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HomeMy WebLinkAboutAgenda Packet City Council - 09/12/2006 CITY COUNCIL AGENDA SEPTEMBER 12, 2006 Corpus Christi ***** II-America cnv ,---. ~",...,.- 11 :45 A.M. Proclamation declaring the week of September 11-18, 2006 as "American Council of the Blind Texas State Convention Week" Proclamation declaring the week of September 16-23, 2006 as "United States Constitution Week Proclamation declaring the month of September as "National Alcohol & Drug Addiction Recovery Month" Proclamation declaring the month of September as " National Hispanic Heritage Month" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 12, 2006 10:00 A.M. PUBI,lC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROIIIS/TED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Mem"-rs 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 Ustfld desea dirigirse al Con cillo y cree que su ingles es limitado. habra un interprete ingles-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 361-826-3105) 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 Deacon Michael Mantz, Corpus Christi Cathedral. 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 T em Jesse Noyola Cou.iI Members: BrenfChesney Melody Cooper Jerry Garcia Bill Ketly Rex ttnnison John Marez Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1, Approval of Regular Meeting of August 29, 2006. (Attachment # 1) ~......,.- Agenda RegUlar Council Meeting September 12, 2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2 * Commission on Children and Youth Oil and Gas Advisory Committee Nueces County Community Action Agency Sister City 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 ffJllowing items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has bfJen 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 withdltwn for individual consideration in its normal sequence after the items not requirtlg separate discussion have been acted upon. The remaining items will be adOpted by one vote. CON MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES FRO PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving the purchase of a runway sweeper from Industrial Disposal Supply, San Antonio, Texas in accordance with Bid Invitation No. 81-0195-06, based on low bid meeting specifications for a total amount of $149,481. The runway sweeper will be purchased for the Aviation Department. Funds are available through the Airport CIP Fund, the Airport Capital CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regutar Council Meeting September 12, 2006 Page 3 Reserve Fund and the Airport Operations Budget. This unit is a replacement. (Attachment # 3) 4. Motion approving the purchase of a motor drive assembly from Walker Process Equipment, of Aurora, Illinois forthe total amount of $26,215. This drive assembly is a component of a clarifier unit located at the Oso Wastewater Treatment Plant. Funds are available through the FY 2006-2007 Wastewater Operations Budget. (Attachment # 4) 5.a. Resolution authorizing the City Manager or his designee to accept a grant from Wal-Mart Stores, Inc. in the amount of $1,500 to purchase equipment or supplies for Fire Station 13, in the General Fund Fire Department. (Attachment # 5) 5.b. Ordinance appropriating $1,500 received from Wal-Mart, Inc. into the General Fund Fire Department for the purchase of equipment or supplies for Fire Station 13; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing estimated revenues and appropriations by $1,500 each. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept a grant from United Way in the amount of $2,200 to purchase books and other library materials for the Janet F. Harte Public Library. (Attachment # ) 6.b. Ordinance appropriating $2,200 from United Way into the General Fund NO.1 020, Central Library Organization No. 12800 to purchase books and other library materials for the Janet F. Harte Public Library; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $2,200. (Attachment # 6) 7.a. Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth Development Program forthe 78415 ZIP Code for projects as recommended by the Community Youth Development Steering Committee for FY 2006-2007, Contract Period September 1,2006 through August31 , 2007. (Attachment # 7) .........."...'- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regutar Council Meeting Sept<<tmber 12, 2006 Page 4 7.b. Ordinance appropriating a $500,000 grant from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 ZIP Code for FY 2006- 2007, Contract Period September 1, 2006 through August 31, 2007 (Attachment # 7) 7.c. Motion authorizing the City Manager or his designee to execute a subcontract with the Boys and Girls Club of Corpus Christi in the amount of $56,100 to provide services for youth ages 6 to 17 in the 78415 ZI P Code. (Attach ment # 7) 7.d. Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Corpus Christi, Inc. in the amount of $196,224 to provide serVices for youth ages 6 to 17 in the 78415 ZIP Code. (Attachment # 7) 7.e. Motion authorizing the City Manager or his designee to execute a subcontract with Planned Parenthood of South Texas in the amount of $29,713 to provide services for youth ages 12 to 17 in the 78415 ZIP Code (Attachment # 7) 7.f. Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $39,800 to provide services for youth ages 14 to 17 in the 78415 ZIP Code (Attachment # 7) 7.g. Motion authorizing the City Manager or his designee to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000 to provide services for girls in the 4th and 5th grades in the 78415 ZIP Code. (Attachment # 7) 7 h. Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $31,839 to provide services for youth ages 12 to 17 in the 78415 ZI P Code. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Subrecipient Agreements for funds provided from the FY2006 Community Development Block Grant (CDBG) Program, Emergency Shelter Grant (ESG) Program and HOME Investment Partnerships (HOME) Program: (Attachment # 8) .........- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda RegLdar Council Meeting Septernber12,2006 Page 5 COBG Proaram: a. Boys and Girls Club of Corpus Christi - $100,000 for the construction of one soccer/flag football field and additional complex improvements at 3902 Greenwood Drive. b. Corpus Christi Hope House - $30,808 for the renovation and improvements of the living conditions for the residents at 658 and 630 Robinson Street. c. Corpus Christi Metro Ministries - $125,000 for the improvements to the Loaves and Fishes facility at 1906 Leopard St. d. Del Mar College Small Business Development Center - $150,000 for funds to expand the enhanced "Business Resource Center." e. National Archives and Historical Foundation of the American G. I. Forum of the United States - $250,000 Challenge Grant for the complete rehabilitation of the former office of Dr. Hector P Garcia at 1315 Bright Street. f. Nueces County Children's Advocacy Center Phase 1 - $100,000 Challenge Grant for the construction and, to house in one building, members of agencies required to conduct child abuse investigations at 2602 Prescott. g. Nueces County Community Action Agency - $80,000 for the weatherization and make modifications to homes of families of low to moderate income and families with disabilities. ESG Proaram For Homeless Activities: h. 911 Park Place, dba Mission 911 - $10,662 I. Catholic Charities - $13,000 j. Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $10.663 - CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 12, 2006 Page 6 k. Corpus Christi Hope House, Inc. - $13,000 I. Corpus Christi Metro Ministries, Inc. - $43,000 m. Mary McLeod Bethune Day Nursery, Inc. - $13,000 n. The ARK Assessment Center and Emergency Shelter for Youth -$13,000 o. The Salvation Army - $13,000 p. The Women's Shelter of South Texas - $20,000 HOME Program For Housing Programs: q. Community Development Corporation (CDC) - $250,000 for funds to assist approximately 14 families in buying down a new home through the down payment and closing cost program r. Cliff Maus Village Trust - $100,000 to replace water lines servicing the apartment building units on the property at 1438 West Point Road. s. Corpus Christi Metro Ministries - $125,000 for interior and exterior rehabilitation of Rainbow House located at 1906 Leopard St. t. Costa Terragona I, L TO - $150,000 for partial construction cost of a 250 multifamily apartment complex being built on 12.62 acres located between Interstate Highway 358 and McBride Lane. u. LULAC West Park Apartments (Trust) - $125,000 for rehabilitation of a 124 unit multifamily development at 10702 IH 37. v. Nueces Loft Apartments - $300,000 for the conversion of a historic downtown building from office space to rental apartments at 317 Peoples Street. ~-'-"-~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 12, 2006 Page 7 w. Nueces County Community Action Agency (CHDO) - $200,000 for funds to assist approximately 11 families for CAP Estates 11,111, provide down payment and closing cost assistance for families 80% or below the area median income. x. TG110 - Glenoak Apartments - $210,000 for the exterior and interior rehabilitation of the 68 low income housing development at 711 Glenoak. 9 Motion authorizing the City Manager or his designee to execute a twelve-month hardware maintenance agreement with the Texas Department of Information Resources, of Austin, Texas based upon the State's cooperative purchasing agreement in the amount of $29,217.12. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software. (Attachment # 9) 10. Resolution granting request of Fraternal Order of Eagles for property tax exemption under Texas Tax Code Section 11.184. (Attachment # 10) 11.a. Ordinance to appropriate $136,063.18 from the Municipal Court Judicial Improvement Fund in the General Fund to purchase two vehicles, hire temporary staff, and lease additional space for Municipal Court; amending Ordinance No. 026908 which adopted the FY 2006-2007 operating budget to increase appropriations by $136,063.18. (Attachment # 11) 11.b. Motion authorizing the purchase of two vehicles (police sedans- Crown Victoria or equivalent) from Philpott Motors (H-GAC purchase) in the amount of $24,000 each for the use by Municipal Court City Marshals. (Attachment # 11) 11.c. Motion authorizing the City Manager or his designee to execute a five-year lease with Wilson Plaza Associates, L.P., of Corpus Christi, Texas for an annual amount of $65,316 for additional courtroom office space for Municipal Court at Wilson Plaza East, Suite 113, 615 Leopard, Corpus Christi, Texas. (Attachment # 11 ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 12, 2006 Page 8 12 Ordinance to appropriate $213,093.79 from the Municipal Court Security Fund in the General Fund for Municipal Court facility security including three additional marshals, temporary security services, security equipment and building improvements; amending Ordinance No. 026908 which adopted the FY 2006- 2007 Operating Budget to increase appropriations by $213,093.79. (Attachment # 12) 13.a. Ordinance appropriating $439,644.01 from the Municipal Court Technology Fund in the General Fund for the purchase for the following items: 10 Crystal report software licenses, 1 TWAIN license, 8 scanner maintenance, 16 IP Phones, 4 laptops, 20 laser printers, 2 batch scanners, 3 copiers, 1 wireless ticket writer system, 18 digital cameras, 48 scanners, 26 electronic pen and pad units, 5 receipt printers, 75 personal computers, 1 laptop WiFi card, and courtroom audio recording software and hardware for Municipal Court technology improvements; amending Ordinance No. 026908 which adopted the FY 2006-2007 Operating Budget to increase appropriations by $439,644.01. (Attachment # 13) 13b. Motion authorizing the City Manager or his designee to execute a contract with Technovations, Inc., of San Antonio, Texas in the amountof$93,016.34forcourtroom audio recording software and services for Municipal Court. Technovations, Inc. is an approved Catalog Information Systems Vendor with the State of Texas and Procurement Commission. (Attachment # 13) 14. Ordinance amending the Code of Ordinances, Chapter 26, Junk Dealers, by adding a provision to require the showing of proper identification for all people selling junk as defined in the Chapter; providing for penalties. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a construction contract with Centennial Construction, Inc. in the amount of $38,607 for the Kiwanis Softball Field Improvements. (BOND ISSUE 2004) (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a construction contract with C.W. Campbell Electric of Corpus Christi, Texas, in the amount of $53,414 for the City Hall HVAC Chiller and Chiller Pump Alternate Power Project for the total Base Bid and Additive Alternate NO.1. (Attachment # 16) ~--- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regutar Council Meeting September12,2006 Page 9 1"7. Motion authorizing the City Manager or his designee to execute Change Order NO.5 to the construction contract with Big State Excavation, Inc. of Houston, Texas in the amount of $136,493.50 for a total re-stated fee of $1 ,245,691.01 for the installation of an emergency generator for the Country Club Estates Lift Station. (Attachment # 17) 18. Motion authorizing the City Manager or his designee to execute Change Order NO.2 to the construction contract with Big State Excavation Inc., of Houston, Texas in the amount of $240,572.66 for a total re-stated fee of $1,356,883.66 for additional costs incurred and a point repair allowance for the Sanitary Sewer Manhole Replacement Old Brownsville Road/Omaha Drive project. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute Amendment No. 3 in the amount of $36,000 with HDR Engineering, Inc. of Corpus Christi, Texas for the development of a Gas Rate Study. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute an engineering contract with Bath Engineering, Inc., of Corpus Christi, Texas in the amount of $60,000 for the development plans, specifications, bid and contract documents for Corpus Christi International Airport Terminal Chiller Replacement project. (Attachment # 20) 21. Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2006 Festival- September 20 - October 3,2006. (Attachment # 21) A. Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of Power Street (exclusive of the median crossover at Power Street) to Resaca Street, beginning at 9:00 a.m., Wednesday, September 20,2006 through 5:00 p.m., Tuesday, October 3, 2006; B. Southbound Shoreline Boulevard (full closure), from the south right-of-way of Resaca Street to the north right-of- way of Power Street, beginning at 9:00 a.m., Wednesday, September 20, 2006 through 5:00 p.m., Tuesday, October 3,2006; ,.,.,.....,--'- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regutar Council Meeting September 12,2006 Page 10 C. Northbound Shoreline Boulevard (full closure), between north right-of-way line of Power Street north to the end, from 5:00 p.m., Thursday, September 28, 2006 through 6:00 a.m., Monday, October 2, 2006; D. North Water Street (full closure), between Fitzgerald Street and Palo Alto Street from 8:00 a.m., Thursday, September 21,2006 through 6:00 a.m., Monday, October 2,2006; E. Palo Alto Street, east half between North Water Street and southbound Shoreline Boulevard; Fitzgerald Street between North Water Street and Shoreline Boulevard and Resaca Street between North Water Street and southbound Shoreline Boulevard from 8:00 a.m., Thursday, September 21, 2006 through 6:00 a.m., Monday, October 2, 2006. 22. Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (T xDOT) in the amou nt of $330,424 for the North Port Avenue project from IH 37 to US 181. (BOND ISSUE 2004) (Attachment # 22) 23.a. Ordinance abandoning and vacating a 1 ,535-square foot portion of a 1 Q-foot wide utility easement out of Lot 1, Alameda Center Unit 3, located southwest of the Robert Drive and South Alameda Drive street rights-of-way; subject to compliance with the specified conditions. (Attachment # 23) 23.b. Ordinance abandoning and vacating a 489-square foot portion of a 5-foot wide utility easement out of Lot 7 A, Block 2 and Lots 7C- 7F, Block 2, Alameda Estates, located just southeast of and adjacent to the Robert Drive street right-of-way; subject to compliance with the specified conditions. (Attachment # 23) 24.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by John Bratton, owner and developer of Kitty Hawk Unit 1 located east of County Road 41 and south of South Staples Street (FM 2444) for the installation of 466 linear feet of 12-inch PVC water grid main. (Attachment # 24) "lIlII!!I!IJI!----- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 12, 2006 Page 11 24.b. Ordinance appropriating $12,060.16 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the John Bratton reimbursement requestforthe installation of466 linear feet of 12-inch PVC grid main to develop Kitty Hawk Unit 1. (Attachment # 24 ) 25. First Reading Ordinance - Authorizing the City Manager or his designee to execute an Oil and Gas Lease with EOG Resources, I nc. on approximately 160 gross acres of land owned by the City of Corpus Christi near the Corpus Christi International Airport for a cash bonus bid of $26,140. $25.00 per acre delay rentals, 25% royalty, with a three yearterm, as may be extended indefinitely by continuing drilling operations. (Attachment # 25) I. PUBLIC HEARINGS: 26.a. Public hearing on a request for a variance to operate an establishment for the on-premise consumption of alcoholic beverages located at 1402 Rodd Field Road. (Attachment # 26) 26.b. Resolution granting a variance, under Section 4-5(f) of the Code of Ordinances, to RF1, Inc., dba Sports Chill & Grill, to operate an on-premise alcoholic beverage establishment located at 1402 Rodd Field Road. (Attachment # 26) ZONING CASES: (NONE) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 27. WorkSource of the Coastal Bend Quarterly Presentation (Attachment # 27) 28. Water Supply Status and Future Potential Projects (Attachment # 28) K. REGULAR AGENDA CONeOERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 29. Motion confirming the City Manager's appointment of Richard L. Hooks as Fire Chief. (Attachment # 29) ......'-..- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 12, 2006 Page 12 30. Motion to adopt an ordinance setting a tax rate of $0.602372 per $100 valuation. The ordinance prescribes the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2006 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. (Attachment # 30) 31 .a. Motion authorizing the City Manager or his designee to execute all documents necessary with the Unites States Department of Housing and Urban Development (HUD) to accept and implement the FY2006 Consolidated Annual Action Plan for Community Planning and Development (CPD) programs that include the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) programs. (Attachment # 31 ) 31.b. Ordinance appropriating $8,090,816 in the No. 1059 Community Development Block Grants Fund for the FY2006 Consolidated Annual Action Plan, which includes: (1) $4,962,506 for the FY2006 Community Development Block Grant program, which consists of $3,489,407 of entitlement funds, $800,000 of program income from housing loans, $28,356 of demolition lien program income, and $644,743 of reprogrammed funds; (2) $149,325 of entitlement funds for the FY2006 Emergency Shelter Grant program; and (3) $2.978,985 for the FY2006 Home Investment Partnerships program, which consists of $1,666,004 of entitlement funds, $25,570 of the American Dream Down Payment Initiative Grant, $438,306 of program income from housing loans, and $849,105 of reprogrammed funds, for approved community planning and development projects and activities. (Attachment # 31) 32. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement for disaster operations with the City of Port Aransas. (Attachment # 32) 33. Ordinance approving a transfer and appropriation of $1 ,400,000 from the Water 2006 Capital Improvement Program Fund No. 4090 into the Stormwater 2006 Capital Improvement Program Fund No. 3492 for projects related to the improvements and extensions to the Water, Stormwater, and Wastewater Systems; ~....,_. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 12, 2006 Page 13 amending the FY2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1.400,000. (Attachment # 33) 34.a. Motion authorizing the City Manager or his designee to award a construction contract with Garrett Construction, of Ingelside, Texas in the amount of $5,293,469.79 for the Mansheim Area Drainage Improvements Phases 2A-6A (revised and reissued for re-bid)/Bond 2004 Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook area project. (BOND ISSUE 2004) (Attachment # 34) 34.b. Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract with Rock engineering of Corpus Christi, Texas in the amount of $30,000 for the Mansheim Area Drainage Improvements Phases 2A-6A and Bond 2004 Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook area project. (BOND ISSUE 2004) (Attachment # 34) 35.a. Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contracting, LP dba Bay Ltd., of Corpus Christi, Texas in the amount of $5,110,082.40 for the Street Overlays City-wide project base bid. (BOND ISSUE 2004) (Attachment # 35) 35.b. Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract with Fugro Consultants, LP, of Corpus Christi, Texas in the amount of $53,100 for the Street Overlays City-wide project base bid. (BOND ISSUE 2004) (Attachment # 35) 36. Ordinance imposing a 30-day moratorium on the issuance of permits for the erection or construction of wind energy systems in the City of Corpus Christi. (Attachment # 36) 37. First Reading Oridnance - Approving the FY 2007 Capital Budget in the amount of $146,494,500. (Attachment # 37) .~.....,- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda RegulBr Council Meeting September 12, 2006 Page 14 M. 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 L.IMIT 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.) S; usted se dirige a la junta y cree que su ingles es Iimitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the 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 O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 12. 2006 Page 15 assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 38. CITY MANAGER'S REPORT * Upcoming Items 39. MAYOR'S UPDATE 40. COUNCIL AND OTHER REPORTS P. 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 2:30 p.m., September 8,2006. ~.. 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. ......---'-~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 .~,.,.,.~--, MINUTES CITy' OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 29,2006..10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Jesse Novola Council Members. Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez 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 David Stringer of All Saints' Episcopal Church and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of August 22, 2006. A motion was made and passed to approve the minutes as presented. * * T * X * * w ~ Mayor Garrett referred to Item 2 and the following board appointments were made: Park and Recreation Advisory Committee Russell Stowers (Reappointed) Dorrinda Garza (Reappointed) Buddy Sparks (Reappointed) W. Chuck Rushing (Appointed) . w * k * ~ * * * ~ Mayor Garrett called for consideration of the consent agenda (Items 3 - 30). City Secretary Chapa stated that Councilmember Noyola would be abstaining from the vote and discussion on Items 24,27, and 28. There were no comments from the public or the Council. A motion was made and passed to approve Items 3 through 30, constituting the consent agenda. City Secretary Chapa potled the Council for their votes as follows .~,....,_. Minutes - Regular Counc! Meeting August 29, 2006- Page ~ 3, MOTION NO, 2006-263 Motion approving a supply agreement with Texas Tire Recycling, Inc., of Baytown Texas for used tire disposal service in accordance with Bid Invitation No. BI-0179-06 based on only bid for an estimated annual expenditure of $82,500, 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 ~een budgeted by Solid Waste and Maintenance Services for FY 2006-2007, The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Kinnison Marez, Noyola, and Scott. voting "Aye". 4. MOTION NO. 2006-264 Motion approving a service agreement With OneSource Facility Services, Inc., of Corpus Christl Texas for custodial service for outlying police buildings in accordance with Bid invitation No. BI-0085-06 based on best value for an estimated annual expenditure of $25,464. The tenT of the contract will be for twelve months with an option to extend for up to two additional tweive-month periods subject to the approval of the supplier and the City Manager or his designee Funds have been budgeted by the Police Department in FY 2006- 2007, The foregOing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison. Marez, Noyola, and Scott. voting "Aye". 5. MOTION NO, 2006-265 Motion approving a service agreement with Office Communications Systems, of Corpus Christi. Texas for the lease of copiers in accordance with Request for Proposal Number BI- 0131-06 In the amount of $544,718.28, of which $168,368.78 is required in FY 2006-2007. The term of the service agreement will be for thirty-six 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. Copiers will be replaced in City Hall, the Police Department, MuniCipal Court acld Development Services. Funds are budgeted and available in the Stores Fund Police Department Municipal Court and Development Services for FY 2006- 2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6. MOTION NO. 2006-266 Motion approving the lease purchase of two rear steer brush loader trucks from Heil of Texas. of Houston, Texas based on the cooperative purchasing agreement with the Houston-Galveston Area Council (H-GAC) for the total amount of $241 ,580. These brush loader trucks will be used by Solid Waste Services and are replacements to the fleet. Funding will be provided by the City's lease purchase financing contractor, 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 COlinc' Meeting August 29,2006 - Page ~ 7. [v10TION NO. 2006-267 Motion approving supply agreements with the following companies for the following amounts In accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06- 4 for food items which Include canned and frozen fruit and vegetables, meats and condiments for ar estimated four month expenditure of $66,367.14. The terms of the contracts shall be forfour months with an option to extend for up to three additional months, sUbJecT to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his deSignee Funds have been requested by Senior Community Services n FY 2006-:20C7 LaBatt Fooe Service Corpus Chnsti. TX 87 items $28,385.81 PFG Victoria. TX 90 Items $37,981.33 Grand Total: $66,367.14 8. MOTION NO. 2006-268 Motion approving the purchase of thirty-eight (38) computers from Dell, of Round Rock, Texas for the total amount of $36,499. The award is based on the cooperative purchasing agreement with the Texas Department of Information Resources (DIR). The computers will be used by the Library Department. Funding is available through the Gates Foundation Computer grant. The foregOing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott. voting "Aye". 9. ORDINANCE NO. 026934 Ordinance authonzing the City Manager or his designee to execute a one year Lease and Use Agreement, with two twelve-month options to renew, with FJJ LLC, dba Frank and Jaime's City Cafe, of Corpus Chnsti, Texas, to operate a food service concession at City Hall kitchen facilities in consideration of FJJ LLC, dba Frank and Jaime's City Cafe, paying 8% of monthly gross sales up to $5.999 per month; 7% of monthly gross sales from $6,000 to $7,000 per 'l1onth and 6% of monthly gross sales above $7,000 per month. 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' 10.a. RESOLUTION NO. 026935 Resolution authOrizing the City Manager or his designee to accept a grant from the Department of State Health Services, in the amount of $22.500, for laboratory analysis of bay water samples. The foregoing resolution was passed and approved With the following vote: Garrett, Chesney, Cooper Garcia. Kelly Kinnison. Marez, Noyola. and Scott, voting "Aye". ~...'...'" Minutes - Regular Councl Meeting August 29, 2006 -- Page 4 1 D.b ORDINANCE NO. 026936 Ordinance appropriating a grant from the Department of State Health Services in the amount of $22.500 In the NO.1 066 Health Grants Fund for provide laboratory analysis of bay water samples. 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" 11.a. RESOLUTION NO. 02693-Z Resolution authOrizing the City Manager or his designee to accept a grant from the Department of State Health Services, in the amount of $79,140 to provide tuberculosis orevention and control services The foregoing resolution was passed and approved with the following vote: Garrett, Chesney Cooper. Garcia, Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye". 11.b. ORDINANCE NO. 026938 Ordinance appropriating a grant from the Department of State Health Services in the amount Jf $79140 In the No. 1066 Health Grants Fund to provide tuberculosis prevention and Gontrol services. 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, '.foting "Aye' 12.a. RESOLUTION NO. 026939 Resolution authOrizing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $202,923 for costs to provide essential public health services The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper GarCia, Kelly. Kinnison. Marez. Noyola, and Scott, voting "Aye". 12.b. ORDINANCE NO 026940 Ordinance appropriating a grant from the Department of State Health Services in the amount of $202,923 In the NO.1 066 Health Grants Fund for costs to provide essential public health services 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 August 29. 2006 - Page 5 13.a. RESOLUTION NO 026941 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation. Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 13.b ORDINANCE NO. 026942 Ordinance appropriating $4,49287 from the Corpus Christi Public Library Foundation, Inc. into the Library Capitai Improvement Program Fund No. 3210 for improvements to the Parkdale Branch L,brary; amending the FY 2005-2006 Capital Budget adopted by Ordinance No 026188 to increase appropriations by $4,492.87. 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" 14.a RESOLUTION NO, 026943 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc, which provides $23,650 to the City for the purchase of a digital library package for the library The foregoing resolution was passed and approved with the following vote: Garrett, Chesney Cooper Garcia, Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye". 14.b, ORDINANCE NO. 026944 Ordinance appropnating $23,650 from the Corpus Christi Public Library Foundation, Inc. into the General Fund No.1 020 Central Library Organization No. 12800 to purchase a digital library package for the library; amending the FY 2006-2007 Operating Budget adopted by Ordinance No 026908 to increase appropriations by $23,650. 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, Joting "Aye' 15.a. RESOLUTION NO, 026945 Resolution authOrizing the City Manager or his designee to accept a grant from United Way In the amount of $2,200 to purchase books and other library materials for the Greenwood Branch Library The foregoing resolution was passed and approved With the following vote: Garrett, Chesney, Cooper Garcia, Kelly. Kinnison Marez, Noyola, and Scott, voting "Aye". ~"-'- Minutes - Regular Council Meeting August 29 2006 _. Page 6 i5.b. ORDINANCE NO. 026946 Ordinance appropriating $2,200 from United Way into the General Fund NO.1 020, Central Library Organization No. 12800 to purchase books and other library materials for the Greenwood Branch Library; amending the FY 2006-2007 Operating Budget adopted by Ordinance No 026908 to Increase appropriations by $2,200. 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" 16.a. RESOLUTION NO 026947 Resolution authoriZing the City Manager or hiS designee to accept a grant in the amount of $157,060 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public library for state FY 2006-2007 The foregOing resolution Nas passed and approved with the following vote: Garrett, Chesney Cooper, Garcia. Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye". 16.b ORDINANCE NO. 026948 Ordinance appropriating $157,060 from the Texas State Library and Archives Commission Into the Library Grants Fund No 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state FY 2006-2007. 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' 17.a. RESOLUTION NO. 026949 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $710,821 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public library for state FY 2006-2007 The foregOing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper GarCia, Kelly Kinnison Marez. Noyola, and Scott, voting "Aye". 17.b. ORDINANCE NO. 026950 Ordinance appropnating $710.821 from the Texas State Library and Archives Commission .nto the Library Grants Fund No 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state FY 2006-2007. 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 August 29 2006 - Page 7 18.a. RESOLUTION NO 026951 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated l3rant Program adnlinistered by the South Texas Library System at the Corpus Christi Public c..ibrary for the state FY 2006-2007 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper,3ama, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 18.b. ORDINANCE NO. 026952 Ordinance appropnating $80,000 from the Texas State Library and Archives Commission nto the library Grants Fund No 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi PubliC Library for state FY 2006-2007 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" 19.a. MOTION NO. 2006-269 Motion authoriZing the City Manager or his designee to accept a grant from the Texas Health and Human Services Commission in the amount of $206,451 from the Child and Adult Care Food Program :CACFPl to prOVide after school supplements (snacks) to youth enrolled in approved after school enrichment programs for FY 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 19.b. ORDINANCE NO. 026953 Ordinance appropriating a grant In the amount of $206,451 from the Texas Health and Human Services Commission to operate the Child and Adult Care Food Program in the No. 1067 Federal/State Grants Fund to provide after school supplements (snacks) for youth enrolled in approved after school enrichment programs for FY 2006-2007. 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, foting "Aye' 19.c. RESOLUTION NO. 026954 Resolution authOrizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for the after school snack-Child and Adult Care Food Program. The foregOing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly Kinnison Marez, Noyola, and Scott, voting "Aye". .....,.-....-" Minutes - Regular Council Meeting August 29 2006 - Page 8 20. RESOLUTION NO 026955 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District regarding sharing of uvenile records The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, 3arcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 21. MOTION NO. 2006-270 Motion authorizing the City Manager or his designee to enter into a contract with Mercer Oliver Wyman Actuarial Consulting, Inc., of Milwaukee, Wisconsin in the amount of $30,000 for actuarial services for the Citys Health Insurance Program for Fiscal Year 2006 with an update based on "he six-month period ended January 31, 2007 as well as to provide actuanal services 1-' support of compliance with GASB 45 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 22. MOTION NO. 2006-271 Motion authorizing the City Manager or his designee to execute Right-of-Way, Access and Utility Easements in the total amount of $60,625 for acquisition of Parcels 17a, 17b, 19,20, and 22. containing a total of 22564.62-square feet (.5180 acres), all located along the south nght-of-way line of Wooldndge Road, west of Rodd Field Road, from the owner T. Mark Anderson, Trustee of the Anderson Family 1979 Accumulated Trusts, necessary for the Wooldridge Road Street Improvement ProJect, Phase 2 (#6266), Airline to Rodd Field, BOND 2004 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". 23. ORDINANCE NO. 026956 Ordinance authorizing the City Manager or his designee to execute a Revocable Right of Entry Permit with the United States of America ("Government"), acting through the Army Corps of Engineers, for the Defense Environmental Restoration Program at former Rodd Field Naval Air Station (now Bill Witt City Park); providing for term not exceeding 18 months, with termination at will by either party giving written notice; providing for removing hangar, concrete slab and surrounding security fence and restoring ground contour and establishing grass groundcove" providing for Government reconnecting utility lines and repairing, or settling for, all damage to City real property 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, \foting "Aye' ~."._... Minutes Regular Council Meeting August 29 2006- Page 9 24.a ORDINANCE NO. 026957 Ordinance appropnating $376.950 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for professional services associated with engineering and design of the West GA Apron and Drainage Improvements, Phase V at Corpus Christi International 4irport, funds will be reimbursed upon award of Federal AViation Administration Grant 38; amending FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $376 950 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye" Noyola abstained 24.b MOTION NO. 2006-272 Motion authorizing the City Manager or his designee to execute Amendment NO.5 to the Architectural/Engineering Services Contract with Pierce, Goodwin, Alexander and Linville PGAL, Inc, of Dallas, Texas :n an amount not to exceed $376,950 for the Corpus Christi International Airpor1 West General Aviation Apron Rehabilitation and Drainage Phase V Improvement Projects The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly. Kinnison Marez, and Scott. voting "Aye"; Noyola abstained. 25.a. MOTION NO. 2006-273 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Third Coast Real Estate. L.L.C., owner and developer of WM. J. Robertson's Farm Tracts, Lot 3, Tract 7 located south of Saratoga Boulevard (SH 357) east of Old Brownsville Road (FM 665) for the Installation of 126 linear feet of an 8-inch PVC water distribution rlair The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Kinnison. Marez, Noyola, and Scott voting "Aye". 25.b. ORDINANCE NO. 026958 Ordinance appropriating $14,340.35 from the Water Distribution Main Trust Fund No. 4030- 209020 to pay developer reimbursement request for the installation of 126 linear feet of an 8-lnch PVC water.jrid main to develop WM J Robertson's Farm Tracts, Lot 3, Tract 7. 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 Councl Meeting August 29 2006 _n Page 1 26. ORDINANCE NO. 026959 Ordinance authonzing the City Manager or his designee to execute a Use Privilege Agreement with Naismith Engineering, Inc, (Operator) for the rightto install, operate, repair, r-eplace, and maintain a 4-inch PVC pipe for the permitted discharge of treated groundwater from a leaking petroleum storage tank remediation system, located at 3030 Martin Luther King Drive, approximately 9-feet within the Nueces Bay Boulevard right-of-way to an existing :-:itv storm sewer inlet: establishlrlg a fee of $575 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" 27. ORDINANCE NO. 026960 Ordinance appropriating $1,488,093 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $1,055,309 into the Airport 2000A Debt Service Fund 4640 and $432,784 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $1,488,093; amending FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase revenues by $178,653 in the Airport 2000A Debt Service Fund 4640 and $124,634 In the Airport 2000B Debt Service Fund 4641. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, and Scott, Joting "Aye" Noyoia abstained 28. ORDINANCE NO. 026961 Ordinance authoriZing the City Manager or his designee to execute a Supplemental Lease Agreement with the United States of America General Services Administration to amend the lease dated December 4, 2003, to Increase rent paid to the City by $29,157.22, amortized over 30 months beginning September 1 2006 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Cooper Garcia. Kelly, Kinnison, Marez, and Scott, eloting "Aye": Noyola abstamed 29. ORDINANCE NO. 026962 Amending the ComprehenSive Plan of the City of Corpus Christi by amending the City of Corpus Chnsti Parks, Recreation, and Open Space Master Plan, as amended on June 21, 2005, by approving The Oso Creek - Oso Bay Greenbelt, Parks and Trails System Master Plan as part of the Parks. Recreation, and Open Space Master Plan, as amended on June 21 2005: providing for repeal of conflicting ordinances. (First Reading 08/22/06) 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 August 29. 2006 - Page l' 30. ORDINANCE NO. ;)26963 Amending the City s Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, the Master Plan for Sanitary Sewers 1963, and the 1965 Master Plan for Sanitary Sewers in ~Iour Biuff) and rescinding the portions of the master plans covered by Study Areas 1, 1A, 3 and 4 and by approving and adopting the Wastewater Collection System Master Plan, Oso /V RP Service Area, Study Area 1 and Laguna Madre WWTP Service Area Study Areas 'A 3 and 4 (First Reading 08/22/06) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: 3arrett:hesney, Cooper, Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye" ~ x * * ~ , * ~ * ~ ~ Mayor Garrett opened discussion on Item 35, the second reading ordinance repealing Ordinance No 026716, which closed a section of beach between Packery Channel and Padre Balli Park. City Manager Noe stated that the repeal of the ordinance would allow the beach access issue to be submitted to the voters in a proposed Charter Amendment on November 7,2006. Mayor Garrett called for public comment. The following indiViduals spoke against holding the election in November 2006: Bill Kopecky, 3609 Topeka; John Adams, 207 Katherine; Warren Fletcher. 3100 Santa Fe; J E. O'Brien, 4130 Pompano; Neil McQueen, 4213 Estate Drive; and Jack Gordy, 4118 Bray Mr Cliff SlaVik. 142 Whiteley, spoke In favor of a bollard system to address beach access issues In response to Mr.30rdy's comment about City Council elections, Mr. Chesney stated that he had Inquired about changing the Council elections to November, but the City Attorney had rendered an opinion that it was too late to change the Council election date at this point. He stated that the real issue was the election costs. He said that holding the election in November would not Increase the election costs for the citizens. rather, according to Nueces County, the election would cost the same regardless of whether the city participates or not. He also pointed out that 80 percent of Nueces County was comprised of Corpus Chnsti citizens, so they were already paying for the November election He said it was simply a matter of which entities would be paying the bills. Mr. Chesney also stated that he was opposed to a bollard system. Finally, Mr. Chesney spoke in favor of holding the election 'n November to resolve the issue as soon as possible. Mr Noyola also spoke in favor of a November election for the beach access issue because it would proVide a mandate on the issue. He also spoke in favor of holding City Council elections in November Finally. he spoke in favor of the bollard system, but he was not in the majority on this Issue. Mr Marez spoke in favor of the November election date for the beach access issue because ofthe larger turnout He noted, however, that he was opposed to repealing the ordinance because it set a bad precedent, since the Council had already repealed the ordinance twice. City Secretary Chapa polled the Council for their votes as follows ~.-.-._., Minutes- Regular Council Meeting August 29 2006 - Page 12 35. ORDINANCE NO. 026964 Repealing Ordinance No. 026716 regarding the elimination of vehicular traffic on the beach seaward of the Padre Island seawall and between Packery Channel and Padre Balli Park; the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing and regulating pedestnan safe beach establishing a pedestrian safe area. (First Reading )8/22/06) The foregoing ordinance was passed and approved on its second reading with the following \/ote Garrett, Chesney, Cooper. Garcia, Kinnison, Noyola. and Scott, voting "Aye"; Marez voting "No"; Kelly abstalnec Mayor Garrett opened discussion on Item 36, an ordinance amending the Council's prior election call by changing the election date to November 7,2006; and setting the ballot language for the two Charter Amendments. City Manager Noe stated that the proposed ordinance included the changes the Council made to the Charter Amendments during the first reading. He noted that Charter Amendment No. dealt with the closure of 7,200-ft. of beach to vehicular traffic, while Charter Amendment NO.2 was the proposition submitted by the petitioners. Mayor Garrett called for publiC comment. The following individuals were opposed to the last sentence in proposed Charter Amendment No.1, which stated that "The ordinance affecting the creation of a public pedestrian-safe beach is not subject to initiative or referendum": Bill Kopecky, 3609 Topeka: and Johnny French. 4417 Carlton City Manager Noe clarified that the sentence was included in the proposed language to prevent "double jeopardy regarding this issue. He said if the citizens voted in favor of this proposition, then the Council woulc have to adopt an ordinance to implement the trigger points and milestones for the proposed development. He said hypothetically, the citizens could attempt to petition against this ordinance, In effect forcing a second vote on the issue. City Attorney Fischer added that because of the petition effort, the city was prohibited from adopting an ordinance at this time regarding the proposed development's milestones and trigger points. She also added that the Texas Supreme Court supported the city's right to Include a Charter provision withdrawing the power of initiative and referendurn from the citizens on any subject Ms. Colleen Mclntvre, 13r 4 Three Fathoms. spoke against the use of a bollard system to restrict beach access Regarding the proposed resort development, Mr. Marez asked how many entrance and exit points would be available +rom the beach to the development Mr. Paul Schexnailder, representing the resort development, replied that at the north end (1 ,800-sq. ft), there would be a minimum of three boardwalks from the beach to the resort area At the south end, he said there would be an additional three entrance and exit points with 4,200 square feet of fully accessible property. Mr Marez stated mat he would iike the proposed Charter Amendments and the proposed resolution to Include consistent. uniform language. He preferred the term "vehicle free beach" to "pedestrian safe beach" ir all documents City Manager Noe replied that the two motions made last week accomplished two things narrowing the focus of Charter Amendment NO.1 and changing the language in Charter Amendment NO.2 to replace "public pedestrian safe beach" with "vehicle free beach He said the proposed ordinance reflected the language decided on by the Council. He said iftne Council wished to arlend the language, then they could make a motion to amend it. Mr. Scott pointed out that initially, the proposed Charter Amendments both used the same language, namely "public pedestrian safe beach". urtil Mr Marez made a motion to change the language in Charter Amendment No 2 '0 "Jet'iclefree beacr' last week City Manager Noe added that staff preferred Minutes- Regular Council Meeting August 29 2006 - Page 1 3 the term "public pedestrian safe beach' because the city's powers to maintain a pedestrian safe beach extended beyond limitations on vehicles. City Secretary Chapa polled the Council for their votes as follows: 36. ORDINANCE NO. 026933 Amending Ordinance No. 026717 to order a Special Election to be held on November 7, 2006, in the City of Corpus Christi on the questions of amending the Charter of the City of Corpus Christi to provide for a public pedestrian-safe beach between Packery Channel and Padre Balli Park and prohibiting any restriction of vehicular access in order to create vehicle- "ree beaches unless approved by a majority of qualified voters of the City who vote at an election held for that purpose; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early ;:Joiling places; designating polling place locations; authorizing a joint election with Nueces '~ounty and enacting provisions Incident and relating to the subject and purpose of this Jrdinance: and providing for the effective date of this ordinance. (First Reading 08/22/06) The foregoing ordinance was passed and approved on its second reading with the following Jote Garrett, Chesney. Coo pee Garcia, Kinnison Marez, Noyola, and Scott, voting "Aye"; Kelly abstained Mayor Garrett opened discussion on Item 37, a resolution outlining the Council's statement of policy regarding the beach access plan. City Manager Noe stated that the purpose of the resolution was to adopt the elements of Ordinance No. 026716 that are not included in the Charter Amendment language. He said the proposed resolution would be adopted and detailed in ordinance form if the voters approverj Charter Amendment No 1. and would also track the prior ordinance provisions City Manager Noe stated that Section 1 of the proposed resolution included a list of activities that would be restricted on the publiC pedestrian safe beach as follows: motorized watercraft; fires; camping; dogs/animals without a leash: and mobile vendors Mr Noe stated that additionally, Section 1 Included a description of the proposed beach access plan and amenities. including parking areas and facilities that were previously adopted, and definitions of 3D-space parking facility, restrooms, and amenities throughout the development. He displayed a map that included a slightly revised plan, with changes to the location of the restroom and fish cleaning station and the south parking lot He noted, however, that the plan was schematic In nature, and thus could be subject to final planning and design changes. City Manager Noe ,discussed the development's trigger points that must be met before the city implemented the public pedestrian safe beach He said the 4,200-square foot area in front of the concrete seawall, otherwise known as the "center area", would be implemented upon voter approval and GLO approval. In addition the resolution required that a Master Plan be developed for the area Regarding the North end of the development, he said one of the trigger points required the start of substantial vertical construction of first phase improvements with an appraised value or a market value of $75,000,000 Regarding the South end, he said one of the trigger points required that the installation of mfrastructure to support the 400 residential units, hotel, and the start of verticai construction in that area. Finally. he said the resolution Included a provision that if the development on the Soutt- end of the development was completed first, then the North end must meet the reqUired trigger pJints within five years or the city can recapture the pedestrian safe beach. (~ouncllmember Noyola pointed out that the resolution also Included provisions for a people mover system and free parking m any city-constructed parking lots .........".......,. Minutes - Regular Counci Meeting August 29. 2006 - Page 14 Mr Chesney emphasized that the 4,200-square foot portion in front of the seawall was not tied to any development tngger points; rather, the trigger points applied to the roughly 3,000-square feet south of Packery Channel and north of the seawall and Padre Balli Park. In response to Mr. Chesney's question, Mr. Noe stated that the proposed amenities (e.g. showers and restrooms) were tied to the implementation of the pedestrian safe beach. In other words, he said the City could not close the beach to vehicular traffic unless the amenities were in place. Mr. Chesney also emphasized that the proposed areas would have 735 parking spaces. Combined with the proposed amenities and ADA access. he said the city was making every effort to make the area accessible to the publiC There were no comments from the public. City Secretary Chapa polled the Council fortheir votes as follows 37. RESOLUTION NO. 026965 Resolution outlining the terms of the beach access plan for the approximately 7,200-foot public pedestrian-safe beach between Packery Channel and the north boundary of Padre Balli Park upon aporoval of the public pedestrian-safe beach by the voters. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney Cooper. GarCia, Kinnison. Marez. Noyola, and Scott, voting "Aye"; Kelly abstained. Mayor Garrett referTed to Item 31 and a motion was made, seconded, and passed to open the public hearing on the proposed ad valorem tax rate increase. Assistant City Manager Oscar Martinez stated that the proposed tax rate of $0.607406 per $100 valuation honored the Council's poticy of maintaining the effective tax rate for M&O and leaving the debt service rate constant. He said the proposed tax rate was the lowest rate since 1991 and the lowest M&O rate since 1983. In addition he pointed out that staff was not presenting the rate of $0.607 that was proposed in the budget: rather. to comply with the financial policies. staff was proposing a rate of $0.602 per valuation to obtain the effective ta>: rate on M&O Mayor Garrett called for public comment Mr. J.E. O'Brien, 4130 Pompano, questioned whether the city was actually providing tax decrease. and suggested that the city increase their homestead exemption to 20 percent like Nueces County. Mr. Hector Guardiola, 416 N. Chaparral #2{)5, spoke ir support of the proposed ad valorem tax rate. A motion was made, seconded, and passed to close the public hearing. Mayor Garrett made the following statement "During the September 12.2006 Council meeting, beginning at 10:00 a.m. at City Hall the City Council will vcte on the proposed tax rate". * x ~ * w * ~ * * * . * Mayor Garrett referred to Item 32 and a motion was made, seconded, and passed to open the public hearing on the FY2007 Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez stated that the Planning Commission approved the proposed FY 2007 CIP Planning GUide at their last meeting. He explained the CIP Planning Process timeline as follows: Long-range CIP - four years; short-range CIP - three years; and annual capital budget one year Mr Martinez covered the highlights of the FY 2006-07 Capital budget. First, he said the .... Minutes- Regular Council Meeting August 29 2006- Page 1S budget included $146.5 millon in expenditures. Second, he said Water and Wastewater rates were increased 5.75 percent to continue needed infrastructure improvements, which included an additional one percent to fund Bond 2004 projects He said a meter charge was added to the Gas Rate Structure In lieu of a rate Increase Third, he said the seawall Improvements were scheduled for completion in January ~'007 Mr Martinez discussed a number of current significant issues regarding the FY 2006-07 Capital budget First, he said the budget included funding for the continuation of capital projects approved In prior years including 2004 voter-approved projects. Second, he said the budget provided for continuationJf funding to maintain and upgrade utility infrastructure for continued growth Third. he said the budgetncluded capital improvements for streets. Fourth, he said the budget Included the continuation of the Southside Transmission Main project. Fifth, he said the budget Included maximizing the wastewater treatment plant expansion. Mr Martinez displayed a pie chart illustrating the FY 2007 Capital Budget revenues. He pointed out that the $35 mllion In funding for G.O. Bonds plus the $76 million in Commercial Paper comprised 81 oercent of the finanCing for capital projects. Mr Martinez displayed a pie chart illustrating the FY 2007 Capital Budget expenditures. He noted that 81 percent of expenditures were comprised of Water, Wastewater, Storm Water, and Street improvements Mr Martinez briefly discussed the short-range CIP revenues from FY 2007 to FY 2009. He noted that the short-range revenues decreased in FY 2009 primarily because old general obligation debt was falling off. which increased the city's financing capacity in the future. Mr Martinez bnefly discussed the short-range CIP expenditures from FY 2007 to FY 2009. He pointed out that some of the larger areas of growth in FY 2008 were comprised of expansions to the wastewater (Le Broadway Plant) and water (Souths ide Transmission Main, O.N. Stevens) systems. Mr. Garcia asked questions about the city's water supply system on the Southside. Mr Martinez reviewed the Airport short-range CIP program. He said approximately $11.5 million was budgeted in the first year over the three-year period, he said $12.3 million was budgeted He said the Airport's proposed CIP focused on asphalt overlay, drainage improvements, and lighting improvements on their pnmary and secondary runways. Mr Martinez reviewed the Park and Recreation short-range CIP program. He said the first through third year program was budgeted at $5 8 million because it was being funded primarily through Bond 2004 Mr Martinez brleflv discussed the public facilities short-range CIP program. He said $1.2 million was budgeted in Year 1 the three-year program was budgeted at $4.5 million. Mr. Martinez covered the publiC health and safety short-range CIP program. He said $8.6 million was budgeted in the Year A. the three-year program was budgeted at $20.2 million. Mr Martinez reviewed the Streets short-range CIP program. He said $32 million was budgeted in Year i the three-year program was budgeted at $64 million. Mayor Garrett asked for an update on streets projects funded through Bond 2004. Mr. Noe said staff would provide an update soon Council rlembers asked questions about increasing the RTA's and TxDOT's contributions toward street improvements Mr Martinez reviewed the (3as Short-range CIP program. Council members asked questions Minutes -- Regular Council Meeting August 29, 2006 - Page 16 about reinstating the rebate program to encourage home builders to install gas line in homes. Mr Martinez reviewed the Storm Water short-range CIP program. He said $31.6 million was budgeted in Year 1 the three-year program was budgeted at $69.7 million. He noted that the proposed budget '-eflected the Council's $55 million funding commitment in storm water Improvements Council member Kelly stated that he had recently been informed that FEMA had declared the Douglas neighborhood to be in a flOOd zone because their area had flooded numerous times. Consequently, he said the residents' insurance rates had tripled, making their homes difficultto sell. Mr. Kelly asked staff to consider funding Phase 2 of the relief ditches project in this year's budget to address the problem City Engineer Angel Escobar replied that the relief ditches project, also known as Storm Water Project Nc 32. addressed drainage problems in the Tuloso/Suntide area. He said that a $153,000 contract was awarded In July for Phase 1 of the project. He confirmed that the Phase 2 project cost was approximatelY $140,000, he said $100,000 was scheduled in CIP Year 2 (FY 2007-08). but no funds were allocated in this fiscal year Mr Kelly asked staff to make recommendations on how to fund Phase 2 of Storm Water Project No. 32 in the FY 2006-07 CIP Assistant City Manager Martinez replied that staff had recently updated the utility rate model with regard to funding utility projects. He said the update was not reflected in the document yet, but it may provide the funding needed to fulfill Mr. Kelly's request. He said staff would review the matter, and come back with recommendations. Mr Kelly noted that one of the problems In the Douglas neighborhood was redirected water and the acceleration of water from the warehouse development on Suntide near the subdivision. He asked if the owner of the developer bore any responsibility to address the drainage problems in the neighborhood City Engineer Escobar replied that staff met with representatives from the Douglas subdivision and the developer. He said the developer had agreed to work with the city to address the drainage problems. In addition Mr Escobar stated that the Storm Water Master Plan was also a way to address drainage problems Citywide He said Phase 2 included the construction of additionalmlets that would run In front of his property along Suntide Thus, he said staff was hoping he would participate In funding these improvements Mr Keily asked when the Storm Water Master Plan would be ready. Mr. Escobar replied that staff would be presenting the master plans design criteria guide In October. In addition, he said staff had three more meetings scheduled with the Development Services Advisory Group (DSAG) to discuss the plan He antiCipated that staff could present their recommendations in October. Mr Kelly observed that flooding in older neighborhoods appeared to be a citywide problem. He noted that the city continued to plat lots in areas prone to flooding. He stated that the Council needed to review the proposed Storm Water Master Plan as soon as possible. Mr Kelly asked If trie city could contact FEMA once the improvements were made to see if they would change the Douglas neighborhood's status as a flood plain. Mr. Escobar answered affirmatively Mr Martinez discussed the Wastewater short-range CIP program. He said $28.8 million was budgeted in Year 1 $142.3 million was budgeted through Year 3. He said improvements were as follows enhancements at :3reenwood WWP, Allison WWP, and the design and construction of the new Broadway WW P Mr Martinez reviewed the Water short-range CIP program. He said $21.8 million was oudgeted ;n Year 1 $93 million was budgeted through Year 3 He said the planned capital ,~.,.,.- Minutes - Regular Councl Meeting August 29 2006 - Page 17 Improvements included the following proJects: Phases 5, 6, 7 & 8 of the Southside Transmission Main; and an elevated storage tank on the Island Finally, Mr Martinez provided a brief update on the Water Supply short-range CIP program. He said $973,000 was budgeted In Year 1, $5 million was budgeted through Year 3. He said the planned improvements included the following projects maintain water supply facilities; provide additional facilities tor supply sources regional groundwater study; and options for the Garwood Pipeline Mayor Garrett called for public comment. The following individuals spoke in favor offunding storm water improvements for the Douglas neighborhood in the FY 2006-07 CIP: Sandy Cupp, 817 Barrogate Jim Miller 1906 Tuloso Road James Goldston, 502 Barracuda; in response to Cou'lcilmember Garcia's questions, City Engineer Escobar stated that the city had hired a consultant. Mr Randy Thompson, who prepared a report on the flooding problems in that area. He said the report's finding identified six phases of improvements that were needed to address the problems Thus, he said expediting Phase 2 of the improvements would alleviate some of the flooding, but ,t was lOt the total solution. Assistant City Manager Ron Massey added that Phase 1 and Phase 2 wOLid address the most immediate bottlenecks in the system. Mr Noyola spoke i'l favor of fOCUSing more funding on storm water improvements in older neighborhoods Mr Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. >... **** ~>("1f "'''''7 Mayor Garrett called for a brief recess to present proclamations. , . * *' * * * ~. ~ . . * ~ Mayor Garrett opened discussion on Item 38, regarding a short-term and a long-term lease for use of the Mary Carroll House. Special Assistant to the City Manager Tom Utter reported that in 2005, Mr. Jim Charnquist, a local developer with a project in the Tancahua/Caracahua area, offered to donate the historic Mary Carroll House to the city He said the city accepted the donation and relocated the Mary Carroll House to a location on Mesquite Street, immediately west of Heritage Park. He said since the i'louse, named after an Important CCISD educator, was special to the CCISD school distnct, staff approached the District to determine if they had an interest in leasing the property Consequently, he said the Corpus Christi Education Foundation had come forward to renovate the house using it as their headquarters Mr Utter stated that the Foundation planned to renovate the house as a construction trades laboratory student project, using CDBG funding. He said the grant funds would be used to acquire material and supplies for the interior and exterior maintenance of the house, with labor and expertise provided through a collaboration of CCISD Building Trade students and private sector sponsors. He said the students would work on the home as part of an ongoing school project. Mr. Utter said the Foundation also offered to use the same process to perform maintenance on the other structures in Heritage Park Finally. Mr Utter stated that the Foundation had developed an impressive list of partners for the project Mr Utter said that to move forward as quickly as possible, staff was proposing both a one- year and a ten-year lease. He said the one-year lease would terminate at the effective date of the beginning of the ten,vear lease He said the terms of the lease are unique in that this will be the first ..~....,~-"",," Minutes- Regular Council Meeting August 29. 2006- Page 1 f structure in Hentage Park where the utilizing organization not only performs the renovation, but also assumes all costs and duties of continued maintenance on the property. Corpus Chnsti Education Foundation President Larry Elizondo spoke in support of the project. He briefed the Council on the Foundation's history and goals. He also introduced a group of Career and Technology students from Moody High School that was in the audience. Ms Patty Garcia, CCISD Community Development Coordinator, provided information on the draft timeline and plans for the Mary Carroll House project. She also provided a list of the many public sector partners (~ouncilmembers t\ioyola and Garcia spoke in support of the project, saying the students would benefit tremendousl,! from thiS real-world experience. Mr. Noyola asked if the project could be expanded to include other school districts. Mr Utter stated that program could be expanded in the futu re Councllmember Scott asked the City Manager to inform Mr. Charnquist about the city's plans forthe Mary Carroll House There were no comments from the public. City Secretary Chapa polled the Council for their votes 3S follows 38.a. ORDINANCE NO. )26966 Ordinance authoriZing the City Manager or his designee to execute a one year lease agreement with Corpus Christl Education Foundation ("Lessee") for use of Mary Carroll House at Heritage Park in consideration of Lessee securing all labor to fully restore the house and landscape the grounds: and Lessee maintaining the premises and improvements: ana Lessee using its best efforts to develop and maintain a building trades educational orogram to maintain the exterior of the structures at Heritage Park. 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" 38.b FIRST READING ORDINANCE AuthOrizing the City Manager or his designee to execute a ten year lease agreement with Corpus Christi Education Foundation ("Lessee") for use of Mary Carroll House at Heritage Park in consideration of Lessee securing all labor to fully restore the house and landscape the grounds. and Lessee maintaining the premises and improvements; and Lessee using its best efforts to develop and maintain a building trades educational program to maintain the exterior of the structures at Heritage Park; providing for one five (5) year renewal option. The foregoing ordinance was passed and approved on its first reading with the following Jote: Garrett Chesney Cooper Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting 'Aye" . ^ . * w ~. ~ T ~ * X y * Mayor Garrett called for petitions from the audience. Mr. Foster Edwards, the Convention and Visitors Bureau (CVB) Board chairman, thanked Ms. Debbie Lindsey-Opel for serving as the CVB's interim CEO. He also introduced Mr. Keith Arnold, who would be replacing her as interim CEO. Finally. Mr Edwards provided copies of a report on the economic impact of the USBC Open Championship on the cit'y preoared bv Dr. Jim Lee of Texas A&M-Corpus Christi. He said the """""".- Minutes-- Regular Council Meeting August 29 2006.- Page 1 S; reS\Jlts would be reported to the community in a press conference scheduled at 2:00 p.m. today. He thanked the Council for their support Mr Warren Fletcher 3100 Santa Fe, spoke regarding an alleged case of police brutality that occurred on July 17 incident. Chief of Police Bryan Smith briefed the Council on the Police department's investigation regarding M,- Fletcher's complaint, as well as the Army sergeant's complaint ;rom last week. Mr J.E O'Brien. 4' 30 Pompano, spoke in support of reinstating the city's internal auditor position and also spoke in favor of returning the Columbus Fleet debt to the CVB. Mr Hector Guardiola, 416 N. Chaparral #205, congratulated the new Police Chief Bryan Smith and Councilmember Kelly for- their efforts to ensure the safety of downtown residents. Mr Gene Pasahow 4018 Kingston. speaking on behalf of the Senior Corpus Christi League, requested new fencing for the Kiwanis Field. City Engineer Escobar briefed the Council on the status of thiS and other repairs to the field Ms Camm Dougr,erty. 2306 Mercury, asked the Council to consider rescinding the ordinance amending the sign ordinance by adding Northwest Boulevard to the list of arterials with coUector status, citing the lack of public comment on the issue. City Attorney Fischer stated that she would review the issue anc report back to the Council City Manager Noe said he would notify Ms. Dougherty about the resul1s. ~ * ~ * * ~ ~ * * * ~ Mayor Garrett announced the executive sessions, which were listed on the agenda as follows. noting that Item 45 was withdrawn 41. Executive session under Texas Government Code Sections 551.071 and 551.072, to consult with attorneys regarding legal issues relating to a proposed groundwater project with the San Patricio Municipal Water District, and deliberate about Real Property, with possible discussion and action related thereto in open session. 42. Executive session under Texas Government Code Section 551.072, deliberations about real property and Section 551.087, deliberations regarding economic development negotiations, as it relates to Coliseum Redevelopment, with possible discussion and action related thereto 'n open sesslor 43. Executive session .Jnder Texas Government Code Section 551.071 regarding fire collective bargaining negotiations with possible discussion and action related thereto in open session. 44. Executive sessior under Texas Government Code Section 551.071 regarding police :ollective bargainirig negotiations with possible discussion and action related thereto in open session 45. WITHDRAWN Exeouti'/e session under 551.071 of the Tex3s Government Code for deliber3tions reg3rding the eV31untion of the City M3n3ger, with possible discussion :md 3ction relnted thereto in open session The Counc! went nto executive session Minutes- Regular Council Meeting August 29 2006 - Page 2C} ~ ~ * ~ ~ * * * * * * ~ The Council returned from executive session. Mayor Garrett opened discussion on Item 39 regarding the North Beach Area Improvements project. Assistant Director of Engineering Services Kevin Stowers stated that the staff was requesting the Council's authorization of two construction contracts The first contract, in the amount of $137,925.24, was with Nuway International Inc. for Base Bid A and Additive Alternate A"1. The second contract, in the amount of $250,059.90, was with Garrett Construction for Base Bid B and Additive Alternate B 1. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 39.a. MOTION NO. 2006-274 Motion authorizing the City Manager or his designee to execute a construction contract with Nuway International, Inc, of Corpus Christi, Texas in the amount of $137,925.24 for the North Beach Area improvements for Base Bid A and Additive Alternate A 1. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly. Marez, and Noyola. voting "Aye"; Kinnison and Scott were absent. 39.b. MOTION NO. 2006-275 Motion authoriZing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $250,059.90 for the North Beach A.rea Improvements for Base Bid B and Additive Alternate B1. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Marez, and Noyola voting "Aye"; Kinnison and Scott were absent. Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 33 a quarterly report on the city's ADA Title II Transition Plan and Non-Discrimination Ordinance. Director of Human Relations Leon Bazar reported on accessibility improvements in public facilities He said the Engineering Services department had completed the barrier-removal project for accessibility within 26 city public facilities. In addition, he said the Committee for Persons with Disabilities, working with Engineering services, had reviewed the street and curb ramp work Identified in the Transitior Plan, and completed Its recommendations on the downtown project proposal Mr Bazar discussed accessibility improvements In public programs. He said the Police department had completed training of Citizens Academy volunteers and initiated the implementation of an ADA Parking Monitor program He said an average of eight volunteers had generated approximately 150 ADA-related parking citations in a 2-1/2 month period. Mr. Bazar said Police Chief Bryan Smith and Judge Rudy Tamez would update the Council on the program status. Mr Bazar discussed accessibility Improvements in site development. He said one Human Relations staff member attended the State of Texas Academy on Accessibility Standards, bringing the total number of trained employees to seven. In addition, he said TDLR was expected to conduct a mini-course in October fJr local architects and additional city employees. Mr Bazar reoortec on accessibility improvements in outreach. He said Human Relations ~ Minutes- Regular Council Meeting August 29 2006- Page 2' continued to tram new employees, Customer Service trainees, and Supervisory Training participants in diversity awareness, sensitivity training and People First language. He also stated that Human Relations had reviewed and provided technical assistance for the Sail-Away program and Miracle League baseball field. Finally, he said they had coordinated a UDC hearing for representatives of persons With disabilities Mr Bazar reported on accessibility Improvements regarding citywide curb ramps. He said the city currently had 33 ADA curb ramp projects or ADA related path of travel projects under Bond 2004. As of June 30 200E he said 14 were in deSign phase six were under construction and 13 had been completec Mr Bazar reporteej on the ADA complaints filed under the city's Non-Discrimination Ordinance He said a total of 217 complaints were filed based on disability as follows: three on places of public accommodation (publiC businesses); one referral to other governmental entities; 207 complaints on city publiC facilities and program (16 regarding automated trash pick up services); and six complaints for other sidewalk obstructions and accessible paths of travel issues. Mr Bazar brlef!y covered the Human Relations department's responsibilities regarding EEOC and HUD Fair Housing Act enforcement. He said 33 EEOC employment discrimination complamts were filed during this quarter; of the 33 complaints. six were No Fault settlements. He said the statute/basis for the discrimination charges were as follows sex -44 percent; race/national origin - 39 percent; and ADA - 33 percent. Finally. he discussed the department's EEOC outreach efforts. Regarding the HUiJ Fair HOUSing contract he said the department closed three HUD Fair Housing cases this quarte' Mr Bazar introduced Ms. ::rystal Lyons, Human Relations Commission chairman, who updated the CounCil on the commission's activities and focus issues. Mr. Bazar provided an update on the activities and focus areas of the Committee for Persons with Disabilities. Ms. Lyons stated that Ms L:nda Falwell-Stover, chairman of the Committee for Persons with Disabilities, would also provide a written report or their progress The next presentation was Itern 34, a report on the FY 2005-06 Neighborhood Initiative Program "NIP" progress report and Neighborhood Pride Program sustainability efforts. Ms. Yvonne Haag, Director of Neighborhood Services, reviewed the locations of NIP neighborhoods #1-10, undertaken in FY 2003-2:)05. She then provided an update on NIP areas 11-15, which were undertaken in FY 2005-06 She said NIP #11 bounded by Old Brownsville, Morgan, Osage, Highland, S. Port, and Greenwood Roads, was undertaken from September 13 to October 12, 2005. She said NIP #12 bounded by Nueces Bay Blvd. W. Broadway, N. Port, and IH-37, was undertaken from October 25 to Nov. 17 2005. She said NIP #13, bounded by S. Port, Agnes, Crosstown Expressway, a1d Morgan Streets, was undertaken from January 10 to February 2,2006. NIP #14, oounded by Waldron Road, NAS Skipper, Laguna Madre and SPID, was undertaken from March 21 to April 18. 2006 Finally she said NIP #15, bounded by Baldwin, Crosstown Expressway, Morgan S Stapies and A,yers Road was undertaken from May 16 to June 8, 2006. Ms. Haag briefly llentloned the NIP Action team members as follows: Development Services, Engineering, Fire, Gas, Health/Animal Care, Human Relations, Code Enforcement, Police, Parks and Recreation. SOlid Waste, Street, and Storm Water Ms. Haag discussed the NIP's current funding and resources. She said $400,000 in CDBG funding was allocated to cover costs for code enforcement officers, project coordinator, and part- time admmistratlve staff salaries, as well as lot clearing, mowing and board-ups. She said an estimated $1 5 million in C;eneral Fund and Utilities funds also covered program costs. Minutes- Regular Council Meeting August 29. 2006 - Page 2:> Ms. Haag reviewec the components of the NIP Action Plan and timeline as follows: pre- assessment; neighborhooc meeting; develop customized Action Plan; and establish Neighborhood Outreach Center. She also briefly mentioned the special activities included in Action Plan, such as Patnt with Pride and rabies clinics Ms Haag described the post-assessment and evaluation period, which included a progress report and celebration meeting Ms. Haag provided a progress report on NIP Sites 11-15, highlighting the following aspects: police/directed patrol- 599 traffic citations issued, 175 arrests made; code enforcement - 550 lots mowed and cleared, 750 aoandoned/junk car cases; Solid Waste - 887.52 tons of trash collected; Streets- 88 residential streets serviced, Engineering services - 450 traffic vision obstructions resolved 124 street lights replaced; Health/Animal Care - 136 animals impounded; and Storm Water 594 inlet Inspections, 61.62 tons of debris removed. Ms Haag provided a brief update on the Neighborhood Pnde Program, the sustainability effort for the NIP. In response to Councilmember Garcia's question, Ms. Haag stated 50 percent of NIP Sites 1 to 15 had sustamed the Improvements since 2004. Mr. Garcia asked what the city could do to increase the participatior rate. Ms Haag replied that staff was increasing their education efforts. Ms Haag announced the list of five recommended neighborhood sites for the FY 2006-07 NIP as follows Site 16 - bounded by SPID, Kostoryz, Holly, and Ayers (Sacky) - Sept. 11 to Sept. 29,2006; Site 17 - bounded by Ayers, Baldwin, S. Staples, Annapolis, and Fannin (Sam Houston)- Oct. 9 to Oct 27, 2006; Site 18-. bounded by Ayers, Horne, Kostoryz, and Gollihar (ABC Streets)- Jan. 8 to Jan. 26 2007 ard Site 19 - bounded McLeod, Bartlett, Old Robstown, S.W. & N. Saxet, Brooks and Wilson n Feb 5 to Feb 23,2007; and Site 20- bounded by Ayers, Gollihar, SPID, and Kostoryz (ABC Streets - .'.\pnl 9 tc Apri! 27, 2007 Ms Haag briefly described the Site Selection process Council member Marez asked why the Del Mar College campus was included in the boundaries of NIP Site 17 He felt Del Mar should be excluded from the boundary, and the boundaries expanded to include the area near Sam Houston He believed this would create more cohesiveness between NIP Sites 17 and 18. Ms. Haag replied that Del Mar College was included more as a community partner; she emphasized the College would not receive any city services. She said however. that staff would review the boundaries as requested Mr Kelly asked staff to review the boundanes of NIP Site 19, because it appeared that one block had been carved out of the boundaries. Ms. Haag replied that it might be a vacant lot, but said she would look into It In conclUSion. Ms. -laag thanked the city's community partners fortheir assistance in making the program a success ~ ~ * * ~ ~. ~ ~ * * ~ * Mayor Garrett opened diSCUSSion on Item 40 regarding contracts for Phases IV and V of the Runway 17/35 and related Improvements. Assistant Director of Engineering Services Kevin Stowers stated that the three-part item included an appropriation of $500,000 from the Airport Capital Reserve fund, and construction contract awards with Bay Limited; and PSI, Incorporated. There were no comments from the audience City Secretary Chapa polled the Council for their votes as follows - Minutes - Regular Council Meeting August 29. 2006- Page 23 40.a. ORDINANCE NO. 026967 Ordinance appropriating $500,000 from the Airport Capital Reserve Fund 4611; transferring to and appropriating in the Airport Capital Improvement Program Fund - Capital Reserve i=und 3020A for the Corpus Christi International Airport Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads. Slgnage and Airfield Drainage Improvements, Phase IV and Corpus Christi International Airport Apron Phase II Westside (Parking) Project; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $500,000 amending FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to ncrease appropriations by $500 000 A.n emergency was declared, and the foregoing ordinance was passed and approved with the following vote: C3arrett, Garcia. Kelly, Kinnison. Marez, and Scott, voting "Aye"; Chesney and Cooper were absent: Noyola abstained 40.b. MOTION NO 2006-276 Motion authorizing the City Manager or his designee to execute a construction contract with Bay Limited. of Corpus Christi Texas in an amount not to exceed $9,678,617.40 for the Corpus Christi International Airport Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads, Signage and Airfield Drainage Improvements Phase IV and Corpus Christi nternationai Airport Rehabilitation Air Carrier Apron Area. The foregolrlg motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison. Marez. and Scott voting "Aye"; Chesney and Cooper were absent; Noyola abstained 40.c. MOTION NO. 2006-277 Motion authorizing the City Manager or hiS designee to execute a Geotechnical Services Contract with Professional Services Industries, Inc. (PSI), of Corpus Christi, Texas in an amount not to exceed $70578 for the Corpus Christi International Airport Runway 17/35 Improvements, Shoulders, lighting, Blast Pads, Signage and Airfield Drainage improvements, Phase V and Corpus Christl International Airport Rehabilitation Air Carrier Apron Areas The foregOing mOtion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison Marez, anc Scott. voting "Aye" Chesney and Cooper were absent; Noyola abstained Mayor Garrett called for the City Manager's report. City Manager Noe reported that Assistant Fire Chief Rick TreVinO had been mobilized on Monday as part of the 17-memberTexas Task Force 1 Urban Search and Rescue team. He said the team would be deployed as a precautionary measure to assist in preparations for Tropical Storm Ernesto. Mr. Noe stated that six members of the Fire Department were members of the team. but Chief Trevino was the only member who had been mobilized at this POI!1. City Manager Noe announced that the city was hosting the State Recycling Conference on Aug. 28 -30, Omni Bayfro'lt Hotel. The city expected approximately 300 attendees. City Manager Noe reported that the following Items were scheduled for consideration on ~--..,,- Minutes - Regular Council Meeting August 29. 2006 - Page 24 Septem ber 12 ad valorem tax rate adoption; interlocal agreement with Port Aransas for emergency operations support; and renewal of agreements with CCISD and other organizations for refuges of last resort program dUring '3 hurricane Mayor Garrett reported that he had received calls regarding the Latchkey program at Prescott Elementary saying that the program may be discontinued due to lack of participants. He said the program currently 'lad 13 participants, and the parents were concerned that they would lose the assistance City Manager Noe replied that staff regularly advised parents when the participation rate dipped below the minimum threshold of 20 children, so they could help recruit other members. in the event that the Prescott site was closed, he said staff worked with the parents to try to move their children to another si~e nearbv n response to Mayor Garrett's question, Director of Aviation Dave Hamrick stated that the secondary runway would be shut down for approximately 250 calendar days, but it should not affect service Mayor Garrett asked for a status report on the Southside Transmission Main project. City Engineer Escobar reported that Phase 5 of the program. affecting Laguna Shores Road, had begun on Whiteley Road in response to the Mayors question, Mr. Noe replied that staff would be scheduling a briefing on the city's water management and conservation in response to the Mayor's question, Mr. Noe stated that the city was still maintaining its parks. He noted, however, that most of the citys parks were not irrigated and if the grass was brown, It was due to the d~ weather Mayor Garrett called for CounCil concerns and reports. Regarding the requested water management report. Mr. Scott asked staff to include the future potential projects the city was working on Mr. Scott also asked for a report on a problem with sand blowing up on the Island seawall City Engineer Escobar replied that the city had put in a request with the Corps of Engineers to see ,f the sand could be redistributed City Manager Noe said he would look into it. Mr Scott reportee on problems with the maintenance requirements for the Ennis Joslin median landscaping City Manager Noe replied that last Friday, TxDOT's contractor turned over the median to the city for maintenance He said the contractor was not maintaining the landscaping, but now the city would add it to its maintenance schedule Mr. Scott emphasized that the portion near Ennis Joslin and Ocean Dnve was In poor shape, and needed to be addressed as soon as possible. i=inally Mr. Scott asked staff to alace the draft beach access plan on the city's website for viewing Councllmember Garcia asked for an update on a complaint by Mr. Joe Cordo regarding Westvlew City Engineer Escobar said he would find out and report back to him. Mr. Garcia also asked for more information on streetlight technology to prevent the running of red lights. Mr. Noe said the technology was proven to be effective; rather, the issue was on program development. He said the city was gOlllg to hold a demonstration at selected intersections to see which technology suited the citys needs best. Mr. Garcia asked If Police Chief Bryan Smith could attend the Council's town hall meetings. City Manager Noe answered affirmatively, and also suggested that the Directed Patrol Officer for that area attend as well. ....'-- ..-,*"' Minutes - Regular Council Meeting August 29,2006 - Page 25 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 336 p.m. on August 29,2006. * ~ * . * * * * * * ~ * * ~^ 2 -.~"--,,..... a. CqMMISSION ON CHILDREN AND YOUTH - One (1) vacancy with term to 5-01-09 representing the District Attorney's Office. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff s Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief. i MEMBERS Vicky Alexander (Health), Chair Miles Toren (At Large) Amanda Stukenberg (At Large) George "G" Johnson (Social Services) Sheri Phillabaum (Religion) Laura Spear Smith (Business) Guy Nickelson (Youth Services) Mary Jane Garza (Education) SeSee Munson (At Large) Penny Grochow (Law Enforcement) Lauren Ranly (Legal) Caitlin Martin (Youth Rep.) ***Coretta Graham (D.A.'s Office) ('apt. Vidal De La Cerda (Sheriffs Office) Capt. Tim Wilson (Police Off.) Dr. Philip Rhoades ***Resigned TERMS 5-01-09 5-01-09 5-01-07 5-01-08 5-01-07 5-01-08 5-01-09 5-01-07 5-01-08 5-01-08 5-01-09 5-01-07 5-01-09 5-01-07 Advisory Advisory ORIGINAL APPTD. DATES 2-12-02 9-20-05 6-08-04 5-17-05 5-17-05 5-17-05 11-08-05 6-13-06 5-09-06 7 -09-02 3-19-02 1-10-06 5-17-05 2-14-06 12-06-95 8-16-94 (Ntllte: The Nueces County District Attorney's Office nominating Rita Morales as the representative for the District Attorney's office.) Attorney - Juvenile Division, Nueces County District Attorney's Office. Received B.S. from Texas A & M University -~ Corpus Christi and J.D. from Drake University in Des Moines, Idaho. Former member of the Criminal Lawyers Defense Association. (District Attorney's Office) (9-07-06) Rita Morales ~'-- h. NVECES COUNTY COMMUNITY ACTION AGENCY - Three (3) vacancies with one-year terms to 10-07. (Note: The City's appointees must be public officials. Traditionally council members have been appointed and if unable to attend meetings, they designate staff or others as representatives.) DUTIES: To develop programs and human resources to provide assistance to the poor of Nueces County COMPOSITION: Up to 27 members, three (3) of whom may be appointed by the City Council and submitted through the County Judge to the Community Action Agency at its annual meeting in September for confirmation. Number of members of public officials established annually by the County. MEMBERS REPRESENTED BY Council Member Bill Kelly Council Member John Marez Council Member Jesse Noyola Mike Chavez Coretta Graham Rose Soto '.....',', - Co OIL AND GAS ADVISORY COMMITTEE- Four (4) vacancies, two (2) General Public representatives and two (2) Oil Industry representatives, with terms to 12-31-06, 12-31-07 and 12- 31"()8. (Since a term expires on 12-31-06, it is recommended to reappoint that slot to a new three- yelJl'term ending 12-31-09.) (Mayoral appointment with approval of Council) DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare ofthe City. COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members from the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public members, and one (1) from the industry to serve whenever an industry member IS absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the 011 and gas well industry. Members are appointed for three-year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee within specified time limits. Four members constitute a quorum. The committee annually elects its own chairman and vice chairman. Members receive no compensation for their services. MEMBERS Charles Jacobs (Oil Industry), Chair ***Michael Woodcock (General Public) Gretchen Arnold (General Public I *.***Charles West (General Public) ***Clifton McMasters (Oil Industryl Juan N. Cabasos (Oil Industry) Robert DeLeon (Alt, General Public) *Glen Cooper (AIL Oil Industry) TERM 12-31-06 12-31-06 12-31-07 12-31-05 12-31-07 12-31-07 12-31-07 12-31-05 ORIGINAL APPTD. DATE 12-16-03 1-09-01 12-14-04 1-07-97 12-14-04 12-16-03 4-30-02 12-14-04 *Seeking reappointment ***Resigned *.***Has met the six-year limitation allowed by ordinance ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Glcm Cooper (AIL Oil Industry) 2 NO. PRESENT 2 % OF ATTENDANCE LAST TERM YEAR 100% (N.te: The Oil Industry is recommending the appointment of John Cantu to serve as an oil inllustry representative.) ........-----.'-. QJHER INDIVIDUALS EXPRESSING INTEREST John Cantu E & H Specialist, EI Paso Exploration and Production. Activities include: ABC- Texas Coastal Bend Chapter Board of Directors, ASSE, STEP. (Oil Industry) {3-06- 06} T om Fisher Self-employed, Attorney of Oil and Gas Law, Real Estate and Probate. Received B.A. from the University of Wisconsin and lD. from the University of Wisconsin Law School. Activities include: State Bar of Texas, c.c. Bar Association, C.c. Association of Petroleum Landmen. (General Public) (4-26-06) Lois Huff Executive Director, Coastal Bend Bays Foundation. Received B.S. from Illinois State University and M.A. from Texas A & M University - Corpus Christi. Activities include: Flint Hills Resources, Environmental Education and Outreach Implementation T earn, League of Women Voters, and Zonta Club of Corpus Christi. (General Public) (8-20-06) John W Norris Senior Lending Officer and Petroleum Engineer, American BanIe Received B.S. in Civil Engineering from the University of Texas at Austin. Activities include: Member of Society of Petroleum Engineers and former chair of Corpus Christi SPE. (General Public) (7-07-06) HortenCla 8. Sanche! Certitled as an Office Clerk from Legal Assistant Associates. Pursuing a B.A. in Telemarketing and minor in International Law. Activities include: certified Director of Religious Education, Legal Assistant Association, and Executive Liaison of the City PT.O. at Haas Middle School. Received the "Who's Who" Award from Junior College. {General Public} (3-14-05) ....', . .'-' d, SliTER CITY COMMITTEE - Ten (10) vacancies with terms to 9-07, 9-08 and 9-09. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups ill the community The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall admmistration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V -ChaIrman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each vice-chairman shall be elected by maiority vote of the sister city committee annually. If the General Chairman is absent, a vice-chairman shall be elected from the committee to sen e as (feneral Chairman during his/her absence. MEMBERS * John Rocha. Chalr * Ilr Ridge Hammons Randy Farrar Patricia Garcla ****Pmg-Jung Tintera ***Jodie Alley Rose Gunj 1 l::Ilen Murry ('ecilia Hanna Heather Stanton Mordzsohn Jennifer Nesmith Westi Horn Ann Jaime ***Joseph Alley Dr. Peter Kuntu-Mensah Ciilberto G. Porter ****Sonia Quadros Heil *****JudyBenkendorfer *Flicka Rahn *Elizabeth R IgleSIas *Sharon L. PhIllips TERM 9-06 9-06 9-07 9-07 9-08 9-07 9-08 9-08 9-08 9-07 9-07 9-07 9-08 9-07 9-07 9-07 9-08 9-06 9-06 9-06 9-06 *Seeking reappomtment ***ResIgned ****Has exceeded the number of absences allowed by ordinance *****Has met the SIx-year lImitatIOn and is ineligible for reappointment ........."..... ORIGINAL APPTD.DATE 9-23-03 2-15-05 6-11-02 4-18-06 11-08-05 5-10-05 11-08-05 4-16-02 5-10-05 9-14-04 7-18-06 6-15-04 6-13-00 9-14-04 11-08-05 4-18-06 9-14-04 10-10-00 6-15-04 4-22-03 9-09-02 A TTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME J OM Rocha Dr. Ridge Hammons Flicka Rahn Elizabeth Iglesias Sharon L. Phillips NO. OF MTGS. THIS TERM 11 1 11 1 1 11 NO. PRESENT 9 9 9 8 9 0/0 OF ATTENDANCE LAST TERM YEAR 81% 81% 81% 73% 81% OTHER INDIVIDUALS EXPRESSING INTEREST Orne Combs Owner, Ken Combs Realtors. Received B.A. in Political Science, M.S. in Adult Education and M.A. in Business Administration. Activities include: Leadership Corpus Christ and Corpus Christi Board of Realtors. Recognized by Sister Cities International as an International volunteer and named Goodwill Ambassador of the City. (8-16-06) Kenneth Faseler Substitute Teacher and Adjunct Instructor, Corpus Christi Independent School District/Del Mar College. Instructor of Portuguese and Brazilian Culture and local musician. (8-13-04) Almira Flores Radiology Technologist, Christus Spohn Health Systems. Graduate of Spohn Hospital School of Radiologic Technology. Activities include: Coastal Bend Society of Radiologic Technologists, So. Texas Institute of the Arts, and the Hispanic Women's Network Received the Las Estrellas Award. (1-10-06) Rosa G Gonzales Retired. Activities include: Nueces County Historical Commission, Nueces County Historical Society, Old Bayview Cemetery. Received the TRAPs and from Park and Recreation Department. (2-24-06) Dora L HIdalgo Climcal Record Administrator, MHMR of Nueces County. Registered Health Information Technician. Activities include: Coastal Bend Health Information Management Association and President of the South Texas Amigos de Mexico. Received the Hispanic Women's Network Las Estrellas Award. (9-28-04) ~..,._,._" Lois Huff Executive Director, Coastal Bend Bays Foundation. Received B.S. from Illinois State University and M.A. from Texas A & M University - Corpus Christi. Activities include: Flint Hills Resources, Environmental Education and Outreach Implementation Team, League of Women Voters, and Zonta Club of Corpus Christi. (8-20-06) Coeta Montgomery Director, University of Incarnate Word. Received B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Corpus Christi Chamber of Commerce, Rotary Club, and the C.C. Human Resource Management Association. (6-15-06) JoIm J. Nelson. Jr Teacher of World Geography/GIS, Corpus Christi Independent School District. Received B.A. in History - Political Science and Education certification. Currently pursuing M.S. in Educational Technology/ASS-GIS. Activities include: Bay Jammin Concert and Cinema and the Special Olympics. ReceIved the Bulldog & Arrowhead Award and nominated for the Jefferson Award. (1-11-05) Guillermo Perez Retired School Assistant Principal, Corpus Christi Independent School District. Received B.S. in English History and M.S. in Mid-Management Administration. Activities include: LULAC, GI Forum, Retired Teachers, Leadership Corpus Christi Alumni and disabled veteran. (7-12-05) Drew Matlock Reinmg Self-employed, Mediator. Received B.A. from University of Texas at Austin and J.D. from University of Texas Law School. Activities include: Mediator Association of South Texas, State Bar of Texas, Texas Association on Mediators, and Namaste Foundation. (5-22-06) Sharlene Sexton Director of Human Resources, Corpus Christi Regional Transportation Authority. Received B.S. in Business and M.A. in Human Resource Development and Business Management. Activities include: Society of Human Resource, c.c. Human Resource Management Association, and Leadership Corpus Christi. (12-06- 05) Sukhbir Singh Math Teacher, Corpus Christi Independent School District. Received Bachelor's degrees in both Commerce and Education. Active member of the Coastal Bend Indian Association and would like to see the establishment of a Sister City in India. (4-11-06) Van P. Villa Office Manager/Licensed Agent, Meadow Insurance Agency Inc. Received B.A. in French Literature from Catholic University of America in Washington, D.C. Has helped throughout the years in local Arts organizations including the Arts and Cultural Commission. (4-05-06) ~-~-~ 3 Requested Council Date: 9/12/06 Alternate Date: 9/19/06 COUNCIL MEMORANDUM RECOMMENDA TION: Motion approvlIlg the purchase of a runway sweeper from Industrial Disposal Supply, San Antonio. Texas 1Il accordance with Bid Invitation No. BI-0195-06, based on low bId meeting specifications for a total amount of $149,481. The runway sweeper will be purchased tor the A \'Iatlon Department. Funds are available through the Airport CIP Fund, the Airport ('apital Reserve Fund and the Airport Operations Budget. This unit is a replacement. **********************t******************************************************* Purpose rhe nmwav sweeper w1l1 be used by the Aviation Department for deaning roads, runways and street sweeping throughout the airport complex. ThiS unit is a replacement. Bid Im1tatlons Issued: Seven Bids Recel \ed Fuur '\ ward BaSIS: Luw Bid \1ceting Specifications. The equipment bid by Kinloch Equipment & Supply, Houston, rexas does not meet specification requirements regarding a lateral air tlo\\. protective liner and electronic controlled magnet. The UllIt hId hy Cooper Equipment Company, San Antonio, Texas docs Iiot meet specitication requirements regarding a lateral air t1(\\\ and it protective liner. Funding A \latinll Department 55072().3020.00000-1 0 1044 55(721). 3020.A.0000().1 0 I 044 "5( l02' )-46] (). 3 5005 $118,150.00 $23,856.00 $7,475.00 Grand Total $149,481.00 / /1/ ~ ~/ Michael)3arrer~~ - . .., ~ Procurement & Gen~'al Se:-vices Manager ,...,..., CD o I LO 0) o U ~~ ::JfI) ffi~ ~~ calX o o ~ ~ 5!2i8 a::::......J ~ ... ~ ~ 15 ~ CD a:::: coo o <(-- ~t'J~ ,..-..." . ". "... ;'~iiJUJ ~ >-~ - ::l<C ()coO ~"~ ~ ..J Iii 6 ~ ~ E ev E~:g,~ 80=>& E ~ .=:~ o c;, iev ~ S;.g J5 xc. _ ill co &~- is .Q~ Iii~""~ ~.:i:5& .glti Een al ev s;g 8 xc. _ w c: ~~- a. _ "5.Q ~~""~ ~ c c oc: ev < => C. 8lti Ucn >- a. a. ::J en 00 iQ) 1l.g xc. w ~ K - .5 x crl- w - "" ~ J::.8C:.c 8iil=>o. :E i3 :llI::J: I ~I i Q) llg xc. w c C IC N c ~ l(; ;;, c c If) N C ~ If) ;;, o o ~ en ~ ;;, o c ~ '" ~ ;;, o o ('") I'- -~ ~tO ~ ;;;, o o (") I'- <I:i ~ ;;;, o o OCJ o _(T) ~<O (T) ;;;, o o OCJ o ('") <I:i ('") ;;;, :>. a c Q a. "5 8l a o "E""- co~ >~ :5~ a i5 ('") .- 1"-16 u -g"" .. &l III a. ~en 0.-5 W .~ 13 Q) ._ u o c co ...:" Q) .. 0.0 3l 0 ~ l6 en .~ >->- ro:t:: ~ ~ e a. ~ ~ o o ll) N o -.t ll) ;;;, I o o ('") I'- ~ ;;;, o o cO o ('") cO ('") ;;;, ...J < ~ o ~ ii c !ti' E ~ e c o u u c e &l w " c co Qj ~ Q) > ~ e a. Qj E Q) > ~ e a. rn " e rn ~ q=: iii ~ Q) ~ C\l Ol e =e C\l ~ ~ <+= iii ~ Q) ~ C\l Ol C ~ co ~ (fl C III E ~ 5 ~ 8 i u <;::: ~ a. (fl (fl c Q) E ~ 5 ~ e Q ro u <;::: .~ a. (fl 1l E o e ~ " (fl ~ <1J l- e o (;j :J o :r: :>, a. a. ::l (fJ 00 C III E a. 5 CT w g C ~ >- .D n is C III E a. 5 ~ ill C 1l E o e ~ -0 (fl C\l X Q) I- o C o C <{ c co en >- C co 0. E o u C III E 0. :3 CT w Cii a. a. o U >- .D " is C :J ill C fi 4 ........,...- -"- Requested Council Action: 9/12/06 Alternate Date: 9/19/06 COUNCIL MEMORANDUM R.ECOMMENDATION: Motion approving the purchase of a motor drive assembly from Walker Process EqUipment .,"urnra. Illinois fIll' the total amount of $26,215.00. This drive assembly is a component of a c1anfier Ul11t 10l'ated at the <)Sl) Wastewater Treatment Plant. Funds are available through the FY 06/0~ Wastewater Operations budget. ******************************************************************************************* BACKQROllND Purpose: The new dnve motor will replace the existing drive motor originally installed in 1961 The motor drive assembly turns the clarifier arm of the sedimentation basin located at the, Oso Wastewater Treatment Plant. BaSIS of Av- ani: This contract is exempt from the competitive bidding statutes as a sole S{I urce fix capt i \ e replacement parts and components. The motor drive as .;embly IS a component of the entire clarifier unit originally designed and m ll1ut3ctured bv Walker Process Equipment. Aurora, Illinois. r undll1g: \\clstewater '15(Hl40-4200-33110 $26,215.00 (\--- '.JJJi.. \ Ii.. / \ \ i \! ) --- MIchael Barrera. Procurement & General Servlce~ Manager ~ CITY OF CORPUS CHRISTI PURCI-tASING DIVISION BUYER: GINA SANCHEZ DATE: 9/12/06 ITEM DESCRIPTION Motor Drive - Spur Gear Drive Assembly S42N12 ~..;- PRICE SHEET BI-0028-07 MOTOR DRIVE - SPUR GEAR DRIVE ASSEMBLY WALKER PROCESS EQUIPMENT AURORA ILLINOIS Unit Extended QTY. UNIT Price Price unit $26,215.00 $26,215.00 Total $26.215.00 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/12/2006 AGENDA ITEM: Item A. ResolutIOn authorizing the City Manger, or his designee, to accept a grant from Wal-Mart Stores, INe. III the amount of $1,500. to purchase equipment or supplies for Fire Station 13, in the General Fund Fire Departmen!. Item B.\n Ordmance appropriating $1.500 received from the Wal-Mart . INC. into the General Fund Fire Department for the purchase of equipment or supplies for Fire Station 1 3; amending the FY 2006-2007 Operating Budget, adopted in Ordinance No.026908 by increasing estimated revenues and appropriations by 'j; 1,500 each: and declaring an emergency ISSUE: Every year \Val-Mart Stores gIves out a grant to it's "Safe Neighborhood Heroes". Each store selects the one entity who stands out in their commuI11ty. This year Store 0490 located at 10241 S.P.J.D. has chosen Fire Station J'\ to be their Safe Neighborhood Heroes" to show their appreciation for all that they do. The S 1 ,500.0(1 grant specifies that If will be used to purchase any equipment and/or supplies needed at Fire Station , REQUIRED COUNCIL ACTION: ('oUtlCll Approval PREVIOUS COUNCI L\CTION: \lone CONCLUSION AND RECOMMENDATION: Staff recommends approvmg both the resolutIOn and ordinance to accept and to appropriate a grant in the amount 01'$) .500 recel\ed from Wal-Mart StuTes, Inc.. to purchase equipment or supplies for Fire Station 13. ~ Acting Fire Chief Attachrnen ts: A ward Letter C 'Documenb allt! Settmgs'.MIS\Rec':nt\1\1 v Documents\Agenda ltems\Walmat Agenda.doc ~""_O' C,-j...::.a,c- {;C-r "ax dbHILb4jIJ1 Page L ot i WAL*MARTe WAL-MART STORES, INC. 10241 S.P.I.D. CORPUS CHRISTI, TEXAS 78418 361-937 -2643 08-23-06 TO WHOM IT MAY CONCERN: EVERY YEAR WAL-MART GIVES OUT A GRANT TO OUR "SAFE NEIGHBORHOOD HEROES. EACH STORE SELECTS THE ONE WHO STANDS OUT IN THEIR COMMUNITY. THIS YEAR STORE 0490 HAS CHOSEN FIRE STATION 13 TO BE OUR SAFE NEIGHBORHOOD HEROES TO SHOW OUR APPRECIATION FOR ALL THAT THEY DO. THE $1500.00 IS FOR THEM TO PURCHASE ANY EQUIPMENT AND/OR SUPPLIES THEY MIGHT NEED FOR STATION 13. SINCEREL Y, , ~! \, "L, ,{ ,~ ... A , _, ~> ,'--__---- /.~~ f ( ..~~~~~ ~ti:R "'-- .........-- RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT FROM WAL-MART STORES, INC. IN THE AMOUNT OF $1,500, TO PURCHASE EQUIPMENT OR SUPPLIES FOR FIRE STATION 13, IN THE GENERAL FUND FIRE DEPARTMENT. BIIT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEKAS: SIeTION 1. The City Manager or the City Managers designee, is authorized to accept a ",ant from Wal-Mart Stores, Inc. in the amount of $1,500 to purchase equipment or sUfl)plies for Fire Station 13, in the General Fund Fire Department. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: \kjf~-lc~ & 2006 Henry Garrett Mayor By: Joseph Harney Assistant City Attorney For City Attorney R eso.oF ire-WalMart ....., 2 Corpus Christi, Texas m ,2~ The above resolution was passed by the following vote: HEmry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kefly Rex A. Kinnison Jesee Noyola Mati< Scott Reso-Ftre-WaiMal1 "'*""'.......- AN ORDINANCE APPROPRIATING $1,500 RECEIVED FROM WAL-MART, INC. INTO THE GENERAL FUND FIRE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT OR SUPPLIES FOR FIRE STATION 13; AMENDING THE FY 2006-2007 OPERATING BUDGET, ADOPTED IN ORDINANCE NO. 026908 BY INCREASING ESTIMA TED REVENUES AND APPROPRIATIONS BY $1,500 EACH; AND DECLARING AN EMERGENCY. BIIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,500 in training revenues received from Wat-Mart, Inc. is appropriated in the General Fund Fire Department for the purchase of equipment or supplies for Fire Station 13 SlCnON 2. That the FY 2006-2007 Operating Budget, adopted by Ordinance No. 021908. is amended by Increasing estimated revenues and appropriations by $1,500 each. Sl!!CnON 3. That upon written request of the Mayor or five Council members, copy at.chad, 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 1 ih day of Septemberl 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Henry Garrett Mayor )~ -h~ &, 2006 {\ By: ~"i~-~ JOSePh' . mey Assistant City Attorney F or City Attorney Ord-Appr -F ire-WalMart .......... <?-.;,~ 2 Corpus Christi, Texas day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an enwrgency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott .,....,.---""'"'" 6 AGENDA MEMORANDUM DA TE: September 12, 2006 SUBJECT: $2,200 gLint from t Inited Way for the Janet F. Harte Public Library AGENDA ITEMS: a) Resolutioin authorizing the City Manager or his designee to accept a $2,200 grant from United W:lY to purchase books and other library materials for the Janet F Harte Public Lihrar: hI ()rdinance apprupriating a $2200 grant from United Way into the General Fund No 1020, Central Library Organization No. 12800 to purchase library materials f()r the Janet F. flarte Public LIbrary; amending the FY 2006-2007 operating budget adopted by Ordinance No. 026908 to increase appropriations by $2,200; and declaring all emergency ISSl:E: HeadsUp! Readlllg IS a satellite trall1l11g course that features interactive video segments, peer discussion, and learning activitIes to help parents and caregivers with the literacy development Ill' their c!iildrclL Through a tederal Department of Health and Human Services Early Learning Opporrunilles .'1.([ gram. the UJ11ted \Vay of the Coastal Bend's /)'uccess by 6 program has funded the satellite equIpment installation and subscription for the Harte Library to offer this course free uf charge to the public In addition to undenNrit mg satellite access, the grant has also provided the library with $2,200 for materials to ,>upport the HeadsUp! Reading course. We will use $200 for adult resources to supplement course instruction and $2,000 for the purchase of books appropriate for children ages birth to SIX. All of the books purchased with these funds will be added to the Harte circulating collection. REQUIRED COlTNCIL ACTION: Appropriation of funds requires Council action. RECOMMENDATIO'\f: "Itaffrecommends grant acceptance and appropriation of fund s -li~~~ Herb Canales Director of libraries A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT FROM UNITED WAY IN THE AMOUNT OF $2,200 TO PURCHASE BOOKS AND OTHER LIBRARY MATERIALS FOR THE JANET F. HARTE PUBLIC LIBRARY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a grant from United Way in the amount of $2.200 to purchase books and other library materials for the Janet F Harte Public Library. ATTEST CITY OF CORPUS CHRISTI Armando Chapa Assistant Secretary Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: August 30, 2006 ~~~ Wendy Eden. :-- Assistant City Attorney For City Attorney 1I!!!IfII""'..-.'- Corpus Christi, Texas of 2006 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 M aA< Scott AN ORDINANCE APPROPRIATING $2,200 FROM UNITED WAY INTO THE GENERAL FUND NO. 1020, CENTRAL LIBRARY ORGANIZATION NO. 12800 TO PURCHASE BOOKS AND OTHER LIBRARY MATERIALS FOR THE JANET F. HARTE PUBLIC LIBRARY; AMENDING THE FY 2006-2007 OPERA TING BUDGET ADOPTED BY ORDINANCE NO. 026908 TO INCREASE APPROPRIATIONS BY $2,200; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,200 from United Way is appropriated into the General Fund No. 1020, Central Library Organization No. 12800 to purchase books and other library materials for the Janet F. Harte Public Library. SECTION 2. That the FY 2006-2007 operating budget adopted by Ordinance No. 026908 is amended to increase appropriations by $2.200. 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 1 ih day of September, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AT TO FORM: August 30.2006 ~~~ WefldyE. gden Assistant City Attorney For City Attorney ~,,-~- Corpus Christl , Texas day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christl, 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. Respectfu lIy, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brant Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12. 2006 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth Development Program for the 78415 ZIP Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2006 - 2007. Contract Period September 1, 2006 through August 31,2007. 8. Ordinance Appropriating $500,000 from the Texas Department of Family and Protective Services in the NO.1 060 Community Youth Developmentfund to fund the Community Youth Development Program in the 78415 ZIP Code for Fiscal Year 2006-2007, Contract Period September 1 2006 through August 31, 2007; and declaring an emergency. C. Motion authorizing the City Manager, or his designee, to execute a subcontract with the Boys & Girls Club of Corpus Christi in the amount of $56,100.00 to provide services for youth ages 6 to 17 In the 78415 ZIP Code. D. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $196,224.00 to provide services for youth ages 6 to 17 In the 78415 ZIP Code. E. Motion authorizing the City Manager, or his designee, to execute a subcontract with Planned Parenthood of South Texas in the amount of $29,713.00 to provide services for youth ages 12 to 17 in the 7841 5 ZI P Code F. Motion authorizing the City Manager, or his designee, to execute a subcontract with the YMCA of Corpus Ch risti in the am au nt of $39,800.00 to provide services for youth ages 14- 17 in the 78415 ZIP Code. G. Motion authorizing the City Manager, or his designee, to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000.00 to provide services for girls in the 4th and 5th grades in the 78415 ZIP Code. H. Motion authorizing the City Manager, or his designee, to execute a subcontract with Youth Odyssey in the amount of $31,839.00 to provide services for youth ages 12 to 17 in the 78415 ZIP Code ISSUE: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYD) Program in various cities throughout the State. The City of COrJus Christi has been allocated $500,000 in program funds for Fiscal Year 2006 - 2007, Contract PeriOd September 1. 2006 through August 31,2007, to be used in the 78415 ZIP Code area. REeUIRED COUNCIL ACTION: Acceptance of federal grants and contracts in excess of $15,000 require Council approval. ........- PREVIOUS COUNCIL ACTION: On March 21, 2006 Council approved the contract and the appropriation of $194,000 from DFPS to fund the 78415 Community Youth Development programs for Fiscal Year 2005 - 2006, Contract Period March 1, 2006 through August 31, 2006, as recommended by the Community Youth Development Steering Committee. FUMlING: This is a State funded grant, and the source of funding is from fund 1060. FY07 Community Youth Development Program Boys and Girls Club Communities In Schools Planned Parenthood YMCA YWCA Youth Odyssey City of Corpus Christi TOTAL $ 56,100.00 196,224.00 29,713.00 39,800.00 50,000.00 31,839.00 96,324.00 $500,000.00 CCX<<1USION AND RECOMMENDATION: The Community Youth Development Steering CoMmittee and Staff recommended approval of $500,000 CYD Program as presented for Fiscal Ye.2006 - 2007, Contract Period September 1,2006 through August 31,2007. Sa,fo~Rt/' ;j(~ Parks & Recreation Department Attahments: Background Information BACKGROUND INFORMATION On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the 78415 Community Youth Development (CYD) Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the CYD Program, and executed a contract with DPRS. The City Council also passed a resolution (#022938) establishing the CYD Steering Committee. Since then. the City has served as the Fiscal Agent for the program and entered Into subcontracts with many community agencies for CYD service. In 1995, DPRS developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. Currently fifteen ZIP Codes in 14 cities are designated as CYD service areas. The program sought to create activities that were not currently available within the local 78415 ZIP Code area. These activities were made available to youth ages 5-17. Eligible activities must fall within the following categories: mentoring, activities, employment, education, andfor youth leadership. In order to meet DPRS (now called Texas Department of Family and Protective Services - DFPS) guidelines, a mentoring and youth leadership component must be part of the overall 78415 CYD Program's Plan of Operation Since its inception, the CYD Program has served the 78415 ZIP code area through a number of service providers. These would include Boys & Girls Club, Communities In Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Corpus Christi Teen Court, Paisano Girl Scout Council, Park & Recreation Department, Volunteer Center of the Coastal Bend. Youth Odyssey, YMCA and YWCA Page 1 of 2 ORDINANCE APPROPRIATING A $500,000 GRANT FROM THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES IN THE NO. 1060 COMMUNITY YOUTH DEVELOPMENT FUND TO FUND THE COMMUNITY YOUTH DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE FOR FISCAL YEAR 2006 - 2007, CONTRACT PERIOD SEPTEMBER 1, 2006 THROUGH AUGUST 31, 2007; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $500,000 grant from the Texas Department of Family and Protective Services is appropriated in the NO.1 060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2006 - 2007, Contract period September 1,2006 through August 31, 2007. 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 anfl (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 ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor ~ :9USI 2006 'DoYle D. Curtis Ch~f, Administrative Law Section Serior Assistant City Attorney For City Attorney H:\LEG-DIR\OlgaR\Doyle\Ordlnance\06.0808DC CYD415Zpcode FY0607ordao( Page 2 of 2 Corpus Christi, Texas _<___ day of _____ _______,2006. 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 Metody Cooper Jerry Garcia Wiliam Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG-DIR\OlgaR\Doyle\Ordlnance\06 0808DC CYD415 Zipcode FYOfi07orcJ dn( .",.., 8 ............,.,.,- m CITY COUNCIL AGENDA MEMORANDUM Date: September 12, 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Subrecipient agreements for funds provided from the FY2006 Community Development Block Grant (CDBG) Program, Emergency Shelter Grant (ESG) Program and HOME Investment Partnerships (HOME) Program COBG ProQram: a Boys and Girls Club of Corpus Christi - $100,000 for the construction of one soccer/flag football field and additional complex improvements at 3902 Greenwood Drive b Corpus Christi Hope House - $30,808 for the renovation and improvements of the living conditions for the residents at 658 and 630 Robinson Streets. c Corpus Christi Metro Ministries - $125,000 for the improvements to the Loaves and Fishes facility at 1906 Leopard S1. d. Del Mar College Small Business Development Center - $150,000 for funds to expand the enhanced "Business Resource Center." e National Archives and Historical Foundation of the American G.I. Forum of the U.S. - $250,000 Challenge Grant for the complete rehabilitation of the former office of Dr Hector P Garcia at 1315 Bright Street. f Nueces County Children's Advocacy Center Phase 1 - $100,000 Challenge Grant for the construction and,to house in one building,members of agencies required to conduct child abuse investigations at 2602 Prescott. g Nueces County Community Action Agency . $80,000 for the weatherization and make modifications to homes of families of low to moderate income and families with disabilities. ESG Proaram: For homeless activities h 911 Park Place, dba Mission 911 - $10,662 Catholic Charities - $13,000 r.o;:t~tal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place - $10,663 k Corpus Christi Hope House, Inc. - $13,000 Corpus Christi Metro Ministries, Inc.- $43,000 m Mary McLeod Bethune Day Nursery, Inc. - $13,000 r The ARK Assessment Center & Emergency Shelter for Youth - $13,000 o The Salvation Army - $13,000 p The Women's Shelter of South Texas - $20,000 HOME Proaram: For Housina Proarams q Community Development Corporation (CDC) - $250,000 for funds to assist approximately 14 families in buying down a new home through the down payment and closing cost program. r Cliff Maus Village Trust - $100,000 to replace water lines servicing the apartment building units on the property at 1438 West Point Road. s Corpus Christi Metro Ministries - $125,000 for interior and exterior rehabilitation of Rainbow House located at 1906 Leopard St. Costa Terragona I, L TO - $150,000 for partial construction cost of a 250 multifamily apartment complex being built on an 12.62 acres located between Interstate Highway 358 and McBride Lane. u LULAC West Park Apartments (Trust) - $125,000 for rehabilitation of a 124 unit multifamily development at 10702 IH 37. v Nueces Loft Apartments - $300,000 for the conversion of a historic downtown building from office space to rental apartments at 317 Peoples Street w Nueces County Community Action Agency (CHDO) - $200,000 for funds to assist approximately 11 families for CAP Estates II, III, provide down payment and closing cost assistance for families 80% or below the area median income. x TG110 - Glenoak Apartments - $210,000 for the exterior and interior rehabilitation of the 68 low income housing development at 711 Glenoak. ISSUE: Subrecipient agreements with nonprofit organizations who were awarded FY2006 Community Development Block Grant Program Funds, Emergency Shelter Grant Funds and HOME Investment Partnerships (HOME) Funds need to be approved by the City C:ouncil. ,~ PRIOR: On April 18 2006, the City Council adopted its FY2006 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $3,489,407 for the CDBG Program, $800,000 of program income from housing loans, $28,356 of demolition lien program income, $644,743 of reprogrammed funds, and $149,325 for the ESe Program and $1,666,004 for HOME Investment Partnerships (HOME) Program, $25,570 of the American Dream Downpayment Initiative, $438,306 of program income and $849.105 of reprogrammed funds totaling $8,090,816 (M2006-125). On August 22 2006, the CCCIC approved an additional $209,124 short term (12 months) bridge loan of HOME funds for the LULAC West Park Apartments, and approved an additional $500,000 low interest bridge loan In support of the Nueces Loft Apartment development. REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to execute FY2006 CDBG Agreements with Boys and Girls Club of Corpus Christi, Corpus Christi Hope House, Corpus Christl Metro Ministries, Del Mar Small Business Development Center, National Archives and HistOrical Foundation of the American G.1. Forum of the U.S., Nueces County Children's Advocacy Center Phase 1 and Nueces County Community Action Agency FY2006 ESG agreements with 911 Park Place d.b.a. Mission 911, Catholic Charities, Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place, Corpus Christl Hope House. Inc Corpus Christi Metro Ministries, Inc., Mary McLeod Bethune Day Nursery Inc The Ark Assessment Center and Emergency Shelter for Youth, The Salvation Army and The Women's Shelter of South Texas; FY2006 HOME agreements with Community Development Corporation (CDC), Cliff Maus Village Trust, Corpus Christi Metro Ministries, Costa Tarragona II , LTD., LULAC West Park Apartments (Trust), Nueces Lofts Apartment. Nueces County Community Action Agency and TG110, Inc. Glenoak Apartments FUNDING: FY2006 CDBG, ESG and HOME funds The effective date for the grant is August 1 2006 RECOMMENDATION: That the City Manager or his designee be authorized to execute Subrecipient agreements for funds provided from the FY2006 CDBG, ESG and HOME Programs AD~IONAL SUPPORT MATERIAL Background Information X. ... BACKGROUND INFORMATION On April 18, 2006, the City Council adopted its FY2006 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $8,090,816 that includes $4,962,506 for the CDBG Program and $149,325 for the ESG Program and $2,978,985 Home Investment Partnership (HOME) Program (M2006-125). Subsequently, Subreclpient Agreements with nonprofit agencies/other entities and the City, as part of the FY2006 program funding. will be forwarded to the City Council for action with the following respective agencies The effective date for the grant is August 1, 2006. FYI006 CDBG FUNDING AGENDA ITEM: (a) Boys and Girls Club of Corpus Christi to provide $100,000 for the construction of one soccer/flag football field, additional parking on the south side of the cOrT\plex, installation of bleachers, scoreboards, press box and sidewalk areas at 3902 Greenwood Drive. AGENDA ITEM: (b) Corpus Christi Hope House to provide $30,808 for the renovation and improvements of the living conditions for the residents at 658 and 630 Robinson Streets AGENDA ITEM: (c) Corpus Christi Metro Ministries to provide $125,000 for the Improvements to the Loaves and Fishes facility at 1906 Leopard St. Specific Improvements include site work (drainage, repair, fencing, site lighting and signage); exterior rehabilitation (foundation roof and walls); interior improvements (floors, walls, ceilings. lighting, plumbing, bathrooms and HVAC); professional and contractor fees. AGENDA ITEM: (d) Del Mar College Small Development Center to provide $150,000 for funds to expand the enhanced "Business Resource Center." This request includes funding for office space for four business related organizations; salaries for a full time outreach coordinator, a Micro Loan Program Administrator, a part time administrative assistant, and a part time Industry expert: plan room for reviewing, searching and accessing government contracts AGENDA ITEM (e) National Archives and Historical Foundation of the American G.I. Forum of the U.S. to provide $250,000 Challenge Grant for the complete rehabilitation of the former office of Dr. Hector P. Garcia at 1315 Bright Street together with the acquisition of additional land for parking and expansion of the original office. AGENDA ITEM (f) Nueces County Children's Advocacy Center Phase 1 to provide $101,000 Challenge Grant for the construction and to house in one building members of dgencies I eLlul1 eu LU GUllGUGLl,i liiu duu~e III ve;:'ll~aliCJl-IS at 2G02 j"'1escctt. This ';..::: a:lc..... for a multidisciplinary team approach to handling child abuse cases and better serve the community ..........-..- AQENOA ITEM: (g) Nueces County Community Action Agency to provide $80,000 for the weatherization and make modifications to homes offamilies of low to moderate income and families with disabilities rn086 ESG FUNDING AGENDA ITEM: (h) 911 Park Place d.b.a. Mission 911 to provide $10,662 for the provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention will include short term subsidies, security deposits or first month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Funding of Maintenance and Operations Will include rent Insurance, utilities and furnishings. AGENDA ITEM: (i) Catholic Charities to provide $13,000 for the provision of Homeless Prevention including short term subsidies, security deposits or first month's rent, mediation programs. legal services and payments to prevent foreclosure on a home. AGENDA ITEM: (j) Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place to provide $10,663 for the provision of Essential Services including services concerned with employment, physical health and education for the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. AGENDA ITEM: (k) Corpus Christi Hope House, Inc. to provide $13,000 for the provision of Essential Services Including services concerned with employment, physical health and education for the homeless Funding of Maintenance and Operations will include rent, Insurance utilities and furnishings. AGENDA ITEM: (I) Corpus Christi Metro Ministries, Inc. to provide $43,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless Provision of Homeless Prevention will include short-term subSidies, security deposits or 1 st month's rent, mediation programs, legal services, and payment to prevent foreclosure on a home. Funding of Maintenance and Operations will include rent. insurance. utilities and furnishings. AGENDA ITEM: (m) Mary Mcleod Bethune Day Nursery, Inc. to provide $13,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. AGENDA ITEM: (n) The Ark Assessment Center and Emergency Shelter for Youth to provide $13,000 for the provision of Essential Services including services concerned with employment, phYSical health and education of the homeless. Funding of Maintenance and Operations will include rent, insurance. utilities and furnishings. AGENDA ITEM: (0) The Salvation Army to provide $13,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless rundlng or IVla,rHe'lallCE' and Operations wiii inciuue relli, illsUldllce, uiiiilit:::=, and furnishings. AGENDA ITEM: (p) The Women's Shelter of South Texas to provide $20,000 for the provision of Essential Services including services concerned with employment, physical heatth and education of the homeless Provision of Homeless Prevention will include short-term subsidies, security deposits or 1 st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Funding of Maintenance and Operations wil! include rent insurance, utilities and furnishings. FYI006 HOME FUNDING AGENDA ITEM: (q) Community Development Corporation (CDC) to provide $250,000 for funds to assist approximately 14 families in buying down a new home through the down payment and closing cost program .A. deferred forgivable loan, not to exceed $20,000, payable after the 151 mortgage is paid will be provided to low income home buyers for the purchase of a home. The amount of deferred loan will be based on HUD income limits. AGENDA ITEM: (r) Cliff Maus Village Trust to provide $100,000 to replace water lines servicing the apartment building units on the property at 1438 West Point Road. AGENDA ITEM: (s) Corpus Christi Metro Ministries to provide $125,000 for interior and exterior rehabilitation of Rainbow House located at 1906 Leopard St The proposed project costs include appropriate contractor and architectural fees, roof replacement, interior and exterior renovations, electrical upgrades, partial cost for the installation of an elevator to the 2nd story Rainbow House accessible for persons with disabilities and exterior public stair renovations AGENDA ITEM: (t) Costa Tarragona II, L TO to provide $150,000 for partial construction cost of a 250 multifamily apartment complex being built on an 12.62 acres located between Interstate Highway 358 and McBride Lane. AGENDA ITEM: (u) LULAC West Park Apartments (Trust) to provide $125,000 for rehabilitation of a 124 unit multifamily development at 10702 IH 37; 1, 2, 3 bedroom apartment units; serves at or below 60% of the area median income; approximately 35 years old complex AGENDA ITEM: (v) Nueces Loft Apartments to provide $300,000 for the conversion of a historic downtown building from office space to rental apartments at 317 Peoples Street. Project costs Include construction and development costs related to the change from existing office use to residential apartments exclusive of acquisition and commercial tenant finish costs The completed development will have 66 loft style apartment units with 12 units set aside for low income residents. AGENDA ITEM: (w) Nueces County Community Action Agency (CHDO) to provide $280,000 for funds to assist approximately 11 families for CAP Estates II, III, provide down payment and closing cost assistance for families 80% or below the area median income. .... AGENDA ITEM: (x) TG110 - Glenoak Apartments (CHDO) to provide $210,000 for the exterior and Interior rehabilitation of the 68 low income housing development at 711 Glenoak Exterior Improvements include re-roof all buildings, add storm windows with solar screens add security lighting, add ADA accessibility route, add new gutters and downspouts. Interior improvements include replace all kitchen cabinets/countertops, replace all bath fixtures, 'eplace water heaters (49) and replace HVAC condensers (38). ~""--- 9 ~'"- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12. 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month hardware maintenance agreement with the Texas Department of Information Resources of Austin, Texas based upon the State's cooperative purchasing agreement in the amount of $29,217.12. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software ISlUE: Hardware must be maintained to allow for continued operation of the Police Department's Records Management, Computer Aided Dispatching, Mobile Data, Automated Vehicle Locator and Video Imaging Systems and to ensure that it stays compatible with other systems. A maintenance agreement for September 1,2006 through August 31 2007, was established with the Texas Department of Information Resources for maintenance services of the hardware and operating system and interoperability software. Hewlett Packard will perform the services. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000 PREVIOUS COUNCIL ACTION: On July 11, 1995, City Council authorized this agreement for maintenance with the Texas Department of Information Resources with services to be provided by DEC at that time. Agreement has been renewed each year thereafter. FUNDING: AMOunt Budgeted Source of Funds $29.217.12 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Stiff recommends approval of the motion as presented. C>.i.'=.~i"~"':u~ Ogilvie F. Gericke Director of MIS .....c........"""'"' BACKGROUND INFORMATION The existing Tiburon Computer Aided Dispatch and Records Management Systems currently run on the Open VMS operating system and the recommended hardware at the time of the purchase was a VAX system, purchased from Digital Equipment Corporation (DEC). As the system was upgraded and enhanced, CCPD needed more disk space, etc. Thus, Alpha Servers were purchased from DEC. DEC has been sold to Compaq Computer Corporation and in turn Compaq was sold to Hewlett Packard Computer Corporation. A maintenance agreement was established with the Texas Department of Information Resources for maintenance services of above mission critical hardware as well as operating system and interoperability software. Hewlett Packard will perform the services. We are in the process of replacing the existing Tiburon CAD/RMS systems and this agreement will be canceled once the new Intergraph CAD/RMS systems, with separate servers, are in place. ~'-'----~ Support Account ()verview lhflb l n v e- n I AMP ID: 05067201 D Spedal Terms and Conditions No: DlRBUSOP Customer Address: CORPUS CHRISTI POLlCl DI PT 321 JOHN SARTAIN CORPUS CHRISTI rx "840] Hewlett-Packard Address: HEWLETT-PACKARD COMPANY 8000 Foothills Blvd B1dg R6 Roseville CA 95747 Cu_mer Conta(:t; SUSAN ALLEN Tel: (361) 886-2537 Fax: HP Contact: Carol Choquette Tel 800-386-1115 Fax 800 307 0361 E-mail caroLchoquette@hp.com The quoted prices are valid for 90 days from: 06/03/2006 For more information on thr formal of this document visit www.hp.com/go/hpsdocs Subject to HP Single Order Terms for Support ,; purchase agreement with HP and if applicable, Exhibit E24. Your Support Access Options: Visit om weh slk at W\\w.,(rc hp.com> li,r II ProFessionals or www.hp.comlgo/bizsupport> For Business ProFessionals VISIt w w" esca hp. com to manage scn ICe agreement online or register 10 use Support Contract Assistant (SCA) FO! Support, plcase call: )<()O-6}} 160G Please have your SCHlce Agreement II) and PrClduct#iSerial# available to expedite your support expenence. E --.---'---""-' '-'--'--~--'-'-,-,-,~ SUP~)~_~CCOUftI _ ReFer:c~,_, ~rv;:I:~:~Il~ ;';:~ragc _~C~I~\~__ Description Contract TotallUSD 15375' DLO_058FN AG724M7108 CORPUSFTWI._DLO 05XFM ('ORPUSSOFlW ARl : 032 OXO/\ 0485 U9/0 I /2006 llX/J 1/2007 1032 1536 ='05009/01/2006 i)8/3j/20()7 1032 0809 9875 09/0 j/2006 OS!3l !200! 1032 ]'/7 -751 ')9101/2006 'IS,'}] '2I}(l7 ]53755. DL0058FN AG724M7108 CORPUSFTWRDLO 058FM software 2,972.04 968.28 19,193.04 6,083.76 Total Excludilll Taxes CORPUS CHRISTI POLICE IlEPI 29,217.12 Summar)' of Charges Hardware Support Reco\ cr-All 22,557.36 576.00 6,083.76 29,217.12 Software Support-Matenals Total Excluding Taxes Total excludes all taxes. If applicable, ,axes will be added at the time of invoicing at the current tax rate. Total price includes all additions. deletIOns, warranties, discounts and adjustments if applicable. Refer to the detail document for anv applicable ~tate & local tax l'least' IcIer to the, payment ~dlCdllk jUi prlc,::~\~_ bc_ lllV\lICed yearly III advance. Print Date Oi/24/:zt06 Page I / 25 I - 10 CITY COUNCIL AGENDA MEMORANDUM AOENDA ITEM: ResolutIOn of the CIty of ( orpus ChristL Texas granting the request of the Fraternal Order of Eagles f(lf property tax exemption under Section] 1.184 of the Texas Tax Code. September 12, 2006 ISSUE: On June 7.2006, the City Council adopted guidelines regarding requests from qualified charitable organizations for property lax exemption under Section 11.184 of the Tax Code. Since that time, property tax exemptions have been granted to Al Amin Shrine Center and the Corpus Christi Masonic Lodge No. I 89 A.F & A.M. Currently, the Fraternal Order of Eagles has requested similar property tax exemption under Section 11.184 of the Texas Tax Code. Section II ] 84. Organizatiuns Engaged Pnmarily in Performing Charitable Functions, provides a three step process tor an organization to receive tax exempt status. First, the organization must apply to the State Comptroller for a determination of whether the organization is engaged primarily in performing charitable functions. Second. the organization must receive approval from each taxing unit. Third. the organization must submit an application for an exemption to the appraisal district. rhe Fraternal Order of Eagles has recei\ed a determination letter from the State Comptroller's Office and is now requesting approval ofthe exemption from each taxing unit. According to the guidelines established by the City of C lrpUS Christi regarding requests from qualified charitable organizations f()[ property tax exemption under Section 11.184 ofthe Tax Code, the Fraternal Order of Eagles does qualify tor the exemption. REQUIRED COUNCIL ACTION: Approval of the Resolution as presented. PREVIOUS COUNCIL ACTION: June 6, 2006 - Adoption of bTUidelines regarding requests from qualified charitable organizations for property tax exemption under Section ] I .184 of the Tax Code June 6,2006- Granting of property tax exemption under Section 11.184 of the Texas Tax Code to Al Amin Shrine Center June 6,2006 - Granting of property tax exemption under Section 11.184 of the Texas Tax Code to Masonic Lodge No. 189 A.F & A.M CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution. ~D-~ Cindy O'Brien, ector ofFmancIal ServIceS Att8chments: Background Inf(ml1ati(Jil Guidelmes Adopted June 6. 2006 Resolution Determination Letter [(;r Comptroller of Public Accounts BACKGROUND INFORMATION The Fraternal Order of Eagles has applied for property tax exemption under Section 11.184 ofthe Texas Tax ('ode Section 11.184, Organizations Engaged Primarily in Performing Charitable Functions, provides a three step process tor an organization to receive tax exempt status: ]. rhe organization must apply to the State Comptroller tor a determination of whether the organization is engaged primarily in performing charitable functions, 2. The organization must receive approval from each taxing unit, and 3 The organization must submit an application for an exemption to the appraisal district. The property requesting to be exempt. the values of said property, and the potential annual loss in ad valorem taxes to the City of Corpus ChristL based on 2005 property tax rates are as follows: 2429 Johanna Street 2429 Johanna Street -Personal Property 2425 Johanna Street 5] 42 Ayers Street Total Taxable Value $165,330 $ 5,000 $ 77,596 $ 20,625 City's 2005 Property Tax $1,034.63 31.29 485.59 129.07 $1.680.~8 GUIDELINES REGARDING REQUEST FROM QUALIFIED CHARITABLE ORGANIZATION FOR PROPERTY TAX EXEMPTION UNDER SECTION 11.184 OF THE TAX CODE Approved by City Council: June 6, 2006 To apply for an exemption under this policy, the organization must provide the following information to the City Director of Financial Services; (1) Cover letter identifying the name of the organization, and legal description of property; (2) Copy of the most recent tax statement issued by Nueces County Tax Assessor and Collector: (3) Determination from the State of Texas Comptroller Office that the organization is engaged primarily in performing functions listed in Section 11.18(d) and is eligible for an exemption under Section 11.184 of the Tax Code. (4) Evidence that the organization is recognized by the Internal Revenue Service as a tax-exempt organization under Section 501 of the Internal Revenue Code of 1986; (5) Evidence that the organization is entitled to issue an exemption certificate from sales taxes under Section 151.310 of the Tax Code; (6) Evidence that the charter or bylaws of the organization require charitable work or public service: (7) Evidence establishing that the amount of monetary support contributed or in-kind charitable or public service performed by the organization in proportion to the organization's operating expenses, the amount of dues received by the organization; and the taxes imposed on the organization's property during the preceding year if the property was taxed in that year; and (8) Evidence that the organization is current with all taxes, city utilities, and does not have any pending litigation with the city: (9) Any other factor the City Director of Financial Services deems relevant for evaluation of the request RESOLUTION GRANTING REQUEST OF FRATERNAL ORDER OF EAGLES FOR PROPERTY TAX EXEMPTION UNDER TEXAS TAX CODE SECTION 11.184 WHEREAS, Fraternal Order of Eagles 2249. 2429 Johanna Street, Corpus Christi, Texas, 78415 has tiled an applicatidn for propertv tax exemption under Section 11.184 of the Texas Tax ode WHEREAS, Fraternal Order of Eagles, has received letter from the Texas Comptroller's ( )ffice that Fraternal Order pf Eagles qualifies for property tax relief as a qualifYing charitable )rganizatJon: WHEREAS. Fraternal Order of Eagles has provided information in compliance \vlth the (ity of Corpus ChrIsti Guidelines Regarding Requests from Qualified Charitable ( hganizatlons for Property '1 ax Exemption under Section 11.] 84 of the Tax Code; NO\\. THEREFOR] BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF ORPUS CHRISTI AS FOl LOVv'S: SectIOn I fhe request of Fraternal Order of Eagles for property tax exemption is hereby approved for propert) eligible under Section 1 ] .I84( c) of the Tax Code as determined by records of Nueces County Appraisal District. This exemption expires at the end of the fifth tax year after the year in which the exemptIon is granted Sectiu!1:' ThIS Resolution shall take effect and be in full force immediately after its ddoption hv the ('ounell ATTEST THE CITY OF CORPUS CHRISTI - '\rmando Chapa ( 'ity Secretary Henry Garrett Mayor '\PPROVED: September]. 2006 t~~ I~i;a Aguil~~ () --- Assistant City Attorney for City Attorney '~',....."...... \ 'orpus hnsti T,~xl\ 01 .2006 [he abo\ e resolution \vas passed b~ the I()llowing vote: Hem: (ianett Brent Che:--l1e~ \1elody \'\ lper Jerry GarcIa Bill Kell \ Rex j\. K lnl1lS011 John Marel Jesse Noyola Mark Scott 2 :':hg.z: ...2 ,... - COMPTROLLER OF PUBLIC ACCOUNTS P.O. BOX 13528 AUSTIN, TX 78711-3528 July 31, 2006 Order of Eagles Lodge #2249 2429 Johanna Street Corpus Christi, Texas 78415 Dear Taxpayer, As you may know, the Texas Legislature allowed local taxing jurisdictions to give property tax relief to qualifying charitable organizations, as defined in Chapter 11.18, Property Tax Code. After reviewing your application, we have determined that your organization is primarily engaged in charitable activities, based on your classification as a 50 I (c )(8) or (10) organization with the Internal Revenue Service. Accordingly, I am pleased to Issue this property tax determination letter. You will apply locally, with your county appraisal district, for property tax exemption. Include a copy of this determination letter with your application. Be aW8le that an organization may be qualified, but receive no benefit from the exemption because either it owns no property, or the appraisal district determines that the property is not used exclusively for qualifyiRg charitable activities. Not all mxing jurisdictions offer this property tax exemption. The actual amount of your tax relief is dependmt upon local taxing authorities and your county appraisal district. A new detennination letter, and reapplication for the exemption, is required following the end of the fifth year of exemption. If you have any questions about your exemption, email usattax.help@cpa.state.tx.us. or call toll free 1-800-531-5441 and ask for the exempt organizations section. Lomax gel', Tax Policy Division FOI1l1 50-301 (2-02) 41l11ll'V' . ".". 11 ~"..".,.._. .,= CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12,2006 AGENDA ITEM: \. A) Ordinance to appropriare $136.063 18 from the i'v1unicipal Court Judicial Improvement Fund to purchase t \.\0 vehicles. hi Ie temporary staff. and lease additional space for Municipal Court; amending Ordinance Nll. 026908 which adopted the FY 2006-07 Budget to increase appropriations hy $136.063.18 IB)MotJOn to authorize the purchase of two vehicles (police sedans Crown Victoria or equivalent) from Philpott 1\10tors (H-CiAC purchase I in the amount of $24.000 each for the use by Municipal Court Cily Marshab (C) Motion to authorize the City Manager or his designee to execute a five-year lease with Wilson Plaza Associates. L.P . for an annual amount of$65.316 for additional courtroom office space for Municipal COUl1 at Wilson Plaza Fast. Suite 113. h 15 Leopard. Corpus Christi, Texas. ISSUE: The Municipal Court continues to find itself with an opportunity to improve enl.reement of court cast's. \Ve are in this position because of the availability of funds. The Coart has not previously used this fund, in an effort to build up the amount for the purchase of significant items that would improve the processes. The items purchased would allow us to stay abreast with current needs. REQUIRED COUNCIL ~CTION: Approval to the Agenda Item to allow the Court to prOf:eed with this process. PREVIOVS COUNCIL ACTION: There has been no previous Council action on this item. CONCLUSION AND RECOMMENDATION: We recommend the approval to the Agenda Itelll to allow the Court to proceed with this process. " ' ~- ~vli CtL~ \ 6- Honorable Ro' Ifo Tamez Presiding Judge of Municipal Court Attachments: l\1yDnCUtlil'lil<\1v l'nClIIllCill<'c'dJl1CII (OII1KII Aglllda '1I(i Imp Flllid do( ~ BACKGROUND INFORMATION Tht~ item has been discussed with the Municipal Court Committee on August 22, 2006, who made a motion tll proceed with this Item to the City Counci I Un January 1, 2004, the State Legislature passed a bill that allowed the Court to collect $25.00 on cach conviction at Municipal Court. Of this $25.00. the Court is allowed to keep 10% of the fees collected for the sole purpose of Judicial Improvements and Efficiency. In January 2001. the Court implemented its new City Marshals program. Included in this system was the Courl . s ability to becomv one of the most advanced courts in the state. This required the Court to make a drastic transition to mclude the execution of Warrants by the City Marshals. At that time, purchases of two vehides 'A ere made Those two vehicles have long out-lived their anticipated life span. We are in desperate need of buying the additional vehicles to allow the City Marshals to make personal contact 'A ith those mdividuals on warrant and bring them in before a Judge at Municipal Court, which would improve case dispositions. The existing vehicles would remain to assist with the transports of prisoners from the City Detention Center to the Nueces County Jail, as we with transports of persons under an "Emergenc\ Protective Order" that are to be brought before a Judge. In addition, the JudiCial section of the Court is faced with work while someone is out on leave. '\dditional funding for temporary personnel will provide the court with the ability to secure this upportunity This became an issue since the ongoing improvements at the court have resulted in the improvement of service to our citizens. I n September 2004. the Court opened and began operation of its own Magistration and Detention Facility. We leased the spaced, as agreed to with Wilson Plaza which has worked well to this point. \Ve now haw the opportunity to proceed to the next level. Over crowding is an issue that has faced dur coun. a" well as nther Cllurts throughout the state. With the ability to fund additional space, as tllowed by the fund to improve etticiency. this would allow for the lease of the space located next to the City's Magistration and Detention facility. This would create a much cleaner work flow for our \.'ltizens by prOVIding them with instant access to a Judge, thus improving our effectiveness and etlicienc\ The location of this area is next to the facility we currently lease is available and would provide U.'- \\ ith the abilitv h improve ho\\ ",ve do business. The leasing of this space can provide a multitude of uses. incl uding hut not limited to processing all other cases an arrested person may have h) providing 24-7 opportunity to these individuals, as well as uses for the Environmental Court to provide all parties involved with ample space reqUired to address these types of cases. The lease mcludes till' all utilities. trash and garbage disposal. janitorial services and parking in accordance ,vlth the IT-design of the parking lot. It is with great excitement that we bring this to the City Council. The Court has had strong support in its endeavors to improve the Ljuality and effectiveness of service that we provide and we continue to move forward on this front. \1\' Dn'.llnk"l' fk(\Ii!ll'll" COIIIlCII' "lIl1l'lI\l'l'"dl !i111 FlIl1ddl)C ORDINANCE TO APPROPRIATE $136,063.18 FROM THE MUNICIPAL COURT JUDICIAL IMPROVEMENT FUND IN THE GENERAL FUND TO PURCHASE TWO VEHICLES, HIRE TEMPORARY STAFF, AND lEASE ADDITIONAL SPACE FOR MUNICIPAL COURT; AMENDING ORDINANCE NO. 026908 WHICH ADOPTED THE FY 2006-07 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $136,063.18 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $136,063.18 IS appropriated from the Municipal Court Judicial Improvement Fund In the General Fund to purchase two vehicles, hire temporary staff, and lease additional space for Municipal Court SECTION 2. That Ordinance No. 026908 which adopted the FY 06-070perating Budget is amended by increasing appropriations by $136,063 18. 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 ordfnances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the .___~_ day of , 2006. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta ry Henry Garrett Mayor Approved: September 6, 2006 By' ~~~ Lisa Aguilar -.-0-.--- .- Assistant City Attorney for City Attorney ~ Corpus Christi, Texas ____ day of _______ 2006 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott - 12 "...,..,......,"""" CITY COUNCIL AGENUA MEMORANDUM City Council Action Date: September 12, 2006 AGENDA ITEM: (A) Ordinance [0 appropriate $213.093. 711 from the Municipal Court Building Security Fund for Municipal Court facility security including three additional Deputy City Marshals, temporary security services, security equipment and building security improvements; amending Ordinance No. u26908 \vhlch adopted the J Y 2006-07 Operating Budget to increase appropriations by $213,093.79. ISS1JE: The Municipal CHurt continues to find itself, as do other public entities in a fragile state, after the September 11 th occurrence. We are, however, in a good position in an effort to improve staff and customer securit}c. The Court has previously purchased equipment to ensure continued advancements in this area. This equipment has now run its life span and replacements must be purchased to sta~ abreast with current needs. REQUIRE]) COlJNCIL\CTION: Approval to the Agenda Item to allow the Court to proceed with this process. PREVIOIJS COONCIL ACTION: Council has previously approved actions to perform necessar~' building modifications, hardw'are replacements and funding for security personnel from this fund. CONCLUSION AND RECOMMENDATION: \Ve recommend the approval to the Agenda Item to allow the Court to proceed with this process. ;) 1 ' (Lo lft~t. Honorable R-6 Ifo Tamez Presiding Judge of Municipal Court ~' P--b:A- Rene R. Mendiola Director of Municipal Court Attachments: My Documcnh-!'v1v J )OClll1ltllh\cl>litlCII CounClJ'\gcntb \1< It" Fund doc .......... ,"""=. BACKGROUND INFORMATION f'his item has been discussed with the Municipal Court Committee on August 22, 2006, who made a motion to proceed with thi~: item to the City Council. In September 1995, the State Legislature passed a bill that allowed the Court to collect $3.00 on each conviction at rvlunicipal C{>urt. On No\'ember 21. 1995, the City Council approved the creation of the :t-.1umcipal Court Building Security Fund at a fee of$3.00. In January 2001, the Court Implemented its new City Marshals program. Included in this system was the Court's abi 1 i ty to becom e one of the most advanced courts in the state. This required the Court to make a drastic transition to lI1c1ude the execution of Warrants by the City Marshals. It was presented with the 2006-2007 Budget presentation that the court would add two additional staff to improve lase resolution at Municipal Court. It was also presented in the 2006-2007 budget presentation that the Court would assume the responsibilities of having personnel to run the Duty Desk at the Police/Court Building to allow the Uniformed Police officer hack on the streets and to provide a Deputy City Marshal to provide security and the Municipal "uvenile Court These items would also be funded through the Building Security Fund. In additIOn. the COllrt IS raced providing Building Security. Additional funding for Security personnel will proVIde the court \\ith the ability to secure this opportunity. This became, and continues to be a major issue since the September 11th incident. In addition to funding the Security personnel, \ve would continue to make approved modifications and purchases to the building in a effort to continue to create d safer work atmosphere for Court Staff. as well as a safer place for our customers to do their business. It is with great excitement that we bnng this to the City Council. The Court has had strong support in Its endeavors to improve the quality and effectiveness of service that we provide and we continue to move forward on this front. \1y [)OClIl111:nl- \tv I )<'CIII1lCllh\cT'lIIlCJ' I 'OlllKII'\LCc'llda '.j( ')j\ Fund doc .~""~ ORDINANCE TO APPROPRIATE $213,093.79 FROM THE MUNICIPAL COURT SECURITY FUND IN THE GENERAL FUND FOR MUNICIPAL COURT FACILITY SECURITY INCLUDING THREE ADDITIONAL MARSHALS, TEMPORARY SECURITY SERVICES, SECURITY EQUIPMENT AND BUILDING IMPROVEMENTS; AMENDING ORDINANCE NO. 026908 WHICH ADOPTED THE FY 2006-07 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $213,093.79 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TeXAS SECTION 1. That $213 093 79 is appropriated from the Municipal Court Security Fund for Municipal Court facility security including three additional marshals, temporary security services, securitv equipment and building improvements, SECTION 2. That Ordinance No 026908 which adopted the FY 06-070perating Budget IS amended by increasing appropriations by $213,093,79, 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved' September 6 2006 By: f~ ~_ Lisa Aguilar U Asststant City Attorney for City Attorney ~~._- Corpus Christi. Texas "_ day of_____ 2006 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 requinng 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. R espectfu II y, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott .....- -- - ,- 13 --~.. ...,""~. ....'............".;.- .-....... CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12, 2006 AGENDA ITEM: u\) Ordinance to appropriate $439.644.01 from the Municipal Court Technology Fund for the purchase for the following Items: 1 (l Crystal report software licenses, I TWAIN license, 8 scanner maintenance. I hIP Phones. -+ laptops. 20 laser printers, 2 batch scanners, 3 copiers, 1 wireless ticket \'vTiter system, 18 digital cameras. 48 scanners, 26 electronic pen and pad units, 5 receipt printers, 75 personal computers (currently on 3-) ear lease). I laptop wifi card, and audio recording software and hardware fur Municlpal Court technology improvements; amending Ordinance No. 026908 which adopted the FY 200()-07 Operating Budget to increase appropriations by $439,644.01. (B) MotlOn to authOrIze the City .\1anager t()r is designee to execute a contract with Technovations, Inc. of San Antonio. Texas III the amount uf$93.01 6.34 for courtroom audio recording software and services for Municipal Court Technmatl0ns. lnc IS an approved Catalog Information Systems Vendor with the State 0 f Texas and Procurement Commission. ISSlJE: The Municipal Court continues to find itself in a good technological position in its efforts to process customers. The Court has previously purchased or leased equipment to ensure continued advanctments in this area. This equipment has now run its life span and replacements must be purchased to stay abreast with technology. In addition, we have met witll several other departments who have listed items that will help with the enforcement of cases (i.e., Animal Control with cameras to assist with the prosecution of their cases) that qualify for purchase under this state statute. REQUIRED COUNCIL \CTION: Approval to the Agenda Item to allow the Court to proeeed with this process. PREVIOVS COVNelL ACTION: Council has previously approved actions to lease Servers, Work Stations and peripheral equipment from this fund. CONCLUSION AND RECOMMENDATION: We recommend the approval to the Agenda hea to allow the Court to proceed with this proce.s.'.s...... (i--.) I r ~.: 'T. .- .vl0(~. ') O~/ Honorable RodO 0 Tamez . Presiding Judge of Municipal Court AAi.4-' f .~~~ Rene R. Mendiola Director of Municipal Court Attachments: My Dncunit'nh.~1v lilKIIIllU!h\cuuIlCl! '.OUIlC" .\2ll1da '''Ill lllllddl1c BACKGROUND INFORMATION rhis item has been discussed with the Municipal Court Committee on August 22, 2006, who made a motion 10 proceed \vith thi~ item to the Citv Council. In September 1\)99. the State LegIslature passed a bill that allowed the Court to collect $4.00 on each conviction at MuniCipal Court. On October 19. 1999. the City Council approved the creation of the rechnology Fund at a fee of $4.00. In January 1999, the Court unplemented Its new Computer system. Included in this system was the Court's ability to become one of the most technologically advanced courts in the state. This required the Court to make a drastic transition from a manual court to a technical court. Several years later, the City ('ouncI] approved funding for leasing of servers. work stations, printers and other peripheral equipment. This eq uipment has run 1 ts Ii fe span and we are in need of replacing this equipment. We currently spend time and d(dlars to try to keep the existing equipment functioning. In addition. the Court is faced with a tremendous opportunity to become a Court of Record. This too requires additional technical equipment. \vhich qualities for purchase under this state statute. The purchase of this equipment would allo\\ all Courtrooms to become capable of the recordings required as a Court of Record, while maintaining the high level of technology set forth by the court. rhe Court has also met \\lith several other departments that could benefit departments and the Court. With the purchase of cameras, laptops and other equipment, the enforcement ofthe cases presented by these departments would be sounder and information would be more readily available to all parties. It is with great excitement that we bring thIS to the City Council. The Court has had strong support in its endeavors to improve the quality and effectiveness of service that we provide and we continue to move forward on this front 1v1yDocllnJlnt'\lv I hCllIllC'lhlFIIlCi! : '[HIl1CII\~l'nda ['L'cl, Jund dill' ORDINANCE TO APPROPRIATE $439,644.01 FROM THE MUNICIPAL COURT TECHNOLOGY FUND IN THE GENERAL FUND FOR PURCHASE OF FOLLOWING ITEMS: 10 CRYSTAL REPORT SOFTWARE LICENSES, 1 TWAIN LICENSE, 8 SCANNER MAINTENANCE, 16 IP PHONES, 4 LAPTOPS, 20 LASER PRINTERS, 2 SA TCH SCANNERS, 3 COPIERS, 1 WIRELESS TICKET WRITER SYSTEM, 18 DIGITAL CAMERAS, 48 SCANNERS, 26 ELECTRONIC PEN AND PAD UNITS, 5 RECEIPT PRINTERS, 75 PERSONAL COMPUTERS, 1 LAPTOP WIFI CARD, AND COURTROOM AUDIO RECORDING SOFTWARE AND HARDWARE FOR MUNICIPAL COURT TECHNOLOGY IMPROVEMENTS; AMENDING ORDINANCE NO. 026908 WHICH ADOPTED THE FY 2006-07 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $439,644.01 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $439,644 01 IS appropriated from the Municipal Court Technology Fund in the General Fund to purchase following Items: 10 crystal report software licenses, 1 twain license, 8 scanner maintenance. 16 IP phones, 4 laptops, 4 scanners, 20 laser printers, 2 batch scanners, 3 copiers, 1 wireless ticket writer system, 18 digital cameras, 44 scanners, 26 electronic pen and pad units, 5 receipt printers, 75 personal computers, 1 laptop wifi card, and Courtroom audiO recording software and hardware for municipal court technology improvements SECTION 2. That Ordinance No. 026908 which adopted the FY 06-070perating Budget is amended by increasing appropriations by $439,644.01 SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (11 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 ___... 2006 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: September 6,2006 By: f~ ...~._ Lisa AglJilaru- Assistaflt City Attorney for City Attorney ...,., Corpus Christi, Texas day of 2006 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. Respectfu lIy, Respectfully. Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry GarcIa Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott ...". .......,.. 14 '-,,- CITY COUNCIL AGENDA MEMORANDUM City CouDtil Action Date: 09/12/2006 AGENDA ITEM: AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 26, JUNK DEALERS, BY ADDING A PROVISION TO REQUIRE THE SHOWING OF PROPER IDENTIFICATION FOR ALL PEOPLE SELLING JUNK AS DEFINED IN THE CHAPTER; PROVIDING FOR SEVERANCE, PROVIDING FOR PUBLICA TION. PROVIDING FOR PENAL TIES, AND DECLARING AN EMBRGENCY ISSUE: aec.use of the upsurge m metal prices, the resale of items and materials classified as junk under Chapter 26 of the Code of Ordinances has become more profitable for those engaged in that type of business. Due to the large amOllllt of stolen itemS that are attempted to be sold to junk dealers, it would greatly assist CCPD's investigation of these thefts if the sellers were more accurately identified as they attempt to sell the items to the junk dealers. REQUIRED COUNOL ACTION: Council Approval PUVIOUS COUNOL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. ,~ Bryan P. Smith Police Chief Attabmeots: H:\LEO-DIR\Joseph\06-PoliceA~-\0rds and Resols-'06\Agenda Item -Junk doc -' BACKGROUND INFORMA nON Currently, Chapter 26, Junk Dealers of the Code of Ordinances only requires basic information be entered into a ledger by the junk dealer when an individual sells items to the dealer. Nothing prevents a seller from giving false or misleading information to the dealer. Because of the rising prices of many metals, items such as copper and aluminum are becoming the t&tlet of more and more thieves who sell to junk dealers for re-processing. This has become a nuior issue for construction, air conditioning, and utility companies among others. This amendment would require more accurate identification from the seller with notation of the driver's license number or other proper identification and a signed statement by the individual that they are the rightful owner or have the authority to sell the items on behalf of the owner. This clEge would greatly aid in the investigation and prosecution of these types of property crimes by the Police Department H\LEO-DIR'J()seph\06-PoliceAdv10rds and Resols-'06'Agenda Item -Junk.dCl<' AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 26, JUNK DEALERS, BY ADDING A PROVISION TO REQUIRE THE SHOWING OF PROPER IDENTIFICATION FOR ALL PEOPLE SELLING JUNK AS DEFINED IN THE CHAPTER; PROVIDING FOR SEVERANCE, PROVIDING FOR PUBLICATION, PROVIDING FOR PENAL TIES, AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 26, Junk Dealers, Section 26-4, Records to be kept; inspection, be amended to read as follows: Sec. 26-4. Records to be kept; inspection. All persons engaged in the business of buying and selling junk shall keep at their place of business a well-bound book in which shall be entered a description of all junk or other goods or articles bought, the date of purchase thereof, the name, sex and residence of the person from whom the junk was purchased and a notation showing to whom the junk was sold, or how the same was disposed of by the dealer. The dealer shall identify all persons sellina iunk by reauirina the disolav and notation in the book of the individual's driver's license number or other positive means of identification. The dealer is also reauired to obtain a sianed statement from the person sellina iunk that states he or she is the riahtfuI owner of. or is authorized to sell. the iunk in his or her oossession. The books shall be at all times open to the inspection of the chief of police or other officer designated by hIm ,. . . .. ,... SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6, ~---"'- SECTION 5. 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 on this the 12th of September, 2006. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary Approved as to legal form _~r f ai-v ~, 2.<JX By: .~~I~ Josep Harney : Assistant City Attorney F or City Attorney - -- 2 Corpus Christi , Texas day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an el1lergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you s~pend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jeny Garcia Bill Kelly Rex A. Kinnison Je.e Noyola Mark Scott .........- 15 ......'''...-..- "....- AGENDA MEMORANDUM City Council Action Date: September 12, 2006 S~JECT: Kiwanis Softball Field Improvements. (Bond Issue 2004) AgJNDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Construction Contract with Centennial Construction, Inc. in the amount of $38,607 for the Kiwanis Softball Field Improvements. (Bond Issue 2004). IS..,E: Under the 2000 Bond Issue, irrigation and lighting upgrades and improvements we~ made to several area outdoor sports facilities citywide to meet the high demand for sports facilities on a year round basis. This 2004 Bond project will provide a variety of needed improvements to approximately 14 sports fields throughout the City. This first project will address needed improvements at the Kiwanis Softball Field located on North Beach. .EYJDING: Funds for this project are available from the Parks and Recreation Capital I mprovement Budget. ~OMMENDATION: Staff recommends approval of the motion as presented. / tilt 1'.. r~ ~~6' ~e . Escobar, P.E. r Irector of Englneenng Services H\HOME\L YNDASIGENIPARKS\Bonr! Issue 2004 3308 - K,walna" ':,eid\Aqel':ia Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Kiwanis Softball Field Improvements. (Bond Issue 2004) P~JECT DESCRIPTION: Under the 2000 Bond Issue, irrigation and lighting upgrades and improvements were made to several area outdoor sports facilities citywide to meet the high demand for sports facilities on a year round basis. This 2004 Bond project category will provide a variety of needed improvements to approximately 14 sports fields throughout the City. This first project will address needed improvements at the Kiwanis Softball Field located on North Beach. Project improvements include the demolition and new construction of approximately 1,100 linear feet of fencing and 20 foot backstop for the Kiwanis Softball Field, the only sports field located on North Beach. The existing fencing has exceeded its economic lifecycle and does not meet ASA Standards of fence height for sports play and safety. Upon completion of demolition and removal of existing fencing, new fencing will be installed as follows: · Crowd fencing - 4 foot height · Outfield fencing - 6 foot and 8 foot height · I nfield fence - 10 foot height, and · New 20 foot backstop MSlHOD OF CONSTRUCTION: Due to the successful completion of the ADA/Co-ed Fire Station Improvements to Fire Station #13 utilizing a Job Order Contract (JOC) through the Texas Cooperative Purchasing Network (TCPN), this method of construction will be used to complete the work at Kiwanis Softball Field. Evaluation of the Fire Station work showed a quatity product delivered at an equitable price. This method of construction will be employed for several Bond Issue 2004 projects were applicable as long as cost savings can be realized. Although the contractor, Centennial Contractors, Inc., is from San Antonio. Texas, they are using local sub-contractors to assist with construction. To review the Job Order Contract Method, this is an alternative method of construction delivery that utilizes a Job Order Contract (JOC) through the Texas Cooperative Purchasing Network (TePN). Under Texas Local Government Code 271.120, "A governmental entity may award Job Order Contracts for the minor construction, repair, rehabilitation, or alteration of a facility if the work is of a recurring nature but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of pre-described and pre-priced tasks." Use of this construction method is intended to maximize the available construction funds provided under the 2004 Bond Election. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method' ~. ,.,.. 1. Allows a better defined scope with cost for the customer. 2. Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. 3. Each delivery order is a stand alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. 4 Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce andior eliminate unforeseen conditions and excessive cost growth. The Texas Cooperative Purchasing Network (TCPN) advertised and competitively awarded the Corpus Christi areas to Centennial Contractors, Inc. of San Antonio, Texas. The award was based on contractors offering the best discount factor to published construction unit price books (RS Mean's) RS Mean's provides detailed costs for construction materials, labor and equipment with a local area cost factor throughout the Country. Centennial Contractors was the successful contractor for the Corpus Christi Area with a discount factor, "coefficient" that basically equates to 75% of the published RS Means cost. P~JECT 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 facitities. provide for growth, and protect the City's investment in its infrastructure. ffIOR COUNCIL ACTION: 1. November 10, 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 residence 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) 2. March 29. 2005- Ordinance approving the FY 2004-2005 Capital Improvement Budget for $178,074,800. (Ordinance 026188) 3. September 20,2005 Resolution approving the terms and conditions of an Interlocal Agreement between the Region IV Education Service Center, which sponsors The Cooperative Purchasing Network (TCPN), providing for a Cooperative Purchasing Program for goods and services; designating George K. Noe, City Manager, or his designee as official representative of the City of Corpus Christi relating to the program. (Bond Issue 2004) (Resolution No. 026466) ~ ffIOR ADMINISTRATIVE ACTION: 1. Auaust 26.2004 - Distribution of Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 2. March 25. 2005 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 3. April 13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). EYJURE COUNCIL ACTION: Approval of various construction contracts to complete the Sports Field projects as required. .......- September 5, 2006 Centennial Contractors Enterprises, Inc. 5411 Bandera Rd. San Antonio, Texas 78238 SUBJECT: JOB ORDER CONTRACT, DELIVERY ORDER #2, POWER STREET PUMP STATION HVAC IMPROVEMENTS, FY06 Ladies/Gentleman: Thi$ letter constitutes the award of Delivery Order #2, per the contract agreements set forth in the TCPN Job Order Contract with Centennial Contractors Enterprises, Inc (CeE) awarded by City Council on September, 20, 2005. Enclosures (1-6) provide the specific proposal accompanying this Delivery Order. Delivery Order #2 is awarded in the amount of $38.607 with 60 calendar day construction duration. D8Iivery Order No. No.1 Project Description -iProJectUT # I I i---- --. t i 5170 i t-----+ i 3308 I ! . n j '"-"'---"--'~-- Award DO Contract Date Amount Total -~- $75,048.00 $75,048.00 November 08,2005 September $38,607.00 $113,655.00 1_~L~QQ~ - -'.~- --- No.2 Fire Sta #13 Coed/ADA _ !mprovements Kiwanis Field Imp~_~"~rnents..!.l3ond 2004 Exhibit "8" Page 1 of 4 CENTENNIAL CONTRACTORS ENTERPRISES, INC. 541 I Bandera Road Suite 304 San Antonio, TX 78238 Scope of Work City of Corpus Christi - Park Maintenance Kiwanis Park Fence Project Revision No. I 8/1/2006 GElNERAL The following items of work will be performed at Kiwanis Park in Corpus Christi, TX. All work is to be performed during normal working hours (M-F, 7:00 AM - 5:00 PM), except holidays. · Wages: All wages paid on this project must conform to the Davis-Bacon Act. · Safety: This scope of work is subject to the safety standards established by the most current OSHA Standards for the Construction Industry, 29 CFR Part 1926. · Site Cleanliness: All subcontractors will be responsible for the daily removal and disposal of all debris generated by the performance of their scope of work. CONTRACT DOCUMENTS · TCPN AREA JOB ORDER CONTRACT for AREA B. · CCE Coefficient Cover Sheet · Means line item estimate CONSTRUCTION SCHEDULE · This schedule for this proposal will be 60 days from the Notice to Proceed. Exhibit "B" Page 2 of 4 SCOPE: General Intent of this Contract Demo Section: Remove and dispose of all the fence fabric and line post associated with the Kiwanis Park haseball field. Inclusive in this, is all associated concrete and wire ties and old hard\\ are. 2 Remove and demo the complete hackstop. 3. Demo all the existing personnel and equipment gates associated with this field. Construction Phase: 1 We will construcl a new fence using the materials speci fied below A. Top Rail: 1-5 8 "schedule 40 galvanized pipes. B. Fence Fabric: 2" diamond 9 gauge x 72" wire C Gate Frames: 2" and I 5/8 welded frame gate with 3"sch 40 end and comer Posts D, Large Drive (rate: will have 4"sch.40 pipe. r: Llllc Post: - \\ e wi II use Tsch 40 pipes. 2. We will replace the outfield fence with 8' fence fabric, the 4' base line will be upgraded to 6' tal! fence and the 9' fence will be upgraded to 10'ft high. 3. The backstop specifications are as follows: A. Horizontal rail will be [ 5/8" pipe connected with all associated clamps and hardware. B. The vertical post will be 3" post with backstop adapters. 4. The new fence will match existing footprint of the old fence. 5. The total sq ft of 8' fence will he approx. 48{)' this includes a small amount for waste, 6. The total sq. ft of6' fence will he approx. 340' this includes a small amount for waste. Exhibit "B" P<>no 't nf ;1 . ..-'.ii;J'" - -.. 7 The total sq. ft of 10' fence will be approx. 205' this includes a small amount for \\ aste 8. The hackstop will be constructed per the approved manufacturer's shop drawings. 9. We will coordinate with the local utility companies to due a line find. Sullmittals: Fence fabric, post material and backstop. EXCLUSIONS Centennial will leave the construction site clean and in an orderly manner. The City of Corpus Christi Parks & Recreation Department will be responsible for repairing or replacing any of the soil or sod, which might be damaged during the normal construction process. End of Scope Exhibit "B" Page 4 of 4 '~"'- file \ Mpro oed \ councilexhibits \ exhJJ08.dwg ~ I ~ Ii I CUF'PUC; CHRISTI BAY HlY44 Ii LOCA TION MAP NOT TO SCALE l___ \, ~\ / / m c: li ~i 0: :::J CC T A ~ / +-+--+-..- ~~ PROJECT SITE s VICINITY MAP NOT TO SCALE CITY PRlJJECT No. 3308 EXHIBIT "c" KIWANIS SOFTBALL FIELD IMPROVEMENTS (Bond Issue 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09-06-2006 . -- - - - - 16 <......,.,............... AGENDA MEMORANDUM City Council Action Date: September 12, 2006 SUBJECT: City Hall HVAC Chiller & Chiller Pump Alternate Power (Project No. 4317\ AlENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with C.W. Campbell Electric of Corpus Christi, Texas, in the amount of 553,414 for the City Hall HV AC Chiller and Chiller Pump Alternate Power Project for the tote I Base Bid and Additive Alternate NO.1. ~ City Hall's primary cooling system consists of two gas absorption chillers: a 250-ton chler and a 200-ton chiller. The backup cooling system consists of a 50-ton electric chiller. To ensure efficiency and maximum functionality, the solution pumps and the primary chilled water pumps of the primary chillers should be connected to backup power to prevent solution "rock up" during a power outage. The project has bid and is ready to be awarded, which requires City Council approval. FlI'4DING: Funds for this project are available from the FY 2006-2007 Operating Budget. BJCOMMENDATION: Staff recommends approval of the motion as presented. ~ ~ ~ rpt A R. Escobar, P.E. irector of Engineering Services ~itional Support Material: ExHibit "A" Background Information Exllibit "B" Bid Tabulation Exmbit "C" Project Budget ExAibit "0" Location Map H \HOME\Rachelle\GEN\Public Facilil.es\4317.CI1' Hall HVAC\Ccmstrucllcn\Agenda Memo doc .- BACKGROUND INFORMATION SlIJJECT: City Hall HVAC Chiller & Chiller Pump Alternate Power (Project No. 4317) PAIOJECT DESCRIPTION: The project consists of a Total Base Bid and Additive Alternate No. 1 as follows' · Total Base Bid: consists of electrical demolition, reconfiguration of the existing motor control center (MCC), and installation of a new MCC feeder. · Additive Alternate NO.1: consists of the reconfiguration of the existing McQuay gas absorption chiller controls, reconfiguration of the existing McQuay electric chiller controls, and reprogramming of the Energy Management Control System (EMCS). U INFORMATION: The City received proposals from two bidders on August 30,2006 (see Exhibit "B" Bid Tabulation). The engineer's estimated construction cost is as follows: Total Base Bid' $38,231 Additive Alternate NO.1: $63,062 Total: $101,293 The consultant (Bath Engineering Corp.) and City staff recommend that the construction contract be awarded in the amount of $53,414 for the total Base Bid and Additive Alternate NO.1 to C.W. Campbell Electric of Corpus Christi, Texas, for the City Hall HVAC Chiller & Chiller Pump Alternate Power Project ~TRACT TERMS: The contract specifies that the project will be completed in 120 calendar days with completion anticipated in mid-February 2007. fBtJECT BACKGROUND: City Hall's primary cooling system consists of two gas absorption chillers: a 250-ton chiller (WCU-1) and a 200-ton chiller (WCU-2). The backup cooling system consists of a 50-ton electric chiller (WCU-3). To ensure efficiency and maximum functionality, the solution pumps and the primary chilled water pumps of the primary chillers should be connected to backup power to prevent solution "rock up" during a power outage. Chiller 1 and chilled water pump 1 are currently on backup power. Additionally, the backup chiller should be connected to backup power to maintain cooling of the MIS computer room during a power outage. PR R COUNCIL ACTION: 1 ul 25 2006 - Adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2006, to be filed with the County Clerk; appropriating monies as provided in the budget: and providing for severance. (Ordinance No. 026908) ~R ADMINISTRATIVE ACTION: 1. ~Iv 7. 2004 - Administrative approval of a small agreement for consultant services with Bath Engineering Corp. in the amount of $23,835 for the City Hall Chiller and Chiller Pump Emergency Power Project H\HOMI!IRachelleIGENIPubllc FacllilleS\4317.Cily Hall HVAC\ConstrucllonlAgenda Background doc .- en <( >< W l- t=: en a:: ~ o en ::> Q. ~ enO cO -IJ.. COo ~~ z- OO t=:c, <(z ...J_ ::>~ COW <(W I-Z (5 Z W IJ.. o I- Z W ~ I- D:: <( Q. W o o III 0>- 'CO MO N .... - CO co "0 Me: ~Q) . . ro 20 ~o ._ N in...... W e: III 0 -...... ~ Q) Q) ~'O. - E 0)0 tl]O '0 Q) E i= III Q) U ~ Q) (f) 0) c:: C Q) Q) !: 0) c:: W - o .... o ... U ~ o W a.. ..: CO .0 o U III W il c:: . ~~ if ~~ r- 002 0;:) :;0 Q).....:a: Co >< <{ c,j01- .Eli;: ~ e f/) j! <( 'r: ~Nt3W U')f/)U N::::I- e2: 8t: 2 ;:) 001- (J 0 2 EQ)'Iit::> (Je~O Q)ns 00:::: W- ..J >< 0::::: 1-<( =a;Gi;: ..0 ~ .!! Co.&i ... E;.cw nsOOU o N f/) - . 0 ::::I e:: ~ CO e- a.. . 01- o Oz ::> , D:: W ~ i D::~ Ww ...JI-..... ='<(~ ~ZM O~'Iit OWc) <(I-Z >;i,1- J: 0 ..JCLW ..J~.., <(::>0 ::I:Q.~ >-D::l1.Z I-W 0 0:1 t i: c:: o u ~ (f) W o o 1Ii w (f) <{ (]) ~..._- o 0 o 0 o c:i o 0 ~. "'It CD fIi (") C"') ~ ~ o o o o oq-. CD (") loft o 0 o 0 oq- ..t (j) en ~. 'lit oq- ...; N N ~ ~ o o ~ Ol oq- '>t N ~ t: Z ::> (j) >- I- o 2 Q) 0-0 E Q) OJ ~ iii .!: U g C u;U:p 'x :a: ~ m als:<+= W a ~.~ .~ 6-o.Em ._ 0 III ~ ro c:: -0 1Il...J ....Oc:.....e( :::l:p co E'I- .g>~IIl:::lO c::coC::-1- o ... co .... U~a.~ ~ .-. Q) (]) ...-....c() c::u.......co .Qu E "" ....... :E .- ..... ~~~~ E....Q)-o Q)2Uc:: "Ocffiro ro~"E2 U-OQ) 'C 0 U -;:::;: U l:; U ......E Q) c: co ill 8 ,c: 8 "- t- 002 0::> :;0 Q) ..... :a: , Co>< <{ (J01- e- - Q) ._~ .. ... ~ef/) ~ <( 'r: ns......c ::ENUW U')f/)U N::::I- e2: 8t: 2 ::> 001- (J 0 2 'r: 'lit::> t)~~o ~ns><:E W~I-<{ - - Q) Q) ..: ..o~- Co .&i .!! e ... Ens.cw nsoUu ONf/)- ;:ge,2: , 01- o Uz ::> ~ W ~ o::~ Ww ..JI-.....Z ='<(~O ~ZC")~ OD::~9: ()Woa::: cx:l-zu ><i!I-(f) J: OW ..JCLWO ..J::l!..,...- cx:;?oo' ::1:....0:: >-o::Q.Z I-W W -..J I- O..J <{ - Z ::I: 0::: o W ~ I- ...J <{ W > i= o o <{ o o o o l(). co ...- ~ o o o o l() co ..- loft o o o N Ol co N ~ o o o N Ol co N ~ !:: Z ;:) (f) -! ~ I- o ~~ c .... c .Q iU' Q) co c: ....... :J C -0 .- O'OW....-O .... ...... 0 c: 55 U 0 0 co .0 :a: 0) l6 al co O).!: c:: Q) ~ ~ E-. a. 0).!!1 E if) E >-~~uR co 0> ""= .... :::l ...... 0 0::::: . 00.... W III ucg-~g :E 0 .... E .- OJ~-g2~ .!: :::l co ~ ~ ~.g>CliU)al xc--o. Q) 0 e e III E O~CC"O:J .... 0 0 c: (/) 611iOUcoo.. :Po(j)c~E ~l:;:=Q)co:::l g,g{3Ea.-;:: ij::UuQ)Q)~ c .... .- O).c: oQ)l:;co.......Q) al:=alffi:E~ cr:::{3(j)~s:a. 00 00 c:ic:i 00 Il)en ~~ ~~ 00 00 c:>..t N~ en 'lit cOM NU') ~~ ..... c) 9z COW ~I- .e( OZ z~ WW ....1- <C~ z- D::w w2: 1-1- ..J- cx:g We( 2: + !:c e- eco <cW ..Jen c:ee( ...CO o~ 1-- I- o I- EXHIBIT "B" Page 1 of 1 CITY HAll HVAC CHillER & CHillER PUMP ALTERNATE POWER (PROJECT NO. 4317) PROJECT BUDGET September 12,2006 FUNQS AVAILABLE: IBUilding Fund ESTIMATED BUDGET 1$ 88,864.00 I FUNQS REQUIRED: Construction Cost (C.W. Campbell Electric) $ 53,414.00 Construction Contingencies 5,341.00 AlE Consultants (Bath Engineering) 23,835.00 Construction Inspection 2,137.00 Engineering Reimbursements 1,602.00 Finance Reimbursements 535.00 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 - . - T ota!........ .. -.... ...... .... .... -.... ..... ..... .. ................................................. $ 88,864.00 EXHIBIT "e" Page 1 of 1 ~ lie. \Mproject\C0uncllexnlblts \exl'14J .awy ;.~. --~ ' ~\~\ r'. ~~~~ PROJECT LOCA TION ACHES D:: CORPUS Q l- D:: CHRISl1 2 INTERNAllINAl. ~ BEAR AIRPORT ---y ~ N CORPUS CHRISTI BAY LOCA TION MAP NOT TO SCALE PROJECT SITE , ~. Ben Garz Park CITY PRQJECT No. 4317 VICINITY MAP NOT TO SCALE CITY HALL HVAc.; CHILLER & CHILLER PUMP AL TERNA TE POWER CITY COUNCIL EXHIBIT CIlY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09-05-2006 - ~ N EXHIBIT "D" ~ -- - - - - 17 -~-'- AGENDA MEMORANDUM City Council Action Date: September 12, 2006 SI.I3JECT: Country Club Estates Lift Station (Project No 7301) A<J:NDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order NO.5 to the construction contract with Big State Excavation Inc. of Houston, Texas In the amount of $136,493.50 for a total re-stated fee of $1 ,245,691.01 for the installation of an emergency generator for the Country Club Estates Lift Station. ~ The force main along Everhart and Saratoga had experienced numerous failures due to age and the effect of sewer gases on the materials of construction. Therefore, in May 2005 a contract was awarded to Big State Excavation Inc. to re-route the discharge of the Country Club Estates Lift Station to connect to the recently constructed Force Main "C". An emergency generator is needed in order to provide emergency electrical power in case of an extended power outage (such as after a hurricane).The proposed change order to the construction contract requires City Council approval. fYtIDlNG: Funds for this project are available from the FY 2005-2006 Wastewater Capital Improvement Budget. R~OMMENDATION: Staff recommends approval of the motion as presented. ( -R~~ ."JGjo G Foster Crowell 7\ Director of Wastewater Services WI ?: ~~ ~e R. scobar, P.E. irector of Engineering Services ~tional Support Material: ExHibit "A" Background Information Ex!Wbit "B" Change Order Summary Exhibit "C" Location Map >-/IHOMEIRachelleIGENIWastewater\7301 (7027)'.\,'.0 No 5\Agenja Memc dOl - BACKGROUND INFORMATION ~JECT: Country Club Estates Lift Station (Project No. 7301) 9t\NGE ORDER NO.5 DESCRIPTION: The proposed change order is being requested in order to install an emergency electrical generator for use in case the lift station loses electrical power for an extended period of time. Continuing operation of the lift station is imperative to meet flow demands and TCEQ requirements. Daacriotions of Chanoe Orders Nos. 1-4: r Chanoe Order NO.1: Revised the location of the odor control system and reduced the limit of the site improvements. In addition, the existing line was shown as a 16" line but it was actually a 24" line and the new line needed to match the size of the existing line. r Chenoe Order NO.2: During pipe replacement required by the project, the spool piece was found to be severely deteriorated and required replacement. ,. Chanoe Order NO.3: The piping layout required a change to allow the discharge piping to be full; otherwise, the meter will not operate properly. , Chanoe Order NO.4: City staff at the Wastewater Department requested the addition of a generator set at this location for emergency power. This change order includes the slab and electrical conduit for the future generator set (proposed in CO No.5). CONTRACT TERMS: An additional 120 calendar days is being requested with Change Order No.5, with completion anticipated by January 2007. FUlJDlNG: Funds for this project are available in the FY 2005-2006 Wastewater Capital Improvement Budget ~KGROUND INFORMATION: The Country Club Estates Lift Station was designed to discharge sewer flow through a 24- inch force main along Everhart and Saratoga Boulevard eastward to the discharge point on Cimarron Boulevard Trunk Main. The flow then proceeded by gravity to the Williams Drive Lift Station The force main along Everhart and Saratoga has experienced numerous failures due to age and the effect of sewer gasses on the materials of construction. This project will re-route the discharge of the Country Club Estates Lift Station to connect to the recently constructed Force Main "C", Force Main "C" is a new 24-inch PVC force main which was routed from the Country Club Estates Lift Station through the Corpus Christi Country Club to the Cimarron Street trunk discharge. This project will also reconnect the Weber's Glen Lift Station Force Main discharge point from a manhole located near the Snowgoose and Everhart intersection to the Country Club Estates Lift Station. This will be accomplished by re-activation of a dormant 12-inch force main located along Everhart between Snowgoose and the Country Club Estates Lift Station. H\HOME\Rachelle\GEN\Waslewater\7301 f(027)\':O No SlAgenda Background doc ;~ Additional work will include the installation of dual flow meters at the recently completed Kostoryz Lift Station. This will provide necessary additional information to the Wastewater Department concerning the inflow and infiltration (I & I) identification to aid in control and reduction thereof. All new lift stations now require metering and as budget allows, all existing lift stations will be retrofitted with metering to help the City's I & I effort and meet TCEQ regulations P.OR COUNCIL ACTION: 1. March 11, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.8 to the Consultant Contract with Goldston Engineering, Inc. for a total fee not to exceed $359,130 for the Force Main Repairs and Replacement Project - Force Main Line "C". (Motion M2003-101) 2. March 29, 2005 - Approval of the FY 2005 Capital Improvement Budget for $178,074,800 (Ordinance No. 026188). 3. Mav 10, 2005 Motion authorizing the City Manager or his designee to execute a construction contract with Big State Excavation of Corpus Christi, Texas in the amount of $1,027,420 for the Country Club Estates Lift Station Upgrade and Connection to Force Main "C" for the Total Base Bid and Additive Alternate NO.1. (Motion No. 2005- 132 ~R ADMINISTRATIVE ACTION: 1. October 23. 2003 - Administrative approval of Amendment NO.9 to a Contract For Professional Services in the amount of $9,320 with Goldston Engineering, Inc. for Force Main Repairs and Replacement Line C. 2. November 11, 2003 - Administrative approval of Amendment NO.1 0 to a Contract For Professional Services in the amount of $24,950 with Goldston Engineering, Inc. for Force Main Repairs and Replacement Line C. 3 March 28. 2006 - Administrative approval of Change Order NO.1 to the construction contract with Big State Excavation Inc. in the amount of $18,545.01 for the Country Club Estates Lift Station. 4. Mav 10, 2006 - Administrative approval of Change Order NO.2 to the construction contract with Big State Excavation Inc. in the amount of $21,801.53 for the Country Club Estates Lift Station. 5. June 21, 2006 - Administrative approval of Change Order NO.3 to the construction contract with Big State Excavation Inc. in the amount of $22,592.72 for the Country Club Estates Lift Station. 6. ~uly 28. 2006 - Administrative approval of Change Order NO.4 to the construction contract with Big State Excavation Inc. in the amount of $18,838.25 for the Country Club Estates Lift Station. HIHOME\RachellelGENIWastewater\7301 (7027)\CO No 5\Agenda Background doc ~~""""-' Department of Engineering Services Change Order Summary Sheet September 12, 2006 PROJECT: Country Club Estates Lift Station Project No 7301 APPROVED: City Council on 5/10/05 - Motion No. M2005-132 CONTRACTOR: Big State Excavation, Inc. 15531 Kuykendahl, Suite 280 Houston, TX 77090 TOTAL CONTRACT AMOUNT.......... 25% Limit Amount... ......... $1,027,420.00 256,855.00 Change Order No. 1 (3/28/06) .......... Change Order NO.2 (5/10/06).. ...... . Change Order NO.3 (6/21/06).. ........ Change Order NO.4 (7/28/06) ........... Change Order No. 5 (9/12/06) .......... Total. . . 18,545.01 21,801.53 22,592.72 18,838.25 136,493.50 218,271.01 = 21.24% < 25% ~..._"..... V"#proJect \ co"V'cilexhibits \ exh 7301 .dwg \ ~ N /\LW'-~-/ NUECES BAY D ,. CORPUS CHRISTI BAY D =j;' :z- 0- COUNTRY CLUB ESTA TES LIFT STA TION GULF OF MEXICO LoeA TION MAP NOT TO SCALE PROJEC1 No. 7301 EXHIBIT "C" COUNTRY CLUB ESTATES LIFT STA TION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS UtPARIMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/05/2006 ~ -- - - - - 18 -",,- AGENDA MEMORANDUM City Council Action Date: September 12,2006 SUBJECT: SanItary Sewer Manhole Replacement Old Brownsville Road / Omaha Drive (Project No 7335) MjENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No, 2 to the construction contract with Big State Excavation Inc. of Houston, Texas in the amount of $240,572.66 for a total re-stated fee of $1,356,883.66 for additional costs Incurred and a point repair allowance for the Sanitary Sewer Manhole Replacement Old Brownsville Road! Omaha Drive project. ~ The original construction contract awarded to Big State Excavation Inc. was necessary in order to replace four (4) sanitary sewer manholes and adjacent sanitary sewer gravity mains (3 in the Old Brownsville Road/Omaha Drive area and 1 on Bonner Drive). Due to additional costs that were incurred and a point repair that needed to be made, a change order is being requested to the construction contract, which requires Council approval .EY,tlDtNG: Funds for this project are available from the FY 2005-2006 Wastewater Capital Improvement Budget. B9..COMMENDATION: Staff recommends approval of the motion as presented. \ ,.~ '('-- ~, ~ ~___"j,~~,,~ --G,-O ~ Foster Crowell Director of Wastewater Services ~ trlf:- >- ~Il~ t/~~ ~gel R. Escobar, P. E. irector of Engineering Services atienal Support Material: Ex' it "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map H\HOMfIRachelleIGENIWastewater\7335\CO No 2\Agenda Memo doc BACKGROUND INFORMATION ~ECT: Sanitary Sewer Manhole Replacement Old Brownsville Road I Omaha Drive (Project No. 7335) 9lANGE ORDER DESCRIPTION: Change Order NO.2 consists ofthe following additions to the construction contract · Item A9: 24" PVC Sanitary Sewer Gravity Main, 55 LF @ $500.00 per LF - $27,500.00 · Item A13: Trench Safety for Excavations, 31 LF @ $2.00 per LF - $62.00 · Item A16: Wellpointing, 450 LF @ $30.00 per LF - $13,500.00 · Item AA2: Trench Safety for Excavations, 50 LF @ $20.00 per LF - $1,000.00 · Item A 17: Removal of Concrete Cradle from under 42" Line, 1 Lump Sum - $21 ,548.45 · Item A18: Additional depth of Manhole #9905,1 Lump Sum - $24,983.78 · Item A 19: Removal of Grout in 42" line upstream of MH 9901 to install bypass plug, 1 Lump Sum - $23,97843 · Hem A20: Allowance for Point Repair including all labor, equipment, material, bypass pumping, traffic control, and pavement repair, 1 Lump Sum - $128,000.00 Total for Change Order No.2: $240,572.66 Chaloe Order NO.2 was necessary for the followino reasons: -/. Items A9, A13, A16 and AA2: The plan quantity of these items was overrun. The additional quantities were required to connect to the existing sewer lines at the proper grades ..; New Item A 17: After excavation of Manhole 9905 and the upstream line, a concrete cradle was discovered under the existing line. This cradle was not shown on any of the plans for the existing line. Removal of the line was necessary to replace the damaged FRP pipe. ..; New Item A 18: Flowline elevations of the manholes were taken prior to the preparation of the plans. Prior to work beginning on this manhole, it continued to sink requiring extra effort to excavate the old manhole and install the new manhole. ..; New Item A 19: During the installation of the bypass plug in MH 9901, grout was discovered in the flowline of the pipe. Removal of this grout was necessary in order to properly install the bypass plug so that work could proceed. EXHIBIT" A" Page 1 of 3 H \HOMElRachelleIGEN\Wastewater\7335\CO No 2 Agenda Background dO: ~- ./ New Item A20: During initial attempts to clean and televise the 27" diameter line segment between MHs 10367 and 10359 (Old Brownsville Road west of Omaha), a significant amount of infiltration and sand was encountered. This is indicative of a large opening in the line and a potential for a cave-in. Once the location of the source of the infiltration is pinpointed by the televising, a point repair will be required. At this point the extent of the repairs IS unknown An allowance is being established for this work. ,QtNTRACT TERMS: Change Order No. 1 added 5 calendar days to the original construction time and Change Order No. 2 adds 40 calendar days, for an additional 45 calendar days. Completion is anticipated in October 2006. fIOJECT BACKGROUND: The City's Wastewater Department has experienced a number of cave-ins, blockages, and settlements on several sanitary sewer trunk mains throughout the city over the years. The contract with HDR Engineering Inc. (approved on March 28, 2000) was first initiated to address those issues in a variety of locations and Involved several different projects, some of which have already been constructed. They are listed as follows: . West Point/Greenwood Trunk Main Rehabilitation (Project No. 7143) . Staples Street Trunk Main Rehabilitation (Project No. 7144) . Omaha Street Trunk Line Rehabilitation (Project No. 7145) . Antelope 24-inch Trunk Main Rehabilitation (Project No. 7175) . Infiltration/Inflow Related Collection System Enhancement Program at South Staples, Timbergate, Cimmaron, Sycamore (Project No. 7182) . Moore Plaza Line Sanitary Sewer Rehabilitation (Project No. 7251) . Allison WWTP Trunk Main Line "A" (MH 4975-MH 10921) and Line "B" (MH 10917- MH 10916) (Project No. 7252) . Greenwood Trunk Main System (Project No. 7292) . IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive) Cleaning and Televising (Project No. 7304) .eJJOR COUNCIL ACTION: 1 March 28. 2000 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with HDR Engineering, Inc. for a total fee not to exceed $396,574 for the Sanitary Sewer Trunk Main Rehabilitation as follows: . West Point/Greenwood Trunk Main Rehabilitation . Staples Street Trunk Main Rehabilitation . Omaha Street Trunk Line Rehabilitation . Antelope 24-lnch Trunk Main Rehabilitation . Infiltration/lnflow Related Collection System Enhancement Program: South Staples from Saratoga Boulevard to Timbergate; Timbergate from Staples Street to Opengate; and Cimmaron Boulevard from Saratoga Boulevard to south of Lipes Boulevard. (Motion No. M2000-096) 2. March 28.2000 - Motion authorizing the City Manager, or his designee, to execute an agreement for construction materials engineering laboratory's inspection and materials testing services with Trinity Engineering Testing Corporation for a total fee not to exceed $21,800 for the Sanitary Sewer Trunk Main Rehabilitation. (Motion No M2000-097) .5. rebruarv 2L'... 200:5 - Motion authorizing the City Manager, or his desiQnee, to EXHIBIT "A" Page 2 of 3 \HOMEIRacheile\C;EN\WaSlewate.'7 33.5'CO N 2\Age!!oa BaGkgru.j.., execute Amendment NO.8 to the Contract For Professional Services with HDR Engineering, Inc. in the amount of $182,436, for a total re-stated fee of $670,642, for the Sanitary Sewer Trunk Main Rehabilitation Project for manhole replacements and cast iron pipe rehabilitation. (Motion No. M2005-062) 4. March 29, 2005 - Ordinance approving the FY2004-2005 Capital Budget in the amount of $178,074,800 (Ordinance No. 026188) 5. October 25,2005 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Big State Excavation Inc. of Houston, Texas in the amount of $1,093,730 for the Sanitary Sewer Manhole Replacement Old Brownsville Road! Omaha Drive. (Motion No. 2005-366) ffIOR ADMINISTRATIVE ACTION: 1. Mav 16. 2000 - Executed Amendment No. 1 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $14,412 for a total restated fee of $410,986. 2 AUQust 7.2001 - Executed Amendment NO.2 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $7,110 for a total restated fee of $418,096. 3. February 26.2002 - Executed Amendment NO.3 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $10,500 for a total restated fee of $428,596. 4. March 6. 2002 - Executed Amendment NO.4 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $3,250 for a total restated fee of $431 ,846. 5. April 10, 2003 - Executed Amendment NO.5 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,500 for a total restated fee of $438,346. 6. September 5. 2003 - Executed Amendment NO.6 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,906 for a total restated fee of $463,252. 7 March 29. 2004 - Executed Amendment NO.7 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,954 for a total restated fee of $488,206. 8 March 21. 2005 - Executed Amendment NO.9 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $5,843 for a total restated fee of $676,485. 9 June 9, 2005 - Executed Amendment No. 10 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,800 for a total restated fee of $683,285. 10. September 16. 2005 - Executed a Testing Agreement with Fugro South for the Sanitary Sewer Manhole Replacement Old Brownsville Road / Omaha Drive in the amount of $2,625. '11. September 5. 2006 - Administrative approval of Change Order No. 1 to the construction contract with Big State Excavation Inc. of Houston, Texas, in the amount of $22,581 for the Sanitary Sewer Manhole Replacement Old Brownsville Road/Omaha Drive project EXHIBIT" A" Page 3 of 3 ci \HOMElRachelle\GEN\Wastewaler\~135\CO No ?\Agenda BacKgroUl.d Jo - DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET SEPTEMBER 5, 2006 PROJECT SANITARY SEWER MANHOLE REPLACEMENT OLD BROWNSVILLE ROAD/ OMAHA DRIVE PROJECT No 7335 Approved by: Contractor CITY COUNCIL BY MOTION NO. 2005-366 on OCT. 25, 2005 BIG STATE EXCAVATION, INC. 15531 Kuykendahl, Suite 280 Houston, TX 77090 TOTAL CONTRACT AMOUNT ...... 25% Limit Amount... ... . ... $1,093,730.00 273,432.50 Change Order No.1........................................ $ 22,581.00 Change Order No.2........... ....... ...................... $ 240,572.66 Total Change Orders .................. ................... $ 263,153.66 TOTAL All Change Orders.............................$ 24.06% < 25% ....... .,"""'"' '!Ie ,Mpro' ct\councllexhiblts \exn 13J5.dwg ~ 37~t ik,'~ PROJECT LOCAr/ON :z o F= -- <( UlC) ::> - <(> ~<( :z ~ N CORPUS CHRISTI BAY BEAR LOCA TION MAP NOT TO SCALE ~ I I " '- PROJECT SITE -------1 ~ N ^' II] r- f I Bf"AA LAN~ GOLF COURSE PROJECT SITE HORNE RO _____ ~ Hi rH HTTl VICINITY MAP CITY PR(1JECT No. 7335 NOT TO SCALE EXHIBIT "e" SANITA.Y SEWER MANHOLE REPLACEMEN OW BROWNSVILLE RD/OMAHA DR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09-06-2006 (i -- - - - - 19 ~"."__ ""1'<' CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12, 2006 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.3 in the amount of $36 000 with HDR Engineering, Inc. of Corpus Christi, Texas for the development of a Gas Rate Study, Project No 8542 ISSUE: The amendment proVides for a study of gas rates, development of a rate model and development of marketing strategies needed by the Gas Department. FUNDING: Funding for thiS project is available from the Gas Fund CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended as presented. / ~tf-- . LYi ~j,6 i::j;(L Debbie arroquin. P E Director of Gas Services Attachments: Exhibit A' BackgrouneJ Exhibit'S' Contract Summary HOME\f</!~JC;\GfCN\\'\!A T'=R . Itl'" .Ratei'na!'y'I~\AF'..I'l'"i3Memo DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SLJeJECT: Utility Rate Study (Project #8542) AMENDMENT: This amendment provides for delivery of a full gas utility rate study and model to the City. The original contract focused on water rates, and provided only for a spreadsheet shell of the gas utility to be delivered. The proposed amendment will also provide for analysis and development of gas utility marketing strategies and incentives. The development of the FY2006-2007 Budget revealed that the Gas Utility Rate required modification The gas rate in effect at the time would not recover the base operating costs under all operational scenarios. Council adopted a revised gas utility rate as part of the FY2006-2007 Budget process .14. full gas utility study by utility rate consultants will ensure that the new gas rate will be effective in achieving the City's objectives of fully recovering operational costs with fair and equJtable gas rate. ThiS will include the full development of a gas rate utility model that can be maintained and used by City staff. Staff when then be able to model various scenarios of gas usage and rate adjustments A critical component of the amendment is the implementation of marketing strategies to increase customer and volume bases BACKGROUND: The City Initiated a water rate study with HDR on May 24, 2005. Modification and validation of the utility data base has been completed and is being updated to incorporate FY2005-2006 utility data. The study was initiated in response to the strong desire of the City's wholesale water customers that the City conduct a water rate study to analyze changed conditions and to ensure the water rate is fairly based on those conditions There have been two administrative amendments of the contract. The first amendment in the amount of $24,500 was approved May 1,2006. That amendment authorized payment for work required to resolve and validate various issues with utility data. The second amendment in the amount of $24,000 was approved August 30, 2006 to initiate the collection and analysis of City gas utility data. FUTURE COUNCIL ACTION: Possible modification of the City's gas utility rate ordinance. H' \HOME\KE \; INS \GE NlW ATE RIUtilityR ateAnalyslslAE.Amd38kgExhA.doc EXHIBIT "A" Page 1 of 1 ................c_ Amendment No.3 Contract Summary Section Scope of Services is amended to have Subsection L. Task 12 read: II. SCOPE OF SERVICES M. Task 12 - Gas Utility Rate Study/Model The Consultant will assist the City in developing natural gas rates which will maintain the financial objectives of the City and help promote the growth of the gas customer base and sales. The Gas Utility Rate Study/Model will be conducted in two phases The Consultant will proceed with tasks 12.2 Phase 2 and 12 3 Phase 3 services upon approval of this amendment by the City Council 12.1 Phase 1 - Data Compilation - Phase 1 is limited to data gathering, data compilation, evaluation of r1lunlcipal customer use patterns, municipal customer growth potential, and evaluation of current nnancial condition and current rate design. 2.2 Phase 2 -. Gas Rate Study and Model - DUring Phase 2 the Consultant will fully develop a rate study and mode! that allows for multiple "what-If' analysis and provide four scenarios for the City's consideration 2.3 Phase 3 - Marketinq Strategies Implementation of marketing strategies to increase customer and volume bases will be undertaken on a per diem basis. The strategies will developed by a separate market analyst. The projected cost of implementation of the strategies and anticipated Increases in the number of customers or consumption will be Incorporated Into thel10del tc determine the Impact on gas rates. The Consultant will not proceed with Phase 2 authorized IrI writing as an amendment to the contract. Section II Fees Authorlzecl is amended to read as follows III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $340,290.00. The fee consists of an anginal contract fee of $255,790.00 an Amendment NO.1 fee of $24,500.00, an Amendment NO.2 fee of $24.000 00 and an Amendment NO.3 fee of $36.000.00. Summary of Fees: A.. I ~~;~t<t;t~~the[lng-anQ:l;'it@lPoiicy GUld8n-ce ~ -l B. Ta~~~=-!::valu_~te Cu~tomer _Use and Produc!i()l1J2~t~_ --t. C Task~_=-Exl~JiQg/ProJected Cost of $ervice.. _.j ~_ -i:i~-~ =-~:r:;~=~:~=~0~~~c0fe Fee~:-----=:=~t: F Task 6 - Determine and Allocate Revenue Requirements -- - ..------ -~--- .._-----------------------j-- G Task 7 - Adequacy of Existing Rates and Alternative H:-+ ~:l~~~~;~eiha;:ril"g andT ransiert I -h:aSk 9 _c: Reporting . t _ J ~. I~sk 10 - C;oordination -- . -----rt _ ~ -J..~a\l~i.per-Q~cn_'_pnnting- &-Reproduction La=~:r=~u~~~~== I: J SUbcontractor Expense (Collier Johnson & Woods) + - -- 9,808 .- 1 0,664 25,358 34,348 12,071 -----,-._-- 15,835 10,825 --- 11,135 17,410 80,276 -- 227,730 8,060 20,OOO..J _+ __ .~ _ 9_riginal Con!!act Total ~ i Amendment No 1 ' -~,----,_..._-~,_._-- '--,.. - -...-+ K I Task 11 ... Resolution of Customer Billin Data ~---- "--- --..------~--"- --.---..---.---- - Amendment No.1 Total JArrl~rldm~nt~Q 2_,~__ ___ ___-~-.=~.==.==== ~--t.Ta~~ 1~1.~ Ga.~. Utility Rate Studyliytodel - Phase 1____+,' -+_Ta~~ 1?..:..2.--:_Q~~.Utility Rat~_.?tudy/Model - Phase 2 I -+ Task 12} -=-lmfJlement~tlsm ofQ9s Marketin Strate ies _~-An1~n9me~L~()--~-~-- t\~~e:::.~t~o~_~~~tal 1- M fTa~~ 1;L1..:-... Ga..s Utility Rate Study/Model - Phase 1 .__ ,.I9s~ 12. 2-=Qa.~Utility Ra~_SJud.1'/Model - Phase 2._ ... . T9sk 12.3 = Implement~~gn.()f G~~~~~~~~t ~~~~e T~t~1 -1 __~.!!1~!1~ed ,T ~~ '-' $255,790 24,500 24,500 -- 24,000 TBA TBA $24,000 Previously Authorized _'0-_'- 26,000 1 0,000 $36,000 $340,290 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12, 2006 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $60,000 with Bath Engineering, Inc. of Corpus Christi, Texas for the development plans, specifications, bid and contract documents for Corpus Christi International Airoort Terrlinal Chiller Replacement Project NO.1 0008 ISSUE: The current chillers are legacy gas absorption chillers that failed in May 2006 and must be replaced. FUHDING: Funding for thiS project is available from the Airport Capital Fund. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended as presented. ( ~~:I/ ~0/ob Dave Hamrick Director of AViation ~R;::' <r/--- Jitg I R. Escobar, P. E., Director of Engineering Services '/~~6 ~ Attachments: Exhibit A Background Exhibit B Contract Summary Exhibit C Location Map HOME\r: 'Ii' iC:'(:;!' 'J""!P "cst ireci:hillerPep a:er-le'lt2;J06\AEt..\fJiMeIllO DOC BACKGROUND INFORMATION CONTRACT: The engineering contract provides for design, bid, and construction phase services to repface two chillers for the Corpus Christi International Airport Terminal building. A contract summary is attached. See Exhibit 8 ADDITIONAL INFORMATION: The current system at the airport is unreliable and needs to be replaced. The current units are two 450 ton gas absorption chillers that were retained from the old terminal building. Th4tse legacy systems have been subject to frequent failures. It has been difficult to obtain parts and servIce for the units. The current chillers are not currently operating. The Airport IS presently leasing two 200 ton chillers to supply air conditioning. 8ath Engineering was administratively hired to conduct an assessment of the current chiHers and replacement alternatives. During the course of the study, Bath Engineering determined the airport electrical system could support the load of the two leased electric chillers They designed a reusable electrical connection for the two temporary chillers. This allowed the airport eliminate the two leased diesel generators that had been providing power for the chillers The assessment determined that installation of two 250 ton electrical centrifugal chillers was the optimal solution. Replacement of the chilled water pumps with a two loop system consisting of a constant flow primary loop and variable flow secondary loop was also recommended. Calculations indicate that the recommendations would reduce the airport's electrical costs by $35,000 to $50,000 per year while improving system reliability and reducing maintenance costs. The system will be designed to permit the installation of a third chiller at such time as terminal expansion requires the additional capacity. FUNDING: Funding IS available from Airport Capital Funds BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. HOMEIKE \/1 ~~ S\GE f'J'Jl, I R. 'estored\; hlllerReplacement2006\AEAwd BkgExhAdoc II EXHIBIT A II Page 1 of 1 ~....,...,- CONTRACT SUMMARY SCOPE OF SERVICES The Consultant's services will include basIc research, documentation and design necessary forthe preparation of plans and specifications required for the: 1 replacement of the existing chillers that supply chilled water to the Corpus Christi International Airport Terminal including piping modifications, electrical and control systems and schemes for a vanable flow system to save energy by reducing the electrical demand to the existing pumping system Pretiminary Phase - The Consultant will a. Confirm. evaluate, and field-verify eXisting site conditions. City will provide record information and data as available from City Engineering files. b Meet as needed with City staff and other Agencies to define the project concept and identify any permitting Assimilate all review comments modifications additions/deletions and proceed to next phase upon Notice to Proceed Design Phase - The Consultant will a Develop and submit for review a 60% complete set of plans. with layout of the plans in the City of Corpus Christi's preferred format. · Furnish the deSired quantity of plan sets to the City of Corpus Christi for review and comment Cost of reproduction services shall be assumed by the City as part of the authOrized fee · Develop and submit an opinion of probable construction cost for the project improvements · ,,\sslmilate all review comments. modifications, additions/deletions and proceed to next phase. upon Notice to Proceed. [) Complete and submit a '100% complete set of construction drawings, plans, details, contract documents technical specifications, and bid documents in accordance with the City of Corpus Christi'S preferred standard format. · PrOVide the marKed-up 60% review set so the City may determine that the comments were incorporated into the 100% set. · PrOVide the final opinion of probable construction cost. · Furnish the City with both a reproducible set of plans with specifications and bid ::locuments for the bidding process, as well as the full documents in electronic format. Bid Phase - The Consultant will a attend on-slte( s) pre-bid conference noting Inconsistencies (if any) in the bid documents; b prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents Identified prior to bidding. Addenda will be prepared by Consultant and reproduced and distributed by the City Engineer assist the City Engineer in securing bids, analyze bids, prepare a bid tabulation, and make a written recommendatior concerning award of the contract; and c in the event the bid received by the lowest responsible bidder exceeds the established project budget for construction. the Consultant will, at his/her expense, confer with City Engineer and make reVisions as necessary and satisfactory to the City Engineer to permit the re-advertising of the prOject for bids. 4. Construction Phase - The Consultant will a attend and assist the Citv Engineer with a pre-construction meeting between the contractor, City Engineer and other Interested parties, reVieI! dnd:heck fe' a:)proval materials and other submittals customarily provided by the ConL actor req uireci b contract documents dUring the course of construction by the contractor -~ ,- and ensure that two field copies and one record of submittal data is provided to the City Engneer; provide Interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the construction contract, and are not contrary to the general interest of the City under the contract; review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; e consult with the City Engineer and advise during construction and confer with City staff and other governmental authorities as needed make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and contractor to obser\/e the general progress and quality of work, and determine, in general, if the work IS being donen accordance with the contract documents and in accordance with the quantities of work represented In current contractor requests for payment. Site visits will include minimum inspections to ensure compliance with contract documents. Consultant site visits will not constitute or be confused with a reSident inspection or continuous monitoring of the progress of construction 9 travel in Corpus Chnsti and Its environs. as necessary for accomplishment of services under thiS contract 5. Record Drawings - The consultant Will review the Contractor's field set of construction drawings and specifications On the basis of "red-line" drawings and marked-up specifications provided by Contractor. and based upon known deviations, change orders, mark-ups, and changes reported by the City project Inspector, the Consultant shall prepare "as-built" record drawings and specifications of the project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings and a marked up set of specifications. 6. POST-CONSTRUCTION SERVICES The Consultant will: a conduct a preliminary Inspection and prepare a punch list of items for correction, repair or installation by the contractor to be delivered to the City Engineer and contractor prior to final inspection; b conduct a final inspection with the City representative and contractor which shall include a familiarization walk-through With City personnel (if applicable) of mechanical and control systems. emergency procedures, and maintenance procedures; review of the follOWing materials submitted by the contractor for completeness: operation manuals maintenance manuals technical information, approved submittal sheets, parts lists, manufacturer maintenance guaranties and warranties and/or other guaranties or warranties and forward the matenal to the City's designated representative for copying, collating, and distribution and ,) assist the City Engineer in completion of the final Certificate of Occupancy if required by the Building Official III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed Summary_~f Fees~ [II 1 1 [)e~Qfhase~ i II 2 \ Bid Phase f-._- t--=:-----~-------- i II 3 : Construction Phase r- ,-- - fee of $60,000.00. - -......-,.-..----.- $46,200.00 --- ,-._. ---_._--- $2,800.00 $11,000.00 TOTAL FEE $60,000.00 -"-'-~-'-'~,- -- ~~.. 'l_ )1 '\ FJL f2"_L~--------\ tVlIe " ~ . <e, ~'" N i i ~. ,. ___L~~- . JECT LOCATION !_~- 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS II CESAR CHA VEZ BL VD. ~ CITY P JfCT No. 10008 LOCA TION MAP NOT TO SCALE HWY 44 AGNES RD. IQ) SITE LA YOUT NOT TO SCALE Co U n ty Co.RPUS CHRISTi BAY AIRPORT ENTRANCE PUBLIC PARKING AIRPORT TERMINAL EXHIBIT "C" CORPtJS CHRISTIINTERNA TIONAL AIRPORT TEIlMINAL CHILLER REPLACEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09-06-2006 ~ ii -- - - - - 21 "....~"._....o...... ~ ".,.,... AGENDA MEMORANDUM DATE: September 12,2006 SU8JECT: Bayfest 2006 Festival Street Closings AGENDA ITEM: Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2006 Festival September 20 - October 3, 2006. a. Northbound Shoreline Boulevard (inside lane only), from the north right of way of Power Street (exclusive of the median crossover at Power Street) to Resaca Street, beginning at 9:00 am, Wednesday, September 20, 2006 through 5:00 pm, Tuesday, October 3, 2006; b Southbound Shoreline Boulevard (full closure), from the south right-of-way of Resaca Street to the north right-of-way of Power Street, beginning at 9:00 am., Wednesday, September 20 through 5:00 pm, Tuesday, October 3, 2006; c Northbound Shoreline Boulevard, (full closure), between north right-of-way line of Power Street north to the end, from 5:00 pm, Thursday, September 28, 2006 through 6:00 am Monday, October 2,2006; d North Water Street (full closure), between Fitzgerald and Palo Alto Street from 8:00 am, Thursday, September 21 through 6:00 am, Monday, October 2,2006; e Palo Alto Street, east half between North Water Street and southbound Shoreline Boulevard; Fitzgerald between North Water Street and Shoreline Boulevard and Resaca Street between North Water Street and southbound Shoreline Boulevard, from 8:00 a.m. Thursday, September 21 2006 through 6:00 a.m., Monday, October 2,2006. ISSUE: The Bayfest 2006 festival necessitates the temporary closure of several publiC streets between Power Street and the Convention Center. The event Co-Chairpersons for this year's event, Ms. Janice Cubellis and Ms. Dana Madry, have requested the above mentioned street section closures be approved by the City Council for this year's Bayfest festival. REeUlRED COUNCIL ACTION: Street closing permits for large public events require City Council approval REOOllMENDATlON: Approval of the motion as presented. ~ :e . 9 R. Escobar, P.E. irector of Engineering Services 6 ~"I SuDDOlt Material 1. "!bit A - Background Information 2.EJt\ibit B - Bayfest 2006 Location Map 3. eflibit C - Street Closure Map ~. EJChibit D - Street Closure Application '~...,- BACKGROUND INFORMATION IMCKGROUND: P!fior Counc,. Action: Since 1975, the City Council has annually approved street closure applications by Bayfest. Inc. to conduct its festivities upon public streets in the bayfront area JllUaround .nfonna~n: Ms. Janice Cubellis and Ms. Dana Madry, Co- Chairpersons of Bayfest, Inc., have requested temporary street closures for the 30th annual Bayfest event. Bayfest 2006 festivities will occur on September 29- October 1, 2006. Bayfest, Inc. has agreed to comply with the applicable city code requirements for this type event and has received approval from 100% of all property owners abutting the street sections requested for temporary closure. .1 Cloeinas and Detours: Street closures will commence on September 20, . 006 and conclude on October 3,2006. Street closings for the Bayfest event are necessary to allow the set-up of booths, stages, and other facilities located within tle median area and street sections. SpeCial detour signage will be provided to luide motorists to businesses fronting the closing section of Shoreline Boulevard and to the tourist-related facilities in the Bayfront Arts & Science Park. Traffic signal operations at the intersections of IH 37 with Mesquite, Chaparral, Water and Shoreline Boulevard are adjusted to accommodate the normal traffic ,atterns associated with Bayfest events. SfMt on Bavfront A,.. & Science Park Functions: Staff has discussed the proposed street closings with management of the American Bank Center. All events scheduled at the American Bank Center during the same time period of l1e Bayfest festival street closing will be coordinated by City Staff, American Bank Center officials and Bayfest event chairpersons to accommodate both venues without major inconvenience to the attending public. The usual special lignage will be provided to direct motorists to other Bayfront Arts & Science Park attractions via Chaparral Street. ~- Agreement and Reimbursements to City: Lease will be in accordance With City Charter. Exhibit" A" ""IIIIIJIF"^- ~ N 1"= -ElREWSTER r:J[ tB~ -!~ 1,'-,-; U\y' iJ i I .~j{'l I I rn'ZGt:m1l J. . . Iii . ','1-.----- II li ,.pALO ALTO -.J . i I I . III !r;~~1~~r::~~ Ii ~=~ ~~" Ii r!-ji/! I JifL'lL'/dLL:!. '. ( i i -'C~; r;J" /" / // ( - l \ \ \ \ \ ''\, 'I I I ( '" ( 1 I I \, /11;' . I 1 1 1 II / I I, 1 I '. I ~t 1 i ! 1 1 I I Ci , cr' Iii il:!i !~',- ::Ii <Ii Iii I~ ;~ ~-=~=. ~::sr-'-. =c=. (, II II I I I I I I Ii /1 KEY: - - - - BAYFEST LIMITS -A EXHIBF 1'6" ~~ SUBJECT: BAYFEST 2006 LOCATION MAP :=r == - - - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. .",,~)~t;; ,;;, Hee, for Pubhc Events 2 12, In consideration of obtaining a permit to close a City street for a pUblic event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: Q. R. S. T. U. V. A, B. C, 4,gmittaAse to' "'-if! eYF!f1t RA.-/1 be free, All profrts derived from the event shall be for charitable causes; Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event Accurate financial records shalf be malntai'),ed and paYrTJ~nt shall b~J~ade to the city within sixty (60) days after the event ends. r~ c:; e ~ ell( COK.-Iro.U/f) Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A" Completion of Indemnification Agreement; Provision of a traffic control plan for event, to be Coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic sign age and barricading determined by the City to be necessary for safe control of the event. Written approval for the temporary street closure must be obtained from (i) one hundred (100) percent of the manaaing te.nants or. jf tbe-..DJU,t-,Il:=rtv'is~vacant. rnaii'aginQ oroperty owners of the oropertv abutting that portion of the street to be closed to-vehicular traffic: and (ij) for the Downtown Manaaement District onlv (bounded bv Lower Broadwav. Intel'!ltate 37. Shoreline Boulevard (Includlna the man;; areas, and Kinney~, njne~ (90%) percent of the manacing tenants. or. if the pro artv is vacant. managin OJ rope owners of the proDertv abuttina that Dortion of the street to be closed to vehicular traffic. Provide adequate number of restroom facilities to aCCommodate the anticipated public; Obtain the appropriate alcohol and food permits required by State and ,Local authorities, at least two (2) weeks prior to the event; All security other than perimeter traffic control shall be provided by sponsor; security shall conSIst of off-duty City Police officers, or other type security officially approved by the City. All construction of booths, stages, displays, electrical services and plu,mbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation Provide for potable water within the event site; Provide first-aid stations; Provide continuous cleaning of the site during the event and return it to pre-event condition after event ends, Restore any damaged City property promptly after event ends; Coordinate all phases of event with appropriate City departments to insure a safe and successful event: Vehicles shall be prohibited from parking on grass areas within the street right-of-way; No obliteration or defacing of the street surface or sidewalk; except by chalk markings; All City Noise Abatement Ordinances shall be complied with; Allow for the free passage of Bmergency vehicles into event area in case of emergency; Carl'li.al t;pe rid~s ~,,'i11 Rat se J'ermitted. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. 0.* E.'" F G'" H. 1.* J, K. L M. N. o. p, ..... \..;.\.I~C 0li~t::1 for Public Events 1r 3 Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. wtuCubdtt/i h~r ~ Signed: ~~'t~~. Spons ring Organization Date Submitted: :?~1~ IXIIIB1T IN's~n RI'.nUIREMn1J 1. 1fIlLnTT'In:'s LIARnJTY INSURANCE A Permittee must not oommence work under this agreement until he/she has obtained. aU insurance r..uired herein and such insurance has been approved by the City. Nor may Pennittee aUow any subcontractor to commence work until aU similar insurance required of the subcontractor has been so obtained. B Fwllllittee must fiunish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City DlIl1ed as an additional i'lllUred for aU liability policies, and a blanket waiver of subrogation on aI applicable policies showing the fuDowing minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPJ: 01' INSVRANCE M1NlMVM INtA.lRANCB COVl&tGE 3O-DayN'*e of CIIMIII.... ~ on all c:ertlfteatet .way""ry..... ...rty...... COJJ:Unt$ia1 ~I.t LiQiliIy including: $1,000.000 COMBINED SINGLE LIMIT for" events I C~Fmm or 2, Pranise9 ~ Opcratious S~,OOO COMBINED SINGLE LIMT for small e\'eUt$ 3 Praduots Completed operations 4, ec.traotuallDsarB:e ,. .BI'OId Form Property Damage 6 ~t Contnctots 7 Personal Injury AUTc.>*>Bn..E UABILITY....OWNED NON-oWNED $:500.000 COMBINED SINGLE LlMtT OR ktlltV wmCH COMPLIEs wrm TIlE TEXAs WORKERS' WOR:KJaS' COMPENSATION COMPENSATION ACT AND PARAGRAPH n OF TInS EXHIBIT EMPLQ1'BR8' LIABll.JTY $100,000 C . the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of aU JepOrts of such accidents at the same time that the reports are forwarded to any other interested parties. ..,..., .,' ',"""" II. ADDITIONAl. RROtlJRHMRNTS 1701 ~f~~k-hf) wy!~ A Permittee must obtain workers' compensation coverage through a licensed insurance company or throush self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written On a policy and endorsements approved bv the Texas Der>artment of Insurance. Whether workers' conapensa.tion coverage is pI'O\'ided through a Hcensed insurance company or through seJf..~ the coverage provided must be in an 1m00000t sufficient to assure that all workers' compensation obligations incurred by Petuaittee will be promptly met. B. Certificate of Insurance: . The City of Corpus Christi must be named as an additio..... ins.red on the liability ooverage,~ fur the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. * Jfyour insurance company USes the standard ACORD form, the caneellatioa..e1a8e .(bottom. right) mlllt be a.ellded by adding the wording "changed or" between "'be" and "canceled", and deleting the words, "endeavor to", and de1etiDg the wor.ding after "1eft". * The name of the projed must be listed under 'nescription of Operations" *' At a minimum, a 3O-day written notice of change or canceUation is required. c If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1,8 (1 )-(8). an autborized representative of the insurance company must include a letter specifically stating whether items I.B. (1 )-(8) are included or excJuded. III. A completed Disdosure oflDterest must be submitted with your proposal. IIn.t CIoRuna ~ nlquircJQems 9-5-00 .. IUIk MIDlt. ......-----........ INDEMNITY AGREEMENT TIlE STATE OF TEXAS ~ COUNTY OF NUECES ~ KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section III of said standards~ entitled Procedure and Permit Reauirements) requires a contractor for a permit to close or block any part of a roadway to file a statement with the director of Engineering Services Traffic Engineering division indemnifying the City against all claims or causes of actinn by reason of or arising from the closing or blocking of the roadway pmsuanr to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City ofCol'pus Christi, for the purpose of barricading, blocking or closing a street. alley or other public right-of- way in said City, said permit applicant agrees to indemnify and save hannless and defend the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasOl~bl.~. ~ttor,n~y.'s fees, for or on account of any injury to any person, or any death at any time resultirtgfmm such injury, orany-damages to ally property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the tenn of operations specified in this Public Right-of- Way Blockage Permit, will provide and maintain at the Contractor's expense a Commercial General Liability irasurance policy with the limits and requirements shown on the attached and incorporated Exhibit ":A". The City of Corpus Christi must be named as Additional Insured on the policy. Evidence of required insurance coverage will be by a Certificate of Insurance furnished to the Director of Engineering Serv ices T taffie Engi neeti ng Division prior to the proposed blockage under this permit. pplicant ~j;rPt W ;;Joofo Event ,20~_ Witness my (our) hand(s) thjs ~ I 0'--1 day of ~,.,- I. ..~ ..~).. r.1 t~ C'~- . ~ ,~' 'L_~ '---J L i ., \\', Mr. John P. LaRue Executive DIrector Port of Corpus Christi Allthority 222 Power Street Corpus Christi. TX 7840] Dear Mr LaRue, Bayfest will be held September 29, 30 & October 1,2006, along Shoreline Boulevard between Power Street and the American Bank Center, including the Barge Dock area. We respectfully request the use of the Port parking lot that is bordered by Shoreline Boulevard and Palo Alto Street and the parking lot directly hehind the Port hehind the Administration building. We wuuld not conduct any Bayfest staglllg activities in this parking lot until Thursday morning September 2X, 2006. begmning at X:OO a.m. The Port parking lot will be cleared on Monday, October 2. 2006. We do not plan to have any staging that will require any physical ImprO\'cmcnts to the lilt. Ifthc POll IS III agrccllIeni with tillS request, please llldicate so by signing below and returning a copy ortllis letter agreement to Bayfest. P.O. Box I R58 Corpus Christi, Texas 78403. We ver\ much apprecIate the POIi s assIstance and courtesies once again. Sincerel) Janice Cubellls Dana Madry :::R~:::e::neneral (,h~)^ CJ} Q~ John P.~' POIi of Corpus Christi Authority Bayfest, Inc. PO 80.\ 185X Corpus Christi, Texas 78403-1858 (361) 882-0868 HaY,~~st "t/, 1(" ,.U\'\ Bayfest 2006 We, the undersigned. have no objection to enclosing the Bayfest site for 2006. The gates to the Bayfest site will be closed beginning Thursday, September 28, 2006 at 5:00 p.m. The fencing will be removed by Wednesday, October 4, 2006. Signature of person representing or owner of property at 222 Power, 1305 N. Shoreline Port of Corpus Christi Date Contact person DaviJ SoBs 882-5633 -'--"'--J ./J , oW'- Lo. 'NJ L-- Signature of person representin~ner ofpfq.lleqat- 1201 N. Shoreline Blvd. C~mber of Commerce \ ~~~ Date --~1!f/1oJ0_ Contact perso Terry arter 881-1800 xt. 470 Signature of person representing or owner of property at Block 54, Lots 1-12 Block 63. Lots 1,5, 12 TR T Holdings Date ._. .___.._. Contact person Nate Ungarean 972-871-5618 Signature of person representing or owner of property at Block 63, Lots 2,3,10,11 Vogt Associates Date _...__._ '_ Contact person Ben Eshleman 888-6688 Signature of person representing or owner of property at Block 63, lot 4,8,9 ~.- Date ___________ Contact person~ ~l S/11 j Pro!",,! Signature of person representing or owner of property at 1525 N. Shoreline Drive Top Water Management Date _ _..______.. Contact person Francile 882-8870 Thank you, Janice Cubellis & Dana Madry Bayfest 2006 General Chairs Hayt~st '~'I\ Ie, I "l)\" Bayfest 2006 We, the undersigned, have no objection to enclosing the Bayfest site for 2006. The gates to the Bayfest site will be closed beginning Thursday, September 28, 2006 at 5:00 p.m. The fencing will be removed by Wednesday, October 4, 2006. Signature of person representing or owner of property at 222 Power, 1305 N. Shoreline Port of Corpus Christi Date .________ Contact person D~Jvid Solis 882-5633 ~ .10'v\ ~'L.--. Signature of person representing or owner of property at 1201 N. Shoreline Blvd. Chamber of Commerce Date__n_______ Contact person Terry Carter 881-1855 Signature of person representing or owner of property at Block 5 Block 63. Lots 1,5,12 TRT II"ld;III;" 'Sfr\C7 (h( s " Date <( Av(; ~h. Contact pers~ Nate lJftgarean 972-871 Sl'ilg K\Assell fu'lers S\0-5;).\\ Signature of person representing or owner of property at Block 63, Lots 2,3,10.1 1 Vogt Associates Date ___________ Contact person Ben Eshleman 888-6688 Signature of pe_. rso~~r of property at Block 63, lot 4,8,9 SMG Properties . /- Date "/~\)l C)G ._ Contact pers -.. ge Cruz-Aedo Signature of person representing or owner of property at 1525 N. Shoreline Drive Top Water Management Date __ _d_________ Contact person Francile 882-8870 Thank you, Janice Cubellis & Dana Madry Sayfest 2006 General Chairs ~..,-- ~8/14/2866 15:12 361 88258e4 ..1412.' 14: Z 3&19871228 ~/EStU;MAN ~ PACZ: ."2/82 PASt: 82112 _~st. 'ti'''' ""'''.'.'' -... , . .... 'of... " K'" ..,.. 21M We, tht ~~ h&w no ~ to _br~ die Jtarf8ltlitl for 2006. The... .,.eBqlllt lilt 'WID be'" bctI"UoIo"l ~. ~&bIr 28, 2006 . S:OO p.m. ~ fiiaciDa dl be 1"_." by VI" ~. ()ct.Qber 4, 2006. 81.,...... ofpenac4l1 J lfilll or OWDK of fWP4!ll'lY '* 222 Powe, 1305 N. ShoNUDe Pett lllCArpiII ~ . 'DaW CotiJIQt pInDI1 DlMd tJoIlI.II2-S63! J~ ul1.4JG S~ of..-<<m~. J. .II~ or oner of PR'I*t1 at 1201 N. ShoteliM Btwl~"~. Date C~ perIOD Teay CarW 111.1'" ~Sl~we ofpenma.-p U~~... or 0WMr ofptOl*1Y at BIoot $4, Lots 1-12 Bloc:rk 63, LotI 1;5,12 TRT "'''''r Date ~.penotl Nate U....... SJ'72..871-S611 .J. i$l-JetM.o ~ T ~ Sip....ulpoot_.lI t~:i~63,Lom ~ *" 2,3,10,11 VattAliUI.: _ _ _ JWW - u.L 0Ite Contact penon UIhlMllMt. Sfr-1ft: Ofpenonl~~ltmg <It 0WDCr of ~ at SJoek 63, lot 4,8,9 8MGr.~... 0Ite ~ CoIatIICt penon bF er.-Aedo s...... of,..on bpi.. .~.. or OWIJ<< of.PfOPlllY at 1m N. Sltotelitte DIM"" W.... "-JIU .t o.tr; ~ pIIIiIon P1wacile ift..sr7o n.t you.. 1.....~ ..))eI.w..dry .,.,. 2006 ~. aIIIm ............... .."'""'" From: "Milfelt. Barbara" <bmilfelt@edwardsfirm.colTl> Subject: 1'RT Development. DIepuIe Reeolutlon Agreement Date: August 10, 2006 9:37:38 AM cor To: Rob Madry <rmadry1 @stx.rr.colTl> Cc: Pat Eldridge <Pat@cctexas.com>, JCubellis@arclp.com ~ 1 Attachment, 86.2 KB i u~\le'. , See aetached. What do I do with the original document signed by Duncan? CON~NI1ALITY NOTICE: This communication is intended only for the use of the individual or entit} to which it is addressed and may contain information that is pctrile,ed, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that any use, dissemination, distributillln, or copying of the communication IS strictly prohibited. If vou have received this communication in error, please immediately notif'y us by return emai] or telephone at (36]1 698..7600 Disoute Resolution At!reement In culla. for tile use ofTRT Developmeot CODlpuy ("TRT't) property 00 Shoreli.e Boulevard, CorpWl Cbristi, TXt Bayfest, IRC. ("Bayfest") qrees to release, iod.uUfy, defeBd and hold harmless TRT and its direet....t .ft'ken, employees, represeatativea, apnta. aflUiat., pareDts, and subsidiaries (collectively, tbe "iDdem.itles"), from aad apiast aU loss, cost and expense, Ioehldiq legal fees and court costs, wbich tile lademaities may suffer or sutain, or be Mable for and against any and all claims, de..nds, and .uits made agaiast aay of the Indemuilles arising out of auy Jnjtlryt de.... or loss, resulting from, amiDl out of, or allegedly eaased by a.yfestts use of said property. This re..e ..41 ....-....tiODl sh.1I aDnlv eve. if Ioues or dam... are eaased bv the sole or eonetIrrent De2henc:e of tbe lad_Ritles. Additionally, TRT and Bayfest mutually agree that any and all claims, disputes and controversies, including but not limited to those that arise out of or in any way relate to the use of said property by Bayfest, including the arbitrability of such claims, disputes and/or controversies, between Bayfest and TRT, or among their officers, directors, agents, affiliates, parents, subsidiaries that now exist or may hereafter arise, whether based on the Constitution, Statutes. Ordinances, Regulations, Rules and/or the Common Law of the United States or of any State, and all subdivisions of either, and/or whether based on claims or theories of contract, quasi-contract, personal ~ury, tort, o~ quasi-offenses or otherwise, sball be exclusively resolved by the parties first trying to settle by mediation, and if mediation fails, by binding arbitration. Unless specifieally and mutually agreed otherwise, the mediation andlor arbitration will be administered by the American Arbitration Association under its appropriate rules, and shall be pursuant to the provisions of, and jurisprudence interpreting, the Federal Arbitration Act and/or the Texas Alternative Dispute Resolution Act, which ever shall have the broadest effect. All c:la_ to any riPts to tile coatrary, Iocludlog auy ript to trW by Jury, are hereby exp....iy waived. If, for any reason, the American Arbitration Association is unable or WlwiUing to administer to proceedings, the claim or dispute will be submitted to another recognized entity providina mediation and/or arbitration services. The arbitrator(s) shall be the sole and exclusive determiner of jurisdiction. Judgment upon any award may be entered in any federal or state court having jurisdiction thereof. All fees and expeDBe8 of ..L _.....f:_...~..._ ",_"'1___ _..L':.-.-...:..._ .....:1' s........ ........__.... t..... _......:......... _"",......i'lII1.., ~-.---- 1.lIt:: UlWllUIVl1llllUlVllU U1UUUVlI Will UC UUlllC lJJ JllUUClllaflUU1J. This agreement shall be binding on Bayfest and its successors and assigns. If any part of this agreement is hold to be invalid the remaining parts will not be invalidated and will continue to be in full force and effect BA YFEST, INC By Name (Please Print): 1)vNCA,v Si\~o f~. President Signature: _-C~/6c" ~_~. // Date: r:fjr-/tJt:. From: "Mmelt, Barbara" <bmilfelt@edwardsfirm.colTt> SUbject: Corrected Certificate Date: August 16, 2006 2:00:38 PM COT To: "Kent, Robert E." <RKent@cltgo.com>. Pat Eldridge <Pat@cctexas.colTt>, Janice Cubellis <JCubellis@arclp.coffi>, rmadryl @stx.rr.com ~ 1 Attachment, 536 KB ' Sa~" See attached corrected TRT Certificate. BMH I PRObuCER I I' I[ & K Insurance Group. 1712 Magnavox Way . P.O. Box 2338 . Port Wayne. In 468(1', CERTIFICATE OF INSURANCE 1278837 ssueDATE~ 8/16/06 Ine THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICiES BELOW. I INSURED BAYFEST, INC. & BAYFEST ARTS FESTIVAL. iNC P. O. BOX 1858 CORPUS CHRISTI. rx 840, COMPANIES AFFORDING COVERAGE COMPANY A LETTER GREAT AMERICAN ASSURANCE COMPA C~~~~NY ~____ C~~~~C_ THtB is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PElIIIOO INDiCATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NC=NOT COVERED Y EFfECTIVE POl.JCY ~TION ATE (MWDDIYY) DATE ~ i --'-- -. ------,--------- TYPE OF INSURANCE t' __. "OlICY Nl,M3ER ~ _ General Liability A [JCommerclalGeneralUabllily , PAC '56882~70 o Claims MIde 1U000ur ' o O\Nrw's & contractors Pro: LIMITS (in tt"ousands) 12:01AM 1/15/06 12:01AM ?/15/07 General Aggregote Prod~ Aggregate Personal & _ng '"jury Each Occurrence Fire Damage (My one fire) :v'AA:Jicai Expense (Anyone persoli) P.~icipart Legal Liability eom_ Single limit Bodily Injury r Bodily Injury $ NONE $ 5000 $ 1000 $ 1000 $ 300 $ 5 $ NC 0- Automobile Liability A 0 Any autc BAlI owned aulos Scheduled aulos Ii] Hired autos Non-owned autos BGerage Liability Excess Uablllly ---t- - : PAC '~68824 ,~:OlAM 15/06 1.2: o lAM 7/1:,/07 $ 1000 $ o o Other than Umbrella form Workers' Compensation and Employers' Liability + -- Property Damage Each , Occurrence Aggregate t ~+ J I OF OPERATlONSJlOCATIONSNEHIClESIRI!STRfCTiONS/SPeCIAL ITEMS : ARTS FESTIVAL EVENT DATE: 9/29~10/1/2006 INCLUDES SET-UP & TEAR DOWN TIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED, BUT ONLY AS RESPECTS THE IONS OF THE NAMED INSURED. HOLDER Particlpllnl Accidenl ~ _____L $ SYtutory Each Accident Disea&e-PolIcy Limil Disease-Eac:h Em $ $ $ $ x TRT DEVELOPloJENT COMPANY . _+ CANCEllATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE iSSUING COMPANY WILL ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAilURE TO MAil SUCH NOTICE SHALL IMPOSE ~~..~!;,':~~o.N,.,c~,~~ ~~B~L~~~~~,,!,~!,. .~N9 UPON THE S[j-g--- - - Hayt~st . ",/\ Ic;, h.n \ Bayfest 2006 We, the undersigned, have no objection to enclosing the Bayfest site for 2006. The gates to the Bayfest site will be closed beginning Thursday, September 28, 2006 at 5:00 p.m. The fencing will be removed by Wednesday, October 4, 2006. Signature of person representing or owner of property at 222 Power, 1305 N. Shoreline Port of Corpus Christi Date ___'__'__~ Contact person David Solis 882-5633 Signature of person representing.or 0 er fprope~ pt 1201 N. Shoreline. Blvd. Chamber of Commerce \. . .~. Datem~s+ 1\) L.~tact perso' Terry Carter 881-1855 je9S~A.. D~.v\~ -lS\.Av YV. ti- Signature of person representing or owner of property at Block 54, Lots 1-12 Block 63, Lots 1,5,12 TRT Holdings Date___________ Contact person Nate Ungarean 972-871-5618 Signature of person representing or owner of property at Block 63, Lots 2,3,10,11 Yogt Associates Date _._______ Contact person Ben EsWeman 888-6688 Signature of person representing or owner of property at Block 63, lot 4,8,9 SMG Properties_____.____ Date _._____.___ Contact person Jorge Cruz-Aedo Si~ture of person representing or owner of property~~horeline Dnve Top Water Management ~.)p61?'J (i/./~ c?(. Date {y -( / -f) (; Contact person prancile 882-8870 Thank you, Janice Cubellis & Dana Madry Bayfest 2006 General Chairs BaIf~st . .111 I sept'Rlbe,19. OOlGJlef 1 \ I (\ 1\\ August 22, 2006 City of Corpus Christi. Texas Traffic Engineering Di vision EQgineering Services Departn1ent P.O. Box 9277 Corpus Christi, TX 7~469-9277 Re: Permit to close a portion of North Shoreline Boulevard for the annual Bayfest Festival Dear SIrs The undersigned does not object to the temporary closure of a portion of North Shoreline Boulevard from Resaca to the end of North Shoreline Boulevard from 5:00 p.m. Thursday, September 28, 2006 to 6:00 a.m. Monday, October 2, 2006 for the annual Bayfest Festival sponsored by Bayfest, Inc. ~ Dated: ~/~/o~ I / By:&~_ ~ft) SMG Pr8l"e.l t~~", IR6; e(2.vv!-<<-- I 1;-4/e,u~ ~/,- ( "llIlIIIIIIf" ..;.., [ . . ~~lcOii : QNlllEN ! ~..~ ~,(, U)!T ~;'~~ . .~.~'_ ie ," , .,' . .. /;'1 '! I I,~, .<-;/ ~ :,,'':''--1 ~. '>- ~~)'>/ .}b- '. y/,' .',.. "'0" /.;? . ') --,--[~---'!..- '/' BREWSTER '~J~T -- . = l.~~ litl ~, ~,-- HUGHES I f I fl.-.- '.T.:... ...., ~ .....-... ........" I .,!. _ _ _ _ ,__ j .J.... _ _' :'::+=: , Ii ......, ~ J - '=~_ ,.' . '-f I.. t L~~~.:=-_ - -FlTZClElOClJ " I I I I I I "I' ~ ~ ~ ~'l '1 \ ,: I , " I ~ I '8 I r-~ -/') ~ N SCALE: N.T.S. I il ::Ii I I J; [] e . P~~~f9 .// ,/-/ / / ~, / \ I I L_~~:\:\~':""'::\,- '" \ \ \ \ \ I I I. (7 './1 I I I I I I II , II "" I I "-..1 I / I ! I I I I I () ~. ,Iii .~ '~ Ii I I II I I I I I I I ' I I I I I I II J POWER ST. "~I~" ... I Ir~ -~)II' jZ =LJ~I I , I I ~ I I I KEY: ~<// >'/1 PROPOSED STREET CLOSURE TAY!R_t'U:L~ . ~ EXHIBIT ill WjWW SlJBJECT: BAY FEST 2006 TEMPORARY STREET CLOSURE -- ::r == - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES 2. 3 4 5 Il1 effl.CW(l~m 6 d~ Detailed De ription of Activi ies Planned: C-Cm1./Ku 15 ra/; ~a list f.O.iOP. S ~.. n.d b.everages to be served: ~ .{jf~ r1 !<s - /;on 8 se~,~~~ue t b~r g;;;,,;'~(rad fdw~'i:C2tf.uJk;. 9.. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc.. that will be included in the event. TD b~ lh.c21l~. 10 Enclose a check or money order for $200 to cover administrative costs of handling application, pavable to the City of Corpus Christi (City Ordinance #20483, 9/20/88). 11 Attach an official letter of transmittal requesting approval of the event. Exhibit 0 Bayf~st septelDber 19 - October 1 11/\ I ( I \ 1\ \ August 22, 2006 City of Corpus Christl, Texas Traffic Engineering Division Engineering Services Department P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Permit to close a portion of North Shoreline Boulevard for the annual Bayfest Festival Dear Sirs: The undersigned does not object to the temporary closure of a portion of North Shoreline Boulevard from Resaca to the end of North Shoreline Boulevard from 5:00 p.m. Thursday, September 28, 2006 to 6:00 a.m. Monday, October 2, 2006 for the annual Bayfest Festival sponsored by Bayfest, Inc. Dated: ~ :13, d(:xYo -----~+-- -------- Signed, ~~ '-\0.~~,~ By: South Texas Art Museum .,...,.- CERTIFICATE OF INSURANCE 1270634 I:;~ DATE (MM1O[,YYYi 7/17/06 ER THIS CERTrFrCATE IS iSSUED AS A MATTER OF rNFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW, ~ K InStL!...~ance GJ'C;UC, Ln" LL ftfagnavox Way Box 2338 lifayne I~I 468(: I"-""~"'- COMPANIES AFFORDING COVERAGE ! COMPANY A I LETTER COMPANY B LETTER COMPANY C LETTER i COMPA I 1 ! ! I ! iNSURED BAYFES'r t INC, &: BAYFES'':- hi<T:: FESTIV,%, INC ?, 0 < BOX IS 5 8 CORPUS CHRISTI, IX 78403 GREAT AMERICAN ASSURANCE COVERAGeS Icopr~ TYPE-~~~'J~UR~~~;---T- - POuc'~~~r~BER'- , - llTR j r 1--,---. +, - ._'--"------,,- . 4--,--.. -.- : General Uabitily . p, lro CCIIMleroia! General Uaollfty < DClalms Made IKJOccur 10 Owner'5g contractors Prot In ---- -,-.- THIS IS TO CERTIFY THAT THE POLKAES OF INSURANCE LIS TED BELOW HAVE BEEN ISSUED TO THE IN$URED N~D ABOVE FOR THE POLICY PERIOD INOItATED. NOTWITHSTANDING ANY ~QUIREMENT, TERM OR CONDITION OF ANY COI\fTRACT OR OTHER DOCUMENT WITH REsPECT TO WHICH TtuaCERTIFlCATE MAY BE ISSUED OR MAY peRTAIN. THE INSURANCE AFFORDED BY THE POLJCleS OESCRIBED HEREIN IS SUBJECT TO ALL THE T~, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAlO CLAIM$. NC=,NOT COVERED Y EFFECTl\fE POtJ:::Y ~1'ldN Art: (MMiDD{'(Y) DATE ~ UMITS (In thousandS) P,r..:0568824.702 12 : 01M-l 7 15/0E 12:01AM 7/15/07 Goolilral ~ Prod~~'~' Pe~ &AdYer1ls/flg IrIJuty !:'ach Occooenoo Fire OaITUl9<'(Anycme fife) Medical EIlpEm&& (Any 00& pel'SOl1) PGrtlclpanlLepaI U.bilily Combined SinQ~ Llmlt BodIly Irijt1ly $ NONE I $ SOOO $ 1000 $ 1000 $ 3001 $ $ Nt ?A' 056882.;: '70.' I i i i I ' i I hi " ,~~._-----t--::-:;-- . L_ lJ L~ i.L~ : o lAM 15/06' 7/15/07 $ 1000 ___m~~'_,___. Autam~bn~lja.biffty---~ A IDAnyauto 10 All owned aulae- 10 Scheduled autos 1!Xl HN:f autos IIiJ Non-owned SUhr.- !D Garage Uablffl'. IC -- t" ---~.._~--_...- I'L! Excess liability _ 0 ou.' than Umorella fllffii f--- - . Workeno' Compensation and Employers' Liability 't- -_. $ SQdlty INjurV .~ : ----r-- ! p{opert\f Damage $ Each Occurrence Aggregale $ - --+- $ Statutory Eil<:h Accident ~PolWy UI'nlI Di~~~he:m oyee $ S $ $ x P.rticipant Accident ! ~ OESCRI~TlON OP.OPEAA TlONSIlOCATIONS~H1CLESIRESTf<lCT100siSPEC~ ITEMS I EVENT: ~TS FESTIVAL EVENT DATE; 9/29-10/1/2006 INCLUDES SET-UP & TEAR DOWN *CERTI m\.TE HOLDER IS ADDED AS ADDITIONAL INSURED, BUT ONLY AS RESPECTS THE OPli:RAT' S OF THE NAMED INSURED. Catl1FlCATf,: R. _.___._ CANCaLATlON CITY OF CORPUS CHRIST: TRAFFIC So ENGTNEE1UNG DEPAR'I'MEKT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATI! THEREOF,. THE iSSUING COMPANY WILL ENDEAVOR TO MAll. 30 . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE lEFT, aUT FAILURE TO MAll SUCH NOtiCE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGE S OR REPRESENTATIV l_~ 8139 1.9:' 22 ~.......:...,_.:__.. ,--- AGENDA MEMORANDUM DATE: September 12, 2006 SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) (BOND ISSUE 2004) ADVANCED FUNDING AGREEMENT ~ENDA ITEM: 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 $330,424 for the North Port Avenue from IH 37 to US 181. (BOND ISSUE 2804) I.,UE: The State of Texas, acting through the Texas Department of Transportation, has agreed to enter in an Advance Funding Agreement with the City of Corpus Christi for the North Port Avenue from IH 37 to US 181. The City's participation is to provide the right-of- way required, any utility adjustments and/or relocation costs, and also the architectural and engineering services FUNDING: Funding is available from the FY 2004-2005 Street Capital Improvement Program Budget. BJCOMMENDATION: Staff recommends approval of the Resolution as presented. I' i!t-:,t [;,~ ~/tM A R. Escobar, P. E., irector of Engineering Services "USERS2\HOMEIVELMAPIGEN\TXDOT'NOFTH PORT AVENUE'M;FNDA MEMO -.....----~ BACKGROUND INFORMATION SUIJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) (BOND ISSUE 2004) ADVANCED FUNDING AGREEMENT ADVANCED FUNDING AGREEMENT: The City's participation is 20% of the cost of the improvements and 80% will be paid for with federal funds. The total estimated cost of the proposed Project is $1,652,120. Federal funds in an amount not to exceed $1,283,200 will be utilized to authorize the performance for contracted agreements for the Project. The City's participation is $330,424 (20%) plus any overruns in excess of the approved project budget. The City of Corpus Christi will submit invoices to the Texas Department of Transportation showing payment for the preliminary engineering and environmental assessment services and the State will reimburse the City 80% of the costs paid until the authorized funds are exhausted. Following IS a breakdown of the costs: ...--.--.....- ...._-------_.~- DESCRIPTION _..._...._-~- .-'-- ..--...--.-.-.----- ------- -- -----{ _______ _____d -+ Prelminary Engineering and I Design Worl< ' .-- -- -------.-.. --"'-i Subtotal Direct State Costs - 30/'.'--.',j , (includes plan review)__ Total -"'-'-'---"'--'--' ..--. TOTAL r-- ESTIMATE I PARTICIPATION COST --t-- FEDERAL STATE LOCAL ------t I % COST % COST % COST --- --~ .. $1,604,()OO I 80% $1,283200 0% $0 20% $320,800 1,604,000 80% 1,283,200 0% 0 20% 320,800 ,----- 48,120 80% 38.496 0% 0 20% 9,624 $1,652,120 $1,321,696 $0 $330,424 -, PR,JECT DESCRIPTION: The scope of the work is described as preliminary engineering anddesign for construction of a four (4) lane roadway including protected left turn lane with new curb and gutter and sidewalks. ADA curb ramps; lane stripping and pavement markings; underground storm water system improvements; water and wastewater Improvements: removal of abandoned/unused driveways; and new street lighting. Location of the project is on North Port Avenue from IH 37 to US 181 in Corpus Christi. The portion proposed for this project will provide the primary access from I H 37 to the Port of Corpus Christi. .e.Bl:LECT 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 EXHIBIT 'A" Page 1 of 2 ISERS2\HOME\VF:l MAf' GEN'T!DOTVIORT' \ PORT t,/EN' fHA,GENDA BACKGROUND 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, ana protect the City's investment in its infrastructure. FUNDING: Funding is available from the FY 2004-2005 Street Capital Improvement Program Budget pttlOR COUNCIL ACTION: 1. November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9.2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus 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 Christl (Ordinance No. 026022). 3. March 29, 2005- Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance No. 026188). 4. June 13.2006 - Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field (Resolution No. 026830). 5. June 13, 2006 - Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund (Resolution No. 026831). EXHIBIT 'A" Pa e 2 of 2 'iIUSERS2IHUMEVELMAPIGENIT001\NOR H PORi "VENUEIAGFNDA BACKGROUND .......'-" CSJ#: 0916-35-133 District #: 16 Code Chart 64 #: 03800 Project: STP ( ) MM STATE Of TEXAS COUNTY OF TRAVIS ~ ~ ORIGINAL LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT ForA North Port Avenue Project THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas. acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government ,. WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA: and. WHEREAS, the Texas Transportation Commission passed Minute Order 108812 and 109862 that provides for the development of and funding for, the project describe herein; and, WHEREAS, the Governing Bodv of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows AGREEMENT 1 The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception 3 Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as preliminary engineering and design for construction of a 4-lane roadway and protected left turn lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned/unused drivew~ys; and new street lighting Location of the project is on North Port Avenue from IH 37 to US 181 in Corpus Christi. The portion proposed for this project will provide the primary access from IH 37 to the Port of Corpus Christi. AFA-LPAFA_ShortGen doc Page 1 of 7 CSJ #: 0916-35-133 District #: 16 Code Chart 64 #: 03800 Project: STP ( ) MM 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, withoot exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities - not applicable. 11. Project Maintenance - not applicable. 12. Local Project Sources and Uses of Funds a. PrOject Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of 1his agreement. d Prior to the performance of any engineering review work by the State. the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Traflsportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in AF A-LPAF A_ShortGen .doc Page 2 of 7 . CSJ #: 0916-35-133 District #: 16 Code Chart 64 #: 03800 Project: STP ( ) MM the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g, If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage faclity requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses In acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract 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. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any Information the state auditor considers relevant to the investigation or audit. 13 Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. I ncorporation of Master Agreement Provisions. This LP AF A incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15 Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work, 16 Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. AF A-LPAF A_ ShortGen.doc Page 3 of 7 EXHIBIT "B" Page 3 of 7 CSJ #: 0916-35-133 District #: 16 Code Chart 64 #: 03800 Project: STP ( ) MM IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By. (Signature) Title: Date: 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 the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: AF A-LPAF A_ShortGen .doc Page 4 of 7 CSJ #: 0916-35-133 District #: 16 Code Chart 64 #: 03800 Project: STP ( ) MM ATTACHMENT A Resolution of Local Government Approving This LP AF A AF A-LPAF A _ SIIortGen.doc Page 5 of 7 "Ud San Patricio County NUECES a.\Y ~ ".... /~ I r ( CORPUS CHRISTl B4Y LOCA TION MAP NOT TO SCALE v PROJECT EXTENTS '"", . mm_"_" _mm ... c..~~"'.4'-1"..1.. -- --(. .~ \-J~~ ~"-- _" _ .:i.__ ... ~ ~ , CITY PR" 'SCT No. 6264 VICINITY MAP NOT TO SCALE ATTACHMENT "B" NORTH POR r A VENUE-FROM IH-37 TO US HWY 181 PROJECT LOCA TlON MAP CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES EXHIBIT "B" Page 6 of 7 1]. -- - - - - ~- CSJ #: 0916-35-133 District #: 16 Code Chart 64 #: 03800 Project: STP ( ) MM ATTACHMENT C Project Budget Estimate and Source of Funds The scope of work for this LPAFA is described as preliminary engineering and design for construction of a 4-lane roadway including median and protected left turn lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements: water and wastewater improvements; removal of abandoned/unused driveways; and new street lighting. Location of the project is on North Port Avenue from IH 37 to US 181 in Corpus Christi. The portion proposed for this project will provide the primary access from IH 37 to the Port of Corpus Christi Based on the funding Category 7, the Local Government's participation is 20% of the cost of this particular improvement and the other 80% will be paid for with federal funds. The total estimated cost of the Project is $1,652,120. Federal funds in an amount not to exceed $1,283,200 will be utilized to authorize the performance for contracted agreements for the Project. The Local Government's participation is $330,424 (20%) plus any overruns in excess of the approved project budget as outlined below. The Local Government will submit invoices showing payment for the prelimInary engineering and environmental assessment services and the State will reimburse the Local Government 80% of the costs paid until the authorized funds are exhausted. The budget for the project is shown below: Description Total Estimate Cost Federal P artici pation % Cost State Participation % Cost Local Participation % Cost Direct Stati costs - 3% (includes ptan reviewt__ TOTAL 48,120 $1,652,120 $1,321,696 $0 Local Government's Participation (20%) = $330,424 AFA-LPAFA_ShortGen.doc Page 7 of 7 Clie \Mproject \CtJunctlexhlb,ts \exho264.dwg .~ San Patricia County ~ N CORPUS CHRISTI BAY LOCA TION MAP NOT TO SCALE PROJECT EXTENTS I I ~ ~ ~ VICINITY MAP NOT TO SCALE CITY PIIOJECT No. 6264 EXHIBIT "C" NORTH PORT A VENUE-FROM IH-37 TO US HWY 181 II CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09-06-2006 ~I ii -- - - - - 1 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 $330,424 FOR THE NORTH PORT AVENUE PROJECT FROM IH37 TO US 181 (BOND ISSUE 2004). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SEC!I'ION 1. The City Manager or his designee is authorized to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $330,424 for the project for North Port Avenue Project from IH37 to US 181 (BOND ISSUE 2004), SECtiON 2. The City Manager or his designee is authorized to make editorial and non- substantive modifications and execute amendments to the agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI .. Armando Chapa City Secretary Henry Garrett Mayor APPltOVED AS TO FORM: 8 September 2006 By ~Jfu~l) ~ _ Veronica Ocanas Assistant City Attorney For City Attorney VO.06.flIt1206.RES. TXDOT. northport.DOC Corpus Christi, Texas ____ of _______ ____________ ' 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney tv1elody Cooper Jerry Garcia BiH Kelly Rex A Kinnison John E Marez Jesse Noyola Mark Scott VO.06.091206. RES. TXDOT north port DOC .~.,- 2 23 ........, ........... CITY COUNCIL AGENDA MEMORANDUM September 12, 2006 AGENDA ITEM: A. Ordinance abandoning and vacating a 1 ,535-square foot portion of a 1 O-foot wide utility easement out of Lot 1, Alameda Center Unit 3, located southwest of the Robert Drive and S. Alameda Drive street rights-of-way; subject to compliance with the specified conditions; and declaring an emergency. B. Ordinance abandoning and vacating a 489-square foot portion of a 5-foot wide utility easement out of Lots 7E and 7F. Block 2, Alameda Estates, located just southeast of and adjacent to the Robert Drive street right-of-way; subject to compliance with the specified conditions and declaring an emergency. ISSUE: The reason for the closure of the utility easement is to allow the future construction of a drive-thru pharmacy canopy and associated appurtenances over said easements. 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 the 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 Mich I Gunning,AICP Acting Director of Developmen Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map ~"'-"......... AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PutltPOSE OF CLOSURE AND BACKGROUND: Bury + Partners-SA, Inc., on behalf of H.E.B. is requesting the abandonment and vacation of a 1,535-square foot portion of a 10-foot wide utility easement out of Lot 1, Alameda Center Unit 3, and a 489-square foot portion of a 5-foot wide utility easement out of Lots 7E and 7F, Block 2, Alameda Estates. H.E.B. is requesting the closure of the utility easements to allow the future construction of a drive-thru pharmacy canopy and associated appurtenances over said easements. The 1 O-foot easement to be abandoned and vacated is located in a Zone R-1 B/SP "One-Family Dwelling District" within the city limits of Corpus Christi. All public and franchised utilities were contacted. Gas Department has an existing 2-inch gas line that will have to be relocated or abandoned in place at owner's expense. AEP has an existing overhead distribution line that will have to be relocated at owner's expense. Grande Communications has some facilities that will have to be relocated at owner's expense. TimeWarner have some facilities that will have to be relocated at owner's expense. SSC had no objections, but will seek reimbursement if adjustments to their facilities become necessary. None of the other city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of fair market value be waived because Owner will be dedicating two utility easements of greater value to off-set the proposed abandonment and vacetion of the 5-foot wide and 10-foot wide utility easements. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A FROM: Michael Gunnmg, AICP, Acting Director of Development Services DATE: September 6,2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: September 12, 2006 ORDINANCE CAPTION: A. Ordinance abandoning and vacating a 1 ,535-square foot portion of a 1 O-foot wide utility easement out of Lot 1, Alameda Center Unit 3, located southwest of the Robert Drive and S. Alameda Drive street rights-of-way; subject to compliance with the specified conditions; and declaring an emergency. B. Ordmance abandoning and vacating a 489-square foot portion of a 5-foot wide utility easement out of Lots 7E and 7F. Block 2, Alameda Estates, located just southeast of and adjacent to the Robert Drive street right-of- way subject to compliance with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plats are recorded in Volume 49, Pages 157, and Volume 23, Pages 52, of the Map Records of Nueces County Texas SPECIFIED CONDITIONS AS PART OF CLOSURE: 1 \ Fair Market Value will be waived because Owner will be dedicating two utility easements of greater value to off-set the proposed abandonment and vacation of the 5-foot wide and 10-foot wide utility easements 2) Gas Department has an existmg 2-inch gas line that will have to be relocated or abandoned in place at owner's expense. AEP has an existing overhead distribution line that will have to be relocated at owner's expense. ~) Grande Communications has some facilities that will have to be relocated at owner's expense. TimeWarner has some facilities that will have to be relocated at owner's expense. h) SBC had no objections. but will seek reimbursement if adjustments to their facilities become necessary. 7) 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 ts) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval r Michael Gunning, AICP, Acting Director of Develop~nt Services DATE: q Ill? {J h APPROVED DATE: EXHIBIT B \ ~a " t--~ "'-'\ 'S- ~~ ~~" <:).., '"" d\~ ~, 1>~ '" ~~ ~ '^, '" ~ ~ Q ~ ~ t? l J ""^_-:...::.._ -::.; .I / , " '" , / L1N[ TABLE LINE L1 L2 L3 L4 LENGTH 153.54' 10.00' 153.54' 10.00' ~ Bury+Partners ENGINEElt'NG SOLUTIONS 922 I,om Road, SuiLe 100 .i... l\iiWUiO, TX762Hi Tel. (210)525-. Faa (210}525-0529 IItIr)'~Parlnen"" loe. CCoplrlcbt 2008 DATE: 08/14/06 DRAWN BY: MTH .----. .,- I o I 50 I 1 00 1 50 1"=100' I 200 }c, ~. r.f' (j ~.s ~s~~<.tl\l,o / V'("''-.. '8' J ~ ", ~O'!' It':''t\'~ /6) , < " LEGEND . 1/2" IRON ROD FOUND (UNLESS NOTED) () 1/2" IRON ROD SET r1 ::t ..." ~ -::'Q " ,,00 :i:- /~" Q / :OJ- '..'" .2;~'0&/ ", C !. O;~ CO 1;< I >('; ..~~ <\",..... u / " &; ( ---OJ- ,/ > '~, / = / ~ . ~.~,,'/ 'vOl 2;. PC 52 ..<1/ & /, !..OJ- , ',' :)8.. :'-4111;' 0 /p- . . . S V ,f)j" C '", '''::'':', I/, &'.20" Of. ~-J<f f:' II I," ---<'~<&' If P.O.B.---ty> ---8,;, 2 / ,/ '~,'''-, \ . fJ ..<1/> / ;./ ,"'.' G<C' ---8! " '~'~,'" 'J2! >& ',OJ' ':q I I !..O,; (3 JE ABAt'-JOONEL l' l' ORD ~~() '30B4 "- , , PORTION OF 10' U,E>03 TO BE ABANDONED "- 0.035 ACRES (1.535 SQ. FT.) (! / "-"'1 A J I YJ f:' ,) 1/ '-'-:.q /0/ r,,,, I <-. '- <:. II., . <J -9 I Y 1;':- . jJ '-.1)-> I . r. I J" l. ! 'IY/j- 'S> (3 "- , "- "- "- , SKETCH TO ACCOMPANY DESCRIPTION OF OF A 0,0.35 ACRE TRACT OF LAND SITU A TED IN THE CITY OF CORPUS CHRISTI. NUECES COUNTY, TEXAS. BEING A PORTION OF LOT 1. ALAMEDA CENTER UNIT J, .4 SUBDIVISION OF RECORD IN 100UME 49. PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS fiLE: H \50001\.356\50001-.356ex.3.DWG FN NO. 50001-.356-3 H.E. BUTT GROCERY COMPANY CORPUS CHRISTI #6 PROJECT No. -50001-356 ~ ,~}J Q6 g () (). ,,2) ~ ~~ .fI~6'7:S-<5" /\to ~ <'O'r ~~ <:) /5;, IC' ~ " / ,)< ~, Ji'/ tf/ / / '", U\Q "".., ~i''''' "'<t "',.'" ~~"'" .,., . n "" \J~ " ~~;~, LENGTH---' ~ 5,00' ---J "". 9772' I 5.00' 97.72' .^ Lt.lE TABLE LINE Ll L2 L3 L4 BEARING 8'01' 40"E 1'58'20"E 8'01' 40"W 1'58'20"W t>> BUrJ+Partners fNGINl!lltlNG SOLUTIONS 922 I.om RoIcI. SuiL" 100 ~tln I\OWDJO, n. 78210 T"I. (210)5$1lMIl POI (210)~2~-O~29 Bu'1+PoI'tDllt-SA. Inc. ecoPlri&hl 2006 DATE: 08/14,/06 DRAWN BY: MTH ) f I 5 J [ .~ ',~I .,11 VOL,,>]' PC; , ""! i <; ~ -61'<:- ""'--=::. . 08' /." ,,'~~ / /<, <'0':.:- ~"~" '" SKETCH TO ACCOMPANY DESCRIPTION OF OF A 0011 ACRE TRACT OF LAND SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEX6,S, EJEING A PORTION OF lOT 7F ANil 7F ALAMEDA EST A rES, A SUBDIVISION OF RECORD IN VOLUME 23, PAGE 52 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS FILE H:\50001\356\50001-356ex2.DWG FN NO. 50001-356-2 (0)' ~~ >;?O / ..... () I .0.<0/' . /;;.r:t;,V, 1'~ u Af3ANUON[[ B CI Y OPD. \JO 1808" ,.(; / '.1-4 /11,c-- ~: "D/j ~.~ d ~<: V)' " (: ~: !Jr-- ~, I o I 50 I 100 150 1"=100' I 200 LEGEND ~ ~ """ ~ d'Q ~.~. I "- .1...0..,.. "'.~ ;> I o . 1/2" IRON ROO FOUND (UNLESS NOTED) o 1/2" IRON ROD SET " ,"~...... ( 0 j- "'-." ;>' '", 'f) / ~ ;;)' ~ ')2 ..q & /' /.O'r- !...qt!j';: 0 ;>,,/ V "YJZ{)/ 0 I f- a / ~"/I '2{] <::S)' 2 , fJ -<1 r" G<:: <::S J2 . / (.? P.O.B. ',,,' t: 1/ <1, PORTION OF 5' U~E:' TO BE ABANDONED 0.011 ACRES (489 SO FT) fill , ", VI)' > 1 O' U t -~- ~ _________ / '/01. 49. PC 157 / -4/ Z4 ;1-1. " <:D-<J /(0)' V 0/ 0;:- <::" '-4f) 'Iv;-;:- , fJ.....1jJ G.j S;Iv/)' ." '- .'" H.E. BUTT GROCERY COMPANY CORPUS CHRISTI #6 PROJECT No.-50001-356 AN ORDINANCE ABANDONING AND VACATING A 1,535-SQUARE FOOT PORTION OF 10-FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, ALAMEDA CENTER UNIT 3, LOCATED SOUTHWEST OF THE ROBERT DRIVE AND S. ALAMEDA DRIVE STREET RIGHTS-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WMEREAS, HEB Inc., requested the abandonment and vacation of the property as a utiHty easement to provide for the construction of a drive-through addition to the existing commercial structure proposed to be built over the easement 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 1 a-foot utility easement for utility 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 1 535-square foot portion of the 1 a-foot easement is abandoned and vacated out of Lot 1, Alameda Center Unit 3. the plat thereof is recorded in Vol. 49, Pages 157 of the Map Records of Nueces County, Texas, located southwest of the Robert Drive and S. Alameda Drive street rights-of-way, for public use as a utility easement (described on attachment hereto), subject to HEB's compliance with the following specified conditions as part of the abandonment and vacation: Owner's payment of the fair market value for the abandonment and vacation of the 1, 535-square foot portion of the 1 a-foot wide utility easement will be waived because Owner will be dedicating a utility easement)f greater value to off-set the proposed abandonment and vacation of the 1 a-foot Wide utility easement 2 Gas Department has an existing 2-inch gas line that will have to be relocated 0' abandoned in place at Owner's expense. 3 i AEP has an existing overhead distribution line that will have to be relocated at Owner s expense 4) Grande Communications has some facilities that will have to be relocated at Owner's expense 5 i TimeWarne has some facilities that will have to be relocated at Owner's expense 6) SBC had no objections, but will seek reimbursement if adjustments to their f:1 C i J I~I.:~::: ;-~IS'{~'nl n t-;ece:::: ~ f"/ j eg/gan ws a;lenda 201 i(>!()l).1 HEH ,\latTIeda 'enter eihl'lllent abandon "') 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. 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 8) 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 1 ih day of September, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor. City of Corpus Christi APPROVED: September 7 2006. ~N:5rnrlv Gary . Smith -- Assistant City Attorney For City Attorney f I Leg gar- \~\ agenda'2(1i)6/(lQ-1 HE B .'\ 1,1Ined<l (enter eaSt'lIlcnt abandon Corpus Christi. Texas _ day of____ 2006 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 Marez Jerry Garcia VVilliam Kelly Rex A Kinnison Melody Cooper ,Jesse Noyola Mark Scott II leg/gal)!\\ S di!enda/:::'006 09-] 2 f IEB ,\Iallleda Center easement abandon c........"...,,~ AN ORDINANCE ABANDONING AND VACATING A 489-SQUARE FOOT PORTION OF 5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 7 A, BLOCK 2, AND LOTS 7C-7F, BLOCK 2, ALAMEDA ESTATES, LOCATED SOUTHEAST OF AND ADJACENT TO THE ROBERT DRIVE STREET RIGHT-OF- WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, HEB. Inc requested the abandonment and vacation of the property as a utility easement to provide for the construction of a drive-through addition to the existing commercial structure proposed to be built over the easement; 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 5-foot utility easement for utility 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 489-square foot portion of the 5-foot easement is abandoned and vacated out of Lot 7A Block 2, and Lots 7C-7F. Block 2. Alameda Estates, the plat thereof is recorded In Vol. 23, Page 52 of the Map Records of Nueces County, Texas, located southeast of and adjacent to the Robert Drive street right-at-way, for public use as a utility easement (described on attachment hereto). subject to HEB's compliance with the following specified conditlollS as part of the abandonment and vacation: Owner S Jayment of the fair market value tor the abandonment and vacation of the 489-square foot portion of the 5-foot wide utility easement will be waived because Owner will be dedicating a utility easement of greater value to off-set the proposed abandonment and vacation of the 5- foot wide iitility easement .-2) Gas Department has an eXisting 2-inch gas line that will have to be relocated ur abandoned In place at Owner's expense. 31 AEP has an eXisting overhead distribution line that will have to be relocated at Owner's expense 4) Grande Communications has some facilities that will have to be relocated at Owner~ expense TimeWarner has some facilities that will have to be relocated at Owner's expense f3) SBe had no objections. but will seek reimbursement if adjustments to their facilities become necps~~arv HLeg.g(JI\'\\'. agt'nda=iJ(1609- 1/HFH A1al1ll'da fstates casement abandon .....,.. ,"- 6) SBC had no objections, but will seek reimbursement if adjustments to their facilities become necessary. 7 I 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. Prior to Building Permit approval of construction, an up-ta-date survey, abstracted for all easements and items of record, must be submitted to the Director of Developme1t Services 8) 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 finds and declares an emergency due to the need for Immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance IS passed and shall take effect upon first reading as an emergency measure on this 1 ill day of September, 2006. A Tl'EST' CITY OF CORPUS CHRISTI .~rmando Chapa (':!ty Secretary Henry Garrett Mayor City of Corpus Christi APPROVED: September 7, 2006. ~DmllA__ ...,ary . Smith Assistant City Attorney F or City Attorney H !eg/garyV\ ,ac:endd'2(J(Jf; (19- ! 2/H EB A larneda F~uies easement abandon .......-....,. Corpus Christi, Texas __ day of _____ 2006 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 Marez Jerry Garcia Witiiam Kelly Rex A. Kinnison Metody Cooper Jesse Noyola Mark Scott H Leg:gan W~ ageJlda2(J()6()l)- i .HFH Alameda I ::tates easemellt abandon ~,....;..,.,- 24 ~",~ AGENDA MEMORANDUM September 12,2006 AGENDA ITEM' a Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by John Bratton, owner and developer of Kitty Hawk Unit 1 located east of County Road 41 and south of South Staples Street (FM 2444) for the installation of 466 linear feet of 12"lnch PVC water grid main: and 'J Ordinance appropriating $12,060 16 from the Arterial Transmission & Grid Main Trust Fund No. 209010-4030 to pay rhe John Bratton reimbursement request for the installation of 466 linear feet of 12-lnch PVC grid main to develop Kittv Hawk Unit 1 and declaring an emergency. ISSUE: John Bratton. owner and Developer of Kitty Hawk Unit 1, will start the installation of 466 linear feet of 12-inch PVC water gnd malll, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the ~rterial transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. 'ecommends approval of the motion and ordinance as presE~nted. ances Teniente, P.E. tant Director of Development Services ""ttachments Exhibit A Exhibit B Exhibit C Exhibit D Background Information Appilcation for Waterline Reimbursement Application for Waterline Credit Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of the Kitty Hawk Unit 1 (see Agreement, Exttibit 1) required a total extension of 466 linear feet of 12-inch PVC water grid main along the south side of Staples Street (FM 2444). The proposed 12-inch water grid main begins at the existing 12-inch water line previously installed by others at the east property line of Kitty Hawk Unit 1 and extends west, along South Staples Street (FM 2444) 466 linear feet (see Agreement, Exhibit 2). The 12-lnch water grid main IS consistent with the City's 1997 Water Distribution System Master Plan The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (see Exhibit D) and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for the Water Line Reimbursement and supporting cost documentation is attached (see Exhibit B). The total construction cost submitted by the developer for the installation of 466 linear feet of 12-inch PVC water grid main is $ 40,420.22 (see Agreement, Exhibit 3). The developer submitted an Application for Water Line Credit (see Exhibit C), which allows the Developer to deduct the water acreage fee from the reimbursement and receive a credit for the water acreage fee that is applied to the water acreage fees during final plat recordation. The water acreage fee is subtracted from the construction cost. The construction cost, less the acreage fee credit ($40,420.22-$28,360.05=$12,060.16), is $12,060 16 Reimbursement would be payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $12,060.16 II Exhibit A II Page 1 of 1 ~"U,'~ APPLICATION FOR WATERLINE REIMBURSEMENT 1, )ohn Bratton, owner and developer of proposed Kittv Hawk Unit 1 Subdivision, hereby request reImbursement of'll 12,060.16 for the installation of the water (arterial transmission or grid main) as provIded for by City Ordinance No. 17092. Said $ 12,060.16 is the construction cost, including 7.5%> Engineenng, III excess of the lot/acreage fee, as shown by the cost supporting documents attached here\\ Ith. ''Jt&@ . ..- / -3-1-0" (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on. _ SeJ*eMber 07 ,20C" , by _________ . a Texas Corporation, on behalf of the said CO~O . 0.- c; MCAJEE My Com.....,. ExpIMI June .. 2001 12/iJ.. ~ ~.~ Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with thIS application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: la) sufficiency of funds in the Grid and Arterial Main Trust Fund, and (b) appropriation and approval by the City Council. ~~= L7eue/~:'~klms Gy/~ 9-/~ (Date) II Exhibit 8 II Cost Estimate / Adjusted Water Fee 12' Water Main Extension Item Unit Quantity Unit Cost Total 1 12" pve LF 466 $44.44 $20,709.04 2. 12" Gate V alve/Box EA 2 $1,603.00 $3,206.00 3. 12" x 8' Tee EA 1 $513.80 $513.80 4 12" Cap wi Test Riser EA 2 $2,100.00 $4,200.00 5. 12" err LF 18 $30.72 $552.96 6. 8" Gate Valve/Box EA 1 $870.00 $870.00 7 Tie in to existing 12" waterline LS 1 $2,616.60 $2,616.60 8. Pressure Test .md Disinfect LS 1 $4,931.80 $4,931.80 Subtotal $37,600.20 7.5% Engineering Fee $2,820.02 Total $40,420.22 (Waterline Credit) Lot/Acreage Fee -$28,360.05 1 Waterline Reimbursement $12,060.161 II P Exhibit B .~ aqe 2 of 2 ~"""'''''"'1!'''' APPLICATION FOR WATERLINE CREDIT L .. John Bratton, owner and developer of proposed Kitty Hawk Unit 1 Subdivision, hereby apply for $ 28.360.05 credit towards the water lot/acreage fee for the (Arterial Transmission or Grid Main) as provided fOf by City Ordinance No. 17092. Said $ 28.360.05 is the construction cost including 7.5% Engineering, as shown by the cost supporting documents attached herewith. ~- 1 -0' (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( rhls instrument was acknowledged before me on September 07 ,20c%' , by _ _ ~_' a Texas Corporation, on behalf ofthe said corp ~ GMCAIEE Mv Com...... .... June 21. 2001 ~~~-12~L..c;// ~..mu.l Notary Public in and for Nueces County, Texas CER TIFICA TION The information submitted with this application has been reviewed and determined to be correct and a credit of $ ___ IS herewith approved. .9~ /-/)C (Date) II Exhibit c II ~....'''''''''' ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and John Bratton, 8320 S. Staples Street, Corpus Christi, Texas 78413 (hereinafter "Developer") . WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 51.284 acres called Kitty Hawk Unit 1 located east of County Road 41 and south of South Staples Street (FM 2444), as shown in the attached Exhibit 1. WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12-inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12-inch PVC grid main; WHEREAS, it is essential that the 12-inch PVC grid main be constructed along S. Staples Street, in connection with Kitty Hawk Unit 1 for it will provide future service connections to the west; NOVV, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch PVC grid main needed for Kitty Hawk Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications apJ)roved by the City Engineer. Developer agrees that the construction provided for herein is roughly proportionate to the Development under Section 212.904, Texas Local Government Code. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 12-inch PVC grid main, as shown in Exhibit 2, with the following basic design: (1) Install 466 linear feet of 12-inch PVC grid main. II Exhibit 0 II 1 of 6 '....,.,- ....,., (2) Install 2 (two) 12" Gate Valve and Box. (3) Install 1 (one) 12"x12"x8" Tee. (4) Install 2 (two) 12" Cap with Test Riser Assembly. (5) Install 18 linear feet of 12" CIP. (6) Install 1 (one) 8" Gate Valve and Box. (7) Tie to Existing 12" Waterline. (8) Pressure Test and Disinfect. The 12-inch PVC grid main will be constructed along the south side of S. Staples Street (FM 2444) from the existing 12-inch water line previously installed by others at the east property line of Kitty Hawk Unit 1 and extends west, along South Staples Street (FM 2444) 466 linear feet. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c Before the Developer begins construction, the plans and specifications must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 12-inch PVC grid main, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of the 12-inch PVC grid main 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12-inch grid main shall be constructed in accordance with the approved plans and specifications and completed by September 30, 2007. 6. TIME IS OF THE ESSENCE Time is of the essence In the performance of this contract. 7. DEFAULT. Tl\e following events shall constitute default: 2 of 6 ....." '- a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10ttl calendar day after the date of approval by City Council. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the lOt calendar day after the date of approval by City Council. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before September 30,2007. b. c. d. e. In the event of default, the City shall have all its common law remedies in addition to the foUowing: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD-PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $2$,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. The petformance and payment bond shall name Developer and City as joint obligees. 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement. the City shall give notice to Developer, at the address stated above, of the need to perform such obltgation or duty, and should Developer fail to perform the required obligation or duty wi.in 15 days of receipt of the notice, the City may perform the obligation or duty, ch.ging the cost of such performance to Developer by reducing the reimbursement amcunt due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. "IIJl!IIlI"'-"'d;~ 3 of 6 Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11 WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the arterial transmission line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12. REIMBURSEMENT. a. Reimbursement hereunder shall be made solely from and if, as, and when sufficient funds are available in and appropriated from the Water Distribution Main Trust Fund and Developer acknowledges that reimbursement is so limited. b. The City will reimburse the Developer 100% of the cost of the 12-inch PVC grid main, upon satisfactory completion and testing in compliance with approved plans and specifications, not to exceed $12,060.16. See Cost Estimate attached hereto as Exhibit 3. c. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12-inch PVC grid main by the professional engineer hired by the Developer However, the expenses may not exceed 7.5% of the costs of construction of the 12-inch grid main. 13. INDEMNIFICA TlON. Developer shall indemnify and hold harmless the City, its Bf/ents, officers, and employees from all suits, actions, or claims and from all Il.bllity for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 12-inch PVC grid main construction. 14. This agreement is a covenant running with the land, Kitty Hawk Unit 1, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 4. 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 4 of 6 ~...".. EXECUTED IN DUPLICATE originals, this day of ,2006. ATIEST CITY OF CORPUS CHRISTI Armando Chapa, City Secretary By: George K. Noe, City Manager APPROVED: 7-#+l day of ~n-.~ ,2006 By: ~WQ,.,.,~ G ry . Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2006, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of 6 ~,...- This instrument was acknowledged before me on :2/~~ ~~~j u -- Notary Public, State of Texas DEVELOPER: John Bratton By John B~) THE STATE OF TEXAS COUNTY OF NUECES oq -07-~ - - - le ... 0 MCA1EE . Mv CaIui.:.. "or. EIpIMI , June 21. 2GOI ~--.. ---~....... 6 of 6 , 2006, by John gCT]DN SECTION 3\ ClJJcU -j '>to ! Q, ~I j '-1' z :=)1 Do I ! j ttt2 OIdDtJ 'H j NO DATE 1M. Int En9' REVISIONS -SuNoyinlJ P.O.Bo. 2927, Co<J><n Chritti, T.... 78403 SECllOfi 30 SECTIDN 33 ~ '" ~ ~ . i ~ ~ o I ilnOS) M z CJ i= u w Vl ~1~1><.{ :)~;:Pq/~ OSO'-' ne engInMrIng-divlng-surveying )-- ~y l-uJ ZW =:)(Y D l_J C) ! r ~a llIH S~V~ U v NDIlJ3S if: NDIlJ3S (i I." z o N I I- W oc <[ N <[ Z I ~ ::::J o (/) --.J .,. <[~.' uZ ~[w:Y:: ZM~ 'tt"""i<[ <[ffitCL t-<t O~t5) L . P=:l'" f. ~:{ ) \ \ " -.----,.~-------- / ,./,/ (/) l:Id WZ-<[ I .., :;2Q: I......J I-- I- Z<[ 1-11-- ~(/) W ~z WO ~.U) ~Z W :1- NX ...-w w z ::J KITTY HAWK - UNIT 1 Exhibit 1 LoeA liON MAP 820 Buffalo St., Co<J><n CIIrtoti. r..... 7&101 pIlone: JE1.887.8ll51 fax: 361.887.11855 I--l ~.. (/)~ t--f ---.J ;-,j .' ~ <[ V9..~ IUZ" UZ.~> "J~~ CL " Q:: ~ \l.. o u SECTION 31 SECTION 3~.. : . \ ('>,h ,.... - ~ "' \\ \ 'f'j ',--./.-....../ \....l5'~ \:. , \ '--., \ / \-... ~ \' Clo< I-w -,w I.&JQ: ZU ZCJ -<["" QO (- ,-../.... ~'-. '" 1 L, SCAlE: AS NOTED P~1l1 PDV JUL 2006 403-05008 1 Of 1 wn.M-fnc.COfn .-mol: .......-Inc:.com / / ./~ ,~:~: ~~'. /<<> '<</ >< /z, · ", ~ ' ~5;/ , ~ / I/~/ -~-, /, , I , I I I I I 3 I I / EXISTlHC 42. WATER IWN -:A-,- ./1 , //' '- / PROPOSED e. WAT[J:l UNE I I~ i~ i~ : ~ATER PROPOSED 12" GATE V. ~ PROPOSED 12" TEST RISER .. CONNECT 10 EXIS11NC WATER lINE \ KITTY HAwK-'DRIVE / / . .....--:-- / WATERLINE CROSSING o 20' 80' 40' 50' WATER LINE PLAN p--'<J o 400' BOO' BOO' 200' .. ..... "''ID CD CD' CD ENLARGEMENT P"""""9 o 200' 300' 400' 100' SCAlE: ~ NOTED we KITTY HAWK - UNIT 1 I I HI PDV Exhibit 2 JUL 2006 engineering-dMng-surveying CONSTRUCTION SCHEMATIC 403-05008 NO DATE REVlSIONS 1 Of'1 RVE. In< Divinq-~ P.D.Em 2927, Co<pv3 Olrioti, T.... 78403 6;>0 Bvtfolo SL, Co<pu, Christi, T.... 7840 1 phone: 361.8Il7.ll851 fax: 36Ul87~ .-moll: rwOrw-inc:.com ...."....Ine.com Cost Estimate / Adjusted Water Fee 12' Water Main Extension Item Unit Quantity Unit Cost Total 1. 12" PY C LF 466 $44.44 $20,709.04 2. 12" Gate Valve/Box EA 2 $1,603.00 $3,206.00 3. 12" x 8" Tee EA 1 $513.80 $513.80 4. 12" Cap wi Test Riser EA 2 $2,100.00 $4,200.00 S. 12" eIP LF 18 $30.72 $552.96 6. 8" Gate ValvelBox EA 1 $870.00 $870.00 7 Tie in to existing 12" waterline LS 1 $2,616.60 $2,616.60 j. 8. Pressure Test and Disinfect LS 1 $4,931.80 $4,931.80 Subtotal $37,600.20 7.5% Engineering Fee $2,820.02 Total $40,420.22 (Waterline Credit) Lot/Acreage Fee -$28,360.05 t Waterline Reimbursement $12,060.16 J II Exhibit 3 .~ ~, "'-- :\ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City 10 provide the following information Every question must be answered. If the question is not applicable, answer with uNA" FIRM NAME .::s-C~~ ~PA~N STRIET: ~ ~3o S. ST"PL~S CITY: CO~pc s C I+rel5 rl ZIP: "1 g~J 1 FIRM is: 1 Corporation __ __ 5 Other 2 Partnership 3. Sole Owner y 4. Association _ DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet. 1, state the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) --~------- 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" censtituting 3% or more of the ownership in the above named "firm", Name Tme (V II- 3. state the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Board, Commission or Committee _u lv_fA__.___________ 4. StIlte the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked OR any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant 1tI~ CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus ChristL Texas as changes occur. Certifying Person: :S;t+,.J \S a~~t-J __ Title: (Type or Print) ~~ I Date: ~ -1 - (:) l II Exhibit 4 II Signature of Certifying Person:u ..........~ DEFINITIONS a "Board Member'. A member of any board. commission or committee appointed by the City Council of the City of Corpus Christi, Texas b "Employee" Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor "Fim1" , Any entity operated for economic gain, whether professional, industrial or commercial and whether es.blished to produce or deal with a product or service, including but not limited to, entities operated in the form of &ole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. n 'Official' The Mayor, members of the City CounCil, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e "OWnership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements 'Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AN ORDINANCE APPROPRIATING $12,060.16 FROM THE ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 209010- 4030 TO PAY THE JOHN BRATTON REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 466 LINEAR FEET OF AN 12-INCH PVC GRID MAIN TO DEVELOP KITTY HAWK UNIT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $12,060 16 from the Arterial Transmission and Grid Main Trust Fund No 209010-4030 is appropriated to pay John Bratton's reimbursement request for the installation of 466 linear feet of an 12-inch PVC water distribution main to develop Kitty Hawk Unit 1, located east of County Road 4 and south of South Staples Street (FM 2444). SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 1ih of September 2006 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form September 7 2006 By ~~ldA Ga W Smith Assistant City Attorney For City Attorney H: L cf2:Dir\gws\agenda'(JrJi, .Oq-I.:'K Ittv 11,1\\ k .... Corpus Christi, Texas ___ __ day of_____ ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced. or at the present meeting of the City Council Respectfully Respectfully, _.._-_._"-~-"'_...---_._- ""-'. ---'-.~'-'- Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison John E Marez Jesse Noyola Mark Scott HLei2Dirg\\>\agelh1a~ilO(] <)9-1' Kilt\ Ha\\K ......' . ..... 25 ........,..;..... ._~ .~."'JlIlll!!!!Il~.~~' .'-.- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/12/06 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute an oil and gas lease with EOG Resources for approximately 160 gross acres of land owned by the City of Corpus Christi at the Corpus Christi International Airport for a cash bonus bid of $26,140, $ 25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations; and providing for publication ISSUE: The Ai"port requested bids for oil and gas exploration/directional drilling for approximately 160 acres of land _ shown on attached exhibit. By City Charter, all oil & gas production on City owned property must be awarded through the bid process. Bids were received and opened on August 23, 2006. REQ&lRED ACTION: Oil and gas leases must be approved by City Council. FUNI>><JG: N/A CON<l-USION AND RECOMMENDATION: The AIrport Board recommended approval of the lease at its August 23, 2006 meeting. Staff recommends approval of the ordinance as presented ,x~_ ~-.-.~ Dave Hamrick Director of Aviation Attacllnents : Ordinanee Exhibit A - Leased Premises '-~'-- EXHIBIT A LEASED PREMISES VlJf/IlIB<'1f1RIillllll'llarllllllll1llfpun \ ~, ,,,-IiGEJfD ___________ __ ____'~4-ti. .- PROPOSf-U J6i AC!U RACl ~ - AIRPOJC OPERATIO\ AREA I .\OAl BOU\iDR\ ,:PUBLfC LSf P-RE,\S 'AIRPOHT GROUND LEASLAH~AS FUTURE DEVEOPME\lT sm ~~mAOA\RI :, ';C C .% .~ ~ _._..,...~-_._---.--_.- -~~~~=1~~ ~~nr-- ,m il~;.i I' i i Ii 'J"Icl ~. ~~nr I~. ~I ~ ~ ,i I"-E - - -1 I \ L'- ,'-L1 ~; ." ~ >! E'- . -. - --.,. ;;(- r=---' ' .... '-I' I' (J>l 01 ~._---~ AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN OIL AND GAS LEASE WITH EOG RESOURCES, INC. ON APPROXIMATELY 160 GROSS ACRES OF LAND OWNED BY THE CITY OF CORPUS CHRISTI NEAR THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A CASH BONUS BID OF $26,140, $25.00 PER ACRE DELAY RENTALS, 25% ROYALTY, WITH A THREE YEAR TERM, AS MAY BE EXTENDED INDEFINITELY BY CONTINUING DRILLING OPERATIONS. WHEREAS, the City advertised for bids to lease minerals, with a minimum bid of $300.00 per acre, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations; and WHEREAS, only one (1 bid was received at bid opening. NOVV, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager. or his designee, is hereby authorized to execute an oil and gas lease with EOG Resources, Inc. for $26,140 cash bonus, with a $25.00 per acre delay rental, and a 25% royalty, upon the terms in the bid specifications, which was determined to be the bid that was most advantageous to the City, for the property described on the attached and incorporated Exhibit A A copy of the oil and gas lease will be placed on file with the City Secretary. ~""'-'-- That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ of ,2006 for the following vote: Henry Garrett Brent Chesney Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of __ ___ of _____ _ 2006, by the following vote Henry Garrett Brent Chesney Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this __ __ day of ___ ,2006. A.TTEST Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED- September 7, 2006 \~~1!:X\~- Wendy E en i~ Assistant City Attorney For City Attorney ~'-----.... 26 ~''''''~ CITY COUNCIL AGENDA MEMORANDUM City Council Hearing Date: September 12,2006 AGENDA ITEJ\I: (a) Public hearing on request for a variance to operate an establishment with on-premise consumptIon of alcoholic beverages. (b) Re:-,olutlOll granting a \ariance. under Section 4-5(t) of the Code of Ordinances, to RFI, Inc, doing husmess as Sports ( 'hill & (;rill. to operate an on-premise alcoholic beverage establishment located at ] 402 Rodd Field Road. ISSUE RF I. Inc, tS requesting a vanance to allmv the on-premise consumption of alcoholic beverages at Sp011s Chill & Grill. The proposed establishment is located within 300 feet ofa daycare center. State law allows a city to prohibJt any person from maintaining a business for the dispensmg and sale for on-premise consumption of alcoholic beverages within 300 feet of a daycare center unless City Counci i has approved a variance to the distance requirement. The subject property, operating as a lounge,and KmderCare Child daycare center have co-existed with each other for over 2x years. PREVIOUS COliNCIL .\CTION: On December 16,2003, the City Council approved an amendment to Section 4-~ of the Code of Ordinances relating to the location of establishments that dispense or sell alcoholic I)everages for on-premise consumption and are located within 300 feet of a daycare center. REQl.lESTED COUNCIL ACTION \pproval of the variance RECOMMENDATION Approval oflhe variance. Al~If~ ' MichaelN. GlInning. Alei' ~ ;\cting Director, Development ServIces I )ept. ~..."""'" Agenda \1emorandulll Case No rABC200h-i)I iRF: lne Page .' BACKGROUND INFORMATION Sports ( 'hi II & (Jril I is proposing to lease the property from Leer Properties, Inc. pending the outcome of the vanance request. The subject property is located along the east side of Rodd Field Road. 400 feet north of SP J.D. and has been operating almost continuously as a lounge since 1978 [t has pn>\iously been operated under the names Gabby's, Neely's, Cadillac's. Peppers, and Peppers J [ The property is located in the "B-3" Business District which pemlits the operation of a lounge. The proposed operators of the establishment desire to sell alcoholic hc\ erages and are therefore requesting a variance, Cih Variance Proced ure State law allows a city to prohibit any person from maintaining a business for the dispensing and sale for on-premi~es consllmptlon of alcoholic beverages within 300 feet of churches, daycare centers. childcare centers. public hospitals, and public and privates schools unless the ('itv Council grants a variance to the distance requirements. According to the City'> Code of Ordinances, in order for Council to grant a variance, a public notice must be published in the ne\',spaper ten days before the hearing date and notices mailed to all property owners, churches, daycare centers, childcare facilities, public or private school~ and publ1c hospitals WIthin 300 feet from the subject property. The ordinance also states that the CIty Counci I may, upon application. allow a variance to the regulation if the Counci I determmes that enfl)rCement of the regulation in a particular instance is not in the best mterest of the publIc, constitutes waste or inefficient use of land or resources, creates an undue hardshIp on an applicant for a license or permit. does not serve its intended purpose, is not effective or necessary, or tor an) other reason. aHer consideration of the health, safety, welhue of the publIC and the equilie~ of the ~ituation. determines it is in the best interest of the C(1111l111111ily Land Use and Zonin2: Issues Sports Chill & Grill will be 111 the "B-Y' BllslI1ess District and is located along the east side ofRodd Field Road approximately 400 feet north of S.P.I.D and will be occupying a building that has operated on and off as a bar Sll1ce 1978. Sports Chill & Grill will be within 300 feet of the KinderCare Child Daycare Center which was constructed in 1979 and has been operatlllg as a daycare ,enter e\er slIlce The nearest residcnlIalllsc IS an apaJ1ment complex that is located to the east and rear of the buildll1g There IS commercial development to the west across Rodd Field Road and directly south adJacent to the suhject propcrl~ The t\\'o establishments are both restaurants that serve alcohol on premISe H:PLi' DIR SH~\RH)\( ,.\IL WOIW\T,\BCr \B( 2'!11. TABC2Illln,1I1 M.iENDAMEMODOC ~ -'~ A.gend:J Memor:Jndul11 Case ",L rABC20(j().()Ir.RJ .Inc Page '\ Findinl!s and Recommendation The subject property, operating as (l lounge and KinderCare Child daycare center have co- existed with each other for over 28 years. In September of 1997 daycare centers were added to 'TABC regulations as a prohibited use within 300 feet of an establishment possessing a penml 10 :-.ell alcohol ror on-premIse consumption. The majority of alcohol sales will likely OCUlI' in the Idle afkmool1 (i) evening when the daycare center is closed. Therefore, a contllluanle oj on-pl",>mise cn!1sLlmption of alcohol at the subject property would have minimal impac! ,)11 the daycare eentl'r Recommendation. ApprO\al)f the \ariance. Attachments: Location and Notice Map Letter from Lt~dell AdaIr ResolutJon H:\PLj\i.DIR\SHA REO'(,,\ J[ WOI! D\TAHt 'T\H( 21)11(. r.\BC2006-01'\GENDAMEMODOC '-...( HERITAGE PARK UNIT 2 2 :I?~1. ~(.q J\lD O~/~~ l' B-4 '~ '-,,", ~) " CHRI1- REA 6 l. A~ 7 ---------- --- ...., ". ", .~ 1B --- / / TABC200601 Notice Map A-1 Apartment House District A.1A Apartment House DistriCf A-2 Apartment House DIstrict B-2 8ayfront Businesl District 80 Corpus Christl Beach Design Ol.r,et 8-3 Busln.... District 1-2 Llghtlndultrlal Dlatrlct 1-3 Heavy Industria' Dlltrlct SP Spedal Permit PUD Plenned Unit Development HC Hlstorlcal.cultural Landmark Pre.orvatlon F.R Farm Rur.. DistriCI R.TH Townhouse Dwelling OistrlCr 8..1 Neighborhood 8usiness District B-1A Neighborhood BUlino.. District B-2A Barrier Island Buslnel' District RE ResidenUafEstate Oistricl RA One Fam'" Dweltlng District R-1A Ono Family Dwelling District R-2 Multiple OwelUng Districl T.1,A Tra...ei TraUer Park OIstrict T.18 Manvfactured Homp. Park District R-1B One FamMf Ow.Uing District R-1C One FamHr Dwelling District T ~1 C Manufactured Home SubdlvisiOrl District t'fHH.HY tHJS>lnes::> '-''VIii;\' UllilrlL.1 N , A City of Corpus Christl, Texas 8.... General Busin... District 8.5 Primary Business District o.n;."""I~nt_T(-'llrl"" f)l<;.lr!c' AS ProlttSSlonal Office District 1-1 limited Industrial Oistriel o 75 150 300 . Feet ~ 08/14/06 SRR Department of Dev"opment'Services ,,/ HERITAGE PARK{ -'"" UNIT 2 2 I , ~~1. \S(.q J\lD D ~/V~ 8-4 r~ ) CHRIS - REA . 6 AD~_ / City of Corpus Christi, Texas Department of Development Services .......--..- ROYSMITH "-~, 18 -~ "'" J' RLAZA '. TABC200601 Ownership Map N A 00/' / /1 -1 Subject Property Owners within 300 feet, listed on attached ownership list o 75 150 300 ~~ -'Feet 08/14/06 SRR e e LEER PROPERTIES, INC. 4240 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78411. BUS.: 361-851-2163 PAX: 361-851-2295 EMAIL=COrpofflce@stx.rr.com IIF~;.~ -- . ~ - ..... .=~.. d;i.,~:_'l!r . .~ August 2, 2006 Re: RF 1, Inc. d.b.a. Sports Chill & Grill 1402 Rodd Field Road Corpus Christi Texas 78412 ~~r:.1897011 / rr-, ... ~-;.. /1,.;.-' ~ <r / :" ~ // WI- ~ (~ RECE\VEO ~ ~:-~ an SECREtAlft'S 1$ ~ 1.0, Qffd. l'~ ,... dJ'" "0:'l. ~ ~ '-- Be" S'~ PZ C"t 1,1, '\i City of Corpus Christi City Attorney Elizabeth Hundley 1201 Leopard Street Corpus Christi Texas78401 Bus: 361-826-3360 Dear City Attorney Elizabeth Hundley: RFl, Inc. d.b.a. Sports Chill & Grill has applied to the Texas Alcoholic Beverage Commission for a Mixed Beverage with Late Hours permit to be allowed to sell mixed beverages on the premises at 1402 Rood Field Road, Corpus Christi Texas. 11rls property is owned by Leer Properties, Inc. and is being leased to RF1, Inc. pending their ability to obtain a permit at this address. Pursuant to Section 4-5 of the Code of Ordinances of the city of Corpus Christi which prohibits the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the city within three hundred (300) feet of any church, child-care facility, day-care facility, public or private school or public hospital, we would like to respectfully request a Variance to this ordinance. We are requesting this variance due to the proxirn.jty of Kinder Care Learning Center at 1354 Rodd Field Road Corpus Christi Texas 78412 which is located next to our property at 1402 Rodd Field Road Corpus Christi Texas 78412. - 1 - -....... e e We believe the variance is necessary for the following reasons: I) 1402 Rodd Field Road was built specifically to be operated as a lounge in 1978. 2) Kinder Care Learning Center was built a year later in 1979. 3) Kinder Care Learning Center was fully aware that they were building next door to a lounge and should not have had any reasonable expectations that it would be anything else. 4) Currently there are two establishments within three hundred feet of Kinder Care Learning Center that sell alcoholic beverages a: Taqueria EI Potro located at 1401 Rood Field Road has an on premise beer and wine pennit. b: Black Diamond Oyster Bar located at 7202 S.P.I.D. has an on premise mixed beverage permit. 5) By not allowing the property to be used as intended it would create undo hardship. 6 ) Would constitute a waste or inefficient use of the land because they would not be able to open their business 7) Is not effective or necessary The property at 1402 Rodd Field Road has always been operated as a lounge and never any other type of business. It has been previously operated under the names of Gabby's, Neely's, Cadillac's, Peppers and Peppers II. It is our desire to seek a variance for a Sports Bar. We respectfully request a Variance pursuant to Section 4-5 (f-h) of the Code of Ordinances; that proper notice be made, that the request for a Variance be presented to the City Council in accordance with law; and that a Variance be granted. Please inform us of expected costs for publishing and mailing notices so that we may reimburse these costs. If anything further is needed. please contact OUT office. Thank. you. ~ Sincerely, Ul~~Q.~ Ledell Adair - 2 - ~...."""",- A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF ORDINANCES, TO RF1, INC., DBA SPORTS CHILL & GRILL, TO OPERATE AN ON-PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 1402 ROOD FIELD ROAD. WHEREAS, RF1, Inc, doing business as Sports Chill & Grill ("Sports Grill"), desires to continue operation of a bar on property located at 1402 Rodd Field Road, which is situated within the City of Corpus Christi ("City"); WIEREAS, Sports Grill desires to allow on-premise sales and consumption of alcoholic beverages at the location WI-EREAS, the location of Sports Grill's proposed business is within 300 feet of a daycare center; WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage Code ("TAB Code"), the City enacted Section 4-5(a) 0f the City's Code of Ordinances ("Code") to prohibit any person from maintaining a business for the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the City within 300 feet of any daycare center; WHEREAS, Section 109. 33( e) of the TAB Code and Section 4-5(f) of the Code allow the City Council ("Council"), upon application of a business regulated under Section 4-5 of the Code, to grant a variance to the alcohol regulations contained within the section if the Council determines that enforcement of the regulation in a particular instance is not In the best interest of the public, constitutes waste or inefficient use of land or other re- sources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, and, after consideration of the health, safety, and welfare of the public and the equities of the situation determines it is In the best interest of the community; WHEREAS, Sports Grill through Leer Properties, Inc., acting as its agent, has formally applied to the City for a variance under Section 4-5(f); WHEREAS, Sports Grill believes and states that enforcement of the regulation, in this particular instance, constitutes waste or inefficient use of the land because Sports Grill would not be able to open their business; WHlREAS, Sports Grill believes and states that enforcement of the regulation, in this particular instance, creates an undue hardship on the applicant for a license or permit; WHIREAS, Sports Grill believes and states that enforcement of the regulation, in this particular instance, is not effective or necessary; and \".'HEREAS, Spoils G, i;; I tljUt::)b li IdL li Ie Councii gram the vanance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, constitutes waste and inefficient use of the land and other resources and, after consideration of the health, safety, and welfare of the public and the equities of the situation, grants the variance in the best interest of the community. SECTION 2. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, creates an undue hardship on the appli- cants for a license or permit and, after consideration of the health, safety, and welfare of the public, grants the variance in the best interest of the community. SECTION 3. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, is not effective or necessary and, after consideration of the health, safety, and welfare of the public, grants the variance in the best interest of the community. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO FORM: ~ q / L, 2006 /) ~......; ..," ,- Corpus Christi, Texas day of_____ 2006 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 EHres183.doc ~"---- 27 -~c-~_ NO ATTACHMENT FOR THIS ITEM ....,....-. '",," 28 ~.'"-- CITY COUNCIL AGENDA MEMORANDUM PRESENTATION City Council Action Date: September 12, 2006 AGENDA ITEM: Water Supply Status and Future Potential Projects STAFF PRESENTER(S): Name 1. Ronald F. Massey 2. Eduardo Garana. PE. Title/Position Assistant City Manager Director of Water Services Deoartment ACM-Public Works Water OUTSIDE PRESENTER(S): Name Title/Position Oraanization None ISSUE: Update on reservoir levels and review of conservation measures. ~ct ~ \\1.=""6- Ronald F Massey & Assistant City Manager Powerpoint X ~..i_ 29 ~",~...~ CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: SeDtember 12. 2006 AGENDA ITEM: Motion confirming the City Manager's appointment of Richard L. Hooks as Fire Chief. ISSUE: Following the retirement of Chief J. J. Adame, the City conducted a search to secure a replacement for this position. That process included: Meetings with employees. business leaders and community organizations to discuss the qualities necessary in the next Fire Chief; Advertisement in the International Association of Fire Chiefs publication, The Fire Chief Magazine, Journal of Emergency Medical Services, Texas Fire Chiefs Association and the City's internet site; Receipt of 32 applications which were screened down to eight persons to go through an Assessment Center: Conduct of an Assessment Center by an outside consultant with assessors including active and retired fire chiefs from major fire departments; and A formal interview conducted by the City Manager and his Assistant City Managers. As a result of this process, the City Manager has selected Richard L. Hooks to serve as the City's next Fire Chief. Chief Hooks' resume is attached. RaQUIRED COUNCIL ACTION: The Fire Chief is an appointment of the City Manager and that appointment must be confirmed by the City Council in accordance with state statute. CCDNCLUSION AND RECOMMENDATION: That Richard L. Hooks be confirmed as Fire Chief. ~oo City Manager Attachments: Resume of Richard L Hooks RIchard L. Hooks 2et; Leopard, Suite 301, Corpus Christi, TX 78408 361-826-3931 c..... Profile: I am currently serving as the Acting Fire Chief for the Corpus Christi Fire Department. My previous experience includes twenty nine years fire and emergency service, and twenty three years with the Corpus Christi Fire Department. I have ten years experience at rank of District Chief or above and have served as the Deputy Fire Chief for the last five years. Additionally, I have been assigned as Emergency Management Coordinator since 2003. The Deputy Chief is directly responsible for Administration, (including budget preparation and plJl!'Chasing),Communications, Emergency Management, and with oversight of four Divisions managed by Assistant Chiefs (Operations, Fire Prevention, Support and Technical Services). The Deputy Chief is the primary departmental representative in Collective Bargaining and Labor Management. · Appointed as Acting Fire Chief, January 2006. · Appointed as Emergency Management Coordinator 2002 (collateral duty). · Appointed as Acting Deputy Fire Chief in December, 2000 and permanently promoted to February, 2001. · Promoted to District Chief, July 1996, assigned to the Special Services Division ( Safety/Rescue/Hazardous Mate ria Is ). · Promoted to Captain, 1989, assigned as EMS Supervisor, transferred to Fire Suppression, Engine 10, 1994. · Promoted to FFII Paramedic, 1987 · Began career with Corpus Christi in 1978, resigned in 1981, and rehired in 1986. · Alamo Heights Fire Department, 1985-1986, firefighter/paramedic. · Terrill Hills Fire Department, 1977-1978, firefighter. R~vant EXDerience and Accomplishments: As the Special Services Chief, Deputy Fire Chief. as well as in Emergency Management, I have had the pleasure of supervising or being directly involved in all major projects/incidents since 1996. · Project manager for City of Corpus Christi, "Comprehensive Analysis of Fire and EMS Delivery", TriData Corporation, August 2005. · Prepared and managed the departmental budget for five years. · Department lead representative in collective bargaining. · Network inst8l1ation/integr8tion 8nrl r.onVf'!rc;ion to ;:Jlltom::ltArl n::~rortino ::Inn m::lnagement system for Fire. ,~.._...,- Richard Hooks.361-826-3931<<r/h@cctexas.com Page 2 of 2 . "Healthy Cities" Wi-Fi and EMS automated reporting project. . Partnership with Del Mar College on a shared public safety training center. · Development of an Industrial Firefighting, marine rescue, and lifeguard program. · Development of a well respected Hazardous Materials and Rescue program. · Hurricane Katrina Evacuee Sheltering, 2005. · Participated in statewide emergency response to Del Rio Floods, Fort Worth Tornadoes, and the NASA Challenger incident. . Ongoing community hurricane preparation projects. Committees: . Chair Local Emergency Planning Committee. . Co-Chair Emergency Response Subcommittee, LEPC. . Council of Governments, alternate. . Secretary, Corpus Christi Oil Spill Control Association. · Leadership Committee, Texas Task Force One, Urban Search and Rescue Team, 2001- 2003. Education: . Del Mar College and Texas A&M University, Corpus Christi, Texas. 101 hours towards SA in Occupational Education. Certifications: . Texas Master Firefighter . Texas Paramedic (inactive status) . Texas Intermediate Fire Instructor . mbersh iDs: . International Association of Fire Chiefs . National Fire Protection Association . Texas State Firemen's and Fire Marshal's Association . Coastal Bend Emergency Management Association . Emergency Management Association of Texas . International Association of Emergency Management .itarv: · United States Coast Guard 1973-1977, served on rescue crews and as Search and Rescue Coordinator. OIher: · US.C.G. licensed Master, Merchant Marine, 1980-2000. - ~'- 30 ..........""'-"...... CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12,2006 AGENDA ITEM: Motion to adopt an ordinance setting a tax rate of $0.602372 per $100 valuation. The ordinance prescribes the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2006 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable, and declaring an emergency. ISSUE: The Texas Property Tax ('ode states that the governing body of the taxing unit should adopt a tax rate before the later of September 30th or the 60th day after the taxing unit receives the appraisal roll. The rate will be comprised of two components: the rate needed to support the city's debt service ($0.199175) and the rate needed to support the city's maintenance and operations expenditures ($0.403197) for FY 2006-2007 The proposed tax rate exceeds the effective tax rate of$0.591434 per $100 valuation. Section 26.05(b) of the Code provides that a motion to adopt an ordinance setting a tax rate that exceeds the effective tax rate must be made in the following form, "I move that property taxes be increased by the adoption of a tax rate of $0.602372 per $100 valuation. " Additionally, Section 26'()9(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for formal approval. The Nueces County Tax Assessor should have the certified levy calculation completed by the end of the month. at which time it will be presented for City Council approval. REQUIRED COUNCIL ACTION: Adoption of ad valorem tax rate by ordinance as submitted. PREVIOUS COUNCIL ACTION: . Tuesday, July 25, 2006 -- City Council adopted the City budget for FY 2006-2007 based on the proposed tax rate of $0.607406 per $100 valuation. . Tuesday, July 25,2006 - City Council voted to schedule September 12,2006 for adoption of the ad valorem tax rate of$0.607406, and scheduled two public hearing on the proposed ad valorem tax revenue increase. · Tuesday, August 22, 2006 - City Council conducted a public hearing on the proposed ad valorem tax revenue increase. · Tuesday, August 29, 2006 - City Council conducted a second public hearing on the proposed ad valorem tax revenue increase .~ CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council adopt the ad valorem tax rate of $0.602372 per $100 valuation for tax year 2000 to support maintenance and operations and debt service by making a motion that property taxes be increased by the adoption of a tax rate of $0.602372 per $100 valuation. . U~~7 {}~~ Cindy O'Brien/' Director of Financial Services Attachments: Background information 2006 Property Tax Rates publication printed in the C all er- Times on Sunday, August 6, 2006 ~---~- BACKGROUND INFORMATION The tax rate of$0.6023 72 per $1 00 valuation submitted to City Council for adoption for fiscal year 2006-07 IS allocated between the General Fund (M&O) and the Debt Service Fund (I&S) at $0.403197 and $0.199175 per $100 valuation, respectively. In compliance with the financial policies adopted by City Council, the M&O rate will be the effective M&O rate as calculated for the effective and rollback tax rates In November 2004. voters approved a 2 II; cent increase in the debt service rate in order to finance the following propositlOns Street Improvements Public Health & Safety Projects Public Facilities Improvements Park and Recreation Improvements Bayfront Master Plan Project Total of all approved bond propositions $68,350,000 $ 1,900,000 $ 5,660,000 $ 7,406,000 $11.684.000 $95.000.000 The I&S rate was increased in FY2005-06 in order to fund the voter approved debt for these Bond2004 projects. This is the reason the proposed tax rate of $0.602372 per $100 valuation exceeds the effective tax rate of$0.591434 per $100 valuation. The effective tax rate is a calculated rate that would provide the City with approximately the same amount of revenue as it received in the prior year. on properties taxed in both years. It does not take into consideration additional debt service requirements. The difference between the effective tax rate and the proposed tax rate is $0.01 0938, which is just a little over 1 cent. Since the proposed debt service rate includes the voter approved 2 liS cent debt service increase, the City is technically presenting a tax rate that isl ~ cents less than the increase that voters approved. Tax Rate Information published in the Caller Times on Sunday, August 6, 2006 2006 Propert~ Tax Rates in City of Corpus Christi This notice concerns 2006 property tax rates for City of Corpus Christi. It presents intormation about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes a~ last year if you compare properties taxed in both years. This year's rollback tax rate is I he highest tax 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 (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value Last year's tax rate: Last year's operatmg taxe, Last year's debt taxes Last year's tol.11 taxe, Last year's tax base Last year's total tax rate This year's l'ffective tax rate: Last year's adjusted taxes (alter subtracting taxes on h,t property I This year's adjusted tax base $10,296,748,<)32 (alter subtracting value of ne\\ property I This year's effective tax rate 0.591434/$100 . Maximum rate unless unit publishes notices and holds hearings.) $42,048,737 $19,63] ,003 $61,679,740 $9,856,] 58,287 0.625799/$100 $60,898,568 This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, and/or enhanced indigent health care expenditures) ~ This years adjusted tax base = This year's etTective operating rate x 1.08 ~ this year's maximum operating rate + This year's debt rate This year's total rollr.ac" rate $41,516,202 $10,296,748,932 0.403197/$100 0.435452/$100 o 199175/$100 0634627/$100 Statement of lncrease/Decrease If Cay of C01pUS Christi adopts a 2006 tax rate equal to the effective tax rate of $0.591434 per $100 of value, taxes would increase compared to 2(0) taxes by $879,469. Schedule A - linencumbered Fund Balances fhe following estimated balances wIll be left in the unit's property tax .lCcounts at th,' end of the fiscal year These balances are not encumbered by a corresponding debt obligation Type of Property Tax Fund General Fund Debt Service Balance $18,450,685 $7,340,526 -........~ ,- Schedule B .. 2006 Debt Service [he unit plans to pay the following amounts for long-term debts that are secured b) property taxes. These amounts will be paid from property tax revenues (<lr additIOnal sales tax revenues, if applicable) 1996 Certl!icates of $152-41>4 $32,221 Obligation 2000 Certllicates of $40 \.1 k2 S 103,536 Obligation 200lA General $2,981513 $272,063 Obligation 20018 General $250.718 $774,029 Obligation 2002 Certificates 01 5> 77'i.2~9 S<J09,550 Obligation 2003 General $2,124328 $406.146 Obligation 2004 Certificates of $169,404 $188.773 Obligation 2004 General $6,(31)790 $653,053 Obligation 2005 General $460.779 $2.815,344 Obligation 2005 Certificates of 1>0 $445,874 Obligation 2006 Certiticates 01 $11 $482.770 Obligation Total Required k)r 20(16 Debt ServIce Amount Ii f any) paid from funds listed in Schedule A Amount (I f any) paid from ,lther resources Excess collections last yeal Total to t'e paid from la.xes In ;'006 Amount added in anticipatIOn that the unit wIll collect, ,nly 97 00% of its taxes in 2006 Total Dent Levy This notice contains a summary of actual effective and rollback tax rates' calculations You can inspect a <;tIPy of the full calculations at 90 I Leopard, SUite 301, <'olpus Christi. Texas 78401. 'iarne of person preparing this notIce: Ramlro R. Canales, CT A ritk Nueces County Tax Assessor-Collector Descnption of Debt Principal or Contract Payment to be Paid from Propert v Tax es Interest to be Paid from Property Taxes Date Prepared: August 2. 2006 Other Amounts to be Paid Total Payment $184,685 $0 $0 $506,718 $0 $3,253,576 $0 $1,024,747 $0 $1,688,809 $0 $2,530,474 $0 $358,] 77 $0 $6,683,843 $0 $3,276,123 $0 $445,874 $0 $482,770 $20,435,796 $0 $0 $0 $20,435,796 $632,035 $2],067,83] AN ORDINANCE PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2006 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEAR AS THE SAME MAY BE APPLICABLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the tax rate on $100 valuation for this city for tax year 2006 as follows: $0.403197 for the purpose of maintenance and operation 0.199175 for payment of principal and interest on debt $0.602372 Total Tax Rate SECTION 2: That there IS hereby levied, to be assessed and collected in current money of the United States of America. for the use of the City of Corpus Christi, Texas, for the year 2006 and for each succeeding year thereafter. until otherwise provided and ordained, an annual ad valorem tax of $0.403197 on each One Hundred Dollar value thereof, on all property, real, personal. and mixed, located within the said City of Corpus Christi, upon which a tax IS authorized to be levied by law, and upon all franchises of all Individuals partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there IS hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the year 2006 and for each succeeding year thereafter, until otherwise provided and ordajned an annual ad valorem tax of $0.199175 on each One Hundred Dollar value on all property. real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds .....', ',"",," ANNUAL DEBT SERVICE DUE FY 2006-2007 Principal Interest & Fees Total 1996 Certificates $225,000 $47,550 $272,550 of Obligation --,- 2000 Certificates $595,000 $152,795 $747,795 of Obligation 2001 A General $4,400000 $401,500 $4,801,500 Obligation ~___. _m__ "--', ., _.-.------~._.. ---~.- 2001 B General $370,000 $1,142,281 $1,512,281 Obligation _ _""__"_'~"______._.__m 2002 Certificates $1 , 150 000 $1,342,279 $2,492,279 of Obligation _'_'0_' .___ '_' ___ --.' " 2003 General $3,135000 $599,375 $3,734,375 Obligation _______n_..._____ 2004 Certificates $250,000 $278,584 $528,584 of Obligation , - 2004 General $8,900 000 $963,750 $9,863,750 Obligation -- -.--.,- 2005 General $680,000 $4,154,775 $4,834,775 Obligation - ----.- - 2005 Certificates $658,004 $658.004 of Obligation ---~-'- 2006 Certificates $712,453 $712,453 of Obligation ',-, $19,705,000 $10,453,346 $30,158,346 In addition to the ad valorem tax levy totaling $68,798,749, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes, SecTION 4: That all taxes for the year 2006 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2007, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be jue on anv delinquent taxes as orov!ded by Chapter ::ti of ~8irl Prnrprty T8X Code, No ~"-~""" discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final Judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provisior hereof be given full force and effect for its purpose. SECTION 6: 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 1 ih day of September 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: September 5.2006 ~/~~ '-;-Cf---- - ------ Lisa Aguilar Assistant City Attorney for City Attorney Corpus Christi Texas dav of 2006 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bitl Kelly Rex A Kinnison Jon Marez Jesse Noyola Mark Scott ~.......... 31 ~..''''...... . CITY COUNCIL AGENDA MEMORANDUM Date: September 12, 2006 AGENDA ITEM: .;. MOTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY WITH THE U 3. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO ACCEPT AND IMPLEMENT THE FY2006 CONSOLIDATED ANNUAL ACTION PLAN FOR COMMUNITY PLANNING AND DEVELOPMENT (CPD) PROGRAMS THAT INCLUDE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) EMERGENC'y SHELTER GRANT (ESG) AND HOME INVESTMENT PARTNERSHIPS (HOME PROGRAMS B ORDINANCE APPROPRIA T1NG $8,090,816IN THE NO 1059 CDBG GRANTS FUND FOR THE FY2006 CONSOLIDATED ANNUAL ACTION PLAN WHICH INCLUDES (1) $4,962,506 FOR THE FY2006 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CONSISTING OF $3,489,407 OF ENTITLEMENT FUNDS, $800,000 OF PROGRAM INCOME FROM HOUSING LOANS, $28,356 OF DEMOliTION LIEN PROGRAM INCOME AND $644,743 OF REPROGRAMMED FUNDS; (2) $149,325 OF ENTITLEMENT FUNDS FOR THE FY2006 EMERGENCY SHELTER GRANT PROGRAM; AND (3) $2,978,985 FOR THE FY2006 HOME INVESTMENT PARTNERSHIPS PROGRAM, CONSISTING OF $1,666,004 OF ENTITLEMENT FUNDS. $25,570 OF THE AMERICAN DREAM DOWNPAYMENT INITIATIVE GRANT, $438,306 OF PROGRAM INCOME FROM HOUSING LOANS, AND $849,105 OF REPROGRAMMED FUNDS, <=OR APPROVED COMMUNITY PLANNING AND DEVELOPMENT PROJECTS AND ACTIVITIES AND DECLARING AN EMERGENCY ISSUE: Accepting and appropriating FY2006 COBG, ESG and HOME funds received from the HUO PRIOR: On April 18, 2006, the City Council adopted its FY2006 Consolidated Annual ,Action Plan for CPO Programs The projects/activities approved are listed as Exhibit A. REQUIRED COUNCIL ACTION: Acceptance of the FY2006 Consolidated Annual Action Plan for CPO Programs and appropriating $8,090,816 for COBG, ESG and HOME project/activities approved on April 18 2006 (M2006-125) FUTURE COUNCIL ACTION: Execution of Subrecipient agreements with nonprofit organizations who were awarded FY2006 Community Development Program funds. RECOMMENDATION: Accept the FY2006 Consolidated Annual Action Plan for Community Development Programs and appropriating $8,090,816 for FY2006 projects/activities approved by City Council on April 18, 2006. AlPITIONAL SUPPORT MATERIAL Background Information f1 List of approved projects fl BACKGROUND INFORMATION The City Council adopted the FY2006 Consolidated Annual Action Plan that included CDBG, ESG and HOME activities, program income and reprogrammed funds totaling $8,090,816 fhe effective date for the grant is August 1, 2006 ~..."-- Rev, 04/30/06 CITY OF CORPUS CHRISTI FY2006 CONSOLIDATED ANNUAL ACTION PLAN APPROVED FY2006 CDBG PROGRAM ATTACHMENT A FY2006 COBG Allocation Reprogrammed Funds Program Income from Rehabilitation Program Program Income from Demolition Liens/Clearance of Vacant Properties T TAL FUNDS AVAILABLE FOR FY2006 CDBG PROGRAM A A Compliance COBG Tracts IThe need to address ADA Compliance IS a City priority and IS being handled as funds become available The city with the assistance of the Committee for Persons with Disabilities will identify the needs for accessibility routes especially where curb cut ramps and sidewalks do not exist The Committee for Persons with the Disabilities has deemed accessibility to the transportation service as priority one in the Criteria for prioritiZing requests for ADA improvements, This project would enable the City/RT A to address the needs for ramps and sidewalks within the eXisting bus routes where none exist In CDBG areas The funds for the construction for this project will be requested annually to allow the City to address this need, The specific locations of accessible routes will be identified to meet the priority needs and COBG Program Administration This project will fund staff salaries and administrative costs Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment I Partnership (HOME) and Emergency Shelter Grant (ESG) Programs Staff interprets CDBG, jHOME and ESG federal regulations, conducts public hearings/meetings, reviews propose projects and activities to determine funding, eligibility, monitors subrecipients, provides technical assistance, conducts enVIronmental assessments of funding projects/activities and enforces DavIs Bacon federal wage rate requirements _...,._-~,-~.._.,.._,----.,.- IClearance of Vacant Properties Program I This actlvitlY will entail the clearance of vacant properties by the removal of weeds, rubbish, IbruSh, debriS accumulations, and other unSightly, objectionable or unsanitary matter in all ,COBG eligible areas to include designated Neighborhood Initiative Program (NIP) Areas. !Liens may be placed against the properties to cover the cost Incurred. I ICOde Enforcement Program I This project will fund salaries and benefits for (4) Code Enforcement Inspectors, (2) Project ,Coordinators and (1/2) Support Clerk The Inspectors/Project Coordinator are responsible for I !inspecting within the CDBG Target areas for violation of City code and health ordinances. i This entails adding one more project coordinator to support the NIP 1--------.. Cole's Gym This project Includes renovations throughout the gym and address ADA compliance: Phase 1 of 2 year project IComprehensive Planning Assistance ITo support continuous comprehensive planning actiVities Including data collection, population I projections. land use surveys, maintenance of development regulations, staff training/travel and other activities designed to update comprehensive plan elements or implement adopted plans Demolition Program The removal of unsafe structures is a pnority in neighborhood revitalization within the community The Code Enforcement staff identifies structures that are unoccupied, unsecured an<! dilapidated Liens may be placed against the properties to cover the cost incurred for the demolition $50,000 $508,000 $200,000 $247,000 $40,698 $53,000 $200,000 Emergency Home Repair Grant Program Emergency repair grants up to $6,500 are provided to homeowners who are 65 years old or older or disabled and very low Income {1.. majority of the repairs are for roofing, plumbing, electrical heating and minor structural i+ IS anticipated that emergency repairs will be performed on 84-100 Units G;m;ia Arts Education Center - Area Street Improvements Phase 1 & 2 The Garcia Arts Education Improvements define the following streets in this project as: 17th I Street - Agnes Street to Marguerite Street 18th Street - Agnes Street to Mary Street; I Marguerite Street - 17th Street to 18th Street, The project includes ADA requirements, curb I and gutter and sidewalks The Wastewater and Stormwater Departments are funding the utility ,work This request is for construction and needs to be identified as such These funds will I complete the project which is needed to advertise, bid and start construction. I .. .-- ~Heritage Park Mary-Carroll House Renovate newly obtained Mary- Carroll House ~.,..^_._.,.,_._-,"_._-"~-,._~--- ..._-'---- IHIP Administrative Director I Provides administrative support to the Board of Directors of the Homeless Issues Partnership, 'I' Inc. and works to further the mission of the Corpus Christi/Nueces County Continuum of Care, In conjunction with City staff. County staff and the membership of the organization. ~. ._._~---_._--- ---.-.----- Historic Preservation To support a National/Register Nomination of Ule former medical office of Dr. Hector P Garcia located at 1315 Bright St in Corpus Christl. TX The nomination process will require the preparation of an application through the Texas Historical Commission by a consultant Mike Zepeda Park Provide for playground equipment and unit enclosure. ADA accessible entrance, improve the pavilion roof Mortgage Services The funds being requested are for the operations of our mortgage services section and Indude the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Our request includes funding for one additional staff person that will assist the one person currently handling all mortgage services. i Mortgage Services is currently serving 850 different types of loans ! I Rehabilitation Services IThe funds being requested are '0 pay the salaries of staff that provide support services for the Rehabilitation Loan Program, Emergency Home Repair Grant Program, Homebuyer Programs. Mortgage Counseling, Homebuyer Classes and Rental Rehabilitation Loan Program These programs are designed to assist low and very low income households. Services Include loan processing, developing specifications and plans, monitoring of construction projects through inspections. processing of homebuyer applicants, conducting inspections: and conducting hornebuyer classes , Renewal Community The City of Corpus Chnsti Economic Development office is requesting CDBG funds to initiate outlleach and marketing activities in the original and expanded Renewal Community. These outreach include contracting for professional services to assist businesses in completing the Commercial Revitalization Deduction Applications completing forms associated with tax Icredits and deductions. ... 'ReS4dential Traffic Management Program iThls program includes the possibility for residents to share in the cost of the installation of /speed humps under certain conditions The purpose of this request is to allocate CDBG funds to bear the residents' share of installation costs in qualified CDBG eligible tracts. I $500,000 $181,000 $50,000 $15,000 $15,000 $25,000 $54,000 $677,000 $20,000 $12,000 SF Rehabilitation Loan Program The Single f= amily Rehabilitation Loan Progr-am provides zero percent and three percent interest loans to homeowners Interested In rehabilitating their homes It is estimated that 5-10 units will be rehabilitated and 15-20 units will be reconstructed These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes_ The funds provided for demolitIon and relocation will be provided as a grant to the homeowner Southmoreland Addition Area Street Improvements 38 and 48 - Part 1: Fannin & Lewis Sl btw Fannin & Norton The Project consists of construction of 28 ft B-B street pavement. curb, gutter, sidewalk, ADA reqUIrements dnveways, underground drainage and utilities for Phase 3B & 4B. This is the second of three years to complete the project The Weed and Seed Program This will fund staff salanes for the support Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug use and gang activity in high crime neighborhoods The goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent cnme from reoccurring within the target areas City Projects Total $1,074,000 $155,000 $50,000 $4,126,698 i !--_ __000___00 I Boys and Girls Club of Corpus Christi IPhase IV of our Sports Complex includes the construction of one Soccer/Flag Football Field, ladditionai parking on the south side of the complex, installation of bleachers, scoreboards, Ipress box and sidewalk areas ~ _ _____ _____ ____"____0___ _____ _ __ 0 i Corpus Christi Hope House IThis project entails the renovation and improvement of the living conditions for the residents at 658 and 630 Robinson _ Corpus Christi Metro Ministries i COBG funds will assist with improvements to the Loaves and Fishes facility at 1906 Leopardo l,sPecifiC Improvements include site work (drainage repair, fencing, site lighting and signage); exterior rehabilitation (foundation, roof and walls), interior Improvements (floors, walls, 'ceiJin s, Ii htm , lumbm ,bathrooms and HVAC, rofessional and contractor fees. Del Mar College Small Business Development Center Del Mar College is requesting funds to expand the enhanced "Business Resource Center." ,This request includes funding for office space for four business related organizations; salaries Ifor a full time outreach coordinator, a Micro Loan Program Administrator, a part time ~! administrative assistant and a part time industry expert; plan room for reviewing, searching and accessing government contracts - -,._--_.,--_.-,._,~ - .,...-....--.. - National Archives and HistOrical Foundation of the American G.!. Forum of the U.S. This proposed project calls for a challenge grant of COBG funds to be matched by the agency in an amount equal to almost 2 to 1 This project includes the complete rehabilitation and renovation of the former office of Dr Hector P Garcia, together with the acquisition of additional land for parkmg and the expansion of the original office_ The first result of the project will be the elimination of the terrible blighting influence of the now vacant and deteriorating building E-o -. -- Nueces County Children's Advocacy Center - Phase 1 To house in one building, members of agencies required to conduct child abuse Ilnvestlgatlons ThiS will allow for a multidisciplinary team approach to handling child abuse cases and better serve the community Nueces County Community Action Agency IWeatherize and make modifications to homes of families of low to moderate income and families With disabilities Nora-Profit Total Ci Pro'ects Total Overall Total $100,000 $30,808 $125,000 $150,000 $250,000 $100,000 $80,000 $835,808 $4,126,698 $4,962,506 APPROVED FY2006 ESG PROGRAM 911 Park Place, dba Mission 911 Provision of Essential Services including services concerned with employment physical health and education for the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1 st moth's rent mediation programs legal services and payments to prevent foreclosure on a home. Maintenance and Operation including rent, insurance, utilities and furnishings Catholic Charities Provision of Homeless Prevention Including short-term subsidies, security depOSits or 1 st moth's rent. mediation programs, legal services and payments to prevent foreclosure on a home, Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place ProviSion of Essential Services Including services concerned with employment. physical health and education for the homeless Maintenance and Operation including rent, insurance, utilities and furnishings Corpus Christi Hope House ProviSion of Essential Services including services concerned with employment. physical health and education for the homeless Payment of maintenance, operations including rent. insurance, utilities and furnishings. Corpus Christi Metro Ministries ProviSion of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention Including short-term subsidies, security deposits or 1 st month's rent. mediation programs. legal services and payment to prevent foreclosure on a home Payment of maintenance, operations including rent, Insurance, utilities and furnishing. Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. The ARK Assessment Center and Emergency Shelter for Youth ProviSion of Essential Services including services concerned with employment. physical health and education of the homeless, Payment of maintenance, operations, including rent, insurance, utilities and furnishings. The Salvation Army Provision of Essential Services including services concerned with emDlo/illent phvslcal !lealth and education for the homeless Payment of maintenance operations including rent. Insurance, utilities and furnishings. "'II!lP"""-- $10,662 $13,000 $10,663 $13,000 $43,000 $13,000 $13,000 $13,000 The Women's Shelter of South Texas Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1 st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and furnishings. TOTAL $20,000 $149,325 ."....-,....- APPROVED FY2006 HOME PROGRAM FY2006 Allocation American Dream Downpayment Initiative (ADDI) Reprogrammed Funds Program Income TOTAL FUNDS AVAILABLE FOR FY2006 HOME PROGRAM CCCIC* COC New Construction Homebuyer Program Construction of new single family multi-housing units The units must remain affordable for a minimum of 20 years, These funds will be used by the CDC A deferred forgivable loan. not to exceed $20,000, payable after the 1 st mortgage IS paid, will be provided to low income home buyers for the purchase of a home The amount of the deferred loan will be based on HU 0 income limits, These funds will assist approximately 17 low to moderate Income families These funds may be applied towards the Model block ro ram HOME Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reportmg and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, nonprofits, owners/Investors of rental property and other organizations that may participate in the program May include administrative funds for direct operating support for the CHDO's Homebuyer Assistance Program A deferred forgivable loan not to exceed $5,000 will be provided to low ,ncome homebuyers for the purpose of meeting down payment and closing costs ex enses Homebuyer Assistance Program - ADD I .A deferred forgivable loan not to exceed $5,000 will be provided to low Income. first-tlme homebuyers only for the purpose of meeting down payment and closing cost expenses Major Rehabilitation ProVide loans tolow income homeowners to assist them with major rehabilitation of their homes I Minor Rehabilitation ProVide emergency grant to very low Income homeowners to assist them with minor rehabilitation of their homes Model Block Program Neighborhood Services Department IS requesting support for the neighborhood revitalization projects Within the Model Block Program that will be dedicated for the purchases of land, housing rehabilitation, new construction of single family housing, homebuyer assistance and other eligible Improvement projects to be established by the participating neighborhood Subrecipients/Other Entities Buena Vida Senior Village New senior development of 120 units of rental apartments for low and moderate Income residents 55 or over HOME funds will be combined with HOlisino T~3x Credits :md conventional financing to construct this property $250,000 $166,600 $450,000 $25,570 $100,000 $100,000 $550,000 $126,815 Cliff Maus Village Trust Replacement of water lines servicing the apartment building units on the $100,000 property. Corpus Christi Metro Ministries The proposed project r:osts Include appropriate contractor and architectural fees, roof replacement interior and exterior renovations, electrical $125,000 upgrades, partial cost for the installation of an elevator to make the 2nd story Rainbow House accessible for persons with disaibilities and exterior public stair renovations at 1906 Leopard St. Costa Tarragona II, L TO New construction 250 unit Multi family project located in Corpus Christi, $150,000 project Will be 100% affordable serving families at 60% AMI and 50% AMI. LULAC West Park Apartments (Trust) Rehabilitation of a 124 unit multifamily development; 1, 2, 3 bedroom lapartment units. serves families at or below 60% of the area median $125,000 income. 124 Housing Assistance Program units approximately 35 years old Nueces Loft Apartments Adaptive reuses of a historic downtown building from office space to rental apartments. Project costs Include construction and development costs related to the change from existing office use to residential apartments exclUSive of acquisition and commerCial tenant finish costs. The completed $300,000 development will have sixty six loft style apartment units with twelve apartment units set aside for low income residents The HOME Funds are requested as a subordinate loan to be repaid from the developments of net operating income COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S (CHDO's)** NUECES COUNTY COMMUNITY ACTION AGENCY NCCAA proposes to utilize the funds to assist CAP Estates II Phase III, $200,000 ! prOVide down payment and closing cost assistance to seventeen families 80% or below the area median income TG 110 - GLENOAK APARTMENTS Request funds to rehabilitate the exterior surfaces of all buildings consisting of re-roof all buildings; add storm windows with solar screens; add security lighting, add ADA accessibility route. add new gutters and downspouts. $210,000 The project also has needs of intenor rehabilitation work; replace all kitchen cabinets/countertops; replace all bath fixtures; replace water heaters (49), replace HVAC condensers (38) CCCIC Projects Total $1,642,170 Subrecipients/Other Entities Total $926,815 CHDO's Total $410,000 TOTAL $2,978,985 * Subrecipients/Other Entities/CHDO's are contracted thru the CCCIC ** COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHOO). The City of I iCorpus Christi will set aside at an minimum the 15% ($249,901) required by regulations for juse by the CHOG Within the 24-month period The City of Corpus Christi will provide technical assistance and capacity bUilding as necessary ~,.. .'~ AN ORDINANCE APPROPRIATING $8,090,816 IN THE NO. 1059 CDSG GRANTS FUND FOR THE FV2006 CONSOLIDATED ANNUAL ACTION PLAN, WHICH INCLUDES: (1) $4,962,506 FOR THE FY2006 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, WHICH CONSISTS OF $3,489,407 OF ENTITLEMENT FUNDS, $100,000 OF PROGRAM INCOME FROM HOUSING LOANS, $28,356 OF DEMOLITION LIEN PROGRAM INCOME, AND $644,743 OF REPROGRAMMED FUNDS; (2) $149,325 OF ENTITLEMENT FUNDS FOR THE FY2006 EMERGENCY SHELTER GRANT PROGRAM; AND (3) $2,978,985 FOR THE FY2006 HOME INVESTMENT PARTNERSHIPS PROGRAM, WHICH CONSISTS OF $1,666,004 OF ENTITLEMENT FUNDS, $25,570 OF THE AMERICAN DREAM DOWNPAYMENT INITIATIVE GRANT, $438,306 OF PROGRAM INCOME FROM HOUSING LOANS, AND $849,105 OF REPROGRAMMED FUNDS, FOR APPROVED COMMUNITY PLANNING AND DEVELOPMENT PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An appropriation IS made, in the No. 1059 CDBG Grants Fund, for $8,090,816, for the FY2006 Consolidated Annual Action Plan, which includes the following (1) $4,962,506 for the FY2006 Community Development Block Grant Program. which consists of $3,489,407 of entitlement funds, $800,000 of program income from housing loans, $28,356 of demolition lien program income, and $644,743 of reprogrammed funds; (2) $149,325 of entitlement funds for the FY2006 Emergency Shelter Grant Program. and (3) $2,978,985 for the FY2006 HOME Investment Partnerships Program, which consists of $1,666,004 of entitlement funds, $25,570 of the American Dream Downpayment Initiative Grant, $438,306 of program Income from housing loans, and $849,105 of reprogrammed funds, for approved community planning and development projects and activities. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2006 ........, .-- ATTEST: Armando Chapa City Secretary APPROVED: August 31, 2006 Elizabe R. Hundley Assistant City Attorney for the City Attorney EHord195.doc ......' '.....- CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi , Texas _____ day of _________, 2006 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emer- gency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully Respectfully I Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bitt Kelly Rex A Kinnison John E Marez Jesse Noyola Mark Scott ~.".<",,*, 32 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Seotember 12.2006 AGENDA ITEM: Resolution authorizing the City Manager to execute an interlocal cooperation agreement for disaster operations with the City of Port Aransas. ISSUE: During the 2005 humcane season the City of Corpus Christi and the City of Port Aransas cooperated extensively to insure that evacuations were well coordinated, that similar messages were dissiminated to the public, and that common interest were addressed. Since the 2005 hurricane season, these efforts have been further enhanced to incorporate a greater degree of coordination that would be inclusive of a common program of emergency management and disaster operations. REQUIRED COUNCIL ACTION: The City Council's adoption of this resolution is necessary to move forward with the cooperation and coordination of emergency management activities and disaster operations. PREVIOUS COUNCIL ACTION: No prevIOus Council action has been identified. CONCLUSION AND RECOMMENDATION: Adoption of the proposed resolution is recommended. Richard Hooks Acting Fire Chief Attachments: Copy of the Interlocal Agreement for Disaster Operations ...... - -, ,,"- BACKGROUND INFORMATION During the 2005 hurricane season the City of Corpus Christi and the City of Port Aransas cooperated extensively to insure that evacuations were well coordinated, that similar messages were disseminated to the public and that common interest were addressed. Since the 2005 hurrIcane season, these operational concepts have been further enhanced through continued communications, cooperation, and coordination between the emergency management staff from both cities. Staff has identified a number of objectives that could further enhance joint operations and are proposing a formalization of the initial operational concepts and an expanSlOn of the cooperation into a program that unites the two programs through an lnterlocal ('ooperatlOn Agreement for Disaster Operations and emergency management. Under this proposed agreement, Corpus Christi and Port Aransas will maintain autonomy for their individual offices of emergency management, while at the same time entering into an agreement that would assure cooperation in plans development, a heightened level of interoperable communications, a shanng of resources (equipment and personnel), use of common planning tools, the co-location of emergency management staffwithin a single EOC during emergency operations, and a sharing of pre-positioned contracts. The CIty of Port Aransas approved entering into this interlocal cooperation agreement at their agenda August 3] City Council Meeting. -......."--- INTERLOCAL AGREEMENT FOR DISASTER OPERATIONS FOR THE CITY OF PORT ARANSAS AND THE CITY OF CORPUS CHRISTI, TEXAS This Interlocal Agreement (" Agreement") is entered into by and between the City of Port Aransas ("Port Aransas") and the City of Corpus Christi ("Corpus Christi") hereinafter the" Parties" . RECIT ALS The Parties recognize the vulnerability of the people and communities located within the County to damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and recognize that disasters and/or civil emergencies may present equipment and manpower requirements beyond the capacity of each individual Party The Parties recognize that, III the past, mutual aid has been provided between or among the Parties in the form of personnel, supplies and equipment during disasters and/or civil emergencies as well as during cleanup periods. The governing officials of the Parties desire to secure for each Party the benefits of joint disaster operations and mutual aid and protection of life and property in the event of a disaster and/or civil emergency. The Parties wish to make arrangements for coordinating planning and disaster operations, and furnishing mutual aid in coping with disasters and/or civil emergencies and the Parties are authorized to make and do enter into this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act), Chapter 418, Texas Government Code (Texas Disaster Act of 1975), and Executive Order No. RP-12 by the Governor of the State of Texas (April 3, 2002~)-, The Parties recognize that a formal agreement for mutual aid and coordinated disaster operations will allow for better concentration of efforts, will provide that adequate equipment and manpower is available, and will help ensure that mutual aid is accomplished in the minimum time possible, and thus desire to enter into an agreement to implement a joint system disaster operations and provide mutual aid. NOW, THEREFORE. the Parties agree as follows: TERMS I. Recitals. The recitals set forth above are true and correct. ! DEFINITIONS. For nur!10SeS of this Agreement. tht, terms listed helow will have the following meanings: -~ (a) "Civil emergency" means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. (b) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas Government Code), acts of terrorism, and other public calamity requiring emergency action. (c) "Local government" means a county, municipality, special district, or any corporate/political entity organized under state law, of Texas or a state that borders Texas. (d) "Mutual aid" includes, but is not limited to, such resources as equipment, supplies, and personnel (e) "Political subdivision" means county or incorporated city. (f) "Disaster operations" means response to an impending, probable or actual disaster, and recovery actions to restore the communities to pre-disaster conditions. It also means, but is not limited to, the definition given to disaster operations by the relevant State of Texas or federal emergency management personnel. 3. Party's Emergency Management Plan . Each Party shall prepare and keep current an emergency management plan for its jurisdiction to provide for emergency / disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas Government Code. The emergency management plan shall incorporate the use of available resources, including personnel, equipment and supplies, necessary to provide mutual aid. The emergency management plan shall be submitted to the Governor's Division of Emergency Management. The Parties shall coordinate efforts to accomplish joint disaster operations planning and the development of plans that take into account one another's needs, geographic areas, and populations. Port Aransas will contribute planning assistance to include pre-disaster coordination and plan development on Corpus Christi and regional plans, review of Corpus Christi plans and documents as requested, participation in Corpus Christi or regional exercise development, execution. and evaluation, and other planning tasks agreed to by the Parties to further disaster preparedness for the Parties and/or the region. Corpus Christi will provide planning support to include access to Corpus Christi emergency staff and programs, the inclusion and specific mention of Port Aransas in relevant plans, maps, and documents. Corpus Christi will assist Port Aransas in meeting its fe;..!e~~~! ~:~~d t:t~~~ ~!:l~~i~:~ ~~q~i~'.?me~t~; \l/ith p!~~ del/e18p:~erlt ~~~~h as the state emergency management planning standards as defined in the EMPG [Emergency .-. Management Planning Grant], and federal requirements such as the NIMS [National Incident Management System] and others as applicable). The Parties pledge to be advocates of a continuous upgrade of their respective emergency management programs and capabilities, both mdividually and jointly, and agree to meet several times a year, at times to be agreed upon by the Emergency Management Coordinators, to coordinate training. planning, mitigation. and other emergency management efforts. 4, Emergency Management Directors/Coordinators. The Mayor of each city participating in this Agreement shall each serve as the Emergency Management Director for his/her respective jurisdiction and shall take all steps necessary for the implementation of this Agreement, Each Emergency Management Director shall designate an Emergency Management Coordinator, who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. During an active disaster situation as defined by this document and/or State of Texas, the Emergency Management Directors and Coordinators of the Parties shall communicate and coordinate on emergency actions. In the case of a conflict between the Directors during a disaster situation, the Texas Department of Public Safety's Disaster District Chairman for the region shall mediate, or arbitrate the dispute if needed. with due speed 5 ActIvation of Agreement. This Agreement shall be activated immediately upon its passage by the Parties' City Councils. 6 Request for Mutual Aid. In the event of a local disaster declaration, the Emergency Management Director or the designated Emergency Management Coordinator of a Party seeking mutual aid from another Party shall request such aid to the other Party t s Emergency Management Coordinators. A Party from whom mutual aid 1 s sought shall furmsh mutual aid to cope with the disaster to the requesting Party, subject to the terms of this Agreement 7 Conditions. Any furnishing of resources under this Agreement is subject to the followmg conditions: (a) A request for aid shall specify the amount and type of resources being requested, the location to which the resources are to be dispatched, and the speclfic time by which such resources are needed; (b) The Party rendering aid shall take such action as is necessary to provide and make available the resources requested, provided however, that the Party rendering aid, in its sole discretion, shall determine what resources are available to furnish the requested aid; and Ie) The Party rendering aid shall report to the officer in charge of the requesting Party's forces at the location to which the resources are JlsoatcheJ, ~ 8. Coordinating Agencv for Mutual Aid. Corpus Christi shall act as the coordinating agency for mutual aid responses to disasters and to civil emergencies under this Agreement. As part of its duties as coordinating agency, Corpus Christi shall maintain a current listing of personnel to be contacted in each city, appropriate telephone and facsimile numbers, and other information that would be needed in order to contact each Party in the event of a disaster or civil emergency. 9. Waiver of Claims Against Parties; Immunitv Retained. Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the gross negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. 10. Costs. All costs associated with the provision of mutual aid, such as damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging, shall be paid by the Party rendering aid, although the Party rendering aid may be reimbursed by the requesting Party for such costs if the Parties in question so agree. Personnel who are assigned, designated or ordered by their governing body to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits, disability payments, and worker's compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. Port Aransas agrees to provide an annual payment of $10,000 to Corpus Christi on or before November 30 of each year the Agreement is active, to augment administrative and other costs associated with implementing this Agreement. 11. Equipment and Personnel. During the time mutual aid is being furnished, all equipment used by the Party rendering aid shall continue to be owned, leased, or rented by the Party rendering aid. At all times while equipment and personnel of a Party rendering aid are traveling to, from, or within the geographical limits of the requesting Party in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the Party rendering aid. In addition, such personnel shall be deemed to be engaged in a governmental function of their entity. Port Aransas agrees to provide personnel to assist in emergency operations, preparations, and recovery to include an Assistant Emergency Management Coordinator and its Emergency Management Coordinator. Such personnel shall be available, with the permission of the Port Aransas Emergency Management Director, and able to provide assistance in Corpus Christi, whether at an emergency scene or in the Corpus Christi EOC (Emergency Operations Center). Corpus Christi agrees to provide access to all warning tools a":I!J,hl.' t" It;rlil t/\ Cjll \H Pnrf\r,,,,,:,,, 1.''''-' nf f>!~lf>!'g'::'!1{~Y ~\pe!'a!!ons soft\vare. Corpus Christi agrees to house and provide a workspace in their EOC for three Port Aransas personnel. 12. Storm Debris. Port Aransas will provide a site for emergency storm debris reduction and transfer within its corporate city limits for the handling of storm or other debris generated from a disaster that affects the Parties for the benefit and use of the Parties. Corpus Christl agrees that burning operations, that may have been used during the initial clean up stages of a disaster, will switch to mulching/grinding operations upon the request of Port Aransas. Both Parties agree that the condition of the debris reduction and transfer station should be returned to its pre-storm use conditions. Corpus Christi agrees to cooperate and assist with such restoration efforts, but does not assume liability for the costs of the restoration effort. Corpus Christi agrees to immediately amend its storm debris clearing and handling contract to include both Parties in that contract. Port Aransas is hereby given access to all Corpus Christi disaster contracts. Port Aransas agrees to work with said contractor to set up separate debns zones, do contractor and site monitoring during disaster operations, and identify the storm debris site immediately. Corpus Christi agrees to manage the overall debris contract. rebid the contract as necessary to include Port Aransas in its next bid, and agrees to be the primary applicant to FEMA for debris clearing and reduction costs. Port Aransas will enumerate to Corpus Christi all costs incurred for its separate debris area and provide all documentation to facilitate this portion of FEMA applications for publ Ie assistance Port Aransas will provide oversight contractors to work within the Port Aransas debris zone, tractk reimbursable and other costs, develop its own project worksheets. and provide other assistance to Corpus Christi with debris and paperwork issues for the island areas as needed. Port Aransas agrees to be part of such contingency contracts, acknowledging that no additional contract costs are associated with being added to such Corpus Christi contracts. Port Aransas agrees to be part of the annual start-of-season check-up and training process and to participate with Corpus Christi and its contractor in such training. 13. Immediate Emergency Response & Communications. Port Aransas pledges to begin a program of radio system interoperability in concert with regional, state, and federal assistance. Port Aransas also agrees to supply Corpus Christi with sufficient Port Aransas operating band radios to facilitate communications. Port Aransas agrees to supply the Mustang Island area with property within its city limits for a federal disaster field office, emergency workers camp, mobile medical hospital, resupply points and staging areas, emergency food/water/ice/tarps distribution points, and helicopter and fixed wing aircraft landing zones. Port Aransas agrees to provide an interjurisdictional forward command post with high speed satellite internet access, satellite phones, and a wireless local area network at such a forward post for the joint use of the Parties, state. and federal officials. Corpus Christi agrees to provide an additional two (2) 800 MHz radios for the use of Port Aransas personnel. Corpus Christi agrees to provide or facilitate initial windshield or aircraft based damage assessment resources in concert with Port Aransas staff and volunteers. Corpus Christi a1!.rec\ 1\) orilV ide ill' fal ditate the SharllH! of citv. state. and federal search and rescue . - . assets and assistance for the immediate response to the Port Aransas area. ......... ..- 14. Expending Funds. Each Party which performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party, No Party shall have any liability for the failure to expend funds to provide aid hereunder 15. r ermination, It is agreed that any Party hereto shall have the right to terminate its participation in this Agreement upon one hundred eighty (180) days written notice to the other Parties hereto 16. Term. ThiS Agreement shall become effective as to each Party when approved and executed by that Party. This Agreement shall continue in force and remain binding on each and every Part;.- until such time as the governing body of a Party terminates its participation in thIS Agreement pursuant to Section 15 of this Agreement. Termination of participation in this Agreement by a Party(ies) shall not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 17 Entirety. This Agreement contains all commitments and agreements of the Parties with respect to the coordinated disaster operations and mutual aid to be rendered hereunder during or in connection with a disaster and/or civil emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 19 below and such written agreements authorized by this Agreement. 18. Ratification. Each Party hereby ratifies the actions of its personnel taken prior to the date of this Agreement. 19, Other Mutual Aid Agreement~, Notwithstanding Section 17, it is understood and agreed that certain signatory Parties may have heretofore contracted or may hereafter contract with each other for mutual aid in civil emergency and/or disaster situations, and it is agreed that this Agreement shall be subordinate to any such individual contract. To assist each other in the process of mutual aid response planning, each Party agrees to inform the other Parties of all mutual aid agreements that each Party has with other municipalities, entities, counties, and state or federal agencies Specifically, the existence of this Agreement shall not prevent a municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity from providing mutual aid assistance on request from another municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity, in accordance with the provisions in Section 418. 109 (d) of the Texas Government Code. Additionally, the existence of thi" 1\ ,'n'('rn,'nl d,:dl nl\l ~rp\,'nl;11\ I "'''JI (./)\ PI'I1111pnl wl~iC'!~ i" ? Party hereto fro!!! proviumg emergency assistance lO another Local Government which is not a party hereto, in accordance with the provisions in Section 791.027 of the Texas Government Code 20. lnterlocal Cooperation Act. The Parties agree that mutual aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as that term is defined herein and in the lnterlocal Cooperation Act 21 . Sev<;rability, I t a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 22. Validity and Enforceability, If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect, 23. Amendment, This Agreement may be amended only by the mutual written consent authorized by the Parties' governing bodies. 24. Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto This Agreement is not intended to create, nor shall it be deemed or construed to create, an) rights in third parties, 25. W arranty The~ Agreement has been officially authorized by the governing body of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 26. Governin~ Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Nueces County, 27 Headings. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. **The Rest of this Page is Intentionally Left Blank** ~"- EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Port Aransas, Texas: Michael Kovacs City Manager of Port Aransas, Texas Date ATTEST Name Date Title Corpus Christi, Texas: George "Skip" Noe City Manager of Corpus ChristL Texas Date ATTEST Armando Chapa Date City Secretary APPROVED AS TO FORM: R. Jay Reining First Assistant City Attorney For City Attorney My StufP. L! :ics,:\u']l(',; \ 1",'11', "eI', i:\ In; l"l,d "1"'11' L 'Iem <I,,,' ....,., RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR DISASTER OPERATIONS WITH THE CITY OF PORT ARANSAS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SecTION 1. The City Manager IS authorized to execute an interlocal cooperation agreement for disaster operations with the City of Port Aransas. seCTION 2. The City Manager is authorized to make editorial and non-substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to. time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor R60805B1 doc '........ ,,,.... Corpus Christl, Texas of _________'___ , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jeny Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott R608lO5B1 doc '~ 33 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 12. 2006 AGENDA ITEM: Ordinance approving a $1,400,000 transfer from Water 2006 Capital Improvement Program Fund No. 4090 to and appropriating in the Stormwater 2006 Capital Improvement Program Fund No 3492 for projects related to the improvements and extensions to the Water, Stormwater, and Wastewater Systems; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1,400,000; and declaring an emergency ISSUE: The City of Corpus Christi intends to issue City of Corpus Christi, Texas Utility Revenue Improvement Bonds during the first quarter of Fiscal Year 2006-2007. In order to adhere to the time schedules to insure timely completion of some of these projects, the City must move forward with contracts prior to the completion of the final closing on the Bonds. A reimbursement resolution was approved and the temporary funding has now been Identified. Approval of the transfer is necessary to provide the temporary funding for the Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook Area and the Street Overlays City Wide projects. REQUIRED COUNCIL ACTION: City Council approval of the ordinance in order to proceed with the projects as scheduled. PREVIOUS COUNCIL ACTION: July 11, 2006 - Reimbursement resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City's Utility System July 18, 2006 - Ordinance approving a $5,000,000 transfer from Street 2005 Capital Improvement Program Fund No. 3541 to and appropriating in the Water 2006 Capital Improvement Program Fund No 4090: a $5,000,000 transfer from Street 2005 Capital Improvement Program Fund No. 3541 to and appropriating in the Wastewater 2006 Capital Improvement Program Fund No. 4250; and a $2,000,000 transfer from Street 2005 Capital Improvement Program Fund No. 3541 to and appropriating in the Stormwater 2006 Capital Improvement Program Fund No. 3492 for projects related to the improvements and extensions to the Water, Stormwater, and Wastewater Systems; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $12,000,000; and declaring an emergency. ........- FUTURE COUNCIL ACTION: Award of construction contracts for Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook Area and the Street Overlays City Wide projects. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Ordinance as presented. ~:/:Z:=- ~07P6 ~?Z 'Angel R. Escobar, P.E. Director of Engineering Services ORDINANCE APPROVING A TRANSFER AND APPROPRIATION OF $1,400,000 FROM THE WATER 2006 CAPITAL IMPROVEMENT PROGRAM FUND NO. 4090 INTO THE STORMWATER 2006 CAPITAL IMPROVEMENT PROGRAM FUND NO. 3492 FOR PROJECTS RELATED TO THE IMPROVEMENTS AND EXTENSIONS TO THE WATER, STORMWATER, AND WASTEWATER SYSTEMS; AMENDING THE FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $1,400,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1 ,400,000 from the Water 2006 Capital Improvement Program Fund No. 4090 is transferred into the Stormwater 2006 Capital Improvement Program Fund No. 3492 and appropriated for projects related to the improvements and extensions to the Water, Stormwater, and Wastewater Systems. SECTION 2. That the FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 IS amended by increasing appropriations by $1,400,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for Immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 1 ih day of September, 2006. ATTEST: THE CITY OF CORPUS CHRISTI .- Armando Chapa City Secretary Henry Garrett Mayor rt:.. OVE~ 07 Sffi .. I : lW{Jv ~ Veronica Ocanas Assiltant City Attorney for City Attorney V006.091206.AppORDEng.Stormwater Imp.doc ~...,,- 2 Corpus Christi . Texas _____ day of __ ___.___ 2006 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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully Respectfully Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. KinnIson John E. Marez Jesse Noyola Mark Scott 34 AGENDA MEMORANDUM DATE: September 12,2006 SUBJECT: Mansheim area Drainage Improvements Phase 2A - 6A Bone 2004 Neighborhood Street Reconstruction Cluster Four Mansheim/Sunnybrook Area (BOND ISSUE 2004) AClJNDA ITEM: A. Motion authorizing the City Manager, or his designee, to award a construction contract to Garrett Construction of Ingleside, Texas in the amount of $5,293,469.79 for the Mansheim Area Drainage Improvements Phase 2A - 6A (revised and reissued for re-bid) I Bond 2004 Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook area project. (BOND ISSUE 2004) B. Motion authorizing the City Manager, or his designee, to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of $ 30,000 for the Mansheim Area Drainage Improvements Phase 2A - 6A and Bond 2004 Neighborhood Street Reconstruction Cluster 4 Mansheim/Sunnybrook area project. (BOND ISSUE 2004) IS.,E: To consolidate costs and expedite construction, the Mansheim Area Drainage I mprovements project and Bond 2004 Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook area are being constructed together. This construction contract and testing agreement are necessary to complete the combined project. FUllDlNG: Funds for this project are available in the Fiscal Year 2005 Capital Improvement Budget. RE Staff recommends approval of the motion as presented. ~ F 0/ 1t)7(fr Eduardo Garana, P.E., Director of Water ;'" -2~~1~/C>6 Fosler Crowell, Director of Wastewater Ir~ &,~ ~/P6' , ngel R. Escobar, P. E., ~ D;re~orOf Engineering Services ~ti.nal Support Material: Exhibit "A" Background Information Exhibit 'B" Project Budget Exhibit "C" Bid Tab Extdbit "0" Location Map H\HOIIIE\L YNOAS\GENlStreets\2004,Bond Jssue\~Neiahborhood Streets - CLUSTER 4\Memorandum,doc '-~ .-"-- BACKGROUND INFORMATION ~JECT: Mansheim Area Drainage Improvements Phase 2A - 6A (revised and reissued for re-bid) Bond 2004 Neighborhood Street Reconstruction Cluster Four MansheimlSunnybrook Area (BOND ISSUE 2004) PRPJECT DESCRIPTION: In order to economize on costs and expedite construction two projects within the same service area are being constructed together. The first project, Mansheim Area Drainage Improvements Phase 2A - 6A, is part of the Council-approved $55 million drainage improvement project list. The second project is the voter-approved Neighborhood Street Reconstruction Cluster Four - Mansheim/Sunnybrook Area project. This construction contract will provide for street reconstruction, drainage improvements, water improvements and sanitarv sewer improvements along the following street sections: STREET SECTION l,"__ ~~ i Archer Drive 1_____ ----- I ~J~nd~!'_~treet lCf!~'--SJ!eet ; Dodd Street [------ ~~~ste~ Str~et_ i Franklin Street 1________ i Q(:Jbri~LStr~et . Mansheim Boulevard FROM _Surlllybrook ~_unny_brook _Surlrly_brook _Su_rlE)y~rook ______ TOTAL LENGTH TOTAL LENGTH - -- _.~~-- - ..~",.,.. _Sullnyproo~ Gabriel Street r - - ----- TO --- f------ McArdle McArdle McArdle McArdle ----- --'-"- +i\yers Street BIIINFORMATION: The City received proposals from four bidders on August 23,2006. The proposal consisted of one base bid and four additive alternates. Base bid: provides for: the complete street reconstruction of the selected streets with associated drainage, water, and sanitary sewer improvements while allowing forthru traffic patterns along Mansheim Boulevard during the construction period. Alternative No.1: provides for the complete shut down of Mansheim Boulevard during the construction period Alternative No.2: provides for the removal and replacement of the existing 8" wastewater line with 8" pve in lieu of pipe bursting. Alternative No.3: provides for the Installation of pavement section consisting of lime stal>ilized sub-grade, crushed limestone and HMAC in lieu of cement treating the existing material on Mansheim Boulevard EXHIBIT "A" Page 1 of 5 -1 HOME\L YN[;r,S\CEN\SI, ,'els 20(4 ,Jone iSSu' 6365 "Flght' 11 hOOd S.".,,,, CLUSTEr< 4\AGENDA BACKGROUND doc Altltrnative No.4: provides for the installation of pavement section consisting of lime stabilized sub-grade, crushed limestone and HMAC in lieu of cement treating the existing material on the side streets. The bids received ranged as follows: Base Bid Only: $ 5,293,469.79 to $ 5,798,023.80 Add. Alt. NO.1: $ 3,600.00 to $ (115,000.00) Add. Alt. NO.2: $ 18,688.50 to $ 185,200.00 Add. Alt. NO.3: $ 77,226.00 to $ 122,355.00 Add. Alt. NO.4: $ 388,221.10 to $ 216,213.00 The engineer's opinion of probably construction cost was: $5,814,065.00. PRPJECT RECOMMENDATION: In determining which base bid was in the best interest of fle City, the two (2) lowest bidders were evaluated on: 1 . Total Base Bid 2. Total Base Bid with Additive Alternate NO.1 1. The low bidder for the total base bid was Garrett Construction Company in the amount of $5,293,469.79. 2. The low bidder for the Total Base Bid plus Alternative NO.1 was King Isles, Inc. in the amount of $5,251,667.90 The difference between the above two bids is $41,801.89. G'ottPanYlstreet(B"04jHS'ii~ .....~.. ~.~~~!lter -=rWw' Garrett i 1,365,850.27 2.884,064.51 1 379,770.03 663,784.9 Ki~9 ';';5 r 1 .724210002594.16290 1309~2000()i699:095.0 --..-------... -- - ~. Base Bid Alt#1 BB+A1t #1 8 5,293,469.79 3,600.00 5,297,069.79 - _. 0 5,326,667.90 (75,000.00) 5,251,667.90 _..- -~ In further analyzing the bids and their respective funding sources: . Garrett's bid for Bond 2004 items is $1,365,850.27. . King Isles, Inc. bid for Bond 2004 items is $1,724,210.00. 9ol8Pany. Garrett King,lsles - ------~~ 4\1 -- ---.-~.~ Str~!i~!.Q~A1t ~L ~ Street+Alt #1~ 1,365,850.27 I 3,600.00 1,369,450.27 1.724,210.001 (75,000..00) 1,649,21~~~ -- ----- . ..---- ...--....-- After applying Alternative No. 1 to the two street base bids, King Isles is still higher by $27'9,759.73. Furthermore, the City Bond 2004 construction budget for this project is $1 ,497,260.00. Of the bids received, only Garrett Construction Company's total base bid for Street Bond 2004 items is within the budgeted amount. This option also keeps Mansheim open throughout the construction period providing through access to the residents at all times. EXHIBIT "A" Page 2 of5 ',HOME\LYNDAS\GEN\Streets\2004 Bond Issue ,,365.. NelghborhooC Streels CLUSTER 4\AGENDA BACKGROUND.doc After consultation with the City's AlE consultant, LNV, Inc. and City staff, it was determined that due to the limits of the Bond 2004 budget and the moderate flexibility of the utility budget, it is recommended the City award the Total Base Bid to Garrett Construction Company in the amount of $5,293,469.79. All references provided by Garrett Construction were positive and they have successfully completed prior jobs for the City of Corpus Christi. ~TRACT TERMS: The contract specifies that entire project will be completed in 470 calendar days with completion anticipated by March 2008. efl)JECT BACKGROUND: The proposed project area encompassing the Mansheim arae was constructed many years ago. Previous investigation reports indicate that the curb and gutters were constructed directly on clay soil and over time the gutter grades have sunk to well below current minimum standards. The low slopes allow storm water to pond which soaks into the curb cracks into the gutter sub-grade causing swelling. The swelling moves the curb and gutter further out of grade causing additional ponding of storm water. The initial stage of this project summarized the curb and gutter investigation from Sunnybrook to McArdle Road on the following streets: . Archer . Blundell . Cheryl . Dodd . Easter . Franklin . Gabriel . Mansheim In addition, Mansheim from Ayers Street to Gabriel was investigated to determine possible reconstruction methods. A preliminary drainage study of the area was also performed to develop possible drainage alternatives. The Design Memorandum outlined a six (6) phase project to be constructed over time as funding allowed. On August 26,2003, a construction contract was awarded to W.T. Young Construction of for the Sunnybrook/Evelyn/Gollihar/Kostoryz Area Street & Drainage Improvements Phase 1 and Mansheim Area Drainage Improvements Phase 1A. This work was successfully completed using Community Development Block Grant funds and Storm Water Department Capital funds. On February 24, 2004, Amendment No. 2 was executed with LNV, Inc to provide engineering services for the remaining phases of the Mansheim Area Drainage Improvements project (See Exhibit "O" - Location Map). Phase 2A through 6A drainage work includes the construction of a new storm sewer trunk main on Gabriel Street from Sunnybrook to Mansheim and on Mansheim Boulevard from Gabriel Street to Archer Drive. Work includes new inlets with curb and gutter replacement and upsizing the collection system to support the proposed improvements. EXHIBIT "A" Page 3 of 5 I HOMEIL YNOilS'GEN\St,eels\)004 ;'011,1 'ssue ..,365 Ne'ghb' "liOOI' ,';"eels CLUSTER 4\AI,ENOA BACKGROUND doc On February 25, 2005, Amendment NO.3 to LNV, Inc.'s contract provided engineering services to design, bid, and complete the Bond 2004 Neighborhood Street Reconstruction for Cluster NO.4 - Mansheim / Sunnybrook Area to be constructed with the Mansheim Drainage Project Phases 2A - 6A. This project consisted of street reconstruction and overlay of the following streets: . Archer . Blundell . Cheryl . Dodd . Easter . Franklin . Gabriel . Mansheim On August 17, 2005, this project originally solicited bids for construction. I n September 2085, bids were rejected due to the low bid containing a mathematical error and the contractor withdrawing his bid and the second and third lowest bids being over budget. Subsequently, the plans and specifications were revised to remove the scheduling restrictions on the contractor and the project was rebid on August 23, 2006. Proposals received at this time were lower than the second low bid on the previous bid date. PRIOR COUNCIL ACTION: 1 July 17. 2001 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering for a total fee not to exceed $21,975 for the Mansheim Area Rolled Curb and Gutter Improvements (Motion No. M2001-266). 2 February 11. 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to a Contract For Professional Services with LNV Engineering in the amount of $87,200 for the Mansheim Street rolled Curb and Gutter Improvements Project (Phase 1A) (Motion No. M2003-054). 3 February 10.2004 - Approval of the FY 2003-2004 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647). 4. February 24. 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.2 to a Contract For Professional Services with LNV Engineering in the amount of $234,800 for the Mansheim Area Drainage Improvements Project, Phases 2A through 6A (Motion No. M2004-066). 5 November 10,2004 - 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). EXHIBIT "A" Page 4 of 5 "'HOMEIL YNDASIGENISlreets\2004 Bond Issue"'365. NeighborhOOd Streets. CLUSTER 4\AGENDA BACKGROUND doo 6. February 5.2005 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.3 to the Contract For Professional Services with LNV Engineering, Inc. in the amount of $172,500, for a total restated fee of $516,475, for the Mansheim Area Drainage Improvements Project, Phases 2A through 6A for design of Neighborhood Street Reconstruction Cluster 4 Mansheim/Sunnybrook Area. (BOND ISSUE 2004). e1IQR ADMINISTRATIVE ACTION: 1 October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2 November 10.2000 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4 March 23.2001 - Letter of Notification 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. FUTURE COUNCIL ACTION: Nothing anticipated. EXHIBIT "A" Page 5 of 5 'HOME\L YNDAS\(,EN\Strf'ets'200J Bone rssu. 6365 'iprghb\)fhOOd Soc,>p's CLUSTER 4\AGENDIl BACKGROUND doc FlIfDS AVAILABLE: Streets. . .. ... Water. .... .. .. Storm Water.... Wastewater... . . Total. .. PROJECT BUDGET BOND ISSUE 2004 NEIGHBORHOOD STREET RECONSTRUCTION Cluster 4 September 12, 2006 . .. . . .. .. .. $ 1 ,863,533.27 417,750.00 3,111,500.00 730,160.00 FUNDS REQUIRED: COftStruction (Garrett Construction) street.. . ........ SIorm Water... ., vtastewater. . .. . Water . . ...... .. Construction Total CoMingencies .. ... COftSultant (LNV I Inc.). . .. Telling (Rock Engineering)..... Administrative Reimbursements En.neering Reimbursements.. Priming, Advertising, etc.. , Total.... $ 1,365,850.27 . .......... 2,884,064.51 ......... 663,784.98 .......... 379,770.03 , . ............... ............ $ $ 6,122,943.27 5,293,469.79 264,673.48 407,300.00 30,000.00 50,000.00 75,000.00 2,500.00 $6,122,943.27 EXHIBIT B Page 1 of 1 00 b I1t ~ o () Il<o fIlO ~>t HE-t IIQH ~U O. ~~ Hi::i ~! a~ i 00 S E-t .. .. r: ~e fIl IllI fIl H E-t 00 H e lQ G) U .... t G) 00 m ~ .... 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'" 1.L j I-- I-- - ~ - ~ I-- r-- r-- tes ~- ~~ I-- ~ - r-~ ~. ':J- ~ . ~I- I-- I-::r: I-- -- ~~ 1-(.) I-- - laJ - ~ 1-;- i-- I- ~ 1-0:: I-- ~::> ~-::r: - 8 ~ . ....85 ~ I- ....~ I-- I-~ ,;j - a r-- t-~ . ~ ~ - - '--- - _ -t-(!5 ~ ~ - -- -I-- . ~ ~ ........ L- I-- I-- '-- I-- ....;... - '-- - ~ - - I-- ~ - . . - - - I-- - - - I-- - - - = I-- - - r-- . I-- - - . ~ r--: - - - I-- I- - - -~ - - - - ---l /' I II '" - - /11 1 -..,.} - -..:..... 1/ I y ~ffii l~~~r I ! -/ , -~ I I 1~ VICINITY MAP Nor TO SCALE CITY ~CT No. 2228 MANSIIElM AREA DRAINAGE IMPROVEMENTS PHASIB 2A-4A BOND ISBUE 2004 CLUSTER 4 .ANSHEIAflSUNNY8ROOK AREA CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09...07-2006 ~ ~ EXHIBIT -D- I - 35 . ,."...",""........ AGENDA MEMORANDUM DATE: September 12, 2006 ~JECT: Street Overlays - Citywide (BOND ISSUE 2004) ACENDA ITEM: A. Motion authorizing the City Manager, or his designee, to award a construction contract to Berry Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $5,110,082.40 for the Street Overlays City-wide project base bid. (BOND ISSUE 2004) B. Motion authorizing the City Manager, or his designee, to execute a Construction Materials Testing Contract with Fugro Consultants, LP of Corpus Christi, Texas in the amount of $53,100.00 for the Street Overlays City-wide project base bid. (BOND ISSUE 2004) IS..,E: This project was approved November 2,2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. The construction contract and testing agreement are necessary to complete the project. FU,OING: Funds for this project are available in the Fiscal Year 2005 Capital I mprovement Budget. R Staff recommends approval of the motion as presented. Va Dir ~io~ W~~rana, p:~~6 Director of Water ,.. ~~~~ 7J\o/~ Foar Crowell, f I Director of Wastewater ~ n el R. Escobar, P. E., irector of Engineering Services ~i.nal Support Material: Ex .... it "A" Background Information Exhl>it "B" Project Budget Exhibit "e" Bid Tab Exhibit "0" Location Map H:IHOMIIL YNOASIGENIStreets\2004 Bond Issue\6290 - Street OvertavslMemorandum.doc ........ '~"'lI!" BACKGROUND INFORMATION .IDIlJECT: Street Overlays Project (BOND ISSUE 2004 PROJECT) fBl)JECT DESCRIPTION: This Bond Issue 2004 project will overlay selected streets city wide to extend their current useful service life.. Locations were chosen by the Street and Engineering Departments based upon several criteria including need and the Pavement Condition Index Report. The designated eight (8) street locations throughout the City have existing pavement in just average to poor condition and could have their existing useful life extended several years with minimal repairs and an asphalt overlay. The improvements will consist of isolated base repairs, asphalt milling, hot-mix-asphalt-concrete (HMAC) overlay, valve and manhole adjustments, and pavement markings. The designated street locations and there construction sequencing is as follows: Phase One: 1 Whitecap Boulevard - from Bonasse Court to SPID (Park Road 22) Phase Two: 2 Baldwin Boulevard .- from Crosstown Expressway to South Staples Street 3 Ayers Street - from Horne Road to Norton Street Phase Three: 4 Williams Drive - from Everhart Road to South Staples Street 5 McArdle Road - from Holmes Drive to Whitaker Drive 6 Gollihar Road - from South Staples Street to Airline Road Phase Four: 7 Calallen Drive - from Highway 77 to West Redbird Lane, and 8 West Redbird Lane - from Calallen Drive to I.H. 37 BlqINFORMATION: The City received proposals from two bidders on August 16, 2006 (see Exhibit "e" Bid Tabulation). The proposal consisted of a base bid delivering full depth pavement repair and hot-mix-asphalt concrete pavement. Three alternate bid items, developed to lower the cost of the project, provided for only crack sealing and the construction of a one-course surface treatment in lieu of hot-mix asphalt concrete pavement on Williams Drive, West Redbird Lane and Calallen Drive respectively. The bid ranges were as follows: Base Bid: $5,110,082.40 - $5,459,359.75 The engineer's estimated construction cost is $5,166,430. " 'HOMElL YNDAS\G[N\Strpets~'004 fl..md ,ssue' ;290 . SIr eel C ,eflays,Agenda BaCkground do. ,...,.. aCT RECOMMENDATION: The original Bond Issue street project budget ($,200,000) developed in early 2004 only provided for street overlays and did not address base repairs. During preliminary engineering studies it was determined that full depth pavement repairs would be necessary to assure the integrity of the project and produce the expected results. In addition, cost estimates determined at that time did not take into consideration the extreme cost inflation of fuel, asphalt and concrete that is being experienced today. In an effort to keep the project within the original budget additive alternates were developed for three of the street locations that would minimally address the problems and deliver a sub-standard product compared to the other locations. To further address the rising cost issues, this project was designed and bid early in the Bond Issue 2004 time frame to encourage competitive lower bid prices before the market became saturated with competing street projects from the city, county and TxDOT. In consultations with the City's AlE consultant Coym, Rehmet and Gutierrez and city staff it has been agreed upon that although the lowest bid price came in higher than the original budget it is consistent with the cu rrent market value for this type of work. Rejecting this bid and waiting to rebid the project in the future would not guarantee lower prices and could even result in much higher costs. Therefore it is recommended that a construction contract be awarded to the low bidder, Berry Contracting LP, dba Bay Ltd., in the amount of $5.110,092.40 for the Base Bid only The budget deficit will be supplemented with existing Bond Issue 2004 funds. It is proposed to appropriate Bond Issue 2004 street interest monies in the extended future to cover this shortfall to the fullest extend possible. This will assure the delivery of a project that conforms to the public's expectation and will best serve those who utilize these roads. C~TRACT TERMS: The contract specifies that the entire project will be completed in 540 calendar days with completion anticipated by April 2008. ~STRUCTION SCHEDULING: This was furnished by the contractor and Council will be ad\4sed immediately of any changes. Phase One . Whitecap Boulevard' October 2006 - early January 2007 Phase Two . Baldwin Boulevard: . Ayers Street: Phase Three . Gollihar Road . McArdle Road: . Williams Road' Phase Four . Calallen Road: . \Nest Redbird: January 2007 - February 2007 January 2007 - early March 2007 March 2007 - April 2007 mid March 2007 - May 2007 early April 2007 - June 2007 late June 2007 - July 2007 mid July 2007 - end July 2007 ,~ \HOME\L YNDAS\GEN\Streets\2004 Bond issue'5290 - Street OverlaysV\gecda Background doc ~lRUClION DEl AIL: The project consists of various thicknesses of asphalt ov.-lays on portions of eight (8) City streets: Williams Drive, McArdle Road, Gollihar Road, Whitecap Blvd., Baldwin Blvd., Ayers Street, Calallen Drive, and W. Redbird Lane. The project base bid will include 193,055 S.Y. pavement milling, 14,650 S.Y. of full depth pavement repair, 13,980 S.Y. of full depth pavement reclamation with cement treatment, 193,055 S.Y. seal coat, 207,035 S.Y.. hot-mix-asphalt concrete pavement, 165 each valve adjustments, 189 each manhole adjustments, 132,200 L.F. of pavement striping, 215 L.F. of minor curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. .eBPJECT 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 hel€t 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. e.BJ>R COUNCIL ACTION: 1. November 2. 2004 - Resolution expressing official intent to reimburse costs ofthe 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9. 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus 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) 3. March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800. (Ordinance 026188) 4 Julv 19. 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, in the amount of $433,220 for the Street Overlays Project as follows: (BOND ISSUE 2004) (Motion No 2005-228) o Williams Drive -- Everhart Road to South Staples Street o McArdle Road - Holmes Drive to Whitaker Drive o Gollihar Road - South Staples Street to Airline Road o Whitecap Boulevard - Bonasse Court to SPID (Park Road 22) o Baldwin Boulevard - Crosstown Expressway to South Staples Street o Ayers Street - Horne Road to Norton Street o Calallen Drive - Highway 77 to West Redbird Lane o West Redbird Lane - Calallen Drive to I.H. 37 -hHOME\L YNDASIGENIStreets\200A fjond 'ssue';290Slreet O'eday'"Agenda BackgroUl'(j doc ~ 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). 4. AUQust 23. 2005 -- Administrative approval of a small testing agreement with Fugro Consultants, LP. of Corpus Christi, Texas. in the amount of $24,787 for Street Overlays (Bond Issue 2004). 'hHOME\L YNDAS\GEN\Streets\2004 Bond Issue'6290 . Street CverlayslAgenda Background doc FUNDS AVAilABLE: Streets.... .. Storm Water Wastewater. Water Total. . PROJECT BUDGET BOND ISSUE 2004 STREET OVERLAYS - CITYWIDE September 12, 2006 $ 4,200,000.00 152,130.00 296,450.00 134,200.00 FUNDS REQUIRED: Construction (Bay Ltd.) Street . Storm Water . Wastewater Water. Construction Total Contingencies (5%) . Consultant (Coym, Rehmet & Gutierrez) Testing (Fugro Consultants LP). Administrative Reimbursements Engineering Reimbursements. Printing, Advertising, etc. Total. . - . $ 4,580,282.40 138,300.00 269,500.00 122,000.00 $ 4,782,780.00 $ 5,110,082.40 255,504.10 433,220.00 77,887.00 60,000.00 45,000.00 2,500.00 $5,984,193.50 BUDGET DEFICIT: $ (1,201,413.50) EXHIBIT B Page 1 of 1 I S - = j I- :: I V) ~ W I- i= V) ii: :J: U V) ::J 0.. 0:: V) 0 a u co u. 0 u. ~ 0 z U 0 3 Cl Z ::J ii: In w <( w 3 f- ~ Cl .~ z w ~ u. 0 CI l- e .;: z I w :E I- 't 0:: <( W 0.. 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(PR 22) BBaldwin Blvd. - Crosstown Expwy. to South Staples Street C Ayers Street - Horne Road to Norton Street D Williams Drive - Everhart Road to South Staples Street E McArdle Road - Holmes Drive to Whitaker Drive F $oIIihar Road - South Staples Street to Airline Road G Calallen Drive - Hwy 77 to West Redbird Lane H West Redbird Ln. - Calallen Drive to IH-37 LOCATION MAP NOT TO SCALE CITY PRf)JECT No. 6290 EXHIBIT "0" S1REET o VERLA YS PROJECTS (BOND ISSUE 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 5 DATE: 09-4-2006 ~ -- - - - - t lie. \ Mpro . ct\councilexhibits \exh6290.dwg PHASE 1 ~ N C( ClTY UMITS OF- ~'/~ X I C 0 A Whitecap Blvd. - Bonasse Court to S.P.I.D. (PR 22) LoeA TION MAP NOT TO SCALE CITY PRI'IJECT No. 6290 EXHIBIT "D" srREET o VERLA YS PROJECTS (BOND ISSUE 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 5 DATE: 09-4-2006 Ii -- - - - - .... PHASE 2 ~ N tt--- I I I v-- I; /1 C ~.. , ~..j';.\~f\ / ""'I ! -L Street Overlays B Baldwin Blvd. - Crosstown Expwy. to South Staples Street C Ayers Street - Horne Road to Norton Street LOCA TION MAP NOT TO SCALE CITY PRtJECT No. 6290 EXHIBIT "D" stREET o VERLA YS PROJECTS (BOND ISSUE 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 3 of 5 DATE: 09-4-2006 ~ -- - - - - rile ; \Mpro' ct \ councilexhiblts \ extJ6290.awg PHASE 3 ~ N ..~I ;~~ ) 7. / .. " . , i. /'" Street Overlays D Williams Drive - Everhart Road to South Staples Street E McArdle Road - Holmes Drive to Whitaker Drive F Gollihar Road - SOuth Staples Street to Airline Road LOCA TION MAP NOT TO SCALE CITY P"'JECT No. 6290 EXHIBIT "D" srREET OVERLA YS PROJECTS (BOND ISSUE 2004) r:ITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 4 of 5 DATE: 09-4-2006 ~ -- - - - - ~ ,'- nle : \ Mpro' ct\councilexhibits\eXh6290.dwg PHASE 4 ~ N \ \ H ~ic~ .- (, (-,:, /1' i "VI,' . . . . . j . .' . . ........ ........ . \ .. .. .. ... . ...... G Calallen Drive - Hwy 77 to West Redbird Lane H West Redbird Ln. - Calallen Drive to IH-37 LOCATION MAP NOT TO SCALE CITY PRfI.j.CT No. 6290 EXHIBIT "0" SJREET o VERLA YS PROJECTS (BOND ISSUE 2004) CITV COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 5 of 5 DATE: 09-4-2006 . -- - - - - - 36 CITY COUNCIL AGENDA MEMORANDUM September 12, 2006 AGENDA ITEM: An ordinance imposing a 3D-day moratorium on the issuance of permits for the erection or construction of wind energy systems in the City of Corpus Christi. ISSUE: The higher cost of electrical power has sparked interest in the erection and construction of wind energy systems, Including wind generators and wind turbines. The ordihances of the City do not provide sufficient detail to provide for the safety and welfare of the citizens and property within the City through regulation of the wind energy systems. It is appropriate to regulate the height. fall zone, location, distances from property lines and structures to provide for the safe operation of the systems. The 3D-day moratorium will provide time for staff to present a text amendment to the Zoning Ordinance REQUIRED COUNCIL ACTION: Adoption of proposed ordinance establishing a 3D-day moratorium PREVIOUS COUNCIL ACTIONS: None FUNDING: N/A RECOMMENDATION AND CONCLUSION: Staff recommends Council approval of the prOf,>osed ordinance imposing a 3D-day moratorium on the issuance 0 permits for the erection or construction of wind energy systems in the City of Corpus Chri i. ClDOCUME-1 IJeannie\LOCALS-1\Temp\0912wind turbines agenda.doc ..........- BACKGROUND INFORMATION .An amendment to the Zoning Ordinance IS being proposed regarding the location, spacing and plaoement of wind energy systems In the City. The requested 30-day moratorium will eliminate permits being issued for such devices until appropriate regulations can be presented and approved Staff has reviewed the regulation of such systems In other cities in Texas and proposed criteria whieh were considered by the Planning CommiSSion on Wednesday, September 6, 2006, and recommended for Council approval. The proposed text amendment is scheduled to be presented to City Council for consideration during ItS meeting on September 26, 2006. The mOl1ltorium is requested to allow staff time to complete the publiC hearing process with City Council and finalize regulations for wind energy systems to provide for the proper location of the wind energy systems to protect public safety. CIDOCUME-1 \Jeanme\LOCALS'-1 \Temp\0912wmd turbines agenda.doc -- .- AN ORDINANCE IMPOSING A 30-DA Y MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ERECTION OR CONSTRUCTION OF WIND ENERGY SYSTEMS IN THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, the recent Increase in energy costs has created an interest in the Installation of wind energy systems, including wind turbines and wind generators, within the City of Corpus Christi WHEREAS, a text amendment to the Zoning Ordinance to regulate wind energy systems has been proposed and is under review: WHEREAS, the City Council finds that it is in the best interest of the City to allow the opportunity to review the proposed wind energy system regulations; WHEREAS, in order to preserve the status quo pending the review and evaluation of the proposed changes to the Zoning Ordinance to regulate wind energy systems. the City Council has determined that a temporary moratorium should be imposed on the issuance of permits for erection or construction of wind energy systems In the City of Corpus Christi: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there shall be imposed. for a period of 30 days from the effective date of thiS ordinance. a moratorium on the issuance of permits for erection or construction of wind energy systems in the City of Corpus Christi. SECTION 2. That City staff will present the proposed amendments to the Zoning Ordinance relating to wind energy systems to City Council within 20 days of the effective date of this ordinance SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 1 ih day of September, 2006 H' LecDI![:W5 ,Igenda ',.,()(l6!O'..12/ord\vin knerg\llliJralOrium .....- ."- ATTEST: _.._._._~_.._-~_._..._--_..__.- Armando Chapa City Secretary APPROVED September 6 By Q;JlI ~t<.X5rn/~ Gl;yW. SmIth Assistant City Attorney for City Attorney 2006 H I.e~'!)ir 2\\'SI?e:]chi ?i)!!I, 0':1 i2'cml\'.!llccnc:g: !!<':al()r!um ~---- CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi Corpus Christi. Texas ___ _day of _ ____ 2006 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 LcgDIf. gws agend:J 211i1b/()',-1 [lhlratonun 37 .,....,..,-~".- CITY COUNCIL AGENDA MEMORANDUM September 12, 2006 AGENDA ITEM: Ordinance approving the FY 2007 Capital Budget in the amount of $146,494,500 IISUE: The City of Corpus Christi's Comprehensive Plan, as outlined in the City Charter, requires the development of a capital improvement program and annual capital budget. The City Council is required to approve the Plan and Capital Budget annually. BACKGROUND: The City Council received an introduction to the Proposed FY 2007 Capital Budget and Capital Improvement Planning Guide on August 29, 2006. A public hearing to receive citizen input was held on August 29 I 2006. REQUIRED COUNCIL ACTION: Approval of 1 st Reading of FY 2007 Capital Budget Ordinance PUTURE COUNCIL ACTION: 2.*i Reading of FY 2007 Capital Budget Ordinance at the September 19, 2006 Meeting. k[~ Eddie Houlihan Assistant Director of Management and Budget BACKGROUND INFORMATION The Proposed FY 2007 Capital Budget totals $146,494,500 and is categorized in the following summary Airport Park & Recreation Public Facilities Public Health & Safety Streets Gas Storm Water Wastewater Water Water Supply Total ""lles' CaDital Proiects $11,534,800 $5,762,300 $1,245,000 $8,653,100 $35,025,600 $1,754,000 $31,655,700 $28,805,400 $21,575,600 $483,000 $146,494,500 The City Council approved a 5.75% rate increase for Water and Wastewater, effective August 1, 2006, to fund various utility projects in the Proposed FY 2007 Capital Budget. A meter charge was added to Gas rates in lieu of a rate increase. g.,wral Obligation ProJects Proposed FY 2007 expenditures reflect anticipated expenditures for projects approved aQd funded in the Bond 2004 Program. Funding for proposed long-range general oItIigation projects such as streets, parks, libraries and other public facilities must be pR)vided for by future bond issues. - ORDINANCE APPROVING THE FY 2007 CAPITAL BUDGET IN THE AMOUNT OF $146,494,500 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2007 Capital Budget in the amount of $146,494,500 is hereby approved A copy of the FY 2007 Capital Budget is on file in the Office of the City Secretary. ......'...- That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of , 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the ____ day of _________, 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this day of ,2006. ATTEST- Armando Chapa, City Secretary Approved: ~-1~ >- ~i'arr Assistant City Attorney for City Attorney Henry Garrett, Mayor