of Bond Issue 2000, the sales tax initiatives, the Packery Channel TIF, and hotel/motel tax changes for the convention center. He emphasized, however, that the consistent funding source for capital improvements was utility fund revenue. Mr. Massey displayed a graph depicting Capital Improvement Program (CIP) expenditures from 1995 to 2005. Mr. Kinnison commented the city completed many more capital projects now than in 1995 to 1999, saying the city did more in one year than they used to do in three to four years combined. Mr. Massey discussed the types of funding sources available for infrastructure projects as follows: voter- approved General Obligation (GO) and sales tax bonds; revenue supported bonds; hotel /motel tax supported bonds; Tax Increment Finance (TIF) districts; improvement districts /assessments; and federal /state government. Mr. Massey mentioned a number of recent funding sources as follows: Federal Aviation Minutes - Regular Council Meeting July. 26, 2005 - Page 16 Administration (FAA) grants/ Passenger Facility Charges; 2000 Bond issue; 2000 sales tax issues; Packery TIF; Hotel/Motel tax; 2002 economic development sales tax; and 2004 Bond issue. He displayed a graph illustrating the debt service on General Obligation bonds from FY 2006 to FY 2021. Mr. Massey summarized the issues affecting the level of infrastructure as follows: level of investment; priorities; and timing and/or frequency of budget approval. He noted the approval of the capital budget lagged behind the approval of the operating budget. He said the city may want to consider adjusting the timing of the capital budget so it was approved prior to the approval of the ,operating budget. In addition, the city may also want to consider whether the capital budget needed o be approved on an annual basis. Since the capital budget involved long -term projects, Mr. Massey ;aid it may make more sense to approve it every two years. Mr. Garcia spoke in favor of reviewing !he capital budget every two years. In conclusion, Mr. Massey discussed a number of follow -up actions related to infrastructure. First. the Council could discuss infrastructure issues during the proposed Council Workshop on financial policies. Second, staff could change the project prioritization procedures if necessary, based on feedback from the workshop, and then revise the capital budget accordingly. Finally, the city would finalize the schedule for the next capital budget process. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 30 regarding the dedication of Ben Garza Park. Director of Parks and Recreation Sally Gavlik stated this item included the approval of the Site Master Plan for Ben Garza Park, as well as dedicating a portion of city property that had previously been a water reservoir site, as parkland. Mr. Billy Delgado and Mr. Art Sosa with the Parks and Recreation Department presented the Ben Garza Park Site Master Plan. Mr. Delgado displayed a slide of the current site plan, highlighting the area near Ben Garza Gym where the in- ground tank was removed. He described the proposed amenities for the Master Plan as follows: trails, picnic pavilions, playgrounds, baseball fields, aquatic element, and outdoor covered basketball pavilions. He then reviewed the proposed site plan incorporating these amenities. Mr. Delgado stated the proposed site plan addressed problems with parking in the area related to the ballfields. He said the plan increased the number of parking spaces, and moved the entrance 10 the parking lot to allow for easier access to the Crosstown Expressway. Mr. Sosa reported the Ben Garza Park Site Master Plan fulfilled six of the ten priorities identified for parks. Based on the size of the site, he said this was the maximum number of priorities that could be incorporated here. In response to Mr. Marez's question, Mr. Delgado said the Police Athletic League currently had a one -year lease to use the softball field. He said staff was negotiating a five -year lease for the field to allow them to continue to use the property. Minutes - Regular Council Meeting July 26, 2005 - Page 17 Mr. Noyola asked for a timeline for implementation of the plan. Ms. Gavlik replied the city had CDBG funds they would apply to the ballfield construction. In addition, staff was applying for a grant to acquire funds for construction of the trail next June. The aquatic element would actually be located in Wilmot Park, an extension of Ben Garza Park. She said this element would be developed over the next two years. Mr. Noyola spoke in support of the plan, saying the park was sorely needed on that side of town. Mr. Scott questioned whether the proposed site plan incorporated adequate parking for three baseball fields. Mr. Delgado replied affirmatively, saying people could still park along the street if needed. Mr. Sosa added one of the challenges of park land design was not to overwhelm the site with parking spaces. Mr. Scott and Mr. Garcia spoke in support of the park and the facility. Mr. Noyola asked if there were plans to cover the bleachers in the baseball fields because of he heat. Mr. Delgado replied the Police Athletic League had expressed interest in acquiring CDBG funds and grant funds to provide bleachers with shade. City Manager Noe acknowledged staffs efforts in developing the plan, noting that Ben Garza was Mr. Delgado's grandfather, so he had a special interest in the project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. RESOLUTION NO. 026374 Resolution dedicating the City property at 1815 Howard St. as Ben Garza Park, a public park, including the area formerly referred to as Ben Garza Gym and Athletic Field; and approving the Site Master Plan for Ben Garza Park. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 31 regarding a wastewater construction project along IH -37, SH -286 (Crosstown Expressway), and SH -358 (Padre Island Drive). City Engineer Angel Escobar explained this project would clean, televise, and rehabilitate all 26 sanitary sewer line segments using cured -in -place pipe along these major highway routes. The action was necessary to prevent future cave -ins, blockages, and settlements. Mr. Escobar reported the project had bid and is ready for construction; however, the bid process was subject to an irregularity. He said the low -bid contractor, rePipe- Texas, Inc., did not acknowledge receipt of the addenda, and consequently requested to withdraw their bid. However, the consultant did not believe any of the items in the addenda materially affected the bids. Thus, based on the information available, he said there appeared to be no administrative or technical reason not to award the contract to rePipe -Texas, Inc. Staff recommended the irregularity of not acknowledging receipt of the addenda be waived. Mr. Escobar said the city cannot allow rePipe -Texas, Inc. to withdraw the bid without the forfeiture of the bid bond. The normal procedure would be to recommend award to rePipe- Texas, Inc., have them not execute the contracts, rescind the award, contact the surety company for the bid Minutes - Regular Council Meeting July 26, 2005 - Page 18 bond, and then award to the second lowest bidder. To save time, the city and rePipe -Texas agreed to have the company send a letter declining the award of contract and requesting substitution of a cashier's check in the amount of $61,063 in place of the bid bond. Staff's recommendation was to accept the request of rePipe- Texas, Inc. in declining acceptance of the award and substitute a cashier's check; and award the contract to WESCO Infrastructure Technologies L.P. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005 -248 Motion authorizing the City Manager or his designee to accept the request of rePipe- Texas, Inc. in declining acceptance of the award of the contract and substituting a cashier's check in the amount of $61,063 in place of the bid bond and forfeiting said amount to the City. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 31.b ORDINANCE NO. 026375 Ordinance appropriating a deposit in the amount of $61,063 from rePipe -Texas, Inc. for payment of a forfeited bid bond in Wastewater Capital Improvement Program Fund 3430 for the Wastewater Pipe Rehabilitation FY2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) project; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $61,063. 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" 2.1 c MOTION NO. 2005 -249 Motion authorizing the City Manager or his designee to execute a construction contract with WESCO Infrastructure Technologies, LP, of Pearland, Texas in the amount of $1,968,747 for the Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive). 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 opened discussion on Item 32 regarding appropriation items for Whataburger Field. Assistant Director of Engineering Services Kevin Stowers reported the Port of Corpus Christi was providing funds for security fencing upgrades they had requested along the north property line. In addition, the Corpus Christi Hooks and Whataburger were providing a total of approximately $255,000 for work items they had requested. Mr. Stowers said these appropriations would provide the necessary funding to proceed with Change Order No. 6 in the amount of $467,000. Mr. Stowers noted all the items had been completed. Finally, he stated there would be an additional change order forthcoming to acquire additional compensation from the Corpus Christi Hooks and other associated Minutes - Regular Council Meeting July 26, 2005 - Page 19 organizations. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 32.a. ORDINANCE NO. 026376 Ordinance appropriating $2,742.36 from unappropriated interest earnings and $14,985 from miscellaneous revenues into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for the Whataburger Field; amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $17,727.36. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained. 32.b ORDINANCE NO . 026377 32.c Ordinance appropriating $1,450 from miscellaneous revenues received as restitution for theft of ballpark boiler doors into the General Fund No. 1020 for the Whataburger Field; amending the FY 2004 -2005 Budget adopted by Ordinance No. 025878 by increasing appropriations by $1,450. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Kelly abstained. ORDINANCE NO. 026378 Ordinance appropriating $168,797 from the Corpus Christi Hooks into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for team requested modifications to Whataburger Field; amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $168,797. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained. 32.d. ORDINANCE NO. 026379 Ordinance appropriating $86,099.78 from Whataburger, Inc. into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for concessionaire requested modifications to Whataburger Field; amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $86,099.78. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Kelly abstained. Minutes - Regular Council Meeting July 26, 2005 - Page 20 12.e MOTION NO. 2005 -250 Motion authorizing the City Manager or his designee to execute Change Order No. 6 with the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $467,011.15 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $23,577,837.15 for construction of the Professional Minor League Baseball Stadium The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez. Noyola, and Scott, voting "Aye "; Kelly abstained. Mayor Garrett opened discussion on Item 33 regarding parking prohibitions in the arena and baseball stadium area. City Engineer Angel Escobar reported this item had been tabled previously :o allow city staff to meet with Mr. Joe McComb about the access issues the restrictions would create (or his warehouse, located on Power Street and Tancahua. Mr. McComb stated in a letter that the level of use did not warrant a no parking zone that would impair street and sidewalk access to his facility. Mr. Escobar refuted this claim, saying the level of use was high when activities at Whataburger Field, the Old Concrete Street Amphitheater, the Ortiz Center, and the American Bank Center were all averaged in. In addition, he said traffic from Portland or North Beach was directed by electronic message board onto Tancahua Street for special events at the American Bank Center. Finally, he said Police Captain Robert MacDonald has found Tancahua Street to be an important part of the traffic management plan for special events. He was in favor of the parking restrictions to address safety concerns in the area. In conclusion, Mr. Escobar stated staffs review indicated there was no connection between the proposed no parking ordinance and building access. Mr. Escobar stated staff met with Mr. Dusty Durrill who owns the adjoining property that could provide access to Mr. McComb's facility. During the meeting, Mr. Durrill explained that Mr. McComb had right of first refusal from the railroad when the property was sold. Mr. McComb declined to purchase the property or any portion of the property which had provided him with access. Mr. Durrill also pointed out that after he acquired the property, Mr. McComb continued to use the property without permission. He ultimately notified Mr. McComb to cease using the property as his trucks were damaging the lots. Subsequently, Mr. Durrill installed posts and cables to prevent access. He was unwilling to provide any additional assistance to Mr. McComb after three and half nears of unauthorized use. Mr. Escobar stated the two remaining acceptable options were then further refined and cost estimates developed. The resulting three alternatives required the use of Tancahua Street right -of- way, building modifications, and a driveway width exceeding the driveway ordinance limitation. He reviewed the three options individually. Option A required northbound trucks to back in parallel to the warehouse and required removal of concrete curb and gutter, removal of sidewalk, pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of a warehouse door, and construction of a loading dock at an estimated total cost of $34,814.53. Option B was similar but required the relocation of an existing power pole and was slightly less costly at $30,067.33. Option C required southbound trucks to back in from the northbound lane parallel to the warehouse. and required the removal of concrete curb and gutter, removal of a sidewalk, Minutes - Regular Council Meeting July 26, 2005 - Page 21 pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of a warehouse door, existing power pole, and a loading dock at an estimated cost of $37,244.48. He emphasized that this option was not being recommended. In conclusion, staff was recommending the adoption of the no parking ordinance as presented, and approval of a use privilege agreement for right -of -way usage upon application by the property owner provided they conform to one of the two recommended alternatives. In response to Mr. Scott's question, Police Captain McDonald reiterated the importance of Tancahua Street in the traffic management plan for the area. He said many events were scheduled in the daytime, and thus would conflict with the operation hours of Mr. McComb's facility. Mr. Kinnison asked if Mr. McComb had indicated whether he would accept either of the two options. Mr. Escobar replied Mr. McComb had not issued a response. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 11.a ORDINANCE NO. 026380 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53 -252, Schedule III, Parking prohibited at all times on certain streets, by prohibiting parking on the following street sections: (Tabled 7/12/05) 1. East Port Avenue, north side, from North Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from East Port Avenue to Brewster Street. 3. Brewster Street, both sides, from North Chaparral Street to Sam Rankin Street. 4. North Tancahua Street, both sides, from East Port Avenue to U.S. 181. 5. East Hirsch Street, both sides, from North Mesquite to North Chaparral Street. 6. North Chaparral Street, both sides, from U.S. 181 to I.H. 37; providing for penalties. 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 ". 33.b. ORDINANCE NO. 026381 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53 -253, Schedule IV, stopping, standing, or parking prohibited during certain hours on certain streets, by prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections: (Tabled 7/12/05) 1. North Mesquite Street, both sides from U.S. 181 to I.H. 37. 2. East Port Avenue, north side, from Sam Rankin Street to a point 522 feet east; providing for penalties. An emergency was declared, and the foregoing ordinance was passed and approved with the Minutes - Regular Council Meeting f my 26, 2005 - Page 22 following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. * * * * * * * * * * * ** Mayor Garrett called for petitions from the audience. Mr. Andy Corona, 1902 Loritte, spoke in support of Police Chief Pete Alvarez, saying the Council was wrong to chastise him at last week's council meeting. Mr. Emile S. Bolden 1, 5602 Palo Alto, spoke regarding his son's accomplishments. * * * * * * * * * * * * * Mayor Garrett called for a brief recess. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 35 regarding a number of proposed parks and recreation fee /rate increase adjustments. Director of Parks and Recreation Sally Gavlik stated the information in the Council agenda books was incorrect, and said a correction had been distributed. Exhibit A consisted of fees for the new boater facilities in the marina, regattas, and multicultural center facilities use. Exhibit B consisted of fees for athletics and tournaments, aquatics, recreational facility rentals, and the summer youth program. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 5 RESOLUTION NO. 026382 Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure Time Activities Rental and Recreational Fees; adding new rental fees and recreational fees for Fiscal Year 2005 -2006; and providing for an effective date. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 36, a number of proposed fee /rate increase adjustments. City Manager Noe stated this was the second reading of this item, and noted a number of corrections had been made since the first reading which were explained in the agenda book. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 26, 2005 - Page 23 36.a, MOTION NO. 2005 -252 Motion to amend prior to second reading by substituting ordinance amending Section 55 -22, 55 -28, and 55 -38, the Code of Ordinances, City of Corpus Christi, regarding application fees for new or transferred utility service, fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 16.b ORDINANCE NO. 026383 Amending Section 55 -22, 55 -28, and 55 -38, the Code of Ordinances, City of Corpus Christi, regarding application fees for new or transferred utility service, fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 37 regarding proposed airport fee /rate increase adjustments. City Manager Noe stated this was the second reading of this item, and noted a number of corrections had been made since the first reading which were explained in the agenda book. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 37,a. MOTION NO. 2005 -253 Motion to amend prior to second reading ordinance amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9 -61, permit for airport ground transportation operations, by revising the fees and charges by revising Paragraph (b)5 "Charter Vehicle" fee from $10.00 to $5.00; providing for an effective date of September I, 2005; providing for repeal; providing for penalties. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. Minutes - Regular Council Meeting July 26, 2005 - Page 24 t7b ORDINANCE NO. 026384 Amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9 -61, Permit for Airport Ground Transportation Operations, by revising fees and charges; providing for an effective date of September 1, 2005, providing for repeal; providing for penalties. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. Mayor Garrett opened discussion on Item 38, the second reading of the proposed FY 2005- 1006 budget. City Manager Noe discussed Items 38 and Item 39, setting the public hearing for the ad valorem tax rate, together because they were closely related items. He said there were a number o fproposed amendments to the budget, reflecting the funding options adopted by the Council on July 19, 2005. The amendments included $2.1 million in decrease adjustments; the addition of the trapped animal program funding in the Health Department; funding for Item 34, the South Texas 'Military Task Force; Pawn Shop Detail funding; and funding for repairs to the Art Museum of South Texas and the Harbor Playhouse. In addition, Mr. Noe stated funding for Convention incentives i $50,000) and Hotel/Motel tax audits ($25,000) had been separated from the Convention promotion line item to allow for better management of these expenditures. Regarding the ad valorem tax rate, City Manager Noe reported staff received the latest information on property values yesterday from the Nueces County Tax Appraisal District. As staff had suggested last week, he said the values on the current tax roll were higher than estimated. Mr. Noe displayed a chart depicting the evolution of the proposed city tax rate during the budget process. The current tax rate, adopted in FY 2004 -05, was $0.634, comprised of a $0.460 Maintenance & Operation (M &O) tax rate and a $0.174 debt service tax rate The proposed FY 2005 -06 budget staff presented in May included a $0.654 tax rate, consisting of a $0.455 M &O tax rate and a $0.199 debt service tax rate. On July 19, the Council authorized a number of changes to keep the effective tax rate for the M &O portion of the Ad Valorem Taxes level, translating into a tax rate of $0.632, consisting of a $0.433 M &O rate and $0.199 debt service rate. Based on the latest appraised values provided by the appraisal district, Mr. Noe stated staffs recommendation was to further reduce the M &O rate to $0.427 and maintain the $0.199 debt service tax rate, resulting in a total tax rate of $0.626. He emphasized, however, the numbers would probably change continually throughout the budget process, but this was staffs best estimate at this point. In addition, Mr. Noe said the recommended tax rate will produce slightly more revenues than estimated last week. Staffs recommendation was to take any difference in revenues in the general fund and place it in a reserve appropriation. Staff would bring this amendment to the Council for their approval later in the year. Mr. Scott asked for a historical perspective on the city's M &O tax rate and total tax rates. Assistant City Manager Oscar Martinez stated the last time the tax rate was this low was in 1987. Mr. Scott also asked for a five -year perspective on growth and valuations. He noted the appraisal district was saying the total growth in valuations was 8.8 percent. In response to Mr. Scott's Minutes - Regular Council Meeting July 26, 2005 - Page 25 question, Director of Finance Cindy O'Brien stated the growth rate was 7.7 percent. Mr. Scott asked if the city had seen this type of growth in recent memory. Mr. Martinez answered negatively. Mr. Scott concluded the reality was that the city's economy was robust, and because of this, the taxpayers would benefit from a reduction in the tax rate. He asked Ms. O'Brien to provide the historical info so the Council could better communicate the state of the economy to the public. Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, requested that the proposed M &O rate be even lower because the certified tax roll was higher than estimated during the July 19, 2005 meeting. Mr. J.E. O'Brien, 4130 Pompano, spoke against any increases in utility rates and asked the Council to reduce the budget even further. Mr. Scott asked what portion of the proposed utility fund increases was applied to capital Improvement project costs. Assistant City Manager Ron Massey replied the majority of the revenues raised through utility rate increases supported the capital improvements. Mr. Scott pointed out the city was executing many more capital improvement projects than ever before, and it was important to communicate this point to the ratepayers. He asked staff to provide a percentage of the portion of revenues from utility rate increases that were applied to capital improvement project costs. Mr. Chesney asked if the proposed tax rate maintained the effective tax rate, as he had requested earlier. City Manager Noe replied that for the general operating budget, the proposed tax rate did maintain the effective tax rate; however, the proposed rate did not maintain the effective tax rate on the debt service side. Mr. Chesney pointed out the increase in the debt service rate was approved by the voters in Bond Issue 2004. City Secretary Chapa polled the Council for their votes as follows: 38.a MOTION NO. 2005 -254 Motion to amend prior to second reading the ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget; which passed on first reading on July 19, 2005, by revising Section I of the Ordinance. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 18.b ORDINANCE NO. 026385 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 39, setting the public hearing on the ad valorem Minutes - Regular Council Meeting July 26, 2005 - Page 26 tax rate. City Secretary Chapa noted that Item 39.a. needed to be amended to reflect the new ad valorem tax rate of $0.625799. Mr. Noyola made a motion to amend Item 39.a. as stated by Mr. Chapa, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: 39.a. MOTION NO. 2005 -255 Motion setting September 13, 2005 as the date of the adoption of the ad valorem tax rate of $0.631722 $0.625799 per $100 valuation. The foregoing motion was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. ;9.h MOTION NO. 2005 -256 Motion setting a public hearing on the ad valorem tax rate for August 23, 2005 and a second public hearing for August 30, 2005, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 40, the appointment of Council Members as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. There were no comments from the public. City Secretary Chapa polled We Council for their votes as follows: 40. MOTION NO. 2005 -257 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * * * * * * * * * * * * * Mayor Garrett called for a brief recess to hold the city corporation meetings. * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe asked City Engineer Angel Escobar to report on Hurricane Emily's impact on the Packery Channel project. Mr. Escobar displayed a number of photographs of Packery Channel as of July 21, 2005 showing the extent of damage the channel sustained as a result of Hurricane Emily. He said city staff met with the Corps Minutes - Regular Council Meeting July 26, 2005 - Page 27 of Engineers staff to perform a detailed assessment of the channel's condition. A preliminary review of the project revealed in part that because a temporary sand plug was in place between the two jetties, water was forced on the land side of both of the jetties. On the north side, the water undermined the erosion protection at its intersection with the west end of the land jetty, resulting in a failure of approximately 150 feet of erosion protection. He said staff would forward the results of the detailed assessment as soon as it was ready. Mr. Noe added that the Corps of Engineers had indicated in the past that they had access to emergency funding for any repairs. He said there had heen no discussion regarding any potential time delays caused by the repairs. In response to Mr. Scott's question, Mr. Escobar replied staff's initial conclusion was that if the temporary sand plug had not been between the two jetties, the water in the channel would have risen at the same rate as the water on the land side of the jetty; therefore, there would not have been undermining of the erosion protection. Mr. Scott asked if there was any damage to the jetty. Mr. Escobar answered negatively, saying they were unable to detect any damage visually. City Manager Noe reported staff had distributed a memo regarding the closure of the Vk'oodtrust Bridge on Lexington Road, just east of Rodd Field Road, as a result of the latest analysis from TxDOT on the bridge's status. He said the bridge was scheduled for replacement in 2007, but the city would work with TxDOT to accelerate the time line as possible. Mayor Garrett asked staff to publicize this closure to the neighborhood. Mr. Noe reported online registration for the Latchkey program was now available at w ww.ccparkandrec. com. Finally, Mr. Noe stated the next Council meeting would take place on August 23 because of the summer break. The following items were scheduled for consideration on that date: public hearing on the ad valorem tax rate; update on the Neighborhood Initiative Program (NIP); and a presentation on the City Council Focus Area: Neighborhoods. Mayor Garrett asked storm water staff to look at the intersection of Purdue and Flour Bluff Road. Mr. Garcia interjected and stated he had already contacted staff about the problem. Mayor Garrett called for Council concerns and reports. Mr. Noyola thanked Mayor Garrett, and Council Members Scott, Chesney, and Garcia for donating to the Oso Mighty Sharks for their tournament in Galveston, which they won. He also reported the Westside International Little League All -Stars had advanced to a tournament in Dallas which could lead to a World Series berth. Mr. Scott asked for a time line on the changes in the Texas General Land Office (GLO)'s process to remove vehicles from the beach near the seawall. Ms. Cooper reported there would be a town hall meeting on Monday, August 1 at 6.p.m. at Montclair Elementary School, hosted by Council Member Scott. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:22 p.m. on July 26, 2005. * * * * * * * * * * * * * 2 a. BOARD OF ADJUSTMENT - One (1) vacancy with term to 4- 04 -06. (NOTE: The board has a policy of requesting the appointment of the longest- serving Alternate member to a vacant position and that a new person fill the Alternate position.) DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD. DATE Gene Clancy, Chair 4 -04 -06 3 -13 -01 ** *John Martinez 4 -04 -06 10 -10 -00 William Tinney 4 -04 -06 4 -13 -04 David Loeb 4 -04 -06 4 -13 -04 Charles Schibi 4 -04 -06 3 -13 -01 Taylor Mauck (Alternate) 4 -04 -06 4 -13 -04 Ramiro Gamboa (Alternate) 4 -04 -06 5 -17 -05 ** *Resigned INDIVIDUALS EXPRESSING INTEREST Evy Coppola Kenneth W. Graves Dan Winsh P Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Barrios Association and Yoga Alliance. (4 -21- 05) Leading Chief Petty Officer, United States Navy. Received B.S. from George Washington University and M.A. from Webster University. Active member of the America College of Health Care Executives. Previously Stated in Yokosuka, Japan and familiar with Japanese customs. (4- 28-05) President, Winship Construction, Inc. Received B.A. from Texas A & M University — College Station and United States Army Officer and Reserves. Activities include: Founding Member, Past President and past National Director of the Associated Builders and Contractors, West Corpus Christi Rotary Club, Padre Island Business Association, South Texas Council of Boy Scouts and Coastal Bend Health Facilities Development Corporation. (8- 03 -05) CIVIL SERVICE BOARD /COMMISSION — One (1) vacancy with term to 6- 15 -06. (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 rules 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 terms 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. ORIGINAL MEMBERS TERMS APPTD. DATES ** *Deborah Arnold 6 -15 -06 3 -08 -05 John Silvas 6 -15 -08 3 -08 -05 Cydney Farrar 6 -15 -07 7 -18 -00 ** *Resigned (Note: City Manager George K. Noe is recommending the new appointment of Jose Moncada to the Civil Service Commission.) INDIVIDUALS EXPRESSING INTEREST Joe Benavides Shelley Franco Eduardo Hinojosa USMC Retired. Received Bachelors in Management and Human Resources. Member of the Regional Transportation Authority Board of Directors. (3- 03 -05) Senior Quality Assurance Manager /Equal Opportunity 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 Department an the Department of Labor's Civil Rights Center. (6- 07 -05) 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. (3- 04 -05) G. Douglas Johnson Jose Moncada Billy Ray Sayles Jennifer Welp 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) Human Resources Manager, Valero Refining Company. Received B.A. in Sociology and M.A. in Social Rehabilitation from Sam Houston State University. Activities include: Texas State Technical Colelge Advisory Board member for Chemical Technology, Leadership Corpus Christi, Alpha Chi, and Assistant Scoutmaster Troop 3. Received the Valero Employee of the Month and Volunteer of the Year awards. (7- 08 -05) Counselor, Self - employed. Received A.A. in Mental Health, B.A in Psychology and M.S. in Educational Psychology. Activities include: Nueces County MHMR Board of Trustees, Committee for Persons with Disabilities and the Texas Youth Commission Volunteer Council. (5- 06-04) Human Resources Manager, Maverick Engineering, Inc. Received a B.A. in Business Management from Southwest Texas State University and M.A. from 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) c. COMMITTEE FOR PERSONS WITH DISABILITIES — One (1) vacancy with term to 2- 01 -06. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non - voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE Linda Fallwell- Stover, Chairperson 2 -01 -06 2 -27 -01 Abel Alonzo 2 -01 -06 7 -12 -05 Mary J. Saenz 2 -01 -07 8 -21 -01 Brian Watson 2 -01 -07 11 -11 -03 Roberto M. Flores 2 -01 -07 2 -27 -01 ** *Billy Ray Sayles 2 -01 -06 12 -11 -01 Toni Padilla 2 -01 -06 2 -27 -01 Eloy Soza 2 -01 -07 2 -27 -01 David Walker 2 -01 -07 2 -15 -05 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio * * *Resigned INDIVIDUALS EXPRESSING INTEREST Adrian Desmond Dansby James M. Duerr Teacher/P.T. Assistant Principal. Received A.A. from Del Mar College and B.A. and M.A. from Corpus Christi State University. Formerly served on Human Relations Commission and Sister City Committee. Inducted to the Del Mar College Hall of Fame 1982. (2- 23 -05) Marketing Consultant, Moorhouse Construction. Received B.S. in Engineering. Member of the Volunteer Center and the Rotary Club of Corpus Christi. (7- 25 -05) Norma Jean Franklin Student in Computer Sciences, Texas A & M University — Corpus Christi. Attempting to releam computer skills to teach people with computer devices - service. (2- 28 -05) Dwight Jolliffe Retired. Attended community college for Liberal Arts. President of the Blind Leaders, Past President of the Bridge over Darkness and Christian Tape Ministry. (7- 21 -05) Michelle Jones Independent Living Specialist - Relocation, Accessible Communities - Coastal Bend Center for Independent Living. Licensed as a Registered Nurse. Graduated from the Coastal bend Advocacy Training and Partners in Policy. Current Secretary of Accessible Communities of the Coastal Bend. (1- 27 -05) i_arry Rast Miles D. Toren Rosa M. Valdez Owner, Marathon Mortgage. Received B.A. in Sociology from Texas Tech University and M.A. in Community Counseling from 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. (11- 14 -04) Assistant Chief Probation Officer, Nueces County Juvenile Department. Received Master's degree in Sociology and Gerontology. Received the Employee of the Year award for 1996. (2- 19 -05) Marketing/Sales, TIBH Industries, Inc. Received B.A. in Liberal Arts from Texas A & M University — Corpus Christi. Activities include: Parent volunteer of National Hispanic Institute, C.C. Business & Professional Women's Club, Leadership Corpus Christi Class and Steering Committee and the Del Mar College TACHE Organization. (1- 13 -05) d INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE — Two (2) vacancies with two -year terms to 8- 19 -07. DUTIES: Assisting and advising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueces County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse, and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION: Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso- Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calallen ISD, and one by the Board of the Flour Bluff ISD. ORIGINAL MEMBERS TERM APPTD. DATE John Johnson ( Calallen), Chair 8 -19 -05 Jesus S. Molina (City) 8 -19 -07 5 -10 -05 *Jean Newberry (City) 8 -19 -05 8 -05 -86 *Dr. Judith Sutherland (City) 8 -19 -05 7 -13 -04 Abby Saenz (County), Vice Chair 8 -19 -04 Aaron Bonds (County) 8 -19 -03 Michael Chavez (County) 8 -19 -04 Delia Berlanga (CCISD) 8 -19 -05 Dana Fernandez (CCISD) 8 -19 -05 Mike Trudeau (Flour Bluff) 8 -19 -05 Dora Sifuentes (West Oso) 8 -19 -05 Anna Peterson (Tuloso- Midway) 8 -19 -05 Sylvia Benavides (Robstown) 8 -19 -05 *Seeking reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jean Newberry (City) 9 8 89% Dr. Judith Sutherland (City) 9 6 67% OTHER INDIVIDUALS EXPRESSING INTEREST Rod Carpenter Pastor, Solid Rock U.P.C. Member of the Corpus Christi Partnership Council and received the Govemor's Volunteer Award. (5- 05 -05) Miles D. Toren Assistant Chief Probation Officer, Nueces County Juvenile Department. Received Master's degree in Sociology and Gerontology. Received the Employee of the Year award for 1996. (2- 19 -05) PARK AND RECREATION ADVISORY COMMITTEE — Six (6) vacancies with two -year terms to 8- 23 -07. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE Sandra Billish, Chairperson 8 -23 -06 9 -14 -99 Rome Gregorio, Vice - Chairperson 8 -23 -06 8 -22 -00 Davie Cissna 8 -23 -06 8 -20 -02 * * ** *Anne Baker 8 -23 -05 9 -14 -99 Dorrinda Garza 8 -23 -06 8 -20 -02 *Mari Whitworth 8 -23 -05 1 -18 -05 *Jamie Pyle 8 -23 -05 1 -18 -05 *Hunter Young 8 -23 -05 5 -18 -04 *Carl Suding 8 -23 -05 8 -17 -04 Buddy Sparks 8 -23 -06 5 -10 -05 *Gregory T. Perkes 8 -23 -05 4 -22 -03 *Seeking reappointment * * ** *Has met the six -year limitation allowed by ordinance and is ineligible for reappointment (Note: The Park and Recreation Advisory Committee is recommending the new appointment of Teresa Carrillo.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Mari Whitworth 5 3 60% Jamie Pyle 5 5 100% Hunter Young 9 7 78% Carl Suding 9 8 89% Gregory T. Perkes 9 7 78% OTHER INDIVIDUALS EXPRESSING INTEREST 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 Community Council, Beautify Corpus Garrett Dorsey, III James M. Duerr Michael A. Garcia Rene R. Gutierrez Judy E. McNamera W Chuck Rushing Christi, Earth Day Bay Day Committee and Environmental Representative for the Coastal Bend Regional Water Planning Group. (3- 18 -05) Purchasing Manager, Hogan Homes Inc. Attended Stephen F. Austin College. Current President of the Padre Island Little League. (7- 19 -05) Marketing Consultant, Moorhouse Construction. Received B.S. in Engineering. Member of the Volunteer Center and the Rotary Club of Corpus Christi. (7- 25 -05) General Manager, Pete's Chicken -N -More. Received B.S. in Electrical Engineering. Activities include: National Restaurant Association and Texas Restaurant Association. (7- 10 -05) Juvenile Probation Officer, Nueces County Juvenile Probation Department. Received A.A., B.S. in Criminal Justice and M.A. in Public Administration Management. Activities include: Leadership Corpus Christi XXXIII, Mentor, and Youth Continuation Care Coalition. (4- 15 -05) Administrator, Caring Senior Service. Received B.S. from Texas A & M University — Kingsville. Activities include: member of the STSWS and TRACM. (4- 08 -05) Branch Manager, Fugro Consultants LP. Received B.A. and M.A. in Civil Engineering. Activities include: Consulting Engineer Council, American Institute of Architects and avid cyclist, sailor, runner and fisherman. (7- 29 -05) f SMALL BUSINESS ADVISORY COMMITTEE - Three (3) vacancies with three -year terms to 8- 01-08 composed of representatives from organizations that assist small and historically underutilized businesses or representatives from businesses that support small and historically underutilized businesses such as banks and real estate agencies. DUTIES: To advise the Economic Development Office on projects and programs to initiate, enhance or research for the purpose of retaining, expanding, creating small and historically underutilized businesses and jobs provided by small and historically underutilized businesses; on the development of partnerships with organizations to initiate, enhance or research such projects and programs; and to serve as a focal point to communicate approaches to identify, attract, expand, and retain small and historically underutilized businesses. COMPOSITION: The committee shall consist of nine (9) members for three -year staggered terms. The committee shall be composed of representatives from an organizations that assists small and historically underutilized business, which includes organizations that provide programs and services that facilitate in the attraction, creation, expansion or retention of small and historically underutilized businesses and jobs in Corpus Christi, Local small or historically underutilized business owners, or representatives from businesses that support small and historically underutilized businesses such as banks and real estate agencies. ORIGINAL MEMBERS TERM APPTD. DATE *Carole L. Peterson, Chair 8 -01 -05 2 -15 -05 *Rose M. Gonzalez, Vice Chair 8 -01 -05 2 -15 -05 * *Carmen Arias 8 -01 -05 2 -15 -05 Anita Cadena 8 -01 -06 2 -15 -05 Joe Cisneros, III 8 -01 -07 2 -15 -05 Anne Drier 8 -01 -06 2 -15 -05 Sylvia Ford 8 -01 -07 2 -15 -05 L.C. (Bud) Harris, III 8 -01 -06 2 -15 -05 Lamont Taylor 8 -01 -07 2 -15 -05 *Seeking reappointment * *Not seeking reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Carole L. Peterson 1 1 100% Rose M. Gonzalez 1 1 100% OTHER INDIVIDUALS EXPRESSING INTEREST Gerald W. Brown, Sr. Vice President/Senior Analyst, RSI & Associates, Inc. Activities include: Member of the Institute of Business Evy Coppola Michael A. Garcia Guadalupe J. Gomez Laura Herbert Rick Zamarripa Appraisers, Member of the National Center for Employee Ownership, Nueces County Chapter of the Republican National Party, numerous committees at Second Baptist Church and Wounded Christian Ministries. (02- 25 -05) Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Barrios Association and Yoga Alliance. (4 -21- 05) General Manager, Pete's Chicken -N -More. Received B.S. in Electrical Engineering. Activities include: National Restaurant Association and Texas Restaurant Association. (7- 10 -05) Self- employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3- 10 -05) Insurance Advisor, GSM/Arvak. Activities include: Better Business Bureau, Delta Gamma, and Past President and Current Board member of CBAHU. (2- 21 -05) Director of Business Development, Work -Force 1. Received A.A. from Central Texas College, B.S. from Cameron University and M.A. from Kansas State University. Former member of the Economic Analysis Panel and currently sits on the Texas Workforce Commission's Employment Statistics Committee. (8 -18- 05) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with National Waterworks, Inc., Corpus Christi, Texas for pre - fabricated manholes in accordance with Bid Invitation No. B1- 0102 -05 based on low bid for an estimated annual expenditure of $43,620.00. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Wastewater for FY 05/06. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The pre - fabricated manholes are used to line or replace deteriorated wastewater manholes located throughout the City wastewater system and are also used where new manhole installations are required. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitations Issued: 15 Bid Invitations Received: 2 Price Analysis: Pricing has increased 27% since the last contract of May 2002. The vendor states the increase is due to the rising cost of material, insurance, and labor. Basis of Award: Low Bid: Funding: Wastewater 33400- 4200 - 520130 Michael : arrera Procurement & General Services Manager $43,620.00 • z �O 2 (n Z 0 5 co v Q K z O (7a U a F- S LL U O ED- >. 2 a 0 10 O (:I 0 O Cr) = W - O NJ 0 =ff a O Qua Le I- N Z a w W (NJ 0ODj 4u m Q W HO LI- E z= O D D U D LL▪ O LL 0 N V V V N O CO CO N O (D CO U) (O M co a0 N O oO 1- c0 O N • n r O co cO M 00 In O co I- M O) (MO co O O c0 v) V N h V (O CO N I� f� (n M W (O N CO N c0 7 r I-- O O N '- M V 0 (D I� V N N (.1 (O V .Ti N r (V ((0 69 co eD LO (D r M O O CO 't O 4 O O O (t) (O co I- r O N n M N O W M N O M O • NN (V O N V (O Q) N _ (O h a0 cO W N V3 r r N M (A CO O N r N N r N U z_ J W Y aU • H • X OH F- CC W H (n ce J U W Z(4 ZU O a D < O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0� 0 0 0000000 0 0 0 0 0 0 0 0 N 0 0 0 V (O N V (O f- V to M CO CO O N O) V (O 0) (O V hn (O M M N 7 O (D 0 O CO N N O N O V O V (O cr r N N M M M r r w (A (V N M V (f) N 0 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O • v v v (O C O r O N O 0 CO r N (O N O N 0 (n 1n co r N 7 (!) (0 (CO O r M V (O (a r r r r r r r r r S 2 2 2 2 2 S O 00000 U U aaaaaaaa wwwwwwww 222=1122 U U U U U U U U wwwwwwww N V V 7 a (V r M M M M co co r r DESCRIPTION re cc w w w w F F- W w 2 2 a Q ❑ ❑ N CD d• N N w w J J 0 0 2 2 Z Z Q Q 2 _ 2 C• S2=F -F- F-H 02=21-1-1-F-1- a H H H a a a a a Q F- H H a a a a a J a a a W w w w w J a O- a w w w w w ce000 OOO °oo'00000 wHH I- u_ LHL U_ LHL (HL IHHH LHL LLi.FHL LHL LHL LL V (O co 0 N V (O N CO w w w O V (O CO v (O co O N M <y (O (O n. c0 O r N M 7 (D (D P- W (‚404 04 04 04 N N N (V National Waterworks has deemed their bid "All or None" Z 4 AGENDA MEMORANDUM RECOMMEDATION. Motion approving the lease purchase of one truck mounted excavator from 1Ii -Way Equipment Co.. Houston Texas for the total amount of $243,220.96. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Givernments (HGAC) This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding will be provided by the City's lease purchase financing .o !iliac tor. *9********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** R;ACKGROUN1): Purpose: Award Basis: Price History: Funding: The excavator is used in the repair and maintenance of City streets. It is used in utility cut repairs, base failure repairs and street rework. It is a multifunctional machine that removes existing damaged asphalt from streets, loads the debris into dump trucks. unloads new asphalt from supply trucks and places the asphalt onto the street. This equipment is purchased through the cooperative purchasing agreement with I1GAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Although the equipment will be purchased through Hi -Way Equipment Co., the local dealer, Waukesha Pearce Industries, Corpus Christi, Texas will provide for the delivery and service of the unit. The last purchase of this type was in 1999. The unit price in 1999 was $164,000. Street Services 530190 -1020 -12430 (FY05 -06) $34,962.88 Funding will he provided by the City's Lease purchase financing contractor. The estimated interest rate is 3 %. The actual interest rate will be determined at the time of the delivery of the equipment. The estimated monthly payment is $4,370.36. The total cost of the excavator, including principal of $243,220.96 and interest of $19,000.64, is $262,221.60. ti Michael arrera Procurement & Gen ral Services Manager ITEM "ITY OF CORPUS CHRISTI Price Sheet PURCHASING DIVISION BI- 0008 -06 BUYER - Michael Barrera Excavator DESCRIPTION QTY. UNIT Hi -Way Equipment Co. Houston, Texas Unit Extended Price Price 1 Truck Mounted Excavator 1 Each Total $243,220.96 $243,220.96 $243,220.96 5 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the lease purchase of an asphalt paver from Anderson Machinery, Corpus Christi, Texas for the total amount of $83,465. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments HtiAC). This unit is purchased for the Street Services Division and is a replacement to the fleet. funding will he provided by the City's lease purchase financing contractor. * 1************ * * * * * * * * * * * * * * * * * * * * * * * * * * *** ** ** * * * * ** * * * * * * * * * * * * * * * * * * * * * * * ** RACKGROl END. Purpose Avv and Basis: The asphalt paver is used to lay down hot mix asphalt onto City streets. This equipment is purchased through the cooperative purchasing agreement with !MAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Anderson Machinery will be the delivery and service dealer for this equipment. Prior Purchase: The last purchase of this type of equipment was in 1991. Funding: Street Services 530190- 1020 -12430 (FY05 -06) $11,998.08 Funding will be provided by the City's Lease purchase financing contractor. The estimated interest rate is 3 %. The actual interest rate will be determined at the time of the delivery of the equipment. The estimated monthly payment is 51,499.76. The total cost of the excavator, including principal of $83,465 and interest of $6,520.60. is $89,985.60. 4 Mic ae ' arrera Procurement & general Services Manager ITEM •j:I[Y OF CORPUS CHRISTI Price Sheet PURCHASING DIVISION BI- 0009 -06 BUYER - Michael Barrera Asphalt Paver DESCRIPTION QTY UNIT Anderson Machinery Corpus Christi, Texas Unit Extended Price Price 1 Asphalt Paver 1 Each $83,465.00 $83,465.00 Total $83,465.00 6 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of two (2) automated side - loading refuse trucks from Rush Truck Center of Houston, Texas in the amount of $393,652.00. The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These trucks are replacements to the fleet and will be used y Solid Waste Services. Financing will be provided through the City's Lease- purchase program. *_******************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Rases of Award: Price Comparison: 1 unding: These refuse trucks will replace rear loader refuse trucks and will be used by Solid Waste Services as part of the City -wide automated collection process. The local manufacturer dealer will provide warranty support service. These refuse trucks will be purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. The City lease- purchased six similar refuse trucks in 2004 with a unit price of $165,089.00. The current unit price is $196,826.00. The increase is due to higher steel costs and the addition of options necessary to meet the department's needs. These refuse trucks will be funded through the City's lease - purchase financing agreement for a sixty -month period. The estimated interest rate is 3.0 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $84,880.92. Total estimated cost over the sixty -month period, including principal of $393,652.00 and interest of $30,752.60, is $424,404.60. The refuse trucks are scheduled to be delivered to the City by December 01, 2005. The amount of funds shown below is for the remainder of FY 05 -06, beginning December 2005. Funds will be requested by Solid Waste Services for FY 06 -07 and all subsequent budget years. Solid Waste Services 1020-12510-530190 FY 05 -06 Micha •.rrera Procurement & Gener,. Services Manager $56,587.28 CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI- 0005 -06 BUYER - PAUL J. PIERCE Automated Side - Loading Refuse Trucks ITEM DESCRIPTION QTY. UNIT Rush Truck Center HOUSTON, TX Unit Extended Price Price 2005 Peterbilt 320 Chassis with 1 2841 Autoreach Packer Body 2 Truck Total $196 826.00 $393,652.00 $393,652.00 7 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Item A: Resolution authorizing the City Manager, or designee, to accept a grant from the State of Texas, Office of Governor, Criminal Justice Division in the amount of $12,413 for the juvenile accountability incentive block grant program to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders, with a city match of $1,379 in the No. 1020 General Fund, and a total project cost of $13,792 Item B: Ordinance appropriating $12,413 from State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1061 Police Grant Fund for eligible funding under the juvenile accountability incentive block grant program to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders; transferring $1,379 from the no. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant matching funds; and declaring an emergency. ISSUE: The Governor's Criminal Justice Division is awarding a Juvenile Accountability Block Grant funds to local units of government to promote greater accountability in the juvenile justice system. REQUIRED COUNCIL ACTION: City Council must accept the Grant and appropriate the funds. PREVIOUS COUNCIL ACTION: City Council approved submission of the Grant application on March 29, 2005. FUNDING: The grant funds may not exceed 90% of the total program and participation requires a 10% cash match of $1,379 to be provided from the Municipal Court Judicial Budget. RECOMMENDATION: Staff recommends approval of the resolution and ordinance to accept and appropriate the grant. T! Judge Rodolt Corpus Chris amez, Presid udge unicipal Cou S T A T E O F T E X A S OFFICE OF THE GOVERNOR CRIMINAL JUSTICIF DIVISION KICK PERRY GOVERNOR July 29, 2005 Mr. George Noe City Manager Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469 Dear Mr. Noe: I am pleased to inform you that Governor Rick Perry has approved your application for award. This year, the Governor's Criminal Justice Division (CJD) has streamlined the grant award notice procedure. The enclosed Grant Award Packet, which contains the Statement of Grant Award, Special Conditions and Requirements, Approved Budget Detail, and Grantee Acceptance Notice, represent your official notice of grant award. In order to accept your agency's grant, the Authorized Official must complete, verify, and sign the Grantee Acceptance Notice, then fax it to CJD at (512) 475 -2440 within 45 days of the issue date. Once the grant is properly accepted and all conditions of funding have been met, grantees may request reimbursement for expenditures obligated during the grant period by completing a Request for Funds form and submitting it to CJD. CJD will also email Expenditure Reports to the financial officer or a designated alternate financial contact person at the end of each calendar quarter. The reports are due back to CID by the date specified on the report. The Public Policy Research Institute (PPRI) at Texas A &M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. The Governor's website, http: / /www. governor. state.tx.us /divisions /cjd, provides general information needed to properly administer CJD grants and offers links to CJD documents, forms and resources such as: - Texas Administrative Code (TAC) - Uniform Grant Management Standards (UGMS) - Office of Justice Programs (OJP) Financial Guide — Not applicable to grants awarded through the Crime Stoppers Assistance Funds, Safe and Drug -Free Schools and Communities Act, State Criminal Justice Planning Fund, and State Drug Court Program. - U.S. Department of Education Administrative Regulation (EDGAR) — Applies to Safe and Drug -Free Schools and Communities Act grants only - Federal and state agency home pages - Grant program descriptions and funding information - Regional Councils of Governments contact information - CJD Request for Funds Form, Expenditure Report Instructions and other important information CID looks forward to working with you to ensure the success of your program. Sincerely, Ken Nicolas CalifLem Executive Director POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 (512) 463 -1919 (VOICE) / (512)475-3165 (TDD) GRANT AWARD PACKET This award packet is the authorized official's notification that the grant described below has been awarded by the Governor. The initial acceptance process Is complete once the 'Grantee Acceptance Notice' has been completed, signed and returned to the Criminal Justice Division (CJD). A grantee may not expend CJD funds awarded until this notice is approved by CJD. Please do not change the preprinted information on any of the enclosed forms within the' Grant Award Packet'. Part I: Statement of Grant Award The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded (as listed below). Grant Number: JB- 04- J20- 13299 -07 CJD Award: $12,413 Grantee Name: Corpus Christi, City of Grantee Cash Match: $1,379 Project Title: Municipal Juvenile Court Grantee In Kind Match: $0 Grant Period: 08/01/2005 - 07/31/2006 Total Project Cost: $13,792 Program Fund: JB- Juvenile Accountability Block Grant Program Date Awarded: 7/29/2005 Region: Coastal Bend Council of Govemments Date Issued: 7/29/2005 Part II: Special Conditions and Requirements By signing and submitting the' Grantee Acceptance Notice' to CJD, the grantee accepts the responsibility for the grant project and agrees with the conditions of grant funding as stated below. The grantee's funds shall be placed on hold until the grantee has satisfied the requirements of the special conditions and requirements, if any, cited below: Single Audit Review Required: Entities that expend $500,000 or more in a year in Federal or State awards shall have a single audit conducted in accordance with OMB A -133 and /or UGMS, Single Audit Circular. Resolution : Please submit a revised Resolution that contains the following language: "...in the event of loss or misuse of grant funds, the governing body will return all funds to CJD." CJD Contact Gilchrist, Rhonda Page 2 of 4 Part III: Approved Budget Detail The approved budget is reflected below. For more detailed information regarding the administration of these funds, please reference the Texas Administrative Code, Subchapter B. General Grant Program Policies, and Subchapter E. Administering Grants. CJD Cash Match In Kind TOTAL A. Personnel: $0 $0 $0 $0 8. Contractual: $12,413 $1,379 $0 $13,792 C. Travel: $0 $0 $0 $0 D. Equipment: $0 $0 $0 $0 E. Construction: $0 $0 $0 $0 F. Supplies: $0 $0 $0 $0 G. Indirect: $0 $0 $0 $0 Total: $12,413 $1,379 $0 $13,792 Budget Detail: B. Juvenile Court Staff ; CJD Funds $12413 ; Cash Match $1379; In -Kind $0 ; Line Total: $13792 Total: $13792 CJD Contact: Gilchrist, Rhonda Page 3 0/4 Part IV: Grantee Acceptance Notice Grant Number: Grantee Name: Project Title: JB -04-J20-13299-07 Corpus Christi, City of Municipal Juvenile Court CJD Award: $12,413 Grant Period: 08/012005 - 07/31/2006 Program Fund: JB -Juvenile Accountability Block Grant Program This Acceptance Notice must be signed by the authorized official named on the grant and retumed to the Criminal Justice Division (CJD) by September 12, 2005. 1. I certify that I am authorized by the applicable goveming body to accept, decline, alter, or terminate this grant on behalf of the grantee. 2. If the grantee is not a state agency and the current authorized official is not accounted for in the resolution on rile at CJD, I certify that a new resolution has been included with the acceptance of this grant or will be submitted prior to the collection of grant funds. 3. I agree to the terms of the grant on behalf of the grantee, including Title 1, Part 1, Chapter 3, Texas Administrative Code and the adoptions by reference therein. 4. I understand that the grantee is obligated to provide applicable match, as required by the terns of the grant. 5. I understand that a violation of any term of the grant may result in CJD placing a temporary hold on grant funds, permanently de - obligating all or part of the grant funds, requiring reimbursement for funds already spent, and/or baning the grantee from receiving future CJD grant funds. 6. I understand that grant funds may be withheld until all special conditions placed on this grant are satisfied. 7. I understand that each grant official position must be occupied by a different individual. 8. 1 understand that any of the three grant officials may request adjustments to the grant. 9. I understand that CJD must be notified in writing of any grant official change, which must include a sample signature of the new grant official The authorized official for this grant must indicate agreement by signing the Acceptance Notice. The grantee will not he eligible for any grant funds until this notice is executed and returned to CJD. Signature of Authorized Official Date Verification of Information and Sample Signatures: -he grantee must verify all of the grant official's identifying information as listed below. If the information for any of the three officials is incorrect, complete the 'Designation of Grant Officials Change Form' found at http:/Miww.govemor.state.tx.us, and return to CJD. YES Select YES if the all of the information below is correct, sign, and return to CJD. NO Select NO if any of the information below is incorrect, use the 'Designation of Grant Officials Change Form' to notify CJD of the updated information ONLY, sign. and return both completed forms to CJD. Authorized Official Name: Mr. George Noe Position: Address: Post Office Box 9277 City/St/Zip: Phone: (361)880-3222 Fax: (361)880-3839 Email: Project Director Name: Address: Phone: The Honorable Deanie King 226 Enterprise Parkway, Suite 103 1361) 826-4010 Fax: City Manager Corpus Christi, Texas 78469 geomen(d)cctexas.com Position: Judge City/SVZip: Corpus Christi, Texas 78405 Email: dean1eKc cctexas com Signature of Project Director Date Financial Officer——--—-- — ------------------------- Name: Address Phone: Ms. Constance P. Sanchez Post Office Box 9277, 1361)880-3610 Fax: Position: City/St/Zip: j361) 880-3601 Email: Signature of Financial Officer GJD Contact: Gilchrist, Rhonda Assistant Finance Director Coreus Christi., Texas 78469-9277 constanceprwcctexas.com Date Page 4 of 4 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE STATE OF TEXAS, OFFICE OF GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF $12,413 FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM TO REDUCE JUVENILE DELINQUENCY, IMPROVE THE JUVENILE JUSTICE SYSTEM, AND INCREASE ACCOUNTABILITY OF JUVENILE OFFENDERS, WITH A CITY MATCH OF $1,379 IN THE NO. 1020 GENERAL FUND, AND A TOTAL PROJECT COST OF $13,792 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to accept a grant from the State of Texas, Office of the Governor, Criminal Justice Division, in the amount of $12,413 for the Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders. The City match for this grant is $1,379 in the No. 1020 General Fund, for a total project costs of $13,792. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these grant funds, the City of Corpus Christi will return all funds to the State of Texas, Office of the Governor, Criminal Justice Division. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 9, 2005 7 Lisa Aguilar iJ Assistant City Attorney For City Attorney Henry Garrett Mayor ORDINANCE APPROPRIATING $12,413 FROM STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANT FUND FOR ELIGIBLE FUNDING UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM TO REDUCE JUVENILE DELINQUENCY, IMPROVE THE JUVENILE JUSTICE SYSTEM, AND INCREASE ACCOUNTABILITY OF JUVENILE OFFENDERS; TRANSFERRING $1,379 FROM THE NO. 1020 GENERAL FUND AND APPROPRIATING IT IN THE NO. 1061 POLICE GRANT FUND AS GRANT MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $12,413 from the State of Texas, Office of the Governor, Criminal Justice Division, is appropriated in the No. 1061 Police Grant Fund for eligible funding under the juvenile accountability incentive block grant program to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders. SECTION 2. That $1,379 is transferred from the No. 1020 General Fund and appropriated in the No. 1061 Police Grant Funds as matching grant funds. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 17, 2005 Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/23/05 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept funding in the amount of $7,000 from the Texas Department of Transportation for the purchase of traffic safety- related equipment for the Police Department. 8. Ordinance appropriating $7,000 from the Texas Department of Transportation in the FY 0506 Police General Fund budget. ISSUE: The Police Department has received a $7,000 incentive award from TXDOT for participation in the May 2005 Click It or Ticket mobilization. BACKGROUND: TXDOT is giving various incentive awards across the State for performance in the recent May 2005 Click It or Ticket mobilization. The funds will be used to purchase traffic radar equipment for use by the Police Department. REQUIRED COUNCIL ACTION: Approval to appropriate the funds. CONCLUSION AND RECOMMENDATION: Appropriation of funds. P. Ivarez, Jr. Chief of Police Attachments: ✓ Award document ir Texas Department of Transportation P.O. BOX 9907 • CORPUS CHRISTI, TEXAS 78469-9907 • (361) 808-2300 July 27, 2005 Chief Pedro "Pete" Alvarez Portland Police Department PO Box 9016 Corpus Christi, Texas 78469 RE: "Click It or Ticket" Incentive Award Dear Chief Alvarez: Congratulations on your agency being selected to receive a $7,000.00 incentive award for your participation in the May 2005 "Click it or Ticket" mobilization. The incentive award may be used to reimburse the actual costs incurred for traffic safety-related items, to include computer equipment, radar systems, in -car video systems, laser speed control units, or other items that contribute directly to your department's efforts to improve traffic safety in the community. Please complete the attached Letter of Agreement and Purchase Request Form and return immediately to our office at the following address: Mr. Bill Strawn Traffic Safety Specialist PO Box 9907 Corpus Christi, Texas 78416 Upon review and approval of your Purchase Request Form, we will execute the Letter of Agreement and return signed copies of both documents to you. Upon receipt of the executed LOA and purchase request from TxDOT, you will have until September 30, 2005 to make the purchases. Please provide Mr. Strawn an original invoice within 30 days of purchase. TxDOT will reimburse the community for your actual expenses within 30 days of receipt of the invoice. An Equal Opportunity Employer Chief Pedro "Pete" Alvarez July 27, 2005 Thank you for your support during the mobilization, and we look forward to working with you in the future. We are providing the Purchase Request Form and the Inventory Identification Form in electronic format to aid you in completing them accurately. If you have any questions, please contact Mr. Strawn at 361-808-2205. Sincerely, / Ismael C. Soto, P.E. Director of Transportation Operations Attachment cc: Craig Clark, P.E., District Engineer Corpus Christi District Letter of Agreement (FY 2005 Click It or Ticket Incentive Project) TxDOT Contract Number: 585XXF6194 TxDOT Charge Number: 050404B 1 DH TIRS LETTER OF AGREEMENT (LOA) is made pursuant to the FY 2005 Click it or Ticket Incentive Project random drawing by and between the Texas Department of Transportation (TxDOT) and the City of Corpus Christi, Texas to formalize their agreement concerning the purchase and reimbursement for traffic safety equipment and/or training- It n understood and agreed upon by both parties that the following conditions and/or responsibilities must be followed: City of Corpus Christi Conditions / Responsibilities: • The City of Corpus Christi has been selected to receive up to $7,000.00 in reimbursement funds for the purchase of traffic safety equipment and/or training. • The City of Cot -pus Christi must notify TxDOT in writing of their intent to purchase traffic safety equipment and/or training and to describe said equipment and/or training on the Purchase Request Form prior to making the purchase. • The City of Corpus Christi must receive written approval from TxDOT authorizing them to make the purchase. No purchases may be made before receiving written authorization. • The City of Corpus Christi must make the purchase no later than September 30, 2005. • The City of Corpus Christi must submit an invoice to TxDOT no later than thirty (30) days of the purchase date. The invoice must include: (1) description of the item(s) purchased, (2) cost of each item(s) purchased, (3) date of purchase, (4) TxDOT contract and charge numbers, (5) payee name and address, and (6) payee ID number. • The City of Corpus Christi must complete the inventory identification form and submit it to TxDOT no later than thirty (30) days from the date of purchase. The inventory identification form must have all of the information on the form completed. Information such as the serial number, local inventory number and contact information for the agency property manager is required. • The City of Corpus Christi must ensure the equipment and/or training is used for traffic safety activities. • The City of Corpus Christi must complete Form 1865 Certification of Existence and Condition for Traffic Safety Program Inventory Form and submit to the TxDOT Traffic Safety Policy and Procedure Coordinator on an annual basis. • The City of Corpus Christi must maintain and inventory the equipment as per their internal inventory procedures. TxDOT Conditions / Responsibilities: • TxDOT will reimburse the actual cost of the equipment itcm(s) and/or training up to $7,000.00. • TxDOT will exercise good faith to make the reimbursement within thirty (30) days of receipt of a properly prepared invoice. • TxDOT Traffic Safety Policy and Procedure Coordinator will be responsible for sending Form 1865 Certification of Existence and Condition for Traffic Safety Program Inventory to the agency on an annual basis. TxDOT and the City of Corpus Christi signify their acceptance of this letter of agreement by signing below. Each signature is a certification that the person signing below has the authority to enter into the agreement on behalf of the agency. ._ For City of C us Christi ,mss Signator George K. Noe, City Manager Typed/Printed Name and Title 19/6r For Texas Department of Transportation Signature (D.E. or designee) Typed/Printed Name and Title Date Date Purchase Request Form Texas Department of Transportation FY 2005 Click It or Ticket Incentive Project 1. Item s Rei uested Radars - 2 laser, 1 stationary 2. Total Cost $7,000 3. If not on the approved Equipment/Training list, describe how the item(s) will benefit traffic safety in your community. If training is being requested list date(s) of traininl. i 't Signature (Authorized Agpcy / Community Official) Cllvei of P02.lc€ , /9 74/0tIrk 07?, Printed Name and Title Date Complete and submit this form to the TxDOT District Traffic Safety Specialist for approval Approved FOR TXDOT USE ONLY Not Approved Signature (District Engineer or designee) Printed Name and Title Date 29/Jui/Z119S 12:58 PT FRAN: ks KUSTOM SIGNALS, INC A SISSIDiARY OF PUBLIC SAFETY EQUIPMENT. INC 9575 Phew; Lenesa KS 6S215-417 913492-1400 Fa[ 1113492-1705 salesakusbmslwnals.c.ocn www.kustomsignals.com Date 07/29/2005 To... CAPT MCDONALD CORPUS CHRISTI POLICE DEPT 321 JOHN SARTALN CORPUS CHRISTI TX 78401 19134921498 T0: CAPT MCDONALD PAGE: 602 Quotation Quote # 161798369810027 Terms Net 30 This Quote Expires on 1027/2005 Phone 361486-2600 Fax 361-886-2599 Page 1of1 Qty Product Description 2 PROLASER III WITH BATTERY HANDLE, CHARGER, CORDED HANDLE & CARRYING CASE 2 PROLASER III BATTERY MODULE 1 TALON II STATIONARY, CORDED HANDLE, FASTEST VEHICLE MODE & CARRYING CASE 3 SHIPPING & HANDLING INCLUDED OPTION NOT INCLUDED IN ABOVE PRICING: UPGRADE 1111. TALON TO A "MOVING/STATIONARY" RADAR UnitPrice SubTotal 52,895.00 55,790.00 5100.00 $200.00 51,000.00 51,000.00 50.00 50.00 5195.00 50.00 Signature Title Total Hayden Knott 9325 Pflumnl Rd Lenexa KS 66215 Tug Fite 800-4KUSTOM (800-458-7866) 56,990.00 ORDINANCE APPROPRIATING $7,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE FY05-06 POLICE GENERAL FUND BUDGET FOR THE PURCHASE OF TRAFFIC SAFETY-RELATED EQUIPMENT FOR THE CORPUS CHRISTI POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $7,000 from the Texas Department of Transportation is appropriated in the FY05-06 Police General Fund Budget for the purchase of traffic safety-related equipment, namely, RADAR equipment for the Corpus Christi Police Department; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action 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 CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Legal F9rrr Approved 4005; ndy A. Stoneroad Assistant City Attomey 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 ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/23/05 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $122,792 from the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed enforcement and to execute all related documents. 6. Ordinance appropriating $122,792 from the Texas Department of Transportation for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: The State of Texas, Department of Transportation is providing funding to continue the overtime Driving While Intoxicated and Speed enforcement grants in the Police Department. BACKGROUND INFORMATION: The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the City providing $26,906 for fringe benefits (State will not cover retirement costs on overtime) and $13,920 for mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: TXDOT grant agreement C15w P. Alvare Chief of Po ORDINANCE APPROPRIATING $122,792 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE No. 1061 POLICE GRANTS FUND FOR FUNDING OF A COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) FOR DWI ENFORCEMENT OVERTIME AND SPEED ENFORCEMENT OVERTIME WITHIN THE CORPUS CHRISTI POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $122,792 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of a Comprehensive Selective Traffic Enforcement Project (STEP) for DWI enforcement overtime and Speed enforcement overtime within the Corpus Christi Police Department and executing all related documents; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action 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 CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Legal Form Approved �� �4 a , 2005; Rar(dy A. Stoneroad Assistant City Attomey 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 ordinance to be considered and voted upon at two regular meetings. Therefore, liwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott — For TrDOT Use Only — � ® Federal Pass Through Misc. Contract Number: ,3 )G %XX FS� nQO/ Grant Funds CFDA #20.60_ Charge Number: Gla 07 CV 2 %n ❑ State Grant Funds Project Year: 2006 PIN (14 characters only): 17460005741000 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and City of Corpus Christi hereinafter called the Subgrantee, and becomes ‘fteutive when fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n): ❑ State Agency ❑ Non -Profit Organization ® Unit of Local Government ❑ Educational Institution El Other (describe): AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2006. Project Title: STEP - Comprehensive Brief Project Description: Reduce the number of motor vehicle crashes, injuries and fatalities due to speed and DWI. Grant Period: The Grant becomes effective on 10/01/2005 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2006 unless terminated or otherwise modified. Maximum Amount Eligible for Reimbursement: $122 792. The following attachments are incorporated as indicated as a part of the Grant Agreement: • Attachment A, Mailing Addresses ■ Attachment B, General Terms and Conditions (TxDOT Form 1854) ■ Attachment C, Project Description (TxDOT Form 2076) • Attachment D, Action Plan (TxDOT Form 1852) ■ Attachment E, Project Budget (TxDOT Form 2077 or 2077 -LE) ® Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Project Title: STEP - Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement an behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant -related documents other than the Grant Agreement or Grant Agreement amendments. These other grant -related documents will include, but not be limited to, the following: performance reports, final performance report and administrative evaluation report, Requests For Reimbursement (RFRs), and routine correspondence THE SUBGRANTEE City of Corpus Christi [Legal Name of Agency] By [Authorized Signature] George K. Noe [Name] City Manager [Tide] Date: Under authority of Ordinance or Resolution Number (for local governments): THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission. By District Engineer Texas Department of Transportation [Name] [Title] Date: By Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.) Date: Project Title: STEP - Comprehensive Mailing Addresses Attachment A For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee (Project Director): Name: P. Alvarez, Jr. Title: Chief of Police Organization: Corpus Christi Police Department Address: P. O. Box 9016 Corpus Christi, Texas 78469 Phone: 361-886-2604 Fax: 361-886-2607 E-mail: palvarez@octexas.com Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an amendment to the Grant Agreement. However the Subgrantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For Texas Department of Transportation: Name: Title: Organization: Address: Phone: Fax: E-mail: Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi Tens Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; 0M13 Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR., Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi H It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requicenrcets of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purwhace of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance %r construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department 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 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget, Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Cornus Christi specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B All payments will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overnm must be off -set by an equivalent undernm elsewhere in the Project Budget. If the overrun is five (5) percent or Tess, the Subgrantee must provide written notification to the Department prior to the Request for Reimbursement being approved. This notification must be in the form of an attachment to the Request for Reimbursement that covers the period of the overnm. This attachment must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In Attachment E of the Grant Agreement, Traffic Safety Project Budget (Form 2077 -LE), Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed m Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun fimds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun funds from Budget Categories II or III. C To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E, Traffic Safety Project Budget, within the time frame specified in the Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Ay,, w.uent, and which has been completed in a manner satisfactory and acceptable to the Department. D Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period, which is specified on page 1 of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilving the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the aid of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. For short-tenn projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underuns, overruns, or high unit costs. The Subgrantee shall submit the Final Performance and Administrative Evaluation Report electronically within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govem. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. Attachment 13 Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi ARTICLE 11. TERMINATION This As t ement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the sty and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, 1 ural Governments, and Other Non -Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts chall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Abr,.cruent. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business Attachment 13 Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee wan -ants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee. or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, clan immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to per fu, in the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property famished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: Attachment B Project Title: STEP - Comprehensive Subgrantee: Citv of Corpus Christi • 49 CFR, Part 18, "Unifomr Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -I 10), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (mcluding copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself; its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Deparhnent. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi C Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to famish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Attachment B Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: I . Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2 Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. 13 Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C The Subgrantee is prohibited fwtn making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D_ The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall Attachment B Project Title: STEP - Comprehensive Subgrantee: Citv of Corpus Christi complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (' The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http /hers\\.dot.statc.tx.us/cso/default.htm. Attachment C Project Title: STEP — Comprehensive Name of Subgrantee: City of Corpus Christi Traffic Safety Project Description I. BASELINE INFORMATION & OBJECTIVES BASELINE INFORMATION: Baseline Definition: A number serving as a foundation for subgrantees to measure pre - grant traffic enforcement activity. Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related activity. This information should exclude any activity generated with STEP grant dollars. Once the baseline is established, these figures will be used to compare subsequent year's local and grant traffic enforcement activity. Note: Baseline data used must be no older than 2001 data. Baseline Year (12 months: 10/2002 through 09/2003) Baseline Measure Baseline Number A. Number of speed -related crashes 3,198 B. Number of speed citations 13,124 C. Number of alcohol-related crashes 202 D. Number of Driving While Intoxicated (DWI) arrests 590 E. Number of safety belt citations 825 F. Number of child safety seat citations 763 G. Number of crashes occurring at intersections N/A H. Number of Intersection Traffic Control (ITC) citations N/A The following measures were established by Subgrantee surveys: Measure Percentage Month/Year of Survey Percentage of speed compliance 35% 08/2004 Percentage of safety belt usage N/A N/A Note: Speed and Occupant Protection sites must be justified by surveys conducted 12 months prior to the start of the grant or sooner. OBJECTIVES: The Objectives of this grant are to accomplish the following by September 30, 2006: Traffic Safety Project Description Page 1 of 5 TxDOT Form 2076-cmp (Rev: 7/7/2005) Objectives/Performance Measures Target Number A. Number and type citations/arrests to be issued under STEP 1. Increase speed citations by 5,616 2. Increase DWI arrests by 185 3. Increase safety belt citations by N/A 4. Increase child safety seat citations by N/A 5. Increase ITC citations by N/A Traffic Safety Project Description Page 1 of 5 TxDOT Form 2076-cmp (Rev: 7/7/2005) Attachment C Project Title: STEP - Comprehensive Subgrantee: City of Corpus Christi 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 Subgrantee'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. Traffic Safety Project Description Page 2 of 5 TxDOT Form 2076-cmp (Rev: 7/7/2005) Objectives/Performance Measures Target Number B. Number of STEP enforcement hours to be worked 3,150 C Subgrantee total number of traffic related crashes 1. Reduce the number of speed -related crashes to 3,038 2. Reduce the number of alcohol-related crashes to 190 3. Reduce the number of ITC -related crashes to N/A D. Increase the speed compliance rate to 40% E. Increase the safety belt usage rate among drivers and front seat passengers to N/A F. Complete administrative and general grant requirements as defined in the Action Plan, Attachment D. 1. Submit the following number of Performance Reports, including the Final Performance Report and Administrative Evaluation Report. 12 2. Submit the following number of Requests for Reimbursement 12 G. Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D. 1. Conduct a minimum of four (4) presentations. 4 2. Conduct a minimum of four (4) media exposures (e.g., news conferences, news releases, and interviews). 4 3. Conduct a minimum of two (2) community events (e.g., health fairs, booths). 2 4. Produce the following number of public information and education materials if applicable. N/A 5. Distribute the following number of public information and education materials if applicable. Materials to be supplied by TXDOT. 3,800 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 Subgrantee'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. Traffic Safety Project Description Page 2 of 5 TxDOT Form 2076-cmp (Rev: 7/7/2005) Project Title: STEP — Comprehensive Subgrantee: City of Corpus Christi Attachment C IL RESPONSIBILITIES OF THE SUBGRANTEE: A. Carey out the objectives and performance 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 times, as defined in Article 3 and Article 7 of the General Terms 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. Inaccurate documents will delay any related Requests for Reimbursement. The Subgrantee must enter all Performance and Annex Report data into the Buckle Up Texas Website (www.buckleuptexas.com) prior to submission of the hard copy reports to the Department. Printed versions of the Website reports are acceptable versions for hard copy submissions. D. A Final Performance and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted to the Department electronically via the Buckle Up Texas Website no later than thirty (30) days after the grant ending date. E. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department, as indicated in the Action Plan, to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. F. 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 the Traffic Safety Program Manual regarding PI&E procedures. The manual is located at http://manuals.dot.state.tx.us/dynaweb/coltraff/tfc. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district -managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. Traffic Safety Project Description Page 3 of 5 TxDOT Form 2076-cmp (Rev: 7/7/2005) Attachment C Project Title: STEP — Comprehensive Subgrantee: City of Corpus Christi J. 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. K Carry out the objectives of this grant by implementing the Operational Plan, Attachment F of this Grant Agreement. L. Ensure that each officer working on the STEP project will complete an officer's daily report foam. The form should include: name, date, badge or identification number, type of grant worked, grant site number, mileage (if applicable) (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. M. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty. N. Support grant enforcement efforts with public information and education (PI&E). Salaries being claimed for PI&E activities must be included in the budget. O Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. P. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. Q. If an officer makes a STEP -related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. R. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. S. At the time the signatory for the Subgrantee signs the Grant Agreement, provide a letter to the Department from the enforcement agency head, training officer, or authorized individual certifying that the officers working DWI enforcement are, or will be, trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of 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 for contacting and using drug recognition experts (DREs) when necessary. U. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. V. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. Traffic Safety Project Description Page 4 of 5 TxDOT Form 2076-cmp (Rev: 7/7/2005) Attachment C Project Title: STEP — Comprehensive Subgrantee: City of Corpus Christi III. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant 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 Subgrantee 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 close of the grant period to include a review of adherence to the Action Plan, Attachment D of this Grant Agreement and the Traffic Safety Project Budget, Attachment E, and attainment of project objectives. Traffic Safety Project Description Page 5 of 5 TxDOT Form 2076-cmp (Rev: 7/7/2005) Attachment D J EL 01 zo Q PROJECT MONTH o z U O a a a CO a aaa O. a a MYIJNJJL n a a a did n a n a O. i a a n a a a n W LL a a a Q. a n W O a a a a s Z an O. n 0 a a a a RESPONSIBLE Subgrantee Subgrantee m E t n o Subgrantee - I Subgrantee Subgrantee JSubgrantee Subgrantee Subgrantee 8 Dept. m E t O. 0 Subgrantee ACTIVITY 11. Submit letter regarding signature authority. 2. Submit operational cost per vehicle mile (If applicable). Hold Grant delivery meeting. - 4. Attend TxDOT Project Management Course A. Conduct enforcement efforts A. Submit Performance Reports. 7, Submit Requests for Reimbursement. - 8. Submit Final Performance Report and Administrative Evaluation Report. 19. Hold Grant progress review meeting. —� 10. Conduct on-site monitoring visit. 111. Submit documentation of any grant -required training (if L applicable) Attachment D .? ci to 11 -0 m c ala ao c m > }o -3m W u un au A E PROJECT MONTH OCINODEJAIFEIMRAPIMY JN JLjAU SE OCINO, t CL I d d 1 dd d d l a t a a — n_ a a a CL. aa a a a 11- a a- a aaa as a zz a a a a RESPONSIBLE Subgrantee (Subgrantee Subgrantee 7I Department Subgrantee Subgrantee Subgrantee E Subgrantee Subgrantee Modify these activities as appropriate: ACTIVITY 11. Determine types of materials needed. 1 2. Develop proposed materials. 13. Submit proposed materials and the PI&E plan to the 1 Department for approval. i a) a a Q 5. Distribute materials. 6. Maintain records of all PI & E material received/distributed. 7. Conduct presentations. 16. Conduct media exposures (e.g., news conferences, news 1 releases, and interviews) t. Conduct community events (e.g., health fairs, booths). Attachment E Traffic Safety Project Budget Forrn 2077 -LE (rev. 8/12/2004) + `� Paget of 2 (for Law Enforcement Projects) Project Title: STEP - Comprehensive Name of Subgrantee: City of Corpus Christi Fiscal Year: 2006 (Round figures to nearest dollar) ❑ Check here if this is a revised budget. Other/ Date Revised: TiDOT State/local TOTAL Budget Category I — Labor Costs (100) Salaries ® Overtime or ❑ Regular Time Salary rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary rate. List details: A. Enforcement (overtime) 1. Officers/Deputies: 3,150.00 hrs. @ S35_00 per hr. 110,037 213 110,250 2. Sergeants: brs. @ S per hr. 0 3. Lieutenants: hrs. @ S_ per hr. 0 B. PI&E Activities (overtime) See Grant Instructions. 150.00 hrs. @ $35_00 per hr. 5,110 140 5,250 C. Other (i.e., overtime stag supervisory support, conducting surveys) See Grant Instructions. Specify: Administrative paperwork and breathiest operators 195.00 hrs. @ S32_46 per hr. 6,190 140 6,330 Total Salaries 121,337 493 121,830 (200) Fringe Benefits* Specify fringe rates: A. Overtime: 21_68% 26,413 26,413 B. Part -Time: % 0 C. Regular Time: % 0 Total Fringe Benefits 0 26,413 26,413 I. Total Labor Costs (100 + 200) 121,337 26,906 148,243 * Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Dien (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) Attachment E TxDOT Form 2077 -LE (rev_ 8/122004) Protect Title: STEP - Comprehensive Page 2 of 2 Subgrantee: City of Corpus Christi Fiscal Year: 2006 (Round figures to nearest dollar) ❑ Check here if this is a revised budget. Other/ Date Revised: TiDOT State/Local TOTAL Budget Category 11— Other Direct Costs (300) Travel* Reimbursements will be in accordance with Subgrantee's travel policy. Subgrantee must bill for actual travel expenses — not to exceed the limits reimbursable under state law. A. Travel and Per Diem (includes conferences, training workshops, and other nonenforcement travel) 1,455 1,455 B. Subgrantee Enforcement Vehicle Mileage: Rates used only for budget estimate. Reimbursement will be made according to the approved subgrantee's average cost per mile to operate patrol vehicles, not to exceed the applicable state mileage reimbursement rate as established by the Legislature in the travel provisions of the General Appropriations Act Documentation of cost per mile is required prior to reimbursement 24 000.00 miles @ $0.5800 per mile 13,920 13,920 Total Travel 1,455 13,920 15,375 (400) Equipment* 0 (500) Supplies* 0 (600) Contractual Services* 0 (700) Other Miscellaneous* A. Registration fees (training, workshops, conferences, eta) 0 B. Public information & education (PI&E) materials 0 1. F4i.rational items = S_ (eg.: brochures, bumper stickers, posters, fliers, etc.) 2. Promotional items = S_ (eg.: key chains, magnets, pencils, pens, mugs, etc.) C. Other 0 Total Other Miscellaneous 0 0 0 11 Total Other Direct Costs (300 + 400 + 500 + 600 + 700) 1,455 13,920 15,375 Budget Category III — Indirect Costs (800) Indirect Cost Rate* (at %) 0 Summary: 121,337 26,906 148,243 Total Other Direct Costs 1,455 13,920 15,375 Total Indirect Costs„ 0 0 0 Grand Total (1+11+111) 122,792 40,826 163,618 Fund Sources (Percent Share) 75.05% 24.95% * Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) Project Title: STEP — Comprehensive FY 2006 Name of Subgrantee: City of Cornus Christi Budget Detail (100) Salaries H ENFORCEMENT (overtime) 21.68% Federal Funds Local/State Funds Total 1. Officers: 3,150 hours Lodging $ 80 © $ 35.00 per hour" = $ 110,250 § 110,037 $ 213 $ 110,250 2. Se eants 0 hours $ - $ - $0.00 per hour = $ - $ - $ - $ - 3. Lieutenants: 0 hours $ - © $0.00 per hour = $ - $ - $ - $ - B. PIM ACTIVITIES (overtime) $ 80 $ 240 $ 5,110 $ 140 $ 5,250 [not to exceed 10% of (100) salaries] Meals $ 30 $ 90 150 hours L $35.00 per hour= $ 5,250 Mileage -436 0.35 $ 152.60 C. OTHER TOTAL TRAVEL & PER DIEM 1. Officers: administrative paperwork, civilian breath test operators on "stand by" - receive overtime when called rto conduct test. 195 hours © $32.46 per hour = $ 6,330 $ 6,190 $ 140 $ 6,330 TOTAL SALARIES $ 121,337 $ 493 $ 121,830 (200) Fringe Benefits IA. Rate: (if not included in hourly rate) 21.68% $ - $ 26,413 $ 26,413 FICA 7.65% 9,320 Lodging $ 80 TMRS 14.03% 17,093 Meals $ 30 B. Other salaries: $ - $ - $ - $ 152.60 Project Management Class TOTAL FRINGE BENEFITS $ - $ 26,413 $ 26,413 (300) Travel and Per Diem — for required travel to attend TXDOT seminars or workshops and PMC or Buckle Up/DSI Summit. Lifesavers Conference - Austin Convention Center, April 9 -11, 2 officers Registration $ 300 $ 600 Lodging $ 80 $ 160 Meals $ 30 $ 60 Mileage -436 0.35 $ 152.60 Project Management Class Registration $ - $ - Lodging $ 80 $ 240 Meals $ 30 $ 90 Mileage -436 0.35 $ 152.60 TOTAL TRAVEL & PER DIEM $ 1,455 $ - $ 1,455 (700) Other Miscellaneous — mileage for officers working STEP grant. 24,000 miles* at $ 0.5800 Iper mile = $ 13,920 $ 13,920 $ 13,920 J \051205\GRANTS \STEP\COMPREHENSIVE STEP\BUDGET NARRATIVE 2006.DOC 7/29/2005 Tees ArOoppmesst at 114 Form 2109 (rev. 6/29/2005) Subgrantee: City Of Corpus Christi TRAFFIC SAFETY OPERATIONAL PLAN Project Fiscal Year. 2006 Attachment F Project Title: STEP - Comprehensive - Speed STEP Site Letter or Number di Type* Site Description Survey Results (compliance) 36.556 Enforcement Period Monday –Sunday lam – 12pm and/or Spm – 8pm 1 IH37 – Violet Road to SH286, East/ West Length in miles: 11.4 Speed Limit: 65 – 70 mph 2 USHwy 181 – Harbor Bridge to City Limits, North and South Length in miles: 5 Speed Limit: 55 mph 30% Monday – Sunday 7am – 12pm and/or 3pm – 8pm 3 SH286 – from II -137 Interchange to SH358 Interchange, North and South Length in miles: 3.9% Speed Limit: 65 mph 34 Monday – Sunday 7am – 12pm and/or 3pm – 8pm 4 SH358 - East and West Length in miles: 19 Speed Limit: 60 – 65 mph 40.5% Monday –Sunday 7am –12pm and/or Spm – 8pm 5 SH357 (Saratoga) – Ayers to Airline, East and West Length in miles: 5.2 Speed Limit: 45 mph 30% eonda12 Sunday Pm and/or 3pm – 8pm 6 SH361 – from Park Road 22 to City Limits Length in miles: 10.8 Speed Limit: 60 mph 35% Monday –Sunday 7am – 12pm and/or Spm – 8pm Park Road 22 – from JFK bridge to Sea Pines Road Length in miles: 4.1% Speed Limit: 55 mph Monday – Sunday 7am – 12pm and/or 3pm – 8pm 8 Ennis Joslin – from SH 358 to Ocean Dr. Length in miles: 2.3 Speed Limit: 35 mph 2056 Monday–Sunday 7am – 12pm and/or 3pm – 8pm 9 Ocean Drive – from NAS to Buford Length in miles: 8.9 Speed Limit: varies from 35 to 50 31 % Monday –Sunday 7am – 12pm and/or Spm – 8pm e: 1 ne Operational Plan must be completed according to the Operational Plan Instructions by the Subgrantee, and it must be submitted as part of the STEP grant agreement for approval. The instructions and the Operational Plan Form can be found on the TxDOT Website located at httol/www.dotstate.txusitrafficsafety/qrants/qoinstcurrenthtm Any modifications made 10 the Operational Plan after the grant is executed do not require an amendment to the Grant Agreement. However, the Subgrantee must follow the Operational Plan modification procedures found in the Operational Plan Instructions before any enforcement is conducted in the related sites. For Speed and Occupant Protection sites only, survey data must be submitted with the grant document to support the Operational Plan. It is recommended that subgrantees follow the 'Speed Survey Protocol and Instructions' and the 'Occupant Restraint Observer Protocol — Surveys' found in the Buckle Up Texas Website at http;/!wtmA/.buckleuptexas.com. Page 1 of 1 ., . Form 2109 (rev_ &29/2005) Subgrantee: City Of Corpus Christi TRAFFIC SAFETY OPERATIONAL PLAN Project Fiscal Year. 2006 Attachment F Project Title: STEP - Comprehensive - DW1 1 STEP Site Letter or Number & Type Site Description Survey Results compliance) Enforcement Period DWI 1 -- District 1 (see attached map) Wed, Thurs, Fri, Sat, Sun 3:00 pm – 3:00 am DWI 2 District 2 (see attached map) Wed, Thurs, Fri, Sat, Sun 3:00 pm– 3:00 am DWI 3 H District 3 (see attached map) Wed, Thurs, Fri, Sat, Sun 3:00 pm – 3:00 am DWI 4 District 4 (see attached map) Wed, Thurs, Fri, Sat, Sun 3:00 pm – 3:00 am DWI 5 District 5 (see attached map) Wed, Thurs, Fri, Sat, Sun 3:00 pm– 3:00 am DWI 6 Special Events: March 11– 26, 2006 (Spring Break) April 9 –17, 2006 (Easter) May 26 – 29, 2006 (Memorial Day) July 1 – 5, 2006 (4th of July) August 31 – Sept 5, 2006 (Labor Day) 3:00 pm – 3:00 am The enforcement hours were chosen based on the following: 3:00 pm – 3:00 am- These hours will enable officers to work the beach areas during the summer as well as focusing on the Happy Hours at local bars. The heavy focus hours will bet= 10:00 pm to 3:00 am when the most alcohol related crashes occur. Note: The Operational Plan must be completed according to the Operational Plan Instructions by the Subgrantee, and it must be submitted as part of the STEP grant agreement for approval. The instructions and the Operational Plan Form can be found on the TxDOT Website located at http://www.dot.state.tx. u s/trafficsafety/Q ra nts/Opi nstcu rrent. htm Any modifications made to the Operational Plan after the grant is executed do not require an amendment to the Grant Agreement. However, the Subgrantee must follow the Operational Plan modification procedures found in the Operational Plan Instructions before any enforcement is conducted in the related sites. For Speed and Occupant Protection sites only, survey data must be submitted with the grant document to support the Operational Plan. h is recommended that subgrantees follow the 'Speed Survey Protocol and Instructions' and the 'Occupant Restraint Observer Protocol — Surveys" found in the Buckle Up Texas Website at http://www.buckleuptexas.com. Page 1 of 1 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 23, 2005 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute all necessary documents for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2005-2006 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. ISSUE: The Texas General Land Office requires the annual submission of an application for financial assistance from local governments for beach maintenance. REQUIRED COUNCIL ACTION: The City Council must pass a resolution for the General Land Office to accept the grant application. PREVIOUS COUNCIL ACTION: Resolution 025859 authorized continued financial assistance through the Texas General Land Office for beach cleaning, police patrols and life guarding at Padre Island during the 2005 state fiscal year and was approved by City Council on July 27, 2004. CONCLUSION AND RECOMMENDATION: Staff recommends the City Council authorize the application for continued financial assistance through the Texas General Land Office for beach cleaning, life guarding, and police patrols at Padre and Mustang Islands and to execute all necessary documents in connection with the reimbursement application d.,Sally Gavlik, Director `� Parks and Recreation Attachments: Background BACKGROUND INFORMATION The Texas General Land Office administers the Beach Maintenance Fund to partially reimburse cities and counties for beach cleaning, lifeguards, and safety patrol services. The City Council must annually approve submission of the reimbursement application to the state for beach cleaning and life guarding reimbursement and authorize the City Manager to execute all necessary documents. The application will provide financial assistance to the City for the 2006 state fiscal year. The Beach Maintenance Fund Program reimburses cities and counties by a formula that distributes a finite budget of $940,000 each year. Of that budget the General Land Office is authorized to take up to ten percent for administrative costs. The principal portion of the beach maintenance appropriations, amounting to $846,000 presently is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. Seventy-five percent of funds available for distribution shall be allocated by determining each participant's proportionate share of total participant expenditures during the fiscal years preceding the year for which participant is applying for reimbursement. Twenty-five percent of the funds available for distribution shall be allocated by determining each participant's proportionate share of total linear footage of gulf beach which the participants will clean and maintain pursuant to project agreements authorized in Texas Administrative Code, Title 31, Part I, Chapter 25. There is a three-year averaging process for new entrants into the pool of reimbursement requestors. Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. The City maintains 41,929 feet of gulf beaches with estimated eligible expenses of $778,000. It is anticipated that the Texas General Land Office will reimburse the City $44,000. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL NECESSARY DOCUMENTS FOR CONTINUED FINANCIAL ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON NORTH PADRE AND MUSTANG ISLANDS DURING FY 2005-2006 UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AND MAINTENANCE ASSISTANCE PROGRAM WHEREAS, the Texas General Land Office requires the annual submission of an application for financial assistance by local govemments for beach cleaning and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute all necessary documents to request continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre and Mustang Islands during FY 2005-2006 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program, as provided by 31 Texas Administrative Code Chapter 25. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APS PROVED: 8 August 2005 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Henry Garrett Mayor C:\(Doyle.03.051PARK&REC.27\Beach \05.08080C. Resolud.onRelmbu.rseBeach.Cleaning. Expense.GLO.doc Page 2 of 2 Corpus Christi, Texas day of 2005 The above resolution 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 C:1( Doyle.03.051PARK8REC.2TBeach\05.0808DC.ResolutonReimbu. rseBeach.Cleaning. Expense.GLO.doc 11 AGENDA MEMORANDUM August 23, 2005 SUBJECT: Fire Station No. 10 - UST Mitigation Contract No. 2 - Project No. 0102 AGENDA ITEM: a Resolution Authorizing the City Manager, or the City Manager's Designee, to Accept a Reimbursement Grant from the Texas Commission for Environmental Quality In the Amount of $5,332.00 for Mitigation Measures and Site Closure at Fire Station No. 10, 1550 Horne Road. b Ordinance appropriating $5,332.00 from a Texas Commission on Environmental Quality pre -approved expenditure grant in the No. 1062 Grant Fund to provide funding for Site Mitigation Measures and Site Closure at at Fire Station No. 10, 1550 Horne Road.; and declaring an emergency. ISSUE: The TCEQ has pre -approved an expenditure grant of $5,332.00 for final site closure which must be accepted and appropriated by Council prior expenditure. The grant will permit the City to issue an administrative contract to plug six monitor wells, dispose of wastes, and to prepare a final site closure report. FUNDING: Funds will be available from the Federal/State Grants Fund No. 1071 upon appropriation and FY2005-2006 Environmental Programs budget. TCEQ will only fund the pre -approved corrective measures requiring the City to pay for preparation of the reimbursement application packages. RECOMMENDATION: Approval of the resolution, ordinance and motion as presented. CRA g% l©' -Angel R. Escobar, P.E. Date Director - Engineering Services Attachments: Exhibit A: Background Exhibit B: Location Map Exhibit C: TCEQ Funding Form H-.\HOME\KE VINS\GEN\M ITIGATI\UST\96UST#2\AEAmd 12OrdMemo.doc ADDITIONAL INFORMATION BACKGROUND: The City awarded two multi -site mitigation contracts in 1996 to address leaking petroleum tanks. Some the sites were continuation of mitigation measures to achieve closure status with TCEQ (formerly TNRCC). Fire Station No. 10 and the Old RTA site have remained active. TCEQ has granted approval to proceed with site closure and pre -approved an expenditure grant of $5,332.00 for Fire Station No. 10 Fire Station No. 10 had an underground fuel storage tank (UST) on site that has been removed. The tank was discovered to be leaking and City has been engaged in mitigation activities to achieve TCEQ closeout since 1996. TCEQ requires approval of corrective actions prior to the work beginning for the City to be eligible for reimbursement. TCEQ has been very systematic in approving the work program to ensure only the minimal necessary to achieve closure is expended. Shallow groundwater in Nueces County is generally not suitable for potable or other uses. The material that escaped from the UST never migrated off the property, and posed no risk to the public. Remediation efforts have now reduced the petroleum product to a level to permit site closure. Historically, expenditures for UST mitigation were funded by the operating department or through risk mitigation. These funds were reimbursed when payment was received from TCEQ (formerlyTNRCC). Changes in Generally Accepted Accounting Procedures caused the City to cease using reimbursements. As a result, reimbursement notifications are treated as a grant notifications requiring appropriation. PRIOR COUNCIL ACTION: March 5, 1996 — Motion authorizing the City Manager, or his designee, to execute an environmental services contract with Applied Earth Services, Inc., in an amount not to exceed $50,700.00 for mitigation of various leaking UST sites (M96-061). July 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to the environmental services contract with Delta Environmental Consultants (formerly Applied Earth Services, Inc.), in an amount not to exceed $29,126.00 for mitigation of various leaking UST sites (M2003-238). PRIOR ADMINISTRATIVE ACTION: Eight minor administrative amendments to the contract with Delta Environmental Consultants (formerly Applied Earth Sciences) were made as TCEQ approved additional mitigation measures. PROJECT DESCRIPTION: The grant will result in the plugging six monitoring wells, disposal of wastes and preparation of a Final Site Closure Report. {'HOME \KEVINS\GEN\MITIGATI\UST\96UST#2\AEAmdl2OrdBkQExhA.doc Exhibit A Page 1 of 2 FUNDING: Appropriation of the grant is necessary prior to expenditure. Future Council Action: • Council appropriation of a future reimbursement grant for any additional mitigation measures and closure of the Old RTA site. • Council approval of any amendment requiring a fee in excess of the amount authorized administratively. H \HOME\KEVINS\GEN\MITIGATIIUST196UST#2\AEAmdl 2OrdBkgExhA. doc Exhibit A Page 2 of 2 `.,Mprcyec: , councilexhibits\exh0102.dwg __n x_ N CORPUS CHRISTI BAY Nueces County S IE ®r r4CCIA ' l ThP-: FIRE STATION No. 10 1550 HORNE RD. CITY PROJECT No. 0102 LAGUNA MADRE LOCATION MAP NOT TO SCALE GULF OF MEXICO EXHIBIT "8" FIRE STATIONS No. 10 UST MITIGATION CONTRACT No. 2 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-19-2005 MIS la ; Nal ...— 5 05 '.7 -rx 5;234,8985 rape la 002/005 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LPST CORRECTIVE ACTION RESPONSE FORM LPST4D: 109850 GENERAL INFORMATION LPST-ID: 109850 Responsible Party CITY OF CORPUS CHRISTI Facility if: 0048914 Facility Name: FIRE STATION 10 Facility Address : 6713 WESER RD Facility City: CORPUS CHRISTI CAPM & Name: CAPM00188 CAS ID & Name: RCAS00222 Priority. 4.1 TEL: 361/826-4064 County. NUECES HODGES , JAMES P DELTA ENVIRONMENTAL CONSULTANTS INC TCEQ TECHNICAL RESPONSE 6/2/2005 Proposal For LPST: 109850 - SITE CLOSURE Proposed activity Is approved as proposed. The approved activity is proper plugging of six 25' monitoring wells, disposal of wastes, and submittal of a Final Slte Closure Report. We have completed our review of the Annual Groundwater Monitoring Report and Site Cloture Report dated June 2, 2005, and concur with your recommendation for closure. This Office will Issue a letter of final concurrence to the Responsible Party under separate cover. ACTIVITY COST SUMMARY Proposed Cost: $5,332.00 Maximum Pre -Approved: 85,332.00 Signature: t� IO d.-f�..� Date: 8/02005Trudy Hasa aW Project Manager, Darcy Environmental Group Approved: d Bra Senior Project Manager, Darcy Environmental Group Page : 1 Telephone: 512 / 239-2200 Exhibit C Page 1 of 4 34.d38a t 003/005 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LPST CORRECTIVE ACTION RESPONSE FORM LPST-ID:10ees0 Prasanthi Bollineni or Maria Lebron TCEQ On-site Representative PST Responsible Party Remediation Section Page! 2 Exhibit C Page 2 of 4 aLr ® 004/005 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LPST CORRECTIVE ACTION RESPONSE FORM LPST-10:100850 8/2/2005 Proposal For : SITE CLOSURE Pursuant to 30 TAC Section 334.82 (a). you are required to notify all parties affected by the contamination. 11 you determine that contamination from the release has migrated off-site, or if you are required by the TCEQ to conduct further assessment or other corrective actions off-site, then you must notify the affected landowner(s) within 30 days of documenting any impact. Please note that landowners may Include state and local owners of rights-of-way. For the purpose of this requirement, notice shall be through any means described In 30 TAC Section 334.82 (a). Please provide documentation to the TCEQ within 30 days that the affected landowner(s) has/have been properly notified. Be aware that failure to notify affected parties is grounds for formal enforcement proceedings. Please note that preapproval of corrective action activities DOES NOT guarantee reimbursement. Eligibility is determined at the time of reimbursement application review. If the release is eligible, the preapproved amount is the maximum allowed for the proposed activities. The actual amount of reimbursement will be determined after the activities are completed and the reimbursement application and all related receipts and invoices have been submitted to and reviewed by TCEQ according to the applicable technical and reimbursable cost guidelines. In all instances. the completed work must be technically justifiable and should serve to advance the site toward regulatory closure In the corrective action Process . The amount of preapproved work performed should be based on completion of the activity's objectives. Additionally, please also note that preapproved amounts include eligible markup_ Unless approved in advance by the PST Reimbursement Section, reimbursement claims for remediation system operation and maintenance and/or quarterly groundwater monitoring should only be submitted after the completion of an annual cycle. The Reimbursement Section can be reached at 512/239-2001. Please notify the applicable TCEQ regional office at least 10 days before conducting any field activities at this site. cc: Russell Lewis. TCEQ Region 14 Field Office 8300 Ocean Drive, Suite 1200. Corpus Christi, Texas 78412-5503 Phone: 361/826-3100 Fax: 361/825-3101 Exhibit C Page 3of4 a 55,5271 TNRCC it: LPST 9: Facility*: Facility Name: Facility address: A P rsonnel 9 ' FAx i1234 8989 Activity 11: Site 0 109550 45914 Fin Station 910 1550 Home Road, C Closure Prnapproval Worksheet Number of welts: Toal Well Depth: Date: Prepared by: orpus Christi Mos Cosa Silo Closure Request Project Manager (PM) Final Cloexe Report Mild Cosa Pall first we* PMA add. wells <100 ' deep P&A add. wept > 100 ' deep Remove remedletion System Subtotal Subconiacfed Personnel Subconlreadr Markup % A. Total Personnel of Units S/Uni1 1 a 1 x 5 0 0 550 = 80 = 230 = 135 00 135 750 30 10% = B. Well Pw99in0 and Abandonment Costs Total 5550 5320 3230 5135 5450 10 50 SO 3195 1 0 H of Unit, Mobi allon (Ips Own 50 mass) 1 x Wave (ower 50 r.L max 200) 0 x Pia walls (first 25') 0 x PIA Weis (add. footage, 26' - 1 0 x PIA Weds (add. tooage, #100) 0 x Ore Crew Per Dien 0 x Subtotal Subcontracted Equipment = P. Toed wort % SAlna 5300 = 52.5 -5300 = Se = 510 = 5240 = 52.100 15% = To d 5300 *0 51,800 50 SO 5315 52,415 C. Other Costs .,._ ....'.......• rani I , rape 6 25 18JUW5 th2 005/005 Disposal of Wastes Small Items # of Unhs 5/Unit 1 x 1250+$10.60/cy • 2 x 520 • Subtotal Subcontracted Waste Mgml otpone Y. C. Total otal al Other 5283 15%= Total 5284 540 142 D. Travel $347 Waage (>100 rt.) Ono way mileage to sae Travel Tbto Per diem Ailero Equipment Truck Subtotal Subcortrooted Travel Subootareotor Markup % Units 340 9 x 1 x 0 x 2 x • D. Total Travel 3/Unit 50.35 = 220 545 = 300 = 50 = 5140 = 10 15% e Total 5110 1306 190 SO 5280 Boal site Closure Activity Cosa (A+15+C+13) len Personnel -ProposedMp Sub'd Total Subcontracted) Total DtVVnnrwa Well P&A Well P&A is Other Costs Travel $0 $0 52,100 50 51,880 $2,415 $320 5717 $0 52,100 3253 50 $1,883 52.415 5347 5885 5 so $27 5168 Total $2.361 ($3r,33t) 62,383 $5,627 $195 Exhibit C Page 4 of 4 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A REIMBURSEMENT GRANT FROM THE TEXAS COMMISSION FOR ENVIRONMENTAL QUALITY IN THE AMOUNT OF $5,332.00 FOR MITIGATION MEASURES AND SITE CLOSURE AT FIRE STATION NO. 10, 1550 HORNE ROAD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or his Designee, is authorized to accept a reimbursement grant from the Texas Commission for Environmental Quality in the amount of $5,332.00 for mitigation measures and site closure at Fire Station No. 10, 1550 Horne Road. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: August /'/ , 2005. MQ@wtL 7Jgfin P. Burke, Jr. sistant City Attorney For City Attorney IohnBurke\OrdReso2005\RccoforTCEQ.I la Corpus Christi, Texas of , 2005 The above resolution 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 J ohnBurke\OrdReso2005\ResoforTC EQ. Iia ORDINANCE ORDINANCE APPROPRIATING $5,332.00 FROM A TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PRE - APPROVED EXPENDITURE GRANT IN THE NO. 1071 GRANT FUND TO PROVIDE FUNDING FOR SITE MITIGATION MEASURES AND SITE CLOSURE AT FIRE STATION NO. 10, 1550 HORNE ROAD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $5,332.00 from a Texas Commission on Environmental Quality pre -approved expenditure grant in the No. 1071 Grant Fund to provide funding for site mitigation measures and site closure at Fire Station No. 10, 1550 Home Road. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: August / 9 , 2005 n P. Burke, Jr. sistant City Attorney For City Attorney J ohnBurke\OrdReso2005\ORDAppro4TCE0-1 la 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 City of Corpus Christi 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 JohnBurkeAOrdReso2005VORDAppro4TCEQ.IIa 12 AGENDA MEMORANDUM DATE: August 23, 2005 SUBJECT: Bayfront Development Plan Phase 1 (Project No. 6279) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $804,515 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004) ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 5 Bayfront Master Plan Project. A Contract for Professional Services is required to provide design, bid and construction phase services and requires the approval of City Council before work may begin. FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. 'Ang . Escobar, P. E., Direc or of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map Viler H MOMELLYNOA$\GEN\Bayfront Master Plan \Bond 2004\Bevhonl Dev Plan Phase l\Memorandum.doc BACKGROUND INFORMATION SUBJECT: Bayfront Development Plan Phase 1 (Project No. 6279) BOND ISSUE 2004 PROJECT PRIOR COUNCIL ACTION: 1 December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the RTA in the amount of $20,000 for the Bayfront Master Plan. 2. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Downtown Management District in the amount of $20,000 for the Bayfront Master Plan. 3. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization in the amount of $20,000 for the Bayfront Master Plan. 4. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi in the amount of $20,000 for the Bayfront Master Plan. 5. December 16, 2003 — Ordinance appropriating $20,000 from the RTA into Park CIP Fund No. 3280; and appropriating $20,000 from the Downtown Management District into the Park CIP Fund No. 3280; and appropriating $20,000 from the Metropolitan Planning Organization into the Park CIP Fund No. 3280 for the Bayfront Master Plan; and amending the Capital Budget FY 2002-2003 adopted by Ordinance No. 025144 by increasing appropriations by $60,000; and declaring an emergency. 6. December 16, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Thompson Ventulett and Stainback and Associates, Inc. for planning services associated with development of a Bayfront Master Plan. 7 July 20, 2004 — Public Hearing to consider amending the Comprehensive Plan of the City of Corpus Christi by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. 8. July 20, 2005 — Ordinance amending the Comprehensive Plan of the City of Corpus Christi ("the City") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan; providing for severance; providing for publication. 9. July 27, 2004 — Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City by amending the South Central Area Development Plan to include the Bayfront Master Plan, by including in Policy Statement G.3 a description of Shoreline Boulevard as an arterial street with four to six travel lanes between Buford Street and the Bayfront Convention Center 10 July 27, 2004 — Second Reading - Ordinance amending the Comprehensive Plan of the City of Corpus Christi ("the City") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. H:IHOME\LYNDAS\GEN\Bayfronl Master Plan \Bond 20041Elayfront Dev Plan Phase 1AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of4 11 November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 12 November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi 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). 13 March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). PRIOR ADMINISTRATIVE ACTION: 1. August 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 a construction contract to complete the project as required. PROJECT BACKGROUND: In October 2003, local architects, under the sponsorship of the Corpus Christi Caller Times, held a brain -storming session called a charrette and came up with an expansive green -belt vision of what a revised Bayfront could look like. On December 16, 2003, the City Council approved a $100,000 contract to have the architectural firm of Thompson Ventulett and Stainback and Associates, Inc. to create a Master Plan for the Bayfront area. Local organizations that participated in funding this A/E contract include: • The City of Corpus Christi, • The Downtown Management District, • The Regional Transportation Authority, • The Metropolitan Planning Organization, and • The Port of Corpus Christi. Over the next several months a series of meetings with public organizations, the Corpus Christi Caller Times, several citizen groups, and a public survey process was conducted to gather relevant data and generate public awareness for a conceptual plan for the Bayfront area. Citizens were able to download a special questionnaire on the Bayfront plan from the City's web site to contribute further comments. On July 20, 2004, The City Council approved the Bayfront Master Plan on 1st reading and directed staff and the City's Bayfront Master Plan consultants to revise the draft plan to include a range of four to six travel lanes for Shoreline Boulevard. The proposed revisions to Policy Statement G.3 allow the City the flexibility to improve Shoreline Boulevard from four to six lanes as needed. The Bayfront Plan included a master plan for the two-mile stretch of bayfront from the Corpus Christi Ship Channel to McGee Beach. The major components of the plan included: 'HOMELLYNDASIGEN1Bayhont Master PIan\Bon0 20041Bayfront Dev Plan Phase tAGENDA BACKGROUND.Coc EXHIBIT "A" Page 2 of • Shoreline Boulevard will change from three lanes in each direction to three lanes in each direction, with a left -turn lane to ease backups; • Routing traffic along the water's edge from the Lawrence Street T -Head to the intersection at Interstate 37, and away from the water along the rest of the bayfront; • Creating small single -block parks along the downtown portion of the bayfront and creating larger parks near Memorial Coliseum and the new arena; • Building a new breakwater to protect McGee Beach. 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. Proposition No. 5 for the Bayfront Master Plan, Phase 1 was approved by voters and a Request for Qualifications was issued to acquire the services of an architectural firm to design the first phase improvements to the Bayfront area. PROJECT DESCRIPTION: This project consists of funding to implement the first phase of Shoreline Boulevard realignment from one block North of 1-37 to Resaca Street. Proposed work will include the re -use of the existing south -bound traffic lanes, restructuring of the existing traffic medians, and demolition and reconstruction of the north -bound traffic lanes. This is a multi -phased project that will enable the Bayfront Master Plan to be implemented with various components. This contract will implement the first phase of the Bayfront Park. The project will realign the northbound lanes of Shoreline Boulevard to the west, construct streetscape amenities on both sides of Shoreline Drive, and develop the new park area between Shoreline Boulevard and the Seawall. This Phase 1 contract will also update the 2004 master plan and prepare design guidelines for the Bayfront Area known as SEA Town. Specific improvements will include: STREETS • Six (6) eleven -foot traffic lanes with two (2) eight -foot wide parking lanes and associated ADA parking and bus turnouts, • Esplanade traffic medians, with protected left turn lane, • Landscaping of esplanade traffic medians to include irrigation, palms, ground cover, and hardscape, • Eight -foot wide sidewalk sections adjacent to the street, • New street lighting, and • Necessary storm sewer, fire water line relocation, traffic barricading, lane striping, signage and required appurtenances to complete the project. H'\HOME\LYNDASYGEN\Bayfront Master Plan\Bond 2004\Bayfrant Des Plan Phase VAGENDA BACKGROUND.Ooc EXHIBIT "A" Page 3 of4 PARKS • Creation of new park and public area adjacent to existing seawall, and • Landscaping of park area to include top soil and sodding, irrigation, palms, ground cover, shrubbery, additional trees, hardscaping, pavers, and other amenities including artwork. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B. FINAL PRODUCT: Design, Bid and Construction services will result in improvements to Shoreline Boulevard from one block north of 1-37 to Resaca Street. N'1NOMEILYNDASIGEN1Bayfront Master Plan \Bond 2004\Bayfront Dev Plan Phase 1'AGENDA BACKGROUND.doc EXHIBIT "A" Page 4 of4 CONTRACT SUMMARY 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 Gignac Associates LLP, 416 Starr Street, Corpus Christi, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows_ 1 SCOPE OF PROJECT Bayfront Park Phase 1 - 3279 In 2004 a master plan for the development of Bayfront Park, located within the Shoreline Boulevard right-of-way, was prepared as a component of the long-term plan for the redevelopment of downtown Corpus Christi. The park will be created by relocating segments of the boulevard to consolidate the existing median with the development parcels to the west or the seawall and pedestrian promenade to the east. This project will implement the first phase of Bayfront Park, from one block south of the I- 37 intersection north to the convention center and auditorium. The project will realign the northbound lanes of Shoreline Boulevard to the west, construct streetscape amenities on both sides of Shoreline Drive, and develop the new park area between Shoreline Boulevard and the seawall. This Phase 1 contract will also update the 2004 master plan and prepare design guidelines for SEA Town. 2 SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design 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-1", to complete the Project. Exhibit "A-1" 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. Exhibit "B" Page 1 of 6 . SCHEDULE DAY DATE ACTIVITY Monday 8-29-2005 Begin Stage I Design Tuesday 11-1-05 Design Memo Interim Submittal Wednesday 11-16-05 City Review Meeting Monday 1-16-06 Design Memo Draft Final Submittal Wednesday 2-8-06 City Review Meeting Monday 2-27-06 Design Memo Final Submittal Monday TBD Begin Design Phase Friday TBD Pre -Final Submittal Friday TBD City Review Friday TBD Final Submittal Monday (2) TBD Advertise for Bids Tue TBD Pre -Bid Conference Wednesday TBD Receive Bids Weekday TBD Begin Construction Weekday TBD Construction Completion 4 FEES A. Fee for Basic Services. The City will pay the A/E 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, A/E 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 A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not -to -exceed fee as per the table below: Exhibit "B" Page 2 of 6 C. Summary of Fees Fee for Basic Services 1. Design Phase Stage I $529,294 2. Design Phase Stage II TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees Fee for Additional Services (Allowance) 1 Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting $22,575 2. ROW Acquisition Survey (AUTHORIZED) TBD 3. Topographic Survey (AUTHORIZED) TBD 4. Environmental Issues TBD 5. Construction Observation Services TBD 6. Start-up Services TBD 7. Warranty Phase TBD 8. Provide SCADA Documentation TBD 9. Tasks 6-11 from Exhibit A-1 $252,646 Sub -Total Additional Services Fees Authorized $275,221 Total Authorized Fee $804,515 Exhibit "8" Page 3 of 6 Basic services work for design phase Stage I will include: • Task 1: Establish Project Limits o Review project phasing and establish final phasing approach o Determine limits of project and transition areas • Task 2: Prepare Supplementary Information Requests o Prepare existing conditions survey scope and submit to City for procurement o Prepare geotechnical analysis requirements and submit to City for procurement • Task 3: Prepare Concept Design o Roadway design: horizontal and vertical o Landscape design: • Streetscape elements • Park elements • Recreational elements • Arrival portal/civic icon at waterfront (intersection of 1-37 and Shoreline Drive) — this is an essential terminus to 1-37 and an important pedestrian entrance to the park o Utility design: Major system components, new and modified o Other design elements: shelters, concession areas, etc. o Prepare graphics o Prepare design development documents set: • Existing condition plans • Layout, materials, and planting plans • Grading, drainage and utilities plans o Prepare technical memorandum on design elements o Prepare cost estimate for order -of -magnitude pricing • Task 4: Public Meetings o Conduct up to six meetings with City agencies and committees including: • City Council • Water Shore Advisory Committee • Planning Commission • Task 5: Project Management o Project review meetings: Attend monthly progress update meeting in Corpus Christi (tied to public meetings in months when scheduled) o Project progress meetings: Participate in bi-weekly telephone conference calls to coordinate progress and design issues o Consultant coordination Exhibit "B" Page 4 of 6 Additional services work will include: • Task 6: Master Plan Update o Review implications of recent developments on current master plan o Develop recommendations for additional master plan elements • Convention hotel • Express bus lane • Areas of influence: • One block inland from park/boulevard and Heritage Park • Seaside district / branding area • North water garden • Art Museum and addition • Army Corpus of Engineers building o Additional funding alternatives and sources / potential matching funding approaches • Task 7: Traffic Analysis and Recommendations o Prepare updated traffic analysis and projects based on master plan update o Prepare recommendations on lane count, roadway cross-section, intersection design, etc. o Prepare analysis of current and future parking demands o Prepare recommendations on parking requirements and strategies • Task 8: Analyze Environmental Permitting Scope o Identify permits required o Prepare permitting scope of services and schedule o Submit for client approval and procurement of services • Task 9: SEA Town Development o Develop signage and trailblazing concept plan based on existing logo design o Prepare district design guidelines • Furnishings • Lighting • Pavements • Plantings • Etc. • Task 10: Conduct up to three Public Workshops/Hearings to obtain on the proposed park and its design o Public Meeting #1: Preliminary design kick-off: Presentation of master plan, identify additional elements, receive ideas/input for preliminary design, schedule for preliminary and final design o Public Meeting #2: Draft preliminary design presentation: Present 75% preliminary design, receive feedback, discuss phasing options, discuss costs / financing Exhibit "B" Page 5 of 6 o Public Meeting #3: Preliminary design wrap-up / final design kick-off: Present final preliminary design, present phasing and schedule strategy • Task 11: Alternative/Supplemental Funding o Analyze project components to identify potential funding categories o Research funding sources/methods, verify eligibility of project components o Develop recommendations on funding strategy Exhibit "B" Page 6 of 6 1 Ile \Mprojrct \councilexhithts\exh3279.dwg NUECES BAY CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE BARGE DOCK STEPPED SEAWALL VICINITY MAP NOT TO SCALE CITY PROJECT No. 3279 EXHIBIT "C" BAYFRONT DEVELOPMENT PLAN PHASE 1 BOND ISSUE 2004 CITY OF CORPUS CHRISTI, TEXAS CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-01-2005 WS NM 1111, 13 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: August 23, 2005 SUBJECT: Wooldridge Road Improvements Project • Phase 1 — from Staples Street to Airline Road (Project No. 6267) • Phase 2 — from Airline Road to Rodd Field (Project No. 6266) BOND ISSUE 2004 PROJECT AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation for the local letting and construction management of the Wooldridge Road Bridge Replacement Project. Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering in the amount of $1,766,131 for the Wooldridge Road Improvements Project as follows: (BOND ISSUE 2004) • Phase 1 — from Staples Street to Airline Road • Phase 2 — from Airline Road to Rodd Field ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the FY 2004-2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Resolution and Motion as presented. i`L`�✓ 87/9/°5` eI'R. Escobar, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map JSERS2\ HOME \VELMAP\GENISTREET\6266 W OOLDRIDGECONSULTANTAGENDA MEMO BACKGROUND INFORMATION SUBJECT: Wooldridge Road Improvements Project • Phase 1 — from Staples Street to Airline Road (Project No. 6267) • Phase 2 — from Airline Road to Rodd Field (Project No. 6266) BOND ISSUE 2004 PROJECT PRIOR COUNCIL ACTION: 1. May 13, 2003 — Resolution authorizing the City of Corpus Christi to perform equivalent -match project (Laguna Shores Road Improvements, Project #6158) in return for waiver of the local match fund participation requirement on the approved federal off -system bridge program (participation -waived) projects not yet awarded. (Resolution No. 025284) 2. June 24, 2003 — Resolution authorizing the City Manager, or the City Manager's designee, to execute an Advanced Fuding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following Bridge Replacement Projects: (Resolution No. 025350) • Wooldridge Road bridge • Kingsbury Lane Bridge • Lexington Road Bridge 3. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 4. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi 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) 5. March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800. (Ordinance 026188) PRIOR ADMINISTRATIVE ACTION: 1. July 22, 2004 — Executed Small A/E Agreement with Pyle and Associates in the amount of $24,590 for the Wooldridge Road Improvements Project, Phase 1 from Staples Street to Airline Road. 2. July 22, 2004 - Executed Small A/E Agreement with Pyle and Associates in the amount of $19,760 for the Wooldridge Road Improvements Project, Phase 2 from Airline Road to Rodd Field. 3. August 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). 4. 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). 5. 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). EXHIBIT "A" Page 1 of 4 U`,F RS2 HOME \VELMAP\GEMSTREET\6266 WOOLDRIDGE\CONSULTANT AGENDA BACKGROUND FUTURE COUNCIL ACTION: 1 Ordinance to appropriate monies in the amount of approximately $20,000 from the Texas Department of Transportation for the reimbursement of construction inspection services. 2. Approval of Phase 2 construction contract to complete the project as required. 3. Approval of Phase 1 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. 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 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. This project includes an increased scope and cost for underground utilities including wastewater, water, storm water and local franchise utilities. ADVANCED FUNDING AGREEMENT: Amendment No. 1 to the Advanced Funding Agreement specifies that the City has been approved to handle the letting and construction responsibilities of the Wooldridge Road Bridge and have budgeted funds for the City's inspection and oversight costs. Wooldridge Road Bridge - Replacing the existing bridge at the Mary Carroll Ditch on Wooldridge Road. This structure is located a quarter mile west of the Wooldridge Road and Rodd Field Road intersection. The proposed structure US RSbI iOME\VELMAPAGEN \STREEP6266 W OOLDRIDGEiCONSULTANTW GENDA BACKGROUND EXHIBIT "A" Page 2 of 4 consists of five (5) 12 -foot X 10 -foot concrete box culverts, which create a crossing 72 -feet long and 64 -feet wide. These dimensions will accommodate four (4) travel lanes with sidewalks on both sides, matching the Bond 2004 Wooldridge Road Reconstruction. The proposed bid date is September2006. Fee — TXDOT (90%) $941,500 Fee - City of Corpus Christi (10%) 94,150 Total Bridge $1,035,650 The amount of $94,150 is waived from TXDOT's local match fund participation requirement in return for the equivalent match project of Laguna Shores Road as authorized on May 13, 2003 by Resolution No. 025284. The Advanced Funding Agreement construction responsibilities include the following: A) The City shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B) Upon completion of the project, the City will issue a Notification of Completion acknowledging the Project's construction completion. 0) The city will be responsible for any cost overruns in addition to its local participation on an off -state highway system bridge program project for which local management has been requested and approved. All other provisions of the original Advanced Funding Agreement are unchanged and remain in full force and effect. This Amendment allows the City to better sequence and coordinate the design and construction of the Wooldridge Road bridge and road improvement projects. PROJECT DESCRIPTION: The proposed project consists of the following improvements: Wooldridge Road, Phase 1, from Staples Street to Airline Road - Reconstruction of two-lane rural type roadway to a four -lane urban collector with curb and gutter, sidewalks, ADA ramps, driveways, lighting, and drainage. The proposed storm sewer system outfall at the Mary Carroll Channel where the channel crosses Wooldridge is part of this Phase 2 project. Drainage storm sewer to outfall (from Airline to Rodd Field) along Wooldridge (Phase 2) should be completed during Phase 1 construction. Phase 1 Construction Estimate $6,983,810 H \U.SLRS2:HOME\VELMAP\GEN\STREET \6266 WOOLDRIDGE\CONSULTANTAGENDA BACKGROUND EXHIBIT "A" Page 3 of 4 Wooldridge Road, Phase 2, from Airline Road to Rodd Field - Reconstruction of two-lane rural type roadway to a four -lane urban collector with curb and gutter, sidewalks, ADA ramps, driveways, lighting, and drainage. The proposed storm sewer system serves as the outfall for the Wooldridge Phase 1 (from Staples to Airline) project. Phase 2 Construction Estimate $6,222,175 Total Construction Estimate $13,205,985 CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B. FINAL PRODUCT: Design, Bid and Construction services will result in street improvements including compliance with ADA requirements along Wooldridge Road as follows: • Phase 1 from Staples Street to Airline Road • Phase 2 from Airline Road to Rodd Field 1 USE RS2'HOMENELMAR\GENISTREED6266 WCOLDRIDGE\CONSULTANT AGENDA BACKGROUND EXHIBIT "A" Page 4 of 4 CONTRACT SUMMARY SCOPE OF PROJECT (Wooldridge Road Improvements) Wooldridge Road Phase 1 — from Staples Street to Airline Road (Project No. 62671 - Reconstruction of two-lane rural type roadway to a four -lane urban collector with curb and gutter, sidewalks, driveways, lighting, and drainage. The proposed storm sewer system outfall at the Mary Carroll Channel where the channel crosses Wooldridge is part of this Phase 2 project. Drainage storm sewer to outfall (from Airline to Rodd Field) along Wooldridge (Phase 2) should be completed during Phase 1 construction. Twin timber pole transmission line parallels the north ROW on its own easement. Wooldridge Road Phase 2 — from Airline Road to Rodd Field (Project No. 6266) - Reconstruction of two-lane rural type roadway to a four -lane urban collector with curb and gutter, sidewalks, driveways, lighting, and drainage. The proposed storm sewer system serves as the outfall for the Wooldridge Phase 1 (from Staples to Airline) project. Twin timber pole transmission line parallels the north ROW on its own easement. 2 SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE DAY DATE ACTIVITY ACTIVITY PHASEI PHASE II Wednesday August 24, 2005 Begin Preliminary Phase Monday November 21, 2005 Submit Draft Design Memorandum Friday December 9, 2005 City Review Monday January 9, 2006 Submit Final Design Memorandum Thursday January 20, 2006 City Review CityITxDOT Review 60% Friday January 27, 2006 Begin Design Phase Begin Design Phase Monday May 8, 2006 Pre -Final Submittal Friday May 26, 2006 City Review Monday June 12, 2006 Final Submittal Monday August 1, 2006 Advertise for Bids Tuesday August 15, 2006 Pre -Bid Conference Wednesday September 6, 2006 Receive Bids (TxDOT) Monday July 10, 2006 Pre -Final Submittal EXHIBIT "B" Page 1 of 15 ISF PS2\HOME \VELMAPAGEN STREFTV6260 WOOL DRIDGPCONSULTANT\CONTRACT SUMMARY Friday July 28, 2006 City Review Monday August 28, 2006 Final Submittal Weekday November 2006 Begin Construction Monday (2) February 5 & 12, 2007 Advertise for Bids Thursday February 8, 2007 Pre -Bid Conference Wednesday February 28, 2007 Receive Bids Weekday May 2008 Begin Construction Weekday June 2008 Construction Completion Weekday December 2009 Construction Completion EXHIBIT "B" Page 2 of 15 IISF RS2\HOMEVELMAPIGENISTREE76266 WOOL DRIDGEVCONSDITANTVCONTRACT SUMMARY 4 SUMMARY OF FEES Wooldridge Road, Phase 1 - from Staples Street to Airline Road (Project No. 6267 I Street Stonn Water Water Wastewater Total Basic Services Preliminary Phase 205,850.21 135,854.49 47,142.60 75,387.70 1 Preliminary Phase $116,509.21 $59,786.64 $26,555.23 $46,259.91 $249,111.00 2 Design Phase 111,820.99 57,380.88 25,486.61 44,398.46 239,087.00 3 Bid Phase 2,334.76 1,198.08 532.15 927.01 4,992.00 4 Construction Phase 30,296.20 15,546.48 6,905.23 12,029.09 64,777.00 Subtotal Basic Services Fees 260,961.17 133,912.08 59,479.28 103,614.47 557,967.00 Additional Services Additional Services 'Permitting 8,926.00 0.00 0.00 0.00 1 Permitting 4,540.00 0.00 0.00 0.00 4,540.00 2 ROW Acquisition Surve 0.00 0.00 0.00 0.00 0.00 3 'Topographic Survey (Authorized) 12,550.26 6,440.16 2,860.50 4,983.07 26,834.00 4 Environmental Issues 0.00 0.00 0.00 0.00 0.00 5 Construction Observation Services 100,659.33 51,653.28 22,942.61 39,966.73 215,222.00 6 Warranty Phase 888.16 455.76 202.43 352.64 1,899.00 7 Public Meetings (Authonzed) 3,071.85 1,576.32 700.15 1,219.68 6,568.00 8 Sanitary Sewer Investigation (Authorized) 0.00 0.00 0.00 26,545.00 26,545.00 9 Subsurface Utility Investigation (Authorized) 38,954.27 19,989.36 8,878.61 15,466.77 83,289.00 10 Mary Carroll Channel Bridge 0.00 0.00 0.00 0.00 0.00 Subtotal Additional Services Fees 160,663.87 80,114.88 35,584.36 88,533.89 364,897.00 Total uthorized Fee $760,364.50 $498,706.43 $172,110.66 $334,949.41 1,766,131.00 Total uthorized Fee 421,625.04 214,026.96 95,063.64 192,148.36 922,864.00 Wooldridge Road. Phase 2 - from Airline Road to Rodd Field (Protect No. 6266 Combined Total Cervices Street Storm Water Water Wastewater Total Basic rvices Preliminary Phase 205,850.21 135,854.49 47,142.60 75,387.70 1 Preliminary Phase 89,341.00 76,067.85 20,587.37 29,127.79 215,124.00 2 Design Phase 95,260.68 81,108.06 21,951.47 31,057.78 229,378.00 3 Bid Phase 1,932.81 1,645.65 445.39 630.15 4,654.00 4 Construction Phase 19,877.92 16,924.71 4,580.58 6,480.79 47,864.00 Subtotal Basic Services Fees 206,412.41 175,746.27 47,564.81 67,296.51 497,020.00 Additional Services Additional Services 'Permitting 8,926.00 0.00 0.00 0.00 1 Permitting 4,386.00 0.00 0.00 0.00 4,386.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey (Aut onzed) 11,517.93 9,806.74 2,654.14 3,755.18 27,734.00 4 Environmental Issues 0.00 0.00 0.00 0.00 0.00 5 Construction Observation Services 68,358.38 58,202.56 15,752.22 22,286.84 164,600.00 6 Warranty Phase 794.88 676.79 183.17 259.16 1,914.00 7 public Meetings (Authorized) 2,687.82 2,288.50 619.37 876.31 6,472.00 8 Sanitary Sewer Investigation (Authorized) 0.00 0.00 0.00 33,792.00 33,792.00 9 Subsurface Utility Investigation (Authorized) 36,405.61 30,996.93 8,389.16 11,869.30 87,661.00 10 bAary Carroll Channel Bridge 8,176.43 6,961.68 1,884.14 2,665.76 19,688.00 Subtotal Additional Services Fees 132,327.06 108,933,20 29,482.20 75,504.54 346 247.00 Total uthorized Fee $760,364.50 $498,706.43 $172,110.66 $334,949.41 1,766,131.00 Total uthorized Fee 338,739.46 284,679.47 77,047.02 142,801.05 843,267.00 Combined Total Cervices Street Storm Water Water I Wastewater Total Basic Services 1 Preliminary Phase 205,850.21 135,854.49 47,142.60 75,387.70 464,235.00 2 Design Phase 207,081.67 138,488.94 47,438.15 75,456.24 468,465.00 3 Bid Phase 4,267.56 2,843.73 977.54 1,557.17 9,646.00 4 Construction Phase 50,174.12 32,471.19 11,485.81 18,509.87 112,641.00 Subic al Basic Services Fees 467,373.57 309,658.35 107,044.10 170,910.98 1,054,987.00 Additional Services 1 'Permitting 8,926.00 0.00 0.00 0.00 8,926.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey (Authorized) 24,068.19 16,246.90 5,514.65 8,738.26 54,568.00 4 Environmental Issues 0.00 0.00 0.00 0.00 0.00 5 Construction Observation Services 169,017.71 109,855.84 38,694.89 62,253.57 379,822.00 6 Warranty Phase 1,683.05 1,132.55 385.60 611.80 3,813.00 7 public Meetings (Authorized) 5,759.68 3,864.82 1,319.52 2,095.99 13,040.00 8 Sanitary Sewer Investigation (Authorized) 0.00 0.00 0.00 60,337.00 60,337.00 9 Subsurface Utility Investigation (Authorized) 75,359.88 50,986.29 17,267.77 27,336.07 170,950.00 10 Mary Carroll Channel Bridge 8,176.43 6,961.68 1,884.14 2,665.76 19,688.00 Subtotal Additional Services Fees 292,990.93 189,048.08 65,066.56 164,038.43 711,144.00 Total uthorized Fee $760,364.50 $498,706.43 $172,110.66 $334,949.41 1,766,131.00 EXHIBIT "B" Page 3 of 15 • USF RS2\HOME\VELMAP\GEN\STREET\62,6 WOOL DRIDGE\CONSULTANT\ CONTRACT SUMMARY TASK LIST WOOLDRIDGE ROAD PHASE 1 — STAPLES STREET TO AIRLINE ROAD (PROJECT NO. 6267) PHASE 2 — AIRLINE ROAD TO RODD FIELD (PROJECT NO. 6266) A. BASIC SERVICES 1. Preliminary Phase (Phase 1 and 2) A. Scope of Soil Investigations B. Staff Meetings Attend and participate in one (1) project start, four (4) planning meetings with City staff, and two (2) planning meetings with TxDOT and City staff to discuss planning and conceptual design. Gather information and perform close coordination with Department staff. C. Design Memorandum 01. Review Project with Operating Department (Water, Wastewater, Storm Water, and Gas Department) C2. Review & Investigation of Available Records C3. Identify Results of Site Field Investigation Recommend necessary survey work to evaluate existing conditions. The recommendation will include the location of public and private utilities, structures, right-of-way (ROW) boundaries and critical elevations for adjacent structures and obtain easement information. Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie-in point, and other applicable parameters required to complete the items as shown on this Task List. C4. Provide Presentation of Pertinent Factors C5. Advise of environmental site evaluations and Archeology Reports C6. Identify and Analyze Requirements of Govemmental Authorities C7 Confer, Discuss, and Meet with City Operating Department(s) C8. Provide a Letter Stating that A/E and Sub -Consultant Engineers have checked and Reviewed Design Memorandum prior to Submission C9. Deliver One (1) Paper Copy of Interim Plans Design Memorandum and One (1) Electronic Copy (.pdf). SSE NS2\NOME\VELMAP\GEN\STREFT62Eo W001_DRIDGE\CONSUL TANTICONTRACT SUMMARY EXHIBIT "B" Page 4 of 15 Design Phase 1 Phase 1 A. Study, Verify, and Implement Design Memorandum Recommendations B. Not Applicable C. Preliminary Plan Sheets 1 Cover Sheet 2 Project Location Map 3 Index of Sheets 4 Existing Typical Sections 5 Proposed Typical Sections 6-8 General Notes and Testing Schedule 9-11 Basis of Estimate and Specification Data 12 Legend - Estimated Quantities 13-15 Sequence of Work 16-27 Traffic Control Plan 28-39 Barricade and Construction Standards 40-45 Work Zone Traffic Standards 46-47 Traffic Control Plan Standards 48-50 Control Layout and Benchmark Information 51 Removal Summary 52-63 Roadway Plan & Profiles 64 Curb & Gutter Standard 65-66 Header Curb Layout and Details 67-78 Utility Plan & Profiles Waterline and Wastewater Line Laterals and 79-81 Details 82-85 Water Tie -In Details 86-89 Wastewater Tie -In Details 90 Waterline and Wastewater Line Summary 91-94 Intersection Details 95-96 Residential Driveway Details and Summary 97 Commercial Driveway Details and Summary 98-101 Sidewalk Ramp Details 102-104 Pedestrian Facilities Standards 105-106 Earthwork Summary 107-108 Miscellaneous Details 109 Overall Drainage Area Map 110-112 Storm Water Drainage Area Map 113- 1114 Storm Water Schematic 115-120 Hydraulic Computations 121-133 Storm Water Plan & Profiles 134-139 Storm Water Laterals 140-142 Curb Inlet Standards 143 Manhole Standard EXHIBIT "B" Page 5 of 15 �',USERS2\HOME\VELMAP\GEMSTREET\6266 W OOLDRIDGECONSULTANT\CONTRACT SUMMARY 144-148 Single Cast -In -Place Box Culvert Standards 149-153 Single Precast Box Culvert Standards 154-155 Multiple Cast -In -Place Box Culvert Standards 156 Inlets and Manholes Summary 157 Drainage Summary 158-160 Lighting and Conduit Layout 161 Lighting and Conduit Details 162 Lighting and Conduit Summary 163-171 Electrical Detail Standards 172-174 Roadway Illumination Detail Standards 175-178 Traffic Signal Layout Traffic Signal Support Structure Strain Pole 179-180 Standards 181-182 Traffic Signal Support Structure Standards 183 Traffic Signal Pole Foundation Standard 184-186 Striping and Sign Layout 187 Small Sign Summary 188 Striping Summary 189-192 Regulatory Sign Standards 193-194 Sign Mounting Detail Standards 195-198 Pavement Marking Standards 199-203 SW3P Layout 204 SW3P Summary 205-206 Erosion Control Standards D. Provide Assistance Identification, Testing, Handling, and Disposal of Hazardous Materials E. Prepare Final Quantities and Estimates of Probable Costs F. Provide Pre -Final Plans and Bid Documents (100%) G. Assimilate All Review Comments, Modifications, Additions/Deletions and Proceed to Next Phase, Upon Notice to Proceed from the City Engineer H. Quality Assurance/Quality Control I. Prepare Traffic Control including Traffic Plan in accordance with Texas M.U.T.C.D. 1. Prepare traffic signal layouts for the following intersections: • Airline — modify existing signals • Rodd Field — modify existing signals 2. Prepare wiring and conduit layouts and schedules for the aforementioned traffic signal locations. LNV to coordinate location of service pole locations with AEP. City to provide schematics and plans for the four existing traffic signals. A. Plans shall reflect proposed phasing and flashing operations of the signals. B. Plans shall include pedestrian signal head locations. C. Plans shall reflect appropriate lane use assignments, based on street plans provided by LNV. EXHIBIT "B" Page 6 of 15 USE RS2\HOME'vVELMAPAGEN\STREE76266 WOOI DRIDGECONSUI TANTCONTRACT SUMMARY D. Signals to incorporate VIVDS and to conform to TxDOT construction and materials standards. E. Signal layouts will reflect existing and proposed roadway improvements (provided by LNV). F. Show existing utility locations and descriptive information (provided by LNV). 3. City will prepare signal timing charts for each intersection including turning movement counts made at each intersection: Weekday AM Peak, Weedkay Noon Peak, Weekday PM Peak, Weekday Off -Peak (to be determined by City). 4. LNV will provide construction phasing. Show phasing of traffic signal locations, etc. to provide for the safe operation of the signals during the various Traffic Control Plan phases provided for this project, which will include phasing of the signals and placement of signal heads at each of the four signalized intersections. J. Upon Approval, Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy K. Not Applicable L. Submit Monthly Status Reports M. Provide a Storm Water Pollution Prevention Plan N. Not Applicable O. Coordinate with City Traffic Engineering and AEP for street light location. A/E will provide conduit and pull box layout in design with spare conduit for MIS. AEP will design and install poles separately. 2.2 Phase 2 A. Study, Verify, and Implement Design Memorandum Recommendations B. Prepare Construction Bid and Contract Documents (1 Set)(60%) Phase 2 plans shall be included with the Texas Department of Transportation (TxDOT) Mary Carroll Bridge Replacement Project as a local let project meeting TxDOT requirements. Develop a preliminary construction schedule and sequencing plan that includes all the items as shown on this Task List. This schedule will include procurement, construction, testing, coordination, and provision for minimum interruption of services and construction schedules with planned Capital Improvement Program (CIP) funding. C. Preliminary Plan Sheets 1 Cover Sheet 2 Project Location Map 3 Index of Sheets 4 Existing Typical Sections EXHIBIT "B" Page 7 of 15 USERS2\HOME\VELMAP\GEN\STREET6265 WOOLDRIDGE\CONSULTANTCONTRACT SUMMARY 5 Proposed Typical Sections 6-8 General Notes and Testing Schedule 9-11 Basis of Estimate and Specification Data 12 Legend - Estimated Quantities 13-15 Sequence of Work 16-25 Traffic Control Plan 26-37 Barricade and Construction Standards 38-43 Work Zone Traffic Standards 44-45 Traffic Control Plan Standards 46-48 Control Layout and Benchmark Information 49 Removal Summary 50-59 Roadway Plan & Profiles 60 Curb & Gutter Standard 61-62 Header Curb Layout and Details 63-71 Utilities Plan & Profiles Waterline and Wastewater Line Laterals and 72-74 Details 75-78 Water Tie -In Details 79-82 Wastewater Tie -In Details 83 Waterline and Wastewater Line Summary 84-87 Intersection Details 88-89 Residential Driveway Details and Summary 90 Commercial Driveway Details and Summary 91-94 Sidewalk Ramp Details 95-97 Pedestrian Facilities Standards 98-99 Earthwork Summary 100-101 Miscellaneous Details 102 Overall Drainage Area Map 103-105 Storm Water Drainage Area Map 106-107 Storm Water Schematic 108-112 Hydraulic Computations 113-123 Storm Water Plan & Profiles 124-128 Storm Water Laterals 129-131 Curb Inlet Standards 132 Manhole Standard 133-137 Single Cast -In -Place Box Culvert Standards 138-142 Single Precast Box Culvert Standards 143-144 Multiple Cast -In -Place Box Culvert Standards 145 Inlets and Manholes Summary 146 Drainage Summary 147-149 Lighting and Conduit Layout 150 Lighting and Conduit Details 151 Lighting and Conduit Summary 152-160 Electrical Detail Standards 161-164 Roadway Illumination Detail Standards 165-168 Traffic Signal Layout Traffic Signal Support Structure Strain Pole 169-170 Standards A'JSERS2\HOME \VELMAP\GEN\STREET\6266 WOOLDRIOGE\CONSULTANTCONTRACT SUMMARY EXHIBIT "B" Page 8 of 15 171-172 Traffic Signal Support Structure Standards 173 Traffic Signal Pole Foundation Standard 174-176 Striping and Sign Layout 177 Small Sign Summary 178 Striping Summary 179-181 Regulatory Sign Standards 182-184 Sign Mounting Detail Standards 185-188 Pavement Marking Standards 189-191 SW3P Layout 192 SW3P Summary 193-195 Erosion Control Standards D. Provide Assistance Identification, Testing, Handling, and Disposal of Hazardous Materials E. Prepare Final Quantities and Estimates of Probable Costs F. Provide Pre -Final Plans and Bid Documents (100%) G. Assimilate All Review Comments, Modifications, Additions/Deletions and Proceed to Next Phase, Upon Notice to Proceed from the City Engineer H. Quality Assurance/Quality Control I. Prepare Traffic Control including Traffic Plan in accordance with Texas M.U.T.C.D. 1. Prepare traffic signal layouts for the following intersections: • Staples— modify existing signals • Cimarron — New Signal/Modify Existing Signals 2. Prepare wiring and conduit layouts and schedules for the aforementioned traffic signal locations. LNV to coordinate location of service pole locations with AEP. City to provide schematics and plans for the four existing traffic signals. A. Plans shall reflect proposed phasing and flashing operations of the signals. B. Plans shall include pedestrian signal head locations. C. Plans shall reflect appropriate lane use assignments, based on street plans provided by LNV. D. Signals to incorporate VIVDS and to conform to TxDOT construction and materials standards. E. Signal layouts will reflect existing and proposed roadway improvements (provided by LNV). F. Show existing utility locations and descriptive information (provided by LNV). 3. City will prepare signal timing charts for each intersection including turning movement counts made at each intersection: Weekday AM Peak, Weedkay Noon Peak, Weekday PM Peak, Weekday Off -Peak (to be determined by City). 4. LNV will provide construction phasing. Show phasing of traffic signal locations, etc. to provide for the safe operation of the signals during the various Traffic Control Plan phases provided for this project, which EXHIBIT "B" Page 9 of 15 JSFRS2\HOME VVELMAPAGEN STREET V626,3 WOOL DRIDGEVCONSULTANTVCONTRACT SUMMARY will include phasing of the signals and placement of signal heads at each of the four signalized intersections. J. Upon Approval, Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy K. Not Applicable L. Submit Monthly Status Reports M. Provide a Storm Water Pollution Prevention Plan. LNV will prepare and submit NOI and the City shall sign permit. N. Not Applicable O. Coordinate with City Traffic Engineering and AEP for street light location. A/E will provide conduit and pull box layout in design with spare conduit for MIS. AEP will design and install poles separately. 3. Bid Phase 3.1 Phase 1 A. Participate in Pre -Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C. Review All Pre -Bid Questions and Submissions D. Attend Bid Opening E. Revisions to Bid Documents F. Provide Letter to City Engineer on giving our Recommendation to whom to Award the Project to 3.2 Phase 2 A. Participate in Pre -Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C. Review All Pre -Bid Questions and Submissions D. Attend Bid Opening E. Revisions to Bid Documents F. Provide Letter to City Engineer on giving our Recommendation to whom to Award the Project to 4. Construction Phase 4.1 Phase 1 A. Participate in Pre -Construction Meeting - USI 452\ HOME \VELMAP\GEMSTREET\6266 W001 DRIDGE\CONSULTANT\CONTRACT SUMMARY EXHIBIT "B" Page 10 of 15 B. Review Shop and Working Drawings C. Provide Testing Schedule and Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Regular Visits to Site of Project (two per month) F. Prepare Change Orders as authorized by City G. Make Final Inspection with City staff H. Review and Assure Compliance with Plans and Specifications I. Review Construction "Red -Line" Drawings, Prepare Record Drawings J. Review and Prepare Monthly Construction Pay Estimates 4 2 Phase 2 A. Participate in Pre -Construction Meeting B. Review Shop and Working Drawings C. Provide Testing Schedule and Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Regular Visits to Site of Project (two per month) F. Prepare Change Orders as authorized by City G. Make Final Inspection with City staff H. Review and Assure Compliance with Plans and Specifications I. Review Construction "Red -Line" Drawings, Prepare Record Drawings J. Review and Prepare Monthly Construction Pay Estimates B. ADDITIONAL SERVICES Phase 1 1.1 Permitting A. TxDOT Permits/Coordination: Coordinate design construction with ties and local to Texas Department of Transportation (TxDOT) maintained roadways. B. NPDES Permit: Prepare NPDES Permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities. EXHIBIT "B" Page 11 of 15 •ISERS2\HOME\VELMAP\GENSTREET\6286 W OOLDRIDGE\CONSULTANTTCONTRACT SUMMARY C. Texas Department of Licensing & Regulations: A/E will pay all fees and coordinate with a local Registered Accessibility Specialist. 1.2 Right of Way Acquisition Survey Review and assist in acquisition. 1.3 Topographic Survey A. Provide limited additional design surveys. B. Provide limited construction verification surveys. 1.4 Environmental lssues 1.5 Construction Observation Services 1.6 Start -Up Services — Not Applicable 1.7 Warranty Phase 1.8 Provide SCADA Documentation — Not Applicable 1.9 Public Meeting Participate in public meetings (two — one for each phase) to coordinate with the community and to obtain community support for each project to include all necessary exhibits as directed by the City. 1.10 Sanitary Sewer Investigation Perform field investigation to identify problem lines and manholes. A. Televise Lines A/E will obtain a sanitary sewer cleaning and televising crew. Total estimated footage to televise is 5,100 linear feet. B. Manhole Inspection NE will perform cursory inspection of all sanitary manholes in the base bid area (approximately 12 manholes) and submit report in the Design Memorandum. 1.11 Subsurface Utility Investigation Field location of existing utilities using Texas One -Call System (Coordinate with appropriate City Operating Departments) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". The proposed subsurface utility investigation will be as follows: EXHIBIT "B" Page 12 of 15 USLRS2\HOMEVE LMAPAGEN\STREET T62 SS WOOL DRI DCI- CONSULTANT VCONTR CT SUMMARY 1. Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit using vacuum excavation. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. 2. Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. 3. Storm Water — Storm water facilities within the project limits will be located to Quality Level B. Locations will be based on the surveyed locations of accessible storm water manholes and drainage limits. 4. Wastewater — Wastewater facilities within the project limits will be located to Quality Level B. Locations will be based on the surveyed locations of accessible wastewater manholes except for critical locations which will require Quality Level A. 5. Water — Water facilities within the project limits will be located to Quality Level A. 6. Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. 7. Franchise Facilities — Coordinate with provider within the project limits to locate facilities to Quality Level A in critical areas. A/E will investigate areas of high probability of conflict with proposed improvements. 2. Phase 2 2.1 Permitting A. TxDOT Permits B. Wetlands Delineation and Permit C. NPDES Permit: Prepare NPDES Permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities. D. Texas Historical Commission (THC) E. U.S. Army Corps of Engineers (USACE) F. United States Environmental Protection Agency (USEPA) EXHIBIT "B" Page 13 of 15 n t ISE RS2\HOME\VELMAP\GEWSTREET\6266 WOOLDRIDGE\CONSULTANT\CONTRAGT SUMMARY G. Texas Department of Licensing & Regulations: A/E will pay all fees and coordinate with a local Registered Accessibility Specialist. 2.2 Right of Way Acquisition Survey Review and assist in acquisition. 2.3 Topographic Survey A. Provide limited additional design surveys. B. Provide limited construction verification surveys. 2.4 Environmental lssues 2.5 Construction Observation Services 2.6 Start -Up Services — Not Applicable 2.7 Warranty Phase 2.8 Provide SCADA Documentation — Not Applicable 2.9 Public Meeting Participate in public meeting (two — one for each phase) to coordinate with the community and to obtain community support for each project to include all necessary exhibits as directed by the City. 2.10 Sanitary Sewer Investigation Perform field investigation to identify problem lines and manholes. A. Televise Lines A/E will obtain a sanitary sewer cleaning and televising crew. Total estimated footage to televise is 4,100 linear feet for the base bid streets only. B. Manhole Inspection A/E will perform cursory inspection of all sanitary manholes in the base bid area (approximately 8 manholes) and submit report in the Design Memorandum. 2.11 Subsurface Utility Investigation Field location of existing utilities using Texas One -Call System (Coordinate with appropriate City Operating Departments) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". The proposed subsurface utility investigation will be as follows: EXHIBIT "B" Page 14 of 15 USE RS2\HOMEVELMAP\GENESTREET\6266 WOOLDRIDGECONSULTANT\CONTRACT SUMMARY 1. Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit using vacuum excavation. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. 2. Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. 3. Storm Water — Storm water facilities within the project limits will be located to Quality Level B. Locations will be based on the surveyed locations of accessible storm water manholes and drainage limits. 4. Wastewater — Wastewater facilities within the project limits will be located to Quality Level B. Locations will be based on the surveyed locations of accessible wastewater manholes except for critical locations which will require Quality Level A. 5. Water — Water facilities within the project limits will be located to Quality Level A. 6. Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. 7. Franchise Facilities — Coordinate with provider within the project limits to locate facilities to Quality Level A in critical areas. A/E will investigate areas of high probability of conflict with proposed improvements. 2.12 Mary Carroll Channel Bridge A. Design Phase — Contract documents, specifications, coordination with Texas Department Transportation (TxDOT) to complete local let for the Mary Carroll Channel Bridge. B. Bid Phase — Complete bid phase services for the Mary Carroll Channel Bridge. C. Construction Phase — Complete construction phase services for the Mary Carroll Channel Bridge. EXHIBIT "B" Page 15 of 15 USERS2\HOME \VELMAP\GEN\STREET\6266 WOOLDRIDGE\CONSULTANTCONTRACT SUMMARY yMpn,Iect \councdexh\6266&6267.dwg CORPUS CHRISTI BAY BUR Ate 0�0 PROJECT LOCATION PH 1 # 6267 F.M. 43 CO FM 2444 LOCATION MAP NOT TO SCALE PROJECT # 6266/6267 EXHIBIT "C" WOOLDRIDGE ROAD IMPROVEMENTS -PH 1 -FROM STAPLES ST TO AIRLINE RD -PH 2 -FROM AIRLINE RD TO RODD FIELD CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-12-2005 MOW IMP 11 vw RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE LOCAL LETTING AND CONSTRUCTION MANAGEMENT OF THE WOOLDRIDGE ROAD BRIDGE REPLACEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or his designee is authorized to execute Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation for the local letting and construction management of the Wooldridge Road Bridge Replacement Project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: August /' 2005. 7Jr`hn P. Burke, Jr. ssistant City Attorney For City Attorney InhnBurkeAOrdReso2005\RESO4 WoolridgeRoad 8 23 QS.Oa Corpus Christi, Texas of , 2005 The above resolution 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 IohnBurke\OrdReso2005\RESO4WoolridgeRoad 8 23 05.IIa 14 AGENDA MEMORANDUM City Council Action Date: August 23, 2005 SUBJECT: Senior Center Improvements 2004-2005 (CDBG) (Project No. 3283) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Zimmerman Construction of Burnet, Texas, in the amount of $171,000 for the Senior Center Improvements Project 200¢2005 (CDBG). ISSUE: The City's Senior Centers are widely used by citizens throughout the community and many of the centers are in need of several types of repairs and improvements. This project will make improvements to the following Senior Centers: Broadmoor, Ethel Eyerly, Greenwood, Lindale, Northwest, and Zavala. The project has been bid and City Council approval is required so that construction can begin. FUNDING: Funding is available from the FY 2005 Community Development Block Grant Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Support Material: Background Information Bid Tabulation Project Budget Location Map r1'\HOME' aclreee\GEN\PaMs 8 Rocrea(on\3283\Agenda Memo.doc igel R. Escobar, P.E. irector of Engineering Services eaniett- BACKGROUND INFORMATION SUBJECT: Senior Center Improvements 2004-2005 (CDBG) (Project No. 3283) PRIOR COUNCIL ACTION: 1. April 26, 2005 — Resolution adopting the FY2005 Consolidated Annual Action Plan (CAAP), which includes the Community Development Block Grant, Emergency Shelter Grant, and HOME Investments Partnership Programs; authorizing the City Manager or his designee to submit the CAAP to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or his designee to make changes in the CAAP if required by HUD. (Resolution No. 026237) PRIOR ADMINISTRATIVE ACTION: 1. January 20, 2005 - Administrative approval of a small agreement for architect/engineer consultant services with Chuck Anastos Associates Inc. in the amount of $20,000 for the Senior Center Improvements 2004-2005 (CDBG). 2. August 1, 2005 - Administrative approval of a small agreement for consultant services with All Points Environmental, LLC, in the amount of $2,676 for the Senior Center Improvements 2004-2005 (CDBG) — Limited Asbestos Survey. PROJECT BACKGROUND: The project consists of improvements at the following Senior Centers: • Broadmoor • Ethel Eyerly • Greenwood • Lindale • Northwest • Zavala PROJECT DESCRIPTION: The proposed project consists of work at the six (6) project sites: minor demolition; excavation and fill; site grading; termite control; poured in place concrete; asphalt repair; asphalt restoration/coating, exterior foundation/wall waterproofing; concrete repair/rehabilitation; masonry restoration and cleaning; parking lot striping; French drain and catch basin system; concrete coating; masonry sealing; roof repair; roof flashing replacement; gutter and downspout replacement/refinish; building expansion joint replacement; caulking; corrosion mitigation; exterior door repair/ replacement; exterior door hardware replacement; stucco repair/replacement; interior framing; gypsum board restoration/replacement; wall moisture control; interior finish restoration/replacement; painting and coating; ADA/TAS accessibility upgrades; and electrical wiring. BID INFORMATION: The City received proposals from four bidders on August 10, 2005 (see Exhibit "B" Bid Tabulation). The engineer's estimated construction cost is $206,082.99. The bid proposal consisted of the total base bid of improvements at the project sites plus three additive alternates as follows: H-\HOME\Aachene\GEMPa,ks & Recreation\3283\Agenda Background dac EXHIBIT "A" Page 1 of 2 • Additive Alternate No. 1 — Parking lot improvements at Oveal Williams, Greenwood, Zavala and Ethel Eyerly Senior Centers • Additive Alternate No. 2 — New entry doors and frame at Greenwood Senior Center; and fascia repairs, window frame repairs and facade improvements at Northwest Senior Center • Additive Alternate No. 3 — New French drain system and at Lindale and Greenwood Senior Centers; exterior siding replacement at Lindale; repair and replace roofing and roof curbs at Ethel Eyerly Senior Center. The total base bids range from $171,000 to $248,299. The total amount of CDBG funds available for this project for planning, design and construction are $215,806. Due to the limit on the amount of available funds, the consultant (Chuck Anastos) and City staff recommend that the construction contract be awarded in the amount of $171,000 for the total base bid only for the Senior Center Improvements 2004-2005 (CDBG). Since the planned improvements for the Oveal Williams Senior Center consisted of parking lot improvements under Additive Alternate No. 1, that center will not be included in this construction contract. CONTRACT TERMS: The contract specifies that the project will be completed in 150 calendar days with completion anticipated by the end of March 2006. '+'WOMEIRachelle\GENWarks & RecreatioM32B3Wgenda Background doc EXHIBIT "A" Page 2 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, August 10, 2005 ENGINEERS ESTIMATE: $206,082.99 TIME OF COMPLETION: 150 Cal. Days SENIOR CENTER IMPROVEMENTS PROJECT (PROJECT NO. 3283) Zimmerman Construction P.O. Box 366 Burnett, TX 78611 Sal -Con P.O. Box 71771 Corpus Christi, TX 78405 Elite Construction 5414 Pressler Corpus Christi, TX 78413 Barcom Commercial 1710 SPID Corpus Christi, TX 78416 ITEM DESCRIPTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID Consisting of all work at seven project sites, as shown and in accordance with the plans, specifications and contract documents, complete and in place per LUMP SUM. 3171,000.00 $171,000.00 $189,000.00 $189,000.00 3194,212.00 $194,212.00 $248,299.00 $248.299.00 TOTAL BASE BID (Bid Item 1) 3171,000.00 3189,000.00 3194,212.00 $248,299.00 ADDITIVE ALTERNATE BID 11 At Consists of parking lot improvements at Oveal Williams Senior Center, Greenwood Senior Center, Zavala Senior Center and Ethel Eyeny Senior Center; complete and in place per LUMP SUM. $74,000.00 $74,000.00 323.000.00 $23,000.00 382,280.00 $82,280.00 $32,928.00 $32,928.00 TOTAL ADDITIVE ALTERNATE BIDS 1 (Bid Item A1) $74,000.00 323,000.00 382,280.00 332,928.00 ADDITIVE ALTERNATE BID 42 Consists of new entry doors and frame at Greenwood Senior Center; and fascia repairs. window frame repairs and facade improvements at Northwest Senior Center; complete and In place per LUMP SUM. $7,630.00 $7,630.00 $14,300.00 $14,300.00 325,760.00 $25,760.00 $15,427.00 $15,427.00 TOTAL ADDITIVE ALTERNATE BID 9 2 (Bid Item A2) 37,630.00 314,300.00 $25,760.00 $15,427.00 ADDITIVE ALTERNATE 810 13 A3 Consists 01 a new French drain system and exterior siding replacement at Lindale Senior Center, new French drain system at Greenwood Senior Center, and repair and replace roofing and roof curbs at Ethel Eyedy Senior Center; complete and in place per LUMP SUM. 314,665.00 $14,665.00 $32,540.00 332,540.00 $43,040.00 $43,040.00 $37,837.00 $37,837.00 TOTAL ADDITIVE ALTERNATE BID 4 3 (Bid Item A3) 314,665.00 $32,540.00 $43,040.00 $37,837.00 TOTAL BASE BID (Bid Item 1) 9171,000.00 3189,000.00 5194,212.00 3248,299.00 TOTAL BASE BID +ADDITIVE BID ALTERNATE 91 (Bid Item 1 plus Bid Item 41) 3245,000.00 $212,000.00 $276,492.00 $281,227.00 TOTAL BASE BID + ADDITIVE BID ALTERNATE #1 + ADDITIVE BID ALTERNATE 12 (Bid Item 1 plus Bid Item Al plus Bid Item A2) 3252,630.00 $226,300.00 3302,252.00 $296,654.00 TOTAL BASE BID + ADDITIVE BID ALTERNATE 91 + ADDITIVE BID ALTERNATE 92 « ADDITIVE BID ALTERNATE #3 (Bid Item 1 plus Bid Item Al plus Bid Item A2 plus BId Item A3) 3267,295.00 $258,840.00 $345,292.00 $334,491.00 EXHIBIT "B" Page 1 of 1 PROJECT BUDGET SENIOR CENTER IMPROVEMENTS 2004-2005 (CDBG) Project No. 3283 August 23, 2005 FUNDS AVAILABLE: Community Development Block Grant $215,165.00 FUNDS REQUIRED: Construction (Zimmerman Construction) $171,000.00 Contingencies (10%) 17,100.00 Consultant (Chuck Anastos Associates Inc.) 20,000.00 Testing (All Points Environmental Inc.) 2,676.00 Engineering Reimbursements 4,389.00 Total $215,165.00 Ft' \HOME\Pacllelle\GEN\Parks & Recreation 3283\PROJECT BUDGET EXHIBIT "C" Page 1 of 1 �MF'rp)e..t exh,brts\exh 7100.Owg 624 NORTHWEST SENIOR] CENTER J OVEAL WILLIAMS SENIOR CENTER ZAVALA SENIOR CENTER BROADMOOR SENIOR CENTER LINDALE SENIOR CENTER ETHEL EYERLY SENIOR CENTER GREENWOOD SENIOR CENTER A LAGUNA MADRF 2444 PROJECT No. 3283 LOCATION MAP NOT TO SCALE VMIELIP uD 1 F GULF 01 ME/10D EXHIBIT "D" SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/16/2005 15 CITY COUNCIL AGENDA MEMORANDUM DATE: August 23, 2005 SUBJECT: O. N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2005-2006 (Project No. 8541) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to C. W. Campbell Electric, Inc. from Corpus Christi, Texas in the amount of $185,400 for the O. N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2005-2006. ISSUE: The O. N. Stevens Water Treatment Plant requires consistent maintenance of instrumentation in order to provide safe drinking water and comply with state and federal standards for the treatment and delivery of potable water. FUNDING: Funds to finance the proposed project are available in the Water Department Operating Budget. i' MMEN DATION: Staff recommends approval of the Motion as presented. ifir 41..4. n7 .,/ duardo Garana, Director of Water Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map ' USERS2\HOME\VELMAP\GEN\WATER\O N S W TP\8541 ‘AGENDA MEMO ,� £1• %-✓ /i9/ar gel R. Escobar, P. E., 'rector of Engineering Services BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2005-2006 (Project No. 8541) PRIOR COUNCIL ACTION: 1 July 26, 2005 — Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget (Ordinance No. 026385). PRIOR ADMINISTRATIVE ACTION: 1 May 25, 2005 — Approval of an A/E Agreement in the amount of $24,500 with Colwell & Associates, Inc. for the O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2005-2006. BACKGROUND INFORMATION: The water treatment process at the O.N. Stevens Water Treatment Plant requires operating, monitoring, and maintaining of various quality analyzers and related instrumentation that ensure compliance with state and federal standards for potable water quality. Additional instrumentation is required to monitor the raw water supply delivery system and distribution system operations. The Water Department conducts an On -Going Instrument Maintenance Program that provides system reliability by scheduling annual maintenance of essential pumping units located throughout the water system. PROJECT DESCRIPTION: This project consists of providing for one calendar year (12 calendar months) of preventive maintenance services for instrumentation, analyzers, laboratory instruments, personal computers (PC's) that are part of the site SCADA system, Programmable Logic Controllers (PLC's), and SCADA equipment at the O. N. Stevens Water Treatment Plant, the Smith Drive River Station raw water pumping facility located on the Nueces River and at three (3) remote site locations throughout the City's Water Distribution System; all in accordance with the plans, specifications and contract documents. The three (3) remote site locations are as follows: 1 Rand Morgan Road at IH 37 2 Magee Lane (north and south) 3 Cunningham Plant BID INFORMATION: The City received proposals from two (2) bidders on August 3, 2005. See Exhibit "B" Bid Tabulation. The bids range from $185,400 to $211,692. The Engineer's estimated construction cost for the project is $250,000. The City's consultant, Colwell & Associates, Inc., and City staff recommends that the Total Base Bid be awarded G iSERS2\HOME\VELMAP\GEN\WATER\ONSWTP\8541\AGENDA BACKGROUND EXHIBIT "A" Page 1 of 2 In the amount of $185,400 to C. W. Campbell Electric, Inc. of Corpus Christi, Texas for the O. N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2005-2006. CONTRACT TERMS: The contract specifies that the project will be completed in 365 calendar days, with completion anticipated by August 2006. FUNDING: Funds to finance the proposed project are available in the Water Department Operating Budget. EXHIBIT "A" Page 2 of 2 '.USERS2\HOMENELMAP\GEN\WATER\ONSW TP\854l\AGENDA BACKGROUND TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI BIDS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services BID DATE: Wednesday, August 3, 2005 Engineers Estimate: $250,000.00 Calendar Da s: 365 0. N. STEVENS WATER TREATMENT PLANT ON-GOING INSTRUMENT MAINTENANCE PROGRAM FY 2005-2006 PROJECT NO. 8541 C. W. Campbell 802 Cantwell Lane Corpus Christi Electric, Inc TX 78408 Rabelais I & E 11200 Up River Corpus Christi Constructors Road TX 78410 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID - SECTION 1 1A Annual Preventive Maintenance Services for Field and Board Instrumentation at the 0. N. Stevens Water Treatment Plant, complete in place. including labor and supervision for required installation of spare parts and other miscellaneous components per Monthly Lump Sum. 12 Month I S $11,900.00 $142,800.00 $14,331.00 $171,972.00 18 MANDATORY allowance for spare parts and other miscellaneous components furnished by Contractor to be invoiced at Contractor's cost plus fifteen percent (15%) mark-up. 1 L. S $25,000.00 $25,000.00 $25,000.00 $25,000.00 BASE BID - SECTION 1 $167,800.00 $196,972.00 BASE BID - SECTION 2 2A Services to update City's Instrumentation Data Base, complete and in place per project specifications and contract documents. 200 HR. $55.00 $11,000.00 $46.00 $9,200.00 2B Services to update City's Instrumentation Loop Diagrams, complete and in place per project specifications and contract documents. 120 HR. $55.00 $6,600.00 $46.00 $5,520.00 BASE BID -SECTION 2 $17,600.00 $14,720.00 TOTAL BASE BID BASE BID -SECTION 1: (1A + 1B) $167,800.00 $196,972.00 BASE BID - SECTION 2: (2A + 28) $17,600.00 514,720.00 TOTAL BASE BID $185,400.00 5211,692.00 a Supplemental Bid Proposal Cost Allowance For Additional Preventive Maintenance Services Cost Allowance for additional services to update City's instrumentation data base, per hour 1 HR. $55.00 $55.00 $46.00 $46.00 2 Cost Allowance for additional services to update City's Loop Diagrams, per hour. 1 HR. $55.00 $55.00 $46.00 $46.00 Page 1 of 1 EXHIBIT "B" Page 1 of 1 PROJECT BUDGET O. N. STEVENS WATER TREATMENT PLANT ON-GOING INSTRUMENT MAINTENANCE PROGRAM FY 2005-2006 Project No. 8541 August 23, 2005 FUNDS AVAILABLE: Water Operating $234,940.00 FUNDS REQUIRED: Construction (C. W. Campbell Electric, Inc.) $185,400.00 Contingencies (10%) 18,540.00 Consultant (Colwell & Associates, Inc.) 24,500.00 Engineering Reimbursements 5,000.00 Misc. (Printing, Advertising, etc.) 1,500.00 Total $234,940.00 H \USERS2IHOM EVE EMAP\GEN\WATER\ONS W TP\B541\PROJECT WIDGET EXHIBIT "C" Page 1 of 1 Il e DitS VexDb3S %.awy CUNNINGHAM PLANT toeces RIVER F M. 624 SMITH RD RIVER STATION MAGEE LN (north & south) RAND MORGAN RD at IH 37 r 0 0 U O. N. STEVENS WATER TREATMENT PLANT LOCATION PROJECT No. 8541 LOCATION MAP NOT TO SCALE AGNES AIRPORT EXHIBIT "D" O.N. STEVENS WATER TREATMENT PLANT ON-GOING INSTRUMENT MAINTENANCE PROGRAM FY 2005-2006 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/17/2005 IMP 16 AGENDA MEMORANDUM City Council Action Date: August 23, 2005 SUBJECT: O. N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance FY 2005-2006 (Project No. 8533) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Rabalais I&E Constructors from Corpus Christi, Texas in the amount of $97,888 for the O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance FY 2005-2006. ISSUE: The O.N. Stevens Water Treatment Plant requires consistent generator testing and maintenance in order to provide safe water supplies and comply with state and federal standards for the treatment of potable water. FUNDING: Funds to finance the proposed project are available in the Water Department Operating Budget. R _s! MENDAT • N: /- -1 - Staff recommends approval of the motion as presented. sr - E 9aL' Rpets- duardo Gar a, P.E. g4f F'i. Escobar, P.E. Director of Water Department rector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H'FIOME\Rachelle\GEN\W ater\ON Stevens\8533\Construction\A9enda Memo. clot AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance (Project No. 8533) PRIOR COUNCIL ACTION: 1 February 11, 2003 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Rabalais I & E Constructors of Corpus Christi, Texas, in the amount of $58,102 for the O. N. Stevens Water Treatment Plant On - Going Generator Testing and Maintenance. (Motion No. M2003-048) 2 February 11, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Agreement For Architect/Engineer Consultant Services with Onyx Engineering, Inc. of Corpus Christi, Texas in the amount of $23,974, for a total re -stated fee of $46,909 for the O. N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance. (Motion No. M2003-049) 3 April 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a one-year option to a construction contract with Rabalais I&E Constructors of Corpus Christi, Texas, in the amount of $58,102 for the O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance. (Motion No. 2004-139) 4 April 13, 2004 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the agreement for architect/engineer consultant services with Onyx Engineering, Inc. of Corpus Christi, Texas in the amount of $26,374, for a total re -stated fee of $73,283 for the O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance. (Motion No. 2004-140) July 26, 2005 — Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2005, to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 026385) PRIOR ADMINISTRATIVE ACTION: 1 October 2, 2002 — Approval of an A/E agreement in the amount of $22,935 with Onyx Engineering, Inc. for O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance. BACKGROUND INFORMATION: In the event of the loss of normal power supply, the alternate power supply system at the O.N. Stevens Water Treatment Plant is critical to the operation of the City's water distribution system. On June 20, 2000 the City contracted with Rabalais I & E Constructors to construct the Alternate Power Supply System. The alternate power supply system allows the water distribution system to deliver water throughout the City to its water customers. Essential to the continuous operation of the alternate power supply system is routine maintenance of three (3) 2000 kW diesel driven 4160 v generators. These generators are capable of supplying power to operate treatment facilities and high service pumps. The equipment manufacturer of the generators, ONAN, has provided the City with a five (5) year warranty conditional upon regular inspections, maintenance, and testing. The proposed project is necessary to keep the alternate power supply system performing at optimal levels and ensure warranty compliance. q'\HOME' achelle GEN WaterON Stevens18533\Construction'oenda Background doe LEXHIBIT "A" Page 1 of 2 PROJECT DESCRIPTION: This project consists of one calendar year (twelve months) inspection, maintenance and testing for the O.N. Stevens Water Treatment Plant alternate power supply system which shall include scheduled inspection, maintenance and testing services, corrective non -warranty services and emergency call -out services for the three (3) 2000 kW engine -generator sets, associated local/master control panels and engine - generator set control system. BID INFORMATION: The City received a proposal from one (1) bidder (Rabalais I&E Constructors) on August 10, 2005 (see Exhibit "B" Bid Tabulation) with a total base bid amount of $97,888. The engineer's estimated construction cost for the project is $79,220. The City's consultant, Onyx Engineering Inc., noted that the Rabalais bid is 23.5% higher than the estimate overall. However, for the actual work that shall be performed during the first calendar year, the Rabalais bid is within 20% of the estimate for that work. The consultant also contacted two other potential bidders to inquire why they did not bid on this project. Bradley's said they chose not to bid since most of the scope of the work would be subcontracted if they were awarded the project. Stewart & Stevenson concluded that subcontracting Southern Plains Power for certain work items would be too difficult administratively. Consequently, the consultant is recommending award of the project to Rabalais I&E Constructors for the total base bid amount of $97,888. CONTRACT TERMS: The contract specifies that the project will be completed in 360 calendar days. H. WOMEViachelle\GEN\WatenON Stevens\2533\ConstructIonWpenda Background. doe EXHIBIT "A" Page 2 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, August 10, 2005 ENGINEER'S ESTIMATE: TIME OF COMPLETION: $79,220.00 1 Calendar Year O, N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance (Project No. 8533) Rabelais l&E Constructors P. O. Box 10366 Corpus Christi, TX 78460 ITEM DESCRIPTION OTT. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Nine (9) monthly and six (6) twice per month inspection (= total of [15) tests), testing and maintenance services for three (3) 2000 kW engine generator sets, associated local/master control panels and engine generator set control system, complete in place per lump sum. 1 L.S. $27,632.00 $27,632.00 2 (1) annual inspection, testing and maintenance services one (1) time per year for three (3) 2000 kW engine generator set, associated IocaVmaster control panels and engine generator set control system, complete in place per lump sum. 1 L.S. $18,164.00 $18,164.00 3 Three year Inspection, Testing and Maintenance Services one (1) time every three (3) years for three (3) 2000 kW Engine -Generator Sets, Associated LocaVMaster Control Panels and Engine -Generator Set Control System per TS - M4, complete in place per Lump Sum. 1 L.S. $18,342.00 $18,342.00 4 Schedule, non -warranty corrective maintenance services for three (3) 2000 kW engine generator sets, associated local/master control panels and engine generator set control system, complete in place per hour. 125 HR. $86.00 $10,750.00 5 Emergency call out, non -warranty maintenance services for three (3) 2000 kW engine generator set, associated local/master control panel and engine generator set control system, complete in place per hour. 100 HR. $130.00 $13,000.00 6 Allowance miscellaneous engine fluids and spare parts that are not part of the scope of the contract Items to be billed at Contractor's cost plus 15%, complete in place per lump sum. 1 L.S. • $10,000.00 $10,000.00 Total Base Bid (Bid Items 1-6) $97,888.00 EXHIBIT "B" Page 1 of 2 O. N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance (Project No. 8533) Rabelais I&E Constructors P. O. Box 10366 Corpus Christi, TX 78460 ITEM I DESCRIPTION I QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Supplemental Bid Proposal Cost Allowance for Additional Maintenance Services 1 Cost Allowance tor additional corrective and/or emergency call -out services Engine -Generator Set Inspection, Testing and Maintenance Services per hour. 1 HR. $130.00 $130.00 2 Cost Allowance for additional electrical testing services per hour. 1 HR. $86.00 $86.00 EXHIBIT "B" Page 2 of 2 PROJECT BUDGET O. N. STEVENS WATER TREATMENT PLANT ON-GOING GENERATOR TESTING AND MAINTENANCE FY 2005-2006 Project No. 8533 August 23, 2005 FUNDS AVAILABLE: Water Operating $136,836.00 FUNDS REQUIRED: Construction (Rabalais I&E Constructors) $97,888.00 Contingencies (10%) 9,789.00 Consultant (Onyx Engineering) 24,538.00 Engineering Reimbursements 3,356.00 Misc. (Printing, Advertising, etc.) 1,265.00 Total $136,836.00 H:VIOMEWachelle\GEN \W ateDON Stevens \B533Constmction\PROJECT BUDGET EXHIBIT "C" Page 1 of 1 \Mproject \Louncdexhibits \exh8533.dwg 10 r ( / O N STEVENS WATER PLANT LOCATION ACNES CORPUS CHRISTI INTER. AIRPORT LOCATION MAP NOT TO SCALE PROJECT No. 8533 EXHIBIT "D" O.N. STEVENS WATER TREATMENT PLANT ON-GOING GENERATOR TESTING AND MAINTENANCE FY 2005-2006 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/16/2005 ROMP MIN air MPS 17 AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: a. Ordinance appropriating $43,813.95 in the Airport Capital Reserve Fund 4611; transferring and appropriating $32,813.95 into the Airport CIP Fund -Capital Reserve Fund 3020A for Engineering Services for Airport improvements associated with Runway 17-35; amending FY 2005-06 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $43,813.95; and declaring and emergency. b. Motion authorizing the City Manager, or his designee, to execute an architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Irving, Texas in an amount not to exceed $536,278 for multiple Airport Improvement Projects including Runway 17/35 Shoulders and Blast Pads, Improve Airport Drainage — Phase 4/New ACTC, Runway 17/35 Lighting and Cable Improvements and Apron Pavement Repair. (Project No. 10001) FUNDING: Funding is available from Airport Capital Improvement Fund and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map H: \HOME\KE VINS\GEN\AIR\20041mprovements\17-35\AEAwdMemo.doc R Win . Escobar, P. E. 'rector of Engineering Services BACKGROUND INFORMATION PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: ADDITIONAL INFORMATION: The City has successfully utilized a multi-year engineering contract to take advantage of year end FAA Discretionary funds. The FAA typically requires that a contract be awarded and the funds encumbered prior to the end of their fiscal year. The ability to meet these time constraints requires that the City have a consultant already under contract. The consultant can be authorized to proceed with such projects as funding becomes available. CONSULTANT SELECTION: A Request for Proposals was issued listing the projects which may be undertaken during the next five years. Proposals were received January 9, 2004 from six teams. PGAL was selected and awarded a contract for several projects in 2004 which are presently under construction. CONTRACT SUMMARY: This contract provides engineering services for the second year of projects under the issued RFP. The FAA has identified the projects included in the contract as projects that are intended to be funded in 2006. This complexity of the multiple project and multi-year format generated a need to have each year's contract as a separate new contract rather than an amendment. The four initial projects that will be bid during FY2005-2006 are: • Runway 17/35 Shoulders and Blast Pads; • Airfield Drainage Improvements, Phase 4 and New ATCT Channel; • Runway 17/35 Lighting and Cable Improvements; and • Apron Pavement Repair. The schedule for completion of the remaining projects will be established as funding is identified. The other projects which are programmed and anticipated to be undertaken in the future include: • Terminal Modifications for EDS Equipment; • Construct Runway Extension 13/31 — Design Only; • Update Airport Master Plan Study (ALP, ETC.); • Improve Airport Drainage — Phase 5 (Southwest/Line C); • Extend Runway 13/31 — Construction; • Rehabilitate Runway 17/35; and A contract summary is attached. See Exhibit C. FUNDING: Funding is available from the FAA Grants and Airport CIP Funds. FAA Grants will fund 95% of the cost for this contract. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. EXHIBIT A Page 1 of 1 \HOME\KEVI NS\GE N\AIR\20041 mprovements\17-35\AEAwdBkgExhA doc EXHIBIT B CONTRACT SUMMARY A. Basic Services 1 Preliminary Phase. The ArchitecUEngineer-A/E will: 1) It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design memorandum which includes Preliminary designs, drawings, and written description of the project. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. study, verify, and implement design memorandum recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff; b. prepare seven (7) sets of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis; c. provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services); d. prepare final quantities and estimates of probable costs and probable construction schedule; e. furnish 7 -copies of 60% plans and bid documents to the City staff and FAA for review and approval purposes with estimates of probable construction costs. Required with the 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Sizes, Dimensions or Thicknesses • Materials, etc. • Why one material is selected over another • Pluses of selections • Dimensional requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why EXHIBIT "B" Page 1 of 5 -4 ‘HOME \KEVINS\GEN\AIR\20041mprovements\17-35\AEAwdExhBSum.doc • Constructability, etc. • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. furnish complete construction and bid documents including specifications for City staff and FAA review and approval. Provide 7 copies of 90% (optional upon City request) and 100% complete plans and bid documents to the City staff and FAA for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants; g. provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60%, 90% (optional), and 100% complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant NE and Sub -consultant NE shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc; h. if required, provide aircraft traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City staff and FAA circulars; i. upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. j. the City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans; k. assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed; I. prepare and submit monthly status reports with action items developed from monthly progress and review meetings; m. provide a Storm Water Pollution Prevention Plan; and 3. Bid Phase. The A/E will: a. participate in the pre-bid conference; EXHIBIT "B" Page 2 of 5 H \HOME\KEVINS\GEN AIR\2004Improvements\17-35\AEAwdExhBSum.doc b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. 4. Construction Phase. The NE will perform contract administration to include the following: a. participate in pre -construction meeting; b. review for conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d. provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; e. make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction; f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; h. as applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - y \HOME\KE VINS\GEMAIR120041mprovements\17-35 AEAwdExhBSum.doc EXHIBIT "B" Page 3 of 5 GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks; and, i. review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. B. Additional Services (ALLOWANCE) The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 2. Runway Re -commissioning. Provide FAA services necessary to reopen and re- commission the runway. FEES Summary of Fees Fee for Basic Services Task Total 1. Preliminary Phase 119,850 2. Design Phase 277,420 3. Bid Phase 21,015 4. Construction Phase 90,920 Subtotal Basic Services Fees 509,205 Fee for Additional Services (Allowance) r EXHIBIT "B" Page 4 of 5 R: V-IOMEXE VINS\GEMAI R\2004Improvements\17-35\AEAwdExhBSum.doc B.1 Permit Preparation (as applicable) Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TCEQ Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting p B.2. Topographic Survey 27,073 B.8. FAA Airspace Projects (FAA Form 7460) 0 Sub - Total Additional Services Fees Authorized 27,073 Total Authorized Fee 536,278 EXHIBIT "B" Page5of5 H \HOME\KEVINS\GEN\AIR\20041mprovemenis\17-35\AEAwdExhBSum.doc re \MprcJect y councitexhibits\exh 1092.dwg Y 624 RIVER San Patricio County Nueres ea�o ®1'. relf i N CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATION MAP NOT TO SCALE CESAR CHAVEZ BLVD. HWY 44 AGNES RD. SITE PLAN NOT TO SCALE CITY PROJECT No. N MD 'E 1 EXHIBIT "C" MULTIPLE AIRPORT IMPROVEMENTS PROJECTS INCLUDING RUNWAY 17/35 SHOULDERS AND BLAST PADS, IMPROVE AIRPORT DRAINAGE- PHASE 4/NEW ACTC, RUNWAY 17/35 LIGHTING AND CABLE IMPROVEMENTS AND APRON PAVEMENT REPAIR CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-23-2005 Maw ORDINANCE ORDINANCE APPROPRIATING $43,813.95 IN THE AIRPORT CAPITAL RESERVE FUND 4611; TRANSFERRING AND APPROPRIATING $32,813.95 INTO THE AIRPORT CIP FUND -CAPITAL RESERVE FUND 3020A FOR ENGINEERING SERVICES FOR AIRPORT IMPROVEMENTS ASSOCIATED WITH RUNWAY 17-35; AMENDING FY 2005-2006 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026385 TO INCREASE APPROPRIATIONS BY $43,813.95; AMENDING FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE APPROPRIATIONS BY $32,813.95; AND DECLARING AND EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $43,813.95 is appropriated in the Airport Capital Reserve Fund 4611. SECTION 2. Transferring and appropriating $32,813.95 into the Airport CIP Fund - Capital Reserve Fund 3020A for Engineering Services for Airport improvements associated with runway 17-35. SECTION 3. The FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 is amended to increase appropriations by $43,813.95. SECTION 4. The FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 is amended to increasing appropriations by $32,813.95 SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: August /5' , 2005 Jshn P. Burke, Jr. (,Assistant City Attorney For City Attorney IohnBurkeAOrdReso2005VORDAppm4Runway1735.11a 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 City of Corpus Christi 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 JohnBurkeAOrdReso2005VORDAppro4Runway 1735.IIa 18 AGENDA MEMORANDUM DATE: August 23, 2005 SUBJECT: Sidewalk Accessibility Improvements Project No. 6151 AGENDA ITEM: a. Ordinance appropriating $26,557.92 from interest earnings into the Street 2001 CIP Fund No. 3540 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation; amending the Capital Budget adopted by Ordinance No. 025188 by increasing appropriations by $26,557.92; and declaring an emergency. D Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Change Order No. 10 in the amount of $217,058.97 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. ISSUE: The Advanced Funding Agreement requires the City to pay for project overruns. The increase in cost is for work on Santa Fe Street. FUNDING: Funding is available in the Street CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" TXDOT Request for Additional Funding Exhibit "C" Location Map \HOME\KEVINS\GEN\STREETS\6151VariousADA\CO10MemoAwd.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Sidewalk Accessibility Improvements Project No. 6151 PRIOR COUNCIL ACTION: November 14, 2000 — Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2 June 19, 2001 - Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024478). 3 August 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024555). 4 November 20, 2001 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $240,900 for construction of barrier free ramps and sidewalks at selected street intersections associated with the Sidewalk Accessibility Improvements project. PRIOR ADMINISTRATIVE ACTION: 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. 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. March 22, 2005 — a. Ordinance appropriating $3,682.45 from interest earnings into the Street 1995 B CIP Fund No. 3538 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $3,682.45: and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Exhibit A Page 1 of 2 \HOME\KE V I N S\GE MSTR EETS\6151Var,ousADA\C O108kgExhA. doc Transportation (TxDOT) in the estimated amount of $216,355.10 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. FUTURE COUNCIL ACTION: Additional increases in escrow funds may be necessary as project proceeds to completion. PROJECT DESCRIPTION: This program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disability Act (ADA). This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP). The project is currently scheduled for an August, 2004 letting. The selected street sections include, in order of priority: • Alameda Street from Louisiana Parkway to Doddridge; • Santa Fe Street from Doddridge to Robert Street; • Weber Road from South Staples to South Padre Island Drive; and CHANGE ORDER: The Change Order addresses additional quantities of bid items that were modified to address field conditions. The items include increases in the amount of square yards and linear feet of removed curb and gutter, removal of driveways, cut and restoration of pavement, replacement driveways, concrete sidewalks, curb ramps and landings. Much of the work was necessary to restore improvements that were not identified on the plans such as irrigation systems. Some of the changes were necessary to allow residents to access driveways without bottoming out on the street. The changes also ensured the finished product was satisfactory to the residents. Approval of the change order is necessary to pay the contractor before they progress to the next phase. FUNDING: The City will approach the MPO determine the level of support available. The MPO policy limits funding above the original project to approximately 16% of the additional costs subject to availability of funds. This could result in the City being reimbursed up to $34.729.43 by the MPO. - HOME\KEVINS\GEN\STREETS\ 6151Var,ousADA\C0108kgExhAAoc Exhibit A Page 2 of 2 Ar Texas Department of Transportation P.O. Box 990' - Corpus Christi, Texas 78469-9907 - (361)808-2500 - Fax (361)808-2320 July 6, 2005 Mr Angel R. Escobar, P.E Director of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Project: STP 2000(128)MM Control: 0916-35-072 Highway S. Alameda St., Santa Fe St., Weber Rd. County: Nueces RE CHANGE ORDER #10 — Santa Fe Project Overruns Dear Mr. Escobar- Reference scobar Reference my previous letter dated June 13, 2005 concerning overruns on Santa Fe Street. Be advised that, in agreement with City of Corpus Christi representatives, project quantities on this street have been overrun due to miscellaneous differences in field conditions, errors in the plans, additional work desired by the City, and for public relations improvements. This project is divided into three (3) separate locations of work, Santa Fe is now 99% complete and Alameda Street has begun. At this time, the Texas Department of Transportation (TxDOT) requires that these overruns be addressed so that work at the remaining locations can continue with funding. Enclosed with this letter is an Advanced Funding Agreement (Third Party Funding) that requests payment for Change Order #10. Change Order #10 is being executed to adjust overrun quantities of work done at Santa Fe Street. Also included with this funding request is a colored set of plan sheets that illustrate the overrun locations. The additional work adjustments have resulted in an overrun of funds in the amount of $198,227.37 (not including E&C costs). This work is being done to meet the Americans with Disabilities Act of 1977. Please sign and return the Advanced Funding Agreement (Third Party Funding) Information if you concur with the change order prices and assessments. Please forward the check in the AFA amount to Pete Stricker, P.E. the District Plan and Design Engineer at 1701 S. Padre Island Dr., Corpus Christi, TX 78416. If you have any questions regarding this matter, please feel free to call Robert lsassi at (361)808- 2208 or (361)533-6257 or myself at (361)808-2261. Sincerely, Martin C. Horst, P.E. Area Engineer Corpus Christi Area Office MCH:rgi Attachments CC: Jose Gaytan, P.E. — Director of Construction, TxDOT Corpus Christi District Guadalupe L. Rocha — Project Manager, City Of Corpus Christi Arturo Casillas, C.E.O. — Nuway International, Inc. An Equal Opportunity Employer Exhibit B Page 1 of 2 TEXAS DEPARTMENT OF TRANSPORTATION CHANGE ORDER NUMBER: 10 Advance Funding Agreement (Third Party Funding) Information This form Is used when the subject change order Involves funding by a source other than TxDOT/U.S. DOT. . Outside funding provided by: City of Corpus Christ[ (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: [ Check one ] [i Existing ❑ Amended ❑ New 3. Indicate the type and amount of funding: ❑ Fixed Price (Lump Su (Estimated Amount: E Actual Cost CCSJ: 0916-35-072 Protect: STP 2000(128) MM Highway: Alameda, Santa Fe, County: Nuecea District: CRP Contract Number: 9163572 Use as needed: (a) Contract Items (Bid Items): $198,227.37 I hereby approve the modifications covered by Form CO for this Change Order and agree (b) E&C': (a) x 9.50^/ (enter %)_ $18,831.60 to finance the additional costs, 0 any, as reflected by this form. (c) Indirect Cost": (a+b) x TOTAL [enter %[. $0.00 $217,058.97 Advance Funding By Date ei/ Type/Printed Name Typed/Printed Title The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project from approximately 6% to 11% depending on the contract amount of the project. Projects with higher contract amount will have the lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of 'Engineering and Contingencies' in the 'Estimated Cost' of the project. Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Advance Funding for this Change Order has been arranged: District Engineer Date Typed/Printed Name: TXDOT Form CO-AFA 5-98R Exhibit B Page 2 of 2 project ou )cilexhibits\exh675 IA. dwg PROJECT No. 6151 LOCATION MAP NOT TO SCALE EXHIBIT "C" SIDEWALK ACCESSIBILITY IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:08/23/2005 .ter.. r ORDINANCE APPROPRIATING $26,557.92 FROM INTEREST EARNINGS INTO THE STREET 2001 CIP FUND NO. 3540 FOR THE ADVANCED FUND AGREEMENT SIDEWALK ACCESSIBILITY IMPROVEMENT PROJECT WITH TEXAS DEPARTMENT OF TRANSPORTATION; AMENDING THE FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $26,557.92; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $26,557.92 is appropriated from interest eamings into the Street 2001 CIP Fund No. 3540 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation. SECTION 2. The FY 2004-2005 Capital Budget adopted by ordinance no. 026188 is amended by increasing appropriations by $26,557.92. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: August /P , 2005 „•' 62 J hn P. Burke, Jr. ssistant City Attorney For City Attorney John Burke\OrdReso2005\ORDAppro4SidewalkAccesslmprove.Ila 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 City of Corpus Christi 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 John Burke \OrdReso2005\ORDAppro4SidewalkAccesslmprove.11a 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 23, 2005 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $179,100 for the Wholesale Raw Water SCADA Improvements - 2005 Project. (Project No. 8547) ISSUE: The existing telemetry systems do not provide reliable measurement and acquisition of raw water diversion information needed for billing wholesale water customers and for planning water releases from upstream reservoirs. FUNDING: Funding is available from the Water CIP Fund (Commercial Paper). CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. IG 14✓ 5//fr -i tC� tel- �j0114:4 9, 04)5 Are1 R. Escobar, P.E. [sate Eduardo Garatia, E. 'Date D rector, Engineering Services Director, Water Services Attachments: Exhibit A: Background Information Exhibit B: Contract Summary Exhibit C: Location Map H \HOME\KEVINS\GEN MATER \8547 SCADA 2005\AEAwdMemo.doc BACKGROUND INFORMATION SUBJECT: Wholesale Raw Water SCADA Improvements — 2005 (Project No. 8547) ADDITIONAL INFORMATION: Reliable measurement and acquisition of raw water diversion data is necessary for accurate billing of raw water customers and planning water releases. The existing telemetry systems do not provide reliable measurement and acquisition of raw water diversion information needed. The wholesale raw water customers consume large quantities of water which increases the importance of accurately measuring their consumption. The City sells raw water to several wholesale customers along the Nueces River and the City reservoirs. Those customers include: • City of Mathis Raw Water Intake Pump Station; • City of Beeville Raw Water Intake Pump Station; • San Patricio Municipal Water District Mary Rhodes Pipeline Raw Water Diversion; • San Patricio Municipal Water District Nueces River Water Intake Pump Station; • Flint Hills Refinery Raw Water Intake Pump Station; • Celanese Refinery Raw Water Intake Pump Station; • Mary Rhodes Pipeline Raw Water Intake Pump Station at Lake Texana; and • O.N. Stevens Water Treatment Plant Raw Water Metering Vaults. The Water Department has made a number of improvements to its raw water meters and the raw water SCADA systems. Freese and Nichols provided the engineering services to upgrade raw water SCADA control and security systems. They also provided services to upgrade and calibrate the raw water meters. The highly technical nature of SCADA software requires that any modifications be compatible with the existing system. Modifications can be best prepared by the individuals that designed the original SCADA system. CONTRACT DESCRIPTION: A summary of the contract is attached. See Exhibit B. H \HOME\KEVINS\GEN\WATER\8547 SCADA 2005\AEAwdBkgExhA.doc Exhibit A Page 1 of 1 I. SCOPE OF SERVICES Additional Services: This section identifies additional services that are included as part of this contract. Freese and Nichols, Inc. will, upon execution of this amendment, provide the following non -basic services: 1 Provide Federal Communication Commission (FCC) licensing services for a wireless telemetry link between Wesley E. Seale Dam and the raw water diversion sites along the Neuces River via a repeater site at O.N. Stevens WTP, including communication path studies, frequency coordination, radio surveys, and coordination with FCC during the approval and construction process. It is intended that this wireless telemetry link will also be used for remote operation and status of the intake pump station for the Rincon Bayou Pipeline. FNI will coordinate licensing services with the City of Corpus Christi Police Communications Department. 2. Provide a private licensed 900 MHz wireless radio link between Wesley E. Seale Dam and the raw water intake sites along the Neuces River via a repeater site at O.N. Stevens WTP. The link will include SCADA communication improvements consisting of an antenna, cabling, and grounding accessories at the O.N. Stevens WTP and Wesley E. Seale Dam. Communication Improvements will be provided by High Man Tower as a subconsultant to FNI. Provide radio transceivers/repeaters for Wesley E. Seale Dam, O.N. Stevens WTP, and the five (5) raw water intake sites along the Nueces River. Commissioning and testing of the radio link will be provided in conjunction with Automated concepts, Inc. as a subconsultant to FNI. The new link will be entirely independent of the existing O.N. Stevens WTP radio network. It is intended that this wireless telemetry link will also be used for remote operation and status monitoring of the intake pump station for the Rincon Bayou Pipeline. 3. Provide flow meter calibration, instrumentation and SCADA services, and commissioning of the flow meter telemetry link for the City of Mathis Raw Water Intake. The City furnished flow meters, pressure transducers, and flow totalizers will be calibrated by the Utah Water Research Laboratory as a subconsultant to FNI. SCADA services including instrumentation panel fabrication, testing, and commissioning of the remote telemetry panel and communication accessories will be provided in conjunction with Automated Concepts, Inc. (ACI) as a subconsultant to FNI. 4. Provide flow meter calibration, instrumentation and SCADA services, and commissioning of the flow meter telemetry link for the City of Beeville Raw Water Intake. The City furnished flow meter, pressure transducer, and flow totalizer will be calibrated by the Utah Water Research Laboratory as a subconsultant to FNI. SCADA services including instrumentation panel fabrication, testing, and commissioning of the remote telemetry panel and communication accessories will be provided in conjunction with Automated Concepts, Inc. (ACI) as a subconsultant to FNI. Excavation and backfill of the existing raw water pipeline for the instrumentation improvements will be provided by the City of Beeville. 5. Provide security surveillance improvements on City of Mathis intake pier to provide video coverage of Wesley Seale Dam and the pier, including pan -tilt - zoom video camera and wireless radio link for remote monitoring of video signal and camera control. Camera shall be configured to provide pre-programmed scan of dam and Mathis intake pier from a single surveillance camera. Provide integration services to integrate camera and video feed into existing video Exhibit B Contract Summary Exhibit B Page 1 of 3 surveillance system at the Wesley Seale Dam Operations Center. 6. Provide a new information server at the Wesley E. Seale Dam Operations Center to serve the raw water monitoring system and the Rincon Bayou Pipeline supervisory control system. The information server will be placed in the existing Security and Surveillance Equipment Racks and replace an existing outdated information server. Configuration and commissioning of the information server will be provided in conjunction with Automated Concepts, Inc. (ACI) as a subconsultant to FNI. Provide SCADA services, configuration, testing, and commissioning of instrumentation panels for remote monitoring of raw water diversion sites at the O.N. Stevens Raw Water Junction box, San Patricio Texana (Odem diversion), San Patricio Nueces (Hondo Creek), and Flint Hills and Celanese Refineries. The raw water intake sites along the Nueces River will be upgraded with communication accessories to transmit flow information to Wesley E. Seale Dam via a radio repeater at the O.N. Stevens WTP communication tower. SCADA services will be provided in conjunction with Automated Concepts, Inc. as a subconsultant to FNI. 8. Provide systems integration and programming services to incorporate the raw water metering improvements into the existing instrumentation and control system at Wesley Seale Dam. 9. Provide technical support to assist San Patricio MWD in performing a volumetric calibration of the Nueces river Intake (Hondo Creek) flow meter. FEES Basic Services Fee 1. Design Phase N/A Subtotal Basic Services Fees $0 Additional Services (Authorized) 1. FCC Licensing Services $5000 2. Wireless telemetry link between Wesley E. Seale Dam and the raw water diversion sites along the Nueces River $40,000 3. Flow meter calibration, instrumentation and SCADA services, and commissioning of the flow meter telemetry link for the City of Mathis Raw Water Intake $43,000 4. Flow meter calibration, instrumentation and SCADA services, and commissioning of the flow meter telemetry link for the City of Beeville Raw Water Intake $54,000 5. Security surveillance improvements at Mathis Intake $10,000 6. Information server at the Wesley E. Seale Dam Operations Center to serve the raw water monitoring system and the Rincon Bayou Pipeline supervisory control system, including software configuration. $5,000 7. SCADA services, configuration, testing, and commissioning of instrumentation panels for remote monitoring of raw water diversion sites at the O.N. Stevens Raw Water Junction box, San Patricio Texana (Odem diversion), San Patricio Nueces (Hondo Creek), $16,000 Exhibit B Page 2 of 3 and Flint Hills and Celanese Refineries. I- 8. Systems integration and programming services to incorporate the raw water metering improvements into the existing instrumentation and control system at Wesley Seale Dam. $4,000 9. Calibration of the Nueces river Intake (Hondo Creek) It -flow meter $2,100 Sub -Total Additional Services Fees Authorized Y $179,100 L Total Authorized Fee $179,100 Exhibit B Page 3 of 3 CHOKE CANYON RESERVOIR GEORGE WEST THREE RIVERS LAKE CORPU CHRIS I WESLEY SEALE DAM CO CN PROJECT NO. 8547 37 NUECES RIVER ON STEVENS WATER PLANT 59 MAT HIS 467444111, 37 CORPUS CHRISTI / LAKE TEXANA 59 N y i i z/ i -. i i ,r BLOOMINGTON SEADRIFT i 77 /� MARY RHODES PIPELINE WOODSBORO r LOCATION MAP NOT TO SCALE EXHIBIT "C" WHOLESALE RAW WATER SCADA IMPROVEMENTS -2005 PROJECT CIN OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-15-2005 a la 20 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to authorize payment of invoice 10018019 for twelve months software and hardware maintenance with Kronos, Inc. of Chelmsford, MD in an amount not to exceed $38,582.85. ISSUE: Software and hardware must be maintained to allow for continued operation of the time management system, upgrades and improvements and to ensure that it stays compatible with other systems. Kronos, Inc. provided a quote for annual maintenance from August 23, 2005 through August 22, 2006 of the City of Corpus Christi's Kronos system. Kronos, Inc. is the sole provider of Kronos application software/hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On July, 25 2000, City Council authorized the purchase of the Kronos time management system from Kronos Inc. Since that time, City Council has approved subsequent annual software/hardware maintenance renewals. FUNDING: The total cost of $38,582.85 will be funded from the MIS Department Fiscal Year 2005-2006 budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gericke Director of MIS Attachments: None KRONOS 297 Billerica Road Chelmsford, MA 01824 978' 250-9800 Ship to CIOF CORPUS CHRISTI 1201 LEOPARD Bill to CORPUS CHRISTI, TX 78401 CITY OF CORPUS CHRISTI Attn: Accounts Payable 1201 LEOPARD CORPUS CHRISTI, TX 78401 REMIT TO: Mail Checks To. P O. Box 845748 BOSTON, MA 02284-5748 05JUL -5 ANI0:12 Electronic Transfer To'. Citizens Bank ABA 211070175 Account 1107454325 NUMBER 10018019 DATE 24 -JUN -05 PAGE 1 of 5 PURCHASE ORDER NUMBER REFERENCE SERVICE CONTRACT NUMBER 1151545 R14 -JUN -05 CUSTOMER NUMBER 6004003 LOCATION NUMBER 136261 FOR BILLING QUESTIONS, CALL YOUR CONTRACT ADMINISTRATOR Tamara Sue Brzenk 713-802-6839 OR tbrzenk@Kronos.com 1 TERMS Nei 30 Days DUE DATE 24-JUL-05 CUSTOMER CONTACT JANET WALTON SHIP DATE SALESPERSON SALES TERRITORY Recurring, South Central South Central Contract SHIP VIA SHIPPING REFERENCE Depot Exchange Support Service 8602004-00' 8602004-00' 8602000-00'. 8602000-00' 8602000-001 8602000-00' 8602000-001 8602000-00 8602000-00 8602000-00- 8602000 00' 602000-00`8602000-00' 8602000-00 8602000-00' 8602000-00' 8600947-00' 8600947-00 8600947-00' 8600947-00':: 8600947-00' 8600947-00'. 8600947-00` 4500, FULL, NUM, B/C 4500,FULL,NUM,B/C 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL.NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 23 -FEB -06 22 -AUG -06 10 -MAR -06 22 -AUG 06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 Month Day Year Year Year Year Year Year Year Year Year Vear Vear Year Year Year Year Year Year Vear Year 6 166 1 1 1 1 1 1 1 1 1 T A X UNIT LKICE N N N N N N N N N N N N N N N N N N N N N fXII ".DED ANC /NT 122.20 111.15 244.40 244.40 244.40 244.40 244.40 244.40 244.40 244.40 244.40 244.40 244.40 267.88 29.12 29.12 29.12 29.12 29.12 29.12 29.12 ederal Tax ID 04 2640942 t4 KRONOS 29/ Billerica Road Chelmsford, MA 01824 (9781 250-9800 Ship to CITY OF CORPUS CHRISTI 1201 _ EOPARD Bill to 1_URPUS CHRISTI, Fx 78401 CITY OF CORPUS CHRISTI Attn: Accounts Payable 1201, EOPARD C�'RP] S CHRISTI, TX 78401 HEMI IO. Mail Checks To. P.O. Box 845748 BOSTON, MA 02284-5748 Electronic Transfer To: Citizens Bank ABA 211070175 Account 1107454325 ....a_NUMBER ` 10018019 DATE 24 -JUN -05 PAGE 2 of 5 PURCHASE ORDER NUMBER REFERENCE SERVICE CONTRACT NUMBER 1151545 R14 -JUN -05 CUSTOMER NUMBER 6004003 LOCATION NUMBER 136261 FOR BILLING QUESTIONS, CALL YOUR CONTRACT ADMINISTRATOR Tamara Sue Brzenk 713-802-6839 OR tbrzenk@Kronos.com TERMS Net 30 Days CUSTOMER CONTAC' JANET WALTON 8600947-001 8600947-001 8600947-00' 8600947-0G 8600947-00 8600947 -00' 8600947.00 8600947-00, 8600947-0C') 8600615-01 8600615-01''. 8600615.229 8600615-01''' 8600615-011 860061501' 8600616-011 8600615-011 8600615-01' 8600615-01 8600615-01 8600615-011 8600615-01 8600615 -01 - DUE DATE 24-JUL-05 SALESPERSON SALES TERRITORY Recurring, South Central South Central Contract SHIP DA1 F OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD.400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD.400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD.400 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 256K INA repl 480F,512K,W/ENET INA 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 256K INA r opi 480 FULL, 13/0, 256K INA repl 480 FULL, B/C, 256K INA rept 480 FULL, B/0, 256K INA repl 480 FULL, B/C, 256K INA repl 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 256K INA repl 480 FULL, B/C, 256K INA rept 480 FULL, 8/0, 256K INA repl SHIP VIA SHIPPING REFERENCE 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year 1 1 1 1 1 1 1 1 1 1 1 1 1 N N N N N N N N N N N N N N N N N N N N N N N 29.12 29.12 29.12 29.12 29.12 29.12 29.12 29.12 29.12 137.28 137.28 136.48 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 Federal Tax ID '14 ;640942 KRONOS 297 Blllence Road Chelmsford, MA 01824 978' 25('-9800 Ship to CITT 01 CORPUS CHRIST 12(11 I POPARD Bill to CUkPU5 CHRIS11, 1X 78401 CITv OE CORPUS CHRISTI Attn: Accounts Payable 1201 LEOPARD CORPUS CHRISTI, TX 78401 (REMIT TO: Mail Checks To P.0. Box 845748 BOSTON, MA 02284-5748 Electronic Transfer To: Citizens Bank ABA 211070175 Account 1107454325 NUMBER 10018019 DATE 24 -JUN -05 PAGE 3 of 5 PURCHASE ORDER NUMBER REFERENCE SERVICE CONTRACT NUMBER 1151545 R14 -JUN -05 CUSTOMER NUMBER 6004003 LOCATION NUMBER 136261 FOR BILLING QUESTIONS, CALL YOUR CONTRACT ADMINISTRATOR Tamara Sue Brzenk 713-802-6839 OR tbrzenk@Kronos.com TERMS Net 30 Days DUE DATE 24-JUL-05 SALESPERSON Recurring, South Central SALES TERRITORY South Central Contract CVSTOMER CONT ACI JANET WALTON 8600615-01' 8600615-01 8600615-229 8600615-01 8600615-01 8600615-01 8600615-0' 8600615-01 8600615-0- 8600615 0' 600615-0,8600615.0' 8600615-0'! 8600615-0'' 8600615-0'-'' 8600615-0" 8600615.0 - 8600615-229 8600947-001 8600947-00 8600947-001 8600947-001 8600947-001 8600947-001 8600947-001 SHIP DA1 E 480 FULL, B/C, 256K INA repl 480 FULL, B/C, 256K INA rept 480F,512K,W/ENET INA 480 FULL, 8/0, 256K INA rept 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 2561( INA rept 480 FULL, 6/C, 256K INA repl 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 256K INA rept 480 FULL, 6/C, 256K INA repl 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 256K INA rept 480 FULL, 6/0, 256K INA rept 480 FULL, B/C, 2561( INA rept 480 FULL, BiC, 256K INA rept 480F,512K,W/ENET INA OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD.400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 SHIP VIA 05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year SHIPPING REFERENCE 1 1 1 1 1 1 N N N N 137.28 137.28 187.20 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 180.00 29.12 29.12 29.12 29.12 29.12 29,12 29.12 Federal Tax ID 04-2640942 KRONOS' 297 Billerica Road Chelmsford, MA 01824 (978.250-9800 Ship to CI? v OF CORPUS CHRISTI 1201 LEOPARD Bill to CORPUS CHRISTI, TX 78401 011v OF CORPUS CHRISTI Attn: Accounts Payable 1201 LEOPARD CORPUS CHRISTI, TX 78401 REMIT TO: Mail Checks To. P O. Box 845748 BOSTON, MA 022845748 Electronic Transfer To: Citizens Bank ABA 211070175 Account 1107454325 INVOICE NUMBER 10018019 DATE 24 -JUN -05 PAGE 4 of 5 PURCHASE ORDER NUMBER REFERENCE SERVICE CONTRACT NUMBER 1151545 R14 -JUN -05 CUSTOMER NUMBER 6004003 LOCATION NUMBER 136261 FOR BILLING QUESTIONS, CALL YOUR CONTRACT ADMINISTRATOR Tamara Sue Brzenk 713-802-6839 OR tbrzenk@Kronos.com TERMS Net 30 Days CUSTOMER CONTAC` JANET WALTON DUE DATE 24-JUL-05 SALESPERSON Recurring, South Central SALES TERRITORY South Central Contract SHIP DATE SHIP VIA SHIPPI NG RE FERENCE A r%TI . )ED "'.0 NT 8600947 00' 8600947-00 8600947.00" 860094700 8600947 00 8602004-01 8602000-00'" 8602004-00' 8602004OC 8602000 00 8602000-00' 8602000-00 8602000 00 8602000 00' 8600615 01 8600615"01' 8600615-01' 8600615 01- 8600615.01 8600615 01' 8600615-02' 8600615 02'' 860094' 00 OP KITETHERNET BOARD.400 OP KITETHERNET BOARD.400 OP KITETHERNET BOARD. 400 OP KITETHERNET BOARD. 400 OP KIT,ETHERNET BOARD 400 4500,FULL,NUM, B/C, MODEM 4500,FULL,NUM,B/C INA 4500, FULL, NUM, B/C 4500, FULL, NUMB/C 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM,B/C INA 4500,FULL,NUM.B/C INA 480 FULL, B/C, 256K INA reel 480 FULL, R/C, 256K INA rept 480 FULL, B/C, 256K INA rept 480 FULL, 13/0, 256K INA repl 480 FULL, B/C, 256K INA rept 480 FULL, B/C, 256K INA rept 480F,FULL,B/0,512K INA 480F,FULL,B/C,512K INA OP KITETHERNET BOARD 400 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 14-JUL-06 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 AUG -05 22 -AUG 06 23,AUG-05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 AUG -06 23 AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 AUG -05 22 -AUG -06 23 AUG -05 22 -AUG -06 Year Year Year Year Year Day Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year 1 1 1 1 1 40 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N N N N N N N N N N N N N N N N N N N N N N N 29.12 29.12 29.12 29.12 29.12 26.78 244.40 244.40 244.40 244.40 244.40 244.40 244.40 1,538.04 137.28 137.28 137.28 137.28 137.28 137.28 137.28 137.28 29.12 Federal Tax ID 04 2640942 At KRONOS Ship to Bill to 297 Blllenr a Road Chelmsford, MA 01824 19'81 50 9800 CIT+ OF CORPUS CHRISTI 2C "LEOPARD !;JR US CHRISTI. TX 78401 011 r OF CORPUS CHRISTI Atte Accounts Payable !20' LEOPARD SORuUS CHRISTI, TX 78401 REMIT 10. Mail Checks To. P.O. Box 845748 BOSTON, MA 02284-5748 Electronic Transfer To. Citizens Bank ABA 211070175 Account 1107454325 NUMBER 10018019 DATE 24 -JUN -05 PAGE 5 of 5 PURCHASE ORDER NUMBER REFERENCE SERVICE CONTRACT NUMBER 1151545 R14 -JUN -05 CUSTOMER NUMBER 6004003 LOCATION NUMBER 136261 FOR Bll LING QUESTIONS, CALL YOUR CONTRACT ADMINISTRATOR Tamara Sue Brzenk 713-802-6839 OR tbrzenk@Kronos.com TERMS Net 30 Days DUE DATE 24-JUL-05 SALESPERSON Recurring, South Central SALES TERRITORY South Central Contract CUSTOMER CONT AZT JANET WALTON SHIP DATE SHIP VIA SHIPPING REFERENCE 8600947-001 8600947 00' 8600947 00' 8600947 00 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD,400 OP KIT,ETHERNET BOARD 400 8600947.00' OP KIT,ETHERNET BOARD,400 860094700' OP KIT,ETHERNET BOARD,400 8600947.00- OP KIT,ETHERNET BOARD.400 Silver Support Service 8800043-000 8602377-00. 8800036 00C 8800039-000 8800042 -00r - WF CONNECT v5,ADDL 3000 WTT v5.0,DIGITAL T1,16 PORT WORKFORCE TK v5 3000 WORKFORCE MANAGER v5 150 WF CONNECT vS,PRIM 3000 THIS 15 YOUR SUPPORT CONTRACT RENEWAL 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 AUG -05 22 -AUG -06 23 AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 23 -AUG -05 22 -AUG -06 As a Kronos support customer, you have access to our customer support portal which contains all the tools and resources you need to maximize your Kronos system. Visit www.kronos.com, click "Customer Site", then "Technical Support" and explore our Customer Forums, a -Case Management tool, Live Online Support and much more! To access all available support features, upgrading your support contract may be in your best interest. Find out how by contacting your local Kronos sales or service representative. Year Year Year Year Year Year Year Year Year Year Year Year 29.12 29.12 29.12 29.12 29.12 29.12 29.12 1,040.00 9,120.80 10,400.00 3,120.00 2,080.00 ll:' -A. 1! PING HANOLI'.G TAX TOTAL 38,582.85 0.00 0.00 Federal Tax IC 24 2640942 38, 582.85 Currency USD 21 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month maintenance agreement, with Siemens Transportation Systems, Inc. of Cedar Rapids, Iowa in an amount not to exceed $68,311. Included in the maintenance agreement is hardware support services for the Police and Fire Department's Automated Vehicle Locater (AVL) system located in emergency vehicles. ISSUE: Hardware must be maintained to allow for damage, upgrades and improvements to ensure that is stays operable and compatible with other systems. Siemens Transportation Systems, Inc. provided a quote for the annual maintenance from August 1, 2005 through July 31, 2006 of the City of Corpus Christi's AVL hardware. Siemens Transportation Systems, Inc. is the sole provider of maintenance for this hardware. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On March27, 1998, City Council authorized purchase of the AVL System with associated hardware. Since that time, City Council has approved subsequent annual hardware and software maintenance renewals. The software maintenance agreement is being discontinued this year as staff no longer finds it to be relevant or cost effective. FUNDING: Amount Budgeted Source of Funds $68,311.00 5210-40490-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. b C CS cite- Ogilvie xrOgilvie F. Gericke Director of MIS Attachments: Exhibit A — Maintenance Agreement for ResponseMaster Hardware BACKGROUND INFORMATION The Automated Vehicle Locator system was purchased from Siemen's Transportation Systems, Inc. in cooperation with the RTA's purchase of TransitMaster. The city went live with the system in November 1999. The system has played a key role in enhancing officer safety and improving response time by dynamically suggesting the closest response vehicle to an incident. The system also provides a visual representation of assets during crisis management. This contract covers the cost of the repair and maintenance of the actual hardware located in the trunk of each vehicle necessary to transmit that vehicle's location. Should any hardware be destroyed by a collision or other such accident, the AVL unit will be replaced as part of this agreement. This system is outdated and software maintenance of this system has been discontinued. Less costly alternatives are being investigated and it is expected that new hardware and software will be in place within the next twelve months. Siemens TransitMasterml Equipment & Software Maintenance Agreement Siemens VDO Automotive Corporation ("Siemens") hereby agrees to fumish TRANSITMASTERTM Systems Equipment and other named equipment maintenance services consisting of the necessary parts, labor, and testing of all City of Corpus Christi ("Buyer") Buyer -owned Equipment listed in Attachment A in accordance with the terms and conditions of this Agreement. Buyer agrees to use Siemens as the preferred maintenance vendor for all Equipment so listed. The maintenance services will be provided in accordance with the appropriate Siemens documentation and processes in order to establish that maintained Equipment(s) meets mutually approved operating specifications as defined at the applicable system acceptance. Buyer agrees to purchase and pay for such services subject to the following terms and conditions. WHEREAS Siemens is the owner of the rights to certain software identified under Attachment B (Collectively "Software"), including copyright, trademark, trade secret and other intellectual property rights; WHEREAS Siemens has granted Buyer certain rights regarding the Software that enable Buyer to use the Software under the terms and conditions specified under the granted license; AND, WHEREAS Buyer wishes to participate in Siemens' annual maintenance program for the Equipment and Software; NOW, THEREFORE, the parties agree as follows: Siemens hereby agrees to furnish TRANSITMASTERTM Systems Software maintenance service consisting of the necessary labor, and testing of all licensed Software listed in Attachment B In accordance with the terms and conditions of this Agreement. Buyer agrees to use Siemens as the preferred Software maintenance vendor for all Software so listed. The Software maintenance services will be provided in accordance with the appropriate Siemens documentation and processes in order to establish that maintained Software meets mutually approved operating specifications as defined at the applicable system acceptance. Buyer agrees to purchase and pay for such services subject to the following terms and conditions. 1) DEFINITIONS. No Fault Found/No Trouble Found: Equipment is deemed to be No Fault Found ("NFF')/No Trouble Found ("NTF") when it requires no repair, replacement or adjustment to return it to a serviceable state; or where a repair or replacement is carried out for symptoms that are not associated with the reason stated by Buyer for removal. Priority One (1) Variance: A Priority One (1) Variance shall mean a failure that results in being unable to use critical functions of the System to an extent that may affect the safety of the public and/or personnel. For example, a failure resulting in a complete loss of data communications and/or an extended inability to locate vehicles would be considered a Priority 1 variance. Priority Two (2) Variance: A Priority Two (2) Variance shall mean a deficiency of lesser severity than a Priority One (1) that does not substantially reduce the capability of the System to accomplish its primary system functions (e.g., vehicle communications and AVL). Priority Two (2) variances indicate functional and/or performance deficiencies, but the System is still capable of accomplishing its primary system functions with a satisfactory degree of safety and effectiveness. For example, deficiencies in performance, such as response times, may be considered Priority Two (2) variances. Also, Priority One (1) variances for which an acceptable workaround has been established may also be reassigned to Priority Two (2). Rogue Unit: A Rogue Unit is defined as Equipment that exhibits a recurring problem subject to the following: a) The failure symptom reported is the same for three (3) sequential removals, and b) The failure interval is seven (7) operating days or less. Turnaround Time: From the date of receipt by a Siemens Service Center, to date of shipment back to Buyer by the Siemens Service Center and does not include Buyer's handling or transportation time. Updates: Those enhancements to the Software that Siemens generally makes available as part of the annual maintenance program. Upgrades: Any new feature or major enhancement to the Software that Siemens customarily markets and licenses for additional fees separately from the Updates. 2) TERM OF THIS AGREEMENT. The term of this Agreement shall commence on July 30, 2005 and shall continue in full force and effect through July 29, 2006 unless terminated in accordance with Article 18 below. 3) OPTION TO RENEW. Buyer has the option to renew and extend the term of this Agreement for an additional one (1) year period, commencing continuously with expiration of the existing initial Agreement, subject to the following: All prices for follow-on maintenance shall be subject to change at time of option exercise. Buyer must exercise this option to renew by serving written notice of intent to renew to Siemens on or before a period of time ninety (90) calendar days prior to termination of the existing Agreement. To prevent a lapse in coverage, a new signed Agreement must be on file with Siemens on or before a period of time sixty (60) calendar days prior to termination of the existing Agreement. In the event a new Agreement is not executed between the parties on or before expiration of this existing Agreement, Siemens shall charge time and material charges for all Equipment maintenance services provided by Siemens to Buyer at the then current Siemens published rates after expiration of this Agreement. Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 1 of 9 Siemens TransitMaster"' Equipment & Software Maintenance Agreement 4) COMPENSATION. For the services covered by this Agreement, Buyer agrees to pay the Maintenance Plan Fees set forth herein. Full payment is due to Siemens within thirty (30) calendar days from execution of this Agreement. In the event Buyer fails to pay the invoice when due, Siemens reserves the right to suspend or limit performance until all past due sums are paid. Time and Material invoicing set forth under Enclosure 1 will apply to any repair services for any Equipment and Software covered under Article 8, No Fault Found ("NFF")/No Trouble Found ("NTP) Equipment Returns, and Article 7, Equipment and Software Excluded From Maintenance Services of this Agreement. The prices set forth under Enclosure 1, Pricing Schedule, include all charges for Siemens' packing materials and labor, as well as handling. Prices exclude any taxes, customs duties, and brokers fees. Siemens will invoice Buyer at the address set forth below for services provided hereunder. Invoice address: City of Corpus Christi 321 John Sartain Corpus Christi, T X 78401 Payments by Check: Siemens VDO Automotive Corporation Department 77237 P.O. Box 77000 Detroit, Michigan 48277-0237 Payments by Wire: Bank One, NA 611 Woodward Ave. Detroit, MI 48226 Account # 363503894 Routing # 072000326 5) TAXES AND FEES. The prices stated in this Agreement are exclusive of any taxes, duties, or equivalent charges, however designated, imposed upon, or made payable by Siemens, its agents, assignees or subcontractors, by a government, or taxing authority arising out of the supply or use of the Equipment or Software during the performance of this Agreement, and Buyer expressly assumes responsibility for the prompt payment when due of all such charges. 6) EQUIPMENT & SOFTWARE COVERED. Equipment and Software covered under this Agreement is specified in Attachment A or B of this Agreement. At such times as may be necessary, Buyer may request, in writing, with reasonable notification, additional Equipment or Software be added to this Agreement. Siemens shall respond, in kind, with a proposal for the requested additional Equipment or Software. 7) EQUIPMENT AND SOFTWARE EXCLUDED FROM MAINTENANCE SERVICES. In the event that Siemens can reasonably demonstrate that damage has occurred beyond a serviceable level, and such damage was caused by the Buyer, or that there was not a detect in the Software the following is considered excluded from coverage: a) b) EQUIPMENT Equipment subjected to carelessness, negligence, or other than the specified normal or intended use by Buyer, or any third parties while the Equipment is in Buyer's possession; Equipment subjected to alteration or repair by Buyer, or any third parties, in a manner which conflicts with Siemens' written repair procedures; c) Equipment subjected to inadequate packing, storage or handling by Buyer, or any third parties while the Equipment is in Buyers possession; d) Equipment subjected to fire, wind, flood, leakage, collapse, lightning, explosion, or other Acts of God; e) Equipment subject to acts of war, terrorism, or the public enemy; fl Equipment which Buyer requests be overhauled or refurbished to a new status or part number; Equipment subjected to vandalism by Buyer, or any third parties while the Equipment is in Buyer's possession; h) Engineering Evaluations of Rogue Units, other than as described herein; 1) All Original Equipment Manufacturers ("OEM") computers and associated peripheral equipment provided by Siemens hereunder; and Equipment other than those Identified under Attachment A of this Agreement. 9) 1) SOFTWARE a) Software subjected to carelessness, negligence, or other than the spedfied normal or intended use by Buyer, or any third parties while the Software is in Buyer's possession; b) Software subject to cannibalization by Buyer, or any third parties while the Software is in Buyer's possession; c) Software subjected to alteration or repair by Buyer, or any third parties, in a manner which conflicts with Siemens' written repair procedures and license terms; d) Software subjected to inadequate storage or handling by Buyer, or any third parties while the Software is in Buyer's possession; e) Software subjected to fire, wind, flood, leakage, collapse, lightning, explosion, or other Acts of God; Software subject to acts of war, terrorism, or the public enemy; Software subjected to vandalism by Buyer, or any third parties while the Software is in Buyer's possession; h) Software altered by Third Party service bulletins; i) On-site installation, configuration and verification of Software updates not listed in Attachment B; j) Software other than that identified under Attachment B of this Agreement; and k) Software Upgrades. 8) NO FAULT FOUND ("NFF")/NO TROUBLE FOUND ("NTF"1 EQUIPMENT RETURNS Buyer recognizes that any TransitMasterTM Equipment returned for repair under this Agreement and subsequently determined by Siemens to be No Fault Found ("NFF")/No Trouble Found ("NTF") are subject to the Equipment and Software Repair Rates pricing contained in Enclosure 1 in this Agreement In addition, Buyer shall be responsible for shipping costs of NFF/NTF units. f) 9) 9) ROGUE UNIT Siemens agrees to apply special testing and repair to any Rogue Unit at no additional charge to Buyer. Buyer agrees to waive the thirty (30) day tumaround time guarantee for this situation if Siemens notifies Buyer of the need for special testing and repair. Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 2 of 9 Siemens TransitMasterm' Equipment & Software Maintenance Agreement 101 DELIVERY OF EQUIPMENT. Buyer shall send all failed Equipment covered by this Agreement directly to the designated Siemens Service Center outlined in the Return Materials Authorization ("RMA") Request Process, Enclosure 2 Upon repair, Siemens will return the Equipment to Buyer's designated receiving facility, or other locations as designated by Buyer's applicable Return Order. Cost of shipping to the designated Siemens Service Center shall be borne by Buyer. Cost of shipping the repaired Equipment to the Buyer's facilities shall be borne by Siemens unless the Equipment is deemed No Fault Found/No Trouble Found ("NFF/NTF"). 11) EXCHANGE OF EQUIPMENT PARTS. During the term of this Agreement, any Equipment returned to Siemens for repair may have parts exchanged at Siemens' option, for a functionally like part 12) DOCUMENTATION OF SOFTWARE DIFFICULTY. In the case of Software, upon the identification of a possible fault or difficulty within any of the Software to be supported hereunder, Buyer shall promptly issue a Trouble Report to Siemens that shall include the following information: a) b) c) d) e) Date of failure of Software. Software module in question and location of where Software is installed. Detailed description of failure symptom. Severity and impact to Buyers operations. Contact name related to Software in question. The Trouble Report information shall be communicated verbally to Siemens at 1-866.778-5572. Siemens shall arrange for onward transmission to the designated repair technician. 13) TURNAROUND TIME ON EQUIPMENT RETURNS. For the term of this Agreement Siemens will provide a turnaround time of thirty (30) working days for Equipment listed in Attachment A which is returned to Siemens in accordance with Enclosure 2. The turnaround time is calculated from date of receipt of Equipment by Siemens to date of shipment of Equipment by Siemens, and does not include Buyer's handling or transportation time. 14) CHANGES TO EQUIPMENT AND SOFTWARE. During the term of this Agreement, Siemens may, from time to time, issue a notification indicating changes to the Equipment listed in Attachment A and Software listed in Attachment B of this Agreement. Implementation of any service notification requested by Buyer will be on a time schedule to be mutually agreed upon by both parties. Service notifications designated by Siemens to improve reliability of the Equipment listed in Attachment A and Software listed in Attachment B will be incorporated at no additional charge to Buyer. Service notifications requested by Buyer that are deemed optional by Siemens will be chargeable using the current Time and Material rates specified under Enclosure 1. The Buyer may at any time, by a mutually executed written amendment, make changes, within the general scope of this Agreement. The Buyer will receive and may act upon the quote for price and schedule regarding the requested change. This includes the addition and deletion of vehicles. 15) SOFTWARE CORRECTION. Siemens agrees to provide the following Software maintenance services during the term of this Agreement: Siemens will maintain the Software so that it operates in conformity in all material respects with the descriptions and specification for the Software as defined at the time of the applicable system acceptance. Siemens will send Buyer mailings regarding updates of the Software to the Buyer's specified address. Buyer shall, at Siemens' request, provide Siemens with the right to dial -in access to Buyer's computers on which the Software is installed, so as to enable Siemens to monitor the operation of the Software. 16) PHONE SUPPORT. Siemens will provide phone support to Buyer's authorized callers to assist with troubleshooting of installation, configuration, and operational problems of covered Equipment and Software prior to removal and subsequent return to Siemens for repair. Calls received for Priority One (1) or Priority Two (2) Equipment and Software issues will be returned within one (1) hour. Calls received during normal business hours (8:30 AM — 4:30 PM Central Standard Time) of lesser severity than Priority Two (2) will be returned within that business day. After hour caps of lesser severity than Priority Two (2) will be returned during the first hour of the next business day. The toll free number for all calls to Siemens is 1-866-778-5572. 17) SOLE RIGHT AND REMEDY. Siemens does not represent or warrant (a) the Software will meet any or all of Buyer's particular requirements; (b) the operation of the Software will be error -free or uninterrupted. EXCEPT FOR THE GUARANTEES PROVIDED HEREUNDER, NO OTHER WARRANTIES EXPRESSED OR IMPLIED SHALL BE APPLICABLE TO ANY EQUIPMENT REPAIRED HEREUNDER AND SOFTWARE PATCHES OR UPDATES HEREUNDER, AND THE TERMS OF THIS AGREEMENT SHALL CONSTITUTE BUYER'S SOLE RIGHT AND REMEDY UNDER THIS AGREEMENT. IN NO EVENT SHALL SIEMENS HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE EQUIPMENT OR SOFTWARE, OR ANY INABILITY TO USE THEM EITHER SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR MATERIALS, OR FROM ANY OTHER CAUSE. 18) TFRMINATION. Siemens and Buyer each has the right to terminate this Agreement In whole or in part by providing thirty (30) calendar days written notice to the other party for any of the following reasons: (i) For any occurrence described under Article 21, Excusable Delay, or any other occurrence beyond the cause and control of the parties and that prevents Siemens or Buyer from performing their respective obligations under this Agreement for a period longer than two (2) months, (ii) by mutual agreement of the parties, or (iii) for material breach by the other party which remains uncured for sixty (60) calendar days following a written notice of the breach and a demand for cure of the breach by the non -breaching party. Proprietary and Competition Sensitive Information © 2005 Siemens VD0 Automotive Corporation Page 3 of 9 Siemens TransitMaster) Equipment & Software Maintenance Agreement Upon expiration or termination of this Agreement by either party, Siemens shall return all Buyers' assets to Buyer within thirty (30) calendar days of the expiration or effective termination and Buyer shall return all Siemens assets provided to Buyer under this Agreement to Siemens within thirty (30) calendar days of the expiration or effective termination. In event of termination by City of Corpus Christi, Siemens shall refund the annual maintenance fees paid for remaining months of agreement, on pro rata basis, within thirty (30) business days of City's written request to Siemens. In the event assets are not returned within the speciied timeframe, Siemens will assess a value to the hems not received, and invoice Buyer for said assets. Buyer shall be responsible for payment of invoices in accordance wrth Section 4, Compensation. 191 NOTICES. Notices under this Agreement shall be sufficient if sent by U.S. certified mail, postage prepaid or by an air courier service, prepaid as follows. lo: Siemens VDO Automotive Corporation Attn: Rocco Rutledge Manager Contracts 5265 Rockwell Drive, NE Cedar Rapids, IA 52402 Tel: 319-743-4512 Fax: 319-743-4510 Email: Rocco.Rutledge@Siemens.com To'. City of Corpus Christi Ann: Susan Allen MDC/AVL Manager 321 John Sartain Corpus Christi, TX 78401 Phone: 361-886-2537 Fax: 361-826-4277 Email: susans@cctexas.com 201 PATENT, PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INDEMNITY. Siemens agrees that it will defend, at its own expense, all claims or suits against Buyer for Infringement of any United States patent or patents covering, or alleged to cover, all services provided and Equipment or Software originally sold by Siemens under this Agreement, and Siemens agrees that it will pay all sums which by final judgment or decree in any such claims or sults, may be assessed against Buyer on account of such infringement, provided that Siemens shall be given (i) prompt written notice of all claims or suits of any such infringement and any of claims or suits brought or threatened against Buyer and (ii) authority to assume the sole defense thereof through its own counsel and to compromise or settle any claims or suits. If in any such claim or suit so defended the Equipment or Software are held to constitute an infringement and their use Is enjoined or if, in light of any claim of infringement Siemens deems it advisable to do so, Siemens shall either procure the right to continue the use of the same for the Buyer or replace the same with non -infringing Equipment or Software, or modify said Equipment or Software so as to be non -infringing, or take back the infringing Equipment or Software and refund the purchase price less a reasonable allowance for use, damage, or obsolescence. Indirect and consequential damages that may occur as a result of any infringement, or claim of infringement, are expressly disaffirmed, and the complete liability of Siemens shall be limited to its Agreement herein contained. Nothing in this Agreement shall alter or affect any indemnity on products provided by Siemens under other Agreements. 21) EXCUSABLE DELAY. Neither party shall be liable to the other for default or damages resulting from any failure to meet the turn around time on equipment returns or any other obligations to each other under this Agreement other than Buyer's obligations to pay Siemens if such failure is caused by or due to events beyond the control of the party invoking this provision such as, but not limited to, acts of God, acts of war (whether declared or undeclared), riot, rebellion, sabotage, weather, fire, flood, drought, earthquake, windstorm, explosion, strikes or other labor troubles preventing delivery hereunder, embargo, delays, acts of government or government priorities, regulations or rules, court orders, or any other causes ("Events of Delay") and not due to the fault or negligence of the party claiming relief hereunder. 22) CONFIDENTIALITY. This Agreement and all information becoming available by virtue of this Agreement, shall at all times be treated by both parties as confidential and not be published, disclosed, or circulated, except (and only in so far as is necessary) in connection with the business requirements of the parties or for the purpose of legal proceedings. Both parties shall ensure that all persons to whom information is disclosed shall be bound by the provisions of this clause. 7311 IMITATION OF LIABILITY IN NO EVENT SHALL SIEMENS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY EQUIPMENT OR ASSOCIATED SOFTWARE DESCRIBED HEREIN EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER PRODUCT EQUIPMENT, SOFTWARE OR OTHER MATERIALS EVEN IF SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES. SIEMENS' TOTAL AGGREGATE LIABILITY HEREUNDER, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER HEREUNDER. 24) APPLICABLE LAW. The parties agree that this Agreement shall be governed and construed by the laws of the State of New York, but specifically excluding the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. 25) ARBITRATION. Any dispute arising from the terms and conditions of this Agreement shall be settled by negotiation in good faith by the parties. If there is no Agreement between the parties three (3) months after the beginning of such a negotiation, the dispute shall be referred to arbitration in the United States of America in accordance with the Rules of the International Chamber of Commerce, by one arbitrator appointed in accordance with the said rules. Each party is responsible for its own costs. 26) ENTIRE AGREEMENT. The terms and provisions stated herein and within Attachments A and B and Enclosures 1 and 2 comprise all the terms, conditions, and agreements of the patties with respect to the Equipment and Software maintenance provided hereunder and supersede any provision on the face and reverse side of the Buyer's Return Order or any prior agreement inconsistent with the provisions hereof. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, shall form a part hereof or have Proprietary and Competit on Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 4 of 9 Siemens TransitMaster"" Equipment & Software Maintenance Agreement any legal effect whatsoever. No modification hereof shall be valid unless in writing and duly signed by Buyer's and Siemens' authorized representatives. IN WITNESS WHEREOF the parties have caused this Agreement to be executed this of ,2005. Siemens VDO Automotive Corporation By: Name and Title: Rolf Spring, Vice President, TT Date: By: Name and Title: Christian Seller, Controller Date: City of Corpus Christi Name and Title: Date: Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 5 of 9 Siemens TransitMasterm" Equipment & Software Maintenance Agreement ATTACHMENT A SCHEDULE OF COVERED EQUIPMENT The following equipment is covered by the terms of this Agreement and shall commence upon the date of execution of this Agreement and shall continue in full force and effect for one (1) calendar year unless terminated in accordance with Article 18, Termination. The Buyer shall notify Siemens in writing within thirty (30) days of changes to Buyer's operating fleet or equipment complement. The following Equipment covered by this Agreement includes all sub- assemblies. Description Siemens Part Number Public Safety Flat RVLU 989-6636-203 Public Safety Auto RVLU 989-6636-204 Public Safety Min RVLU 989-6636-205 Public Safety Flat RVLU 989-6636-206 Total Quantity of Units 200 Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 6 of 9 Siemens TransitMasterml Equipment & Software Maintenance Agreement ATTACHMENT B SCHEDULE OF COVERED SOFTWARE Description Siemens Part Number Mobile Software for Public Safety 1752000-602 Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 7 of 9 Siemens TransitMasterm Equipment & Software Maintenance Agreement ENCLOSURE 1 PRICING SCHEDULE ON-SITE ENGINEERING SERVICES. Siemens On -Site Engineering Services can be made available to assist with any Siemens system problems associated with Siemens Equipment and Software on a time, material, and travel expense (subject to Buyer approval), basis. Engineering services for work not covered by this Agreement may be provided at the current labor pre-tax rate of one hundred ninety six dollars US dollars ($196.00) per hour, plus a per diem charge based upon travel expenses incurred. If Siemens sends on-site engineering support to address a problem that is subsequently determined to be a sole problem with Siemens Equipment or Software, the Siemens On -Site Engineering Services shall be provided at no cost to Buyer. EQUIPMENT AND SOFTWARE REPAIR RATES. Time and Material invoicing related to any correction services for any Equipment covered under Article 8, No Fault Found ("NFF")/No Trouble Found ("NTF") returns, and Article 7, Equipment and Software Excluded From Maintenance Services, will be at the current pre-tax rates of one hundred forty-eight US dollars ($148.00) per unit for diagnosis and test charge, and labor charges of one hundred sixty-three US dollars ($163.00) per hour, plus parts and shipping costs. Time and Material invoicing related to any correction services for any Software covered under Article 7, Equipment and Software Excluded From Maintenance Services, will be at the pre-tax rate of one hundred ninety US dollars ($190.00) per hour. a) Twenty-four (24) hour per day and seven (7) day per week primary contact provided for issues deemed to cause a daily problem affecting operations and or analysis (Classified as Priority 2) or if the system is down or non-functional in a major area (Classified as Priority 1). b) Maintenance requested during 8am to 4:30pm CST will be responded to within the same day or next business day upon receipt of vehicle, network, or radio equipment issues by ax, e-mail, or telephone. Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 8 of 9 Pre -Tax Standard Vehicle Equipment & Mobile Software Maintenance Agreement $68,311.00 Pre -Tax Total Annual Maintenance Program Price $68,311.00 Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 8 of 9 Siemens TransitMaster11" Equipment & Software Maintenance Agreement ENCLOSURE 2 RETURN MATERIAL AUTHORIZATION ("RMA") PROCESS All items returned to us must have the following information presented prior to the issuing of a Return Material Authorization ("RMA) number: a reason for return (as specific as possible), the item(s) part number(s), serial number is) (if it exists) and Buyer contact. For vehicle installed equipment it will be required that the vehicle 4 vehicle make/model and vehicle year be provided. The above data will be used to troubleshoot the problem with the Buyer contact on the phone. With vehicle information we will be able to share with you if this vehicle has had a problem in the past; if this vehicle make/model has had a run of issues or if this vehicle year seems to have problems. By doing this proactively we intend to minimize your down time as much as possible. RETURN MATERIAL AUTHORIZATION ("RMA") REQUEST Buyers who have equipment needing repair or replacement will need to follow the below procedure: 1 Buyer (or authorized representative) has failed equipment needing repair or replacement, starting the process. 2. Buyer (or authorized representative) provides to Siemens Representative Part Number, Serial Number, Quantity and Detailed Problem Description with Unit(s) by calling 866-778-5572, or via e-mail to marcia.glazier@siemens.com. A complete and accurate description of the condition or problem of the component or unit and the initial trouble shooting done by the Buyer (or authorized representative) is essential to the success of the process. 3 For items that are serialized and Siemens maintains configuration records (Le. RIVLU, RVLU) the Buyer (or authorized representative) will provide the following information from the top level installed in the vehicle: Top Level Part Number, Top Level Serial Number, IVLUNLU Serial number and the radio serial number. 4 The information provided in step three will be used to update the configuration management records in the factory. This ensures that we have accurate records of what components are installed in a given top level. 5 Siemens issues RMA number to the Buyer (or authorized representative) by phone or email. 6 Buyer (or authorized representative) is to give estimated time of shipping the failed component / unit to Siemens. 7. Buyer (or authorized representative) places all equipment (EXCEPT IVLU's) in a non -static bag along with a copy of Warranty Repair Tag (Below). IVLU's are to be sent in an ESD static sensitive bag. Siemens will provide non- static bags at Buyer's request. Place a copy of the Warranty Repair Tag Form to be provided by Siemens at the time of the report inside the box or taped to the outside of the bag of the failed unit. Buyer (or authorized representative) is to pack all retumed units carefully, using packing peanuts and bubble wrap when necessary. All returns are Buyer property and must be protected during shipping and through the entire return process. 8. All serial number / identification tags must be left on the units. Only one RMA should be used per failed component / unit (e.g. please do not put a failed radio from one unit and a failed IVLU from another unit in the same chassis). When IVLU's and radios are swapped between units, the records are no longer accurate. If mixed components come back in the same chassis, it is difficult to track and delays return to the field. 9 The Buyer (or authorized representative) is to reference the RMA number on the outside of the box when returning the unit and send it to: Siemens VDO Automotive Corporation 5265 Rockwell Drive NE Cedar Rapids, IA 52402 Proprietary and Competition Sensitive Information © 2005 Siemens VDO Automotive Corporation Page 9 of 9 22 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month software maintenance agreement with Vista Solutions Group, Inc. of Round Rock, Texas in an amount not to exceed $26,208. Included in the maintenance agreement are the VisiFlow applications utilized by the Municipal Court, Finance, and Engineering Services Departments for electronic document archival and work flow routing. ISSUE: Software must be maintained to allow for upgrades, improvements and to ensure that is stays compatible with other systems. Vista Solutions Group, Inc. provided a quote for annual maintenance from August 1, 2005 through July 31, 2006 of the City of Corpus Christi's VisiFlow applications. This vendor qualifies as sole source support as they are the only vendor who maintains an interface between the Municipal Court Systems CSI and VisiFlow. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25.000. PREVIOUS COUNCIL ACTION: City Council authorized purchase of the VisiFlow application in March of 1998. No action has been necessary since then. FUNDING: Amount Budgeted Source of Funds $26,208 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: o •C, CaZc.ic c. Ogilvie F. Gericke Director of MIS Exhibit A — Invoice # 050729CC1 Exhibit B — Invoice # 050729CC2 Exhibit C — VISTA SG AGREEMENT FOR SOFTWARE & SERVICES BACKGROUND INFORMATION The Municipal Court received permission from the Texas State Library and Archives Commission to store all Court data electronically. VisiFlow is the application that is used to do this. Vista Solutions Group, Inc. maintains the application and they created an interface between the VisiFlow database and the CSI program. This interface allows any employee at the Municipal Court to have access to all data relating to a defendant at the touch of a button rather than trying to gather data from a couple of different locations when assisting a customer. VisiFlow allows for the electronic routing of files and archival thereof and as a result of the improved efficiency at the Municipal Court this application is now being deployed city wide. Finance and Engineering Services already converted to VisiFlow and the Water Department will soon follow. Maintenance fees for the application have slightly increased as a result of citywide deployment. A future goal is to provide internet access to the public for retrieval of data on their own whereby reducing the cost of accessing records. Situp//4/ Your Work...FLOW Remit to: Vista Solutions Group, Inc P.O. Box 937 Round Rock, Texas 78880-0937 Phone 512-287-1821 Fax 512-287-1892 Bill to: City of Corpus Christi 120 N. Chaparral 2nd Floor Corpus Christi, Texas 78401 Attn: Lan' Trotter Invoice Date: July 29, 2005 InvolceN 050729CC1 For: Annual VIsIFLOW Maintenance Description Quantity Unit Price Amount VisiFLOWNsiFLOWcom, Full Text Search Software support and maintenance from August 1, 2005 to July 31, 2006 for the City Finance Department $840800 Late fee of 2% per month will be added after 30 days. Total 35,404.00 Simpiify Your Work...FLOW Remit to: Vista Solutions Group, Inc P.O. Box 937 Round Rock, Texas 78680-0937 Phone 512-287-1821 Fax 512-287-1892 Bill to: City of Corpus Christi 120 N. Chaparral 2nd Floor Corpus Christi, Texas 78401 Attn: Lanl Trotter Invoice Date: July 29, 2005 Invoice% 050729CC2 For: Annual VIsIFLOW Maintenance Description Quantity Unit Price Amount VIsIFLOW Software Support including FormsGen,Inport and TIFF Conversion Software nodules beginning August 1, 2005 through July 31, 2006 for the City Municipal Court Projects 517,800.00 Late fee of 2% per month will be added after 30 days. Total $17,800.00 Aug 8 -l5 ]0:21a VistaSG 512-267-1892 p.2 VISTA SOLUTIONS GROUP AGREEMENT FOR SOFTWARE & SERVICES This Master Agreement, effective as of August 1, 2005, is entered into by and between Vista Solutions Group ('VistaSG") located at 555 Round Rock West Drive, Round Rock, Texas and The City of Corpus Christi (the 'Customer") located at 120 N Chaparral, Corpus Christi, Texas, 78401. VistaSG and Customer hereby agree as follows: This "Agreement" consists of the General Terms and Conditions, those Attachments listed below which are designated by Customer's initials (the "Attachments") all schedules referenced herein or therein, and all attachments attached hereto or thereto. All references to "Agreement" shall include this signature page, the General Terms and Conditions and all such Attachments, schedules and exhibits which are indicated below. All future orders from Customer or any of its Affiliates to VistaSG shall be governed by the terms and condftions referenced herein, shall become effective upon acceptance by an authorized VistaSG employee and shall upon acceptance be deemed part of this Agreement. Attachments General Terms and Conditions Software Support (Schedule A) Professional Services Attachment (Schedule B) Customer's Initials This Agreement constitutes the entire agreement between the parties on the subject hereof and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral. This Agreement does not operate as an acceptance of any conflicting terms and conditions and shall prevail over any conflicting provision of any purchase order or any other instrument of Customer. This Agreement may only be amended, modified, supplemented, or deviated from by a writing executed by an authorized VistaSG employee and Customer. By executing this Agreement, Customer acknowledges that it has reviewed the terms and conditions incorporated into this Agreement and agrees to be legally bound by the same. Vista Solutions G •up By: Mimi Boyington Title: Chief Operations Officer City of Corpus Christi, Texas By: (Type or print name): Title: Date: August 9,2005 Date: Hue ''5 10:21a Vistasu 1 General Terms and Conditions 512-267-1892 p.3 1. General. These General Terris and Conditions are intended to provide for terms that are common to the Software Support Attachment, the Professional Services Attachment, and any other attachments and schedules which incorporate these terms and conditions. Accordingly, in the case of any conflict between the General Terms and Conditions and any Attachment or schedule, the General Terms and Conditions shall control and govern, unless otherwise expressly stated to the contrary. 2. Warranty. Software Warranty: The Customer has ordered Software and a Software License Attachment has been executed. Exigen Group, as the developer of VisiFLOW, wan -ants that the Software and media will perform substantially in accordance with documentation for a period of ninety (90) days from the delivery of the Software and media to Customer. Neither Exigen nor VistaSG warrants the Software to be error -free or operate without interruption. Customer's exclusive remedy for breach of this warranty shall be to notify VistaSG of the problem, in which event VistaSG shall, as authorized contractor for Exigen, repair or replace the defective Software. Exigen, as developer of VisiFLOW, will provide the replacement Software to remedy the breach of warranty. Services Warranty: If the Customer has ordered Professional Services and the Professional Services Attachment has been executed, VistaSG warrants that Services provided under this Agreement will be performed in a professional and competent manner in conformance with industry standards. Customer must report in writing any deficiencies within thirty (30) days of performance of the Services. For any breach of this Services Warranty, Customer's exclusive remedy and VistaSG's sole liability shall be re -performance of the Services. If VlstaSG is unable to re -perform the Services. Customer shall be entitled to recover fees paid for the deficient Services. 3. Disclaimer of Warranties. VISTASG MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION. ANY WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR REQUIREMENTS OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES, SOFTWARE OR ANY PORTION THEREOF. 4. Limitations of Liability. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH SECTION 2, OR AS EXPRESSLY REQUIRED BY LAW AND NOT VALIDLY DISCLAIMED IN THIS AGREEMENT, VISTASG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CLAIMED TO HAVE RESULTED FROM THE USE, OPERATION OR PERFORMANCE OF THE SOFTWARE, THE MAINTENANCE SERVICES, THE PROFESSIONAL. SERVICES, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED IN THIS AGREEMENT (COLLECTIVELY IN THIS AGREEMENT, THE "PRODUCTS"), REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL VISTASG BE LIABLE TO CUSTOMER FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF VISTASG HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, (8) ANY DAMAGES RESULTING FROM LATENT DEFECTS, LOSS OF DATA OR PROFITS, OR () ANY ACTUAL DAMAGES (EXCEPT DAMAGES RESULTING FROM GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT) IN EXCESS OF THE FEES PAID BY CUSTOMER UNDER THE RELEVANT ORDER AND IF SUCH DAMAGES RESULT FROM CUSTOMER'S USE OF THE SOFTWARE OR THE PROVISION OF SERVICES, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE RELEVANT SOFTWARE OR SERVICES GIVING RISE TO THE LIABILITY. Hug .H 75 10:22a VistaSG 512-267-1892 p.4 CUSTOMER AGREES THAT NO REPRESENTATION, WARRANTY, PROMISE OR AGREEMENT OF ANY VISTASG REPRESENTATIVE SHALL BE BINDING ON VISTASG UNLESS IT IS EXPRESSLY INCLUDED IN THIS AGREEMENT. EACH PARTY AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED FOR BASES AND WERE CONSIDERED PRIOR TO ENTERING INTO THIS AGREEMENT. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN VISTASG AND CUSTOMER. VISTASG'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. The DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY set forth above produce specific legal rights. Customer may have other rights which vary from state to state. Some states have laws which require warranty and liability rights different from those set forth in this Agreement. 5. Payment Terms_ Unless otherwise expressly set forth in an Attachment executed by both parties, all amounts shall be paid within thirty (30) days of receipt of invoice. VistaSG may charge interest on overdue accounts and any other fees and expenses not paid as provided hereunder at the rate of three PERCENT (3%) per month or maximum allowed under Texas law, whichever is less, commencing with the date payment was due. 6. Termination. Notwithstanding any other term or condition of this Agreement VistaSG shall have the right to terminate this Agreement upon the occurrence of any of the following events, and any such events are not remedied to the reasonable satisfaction of VistaSG within twenty (20) days after VistaSG has sent written notice to Customer thereof: (A) Customer fails to perform or observe any of its obligations to VistaSG under this Agreement, including, but not limited to, the timely payment of any sums due VistaSG, (B) Customer admits in writing its inability to pay its debts generally as they become due, or executes an assignment or similar document for the benefit of creditors, (C) the appointment of a receiver, trustee in bankruptcy or similar officer for the equity or assets of Customer, and (D) there is an assignment of this Agreement without the prior written consent of VistaSG; (E) Customer informs VistaSG of its intent not to comply with the terms of this Agreement. 7. Confidential Information. Certain information, product development plans methods techniques drawings, processes, or portions thereof supplied by one party (the "Disclosing Party") are trade secrets and Confidential Information ("Confidential Information") of the Disclosing Party. The Software and the documentation thereof, is the Confidential Information of VistaSG or its suppliers and are fumished solely to assist Customer in the use of the Software. Confidential Information includes any non-public information that is of value to the Disclosing Party or is otherwise treated as confidential and which is disclosed to the other party (the "Receiving Party"). The Receiving Party agrees to hold the Confidential Information disclosed by the Disclosing Party in strictest confidence and not to, directly or indirectly, copy, distribute, or otherwise disclose the Confidential Information to any third party. The Receiving Party shall not utilize the Confidential Information for any purpose whatsoever other than as expressly contemplated by this Agreement or any Attachment. This obligation shall continue for the term of the applicable Attachment and for a period of three years thereafter or such longer period of time as permitted by law. Because of the unique and proprietary nature of Confidential Information, the Receiving Party acknowledges that use or disclosure of Confidential Information would cause irreparable harm to the Disclosing Party. Accordingly, the parties agree that in such an event, any remedies at law for a breach will be inadequate and therefore, the Disclosing Party shall be entitled to seek equitable relief to protect its interests, as well as money damages. Both parties recognize that disclosure of information may be required under Texas Public Information Act, Chapter 552, Texas Government Code, as amended. 8. Miscellaneous. • Customer may not assign any of its rights or obligations hereunder except with VistaSG's prior written consent, and any attempted assignment shall be void. This Agreement shall be binding Rug lh COS 10:22a VistaSG 512-267-1892 p.5 upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. • Any Services acquired by Customer from VistaSG are deemed to have been procured in accordance with Texas law separately from any Software licenses granted under this Agreement, with Customer having the right to acquire such Services and Software licenses without acquiring the other. • All rights and remedies of the parties hereto are separate and cumulative. The waiver or failure of either party to exercise in any respect any right or remedy provided herein shall not be deemed a waiver of any further right or remedy hereunder. • Except for the obligation to make payments, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the nonperforming party. • Any action arising out of this Agreement (whether in contract, warranty, or in tort) must be brought by Customer within one year after the claim to which it relates first becomes known (or reasonably should have become known). • This Agreement shall be subject to, govemed by, and construed in accordance with the laws of the state of Texas without regard to its rules goveming conflicts of law and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action under this Agreement shall be in the Courts of Nueces County, Texas. • Notices hereunder shall be sent to the addressees on the face of this Agreement, or to such other addresses as specified by a notice complying herewith, and shall be deemed received upon actual receipt (or independent confirmation thereof). • Headings contained in this Agreement are for convenience only and are not part of this Agreement and do not in any way interpret, limit or amplify the scope, extent or intent of this Agreement or any of the provisions hereof. • In the event of any dispute arising out of this Agreement, the prevailing party shall be entititled to reasonable attorneys' fees, costs and expenses. Hug H -.ib 10:23a VistaSG Schedule A Software Support Attachment 512-287-1892 p.8 This Software Support Attachment (hereinafter "Support Attachment") between VistaSG and Customer is an addendum to the Master Agreement between VistaSG and Customer. Customer agrees to the following terms and conditions which are incorporated in and made part of the Master Agreement. The parties acknowledge that the General Terms and Conditions contain provisions that govern the entire relationship between the parties. Accordingly, in the event of any conflict between the General Terms and Conditions and this Support Attachment, the General Terms and Conditions shall control and govern. VistaSG agrees to provide to Customer the "Support Services" described below for the software for which software support services are elected (the "Covered Software"), in accordance with the following terms and conditions: 1. Software Support Services. A. Hours of Service Availability. Payment of the standard Support Fees (as defined in Section 5.A) entitles Customer to Support Services during the Principal Period of Maintenance (PPM). PPM is 10 hours a day, five days a week while this Support Attachment is in effect. The hours of immediate availablility are from 7am CST to 5 pm CST. B. Scope of Service. VistaSG will provide Support Services during the PPM as long as the Covered Software is at the current or the next most current revision level and operated in accordance with VistaSG's published specifications. Support Services are (1) telephone support to help resolve software failures during the PPM; resolution may be delivered as a Software Maintenance Update (SMU), software bug fix module or workarounds; (2) commercially reasonable efforts to report and test fixes to defects in the Covered Software that materially and adversely affect the efficiency or use of the Covered Software as described In VistaSG's written specifications; software program fixes will be provided for the current release only; and (3) delivery and installation of all software revisions provided by vendors that VistaSG deems necessary with respect to the Covered Software; and VistaSG will use its reasonable efforts to render Support Services within a reasonable time. C. Upgrades to Covered Software. During the PPM, VistaSG agrees to deliver to Customer without charge any upgrades containing error corrections or enhancements of the Covered Software ('Upgrades'). VistaSG may also offer to Customer new versions of the Covered Software which contain additional functionality, subject to an additional license fee. Support Services include installation or implementation of any Upgrades. This would not include installation and training for newly purchased modules. D. Service Limitations. Support Services are contingent upon the proper use of the Covered Software in accordance with VistaSG's published specifications and do not include any of the following, in the sole discretion or determination of VistaSG: (1) service on Covered Software installed In unsafe or hazardous environments; (2) service required by accident, neglect, alterations, improper use, or misuse of the Covered Software, or as necessitated by service or modifications attempted by non-VistaSG personnel; (3) service to a version other than the current or the next most current version of the Covered Software; (4) efforts to restore the software version and/or data beyond the most recent back-up; (5) service related to software (or components thereof) Hue id :5 10:23a VistaSG 512-267-1892 p.7 other than the Covered Software; (6) service related to unqualified products, either hardware or software, that are attached or installed in or to the Covered Software that have not been previously approved by VistaSG; (7) service due to problems that are not directly caused by, or the direct result of the Covered Software, including failure of hardware or failure of Customer's operating system; or (8) service due to problems attributable to third party hardware and/or software. E Notwithstanding anything to the contrary contained in this Support Attachment, during the PPM, VistaSG shall use commercially reasonable efforts to respond to problems in accordance with the "Priority Codes" set forth below. The Priority Codes below depict the priority level to be assigned by VistaSG to each issue or problem phoned in by Customer. "A Priority" - A Software error renders the Software inoperable. Resources assigned within two (2) hours after notice during PPM. "B Priority" - A Software error is detected for a system module which seriously impairs system operations, but does not render it inoperable. Resources assigned within four (4) hours after notice during PPM. "C Priority" - Minor problems which VistaSG does not plan to address in a future software release, to be generally resolved during PPM within 30 days. "D Priority" - Minor problems which VistaSG plans, or will plan to incorporate into a future software release, to be resolved in connection with the general commercial availability of such future software release. 2. Customer's Responsibilities. Customer shall provide reasonable assistance to VistaSG in the performance of Support Services, including without limitation, providing VistaSG copies of all data and other files reasonably required to verify, reproduce, diagnose and resolve reported problems. Customer is responsible for maintenance and installation of any common carrier equipment or communication services related to or used by the Covered Software and not furnished by VistaSG, including without limitation the capibilty for VistaSG to use Microsoft Live -Meeting for remote access. Customer is responsible for charges incurred for communication facilities from Customer's facilities, whether incurred by Customer or by VistaSG's service representatives while performing service on the Covered Software. Customer is responsible for performing all system software backups and restoration of data. Customer is responsible for upgrading Customer's operating environment in the event that failure to do so affects the performance of the Software. Customer shall notify VistaSG of any Covered Software failure and shall allow VistaSG full and free access to the Covered Software for performing Support Services. Customer agrees that VistaSG shall have all rights and licenses of third parties necessary or appropriate for VistaSG to access the hardware and third party software in the performance of the Support Services. VistaSG shall not be responsible for loss of use arising from Customer's failure to fulfil its obligations under this Section. 3. Alterations, Additions or Modifications. VistaSG will not be responsible to Customer for loss of use of the Covered Software or for any other liabilities arising from alterations, additions or modifications which are made to the Covered Software by other than authorized service representatives of VistaSG. If in the opinion of VistaSG, any such alteration, addition or modification adversely affects VistaSG's ability to render Support Services, VistaSG reserves the right to terminate this Support Attachment immediately upon written notice to Customer. 4 Tenn and Applicability to Other Attachments with VistaSG If this Support Attachment first goes into effect at any time other than its initial purchase, the initial term shall commence on the date of signing of this Support Attachment. The term of service for upgrades and other software added as Covered Software shall be coterminous with the term of service applicable to the Covered Software initially covered. +uc x lS 10:24a V)staSG 512-287-1892 p.8 After the initial term, Support Services shall be automatically renewed for successive one (1) year periods unless either party notifies the other on or before ninety (90) days prior to the end of the then existing term. 5 Support Fees A. Definition. "Support Fees" are the total annual charges designated as such on Schedule A during the initial term. Support Fees cover Support Services performed at VistaSG's facilities. Expenses for onsite maintenance will be billed separately from annual fees. After the initial term and upon forty-five (45) days written notice, VistaSG may increase the Support Fees by 3% or to its standard support fees then in effect If Customer does not terminate service, the new Support Fees shall become effective on the date specified in the notice. B. Invoices. Support Fees shall first come due upon the commencement of the initial term as provided in Section 4 above. Support Fees for renewal terms shall be payable annually in U.S. Dollars, in advance on or before the anniversary of the Software Support Agreement of each year. One-time charges will be invoiced by VistaSG as incurred. Partial year invoicing will be prorated on the basis of twelve thirty -day (30 -day) months. Customer shall pay each Support Fee and all other invoice charges in full within thirty (30) days of the applicable invoice date. C. Default. Customer shall be deemed to have defaulted in payment if it has not paid VistaSG all amounts due within thirty (30) days after receipt of each applicable invoice. Customer's failure to pay any charges when due shall also constitute sufficient cause for VistaSG to suspend or terminate Support Services under this Agreement. Aug H 1S 10:24a VistaSG Schedule 6 Professional Services Attachment 512-267-1892 p.9 This Professional Services Attachment, between VistaSG and Customer is an addendum to the Master Agreement between VistaSG and Customer Customer agrees to the following terms and conditions which are incorporated in and made a part of the Master Agreement. The parties acknowledge that the General Terms and Conditions contain provisions that govern the entire relationship between the parties. Accordingly, in the event of any conflict between the General Terms and Conditions and this Services Attachment, the General Terms and Conditions shall control and govem. 1. Services A, Prior to commencing any Services, the Customer and VistaSG must agree to and execute a Statement of Work. Each time Customer desires to engage VistaSG to provide additional Professional Services to Customer, the parties will enter into another mutually agreed upon Statement of Work which is incorporated into the initial Statement of Work. The Statement of Work (as amended or supplemented from time to time) will at a minimum: (i) describe the specific Professional Services that VistaSG is to provide to Customer under that engagement, (ii) set forth the fees that Customer agrees to pay for those Professional Services and the manner in which Customer agrees to pay those fees, (iii) set forth the time frame for performance of those Professional Services, and (iv) incorporate by reference the terms and conditions of this Services Attachment (which terms and conditions are hereby deemed incorporated notwithstanding the parties' failure to do so). B Hours of Service: The VistaSG consultant will perform Professional Services during the hours of 9:00 am and 5:00 pm., local time, Monday through Friday, excluding VistaSG holidays, or at such other hours as the parties may mutually agree to. This represents a different Hours of Service than the Hours of immediate assistance provided by the VistaSG Help Desk. C Should an VistaSG consultant be unable to perform the Professional Services under this Services Attachment because of illness, resignation or other causes beyond VistaSG's control, VistaSG will attempt to replace such consultant within a reasonable time, but VistaSG shall not be liable for failure to replace such consultant within the schedule. D Customer shall fumish VistaSG, at Customer's expense, all technical data and information as may be determined by VistaSG to be necessary for the performance of the Professional Services. Customer shall grant VistaSG access to any software or hardware at such times and as so configured as may be required for the adequate performance of the Professional Services. Customer agrees that VistaSG shall have all rights and licenses of third parties necessary or appropriate for VistaSG to access any hardware and software in the performance of the Professional Services Customer agrees that any hardware or software that the customer uses can also be used by VistaSG at customers expense. 2. Charges. Customer agrees to pay fees for the Services as provided on the Statement of Work. The Services are provided on a time and materials basis meaning that Customer shall pay VistaSG for all time spent performing the Services, plus materials, taxes and reasonable expenses. Any estimate related to the Services are intended to be an estimate for budgetary and scheduling purposes only and does include reasonable expenses or taxes. However, Customer is obligated to pay fees in excess of estimate stated in Statement of Work, without prior written approval of Customer Director of Municipal Information Services. Fixed bid services are exempt from the above terms. All charges and rates are exclusive of all sales, use and like taxes. Rut H )5 ; 0:25a VistaSG 512-267-1892 p.10 Such taxes are the responsibility of Customer and, if incurred by VistaSG on Customer's behalf, will be billed to Customer as a separate line item on each invoice. 3. Control and Supervision. It is the express intention of the parties that VistaSG (including, but not limited to, its employees and representatives) is an independent contractor and not an employee, agent, or partner of Customer. Nothing in this Agreement shall be interpreted as creating the relationship of employer and employee between VistaSG and Customer. 4. Ownership of Work Product. VistaSG shall retain all copyrights, patent rights and other intellectual property rights to all material created for Customer under this Services Attachment, including, but not limited to, software and documentation (collectively referred to as 'Work Product"). VistaSG, subject to the payment by Customer of all charges related to the Professional Services, grants to Customer a personal, non-exclusive, non -transferable and royalty free license to use such Work Product furnished to Customer by VistaSG under this Services Attachment. All other software and related documentation furnished to Customer by VistaSG shall be subject to the Agreement Except and to the extent expressly provided in this Paragraph, no license or other right is hereby transferred or granted to Customer, including any license by Implication, estoppel or otherwise, under any patent, trade secret, trademark, copyright or other intellectual property right. 5. VistaSG Personnel. The parties recognize that VistaSG (and its employees and representatives) may perform services similar to the Professional Services from time to time for other parties. Accordingly, nothing in this Services Attachment (or the Agreement) shall prevent VistaSG from performing such similar services or restrict VistaSG's use of the same employee(s) and representative(s) provided to Customer. VistaSG reserves the sole right to determine each assignment of VistaSG personnel under this Agreement or otherwise. Customer acknowledges and agrees that VistaSG employees are a valuable asset and difficult to replace. Accordingly, Customer agrees that, for a period of one year after the completion of the Services, it will not offer employment to any VistaSG employee involved in the provision of the Services. 6. Term. This Services Attachment shall become effective on the date of acceptance by VistaSG and shall remain in force until terminated with thirty (30) days prior written notice. Completion of any Services, any ordered Services or the absence of orders for Services shall not terminate this Services Attachment, it being the intent of the parties to keep this Services Attachment in effect in the event of future orders for Services. 23 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month software maintenance agreement with Tiburon Inc. of Fremont, California in an amount not to exceed $96,150. Included in the maintenance agreement are the Tiburon modules for Records Management, Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging. ISSUE: Software must be maintained to allow for upgrades and improvements and to ensure that is stays compatible with other systems. Tiburon, Inc. provided a quote for annual maintenance from September 1, 2005 through August 31, 2006 of the City of Corpus Christi's Tiburon applications. Tiburon, Inc. is the sole provider of Tiburon application software maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: On November 25, 1997, City Council authorized purchase of the Computer Aided Dispatch and Records Management Systems with associated hardware. Since that time, City Council has approved subsequent annual software maintenance renewals. FUNDING: Amount Budgeted $96,150 Source of Funds 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gericke Director of MIS Attachments: Exhibit A — Software Support and Maintenance Fees Exhibit B — Schedule of Services and Charges Exhibit C — Invoice # P242535 BACKGROUND INFORMATION The Records Management System is the backbone of all information processed by the Police Department — offense reports, traffic reports, supplementary reports, pawn shop data, alarms records, criminal history checks, arrest records, etc. The Computer Aided Dispatching is a computerized system by which information is received from the public through 911 and dispatched to officers in the field. Mobile Data is the laptops in the vehicles and the Automated Vehicle Locator is the system used to provide locations of all patrol units on a GIS mapping system. The systems were implemented in 1997 to replace outdated technology. 13/0/.'00.5 11:80 3619262960 1JDICIAL PAGE 01/04 EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CLIENT CONTACT — Susan Allen Corpus Christi Police Department CLIENT it NU115-05 321 John Sartain Corpus Christi, TX 78401 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service (the "Agreement"). The term of the Agreement shall commence on the effective date and shell continue until termination in accordance with the terms thereof. This exhibit sets forth the current annual maintenance fee for the software applications and software modules listed below. Upon payment of the amount set forth below, this Exhibit A shall be attached to and become part of the Agreement. Except as provided below, annual maintenance fees are payable in advance of each anniversary of the effective date of the Agreement, Tiburon reserves the right to increase the annual maintenance fee on an annual basis upon ninety (90) days prior written notice to the CLIENT, which adjustments shall become effective on the anniversary of the effective date of the Agreement. The annual maintenance fee will be adjusted as necessary to reflect changes in the software applications end software modules listed below or changes in the level of support provided under the Agreement. Such adjustments will be charged or credited as incurred on a pro rata basis and will be reflected hi a new Exhibit A, which, upon delivery to the CLIENT, shall be attached to, and become part of, the Agreement. Payments for all technical services outside the scope of Basic Services and Options included in the CLIENTS annual maintenance fee shall be invoiced to the CLIENT as incurred. All such invoices shall be due and payable within thirty (30) days of CLIENT'S receipt thereof Tiburon reserves the right to charge an administrative fee of 10% of the annual maintenance fees for semi- annual or quarterly invoices. Software Model Months CPU Make Start End Total Fees PRMS 12 9/1/05 8/31/06 $ 17,961.00 ICN 12 9/1/05 8/31/06 $ 2,397.00 CAD 92 911105 8/31/06 $ 17,961.00 MCI 12 9/1/05 8/31106 $ 2,397.00 911 Interface 12 9/1/05 8/31/06 $ 2,397.00 EXT -State 12 9/1105 8/31/06 $ 4,308.00 Pers -Training 12 9/1/05 8/31/06 $ 2,397.00 Pawn Upload 12 9/1/05 8/31/06 $ 4,375.00 Court Interface 12 9/1/05 8/31/06 $ 8,259.00 AVL 12 9/1/05 8/31/06 $ 7,293.00 MDC 12 9/1/05 8131/06 $ 15,169.00 TIPS 12 9/1/05 8/31/06 $ 8,061.00 Mobile Viewer 12 9/1105 8/31/06 $ 3,175.00 Total $ 96,150.00 Failure to pay when due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts owing under the Agreement shall constitute a default under the Agreement and could result in the termination of support services under the Agreement, additional administrative charges for reinstating lapsed support services, as welt as collection fees (including reasonable attorneys' fees and expenses). Corpub Christi Ex A 2005 Page 1 of 1 Of •210h 1I:00 6182E29Ea JUDICIAL PAGE 02/04 EXHIBIT 8 TO THE AGREEMENT FOR EXTENDED SERVICE SCHEDULE OF SERVICES AND CHARGES Support and Maintenance provided to the CLIENT listed In Exhibit A shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service (the "Agreement"). Upon CLIENT's payment of the amount set forth on Exhibit A to the Agreement, this Exhibit B shall be attached to, and become part of the Agreement. Any changes to the services options selected in this Exhibit B shall be reflected in a new Exhibit 8 which, upon payment of any additional amounts due, shall be attached to, and become part of, the Agreement. BASIC SERVICES TIBURON will provide basic services as defined in the Statement of Work contained in Section 2 of the Extended Service Agreement for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Central Time, excluding weekends and normal TIBURON holidays, unless the s24/7" Service Option is selected. In all cases, call -out charges will apply as described below. Tiburon personnel will visit CLIENT site periodically and meet with management, operations and other user personnel to conduct an operations review of the systems and an analysis of the CLIENT'S automation requirements. A report will be produced to include observations and recommendations regarding the CLIENT's use of the system. Working with the CLIENT, this review will be further documented in the form of a multi-year automation plan for the CLIENT. There will be no charge for this service if total annual maintenance exceeds $20,000. Ube following is paraphrased from the recently adopted Bylaws. Voting membership in the Tiburon User Group, as set forth herein, is included in the Basic Service. The quantity of voting members is based on the number of Tiburon products installed, with the appropriate software licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined as Phoenix - Computer Aided Dispatch, Police Records Management, Fire Management Information System, Jail Management Information System, and Communication & Interfaces The Tiburon User Group Conference is held annually at a location to be determined. "24/7" SERVICE OPTION $7,000 per year/per system (initial) Products not normally covered by 24-hour support may optionally be supported with 24-hour coverage (including TIBURON holidays). Applicable call -out charges continue to apply. if this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON software systems, subsystems and TIBURON provided third -party products, such as hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third -party peripherals required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party. Corpus Christi Ex a 2005 Page 1 of 2 005 :1:'deE18:229Et CIAL PAGE 03/04 GOLD CARD SERVICE OPTION Quote available on request A total support program is tailored for CLIENT and includes a schedule of on-site visits by TIBURON personnel for data base management, working with end users to identify and resolve problems and to apply agreed upon software changes, installation of new software products obtained through this Agreement, end a comprehensive training program (If selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be attached as Exhibit C and incorporated herein by reference.) TECHNICAL SERVICE RATES 1. Technical Service Rates Technical Services Rates shall be invoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not under Basic Services or "24/7" Service Option as described previously. covered 2. Materials. Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call -Out Charms Systems not covered under 24/7 support, call -outs will be billed at $250 per call. After the first hour, the rate is $250 per hour with a two-hour minimum. If CLIENT'S systems are covered under the 24/7 support, the off -hour call -out fee is $50. 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, software, and operating environment for dial -in service. If CLIENT does not provide this support for dial -in service, the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on-site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 2. Corpus Christi Ex a 2005 Page 2 of 2 ror 1:9E i51 L2F.9h 111 ais 110 rinidolin rib A Cereabyr,e Compm,y (510) 792-2108 Fax (510) 494-8394 Invoice No. P242535 I,_iDrriAL PAGE 04/04 Attention Name Address City Phone Susan Allen Corpus Christi Police Department 321 John Sartain Corpus Christi State TX ZIP 78401 Reference. Software Support & Maintenance Qty Description September 1, 2005 to August 31, 2006 1 PRMS 1 ICN 1 CAD 1 MCI 1 911 Interface 1 EXT -State 1 Pers -Training 1 Pawn Upload 1 Court Interface 1 AVL 1 IMDC 1 TIPS 1 Mobile Viewer 7) Date P.Q. No. Payment due by: On or Before 9/1/05 Authorized by: Sign -Off Project Code N U115-05/12$00 _06 21 -Jun -05 Unit Price $17,961.00 $2,397.00 $17,961.00 $2,397.00 $2,397.00 $4,308.00 $2,397.00 $4,375.00 $8,259.00 $7,293.00 $15,169.00 $8,061.00 $3,175.00 TOTAL $17,961.00 $2,397.00 $17,961.00 $2,397.00 $2,397.00 $4,308.00 $2,397 00 $4,375.00 $8,259.00 $7,293.00 $15,169.00 $8,061.00 $3,175.00 TOTAL Failure to pay invoice on or before due date may result in termination of support $96,150.00 f Tiburon reserves the right to charge an administration fee for reinstatement of lapsed support Client shall be responsible for all collection and/or attorney fees associated with the collection efforts associated with this invoice. Remit To: Tiburon Inc. 39350 Civic Center Drive Fremont, CA 94538 24 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc. of Redlands, Califomia in an amount not to exceed $41,667.60 for the ESRI suite of products used by the City's Geographic Information System users. ISSUE: Software must be maintained to allow for continued operation of the time management system, upgrades and improvements and to ensure that it stays compatible with other systems. ESRI, Inc. has provided quote #25162010 for annual maintenance from October 2, 2005 through October 1, 2006 of the City of Corpus Christi's ESRI suite of application software. ESRI, Inc. is the sole provider of ESRI application software/hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On March 26, 2002 the City Council approved purchase of the ESRI, Inc. software. Since that time, City Council has approved subsequent annual software maintenance renewals. FUNDING: The total cost of $41,667.60 will be funded from the MIS Department Fiscal Year 2005-2006 budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. C::, .f a-cticx.- Ogilvie F. Gericke Director of MIS Attachments: None ESRI ESRI Inc 380 New York Street REDLANDS CA 92373 SUBJECT: DATE: TO: ORGANIZATION: FAX #: FROM: FAX #: EMAIL: Number of pages transmitted (including this cover sheet): MAINTENANCE QUOTE 07/25/2005 Connie Bums CITY OF CORPUS CHRISTI MIS DATA CENTER 361-826-4311 PHONE #: 361-880-3830 Matt Antal 909-307-3083 PHONE #: 909-793-2853 Ext. mantol@esri.com 7 QUOTATION #25162010 Please find the attached quotation for your forthcoming software maintenance term. As you know, keeping your maintenance current entitles you to exclusive benefits that may include technical support, software upgrades, and User Conference registrations. If you choose to discontinue your maintenance, you will become ineligible for maintenance benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. This quote has been prepared using new ArcGIS 9.1 licensing guidelines. At 9.1, Arclnfo will include the functionality and data from ArcScan, ArcPress, Maplex, and StreetMap; ArcEditor will include the functionality and data from ArcScan, ArcPress, and Streetmap; ArcView will include the functionality and data from ArcPress and Streetmap; ArcGIS Engine will include the functionality and data from StreetMap; and ArcGIS Server will include the functionality and data from StreetMap. Due to these changes, these extensions are no longer itemized in maintenance quotes because coverage will be included with the maintenance fee for the core product. Customers who have multiple copies of some ESRI products may have the option of supporting some of their licenses with secondary maintenance. Secondary maintenance entitles users to software upgrades and technical support through a primary license. Users must support at least one primary license for every ten copies of each version of a product (e.g., ArcView 3.x licensing is regarded as separate from ArcView 9.x). Please contact Customer Service to find out more about the availability of secondary maintenance. If you are using ESRI products that are at previous versions, or if you have software that is not currently covered by one of our programs, please contact us for information about the different options that are available to you. ESRI ESRI Inc 380 New York Street REDLANDS CA 92373 Do you need training? You can get affordable ESRI software training for your entire organization with a subscription to ESRI Virtual Campus. To find out how, visit the campus: http://campus.esri.com/campus/catalog/subscriptions If you have any questions or need additional information, please contact Customer Service at 888-377-4575. ESRI Date: 07/08/2005 380 New York Street REDLANDS, CA 92373 Phone: 909-793-2853 Fax #: 909-307-3083 Quotation Number: 25162010 Quotation CITY OF CORPUS CHRISTI MIS DATA CENTER CITY HALL 1201 LEOPARD ST CORPUS CHRISTI TX 78401-2120 Attn: Connie Burns Customer Number: 201995 Send Purchase Orders To: ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Matt Antol Please include the following remittance address on your Purchase Order: ESRI Inc. File #54630 Los Angeles, CA 90074-4630 Item Qty Product# Description 10 2 52384 Unit Price Extended Price IF YOU HAVE ANY QUESTIONS REGARDING YOUR MAINZ ENANCE QUO rAl ION, PLEASE CONTACT CUSTOMER SERVICE AT 888-3774575 MAINT,PRIM,AI,FL Arclnfo Floating Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 20 1 52385 MAINT,SCNDRY,AI,FL Arclnfo Floating Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 3,000.00 6,000.00 1,200.00 1,200.00 30 9 52385 MAINT,SCNDRY,AI,FL 1,200.00 10,800.00 Arclnfo Floating Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 40 52396 MAINT,PRIM,COGO,FL ArcCOGO Floating Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 500.00 500.00 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organizations budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Matt Antol Ext: To expedite your order, please reference your customer number and this quotation number on your purchase order. (ANTOLMI ESRI 380 New York Street REDLANDS, CA 92373 Quotation Phone. 909-793-2853 Page 2 Fax #. 909-307-3083 Date: 07/08/2005 Quotation Number: 25162010 Item Oty Product# Description Unit Price Extended Price 50 2 87194 MAINT,PRIM,AV,CU 700.00 1,400.00 ArcView Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 60 1 87195 MAINT,SCNDRY,AV,CU 500.00 500.00 ArcView Concurrent Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 70 16 87195 MAINT,SCNDRY,AV,CU 500.00 8,000.00 ArcView Concurrent Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 80 1 87198 MAINT,PRIM,AG 3D,CU ArcGIS 3D Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 500.00 500.00 90 2 87199 MAINT,SCNDRY,AG 3D,CU 200.00 ArcGIS 3D Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 400.00 100 2 87213 MAINT,DSG,ASDE,SRVR,2CPU 3,000.00 6,000.00 ArcSDE Developer Support Group Maintenance for 1 Server 2 CPUs and 5 Read and Write Connections Start Date: 10/02/2005 End Date: 10/01/2006 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRD. Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a curent tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Matt Antol Ext: To expedite your order, please reference your customer number and this quotation number on your purchase order. IANTOLMI 380 New York Street REDLANDS, CA 92373 Quotation Phone: 909-793-2853 Page 3 Fax #: 909-307-3083 Date: 07/08/2005 Quotation Number: 25162010 Item Qty Product# Description Unit Price Extended Price 110 1 87232 MAINT,PRIM,AG SA,CU 500.00 ArcGIS Spatial Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 120 6 87233 MAINT,SCNDRY,AG SA,CU 200.00 ArcGIS Spatial Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 130 1 87236 MAINT,PRIM,AG GA,CU 500.00 ArcGIS Geostatistical Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 140 1 87237 MAINT,SCNDRY,AG GA,CU 200.00 ArcGIS Geostatistical Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 150 1 92628 MAINT,PRIM,AG SRVAN,CU 500.00 ArcGIS Survey Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT -INTEL 160 1 97534 MAINT,AIMS,1 SRVR,2CPU ArcIMS 1 Server 2 CPUs Maintenance Start Date: 03/02/2006 End Date: 10/01/2006 170 1 97534 MAINT,AIMS,1 SRVR,2CPU ArcIMS 1 Server 2 CPUs Maintenance 500.00 1,200.00 500.00 200.00 500.00 1,172.60 1,172.60 2,000.00 2,000.00 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Matt Antol Ext: To expedite your order, please reference your customer number and this quotation number on your purchase order. (ANTOLMI 380 New York Street REDLANDS, CA 92373 Phone: 909-793-2853 Fax #: 909-307-3083 Date: 07/08/2005 Quotation Number: 25162010 Quotation Page 4 Item Qty Product# Description Unit Price Extended Price Start Date: 10/02/2005 End Date 10/01/2006 180 1 98880 TECH SUP,APAD Annual Support Assistance Program for ArcPad Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: GENERIC DESKTOP 295.00 295.00 Subtotal 41,667.60 Shipping & Handling 0.00 Estimated Tax 0.00 Total $ 41,667.60 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside paries or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Matt Antol Ext: To expedite your order, please reference your customer number and this quotation number on your purchase order. IANTOLMI ESRI 380 New York Street REDLANDS, CA 92373 Quotation Phone. 909-793-2853 Page 5 Fax it 909-307-3083 Date: 07/08/2005 Quotation Number: 25162010 Item Qty Product# Description Unit Price Extended Price BY SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted to ESRI, or sign below and return this quotation to indicate your acceptance. ESRI's address and fax number are provided on the first page of this quotation. If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. By signing below, you are authorizing ESRI to issue a software maintenance invoice in the amount of: Signature of Authorized Representative Name (Please Print) Title This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization Is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption rertificate issued by your states taxing authority for the given jurisdiction. Issued By: Matt Antol Ext: To expedite your order, please reference your customer number and this quotation number on your purchase order. IANTOLMI 25 AGENDA MEMORANDUM AGENDA ITEM: August 23, 2005 Motion authorizing the City Manager to execute a "Standard Form Contract For Providing Water Where Property Is Situated Partly Or Wholly Beyond City Limits" with Bay Area Fellowship, a Texas domestic nonprofit corporation, owner and developer of Bay Area Fellowship Church Tract, Block 1, Lot 1, located east of Chapman Ranch Road and south of the Oso Creek, in accordance with the City Code of Ordinances, Article VIII -Water Service Outside City, Section 55-111 Contract requirements where land is partly or wholly beyond city, and declaring it an emergency. ISSUE: Pastor Paul Schulz on behalf of Bay Area Fellowship Church, owner and developer of Bay Area Fellowship Church Tract, Block 1, Lot 1 has submitted signed copies of a "Standard Form Contract For Providing Water Where Property Is Situated Partly Or Wholly Beyond City Limits" in accordance with the City Code of Ordinances, Article VII — Water Services Outside City, Section 55-111 Contract requirements where land is partly or wholly beyond City. According with the contract, the City agrees to deliver City water to the property or to water lines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Contract and Agreement with Bay Area Fellowship Church in which the City agrees to deliver City water to Bay Area Fellowship Church Tract, Lot 1, Block 1, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. RECOMMENDATION: Staff recommends approval of the motion as presented. B. A. o�, A.I.C.P. Director Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Background Information Location Map Water Location map Contract Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Bay Area Fellowship Church Tract, Block 1, Lot 1 located east of Chapman Ranch Road (State Highway 286) and south of Oso Creek required the developer to obtain water services. The City will allow the developer to connect to an 8 -inch water distribution, previously installed along the east side of Chapman Ranch Road (see Exhibit C), once a contract for providing water where property is situated partly or wholly beyond City Limits is signed and approved by City Council. The site of the future Bay Area Fellowship Church lies just east of the City's limit line along Chapman Ranch Road but not contiguous along and south of Oso Creek hence requiring the developer and the City to enter into a contract for providing water where a property is situated beyond City Limits (see Exhibit B). The owner and developer of Bay Area Fellowship Church Tract Bock 1, Lot 1 has agreed to construct all required water improvements within the property in accordance and compliance with all City codes and regulations, and obtain construction permits as though the property were inside the City. In addition, the owner has consented to allow inspections of all of the construction by City inspectors in charge with the enforcement of codes and regulations. The City of Corpus Christi and Bay Area Fellowship Church have agreed that the Bay Area Fellowship Tract Block 1, Lot 1 shall be incorporated within the boundaries of the City of Corpus Christi, and shall become a part of thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55-111, as amended, of the Code of Ordinances, at a date solely determined by the City Council. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A CITY LIMIT LINE-_ CABANISS NAVAL LA G AUXILIARY \\\ FIELD LOCATION MAP SCALE: N.T.S. SHEET TITLE: VICINITY MAP i(irURB/A& I ENGINEERING CORPUS CHRIST. loos l_'_ -JY, 1m PiIMa BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS SCALE: N.T.S. JOB NO. 39237A4.01 ORIGINAL ISSUE DATE: 4-28-05 CITY LIMIT LINE OSO CREEK • _ L EXISTING 8—TNCH WATER MAIN - EXHIBIT C ROAD F.M. ROAD 43 (WEBER ROAD) _ _ STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between Bay Area Fellowship ("Owner(s)"), whose address is 8001 S.P.I.D., Corpus Christi, Texas 78412, and the City Of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions stated in this contract. WITNESSETH: I. That Owner(s) is/are owner(s) in fee simple and of all existing rights, titles, and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit 1" and being more particularly described as follows, to -wit: Bay Area Fellowship Church Tract, Block 1, Lot 1 II, City agrees to deliver City water to the property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner(s) agree(s) to construct all improvements on the property in accordance and compliance with all City codes and regulations, and to obtain all City technical construction permits as though the property were inside the City. Owner(s) consent(s) to allow inspections of all of the construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner(s) agree(s) that as to any improvements the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. It is agreed by and between the parties to this contract that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55- 111, as amended, of the Code of Ordinances, City of Corpus Christi; and the Owner agrees to annex the property within the effective date of the annexation being the date when the property becomes adjacent to the City limits, or will become adjacent to the EXHIBIT D city limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. V. Owners(s) agrees and understands that a breach of the covenants and conditions in this contract render Owner(s) liable to termination of the delivery of water by the City, and upon a finding of fact by the City Manager that any of the covenants or conditions in this contract have been materially breached, the delivery of water to owner will be terminated. VI. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. VII. It is agreed by and between the parties to this contract that all of the above conditions shall be binding upon the successors and assigned of the Owner(s) and each of them, and constitute covenants running with the land. WITNESS OUR HAND, thisZga y of 2005. Owners(s): By: Paul Schulz Executive Pastor THE STATE OF TEXAS COUNTY OF NUECES 11 This instrument was acknowledged before me on this the %ip " day of JUS 2005 by Paul Schutz, Executive Pastor, on behalf of Bay Area Fellowship a Texas domestic nonprofit corporation. Notary Public, State of Texas City of Corpus Christi George K. Noe City Manager APPROVED AS TO FORM: ATTEST: R. y R: ning Fir t As istan ity Attorney For City Attorney Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 2005, by George K. Noe, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas CITY LIMIT LINE— ///. .1NE-- L C P 4S iti Sock Pork 0/ c / 2� 6E cc y if'CRe %O ? W a /~ Rc d,�Wp f y_ C 03J 2r 4 C: 9� DR ( Corpus Ch Minor ((( Seminory Ce et, O2� 3`FY� 3sP O � ,404 i B mt �� m//yAAy��AAAt Surre` so CAE — �.iuw. LANDING FIELD CABANISS NAVAL AUXILIARY LANDING FIELD Al- SITE29 ROAD 42. os lss f/ A 3� Ay �Rfst J k< Crestrno 0� PorkPork " Ho0. ts,ca. LOCATION MAP SCALE: N.T.S. ork Po EXHIBIT 1 SHEET TITLE: VICINITY MAP VC®aNI ENGINEERING COM.us CHRIST. 1E03 BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS SCALE. N_TLS. - JOB NO. 39237A4.01 -- — - -�n�- ORIGINAL ISSUE DATE: 4-28-05 STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between Bay Area Fellowship ("Owner(s)"), whose address is 8001 S.P.I.D., Corpus Christi, Texas 78412, and the City Of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions stated in this contract. WITNESSETH: I. That Owner(s) is/are owner(s) in fee simple and of all existing rights, titles, and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Fxhibit 1" and being more particularly described as follows, to -wit: Bay Area Fellowship Church Tract, Block 1, Lot 1 II. City agrees to deliver City water to the property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner(s) agree(s) to construct all improvements on the property in accordance and compliance with all City codes and regulations, and to obtain all City technical construction permits as though the property were inside the City. Owner(s) consent(s) to allow inspections of all of the construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner(s) agree(s) that as to any improvements the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. It is agreed by and between the parties to this contract that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55- 111, as amended, of the Code of Ordinances, City of Corpus Christi; and the Owner agrees to annex the property within the effective date of the annexation being the date when the property becomes adjacent to the City limits, or will become adjacent to the EXHIBIT D city limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. V. Owners(s) agrees and understands that a breach of the covenants and conditions in this contract render Owner(s) liable to termination of the delivery of water by the City, and upon a finding of fact by the City Manager that any of the covenants or conditions in this contract have been materially breached, the delivery of water to owner will be terminated. VI. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. VII. It is agreed by and between the parties to this contract that all of the above conditions shall be binding upon the successors and assigned of the Owner(s) and each of them, and constitute covenants running with the land. WITNESS OUR HAND, thisZ$ day of J . /7 , 2005. Owners(s): By // Paul Schulz Executive Pastor THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this then " day of 310 2005 by Paul Schulz, Executive Pastor, on behalf of Bay Area Fellowship, a Texas domestic nonprofit corporation. Notary Public, State of Texas s _cix�ua�► u MYoowoaoos x, :Mardi 0.2039 City of Corpus Christi George K. Noe City Manager APPROVED AS TO FORM: ATTEST: R. J. R: ming Armando Chapa First Assistant City Attorney City Secretary For City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 2005, by George K. Noe, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas CITY LIMIT LINE-_ CABANISS NAVAL — AUXILIARY LANDING FIELD LOCATION MAP SCALE: N.T.S. EXHIBIT 1 SHEET TITLE: VICINITY MAP ISCALE N.T.S. AEURBANi ENGINEERING coaous again. In* 17.1=4-1.1 Olt 001•3.-111101 BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS JOB NO. 39237A4.01 ORIGINAL ISSUE DATE: 4-28-05 26 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 23, 2005 n. Ordinance authorizing the City Manager, or his designee, to execute an Amendment to a Use Privilege Agreement with Gary L Martin and Mina K. Martin, Jack Taylor, and Romel Gregorio to allow two additional connections to an existing private lift station and 3 -inch force main approved by Ordinance No. 023854 (11-30-99); subject to owner's compliance with the amended specified conditions; and declaring an emergency. b. Ordinance authorizing the City Manager, or his designee, to execute a Private Wastewater System Service Agreement with Gary L Martin and Mina K. Martin, Jack Taylor, and Romel Gregorio to allow the use and operation of a private wastewater system, including a temporary lift station and force main, until the properties subject to this agreement can be directly connected to the City's wastewater system in conformance with the Wastewater Collection System Master Plan (Allison WWTP Service Area) and other City requirements; and declaring an emergency. ISSUE: (a)The property owners are requesting the amendment to an existing approved Use Privilege Agreement to allow the connection of two adjacent property owners to an existing private lift station and 3 -inch force main. The previously approved Use Privilege Agreement prohibited the connection of additional properties to the private lift station and force main. (b)The Private Wastewater System Service Agreement protects the City's interest in regulating the use of this private system. The Agreement outlines the property owner's responsibilities for maintenance, compliance with Federal, State, and local regulations, and insurance. Additionally, the agreement requires one of the owners to correct an illegal subdivision of property. REQUIRED COUNCIL ACTION: (a)City Charter requires Council approval for any change in the terms to use any portion of public right-of-way for private purposes. (b)Council approval of the agreement provides additional leverage to City Staff if enforcement of provisions of the agreement Is required. RECOMMENDATION: Staff recommends approval of the ordinance as presented. B.A. Holly, Director of Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Location Map Exhibit D Use Privilege Agreement Amendment Exhibit E Private Wastewater System Service Agreement P elopment Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: a. Amended Use Privilege Agreement: Mr Jack Taylor, owner and developer of Lot 1A, Block 1, Taylor/Best Plaza and Mr. Romel Gregorio, owner and developer of 1.92 acres out of Lot 2, Block 1, Martin Plaza propose to connect to a Private Lift Station and 3 -inch Force Main previously authorized by the City in November 30, 1999, (Ordinance No. 023854). Mr. Gary Martin was the initial developer that applied for the Use Privilege Agreement to provide sanitary sewer service to his development in Lots 1 & 2, Block 1, Martin Plaza. These tracts of land are located in an "13-4" General Business District (see Exhibit C). The initial Use Privilege Agreement, executed with Mr. Gary L. Martin and Mina K. Martin, strictly limited the use of the private system to his development. An amendment is required to allow Mr. Jack Taylor and Mr. Romel Gregorio to remain connected to the same private wastewater system and to require Mr. Taylor and Mr. Gregorio to comply with the terms of the Agreement. Mr. Jack Taylor leases retail space to various tenants that will rely on the operation of the private wastewater system. Mr. Gregorio operates the Bay Area Athletic Club. b. Private Wastewater System Service Agreement: The Private Wastewater System Service Agreement requires Mr. Martin, Mr. Taylor, and Mr Gregorio to comply with the standard provisions of indemnification, insurance coverage, restrictions on other connections, platting requirements, and repair and maintenance for the private wastewater system. The agreement also requires Mr. Gregorio to correct an illegal subdivision of property. Staff recommends the terms of the amended Use Privilege Agreement and the Private Wastewater System Service Agreement to ensure City regulation and control of the use of this private system in compliance with state and local laws. The owners have been advised of and concur with the terms of the Amended Use Privilege Agreement and the Private Wastewater System Service Agreement. EXHIBIT A AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO A USE PRIVILEGE AGREEMENT WITH GARY L. MARTIN, MINA K. MARTIN, JACK TAYLOR, AND ROMEL GREGORIO TO ALLOW TWO ADDITIONAL CONNECTIONS TO AN EXISTING PRIVATE LIFT STATION AND 3 -INCH FORCE MAIN APPROVED BY ORDINANCE NO. 023854 (11-30-99); SUBJECT TO OWNER'S COMPLIANCE WITH THE AMENDED SPECIFIED CONDITIONS; 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 an amendment to a use privilege agreement with Gary L. Martin, Mina K. Martin, Jack Taylor, and Romel Gregorio (Owners) to allow two additional connections to an existing private lift station and 3 -inch force main approved by ordinance No. 023854 (11-30-99). SECTION 2. That Owners will comply with the terms and conditions of the amended use privilege agreement, a copy of which is on file with the City Secretary. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form Swr iy , 2005 By: Joseph Harney Assistant City Attorney For City Attorney H \LFG-DIR\Joseph\ORD-upa-MartTaylor.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: 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 City of Corpus Christi 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 H:LEG-DIR\Joseph\ORD-upa-MartTaylor.doc AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PRIVATE WASTEWATER SYSTEM SERVICE AGREEMENT WITH GARY L. MARTIN, MINA K. MARTIN, JACK TAYLOR, AND ROMEL GREGORIO TO ALLOW THE USE AND OPERATION OF A PRIVATE WASTEWATER SYSTEM, INCLUDING A TEMPORARY LIFT STATION AND FORCE MAIN, UNTIL THE PROPERTIES SUBJECT TO THIS AGREEMENT CAN BE DIRECTLY CONNECTED TO THE CITY'S WASTEWATER SYSTEM IN CONFORMANCE WITH THE WASTEWATER COLLECTION SYSTEM MASTER PLAN (ALLISON WWTP SERVICE AREA) AND OTHER CITY REQUIREMENTS; 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 private wastewater system service agreement with Gary L. Martin, Mina K. Martin, Jack Taylor, and Romel Gregorio (Owners) to allow the use and operation of a private wastewater system, including a temporary lift station and force main, until the properties subject to this agreement can be directly connected to the City's wastewater system in conformance with the Wastewater Collection System Master Plan (Allison WWTP Service Area) and other City requirements. SECTION 2. That Owners will comply with the terms and conditions of the private wastewater service agreement, a copy of which is on file with the City Secretary. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary H \LEG-DIR\Joseph\ORD-wwsa-ManTaylor.doc Henry Garrett Mayor Approved as to form 4,1,1 /d , 2005 By: Joseph Harne Assistant City Attorney For City Attorney { f:\L.EG-DIR\Joseph\ORD-wwsa-MartTayIor.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: 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 City of Corpus Christi 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 H \LF:G-DIR\Joseph\ORD-wwsa-MartTaylor_doc Location Map (Not to Scale) Exhibit C Page 1 of 1 USE PRIVILEGE AGREEMENT AMENDMENT THE STATE OF TEXAS § COUNTY OF NUECES § A The Use Privilege Agreement approved by Ordinance 023854 on November 30, 1999, is amended as follows: 1. The first paragraph is revised to read as follows: "That the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, 8avid• R. Goroia;George K. Noe, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of $ 530.00 by Gary L. Martin and Mina K. Martin, Romel C. Gregorio and MTM Northwest Management, LTD, its General Partner MTM Northwest Inc. ("Permittee"), of 11317 FM 621 Lot 1A, Block 1, Taylor/Best Plaza, Vol. 64, Page 156 and Lots 1 & 5.53 acres out of Lot 2 Block 1 Martin Plaza, Vol. 58 Page 75 and 1.92 acres out of Lot 2, Block 1, Martin Plaza, Vol. 58, Page 75 recorded in Nueces County Map records, Corpus Christi, Nueces County, Texas the receipt of which is acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto Permittee, a use privilege for the right to install, operate, maintain, and remove a 3 -inch diameter PVC force (wastewater) main. The 3 -inch diameter force main is to be located approximately 48 -feet south of the FM 624 street right-of-way (ROW) and approximately 15 -feet off the west ROW line of Hazel Bazemore Road; run approximately 300 L.F. south within the ROW and turn east crossing the Hazel Bazemore Road street ROW for approximately 65 L.F.; then enter a private easement in River Ridge Estates Subdivision and run 110 L.F.; and enter and extend 10' into an existing public utility easement to connect to a City Wastewater manhole; here and after known as "Use Privilege Improvements" within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit A." 2. The word "Permittee" is changed to "Permittees" wherever it is used in the agreement. 3. Section U. is revised to read as follows: "U. Use of the force main authorized by this agreement is strictly limited to serving facilities owned by the Permittees that are located on lots that have been properly platted and any property that has been replatted to correct the illegal subdivision of a platted lot within the private wastewater system service area. Permittees shall not provide, nor permit anyone else to provide service through said force main to any facilities within the City owned by anyone other than the Permittees. B All other provisions of the Use Privilege Agreement approved by Ordinance 023854 remain in full force and effect. '3 1-. 0_ Lli, COUNTRY ^_OVE ;1E7158939 r subdivision-ole-elaitedaksi-within the private- The above Amendment to the Grant and Pnvilege is hero by accepted third* LN`dey of A04os r , 2005 by Garr L. Martin and Mina K. Martin ('Pennhtes ), owners of Lots it 2. Block 1, Martin Plaza. Permittee sprees to keep nd perform the conditions imposed by said Grant and Privilege appioved by Ordinance 54 and le bound by 041 of the terms of same. y1 /� By' 1/LfAC 4L• 7Yu1/J--' am* Gare L. Martin Name Minali. Martin Title: (.)IAA /ct Tile: () W,v c1t THE STATE OF TEXAS COUNTY OF -PJUEC S § L L./7N0 This instrument was acknowk+dged before me on A v c u s T 1 l Martin KAREN I. 04 i0 rAnv PUBLIC 1;1 ATE OF TEXA$ j Convne.ron EON MARCH is Ka 2005, by Gary Notary Public, State of Texas l Printed Name: 20 44 [re' L - LN 1' .:A Expiration Date: ✓ " !f -.JVO C - THE STATE OF TEXAS § COUNTY OF 144EJEGGG4 LL4NQ This instrument was acknowledged before me on Av 4 vs r / ? 2005, by Mina K. Martin MAINE RAM NOTARY PUAUG .TATE OF Tr Ms My Cann■.een Eap.,s MARCH 1a 2D06 ,.:.f:•. . - Notary Public, State of Texas Printed Name: //Aired' d L. 1/4 v s Expiration Date: 3 - !f' .t oe ti_ PAGE o, The above and foregoing Amendment to the Grant and Privilege is here by accepted this the /la' day of Autorsr , 2005, by MTM Northwest Management, Ltd., owner of Lot 1A, Block 1, Taylor/Best Plaza, through its General Partner, MTM Northwest, Inc., an Grantee and Owner herein, and as Grantee and Owner agrees to keep and perform the conditions imposed by said Agreement and is bound by all of the terms of the same. MTM Northwest :nagement, Ltd. By Jack / ylor Pres'. ent MTM Northwest, Inc. General Partner of MTM Northwest Management Ltd. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1 , 2005, by Jack Taylor, as President, MTM Northwest, Inc., General Partner of M Northwest Management, Ltd., on behalf of MTM Northwest Management, Ltd. Its General Partner, a Texas limited partnership. YOIANDA T. ALMAOUER NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 01-02-09 nda ate), la No ry Public, State jof�Texas Printed Name: ib\aMa F . -Pi''M46 Lye t' Expiration Date: 1 -a-09 The above an 7 day of Martin Plaza, perform the P lis ng Amendment to the Gram and Privilege is here by accepted this the 2005, by Romel C. Gregorio, owner of 192 acres out of Lot 2, Block 1, ee and Owner herein, and as Grantee and Owner agrees to keep and s imposed by said Agreement and is bound by all of the terms of the same. G THE STATE OF 1IESAS § COUNTY OF NUEPES § This i Romel C. nt was acknowledged before me on • Lt e�: S.n II• •s IIIIIIIln,,,,,,,,, 9 Wok , 2005, by Mn /110 Notary Public,State of Texas Printed Name: NOM). —117:4,iiiia Expiration Date: 10 -3t-477 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2005. ATTEST CITY OF CORPUS CHRISTI By: Armando Cha a, CitySecretary George K. Noe, City Manager APPROVED AS TO FORM: 11 day of By , 2005 Joseph Ham y, Astatt City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2005, by George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public PRIVATE WASTEWATER SYSTEM SERVICE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § A. Parties. This Private Wastewater System Service Agreement ("Agreement") is between the City of Corpus Christi ("City"), a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, and Gary L. Martin, Mina K. Martin, Romel C. Gregorio, and MTM Northwest Management, LTD ("Owners"). B. Purpose. The purpose of this Agreement allow the use and operation of a private wastewater system, including a temporary lift station and force main, until the properties subject to this agreement can be directly connected to the City's wastewater system in conformance with the Wastewater Collection System Master Plan (Allison WWTP Service Area) and normal City requirements. C. Property. The following properties subject to this Agreement: 1. Lot 1A, Block 1, Taylor/Best Plaza. 2. Lot 1 & 5.53 acres out of Lot 2, Block 1, Martin Plaza, Vol. 58, Page 75 recorded in Nueces County Map records. 3. 1.92 acres out of Lot 2, Block 1, Martin Plaza, Vol. 58, Page 75 recorded in Nueces County Map records. D. Improvements. Owners have the right to use and the obligation to operate and maintain a private wastewater system, including a private temporary lift station and a private 3 -inch diameter PVC force (wastewater) main, which was originally authorized by a use privilege agreement between Gary Martin and Mina Martin and the City of Corpus Christi, by Ordinance No. 023854 in November 30, 1999. E. Owners' Responsibilities. 1. Owners must pay to maintain or repair the private wastewater system at all times, regardless of the type of damage that may occur, within 30 calendar days of written notice to Owners. Failure to do so terminates this Agreement immediately. 2. Owners shall deposit $24,995.00 in cash with the City to ensure that the Owners satisfy all of the requirements in Section E.3 of this agreement. If the Owners fail to comply with any of the requirements in Section E.3 within the time period allowed, the City may retain the amount deposited as liquidated damages. 3. The Owners shall comply with all the following conditions within 180 days of the approval of this agreement by the City Council: Page 1 of 12 a. Owners shall show proof of undivided ownership of private wastewater system, including the lift station and force main with joint and several liability. b. Re -plat of all property previously illegally subdivided, including filing the final plats for recordation with the County Clerk. c. Owners shall comply with all applicable Federal, State, and local laws, regulations, rules, ordinances, and codes, as amended, for operation of the lift station and force main, including: (1) Obtaining any required permits. (2) Entering into a contract for the operations and maintenance of the private wastewater system by a contractor who is licensed by the TCEQ to provide those services. d. Owners shall comply with any applicable provisions of Chapter 13, Texas Water Code related to the registration and certification of the private wastewater system as a sewer utility. If it is determined that registration and certification is not required, the owners must provide copies of the determination by the TCEQ, including the facts that were submitted to justify the determination. e. Obtain any necessary easements by separate instrument from adjacent property owners to allow for force main to cross property. f. Exchange deeds, Agreements, or easements that authorize the use of any real property owned by any owner that may be necessary to ensure that each owner has lawful access to the lift station from their property, and has the right to use the property for a temporary lift station and force main. g. Submit written evidence of compliance with all of the requirements in this subsection to the City, including copies of all agreements between the owners, easements from adjacent property owners, correspondence with the TCEQ, within 180 days of the approval of this agreement by the City Council. 4. Owners agree to the joint and several fiscal responsibility for the operation, maintenance, and repair of the private wastewater system, and must ensure that the system is in proper operating condition at all times, regardless of the type of damage that may occur. Any damage or malfunctions that pose a threat to human health must be repaired immediately. Other repairs must be completed, within 30 calendar days of notice of damage or the need for repairs to Owners by the City or any occupant of the properties. Failure to do so terminates this Amended Use Privilege Agreement immediately and will result in termination of wastewater service. Page 2 of 12 5. Owners authorize the City of Corpus Christi to place a lien on the properties, which will run with the land and be binding against any and all assigns or successors interest, for any costs incurred by the City related to the private wastewater system or for providing wastewater services to the properties. 6. Owners agree to responsibility for providing temporary emergency wastewater service in the event of any malfunction of the private wastewater system at owner's cost. 7. Owners agree to the re-evaluation of the pump capacity and terms of this agreement when any one of the following occurs: a. At the time of an application for a plat or replat is filed for any property that is the subject of this agreement. b. At the time any application for a plumbing or building permit is filed for the construction or modification of any structure on any property that is the subject of this agreement. c. At the time any portion of the property that is the subject of this agreement is sold or title is transferred to a party other than the party who executed this agreement. 8. If it is necessary to increase the capacity of the lift station, the Owners agree to pay and to be responsible for the expansion of the lift station at their cost as determined by a registered licensed professional engineer within the State of Texas, and as approved by the City's Director of Engineering Services. 9. The Owners are jointly and severally liable for the payment of all bills from the City for wastewater delivered to the City's wastewater system through the private wastewater system. In order to ensure that all wastewater service is properly accounted for, at the City's option, the Owners shall: a. Allow and pay the City's costs of installing City water meters on owner's side of the water supply lines from the retail public utility providing water service to the properties. b. Authorize the retail public utility providing water service to the properties to provide information to the City on the volume of water consumed during each month. c. Provide copies of all utility bills from the retail public utility providing water service to the properties, including any bills submitted separately to any tenants or Owners of the property. d. Comply with all billing and the account requirements established by the City's Utility Business Office. Page 3 of 12 10. Owners shall comply with the City's pretreatment ordinance. F Assignment. Owners may not sell, transfer, or assign the private wastewater system or this Agreement without prior written consent of the City Manager. G. Authorized Use. The Owners' use of the private wastewater system authorized by this Agreement is strictly limited to serving the existing facilities on the portions of the properties that have been properly platted and any property that has been replatted to correct the illegal subdivision of a platted lot within the private wastewater system service area as defined in Exhibit A. H. Other Connections Prohibited. The Owners may not provide, nor permit anyone else to provide, wastewater service through private wastewater system to any additional building owned by anyone other than the owners, who are parties to this agreement. 1. Capacity. The existing Private Lift Station is designed to serve a total of 57.2 gpm consisting of existing 38.7 gpm and future 18.4 gpm as shown in Exhibit A. The remaining unplatted property is required to meet all requirements to plat prior to connection to the Private Lift Station. Owners' cannot add any more flow other than what is permitted under this Agreement. J. Revocation. This Private Wastewater System Service Agreement ("Agreement") may be revoked at any time upon the giving of 30 days notice in writing by the City of Corpus Christi's City Manager, or designee ("City Manager"), unless terminated under another provision in this Agreement. K. Indemnity & Hold Harmless. 1. OWNERS COVENANT TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, 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 USE OF THE PRIVATE WASTEWATER SYSTEM, INCLUDING THE TEMPORARY LIFT STATION AND FORCE MAIN, UNDER THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER Page 4 of 12 COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. 2. OWNERS COVENANT TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIMS MADE BY TENANTS, LESSEES, AND ASSIGNS OF THE OWNERS IN RELATION TO OPERATION AND MAINTENANCE OF THE PRIVATE LIFT STATION AND FORCE MAIN OR TO ANY THIRD PARTIES WHO MAY HAVE A CLAIM AGAINST THE CITY BASED ON FLOWS OF WASTEWATER TO ANY PORTIONS OF THE CITY'S WASTEWATER SYSTEM THAT WERE NOT DESIGNED TO HANDLE WASTEWATER FLOWS UNDER THE APPLICABLE CITY WASTEWATER MASTER PLAN FROM THE PROPERTIES THAT ARE THE SUBJECT TO THIS AGREEMENT. L. insurance. 1. Owners shall secure and maintain at Owners expense commercial general liability insurance in the amounts specified in Exhibit B, which is incorporated in this Agreement by reference. Owners shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance under this Agreement, at the limits and requirements shown on Exhibit B, constitutes grounds for termination of this Agreement. 2. The Certificate of Insurance must be sent to the Risk Manager prior to the effective date of this Agreement. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Agreement. 3. Owners shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. M. Recordation. This Agreement is required to be recorded at Owners' cost in the Deed Records of the Nueces County Courthouse, Nueces County, Texas for each lot described above. N. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Owners are providing maintenance in accordance with and as required by Section E or for any other purpose incidental to the City's retained rights of and in the Premises. O. Right to Access Premises in Emergency. 1. Owners shall provide the City's Director of Wastewater Services ("Director") with keys to the private wastewater system, and a current list of names and phone numbers, for use by the Director, or designee, in the event of an emergency. Page 5 of 12 2. The Director, or designee, has the right to enter the premises during the regular hours of operation normal or at anytime in an emergency. P Default. The following events constitute default under this Agreement: 1. Failure to pay utilities before the due date. 2. Failure to perform scheduled maintenance. 3. Failure to maintain any insurance coverage required in this Agreement. 4. Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Agreement. Q. City's Remedies on Owner's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Agreement or by law give notice to Owners that this Agreement terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. R. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to enforce the provisions of this Agreement, Owners agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. S. Modifications. No changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. T. Contact Person/Agreement Administrator. For this Agreement, the City's contact person and Agreement administrator is the Director of Engineering Services, or designee. U. Notice. 1. All notices, demands, requests, or replies provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, retum receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. 2. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. Page 6 of 12 3. All the communications must only be made to the following: IF TO CITY: IF TO OWNERS: City of Corpus Christi Attn: Director of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: (361) 826-3500 Facsimile: (361) 826-3501 4. Either party may change the address to which notice is sent by using a method set out in subsection 3 of this section. Owners shall notify the City of an address change within ten (10) days after the address is changed. V. Force Majeure. No party to this Agreement shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Owners shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. W. Relationship of Parties. In performing this Agreement, both the City and Owners will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. X. Not for Benefit of Third Parties. This Agreement is only for the benefit of the City and Owners, and no third party has any rights or claims under this Agreement or against the City. Y. Interpretation. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Agreement was entered into and will be performed. Z. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that (a) the parties have expressly agreed survive the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any the termination or expiration of this Agreement. AA. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. AB. Severability. Page 7 of 12 1. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 2. 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, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. AC Entirety Clause. This Agreement and the attachments and exhibits incorporated into this Agreement constitute the entire agreement between the City and Owners for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Owners' operations and the Premises to be used in the operations. AD Binding Agreement. It is further mutually understood and agreed that the covenants and agreements contained in the Agreement, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. AE. Acknowledgment. Each party expressly agrees that it has independently read and understood this Agreement. By Owners execution of this Agreement, Owners acknowledge and understand that this Agreement is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. NOTE: All references herein to Owners include Owners' contractor(s), agent(s), and employee(s) if applicable. AF. Effective Date: This Agreement is effective after approval of the Agreement by the City Council and execution by the City Manager. Page 8 of 12 The above and foregoing PRIVATE WASTEWATER SYSTEM SERVICE AGREEMENT is accepted this the 141" day of (44.01r 2005, by Gary L. Martin and Mina K. Martin, owners of Lots 1 & 5.53 acres out of Lot 2, Block 1, Martin Plaza, Grantees and Owners herein, and Grantees and Owners agree to keep and perform the conditions imposed by said Agreement and Is bound by all of the terms of the same. Mina K. Martin THE STATE OF TEXAS § COUNTY OF NUECES § AA This instrument was acknowledged before me on 4./4uS7 /6, 2005 by Gary L Martin. Notary Public, State of Texas Il• IQ Printed Name: a2e.11 L _)140.5 Expiration Date: e3 -hi- d 06 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on K Martin. Notary Public, State of Texas Printed Name: /SFr lac N L. L d u,.s Expiration Date:. /d - d'oaC. MarypTay$orc2gorro PVWVSSAgijr4_ NOTARY KAREN L. DAV PUBLIC STA rEOFTEXAS My Canmmsion Expres MARCH la 2006 4. a ASV Sil ;Az d."7 ka us; /G , 2005 by Mina ,r, , NOEN L. DAVIS � TAPY PUBLIC• • �� ; STATE OF TEXAS I8 '. ti My Commission Expires t`�!"C MARCH le, 200Q0 Page 9 of 12 F:JLE 02 The above and foregoing WAST TER SYSTEM SERVICE AGREEMENT is accepted this theme day of� 2005, by MTM Northwest Lot 1A, Block 1, Taylor/Best eneral Partner, Northwest rth Ltd.,stowner of Grantee and Owner herein, and as Grantee and Owner agrees to keep a d perform then conditions imposed by said Agreement and is bound by all of the terms of the same. MTM Northwest Management Ltd. By. Jacks ayfor Pre MTM Northwest, Inc. General Partner of MTM Northwest Management Ltd. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on (Lyric— , 2005, by Jack Taylor, as President, MTM Northwest, Inc., General Pawkier of MTM Northwest Management, Ltd., on behalf of MTM Northwest Management, Ltd., tts General Partner, a ed partnership. It .r. — Notary Public, State of Printed Name: Lu- s. ` siNzergat Expiration Date: 10 -151- -o G Minn-Tuylw-Gregorio PVWV33AgrJr5.duc Page 10 of 12 PAGE 02 The above and foregoing PRIVATE ASTEWATER SYSTEM SERVICE AGREEMENT is accepted this the is" day of f , 2005, by Romel C. Gregorio, owner of 1.92 acres out of Lot 2, Block 1, Martin Plaza, a Grantee and Owner herein, and as Grantee and Owner agrees to keep and perform the conditions imposed by said Agreement and is bound by all of the terms of the same. 70 Romel C. Gr THE STAT • • F TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on C Gregorio n411110‘ &t Notary Public, State of Texas Printed Name: bfma -Tru,j11 ltD Expiration Date: l P-31-09 Merlin -7 aylor-Gregorio PWNSSARf rs.doc Page 11 of 12 , 2005, by Romel IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of 2005. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED AS TO FORM: i� day of 4,1 , 2005 By 1 1 l Joseph H ey, Asstitant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2005, by George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas Page 12 of 12 Not to Scale FM 624 (Northwest Boulevard) I I II I r- 11+ J ti L1L rn La EXISTING BUILDIN CO 0 Y. ,1 cs 1.11Ce z4w D NOZ1- 1"- 2:1- M en m O<gef IL Lamm; Z =wai < I- > O C Q Z Woo L11 U> CC 111 W D U a z Z n ig �LL E mm E N rc Eg n - 0 a m 22 S n 0 m ei ri fez: S m si Jco • S E 5 FLOW SUMMARY Exhibit A Page 1 of 1 6 EXHIBIT B INSURANCE REQUIREMENTS OWNER'S LIABILITY INSURANCE A Owner must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Owner must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Owner must furnish 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 Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non -renewal, material change or termination and a 10 day written notice of cancellation for non-payment of premium is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including '. Commercial Form 2. Premises - Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage Independent Contractors $1,000,000 COMBINED SINGLE LIMIT C In the event of accidents of any kind, Owner must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. 1I. ADDITIONAL REQUIREMENTS A Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations". • At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination and a 10 -day written notice of cancellation for non-payment of premium is required. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. MTM Northwest Management, LTD ins. req. 8-11-05 ep Risk Mgmt. Exhibit B Page 1 of 1 R ITE C12 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE IMWODITITY) 08/18/2005 PRODUCER JACK TAYLOR INSURANCE AGENCY 14241 NORTHWEST BLVD. STE 103 CORPUS CHRISTI. TX 78410 usu"ED MTM NORTHWEST MANAGEMENT LTD MTM NORTHWEST INC. 44241 NORTHWEST BLVD SUITE 101 CORPUS CHRISTI, TX 78410 361-767-9333 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ,H$URCRA FARMERS INSURANCE CO INSURER B' I w"VAER C IN9VRER0 INSLRERE NAIC B COVERAGES THE POLICIES OF INSURANCE LISTED BELOW ANY REQUIREMENT. TERM OR CONDITION MAY PERTAIN. THE INSURANCE AFFORDED POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. ' POUCY EFF TIVE 1 POLICYMAMA POLICY RUMMER : P*,e 1 1 . 1• Mk LIMITS RIR MOLT T STS AIIEIn'.-,_ _TTELStutgausenta.- GENERALLJABIUTT A X .:JMMERCIAL GENERAL Luskin, .. _ AIMSMADE Cj OCCUR 069377039 07/22/2005 1 EACH OCCURRENCE 07/22/2006 g9Ero NEpEM15€LTD EI MED EXP`yam Boman) PERSONAL b.DVtNJWIT GENERAL AGGREGATE I PRODUCTS, COMP/OP S 5 S S . L S 1.000,000 5,000 _ ,1,000.000 2,000.000 _INCLUDED GEN". AGC MEGA TE LIMIT APDL IE S PEA POLIO Y I l uT I LOC , AUTOMOBILE LIABIL MT ANY AUTO - ALL OWNED AUTOS SCHEDULED *JIGS- +IRED AUTOS g •_ NONWNED AUTOS _ .. 1GARAGE LIABILITY � ANY A TO I— COMBINED SINGLE LIMIT (Ea mewl) BODILY INJVRY (Pr oe,eani BOOILYINJURT tPVEOVNmll PROPERTY DAMAGE (Pa 'cart) 5 5 5 AUTOONLY•EA ACCIDENT I f b , $ OTHER THAN EA AUTO ONLY: AGO EXCEJSMJUNSRELLA LIAWLItY OCCUR L j CIAIMS MADE --DEOUCrIBLE RETENTION b EACH OCCURRENCE AGGREGATE $ E •I 5 I. - - WORKERS COMPIMB.ATTON AND ETVLOTERY QAMILNY ' ANY PROPR,ETOWPARTNEWEXECONE OFFICERIMEMBEMEXCLUDEDT rcyy�I6.a«a,oE uedSl SPECIKPROVISItyR$Lump I WC STAID, I 10TH( _ I TORY LIMITS.I_..-.. ER. EL EACH AOCIOErv. E L DISEASE , EA EMPLOYEE ._. .. _ _..._.___... E L. DISEASE• POLICY LIMIT 5 1 - OTHER LIEBGRMTIW Or OPERATIONS / LOCATIONS/ VEHICLES( EXCLUSIONSAODED BY ENDORSEMENT / SPECIAL PNOV/MONE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH WAIVER OF SUBROGATION CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI ATTN: RISK MANAGER P.O BOX 9277 CORPUS CHRISTI. TX 78401 ACORD 25 (200110e) SHOULD ANT OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WMTTER NOTICE TO THE CERTIflCATE HOLDER NAMEO TO THE LEFT, BUY FAILURE TO 00 BO SNAIL IMPOSE NO OBLIGATION OR LIAU197 OF ANY VINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A(AiORD CORPORATION 1988 J0 in:p.., Fciiil_ v o. Q .icncu anoonnn,,c CERTIFICATE OF INSURANCE FOR LOCATION PRODUCER Jamb Ineutenee Aseoeates 8480 East ()refuel Read Sults 6600 Cresnwaoa \Mpe CO 80111 Phone: 303.740.9101 Fax 3037404019 INSURED Client,D 2880 Bay Area AMlledb Club, Inc. Rome Oregano 14325 Nwthweet Blvd Corpm Chaco TX 78410 PROPERTY COVERAGES fluid l Limn Business Peronal Property B amass Income LIMt excess mans ever "25,000 Each Occurrence Specht Fenn; Replacement Cost; No Colaursnce Equipment Sreaetdoan Sign: ASo etkatty Included up to 12,500 RASO? Rdldlag Erase Automatically Included 5700,000.00 1800 . •100 6160 t r r .00 U:8263590 F.1 tai vv yvv, Pfit Dais Wette}dsy, August 17, 2006 Subject to Wird Deductible 01125.000 mel More ea M e ellektm hen Mi sours to tin web as mem ter le pain man masa NarudMn9 sMr,agd,.aane, aanlewra anima Om edaa. ceras IMO wan'snot apnea lbyo+eermeeno rdwr peak •• Menem •noonbas.gdaameualwreoaMaeaeWrna.xmnen. e„ rwwarawa 50,00 $1 000 KB This Certificate is Isuued as a molter of IMormadon only Ind cuttears no rlghta upon eh. nonfinite$ holler. This certMeate does not emend, extend or ager the coven*, afforded by the policies below. LOCATION ADDRESS 14326 Northwest OW Corpus Chant TX 76410 Corporeal Name Boy Area Athletic Club, Inc. UASILR7 COVERAGES UMITS Wag Coverage / Unite $ Oc wrens $1,000,000.00 $2.000,000.00 $100,000.00 $1.000.0 006 $1400,00. 11,000.000. NeWwned Auto 67,000,000.00 Flee Dnp at ProfessIo nal sming Bed liked Auto Hey DedudEle: six Abu ear Per trance 1100600.00 A/gagaa $200.000.0 Coverage ETfecllvs Expiration Panay Number 03/Ou as 0$101471 I0(NU6p$p.u/C 03/01!06 08101/08 SCO3NO General USSIIy Insurance %reins F Intense Company Esax Insurance Non Admitted SWM Mfg alt sboa Sala OS MCKIM kiss IN SAMOA sue amok M nan101111,20751 maws ie,w Wain naso dWEWrin a + miff a/rMAerfir sad MGs. rlel:e N ea ane act outlastw dela elaamesamabtPikn orisimaysatry ti uta W framer, bane w riaSOMMor. CERTIFICATE MOLDER INTEREST Addlfonai Insured ❑ Landlord [] Lass Payee D &Iona Mot Cay or Caws Christi Mahn Gmgorlo 1201 Lepard a401- Corpus China' '77(.J 178401 CONTACT INFORMATION PRone: x381) 387-7665 Fax omen -2627 Emelt C Authorised Regreseris6ye Randy P. Schumacher +E- 6-0e I-.47pr FIDN-SWANTNER i GORDON INSURANCE 3610440101 T-640 P 001/001 F-503 a.a nv. t,CT[ 11rllth►1 C Lir LI1461L11 T 1111 U1(/M1YbC M'A TI 7 1 08/18/05 PRODUCER Swantner 6 Gordon Ina. Agency P. 0. Box 870 Corpus Christi TX 78903-0870 Phone:361-883-1711 Wax:361-844-0101 INSUREO THIS C£RTIMCATE 16 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC s Gary Martin BurnetgTX 786 Cove m uHERA: Allstate Insurance Coulpany INSURER a NSURER C CURER D INSURER E COVERAGES THE POUCI ES OF IBURANCE LISTED BLOW HAVE BEEN ISSUED TO THE INSURED NAMED MOW FOR THE POLICY PERIOD INDICATED. NOT W ITNSTMDING ANY REWIREMENT, TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCNBEO HEREIN I3 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PDUGES. AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED at PND CLANJS. LTR TYPE QF IMURANCE POrCY NUMBER I 050781269 OcAT! LNIYOD TV 01/11/05 OA7EYIWQWTY1 01/11/06 WITS EACH OCCURRENCE 32,000,000 s50,000 A x GENERAL UABKT X COMMERCMLGENERAL LIABILRY CLANS MME II OCCUR PRE 6EEEW MED EXP (My DILE WENS 35, 000 PERSONAL aACM INJURY S OENERAL A3GHeGATE S DENL AGWI:WTE LI�NpT APPLIES PER. PRODUCTS • COARDP AGO f POLICY l 1 I LOC pCT JE AITCAICSLE LUMPY F-- I AO me AUTAL.. OWNEO AUTOS , SCHEDULED AUTOS -- HIRE) AUTOS NONOWNED AUTOS —_. ' _ _ _ _.___. CONSIWO SEVOLE LIMY (EA ROOM $ BOOILVINJURY Ihr WWI) S EOOEY INJURY In, EGNme f AG PROPERTY DANE lhrE¢IMM 1 I OARMIE LIABILITY .----1 ANY AUTOOTHER!MN �. -. AUTO ONLY-AAAccoma 1 $ AUTO ONLY: AGO $ ExCESSNMBREL&A LIABILITY I_...1 OCCUR I I CLAIMS MME — DEDUCTIBLE IRETtNTIDN S EACH OCCURRENCE f AGGREGATE 1 $ S S COMPENSATION i WORKERS ANO EMPLOYERS UABILRY , ANY PROPRIETO PARTNEPJFNECUT W E I OFFICEPAIEMIIREACLU0E01 N1 AEKAEOISIC 'SPECIAL PROVISIONS EtlOw µ TVRWW55,, Y .IMMUb IV EL. EACH ACCIDENT S EL DISEASE -EA EMPLOYEE 1 EL DISEASE -POLICY LIMB S HONOR I OESCRIPTON avORMTDMu LOCATIONS 1 VEHICLES, ElmLUDIOM ADD!) BY ENDORSIMMIT I SPINML MOVOMMS Additional Insured, Waiver of Subrogation L 30 days ROC in favor of certificate holder. CERTIFICATE HOLDER City of Corpus Christi fax 826-3590 Attn' Chip faish P. 0. Dox 9277 Corpus Christi TX 78469-9277 ACORD 25 (2001108) CICO -CC CANCELLATION SHOULD ANY Or THE ABOVE DESCRIBED POLICIES SE CANCELLED WORE 1IE EXPO/ATM! DATE THEREOF, THE *SUMO INSURER MALL ENDEAVOR TO BML 30 DAYS WRRTeN NOTICE TO THE ceRTPCATE HOLDER NAMED TO THE LEFT. PUT FAR.URE TO Do SO SHALL MP05E N0 OBLIGATION OR UMIUTYOF ANY DNO IWON THE INSURER, ITS ALENTS OR REPRFWENTATWEB. 27 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Ordinance abandoning and vacating a 900 -square foot portion of a 10 -foot wide utility easement out of Lot 18, Block 4, Candlewood Annex, located on Airline Road, approximately 150 feet north of Holly Road; requiring the owner, SSP Partners, to comply with the specified conditions; and declaring an emergency. ISSUE: The purpose of this easement closure is to eliminate a conflict with a proposed building site. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication 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. 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. 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. f cv �xvk�rd .A. Ily, AICP Director of Development Services a.-1CCQ+r ATTACHMENTS: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Urban Engineering, on behalf of SSP Partners, is requesting the abandonment and vacation of a 900 -square foot portion of a 10 -foot wide utility easement out of Lot 18, Block 4, Candlewood Annex, in order to accommodate the future extension and construction of a canopy and the adding of new gas pumps that will cover all/or portions of the existing utility easement. The easement to be abandoned and vacated is located in a "B-4" General Business District. All public and franchised utilities were contacted regarding the vacating and abandonment of the utility easement. SBC had no objections, but will seek reimbursement if adjustments to their facilities become necessary. None of the other city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. Staff recommends payment of the fair market value of $3,600.00 for the abandonment and vacation of a 900 -square foot portion of the 10 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement closure. EXHIBIT A FROM: B.A. Holly, AICP. Director of Development Services DATE: August 8, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: August 23, 2005 ORDINANCE CAPTION: Ordinance abandoning and vacating a 900 -square foot portion of a 10 -foot wide utility easement out of Lot 18, Block 4, Candlewood Annex, located on Airline Road, approximately 150 feet north of Holly Road; requiring the owner, SSP Partners, to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 57, Page 151, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) That the Owner pay the fair market value of $3,600.00 for the abandonment and vacation of the total 900 -square foot portion of the 10 -foot wide utility easement. 2) SBC had no objections, but will seek reimbursement if adjustments to their facilities become necessary. 3) 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. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. APPROVED: DATE: REQUESTED BY: Ily, A CP, Dl irector of Development Services DATE: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 900 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 18, BLOCK 4, CANDLEWOOD ANNEX, LOCATED ON AIRLINE ROAD, APPROXIMATELY 150 FEET NORTH OF HOLLY ROAD; REQUIRING THE OWNER, SSP PARTNERS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 900 -square foot portion of a 10 -foot wide utility easement out of Lot 18, Block 4, located on Airline Road, as recorded in Volume 57, Page 151, Map Records Nueces County, Texas, that the owner, SSP Partners, 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 for 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 900 -square foot portion of a 10 -foot wide utility easement out of Lot 18, Block 4, Candlewood Annex, located on Airline Road, as recorded in Volume 57, Page 151, 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 of $3,600.00 for the abandonment and vacation of the total 900 -square foot portion of the 10 -foot wide utility easement. 2) SBC had no objections, but will seek reimbursement if adjustments to their facilities become necessary. 3) 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. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon H\I . EG-DIR\Joseph\ORD-Cnd lAnx-av-doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved i id , 2005 Byi Joseph arney Assistant City Attorney For City Attorney II \I FG-DIR\Joseph\ORD-CndlAnx-av doc Henry Garrett Mayor 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 City of Corpus Christi 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 H:'J ,EG -DI R\Joseph\ORD-CndlAnx-ay. doc r SITE MAP N.T.S. EASEMENT CLOSURE LOT 18, BLOCK 4 CANDLEWOOD ANNEX EXHIBIT C Page 1 of 3 2o1URSCALE r- BAN MEAPR.22 . 2005 ENGINEERING OB NO.: 40111.00.00 SHEET: 2 CF 22725. ct a CHM > s „40, (a0851-3101 s0 -ewr RAW BY: DL 15.0' D.E. 0.01 U.E. N8T28'3Q W 25.00 Lot 18, Block 4 Candlewood Annex Vol. 57, Pg. 151, Map Records of Nueces County, Texas S8728'30.E 90.00' Foint of Beginning 0.021 ACRES 900.00 SQ. FT. b d o: N N8728'301W 90.00 Lot 17, Block 4 Candlewood Annex Vol. 49, Pg. 178, Map Records of Nueces County, Texas (Owner. Coastal Markets, Ltd. Doc. No. 960490, Deed Record of Nueces County, Texas) isms3�-12..9 GRAPHIC SCALE 1"=20' UNE M . „� ,«AIN Lt • Xi4W2i 10. • v= u E ,. s7 10., , 10.0 43 EXHIBIT C Page 2 of 3 Map to Accompany FIELDNOTES for a 10 foot wide utility easement closure (not based on an on—the—ground survey) out of Lot 18, Block 4, Candlewood Annex, a mop of which is recorded in Volume 57, Page 151, Map Records of Nueces County, Texas. URBANDATE APR. 22e 2005 SCALE: ,-- 20' 4°1114""ENGINEERING 'c No.4°1114""2725,,,,,,E . a�a ,. ,, SHEET 1 OF 2 1111 00854-5/0/ Fr peves-wor DRAWN BY: DL 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 23, 2005 AGENDA ITEM: Authorizing the City Manager, or designee, to execute a three- year Use Agreement with Corpus Christi Police Athletic League for baseball programs at TC Ayers Park Field; and declaring an emergency. ISSUE: A use agreement contract must be authorized for the continued use of the TC Ayers Park by the Police Athletic League for their youth baseball program. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year agreements. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the three-year Use Agreement with the Corpus Christi Police Athletic League to provide a youth baseball program at TC Ayers Park. Sally G Park a Attachments: Background Information lik, Director Recreation Department H<PR-DIR\SHARED\AGENDA ITEMS\Council Meetings2005\07-26-051Police Athletic League TC Ayers.DOC BACKGROUND INFORMATION The Police Athletic League has been providing a youth baseball program at T. C. Ayers Park for the past two years. It has been a successful program for disadvantaged youth. H'PR-DIR\SHARED\AGENDA ITEMS\Council Meetings \2005\07-19-05\Police Athletic League TC Ayers.DOC Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A THREE-YEAR USE AGREEMENT WITH CORPUS CHRISTI POLICE ATHLETIC LEAGUE FOR BASEBALL PROGRAMS AT TC AYERS PARK FIELD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a three-year Use Agreement with Corpus Christi Police Athletic League for baseball programs at the TC Ayers Park Field. The Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule 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 day of 2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED: July 15, 2005 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney 1'. \DOCUME-1',cnriss\LOCALS-1\ Temp \05.0715DC.Police.Atahtetic. League.UseK.3yrs.TCAyers. Ord doc Page 2 of 2 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, Council Members Samuel L. Neal, Jr. Mayor The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott C 1DOCUME-1\cnriss\LOCALS-1\Temp105.0715DC.Police.Atahletic.League.UseK.3yrs.TCAyers.Ord.doc 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 23, 2005 AGENDA ITEM: Authorizing the City Manager, or designee, to execute a five-year Use Agreement with Corpus Christi Police Athletic League for baseball programs at Ben Garza Park Field; and declaring an emergency. ISSUE: A use agreement contract must be authorized for the continued use of the Ben Garza Park by the Corpus Christi Police Athletic League for their youth baseball program. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year agreements. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the five-year Use Agreement with the Corpus Christi Police Athletic League to provide a youth baseball program at Ben Garza Park. Sally Ga Park an Attachments: Background Information k, Director ecreation Department SPR-DIR\SHARED\4GENDA ITEMS\Council Meetings \2005\07-19-05\Police Athletic League Ben Garza.DOC BACKGROUND INFORMATION The Police Athletic League has been providing a youth baseball program at Ben Garza Park for the past two years. It has been a successful program for disadvantaged youth. H.\PR-DIR\SHARED\AGENDA ITEMS\Council Meetings \2005\07-19-05\Police Athletic League Ben Garza.DOC Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE-YEAR USE AGREEMENT WITH CORPUS CHRISTI POLICE ATHLETIC LEAGUE FOR BASEBALL PROGRAMS AT BEN GARZA PARK FIELD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five-year Use agreement with Corpus Christi Police Athletic League for baseball programs at the Ben Garza Park Field. The Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule 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 day of , 2005. ATTEST: Armando Chapa City Secretary APPROVED: July 6, 2005 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H9LEG-DIR\OIgaR\Doyle\Ordinance \05.070605DC.CCPALS. UseK.5yrs.Ord.tloc CITY OF CORPUS CHRISTI Henry Garrett Mayor Page 2 of 2 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H1LEG-DIR\OIgaR\DoyhMordinance\05.070605DC.CCPALS.UseK 5yrs.Ord.dw 30 CITY COUNCIL AGENDA MEMORANDUM Page 1 of 2 August 23, 2005 AGENDA ITEM: Ordinance amending the franchise granted to Texas Cable Partners (Time Wamer) regarding cable operator use of access channels when not in use by access channel users. ISSUE: The Time Wamer franchise agreement needs to be modified to be consistent with similar provisions in the Grande Communications cable franchise. REQUIRED COUNCIL ACTION: Approval of the Ordinances REVIOUS COUNCIL ACTION: The franchise was approved in June 2002. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance Jus Q,te @at6z_ Susan Cable Director, E -Government Affairs \cable cxommission\August 23 2005 agenda memo re TW Franchise amd.doc Page 2 of 2 BACKGROUND INFORMATION The Cable Communications Commission has recommended that the Time Warner franchise agreement be amended to allow the cable operator to utilize access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon the written approval of the City, to be consistent with similar provision in Grande Communication franchise agreement. The Master Cable Services Regulatory Ordinance requires cable franchises to contain competitively neutral terms. All parties agree with this amendment. ,`\cable commission\August 23 2005 agenda memo re TW Franchise amd.doc ORDINANCE AMENDING THE FRANCHISE GRANTED TO TEXAS CABLE PARTNERS (TIME WARNER) REGARDING USE OF ACCESS CHANNELS WHEN NOT IN USE BY ACESS CHANNEL USERS WHEREAS, in 2002 in Ordinance Number 024928, City Council granted a 15 -year cable franchise ("Franchise") to Texas Cable Partners, L.P. ("Company") for use of City rights- of-way for company's cable system operations; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council authorizes the City Manager or designee to execute an amendment to the Franchise to authorize Company to utilize access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon written approval of the City. A copy of the amendment is attached and on file in Office of City Secretary. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. NV Franchise amd. DOC 3 AMENDMENT NO. 1 TO TIME WARNER (TEXAS CABLE PARTNERS) FRANCHISE The City of Corpus Christi and Texas Cable Partners, L. P. agree to amend Section 6.2 D of the cable franchise granted to Texas Cable Partners, L.P. ("Grantee") as follows: 1 Section 6.2 D of the Texas Cable Partners (Time Warner) cable franchise is amended to read as follows 'D Non -Commercial Programming. The Public Access channels provided under this Section 6.2 shall be used exclusively for Locally Produced Programming and no PEG Access Channel shall contain any Commercial Programming. Grantee shall be allowed to utilize the access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon the written approval of the City. 2. All other terms and conditions of the cable franchise granted to Texas Cable Partners, L.P. remain unchanged. In witness whereof, City of Corpus Christi and Grantee have executed this amendment this the day of 2005. City of Corpus Christi Texas Cable Parnters By By: George K. Noe Name: City Manager Title: State of Texas County of Nueces The foregoing instrument was acknowledged before me on 2005 by George K. Noe, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public State of Texas STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me on 2005, by the of Texas Cable Partners, L. P., a Texas limited partnership, on behalf of said partnership. Notary Public State of Texas TW Franchise amd. DOC 31 AGENDA ITEM: ITEM A: ITEM B: ISSUES: CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/23/05 A PUBLIC HEARING AMENDING THE URBAN TRANSPORTATION PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ("THE CITY"), BY PROVIDING FOR MODIFICATION OF STREET DESIGNATIONS ON THIRD, ELIZABETH AND SANTA FE STREETS NEAR CHRISTUS SPOHN SHORELINE HOSPITAL; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. ORDINANCE AMENDING THE URBAN TRANSPORTATION PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ("THE CITY"), BY PROVIDING FOR MODIFICATION OF STREET DESIGNATIONS ON THIRD, ELIZABETH AND SANTA FE STREETS NEAR CHRISTUS SPOHN SHORELINE HOSPITAL; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. Christus Spohn Hospital Health System has requested the closure of Third Street between Ayers and Elizabeth Street as part of a major building program to expand hospital facilities. Third Street is a designated C-1 Collector Street on the Urban Transportation Plan. The proposed closure requires a Transportation Plan Amendment. Spohn Hospital proposes to raze the round medical plaza building west of the main hospital campus and construct several new medical office buildings including a parking garage. Third Street, between Ayers and Elizabeth, splits the Spohn Campus with a through street and creates a heavy pedestrian / vehicle conflict point at mid -block. (See Figure 1-1 Shoreline Campus Street Closure Study) There are 5,800 vehicle trips per day on Third Street and heavy pedestrian traffic movement along and across Third Street. The closure would require additional lane improvements to Santa Fe and Elizabeth Street to handle traffic formerly using Third Street. The closure will create a safer pedestrian connection between the hospital facilities and a more efficient development pattem with regard to hospital facilities / lands. u. Council Agenda Menwrandum tuEust23.2005 'di', 2 Proposed Plan Amendments Delete the collector designation from Third Street between Ayers Street and Elizabeth Street; Re -designate Santa Fe Street, between Ayers and Elizabeth Streets, from a C-2 Collector with three lanes to a C-3 Collector Street with four moving lanes and a center left turn lane in 85 feet of right- of-way; and • Re -designate Elizabeth Street, between Third Street and Santa Fe Streets, from a C-1 Collector with two lanes, to a C-2 Collector with three moving lanes and parking on one side of the street in 78 feet of right-of-way. transportation Advisory Committee )n July 25, 2005, the Transportation Advisory Committee recommended approval. Planning Commission On August 10, 2005, the Planning Commission recommended approval. REQUIRED COUNCIL ACTION: Conduct a public hearing for amending the Urban Transportation Plan and approval of an adopting ordinance on First Reading. PREVIOUS COUNCIL ACTION: Adoption of the updated Urban Transportation Plan on May 24, 2005. CONCLUSION AND RECOMMENDATION: Approval. Attachments: Attachment 1. Attachment 11 Attachment 111. Attachment IV. Michael N. Gunning, AICP Assistant Director of Development Services Planning Commission Minutes Figure 1-1 from the Shoreline Campus Street Closure Study, Wilbur Smith Associates Staff Report to the Transportation Advisory Committee Ordinance Cary Council Agenda Memorandum August 23. 2005 Page Attachment I. Planning Commission Minutes August 10, 2005 Draft Planning Commission Minutes Presentation and Public Hearing on Christus Spohn Hospital for an amendment to the Urban Transportation Plan David Frump, Vice President for Strategic Development and Business Planning for Cluistus Spohn Health System, stated that the proposed Third Street closure could benefit not only Spohn Health System but the community as well. In the summer of 2003 a Master Facility Strategic Planning process for Spohn Memorial, Spohn Shoreline and Spohn South were created. The growth for health care set -vices over the next 10 to 15 years was predicated on the following assumptions: There will be a health care need in the community. 2 There will be a growth in the outlying region which consists of 600,000 people including the 300,000 people in the Corpus Christi area; and 3 There will be a substantial shortage of health care providers within the next 10 to 15 years and our region will be approximately 100 to 150 physician's short of meeting the demands of the population. These improvements will help Spohn Health System maintain its estimated 65% market share for health care services. As part of this plan, Spohn Shoreline recently opened a new $50 million dollar Critical Care Center and recruited approximately 130 registered nurses, and numerous physicians. The next step in the plan is to build new medical office buildings and additional parking spaces. Join Morritson, representativ-e for Christus Spohn Health System, stated that the first phase of improvements includes the new Critical Care Unit, off of Ocean Drive and Elizabeth Street. The new facility has 9 stories, 156 private bed rooms, and a total square footage of 205,000. Phase II of the Master Plan indicates a future need for two new medical office buildings containing 150,000 square feet and a multi -story parking garage. For Phase II, Christus Spohn Hospital Health System has requested the closure of Third Street between Ayers and Elizabeth Street in order to raze the round medical plaza building west of the main hospital campus and construct die two new buildings including a parking garage. Currently, Third Street splits the Spohn Campus with a through street and creates a heavy pedestrian/vehicle conflict point at mid -block. There are 5,800 vehicles trips per day on Third Street and heavy pedestrian traffic movement along and across Third Street. The closure would be beneficial by creating a safer pedestrian connection between the hospital facilities and also promotes a more efficient / higher density development pattern. t Ity Council Agenda Memorandum August 23, 2005 Page 4 Since Third Street is a designated C-1 Collector Street on the Urban Transportation Plan a closure would require a Transportation Plan Amendment. In addition, closure of Third, would require improvements to Santa Fe and Elizabeth Streets to handle traffic formerly using Third Street. The proposed plan amendments would include deleting the collector designation from Third Street between Ayers Street and Elizabeth Street. Redesignating Santa Fe Street, between Ayers and Elizabeth Streets from a C-2 Collector with three lanes to a C-3 Collector Street with four moving lanes and a center left turn lane in 85 feet of right-of-way; and re -designating Elizabeth Street between Third Street and Santa Fe Street from a C-1 collector with two lanes, to a C-2 Collector with three moving lanes and parking on one side of the street in 78 feet of right- of-way. The Transportation Advisory Committee reviewed the proposed plan changes and street closure on July 25, 2005 and recommended approval. Commissioner Zamora ask how long these improvements are projected to meet the needs of the market. Mr. Morritson stated that it will be a long term benefit to the arterial system. Commissioner Zamora contended that with the continuing growth of Spohn Shoreline the pedestrian walk and vehicular conflict could worsen with the new development. Mr. Morritson indicated that the proposed improvements will enhance the long term growth of Spohn Shoreline. A study was done to incorporate what will be done for the community and for what will be done for that block. Commissioner Pusley ask Mr. Morritson to explain how traffic will be handled and diverted into the Spohn facility. Mr. Morritson stated that how traffic will be handled will depend on the ultimate configuration layout of the property but at this time Spohn Hospital believes the traffic can best be handled by access from both from Santa Fe Street and the existing Third Street which will become private. Although Third Street is requested to be closed, it will be a private street that can be used to access the parking garage or for pedestrians to cross to the facility. In response to Commissioner Garza's question of access for the disabled and elderly people, Mr. Morritson stated that Spohn Hospital will address the needs of access for the disabled and elderly. There will be multiple phases or strategies introduced as well as valet parking that has already been introduced that will better meet the needs for those that are not comfortable entering and exiting the garage. Any parking additions made will have adequate handicap parking allotments and it will be suggested that those be oriented closest to the facility so there will be easy access. In response to Commissioner Zamora's question of buy outs of businesses along Santa Fe Street, Mr. Morritson stated that Christus Spohn Health System already owns the land that will be used for the right-of-way. Cny Council Agenda Memorandum August 23. 2005 Page 5 In response to Commissioner Stone's question of what type of action should be taken; Mr. Gunning stated that the action taken would be a recommendation to City Council to amend Mc Transportation Plan to accommodate the Third Street closure. Public hearing was opened. A concerned citizen living in the surrounding area, stated that he has lived there for 42 years and it used to be that the traffic pattern coming into the downtown would use Santa Fe, turn right onto Del Mar Street, and turn left onto Third Street. He is opposed to the closure of Third Street and feels that a skywalk would benefit all parties involved. In response to the concerned citizen, Mr. Morritson stated that they are not at all opposed to skvwalks but believe that a skywalk would benefit if it will tie two facilities together. If they were to access the closure to Third Street, the buildings could be moved more closely to our existing structures and by doing that they will also attempt to create a better environment for the disabled or for those that are currently unable to move quickly across a very dynamic and busy Third Street. Public hearing was closed. Motion by Commissioner Pusley, seconded by Commissioner Salazar to recommend the Third Street closure. it} Council Agenda Memorandum august 23.2005 Hgt 6 Attachment II. Figure 1-1 Shoreline Campus Street Closure Study Wilbur Smith Associates P ,r,, conical_ CARE '9 Y,♦�]Y 11 , 1 I i,11,1 -1\ rr SH61% N 4•1 I 111 11 ow ,r ith Ace. dres STUDY AREA Shoreline Campus Street Closure Study Corpus Christi. Texas Figure 1-1 <'itc Council Agenda Memorandum August 21. 2005 ae Attachment III. Staff Report to the Transportation Advisory Committee MEMORANDUM TO TRANSPORTATION ADVISORY COMMITTEE FROM: Ricardo Guzman, Traffic Manager SUBJECT: Proposed Closure of Third Street (between Elizabeth Street and Ayers Street) - Amendment to Urban Transportation Plan Date: July 22, 2005 If the closure of the section of Third Street from Elizabeth to Ayers is granted, Staff recommends the Urban Transportation Plan be amended as follows: • Vacate and abandon Third Street right of way between Ayers and Elizabeth eliminating that portion of a C2 secondary collector. • Santa Fe between Elizabeth and Ayers will be re -designated from a C2 secondary collector to an Al minor arterial. • Elizabeth Street will be re -designated from a 01 minor collector to a C2 secondary collector. THIRD STREET Third Street has a 60 foot right of way and is a C2 secondary collector between Ayers Street and Elizabeth. It has a traffic volume of approximately 5800 vehicles per day. It is a 40 foot back to back northbound one way roadway with two travel lanes and parking on the west side. Proposal is to close and abandon for fair market value. The traffic would be rerouted to an improved section of Santa Fe Street one block west SANTA FE STREET Santa Fe has a 60 foot right of way and is a C2 secondary collector between Elizabeth and Ayers. It has a traffic volume of approximately 6600 vehicles per day. It is a 40 back to back southbound one way with three travel lanes and parking on the east side. Proposal is to improve the roadway to a two way 65 foot back to back with four travel lanes, two in each direction, a center turning lane and no parking. The right of way would increase to 85 feet This would accommodate the existing traffic and additional traffic diverted from the closure of Third Street. ELIZABETH STREET Elizabeth Street has a 74 foot right of way and is a 01 minor collector between Santa Fe and Third. It has two way traffic of approximately 3000 vehicles per day. It is 48 foot back to back with two travel lanes and parking on both sides. Proposal is to improve the roadway to a 55 foot back to back with three travel lanes and parking -,n the north side only. Two lanes will travel east and one west. The proposed right of way will •ncrease to 78 feet. -)taff recommends approval of request as presented. n} Council Agenda Memorandum August 23, 2005 Page 8 TRANSPORTATION PLAN & LOCATION MAP 1 IR =14=11111M1 1 ow ism 41= elm ma renimmilt t 1 iii I MAI A. imolnexat. ( lip 1 sk ‘ a - Ar %.4, STAPLES LAMEDA ■J 7 ELIZABETH ST. AYER 7 OCEAN DR. SANTA FE Page 1 of 3 ORDINANCE AMENDING THE URBAN TRANSPORTATION PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ("THE CITY"), BY PROVIDING FOR MODIFICATION OF STREET DESIGNATIONS ON THIRD, ELIZABETH, AND SANTA FE STREETS, NEAR CHRISTUS SPOHN SHORELINE HOSPITAL; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 10, 2005, during a meeting of the Planning Commission, and on Tuesday, August 23, 2005, during a meeting of the City Council of the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), is amended by providing for modification of street designations on Third, Elizabeth, and Santa Fe streets, near Christus Spohn Shoreline Hospital, as shown in Exhibit "A", which is attached to and incorporated into this ordinance. SECTION 2. That to the extent the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan, including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, 111LEG-DIRWosephlOrd-Plan-Spohn doc Page 2 of 3 clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 2005 Joseph Harney Assistant City Attorney For City Attorney HAL EG-DIR\Joseph\Ord-Plan-Spohn doc Henry Garrett. Mayor, The City of Corpus Christi 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. 1/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 \Ord-Plan-Spohn doc Portion of Elizabeth Street changed from a C-1 to a C-2 Collector ELIZABETH STREET Portion of Santa Fe Street changed from a C-2 to a C-3 Collector Portion of Third Street to be deleted from Plan AYERS STREET 32 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 23, 2005 a. Public hearing to consider abandoning and vacating a 33,129.73 -square foot portion of the Third Street public right-of-way, out of Blocks X and IX, Ocean View Addition, located between the Elizabeth Street right-of-way and the Ayers Street right-of-way. b. Ordinance abandoning and vacating a 33,129.73 -square foot portion of the Third Street public right-of-way, out of Blocks X and IX, Ocean View Addition, located between the Elizabeth Street right-of-way and the Ayers Street right-of-way; subject to compliance with the specified conditions. ISSUE: Christus Spohn Health Systems, is requesting to abandon and vacate the public street right-of-way for future building improvements within the right-of-way that will include a medical office building and multi-level parking facilities. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and abandonment of any street rights-of-way. BOARD/COMMITTEE REVIEW: The required amendment to the Corpus Christi Urban Transportation Plan was scheduled before the Planning Commission on August 10, 2005, and the Transportation Advisory Committee on July 25, 2005. RECOMMENDATION: Staff recommends approval of the ordinance as presented. AICP Direct.r of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Christus Spohn Health Systems, owners of Blocks X and IX, Ocean View Addition, are requesting the abandonment and vacation of a 33,129.73 -square foot portion of the 60 -foot wide Third Street public right-of-way (ROW). The public right-of-way to be abandoned and vacated is located between the Elizabeth Street ROW and the Ayers Street ROW, and is in a "B-5" Primary Business District. The 60 -foot wide public street right-of-way is being abandoned and vacated to allow for the proposed improvements on this property which include the construction of a medical office building and multi-level parking facility. The proposed amendment to the Corpus Christi Urban Transportation Plan was scheduled before the Planning Commission on August 10, 2005, and the Transportation Advisory Committee on July 25, 2005, with recommendations of approval. All public and franchised utilities and City Departments were contacted regarding this closure request. Owner is required to complete the design and construction of the following infrastructure improvements subject to submittal of construction plans and specifications for review and approval by the Director of Engineering Services prior to start of construction, at Owner's expense: a. Reconstruct and widen Santa Fe St. between Ayers St. and Elizabeth St. to five lanes. b. Reconstruct and widen Elizabeth St. between Third St. and Santa Fe St. to four lanes. c. Design and reconstruct drainage infrastructure for widened streets. d. Design and submit a 20 -year pavement design. e. Relocate 10 -inch sanitary sewer line from Third Street along Ayers Street, Santa Fe Street to Elizabeth Street. Dedicate a 10 ft wide utility easement along the frontage of Ayers Street between Third St. and Santa Fe St. and along Santa Fe St. to Elizabeth St. g. Abandon an existing 6 -inch water line and 6 -inch sanitary sewer on Third Street as public lines and either assume complete private maintenance or grout the lines. h. Relocate and/or adjust utilities to avoid conflicts with other utilities including telephone, electric power cable, communications cable and gas lines, etc. Relocate and adjust the stand pipe connections for Fire Department on Third Street to maintain access as stipulated by the Fire Department. j. Remove, relocate, or disconnect street lights, poles and cable along Third Street from the public lighting system. EXHIBIT A k. Prepare and submit parking analysis to include parking spaces that are being deleted. Prepare signs, striping and markings plans for Santa Fe Street and Elizabeth Street and affected approaches on adjacent intersections. m. Relocate, prepare design and modify traffic signal timing, phasing, and upgrade control equipment at affected intersections. n. Relocate and construct RTA bus turn around along Santa Fe Street including dedication for additional right of way. Construction of an adequate 8 -foot wide sidewalk along Elizabeth Street and Santa Fe Street to handle heavy pedestrian movement. p Construction of a NB deceleration lane on Santa Fe Street for entrance to new garage structure. q. Agrees to maintain Third Street open to traffic until Santa Fe Street and Elizabeth Street are widened and open to traffic. r. Agrees to maintain Santa Fe Street and Elizabeth Street open to traffic during construction of the widening of the right-of-way. Owner will be responsible for private maintenance of Third Street pavement section and drainage and for the extension of curb, gutter, and sidewalk at Ayers Street and Elizabeth Street and modifications to drainage on Ayers Street and Elizabeth Street. Owner is required to indemnify the City for damages resulting from the drainage modifications to the drainage system on Third Street. Owner is to execute an Indemnification Agreement to address the interim utility use on Third Street. Owner is to show locations of the driveways to access the proposed parking garage and the proposed medical buildings. Owner will have access restrictions on Santa Fe and Elizabeth Streets as follows: A. A maximum of two right in, right out driveways along Santa Fe from Ayers Street to Elizabeth Street with no exit access to the parking garage. B. Driveway access along Elizabeth Street from Santa Fe to the west right of way line of Third Street is not allowed. Staff recommends that payment of the fair market value be waived because Owner will be dedicating public street right-of-way of greater value when widening the Santa Fe Street right-of- way, to off -set the proposed abandonment and vacation of the Third Street public right-of-way. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: August 18, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: August 23, 2005 ORDINANCE CAPTION: a Public hearing to consider abandoning and vacating a 33,129.73 -square foot portion of the Third Street public right-of-way, out of Blocks X and IX, Ocean View Addition, located between the Elizabeth Street right- of-way and the Ayers Street right-of-way. b Ordinance abandoning and vacating a 33,129.73 -square foot portion of the Third Street public right-of-way, out of Blocks X and IX, Ocean View Addition, located between the Elizabeth Street right-of-way and the Ayers Street right-of-way; subject to compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) That payment for the fair market value be waived because Owner will be dedicating public street right-of-way improvements of greater value when improving the Santa Fe Street right-of-way, to off- set the proposed abandonment and vacating of the Third Street public right-of-way. 2) Owner is required to complete the design and construction of the following infrastructure improvements subject to submittal of construction plans and specifications for review and approval by the Director of Engineering Services prior to start of construction, at Owner's expense: a. Reconstruct and widen Santa Fe St. between Ayers St. and Elizabeth St. to five lanes and the crown of Santa Fe to show the crown of the street relocated to the center of the proposed roadway section. b. Reconstruct and widen Elizabeth St. between Third St. and Santa Fe St. to four lanes and the crown of Elizabeth to show the crown of the street relocated to the center of the proposed roadway section. c. Design and reconstruct drainage infrastructure for widened streets. d. Design and submit a 20 -year pavement design. e. Relocate 10 -inch sanitary sewer line from Third Street along Ayers Street, Santa Fe Street to Elizabeth Street. f. Dedicate a 10 ft wide utility easement along the frontage of Ayers Street between Third St. and Santa Fe St. and along Santa Fe St. to Elizabeth St. g. Abandon an existing 6 -inch water line and 6 -inch sanitary sewer on Third Street as public lines and either assume complete private maintenance or grout the lines. h- Relocate and/or adjust utilities to avoid conflicts with other utilities including telephone, electric power cable, communications cable and gas lines, etc. Relocate and adjust the stand pipe connections for Fire Department on Third Street to maintain access as stipulated by the Fire Department. j. Remove, relocate, or disconnect street lights, poles and cable along Third Street from the public lighting system. k. Prepare and submit parking analysis to include parking spaces that are being deleted. Prepare signs, striping and markings plans for Santa Fe Street and Elizabeth Street and affected approaches on adjacent intersections. m. Relocate, prepare design and modify traffic signal timing, phasing, and upgrade control equipment at affected intersections. n. Relocate and construct RTA bus turn around along Santa Fe Street including dedication for additional right of way. o. Construction of an adequate 8 -foot wide sidewalk along Elizabeth Street and Santa Fe Street to handle heavy pedestrian movement. P. Construction of a NB deceleration lane on Santa Fe Street for entrance to new garage structure. . q. Agrees to maintain Third Street open to traffic until Santa Fe Street and Elizabeth Street are widened and open to traffic. Agrees to maintain Santa Fe Street and Elizabeth Street open to traffic during construction of the widening of the right-of-way. 3) Owner is responsible for private maintenance of Third Street pavement section and drainage and for the extension of curb, gutter, and sidewalk at Ayers Street and Elizabeth Street and modifications to drainage on Ayers Street and Elizabeth Street. 4) Owner is required to indemnify the City for any damages resulting from the drainage modifications to the drainage system on Third Street. 5) Owner is to show locations of the driveways to access the proposed parking garage and the proposed medical buildings. Owner will have access restrictions on Santa Fe and Elizabeth Streets as follows: A. A maximum of two right -in, right -out driveways along Santa Fe from Ayers Street to Elizabeth Street with no exit access to the parking garage. B. Driveway access along Elizabeth Street from Santa Fe to the west right of way line of Third Street is not allowed. 6) Execute an Indemnification Agreement to address the interim utility use on Third Street. REQUESTED BY: B. lly, Director of evelopment Services fr DATE: 8 —/ o Approved: Date EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 33,129.73 -SQUARE FOOT PORTION OF THE THIRD STREET PUBLIC RIGHT-OF-WAY, OUT OF BLOCKS X AND IX, OCEAN VIEW ADDITION, LOCATED BETWEEN THE ELIZABETH STREET RIGHT-OF-WAY AND THE AYERS STREET RIGHT-OF-WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 33,129.73 -square foot portion of the Third Street right-of-way, between the Elizabeth Street right-of-way and the Ayers Street right-of-way, out of Block X and IX, Ocean View Addition, as recorded in Volume 1, Page 11, Map Records Nueces County, Texas, that the owner, Christus Spohn Hospital (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way for 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 33,129.73 -square foot portion of the Third Street public right-of- way, located between the Elizabeth Street right-of-way and the Ayers Street right-of- way, out of Block X and IX, Ocean View Addition, as recorded in Volume 1, Page 11, Map Records Nueces County, Texas, abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1) That payment for the fair market value be waived because Owner will be dedicating public street right-of-way and constructing improvements of greater value when improving the Santa Fe Street right-of-way, to off -set the proposed abandonment and vacating of the Third Street public right-of-way. 2) Owner is required to complete the design and construction of the following infrastructure improvements subject to submittal of construction plans and specifications for review and approval by the Director of Engineering Services prior to start of construction, at Owner's expense: a. Reconstruct and widen Santa Fe St. between Ayers St. and Elizabeth St. to five lanes and the crown of Santa Fe to show the crown of the street relocated to the center of the proposed roadway section. b. Reconstruct and widen Elizabeth St. between Third St. and Santa Fe St. to four lanes and the crown of Elizabeth to show the crown of the street relocated to the center of the proposed roadway section. c. Design and reconstruct drainage infrastructure for widened streets. H: \LEG-DIR\Joseph\ORD-ThirdSt-ay.doc d. Design and submit a 20 -year pavement design. e. Relocate 10 -inch sanitary sewer line from Third Street along Ayers Street, Santa Fe Street to Elizabeth Street. f. Dedicate a 15 ft. wide utility easement along the frontage of Ayers Street between Third St. and Santa Fe St. and along Santa Fe St. to Elizabeth St. g. Abandon an existing 6 -inch water line and 6 -inch sanitary sewer on Third Street as public lines and either assume complete private maintenance or grout the lines. h. Relocate and/or adjust utilities to avoid conflicts with other utilities including telephone, electric power cable, communications cable and gas lines, etc. i. Relocate and adjust the stand pipe connections for Fire Department on Third Street to maintain access as stipulated by the Fire Department. j. Remove, relocate, or disconnect street lights, poles and cable along Third Street from the public lighting system. k. Prepare and submit parking analysis to include parking spaces that are being deleted. I. Install signs, striping and markings plans for Santa Fe Street and Elizabeth Street and affected approaches on adjacent intersections. m. Relocate, prepare design and modify traffic signal timing, phasing, and control equipment at affected intersections. n. Relocate and construct RTA bus turn out along Santa Fe Street including dedication for additional right of way. o. Construction of an adequate 8 -foot wide sidewalk adjacent to development along Elizabeth Street and Santa Fe Street to handle heavy pedestrian movement. p. Construction of a north bound deceleration and acceleration lane on Santa Fe Street for entrance to new garage structure. q. Agrees to maintain Third Street open to traffic until Santa Fe Street and Elizabeth Street are widened and open to traffic. r. Agrees to maintain Santa Fe Street and Elizabeth Street open to traffic during construction of the widening of the right-of-way or a temporary detour approved by the City. 3) Owner is responsible for private maintenance of Third Street pavement section and drainage and for the extension of curb, gutter, and sidewalk at Ayers Street and Elizabeth Street and modifications to drainage on Ayers Street and Elizabeth Street. 4) Owner is required to indemnify the City for damages resulting from the drainage modifications to the drainage system on Third Street. 5) Owner is to show locations of the driveways to access the proposed parking garage and the proposed medical buildings. Owner will have access restrictions on Santa Fe and Elizabeth Streets as follows: a. A maximum of one right -in, one right -out driveway along Santa Fe from Ayers Street to Elizabeth Street. , EG-DIRUoseph\ORD-ThirdSt-ay.doc b. Driveway access along Elizabeth Street from Santa Fe to the west right of way line of Third Street is not allowed. 6) Owner is to execute an Indemnification Agreement to address the interim utility use on Third Street. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved b,, F X By. Joseph Hrney Assistant City Attorney For City Attorney H: \LEG-DIR\Joseph\ORD-ThirdSt-ay. doc , 2005 Henry Garrett Mayor 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 John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H: \LEG-DIRUoseph\ORD-ThirdSt-ay. doc IPMEin Milk\ VE\ 11111112111 MOM C PROPOSED STREET CLOSURE r \� oc/icA LOCATION MAP THIRD STREET CLOSURE OCEAN VIEW ADDITION EXHIBIT C CHRISTUS-SPOHN HEALTH SYSTEM -APPLICANT Prepared by Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fox) Job No: 04097 Scale: 1 s=300' Date: 6/2/05 Drawing Na 04097A-2 Plotscale: 1=1 Sheet 1 of 2 C LaABE H STREET POINT OF BEGINNING N86720' 19 t Area 33129.73 Sq.Ft. 0.7606 Acres AYERS STREET STREET CLOSURE THIRD STREET CHRISTUS-SPOHN HEALTH SYSTEM -APPLICANT EXHIBIT C Prepared by Boss & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fox) Job No. 04097 Scale: 1.=.100' Dote: 6/2/05 Drawing No: 3RDCLOSE-2 Plotscale: 1:1 Sheet 2 of 2 33 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 23, 2005 a Public hearing to consider abandoning and vacating a 6,033.11 -square foot portion of an undeveloped and unsurfaced 20' wide dedicated public right-of-way out of Lot 7, Sec. 40, F. B. & E. F. & G.T. (approximately 650 -feet west of the Flour Bluff Drive street right-of-way and opposite of Purdue Road). b Ordinance abandoning and vacating a 6,033.11 -square foot portion of an undeveloped and unsurfaced 20' wide dedicated public right-of-way out of Lot 7, Sec. 40, F. B. & E. F. & G.T. (approximately 650 -feet west of the Flour Bluff Drive street right-of-way and opposite of Purdue Road); subject to owner's compliance with the specified conditions. ISSUE: Urban Engineering, on behalf of owner Shoreline Oaks, Inc., is requesting the abandonment and vacation of the dedicated public right-of-way to allow for the future development of a residential subdivision. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code 49 -12, requires notification of the public prior to the abandoning and vacating of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map efec olly, AICP Director of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Surveying, Inc., on behalf of the Owner/Developer, Shoreline Oaks, Inc., is requesting the abandonment and vacation of a 6,033.11 -square foot portion of an undeveloped and unsurfaced 20' wide dedicated public right-of-way (ROW). The undeveloped public ROW is the northern portion of a 40 -foot wide ROW in Lots 7 & 13, Section 40, Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be abandoned and vacated is located in a "T -1B" Manufactured Home -Park District. The 20' wide undeveloped ROW is located approximately 650 -feet west of the Flour Bluff Drive street right-of-way and opposite of Purdue Road. Extension of Purdue Road, west of Flour Bluff Drive is not impacted and is consistant with the Corpus Christi Urban Transportation Plan. The said portion of public ROW is being abandoned and vacated to allow for the future development of a residential subdivision (Shoreline Oaks Subdivision). The Owner/Developer, Shoreline Oaks, Inc., desires to offset the referenced undeveloped public ROW by dedicating new street ROW within the proposed subdivision plat. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street rights-of-way of greater value with the Shoreline Oaks Subdivision, to off -set the proposed abandoning and vacating of public right-of-way. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM B A. Holly, AICP, Director of Development Services DATE: August 15, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: August 23, 2005 ORDINANCE CAPTION: Public hearing to consider abandoning and vacating a 6,033.11 -square foot portion of an undeveloped and unsurfaced 20' wide dedicated public right-of-way out of Lot 7, Sec. 40, F. B. & E. F. & G.T. (approximately 650 -feet west of the Flour Bluff Drive street right-of-way and opposite of Purdue Road). Ordinance abandoning and vacating a 6,033.11 -square foot portion of an undeveloped and unsurfaced 20' wide dedicated public right-of-way out of Lot 7, Sec. 40, F. B. & E. F. & G.T. (approximately 650 -feet west of the Flour Bluff Drive street right-of-way and opposite of Purdue Road); subject to owner's compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 41-43, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street right-of-way of greater value on the Shoreline Oaks Subdivision, to off -set the proposed abandoning and vacating of public right-of-way. 2. Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. REQUESTED BY: I Q. 1S,DrectorofDeelo�rvices DATE: 6 -/8_,® 4 - Approved: Date Date t, %ger, ag04\str-clo\Shoreline-Oaks_ORD EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 6,033.11 SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 20 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOT 7, SECTION 40, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS (APPROXIMATELY 650 -FEET WEST OF THE FLOUR BLUFF DRIVE STREET RIGHT-OF-WAY AND OPPOSITE OF PURDUE ROAD); SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 6,033.11 square foot portion of an undeveloped and unsurfaced 20 foot wide dedicated public right-of-way out of Lot 7, Section 40, Flour Bluff & Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the easement for 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 6,033.11 square foot portion of an undeveloped and unsurfaced dedicated public right-of-way out of Lot 7, Section 40, Flour Bluff Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street right-of-way of greater value on the Shoreline Oaks Subdivision, to off -set the proposed abandoning and vacating of public right-of- way. 2 Upon approval from Council and ordinance issued, 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. 1-1 LEG-DIR\Joseph\ORD-fbefgt-7-40-ay.doc SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved 43,(_ ,f , 2005 By Joseph Harney Assistant City Attorney For City Attorney H LEG-D1R\Joseph\ORD-tbefgt-7-40-ay.doc Henry Garrett Mayor 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H-ALEG-DIR\Joseph\ORD-fbefgt-7-40-ay.doc SITE MAP N.T.S. 2725 $*WTha¢ CORPUS a RISIZ TEXAS (Xl)8544/01 Par (X0874-6001 EXHIBIT C Page 1 of 2 URBANDATE: JUN. 23, 2005 SCALE: 1'-50' JOB NO.: 23808.A3.00 ,,,p, SHEET 2 OF 2 DRAWN BY: DL VENGINEERING Lot 7, Saloon 40 Flour tag ow/ £SS Fawn ond_GowtonnotaOlo— Abcasb AiMcw 044' Taos S61'27'50"E 345.55' MX Awn Mill Sows FS Point of Beginning N61'27'50"W 265.26' 0' 60' 30' C R" C SCALE t•-eo' UNE LI Lot l4 Sector 40 Hoar Huff lei Bohol Farm l� Ti -43 Ilto &caeb of Atn County, Taw eo120'. DISTANCE 20.00' TQC of i hp:.g�too s;.A A 0731'50" t04_ — R= 630.00' 's Tar 41.46' L= 82.80' EXHIBIT C Page 2 of 2 Map to Accompany FlELDNOTES for the closing of a 20.00 foot wide Right of Way Easement (not based on an on the ground survey) out of Lot 7, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, a map which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas. OURBAN ENGINEERING 2725 strwiic cnaMs awsri rcxts 78104 (wi854-5101 Parc (xrl) i-ao 7 DATE: JUNE 23, 2005 SCALE: 1460' JOB NO.: 23808.A3.00 SHEET: 1 OF 2 DRAWN BY: DL 34 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 23, 2005 AGENDA ITEM: Public hearing on proposed ad valorem tax rate increase. ISSUE: The fiscal year 2005-2006 budget includes a proposed tax rate of $0.625799 per $100 valuation, which, although is lower than the rate used for fiscal year 2004-2005, produces more property tax revenues than the preceding year because of increased property values. Senate Bill 18, 79th Legislature, Regular Session, amended the State Property Tax Code this year to require two public hearings be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes. This is the first of the two public hearings. The second public hearing will be held on Tuesday, August 30, 2005. REQUIRED COUNCIL ACTION: Hold a public hearing to enable taxpayers to express their views on the proposed tax increase. PREVIOUS COUNCIL ACTION: July 19, 2005 -- City Council adopted the City budget for fiscal year 2005-2006 based on the proposed tax rate of $0.625799 per $100 valuation. July 19, 2005 — City Council voted to schedule September 13, 2005 for adoption of the ad valorem tax rate of $0.625799 per $100 valuation and voted to schedule two public hearings on the proposed ad valorem tax rate for August 23, 2005 and August 30, 2005. FUTURE COUNCIL ACTION: August 30, 2005 - Hold a second public hearing to enable taxpayers to express their views on the proposed tax increase. September 13, 2005- City Council to vote to adopt the ad valorem tax rate of $0.625799 per $100 valuation. CONCLUSION AND RECOMMENDATION: No formal City Council action is required. However at the end of each public hearing, the Mayor must announce that during the September 13, 2005 Council meeting beginning at 10:00 a.m. at City Hall, the City Council will vote on the proposed tax rate. Attachments: August 14, 2005 publication in Caller -Times — Notice of Public Hearing on Tax Increase August 14, 2005 publication in Caller -Times — 2005 Property Tax Rate PowerPoint Presentation Cindy O'B Director of Financial Services r H: \FIN-DIR\SHARED AGENDA\2006\AdValoremTaxpubfcHearing82305.doc BACKGROUND INFORMATION The fiscal year 2005-2006 budget approved by City Council on July 19, 2005 includes a proposed tax rate of $0.625799 per $100 valuation, allocated between the General Fund and the Debt Service Fund in the amounts of $0.426624 and $0.199175 respectively. Although this proposed rate does not exceed the rollback rate of $0.6621 71 per $100 valuation, it does exceed the effective tax rate of $t1.591025 per $100, and therefore requires the City to conduct two public hearings. The effective tax rate is generally equal to the prior year's taxes divided by the current value of properties that were also on the tax roll in the prior year. The resulting effective tax rate shows the relation between the prior year's revenue and the current year's value. From tax years 2000 to 2004 there was a three (3) percent allowance above the effective tax rate before a public hearing was required. For tax year 2005 the three (3) percent allowance is eliminated, and so now two public hearings are required when the tax rate exceeds either the effective tax rate or the rollback rate, whichever is lower. The City's net taxable property values increased $838,967,516 from $9,639,561,772 in 2004 to $10,478,529,288 in 2005. In order to determine the amount of revenue that will be generated, the 2005 appraised value of properties taxable in the tax increment financing zone ($84,003,413) for which the 2005 taxes will be deposited into the tax increment fund must be deducted from the net taxable property value of $10,478,529,288, as must the 2005 taxable value of homesteads with tax ceilings ($596,231,859). The 2005 taxable value of properties under protest ($9,495,540) must then be added to the difference to arrive at the 2005 total adjusted taxable value of$9,807,789,556. When applying the proposed tax rate of $0.625799 per $100 to the adjusted taxable value, $61,377,049 of property taxes are generated. This is $4,251,721 more than taxes imposed last year. While the overall values increased. some taxpayers may realize a decrease in value while others may realize an increase. Also, as required by the Code, a "Notice of Vote on Tax Rate" will be published on September 4, 2005 in the Corpus Christi Caller -Times. H:'.. F W-DIR\SHARED\AGENDA\2006\Ad ValoremTax pubhcHearing82305. dce Notice of Public Hearing on Tax Increase Last year, the CITY OF CORPUS CHRISTI property tax rate was $0.634175. That rate raised $57,125,328, a portion of which was used to fund operations such as: capital projects, public safety, and general operations. This year, CITY OF CORPUS CHRISTI is proposing a property tax rate of $0.625799. That rate would raise $61,377,049, which is $4,251,721 more than taxes imposed last year. There will be two public hearings to consider that increase. The first public hearing will be held on August 23, 2005 during the City Council meeting beginning at 10:00 AM, Council Chambers, City Hall, 1201 Leopard St.. Corpus Christi, Texas. The second hearing will be held on August 30, 2005 during the City Council meeting beginning at 10:00 AM, Council Chambers, City Hall, 1201 Leopard St., Corpus Christi, Texas. You have a right to attend the hearings and make comments. You are encouraged to attend and make comments if you wish. 2005 Property Tax Rates In CITY OF CORPUS CHRISTI This notice concerns 2005 property tax rates for CITY OF CORPUS CHRISTI. ft presents information about three tax rates. Last years tax rate is the actual rate the taxing unit used to determine property taxes last year. This years effective tax rale would impose the same total taxes as last year if you compare properties taxed in both years This years rollback tax rate is the highest fax rate the taxing unit can set before taxpayers can start tax rollback procedures In each case these rates are found by dividing the total amount of taxes by the tax base (Ole total value of taxable property) with adjustments as required by stale law The rates are given per 5100 of property value Last year's fax rate: Last years operating taxes 541,435,961 Last years debt taxes 515,689,367 Last years total taxes 557,125,328 Last year's tax base 59,007.817,716 Last year's total tax rate 0.634175 /5100 This year's effective tax rate: Last years adjusted taxes 556,332,738 (after subtracting taxes on lost property) - This years adjusted tax base 59,531,369,523 (after subtracting value of new property) =This years effective tax rate 0.591024/5100 (Maximum rate unless unit publisher rtnfices and holds hearings) This year's rollback tax rate: Last years adjusted operating taxes (after 540,860.956 subtracting taxes on lost property and adjusting for any transferred function tax increment fmancing, and/or enhanced indigent health care expenditures) This years adjusted tax base 59.531,369,523 = This year's effective operating rate 0.428 700 /5100 x 1.08 = tab year's maximum operating rate 0.462996/$100 4 This year's debt rate 0.199175 /5100 = This years total rollback rate 0.662171 /5100 Statement of Increase/Decrease If CITY OF CORPUS CHRISTI adopts a 2005 tax rate equal to the effective tax rate of 50.591024 pet 5100 of value, taxes would increase compared to 2004 taxes by 5841,062. Schedule A - Unencumbered Fund Balances Ilse following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax !Mod Balance Omni Fund Debt Service Fund 514,335,927 58,615,757 Schedule 13 - 2005 Debt Service The unit plans to pay the following amounts for long-term debts that ue secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or interest to be Contract Payment Paid from Other Description to be Patel from of Debt Properly o ePTotal _ _Property Taxes Taxesb Taxto be P.Idd Payment 1983 General 5458,468 51,534,438 $0 11,992,906 Obligation 1993 Certificates of 568,485 52,825 SO 571,310 Obligation 1995 Catilicams of 5359,545 $17,258 50 5376,803 Obligation 1996 Certificates of 5136,969 539,071 10 5176,040 Obligation 2000 Certificates of 5390,363 5122,208 50 5512,571 Obligation 2001A (;rneral 12,194936 5384,713 TO 52579,649 Obligation 200183 General 5116,424 5787,527 10 5903,951 Obligation 2002 Certificates of 5763,605 1941,952 50 51,705,557 Obligation 2003 Genera/ 51,770,331 5481,294 TO Obligation #,251,625 2004 Cati fiw(cs of 5164,363 5194,897 10 1359,260 Obligation 2004 General 54,359,054 51,095,029 SO 55,454,083 Obligation 2005 General 50 52,134,040 SO 52,134,040 Obligation 2005 Certificates of 50 5430,830 10 $430,830 Obligation Total Required for 2005 Debt Service 518.948,625 - Amount (if any) paid from funds listed in Schedule A 50 - Amount (if any) paid from other resources L0 - Excess collections last year 10 = Total to be paid from taxes in 2005 518,948,625 i Amount added in anticipation that the unit will 5586,040 collect only 97.00% of its taxes in 2005 = Total Debt Levy 119,534,665 this notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 901 Leopard St., Suite 301, Corpus Christi, 'FX 78401 Name of person preparing this notice: RAMIRO R. CANALES, CIA Title: NUECES COUNTY TAX ASSESSOR -COLLECTOR Date Prepared: August 9, 2005 Definitions c >+a) co c rTco co LLO», cu co 8 45 U+- s+_ c (0 U a) -0 . ='=4) Q =C X > N cp a) cn cuR. C00 e — - a X 0 S O 0 O 0_ �'�CO O W O w U -o cD >, a) -5 L- t 00•� W Q ■ L 0 Q .XQC00 co a= Un (aO) C a--� N N,Xa) Ute. O t•cn (6 co 5 — L Uo To 0 0) Q • §cEca) I o=a)2 e - U C6 Lu � � U .-. �� U 0 06 O0 co = 2 CO F• cu C/) co L 0u 0 o s 2 co=0,oto n. CC E2E�(� LO>8-a) , ■ "1-; 0).0 Cr m ) + CD O) C -1 CV C13 co a) _C O O = O) .O .L C EC 45 rt.; = CU U O o O W _c p =CU ' OL O Q U r _c — :1I c� �_•3 o CO •- L E W 0) y :1-1o •L •C cn � 13 MIN131) •CD co �O C6 cA O n A\ C O co W •i co EL ma 0 m U_ •> •i mi O O Q. ticn O n0o>� X30 (SI ■ (0 newspaper • 2005 Tax Rates op N ti N ti NCr) O N r co a) O ci ■ ■ ■ 1 O O U. N C O 0 W .� O 2 a w VJ • c • m scE Ivo • Q cv Q v > oei V) oZS Q O ■ Effective Tax Rate ■ M&O (Maintenance & Operations) Rate back Tax Rate 0 cc ■ a) C O a 0 06 a) coac) d) co 0) c in 045 0) N L c o %- % of Net Value eo ett Total Net Values ..„.0 0 0 0 0 0 0 0 00 N O M O ,moi 00eV ‘40 1 011 N N N N N M ON In M � 00 01 01 [� N N M .. '0 '0 � 't tt in t- O C N er O\ - r` er N '0 N IN e' O 00 0000 00 V) 0 N N 0 N N 00 1 -it' N in m Vi er N Itr` N er erdO et '0 in et 1n ,� S) ,-- .., ,..0 , N N Et —, N Es $ 6,464,727,958 O 0 0 0 0 0 0 0 0 K) ▪ N • m N V• N im) O• M1 C\ ,--I N CP ier M M M N et , 'O N 00 C01 en 00 ten in tin „cr. 'O 7,226,045,864 O N i!) 00 �n gerN 0 7,652,057,403 t- 01 M 1- O 11) 'O M 00 in Cr V Nei 'Tr C 0 et 00 1 00. 00 00 O� $10,478,529,288 n C\CT0C 00000 S 01 01 O1 01 o1 O O O O O 0 N N N N N N co 06 ti Le) $0.186652 $0.160593 $0.155593 a) co ti r d09 a) r r d09 a) r N- N- r 609 I CA O r 60? CO r d09 I` r d04 CO r d04 O co O O ce CO O NLie Ln $0.463133 CO M $0.444536 $0.444536 N N CO O CO Total Rate $0.625799 � r CO CO 69 $0.644175 $0.644175 $0.644175 $0.623726 CO ti CCO ND 69 $0.623726 $0.623726 O N- CO CND 609 Tax Year 2005 (proposed) 2004 2003 2002 2001 2000 00) 0) r 1998 0) 0) r CO 0) r ■ Difference $ 395,259 3,918,506 to II CO II N.II II Ce) II r ii M II d' ii II 41 Budgeted FY 05-06 $ 42,722,879 19, 945, 735 r 11 CO II co II (O II N ii W II E ii Budgeted FY 04-05 N CO N N EA- 16,027,229 $ 58,354,849 1 General Fund Debt Service Fund TOTAL 35 AGENDA MEMORANDUM PUBLIC HEARING—ZONING (City Council Action Date: 8/23/05) Case No. 0605 -09 -Jerry Silva: A change of zoning from "I-2" Light Industrial District to a "R -1C" One -Family Dwelling District on Tract 1, "A -I" Apartment House District on Tract 2, and 'B-1'Neighborhood Business District on Tract 3. The property is 1.18 acres out of La Gloria Subdivision, Block F, Lots 1 and 2, the west 100 feet of Lot 20, and Lots 15-19 located on the east side ,tt Bright Street between Reyna Street and Morgan Avenue. Manning Commission and Staff's Recommendation (6/29/05): Approval of a "R -1C" One -Family Dwelling District on Tract 1; an "A-1" Apartment House District on Tract 2; and a "B-1" Neighborhood Business District on Tract 3. Requested Council Action: Approval ofa "R -1C" One -Family Dwelling District on Tract 1; an "A-1" Apartment House District on Tract 2; and a"B-1" Neighborhood Business District on Tract 3 and an adoption of the attached ordinance. Purpose of Request: Redevelopment of the subject property for residential purposes with an option for offices and / or a restaurant use on Tract 3 adjacent to Morgan Avenue. Summary: Staff's Summary: • Existing uses — subject property: Tract 1, Single family house; Tract 2, eight unit apartment complex along the front portion, a single family house located behind the apartment complex and two single family houses located south of the apartment complex; Tract 3, existing single family house. • Existing uses - adjacent tracts: Tract I, the interior side abuts a single family house, across Reyna St. — single family house, across Bright St. multi -family; Tract 2, across Bright St. — vacant lots and a closed medical office, behind the Tract are commercial and offices uses; Tract 3, across Bright - a closed medical office and across Morgan Avenue a closed public - semi -public use. • Dominant uses: The subject properties have been zoned light industrial district since 1948. Ilowever, the dominant uses of properties in the triangular area formed by Morgan Avenue, South Port, and Baldwin Street, are general commercial and residential land uses rather than industrial uses. • Platting History: The subject properties are part of the La Gloria Addition that was platted in 1939. • Redevelopment Trends: Several light industrial uses in the area have been converted to commercial or residential uses, or are vacant, such as: the city incinerator site located south of Reyna Street that has been redeveloped with the LULA Hacienda Apartments; the Vector Control Offices on Morgan Avenue (Iwo blocks to the west) have been relocated out of the neighborhood; and; TxDOT's road maintenance and outdoor storage yard located across the street from Tract 3 has been moved. • New Developments: Several large commercial / office developments have occurred near the area including, Bonilla Plaza at South Port and Morgan Avenue and, the First National Bank located at South Port and Brannan Street. • Housing Conditions: Residential uses in the area are generally in a deteriorated condition. \g Ida Memorandum _ aac No. U605-09 (Jelly Sipa) ,a,., 2 • Future Land Use Plan: The Future Land Use Plan recommends Tract 1 to develop with low density residential uses, Tract 2 for multi -family uses and Tract 3 for commercial uses. The applicant's proposed use of the property is consistent with the Future Land Use Plan. • The Westside Area Development Plan: The Plan identifies the subject property for possible rezoning from an industrial district to a zoning district that is consistent with the Westside Area Development Plan. The Plan identified large areas where existing zoning is inconsistent with existing uses. Attached Policy Statement C.3 and Figure 9 recommended a detailed study and rezoning where residential and commercial properties are zoned for industry. • Utilit Services: Water, wastewater, drainage and solid waste services are available to all Recommendation: Approval of a "R- 1 C" One -Family Dwelling District on Tract 1; an "A-1" Apartment House District on Tract 2; and a"B-1" Neighborhood Business District on Tract 3. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the forty (40) notices mailed to the surrounding property owners, three (3) were returned in favor and one (1) was received in opposition. The 20% rule is not invoked. This case is considered non -controversial. Michael N. Gunning, AIC Assistant Director of Development Seryices MG/RP/gp Attachments: I; Zoning Report 2) Planning Commission Minutes 3) Ordinance H PLN-DIR\SHARE DA(/ailAWORD .AGENDMEM\2005 August A0605-09AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: C0605-09 Planning Commission Hearing Date: June 29, 2005 Applicant: Jerry Silva Owner: Silva and Pulliam Enterprises, LLP Agent: Jen L.S. Morey, Architects Legal Description/Location: La Gloria Subdivision, Block F, Lots 1, 2, 15, 16, 17, 18, 19 and the west 100 feet of Lot 20, located along the east side of Bright Street between Morgan Avenue and Reyna Street. Zoning Request From: "1-2" Light Industrial District To: "R -1C" One -Family Dwelling District on Tract I "A-1" Apartment House District on Tract 2 "B-1" Neighborhood Business District on Tract 3 Area: 1.18 acres Purpose of Request: Redevelopment of the subject property for residential purposes with an option for offices and / or a restaurant use on Tract 3 adjacent to Morgan Avenue. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "1-2" North "1-2" South "1-2" East "1-2" Tract 1: Low Density Residential Tract 2: Medium Density Residential and Vacant Lots Tract 3: Low Density Residential Uses and a vacant lot Tract 1: Low Density Residential Tract 2: Medium Density Residential Tract 3: Commercial Vacant public semi- public uses Public semi-public uses Medium density residential uses Medium density residential Residential, office and commercial uses Neighborhood commercial and general commercial uses %,ontng Report lase No. 00605-U9 , West T1-2" Vacant office use, vacant property and medium density residential uses Light industrial uses, medium and low density residential uses Arca Development Plan: Westside The requested rezoning is consistent with the future land use map. Map No.: 047042 2 Zoning Violations: The applicant moved a house onto Tract 2 and later found that a residential > use in the "1-2" Light Industrial District is not permitted. E E Staff's Summary: • Existing uses — subject property: Tract 1, Single family house; Tract 2, eight unit apartment complex along the front portion of the tract with a single family house located behind the apartment complex and two single family houses located south of the apartment complex; Tract 3, existing single family house. • Existing uses - adjacent tracts: Tract I, the interior side abuts a single family house, across Reyna St. — single family house, across Bright St. multi -family; Tract 2, across Bright St. — vacant lots and a closed medical office, behind the Tract are commercial and offices uses; Tract 3, across Bright — a closed medical office and across Morgan Avenue a closed public -semi-public use. • Dominant uses: The subject properties have been zoned light industrial district since 1948. However, the dominant uses of properties in the triangular area formed by Morgan Avenue, South Port, and Baldwin Street, are general commercial and residential land uses rather than industrial uses. • Platting History: The subject properties are part of the La Gloria Addition that was platted in 1939. • Redevelopment Trends: Several light industrial uses in the area have been converted to commercial or residential uses, or are vacant, such as: the city incinerator site located south of Reyna Street that has been redeveloped with the LULAC Hacienda Apartments; the Vector Control Offices on Morgan Avenue (two blocks to the west) have been relocated out of the neighborhood; and; TxDOT's road maintenance and outdoor storage yard located across the street from Tract 3 has been moved. • New Developments: Several large commercial / office developments have occurred near the area including, Bonilla Plaza at South Port and Morgan Avenue and, the First National Bank located at South Port and Brannan Street. • Housing Conditions: Residential uses in the area are generally in a deteriorated condition. • Future Land Use Plan: The Future Land Use Plan recommends Tract 1 to be developed with low density residential uses, Tract 2 with multi -family uses and Tract 3 with commercial uses. The applicant's proposed use of the property is consistent with the Future Land Use Plan. ,rang Repon ( ,ise No ('0605-0o Lige • The Westside Area Development Plan: The Plan identifies the subject property for possible rezoning from an industrial district to a zoning district that is consistent with the Westside Area Development Plan. The Plan identified large areas where existing zoning is inconsistent with existing uses. Attached Policy Statement C.3 and Figure 9 recommended a detailed study and rezoning where residential and commercial properties are zoned for industry. • Utility Services: Water, wastewater, drainage and solid waste services are available to all three tracts. y 3 Street Name Morgan Type Paved Section 170' ROW w/ 60'Bk to Bk Volume (2001) 10,190 ADT Arterial Department Comments/Findings Comments/Findings: • Light Industrial zoning in the arca has been in place since the 1940s but no new industrial uses were identified in the land use survey. • Several industrial uses or sites in the area have been closed and / or have been redeveloped with residential or commercial uses. • The dominant uses in the area are residential and commercial uses. Most uses are in a deteriorated condition however, there has been significant residential, office and commercial reinvestment in the area. • Industrial use in the Future Land Use Plan on the west side of Bright Street should be revised as the property includes the closed Hector P. Garcia Doctor's Office which has been designated with an "HC" Historical -Cultural Landmark Preservation District. • "I-2" Light Industrial zoning will inhibit reinvestment in existing residential uses. • Rezoning to a combination of "B-1" Neighborhood Business District and residential zoning would support the existing neighborhood by providing a compatible land use buffer between residential areas west of Bright Street and commercial areas with "I-2" Light Industrial zoning along South Port and Morgan Avenues. z Recommendation Approval %;�,...,tng Report e No C0605-09 e4 Approval c V °J E EV o C4 Number of Notices Mailed 40 Favor 0 Opposition 0 (As of June 23, 2005) Attachments: 1 -Zoning Map 2 -Proposed Rezoning — Silva & Pulliam Enterprises, LLP 3 -Westside Area Development Policy Statement C.3 and Figure 9: Rezoning Areas H. PLN-DIR\SHAREDAGaiIAWORDAZONRPTS\2005VuneAC0605-09C('Report doe N BRUCE.II e 1, SUBJECT P MORGAN AVE. REL O C _. —4 I T g - t5.b I <: ,. A 0 CA L m „ n - a�i i �� 19, Z cn " �1 SEGREST / _ m m r1 _ -4 m '1 a _ � 1,.. 1 u I r. �I 1 a I� lo' %� �/ 5 / �� .... i IAo , >, �5 O REYNA ST - y5/ / / / / IV — AGgRITO ST ��'�/ / �ST a / / tiA/.TL�9:_-� - ,- CCalSje i061))51=1:19) NNjot ce i tp ^-q t arm Rural District R-TH Townhouse ()welling District B-1 Neighborhood Business District 1-2 Light Industrial District RE 4esitlentlb/ Estate Dislrlcl9.2 Multiple Dwelling District 8.75 Neighborhood Business District W Heavy Iadu.Blal Dltlrkl RA :its Family Dwelling DistrictT.1q Travel Trailer Parts District 8-1A Barrier Island Business District SP Special Permit 0.15 One Family Dwelling DialncrT.1B Manufactured Home Park District 8-2 Bayfront Business District PUD Planned Unit Development c. 16 ins Family ()welling DismctHC Historical -Cultural Landmark Preservation L1C Manufactured Horne Subdivision District BD Corpus Christi Beach Dos/go District n.1C me Family Dwelling District A-1 Apartment Hous. District B-3 Business District 415 Apartment HDistrict City pIC p Christi, TX GeneralB District Apartment M District ' Iq.2 f F d4 a . . _- o.wlom•M el D...wpm.m s.,.K.r 8-5 Primary 8 District 8f Prima y B Core DiDistrictB-4 AT gpanm tr ()alba B-6 B Professional l+ LimitedIndustrialDemu Office Districl NORTH 0 100 200 Feel CO .aA\ .S /.11 cz loeq}es field, crc mI of J I N I T C 0 QI 0 O i O O1 J O CO ul J 1 ID ffis In 1 8w a, 13 WWZ 3 dS a�� — Q V) 7 IIIA M N o N aonoz M aY d N Wm s 401 6ui>{iod ,e t'- 'a. .... 0 m a noH a a min . E �'. ef Q Cr L1I 00'04 M fY d N 77�c\ E V I`i ,,e t}ueoe/, : -lJ Yf 6 _I 1- 9SflOH asnoH i Ln 1E li 3 a Et P ss 8, 11 0t >13E 05', leld r --T 8 8 sadoi }_, 1300OOZ 31Yd5 z_,,, 13 OOSL13A6dS mi OZ >IOeciles leld op LJ Visas U c N 153 0) w O 11 snoH as m N U C —.i: y L cot jvl -i:g a I s\ i asnoH j_ m Q o ml N Rt asnoH I' N 1E Q r_� ? <- -i: _oNI_ I • loioJawuio m };g asnoH is rte. _ 4_ � � 1E I,: CC sc•c -1' in c E v p ;joegles —I eld —I NI\e Is JI jai a e uo*nlpg4 s'H} auozisIH} 9401 IIV 1{xcerpt from the Westside Area Development Plan adopted by City Council in 1989 C.3 - POLICY STATEMENT The City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan (see Figure 9). Adoption of this plan policy will not immediately change any zoning, but it will accomplish the first of at least a three step process. The next step would include a more specific study of each individual property and a staff recommendation to the Planning Commission regarding each property. As the third step, the Commission could then initiate the rezoning process for all, some, or none of the properties. A. KR-xo i A Wr,. aott *L t Aar Y.. skate. TM ati At S. CN -Ze.Pn 4 of *.4. %C TIM. A+19 tiaaVY I+cs9'raFIAL MUIT WmflTtt AI. POI' q.-r..+PA:S ea IMr>• wwalAL LAR* To erTA r:+tNTt*t ana+P` MAf £ K SI*t0.14 w.To Waite iY14T 14 ip4e4. FIGURE a sOt A Of +1 LOOMOn RE -ZONING AREAS MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — June 29, 2005 d. Case No. 0605-09 Jerry Silva: "I-2" Light Industrial District to an "R -1C" One -family Dwelling District on Tract 1. "A-1" Apartment House District on Tract 2, and "B-1" Neighborhood Business District on Tract 3. Being on 1.18 acres out of La Gloria Subdivision, Block F, Lots 1 and 2, the west 100 feet of Lot 20, and ots 15-19 located on the east side of Bright Street between Reyna Street and Morgan Avenue. Request: Change of zoning from "1-2" Light Industrial District to "R -1C" One -family Dwelling District on Tract 1. "A-1" Apartment House District on Tract 2, and "B-1" Neighborhood Business District on Tract 3. Excerpts from Zoning Report Legal Description/Location: La Gloria Subdivision, Block F, Lots 1, 2, 15, 16, 17, 18, 19 and the west 100 feet of Lot 20, located along the east side of Bright Street between Morgan Avenue and Reyna Street. Purpose of Request: Redevelopment of the subject property for residential purposes with an option for offices and/or a restaurant use on Tract 3 adjacent to Morgan Avenue. Area Development Plan: Westside — The requested rezoning is consistent with the future land use map. Department Comments: • Light Industrial zoning in the area has been in place since the 1940s but no new industrial uses were identified in the land use survey. • Several industrial uses or sites in the area have been closed and/or have been redeveloped with residential or commercial uses. • The dominant uses in the area are residential and commercial uses. Most uses are in a deteriorated condition however, there has been significant residential, office and commercial reinvestment in the area. • Industrial use in the Future Land Use Plan on the west side of Bright Street should be revised as the property includes the closed Hector P. Garcia Doctor's Office which has been designated with an "HC" Historic -Cultural landmark Preservation District. • "1-2 " Light Industrial District zoning will inhibit reinvestment in existing residential uses. • Rezoning to a combination of "B-1" Neighborhood Business District and residential zoning would support the existing neighborhood by providing a compatible land use buffer between residential areas west of Bright Street and commercial uses with "1-2" Light Industrial zoning along South Port and Morgan Avenues. Staff Recommendation: Approval Mr. Robert Payne provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. P;mung Commission Minutes :se No 0605-09 (Jerry Sika) Mr. Payne stated that the entire subject property is currently zoned "1-2" Light Industrial District. Ile explained that Tract 1 is proposed for "R -1C" zoning (at corner of Bright and Reyna Streets), Tract 2 I- proposed for "A -I" zoning (mid-hlock) and Tract 3 is proposed for "B-1" zoning. Mr. Payne stated that the land use adjacent to Tract 1, includes a single family house east, across Reyna Street. a multi -family residence across Bright Street and a single family house of Tract 1. Tract 2 in Bright Street. there are currently vacant lots and a closed medical office. East of Tract 2 are eommercial and offices uses. Across from Tract 3 on Bright Street there is the closed medical office of Hector P. Garcia and adjacent to Morgan Avenue is a closed public -semi-public use. The existing uses of the subject property include a single family home on Tract 1, an eight unit apartment complex along the ont portion of Tract 2 with a single family home located south of the apartment complex. Located on 1 act 3 are two existing single family home. The subject properties have been zoned light industrial district since 1948. However. the dominant uses of properties in the triangular area formed by Morgan Avenue. South Port, and Baldwin Street, are general commercial and residential land uses rather than industrial uses. The subject properties are part of the La Gloria Addition that was platted in 1939. Several light industrial uses in the area have been converted to commercial or residential uses, such as the city incinerator site located south of Reyna Street that has been redeveloped with the LULAC Hacienda Apartments. The Vector Control Offices on Morgan Avenue (two blocks to the west) have been relocated out of the neighborhood and the Texas Department of Transportation's road maintenance and outdoor storage yard located across the street from Tract 3 has been moved. There have been several large commercial y office developments that have occurred near the area, including Bonilla Plaza at South Port and Morgan Avenue and the First National Bank located at South Port and Brannan Street. Residential uses in the area are generally in a deteriorated condition. The Future Land Use Plan recommends Tract 1 he developed with low density residential uses; Tract 2 for multi -family uses and Tract 3 for commercial uses. The applicant's proposed use of the property is consistent with the Future Land Use Plan. Staff recommends approval There were 40 notices mailed with two returned in favor and three returned in opposition. A petition opposing the rezoning was also submitted with twenty-six signatures from property owners from outside the 200 foot notification area. Public hearing was opened. Jeri L.S. Morey, Architect, 711 North Caranchua Suite 518, representing the owners of the pi opertv. The applicant's goal is to provide safe, affordable and attractive housing. She stated that the owner purchased the property approximately one year ago and immediately began evicting those tenants that were engaged in undesirable behavior. Several months ago, the owner began to move some buildings onto Lot 16 and 17 after having obtained valid moving permits. The owner had the intentions of using the building as a housing rental office and as a personal home for himself but discovered that he could not obtain a building permit for that purpose. Ile was then advised to receive a building permit for the purpose of a housing rental office and for storage. Upon reading the Comprehensive Plan, the owner attempted to conform his request to best suit the neighborhoods needs. The landscaping, handicap access, parking and drainage have been designed to suit the eunrent building permit. A site plan has been submitted with the request is for lots 16 and 17 where the home is currently being moved and under construction. With regards to lots 18 and 19, the applicant is proposing to maintain the eight unit complex, remove an existing home in hack and eventually build new apartments that will accommodate between four and six units There is enough parking for six apartments and a recreational area. Lots 1, 2, and 20 are proposed to be developed with neighborhood commercial or residential uses. Public hearing was closed. H'IIN-DIRvSHARID`d.aiIyWGRD..AGHNDMFM\2005AugustA0605-09Mfnures Exceipldoc '•Ial ung Commission Minutes 'ast No 0605-09lJerr' S1 a Hc 3 In response to Commissioner Salazar's question of what can be done with an "1-2" Light indeistrial District. Ms. Holly stated that a recycling plant or other industrial uses which would not be mpropriate for the residential uses in the neighborhood can be placed there. Commissioner Mins stated that the existing "1-2" Light Industrial District zoning allow uses that ouId be detrimental to redevelopment of the neighborhood Motion by Commissioner Mims, seconded for approval of staff recommendation. Motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. PLN-DIR\SHARED`GaiIAWORD`.AGENDMEM\2005`AugustA0605-09Minutes Excerpt.doc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JERRY SILVA BY CHANGING THE ZONING MAP IN REFERENCE TO 1.18 ACRES OUT OF LA GLORIA SUBDIVISION, BLOCK F, LOTS 1 AND 2, THE WEST 100 FEET OF LOT 20, AND LOTS 15 THRU 19 LOCATED ON THE EAST SIDE OF BRIGHT STREET BETWEEN REYNA STREET AND MORGAN AVENUE FROM: "1-2" LIGHT INDUSTRIAL DISTRICT TO A "R -1C" ONE -FAMILY DWELLING DISTRICT ON TRACT 1, "A-1" APARTMENT HOUSE DISTRICT ON TRACT 2, AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 3; 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 Jerry Silva for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 29, 2005, during a meeting of the Planning Commission, and on Tuesday, August 23, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the "1-2" Light Industrial District zoning on La Gloria Subdivision Block F: Tract 1 (0.13 acres) to "R -1C" Single Family Dwelling District; Tract 2 (0.69 acres) to ""A-1" Apartment House District; and Tract 3 (0.37 acres) to "B-1" Neighborhood Business District; located along the east side of Bright Street between Reyna Street and Morgan Avenue, as shown on the attached Exhibit. (Map: 047042) 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. 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 Pian 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 (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 23rd day of August, 2005. ATTEST: Armando Chapa City Secretary APPROVED 7f,, IR 2005 1 Joseph Harney Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett. Mayor, The City of Corpus Christi H :\LEG -DI R\Joseph\Zon ing-05\0605-09 Reg u lar. 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\Zoning-05\0605-09Regular.doc 14108d wdeE : E SW -60-$3 —, —, 1 — — — — „- '!!----7-— BRucrr. . I 1n - — — — I -� —,,, —. r—, - -»r I- ._37_ — - J 15 nd— rr • -.r ii - __ - ...rr.u(Nw.tr _.._ 1 1 1 SUBJECT J PARCEL _ -� AVE. MORGAN - 11– I • 9094 logr I- 0 1.141-I • _� � NI/iii z refr _ II a SEGREST in te in m „ Aor I, _ --r - 1 �y� „� 1, r. re REYNA ST Id I r, 1 AGARirO - ST A,.n.en-Lia-o5 044SQ" 44))606=0-8 Notice Mary am Farm Burl Malik. R•TN Townlw.a Dw.Nny EFFMM 8.1 XNpllbgrlleep lumina DINAN 12 L1gll1IMV*tick Dbak1 RE RMMaatN Male DNMot R4 MuItpl. Dwelling Dbeltt B•1A NNghbort'ood WFMNU DIhMeI 43 Navy Indynisi Dbllbt RA ON Family DwXMpgNrict {.1A TnvN T91111119 Park District 91/11W island 111.111P•••Dlnbkl BP Special Permit 94 1. One Family DwalBrogaMol Unit. ura Ham. Mak BS Bay*uM Malone D6Ylet T-16 io..0 dM Em R•18 gwfNMy Dwelling OrMCIT.1C MamdieRxed Noma SubplvNbn 'District BD Corpus CNNfl Beach Design DistrictNC NlatflSCURwal YndmfM Bn.ervatlen R•1C Ong Family Dwallkng Distal A-1Apahnewl Neuu DMMdI BO Swinges District MA Agnew( Neuf* Dktbl a1 Carpus IL Tic 14 Denaral BuaMw DianaDiana('lite AAgprpw.nanl HOLM*Dltticl 110111091.10•11o.a+arma an.s� 5.6 Primary Outings* 0111061AT ApeNneneTeuMl Dlalrkl 4B ProMlfknN MeeOb<rbl 5-6 pMury Business Cees M irkt AL N Limited aelmthM M*Dbt NORTH D 100 2 o Fe. �� 14108d wdeE : E SW -60-$3 36 8.16.05 To whom it may concern. Turner, Hickey & Associates, acting on behalf of TEMET Properties, is requesting that the upcoming City Council Public Hearing for Case No. 0605-01 be rescheduled from August 23rd to the next regular meeting of the City Council on September 13th. This request is being made in order to provide the involved parties more time to address the concerns which have been raised over the rezoning of Edgewater Terrace Lots 8, 9, 10, & 11. Please feel free to contact our office should any questions arise. We appreciate the consideration of this request, and hope for a favorable response. Sincerely, - Jack Rice Turner, A.I.A. Project Architect 5525 SOUTH STAPLES, SUITE 47 CORPIIS CHRISTI, TX 7R411 111 361)994-8990 FAX_ (3611994-8955 Lmaik jrtumer;a;tumerhicke5 .cml www tumerhickey corn AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 8/23/05) Case No. 0605-01-TEMET Properties: A change of zoning from a "R -IA" One -family Dwelling District to a "R-2" Multiple Dwelling District. The property is Edgewater Terrace, Block 4, Lots 8, 9, 0 and 11, located along the southwest corners of Ocean Drive, South Alameda Drive and Edgewater )rive Planning Commission and Staff's Recommendation (6/29/05): Denial of "R-2" Multiple Dwelling District and, in lieu of, approval of a "R-1A"/PUD-2 - One -family Dwelling District with a Planned )nit Development 2, subject to a site plan and (9) nine conditions. Requested Council Action: Approval of a "R-1A"/PUD-2 - One -family Dwelling District with a Planned Unit Development 2. subject to a site plan and (9) conditions with the adoption of the attached 'rdmance. Purpose of Request: To develop 7- single-family townhomes. Summary: Denial of the "R-2" Multiple Dwelling District and in lieu of, approval of a "R-IA"/PUD-2 One -family Dwelling District with a Planned Unit Development 2. subject to a site plan and the following nine (9) c 'editions: I Permitted Use: The only use allowed for the subject property other than the uses permitted by right in the "R -1A" District is seven (7) single-family townhomes. 2 Building Height of Use: The townhomes shall not exceed three (3) stories and thirty-nine (39') feet in height. 3 Frontyard/Building Setback Line: The building line setback on the front of each unit shall not be less than twenty (20) feet from the property line. Buildings are allowed to slide forward along the property, but shall not extend beyond the 20' frontyard/building setback line. 4 Rear Setback: Minimum setback from the rear property line based on site plan and ranges from 28'7" to 66'2". 5 Side Setback: Along the west property line a minimum setback of 33'3" shall be maintained. 6. Fencing: A minimum six (6) foot solid masonry fence shall be constructed along the south and west property lines as depicted on the site plan. Fencing along the west property line shall be prohibited within the front twenty (20) feet. 7 Streets: Streets within the development shall not be less than twenty-four (24') feet in width and shall be designated as private streets. 8 Access: An ingress and egress driveway for the subject property shall only be provided along Ocean Drive. No driveway for the subject property shall be allowed along South Alameda Street or Edgewater Drive. ,ge da Memorandum Case No. 0605-01 (TENET Properties) 'aci 2 `>. Time Limit: Construction of the townhomes shall commence within two (2) years from the approved ordinance date of the PUD -2 development and shall be completed within five (5) years from the approved ordinance date of the PUD -2. Recommendation: Denial of "R-2" Multiple Dwelling District and, in lieu of, approval of a "R-1A"/PUD-2 — One -family )welting District with a Planned Unit Development 2. subject to a site plan and nine (9) conditions. Applicant's Position: 'the applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 23 notices mailed to the surrounding property owners, two (2) were received in favor, ten (10) received in opposition within the 200 foot radius, and thirteen (13) received outside the area. Opposition to the zoning request is 38.98%. The 20% rule is invoked. This case is considered controversial. Michabl N. Gunding, AICP� Assistant Director of Development Services MG/FGM/gp Attachments: i) Zoning Report 2) Site Plan ;) Planning Commission Minutes — June 1, 2005 and June 29, 2005 4) Neighborhood/Applicant Meeting Minutes of July 5, 2005 Ordinance .1 Ai'; N-DIR\SHAREDGaLI.WORD`.AGENDMENI200AAugustA0605-01 2AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0605-01 Planning Commission Hearing Date: June 1, 2005 and June 29, 2005 Applicant & Legal Description Applicant: TEMET Properties Owner: Same as applicant Agent: Turner, Hickey and Associates, Inc. Legal Description/Location: Edgewater Terrace, Block 4, Lots 8, 9, 10 and 11, located along the southwest comers of Ocean Drive, South Alameda Drive and Edgewater Drive. Zoning Request From: "R -1A" One -family Dwelling District To: "R-2" Multiple Dwelling District Area: 1.09 acres Purpose of Request: To develop 7- single-family townhomes Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "R -IA" One -family Dwelling District Vacant lots Low-density residential North "A-2" Apartment House District Vacant lots and low- density residential Medium -density residential South "R-1 A" One -family Dwelling District Low-density residential Low-density residential East 'B-1" Neighborhood Business District Retail uses Neighborhood business West "R -IA" One -family Dwelling District Low-density residential Low-density residential ADI', Map & Violations Area Development Plan: Southeast — l'he future land use map recommends low-density residential uses for the subject property Map No.: 039037 Zoning Violations: None :oiling Report ase No.0605-01 Cl EMET Properties) Far.. 2 Staffs Summary • Applicant is requesting a change of zoning to a "R-2" Multiple Dwelling District for the development of seven (7) upscale single-family townhomes, for individual private ownership, on 1.09 acres. • The townhome structures will be three (3) stories, totaling forty (40) feet in height. Each townhome v 11 consist of 3,127 square feet with a roof top garden feature and an attached two -car garage along the rear of the structure. • Access for the subject property is proposed through a gated system along Ocean Drive and South Alameda Street, both being arterial roadways. Two-way access is proposed along Ocean Drive with an exit only drive onto South Alameda Street. Edgewater Street, south of the subject property is a cul-de-sac street along the east boundary. • Townhouse construction shall be built in compliance to all provisions of the International Residential Code (2003 Edition), International Fire Code (2003 Edition), and the Corpus Christi Zoning Ordinance as amended and adopted by the City of Corpus Christi, Texas. • As specified in Chapter 2 of the International Residential Code (2003 Edition), a townhouse is defined as a single-family dwelling unit constructed in a group of three or more attached units with each unit extending from foundation to roof and with open space on at least two sides. A dwelling unit is defined as a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. To be considered single-family dwelling units, each dwelling unit shall have a two-hour firewall separation, as defined in Section R317 of the IRC, between abutting neighbors. • Distance between buildings shall comply with Article 24, Section 24-1, of the Corpus Christi Zoning Ordinance for the appropriate zoning district. Minimum distance between buildings shall be 10 feet (following the five foot side yard requirements from the Townhouse Regulations). • On-site water supply regarding fire hydrant locations, shall comply with IFC- Chapter 5, Section 508.5.1, Exception 2 requirement. Exception 2 states that fire hydrants must be spaced no further apart than 600 feet on any type of roadway that provides access to the units, regardless if the roadway is private, public or an access drive. Additionally, no part of any structure may be further than 300 feet, as the hose lies, from a fire hydrant. • On-site water supply regarding fire hydrant locations, shall comply with IFC- Chapter 5, Section 508.5.1, Exception 2 requirement. Exception 2 states that fire hydrants must be spaced no further apart than 600 feet on any type of roadway that provides access to the units, regardless if the roadway is private, public or an access drive. Additionally, no part of any structure may be further than 300 feet, as the hose lies, from a fire hydrant. ' oi'Eng Repon No 0605-01 f 1FMP I Properuesl L Street R.U.‘%. Street Type Paved Section Ocean Drive Arterial Alameda Street Arterial 100' R.O.W. w/ 76' Bk. to Bk. 4 -lane paved section, including a 14' median and right turn lane 100' variable R.O.W. w/76 Bk. to Bk. 4 -lane exchange w/ signalize intersection Volume (2001) 13,210 a.d.t. eastbound 20,490 a.d.t. westbound (Ocean Dr. @ S. Alameda Street intersection) 6,080 a.d.t @ Alameda Street and Country Street The subject property is not platted. Department Comments • The proposed "R-2" District provides for the development of townhomes as a single-family residential product. The Planning Commission tabled this case until June 15, 2005, in order for the applicant to work with staff in developing a Planned Unit Development 2 for the subject property. • As otJune 1. 2005. 38.98% opposition was received for the subject property. • The Planned Unit Development concept is a recognition that at times greater quality of development can be achieved by permitting modification of established zoning and subdivision regulations and that when property is planned and developed as a unit, modification to standard regulations is possible without endangering the health, safety and general welfare of the public. • PUD -2 is a tool under which zoning and subdivision regulations would be subject to modification as necessary to solve specific land development issues and to implement special development concepts. 'ontng Report Vase No.0605-0I ( TEMET Properties) Page 4 Staff Recommendation Denial of the "R-2" Multiple Dwelling District and in lieu of, approval of a "R-1A"/PUD-2 One -family Dwelling District with a Planned Unit Development 2, subject to a site plan and the following nine (9) conditions: 1. Permitted Use: The only use allowed for the subject property other than the uses permitted by right in the "R -IA" District is seven (7) single-family townhomes. 2. Building Height of Use: The townhomes shall not exceed three (3) stories and thirty-nine (39') feet in height. 3. FrontvardBuilding Setback Line: The building line setback on the front of each unit shall not be less than twenty (20) feet from the property line. Buildings are allowed to slide forward along the property, but shall not extend beyond the 20' frontyard/building setback line. 4. Rear Setback: Minimum setback from the rear property line based on site plan and ranges from 28'7" to 66'2" 5. Side Setback: Along the west property line a minimum setback of 33'3" shall be maintained. 6. Fencing: A minimum six (6) foot solid masonry fence shall be constructed along the south and west property lines as depicted on the site plan. Fencing along the west property line shall be prohibited within the front twenty (20) feet. 7. Streets: Streets within the development shall not be less than twenty-four (24') feet in width and shall be designated as private streets. 8. Access: An ingress and egress driveway for the subject property shall only be provided along Ocean Drive. No driveway for the subject property shall be allowed along South Alameda Street or Edgewater Drive. 9. Time Limit: Construction of the townhomes shall commence within two (2) years from the approved ordinance date of the PUD -2 development and shall be completed within five (5) years from the approved ordinance date of the PUD -2. 0 e Gv, '0 c c o E c4 Denial of"R-2" Multiple Dwelling District and, in lieu of, approval of a "R-1A"/PUD-2 — One -family Dwelling District with a Planned Unit Development 2, subject to a site plan and nine (9) conditions. Number of Notices Mailed 23 Favor 1 Opposition 10 — plus 13 outside of the area Opposition — 38.98% (As of June 24, 2005) Attachment: Zoning Map Site Plan Concept Interior Plan FI PLN-DIR\ SHARE D,'alIAWORD ZONRI' FS`.200Nunet0605-0I-PUU-2CCReport(Re 7 cc Bay R-1 B i I/ APP.Ap 4, G F�ygT€ IVF illiiiiiipsoLgirril oR einII � 6 iiry tfr,), �— EBONWOOD o R-1 DRIVE • a $ s R-1 B ict 41 Aen-o646-owatCaa9 MO Q$ O 1 PlotlessAltai) FA Fain Rini Dieing R-TH Townhouse Dwelling Diarist 6-1 NSDlboNbod Buskin District 1.2 IIS Industrial District RE Residual [Yate District R_2 Multiple Dwelling Dion. 6-IA Neighborhood Business Dig1d VS Heavy Industrial DIMd RA One Ferny wog District 1-1A Travel Train Pah Diernct 6-2A Benito Ieleb Business Distrks SP Specie" Permit RAP One FenIy DsMHq Dieing i-hB Manufactured Nano PaA PFylq62 Beybei Business Diced ND %emME Oril peMapmeri 5-16 One Fierily Brisling D19ntl T-1C Manufactured Home HC Subdivision DIYnnd BO C Histoicel-Ctat. lardnerh Preservation Corpus CN tact Beach Design band It4C One Fahy Dwelling MOPS A-1 Apetmtoi Hone Discoid BJ Business District A441 Apartment City of Camas Chit n Nwr District 6-4 B-6 Pinel Business Diana Apronen Hone District Piney Business District G; a AT Apetnnns;moist Mond Pronspo y Office Pond B-R Pnrery Business Coe Paha 4t Limited Industrial District NORTH Os.gw.n.1B...lreaen IR..**Q 'DD 200 Feet ..\\N At*, r 0 452.-r W \ V bk ANW.\ N\\‘-`‘ \\ ''',M \\ \N A\ k k\s\-\\ ''''' , • , \A , 'N\ frA\ \& \ A \ -,\,\-; 0 . 0 C 8A N E) F? f Nife. , TURNER, HICKEY r a Ing\z4,--7,-. c AAa s 1 & ASSOCIATES, INC. CORPUS. CHRISTI, TX ARCH"7576.0 -.. .. i -3 -3 t-' I NQ . a • AIM e Dab.. IND Dv DS )0 .pirdoe 1 nprottne snavenc w I int, nu.. — wean — t i� a.. s.ZTac: xl 'I1 s1)J f-/0 snatf oo ON/ 'fl/ YIOOSSy 9 S W 0J-17V/N\ O1 A LWOW '3NX/11 .x At 1 it Q IV b 3 0 0 I 0 M 4 0 F 0 0- o' 0 0 K z Q J a 0 0 J 4 0 Z 0 W 01 t CF' I. Q IliltI JN! '531 Y!OOSS V f ▪ D+ ALVOIN 'd3NE/71 0 rc X1 "I1 SI2bHO S/lciHOO s W 0 0-11•1,V1. 0 L- 3/\/LiQ NtY200 tt z 0 i 0 Z < J z w x Q n a 0 0 tr u MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — June 1, 2005 a. ('ase No. 0605-01 TEM ET Properties: "R -IA" One -family Dwelling District to a "R-2" Multiple I>welling District I:dgcwater Ter -race, Block 4. Lots 8, 9, 10 and 11, located along the southwest corners of Ocean Drive, south Alameda Drive and Edgewater Drive. ommissioner Braselton abstained and left council chambers. Request: Change of zoning from "R -IB" One -family Dwelling to "AB" Professional Office District Excerpts from Zoning Report Legal Description/Location: Edgewater Terrace, Block 4, Lots 8, 9, 10, and 11, located along the southwest corners of Ocean drive, South Alameda Drive and Edgewater Drive. Purpose of Request: To develop 7 -single family town banes Area Development Plan: Southeast -- The future land use maps recommends low-density residential uses for the subject property. Department Comments: The proposed "R-2" District provides for the development of town homes as a single family residential product. Staff Recommendation: Approval of the "R-2" Multiple Dwelling District. Ms. Holly provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file Ms. Holly stated that the subject property is located on Ocean Drive and South Alameda Street and bordered by Edgewater Drive, a local residential street. Jack Rice Turner with Turner, Hickey and Associates provided a development plan for the neighborhood and provided an overall consistent density with the single family homes to the south. Traditional density is usually 2 to 8 units to the acre. Ms. !lolly stated that Mr. Turner is providing a three story town house development with the element of a base floor with an elevator. On the ground floor located near the garage, there will be an elevator as well as bedrooms, a study and bathrooms. On the second level there will be a kitchen dining and living room. 1,ocated on the third floor will be a balcony, master bedroom and an office. Some units will have a roof elevation that will allow tenants to have a hot tub with a view of the ocean. Staff recommends approval due to the fact that the applicant would like to provide only seven units. If he was limited to the four lots he had, the applicant would have developed four single family homes. Townhouses are a single family toren of ownership. The traffic is very comparable from the 40 trips you would have from the four single family homes. With townhouses it is expected to have about 56 trips. Staff has been informed by Texas Department of Transportation that there will be no access point allowed off Alameda Street due to merging traffic. There is currently 38% opposition of this development. It will be a high quality residential development, and a single family home product that is very similar to the density that you vMould expect to see 111 a "R -1.A" District. =-ening Commission Minutes ase No. 0605-01 (Tercet Properties) In response to Commissioner Pusley's question of not being allowed an access point, Ms. Holly stated that with seven units an access point is not required the emergency egress was for emergency vehicles and not intended for residents. With TXDOT not allowing it, the design would need to allow the first drive -way coming in to have at least two lanes. Public hearing was opened. In response to Commissioner Pusley's question of the subject property being replatted, Mr. i funning stated that the replatting would be forthcoming upon the action of the zoning case. Jack Rice Turner, 5525 South Staples, stated that the main opposition has to do with the orientation and location of the subject property. The main entrance is off Ocean Drive and the secondary entrance is not of great concern. What is of concern is the fact that we do not want Edgewater Terrace open to Alameda Street. We would be glad to work with the neighborhood to keep it opened up. Mr. I urner stated that he did not have an interest in going into Edgewater Terrace at all. The interest is to solve two problems by Edgewater Terrace. The first would be to take the drainage out to Ocean Drive and Alameda Street but at the same time see what could be done regarding the drainage problems that exist in Edgewater Terrace. We would like to work with the neighborhood in that respect. The other item suggested is that there are two representatives from the neighborhood to better understand what and how P is being done. The third item is that the owner would like to issue a letter to the neighborhood stating that this is the project that is going to be done which consists of approximately 3,000 square feet per unit, with a cost of $600,000 to $650,000 per unit, and it would be planned and operated it is presented to Nanning Commission. The letter can be forthcoming if the neighborhood so desires. The rear access to the subject property is approximately 55 feet from the back property line. The access to the units themselves are from 55 to 65 feet from the rear property line. In the front, it is about 55 to 40 feet from teean Drive. The side property line is approximately 35 feet from the closest house that is located directly to the west. We are pretty well isolated on the over one acre property for the seven units. Since each unit will be three stones, with a beautiful roof top view, the approximate height would be about 40 Leet. It would not be any higher than the next door neighbor's peak of their roof for the flat portion of the project. The "R-2" District density would allow 14 units per acre. The applicant is only requesting 7 traits. The project would take approximately one year to develop. There will be an entry garden, a gated area with a fountain facility on Ocean Drive. Units will have three bedrooms, three and a half bath units ith large kitchens. The master bedroom would be on the top floor, and will have a peek-a-boo view of the hay. The view of the bay from the 2"d floor is minimal because there will ultimately be other ?evelopments on the other side of Ocean Drive on the bay. It will be possible to have the view from the third floor. Each of the units will have a patio with a potted yard area along with two balconies. One balcony will be located off the living room area and the other will be located off the master bedroom area on the third area. There will also be an observation area from the garden roof. There will also be a masonry fence located in the rear of the property and all telephone poles will be taken down to accommodate underground wiring for telephones and electricity. Over the years I have designed several town homes and condominiums on Ocean Drive. The last high rise designed was the Twin Dolphin Condominiums. The applicant is ready to make this a first class project. It will also increase the value of the surrounding properties. Commissioner Pusley stated that it would be a great project for Ocean Drive. Constantine Tsaousis, 6026 Edgewater Drive, regarding lots 8, 9, 10, and 11, asked about how much are the surface areas of these lots? In response to Mr. I saousis's question, Mrs. Goode -Macon stated that the surface area is 1.0968 acre, for all four lots. rlaoning Commission Minutes ast Na 0605-01 LI emei Properrmes) In response to Mr. Tsaousis question of whether or not there can be three single family homes, Commissioner Mims stated that there can be four single family homes on the four different lots if the minimum lot size and setbacks are adhered to. Mr. Tsaousis stated that according to Mr. Turner. he is able to place 14 units on the four lots. He leads us to believe that he is doing us a favor by placing only seven units instead of the fourteen instead of he present four. What law supports this concept? Mr Gunning indicated t hat the fourteen units is based on the "R-2" District density standard .vhich allows a maximum of fourteen units per acre. That is the zoning district the applicant has applied for The applicant is proposing to develop a property under the "R-2" District for seven units. The seven unix are Tess than the fourteen units allowed. If the property were to be developed under the current zoning of "R -1A" District, the applicant could only have one single dwelling unit per lot. Mr. Constantine Tsaousis stated that the neighborhood is aware of the significance the proposed property would bring. We know what the significance is for Ocean Drive and for the life of the city. Whenever there are n egotiations for conventions or other e vents, w e m eet h ere. I w ould I ike for the Planning Commission to see what significance Jackson's Landing has done to Ocean Drive. When they were first built, they sold for approximately $30,000 and have since multiplied in value. I would like to argue this position because the Planning Commission should be the watch dogs for maintaining Ocean Drive and the rest of the city Will the applicant stay with the original plan? Colleen Thomas, 5909 Edgewater, stated that she is married with two sons and has resided at Edgewater for eight years. Some of the neighbors have been in their homes for 51 years. Our home is located at the corner of Country Club Drive and Edgewater. It is the first corner coming from Ocean Drive into the neighborhood Mrs. Thomas chose the oversized lot with the unique home for the quiet tree filled, country home neighborhood to raise the family. There is not one straight street in the neighborhood. They are all winding and curved. They do not have curbs and sidewalks and it is enjoyed in that perspective. The special inter working of Edgewater Terrace created a community of neighbors and drivers who cannot exceed the 30 mile per hour residential speed limit on the winding road for fear of hitting a fellow neighbor. Recent construction has increased overflow and excessive traffic from delays down Country Club Drive which connects Ocean Drive to Alameda Street. I recently met with three motor -cycle police officers parked behind my home. They were dispatched to dispense speeding tickets to motorists using Country Club Drive as a pass thru from Ocean Drive to Alameda. The officers stated that they have had several complaints from residents throughout the Edgewater Terrace area. Captain McDonald of Traffic Division stated that the intersection of Ocean Drive, Ennis Joslin and Alameda Street is a heavily populated area for traffic violations. On May 25, a request for a speeding ticket report for t he p ast two to four months Ibr t his s pecific a rea. Due t o 1 ack of time prior to the meeting, the information was not obtained. The developer should have an analysis of the current traffic capacity for this area and how the new traffic will affect it. As stated in Article 2 of the zoning ordinance, the Commission should lessen the congestion to prevent the overcrowding of land and avoid the undue concentration of population. 1 oppose the zone change due to the safety and traffic issues. In response to Commissioner Pusley's question of possible speed bumps, Mrs. Thomas stated that the neighborhood has considered the possibility of speed bumps. There is currently a natural speed bump that is located not far from the corner of Country Club and Edgewater on Country Club Drive. It is a manhole that is indented with a bump. The way that the street is designed, a speed bump would not actually slow traffic down. It is naturally slow because of the curve. 'lai ning ( ommission Minutes as. No 0605-01 (Tercet Properties) oa,„- 4 Commissioner Pusley stated that a similar situation was occurring in his neighborhood. The neighbors c an p ick up a p acket o f i nformation o n speed b umps from the C ity that w ould s upport the lecision to assign speed bumps- Neighborhoods have been very successful in getting speed bumps other areas to slow down traffic. People learn to detour the area due to the speed bumps. Mrs. Thomas stated that Captain McDonald stated to her that the completion of the intersection as 1 :> now will eliminate or alleviate the problem of the cut through. Mohammad Motaki, 6049 Ocean Drive, stated that he lives adjacent to the proposed site. He has owned the property for five years and has resided there for four years. Prior to purchasing the property, he specifically asked the landowner of what may be built in the vacant area. He assured him that it would Pe a single family dwelling. Mr. Motaki stated that he hopes that it will remain the same. Having a townhome right next door would invade the privacy of the neighbors. The tenant would have a great view of the back yard due to the three stories that is being proposed. Average home owners on Ocean Drive have five cars, adding two more residents will bring at least ten more cars to the property. His daughter attends Texas A&M University -- Corpus Christi and every morning she needs at least fifteen additional minutes to exit his property to get onto Ocean Drive. A few months ago she encountered a bad traffic accident in front of his residence. There is a big safety and privacy issue when it comes to the development of this project. We would like to keep this a single family resident area. Valerie Goodwin, 5926 Rio Vista. She stated that she has resided at Edgewater Terrace for thirty one years in three different houses in the same subdivision. She chose to live in Edgewater Terrace for its rural and country setting. The feeling of the oversized lots and open country side are very enjoyable. There are currently no curbs and gutters and it is very appealing to all the residents of the neighborhood. Et is a rare feature in Corpus Christi with a strong appeal to the people who live there now as well as protect from future prospective buyers. The ambience and quietness of the neighborhood is enjoyed by our neighbors and neighboring residents. King High School's cross country team uses the neighborhood for practices. There are many bird watchers. People are usually strolling around with binoculars. Corpus Christi staff writer Phyllis Yokum has signed the petition opposed to the zone change. In her article on May 21, she noted that the sites and sounds are one of the benefits of living in Edgewater Terrace. The original master plan that was developed in 1938 called for Edgewater Terrace to consist of single family residents and zoned "R -IA” District. "R -1A" suits the neighborhood because the lots have a spacious character in a residential surrounding. Changing the zoning and increasing the traffic patterns to accommodate seven or more additional families will have a detrimental affect on the ambiance of our neighborhood. It will increase the traffic and noise which will decrease the enjoyment of our neighborhood. Bill Braselton, 6038 Edgewater, the neighbors that were heard represent the neighborhood. As indicated on the petition, the blanks represent an absent neighbor due to them being out of town or renting. What the neighbors are trying to do is keep the zoning as it is. If we did not want zoning, we could reside in Houston, Texas. We have zoning that states that it is for the general welfare of the City of Corpus Christi. We do not see that this project is for the general welfare of the City of Corpus Christi. In rhe general area that we requested there were over 400 speeding tickets issued in a few short months period. This now is a dangerous intersection, when the construction is complete, cars will not slow down -o ,t will make it even more dangerous. It may take up to thirty minutes to get out of the driveway in the morning due to the increased congestion of the neighborhood and construction. The stated purpose states 'ha! it is to lessen congestion in the streets, to secure safety, prevent overcrowding on the streets, to avoid endue concentration of population. to enhance the character of the district and conserve the values of the m !ding. These are all statements that are written into the Planning Commission's mission statement and he neighbors that had the opportunity to speak, spoke of each specific thing that you are in charge to protect and how this project endangers them. It is very detrimental to the community. • rn 1116 COMMISSION M inotes est' NO 0605-0I (Pemex Properness) Bill Pope, 6041 Ocean Drive, stated that he was unable to attend last week's meeting due to more important things that needed to be done. When I walk out the front door, I am on Ocean Drive, I love to lake a left and walk down Edgewater Terrace, because it is a wonderful and beautiful subdivision as other people have mentioned. There is an obvious difference between Ocean Drive and Edgewater Terrace. Ocean Drive is very busy and Edgewater Terrace is very quiet and the ambiance has remained. There is a mistake on the map, the "A-2" zoning is no longer there. It has been rezoned to single family dwellings iam It would be nice to have something on the lot other than trash, which is what is there now. I am icadv to see the lot developed. Some of the arguments are valid, most are not. From a marketing point of view . the "A-2" zoning on the water side did not ever take. Judith Sutherland, 229 Country Club Drive, Professor at Texas A&M University — Corpus hristi, stated that she purchased her home two years ago in order to live in this neighborhood. This area of Corpus Christi is one of the oldest and most represented. The development here began in the 1920's and many of the homes were moved from other areas. There are very few areas in the city that have such undisturbed beauty. The development on Edgewater Terrace would increase traffic down Edgewater, I, van wood and Ocean Drive I am in the process of researching and validating the history of my home. Wath the information that I currently have, it appears to have been the plantation of Walter Elmer Pope. He >a as a very influential lawyer and statesman senator who worked very hard for the City of Corpus 'hnsti. He was instrumental in the development of the Port, Bay and other projects. It was moved to the !ut by Ted Anderson's father. H.Q. Anderson when he purchased it from Mr. Pope. It is imperative that this area remain a reflection of the era within which Mr. Pope lived and worked. He died of a stroke in 1944 With this in mind, I implore that you present the violation of this historical area by excessive traffic and the outcomes of that problem such as the historical attributes of the area and its roads. Robert Benson, 6025 Idlewood, stated that the proposed development is one of the ugliest developments that he has seen in a long time. As you vote, please consider if you would like this development in your neighborhood. Willie Cosca, 6017 Ocean Drive, stated that up until last year, people living across the street were g]]ven discounts of their property evaluations due to the location and due to the traffic. This just adds to the traffic problem. Sherry Gilliland, 100 Country Club Drive, stated that she walked around the neighborhood and started the actual petition. She also stated that she would like to have everyone stand that signed the petition. Candy Skelton, 6046 Edgewater Terrace, stated that she resides at the property behind the subject property. Ms. Skelton stated that she would like to reinforce that at the end of Ocean Drive there are single family dwellings and we do have the rural setting of the neighborhood. We would very much appreciate the Commission's support in keeping the zoning as "R -1A". Public hearing was closed In response to Commissioner Pusley's question of traffic counts, Ms. Holly stated that there would be 13,210 east bound and 20,490 west bound on Ocean Drive which is a four lane section. On Alameda Street there are 6,080 trips. The higher the traffic volume is, the less attractive it is for detached single family. The subject property has been vacant for thirty years or more. In response to Commissioner Salazar's comment, Ms. Holly indicated that the map is accurate and that the property northeast is zoned an "A-2" District. "A-2" District is a multi -family residential di,tnct, but owners can build single family homes within that district. ' .ani ., ng Commission Minutes ase No. 0605-01 (Temei Properties) I'uc to the higher traffic, Staff is recommending a zoning change on the subject property. It was a seasonable transition from the business usage to the east. Mrs. Temente stated that there is no information on the open roadway design. The road is under construction by the highway department. We will take over that right-of-way once the city turns over that rtght-of-way. It would need to be done in conjunction with the highway department. In response to Commissioner Salazar's question, Mr. Gunning stated that a single family dwelling an he built at the height of 35 feet. The single family detached residential districts "R -1A" and "R -1B" 1)isti ict can have a 35 foot maximum height with three stories. The "R-2" District's maximum height is s feet not to exceed three stories. What the applicant has proposed is not to exceed the height of 39 feet. Commissioner Smith stated that the presentations have been effective. He also stated that this development which would be a tremendous asset to the community. Commissioner Smith indicated that he understood where all the neighborhood is coming from. It is a complex issue because of the quality of the development. Mrs. Holly stated that if the Planning Commission and City Council were to grant an "R-2" District, the applicant could increase the number of units to fourteen rather than seven on the existing tour Mr. Turner and the Planning Commission may want to consider changing the zoning to a Planned (nit Development -2 (PUD -2) recommendation and tie it to plans that the applicant has developed. It ieould limit the applicant to the height, the number of units and the form of development. It is something that may make the Planning Commission and the residents more comfortable. In response to Commissioner Mims's questions, Ms. Holly stated that the only access would be to Ocean Drive. Traffic would consist of approximately 40 trips for four houses and 56 trips for seven town homes All trips would exit onto Ocean Drive and not the surrounding neighborhood. Mr. Turner stated that the height of the development would be 39 feet. In response to Commissioner Mims's question, Mrs. Teniente stated that Texas Department of Transportation's planned improvements on Ocean Drive extend just beyond the limits of the subject site. The entire project is along the limits of the current projects improvements. Ms. Holly stated that the project should not make drainage any worse. Under today's development scenario, they should be managing the water that is caused by the development. Mr. Turner has suggested that he would go beyond that and assist with some of the historic drainage problems. That would be part of the plat which has not yet been submitted. In response to Commissioner Zamora's question regarding the drainage situation, Ms. Holly stated that if the proposed development is approved as a PUD -2, the drainage can be enforced. Mr. Holly also stated that an "R-2" District would allow fourteen units to the acre and 45 feet maximum height as a matter of right. In response to Commissioner Salazar's question, Mr. Turner stated that he would consider a PUD -2 limiting him to seven units per acre. Commissioner Salazar stated that if the Planning Commission were to recommend the Planned ('nit Development -2, Mr. Turner would need a 7-2 vote in favor from the City Council since there is 38% opposition to zoning. Commission Minutes as, No 0605-01 (Temet Proper(les) Commissioner Mims stated that Mr. Turner and Staff have proposed a PUD -2 with specific heights, units and other specifications. That eliminates the applicant from being able to create fourteen arms. It will also limit the applicant's access to Ocean Drive not affecting the surrounding neighborhood. Public hearing was opened. In response to Commissioner Pusley's question on tabling the case, Ms. Holly stated that the oning case could be tabled due to the fact that the language is not yet formulated for the PUD -2. Ms. Rol ly also indicated that she would he comfortable tabling this particular case so that specifications could •te drafted. Pam McDowel, 6026 Evanwood, stated that the plans are irrelevant. The project is targeted to the more wealthy, retiree who may need an elevator in some point in time. Ocean Drive is fast and will stay ast because there will be no speed bumps in place. To expect elderly, retiree people that need elevators, 1,, safely leave that unit on Ocean Drive would be extremely hard for them to do. Colleen Thomas, 5909 Edgewater, with what Texas Department of Transportation has provided, them are not 4 lots there are only three lots. The second clarification would be that according to the map provided, there is no way to make a left turn from the proposed development to Ocean Drive. The third clarification is that the height issue would still be considered a problem with any fly away objects. The wind can be very strong. There cannot be anything that can easily blow off. Constantine Tsaousis, according to the dimensions or the diagram he has, lot 11 has 15 feet and 11 feet. This is not a buildable site; it is just the easement. We are bombarded here with technicalities that we characterize and distinguish as not a real lot, so in essence we give the developer the opportunity n add more units. From the three units there is an increase to four and that will allow him to go to 'ourteen units instead of seven. Mr. Gunning stated that essentially it is one dwelling unit per lot under the current zoning of 'R -1A" District. If it is three conforming lots, then three single family dwellings would be permitted. the applicant would be allowed fourteen units per acre in the "R-2" District regardless if it is three or tour lots. It is based on a total gross area. Candy Skelton, 6046 Edgewater stated that the proposed development is near the university. There are student drivers there that are not as apt to slow down. Mr. Gunning stated that the "R-113" District is a One -family Dwelling District that requires a minimum lot size of 6,000 square feet. It is very similar to an "R -1A". Public hearing was closed. Motion was made by Commissioner Zamora, seconded by Commissioner Salazar to table until June 15"' hearing. The motion passed unanimously with Chaimran Berlanga and Vice Chairman Stone being absent. ?1.r' DIR'.SI IARP,DGaiP.W)RD.AGENDM FSI2005'Augustl0605-01Minutes Fxeerpt doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — June 29, 2005 a. Case No. 0605-01 TEMET Properties: "R -IA" One -family Dwelling District to a "R-2" Multiple Dwelling District Edgewater Terrace. Block 4, Lots 8, 9. 10 and 11, located along the southwest comers of Ocean Drive, South Alameda Drive and Edgewater Drive. Ms. Holly provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Ms. Holly stated that the subject property is located on Ocean Drive and South Alameda Street. Ms Holly displayed graphics of the proposed development and explained the general concept, including density, access and neighborhood compatibility. She explained that traditional density is usually 2 to 8 'nils to the acre. Ms. Holly stated that Mr. Turner is providing a three story town house development with the base floor containing an elevator, garage, as well as bedrooms, a study and bathrooms. On the ,iecond level there will be a kitchen dining and living room. Located on the third floor will be a balcony, master bedroom and an office. Some units will have a roof elevation that will allow tenants to have a hot tub with a view of the ocean. Staff recommends approval due to the fact that the applicant would like to provide only seven units and only one drive -way. Otherwise, the applicant would have developed four single family homes with 3 to 4 drive -ways. Townhouses are a single family form of ownership. The traffic is very comparable from the 40 trips you would have from the four single family homes to the 56 trips from the townhomes. Staff has been informed by Texas Department of Transportation that there will he no access point allowed off Alameda Street due to merging traffic. There is currently 38% opposition to this development. It will be a high quality residential development, and a single family home product that is very similar to the density that you would expect to see in a "R -IA" District. Jack Rice Turner, 5525 S. Staples, stated that the closest unit would be 28 feet from the back property line and the three story townhome would be approximately 50 feet from the property line. The farthest townhome from the property line was 82 feet. There will be lots of room in the rear of the property, creating space between the subdivision and the development. The three story buildings will Ira vc garden arrangements on the top level. The selling point for these units will be capitalizing on the partial view of the hay. The PUD building height would be limited to 39 feet. The next door neighbors peak roof is approximately 34 or 35 feet. The entry point is set back from the main Ocean Drive area so there is no stacking problem. There will also be an aluminum, see through security fence that will be around the whole perimeter. The back area fencing will be a solid wall. The neighbors are invited to participate with the developer in picking out the materials for the fences so that it may blend in with back and side yards. Texas Department of Transportation has stated that they no longer have jurisdiction of the right-of-way near the subject property and Edgewater Drive. The property now falls under the rules and egulations of the City of Corpus Christi. There are no future plans to open Edgewater drive to Ennis Joslin Road. The will be no entrance from Alameda Road and fire trucks have enough room to tum around within the 24 foot rear portion of the subject property. The Fire Department will be able to service any one of the seven units along with the driveways to the units themselves. There are no intentions of attempting to enter Edgewater Drive as stated in the site plans and PUD specifications. Mr. Turner ndtcated he had sent a letter to the property owners of Edgewater subdivision to inform them of the changes to the proposed development that were accommodated to meet their needs. It was originally anticipated by the neighborhood that low cost apartment for students was to be built, that was never the intention The zoning ordinance states that 14 units can be built on the subject property under an "R-2" District. "I"he developer decided to go first class and build seven units with a very unique, three story, including elevators. garden roof top building. One exit on Ocean Drive is better than having four separate family exits particularly on the curve. The exit is as far away from the curved area as can be. ='.ammng Commission Minutes ase No. 0605-01 (Tercet Properties) :no 2 This is an Ocean Drive project oriented towards the bay and Ocean Drive. A sidewalk and fountain area will be included. There will be no windows on the side of this project towards the west or ute neighbors. The developers would like to have an attractive wall to separate the subject property and 'he neighborhood and provide security. In response to Chairman Berlanga's question of the distance between the six foot masonry fence and the neighbor. Mr Turner stated that there are two neighbors that are adjacent. One has a side and hack yard that would face that fence, the other has a back yard with a high boat barn. From the first lot it mild be approximately 30 feet which is closest to Ennis Joslin, for the second lot it would be five to ten Leet from the boat Karn to the fence line. In response to Commissioner Mims' question of windows facing the neighborhood, Mr. Turner Mated that the units will have glass blocks from the master bath and the other window will be a view from the kitchen area on the second floor. The back area will receive southwest sun with light coming into the large two story living rooms. Sam Susser, 3835 Ocean Drive, stated that his company owns the Circle K stores. Mr. Susser Mated that he is directly across the street and is very much in favor of this project due to the fact that there 14 something that is needed in the entrance to Texas A&M University. Helen Pope, 6041 Ocean Drive, stated that she resides two lots away from the project. Ms. Pope also stated that she is in favor of the project. It would be a delightful addition to Ocean Drive. There is much respect for Jack Rice Turner and he will do a superb job. Mohammad Motaki, 6049 Ocean Drive, stated that he resides right next door from the proposed project. He was in opposition to the project from the beginning and wanted reassurance that the proposed p; oject was not going to be student housing. There was a meeting that was held with four neighbors in Mr. T'urner's office on Friday, June 24, 2005 at 4:30 pm. All proposed changes were made to conform to the neighbors needs. However, not all the neighbors have had the opportunity to see the changes that have been made and so they are requesting a tabling of the zoning case to have that opportunity. The changes that Mr. Turner has made are good but there is still some opposition. Mr. Turner stated that he would like to know if everything would be able to be set in the PUD ilium! with the rules and regulations of the project. He also stated that his clients would like to proceed to the next stage. In response to Mr. Turner's statement, Ms. Holly indicated that if the Planning Commission approved the zoning change, it can be approved with the conditions Staff has recommended or additional conditions the Commission wants added. In response to Commissioner Pusley's question, Mr. Motabbi indicated that all the conditions stated would make him comfortable with the project. He is wanting everything in writing in a deed restriction so that it would not affect his children and the livelihood of the neighborhood. Commissioner Puslev stated that the language should indicate that the project will not become group homes. Chairman Berlanga stated that the majority of the neighbors concerns have been addressed. The C , nnmission's primary purpose is to protect neighborhoods from encroachment and commercial e,tabI !shments. The Chairman will allow three people from the neighborhood in opposition to state their ' dim ng commission Minutes tie No 061)5-01 (TIME' ' Properties) hairman Berlanga also stated that he would like to hear the different concerns but advised that he would prefer that the spokesman not repeat the concerns. The individuals speaking on behalf of the neighborhood should be able to address all concerns. Valerie Goodwin, 5926 Rio Vista Avenue, stated that the four parcels that are being proposed for he subject property. one corner lot is not large enough for a home. The Planning Commission needs to ..onsider the safety issue associated with this development. Ms. Goodwin also indicated that in her opinion that there is no yield sign at the end of the road where construction is currently taking place and that is a great cause of concern. With no yield sign, it will be a continuous running street with a speed of' of 40 miles per hour. Since it will be a right egress and ingress, the people that will reside in this proposed development that want to go downtown will need to make a right on the driveway, go around the corner, come up Ebonwood Drive and exit through Country Club Drive. It will increase the circulation through the neighborhood. In my opinion Texas Department of Transportation and the City of orpus Christi should purchase the land and leave it as green space because as you go around the corner at a high rate of speed, there will he fencing and planting that will impair the line of sight and increase the danger. It is not suitable for residential development. In response to Chairman Berlanga's question of the value of the subject property, Ms. Goodwin stated that there was a Supreme Court decision last week that stated cities could take parcels for public good. She also stated that she was not prepared to debate that issue but to just speak of the safety hazard the proposed development would bring to the neighborhood. In response to Commissioner Pusley's question of the difference between having three driveways Instead of just one, Ms. Goodwin stated that she is not a safety engineer, but did not think the Texas Department of Transportation wanted any drive -ways built on the curve due to its danger. Ms. Goodwin stated that anytime someone purchases anything, there is no god given right to make a profit and she does not begrudge anyone a profit or a loss on their business. As an employee of the 1 Inited States Department of Trustee, people always come in with a great business plan that does not s. ork out for one reason or another. It is not the position of the neighborhood to guarantee someone profit on a piece of property because they purchased it. Chairman Berlanga stated that anytime anyone purchases anything, they are looking to do something with it to better themselves without looking to lose money. Ms. Holly indicated that there will be a merge on the right turn with Ennis Joslin Road due to the two roads coming together. On the earlier maps, it is noted as Alameda which is also Spur 3. The lot that ts being noted as a small lot is not as small as the county map shows. It appears to be a developable piece of property. In response to Commissioner Mims question of the location of the yield sign, Ms. Holly indicated that the main road would be Ennis Joslin Road and the right lane would need to yield to the main lanes of 'rafti c. In response to Commissioner Pusley's question of the Texas Department of Transportation's concern of having an egress, ingress development on the Spur 3, Ms. Holly stated that the edge of the cul- de-sac was not going to connect to the Ennis Joslin Road or Spur 3. 7anring Commission Minutes ase No 0605_01 ITEMET Properties) In response to Commissioner Zamora's question of using the smaller lot to front onto the curve, Ms- Holly stated that the drive -way would be questionable but it also meets the requirements of a levclopable lot. The emergency exit has been eliminated from the plans. Craig Skelton, 6046 Edgewater Drive, stated that he submitted the request to have the zoning case Li bled for two weeks due to the lack of communication from the developer. Four of the neighbors were able to meet with the developer on the Friday before the Planning Commission meeting was to be held but the rest of the neighborhood has had no input on the matter of the development. In response to Chairman Berlanga's question of other concerns regarding the development, Mr. Skelton stated that one of the main concerns was the emergency exit to Ennis Joslin Road which has now been eliminated. There are still many other concerns such as character and preservation of the neighborhood. As per the zoning ordinance, the change does not maintain the character of the neighborhood. The intrinsic value of the property will decrease, and it will be harder for the property to ell The issue of drainage has not yet been addressed since the first meeting was held. The developer is planning to place a brick wall that will cause the drainage of the ditch to overflow instead of flowing out to Ocean Drive. The reason it does not overflow now is due to the three foot drop that is currently there. Mr. Skelton stated that he resides on a hill on Edgewater Drive so he does not have drainage problem but it he' residing neighbors do. In response to Chairman Berlanga's question regarding drainage, Ms. Holly stated that Mr. Turner has agreed to do and what is required by the city codes, and that if there are historic flows coming ,mto the property when it is platted the developer is required to manage and maintain that flow. The drainage issue is a function of the platting ordinance not the zoning ordinance. The drainage issue would benefit the neighborhood due to the fact that the developer would need to accommodate the historic flow. In response to Chairman Berlanga's question, Mr. Skelton stated that the drainage issue is one of the concerns for the neighborhood despite the fact that it is discussed during the platting ordinance and :lot the zoning ordinance. He also indicated that the subject property is zoned for multi -family residential, 1 is still one building with lots of families residing there. The real concern with the neighborhood is the tlict that this began so late without any input, the developer made their decision without contacting the neighbors who reside in the neighborhood. At the last Planning Commission hearing, it was tabled so that the developer could meet with the neighborhood which was never attempted. There are many of the neighbors that are not present and that would like to attend but cannot due to vacation schedules. Chairman Berlanga stated that it would be in the best interest of the developer to meet with the neighborhood and attempt to convince them that the project will benefit the neighborhood. There have been many situations arise where the safety issue is brought to the floor and neighbors discuss 11-. formation regarding environmental protection when it is not based on facts but on emotions. In response to Chairman Berlanga's statement, Mr. Skelton stated that the neighborhood's primary concern was the developer did not meet with the opposition and it should have been done after the first meeting. This case was tabled for that specific purpose. If the developer is wanting the neighborhood to agree on a PUD, it should be agreed upon before it goes to City Council. There has been no input from the neighborhood until after the PUD was agreed upon between the developer and City 1aff In response to Chairman Berlanga's question of a change to the PUD, Ms. Holly stated that a change in the conditions in the proposed PUD can be made by Planning Commission. 'lmn an❑ Commission Minutes asu No 0005-01 l TEN1 ET Properties) 1,0i 5 Mr. Turner stated that he would be glad to meet with the neighborhood and would like to proceed kith the project as an incentive to do the very best. A meeting between the developer and the neighborhood was set for Tuesday, July 5, 2005 at 5:00 pm on the 6d' floor at City Hall. Armando Avalos, 6049 Edgewater Drive, stated that the area is zoned as single family residential and the developer is requesting to change that which will open the doors for other future developers to develop non -residentially on other lots near and about Edgewater Drive and Ocean Drive. He stated that he would also concur with Mr. Skelton regarding the drainage issue. Two new properties have been added on lots 6 and 7. Since then there has been an increase with drainage problems. As the owner of lot 7, !4 of this property has had approximately 6 inches of water during a downpour. It will drain off veutually but it usually takes about 2 days for that to happen. Chairman Berlanga stated that there was an equal amount heard from the opposition and the developer. A meeting has been set so that the developer and the neighborhood can discuss points of view. Upon the denial or approval of Planning Commission, the application will proceed to City Council within 45 days. What is being addressed here today are those four lots and only those four lots and not the :on mg on any other lot. Public hearing was closed. In response to Commissioner Pusley's question of a modification to the PUD, Ms. Holly stated that the PUD could be modified and that the idea is that it is going to get stricter. The concerns that have already been submitted to Mr. Turner have been included into the staff recommendation. The one thing that is new is a condition to exclude student housing. Staff would need to be sure that they would be following all federal rules. It could be incorporated into deed restrictions within the zoning ordinance provided State and Federal laws are not violated. Motion by Commissioner Pusley, seconded by Commissioner Mims to approve staff recommendation including deed restrictions for all recommended conditions listed and no student housing. Motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. Meeting was adjourned for five minutes. 'A'LN-DIR\SHAREDAGaiIAWORDAGEN DMFM'2005AAugustV0605-01 .2Minutcs Excerpt.doc Meeting Minutes Zoning Case No. 0605-01 TEMET Properties and Edgewater Terrace Property Owners July 5, 2005 6th Floor Conference Room at City Hall Attendance: The Applicant's Representatives Jack Rice Turner and Assistant Edgewater Terrace Residents — 22 (see attached sign -in list) Staff: Barbara Bailey Holly, Director of Development Services Michael N. Gunning, Assistant Director of Development Services Robert E. Payne, Senior Planner the purpose of this meeting was for the applicant's representatives to meet with the neighborhood and resolve development issues prior to the public hearing at City Council. Staff's role was primarily to provide a meeting place, observe and collect information. The architect responded to a number of questions from the residents as follows: General Comments/Concerns/Responses Access • Jack R. Turner reviewed stipulations and further explained that there will be one access point to Ocean Drive, with no access to Edgewater Drive. He elaborated on how/where travel will go north and south on Ocean Drive. • Residents indicated that the developer is trying to put seven (7) units on property that should only allow three (3) houses. The neighborhood contention is that the partial 4th lot is not developable. Note: (The lot is developable). The architect indicated that five lots could be platted on this property per the zoning. • Residents stated that increased density was the problem. • City will add language to insure that Edgewater Drive will not reopen. • Architect indicated the Edgewater Terrace is not going to be opened onto Alameda nor would development have access to Edgewater Terrace. Traffic • Residents expressed concerns over potential traffic increases in the neighborhood. • Staff made the point that Ocean Drive has over 30,000 average daily trips, which is enough traffic to make the site attractive to commercial developers. • Safety issues due to increased traffic. EVIEI Properties Meeting Note, - Ju h 5. 201 'as. No 0605-01 "Th 2 Tra%fie (Continued) • Asked applicant to look at ways to reduce cut -through traffic. Density Views • A property owner indicated that 20 years ago before he bought a lot, he verified that the zoning was single-family. Otherwise, he would not have bought it. • Resident wants three (3) good neighbors, not seven (7). • Mr. Turner, Architect for the applicant, indicated each unit will be 3,000 square feet, with the first floor containing 1,300 sq. ft., including a 450 square foot and living area of 900 square feet. • Inquiry was made regarding who compensates the owner's Lots 12 and 13 because of height of townhomes (39') and six foot screening wall backing up to their lots. • One resident indicated that a building height of three (3) stories and large wall at the back of subject properties would be a problem. Neighborhood Consistency • Objections were raised for the use of the property for multi -family purposes that are not consistent with the rest of the neighborhood. The precedence for this type of zoning could result in making the property more acceptable for commercial rezoning. • Resident questioned the market for attached single family development with a price tag that is not comparable to the rest of neighborhood. The residents suggest that the single-family units would more likely sell for $150,000 per unit rather than the $600,000 price mentioned by the Architect. • Resident stated that there are no townhomes from Airline Drive to Alameda and that this multi -family development pattern does not fit the neighborhood. • Residents indicate that Edgewater Terrace Subdivision includes two lots that front on Ocean Drive and Edgewater Terrace Street. • Resident suggested a restriction on use of the property for student housing. Staff responded that they would need to check the legality of such a restriction. In concept, it is acceptable provided no State or Federal laws are violated. A restriction to only allow owner occupied units was suggested as an alternative. LA E J Properties Meeting Note July i, 10-1 ❑s/ No. 0h05-01 Future Steps • Questions concerning the next steps after zoning. Staff indicated that typically developers/owners pre -sell units before ever committing to construction. If they cannot get commitments, project would fail and PUD would expire after one year unless City Council approves a two year time period. A two time period is being recommended by Staff and Planning Commission. • A resident asked if the property owner could buy an adjacent lot and expand the project Staff indicated that the applicant would have to go through the rezoning process, including notification of surrounding property owners. • Staff indicated that several restrictions to the PUD would be added as follows: No access to Edgewater Terrace by eliminating the gate to Edgewater Terrace; Place dimensions on site plan indicating distance between the rear property line and proposed building; and Staff will explore placing a restriction on use of the property for student housing and/or requiring owner occupancy. Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TEMET PROPERTIES BY CHANGING THE ZONING MAP IN REFERENCE TO EDGEWATER TERRACE, BLOCK 4, LOTS 8, 9, 10 AND 11, FROM "R -1A" ONE -FAMILY DWELLING DISTRICT TO "R-1A"/PUD-2 ONE -FAMILY DWELLING DISTRICT WITH A PLANNED UNIT DEVELOPMENT — 2, SUBJECT TO A SITE PLAN AND NINE (9) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of TEMET Properties for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 1, 2005 and June 29, 2005 during a meeting of the Planning Commission, and on Tuesday, September 13, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Edgewater Terrace, Block 4, Lots 8, 9, 10 and 11, located along the southwest corner of Ocean Drive, South Alameda Street and Edgewater Drive from "R -1A" One -family Dwelling District to "R-1A"/PUD-2 One -family Dwelling District with a Planned Unit Development -2, as shown on the attached Exhibit. (Map 039037) SECTION 2. That the Planned Unit Development -2 granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following nine (9) conditions: 1. Permitted Use: The only use allowed for the subject property other than the uses permitted by right in the "R -1A" District is seven (7) single-family townhomes. 2. Building Height of Use: The townhomes shall not exceed three (3) stories and thirty-nine (39') feet in height. Page 2 of 4 3. Frontvard/Building Setback Line: The building line setback on the front of each unit shall not be Tess than twenty (20) feet from the property line. Buildings are allowed to slide forward along the property, but shall not extend beyond the 20' frontyard/building setback line. 4. Rear Setback: Minimum setback from the rear property line based on site plan and ranges from 28'7" to 66'2". 5. Side Setback: Along the west property line a minimum setback of 33'3" shall be maintained. 6. Fencing: A minimum six (6) foot solid masonry fence shall be constructed along the south and west property lines as depicted on the site plan. Fencing along the west property line shall be prohibited within the front twenty (20) feet. 7. Streets: Streets within the development shall not be less than twenty-four (24') feet in width and shall be designated as private streets. 8. Access: An ingress and egress driveway for the subject property shall only be provided along Ocean Drive. No driveway for the subject property shall be allowed along South Alameda Street or Edgewater Drive. 9. Time Limit: Construction of the townhomes shall commence within two (2) years from the approved ordinance date of the PUD -2 development and shall be completed within five (5) years from the approved ordinance date of the PUD -2. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 6. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication 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. Page 3 of 4 SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of September, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 4 , R 2005 Joseph Haney Assistant City Attorney For City Attorney Henry Garrett Mayor, The City of Corpus Christi Page 4of4 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 Jerry Garcia John E. Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott •fit ik tlr ci OCEAN DRIVE TOW/V!-i O MES CORPUS CHRISTI, TX TURNER HICKEY & ASSOCIATES, INC. 0.AveM ♦u x •rrcm uw meal r r r -w.u. - 1 37 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 8/23/05) Case No. 0605-07-Nueces Real Estate Partnership, L.P.: A change of zoning from a "R -1B" One -family Dwelling District (minimum 6,000 square foot lots) to a "R -1C" One -family Dwelling District (minimum 4,500 square foot lots). The property is 55.73 acres out of Bohemia Colony Lands, 1 .t 3. Section 8. located gest of Kostoryz Road and (ialvan Elementary School. Planning Commission and Staff's Recommendation (6/29/05): Approval of a "R -1C" One -family Dwelling District Requested Council Action: Approval of the "R -1C' One -family Dwelling District and an adoption of the attached ordinance. Purpose of Request: Development of a 342 lot single-family subdivision with minimum lot size of 1.500 square feet Summary: • Ile applicant is requesting a change of zoning to "R -1C" One -family Dwelling in order to develop a 342 lot, single-family subdivision on 55.730 acres, with a minimum allowable lot size of 4,500 square feet and a maximum density of 9.68 dwelling units per acre. The existing "R -1B" zoning permits a minimum lot size of 6,000 square feet and a maximum density of 7.26 dwelling units per acre. • This single-family development is projected to ultimately demand 119,700 gallons of water per day .vith a solid waste demand of 3,044 lbs. daily. • [raffle generation for the 342 lot single-family development on the subject property is projected to be ,420 average daily trips Access will be provided via Masterson Drive and White Bird Drive (40' wide urban collector streets) to Kostoryz Road (a fully improved urban arterial street with four travel lanes and a continuous left turn lane). Kostoryz Road can accommodate the proposed average daily trips without impeding traffic. rhe subject property is within an area that is identified to develop as low density residential development, per the Southside .Area Development Plan. Recommendation: Approval of the "R -I C" One -family Dwelling District. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 78 notices mailed to the surrounding property owners, one was returned in favor and five returned in opposition. Of 76 total signatures on petition submitted, 43 represented properties within the 200 foot notification area and 16 represented properties outside the notification area. Approximately I percent of the property owners within the notification area are opposed to the rezoning. The 20% rule is not invoked. This case is considered controversial. genda Memorandum 'ast No. 0605-07 (Nueces Real Estate Partnership. L P ) Dant 2 Michael N. Gunning, AICP Assistant Director of Development Seryices M( dFGM/gp Attachments: Zoning Report Planning Commission Minutes Ordinance 49PE N-DIR\SHARED \Gull\WORD\ADEN DM I_M\2005\August\06o5-07AGENDAMEMO.doc ZONING REPORT Case No.: 0605-07 Planning Commission Hearing Date: June 29, 2005 ,2S a Applicant: Nueces Real Estate Partnership L.P. Owner: Same as applicant un. Agent: Urban Engineering - Dan Urban a „°'j ca Legal Description/Location: Being 55.730 acres out of Bohemia Colony Lands, Section 8, Lot C 3, located west of Kostoryz Road and north of Saratoga Boulevard and adjacent to Galvan Elementary School. Zoning Request From: "R -IB" One -family Dwelling District with minimum lot size of 6,000 square feet. To: "R -I C" One -family Dwelling District with minimum lot size of 4,500 square feet. Area: 55.730 acres Purpose of Request: Development of a 342 lot single-family subdivision with minimum lot size of 4,500 square feet. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "R -IB" One -family Dwelling District (6,000 sq. ft. min. lots) Undeveloped land Low Density Residential North "R -IB" One -family Dwelling District (6,000 sq. ft. min. lots) Low Density Residential Low Density Residential South 'R -1B" One -family Dwelling District and "A-2" Apartment House District (6,000 sq. ft. min. lots) Vacant, Bishop Garriga Middle Catholic School and Medium -density Residential Medium -density Residential and Public/Semi-Public East "R -1B" One -family Dwelling District (6.000 sq. ft. min. lots) Undeveloped land and Galvan Elementary School Low Density Residential West "R -1C" One -family Dwelling District (4,500 sq. ft. min. lots) Low Density Residential Low Density Residential oning Report ase No 0605-07 (Nueces Real Estate Partnership, L Page 2 Area Development Plan: Southside -- The future land use map recommends the subject property develop as low density residential. Map No.: 048036 Zoning Violations: None E E 1) n The applicant is requesting a change of zoning to "R -IC" One -family Dwelling in order to develop a 342 lot, single-family subdivision on 55.730 acres, with a minimum allowable lot size of 4,500 square feet and a maximum density of 9.68 dwelling units per acre. The existing "R -1B" zoning permits a minimum lot size of 6,000 square feet and a maximum density of 7.26 dwelling units per acre. This single-family development is projected to ultimately demand 119,700 gallons of water per day with a solid waste demand of 3,044 lbs. daily. • Traffic generation for the 342 lot single-family development on the subject property is projected to be 3,420 average daily trips. Access will be provided via Masterson Drive 5) aLu yr ,,,R. 1JllU 111 IlC tYV W IUC UI UdLI GUIIGCIVI) LO FFOswryz Koau to rutty tmprovea urban arterial street with four travel lanes and a continuous left turn lane). Kostoryz Road can accommodate the proposed average daily trips without impeding traffic. • The subject property is within an area that is identified to develop as low density residential develoement, ler the Southside Area Develo.ment Plan. Street R.O.W. Street Type Paved Section Volume (2001) Kostoryz Road Urban Arterial Recently constructed to ultimate planned roadway of 95' ROW w/62' wide paved section. a.d.t. 7,190 (2001) Masterson Drive and White Bird DriveBk. Urban Collectors 60' R.O.W. w/40' Bk. to paved section. Not available Plat Status None. Department Comments This proposed low density residential development is consistent with the Comprehensive Plan and its minimum lot size of 4,500 square feet is comparable to the large existing subdivision to the west across Richter Ditch and to the existing zoning east of Kostoryz Road. This smaller lot development will allow more affordable housing in close proximity to the Galvan Elementary School. ;1 VPI N-DIRvSHAREDAGaiIAWORDAZONRPTS\2005VuneA0605-07Report-Ret...doc .,hning Report < -e No 1605-07 ,Nueces Real Estate Partnership. t. P t'a_e 2 Area Development Plan: Southside — The future land use map recommends the subject property develop as low density residential. Map No.: 048036 Zoning Violations: None S=' 4 FLE E tr The applicant is requesting a change of zoning to "R -1C" One -family Dwelling in order to develop a 342 lot. single-family subdivision on 55.730 acres, with a minimum alloyvable lot size of 4,500 square feet and a maximum density of 9.68 dwelling units per acre. The existing "R-113" zoning permits a minimum lot size of 6,000 square feet and a maximum density of 7.26 dwelling units per acre. This single-family development is projected to ultimately demand 119,700 gallons of water per day with a solid waste demand of 3,044 lbs. daily. Traffic generation for the 342 lot single-family development on the subject property is projected to be 3,420 average daily trips. Access will be provided via Masterson Drive and White Bird Drive (40 ` wide urban collector) to Kostoryz Road (a fully improved urban arterial street with four travel lanes and a continuous left turn lane). Kostoryz Road can accommodate the proposed average daily trips without impeding traffic. The subject property is within an area that is identified to develop as low density residential development, per the Southside Area Development Plan. Street Type Kostoryz Road Urban Arterial Masterson Drive and White Bird Drive None. Urban Collectors Paved Section Recently constructed to ultimate planned roadway of 95' ROW w/62' wide paved section. 60' R.O.W. w/40' Bk. to Bk. paved section. Volume (2001) a.d.t. 7,190 (2001) Not available This proposed low density residential development is consistent with the Comprehensive Plan and its minimum lot size of 4,500 square feet is comparable to the large existing subdivision to the west across Richter Ditch and to the existing zoning east of Kostoryz Road. This smaller lot development will allow more affordable housing in close proximity to the Galvan Elementary School. H 1'i_N-DIR\SHARED,Gaif•WORDAZONRPTS\270115AJuneA0605-07Report-Rev..doc ,nii.g Report ,sc No 06115-0' 1Nueces Real Estate Pa,tnersh ip, L P Lgt ea i Recommendation Approval c h c E E o Recommendation The Planning Commission at its June 15, 2005 meeting tabled the application for two weeks (until June 29, 2005) to allow the applicant to meet with the adjacent neighborhood residents to better inform them of the specifics of the proposed development. z C E •d E Number of Notices Mailed 79 Favor 0 Opposition 5 mailed in notices. In addition, a petition opposing the rezoning was received by the Planning Commission at its June 15, 2005 meeting. Of the 76 total signatures on the petition, 43 represented properties within the 200 foot notification area and 16 represented properties outside the notification area. Approximately 16 percent of the property owners within the notification area are opposed to the rezoning. (As of June 23, 2005) Attachment: Zoning Map 'I PIN-DIR\SIIAREDAGaiI WORDAZONRPTSt2005`JuneV0605-07Report-Rev_doc F -R arm Ruraloieldcl RE Residential Estate District RA One 1 amily Dwelling District R -1A One family Dwelling District R•1q One Gamily Dwelling Dist ict One Family Dwelling District CJaise 22QSQ C. J R.TH lownnousn Dwellmy District R-2 Multiple Dwenme District TAA Travel Trailer Park District T-10 Manulauurey Home Park District T -1C Manulacw ed Home Subdivlslon District 4-1 Apartment House District A-14 Apsrtmam House District A.2 Apartment House mslrtn AT Apartment -Tourist District AB Professional DNice District B-1 Neighborhood Business District 13-1A Neighbor11o00 Business District B -2A Barrier Island Business District 13.2 Baytront Business District BD Corpus Christi B.ace Design District 13.3 Business District B-4 General Business District 8-5 Primary Business District 134 Primary Business Core District I-1 Limited Industrial District Notice Map -2 Light industrial District IJ Heavy Industrial District SP Special Permit PUO Planned Unit Development HC Hlslorical{vllural Landmark Preservation NORTH 0 250 500 Feet MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — June 15, 2005 e. Case No. 0605-07 Nueces Real Estate Partnership, L.P.: "R -IB" One -family Dwelling District (minimum 6,000 square foot lots) to an "R -IC" One -family Dwelling District (minimum 4,500 square foot lots) Being 5573 acres out of Bohemia Colony Lands, Lot 3, Section 8, located west of Kostoryz Road and lalvan Elementary School. Request: Change of zoning from "R -1B" One -family Dwelling District with minimum lot size of 6,000 square feet to "R -1C" One -family Dwelling District with minimum lot size of 4,500 square feet. Excerpts from Zoning Report Legal Description/Location: being 55.730 acres out of Bohemia Colony Lands, Section 8, Lot 3, located west ofKostoryz Road and north of Saratoga Boulevard and adjacent to Galvan Elementary School Purpose of Request: Development of a 342 lot single family subdivision with minimum lot size of 4,500 square feet. Area Development Plan: Southside — the future land use map recommends the subject property develop as low density residential. Department Comments: This proposed low density residential development is consistent with the Comprehensive Plan. Staff Recommendation: Approval. Mr. Raasch provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Mr. Raasch stated that the applicant is requesting a change of zoning to "R -1C" One -family Dwelling District in order to develop a 342 lot, single-family subdivision on 55.730 acres, with a minimum allowable lot size of 4,500 square feet and a maximum density of 9.68 dwelling units per acre. The existing "R -1B" District zoning permits a minimum lot size of 6,000 square feet and a maximum density of 7.26 dwelling units per acre. The single-family development is projected to ultimately demand 119,700 gallons of water per day with a solid waste demand of 3,044 lbs. daily. The subject property is in agriculture production. The proposed subject property is within an area that is identified to develop as low density residential development, per the Southside Area Development Plan. Staff recommends approval of the zoning change of "R -1C" to permit the smaller lot development. There were 79 notices mailed with none in favor and four returned in opposition. There is also a petition with 74 signatures froin the adjoining neighborhoods. Of the 74 signatures on the petition, 43 represent property owners within the 200 foot notice area. Due to the large acreage involved, the neighbors have achieved 15% of the 20% rule. In response to Commissioner Salazar's question of the basis of downsizing zoning, Mr. Raasch Indicated that the downsize of the zoning change would be to allow for more affordable types of de%elopment, with smaller lots closer to an elementary school to attract young families. The subject property is direct! adjacent to the north part of the neighborhood where the opposition is coming from. inwg 'omrmssion Minutes No. 1605-06 (Nueces Real Estate Partnership, L P The north and the west subdivisions are zoned "R -1B" District with 6,000 square foot minimum size Tots. There are three lots that are zoned "R -1C" District and those are also 6,000 square feet minimum size lots. In response to Commissioner Braselton's question, Ms. Holly stated that to the west, Camargo Diveis developed as a low density residential zoned an "R -1C District and "R-2" District. Public hearing was opened. Oswald() Medellin, 2909 Persimmon, stated that his house is adjacent to the subject property with his backyard on the north side of the parcel. One of the neighborhood concerns are that the definition from "R -1B" District to "R -1C' District, it's more dense zoning. The neighbors in opposition have stated that they would not like to have outsiders come in, purchasing property then moving in a few years to then have to rent the home. Camargo Drive is "R -1C" District, but the people that reside there are also opposing the development due to that fact that they live there and know what it is like. The streets are very narrow and people are parking on the sidewalks and in the yard. We do not want that type of zoning in our area. Another concern is that my daughter is going to attend Galvan Elementary School, and by allowing more people to come into the area, it will only congest the school. Where a class may have 20- 22 pupils per the state maximum, the limit will be pushed if more people are allowed into the area. With affordable housing, the types of people that will come are different from the people that are currently here. That is the main opposition that is heard when 1 walk down the neighborhood. Neighbors are also oncemed that their property values will decrease. As Indicated on the map, Richter Ditch separates one hart of the Crestmont Subdivision from the other. Camargo Street does not have access from the subject property. Anyone would have to cross the ditch, go down Persimmon Street almost to the Ayers Street site to come into the neighborhood for access. The ditch divides "R -IC" District and "R -1B" District. When 1 moved into the area, my wife and I noticed the difference. We chose the area where we are currently located because of the room available. The next street over has access through the alley so there Is not the same problem that more congested areas have. When the rain comes the ditch gets very full and with added development, it will over burden that ditch. The neighbors have seen that first hand. The property value and more children in the schools are some of the main concerns. One of the lesser concerns was the overcrowding in the Camargo Street area. There are currently two new homes that were developed in the last two years that are now back on the market due to the fact the owners did not want to I i ve there. It was not what they wanted. Both homes are beautiful and cannot sell for that they are worth because no one wants to live in an overcrowded area. They literally have no yard. If this proposed cvelopment builds starter homes that start between 1100 and 1200 square feet, they will eventually be it It to renters because of the size. When that does occur, the market value for the other homes will _lecrease. Indicated on the petition are the names of home owners adjacent to the subject property. The ownership of the people that have signed the petition is approximately 20 to 25%. Currently we have I 895% due to the fact that some people are on vacation or others are just renters and don't feel they should have to sign a petition. If this zoning change is approved, these other people will be contacted to stake the 20% rule for City Council. Corpus Christi Independent School District and the Diocese of Corpus Christi are neutral when it comes to issues such as these. The neighbors are not against development; we want to he progressive and stay in kind or get better. We do not want to go backwards for the extra dollar. Roland Barrera, 3137 Elderberry, stated that he resides north of Galvan Elementary and also has another property located at 2616 Camargo Street. Mr. Barrera stated that he against the zoning for many of the same reasons Mr. Medellin has already stated. In the Camargo Street area that runs into Camway Street, it does tend to flood when there are heavy rains. Several of the curbs are turning in as a result of the overflowing waters in the ditches. The storm water drainage is not enough to even support the overflow. The infrastructure to support the area is not available. tl PLN DIRtSI TAREDGail',WORD,A(:f:NDMFM\2005`AugustA0605-07 Minutes Excerpt doe lan,iing Commission Minutes as( No 0605-06 (Nueces Real Estate Partnership. L_ P-) Lae, 3 Jeremy Monty, 6101 Choctaw, stated that he resides at the end of the ditch area adjacent to the iuhiect property. Mr. Monty also stated that it will be the only other way for traffic to come thru beside s t;oulg thru Kostoryz. At this time it is a very high traffic area. At around 1:00 AM there can be about 12- 3 ears that run thru the residential area and no one stops at the four way stop. Edward Irigoyen, 2925 Persimmon, stated that he is in opposition of the zoning change because the same reasons and he has been in the neighborhood for over eighteen years. The field has been there since before they built their home. When there are heavy rains, the ditch has been to the very top. the little bridge that is adjacent to the property usually ends up with the debris of the high waters. The hitch may not support all the new drainage from the developments. The second to the last day of school, i young boy was hit by a driver in front of 2925 Persimmon. Mr. Irigoyen has had difficulty allowing his hildren to play in the front yard due to the high traffic area. There was no stop sign prior and cars were going between 60-65 mph on the long stretch of road. The neighborhood petitioned to have speed bumps and it was not possible at that time. Finally there was a stop sign placed. The last three years speed humps were put in. As the letter carrier for the neighborhood, Mr. Irigoyen is usually told that some of ;he homes are not kept up due to the fact that they are rentals and they do not take care of the property. Some of the properties located in the neighborhood are valued as high as $115,000 and with starter developments, the homes might range from $40,000 to $50,000. That will decrease the property values of urrenl home owners. Going to work in the morning and coming home in the evening, there is usually high traffic. Gerald Ortiz, 15805 Palmera, stated that he is in partnership with the development of the area. hhe only thing that needs to be stated is that the homes will have restrictions. They will have 2 -car garages and 6/12 pitch and a square footage minimum of 1100 and maximum 1800 square feet. The values of the home will not be less than $110,000. Some are already appraised at $150,000. Affordable houses does not mean Section 8, which is for first time buyers or a starter family. There will not be chain linked fence; everything will be up to code. They will all be brick and should improve the area. As for drainage, the engineer will speak on that behalf. There will be deed restrictions of no parking in the front are. In response to Commissioner Salazar's question, Mr. Ortiz indicated that there has been no communication to the neighborhood. The developer wanted to plat the land before and was not aware of any opposition. Mr. Ortiz also stated that he welcomed the idea to speak to neighbors and show them models of homes that are planning to be built. Dan Urban. 2725 Swantner, stated that the ownership is with another entity and the sale is _ontingent upon approval of zoning change. The developer is not planning to go down to the 4500 square feet minimum allowed in "R -1C" District. Some lots in the rear portion of the subject property are 131 feet deep. That is deeper that most lots in town. As for the drainage issues, the master plan ditch with hydraulic radiance indicate that there is sufficient capacity if the ditch is performing as the master drainage plan indicates to handle this particular piece of property. The potential owners like the zero lot line concept. That is the main reason for the "R -1C" District. The prices of the homes are not going to be solated to low income types of developments. It will he slated more for the first time home buyer and hopefully quality homes and subdivisions. In response to Commissioner Pusley's question regarding the storm water, Mrs. Teniente stated hat there were some improvements to the ditch as part of the Holly Road Improvement. Texas )apartment of Transportation also improved the box culverts that come in as part of the Kostoryz Street Improvements. The constraint is the crossing of the ditch at Saratoga Road with a pinch on that capacity. Tat has not been addressed as it will take coordination from the state with funding being an issue. As This area develops, it will become priority. NI -I)112 SHARI I) Gail A WORT', 4GENOMEM\2005VAugust A0605-07 Minutes Excerpt.doc lanntng Commission Minutes as: No. 0(05-06 (Nueces Real Estate Partnership. I. P "agt 4 Mr. Urban stated that under the "R -1B" District constraint the densities that need to be accomplished are not greater than what "A -1B" District will allow per acre. Commissioner Braselton stated that the same amount of water drained from the property whether is "R -1C" District or "R-1 B" District. It would not really matter what zoning district it would be because the drainage would still be an issue. This land is prime land for developed, it will be developed -whether it is homes or not. The street and sidewalks are exactly the same whether it is "R -1B" District or R- i C" District. If there are people that would like to park in the yards, it is a function of deed I estrictlons and enforcement of deed restrictions. The developer will make the same amount of money despite what the zoning outcome may be. The public hearing was closed. Motion by Commissioner Salazar, seconded by Commissioner Zamora to table this case until the June 29th hearing. The motion passed unanimously with Chairman Berlanga and Commissioner Mims being absent. H �9.fa DIR\SHAREDA(JailAWORll AGENDMEM\2005tAugustA060S-07 Minutes Excerptdnc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — June 29, 2005 e. Case No. 0605-07 Nueces Real Estate Partnership, L.P.: "R -1B" One -family Dwelling District minimum 6,000 square foot lots) to an "R -IC" One -family Dwelling District (minimum 4,500 square toot lots) Being 55.73 acres out of Bohemia Colony Lands, Lot 3, Section 8, located west of Kostoryz Road and sal an Elementary School. Chairman Berlanga abstained from the zoning case. Mr. Raasch stated that this case was previously tabled to allow the developer to meet with neighborhood residents to better inform them of the specifics of the proposed development. The proposed development is for 55.73 acres tract of land that is west of Kostoryz Road and north of Saratoga Boulevard. It is immediately adjacent to the south and west of Galvan Elementary School. The request is tor the development of a 342 lot single family residential subdivision with reduced size lots. The specific /oiling change is from the existing "R -IB" District, which has a minimum requirement of 6,000 square toot lots, to an "R -1C" District which would allow a minimum lot size of 4,500 square foot lots. Staff recommends approval of the zoning change. A petition was submitted at the last Planning Commission sneer ing. Of the 76 signatures on the petition, 43 were within the 200 foot notification area and 16 outside the notification area. Since the last meeting an additional five signatures have been submitted in opposition within the 200 foot notification area. Total signatures representing the opposition comes to 81. 'urrent opposition is at 16.42% for owners of land within the 200 foot notification area. Gerald Ortiz, 15805 Palmera, stated that the developers went door to door of the neighborhood impacted to give a 48 hour notice of a meeting date and time at Galvan Elementary School. Of the 80 neighbors, only 10 responded to the notice. Many comments made by the neighborhood dealt mainly with the way the homes would be developed due to a letter that was recently mailed regarding affordable hones. The models, square footage and lot size were all discussed at the meeting. Once the concerns of Inc neighborhood were addressed, everyone seemed to be in agreement. The drainage issues, impact of the schools, and outlets of the streets were all addressed. Many people who reside on Persimmon Street have the concept that they will be losing their easements in the rear of their property. The developers did inform them that, would be an issue to take up with AEP or the City of Corpus Christi. Many of the neighbors invited us to their back yards to show us what exactly they would be losing as far as sheds and other storage places. It was explained to the neighborhood that the developer would bring in an architectural committee to allow them to be involved with the development. The development of the homes were explained, such as the pitches, deed restrictions and three sides being brick only. The people in opposition were invited to give some concepts or ideas regarding the neighborhood. There will also be no gated fences, although there were many along Persimmon Drive. In response to Commissioner Pusley's question of deed restrictions, Mr. Ortiz stated that the developer was prepared to add deed restrictions prior to construction of any homes. The deed restrictions v, ill specifically indicate what the neighborhood concerns were. In response to Commissioner Zamora's question regarding the deed restrictions approval, Ms. Holly stated that if the zoning change is approved as an "R -1C" District, there would be no way to do that It would have to be done as a PUD -1 since it is over 5 acres and then the added conditions would be enforceable. In response to Commissioner Mims question regarding the Planned Unit Development, Ms. Holly Gated that if a Planned Unit Development was done, the same standards could be incorporated. It will not convert the ownership of the street from public to private. Planning ( ommission Minutes 'ase No. 16( $5-06 [N ueccs Real Estate fartnersh ip, i..I'.) A Planned Unit Development is a way to craft an ordinance to the particular conditions that are being de\ eloped on the site. The conditions that are stated, such as no parking in the front yard; the home will hav e brick on three sides with a 6/12 roof pitch; and the home will become part of the zoning ordinance thin would track with the "R -1C" District. In addition to the 4,500 square foot lots in the relevant :ethacks of the "R -1C" District, there would be extra conditions that would be enforceable by the City of 'utpus Christi and the Hone Owners Association. Mr. Ortiz stated that there would not be a problem to be able to place those conditions in writing tor City Council. I)an Urban, Urban Engineering, 2725 Swanter, stated that he attended the meeting on Thursday Vvolt the neighborhood. There were many concerns regarding the AEP easements. With initial discussions with AEP, they have stated that they will be needing the remaining 26.5 feet to have the 75 tbot width for the high power transmission lines. The developer will be dedicating the additional 8.5 feet :n addition to their 46.5 to make 75 feet total. The neighbors had a misconception that the development would be eliminating their easements. The City's drainage basin for the Richter ditch at Kostoryz was 'fisted as 2041 acres, so the development will impact it. The developer will be adding 56 acres worth of drainage. Other various issues were discusses during the meeting including the name of the subdivision. In response to Commissioner Salazar's question, Mr. Urban stated that the Planned Unit Development could accommodate the necessary requirements. The deed restrictions for this subdivision will be modeled from other deed restrictions with the standard verbiage to keep the neighborhood nice. the developer has been delayed for two weeks. I would prefer that the developer stay with the "R -1C" I tistrict due to the fact that the developer likes the zero lot line concept and the utilization of the property. In response to Commissioner Zamora's question, Mr. Urban stated that the developer has not yet dratted a document for the deed restrictions. In order to do that, the developer had already committed to the neighborhood that there would be an association consisting of three members that were in opposition lu assist with the drafting of that document. It is currently planned to be an ongoing process so the developer was not prepared to have the deed restrictions drafted by the time of the Planning Commission meeting. A Planned Unit Development would not be disadvantageous to the developer. Martin Ortiz, 5802 Wooldridge, stated that he is one of the developers for the proposed project. v1r. Ortiz indicated that they are not asking the Planning Commission to approve something that is not rlready there. We are planning to bring to the neighborhood something that is already there or better. In response to Commissioner Zamora's question, Mr. Ortiz stated that the proposed project will ne reduced by 1,000 square feet due to it being an "R -1B" District now. The development group has suggested to the neighborhood to participate in drafting the deed restrictions. Only so much can be done as a home owner's association and the developer feels that the Commission is placing unfair restrictions on them. Other developers throughout the city do not have those restrictions placed upon them. Oswaldo Medellin, 2909 Persimmon, stated that he appreciated the effort made by the developer io meet with the neighborhood. He also stated that due to conflicting schedules, he could not attend. The iriajor issue is still the change of zoning. He indicated that the neighborhood encourages development of something that is already there. Everything on the left side of Richter ditch is a "R -1C" District. That is vyhere some people have chosen not to reside due to the types of people that are currently there. The ditch " as o division of one area of Crestmont to the other. With a "R -1C" District being placed for the proposed development, it will greatly impact our neighborhood. The facts are that there will be smaller frontage. difficulty in parking. and there will be additional renters instead of home owners. There are two streets that will be utilized as an entrance and an exit. Masterson directly in front of Galvan Elementary is cl nwded right now. The addition of 240 to 250 new homes will only intensify the traffic. I't_ n DIR\SI IARFD`(;u,I' WORD'AG FNDMEM'0005 August A0605-072MInutes Excerptdoc iseoinu ciwnmi ssion Minutes as No (R05-06 (Nueces Real Estate Partnership, t- P.) I herefore, with the overflow of traffic, people will drive through the neighborhood and create problems for the home owners. Another main concern is the overcrowding of the school. With 10 additional homes there are 10 additional kids in the classroom. The elementary school is already overcrowded. The ore congested it is, the more problems there will be due to violations of deed restrictions. Neighbors nay,, purchased their home due to the peacefulness and with this new subdivision it will create havoc. (commissioner Salazar stated that it would be appropriate to place a PUD on this small lot type of de'clopment. PNJD's are typically used on larger lots, more expensive subdivisions. As the developer's a . e stated, they are attempting to provide a more affordable lot for a house in the $100,000 to $105,000 anee. This development should not have a PUD imposed on it and the proposed zoning change to "R- • (1 District should be approved. In response to Commissioner Mims question of how many lots will be lost if the existing of zoning remains, Mr. Urban stated that with the "R -1B" District the developer will lose approximately 40 to 60 lots If it remains an "R -IB" District, it will be difficult to have someone place a home worth $180,000. Public hearing was closed. Commissioner Pusley stated that it was very admirable of the developers to attempt to meet with the neighborhood. Motion by Commissioner Salazar, seconded by Commissioner Smith to approve staff recommendation. The motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. { VEf N-D[RSHAREDA(lalAWORDAGENDMEMt2005VAugusp0605-07 2Mfnutes Excerptdoe AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY NUECES REAL ESTATE PARTNERSHIP, L.P. BY CHANGING THE ZONING MAP IN REFERENCE TO 55.73 ACRES OUT OF BOHEMIA COLONY LANDS, LOT 3, SECTION 8 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Nueces Real Estate Partnership, L.P. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 15, 2005 and June 29, 2005 during meetings of the Planning Commission, and on Tuesday, August 23, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 3, Section 8, (55.73 acres out of Bohemia Colony Lands) from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District located west of Kostoryz Road and Galvan Elementary School, as shown on the attached Exhibit. (Map No. 047036) 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. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd day of August, 2005. ATTEST: Armando Chapa City Secretary APPROVED ,R 2005 JoseptY Harney Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett. Mayor, The City of Corpus Christi H \LEG-DIR\Joseph\Zoning-05\0605-07Regular.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 1LEG-DIR1Joseph2oning-0510605-07Regular.doc (361.854.3101 State of Texas County of Nueces r l U RERAN ENGINEERING May 16, 2005 1 P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355 FAX (361)854-6001 55.730 Acre Tract Fieldnotes for the rezoning from R -1B to R- IC of a 55.730 acre (2,427,577 square foot) tract of land (not based upon an on the ground survey) out of Lot 3, Section 8, Bohemian Colony Lands, a map of which is recorded in Volume A, Pages 48, Map Records of Nueces County, Texas; said 55.730 acre tract of land being more fully described by metes and bounds as follows: Beginning at a point on the Northwest Right -of -Way line of Whitebird Drive (60 feet in width) being the South comer of Lot 39, Block 12, Crestmont Unit 7, a map of which is recorded in Volume 49, Pages 64-65, Map Records of Nueces County, Texas from which point the North comer of Lot 1A, Block 1, Crestmont Unit 11, a map of which is recorded in Volume 54, Page 125, Map Records of Nueces County, Texas bears South 61°31'10" East, a distance of 60.00 feet for the POINT of BEGINNING and a corner of this tract; Thence, South 28°28'50" West, along said Northwest Right -of -Way line, a distance of 650.00 feet to the point of curvature of a tangential circular curve to the right having a central angle of 90°00'00", a radius of 10.00 feet, a tangent length of 10.00 feet, and an arc length of 15.71 feet ; Thence, with said circular curve to the right, a distance of 15.71 feet to a point on the Northeast Right -of -Way line of Masterson Drive (60 feet in width) for the point of tangent and for a comer of this tract; Thence, South 28°28'50" West, , a distance of 60.00 feet to the point on the Southwest Right -of -Way line of said Masterson Drive for a corner of this tract ; Thence, South 61°31'10" East, with said Southwest Right -of -Way line of Masterson Drive, a distance of 624.78 feet for a corner of this tract; Thence, South 28°28'50" West, leaving said Southwest Right -of -Way line of Masterson Drive, a distance of 588.02 feet to a point on the Northeast line of the Richter Drainage Ditch for the South comer of this tract ; Thence, North 61°34'00" West, with said Northeast line of the Richter Drainage Ditch, a distance of 2099.25 feet to the point of curvature of a tangential circular curve to the right having a central angle of 90°30'00", a radius of 100.00 feet, a tangent length of 100.88 feet, and an arc length of 157.95 feet; 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 maileurboneng,com /+A.- n 1 t n ear- Mo coos -o7 Thence, with said circular curve to the right, a distance of 157.95 feet to the point of tangent and for a comer of this tract; Thence, North 28°56'00" East, continuing with said line of the Richter Drainage Ditch, a distance of 1209.00 feet to a point for the West corner of lot 1, Block 17 of said Crestmont Unit 7 for the North corner of this tract; Thence, South 61°31'10" East, along the Southwest line of said Crestmont Unit 7, a distance of 1575.00 feet to the "Point of Beginning" and containing 55.730 acres (2,427,577 square feet) of land. Bearings based on the recorded plat of Crestmont Unit 7, a map of which is recorded in Volume 49, Pages 64-65, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Urban Engineering By.�L.../� Dan L. Urban, R.P.L.S. License No. 4710 Ca4e uo. Moos -o -j 2 [=MW1 fir ai ci�J�I'._? ;�isLy 1 51730 acne ad of Lot 4 Section 5 Elobention Colobv link Rao* Nunes Court Tams 10 x 3) 3* 30 S6?31'10t u12I 30 1 11 �/)rbwrly Wn.13 1. 1 10 13 14 1 IQ rTbkt of EleginAig• tot to 3 Casbnont tart 11 Kg 54 Pg a MIP Record* Nunes Oar* Tame 9 dv Mbn a.on Drive $e1-311 *.4. a 45/ 300 Graph c a e 1 "=300' 300 ller30001e =LEV Rich r nne9. AU 600 Map to Accompany CQ -4L' go. %oS-O7 • FEMMES 6C Ar 61730N lo ear boot ng oat of tot 4 s.cBnn 4 44 S �( T b reaardd io Wtinl 4 /bp. iURBANy CE1.RN© LUTE May 16. 2005 SCALE 1 -300' SHEET: 1 of 1 DRAWN 8Y: DL.0 38 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Neighborhood Initiative Program "NIP" progress report for FY2004-2005, the Neighborhood Pride Program (sustainability efforts) and the recommended NIP project sites for FY2005-2006. STAFF PRESENTER(S): Name 1. Yvonne Morales Haag 2. Pete Alvarez 3. Jeff Kaplan 4. George Oresco 5. Angel Escobar Title/Position Acting Director Police Chief Director Code Administrator Director Department Neighborhood Services Police/Directed Patrol Solid Waste & Street Services Neighborhood Services Engineering ISSUE: The Neighborhood Initiative Program "NIP" recently completed an additional five (5) intensive service/operational projects throughout the City for the FY2004-2005, bring the total number of project sites to eleven (11) including the Pilot project. Working in partnership with the neighborhood residents, the NIP has made significant strides to achieve the City's goal for Livable Neighborhoods. A progress report will be presented to City Council detailing the accomplishments made during this second full year of operation. To sustain the progress made during the NIP service/operational projects, a follow up effort, the Neighborhood Pride Program, has been developed to encourage, educate, and empower residents to continue efforts for enhanced maintenance, safety, improvements, and beautification in their neighborhoods. Five recommended Neighborhood Initiative Program project sites will be presented for the fiscal year 2005-2006. REQUIRED COUNCIL ACTION: Open for City Council discussion. No action necessary. ne Morales Haag ing Director Neighborhood Services Neighborhood Initiative Program Improving the Quality of Life in Our Community, One Neighborhood at a Time The Neighborhood Initiative Program (NIP) is designed to enhance the quality of life for Corpus Christi neighborhood residents through the concentrated delivery of services and programs provided by the City of Corpus Christi. Working in partnership with the neighborhood residents, the City's goal is to raise awareness of code and zoning ordinances, provide information on accessing city services and promoting clean and safe neighborhoods. NIP FY2004-2005 Program Overview: The City of Corpus Christi recently completed an additional five (5) intensive service/operational Neighborhood Initiative Program (NIP) projects throughout the City for the FY2004-2005, bring the total number of project sites to eleven (11) including the Pilot Project. Working in partnership with the neighborhood residents, the NIP has made significant strides to achieve the City's goal for "Livable Neighborhoods." The NIP has generated enthusiastic support and participation by the City's neighborhood residents. The program has produced phenomenal statistics the last two years with the collection of over 2,013 tons of trash, brush, heavy debris and tires; the cleaning of over 1,334 storm water inlets; replacement of over 1,524 street signs and poles; the maintenance of over 400 city streets blocks; replacement, or upgrade of over 323 street lights; the mowing and clearing of over 827 vacant or abandoned properties; the capture of 192 stray animals; the resolution of 320 traffic obstruction cases; the creation of Neighbors on Watch groups; and other significant service results. The FY2004-2005 NIP program was conducted in five designated neighborhoods which proved to be beneficial to over 2,500 households who were left with a cleaner and safer neighborhood. (A program overview detailing the progress by city department is attached). NIP Project Sites FY2004-2005 Site 6 09-13-04 —10-07-04 Site 7 10-26-04 -11-18-04 Site 8 01-13-05 — 02-03-05 Site 9 02-10-05 — 03-10-05 Site 10 04-07-05 — 05-02-05 Agnes / S. Port / Highland / Baldwin Stone / Matlock / NAS CC Fence line / NAS Dr./ SPID Molina / Home / Columbia / West Point Greenwood / Baldwin / S. Port / Crosstown Expwy. N. Port / West Broadway / IH -37 / Martin Luther King City Resources: The City of Corpus Christi continues to realize the value of this cooperative initiative through the strategic planning and scheduling of our operational services organization wide. The NIP provided a new opportunity for various city departments to work more closely together, encouraging productive communications, and developing collaborative and more efficient service schedules. 1 Participating Departments "ACTIONTEAM": Police/Directed Patrol Engineering Fire Gas Health/Animal Care Neighborhood Services/ Code Enforcement Park & Recreation Solid Waste Streets Storm Water Water Waste Water Environmental Programs Resident Participation: The NIP has been well received by the participating neighborhoods. Overall, the resident response has been positive with expressed appreciation for this concentrated and specialized program, and the opportunity to become better informed about city services, and establish personal contacts with city representatives. The NIP requires active resident participation in order for the operations to be remotely successful. Residents took full advantage of the clean up program by clearing out their properties and removing abandoned vehicles, addressing premise code violations, building stronger relationships with the Police Directed Patrol Officers, and making noticeable improvements for beautification. The improved communications between the residents and the city staff members in these participating neighborhoods has been enhanced with a better understanding of city services and code regulations. Neighborhood residents that were once intimidated to speak out with concems regarding gang activity are now maintaining confident relationships with the police. Parks that were once empty now have children playing safely on new or restored playground equipment. Neighborhood Pride Program — NIP Sustainability Efforts: "Make it Sparkle with Neighborhood Pride" Resident leadership in each NIP neighborhood continues to emerge and we are anticipating active sustainability programs for most of the areas. The Neighborhood Pride Program has been developed to provide support for coordination efforts and resources to encourage, educate, and empower the residents of the NIP neighborhoods to better maintain and continuously improve the quality of life in their neighborhoods. Each Neighborhood Pride Program is being tailored to address the unique issues, priorities, and goals that the neighborhood residents will define and establish for themselves with the guidance and support of the NIP program. 2 The Neighborhood Pride Program is designed to be implemented over a 12-18 month time span allowing the various participating neighborhoods to work and progress at their own pace. The Neighborhood Pride Program is currently being implemented with scheduled neighborhood meetings in all 10 completed NIP neighborhoods, plus the pilot neighborhood of Chula Vista. NIP FY2005-2006 Site Selection: The City Council has demonstrated its support by giving direction to City staff to continue the NIP with the selection of the next five neighborhood sites for the fiscal year 2005-2006. Basic program funding is provided through the Municipal Solid Waste Services Service Charge (MSWSSC), Federal Community Development Block Grant funds (CDBG) and General Fund through the participating City Departments. A selection committee made up of expert city representatives from the major participating departments will present five recommended neighborhood sites at the August 23, 2005 City Council Meeting. Selection Committee: (1) Assistant City Manager, Development Services (1) Engineering Services (2) Police Representatives (2) Solid Waste Representatives (2) Street Services Representatives (2) Code Enforcement Representatives (1) Project Manager, Neighborhood Initiative Program The committee selected five geographical residential sites (approximately 10 -block radius) throughout the City of Corpus Christi that merited enhanced city services. The selection process was comprised of both subjective discussions considering all areas of criteria combined with a rating system that determined (by score/rate) the priority and/or need for attention. Selection Criteria: Public Safety Crime/Public Safety data or statistics considered above operation / service average (family violence, gang activity, drug trafficking, traffic issues, auto theft, etc.) A residential area with documented suspected criminal activity (prostitution, gang activity, drug trafficking, etc.) 3 Code Enforcement Code / Zoning Violations data or statistics considered above operation / service average (High weeds, vacant lots, vacant & substandard buildings, care of premise, junk cars, etc.) A residential area with repeat code / zoning violations. Solid Waste/Litter Solid Waste data or statistics considered above operation / service average (illegal dumping, improper set out, brush collection issues, bulky/debris collection issues, etc.) Infrastructure A residential area with aging/inadequate infrastructure with data to support the following issues: Street lighting issues * Street signage issues * Street traffic signage issues * Street/Road condition issues Storm Water Issues * Traffic/walkway obstructions Conclusion: The NIP has received much public attention through the media and from various neighborhood support groups throughout the city for its efforts and accomplishments. Support from the private sector is being offered through sponsorships and donations of incentive gifts, home improvement materials, corporate volunteer teams, and a variety of in-kind and product support. The NIP FY2005-2006 is scheduled to begin September 13, 2005. The NIP will continue to strive to fulfill its Mission to improve the living conditions of our community by furthering the efforts aimed at neighborhood revitalization while focusing on customer oriented services and resident cooperation. "Take the Initiative and Take Pride in Your Neighborhood!" ne Morales aag hborhood Initiative Program Project Manager 4 • hborhood Initiative Pro 0 Co) Q 0 I dm Os [eloi,Z puri 'e 4 ... - X' A n§ 87 88 Nuz 6 a OI1 9 dlN 313 amours 09-13-04 to 05-02-05 e r- < 531 174 M m 49 .ten of 498 7 0 O •rn N 1 dm �O' Sle;olgns 11-06-03 to I 07-12-04 :° 101 92 .9, 81 °tr .�° to 20 173 5 N 0 o ,^„ 0 DC ill Z Jaya 8ur?I'a`llm7 WFrvw l Lf -HI / :fv apc.Osff WA / 310d 4FroN 04-07-05 to 05-02-05 ar . '° N m '^ m 12 2 ti'^ .. `-' .n. — ,ii, tl Z/ 1,4010110 Mod 41No (' uncplrg / pooxuncy 02-10-05 to 03-10-05 tk^(: N , „` 0 N N c. .Ni 25 O 01 .n .0 rj W IH Z Mod MAI / °.194"710 lY(0 °ITV,. / H l 7 W G ° 4' .`.', o 5 .tt� _.� o, en �o 10 N al 56 w z CMS' /"PG aY nil /Jaen/ 7 I SNN I roP11' y / moll s o ,n r .. z NW/rig/Puy/OHO5' /S 09-13-04 to 10-07-04 ,o N 301 29 7 18 25 ,., ,n o .n 144 `D P..aldS/auOIS a /�''N7filN /"'^l Ya]/, /a'uaisvN/ W!Ra big1Xokr 06-07-04 to 07-1 04 try o? uo o oo oo ti T 36 H ei a WO vl,Y(/.II /"'9?� /11)11e5W/ arilf141 05-03-04 to 06-07-04 '+h+: ; .. ". ,n .n O Tel G� .4- N 30 17 01 .fl O CO 4 «1 ce 1-1 0.4 z r%flq/SWV /yep1M PwalIMI 02-23-04 to 03-29-04 No ,ti ,+r 4 —8 ill Z /Lf -HI/ 901" o c •, N 3 R. uo&YyyMatz o 4 - 29 3 v 2 17 4 m P o J Board -ups/ ReBoards °o .a .5 W o N _� •b 1 Graffiti removed) 1 HEAT registrations Cars windsheilds stenciled with VIN #'s Family Violence Pamphlets distributed _------ e__hour notice) DL check points1 Traffic / General Citations issued Search warrants conducted NOW programs registered Trespass warnings issued. No Trepassing' signs. posted Drug investigations conducted Non -emergency investigations conducted tudent attendees for "Kids with Cops" presentation r. 0) a • a 1) hborhood Initia $1 IMP i@jpl?[D 9 in 5opN 1 42 1 f N 323 ' a O. 1 N N P .1.d UI MID 9 dII1 JO3 �O34nS yyB u N -. 0 N10 < 2 42 2078 8 ?a °P, I 57 1 N 209 a, P p N 2 ° M 1 dm o3 9IMIQnS S TUT 11-06-03 to 0'12-04 o _ 0 0 0 0 " o r, 17 o ° `. o o o o Q m ti X ,A",,, Z tl9 H z awa Yuri Awn- Yryaw / L£ -HI / faPmug all / god gyaoN 04.07-05 to 05-02-05 o. o N ;y waoynoa,7 /N°d MOS / YfAP/rg / Poo'm,YL.`J '^ o o d ' N en r P N M - H 94 o R, z 1Ymd 1nAI / ntui^J°J /'top/ / oYyouyv 01-13-05 to 02 03-05 ,T.. ° n N o et. cn y py Z ands / M.S!(j ('I / Jur/ sau. SNN/*MOW /atl01S 10-26-04 to 11-18-04 o co o N N co � z O. e - kJ .+ .r 0' 5d ...I/Nod Z Yk"PITH/PYn(4N gyros /nuBF/ 09-13-04 to 10-07-04 a0 a 36 m a/ Z/'-'ua aldS/"OJS maint /'freYafa SvN a[/ as ffwa 06-07-04 to 07-12 04 fix" N Jl 2 ."1 ; r .D 26 cn ,+f NIP IV MPa(�'Wl 'Ot.WAI E. o o ,i, '".0 '" n 25 - v en 17 .-I 4b Z WallPgPiH 4 S e4 ti 2 ,0 , 'F"" Z Norimaotrrao l[£`HI/014' 9 S o6 4. �, O " 50 N Yq Q R a YNilOI,tI/nU8(/L /Y,a°yrr°aJ /raidosS O ca 4-)y g N 21 01 Parkinp tickets issued Face to face contacts with residents Vehicles impounded Traffic stops made -a Q 3 � 711-18 . xA. Traffic studies conducted ISpeed humps approved -oa 11 x I Street lights &/or poles serviced or relocated Households surveyed Fire safety demostration attendees Fire safety demonstrations conducted Smoke detectors distnbuted House fives extinguished 3 a 8 9 0 Information packets distributed I n 4 1 Ii r- 0 rn a • 0 Ao hborhood I U 4) 0 a 1 dIN 9 OT mall smoi, paeiD tce 4 " A . r- M ',. & r-1 .. a ti .. a � , 4 OT tij143 dI1�T lei spzoagng s, - 4 i . r .� N o ti 0 N 17 S 11.141 dI%T soi sieuncins 0 S `ri `- 0 ,; P c 28 I o N a o o 0 3 2 NIP X my(' ?up/ agj/(1 u4AVW l 16-14I / ,G,ap°oeg $sail / Pod 4uohi o un 4 � m qtr r ., T i"a —, mM .., M a Pm 1.0 Z unsomet J mod pros / u),°PPV / Poo,aua AD 9 ,,, Lin o C r `oi' M M ., Fy P ez Z /UWJfl24 / !Pang) / uuolj / turn' O H S' 2 yti 5. ", CO ,n 4 5 Ai zZ QIdS / nYa Selo / cqq awJ 3.111\1/ r9/1°W / "WS 9 a ff 6 .0 Ncu ti .. .. M 5 a.- Z uD.PI°ff/Pu°nq?'H Mod pros /nay 0 S ri o - d, J xr pp •- ?M. ' N .+ .-i 5 0. a1dS/moIS /V°11°111 /"qu"449 inga SltNiatnl/1a / Nr' P 4 , -, ., R:: o.. N N Z /% Y Argr74411 'V41ti, O5diV. a a z/uw cald°1S/'Q10F1 aa+a / nxl Pg 02-23-04 to 03-29-04 o M .. 2 H iL !r µo(1/umo mi:.) ' 01-14-04 to 02-18-04 P N NIP I /omosrrao /r%d°;S 2 $ N I Missing house addresess' identified '$ Gas services disconnected for safe house demolitions Types of machinery provided to assist with house demolitions x1 Animals impounded' Story animal areas identified Citations issued) Vector control issues resolved Rounds of truck mounted spraying for mosqitoes 9a; iG w w $ 1 1n Stolen animals recovered'. IAnimal sweeps conducted. 8 8 Animal neglect investigations conducted pc 0-1 Omoi E hborhood Initiative Pro 0 U 4) .O 'l♦ will OI l i dm stymy pump P 4 iR c w .- 9 R $ r —3;1 R OI nap 9 (ITN JOI Soignga 09-13-04 to 05-02-05 250 5 2 29 .0 a b 370 g 320 b o M S' I amIo3 SIe30KgnS o - Nr N 10 0 55 - N in o o 0 I X HA " mPG Eut)1lxprr I uPEW / Lf -HI / fi°P°OJff lnztl / lad 4yoN 04-07-05 to 05-02-05 el i -- N O ,n N C ,n i. - 105 -- -- M 36 yz H/ umotrrcuJ /Prod 41xo uunP(xff / no,uuwp 02-10-05 to 03-10-05 N ,n .n .. 134 1 10 NIP VIII Med tnidl / Num10 / 9141°H / Owgow 101-13-05 to 02 03-05 d ,.n .. -i el 1... .1700 ,n 0 ? 8 ,N^ Et z bLQ snr / lug "af SNN / W"PV /'uo+S J. `2: d 12 a .r N 750 r- W en 4 25 1 Z uninvii/PMV H mod mos mu8yLn 09-13-04 to 10-07-04 k 2 g 10 �i o lry z QIdS/auotSin /anofSIGN/41tni/•Q Ihia inq j 05-03-04 to 06-07-04 to 07-12 06-07-04 04 84 75 (` iIii921 2 2 2 2 15 10 1 10 10 b b n @[ -'; Hr „, b , �.;e. n o en „ co vul .. a z/iiPinV/ /irk n{WAl 11 z fidnlS/�roH 01-14-04 to 02-23-04 to 02-18-04 03-29-04 125 ti a C�F-Hlintat' (. iuod/uaofrrarJ 24 „ o r 2p y uo&oW/n /u?(%ffot.'� ',kis o Q N e.. _, 2 ' o o N I Abandoned/junk vehicles' 25 issues resolved Abandoned junk/vehicle cases started High weed properties mowed by their owners Obstruction cases resolved 47 through hired contrator Sub -standard building cases started I Animals licenced &for vaccinated I Houses painted through "Paint with Pride" u b 1 8 19, Neighborhood meetings organized 1 4 W I Days mobile unit was staffed Volunteers utilized 5 • onsors ac • uired Abandoned/junk vehicles issued 30 -da' notices N - 1.0 E ' 0 a.4 . •yM� f'•1 PO O 0 0 z 1 co U 4) .- 0 OI Mil I dIN slei0l. PLWJJ 11-06-03 to 05-02-05 507 Si g M 267 I . 01 tutt4 9 dIN 103 sitioNnS 09-13-04 to 05 02-05 297 3 en N N 267 O QQ44 # t% -4A Pa 5 i 20 V O 'V 9 1 dIN iO3 qn0ignS Q 0 x ,,_, 210 0 0, 17 I o 5 0 7 o of a+ 7, *rya Yu:x.0ylr' u?tmW / [f -HI / frilcvrsg 1nQ1 /trod coo Ni ° o o It oo g' 18 NIP LX "Wme7 /Pod yl°OS / u!ttp(°g / POOmw u7 02-10-05 tot 03-10-05 20 36 223 ., .. ,-. w P. Z lu?0d WA / °?9111^107 / rruoy / °urrW o o 4 S.' o 43 '^ a N m pv 4 1 20 a, F CIMS / "Ma svw / 011% anal Sr; tit / i)°lt°yt / o,r°iS S3 9 - a ^ ti # 2 � r 'J a. z uuaP/°H/PYD1y811-1 /trod cams. Mu4,- o .., • z QdS/au°$S !�O%°I/"'c m»fsr/nfla Pim ' f � .. "W.ulAt /riN oy g o N N ' .. - a. oraFtririciql .n m 2 F�1 HI 1.4 pOd/t1440MOC) [£111/58 V 01-14-04 to 02-1&24 2 'nl NIP I Mt&OJ1J/f914YV /umOplOID MiCitiS C Q ?; b r a Q O N M .� Properties/areas mowed & leaned by contractors Unauthorized usage (zoning) cases resolved Vehicles green -tagged (72 hour notice) unauthorized usage (zoning) cases started Open storage cases resolved Oven storage cases started a• 1 a 1 Contractors utilized) a pq I Missing house addresess' identified Flyers d stnbuted � .5 y 0.3 11' I New signs built, painted & installed E F ni �I A 0a�rT General cleanups conducted r- .16 0 rn a hborhood Initiative P 0 0 U '4 UINul I am smo.L pun° eqQNw 4 — — yPn 1312.81 2013.38 R com b e N 2121 O. b OInail 9 dIN JJ OnS 1 09-13-04 to 05-02-05 r O " o ao N 704 N.0 Cr,r..... N NIP X jI s nap dIN 1O3 �a34nS 04-07-05 to 11-06-03 to 05-02-05 07-12-04 O — I 2 a ` 388.96 700.57 M M o 350 93 21.09 k 88 I 630 48.98 I N o 0 MIQ Yuri .ra41rr7 "1%avW / LF -HI / .CrmPr"rfl Mai / Pod 4140N -+ r �u //Aid 411WS "1RP1a / Pomuu) 2, gq^ c"o Y/ 301.82 gzumo75r40 1 12.64 I 1"q I-: 0.i Z Mdlra/Al / mqurxjo7 / auroH 9°W / °" N O 0 o 8 n ',: .o N ri -. r M o) CI 7.5 ,r. a, Z Qlds axrt au uua / Q SVN / a J gym/yxprW/a nS 10-26-04 to 11-18-04 • ,3R" M 0 - . N 14.93 "= M M 89 I 17177.1i u?.P!°H/P"rl4Y.rH /trod gyms. /nay 4 .q c _.d N .t.,, ern N M co m o a;. n s -v N a. Z QIdS/9"o1Sa:.� /*%0141 /[n4"au9 /9.,uaJs11\1/ 311\1/"In!/la Affd,m7a 06-07-04 to 07-12 04 124.22 S 4 r;. N O 0 & t nr z -orlgal /6W-7}1 /%Plb'W/ aT9'rSW/,fl o ' o — .. "' co .M. en en O 0 r%drSSN/01-1 /uapa1.a /nargpi� 102-23-04 to 03-29-04 N 2 209.59 ,Ma - 285 I 117 166 m ei O O 1.-14 Pr Z 1md/amofSMr-1 /[£-HI/raub 01-14-04 to 02-18-04 .- .. 2 -` ,Mn a 0, 6.03 �! c 0 12 a. Z/umozrrao ur&oyy/rauYV /r%dr1S 11-06-03 to 12-15-03 n c. 0.88 o ui 33.4 0 L I P C Li. I New play equipment units; installed New play equipment units ordered Park items repainted Incidents of graffiti removed INew trash cans installed Tons of trash/brush and debris removed Tons of tires removed) No Dumping' signs ordered for installation No. of tires removed! Tons of concrete removed �j a v I Tons of debris removed from inlets Displaced inlet covers reset Catch basins cleaned and vacuumed Driveway/culvert/pipes flushed Linear feet of alley cleaned r 0 w 0- • as a' W • hborhood I 0 Totot U V 0 l— 0I naiEl T dIl� S!U0L Pimp 11-06-03 to 05-02-05 72 183 179 — 4 1063 een OT --1l 9 dm .101 alelo�gns 109-13-04 to 05-02-05 300 °� m \o- en M- 7-2 C m m d' ",'^ 1029 W W. 0 y 01 y.� 0 s nap l dIN 4133 9t3O1gns 11-06-03 to 07-12-04 c a o 137 145 628 143 o N NIP X JnnAI / mod 414oN 104-07-05 to 05-02-05 215,622 216 78 .a. I zN, stagraO Mod meg / uo'Plbff / Poomuau9 02-10-05 to 03-10-05 0' .��. '3 N N trrd ri 306 0 fps �e 171717111 flIWd Jra4l / °u/unno9 / auloH / bu.9oW g 9 4 oc § . ` .-C r N Ea r hr z ELMS& 3vN / waolf°W / auo1S o 'i N in 34 t 7 - u?mPPff/Publ40H /%md 47noS /nu86' 8 8 3 o g `n ne N o N ,,�tel 329 NIP V QIdS/noJS /rainy /(bgwu9 /nail' svN/ ral/'s�I Prig In%a 06-07-04 to 07-12 04 .^-- '"7 .. _ .nen N o 0 EZ 1 Sn s la1Wb"W/u4'b!'4id1 a i- o; o een c o .n o o ^ „� o p-t E z Firkr/�7oH /14°441'[3 marg o m o 29 29 N. c°pi ci `° St F.1 az/Lf"Hvgnaf/ 14d/m%0% 01-14-04 to i 02-18-04 p in C P O. 18 18 Nd -, 0h b�h �•hi}.. .-i [BION/ njrdrls 11-06-03 to 12-15-03 N P ~ 0 gE 144 4 PC/mammy° E E Linear feet of ditches &/or tight -of -ways &/or contract streets mowed/ leaned Potholes filled Street blocks cleaned via Upfront sweep' 1p g4 W ' Street blocks reworked) Street blocks leveled up Street blocks sealed N Signs affixed with grafitti proof film Stbl enet ocks 01 nubs and i gutters cleaned New fire hydrants installed • Waste water issues addressed r 0 r C CO 39 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding Council Focus Area — Neighborhoods (including Infill and Affordable Housing) STAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose Assistant City Manager City of Corpus Christi ISSUE: At the Goal Setting Retreat held on May 2, 2005, the City Council established 6 Priority Focus Areas. The City's Neighborhoods (including Infill and Affordable Housing) were identified as one of the focal points. This is the fifth of six Focus Areas to be presented for implementation in the coming year. REQUIRED COUNCIL ACTION: No formal action is required at this time. �la&qu) e. j i Margie C. Rose Assistant City Manager 40 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Report on the design, implementation and evaluation of Automated Meter Reading (AMR) and Wireless Broadband (WiFi) pilot projects, including a preliminary WiFi business plan. PRESENTER(S): Name 1. Ogilvie Gericke 2. Debbie Marroquin 3. Leonard Scott Title/Position Director Director Business Unit Manager Department MIS Gas Services MIS ISSUE: The City contracted with Public Technology Institute, Inc (PTI) to provide consulting services for the design, implementation and evaluation of automated meter reading system using a wireless broadband network. Contracts for implementation of the pilot projects were awarded to Tropos Networks, Inc. and Northrop Grumman Commercial Information Services/Hexagram (NGCIS). Installation of the pilot projects has successfully been completed and approval is needed to continue with citywide deployment. This wireless broadband network also provides the opportunity to improve other City services and its capabilities provide the opportunity to involve external partners. A business plan is needed to give structure to this partnership. BACKGROUND: Numerous issues are facing the City's meter reading activity today. First, the existing manual meter reading system is outdated and it is difficult to attract meter readers. Manual meter reading does not support good customer service and is increasingly more expensive. Secondly, the City's aging meter infrastructure is being considered for a significant upgrade. Thirdly, legislation requires individual metering for multi -family dwellings, apartments and trailer parks. It was therefore prudent to evaluate if an Automated Meter Reading solution will support improved customer service and responsiveness and if it is a cost efficient solution compared to the current manual system. Public Technology Institute, Inc was hired to perform this evaluation. The analysis indicated that Automated Meter Reading should be considered a viable alternative and the pilot projects confirmed this analysis. REQUIRED COUNCIL ACTION: Approval of contracts that will allow for the installation of citywide automated meter reading and wireless broadband and the draft business plan is needed. Ogilvie F. Gericke Director of Information Systems 41 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/23/05 AGENDA ITEM: Resolution expressing official intent to reimburse costs of the Citywide Automated Meter Reading and Wi-Fi projects. ISSUE: The City of Corpus Christi intends to issue City of Corpus Christi, Texas Utility Revenue Refunding and Improvement Bonds in September 2005. Included in these bonds will be funding for capital expenditures related to the design, planning, acquisition and construction of certain projects relating to the Citywide Automated Meter Reading (AMR) and Wi-Fi projects. In order to adhere to time schedules, the City expects to incur expenditures related to these projects in amounts not to exceed S9,100,00prior to the sale of these bonds. For the City to be eligible for reimbursement for any expenditures incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. REQUIRED COUNCIL ACTION: t'ity Council approval of the reimbursement resolution in order to proceed with the projects as scheduled. FUTURE COUNCIL ACTION: August 30, 2005 — Resolution authorizing the City Manager to take actions necessary to approve the issuance of utility revenue refunding and improvement bonds. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution as presented. Director of Financial Services Attachment: Resolution RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF THE CITYWIDE AUTOMATED METER READING AND WI -FI PROJECTS WHEREAS, the City of Corpus Christi, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds, particularly funds of the City's Utility System; WHEREAS, the City fmds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $9,100,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Dated: August 23, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: ,,` 2005. By. By t „vy>% Lisa Aguilar Assistant City Attorney for City Attorney Exhibit "A" The projects consist of: 1. the design, planning, acquisition, construction and all necessary components and services needed for the implementation of the citywide Automated Meter Reading (AMR) project, including infrastructure rehabilitation, and 2. the design, installation, testing, hardware, and services for the citywide wireless broadband (WiFi) mesh network. 42 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/23/2005 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute a contract with Northrop Grumman Commercial Information Services, Inc. of Herndon, VA in the amount of $2,964,970 to provide all components and labor necessary for implementation of phase 1 of the citywide Automated Meter Reading (AMR) project, including infrastructure rehabilitation. B. Motion authorizing the City Manager or his designee to execute a contract with RAM Technologies, Inc. of Fort Washington, PA in the amount of $376,400 to provide contract management and technical services necessary for implementation of phase 1 of the citywide Automated Meter Reading (AMR) project, including infrastructure rehabilitation. ISSUE: The City awarded contracts to Public Technology, Inc. (PTI) / RAM Technologies, Inc. to provide consulting services to find and implement an automated meter reading system that is cost effective and more efficient than the current manual system and to Northrop Grumman Commercial Information Services/Hexagram (NGCIS) for installation of this pilot project using wireless broadband (WiFi). The pilot project has successfully been completed and approval is needed to continue with citywide deployment of automated meter reading over a five year period. The meters will be provided by the City as needed. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: • City Council approved purchase of the ITRON handheld meter reading system on August 26, 2003 • City Council approved a contract with PTI of Washington DC to provide consulting services for the Automated Meter Reading / Wireless Broadband Network Pilot project on October 21, 2003 • City Council approved a contract with Tropos Networks, Inc. and PTI of Washington, DC to provide the wireless broadband network necessary for the implementation of the Automated Meter Reading / Wireless Broadband Network Pilot project on May 18, 2004 • City Council approved a contract with Northrop Grumman Commercial Information Services, Inc. of Herndon, VA to provide and implement an Automated Meter Reading pilot solution on August 17, 2004 • City Council approved a contract with PTI of Washington, DC to provide Consulting Services for an accurate physical meter inventory to support the Automated Meter Reading pilot project on March 8, 2005 FUNDING: Amount Budgeted $3,341,370 Source of Funds 4010-30000-550060 $ 2,411,370 4130-34000-550060 $ 930,000 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. 0 • 6aq,iGc. Ogilvie Gericke Director of Information Technology 43 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 23, 2005 AGENDA ITEM: A) Motion authorizing the City Manager or his designee to execute a contract with Northrop Grumman Information Technology, Inc. of Reston, VA in the amount of $5,672,770 for: i) Design, install, and test the citywide wireless broadband (WiFi) mesh network and integrate it with the existing fiber / leased line network; ii) Perform a manpower utilization and business continuity study; perform a network -focused impact analysis to identify "at -risk" infrastructure; assist in the network documentation migration; and develop processes and procedures on project and change management; iii) Develop a strategic roadmap to assist the city in aligning itself to best meet the anticipated change, growth and newer technological evolution. B) Motion authorizing the City Manager or his designee to execute a contract with Pronto Networks, Inc. of Pleasanton, CA in the amount of $132,605 to provide hardware and management services necessary for secure sign -on to the WiFi broadband network. Included is $23,625 for first year maintenance and $6,480 for 1,800 School District subscribers. In addition, Pronto will receive $2 per user per month for non-govemmental use. C) Motion authorizing the City Manager or his designee to execute a contract with Public Technology Institute, Inc. (PTI) of Washington DC in the amount of $55,000 for support of the Digital Communities Effort. ISSUE: The City awarded contracts to Public Technology Institute, Inc to find and manage implementation of a pilot automated meter reading system that is cost effective and more efficient than the current manual system and to Northrop Grumman Commercial Information Services (NGCIS) and Tropos Networks, Inc. for installation of this pilot project using wireless broadband (WiFi). These projects have successfully been completed and approval is needed to continue with citywide deployment. In addition, a contract with Pronto Networks is needed for secure sign -on to the WiFi network as it is deployed citywide. The WiFi project generated nationwide interest and the City is currently involved in a major 'proof of concept' project undertaken by Intel Corporation called the Digital Communities Effort. It aims to create the necessary partnerships to produce the new hardware, software and services required to operate business and govemmental services under WiFi. Public Technology Institute, Inc is providing Consulting Services to support the Digital Communities Effort. As the WiFi network is deployed citywide some devices will be mounted on American Electric Power utility poles and staff is working with American Electric Power on mounting and power supply rates for this deployment. We will bring a contract to this effect to Council in near future. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: • City Council approved purchase of the ITRON handheld meter reading system on August 26, 2003 • City Council approved a contract with Public Technology Institute, Inc of Washington DC to provide consulting services for the Automated Meter Reading / Wireless Broadband Network Pilot project on October 21, 2003 • City Council approved a contract with Tropos Networks, Inc. and Public Technology Institute, Inc of Washington, DC to provide the wireless broadband network necessary for the implementation of the Automated Meter Reading / Wireless Broadband Network Pilot project on May 18, 2004 • City Council approved a contract with Northrop Grumman Commercial Information Services Inc of Herndon, VA to provide and implement an Automated Meter Reading pilot solution on August 17, 2004 • City Council approved a contract with Public Technology Institute, Inc of Washington, DC to provide Consulting Services for an accurate physical meter inventory to support the Automated Meter Reading pilot project on March 8, 2005 • City Council approved a contract with Public Technology Institute, Inc of Washington, DC to provide Consulting Services for support of the Digital City Initiative on March 8, 2005 FUNDING: Amount Budgeted $5,860,375 Source of Funds 4010-30000-550060 $5,727,770 5210-40470-530000 $132,605 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. O •C, o -a e: GGG Ogilvie Gericke Director of Information Technology 44 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/23/05 AGENDA ITEM: ADOPTION OF A RESOLUTION SUPPORTING CONNECTION OF THE PORT OF CORPUS CHRISTI WITH MEXICO VIA THE PORT OF LAREDO AND US 77 AS A HIGH PRIORITY FOR THE TRANS -TEXAS CORRIDOR STUDY. ISSUE: The Trans -Texas Corridor (TTC) is a proposed multi -use, statewide network of transportation routes in Texas that will incorporate existing and new highways, railways and utility right-of-ways. Specific routes for the TT(' have not been determined. As envisioned, each route will contain right-of-way up to 1,200 feet wide including: • Six lanes for passenger vehicles (three each direction); • Four lanes for trucks (two each direction); • Six rail lines (one each direction for high-speed rail, commuter rail and &eight rail); and • A 200 foot wide utility zone. Plans call for the TTC to be completed in phases over the next 50 years with routes prioritized according to Texas' transportation needs. TxDOT will oversee planning, construction and ongoing maintenance, although private vendors will be responsible for much of the daily operations. I'xDOT has held thirty-seven public meetings across Texas between July 18 and August 18, 2005 to obtain public comments on the proposed project. Comments received by August 29, 2005, will be included in the official record of the public meeting process. However, comments received after August 29th will be given the same consideration even though they are not included in the meeting comment report. The initial Environmental Study was initiated in January of 2004. The purpose of the Initial Environmental Study is to identify a preferred corridor. If a preferred corridor is selected, it wilt serve as a study area for additional environmental studies. Federal Approval / acceptance of the findings contained in the Environmental Study is anticipated during the winter of 2006. (Note: Acceptance of the findings does not authorize construction.) Since initiation of the study, "Preliminary Corridor Alternatives" and, subsequently, "Reasonable Corridor Alternatives" have been identified. (See Attachment A: Study Area) Integrating the Port of Corpus Christi into the proposed network will have a significant impact on the future economic vitality of Port, the City of Corpus Christi and the viability / serviceability of the TTC. The Port of Corpus Christi adopted a resolution similar to the proposed resolution and the Metropolitan Planning Organization is also considering adopting a resolution of support for connectivity between Corpus Christi and the proposed corridors. City Council Agenda Memorandum August 23, 2005 Page 2 REQUIRED COUNCIL ACTION: Adoption of a Resolution. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Adoption. Ron Massey, Assistant City Manage Attachments: Attachment 1: Study Area Map Attachment 11: Resolution 11 PLN-DIR\SHARED\Comprehensive Planning\Master Plans Specific Plans\Transportation\2005\TransTexas Corridor \8-23-05 Resolution.doc City Council Agenda Memorandum August 23, 2005 Page 3 STUDY AREA Attachment I. I I PI_ V-DIR\SHARED \Comprehensive Planning\Master Plans Specific Plans \ Transportation \2005\TransTesas Corridor\8-23-05 Resolution.doc RESOLUTION SUPPORTING THE CONNECTION OF THE PORT OF CORPUS CHRISTI WITH MEXICO VIA THE PORT OF LAREDO AND U.S. HIGHWAY 77 AND ITS DESIGNATION AS A HIGH PRIORITY FOR THE TRANS -TEXAS CORRIDOR STUDY. WHEREAS: The vision of the Trans -Texas Corridor is the development of multi -use, statewide network of transportation routes that will make driving safer, improve the safe and efficient movement of freight and hazardous cargo and sustain and enhance economic development and; WHEREAS: Such a vision is supportive of the efforts of the Texas ports, including the Port of Corpus Christi, to provide cost effective and productive movement for the growing international and domestic trade industry and; WHEREAS: U.S. Mexico trade continues to grow with Texas ports of entry handling more than 70 percent of this trade of which 85 percent is moved by truck over critical NAFTA and now CAFTA corridors and: WHEREAS: Truck traffic, as measured by TxDOT, on US 77 continues to exceed truck traffic on 1-35 between Laredo and San Antonio and: WHEREAS: State Highway 44 is the most direct route from Monterrey, Mexico via Laredo to the Corpus Christi area and: WHEREAS: The Corpus Christi region is directly linked by the movement of trucks to and from the Ports of Entry in Laredo and the lower Rio Grande Valley and: WHEREAS: Issues of vehicle safety, reduced congestion, fuel efficiency and air quality call for the development of improved freight corridors between Corpus Christi and both Laredo and the lower Rio Grande Valley for the efficient and productive movement of freight and cargo traffic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council is in support of the following assertions: A. That the connection of the Port of Corpus Christi with the Port of Laredo and the lower Rio Grande Valley be considered a high priority of the 1-69 corridor; B. That US 77 and SH 44 be integrated into the continued environmental and planning work associated with the 1-69 project; and Reso-TranTxStdy.doc C To expedite upgrading US 77 and, possibly SH 44, to Interstate standards for creation of safe, efficient and cost effective future connection with the interior of Mexico and Central America. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: By: [8 , 2005. Jos ph Harney U Assistant City Attorney For City Attorney Reso-TranTxStdy.doc Henry Garrett Mayor 2 Corpus Christi, Texas of , 2005 The above resolution 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 Reso-TranTxStdy.doc 3 45 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Amending ordinance number 23804 which established a Municipal Court Technology Fund, by repealing Section 4 to eliminate an expiration date of September 1, 2005; Providing for severance; Providing for publication; Providing an effective date; and declaring an emergency. ISSUE: In 1999, the Texas Legislature enacted Article 102.0172 of the Code of Criminal Procedure providing for the establishment of a Municipal Court Technology Fund would expire on September 1, 2005. On October 19, 1999 City Council authorized an ordinance establishing a four dollar Municipal Court technology fee. In 2003, Texas Legislature repealed Article 102.0172(f) resulting in the elimination of an expiration date for this provision. This ordinance eliminates the expiration date of September 1, 2005, allowing the Municipal Court Technology Fee to continue. The Municipal Court Committee reviewed the proposed ordinance on July 26, 2005 and recommends the elimination of the expiration date. REQUIRED COUNCIL ACTION: Approval of the Ordinance PREVIOUS COUNCIL ACTION: FUNDING: CONCLUSION AND RECOMMENDATION: Approval of the Ordinance ORDINANCE AMENDING ORDINANCE NUMBER 23804 WHICH ESTABLISHED A MUNICIPAL COURT TECHNOLOGY FUND, BY REPEALING SECTION 4 TO ELIMINATE AN EXPIRATION DATE OF SEPTEMBER 1, 2005; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, in 1999, the Texas Legislature enacted Article 102.0172 of the Code of Criminal Procedure which provides for the establishment of a Municipal Court Technology Fund by ordinance; and WHEREAS, the initial legislation contained a provision that the Municipal Court Technology Fund expires September 1, 2005; and WHEREAS, on October 19, 1999, City Council authorized Ordinance Number 23804 which established a four dollar Municipal Court technology fee; and WHEREAS, Section 4 of Ordinance Number 23804 provided for expiration of ordinance on September 1, 2005; and WHEREAS, in 2003, the Texas Legislature repealed Article 102.0172(1), which resulted in the elimination of an expiration date for this provision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance Number 23804 be amended by repealing Section 4 to eliminate an expiration date of September 1. 2005. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. It is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 23m day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved as to legal form July 21, 2005 By: Mary Kay City Atto 'ey 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 City of Corpus Christi 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 46 CITY COUNCIL AGENDA MEMORANDUM August 23, 2005 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 29 to establish the juvenile case manager fee; providing for severance; providing for publication; providing an effective date; and declaring an emergency. ISSUE: Effective January 1, 2006, municipal courts may charge an additional juvenile case manager fee not to exceed $5 as a cost of court, in accordance with House Bill 1575. The fee applies to conduct that occurs on or after January 1, 2006. The Municipal Court Committee reviewed the proposed ordinance on July 26, 2005 and recommends adoption of $3 juvenile case manager fee. REQUIRED COUNCIL ACTION: Approval of the Ordinance PREVIOUS COUNCIL ACTION: FUNDING: CONCLUSION AND RECOMMENDATION: Approval of the Ordinance :9: Judge R. Tam , Presiding Ju AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 29 TO ESTABLISH THE JUVENILE CASE MANAGER FEE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, the Texas Legislature recently enacted Section 102.0174 of the Code of Criminal Procedure in House Bill 1575 to authorize the juvenile case manager fee not to exceed five dollars ($5.00) as a cost of court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 29-52 is added to Chapter 29 of the Code of Ordinances to read as follows: "Sec. 29-52. Juvenile case manager fee. "(a) There is created a juvenile case manager fee pursuant to Article 102.0174 of the Texas Code of Criminal Procedure. (b) A defendant convicted of a fine -only misdemeanor offense in municipal court shall pay a three dollar ($3.00) juvenile case manager fee as a court cost. This fee does not apply to parking citations. (c) For purposes of this section, a person is considered convicted if (1) a sentence is imposed on the defendant; or (2) the defendant receives deferred disposition, including deferred proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure. (d) The municipal court judge is authorized to waive this fee in a case of financial hardship, for example, if a municipal court judge has determined that the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs. (e) The municipal court administrator shall collect this cost of court and pay it to the city treasurer to be kept in a separate fund known as juvenile case manager fund. (f) The juvenile case manager fund may be used only to finance the salary and benefits of a juvenile case manager employed by the municipal court under Article 45.056 of the Texas Code of Criminal Procedure. 2 jq) The municipal court on approval of the city council may employ one or more full-time juvenile case managers to assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases. (h) This fund shall be administered by or under the direction of the City Council. (i) This fee applies only to conduct that occurs on or after January 1 2006." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect January 1, 2006. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved August 9, 2005 By: �°�2 w Lisa Aguilar Assistant City Attorney for City Attorney juvenile case manager fee. DOC Henry Garrett Mayor